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12-11-07 Agenda RegCity of Delray Beach Regular Commission Meeting C RULES FOR PUBLIC PARTICIPATION 1. PUBLIC CONiNiENT: 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 aze business meetings Tuesday. December Il. 2007 and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor or Regular Meeting 6:00 p.m. presiding officer has discretion to adjust the amount of time allocated. Public Hearings 7:00 p.m. Commission Chambers . A• Public Hearings: Any citizen is entitled to speak on items under this Delray Beach City Hall section. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: Public input on agendaed items, other than those that aze 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. ADDRESSINO THE CONiNiI88ION: 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 prepazes such record. 100 IVW 1st Avenue Deleay Beach, Florida 33444 The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, Phone: (561) 243-7000 progrem, or activity conducted by the City. Contact Doug Smith at 243-7010, Fax: (561) 243-3774 24 hours prior to the event in order for the City to accommodate your request. Adaptive listening devices are available for meetings in the Comnussion 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. Martin Luther King, Jr. Day -January 21, 2008 PRESENTATIONS: A. RESOLUTION NO. 68-07: Recognizing and Commending Captain Mark S. Davie for 30 years of dedicated service to the Ciry of Delray Beach B. City of Delray Beach Residents' Academy Certificates -Janet Meeks C. Chiefs Achievement Award fox the Dekay Beach Police Department Dive Team - ChiefSchroeder 8. CONSENT AGENDA: City Manager Recommends Approval. A. RATIFICATION OF THE APPOINTMENTS TO THE ffiDS AND COPS COMMITTEE: Approve and ratify certain appointments to the Kids and Cops Committee to serve two (2) year terms ending November 30, 2009. B. RESOL GRANT/SOUTH FLORIDA WATER MANAGEMENT DISTRICT (SFWMDI: 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. ASSOCIATES. INC.: Approve Amendment No. G to David Miller and Associates, Inc. Architectural Services Agreement Section VII(A)(2)(a) to adjust the hourly rates by five percent (5%). 12-11-2007 -2- D. STATE HOUSING INITIATIVE PARTNERSHIP (S~~ 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 parmership with a participating Community Development Corporation (CDC) and/or eligible non-profit organizations. Funding is available from 118-192455449.20 (State Housing Initiatives Partnership). E. NEIGHBORHOOD RESOURCE CENTER/UNITED WAY PROSPERITY CENTER: Approve an amendment to the Memorandum of Agreement (MOA) with the United Way of Pahn Beach County (UWPBC) for the Prosperity Center at the Neighborhood Resource Center providing that the City will fund a one (1) time grant in the amount of $22,000.00 in support of the Prosperity Center Manager position for FY 2007/2008. F. AMENDMENT TO AGREEMENT/ACHIEVEMENT CENTERS FOR CHILDREN AND FAMILIES: Approve an Amendment to the agreement between the Ciry 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 Pazks and Recreation Department for FY 2007/2008. Funding is available from 001-4111- 572-83.01 (General Fund/Other Grants and Aids). G. RFOUEST FOR SIDEWAI=K DEFER_RAr /1516 LAS' DR_1VF• Approve a request to defer the installation of a sidewalk in front of 1516 Lake Drive. H. FINAL SUBDIVISION PLAT APPROVAL/OLD SCHOOL SOUARE PARKING GARAGE AND PARK SITE PLAT: Approve the subdivision plat for the Old School Square Parking Garage and Park Site Plat, located in Block 76 and bounded by an alley on the south, N.E. 1" Avenue on the west, N.E. 1" Street on the north and Pineapple Grove Way (N.E. 2"d Avenue on the east). I. CFRVIGE ALITHORI~ATION NO 040L5/GH2M HIL- ING • Approve Service Authorization No. 04-01.5 (Amendment 5 to Service Authorization No. 1) to CH2M Hill, Inc. in the amount of $12,211.00 for professional engineering services in identifying pre-treatment options for removing contaminants from the Aquifer Storage and Recovery Well. Funding is available from 442-5178-536-46.90 (Water/Sewer Renewal & Replacement Fund/Other Repair & Maintenance Costs). 1. CDB CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPERI: Approve the Community Development Block Grant (CDBG) Consolidated Annual Performance and Evaluation Report (CAPER) for FY 2006-2007 as required by the U.S. Department of Housing and Urban Development. 12-11-2007 -3- K. HOUSING REHABILITATION GRANT/CONTRACT AWARD: Approve a Housing Rehabilitation grant/contract awazd to Master Contractors, Inc. in the amount of $21,614.25. Funding is available from 118-1963-554-49.19 (Community Development Fund/Housing Rehabilitadon); and approve a waiver request to the Neighborhood Services Division's approved Policies and Procedures that limits bid awards to be within ten percent (10%) of the in-house estunate. L. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUB- RF.['iPiF.NT FUNDING AGREEMENT/URBAN LEAGUE OF PALM BEACH COUNTY: Approve and authorize the execution of a funding agreement with one (1) sub-recipient (the Urban League of Palm Beach County, Inc.) under the Community Development Block Grant (CDBG) program for FY 2007-2008, with the total funding in the amount of $7,410.00. Funding is available from 118-1966-554- 83.01 (Community Development Fund/Other Grants and Aids). M CHILDREN AND FAMILIES: Approve and authorize the execution of a funding agreement with one (1) sub-recipient (Community Child Caze Center d/b/a Achievement Centers for Children and Families) under the Community Development Block Grant (CDBG) program for FY 2007-2008, with the total funding in the amount of $75,000.00. Funding is available from 118-1966-554-83.01 (Community Development Fund/Community Child Caze Center). N. R$SOr.rrriOiv NO. 70-07/FLORIDA DEPARTMENT OF TRANSPORTATION ~(~DOT)/LANDSCAPE IMPROVEMENTS: Approve a Memorandum of Agreement (MOA) with the Florida Department of Transportation (FDOT) for the maintenance of landscaping along SR 806 (E/W Atlantic Avenue) from S.W./N.W. 12'" Avenue to SR AlA; and approve Resolution No. 70-07. p. CPF.CiAi. F.VF.NT R .niTF.ST/ART 1¢r jA_zZ ON THE AVENUE: Approve a special event request for the Art & Jazz on the Avenue scheduled for January 17, 2008 from 6:00 p.m. to 10:00 p.m.; granting a temporary use pemvt per LDR Section 2.4.6(F) for the closure of Atlantic Avenue from Swinton Avenue to the west side of N.E./S.E. 7°i Avenue, Railroad Avenue from Atlantic north to north side of the east/west alley, and to the alleys north and south of Atlantic on N.E./S.E. 1" Avenue, N.E./S.E. 2nd Avenue, S.E. 3`' Avenue, N.E./S.E. 4°i Avenue, and authorize staff support for security and traffic control, banner hanging/removal, barricade set-up/removal, trash removal, clean up assistance, and with payment of costs to the Ciry per the agreement between the City and the Downtown Marketing Cooperative. p. rnt~**uerr RFNR<vlAi./HR A( TiTARiAl_ SRRViCF.S_ iNC_e Approve renewal of an agreement with HB Actuarial Services, Inc. in the amount of $12,000.00 for professional services related to property and casualty insurance. Funding is available from 551-1575-591-31.90 (Business Insurance Fund/Other Professional Services). 12-11-2007 -4- Q. R . EW OF PPEAI.ARI.F. LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period from November 19, 2007 through November 30, 2007. R. RF.ViF.W OF APPRAi.ARi•R i.AND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boazds for the period from December 3, 2007 through December 7, 2007. S. AWARD OF BIDS AND CONTRACTS: Contract award to RSI of Florida in the amount of $174,993.00 for the Fite Station No. 2 Re-Roofing Project. Funding is available from 334-6112-522- 46.15 (General Construction Fund/Roof Repair-Fue Station). 2. Contract awazd to Total Quality Construction Services, Inc. in the amount of $]56,727.74 for the construction of the west pazking lot at the Delray Beach Swim and Tennis Center. Funding is available from 117-4133-572-65.57 (Recreation Impact Fee Fund/Swim and Tennis Pazking Lot). 3. Purchase award to The Armored Group, LLC in the amount of $96,335.00 fot the purchase of a new SWAT truck for the Delray Beach Police Department. Funding is available from 501-3312-591-64.20 (Central Garage Fund/Automotive). 4. Purchase award to Chaz Equipment Inc. in the amount of $50,000.00 for Sanitary Sewer Manhole Rehabilitation under the terms and conditions of the current annual contract. Funding is available from 442-5178-536-63.82 (Water/Sewer Renewal & Replacement Fund/Sanitary Sewer Manhole Rehabilitation). 5. Purchase awazd to Line-Ter, Inc. in the amount of $25,000.00 for the Water Service Relocations. Funding is available from 442-5178-536-65.17 (Water/Sewer Renewal & Replacement Fund/Water Service Relocations). 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 Boazd's decision regazding the budding elevations associated with the Class IV site plan modification for Pediatrics By The Sea, located at 285 S.E. 5"' Avenue. (Quasi Judicial Hearin B. WA_iVF'R REQi1FSTS/PEDLATR_iCS BY THE SEA: Consider a request for waivers associated with the Class IV Site Plan Modification for Pediatrics By The Sea located at the northeast comer of S.E. Ss' Avenue and S.E. and Street (285 S.E. 5d' Avenue). (Quasi Judicial Hearing) 12-I1-2007 -5- C. WAIVER REOUESTS/ONNEN DISASTER AND RECOVERY CENTER• Consider a request for waivers associated with the Class IV site plan modification for Onnen Disaster and Recovery Center, located at 234 N.E. 4's Avenue. (Quasi-judicial Heating) D. CONDITIONAL USE REOUEST/WAL-MART: Consider a conditional use request to allow the establishment of a 24-hoax or late night business for Wal-Mart, located on the west side of Military Trail, approximately 650 feet south of Linton Boulevazd (16205 South Military Trail). (Quasi Judicia/ Hearing) E. CONDITIONAL USE EXTENSION REQUEST/ATLANTIC SHORES: Consider a conditional use extension request to increase the budding height to a maximum of 60 feet and to allow an increase above 30 dwelling units per acre (41.30 du/ac) fox 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. WAIVER REQUESTS/HAMMAD SHOPPES: Consider two (2) waiver requests associated with the Class III Site Plan Modification fox the property located at 139 N.W. 5`s Avenue, Hammad Shopper, West Settlers Historic District. (Quasi;judicial Hearing) G. WAIVER REQUESTS/COMMUNITY LAND TRUST. INC.: Consider a request fox waivers of Land Development Regulations (LDR) Section 4.1.4(D), "Use of Lots of Record," and Section 4.7.12, "Other Incentives", governing the use of 40 foot lots under the Workforce Housing Ordinance fox four (4) parcels submitted fox permitting by the Community Land Trust, Inc. The properties axe located at 313 S.E. 5`" Street, 317 S.E. Ss' Street, 46 N.W. 11`s Avenue and 48 N.W. 11`" Avenue. (Quasi- Judicial Hearing) H. WAIVER REQUEST/SPADY CULTURAL GOMPLEX• Consider a waiver request associated with the Class IV Site Plan Modification for the property located at 154 -170 N.W. 5`s Avenue, Susan Williams House and Spady Cultural Complex, located within the West Settlers Historic District. (Quasi Judicial Hearing) I. CONDITIONAL USE EXTENSION REQUEST/SPADY CULTURAL COMPLEX: Consider a conditional use extension request fox 154 - 170 N.W. 5's Avenue, Susan Williams House and Spady Cultural Complex, located within the West Settlers Historic District. (Quasi; judicial Hearing) 12-11-2007 -6- J. BONUS PAYMENT TO j~D 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 for 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). K. SPEGLAi EVENT PERMIT FOUEST/BOWFIRE CONCERT/OLD SCHOOL SOUARE: Consider approval of a permit request for the Bowfire Concert sponsored by Old School Square proposed from 8:00 p.m. to 10:00 p.m. on January 11, 2008, at Old School Squaze; authorize staff support for security and traffic control, trash pick up and removal, barricade assistance, trash boxes, provide 4'x 4' event signage; authorize reserved pazking in the Old School Squaze Parking Gazage; contingent on the receipt of a hold harmless agreement and receipt of the certificate of liability insurance. L. ~PEGIAL EVENT PERMIT REQUEST/HERE AND NOW CONCERT (THE LEGACY OF LUTHER VANDROSS)/OLD SCHOOL SQUARE': Consider approval of a permit request for the Here and Now: The Legacy of Luther Vandross Concert sponsored by Old School Squaze proposed from 8:00 p.m. to 10:00 p.m. on January 31, 2008, at Old School Squaze; authorize staff support for security and traffic control, trash pick up and removal, bazricade assistance, trash boxes, provide 4'x 4' event signage; authorize reserved parking in the Old School Square Parking Garage; contingent on the receipt of a hold harmless agreement and receipt of the certificate of liability insurance. M. AUTHORIZATION TO FILE COMPLAINT FOR INiUNCTIVE RET.IEF/LYDLA R. SMILEY: Consider a request authorizing the City to file a Complaint for Injunctive Relief against Lydia R. Smiley fox failing to comply with Section 91.02(A) of the Code of Ordinances pP+*~+n+*+g to keeping poultry on residential property when it is prohibited. N. APpEAT OF FEMA FUNDING DETERMINATION FOR HUIZR~C_ANF: FRANCES: Consider a request authorizing the City to appeal the decision made by FEMA through their audit process, that the City received approximately $495,000.00 in funds that was an overpayment from FEMA. O. CETTLEII'EIVT OFFER/QUIET TITLE ACTION/CHARLES POWELL V. THE CITY: Consider approval of a Settlement Offer in the amount of $485.85 in the Quiet Title Action of Chazles Powell v. the Ciry. Staff recommends approval subject to the receipt of the appropriate releases. P. RFSOL•LiTION NO. 71-07: Consideration of Resolution No. 71-07 regarding the City pursuing measures to become a "Green Local Government" using the Green Local Government Standazd developed by the Florida Green Building Coalition. 