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12-04-07 Agenda RegPUBLIC NOTICE THE PUBLIC IS ADVISED that the December 4, 2007 Regular City Commission Meeting has been cancelled due to a conflict with Hanukkah. ALL Items on the December 4, 2007 Regular Commission Meeting Agenda are postponed to a time and date certain of 6:00 p.m., December 11, 2007 Regular City Commission Meeting; provided, however, all items advertised as Public Hearings have been postponed to December 11, 2007 at a time certain of 7:00 p.m. at the Delray Beach City Hall, City Commission Chambers, 100 N.W. 1s` Avenue, Delray Beach, Florida. Chevelle D. Nubin Ciry Clerk PoaC December 3, ZW7 Gaskins, Lanelda From: City of Delray Beach [SubscriptionsQMyDelrayBeach.com] Sent: Monday, December 03, 2007 5:17 PM To: Gaskins, Lanelda Subject: Media Release: Public Notice -City Commission Meeting Postponed Public Notice Regarding December 4, 2007 City Commission Meeting Postponed to December 11, 2007 December 3, 2007: THE PUBLIC IS ADVISED that the December 4, 2007 Regulaz City Commission Meeting has been postponed due to a conflict with Hanukkah. ALL Items on the December 4, 2007 Regular Commission Meeting Agenda aze postponed to a time and date certain of 6:00 p.m., December 11, 2007 Regulaz City Commission Meeting; provided, however, all items advertised as Public Hearings have been postponed to December 11, 2007 at a time certain of 7:00 p.m. at the Delray Beach City Hall, City Commission Chambers, 100 N.W. 1st Avenue, Delray Beach, Florida. For more informafion, please call (561) 243-7190. Contact: Ivan Ladizinsky Public Information Officer (561)243-7009 ladi zinskvCu~my_delraybeach.com City Commiasioa: Rita Ellis, Mayor Fred Fetzer, Vice-Mayor Brenda Montague, Deputy Vice-Mayor Woodie McDuffie, Commissioner Gary Eliopoulos, Commissioner ~DelrayBeach.com You received this message because you have subscribed to an applicable mailing list provided by the City of Dehay Beach. If you no longer wish to receive these mailings or if you wish to make other changes to your mailing list subscription choices, please visit: http://MyDelrayBeach.com/MailineLists/default.asti?email=easkins%40ci%2Edelra %y 2Dbeach%2Efl%2Eus Copyright 2004, City of Delrey Beach, 1001Qw First Avenue, Delray Beach, FL 33444, 561-243-7000, Myl7elrayBeach.com 12/4/2007 CITY OF DELRAY BEACH MEDIA RELEASE City of Delray Beach Regular Commission Meeting RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings Tuesday, December 4, 2007 and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor or Regular Meeting 6:00 p.m. presiding officer has discretion to adjust the amount of time allocated. Public Hearings 7:00 p.m. Commission Chambers A. Public Hearings: Any citizen is entitled to speak on items under this Delray Beach City Hall section. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. 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 start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you 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. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. 100 NW 1st Avenue Delray Beach, Florida 33444 The City will famish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, Phone: (561) 243-7000 program, or activity conducted by the City. Contact Doug Smith at 243-7010, Fax: (561) 243-3774 24 hours prior to the event in order Eor the Ciry to accommodate your request. Adaptive listening devices are available Eor 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 6, 2007 -Regular Meeting November 20, 2007 - Regular Meeting 6. PROCLAMATIONS: A. NONE PRESENTATIONS: A. RESOLUTION NO. 68-07: Recognizing and Commending Captain Mark S. Davis for 30 yeazs of dedicated service to the City of Delray Beach B. Ciry of Delray Beach Residents' Academy Certificates -Janet Meeks C. Chief s Achievement Awazd for the Delray Beach Police Department Dive Team - Chief Schroeder 8. CONSENT AGENDA: City Manager Recommends Approval. A. RATIFICATION OF THE APPOINTMENTS TO THE KIDS AND COPS COMMITTEE: Approve and ratify certain appointments to the Kids and Cops Cotnmittee to serve two (2) year terms ending November 30, 2009. B. RESOLUTION NO. 69-07/ALTERNATIVE WATER SUPPLY GRANT/SOUTH FLORIDA WATER MANAGEMENT DISTRICT jsFWMp)i Approve and adopt Resolution No. 69-07 authorizing execution of an Alternative Water Supply Grant Agreement with the South Florida Water Management District (SFWMD) for funding in the amount of $619,700.00 for the construction of the Area 4 Reclaimed Water Transmission System Project. C. RATE ADJUSTMENTS/AMENDMENT NO 6/DAVID MILLER AND ASSOCIATES, INC.: Approve Amendment No. 6 to David Miller and Associates, Inc. Consulting Engineering Services Agreement Section VII(A)(2)(a) to adjust the hourly rates by five percent (5%). 12-04-2007 -2- D. STATE HOUSING INITATIVE PARTNERSHIP (SHIPl ALLOCATION FOR FY 2007-2008 RECAPTURED FUNDS: Approve and authorize the City to allocate the recaptured funds for FY 2007-2008 for the purchase of existing and/or construction of new single family homes, townhouses and condominiums in partnership with a participating Community Development Corporation (CDC) and/ox eligible non-profit organizations. Funding is available from 118-1924554-49.20 (State Housing Initiatives Partnership). E. AMENDMENT/MEMORANDUM OF AGREEMENT (~OA1/ NEIGHBORHOOD RESOURCE CENTER/UNITED WAY PROSPERITY CENTER: Approve an amendment to the Memorandum of Agreement (MOA) with the United Way of Palm Beach County for the Prosperity Center (LIWPBC) at the Neighborhood Resource Center providing that the City will fund a one (1) tone grant in the amount of $22,000.00 in support of the Prosperity Center Manager position for FY 2007/2008. F. AMENDMENT TO AGREEMENT/ACHIVEMENT .CENTER FOR CHILDREN AND FAMILIES: Approve an Amendment to the agreement between the City and the Achievement Centers for Children and Families (ACCF), to include funding in the amount of $52,000.00 for the teen program provided through the Parks and Recreation Department for FY 2007/2008. Funding is available from 001-4111- 572-83.01 (General Fund/Other Grants and Aids). G. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boazds foz the period November 19, 2007 through November 30, 2007. H. AWARD OF BIDS AND CONTRACTS: Contract award to RSI of Florida in the amount of $174,993.00 for the Fire Station No. 2 Re-Roofing Project. Funding is available from 3346112-522- 46.15 (General Constmction Fund/Roof Repair-Fire Station). 2. Contract awazd to Total Quality Construction Services, Inc. in the amount of $156,727.74 for the constmcdon of the west parking lot at the Delray Beach Swim and Tennis Center. Funding is available fmm 117-4133-572-65.57 (Recreation Impact Fee Fund/Swim and Tennis Parking Lot). 3. Purchase award to The Armored Group, LLC in the amount of $96,335.00 for the purchase of a new SWAT truck for the Delray Beach Police Deparnnent. Funding is available from 501-3312-591-64.20 (Central Garage Fund/Automotive). 12-04-2007 -3- 9. REGULAR AGENDA: A. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD DECISION/PEDIATRICS BY THE SEA: Consider an appeal of the Site Plan Review and Appearance Board's decision regarding the building elevations associated with the Class IV site plan modification for Pediatrics By The Sea, located at 285 S.E. 5`s Avenue. (Quasi Judicial Heating) B. WAIVER REQUESTS/PEDIATRICS BY THE SEA: Consider a request for waivers associated with the Class >V Site Plan Modification fot Pediatrics By The Sea located at the northeast corner of S.E. 5's Avenue and S.E. 3`~ Street (285 S.E. 5's Avenue). (Quasi Judicia/Hearing) C. WAIVER REQUESTS/ONNEN DISASTER AND RECOVERY CENTER: Consider a request fox waivers associated with the Class TJ site plan modification fox Onnen Disaster and Recovery Center, located at 234 N.E. 4'" Avenue. (Quasi-Judicial Hearing) D. CONDITIONAL USE REQUEST/WAL-MART: Consider a conditional use request to allow the establishment of a 24houx or late night business for Wal-Mart, located on the west side of Military Trail, approximately 650 feet south of Linton Boulevard (16205 South Military Trail). (Quasi Judicial Hearing) E. CONDITIONAL USE EXTENSION REQUEST/ATLANTIC SHORES: Consider a conditional use extension request to increase the building height to a maximum of 60 feet and to allow an increase above 30 dwelling units per acre (41.30 du/ac) for Atlantic Shores, a proposed residential development pursuant to Land Development Regulations (LDR) Section 2.4.4(F)(1) and (2), "Extensions". Atlantic Shores is located on the west side of S.E. 2"d Avenue, approximately 80 feet south of S.E. 1" Street. (Quasi Judicial Hearing) F. BONUS PAYMENT TOJCD SPORTS GROUP INC: Consider approval of FY 2006 - 2007 bonus payment to JCD Sports Group for both golf operations in the amount of $12,206.25 and fox Tennis Center operations in the amount of $3,795.00. Funding is available from 445-4711-572-34.90 (Delray Beach Municipal Golf Course Fund/Other Professional Services), 446-4711-572-34.90 (Lakeview Golf Course/Other Professional Services), 001-4215-575-34.90 (General Fund/Tennis Operations/Tennis Center/Other Professional Services) and 001-4210-575-34.90 (General Fund/Tennis Operations/Stadium/Other Professional Services). G. AUTHORIZATION TO FILE COMPLAINT FOR INJUNCTIVE RELIEF/LYDIA R SMILEY: Consider a request authorizing the Ciry to file a Complaint fox Injunctive Relief against Lydia R. Smiley fox failing to comply with Section 91.02(A) of the Code of Ordinances pertaining to keeping poultry on residential property when it is prohibited. 12-042007 4- H. APPOINTMENTS TO THE KIDS AND COPS COMMITTEE: Appoint three (3) regular members to the Kids and Cops Committee to serve two (2) yeaz terms ending November 30, 2009. Based upon the rotation system, the appointments will be made by Mayor Ellis (Seat #5), Commissioner Eliopoulos (Seat #1) and Commissioner Fetzer (Seat #2). I. 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). J. 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 HEARINGI: Consideration of a rezoning request to allow a modification of the Blood's Grove Special Activities District (S.A.D.), Zoning Ordinance No. 51-95, in conjunction with a new mixed-use development known as Midtown Delray containing 116 townhouse units (of which 32 units are subject to the family workforce housing ordinance) and 29,571 square feet of medical offices to be located at the southwest corner of Linton Boulevard and Old Germantown Road (4600 Linton Boulevard). (Quasi Judicial Hearing) 1. WAIVER REQUESTS/MIDTOWN DELRAY• Consider approval of two (2) waiver requests associated with Ordinance No. 46-07. (Quasi Judicial Hearing) 2. 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 azchitectural elevations associated with the construction of a proposed 116-unit townhouse development and 29,571 squaze foot medical office building known as Midtown Delray, located at 4600 Linton Boulevazd. (Quasi Judicial Hearing) 12-042007 -5- B. ORDINANCE NO 55-07 (FIRST READING/FIRST PUBLIC HEARING): City initiated amendments to the Land Development Regulations (LDR) amending 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 the Historic Preservation Board to apply the Historic Compatibility Regulations; Section 4.5.1(E), "Development Standazds", Subsection 4.5.1(E)(6), "Demolition", and 4.5.1(F), "Restrictions on Demolitions", providing requirements fox the application and approval fox demolition. If passed, a second public hearing will be scheduled fox January 3, 2008. C. ORDINANCE NO 57-07 FIRST READING/FIRST PUBLIC HEARING): City initiated amendment to Land Development Regulations (LDR) Section 4.4.24 (B)(12), "Principal Uses and Structures", which specifies the accessory uses and structures permitted in the Old School Square Historic Arts District (OSSHAD), to add all of the accessory uses that aze also currently permitted in the Central Business District. If passed, a second public hearing will be scheduled fox January 3, 2008. D. 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. 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS. A. Ciry Managei s response to prior public comments and inquiries. B. From the Public. 12. FIRST READINGS: A. NONE. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney G City Commission P08TED: NOVEMBER S0, 2007 12-04-2007 -6- NOVEMBER 6, 2007 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Rita Ellis in the Commission Chambers at City Hall at 6:05 p.m., Tuesday, November 6, 2007. 1. Roll call showed: Present - Commissioner Gary Eliopoulos Commissioner Fred Fetzer Commissioner Woodie McDuffie Commissioner Brenda Montague Mayor Rita Ellis Absent - None Also present were - David T. Hazden, City Manager Susan A. Ruby, City Attorney Brian Shutt, Assistant City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Dr. William Quick, Delray Beach Clergy Association. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mayor Ellis noted the addition of Item 7.E., Resolution No. 66-07 to Presentations and the addition of Item 9.L., Guaranteed Maximum Price (GMP)/Seacrest Soccer Comalex/Weitz Company by addendum. Mayor Ellis requested a reversal to the order of the Public Hearings and asked that Item 10.A., Revised Ordinance No. 46-07 be heard after Item 10.B., Ordinance No. 45-07. The City Attorney requested that Item S.Q., Review of Aupealable Land Development Board Actions (Item G under the Site Plan Review and Aonearance Board concerning the site plan for Mid-town) be moved under Item 10.A., Ordinance No. 46-07 as Item 10.A.1. Mr. Eliopoulos requested to move Item 8.Q., Review of Appealable Land Development Board Actions (Item 8.Q.6. under the Historic Preservation Board) be moved to the Regular Agenda as Item 9.A.A. 11/06/07 Mr. McDuffie requested that Item 8.F., Resolution No. 63-07 be moved to the Regular Agenda as Item 9.A.A.A., Item 8.0., First Night Banner Project be moved to the Regular Agenda as Item 9.A.A.A.A. The City Attorney stated there is a request from the applicant to withdraw Item 10.C., Ordinance No. 53-07 (First Reading/First Public Hearing). Mr. Eliopoulos moved to approve the Agenda as amended, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 5. APPROVAL OF MINUTES: Mr. McDuffie moved to approve the Minutes of the Regular Meeting of October 16, 2007, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 6. PROCLAMATIONS: 6_A. NONE 7. PRESENTATIONS: 7.A. Carolyn Gholston -Multi-Cultural Festival Carolyn Gholston gave a brief overview of the Multi-Cultural Festival and thanked the City of Delray Beach for its support. She stated over 1,800 attended the Multi-Cultural Festival and commented that it was a wonderful event. Ms. Gholston presented a plaque to the City Commission and the City of Delray Beach, the Community Redevelopment Agency (CRA), Jennifer Buce (accepting for Waste Management), Auburn Trace, Police Chief Schroeder, Fire-Rescue Chief James. Paula Gholston recognized and acknowledged other Police Officers who helped them have a great event. She stated this is the 10`h year for the Multi-Cultural Festival. 7.B. Special Recognition Award -Arianna Harrington of Atlantic High School -Winner of the 2007 Sister Cities International Showcase of Young Artists Mayor Ellis read and presented the Special Recognition Award to Arianna Harrington of Atlantic High School for being the winner of the 2007 Sister Cities International Showcase of Young Artists. Arianna Hamngton came forward to accept the proclamation. -2- 11/06/07 At this point, the time being 6:19 p.m., the Commission moved to Item 7.D. 7.D. MuniAgenda Presentation -Chevelle D. Nubin. City Clerk Chevelle D. Nubin, City Clerk, gave a brief overview of the MuniAgenda and the installation. Mrs. Nubin showed the City Commission the Council Agenda view which the public will also be able to see. Mrs. Nubin thanked the City Clerk staff, the IT division, and Assistant City Manager Doug Smith and stated as soon as they are ready staff will have laptops in the Chamber for the Commission with a wireless connection and staff is also working on the link for the public. 7_C. Roy F. Kenzie Award -Diana Colonna, Executive Director of Community Redeveloament Agencv Diane Colonna, Executive Director of the Community Redevelopment Agency (CRA), presented the presentation that was given at the Annual Conference in Daytona Beach last month at the Florida Redevelopment Association (FRA) which is the conference of all redevelopment professionals (CRA's and cities). She stated there was an awards ceremony and out of the 70 or so entries, 10 awards were given and the Delray Beach Community Redevelopment Agency received one for the Neighborhood Resource Center. Ms. Colonna stated this was a joint project and on behalf of the CRA and the City of Delray Beach she is very pleased to have received the award and noted that the awazd was for creative partnerships. Elizabeth Butler, Marketing and Grants Coordinator for the CRA. stated the CRA submitted this year for the 2007 FRA and she gave a brief PowerPoint presentation. 7_E. Resolution No. 66-07: Recognizing the Delrav Beach Police Department for their first ever re-accreditation from the Commission for Florida Law Enforcement Accreditation, Inc. Mayor Ellis read and presented Resolution No. 66-07 to Police Chief Schroeder. Chief Schroeder came forward to accept the resolution and thanked the Mayor, the City Commission and everyone in the Police Department. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. ACCEPTANCE OF A RIGHT-OF-WAY DEED/SIDEWALK EASEMENT AND SIDEWALK DEFERRAL REQUEST/1119 NASSAU STREET: Approve and accept aright-of--way deed for a S6" right-of--way dedication along Nassau Street, and accept a 5' sidewalk easement and a sidewalk deferral request for 1119 Nassau Street. -3- 11/06/07 8_B. CONTRACT ADDITION (C.O. NO. 61BLOCK 64 ALLEY IMPROVEMENT PROJECT/CHAZ EQUIPMENT COMPANY, INC.: Approve a Contract Addition (C.O. No. 6) in the amount of $49,952.50 to Chaz Equipment Company to add Barwick Road sidewalks to the Block 64 Alley Improvement Project. Funding is available from 334-3162-541-68.02 (General Construction Fund/Other ImprovementsBarwick Road Sidewalks). 8_C. CHANGE ORDER NO. 1/OLD SCHOOL SQUARE PARKING GARAGE/CATALFUMO CONSTRUCTION, LTD: Approve Change Order No. 1 to Catalfumo Construction, LTD fora 35 day extension to complete the Old School Squaze Pazking Garage Project. 8.D. RESOLUTION NO. 60-07: costs for abatement action required for the located at 1314 S.W. 22"d Avenue. Approve Resolution No. 60-07 assessing emergency boazd-up of an unsafe structure The caption of Resolution No. 60-07 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORD- ING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (The official copy of Resolution No. 60-07 is on file in the City Clerk's office.) 8_E. RESOLUTION NO. 61-07 (TAX EXEMPTION REQUEST FOR ELIGIBLE IMPROVEMENTS/226 NORTH SWINTON AVENUE : Approve a tax exemption request for eligible improvements to 226 North Swinton Avenue, located in the Old School Square Historic District; and approve Resolution No. 61-07. The caption of Resolution No. 61-07 is as follows: -4- 11/06/07 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING AN AD VALOREM TAX EXEMPTION TO FRANK AND ELIZABETH ROZZO FOR THE HISTORIC REHABILIATION OF THE PROPERTY LOCATED AT 226 NORTH SWINTON AVENUE, AS FURTHER DESCRIBED HEREIN; DETERMINING THAT THE COMPLETED IMPROVEMENTS ARE CONSISTENT WITH LAND DEVELOPMENT REGULATIONS (LDRs) SECTION 4.5.1(M)(5); PROVIDING AN EFFECTIVE DATE. office.) (The official copy of Resolution No. 61-07 is on file in the City Clerk's 8_F. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A. 8.G. RESOLUTION NO. 62-07: Approve Resolution No. 62-07 assessing costs for abatement action required for the emergency board-up of an unsafe structure located at 5116 Pineview Circle. The caption of Resolution No. 62-07 is as follows: office.) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORD- ING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (The official copy of Resolution No. 62-07 is on file in the City Clerk's -5- 11/06/07 8.H. AMENDMENT NO. 1/INTERLOCAL AGREEMENT/MULTIPLE AGREEMENT/EAGLE'S NEST PROGRAM AT ATLANTIC HIGH SCHOOL CAREER ACADEMY: Approve Amendment No. 1 to the Interlocal Agreement and Multiple Party Agreement between the City, Palm Beach County School Board, Community Redevelopment Agency and the Chamber of Commerce for the Eagle's Nest Program at Atlantic High School Cazeer Academy (known as the Eagle's Nest Interlocal Agreement) providing an extension of time until June 30, 2008 to complete construction. 8_I. TERMINATE AGREEMENT/SOUND INVESTMENTS BY J.W. INC./PRO DVD MAKERS: Approve and authorize the City to terminate the agreement with Sound Investments by J.W., Inc. d/b/a Pro DVD Makers due to budgetary constraints. 8_J. AMENDMENT NO. 1/DOWNTOWN MARKETING COOPERATIVE AGREEMENT: Approve Amendment No. 1 to the Downtown Marketing Co-operative Agreement with the City, Community Redevelopment Agency, Downtown Development Authority, and the Chamber of Commerce to reduce the City's contribution and change the percentage the Downtown Marketing Cooperative (DMC), will pay the City for DMC events. 8_K. SUBGRANT HIGHWAY SAFETY FUNDS AWARD AGREEMENT/STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FDOT : Approve and authorize the Mayor to execute a Subgrant Highway Safety Funds Award Agreement with the State of Florida Department of Transportation (FDOT) for acceptance of a grant in the amount of $58,000.00 for the Child Passenger Safety Program. This is a 100% reimbursable federal grant award that does not require a local cash match. 8.L. SPECIAL EVENT REOUEST/HOWARD ALAN 19`" ANNUAL DOWNTOWN ART FESTIVAL: Approve a special event request for the 19` Annual Downtown Art Festival sponsored by Howard Alan Events, Ltd. to be held on January 19 and 20, 2008 from 10:00 a.m. to 5:00 p.m., granting a temporazy use permit per LDR Section 2.4.6(F) for use of City rights-of--way on Atlantic Avenue from the east side of N.E. 6`h Avenue to Bronson and the Gladiola lot (N.E. 6`h Avenue) for parking; authorize staff to apply for the FDOT street closure permit; authorize staff support for security and traffic control, barricading, EMS assistance, and permit an event sign to be erected on Atlantic Avenue just east of I-95 ten (10) days prior to the event with the sponsor paying all overtime costs. 8.M. ACCEPTANCE OF AN EASEMENT DEED/UNITED STOR-ALL CENTER (FKA DELRAY BEACH EXTRA CLOSET): Approve and accept a new 12-foot water easement deed at United Stor-All Center (FI{A Delray Beach Extra Closet) located at 14216 Military Trail. 8_N. ACCEPTANCE OF RIGHT-OF-WAY DEDICATION/MELLOW MUSHROOM: Approve and accept aright-of--way deed between the City and Mellow Mushroom located at 25 S.E. 6`h Avenue. -6- 11/06/07 8_O. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A.A. 8_P. FLORIDA DEPARTMENT OF ELDER AFFAIRS GRANT/MULTISERVICE SENIOR CENTER/THE DELRAY BEACH FAMILY RECREATION AND FITNESS CENTER: Approve a request to apply for a grant in the amount of $2,000,000.00 from the Florida Deparhnent of Elder Affairs for the construction of a Multiservice Senior Center at the Delray Beach Family Recreation and Fitness Center. 8~. ITEM 8.0.6. HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. 8.R AWARD OF BIDS AND CONTRACTS: 1. Bid award to multiple vendors for the purchase of road construction materials for the City via a Co-op Bid in an estimated annual cost of $350,000.00. Funding is available from various departments operating expense budgets and capital project accounts. 2. Purchase award to Bennett Fire Products Company, Inc. in the amount of $74,632.80 for the purchase of forty (40) sets of bunker gear which includes the jacket, trouser, suspender and boots for the Fire-Rescue Department. Funding is available from 001-2311- 522-52.22, 001-2313-522-52.22, 001-2315-526-52.22, and 001- 2317-522-52.22 (General Fund/Unifornts/Linen Services). 3. Purchase award to Otto Waste Systems in the amount of $60,000.00 for the purchase of hot stamped garbage carts with lids and wheels to be ordered as needed. Funding is available from 433-3711-534-49.35 (Sanitation Fund/Cart Renewal and Replacement). 4. Purchase award to Poolsure of South Florida in the amount of $56,750.00 for the purchase and delivery of Sodium Hypochlorite to four (4) locations in small quantities due to truck accessibility and Calcium Hypochlorite 3" PPG tablets. Funding is available from 441-5123-536-52.21 (Water/Sewer Fund/Chemicals). 5. Purchase award to PVS Technologies, Inc. in the amount of $210,000.00 for the purchase and delivery of liquid and dry Ferric Chloride for the Water Treatment Plant as needed for the remainder of 2007 through September 30, 2008. Funding is available from 441-5122-536-52.21 (Water/Sewer Fund/Chemicals). -7- 11/06/07 6. Purchase award to Praxair Inc. in an estimated cost of $60,000.00 for the purchase and delivery of Liquid Cazbon Dioxide (Co2) for the Water Treatment Plant from October 2007 through September 30, 2008. Funding is available from 441-5122-536.52.21 (Water/Sewer Fund/Chemicals). 7. Contract award to Briggs Golf Construction, Inc. in the amount of $96,780.00 for the reconstruction of the Pompey Pazk Major League Field No. 1 Project. Funding is available from 334-4127- 572-63.90 (General Construction Fund/Other Improvements). 8. Purchase award to Special Products Group in the amount of $31,115.55 for a weapons light system and to Precision Ammunition in the amount of $43,803.55 for the purchase of ammunition for the Delray Beach Police Department. Funding is available from 334-2111-521-52.20 (General Construction Fund/General Operating Supplies). 9. Purchase award to POM Incorporated in the amount of $93,492.50 for the purchase of 250 single head electronic parking meters and to Digital Payment Technologies in the amount of $159,553.05 for the purchase of 15 pay by space multi space pazking meters to be installed on-street and in the parking lots east of the Intracoastal Waterway. Funding is available from 334-3162-545-64.90 (General Construction Fund/Other Machinery/Equipment), pending budget transfer. Mr. McDuffie moved to approve the Agenda as amended, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A.A. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period October 15, 2007 through November 2, 2007. Mr. Eliopoulos declazed a conflict of interest regazding 8.Q.6. and stepped down from the dais. Mr. McDuffie moved to receive and file the report, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes. Said motion passed with a 4 to 0 vote. -8- 11/06/07 9.A.A.A. RESOLUTION NO. 63-07: Approve Resolution No. 63-07 appointing a Budget Task Force to review the City's budget and make recommendations regazding same. office.) The caption of Resolution No. 63-07 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPOINTING A BUDGET TASK FORCE TO REVIEW THE CITY'S BUDGET AND MAKE RECOMMENDATIONS REGARDING SAME; PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 63-07 is on file in the City Clerk's Mr. McDuffie inquired about a time certain and/or expiration. The City Attorney stated it is for six months from the date of the initial organizational meeting. Mr. McDuffie moved to approve Resolution No. 63-07, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 5 to 0 vote. 9.A.A.A.A. FIRST NIGHT BANNER PROJECT: Approve funding for supplies for the First Night Banner Art Project. Funding is not to exceed $3,500.00. Funding is available from the Public Arts Account. Mr. McDuffie stated one of the Agenda items this evening is to extend the contract period for the Old School Squaze completion and it will extend it beyond the time when these aze to be mounted and asked if there will be any problems. The City Manager stated staff does not anticipate any problems and commented it will be substantially complete and it will not interfere with this project. Mr. McDuffie moved to approve the First Night Banner Project, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 9_A. WAIVER REOUESTSBLOCK 69 OFFICE BUILDING: Consideration of waiver requests associated with the Class V Site Plan for 30 S.E. ls` Avenue (aka Block 69 Office Building), within the Old School Square Historic District located on the west side of S.E. 151 Avenue and between East Atlantic Avenue and S.E. 15` Street. (Quasi-Judicial Hearinp~ At this point, Mr. Eliopoulos declared a conflict of interest and stepped down from the dais. -9- 11/06/07 Mayor Ellis read into the record the City of Delray Beach procedures for a Quasi-Judicial Hearing for this item and all subsequent Quasi-Judicial items. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Ellis asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning project file #2007-266 into the record. Mr. Dorling stated the request before the Commission is three waivers; two of those to the site visibility triangles. The first waiver seeks approval of a site visibility triangle reduction from twenty feet (20') to five feet, six inches (5'6") where the parking backs out onto the east/west alleyway. The second waiver seeks approval of a sight visibility triangle reduction from twenty-feet (20') to sixteen feet, four inches (16'4") at the intersection of the alleyways, located at the southwest corner of the subject property. The third waiver seeks approval to reduce the required amount of "self park" spaces when utilizing pazking lifts from one hundred percent (100%) of the balance to seventy-three percent (73%) of the balance. Staff supports the three waivers and these waivers were supported with the initial site plan approval. Mike Covelli, Covelli Designs (Applicant), stated he is present for any questions the Commission may have. There was no cross-examination or rebuttal. Mayor Ellis stated if anyone from the public would like to speak in favor or in opposition of the waiver requests, to please come forward at this time. There being no one from the public who wished to address the Commission regazding the waiver requests, the public hearing was closed. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Fetzer moved to adopt the Board Order as presented, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Fetzer -Yes. Said motion passed with a 4 to 0 vote. 9_B. BLOCK 69 OFFICE BUILDING/PARKING FEE REQUEST: Consider a parking fee request from the Block 69 Office Building for the purchase of Four (4) public parking spaces at a cost of $72,000.00 to accommodate the construction of a three (3) story office building containing 7,325 square feet of office spaces located at 30 -10- 11/06/07 S.E. 1St Avenue. (Quasi-Judicial Hearin At this point, Mr. Eliopoulos declared a conflict of interest and stepped down from the dais. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Ellis asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Scott Aronson, Parking Management Specialist, stated this is a request for the purchase of four (4) public pazking fee spaces to accommodate the construction of a 3-story building containing 7,325 squaze feet of office space. The development is immediately adjacent to the Federspiel Pazking Garage on S.E. 1St Avenue. The public pazking fee is an in-lieu request for a new development when in proximity of public garages. It is a fee toward parking spaces which cannot be provided on-site and they are paid towazds either maintenance or construction of parking garages. In this case, it requires 25 spaces and they are using 5 lifts for ten of those spaces; four of the spaces that would be considered their self-pazk spaces are going to be via the public pazking fee spaces immediately adjacent to the property. The spaces aze $18,000 per space and the total payment is $72,000.00 and would be due upon issuance of the building permit. At its meeting of October 11, 2007, the Community Redevelopment Agency (CRA) unanimously recommended approval of the applicant's request; at its meeting of October 23, 2007, the Pazking Management Advisory Boazd (PMAB) recommended approval with a 7 to 2 vote (Mr. Cook and Mr. Denkler dissenting). Staff recommends approval of the applicant's request. Mike Covelli. Covelli Desi¢ns (Applicant), stated they concur with staff s recommendations. There was no cross-examination or rebuttal. Mayor Ellis stated if anyone from the public would like to speak in favor or in opposition of the parking fee request, to please come forwazd at this time. There being no one from the public who wished to address the Commission regazding the parking fee request, the public hearing was closed. Mr. McDuffie moved to adopt the Board Order as presented, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 4 to 0 vote. -11- 11/06/07 9.C. WAIVER REOUEST/MODERN CHIROPRACTIC: Consider a request from Modem Chiropractic for waiver of Land Development Regulations (LDR) Section 4.6.7(7)(2), "Off -Premise Signs", to allow tenant wall sign to extend into the sign azea of the adjacent bay, Saba Trucking. (Quasi-Judicial Hearing) At this point, Mr. Eliopoulos returned to the dais. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Ellis asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Lula Butler, Director of Community Improvement, stated this item is the consideration of a waiver to LDR Section 4.6.7(7)(2) of the Sign Code pursuant to a request and approval by the Site Plan Review and Appearance Board (SPRAB) for the tenant Modem Chiropractic located at 1060 South Federal Highway. Mrs. Butler stated Modern Chiropractic is located in Bay #102 in the Executive Quarters Plaza located at the comer of 10`h Street and Federal Highway. The bay is located in the corner of the L-shaped plaza and they are looking for a sign. Mrs. Butler stated the applicant's sign is actually going to encroach into the bay azea next door. The City's sign code states that all signs must be directly over the business' space they are occupying. She stated in this case it is impossible for this business to have a sign because of that. The business adjacent to this business is not allowed to have a sign due to the way the lease is structured. The management of the plaza has supported the increase in the sign size and allows this sign to occur. The Site Plan Review and Appearance Boazd (SPRAB) heard their hardship and supported them on a unanimous vote. Staff recommends approval of the waiver request to Section 4.6.7(7)(2) of the LDRs pursuant to findings governed under Section 2.4.7(B)(5) and as recommended by SPRAB. Mayor Ellis stated if anyone from the public would like to speak in favor or in opposition of the waiver request, to please come forwazd at this time. There being no one from the public who wished to address the Commission regarding the waiver request, the public hearing was closed. The applicant was not present. There was no cross-examination or rebuttal. The City Attorney briefly reviewed the Boazd Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). -12- 11/06/07 Mr. Eliopoulos moved to adopt the Board Order as presented, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes. Said motion passed with a 5 to 0 vote. 9.D. WAIVER REQUESTS/ALTA CONGRESS PROJECT: Consider two (2) waiver requests of Land Development Regulations (LDR) Section 4.7.9(c)(i), "Workforce Housing General Provisions", and Section 4.6.9(D)(4)(d), "Standard Aisle Width", associated with the Class V Site Plan application for the Alta Congress Project located on the west side of Congress Avenue approximately 1,620 feet south of Atlantic Avenue. (Quasi-Judicial Hearing) Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Ellis asked the Commission to disclose their ex parte communications. Mr. McDuffie stated he received a telephone call from a representative of the applicant. Mrs. Montague stated she had a meeting with Mr. Weiner and the applicant. Mayor Ellis stated she also had a meeting with Mr. Weiner and the applicant. Mr. Eliopoulos stated his firm actually did look at this site plan (conceptual plan) for this developer back in 2005 but there has been no further contact since. Mr. Fetzer stated he had no ex parte communications to disclose. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2007-255 into the record. Mr. Dorling stated this item is a request for two waivers; one from LDR Section 4.7.9(c)(i) and one from LDR Section 6.1.2(C)(3)(a). He stated LDR Section 4.7.9(c)(i) relates to the one bedroom units within the Congress Avenue Corridor Overlay District. Mr. Dorling stated the Code currently requires that no more than 30% or the total number of units in the project be one bedroom. This project will propose approximately 51% of one bedroom units and the rationale and the waiver support is a market study showing a need for a one bedroom unit particularly in proximity to the Tri- rail which was the emphasis for this site, the Overlay District and the increase in density. He stated the other waiver requires an access roadway width of 24 feet. Mr. Dorling stated both waivers went before the Site Plan Review and Appearance Board (SPRAB) and the Board supported the waiver on the one bedroom units; however, they did not support the waiver from 24 feet to 20 feet and staff did not recommend approval of that same waiver. Staff feels given that volume of traffic, 24 feet is more appropriate as required by Code. Michael Weiner, 102 North Swinton Avenue, Delray Beach (Attorney rearesentine the Aaalicanfl, stated there are two waivers before the Commission this evening and noted that experts are present to answer questions and a traffic engineer is present from Simmons and White to discuss traffic safety. He stated this project is the -13- 11/06/07 first of the MROC projects and will mean 91 workforce rental units being added to Delray Beach, Florida and is the first one coming through with respect to the new ordinance. Mr. Weiner stated the Planning and Zoning Board and Site Plan Review and Appearance Boazd (SPRAB) reviewed the waivers and there have been a number of different comments all of which have been resolved or on their way to being resolved. The first waiver has to do with one-bedroom aparhnents and the justification has to do with the fact that they aze less than 1,000 feet from the transit stop. Therefore, in this project, there would be a great number of one-bedroom unit uses and the kinds of people who will in fact be commuting in this fashion prefer and desire one bedrooms and the Boards have voted in favor of it. Mr. Weiner stated the City has a resolution that states the applicant has to meet the requirements of Section 2.4.7 and he believes by the other Boards recommending it and by the staff's approval of this, that in fact substantial competent evidence is met. The second waiver has to do with minimum drive aisles and he stated there was some confusion about this and he feels they received a negative vote at the SPRAB meeting because SPRAB identified it under a different ordinance and they thought it had to do with the interior of the garage and they thought it had to do with the fact that cars would be backing out. Mr. Weiner stated it does not have anything to do with the inside of the gazage but it has to do with the outside lane. He stated from the earlier site plan, it makes it look as if traffic is going all the way around. Mr. Weiner stated it is true that they are keeping a traffic lane open for emergency vehicles but this is not a through road. He stated all that happens is that it ends at this garage. He stated it is a median road and commented that most of the entries will in fact be at the major intersection which is the major ingress/egress which is to the north. The south itself is really just a secondary access and is not the major access. He stated it does not go anywhere except to go into the garage and the throat will be at 24 feet. Mr. Weiner stated what he is talking about is just a link between the garage itself and the throat and the reason they are asking for a waiver is because of the landscaping and the beautification (all of which were important to the MROC zoning) and to put in additional pavement is actually counter productive. Mr. Weiner stated alleyways can be 16 feet according to the ordinance but they are calling this an access roadway. He feels since they dead end into a garage they are much more similaz to an alley than they aze to an access way. Mr. Weiner stated they are not going down to the size of an alley but they are going down to 20 feet. He briefly discussed the narrowing of the width of this particular drive aisle they are not adversely affecting a neighboring area because there are no other neighbors and it just dead ends; they do not significantly diminish the provision of public facilities because this is not a public road, etc.; they do not create an unsafe situation; and, they do not result in the grant of a special privilege. Mr. Weiner stated in his reseazch he found that the City did this 11 other times for other projects. Carmelo Caratozzolo, Traffic Engineer (Simmons & White) briefly discussed the traffic study for this project and stated the narrowing of this roadway from 24 feet to 20 feet provides a constraint feeling for a motorist or a driver creating lower speeds. He stated they are creating a safer environment in this development. Mr. Weiner stated if they were to retain 24 feet they would have to start thinking about retaining walls, grade, removing trees and reiterated that the traffic -14- 11/06/07 engineer is talking about a safer situation because what we really want to do is to slow people down on a dead end street. He stated they will be slowing on their way into Congress Avenue and slowing in on their way into the gazage. Mr. Weiner stated they do not adversely affect the neighboring area and do not significantly diminish the provision of public facilities, do not create an unsafe situation, and it is not the grant of a special privilege. They think they meet the requirements of LDR Section 2.4.7. Therefore, Mr. Weiner stated the waiver should be granted. Mayor Ellis stated if anyone from the public would like to speak in favor or in opposition of the waiver requests, to please come forwazd at this time. Dr. Joseph Provenzano, 1921 S.W. 36~h Avenue. Delrav Beach, stated this is the first development of the MROC and he feels they should not receive any further waivers because the applicant is receiving a discount because they aze 1,000 feet away from Tri-Rail that they can put in 50 units per acre. He stated just because it says 50 units per acre if the acre cannot take it, it does not mean they have to get 50 units per acre. Dr. Provenzano stated once Office Depot comes up there will be more density and more traffic along Congress Avenue. He stated the Commission has written some nice rules and the rules are in place to maintain the quality of life for those who aze living in those places but feels if the City is increasing the density so that nobody wants to live in there, he does not feel this is fair. Dr. Provenzano stated he believes in workforce housing but he feels they should be given areas to live that they are proud to live in and areas we are proud to have them live in. He stated if the Code calls fora 24 foot road then he feels the City should put a 24 foot road in. Dr. Provenzano stated we aze not asking them to build in the City; they aze asking the City to build. There being no one else from the public who would like to address the Commission regazding the waiver requests, the public hearing was closed. There was no cross-examination. The following individuals gave brief rebuttals: Mr. Dorling stated Mr. Weiner stated that this is going to be a secondary entrance in his view. However, Mr. Weiner failed to mention that the County is relocating the signal to the south driveway. Mr. Dorling stated given that relocation, he does not feel that this will be a secondary ingress/egress to this garage. He stated anybody wishing to go north is going to utilize that light as well as some of those individuals traveling south. Mr. Dorling stated that none of those waivers mentioned by Mr. Weiner were waivers through an ingress and egress point to a 779 space garage. Mr. Weiner stated waivers aze different than variances. He noted that waivers are an important tool that waivers actually allow us to improve projects and that is why they exist and why the City has them. With respect to the particulaz light, he stated they actually welcome the light and that is the reason they did not narrow it at the throat and that there is three lanes. He stated if the City does improve it to make it 24 -15- 11/06/07 feet all you aze doing is adding to the sense of speed on the way into the gazage. Mr. Weiner stated since people will be driving into a gazage they can go 10/15 mph with respect to this and noted that the 20 feet assists them. Mr. Weiner stated they meet the four criteria and all he has to demonstrate by the additional waivers is that it is not a special privilege. Mrs. Montague stated she is looking at two site plans and noted that the roadway is going completely around the perimeter. She asked if staff's recommendation and SPRAB's recommendation is based on that site plan. Mrs. Montague asked the applicant why they are requesting a reduction to narrow this road from 24 feet to 20 feet. In response, Mr. Weiner stated MROC was passed with a substantial amount of buffering and a substantial amount of landscape requirements. Mrs. Montague confirmed with the applicant that they aze going to have 50.9% of the units and one bedroom units are going to be part of the project as opposed to the normal limitations of 30%. Mr. Weiner confirmed that this is correct. Mr. Eliopoulos asked if these ~azking spaces aze assigned. In response, Jay Jacobson of Wood Partners, 222 N.E. 8` Avenue, Delray Beach, stated what they typically do in a project of this nature is they assign one space per unit and additional spaces as people need them are rented based on availability. Mr. Jacobson stated the reason they developed the five level garage within the same height limitation of the four stories of apartments is that you circle around and you park on the level that your aparhnent is on. Mr. Eliopoulos commented about the retaining walls. Mr. Weiner stated everything indicates that if they went an additional four feet in order for the trees to grow properly with the grade and the retention they would have to construct some sort of retaining wall along the south border of this particular property. Mr. Weiner stated it would not be as attractive a solution but it is more impervious azea and the grading seems to be difficult with respect to that. Mr. McDuffie commented that the reasoning behind this is basically because it is a perimeter road exiting a lazge gazage and not an interior road. Mr. Dorling stated the reason for it is because the City's Code states that travel lanes will be 24 feet and this road will carry a lot of traffic. Therefore, Mr. Dorling stated staff did not see that it made any sense to support a reduction in that width. Mrs. Montague asked where the signal light will be located. Mr. Dorling stated the light will be right at the entryway. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Eliopoulos moved to adopt the Boazd Order as presented (approve the increase percentage of one-bedroom units but deny the reduction from the 24' the 20 ~, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. -16- 11/06/07 Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:23 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10_B. ORDINANCE NO. 45-07: An ordinance amending Section 37.45, "Supplemental Code Enforcement Procedures", Subsection (Q), "Civil Penalties", to provide for citations for noise violations of motor vehicles and motorcycles; amending Chapter 99, "Noise Control", by amending Section 99.02, "Definitions", to provide updated definitions; by amending Section 99.04, "Loud and Unnecessary Noises Enumerated; Exceptions", to change the name to "Loud and Raucous Noises Enumerated; Exemptions", by amending Subsection (A), "Certain Acts Declazed Unlawful", and (1)(a) and (14), "Motor Vehicles Operating On A Public Right-Of-Way", to add "Motorcycles", "Mufflers", and "Rapid Throttle Advance", in order to provide a cap for all motorcycle exhaust noise and require EPA noise labels. The caption of Ordinance No. 45-07 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 37.45, "SUPPLEMENTAL CODE ENFORCEMENT PROCEDURES", SUBSECTION (Q), "CIVIL PENALTIES", TO PROVIDE FOR CITATIONS FOR NOISE VIOLATIONS OF MOTOR VEHICLES AND MOTORCYCLES; AMENDING CHAPTER 99, "NOISE CONTROL", BY AMENDING SECTION 99.02, "DEFINITIONS", TO PROVIDE UPDATED DEFINITIONS; BY AMENDING SECTION 99.04, "LOUD AND UNNECESSARY NOISES ENUMERATED; EXEMPTIONS", TO CHANGE THE NAME TO "LOUD AND RAUCOUS NOISES ENUMERATED; EXEMPTIONS", BY AMENDING SUBSECTION (A), "CERTAIN ACTS DECLARED UNLAWFUL", (1)(a) AND (14), "MOTOR VEHICLES OPERATING ON A PUBLIC RIGHT-OF-WAY", TO ADD "MOTORCYCLES", "MUFFLERS", AND "RAPID THROTTLE ADVANCE", IN ORDER TO PROVIDE A CAP FOR ALL MOTORCYCLE EXHAUST NOISE AND REQUIRE EPA NOISE LABELS; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. -17- 11/06/07 (The official copy of Ordinance No. 45-07 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Ellis declared the public hearing open. Steve Sessa, 1210 North Olive Avenue. West Palm Beach ~presentina a large majority of the motorcvcle clubs in this community and also represents the Enforcers Motorcycle Club which is comarised of retired law enforcement officers and law enforcement officers) stated they aze here to uphold the State of Florida's laws. Mr. Sessa stated they respectfully disagree with this proposed amendment and feels that this is a problem that needs to be addressed as a community and resolve it in favor of everybody. He stated nobody wants a loud motorcycle or loud noise anywhere and noted this is a noise problem that can be resolved without legislation. Demetrios I{irkiles, Attorney, 1619 South Andrews Avenue, Fort Lauderdale, reuresents the Southeast Chanter of ABATE (American Bikers Aimed Toward Education) and also today also reuresents the Palm Beach Chapter of ABATE (American Bikers Aimed Toward Education), stated they have been in existence since 1974 across the country and the Florida organization has been in existence since the 1980's. He stated on Saturday they had a meeting of over thirty various organizations and motorcycle groups and as one voice they oppose this ordinance because the State of Florida has pre-empted it. He stated this ordinance violates Florida law and it will not stand in any litigation. Chuck Halberg, 4870 South Classical Boulevard, Delray Beach (lon¢- Advisory Board and the Chamber of Commerce), stated he is speaking as a private citizen and noted he is very disturbed at the City's reaction regarding motorcycles in the downtown area. Mr. Halberg stated Mayor Ellis has been quoted saying that she has received a flood of emails with complaints about the loud motorcycles and that is why this action to initially ban all motorcycles and now to intensify and complicate the noise ordinance was taken up. However, Mr. Halberg stated when he requested information regarding these complaints he was under-whelmed by the response. He stated he requested three times of the City Manager and the Mayor to see all the complaints under the public records act. He stated he received an email from the City Manager stating that he does not remember much except a complaint from the Colony Hotel a few yeazs ago. Mr. Halberg stated he received a package from staff consisting of the Colony Hotel complaint from 2002, one other complaint from 2002, and some follow-up documentation from the Police Department (a poster from 2002 and reports indicating that the problem was not as prevalent as thought and seems to occur primarily during the initial start of the motorcycle). Mr. Halberg asked if these complaints exist and if so why -18- 11/06/07 are they being kept out of the Sunshine. He stated as a resident he is bothered by the time and expense being put forth by this ordinance and questions the motives that brought this action forwazd. Mr. Halberg encouraged the Commission to involve the recreational motorcycle community in a town meeting to discuss how people can help with this education process. He stated Florida State Statute 316.272 and the City's current noise ordinance are already enforced and works well in other cities. Mr. Halberg urged the Commission to enforce and educate on these before taking any further action. Robert Cannon, 330 Ross Drive, Delrav Beach (a citizen, resident and homeowner of Delrav Beach), stated he is member of a motorcycle club and is a nurse who works at Delray Medical Center in the cazdiac unit. He stated he pays City taxes and pays taxes to license his motorcycle which averages between 20-40 miles to the gallon whereas his wife's Durango averages 13.8 miles to the gallon. Mr. Cannon commented that Atlantic Avenue is a Florida State road and suggested that the City of Delray Beach do like they do on Bourbon Street in New Orleans and close down at night the entire section of Atlantic Avenue to pedestrian traffic. He stated then he would have no complaint because as a motorcycle enthusiast he would not be singled out. He stated there is almost no pazking for motorcycles in downtown Delray and suggested that there be reserved spots for motorcyclists only in the City pazking lots and then motorcyclists would not be starting their bikes up in front of restaurants because that is the only place they can find to park. Bud Aubrev, 22973 Sandlefoot Boulevard, Boca Ratou, stated during the October 16, 2007 City Commission Meeting it was brought to the City Commission to give the motorcyclists time to review things that were going on and asked for their help. Mr. Aubrey stated the motorcyclists were willing to do that and noted that on several occasions he and other members had tried to make contact with the Commission but received no response. He urged the Commission to give the motorcyclists access to them because they are trying everything on their end to help rectify the problem that exists: Mr. Aubrey stated this is not only a motorcycle problem but it is also a noise problem. He stated he is uncleaz since the beginning about what exactly started this problem and then those individuals who aze retying their pipes, etc. are going to be responsible for their own actions if the current ordinance is enforced. Mr. Aubrey stated you cannot take a whole segment of people and say you have to have an EPA sticker on your exhaust system when motorcycles two years ago did not have those stickers on them even though they aze stocked right from the factory. In his opinion, Mr. Aubrey stated this is not a motorcycle problem but it is becoming a people problem and he feels that the City does not want the motorcyclist here. He stated if this is the case then he would like to get with his legal counsel and meet with the Commission and take it from there. Emery Soder, Leeislative Affairs Specialist in the Government in Pickerineton, Ohio, urged the City Commission to not adopt this ordinance and stated the AMA opposes the Ordinance No. 45-07 for the same reasons heazd this evening and noted advancing this ordinance is in conflict with Florida Statutes and does not provide motorcyclists uniformity of traffic laws throughout the State. It further calls for -19- 11/06/07 restrictions for motorcycle equipment that aze not authorized by Statute. Mr. Soder stated at the meeting of October 16, 2007 for first reading of this ordinance the City Commission called for assistance from the motorcycling community in resolving an excessive noise situation on Atlantic Avenue. He stated judging by the response the Commission received and many email messages, letters, and telephone calls especially from the crowd present this evening; and on October 16a' ,many people are willing to work with the Dekay Beach City Commission and its leaders to address this issue. He requested that the Commission provide the riding community the opportunity to meet directly with them as soon as practical to begin these discussions. Mr. Soder stated he met with Mayor Ellis this morning and provided information regazding the riding community and its passions for motorcycling. Mr. Soder stated Florida has the third largest number of registered motorcycles in the United States and its year-round riding season is a tourist magnet for riders. He stated Bike Week and Biketober Fest are huge gatherings but many other events including charity runs draw local riders from all walks of life to shaze their passions. He stated as the business and residents should welcome riders, they should, want, and deserve the same opportunities and benefits as everyone else. Mr. Soder read into the record a section in the US Code that grants equal access to motorcycles (Title 23, Chapter 1, and Section 102 called Program Efficiencies). Mr. Soder urged the Commission to not adopt Ordinance No. 45-07. Dr. Edward N. Szeruu, 11960 N.W. 26`n Street. Plantation Acres, Florida (retired physician for the City of New Yorkl read his credentials into the record, has been riding motorcycles for over 60 yeazs, member of the American Motorcyclist Association for 50 yeazs and now State of Florida AMA Congress Field Representative Chief Instructor for the Motorcycle Safety Foundation. He expressed the following concems: (1) the City cannot be selective of the human rights specifically motorcyclists; (2) under Florida Law Title 23, Chapter 316 part ten amongst others the provisions of this Section shall be applicable and uniform throughout the State and all subdivisions and municipalities therein and no local authority shall enact or enforce any ordinance on a matter covered by this section, (3) a 90 day study is not adequate and recommends that there be an 18 month study not just for motorcycles but for other motor vehicles, (4) he does not believe that this is a noise issue but rather that the City would prefer not to have motorcycles on the street, (5) the Commission would better serve the public by working within the motorcycle community. Mr. Szerup read a quote into the record from a famous Roman philosopher from 106 B.C. to 43 B.C. Josh Bressler, resident of Delray Beach, stated he and his fiancee aze Attorneys and riders by recreation, active members of the community, fans of fine food and devoted patrons of the restaurants and shops on Atlantic Avenue. He stated the noise issue has concerned the City for some time and about a year ago the Police Department had a campaign to try to raise awareness to address these concerns. Mr. Bressler stated this is not a motorcycle issue but is a community issue which requires some common sense and cooperation to resolve. Mr. Bressler urged the Commission to not rush to pass an ordinance that may be invalid under Florida State law and feels it will put the City down a path that is not the best fit solution for this issue. He pledged his personal time and support to help come to a resolution. -20- 11/06/07 Greg Barkoff, resident of Boca Raton and member of a motorcvcle club in Fort Lauderdale, concurs with the majority of comments expressed this evening. He stated this time of the yeaz the weather is beautiful and feels that motorcyclists should be able to ride a motorcycle down Atlantic Avenue to go to a restaurant for dinner, a coffee shop, or to Elwood's. Mr. Barkoff stated sometimes the motorcyclists have benefit runs through the motorcycle club (i.e. Toys for Tots, etc.). He stated they use restaurants in the Palm Beach County area along with the Broward County area to raise money for Joe DiMaggio's Children's Hospital. Mr. Barkoff stated he would hate to see something that could raise a lot of money get down played because of a few bad apples to ruin it for everyone else. He stated at the October 16, 2007 City Commission Meeting the Police Chief noted that he would have police patrol to go ahead and issue tickets to the people who are violating the noise ordinance. Mr. Barkoff stated he feels this would be enough enforcement and does not support lawsuits going back and forth. Claude Ford, resident of Lake Worth and with ABATE (American Bikers Aiming Towards Education) of Lake Worth, stated if the Attorney General is reviewing this ordinance he believes the Commission should vote this ordinance down. Edward Koeni¢, 3181 Grove Road, Palm Beach Gardens, stated there aze many veterans and service men that have defended this country that enjoy riding their bikes. He stated they patronize the restaurants and the entire City. Mr. Koenig stated he does not feel that it would be right to restrict the motorcyclists from riding on Atlantic Avenue. Michael Haar, 3625 Diane Drive. Boynton Beach, stated there were several other issues that would have been solved very easily if people rode motorcycles (i.e. multiple pazking issues, easements). He stated he does not own a car and feels the City will be restricting him by setting something in place. Mr. Haar commented that this ordinance is being reviewed at other levels throughout the State and he urged the City to take a good look at this and follow their wisdom and judgment. Steve Sessa thanked the Commission For the opportunity to address them this evening. Mr. Sessa stated they have heard the Commission and he hopes the Commission has heazd them. Mr. McDuffie stated he heard comments from people about being totally banned from our City. The City Attorney explained that this ordinance does not have that prohibition in it. Mr. ICirkiles stated he disagrees because they aze addressing Chapter 316 that means the second you address motor vehicles the same issues arise whether the City is banning motorcycles or addressing motorcycles they are revoking Chapter 316. Mr. McDuffie stated the ordinance is a three decibel difference and it does not ban motorcycles. He stated he would like to make sure that we are having equal protection under the law for everyone that comes through the City and would like staff to -21- 11/06/07 review the differences between the legislation that the motorcyclists' attorney quotes and what is in the City's ordinance and find out what the prevailing legislation is today. The City Attorney stated there is a differential with the Federal EPA Regulations and the State Statute. Mr. Fetzer apologized for being out of town for several weeks and stated there were comments made about problems with accessibility to the Commission. He stated he tries to be accessible. Mr. Fetzer stated he watched the video streaming of the meetings he missed and was encouraged by the action of the Commission to not follow through with the option of the ordinance that would have a ban on motorcycles on Atlantic Avenue. Mr. Fetzer stated he does not believe that would have been the right decision. Mr. Fetzer stated it was passed on first reading to proceed with Option #1; however, particularly because of some of the additional legal information raised this evening he feels it would be premature to go ahead with the legislative decision with this at this point. He agrees with the Commission that the City do a survey and feels we need to work together to determine what the problem is and to determine if we need a legislative solution. Mr. Fetzer stated he agrees with an email the City Manager sent to the Police Chief that the survey needs to address not just motorcycle noise but all noise in the downtown area. Mr. Fetzer stated the City needs to get a handle on what the problem is before any additional ordinances are passed. Mrs. Montague asked the Police Chief to give the Commission a summary of his memorandum in terms of enforcement. Chief Schroeder stated the memorandum was the Police Department's plan should the Commission enact the ordinance as proposed tonight. He stated it basically outlines the survey and staff talked to Marjorie Ferrer with the Downtown Marketing Collaborative who would be able to do the survey for the City. Chief Schroeder stated during that time there would be an educational component, an enforcement component, and after April staff suggested that this be looked at again to see whether or not there was an improvement, and from there we could figure out which way to go. Mrs. Montague stated without approval of the ordinance what would the options be over the next 3-6 months. In response, Chief Schroeder stated enforcement of the State law under the current provisions and City ordinance under the current provisions. Mrs. Montague asked how this will work and would this be effective. Chief Schroeder stated enforcement will be problematic; however, with the current laws in place the Police Department can see if they can make improvements to the situation while the Commission and motorcycle groups work toward a different solution. Mrs. Montague inquired about the survey period. Chief Schroeder stated his proposal on the survey was based on the first proposal about consideration of banning motorcycles on Atlantic Avenue. He stated instead of banning motorcycles outright he suggested that a survey be done which can be completed in approximately one week. Chief Schroeder stated there is an evaluation period of 3-5 months and whatever actions that we take during that time can either improve or make worse the situation as we -22- 11/06/07 currently have it. Chief Schroeder stated the survey and the evaluation period were suggested as an alternative to going to the ban. Mrs. Montague stated the Commission has been accessible and have used point persons at this point. She stated it is very difficult when you have five people going in five different directions. She stated they have to come together as a Commission and make a decision of how they are going to move forward and at that point they can contact people and communicate through the City Attorney. Mrs. Montague inquired about the EPA sticker. Chief Schroeder deferred this question to the City Attorney. The City Attorney stated the reference in the ordinance is to subpart "D" which is the Federal Noise Emissions Standazds for Motorcycles -Noise Emissions Standards and it states: "street motorcycles of the following and subsequent model yeazs must not produce emissions in excess of the levels indicated." The City Attorney stated it is model year after 1982 - 83 decibels and then after 1985 - 80 decibels. The City Attorney stated this is one of the subparts referenced in the Statute and part of that sets forth the labeling requirements for manufacturers so that someone can look at the label and determine whether it met the noise and other emission standards. She stated this gives another way for someone to look at the bike and say you did not have the sticker and thus it probably does not meet the emission or the decibel levels and noted other cities do this. She stated this was originally another enforcement tool. Mayor Ellis reminded the Commission that this is a noise control ordinance and does address the noise in the downtown area. Mr. Eliopoulos stated he does not have an issue with motorcycles in town it is just about being respectful. He concurs with Commissioner McDuffie and Commissioner Fetzer to see how the survey works and see where the City is with regards to the State Statutes. Mr. Eliopoulos would like to keep reviewing this and get this resolved. Mr. McDuffie stated he would like to resolve this. Mrs. Montague asked Chief Schroeder what he sees happening within the next 3-6 months in terms of enforcement with the ordinance the City presently has. Mrs. Montague stated the City has a noise ordinance that does not only refer to motorcycles it is also a noise ordinance and noted that there is a problem with noise in downtown Delray Beach and the City has invested millions of dollazs in downtown which is growing. Mrs. Montague stated the City has to figure out how to make sure that the quality of life issues that we have been addressing all this time can continue to uphold. Mrs. Montague stated she would like the Commission to come to a decision collectively as to how the City should move forward with this noise ordinance to make it effective without hurting anyone in particular. She stated she would like to see the City do whatever is necessary to make sure that the people who come to downtown Delray Beach have a positive experience. Chief Schroeder stated if the Commission does not enact the ordinance this -23- 11/06/07 evening, then the Police Department can go through a period of time of concerted attention and focus attention into the downtown area in regazds to all noise violations that occur there. Mayor Ellis gave direction to have staff look at this again in a period of time that everyone would be comfortable with. Mr. Fetzer suggested that the Commission place this item on a Workshop Meeting after the survey and evaluation has been performed. Police Chief Schroeder suggested looking at this again in April. Mr. Eliopoulos stated he would like to see this resolved quicker than April. The Police Chief stated the Police Department will keep the City Manager informed of their activities and outcomes on a weekly or monthly basis. Mrs. Montague stated she and Chief Schroeder discussed utilizing the services of ABATE (American Bikers Aimed Toward Education) and the AMA (American Motorcyclist Association) and their local leadership. She asked Chief Schroeder to meet with them to get that information disseminated amongst the motorcycle community along with the City Attorney. Mrs. Montague commented about Representative Maria Sachs and the fact that she was looking into the legislature in Tallahassee and asked the City Attorney to follow up to see where she is on that. Mr. McDuffie moved to table and direct the City Attorney to compaze this ordinance against prevailing legislation and find which is the prevailing legislation; and, to determine whether or not any additional legislation or ordinances are required and/or enforce the ones that aze enforced in the State of Florida today; and that this item be placed on a Workshop Meeting after the evaluation period (approximately April 1, 2007), seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos - Yes. Said motion passed with a 5 to 0 vote. 10_A. ORDINANCE NO. 46-07 (SECOND READING/SECOND PUBLIC HEARINGI: Consideration of a rezoning request to allow a modification of the Blood's Grove Special Activities District (S.A.D.), Zoning Ordinance No. 51-95, in conjunction with a new mixed-use development known as Midtown Delray containing 116 townhouse units (of which 32 units are subject to the family workforce housing ordinance) and 29,571 square feet of medical offices to be located at the southwest corner of Linton Boulevard and Old Germantown Road (4600 Linton Boulevard). (Quasi-Judicial Hearin The caption of Ordinance No. 46-07 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, -24- 11/06/07 AMENDING SECTION 4.4.25(G), "S.A.D.s," TO ADD SUBSECTION (9) MIDTOWN DELRAY TO THE LIST OF APPROVED S.A.Ds; AMENDING ORDINANCE NO. 51-95 BY REPEALING SECTIONS RELATED TO THE BLOOD'S COMMERCIAL PROJECT MASTER PLAN AND PROVIDING FOR REVISED REGULATIONS GOVERNING THIS SPECIAL ACTIVITIES DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTNE DATE. office.) (The official copy of Ordinance No. 46-07 is on file in the City Clerk's 10.A.1. SITE PLAN REVIEW AND APPEARANCE BOARD ACTIONS/MIDTOWN DELRAY: Recommend approval with conditions (4 to 2), Andrew Youngross and Jose Aguila dissenting), of a Class V site plan, landscape plan and architectural elevations associated with the construction of a 116-unit townhouse development (of which 32 units are subject to the family workforce housing ordinance) and 29,571 square feet of medical offices for Midtown Delray, located at 4600 Linton Boulevard). The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Attorney stated staff moved from the Consent Agenda the approval of the Site Plan Review and Appearance for the Commission's consideration at this time. This ordinance amendment dealing with S.A.D.'s (Special Activities Districts) has with it a site plan and in Section 6 of this ordinance it states "that the development of the properties described shall be in accordance with the site and development plan known as Midtown Delray approved by the Site Plan Review and Appearance Board (SPRAB)." The City Attorney stated the under the City's Land Development Regulations (LDR's) the City Commission can appeal any decision by the Site Plan Review and Appearance Board as to any site plan. Therefore, the City Attorney stated we want to preserve that ability of the City Commission to make that determination whether they want to appeal the site plan or not at this time. If the Commission does want to appeal the site plan, then the processes require that the City set up another meeting for the applicant to be prepared to deal and City staff to deal with the appeal. The City Attorney stated if this does happen the second reading of this ordinance would have to be postponed until that same meeting as well. The City Attorney clarified that the Site Plan Review and Appearance Board adopted the motion presented by staff which was an approval and that is an error in the backup material. The City Attorney stated it was approved. Mr. McDuffie commented that it was approved with 26 conditions (many of these conditions have already been met). -25- 11/06/07 The City Attorney stated if the Commission thinks they may have issues with either the conditions or the site plan itself, then they would want to preserve their right to appeal it and it would be scheduled at the next regular meeting so that all parties know what procedure is being followed and the second reading would have to be postponed until that time as well. If, however, the Commission feels there is not an issue with the site plan and they do not want to appeal it, then the Commission can go forward with the second reading on this rezoning and then there will be waivers after that. Mr. Eliopoulos stated he had the opportunity to see one of the latest revisions from the applicant and spoke to the City Attorney about some of the issues that came up. He stated the one thing that stood out to him was the workforce housing. Mr. Eliopoulos stated he called the State today and they confirmed the following: when you aze dealing with apartment workforce housing they do prefer the entire workforce housing to be within one building. He stated when it comes to fee simple townhouses they can be a "scattered plan" and scattered throughout the site. Mr. Eliopoulos stated based on that he would not be able to vote on this just with that one element. Mr. Eliopoulos stated he does not want to see the workforce housing units isolated in one area. He stated there have been hundreds of emails with regazd to circulation. Mr. Fetzer commented about the issue of the second entrance on Linton Boulevard and asked if they would have to receive County approval to do that. In response, Mr. Dorling stated it is a County road and it would require County approval. Mr. Dorling stated he talked with Dan Weisberg of the traffic division about the County's position on it and he did not rule it out but had some concerns that it would tend to force a movement of anybody wanting to go west to cross three lanes in a very short distance. Mr. McDuffie asked if they would consider a right turn only. Mr. Dorling stated it would be a right tum in and out only but as you aze turning right out and if you want to go west there is maybe the propensity to cross three lanes to get into a turn lane which would have to be provided for a left turn U-turn at that intersection. Mr. Dorling stated Mr. Weisberg felt that the benefit would be minimal to provide that additional access. Mr. Eliopoulos stated the Commission received many emails with regards to ADA workforce housing and commented that he contacted not only the State but he contacted the gentleman who wrote the ADA Handbook of Florida along with Washington with regards to projects where you receive federal grants. Mr. Eliopoulos stated with the $5 million that this applicant is receiving there is no requirement for ADA requirements. He stated when dealing with townhouses the only time ADA comes into place is when you introduce an elevator. Mr. Eliopoulos stated this project is not required to meet that and is not dependent on the $5 million the applicant is seeking. The City Attorney stated at this point the Commission does not have to get into the total merits of the site plan but they need to discuss if there aze issues that they feel they may want to appeal or not. -26- 11/06/07 Mr. McDuffie stated from conversations with the applicant and the applicant's attorney is that the site plan as of right now would differ from the one the Commission has right now and that they have made changes to the site plan to accommodate some of the conditions that are specified by SPRAB. The City Attorney stated this ordinance would adopt a site plan as approved by SPRAB subject to the conditions approved by SPRAB. Mayor Ellis asked if the Commission can add a condition. The City Attorney stated if the Commission does an appeal then they could add a condition. Mr. Fetzer asked if the Commission appeals the site plan, can they act on the second reading ordinance at the same time and continue with a quasi judicial hearing at that point. Prior to the vote, Mr. Eliopoulos suggested to keep open communication and stated there have to be options out there so we can handle this traffic issue better. Mayor Ellis asked if a traffic study has been done. In response, Mr. Dorling stated there has been 4 or 5 traffic studies done since the Commission's last meeting and staff had them adjust the distribution of traffic to be what staff feels is more realistic and then staff had them analyze the intersection of Homewood Boulevard and Germantown Road to make sure that the additional traffic that was distributed did not impact that intersection. Mr. Dorling stated staff also had them an intersection analysis of the park access road and Germantown Road. They had previously done an intersection analysis of Germantown Road and Linton Boulevard just north of that site as well as another study that they had revised. Mayor Ellis stated the Commission would want this information. Mr. McDuffie stated the final study contained in the Weiner and Aronson document was hand delivered to the Commission. Mr. Dorling stated this is the latest and includes the intersection analysis of the park access road and Germantown Road which is not required but staff wanted to cover all basis. Mr. Dorling stated he cannot think of any other scenario the City needs to analyze at this point. Mrs. Montague asked the Commission if they aze looking to have Mr. Dorling look at both the commercial ingress/egress component as well as residential. Mr. Eliopoulos stated he would like to see this as an option. Mr. Dorling stated there maybe some options to provide cross access between the uses and the discussions at the County centered around the fact that they would be very concerned if the primary access was limited to Linton Boulevazd and they would only be supportive if that was a secondary access provided. _27_ 11/06/07 Mr. Fetzer moved to postpone the appeal as well as Ordinance No. 46-07 to a date certain of November 20, 2007 at 7:00 p.m., seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 10.C. ORDINANCE NO. 53-07 (FIRST READING/FIRST PUBLIC HEARINGI: Privately initiated amendment to the Land Development Regulations Section 4.4.13, "Central Business District (CBD)," Subsection 4.4.13(D), "Conditional Uses and Structures Allowed," and Subsection 4.4.13(H), "Special Regulations," Article 4.3 "District Regulations, General Provisions," Subsection 4.3.3, "Special Requirements for Specific Uses," and to add automobile boutique as a conditional use subject to the provisions of Section 4.3.3, "Special Requirements for Specific Uses", and Appendix "A" Definitions to add automobile boutique as a conditional use in the Central Business District. If passed, a second public hearing will be scheduled for November 20, 2007. The caption of Ordinance No. 53-07 is as follows: office.) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES", BY ENACTING SUBSECTION 4.3.3 (ZZZ), "AUTOMOBILE BOUTIQUE", AMENDING SECTION 4.4.13, "CENTRAL BUSINESS DISTRICT (CBD)", SUBSECTIONS 4.4.13(D), "CONDITIONAL USES AND STRUCTURES ALLOWED" AND 4.4.13(H), "SPECIAL REGULATIONS"; AMENDING APPENDIX A DEFINITIONS; TO ADD AUTOMOBILE BOUTIQUES AS A CONDITIONAL USE IN THE CENTRAL BUSINESS DISTRICT WITH SPECIFIC REQUIREMENTS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTNE DATE. (The official copy of Ordinance No. 53-07 is on file in the City Clerk's The City Attorney stated Ordinance No. 53-07 that deals with the automobile boutique use and is a privately initiated rezoning and there has been a withdrawal of this ordinance. The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. -28- 11/06/07 Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance no. 53-07, the public hearing was closed. Mr. McDuffie moved to approve Ordinance No. 53-07 on First Reading/First Public Hearing, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mrs. Montague - No; Mayor Ellis - No; Mr. Eliopoulos - No; Mr. Fetzer - No; Mr. McDuffie - No. Said motion was DENIED with a 5 to 0 vote. 10_D. ORDINANCE NO. 51-07: An ordinance amending Chapter 92, "Boats and Boating", by amending Section 92.33, "Dockage Rate", of the Code of Ordinances to clarify the dockage rate chazged for the City Marina. The caption of Ordinance No. 51-07 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 92, "BOATS AND BOATING", BY AMENDING SECTION 92.33, "DOCKAGE RATES", TO CLARIFY THE DOCKAGE RATE CHARGED; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTNE DATE. (The official copy of Ordinance No. 51-07 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Brian Shutt, Assistant City Attorney, stated this ordinance clarifies the existing ordinance by setting the dockage rate and by setting a minimum dockage rate. Mayor Ellis declazed the public hearing open. There being no one from the public who wished to address the Commission, the public hearing was closed. Mr. Fetzer moved to adopt Ordinance No. 51-07 on Second and Final Reading, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items. -29- 11/06/07 11.A. Citv Manager's response to prior public comments and inquiries. The City Manager had no response to prior public comments and inquiries. 11.B. From the Public. 11.B.1. Mark Fields, 414 Seasage Drive #5, Delrav Beach, feels there is professional and political nepotism going on in the City. Mr. Fields stated one of the Commissioners nominated him to sit on the Historic Preservation Boazd and four Commissioners made no response to the motion. He stated a second nomination was made and a third nomination was made. Mr. Fields stated because there aze so many issues with historic preservation and because in his opinion we aze wasting time and money, he suggested disbanding the historic districts and turning them all into half-way houses and rehabilitation facilities. He stated this would kill two birds with one stone. He commented about issues with the rehabilitation facilities throughout the City. Mr. Fields commented about condos across the street from where he lived last year and noted it was like a CVS pharmacy and the problem was rectified over the summer. Mr. Fields stated he has nothing against people wanting to get sober and thinks it is great if someone wants to better their life. However, he stated this is a serious issue and feels it is related to crime. Mr. Fields stated he belongs to the gym on 2"d Avenue and there were problems with vehicle break-ins and signs were posted everywhere. He stated as soon as the Crossroads Club was closed down the break-ins pretty much ended. Mr. Fields also commented about the break-ins on the beach and stated it is to the point where the criminals are dressing up like women to walk down the sidewalk to take a crowbaz to bust out a car window and take whatever is available to sell. Mr. Fields stated Delray Beach is the number one place to come for rehabilitation and is considered the Mecca for rehab. He suggested that the City address how many rehabilitation facilities and drug treatment facilities there are in Delray Beach. Lastly, Mr. Fields commented about dogs on the beach and noted that animals were never allowed east of the curb. He stated he cannot ride his bike because people spit at him, verbally abuse him and dogs attempt to bite him. Mr. Fields stated the ordinance was changed and he urged the Commission to go back and revisit the ordinance. He suggested that the City enforce the ordinance and allow people a designated area on the north end of the beach for the dogs as the ordinance is currently written. However, Mr. Fields stated although people agreed to police themselves and cleanup after their pets and not let them run with leashes, etc., they aze not abiding by the ordinance. 11.B.2. David Hawke, 121 Heather Lane, Delrav Beach, stated he wrote the City Manager approximately a week ago informing the City that the Code Enforcement Boazd lost one of its members over the summer and the Board is trying to put a memorial -30- 11/06/07 bench at the Fire Department for Glenn Schuster. Mr. Hawke stated Mr. Schuster contributed to the 911 rescue and sat on the Code Enforcement Board for approximately 1 yeaz to 1 1/2 years. Mr. Shuster accidentally passed away because of injuries from 911 as well as from life long diabetes. Mr. Hawke stated the Board raised $350.00 and is requesting additional matching funds for $350.00 from the City of Delray Beach so that the Boazd can give Glenn a bench in front of the Fire-Rescue Department. Mr. Hawke is requesting the City's assistance otherwise the Board members have to each come up with $100.00 for the bench. He stated the Fire-Rescue Department has approved its location. Mr. Fetzer asked what the total cost of the bench would be. Mr. Hawke stated the total cost of the bench is $700.00. It was the consensus of the Commission to personally split the cost equally for the bench. At this point, the time being 9:07 p.m., the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12_A. ORDINANCE NO. 52-07: Consideration of a rezoning from R-1-A (Single Family Residential) to CF (Community Facilities) for 345 N.E. 5`h Avenue to accommodate offices associated with the Achievement Centers for Children and Families, located at 555 N.E. 4th Street. If passed, a second public hearing will be scheduled for November 20, 2007. The caption of Ordinance No. 52-07 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-1-A (SINGLE FAMILY RESIDENTIAL) DISTRICT TO CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING A PARCEL LOCATED AT THE SOUTHEAST CORNER OF NW 5TH AVENUE AND NW 4TH 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 EFFECTNE DATE. (The official copy of Ordinance No. 52-07 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Paul Dorling, Director of Planning and Zoning, stated this property is located on the east side of N.W. 5`h Avenue, just south of Lake Ida Road. He stated it is -31- 11/06/07 across the street from the existing Achievement Centers for Children and Families. The site has 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. Mr. Dorling stated the child caze facility wishes to expand and provide some office space for three of its senior employees and therefore they are seeking this rezoning to CF which is consistent with zoning on the primary parcel. At its meeting of October 15, 2007, the Planning and Zoning Boazd recommended approval of the request of the rezoning from R-1-A (Single Family Residential) to CF (Community Facilities). Formal public notice was provided to property owners within a 500 foot radius of the subject property. Neighborhood residents expressed concern about this having an impact on their properties. Staff assured them that this is a privately initiated amendment and that the rezoning would only affect the subject property at 345 N.W. 5~' Avenue. At its meeting of October 11, 2007, the Community Redevelopment Agency (CRA) reviewed the proposal and recommended approval. Mrs. Montague moved to approve Ordinance No. 52-07 on FIRST Reading, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 5 to 0 vote. 12_B. ORDINANCE NO. 54-07: City initiated rezoning from R-1-A (Single Family Residential) District to RM (Medium Density Residential) District for approximately 3.9 acres, located a''/x block on either side of S.W. 12`h Avenue, between S.W. 2"a Street and S.W. 3`d Street. If passed, a second public hearing will be scheduled for November 20, 2007. office.) The caption of Ordinance No. 54-07 is as follows: 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 (MEDNM DENSITY RESIDENTIAL) DISTRICT; SAID LAND LOCATED ON THE EAST AND WEST SIDES OF SW 12Tx AVENUE, BETWEEN SW 2ND STREET AND SW 3RD 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 EFFECTNE DATE. (The official copy of Ordinance No. 54-07 is on file in the City Clerk's The City Attorney read the caption of the ordinance. -32- 11/06/07 Paul Dorling, Director of Planning and Zoning, stated this rezoning includes 24 lots totaling 3.9 acres located '/x block east and west of S.W. 12`h Avenue, between S.W. 2"d Street and S.W. 3`d Street. This action is in conjunction with a Future Land Use Map (FLUM) Amendment for the property from LD (Low Density Residential 0-5 du/ac) to MD (Medium Density Residential 5-12 du/ac). The FLUM Amendment includes as part of Comprehensive Plan Amendment 2007-2 and will be considered for adoption at the next City Commission meeting. Mr. Dorling stated this is part of a proposed private sector redevelopment initiative for Carver Estates and Auburn Trace further south and this is being sought to provide assistance to clean up the S.W. Avenue corridor which will be the entrance roadway to the redevelopment south of it. Mr. Dorling stated this is a challenged piece of property because the majority of these lots are duplexes in need of repair and under the current zoning of R-1-A. The only thing that can be re-built on them is single family homes. Therefore, he stated this is not an azea that is right for redevelopment without an initiative like this which would allow some greater densities. Also, the two blocks north of this on 12`h Avenue are pazt of the Southwest Neighborhood Plan which did allow up to 24 units to the acre in the RM (Multiple Family Residential -Medium Density) and that redevelopment potential is being extended to this parcel to help with the overall redevelopment. At its meeting of July 12, 2007, the Community Redevelopment Agency (CRA) reviewed the proposal and recommended approval. At its meeting of July 16, 2007, the Planning and Zoning Boazd voted 4 to 0 (Glickstein, Perez-Azua and Pike absent) to recommend approval. Mr. Eliopoulos moved to approve Ordinance No. 54-07 on First Reading, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos - Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 9:13 p.m., the Commission moved to back to Item 9.E. of the Regulaz Agenda. 9_E. BID AWARD/WEST CONSTRUCTION, INC.: Consider approval of a bid awazd to second lowest bidder, West Construction, Inc., in the amount of $2,392,275.00 for the construction of Fire Station No. 4. Funding is available from 334- 6112-522-62.88 (General Construction Fund/Fire Station No. 4). Richazd Hasko, Director of Environmental Services, stated this is a recommendation for a bid awazd for the reconstruction of Fire Station No. 4 within the Barwick Park azea at Barwick Road and Lake Ida Road. Staff bid this project on September 11, 2007 and there were ten bidders. The bids ranged from $2.6 million to $3.4 million. Mr. Hasko stated the lowest apparent bidder was Ocean Gate General Contractors with a bid amount of $2,259,010.00; the second bidder was West Construction, Inc. with a bid amount of $2,272,775.00. The difference between the two bidders is a little less than $14,000.00 (0.6% of the construction value). An evaluation -33- 11/06/07 committee was convened the following week to review all the applications. The committee consisted of the City's consultant, Environmental Services staff, and Fire- Rescue staff. Mr. Hasko stated after reviewing the submittals, it was determined by the committee to recommend the bid awazd to West Construction, Inc. who was actually the second bidder by 0.6%. He stated after checking into the references provided by the first bidder as well as evaluating the bid that was submitted, there was a minor irregularity in the bid for West Construction, Inc. and some irregularities and missing information in the low bidder's bid in terms of required submittals for proposed staff to run the project. He stated there were typographical errors in that bid package that was clarified later with communications between the first bidder and the consultant. Mr. Hasko stated staff s primary reason for recommending the bid awazd to West Construction, Inc. has to do with the City's experience with them. Mr. Hasko stated the one irregularity on the contract for West Construction, Inc. had to do with the percentage of work that was going to be done by their own staff and the technical specifications require 20% and they listed 19%. He asked that the Commission waive that irregularity. Prior to the vote, Mr. Eliopoulos stated he has not been a big supporter of this project in the past he wanted to emphasis that the message that we send and how we plan to do work down the road is that we have been calling ourselves "Green City" and he noted that when you tend to go green it does cost some money. He stated the reason he was opposed to this project is because the best green building designed out there is the one that is never built and the second best is one that is a renovation. Mr. Eliopoulos would like everyone to keep this is mind down the road when we look towards demolition and how this affects it because those aze resources that you do not throw away. He stated that someone may come along and suggest doing this as a green building and what happens is there aze numerous change orders because now the contract has been awarded and the building has been designed. Mr. Eliopoulos stated as for the City of Delray Beach when we aze doing projects (which is actually called a "Chazette"), that it be set up that if you want to choose to go for a green building there aze different levels (i.e. certified, silver, gold and platinum) and design it in the beginning. He would like the Commission to be aware of these things and take this into consideration. Mr. Hasko stated staff met with the consultant on this and they spent time on evaluating the current proposal for the building. He stated the consultant feels that we have enough points based on the design factors in the building, etc. that we could qualify for a basic green building certification on Fire Station No. 4. Mr. Hasko stated there may be some other things that staff may be able to do to increase those points. He stated in addition to the base bid they are also recommending award for contingency allowance in two of the alternate bids so the total bid awazd would be $2,392,275.00. Mr. Fetzer moved to approve the bid award to West Construction, Inc. (second lowest bidder) in the amount of $2,392,275.00 for the construction of Fire Station No. 4, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -34- 11/06/07 -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 9_F. INFORMATION TECHONOLOGY (IT) BUILDING/CITY HALL NORTH WING PROJECTS: Provide direction regazding proposals for the new Information Technology (IT) Building and the City Hall North Wing remodeling Projects. The City Manager stated the City is at the point where they have 100% design documents on the Information Technology (IT) Building and staff is asking for direction on how to proceed. The City Manager stated the money is in the budget as a line item and it is reserved at this point for the north wing remodeling; the money is in the budget for the IT building but is not designated for that purpose. He stated it is in as a undesignated capital item at this point. Mr. Fetzer asked if this would mean a modification to the City's budget. The City Manager stated this would not be a modification to the City's budget. Mrs. Montague stated the City has been dealing with a lot of short term issues with regard to the finances because we did not know what was happening in Tallahassee and we still do not. However, she stated this is a long-term issue for the City and with regazd to the construction she does not see how these two projects cannot be done simultaneously. Mrs. Montague stated the disruption it will potentially cause to the employees would be unbelievable. Mayor Ellis stated the loss of productivity by doing these two projects sepazately will be enormous not only in employee moral but she feels that everyone has tried to work through construction at one time or another. Mayor Ellis feels it will cost everyone more in the long run. Mr. Eliopoulos stated he is split on this. He stated he supports the IT Building because the building serves all the City's departments and feels the money is spread throughout the deparhnents. Mr. Eliopoulos stated he reviewed the City Hall North Wing Project and feels it is a great plan but feels right now the City needs to hold off on construction of it. Mrs. Montague moved to move forward with the construction of the Information Technology (IT) Building and the City Hall North Wing remodeling projects, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos - No; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 4 to 1 vote, Mr. Eliopoulos dissenting. 9.G. CONTRACT AWARD/PRISTINE WATER SOLUTIONS: Consider approval of a contract awazd to second lowest bidder, Pristine Water Solutions, in an estimated annual cost of $96,894.00 for the purchase of Poly Phosphate at $0.769 per pound for the Water Treatment Plant as needed. Funding is available from 441-5122- 536-52.21 (Water/Sewer Fund/Chemicals). -35- 11/06/07 Richazd Hasko, Director of Environmental Services, stated the Water Treatment Manager has spoken with Shannon Chemical Corporation (low bidder) in terms of the impacts of the affect of their particular product versus the product that the City has been receiving from Pristine Water Solutions. Mr. Hasko stated the Pristine Water Solutions product tends to reduce the levels of lead and copper when it is tested per Health Department, State and Federal requirements which leads to less testing requirements which leads to less costs for sampling and testing requirements. Mr. McDuffie moved to approve the contract award to Pristine Water Solutions (second low bidder) for the purchase of Poly Phosphate at $0.769 per pound for an estimated annual cost of $96,894.00, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer - Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes. Said motion passed with a 5 to 0 vote. 9_H. RESOLUTION NO. 64-07: Consider approval of Resolution No. 64-07 supporting a Plumosa Elementary School Kindergarten through Eighth Grade Fine Arts Magnet Program on the Seacrest Site (Old Atlantic High School). The caption of Resolution No. 64-07 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING A PLUMOSA K-8'~' FINE ARTS MAGNET PROGRAM ON THE SEACREST SITE (OLD ATLANTIC HIGH SCHOOL) (The official copy of Resolution No. 64-07 is on file in the City Clerk's office.) Janet Meeks, Education Coordinator/City of Delray Beach, stated a few weeks she and Mayor Ellis met with Carole Shetler, South Area Superintendent, and she infonned them what some of the options were that the Palm Beach County School District is looking at for three schools. The School District is looking at three schools they would like to make changes to. She stated currently Forest Park Elementary School is located in Boynton Beach and they are in the process of getting their school modemized and the students are being housed at the old Atlantic High School site; Plumosa Elementary School is currently getting their architectural plans done for their modernization on their existing site; and, Galaxy is on the horizon to get their school modernized. Mrs. Meeks stated a few months ago Paulette Burdick, Palm Beach County School District, suggested in order for the district to save money possibly close one of those schools with Plumosa and Galaxy being on the top of the list since Forest Pazk Elementary was already under construction. Mrs. Meeks stated the School District received an 11 million dollaz Federal grant to provide 5 new magnet programs one of those being a fine arts program at Plumosa Elementary School. Mrs. Meeks stated the district is looking at 5 options and she briefly reviewed each option. Mrs. Meeks stated in her research she has found that all the elementary schools have low enrollment at this -36- 11/06/07 time. Mrs. Meeks stated the Palm Beach County School District will be making their decision at one of the upcoming Boazd meetings (probably December 5, 2007). She stated staff feels that at this time it is important for the City Commission to take a stance of their support of which way they would like the school to go. Mrs. Meeks stated at the Education Board Meeting last night they did support the K-8 model at the old Atlantic High School site (Option #3). She stated this is a very strong option for both Delray Beach and Boynton Beach. Mrs. Meeks stated this item is before the City Commission to adopt the resolution and send the resolution to the School District in support of the program. Mayor Ellis stated we need to make sure that the School Board hears from the City of Delray Beach about its choice. She stated she contacted all the previous Mayors from Tom Lynch forward and also spoke with the Principal at Plumosa. Mayor Ellis stated we need to support this so that the School Boazd knows what Delray Beach feels is the best thing to do and the reasons why we feel it is the best thing to do. She stated Boynton Beach will also benefit from this proposal. Mayor Ellis stated the option of rebuilding both of these schools is probably not a real consideration even though the School Board can do what they wish but they really do not have the enrollment. In order to maintain the grant rebuilding it on the Seacrest site (old Atlantic High School site) it would have to be named Plumosa in order to not lose that grant. Mayor Ellis stated she has talked with Steve Abrams and the City of Boca has many middle school students they send to the north part of the County for the School of the Arts and they maybe willing to provide some support for backup to the City Commission's recommendation about this plan as well. The City Manager stated he is encouraged by Kurt Bressler's memorandum. Mr. McDuffie stated his daughter has been through the arts program all the way to graduating from Alexander Dreyfoos and also attend Bak Middle School of the Arts. He stated she spent a lot of time on tri-rail and even though the arts program at S.D. Spady is not an arts magnet it is a very strong program. Mr. McDuffie stated the education is phenomenal and these art schools have proven that their academics aze better also. Mr. McDuffie stated he fully supports and feels it would not only be a great addition to the City of Delray Beach but to the City of Boynton Beach as well. Mr. McDuffie inquired as to whether or not the neighborhood children get first option. He stated for example S.D. Spady and Alexander Dreyfoos and other magnet schools aze lottery schools and then, in the school of the arts, there is an audition to get in. Mayor Ellis stated it would be a boundary school with certain seats set aside for choice for the arts program. She stated in conversations the middle school may be a complete choice program for arts but that is yet to be determined. Mr. McDuffie stated this would be a great addition to the community. -37- 11/06/07 Mr. McDuffie moved to approve Resolution No. 64-07 (Option #3), seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 5 to 0 vote. 9_I. RESOLUTION NO. 65-07: Consider approval of Resolution No. 65-07 which provides that the City will install temporary features along US Highway 1 to reduce the two (2) one-way streets from three (3) to two (2) lanes between S.E. 10`h Street and George Bush Boulevazd. The caption of Resolution No. 65-07 is as follows: office.) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING A TEMPORARY MODIFICATION OF THE TWO ONE- WAY STREETS OF US-1 FROM THREE TO TWO THROUGH LANES BETWEEN SE 10TH STREET AND GEORGE BUSH BOULEVARD. (The official copy of Resolution No. 65-07 is on file in the City Clerk's Brian Shutt, Assistant City Attorney, stated the City of Delray Beach is applying for a permit from FDOT (Florida Department of Transportation) to reduce the lanes from three lanes to two lanes between George Bush Boulevard and S.E. 10`h Street. He stated in order to do that FDOT is requesting the City Commission to adopt a resolution that says if the barriers do not work we will remove the temporary barriers. Mr. McDuffie asked if there is a time limit on this. In response, Mr. Shutt stated he believes that Engineering is hoping that once they do the temporary barrier then we will go straight into a full barrier and after that the traffic studies will come out favorable. Mr. Eliopoulos asked about the timeframe on the temporazy barrier. Richazd Hasko, Director of Environrnental Services, stated he is not sure of the exact timeframe; however, staff wanted to try and catch season and non-season traffic. He stated staff is looking at a minimum of between 6-9 months in order to do that. Mrs. Montague asked if the Community Redevelopment Agency (CRA) is contributing some dollazs to this. Mr. Hasko stated this is essentially a CRA project. The City Manager stated to do the entire project will cost approximately $15-20 million. -38- 11/06/07 Mr. Fetzer stated he would like to see what this looks like before he supports this resolution. The City Manager stated like in some construction projects it looks like apre-cast rectangulaz concrete about 8 inches tall and things are driven through them to hold them in place. The City Manager stated these are not very attractive but the option was doing that or doing a zillion of these plastic things that stick up about 3 feet. Mr. McDuffie stated he has been against this for years and the only reason he would support it would be that someone proves to him that he is wrong. The City Manager stated this resolution does not commit the City to doing this but it is just informing FDOT that if we do it then we will take it out when the experiment is over. He stated at some point the City will have a bid and prior to that he can get Mr. Fetzer some photographs to review. Mrs. Montague moved approve Resolution No. 65-07, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 9.J. APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY: Appoint one (1) regular member to the Delray Beach Housing Authority for a four (4) year term ending October 27, 2011. Based upon the rotation system, the appointment will be made by Mayor Ellis (Seat #5). Mayor Ellis stated she wished to appoint Chistel Silver as a regulaz member to the Delray Beach Housing Authority for a four (4) yeaz term ending October 27, 2011. Mrs. Montague so moved, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 9_K APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL: Appoint one (1) At Lazge Representative to the Neighborhood Advisory Council to serve a three (3) yeaz term ending August 31, 2010. Based upon the rotation system, the appointment will be made by Commissioner Fetzer (Seat #2). Mr. Fetzer moved to reappoint Pamela Williams as an At Lazge Representative to the Neighborhood Advisory Council to serve a three (3) yeaz term ending August 31, 2010, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 5 to 0 vote. 9_L. GUARANTEED MAXIMUM PRICE (GMP)/SEACREST SOCCER COMPLEX/WEITZ COMPANY: Provide direction and approval regazding the Guaranteed Maximum Price (GMP) in the amount of $2,999,723.00 to the Weitz Company for the construction activities associated with the Seacrest Soccer Complex Project. -39- 11/06/07 Richard Hasko, Director of Environmental Services, stated this is a proposed addendum to the existing contract that the City has with Weitz Construction for the Seacrest Soccer Complex. He stated the contract the City currently has takes us through the pre-constmction stage of the CM at Risk method and staff now has the Guaranteed Maximum Price (GMP) in the amount of $2,999,723.00. Mr. Hasko stated the proposal before the Commission is for approval of the Guazanteed Maximum Price (GMP) and authorize staff to start the actual project. Mr. McDuffie asked what staff budgeted for this project. In response, the City Manager stated staff budgeted approximately half this amount. The City Manager stated when staff did the bond issue they anticipated that it would end up in this ballpazk and had $1.6 million in a contingency fund to cover this. Mr. Eliopoulos inquired about the revised drawings that this is based on. Mr. Hasko stated it is the same plans but we removed the second floor from the building and shifted the building on the site so that the second floor with an elevator and staircase could be added on at some point in time in the future. Mr. Eliopoulos asked the City Manager to see if staff could contact Palm Beach County because he believes Palm Beach County Commissioner Mary McCarty has stated that there are some monies available within her budget. Mrs. Montague moved to approve the Guazanteed Maximum Price (GMP) in the amount of $2,999,723.00 to the Weitz Company for the construction activities associated with the Seacrest Soccer Complex Project, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items from the City Manager and the Public. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. Citv Mana¢er The City Manager stated when he responded to Mr. Halberg's public records request he did inform Mr. Halberg that by far most of the complaints received were verbal. 13.B. City Attorney The City Attorney had no comments or inquiries on non-agenda items. -40- 11/06/07 13.C. Citv Commission 13.C.1. Mr. Fetzer Mr. Fetzer stated he was on a combined business/pleasure trip and he is glad to be back. He stated he watched the Commission on video streaming and was very proud of everyone. 13.C.2. Mr. Eliopoulos Mr. Eliopoulos announced that the Planning and Zoning Department will be having a Workshop on Monday, November 12, 2007 at the Community Center at 6:00 p.m. regazding the historic guidelines. Secondly, he stated he saw the City Manager at the Chris Evert Celebrity Tennis Tournament this weekend. Mr. Eliopoulos stated the event was very entertaining and the weather was great. He stated the Commission received an email from an individual complaining about neighbors who were involved in a potential drug deal. Mr. Eliopoulos asked the City Manager to follow up with the Police Chief regarding this issue. The City Manager stated the location is in the new part of Sabal Lakes. Mr. Eliopoulos asked the City Attomey about the status of the Community Redevelopment Agency (CRA) and the Library. The City Attomey stated with regard to the Chamber of Commerce Relocation Agreement, the CRA had a meeting today and she believes the intent was to finalize their Purchase and Sale Agreement with the Carbone group although she does not know what the outcome was of that meeting. The City Attorney stated she has not seen their latest agreement and the Chamber Relocation Agreement is mentioned in the Purchase and Sale Agreement and it states that during the due diligence or inspection period that the City will have this Relocation Agreement. She stated she would like to make sure the Letter of Credit is still sufficient to cover the number of parking spaces. The CRA lawyers are working on the Property Transfer Agreements from the City of Delray Beach to the CRA. The City Attorney stated with regard to the Old School Squaze Garage, staff has met with Mitch Kirschner's group and their engineers have been out to look at the site. The City Attorney stated staff originally thought that the Chamber might be relocated on the western four bays; however, because of a floor differential Kings might want all the bays on N.E. ls` Street including a portion of that corner but retaining approximately 6,000 square feet for the Chamber which would be located on Pineapple Grove Way. Staff has condominium documents prepazed and ready to share with the Kings group and get their feedback. The City Attorney stated staff expects the legal descriptions to be forthcoming. She stated there are issues with regazd to compactors, dumpsters, venting, etc. that needs to be worked out and reiterated that Kings really wants the entire site if possible. -41- 11/06/07 13.C.3. Mr. McDuffie Mr. McDuffie stated he rode with the Fire-Rescue Deparhnent into the neighborhoods on Halloween to distribute candy to the kids. He stated they wound up getting re-routed soon after they got stazted to someone who tried to eliminate one of the trees on Lake Ida Road. Mr. McDuffie stated he not only got to ride in a fire truck but he also got an up close and personal view of a very serious traffic accident and how the police and fire handled the situation. He stated it was a very interesting evening to watch the police and fire work together and ultimately transport a rather unwilling victim to the hospital. Mr. McDuffie stated it was done in a very professional manner. Mr. McDuffie expressed concern over the Delray Lakes neighborhood and stated there were vehicles parked on both sides of the road and had there been an emergency they or anyone could not of gotten fire appazatus in the development (particulazly in the back of the community). He stated the fire-rescue unit had to stop several times and the Lieutenant who was riding in the passenger seat had to get out and direct the driver very slowly through the neighborhood. Secondly, he stated he and his wife attended the Chris Evert Celebrity Tennis Tournament and met Commissioner Fetzer at the reception on Friday night. Mr. McDuffie stated it was very nice evening. Mr. McDuffie stated they also attended the Gala and noted that Nancy Stewart met Stone Phillips. Mr. McDuffie stated the Gala was impeccable and noted the auction (silent and live) raised a tremendous amount of money. He stated there was an accounting of what they had raised to date which was $15.6 million. Mr. McDuffie stated it was for a great cause and he had a wonderful time. He stated they had terrific things to say about the tennis center and the staff. Mr. McDuffie stated it was a pleasant night to be a representative of the City of Delray Beach. 13.C.4. Mrs. Moutasue Mrs. Montague inquired if there has a strategy plan for green buildings built into the Capital Improvement Plan. The City Manager stated there is nothing built in and as Mr. Hasko mentioned the City is looking at Fire Station #4 and believes we can get it certified and is also looking at the Environmental Services building. He stated there were things put into those buildings for energy savings just to save money on operating costs. The City Manager stated as far as building regulations this is being dealt with at a State level and the City is no longer allowed to amend the building code without going through the State. Therefore, the City Manager stated the State is looking at Building Code amendments from a green perspective. 13.C.5. Mavor Ellis Mayor Ellis stated over the last couple of weeks she has heazd from at least a half a dozen people who are interested in working on green initiatives for the City. She commented about publications about things that are being done in other cities that aze green initiatives. She stated some of them aze really good ideas and some are really terrible ideas. Mayor Ellis suggested to the City Manager that the City create a Task -42- 11/06/07 Force to be made up of people who are interested in green building and who have basic knowledge of it. She stated staff can bring some reality to the imagination of people that envision more than we can actually accomplish. Mayor Ellis stated she would like to see this placed on a Workshop Meeting to get the input of the Commission. Mayor Ellis urged the City Manager to take a quick re-check with the deparhnents and department heads to make sure we are doing these things. Mayor Ellis commented about the light bulbs and stated there are a lot of things that cost very little money and the payback comes in energy savings and conservation. Secondly, she stated she received the flu shot today and reminded everyone to get theirs. Mayor Ellis reminded everyone of the Open House at Fire Station #4 (temporary quarters) on Saturday, November 10, 2007. She stated she spent a week at her lake house and it rained continually. Mayor Ellis commented about the recent rain and wind we experienced and stated the City lost a lifeguard tower due to the weather conditions. There being no further business, Mayor Ellis declared the meeting adjourned at 10:26 p.m. City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on November 6, 2007, which Minutes were formally approved and adopted by the City Commission on City Clerk -43- 11/06/07 NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they aze not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. -44- 11/06/07 FORM 8B MEMORANDUM OF VOTING CONFLFCT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL-PUBLIC OFFICERS LAST NAME--FIRST NAME-a.11DOLE NAME Eliopoulos, Gary P. NMAE OF BOARD, CWNCII, COMMISSION, AUIH~tITY, OR COMMITTEE Delray Beach City Commission MAIDNG ADDRESS 205 George Bush Boulevard 7}iE:80ATtD; COUNCIL; COMMISSION: AlJTT10RfT1'OR COMMITTEE ON WHICH (SERVE ISAUNR OF: GTV ~ COUNTY CITY ^COUNTY DOTHER LOCAL AGENCY Delray Beach., $~orida 33444 Palm Beach wu,tEOFPOLRICALSUeolyLSloN: DATE ON WHICH VOTE OCCURRED November 6, 2007 MvaosmoNls: Y7. ELECTIVE O APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, dty, or other ktcal level of gevemment on an appointed or elected board, wuncil, oommisslon, authority, or committee. It applies equally to members of advisory and nonadvisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced withvoting on a measure in whichyou have a conflict of interest will varygreaUy depending on whether you hold an elective orappointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gainor loss. Each elected orappointed .local officer also isprohibitedfrom knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or td the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate' means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of properly, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the cenflict: PRIOR TO THE VOTE BEING TAKEN by publiGy stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate fhe form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may parGGpate in these matters. However, you must disGOSe tfie nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsibie for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM BB - EFF. 112000 ITEM $ . Q = ITEM 9 . A. A. PAGE 1 APPOINTED OFFICERS (continued} • A Dopy of the f6rfi must be provided immediatety to the other members of the agency: • The form must foe read pubGdy at the next meeting after the form is filed. IF YOU MAKE NOrATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure; before parfldpaflng. , • You must complete the torte and file it witl~in 15 days after the vote oxurs with fhe`persdn responsible for recording lhe'minutes oflhe meeflng, who mustincorpowte the form in the minutes: A copy of the form must be provided immediately to the other members of the agency, and tire: form must fte read pudidy at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I ~ Gary P. Eliopoulos ,herebydisdosethatan November 6, ,2p 07 ; (a) i4 measure came or will'came before my agenq whtctr (dreck one) _ inured to my special private gain or bss; Inumdffithe-spade!galnorloss'ofmybusinessassoaate, Ttnl7j ~ Flinzrn,los A'rchitects~ P-A.' _ inuredto the spade! gain or lossof my relative, ~ - _ _ inured to the speciatgain orbs of - by whom i am retained; or inured~.to the &Pecial fain ~ bss-.of ~ :. , . ~ ~ ~,.': ; , ,which is the parent organization or subsidiaryof a prindpal which has retained me. (tr)-The, measurebefore myagency and the nature of my conflicting interestin the measure is as follows: --. November 6, 2007 u Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,. REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION. REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000: CE FORM BB - EFF. 1!2000 PAGE 2 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER,LOCAL PUBLIC OFFICERS LAST NAME~IRST NAME-MIODLE NAME Eliopoulos, Gary P. NMAE OF BOPRD, COUNGI, COMMISSIOµ AUTHORRY, OR COIM11TfEE Delray Beach City Commission MAILING ADDRESS 205 George Bush Boulevard THE.BOMO; COUNGI.~ COMMISSION; AUTFIORITY ORC.OMMnTEE ON wNICHISEmIE IS AUNrr oF: CITY ~ COUNfY CITY OCOUNTY OOTHER LOCAL AGENCY Delray Beach, Florida: 33444 Palm Beach wnMEOFroLincALSUeDlylslon DATE ON WHICN VOTE OCCURRED MY aosmoN LS: - 1`1 ELECTIVE O APPOINTIVE WHO MUST FILE FORM 86 This formis for use by any person serving at the county, city, or other local level of govemment on an appointed or elected board, coundl, commission, authority, or committee. It applies equally to members of advisory and. nonadvisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which.you. have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay Gose attention to the instructions on this form before wmpleting the reverse side and filing the form. - INSTRUCTIONS,FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, muniGpal, or otherlocal public office MUST ABSTAIN from voting on a measure which inures to his or her special private gainor loss, Each elected or appointed localn(ficer also isprohibited fromRnowingly voting oh a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (inGuding the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business assodate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative' inGudes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-iMaw, mothertiMaw, son-in-law, and daughter-in-law. A'business associate° means any person or entity engaged in or carrying on a business enterpdse with the officer as a partner, joint venturer, coowner of properly, or corporate shareholder (where the shares of the corporation ' are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disGose the conflict: PRIOR TO THE VOTE BEING TAKEN by publiGy stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disGose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: You must complete and file this forth (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the forth in the minutes. (Continued on other side) CE FORM BB-EFF. 1/2000 ITEM 9.A. PAGEi APPOINTED OFFICERS Ilcontlnued) • A copy of tfte form musttie prov(afed immediatey-to-the other membersof the agency. • The form must be read. publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE-THE DECISION EXCEPT BY DISCUSSION AT THE MEETWG: • You must4isdose orally (he nature of your conflict in the measure; before parficlpafing. , • You must complete the form and file it within 15 days after the vote occurs with the`person responsible far recorGing tlie'minutes of:the' meeting, who must incorporate-the form in the minutes. A Copyof the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S. INTEREST I Gary P. Eliopoulos ,hereby disclose that on , 20,- (a) A measure came or will`come before myagency which (check one) inured to my special private gain w loss; inured'totfrespedalgainorloss'ofmybuslnessessoclete; xnnt r* Rtogp„toc Architects P.A.' _. inured to the special gain or bss of my relative, .. ; inured to the special gain wbss of - , by whom I am retained; or inured..(o thespecal,gain or lossof ~.. ~ ~ ~. ~ : ~ .. ° ,.:. ,which is the parent organization or subsidiary.of a principal which has retained me. (b)~:The measure before my agency andthe nature ofmy confiieting interest in themeasure is as follows: November 6, 2007 _ _ Date Filed Si n NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEEO $10,000. CE FORM 86 - EFF. 12000 PAGE 2 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-FIRST NAI.IE-~.110OLE NAME Eliopoulos, Gary P. NAME OF 80ARD, COUNCIL, COMMISSION, AUi}gRITY, Oft COIMIITfEE Delray Beach City Commission MAILING ADDRESS ZOS George Bush Boulevard TFiE.80AR0, CWNGt; COMMISSION. AlltHOR1TY OFtCOMMfrTEE ON wwcNlsErtvElsauNlroe dN - COUNTY CffV ^COUNTY ^OTFIER LOCAI_AGENCY Delray .Beach, Florida: 33444 Palm Beach wvnEOFf~oLmcALSUeonnsaN: DATE oNtnrtucN vorE OCCI1riRED November '6, 2007 MY vosrrloN is: i5 ElEC71YE o APPaNrrvE WHO MUST FILE FORM 86 This form is for use by any person serving at the county, city, or other lacel level of govemment on an appointed or elected board, counal, commission, authority, or committee. It applies equally to members of advisory and nonadvisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which.you. have a conflict of interest will varygreagy depending. on whether you hdd an elective or appointive position. For this reason, please pay Gose attention to the instroctians on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other~locel public office MUST ABSTAIN from voting on a measure which inures to his or her specal private gainor bss; Each elected or appointed local officer also is prohibited from knowingly voting on a-mea- sure which inures to the special gain or loss of a principal (other than a govemment agency) by whom he or she is retained (inducting fhe parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special pdvate gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a 'relative" includes only the officer's tether, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A `business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publiGy stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER~THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may partiapate in these matters. However, you must discose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you ar a[ your direction. iF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 86 - EFF. 1/2000 ITEM 9. B . PAGE i '~ APPOINTED OFFICERS' (continued) • A Dopy of:lhe form must be provided immedratety,to the other membera of the agency. • The form must be read. publicly at the neM meegri9 aRer the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflid in the measure, before participating. „ • You must complete the form and file it wffhin t'S days after the vote occurs with flre'person responsible far racording the'minutes of:ihe meeting; who must inrnryorate the form in the minutes. A Dopy of the form must be provided immediately to the other members of the agency, and the form must tie read publicty at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I Gary P. Eliopoulos ,herebydisdosethaton November 6, ,2007 : (a) A measure. came or wiN~come before my agency which (check one) _ inured to my specal private gain or loss; _XX Inured to tale spedai gairror bss bf my business assodate; ~++i a R t i nprm 1 n a A h i s . P . A.' ,: _ _ inured W the special gain or loss of my relative, ; inuredto the spedafgain ar1oss of , by .whom 1 am retained; or inured~.to the.apegalgain of, bssof - .:': ,~ ,which is the parent organization or subsidiary. of a pdncipal which has retained me. (b}The measure before my agency and the nature of my conflicting interest in the measure is as follows: November 6. 2007 _ Date Fled e NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 88 - EFF. 18000 PAGE 2 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUESTS FOR BLOCK 69 OFFICE BUILDING ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. The waiver requests have come before the City Commission on November 6, 2007. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver requests for the Block 69 Office Building. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVER: Pursuant to LDR Section 4.6.14(A)(1), "Visibility at Intersections", a twenty foot (20') sight visibility triangle shall be provided where an accessway intersects a public right-of-way. The Applicant seeks a waiver to reduce the site visibility triangle to five feet, six inches (5'6") where the parking backs out onto the easUwest alleyway. Pursuant to LDR Section 4.6.14(A)(1), "Visibility at Intersections", a twenty foot (20') sight visibility triangle shall be provided where an accessway intersects a public right-of-way. The Applicant seeks a waiver to reduce the site visibility triangle to sixteen feet, four inches (16'4") at the intersection of the alleyways, located at the southwest corner of the subject property. Pursuant to LDR Section 4.6.9(D)(11)(f), "Mechanical Parking Lifts", new development which proposes the use of mechanical parking lifts as part of the required parking, shall provide the balance of the total required non-residential parking requirement, as "self-park" spaces. The required amount of self-park spaces is fifteen. The applicant is providing eleven and seeks a waiver for the remaining 4 spaces. Pursuant to LDR Section 2.4.7(6)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Would the waiver of Section 4.6.14(A)(1) to reduce the site visibility triangle to 5'6" comply with the requirements of 2.4.7(6)(5)? Yes 4 No 0 tlll~lo\ 1 SCANNED Would the waiver of Section 4.6.14(A)(1) to reduce the site visibility triangle to 16'4" comply with the requirements of 2.4.7(8)(5)? Yes. 4 No 0 Would the waiver of Section 4.6.9(D)(11)(f) to reduce the reduce the required amount of self-park spaces from 15 to 11 comply with the requirements of 2.4.7(8)(5)? Yes 4 No 0 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are. consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. 5. Based on the entire record before it, the City Commission approves or denies the waiver requests as follows: LDR Section Approve Deny 4.6.14.(A)(1) as to 5'6" X 4.6.14(A)(1) as to 16'4" X 4.6.9 (D)(11)(f) X 6. Based on the entire record before it, the City Commission hereby adopts this Order this 6'" day of November, 2007, by a vote of 4 in favor and 0 opposed. Rit Ellis, Mayor 2 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA PUBLIC PARKING FEE REQUEST FOR BLOCK 69 OFFICE BUILDING ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This public parking fee request has come before the City Commission on November 6, 2007. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the public parking fee request for the Block 69 Office Building. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. 1. PUBLIC PARKING FEE: Pursuant to LDR Section 4.6.9(E)(4), when parking requirements are applied to new development, in-fill development, from a change of use, or adding floor space to an existing building; the City Commission may approve the payment of a fee towards the construction of a public parking structure in-lieu of providing such required parking on- site. Does the Public Parking Fee request meet the requirements of LDR Section 4.6.9(E)(4) and the conditions, if any, listed below? 4 spaces x $18.000 = $72 000 payable in full at buildino permit's issuance Yes 4 No 0 3. The City Commission hereby finds that the Public Parking Fee Request meets the requirements of 4.6.9(E)(4) of the Land Development Regulations, with the conditions listed above, if any, and the City Commission has applied the Comprehensive Plan and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan and Land Development Regulations. 11113I~1 1 SCANNED I-~e,nn ~ . a t_G i 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves X denies _ the public parking fee request as set forth above. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 6"' day of November, 2007, by a vote of 4 in favor and 0 opposed. ATTEST: Rita Ellis, Mayor Chevelle Nubin, City Clerk 2 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR MODERN CHIROPRACTIC ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. These waiver requests have come before the City Commission on November 6, 2007 when applicant seeks to extend sign into adjacent bay. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for Modem Chiropractic. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVER: LDR Section 4.6.7(J)(2) provides that signs placed on property other than the location that is advertised, is considered ah off-premise sign, and therefore, prohibited. The Applicant has requested a waiver from this requirement. Pursuant to LDR Section 2.4.7(6)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) .Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Does the waiver request meet all the requirements of 2.4.7(6)(5) and the conditions, if any, listed below? Subject to aagroval of tenant/manayement Yes 5 No 0 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application s 1l S~AN13~bY NED I-l~em °I.C ~'~' submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves X denies _ the waiver request to LDR Section 4.6.7(J)(2). 6. Based on the entire record before it, the City Commission hereby adopts this Order this 6"' day of November, 2007, by a vote of 5 in favor and 0 opposed. ATTEST: Rita Ellis, Mayor 2 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUESTS FOR ALTA CONGRESS ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. The waiver requests have come before the City Commission on November 6, 2007. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver requests for the Alta Congress Project. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVER: Pursuant to LDR Section 4.7.9(c)(i), the total number of one bedroom units in any qualifying project shall not exceed 30% of the total number of units in the project, including both familylworkforce units and market rate units. The development proposal consists of 230 one bedroom units or 50.9% of the 451 total number units. The applicant has submitted a waiver request to exceed the maximum number of one bedroom units. Pursuant to LDR Section 4.6.9(D)(4)(d), the standard aisle width is 24 feet for normal traffic flow with perpendicular parking. The maximum aisle width is 26 feet. The minimum aisle width for two way traffic flow is 20 feet but this dimension can only be used for short distances where there are no parking spaces entering herein. The proposed drive aisle along the south side of the property is 20 feet wide for approximately 270 feet. The applicant has requested a waiver from this requirement. Pursuant to LDR Section 2.4.7(8)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Would the waiver of Section 4.7.9(c)(i) comply with the requirements of 2.4.7(8)(5)? Yes 5 No 0 Would the waiver of Section 4.6.9(D)(4)(d) comply with the requirements of 2.4.7(8)(5)? IIIi3lo~ ~ ' SCANNED 1-~em ~` ~ ~ ~~ Yes 0 No 5 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. 5. Based on the entire record before it, the City Commission approves or denies the waiver requests as follows: LDR Section Approve Deny 4.7.9.(c)(i) X 4.6.9(D)(4)(d) X 6. Based on the entire record before it, the City Commission hereby adopts this Order this 6"' day of November, 2007, by a vote of 5 in favor and 0 opposed. TTEST: ita Ellis, Mayor ~~ ~~ • ~ ~/ V~V oN 2 NOVEMBER 20.2007 A Regulaz Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Vice Mayor Fetzer in the Commission Chambers at City Hall at 6:04 p.m., Tuesday, November 20, 2007. 1. Roll call showed: Present - Commissioner Gary Eliopoulos Commissioner Fred Fetzer Commissioner Woodie McDuffie Commissioner Brenda Montague Absent - Mayor Rita Ellis Also present were - David T. Harden, City Manager Robert A. Bazcinski, Assistant City Manager Susan A. Ruby, City Attorney Terrill Barton, Assistant City Attomey Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Reverend Kathleen Gannon of St. Paul's Episcopal Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. At this point, Vice Mayor Fetzer stated he is present in place of Mayor Ellis and informed everyone that Mayor Ellis was involved in an automobile accident earlier this week. Mr. Fetzer stated someone apparently ran a red light and hit her. She suffered a concussion and a lot of bruises and is now home and recovering very well. Vice Mayor Fetzer asked everyone to keep Mayor Ellis in their prayers and she hopes to be back very soon. 4. AGENDA APPROVAL. Vice Mayor Fetzer stated there is a correction to Item 8.U.3. and it should read contract award to BG Group, LLC and funding is available from CDBG Sub-Grant Agreement No. 07DB-3V-10-60-O1-Z07. Also, Vice Mayor Fetzer stated there is an AppeaUSite Plan Review and Appearance Board Actions for Mid-Town Delray that was added to the Agenda by addendum. 11/20/07 The City Attorney stated Item 10.A. and Item 10.A.1. deals with the Midtown Project and also deals with the appeal. She stated there has been a request to postpone that to December 4, 2007 and that will come before the Commission as the caption is read. The City Attorney stated the other postponements aze Item 10.C. that deals with the Old School Square Historic Arts District (Ordinance No. 31-07) to February 19, 2008. The City Attorney stated Item 10.D., Ordinance No. 22-07 has been advertised appropriately but she just wanted to make sure that the Agenda properly reflects sub-items under text amendments (roman numeral vi, vii, viii and ix). The City Attorney stated there has been a request to postpone Item IO.E., Ordinance No. 55-07 (First Reading/First Public Hearing) to December 4, 2007 as the Planning and Zoning Board tabled this item until their December 3, 2007 meeting. The City Attomey requested that Item 8.0., Encroachment A¢reement/Fence Installation AereementlRoyal Atlantic/Bob Federspiel Garage be moved from the Consent Agenda to the Regular Agenda as Item 9.A.A. Mr. McDuffie moved to approve the Agenda as amended, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mr. Eliopoulos -Yes; Vice Mayor Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 4 to 0 vote. 5. APPROVAL OF MINUTES: Mrs. Montague moved to approve the Minutes of the Workshop Meeting of November 13, 2007, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Vice Mayor Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes. Said motion passed with a 4 to 0 vote. 6. PROCLAMATIONS: 6_A. NONE 7. PRESENTATIONS: 7.A. Florida Department of Transportation (FOOT) Proiect Engineer Eiseman and Russo on the proeress of SR A-1-A RRR Proiect Randal I{rejcazek, City Engineer, introduced James (Sandy) Daniel, Project Engineer with Eiseman and Russo for the A-1-A RRR Project. Sandie Daniel, Project Engineer with Eiseman and Russo, briefly updated the Commission on the status of the SR A-1-A RRR Project and what will be happening in the neaz future. Mr. Daniel stated they have been handling the A-1-A comdor for Florida Department of Transportation (FOOT) from the Palm Beach County line north to the Town of Palm Beach. He stated they started in May/June 2007 through Delray Beach and they will be restricting their operations from this point forward until after season is -2- 11/20/07 over. Mr. Daniels stated the work adjacent to the beach and the pazking areas is being paved and should be completed tomorrow. He stated on the comer of Atlantic and A-1-A and that should be completed azound Tuesday or Wednesday of next week and then they will be out of there until after season as well. The azea from Linton Boulevard north where the widening has started is going to be left as it is until after Easter. Mr. Daniel thanked Randal Krejcazek, the Engineering Department and the Public Works Division for being so helpful with the utility relocations and getting things out of the way. Mr. Daniel left business cazds with the City Clerk for the Commission for contact purposes. Mrs. Montague asked when work would resume. In response, Mr. Daniel stated work will resume right after Easter. 7.B. Government Finance Officers Association - Certificate of Achievement for Excellence in Financial Reporting Vice Mayor Fetzer read the following statement into the record: "The Certificate of Achievement for Excellence in Financial Reporting has been awarded to the City of Delray Beach for the Government Finance Officers Association for the United States and Canada for its Comprehensive Annual Financial Report (CAFR). The Certificate of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting and its attainment represents a significant accomplishment by a government and its management. An awazd of financial reporting achievement has been awazded to an individual or departmental agency designated by the government as primarily responsible for preparing this report." Vice Mayor Fetzer stated this has been presented to Milena L. Walinski, CGFO, Assistant Finance Director and the CAFR has been judged by an impartial panel to meet the high standards of the program including demonstrating a constructive spirit of full disclosure to cleazly communicate its financial story and motivate potential users and user groups to read the CAFR. This is a non-profit professional association serving approximately 16,000 government finance professionals with offices in Chicago and Washington, D.C. Joseph Safford, Finance Director, stated this is the annual financial report of the City of Delray Beach and the Finance Department has received this Certificate of Achievement for Excellence in Financial Reporting from this national organization for 24 consecutive years. He stated the reason that it is important is because it shows third parties that the Finance Department follows all the standards that aze established by the Government Finance Officers Association and its related agencies. For example, Mr. Safford stated the City Manager, City Commission, Bond holders, Bond rating agencies, the City's external auditors can rely on the City's report that it is accurate and that it follows the standazds of this organization. Mr. Safford, on behalf of the Finance Department, thanked the City Commission. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. ACCEPTANCE OF A RIGHT-OF-WAY DEEDlSIDEWALK EASEMENT AND SIDEWALK DEFERRAL REQUEST/1015 NASSAU STREET: -3- 11/20/07 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 1015 Nassau Street, located within the Nassau Street Historic District. 8.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 Awazd; 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 grant requirements. 8.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 Delray Beach. 8_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 yeaz for the use of the Delray Beach Police Depaztment's police and fire dispatching and communications services. 8_E. AGREEMENT/PENN CREDIT CORPORATION: Approve an agreement between the City and Penn Credit Corporation to provide professional collection services for delinquent parking tickets. Penn Credit Corporation's fee will be eighteen percent (18%) of the collections. 8_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 chazges; and revises the remedies each party shall have against the other party. 8_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 Executive Director no later than ten (10) days after the end of each quarter. 8_H. AMENDMENT NO. I/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 -4- 11/20/07 include the S.W. 12~n Avenue/Auburn Avenue Beautification Project. 8.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 area 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. 8.J. 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. Sa' Avenue. 8.K WAIVER OF BID IRREGULARITY/135 N.W. 5""' AVENU>/': Approve a request to waive an irregularity in the bid process for 135 N.W. 5` Avenue, in which an error was identified in the bid documents previously submitted by Stuart and Shelby Development. 1. 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). 8.L. HOUSING REHABILITATION GRANT/CONTRACT AWARD: Approve one (1) Housing Rehabilitation granUcontract award 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). 8.M. SUB-RECIPIENT AGREEMENT/COMMUNITY LAND TRUST, INC. (CLT): Approve aSub-Recipient Agreement between the City and the Community Land Trust, Ina (CLT) for the purposes of subsidizing the costs associated with affordable housing units and management of affordable rental properties with the CLT. 8.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 Department of Community Improvement, Neighborhood Services Division. 8.0. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. -5- 11/20/07 8_P. RESOLUTION NO. 67-07: Approve and adopt Resolution No. 67-07 establishing a Green Task Force. The caption of Resolution No. 67-07 is as follows: 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. (The official copy of Resolution No. 67-07 is on file in the City Clerk's office.) SPECIAL EVENT REQUEST/FIRST NIGHT 2008: Approve a special event request to endorse the 10` Annual First 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 new City stage as needed at no charge. 8.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 Boulevard 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). 8_S. ACTUARIAL SERVICES/GABRIEL ROEDER SMITH AND COMPANY (GRS): Consider approval of a four (4) year 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). 8_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. 8.U. AWARD OF BIDS AND CONTRACTS: 1. Purchase awazd to Duval Ford in the amount of $24,055.00 via the Florida Sheriff s 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. -6- 11/20/07 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) stone water outfall locations in the Intracoastal Waterway. Funding is available from 448-5416- 538-46.90 (Stonnwater 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 CDBG Sub-Grant Agreement No. 07DB-3V-10-60-O1-Z07. Mr. Eliopoulos moved to approve the Consent Agenda as amended, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Vice Mayor Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 0 vote. 9. REGULAR AGENDA: 9.A.A. ENCROACHMENT 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 claim regazding any issue pertaining 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. The City Attomey stated there aze two agreements; one is the Encroachment Agreement and the other is a Fence Installation Agreement. Each agreement is dependent on each other and the Encroachment Agreement deals with some issues of grouting chemical grout on each other's property and the Royal Atlantic property agreed to not bring any claim against the City of Delray Beach for any encroachments that might be there during that construction. The City Attorney stated the City did not construct the garage; however, we assumed the ownership of the gazage after its construction. Also, the City Attorney stated the Fence Installation Agreement is something that they want to do at the top of the Federspiel Gazage. Staff has been working with them and from talking with one of the Commissioners today she believes there aze still some issues regarding a couple of the drawings. The City Attorney stated staff has had indications that the plan would not affect the Core Slabs ,Inc. warranty but staff wants to ensure the everyone is looking at the right drawings and that everyone is on the same page about how it is going to be installed and what affect that will have. The City Attorney recommended that the Commission approve the agreements subject to the City Attorney approving the attachments and making sure the warranty is effective. -7- 11/20/07 Mr. Eliopoulos moved to approve the Encroachment Agreement and Fence Installation Agreement subject to the City Attorney approving the attachments and making sure the warranty is effective, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mr. Eliopoulos -Yes; Vice Mayor Fetzer -Yes. Said motion passed with a 4 to 0 vote. 9.A. AGREEMENT/DELRAY BEACH H1J'1'UHICAL SUC1L~ 1'Y, 1NC.: 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 for the Hunt House Rehabilitation and Construction of an Archival Storage Facility. Terrill Barton, Assistant City Attorney, stated this is a funding agreement where the City of Deh•ay Beach is proposing to give the Delray Beach Historical Society a minimum amount of $125,000.00 and a maximum amount of $175,000.00 for the rehabilitation of the Hunt House which is a historic home that has been relocated to the Cason Cottage property. She stated the agreement gives the Delray Beach Historical Society approximately until November 2008 to rehabilitate the structure and all costs are on a reimbursable basis with the receipts and invoices to be turned in to the City's finance deparhnent and reviewed before payment is made. The City Attorney stated only those reasonable costs that aze the City's sole discretion deemed reasonable will be reimbursed. There is an agreement that provides for insurance and also a performance bond. Ms. Barton stated the Delray Beach Historical Society is in the process of trying to obtain the performance bond and they have provided the City with all insurance to date except for the builder's risk which they aze in the process of obtaining as well. Mrs. Montague moved to approve the agreement between the City of Delray Beach and the Delray Beach Historical Society, Inc. for funding in the amount not to exceed $175,000.00 for the Hunt House Rehabilitation and Construction of an Archival Storage Facility, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mr. Eliopoulos -Yes; Vice Mayor Fetzer - Yes; Mr. McDuffie -Yes. Said motion passed with a 4 to 0 vote. 9_B. TENNIS CENTER CONSULTING AGREEMENT/JCD SPORTS GROUP, INC.: 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). Robert A. Barcinski, Assistant City Manager, stated this is a proposed five (5) year agreement with JCD Sports Group, Inc. for the Tennis Center Consulting Agreement. Services provided under this agreement include pursuing and amacting 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. Staff recommends approval. -8- 11/20/07 Mr. Eliopoulos moved to approve the Tennis Center 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, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Vice Mayor Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes. Said motion passed with a 4 to 0 vote. 9.C. DISCUSSION/2008 ANNUAL TOWN HALL MEETING: Provide direction regarding the schedule for the 2008 Annual Town Hall Meeting. Vice Mayor Fetzer stated the Town Hall Meeting is scheduled for Januazy 29, 2008, which is the Presidential Preference Primary and also the State of Florida Reform Referendum on the latest tax bill proposal. He asked if staff is considering changing this date. The City Manager stated there aze several options. He stated the Commission can leave it on this date because most likely the election returns will not come in until it is finished anyway. Or, the Commission could cancel the meeting. Staff looked at moving the Annual Town Hall Meeting to Thursday, January 31, 2008; however, Old School Squaze is not available either on Thursday, January 31, 2008 or Thursday, January 24, 2008. The City Manager stated Old School Square is available on Wednesday, January 30, 2008 otherwise it would have to be in February and he feels that would be late for what the City would like to accomplish. After brief discussion, it was the consensus of the City Commission to move the Annual Town Hall Meeting to Wednesday, January 30, 2008 and to also do the same roundtable format as last yeaz. Mrs. Montague stated she would like to make sure that the 2008 Annual Town Hall Meeting is advertised as early as possible so that the entire community is awaze of it and so that it will give them the opportunity to get involved this yeaz. 9_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. The City Attorney stated this item and the next item deal with cases filed regazding the activities of Linda Mazks and set forth the cause of action for negligence, retention, and supervision. The settlement offer is a proposal of settlement in the case of Anna Chandler and is $200,000.00. Staff recommends denial of the settlement offer. Mrs. Montague moved to approve the settlement offer in Anna Chandler v. City of Delray Beach, et al, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Vice Mayor Fetzer - No; Mr. McDuffie - No; Mrs. Montague - No; Mr. Eliopoulos - No. Said motion was DENIED with a 4 to 0 vote. -9- 11/20/07 9.E. SETTLEMENT OFFER 1N WILLIAM LAIVAGAIV v. crrY ~r DELRAY BEACH ET AL: Consider a Settlement Offer in the total amount of $100,000.00 in William Lanagan v. City of Delray Beach, et al. Staff recommends denial of this settlement offer. The City Attorney stated this is a settlement offer in William Lanagan v. City of Delray Beach, et al and there is a proposal for settlement in the amount of $100,000.00. Staff recommends denial of the settlement offer. Mr. Eliopoulos moved to approve the settlement offer in William Lanagan v. City of Delray Beach, et al, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. McDuffie - No; Mrs. Montague - No; Mr. Eliopoulos - No; Vice Mayor Fetzer - No. Said motion was DENIED with a 4 to vote. 9.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). Mr. Eliopoulos stated he would like to defer his appointment to the next regular City Commission Meeting of December 4, 2007. 9.G. APPOINTMENT TO THE NEIGHBURHI)l)D AllV15UKY 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). Mr. McDuffie stated he would like to defer his appointment to the next regular City Commission Meeting of December 4, 2007. At this point, the time being 6:34 p.m., the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12_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. The caption of Ordinance No. 56-07 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 32, "DEPARTMENTS, BOARDS AND COMMISSIONS", OF THE CODE OF -10- 11/20/07 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 EFFECTNE DATE. (The official copy of Ordinance No. 56-07 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Mr. McDuffie moved to approve Ordinance No. 56-07, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mr. Eliopoulos -Yes; Vice Mayor Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 4 to 0 vote. At this point, the time being 6:36 p.m., the Commission moved to Item 13, Comments and Inquiries on Non-Agenda items from the City Commission. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Mana¢er The City Manager stated staff sent flowers to Mayor Ellis this afternoon on behalf of the City Commission. He stated Mayor Ellis called and stated she very much appreciated the flowers and they cheered her up. 13.B. City Attorney The City Attorney wished everyone a "Happy Thanksgiving". 13.C. City Commission 13.C.1. Mr. McDuffie Mr. McDuffie stated there aze several activities that aze going to go on in the community over the Thanksgiving holidays. He stated he, his wife, and daughter are going to participate in the Spady serving and fold the seats down in the expedition and deliver meals. Mr. McDuffie encouraged the rest of the Commission if they have the time to get involved as well. He stated there aze some very wonderful things that go on to help people less fortunate than ourselves this time of year. Mr. McDuffie stated there are some great people who volunteer and anange things such as this. He stated we have wonderful people in this community who volunteer and make it work. Mr. McDuffie feels these people should all be appreciated. -11- 11/20/07 13.C.2. Mrs. MontaQUe Mrs. Montague stated this week of course is all about Thanksgiving and noted that the entire Commission has been to numerous events throughout the last 1-2 weeks. She stated she and Commissioner McDuffie were at Office Depot yesterday morning and Office Depot has delivered 2,400 turkeys. She stated the City of Delray Beach is proud and happy to have them consider the City as a partner in this. Mrs. Montague stated Mazy Wong oversees the entire operation and she has been doing this for seven years and it is making a lot of families happy who otherwise would not be able to enjoy Thanksgiving. Secondly, Mrs. Montague stated she was a participant in the Out-of- School Program Thazilcsgiving Feast which is done through the Parks and Recreation Department. She stated they visited three sites and she was a judge. The top participants were the Community Center, Pompey Pazk, and Pine Grove Elementazy School and Pine Grove came in first place, the Community Center came in second place, and Pompey Pazk came in third place. Mrs. Montague commented about the children's handmade project and gave it to the City Clerk for Mayor Ellis. Mrs. Montague read an essay written by one of the children. Mrs. Montague stated there are a number of organizations that people can be a part of during the Thanksgiving holiday if they have some free time and noted that people can give the City Clerk's office a telephone call because they can provide the public with the organizations that can use help. 13.C.3. Mr. Eliououlos Mr. Eliopoulos commented about the Pension Boazd and asked the City Manager if we are at the point of appointing someone since the Mayor was not attending the meetings. The City Manager stated this requires an ordinance amendment and staff has been debating about who to put in her place. Vice Mayor Fetzer commented that he understands that the Pension Boazd is not governed under the same rules as some of the other City advisory boards. The City Manager stated the Pension Boazd can make their own rules for the most part and noted that there was an issue about a member being absent and they really have to make their own rules about that. Vice Mayor Fetzer asked if the Pension Board has been advised about that. The City Attorney stated she has talked to their lawyer and believes the Mayor was going to talk to their lawyer as well. The City Attorney stated they were hoping that by just contacting one of the members they would start showing up and noted she will check on the status of this. Mr. Eliopoulos asked what the status is for Joe Weldon's position and his replacement. The City Manager stated the City has received numerous applicants and the application period has closed. Staff is starting to work through those applications and -12- 11/20/07 expects at this point, because of the holidays, it will be January 2008 before an appointment is made. Mr. Eliopoulos commented about the City going green and distributed some information regazding a solaz tube which is a lighting system. He stated this is a system that basically uses natural lighting. Mr. Eliopoulos stated in the event it is a cloudy day and clouds come over it there is a sensor that actually turns back on the fluorescent fixture so you have a constant lighting level of 50 foot candles. He stated should the cloud go past and it is sunny again, the fluorescent turns off and once again natural light comes in. He stated he discussed this with the City Manager and noted that a lot of these things the City is going to be discussing with green, especially the buildings, there is always a cost associated with it. He stated you have to look at the turnaround with something like this as well. Secondly, he wished everyone a safe and happy Thanksgiving. 13.C.4. Vice Mayor Fetzer Vice Mayor Fetzer stated with regazd to the Green Task Force that the City has formed with the item on the Consent Agenda, there was a resolution approving that from a prior discussion. He stated the City of Delray Beach is one of the first cities in Palm Beach County to do something like this and he is very encouraged that we are taking this initiative to try and bring some good talented people in the community to work on these issues. Vice Mayor Fetzer stated he sent an email to the City Manager regarding some good nominees and concurred with his recommendation that the Commission follow their normal appointment process of rotating those appointments through the Commission if that is agreeable to the Commissioners. The City Commission concurred with Vice Mayor Fetzer. Vice Mayor Fetzer stated this is the procedure that the City Commission will follow and commented that the City will receive nominations through the City Clerk's office and then the Commission will make the appointments on a rotation basis (seven seats allocated for the Green Task Force). He stated he is looking forwazd to seeing what comes out of that group. Secondly, Vice Mayor Fetzer wished everyone a "Happy Thanksgiving". 11.B. From the Public. 11.B.1. Javne King 3400 Place Valencav, Delray Beach (speaking on behalf of the Sierra Club and the Homeowners' Leasue of Chatelaine), thanked the City Commission for forming the Green Task Force and for also inviting the public to the pazk. She stated the Sierra Club would like to give input that it would be good that whatever the pazk that there is a sustainability factor in all that. She stated there was also input about eliminating the cazs having to go from Swinton Avenue to Federal Highway to help cut back on the amount of pollution and the noise factor with the motorcycles and the cars. Ms. King commented about the Cool Cities Program and stated the Steering Committee had its kick-off on Mazch 28, 2007 and is happy that there is some forwazd -13- 11/20/07 movement regazding this. As President of Chatelaine, Ms. King stated it has been approximately ten years in the process in Chatelaine for getting the projects completed. She stated she has the Neighborhood Plan from the Strategic Task Team which was approved in Mazch 2005 and she is finding that they are still collecting more things. Ms. King feels that the City has wasted money on redoing the signs, trees, and wasting the water for not timing the sprinklers. She stated Chatelaine has to now re-do the signs and they have been given dates and deadlines that have not been met. Ms. King urged the Commission to expedite and finish this project because in her opinion it has taken too long to complete. Also, Ms. King stated she would like to make an appointment with Commissioner McDuffie to discuss this issue. 11.A. Citv Mana¢er's response to prior public comments and inquiries. The City Manager stated at the last meeting Mr. Mazk Fields expressed concern about a couple of things. One of Mr. Fields concems was dogs on the beach. The City Manager stated Mr. Fields has talked to the City's beach officers as well as the Lieutenant over in that area about dogs. The City Manager stated Mr. Fields is actually not complaining about the dogs being on the beach but he is complaining about the dogs being on the sidewalk and grass azea west of the sand dune fence which is not illegal. Mr. Fields has been informed of this by the officers. The officers have had no concems about the dogs in this area and have been diligent about finding and citing offenders who actually take their dogs onto the beach. Mr. Fields also expressed concern about halfway houses and sober houses. The City Manager stated as the Commission is very much aware, individuals recovering from drug and alcohol addiction are protected as disabled individuals under the Americans with Disabilities Act and Fair Housing Laws and cannot be discriminated against based on status. The City Manager stated Mr. Fields should report any crimes to the Police Department regardless of the offenders' status and staff has sent him a letter to that affect. At this point, Vice Mayor Fetzer explained that there is a Public Hearing scheduled to begin at 7:00 p.m. and at the end of the Public Hearings the Commission is going to have a Closed Attorney/Client Session regarding the case of: Kenneth Miller, et al v. Darren Cogoni, et al. After that, the Commission will reconvene in the Commission Chambers and discuss a settlement. At this point, Vice Mayor Fetzer reopened the public comments. 11.B.2. Van Church, Service Employees International Union (SEIU), stated he is the new Political Director of the new lazger local union. He stated the union that represented these workers was called Local 1227 and that union has merged with two other unions; one headquartered in Orlando and one in Pinellas County. Mr. Church stated he met with the City Manager a few weeks ago and understands that they have been bargaining on their current contract since September. He stated he is hoping for some movement on the contract and noted it is his job as Political Director of the Local to get the people in this azea more politically involved. -14- 11/20/07 At this point, the time being 6:55 p.m., Vice Mayor Fetzer called a recess unti17:00 p.m At this point, the time being 7:00 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.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 Boulevard and Old Germantown Road (4600 Linton Boulevard). (Quasi-Judicial Hearing (A Request was received to postpone this item) The caption of Ordinance No. 46-07 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, AMENDING SECTION 4.4.25(G), "S.A.D.s," TO ADD SUBSECTION (9) MIDTOWN DELRAY TO THE LIST OF APPROVED S.A.D.s; AMENDING ORDINANCE NO. 51-95 BY REPEALING SECTIONS RELATED TO THE BLOOD'S COMMERCIAL PROJECT MASTER PLAN AND PROVIDING FOR REVISED REGULATIONS GOVERNING THIS SPECIAL ACTIVITIES DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 46-07 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Attomey stated there has been a request from the applicant For a postponement to December 4, 2007. Mrs. Montague moved to postpone Ordinance No. 46-07 (Second Reading/Second Public Hearing to a date certain of December 4, 2007 at 7:00 p. m., -15- 11/20/07 seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Vice Mayor Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes. Said motion passed with a 4 to 0 vote. 10.A.1. APPEAL/Sl"1'E YLAly 1ZE V lr; W A1vU arrrnxni~~,r nvHali ACTIONS/MIDTOWN DELRAY: Consideration of an appeal regazding the Site Plan Review and Appearance Board's approval of the site plan, landscape plan and azchitectural elevations associated with the constmction of a proposed 116-unit townhouse development and 29,571 square foot medical office building known as Midtown Delray, located at 4600 Linton Boulevard. The City Attomey stated this is the appeal taken by the City Commission of the site plan. Mr. McDuffie moved to postpone the appeal regarding the Site Plan Review and Appearance Board's approval of the site plan to a date certain of December 4, 2007 at 7:00 p.m., seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Vice Mayor Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 0 vote. 10.B. ORDINANCE NO. 52-07: Consideration of a rezoning from R-1-A (Single Family Residential) to CF (Community Facilities) for 345 N.W. Sch Avenue to accommodate offices associated with the Achievement Centers for Children and Families, located at 555 N.W. 4th Street. The caption of Ordinance No. 52-07 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-1-A (SINGLE FAMILY RESIDENTIAL) DISTRICT TO CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING A PARCEL LOCATED AT THE SOUTHEAST CORNER OF NW 5"' AVENUE AND NW 4T" 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 EFFECTNE DATE. (The official copy of Ordinance No. 52-07 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. -16- 11/20/07 Mark McDonnell, Assistant Planning and Zoning Director, stated this is privately initiated from R-1-A (Single Family Residential) to CF (Community Facilities) which is the current location of the Achievement Centers for Children and Families, located at 555 N.W. 4`h Street. There is currently a 1,200 square foot single family dwelling (three bedroom two baths). The current zoning does not allow administrative offices and the change in zoning to CF would allow the administrative offices for three upper level management employees with the Achievement Center. Mr. McDonnell stated this application has been reviewed by the Planning and Zoning Board and the Board recommended approval and the Community Redevelopment Agency (CRA) recommended approval. Staff recommends approval. The City Attorney noted that there will be aQuasi-Judicial Public Hearing at the next regular meeting. Vice Mayor Fetzer declared the public hearing open. There being no one from the public who wished to address the Commission regazding Ordinance No. 52-07, the public hearing was closed. Mr. McDuffie moved to adopt Ordinance No. 52-07 on Second and FINAL Reading, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mr. Eliopoulos -Yes; Vice Mayor Fetzer -Yes. Said motion passed with a 4 to 0 vote. 10.C. ORDINANCE NO. 31-07 (SECOND READING/SECOND PUBLIC HEARING): Privately initiated amendment to the Land Development Regulations amending Section 4.4.24, "Old School Squaze Historic Arts District (OSSHAD)", Subsection 4.4.24(B), "Principal Uses and Structures", 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 Squaze Historic Arts District (OSSHAD) that is subject to the standards of the Central Business District (CBD) Zoning District. The caption of Ordinance No. 31-07 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)", SUBSECTION 4.4.24(B), "PRINCIPAL USES AND STRUCTURES" TO INCLUDE AN ADDITIONAL PROPERTY THAT IS ALLOWED THE PII2MITTID 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 -17- 11/20/07 SUBJECT TO THE STANDARDS OF THE CBD ZONING DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTNE DATE. (The official copy of Ordinance No. 31-07 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Dekay Beach, Florida. The City Attorney stated there has been a request from the applicant to postpone this item for another public hearing on Tuesday, February 19, 2008 at 7:00 p.m. Mrs. Montague moved to postpone Ordinance No. 31-07 to a date certain of February 19, 2008 at 7:00 p.m., seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mr. Eliopoulos -Yes; Vice Mayor Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 4 to 0 vote. 10.D. ORDINANCE NO. 22-07 (SECOND READING/ADOPTION HEARING FOR COMPREHENSIVE PLAN AMENDMENT 2007-21: Consider on second reading an ordinance adopting Comprehensive Plan Amendment 2007-2 and associated Future Land Use Map (FLUM) amendments. Amendment 2007-2 includes: The caption of Ordinance No. 22-07 is as follows: 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 EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT 2007-2" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTNE DATE. (The official copy of Ordinance No. 22-07 is on file in the City Clerk's office.) 1. Text Amendments: -18- 11/20/07 (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 azea 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. (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 for 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 block on either side of SW 12`h Avenue, between SW 2"a 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 azea 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. (vi) 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. (vii) Capital Improvement Element -Modification of Table SD-CIP, School District of Palm Beach County Capital Improvement Schedule. (viii)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 yeazs. -19- 11/20/07 (ix) 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). 2. Future Land Use Man Amendment: a. City initiated Future Land Use Map amendment for approximately 3.9 acres, located '/: block on either side of SW 12`h Avenue, between S.W. 2"a Street and S.W. 3`d Street, from LD (Residential Low Density 0-5 du/ac) to MD (Residential Medium Density 5-12 du/ac). The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Ron Hoggazd, AICP, Principal Planner, stated the Commission first saw Comprehensive Plan Amendment 2007-2 at the August 7, 2007 meeting at which time the Commission recommended approval on first reading and it was then forwazded to the Depaztment of Community Affairs (DCA) for their review. At that time, the amendment had one City initiated Future Land Use Map Amendment, four City initiated text amendments, and one privately initiated text amendment. Mr. Hoggard stated DCA reviewed the amendment and did not issue an Objections, Recommendations, and Comments (ORC) Report this year. Mr. Hoggard stated since this was submitted to the State, staff made four additional City initiated text amendments and those were the additions noted by the City Attorney earlier in the meeting. Those aze related to the Capital Improvement Element; one deals with the table CIP which is the City's five yeaz Capital Improvement schedule, the second addition was the Palm Beach County School District's Capital Improvement Schedule and per the agreement the City has to put their schedule into the Comprehensive Plan each year; modification of Capital Improvement Element Policy A-3.7 which references the School Board's Capital Improvement Schedule (the School Boazd amended their schedule this year and instead of being six yeazs they are now five yeazs and the Policy is being amended to reflect the five yeaz); modification of Capital Improvement Element Policy A-8.3 also refers to that same table and for the same issue. Those are the changes that are being added since the Commission saw it last so we now have eight (8) text amendments that are City initiated and the one (1) privately initiated text amendment. Mr. Hoggazd briefly reviewed the Text Amendments and the Future Land Use Map Amendments. Mr. Hoggard stated this was recommended for approval by the Community Redevelopment Agency (CRA) and the Planning and Zoning Boazd. Staff recommends approval. -20- 11/20/07 Mr. Hoggazd entered the Planning and Zoning Department project file #2007-243 and #2007-244 into the record. Vice Mayor Fetzer declared the public heating open. Alan Klasfield (owns two pieces of property inside the thatched area), stated the property was under contract and he was told eazlier this week they would not be able to close. Mr. Klasfield stated he is not sure if this is going to close in a timely fashion and wanted to make the Commission aware of this. Alice Finst, 707 Place Tavant, Delrav Beach, clarified that they are talking about the intersection at Atlantic Avenue and Military Trail and stated there is residential along there. She stated with regazd to the changes in the Carver Overlay and in the Southwest Area Overlay District (Text Amendments 4 & 5) she is concerned that they aze getting 24 units per acre and out west they are getting 30 units per acre. Mrs. Finst asked why they are getting additional density when in town it is not being given. She asked how many units extra can people expect in this acreage if you go from what was originally planned up to 30 units per acre. Mr. Hoggazd stated this is in the general commercial category and staff is not talking about the residential parcels. The areas that aze 24 units per acre closer into the downtown and the southwest azea are on smaller parcels and this is to allow for lazger aggregate properties. He stated it will be mixed use development; the residential with the non-residential development. Mr. Hoggazd stated the City is not getting any new units yet until someone comes in with a proposal and staff does not know what the mixture is going to be on the number of units. He stated currently you can have 12 units per acre in the GC (General Commercial) and the change is going from 12 to 30 units per acre but not all of this property is going to be residential. Staff did an analysis on the total number of units that aze possible. Mr. Hoggard stated the residential for the proposal under the current one could do 745 multi-family units and 863 if you developed all the property at the maximum of 30 units per acre. Mrs. Finst urged the Commission to look at more than just the acreage and she expressed concern over the living conditions of those people who are going to be impacted by this. She stated she feels it is unfair that the City is doing this to people out west of town when the City has set a standard for the people in town for something else. Jayne King 3400 Place Valencav, Delrav Beach, with this increased density asked if there will some sort of compensation for Palm Tran and increased amount of frequency of the buses that will be running as a result of the additional density and because of the workforce housing. She stated it probably will not be the case that the people who aze living there will be actually working there. Ms. King asked if there is any kind of consideration for some kind of a transit and not a negative impact of the cars. -21- 11/20/07 There being no one else from the public who wished to address the Commission regarding Ordinance No. 22-07, the public hearing was closed. Mr. Hoggazd explained that staff did not look specifically at a Palm Tran issue. He stated when the projects aze submitted for site plan approval then these issues are reviewed at that time (i.e bus stop locations, etc.). Mr. Hoggard stated this is just on the planning stage for making the land use applicable. Mr. McDuffie stated when some members of the Commission were on the Planning and Zoning Board before becoming members of the Commission, they were looking at places in Delray Beach to put Class "A" office space because there was virtually none and no available spaces for it and also be able to build business space. He stated the two azeas they chose were the Congress Corridor and the Four Comers Corridor not necessarily to attract massive amounts of residential but to give ourselves some Class "A" office space and a large enough azea to attract some quality businesses in there who could be able to pay our citizens enough money to buy a home and live here in the City of Delray Beach. Mr. Eliopoulos concurred with comments expressed by Commissioner Duffie and stated it is a lot harder to do a good mixed use project and get that balance and the density does have to be increased to make it work. Mrs. Montague stated this has been part of a series of plans that have been created and supported by previous Commissions. She stated this has been going on for a number of yeazs and the current Commission is at a point now where they can make their Comprehensive Plan changes. Mrs. Montague stated this is going to be developing for a number of yeazs and this is just the next step in that process. Mr. Eliopoulos moved to adopt Ordinance No. 22-07 on Second and FINAL Reading, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Vice Mayor Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes. Said motion passed with a 4 to 0 vote. 10.E. ORDINANCE NO. 55-U7 Ir'11t~'1 xr;nuitvuirix~t ruri,ii; 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)(6), "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. The caption of Ordinance No. 55-07 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT -22- 11/20/07 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. (The official copy of Ordinance No. 55-07 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Attorney stated this ordinance was scheduled fora first reading/first public hearing and there has been a request to postpone this item to December 4, 2007 at 7:00 p.m. because the Planning and Zoning Board tabled this item and the Board would like to discuss this further at their meeting on December 3, 2007. Mr. McDuffie moved to postpone Ordinance No. 55-07 (First Reading/First Public Heariny~ to a date certain of December 4, 2007 at 7.•00 p.m., seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Vice Mayor Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 0 vote. 10.F. ORDINANCE NO. 54-07: City initiated rezoning from R-1-A (Single Family Residential) District to RM (Medium Density Residential) District for approximately 3.9 acres, located % block on either side of S.W. 12w Avenue, between S.W. 2"d Street and S.W. 3'~ Street. The caption of Ordinance No. 54-07 is as follows: -23- 11/20/07 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 12Tx AVENUE, BETWEEN SW 2ND STREET AND SW 3"D 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 EFFECTNE DATE. (The official copy of Ordinance No. 54-07 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Vice Mayor Fetzer declazed the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 54-07, the public hearing was closed. Ron Hoggazd, AICP, Principal Planner, stated this is to go along with the Comprehensive Plan Amendment to go from LD (Low Density Residential, 0-5 units/acre) to MD (Medium Density Residential, 5-12 units/acre). This is to rezone the R-1-A (Single Family Residential) property to RM (Medium Density Residential). Mr. Hoggard stated at its meeting of July 12, 2007, the Community Redevelopment Agency (CRA) reviewed the rezoning and the Board recommended approval; at its meeting of July 16, 2007, the Planning and Zoning Board reviewed the rezoning and recommended approval. Staff recommends approval. Mr. Hoggard entered the Planning and Zoning Department project file #2007-243 and #2007-244 into the record. Mr. McDuffie moved to adopt Ordinance No. 54-07 on Second and FINAL Reading, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mr. Eliopoulos -Yes; Vice Mayor Fetzer -Yes. Said motion passed with a 4 to 0 vote. At this point, the time being 7:33 p.m., the Commission moved back to Item 11, Public Comments on Non-Agenda Items. -24- 11/20/07 11.B.3. Matthew Grabt-am, 3~u J E 7 avenue LC1131V nca.u i...a. ,,... Historic District), stated he was present at the Planning and Zoning Board Meeting and noted as part of the discussion a comment came from staff suggesting that the survey in the Marina District is being done by residents of the district with some kind of background in the subject matter. He stated he believes this is a conflict of interest and would like to seek some clarification and hopes that it is an independent professional firm that would conduct such a survey. He stated he was the only one present at the meeting who explained the implications of the ordinance before the Planning and Zoning Board and they understood it enough to where they chose to table the ordinance. Mr. Grabham stated the Board did not get that explanation from anyone else and if he had not been present at the Planning and Zoning Board Meeting the Commission would have been voting on it this evening. He stated this is a terrible detriment to the historic districts and expressed concern that long-term damage could be caused to the prospects and to the future of Delray Beach as a result of these changes going through without everyone getting their fair chance to contribute. At this point, the time being 7:36 p.m., the Commission adjourned for the Closed Attorney/Client Session. 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-CfV-Middlebrooks Attendees: Mayor Rita Ellis -Absent Commissioner Gary P. Eliopoulos Commissioner Fred B. Fetzer Commissioner Woodie McDuffie Commissioner Brenda B. Montague City Manager David Harden City Attorney Susan Ruby Police Legal Advisor Cathy Kozol -Absent Attorney Fred Gelston A certified court reporter Purpose: Discuss settlement negotiations and strategy related to litigation expenditures in the above case. The City Attorney stated the purpose of this closed door session in the case of Kenneth Miller versus Darren Cogoni, et al is to seek advice regarding settlement negotiations and strategy related to litigation expenditures. The City Attorney read the following statement into the record as required by law: "The City of Delray Beach 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 -25- 11/20/07 session shall be 20 minutes. The following persons will be attending: Commissioners Gary Eliopoulos, Vice Mayor Fred Fetzer, Woodie McDuffie, and Brenda Montague, City Manager David Harden, City Attorney Susan Ruby, Attorney Fred Gelston and a certified court report." The City Attorney noted that Mayor Rita Ellis and Police Legal Advisor Cathy Kozol are both absent. At this point, the time being 8:01 p.m., the Commission reconvened the meeting. 15. SETTLEMENT OF: Kenneth Miller, et al. v. Darren Cogoni, et al Case No. 07-80249-CIV-Middlebrooks The City Attorney stated the City Commission previously approved a settlement; however, this is a new motion to also approve the settlement subject to obtaining an appropriate Hold Harmless Agreement from the other law firm (Willie Gary) and also releases from the personal representative on behalf of all the survivors and himself. Mr. McDuffie moved to approve the settlement in the Kenneth Miller, et al v Darren Cogoni, et al subject to the City Attorney obtaining an appropriate Hold Harmless Agreement from the Willie Gary law firm and also releases from the personal representative on behalf of all the survivors and himself, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mr. Eliopoulos - Yes; Vice Mayor Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 4 to 0 vote. At this point, the City Manager stated Police Chief Schroeder prepared a Parent/Teacher Guide to Gang Recognition and distributed copies to the City Commission. There being no further business, Vice Mayor Fetzer declared the meeting adjourned at 8:03 p.m. Clerk ATTEST: MAYOR -26- 11/20/07 The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regulaz City Commission Meeting held on November 20, 2007, which Minutes were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the Minutes you have received aze not completed as indicated above, this means they aze not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. _27_ 11/20/07 RESOLUTION NO. 68-07 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING MARK S. DAMS FOR THIRTY YF,A&S OF DEDICATED SERVICE TO THE CITY OF DELRAY BEACH. WHEREAS, Mazk S. Davis was hired by the City of Delray Beach as a Police Officer on November 28, 1977; and WHEREAS, on November 28, 2007 Mark S. Davis reached a milestone in his career, having achieved thirty (30) yeazs of continuous, full-time service with the Delray Beach Police Department; and WHEREAS, during the past thirty years Mazk S. Davis has served this community with honor and distinction as Police Officer, Sergeant, Lieutenant and Captain. WHEREAS, Mazk S. Davis has served the community in many other ways including chazity fund raising, special events and civic endeavors; and WHEREAS, Mazk S. Davis' warmth, kindness and compassion are well known and recognized throughout the City of Delray Beach and these attributes serve as a reminder to us all to seek opportunities for service ro our fellow man; and WHEREAS, the City of Delray Beach and the Delray Beach Police Department are honored ro have had Mazk S. Davis as a valued member of the municipal team over the past 30 yeazs and he will be missed by his co- workers and the entire city staff. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Ciry Commission of the Ctry of Delray Beach hereby recognizes and commends Mazk S. Davis for thirty years of dedicated and faithful public service. Section 2. That the City Commission hereby congratulates and expresses sincere thanks and appreciation to Mark S. Davis for his many years of service, and further wishes him the best of health and happiness as he enjoys retirement and the many new opportunities which aze sure ro come his way. PASSED AND ADOPTED in regular session on this the 4i° day of December 2007. MAYOR ATTEST: CITY CLERIC ~. MEMORANDUM TO: Mayor and City Commissioners ~, M FROM: City Manager ~ ~S~Y~^'FU DATE: November 13, 2007 SUBJECT: AGENDA ITEM -REGULAR COMMISSION MEETING OF DECEMBER 4 2007 RATIFICATION OF APPOINTMENTS TO THE HIDS AND COPS COMMITTEE ITEM BEFORE COMMISSION This item is before the Commission for ratification of appointments to the Kids and Cops Committee. BACKGROUND The Kids and Cops Committee was established as an advisory boazd to the City Commission in May, 1994 with the adoption of Ordinance No. 20-94 and is being revised by Ordinance 56-07 to clarify the composition of the committee. Its primazy goal is to strengthen the relationship between the local youth of our community and members of the Delray Beach Police Depaztment through various programs and activities. It is composed of representatives from the City's Police and Pazks and Recreation Departments, as well as, representatives from the Delray Beach public schools. The membership also includes "At Lazge Representatives" which provides the opportunity for interested residents to participate in the program. The City Commission directly appoints members to fill the "Citizen at Lazge" and "At Large Representative" categories. The other appointments aze made by the various groups involved and presented to the Commission for ratification. The current appointees for ratification are: Position Oreanization Represented Maxx Benn (Incumbent) Aftereaze Coordinator SD Spady Elementary Danielle Beardsley (Incumbent) Recreation Supervisor Parks & Recreation Dept. William Fay (Incumbent) Principal Banyan Creek Elementary Cheryl McKeever (Incumbent) Principal Crosspointe Elementary Jeffrey Messer (Incumbent) Police Officer Police Department SA Yvonne Odom Shirley Santiago Edward Smith (Incumbent) (Incumbent) (Incumbent) RECOMMENDATION Educator Guidance Counselor Crime Analyst Carver Middle Plumosa Elementary Police Department Recommend ratification of the various appointments to the Kids and Cops Committee to serve two (2) year terms ending November 30, 2009. 11/07 HIDS AND COPS TERM EXPIRES REGULAR MEMBERS ORGANIZATION REPRESENTED Vacant Atlantic High Vacant Atlantic High (student) 11/30/2007 William J. Fay, Jx. (Principal) Banyan Creek Ratified 02/07/06 Ratified 11/07/07 11/30/2007 Yvonne Odom Carver Middle Ratified o2/o7/oG PBC School District Ratified 11/07/U7 11/30/2007 Cheryl McKeever Crosspointe Elementary Unexp Appt U9/OG/UG Ratified 11/17/06 Ratified 11/U7/07 11/30/2007 Paul DeDomenico Village Academy Ratified 11/07/07 Vacant Pine Grove Elementary 11/30/2007 Shirley Santiago Plumosa Elementary Unexp Appt U9/06/06 Ratified 1/2/07 Ratified 11/7/07 11/30/2007 Maxx Benn S.D. Spady Elementazy Unexp Appt 09/06/06 Ratified 71/17/06 Ratified 11/(17/07 11/30/2007 Cory Cassidy Citizen at Large Ratified 02/07/06 Ratified 11/07/07 11/30/2007 Danielle Beardsley Pazks and Recreation Rafified 02/07/06 Rafified 11/07/07 11/30/2007 Jeffrey Messer, Chair Police Department Orig Appt 1997 Ratified 02/07/06 RatiFed 11/07/07 11/30/2007 Edwazd Smith Police Department Ratified 02/07/06 Ratified I1/U7/U7 11/30/2007 Jennifer Buce, Vice Chair At Large Representative Org Appt 04/97 Reappt 02/07/06 Ratified 11/07/07 11/30/2007 Francis Moschette At Large Representative Reappt 02/(17/06 Ratified 11/07/U7 Contact: Jeff Messer - 243-7841 S/City Clerk/Board 07/Kids & Cops DELRAY BEACH AlMmericaCity ~IIII~ 1993 2001 CITY OF DELRAY BEACH ~~D BOARD MEMBER APPLICATIO~G~~ Please type or print the following information: 1. L t Name: 4 Name M.I. n ff' 2. Homeddress•/ / ~ ~ C ~ S~e Zi Cod~e~ 3. Legal Resident : l ~ ~ % ~ ~ Ci State rL Zip Code 2JV2 ~J2 4. Principal Busine Address: D ~ ~~ City lie ,BP~C•~ State FC Zip Code 33/y~/ 5. Home Phone: l- X35-530 .Business Phone: G ~ v5~/--7SSo2 ~ ~E~ai~AddxMSS: _ ~ (~i~/'A,/FGL1G'RV~tS Cell Phone: ~~ /- 3/Q-~15C7~ Fax: rj ~,/ ~ 3 ~ -) 530 6. Date of B~ th ~~ a.y~9~s 7. Are you a registered voter? If so, whey are you re tered? ~e S ,~yN~~ti ,~~rc 8. What Boazd(s) a re you interested in serving? Please list in order of preference: y 'S / i. List all. City Boards on hich you aze currently serving or have previously served: (Please include dates) 10. Educational qualifications: ~~ ~ t t I;7 T,[OA~ 11. List any related pro ssional certifications and licenses which you hold: 12. Give your present, or most recent employer, and position: /h ~/ .a. ~ o 13. Describe experie ces, skills or knowledge ~ch qualify you to serve on this boazd: (Please attach a brief resume) I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts contained ' s applicati ay cause forfeiture upon my part ofany appointment I may eceiv~. _ ~Q ~~ V SIGNATU DATE Nov ~ 2 2p06 ~~ ~~~ G~~-l ~ ~' L 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. ~--- ~ „ _; , / UELWIY BEACH 1 ~ ~ CITY OF DELRAY BEACH f ~1 ~~ I ~'® BOARD MEMBER APPLICA~~~NE~VED 1993 QCT ~ 4 2~~~ 2001 Please type or ptittt the following information: C'~TY ~'~'~~K __--_ 1. Last Name: r, ~('(ir^ ~le.~ First Name ~Ctnlel~~. M. I. ~' t 2. Home Addre ~ ~ City S to Zip Code 3. Legal Residence: )y~tl 6U. ~-ICrd~•~ ~-. Ci ~CinfCZncti State F~ Zip Code 3~~1~i~ 4. Principal Business Address: Ciry State Zip Code 5. Home Phone: ~(~l ~3-~~7 Business Phone: E-Mad Address: ~#~a~c~~~ ~~ c,~1 Cell Phone: a ~b~~ctch t Fax: 6. Date of Birth 31.~i~ 7~ 7. Are you a registered voter? If so, where are you registered? ~ t <.zr~ f c2 n ~~ 8. What Board(s) are you inter sted ins ing? Please list in order of preference: a ). List all City Boards on which you are c rrentiy serving or have previously served: (Please include dates) 10. Educational qualifications: 11. List any related professional certifications and licenses which you hold: 12. Give our present or }~ost rec t employer, and osidon F _L P ~ i '~~ 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 aze true, and I agree and understand that any misstatement of material facts contained in this appli,cation may cause forfeiture upon my part of any appointment I may receiev7e. SIGNATURE DATE Note: This application will remain on file in the Ciry Clerk's Office fox 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. DEIRAY BEACH MA1 AnbrlceC ~~R~'i~~~„i~® ~' ~~ CITY OF DELRAY BEAC~p 0 ~ 2006 I I ® BOARD MEMBER APPLICATIQ~~~:t~'~ 1993 ~ ~~ ' 2001 Please a or tint the folio information• / ~~~ d a 1. Last Name: N e 1M'B 1 ~~ ~. I~ 2. Home Address: ~ ~ ~ ^ ~ ~r~,~ O State ~ ~J Zi Co ~ 4- h 3. Legal Residence: City State Zip Code ----- 4. Principal Business Address: City State --- Zip Codc / y~S®~Cl~at~1n ~cx~~' ) (~~i ~~ ~~'~~~ mpe~Phone':)~/ Business Phone: ~M '' Address: Cell Phone: Pte; 6. Are you a registered Toter? ~ S IF so, where arc y~ m~istered? f 7. lT'hat Boud(s) uc you inter in s rviag? Pl ase li order of preference: S r t 8. List all Gt}• Bouds on which you u currently serving or have previously served: (Please include dates) 9. Educational qualificarions: ~ • ~ cCl ~J ~ ~ n ~r c: ) (~FiC~ ~ ~ ~- ~" s I . 1w, G.Y.( (UV t~ ~ 10. List an (elate rofess' certifications and licenses which you hold: ~wv~~r 71. Give your pr or mo recent employer, and position: tom'{` i .~ l2. Describe ezperientts, skills or knowledge which qualify you to serve on this beard: (please attach a baef resume) I hereby certify That all the above statements are true, sad I agree and ttttdererand that any ntissmtemeat of material fists in this ap cation may Huse forfdtttre ttpon say part of any appointment I m T ' ee ve. SIGNATURE DATE Note: This a licarion will fil S pp remam on e m the ctty Clerk s Office for a peaod of 2 yeas from the date it was submitted. It will be the applicant's responsibility to ensttre that a current application is on file. rmraeucvaw.tnuuria, .~~ J~ ~ DELRAY BEACN ~' IIp~Ar~rli~City ~ ~~%~~ ~ CITY OF DELRAY BEACH .~~~ ~' '® BOARD MEMBER APPLICATIOwAN i ,< 20 06 lv.w~,,~ Please type or print the following infnrmarinn- 1. Last Name: Name ~!~ M. I~ 2. Ho e Address: ~/ ~C_•( r' ~~D~ Star ~ip Cg~~ ~ t 3. Le a1 Res den~e~Q~~~~,,,,,~A~ ~YYi` City State Zip C ode 4. PriAAncippa_l Business Address: City State Zip Code i4'L. L F D 33rk4~ ~ LRR~ ~r-t~2f ~ 3~ ~{!~ 5. Home Phone: ~~ ~ Business Phone: E-Mail Address: Cell Phone: Fax: - -Gz ~S~ 5~~-G3~-z~s 5~`/~u.~~ --' - 6. Are you a registered voter? ~ S If so, where are you register ~ ~ if DNS 7. What Board(s) are you interested in serving? Please lis~n order of preference: i 8. List all City Boards on which you are currently servin @r have previously served: (Please includ t e dates) J N 9. Educational qualifications : , ~t~ 10. List any related profess al certifications and licenses which you hold: ~ ~rG ~ c_ tl. Give your present, or ost recent em Toyer, and position: r_ 12. Describe experiences, skills or knowledge which qualify you to serve on this board: (Ple e a c a brief res ) s I hereby certify that all the above s emen aze true, and I agree and understand that any misstatement of material facts ' con ned in this application ma cause fo enure upon my part of any appointment I may receive. t /3 SIGNATURE DATE - •~~~• _...~ .,yL,.a.ai.vu .v.,. rcmam on me m me terry t.terk's Utttce 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. S1CnYCLERK~BOAADUPPLICATION DELRAY BFACH ~~ 1v E~ ~~ ~ CITY OF DELRAY BEACH oV 0 2 2006. I I I I® BOARD MEMBER APPLICATIONS ~~~ GL zoo GS~~ Please type or print the followin8 information: ~// ~~~ 1. Iast Na e• ^ r C Name e ,/ l•- M. I 2. o dress• ~'~ 3 Co~~~ beef ity ire S ~~ Zi Code 3. Ixgal Residence: ~~e A5 ao~e~ City State - Zip Code - 4. Principal Business Address: City State Zip Code ome Phone: ~ ~~f -~ ~~ S Bus es hone: ~~~-f ~. ~FIC~ E-Mail Address: Mc~cv~~ P,~ine: ~~ " i~~°~s~ Fax: 6. Date of Birth 7. Are you a registered voter? If so, wbexe are you registered? 8. What Boazd(s) are you inter sted in serving? Please list in order of preference: ~~ Q.t~~ List all City Boards on which you are currendyserving or have previously served: (Please include dates) 10. Educ tional qualifications: v l)~ 11. List an C5r related professio al certi ~JY -C/~S cations and licenses which you hold: j rs C.e~~i'~i' 72. Give our present, or most recent e ployer, and position: c~ e 7 ~~a B 2~ " 13_ Describe experiences, skillas o~knowledS which qualify you tpserve on this boazd: (Please attach abrief resume) cL C.cJO ci ~J a _ ~ - s ~U I her t the above statements aze true, and I agree and understand that any misstatement of material facts co ~ d ' & a ay cause Forfeiture upon my pazt of any appointment I ay r ceive. ~ i D~ SI NA RE DATE Note: 's application will remain on file in the City Clerk's Office fox 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. ~_ // d~U ~ o~tw,r e~CM ~~,~ ~ ~ Zoos ~ ,, i~~a~ ~® CITY OF DELRAY BEACI'~~-~~ ,W~ - ~ ` BOARD MEMBER APPLICATION 7993 2001 Please type or print the follnwittti infnitn~t;nn. f. Last Namc: ~~ ----- -- Nam M. L F~~ ~ 2. Home Address: City Stau . Zip Codz 3. Legal Residrnce: City Stau Zip Codc 4. Principal Business Address: City Srau Zip Codc 5. Homc Phone: Business Phone: EMail Addres : Cell Phone: Fax; CSSESI ~Ci. ~~l0.tc(- v~ Zu3`18y ~.. F-.v~ ~b~~141-0~~ 6. Arc you a registered voter? ~ If so, where ue you registered? ~ 7. Di'hat Boud(s) ue you interested in serving? Please list in order of preference: - ~ a -\ B. list all City- Bouds on which y^ u are currently serving or have previously served; (Please include dates) ,` ~ ~y 9. fiducadonal quali tcations: 10. List an y r datzd professional certifications and licrnses which you hold: ( ~ ~°`~~ t~ ~. Q tF ~`~ `1L F~ t ~ 11. Gi ve your present, or most recent employer, and position: v 72 Dam e:pcriences,skills o knowledge which gttalifp you m scree bdard: (please mach a brief resume) \-\. ~. I hereby certify that all the above statements ate true, and I agree and utrderttand that any m;•sistetnent of matcmal facts en--n~ained in this application Inay cause fotfdtttre upon my part of any appointment I ma merv y e. c SIGNA RE DATE Nefr. T'hie ~nnliroe:n.. ...al . _ et_ n_ _~_ ~:__ rt_ .. s_ .. --- -rr------ --- •~»•-••• ~_• ...~ ~. u,~ ..ary wcra s vracc ror a pence of 2 years from thrdate it was submitted. It will be the applicant's mponsibility to enstru that a t:urrent application is on files s'on'~arwuwsntxwttoa i'~'" ~ DELRAYBEACH ~.~ ~ ~ _ ,~A~ 1 ? X006 ~® CITY OF DELRAY BEAC1~~-~~' ~~ ~d~ ,F~ I ~ BOARD MEMBER APPLICATION 7993 2001 PlC95e type OI Mint the fnllnorine infn.,..e«..... ]. Last Name: ~ Jim- - - Name U I/ON.~IC? M.L./. 2. Home Address: City p S ~ Code 3. Legal Residrnce: City State Zip Codc 4. Principal Business Address: Gty State Zip Cock 5. Home Phone: Business Phone: liMail Address: Cell Phone: Pte; ~/~`18~K91L (93~-a/oC~ e vrJo~r, l,Com a-o7/D 6. Are you a regisured voter? ~s If so, where are you registucd? 7. ~C'h/at Boud(s) ue you interested in serving? Please list in order of preferrnce: 6~1 CIS c~,~zd Co s 8. lis//tall City Boards on which you ue eurrrntly serving or have previously arced: (Please include dates) 9. Educationalqualifcations: s 10. Lis an} related professio erti Ca ' ns and licenses whit you hold: , ~~~ ~-~_ 11. Gi your pmsent, or most recrnt employer, and posiri ]2. Des 'be rien ,.skills or knowledge which to serve op this board: (pleax attach a brief resume) _ .~L ~~- ~ ~ I by certify that all the c statements ate e, I agree and tmderstand that any tnisataument of material 6crs ' din this applicaa~`~ftxfdture upon rrty Put of any appointment I q m ' a. `" D/ ~/ ~~ DATE ~ " NOte: This annlirotinn ndll . ., QL :_ a_ ~`:~. ~~,_._ ..m • . ------- --- .---.-~. ~~ -~- ~• ~~ W.y ~rca,e a vrnce ror a penoti of z years from the dart it was submitted. It will be dtc applicant's responsibility to ensure that a current application is on file. sctrrarsavo~aowruutaar REGEIVE~ CITY OF DELRAY BEACH ppEC 0 7 2006 I, .BOARD MEMBER APPLICATION ,99s CITY CLERK zoo, Please type of print the following information: J~Y /~ 1. Last Name: ~ /, ~ ~. ,l Nam e ~ / j J '! /( ~ I.~ 2. 3 o d AN~s ~h ~~ ~d3 e ' ~ ~ Ct~(~o S~! 330de 3. Legal Residence: City State Zip Code ~" 4. Principal Business Address: /Q ro,iSer E7.Pm City Sta te Zip Code ' / ~C/ /t~ 1~cQ U/1 ~ j ' /~ ~~ 5. me Phone: ~ Bus s Phone: ~ )1Mai1 Address: Ce Phone: ~ Fax: _ s~qd -3~~8~ 3~>~Go~ n~iq sa7~/..~[xuch .K .~ u~~~ ' v. nre you a registered voter? -lt so, where aze you registered? , O/'C~ ~^~~ 7. What Boazd(s) ate you interested in serving? Please list in order of preference: ~~ 8. List all City Boards on which you ate curtendy serviog or have previously served (Please include dates) 9. 10. List any t~ylaa~ed ptofessi nal certifications and licenses which you hold K-/~ UUi~'~nri ~i~n<ol~i' tl. G}-~a you; ptesen of most recent employer, and positioa 1>/ UmhSr ~///I~QJ~//'(/ ~- ~TI~i /]~/i~ r7/ nJ1 ii77.SP`d /' l~llescribe eapetiences, skills of knowledge which ualiEy you to serve on this board (Please ttach a brief resume) `~JS ~ cz~nsv~~ w~r~S~u u~l~~/~s~an~3 ,~a,,.~~~ ~h~/~~rn , I I hereby cetlify that all the above statements aze tme, and I agree and understand that any misstatement of tnatetial facts con - this app ~ lion may cause forfeiture upon my part of any appointment I may ~eceive- DAT~ GNATU / /~~~/D 1 Note: 'T'his application will remain on file in the City Clerl~s Office for a period of 2 yeazs from the date it was submitted It will be the applicant's responsibility to ensuie-that a current application is on file- s~tnva~~eonaa,~eeuanoN: OELRAY BEACH ~~ ~~ I) 1993 2001 {g--y1 @ ., JAtd 1 coos CITY OF DELRAY BEACI~~•~q r,~~.,{~--~?t~ BOARD MEMBER APPLICATION or mi /S(oo Nte.1 • oZa~vo iq/~ • Wr A ~~4CH FG 33 e.~e 3. Legal Residrnce: 1S(, o ,cJty ~~,q ,Zf (~ • Ci 9' A ~/~ Stau ~(,. Zip Cock 33yt~s- 4. Principal Business Address: City Stau Zip Cods X712,0 ~fh~e1J FbClC~ C.r1A eB[~~1 ~'~ 335~'~ 3. Home hone: Business Phone: E-Mail Address: Cell Phone: paX; s~~-ass=~~2s s~~~-ay3~y~ SM,~,~,•~ S6~. ays~~i6 6. Are you regjstered voter? If so, where ue qou rep~stued? 7. What Boud(s) ue you interested in serving? Please list in order of prefcrrnce: v. r_ _ .r. ..>.- 8. list all Cit}~ Bouds on which }•ou ue eurrrndp serving oz have previously served: (Please include dates) F!/ ~ .~ -.e- na ./ r ]0. List any or you nerve on this hood: (please attach a l hereby certify that all m above statements are true, and I agree and tmderstand drat any tnisstatemeht oCmateaal faar contained in this appl' 'on may v e forfeiture upon my part of uty sppoiDtment I may mwe. SIGNA RE ~ DATE Nou: Phis application will remain on file in the City Clerk's Office for a pt~od of 2 gears from the date it was r..~uuu~.u. ai wiu ar< rrrc appucant b rCSpOi1SlDlnty t0 CnSnIe thlt a eilITent ippheanon Is On Elie. a'QfYQAICV OAaDNR1JG~710M MEMORANDUM TO: Mayor and City Commissioners FROM: Richazd C. Hasko, P.E., Environmental Services Director THROUGH: David T. Hazden, City Manager ~ ~SiS~'~ C/ -1 DATE: November 27, 2007 SUBJECT: .AGENDA ITEM -REGULAR COMMISSION.MEETING OF DECEMBER 4, 2007 RESOLUTION NO.69-07 - SFWMD GRANT AGREEMENT ITEM BEFORE COMMISSION Staff requests Commission authorization for the Mayor to execute an Alternative Water Supply Grant Agreement with the South Florida Water Management District, providing grant funding in the amount of $619,700 for the construction of the Area 4 Reclaimed Water Transmission System project. The City has implemented and expanded it's reclaimed water transmission system over the past four years, focusing on bringing reclaimed water for irrigation to golf courses and other high flow users in the southwest quadrant of the City. Customers currently on line include the Delray Beach Municipal Golf Course, The Hamlet Golf Course and the Fairways and Cleazbrook subdivisions. Additional connections planned for this yeaz include Atlantic High School and Lakeview Golf Course. The Area 4 project will provide approximately 650,000 gallons per day of reclaimed water for irrigation to the Del Aire Golf Course, removing that irrigation demand from the ground water resource. The City was awarded an Alternative Water Supply Grant in the amount of $619,700 earlier this yeaz to provide supplemental funding for this project. The project will be bid in December and construction will be complete by August, 2008. The current project construction cost is estimated at $1,771,000. It shoud be noted that while the grant is currently funded at the awazded level, ongoing state budget activity could negatively impact that funding. FUNDING SOURCE Funding for the City's portion of the project cost is available in Water & Sewer account #441-5181-536- 65.96, Reclaimed Transmission Main. Staff recommends Commission authorize the Mayor to execute the Alternative Water Supply Grant agreement with South Florida Water Management District. 8~8 RESOLUTION N0.69-07 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE SFWMD 2007-2008 ALTERNATIVE WATER SUPPLY FUNDING PROGRAM AGREEEMENT AND AUTHORIZING THE EXECUTION OF THE AGREEMENT. WHEREAS, THE City of Delray Beach, Florida desires to approve the SFWMD 2007-2008 Alternative Water Supply Funding Program Agreement; and WHEREAS, the City Commission authorizes the execution of the Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitals set forth above are incorporated as if fully set forth herein. Section 2. The City Commission of the City of Delray Beach authorizes the entry into the SFWMD 2007-2008 Altemative Water Supply Funding Program Agreement and authorizes the execution thereof by its Mayor. PASSED AND ADOPTED in regular session on this 4'" day of December, 2007. YOR ATTEST: City Clerk `~~,.ick M ~ l~~cr ~ ~ y OS, y7~ SOUTH FLORIDA WATER MANAGEMENT DISTRICT November 19, 2007 Mr. Richard Hasko, Director of Environmental Services City of Delray Beach 434 South Swinton Ave. Delray Beach, FL 33444 Dear Mr. Hasko: Subject: Contract # 4600001231 FY2008 AWS-Projects #LEC-41 Please find enclosed two (2) copies of the subject document. Please have them signed by an individual with signature authority on behalf of your organization. Please include documentation to demonstrate official delegation of signature authority up to the contract monetary limits. Please return both copies to my attention, along with, if applicable and not previously submitted, a Certificate of Insurance reflecting the required coverage(s). Do not date the documents, a fully signed document will be returned to you upon execution by the South Florida Water Management District (District). Note that this document is not binding on the parties until it is approved by the appropriate level of authority within the District and executed by both parties. - Your cooperation and timely response will be greatly appreciated. Should there be any questions, or if you require any additional information, please contact me. Sincerely, Betty aye~J r~~~ Senior Contract Specialist Procurement Department bthayer@sfwmd.gov (561)682-6011 FAX: (561) 682-5117 BT /jcs Enclosure c: Mark Elsner MSC-4360 < ~~~°~> 3301 Gun Club Road West Palm Beach, Plorida 33406 (561) 686-8800 FL WATS 1-800-432-2045 Mailing Address: P O. Box 24680, West Palm Beach, FL 334I6-4680 wwwsfwmd.gov ORIGINAL J SOUTH FLORIDA WATER MANAGEMENT DISTRICT ~_ __~,: 2007 - 2008 ALTERNATIVE WATER SUPPLY FUNDING PROGRAM Recipient: City of Delray Beach Recipient's Project Manager: Richard Hasko Director of Environmental Services Address: 434 South Swinton Ave Delray Beach, FL 33444 Telephone No: (561) 243-7336 Fax No: (561} 243-7060 SFWMD Project Manager: Mark Elsner Telephone No.: (561) 682-6156 E-mail Address: melsner@sfvvmd.gov Faz No. (561) 682-5242 Contract Specialist: Betty Thayer Telephone No.: (561) 682-6011 FaxNo.: (561)682-5117 Address: 3301 Gun Club Road West Palm Beach, FL 33406 Federal Employer Identification Number: AWS -Project # LEC-4l 7775 Description: South Central Regional Wastewater Treatment Plant (SCRW WTP) Regional Reclaimed Water System: Part 2 of 3: City of Delray Beach Area 4 Reclaimed Water Distribution System Agreement No. 4600001231,Page 1 of 11 This Agreement is entered into between `4he Parties," the South Florida Water Management District, the "District", and the undersigned party, hereinafter referred to as the "Recipient " The Recipient warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms and conditions of this Agreement, and shall abide by all legal, financial and reporting requirements, such as matching funds and final reports for all funding received by the Recipient from the District. ARTICLE 1-PROJECT 1.1 The Recipient shall, to the satisfaction of the District, fully and timely construct and perform all work items described in the "Statement of Work," attached hereto as Exhibit "A", hereinafrer referred to as the "Project", and made a part of this Agreement. 1.2 As part of the deliverables to be provided by the Recipient under this Agreement, the Recipient shall substantiate, in whatever form reasonably requested by the District, any supporting documentation utilized as a basis for payment by the District. This paragraph shall survive the expiration or termination of this Agreement. 13 Attached to this Agreement are the following exhibits which are incorporated herein: Exhibit A Statement of Work Exhibit B Payment and Deliverable Schedule Exhibit C Reporting Form Exhibit D Federal/State Funding Resources ARTICLE 2 -TERM OF THE AGREEMENT 2.1 The period of performance of this Agreement shall be the dates noted on the first page of this Agreement. 2.2 The Parties agree that time is of the essence in the performance of each and every obligation under this Agreement. ARTICLE 3 -COMPENSATION /CONSIDERATION 3.1 As consideration for the Project required by this Agreement, the District shall pay the Recipient the funding amount as specified on page one of this Agreement. Such amount is not to exceed the specified amount and therefore, no additional consideration shall be authorized. The Recipient shall provide at least sixty percent (60%) of the Project's construction cost, unless a different amount is authorized pursuant to s. 373.1961(3)(e), Florida Statutes. The District will make funding payments only to reimburse for work completed between October 1, 2007 and August 29, 2008. Agreement No. 4600001231, Page 2 of 11 3.2 The Recipient assumes sole responsibility for all work which is performed pursuant to Exhibit "A". By providing funding hereunder, the District does not make any warranty, guaranty or any representation whatsoever regarding any of the work performed hereunder, including but not limited to, the adequacy or sufficiency of all or any part of work described in Exhibit "A". 3.3 The Recipient hereby agrees not to use District funding for any work associated with the research, design and permitting aspects of the Project. District funds shall only be used for the construction activities described in Exhibit "A". 