12^11-2007 -7- Q. iT S 1 CORRIDOR/TEMPORARY IMPROVEMENTS• Consider approval of the implementation of the proposed temporary improvements along SE/NE 5s' Avenue and SE/NE 6's Avenue between SE 10 Street and George Bush Boulevazd. Cost of temporary installation not to exceed $670,000.00. Funding will be provided by the Community Redevelopment Agency (CRA). R. 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). S. APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY• Appoint one (1) xegulaz 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). T. 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 Boulevazd). (Quasi Judicial Heating) 1. WA_T~'R REQUESTS/MIDTOWN DELRAY• Consider approval of two (2) waiver requests associated with Ordinance No. 46-07. (Quasi Judicial Hearing) 2. APPEAL/SITE PLAN FVIEW AND APPEARANCE BOARD ACTIONS/MIDTOWN DELRAY: Consideration of an appeal regazding the Site Plan Review and Appeazance Boazd's approval of the site plan, landscape plan and architectural elevations associated with the construction of a proposed 116-unit townhouse development and 29,571 squaze foot medical office building known as Midtown Delray, located at 4600 Linton Boulevazd. (Quasi Judicial Hearing) 12-11-2007 -8- B. ORDINANCE NO 55-07 (FIRST READING/FIRST PUBLIC HEARING)• City initiated amendments to the Land Development Regulations (I.DR) 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 fox express authority for the Historic Preservation Board to apply the Historic Compatibility Regulations; Section 4.5.1(E), "Development Standards", Subsection 4.5.1(E)(6), "Demolition", and 4.5.1(F'), "Restrictions on Demolitions", providing requirements for the application and approval for demolition. If passed, a second public hearing will be scheduled for 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 Squaze Historic Arts District (OSSHAD), to add all of the accessory uses that aze also currently pernutted in the Central Business District (CBD). If passed, a second public hearing will be scheduled fox January 3, 2008. D. ORDINANCE NO 38-07 (FIRST READING/FIRST PUBLIC HEARING)• City initiated amendments to the Land Development Regulations (LDR) which intend to clarify the current regulations, provide parameters, and define compatible development within the historic districts. The amendments intend to provide an objective way of providing compatible new development within the City's five (5) historic districts. If passed, a second public hearing will be scheduled for January 3, 2008. (This ordinance was TABLED by the Planning and Zoning Boatd at their December 3, 2007meetrng.) E. ORDINANCE NO. 56-07: An ordinance amending Chapter 32, "Departments, Boazds 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 Manager s response to prior public comments and inquiries. B. From the Public. 12. FIRST READINGS: A. NONE 13. COMMENTS AND INQUIRIES ONNON-AGENDA ITEMS. A. City Manager B. Ciry Attorney C. City Commission 12-I1-2007 -9- 14. CLOSED ATTORNEY/CLIENT SESSION pursuant to F.S. 286.011(8) re: the case of: Del Boca Vista, LLC, et al. v. City of Delray Beach Case No. 07-80452-CIV-Middlebtooks Attendees: Mayor Rita Ellis Commissioner Gary P. Eliopoulos Commissioner Fred B. Fetzer Commissioner Woodie McDuffie Commissioner Brenda B. Montague Ciry Manager David Hazden City Attorney Susan Ruby Assistant City Attorney Terrill Pyburn A certified court reporter Purpose: Discuss settlement negotiations and strategy related to litigation expenditures in the above case. POSTED: DECEMBER 7, 2007 12-11-2007 - 10 - NOVEMBER 6, 2007 A Regulaz 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 Complex/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 8.Q., Review of Appealable Land Development Board Actions (Item G under the Site Plan Review and Auaearance Board concernine 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 Proiect 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., Ordiuauce 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. Carolvn 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), Aubum 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 Awazd to Arianna Harrington of Atlantic High School for being the winner of the 2007 Sister Cities International Showcase of Young Artists. Arianna Harrington 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. MuniAaenda 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. Rov F. Kenzie Award -Diana Colonna. Executive Director of Community Redevelopment A¢encv 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 award 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. Resolufion No. 66-07: Recognizing the Delray 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. S.A. ACCEPTANCE OF A RIGHT-OF-WAY DEED/SIDEWALK EASEMENT AND SIDEWALK DEFERRAL REQUEST/1119 NASSAU STREET: Approve and accept aright-of--way deed fora 5'6" right-of--way dedication along Nassau Street, and accept a 5' sidewalk easement and a sidewalk deferral request for 1119 Nassau Street. -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 hnprovementsBarwick 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 Square Parking Garage Project. 8_D. RESOLUTION NO. 60-07: costs for abatement action required for the located at 1314 S.W. 22"a Avenue. Approve Resolution No. 60-07 assessing emergency board-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 EFFECTNE 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 f1'AX 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 IlVIPROVEMENTS ARE CONSISTENT WITH LAND DEVELOPMENT REGULATIONS (LDRs) SECTION 4.5.1(M)(5); PROVIDING AN EFFECTNE 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 Career 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 budgetazy 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 Mazketing Cooperative (DMC), will pay the City for DMC events. 8_K. SUBGRANT HIGHWAY SAFETY FUNDS AWARD AGREEMENT/STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION F( DOT): 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 temporary 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 CLOSETI: Approve and accept a new 12-foot water easement deed at United Stor-All Center (FKA Delray Beach Extra Closet) located at 14216 Military Trail. 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 S.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 awazd 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 awazd to Bennett Fire Products Company, Inc. in the amount of $74,632.80 for the purchase of forty (40) sets of bunker geaz 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/Uniforms/Linen Services). 3. Purchase awazd to Otto Waste Systems in the amount of $60,000.00 for the purchase of hot stamped gazbage 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 awazd to Praxair Inc. in an estimated cost of $60,000.00 for the purchase and delivery of Liquid Carbon Dioxide (Co2) for the Water Treatment Plant from October 2007 through September 30, 2008. Funding is available from 441-5122-536.52.21 (Water/Sewer Fund/Chemicals). 7. Contract awazd to Briggs Golf Construction, Inc. in the amount of $96,780.00 for the reconstruction of the Pompey Park Major League Field No. 1 Project. Funding is available from 334-4127- 572-63.90 (General Construction Fund/Other Improvements). 8. Purchase award to Special Products Group in the amount of $31,115.55 for a weapons light system and to Precision Ammunition in the amount of $43,803.55 for the purchase of ammunition for the Delray Beach Police Deparhnent. 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 pazking meters and to Digital Payment Technologies in the amount of $159,553.05 for the purchase of 15 pay by space multi space parking meters to be installed on-street and in the pazking 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 Boazds for the period October 15, 2007 through November 2, 2007. Mr. Eliopoulos declared 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 N0.63-07: 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 are 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. 1st Avenue (aka Block 69 Office Building), within the Old School Square Historic District located on the west side of S.E. 15` Avenue and between East Atlantic Avenue and S.E. 1st Street. (Quasi-Judicial Hearing) At this point, Mr. Eliopoulos declazed 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 parking 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 DesiPns (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 Boazd 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 pazking fee request from the Block 69 Office Building for the purchase of four (4) public pazking spaces at a cost of $72,000.00 to accommodate the construction of a three (3) story office building containing 7,325 square feet of office spaces located at 30 -10- 11/06/07 S.E. 1$` 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 parking fee spaces to accommodate the construction of a 3-story building containing 7,325 square feet of office space. The development is immediately adjacent to the Federspiel Parking Garage on S.E. 15` 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 towards either maintenance or construction of parking gazages. 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-park spaces are going to be via the public pazking fee spaces immediately adjacent to the property. The spaces are $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 Board (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 Designs (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 regarding the pazking 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 Modern 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 area of the adjacent bay, Saba Trucking. (Quasi-Judicial Hearin 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 Modern Chiropractic located at 1060 South Federal Highway. Mrs. Butler stated Modem Chiropractic is located in Bay #102 in the Executive Quarters Plaza located at the corner 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 area 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 stmctured. 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 Board (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 forward 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 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). -12- 11/06/07 Mr. Eliopoulos moved to adopt the Boazd 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 fine 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 mazket study showing a need for a one bedroom unit particulazly 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 Boazd (SPRAB) and the Boazd 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 representing the Applicant), stated there aze two waivers before the Commission this evening and noted that experts aze 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 Appeazance 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 apartments and the justification has to do with the fact that they are less than 1,000 feet from the transit stop. Therefore, in this project, there would be a great number ofone-bedroom unit uses and the kinds of people who will in fact be commuting in this fashion prefer and desire one bedrooms and the Boazds 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 Boazds recommending it and by the staffs 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 garage 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 aze 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 gazage and the throat will be at 24 feet. Mr. Weiner stated what he is talking about is just a link between the gazage itself and the throat and the reason they aze 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 aze calling this an access roadway. He feels since they dead end into a garage they are much more similar to an alley than they are 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 aze not adversely affecting a neighboring area because there aze 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 & Whitel. 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. Joseuh Proveuzauo, 1921 S.W. 36`" 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 are 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 azeas to live that they aze proud to live in and azeas we aze 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 are asking the City to build. There being no one else from the public who would like to address the Commission regarding 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 are 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 particular 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 are doing is adding to the sense of speed on the way into the garage. Mr. Weiner stated since people will be driving into a garage 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 azound the perimeter. She asked if staffs 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 confinned with the applicant that they are going to have 50.9% of the units and one bedroom units aze 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 azound and you pazk on the level that your apartment 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 area 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 garage 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 Declared Unlawful", and (1)(a) and (14), "Motor Vehicles Operating On A Public Right-Of-Way", to add "Motorcycles", "Mufflers", and "Rapid Throttle Advance", in order to provide a cap for all motorcycle exhaust noise and require EPA noise labels. 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), "CNIL 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 EFFECTNE 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 (representine a laree maiority of the motorcycle clubs in this community and also represents the Enforcers Motorcycle Club which is comprised of retired law enforcement officers and law enforcement officers) stated they are 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, represents the Southeast Chapter of ABATE (American Bikers Aimed Toward Education) and also today also represents 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 (long- time resident, member of the Planning and Zoning Board, Parking Management 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 azea. 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 years 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 parking 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 Saudlefoot 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 are 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 Pickerin¢ton, 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 16~h ,many people aze willing to work with the Delray 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 regarding 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`h Street, Plantation Acres, Florida (retired phvsician for the Citv of New York) read his credentials into the record, has been riding motorcycles for over 60 years, 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 concerns: (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 are 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 Deparhnent 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 Gree Barkoff, resident of Boca Raton and member of a motorcvcle club is Fort Lauderdale. concurs with the majority of comments expressed this evening. He stated this time of the year 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. Bazkoff 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 aze violating the noise ordinance. Mr. Bazkoff 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 Koenie, 3181 Grove Road, Palm Beach Gardens, stated there are 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 parking 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 heard them. Mr. McDuffie stated he heazd comments from people about being totally banned from our City. The City Attomey explained that this ordinance does not have that prohibition in it. Mr. Kirkiles stated he disagrees because they are 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 aze 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 aze 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 aze 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 Standards for Motorcycles -Noise Emissions Standazds and it states: "street motorcycles of the following and subsequent model years 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 regazds 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 dollars 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 regards 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 compare 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 are 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 comer 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.Ds," TO ADD SUBSECTION (9) MIDTOWN DELRAY TO THE LIST OF APPROVED S.A.D.s; AMENDING ORDINANCE NO. 51-95 BY REPEALING SECTIONS RELATED TO THE BLOOD'S COMMERCIAL PROJECT MASTER PLAN AND PROVIDING FOR REVISED REGULATIONS GOVERNING THIS SPECIAL ACTIVITIES DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. 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 constmction of a 116-unit townhouse development (of which 32 units aze 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 Appeazance Boazd (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 Appeazance 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 regulaz 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 are 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 azea. 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 turn 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 are 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 aze 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 Boulevazd 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 Boulevard 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: 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 4.33, "SPECIAL REQUII2EMENTS 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 EFFECTIVE DATE. (The official copy of Ordinance No. 53-07 is on file in the City Clerk's office.) 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 regazding 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 EFFECTIVE 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 declared 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. City 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 SeasaQe 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 Board 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 are so many issues with historic preservation and because in his opinion we are 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 crowbar 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 are 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 Board 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 year to 1 1/2 yeazs. 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 Boazd members have to each come up with $100.00 for the bench. He stated the Fire-Rescue Deparhnent 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. 4`h 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 ST" 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 EFFECTIVE 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"' 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 Plazming and Zoning Board 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`h 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 % block on either side of S.W. 12`h Avenue, between S.W. 2"a Street and S.W. 3`a Street. Ifpassed, 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 12TH 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 EFFECTIVE 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 %: block east and west of S.W. 12~h Avenue, between S.W. 2nd Street and S.W. 3rd 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 aze 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 area 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 part 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 pazcel 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 award to second lowest bidder, West Construction, Inc., in the amount of $2,392,275.00 for the construction of Fire Station No. 4. Funding is available from 334- 6112-522-62.88 (General Construction Fund/Fire Station No. 4). Richard 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 area 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 appazent 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 "Charette"), that it be set up that if you want to choose to go for a green building there are different levels (i.e. certified, silver, gold and platinum) and design it in the beginning. He would like the Commission to be awaze 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 aze also recommending award for contingency allowance in two of the alternate bids so the total bid award 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 regarding 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 regard 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 separately 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 1'f Building because the building serves all the City's departments and feels the money is spread throughout the departments. 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 Richard Hasko, Director of Environmental Services, stated the Water Treatment Manager has spoken with Shannon Chemical Corporation (Zow bidder) in terms of the impacts of the affect of their particulaz 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-8T" 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 informed 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 Pazk Elementary School is located in Boynton Beach and they are in the process of getting their school modernized and the students are being housed at the old Atlantic High School site; Plumosa Elementary School is currently getting their azchitectural 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 Park 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 Board 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 Boazd heazs 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 Board 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`" Street and George Bush Boulevard office.) The caption of Resolution No. 65-07 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING A TEMPORARY MODIFICATION OF THE TWO ONE- WAY STREETS OF US-1 FROM THREE TO TWO THROUGH LANES BETWEEN SE 10'~" STREET AND GEORGE BUSH BOULEVARD. (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 Deparhnent 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 temporary barrier. Richard Hasko, Director of Environmental 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 aze driven through them to hold them in place. The City Manager stated these aze 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) regulaz 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 regular 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) year 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) year 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 regarding 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. -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-construction stage of the CM at Risk method and staff now has the Guazanteed Maximum Price (GMP) in the amount of $2,999,723.00. Mr. Hasko stated the proposal before the Commission is for approval of the Guaranteed 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 ballpark 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. City Manager 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. City 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 Deparhnent will be having a Workshop on Monday, November 12, 2007 at the Community Center at 6:00 p.m. regarding 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 Attorney about the status of the Community Redevelopment Agency (CRA) and the Library. The City Attorney 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 Cazbone 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 regazd to the Old School Squaze Gazage, 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 prepared 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 Department into the neighborhoods on Halloween to distribute candy to the kids. He stated they wound up getting re-routed soon after they got started 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 apparatus in the development (particularly 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. Montague 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. Mayor Ellis Mayor Ellis stated over the last couple of weeks she has heard 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 are really good ideas and some aze 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 departments 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 aze not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. -44- 11/06/07 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-FIRST NAME~.IIDDLE NAME Eliopoulos, Gary P. NAME OF fiOARD, COUNCLL, COMMISSION, AUi}W WTV, OR COMMfTTEE Delray Beach'City Commission MAILING ADDRESS 205 George Bush Boulevard 7tE.BOAFiD;000NGL;COMMISSION. AUT1iORITY OR COMMRTEE ON WHICHI SERVE ISAl1NR OF: dTY ~ COUNTY CfTY ^COl1NTY OOTHFI2 LOCAL AGENCY Defray Beach., Florida 33444 Palm Beach ruMeoFha.mcALSUIwIVLSION DATe oN wfflcN vole occuRReo November 6, 2007 MraosmoNLS: X7. ELECTIVE O APPOINTNE WHO MUST FILE FORM 86 This form is for use by any person serving at the county, city, ar other local level of govemment on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are- presented with a voting conflict of interest under Section 172.3143, 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 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 hdding elective or appointive county, municipal, or other~locel public office MUST ABSTAIN from voting on a measure which Inures to his or her special private gain nor loss: Each elected orappointed local officer also is prohibited-fromknawingly 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; Dr to the sperdal 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 officers father, mother, son, daughter, husband, wife, brother, sister, father-in-law, motheNn-law, son~n-law, and daughter-in-law. A "business associate' means any person or entity engaged in or cerrying 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 fbrm 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 discose the nature ofihe cenFlict before making any attempt to inFluence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM BB-EFF. 712000 ITEM B.Q = ITEM 9.A. A. PAGE1 APPOINTED OFFICERS (continued} • A 6opy of the fefrtl must tie pro4iled immediatey.to fhe other members of the agency: • The form must be read pubfidy al,the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING • You must disclose orally the nature of your conflid in the measure; before panidpating. , • You must complete the form and file it within' 15 days after the vote ocxurs with ttre'persdn responsible for recording the'minutes offfte meeflng, who must incorporate the form in the minutes: A copyof the form must be provided immediately to the other memtiers of the agency, and the: form must be read publicly at the next meeflng after the form is filed. DISCLOSURE OF LOCAL OFFICER'S. INTEREST 1 Gary P. Eliopoulos , hereby disclose that on November 6, ZO 07 ; (a) A measdre came or will'come before my agency which (check one) _ inured to my spedal private gain w bss; ~g inured'ta~tFYe~spedalgainorbssofmybusinessassodate; x,;pfi r. F.lin„n~rn,loa Architects: P. A: - inured to the spedal gain or loss of my relative, inured to the spedal gain wbss of , by .whom 1 am retained; or inured,to thespeda(gain or loss-:of ~ , ~•. ~ ,which is the parent organization or subsidiaryof a pnndpal which has retained me. (b)-The measure. before my-agency and. the nature of my confiiding interest in 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 88 - EFF. 1/2000 PAGE 2 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER :LOCAL PUBLIC OFFICERS LAST NAME-FIRST NM7E-MIDDLE NAME Eliopoulos, Gary P. NPME OF eOARn. COUNCIL, COMMISSION. AUTHORITY. CR COMMnTEE Delray Beach City Commission MNLING ADDRESS 205 George Bush Boulevard TF1E:e0Aft0, COUNCIL; COMMISSION; AUn10RfTY OR COMMIREE ON wH1CHISEliVE 1S AUNR OF: GTY ~ COUNTY CRY OCOUNTY ^OTHER LOCAL AGENCY Delray Beach, Florida. 