3.4 The Recipient agrees to reimburse the District funds provided through this Agreement for facilities (i.e. test/production wells, etc.} that do not become an operational component of the overall alternative water supply facility within the timeframe established in the proposal. Notwithstanding anything in this Agreement to the contrazy, this paragraph shall remain in full force and effect for ten (] 0) years from the date of contract execution. 3.5 Notwithstanding any provisions of this Agreement to contrary, the District reserves the right, without financial or other penalty or obligation, to (1) cancel this contract and/or (2) reduce the amount of funding to be provided by the District pursuant to this Agreement in the event that the District does not receive all or any part of the $18,000,000 state appropriation for alternative water supply from the State of Florida as provided in the State's 2008 fiscal year budget (SB 2800/Ch. 2007-72, Laws of Florida). The Recipient shall indemnify and hold the District, its officers, directors boazd members, agents assigns and employees, from liability, claims, damages, losses or costs should the District cancel this Agreement or reduce the funding amounts in this contract pursuant to this paragraph. ARTICLE 4 -FUNDING PAYMENTS AND REPORTING 4.1 The District shall make payment to the Recipient upon completion and acceptance of the final deliverable(s) as described in the "Payment and Deliverable Schedule", attached hereto as Exhibit "B". On or before August 29, 2008, the Recipient shall provide a completed Project Summary Final Report, attached hereto as Exhibit "C". Concurrent with delivery of the final deliverable(s), the Recipient shall provide certification that all construction has been completed in accordance with Exhibit "A" of this Agreement. 4.2 The Recipient's invoice(s) shall reference the District's Agreement Number and shall be sent to the following address: South Florida Water Management District ATTN: Accounts Payable PO Box 24682 West Palm Beach, FL 33416-4682 The Recipient shall not submit an invoice to any other address at the District. In order to expedite the invoice review and approval process, the Recipient also shall submit an Agreement No. 460000123 ],Page 3 of I 1 electronic copy of each invoice to the Project Manager. The Recipient invoices shall contain the backup documentation necessary (e.g., contractor invoices) for the Project Manager to be able to ascertain clearly that each final deliverable in the invoice has been substantially complete. 4.3. Upon completion of the Project, any data that was generated during the performance of the Project shall be submitted to the District upon request. New Well Construction Proiects: For projects involving construction of new wells, the Recipient shall: 1. Submit design of well construction and testing programs to the District for review and comment prior to implementation. The Recipient shall integrate the District's comments into the final testing plan where feasible. 2. Submit all pertinent well information collected during well construction and testing (i.e., depths, cuttings descriptions, geophysical logs, aquifer test data, etc.}, as available. Submissions shall be provided electronically as specified by the District. 3. If the final location of the well(s) varies from the original location specified in the Consumptive Use or other permit or permit applications, the Recipient shall provide the Project Manager with written proof that the appropriate permitting agency contact is awaze of and agrees with the changes. The data shall be azchived in the District's permanent database and available to the public. Please contact Emily Richardson (561) 682-6824, Emily.Richazdsonnasfwmdsov, for instructions on submitting data. 4.4 The Recipient shall provide to the District regulaz project update/status reports by December 1, 2007, February 1, 2008; April 1, 2008; and Tune 1, 2008. Reports shall provide detail on the progress of the Project and outline any potential issues affecting Project completion or overall schedule. Status reports may be submitted in any form agreed to by District project manager and the Recipient, and may include emails, memos, and letters. 4.5 In accordance with Section 373.0361 (7) (b) of the Florida Statutes, the Recipient shall provide an annual status update to the District detailing the progress of the Project. ARTICLE 5 -CONTRACT MANAGEMENT 5.1 The Parties shall direct all matters arising in connection with the performance of this Agreement to the attention of the Project Manager for attempted resolution or action. The Project Manager shall be responsible for overall coordination and oversight relating to the performance of this Agreement. 5.2 All notices, demands or other cornmunications regarding this Agreement, other than those set forth in paragraph 4.2 above, shall be in writing and forwarded to the attention of both Ageement No. 4600001231, Page 4 of I 1 the Project Manager and the Contract Specialist noted on the first page of this Agreement by certified mail, return receipt requested. 5.3 Should either Party change its address, written notice of such new address shall promptly be sent to the other Party. 5.4 All correspondence to the District under this Agreement shall reference the District's Agreement Number. ARTICLE 6 -TERMINATION /REMEDIES 6.1 It is the policy of the District to encourage good business practices by requiring recipients to materially perform in accordance with the terms and conditions of the Agreement. In accordance with Chapter 40E-7, Part II of the Florida Administrative Code, "Material Breach" is defined as any substantial, unexcused non-performance by failing to perform an act that is an important part of the transaction or performing an act inconsistent with the terms and conditions of the Agreement. If the Recipient materially fails to fulfill its obligations under this Agreement, the District will provide written notice of the deficiency by forwarding a Cure Notice citing the specific nature of the material breach. The Recipient shall have thirty (30) days to cure the breach. If the Recipient fails to cure the breach within the thirty (30) day period, the District shall issue a Termination for Default Notice. Once the District has notified the Recipient that it has materially breached its contract with the District, by sending a Termination for Default Notice, the District's Governing Board shall determine whether the Recipient should be suspended from doing future work with the District, and if so, for what period of time. The District's Governing Boazd will consider the factors detailed in Chapter 40E-7, Part II of the Florida Administrative Code in making a determination as to whether a Recipient should be suspended, and if so, for what period of time. Should the District temtinate for default in accordance with this provision, the District shall be entitled to recover procurement costs in addition to all other remedies under law and/or equity. 6.2 The District may terminate this Agreement at any time for convenience upon thirty (30) calendar days prior written notice to the Recipient. The performance of work under this Agreement may be terminated by the District in accordance with this clause in whole, or from time to time in part, whenever the District shall determine that such termination is in the best interest of the District. Any such termination shall be effected by delivery of a Notice of Termination to the Recipient, specifying the extent to which performance of work under the Agreement is terminated, and the date upon which such termination becomes effective. In the event of temunation, the District shall compensate the Recipient for all authorized and accepted work performed through the termination date. The District shall be relieved of any and all future obligations hereunder, including but not limited to, lost profits and consequential damages under this Agreement. The District may withhold all payments to the Recipient for such work until such time as the District determines the exact amount due to the Recipient. Agreement No. 4600001231, Page 5 of 11 6.3 In the event a dispute arises, which the Project Managers cannot resolve between themselves, the Parties shall have the option to submit to non-binding mediation. The mediator or mediators shall be impartial, shall be selected by the Parties, and the cost of the mediation shall be borne equally by the Parties. The mediation process shall be confidential to the extent permitted by law. 6.4 Notwithstanding anything in this Agreement to the contrary, the District reserves the right to terminate this Agreement immediately without notice in the event any of the representations contained in the Recipient's project proposal aze found to be false or if the Recipient fails to complete the construction and performance of all work items described in Exhibit A, Statement of Work. ARTICLE 7 -RECORDS RETENTION 7.1 The Recipient shall maintain records and the District shall have inspection and audit rights as follows: A. Maintenance of Records. The Recipient shall maintain all financial and non-financial records and reports directly or indirectly related to the negotiation or performance of this Agreement, including supporting documentation For any service rates, expenses, research or reports. Such records shall be maintained and made available for inspection for a period of five (5) years from completing performance and receiving final payment under this Agreement. B. Examination of Records. The District or designated agent shall have the right to examine in accordance with generally accepted governmental auditing standazds all records directly or indirectly related to this Agreement. Such examination may be made only within five (5) years from the date of final payment under this Agreement and upon reasonable notice, time and place. C. Extended Availability of Records for Leal Disuutes. In the event the District should become involved in a legal dispute with a third party arising from performance under this Agreement, the Recipient shall extend the period of maintenance for all records relating to this Agreement until the final disposition of the legal dispute. All such records shall be made readily available to the District. D. Periodic Audits. The District shall perform audits periodically to ensure funding objectives are being met. 7.2 Whenever the District's contribution includes state or federal appropriated funds, the Recipient shall, in addition to the inspection and audit rights set forth in Article 7.1 above, maintain records and similarly require each subcontractor to maintain and allow access to such records in compliance with the requirements of the Florida State Single Audit Act and the Federal Single Audit Act, as follows: Agreement No. 460000123 ],Page 6 of 11 A. Maintenance of Records: The District shall provide the necessary information to the Recipient as set forth in Exhibit "D." B. The Recipient shall maintain all financial/non-financial records through: (1) Identification of the state or federal awazding agency, as applicable (2) Project identification information included in the Catalog of State Financial Assistance (CSFA) or the Catalog of Federal Financial Assistance (CFDA), as applicable (3) Audit and accountability requirements for state projects as stated in the Single Audit Act and applicable rules of the Executive Office of Governor, rules of the Chief Financial Officer and rules of the Auditor General and the State Projects Compliance Supplement (4) Audit/accountability requirements for federal projects as imposed by federal laws and regulations (5) Submission of the applicable single audit report to the DISTRICT, as completed per fiscal year C. Examinatiori of Records: The District or designated agent, the state awarding agency, the state's Chief Financial Officer and the state's Auditor General andlor federal awazding agency shall have the right to examine the Recipient's financial and non- financial records to the extent necessazy to monitor the Recipient's use of state or federal financial assistance and to determine whether timely and appropriate corrective actions have been taken with respect to audit findings and recommendations which may include onsite visits and limited scope audits. ARTICLE 8 -STANDARDS OF COMPLIANCE 8.1 The Recipient, its employees, subcontractors or assigns, shall comply with all applicable federal, state and local laws and regulations relating to the performance of this Agreement. The District undertakes no duty to ensure such compliance, but will attempt to advise the Recipient, upon request, as to any such laws of which it has present knowledge. 8.2 The laws of the State of Florida shall govern all aspects of this Agreement. In the event it is necessary for either party to initiate legal action regazding this Agreement, venue shall be in the Fifteenth Judicial Circuit for claims under state law and in the Southern District of Florida for any claims, which are justifiable in federal court. 8.3 The Recipient shall allow public access to all Project documents and materials in accordance with the provisions of Chapter 119 of the Florida Statutes. Should the Recipient assert any exemptions to the requirements of Chapter 119 and related Statutes, the burden of establishing such exemption, by way of injunctive oz other relief as provided by law, shall be upon the Recipient. Agreement No. 4600001231, Page 7 of 11 8.4 Pursuant to Section 216.347 of the Florida Statutes, the Recipient is prohibited from the expenditure of any funds under this Agreement to lobby the Legislature, the judicial branch or another state agency. 8.5. The Recipient has obtained, at its sole expense, all necessary licenses, authorizations and permits from the appropriate private party or federal, state, municipal or local agency, and other governmental approvals, prior to commencing performance of this Agreement. The Recipient agrees to comply with the terms and conditions of all permits. 8.6 The Recipient hereby assures that no person shall be excluded on the grounds of race, color, creed, national origin, handicap, age or sex, from participation in, denied the benefits of, or is otherwise subjected to discrimination in any activity under this Agreement. The Recipient shall take all measures necessary to effectuate these assurances. 8.7 Pursuant to Section 287.133 of the Florida Statutes, a person or affiliate who has been placed on the convicted vendor list may not submit a bid, proposal, or reply to a request to provide any goods or services related to the construction of the Project contemplated herein. Recipient also assures that it is not on the District's Suspension of Contractors List. Recipient agrees to include a provision to this effect in all requests for proposals and subcontracts related to construction of this Project. 8.8 A Recipient who operates a public water supply utility shall, by June 1, 2008 adopt a rate structure that will promote the conservation of water and promote the use of water from alternative water supplies and shall provide the District with a copy of such adopted rate structure on or before August 29, 2008. 8.9 Recipient of funds for a reuse project shall provide a status report by August 29, 2008 addressing the following issues: (1) accounting of reclaimed water usage and method used (meters, etc.); (2) all rates and chazges for reclaimed water; (3) the status of implementing public education programs to inform the public about water issues, water conservation and the importance and proper use of reclaimed water; and (4) providing the District with the location of each reuse facility owned by the Recipient. 8.10 This pazagraph shall remain in full force and effect for twenty (20) yeazs from the date of contract execution. After construction is completed on the Project, the Recipient shall continuously operate the Project as described in the Project proposal and consistent with the applicable water use permit(s). In the event the Project is not operated in accordance with these requirements, the Aistrict may cease funding for this Project and any future Projects proposed by the Recipient. All other provisions of this contract shall temrinate on September 30, 2008. 8.11 Recipient shall implement a public education program to inform the public about the environmental and other public benefits of the Alternative Water Supply project and shall provide the District with a copy of such public education program on or before August 29, 2008. Agreement No. 460000123 t, Page 8 of 11 ARTICLE 9 -INDEMNIFICATION AND INSURANCE 9.1 For value received, which is hereby acknowledged, the Recipient shall defend, indemnify, save, and hold the District, its officers, directors, board- members, agents, assigns, and employees harmless from liabilities, damages, losses, and costs, including but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentionally wrongful conduct of the Recipient and other persons employed or utilized by the Recipient in the performance of the Agreement. The District shall have the right to approve counsel selected by the Recipient to defend the District in the event the District is named in any legal action. The Recipient further acknowledges that it is solely responsible for ensuring its compliance and the compliance of its subcontractors, suppliers, agents, assigns, invitees and employees with the terms of this Agreement. This paragraph shall survive the expiration or termination of this Agreement. ARTICLE 10 -RELATIONSHIP BETWEEN THE PARTIES 10.1 The Recipient shall be considered an independent contractor and neither party shall be considered an employee or agent of the other party. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor between the parties and their respective employees, agents, subcontractors, or assigns during or after the performance of this Agreement. Both parties are free to enter into contracts with other parties for similaz services. 10.2 The Recipient shall not assign, delegate or otherwise transfer its rights and obligations as set forth in this Agreement without the prior written consent of the District. Any attempted assignment in violation of this provision shall be null and void. 10.3 It is the intent and understanding of the Parties that this Agreement is solely for the benefit of the Recipient and the District. No person or entity other than the Recipient or the District shall have any rights or privileges under this Agreement in any capacity whatsoever, either as third party beneficiazy or otherwise. ARTICLE 11-GENERAL PROVISIONS 11.1 Notwithstanding any provisions of this Agreement to the contrary, the Parties shall not be held liable for any failure or delay in the perfommance of this Agreement that arises from fires, floods, strikes, embazgoes, acts of the public enemy, unusually severe weather, outbreak of waz, restraint of government, riots, civil commotion, force majeure, act of God or for any other cause of the same character, which is unavoidable through the exercise of due caze and beyond the control of the Parties. Failure to perform shall be excused during the continuance of such circumstances, but this Agreement shall otherwise remain in effect. This provision shall not apply if the Statement of Work, Exhibit "A" of this Agreement No. 4600001231, Page 9 of I 1 Agreement specifies that performance by the Recipient is specifically required during the occurrence of any of the events herein mentioned. 11.2 Any inconsistency in this Agreement shall be resolved by giving precedence in the following order: (a) Terms and Conditions outlined in Articles 1-1 I (b) Exhibit "A" Statement of Work (c) All other exhibits, attachments and documents specifically incorporated herein by reference 11.3 Failures or waivers to insist on strict performance of any covenant, condition, or provision of this Agreement by the Parties, their successors and assigns shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve the other Party from performing any subsequent obligations strictly in accordance with the terms of this Agreement. No waiver shall be effective unless in writing and signed by the Party against whom enforcement is sought. Such waiver shall be limited to provisions of this Agreement specifically refeaed to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. 11.4 Should any term or provision of this Agreement be held, to any extent, invalid or unenforceable, as against any person, entity or circumstance during the term hereof, by force of any statute, law or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this Agreement, to the extent the Agreement shall remain operable, enforceable and in full force and effect to the extent permitted by ]aw. 11.5 This Agreement may be amended only with the written approval of the Parties. 11.6 This Agreement states that all publicity/public awareness media shall be jointly planned by the Recipient and the District and any and all materials, events, or endorsements arising out of this award shall require prior District approval. 11.7 This Agreement states the entire understanding and Agreement between the Parties and supersedes any and all written or oral representations, statements, negotiations or Agreements previously existing between the Parties with respect to the subject matter of this Agreement. The Recipient recognizes that any representations, statements or negotiations made by District staff do not suffice to legally bind the District in a contractual relationship unless they have been reduced to writing and signed by an authorized District representative. This Agreement shall insure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. 11.8 This Agreement is subject to and governed by the provisions applicable to it contained in sections 373.0831 and 373.1961, Florida Statutes (2004), as amended by Chapter No. 2005-291 (SB 444, Laws of Florida). Agreement No. 4600001231, Page 10 of 11 IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby execute this Agreement on the date written below. SOUTH FLORIDA WATER MANAGEMENT DISTRICT, BY ITS GOVERNING BOARD ' By: Frank Hayden, Procurement Director Date: SFWMD Procurement Approved: gy;~,X {/l~/~ji,- ~n Date: ~y 19 0' 77~~ / `~- SFWMD Office of Counsel Approved: Entity's Legal By Authorized Official: Printed Name: Agreement No. 4600001231, Page 11 of 11 Exhibit "A" Statement of Work Area 4 Reclaimed Water Distribution System, Part 2 of 3 City of Delray Beach A. IntroductionBackground The City of Delray Beach (City} has established new alternative water resource goals in conjunction with renewal of the City's water treatment plant water use permit. Implementation of a reclaimed water system will reduce demands on both the surflcial aquifer and on the City's potable water system. The City's reclaimed Water Master Plan completed in November 2003 identifies "Area 4" as the third phase of City's total reclaimed water system, which will provide up to 1.163 million gallons per day (MGD) of additional reclaimed water use. The City plans to implement other phases of the Master Plan on a continual basis over the next 5 to 10 years. The Reclaimed Water Master Plan is consistent with the City's comprehensive plan, which specifically encourages more reuse of effluent from the wastewater treatment plant. B. Objectives The objective of this project is to implement the third phase of the reclaimed water system within the City of Delray Beach and to promote up to 1.163 MGD of additional reclaimed water use. C. Scope of Work The City of Delray Beach will conswct an Area 4 reclaimed water transmission system consisting of approximately 4,300 linear feet of 24-inch reclaimed water main, 2,700 lineaz feet of 16-inch water main and associated piping and valves to serve the Delaire Country Club golf course. D. Work Breakdown Structure The work breakdown structure associated with this project is described below. Note that if the project is completed prior to the due date of a Status Report (Tasks 1-4), then the Status Report shall be replaced by the Final Report and subsequent Status Reports shall not be required. Task 1 -Status Report: Recipient shall submit to the project manager a status report summarizing progress made to date, issues of concern potentially affecting project performance, and any other information pertinent to the project. Aelivery Date: December 1, 2007 Task 2 -Status Report: Recipient shall submit to the project manager a status report summarizing progress made to date, issues of concern potentially affecting project performance, and any other information pertinent to the project. Delivery Date: February 1, 2008 Task 3 -Status Report: Recipient shall submit to the project manager a status report summarizing progress .made to date, issues of concern potentially affecting project performance, and any other information pertinent to the project. Delivery Date: April 1, 2008 Page 1 of 2, Exhibit "A" to Agreement No. 4600001231 Task 4 -Status Report: Recipient shall submit to the project manager a status report summazizing progress made to date, issues of concern potentially affecting project performance, and any other information pertinent to the project. Delivery Date: June 1, 2008 Task 5 - Recipient shall construct approximately 4,300 linear feet of 24-inch reclaimed water main and associated piping and valves from Linton Boulevard to Lake Worth Drainage District (LWDD) Drainage Lateral No. 37. Delivery Date: August 1, 2008 Task 6 - Recipient shall construct approximately 2,700 linear feet of 16-inch reclaimed water main and associated piping and valves from LWDD Drainage Lateral No. 37 to DeIaire Country Club. Delivery Date: August 1, 2008 Task 7 -Final Report: Recipient shall submit to the project manager a Final Project Report summarizing all work performed during the course of the project. Delivery Date: August 1, 2008 Page 2 of 2, Exhibit "A" to Agreement No. 4600001231 EXHIBIT "B" SUMMARY SCHEDULE OF TASKS AND DELIVERABLES • The schedule set forth below is based on a one (1) year agreement from October 1, 2007 to September 30, 2008. • Total payment by the District to Delray Beach shall not exceed the amount of $619,700. Payment shall be made following receipt and acceptance by the District of project deliverables in accordance with the schedule set forth below. The Recipient hereby agrees to provide the District all deliverables, data, and information described in the Statement of Work. • Invoices for completed deliverables shall be submitted to the District for payment by August 29, 2008. However, the Recipient is encouraged to arrange for deliverable inspection and invoice as soon as a deliverable has been completed. • Reporting requirements are also part of this exhibit. The Recipient shall provide regular project update/status reports by December 1, 2007; February 1, 2008; April 1, 2008; and June 1, 2008. Reports will provide detail on the progress of the project and outline any potential issues affecting project completion or overall schedule. Status reports may be submitted in any form agreed to by the District Project Manager and the Recipient, and could include emails, memos, and letters. • If the total consideration for this Agreement is subject to multi-year funding allocations, funding for each applicable fiscal year of this Agreement will be subject to Governing Board budgetary appropriation. In the event the District does not approve funding for any subsequent fiscal year, this Agreement shall terminate upon expenditure of the current funding, notwithstanding other provisions in this Agreement to the contrary. --_ ~.. - i ' ~ _ ~ r ~ _ ~. - - ' 1 RepoR Status N/A December 1, 2007 N/A 2 Status Repoli N/A February 1, 2008 N/A 3 Slatus Report N/A April 1, 2008 N/A 4 Status Report N/A June 1, 2008 N/A Construction of approximately 4,300 linear feet of 24-inch reclaimed water August 29, 2008 Wq $428 200 5 main and associated piping and valves , from Linton Boulevard to LWDD Draina a Lateral No. 37. Construction of approximately 2,700 6 linear feet of 16-inch reclaimed water main and associated piping and valves August 29, 2008 N/A $191,500 from LWDD Drainage Lateral No. 37 to Delaire Count Club. 7 Final Project Report N/A August 29, 2008 N/A TOTAL DISTRICT PAYMENT $619,700 Total construction Cost This Phase $1,670,000 ' The deadline for the final invoice submittal is August 29.2008. However, this invoicecould be submitted before August 29, 2008 ' Final payment is based on the total estimated construction cost this phase. An actual cost less than the estimated cost may result in a reduced final payment. If the project includes well drilling and testing, deliverables must include copies of all hydrogeologic data collected in the course of drilling and testing, in the SFWMD specified format. An electronic copy of the SFWMD specked format is available via email. Contact the appropriate SFWMD Project Manager to request one. Page 1 of t, Exhibit "B" to Agreement No. 46 00001 23 1 EXHIBIT "C" REPORTING FORM Project Name Project Summary Final Report - FY 2008 Project Manager SFWMD Contract Number Project Owner Describe Project constructed: xI t ~ `t ~ nh i ~~y~ imi+ y Y.T' 4zE ~" 5'..'i T~ v` ~ la'S. i Si G G'AY' HSW~!i '`II ~~~ ~ h ~~:.4 ~A' ] I ~ ~ ~~ +i ' S ~~ s ~ " ` `I. ..i L. Z~ y ~. _ u . ~I .5 t, ".r ... FL ..--<l~ R. Y ..r1lY'T { 1 .:: ~. 5 ~YSECf1 ... ..i Rf S~r.A 4E.:1?.~'iu Quantity of Water Made Available Type of ti W t Al GD) U on Com letion of This Phase Construction Duration er ve a terna Supply Pro osed- Actual Start Finish r xS , ii ~ , y ~ •. ~•_.~ ~ ••: eiSE - l '~i'._t ~-'L ix"~Y-~`"h^. .. ... , _ T i H.. I <' IM "_. .f.S' .. ...n, nr ..~ _. .. .. Pro osed this Actual this Total Construction Cost -This Phase $ $ District fundin this hase $ $ Local funds $ $ Other funding source From: $ $ TOTAL Attach map and photo(s) of project on CD, if available. The District will make funding payments only to reimburse for work completed between October 1, 2007 and August 29, 2008. To the best of my knowledge, the above information ie correct Chief Financial Project Manager Page ] of 1, Exhibit "C" to Agreement No. 4600001231. H G7 W L7 Z J J LL W H LL F- Z O U F- Z W W W ,~ V Q ~_ F O H Z N d r_ F Z W W F- O W 0 Q 0 z W 0 v •= o a d ~ °:e aU E m c c ~ w' e W F o A e V i O d s a v O £ ~z W d .~ ~ L « U v 3 d 9 A `y m v w d O ', h a" Rev d ~ d d o waz w 0 ~ W ~ ~ c ~ ~ o ~ aU 6 E L ~ C O E d Q W m z °c y W 0 C C i' W c ~ -.~, o H w° m Q U O .y U e u fi i a N L + .r a A E Wiz' L4 C d d ai ~ C d r ~ 8 A ~v ~ w e u L e d a ~~~ a w z a 0 y.`~ `o ~+ ~ o :% ~ > ~ aU " Q vi w ~ 0 ~ C ~ ~ N C O m °e ' wQ ~ us .~.~ u a+ t6 c`D n g 0 n. , T ~ y U ~ ~ y i N ... Q C ._ a ¢oU ~ e ~ ~ ~ N ~ o U ~ p w = ~ ~ ~ o F h O ~ ~ 3 C 0 C a b 0 d z Q' N °_ °' ~ ~. eo 0 O V1 u N n ti ~ ¢' W G d y T a en A d 'O ~ a d 0 d A~d ~ ~, ,o E i ~ ~ do~ ~az N "' ~ U ~ ~~~`-~ N N O ~N U O ¢ t O ~ " .~+ ~U Uf6 ~ c L LL 7 c ~ .~ ._ t6 o ~ d _O ~ a ~ ~ U ~ V O C O ~ ~ ~ U ~a ~ '~ m N L1.. 'O w v C C C .c W ~ m"'u~a; O ~ .-. Q-O U 'O C ._ c_ N ~ L T w~3~ L £ O N ~~ L U N Qa N U O c O ~ j Q U ~ Q• ~ U i6 M ~ ~ y r U N ~•Z~ a~iN ~a a ~ ~ -~ U ~ L ~ `~ N F - ~ 3 N ~ 6 .L. Q m ~ O t ~ .-. U ~ mQ~T W Q U y c"~~e m ~ w- o aC ~ « 3 C ~ ~ N ~~fA ~ .V oNn2 °-as_v~i U U ~y .-. O a ~ ~ c. ~°o~ 0 v tC a. EXHIBIT A AREA 4 RECLAIMED TRANSMISSION MAIN MEMORANDUM TO: Mayor and City Commissioners FROM: Bob Diaz, Construction Manager Richazd C. Hasko, Environmental Services Director THROUGH: David T. Harden, City Manager ~'~SiSfia+~l-~ DATE: November 28, 2007 SUBJECT: AGENDA ITEM -MEETING OF DECEMBER 4 2007 CONSULTING ENGINEERING SERVICES AGREEMENT AMENDMENT #6 TO THE AGREEMENT WITH DAVID MILLER AND ASSOCIATES INC..FOR RATE ADJUSTMENTS The attached agenda item is a request for Commission approvaUauthorization for the Mayor to execute Amendment #6 to the Consulting Engineering Services Agreement the City has with David Miller & Associates, Inc. This amendment will adjust hourly rates per Section VII(A)(2)(a) of the Consulting Engineering Services agreement dated May 7, 1996 between the City and David Miller & Associates, Inc. David Miller has requested and staff supports a 5% rate increase. The new hourly rates aze shown in Exhibit "B" of the attached agreement. RECOMMENDATION Staff recommends approval of Amendment #6 to the Agreement for General Consulting Engineering Services with David Miller and Associates, Inc. cc Agenda File 12-04-2007 Contract File g.C AMENDMENT N0.6 TO THE AGREEMENT FOR GENERAL CONSULTING ENGINEERING SERVICES WITH DAVID MILLER & ASSOCIATES INC. DATED MAY 7,1996 THIS AMENDMENT NO. 6 to the Agreement for General Consulting Engineering Services dated May 7, 1996 is made this day of , 200_ by and between the CITY OF DELRAY BEACH ("CITY") and DAVID MILLER & ASSOCIATES, INC. ("CONSULTANT"). WITNESSETH: WHEREAS, the parties entered into an Agreement for General Consulting Engineering Services ("Agreement") dated May 7, 1996, in which the CONSULTANT would provide professional azchitectural and engineering services to the CITY when requested by the CITY; and, WHEREAS, Section VII(A)(2)(a) of the Agreement dated May 7, 1996 between the parties provides that any increase in the rates chazged by CONSULTANT may only occur upon a written agreement with the CITY, may not exceed 5% within a twelve month period and a newly revised Exhibit "B" must be submitted; and, WHEREAS, the parties desire to amend the Agreement dated May 7, 1996 to provide for a 5% increase in the fees chazged by CONSULTANT, as provided by a revised Exhibit "B". NOW, THEREFORE, the parties agree as follows: 1. The recitations set forth above are incorporated herein. 2. The Agreement dated May 7, 1996, is hereby amended, by submitting a revised Exhibit "B", attached hereto, pursuant to Section VII(A)(2)(a), to provide fora 5% increase in the cost of professional services chazged by CONSULTANT. 3. This Amendment together with the original Agreement and any written amendments hereto, constitute the entire Agreement between the parties relating to the subject matter hereof. It is the final expression of agreement between the parties, thus, neither party shall be entitled to rely upon any conflicting oral representations, assurances, claims or disclaimers, made either prior to or simultaneous with the execution of this Amendment. 4. Except as expressly modified in writing herein or as modified by subsequent written amendments, all other terms and conditions of the original Agreement and any amendments thereto survive this Amendment and aze deemed to be incorporated herein and aze binding on the parties. IN WITNESS WHEREOF, the parties have executed this Amendment to the Agreement for General Consulting Engineering Services on the day and yeaz first hereinabove written. ATTEST: By: City Clerk Approved as to legal form and sufficiency: By: City Attorney WITNESSES: (name printed or typed) (name printed or typed) CITY OF DELRAY BEACH, FLORIDA By: Rita Ellis, Mayor DAVID MILLER & ASSOCIATES, INC. By: (name printed or typed) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 200_, by , as (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification. Signature of Person Taking Acknowledgment Name Typed, Printed or Stamped Exhibit B Professionals Hourly Raw Houriv Raw Salary Rates Salary Rates limes 3.00 Multiulier Architect Principal $ 52.33 $ 157.00 Project Manager $ 43.67 $ 131.00 Architect I $ 35.00 $ 105.00 Architect II $ 29.87 $ 88.00 Interior Design $ 28.00 $ 78.00 CARD Operator $ 22.67 $ 88.00 clerical $12.00 $ 3s.oo Engineers -Civil Prtncipai N/A $ 131.00 ProjeIX Manager WA $ gq,Op Project Engineer WA $88.00 Designer N/A $83.00 CAD Droner N!A $ 57.00 Manual Drafter N/A $ 87,00 Clerical N/A $36.00 PLS WA $64.00 Survey Tech WA $ 73.00 Field Crew (3 man) N/A $115.00 Field Inspector WA $ 67.00 Engineers - Stnrcfural (#1) Prlndpal N/A $157.00 Project Manager WA $12fi.00 Project Engineer WA $84.00 CAD Operebr WA $ 63.00 Engineers - Stnxtur~ (#2) Principal WA $ 105.00 Project Manager WA $ g4,Dp pealgner WA $ 78.00 Draftsmen WA $63.00 Engineers -MEP (#1) Principal WA $157.00 Project Engineer N/A $84.00 CAD Drafting WA $ 73.00 Clerical WA $ 47.00 Enghrears -MEP (#2) Princpal WA $89.00 Engineer WA $ gg,110 Designer NIA $ 52.00 CADD Operators N/A $ 52.00 Clerical WA $ 26.00 Landscape Architects Prncipal N/A $131.00 Senior Landscape Architect NIA $105.00 Computer & Profe~ional N/A $ 88.00 Drafting/Support Staff WA $83,00 MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement Elizabeth Alpert, Neighborhood Services Administrator THROUGH: David Harden, City Manager ~~5~'s-luM}-~'I DATE: November 28, 2007 SUBJECT: AGENDA ITEM -REGULAR COMMISSION MEETING OF DECEMBE~¢, 20.07 SHIP ALLOCATION FOR 07-OS RECAPTURED FUNDS ITEM BEFORE COMMISSION City Commission authorization and approval to allocate FY2007-2008 SHIP recaptured funds towazds the down payment, closing costs and principal reductions for the purchase of existing and or/ construction of new single family homes, townhouses and condominiums in partnership with a participating Community Development Corporation (CDC) and/or eligible non-profit organizafions. BACKGROUND For the past two yeazs, the City has successfully worked in partnership with the Community Land Trust (CLT) to provide affordable housing opportunities through the sub-recipient housing partnership; however, the need still exists to gap-finance first-time homebuyers who choose not to purchase through the CLT program. Staff is proposing to meet this need through the Local Housing Assistance Plan's (CHAP) existing Purchase Assistance strategy utilizing "recaptured funds" and working in partnership with a participating CDC and/or eligible non-profit organizations. Recaptured funds are dollars that are recouped by the City from past SHIP grant recipients who default on the terms of the loan award, refinance their property for cash out, or sell. To date, the City has recouped approximately $45,000 in recaptured funds. Based the trend of recent years, we anticipate that up to $100,000 in recaptured funds may be generated over the next fiscal year. The Purchase Assistance program assists eligible first-time homebuyers by providing a 0% interest, deferred payment loan to be applied towards down payment, closing costs and principal reductions for the construction of new and/or purchase of existing single family homes, townhouses and condominiums. Eligible applicants must be working towazd first time homeownership in conjunction with a participating CDC and/or eligible non-profit organizations. Applicants must be SHIP eligible and attend an approved homebuyer's seminar. The seminar includes training and information on financial planning, credit and borrowing, budgeting, fair housing issues, mortgage and closing costs and a comprehensive glossary of real estate terms. The Delray Beach Community Land Trust will continue to V' serve as the City's primary partner in providing affordable housing opportunities through our current sub-recipient housing partnership. FUNDING SOURCE State Housing Initiatives Partnership 118-1924-554-49.20 City Commission authorization and approval to allocate FY2007-2008 recaptured funds for the purchase of existing and or/ construction of new single family homes, townhouses and condominiums in partnership with a participating Community Development Corporafion (CDC) and/or eligible non-profit organizations. MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement 'T'HROUGH: David Harden, City Manager ~ ,~s,s-I~.~-~/'~ DATE: November 28, 2007 SUBJECT: AGENDA ITEM 8.E. -REGULAR COMMISSION MEETING OF DECEMB~ 2007 GRANT AWARD- UNITED WAY PROSPERITY CENTER ITEM_BEFORE COMMISSION City Commission approval to amend the Memorandum of Agreement between the United Way of Palm Beach County (UWPBC) and the City to include a one time grant awazd in the amount of $22,000 in support of the Prosperity Center housed at the City's Neighborhood Resource Center. BACKGROUND The City Commission approved the Memorandum of Agreement between the City and the UWPBC for services provided at the Neighborhood Resource Center for a period of three (3) years, beginning September 1, 2006. The Prosperity Center Manager position was being funded 100% from a foundation grant that was guaranteed through 2009. The foundation however, reduced the amount of their grant effective October 1, 2007, which has created a budget deficit affecting the full time Prosperity Center Manager position. United Way has requested City assistance in the amount of $22,000 to ensure the viability and effective delivery of services currently being carried out at the NRC. Staff strongly supports the partnership between the City and UWPBC. The Prosperity Campaign has added additional services this yeaz inclusive of Career Path Assessment Planning, Money Management, Legal Aid and access to a number of other social services. The amount requested is a very small investment for the services that aze being provided to eligible residents throughout the City. Unencumbered funds from FY 06/07 (various accounts) Repayment from the UDAG Loan Repayment. RECOMMENDATION Staff is recommending City Commission approval of the amended Memorandum of Agreement between the City and the United Way of Palm Beach County's Prosperity Campaign, providing for a $22,000 one time grant in support of the program. AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN UNITED WAY OF PALM BEACH COUNTY AND THE CITY OF DELRAY BEACH THIS AMENDMENT NO. 1 entered into this day of 200_, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter referred to as City) and UNITED WAY OF PALM BEACH COUNTY (hereinafter referred to as United Way), provides as follows: WHEREAS, the parties entered into an Agreement dated September 1, 2006 for the provision of services at the Neighborhood Resource Center; and WHEREAS, the United Way of Palm Beach County's Prosperity Campaign seeks to improve economic security and facilitate economic self-sufficiency for households with an annual income of $40,000.00 or less. Critical to the success of the Prosperity Campaign is the housing and integration of Prosperity Centers within established community resource organizations that have access to potential clients that meet the program criteria; and WHEREAS, the City agrees to partner with United Way to host a Prosperity Center at the Neighborhood Resource Center, located at 141 SW 12"' Avenue, Delray Beach, FL 33444; and WHEREAS, the City will provide cone-time grant in the amount of $22,000 in support of the Prosperity Manager Center position for fiscal year 2007/08. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: 1. Recitals: The recitals set forth above are hereby incorporated as if fully set forth herein. 2. Services to be Provided: United Way shall provide at the Delray Beach Prosperity Center, services that will include, but not be limited to, the following: • Tax preparation and filing • Benefits determination and accessibility • Education planning and counseling • Case Management services • Money management and financial literacy training • Credit Counseling • Individual Development Account (matched savings) program • Computer literacy programs United Way agrees to hire, train, supervise and pay a Manager for the Delray Beach Prosperity Center. United Way will also contract with service providers to provide the range of services. 3. Payment: The City will provide gone-time grant in the amount of $22,000 in support of the Prosperity Manager Center position for fiscal year 2007/08. The City will provide the payment to the United Way within 45 days of the approval of the Amendment by both parties. 4. 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. 5. Entire Agreement. Except as modified by this amendment, the original agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed this day of ATTEST: City Clerk 2007. CITY OF DELRAY BEACH, FLORIDA By: Approved as to form: City Attorney WITNESSES: Print Name Print Name Rita Ellis, Mayor UNITED WAY OF PALM BEACH COUNTY By: Scott Badesch. President & CEO 2 State of Florida County of Palm Beach The foregoing instrument was acknowledged before me this day of 2007, by (name of corporation. as officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the He/She is personally known to me or has produced (type of identification) as identification. Notary Public MEMORANDUM TO: Mayor and City Commissioners FROM: Janet Meeks, Education Coordinator Lula Butler, Director of Community~I nmprovement THROUGH: David T. Hazden, City Manager l ~ ~S~S.~"„j-C~ DATE: November 28, 2007 SUBJECT: AGENDA ITEM 8.F. -REGULAR COMMISSION MEETING OF DECEMBER 4_,.2007 AMENDMENT TO AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE __ ACHIEVEMENT CENTER FOR CHILDREN AND FAMILIES Approval to amend the Agreement between the City of Delray Beach and Achievement Centers for Children and Families (ACCF), which is the non-profit partner responsible for carrying out the services, under the City's contract with the Children's Services Council of Palm Beach County, Inc. at the Village Academy Beacon Center. The amendment will provide additional funding for the teen component at the Village Academy Beacon Center. BACKGROUND The Commission approved the formal Agreement between the City and ACCF for fiscal yeaz 2007/08 at the regulaz meeting of September 18, 2007 to subcontract Beacon Center Services in the amount of $585,261. However, that amount did not include funding of $52,000 that the City provides ACCF in support of the Beacon Teen program which we have provided over the past three years. FUNDING SOURCE Funding available from account # 001-4111-572-83.01 (Other Grants & Aids). COMMENDATION Staff is recommending City Commission approval of the Amendment to the Agreement between the City of Delray Beach and ACCF to include $52,000 for the teen program provided through the Pazks & Recreation Department for Fiscal Yeaz 07/08. AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE COMMUNITY CHILD CARE CENTER OF DELRAY BEACH THIS AMENDMENT NO. 1 entered into this day of , 200_, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter referred to as City) and COMMUNITY CHILD CARE CENTER OF DELRAY BEACH (hereinafter referred to as CCCC), provides as follows: WHEREAS, the parties entered into an Agreement dated September 21, 2007 to provide that the CCCC shall carry out certain activities associated with the Beacon Center at Village Academy Elementary School; and WHEREAS, the parties now wish to amend that Agreement to provide for funding in support of the Beacon Teen Program by the City. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: 1. Recitals: The recitals set forth above are hereby incorporated as if fully set forth herein. 2. Modification: The Agreement is hereby amended to provide the following language as paragraph (c) under Section 3. The total Payment for services rendered pursuant to this Agreement allocated through the Parks and Recreation budget in the amount of $52,000 for October 1, 2007 through September 30, 2008 and shall be made payable to CCCC in equal amounts of $13,000 on a quarterly basis. CCCC shall submit an invoice to the City by the 10`h day of each month following the end of the quarter along with a narrative summary report of all activities carried out for the Teen component of the Beacon Center during the quarter for which the funds are requested. The City will provide reimbursement to CCCC within 30 days after receipt of the invoice. 3. Govemin~ 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. 4. Entire As~reement. Except as modified by this amendment, the original agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed this day of , 2007. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Rita Ellis, Mayor Approved as to form: City Attorney WITNESSES: COMMUNITY CHILD CARE CENTER By: Nancy Hurd, Executive Director Print Name Print Name State of Florida County of Palm Beach The foregoing instrument was acknowledged before me this day of 2007, by as corporation (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the He/She is personally known to me or has produced (type of ident~cation) as identification. Notary Public 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner liJi7~+-'~ ~LU~~''^ Mark McDonnell, AIC ,Acting Director of Planning and THROUGH: City Manager ~~ ('/h DATE: November 28, 2007 SUBJECT: Zoning~~"("^~~~ REPORT OF APPEALABLE LAND USE ITEMS NOVEMBER 19, 2007 THRU NOVEMBER 30, 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 19, 2007 through November 30, 2007. BACKGROUND This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 10 day appeal period has not occurred). Section 2.4.7(E), Appeals, of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: 1. The item must be raised by a Commission member. 2. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. REVIEW BY OTHERS Planning and Zoning Board -Meeting of November 19, 2007 No appealable items were considered by the Planning and Zoning Board. The following items which were considered by the Board will be forwarded to the City Commission for action. Recommended approval (6 to 0, Francisco Perez-Azua absent), of a conditional use request to extend the operating hours to 24-hours per day, seven days per week for Wal-Mart, located on the west side of Military Trail, approximately 670 feet south of Linton Boulevard. Postponed (6 to 0), a City initiated amendment to 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 HPB to apply these regulations; City Commission Documentation, Meeting of December 4, 2007 Appealable Items 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. The Board postponed this item to the Special Planning and Zoning Board Meeting of December 3, 2007 and requested that staff clarify the changes to LDR Section 4.5.1 regarding the application requirements for the demolition of a contributing vis- a-vis anon-contributing structure. Recommended approval (6 to 0) of a City initiated amendment to the Land Development Regulations Section 4.4.24, "Old School Square Historic Arts District" (OSSHAD), Subsection 4.4.24(C), "Accessory Uses and Structures Permitted", to allow the CBD (Central Business District) accessory uses in the same areas of the OSSHAD District where the permitted uses of the CBD are currently allowed. Recommended approval (6 to 0), of a City initiated amendment to the Land Development Regulations Appendix "A" Definitions, regarding the definition of "In-Fill Development". Tabled (6 to 0), a City initiated amendment to the Land Development Regulations Section 2.4.3 "Submission Requirements" to address requirements for vicinity maps, to list acceptable plan scales; to clarify acceptable scales for landscape plans; to allow for deviation of standard scales when composite plans are prepared; and to add that a 1 inch = 10 feet (1"=10') scale is permitted for preliminary and final subdivision plats. The Board tabled the item to allow staff to modify the ordinance to address architectural floor plans and architectural elevations. Site Plan Review and Aaoearance Board -Meeting of November 28, 2007 A. Approved (6 to 0, Shane Ames absent), a request for a new blanket sign program for 325 Building, an existing mixed-use building, located on the east side of Pineapple Grove Way, between NW 4`" Street and NE 3'' Street (325 Pineapple Grove Way). B. Approved (6 to 0), a request for a new master sign program for the 70"' Street Commerce Park, an existing industrial development, located on the south side of SW 10`h Street, west of Wallace Drive (1100 SW 10`h Street). C. Approved (6 to 0), a request for a Class I site plan modification associated with the installation of an awning and exterior color change for Island Air Conditioning, located on the south side of NE 4`h Street, east of the FEC Railroad (360 NE 4'h Street). D. Approved (4 to 0, Andrew Youngross and Jose Aguila stepped down), a Class III site plan modification associated with the conversion of a single family residence to offices for the Achievement Centers for Children and Families, located on the east side of NW 5`h Avenue, just south of Lake Ida Road (345 NW 5"' Avenue). Concurrently, the Board took action on the following waivers: • Approved (4 to 0), a reduction in the required 10' perimeter landscaping setback. • Approved (4 to 0), a reduction in the 5' terminus landscape island for the parking lot. • Approved (4 to 0), the request for relief from LDR Section 4.6.9(F)(1) which allows a reduction in the required parking. A reduction from 7 parking spaces to 5 parking spaces was approved. 2 City Commission Documentation, Meeting of December 4, 2007 Appealable Items E. Approved with conditions (6 to 0), a Class V site plan, landscape plan and architectural elevation plan associated with the construction of a 326-unit residential development which will contain 110 townhouse units and 216 residential condominiums for Village Square, located on the east side of Auburn Avenue and SW 13"' Avenue, between SW 7"' Street and SW 10"' Street. Concurrently, the Board approved a waiver request reducing the required stacking distance from 100' to 60' for the southern entrance to the proposed development. Tabled (6 to 0), a Class V site plan, landscape plan and architectural elevation plan associated with the construction of a 22-unit residential development for 135, 145 & 169 SE 6th Avenue, located on the east side of SE 6th Avenue, between SE 1st Street and SE 2nd Street. The Board tabled the item as they felt the mechanical room was too small; the location of a transformer and generator were not appropriate; that the drainage well provided was not large enough and the exterior yellow color was not appropriate. G. Approved (5 to 1), a request for a color change for Shore Beach Bar, located on the west side of Ocean Boulevard, south of East Atlantic Avenue (6 South Ocean Boulevard). By motion, receive and file this report. Attachment: • Location Map 3 SPRAB A. 325 BUILDING 8. 10TH STREET COMMERCE PARK C. ISLAND AIR CONDITIONING D. ACHIEVEMENT CENTERS FOR CHILDREN AND FAMILIES E. VILLAGE SQUARE F. 135, 145 & 169 SE 6TH AVENUE G. SHORE BEACH BAR N ~,._,~_,~~ cm uMlrs _,~~~,~,~_ ~ ONE MILE ~ GRAPHIC SCALE CITY OF DELRAYBEACH, FL PLANNING B ZONING DEPARTMENT DECEMBER 2007 -~DIGIiAL BASE M9PSYSTEM~~ MAP REF: 5:\Planning k Zoning\DBMS\Flle-CaE\CC-DDC\72-04-07 CITY OF DELRAY BEACH, FLORIDA I MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: BOB DIAZ, CONSTRUCTION MANAGER THROUGH: DAVID T. HARDEN, CITY MANAGER RICHARD C. HASKO, ENVIRONMENTAL SE VICES DIRECTOR DATE: NOVEMBER 26, 2007 SUBJECT: AGENDA TTEM # -REGULAR MEETING OF DECEMBER 4, 2007 CONTRACT AWARD TO RSI OF FLORH)Aa INC. FOR THE RE-ROOFING OF FIRE STATION N0.2 P/N 2007-032 ITEM BEFORE COMMISSION This item is before the Commission to approve a Contract Awazd in the amount of $174,933.00 to RSI of Florida, Inc for the re-roofing of Fire Stafion No. Z, P!N 2007-032. RSI Roofing, Inc the appazent low bidder will provide all labor, material and supervision necessary for the re-roofing of Fire Station No.2. Base bid includes the following; removal and legal disposal of the existing elastomeric roof system found on all the flat roof areas and pazapet walls (No Roof Tile). New modified built up roof system on flat and parapet roof azeas, stainless steel roof hatches, roof drains and two aluminum air conditioning condenser stands. Recommended alternates include the following; standing seam metal roof system (for tiled azeas) and replacement of two air conditioning condensers damaged beyond repair by the corrosive environment present at this location. Bid tabulation (Schedule "A") and location map aze attached hereto for your reference. Funding is proposed from account 334-6112-522-46.15 (General Construction Fund/Roof Repair- Fire Station) Staff recommends Award of Contract in the amount of $174,933.00 to RSI of Florida, Inc for the re-roofing of Fire Station No. 2, P/N 2007-032 Enc Iwication Mep/Bid Tab, SrAMWe "A" Cc ApeaES File 12.06-2001 P/N 2001A32 (E) g.~.i Q °o °o °o °o o $ o °o °o °O J ~ Q m v o 4L ni a N e o w o 6io w c ~ w o o w 0 o ~ w o w vi m °m w e °0 a° w o 0 ~+ W `p V C 0 0 0 0 0 0 e o 0 0 H O O P A m O m Q t m N Q w A ! h O K M ~ ' M M N » ~ a C d V O O O O O O O O O O O G: q W N y N O 1W O O O O N b W O ~ O Q t0 O h O O O N r N ,O Z m) O ~ ~ n O O ~ H H ~ K w w M W W O a m O7 N LL _ m W _G a W m a J C G ~ ~ q m 0 m K C Z ~ m q R T .1R U V ~' C •m C CR c . .. '°$.m E _ `°° of ` . .. q m O m s v V O `u W ~ ~~ ~ C Y m a y~ m m m a O m 0 ~n m 3 m t m C E 0 m , c n. m c m u O' m 3 G m k{ A oo$ to 5.3 ` ^m v ` m a E a ~ E m - ~^ io G a 01 O ~ r W . " OIC ' W O V u O m d m m C p LL v ~ m ~ m Q p 9 ~ W~ K E c " n °a m° e c u ~ '. m 9 x m >~ w °o m m O1 ~' c m c w c G E ® ~ m ~ o m 0 o_ n ~ c ° m m y o mau mi v~ 016 o o ~ : m vm Kam m; a~ ~~ ~ ~ _ ~ m ~ as ~ C m N to a ~ '3 H O A r- ~ O Ot m ® CITY of DELRAY BEACH FIRE sTATION No.2 DAIEat/26/2007 s LOCATIONMAP r¢srAxD.ziau ENVIRONMENTAL SERVICES DEPARTMENT A3680VfH BYIP7I'DN A4B~AlE, LIELAAY BEApi FLOPoDA 7W4M1 zoos-o3z 1 of 1 Agenda Item No.~ .' AGENDA REQUEST Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda Date: 26 Nov 2007 When: 4 Dec 2007 Description of item (who, what, where, how much): This item is before the Commission to approve a Contract Award in the amount of $174,993.00 to RSI of Florida, Inc for the re-roofing of Fire Station No.2 P/iV 2007-032. The work generally consists of the following: RSI Roofing, Inc the apparent low bidder will provide all labor, material and supervision necessary for the re-roofing of Fire Station No.2. Base bid includes the following; removal and legal disposal of the existing elastomeric roof system found on all the flat roof azeas and pazapet walls (No Roof Tile). New modified built up roof system on flat and parapet roof azeas, stainless steel roof hatches, roof drains and two aluminum air conditioning condenser stands. Recommended alternates include the following; standing seam metal roof system (for tiled areas) and replacement of two air conditioning condensers damaged beyond repair by the corrosive environment present at this location. Funding is as follows: Funding is proposed from account 334-6112-522-46.15 (General Construction Fund/Roof Repair-Fire Station) ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Department head Determination of Consistency wfth Comprehensive City Attorney Review/Recommendation (if applicable): Budget Director Review (re on fl items involving expenditure of funds): Funding available: ES O Funding alternatives WA ('rfapplicable) Account No. & Description #334-6112-522-46.15 City Manager Review: Approved for agenda: O ~j"}'f~ Hold Until: C / I Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved cc: AgOMa File 12-04200] File 200]-032 (Ej MEMORANDUM TO: Mayor and City Commissioners THRU: David T. Harden, City Manager ~~~ Richard C. Hasko, Environmental Se ices Director FROM: Begona Krane, Engineer SUBJECT: AGENDA ITEM - CITY COMMISSION MEETING OF DECEMBER 4, 2007 SWIM AND TENNIS WEST PARKING LOT PROJECT# 2006-011 DATE: November 27, 2007 ITEM BEFORE THE COMMISSION This item is before the Commission to approve the contract with Total Quality Construction Services, Inc. for the construction of Swim and Tennis Center west pazking lot in the amount of $156,727.74. The scope of work includes construction of 1" asphalt overlay, FDOT type "D" concrete curb, pavement marking and signage, 5' wide concrete side walk, 100 squaze yards asphalt patch and tree root removal of existing parking lot. The project also involves asphalt removal, new parking lot lighting and landscaping. BACKGROUND The project includes installation of new lights, landscaping and resurface the west pazking lot at the Delray Beach Swim and Tennis Center. The Swim and Tennis Center Club House was constructed in 2006 as part of the ls` Phase of improvements and this awazd represents the next Phase of improvements. The engineering staff reviewed the submittals and concluded with the recommendation to award the contract to Total Quality Construction Services, Inc. in the amount of $156,727.74. References submitted with bid were contacted, and all responded positively to Total Quality Construction Services, Ines ability to complete this work on time and with an overall rating of 10 on a scale of 1 to 10. Attached are the bid tab and location map. FUNDING SOURCE Funding is available from 117-4133-572-65.57 RECOMMENDATION Staff recommends approval of the contract awazd to Total Quality Construction Services, Inc. for the west pazking lot at the Delray Beach Swim and Tennis Center Project. CC: Agenda File 12/04/07 File 2007-011 (E) C \Doouments and Settings\smithd\Locel Settings\Tempomry Internet Files\OLK662\daember agenda memo.doc 8 N.2 J -~+ a~ Q~° 55p6 N 8 8 8 $ $ $ $ 88g $ $ 8 8 8 8 $ $ $ $ ° $ ~ ~ $ q $ ~ s s s s $ W ~ ~ ~ ~ $ 8 ~ ~ at ~ ~ ~ ~ ~ ~ ~ ~ ~ .~ . ~ 8 ~ 8 .~ ~ ~ ~ ~ ~ ~ ~ •`~ 8 8 8 $ 8 8 8 $ 8 8 $ $ 8 $ $ 8 $ 8 8 ° ~ ,iO ~ p ~ 8 8 8 8 5 y p g $ 9 d e 9 ~ ~ ~ ~ s g s ~ 5 $ 3 s 8 s ~ a s st gs s gs Y s ° g a. ~ 8 SY °p~+ U !gY~ A mQ a « ~ A m ~ 2 y $ $ s $g $ ~^ ~ ~ .'. t4 b Y~ :i S 3Y Si :Z a 82 « .E y " M g; N R 9t $ ~ b' ~ R', F: ~' $ P 8 8 $ 81 $ 8 8 $ $ `$ `~ `$ `3. `$ ~ 8 $ $ R _ ^ 7: "d N ~ M M M •'4 $ b ~ '1 9 `Y ~ ~ " e ~ $ « ^x ~^.~ » « ~ ~ r ~ $ . @ ~ 9 8 8 $ 8 8 8 8 8 8 $ 8 8 8 8 9, 8 8 $ 8 $ $ 8 $ $ $ 8 $ $ 8 $ ~ y, f a ~ 8 8 8 8 8 8 $ 8 8 8 8 8 8 n 8 8 8 8 8 8 8 8 $ 8 8 8 8 8 8 ' ~ ~ ^ ~ ~ ~ » & y ~ ~ ~ ~ ~e ~ ~ ~ ~ ~ ~ » » H » « ~ ~ ~ 5 8 ~ ~ G, A A - A _ ~ ~ ~ ~ S ~ A y y y y 5 ~ ~ ~ ~ ~ 9 9 ~ ~ m ~ m `m ~ `~ `m ~' C y ~ ~ z ~ o tl ~ ~ ~ ~ a c ~ ~ ~ m m ~ ~ ~ ~ ~ ~ x ~ e ~ ~ ~ ~ ~ S g ~ ~ ~ z L I N T D N B L V D d' LAVER'S g ~~~~ ^~ CIR 3' H ~` 4&~ 6" O G1- rc ~ ~ < 3~`d ~ ROAD RpAD wi MALLARD DRIVE c -' HERDN DRIVE a a o° U CURLEW ~~` ROAD CITY of DELRAY BEACH THE DELRAY SWIM & DA~E:~-os-oT 9~MRaNb1ENiALBEpVIC,Egp~gR11~B~IT TENNIS CENTER WEST PARKING LOT u~RSaxn ~wewn~awroR.v~u~osnAraeAatrtachaws LOCATION MAP 2006-011 Date: 27 November .2007 Request to be placed on: AGENDA ITEM NUMBER:~• }LConsent Agenda -Regular Agenda _Warkehop Agenda _3pecial Agenda When: 4 mb r. 2007 Description of Agenda Item (who, what, where, how much): This item is before the Commission to approve the contmc[ with Total Quality Conewcdon Services, Inc. for the construction of Swim and Tennis Center west parking bt in the amomt of $156,727.74. The scope of work includes consuuction of 1" asphalt overlay, FDOT type "D" concrete curb, pavement mazking and signage, 5' wide concrete side walk, and 100 square yards asphalt patch and Kee root removal of existing parking lot. The project also involves asphalt removal, new parking lot lighting and landscaping. Recommendation: -Staff recommends approval of a Conuact in [he amount of $I56,727.74to with Toml Quality Constmcdan Services, Inc. for the Swim and Tennis Center west parking ]ot Project #2006011. Department Heed Signature: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving eapenditure of funds): Funding Available: Yes / No Initials: ~) /.tiC Description Above l17 -~ 13 3 - 5 7Z . GS S) Sul md- l t n,.,t,+5 Account Balance: N!A ~~~ ~t//~lr~ K. ~ ~l I'7~/ ot/ Funding Alternatives: (if applicable) City Manager Review: Approved for Agend Yee No Initials: Hold Until: Agenda Coordinator Review: Received: 3:\EngAdmin\Projects\2006\2008-011\OFFICIAL\bid#3 december 2007\december agenda requeet.doc MEMORANDUM TO: Mayor and City Commissioners FROM: Shazon L'Herrou, Administrative Officer THROUGH: Joseph L. Schroeder, Chief of Polic David T. Harden, City Manager ~~ ~5~3tw+('/11 DATE: November 28, 2007 SUBJECT: AGENDA ITEM -REGULAR COMMISSION MEETING OF DECEMBER 4,.2007 SWAT VEHICLE REPLACEMENT ITEM BEFORE COMMISSION The Police Department requests approval to purchase one replacement SWAT vehicle from "The Armored Group, LLC" in the amount of $96,335. This price reflects the purchase cost of $105,485 which includes the cost of a diesel upgrade at $5,500, less our trade-in allowance of $11,000, and also an additional $1,850 for shipping costs. Extensive research was conducted regarding the options for replacement SWAT vehicles. The Armored Group had the lowest price and was identified as the best vehicle for the Department's needs. Alternative quotes aze attached for reference. Funding for this purchase is available in the Vehicle Replacement Budget, account # 501-3312-591- 64.20. The Police Department recommends approval. g. N .3 Page 1 of 1 Harden, David From: Goldman, Jeffrey Sent: Tuesday, November 27, 2007 10:40 AM To: Rumell, Kevin; Harden, David; Schroeder, Larry Cc: Hasko, Richard; Schmitr, James; Crane-Baker, John; Palermo, John Subject: RE: SWAT Van Replacement I agree with Kevin on the diesel engine if the money is available. If not, the company assured us the new V10 engine will handle all the needs of the vehicle. I just don't want this to hold up the purchase of this vehicle. This has been a long process and we see the light at the end of the tunnel. If money is available we would be interested in viewing the mid-build or final inspection. This was not put into my request because I was trying to stay as close to the budgeted money as possible. If there is any further questions please feel free to contact me. Thanks in advance. Jeffrey S. Goldman Captain Delray Beach Police Department 300 West At/antic Ave Delray Beach, FL 33444 581-243-7872 From: Rumell, Kevin Sent: Tuesday, November 27, 2007 10:17 AM To: Harden, David; Schroeder, Larry; Goldman, Jeffrey Cc: Hasko, Richard; Schmitr, James; Crane-Baker, John Subject: RE: SWAT Van Replacement Mr. Harden, I have been reviewing the specifications for this truck with Lt. Goldman and Sgt. Crane-Baker, and have seen pictures of the proposed truck that they intend to purchase. Because of the weight rating of the truck and the service duty that it is intended for, I am recommending that they purchase this vehicle with the optional diesel engine. I am told that the purchase price of the vehicle is $99,985, and the optional diesel engine would increase the cost to approximately $104,985. After applying atrade-in value of $11,000 for the existing Swat truck, the purchase price would be $93,985. This would be an increase of $7,635 over what was in the CIP budget, but I think it would be money well spent. As this is a new vendor, and because of the custom design of a truck like this, as well as the investment cost of the truck, I think it might be wise to consider performing amid-build inspection or final inspection at the assembly facility. This would give us the opportunity to inspect the quality of workmanship and to insure our design specifications for this truck have been met. Kevin G. Rumell Fleet Maintenance Superintendent Gty of Delray Beach Office (561) 243-7333 Fax (561)272.5366 Email nunell~ci.delray-beach.fl.us From: Harden, David Sent: Monday, November 26, 2007 4:41 PM To: Schroeder, Larry; Goldman, Jeffrey Cc: Rumell, Kevin; Hasko, Richard; Schmitz, James Subject: SWAT Van Replacement Since this is funded from Vehicle Replacement and the price is only about $5,000 above the budget estimate, no additional funds from the department are necessary. It is expected that some replacements will cost a little less than what is budgeted and some a little more. Our Pumper and ALS Vehicle replacements were both a little under budget. 1 do want to be sure the City Garage is OK with what you propose. Please get with them to review the vehicle you are recommending. In the meantime I will tentatively schedule it for the agenda as a consent purchase award. 11/27/2007 c/~ DELRAY BEACH POLICE DEPARTMENT MEMORANDUM TO: Chief Joseph L. Schroeder ~~ FROM: Captain Jeffrey S. Goldma~`VJ DATE: November 16, 2007 SUBJECT: SWAT TRUCK In the 2007/2008 Capital Improvement Budget the purchase of a new SWAT truck was approved. The amount approved was $86,350. Sergeant Crane-Baker and I have done extensive research on the type of vehicle that should be purchased. Attached are three quotes from vendors who manufacture a SWAT vehicle. We have selected a smaller version of our present SWAT truck and also gone with an armored vehicle. We went smaller due to the fact that SWAT members have take-home cars and store their SWAT equipment in those take-homes. The SWAT truck would be used for transporting members during operations and will give them the most protection possible by the truck being armored. The vehicle would also be a 4x4 with run-flat tires. This would make this vehicle a perfect fit for any unusual occurrences that may arise (i.e. Hurricanes, Floods, etc...). After many hours of research I recommend the SWAT Truck made by "The Armored Group, LLC." This truck fits our needs along with being in the price range of the budgeted amount. The vehicle is brand new and listed at $99,985. The company will give us a trade-in on the current SWAT truck for a value of $11,000. The shipping cost is $1,850. The bottom line price would be $90,835. During a recent visit to the SWAT Round-Up, t had the opportunity to view and drive this truck. I was very pleased with the truck and the contact I had with Mr. Johnson of the company. If you have any questions please advise. Ouote #: J07111501 November 15, 2007 DEL RAY BEACH POLICE DEPARTMENT BATT-S The Armored Group, LLC. 221 W. Lancaster, Ste. 8008 Fort Worth, TX 76102 RESCUE CBRN OFFICER TRANSPORT UNIT Ballistic protection: • Vertical panels and all windows armored to defeat multi-hit 7.62 x 39mm & 7.62 x S l mm rounds • All seams double welded inside and outside • Windows aze bullet resistant glass-clad polycazbonate windows to protect against 7.62 x 39mm & 7.62 x Slmm rounds • Two (2) piece windshield with sun band, Two (2) Front door windows, Four (4) Horizontal windows in side walls (tinted) 10"x 30",Two (2) Rear windows 10"x14" (tinted) • Cargo Body Vertical Panels non angled • Front ram bumper/pull bumper with push bars and radiator protection • Fuel tank with locking armored door, armored vertical protection and skid plate • Cab Cut-0ff Design with full length stainless steel piano hinges • Front doors hinged Forward; with bar lock system to keep doors open for shielding • Standard double rear doors with holdbacks • Non armored hood and firewall; Armor protection added behind front fenders; computer protection Features• • HD Ride-on grip grated step rails-Both sides and at full rear • Interior & exterior steel grab/step bars with non-slip surface to assist in roof access • Exterior roof grab rails with non-slip painted surface • Added padding at reaz door • Non-slip painted surface on: Roof, interior floors, rear bumper, steps • (2) Front vinyl seats-mid-back vinyl with 3 Point shoulder harness at each seat Interior rear bench seating; Fold-up with pneumatic assist arms & under seat storage • Rear Air Conditioning System: A/C and Heating unit (33,000 Btu cooling & 22,000 Btu Heating) mounted center of roof between cab and cargo area for additional cooling and heating; includes second compressor and second condenser • Exterior, door mounted reaz view mirrors • (4) Heavy duty tow hooks; (2) on front bumper, (2) on rear bumper Ouote #: J07111501 November I5, 2007 DEL RAY BEACH POLICE DEPARTMENT BATT-S Page 2 of 3 Features Con't • Exterior painted to (Customer Choice) (White, Black, Blue, OD Green) Non CARC • Roof Painted White for help with Temperature control • Extended Rear Bumper with 2"d drop down step for deployment • (2) Remote control Spot Lights added to comers of cab • Run Flat Tire Package (Incl. 6 Run flat inserts) • Internal Whelen LED White/Red Lights, Added Rear Bumper Light • Roof/Escape Hatch (non rotating) • Install Customer Supplied Lights and Siren Package • Install Wig Wags and Strobes Chassis Specs: (Included in price below) • F-550 Super Duty commercial chassis • 6.8L Triton V-10 Gasoline Engine; 4x4 • 141 "wheel base • Electronic 5-speed automatic transmission with overdrive • Tires (6) 245/70819.5 All season radials, dual rear wheels • OEM in dash air conditioning ,heating and defrost • Mono-beam leaf spring suspension with stabilizer bar • Am-Fm Stereo Radio with clock • Sealed halogen headlamps • 4.88 LTD Slip Quote #: J07111501 November 15 2007 DEL RAY BEACH POLICE DEPARTMENT BATT-S Page 3 of 3 Price of Armored S.W.A.T. B.A.T.T: S: 599,985.00 Trade In Allowance for 1997 Union Ciri Bodv Used SWAT Uuit: $11.000.011 Total Due for BATT ~ minus Trade Albwance: *Price does not include freight Price E: Works Pitlsfkld, UtA *Approa. Price based on s 51.30 per mile from Plant: 51,850.00 *Track can be picked up if preferred Diesel Eogiue Upgrade: S5,500 November 15, 2007 Jeremy Johnson Regional Sales Manager The Armored Group LLC 221 W. Lancaster Ave., Ste. 8008 Fort Worth, TX 76102 Office: 817-332-4646 Fax: 817-288-0907 Cell: 817-291-4956 (24 hrs) November 15, 2007 Sgt. John Crane-Baker Delrny Beach Police Department 561-239-2827 Page 1 of 1 https://www2.mydelraybeach.com/exchange/Cranebak/Inbox/S WAT/FW :%20Pi cs%20of%ZOSWAT%20V... 11 /13/2007 Page 1 of 1 https://www2.mydelraybeach.com/exchange/Cranebak/Inbox/SWAT/FW : %20Pics%20of%20SW AT%20V... 11 /13/2007 • - ~ YYI~ IL3ai8iST~ PnNec[inq Our Nu[xm'~ ih fcnckrc"' BsarCat Official GSA Net Price List w/ Optlon Prices CoMreet # GS-07F-0390M Effective Date July 1, 2007 thru June 30, 2012 Schatlula Numher 539-SINS 428 88 GSA Contracting Ofilcer-Cary Grigsby Phone: 817-978.2486 - E-mall: cary.grigsby~gse.gov Item: Lenco BearCat (4WD, Rotating Hatch; Counter Balanced) V70 Gasoline Engine is Stanard Options: Diesel Engine (Recommended for Prolonged Idling) Run-Flat Tires: Set of (6) Roof Mounted Remote Control Spot Light for (1), (Max 4) Radiation Detection Package Explosive Gas Detection System Rear Auxiliary AC/Heating System Intercom System; Inside to Outside AC-DC Power Inverter 1,800 Watt w/ Battery Charge Feature AC-DC Power Inverter 3,600 Watt w/ Battery Charge Feature Electric Power Winch (Deletes Front Storage Area on Bumper) Radio Prep Package (1) Unit (Maximum 2) Light Bar Prep Package Whalen Edge Light Bar (Installed) Whalen LED Light Bar (Installed) VSP Style Low Profile & Scene Lighting Package VSP Police Style Turret-Tower w/ Gunport (Pneunaric Lir r+alrn> Ballistic Skip Round Shield (1) Seat Betts Rear Bench Seats Military Style Cupola and Mechanical Turret System Bedrock Paint Back up Camera System with Monitor Thermal Image & Color Camera w/Flat Screen Cokx Monitor (2) Mid Back Seats in Rear (Bench Seats Shortened) 19.5" Spare Tin; with Run Flat 22.5" Spare Tire with Run Flat Supplemental Floor Armor/Blast Shield (BearCat OCONUS) Heated Windshield Upgrade Ford F550 Service Manuals 22.5" Tire and Wheel Upgrade Front Mounted Receiver with Ram Post and Plate Rear Tow Hitch MEDEVAC (4) Litter Pkg SCBA System/ To include Bottled Air/10 Inside Attach Points PROPRIETARY Product # Retail GSA Net Prlce BC55003 $ 192,000.00 $ yp«+..:'~.'r=' BCDLEN $ 5,150.00 $ 4,930.00 BCRF6 $ 6,300.00 $ 6,030.00 BCRCSL $ 1,050.00 $ 1,004.00 BCRAD $ 5,250.00 $ 5,025.00 BCDRG $ 5,250.00 $ 5,025.00 BcAC a z,ooo.oo $ 1,sla.oo PCINT $ 3.000.00 $ 2,871.00 BCPINV2 $ 2,650.00 $ 2,536.00 BCPINV36 $ 3,700.00 $ 3,541.00 BCWNCH $ 2,650.00 $ 2,536.00 BCINSRA $ 525.00 $ 502.00 BCILB $ 525.00 $ 502.00 BCWELB $ 2,125.00 $ 2,034.00 BCLEd $ 3,055.00 E 2,924.00 BCVSPL $ 4,250.00 $ 4,068.00 BCVSPT $ 11,500.00 $ 11,007.00 BCBSRS $ 1,500.00 $ 1,436.00 BCSBLT $ 1,300.00 $ 1,244.00 BCMTUR $ 19,500.00 $ 18,664.00 PCPJ $ 2,150.00 $ 2,058.00 BCBU $ 2,400.00 $ 2,297.00 BCTI $ 30,000.00 $ 26,714.00 BCMBS $ 1,600.00 $ 1,579.00 BCSTRF $ 1,650.00 $ 1,579.00 BCSTRF2 $ 2,761.00 $ 2,643.00 BCSFA $ 5,500.00 $ 5,264.00 BCHGW $ 2,250.00 $ 2,153.00 BCFMNL $ 475.00 $ 455.00 BCTWU $ 7,940.00 $ 7,600.00 Open Market Item $ 3,500.00 $ 3,500.00 Open Market Item $ 500.00 $ 500.80 Open Market Item $ 19,875.00 $ 19,875.00 Open Market lam $ 25,000.00 $ 25,000.00 FOB Origin, Freight Pre-Paid and Added By Vendor to be Invoiced on Separate Line fiem Time of Delivery 120 Days + or -Standard Commeroial Warranty Spec/fits#ons Subject to Change. 10 BETNR Industrial Drivs • Pfltsfield, MA 01201 • PH (413)443-7369 ~ FAX (413) 445.1.866 www.Armoredirucks.com • www.SWATWCks.com •- •-~• Protect ink Our NaLIOn's De f Cnck~rs ^' B.E.A.R. Official GSA Net Price List w/ Option Prices Contract # GS-07F-0390M Effective Date July 1, zbo7 tnru Jnne 30, 2012 ~PROPRIETARY~ Schedule Number 539~41N3 426 99 GSA Contracting (Nfl[:er -Cary Grigsby Phone: 817.978-2485 - E-mall: rary.grigsby~gsa.gov Item: Product # Retail GSA Net Price LencO B.E.A.R. (Diesel, Rotating Hatch; Counter Balanced) BFL603 $ 251,075.00 $ 240,310.00 Options: 4WD, Four Wheel Drive Option B4WD70 $ 42,000.00 $ 40,199.00 Run Flat Tires: Set of (6) BRF6 $ 6,300.00 $ 6,030.00 Roof Mounted Remote Control Spotlight for (1), (Max 4) BRCS $ 1,050.00 $ 1,005.00 Radiation Detection Package BRAD $ 5,250.00 $ 5,025.00 Explosive Gas Detection System BDRG $ 5,250.00 $ 5,025.00 Set of (2) OnSpot Tire Chains BONSP $ 3,150.00 $ 3,015.00 Whelen Edge Light Bar (Installed) BWELB $ 2,400.00 $ 2,297.00 Whelen LED Light Bar (installed} BLED $ 3,200.00 $ 3,017.00 Intercom System; Inside to Outside BINT $ 3,000.00 $ 2,871.00 Radio Prep Package for (1) Unit (Maximum 3) BIRA $ 525.00 $ 502.00 Light Bar Prep Package BILB $ 525.00 $ 502.00 Set of (2) Ballistic Skip Round Shields BBSRS2 $ 2,950.00 $ 2,824.00 Seat Belts for Rear Bench Seats BRBSB $ 1,450.00 $ 1,388.00 Bedrock Paint BPJ $ 3,150.00 $ 3,015.00 Set of (6) Mud & Snow Tires (N/A 4WD) BMST6 $ 3,150.00 $ 3,015.00 Fold-Up Steel Work Table BFSWT $ 275.00 $ 263.00 Back Up Camera & Monitor BBU $ 2,400.00 $ 2,297.00 Thermal Image 8 Color Camera w/Flat Screen Color Monitor BTI $ 30,000.00 $ 28,714.00 Chassis Parts & Service Manual BFLMAN $ 500.00 $ 479.00 Heated Windshield Upgrade BHW $ 2,250.00 $ 2,154.00 RAM Device/ Deletes Standard Winch/ Requires 4WD Option Open Market NC NC FOB Origin, Freight Pre-Paid 8 Added Ey VerMOr to he Invoiced on Separate Line ttem Time of Delivery 120 Days + or-Standard Commercial Wamany SpeclNeatlons Subject ro Change. 10 BETNR Industrial Drive ~ Pittsfield, MA 01201 • PH (413)443.736$ • WAX (41$-444-7$64 www.ArtnoredTrucks.com • vnaw.SWATtrucks.com LENCQ .., I'7i,1i Pi'(INGi d~lllr N,Il i01r~ I)~'~P11fZ{'V~`"' The Lenco BearCat® Ballistic Engineered Armored Response Counter Attack Truck Standard Features A Eauioment Armor Materials and Defeat Cauabilities • All Vertical Opaque Panels and all Windows Defeat 7.62x61mm AP Armor Piercing and all lesser threats such as: 7.62 M-80 NATO (41M requirement) and 6.66x45mm M-193 NATO (.223 Caliber FMJ), and 6.56x46mm SS109 • MIL A46100 Certified Armor Plate Steel Body • Multi-layered Glass-clad polycarbonate Ballistic Windows • Horizontal Panels, Roof, Floor & Hood defeat 7.62 x Slmm M-80 NATO Ball. V-50 Fragmentation test results available for .22 Caliber, .30 Caliber & .50 Caliber. Tactical Security Features • Rotating Roof Hatch/Turret with Gunport and Counter Balanced Assist System • Interior Floor Stand with Non-Slip Surface for Assist Height thru Roof Hatch • Interior & Exterior Steel GrabJStep Bars to assist in roof access • (6) Armored Observation Windows in Rear Area, Tinted- (2) Each Sidewall; (2) Rear Doors • (10) Lenco 5" Diameter Ballistic Gunports (1) each Driver and Passenger Doors, (3) each Side Wall; (1) each Double Rear Door • Non-Slip Grated Running Boards -Both sides and Rear • Exterior Steel Grab Handles, Side and Rear Walls • Exterior Roof Grab Rails, both sides and full rear • (2) Front Doors with Key Lock -Hinged Rearward with Hold Backs, Battle Bolts all Doors (Forward Opening Doors Availab/e) • Double Rear Doors with Key Lock -with Interior & Exterior Steel Grab/Step Bars • Front Steel Ram Bumper with Armored Slotted Grille • Armored Hood with Pneumatic Assist Rods and HD Tie-off; Inside Hood Release Bodv Construction Features • Non Slip Tactical Surface on Roof • Interior Rear Bench Padded Seats with under seat storage • Exterior Rear View Mirrors both sides • Heavy Duty Front Tow Hooks: (2) • Latching Flip-Up Door Thresholds prevents loose items from sliding out. • Exterior Body Painted Single Color, CARC; Chemical Agent Resistant Coating • HD Vinyl Driver & Passenger Front Seats with Lumbar Support • Armored Flat Fron[ & Rear Fenders/Steps • 40 Gallon Fuel Tank with Locking Armored Door • Armored Vertical Protection/Skid Plate on Fuel Tank 10 Betnr Industrial Drive • Pittsfield, MA 01201 PH (413)443-7359 • FAX (413) 445-7885 wwwAmaredTrucks.com www.SWATtrucks.com Liahtina and Electrical Features • Red and Blue Strobe Lights on Front Grille & Rear Wall • Wig-Wag Lights -Front and Rear • Interior Control'Rear Stealth' Black-Out Switch (Back-up Lights, Brake Lights) • 200 Watt Multi-tone Siren with PA System • (6) Interior Lights -White/Red combination for enhanced Night Vision • Front Driving Lights built into bumper • Back-lit switch panel console Lenco BearCat® Chassis SDecifications Ford F-550 Super Duty Commercial Chassis • Engine--POwerStroke 6.OL, V-8 Turbo Diesel Engine, 325 HP/560 Ib.-ft Torque • 4-Wheel Drive with Locking Hubs • 125" Select Wheel Base • TorgShift®Electronic 5-Speed Automatic Transmission with Overdrive • Tires - (6) 245/70R x 19.5E All-Season Steel Belted Radials -Dual Rear Wheels • Ford In-Dash Air Conditioning, Heating & Defrosting • Dual Alternators with Electronic Idle Controller • Power 4-Wheel ABS Brakes • 19,000 lbs. GVWR (Gross Vehicle Weight Rating) • Est. Curb Weight Standard Armored BearCat: Approx. 16,500 lbs. • Tilt Wheel/Cruise Control, AM-FM Radio • 4.88 Gear Ratio Limited Slip Differential • Ford New Vehicle Chassis Limited Warranty - 36 Months / 36,000 Miles • Ford 5-Year / 100,000 Mile Limited Warranty on Diesel Engine • (12) Month Lenco Limited Warranty These Specifications are accurate at the date of issue, but are subject to change without notice so that we may continually review and improve our products. BCS:03/O6 Pr.=1n ibi,~ ~`tvr A'~fiiln YS ik-;o:6mr. Because [hc Colton Police Dcpurlntent has SLR 1I and gang ~upptession teams, i[ is im- lxr<trmt that rriiicerx hme the ng}d kind oC equipment, (x xai~ In lone 2l?f)d.a20-sr~ar-ol,l Tonlvtaman svcrs tukilh'sh<x in Q,1htn at Ilcr lujacl:Lriz a am' uitlt t+w +romen in it and rornnnng a police 5 chicle duringapursuit. Kul<~n,aidhe deusrit 4:.vav; i C the dcpartrrtatt ++atuid have had time W nnr- bilvc ihebullet nxisran[ vehicle in ihnl situa- tion hccuusc the "sus}tcaa was eery mobile.'. "It w~xrld }x: more Cnr rescuing citizens and officers ++hm-e there i; gunfire or high risk or durine riot sima[ion~ " he said- Palrn Springs police purchased a Lenen F3earCat armored veltick I<+r a little over $ZOi),Ut%) lust mon4r. Colton police added an k-ton memlxv to its force this mutth -- a diesel-pemurctil,hullo-rosistant vehicle eq[ripped++ith ~,un Ixrrts. 11ie Trord P->JO Irante truck will be deploy+xi if otTicers exchange gout rn: with suslx;cts, rescue anyone utjured d[aing a gun 6atttc rn- serve high-risk se;uch war;mts,Polio: Chief Ken Rulon said. Sgt. Mitch Spike, a departrnent spokesman, said officer recogatized ttte nextil for an armored ye}riele th 1997 when they reslwnded m a sha~fm, rent the outskirts of town that killed hvo Riverside Comm' shcrrlPs depuLc<. "~ihey were shot and blcv:ding and wre couldn't go in and get them t>r:cause shots were still being Bred," Spike said. Although there Ivrvcai t been unc full-out gun battles in recent rexvs, ollicers htve had to arre t suspects in place; Utat could be threaten- ing, 1.1. b7iark (h+cns suid- '"fhe most recent incident wc; had was ++fien there was a suspect that we needed to arrest svho we ixlieved could be armed and dangerous," Ow~cns said of a warrant screed last tall. ""[item was only one way into the home whcvc dte suslxt.t was and one ~°ac out, and that utuld hate put ollicers in n armpromising situ:rtirnt" The $2(K1,000 vehicle 55 as porhased with na~nev colleotedN~hen cnmi- nals assets an^ u.u~cd_ If has n 40-year life sl>.an. Rulon said. (hher Inl:md Ix~lieo agencies also have bullet-resistant vehicles or depend on the one owrxd hr the Shari lT s Delkaritnent. 7o ntnke sure every-one r_c safe drtting an~~ event, outer police agen- cies may borow Cotton's vehic]e during an emergency or to secye warrants. I2ulon said. "It'sa tool and ire shouLdlet others bare access to it to make their job Baler and to protect the public " he said. 'fhe vehicle is under the A WtAi resat s cormnand and has been used three times since it +yus delivered eurlicv this month, Raton cold. lire na:k was used t<r u~rre truce setvtrate search wurranls axxl is dis- plavcd dm-ing cite cs cots, such as Unih~ Day, he said. Councilman t2ichard I~LaRoss said he is glad the department +cas able to purchase the vehicle +titlnnrt err cost to residcnts. "With all the gang wtus going on in San ftemardirto and swrounding cities, you u-e crime is only getting taorse a- far as Pm wni:emed, so it's a bt-refit to have something tike this in Cotton;" DehaRosa said. the Corona Police Ih~trrtmeM uses an armored car forhigh-risk sce- a2rios 6uthns no plans For new additions to its Il~w-t Sgt Neil Reynolds said. "femcx;ula_ Jake Elsinore and Moreno Valley do not have ar- mored ye}ticles. Lt. Joe Cleary, a Moreno Valley patrol supervisor, said his officers ++ould wrelcome the addition of that tI~ of vehicle, althou~ St could be impractird. ""Chere isn't a hard and fast answer to it;" Cleanr said. "Yea, it cyanid t>L nice to love, but, in temu of legator duties, it (could) Yx; sitting around in the parkir~, lot" Police. inthe Pa-s also see the need Par an armored vehicle because a lxtomingpopulation +4i11 prutxtbly lead di an increase vt crone, said ht. Mike MassoCthe Catifomia Highua~~ Patrol. 'f he IntcrsWte IQ corri- dor between Cahoon and Calimesa is- as ripe Cor gun Ivrttles as any other Inland freeway- Mass said. In Cabaron last .forte, I-!0 wns closed wfien police and a Coachella Vullcr homicide suspect esctvanged ut least 90 rounds. lVO one was utjured, but investigators 55 orked for l2 hams prooessu~ riyo crime scenes stmddlin, dte Fields Road othmmp_ Traffic was stacked ug for more th:m LQ rmlec "Someiltirg line 1luRt eo~ild easily happen out hen" Mass vttd by phone tram the Cf 1P subuation in Bearumont. tiosvever, Lt. John Acosta said he could notru;all a single Burt battle in Beaumon[drtrutg his 24 rears with the citS~sPolice Departrnent. "I don't think ryere there F°et," A~wsta said "I~nesdas_ Vafftvri[ers Jnrrcrn 1'ittru~hi, Urn~id llernaun, PahtcF. Q"v'eil, Paul DeL'arla rmd JoMr:9.chtrry crnrtribzrted to this report. Police enlist 8-ton ally to deal with dangerous suspects COLTON: Police Chief says the bullet resistant truck will be used when gunfire is exchanged Greg Vojtke the Press-Enforpri~ce Page 1 of 2 Crane-Baker, John From: Richard Newcombe [Richard~alpineco.coml Sent: Tue 11/13/2007 3:17 PM 70: Crane-Baker, John u: Subject: RE: Web2: SWAT Aodda, John Crane-Balser Attachments: Mr Crane, I'm not sure what happened to my first response to you, I apobgae for the delay! Thank you for your email. As you requested, I am sending you this email based on Alpine's armored SWAT truck (Pit-Bull as shown below) which is a smaller and much more agile vehicle than Lenrn Bear truck, and it also comes with 4x4 capability. As you probably know, Alpine Armoring Inc. (www.alpineco.wm) is a leading supplier of armored vehicles and also SWAT trucks. We are also a GSA schedule contractor (contract #: GS-07F-93765). It just happens that we currently have this completed armored Ford F-550, 4x4, SWAT trucks (Pit-bull) with powerful turbo-theses I engines that is available for sale RIGHT NOW as shown below. The seating capacity for the crew ~ 8 to 10 crew. The protection level for the armoring on both the steel and ballistic glass is level A9 (hrr~~ r _ ). This truck can and will be painted your choice of color at no cost to you. I highly recommend this truck. The sparfatdaootat8aessele prioris eed[r #149,80P. Please click on the links below for more details. http:((www.alpineco.cc~mJinvc~~tiaYi`s~- 't trucks/pit huIL5881.ntml To watch a video for this truck, please go to this page of Alpine Amwring's web site (http ' v .alp n o_com/newslindex.htrnl), then on the left side, under the heading "TV Appearances and videos", click on the sixth icon from the ~p "SWAT trucks videos". The user name is alpine570, and the password is pit100. We will gladly finalize this order for you with a formal quote/invoioe (with or without using the GSA as your contract) as soon as yous depashnerK is ready to confsmi the order. Thanks again, and it will be a pleasure to be of service to City of Delray Beach. Mr. Crane, please feel free to call me any time at my direct line/mobile (703-471-1113) for all your questions. Best regards, Richard Newcombe Alpine Armoring Inc. Herndon, Virginia USA rlchard@alpineco.com www.alpineco.com 703.471.0002 Fax: 703.471.0202 Direct line: 703.471.1113 No One Protects You Better The above email may be privileged and confidential and protected from disclosure. If the reader of this message is not the intended recipient, or an employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication ~ strictly prohibited. If you have received this communication in error, please notify us immediately by repying to the message and deleting it from your computer. Unauthorized use or distribution is prohibited and may be unlawful. Thank you. Alpine Armoring Inc. https://www2.mydelraybeach.com/exchange/Cranebak/Inbox/RE: %20W eb2:%20SW AT%20Florida,%20Jo... 11 /15/2007 The East Baton Rouge Parish Sheriffs Office shows off tts neva armored SWAT vehicle Friday, Novemher 17, 2006. The Lenco Bcarcat is a bc;henroth of an emergency response vehicle. Equipped with a 32i-horsepowertuttro diesel engine and tonsofsolidsteelpanelir>g afecvbpstotheexteriorshell might lead one to believe it is a tank instead of a modified truck. In mane ways it is a tank. Retrofitted with military grade armor capable of stopping a wide range of lycaponrv and a shielded rooftop grnmer hatch, [he B~rcat is technically com- bat ready. But this vehicle cyill not be shipped overseas to tight This $237,000 weapon will be rmlcashed on the streets of East Baton Rouge Parish. "l acknowledge that to some this ma} seem ovcrthe top or extreme," s<tid Col. Greg Phares, chief criminal deputy with Che East Batou Rouge Parish Sheriff's Office. "But when ti~ou need the capabil hies of something like this, you are happy to have it.`' On the grounds ofthe Sheriff`s Otlice pistol range in north Baton Rouge on Frida}c the agene~'s SWAT team demon- strated a series ofsituations using the Bcarcat and an older Ford F-4~0 recentk modified to reach multistory buildings_ About l0 SWAT team members boarded the vehicles in a variety of drills, including a hostage crisis, a gunmen in a building, ahigh risk warrant search and abarricaded suspect emergency. Using awnch and the full force of the machine, the Bcarcat handcdlo~ ripped aiva} a steel bared door before otlicers tuu- nelcd info t11c bui (ding. "Sheriff's Office! Search war- rantl Sheriff's Office! Search cyarrulC"' a SWATteam mem- bcryclled intodlc vehicle s pub- lic address svstenl as tllc team ovemhelmed the room. the inside of the Bcarcat is equipped with hvo,fiye-person track length bench seats- mul- tiple peep holes ready for rifles w poke out and half- inch thick steel walls. The oldertmck w:~s modified by special operations commander Capt. BobM Font. He learned how to weld in high school and using "a few hundred dollars" and an idea from another fab- ricated track, Font got [o work. Instead ofgoing up the stairs at an aparnnent complex, Font said, the SWAT team will be able to get into an apartmenC using asecond-stop- patio using the older, modified truck. We can`t wait to nse it and see how it does," he said. FundedmostlvwidlaU.S.DepartmentofHome[and Secu- rih~ grant. the olive drab colored Bcarcat already has been deployed in five drag raids inside dte parish. -'It is one of those vehicles you hope you neverhave to nse,° Phares said. "Bet when } ou need it_ eou rcallp need it I was there on tlco of those raids and it worked beautifully." TI1e Jefferson Parish Sheriff's Office and the St. Bernard Parish Sheriff's Office each have itvo Baarcats, ~y°hile many more law enforcement agencies in Louisiana either are Iook- i ng orarc inthe process of bu}'ing one. "Recently, the Virginia State Police used one of these and they were shot at 27 times be someone using an AK-47.' Deputy Steve Bailey said.'T7o one got hurt and all officers involved were safe." East Baton Rouge gets new armored vehicle f3c MARK G. ftUNNb:R Riblishcd: Noe 18.2006 MEMORANDUM TO: FROM: THROUGH: DATE: SUBJECT: MAYOR AND CITY COMMISSIONERS ,(~ .~.~ SCOTT PAPE, AICP, SENIOR PLANNER /' W~e~ ~°~- MARK MCDONNELL, /AjICP, ASSISTANT DIRECTOR OF PLANNING CITY MANAGER (,~' ( ~~~~1 ~~~/~ ITEM BEFORE COMMISSION The action requested of the City Commission is consideration of an appeal of the SPRAB (Site Plan Review and Appearance Board) action on the building elevations associated with the Class IV site plan modification for Pediatrics by the Sea. At its meeting of November 14, 2007, the SPRAB voted 3 to 3 to approve the building elevations for the proposed redevelopment. Since the split vote does not approve the building elevations, the applicant has appealed this action to the City Commission. The applicant submitted the appeal request to the City Clerk's Office on November 15, 2007. This request is being processed pursuant to LDR Section 2.4.7(E)[Appeals]. BACKGROUND The subject property consists of a portion of Lot 19 and all of Lots 20 and 21, Block 111 of the Town of Delray Subdivision and contains 0.158 acres. The property contains an existing building that is currently occupied by a medical office. At its meeting of November 14, 2007, the Site Plan Review and Appearance Board (SPRAB) approved the Class IV site plan and landscape plan for Pediatrics by the Sea. As noted above, the split vote does not approve the building elevations. The Development proposal consists of the removal of the existing circular driveway along Federal Highway and monument sign and construction of a 730 square foot building addition along the west side of the existing building. Pursuant to LDR Section 4.6.18(E), the following criteria shall be considered by the Site Plan Review and Appearance Board in the review of plans for building permits. If the following criteria are not met, the application shall be disapproved. (1) The plan or the proposed structure is in conformity with good taste, good design, and in general, contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality. (2) The proposed structure, or project, is in its exterior design and appearance of quality such as not to cause the nature of the local environment or evolving environment to materially depreciate in appearance and value. Appeal of SPRAB Action Associated with the Class IV Site Plan Modification for Pediatrics by the Sea City Commission Regular Meeting -December 4, 2007 (3) The proposed structure, or project, is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the supplemental criteria which may be set forth for the Board from time to time. The architecture of the building addition is a modernistic approach that has a vernacular influence. The roof is a shed style with a galvanized aluminum v-crimp roof. The north elevation also has a clere-story window. However, the western elevation has seven windows with muntins. The roof line has wood brackets and rafter tails. Pursuant to LDR Section 4.6.18(6)(1), buildings or structures which are a part of a present or future group or complex shall have a unity of character and design. The relationship of forms and the use, texture, and color of materials shall be such as to create a harmonious whole. When the area involved forms an integral part of, is immediately adjacent to, or otherwise clearly affects the future of any established section of the City, the design, scale and location on the site shall enhance rather than detract from the character, value, and attractiveness of the surroundings. Pursuant to LDR Section 4.6.18(6)(2) and (3), all facades visible to public or adjacent property shall be designed to create a harmonious whole. Materials shall express their function clearly and not appear as a material foreign to the rest of the building. To be harmonious, it is not to be inferred that buildings must look alike or be of the same style. Harmony can be achieved through the proper consideration of scale, proportion, site planning, landscaping, materials, and color. The Board members that did not support the building elevations indicated that the building addition was not harmonious to the existing building. Further, the building material (galvanized corrugated metal panels) and roof style were not compatible to the existing building. It is noted that staff recommended that the corrugated metal panels be replaced with hardi-plank, which would be more consistent with the vinyl siding of the existing building. Despite the applicant agreeing to this condition, the opposing Board members felt that harmony could not be achieved. The Board members that supported the architecture of the building addition indicated that the approach proposed by the applicant was innovative and consistent with the architecture of the existing building. REVIEW BY OTHERS At its meeting of November 8, 2007, the CRA (Community Redevelopment Agency) recommended approval of the site plan modification. The Board agreed with staff that the materials on the addition, such as the proposed metal siding, should be changed to be more consistent with the original building. At its meeting of November 12, 2007, the DDA (Downtown Development Authority) recommended approval of the site plan modification. RECOMMENDATION Move approval of the request for architectural elevations for Pediatrics by the Sea, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 4.6.18(E) of the Land Development Regulations; subject to the following condition: 1. That the corrugated metal siding be replaced with cementitious siding. Attachments: Location Map Architectural Elevations Site Plan Review and Appearance Board Staff Report dated November 14, 2007 2 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This is an appeal of a decision of the Site Plan Review and Appearance Board (SPRAB) regarding the denial of the building elevations by SPRAB of the Pediatrics by the Sea Project located at 285 SE 5~' Avenue. This appeal comes before the City Commission on December 4, 2007. 2. The Appellants, Appellee and City staff presented documentary evidence and testimony to the City Commission pertaining to the appeal of the denial of the building elevations by SPRAB for the Pediatrics by the Sea Project. All of the evidence is part of the record in this case. Subsections I and II. I. COMPREHENSIVE PLAN REQUIREMENTS MET? Required findings are made in accordance with ARE THE COMPREHENSIVE PLAN Is the denial of the building elevations consistent with and does it further the policies and objectives of the Comprehensive Plan? Yes No II. LAND DEVELOPMENT REGULATIONS: ARE THE LDR REQUIREMENTS MET? Pursuant to LDR Section 4.6.18(6)(1), buildings or structures which are a part of a present or future group or complex shall have a unity of character and design. The relationship of forms and the use, texture, and color of materials shall be such as to create a harmonious whole. When the area involved forms an integral part of, is immediately adjacent to, or otherwise clearly affects the future of any established section of the City, the design, scale and location on the site shall enhance rather than detract from the character, value, and attractiveness of the surroundings. Pursuant to LDR Section 4.6.18(6)(2) and (3), all facades visible to public or adjacent property shall be designed to create a harmonious whole. Materials shall express their function clearly and not appear as a material foreign to the rest of the building. Pursuant to LDR Section 4.6.18(6)(4), to be harmonious, it is not to be inferred that buildings must look alike or be of the same style. Harmony can be achieved through the proper consideration of scale, proportion, site planning, landscaping, materials, and color. Are these requirements met? Yes _ No _ Pursuant to LDR Section 4.6.18(E), the following criteria shall be considered by the Site Plan Review and Appearance Board in the review of plans for building permits. If the following criteria are not met, the application shall be disapproved. (1) The plan or the proposed structure is in conformity with good taste, good design, and in general, contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality. (2) The proposed structure, or project, is in its exterior design and appearance of quality such as not to cause the nature of the local environment or evolving environment to materially depreciate in appearance and value. (3) The proposed structure, or project, is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the supplemental criteria which may be set forth for the Board from time to time. Are these requirements met? Yes _ No _ 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan and Land Development Regulations. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 2 5. Based on the entire record before it, the City Commission approves denies _ the appeal, with the condition(s) as provided in Exhibit "A", and hereby adopts this Order this 4"' day of December, 2007, by a vote of in favor and opposed. Rita Ellis, Mayor ATTEST: Chevelle Nubin City Clerk 3 EXHIBIT "A" To the Commission Order Regarding the Appeal of the SPRAB Decision for the Pediatrics by the Sea Project That the corrugated metal siding be replaced with cementitious siding. 4 w > a ~- Q Q Q Q ~ ~ S.E. 1ST ST. ~ W N = _ ~ (0 Q W f/1 _ W W !n (n S.E. 2ND ST. ~ o >_ n a _ c S.E. V W 3RD ST. p p J z Z Z ~ O Q O 07 m ~- N ~ ~ ~ O O v/ O Z W N (~ Q W W N N O U S.E. 4TH ST. Q ~ 0 ~ S.E. 5TH ST. z z - 9 z ti ~ ~ W W 14 III ICI I'~I~ ICI TI ~TI'I o ~ ~ Z > ~ W Q Q O S.E. IJ~LJ_1y 6TH ST. META > > 2 > ~ H u7 c0 N PEDIATRICS BY THE SEA PROPJERTY 285 SE 5TH AVENUE pTY OF DEIRAY BEACH, fL PLANNING k ZONING DEPARTMENT LOCATION MAP -- O/C/TAL &ISE MAP SYS7fM -- MAP REF: 5:\Planning h Zoning\DBMS\File-Cab\Z-lM 1001-1500\W ID1]_PeEiatrica by the Sea ~~: ~~:: ~. ~jz~t~}~~~iFi1'~ ~~~ <~ mom ~m~ W N a ~ ~ ~. j ~ ' ~~ ;~~~~~~~~~ i~~~~ 4~l~I~~l~~ ~~i~~~ ~, r g ° .~ H k 6 ~' Q A F $~ a URMTBGCM IC®d Y.YVbWI ~~~~m 1993 !W1 Agent: Project Name: Project Location: Jeffrey Silberstein Architect & Associates Pediatrics by the Sea OfLGTBFNCH IC~td YlMmioGq ''III 1993 2IX11 Northeast corner of SE 5th Avenue (Federal Highway) and SE 3rd Street (285 SE 5th Avenue). The item before the Board is consideration of the Class IV site plan modification, landscape plan, and building elevation for Pediatrics by the Sea pursuant to LDR Section 2.4.5(F), 4.6.16, and Section 4.6.18. Background At its meeting of October 24, 2007, the Site Plan Review and Appearance Board (SPRAB) reviewed the Class IV Site Plan Modification for the Pediatrics by the Sea project. The modification included the construction of a 730 square foot building addition along the west side of the existing medical office-and expansion of the parking area. The Board postponed the site plan modification due to the following concerns: - The plans are hard to understand, lack clarity, and provide insufficient information. - There is a wall noted on the floor plans that appears to be incorrectly depicted. - The photometric plan does not comply with LDR Section 4.6.8. - The air conditioning unit needs to be screened. - The color scheme/elevations need to be provided for Board review. - Signed and sealed plans need to be submitted for Board review. Site Plan: The applicant has submitted revised plans to address the Board's concerns. The plans are signed and sealed by the respective professional disciplines. According to the applicant, the plans are consistent with respect to the walls noted on the floor plans. Meeting Date: November 14, 2007 Agenda Item: V.A. SPRAB Memorandum Staff Report Pediatrics by the Sea -Site Plan, Landscape Plan, & Building Elevations Page 2 Site Lighting: Pursuant to LDR Section 4.6.8 artificial lighting used to illuminate the premises shall be directed away from adjacent properties. Per LDR Section 4.6.8(B)(3)(c), the minimum illumination is 0.4 foot candles for the parking area and 0.3 is provided. While the deviation of 1/10~h of a foot candle is insignificant, a condition of approval is attached that the photometric plan be revised to comply with the illumination standards of the City. Landscape Plan: The landscape plan has been revised to provide a Redtip Cocoplum adjacent to the air conditioning units. Building Elevations: Based on the discussions of the Board, the applicant has eliminated building elevation scheme #1 from the development proposal. Scheme #1 was a modernistic architectural design. Thus, the applicant now proposes scheme #2 as the architectural design for the building addition. Scheme #2 is a contemporary architectural interpretation that incorporates some traditional vernacular elements such as the wood brackets, rafter tails, and window muntins. Additional background and a complete analysis of the development proposal is found in the attached SPRAB report. Conclusion The development proposal will be consistent with Chapter 3 of the Land Development Regulations provided the conditions of approval are addressed. The conditions of approval from the original staff report as revised per the Board's direction are found in staffs recommendation referenced below. By Separate Motions: Waivers• 1. Recommend 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, based on a positive finding with respect to LDR Section 2.4.7(6)(5). 