33444 Palm Beach wa+EOFramca.st)eaylsloN: DATE ONwFtICH VOTE OCCURRED. - MY POSmON IS: YT. ELECTIVE O APPOINTNE WHO MUST FILE FORM 8B This fomtis for use by any person serving at the county, city, or other local level of govemment on an appointed or elected board, ceunrii, commission, authority, or committee. it applies equally to members of advisory and nonadyisory bodies. who are presented with a voting. conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when (aced with voting on a measure in which.you have a conflict of interest will varygreatly-depending on whether you hold an elective or appointive position. For this reason, please pay Gose attengon to the instructions on this form before completing the reverse side and filing the form. - INSTRUCTIONS. FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain:ar loss: Each elected. or appointed local officer also isprohibited-fromknowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a govemment agency) by whom he or she is retained (inGUding the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the specal 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-vole basis are not prohibited from voting in that ppacity. For purposes of this law, a "relative' includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mothertiMaw, 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 GAYS 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 disctose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 88 - EFF. 1/2000 ITEM 9 . A. PAGE 1 APPOINTED OFFICERS (continued): • A copy of the forrt5 must tie provided immediately to the other members of the agency. • The form must be read publicly at.the hex(meeting after the forth a filed. IF YOU MAKE NOiATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You mustdisdose orally the nature of your conflict in the measure before partidpafing. „ • You must complete the form and file it wAhirr 15 days after the vote occurs with tbe'porsWi responsible far recording the minutes of:the meagng, who must incorporate the form in the minutes: A Dopy of the form must be provided immediatey to the other members of the agency, and tare fomt must be read publicly at the next meeting after the forth is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I Gary P. Eliopoulos ,hereby disclose that on , 2Q (a) A measure aeme ar will'oome before my agency whim (check one) _ inured to my spedal private gain or loss; inuretl to the'spedaf gairtor ioss'of my bustness'assodate, TCnp S F.l i npnnl oc Archi tectc P A ' _ inuredto the spedal gain or loss of my relative, , _ inured to the spedafgain or loss of _ whom i am retained; or inured~tothespeaal,gainarlosa~;of; ~~~ is the parent organization or subsidiary.of a ~princlpal which has retained me. (b);The measure before myagency andthe.nature oEmy conflicting interest in themeasure is as follows: November 6, 2007 Date Filed by 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. 1f2000 PAGE 2 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND. OTHER LOCAL PUBLIC OFFICERS LAST NAME-FIRST NAME~.IIDOLE NAME Eliopoulos, Gary P. NAME OF 60ARD, COUNCIL, COMMISSION, AUTFIORITY, Oft COMMITTEE Delray Beach City Commission MAttJNG ADDRESS 205 George Bush Boulevard THE BOARD.COUNCIL,COMMISSION, AUTF10RfTY OR COMMITTEE ON wHICHISERVE 1sA UNrr OF: CfTY COUNTY CrfY. OCOUNTY OOTFIER LOCALAGENCY Delray .Beach, Florida. 33444 Palm Beach ~~-RICnLSUeDIwsaN; DATE oN wNICH vorE occuRRED November 6, 2007 MY rosrrroN Is: YT EtECTTVE o aPPaNrIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, Gty, or other local level of government on an appointed or elected board, ceunGl, commission, autfwrity, or committee. It applies equally to members of advisory and, non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which.you. have a conflict of interest will varygreattydepending. on whether you hold an elective orappointive position. For this reason, please pay close attention to the instructions on this form before completing flte reverse side and filing theform. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, muniGpal, or other~locel public office MUST ABSTAIN. from voting on a measure which inures to his or her specal private gain or loss. Each elected or appointed local officer also isprohibited-from knowingly voting on a-mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (inGUding the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special 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 oneacre, 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, mothertiMaw, 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 stoGc 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 the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may partiGpate in these matters. However, you must disGose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 86 - EFF. 1/2000 ITEM J • B . PAGE 1 APPOINTED OFFICERS,(continued} • A copy of:the foml must-.tie provided immediately=to fhe oflter members of dre agency. • The form must be read. pubiidy at the neM meeting after the form is filed. IF YOU MAKE NOAITEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must4isoWse orally the nature of your conflict in the measure before partiapafing. • You moat complete the fans and file fl within 15 days after the vote occurs with the'person responsible for recording the'minutes of.ffre meaflng, who must incorporate the form in the minutes. A Dopy of the form must be provided immediately to the other members of the agency, and fhe form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, Gary P. Eliopoulos ,herebydisGOSethaton November fi, ,2007 (a) A measure Dame or wili`come before my agency vrhich (check one) _ inured to my spedal private gain or loss; -X7E inured to tits spedal gaio-or loss of my business assodate, x,;;i i b F.1 bpon l o c Arrh; to t P A ' ; _ inured to the spedal gain or loss of my relative, inured to the speciafgain orloss whom I am retained; or by _ inured to the. gpeaalgain or loss of ,which is the parent organization or subsidiaryaf aprincipal which has retained me. (b)-The measure before mysgencyand the nature of my conflicting interest in themeasure is as follows: November 6. 2007 Date Filed 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 PENALLY NOT TO EXCEED $10,000. CE FORM 88 - EFF. 72000 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 IIII'~Io"I~ SCANNED I~P~ q. a `~ 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(6)(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. X04 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. I. PUBLIC PARKING FEE: Pursuant to LDR Section 4.6.9(E)(4), when parking requirements are applied to new development, in-fill development, from a change of use, or adding floor space to an existing building; the City Commission may approve the payment of a fee towards the construction of a public parking structure in-lieu of providing such required parking on- site. Does the Public Parking Fee request meet the requirements of LDR Section 4.6.9(E)(4) and the conditions, if any, listed below? 4 spaces x $18 000 = $72 000 payable in full at building 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. ll(13Id1 SCANNED 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: ~\ Nita Ellis, Mayor ~~1 ~. \V ~i_._., 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 ahd 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 an off-premise sign, and therefore, prohibited. The Applicant has requested a waiver from this requirement. Pursuant to LDR Section 2.4.7(6)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Does the waiver request meet all the requirements of 2.4.7(6)(5) and the conditions, if any, listed below? Subject to aaoroval of tenant/management 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 11 SCA~r3~dy NED ~~ 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: ~F~:~--a ~~~ 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. 1. 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 ih the project, inGuding both family/workforce units and market rate units. The development proposal consists of 230 one bedroom units or 50.9% of the 451 total number units. The applicant has submitted a waiver request to exceed the maximum number of one bedroom units. Pursuant to LDR Section 4.6.9(D)(4)(d), the standard aisle width is 24 feet for normal traffic flow with perpendicular parking. The maximum aisle width is 26 feet. The minimum aisle width for two way traffic flow is 20 feet but this dimension can only be used for short distances where there are no parking spaces entering herein. The proposed drive aisle along the south side of the property is 20 feet wide for approximately 270 feet. The applicant has requested a waiver from this requirement. Pursuant to LDR Section 2.4.7(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 4.7.9(c)(i) comply with the requirements of 2.4.7(6)(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)? 11Ii3Io? ~ SCANNED 1-~e~ ~' ~ ~/ . , 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~h day of November, 2007, by a vote of 5 in favor and 0 opposed. ita Ellis, Mayor 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 Attorney 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 appazently 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 Appeal/Site 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 10.E., Ordinance No. 55-07 (First Reading/First Public Hearing) to December 4, 2007 as the Planning and Zoning Boazd tabled this item until their December 3, 2007 meeting. The City Attorney requested that Item 8.0., Encroachment Agreement/Fence Installation Agreement/Royal 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 Denartment of Transnortation (FOOT) Project Engineer Eiseman and Russo on the progress of SR A-1-A RRR Proiect Randal Krejcarek, 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 corridor 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 parking azeas is being paved and should be completed tomorrow. He stated on the corner 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 area from Linton Boulevazd north where the widening has started is going to be left as it is until after Easter. Mr. Daniel thanked Randal ICrejcazek, 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 Reuortine 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 azea of governmental accounting and financial reporting and its attainment represents a significant accomplishment by a government and its management. An award 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 standazds 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 DEED/SIDEWALK 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 awazd 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 year for the use of the Delray Beach Police Department'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. 1/INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY/CONSTRUCTION/PROFESSIONAL SERVICES: Approve Amendment No. 1 to the Interlocal Agreement between the City and the Community Redevelopment Agency (CRA) for fending construction/professional services for FY 2007/2008, to -4- 11/20/07 include the S.W. 12`h Avenue/Auburn Avenue Beautification Project. 8.I. AMENDMENT NO. 1/I,EASE AGREEMENT FOR BOY SCOUT HUT/PIONEER BOYS ASSOCIATION, INC.: Approve Amendment No. 1 to the Lease Agreement between the City and the Pioneer Boys Association, Inc., providing that the leased area only encompasses the azea directly under the Boy Scout Hut, and that the scouts shall only be required to provide "participants insurance" as obtained through the National Boy Scouts of America. 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. 5`h Avenue. 8.K WAIVER OF BID IRREGULARITY/135 N.W. 5TH AVENUE: 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`" 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 grant/contract awazd through the Community Development Division in the amount of $36,524.25 to South Florida Construction Services. Funding is available from 118-1924-554-49.19 (State Housing Initiatives Partnership (SHIP) Program/Housing Rehabilitation). 8.M. SUB-RECIPIENT AGREEMENT/COMMUNITY LAND TRUST INC. (CLT): Approve aSub-Recipient Agreement between the City and the Community Land Trust, Inc. (CLT) for the purposes of subsidizing the costs associated with affordable housing units and management of affordable rental properties with the CLT. 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 Irnprovement, Neighborhood Services Division. 8_O. 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 Boulevazd from the south right-of--way of Atlantic Avenue to the south right-of--way of Lowson Boulevard. Funding is available from 334-3162-541-68.46 (General Construction Fund/Homewood Bikepaths). 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) storm water outfall locations in the Intracoastal Waterway. Funding is available from 448-5416- 538-46.90 (Stormwater 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 are 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 Attomey stated the Fence Installation Agreement is something that they want to do at the top of the Federspiel Garage. 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 HISTORICAL SOCIETY, INC.: Consider approval of an agreement between the City and the Delray Beach Historical Society, Inc. for funding in an amount not to exceed $175,000.00 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 Delray 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 department and reviewed before payment is made. The City Attorney stated only those reasonable costs that are the City's sole discretion deemed reasonable will be reimbursed. There is an agreement that provides for insurance and also a perforrance 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 are 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 attracting events to the Stadium, assisting in negotiating Stadium use agreements and overseeing and managing events held at the Stadium. This is a proposed five (5) year agreement with a fee increase for each year. Staff recommends approval. -8- 11/20/07 Mr. Eliopoulos moved to approve the Tennis Center Consulting Agreement with JCD Sports Oroup, 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 January 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 are 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, Januazy 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 year. 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 Marks 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 IN WILLIAM LANAGAN v. CITY OF 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 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). 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 EFFECTIVE 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 Manager 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 are going to go on in the community over the Thanksgiving holidays. He stated he, his wife, and daughter aze 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 arrange 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. Montague 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 Mary 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 Thanksgiving 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 Park, and Pine Grove Elementary School and Pine Grove came in first place, the Community Center came in second place, and Pompey Park 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. Eliopoulos 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 Board is not governed under the same rules as some of the other City advisory boards. The City Manager stated the Pension Board 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 regarding 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 turnazound 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 aze 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 regazding 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 forward 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 Kind, 3400 Place Valencav, Delrav Beach (sueakina on behalf of the Sierra Club and the Homeowners' League 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 park that there is a sustainability factor in all that. She stated there was also input about eliminating the cars 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 cazs. Ms. King commented about the Cool Cities Progam and stated the Steering Committee had its kick-off on March 28, 2007 and is happy that there is some forward -13- 11/20/07 movement regazding this. As President of Chatelaine, Ms. King stated it has been approximately ten yeazs 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 aze 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 Manaeer's response to arior uublic 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 concerns 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 azea 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 area 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 concerns about the dogs in this azea and have been diligent about finding and citing offenders who actually take their dogs onto the beach. Mr. Fields also expressed concem 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 Deparhnent 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 Emuloyees International Union (SEIUI, stated he is the new Political Director of the new larger 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 bazgaining 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 area 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 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 comer 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.Ds," TO ADD SUBSECTION (9) MIDTOWN DELRAY TO THE LIST OF APPROVED S.A.D.s; AMENDING ORDINANCE NO. 51-95 BY REPEALING SECTIONS RELATED TO THE BLOOD'S COMMERCIAL PROJECT MASTER PLAN AND PROVIDING FOR REVISED REGULATIONS GOVERNING THIS SPECIAL ACTNITIES DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (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 Attorney 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/SITE PLAN REVIEW AlVll AYYEAHA1V l:E IfUA1tll ACTIONS/MIDTOWN DELRAY: Consideration of an appeal regarding the Site Plan Review and Appeazance Boazd'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. The City Attorney 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. IO.B. ORDINANCE NO. 52-07: Consideration of a rezoning from R-1-A (Single Family Residential) to CF (Community Facilities) for 345 N.W. 5th Avenue to accommodate offices associated with the Achievement Centers for Children and Families, located at 555 N.W. 4`" 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 ST" 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 Mazk 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. 4th 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 regarding 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 HEARINGI: Privately initiated amendment to the Land Development Regulations amending Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)", Subsection 4.4.24(B), "Principal Uses and 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 Standazds", to include an additional property in the Old School Square Historic Arts District (OSSHAD) that is subject to the standazds of the Central Business District (CBD) Zoning District. The caption of Ordinance No. 31-07 is as follows: AN ORDINANCE OF THE CfIY COMMISSION OF THE CTI'Y 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 DLSTRICT (OSSHAD)", SUBSECTION 4.4.24(B), "PRINCIPAL USES AND STRUCTURES" TO INCLUDE AN ADDITIONAL PROPERTY THAT IS ALLOWED THE PFRMITTID 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. office.) (The official copy of Ordinance No. 31-07 is on file in the City Clerk's The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Attorney stated there 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 2007-2): 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: office.) "LOCAL GOVERNMENT COMPREHENSNE PLANNING AND LAND DEVELOPMENT 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 REGULATION ACT", FLORIDA STATUTES SECTION 163.3161 THROUGH 163.3243, INCLUSNE; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSNE 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 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 area devoted to residential use from 15% to 75% at a maximum density of 30 units per acre within the Four Corners Overlay District, subject to the provision of workforce housing. (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 12th Avenue, between SW 2"d Street and SW 3'~ Street. This overlay district allows a maximum density of 24 units per acre, subject to the provision of workforce housing. (v) Future Land Use Element -Modification of the description of the Medium Density Residential Future Land Use designation to accommodate expansion of the Carver Estates Overlay Area to include the south portion of the Auburn Trace Development. This area is currently located within the Infill Workforce Housing Area which allows up to 18 units per acre, subject to the provision of workforce housing. Within the Carver Estates Overlay Area, the maximum density will increase to 24 units per azea. (vi) Capital Improvement Element -Modification of Table CI-CIP (5- Yeaz 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-C1P, School District of Palm Beach County Capital Improvement Schedule. (viii)Capital hnprovement 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-C1P) from six yeazs 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 Mau Amendment: a. City initiated Future Land Use Map amendment for approximately 3.9 acres, located '/: block on either side of SW 12~' 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 forwarded to the Deparhnent 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 are related to the Capital Improvement Element; one deals with the table CIP which is the City's five year 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 years they aze now five years and the Policy is being amended to reflect the five year); 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. Hoggazd 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 declazed the public hearing open. A-an Klasfield (owns two nieces of proaerty inside the thatched area), stated the property was under contract and he was told earlier 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 aze 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 are 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 azeas that aze 24 units per acre closer into the downtown and the southwest azea aze on smaller parcels and this is to allow for larger 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. Hoggazd 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 aze 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 standazd for the people in town for something else. Javne I{ine. 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 regazding Ordinance No. 22-07, the public hearing was closed. Mr. Hoggard explained that staff did not look specifically at a Palm Tran issue. He stated when the projects are submitted for site plan approval then these issues aze 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 Boazd 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 Corners Corridor not necessarily to attract massive amounts of residential but to give ourselves some Class "A" office space and a lazge enough area 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 hazder 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 years 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 years 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. 