2. Recommend 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, based on a positive finding with respect to LDR Section 2.4.7(6)(5). 3. Recommend 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 SPf2AB Memorandum Staff Report Pediatrics by the Sea -Site Plan, Landscape Plan, & Building Elevations Page 3 power, telephone, and CAN cables be located underground throughout the development, based on a failure to make a positive finding with respect to LDR Section 2.4.7(8)(5). 4. Recommend 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, based on a positive finding with respect to LDR Section 2.4.7(8)(5). 5. Approve 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, based on a positive finding with respect to LDR Section 2.4.7(8)(5). 6. Recommend 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 5d' Avenue, based on a positive finding with respect to LDR Section 2.4.7(8)(5), subject to a condition of approval that written notification be provided from FDOT that indicates approval of the proposed building location and adequacy of the line of sight. Site Plan: Move. approval of the request for Class IV site plan modification approval for Pediatrics by the Sea, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(F)(5) and Chapter 3 of the Land Development Regulations, subject to the following conditions: 1. That revised plans are submitted addressing all Site Plan Technical Items and conditions of approval; 2. That cut-sheet details of the light fixtures and light pole be submitted and that they be consistent with the architecture of the building. 3. That the photometric plan be revised to comply with the illumination standards of the City. Landscaae Plan: Move approval of the request for landscape plan approval for the Pediatrics by the Sea, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Sections 4.6.16 of the Land Development Regulations. Elevations: Move approval of the request for architectural elevations for Pediatrics by the Sea, by adopting the findings of fact and law contained in the staff report, and finding that the request and SPRAB Memorandum Staff Report Pediatrics by the Sea -Site Plan, Landscape Plan, & Building Elevations Page 4 approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 4.6.18(E) of the Land Development Regulations; subject to the following condition: 1. That architectural scheme #2 be utilized and that the corrugated metal siding be replaced with cementitious siding. Attachment: Site Plan, Landscape Plan, and Building Elevations Staff Report Dated October 24, 2007 ~~~~ ~irF~~~ ~ WJ p M Vl ~LL Z 6T ~ ~ ji W Z Z' ~ t V) gg (~ jai !'ia~11 6 Q II~ tl Z s g', _ 8 p N W d E 3 E AN H T z~ i 4 oy~~:: £ 1 a 3Fag:'~~l : ~{ t ~~~ Ffii~i ~~ri w ~ux _ N ` ~~ ~ , ~; ~a i .7 1( ij_ °a33~s ~ ~ ~ ~ a x m m ~>g '.. : ~ t~a~i ~i1€.' 333 s~Q a o ~~~ ~ i WS ~~_ ~~ g ~Ig@s ~ ~ "~~~~~~-~ a~SF~i o~ 3 36 $ ~ iee. ~ ~ gag ggg ta~g~ag ~~ a.: g6: Z Q a w SITE PLAN REVIEW AND APPEARANCE BOARD CITY OF DELRAY BEACH MEETING DATE: AGENDA ITEM: ITEM: GENERAL DATA: October 24, 2007 ---STAFF REPORT--- IV.A. Class IV Site Plan Modifi tion, Landscape Plan And Building Elevations Associated With Th Construction Of A 730 Square Building Addition To The Existing Med al Office For Pediatrics By-The Sea Located At The Northeast Corn r Of SE 5"' Avenue And SE 3`d Street (285 SE 5~' Avenue). Owner ........................ Rita Dew Agent ............................ ............. Jeffrey Silberstein Architect Location ........................ ............. Northeast corner of SE 5~' Avenue and SE 3rd Street (285 SE 5d' Avenue) Property Size ................ ............. 0.158 Acres Future Land Use Map ... ............. Commercial Core Current Zoning .............. ............ CBD (Central Business District) Adjacent Zoning ............ ...North: CBD East: CBD South: CBD West: CBD Existing Land Use ........ ............ Medical office Proposed Land Use ...... ............. Construction of a 730 sq. ft. building addition. Water Service ............... ............. Existing on site. Sewer Service ............... ............ Existing on site. i r Q 3 Q 3 J Q Q 0 U a z N ^ Expansion of the parking area; and ^ Installation of site lighting and landscaping. The site plan application includes waiver requests to the following sections of the City's Land Development Regulations: 1. LDR Section 4.4.13(F)(1)(a), which requires that the overall height of buildings be a minimum of 25 feet. 2. 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. 3. 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. SPRAB Staff Report -October 24, 2007 Class IV Site Plan Modification, Landscape Plan and Building Elevations for Pediatrics by the Sea Page 2 4. 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. *Existing nonconformity. "`Setback for building addition. 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: The following table indicates that the proposal complies with LDR Section 4.4.13(F)(2), (4) & (7) as it pertains to the Central Business District (CBD) zone district: SPRAB Staff Report -October 24, 2007 Class IV Site Plan Modification, Landscape Plan and Building Elevations for Pediatrics by the Sea Page 3 (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Building Height: Pursuant to LDR Section 4.4.13(F)(1)(a), overall height of building shall be a minimum of 25 feet and a maximum of 48 feet. The proposed height of the building addition is 15 feet. The applicant has requested a waiver from the minimum building height. The applicant has submitted the following verbatim narrative in support of the waiver: "Waiver to reduce the overall height from 25 feet to 19 feet as per LDR Section 4.4.13.(F)(1)(A). The existing structure is a one story building. The small addition is designed to be sympathetic to the scale of the existing cottage to the North. We believe a 25 feet structure would overwhelm the site and the existing structure. Furthermore, the size of .the property does not allow for a larger addition and therefore a second floor is not feasible." Waiver Analysis: The purpose of the minimum height is to provide a uniform streetscape similar to Atlantic Avenue. It is noted that this regulation is more appropriate in the situation when applied to new development or significant redevelopment of property. Given the nature of the existing building and the proposed building addition, application of this requirement could be considered onerous. If this requirement were applied to the proposed redevelopment it would create an issue with respect to insufficient parking and a scale issue between the existing and building addition. Consequently, positive findings can be made with respect to LDR Section 2.4.7(8)(5), Waiver Findings. Front Setback Area: Pursuant to LDR Section 4.4.13(F)(3)(f)(1), the front setback area shall be finished with paving materials to match the existing or planned sidewalks within the adjacent. right-of-way. The front setback area (the area between the building and the property line along SE 5~' Avenue) is proposed as landscape area. The applicant has submitted a waiver request to eliminate the paving requirement. The applicant has submitted the following verbatim narrative in support of the waiver: "...This project is not located in the central core district and has no pedestrian traffic. It is not in an area that requires more paved areas. When 5th Avenue is narrowed the sidewalks shall be wider further negating the need for more paved sidewalk in front of this building. We request relief as per LDR requirements." SPRAB Staff Report -October 24, 2007 Class IV Site Plan Modification, Landscape Plan and Building Elevations for Pediatrics by the Sea Page 4 Waiver Analvsis: The intent of this requirement is to provide a pedestrian friendly environment that encourages window shopping. This is a crucial design element in an urban setting in terms of generating the desired "synergy" for pedestrians. However, the subject property is located three blocks from the City's core downtown area (Atlantic Avenue, Pineapple Grove Way). The property does not share in the pedestrian relationship with Atlantic Avenue. Thus, the need to create the same pedestrian corridor as the core area is not present. Given the location of the property, it is more prudent to landscape this area and soften the front fagade of the building. Consequently, positive findings can be made with respect to LDR Section 2.4.7(6)(5), Waiver Findings. Visibility at Intersections: Pursuant to LDR Section 4.6.14, a 40-foot visibility triangle is required at the intersection of SE 3`~ Street and SE 5~' Avenue. The proposed building addition encroaches approximately 10 feet into the required visibility triangle. The applicant has submitted a waiver request to reduce the required visibility triangle. The applicant has submitted the following verbatim narrative in support of the waiver: "...NE 5'`n Avenue falls under FDOT regulations. An FDOT Visibility plan has been added to show that the project meets the visibility triangle as required by FDOT. We were advised by FDOT to follow the 6 lane divided sketch and assume a one way road with 3 lanes. We used a 35 and 50 mile speed limit and both met the visibility requirement. Also provided is the FDOT standard as to distance of car to intersection for measurement of sight line. We believe that the LDRs intent is to insure safety when it comes to visibility triangles. As this site is located in an urban environment FDOT has applied these guidelines as a basis for securing a safe pedestrian and vehicular environment." Waiver Analvsis: The City has supported waivers to the visibility triangles when one of the rights-of-way is an FDOT road such as Seagate Residences along A-1-A and Bucida Road. Given the speeds along SE 5"' Avenue and a concern for public safety, a positive finding can only be made with respect to LDR Section 2.4.7(B)(5)[Waiver Findings] subject to the specific condition of approval that written notification be provided from FDOT that approves of the proposed building location and confirms adequacy of the line of sight. Undergrounding of Utilities: Pursuant to LDR Section 6.1.8, utility facilities serving the development including but not limited to gas, electric power, telephone, and CAN cables shall be located underground throughout the development. The applicant has requested a waiver from this requirement to maintain the existing overhead service utilities. The applicant has submitted the following verbatim narrative in support of the waiver SPRAB Staff Report -October 24, 2007 Class IV Site Plan Modification, Landscape Plan and Building Elevations for Pediatrics by the Sea Page 5 "...The project is a small addition to an existing small office building. The existing parking lot will undergo minor changes and is paved in concrete. We believe intent of this requirement is for developments of a much larger scale." Waiver Analysis: The purpose of this requirement is primarily associated with the aesthetics of the development. Locating the overhead lines underground eliminates the clutter and conflicts with landscaping. The existing overhead line located at the southeast corner of the property will conflict with the canopy of the Gumbo Limbo tree. The proposed building addition represents a 40% increase in the gross floor area of the development, which is a substantial increase in floor area. Given the scale of improvements, it would be appropriate to require the undergrounding of the service utilities at this time. Based on the above a positive finding with respect to LDR Section 2.4.7(6)(5) cannot be made. LDR Chapter 4 6 Supplementary District Regulations: Parking: Pursuant to LDR Section 4.6.9(C)(4)(c}, medical offices are required to provide 5 parking spaces per each 1,000 square fee of gross floor area. The combination of the 1,060 square foot existing office and the 730 square foot building addition (1,790 square feet) is required to provide 9 parking spaces. The proposed redevelopment complies with this requirement since 9 parking spaces are provided. Site Lighting: Pursuant to LDR Section 4.6.8 artificial lighting used to the illuminate premises shall be directed away from adjacent properties. A photometric plan has been submitted that demonstrates compliance with the City's illumination standards. As allowed by the LDRs, the maximum height of light fixtures and poles is 25 feet. The photometric plan indicates that the parking area will be illuminated with the installation of a 15-foot high light pole and a wall mounted light fixture. A condition of approval is attached that cut-sheet details of the light fixtures and light pole be submitted and that they be consistent with the architecture of the building. Right-of-Way Dedication: Pursuant to LDR Sections 5.3.1 (A) and (D), the required right-of-way width for SE 3rd Street is 60 feet and 50 feet exists. Pursuant to LDR Section 5.3.1 (D)(4), a reduction in the required right-of-way width or existing streets may be granted by the City Engineer upon favorable recommendation from the Development Services Management Group (DSMG). The City Engineer and DSMG considered the reductions and approved the reduction of right- of-way for SE 3`d Street to the existing width. SPRAB Staff Report -October 24, 2007 Class IV Site Plan Modification, Landscape Plan and Building Elevations for Pediatrics by the Sea Page 6 Technical Items: While the revised site plan has accommodated most of the staff concerns the following item remains outstanding, and will need to be addressed prior to building permit submittal unless as otherwise stated. 1. That a public access easement be provided for the encroachment of the public sidewalk into the private property prior to certification of the site plan. 2. That the stop sign at the entrance be relocated onto the subject property prior to certification of the site plan. 3. That the width of the alley is consistently depicted on all plans prior to certification of the site plan and that the alley is improved within the 2-foot dedication area. A landscape plan has been submitted and evaluated by the City Horticulturalist. The landscape plans provide for perimeter and interior landscape areas adjacent to the existing and building addition, and parking area consisting of Maypan Coconut Palm, East Palatka Holly trees, and Gumbo Limbo trees. These areas will be underplanted with Century Plant, Hibiscus, Redtip Cocoplum, Purple Crinum Lilly, Dwarf Fakahatchee Grass, Green Island Ficus, Yellow Lantana, Thryaliis, and Spanish Bayonet. The proposed landscape plan complies with the City's Land Development Regulations (Section 4.6.16), provided the following issues are addressed: Air Conditioning Units: Per 4.6.16(H)(3)(n) all ground level air conditioning units shall be screened. No screening has been provided for the air conditioning units located along the north side of the building. Thus, a condition of approval is attached that the air conditioning units along the north side of the property are screened with a hedge. Pursuant to LDR Section 2.4.7(6)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Perimeter Landscape Strip: Per LDR Section 4.6.16(H)(3)(a) & (d), a landscaped barrier shall be provided between the off-street parking area or other vehicular use area and abutting properties and the public SPRAB Staff Report -October 24, 2007 Class IV Site Plan Modification, Landscape Plan and Building Elevations for Pediatrics by the Sea Page 7 right-of-way. This landscape barrier shall be located between the common lot line and the vehicular use area in a planting strip of not less than five (5) feet in width. This has not been provided at the north end of the parking lot adjacent to the maneuvering area and along the south side of the property at the entrance to the parking area. The applicant has requested a waiver from the perimeter landscape requirement. The applicant has submitted the following verbatim narrative in support of the waiver: "A waiver to reduce 5' landscape strip to 4'6" and omit landscape strip on the North side as per LDR Section 4.6.16(H)(3)ga) and (d). Considering the size of the lot and its location in an urban area it is difficult to meet this requirement. An existing hedge does provide a visual barrier between the two properties." Waiver Analysis: The SPRAB has supported numerous waivers to the perimeter landscape strip in the downtown due to infill development on smaller lots. In order to provide the required parking and maneuvering areas, it is problematic to provide the perimeter landscape strip given the size of the lot. The 6 inch reduction of the landscape strip along SE 3rd Street will not have a substantial impact on the aesthetics of the property. Further, the reduction of the landscape strip along the north side of the property will have no impact on the buffering of the property from Federal Highway since this area will be screened by the existing building and the addition. Consequently, positive findings can be made with respect to LDR Section 2.4.7(6)(5), Waiver Findings. Pursuant to LDR Section 4.6.18(E), the following criteria shall be considered by the Site Plan Review and Appearance Board in the review of plans for building permits. If the following criteria are not met, the application shall be disapproved. (1) The plan or the proposed structure is in conformity with good taste, good design, and in general, contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality. (2) The proposed structure, or project, is in its exterior design and appearance of quality such as not to cause the nature of the local environment or evolving environment to materially depreciate in appearance and value. (3) The proposed structure, or project, is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the supplemental criteria which may be set forth for the Board from time to time. The applicant has submitted two building elevation schemes. The first is a modernistic approach with a slanted roof line and galvanized aluminum v-crimp roof. The primary wall material is a corrugated metal siding. The north elevation includes clere-story windows and SPRAB Staff Report -October 24, 2007 Class IV Site Plan Modification, Landscape Plan and Building Elevations for Pediatrics by the Sea Page 8 the south side includes a Pilkington Profilit standard cast window with clear anodized aluminum frame. The roof overhang has a steel J beam support that will be painted black. The second scheme is also a modernistic approach that has a vernacular influence. The roof is a shed style with a galvanized aluminum v-crimp roof. The north elevation also has a clere-story window. However, the western elevation has seven windows with muntins. The roof line has wood brackets and rafter tails. Pursuant to LDR Section 4.6.18(6)(1), buildings or structures which are a part of a present or future group or complex shall have a unity of character and design. The relationship of forms and the use, texture, and color of materials shall be such as to create a harmonious whole. When the area involved forms an integral part of, is immediately adjacent to, or otherwise clearly affects the future of any established section of the City, the design, scale and location on the site shall enhance rather than detract from the character, value, and attractiveness of the surroundings. Pursuant to LDR Section 4.6.18(8)(2) and (3), all facades visible to public or adjacent property shall be designed to create a harmonious whole. Materials shall express their function clearly and not appear as a material foreign to the rest of the building. To be harmonious, it is not to be inferred that buildings must look alike or be of the same style. Harmony can be achieved through the proper consideration of scale, proportion, site planning, landscaping, materials, and color. The two proposed schemes are a unique approach to address these requirements. Scheme #2 appears to provide an interpretative approach that is more consistent with these requirements. The harmony between the existing building and the addition would be enhanced by replacing the corrugated metal siding with cementitious siding since the existing building has vinyl siding. Thus, a condition of approval is attached that architectural scheme #2 be utilized subject to replacing the corrugated metal siding with cementitious siding. Window Area: Per LDR Section 4.6.18(B)(14)(iv)(2), the 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. All storefronts or glass areas abutting the street shall be transparent, non-solar or non-mirrored, and have a light transmission reduction of no more than 20%. The western and southern elevations of the building addition do not provide SPRAB Staff Report -October 24, 2007 Class IV Site Plan Modification, Landscape Plan and Building Elevations for Pediatrics by the Sea Page 9 a minimum glass area of 75%. The applicant has requested a waiver from the minimum transparency requirement. The applicant has submitted the following verbatim narrative in support of the waiver: °...It is important to note that this building is very small and does not warrant as much glass as would typically be required for a large retail/restaurant structure. I believe the intent of the LDR is when you have a large 2 or more story structure along a busy pedestrian street with shops, restaurants the need for more transparency is obvious. There is continuity from building to building. This project is far from the central business district and consequently it is not what is considered a pedestrian street. The neighboring structures to the North are set back from the sidewalks, are restaurant, offices, etc with similar scale and amount of fenestration. More windows have been added but not enough to meet the 75%. Another consideration is the western exposure. In order to meet the shading coefficient requirements we used in scheme 1, insulated translucent glass panels by Pilkington Prolfilif that admits light in but significantly cuts heat gain. At night interior lighting emits a wonderful soft light. I have attached a color image using this material that shows what the glazing looks like in daytime and evening. In scheme 2, we created a 5' overhang. It is important to note that a facade should reflect it interior. For the waiting room we have employed most of the glass. The exam rooms do not require much natural light hence the design." Waiver Analysis: The purpose for the transparency requirement is to provide a pedestrian friendly environment that encourages window shopping. The same argument for supporting the waiver to the paving of the front setback area applies to this waiver. The distance from the core area of the downtown does not lend itself to the pedestrian experience that would be found along Atlantic Avenue or Pineapple Grove Way. The building elevations as proposed are innovative and balanced. Hence, the introduction of additional windows is not warranted in this situation. Consequently, positive findings can be made with respect to LDR Section 2.4.7(6)(5), Waiver Findings. Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following areas: Section 3.1.1 (A) -Future Land Use Map: The subject property has a CC (Commercial Core) Future Land Use Map and CBD (Central Business District) Zoning Map designation. Pursuant to the LDR Section 4.4.13(B)(2), medical offices are permitted uses in the CF zoning district. Pursuant to the Comprehensive SPRAB Staff Report -October 24, 2007 Class IV Site Plan Modification, Landscape Plan and Building Elevations for Pediatrics by the Sea Page 10 Plan Future Land Use Element, the CBD zoning district is consistent with the CC Future Land Use Map designation. Based upon the above, a positive finding can be made with respect to consistency with the Future Land Use Map designation. Section 3.1.1 (B) - Concurrencv: As described in Appendix A, a positive finding of concurrency can be made as it relates to water, sewer, streets and traffic, drainage, parks and recreation, open space, solid waste, and schools. Section 3.1.1 (C) - Consistency (Standards for Site Plan Actions): As described in Appendix B, a positive finding of consistency can be made as it relates to Standards for Site Plan Actions. Section 3.1.1 (D) -Compliance With the Land Development Regulations: As described under the Site Plan Analysis of this report, a positive finding of compliance with the LDRs can be made, when all outstanding items attached as conditions of approval are addressed. Section 2.4.5 (F)(5) -Compatibility (Site Plan Findings): The approving body must make a finding that development of the property pursuant to the site plan will be compatible and harmonious with adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. The subject property is bordered on the north, south, east, and west by CBD zoned property. The existing land use to the north is office, to the east and west is automotive repair, and to the south is multiple family residential (Mallory Square). The proposed improvements to the property will be an aesthetic asset to the community and will be harmonious to the adjacent and nearby properties. Comprehensive Plan Policies: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following is noted: Future Land Use Element Objective A-1 -Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. The existing medical office has been in operation at the site since 2004 and was a business office before that. There have been no known conflicts with the adjacent uses. The proposed building addition reduces the nonconformities of the property as it relates to the City's new design guidelines. SPRAB Staff Report -October 24, 2007 Class IV Site Plan Modification, Landscape Plan and Building Elevations for Pediatrics by the Sea Page 11 Courtesy Notices: Special courtesy notices were provided to the following civic association: A. Postpone with direction. B. Move approval of the request for waivers and a Class IV site plan modification, landscape plan and architectural elevations for Pediatrics by the Sea, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(F)(5), 2.4.7(B)(5), and Chapter 3 of the Land Development Regulations, subject to the attached conditions of approval. SPRAB Staff Report -October 24, 2007 Class IV Site Plan Modification, Landscape Plan and Building Elevations for Pediatrics by the Sea Page 12 2. Recommend 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, based on a positive finding with respect to LDR Section 2.4.7(8)(5). 3. Recommend 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, based on a failure to make a positive finding with respect to LDR Section 2.4.7(8)(5). 4. Recommend 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, based on a positive finding with respect to LDR Section 2.4.7(8)(5). 5. Approve 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, based on a positive finding with respect to LDR Section 2.4.7(8)(5). 6. Recommend 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 5~" Avenue, based on a positive finding with respect to LDR Section 2.4.7(6)(5), subject to a condition of approval that written notification be provided from FDOT that indicates approval of the proposed building location and adequacy of the line of sight. Site Plan: Move approval of the request for Class IV site plan modification approval for Pediatrics by the Sea, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(F)(5) and Chapter 3 of the Land Development Regulations, subject to the following conditions: 1. That revised plans are submitted addressing all Site Plan Technical Items and conditions of approval; 2. That cut-sheet details of the light fixtures and light pole be submitted and that they be consistent with the architecture of the building. Landscape Plan: Move approval of the request for landscape plan approval for the Pediatrics by the Sea, by adopting the findings of fact and law contained in the staff report, and finding that the request SPRAB Staff Report -October 24, 2007 Class IV Site Plan Modification, Landscape Plan and Building Elevations for Pediatrics by the Sea Page 13 is consistent with the Comprehensive Plan and meets criteria set forth in Sections 4.6.16 of the Land Development Regulations, subject to the following condition: 1. Thus, a condition of approval is attached that the air conditioning units along the north side of the property are screened with a hedge. Elevations: Move approval of the request for architectural elevations for Pediatrics by the Sea, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 4.6.18(E) of the Land Development Regulations; subject to the following condition: 1. That architectural scheme #2 be utilized and that the corrugated metal siding be replaced with cementitious siding. Attachments: • Appendix A • Appendix B • Site Plan, Landscape Plan, and Building Elevations Report prepared by: Scott D. Paoe, Senior Planner Pursuant to Section 3.1.1(6) Concurrency as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer: With respect to water and sewer service, the following is noted: ^ Water service exists to the site via 2" water main along the alley on the east side of the property. Adequate fire suppression is provided via existing fire hydrants at the northwest and southeast corners of SE 5`h Avenue and SE 3rd Street. ^ Sewer service exists via service lateral connection to an existing 8" main along the alley on the east side of the property. The Comprehensive Plan states that adequate water and sewer treatment capacity exists to meet the adopted LOS at the City's build-out population based on the current FLUM. The proposal will have an insignificant impact on all public services and was anticipated for this property and was factored into the plan. Thus, a positive finding with respect to this level of service standard can be made. Streets and Traffic: A traffic impact statement has been submitted that indicates that the medical office addition will generate an additional 20 average daily trips and 2 p.m. peak hour trips. The subject property is located in the City's Traffic Concurrence Exception Area (TCEA). Based on the low volume of additional traffic and the location of the property within the TCEA, a positive finding can be made to this level of service standard. Parks and Recreation Facilities: Park dedication requirements do not apply for non-residential uses. Thus, the proposed development will not have an impact with respect to this level of service standard. Solid Waste: Based upon the Solid Waste Authority's Trash Generation Rates, trash generated each year by the 730 square foot medical office addition will be 4.6 pounds per square foot for a total of 1.68 tons/year. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals until the year 2024, thus a positive finding with respect to this level of service standard can be made. Drainage: Drainage is accommodated on site via sheet flow to a Swale along SE 5d' Avenue. There should be no impact on drainage as it relates to this level of service standard. Schools: The project contains no residential component. Therefore, school concurrency is not applicable. Not applicable Meets intent of standard X (Subject to approval of the line of si ht by FDOT) Does not meet intent B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D-1 and D-2 of the Transportation Element. Not applicable Meets intent of standard X Does not meet intent C. Open space enhancements as described in Policies found under Objective B-1 of the Open Space and Recreation Element are appropriately addressed. Not applicable Meets intent of standard X Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable X Meets intent of standard Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable X Meets intent of standard Does not meet intent F. Property shall be developed or redeveloped in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable Meets intent of standard X Does not meet intent A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Appendix B Standards for Site Plan Actions Page 2 G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B-2 of the Housing Element. Not applicable X Meets intent of standard Does not meet intent H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Not applicable Meets intent of standard X Does not meet intent Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard X Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Not applicable X Meets intent of standard Does not meet intent MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: SCOTT PAPE, AICP, SENIOR PLANNER ~-' MARK MCDONNELL, AICP, ASSISTANT DIRECTOR OF PLANNING THROUGH: CITY MANAGER ~~ ~~~~ ~~~~~~~ DATE: SUBJECT: ITEM BEFORE COMMISSION The action requested of the City Commission is consideration of five waivers from the following Land Development Regulations associated with the Class IV site plan modification for Pediatrics by the Sea: 1. LDR Section 4.4.13(F)(1)(a), which requires that the overall height of buildings be a minimum of 25 feet. 2. LDR Section 4.4.13(F)(4)(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. 3. LDR Section 6.1.8, which requires that utility facilities serving the development including but not limited to gas, electric power, telephone, and CAN cables be located underground throughout the development. 4. 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. 5. LDR Section 4.6.14, which requires a 40-foot visibility triangle at the intersection of SE 3rd Street and SE 5`h Avenue. The subject property consists of a portion of Lot 19 and all of Lots 20 and 21, Block 111 of the Town of Delray Subdivision and contains 0.158 acres. The property contains an existing building that is currently occupied by a medical office. At its meeting of November 14, 2007, the Site Plan Review and Appearance Board (SPRAB) approved the Class IV site plan and landscape plan for Pediatrics by the Sea. However, the SPRAB vote was split 3 to 3 on the building elevations and, therefore, were not approved. The applicant has submitted an appeal request of the Board's action of the building elevations, which will be considered as a separate item on this agenda by the City Commission. The development proposal consists of the removal of the existing circular driveway along Federal Highway and monument sign and construction of a 730 square foot building addition along the west side of the existing building. The SPRAB considered the waivers identified above at this meeting and recommended approval of all five waivers. NOVEMBER 27, 2007 Waiver Requests Associated with the Class IV Site Plan Modification for Pediatrics by the Sea City Commission Regular Meeting -December 4, 2007 WAIVER ANALYSIS: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Building Height: Pursuant to LDR Section 4.4.13(F)(1)(a), overall height of building shall be a minimum of 25 feet and a maximum of 48 feet. The proposed height of the building addition is 15 feet. The applicant has requested a waiver from the minimum building height. The applicant has submitted the following verbatim narrative in support of the waiver: "Waiver to reduce the overall height from 25 feet to 19 feet as per LDR Section 4.4.13.(F)(1)(A). The existing structure is a one story building. The small addition is designed to be sympathetic to the scale of the existing cottage to the North. We believe a 25 feet structure would overwhelm the site and the existing structure. Furthermore, the size of the property does not allow for a larger addition and therefore a second floor is not feasible. " Waiver Analysis: The purpose of the minimum height is to provide a uniform streetscape similar to Atlantic Avenue. It is noted that this regulation is more appropriate in the situation when applied to new development or significant redevelopment of property. Given the nature of the existing building and the proposed building addition, application of this requirement could be considered onerous. If this requirement were applied to the proposed redevelopment it would create an issue with respect to insufficient parking and a scale issue between the existing and building addition. Consequently, positive findings can be made with respect to LDR Section 2.4.7(8)(5), Waiver Findings. Front Setback Area: Pursuant to LDR Section 4.4.13(F)(4)(f)(1), the front setback area shall be finished with paving materials to match the existing or planned sidewalks within the adjacent right-of-way. The front setback area (the area between the building and the property line along SE 5"' Avenue) is proposed as landscape area. The applicant has submitted a waiver request to eliminate the paving requirement. The applicant has submitted the following verbatim narrative in support of the waiver: "...This project is not located in the central core district and has no pedestrian traffic. It is not in an area that requires more paved areas. When 5"' Avenue is narrowed the sidewalks shall be wider further negating the need for more paved sidewalk in front of this building. We request relief as per LDR requirements." 2 Waiver Requests Associated with the Class IV Site Plan Modification for Pediatrics by the Sea City Commission Regular Meeting -December 4, 2007 Waiver Analvsis: The intent of this requirement is to provide a pedestrian friendly environment that encourages window shopping. This is a crucial design element in an urban setting in terms of generating the desired "synergy" for pedestrians. However, the subject property is located three blocks from the City's core downtown area (Atlantic Avenue, Pineapple Grove Way). The property does not share in the pedestrian relationship with Atlantic Avenue. Thus, the need to create the same pedestrian corridor as the core area is not present. Given the location of the property, it is more prudent to landscape this area and soften the front fagade of the building. Consequently, positive findings can be made with respect to LDR Section 2.4.7(8)(5), Waiver Findings. Visibility at Intersections: Pursuant to LDR Section 4.6.14, a 40-foot visibility triangle is required at the intersection of SE 3rd Street and SE 5'n Avenue. The proposed building addition encroaches approximately 10 feet into the required visibility triangle. The applicant has submitted a waiver request to reduce the required visibility triangle. The applicant has submitted the following verbatim narrative in support of the waiver "...NE 5~" Avenue falls under FDOT regulations. An FDOT Visibility plan has been added to show that the project meets the visibility triangle as required by FDOT. We were advised by FDOT to follow the 61ane divided sketch and assume a one way road with 3 lanes. We used a 35 and 50 mile speed limit and both met the visibility requirement. Also provided is the FDOT standard as to distance of car to intersection for measurement of sight line. We believe that the LDRs intent is to insure safety when it comes to visibility triangles. As this site is located in an urban environment FDOT has applied these guidelines as a basis for securing a safe pedestrian and vehicular environment." Waiver Analvsis: The City has supported waivers to the visibility triangles when one of the rights-of-way is an FDOT road such as Seagate Residences along A-1-A and Bucida Road. Given the speeds along SE 5`n Avenue and a concern for public safety, a positive finding can only be made with respect to LDR Section 2.4.7(B)(5)[Waiver Findings] subject to the specific condition of approval that written notification be provided from FDOT that approves of the proposed building location and confirms adequacy of the line of sight. Undergrounding of Utilities: Pursuant to LDR Section 6.1.8, utility facilities serving the development including but not limited to gas, electric power, telephone, and CAN cables shall be located underground throughout the development. The applicant has requested a waiver from this requirement to maintain the existing overhead service utilities. The applicant has submitted the following verbatim narrative in support of the waiver: "...The project is a small addition to an existing small office building. The existing parking lot will undergo minor changes and is paved in concrete. We believe intent of this requirement is for developments of a much larger scale." Waiver Requests Associated with the Class IV Site Plan Modification for Pediatrics by the Sea City Commission Regular Meeting -December 4, 2007 Waiver Analysis: The SPRAB considered the waiver request and found that it was supportable since undergrounding the service utilities would necessitate partial demolition of the existing concrete parking lot. Since requiring the undergrounding would result in the aesthetic degradation of the parking area, the Board felt that the waiver would be justified in this instance. Based on the above a positive finding with respect to LDR Section 2.4.7(8)(5) can be made. Window Area: Per LDR Section 4.6.18(B)(14)(iv)(2), the 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. All storefronts or glass areas abutting the street shall be transparent, non-solar or non-mirrored, and have a light transmission reduction of no more than 20%. The western and southern elevations of the building addition do not provide a minimum glass area of 75%. The applicant has requested a waiver from the minimum transparency requirement. The applicant has submitted the following verbatim narrative in support of the waiver: "...It is important to note that this building is very small and does not warrant as much glass as would typically be required for a large retail/restaurant structure. 1 believe the intent of the LDR is when you have a large 2 or more story structure along a busy pedestrian street with shops, restaurants the need for more transparency is obvious. There is continuity from building to building. This project is far from the central business district and consequently it is not what is considered a pedestrian street. The neighboring structures to the Norfh are set back from the sidewalks, are restaurant, offices, etc with similar scale and amount of fenestration. More windows have been added but not enough to meet the 75%. Another consideration is the western exposure. In order to meet the shading coefficient requirements we used in scheme 1, insulated translucent glass panels by Pilkington Prolfilit that admits light in but significantly cuts heat gain. At night interior lighting emits a wonderful soft light. 1 have attached a color image using this material that shows what the glazing looks like in daytime and evening. In scheme 2, we created a 5' overhang. It is important to note that a facade should reflect it interior. For the waiting room we have employed most of the glass. The exam rooms do not require much natural light hence the design." Waiver Analysis: The purpose for the transparency requirement is to provide a pedestrian friendly environment that encourages window shopping. The same argument for supporting the waiver to the paving of the front setback area applies to this waiver. The distance from the core area of the downtown does not lend itself to the pedestrian experience that would be found along Atlantic Avenue or Pineapple Grove Way. The building elevations as proposed are innovative and balanced. Hence, the introduction of additional windows is not warranted in this situation. Consequently, positive findings can be made with respect to LDR Section 2.4.7(8)(5), Waiver Findings. 4 Waiver Requests Associated with the Class IV Site Plan Modification for Pediatrics by the Sea City Commission Regular Meeting -December 4, 2007 RECOMMENDATION By separate motion: 1. Approve 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, based on a positive finding with respect to LDR Section 2.4.7(8)(5). 2. Approve the waiver to LDR Section 4.4.13(F)(4)(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, based on a positive finding with respect to LDR Section 2.4.7(8)(5). 3. Approve 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, based on a positive finding with respect to LDR Section 2.4.7(6)(5). 4. Approve 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, based on a positive finding with respect to LDR Section 2.4.7(8)(5). 5. Approve the waiver to LDR Section 4.6.14, which requires a 40-foot visibility triangle at the intersection of SE 3rd Street and SE 5"' Avenue, based on a positive finding with respect to LDR Section 2.4.7(6)(5), subject to a condition of approval that written notification be provided from FDOT that indicates approval of the proposed building location and adequacy of the line of sight. Attachments: • Location Map • Site Plan, Landscape Plan, and Architectural Elevations • Site Plan Review and Appearance Board Staff Report dated November 14, 2007 5 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUESTS FOR PEDIATRICS BY THE SEA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA The waiver requests have come before the City Commission on December 4, 2007. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver requests for the Pediatrics by the Sea Project. 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 Section 4.4.13(F)(1)(a), overall height of building shall be a minimum of 25 feet and a maximum of 48 feet. The proposed height of the building addition is 15 feet. The applicant has requested a waiver from the minimum building height. Pursuant to LDR Section 4.4.13(F)(4)(f)(1), the front setback area shall be finished with paving materials to match the existing or planned sidewalks within the adjacent right-of-way. The front setback area (the area between the building and the property line along SE 5"' Avenue) is proposed as landscape area. The applicant has submitted a waiver request to eliminate the paving requirement. Pursuant to LDR Section 4.6.14, a 40-foot visibility triangle is required at the intersection of SE and Street and SE 5"' Avenue. The proposed building addition encroaches approximately 10 feet into the required visibility triangle. The applicant has submitted a waiver request to reduce the required visibility triangle. Per LDR Section 4.6.18(B)(14)(iv)(2), the minimum transparency or glass surface area on the ground floor wall area of all non-residential and mixed-use buildings shall lie a minimum of 75% of the wall area for that elevation. All storefronts or glass areas abutting the street shall be transparent, non-solar or non-mirrored, and have a light transmission reduction of no more than 20%. The western and southern elevations of the building addition do not provide a minimum glass area of 75%. The applicant has requested a waiver from the minimum transparency requirement. Pursuant to LDR Section 6.1.8, utility facilities serving the development including but not limited to gas, electric power, telephone, and CATV cables shall be located underground throughout the development. The applicant has requested a waiver from this requirement to maintain the existing overhead service utilities. Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Would the waiver of Section 4.4.13(F)(1)(a) to reduce the minimum building height to 15 feet comply with the requirements of 2.4.7(6)(5)? Yes No Would the waiver of Section 4.4.13(F)(4)(f)(1) comply with the requirements of 2.4.7(6)(5)? Yes No Would the waiver of Section 4.6.14, subject to a condition of approval that written notification be provided from FDOT that indicates approval of the proposed building location and adequacy of the line of sight, to allow the building to encroach 10 feet into the visibility triangle comply with the requirements of 2.4.7(6)(5)? Yes No Would the waiver of Section 4.6.18(B)(14)(iv)(2) comply with the requirements of 2.4.7(6)(5)? Yes No Would the waiver of Section 6.1.8 comply with the requirements of 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 2 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 4.4.13.(F)(1)(a) (reduce minimum height from 25ft to 15 ft 4.4.13.(F)(4)(f)(1) (eliminate paving requirement) 4.6.14 (encroach 10ft in visibility triangle) 4.6.18(B)(14)(iv)(2) (waive minimum glass area) 6.1.8 (waive requirement to place utilities underground) 6. Based on the entire record before it, the City Commission hereby adopts this Omer this 4"' day of December, 2007, by a vote of in favor and opposed. ATTEST: Rita Ellis, Mayor Chevelle Nubin, City Clerk 3 ~ ~ Q Q Q ~ S.E. 1ST ST. ~ W o ~ N = _ ~ Cfl Q W VI - Z W W (/j N S.E. 2ND ST. ~o x = o! F- n a c ~ [N B { ~ ~ V W S.E. 3RD ST. p p J Z z ~ O Q O m z m F- N ~ ~ 'n O ~ V' O ~ z W W W UI VI V1 O O S.E. 4TH ST. Q ~ ~ 1__L.~ <° z 0 S.E. SiH ST. - 6 z ~ U W 41 'III'- ~~'T 1I~ I~1~~1~ ',1I ~ 4 > > a Q a o LLWJ--~ S.E. 6TH ST. MELAL S > > > ~ H a u7 c0 N PEDIATRICS BY THE SEA -! PROPER Y 285 SE 5TH AVENUE CITY OF DEIAAY BEACH. FL PLANNING k 20NINC DEPARTMENT LOCATION MAP -- O/GITAL 815E MAP SY57EXI -- MAP REF: 5:\Planning h Zoning\DBMS\Fle-Cob\Z-lM 1001-1500\LM104J FeEialrica by [he Sea E E ' : ij,~4ialg~~S 1 ~ ::. ~ 11~E~~t(~~9( N ~JLL wJ ! ~ w W= ` ~ a< 1 w ! m ~m Se fe w~ a ~~ 0 0 w a m °: h w® r Q~ of x a a 0 0 N N Oq .d O n N T W iiii i 3t s 3 ~11~ ~ 4 s s3€: ~Y ~~ ~ $ € ~ ~ ~ ~~ b6i4 ~~ e ii K ig•4 °aEg. 5~°`sY€ E~~~i~~S ~egl ~ ~[ !~ t4~3~ °°€'~ eg~ e E ~9 g~s.gi~ ~IF~~~;~~ (~~a ~ ~~ ~ ~g ~ 8 ; g S~€j~l~~ji}~i~ $ :..: ~ : !}Sft 1~rt~2i~I~11 m~i W j `U` ~~W T S m ~~~ N F ~ W a ° a d f sf ~ e~ {!~ $ ~ ~ i ~~~~~~~~~i ~~#~ ~q 4~t~4~~t~~ ~1~¢3 9 N O ~ T~ ¢^ ' Q Q F $~ ~gy ~ y~ ~f y °.~ t> g a~ L ,., "~' ~ ~'~~ ` 'rf~~ e x~~J, /" s~,°.,9 ,~~~,~,V~+!`t~Rs~`~:; }~,. o k1 s "d' i ~ v ~ v, '1~ >'~ ~ V "~ i .~ o ~' ~ ~'~ Zi x .fS ~ ~,..`T.~ t a:,?, -~*Yt ~z ~i`~:^ia^.~k...y ua~1§i?"ky, '~~~S~YCU Agent: Project Name: Project Location: Jeffrey Silberstein Architect & Associates Pediatrics by the Sea OFLOAYBFACH ~~~~rc 1993 2W1 Northeast corner of SE 5~h Avenue (Federal Highway) and SE 3rd Street (285 SE 5~h Avenue). The item before the Board is consideration of the Class IV site plan modification, landscape plan, and building elevation for Pediatrics by the Sea pursuant to LDR Section 2.4.5(F), 4.6.16, and Section 4.6.18. Background At its meeting of October 24, 2007, the Site Plan Review and Appearance Board (SPRAB) reviewed the Class IV Site Plan Modification for the Pediatrics by the Sea project. The modification included the construction of a 730 square foot building addition along the west side of the existing medical office and expansion of the parking area. The Board postponed the site plan modification due to the following concerns: - The plans are hard to understand, lack clarity, and provide insufficient information. - There is a wall noted on the floor plans that appears to be incorrectly depicted. - The photometric plan does not comply with LDR Section 4.6.8. - The air conditioning unit needs to be screened. - The color scheme/elevations need to be provided for Board review. - Signed and sealed plans need to be submitted for Board review. Site Plan: The applicant has submitted revised plans to address the Board's concerns. The plans are signed and sealed by the respective professional disciplines. According to the applicant, the plans are consistent with respect to the walls noted on the floor plans. Meeting Date: November 14, 2007 Agenda Item: V.A. SPRAB Memorandum Staff Report Pediatrics by the Sea -Site Plan, Landscape Plan, & Building Elevations Page 2 Site Lighting: Pursuant to LDR Section 4.6.8 artificial lighting used to illuminate the premises shall be directed away from adjacent properties. Per LDR Section 4.6.8(B)(3)(c), the minimum illumination is 0.4 foot candles for the parking area and 0.3 is provided. While the deviation of 1/10~h of a foot candle is insignificant, a condition of approval is attached that the photometric plan be revised to comply with the illumination standards of the City. Landscape Plan: The landscape plan has been revised to provide a Redtip Cocoplum adjacent to the air conditioning units. Building Elevations: Based on the discussions of the Board, the applicant has eliminated building elevation scheme #1 from the development proposal. Scheme #1 was a modernistic architectural design. Thus, the applicant now proposes scheme #2 as the architectural design for the building addition. Scheme #2 is a contemporary architectural interpretation that incorporates some traditional vernacular elements such as the wood brackets, rafter tails, and window muntins. Additional background and a complete analysis of the development proposal is found in the attached SPRAB report. Conclusion The development proposal will be consistent with Chapter 3 of the Land Development Regulations provided the conditions of approval are addressed. The conditions of approval from the original staff report as revised per the Board's direction are found in staffs recommendation referenced below. By Separate Motions: Waivers: 1. Recommend 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, based on a positive finding with respect to LDR Section 2.4.7(6)(5). 2. Recommend 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, based on. a positive finding with respect to LDR Section 2.4.7(6)(5). 3. Recommend 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 SPRAB Memorandum Staff Report Pediatrics by the Sea -Site Plan, Landscape Plan, & Building Elevations Page 3 power, telephone, and CATV cables be located underground throughout the development, based on a failure to make a positive finding with respect to LDR Section 2.4.7(6)(5). 4. Recommend 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, based on a positive finding with respect to LDR Section 2.4.7(6)(5). 5. Approve 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, based on a positive finding with respect to LDR Section 2.4.7(6)(5). 6. Recommend 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 5d' Avenue, based on a positive finding with respect to LDR Section 2.4.7(6)(5), subject to a condition of approval that written notification be provided from FDOT that indicates approval of the proposed building location and adequacy of the line of sight. Site Plan: Move. approval of the request for Class IV site plan modification approval for Pediatrics by the Sea, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(F)(5) and Chapter 3 of the Land Development Regulations, subject to the following conditions: 1. That revised plans are submitted addressing all Site Plan Technical Items and conditions of approval; 2. That cut-sheet details of the light fixtures and fight pole be submitted and that they be consistent with the architecture of the building. 3. That the photometric plan be revised to comply with the illumination standards of the City. Landscape Plan: Move approval of the request for landscape plan approval for the Pediatrics by the Sea, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Sections 4.6.16 of the Land Development Regulations. Elevations: Move approval of the request for architectural elevations for Pediatrics by the Sea, by adopting the findings of fact and law contained in the staff report, and finding that the request and SPRAB Memorandum Staff Report Pediatrics by the Sea -Site Plan, Landscape Plan, & Building Elevations Page 4 approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 4.6.18(E) of the Land Development Regulations; subject to the following condition: 1. That architectural scheme #2 be utilized and that the corrugated metal siding be replaced with cementitious siding. Attachment: Site Plan, Landscape Plan, and Building Elevations Staff Report Dated October 24, 2007 ~s ` ` ~iEt'}tE~~~ ~ ' : ~ ~ E ~ ~~~t~`~~iii3 ZZ j V ~~ ~~ U w~ ~ ® O ~ ~ a r o® ;~ E 4Y 5 i x a a h M N r O N 00 3 b r O n N T P7 4 e ~N~ i59a ~ g 6616 ~ $~y ~ t ~l8t ~ ~ gp ~E 1 ~ - !(!¢ ~ 4 ~ }~€r ~s €~ ea ~ 6ES8 ' S s~ ~~ _~ : ~~ ~ ~ ~3 ~ ls~: 9E ~ E~~~ ~ ~ E ~3 6516 $ 4 s n i E g~5 e4sF~f t~4e~~ ~~~'~°Sg ~''g ! ~[ ,~a~~'6 s~,i~°~ s ~ 4 'Ee~i~~ 11~~3g ~~~ i ~~~ ~ E~;;t~ ~~~ ~~ Ey€~e~g~.. ~~;6Q~e,6 ~EytE ~ ~ Fl~e~F~ 6~66t€1~E lS~~ 3 O~ E ~~ v >_4 OS~ s <6 a _. P ~~;_~3 3 + t~:i~i ~~~ 3 ' ~ijit~j : ~1 t 7i w ~ v E l h i- f . i 1 i s t t ct ~i5 i ~<~ m m __ , f }~ t s fij~5 ~ ~ Y ~ z Y ~... ::~ff~l!~ fii~is``lif ~ " ~~o a 5 e o ~~ ~ i ~s ~~~ ~~ ~ ~~$tz~3~ ~ a .~;:~~p tit~~ ~~~_~ ~~~~ aa~p~~~~~i~ $3383$ . ~, _ os: fie. Y 2 O ~ y & w s SITE PLAN REVIEW AND APPEARANCE BOARD CITY OF DELRAY BEACH MEETING DATE: AGENDA ITEM: ITEM: GENERAL DATA: October 24, 2007 ---STAFF REPORT--- IV.A. Class IV Site Plan Modifi tion, Landscape Plan And Building Elevations Associated With Th Construction Of A 730 Square Building Addition To The Existing Med al Office For Pediatrics By The Sea Located At The Northeast Corn r Of SE 5"' Avenue And SE 3rd Street (285 SE 5d' Avenue). Owner ........................ Rita Dew Agent ......................................... Jeffrey Silberstein Architect Q Location ..................................... Northeast corner of SE 5'~ 3 Avenue and SE 3`d Street (285 ,E -o ,,, w SE 5"' Avenue) Property Size ............................. 0.158 Acres 3 Future Land Use Map ................ Commercial Core Current Zoning .......................... CBD (Central Business District) Adjacent Zoning ...............North: CBD East: CBD Q South: CBD ~ West: CBD ~ Q Existing Land Use .................... Medical office Proposed Land Use ................... Construction of a 730 sq. ft. "" ~.. building addition. ~~ Water Service ............................ Existing on site. ^ z Sewer Service ........................... Existing on site. B~ N -~ The action before the Board is that of approval of the following aspects of a Class IV site plan modification for Pediatrics by the Sea, pursuant to LDR Section 2.4.5(G)(1)(d): ^ Expansion of the parking area; and ^ Installation of site lighting and landscaping. The site plan application includes waiver requests to the following sections of the City's Land Development Regulations: 1. LDR Section 4.4.13(F)(1)(a), which requires that the overall height of buildings be a minimum of 25 feet. 2. 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. 3. LDR Section 6.1.8, which requires that utility facilities serving the development including but not limited to gas, electric power, telephone, and CAN cables be located underground throughout the development. SPRAB Staff Report -October 24, 2007 Class IV Site Plan Modification, Landscape Plan and Building Elevations for Pediatrics by the Sea Page 2 4. 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. *Existing nonconformity. **Setback for building addition. Pursuant to LDR Section 2.4.7(8)(5), prior to granting a waiver, the approving body shall make a •finding that the granting of the waiver: The following table indicates that the proposal complies with LDR Section 4.4.13(F)(2), (4) & (7) as it pertains to the Central Business District (CBD) zone district: SPRAB Staff Report -October 24, 2007 Class IV Site Plan Modification, Landscape Plan and Building Elevations for Pediatrics by the Sea Page 3 (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Building Height: Pursuant to LDR Section 4.4.13(F)(1)(a), overall height of building shall be a minimum of 25 feet and a maximum of 48 feet. The proposed height of the building addition is 15 feet. The applicant has requested a waiver from the minimum building height. The applicant has submitted the following verbatim narrative in support of the waiver: "Waiver to reduce the overall height from 25 feet to 19 feet as per LDR Section 4.4.13.(F)(1)(A). The existing structure is a one story building. The small addition is designed to be sympathetic to the scale of the existing cottage to the North. We believe a 25 feet structure would overwhelm the site and the existing structure. Furthermore, the size of the property does not allow for a larger addition and therefore a second floor is not feasible." Waiver Analysis: The purpose of the minimum height is to provide a uniform streetscape similar to Atlantic Avenue. It is noted that this regulation is more appropriate in the situation when applied to new development or significant redevelopment of property. Given the nature of the existing building and the proposed building addition, application of this requirement could be considered onerous. If this requirement were applied to the proposed redevelopment it would create an issue with respect to insufficient parking and a scale issue between the existing and building addition. Consequently, positive findings can be made with respect to LDR Section 2.4.7(6)(5), Waiver Findings. Front Setback Area: Pursuant to LDR Section 4.4.13(F)(3)(f)(1), the front setback area shall be finished with paving materials to match the existing or planned sidewalks within the adjacent. right-of-way. The front setback area (the area between the building and the property line along SE 5m Avenue) is proposed as landscape area. The applicant has submitted a waiver request to eliminate the paving requirement. The applicant has submitted the following verbatim narrative in support of the waiver: "...This project is not located in the central core district and has no pedestrian traffic. It is not in an area that requires more paved areas. When 5~h Avenue is narrowed the sidewalks shall be wider further negating the need for more paved sidewalk in front of this building. We request relief as per LDR requirements." SPRAB Staff Report -October 24, 2007 Class IV Site Plan Modification, Landscape Plan and Building Elevations for Pediatrics by the Sea Page 4 Waiver Analysis: The intent of this requirement is to provide a pedestrian friendly environment that encourages window shopping. This is a crucial design element in an urban setting in terms of generating the desired "synergy" for pedestrians. However, the subject property is located three blocks from the City's core downtown area (Atlantic Avenue, Pineapple Grove Way). The property does not share in the pedestrian relationship with Atlantic Avenue. Thus, the need to create the same pedestrian corridor as the core area is not present. Given the location of the property, it is more prudent to landscape this area and soften the front fagade of the building. Consequently, positive findings can be made with respect to LDR Section 2.4.7(8)(5), Waiver Findings. Visibility at Intersections: Pursuant to LDR Section 4.6.14, a 40-foot visibility triangle is required at the intersection of SE 3rd Street and SE 5th Avenue. The proposed building addition encroaches approximately 10 feet into the required visibility triangle. The applicant has submitted a waiver request to reduce the required visibility triangle. The applicant has submitted the following verbatim narrative in support of the waiver: "...NE 5th Avenue falls under FDOT regulations. An FDOT Visibility plan has been added to show that the project meets the visibility triangle as required by FDOT. We were advised by FDOT to follow the 6 lane divided sketch and assume a one way road with 3 lanes. We used a 35 and 50 mile speed limit and both met the visibility requirement. Also provided is the FDOT standard as to distance of car to intersection for measurement of sight line. We believe that the LDRs intent is to insure safety when it comes to visibility triangles. As this site is located in an urban environment FDOT has applied these guidelines as a basis for securing a safe pedestrian and vehicular environment." Waiver Analysis: The City has supported waivers to the visibility triangles when one of the rights-of-way is an FDOT road such as Seagate Residences along A-1-A and Bucida Road. Given the speeds along SE 5d' Avenue and a concern for public safety, a positive finding can only be made with respect to LDR Section 2.4.7(B)(5)[Waiver Findings] subject to the specific condition of approval that written notification be provided from FDOT that approves of the proposed building location and confirms adequacy of the line of sight. Undergrounding of Utilities: Pursuant to LDR Section 6.1.8, utility facilities serving the development including but not limited to gas, electric power, telephone, and CATV cables shall be located underground throughout the development. The applicant has requested a waiver from this requirement to maintain the existing overhead service utilities. The applicant has submitted the following verbatim narrative in support of the waiver SPRAB Staff Report -October 24, 2007 Class IV Site Plan Modification, Landscape Plan and Building Elevations for Pediatrics by the Sea Page 5 "...The project is a small addition to an existing small office building. The existing parking lot will undergo minor changes and is paved in concrete. We believe intent of this requirement is for developments of a much larger scale. " Waiver Analysis: The purpose of this requirement is primarily associated with the aesthetics of the development. Locating the overhead lines underground eliminates the clutter and conflicts with landscaping. The existing overhead line located at the southeast corner of the property will conflict with the canopy of the Gumbo Limbo tree. The proposed building addition represents a 40% increase in the gross floor area of the development, which is a substantial increase in floor area. Given the scale of improvements, it would be appropriate to require the undergrounding of the service utilities at this time. Based on the above a positive finding with respect to LDR Section 2.4.7(8)(5) cannot be made. LDR Chapter 4.6 Supplementary District Regulations: Parking: Pursuant to LDR Section 4.6.9(C)(4)(c}, medical offices are required to provide 5 parking spaces per each 1,000 square fee of gross floor area. The combination of the 1,060 square foot existing office and the 730 square foot building addition (1,790 square feet) is required to provide 9 parking spaces. The proposed redevelopment complies with this requirement since 9 parking spaces are provided. Site Lighting: Pursuant to LDR Section 4.6.8 artificial lighting used to the illuminate premises shall be directed away from adjacent properties. A photometric plan has been submitted that demonstrates compliance with the City's illumination standards. As allowed by the LDRs, the maximum height of light fixtures and poles is 25 feet. The photometric plan indicates that the parking area will be illuminated with the installation of a 15-foot high light pole and a wall mounted light fixture. A condition of approval is attached that cut-sheet details of the light fixtures and light pole be submitted and that they be consistent with the architecture of the building. Right-of-Way Dedication: Pursuant to LDR Sections 5.3.1 (A) and (D), the required right-of-way width for SE 3rd Street is 60 feet and 50 feet exists. Pursuant to LDR Section 5.3.1(D)(4), a reduction in the required right-of-way width or existing streets may be granted by the City Engineer upon favorable recommendation from the Development Services Management Group (DSMG). The City Engineer and DSMG considered the reductions and approved the reduction of right- of-way for SE 3`d Street to the existing width. SPRAB Staff Report -October 24, 2007 Class IV Site Plan Modification, Landscape Plan and Building Elevations for Pediatrics by the Sea Page 6 Technical Items: While the revised site plan has accommodated most of the staff concerns the following item remains outstanding, and will need to be addressed prior to building permit submittal unless as otherwise stated. 1. That a public access easement be provided for the encroachment of the public sidewalk into the private property prior to certification of the site plan. 2. That the stop sign at the entrance be relocated onto the subject property prior to certification of the site plan. 3. That the width of the alley is consistently depicted on all plans prior to certification of the site plan and that the alley is improved within the 2-foot dedication area. A landscape plan has been submitted and evaluated by the City Horticulturalist. The landscape plans provide for perimeter and interior landscape areas adjacent to the existing and building addition, and parking area consisting of Maypan Coconut Palm, East Palatka Holly trees, and Gumbo Limbo trees. These areas will be underplanted with Century Plant, Hibiscus, Redtip Cocoplum, Purple Crinum Lilly, Dwart Fakahatchee Grass, Green Island Ficus, Yellow Lantana, Thryaliis, and Spanish Bayonet. The proposed landscape plan complies with the City's Land Development Regulations (Section 4.6.16), provided the following issues are addressed: Air Conditioning Units: Per 4.6.16(H)(3)(n) all ground level air conditioning units shall be screened. No screening has been provided for the air conditioning units located along the north side of the building. Thus, a condition of approval is attached that the air conditioning units along the north side of the property are screened with a hedge. Pursuant to LDR Section 2.4.7(8)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Perimeter Landscape Strip: Per LDR Section 4.6.16(H)(3)(a) & (d), a landscaped barrier shall be provided between the off-street parking area or other vehicular use area and abutting properties and the public SPRAB Staff Report -October 24, 2007 Class IV Site Plan Modification, Landscape Plan and Building Elevations for Pediatrics by the Sea Page 7 right-of-way. This landscape barrier shall be located between the common lot line and the vehicular use area in a planting strip of not less than five (5) feet in width. This has not been provided at the north end of the parking lot adjacent to the maneuvering area and along the south side of the property at the entrance to the parking area. The applicant has requested a waiver from the perimeter landscape requirement. The applicant has submitted the following verbatim narrative in support of the waiver: `;4 waiver to reduce 5' landscape strip to 4'6" and omit landscape strip on the North side as per LDR Section 4.6.16(H)(3)ga) and (d). Considering the size of the lot and its location in an urban area it is difficult fo meet this requirement. An existing hedge does provide a visual barrier between the two properties." Waiver Analysis: The SPRAB has supported numerous waivers to the perimeter landscape strip in the downtown due to infill development on smaller lots. In order to provide the required parking and maneuvering areas, it is problematic to provide the perimeter landscape strip given the size of the lot. The 6 inch reduction of the landscape strip along SE 3'd Street will not have a substantial impact on the aesthetics of the property. Further, the reduction of the landscape strip along the north side of the property will have no impact on the buffering of the property from Federal Highway since this area will be screened by the existing building and the addition. Consequently, positive findings can be made with respect to LDR Section 2.4.7(6)(5), Waiver Findings. Pursuant to LDR Section 4.6.18(E), the following criteria shall be considered by the Site Plan Review and Appearance Board in the review of plans for building permits. If the following criteria are not met, the application shall be disapproved. (1) The plan or the proposed structure is in conformity with good taste, good design, and in general, contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality. (2) The proposed structure, or project, is in its exterior design and appearance of quality such as not to cause the nature of the local environment or evolving environment to materially depreciate in appearance and value. (3) The proposed structure, or project, is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the supplemental criteria which may be set forth for the Board from time to time. The applicant has submitted two building elevation schemes. The first is a modernistic approach with a slanted roof line and galvanized aluminum v-crimp roof. The primary wall material is a corrugated metal siding. The north elevation includes clere-story windows and SPRAB Staff Report -October 24, 2007 Class IV Site Plan Modification, Landscape Plan and Building Elevations for Pediatrics by the Sea Page 8 the south side includes a Pilkington Profilit standard cast window with clear anodized aluminum frame. The roof overhang has a steel J beam support that will be painted black. The second scheme is also a modernistic approach that has a vernacular influence. The roof is a shed style with a galvanized aluminum v-crimp roof. The north elevation also has a clere-story window. However, the western elevation has seven windows with muntins. The roof line has wood brackets and rafter tails. Pursuant to LDR Section 4.6.18(6)(1), buildings or structures which are a part of a present or future group or complex shall have a unity of character and design. The relationship of forms and the use, texture, and color of materials shall be such as to create a harmonious whole. When the area involved forms an integral part of, is immediately adjacent to, or otherwise clearly affects the future of any established section of the City, the design, scale and location on the site shall enhance rather than detract from the character, value, and attractiveness of the surroundings. Pursuant to LDR Section 4.6.18(6)(2) and (3), all facades visible to public or adjacent property shall be designed to create a harmonious whole. Materials shall express their function clearly and not appear as a material foreign to the rest of the building. To be harmonious, it is not to be inferred that buildings must look alike or be of the same style. Harmony can be achieved through the proper consideration of scale, proportion, site planning, landscaping, materials, and color. The two proposed schemes are a unique approach to address these requirements. Scheme #2 appears to provide an interpretative approach that is more consistent with these requirements. The harmony between the existing building and the addition would be enhanced by replacing the corrugated metal siding with cementitious siding since the existing building has vinyl siding. Thus, a condition of approval is attached that architectural scheme #2 be utilized subject to replacing the corrugated metal siding with cementitious siding. Pursuant to LDR Section 2.4.7(6)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Window Area: Per LDR Section 4.6.18(B)(14)(iv)(2), the 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. All storefronts or glass areas abutting the street shall be transparent, non-solar or non-mirrored, and have a light transmission reduction of no more than 20%. The western and southern elevations of the building addition do not provide SPRAB Staff Report -October 24, 2007 Class IV Site Plan Modification, Landscape Plan and Building Elevations for Pediatrics by the Sea Page 9 a minimum glass area of 75%. The applicant has requested a waiver from the minimum transparency requirement. The applicant has submitted the following verbatim narrative in support of the waiver: "...It is important to note that this building is very small and does not warrant as much glass as would typically be required for a large refail/restaurant structure. I believe the intent of the LDR is when you have a large 2 or more story structure along a busy pedestrian street with shops, restaurants the need for more transparency is obvious. There is continuity from building to building. This project is far from the central business district and consequently it is not what is considered a pedestrian street. The neighboring structures to the North are set back from the sidewalks, are restaurant, offices, etc with similar scale and amount of fenestration. More windows have been added buf not enough to meet the 75%. Another consideration is the western exposure. In order to meet the shading coefficient requirements we used in scheme 7, insulated translucent glass panels by Pilkington Prolfilit that admits light in but significantly cuts heat gain. At night interior lighting emits a wonderful soft light. I have attached a color image using this material that shows what the glazing looks like in daytime and evening. In scheme 2, we created a 5' overhang. It is important to note that a facade should reflect it interior. For the waiting room we have employed most of the glass. The exam rooms do not require much natural light hence the design." Waiver Analysis: The purpose for the transparency requirement is to provide a pedestrian friendly environment that encourages window shopping. The same argument for supporting the waiver to the paving of the front setback area applies to this waiver. The distance from the care area of the downtown does not lend itself to the pedestrian experience that would be found along Atlantic Avenue or Pineapple Grove Way. The building elevations as proposed are innovative and balanced. Hence, the introduction of additional windows is not warranted in this situation. Consequently, positive findings can be made with respect to LDR Section 2.4.7(8)(5), Waiver Findings. Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following areas: Section 3.1.1 (A) -Future Land Use Map: The subject property has a CC (Commercial Core) Future Land Use Map and CBD (Central Business District) Zoning Map designation. Pursuant to the LDR Section 4.4.13(8)(2), medical offices are permitted uses in the CF zoning district. Pursuant to the Comprehensive SPRAB Staff Report -October 24, 2007 Class IV Site Plan Modification, Landscape Plan and Building Elevations for Pediatrics by the Sea Page 10 Plan Future Land Use Element, the CBD zoning district is consistent with the CC Future Land Use Map designation. Based upon the above, a positive finding can be made with respect to consistency with the Future Land Use Map designation. Section 3.1.1 (B) -Concurrence: As described in Appendix A, a positive finding of concurrency can be made as it relates to water, sewer, streets and traffic, drainage, parks and recreation, open space, solid waste, and schools. Section 3.1.1 (C) -Consistence (Standards for Site Plan Actions): As described in Appendix B, a positive finding of consistency can be made as it relates to Standards for Site Plan Actions. Section 3.1.1 (D) -Compliance With the Land Development Regulations: As described under the Site Plan Analysis of this report, a positive finding of compliance with the LDRs can be made, when all outstanding items attached as conditions of approval are addressed. Section 2.4.5 (F)(5) -Compatibility (Site Plan Findings): The approving body must make a finding that development of the property pursuant to the site plan will be compatible and harmonious with adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. The subject property is bordered on the north, south, east, and west by CBD zoned property. The existing land use to the north is office, to the east and west is automotive repair, and to the south is multiple family residential (Mallory Square). The proposed improvements to the property will be an aesthetic asset to the community and will be harmonious to the adjacent and nearby properties. Comprehensive Plan Policies: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following is noted: Future Land Use Element Objective A-1 -Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. The existing medical office has been in operation at the site since 2004 and was a business office before that. There have been no known conflicts with the adjacent uses. The proposed building addition reduces the nonconformities of the property as it relates to the City's new design guidelines. SPRAB Staff Report -October 24, 2007 Class IV Site Plan Modification, Landscape Plan and Building Elevations for Pediatrics by the Sea Page 11 A. Postpone with direction B. Move approval of the request for waivers and a Class IV site plan modification, landscape plan and architectural elevations for Pediatrics by the Sea, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(F)(5), 2.4.7(6)(5), and Chapter 3 of the Land Development Regulations, subject to the attached conditions of approval. SPRAB Staff Report -October 24, 2007 Class IV Site Plan Modification, Landscape Plan and Building Elevations for Pediatrics by the Sea Page 12 2. Recommend 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, based on a positive finding with respect to LDR Section 2.4.7(8)(5). 3. Recommend 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 CAN cables be located underground throughout the development, based on a failure to make a positive finding with respect to LDR Section 2.4.7(8)(5). 4. Recommend 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, based on a positive finding with respect to LDR Section 2.4.7(8)(5). 5. Approve 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, based on a positive finding with respect to LDR Section 2.4.7(6)(5). 6. Recommend 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 3`d Street and SE 5~' Avenue, based on a positive finding with respect to LDR Section 2.4.7(6)(5), subject to a condition of approval that written notification be provided from FDOT that indicates approval of the proposed building location and adequacy of the line of sight. Site Plan: Move approval of the request for Class IV site plan modification approval for Pediatrics by the Sea, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(F)(5) and Chapter 3 of the Land Development Regulations, subject to the following conditions: 1. That revised plans are submitted addressing all Site Plan Technical Items and conditions of approval; 2. That cut-sheet details of the light fixtures and light pole be submitted and that they be consistent with the architecture of the building. Landscaue Plan: Move approval of the request for landscape plan approval for the Pediatrics by the Sea, by adopting the findings of fact and law contained in the staff report, and finding that the request SPRAB Staff Report -October 24, 2007 Class IV Site Plan Modification, Landscape Plan and Building Elevations for Pediatrics by the Sea Page 13 is consistent with the Comprehensive Plan and meets criteria set forth in Sections 4.6.16 of the Land Development Regulations, subject to the following condition: 1. Thus, a condition of approval is attached that the air conditioning units along the north side of the property are screened with a hedge. Elevations: Move approval of the request for architectural elevations for Pediatrics by the Sea, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 4.6.18(E) of the Land Development Regulations; subject to the following condition: 1. That architectural scheme #2 be utilized and that the corrugated metal siding be replaced with cementitious siding. Attachments: • Appendix A • Appendix B • Site Plan, Landscape Plan, and Building Elevations Report prepared by: Scott D. Paae, Senior Planner Pursuant to Section 3.7.1(6) Concurrency as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer: With respect to water and sewer service, the following is noted: ^ Water service exists to the site via 2" water main along the alley on the east side of the property. Adequate fire suppression is provided via existing fire hydrants at the northwest and southeast corners of SE 5d' Avenue and SE 3rd Street. ^ Sewer service exists via service lateral connection to an existing 8" main along the alley on the east side of the property. The Comprehensive Plan states that adequate water and sewer treatment capacity exists to meet the adopted LOS at the City's build-out population based on the current FLUM. The proposal will have an insignificant impact on all public services and was anticipated for this property and was factored into the plan. Thus, a positive finding with respect to this level of service standard can be made. Streets and Traffic: A traffic impact statement has been submitted that indicates that the medical office addition will generate an additional 20 average daily trips and 2 p.m. peak hour trips. The subject property is located in the City's Traffic Concurrence Exception Area (TCEA). Based on the low volume of additional traffic and the location of the property within the TCEA, a positive finding can be made to this level of service standard. Parks and Recreation Facilities: Park dedication requirements do not apply for non-residential uses. Thus, the proposed development will not have an impact with respect to this level of service standard. Solid Waste: Based upon the Solid Waste Authority's Trash Generation Rates, trash generated each year by the 730 square foot medical office addition will be 4.6 pounds per square foot for a total of 1.68 tons/year. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals until the year 2024, thus a positive finding with respect to this level of service standard can be made. Drainaoe: Drainage is accommodated on site via sheet flow to a Swale along SE 5d' Avenue. There should be no impact on drainage as it relates to this level of service standard. Schools: The project contains no residential component. Therefore, school concurrency is not applicable. A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable Meets intent of standard X (Subject to approval of the line of sight by FDOT) Does not meet intent B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D-f and D-2 of the Transportation Element. Not applicable Meets intent of standard X Does not meet intent C. Open space enhancements as described in Policies found under Objective B-1 of the Open Space and Recreation Element are appropriately addressed. Not applicable Meets intent of standard X Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modificatioh will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable X Meets intent of standard Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable X Meets intent of standard Does not meet intent F. Property shall be developed or redeveloped in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable Meets intent of standard X Does not meet intent Appendix B Standards for Site Plan Actions Page 2 G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B-2 of the Housing Element. Not applicable X Meets intent of standard Does not meet intent H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Not applicable Meets intent of standard X Does not meet intent Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard X Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Not applicable X Meets intent of standard Does not meet intent MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS .~ ~ .,, FROM: SCOTT PAPE, AICP, SENIOR PLANNER/~ ~wv, ~~- MARK MCDONNELL, AICP, ASSISTANT DIRECTOR OF PLANNING THROUGH: CITY MANAGER ~- /' "`''~~~'`~`"~ \ ~55~3-)ta^ t~ DATE SUBJECT: ITEM BEFORE COMMISSION The action requested of the City Commission is consideration of three waivers from the following Land Development Regulations associated with the Class IV site plan modification for the Onnen Disaster Recovery and Emergency Operations Center: 1. LDR Section 4.4.13(F)(4)(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. 2. LDR Section 4.6.14(A)(1), which requires a 20-foot visibility triangle at the intersection of the driveways and NE 4th Avenue. 3. 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. BACKGROUND The subject property consists of Lots 7, 8, and 9 of the L.R. Benjamin's Subdivision and contains 0.27 acres. The property contains an existing two story 3,032 square foot building that was built in 1972. At its meeting of November 14, 2007, the Site Plan Review and Appearance Board (SPRAB) approved the Class IV site plan, landscape plan, and building elevations for the Onnen Disaster Recovery and Emergency Operations Center. The development proposal consists of the redevelopment of the existing two-story 3,032 square foot building which results in the addition of 6,362 square feet of floor area (9,394 square feet total) and a three bedroom dwelling unit in a four- story building. The SPRAB considered the initial four waivers identified in the SPRAB report at this meeting and recommended approval of the three identified above (the plan was redesigned to eliminate the need for the rear setback waiver). WAIVER ANALYSIS 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; NOVEMBER 27, 2007 Waiver Requests Associated with the Class IV Site Plan Modification for The Onnen Disaster Recovery and Emergency Operations Center City Commission Regular Meeting -December 4, 2007 (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. Front Setback Area: Pursuant to LDR Section 4.4.13(F)(4)(f)(1), the front setback area shall be finished with paving materials to match the existing or planned sidewalks within the adjacent right-of-way. The front setback area (the area between the building and the property line along NE 4th Avenue) is proposed as landscape area. The applicant has submitted a waiver request to eliminate the paving requirement. The applicant has submitted the following verbatim narrative in support of the waiver "...The intent of this code is obviously to provide pedestrian access to and along the front of retail and commercial establishments within the CBD. Based on the nature of this proposed use as a Disaster Recovery and Emergency Operations Center there are no occupiable spaces along the base of the building fronting the right-of--way. We do have one section of paving providing an entry to a stairwell at the front of our building. The remainder of the building frontage abutting the right-of--way contains landscaping which is more beneficial to the beautification of the project and function of the building which is not accessible..." Waiver Analysis: The intent of this requirement is to provide a pedestrian friendly environment that encourages window shopping. This is a crucial design element in an urban setting in terms of generating the desired "synergy" for pedestrians. However, the subject property is located in an area that is not now, or for the foreseeable future, conducive to pedestrian activity in terms of shopping opportunities. Further, the subject neighborhood has no pedestrian relationship to Atlantic Avenue and Pineapple Grove Way due to the distances from these commercial corridors. Given the location of the property and nature of the neighborhood, it is more prudent to landscape this area and soften the front fagade of the building. Consequently, positive findings can be made with respect to LDR Section 2.4.7(6)(5), Waiver Findings. Visibility at Intersections: Pursuant to LDR Section 4.6.14, a 20-foot visibility triangle is required at the intersection of the driveways and NE 4'h Avenue. The screening walls and columns of the building encroach approximately 15 feet into the required visibility triangle. The applicant has submitted a waiver request to reduce the required visibility triangle. The applicant has submitted the following verbatim narrative in support of the waiver: "...Our proposed design contains a 2 x2' square vertical column at the building's extreme north and south corners. In addition, the building's north corner encroaches into the visibility triangle at the south side of the northern most drive-way. As a vehicle exits this project and approaches the right-of--way and proposed edge of pavement along Northeast 4"' Avenue, a vehicle will have a clear and unobstructed view north and south as it enters Northeast 4~" Avenue." 2 Waiver Requests Associated with the Class IV Site Plan Modification for The Onnen Disaster Recovery and Emergency Operations Center City Commission Regular Meeting -December 4, 2007 Waiver Analvsis: It is noted that the distance from the walls/columns to the edge of the vehicular travel lanes is 20 feet. Thus, the drivers of vehicles will have full visibility of on-coming traffic when leaving the site. It is also noted that the relative speeds of vehicles along NE 4'h Avenue and vehicles leaving the site are significantly lower than along acollector/arterial street or larger parking lots. Therefore, the safety of vehicles and pedestrians is not a concern. Consequently, positive findings can be made with respect to LDR Section 2.4.7(6)(5), Waiver Findings. Window Area: Per LDR Section 4.6.18(B)(14)(iv)(2), the 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. All storefronts or glass areas abutting the street shall be transparent, non- solar or non-mirrored, and have a light transmission reduction of no more than 20%. The eastern elevation of the building does not provide a minimum glass area of 75%. The applicant has requested a waiver from the minimum transparency requirement. The applicant has submitted the following verbatim narrative in support of the waiver: "...1) Due to the proposed occupancy and nature of the building's use as a disaster recovery center and emergency operations center, this building will be designed to withstand beyond a Category V storm and 170 MPH winds, therefore the exterior fenestrations and glass areas have been kept to a minimum to ensure a secure envelope for this building. 2) It is not proposed that there will be any exterior traffic from the public right-of--way to the ground floor of this building. 3) The first floor of the building is used primarily for building lobby, stairwells and enclosed parking spaces in a garage. There is no occupiable space fronting Northeast 4"'Avenue." Waiver Analvsis: The purpose for the transparency requirement is to provide a pedestrian friendly environment that encourages window shopping. The same argument for supporting the waiver to the paving of the front setback area applies to this waiver. The distance from the core area of the downtown does not lend itself to the pedestrian experience that would be found along Atlantic Avenue or Pineapple Grove Way. The building elevations as proposed are innovative and balanced. Hence, the introduction of additional windows is not warranted in this situation. Consequently, positive findings can be made with respect to LDR Section 2.4.7(8)(5), Waiver Findings. By separate motion: Approve the waiver to LDR Section 4.4.13(F)(4)(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, based on a positive finding with respect to LDR Section 2.4.7(8)(5). Waiver Requests Associated with the Class IV Site Plan Modification for The Onnen Disaster Recovery and Emergency Operations Center City Commission Regular Meeting -December 4, 2007 2. Approve the waiver to LDR Section 4.ti.14(A)(1), which requires a 20-foot visibility triangle at the intersection of the driveways and NE 4th Avenue, based on a positive finding with respect to LDR Section 2.4.7(6)(5). 3. Approve 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, based on a positive finding with respect to LDR Section 2.4.7(6)(5). Attachments: • Location Map • Site Plan, Landscape Plan, and Architectural Elevations • Site Plan Review and Appearance Board Staff Report dated November 14, 2007 IN THE CITY CHAMBERS OF DELRAY BEACH, COMMISSION THE CITY OF FLORIDA WAIVER REQUESTS FOR ONNEN DISASTER AND RECOVERY CENTER ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA The waiver requests have come before the City Commission on December 4, 2007. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver requests for the Onnen Disaster and Recovery Center Project. 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 Section 4.4.13(F)(4)(f)(1), the front setback area shall be finished with paving materials to match the existing or planned sidewalks within the adjacent right-of-way. The front setback area (the area between the building and the property line along NE 4th Avenue) is proposed as landscape area. The applicant has submitted a waiver request to eliminate the paving requirement. Pursuant to LDR Section 4.6.14, a 20-foot visibility triangle is required at the intersection of the driveways and NE 4`~ Avenue. The screening walls and columns of the building encroach approximately 15 feet into the required visibility triangle. The applicant has submitted a waiver request to reduce the required visibility triangle. Per LDR Section 4.6.18(B)(14)(iv)(2), the minimum transparency or glass surtace 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. All storefronts or glass areas abutting the street shall be transparent, non-solar or non-mirrored, and have a light transmission reduction of no more than 20%. The eastern elevation of the building does not provide a minimum glass area of 75%. The applicant has requested a waiver from the minimum transparency requirement. Pursuant to LDR Section 2.4.7(8)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Would the waiver of Section 4.4.13(F)(4)(f)(1) comply with the requirements of 2.4.7(8)(5)? Yes No Would the waiver of Section 4.6.14, to allow the building to encroach 15 feet into the visibility triangle comply with the requirements of 2.4.7(8)(5)? Yes No Would the waiver of Section 4.6.18(B)(14)(iv)(2) comply with the requirements of 2.4.7(8)(5)? Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves or denies the waiver requests as follows: LDR Section Approve Deny 4.4.13.(F)(4)(f)(1) (eliminate paving requirement) 4.6.14 (structure to encroach 15 ft in visibility triangle) 4.6.18(B)(14)(iv)(2) (waive minimum glass area) _ 6. Based on the entire record before it, the City Commission hereby adopts this Order this 4"' day of December, 2007, by a vote of in favor and opposed. ATTEST: Rita Ellis, Mayor Chevelle Nubin, City Clerk 2 z N.E. 4TH ST. w > 41 > a a r r ~ ~ _ _ J J Q Q W' W' p p W W Z ~ W W N t'7 W W W L~ N.E. 3RD ST. W w I,.i Z z w Q p z N N.E. 2ND ST. D ~ 0 > Z Z ~ a ~ ~ O O J m m ~ ~ ~ c.i O O tai (n Z N. 1 ST ST. N THE ONNEN DISTASTER RECOVERY AND '~ SUBJECT PROPERTY EMERGENCY OPERATIONS CENTER CITY OF DEIRAY BEACH, FL PLANNING k ZONING DEPARTMENT LOCATION MAP -- O/G/TAL 845E MAP SYSTEM -- MM REF: 5:\Planning k Zoning\DBMS\Fle-Cab\Z-LlA 1001-1500\LM1048 TM1e Onnen Disaster Recovery antl Emergency OPemticna Center r a 3 w O c~ W J d d Q w w z_ z w ~-, m m f 'e tl01kJOlj 'HOtl38 Atllil30 '3Atl V16'3"N bE2 ~. x , x ~ z ~ t = a E SNOLLtlAON31I ONtl SNOI,LIOQtl eo .. ~ v ¢ ° a 9 ~ N3.LNH~ SNOLLtlNHdO.LONH02I9INH :' ~ , ,~ •„ a a ~ ~ ~ QNV l,2IHAO~HiI ~Ifl.LStlSIQ ~~. ul 4 ~ tl01liOlj 'HOV3B Atltll30 '3Atl W6 3"N OEZ {Url ~ ~ k ~ a ~ F E-~ SNOLLtlAON380NV SNOLLIQOtl ' a ~ s.~.R .~.a (w esk eo io a a ~ ~ ~ ? ~ xaiNarrv xxano ax xa ~svsiaa~s ~ ~ °? ": as ~ E °., °. 666 f:a i4 " ~ $i ~~ ~ ay{3 lC~~ sii~ se s a~ S,G a ~ : ` a - ' a m ~ ~ Y'' ~ ° m ~ ~ 3 ~ ~ .` ~ ~n{ 9 i g 9 5 3$~ 9y$ A g~4. Eg ~3~ Y ZY$ i:c ~~~ { p e5F SlS 33[@g SSi °y3 ~~ d R*~~R 2 d C! ~ O fa ~ ~~ ~ _; a p w8 o p~p s ~ ~ 6 , ~ ¢ ~ S $~ d ~ ~ d J g CY Y p RY€i 6 g 8 9 ~~ 1$ IlI~1 §~ >> as s~ ~~ ~ ~ f Si - g~g~ 1~ ~~ ~~ ~~ 3- ~ i J ~ F W ~ O Z Y p i ~3S a y _ •• ~ ~s~ `ia~ ~ - I ~{~'~ j ~R L ? e 9 ~ ~ Yz 3= ~ fi° ~ E € a a °en ?a E_ ~ 3e i ~ ' 3x~ ~ 5@ €~ y ° a i ,; ea ~~i 9s ~s a4 e t K °3 ° a~,_ °~ ep~ °p~ 6 ~ ~ & L ~G ~~z fryyy ~a ~~ 33~ ~? 3 G. , e I3 ~~s °c~ day o£ ~: g£ E ~~~ %1 S8 Sr wvv naanv.iaa aaaav~iu I ~ W ~ p~ V SITE PLAN REVIEW AND APPEARANCE BOARD CITY OF DELRAY BEACH MEETING DATE: AGENDA ITEM: ITEM: GENERAL DATA: Owner ........................... ............ T.O. Enterprises, LLC Agent ............................ ............. Paul Slattery Applicant ................... ........... Tim D. Onnen Location ........................ ............. West side of NE 4`h Avenue, 150 north of NE 2"d Street (234 NE 4"' Avenue) Property Size ................ ............. 0.27 Acres Future Land Use Map ... ............. Commercial Core Current Zoning ............. ............. CBD-RC (Central Business District -Rail Corridor) Adjacent Zoning ........... ....North: CBD-RC East: CBD-RC South: CBD-RC West: CBD-RC Existing Land Use ....... ............. Contractors warehouse/office Proposed Land Use ..... .............. Construction of a 6,362 sq. ft. building addition. Water Service .............. .............. Existing on site. Sewer Service .............. ............. Existing on site. November 14, 2007 ---STAFF REPORT--- v.B. Class IV Site Plan Modification, Landscape Plan And Building Elevations Associated With The Construction Of A 6,362 Square Building Addition To The Existing 3,032 Square Foot Building For The Onnen Project -Disaster Recovery and Emergency Operations Center Located On The West Side Of NE 4th Avenue, 150 Feet North Of NE 2nd Street (234 NE 4th Avenue). ., ., ^ Expansion of the parking area; and ^ Installation of a dumpster enclosure, site lighting and landscaping. The site plan application includes waiver requests to the following sections of the City's Land Development Regulations: 1. LDR Section 4.4.13(F)(7)(a), which requires a rear setback of 10 feet in the Central Business District. 2. 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. SPRAB Staff Report -November 14, 2007 Class IV Site Plan Modification, Landscape Plan and Building Elevations for Onnen Disaster Recovery and Emergency Operations Center Page 2 3. LDR Section 4.6.14(A)(1), which requires a 20-foot visibility triangle at the intersection of the driveways and NE 4th Avenue. 4. 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. 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. Building Setbacks: * The existing building has a frontage of 19% (25 feet). The proposed building addition reduces the existing nonconformity, thus, relief is not required. ** Pursuant to LDR Section 4.4.13(F)(4)(e)(2), the front setback may be modified to allow encroachment by stair towers. The stair towers along the east side of the property encroach 5 feet into the required 15 foot setback. *** This is an existing nonconformity for the first and second stories. The applicant has submitted a waiver request for the third and fourth floors, which will be discussed later in this report. The following table indicates that the proposal complies with LDR Section 4.4.13(F)(2), (4) & (7) as it pertains to the Central Business District (CBD) zone district: SPRAB Staff Report -November 14, 2007 Class IV Site Plan Modification, Landscape Plan and Building Elevations for Onnen Disaster Recovery and Emergency Operations Center Page 3 Parking: Pursuant to LDR Section 4.4.13(G)(1)(f), the required parking for the three bedroom unit is 2.25 parking spaces. Per LDR Section 4.6.9(C)(5)(a), the required parking for the 4,650 square feet of storage portion (computers) is 4.65 parking spaces and 14.23 parking spaces for the 4,744 square feet of office, for a total of 19 parking spaces. The total combined required parking for the residential and non-residential portion of the development is 22 spaces and the development provides a total of 19 parking spaces. As noted in the background section of this report, the City Commission approved a fee in-lieu of 3 required parking spaces for this development. Thus, the proposed development complies with the parking requirements. Building Height: Pursuant to LDR Section 4.4.13(F)(1)(a), the overall height of buildings shall be a minimum of 25 feet and a maximum of 48 feet. The proposed building is 48 feet 3 inches high from grade to roof deck. A condition of approval is attached that the building be lowered to a maximum height of 48 feet. Site Lighting: A photometric plan has been submitted that demonstrates compliance with the illumination requirements of LDR Section 4.6.8(B)(3)(c). A technical item is attached that the elevation detail of the light pole and fixture be revised to provide a graphic notation of the height dimension. Right-of-Way Dedication: Pursuant to LDR Sections 5.3.1(A) and (D) and Table T-1 of the Comprehensive Plan Transportation Element, the required right-of-way for NE 4th Avenue is 60 feet and 40 feet currently exists. Pursuant to LDR Section 5.3.1 (D)(4), a reduction in the required right-of-way width or existing streets may be granted by the City Engineer upon favorable recommendation from the Development Services Management Group (DSMG). The Cit~ Engineer and DSMG considered and approved the reduction of the right-of-way for NE 4 Avenue to 50 feet. Thus, a 5-foot right-of-way dedication will be required and is accounted for in the proposed site plan. The dedication will need to be accepted by the City Commission or included on the recorded plat prior to site plan certification and this is attached as a condition of approval. Accessory Uses: Pursuant to LDR Section 4.4.13(C)(5), a single family residence, either separate or within a structure housing a nonresidential use, are allowed, provided the residence is occupied by the owner, proprietor, or employee of a business enterprise conducted on the property. A condition of approval is attached that the site plan include a note that the single family residential unit can only be occupied by the owner, proprietor, or employee of the business. SPRAB Staff Report -November 14, 2007 Class IV Site Plan Modification, Landscape Plan and Building Elevations for Onnen Disaster Recovery and Emergency Operations Center Page 4 Pursuant to LDR Section 2.4.7(8)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Rear Setback: Pursuant to LDR Section 4.4.13(F)(7)(a), all building floors must provide a 10-foot rear setback. As noted previously, the existing building encroaches 4 inches into the required rear setback. The development proposal includes the addition of a third and fourth floor, which also encroach 4 inches into the rear setback. The applicant has requested a waiver from the rear setback for the third and fourth floor. The applicant has submitted the following verbatim narrative in support of the waiver: `This letter will serve as a forrnal request for waiver from L.D.R. Section 4.4.13(F)(7)(a) requiring a minimum 10' setback from the rear (west) property line. This proposed project is an addition and remodeling to an existing two-story commercial building. The existing building currently contains an encroachment of approximate) 4" at its northeast corner into the 10' rear setback. The proposed addition carries the 3r~and 4~h floors along the same building line as the existing 1S and Md floors. This waiver request is to continue the non- conformity through the building's 3rd aGnd 4th floors." Waiver Analysis: The existing building encroaches 4 inches into the rear setback, which is a nonconformity. The development proposal includes adding a third and fourth floors onto the existing building, which will also encroach 4 inches into the rear setback. Since the encroachment is minimal and will not project further into the setback, the waiver can be supported. Consequently, positive findings can be made with respect to LDR Section 2.4.7(8)(5), Waiver Findings. Front Setback Area: Pursuant to LDR Section 4.4.13(F)(3)(f)(1), the front setback area shall be finished with paving materials to match the existing or planned sidewalks within the adjacent right-of-way. The front setback area (the area between the building and the property line along NE 4th Avenue) is proposed as landscape area. The applicant has submitted a waiver request to eliminate the paving requirement. SPRAB Staff Report -November 14, 2007 Class IV Site Plan Modification, landscape Plan and Building Elevations for Onnen Disaster Recovery and Emergency Operations Center Page 5 The applicant has submitted the following verbatim narrative in support of the waiver: "...The intent of this code is obviously to provide pedestrian access to and along the front of retail and commercial establishments within the CBD. Based on the nature of this proposed use as a Disaster Recovery and Emergency Operations Center there are no occupiable spaces along the base of the building fronting the right-of--way. We do have one section of paving providing an entry to a stairwell at the front of our building. The remainder of the building frontage abutting the right-of--way contains landscaping which is more beneficial to the beautification of the project and function of the building which is not accessible..." Waiver Analvsis: The intent of this requirement is to provide a pedestrian friendly environment that encourages window shopping. This is a crucial design element in an urban setting in terms of generating the desired "synergy" for pedestrians. However, the subject property is located in an area that is not now, or for the foreseeable future, conducive to pedestrian activity in terms of shopping opportunities. Further, the subject neighborhood has no pedestrian relationship to Atlantic Avenue and Pineapple Grove Way due to the distances from these commercial corridors. Given the location of the property and nature of the neighborhood, it is more prudent to landscape this area and soften the front far~ade of the building. Consequently, positive findings can be made with respect to LDR Section 2.4.7(8)(5), Waiver Findings. Visibility at Intersections: Pursuant to LDR Section 4.6.14, a 20-foot visibility triangle is required at the intersection of the driveways and NE 4th Avenue. The screening walls and columns of the building encroach approximately 15 feet into the required visibility triangle. The applicant has submitted a waiver request to reduce the required visibility triangle. The applicant has submitted the following verbatim narrative in support of the waiver: "...Our proposed design contains a 2'x2' square vertical column at the building's extreme north and south corners. In addition, the building's north comer encroaches into the visibility triangle at the south side of the northern most drive-way. As a vehicle exits this project and approaches the right-of--way and proposed edge of pavement along Northeast 4tn Avenue, a vehicle will have a clear and unobstructed view north and south as it enters Northeast 4th Avenue." Waiver Analvsis: It is noted that the distance from the walls/columns to the edge of the vehicular travel lanes is 20 feet. Thus, the drivers of vehicles will have full visibility of on-coming traffic when leaving the site. It is also noted that the relative speeds of vehicles along NE 4th Avenue and vehicles leaving the site are significantly lower than along acollector/arterial street or larger SPRAB Staff Report -November 14, 2007 Class IV Site Plan Modification, Landscape Plan and Building Elevations for Onnen Disaster Recovery and Emergency Operations Center Page 6 parking lots. Therefore, the safety of vehicles and pedestrians is not a concern. Consequently, positive findings can be made with respect to LDR Section 2.4.7(6)(5), Waiver Findings. Technical Items: While the revised site plan has accommodated most of the staff concerns the following item remains outstanding, and will need to be addressed prior to certification of the site plan unless as otherwise stated. 1. Provide copy of certified boundary and topographic survey meeting requirements of LDR Section 2.4.3 (A), (B) and (D). Existing grades should be taken approximately 10-feet outside all subject property lines for all adjacent properties. Survey shall provide sufficient information to determine historical drainage pattern. 2. The survey, site plan, landscaping plan and preliminary engineering plan shall be at the same scale per LDR Section 2.4.3 (B) (1). All plans shall be drawn on 24" x 36" sheets and at a scale of 1" = 10', 1" x 20' or 1" x 30', unless approved by the City Engineer. 3. Provide existing elevations on existing roadway including edge of pavement and center line. 4. Site is required to retain 5 year 1 hour storm (3.2") in addition to meeting water quality criteria (1"). Provide signed and sealed drainage calculations and indicate how storm water will be retained on site. See LDR Section 2.4.3 (D) (4) and (7). Please complete calculations provided. 5. Show nearest existing drainage structures per LDR Section 2.4.3 (D) (3). 6. Clearly indicate limits of right of way, center line of the road and all easements lines. 7. Provide copy of the approved landscape plans. Per Section 4.6.14 of LDR's, any landscaping in the site triangle "shall provide unobstructed cross-visibility at a level between 3-feet and 6-feet" this includes tree trunks. 8. Show nearest existing fire hydrants and add any necessary hydrants per fire department requirements. 9. Provide location of existing water service on engineering plans. Engineer needs to verify location of existing water service prior to obtaining building permit, not Contractor. 10. Existing water meter in sidewalk needs to be relocated if it's going to used, otherwise note as abandoned and plugged if that's the case. 11. Provide cleanout at a maximum distance of 18-inches from right-of-way line and/or property line. SPRAB Staff Report -November 14, 2007 Class IV Site Plan Modification, Landscape Plan and Building Elevations for Onnen Disaster Recovery and Emergency Operations Center Page 7 12. Provide the following note on the Landscape Plans that, "any trees or shrubs are placed within water, sewer or drainage easements shall conform to the City of Delray Beach Standard Details; LD 1.1 & LD 1.2." These Details are to be shown on the Landscape Plans. 13. Show and clearly label all easements on Landscape Plans. 14. Developer to ensure that no landscaping is planted over any exfiltration trenches. 15.That a plat application be submitted and a recorded plat submitted. 16.That the elevation detail of the light pole and fixture be revised to provide a graphic notation of the height dimension. 17.That the site data table be revised to correctly note the floor area of the office portion of the development. A landscape plan has been submitted and evaluated by the City Horticulturalist. The landscape plans provide for perimeter and interior landscape areas adjacent to the building, and parking area consisting of Live Oak, Silver Buttonwood, Montgomery Palm, Royal Palm, and Alexander Palm. These areas will be underplanted with Christopher Lily, Yellow Croton, Ficus hedge, Green Island Ficus, Yaupon Holly, Nora Grant Ixora, Variegated Pittosporum, and Myrtifolia Columns. The proposed landscape plan complies with the City's Land Development Regulations (Section 4.6.16). Landscape Technical Items: The following Landscape Plan items remain outstanding, and will need to be addressed prior to certification of the site plan. 1. That the in consistency between the landscape plan and composite utility plan are resolved with respect to the Sabal Palms, Oaks between, Alexander Palms, and Buttonwood trees. 2. Per 4.6.16(H) (3) (o) landscaping may be permitted in easements only with the written permission of the easement holder. Written permission shall be submitted as part of the site plan or landscape plan review. There is a proposed 10 foot easement along the west perimeter of the site. 3. Based upon the composite overlay plan, there appears to be some conflicts between various utilities and proposed landscaping. Site lighting shown on the composite plan is shown in a different location on the photometric plan. There will be conflicts between the proposed lighting and trees if the lighting is installed in the locations shown on the photometric plan. SPRAB Staff Report -November 14, 2007 Class IV Site Plan Modification, Landscape Plan and Building Elevations for Onnen Disaster Recovery and Emergency Operations Center Page 8 4. The applicant shall consider using the same type of hedge along the west perimeter of the site as the existing hedge on the other side of the property line. Otherwise maintenance may become any issue with one hedge growing into the other. Also, in keeping with 'xeriscape' principles, the applicant should consider eliminating all sod from the site. The only place that sod is proposed within the site is along the west side. The use of ground cover in that area would greatly reduce the frequency of maintenance required. ::_ w~:. ~ _~. ~_ ..~ ,_ , Pursuant to LDR Section 4.6.18(E), the following criteria shall be considered by the Site Plan Review and Appearance Board in the review of plans for building permits. If the following criteria are not met, the application shall be disapproved. (1) The plan or the proposed structure is in conformity with good taste, good design, and in general, contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality. (2) The proposed structure, or project, is in its exterior design and appearance of quality such. as not to cause the nature of the local environment or evolving environment to materially depreciate in appearance and value. (3) The proposed structure, or project, is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the supplemental criteria which may be set forth for the Board from time to time. The building is an eclectic contemporary architectural interpretation. The roof line is offset with varying heights and treatments. The parapets are varied with straight lines and angles. The facade includes plane changes and balcony rail changes with the use of glass and cable railings. The primary wall colors include light and medium beige and blue. The architect has included red awnings over certain windows and balconies. The proposed design is well balanced and the rhythm of architectural treatments flows throughout the entire building. Based on the above, a positive finding can be made with respect to LDR Section 4.6.18(E), subject to the issues. Green Building Design: Pursuant to LDR Section 4.6.18(B)(14)(v)(6), cross-ventilation, energy efficiency, and green building design shall be considered for all projects. The applicant has submitted the attached letter dated July 16, 2007 that delineates the methods employed by the proposed development to reduce the impacts on the environment. The applicant proposes to utilize high energy efficient mechanical equipment and low flow plumbing fixtures. The development also proposes to utilize recycled building materials in the building addition and recycle construction waste incurred by the development. While green building techniques are not a requirement for new development within the Central Business District, the applicant Window Area: Per LDR Section 4.6.18(B)(14)(iv)(2), the 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. All storefronts or glass areas abutting the street shall be transparent, non-solar or non-mirrored, and have a light transmission reduction of no more than 20%. The eastern elevation of the building does not provide a minimum glass area of 75%. The applicant has requested a waiver from the minimum transparency requirement. The applicant has submitted the following verbatim narrative in support of the waiver: "...1) Due to the proposed occupancy and nature of the building's use as a disaster recovery center and emergency operations center, this building will be designed to withstand beyond a Category V storm and 170 MPH winds, therefore the exterior fenestrations and glass areas have been kept to a minimum to ensure a secure envelope for this building. 2) It is not proposed that there will be any exterior traffic from the public right-of--way to the ground floor of this building. 3) The first floor of the building is used primarily for building lobby, stairwells and enclosed parking spaces in a garage. There is no occupiable space fronting Northeast 4th Avenue." Waiver Analysis: The purpose for the transparency requirement is to provide a pedestrian friendly environment that encourages window shopping. The same argument for supporting the waiver to the paving of the front setback area applies to this waiver. The distance from the core area of the downtown does not lend itself to the pedestrian experience that would be found along SPRAB Staff Report -November 14, 2007 Class IV Site Plan Modification, Landscape Plan and Building Elevations for Onnen Disaster Recovery and Emergency Operations Center Page 10 Atlantic Avenue or Pineapple Grove Way. The building elevations as proposed are innovative and balanced. Hence, the introduction of additional windows is not warranted in this situation. Consequently, positive findings can be made with respect to LDR Section 2.4.7(6)(5), Waiver Findings. Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following areas: Section 3.1.1 (A) -Future Land Use Ma The subject property has a CC (Commercial Core) Future Land Use Map and CBD-RC (Central Business District -Railroad Corridor) Zoning Map designation. Pursuant to the LDR Section 4.4.28(6)(1), business and professional offices are permitted uses in the CBD-RC zoning district. Pursuant to the Comprehensive Plan Future Land Use Element, the CBD-RC zoning district is consistent with the CC Future Land Use Map designation. Based upon the above, a positive finding can be made with respect to consistency with the Future Land Use Map designation. Section 3.1.1 (B) - Concurrency: As described in Appendix A, a positive finding of concurrency can be made as it relates to water, sewer, streets and traffic, drainage, parks and recreation, open space, solid waste, and schools. Section 3.1.1 (C) - Consistency (Standards for Site Plan Actions): As described in Appendix B, a positive finding of consistency can be made as it relates to Standards for Site Plan Actions. Section 3.1.1 (D) -Compliance With the Land Development Regulations: As described under the Site Plan Analysis of this report, a positive finding of compliance with the LDRs can be made, when all outstanding items attached as conditions of approval are addressed. Section 2.4.5 (F)(5) -Compatibility (Site Plan Findings): The approving body must make a finding that development of the property pursuant to the site plan will be compatible and harmonious with adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. SPRAB Staff Report- November 14, 2007 Class IV Site Plan Modification, Landscape Plan and Building Elevations for Onnen Disaster Recovery and Emergency Operations Center Page 11 Letters of support and objection, if any, will be presented at the SPRAB meeting SPRAB Staff Report -November 14, 2007 Class IV Site Plan Modification, Landscape Plan and Building Elevations for Onnen Disaster Recovery and Emergency Operations Center Page 12 The development proposal will be consistent with the policies of Chapter 3 and Section 2.4.5(F)(5) of the Land Development Regulations, and policies of the Comprehensive Plan provided the conditions of approval are addressed. The proposed development will be compatible and an asset to surrounding uses. A. Postpone with direction. B. Move approval of the request for waivers and a Class IV site plan modification, landscape plan and architectural elevations for The Onnen Disaster Recovery and Emergency Operations Center, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(F)(5), 2.4.7(8)(5), and Chapter 3 of the Land Development Regulations, subject to the attached conditions of approval. By Separate Motions: Waivers: 1. Recommend approval to the City Commission of the waiver to LDR Section 4.4.13(F)(7)(a), which requires a rear setback of 10 feet in the Central Business District, based on a positive finding with respect to LDR Section 2.4.7(8)(5). 2. Recommend 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, based on a positive finding with respect to LDR Section 2.4.7(6)(5). 3. Recommend approval to the City Commission of the waiver to LDR Section 4.ti.14(A)(1), which requires a 20-foot visibility triangle at the intersection of the driveways and NE 4th Avenue, based on a positive finding with respect to LDR Section 2.4.7(8)(5). SPRAB Staff Report -November 14, 2007 Class IV Site Plan Modification, Landscape Plan and Building Elevations for Onnen Disaster Recovery and Emergency Operations Center Page 13 4. Recommend 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, based on a positive finding with respect to LDR Section 2.4.7(8)(5). Site Plan: Move approval of the request for Class IV site plan modification approval for The Onnen Disaster Recovery and Emergency Operations Center, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(F)(5) and Chapter 3 of the Land Development Regulations, subject to the following conditions: 1. That revised plans are submitted addressing all Site Plan Technical Items and conditions of approval; 2. That the building be lowered to a maximum height of 48 feet. 3. That the single family residential unit can only be occupied by the owner, proprietor, or employee of the business, and that this be noted on the site plan. 4. That the applicant extends a water main along NE 4~" Avenue per the direction of the City Engineer, if warranted. 5. That a finding of concurrency be submitted from the Palm Beach County School District. 6. That the dedication of right-of-way to NE 4th Avenue be accepted by the City Commission or included in the recorded plat prior to site plan certification. 7. That the applicant remit the $500 park impact fee prior to issuance of a building permit. Landscape Plan: Move approval of the request for landscape plan approval for the The Onnen Disaster Recovery and Emergency Operations Center, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Sections 4.6.16 of the Land Development Regulations, subject to the condition that all that all Landscape Technical Items are addressed and three (3) copies of the revised plans are submitted. Elevations: Move approval of the request for architectural elevations for The Onnen Disaster Recovery and Emergency Operations Center, 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 SPRAB Staff Report -November 14, 2007 Class IV Site Plan Modification, Landscape Plan and Building Elevations for Onnen Disaster Recovery and Emergency Operations Center Page 14 Comprehensive Plan and meets criteria set forth in Section 4.6.18(E) of the Land Development Regulations. Attachments: • Appendix A • Appendix B • Site Plan, Landscape Plan, and Building Elevations • Letter dated July 16, 2007 from John Brooks Report prepared by: Scott D. Page, Senior Planner Pursuant to Section 3.1.1(B) concurrency as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer: With respect to water and sewer service, the following is noted: ^ Water service exists to the site via lateral connection to a water main along NE 4"' Avenue. However, the preliminary engineering plans do not indicate the size or precise location of the water main. Therefore, the developer may need to extend an 8 inch water main along NE 4"' Avenue depending on the existing conditions and this is attached as a condition of approval. Adequate fire suppression is provided via existing fire hydrant at the northwest corner of NE 4`h Avenue and NE 2"d Street. ^ Sewer service exists via service lateral connection to an existing 8" main along NE 4'~ Avenue. The Comprehensive Plan states that adequate water and sewer treatment capacity exists to meet the adopted LOS at the City's build-out population based on the current FLUM. The proposal will have an insignificant impact on all public services and was anticipated for this property and was factored into the plan. Thus, a positive finding with respect to this level of service standard can be made. Streets and Traffic: A traffic impact statement has been submitted that indicates that the office addition will generate an additional 160 average daily trips and 19 a.m. peak hour trips. The subject property is located in the City's Traffic Concurrence Exception Area (TCEA). Based on the low volume of additional traffic and the location of the property within the TCEA, a positive finding can be made to this level of service standard. Parks and Recreation Facilities: The proposed unit will not have a significant impact with respect to level of service standards for parks and recreation facilities. However, pursuant to LDR Section 5.3.2, whenever a development is proposed upon land which is not designated for park purposes in the Comprehensive Plan, an in-lieu fee of $500.00 per dwelling unit will be collected prior to issuance of building permits for each unit. Thus, an in-lieu fee of $500.00 will be required of this development. Solid Waste: Based upon the Solid Waste Authority's Trash Generation Rates, trash generated each year by the 6,362 square foot office addition will be 5.4 pounds per square foot for a total of 17.18 tons/year. The dwelling unit will generate 1.99 tons of solid waste per year for a total of 19.17 tons per year. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals until the year 2024, thus a positive finding with respect to this level of service standard can be made. Drainage: Drainage is accommodated on site via sheet flow to a Swale along NE 4~' Avenue. There should be no impact on drainage as it relates to this level of service standard. Schools: A finding of concurrency has not been received from the Palm Beach County School District for the residential component. Therefore, a condition of approval is attached that a finding of concurrency be submitted. A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable Meets intent of standard X Does not meet intent B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D-1 and D-2 of the Transportation Element. Not applicable Meets intent of standard X Does not meet intent C. Open space enhancements as described in Policies found under Objective B-1 of the Open Space and Recreation Element are appropriately addressed. Not applicable Meets intent of standard X Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable X Meets intent of standard Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable X Meets intent of standard Does not meet intent F. Property shall be developed or redeveloped in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable Meets intent of standard X Does not meet intent Appendix B Standards for Site Plan Actions Page 2 G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B-2 of the Housing Element. Not applicable X Meets intent of standard Does not meet intent H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Not applicable Meets intent of standard X Does not meet intent Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard X Does not meet intent Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Not applicable X Meets intent of standard Does not meet intent p ~c~r~udL;~, ~u~ 1 s 200 ~~j Cu.~ PLANNING & ZONING ARCHITECTS PLANNERS Liavc No. 3}BI July 16, 2007 Scott Pape, Senior Planner City of Delray Beach Planning and Zoning Department 201 NW 1St Avenue Delray Beach, Florida 33444 RE: Delray Disaster Recovery and Emergency Operations Center 2007.10 Dear Scott: At your request and per L.D.R. Section 4.6.18 (B) (14) (v) (6), the following addresses the requirement for consideration of cross ventilation, energy efficiency and green building design. Energy efficiency will be incorporated into every aspect of this building design including the building envelope and the mechanical, electrical and plumbing systems incorporated within the building. Our exterior envelope will be constructed well beyond the requirements of the code due to the nature of the building's use. The exterior building fenestration (windows and doors) have been kept to a minimum to not only insure a secure, storm resistant envelope but also provide as little opportunity for heat gain and heat loss through the windows and openings. We have, of course, incorporated enough windows in the design to allow natural light to help balance and reduce the consumption of energy required for artificial lighting. In addition, the mechanical system selected for this building will carry the highest energy efficiency ratings available and each floor of the building will be zoned individually with separate systems to provide flexibility and efficiency. In addition, we will incorporate green building techniques into the building shell, mechanical systems and site design. Some the green building techniques proposed are as follows: SITE -Incorporate landscaping with tree canopies which will minimize heat islands in the paved areas. Covered parking will also reduce heat by shading paved parking areas. SITE -Reduced light pollution with high cut-off fixtures. SITE -Reduce site irrigation requirements through xeriscaping. BUILDING -Reduce water usage with low-flow pressure assist toilets, low-flow or waterless urinals and low-flow faucets. 2060 NW Boca Raton Blvd. Suite 2 Boca Raton, Florida 33431 Ph 5613923848 fax 561 3925402 slatteryarchitectacom BUILDING -Reduce energy consumption through high efficiency lighting and automatic occupancy sensors. SITE - Providing a recycling area at dumpster. BUILDING -Utilizing recycled building materials. BUILDING -Use of products that are manufactured locally in order to reduce transportation impact (concrete, masonry, etc.). BUILDING -Design of HVAC system per ASHRAE 62.1-2004. BUILDING -Maximize daylight inside of building to reduce artificial lighting consumption (as much as feasible due to secure nature of building). BUILDING -Specify low emitting adhesives and sealants, paints and coatings, carpet systems, composite wood and laminate adhesives. BUILDING -Provide computer operated energy management system. BUILDING -Provide recycling of construction waste during the building phase. Our firm along with our client will be making every effort during the preparation of the construction documents in consideration of the above as well as many other techniques and design elements toe ure energy efficiency and a sustainable design. Sincerely y rs Slattery Ass late In Paul J Slattery I MEMORANDUM TO: FROM: THROUGH: DATE: SUBJECT: MAYOR AND CITY COMMISSIONERS SCOTT PAPE, AICP, SENIOR PLANNER/ PAUL DORLING, AICP, DIRECTOR PLAI~INING AND Z NING CITY MANAGER NOVEMBER 27, 2007 7rid. ~.. '~~~~-~--~'~ ~" ITEM BEFORE COMMISSION The action requested of the City Commission is consideration of a conditional use request to allow the establishment of a 24-hour or late night business for Wal-Mart, pursuant to Section 2.4.5(E). BACKGROUND The subject property consists of Parcel "A" of the Wal-Mart Center subdivision and contains 11.78 acres. The parcel was annexed into the City of Delray Beach on August 22, 1989 and is zoned PC (Planned Commercial). The hours of operation for the existing Wal-Mart are from 7:00 a.m. to 10:00 p.m., seven days a week. The request is to extend the operation to 24 hours a day, seven days a week. The applicant has also submitted a site plan modification to improve the driveway entrance, landscaping, building expansion for a loading dock and vestibule consisting of 2,558 square feet, an outdoor employee break area, and building elevations. These improvements will be considered by the Site Plan Review and Appearance Board if the Conditional Use request is approved. At its meeting of November 19, 2007, the Planning and Zoning Board considered the conditional use request and recommended approval to the City Commission by a vote of 6 to 0, subject to the conditions of approval as noted in the attached Planning and Zoning Board staff report dated November 19, 2007. REVIEW BY OTHERS The development proposal is not located in an area that requires review by the CRA (Community Redevelopment Agency) or DDA (Downtown Development Authority). There was one person from the public that expressed concerns about the proposed conditional use. The individual indicated that the type of patron that would visit the property during the extended hours would not be from the "area." Conditional Use Request for Wal-Mart City Commission Regular Meeting -December 4, 2007 RECOMMENDATION Approve the conditional use request to establish a 24-hour or late night business (Wal-Mart) based upon positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E)(5) (Required Findings), and Section 4.3.3(W)(2)(c) (24-Hour or Late Night Business Findings) of the Land Development Regulations, and consistency with Housing Element Policy A-12.3, subject to the conditions in the attached Planning and Zoning Board Staff Report dated November 19, 2007: Attachments: Location Map • Planning and Zoning Board Staff Report of November 19, 2007 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONAL USE REQUEST FOR WALMART ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This conditional use request has come before the City Commission on December 4, 2007. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the conditional use request for Walmart. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsections I and II. I. COMPREHENSIVE PLAN a. Comprehensive Plan -Future Land Use and Man: Is the future use and intensity of the development consistent with the future land use map and comprehensive plan and is it appropriate in terms of soil, topographic, and other applicable physical considerations, complementary to adjacent land uses, and fulfills remaining land use needs? Yes No b. Concurrence: Concurrency as defined pursuant to Objective B-2 of the land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Are the concurrency requirements met as respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste and schools? Yes No. c. Housing Element Pollcv 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. Is the project consistent with Housing Element Policy A-12.3? Yes No II. LDR REQUIREMENTS: a. LDR Section 2.4.5(E1 Required Findings: (Conditional Use): Pursuant to Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the conditional use will not: Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; ii. Hinder development or redevelopment of nearby properties. Will the requirements of LOR Section 2.4.5(E) be met? Yes No b. LDR Section 4.3.3(W) 24-Hour or Late Night Businesses: In addition to any findings required by Section 2.4.5(E) of the Land Development Regulations, and any other required findings, the following specific findings shall be made in order for any 24-Hour or late night business to be approved for a conditional use: 1. That the use will be consistent with Housing Element A-12.3 of the Comprehensive Plan of the City of Delray Beach. 2. That the submitted security plan contains measures adequate to reasonably protect the safety of patrons, employees and nearby residents. 3. That the amount and type of proposed buffering is adequate to minimize the effects of noise impacts upon surrounding uses and nearby residential 2 properties and to act as a visual buffer to the property from surrounding uses and nearby residential properties. Will the requirements of LDR Section 4.3.3(W) be met? Yes No 3. The comments and notes set forth in the staff report are hereby incorporated herein. 4. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the conditional use request was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan and Land Development Regulations. 5. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 6. Based on the entire record before it, the City Commission approves _ denies the conditional use request subject to conditions attached hereto and hereby adopts this Order this 4"' day of December, 2007, by a vote of in favor and opposed. Rita Ellis, Mayor ATTEST: Chevelle Nubin City Clerk 3 CONDITIONS 1. That the external security patrol be extended to sunrise, seven days a week. 2. That the location and coverage of the exterior cameras are provided on the plans and that the property has 100% camera coverage. 3. That the gaps between the existing and proposed trees are filled in with Crepe Myrtle (or other acceptable trees) at a spacing not to exceed 15 feet on-center along the south side of the property. 4 N WALMART ~_ sue~ECr 16205 SOUTH MILITARY TRAIL PROPERTY GTY OF DELRAY BEACH, FL LOCATION MAP PLANNING k ZONING DEPARTMENT -- 0/C/TAL @ASE MAP SYSTEM -- MM REF: 5:\Planning k Zoning\DRMS\Fle-Cad\2-lM 1001-1500\1M 1045_Walmart PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: November 19, 2007 AGENDA ITEM: Iv.A. ITEM: Conditional use request to establish a 24 hour or late night business in the Planned Commercial (PC) zoning district for Wal-Mart at 16205 South Military Trail. GENERAL DATA: Owner ......................... Wal-Mart Stores East. LP Agent ......................... Kimley-Horn and Associates, Inc. Location .......................... West side of Military Trail, 650 feet south of Linton Boulevard (16205 South Military Trail). Property Size .................. 11.78 acres Future Land Use Map..... General Commercial Current Zoning ............... PC (Planned Commercial) Adjacent Zoning....North: PC East: CF (Community Facilities) & POC (Planned Office Center) South: RS-SE (Single Family Residential - Special Exception -Palm Beach County) West: CF Existing Land Use.......... Retail Center Proposed Land Use........ Retail Center Water Service ................. Existing on site. Sewer Service ................ Existing on site. ~~'~,~I ~a~ a rox 3 evxxo LO~Ni RYAK[ L 1. _A'C TE E~ IV.A Planning & Zoning Board ro,eeting November 19, 200T Conditional Use Request fora 24-Hour or Late Night Business (Walmart) 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 consistency with the Future Land Use Map (PLUM), Concurrency, Comprehensive Plan Consistency, and Compliance with the LDR. FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation. The subject property has a PLUM designation of General Commercial (GC) and a zoning designation of Planned Commercial (PC). The PC zoning district is consistent with the PLUM designation of GC. As previously stated, the retail business, will be considered a 24-hour business, which requires conditional use approval pursuant to LDR Section 4.4.12(H)(2). Based upon the above, a positive finding with respect to consistency with the PLUM can be made. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. The levels of service affected by the proposed expansion are noted below: Streets and Traffic: The applicant has submitted a traffic study that indicates that the 2,558 square foot expansion will generate 101 new daily trips, 10 new peak p.m./4 new a.m. peak trips onto the surrounding roads. The existing property is granted a 10% redevelopment credit per the Palm Beach County Traffic Performance Standards Ordinance, which would allow for an expansion that results in up to 341 new daily trips and 31 new peak p.m. trips, 3 peak a.m. trips. Since the proposed expansion is less than allowed redevelopment credit with the exception of an additional a.m. trip, a finding of concurrency with the Palm Beach County Traffic Performance Standards Ordinance can be made. Solid Waste: The proposed 2,558 square foot building addition will generate 13.56 tons of solid waste per year (2,558 sq.ft. x 10.6 lbs. / 2,000 = 13.56 tons). The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals till the year 2024, thus a positive finding with respect to this level of service standard can be made. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in Section 2.4.5(E)(5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the goals, objectives, and policies of the adopted Comprehensive Plan was conducted and the following applicable policy is noted: Housing Element Policv 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 2 Planning & Zoning Board Meting November 19, 2007 Conditional Use Request fora 24-Hour or Late Night Business (Walmart) proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. The property is bordered along the south side by the Country Lake multiple family residential development. The nearest residential unit within the Country Lake subdivision is located approximately 70 feet south of this property line. The existing Wal-Mart property provides a 5- foot wide landscape strip along the south side that includes a 6-foot high chain link fence and an approximately 8-foot high Ficus hedge. The applicant also proposes to install Live Oak, Sabal Palms, Bald Cypress, Black Ironwood, and Queen's Crepe Myrtle along the south side of the property. Given the minimal overnight patronage of the retail facility, the existing hedge and new landscape material with the chain link fence should be sufficient to buffer the use from the adjacent residential community. Further, the improved illumination, security patrols, and camera coverage proposed as conditions of approval on the exterior of the building will deter criminal activity in the area. Unfortunately, the site is constrained from providing additional larger trees along the southern property line given existing overhead power lines. However, a condition of approval is attached that the gaps between the existing and proposed trees are filled in with additional Crepe Myrtle trees (or other acceptable low growing trees) at a spacing not to exceed 15 feet on-center. With respect to existing traffic issues, the associated site modification of the driveway entry (addition of second left turn lane outbound) from Military Trail will also improve traffic flow and safety of vehicles entering and exiting the site. SECTION 2.4.5(E) REQUIRED FINDINGS: (Conditional Use) Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; B. Nor that it will hinder development or redevelopment of nearby properties. As noted previously, the buffer along the south side of the property as conditioned will adequately screen the adjacent residential community from the minimal patronage that will be generated overnight. If the Board finds that a significant nuisance will be generated by the request, an 8-foot high wall could be installed along the south side of the property. It is noted that installation of a wall will likely require removal of the existing 8-foot high Ficus hedge. However, the nominal number of patrons will, in large part, park directly in front of main entrance, which is located 170 feet from the southern property line. Thus, nuisances such as The following zoning designations and uses border the property: Planning & Zoning Board M~eting`November 19, 2007 Conditional Use Request fora 24-Hour or Late Night Business (Walmart) noise from car doors, engine starting, etc. should not have a significant impact the adjacent neighborhood. Thus, positive findings can be made with respect to LDR Section 2.4.5 (E). COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: LDR Section 4.3.3(VV) 24-Hour or Late Night Businesses: (1) Purpose and Intent: The purpose and intent of the regulations of this section are: (a) To promote the health, safety and general welfare of the citizenry; (b) To provide conditions upon the use of 24-Hour or late night businesses in order to minimize impacts upon residentially-zoned properties from such uses. (2) Requirements: Unless otherwise specified, the following regulations shall apply to 24- Hour or late night businesses: (a) Conditional Use: Any 24-Hour or late night business located or proposed to be located within a three hundred foot (300') straight line route from any residentially-zoned property shall obtain a conditional use permit from the City for the operation of such use. The distance shall be measured from the nearest point of the property on which the 24- Hour or late night business is or will be located to the nearest point of a residentially- zoned property. (b) Conditions: In addition to complying with Section 2.4.5(E) of the Land Development Regulations, all other applicable regulations, and with any conditions imposed through the conditional use process, the following conditions shall apply to all 24-Hour or late night businesses which meet the requirements of subsection (2)(a): Security Plan: A 24-Hour or late night business shall submit a security plan detailing the manner in which the business intends to address the security of the establishment, its patrons, employees and nearby residents. A convenience business as defined in Section 812.171, Florida Statutes (2000), as may be amended from time to time, is exempted from filing a security plan with the City pursuant to this subsection. However, convenience businesses shall comply with all applicable provisions of Sections 812.101-812.175, Florida Statutes (2000), as may be amended from time to time. A security plan shall include, at a minimum, a detailed description of the following: a. external lighting; and, b. other external security measures, such as security cameras or other similar measures; and, c. internal security measures, such as drop safes, silent alarms, security personnel or other similar measures. The applicant has submitted the attached security plan for the property. The security plan addresses the external lighting of the property and external/internal security measures. The security plan indicates that the grounds are patrolled by a private security guard in a patrol vehicle during the hours of 7:00 p.m. to 3 a.m. nightly. In order to provide adequate security, a condition of approval is attached that the external patrol be extended to sunrise, seven days a week. The security plan indicates that parking lot walk ways and paths are covered by interior and Planning & Zoning Board Meting, November 19, 2007 Conditional Use Request fora 24-Hour or Late Night Business (Wal-Mart) exterior color digital cameras. The external cameras are mounted 18-21 feet above the finished parking lot. In order to improve security concerns particularly adjacent to the residential area, a condition of approval is attached that the location and coverage of the exterior cameras are provided on the plans and that the property has 100% camera coverage. 2. Buffering: A 24-Hour or late night business shall provide adequate buffering to minimize the effects of noise and to act as a visual buffer to the property from nearby residential districts. As noted previously, the south side of the property is buffered with a 5-foot wide landscape strip, an 8-foot high Ficus hedge, mid-size tree, and 6-foot high chain link fence. These physical improvements should be enhanced to provide adequate buffering of the residential property. As noted previously, additional medium- height trees should be installed along the south side of the property to fill in the gaps between the existing and proposed trees and this is attached as a condition of approval. Additional buffering is provided on the Country Lake property with existing trees and the separation of approximately 70 feet between the nearest residential unit and the Wal-Mart southern property line. (c) Findings: In addition to any findings required by Section 2.4.5(E) of the Land Development Regulations, and any other required findings, the following specific findings shall be made in order for any 24-Hour or late night business to be approved for a conditional use: 1. That the use will be consistent with Housing Element A-12.3 of the Comprehensive Plan of the City of Delray Beach. 2. That the submitted security plan contains measures adequate to reasonably protect the safety of patrons, employees and nearby residents. 3. That the amount and type of proposed buffering is adequate to minimize the effects of noise impacts upon surrounding uses and nearby residential properties and to act as a visual buffer to the property from surrounding uses and nearby residential properties. Based upon the previous analysis discussed in the staff report, the proposed conditional use will be consistent with Housing Element Policy A-12.3, which requires the City to consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. As discussed under "Buffering" and "Security Plan" in this section, positive findings can be made with respect to these items, provided that the security patrols are extended over-night and that the exterior camera coverage be provided for the entire property. The existing Ficus hedge and the new landscaping along the south side of the property will be sufficient to adequately buffer nuisances caused by extending the hours of operation of the retail use. Based upon the above, positive findings can be made with respect to LDR Section 4.3.3(W)(2)(c). A. Recommend postponement of the conditional use request fora 24-hour or late night business (Wal-Mart) based upon inconclusive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E)(5) (Required Findings), and Section 4.3.3(W)(2)(c) (24-Hour or Late Night Business Findings) of the Land Development Regulations, and consistency with Housing Element Policy A-12.3 and continue with direction. B. Recommend approval of the conditional use request fora 24-hour or late night business (Wal-Mart) based upon positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E)(5) (Required Findings), and Section 4.3.3(W)(2)(c) (24-Hour or Late Night Business Findings) of the Land Development Regulations, and consistency with Housing Element Policy A-12.3, subject to conditions. C. Recommend denial of the conditional use request fora 24-hour or late night business (Wal-Mart) based upon a failure to make positive findings with respect to 6 .Planning & Zoning Board meeting, November 19; 2Q07 Conditional Use Request fora 24-Hour or Late Night Business (Wal-Mart) Section 2.4.5(E)(5) (Conditional Use Findings) and Section 4.3.3(W)(2)(c) (24-Hour or Late Night Business Findings) of the Land Development Regulations, and inconsistency with Housing Element Policy A-12.3, that the proposed use will hinder development or redevelopment of nearby properties and the proposed development will result in a degradation of nearby neighborhoods. 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I3§d"v^ BE ~ Y P R eesg _ N J 0 J e ~ ° rte, Ee 8 4 N U' O Facility Security Plan Wal-Mart Supercenter #1589-03 Dekay Beach, Florida At Wal-Mart Stores, Inc. we take the safety and security of our customers and associates very seriously and demonstrate this commitment by meeting or exceeding industry standards in situations involving safety and security. An example of our commitment is the corporate and local support of the national Missing Children's Network and training associates in "Code Adam" procedures, which involve an immediate response to the report of a lost child in the facility. Since January 1996 we have featured 7,929 children on our network boards, with 6,370 children recovered. As of this writing, 155 children have been recovered as a direct result of the boards in our stores. Because we recognize there is no one security package that works for every location, we translate best practices across the chain and empower Facility Managers and Asset Protection Managers to identify and employ the measures appropriate for their facility. Through communication with local law enforcement, city officials, and neighboring businesses, Asset Protection Managers identify safety and security concerns and coordinate the implementation of effective solutions. As a result, when we build, lease or renovate facilities, we install the appropriate level of safety and security technology, such as enclosed circuit camera systems and fire protection systems based on the needs of that particular site. For existing facilities, we work with local management to prioritize their security needs and develop solutions to ensure compliance with security requirements. We utilize a risk management strategy for facility protection and the environment at each facility is constantly evaluated so as to provide a safe shopping experience. The administration of each facility's security program is a primary function of a manager assigned specifically to that facility as the Market Asset Protection Manager. The MAPM participates in the selection, testing, maintenance and operation of security devices prescribed by the security program. Additionally the MAPM monitors the efficiency of the security program, consults with local law enforcement agencies for response coordination, serves as a point of contact and monitor of external security support, conducts initial investigations of possible disniptive and illegal activities at the facility, and performs other duties as prescribed by senior management. The design and construction of each facility includes key principles of Crime Prevention Through Environmental Design (OPTED). The use of OPTED is known to reduce criminal opportunity to commit crimes. Components of this approach include lighting, awazeness training, security signage, integrated electronic security system, fire alarm system, assessment of each facility for contracted security coverage, and security controls. The Delray store currently FTL:2366629:1 1 utilizes one private security guard with his/her company vehicle to patrol the pazking lot during the hours of 7 p.m. to 3 a.m. nightly. The store currently closes to the public at 10 p.m. Lighting can be an effective security device to protect associates and customers. Lighting is utilized in parking areas, entrances, vehicular and pedestrian areas in a way to promote a safe and secure environment as well as provide a psychological deterrent to crime. Lighting is inspected regularly to ensure functionality and serviceability. Emergency lighting is installed in accordance with applicable safety regulations. Exterior lighting systems are activated prior to dusk and deactivated after dawn. We recognize light trespass is a concern in some locations and will take the necessary steps to ensure we are both good neighbors and provide a safe shopping experience. Signage indicating the use of closed circuit television has in some instances been proven to deter criminal activity. For this reason Signage indicating cameras in use is displayed throughout the parking lot. Other Signage is designed to make vehicular access to the site safe and user-friendly. Associates at each facility receive safety and security awareness training which aids in the recognition and response to safety or security related incidents. Additionally, quick reference emergency response guides are posted at several locations within the facility. These procedures provide quick reference to associates when challenged by natural disasters or criminal incidents. It is also important to note that all newly hired associates are required to undergo and successfully pass a drug screen where allowed by state law and a criminal background check. A 24-hour integrated Electronic Security System (ESS) that encompasses interior alarm sensors, Closed Circuit Television (CCTV), and Electronic Article Surveillance (EAS) is standazd equipment for each location. The Asset Protection Manager assists in selecting, testing, operating and maintaining the ESS. Multiple interior and exterior color digital cameras that record the parking lot walk ways and paths are mounted around the facility. These cameras are equipped with digital signal processing and backlight compensation circuitry, which increase their ability to operate in multiple lighting conditions. The cameras are housed in an aluminum casing equipped with heaters and blowers that protect the camera during adverse weather conditions. Cameras are mounted 18-21 inches above the finished parking lot to allow for greater field of view angles and reduce the opportunities for vandalism. Video is compressed using standards based MPEG4 compression and is typically recorded at 2Cif, 7.Sfps at 200kbps. All video is stored locally for 30 days. Asset Protection associates have unlimited access to this video through a video management software package on the client workstation located in the Asset Protection Office. Redundancy of this video is provided with the use of the Raid 5 hard drives and a UPS (Uninterruptible Power Supply) for back up power supply. A fire alarm system is installed as required by the Adopted Fire Prevention Code, and NFPA 72. Additionally each facility is equipped with an interior facility wide intercom system used to provide direction to personnel during emergency situations such as evacuations and natural disasters. FTL:2386629:1 2 In summary, both on the corporate and local levels, the management of Wal-Mart Stores and Sam's Club strive to work closely with local communities and officials to determine the best plan for safety and security at each facility. We then apply appropriate security measures by utilizing design, technology and staffing. While doing so, it is our intent to always comply with any requirements based on federal, state, and local laws or codes. FTL:2366629:1 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS ~ ~ FROM: ESTELIO BRETO, SENIOR PLANNER :3=~~a L -~~~~~~ PAUL DORLING, AI~C,P/,~DIRECTOR PLANNING AND ZONING ~'~~- THROUGH: CITY MANAGER [~J ~/ DATE: SUBJECT: ITEM BEFORE COMMISSION Consideration of a conditional use extension request to increase the building height to a maximum of 60' and to allow an increase above 30 dwelling units per acre (41.30 du/ac) for Atlantic Shores, a proposed residential development pursuant to LDR Section 2.4.4(F)(1) and (2)• Pursuant to LDR Section 2.4.4(F)(1) (Extensions), extensions may be granted to the previously approved application, pursuant to the following: • A written request for an extension must have been received by the City at least forty- five (45) days prior to the expiration date; • The letter must set forth the basis and reason for the extension; • The extension shall be considered by the same body which granted the original approval; • The extension, if granted, shall be for eighteen (18) months unless otherwise stated. The subject property consists of a 0.85 acres site described as the south 7 feet of Lot 9, and 10 through 12 inclusive, together with the north 37 feet of Lot 13 of Block 78. The subject property is located on the west side of SE 2"d Avenue, approximately 80' south of S.E. 1s` Street. The property is zoned CBD (Central Business District) and contained cone-story 4,410 sq. ft. retail store building built in 1962, a 5,508 sq. ft. warehouse distribution facility built in 1959, and aone-story 1,440 sq. ft warehouse structure built in 1961. All three structures have been demolished subsequent to the conditional use and site plan approvals. The development proposal includes the construction of a five-story residential building with a 64-space parking garage on the ground floor; installation of 6 parallel parking spaces along 2nd Avenue; and residential dwelling units on the second, third, fourth and fifth levels (35 dwelling units in total). The development will also include the installation of swimming pool, deck, exercise room, library, club house, and restrooms located on the 2nd and 3rd floors of the building. At its meeting of January 3, 2006, the City Commission approved the conditional use associated with the proposed development to increase the height up to 60' and a density in excess of 30 units per acre (41.30 du/ac is proposed). At its meeting of January 25, 2006, the Site Plan NOVEMBER 27, 2007 City Commission Documentation: Meeting of December 4, 2007 Atlantic Shores Conditional Use Extension Request Review and Appearance Board approved the Class V site plan application for the project. It is noted that the development proposal was developed and approved utilizing the Downtown Design Guidelines. As of March 5, 2007, the City Commission approved new design guidelines for the CBD zoning district that reduced the setback, simplified the development requirements and allow for greater buildable area. The Atlantic Shores project exceeds the minimum setback requirements instituted with the new design guidelines. Additional background information and full analysis of the proposal can be found in the attached Planning and Zoning Board staff report, dated November 21, 2005. ANALYSIS LDR Section 2.4.4fF1(2) "Construction Has Commenced" Pursuant to LDR Section 2.4.4(F)(2), when there are substantial improvements on the site, but the 25% establishment standard is not met, the granting agency shall consider the diligence and good faith of the developer to actually commence and complete construction. In this case, an extension to the originally approved project without change or without evaluation, pursuant to subsection (3), shall be granted to enable the developer to complete the project as opposed to allowing a continuing approval in order to more readily sell the land and/or project. Pursuant to LDR Appendix "A," the definition of construction is: "The building of or substantial improvement to any structure or the clearing, filling, or excavation of any land. When appropriate to the context, "CONSTRUCTION" refers to the act of construction or the result of construction." Given the demolition activity that has occurred, the provisions of Section 2.4.4(F)(2) shall apply to the proposed extension. In considering "diligence and good faith", the granting body shall consider: • When the construction commenced (construction which is commenced immediately preceding expiration generally indicates a lack of good faith); • The extent to which construction has proceeded; • The extent to which there has been a bonafide continuous effort to develop but because of circumstances beyond the control of the developer, it was not possible to meet the 25% standard. The applicant submitted the following verbatim statement regarding the delay with the construction of the proposed project with the extension request. The request was submitted within the required forty-five (45) day time frame prior to the expiration date. "Pursuant to Section 2.4.4(F) of the Land Development Regulations of the City of Delray Beach, Florida ("LDRs'~, this letter is submitted on behalf of our client, Atlantic Shores of Delray Beach, as a written request to the City of Delray Beach ("City's for a two (2) year extension for the Conditional Use and Site Plan for the project known as Atlantic Shores. This request is being delivered as mandated more than forty-five (45) days prior to the expiration date of both approvals. As a courtesy, and not in limitation of further reasons or evidence to be presented at the appropriate hearings, we would like to enumerate some of the reasons why an extension for each of the two (2) entitlements should be granted. First, the impacts of the past two hurricane seasons, culminating in Hurricane Wilma and its devastation to the local infrastructure, have delayed the execution of this 2 City Commission Documentation: Meeting of December 4, 2007 Atlantic Shores Conditional Use Extension Request project. Among other things, the scarcity of building resources and professionals in the field has delayed the completion of plans and drawings. Nonetheless, the applicant has continued to remain diligent in its efforts and has continued to show good faith. The start of the project has also been delayed due to economic and market reasons. Numerous residential developments that received site plan approval in the last few years have experienced difficulties in proceeding with the construction phase due to market forces. As a result of this "soft" real estate market, the City has approved numerous requests for extensions of site plan approvals. Therefore, it is reasonable to find that external circumstances have hindered the construction of the development. Despite the highly increased construction costs, increased housing costs and slow real estate market, our client is diligently moving forward to develop this project as evident from the submittal of the Plat as well as approved demolition and clearing permits, of which work has been completed. In fact, the City requested an expedited demolition of the existing structures that our client addressed immediately. Our client also allowed the City of Delray Beach to conduct fire training drills on the property. A great deal of time, money and effort has been spent on clearing the land and advertising and marketing this project including but not limited to: 1. Conducting blast a-mails to approximately eighty thousand (80,000) realtors throughout Florida and conducting "Voice Shot" phone calls to these brokers; 2. Several weekend presentations have been conducted at the Marriott in Delray Beach, as well as realty seminars at the Palm Beach Convention Center, The Hilton Hotel in Deerfield Beach, The Learning Center Seminar for Investors in San Francisco, California, The Holiday Inn in Miami for Dade County Realtors and The Boca Raton Investors Club; 3. Television ads to promote the local hotel presentation and newspaper ads in the Palm Beach Post, Sun-Sentinel in Broward, Miami Herald, the Wall Street Journal, New York Times, Los Angeles Times, San Francisco Chronicle, Chicago Tribune and the Boston Globe; 4. Large custom booths were set up for this project at the real estate convention in California and at the Coliseum Expo in New York City; and 5. Creation of a website and printing of brochures and mail-outs. Therefore, for these reasons, we respectfully request your support of each of these extensions. Our client has continuously acted in good faith to move this project forward. " The City has recently processed various extension requests for residential and mixed use projects that were approved in the past several years and have not been built due to the slow- down in the real state market. Given the fact that market forces are not directly under the control of individual developers, the City generally supports extension of approvals for projects that have some improvements on the site, but the 25% establishment standard has not been met. The applicant has initiated and concluded various tasks directly related to the project. A demolition and clearing permit was issued by the City on August 2, 2006, and an asbestos removal permit was issued on August 18, 2006. A plat is currently being processed for review by City Commission. All of this appears to indicate that the applicant has continued to work diligently and with good faith in its efforts to build the project. However, it appears to be an exaggeration to argue as a basis for the extension that Hurricane Wilma devastated the local 3 City Commission Documentation: Meeting of December 4, 2007 Atlantic Shores Conditional Use Extension Request infrastructure since the water, sewer, and road infrastructure was not directly affected other than debris that were promptly picked up by the City after the hurricane. Conversely, a weakening economy as a result of a "soft" real estate market is indeed a reasonable external circumstance that has hindered the construction of the development. Based on the down-turn in the real estate market, it is reasonable to grant the extension of the conditional use approval since this issue is beyond the control of the developer. The Site Plan Review and Appearance board (SPRAB) will consider the request for site plan extension if the conditional use extension is granted by the City Commission. The project has been approved under the initial design guidelines and there would appear to be no negative impacts to approving the extension. The Atlantic Shores project exceeds the minimum setback requirements instituted with the new design guidelines. However, this extension should be conditioned that the applicant has the site seeded and watered until the grass is established and the perimeter construction fence removed until construction is imminent. Pursuant to LDR Section 2.4.4(F)(1)(d), eighteen month extensions are allowed by code unless otherwise stated. The applicant has specifically requested a 24 months extension for the conditional use and site plan. Based upon the above, the extension request would be valid through January 3, 2010, as requested by the applicant. RECOMMENDATION Move approval of the request for an extension of the Conditional Use approval for Atlantic Shores, allowing a building height of 60' and a residential density of 41.30 dwelling units per acre by adopting the findings of fact and law contained in the staff report, and finding that the request, and approval thereof, meets criteria set forth in Section 2.4.4(F)(1) & (2) of the Land Development Regulations, with said approval to be valid until January 3, 2010, subject to the following condition: 1. That the applicant has the site seeded and watered until the grass is established and the perimeter construction fence removed until construction is imminent. Attachments: • Location Map • Extension Request Letter from Jason Mankoff dated July 13, 2007 • Planning and Zoning Board Staff Report Dated November 21, 2005 4 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA EXTENSION REQUEST FOR CONDITIONAL USE APPROVALS GRANTED TO ATLANTIC SHORES FOR HEIGHT AND DENSITY (THE EXTENSION REQUEST) ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. The above named conditional use extension request has come before the City Commission on December 4, 2007. 2. This conditional use extension request comports with the future land use element, is concurrent with the Comprehensive Plan and is consistent with the goals, policies and objectives of the City's Comprehensive Plan. 3. The applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the conditional use extension request for the Atlantic Shores Development. All of the evidence is a part of the record in this case. Required findings are made in accordance with LDR Section 2.4.4(F)(1) and (F)(2). 4. Section 2.4.4(F)(1) requires certain preliminary requirements to be met, such as: A written request submitted at least 45 days prior to the expiration date; The request must set forth the basis and reason for the extension; The request must be considered by the same body that granted the approval; The extension, if granted, shall be for a term of 18 months unless otherwise stated. Have the preliminary requirements of Section 2.4.4(F)(1) been met? Yes _ No _ 5. In making a determination under LDR Section 2.4.4(F)(2) the Commission shall consider the following regarding the diligence and good faith of the Developer: When the construction commenced; The extent to which construction has proceeded; The extent to which there has been a bonafide continuous effort to develop but because of circumstances beyond the control of the developer, it was not possible to meet the 25% standard. Has the Developer shown diligence and good faith to commence and complete construction of the project? Yes _ No 6. The comments and notes set forth in the staff report are hereby incorporated herein. 7. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the conditional use extension request was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan and Land Development Regulations. 8. 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. 9. Based on the entire record before it, the City Commission approves _ denies the conditional use extension request, subject to the condition(s) listed in Exhibit "A", attached hereto and incorporated herein, to allow the previous conditional use approval to be valid until January 3, 2010. The City Commission hereby adopts this Order this 4"' day of December, 2007, by a vote of _ in favor and opposed. Rita Ellis, Mayor ATTEST: Chevelle Nubin City Clerk 2 EXHIBIT "A" To the Atlantic Shores Conditional Use Extension Request Commission Order 1. That the applicant has the site seeded and watered until the grass is established and the perimeter construction fence removed until construction is imminent. 3 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: November 21, 2005 AGENDA ITEM: III. F. ITEM: Conditional Use Requests to Allow for a Residential Development with a Height in Excess of 48' (60'-0" Proposed) and to Allow for a Density in Excess of 30 Units Per Acre (41.3 du/ac Proposed) within the Central Business District (CBD), for the Atlantic Shores Project (Quasi-Judicial Hearing). GENERAL DATA: Owner/Applicant ............. Nate Hollander Agent ............................. Weiner & Aronson, P.A. Location ......................... West Side of SE 2nd Avenue, Approximately 80' South of SE 1s` Street (124,138,&158 SE 2"d Ave.) scHOOI Property Size ................. 0.85 Acres souARe . Future Land Use Map.... Commercial Core (CC) ^ r Current Zoning ............... Central Business District (CBD) Adjacent Zoning North: Central Business District (CBD) South: Central Business District (CBD) ~` East: Central Business District (CBD) West: Central Business District (CBD) Existing Land Use.......... Retail store and warehouse distribution facility. Proposed Land Use....... Multiple Family Residential L11J_LLJ Water Service ................ Available Via a service lateral connection to the existing 8" water main located within the SE 2nd Avenue right-of-way. Sewer Service ................ Available via a service lateral s.E connection to the existing eight inch (8") sanitary sewer main located within the adjacent alley to the west III. F. r .~I:3@k~ ~~ .~ ,': iy 42 do-:{~~~. , .:~,:.~. . ~ irz r E~,~v fi i `1t u3u u°~'ztd ~~~,3_ ~~yk The action before the Board is making a recommendation to the City Commission on the following requests for conditional use approval pursuant to Land Development Regulations (LDR) Section 2.4.5(E): ^ To allow an increase to a maximum height of 60' (60' proposed) [LDR Section 4.4.13(F)(1) pursuant to LDR Section 4.3.4(J) (4) (b)]; and ^ To allow a density exceeding 30 dwelling units per acre (41.30 du/ac proposed) in the Central Business District (CBD) [LDR Section 4.4.13(D) (14)]. The requests are in conjunction with Atlantic Shores, a proposed residential development located on west side of SE 2nd Avenue, approximately 80' south of SE 15' Street. lr~a:?.! .. .... '- ?,,,~ _:,, ~ ..,; . .: ~. kz ~ . i as ' The proposal involves a 0.85 acres site which includes: The south 7' of Lot 9, Lot 10 and the north 53' of lot 11, Block 78, Delray Beach (0.425 Acres); The south 23.5' feet of Lot 11, and Lot 12, less the south 23.5 feet of said Lot 12, Block 78, City of Delray Beach, formerly known as the Town of Linton (0.236 acres); and The south 23.5 feet of Lot 12, and the north 37 feet of Lot 13, Block 78, of Delray Beach. The property was the subject of a rezoning request earlier on tonight's agenda, and was recommended for approval to change the zoning district to CBD (Central Business District). Existing development on the properties includes aone-story 4,410 sq. ft. retail store building, built in 1962; a 5,508 sq. ft. warehouse distribution facility, built in 1959; and aone-story 1,440 sq. ft warehouse structure, built in 1961. All three structures are to be demolished with the development proposal. Conditional use applications have been submitted for an increase in building height up to 60' and an increase in density to 41.30 units per acre. These conditional use applications are now before the Board for consideration. The development proposal incorporates the following: ^ Construction of a five-story residential building with a 64-space parking garage on the ground floor; installation of 6 parallel parking spaces along 2"d Avenue; and residential dwelling units on the second, third, fourth and fifth levels (35 dwelling units in total); ^ Installation of swimming pool, deck, exercise room, library, club house, and restrooms located on the 2"d and 3`d floor of the building; ^ Installation of a loading area located to the west side of the property along the alley; ^ Installation of sidewalk pavers, bicycle parking facility, and associated landscaping. ~ 4 M ~ H ~~ ' r ~ , ~ ~ ... .. ~_ ..:.:.:. ..... ..._ s.. .... .. , .::~ ...i .: 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 Planning and Zoning Board Staff port: Meeting -November 21, 2005 Conditional Use Requests for Atla~,nc Shores minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These findings relate to the following four areas. FUTURE LAND USE MAP: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. The subject property has a Future Land Use Map (PLUM) designation of Commercial Core (CC) and a zoning designation of CBD has been recommended by staff, which are consistent with one another. Pursuant to LDR Section 4.4.13(D) (14), multiple-family dwelling units, excluding duplexes, are permitted through the conditional use approval process at a density greater than 30 units per acre on property located south of NE 2"' Street and north of SE 2nd Street, subject to the standards and limitations of LDR Section 4.4.13(1). As discussed later in this report, positive findings can be made with respect to the referenced performance standards; thus positive findings can be made with respect to PLUM consistency. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Drainage: Preliminary engineering and drainage plans were not submitted with the proposed development. It is thought that drainage could be accommodated via floor drains on the main level of the parking garage that should then drain to an exfiltration trench system. Therefore, 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 at the time of site plan approval. Based upon the above, positive findings with respect to this level of service standard can be made. Parks and Ooen Space: 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". A park impact fee is collected to offset any impacts that the project may have on the City's recreational facilities. Pursuant to LDR Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each unit. A total fee of $17,500.00 will be required of this development for parks and recreation purposes. Solid Waste: The proposed 35 dwelling units will generate a total of 18.2 tons of solid waste per year (35 units x 0.52 tons = 18.2 tons). The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals until the year 2024, thus a positive finding with respect to this level of service standard can be made. Streets and Traffic: The subject property is located within the City's Transportation Concurrency Exception Area (TCEA), which encompasses the CBD, CBD-RC, OSSHAD, and West Atlantic Avenue Business Corridor. The TCEA exempts the above-described areas from complying with the Palm Beach County Traffic Performance Standards Ordinance. Therefore, a traffic study is not required for concurrency purposes; however, a traffic statement is necessary to keep a record of trips approved in the TCEA and for calculation of traffic impact fees. A traffic statement was submitted for the generation of 39 AM peak hour trips and 45 PM peak hour trips. Water and Sewer: Water service is available via service lateral connections to an existing 8" water main within S.E. 2nd Avenue right-of-way. Two (2) fire hydrants presently exist on the west side of S.E. 2"d Avenue: one at the northeast side of the property and a second one on the southeast side of the site. Sewer service is available via service lateral connections to an existing 8" sanitary sewer main within the west alley right-of-way. 2 III.F. Planning and Zoning Board Staff port: Meeting -November 21, 2005 Conditional Use Requests for Atla~mc Shores Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Based upon the above, positive findings can be made with respect to this level of service standard. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in LDR Section 2.4.5(E) (5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies that are relevant to the Conditional Use applications are noted: Future Land Use Element Objective A-1: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed residential development. The development will be complimentary with the future surrounding residential and commercial developments (Miraflores, Bamboo North/South, and The Strand) and will provide a customer base for the businesses on a year-round basis, which in turn will provide economic stability and growth for the downtown area. In terms of fulfilling remaining land use needs, the Housing Element of the Comprehensive Plan states the following: °One of the most important objectives of the City's overall housing policy is the establishment of housing in the downtown area. In the years since adoption of the 1989 Comprehensive Plan the downtown has changed from a somewhat sleepy, seasonally oriented shopping district to a vibrant year-round retail, service, and entertainment area with an active nightlife. A critical missing element is a significant housing development. The City recognizes the importance of providing housing in close proximity to shopping, employment, and transportation, and the need to have a residential base to support the businesses in the downtown area" The proposed Atlantic Shores development will help to fulfill this stated land use need by providing 35 additional dwelling units to the downtown area in close proximity to shopping and place of work, and is therefore consistent with this policy. Future Land Use Element Objective C-4: The Central Business District (CBD) represents the essence of what is Delray Beach i.e. a "village like, community by the sea". The continued revitalization of the CBD is essential to achieving the overall theme of the City's Comprehensive Plan of "A City Set Apart to South Florida". The following policies and activities shall be pursued in the achievement of this objective: Policv C-4.1: The CBD zoning district regulations shall facilitate and encourage rehabilitation and revitalization and shall, at a minimum, address the following: ^ Deletion of inappropriate uses; ^ Incentives for locating retail on the ground floor with office and residential use on upper floors; ^ Accommodating parking needs through innovative actions; III.F. Planning and Zoning Board Staf( port: Meeting -November 21, 2005 Conditional Use Requests forAtla~~~ic Shores ^ Incentives for dinner theaters, playhouses, and other family oriented activities; ^ Allowing and facilitating outdoor cafes; ^ Incentives for mixed use development and rehabilitation; ^ Elimination of side yard setback requirements; and ^ Allow structural overhang encroachments into required yard areas. The development proposal will locate 35 residential dwelling units of various floor plans and sizes within the downtown area. The residents of these dwellings will be able to walk to shops, restaurants, cultural areas and parks. They will interact on a regular basis with storekeepers and employees, and their neighbors. They will get to know the downtown much more intimately than the majority of Delray residents. They will play a major role as participants in, and contributors to, the downtown area community. The Atlantic Shores development proposal is consistent with Future Land Use Element Policy C-4.1 as it will facilitate the continued rehabilitation and dynamic revitalization of the CBD zoning district. Transportation Element Policv A-1.3: The City endorses the continued operations of the Palm Tran Transit System and its operations in Delray Beach, and through policies of this Element related to the TCEA, will coordinate with Palm Tran to improve the system. Given the potential impacts the proposed residential development will have on the surrounding road network and the location of a Palm Tran bus stop at the southeast corner of SE 151 Avenue and SE 1s` Street (immediately to the northwest), it is appropriate that the development contribute toward the provision of a bus shelter at this location. Thus, it is attached as a condition of approval that a contribution of $7,500 (approximately half the cost of a shelter) is paid prior to certification of the site plan for the development. Subject to this condition of approval being addressed, the development will comply with Transportation Element Policy A- 1.3. Transportation Element Policv D-2.2: Bicycle parking and facilities shall be required on all new development and redevelopment. Particular emphasis is to be placed on development within the TCEA Area. The development proposal does accommodate a bicycle parking facility (i.e. bike rack) on site along S.E. 2nd Avenue. Therefore, the development complies with Transportation Element Policy D-2.2. Open Space and Recreation Element Policv A-3.1: Tot lots and recreation areas serving children from toddlers to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area and for infill projects having fewer than 25 units. This policy may be waived for projects in the downtown because the City recognizes that households located in the downtown are likely to have fewer children than those located in suburban settings. Further, land in the downtown is at a premium and it can be cost prohibitive to provide recreational features such as tennis courts, volleyball courts, etc. However, the proposed development does provide some recreational facilities to its residents, such as a swimming pool, deck, exercise room, library, club house, and restrooms located on the 2"d and 3`d floor of the building. Some of the recreational, cultural and open space opportunities located in proximity to the Atlantic Shores development include: Veteran's Park, which includes a large playground and recreational area; the Municipal Beach; the Osceola Park Currie Commons, which includes a baseball field and playground; the City's Tennis Center; and Old School Square Cultural Center. As playground areas are located close by (Veteran's Park and Osceola Park Currie Commons) and other facilities are available on site that can be utilized by children, such as the pool, the 4 III.F. Planning and Zoning Board Staff sort: Meeting -November 21, 2005 Conditional Use Requests for Atlantic Shores intent of this policy will be met. Based on the above, it is appropriate to partially waive (tot lot) this requirement to provide these services entirely on site. Housina 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. Policies, which will implement this objective, include: Housina Element Policv B-2.2: The development of new adult oriented communities within the City is discouraged. New housing developments shall be designed to accommodate households having a range of ages, especially families with children, and shall be required to provide three (3) and four (4) bedroom units and activity areas for children ranging from toddlers to teens. This requirement may be waived or modified for residential development located in the downtown area and for infill projects having fewer than 25 units. This development will not be restricted to occupancy by adults only. However, it is acknowledged that downtown dwellings are not typically occupied by families with children. The proposed development will primarily accommodate young and middle-age professionals. The development will provide a mix of efficiency (studio units), one (1 ), and two (2) bedroom units. As allowed by this policy, it is appropriate that there not be a requirement to provide three (3) and four (4) bedroom units and specific activity areas for children for those residential development located in the downtown area. Housina Objective A-12: To assist residents of the City in maintaining and enhancing their neighborhood environment, the City shall take steps to ensure that modifications in and around the neighborhood do not lead to its decline, such as those described in the following policies. Housina Policv A-12.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. As noted previously, the residents of this development will aid in the revitalization and economic stability of the downtown area. The introduction of additional residential dwelling units will increase safety of the area by introducing more night time activity and more "eyes on the street" as a deterrent to criminal behavior. Based upon the above, the development proposal will be consistent with Housing Policy A-12.3. REQUIRED FINDINGS RELATING TO INCREASE IN HEIGHT: Pursuant to LDR Section 4.3.4(K), the maximum height of structures in the CBD zoning district is 48'. Pursuant to LDR Section 4.3.4(J)(1), height is defined as the vertical distance from grade to the highest finished roof surface of a flat roof or to the mean level between eaves and ridge for gable, hip, or gambrel roofs. For buildings adjoining one street, the grade is established as the average of the mean elevation of the crown along the lot frontage. For buildings adjoining more than one street, the grade is established as the average of the mean elevation of the crown of the adjoining streets. The proposed building elevations indicate that the building will have an overall height of 60' based on the crown of the road. 5 III.F. Planning and Zoning Board Stay port: Meeting -November 21, 2005 Conditional Use Requests for Atla~~dc Shores Pursuant to LDR Section 4.3.4(J)(4)(b)(i)(9), an increase to a maximum height of 60' may be approved by the City Commission as a conditional use for property within the Central Core portion of the CBD (Central Business District), except for that portion within 150' of any zoning district which has a maximum height limit of 35', measured from the property line of the CBD zoned property. The City Commission may approve an increase in height to a maximum height of 60' based upon a finding of compliance with each of the enumerated criteria listed below. (ii) That the increase in height will not provide for, nor accommodate, an increase in the floor area (within the structure) beyond that which could be accommodated by development which adheres to a height limitation of 48', except for the following situations: (1) An increase in intensity is allowed when the increase from 48' to 60' is for the purpose of accommodating residential use on the top floor of the structure; however, the increase in intensity is only for the added residential use area. The increase in height is requested to accommodate residential uses on the top floor of the proposed building, thereby meeting this requirement. (2) An increase in intensity is allowed when there is a transfer of development rights pursuant to Section 4.8.20. The development proposal does not include a transfer of development rights. Therefore, this provision does not apply. (iii)That the increase in height is based on or will result in two, or more, of the following: (1) That workforce housing is provided within the development in a manner consistent with the provisions of Sections 4.7.5(a) and (d); The development proposal does not include a workforce housing component. Therefore, the increase in height cannot be based on the provision of workforce housing. (2) That 50% or greater of an area of the ground floor is devoted to parking and vehicular traffic circulation; The conceptual plan does not provide the floor area of the ground floor parking and vehicular traffic circulation areas. Based on measurements taken from the conceptual plan, the ground floor area of the parking garage and vehicular traffic circulation area of the building consists of approximately 90% of the gross ground floor area. Overall, the total area of the ground floor devoted to parking, exceeds 50% and meets this requirement. A condition of approval is attached that the site plan include the ground floor area calculations for parking and vehicular traffic. (3) That for each foot in height above 48', an additional building setback of two feet (2') is provided from the building setback lines which would be established fora 48' tall structure. The additional setback is required from all setback lines (i.e., front, side, and rear) for the portion of the building that extends above 48 feet. In lieu of this setback requirement, buildings in the CBD zone shall adhere to the setback requirements of that district. III.F. Planning and Zoning Board Staft port: Meeting -November 21, 2005 Conditional Use Requests forAtla~~uc Shores The development proposal does not provide the additional 2' setback for each foot in excess of 48'. In lieu of this requirement, the development proposal complies with the setbacks for the CBD (Central Business District). The following table identifies the setback requirements for the building and the setbacks provided by the proposed development: 'STANDARD Buildin Hei ht feet %Buildin Fronta Brain/max Setback feet Fi i h d G d t 25' 70% / 90% 5' min / 10' max n s e ra e o Remainin Len th 17' min / 22' max 25't 48' 50% max 17' min o Remainin Len th 29' min 48' and Above 100% 41' min PROPOSED Buildin Hei ht feet %Buildin Fronta a Setback feet SE 2n° Avenue SET° Avenue Fi i h d G d t 25' 85.3% 5' - 10' n s e ra e o Remainin Len th 20' 25't 48' 48% 19' o Remainin Len th 30' 48' and Above 100% 44'-6" & 62'-4" The table above indicates that the proposed development meets the requirements of the LDR for a height from finished grade to 25' feet, for a height from 25' feet to 48' feet, and for a height of 48' and above. (4) That a minimum of 50% of the ground floor building frontage consist of nonresidential uses (excluding parking). The development proposal does not include a nonresidential component in the building frontage. Therefore, the increase in height cannot be based on the provision of nonresidential uses. Summary: Based on the above analysis, the project can comply with two of the criteria, subject to compliance with the condition of approval that relates to provision of site data. Therefore, the proposed development is eligible for an increase in height, subject to compliance with the condition of approval (staff condition No. 4 on page 16). PERFORMANCE STANDARDS FOR DENSITY INCREASE: In addition to the Conditional Use request for an increase in height, the applicant is seeking an increase in density above 30 units per acre (41.30 units per acre). In order to grant the increase positive findings with respect to LDR Section 4.4.13(1) need to be made. LDR Section 4.4.13(1) -Performance Standards: These standards shall apply to all applications for new development and modification of existing developments which would result in a density greater than 30 dwelling units per acre. (f) The maximum permissible density of a particular project will be established through the conditional use process, based upon the degree to which the development complies with the performance standards of this section, the required findings of LDR Section 2.4.5(E) and other applicable standards of the Comprehensive Plan and Land III.F. Planning and Zoning Board Stafl port: Meeting -November 21, 2005 Conditional Use Requests forAtla~~~ic Shores Development Regulations. Notwithstanding the above, the approving body may deny an application for increased density where it is determined that the proposed project is not compatible in terms of building mass and intensity of use with surrounding development. The proposed development consists of 35 residential dwelling units on a 0.847 acres parcel of land, which results in a density of 41.3 dwelling units per acre. The development is located in the CBD zoning district, which allows the residential density to exceed 30 units per acre subject to conditional use approval. The analysis with respect to LDR Section 4.4.13(1) and other relevant section of the LDR is provided below. (2) The applicable performance standards for development under this section are as follows: (a) The development offers variation in design to add interest to the elevations and relief from the building mass. For example, the building setbacks or planes of the facade are offset and varied. In structures having more than two (2) stories, stepping back of the upper stories (third floor and above) is encouraged to decrease the perception of bulk. Building elevations incorporate several of the following elements: diversity in window and door shapes and locations; features such as balconies, arches, porches; and design elements such as shutters, window mullions, quoins, decorative tiles, or similar distinguishing features. The proposed architecture style includes various elements of Floribean influence such as shaped parapets, metal roofs, arched entrances, cable railing, decorative canopies, and bracket elements. As noted previously, the proposed development complies with the CBD setback requirements, which requires a stepping back from 5' for the ground floor to 41' for the fifth floor. The building has been designed to provide significant relief in the perception of mass by using a diversity of roof lines with a combination of hip roofs with shaped parapets at different height intervals. The various roof lines are well articulated by stepping back as much as 62'-4" from the front facade of the building. This contributes to a reduction in the perception of mass, provides a variation in design and adds significant visual interest to the elevations. In addition to the step backs and offsets provided, the architectural elevations of the structure also incorporate diversity in color, window and door shapes, multiple covered and uncovered balconies, Bahamas shutters, decorative aluminum grill/vents, decorative balcony railings, and exposed concrete overhangs. The rhythm and proportionality of the architectural treatments create an appealing presentation. Based upon the above, the development proposal will be consistent with this performance standard. (b) If the building includes a parking garage as an associated structure or within the principal building, the garage elevation provides unified design elements with the main building through the use of similar building materials and color, vertical and horizontal elements, and architectural style. The garage is designed in a manner that obscures parked vehicles except in places where unavoidable, such as entrances and exits. Development of a portion of the ground floor perimeter adjacent to street rights of way is devoted to window displays or floor area for active uses such as retail stores, personal and business service establishments, entertainment, offices, etc., is encouraged. The development proposal does incorporate a parking garage on the ground floor of the structure. The building materials utilized with the parking garage are architecturally consistent with materials utilized on the upper levels of the structure in terms of texture, color, and vertical and horizontal elements. Further, the architecture of the structure includes the parking garage on the ground floor, to the rear of the building with the 8 III.F. Planning and Zoning Board Staff port: Meeting -November 21, 2005 Conditional Use Requests forAtla~~nc Shores ingress/egress for the parking lot located both on the east side (S.E. 2"d Avenue) and on the west side (alleyway) of the building. The west side of the building reveals the parking area as part of the elevation with a unified architectural appearance. The parking garage elevation (west elevation) will consist of equally spaced openings separated by structural columns with a smooth stucco finish (painted) over C.M.U. and decorative aluminum grill/vents. The openings will be adequately landscape and will permit ventilation and natural light to enter into the parking garage. The proposed development is not located in a retail corridor and consequently the perimeter areas of the ground floor adjacent to street rights-of-way are not devoted to display windows and/or entrance to office/retail uses. Based upon the above, the intent of this performance standard has been achieved. (c) A number of different unit types, sizes and floor plans are available within the development. Two and three bedroom units are encouraged, as are a combination of multi-level units and flats. In projects consisting of more than twelve (12) dwelling units, the proportion of efficiency or studio type units may not exceed 25% of the total units. There is no maximum percentage established for projects having twelve (12) or fewer units, however, a mix of unit types and sizes is encouraged. The proposed development includes one, two, three, and four bedroom units as well as efficiencies. There are multilevel type units as well as flats. Living areas vary among units between 700 to over 2,500 square feet. Some units have terraces while others have balconies. There are eighteen different unit types in the thirty five units proposed. Based upon the above, the intent of this performance standard has been achieved. (d) The interiors of the dwelling units provide unique features and conveniences that distinguish them from standard multi-family projects and create an attractive living environment. Examples of some of the features that could be incorporated to meet this standard are: ceiling heights of nine feet (9') or greater; extensive use of natural lighting; panel doors throughout the interior; use of decorative molding for baseboard, door and window casings; wood or ceramic the flooring in all or a portion of the units; built in cabinetry and/or shelving; arched entryways or passageways; individual laundry facilities; special security features; or a combination of similar features and elements that meet the intent of this standard. The applicant has indicated that the development exhibits an overall unified architectural character and image by the use of common elements along the different parts of the project. Decorative light fixtures, the landscape promenade, and decorative pavers are some of the common elements that add character to the proposed development. In addition, the public pool deck is a focal point on the east side of the structure above the parking deck. The step backs, offsets, and balconies provided along the facades will allow large amounts of natural light via different window shapes, which include floor to ceiling windows in some locations. Also, individual laundry facilities will be provided as standard items. Based upon the above, the intent of this performance standard has been achieved. (e) The development provides common areas and/or amenities for residents such as swimming pools, exercise rooms, storage rooms or lockers, covered parking, gardens, courtyards or similar areas and/or amenities. 9 III.F. Planning and Zoning Board Staff port: Meeting -November 21, 2005 Conditional Use Requests forAtla~~dc Shores The development proposal provides for most of the above referenced amenities, such as a swimming pool, pool-side gardens, exercise room, library room, and covered parking. Based upon the above, the intent of this performance standard has been achieved. (f) The development promotes pedestrian movements by providing convenient access from the residential units to the public sidewalk system. Pedestrian areas adjacent to the building are enhanced by providing additional sidewalk area at the same level as the abutting public sidewalk. Accessways to parking areas are designed in a manner that minimizes conflicts between vehicles and pedestrians. The public street or streets immediately adjacent to the development are enhanced in a manner that is consistent with the streetscape in the downtown area (i.e., installation of landscape nodes, extension of existing paver block system, installation of approved street lighting, etc.). The proposed development is inherently a pedestrian friendly project. The townhouse type units, proposed along S.E. 2nd Avenue, encourage pedestrian activity along the street. The project proximity to Atlantic Avenue and Swinton Avenue will result in a pedestrian flow to the commercial, entertainment and cultural activities in the downtown area. The applicant has indicated that sidewalk areas around the project will be re-built thereby recreating the current pedestrian experience along the project edges. The applicant has also indicated that the project incorporates the extension of the existing paver block system in the downtown and the installation of approved street lighting and street furniture. The development proposal provides safe and efficient pedestrian movement with convenient access provided from the residential units to the existing public sidewalk system and parking areas. Pedestrian areas adjacent to the building have been enhanced by providing sidewalk areas at the same level as the abutting public sidewalk. Also, access to the parking lot has been designed in a manner that minimizes conflicts between vehicles and pedestrians. Landscape islands in the public right-of-ways, and brick paver sidewalks enhance the public streets adjacent to the proposed development. Based on the above, this performance standard has been met. (g) The development provides opportunities to share parking, accessways, driveways, etc., with adjoining properties, or provides additional parking spaces that may be used by the public. The development proposal will provide six (6) new parallel public parking spaces along SE 2"d Avenue that could be used by the public as an additional parking opportunity. Based upon the above, the intent of this performance standard has been achieved. (h) Projects fronting on Atlantic Avenue, NE 1" Street or SE 1" Street contain nonresidential uses on the ground floor. The nonresidential ground floor space has ceilings not less than ten feet (10') in height. At least 50% of the surface area of the front street wall(s) at the ground floor of each such building is devoted to display windows and to entrances to commercial uses from outside the building. The frontage of the subject property is along SE 2"d Avenue and thus, this performance standard is not applicable. Of the eight (8) performance standards outlined in LDR Section 4.4.13(1), the subject development proposal complies with seven (7) performance standards (a), (b), (c), (d), (e), (f), and (g). Performance standard (h) is not applicable. Given this level of achievement with the performance standards it is appropriate to grant the requested increase in density. 10 III.F. Planning and Zoning Board Staff port: Meeting -November 21, 2005 Conditional Use Requests for Atlas Inc Shores LDR SECTION 2.4.5(E) -REQUIRED FINDINGS: Pursuant to LDR Section 2.4.5(E) (5), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: (a) Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; (b) Hinder development or redevelopment of nearby properties. The following table identifies the zoning designations and uses that are adjacent to the subject property: Zonin Use: Norfh Central Business District-Railroad Corridor Food Processing Company (CBD-RC) South Central Business District-Railroad Corridor Warehouse/Distribution (CBD-RC) East Central Business District-Railroad Corridor Stores/Commercial/Retail (CBD-RC) West Central Business District CBD Future Site of Miraflores Develo ment COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: In conjunction with the Conditional Use request a sketch plan was submitted which staff has reviewed. It is noted that the conceptual plan is insufficient to conduct a complete analysis of the Land Development Regulations. If the Conditional Use is approved, a full site plan submittal complying with LDR Section 2.4.3 will be required. Based upon staff s review of the sketch plan and site inspections, the following analysis is provided. Building Setbacks: The setback table included in the Required Findings Relating to Increase in Height session of this report identifies the setback requirements for buildings located in the CBD District (other right-of-ways) and the setbacks provided by the proposed development. This table indicates that the proposal complies with LDR Section 4.4.13(F)(3) [Table 4.4.13-2] as it pertains to the Central Business District (CBD) zone district. Therefore, a finding of compliance with this criteria can be made. Parkins Requirements: Off-Street Parking: Pursuant to LDR Section 4.4.13(G) (1) (e), the parking requirements for one, two and greater bedroom dwelling units within amultiple-family structure located within the CBD are to be provided as follows: Efficienc dwellin unit 1.0 space/unit One bedroom dwellin unit 1.25 spaceslunit Two or more bedroom dwellin unit 1.75 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 11 III.F. Planning and Zoning Board Staff port: Meeting -November 21, 2005 Conditional Use Requests for Atla~~°c Shores Pursuant to LDR Section 4.6.9(C) (2) (d), guest parking spaces must be accessible to all visitors and guests. The development proposal consists of 35 residential dwelling units. Based upon the above, this requires 50 parking spaces for residents and 14 guest parking spaces for a total of 64 parking spaces provided. It is noted, that any future conversion of residential area to commercial/retail floor area or to restaurant will require the processing of a site plan modification which shall address any additional parking demand. Likewise, any current use of the proposed residential floor area along S.E. 2nd Avenue as office area will require additional parking spaces that are not currently being provided. Comaact Parking: Pursuant to LDR Section 4.6.9(C) (1) (g), up to 30% of the required parking for any use may be designated for compact cars. The development proposal includes twelve (12) compact parking spaces located within the proposed ground floor parking garage. This represents approximately 18.75% of the total spaces, thus meeting the requirement. 