55-07 (FIRST READING/F1RS'1' YUBLIC HEARINGI: 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 EFFECTNE 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 for a 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 Hearing 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 %z block on either side of S.W. 12`~ Avenue, between S.W. 2"d Street and S.W. 3`a 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 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 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 declared 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. Hoggazd stated at its meeting of July 12, 2007, the Community Redevelopment Agency (CRA) reviewed the rezoning and the Boazd recommended approval; at its meeting of July 16, 2007, the Planning and Zoning Board reviewed the rezoning and recommended approval. Staff recommends approval. Mr. Hoggazd 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 Grabham, 350 S.E. 7`n Avenue, Delrav Beach (Marina 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-CIV-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 r 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 aze 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 PazenUTeacher Guide to Gang Recognition and distributed copies to the City Commission. There being no further business, Vice Mayor Fetzer declazed the meeting adjourned at 8:03 p.m. City 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 Regular 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 are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. -27- 11/20/07 ~i WHEREAS, Martin Luther King, Jr. was born on January 15, 1929, in Atlanta, Georgia, and dedicated his life to all Americans being able to enjoy the freedom guaranteed every citizen under the United States Constitution; and WHEREAS, January 21, 2008, will be observed as Martin Luther King, Jr Day in honor of the memory and ideals of Dr. King; and WHEREAS, Martin Luther King, Jr. labored tirelessly to obtain equality of opportunity for all Americans; and WHEREAS, Dr. King was instrumental in the advancement of equality for all Americans; and WHEREAS, January 215' should serve as a reminder to each of us of the sacrifices made by some Americans in order to secure the rights of all Americans. NOW, THEREFORE, I, RITA ELLIS, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim January 21, 2008 as MARTIN LUTHER KING, JR. DAY in the City of Delray Beach, and urge all citizens to reflect upon the efforts and sacrifices made by Dr. King on behalf of all Americans and join in the celebration of his contributions to the struggle for peace and freedom for our nation and throughout the world. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 11"' day of December, 2007. RITA ELLIS MAYOR b. A o,~ RESOLU'T'ION NO. 68-07 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DF.I1tAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING MARK S. DAVIS FOR THIRTY YEARS OF DEDICATED SERVICE TO THE CITY OF DELRAY BEACH. WHEREAS, Mazk S. Davis was hued by the City of Delray Beach as a Police Officer on November 28, 1977; and WHEREAS, on November 28, 2007 Mazk 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 charity fund raising, special events and civic endeavors; and WHEREAS, Mazk S. Davis' wazmth, kindness and compassion aze well known and recognized throughout the City of Dekay Beach and these attributes serve as a reminder to us all to seek opportunities for service to our fellow man; and WHEREAS, the City of Delray Beach and the Delray Beach Police Department aze honored to 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 L That the City Commission of the City of Delray Beach hereby recognizes and commends Mark 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 Mazk 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 axe sure to come his way. PASSED AND ADOPTED in regular session on this the 11"' day of December 2007. MAYOR ATTEST: CITY CLERK 7.~• MEMORANDUM TO: Mayor and City Commissioners FROM: City Manager DATE: November 13, 2007 SUBJECT: AGENDA ITEM 8 A -REGULAR COMMISSION MEETING OF DECEMBER 11 2007 RATIFICATION OF APPOINTMENTS TO THE IQDS 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 board 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 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 Large" and "At Large Representative" categories. The other appointments are made by the various groups involved and presented to the Commission for ratification. The current appointees for ratification are: Maxx Benn Danielle Beardsley William Fay Position Organization Represented (Incumbent) Aftercare Coordinator SD Spady Elementary (Incumbent) Recreation Supervisor Parks & Recreation Dept. (Incumbent) Principal Cheryl McKeever (Incumbent) Principal Jeffrey Messer (Incumbent) Police Officer Banyan Creek Elementary Crosspointe Elementary Police Deparhnent Yvonne Odom Shirley Santiago Edward Smith (Incumbent) (Incumbent) (Incumbent) Educator Guidance Counselor Crime Analyst Carver Middle Plumosa Elementary Police Deparhnent RECOMMENDATION Recommend ratification of the various appointments to the Kids and Cops Committee to serve two (2) yeaz terms ending November 30, 2009. 11/07 KIDS 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 02/07/06 Ratified 11/07/U7 11/30/2007 Yvonne Odom Carver Middle Ratified o2/o7/uG PBC School District Ratified 11/07/07 11/30/2007 Cheryl McKeever Crosspointe Elementary Uncsp Appt U9/OG/OG 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/OG Ratified 1/2/07 Ratified I]/7/U7 11/30/2007 Maxx Benn S.D. Spady Elementary Unenp Appt 09/06/06 Ratified 11/17/UG Ratified 11/07/07 11/30/2007 Cory Cassidy Citizen at Large Ratified 02/07/06 Ratified 11 /07/07 11/30/2007 Danielle Beazdsley Parks and Recreation Ratified 02/07/06 Ratified 11/07/07 11/30/2007 Jeffrey Messer, Chair Police Department Otig Appt 1997 Ratified 02/07/06 Ratified 11/07/07 11/30/2007 Edward Smith Police Department Ratified 02/07/06 Ratified t1/U7/07 11/30/2007 Jennifer Buce, Vice Chair At Lazge Representative Org Appt 04/97 Reapp[02/07/06 Ratified 11/U7/U7 11/30/2007 Francis Moschette At Lazge Representative Reapp[02/U7/OG Ratified 11/07/07 Contact: Jeff Messer - 243-7841 S/City Clerk/Boazd U7/Kids & Cops ' DELRAY BEACH ~c ~ CITY OF DELRAY BEACH p I I I~ BOARD MEMBER APPLICATIO~G~~4E iooi Nw ~ 2 2006 Please a or Tint the followin information: ~'`~ C~~,/ P jet 1. L t Name: Name M. I. n 2. Home~ddress/ / ~ ~ C~ ~ S~e Zi Co~~ 3. Le% ~esidenc : ~ ~ ~ ~ Ci grace Zip Code 4. Principal Busine Address: D ~ ~f City 1~e ~~~ State FC Zip Code 33~y~/ S. Home Phone: l- 7v' S-7~'3O .Business Phone: L /-v5~/--7 X02 ~ E~- tMuai~A~dtMSS: _ ~ (a~~e~,/FGC1Pl~[%tS Cell Phone: ~~ /- 3/9~ ~15C~~ Fax: Tj 6 7 3 5 - ~ 530 6. Date of B~ th /~~~.~f~975 7. Are you a registered voter? If so, whey are you re tered? ~e S ,~yv~~ti ,~erc~ 8. What Boazd(s) are you interested in serving? Please list in order of preference: sf ~. List all City Boards on hick you are currently serving or have previously served: (Please include dates) 10. Educational qualifications: ~~ ~ t ~ t /i7 7,CDy11 M~'l. 11. List any related pxo ssional cerdficadons and licenses which you hold: 12. Give yotu present, or most recent employer, and position: M ~/ .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 tme, and I agree and understand that any misstatement of material facts contained ~ s applica ay cause forfeiture upon my pazt of any appointment I/may ceiv . /^ Q ~~ ~(~ SIGNATU DATE Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. ~. ~ _~ UELNAY BEACH ~ ~ ~ CITY OF DELRAY BEACH ~nl ~~~~ I I I~ BOARD MEMBER APPLICA,IF'~~NEIVED 1993 OCT ~ 4 2~~~ 2001 Please a or rint the followin information: CITY CLERK 1. Last Name: ~P(r ~1~4` First Name ~clnlc-IlE_ M. I. ~' I 2. Home Address: J4 1 ~ ~ } j~L~ , Ci ~ ry1?~ ~rGi " ~<~Ch Stta~te f'L Zi Code p 3. Legal Residence: IN3~l GU. ~-ICrdN' ~~. Ci ~Lin~CZnCti State Pt- Zip Code 33~/f~~ 4. Principal Business Address: Ciry State Zip Code S. Home Phone: ~lnl ~3 ~~7 Business Phone: E-Mail Address: ~ta~cl~i d~ Eel Cell Phone: a ~b~~cn. tin Fax: 6. Date of Birth ~l.~,l ~~ 7. Are you a registered voter? If so, where are you registered? ~D E ~.,,~~z,,~~ 8. What Board(s) are you inter sted ins ing? Please list in order of preference: ). List all City Boards on which you are c rrently 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 osition LL ~, ~ ~ r 'T/ 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 apphcadon may cause forfeiture upon my part of any appointment I may receive. SIGNANRE ~ DATE Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. DELRAY BEACH l~ ~~~ ~~, 9 ~® ~' ~~ CITY OF DELRAY BEAC~p p 7 2p06 I I ® BOARD MEMBER APPLICATIQ~; ~~'~ 7 993 C; i~ ' ZOO, ~~I~~~~ Please tVDe OI nilrlt the fnllnarinn in~ne~ne«..... - I. Last Name: N e ~ lC0 M. I~ 2. Home Address: -7 -y Ci State l [ ~-~ ~~.ItXXJI~ Zi Co ~/.Q h 3. Legal Residence: ~~, Snu Zip Codc 4. Principal Business Add re ss: City State r Zip C oc k j ~ ~ y~ /' !~^ `7~S ~ ~CY~C(l~ tTJNfn `~..t~¢-~ ~ 1 t Ct ~r r / ~~T~~ H, me Phone: Business Phone: E-M 'Address: Cell Phone: Par; s~ ~ ~ Q 9fr- 6 ?~ ~` o M e @ (wi ~e4L~1, Kea ~ / (JS 6. Are you a registered voter? ~ S If so, where are y~ re 'stered? f 7. What Board(s) are you inur in S g? PI ase li order of preferrnce: ~ /Y r I 6. list all City Boards on which you ar currently serving or have previously served: (Please iadude dates) 9. Educational qualifications: ~ > ~Cl~F:C) ! ~~° (j / t n ~Q ~eC" -1~"~'(j `~•a 1 ~rv1 C.~,~(~ / , fUV S 1 1~ ~ 70. List an)'f" tc rofess' eetti9cations and licenses which qou hold: ~w~~r ] 1. Give your pr or mo recent employer, and position: , , r ,~. , ,. 72. Describe ezpetiences, skt7ls or knowledge which qualify you. to sern on this board: (Please attach a brief resume) I hereby testify that all the above statements are true, wad I agree and understand that any misstatement of material facts in this application may cause forfeiture upon m9 part of any •ppoiatmeat I ree 've. ( <~ "'"" _~ ~ ~ oZ. co ` SIGNATURE - DATE Note: This a lication will bl S pp remam on e m the ctty Clerk s OfSce for a peaod of 2 years from the date it was subtnined. It will be the applicant's responsibility to enstue that a current application is on file. a~arvaruoo~.nwrarwna+ CIECRAY BEACH I ~ J ~Y/ O ~r ~~~ ~ CITY OF DELRAY BEACH ~~~=~!~,~~~ ~' ~ ~~ BOARD MEMBER APPLICATIOI~QN i p 1993 ~^e oos 200T; i131 ~' (~ ~~~i Please type or print the following infnrmorir.r,• 1. Last Name: Name ~ M I~ 2. Ho 'e Address: ~/ , (.J~ r' ~ ~ Stat ~'p Cpd~e/ ~jtlL O 3. Le a1 Res dence~~~~..,,,,AA ~YYe Ciry State Zip Code 4. Princi al Business Address: Ciry State Zip Code C_i~-K7~ RD . ~ ~= ~-.~ F 33~~ ~r' c,R~F ~,aC~E ~ 33 ~~~ S. Home Phone: Business Phone: E-Mad Address: Dell Phone: Fax: 6. Are you a registered voter? ~ ~ If so, where are you register v ~ l ff l~D,~ 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 include dates) ~ J N 9. Educational qualifications : ,, ~~tt~ / f'T ~ ~ ~~ trC.l~. 10. List any related profess al certifications and licenses which you hold: 11. Give your present, of ost recent em Toyer, and position: C_._ 12. Describe experiences, skills or knowledge which qualify you to serve on this board: (Ple e a a brief res ) s I hereby certify that all the above s emen aze tme, 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. l IJ SIGNATURE DATE T~T.,rP TM1.'.. ..1'.. ~n ••°° °rr~~ou~=~ w=u ===,~nu. ~„ rue m me try t.terx s Vince 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. 54CnYCLERK~BOAADUPPLICATiON • DELRAY BEACH l3,~d E~~ v E~ iw-a,,,e<,~cn„ t 1 ~ CITY OF DELRAY BEACH ~ Zp06. I I I I® BOARD MEMBER APPLICATIOI~~~ p 2 ~~ GL~ zoo G~~Y Please a or tint the followin information: ~~/ ~ ~ O 1. LastNa e~ ~ ~ Name e'/ L•- M.I p 2. Ijor~ 3 sC~f'~L l~>°~f ( ~ /l try !t-~ 5~~ Zi Code 3. L e gal Residence: ~,~ine AS ao~e_ City State - Zip Code - 4. Pri~n~ci/p~)al Business Addres/s~: (~ W ~~ l~r ~/ l.. ~ (~ ~ Y ~ - / ` Ci~tyQy~~ Ll/ n~ ~ State/ ~U Zip C/~o/d'e ~ J ome Phone: Bus es hone: E-Mail Address: C~l pl~ine: ~~ Fax: 6. Date of Birth ~~~ `f~ ~ 7. Are you a registered voter? If so, where are you registered? e 5 ~~~~~w 8. What Boazd(s) are yo u inter sted in serving? Please list in order of preference: J ~~ Q.t/~% List all City Boards on which you are currendyserving or have previously served: (Please include dates) 10. Educational qualifications: ()~ I1. List an related professio al certi cations and licenses which you hold: r t~s r rs Ge~I''~i. i ]2. Give our present, or most recent`e~ployer, and position: _ Co ,~ 7 O-' UGC /ZC 13' Describe experiences, skillas o~ owledS which qualify you tp~serve on this boazd: (Please attach a brief resume) 5 ~. U i I her t the above statements aze true, and I agree and understand that any misstatement of material facts co ~ d ' li 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 for a period of 2 yeazs from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. ~ _ .-. ~/ ~~U 15 DELRAY BEACH ~~~~ ~ ~~ ~ ;~ 2006 lt~arot1~"" . ~ ~~4~. ~' ~~ - CITY OF DELRAY BEACi~~-~~ ~~~-y-°`` I I ® BOARD MEMBER APPLICATION 1993 2007 Please type or print the following infoiraation: 1. Last Name: ~~~C C Nam M. L ~ C~~ ~~~g .~, 2. Home Address: City State Zip Code 3. Legal Rcsidrnce: Ctty Stau Zip Codc 4. Prindpal Business Address: City S t au Zip C de o ( ~ 1 l ~ ~ ~\~ ~1.~ r I . ~~`iu 5. Home Phone: Business Phone: i<Mail Addres : Cell Phone: Fax: M~~~c~.~.~lnlci- 6. Arc you a registered votes? *'~ if so, where arc you registered? ~ I 7. ~C'hat Boud(s) are you interested in serving? Pkue list in order of preference: - .\ 8. List all City Boards on which y u ue currently serving or have previously served: (Please include dates) ,\ S ~` 9. Educational quali tcadons: 10. L'st an} related professional eerti9cations and licenses which you hold: ~,°..~~ t~ Q, A ~F \`~ ~ \L FF t ~ 11. Give your present, or most recent employer, and position: 12. Dam ezpcrientts,.skills o k naavkdge which qu a lif t' you. w serve o bda:d: (Pkasc atrach a brief resume) \ \ / ' ~~~ C ~ CY. t~~t\ V,.\ S ~, 5 `J11~ ~ \- \ ~ , I hereby certify that all the above statements are trot, sad I agree and understand that say missntement of rnatcrial fans contained in this application may Huse forfeiture upon my part of any appointment I may receive. ~ # ~~~~ ~zl~~ 1 ~- SIGNA DATE Note: This application will remain on file in the City Clerk's Offitt for a period of 2 gears from thrdau it was submitted. It will be the applicant's responsibility to easure that a eutrrnt application is on file. ar:rrvaacuoraavruuttot, ~~°~i~ ~, t ~ ., ~~ ~ ~_,~. DEIRAY BEACH ~~,~ ti ~ coos ~' '~ CITY OF DELRAY BEACI'i~~-~~' ~~~-~~~~ I I ® BOARD MEMBER APPLICATION 1993 2001 Phase 1VDe OI ntlItt the fnllnv';no :..