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 64 parking spaces required, the development needs to provide a minimum of two (2) handicap accessible parking space and three (3) handicap accessible parking spaces have been provided. Pursuant to LDR Section 4.6.5 and the Florida Accessibility Code for Building Construction, the height clearance of the handicap parking areas need to be nine and one-half feet (9.5') to allow the access of handicap vans. A note to this effect has been placed on the site plan, thus meeting this requirement. On-Street Parking: Although not counted toward meeting the parking requirements for the project, a total of six (6) public parallel parking spaces are being provided by the developer within the SE 2"d Avenue right-of-way. Although available to the general public, these spaces should help meet the short term parking requirements of residents and guests of the project. A maximum time limit of two (2) hours during the daytime should be imposed by the City to prevent long term parking. Lighting: A photometric plan consistent with the requirements of LDR Section 4.6.8 and light pole/fixture details has been submitted for the development proposal. Thus, this requirement has been met. Bicycle Parking: LDR Section 4.6.9(C) (1) (c) and Transportation Element Policy D-2.2 of the Comprehensive Plan recommend that a bicycle parking facility be provided. Such facility has been located along SE 2"d Avenue at the northeast side of the building and thus, this requirement has been met. Also, pursuant to Transportation Element A-1.3 of the Comprehensive Plan, the applicant shall provide a bus shelter contribution ($7,500) for the site which is attached as a condition of approval. Plat: A plat must be processed and recorded prior to issuance of a building permit; and this is attached as a condition of approval. 12 III.F. Planning and Zoning Board Staff port: Meeting -November 21, 2005 Conditional Use Requests for Atla~.°c Shores Minimum Residential Floor Area: The following table indicates that the proposal complies with LDR Section 4.3.4(K)[Minimum residential floor area]. There are 9 efficiency dwelling units that range in size from 725 square feet to 1,291 square feet; 10 one-bedroom dwelling units that range in size from 1,096 square feet to 1,175 square feet; 6two-bedroom dwelling units that range in size from 1,453 square feet to 2,342 square feet; 6-three bedroom dwelling units that range in size from 1,672 square feet to 2,130 square feet; and 4four-bedroom dwelling units that range in size from 1,978 square feet to 2,572 square feet. Based upon the above, this LDR requirement has been met. Vehicular Stacking Distance: Pursuant to LDR Section 4.6.9(D)(3)(c)(1), the minimum stacking distance for a parking area that has 51 or more parking spaces is 50'. The proposed 64-space parking area along the SE 2ntl Avenue does not provide the minimum stacking distance to the street right-of-way of SE 2"d Avenue. This will require a waiver during the site plan review process. The parking garage provides one access driveway along SE 2nd Avenue. The proposed stacking distance from the eastern access driveway to SE 2"d Avenue is approximately 44'. 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 triangle along S.E. 2"d Avenue has been depicted in the site plan. Thus, this requirement has been met. Right-of-Way Dedication: Pursuant to LDR Section 5.3.1 and the Transportation Element of the City's Comprehensive Plan, the ultimate right-of-way width for S.E. 2n° Avenue is 60' and only 50' of right-of-way currently exists. For existing streets, the City Engineer, upon a favorable recommendation from the Development Management Services Group (DSMG), may grant reductions in right-of-way widths. The applicant shall contact the City Engineer to establish whether dedication for the ultimate right-of-way width will be required on S.E. 2"d Avenue, which is attached as a condition of approval. Alley: Pursuant to LDR Section 5.3.1(D) (2), the required width of an alley is 20' or the existing dominant width. Further, pursuant to LDR Section 5.3.1 (D) (3), additional right-of-way width may be required to promote public safety and welfare; to provide for storm water management; to provide adequate area for street trees; and to ensure adequate access, circulation and parking in high intensity use areas. Such a determination shall be advanced by a recommendation from the City Engineer. The authority for requiring such additional right-of-way 13 III.F. Planning and Zoning Board Staff port: Meeting -November 21, 2005 Conditional Use Requests forAtla:~~ic Shores shall rest with the body having the approval authority of the associated development application. The existing alley right-of-way width is 16'. The development proposal will provide aloading-bay and garbage pick-up off the alley. The City Engineer and DSMG have determined that the width of the alley should be expanded to a width of 20', which is consistent with the widths provided with recent redevelopment proposals. Therefore, a dedication of two feet (2') from the subject property is required and has been depicted on the site plan. Thus, this requirement has been met. Refuse Enclosure: Pursuant to LDR Section 4.6.6(C) (1 ), dumpsters, recycling containers and similar service areas must be enclosed on three sides with vision obscuring gates on the fourth side, unless such areas are not visible from any adjacent public right-of-way. The development proposal includes a dumpster with overhead doors accessible from the abutting alley. The applicant has stated that maintenance personnel will transfer the trash to the dumpster. Accommodation for bins far recyclables has been provided. Street Imarovement Obligations: Pursuant to LDR Section 6.1.2(A) (2) (b), when a street or alley is located on a boundary of a project, the project is responsible for providing one-half of the current costs (in cash funds) of such improvements along its property line. The alley which abuts the west side of the subject property is un-improved at present. Therefore, based upon the above, the project is responsible for payment of one-half the costs of improvement of the alley which, is attached as a condition of approval. Architectural Standards: It is noted that pursuant to LDR Section 4.6.18(B)(14)(v), buildings subject to the Downtown Design Guidelines are required to provide a change in roof design, doors and window rhythm and articulation, and building materials or textures every 150' of building frontage. Minimum spacing between the same architectural compositions shall be 300'. Determination of compliance with this development regulation cannot be made at this time. With the submittal of a site plan application, the applicant will need to submit complete renderings and colored elevations. It is noted that the three volumetrical variations present on the east elevation (which have less than a 300' separation) could be considered to be sufficient to meet the separation in architectural¢compositions~ltrtequirement. 9~~ r~ ~.n.~.t ~ II ~! ` ~ t'~k dt5it.,I- a!Y' L 'k '~M .'. 4; R ~P~' jai ~...~ r r.:.~~L.. .: Community Redevelopment Agency: The Community Redevelopment Agency (CRA) reviewed the development proposal at its meeting of September 22, 2005. The Board recommended approval of the Conditional Use requests for Height & Density and Site Plan by a vote of 5-0. Downtown Development Authority: The Downtown Development Authority (DDA) reviewed the development proposal at its meeting of October 10, 2005. The Board recommended approval of the Conditional Use requests for Height & Density. 14 III.F. Planning and Zoning Board Staff port: Meeting -November 21, 2005 Conditional Use Requests for Atla~,ac Shores Site Plan Review and Appearance Board (SPRAB): If the conditional use requests are granted, a site plan application addressing the outstanding technical comments would need to be approved by the SPRAB. Final action on the site plan will rest with SPRAB. Courtesy Notices: Courtesy notices have been provided to the following homeowner's and/or civic associations which have requested notice of developments in their areas: ^ Bill Wood, Delray Beach Chamber of Commerce ^ Carolyn Zimmerman, President's Council ^ Gerry Franciosa, Progressive Residents of Delray (P.R.O.D.) ^ Gail-Lee McDermott, Osceola Park Public Notice: Formal public notice was provided to property owners within a 500' radius of the subject property prior to the Planning and Zoning Board meeting of November 21, 2005. Letters of support or objection, if any, will be presented at the Planning and Zoning Board meeting. . . _a.... __ ~ ~ ).... ~.;~ IIi:.F~ t k The proposed conditional uses are to allow for amixed-use structure having a height in excess of 48' (60'-0" is proposed) and to allow for a density in excess of 30 units per acre within the CBD (41.3 du/ac is proposed). As described in this staff report, the request for additional height meets with the criteria established in LDR Section 4.3.4(J) (4) (b), and the increase in density above 30 units per acre, is supportable as the project meets or exceeds the Performance Standards found in LDR Section 4.4.13(1). The provision of additional residential dwelling units within the downtown area will further the long term revitalization and stabilization of the CBD. The proposed use is consistent with the objectives and policies of the Comprehensive Plan and Chapter 3 of the LDRs. Positive findings can be made with respect to LDR Section 2.4.5(E) (5), regarding compatibility of the proposed development with the surrounding properties for the requested increases in building height and density. It is noted that pursuant to LDR Section 4.4.13(1) (1 ), despite the fact that compliance with the performance standards is possible subject to the attached conditions, the Board may deny the application for increased density if the Board does not agree that the proposed changes are compatible in terms of building mass and intensity of use with surrounding development. A. Continue with direction B. Move a recommendation of approval of the conditional use requests to allow for a building height in excess of 48' (60'-0") and a density in excess of 30 units per acre (41.3 du/ac) for Atlantic Shores, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E) (5), 4.3.4(J) (4) (b), 4.4.13(1), and Chapter 3 of the Land Development Regulations, subject to conditions. C. Move a recommendation of denial of the conditional use requests to allow for a building height in excess of 48' (60'-0") and a density in excess of 30 units per acre (41.3 du/ac) for Atlantic Shores, 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 15 III.F. Planning and Zoning Board Staff port: Meeting -November 21, 2005 Conditional Use Requests for Atli -•!c Shores criteria set forth in Sections 2.4.5(E) (5), 4.3.4(J) (4) (b), 4.4.13(1), and Chapter 3 of the Land Development Regulations. L By Separate Motions: ^ Move a recommendation of approval of the conditional use request to allow for a building height in excess of 48' (60'-0") for Atlantic Shores, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E) (5), 4.3.4(J) (4) (b), and Chapter 3 of the Land Development Regulations; ^ Move a recommendation of approval of the conditional use request to allow for a density in excess of 30 units per acre (41.3du/ac) for Atlantic Shores, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E) (5), 4.4.13(1), and Chapter 3 of the Land Development Regulations; With said approvals to be subject to the following conditions: 1. That the outstanding technical comments listed in Appendix "A" are addressed prior to site plan approval; 2. That a contribution of $7,500 (approximately half the cost of a shelter) is paid prior to certification of the site plan for the provision of a Palm Tran bus stop shelter; 3. That the project be responsible for payment of one-half the costs of improvement of the alley; 4. That the site plan data includes the ground floor area calculations for parking and vehicular traffic; 5. That a plat is processed and recorded prior to issuance of a building permit. 6. The applicant shall contact the City Engineer to establish whether dedication for the ultimate right-of-way width will be required on S.E. 2nd Avenue. Attachments: Appendix A° Location Map, Site Plan, Floor Plans, and Architectural Elevations Staff Report Prepared by: Estelio Breto, Senior Planner 16 III.F. Planning and Zoning Board Staf port: Meeting -November 21, 2005 Conditional Use Requests for Atla„cic Shores F . ~ !£ ... _a:.. ,_ .,.... ... .......... .~.,., ~. 1. Provide engineering plan prepared by a Florida registered professional engineer. Engineering plan is to be done on a survey base sheet. All existing facilities are to be delineated on the engineering plan. 2. Provide accurate site location map. 3. Health Department permits are required for this project. Provide copies of the water permit and sewer permit. 4. A SFWMD permit is required for this project. Provide copies of permit or a letter of exception. 5. Provide copy of certified boundary survey. 6. A plat will be required. No building permit will be issued until the plat is recorded. 7. Indicate existing elevations on existing roadway. 8. Indicate proposed finished floor and paving elevations and existing and proposed site grades. 9. Provide a typical cross section from building to adjacent right-of-way or adjacent property at all property lines. Pay particular attention to grade differential from proposed site to existing adjacent properties and show the existing grades on adjacent property. 10. Site is required to retain 5 year 1 hour storm (3.2") in addition to meeting water quality criteria (1"). Provide signed and sealed drainage calculations and indicate how storm water will be retained on site. 11. Provide certified exfiltration trench test results. 12. Show nearest existing drainage structures. 13. Indicate on engineering plans how the roof drainage is accommodated. 14. Provide paving cross section. 15. Clearly dimension driveway width. Maximum width of driveway is 24 feet. 16. Clearly indicate on plans the limits and types of all curbing. 17. Parking layout and striping need to follow City of Delray Beach standards. Provide standard City of Delray Beach parking stall detail. 18. Indicate stop bars and signs at egress drives as well as providing interior traffic control markings and signage. Clearly indicate onsite traffic control. 19. Clearly indicate limits of right of way and the center line of the road. 17 III.F. Planning and Zoning Board Staff port: Meeting -November 21, 2005 Conditional Use Requests for Atla,,uc Shores 20. Indicate sight distances at all ingress/egress points and all intersections. Sight triangles should be indicated on landscape plans. Provide copy of the approved landscape plans. Per section 4.6.14 of LDR's, any landscaping in the site triangle "shall provide unobstructed cross-visibility at a level between 3' and 6"'this includes tree trunks. 21. Show nearest existing fire hydrants and add any necessary hydrants per fire department requirements. 22. Provide note that water meter sizes are to be determined by the City of Delray Beach Utility Department upon building permit application and remove the size indicated on the engineering plans. 23. Indicate location of existing water service. A RPZ backflow preventor will be required on the water service. Provide standard city RPZ backflow preventor detail on plans. 24. Provide proposed water meter locations. 25. Engineer is to Feld verify location, size and depth of existing City of Delray Beach utilities prior to submitting Final Engineering Plans. 26. Provide on the plans current City of Delray Beach standard construction details as applicable. 27. All connections to existing water mains shall be made while the water main is under normal working pressure. If this cannot be accommodated, the design shall incorporate special provisions such as line-stops to minimize the impact on existing customers. 28. Indicate on plans the location of pigging wyes. 29. Provide on the detail sheet the City's standard Fill and Flush detail. 30. Proposed water main should be looped. 31. Minimum size of water main in City of Delray Beach is 8 inches. Material of proposed water main is to be Ductile Iron Pipe or C-900. 32. Provide double valves at connection points. 33. Indicate location of irrigation water meters (east of I-95 only). 34. Provide 12 foot water and sewer easements over water and sewer mains. 35. Indicate location of existing sewer service. A cleanout will be required on the sewer service at the right-of-way line and/or easement line. 36. Indicate typical configuration and location of proposed sewer services with cleanouts. 37. Indicate rim and invert of upstream and down stream manholes of proposed sewer laterals. 38. Provide all inverts of proposed sewer manholes. 39. Provide signed and sealed calculations indicating that existing lift station and force main which collects waste from proposed site has sufficient volumetric and pumping capacity; 18 III.F. Planning and Zoning Board Staff port: Meeting -November 21, 2005 Conditional Use Requests for Atla,.ac Shores contact Dan Beatty at 243-7295 for needed information. Also, confirm that downstream gravity sewer mains have sufficient capacity. 40. Provide signed and sealed calculations indicating that proposed lift station and force main have sufficient capacity. 41. Provide details on proposed lift station. See City of Delray Beach Standards. 42. Provide details of force main connection to existing manhole. 43. Provide note on both the Engineering Plans and the Landscape plans that there shall be no trees or shrubs placed within water, sewer or drainage easements. 44. Provide copy of approved Landscape plan. 45. Provide per LDR Section 2.4.3 (F) (4), a composite utility plan that show the location of all existing and proposed utilities (water, sewer, power, telephone, gas, cable, and drainage). The composite plan shall be signed by a representative of each utility provider attesting to the fact that services can be accommodated as shown on the composite utility plan. The composite plan shall address the responsibility for relocation of existing services and installation of new services. 46. A minimum 10' general utility easement is to be provided through the property 47. A certified engineer's estimate will be required for water and sewer improvements. A 110% surety and 2% engineering inspection fees will be required. A Financial Guarantee and Agreement for Completion of Required Improvements is required. This agreement can be obtained at www.mydelraybeach.com. For additional information see Section II of the City of Delray Beach Minimum Construction Standards. Prior to Certificate of Occupancy and the return of the 110% surety a 10% warranty surety will be required. 48. Provide a Pollution Prevention Plan. Prior to and during construction of all sites, the permitee shall implement and maintain all erosion and sediment control measures included in the required Pollution Prevention Plan. For projects over One (1) Acre in size provide a copy of FDEP Notice of Intent. 49. Provide a detailed description of how each of these comments has been addressed with next submittal, along with two sets of revised plans to the Engineering Department, 434 S. Swinton Avenue. 50. Additional comments may follow upon provision of requested information. 19 III.F. CITY i.i a z a ~ HALL 'a a m 1 N N.E. 1ST ~ ST. y O i N 3 c COMMUNITY w o Q CENTER ~ o ~ a Z TENNIS OLD i = STADIUM :~ SQUADRE ~z~ z z v A T ~ A N T I C A V E N U E D CO UNTY COURT HOUSE w 3 > ~" ¢ w > ¢ w ¢ ~ Q S.E. 1ST ST. FIDELIT ~ - z FEDERA Q N S BANK Z ij W w Uf ? N Q ~ ~f S. yd. 2ND ST. S.E. 2ND ST. ~o x ~^ r n < 3 ~ _ a 3 vi w 4 Z ~ w ~ O Q 3 ~n Z S, W, 3RD ST. - S.E. 3RD ST. ~ O MERRI TT N z PARK p m w w w o a ~ v; ~ ATLANTIC SHORES CITY OF OELRAY BEACH, FL PLANNING & ZONING DEPARTMENT -- O/CITAL 845E MAP SYSTEM -- MAP REFl LM882 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:jmankoff~zonelaw.com MICHAEL S. WEINER CAROLEJ.ARONSON August 13, 2007 Mr. Paul Dorling Director of Planning and Zoning City of Delray Beach 100 N.W. 1 st Avenue Delray Beach, Florida 33444 Re: Request for Extension for Atlantic Shores Our File No.: HOLN006 Dear Paul: RECEIVED ~1~ a 1 3 2007 PLANNING & ZONING JASON S. MANKOFF KERRY D. SAFIER SHAYNA M. REITMAN Via Hand Delivery Pursuant to Section 2.4.4(F) of the Land Development Regulations of the City of Delray Beach, Florida ("LDRs"), this letter is submitted on behalf of our client, Atlantic Shores of Delray Beach, as a written request to the City of Delray Beach ("City") for a two (2) year extension for the Conditional Use and Site Plan for the project known as Atlantic Shores. This request is being delivered as mandated more than forty-five (45) days prior to the expiration date of both approvals. As a courtesy, and not in limitation of further reasons or evidence to be presented at the appropriate hearings, we would like to enumerate some of the reasons why an extension for each of the two (2) entitlements should be granted. First, the impacts of the past two hurricane seasons, culminating in Hurricane Wilma and its devastation to the local infrastructure, have delayed the execution of this project. Among other things, the scarcity of building resources and professionals in the field has delayed the completion of plans and drawings. Nonetheless, the applicant has continued to remain diligent in its efforts and has continued to show good faith. The start of the project has also been delayed due to economic and market reasons. Numerous residential developments that received site plan approval in the last few years have experienced difficulties in proceeding with the construction phase due to market forces. As a result of this "soft" real estate market, the City has approved O:ViOLN006~Lettar to Paul Dorfing ra extension raquasfAug 73, 2007.dx Mr. Paul Dorling August 13, 2007 Page 2 of 2 numerous requests for extensions of site plan approvals. Therefore, it is reasonable to find that external circumstances have hindered the construction of the development. Despite the highly increased construction costs, increased housing costs and slow real estate market, our client is diligently moving forward to develop this project as evident from the submittal of the Plat as well as approved demolition and clearing permits, of which work has been completed. In fact, the City requested an expedited demolition of the existing structures, that our client addressed immediately. Our client also allowed the City of Delray Beach to conduct fire training drills on the property. Therefore, for these reasons, we respectfully request your support of each of these extensions. Our client has continuously acted in good faith to move this project forward. Enclosed please find two checks in total of Five Hundred Eighty Dollars ($580.00) made payable to the City of Delray Beach. Please let us know all respective dates that these extension requests will be heard and before which boards. Thank you very much for your consideration of the foregoing. Very truly yours, 'son S. Mankoff JSM:ek Enclosure cc: Mr. Nate Hollander (w/ encosure) Michael S. Weiner, Esquire (w/o enclosure) Ms. Ashlee L. Vargo (w/o enclosure) UWOtN006U.etter to Paul Dor6rg re extension requestAug t3, 2007.doc WEINER 8 ARONSON, P.A. ATTORNEYS AT LAW The Claris House 102 North Swinton Avenue Delray Beach, FL 33444 Telephone: (561) 265-2666 Telecopier: (561) 272-6831 E-mail: jmankoff@~onelaw.com MICHAEL S. WEINER CAROLEJ.ARONSON November 27, 2007 Mr. Estelio Breto, Senior Planner City of Delray Beach 100 N.W.1~ Avenue Delray Beach, Florida 33444 Re: Atlantic Shores Our File No.: HOLN006 Dear Estelio: D~~~pd~~ NOV 2 7 2007 f ~: ~__ .l PLArfn;IP,IC= & ZONING JASON S. MANKOFF KERRY D. SAFIER Via Hand Delivery You have requested additional information with respect to steps that have been taken to move the Atlantic Shores project forward. A great deal of time, money and effort has been spent on clearing the land and advertising and marketing this project inGuding but not limited to: Conducting blast a-mails to approximately eighty thousand (80,000) realtors throughout Florida and conducting "Voice Shot" phone calls to these brokers; 2. Several weekend presentations have been conducted at the Marriott in Delray Beach, as well as realty seminars at the Palm Beach Convention Center, The Hilton Hotel in Deerfield Beach, The Learning Center Seminar for Investors in San Francisco, California, The Holiday Inn in Miami for Dade County Realtors and The Boca Raton Investors Club; 3. Television ads to promote the I~al hotel presentation and newspaper ads in the Palm Beach Post, Sun-Sentinel in Broward, Miami Herald, the Wall Street Journal, New York Times, Los Angeles Times, San Francisco Chronicle, Chicago Tribune and the Boston Globe; 4. Large custom booths were set up for this project at the real estate convention in California and at the Coliseum Expo in New York City; and 5. Creation of a website and printing of brochures and mail-outs. Enclosed please find one of the brochures that has been circulated to thousands of realtors throughout Florida. O:WOLNOO6V..etter to Estelio Breta re marketing. Nov 27. 2007.doc Mr. Estelio Breto November 27, 2007 Page 2 of 2 Although the site plan has not yet been certified because this certification is pending plat approval, each of the conditions of the approval has been or will be met. If you should have any questions or need any further information, please contact me. Very truly yours, Jason S. Mankoff JSM: ek Enclosure Cc: Mr. Nate Hollander (w/o encosure) Mr. Peter Baronoff (w/o enclosure) Michael S. Weiner, Esq. (w/o enclosure) Ms. Ashlee L. Vargo (w/o enclosure) O:\HOLN006\Letter to Estelio Breto re marketing. Nov 27. 2007.doc MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~~ ROBERT A. BARCINSKI, ASSISTANT CITY MANAGER THROUGH: DAVID T. HARDEN, CITY MANAGER DATE: NOVEMBER 27, 2007 SUBJECT: AGENDA ITEM # -I • I' -REGULAR MEETING OF DECEMBER 4, 2007 CONSIDER BONUS PAYMENTS TO JCD SPORTS GROUP FOR FY06-07 ITEM BEFORE COMMISSION City Commission is being requested to consider bonus payments to JCD Sports Group for FY06-07. BACKGROUND As per our contracts with JCD Sports Group for golf and tennis operations, they could receive up to 15% of the annual base fee for meeting annual performance measures as approved by City Commission. Performance measures are weighted by points with 100 point total with the ability to receive an additional 25 bonus points for special projects such as hurricane clean up and other actions. Attached is the bonus payment request received from JCD Sports Group for FY06-07 with point totals they feel should be assigned for each performance measure in the following amounts: Delray Beach Golf Club $9,337.50 Lakeview Golf Club $2,868.75 Tennis Operations $3,795.00 However, based on actual results, I have come up with a different point total as indicated on the form and thus different bonus recommendations. I have recommended 22 bonus points for the Delray Beach Golf Course since the monthly Mystery Shopper average score was 90% and the comment card average for service was 4.6 of a possible 5. I recommended 20 bonus points for the Lakeview Course since the average Mystery Shopper score was 90% and recommended 16 bonus points for Tennis Operations since the monthly Mystery Shopper score was 85% and we did host a FED Cup TIE. Based on staff review and point assignments the bonus being recommended is: Delray Beach Golf Club $7,470.00 Lakeview Golf Club $3,404.00 Tennis Operations $3,174.00 U:\wwdata\Agenda\Agenda Item Consider Bonus Payment [o JCD Sports for FY06-07.doc FUNDING SOURCE Funding is available in account 445-4711-572-34.90 for Delray Beach Golf Club, 446-4711-572- 34.90 for the Lakeview Golf Club and 001-4215-575-34.90 and 001-4210-575-34.90 for Tennis Operations. Staff recommends approval of bonus payments to JCD Sports Group for golf and tennis operations per staff recommendation. U:\wwdeta4lgenda\Agenda Item Consider Bonus Payment to JCD Sports for FY06-07.doc Delray Beach Golf Club 2007 Performance Measures Proposed Possible Points Conduct a customer satisfaction survey for golf operations 15 and obtain an overall average rating of 4 or better on a 1 to 5 scale. Conduct a customer satisfaction survey for restaurant 15 operations and obtain an overall average rating of 4 or better on a 1 to 5 scale. Achieve a participation level of 2,750 in golf course 10 sponsored programs (min 2,250 -max 2,750) Achieve a budgeted amount of 85,000 rounds (min rounds 10 80,000 -max rounds 85,000) Achieve gross golf fees including Annual Permits of 15 $2,079,070 (min $1,979,070 -max $2,079,070) Achieve gross merchandise sales of $143,000 (min 10 $118,000 -max $143,000) Achieve gross restaurant sales of $1,257,000 (min 10 $1,157,000 -max $1,257,000) Maintain budgeted operating expenses below $3,065,340. 15 Total Points 100 Bonus Points, at the sole determination of the City, as a 2° result of performances by JCD Sports Group that exceeded contract expectations. Management Fee Possible 15% bonus Subtotal Bonus Point Amount Total Bonus Points Requested 10 10 6 0 5 6 3 10 50 0 Total Possible Points 125 50 $ 124,500.00 $ 18,675.00 $ 9,337.50 City Staff Results Recommends 3.9 0 3.9 0 2,547 6 78,359 0 $ 2,002,431 3 $ 130,364 6 $1,227,657 3 $ 3,071,455 0 18 22 40 $ 7,470.00 $ 7,470.00 U:1xldataVCD 2007 Proposed Performance Measures.xls Lakeview Golf Club 2007 Performance Measures Prnnnsert Possible Points City Staff Points Requested Results Recommends Conduct a customer satisfaction survey and obtain an overall average rating of 4 or better on a 1 to 5 scale. 30 30 4.1 30 Achieve a participation level of 2,000 in golf course sponsored programs (min 1,500 -max 2,000) 10 10 2,006 10 Achieve a level of 52,800 rounds (min rounds 47,800 -max rounds 52,800) 10 5 48,114 2 Achieve gross golf fees including playcards of $885,020 (min $835,020 -max $885,020) 15 0 $ 800,616 0 Achieve gross merchandise sales of $25,000 (min $20,000 -max $25,000) 10 10 $ 27,296 10 Achieve gross Food & Beverage sales of $30,000 (min $25,000 -max $30,000 10 5 $ 25 742 2 Maintain budgeted operating expenses below $621,300. 15 15 $ 602,459 15 Total Points 100 75 Bonus Points, at the sole determination of the City, as a result of performances 25 by JCD Sports Group that exceeded contract expectations. Total Possible Points 125 75 Management Fee Possible 15% bonus Subtotal Bonus Point Amount Total Bonus $ 25,500.00 $ 3,825.00 $ 2,868.75 69 20 89 $ 3,404.00 $ 3,404.00 U:bddataVCD 2007 Proposed Performance Measures.xts Delray Beach Tennis Center Delray Swim & Tennis Club 2007 Performance Measures Prnnnced Possible Points Points Requested Conduct a customer satisfaction survey and obtain an overall average 30 rating of 4 or better on a 1 to 5 scale. Achieve a level of 439 memberships (min 389 -max 439) 15 Achieve a level of 63,000 daily play counts (min 58,000 -max 63,000) 15 Maintain a level of 26,000 for program participation. Programs include: 10 Special Olympics, Parks & Recreation, Patrons, Lessons, Clinics, Leagues, Juniors, Seniors, and Special Events. (min 95%-max 105%) Achieve gross revenue for lessons of $250,000 (min $150,000 -max 15 $250,000) Achieve gross revenue for Leagues & Tournament of $30,000 (min 5 $25,000 -max $30,000) Achieve gross revenue for General Admissions of $80,000 (min 10 $70,000 -max $80,000) 20 5 0 5 15 5 5 Total Points 100 55 Bonus Points, at the sole determination of the City, as a result of 25 performances by JCD Sports Group that exceeded contract expectations Including obtainino a Davis Cup or Fed Cup event Management Fee Possible 15% bonus Subtotal Bonus Point Amount Total Bonus 0 Total Possible Points 125 55 $ 46,000.00 $ 6,900.00 $ 3,795.00 city staff ResulTs Recommends 3.7 0 399 3 57,516 0 97.50% 5 $347,918.00 15 $ 36,775.00 . 5 $ 71,719.00 2 30 16 46 $ 3,174.00 $ 3,174.00 U:~xldataVCD 2007 Proposed Pedorrnance Measures.xls MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill C. Pyburn, Assistant City Attorney THROUGH: Susan A. Ruby, City Attorney DATE: November 21, 2007 SUBJECT: AGENDA ITEM -REGULAR COMMISSION MEETING OF DECEMBER 4.2009 AUTHORIZ_A_.TION TO FILE COMPLAINT FOR INJUNCTIVE RELIEF ITEM BEFORE COMMISSION Authorization to file Complaint for Injunctive Relief. BACKGROUND Our office is seeking authorization to pursue a legal action against Lydia R. Smiley for injunctive relief for her failure to comply with Section 91.02(A) of our Code of Ordinances pertaining to keeping poultry on residential property when it is prohibited. She has been cited by Code Enforcement numerous times since October, 2006 and a lien has been filed on her property with fines still accnung and compliance has not yet been achieved. FUNDING SOURCE N/A RECOMMENDATION City Commission discretion. a ' "( MEMORANDUM TO: Mayor and City Commissioners FROM: City Manager ~ ~(ySiS'~^fi~' ` DATE: November 27, 2007 SUBJECT: AGENDA ITEM REGULAR COMMISSION MEETING OF DECEMBER 4 2007 APPOINTMENTS TO THE KIDS AND COPS COMMITTEE ITE BEFORE COMMISSION This item is before the Commission for appointments to the Kids and Cops Committee. BACKGROUND The terms for Ms. Jennifer Buce, Ms. Caroline Cassidy and Officer Francis Moschette on the Kids and Cops Committee expired on November 30, 2007. Ms. Buce and Mr. Moschette serve in the category of "At Large Representatives" and would like to be considered for reappointment. Ms. Cassidy serves in the category of "Citizen at Large" and would like to be considered for reappointment. The terms aze for two (2) years ending November 30, 2009. The Kids and Cops Committee was established as an advisory boazd to the City Commission in May, 1994 with the adoption of Ordinance No. 20-94 and is being revised by Ordinance 56-07 to clazify the composition of the committee. Its primary goal is to strengthen the relationship between the local youth of our community and members of the Delray Beach Police Department through various programs and activities. It is composed of representatives from the City's Police and Parks and Recreation Departments, as well as, representatives from the Delray Beach public schools. The membership also includes "At Large Representatives" which provides the opportunity for interested residents to participate in the program. The City Commission directly appoints members to fill the "Citizen at Lazge" and "At Large Representative" categories. The other appointments aze made by the vazious groups involved and presented to the Commission for ratification. 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 with the exception of Ms. Cazoline Cassidy who has a code violation regazding watering on an improper day. The case history report is attached for your review. Voter registration verification was completed and all are registered. qN Based on the rotation system, the appointments will be made by Mayor Ellis (Seat #5), Commissioner Eliopoulos (Seat #1) and Commissioner Fetzer (Seat #2) for two individuals to serve in the category of "At Lazge Representatives" and one individual to serve in the category of "Citizen at Large" for two (2) year terms ending November 30, 2009. RECOMMENDATION Recommend appointment of three (3) regulaz members to the Kids and Cops Committee to serve two (2) yeaz terms ending November 30, 2009. 11/07 ffiDS AND COPS TERM EXPIRES REGULAR MEMBERS ORGANIZATION REPRESENTED VacanT Atlantic High Vacant Atlantic High (student) 11/30/2007 William J. Fay, Jr. (Principal) Banyan Creek Ratified U2/U7/UG Ratified 11/07/07 11/30/2007 Yvonne Odom Cazver Middle Radfiea oz/07/06 PBC School District Ratified 11/07/07 11/30/2007 Cheryl McKeever Crosspointe Elementary Unexp Appt U9/06/O6 Ratified 11/17/U6 Ratified 11/07/07 11/30/2007 Paul DeDomenico Village Academy Ratified 11/07/07 Vacant Pine Grove Elementary 11/30/2007 Shirley Santiago Plumosa Elementary Uneap Appt 09/06/06 Ratified 1/2/07 Ratified 11/7/U7 11/30/2007 Marx Benn S.D. Spady Elementary Unexp App[09/06/06 Ratified 11/17/06 Rari6ed 11/U7/07 11/30/2007 Cory Cassidy Citizen at Large Ratified 02/07/06 Ratified 11/07/(17 11/30/2007 Danielle Beardsley Parks and Recreation Ratified 02/07/06 Ratified 11/07/07 11/30/2007 JefExey Messer, Chair Police Department Orig Appt 1997 Ratified 02/07/U6 Ratified 11/U7/07 11/30/2007 Edwazd Smith Police Depaztment Ratified U2/07/06 Ratified 11/07/07 11/30/2007 Jennifer Buce, Vice Chair At Lazge Representative Org Appt 04/97 Reappt 02/07/06 Radfled 11/07/07 11/30/2007 Francis Moschette At Large Representative Reappt 02/07/U6 Ratfied 11/07/07 Contact: Jeff b(esser - 243-7841 S/City Clerk/Aoazd 07/Kids & Cops KIDS AND COPS COMMITTEE EXHIBIT "A" Jennifer Buce (Incumbent) Cory Cassidy (Incumbent) Ellen Major-Hanna Officer Francis Moschette (Incumbent) Phyllis Willingham .~ ; w .w C7 ~ E W i q i o ~~ .m ~m ~a ~o ~F ~~ ~E W i ~w a~ ~ w i z~ ~ F~ zd~ z. 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Last Name: Name M. L. 2 Home Address: ~ GtY State Zt'p Co 3. Legal Residence: City State Zip3 Code 4. paneipal Business Address: Ci Snte Zip Code 5. Home Phone: Business Phone: >iMail Address: Cell Phone: gax; 6. Are you a registered voter? If so, where are you registered? es 7. What Boud(s) ue youinceresced in serviag? Please list in order of prefcrmce: 8. List all'City' Bo d on which }'o ue eurrrntly serving or have previously served: (Please include dates) 9. Educational qualificarions: I~~dS 10.-List any related professional cetti5cations and licenses which you hold: 11. Give your pr cnt, or most ecent employer, and position: 12 Desmbe ezpcriences,.skills or knowledge which qualify you to serve oa this bond: (Please attach a brief resume) I hereby certify tluc all the above entemrnts are true, and I agree and understand that any misantemcnt of material fins con cd in this application may cause forfeiture upoa my part oCany appointment I may receive. SIGNA 1tE j a~ y l D DATE Note: T'hls annlirorinn ..,:11 ~ .. AI_ :_ s _ ~:~_ ~~. -- -rr-----• ~-- ---••-••• ~-• ..•.. L= .u~ ..=.y went s vmce rot a pmod of 2 years from the dart it was submitted. It will be dtc applicant's responsibility to ensure that a current application is on file. a~atratasvo~aounuutnu DELRAY BEACH ft ~ C ~ 1 ~~ JAN 1 ~ 2006 ~' '~ - CITY OF DELRAY BEAT ~,~~~~ I I ® .BOARD MEMBER APPLICATION 7993 2001 I'}Ca5[ typt Oi DrlIlt the followlnv infnrmeein... I. Last Name: -- - - - M.L. i~S t ~ Name r~ } 2 Home Addre _ ~u 3. Legal Residrnce: City Stau Zip Codc rv~ 4. Prindpal Business Addmss: Gry Stau Zip Codc YY\ _ 5. Home Phone:. usiness Phone: Pintail Address: Cell Phone: paX; '©l O ~ Z15~ ~c70 6. Are you a registered voter? If so, whczc are you registered? 7. What Bou s are o interest ~ P cast list in o er o rc c: - a t ~~ ~ Ci /~ 8. list all Ci -Boards on whit you are V ~ sf or have p a~ srn (Please include dates) "e-` ~rvutQ ~UcJ v`aC.. L 9. F.ducationa] qualifications: 10. List any related professional cerrificarions and licenses which you hold: 11. Give Xour pre or most recent employer, aad sirio 12 Describe experiences, skills or knowledge which qualify you to save on this board: (Please attach a brief resume) I hereby comfy that all the above statements are tntq and I agree and undastattd that any rnisatatement of material facts ' ed-iR-this application may Huse forfdture upon my pan oEany appointment I may meive. SIGNATU .DATE Note: This ap licarion will ~ th ,%'~~°~ ~~~ p zcmatn on e m e Gry Clerk s Office for a penod of 2 years from the dart it was subrnittcd. It will be the applicant's responsibility to eastuc that a current application is on file. s'tarrasacunuivwrucwra»+ DELRAY BEACH ~ n ~ D A~-AmulpCity fQ` ~' ~ ~ CITY OF DELRAY BEACH _ N 0 ~ X001 I ~ BOARD MEMBER APPLICATION~+~v~/ R1~C 1993 - Cy~~3 2001 / / / Please type or print [he following information: 1. Last Name: (Y(~ ~ First Name~~ r `~ \ ~ L -N hL I. 2. Home Address: 5 $ C7 t~ c~ City -f~ of c~ /~ er-.1~ State Zip Code 3 3 4 S ` 3. Legal Residence: :~Q M~- City State Zip Code 4. Principal Business Address: S ~ f~ City State Zip Gode 5- ppHome Phon(~e: G S r~ ~ ' ~ Zd `LJ ~ Business Phone: E-Riail Address: ~'- r}.c.J a; ~iC~c- ~ ~. Cell Phone: S fC < _ 3~vz Pas: _ ~ C`c C ~ _.~ '~ 6. Date of Buth Ate you a registered c-otec' IE so, where are I'ou registered? 8. ~C'hat Board(s) are you in terrsted in serving? Please list in order of preference: :d 9. Lisc all Cin• Boards on which you are currendy serving or have preciously served: (Please include daces) lo. Educational quaff Fcations~ ~6 __ l~ ~ I1. List any related professional certifications and licenses wlvch you hold: 12. Give couz present, or most recent employer, and position: Li. Describe ecperieuces, stalls or knowledge which quaLfy }•ou to serve on this board: tTlease att2ch x brief resumel S C~ o C ~ ~ r=c'-.~ .I~-~_ ~ 0.l`'Z-. r r' ~ S C.C .-.~ ~ Cti ~.k./~ 4.-._ n s- o,~ k ~ ~ r,.: t ~~ ~~ r~ 1,~.;: w..r;5- ~ ~ ~ P4s ; TJ I->-~~.~~ ~ ~~ I hereby certify that all the above statements are u2te, and asree and understand that any tnisstaternent of material faces containers application mapmac ca re upon my parr of any xppoinhnentdI may receive. ~r., l Y /~ ~ / t7 ~ - SIGI~A7URE ~ D~TL- Note: This application yvill remain on file in the Cite 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. ~ELRAY QEACH N~ ~~ ~~ _ II iooi PAN i '~ 2©~6 CITY OF DELRAY BE~C~ ~~„~~~` BOARD MEMBER APPLIC~~TION Please tVDG Or Drillt the fnllnarinn i..Fn.~...e«.,... ~,~~o~ 1. Last Name:. -- - ----- d SC',y ~ ~ ~ Name ~2A../e, s M.I: ~ 2. Home Address: ~~ ~ W. ~ l9n ~7 c, ff Gt-. City ~e/ ~ Snte~ Zi Code p 3. Legal Residence: City State bYy Zip Codc S 4. Principal Business Address: City State 7~p Code S~_ -~ S. Home Phone: Business Phone: 1rMai1 Address: Cell Phone: gam; So/, 213-7Pao . o,~! F./~ - .-- re you a registered cots? C S If so, where are you registered? 7. What Board(s) are you interested in serving? Please list in order of preference: 8. list all City Boards on a=hich you tie eunmdy serving or have previously srned: (Plast include dates) ~~~~ .vim Cells ~d.~n-i, ~{P~ 9. F.ducarional qualifications: ~ .Qre 10. List any rdatcd professional eerdHcarions and licenses which you hold: (Jt e t_ 11. Give your present, or most recent employer, and position: 12 Desedbe ezperiences,. or i'cnatvledge which qualify you to carve on this board: (Please attach a baef resume) I hereby certify that all the above sntemena are true, and I agree and uadasrand that any misstatement of taatcmal facts contained in this applicati y n e forfature ttpon ttty part of any appointment I may rtteive. / /~ /~ f ATUR E DATE Nere: '[yis a lication will fil pp remaut on e m the Gty 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 eurreat application is on 51e. _ s~an'aaavo~atr.~rruunow tsruur arnt.tt ~~I '~ 1993 .2001 CITY OF DELRAY ~G~~~ ~~ BEAC~ pPR ~~ 1001 BOARD MEMBER APPLICATION G~~RK G,~~ Pease type or print the following infrrrmarin~• H~q/ - - 1. Ias Nam • . e •i kL L ~ ~ 2 Home ddress: ~ Ciry State Zip Code ~~ L 3 3. 1:egal Residence: Ci State Zip Code s ~`~ ~ ~ ~ a F~ ~~ 4. Prindpal Business Address: City State Zip Code 14 ©O i : ~ %~u: ~ef /3 ~~ ~3 ~ S. Home Phone: usiness Phone: E-Mail Address: Celt Phone: Fax: f- -2 a 5 - 37 os~ y .O. Date'tsf Birth 7. Ate you a. registered voter? , If so, where aze youregistered? _3-S Yes-PBc 8. _ What Board(s), are you interested in serving? Please list in order o deference: , E i ~ So rr~. - , - . , : '. ~ ~ ' 'ids o~md 4ti s T'Ae~ .. ' _ 9. List all City Boazds on~wltrch ys)~t:~~y;cunendy se4ding or have previously served: (Please in.. Jude dates) . 10. Fducadonal qualifiradons:' 11. list any related roEessioital ce ficadons and licenses wltic on hold: 12 Give your present, or most recent employer, and position: S-I~~le F L - De 1- o Educrz-I~ n - 1J7 v o V '~i or]GZ~ e, `) ~1 13. Describe expeuences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) ~ L ; ~ Ca et ` -Nam ec~ I hereby certify that all the above statetnents are true, and I agree and understand that any misstacement of material Each ~ contained in this ap don may cause forfeiture upon my patt of any appointment I may receive. ~ ~ S ro ~ ~SIGNA"['UitE DATE - ~I cJ tvoce: t ms appucanon wtll cemaut on file in the Ciry Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility co ensure that a current application is on file. PHYI.LIS WII.LINGAAM_ Z14 SW 5 .Avenue Residence:- 5.61_71fifi153 behay Beach, FL 33444 Email: PEWillingham(aaol.com OBdECTLYE Counseling Coach or position extending my academic background for my Master's of Science degree. BACK_OROIIND 4iiMMARy Detailed-oriented, Records Management Professional with extensive experience in the Workers' Compensation industry. Diversified leader with the proven ability to access, evaluate, and make decisions pertaining to records retention and storage. Hands-on recordkceping knowledge apd experience in developing and implementing scanning and imaging system in Records and Information department. Actively coached and developed staff with a proven ability to transfer job knowledge and skills to all levels. Wrote and published departmental procedure manual. Cun'ently in the process of transitioning professional careerpath to Counseling/Psychology. EBO.EESSI.OPIAL ~XPEBIENCI'~ DIVISION of VOCATIONAL REHABILITATION, Delray Beach, FL 2005 -Present YacatianaLRehabrlitahan L'aunseLar • Counsel mentaVphysical impaired individuals to provide vocational rehabilitation services • Interview and evaluate mentaUphysical impaired applicants • Confer with medical and professional personnel to detemune type and degree of impairment, eligibility for services, and feasibility of vocational rehabilitation • Accept or recommend acceptance of suitable applicant • betennine suitable job or business consistent with applicant's desires, aptitudes, and physical, mental, and emotional limitations • Plan and arrange for applicant to study or train for job • Assist applicant withpersonal adjustment throughout rehabilitation process • Aid applicant in obtaining medical and social services during training and afterplacement NCCI, Boca Raton, FL 1987 - 2004 (National Council on Compensation Insurance Holding, Inc.) ~dminisrcative~sristantll • Administrator for electronic off-site storage system • Managed and published information/news articles as requested using online news service • Provided research and analysis to seven corporate lawyers • Prepared and maintained weekly departmental reports • Responsible forprogram administration of the records retention schedules K-MART CORPORATION, Delray Beach, FL 1981-1986 Layaway Clerk Leader • Supervised and evaluated apart-time staff of four • Processed Account Payable/Receivable • Processed customer orders using electronic layawaypaymentplan • Successfully resolved customer problems and complaints SOUTHERN BELL, Delray Beach, FL 1978 -1981 Long Dislance Operator • Answered inbound calls and responded to inquiries • Interfaced with external customers and provided quality service • Assisted customers withplacing national and intema6onal, long distance calls .PROJECT RESCUE, Delray Beach, FL 1975 -1978 CnunselarAide • Mentored and counseled at-risk youths ages 11 to 15 • Referred youths to community agencies • Modified behavioral problems in school, community, and home • Documented home visits. EDIICATLON Master of Science Degree in Counseling Psychology .Courses include Foundations of Counseling. Skills, Behavioral Reseazch, Individual Human Development, General Counsel Theories and Techniques, Group Theories and Practice, Substance Abuse, Treatment Planning, Diagnosis, Appraisal, Assessment and Testing, and Psychopathology, Marriage "Theory and Techniques, Counseling Internship L Palm Beach Atlantic University -West Palm Beach, FL Bachelor of Science in Organizational Management with a Concentration in Human Resources Palm Beach Atlantic University -West Palm Beach, FL Graduated.cum laude.. SKILLS MS Word Accounts Payable Ami Pro MS_Exced_ Accounts Receivable Adstar MS Outlook Data Entry Lotus Office a Suites MS PowerPoint Alpha/Numeric Filing Word Perfect Internet- Email_ Eactiva. MEMORANDUM TO: MAYOR AND CITY FROM: CITY MANAGER ~~ DATE: NOVEMBER 30, 2007 SUBJECT: APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY ITEM BEFORE COMMISSION This item is before the Commission for appointment to the Downtown Development Authority. 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 hex principal place of business in the City, and shall not be serving as a City officer or employee. There is a requirement that at least four 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 or of a lessee thereof so required to pay taxes thereon. Currently serving on the Downtown Development Authority and meeting ownership and tax payment quahficadons axe Mr. Louis Carbone, Mx. Herman Stevens, Mr. Fran Marincola and Mr. 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 Commissioner Ehopoulos (Seat #1) for one (1) regular member to serve an unexpired term ending July 1, 2008. Recommend appointment of one (1) regular member to the Downtown Development Authority to serve an unexpired term ending July 1, 2008. DOWNTOWN DEVELOPMENT AUTHORITY (DDA) 64 SE 5ei Avenue Delray Beach, FL 33483 10/07 TERM REGULAR MEMBERS EXPIRES 07/01 /2008 David Beale *Tax qualification Unexp Appt 03/01/05 Rea tOG/21/05 07/01/2008 Louis J. Carbone, Chair *Tax qualification Unexp Appt 3/G/Ol Reapp[06/18/02 Rea tOG/21/05 07/01 /2009 Fran Marincola, Vice Chair *Tax qualification Appt OG/ZO/OG 07/01/2008 Unexp Appt Vacant 07/01/2009 David Cook Unexp Appt 05/15/07 07/01/2008 Nancy Stewart Unexp Appt 07/11/06 07/01/2010 Herman Stevens, Board Secretary *Tax qualificadon Appt O6/22/04 Reappt 06/ 19/07 t.ontact person: Selma Kleinman 279-1380 X-15 Fax 278-0555 Membership increased to 7 members on 07/01/99 5/City Cicrk/Board 07/UDA Commission Liaison: Mayor Rita Ellis DOWNTOWN DEVELOPMENT AUTHORITY EXHIBIT ~A" Shannon Dawson Mazk Denkler (currently serving on the Pazking Management Advisory Boazd) Mauta Dersh-Wissekerke Jane Fields Diane Franco John Hart James Houck Kenneth Kaltman (currently serving on the Nuisance Abatement Boazd) Pearl Mazkfield Ekod Eileen Mazks (currently serving on the Nuisance Abatement Boaxd) Kenneth Peltzie Thomas Stanley UG'G VJ U/ VJG 10N ~~~: ~~c ~- e~ ~ IQ I3~` 1 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 DO1G /OUOOV p.c i ~~~~ ~G~ ~ ~l Louis, this letter is my resid ation as board member and treasure of the Delray Beach DDA effective the above date. ~~ C/'I~ I"~c~% LGLRfI 1 Dl. f'1 1. ll fl l'IDGR Rich McGloin DELRAY BEACH CITY OF DELRAY B ~~ '~ EACH I I BOARD MEMBER APPLICATION 1993 2001 Please type or print the following infomtation: ,~~ cFi C~~, ~G1 ~~ ~~O Yc p> <F9~ ~'~~09 1. Last Name: QuJS Name .S 11C~nntxl M. I. f, 2. Home Address: 01 SE 't F~lcnuc. Ci~` ~~~ State e 3. Legal Residence: City State Zip Code X27 N. St..>,n-1~ /ac~evu..e_ petro,,.a {~jcach, ~- 3~W~ 4. Principal Business Address: City State Zip Code 1'130 S. Ftdera\ 1ku~y X311 Dclro~..~ $azcF~ FL ~ffi 5. H me Phone Business Phone: E-Mail Address: Cell Phone: Fax: eLmcas+:.,e-I- `~`~"729-oi35 57p1-52to-loc,? 6. Are you a registered voter? ~ If so, where aze you re ' tered? ' ~ 7 7 1 a1 ehCoun}~ - PrternCt 7 7. What Boazd(s) aze you interested in serving? Please list in order of preference: d P 2~~ tad E'Pigtp,ric t'~r~Strva-h'orl ~oo~r!d. '~a+xl.~W~L. lam. ~c.loprxxn'I- ~v-~- or~'~-~ List all City Boazds on which you aze currently serving or have previously served: (Please include dates) 9. Educational qualifications: c ~ Sctert rcC i ~ t 10. List any related professional certifications and licenses which you hold FS~~ . i -` ~ } 1 ~SOf'l" 4Y~q ~GOvtc~ 1-K~+'YJ.-"TS 1 L Give your present, or most recent employer and position: , ~ I E l enc. 'R Es o~ancr ~ •, G25tinCtti~rt5 = Ease lusivc'-i- opc~hieS a~~ ert"f"' 12. Describe experiences, skills or knowledge which qualify you to serve on this boazd: (Please attac h a beef zesume) r ~ ~ O KCi. T. I hereby certify that all the above statements aze true, and I agree and understand that any misstatement of material facts cozt~e~ in this applieatisZn may cause forfeiture upon my part of any appointment I may receive. ~J _ I \l ., _ 1 _ ~ ~ _ .NATURE t~~zo~~ DATE Note: This application will remain on file in the Crty Clerk's Office for a period of 2 years from the date it was submitted. It wiii be the applicant's responsibility to ensure that a current application is on file. c~:f!YCLERK~9!1A P.DUPPLN:P.TION Shannon Dawson Residence: 450 N. Swinton Avenue, Delray Beach Business: 1730 S. Federal highway #311, Delray Beach ShannonDawson~Comcastnet Ph. (954) 729-0135 Fax (561) 526-1067 Summary of H~n~ Realtor Qualifications' Continuous research of local, state wide, and national zeal estate market fiends. . Helping clients arLieve their real estate investment goals & objectives based on budget, timeframe, lifestyle, financial goals and investment portfolio. Studying various aspects of teal estate law on a continual basis. . Extensive expeuence handling client negotiations and assisting clients with real estate transactions. . Assisting outof--state clients with the purchase and management of vacation properties throughout Palm Beach County. . Skilled at learning new concepts quickly, working well under pressure, and communicating ideas effectively. . Extensive computer training, intemet research and marketing. Enthusiastic Delray Beach resident with strongcommunity spirid Licenses: Real Estate Saks Associate 2004 State o!Florida, Deportment ojBurinerr and Projerriouo! Regulation. Certifications: Resort and Second Home Mazket Specialist ~~ iFREC /Florida Rea! Estate Commlrrioa Education B.S. Degree in Biology ~ 2001 Florida Atlantic Unrversit}; Bata Raton, FL Graduated Magna cum laude with 3.7 G.P.A_ Florida Atlantic University Medical ScLolazs Program University olMiami Sc6oo/ olMediaioe, Completed one remerter ojMcdica! Scboal ar an Undergraduatt oia Sate)/ire. Career History & Accomplishments Real Estate Investment Specialist, Eut Team Realty. • 2004 "Rookie of the Year" Award- Achieved over j10,000,000.00 in real estate sales in first pear • `Top Sales Associate" Award- 2005 First Quarter (out of 400 associates) • 2005 Floada "Rising Star" Award for outstanding performance and career potential (out of 10,000+ associates Vacation Property and Management Specialist, Regenry Real Estate Services • Assisting out-of-state clients avith the purchase of vacation propemes is Palm Beach County • Mazketing and management of exdustve vacation~roperties Memberships & Affifiaoions National Assnri~t+~++ of Realtors . Florida Assocation of Realtors . Realtor Assocation of Greater Fort Lauderdale Realtoc Association of the Palm Beaches 2001 2004-2006 2006-2007 OELRAY BEACH 1 I ~o I 1993 2007 ~~ j CITY OF DELRAY BEACH ~~~~~~~~ BOARD MEMBER APPLICATION DEC ~ 1 1005 Please type or print the following information: ~~~~~ ~~ 1. Last Name: (~ ~n ~~ L Name A^ ~~ 1", M. I~ 2. Home Address:,, ~~ ~^ Sr Zd 3. Legal Residence: Skr, a ~~ City Sta~treL State Zip Code 33''1'{ Zip Code 4. Principal Business Address: City State 5. Home Phone: Business Phone: E-Mail Address: Cell Phoae: Fax: Z'bs-'~TiS 27b-LS2U Zip Code 6. Are you a registered voter? ~ If so, where aze you registered?~ L 7. What Boazd(s) aze you interested in serving? Please list in order of preference: C",1 ~OIYF~n c R. List all City oazds on which you e currently sere or have previous y served: (Please include dates 9. Epducationarl qualifications: 9 ' F"' ~' n ~ ~Lt 10. List any related professional certifications and licenses which you hold: 11. Give our presenft, or most recent employe/r',~and position: ~fi C ~ 1 n Pr ~ n c. L.itn 11 ~ e 12. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) 1'~< .~P ~f D/rr ~ 2nrg. S ~ t, ~r -Yrir ' ns'}" e ,n, e ~.+arl pp P../x Dc`1u S vg~.~eS4 vrvneS So ~ ,.uwl*d UrC l~ ~D I hereby certify that all the above statements are tme, and I agree and understand t any missta ement of material Ea s con ed in application may cause forfeiture upon my part of any appointment I may receive. In~IL~n~ GNATLJRE 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 applicants responsibility to ensure that a current application is on file. srnvcuxx~eoa2owrvucwnoH MARK DENKLER 320 N.W. 9Tn 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 DE1RnY QEACH 7671 Dale Post-it" Fax Note T~~ ~ i~p~ ~I„~ From All-Nrerlca City Ci'~ OF ril~-its (_//~I/ BOARD ME P'""'~° ~I ~~°~ Pn,.~~~ 'D FazY [~2/,,1-~~~3T.']~ Faxk 199:3 `1V J -K~ 2001 Please typ2 OC pr1t1C Che fallotvinQ in fprmation: ~~ ~Y -~-E 3~~7~r9 I. Last Name: dERS1I-wI SuEFERKE Name -- - - - MdllL3 T1• I. - .7 2. HojjIIttc Adylr ss: ~ 34 $E /L~l AVr Apt N11 City r101L3y BLa(.h State 1'L 1p < ode ~74~ 3. legal Rcsidcncr. Same City State '7.ip C:odc 4. Priucipal Eiusuiess Address: Gallo Architects & Development Company 1311 Newport Center Ur, W Ciq~ DLerfield Beach State F1 Zip Cnde 33642 5. Hume 1'hnne: 561-27R. 8999 13usincss Phone: -954.794.0300 L--Mail Address: Maurajw@aol.com Cell Phunc. 954. 461.ti623 Fax: 954.794.0301 C,. Date of Eiirth 2 Aprll 60 7. Arc you a mgistcred vote? if m, where arc you rct*istered? yep $. VG9rat Boacd(s) arc you interested in scn»ng? Pl case list in order of pre.fcrcncc: Planning ~ Zoning, Downrow+t Development Authority conetruc[ion bd of Appeals T.ist all Ciry Boards on wlvch yon ate currently serving or have previously served: (Please include daces) Hretorrc Pre~ervat nn Boar -7006 ? 10. F.<luca+ional 9u.9ifications: Hac o aer of Architecture 1'1. )..isc any related pcofcssiotLil certificarious and licenses which you hold: 13. Give our pccscnt, oc most recent employer, and position: allo Architacc~ & Development Comp, 1311 Newport Cenidr DR Dcerf field Eeach Project Manager 13. Dcserihe caperieuce.c, skills or lmomledGe which yuali Fy you to serve on dus board: (Please :+ttach a hcief resume) I have been in aspects of Archit2¢ure for over 20yrs. I have lived and or workefl in Delray site ( Zoning codes I hereby ectdty that all the above seacemenrs arc tore, and I agree and understand that any +nissraccmcnt of material fans crnlraincd in chin :+~ipliyi1u n may use forfeimrr upon my part of any appninnncnc 1 may m<civc. t ~ 2 ~e t'1t~1~ 1 a ~ SIGNATURE cj ~ ~ ~ UATY Note: This application will remain on file u~ the City Clerk's Office for a period o} 2 years from the date is a~as subuutted. Le will be the applicant's r~sponsibiliry to ensure chat a cuaenc applic+tinn is nn tile. DELRAY BEACH ~~~~~~~~ ~ CITY OF DELRAY BEACH MAV t n 2007 I ~ I,' BOARD MEMBER APPLICATION~~~[`f ~~-~'~~ 1993 2001 ~~D j~ Please twe or print the followine information: / 1. Last Name: ~, Nam M 2. Home Address: ~ Sta~ Zi 3 odes ) 3. Legal sidence: City State Zip Code 4. Princi al Business Address: City State Zip Code 5. Home Phone: Business Phone: E-Mail Address: ~ Cell Phone: I 4 51 Fax: Zy3~O8 7 I 101-2`}3-ZaS~j 2cao5@, a~eo.W CI~S ~ ao 7522.. S - v 6. Date of Birth 7. Are you a registered voter. If so, where are you registered? Io .q • lob- Yes ~e~ir ~eaG~, ~L $. What Board(s) are you interested in sere ? Ple se li t in order of Preference: 9. List all Ciry Boards on which you are currently serving or have previously served: (Please include dates) t0. Educational qualifications: ir.4. ~Lt~ s d( IJUV / S A'ISO I 'E tua.-c~ s ~~A d ree i,~, b~s~~Y•ess . 11. List an fated profes Tonal certifications and li enses which you hold: Se+tito~ t~q «~^ C w1- WKQ~ ctvn,~ µ'~j wv~F (3oston M/`t and TLtrrtev Ou~uor lttlJC/-h5 (A'`fi4*~t, U~ : W , , t ss ownevs, n~a' nq exec t~e5, n..~ v s, Gts P~v o~li,~l w,ar~.e~ W nS ~I>'Si inC e. n t' 'I'~~/ 12. ive your p went, or most rece ~t employer, and position: C,o -(~(~q,i,r uryt, .$~p0~ wt`PCyW~ i~CpS' P see ' i _ V• P, ~~ P-TR wi- F4t•ros{.,+~w S'r~-itrka.-i,oha ~ cl+oo 1, TQ. a,n. ~ Mew.~]w5hi co i~22 (New Mew.le 'a tlnt tF3 rl in it z u w 13. De+cnbe experiences, skills or knowledge which qualify ou to erve on this boa -ease attach a bn~f te~sume) M t M X I ~, r as r as R c n°t, ~4 4x~.(~i!_f~ >A~SeN u~. fMP, ~ ~ ,~eer work shetas S l~•~ve,a s oMse_ s~ N.r.cl~ of i+ arp tes. ~t. a-dQ,~-4:vw, vk vo ~~ Ce v ~~ 6t succeU « ~ l`~ ff5 ~v f`~ Py~P~~ lifer r~ka.ret( ~ ` - r~ ' en f material fac s hata~nu sstat e m I hereby certify th t all the above statements are true, and gree and understand t co aired m this a hcation ay cause forfeiture upon my Part of any appointment I may receive. C~ r 5- 7-07 t ~I slc [tE Dn re Nom: This application will remain on file in the City Clerk's Othce for a penod of "L years from the date tt was submitted It will be the applicant's responsibility to ensure that a current application is on file. >~ .d; ~±,i.:h:..l,., 2 ,~ .< ~, aht o4- `Yke A.r~. ° v~ i cC5-~" L Qf' ~ SfloeQ, . . ISpecu/ro lne xews) Hosf Leslie Geller, shown let( with chairs Michelle Kelman and Jane Fields of fhe recent annual Auction Underwriters' Party. Parents salsa,. samba to raise $40,000 txomsrntraeroxrs eighth graders. 7M1re Salsa, Samba, Tango and Underwriters' Party Co-chairs morn are not on your average Michelle Kelman of Baca Raton workday schedule. and Jane Fields of Delray Beach But theq Unity School parents were thrilled with the outcome. xre not your average parents. And "You couldn't have asked for a so, parents were nominated and better time orabelrergroup. of par- voted upon to became dre "Dane- enis;' said Kelman. She and tier frig with the Uniry Stars" winners, husband Dc Chad Kelman have to serve as heel kickin' entertain- two sons and a daughter at Unity ' merit at a recent annual Auction School: Lucas, Benjamin andAl- '~ Underwriters; Party. exa Once~Jlievotes were lallic+~ the - -- Uniry School Headmistress Ma wr mfhg• dancers were:. Dr. Jacgw ties Barber resounded how [he fes MbPo"ju Maloney of Delray Beach, five event enabled more than 150 Winston S(iuttoCBora Rama,.4lma. devoted and loyal Uniry'8chool '. Frankel of Highland Beach, and paentr to enjoy themselves fully Uniry thud-grade teacher Mehssa while supporting the school's wor- Urquhart Uty cause. These victors spent hours prac- "We have the Finest parents and tlcingwith professionaldancersfor supporters who also know haw to wreks M perfect the routine, then have a gnat time. The tellers re- pedoimed live during the Under- ally throw a fantastic party;' said writers' Parry at the home of feslie Barber, who has served as head of ~I and Paul Getlec the preparatory school for more In the end, the high stePPrri than 22 years. "The end result winners and the generosity of the is our students will benefit From tellers helped to raise $40,000 to the generosity and suppon~From benehtthestudentso(Unity School the Undenmter's Parry and our.. }Ends-Erom1}ieeventShel su on P PP ' -'" "` upcoming Ahhual Auction`" The the student body, including its ace- auction is setfor March24, chaired demia, the ens, band and music, byJanet Goldman o(Delray.-Beach. . and athletic programs. Fields added, "Many volunteers In addition to the dance contest, and staff members coniri6utrA to alive auctionwas held to offer class making this nio~rtatmly-success- projectshand-crahedwirh love and. fur Fundraiser. Many pamnts-do-:•~ care by the 400 students. Vener- oared--Iherr tune and'goods to help -, able AuUioneer Neil Saffer,tumed m'ake,the event a 6i&"sumess " the auction into entertainment, as Unity Schmhhas served students ~. parents-acquired a host of piecrs aged 2ahrou~r EipJrth'Grade hum ;~. includutg hand-painted bongo Delray Beach, Boynton Beaet!;Boca `-, dorms, an ornate fountaiq and Raton, Palm Beach, Manalapan a colorfirf photo-adapmA artwork and sunounding commuMia for Urat included me likwess of all 42 years. It offers aWee-Wisdom ~. Montessori Preschool and tradi- tionaVprogressive Elementary apd Middle Schools: Wee-Wisdom Mon- tessori, the Florida Kindergarten Council and-the Florida Council of Independ2nt5chools sanction it DELRAY BEACH ii ~ r I~ 1993 200, CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Qp~ Please tune or print the following information: ,* ?~'t 1 ~ Z®®6 , ~~ ~~~ 1. Last Name: ~ n •/ C ~ l7 Name ~ /~ ~ / I 2. H~ome3ddress~ ( n ,J ~' CLE RB;ec~~ C/~' City ~ ~~~ ~~~R'A State -L ~~C~~ 3. Legal Residence: City State Zip Code 4. Prindpal Business Address: ~a~s ~.~~Ani>+,c ~U~- City LL/~~1~ ~~Fi~l~ State ~l Zip Code 3.3yyS 5. Home Phone: s~~~~a~a~~~ Business Phone: s6,~a~a-yiv~ E-Mail ddress: ~~ Cell Phone: ~~i~~~a~~r~ Fag: ~.7~~~1i 6. Are you a registered voter? 1^ If so, here areyou registered? L~S NOGG P/,'tC/NC'l -L~''1MANLEG CA/f¢jL~~ 7. What Boazd(s) are you interested in serving? Please Gst in order of preference: e C A C,V:< ER ,CE ~vcvn/ F/~Lo ~ /~~ ~4'u'~V~,Q" 8. List all City Boatds on which you are currently serving of have previously s/e~ved: (Please include dates 'EN-D,$' DF ~cLJe/a -' (//NcE' ~OLC C7'~~2• 9. Educational qualifications: ' ,GN Sc ooi. GAF~~A%r - ~os'~ ,Pfl~~~%~' S%~oi~s : TiPANS /~c~.C'!.D ~i i~ar sC/'~oo l ~~. ~ -,vNa(~A ~ 0~5 /~'.~ i4ivc~.i~ ~ 1 /Y,AaSN~' aG1y0oU 10. List any related professional certifications and licenses which you hold: A, 11. Give your present, or most recent employer, and position: r/LO s~~co ~ Tt' LLG 12. Describe experiences, skills or knowledge which quaFify you to serve on this board: (Please attach a bneE resume) ~C /3 I~ <`'l' I hereby certify that all the above statements aze true, and I agree and understand that any misstatement of material facts co eed in this application may cause forfeiture upon my part of any appointment I ~m/a~y receiveC.~ ,,, / SIGNATURE DA'L'E h~2 Gh T~ Note: "Phis 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. scrrrc~xioaonxn~neeucnnoN 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. During 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 makket, acquiring, developing and presently manage several residenflal and commercial projects in the City of Delray Beach. r rani rri.-. iii i. _~r.-._~;-r~~~.~ .n.u i. it-~ _~titt, r1`,: ilr,F'I'1 F'_ OEIRAY AUCH _ ~'~~~~~ I I ~~ CITY OF DELRAY BEACH GEwED i `°~ BOARD M~M6ER APPL[CAT,,`` 2pp6 7993 'U \` 1 ~ C" 2007 G Please c o[ Point the Eollowinl; inEorutation_ ~J`~~ G~v L Istet Nante: ~ ' _-T__-----~----- ----- Nanac ~' L, / --_ M. I. / 2. Home Address: ~ City _ State 7.t Code 3. l:cpal Residence: ~~~._ City Stare. Zip Giilc 4. PriacipaLBusiuess Addrus: Gry State Zip Cod< S. Home Phone: Business Phone: F-Mail Address: Cell Phony Pax: G. Arc ynu ;. rcgisteLCd xotcd If so, where ;u•e y9u re stere 1 ~. f~R~ ~.-,~ ty ~S 'er / , e . _T_.____ __ -_._ 7- What Boazd(s) a[c ou interes ted in serningl Pleare hsr in. oalcr of p[efc.rcna•: _ - rV(TJ~~~, ----___. ____...._._~___----._- .--......._----.. l~"Lt1"r ~' 8- List nll (jity Boazds on which you are currently serving ur hzve. p[cviuusly served: (Plczsc. indudc. cLtas~ U (SL/EGr!'~I~/"Wf1~' ~ ~_(f (/C~71~'1~'~ ~ S~~-'C.ci~ ~'vr'f C/-~-V 9. rdu oral 9tt,(liGi allot ~.~.Ge-(,e-~s ~~~~ _ - ~ ..~ ~i~..~~~rv,~-u~ -- l/GS ~ 1.0. List any related professional ceni(icarion and hccnses aduch you hold: 11. CGi~,~ your present, or tnost recent employ,er-r~and pu idon ~ L/L s 'n C ~ 1 e l`G ~ d ~ ~ '~-c-~ 7T~ G. - if . -- ~/r 2 c ~ - ._-- . -_._y._-_--. -- _ ___ ----- 12. L)cscubc cxpcucnces, shills of knowl ed ge which yualily yoo ro serve oa this 1 ~oatrl: (Ple-.nst atrxch a bcicf ecsumc) \ n S-CG- ~ T- S v" YL f- ~_ _ I I e e fi [all. i}~e alu>vc sa tcmcnts ace uuq turd I agree and tu~dersrttu7 that any miss ratemcn~ of material Eacts c nt pli/carinn'niay cruse. (~~rfci(orc upon my peer of any appoiuauuu I ti~r}'/[~eccive. ` G/ .. 7 ~ 7~ ~ DX~_ _.__-._ _. S A1'UEt}E DATN. ' ~:~ _ _ 1 Noce: T1»s application will remtitt uu file in the City (_ le[k's (_)Eficc fur a pc[iod of 2 ycus front thechttr- ir. was sul>mittcd. It will he the applicant's responsihility to easuie that a curtcuc applirrtiun is on file. S~41YC1UR1~On v~Nnwat :a flJN' NOr-14-03 11:56AM FROM1-MARKS CORPORATE OFFICE 5613956820 T-769 P.03/03 F-T25 JOHN N. HART 220 NW ll" St., Deltay Beach, FL. 33444 Phone-361-278-0304 E-mail thehartPam ®aolcom SUMMARY To follow a career path in the hospitality industry that continually poses challenges that require ma Yo utilize all of my expertise to solve problems, maintain operational control and maximize the bottom line. PROFESSIONAL EXPERIENCE December 98-pres. Genera! Manager/Direuor ojOperations/Chiejaperating Ojfrcer, Murk's RestauranU- Florida I was recruitod from NYC in `9S to spearhead a $2_S million dollar restaurant renovation and expansion project for James Beard Award Winning Chef Mark Militallo in Mizner Park, Boca Raton. Primary responsibilities included working with architects, designers and contractors. Creating and implementing all FOH and BOH operational and training guidelines, hiring, overseaittg all purchasing, negotiating in house contractual agreements, maintaining cosh and analyzing monrhly P&L's_ In February of 2000 I was appointed to Director of FOH Operadons. 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 Beach and made an equity partner. In April of 2001 I was promoted to my currant position of Chief Operating Officer. My primary responsibilities havo included liaison to the parmals, overseeing all FOH and $OH 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 General Manager, Remi Rrstauraat -NYC My position brou~tt me 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 ca[ering/bsnquet services end a %2 million dollar a year "to go" operation. September 93-December 97 Beverage DlrectaNAssistant Manager, Darrel & pliver's East Ciry Grill-Fe Lauderdale Designed the bar from pre-construction and operated the beverage deparunant for one of Ft. Lauderdale's top restaurants. My department in its first year ganerxted QO% of the Boss revenue for the restaurant. Created and maintained an award winning wine list and specialty drinl; menu. Organized, marketed and executed a series of successful wine dinners. Directly responsible for all beverage purchasing, inventories and controls. Lectured staff weekly on wine snd spiriu. Interned as kitchen roundsmen in summer of `96. August 94-September 9S Assistant Beverage Manager, Mark's Restauranr-Ft. Lauderdale dat~~ly bartopz ations a one ofd Lauderdale~slmoyt prestigious restautanc,.~u0ng, cost conttols and CONSULTING PROJECTS On site residential, hotel and restaurant work that primarily {ceased on troubleshooting cost canters, functional design layouts and menu development- +Details provided upon request EDUCATION Bachelor of Arts, Political Science-University of California, Sans Barbara-graduated with honors 1992 Guild of Sommeliers-Certificate Courses-1997 *Additiona! prior experience, special interests and references provided upon request. uti onx nrA~n _ ~~~ ~D ~( U ~+~ ~ ~- ~ s ~_ . ~, I I'® CITY OF DELRAY BEACH _ `~ ` BOARD MEMBER APPLICATIQ~ 2 a 2ao~ "1993 :.. 2001 t :{`, ~ ti t_~ ?` Please type or print the following informatiotL 1. Last Name: j ~ ~ ~ -{' Name ~ M I_ 2. Home Address: ~ ~ ~ r ~ ~ City ~ ~ ~, Stag L ~' Zi Code 3. Legal Residence: ~ ~ ~ City State Zip Code 4. PtincipalBusiness Address: City State Zip Code 5. Home Phone: ~~t~.~©c~~ Business Phone: ~ Addees ~ ~~ OIC~TJ' L°- t3ta*~D~ ~8^~ Cell Phone: Fax: 6. Ate you a registered vote[? If so, wthere aze you registeted> t ~ `-C,PP G-~-~~ b~ 7. What Boazd(s) axe ou interested in serving? Pease - in order of pref ence: 2</ ~o ~~ ~ ~ L ~ ~~ ~'~ fJP~ ~6'C~ ~ Rs~ ~ 7D ~ 0`~L 8. list all City Boazds on which you aze currendy serving or have previously served: (Please include dates) C ~ r~ S --~~~ i ~-~ (e aJ 6~- ~~~ 9. Educational qualifications: ~~ ~ ~ ~ ~ ~' ~ ^v~ t0. List any related professional certifications and licenses which you hold ~ S o~ ~~ ~D ~1~~ ~~ ~~ ~r~ S~-I~ 11. Give your present, or most recent employer, and position 12 Describe eapeaenus, skills of knowledge which uaGEy you to serve on this boazdd (PL e attach a brie esume) Cam( 1 ' - ~ C-~. ~~E3 C~ I hereby cer e a o statements are tme, and I agree and understand fhat any misstatement of matetial facts contain m this appli n cause forfeiture upon my part of any appointment I malty receive. __ .N ATf TR .. _~ ~ Note: T1us application will remain on file in the City Clerk's Office Eor a period of 2 yeazs from the date it was submitted. It will be the applicant's responsibility to ensuie that a current application is on file. ~- /~ ~~~~ //2~ suxrrcu!rtK~aonnnueeucwnort i ..n / ZI / APR.-25-2L ER 65:Et6F FRf_ll°I: JIM+U JAMES HOUCK ST. CHARLES MFG. CO. 561 _Ir,~cF r`_, 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 Aoent -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 P.s 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 2004 -Present EDUCATION 1984-1986 Board Construction Appeals (Vice- Chairman 1969 - 2007 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. Delray Beach, FL CONTINUING EDUCATION CLASSES Real Estate Broker & Community Association Manager & Mortgage Broker UNIVERSITY OF CALIFORNIA Los Angeles, CA. Property Management, Marketing, Finance & Appraisal & Business T0: 2=7? ; ~ 4 1969 -1974 UNIVERSITY OF ARIZONA Tucson, AZ Bachelor of Architecture AF'F.'-c~-cfJt7; [i9: C6F' FF'OM:.TII.1+D EMAIL - jdhouck5l@yahoo.com ~51865~E.3r, JAMES HOUCK PROFESSIONAL HISTORY 1 of 2 T(_l: c~"fi4 r'. 2 PHONE/FAX - (561) 865-2636 An experienced Manager with an interrelated background in Architecture (5 years) (Building Design & Site Planning); Computer Proficiency (20 years) Excel, Word; Sales, Construction (5 years); Corporate Business -Management, Sales, Marketing); Proaerty 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. PROFESSIONAL HISTORY 1992 - 2006 LANG MANAGEMENT COMPANY Boca Raton, FL On-site managed a 460 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 (2) 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 operatiur~~ 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 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. FkC.~P4 (P1i:~P1;afF '00 11:45,/'iT.ll:l!!GL•.f~IJln ~{ii; f _ V7%:J%U7 MUI'~ U9: UU t'!Ll 581243) 7i4 CIIT CLERK X004 DELRnY BEnCH R~~,Fd\/ED ~ I ~ ~ CITY OF DELRAY BEAGNppR2 3 2007 ' ~ BOARD MEMBER APPLICATION e` 1993 ~`~ ` v~-E~" 2007 ~/~a3 Please type orprinr the followm{~ information: I. 1•asr Name: - ~~~-'Trn~-•J 2. Home Address- 1 Zy ~- ~A N S~L~~C.~ 3. Legal Residence: S f}~ -~ Name r~ Ne-rt C'ty ~C u ~RA~~L Gty Stare ~- $uu NL I. "~ Z~3 e 'Lip Code 4. Principal Btuiness Address= _ _ ass rJC` s~ ~..~.~ City ~"u~- ~,~ State Fz .Zip Code 333 5. Home Phone: ~6l'$]o-Y8 Business Phone: 1 1 33o'~`f E-Mail Address: hCc,~ - r1c~~l~iNe Cell Phone: ow,~O14 SS Fa~c ~6~-33a-TD `/ 6. Date o Birth Z~ ills 7. Art you a registered voter? If so, where are you cegutered> !J~ S. What $gaird(s) arc youincen<Led i servrng? Please list is o rof preference: 9. Lot ' GtyB ~ ds~o~ lu~you ~`~~ scrvin ha~?greviovs @crvcd kuc inclurk domes r't `~ ~ TSDG ~CX m IO- .E ~jaTIOII• 1G1UOn1: _ 1.1, u~ ~ vas. ~!i p j` ~ ~ r ` n ~ c~ 11. L.isr any related professional cerIIficarions and licetltes which you hold t2. Give your present, or most recent employer, and posinon •~ C~ 13 e expericneu, slnll; or kuowlcdge df,ich qualifyyou Lo serve on this oatL1 (Please auac6 a hncf resume) ~~T_ _ ~.a I ere y ce rlrc ab sriemenu are true, and I agree anal uadenTaud r11ar auy misstateu>znt of martrial facts ^o li ~- n may catue forfeinue upon myparc of any appointment I v recci~e. SIG ~ ~~~~1~ DATE Norc: Thin appli~ anon'will r Lmain on fde in the Gty Ckri~s Office for a period of 2 }'eats from the date it was v~r <rw.a i e~ . ~ ,+rn r n~rvi i ~t~J oo i JJYJ / 040 Kenneth T. Kaltman National Compliance Services 355 NE 5th Avenue Delray Beach. FL 33483 1994- present - National Compliance Services -Manager and Field Auditor 1982-1994 - National Regulatory Services -Sales and Compliance 197R-] 982 - The Securities Group -Senior Partner/ Trading and Compliance 1965- ] 978 - Lehman Brothers -Senior Vice President. Trading -established London and Tokyo office for Lehman 1961-1965 - New York Institute of Finance/university of Tampa Y. 3 NASD Exams - Series 63, Series 7, Series 24 DELRAY BEACH ,~~~~~ 1993 zoa, CITY O~ pELRAY BEACH RECEIVED BOARD MEMBER Ap'PI,ICATION ocT n ? ZOO1 CITY CLERK 3. Legal Itesa- dence_ C J /~T'rt ~ 56/ 0~7`~ ~7 ~ 6. Date of firth 7. Are you a registered w 8. N13patd(c~ are you intemsced in servin ?Please _ lnt `y1 k~t`'A~'~~ /~1I~DLl~f i`7 f. I.ut all Gty $o'ards on w6ieh you are ewfently serv: ,........,,.,~: ~.eu rnone_ 5 1 Fax: 5 6 /~ I,~lys.~~fTCrt -7 a oa l~ g~~ol,~ , r a~g 8~~~ If so, where are you registered? `-' in o~eof preference: ~ or Gave U you iz. Giveyowpresenr, ''- ~1 ~ ~?~9 y ~K on • r~ a Or1CI nx are true, and I agree and undecsewd char any nay5g(~me~ of - face apre~uponmy of anyappoimmeat I mayreceive. DATE '~'• wv, ccrnam on rve m the ~,,y Qe~s Office fora period of 2 years from the date it was Ic will be the applicaaYs respons~ility to ensure that a arnent application is on file. RESUME FOR B[JNNY (PEARL) MARIGFIELD ELROD Director of Reasearch Dept. National Enquirer newspaper 14 yrs Realtor Coldwell Barilcer Real Esrate 2S yrs. Pres. h'te~ritt Par'_< Home Owner's Assoc. Pres. Progressive Residents of Delray League Of Women Voters, PBC;, Board Member Member S~N/NVJ Etedevelopmen Task Force from inception. Resident Delray Beach over 10 yrs. Proud ov!ner of a historic home (built in 1925) which we have kept historically intact and very much enjoy preserving. Like living within walking distance ofa beautifully developing downtown area. As a resident enjoying the bene_its of a IoveL~ city l would like to "give back" to the continued healthy gr-ovrth of same. DEERAY BEACH ~ 4,1f ~ =~ ~E,~= ~ I ~ CITY OF DELRAY BEACH p~G p 9 2~p1 BOARD MEMBER APPLICATION ,, ~.~~' 1993 zoo, g19~~ Please type or print the following information: 1. La'~~ame: 7 5 Name / G f M. I. 2. Home Address: City State Zip Code 3. Legal Residence: City State Zip Code 4. Prinapal Business Address: City State Zip Code 5. Home Phone: ~lPl'a,(~6-~yS Business Phone: E-Mail Address: EIGNMA-;Ck ®Aa~~ Cell Phone: ' m Fax: 6. Date of Birth ~~~~y4 7. Are you a registered voter? pycq ' Y'f so, where aze you registered? U so $., What Boazd(s) are you t erred in servin ?Please list in order Epreference: ~ F -fin/^ In 1. List all City Boazdson which you are currently servingor have previously serve .(Please include dates) 10. Educational qualifications: ~ ~~~~ ~~ f 11. List any related professional certifications and licenses which you hold 12. Give your present, or most recent employ ,and position: 13. Describe expeaences, 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 patt of any appointment I may receive. ~l ~ a / .,IGNATURE ,~~ 7 ~ ll 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 unt'rhe tollovnag mromraaon: _ - - :urr.- ~ .. - J. Iasr LSaurc: Peltrie - Name Kennetti _. - :, _ _ (_itq StafFb. Zap Gbdz ' 2.~ Home Address: J260 Rabbit Hollowe CirUe Delray Beach ~ 33x45-~ ~ _~ Cttp - State Zip Code 3: ~ ~Lcgal Residence a ~ .: ~1 - Sore. Zap Code - . ~: 4. Pun<ipal Businwo Addreaa: ~ .ry -_. ~' : ~ __~ S. Hrnt+c Phone. , B.~sinccs PhouE: - E-Mail Address: Ccl}Fh~~_~ Fax' ' - kpellzieQYahoo.com ~ cS6 6-39+5 ~ .. 561~9&d76d .--- ~~ Y ~ ~ If so, inhere etc you tcgisrerrd? - 6. Ate you- e s era1~ each. Flonda 7: VCthat Brncd{s) arc you interested in seraingt Plerse hsc iti ocdauf ptcfereucc ' Downtown 0evelopmentAuthority P )a,...,.. p: a-d ~o ----v B eQ~°p ~ RA ..' 8. L,isf4llCity Brratds on which you..arz cutzcndp setmng ot'have prt~iouslp served', (plensc mdude dare_9) ~ ~ -:.:. Planning and Zoning Board 8/15/00.to current 9. educational qualifications: Masters in~Public HealttilAdministrative.Medicine i0. List any related professioualcemfications and licedscs which ynu.hold ' - 17: Give pour pxe.+cnr: oz moat =cccnc cmpioyv>', ~ and posirion: _ _ - - - '.. vice President. Whitsyms Nursing ltd - - - - - _ -. . ~ 1Z Dneribe ctpetien<es,. <lalls or l:no~vledge which yuali£y you-N secoc on this board: (Yleasc atttcb a hoer iesume) -_ Fo Year ex eriehce in Hea h Care m' pI>_~d -ommimi Planning- _ i Served as an offs ran B b roof a nt,mhPr of rnm ~ tnitv.n.g~~fians I hcrclry <zrd£y dun :dl d.c abo..c statements ue 2vc, and I ai¢<c aad rind«+:t~„d rho[ assp ma:<tntem<ne of rr.~teval £a~ra ..- I connv~red in this application~ay cause £orfeinsc upon mp put o£aay appoinm~ent-I mzy recetvc- '-_' / / i '~" DATE SIGN UliE ~' . ~ ~ Note Tlvs application cmll t<tnain on.flein the City Clerk's Officefor a piti<id of 2 years Novi the date it aas -. ~ - submitted. It anll he the applicants [csponsibiliry ro ensum that a <uuent appliuvoa is nn Talc. -.: - SgT~'rl£WC~aDaaITnPPnr TON. Sunday, May 16, 200d.max KENNETH GERALD PEL'I'ZIE 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 Offic f th P id W e o e res ent, ashington, D.C. 1958-1961 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 JI!-IiS-c'tjtjn 1b: 18 FF.Ohl: P111C 19ILLt=111 ~TtahILE'1 Sb 127rS18.^_.1 TO: c4'-.-7i-F F'. c ? DEI.ItAY BEACH ~'~ CITY OF DELRAY BEACHREGEIVED t I I ~,~ BOARD MEMBER APPLICATI(~,%Q`6 yp06 iooi CITY C E _~ - ~y~e ~ r lcax ty x ~,~ - 1. L s[ Nam - Nam 5 +. f- 2. Home..'',dt}[e s: ~ /~ ( ~}~y~ (_~y_ ~ Sr~ 7' ('ode 3. l:.csal Residence: as ~ ~l~ CiR' ~ Sc:ue Zip Code .~~~~ 4. pLincipal Nosiness Address: aq i~ ~~'' ~e CiR' ~ ~~ State ~c Lip (.+tdt 3~~ S. T-Iurnc L'bonc Tiusincss Phone: H-R1ail ,Address: Cell ~Pbonc: Fas: . 6. E1[c Vov a ee~i: ctei~ vnca? fps TF s0, whc z arc you t is rcre f ?. Rtat Boa (sl arc yot -n cm>rzd it sc ~ g? Please lis[ in order of pre&rc ee: Y ti, List all City T4nards on which y..u are <tuccndy sccv inK or have p[eviouely sctv<d: (Please include dacz:i) 9. Educational qualtfiri arms Ip. ,I ist any related prc~f<ssion 1 ter tlcations and licentics whidt you 1?old: I L C,ivc your ptcsrn t, rT: nst -ccc cntployer, and posirion: 1'_. Describe cxpcri<n - s, ;k Is nr k wledge wltieh qualify you [n serve on dus bn;ad: (Please. attach a brit{ [csumz) 1 h<nby <cAify that all (hz above. sc~tcmcna arc mtq and l agree and rtndctsca nd char any mia:[accmcnt ok marcn;d fa<ca conraine ~ .anon + r ruse forfcimrc. upon my par[ of any appoin~men//t I may rcczi~~z. L IRL D~TT NotL us t ~Lt remain ou file in dte Cityr Clerk's OfHec for a period of 2 years frnm the date it tvas snbttuctzd. 1[ will be [hc applicant's responiibiligt to auw:e tbat a current applicxtian is nn hlc yrrtte~lMY.~.W,np WdYPpUTION IaFF'-~?-c1i67 1C7:t? FF.'OI•I:FIIiC. 19ILLHII F ~THlILE1' .`~n1~76^E^1 Tfl:c-1??7~-l F'.1.1 La~• Offices Ma.tr'Li~l.a7n ~d wtaiiley, PLLC 29 Northca_t t'<>urt}~.Avennc I)c~rav Bcac}~, ~t=1o>_icla 3.34L~3 Telephone (561) 276-6363 Facsimile (561) 276-8681 macmillanstanley.com Carol MacMillan Stanley' Thomas M. Stanley 'Board Certified oy Florida Bar In Wills. TrUa[s and Estates, Real Estate April 23, 2007 Via Fax (561) 243-3774 City of Delray Beach City Clerk's Office Att: Venice Cobb 100 NW 1st Avenue Delray Beach, FL 3344 Re; Downtown Development Aufho~ity (D.D.A.) Dear Venice: Neil E. MacMillan Ilgle -rags) Please attach this letter to my City of Delray Beach Board Application as an addendum. Qualifications for Downtown Development Authority: t Manager, shareholder and attorney at MacMillan 8 Stanley, PLLC located at 29 NE 4th Avenue; 2. The principals of MacMillan 8 Stanley, PLLC own the MacMillan & 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 I hope this will aid the Commission with the appointment process. TMS1smt ~~rlV~p APR 2 3 207 C~~Y v~E~K Serving Delray Sinca r9a6 Yours very truly, iUl l-~t:_:--~13t1r, lb: l'3 FF.ti IPt: l9tr-: I~IILLiII l :S '=:TFII ILEY -~r,lcTr,N~~ a TO: ~-J??77-F 'Thomas M. Stanlery '1995-1949 B.A. HlsCary 1999-2002 EducAtlon prMa~atonal experloaco Juria Doctor MacMillan 8 Stanley, PLLC MacMillan 6 Stanley B~ilding 29 NE 4th Avenue Delray Beach, FL 33d83 Phone: (561)276-6363 Fax: (561)276-888 tom@m acmillanstan ley.com Princeton University Florida Stale University 2002 -Present MacMillan 8 Stanley. PLLC Beach, FL Attorney Level I Title Insurance Agent Will. Trusts and Estates Estate and Gift Tax Real Estate closely held corporations condominium law Princeton, NJ Tallahassee, FL Delray pwlessFonal Member of the Florida Bar, American Bar Association: Delray Beach memberahtpa Chamber of Commerce; Chairman's Club; Boca Raton Estate Planning Council; Palm Beach County Bar Association; Delray Beach Historical Society; Palm Beach County Historical Society: Member of Real Property and Probate Section of the Florida Bar; Member of Elder Law Section of the Florida Bar; DELPAC Ob)ectlve 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'.' MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER DATE: NOVEMBER 30, 2007 SUBJECT: APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL ITEM BEFORE COMMISSION This item is before the Commission for appointment to the Neighborhood Advisory Council. BACKGROUND Regulaz 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 regulaz 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) regulaz 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 are 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) regulaz member from Zone 1 to serve an unexpired term ending October 31, 2008. RECOMMENDATION Recommend appointment of one (1) regulaz member from Zone 1 to the Neighborhood Advisory Council to serve an unexpired term ending October 31, 2008. NEIGHBORHOOD ADVISORY COUNCIL tnrm TE~pi EXPIRES DISTRICT ~~ 10/31/10 Zonel Gaston Joseph U[cexp Apppt 08/21/07 [10/16/07 10/31/10 Zone 2 Jennifer Witt Appt 10/16/07 10/31/10 Zone 3 Linda Leib u[~, Aptt to/n/o6 10/16/07 10/31/]0 Zone 4 Harold Van Amem Appt 10/16/07 10/31/08 Zone 5 L'1'anya Allen Appt to/zs/os 10/31/08 Zone 6 Linda Prior unexp Appt o2/zo/o7 10/31/08 Zone 1 Arthur Brown, Cbair Una~p Appt 01/13/04 t 11/15/05 10/31 /08 Zone 2 Bonnie Raycrofr Appt 11/15/05 10/31/09 Zone 3 Shirl Fields Amt to/n/o6 10/31/09 Zone 4 Claudia Flores Appt 10/17/06 10/31 /09 Zone 5 Matthew Hartley nppt to/n/o6 10/31/09 Zone 6 Joseph Kamarata, Vice Chair Ate,[ 10/17/06 10/31/10 At Large Pamela Williams u[~p npp[ o3/zl/a6 Representative [11/06/07 10/31/08 At Large Patricia WestaB Unexp Appt 04/19/05 Representative t 1o/2s/os 10/31/09 At barge Charles Stravino A~t1t/oa/o3 Representative 10/17/06 10/31/08 Student Vacant 10/31/07 Student Vacant S/Cay Clete/Board 07/Naghbo[hood Advisory Crnmal 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 i n inn-r WCCMI OCntI= • R CITY OF DELRAY BEACH ~® ` ' BOARD MEMBER APPLICATION ,Z'v.tl~ -2 •~~tla Please type or print the following inEoxmadon: ~//~~9 t. Last Natne: / j~I~e M I. 2. Home t~ddress: City S ~ Zi Co e 3. Legal Res` eitcc C` ~~ State ~ Zip Code \~ 4: P ~ cipa] Business Address. ~ City ~ ~ State ode S. Home Phone: Business Phone: E-Mail Address Cell Phone: Fax: _ ~~ig 6. Date o Bir 7. Are you a r eg istere voter? IE so, where are you registered? ~ ° ~ 8: a[ ard(s) are you interested to Serving? please listin order of preference: /~1~. - 9. list aIl'City Boards on which you aze currendy-serving br.have previously serveda{Please.indude dates 20. Educational ualiEicanorts: 11. ~' t any related. pr ro al certifications an ~censes whic 12 Give your present, or most,recent employer, and position: - ~ 13. Describe ex riences, skills or knowledge which quahfy you [o s on [his, boazd (Please attach a brief iesume) I hereb certi ~y ~ ~~ Y ~,f~~-~~7tCa~ove-stytements aze true, and I agree and understand that any misstatement of material facts coma pG `S ~ n ma \\ caus y e , enure upon my part of any appointment I ma receive IG DA 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 he rhP ...,.,r.,-.....~.. _._-_ , ____ __a_ _ ..__ ~tAn '1 J vl'j I. ~ JV I ~ L J~'. i~C •' 201; ~~~i~ressiolial ~r~er t3'~1e1•it SATURDAY, JULY t4, 2007 B LOG ARCHIVE • mh (t) ~ ~,::. ~ =~~I''~ (t) - r (t) ABOUT NEG POL[TfCAL [NS[DEA r _ :;z ; .t,r~ ~ riEi: ~,. C.i~C El'Jg ~)~1 ~rl On This i4.th Day of July, zoo'7, Washington, D.C., it gives me great pleasure to Announce that: '` Mr. Mark Behar of Delray Beach, Florida has been Officially Nominated to Receive the Zook Congression al Order of Merit, by the Executive Council of the National Republican Congressional Committee-NRCC. This Citation: Is in Recognition of his Outstanding service as an Honorary Chairman of the Business Advisory Council Representing Delray Beach, Florida and for his ideas, commitments, loyalty, and dedication of his time, 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. Markis a Property Owner/Investor of several Rental http://thenationalnoliticalinsider.hlnvsnotcnm/2007/(17/7d(17_~~~a~~~~~,,,,~1_„r,~Pr_„f,,,Pr;r>, unt~nm _ ____ ___ ____ o.___~ _ . _ ___o __ _._____ _ _o_ _,_ . & 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. [L tJ) i~1" P ) .~ri(. !-~ ~ll~, h: ~T $:~j$ Ylll o COMMENTS: Yrst a f:om, men± Subscribe to: Yost Comments (Atom) httn~//thenatinnalnnlitiralincirjar hlnacnnf rnm/7n(17/n'7/71107_.~......~Pec:n..~l_..Y.1..r .+f_w.or:r 1, u/~/~nn~ °_____"_ ___°~___ .. _.... __a_ .y ~ ~.. ~ ~.~. ...., .,. ~.~...... ~... ~ ...~~. .. ....._ ...g., .... ... .___-__-_ i. _.,~.~- o ~~; ~ ~ OCi; r < ~;: r.~ aiB ~~Ok filar', ,.: E~~ a SATURDAY,.AP RIL z8, zoo7 BLOG ARCHIVE ~ =007 L3) • .7u1~ (I) Orde Of 1'e,'rii - i*;r~,uari (i) A80UT NIE PO LI'I'L(7A 1. INSIDER nl ,,~,~,~ ~T~ .~-iLr ounce their invited Members & Guests The Nazi ona 1 Rep ubii can Con yres lion a( Co mm itte e (NR CC) The Hou SC lZep ubli can Tru sf, ann Murk Behar, A young Entrepreneur and Owner/Investor of several Investment Properties worth Multi-Millions from Delray Beach Florida, was just recently named and awarded the "zoo6 -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 httn•//thPnatinnalnnliticalinciAPrhlnacnnt!`Hill/7t~/I~I~naPJnn~I_1lTPC1l,PIItC_ll~,,.,P~ht..~l QiOnnm ..._.._... ~......~ ... .. ........~.b..,.y ........ ~~~... .~..... ..Wa.a.~... v vaa ~i~ii~ • usa. c, vi v 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 r3.th and r4.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 r4.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 z.- time California Gubernatorial Candidate Mary Carey. POSTED P,'I' PO i.t!!CAL !\S1CCiR Ai' e~~t 'b o COMMENTS: Poste ~ommeni Subscribe to: Post G,ul,nenLS iP~otnj htr..•NthP..~r7...,~L...G~:~~1:.,~7a~.l.l ........... ....... ionn^unn nnm __~..: a,....,, a:__,._ti._...~ oi~,~n~-, ..,....,,......~.,..,.-.. ~a....s,,,.., ,,.,... ~,,.,.a.y ~~~. ~~ rage t oI t rare &iuL c"~,n ;~~ 8 a ~ ~ 6 SUNDAY, FEBRUARY i&, zoo? B~oc ARCeIVr ~ 2007 (S) ~ ,Inly (t) Order of bi~'ri,. - ftptrii (t) ABOUT ME POLITICAL INSIDER 1 IE11" MSC , 1 'LTP, r;=iLc ~, ,.aoo6 a k sl ' ~t =,. - ~~ 1'~:':, `. BUSINESSMAN OF t ,,.,ri: F;.: ;, . [ TAE YEAR AWARD" ~~,.., a The National Republican Congressional Committee (NRCC) announces their Businessman of the Year Award Nominee & Recipient from the State of Florida The Nation Republican Congressional Committee (NRCC) has announced that Mark J. Behar, a young Entrepreneur & Small Business Owner' from Delray Beach, Florida was nominated and has been selected as the "2006 Businessman of the Year", from South Florida. This award recognizes the 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 1'ax 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 Mc Behar in person, at our Awards Ceremony and Luncheon". Ln attendance at this ceremony, will be Special Guest former House Speaker Newt Gingrich, cvho will join Mark when he receives his award at this time. The Awards Ceremony and Luncheon will be held in our a Vaauvua aamaua.r rr usuuswu, a~~,.. ra.t/a uaiy Lvvr Nation's Capital Washington DC on March tg.th. The "200 Republican Business Summit" will also be held that day, as well as the "200 NRCC March Diner" will be held that night, with Special Guest President George W. Bush. Mark also, has been asked by the Republican Leaders of The U.S. House of Representatives to serve as Honorary Chairman of the House Republican Trust, from The State of Florida. Political Insider-Washington, DC. ;Q~i. i'i 'i.. riCAL I\~'J i?(: ai' „S PIr, oCOhS NtENT3 Ap:71 200: Y';iin.° Subscribe to: Posts (Atom; 1 ¢~GL Vl L Mar 08 06 01:46p SAL CHERCH 5616385724 OJ%OB/08 WED 11: J1 F3A 581?dJJi7l CITY CLERK DEiIUY BEgCFI ~ ~ I ~' ( CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 7993 tool Plcice tone nrn nr thoF ll.....:..._:_C______ - 1. Las[Name: ~~h' Name L ~ ~A M. ~. a ~ ~~ ° 2. Home Address: ~s/ o S ]j q/Z~ I C~ . Ciryb / ~ State E C i 'Lip Codc 3. LegalRtsidcnce: City J State lip od~/ 4. Principal-Business Address- a~2 ~ Ciry State Zip Codc S'F A,vee~S Fv~CJp- s~-e G ~~ ~¢ ~-~o~ /~ ~j f 3 S H Ph . ome one: Business Phone: F Mail Address: Ccli phone: pax: l 3~ f ` c . ~ ~- ~P ~ 75'` aDFls o ~~ '- 93~~ 6j~'-~7 G. Arc you a [egistcred vorar? E C If so, whera are you registered? . ~ ~ 7. What Bond(s) arc you uuuestcd io setvjrlg? PLeasc fist ur order of prefet<ncc - 8. List City Bonds on uch you tic a:zr serving or hoot prcviou ly serval (P ease indude dates Gducadonil qualifica lions- - ~1 Z- t 10. List any related p[oEcssiotul certifications wad licenses which you hold: 11. Give your present, oz most mcent unployeS and posidoa AJ V 6d S~/~ QPP/2d '~~ P~f/ 12. Desoihe expvnences, skiLLs or knowledge which qualify you to scsve on this board: (Pleue attach a brief resume) I h.-rchy certify drat all the above stat~enes are true, and I agree and mderctwd that any micstacemenc of mareriai facts containc dlis a G do f f p n may cause or eiture upon my part of any appoinunent I may cc -v GNnlUlt}? DATE Nocr. This aoohcation will r l..a:r, .,,, ar„ c,..1._ r..- r-. _ ,_. p.2 ~j/ oaz ~ ~~ ~~-o--- / ~~~ ~ ~`'~ R R ~til~~ ifE - - --y ~-..~+o ~ v~u~c lUC A pCII00 OC L yC1[5 tIOhl d1C dat< Ct W15 submitted. It will be dre applicant's zespoosibility to ensuic that a cuirent application is on hle 1,uavoa:rv~aonnrn,urucwnoN SAL CHERCH Mr. Cherch, 70, has over 50 years of business experience in developing, initiating, and operating companies in a broad range of industries- Over the last nine years, he has devoted.most of his time to developing and funding aquaculture related enterprises. He isthe co-Founder of Neptune Industries, Inc. [NPDLBB] ,Taurus Investments, Ltd. and AquacuRure Specialties, Inc. He-has served in an executive capacity for a number of privately held and public companies inducting 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 public relations and promotional organization and Meter Maid, Inc., which markets a patented device devloped by Mr. Cherch for the electronics industry and is the former owner of Corporate Consultants, Inc. which specialized in developing training and motivational programs for major corporations. Mr. Gherch has been responsible for the formation and funding of several privately .held. companies, which he hrnupht to the puhlir. ac I(?rTc Ha fnundad and wac ('FO of Natirinal Fafly Warning Systems, Inc. (N.E.W_S BB;) which developed and manufactured patented electronic monitoring and reporting devices for the U.S: Navy, many municipalities throughout the Unted 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,)nc-, AMEX where he was responsible for the design and patenting of several products for and the Company and de affiliate Universal Fiberglass industries, Inc.[OTC] These products were the basis upon whichboth companies were formed and built manufacturing and distribution networks consisting of more than 500 dealers and distributors throughout the United States ,Canada and Europe- In addition; Mr. Cherch owns or has patents pending on several other products Mr. Cherch attended Seton Ha11 University. =F.Of9 RbiP.eel ~!ide~„ Ff{{ bql- :~n1a'_?8 ~~ ~ ~ r~ri- 17 "_'tJ9 _, rF:-_ lU!lJ%OS TflU 08:03 FAS 58124JJ17a c~ -- ~% I ~07 pF,tA~rR~wP} of Ct(/Id-r~ea -:~~} ' CITY O~ O~LRAY BEAGH ~• BARD M~iMBER pPPLtG/1T10fd ~n~E - ~ C:A2J i9~Qin ~. P1n¢ tvo' of o>inc ~r fnllesiFne M[ormenaex 1. Isct a[~c Namc M 1~..4 u-T v ~-i.rv~ $eacSt ~-to.- S C ~°~ vnt T3P Cvdc 4: B c 3Ne lip e 3, amc emt: ~-a~_-„ ~lD m~cna S-MsII ~~.+SF@:6~r1".n S• Crll PLffic . -r.s-.,ors,-T . a vts-~z.^r3. ~r ..1~ Q y00 0 "O"•'~"" OOtQi~ ,I dl M~ Y+.mc ~C pOG T 1 6. S l.~.t ra.. ~ E'RL~~ :~: WLaiBoar3(e)aaepoo~iur~ieiecdiu+escYng7'P~oaelirt}nadc~iofpoeCvmoe. _. & lie[ illCh1' SoaaL aq you .~e tanmtty /c+irg oe Lne geTi'mJY u¢ve~ (P1~ ip['Jod~ fun). - ~ Dail quaGfrmomi ra ~t aar eseSotaal tiuef lietnaes ~, n... ~liY\p_p.. ~ . ~ r 4 _ _~I~tD.~S~ t..p ~w ~~. ~~ DI m09 tm ~~pOWtiOLi i ~ tsp~ a >vw m.a.e ~ ~ ,. ~~ fa r5tc tray o.~c kafoaort upon m'y P*~ °[~°y apP~m[ 1 mat tec3~t Nt>~ TMs applindva temaifi eo Bk ~ Claic't • oer'soei ..... . a_ L._,-_ a>manlted-1c ~vID he [he sADllrmla xo~ac~Sl~p m rAAtLe tuft! c~cs~iacaa~,y~a,,~ p ~ ~. D OCT t a 2005 GI~Y v1-~R~ Alice Finst 707-Place. Tavant Delray Beach, 33445 Resume' Application for Neighborhood Advisory Council # 12 Describe ezaeriences skills or knowledge which qualify you to serve on this board. Listed below are some of m_v civic experiences since moving to Delray Beach in 1971.. Please note that dates are approximate and may extend several years Memberships Homeowners' League of Chatelaine 1970's to present Chaiiman Architectural Control Committee, Editor, "The Chatterlines" Member Board of Directors, City Commission observer for Homeowners League -- Progressive Residents of Delray Beach Board of Directors, SPRAB monitor Delray Beach President Council , Pride in Neighborhood Committee Mounts Botanical Garden League of Women Voters of South Palm Beach County since 1975, Defray Beach Good Government Committee Lobbying Activities Acquisition of land for Barwick Park, (also served on play ground committee}. Land acquisition for Fire Station at Barwick and Lake Ida Roads Sidewalks on Barwick Road Fencing at Veterans' Park I'la_yground Bright Park Service on City Boards and. City Related Committees Pineapple Grove Pre Main Street 1993-1995 Beautification Committee Community Appearance Board 1985 HistoricPreservation Board 1987 Education Board 1990 NorthWest/SouthWest Neighborhood 2002- Sidewalk/Beautification Committee Cultural Loop Walking Committee visited 80 sites June 2003/ History Committee School Advisory Committees A.D. Henderson 1986-1996 S.D.Spady 1978-80,1999-present Atlantic High School 1987-present Other City Commission Watcher since 1979 y Vf 1_i- • a..._. pFLRpt BFJtCM ~! ''~~ ~~ 7993 20()7 Please tyrz oC vrint the - ~~~3/~ ~ v V e,~ ~cc ~C~1 2~~j ~J77~ E~~~vED CITY OF DELRAY BEACH UCT ~ ~ 2005 BOARD MEMBER APPLICATION ~ ~ Y LE`''{~~ tincinformation: ~n~ 1. Lxst.Name: 1 ~ } , ~ , A ~ ~ Nainz < F~ - ~2 v[. 1- 2. .Florae ~ddr ss: {: tat. Zip ~ode~ 3- Leal Rtsidcnce: city State Zip Code -0. I'rinupal Bu~iness.~ddr Z2S fJL ~.z~ ss: >-~~J~ ~~c~o City ~co ~o~;. Statc ~ Zih Codz ~j~~~ 5. 'Hume-Phone Bits css P~~1hrinc: ~-1Z-. ~O •t~-A1 ail:\ddrr„:1, ~1 ~`^k~.: `tle~lSJ (;eII P~~h}}..Otet , NCB Fax: G ^lre you 1 reoiscered vo[ r~ ~~ ~S 1 f c , +*~here ire yriu [z~istrted. ~``~ . ~W~laC Board lj~ a[Y JtiU. m[c 'tJ[ld 1+1 SeNU1P~ l'least hst lll(adff Vt Pl'C fetC,n~C: ~~.\~~o~~o ~~~~.tiSo~7 t.L~~ 8 Lie[ all City Board; on u•hi l+ you are currenth seivinE ~+f have pre~i.rnysly S~rvtd: (Phase uxhtdc dates) _ (~~ 9- Fdncarional yvaliticarions: -- - ~ ~ t e~ 4-~-tc~ C--a i ~~.~ G:~ :y ar`t_ 10. List any relate professi - L.~e_ nal certihca[i os and l{{~cense~ which you b.,ld: nvw,{ l,:~ n~.s~ G.,c.~,<~ Lice.-S~ I L Gimme yo resent, +r m. st recent employer, and positi+ I'. ~escribt espencoccs, skill. 1" ~ lit AnoJVledge Eshich.yuab you to iC[tic o t thin board: (Please aaach a brief resumc~ ~l t~'\ CL r ~ CO C ~ 1ltlC ~c-dv, ~~ -~-- Sz:1 ` l ~ ~ Ski ~~ ~-~~ ~ ~ a.,.c>Lt.~ s; ~~4 s;kvck ,,~c_ ~ ~ t o~~ ~C' ~ Tit.: - I hereby cru Fy that all [hc abo eOnl3 d io ~~ application m a state+nenis arc trot, and 1 agree and und5x5tand that any missratemtni of material facts ~ cause forfature upon my paa of any appomrm ent I tra///y Lect.~`yrv~e.~ -~•L` ~~l V~~ ~ ~ j rOO~ llil.;.j RE D.~l'E - Note: I'hi> applica uon ...il] -n>_ain on flly_ in r-he Ciry-Clerk's OFfic< frir a peyigd of 2 years from the dal is a~as submitted- It .will be he applicant`s responsibility to ensure that a aarrcnr application ii on tile. gl'Iri!LERY.+ROnRD41RiCnn/MI HANSFORD N. ffiGGINBOTHAM 920 SUNFLOWER A (561) 499-8331 DELRAY BEACH, FL 33445 CORPORATE FINANCE & INVESTMENT MANAGEMENT'EXECUTTVE 1990-Present Independent consultant toprivate and public companies, advising on matters including capital structure, debt and equity financing, management dynamics, mergers and acquisitions, strategic planning and marketing.. Record of achievement introducing new concepts and services to clients, turning money-losers imo money-makers and capital creation.approximating $70 million. Concurrently have held contractual relationships with NASD/NYSE member firms -for providing securuties'brokerage and financial planning services for ury individual and business investment clients. Member firms include Old Dominion Securities, Questar Capital, Round Hill Securities, Northeast Securitiesand J.W. Genesis. Client assets under management have exceeded $3b mullion: ACTRADE CAPITAL ,INC. Regional Manager 2000.2001 Responsible for management.and sales growth of this public, international company's Southern Region. I was credited with building the Region's annual sales volume to over $23'million prior o the Company's decisionto consolidate uts operations and close this office. PIONEER PRODUCTS 1988-1990 Marketing Manager Assumed marketing and P & L responsibility for the 150+ consumer and institutional products of this General Mills manufacturer. Credited with the creation and introduce lion of five new brands (11 sku's) during an aggressive line-expansion: My efforts contributed to two years of record company revenues achieved within profit guidelines. EXEC[JNET COMPANIES 1984-1988 Partner/General Manager Created and developed unique enterprises providing consumer and business services through these successful companies: Eaecunet, Home Office and Memorybanc Inventory. HANSFORD N. HIGGINBOTHAM, page 2 DEL MONTE/R.J. REYNOLDS FOODS 1980.1984 Region Manager and Division Manager pltimatelyresponsible for $50 million in annual sales ofa 500+ item product line through direct and food broker sates forces. Wrote and implemented operating budgets which included personnel, operations, local advertising and marketing, trade shows-and trade promotion. Managed the regional merger ofRJR Foods with Del Monte: p120CTER & GAM$LE 1973-1980 +District,Field Representative and Unit Manager in the food products division. Managed sales ofup to $I5 millionthrough direct representatives and account managers. Recognized as my district's Top Unit Manager in 1977 and 1979. Consistently ranked among fhe company's top managers in introducing new items and brands. Developed successful college recruiting programs at South Carolina, Clemson and Furman Universities. MERRII,L LYNCH, PIERCE, FENNER & SMTI'H 1970.1973 Account Executive Sold: investment securities including equities,. fixed income, options, mutual funds and: commodities: Branch office leader in opening new accounts. EDUCATION/CERTIFICATION B.A, Liberal Arts, UNIVE1tSITY OF TENNESSEE, Knoxville, Tennessee Series 7, General Securities License Series 63; Uniform Securities Agent State License 09.'131tf5 HON10'1~3 FAd-501YdJ377d ~CJTY C[.IItS DHLtY SFq(.~d _ ` I I ~~ e V ~.d~.lCe ~C.)-1J ~~ f'~ I G1Ty ~}F E3ELt2AY B~q~H. ~'~~ BDARD. fUt>loM ER APf'LCQTtE1N ,~, . . tam REGEIVEQ SEP. 1 x'2005 CITY CLERK Nk~LiQ aVbID~APd'lteo111~bcfho~aL'S -0£2~ . ~o t7 ~°~ 7°~zs-fi~mthc.~trs.vu nsl~ap. ~e Elsa. a:~n, ~ycuaaa~,,.~ - - - . s~maA°~winx+nmt ._. (L~r~r7"~ ~ '° .002 `~~'y 2t10/-9F3109:St Sti1ti38ti223» S6T243J//4 - ' »r~t ,_ Last 2. H- o d CITY of DELRAY BEACH ~'`~e~~~ BOARD MEMBER APPL~l~g°~~ C rs~jX(~ ~Ut ~ ~ 2001 ~fotmatioa ~ ~J/~f~ ......, r-I F t`~~ << i. C LEA ~> 3. Legal. Rcsidencc 4- Panctpal Business Address: 5. H ~~~3y~ 6 Datc of Bi ~/~~ lfI' '8: What Bonn Isttsint~s YbooG -. / ' 7. Atc you a xcgistcred arc ~t ~ li~c all City Boards oa a 11. List any tc Name %„~~/ City ~~~ ~F' M Cell Phonc: Fax If so, where aze you xegivicexed? s~~ Ststc State ua~ccaa m awls Plea3e list in order of pmfrt~t,..t ~i/2./ f' ,~ „/ ,.. uch you uecusendy sec..tag or hope pcrnously servtd_:(Plcsse include daca~ s Ac/~cu~,-~,~ ~ n.3 ~-- ----- alccxti6cadons aad licenses which you h. 12. Give ocu present, of most tecrnt cm to ~2~•l/r_ o.~ ~ ~, ~~ F~o pips 1 ~Gc f/ J,~/z ,u~ ~ S; 13. Dnmbo to~otiax~, e]etlo er ltnoa'ledbo ~ykoh poaaon: 7Cr~l~dGi iv-f ALT.( i~C iAi~~ '~ /~ ,~~ Tz ~ ~ aG 3 po ee sct.'e ..a this baa:dr (?Itl;e Lu~i.. ~_~ 1 hereby crnify that all the a ovt stntements aze auc, and I agree and undttsr~nd that any rttisscatemene of matr~al Facia c ` ed in d[ie applicaoon tnay oust Foxfdnue upon my pa[c of any appotn ent I steeiv~ /~ ' NATURE ~ ,~~//"~ DATE Nnr~- T1.:...t.Pl; _-saio~ .ill =em,~:r on Sly in rl~~ G[y C1uA'a Otfice fur a ~criOQ O( 2 submitted. It will be the applicant's xesponsib~7ity to cosuxe that n currrn......~~ Irom [6e dn[e it was / ! ~~ I moved to Delray Beach in 2000 not sure if this was the community my husband and I wanted to commit to afrer living in the Northeast for most of our }ivies. While the transition was not easy since family still resides up North, we found ourselves welcomed into a city that is a microcosm of what we think America should be - a blend. of peoples of all. ages, races, and economic groups. A city that has pulled itself out of doldrums and is a relatively safe and embracing community complemented by the fact that it is sitting in a beautiful environment' We found that we became more active, looking forward to enjoying the beach and parks- and attending the many events held in the city. We take pride in the fact that we call Delray Beach home. I am sure many of you have seen changes in this city in the past. years, but the challenges the future hods can be daunting especially. in protecting the assets thatmake Delray Beacb an All-America city. Just drive down Atlantic Avenue and not only can you see . the changes in the city but you can feel the changes. While I have rio experience sitting on advisory boards to a city, I feel compelled to offer what I can, to assisting the city that we riow call home in some way. I am a well educated woman and spend most of my professional life advising healthcare organizations how to better their businesses, so I am 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 Klein RECEIVED LYNN J. KLEIN MAR Z S. 2005 ~~ ~. ~eenuaa ~~~-~-.~~~~~. Home: (561)638.3517 Delray Beach, FL 33445 Fax: (561) 638-6223 CAREER SUMMARY A healthcare, business management consultant with extensive experience in the public and:private sector. Areas of expertise include: - Mergers and Acquisitions - Business Integration - Due Diligence - Corporate Finance - Finaricial Analysis and Modeling - - Cash Management Forensic Accounting Process Improvement Business Development Ability to improve efficiency through systems enhancement and re-design as well as through selection, installation and maintenance of operationaC and financial computer systems. Ability to manage multi- functional projects. Self-motivator vrith exceptional interpersonal and communication skills. SEiEC7ED ACCOMPLISHMENTS. Financial and Ooerational Business Conwlti~ 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 3-5 days, reduce payment backlog from 120 days o 30.45 days, and provide on-line reporting to branch locations. • Created financial models in EXCEL for cash basis $16M seniice client to convert cash financial statements to GAAP financial statements. for timely reporting to pub(idy held parent company:' • Created a customer usage model thaLanalyzed 10 years of data fora $20M service client. • Provided all operational and financial business integration for 12 practice acquisitions -fora $SOM healthcare client including systems conversions. • Assisted clients in the identification of and evaluation of potential acquisition candidates including preparation of financial and operational due diligence. • Assisted two healthcare clierits 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 plansand assisted clients in accessing investment funds. Industries include pharmaceutical, retail, healthcare and. e-commerce (internal web-based business). • Installed a customer service call center for a healthcare client that included the use of help desk software to manage staff's ability to assist customers. • Wrote policies and procedures manuals and practice orientation manuals that covered all company functions fora $SOM healthcare client. • Created a medical record audit program that used a team of ctinical'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 operationaf and financial consulting while acting as CFO during the product development phase. Tactical Finance and Accountin • Prepared financial statementr and finandal packages for Board of Directors and Senior Management in a $t00M healthcare company. Coordinated all financial information to prepare for annualauditr. • Performed alt controllership functions including monitoring of accountr payable and payrol[ 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, payrol( and general accounting areas. Lynn J. Klein Page 2 • Instituted standardized controls in accounting throughout a $SOM 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 toprovide 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 arrangementr into several major geographic bank hubs increasing cash investments in REPOS, reducing .bank fees and establishing strong bank relationships increasing service to field operations. • Monitored multi-branch operating expenses and recommended reduction and cost savings measures Eo senior management to obtain acceptable branch profit margins. Monitored aged A!R and DSO. changes and provided Senior management with monthly reports to assess early warnings of potential bad debt exposure ManagemenC Information Systems • Selected hardware, customized software. by designing inputsoreens and reports, and.implemen[ed an audit trail to convert an outsourced accounting'process to and in-house system which resulted in a departmental savings.and more timely and accurately reporting. • Utilized database management and mining programs [o identify and monitor key business drivers and created daily real-time reporting to operators, which assisted in day-to-day decision-making. • Upgraded the accounting system to resolve an accounts payable backlog-that reduced aging of open invoices from Z5 030 days. Converted regionaCoffice 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 productr to create {abor analysis reports for field operators, which. provided employees with real time compensation and benefit information. • Selected Co chair. the finance team of the MIS Strategic Planning Committee of a .publicly traded healthcare company. Established definitions and requirementr for amulti-million dollar systems conversion. PROFESSIONAL .HISTORY INOEPENDENT HEALTHCARE CONSULTANT, Delray Beach, FL 1994 -Present NOVACARE ORTHOTICS 8 PROSTHETICS EAST, INC., King of Prussia, PA 1990 - 1994 Controller Responsible for all financial reporting in a $110 M division of this publicly traded healthcare company •with 55 pranch locations.. Supervised a staff of eleven. GOLODETZ TRADING CORP., New York, NY 1986 - 1989 Financial Reporting Manager Responsible for alCfinancial reporting-and cash management fora $300M privately held international commodities firm. Reported directly to CFO and partners- Supervised a staff of thirteen. EARLY EXPERIENCE "Big 8"audit division and private accounting experience in real estate and brokeragelcommodities. EDUCATION AND PROFESSIONAL ORGANIZATIONS Penn State University -MBA (1999) -Finance St. John's University B.S. Accounting (1980) HFMA Member -Healthcare Financial Management Association, Florida Chapter Volunteer -Membership Committee, Professional Development Committee .... .... .o., oe ..~~ ran' aoi<aa>. i 3 x:111 Ll-.CI:A___ ~~ ~ IQj OUJ aQUt4Y BF~ai _ ~ ~ ~ i-' _ L CJ _. C!. 1G I '. __ LJ - REG~'`~ED CITY OF DELRAY BEp,~y ~~ ~~ ~ .D~A~ M(~YViBiE~t ~~~~~~ OCT. i 3 2005 . AT-O~?t ~PL~.ce cot zmt the foll~~ wfaim„4[y~. ~ ~ c/ ~/" / - 2 5 ~~ t / 1 ~ ~ l.- il-TJ ! ~. i U C~ C ~-. \( ~.~ ~. 1~ C~ ~ ( - State Zz~~' l.Yjc Pim,~e]_Buhncs Adds n~ ~ ~1'FZ-l ~ ~U~C ~~ ~ JJ'~~ .7j ~~ 5.~..c ~~ ,4 , `+ jam( (mot $. ]~omc Pbono(=; Bu~.cas F'hc.T -~ ~N I IC' N l !_ 3~_C~ll ~Pdst~rl~lclc~ C.~eaPhauG Ut DU `0 ~ F~ s: ~ ~~~ ~DmJ-~er~m wa :~ 54~ ~~t 3 egfstrr~dvottr? so Rhea --~ ~n3~"`~-~~~. - ~u ~ ~~ ~U ~'c~c- ve c; ~ i ~'t'fnl'~.Yi~sc list in ocdcc ofp mcc - ~Y~B"YZdson "I.pouuetnutat2ys¢vingochavapc ouslysrsoed - .. - ___ --_- _ n (Yl~sc iadadc dac¢~ --- 9- ~?t7ucatinau( Qu>Syctio~ i --- ~ - S~ F~ - a c~eln~ ~, - - ~___-- 7~ Last nay rr1oF d Q~ofaaie ~ c:'-tifratiaals uc32iehua mhi )h .,.. x - ~ ~y__ S c u, ~ ~ ------ 1L Gncyvacpnseasnr~.o ~ - ir-crnt ciq~1oYet and postian_ . ~ ~uala~ you [o a .. a i}uti :u ~Lc ypo slsace Quc, ap A'I ~~__..__--., Tmdtcstaad ithat nn trhtr.~eam this °FP~°~z. - i v° ~~ ~:^~~ ~ T =Ft"~' I ma ar~ataneac of mattes! fi~en C1f~7A.'IVgg '~ -~ v - DA~~~~J ~ V ~= Thstipp7icataaimB(an6Iemthr-Gty~&'srJffuefor: . ~t~anEtied_ It wt71-tsc ~ pubE~am~s _~ P~ of 2 ptais lrom the disc it mwa f' BiII Milner 3400 Place Valencay Delray Beach, FL 33445 561-637-8896- .Professional History 2001-Present 1999-Present 1996-1999 US Census Bureau- Field Representative Pre-Paid Legal Services, Inc. -Independent Associate - Mustapha's Wadi Catering Services- Co-Owner Education B.A. Interdisciplinary Social Sciences; USF, Tampa, FL { 1 can make a meaningfw! contribution to the Neighborhood Advisory Board for the following reasons: I understand the need for and the. mechanics of building consensus • Ability to work effectively with people from all backgrounds • ,Aware of the interests and concerns of our business community • Conscious of-the limitations and the possibilities of public policy • Empathetic to the challenges to homeowners. of modest means I know what makes a community attractive to outsiders-and- welcoming and comfortable for its residents ' DFLRAY BFi1CH ~r~~"~~ . ((7993 2007 Please a or tint the 1. Las= Name NTO S ?- HamcAddrecs= H G EI~L.N1RIr: u r;nI1S . 1 `.61':?.J ^J ~+; F'-fib. fi..; ~o~~ REG~IVED Cl'~"Y OF DELRAY 6EQCH FEB ~ 7 ?001 BOARD MEMBER APPLIGl1TION CpITY C1-ER~ min infatmarion. ~` ~~~~ Oy Name - /~~ y . ~~ DE~2FW 4, st~t~ State Cell G. Da---..-- f ,_ 8.5, --~__~ 8. What Boatd(s~ a: --~----_ List all City Boar. ---- 7. Are you z registeied v e youinteze~cd in sct'vin~?.Please ~ Q{Qrln;~t9 'rZ~r'lr/]q u on.vhich you arc cucrcrrdy ser~vj += It so, whereartyourcgistered? _ ~41m $ct-, CD -. . in order oFptcFetencc h1Ci IIbOt"h90d I Si><P P(Q~,~f-2e/ifW or have prcviocssly served (Please include days) ]0. I1. lisc - ~ rtCS 'l ~+' lvh 12. Give your presenS qr most recent - ~WR rC(S t' sQn s crpeumces, skills of knomleda{ ml ~i +' l~Q/iQblf ~1/lttid'IP 3 l--t'~2ncial CO/IScClfant you-w serve on cht; board: (Please atuch a E lhefeby cettjfy rLyr adl nc~abovc star eonained ie chic a cmcnts uc rme, and I ao ee and undearxnd that any missracemenc of mareoal Cac~ pplicaaon may tyise forfeiture upoe my parr of aey appointmene~I/tray tecave ` sIGN~ `d - / -~ `~ ~ u n,~ _ ICJ 1 DnIE . ~fd~S~ - 12us apphca rion gill rr1:Lin oe 9k in the Cicy Clerk's OfSce for a Period of 2 years Crum ehe dare it was subrniacd_ I[ v~ill be the applicant's responsiEulity co encore chit a cuQtne a - pPlianon a on Cilc. licenses -mot. ~~; -_!v.r 1_: ~? H G ELdJFF,`L+: G L~l. - 1 ..°t.1 ?.J ;ar p_tr``. t'tJ . February 7, 2007 Dear City Commissioner(s), It is my pleasure to seek membership into one of the following advisory boards: Education, P)arning & "Loring, Neighborhood and Site Plan & Review. As a resident of Delray Beach for the past three years, I have decided to commit myself to the betterment of this great city in which I live. As a Bexley Park resident, l know first hand the power of a city working together for its residents and hope to take part in future accomplishments. Ihave-always been involved in conimunities where 1 live because I fee) that it is crucial to take an active role and believe in the improvement of such places. I know that Lwill be an integral part of any of [he advisory boazds for wltich I may be szlecxed. Son]e of m past experiences of leadership include serving as President of the Student Advisory Board-at Cntlf Coast Community College in Panama City, Florida In this position, i oversaw a group of 25 students in developing, coordinating & implementing activities for the college. Together, we fostered an environment for students to ake active. participation within our college: Not only did we.promote student developmerit and involvement, we served oui'community through volmueering. 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 introduction to playing an active role in my community.. l wish to fuither this by serving as a member of an advisory: board. It takes initiators, such as me, to help organizations succeed-which I plan to do for the City of Delray... 1 have served on various boazds throughout my educational years and comprehend the importance of dedication required of members. I now plan to include this aspect into my personal &, professional life and ask that you consider me for a member of the Advisory Boards. Cordially, Ris Santos FEE: ~;'-?rKT' i?~ n H u EEa.iaF•E~ s: =:rnr_; 1 561 "'•~ "~ ~., - F. CU. r~.r Ria Santos 4636 Danson Way Delray Beach, FL 33445 Tel: 561=516.0788 Email:. riasantosC~aAedwards.com WORK EXPERIENCE A.G. Edwazds & Sons, Inc November '03 -Present Boynton $each, FL Regisfrrerl Financial Associate Finaruiai Con.s7~ltant + .Assist individuals in.developingsetirement/investmentstrategies ~- Work with businesses in implementing Retirement Plans + Assess clients' investmentneeds and goals ~- Conduct educational workshops ~- Service clients" specific issues relating to. their portfolio Aeon Corporation Nagano, Japan. Foreign English leacher August '02 -September '03 + Teach conversational English to students, business professionals andhousewives ~+ Prepared/developed lessons uniyire to various levels + Worked with Japanese Teachers to develop cruriculum + Helped students progress with the English language ACHIEVEMENTS F~ ORGANIZATIONS ~ Cum Laude ~ Delray Beach Chamber of <B Student Leader of the Yeaz Commerce <9 President -Student Activities Board ~ Leadership Delray partiapant ~ Senior Class President t6 Habitat For Humanity Plu Theta Kappa f9 Women For Excellence ~ Volunteer UCF 3~ Catholic Course] of Women ~ Rotary International, Dekay Sunrise g, Florida Women s Business Center Advisory Boazd MEMORANDUM TO: Mayor and City Commis~si-orners FROM: City Manager ~ l'7~c3~`~C~ DATE: November 28, 2007 SUBJECT: AGENDA ITEM 1p•A. -REGULAR COMMISSION MEETING OF DECEMBER 4, 2007 ORDINANCE N0.46-07 - REZO_N.ING FOR MIDTOWN DELRAY. ASSOCIATED WAIVER R_EOUESTS. AND.. SITE PLAN APPEAL ITEM BEFORE COMMI33ION 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 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 aze subject to the family workforce housing ordinance) and 29,571 square feet of medical offices to be located at the southwest comer of Linton Boulevazd and Old Germantown Road (4600 Linton Boulevard). Also before the Commission are two associated waiver requests and an appeal of the Site Plan Review and Apperance Boazd's (SPRAB) approval of the site plan, landscape plan, and architectural elevations. 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. At the November 20, 2007 Regulaz Commission Meeting, the City Commission voted to postpone Ordinance No. 46-07 and the appeal of SPRAB's approval to a date certain of December 4, 2007. RECOMMENDATION Commission discretion regarding second reading for Ordinance No. 46-07, the two associated waivers, and the appeal of SPRAB's approval. 1~•IQ and 10.A.~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CANDI N. JEFFERSON, SENIOR PLANNER ~~"~~~ • ~~~_ PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING /n, THROUGH: CITY MANAGER ~-~-~SS~S"~+ l/ ~~ ~~~~'~ ~` ~ DATE: NOVEMBER 27, 2007 SUBJECT: AGENDA ITEM # -REGULAR MEETING -DECEMBER 4. 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 December 4, 2007 SAD Rezoning of Bloods Hammock Graves for Midtown Delray 1. That the applicant shall at a minimum revise the site plan and landscape plan to comply with the required 25% open space preserve area requirement. 2. That the ingress and egress drive way to the proposed development shall be modified; 3. That the proposed landscape perimeter buffers shall be substantially increased. 4. That a 5 foot wide sidewalk shall be provided along Park Access Road and Linton Boulevard, and that the 5 foot wide sidewalk be depicted on the site plan, landscape plan, and engineering plans; 5. That the workforce housing units shall be evenly distributed among all proposed townhouse buildings. 6. That every effort should be made along the western property line along Orchard Lane to stagger buildings number ten, twelve, fourteen, fifteen and sixteen. 7. That the exterior perimeter landscape buffer shall be increased where possible to maximize buffering along Orchard Lane and Park Access Road. Subsequent to the October 24, 2007 SPRAB meeting, the applicant revised the development plans to comply with the Board's conditions of approval and the City Commission directions. These modifications included 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; 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. 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 4, 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 2 City Commission Documentation, Meeting of December 4, 2007 SAD Rezoning of Bloods Hammock Groves for Midtown Delray 6. Review of certain landscaping issues in order to maximize potential buffering At its meeting of November 20, 2007, the City Commission moved by a vote of 4-0 to postpone the rezoning and appeal to tonight's meeting of December 4, 2007. Further revisions addressing the Site Plan Review and Appearance Board (SPRAB) conditions of approval were received on November 20, 2007. These additional changes include the following: 1. The ingress and egress of the project has been modified to include a connection between the residential and commercial areas and a right turn only into the development from Linton Boulevard; 2. The existing landscape buffer along Orchard Lane will be maintained as part of the natural preserve. The landscape buffer has been enhanced with additional landscaping in order to provide a more substantial buffer. 3. The townhouse buildings containing workforce housing units have been evenly dispersed throughout the site plan; 4. Traffic calming devices have been added internal to the development as well as on Park Access Road; 5. Several meetings were held between the City Engineering Department and the traffic engineers to discuss various solutions regarding the entrance to the school. The consensus was to provide a raised crosswalk along with two stop signs, which has been provided and is indicated on the site plan; 6. Sidewalks have been added along Linton Boulevard and Park Access Road in order to provide for pedestrian traffic; 7. The photometric plan has been revised to comply with the Land Development Regulations of the City of Delray Beach; 8. The residential buildings along the western property line have been staggered in the rear of the buildings (in addition to the already staggering of the units in the front); 9. The ends of the buildings (side elevations) have been further enhanced with architectural features including a new balcony; 10. There are a total of five (5) colors being proposed for this project. Each townhouse building type will have a different combination of these colors in order to create variation throughout the site plan; 11. The residential buildings along the western property line have been staggered in the rear of the buildings; and, 12. 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. 3 City Commission Documentation, Meeting of December 4, 2007 SAD Rezoning of Bloods Hammock Groves for Midtown Delray WAIVERS The modified plans eliminate the need for two waivers (open space and stacking distance). The following two waivers are requested: • 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)]; • 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)], An analysis of the aforementioned waivers is attached in "Exhibit B". 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. Attachments: • Exhibit "A" SPRAB Conditions of Approval • Exhibit "B"Waiver Analysis • City Commission Staff Report of November 20, 2007 • Revised Plans for Midtown Delray 4 City Commission Documentation, Meeting of December 4, 2007 SAD Rezoning of Bloods Hammock Groves for Midtown Delray EXHIBIT - "A" 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; 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; 5 City Commission Documentation, Meeting of December 4, 2007 SAD Rezoning of Bloods Hammock Groves for Midtown Delray 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. 6 City Commission Documentation, Meeting of December 4, 2007 SAD Rezoning of Bloods Hammock Groves for Midtown Delray EXHIBIT - "B" The proposed Ordinance 46-07 amends SAD rezoning Ordinance 51-95 for Midtown Delray and includes the following two (2) waiver requests: A waiver to reduce the required roadway pavement width from 24 feet to 20 feet [LDR Section 6.1.2(C)(3)(a)]; 2. 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, 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. Analysis of Waiver #1: 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 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 City Commission Documentation, Meeting of December 4, 2007 SAD Rezoning of Bloods Hammock Graves for Midtown Delray vehicles within the street access tracts. Consequently, a positive finding with respect to LDR Section 2.4.7(6)(5) can be made. Analysis of Waiver #2: Pursuant fo LDR Section LDR Secfion 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. 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. ORDINANCE NO. 46-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, AMENDING SECTION 4.4.25(G), "S.A.D.s," TO ADD SUBSECTION (9) MIDTOWN DELRAY TO THE LIST OF APPROVED S.A.D.s; AMENDING ORDINANCE NO. 51-95 BY REPEALING SECTIONS RELATED TO THE BLOOD'S COMMERCIAL PROJECT MASTER PLAN AND PROVIDING FOR REVISED REGULATIONS GOVERNING THIS SPECIAL ACTIVITIES DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Midtown Delray, LLC is the fee simple owner of the parcel of land as more particularly described herein; and WHEREAS, the subject property hereinafter described is within the corporate limits of the City of Delray Beach, Florida; and WHEREAS, the subject property hereinafter described presently has a Future Land Use Map (FLUM) 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 Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. 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. 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, Palm Beach County, Florida, described as follows; Commence at the Northwest corner of the Plat of Foxe Chase, as recorded in Plat Book 38, Pages 1 and 2, of the Public Records of Palm Beach County, Florida, thence South O1°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 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 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 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 azc of said curve, a distance of 67.39 feet; thence North O1°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 O1°30'15" East a distance of 407.76 feet; thence south 43°29'45" West a distance of 196.15 feet; to a point of curve concave to the Southeast with a central angle 45°00'00" and a radius of 380.00 feet; thence Southwest and South, along the arc of said curve, a distance of 298.45 feet to a point on a line 600.00 feet West of and pazallel to the West line of said plat of Foxe Chase; thence South O1°30'15" East along said pazallel 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 granted for a mixed use development including a 29,571 sq. ft. medical office building, 84 market rate residential townhomes and 32 workforce residential townhomes. 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 or City. 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 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 sepazate 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), (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 declared 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 regulaz session on second and final reading on this the day of , 2007. ATTEST MAYO R City Clerk First Reading Second Reading 3 EXHIBIT "A" IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR MIDTOWN DELRAY ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. These waiver requests have come before the City Commission on December 4, 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 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 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(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 and also with the condition that the HOA documents contain a prohibition on the parking of vehicles within street access tracts? 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 6.1.2 (C)(3)(a) (reduce the paving width from 24 to 20 ft) 6.1.3 (D)(1)(b) (sidewalk construction on just one side of street) 6. 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'3' i i i , `~ ~_ ;` o. ~i ~~ 5 ~ 9 s s .e'r`y . /, ~+ ~~ ~ ~ ~~~~ M '` LJ t SIMMONS WHITE ENGINEERING 1 PLANNING CGNGGLTING I SINCE 7982 March 9, 2007 Job No. OS-066C Revised 4/9/07 Revised 6/4/07 Revised 6/22/07 Revised 10/22/07 Revised 11/02/07 TRAFFIC IMPACT STATEMENT Midtown Village Delray Palm Beach County, Florida SITE DATA The subj ect parcel is located on the south side ofLinton Boulevard just east of Military Trail in Palm Beach County, Florida and contains approximately 9.56 acres. The Property Control Numbers for the subject paroe] aze 12-42-46-25-00-000-3010 and 12-42-46-25-00-000-3020. Proposed development of the unimproved pazcel consists of 29,571 S.F. of medical office area and 116 multi-family dwelling units with a project build-out of 2010. Site access is proposed via two (2) driveway connections to Park Access Road which has full access to Linton Boulevard. For additional information concerning site location and layout, please refer to the Site Plan prepared by Draper Technologies. PURPOSE OF STUDY This study will analyze the proposed development's impact on the surrounding major thoroughfares within the project's radius of development influence in accordance with the Palm Beach County Unified Land Development Code Article 12 -Traffic Performance Standards. The Traffic Performance Standards state that a Site Specific Development Order for a proposed project shall meet the standards and guidelines outlined in two separate "Tests" with regard to traffic performance. Simmons & White, Inc. 5601 Corporate Way Suite 200 West Palm Beach Florida 33407 T: 561.478.7848 F: 561.478.3738 www.simmonsandwhite.corn Certificate of Authorization Number 3452 Traffic Impact Statement Job No. OS-066C March 9, 2007 -Page 2 Revised 4/9/07 Revised 6/4!07 Revised 6/22/07 Revised 10/22/07 Revised 11/02/07 PURPOSE OF STUDY (CONTINUED) Test 1, or the Build-out Test, relates to the build-out period ofthe project and requires that a project not add traffic within the radius of development influence which would have total traffic exceeding the adopted LOS at the end of the build-out period. This Test 1 analysis consists of two parts and no project shall be approved for a Site Specific Development Order unless it can be shown to satisfy the requirements of Parts One and Two of Test 1. Part One - Intersections, requires the analysis ofmajor intersections, within or beyond aproject's radius of development influence, where a project's traffic is significant on a link within the radius of development influence. The intersections analyzed shall operate within the applicable threshold associated with the level of analysis addressed. Part Two -Links, compares the total traffic in the peak hour on each link within a project's radius of development influence with the applicable LOS "D" link service volumes. The links analyzed shall operate within the applicable thresholds associated with the level of analysis addressed. Test 2, or the Five Year Analysis, relates to the evaluatiton of project traffic five years in the future and requires that a prof ect not add traffic within the radius of development influence which would result in total traffic exceeding the adopted LOS at the end of the Five Year Analysis period. This test requires analysis of links and major intersections as necessary within or beyond the radius of development influence, where a project's traffic is significant on a link within the radius of development influence. This analysis shall address the total traffic anticipated to be in place at the end of the fifth year of the Florida Department of Transportation Five Year Transportation Improvement Prograzn in effect at the time of traffic analysis submittal. The existing roadway network as well as both the State and Palm Beach County Five Yeaz Road Program improvements, with construction scheduled to commence prior to the end of the Five Year Analysis Period, shall be the Test 2 roadway network assumed in the analysis. The total traffic in the peak hour on each link within a project's radius of development influence shall be compared with the applicable LOS "E" service volumes. The links analyzed shall operate within the applicable thresholds associated with the level of analysis addressed. Traffic Impact Statement Job No. OS-066C March 9, 2007 -Page 3 Revised 4/9/07 Revised 6/4/07 Revised 6/22/07 Revised 10/22/07 Revised 11/02/07 PURPOSE OF STUDY (CONTINUED) This study will verify that the proposed development's traffic impact will meet the above Traffic Performance Standards. TRAFFIC GENERATION The traffic to be generated by the proposed facility has also been calculated in accordance with the traffic generation rates listed in Tables 10.8-1 Fair Share Road Impact Fee Schedule of Article 10 and the ITE Trip Generation Manual, 7'~' Edition as shown in Table 1, Table 2 and Table 3. Table 1 shows the daily traffic generation associated with the proposed plan of development. Tables 2 and 3 show the A.M, and P.M. peak hour traffic generation, respectively. The traffic to be generated by the proposed development (30,000 S.F. of medical office area and 116 multi-family dwelling units) may be summarized as follows: Daily Traffic Generation = 1827 tpd A.M. Peak Hour Traffic Generation = 128 pht P.M. Peak Hour Traffic Generation = 164 pht RADIUS OF DEVELOPMENT INFLUENCE Based on Table 12.B.2.D-7 3A of the Palm Beach County Unified Land Development Code Article 12 -Traffic Performance Standards, for a net trip generation of 163 peak hour trips, the radius of development influence shall be two miles. For Test 1, a project must address those links within the radius of development influence on which its net trips are greater than one percent of the LOS "D" of the link affected on a peak hour two-way basis AND those links outside of the radius of development influence on which its net trips are greater than five percent of the LOS "D" of the link affected on a peak hourtwo-way basis up to the limits set forth in Table 12.B.2.C-1 lA: LOS "D"Link Service Volumes. Traffic Impact Statement Job No. OS-066C March 9, 2007 -Page 4 Revised 4/9/07 Revised 6/4/07 Revised 6!22/07 Revised 10/22/07 Revised 11/02/07 RADIUS OF DEVELOPMENT INFLUENCE (CONTINUED) For Test 2, a project must address those links within the radius of development influence on which its net trips are greater than three percent of the LOS "E" of the link affected on a peak hour two-way basis AND those links outside of the radius of development influence on which its net trips aze greater than five percent of the LOS "E" of the link affected on a peak hour two-way basis up to the limits set forth in Table 12.B.2.C-4 2A: LOS "E"Link Service Volumes. EXISTING TRAFFIC Existing A.M. and P.M. peak hour traffic volumes for the links within the prof ect's radius of development influence were available from the Palm Beach County Engineering Traffic Division. Background traffic, consisting of historical growth allowances famished by Palm Beach County, major project traffic, and anticipated development in the area was also considered. Table 4 attached with this report calculates the three yeaz historical growth rates for all ofthe links within the project's radius of development influence. The calculated growth rates are based on 2003 and 2006 peak season, peak hour traffic volumes. As previously mentioned, the proposed project will have a project build-out of 2010. The 2010 total traffic on each ]ink has been calculated using the rg eater of the following two combinations: the applicable growth rates calculated in Table 4 applied for the appropriate number of years, or a 1 % areawide growth rate applied for the appropriate number of years as well as all approved but unbuilt traffic listed on the "Approved Project Traffic Volumes" summary table received from the Palm Beach County Engineering Traffic Division. Please refer to the Appendix "B" attached with this report for a detailed analysis of all Approved Development in the area. The proposed project is expected to be built-out in 2010 and background traffic was projected to that time. Please refer to Tables 5 and 6 attached with this report for the 2010 analysis. Traffic Impact Statement Job No. OS-066C March 9, 2007 -Page 5 Revised 4/9/07 Revised 6/4/07 Revised 6/22/07 Revised 10/22/07 Revised 11/02/07 TRAFFIC ASSIGNMENT/DISTRIBUTION The distribution of project trips was based upon the existing and proposed geometry of the roadway network, a review of the existing and historical travel patterns, and a review of the proposed development and improvements in the azea. The distributed traffic for the retail azea and congregate living facility portion of the project was assigned to the links within the project's radius of development influence and can be seen in the Project Distribution Figure attached with this report. Based on the prof ected total A.M. and P.M. peak hour traffic volumes and threshold volumes for the links within the project's radius of development influence as shown in Tables 5 and 6, this project meets the applicable Peak Hour Traffic Volume Link Performance Standards listed under "Test One -Part Two" of the Palm Beach County Traffic Performance Standards on all links within the project's radius of development influence. INTERSECTION REVIEW The development of the subject parcel is not anticipated to result in excess often percent of total traffic on an average peak hour total traffic basis leading to any signalized intersection. However, as a requirement of part 1 of Test 1 of the Palm Beach County Traffic Performance Standards, the intersections of Linton Boulevard at Military Trail and Linton Boulevazd at Homewood Boulevazd must be analyzed. A detailed analysis of these intersections has been performed and can be seen in Appendix `B" attached with this report. The above referenced intersections have been analyzed using the adjusted fuming movement volumes attached with this report in accordance with the methodology set forth in the Transportation Research Board Special Report 209, Planning Analysis. As the results in the Intersection Analysis (attached as Appendix `B") show, the sum of the critical movements during the peak-season, peak-hours at project build-out are less than the adopted Level of Service critical movement volume of 1400 vph. Traffic Impact Statement Job No. OS-066C March 9, 2007 -Page 6 Revised 4/9/07 Revised 6/4/07 Revised 6/22/07 Revised 10/22/07 Revised 11/02/07 INTERSECTION REVIEW (CONTINUED) CRITICAL SUM CRITICAL SUM INTERSECTION A_M. P_M. Linton Boulevazd at Military Trail 1358 1280 Linton Boulevard at Homewood Boulevard 712 641 Based on conversations with the City of Delray Beach Staff the following stop controlled intersections were analyzed: Germantown Rd at Homewood Blvd Park Access Rd at Old Germantown Rd NORTH APPROACH A.M. LOS (DELAY) C (23.4 seconds) OVERALL A.M. LOS A FIVE YEAR ANALYSIS NORTHAPPROACH P.M. LOS (DELAY) C (15.1 seconds) OVERALL P.M. LOS A Test 2, or the Five Yeaz Analysis, relates to the evaluation of project traffic five yeazs in the future and requires that a project not add traffic within the radius of development influence which would result in total traffic exceeding the adopted LOS at the end of the Five Year Analysis Period. Tables 5 and 6 show the projects net trip generation is less than three percent of the applicable LOS "E" threshold for all links within the projects radius of development influence. This project therefore meets the requirements of Test 2. SITE RELATED IMPROVEMENTS The A.M. and P.M. peak hour fuming movement volumes and directional distributions at the project entrances for the overall development aze shown in Tables 2 and 3 attached with this report and may be summarized as follows: Traffic Impact Statement Job No. OS-066C March 9, 2007 -Page 7 Revised 4/9/07 Revised 6/4/07 Revised 6/22/07 Revised 10/22/07 Revised 11/02/07 SITE RELATED IMPROVEMENTS (CONTINiJED) DIRECTIONAL DISTRIBUTION (TRIPS IN /OUT) A.M. Peak Hour = 68 / 64 P.M. Peak Hour = 73 / 96 As mentioned in the SITE DATA portion of this report, site access is proposed via two (2) driveway connections to Park Access Road which has full access to Linton Boulevard. Based on the project turning movements, it appeazs no turn lanes will be required. CONCLUSION The proposed development results in an increase of 1827 daily trips, 128 A.M. peak hour and 164 P.M. peak hour trips, from the existing development at project build-out in 2010. Based on an analysis of existing and project traffic characteristics and distribution, as well as the existing and future roadway network geometry and traffic volumes, this overall project meets the Five Year Analysis Test as required by the Palm Beach County Traffic Performance Standards. 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ENGINEERS * PLANNERS # CONSULTANTS LINTON BOULEVARD 27 (2s) 25 (38) w 0 U O SITE _J (z2, 12 (59) 1068 3 (15) --- 4y 0 27 (30) 26 (39) ERMANTOWN + 12 (5) ~~ (9) 10 (4) V V Q QQ ~ ~_/ 0 / ' (D) LEGEND TURNING MOVEMENT WORKSHEET 15 AM PEAK HOUR TURNING MOVEMENT MIDTOWN DELRAY (15) PM PEAK HOUR TURNING MOVEMENT 05-66B C.C. 01-15-07 155 ADT DRNEWAY VOLUME REVISED REVISED 05-30-07 06-04-07 REVISED 10-22-07 ~~ (0) 5601 CORPORATE WAY, SURE 20D, WEST PALM BEACH, FLORIDA 33407 TELEPHONE (561) 478-7848 ~\ ~/ CMA INTERSECTION ANALYSIS MIDTOWN VILLAGE DELRAY LINTON BOULEVARD AND HOMEWOOD BLVD INPUT DATA Comments: Growth Rate= 1.71~k Peak Benson= 1.00 Current Year= 2005 8uildout Year= 2010 INPUT DATA Growth Rete = 1.77% Peak Season = 1.12 Currenf Year= 2005 Builtlout Year= 2010 CMA INTERSECTION ANALYSIS MIDTOWN VILLAGE DELRAY LINTON BOULEVARD AND MILITARY TRAIL Comments: _ I Growth Rate= 125% Peak Season= 100 Cunent Year= 2006 BuOdout Year= 2010 INPUT DATA Growth Rate= 7.25% Peak Season• 7.00 Current Year= 2006 Buildout Year= 2D70 CMA INTERSECTION ANALYSIS MIDTOWN VILLAGE DELRAY GERMANTOWN ROAD AND HOMEWOOD BLVD INPUT DATA Comments: Growth Rate= 1.00°~ Peak Beacon= 1.OB Current Year= 2007 Buildout Year= 2010 AM Peak Hour INTER SECTION VOLUME DE VELOP MENT 0 2 7 209 1 18 4 292 2 8 117 23 0 0 1 17 0 1 0 23 0 0 9 2 D '0 0 7 D 1 0 10 0- 0 4 1 0 0 D 7 0 1 0 10 0 0 4 1 o D o 0 0 0 o D o 0 0 0 0 0 0 7 D 1 0 10 0 0 4 1 0 0 0. 0 0 0 0 13 0 0 13 0 Total 0 2 8 233 1 20 4 338 2 7 143 28 A roach Total 10 254 345 175 CRITICAL VOLUME ANALYSIS > 1 < > 1 < > 1 < > 1 < 0 10 0 0 254 0 0 345 0 0 175 0 0 0 0 0 0 0 0 0 0 1D 233 254 4 34 5 7 17 5 10 254 345 175 233 0 7 4 243 254 351 180 25 4 35 1 Intersection Critical Volume 60 5 STATUS? UNDER INPUT DATA Grovrth Rate= 1.00% Peak Season='1.08 Curtent Year= 2007 Butldout Year= 2010 PM Peak Hour INTER SECTION VOLUME DE VELOPMENT 1 0 2 '15 t 11 16 124 1 4 400 96 0. 0 D 1 0 1 1 10 0 D 32 B 0 0 0 0 0 0 1 4 0 0 13 3 0 0 0 0 0 0 1 4 0 0 13 3 0 0 0 0 0 D 0 0 0 0 0 0 0 0 0 0 0 0 1 4 D 0 13 3 0 0 0 0 0 0 0 18 0 0 15 0 Total 1 0 2 17 1 12 18 156 1 4 460 107 roach Total 3 30 175 571 Critical Volume Anal fs > 1 e > 1 < > 1 < > 1 < 0 3 0 0 30 0 0 175 0 0 571 0 0 0 0 0 0 o a o 1 3 17 30 18 175 4 571 3 30 175 571 17 1 4 18 20 31 179 589 31 58 9 Intersection Critical Volume 62 0 STATU$7 UNDER ~ TWO-WAY STOP CONTROL SUMMARY nal st CC en /Co. S/MMONSANDWHITE Date Performed 1023/2007 nal sisTimePeriod MPEAKHOUR lum novement 1 2 3 4 5 8 L T R L T R olume veh/h 18 156 1 4 460 107 Peak-hour factor, PHF 0.95 0.95 0.95 0.95 .0.95 0.95 Hour) Flow Rate veh/h) 18 164 1 4 484 112 Proportion of heavy ivY~i~loc P 1 ~ - 1 Movement 7 8 9 10 11 12 L T R L T R olume veh/h 1 0 2 17 1 12 Peak-hour factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 Hour) Flow Rate (veh/h 1 0 2 17 1 12 Proportion of heavy ehiGes, PM, 1 i 1 1 1 1 Percent grade (°k) 0 0 Flared approach N N Storage 0 0 RT Channelized? 0 0 Lanes 0 1 0 0 1 0 Confi uration LTR LTR Control Dela Queue L en f h Level of Service proach EB WB Northbound Southbound Movement 1 4 7 8 9 10 11 12 Lane Configuration LTR LTR LTR LTR olume, v (vph) 18 4 3 30 Capaaty, cm (vph) 985 1419 549 385 /c ratio 0.02 0.00 0.01 0.08 Queue length (95%) 0.06 0.01 0.02 0.25 Control Delay (s/veh) 8.7 7.5 11.6 15.1 LOS A A 8 C pproach delay (sNeh) - - 11.6 15.1 pproach LOS - - 8 C HC57000~ Copyright O 2003 i7oiversiry ofFlorid~ All Rights Reserved Version a.lf TWO-WAY STOP CONTROL SUMMARY General Information Site information nal st CC Intersection ~ERMANTOWN& en /Co SIMMONS AND WHITE HOMEWOOD . Date Performed 10/23/2007 Jurisdiction PBC nal sis Time Period M PEAK HOUR nal sis Year 2010 Pro ect Descri Uon MIDTOWN DELRAY East/WestStreet: GERMANTOWNROAD North/SouthSVeeY. HOMEWOODBLVD Intersection Orientation: East-West tud Period hrs : 0.25 ehicle Volumes and Ad'ustments Ma'or Street Movement 1 Eastbound .2 3 4 Westbound 5 6 L T R L T R olume veh/h 4 338 2 7 143 26 Peak-hourfactor PHF 0.95 0.95 0.95 0.95 0.95 0.95 Hourl Flow Rate (veh/h 4 355 2 7 150 27 Proportion of heavy ehicles, P~ 1 - - 1 - Median a Undivided RT Channelized? 0 0 Lanes 0 1 0 0 1 0 Configuration LTR LTR U stream Si nal 0 0 Minor Street Northbound Southbound Movement 7 8 9 10 11 12 L T R L T R olume veh/h 0 2 8 233 1 20 Peak-hour factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 Hourl Flow Rate (veh/h) 0 2 8 245 1 21 Proportion of heavy ehicles, PM, 1 1 1 1 i i Percent grade (%) 0 0 Flared approach N N Storage 0 ~ 0 RT Channel¢ed? 0 0 -Lanes 0 1 0 0 i 0 Confi uration LTR LTR Control Dela Queue Len th Level of Service pproach EB WB Northbound Southbound Movement 1 4 7 g 9 10 11 12 Lane Configuration LTR LTR LTR LTR olume, v (vph) 4 7 10 267 apacity, cm (vph) 1405 1207 618 457 lc ratio 0.00 0.01 0.02 0.58 Queue length (95%) 0.01 0.02 0.05 365 Control Delay (s/veh) 7.6 8.0 10.9 23.4 LOS A A B C pproach delay (s/veh) - -- 10.9 23.4 pproach LOS - - B C NCS.2000T1't Copyright O 1003 University of Florida All Rights Reserved Versi°n 4.1 t AM ANALYSIS PROPOSED CONDITIONS 3: DWY & Park Access Rd 11/2912007 lane Allowed No Saturation A (vph) 0 142 Saturation B (voh 0 0 No No ~.() '.?~ i` sr,~'T-a ~ 4s& tse, t:~ z ., si uti 1564 1650 0 1717 0 1650 NA NA 7.2 7.6 No Ref Time Separate (s) 0 8 0 2 4 9 0 9 2 _ 0 0 .... ~ ~~~ t ~~ pp ~~ ,..a z~tl~~,7 , ~~~..., ,{i. F ,ai ~~ sa ~'aa~x,:a ~ ` m,ai`.Y~r ~„~l.F ~ _~ F, e; ~ _,nm-.t _.., ~... F t ... ..~. , f~eti ~ . z ' , i ,. ..~?J-: "° Adj Reference Time (s) w..a. .-., ,r, nKi 8.0 8.0 . ,~,i.. 11 2 . .... , a,.. -, 11.2 . .. 11.6 11.6 31.8 31.8 Protected Option (s) NA ~ _......... a._,.~~. ....,_-,..~_, . °,,.,:~ -,.rr,.__ Baseline Synchro 7 • Light: Report °kuser name°k Page 1 ¢Volume Combmed (vph) 0 15 y„~.0 74 ~,9~9y 0 u ~yyu~~a u u 4u ~ 1~1'~...-.• -iN~Qrtv,,sm. -~. °~i:SF6Yd(~...~.z;~lf3~ aLx~.iii~?f~1~t°,~ ~.uM1~~' '~.::. ";1'~~; ~;~~ ,~ Tumin~,,~~F,rractor (vp~~hq)~q 0 95 0 96 0 85 0 95 0.87 0 85 0 95ry 090 0 85 0 95 0 97 0 85 ~4~Iy~~t~K?s7 rtm i', . °~ IN +"~. ~„+~,y,d ~ x'} ~~,~,.: ~ ~,~. ~~. ~. ~t~i 'a z ,~V ~ r.. ~'~~,~~ 9 ~ ~ ~ .'.,~` .. ,~, PedlntfTme(s) 0.0 00 0.0 0.0 00 00 DO 00 00 00 00 0.0 Combined (s) Intersection Capacity Utilization 44.0% ICU Level of Service A Reference Times and Phasing Options do not represent an optimized timing plan. .......... Ref Time Seuerate (s) 3.9 0.9 2.5 «,,~ , - . s. . ~ . : .... .. ..... Adj Reference Time (s) 8.9 8.9 14.2 14.2 15.7 15.7 22.3 22.3 Baseline Synchro 7 -Light: Report %usar_name°k Page 1 PM ANALYSIS PROPOSED CONDITIONS 3: DWY ~ Park Access Rd 1vz9noo7 Combined (s) Interseciion Capacity Utilization 50.9°~ ICU Level of Service A Reference Times and Phasing Options do not represent an optimized timing plan. xaAFFIC saavs)c sl>sc3wlsrs, aac. OIID CSRMANSORN ROAD 6 RONEIgOD BDULSVARD 624 OARDSNIA TSRRACS DRLIaAY RBAfD{, FLORIDA DSLRAY BP,ACE[~ F3/J0.IDA 33444 (,yi7N1'RD BY: ANDREAS 17030DORAICIS (961) 373.7255 FAX (561) 272-4361 NOT SIGNwILID ALL VSf1ZCLE8 xorrorxooD BomsvARn IoLD aaal7ARmoNN RDAs IaRD®mR1Aa aaxvD FiOm North IFrom Sest (From 9euth I I Right Thtu t11YtYa Left I Right Thru OT:n:a Lett I Right Txzv OTam Dace 10/SB/07 _____________________________________________________________ aite coax ooD7o24a Start Date: 10/18/07 File 2.D. : GaRR0.0eta Page 1 ____________________________________________ TOLD Ol0a4J7209PN ROAD I IPtoID Neet I 1 I LeCC 1 RSgxt ihrv VTUrn Left I Tetai 07:00 0 1 0 6 1 2 24 0 0 1 3 0 D L I 0 34 0 1 1 70 07t 15 1 2 0 33 I 3 33 0 0 1 1 1 D 0 1 D 27 D 0 1 95 07:30 7 0 0 38 I 7 37 2 0 1 1 0 0 D I 0 3A 0 3 1 336 07:45 3 0 0 66 I 9 41 0 1 1 2 0 ~ 0 0 1 1 38 O 1 1 162 yr 1bCa1 6 3 D 143 I 20 135 2 1 1 5 1 0 1 1 1 132 D 3 453 00:00 6 1 0 71 I 3 ]8 0 0 1 ] 1 0 0 1 0 51 0 2 1 163 OBt15 7 0 0 44 I 6 31 1 2 2 1 0 0 1 0 104 0 D I 190 O B:74 2 0 0 2B 1 5' 17 0 ] I 1 0 0 0 1 1 99 0 1 1 156 00:45 7 1 0 30 I 10 26 0 i t 1 0 0 D I 0 76 0 2 1 139 I3r Total 17 2 0 363 I 24 102 1 5 1 6 2 0 0 1 1 330 0 5 1 650 _.________ ~ gagpg • ________________________________________________________________________________________________________________ 16:00 3 0 0 2 1 14 56 0 1 1 0 1 0 0 1 1 ]7 0 1 1 106 16:15 7 0 D 7 1 14 37 1 D I 0 0 0 1 1 1 29 0 2 1 94 16sD0 ] 0 0 9 1 17 68 0 ] I D 0 0 D I 1 25 0 1 1 1]5 16:95 4 0 0 4 1 9 eD 0 0 1 ] 0 0 D ] 70 0 2 1 133 }Sr 1bta1 11 0 0 ]2 I 54 241 1 3 1 ] 1 0 3 1 5 111 D 6 1 458 17100 2 0 0 3 1 20 110 0 1 1 0 0 0 0 1 0 35 0 2 1 173 17:15 4 0 0 1 1 28 205 0 ] I 0 0 D D I 0 30 0 ] f 175 17:30 1 1 0 B I 38 lOB 0 1 1 2 0 0 0( 0 29 0 5 1B3 17 45 { 0 0 D I TO - 77 0 0 I' D D 0 1 1 1 70 D 7 1 140 ltr 1bte1 11 1 0 15 I 96 400 0 4 I ] 0 0 1 1 3 124 0 16 I 671 ~T9TAL~ 45 6 0 343 1 194 876 4 13 1 15 4 D 3 1 B 697 0 30 1 2240 1RAFFIC SDAVSY BPBCIALTBT6• INC. 07.D GERNANIONN ROAD c BORBWOOD 80UL8VARD 634 OARD@7IA T1'RRAfg - Site Code t 00070343 DELFAY BBACA• FLORIDA DELRAY SRACR, FLORIDA 37444 Start Data: SDJla/07 CX7IDa1'BD BY: ANDREAS 1383oD0RART8 (561) 377.1255 FAX 0561) 273.4381 FS1o I.D. : OERnDa7F1B NOT SIGNALIZED Page 2 ALL V68ICL86 HONBWOOD BOOLNARD IOLD OERMATTDWN ROAD ICR&BNBRLAR DRIVR IOLD O8Rl91N1Y1NN ROAD From North ~Piom Bast IPrem 6wth From Weat 1 Right 174ra Dxurn I Left I Aight 7hru T17'Ilrn I kft I Right Thin D1Um kPt I Right 1'Dru i71Vrn Ddte 30/18/07 ________________ ____________•______•._.___.. _.•._____.._______..•••____ Peek Roux Am17ro1e By PenLiie Snteroect l0a foi the Period: 07:00 tD 09:00 on 10)18/07 PeeK aCeit 07:45 I 07:45 I 0]:45 I 07:45 VD1emo 18 1 0 209 ~ 31 117 l S I ] 2 D 9 I 3 292 - 0 Paremt e4 O4 O4 '924 I 164 804 14 34 I ]84 224 O4 O4 I 14 99# Ot 1?k Cotal 328 I 196 I 9 I 298 iiigheet 09e00 I 07:45 I 08:00 I 06:15 Velume 6 1 0 ]1 I 9 41 0 S I 2 1 0 O I 0 106 0 ffi fetal 7B I 31 I 3 ~ 104 PHF .]E I .]2 I .75 I .72 HONiSWOOD BOULEVARD • 18 1 209. 4 2 23 I8~ 11 209II 29 228 ~ OLD GERMANTOWN ROAD 0 117 135 18 4 4 • 292 292 • 2 2 ) 257 1 • AI,L VEHICLES 146 433 654 1 I---- 18 I I Lett I 1bLa1 4 It I I 01 • 23 23 • 127 117 • 6 6 298 Intersection Total 209 687. 508 292 7 OLD GSRMANTOWN ROAD 6 •_ 0 1 2 ----~9 ~----0 GREENER AR DRIVE 9 2 -----z TRAFFIC HURVRY BPRCSALISTH, INC. OLD OHRAfA!"fOWH ROAD 4 ROMRNODD HOVLHVARD 624 CARDRNIA TERRACE SLCe COde : 00070343 DBLRAY HEACR, FLORIDA DELRAY HEACR, FLORIDA 33444 SCait Torte: 30/iB/07 COIA.OT6D HY: ANDREAR S17E000RAICI6 (561) 272-J365 FA% (561) 272-f391 F13e LD. a GEAklIOt~ NOT 61GINALIZRD - Page : 3 ALL VERICLHB RONBROOD HODL6VARD DLD GERMAa7TINN ROAD IGRE8li8RIAR IIRIVE OLD OHRWOFPOIPai ROAD From North ~Ftem East From 6auth (From West I ASght Thro D11xzn Lett I RSghC T ~ 71zu Ofura Lett ~ ASght Thru DTUZn Latt ~ I Right Thra I it111rn Left ~ 1bta1 Dace 1o/le/D7 ______________________ ___________ ___ Peek Hour Anelyei9 By Satire IntereeCGlOn for Che Paslodx 16:00 to 19100 an 10/18/07 Peak atarC 17:00 I 17:00 ~ 17:D0 ~ 17e00 Volune 11 1 0 SS ~ 96 400 0 4 ~ 1 0 0 1 ~ 1 334 0 16 Pereeat 414 44 04 96R I 39k 804 04 ltr ~ 674 04 04 334. 1 14 9Bt 04 11F I Pk total 37 ~ 500 ~ 3 ~ 141 xignest 17x30 ~ 17:30 I 17:30 ~ 17:45 I volm0e 1 1 0 9 1 2B lDe o 1 ~ 2 0 0 0 l 1 Jo D 7 1 lii tool 10 ~ 137 ~ 3 I 3a I P8F .66 I .91 I .36 ~ .9J HOMEWOOD BOULEVARD 11 1 15 16 0 96 11~ 11 15~I 112 27 ' OLD GERMANTOWN ROAD 1 400 412 11 • 16 16 • 124 124 - 1 1 ) 139 ' r 96 li 96 • ALL VEHICLES • 400 500 40D j I 4 553 641 I 4 141 Intersection Total (. 15 671 141 124 2 OLD GERMANTOWN ROAD ~•-- 3 4 1 1 1 -----6 -----I GREENHRLDR DRI 01• -----OI ----- 0 Y W~ S da~--S G~`ERMkK i bw.v 7 .~ m~ ~.Y ~P OC~ad~C / ~ ~ Zoo 'DE`~~Y 6¢„pcCEf~ FLO~c4fk OR~~/~ Sys ICES/ff M~ fs~4~~~~ T ~(0 ~ (lo tt 0 KoT $t4FlkuZfSq Traffic Survey Specialists, Inc. 624 Gardenia Terrace Delray Beach, Florida 33444 Phone (561) 272-3255 Volume Report with 24 Hour Totals Page 1 r*xxxxxxxxxxxxx,rx,exxxxx*xx*xx:rxxxxxxxxxx+~xxxxxx,rxxxxxxx,r,rxx~x,rx*xxxxxxxxx,rxxxxx Data File D1tl18003.PRN Station 000000101702 Identification 000210521005 Interval 15 minutes Start date Oct 18, 07 Start time OO:oo Stop date Oct 18, 07 Stop time 24:00 City/Town Delray Beach, F1 County Palm Beach Location Germantown Rd W of Rabbit Hollow Drive **xxxxxxxxxxx x:r'xxxxxxxxxxxx*x*xxxxxxxxxxxxxxx,rxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxtx Oct 18 Westbound Volume for Lane l -------- ----------------- End Time 00 O1 02 03 04 OS D6 07 08 09 10 it 15 3 5 2 2 4 8 8 27 33 39 30 25 30 1 0 0 2 B 4 7 40 32 3'1 36 36 45 2 1 2 9 3 6 16 43 21 23 29 36 _--00--- -_-2 1 2 3 4 3 17 51 25 29 30 49 ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- Hr Total 8 7 6 16 i9 21 46 161 11I 122 125 146 ----------------------------------------- End Time 12 13 14 15 16 17 18 19 20 21 22 23 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- 15 53 37 32 32 56 108 80 31 20 13 16 7 30 45 27 40 37 42 103 60 25 16 14 4 4 45 43 34 41 54 72 104 42 17 19 4 8 3 __-00--- --31 41 33 38 75 73 44 25 13 11 4 2 ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- Hr Total 172 139 146 16i 245 388 226 98 66 42 32 16 ---------------------------------- -------------------------------------------- 24 Hour Total 2523 - AM peak hour begins : 11:30 AM peak volume 163 Peak hour factor D.86 PM peak hour begins : 16:45 PM peak volume 390 Peak hour factor 0.90 **xxxxexxxx,txrexxxxxxxxx:rxxx,rxxxxxxxrx,.xxx*xxxx**xxx:xxxx,r,r*+**xxxx*xxxx,rx~xxx*x Oct IB Eastbound Volume for Lane 2 End Time 00 O1 02 03 04 OS 06 07 08 09 10 11 -------- ---- ---- ---- _ __ ---- ---- ---- ---- ---- ---- 15 4 0 1 0 1 4 3. 31 43 60 20 25 30 3 3 1 1 0 1 10 19 95 39 24 25 45 4 1 0 1 D 7 13 30 96 39 35 44 00 --_2 0 0 0 5 3 18 36 67 23 33 43 -------- ---- ---- ---- _ _ Hr Total 13 4 2 2 6 15 44 116 301 16I 112 137 ------------------------------- ------ -_d-Time 12 13 T4 15 16 17 18 19 20 21 22 23 ---- ---- ---- -=-- ---- ---- 15 35 41 30 42 28 34 -33 22 12 11 4 4 30 32 41 34 31 34 29 25 18 15 12 3 4 45 33 42 24 36 32 38 35 21 12 11 3 1 00 46 35 24 27 35 36 25 16 15 7 1 5 -------- ---- ---- ---- ---- __ __ ---- ---- ---- ---- ---- ---- Hr Total 146 159. 112 136 i29 137 118 77 54 41 it 14 --------------------------------------- 24 Hour Total 2047 AM peak hour begins 08:15 AM peak volume 318 Peak hour factor 0.83 PM peak hour begins 12:45 PM peak volume 170 Peak hour factor 0.92 xx•xxxxxxxxxx,exxxxxxxxxxxxxxxxx*xxxxx,exxaxx+xxx+xx:rxxx,rx*x.,rxx**xxxxrxxxx,rxxxxxx Traffic Survey Specialists, Inc. 624 Gardenia Texrace Delray Seach, Florida 33444 Phone (561) 272-3255 Volume Report with 24 Hour Totals Page 1 ~h**#********##*#**********#**********************#*#****##*********#***********# Data File D1018004.PRN Station 000000101701 Identification 009601140065 Interval 15 minutes Start date Oct 18, 07 Start time 00:00 Stop date Oct 18, 07 Stop time 24:00 City/Town Delray Beach, F1 County Palm Beach Location Germantown Road East of Office Depot * ****###****#********w,********************-#****4*#*********************#**#*#*# Oct 18 Westbound Volume fox Lane 1 ------------------------------------------ End Time 00 O1 02 03 04 OS 06 07 08 09 10 it 15 9 2 6 1 1 3 10 30 85 77 44 3D 30 9 1 1 2 1 2 5 43 117 50 22 30 45 5 1 1 5 1 2 9 62 72 42 32 29 _--00--- ---5 3 3 2 5 4 20 60 63 27 30 43 ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- Hr Total 28 7 li 10 B 11 44 215 337 196 126 132 End Time 12 13 i4 15 16 17 18 19 20 21 22 23 ---- -=-- ---- ---- ---- ---- ---- ---- 15 55 51 44 51 45 86 72 34 49 43 23 8 30 52 46 59 61 49 94 67 43 45 26 14 5 45 57 61 49 64 68 68 50 39 31 26 16 11 ---00--_ --66 55 36 41 87 82 48 30 20 23 16 9 ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- Hr Tota 230 213 166 217 249 352 237 146 145 118 71 33 ------------------------------------ ------------------------------------------- 24. Hour Total 3326 AM peak hour begins 07:45 AM peak volume 354 Peak hour factor 0.76 PM peak hour begins 16:45 PM peak volume 357 Peak hour factor 0.95 Oct 18 Eastbound Volume for Lane 2 -------------------------------=------ ----------------------------------------- End Time 00 OS 02 03 04 OS 06 07 08 09 10 11 15 5 0 D 1 2 2 8 39 80 54 33 50 30 2 3 1 1 2 4 13 63 71 62 40 48 45• 0 0 1 1 2 7 26 73 77 46 39 62 __-DO--- 0 1 0 1 7 12 22 80 70 42 43 81 ---- ---- ---- ---- ---- ---- ---- ----- ---- ---- ---- ---- Hr Total 7 4 2 4 13 25 69 255 298 204 155 241 --------------------------------------------- End Time 12 13 14 15 16 17 18 19 20 21 22 23 15 64 37 50 54 44 119 81 40 26 it 4 4 30 74 42 47 32 44 96 65 40 17 21 7 1 45 52 38 39 55 70 106 53 29 17 16 10 5 ---00--- --67 37 51 41 51 87 52 25 12 10 6 4 ---- ---- '--- ---- ---- Hr Total 277 154 187 182 209 408 251 134 72 58 27 14 -------------------------------------- ----------------------------------------- 24 Hour Total 3250 AM peak hour begins 07:45 AM peak volume 308 Peak hour factor 0.96 PM peak hour begins 17:00 PM peak volume 408 Peak houx factor 0.86 *****###**********#*#******#**#*#**###**#**##****#**#*********#****#*#***####** Traffic Survey Specialists, Inc. 624 Gardenia Terrace Delray Beach, Florida 33444 Phone (561) 272-3255 ~**r* Volume Report with 24 Hour Total s Pa e 2 * ****rt*~ ****xx+******~****r**•~ *«*r**r~r***•rt***x x*r•+~***~+xe*e*** *g*«twr Data File D1018003.PRN Station 000000101702 Identification 000210521005 Interval 15 minutes Start date Oct 18, 07 Start time OO:OD Stop date City/Town Oct 18, 07 : Delray Beach F1 Stop time C 24:00 Location , ounty Germantown Rd W of Rabbit Hollow Drive Palm Beach ~*******+x*+rsr**~*t*•tx*tx•xxx~**tt*xx**x**x*tt#**rxxr+Yt**xx•x*t~***t~t*tt~*• Oct 18 --------------- Total Volume for All Lanes --- End Time 00 -------- ---- ------------------- O1 02 03 04 ---- ---- ---- - ------------------ DS 06 07 ------------------- 08 09 10 ----- li 15 7 30 4 --- 5 3 2 5 3 ---- ---- ---- 12 11 58 ---- ---- 76 99 50 50 45 6 1 3 8 2 2 10 3 S 17 59 13 29 73 127 70 60 117 62 64 61 BO _--~~--_ -- 4 1 2 3 9 6 35 87 92 52 63 92 Hr Tota 21 --------------- it 8 18 25 -------------- 36 92 277 412 283. 237 ---- 283 En Time 12 --------- 13 14 15 16 ------------------ 17 18 19 ------------------ 20 21 22 ----- 23 15 88 30 77 78 62 74 84 68 4 142 113 53 32 24 20 11 45 76 7 68 76 76 65 90 104 132' 85 43 142 77 38 31 26 7 31 15 11 8 __-00--- --77 76 57 65 110 ---- ---- ---- 109 69 41 28 I8 5 4 7 Hr Tota 318 ---- 298 258 297 374 ---- ---- ---- 525 344 175 ---- ---- ---- 122 83 43 ---- 30 24 Hour Total 4570 AM peak hour begins D8:15 AM peak PM peak hour be ins 16 45 volume 435 Peak hour factor 0.86 g : PM peak volume 526 *.***********R******#t*~****k&***kf#*k*4*********t#*#~~** Peak hour factor 0.93 *Y*t**k*k*********#**** Traffic Survey Specialists, Inc. 624 Gardenia Terrace Delray Beach, Florida 33444 Phone (561) 272-3255 Volume Report with 24 Hour Total s Page 2 Data File D1018004.PRN Station 000000101701 Identification 009601140065 Interval I5 minutes Start date Oct 18, 07 Start time 00:00 Stop date City/Town Oct 18, 07 Delray Beach Fl Stop time 24:00 Location , :.Germantown Road East County of Office Depot Palm Beach *********************k*4**********#** ********k********* ***********************k .Oct 16 --------------- Total Volume for All Lanes ----- En Time 00 -------- ---- ----------------- O1 02 03 04 ---- ---- ---- -- ------------------ O5 06 07 ------------ 08 09 30 11 15 14 30 11 -- 2 6 2 3 4 2 5 1B 69 165. 131 77 80 45 5 3 3 1 2 6 6 18 106 186 112 62 78 ___00_-_ --_5 3 4 3 3 12 9 35 135 16 42 160 149 68 71 133 69 73 91 124 Hr Total 35 --------------- 11 13 14 21 ------------------ ---- 36 113 470 ---- 635 400 283 ---- 373 End Time 12 -------- ---- --- 13 14 15 16 ---- ---- ---- - 17 18 19 20 21 22 23 15 139 30 126 --- 88 94 105 89 88 ---- ---- 207 153 74 75 54 27 22 45 109 106 93 93 99 88 119 138 190 132 83 1.94 103 68 62 47 21 48 42 26 6 __-00__- 133 ---- - 92 87 82 138 --- ---- ---- 169 100 55 32 33 24 16 13 r Tota 507 367 375 399 458 760 486 280 217 176 98 ---- 47 24 Hour Total - 6576 ----------- ------------------ ----- AM peak hour begins 07:45 AM peak PM peak hour be ins 17 00 volume 662 Peak hour factor 0.88 g : PM peak volume 760 *********************r****************************#***** Peak hour factor 0.92 *********k*********kf** S_I_MM_ ON_S__o _W__HI_T__E__ ENGINEERING i PI}1hNiN( I CUP3uti I:TIN(3 I 5lNCB YyLM12 5601 Corporate Way, Suite 200, West Palm Beach, norida 33407 Telephone (561) 478-7848 • Authorization No. 3457_ N TIME ~{5-~3~ DATE ll~~~_ c v L a a a CAR TRUCK ~ TRUCK I~ 9 2 2 d Z2 Z 4 o O 8 Z d > ~ 0 ~ Z 40 2 i CAR > TRUCK CAR TRUCK ~ ~D ~ I o ~ 4 2 0 (o '3 2 / 5 1 UK ~ 5 COUNTER ~~ lQI.4~ ~~_ ~~~ 0 SIMMO_N_S_o WHITE ENC+INf_ERIA'R 1 Pi.l+NMNG ~ Cf7N5U LTlNG 1 51NCE 1952 5601 Corporote Way, Suite 200, West Palm Beach, Florida 33407 Telephone (561) 478-7848 • Authorization No. 3452 N TIME ~~ "~'~ IS DATE //~/,~D Z_ COUNTER ~ ~ ~ m~~ i CAR TRUCK ~ TRUCK 1 OLD GERMANTOWN ROAD ~ ~ ~ K Q ~ ~ ~ ~ O lS \ c 8 ~ ~ ~ w U ~ CAR TRUCK CAR 'TRUCK Q ~\ \ ~- ~~~hhF ~, C3 ~ ~ ~ TRUCK i ~~~... \ ~ CAR TRUCK 4 ~ } J 05= ~~~ 0 _SIM_MONS o WHITE ENGINE'cRINCi! PLANNING 1 CONStII TiNG 1 SWCE'0SZ 5601 Corporote Woy, Suite 200, West Polm Beach, Florida 33407 Telephone (561) 478-7846 • Authorizatian No. 3452 N TIME ~ /`5 ~ ~''a° DATE //~/~Q,~ COUNTER ~!~ ~e i s OLD GERMANTOWN ROAD CAR TRUCK ~ Q O ~ ~ CAR 8 N \ ~ w L~ CAR TRUCK Q ~ ~ Y Q d ~ 3 1 CAR 1 TRUCK I CAR ~~_ TRUCK ~K ~ \ U ~ 19 Z ~ ~ CAR TRUCK CAR TRUCK u O ~ (a ~ '~ t ~~_~~~ SI MMONS~WHI TE EN67WEERING 1 PLANNING ! COI`JSULTING 1 SINCE '1052 5601 Corporate Woy, Sufte200, West Palm 8eaeh, Flarido 33407 Telephone (561) 478-7646 • Authorization No. 3452 TIME ~'~ ~ ~~~ DATE ~~~/~O ~ COUNTER ~ _'~/~`-~.~..~-~ . CAR ~ TRUCK I TRUCK ni n rFRAAANT~WN R~A~ ~~ ~~ CAR TRUCK rCfVt 1 ~ ~ \ `} 1~ V 0 ~_- _ CqR TRUCK \ ~ CAR TRUCK `\ C A R ( ~ ~ "1 ~~_ ~~.~ 0 SI MMONS_ o W_H_I TE__ E@GINEEFlING! P! ANNING CON;iUITING I SINCE ".962 5607 Corporate Way, Suite 200, West Palm Beach, Florida 33407 Telephone {567) 478-7848 • Authorization No. 3452 N TIME ~ °~' ~ ~3a DATE //~/~~ 7 COUNTER OLD GERMANTOWN ROAD CqR TRUCK o \ ~ ~ ~ ~ ~~ (/) (l') W U CAR TRUCK Q d CAR CAR ~- TRUCK ~ TRUCK K K O .N CAR TRUCK CAR ~ TRUCK ~ \ \ \ \ K `31 y \ 3 0 SIMMONS o WHI TE ENC+fNf_ERING 1 PLANNING i CONSULTMG I SINCE 7987 5601 Corporate Woy, Sui te 200, West Palm Beach, Florida 33407 Telephone (561) 478-7848 • Authorization Mo. 3?52 N TIME ~'~' ~'~ DATE I~ J- boa COUNTER /_P (per. 1~_ OLD GERMANTOWN ROAD CAR TRUCK /o / s a 8 a3 z 2 CAR 23 CAR TRUCK ~ r 1 ~ f 3 _ .. /b Z 2 ~a CAR ~b CAR TRUCK ~ TRUCK 3'~' ~ 2- ~, 28 ~ o l ~_ / D 8 to S '- ~ ~5 ~ ioi 2 $I_ v~~99 CAR TRUCK CAR TRUCK 2(p ~ 2~ 3 2 ~ 25 ---- ~' ,~,~ (0 2 ~e ~. '~ 4 K UK ~ 4 B5 '~ ~ t 0 o Cn ~ w CVJ Q Y Dam= ~~~ 0 S__I_MMO_NS o WHITE_ FNGIN£BR;hG ! ?LANNINr3 i CONSULTING ! SIkCE %f182 5601 Corporate Woy, Suite 200, West Potm Beach, Florida 33407 Telephone (567) 478-7848 • Authorization No. 3452 N TIME ~~~~ ' ~= 3S DATE COUNTER ~~~~-~~c, OLD GERMANTOWN ROAD CAR TRUCK UK \R I ~ 0 ~ TRUCK a ~R 9 CAR TRUCK , CAR TRUCK ~ ,` K Q ~ 0 ~' ~ CAR ~ TRUCK \ ~ CAR ~ \~ TRUCK a ~ ~ ~ ~ Q O ~ ~ w U U ~ O~= ~~~ 0 _SIM__MONS_o_W_ RITE LNpMEER1NO 1 PIANNiNG i COIV5lil TINO I SING[ :Od2 5601 Corporote Woy, Suite 20Q West Palm Beach, Rorida 33407 Telephone (561) 478-7848 • Authorization No. 3452 N TIME ~.35 `~~~ ~>J DATE COUNTER c v: U; C: U Q Y Q CL CAR TRUCK. ~ TRUCK ~~ ~.~ \ a ~ 2s o ~ TRUCK CAR TRUCK \ ~ `\~u, 30 3 05= ~~.v 0 S I M_MONS_o__W__H I _T_E ENGINEERING l PLANNING I CONSUL.TIN(i 1 SII:CE 1483 5601 Corporate Woy, Suite 200, West Palm Beach, flarida 33407 Telephone (561) 476-7848 • Authorization No. 3452 N TIME ~''~ '°~'' 45 DATE n// i~0,7 COUNTER (' ~~/ nr n f;FRMANT~WN R~A~ ~ TRUCK ~ ~ C4R 9 CAR TRUCK G4R ~s C Q C (!: L L Q Y Q 0 SIMMONS o WHITE ENCINEERfNG l PLANKING I CONSIILTINO ! SINCE 1982 5601 Corporate Woy, Suite 200, West Palm Beach, Florida 33407 Telephone (561) 478-7848 • Authorization No. 3452 CAR ~~~ TRUCK I, CAR L~~ TRUCK '~~ ~~ K ~ K ~ '~ Q ~ ~ TRUCK CAR TRUCK ~~ ~ ~ ~ t' ~~ r ' U T K ~~ ~ Q 14 ~ E8 6~~ _1 1 •!r~ L TIME 7~ 5l ~ ~ Jc7 DATE ~ o COUNTER ~~~, r ~~~~ ~5 = ~ ~~ a SIMMONS o WHITE ENGINEERING I ?CANNING I CONSULTING I SINCE 1932 5601 Corporote Woy, Suite 200, West Palm Beach, Florida 33407 Telephone (561} 478-7848 • Authorization No. 3452 ~. N TIME ~- D'Z) ' `bt t5 DATE ~ COUNTER Q C: L Q Y Q d l CAR 1 TRUCK , CAS ~ ~~ TRUCK ~ ~ ~ ~ ~, ' 3 ~ ~ CAR TRUCK CAR TRUE ~° c Zo ~ ~~ ~ ~~ 0 SI MMONS o WHI TE ENGINEERING 1 MANNING I CONSVLTING ! SMCE ia82 5607 Corporote Woy, Suite 200, West Palm Beach, Florida 33407 Telephone (561) 478-7848 • Authorization No. 3452 N TIME ~~ /S " ~'' 3~ DATE /~~.~/ ~~ 7 COUNTER ( z-"-~ ' ' C C v: (l: C: L Q Y Q CAR TRUCK , CAR ~_ TRUCK ~ C~ ~ K ~. ~ w L ~ ~ ~ RU ~ ~ ~ 09 CAR ~ TRUCK rCAR I TRUCK V T K O \ 3 ~ ~ ~~= ~ ~~ 0 SIMMONS o WHITE ' ENGINEERING I PLANINNG i CONSU LTINO I SiNCC- 1?fl2 5601 Corporate Woy, Suite 200, West Palm Beach, Florido 33407 Telephone (561} 478-7848 • Authorization No. 3452 p N TIME a' ~® ' ~` y y DATE o COUNTER C Q C N L a CAR TRUCK SUCK 1 1 ~ ~~ ti ~. K (~ ~ ~ 'F7 O f CAR 1RUCK CAR TRUCK 1 ~ ~ u Q ~ 5 5 ~ ~ ~~~~: ~~ ~~~ a SIMMONS o WHITE EN~INEERINO I PLANNINt! i CONSULTING I SINCE 1082 5601 Corporcte Way, Suite 200, West Palm Beach, Florida 33407 Telephone (561} 478-7848 • Authorization No. 3452 N TIME ~ ~ ~ ~ . ~ DATE ~~ COUNTER C Q L a Y a a CAR TRUCK CAR 'TRUCK ~ ~ \ ~ ~~~ \ ~~ CK _ ~ ~~11.. \ 4 ~ t- ~IP ~ ~ ~ TRUCK CAR TRUCK U K ~9 4 5 ~ ~ ~~~~ r O CAR 7~ Q O Time Approaoh Parlod Count Tofnl Cou NBTHRU 7 NB RIGHT 2 1:00.1:15 HRU SB T 6 98 WB LEFT 3 VYB RIGHT 29 NBTHRU 7 NB RIGHT 4 1:15-1:30 B 87 SB THRU WB LEFT 2 WB RIGHT 27 NBTHRU 4 NB RIGHT 4 1:30.1:45 101 58 THRU 24 WB LEFT 6 W8 RIGHT 29 NBTHRU 15 NB RIGHT 5 1:45.2:00 117 SB THRU 29 WB LEFT 11 WB RIGHT 38 NB THRU 71 NB RIGHT 13 200-2 15 . SB THRU 34 1114 WB LEFT 5 WB RIGHT 33 NB THRU 35 N8 RIGHT 6 2152:30 22 129 SB THRU WB LEFT 6 WB RIGHT 30 NBTHRU 70 N8 RIGHT 1 2:30-2:45 58 SB THRU 6 WB LEFT 1 WB RIGHT 21 NBTHRU 15 NB RIGHT 0 z:45a:oo se ~ U s6 ~ T i1R WB LEFT 3 W8 RIGHT 36 Thurada ,November 7st, 2007 PM Peak Hour ~5= ~~~ 0 SI MMONS o WHI TE ENGINEERING i f-'LANNINC+ .CONSULT iNG f SINCE 1982 Sfi01 Corporate Way, Suite 200, West Palm Beach, Florida 33407 Telephone (561) 478-7848 • Authorization No. 3452 N TIME /•'DD - 1' 15 DATE /~~~/~Ol COUNTER (--~~~-'~~-- ni n ~;FRA~ANTOWN ROAD ~ TRUCK ~~~ ~ ~~ 1 d CAR 29 ~ TRUCK 3 2 __ 05=~~~ a SIMMONS o WHITE ENGINEERING I PLANNING 1 CONSLJLTSNG I SINCE 1982 5607 Corporate Woy, Suite 20D, West Palm Beoch, F!orido 33407 Telephone (561) 478-7848 • Authorization No. 3452 N TIME ~. ~f~ ` 1'?,0 DATE i ~ COUNTER ni n ~i-RAaANT(7WN ROAD CAR TRUCK ~\ ~~ ~\ CAR 2~ CAR ~~ TRUCK O CAR 2 ~.~_ ~~.~ 0 SIMMONS o WHITE ENGINEERING 1 PLANNING i CONS!/L.TING I SWCE 1882 - 5601 Corporate Woy, Suite 20D, West Polm Beach, Florida 33407 Telephone (561) 476-7846 a Authorization No. 3452 N TIME ~'~~ - l'• 4S DATE %~~~~~ ~ COUNTER ~ ~1 C: Y lr d d CAR TRUCK 1RUCK ~ ~ w ~• \ ~ \ ~ TRUCK U ~ ~ 4 2 3~ l~ 30 ~ TRUCK CAR 1RUCK f, ~ R K 0 ~ 4 ~ ~ ~ p~ ~ ~~ 0 SIMMONS o WHITE ENGINEERING 1 FLAPINING 1 CONSNLTING I SINCE 1982 5601 Corporate Woy, Suite 200. West Polm Beach, Florida 33407 Telephone (561) 478-7848 • Authorization No. 3452 N TIME /., ~S-, a~.~ DATE ~~~ - COUNTER a c U U L Q Y Q a CAR ~ ~ TRUCK ~ , CAR ~- ~ TRUCK ~ ~ -~ ~ 3 2~ 21 23 (8 } CAR TRUCK ` CAR TRUCK I TUK 4 U o 15 S ~~ 5 ~ IKU ~~ Z \ ~ 34 ~ TRl r O 0 SIMMONS o W_HI_T_ E 'cNGINEIiP IIVG. PLANNING 1 CONGU LTIPlG ~ u1N CE 7932 5601 Corporate Way, Suite 200, West Palm Beach, Florida 33407 Telephone (561) 47$-7848 • Authorization No. 3452 N TIME Zoo-Z•'/5 DATE ~~J~~a~ COUNTER CP (}JN~ OLD GERMANTOWN ROAD CAR TRUCK l5 ~-- S / 4 ~ '9~ 29 CAR CAR TRUCK d 3 a / O -•~- 5 CAR TRUCK ~ TRUCK 9 2 is 2 ~0 3 5 z ~ % ~ 5 zs ~ 3 s K ~ Z ') 7 CAR TRUCK CAR TRUCK ~ r I /3 o ~ a 25 S 5 2 .~.. ^ ~ 2 58 ~3 ~ ~ U UK I ~ O ~ (/ tJ W U Q ~ ~ 13 ~~ ~ ~~ 0 SIMMONS o WHITE ENGINEERING 1 PII+NNING I CONSULTING 1 SINCE t082 5601 Corporate Way, Suite 200, Wes{ palm Beaeh, Florida 33407 Telephone (561) 478-7846 • Authorization No. 3452 N ~ TIME ~'~ ~ ~s~S DATE / ~ COUNTER C a c U Li L Q Y Q a CAR TRUCK , CAR 1RUCK UK U Z 3 ~ to 9 Io CAR TRUCK. CAR TRUCK R K O O t3 t 13 t ~~ ~~~ N C a c cr; v: L~ L Q Y Q d SIMMONS~WHITE ENGIIYEERINC+1 °Lp.NNINC I CCNSULTINCa I SINCE 1852 5fi01 Corporate Wvy, Suite 200, West Palm Beach, Florida 33407 Telephone (56t) 478-7848 a Authorization No. 3452 ~'~3 TIME ~~`rs ' `~: ~~ ~ DATE ~~ I o } COUNTER G>aA0.L.6`~~. CAR TRUCK ~ TRUCK \ ~ Z ~ ~~ 9 i6 8 CAR TRUCK CAR TRUCK U K 5 U 2 30 } 25 6 ~~-= ~ ~~ ~: v-; L C.: Q Y Q tZ. SIMMONSC~WHITE ENGINEERING I PLANMNG V CONSULTING ! SINCE ?2$2 5601 Corporate Way, Suite 200, West Polm Beach, Florldo 33407 Telephone (561} 478-7848 • Authorization No. 3452 TIME ,.~,`lo -. a~ 15 DATE ~ ~ ' ~- COUNTER ~ u~~~-~+~~ CAR TRUCK CAR TRUCK ~ ~ L-- , 2 ~ ~ b 5 5 ~ TRUCK CAR TRUCK K TU $ 2 S 20 3 0 SI MMONS o WHI TE ENGINEERING 1 PLANNING 1 CONSULTING 1 SINCE 19e? 5601 Corporate Woy, Suife 200, West Palm Beach, Florida 33407 Telephone (561) 478-7648 • Authorization No . 3452 N TIME 2~ 15 - 2.' 3a DATE ~ ~ ~~ ~~ } COUNTER Cp (AN OLD GERMANTOWN ROAD CAR TRUCK 9 .3 ~- ~ 23 ~ 3 C/~ TRUCK 5 d v o ~ ,~- G (o ~. 6 CAR TRUCK ~ TRUCK j /0 3 l0 2 ~ ~ ~ a 5 2 /Z o icy ~ ' 2 28 30 CAR TRUCK CAR TRUCK ~ f ~~ z 3 0 ~ 3 3 0 5 2 D U ~~ 28' ~ ~ d UK 0 0 ~ w ~ a ~~ ~ ~~ 0 SIMMONS o WHITE ENC+MEERING I PLANNING . CONSULT{NG I SINCE 1982 5601 Corporote Way, Suite 200, West Palm Beach, Florido 33407 Telephone (561) 478-784.6 a Authorization No. 3452 N ~~ TIME o?.%S' as'ao DATE ~ ~~ 7 COUNTER ~~~/c./~r u.. CAR TRUCK CAR TRUCK ` ~ ~ ~. 3 2 13 ~' to to I ~ T ~ 21 I I nln ~FRMANTOWN ROAD ~ TRUCK ~. --~. `` 3 9 CAR TRUCK C~ 5 CAR S 3 1~' 1 I I S 05= ~~.v 0 SIMM_ONS o WHITE ENGINEERiNCa I ?LANNINC+ i CONSULTING ! SINCE 1952 5601 Corporote Woy, Suite 20D, West Palm Beoch, Florida 33407 Telephone (561) 478-7848 • Authorization No. 3452 N ~ TIME a%~ - a~as -~~ DATE ~~ ~ °~ COUNTER ~~-~a~~-~+~~ a c (!'. L.1_. L Q Y Q d CAR TRUCK , GTR TRUCK ~ ~~ ~ ~~ ~ o 2 ~ r t~ CAR TRUCK CAR TRUCK K ~ O q 3 ~ 3 per= ~~~ p SIMM(~NS o WHITE ENGINEERING I ' PLANNING I CONSU LTiNG ! SINCE 18e2 56p1 Corporate Way, Suite 200, 1Nest Palm Beach, Florida 33407 Telephone (561) 478-7848 • Authorization No, 3452 N TIME ~~~ Z~?,n DATE ((1~~~~ COUNTER ~ w.1~ac~~.,r C Q C ~; Q Y Q a CAR TRUCK TRUCK l 1 ~ ~ h U K 2 ~ 0 12 5 !2 CAR TRUCK CAR TRUCK UCK R 2 0 d 5 0 0 SIMMONS o WHI TE _ ENGINEEPING I PLANNING 1 CGIVSULTMG I SINCE 2652 5601 Corporate Woy, Sui te 200, West Palm Beach, Florida 33407 Telephone (561) 478-7848 • Authorization No. 3452 N TIME 2.30 'a.'FS DATE ~r,I ~l o ~ COUNTER ~ ~~,Z._ OLD GERMANTOWN ROAD CAR TRUCK 3 u ~- ¢ - i Z .~ . r5 ~ cAR ~ CAR TRUCK ~ Q 0 0 ~ o 1 cAR TRUCK I cr ~ TRUCK O D n Z ~ ~ V ~ ~ / ~ 3 5 ( ~- ~ 5 ,.' ~- 0 0 ~ ~9 CAR TRUCK CAR TRUCK ~ Z ~ ~ ~ - 4 0 o v 3 j, I v ~ v a ~ /o w U Q ~ ~~_ ~~~ a SIMMONS o WHITE ENCINEEnING 1 PLANNING I CONSULTING ! SINCE 1982 5601 Corporate Woy. Suite 200, West Palm Beach, Florido 33407 Telephone (561) 47~ • Authorization No. 3452 N ~ TIME ~l•'.~o - Z= 35 DATE /~~/ ~~ COUNTER Q 0 r~ w U Q Y Q d CAR TRUCK I C~ ~ 1RUCK 1 1 1 ~ a t 0 3 0 2 CA(; TRUCK CAR TRUCK ' \ K ~ O ~ a 2 ~~ _ ~~.~ 0 SIMMONS o WHITE ENGINEERING I PLANIJiNG I CONSULTING 1 SINCE ~@B2 5601 Corporate Way, Suite 200, YJest Polm Beach, Florida 33407 Telephone (561) 478-7848 • Authorization No. 3452 N ~~ TIME ~ J35 a` 4~ DATE ~~ ~ ~ COUNTER r. as , ~.. - C Q C V: L Q Y a CAR TRUCK CAR ~ TRUCK ~ ~ K U p 0 i (p CAR TRUCK CAR TRUCK u U ~ n 4 4 0 ~.~_~~~ 0 SIMMONS o WHITE ENG04EERING I PLANNING I CONSULTING I SINCE 7@@2 5601 Corporate Woy, Suite 200, West Polm Beoch, Fbrido 33407 Telephone (561) 478-7848 • Authorization No. 3452 /~ TIME ~=sue - a'~ 45 DATE '~ ~ ~ COUNTER Cunr~,L'ciJE CAR TRUCK , CAR TRUCK .~ I`-- ``~ " \ o t 3 ~ $ / 4 ~ W U CAR TRUCK CAR TRUCK Q ~ ~ ~ I Q 4 ~ 3 0 TT 01~ GFRMANTOWN ROAD CAR TRUCK 2 CAR S CAR TRUCK Q CN2 0 C C C C Q n SIMMONS o WHITE ENGINEERING t PLANNING I CONSULTING ! SINf.E X882 5601 Corporate Way, Suite 200, West Palm Beach, Florida 33407 Telephone {561) 478-784$ • Authorization No. 3452 CAR TRUCK ~ TRUCK j 1 ~ ° 5 0 / / !o ~ / / ~ ~ y 4 2~ ~ UK - 5 2 J CAR ~ TRUCK CAR TRUCK ~ a - 3 v v 2 0 ~ U 9 ~- / ~ ° ° 0 o K ~~ v r TIME Z' `~' 3'a0 DATE /1 i~0 ~ COUNTER ~°CT 0~ ~~.~ 0 S I MMONS o WHITE ENGINEERING I PLATINMa I CONSULTING I SINCE tpe2 5601 Corporate Woy, Suite 200, West Palm Beach, Florida 33407 Telephone (561) 478-7648 • Authorization No. 3452 N TIME ~"~/~.'/- Z~ So DATE C~~~~~ COUNTER C Q C Q Y Q CAR TRUCK ~ TRUCK ~~ I K ~ p O S I I / 5 CAR ' TRUCK CAR TRUCK ~ U U 0 3 3 ~ o~= ~ ~~ 0 SIMMONS o WHITE ENGINEERING I P! AWNINFi i CONSULTING i SINCE 1983 5601 Corporate Woy, Suita 200, West Palm Beach, Florida 33407 Telephone (561) 478-7848 • Authorization No. 3452 N TIME d'~~` Z~SS DATE ~~ ~ COUNTER c.uaac~n~r nl n r,FRMANTOWN ROAD -- - ~,qR TRUCK O /a a CAR TRUCK 0 ~ CAR o~ ~~~ D SIMMONS o WHITE ENGINEERING I PLANWNG i CONSLILTiNG I SINCE 1982 5601 Corporate Woy. Suite 20D, West Palm Beach, Florida 33407 Telephone (561) 476-7646 • Authorization No. 3452 N TIME ~~`~ 3'`j° DATE _ ~ J~ COUNTER c.(.~d.>2/_F,cic nl n C;FRMANT~WN ROAD ~~ TRUCK ~~ a CAR ~~ CAR TRUCK CAR 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 containing 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 ~.,, ,_ Location .......................... ............ southwest corner of Linton Boulevard and Old Germantown Road z Property Size .................. ............ 9.861 acres Existing FLUM ................. .......... TRN (Transitional) Proposed FLUM .............. ........... No Change Current Zoning ................ ............ SAD (Special Activities District) - Blaods Grove Proposed Zoning ............. ........... SAD (Special Activities District) - Midtown Delray ~,„„„ a"„ ~ „" Adjacent Zoning .............. ..North: RL (Multiple Family Residential -Low I °° »,,,, "~ '' 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 a 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 Planning & Zoning Board Staff Report -Meeting of September 17, 2007 Midtown Delray-SAD Ordinance Page 1 `~ _: I , ~~ ~~I4 ,~ ~~~~_F.~, 3Pfi C7°~""'t'3-~:rE/1n CQ, 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 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 Gassification 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 31: 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 cronsistent with the land use category shown on the Future Land Use Map. The uses, activities, and characteristics of a SAD are to be consistent with the Comprehensive Plan, suitable and compatible with surrounding existing developments, and with the proposed character of the area. This standard has been met. Pursuant to LDR Section 4.4.25(6)(1), all uses which are to be allowed in a particular SAD shall be established at the time of establishment of the SAD zoning designation through inclusion in the rezoning ordinance. Additional uses may be allowed after review and recommendation by the Planning and Zoning Board and approval by ordinance of the City Commission. The site plan depicts town house residential development and a medical office building. Modification of the existing SAD Ordinance to change the allowed uses to these uses (residential and medical office) is being processed as a rezoning application. These two uses are compatible with surrounding existing development and the residential character of the area. They are consistent with the adjacent development pattern to the south, east, and west of the subject property. Thus, positive findings can be made with respect to PLUM consistency. Planning & Zoning Board Staff Report -Meeting of September 17, 2007 Midtown Delray-SAD Ordinance Page 3 CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. As described in Appendix "A", a positive finding of concurrency can be made as it relates to water and sewer, streets and traffic, drainage, parks and recreation, open space, solid waste, and schools. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required flndings 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 Obiectlve 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 fo adjacent land uses; and fulfills remaining land use needs. By practice and policy, the SAD (Special Activities District) zoning designation is deemed consistent wish 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 Policv A-f.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 fo 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)f51 -REQUIRED. FINDINGS: Pursuant to LDR Section 2.4.5(D)(5), in addition to provisions of Chapter 3, the City Commission must make flndings 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) Wesf 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 appllcatlonlrequest. LDR Section 4.3.4(Kl 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: _~_F~_`_ _= -#~i~YB-Io t1 ms's ,_,~., e; z .~, Buildin Hei ht: Residential Com onent a,..r.., .. ,".~.. 46' ~ # . . Yt -•: 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. _ ~. _ ~ --`£y§' y~'~$g153i1~, .~ ~+ + -T ' _~ S"'a. - ~ ~ ~,`„r tr ~ t sr~ v-oJt~ i __ ~ S} L i~ ~ cam{ ~ ~ y~ _ ~ N..:~ 3 -'qN ~ 'i -. fix. 2 " a iy ~ I~ ~ y ~'vt- ~ S41 ~ i . ~ ' _Sli„, 3~+ .-ae~' Sr y 4iz . .. ::_..'M>^. . ~ a :ev__._ ~ '.. v. .: _~- . . Efficienc 400 1 Bedroom Units 600 2 Bedroom Units 900 1,418 10 3 Bedroom Units 1,250 1,906 104 4 Bedroom Units 1 500 Planning & Zoning Board Staff Report -Meeting of September 17, 2007 Midtown Delray-SAD Ordinance Page 5 Special Landscape Setback Pursuant to 4.3.4(H)(6)(b)(4), Along Linton Boulevard, from A-1-A to the western City limits, a special landscape area shall be provided. This landscape area shall be the smaller distance of either 30' or 10% of the average depth of the property; however, in no case shall the landscape area be less than ten feet (10'). The proposed development does not provide a 30' landscape setback along Linton Boulevard and a waiver to this requirement has been requested. Subdivision Plat: Pursuant to LDR Section 4.3.3(0)(2), each townhouse, or townhouse type development shall be platted with a minimum designation of the interior street as a tract. Thus, a subdivision plat is required. The plat must be recorded prior to issuance of any building permits, and this will be attached as a condition of approval in the site plan review and approval process. LDR Article 4.6 - Suoalementai District Regulations Required Parkins: 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 cumulativel as follows: - first 20 units 0.50 s aceslunit - for units 21-50 0.30 s aceslunit - for units 51 and above 0.20 s aces/unit Two or more bedroom dwelling units shall provide two (2) spaces per unit and one-half (0.5) a space of guest parking per dwelling unit up to the first 20 units, 0.3 spaces per unit for units 21-50, and 0.2 spaces per unit for units 51-109. Thus, the one hundred and sixteen (116) unit development is required to provide two hundred and sixty three (263) total parking spaces for the residential component of the project. Pursuant to LDR Section 4.6.9(C)(4)(c), medical and dental offices, including clinics and mental health treatment facilities, shall provide five (5) spaces per 1,000 sq. ft. of gross floor area, thus, the medical office component of the project will require 148 parking spaces. A total of 411 parking spaces will be required for the proposed development. Within townhouse and townhouse type developments, parking may be provided in front of garage units provided that such parking does not result in the space for one unit impeding access to a space of the other unit. Pursuant LDR Section 4.6.9(C)(2)(d), guest parking spaces must be accessible to all visitors and guests and may be centralized or located near recreational features within a development project. The development proposal will provide a total of four hundred and sixty nine (472) parking spaces for the residential component of the project. Two hundred and eight (208) parking spaces are provided within 104 -two car garages and twelve (12) parking spaces are provided within 12 -one car garages. Two hundred and eight (208) guest parking spaces are provided within each driveway for the two car garage units, and eleven (11) guest parking spaces within the driveway for the one car garage units, and 33 additional parking spaces are provided as guest parking spaces along the interior street throughout the development. The medical office component of the project will provide 148 parking spaces. In summary, a total of 620 parking spaces are being provided (208+208+12+11+33+148=617) while 408 parking spaces are required. Therefore, this LDR requirement has been met. Planning & Zoning Board Staff Report -Meeting of September 17, 2007 Midtown Delray-SAD Ordinance Page 6 Handicaoaed 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°k) 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 pooUcabana 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 4.6.18(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 rs requesting a waiver to LDR Section 4.6.1ti(D)(2)(b) which requires 25% of the required 25% open space to be in the form ojpreserved natural plant communities. The LDR requirement calls fora 25% (16,898/107,593 x 100 = 25%) of the required 25% open space to be in the form of preserved natural plant communities. In square footage, the applicant is providing 20, 038 square feet ojnatural 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 OrcJinance 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 - 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 Actionsl: 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 fo those areas identified as "stable" and "stabilization" on the Residential Neighborhood Cafegor/zation Map. Requests for rezonings to a different zoning designation, other than Community Fact/ities, 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 mod'rfied and less intense uses are more wnsistent 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 exlsf to properly m/tigate 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. 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. Analysis of Waiver #1: Pursuant fo LDR Section 4.6.9(D)(3)(c)(1), provisions must be made for stacking and transition of incoming frati,c from a public street, such that traffrc may not backup info 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 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. Similady, the stacking provided is clearly adequate for vehicles to enter the site without obstructing the flow of tra~q 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 fo 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 B.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 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. 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, significantly diminish the provision of public facilities, 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. 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(6)(5) Waiver Findings, can be made. " The development proposal provides a 20 foot wide street with two feet of valley gutter on both side of the pavement. The City Engineer and Fire Marshal have previously supported reductions that have been granted to the standard aisle width for other townhouse projects such as Atlantic Palm, Atlantic Grove, Gramercy Square, Banyan Village, Highland Grove Estates, and Legacy at Sherwood Forest. In this particular request, the two foot valley gutter on either side of the road will provide sufficient area for large emergency vehicles to navigate the road. The reduction can be supported subject to the condition that the Home Owner's Association documents contain a prohibition on the parking of vehicles within the street access tracts. Consequently, a positive finding with respect to LDR Section 2.4.7(6)(5) can be made and a recommendation of approval should be presented to the City Commission for this waiver request. Analysis of Waiver #3, Pursuant to LDR Section 4.6.16 (D)(2)(b), a portion of native communities are 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 nature/ 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 wilt 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) Planning & Zoning Board Staff Report -Meeting of September 17, 2007 Midtown Delray-SAD Ordinance Page 11 required inferior frees, an additional sixty (60) trees are proposed, and for the ninety (90) required perimeter trees, an additional one hundred sixty two (162) frees 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 wntext. 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(B) (5) and a recommendation of dental should be presented to the City Commission for this waiver request. Ana/vsis of Waiver t14: 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 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 facilities, 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 'trenerally sidewalks are required fo 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 fo 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 forvvarded to the City Commission. Analysis of Waiver #5: 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% of the average depth of the property; however, in no case shall the landscape area 6e 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 buffer along Linton Boulevard. We meet or exceed the requirements of LDR Section 2.4.7(L3)(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 Delrey-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 actualy 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 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(8) (5) can be made and a recommendation of approval should be forwarded to the City Commission. a i , a&4 I h -. ~vt ~ ~ t~ ~~~~ ~ ~ 3" 'Wl ?if t F ~ ~ rzd ~ 1 ~~ S 4. y[..v n..~ll' _ 'P... v ~r v.v-v ee :r- v^ ..._" :e. r... e... .:.~: :. _v. -:.v _- 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. Pub!!c 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. 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)], 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)], 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. 8. 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: Rezonina 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(6)(5) of the Land Development Regulations. Waiver #2: Move a recommendation of approval to the City Commission of the request for waiver to LDR Section 6.1.2(C)(3)(a) to reduce the minimum pavement width of the interior roadway from 24 feet to 20 feet, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.7(6)(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(6)(5) of the Land Development Regulations. Waiver #5: Move a recommendation of approval to the City Commission of the request for waiver to LDR Section 4.3.4.(H)(6)(b)(4) to provide relief from the required thirty foot (30') landscape buffer along Linton Boulevard, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.7(6)(5) of the Land Development Regulations. Attachments: • Location Map • Zoning District Map, • Project Plans • Letters of Objection • Proposed Ordinance fW6-07 Planning & Zoning Board Staff Report -Meeting of September 17, 2007 Midtown Delray-SAD Ordinance 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, 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 concur-envy can be made. Parks and Ooen Saace: 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 Pursuant to LDR Section 3.1.1(B), Coneurrency, 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: 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. r i a e: 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. Page 1 of 1 Breto, Estelio From: McDonnell, Mark Sent: Friday, October 19, 2007 10:50 AM To: Breto, Estelio Subject: FW: Midtown From: Stephen Goss [mailto:] Sent: Thursday, October 18, 2007 8:12 PM To: Subject: To: The Mayor Vice Mayor Deputy Vice Mayor City Commissioners City Attorney City of Delray Beach I attended Tuesday's city commission meeting during which the Blood's Hammock/Ascot project was discussed. A few comments: 1: To my knowledge Ascot have never discussed the project with any of the neighboring communities affected (I am President of our HOA and have never been contacted). Why not? 2:Clearly city commission members are in possession of information not given to neighboring communities. Prior to the commission members entering the chamber the lawyer for Ascot placed papers on each commissioner's desk, a courtesy not extended to others. A commission member mentioned "meetings with Ascot" at which neighboring communities were not present. Could this be considered one sided? 3: The plat projected on the wall throughout the session did not show the present road system south of German Town Road at it's western end and leading to the school. 4:Contrary to what was stated by a city commissioner there are NO 3 or 5 story buildings anywhere in the area under discussion (look at the plat). There is a 1400 foot tower in Chicago, but this is hardly relevant. The commissioner was referring, possibly, to apartments roughly a mile away which back on to Germantown Road but their access is on Linton or Congress with their own dedicated access NOT on German Town Road. It is deceptive, at least, to mix apples with pears. 5: What is clear is that there is a rush to push through a project that is excessively dense, out of keeping with the surrounding neighborhoods, has a highly detrimental effect on the immediate neighbors and where realistic traffic concerns have not been addressed. The time frame now in process (November 6 for next meeting) is patently unfair to the objectors who were never consulted and have not been privy to numerous(?) meetings with city officials and commission members. This is NOT the way to proceed in a democracy. Stephen Goss 16373 Bridlewood Circle Delray Beach scgoss@hotmail.com t nil gi~nm mac: P~z-- Honorable Mayor Rita Ellis City Hall 100 NW 1~ Avemxe Delray Beach, FL 33444 Subject: Opposition to Midtown Delray Development Honorable Mayor Rita E1Gs, 3807 Arelia Drive North Delray Beach, FL 33445-5742 October 4, 2007 OCT - 9 2QU7 CITY COMMISSION We live within the development of Shadywoods, which is located on Linton Boulevard that is directly across from the planned Midtown Delray Development project. As residents, homeowner, and voters for six (6) yeazs, we have along-standing major interest in maintaining the character and value of our home, which the imended 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 1/z mile, which will only be worsen with the enormous density of another 116 homes and yet another medical facility. We are stronely oonosed to the Midtown Delray Development project. It is too dense, buildings are too high, and will create additional traffic problems on Linton Boulevazd. Thank you for your time. Very truly yours, ~' La ence J. Diou, Sr. Dorothy H iou - EBB oct ~ a 2007 Mayor Rlta Ellis 100 NW 1n Avenue Delray Beach, Florida 33444 4978 Garden Drive Delray Beach, Florida 33445 Tuesday, October 09, 2007 Mayor Ellis: ~c : Pdz- I'm writing today regarding the planned develop by Ascot of a three-story medical building and athree-story multi-unit town home facility on the former Blood's Orchard property on the comer of Linton Blvd. and Old Germantown Road. This would be a disaster to the surrounding communities at the Hammock Reserve, Orchard View 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 highty disapprove of this project going forward. Ths 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 6e considered where the new project would fit in better with the surrounding area. There Is a huge parcel of land on Linton Blvd. 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 Rassrve Resident OCT 4 0 2007 James and Karin Castryck 3917 Arelia Dr. S. Delray Beach, FL 33445 October Sa', 2007 Major Rita Ellis City Hall 100NW 1$~Ave Delray Beach, FL 33444 S.uhject:,Opposition to Midtown Delray Development Dear Major: COMMISSION ~~ Y~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. Furthermore, our cominunity of Sliadywoods already faces severe traffic difficulties with the many u-futnittg and cross turning traffic, all within a YZ mile, which will only worsen with the enoimous 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, j ---- Karin Castryck J es Castryck pCT - 9 28Q7 Octcber 5, 2007 City Hall CC: ~~ 100 N.W. lst-Avenue Delray Beach, F1. 33444 ` Subject: Opposition to Midtown Delray Development r Dear ~ , I live within the development of Shadywoods, which is located an Linton Blvd directly across from the planned Midtown Delray project. As a homeowner for 27 years, I have a long-standing major interest in maintaining the character and value of my home, which the intended 3-story high fawn homes and medical building will certainly destroy. Furthermore,`our community of Shadywoods already faces severe traffic difficulties with the many u-turning traffic.,.-al 1. within a.'~ mile, which will only worsen with the enormous density of anether 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, ~. ~r~ .John A. Faturos 3671 Arelia Drive N. Delray: Beach, Florida 33445. ocr -~ zoos Suggested Letter to City Commissioners: CITY ~MMISSIC ~~l.~yDa~;s I 4586 Faun Forest Dr. S ~,, t~~DelrayBeach,'FL. 33445 --II '/ _. (Name of Commissioner or Mayor to whom writing) City Ball` 100 N.W. 1 °` Avenue Delray Beach, FL 33444 Subject: Opposition to Midtown Dehgy Development Dear (Commissioner or Mayor): I live within the development of Shadywoods, vtfiich is Iocateti on Linton Blvd directly across from the planned Midtown De]ray project As a resident 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 aU6ady faces severe traffic difficulties with the many u-fuming and cross turning traffic, all within a %a mile, which will Drily worsen with the enormous density of another 116 homes and yet another medical facility. lam opposed to construction.. It is too dense and the buildings too high. ~~p~ Gene& LucyDavis 4086 Palm Forest Ih. S Delray Beach, FL 33445 ACT -~ 2N7 October 4, 2007 Mayor, Rita Ellis Vice President, Fred Fetzer Deputy Vice-Mayor, Brenda Montague Commissioner, Gary Eliopoulos Commissioner, Woodle 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: c.c; PdZ- 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,. our community of Shadywoods already faces severe traffic difficulties with the many u-turning and cross turning traffic, all-within a'/smile, 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, !an4e-Coco 4237 Palm Forest Drive South Delray Beach, FL 33445 z o 07 ~. ~~~ ~ ~~~~~~~~ af.T''5 2007_ CITY ~ ~~ ~~z.. 7'1~~!,ae~x~~~~an°'°c~-~Z'e~''N~zy~in.~/n"'a~°~ ~~-~~°' T ~~ ~ ~~~ ,,~an~ej .~.D. ~VIS 3730 .~trelia Drive South Delray Beack, Florida 33445 56r495-Sg3o OCTOBER 4, 2007 MAYOR RITA ELLIS CG; ~~Z CITY HALL 100 N.W. 1st AVENUE DELRAY BEACA, FL 33444 SUBJECT.: OPPOSITION TO MIDTOWN DELRAY DEVELOPMENT DEAR MAYOR: I LIVE WITHIN THE DEVEIOPMENT OF SHADYWOODS, WHICH IS LOCATED ON LINTON BLVD. DIRECTLY ACROSS FROM THE PLANNED MIDTOWN DELRAY-PROJECT.- AS A RESTDENT AND HOMEOWNER FOR SI%TEEN 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. FURTHERMORE, OUR COMMUNITY OF SHADYWOODS ALREADY FACES SEVERE TRAFFIC DIFFICULTIES WITH THE MANY U-TURNING AND ' CROSS TURNING TRAFFLG, ALL WITHIN A-HALF MILE, WHICH WILL ONLY WORSEN WITH THE ENORMOUS DENSITY OF ANOTHER 1.16 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, 07P73 MAS J ADAM RESTIVO 3694 ARELIA DRIVE S. DELRAY BEACH, FL 33445 (561) 499=8549 OCTOBER 4,2007 MAYOR RITA ELLIS CITY HALL 100 N.W. lst AVENUE DELRAY BEACH, FL 33444 SUBJECT: OPPOSITION TO MIDTOWN DELRAY DEVELOPMENT DEAR MAYOR: 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 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. acr - ~ zooa ~~(~~Z FURTHERMORE, OUR COMMUNITY OF SAADYWOODS ALREADY FACES SEVERE TRAFFIC DIFFICULTIES-WITH THE MANY U-TURNING AND 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, ~~ ~-- EUGE RESTIVO From: Robert Sengberg [mbert@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 gnmvdelravbeach com PROPOSED DEVELOPMENT ON BLOODOS GROVE SITE BY ASCOT DEVELOPMENT TITLED MIDTOWN DELRi4Y -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 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 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. CurFently 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. Addftionally, 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 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-town" developmeht. Your response is very much appreciated. Robert Sengberg 2551 Hampton Cir N Delray Beach, FL 33445 CC: Rita Ellis, Mayor, City of Delray Beach ritaellisCo)mvdelravbeach com Gary Eliopoulos, Commissioner, City of Delray Beach, gpe onmvdelraybeach.com Fred Fetrer, Vice Mayor, City of Delray Beach, fetrernc mvdelravbeach.com Woodie McDuffie, Commissioner, City of Delray Beach, wmcduffief~mvdelravbeach.com Brenda Montague, Deputy Vice Mayor, City of Delray Beach, montegueQmvdelravbeach.com Susan A. Ruby, Esq. ,City Attorney, City of Delray Beach CityAttorney(a~MyDelravBeach 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 to (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 currently 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 the 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 -- Original Message ---- From::Ronnie Glbtzbach To: dorlinoCcilmvdelravbeach.com Cc: rRaellisCaDmvdelravbeach.com ; goeCcO_mvdelravbeach.com ; fetzerC~D_mydelraybeach.com ; wmcduffieCd)mvdelravbeach.com ; montegueCa~mydelravbeach.com ; CitvAttomevCc~MVDelrayBeach.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 dorlina Cd2mvdelravbeach.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 tc 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. Thls is a too dense complex with 3 story high buildings that doesn't go in line with the surrounding neighbofioods. 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 ~LR- Cc ' P~z- October 3, 2007 Mayor Rita Ellis 100NW 1`r Avenue Dehay Beach, FL 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 m the proposed action. It is our opinion that the proposed Midtown Delray development would have a significantly detrhnental effect upon the value and of our homes and the surrounding areas. Several homeowners attended the Planning and Zoning advisory Board 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 Commission 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 115 town houses and a 3-story high medical office building with 148 parking spaces on the ground floor acwmpanied 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 azea and result in an unacceptable environment in which to live. When the Midtown Deh~ay 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 curren0y plenty of vacant housing properties in the area for sale at affordable prices and no shortage of medical offices. Old Genmantown Road already hes 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 haffic is tmly 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 azea in their opposition to this development and rezoning. We too would like to see 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. iV W, Suite 138 • Boca Raton, FL 33431 • (561)241-0285 October 3, 2007 Mayor Rita Ellis City Hall 100 N.W. 1 ~` Avenue ACT'n?007 CITY COM#AISSIa+I Delray Beach, FL 33444~j Re: Midtown Delray Development ! W ~~~~~ `~~~~ G' Dear Mayor Ellis: C C ; ~~~ 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 whle:we try to exit our;development safely. The residents of Shadvwoods have only one way imand 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 stronglyopposed to this construction. I feel that, it will negatively impact the value and character of my home and-o. my be of benefitto some builder who doesn't care hvw dense our community becomes. Please help our community oflong-time, quiet-living residents maintain our way of li#'e and safety in small- town Delray Beach. This is, .after all, why we moved here! Thank you for your consideration, -~ %s ~~- Toni S. Mullen cc: Vice-Mayor Fred Fetzer Deputy Vice-Mayor Brenda Montague . Commissioner Gary Eliopoulos Commissioner Woodie McDuffie :, - ~,. October 3, 2007 Mayor Rita Ellis City Hall 100 N.VJ. 1~` Avenue Delray Beach, FL 33444 Re: Midtown Delray Development. oc~ -'~~ ~~i ~ -~.n C~9!t~j --- ~ ~. ~. PeZ 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 ont of our development: LintonBoulevard. We have no back entrance, no other choice. The Midtown Delray project promises to add another two 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 ELEMEN"fARY SCHOOL traffic. What impact do ..you think this development might have forthe 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. 4 ,. -, 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! you foryour considers 'on, ~~~--~ Thomas R. Mullen cc: Vice-Mayor Fred Fetzer Deputy Vice-Mayor Brenda Montague Commissioner Gary Eliopoulos Commissioner Woodie McDuffie 4144 Palm Forest Drive South Delray Beach, Florida 33445 October 2, 2007 Mayor Rita Ellis City Hall 100 N.W. ts' Avenue Delray Beach, FL 33444 Subject: Opposition to Midtown Delray Development Dear Mayor Ellis: 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 certainly destroy. Furthermore, our community of Shadywoods already faces severe traffic difficulties with the many U-toms and cross traffic from the medical buildings already present within 1t2 mile of our entrances. These d~culties wilt rise exponentially with the addition of another 116 homes and yet another medical facility. I am strongly opposed to this construction. Very tr/uly yours, (~/ . Ross Vallely ~~ Z Page 1 of 1 Jefferson, Candi From: Valek, Denise Sent: Thursday, September 27, 2007 12:23 PM To: Jefferson, Candi Cc: Doling, Paul SubJect: FW: Blood Grove zone district Dartat ff. ?/afek Executive Aseln/ent Planning & Zoning Deparhnent City o/DBlnry Bench 100NW 1stAvenue Delray Be4dr, FL 33444 Phone: SB1-243.7041 Fax: 561-243-7221 velek~a. dalray-heath. fl. us From: Alberta 5. George [maiito: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 morning monitoring traffic and restricting fuming 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 dimurished 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 Mazlc and Marcia Clayman 2706;1iampton;Circle North Delray Beach, Fl. 33445 RECEI~7ED SEP 2 52001 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 DEVELOPMEN'T' ON BLOOD'S GROVE SITE BY ASCOT DEVELOPMENT TITLE MIDTOWN DEI,RAY Delray Beach Planning File #2007-165 and 2007-166 Dear Mr. Dorling: My husband and I have lived in the Andover Community siace 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 wmmunity for so many years has enjoyed the peacefulness and the charm that the whole azea 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. l7 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 such an approval, you must keep inconsideration the density of units is way to high for the area adding to the congestion that as you know during school year 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 MDwda~, Stpten~.ber 24, 200 C8R.T1f1EA RE't'ttRN RECSIAT I-FONOR/4$Lir MIkYORRITi4 6l~ls C%tIJ, o f DeLrA~ Etaoh I00 Northwest i`t,4VCn.ue Aclra~ 8caoh, Florida 33444 RE: proposed Developw~ewt/8lood's e~rovt sift 8~ /FSOOt DeveLopru.ewt Titled Midtoww Aelra~ nel.rA~ Bcaoh plaww%wg gilt ~2DD~-16S JF 20o~-i66 DCGY t-FDwOYable Ma~OY Ellis: Iks you I¢wow, .4scat nevel.opwaewt is plawwiwg to develop the above rt ferewced property. i an,. wr%t%wg to you as aw txtvew~.el~ eowoerwtd horueowwer liv%wg to the cast v f the proposed project ow cltr-M,aw ~roww tioad. t ate. upset about the proposed develop-M,ewt, awol about the rxeetutig t attewded at the City o f DeLra~ Reach, ow MDwda~, stptew~.ber 1~, 200. t was cluitt shoaletd at the laol¢ o f iw forvwatiow awd lewowledgt about the projeat that the pl,awwiwg r Z.owi.wg Board possessed whew it n,.ade such aw i-uportawt dtcisiow that would greatL~ a f ftot rw~ wtighborhood awd others alowg e~ern,.aw Toww woad. The ivwpaot ow tra f fio awd the elevwcwtar~ school dirtotl.~ across the street froru. this proposed devtlopwitwt would also be great. skooordiwg to .atsoot's tra f ~o study, all era f ~i.o fvow~. this develop-u,twt would tweet awd exit at l_iwtow Boulevard. Ever~owe who Lives iw this urea I¢wows that will. N6VER happew. There art wo tra f ~e lights or stop sigws tkat wi,U, prevewt tra f ~o Prone, sptediwg, this could ewdawger n,.aw~ o f our ohildrew who wait for school buses ever~da~ alowg gerYU.aw Toww Road. tw addit%ow, as ourrentl~ proposed awd drsigned, this deveLopw~.ewt wi.LL dtslxo~ the oharvn. o f this uwiclue area iw pelra~ Reach. This project wiU. oi.earl~ be aw eyesore: t3vew several o f the board rwen,.bers adw~.itted that the arohiteotural puns "were juwl¢ ;but I~et; they sti.U. approved parts o f this project. .4dditiowaU.~, the destruot%ow awd eU:wu.watiow o f older growth trees would be a sigw%foeawt loss to our cow~.w~.u.w%t~, as a result o f this pro~tats siu awd dewsit~. .4s a coweerwed residewt o f this beautiful conR.ru.uwit~, ~ reeovw-M,ewd that the City o f Delray 8eaah rtvi.ew the ourrewt reciuest awd future devel.opw~.ewt o f this project. Thawi¢ you for jour t%rxt awd oowsideratiow iw this n+.atter. sawcerel~, G~ --~'-~o'~T sawd~ /kleJCawder FLesidewt o f Delray 8tach ~4wdoVEr (561) ~.i3.1918 Copies Mailed to: e~QrIJ. ~liopoulos, CoYwntiLSSiower, City o f Ddra~ Beach fired ~ttur, vice Mayor, City o f pelra~ 8taoh woodie MaDuf~e, eorww~.iss%ower, City of Delray Brach Brewda Mowtaguc, Dcput~ vice n~ta~or, cittJ, o f ndra~ 8eaoh susaw.4. Ftub~, Escl., City Attorwe~, at}~ of Delray Beach maul Dori.%wg, D%rtotor, pl.aww%wg g z,owiwg, City o f Ddra~ 8tach 'Row Hoggard, ~riwa%pal?i.awwer, C%t~ o f Delray Beach estdio Sreto, sewior'P(.awwer, City o f Delray 8tach Midhael vivus% Rssistawt Plawwer, City o f ptlra~ Beach ixebeoca l"YuxeU., sta f f Assistawt u, city o f pelra~ aeeaoh ~tECEIVED OCT 0 9 2007 CITY ATTORNEY Dorling, Paul From: Ruby, Susan Sent: Monday, September 17, 2007 8:51 AM To: Valek, Denise; Dorling, 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. tat Avenue Delray Beach, FL 33444 telephone: 561-243-7091 Facsimile: 561-278-4755 email: ruby®ci.delray-beach.fl.us -----Original Message----- From: Weaver, Jo Sent: Monday, September 17, 2007 8:02 AM ~ ~ ~~~~~ ,~ To: Ruby, Susan Subject: FW: PZanning and Zoning Board Meeting September 17th: Ascot Susan, This came in through the City's webaite email. Jo Weaver -----Original Message----- Prom: Alex Sanielevi ci (mailto:alexsanl®gmail.com] -yen t: Friday, September 14, 2007 9:37 PM To: PZmailc4MyDelrayBeach.com; Ellta, Rita Cc: Eliopoulos, Gary; Fetzer, Fred; McDuffi e, Woodier montegue4Dmydelraybeach.com; Ci tyA ttorney®MyDelray8each. com; Gray, Joe; Kemp, Kymenski; ClDi rector4a+7yDe1ray8each.com; PermitaLiCensea®MyDelrayBeach.com; Dorling, Paul; HOggdrd, Ron; BretO, ESteliO; Vinci, Michael; Truxell~nydelraybeach.com Subject: Planning and Zoning Board Meeting September 17th: Ascot Hello all, I've been a Delray Beach (Hammock Reserve) resident .and a voting taxpayer since 2001. Though Z won't be able to attend Monday's meeting due to obligations at work, I do wish [o express my severe conaterna ti on at the proposed high-density development that is being proposed to be erected adjacent to my community, along the main road of Hammock Reserve. Approval of this plan as submitted will severely undermine the quaIi ty of life of those living all along the Old Germantown Road corridor. At 3 atori es tall, the proposed uni to will be peering down into our community's yards and swimming pools, undermining our privacy and dominating over our single-story detached housing. The 116 uni to 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 road and intersection during school pickup / drop off times. I urge you to place a reasonable limit (on the order of half of what it is now) upon the denai ty and height Of this proposed development in order tc 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 Sanielevi ci. 1 Jefferson, Candi From: Valek, Denise Sent: Monday, September 17, 2007 1:46 PM To: McDonnell, Mark; Jefferson, Candi Subject: FW: Bloods Orchard Rezoning Dcxlac o4 2/ala6 ExewBve Asslsfanl Planning & Zoning Department Gry of Delray Beach 100 NW 1stAVenue Delray Beach, FL 33444 Phone: 381-2437041 Fax: 581-243-7221 velelt~jd.delray-0each.fl. us From: eheckermdl@mmcast.net [mailto:eheckermdl@comcast.net] Sent: Monday, September 17, 2007 1:07 PM To: PZmail@MyDelrayBeach.com Subject: Bloods Orchard Rezoning My home At 4783 Lakeland Dr. Delray Beach FL33445 is being encroached upon by the threat of the proposed construction on the land previously Bloods Orehazd. 