~ ....,~«__. 1. Last Name: ~ Jom Name M. L U ~ Vo/1Jdrl~ ~., 2. Home Address: ~ Code os Lou~s~r~ ~ 1 /d. ~'~' e-~ra ~~ st~~ 3. Legal Residrncc: City State Zip Codc 4. Prindpal Business Address: City State Zip Cody 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: gam; ~/ ~`I8i £~9~ (~3~-a/oa e v~lon, L.Cvn, 5~a-c~~/D 6. Are you a registered voter? if so, where arc you rep~stued? ~S 7. What Boud(s) ue you interesud in serving? Please list in order of pttference: - `~~ GIs ~~>~d Co s 8. Li~st/all City Bouds on chick you ue currrntly serving or have previously served: (Please include dates) 9. Educational qualifications: s 10. Lis any rdamd professio erti q ' ns,attd licenses whit you hold: , - ,~.~ I I. Gi your present, or most recent employer, and positi l eEz~vr ~Ce i'i/P~!' /o/il~'l~~e C~icr~~ ~.~sTo~ja ~n~ ~~ ~j• 12. Des 'be tirnc ,-:kills or knowledge tvltic6 0 to serve on this board: (Phase attach a bticf resume) _ _ .~L ~"~- ~ ~ I by certify chat all the a statemrnts are e. I agree and ttndentand that any misstatement of material fear din this applicati`~forfeiture upon my Part of aay appointment I ~y my' a. ~~//i/~~ DATE Note: Thls aDDhrltinn Hill r~mein nn AL i~ A.. !':«. lM~i_._ net__ r - --- W y w~~ a vrrtcc roc a ptaoa of 2 years from the date it was submitted. It will be the applicant's mponsibility to ensure that a current application is oa 61e. nan'armcrto~aoW rtucaon RE~EI`,fE ,' '' CITY OF DELRAY BEACH ppEC 0 7 2006 I, ,BOARD MEMBER APPLICATION ,993 CITY CLEt~K tool Please tape of print the following information: JOY /~ 1. Last Name: /r ~. ~~~ ,l U Name ~ / f J c~~J ~l I 2. Home Address: /~ 3 a NI.[J ~ ~~ ld3 City GAB .~ ~ State ~ ZiP Code 33 0 3. Legal Residence: City State Zip Code 4. PtincipalBusiness Address: /Qm~S4 ~,pm City St a t e Zip C o de ' / ~ } ~ / 2 ~ S. me Phone: 5~' Bustt~~ss Phone: // ~ I~<Mafl Address Ce Phone: 4~roao-7~ Fa~c gD. -37 ~8" • ~`f3 -.~(~ oZ n~iq 5A7t?1•r><xuch ~ . K la• ~s.. u G. Are you a registered voter? `Tf so, where aze you 7. What Boa`rd(s) ate you interested in serving? Please list in order of preEetenar 8. List all City Boards on which you are cutrendy serving or have previously served (Please include dates) 9. Eduradonal quali dons-. Gc~/dGn~ ` ~nsc/or 10. List any t red professi nal certifications and licenses which you hold -/~. ~ui nc~ n e d r tl. G' a your presen or most receat employer, and osidon: ES/lm~ ~ - ~" r~ ~ nseld r 1~Dtst~ibe espetiences, skills of knowledge which ualiEy you to serve on this boazd lease thch a brief resume) ~/5 ~ c~n~On~ ~vn~5~~~ u71~~/~s~ond3 ,tea„/,~~ ~h~/~~n , (I hueby certify that all the above statements aze tme, and I agree and understand that any misstatement of material facts con - this app ~ don may cause forfeiture upon my part oEany appointment I may receive. i~~~/~ GNA DAT~_ 1 Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was subtnitted_ It will be the applicant's responsibility to ensuie that a aarrent application is on file s~arvarRSeonarr,~eeuc~:nou: DELRAY BEACH ~l3- ,~ JAid 1 ? 2006 ~ I ~~ CITY OF DELRAY BEACI~~TY ~iy~=~g~~ I I ® BOARD MEMBER APPLICATION 1993 2001 Phase type or print the fellnvrinv ;.,F.,....~.:..... I. Last amrT --- - Name M.I. D/,t~ 2~ 2 Home Address: Ci G . /S(o o Neel • ao2,vo ~/~ • A ~~4C1-~ State Zi Code FG 33 S 3. Legal Residence. City /S~ o NW ~,~,, ,~ /~ . A ~N State Zip Code 3~ fi ! ' 4. Principal Business Address: City t • y~s State Zip Codt ~7lza ~c7~c1J Fb~1CG Lr1A ~~f1 ~'L 33 S~ y~ 5. Home hone: Business Phone: EMail Address: Cell Phone: paX; SG/-o~nS=~~J S~lp/-a$/3~f/7 SHr/)I[(JS/.y~ggq S~(el•~y371r~6 6. Are you registered voter? if ao, where are you registered? 7. What B~d(~ue yo~ tcrested in serving? Please list in order of pnferena: - 8. list all City Boards on which •ou are eurrendy serving or have previously srned: (please include dates) -d-' 9. Educational qualifications: - 10. List any related professional certitications and licenses which you hold: 71. Give our present, or most recent employer and position 12 DestYtbe tIpCptnCGS,.flV7l5 Or knoavkdge which gnlltfy you to nerve OA tha board: lPkast attach ^ b:itf feSnIDt) - c 7J /9S C ~~0 ^l - I hereby certify chat aU a above atatemena are tnu, and I agree and »adetsand that any tnissatetnent of material facts tpttwined in this a 'oA m f fd p ay n e or ture upon my part of any appoint went I may meiva / JZ~7-Oj~ SIGNA VRE DATE Note: This ap licarion will fil l t t ~; ~.. , -m ,., p rcmun oa e m e Gty Clerk s OfBee for a pmod of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is oa file. ann'mucroewysrrtacnt~ MEMORANDUM TO: Mayor and City Commissioners FROM: Richazd C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: November 27, 2007 SUBJECT: AGENDA ITEM S.B. -REGULAR COMMISSION MEETING OF DECEMBER 1~ 20,07 RESOLUTION NO.6907_- 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 fending in the amount of $619,700 for the construction of the Area 4 Reclaimed Water Transmission System project. BACKGROUND The City has implemented and expanded it's reclaimed water transmission system over the past four yeazs, 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 year 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 year 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 should be noted that while the grant is currently fended at the awarded level, ongoing state budget activity could negatively impact that funding. FUNDING SOU~I .~E Funding for the City's portion of the project cost is available in Water & Sewer account #441-5181-536- 65.96, Reclaimed Transmission Main. RECOMMENDATION Staff recommends Commission authorize the Mayor to execute the Alternative Water Supply Grant agreement with South Florida Water Management District. RESOLUTION NO. 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 11~' day of December, 2007. MAYOR ATTEST: City Clerk 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~~r~a Senior Contract Specialist Procurement Department bthayer@sfwmd.gov (561) 682-6011 FAX: (561) 682-5117 BT /jcs Enclosure c: Mark Elsner MSC-4360 cam- ~~~~~ ~~ ~~~~ 3301 Gun Club Road West Palm Beach, Florida 33406 (561) 686-8800 FL WATS 1-800-432-2045 Mailing Address: P O. Box 24680, West Palm Beach, FL 33416 1660 www.sfwmd.gov ORIGINAL SOUTH FLORIDA WATER MANAGEMENT DISTRICT -4~. 2007 - 2008 ALTERNATIVE WATER SUPPLY FUNDING PROGRAM 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 Project Manager: Mark Elsner Telephone No.: (561) 682-6156 E-mail Address: melsner~sfwmd.gov Fax No. (561) 682-5242 Contract Specialist: Betty Thayer Telephone No.: (561) 682-6011 Faz No.: (561) 682-5117 Address: 3301 Gun Club Road West Palm Beach, FL 33406 Not Applicable 59-0247775 FY2008 AWS -Project # LEC-41 Description: South Central Regional Wastewater Treatment Plant (SCRWWTP) Regional Reclaimed Water System: Part 2 of 3: City of Delray Beach Area 4 Reclaimed Water Distribution Svstem AgeementNo.4600001231,Page 1 of 11 This Agreement is entered into between "the Parties," the South Florida Water Management District, the "District", and the undersigned party, hereinafter refereed 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", hereinafter 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 pazagraph shall survive the expiration or termination of this Agreement. 1.3 Attached to this Agreement are the following exhibits which aze incorporated herein: Exhibit A Statement of Work Exhibit B Payment and Deliverable Schedule Exhibit C Reporting Form Exhibit D FederaUState 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 waaanty, 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 contrary, this paragraph shall remain in full force and effect for ten (10) 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 pazagraph. ARTICLE 4 -FUNDING PAYMENTS AND REPORTING 4.1 The District shall make payment to the Recipient upon completion. and acceptance of the final deliverables} 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 33416-4b82 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. 4600001231, Page 3 of 1 t 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 Projects: For projects involving construction of new wells, the Recipient shall: l . 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 aware of and agrees with the changes. The data shall be archived in the District's permanent database and available to the public. Please contact Emily Richardson (561) 682-6824, Emilv.l2ichazdsonnnsfwmd.eov, 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 azising 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 communications regarding this Agreement, other than those set forth in paragraph 4.2 above, shall be in writing and forwarded to the attention of both Agreement No. 4600001231, Page 4 of 11 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 Board 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 terminate 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 Terrnination 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 termination, 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. A~eement No. 4600001231, Paoe 5 of 11 63 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 mediatgr 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 contrazy, 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 are 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 standards 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 Leeal Disautes. In the event the District should become involved in a legal dispute with a third party azising 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 similazly 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. 4600001231, 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 financiallnon-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. Examination of Records: The District or designated agent, the state awazding agency, the state's Chief Financial Officer and the state's Auditor General and/or federal awazding agency shall have the right to examine the Recipient's financial and non- financial records to the extent necessary 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 aze 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 or other relief as provided by law, shall be upon the Recipient. Agreement No. 4600001 Z31, 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.); (Z) 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 District may cease funding for this Project and any future Projects proposed by the Recipient. All other provisions of this contract shall temlinate 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. 4600001231, 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, boazd 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 pazagraph 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 aze free to enter into contracts with other parties for similar 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 beneficiary or otherwise. ARTICLEII-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 performance of this Agreement that arises from fires, floods, strikes, embargoes, 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 care 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 1 I 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 1-11 (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 referred 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 jttrisdiction, 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 law. 11.5 This Agreement may be amended only with the written approval of the Parties. 11.6 This Agreement states that all publicitylpublic 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. l l.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: By: Date: ~~ 19 C' SFWMD Office of Counsel Approved: Date: Entity's Legal Name: By Authorized Official: Printed Title: Date: 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. Introduction/Background 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 su~cial 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 Defray Beach and to promote up to 1.163 MGD of additional reclaimed water use. C. Scope of Work The City of Delray Beach will construct an Area 4 reclaimed water transmission system consisting of approximately 4,300 linear feet of 24-inch reclaimed water main, 2,700 linear 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 summazizing progress made to date, issues of concern potentially affecting project performance, and any other information pertinent to the project. Delivery 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 ReRort: 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: 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 Delaire 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. ' 1. - f 1 Status Repon N/A ?December 1, 2007 N/A 2 Status Report N/A February 1, 2008 N!A 3 Status 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 N/A 200 $428 5 main and associated piping and valves , from Linton Bculevard to LWDD Draina a Lateral No. 37. Construction of approximately 2,700 6 linear feet of 1 E-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 $679,700 Total construction Cost This Phase $1,670,000 ' The deadline for the final invoice submittal is August 29, 2008. However, this invoice could 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 ddlling 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 specifed format is available via email. Contact the appropriate SFWMD Project Manager to request one. Page 1 of t, Exhibit "B" to Agreement No. 4600001231 EXHIBIT "C" REPORTING FORM Project Name Project Summary I+YnaI Report - FY 2008 SFWMD Contract Number Describe Project constructed: Project Manager Project Owner 4F Lrt~ti ,:n °VS t ~ ~VTI M'Yt S~ T ~ }~}.._ F~tv~`".'