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 azrive 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 pemut this travesty to ruin the entire azea. Erwin and Mazgery Hecker 410 484 3191 9/17/2007 ~o~ca~. ~ ~T~ci~~ 13900 ]OG ROAD, SUITE 203 -212 DELRAY BEACH, FL 33446 PHONE (561) 495-9670 FAX# (561) 495-0888 Ptsit Oar webyfe: www.aBiaaoeofdeLxyrnm September 13, 2007 Ms. Candi Jefferson City of Delray Beach Planning & Zoning Dept. 100 N.W. 1st Ave. Delray Beach, Fl. 33444 Dear Ms. Jeffersoq The Alliance of Delray is concerned that the Midtown Project is being brought to the Planning Zoning Board without the courtesy of presenting the plans to the surrounding communities, such as Shadywood I & II for discussion. There is great anxiety among these communities regarding the entrance and exit traffic flow for this project. Presern traffic on Linton Blvd. is already a burden to residents antering and exiting Shadywood I & II, upon whom the Midtown Project will have the greatest impacx. We trust you will take these facts into consideration when you review the project and have the company building the Ivlidtown Project meet with community leaders. Thank you. Sincerely, Ro~ m President ~SEPu1 4 2007 l~ PLANNING & ZONING ,~~ P3m~ Robert Sdhulbaum, President Larry Zalkin, Exautlro V&is President Mort Mazor, First res President .Lori Vinikoor, ha President. Barbara Zee, Vkn President. Richard Herman, Vice President .EvelynSpidholz, sevelbry . Stan Kalish, fYrasurer 1 Nanq Brin . Edwin Goldwasser .Rhoda Gredfer .Harold IOeiner . Phylas Levine . ]atk Miles . Joshua Gerson, Leya/found Assistant to President: Norma Arnold shadywoods HOMEOWNERS' ASSOCIATION, INC.. 4500 SHADY WOOD DRNE DELRAY BEACH, FL 33445-5747 OFFICE: (561 j 495-0792 September 12, 2007 City of Delray Beach Planning and Zoning Department 100 N.W. I" 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 iII general, and w 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 communityhas two ent<ancgs eashand west of Old Germantown Rd, each within 500 ft Directly across from Shadywoods, on the south side of Linton, is another huge community, Hammock Reserve with 273 homes, which entrance also opens onto Linton. On our western border is situated the Delray Medical Center, and beyond them the , Albertson Shopping Center. Directly across from-the Delray Medical Center, adjacent to Hammock Reserve, are the numerous medical offices at 4800 Linton Blvd, not to mention the Boca Center Shopping Center just beyond. On our eastern border is another community, Lakeside Townhomes. And, only a short time ago Linton Blvd was widened to three lanes to accommodate the obvious increase in traffic. RECEIVED SEP 1 '~ 1007 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.prob(em exiting and entering our two entrances due to the already considerable traffic volume, which cleazly 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-taming 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 Deray project. The City of Dehay 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 azea, Shadywoods should be more than entitled to 'fast considerations prior m 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.. truly, Dominic J. Scadato President, Shadywoods HOA, Inc. Cc: Shadywoods Board of Directors Alliance of Delray Residential Associations, Inc. Page 1 of 2 Valek, Denise From: JOSEPH PROVENZANO (jprovenzano@msn.com) Sent: Wednesday, September 12, 2007 10:37 PM To: PZmaiIQMyDelrayBeach.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 walling to be seen by the physician (if not more) at any given time during the day an'd then..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 1s its rural road appeal which be lust. The proposed project should conform to the surrounding communities in regards to open green space arid, density. 4) Traffic: As it stands now, the traffic from Linton Blvd is not allowed to flow east-bound on to Old Germantown Road 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! 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 Page 1 of I Valek, Denise From: JMM pmconnect@yahoo.comj Sent: Wednesday, September 12, 2007 4:42 PM To: PZmaiI~MyDeirayBeach.com Sutiject: Proposed Rezoning -Modification to the Blood's Grove SAD zone district Regarding proposed project Midtown DeUay 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 - informa6on. 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 aet 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 [mailtc:bolamo@gmail.com] Sent: Sunday, September 09, 2007 7:13 PM To: Ellis, Rita Cc: Eliopoulos, Gary; Fetzer, Fred; McDUffle, Woodier montegue@mydelraybeach.com; CityAttomey@MyDelrayBeach.mm; Gray, Joe; Kemp, Kymenskh ClDirector@MyDelrayBeach.com; PermitsLicenses@MyDelrayBeach.com; Dorling, Paul; Hoggard, Ron; Breto, Fstelio; Vinci, Michael; Truxell@MyDelrayBeach.com; mviale@primemg.com; donmklein@adelphia.net; dklein@ad.fau.edu; alexsahi@gmail.com; pennyhammel@comcast.net; kim@hAagcompanies.mm; wdiatdbc@aol.com; rsmaupin3@aol.wm; bert1283@bellsouth.net; mguzi@proskauer.com Subject: Ascot Development Your Honorable Mayor Rita Ellis, Please find attached a letter describing the serious matter of the Ascot Development on old Blood's Grove site at the west end of Old Germantown Road. A hearing is scheduled before the City Planning and Zoning Board on September 17, 2007 at 6:00 pm, and as you can see by the distribution list, these issues are in the awareness of many City Staff and Residents of Delray Beach. Regazdless of the outcome of the P&Z meeting, we are 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 aware. At your earliest convenience, I would like to meet with you to discuss our concerns in greater detail. Bob I.axnouceaux Resident of Delray Beach, Florida Vice President, Hammock Reserve Homeowner's Association (561) 496-7161 botamo _.gmail.com *** eSafe scanned this email for malicious content *** **• IMPORTANT: Do not open attachments from unrecognized senders *** Sunday, September 9, 2007 FIONORABLE MAYOR RrrA ELLIS 100 Northwest 1~` Avenue Delray Beach, Florida 33444 Re: PROPOSED DEVELOPMENT ON BLOOD'S GROVE STTE BY ASCOT DEVELOPMENT TITLED MIDTOWN~DELRAY Delmy Beach Planning File #2007-165 and 2007-166 Deaz Honorable Mayor Ellis: Sent Yia hand delivery and entail: ritael[is(a3rnydebaybeach.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 Delmy Beach Planning and Zoning, mailed out on September 4, 2007. Ascot proposes to develop .116 residerrtial townhouse units, on the south side of the property, and a commercial structure of approximately 30,000 square feek This project is partly sponsored by the Community Land Trust, and provides a proportion of the project for workforce housing, Although the CLT has admirable intentions, and we certainly welcome the opportunities made available for our community workforce through its efforts, we, as permanent residents of the immediate area, have a considerable stake in our. property and value it as a functional and esthetic comrriunity in addition to our property's financial worth. After thoroughly reviewing this submittal and making every effort to understand the impact of this development with Delray Beach staff responsible for this proposal, it is obvious that an effort is being made by Ascot to `over-develop' and `over-construct' the Blood's Grove site in order to maximize it's profits, resulting in a severe and unnecessary penalty to the residents of the area. And if Ascot Development is allowed to do this, it will be against the will of the community of residents in the immediate area, and from what was learned over the previous several months, against the wilt of the Delray Beach Community Improvements Department, and the Delray Beach Planning Departmenk Ascot Development, in order to develop to the extreme in its proposal, has requested multiple variances and now even waivers on the properly 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. Sunday, September 9, 2007 HONORABLE MAYOR RTTA ELLIS 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 communises, unnecessazily remove all existng vegeffison and trees which provide security and safety to adjacent properties, including Orchard View Community Elementary School, and Orchazd View Pazk, increase the building heights to a level beyond anything in the area, ignore `typical, zeasonable, and appropriate' building set-backs from property lines, add significantly to treffic in the azea, encroach on Linton Road right of ways in order to acquire more constmcsble land for commercial parking, and constmct over the existing canal, just to name some of the issues we have. Literally thousands of the city's residents wilt 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 neazby this proposed development, such as Hammock Reserve, of which I reside, and other communises, such as Andover, Fox Chase, Highland Grove Esffites, Oakmont, Rabbit Hollow, Spanish Wells, Valencia Court, Verona Woods,,and Whispering Oaks, find the proposal unreasonable and unacceptable on many ledels and request that the City of Delray Beach instinct 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 drrectly 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, Hammack Reserve Homeowner's Associason (561)496-7161 bolamo(a?gmail.com (Distribution list on following page) Distribution List: Rita Ellis, Mayor, City of Dehay Beach ritaellis@mydelraybeach.com Gary Eliopoulos, Commissioner, City of Dehay Beach, gpe@mydelraybeach.com Fred Fetzer, Vice Mayor, City of Delray Beach, fetzer@mydelraybeach.com Woodie McDuffie, Commissioner, City of Delray Beach, wmcduffie@mydehaybeachcom Brenda Montague, Deputy Vice Mayor, City of Delray Beach, montegue@mydelraybeach.com Susan A. Ruby, Esq. ,City Attorney, City of Delray Beach Community Lsnd Trust Joseph Gray, Executive Director Kymenski Kemp, Development Manager Commuuity Improvements Lula Butler. Director, Commuuity Improvement Al Berg, Asst Dir, Community Improvement Nancy Davila. City Horticulturist City of Delray Beach City Planning Paul Dorling, Director, Drector, City of Delray Beach Ron Hoggard; Principal Planner City of Delray Beach Estelio Breto, Senior Planner City of Delray Beach Michael Vinci, Assistant Planner City of Delray Beach Rebecca Truxell, Staff Assistant H, City of Delray Beach Planning and Zoning Board S[te Plaa'Review and Appearance Board Germantown Road Homeowners Associations: mviale@primemg.com kim@haagcompanies.wm wdiatdbc@aol.com rsmaupin3@aol.com bcrt1283@bellcouth.net mguzi@proskauer.com dbtttitklein@adelphia.net dklein®ad.fau.edu alexsani(a3gmail.com pennyhammel®comcast.net CityAttomey@MyDehayBeach.com grayj@ci.dehay-beach.fl.us kemp@ci.dehay-beach. fl.us CIDirector@MyDelrayBeach.com CIDirector@MyDelrayBeach.com PemutsLicenses@MyDelrayBeachcora Dorling@MyDelrayl3each.cora Hoggatd@MyDehayBeach.com Bre[o@MyDelrayBeach.com Vinci@MyDelrayBeach. com Truxell@IvfyDelrayBeach. com Page 1 of 1 Valek, Denise From: David Lewin [dllewin@comcast.netj Sent: Friday, September 07, 2007 1:17 PM To: PZmaiIQMyDelrayBeach.com Subject: File #2007-165 & 2007-166 Candi Jefferson Good Aftdrnoon, [ 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. ~hankjng y'ou in advance, _ _ .. Respectfully, David Lewin 415o Palm Forest Drive Nortih Delray Bleach, FL 33445 ~e1:-561-381-4534 +rr- x/11/2007 anm•,.~. Apri16, 2007 FLORIDA OFFICES FORT LAUDERDALE Muntl BOYNfON BEACH www.tCetZICO[r.COm Via Telefax & Rerular U.S. Mail (561) 243-7221 Mr. Michael Vinci, Assistant Planner City of Delray Beach 100 N.W. 1" Avenue Dehay Beach, Florida 33444 Re: Hammock Reserve Homeowners Association, Inc. Midtown Village Delray Our File No. 27786 Deaz Mr. Vinci: LEIGH C. KATZMAN FERREN L. KORR RACHEL E. FRYDIdAN DAVID A. KUPPHRMAN MARK M. H6INISH KENNBfH E. Z.En.aeRGER TENNaLE M. SH@WASH HEATHER 7: EnsI.MAH MAY HUSTEY MARY ANN CHANDLER STEPIfEN A. FINAMORE I wanted to take this opportun}ty to thardcyou, for your quick response concerning my client, _.. Hammock Reserve Homeowners Ass6ciahon„Inc.'s_ inquiries about the Midtown Delray project. As I indicated, myoffice rs gerieial counsel to Hammocks Reserve:: The Boazd thereofhas expressed certain concems with respect to what they believe to be the planned development adjacent to their community (i.e. the Midtown Village proj ect). 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 conceming the project. Based upon what I understand to be your further research in the matter, the City of Delray has no documentation on 51e conceming the development of the subject property, including site plans, requests for vaziance, request for zoning change, orany other application I have advised my chant of the foregoing, and they will continue to monitor the situation. Should my understanding ofyour findings be incorrect, please contact me immediately. Be that as it may, my client does have certain concems with respect to the appazent 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: 1. The set backs to the units adj acent to Orchazd Lane appear to be inadequate. My client believes that.at least as proposed, the scale of the proposed development exceeds. The_chazacter of Hammncks•Reserve and as such, the set backs shonl$ be sigriificantly,increased; :, )nw YY APR 1 ~' 2007 nr I ia' n~ A'4~~€T3~~ftirt.. 1501 Northwest 49th Street • Suite 202 • Fort Lauderdale, Florida 33309 • Tel 954.486.7774 • Faz 954.486.7782 Mr. Michael Vinci, Assistant Planner City of Delray Beach Apri16, 2007 Page 2 2. There appears to be no physical buffer between the development and this presents a security problem to Hammocks Reserve. Thus, in the event the project moves forward, the Association would desire construction of a continuous eight (8~ foot concrete wall, which is simitaz in design to the wall around the adjacent azeas of Hammocks Reserve. Similarly, the Board desires some type ofplanting buffers be installed between the developments; and 3. The height of the buildings appear to be ont of scale to the gerieral character 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.) KATZMAN & KORR, P.A. Yage 1 of 1 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CANDI N. JEFFERSON, SENIOR PLANNER ( ~~ PAUL DORLING, AICP, DIRECTOR PLAN`NIN~G AND ZONILN~G ,~ THROUGH: CITY MANAGER ~ ~-SSj~~r C~~ ~/~ ~,~.C7L 1 ~/ ° ~'~~ DATE: SUBJECT: 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. Review of the rezoning and appeal was set to occur on November 20, 2007. However, at its meeting of November 20, 2007, the City Commission moved to postpone the rezoning and appeal to tonight's meeting December 4, 2007 at the request of the applicant. 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 2.4.7(6)(5) (Waiver Findings) of the Land Development Regulations, and the Goals and Objectives of the Comprehensive Plan. NOVEMBER 27, 2007 City Commission Documentation, Meeting of December 4, 2007 Appeal of SPRAB Action -Midtown Delray (4600 Linton Boulevard) 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 Pfan. 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. On October 24, 2007, the Site Plan Review and Appearance Board (SPRAB) approved the site plan, landscape plan, and architectural elevations (by a vote of 4 to 2) 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 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; and, 2 City Commission Documentation, Meeting of December 4, 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. Subsequently, the applicant revised the development plans to comply with SPRAB conditions and City Commission directions. The modifications included the following: 1. Traffic calming devices have been added both internal and external to 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; and, 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 4, 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 were received on November 20, 2007. These additional changes included the following: The ingress and egress of the project has been modified to include a connection between the residential and commercial areas and a right turn only into the development from Linton Boulevard; 2. The existing landscape buffer along Orchard Lane will be maintained as part of the natural preserve. The landscape buffer has been enhanced with additional landscaping in order to provide a more substantial buffer. 3. The townhouse buildings containing workforce housing units have been evenly dispersed throughout the site plan; 4. Traffic calming devices have been added internal to the development as well as on Park Access Road; 5. Several meetings were held between the City Engineering Department and the traffic engineers to discuss various solutions regarding the entrance to the school. The consensus was to provide a raised crosswalk along with two stop signs, which has been provided and is indicated on the site plan; City Commission Documentation, Meeting of December 4, 2007 Appeal of SPRAB Action -Midtown Delray (4600 Linton Boulevard) 6. Sidewalks have been added along Linton Boulevard and Park Access Road in order to provide for pedestrian traffic; 7. The photometric plan has been revised to comply with the Land Development Regulations of the City of Delray Beach; 8. The residential buildings along the western property line have been staggered in the rear of the buildings (in addition to the already staggering of the units in the front); 9. The ends of the buildings (side elevations) have been further enhanced with architectural features including a new balcony; 10. There are a total of five (5) colors being proposed for this project. Each townhouse building type will have a different combination of these colors in order to create variation throughout the site plan; 11. The residential buildings along the western property line have been staggered in the rear of the buildings; and, 12. 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. 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. However, at its meeting of November 20, 2007, the City Commission moved by a vote of 4-0 to postpone both the rezoning and the appeal to tonight's meeting of December 4, 2007 at the request of the applicant. RECOMMENDATION Commission's discretion. Attachments: • Exhibit "A" SPRAB Conditions of Approval • City Commission Appeal Report of November 20, 2007 • Site Plan Review and Appearance Board Report of October 24, 2007 City Commission Documentation, Meeting of December 4, 2007 Appeal of SPRAB Action -Midtown Delray (4600 Linton Boulevard) EXHIBIT - "A" 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; 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; 5 City Commission Documentation, Meeting of December 4, 2007 Appeal of SPRAB Action -Midtown Delray (4600 Linton Boulevard) 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. 6 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This is an appeal of a decision of the Site Plan Review and Appearance Board (SPRAB) regarding the approval by SPRAB of the Midtown Delray Project located at 4600 Linton Boulevard. This appeal comes before the City Commission on December 4, 2007. 2. The Appellants, Appellee and City staff presented documentary evidence and testimony to the City Commission pertaining to the appeal of the approval by SPRAB of the Midtown Delray Project. All of the evidence is part of the record in this case. Required findings are made in accordance with Subsections I and II. COMPREHENSIVE PLAN: ARE THE COMPREHENSIVE PLAN REQUIREMENTS MET? Is the approval of the site plan, with the conditions listed in Exhibit "A", attached hereto and incorporated herein, consistent with and does it further the policies and objectives of the Comprehensive Plan? Yes No II. LAND DEVELOPMENT REGULATIONS: ARE THE LDR REQUIREMENTS MET? Is the approval of the site plan, with the conditions listed in Exhibit "A", attached hereto and incorporated herein, consistent with Section 2.4.5(F) and Chapter 3 of the Land Development Regulations? Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the development application was submitted and finds that its determinations set forth in this Omer are consistent with the Comprehensive Plan and Land Development Regulations. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies _ the appeal, with the conditions as provided in Exhibit "A", and hereby adopts this Order this 4~' day of December, 2007, by a vote of in favor and opposed. Rita Ellis, Mayor ATTEST: Chevelle Nubin City Clerk 2 EXHIBIT "A" To the Commission Order Regarding the Appeal of the SPRAB Decision for the Midtown Delray Project 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 inGude 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; 3 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. 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ITEM: Midtown Delray - Class V Site Plan, Landscape Plan and Architectural Elevations associated with the construction of a 116-unit townhouse development (of which 32 units are subject to the family workforce housing ordinance) and 29,571 square feet of medical offices, located immediately west of the intersection of Old Germantown Road at Linton Boulevard, approximately 1,950' east of Military Trail (4600 Linton Boulevard). GENERAL DATA: Owner/Applicant ....................... Midtown Delray, LLC ~... ~-° Location ...................................... Southwest corner of Linton Blvd. and Old r Germantown Road r~r,-rrrrrrrn 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 East: South West: Existing Land Use ...................... Proposed Land Use. Water Service ......................... Sewer Service ........................ RL (Multiple Family Residential -Low D OSR (Open Space & Recreation) CF (Community Facilities) RM-8 (Multiple Family Residential - 8 units per acre) Primarily Vacant Land with Vacated Industrial and Retail Structures Mixed Use Development Existing on site via an 8" and 12" water main and several fire hydrants Existing on site via an existing 8" sewer main ' v N ITEM' BE~Q~E THE 'E3€7AR~ The action before the Board is approval of the following aspects of a Class V Site Plan for Midtown Delray, pursuant to LDR Section 2.4.5(F): O Site Plan; O Landscape Plan; and O Architectural Elevations The subject property is located immediately west of the intersection of Old Germantown Road at Linton Boulevard, approximately 1,950' east of Military Trail (4600 Linton Boulevard). ' BAGKGR©UNil3 On April 18, 1994, the Planning and Zoning Board considered a Future Land Use Map Amendment (94-1) for 94 acres (balance of Bloods Grove) from County MR-5 to City designations of 40 acres MD (Medium Density), 40 acres LD (Low Density), 10 acres CC (Commercial Care), 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 allowed 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 (Department of Community Affairs). 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) would 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 approved: • 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. Site Plan Review & Appearance Board Staff Report -Meeting of October 24, 2007 Midtown Delray-Class V Site Plan, Landscape Plan, and Architectural Elevations Page 2 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. • 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 (9.86 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. At its meeting of September 17, 2007, the Planning and Zoning Board recommended approval of the rezoning request to modify 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. The Board also reviewed five (5) waiver requests associated with the proposed development. At its meeting of October 16, 2007, the City Commission approved the amended Blood's Grove Ordinance No. 51-95, to allow the construction of 116 townhouse units and 29,571 sq. ft. medical office building, subject to the following conditions; That significant aesthetic improvements are made to make the architectural elevations more visually appealing; • That the ingress and egress drive way to the proposed development shall be modified; • That the proposed landscape perimeter buffer shall be substantially increased The City Commission had significant concerns on the five waivers requested by the applicant and indicated they would be reluctant to support any waivers particularly #3. Thus, it is attached as a condition of approval that the applicant shall at a minimum revise the site plan and landscape plan to comply with LDR Section 4.6.16 (D) (2) (b). The five waivers included: Waiver #1 to reduced 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)]; • 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)]; Site Plan Review & Appearance Board Staff Report -Meeting of October 24, 2007 Midtown Delray - Class V Site Plan, Landscape Plan, and Architectural Elevations Page 3 Waiver #3 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)]; Waiver #4 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 • 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)]. It is noted that some of the conditions of approval have been addressed with the revised plans. The remaining conditions of approval are included as part of staff's recommendation. The City Commission deferred the second reading of the Ordinance until the Site Plan Review and Appearance Board (SPRAB) has reviewed the proposed project for approval. The action currently before the Board is approval of the site plan, landscape plan, and architectural elevations for the proposed 116 townhouse units and 29,571 sq. ft. medical office building known as Midtown Delray. The development proposal consists of the following: 1. Construction of a 29,571 sq. ft. 3-story high medical office building on the northern portion of the site with 148 parking spaces on the ground floor; 2. Construction of one hundred sixteen (116) fee-simple townhouse units in seventeen (17) three story buildings. Thirty-two of these townhouse units will be designated as workforce housing units. • Building Design "A" includes 6 buildings (#4, 5, 6, 10, 11, 16) of 8 units. These eight units consist of (2) two-bedroom units (1,418 sq.ft.), and (6) three-bedroom units (1,906 sq.ft. each). • Building Design "B" includes four buildings (#12, 14, 15, and 17) of seven units each. These seven units consist of (2) two-bedroom unit (1,418 sq.ft.), (5) three-bedroom units (1,906 sq.ft. each). • Building Design "C" includes five buildings (#1, 2, 3, 8, and 13) of six units each. These six units consist of (2) two-bedroom units (1,418 sq.ft.) (4) three-bedroom units (1,906 sq.ft. each). • Building Design "D" includes 2 buildings (#7 and 9), of five units. These eight units consist of (1) two-bedroom units (1,418 sq.ft.), and (4) three- bedroom units (1,906 sq.ft. each). All units include either a one or two car garage; 3. Construction of a recreational area consisting of a swimming pool with deck, tot lot, rest rooms, ping-pong tables roofed area and cabana area; 4. Construction of 0.50 acres lake; Site Plan Review & Appearance Board Staff Report -Meeting of October 24, 2007 Midtown Delray - Class V Site Plan, Landscape Plan, and Architectural Elevations Page 4 5. Provision of a 0.37 acres upland preserve area located on the northwest side of the site and a 0.09 acres upland preserve area located on the northeast area of the site; 6. Construction of an interior access road and parking; 7. Installation of a sidewalk, and pave brick driveways; 8. Provision of a bus shelter easement; and 9. Installation of associated parking and landscaping. 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: The following table indicates that the proposal complies with LDR Section 4.3.4(K), as it pertains to the SAD (Special Activities District) zoning district requirements: Re uired Provided Buildin Hei ht: Residential Com onent 48' 31'-7" Medical Offices 48' 46' O en S ace 25% 38.2% 25% of the O en S ace for the U land Preserve 25% 18.62% Perimeter Setback 15' 15' - 18' * The applicant has requested 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. At its meeting of October 16, 2007, The City Commission had significant concerns on the five waivers requested by the applicant and indicated they would be reluctant to support any waivers particularly #3. Thus, it is attached as a condition of approval that the applicant shall at a minimum revise the site plan and landscape plan to comply with LDR Section 4.6.16 (D) (2) (b). Performance Standards: The purpose and intent statement of the SAD District is to provide a zoning district for projects which are not otherwise classified or categorized in other zone districts. The zoning designation which would accommodate the proposed 116 townhouse residential development use would be the RM (Multiple Family Residential -Medium Density). The Medium Density Residential (RM) District provides a residential zoning district with flexible densities having a base of six (6) units per acre and a maximum of twelve (12) units per acre. The actual density of a particular RM development is based upon its ability to achieve certain performance standards which are intended to mitigate the impacts of the increased density and ensure that the project is compatible with surrounding land uses. The SAD zoning district allows the applicant to establish the project development standards via the proposed site plan and the amendment of the existing SAD Ordinance 51-95. For the sake of good planning principals geared towards obtaining a good architectural product, it is recommended that the Midtown Delray project (insofar as possible) comply with the required performance standards to mitigate the impacts of the increased density and ensure that the project would be compatible with surrounding land uses and development patterns. Site Plan Review & Appearance Board Staff Report -Meeting of October 24, 2007 Midtovm Delray - Class V Site Plan, Landscape Plan, and Architectural Elevations Page 5 Pursuant to LDR Section 4.4.6(H)(1), a minimum density of six (6) units per acre is established for multiple-family housing projects within RM district. Density may exceed the base of six units per acre only after the approving body makes a finding that the project has substantially complied with performance standards as listed in LDR Section 4.4.6(1). In no event shall a development's total density exceed twelve units per acre. The intent of the standards is to mitigate the impacts of the additional density both external and internal to the site. If a project meets or exceeds all of the standards, and is otherwise consistent with applicable standards and policies of the City's Comprehensive Plan and Land Development Regulations, then the project will be awarded the maximum density. Projects which only partially achieve these standards will be permitted a lower density. It should be emphasized that the RM zoning district regulations do not govern the requirements for this SAD; however, they are used as a reasonable base from which to evaluate the proposal The property is zoned SAD and the proposed (116) unit townhouse development represents 11.76 units per acre (116 residential units / 9.86 acres = 11.76 du/acre). Thus, for the sake of good planning principals geared towards obtaining a good architectural product, it is recommended that the Midtown Delray project should meet the development standards listed in LDR Section 4.4.6(1). These performance standards and the extent to which they have been met are as follows: a) The traffic circulation system is designed to control speed and reduce the volumes on the interior and exterior street network. This can be accomplished through the use of traffic calming devices; street networks consisting of loops and short segments; multiple entrances and exits into the development; and similar measures that are intended to minimize through traffic and keep speeds within the development at or below 25 m.p.h. The 116 townhouses have been oriented along the perimeter of an interior street system, which loops around the development beginning and ending along the east property line with a landscaped island focal point located at the entrance of the development. Traffic calming devices consisting of paver brick pedestrian crosswalks have been proposed at the entrance to the recreational pool area, the tot lot area, and other strategic locations. These traffic calming devices will control speed within the development. The applicant has also indicated that a 20 M.P.H. speed limit will be posted for the development. These proposed elements should be adequate means to control speed within the development. Therefore, the proposed development complies with this performance standard. b) Buildings are placed along the development in a manner that reduces the overall massing, and provides a feeling of open space. Despite the configuration of the lot, which has a north to south diminishing width, the proposed three story buildings have been placed on the site in a manner that maximizes the view of the open spaces and upland preserve areas. Given the location of the proposed 0.50 acre lake on the center of the site, and the upland preserve areas on the northeast and northwest portion of the site, the townhouses, the tot lot area, and the pool area have been placed in a manner that allows a partial view of the proposed lake and upland preserve areas. The proposed development contains 2, five-unit buildings, 5, six-unit buildings, 4, seven-unit buildings, and 6, eight-unit buildings which provide variations in the front elevations and will help lessen the potential perception of massing of the development. All buildings will be three stories in height. While internally the development appears tight, a 15' perimeter setback and landscape buffer to the exterior of the development provides a feeling of open space to the public. Thus, the proposed development complies with this performance standard. Site Plan Review & Appearance Board Staff Report -Meeting of October 24, 2007 Midtown Delray - Class V Site Plan, Landscape Plan, and Architectural Elevations Page 6 c) Where immediately adjacent to residential zoning districts having a lower density, building setbacks and landscape materials along those adjacent property lines are increased beyond the required minimums in order to provide a meaningful buffer to those lower density areas. Building setbacks are increased by at least 25% of the required minimum; at least one tree over 301inear feet (or fraction thereof) is provided; trees exceed the required height at time of planting by 25 % or more; and a hedge, wall or fence is provided as a visual buffer between the properties. The following zoning designations and uses abut the subject property: Zonin Desi nation Use RL (Multiple Family Residential -Low Shady Woods North: Density) South: RM-8 (Multiple Family Residential - 8 Hammock Reserve units er acre CF (Community Facilities) and OSR Fire Station and Orchard View Park East: (Open Space Reserve) Orchard View Elementary School RM-8 (Multiple Family Residential - 8 Hammock Reserve West: units er acre 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. Although the residential development to the west (Hammock Preserve) is less dense at 8 du/ac, the applicant has provided a substantial landscape buffer 15 foot wide which includes Cabbage Palm, Sabal Palmeto, Geiger, Dahoon Holly, Mahogany, Satin Leaf, Shady Lady and Southern Live Oaks trees under planted with a 36" high Viburnum hedge. Along the south property line 8' high Areca Palm trees are provided under planted with a Viburnum hedge. The proposal has increased the landscaping material adjacent to the residential developments. Thus, the development proposal complies with this performance standard. (d) The development offers varied streetscape and building design. For example, setbacks are staggered and offset, with varying roof heights (for multi-family buildings, the planes of the facades are offset to add interest and distinguish individual units). Buildings elevations incorporate diversity in window and door shapes locations; features such as balconies, arches, porches, courtyards; and design elements such as shutters, window mullions, quoins, decorative tiles, etc. The front and rear elevations for the proposed residential building involve an ensemble of complementary colors consisting of white, light cream, green, coral, and dark brown for the walls and a clay color for the "S" the roof. The clay color roof and light brown shutters Site Plan Review & Appearance Board Staff Report -Meeting of October 24, 2007 Midtown Delray - Class V Site Plan, Landscape Plan, and Architectural Elevations Page 7 combined with the dark brown window frames and black railing for the balconies provide a nice accent to the Floridian style of architecture of the buildings. It should be noted that pursuant to LDR Section 4.6.18 (B)(1), buildings or structures which are a part of a present or future group shall have a unity of character and design. The relationship of forms and the use, texture, and color of materials shall be such as to create a harmonious whole. When the area involved forms an integral part of, is immediately adjacent to, or otherwise clearly affects the future of any established section of the City (such as the Hammock Reserve residential development), the design, scale and location on the site shall enhance rather than detract from the character, value, and attractiveness of the surroundings. The applicant has redesigned the residential buildings to avoid the blank wall effect of the side elevations. A similar design treatment given to the front elevation has been provided on the side and rear elevations by incorporating new design elements such as Bahamas shutters and decorative corbels. Incorporating windows on the rear elevations (ground floor) will allow some light and illumination to the hallways that lead into the stairs for the upper floors of the townhouse buildings. The 3-story office building will feature a combination of hipped and gabled roof. The roof will have mostly brown barrel the with a portion of standing seam metal copper color roof. The walls for the first floor including the body and capitals for the columns will be painted with a sepia tan color. The proposed 2 foot high waterline that wraps around the building and the supporting column basement will be painted with a marquis orange, while the upper floor exterior walls will be painted with a very light yellow color. One shape and size of windows are being proposed for the office building. Thus, positive findings can be made with respect to this performance standard. (e) A number of different unit types. Sizes and floor plans are available within the development in order to accommodate households of various ages and sizes. Multi-family housing will at a minimum have a mix of one, two and three bedroom units with varying floor plans. Single family housing (attached and detached) will at a minimum offer a mix of three and four bedroom units with varying floor plans. The project provides two and three-bedroom units along with one-car garage and a two car driveway. The two-bedroom units are 1,418 square feet and the three-bedroom units have 1,906 square feet. Variety has been provided to accommodate households of various sizes and ages. Based upon the above, this standard has been partially accommodated. (t) The development is designed to preserve and enhance existing natural areas and/or water bodies. Where no such areas exist, new areas, which provide open space and native habitat, are created and incorporated into the project. The site has two main upland preserve areas that will be impacted by the proposed development. One wooded upland preserve area is located along 'Park Access Road" and the other upland preserve area is located at the entry onto Old Germantown Road from Linton Boulevard. 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" will adversely affect the neighboring area since it will change the character of the neighborhood. Every property is unique with respect to natural areas and each proposed development must be reviewed in context. Site Plan Review & Appearance Board Staff Report -Meeting of October 24, 2007 Midtown Delray - Class V Site Plan, Landscape Plan, and Architectural Elevations Page 8 The applicant has requested 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 that regard, at its meeting of October 16, 2007, The City Commission had significant concerns on the five waivers requested by the applicant and indicated they would be reluctant to support any waivers particularly #3. Thus, it is attached as a condition of approval that the applicant shall at a minimum revise the site plan and landscape plan to comply with LDR Section 4.6.16 (D) (2) (b). The development has attempted to address this performance standard, in part, with the introduction of some littoral planting areas in the proposed 0.5 acres lake. Therefore, positive findings cannot be made with respect to this performance standard. (g) The project provides a convenient and extensive bicycle/pedestrian network, and access to available transit. The project includes a five foot wide sidewalk on one side of the proposed interior street and that connects townhouse buildings, the pool/cabana recreation area, the tot lot, the guest parking areas, and Linton Boulevard at the entrance to the office development which will provide a pedestrian connection to the available mass transit system. As discussed in greater detail later in this staff report, the development is required to provide a bus shelter easement at the northeast corner of the property which has been indicated on the site plan. Pursuant to LDR Section 6.1.3 (A), 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. There is not a pedestrian connection between Park Access Road, Linton Boulevard and the residential development. Accordingly, a 5' wide minimum sidewalk needs to be provided along Park Access Road and Linton Boulevard, and thus, this is attached as a condition of approval. Positive findings can be made with respect to this performance standard, provided all conditions of approval are met. In conclusion, a finding of substantial compliance can be made with regard to performance standards (a), (b), (c), (d), and (g). Performance standard (e) has partially been met and performance standard (f) has not been accommodated. Therefore, based on the above analyis, positive findings can be made with respect to five (5) of the seven (7) performance standards, and the performance standard requirements of the RM zoning district will have been adequately addressed to support the proposed density of 11.76 units per acre. Parkins: 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 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)(2)(b) and (c), Site Plan Review & Appearance Board Staff Report -Meeting of October 24, 2007 Midtown Delray - Class V Site Plan, landscape Plan, and Architectural Elevations Page 9 governmental, medical and dental offices, including clinics, mental health treatment facilities, and rehabilitative services, 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. Pursuant LDR Section 4.6.9 (c) (2), within townhouse developments, driveways may be used for guest parking, provided that such parking does not result in the space for one unit impeding access to a space of the other. Following is a detailed breakdown of the proposed parking: The development proposal will provide a total of four hundred sixty nine (469) parking spaces for the residential component of the project. Two hundred 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 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=620) while 408 parking spaces are required. Therefore, this LDR requirement has been met. 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 attached as a condition of approval. Minimum Residential Floor Area: The following table indicates that the proposal complies with LDR Section 4.3.4(K) [Minimum residential floor area]. There are ten two-bedroom residential units with a size 1,418 square feet each and 106 three-bedroom residential units with a size 1,906 square feet. Based upon the above, this LDR requirement has been met. Standitrd 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 1,906 106 4 Bedroom Units 1,500 Site Plan Review & Appearance Board Staff Report -Meeting of October 24, 2007 Midtown Delray - Class V Site Plan, Landscape Plan, and Architectural Elevations Page 10 Perimeter Setbacks for SADs Pursuant to Section 4.4.25(D)(1), a minimum setback of 15 feet shall be established around the perimeter of any property developed under the SAD designation. Within the front and any side street setback, the 15-foot setback shall be landscaped and no pavement shall be allowed therein except for pedestrian ways and driveways which provide access to the property and which are generally perpendicular to the abutting street. The proposed development meets and in some cases exceeds the required 15' setback. Liahtins Pursuant to LDR Section 4.6.8, site lighting, limited to a maximum height of 25', must be provided on-site and be consistent with the illumination level requirements included in this section. Further, cutoff luminaries or fixtures provided with cut-off shielding shall be used around the perimeter of the proposed development in order to limit glare and light spillage onto adjacent properties. Standard "Lumec" style light fixtures will be provided for the roadway while standard "Pappi Lighting" style light fixtures will be provided for the parking lot. The proposed pole's height, including the mounted fixture, will range from 19'-4" (Lumec style for roadway area) to 24'-9" (Pappi Lighting style for the parking lot area) above finished grade. The photometric plan included with the submittal complies with LDR Section 4.6.8, and thus, this LDR requirement has been met. Ooen Saace Pursuant to LDR Section 4.3.4(K), within the SAD zoning district, a minimum of 25% open space is required. With a total of 38.2% provided, the LDR open space requirement has been met. Sidewalks: Pursuant to LDR Section 6.1.3 (A), 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. Thus, it is attached as a condition of approval, that a 5' wide sidewalk shall be provided along Park Access Road and Linton Boulevard and that the sidewalk shall be depicted on the site plan, landscape plan, and engineering plans. Saecial 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 provides a 30' landscape setback along Linton Boulevard. Thus, this LDR requirement has been met. Bicycle Parkins: 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 has been provided in close proximity to the pool/cabana recreational area and the tot lot, and thus, this LDR requirement has been met. 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. Site Plan Review & Appearance Board Staff Report -Meeting of October 24, 2007 Midtown Delray - Class V Site Plan, Landscape Plan, and Architectural Elevations Page 11 Other Items: Bus Shelter: Pursuant to 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 has been 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 thus, this is attached as a condition of approval 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. As the proposed townhouse development will be of condominium ownership and involves reconfiguration of lot lines, a subdivision plat is required. The plat must be recorded prior to issuance of any building permits, and is attached as a condition of approval. Right of Way Dedication: Linton Boulevard: Pursuant to 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- waywidth. 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. 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 required sight visibility triangles have been depicted on the site plan and landscape plan, and thus, this LDR requirement has been met. Refuse Enclosure: Pursuant to LDR Section 4.6.6(C) (1 ), dumpsters, recycling containers and similar service areas must be enclosed on three sides with vision obscuring gates on the fourth side, unless such areas are not visible from any adjacent public right-of-way. The development proposal includes recycling containers and aroll-out dumpster with swinging doors accessible from the parking lot of the medical office building. The applicant has stated that maintenance personnel will transfer the trash to the dumpster. A detailed plan which identifies the height, screening materials, and gating to be used for the refuse enclosure has been provided, and thus, this LDR requirement has been met. Underground Utilities: Pursuant to LDR Section 6.1.8, utility facilities serving the development shall be located underground throughout the development and a note to this affect has been placed on the master utility plan. Thus, this LDR requirement has been met Site Plan Review & Appearance Board Staff Report -Meeting of October 24, 2007 Midtown Delray - Class V Site Plan, Landscape Plan, and Architectural Elevations Page 12 WORKFORCE HOUSING: There are 116 townhouse units proposed within the subject property. This equates to an overall density of 11.76 dwelling units per acre. The applicant has indicated that out of the 116 townhouse units proposed, thirty-two (32) will be workforce housing units for low to moderate income families. It is noted that the thirty-two (32) workforce housing units proposed have been clearly indicated on the site plan, and thus, this requirement has been met. For Sale Housing Units: Pursuant to LDR Section 4.7.7, there are numerous requirements that apply to the sale of owner-occupied workforce housing units. These stipulations identify the terms under which these units need to be sold such as eligibility, occupancy, and terms of purchase. A condition of approval is attached that the units are sold in accordance with this section. Resale and Subsequent Rentals of Affordable Units: Pursuant to LDR Section 4.7.8, to maintain the availability of workforce housing units which may be constructed pursuant to the requirements of this program, numerous restrictions have been put into place on the resale of workforce housing. A condition of approval is attached that the terms of resale of these 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. Covenants Enforcement: Pursuant to LDR Section 4.7.9(g), the City of Delray Beach, its successors and assigns may enforce the covenants. No amendments to the covenants shall be made unless by written instrument approved by the City, and thus, this is attached as a condition of approval. Location of Workforce Housing Units: Pursuant to LDR Section 4.7.9(a) and (b), If not located offsite, all workforce housing units constructed or rehabilitated under the work force housing program shall be situated within the development so as not to be in less desirable locations than market-rate units in the development and shall, on average, be no less accessible to public amenities, such as open space, as the market-rate units. Workforce housing units, if located within a market rate unit development or located offsite, shall be integrated with the rest of the development and shall be compatible in exterior design, appearance, construction, and quality of materials and contain comparable HVAC systems and appliances with market rate units and provide them as standard features. It is noted that all 32 workforce housing units have been placed along Park Access Road within buildings # 1, 3, 5, 7, and 17. Thus, it is attached as a condition of approval that workforce housing units shall be evenly distributed among all proposed townhouse buildings. Review and Approval Process: Pursuant to LDR Section 4.7.10(a), final conditions of approval shall specify that the restricted units are priced and/or rented at workforce housing levels and shall state that those units shall be rented and/or sold to the eligible income group. The conditions will also specify the requirements for reporting to the City's Community Improvement Department on buyer eligibility, housing prices, as well as any applicable requirement to record a covenant or to enforce resale restrictions. A condition of approval is attached that requires the reporting to the Community Improvement Department on buyer eligibility and housing prices. The applicant shall include Site Plan Review & Appearance Board Staff Report -Meeting of October 24, 2007 Midtown Delray - Class V Site Plan, Landscape Plan, and Architectural Elevations Page 13 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 thus, this is attached as a condition of approval. Site & Engineering Plan Technical Items: While the revised site plan has been submitted to accommodate staff concerns, there are a few outstanding technical comments included in Appendix C that need to be addressed. LANL7SCAPE AN'ALYS15 A landscape plan has been submitted and evaluated by the City Horticulturalist. There are several technical items that need to be addressed. Landscape Plan Technical Items: While the landscape plan has accommodated most of the staff concerns the following items remains outstanding, and must be addressed prior to building permit submittal: The applicant has modified the waiver request from 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, however, the plan is still deficient in meeting the 25% preservation requirement; only 19% has been provided. Although it is an improvement, I do not support the waiver request since they have failed to demonstrate that the waiver does not diminish or change the character of the neighborhood and the request would in fact, grant a special privilege, in that the same waiver has not been granted under similar circumstances on other property for another applicant or owner. The letter for request of waiver from their attorney's office Weiner & Aronson, PA, states that they meet the findings and should be allowed to reduce their preserve. With respect to (A) I think that 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 with the removal of significant wooded areas and towering specimen trees. Objective B-2 of the Comprehensive Plan Open Space provides language that supports the importance of maintaining these natural areas. Natural areas which provide relief from the urban fabric provide a glimpse of the natural environment of South Florida, provide for a balance between the natural and man-made environment and shall be preserved. As to meeting the findings in (D), I do think they would be granted a special privilege if they were to be granted the reduction in the required preservation areas. Every property is unique with respect to natural areas and each application must be reviewed in context. This is not a waiver request that should be taken lightly as it will surely set a precedent for other development in the City. 3. Per Land Development regulations 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. All development proposals shall protect existing trees on site to the fullest extent possible. 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 only three of them are being 'saved in location'. Site Plan Review & Appearance Board Staff Report -Meeting of October 24, 2007 Midtown Delray - Class V Site Plan, Landscape Plan, and Architectural Elevations Page 14 4. Per the Comprehensive Plan Objective A-3, the development of the remaining vacant land shall provide for the retention of open space and natural resources. This objective shall be met through Policy A-3.3. Proposed development shall accommodate required open space as provided for under Objective B-1 of the Open Space and Recreation Element, which states: The retention of open space is vital to meeting the overall themes of the Comprehensive Plan. Part of the image of open space is that of vistas and streetscapes. The maintenance of vistas and enhancement of streetscapes are objectives which shall be accomplished by the following. Policy 8-1.1 Large open space areas like golf courses and lakes, when developed within a subdivision, shall be located so that they provide a view corridor for the general public. The lake is not only restricted from view for the general public, but only the townhouses surrounding the lake have a view of the lake. The vista coming in from the main entrance provides no view of the lake. 5. Please provide Building numbers on landscape plan 6. No dimensions have been provided for landscaped areas between driveways. Provide a Detail'/<" =1' for the typical landscape designs in front of units. Some areas seem too small for the Live Oaks proposed. 7. No dimensions have been shown on floor plans. It is typical that although a garage is stated as being 20' x 17' it scales from inside wall to inside wall as 19' x 16'. 8. There seem to be an inordinate number of FP&L transformers. Their locations prohibit the installation of trees in front of the units and along the streetscape. There are several locations where there are no trees for a distance of sixty feet. 9. Some street light locations are close to proposed canopy trees. Since trees are not shown at the average mature spread of canopy, there could be a blockage of light in a fairly short time period. Review these areas for adjustments as needed. 10. The landscaping along the streets is very minimal because there is little pervious area to provide landscaping. The streetscape is comprised of side-by-side driveways without any relief. Landscape nodes roughly 10 feet in width occur every other driveway. The landscaping within the nodes is limited to half the length of the space (about 6 feet), since it often coincides with a utility easement, so half the node is shrubs and ground covers and half is sod. Typically there are 6 shrubs, various numbers of ground covers and 1 shade tree. Applicant indicated they have addressed this comment, but the plans have not changed significantly since my last review. There are several buildings where the shrubs and ground covers in front of the door are missing (Building # 7, # 9, # 14, # 15). There are also thin strips between driveways where nothing is shown. What is proposed for these areas? This is an excessive distance for no landscape treatment. Building # 5, # 6,#10,#11&#16 11. SPRAB policy has been to provide a berm along major arterial roadways. Please include this and show grades and elevations on plans. Site Plan Review & Appearance Board Staff Report -Meeting of October 24, 2007 Midtown Delray - Class V Site Plan, Landscape Plan, and Architectural Elevations Page 15 12. Striped out areas under the covered parking can be planted with shade tolerant plants. Applicant acknowledges the comment in their response, but stated there are no plans to provide landscaping in these areas. What is the purpose of these large un-landscaped areas? 13. Medool Date Palms with 18' of grey wood are shown two feet off the commercial building foundation. This will not allow for the long frond length, and possibly the root ball. The building is 52 feet in height and it is probably 34 feet until the roof starts to angle. Note: The applicant has changed the palms from Medool to Foxtail, but the Foxtail's have a frond 8' to 10' in length. There simply is not enough space provided to accommodate the foundation plantings needed to soften a building of this height and scale. The depth of the foundation planting area needs to be increased. 14. A fifteen foot wide 'landscape' buffer has been provided between the commercial and residential properties, however, there is no landscaping in this area along the extreme western end, and limited screening along the rest of the strip. The screening could be enhanced by providing intermediate level under story plantings or small trees (Simpson Stopper, Spanish Stopper, etc) below the Sabal Palms. Some of the Sabals in the group are located in sodded areas. Enlarge planting beds under Sabals and increase density of buffer. 15. A sidewalk is shown on the south side of the entry to the residential area, but it is not clear what pedestrian system this links to. If the Engineering Department has deleted the requirement for sidewalks on the west side of the Park access road, I'm not sure the need for this linkage. 16. There are five palms shown in the entry median and 3 Foxtail Palms are specified. Clarify or revise. 17. The entry plantings are symmetrical in almost every respect except for the Sabal Palms shown on the north side of the entry. The Landscape Architect may want to reconsider this design. 18. On the south side of the entry there is a landscapable area on the interior radius of the sidewalk where plant materials have not been identified. 19. The buffer for Old Germantown Road adjacent to the Commercial area seems a little disconnected. Please reposition the plant materials to the western portion of the buffer and provide a smooth transition between planting beds. ARCHITECTURAL: EL`EVA'tIaNS LDR Section 4.8.18(6)(14) Criteria for Board Action: The following criteria shall be considered, by the Site Plan Review and Appearance Board (SPRAB), in the review of plans for building permits. If the following criteria are not met, the application shall be disapproved: 1) The plan or the proposed structure is in conformity with good taste; good design, and in general contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality. 2) The proposed structure, or project, is in its exterior design and appearance of quality such as not to cause the nature of the local environment or evolving environment to materially depreciate in appearance and value. Site Plan Review & Appearance Board Staff Report -Meeting of October 24, 2007 Midtown Delray - Class V Site Plan, Landscape Plan, and Architectural Elevations Page 16 3) The proposed structure, or project, is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the supplemental criteria which may be set forth for the Board from time to time. The front and rear elevations for the proposed residential building involve an ensemble of complementary colors consisting of white, light cream, green, coral, and dark brown for the walls and a clay color for the "S" file roof. The clay color roof and light brown shutters combined with the dark brown window frames and black railing for the balconies and provide a nice accent to the Floridian style of architecture of the buildings. It should be noted that pursuant to LDR Section 4.6.18 (B)(1), buildings or structures which are a part of a present or future group shall have a unity of character and design. The relationship of forms and the use, texture, and color of materials shall be such as to create a harmonious whole. When the area involved forms an integral part of, is immediately adjacent to, or otherwise clearly affects the future of any established section of the City (such as the Hammock Reserve residential development), the design, scale and location on the site shall enhance rather than detract from the character, value, and attractiveness of the surroundings. The applicant has redesigned the residential buildings to avoid the blank wall effect of the side elevations. A similar design treatment given to the front elevation has been provided on the side and rear elevations by incorporating new design elements such as Bahamas shutters and decorative corbels. Incorporating windows on the rear elevations (ground floor) will allow some light and illumination to the hallways that lead into the stairs for the upper floors of the townhouse buildings. The 3-story office building will feature a combination of hipped and gabled roof. The roof will have mostly brown barrel file with a portion of standing seam metal copper color roof. The walls for the first floor including the body and capitals for the columns will be painted with a sepia tan color. The proposed 2 foot high waterline that wraps around the building and the supporting column basement will be painted with a marquis orange, while the upper floor exterior walls will be painted with a very light yellow color. One shape and size of windows are being proposed for the office building. Thus, positive findings can be made with respect to LDR Section 4.6.18 (E), provided all conditions of approval are met. REQUIRE© FINDINGS 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, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following areas: LDR Section 3.1.1(A) -Future Land Use Map: The subject property has a Future Land Use Map designation of TRN (Transitional) and a zoning designation of SAD (Special Activities District) which are consistent with one another. The proposed town house residential development and medical office building are permitted uses on the property as depicted on the proposed site plan. The residential and medical office 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. Further, LDR Section 4.4.13(B)(4) states that multiple-family dwelling units, excluding duplexes, are permitted with a density up to 30 units per acre. It is noted the Site Plan Review & Appearance Board Staff Report -Meeting of October 24, 2007 Midtown Delray - Class V Site Plan, Landscape Plan, and Architectural Elevations Page 17 overall density is 11.76 units per acre. Thus, positive findings can be made with respect to FLUM consistency. LDR Section 3.1.1(8) - Concurrency: As described in Appendix "A", a positive finding of concurrency can be made as it relates to water and sewer, streets and traffic, drainage, parks and recreation, open space, solid waste, and schools. LDR Section 3.1.1 (C) -Consistency (Standards for Site Plan Actions): As described in Appendix "B", a positive finding of consistency can be made as it relates to Standards for Site Plan Actions. LDR Section 3.1.1(D) -Compliance with the Land Development Regulations: As described under the Site Plan Analysis section of this report, a positive finding of compliance with the LDRs can be made when all outstanding items attached as conditions of approval are addressed. Comprehensive Plan Policies: A review of the objectives and policies of the Comprehensive Plan was conducted and the following applicable objective was 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. By practice and policy, the SAD zoning designation is deemed consistent with the underlying land use as shown on the Future Land Use Map (FLUM). The FLUM designation "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 to accommodate the residential and medical office component will not negatively impact the existing land uses in the area. Additionally, the medical office building provides a suitable transition into the medium density residential uses to the south. In terms of fulfilling land use needs, the City has experienced a rapid increase in multi- family development in recent years and there still exist a need to provide this use, particularly workforce housing. The Housing Element of the Comprehensive Plan calls for the provision of infill housing as well as the development of property to provide a variety of housing types. This development proposal fulfills these needs. Housino Element Policv 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. Site Plan Review 8 Appearance Board Staff Report -Meeting of October 24, 2007 Midtown Delray - Class V Site Plan, Landscape Plan, and Architectural Elevations Page 18 The subject property is adjacent to a residential zoning districts to the south and west is the Hammock Reserve; to the east is Fire Station # 1 and Orchard View Park CF (Community Facilities) and OSR (Open Space Recreational); and to the north is Shady Woods, RL (Multiple Family Residential -Low Density). Based upon the Palm Beach County Trip Generation Rates, the new trips generated for the development will be 1,813 ADT (Average Daily Trip) and would generate a total of 127 A.M. and 163 P.M. peak hour trips. These trips can be accommodated in the adjacent roadway. 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. However, 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. Although the residential development to the west (Hammock Preserve) is less dense at 8 du/ac, the applicant has provided a substantial landscape buffer which includes Cabbage Palm, Sabal Palmeto, Geiger, Dahoon Holly, Mahogany, Satin Leaf, Shady Lady and Southern Live Oaks trees under planted with a 36" high Viburnum hedge. Along the south property line 8' high Areca Palm trees are provided under planted with a Viburnum hedge. The proposal has increased the landscaping material adjacent to the residential developments. Based upon the above, the proposed development will 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. Transaortation Element Policv A-1.3: The City endorses the continued operations of the Palm Tran Transit System and its operations in Delray Beach, and through policies of this Element related to the TCEA, will coordinate with Palm Tran to improve the system. Pursuant to 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, 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 has been 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 thus, this is attached as a condition of approval. Open Space and Recreation Element Policv A-3.1 -Tot lots and recreation areas serving children from toddlers to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. The development proposal includes recreational facilities such as a swimming pool, cabana area, covered area for ping-pong tables, and tot lot. The tot lot is appropriate for toddlers, and the swimming pool and ping-pong tables are appropriate for children and adults. Thus, the recreation area provided is considered appropriate. Based upon the above amenities, compliance with the above regulation has been achieved. Site Plan Review & Appearance Board Staff Report -Meeting of October 24, 2007 Midtown Delray - Class V Site Plan, Landscape Plan, and Architectural Elevations Page 19 Open Space and Recreation Element Policy B-1.3: New developments shall provide central focal points at entries and landscape buffers along the external (arterial, collector) streets which service them. Although the residential development to the west (Hammock Preserve) is less dense at 8 du/ac, the applicant has provided a substantial landscape buffer which includes Cabbage Palm, Sabal Palmeto, Geiger, Dahoon Holly, Mahogany, Satin Leaf, Shady Lady and Southern Live Oaks trees under planted with a 36" high Viburnum hedge. Along the south property line 8' high Areca Palm trees are provided under planted with a Viburnum hedge. A focal point (Landscape Island) at the entry of the development is also being provided. The focal point includes: five Fox Tail palm trees under planted with Variegated Arboricola. Based upon the above arguments, compliance with the above regulation has been achieved. 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. Policies, which will implement this objective, include: Housina Element Policy B-2.2 -The development of new adult oriented communities within the City is discouraged. New housing developments shall be designed to accommodate households having a range of ages, especially families with children, and shall be required to provide 3 and 4 bedroom units and activity areas for children ranging from toddlers to teens. This requirement may be waived or modified for residential development located in the downtown area, and for infill projects having fewer than 25 units. All of the one hundred and six teen (116) proposed townhouses provide two (2) and three (3) bedrooms within seventeen (17) three-story buildings. The residential development is designed to accommodate families with children. Such goal is accomplished by providing a townhouse product that has a one car garage and two car garage driveway, large room sizes, appropriate recreational facilities including a swimming pool, cabana area and a tot lot, and differing floor plans that could appeal to different age groups and household sizes. Consequently, the proposed development is consistent with this housing policy. LDR Section 2.4.5 (F) (5) -Compatibility (Site Plan Findings): The approving body must make a finding that development of the property pursuant to the site plan will be compatible and harmonious with adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. The subject property is bordered on the north side by RL (Multiple Family Residential -Low Density), the south and west RM-8 (Multiple Family Residential - 8 units per acre) and to the east the CF (Community Facilities) and OSR (Open Space Reserve). The existing land uses are the vacant structures for the Blood's Orange Grove. Compatibility is not a concern, as residential uses exist on the surrounding properties. As described under Housing Element Policy A-12-3 additional perimeter landscaping has been provided to mitigate any potential impacts. This multiple family development will be compatible and harmonious with the adjacent and nearby properties and should enhance property values in the area. REVl~W BY' CfTH~~`!S The development proposal is not within a geographical area requiring review by the DDA (Downtown Development Authority) or CRA (Community Redevelopment Agency). Site Plan Review & Appearance Board Staff Report -Meeting of October 24, 2007 Midtown Delray - Class V Site Plan, Landscape Plan, and Architectural Elevations Page 20 Courtesy Notices: A special courtesy notice was provided to the following homeowners and/or civic organizations: • Neighborhood Advisory Council • Hammock Reserve • Shady Woods • Spanish Wells • Fox Chase • Oakmont • Verona Woods • Rabbit Hollow • Andover • Crosswinds • Abbey Delray South Letters of objection or support, if any, will be presented at the Site Plan Review and Appearance Board (SPRAB) meeting. ASSESS=MEN`'f ANCt C{~i+~ICLUSf+DN The development proposal includes the construction of aone-hundred sixteen (116) unit townhouse development with 29,571 sq. ft. of medical offices. These site improvements are being processed via an amendment to the existing SAD created by Ordinance # 51-95. The development proposal is consistent with the policies and objectives of the Comprehensive Plan and meets criteria set forth in Section 2.4.5(F) and Chapter 3 of the Land Development Regulations, provided the attached conditions of approval are addressed. AL'TERNATfVE AGT'I~NS' A. Continue with direction. B. Move approval of the Class V site plan, landscape plan and architectural elevations for Midtown Delray, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(F), and Chapter 3 of the Land Development Regulations, subject to conditions. C. Move denial of the Class V site plan, landscape plan and architectural elevations for Midtown Delray, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Section 2.4.5(F), and Chapter 3 of the Land Development Regulations. STAFF F2ECO~AM'ENDATIC)N By Separate Motions: Site Plan: Move approval of the request for a Class V site plan for Midtown Delray, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(F) and Chapter 3 of the Land Development Regulations, subject to the following condition: That the applicable Site, Landscape Plan and Engineering Plan Technical Items as indicated in Appendix C of the staff report are addressed and four (4) copies of the revised plans are submitted; Site Plan Review & Appearance Board Staff Report -Meeting of October 24, 2007 Midtown Delray - Class V Site Plan, Landscape Plan, and Architectural Elevations Page 21 2. That the applicant shall at a minimum revise the site plan and landscape plan to comply with LDR Section 4.6.16 (D) (2) (b); 3. That the ingress and egress drive way to the proposed development shall be modified; 4. That the proposed landscape perimeter buffer shall be substantially increased. 5. 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; 6. That a plat must be recorded prior to issuance of any building permits; 7. That a bus shelter and along Linton Boulevard shall be constructed according to specifications that will be provided by the City Engineer; 8. That the workforce housing units are sold in accordance with LDR Section 4.7.7; 9. 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; 10. That no amendments to the covenants shall be made unless by written instrument approved by the City; 11. That the applicant shall coordinate with the Community Improvement Department on buyer eligibility and housing prices for the workforce housing units; 12. 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 13. That the workforce housing units shall be evenly distributed among all proposed townhouse buildings. Landscaae Plan: Move approval of the landscape plan for Midtown Delray, by adopting the findings of fact and law contained in the staff report, and finding that the request meets criteria set forth in Section 4.6.16 of the Land Development Regulations, subject to the following condition: 1. That all Landscape Technical Items are addressed and three (3) copies of the revised plans are submitted. Architectural Elevations: Move approval of the architectural elevations for Midtown Delray, by adopting the findings of fact and law contained in the staff report, and finding that the request meets criteria set forth in Section 4.6.18(E) of the Land Development Regulations, subject to the following condition: 1. That three (3) copies of the revised plans are submitted. Site Plan Review 8 Appearance Board Staff Report -Meeting of October 24, 2007 Midtown Delray - Class V Site Plan, Landscape Plan, and Architectural Elevations Page 22 Report prepared by: Estelio Breto, Senior Planner Attachments: Appendix A Appendix B Appendix C Site Plan Landscape Plan Architectural Elevations APP~NC~I7C "~" CONCUFtRENCY? FW DINGS Pursuant to LDR Section 3.1.1(8), 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 form 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 provided traffic study, the proposed development would generate 127 A.M. and 163 P.M. peak hour trips, with1,813 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 Pertormance Standards Ordinance has been received, and thus, positive findings 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 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 a drainage line with an inlet system. 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. A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not a livable Meets intent of standard X sub'ect to condition of a royal Does not meet intent B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D-1 and D-2 of the Transportation Element. Meets intent of standard ~ X (subject to Does not meet intent C. Open space enhancements as described in Policies found under Objective B-1 of the Open Space and Recreation Element are appropriately addressed. Not a livable Meets intent of standard X Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. le ~ X of standard et intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. standard I X Does Appendix C Page 2 F. Vacant property shall be intensity are appropriate physical considerations; remaining land use needs. Not applicable ~ Meets intent of stand Does not meet intent developed in a manner so that the future use and in terms of soil, topographic, and other applicable complementary to adjacent land uses; and fulfills X G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B-2 of the Housing Element. Not applicable X Does not H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. of standard et intent Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable ~ X Meets intent of standai Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. ~plicable ~ X intent of standard not meet intent Appendix A Page 2 SITE PLAN ENGINEER "tECiiNiCAL''ITEMS Preliminary Engineering Technical Comments: 1. Provide an additional isolation valve on proposed water main at northeast guest parking lot. 2. Please verify all existing water and sewer easements are shown on survey, civil and landscaping plans. 3. Irrigation system needs to be designed so it can be converted to reclaimed water when available. Location provided in explanation cannot be found on plans, clearly label location and indicate which sheet. 4. Provide sidewalk on Park Access Road and Linton Boulevard. All sidewalks shall be a minimum of 5-feet wide and located 1-foot off of the right-of-way line. On Linton Boulevard sidewalk must satisfy County requirements. 5. For exclusive water and sewer easements please refer to as water or sewer easement not "E.U.". 6. Exclusive water and sewer easement cannot overlap 10-foot general utility easement, please revise. 7. Provide handicap access from all sidewalks to pedestrian crossing and ingress/egress locations. 8. If right-of-way (80-foot road and 20-foot reservation) is to be abandoned at intersection of Linton Boulevard and Germantown Road, then a 12-foot exclusive sewer easement will be required over existing force main. 9. Proposed development is "fee simple", therefore, proposed design for potable water, sanitary sewer and fire service is unacceptable. Please re-design so services are provided for each unit. Refer to City Standard Details P.W. 9.2 and WW 4.1 for acceptable typical double connection design. Each cleanout and water meter needs to be located within boundaries of each unit. Also provide an individual fire service line to each unit. 10. Verify location of property line on survey, as survey indicates property line over Germantown Road right-of-way. 11. Provide copy of agreements and/or approvals from LWDD for proposed work in their right-of-way. 12. Please clearly show existing 8-inch sanitary sewer force main that runs along Park Access Road and along Linton Blvd on civil plans. Appendix A Page 2 13. At Park Access Road provide sufficient right-of-way for sidewalk and a 40' x 40' right-of- way corner clip. 14. Clearly indicate proposed plans for existing 8-inch and 12-inch water mains and 8-inch force main at southeast corner of site. Please use different line weights for existing and proposed work. 15. Relocate proposed water meter to customer side of easement line. 16. Provide double valves at new connection points. Double valves were not shown on sheet. 17. Provide bus shelter and easement on Park Access Road (get exact location from City and specification for bus shelter.) 18. Provide the following note on Landscape Plans, "any trees or shrubs that are placed within water, sewer or drainage easements shall conform to the City of Delray Beach Standard Details; LD 1.1 & LD 1.2." These Details are to be shown on the Landscape Plans. Landscaping plans were not provided. 19. Provide a detailed description of how each of these comments has been addressed with next submittal, along with two sets of revised plans to the City of Delray Beach Engineering Department, 434 S Swinton Ave., Delray Beach, FL 33444. 20. Additional comments may follow upon submittal of revised plans. 21. Final Engineering comments will be generated after submittal of final engineering plans and must be satisfied prior to obtaining a building permit. The following list represents Typical Final Engineering Comments that may be applicable to this project. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: AMY E. ALVAREZ, HISTORIC PRESERVATION PLANN ~ PAUL DORLING, AfIyC~P~, DIRECTOR PLANNING AND ZONING ~-~~~~-~``''" ~,~''L THROUGH: CITY MANAGER~'p " ! DATE: 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, NOVEMBER 27, 2007 City Commission Documentation, Meeting of December 4, 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 meeting of November 19, 2007. Upon discussion regarding the requirement for a complete redevelopment proposal to be included with demolition requests of both contributing and non-contributing structures, the item was tabled until the scheduled Special Meeting of December 3, 2007. The Planning and Zoning Board recommendation will be communicated at the subject City Commission meeting. By motion, approve on first reading Ordinance No. 55-07, to amend the Land Development Regulations (LDRs) sections 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 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 Delray Beach has the authority to protect the health, safety and welfare of its citizens; and WHEREAS, the City Commission of the City of Dekay 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 Dekay 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 for 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, fagade, 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 maxhnum 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 Delray 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 Delray Beach, Florida, is hereby amended to read as follows: Section 1.4.3 Enforcement: (A) Code Enforcement Board/Heari~ Officer and County Court: When The City Code Enforcement Board/Hearine Officer and County Court in Palm Beach County shall have concurrent jurisdiction to hear and decide cases seeking compliance with these regulations ox 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 fox any building, ox 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 order or cease and desist artier by the Chief Building Official, and other remedies set forth herein. (C) Nothing herein shall prevent the City of Dekay Beach from taking such other lawful action deemed necessary to prevent ox remedy any violation. (Dl 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 Section 2. That Section 1.4.4, "Penalty", 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 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 giants of variances ox conditional uses shall constitute a punishable violation. Any person who violates these Regulations, ox fails to comply with any of its requirements, may be issued 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 and shall upon conviction thereof, be fined not more than $500 ox imprisoned fox 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, ox part thereof, and any architect, agent, builder, contractor, ox other person who knowingly commits, participates in, assists in, ox 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 required to restore the subject improvement, building, site, structure, appurtenance, ox landscape feature, either to its appearance prior to the violation or in accordance with its certificate of appropriateness xequixed by the Historic Preservation Board. (Dl Structures that are individually designated as historic or axe located in historic districts shall be maintained in a secure and attractive manner Neglect of historic stmctuxes/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 ~B)UE 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 Board", 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 quorum. (3) IVa An application fox a Certificate of Appropriateness shall be 3 ORD. NO. 55-07 approved 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 Dekay Beach, Florida, is hereby amended to read as follows: (D) Duties, Powers and Responsibilities: (1) Develop, maintain, and update a survey of azcheological sites, propexries, buildings, structures, and districts of special historic, aesthetic, architectural, cultural, ox social value ox 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 fox 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 Pxeseroation Act of 1966 and regulations and rules drafted pursuant hereto by the National Paxk 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 giant variances from existing ordinances fox properties designated as historic sites, within designated historic districts ox listed on the Local Register of Historic Places. In addition, the 4 ORD. NO. 55-07 Board is empowered to giant 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 architectural styles, colors, building materials, and so forth for 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 fox the purposes of historic preservation. (9) Increase public awareness of the value of historic preservation by developing, conducting, and participating in public education programs. (10) Make recommendations to the Commission concerning the use of grants from federal and state agencies, and the use of City funds to promote the preservation and conservation of historically and aesthetically significant archaeological 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 arrange agreements to help insure the conservation and preservation of historically and aesthetically significant sites, buildings, structures, and districts fox which demolition ox 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, property, ox interest in property 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 City 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 fox the City to help property owners fulfill the regulations and requirements of this section and the regulations fox historic preservation developed by the Historic Preservation Board 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 Dekay 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 ox archaeological sites, or buildings, structures, improvements, and appurtenances within historic districts mill 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 application fox redevelopment of the property. Approvals fox demolition shall not be granted until the redevelopment application has been approved. The demolition shall not occur until a building permit has been issued for 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 Delray Beach, Florida, is hereby amended to read as follows: (F~ Restrictions on Demolitions: No structure within a Historic District or on a 6 ORD. NO. 55-07 Historic Site shall be demolished without first receiving a Certificate of Appropriateness pursuant to Section 2.4.6(Hl €e~-tkaE-pr~pese. The Historic Preservation Board shall be guided by the following in considering such a request. (1) The Historic Preservation Board upon a request for 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, ox buildings, structures, or appurtenances within designated historic districts; (a) Whether the structure is of such interest ox quality that it would reasonably fulfill criteria fox designation fox listing on the national register. (b) Whether the structure is of such design, craftsmanship, or material that it could be reproduced only with great difficulty ox 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 welfaze of the city by providing an opportunity to study local history, architecture, and design, or by developing an understanding of the importance and value of a particular culture and heritage. (e) Whether there aze defiaite a roved plans fox immediate reuse of the property if the proposed demolition is carried out, and what effect those plans will have on the-eliatxetex-e€ the surrounding area. (2) No decision of the Board shall result in undue economic hardship for the property owner. The Board shall have authority to determine the existence of such hardship in accordance with the definition of undue economic hazdship found in Subsection (H). (3) The Board's refusal to grant a Certificate of Appropriateness requested by a property owner fox the purpose of demolition will be supported by a written statement describing the public interest that the Board seeks to preserve. (4) The Board 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 Boazd 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 Boaxd may delay the demolition of designated historic sites and contributing buildings within historic districts for up to six months while demolition ofnon-contributing buildings within the historic district may be delayed for up to three months. (5) During the demolition delay period, the Boaxd 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, or agencies, and exploration of the possibility of moving one or more structures or other features. (6) The Boaxd 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, architectural details and omaznents, fixtures, and the like fox reuse in the restoration of the other historic properties. The Boaxd 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 azchitectuxal details for 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 (2Lpies 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 Board or the Dekay Beach Historical Society may salvage and preserve building materials, azchitectuxal details, and ornaments, textures, and the like at rhea expense, respectively. I~ The owner shall provide the following information on his/hex annlication fox any contributing structure in a historic district ox individually designated historic structure: (al A certified report from a registered architect or 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 photographs to substantiate the damage. lbl A certified 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. 8 ORD. NO. 55-07 xo ex {dl Documentation that reasonable efforts have been made to find a suitable alternate location fox the structure within the City of Delray 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 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 ox part thereof other than the part declared 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 and fmal reading. PASSED AND ADOPTED in regular session on second and final reading on this day of .2007. MAYOR ATTEST: City Clerk First Second Reading 9 ORD. NO. 55-07 PLANNING AND ZONING BOARD'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. ITEM BEFORETHE BOARD' 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. BACKGROUND AND DESCRIPTION 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 2.2.6(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. L[aR TE%T AMENIDN)~~1'1' AiItFALYSIS 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). f2EQUIREC3 FNOINGS LDR Section 2.4.5(M-(5) (Findingsl: 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 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. 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 Plan. 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. Housina 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. Housina 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. Housina 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. Housina 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. Housina 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 Manaaement 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 Manaaement 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. ASSI~SSSMENT 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. REVIEW B`ll'fi9TH~l~S 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 ALTERNATIVE ACTION'S 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.) RECOMMENDATION 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: MARK MCDONNELL, AICP, ASST. DIRECTOR OF PLANNING AND ZONIN PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER ~~ DATE: NOVEMBER 27, 2007 SUBJECT: AGENDA ITEM # I PJ •l,- REGULAR MEETING -DECEMBER 4. 2007. CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR), AMENDING SECTION 4.4.24, OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD), SECTION 4.4.24(C), TO ADD THE ACCESSORY USES ASSOCIATED WITH THOSE CENTRAL BUSINESS DISTRICT (CBD) PRINCIPAL USES THAT ARE CURRENTLY ALLOWED IN SPECIFIC AREAS OF THE OSSHAD. ITEM BEFORE COMMISSION The item before the City Commission is aCity-initiated amendment to Land Development Regulations (LDRs) Section 4.4.24 (C), Accessory Uses and Structures Permitted, to add CBD accessory uses to the principal CBD uses currently allowed on specific lots within the OSSHAD. BACKGROUND Principal permitted uses and structures that are allowed in the Central Business District are also currently allowed in certain geographic areas of the Old School Square Historic Arts District by LDR Section 4.4.24(6)(12). This amendment will add the accessory uses of the CBD associated with those principal uses to the list of allowed uses. Following are the accessory uses that are to be added when associated with the principal uses of the CBD: (1) Parking lots. (2) Refuse and service areas. (3) Provision of services and repair of items incidental to the principal use. (4) Storage of inventory either within the same structure as where the sale of goods occurs or in a separate structure on the same parcel provided that such storage facilities are not shared or leased independent of the primary commercial use of the site. (5) A single family residence, either separate or within a structure housing a nonresidential use, provided that the residence is occupied by the owner, proprietor, or employee of a business enterprise conducted on the property. (6) Recreational facilities attendant to amulti-family residential development, such as tennis courts, swimming pools, exercise areas, and meeting rooms City Commission Documentation, Meeting of December 4, 2007 City-Initiated Amendment to the LDRs RE: CBD accessory uses added to OSSHAD (7) Single level mechanical parking lifts for in-fill development projects, pursuant to the requirements of Sections 4.6.9(D)(11) and 4.6.9(F)(4). REVIEW BY OTHERS Pineapple Grove Main Street reviewed the amendment at their November 7, 2007 meeting and recommended approval. The Community Redevelopment Agency reviewed the amendment at their November 8, 2007 meeting and recommended approval. The Downtown Development Authority reviewed the amendment at their November 12, 2007 meeting and recommended approval. The West Atlantic Redevelopment Coalition reviewed the amendment at their November 14, 2007 meeting and recommended approval. The Planning and Zoning Board considered the subject LDR Amendment at its meeting of November 19, 2007 and voted unanimously 6-0 to recommend approval. RECOMMENDATION By motion, approve on first reading Ordinance No. 57-07, to amend Land Development Regulations (LDRs) Section 4.4.24, Old School Square Historic Arts District, Section 4.4.24 (C) Accessory Uses and Structures Permitted, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). Attachments: • Ordinance No. 57-07 • Planning and Zoning Staff Report of November 19, 2007 ORDINANCE NO. 57-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)", SUBSECTION 4.4.24(C), "ACCESSORY USES AND STRUCTURES PERMITTED", TO ALLOW THE CBD ACCESSORY USES IN THE SAME AREAS OF THE OSSHAD DISTRICT WHERE THE PERMITTED USES OF THE CBD ARE ALREADY ALLOWED; 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 November 19, 2007, and voted 6 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)", Subsection 4.4.24(C), "Accessory Uses and Structures Permitted", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (C) Accessory Uses and Structures Permitted: The following uses are allowed when a part of, or accessory to, the principal use: (1) Uses and structures nonnally associated with residences such as: bird aviaries, dog houses and dog runs, garages, greenhouses, guest cottages, playhouses, pool houses and covers/enclosures, pump houses, slat houses, storage sheds, workshops, swimming pools, and home occupations. (2) On a parcel that has as its principal use anon-residential use, there maybe no more than two residential units, either within a sepazate structure or within a structure housing anon-residential use. DELETED (a), (b), (c). (3) Family Day Care (4) Parking lots and refuse storage areas (5) Outdoor dining areas which are accessory or supplemental to a restaurant or business use, provided the operation of the outdoor dining azea is limited to daylight hours. (6) Within the following described areas, the uses allowed as accessory uses in Section 4,4,13(C) 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 (bl Lots 1- 4, Block 61 (cl Lots 1- 7 and 19-24, Block 69 {d) Lots 7- 8, and the South 34.75 feet of Lot 6, Block 75; and (e) Lots 1- 6, Block 76 Section 3. That 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 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading. ORD. NO. 57-07 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. 57-07 PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: NOVEMBER 19, 2007 AGENDA NO: IV.C. AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR), AMENDING SECTION 4.4.24, OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD), SECTION 4.4.24(C), TO ADD THE ACCESSORY USES ASSOCIATED WITH THOSE CENTRAL BUSINESS DISTRICT (CBD) PRINCIPAL USES THAT ARE CURRENTLY ALLOWED IN SPECIFIC AREAS OF THE OSSHAD. fTEM BEFORE THE BOtkRD The item before the Board is to make a recommendation to the City Commission regarding acity- initiated amendment to Land Development Regulations (LDRs) Section 4.4.24 (C), Accessory Uses and Structures Permitted, to add CBD accessory uses to the principal CBD uses currently allowed on specific lots within the OSSHAD. 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. Principal permitted uses and structures that are allowed in the Central Business District are also currently allowed in certain geographic areas of the Old School Square Historic Arts District by LDR Section 4.4.24(6)(12). This amendment will add the accessory uses of the CBD associated with those principal uses to the list of allowed uses. Following are the accessary uses that are to be added when associated with the principal uses of the CBD: (1) Parking lots. (2) Refuse and service areas. (3) Provision of services and repair of items incidental to the principal use. (4) Storage of inventory either within the same structure as where the sale of goods occurs or in a separate structure on the same parcel provided that such storage facilities are not shared or leased independent of the primary commercial use of the site. (5) A single family residence, either separate or within a structure housing a nonresidential use, provided that the residence is occupied by the owner, proprietor, or employee of a business enterprise conducted on the property. (6) Recreational facilities attendant to amulti-family residential development, such as tennis courts, swimming pools, exercise areas, and meeting rooms (7) Single level mechanical parking lifts for in-fill development projects, pursuant to the requirements of Sections 4.6.9(D)(11) and 4.6.9(F)(4). Planning and Zoning Board Meeting, November 19, 2007 LDR Amendment -CBD accessory uses added to OSSHAD REQUtREI~ FIN131NCS Comprehensive Plan Conformance LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. The following objective was identified: Objective A-5 states that "[t]he City shall maintain its Land Development Regulations, which shall be regularly reviewed and updated, to provide streamlining of processes and to accommodate planned unit developments (PUD), mixed-use developments, and other innovative development practices." The proposed amendment furthers this objective and is therefore consistent. REVIEW BY{#THBRS The following advisory boards reviewed and made the following recommendations: Pineapple Grove Main Street reviewed the amendment at their November 7, 2007 meeting and recommended approval. The Community Redevelopment Agency reviewed the amendment at their November 8, 2007 meeting and recommended approval. The Downtown Development Authority reviewed the amendment at their November 12, 2007 meeting and recommended approval. The West Atlantic Redevelopment Coalition reviewed the amendment at their November 14, 2007 meeting and recommended approval. Notices: A courtesy notice was provided to the following organization: • Neighborhood Advisory Council Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ASSESSMENT AND CdNCLIiSION The purpose of this city-initiated LDR text amendment is to include the accessory uses of the CBD and apply them to certain lots within the OSSHAD zoning district. ALTEFtN;4T1YE ACTIC?NS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations Section 4.4.24, Old School Square Historic Arts District, Section 4.4.24 (C) Accessory Uses and Structures Permitted, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is 2 Planning and Zoning Board Meeting, November 19, 2007 LDR Amendment - CBD accessory uses added to OSSHAD consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). C. Move a recommendation of denial to the City Commission of the amendment to Land Development Regulations Section 4.4.24, Old School Square Historic Arts District, Section 4.4.24 (C) Accessory Uses and Structures Permitted, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is not consistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M) (motion to be made in the affirmative). REC~NIMENpEp ACTIfJN Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations, Section 4.4.24, Old School Square Historic Arts District, Section 4.4.24 (C) Accessory Uses and Structures Permitted 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). Attachment: Proposed Ordinance 3 MEMORANDUM TO: Mayor and City Commissioners FROM: City Manager ~-~9s~+GM DATE: November 28, 2007 SUBJECT: AGENDA ITEM -REGULAR COMMISSION MEETING OF DECEMBER 4.2007 ORDINANCE NQ56-07 AMENDING THE COMPOSITION REQUIREMENTS FOR T$E_I~IDS AND COPS COMMITTEE This ordinance is before Commission for second reading for an ordinance amending Chapter 32, "Depamnents, Boazds and Commissions", of the Code of Ordinances of the City of Delray Beach, Florida, by amending Section 32.41, "Composition; Terms; Appointment", to clazify the composition of the Kids and Cops Committee. BACKGROUND At the first reading on November 20, 2007, the Commission passed Ordinance No. 56-07. Recommend approval of Ordinance No. 56-07 on second and final reading. O' ORDINANCE NO.56-07 AN ORDINANCE OF THE QTY COMMISSION OF THE QTY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 32, "DEPARTMENTS, BOARDS AND COMMISSIONS", OF THE CODE OF ORDINANCES OF THE QTY 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 QTY COMMISSION OF THE QTY OF DELRAY BEACH, FLORIDA, AS FOLLOWB: Section 1. That Chapter 32, "Departrrtertts, Boards and Commission', Section 32.41, "Composition; Terms; Appointtr>extt" 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 rrembership to be selected as follows: (1) A representative from the Parks and Recreation Depatt>nertt as designated by the Director of Parks and Recreation; (2) A Representatives, not to exceed three, of the Delray Beach Police Departrxtertt, as designated by the Chief of Police; w r ~ v ~ (5) A representative from °~~'~llewi~g schools serving Delray Beach residents as ma be designated by the respective school principals, r /C1 A 7. ....a..a:. .. ,i,,,.:.....a,.,] l... al.,...a...7....a ,. ..:1 .,F - Lfi,... ,,. .. ~~ A citizen-at-large rep~itative. The citizen-at-large representative may be designated by a community civic orgfu~ization interested in the enhancement of the program or maybe designated by the City Commission; ~,~ TCee--(~ Three f31 at-large representatives appointed by the City Commission T'he City Commission may appoint other members if a vacancy exists in any category and the City Qerk provides notice to the City Corrunission that despite reasonable efforts to have the appointments filled as provided within the ordinance the City Clerk has been unable [to] secure the appointments. (B) The members of the Kids and Cops Committee shall serve two (2) two-year terms. The chit 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 occtu~ on the Kids and Cops Comrruttee, 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 Comm;ac;on 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 rrierriber 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 w~role 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 herebyrepealed 2 ORD. 56-07 Section 4. That this ordinance shall become effective upon its passage on second and final reading. day of MAYOR ATTEST: City Clerk First Reading Second R PASSED AND ADOPTED in regular session on second and final reading on this 2007. ORD. 56-07