~.3.ck F:: 4fY {I'! 5 S11`~~t~'w3 k{Fx~ Sr'im Y41~i ~jd £' Jfi . 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 Deed Actual Start Finish ~y. ~ ~~{.~ y ~y r, , ~ ; ., YS t"1i'ai ~.iP It5(~ 04E ~ \ ham. av R4~ ~ ~ , _, i J ~ :~ ~ .~ +' a .`i"~ . _' _ FL Vii, t i"r~` .S i Ir .. . . Pro Deed this Actual this Total Construction Cost -This Phase $ $ . .. .. ~. . _ 4_~y, .. -,~ . -n. ~ District fundin this hase $ $ Local funds $ $ Other funding source From• $ $ TOTAL Attach map and photo(s) of project on CD, if available. The District wi3l make funding payments only to reimburse for work completed between October 1, 2007 and Auguat 29, 2008. To the best of my knowledge, the above information is correct Chief Financial Officer Project Manager Page 1 of 1, Exhibit "C" to Agreement No. 4600001231. H 0] S w Z J J LL W O F- N Z U H Z W W W (.~ Q ~_ F- F- Z Q a H Z W W F- O W Q Z W e 0 a~ o :5 o d ~ ~ aU C E Q c C W 3 Y w° i= v ~+ o ~ Q , ._ U v E a L C °' U ~ z a, .~ U r d E d 9 ~ `y 9 d w L 0 N Y W N ~ w s ~ d $ o ~.az w 0 ~'~ ~ I ti o :: c . V 6 i i °' o i d W c L C . W ~ y c4 F u 3 Y o F:, W Q m A U e .y U e fi i d ~ . a ~ A ~ ~z e w d y C4 T c d a m 3 A a ~ L [Li Q L 0 O y c W m H ~ ~e wy °' ~ z' 0 y.mo ;~ n a d y a t° y aU W h 5 ~ O 0 o N p ~ E m a p ~ ~+ Q °' M u ~ .~. ~ d :° g ~ 0 a. V U ~ ~ y ~ m Q C ._ Rai' F v Q0 ~ 3 ~ y o ~' ~ G U C O ° W c v d w o a. w o ;; ~% w 3 e U °V a e y ~ o d z ~ L N `m .~. ~ ~ ~ A ~ ~ o N y w e a. v `~ d a T c d m s 9 rN 3 a d 0 O w ~ A a '° o ~ ~ wc.2 f~6 ~ U y C m V LL NU O Q m ~ O ~ `~ ~ ~U R ~ V~~ L LL 7 ~. V C ++ .C ~ ~ d N ~p O ~ ~ O ~ ~ ~ ~ U w ~ ~ ~ ~U o ~ 0 ~ m y ~~ ~ ~ ~ w r LL ~ ~ L ~ C_ L w ~ ~ N w rn~w~ O ~ L n~ ~ a C ._ C N f6 t T w ~ 3 L L £ w ~ '3 r v y i`a N ~- r"j O C O ~ ~ Q V U Q~U ~ M N N L r U_ N y~ Zr c ~ ~ N ~ ~ N ~ F i ~ N ~ N ~_ Q .r o. °~ ` of > r '.° ~ .-. _U ~ ~ Q ~ T 'O ~ RS C N LL,~N„ ~U w¢ c"~~e °' °' w o ac ~ Y 3 C (6 ~ N (6 N N N p>~N .V o w aZ fl'a L_N U U ~N .~ O N ~ LL ~ ~ a i° ~ U y EXHIBIT A AREA 4 RECLAIMED TRANSMISSION MAIN MEMORANDUM TO: Mayor and City Commissioners FROM: Bob Diaz, Construction Manager Richard C. Hasko, Environmental Services Director THROUGH: David T. Ilarden, City Manager DATE: November 28, 2007 SUBJECT: AGENDA ITEM 8.C. -REGULAR COMMISSION MEETING OF DECEMBER 11.2007 AMENDMENT #6 TO_THE_AGREEMENT WITH DAVID MILLER AND ASSOCIATES P.A. FOR RATE ADJUSTMENTS ITEM BEFORE COMMISSI(ZN The attached agenda item is a request for Commission approvaUauthorization for the Mayor to execute Amendment #6 to the Architectural Services Agreement the City has with David Miller & Associates, P.A. BACKGROUND This amendment will adjust hourly rates per Section VII(A)(2)(a) of the Architectural Services agreement dated May 7, 1996 between the City and David Miller & Associates, P.A. David Miller has requested and staff supports a 5% rate increase. The new hourly rates are shown in Exhibit "B" of the attached agreement. RECOMMENDATION Staff recommends approval of Amendment #6 to the Agreement for Architectural Services with David Miller and Associates, P.A. AMENDMENT N0.6 TO THE AGREEMENT FOR ARCHITECTURAL SERVICES WITH DAVID MILLER & ASSOCIATES. P.A. DATED MAY 7.1996 THIS AMENDMENT NO. 6 to the Agreement for Architectural Services dated May 7, 1996 is made this _ day of 200_ by and between the CITY OF DELRAY BEACH ("CITY") and DAVID MILLER & ASSOCIATES, P.A. ("CONSULTANT"). WITNESSETH: WHEREAS, the parties entered into an Agreement for Architectural Services ("Agreement") dated May 7, 1996, in which the CONSULTANT would provide professional azchitectural 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 fora 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 charged 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 are deemed to be incorporated herein and are binding on the parties. IN WITNESS WHEREOF, the parties have executed this Amendment to the Agreement for Architectural Services on the day and year first hereinabove written. ATTEST: By: City Clerk Approved as to legal form and sufficiency: By: City Attorney WITNESSES: CITY OF DELRAY BEACH, FLORIDA By: Rita Ellis, Mayor DAVID MILLER & ASSOCIATES, P.A. (name printed or typed) (name printed or typed) STATF.OF COUNTY OF By: (name printed or typed) The foregoing instnunent was acknowledged before me this 200_, by , as (name of officer or agent, title of officer or agent), of day of (name of corporation acknowledging), a (state or place of inwrporation) 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 Hourly Raw Salary Rates Salary Rates Times 3.00 Multiplier Arohitect Principal $ 52.33 $ 157,00 Project Manager $ 43.87 $ 131.00 Architect I $ 35.00 $105.00 ArohRect II $ 29.67 $ 89.00 intedor Oasign $ 26.00 $ 78.00 CADD Operator $ 22.67 $ 68.00 Clerical $12.00 $ 36.00 Engineers -Civil Pdncipal N/A $131.00 Project Manager WA $ 94.00 Project Engineer WA $65.00 Designer N/A $ 63.00 CAD Drafter N/A $ 57.00 Manual Drafter N/A $ 47.00 Clerical N/A $36.00 PLS WA $84.00 Survey Tech N/A $ 73.00 Field Crew (3 man) NIA $ 115.00 Field Inspector WA $ 57.00 Engineers - Stnrcturai (#1) Pdnclpal N/A $ 157.00 Project Manager NIA $ 126.00 Project Engineer N/A $64.00 CAD Operator WA $ 63.00 Engineers -Structural (#2) Pdnclpel WA $105.00 Project Manager WA $94.00 Designer WA $ 78.00 Draftsman WA $ 63.00 Engineers -MEP (#1) Principal N/A $157.00 Project Engineer N/A $94.00 CAD Drafting WA $ 73.00 ClerEel WA $ 47.00 Engineers-MEP (#2) ~Pdncipel N/A $99.00 Engineer WA $ 99.00 Designer N/A $ 52.00 CADD Operators WA $ 52.00 Cledcal N!A $ 26.00 Landscape Arohitecis Pdncipal NiA $131.00 Senior Landscape Architect N/A $105.00 Computer & Professional N/A $ 89.00 OraftinglSupport Staff WA $ 63.00 MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement Elizabeth Alpert, Neighborhood Services Administrator THROUGH: David Harden, City Manager DATE: November 28, 2007 SUBJECT: AGENDA ITEM 8 D -REGULAR COMMISSION MEETING OF DECEMBER 11.2007 SHIP ALLOCATION FOR 07-08 RECAPTURED FUNDS ITEM BEFORE COMMISSION City Commission authorization and approval to allocate FY2007-2008 SHIP recaptured funds towards 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 organizations. 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 aze dollars that aze recouped by the City from past SHIP grant recipients who default on the terms of the loan awazd, 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 maybe generated over the next fiscal yeaz. 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 serve as the City's primary partner in providing affordable housing opportunities through our current sub-recipient housing partnership. State Housing Initiatives Partnership 118-1924-554-49.20 RECOMMENDATION 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 Corporation (CDC) and/or eligible non-profit organizations. MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: November 28, 2007 SUBJECT: AGENDA ITEM 8 E -REGULAR COMMISSION MEETING OF DECEMBER 11 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 award 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) yeazs, 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 Cazeer 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 are 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`h 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 cone-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 , 2007. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Approved as to form: City Attorney WITNESSES: Rita Ellis, Mayor UNITED WAY OF PALM BEACH COUNTY Print Name Print Name By: Scott Badesch, President & CEO 2 foregoing instrument was acknowledged before me this day of _, 2007, 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 He/She is personally known to me or has produced (type of identification) as identification. Notary Public State of Florida County of Palm Beach The corporation 3 MEMORANDUM TO: Mayor and City Commissioners FROM: Janet Meeks, Education Coordinator Lula Butler, Director of Community Improvement THROUGH: David T. Harden, City Manager DATE: November 28, 2007 SUBJECT: .AGENDA ITEM 8 F -REGULAR COMMISSION MEETING OF DECEMBER 11, 2007 AMENDMENT TO AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE ACHIEVEMENT CENTER FOR CHILDREN AND FAMILIES ITEM BEFORE COMMISSION 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 regular 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 available from account # 001-4111-572-83.01 (Other Grants & Aids). RECOMMENDATION 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 Parks & 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. 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. 4. 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 Approved as to form: City Attorney WITNESSES: Print Name Print Name State of Florida County of Palm Beach The corporation. 2007. CITY OF DELRAY BEACH, FLORIDA By: Rita Ellis, Mayor COMMUNITY CHILD CARE CENTER By: Nancy Hurd, Executive Director foregoing instrument was acknowledged before me this day of _, 2007, 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 He/She is personally known to me or has produced (type of identification) as identification. Notary Public 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Randal L. Krejcarek, PE, LEED AP, City Engineer Richazd C. Hasko, PE, Environme~ntalnServices Director THROUGH: David T. Harden, City Manager ~/ V DATE: November 26, 2007 SUBJECT: AGENDA ITEM -REGULAR COMMISSION MEETING OF DECEMBER Il. 2007 SIDEWALK DEFERRAL REQUEST -1516 LAKE DRIVE _TTEM BEFORE COMMISSION Deferral of sidewalk installation in front of 1516 Lake Drive. BACKGROUND This is a single family residential lot located at 1516 Lake Drive. Lake Drive is located in the Lake Ida neighborhood just east of Lake Ida lake. There aze currently no sidewalks along Lake Drive and there aze no future plans to install a sidewalk along Lake Drive. FUNDING SOURCE Not applicable Engineering supports approval of the sidewalk deferral. B.G~ Prepared By: RETURN TO: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 AGREEMENT FOR SIDEWALK IMPROVEMENTS THIS AGREEMENT entered into this day of 200 between the City of Delray Beach (hereinafter the City) , and ~~~~ ~ij ~ C ~fI/~~IN['-~ (hereinafter the Owners), for the purpose of v/aiving the requirement of the installation of a sidewalk along ! s' ~~ 0_ .9 ><''~ 1a %~' until such time as the City requests the construction of the sidewalk by the Owner. WHEREAS, Land Development Regulation Section 6.1.3(C) requires the installation of s sidewalk, within the ~ /~ ~+~-- 7`>r': i ~' ~'- right-of--way imm~iately abutting the subject property, by the Owner prior to the issuance of a certificate of occupancy; and, WHEREAS, the Owners have requested a waiver from the requirement of the installation of a sidewalk pursuant to Land Development Regulation Section 6.1.3(D)(1)(b); and, WHEREAS, in order to provide conformity along the street the City Commission voted to waive the requirement for the installation of a sidewalk until such time as the City requests the Owner construct the sidewalk. WITNESSETH NOW, THEREFORE, in witness of the above and in consideration of the City agreeing to waive the requirement for the installation of a sidewalk, at this time, for the property located at: / S"/(o LA l~tF. DR/ V FG 1. The Owner agrees to construct a sidewalk, at its sole cost and expense, along the l ¢} /C 1~ b2/ ddb. right-of-way abutting the subject property, within a time period that is acceptable to the City, after being requested to do so by the City. The sidewalk, when constructed, shall meet all of the current ordinances of the City of Delray Beach. 2. It is the intent of the parties that this Agreement shall run with the land. This Agreement shall be recorded in the public records of Palm Beach County, Florida and shall be binding on the parties legal representatives, heirs, successors and assigns. IN WITNESS WHEREOF, the parties to this agreement set their hands and seals this day of ATTEST: City Clerk Approved as to form and sufficiency: City Attorney WITNESSES: ~~ Q, 200_ CITY OF DELRAY BEACH, FLORIDA By: Mayor O .I r~~~/ r ~~~~ 2 c.~ e, ~O~r ~ Gil (Please type or print name) (Please type or print name) STATE OF r~~ l/ COUNTY OF /J /h' ~1'~G~( The foregoing instrument was acknowledged before me this '~ day of _~ , 2007 by (name of officer or agent), of incorporation) corporation, has produced not take an oath. (SEAL) (name of corporation), a (State or place of on behalf of the corporation. He he is persona y no to me or (type of identification) as identification and did/did Si e o otary State of F~r~c~a. KOTARY PUBLIC • STATE OFFIARIDA ""' ~ Chiquita M. Alexis = ;Commission #DD635371 ~~„ ,.,••`' Expires: FEB. 01, 2011 BONDPD nunnnnNncB..:1111Np rq„ INC. agt~sidewnik defertal Bgreemrnt ~+ ^~ W ^~ NW I..L ^~ W /~A/ d ~L J r r ~_ C7 L U f0 N m N L 0 N CAD N MEMORANDUM TO: Mayor and City Commissioners FROM: Randal L. Krejcarek, PE, LEED AP, City Engineer Richazd C. Hasko, PE, Environmental Services Director THROUGH: David T. Hazden, City Manager DATE: December 4, 2007 SUBJECT: AGENDA ITEM -REGULAR COMMISSION MEETING OF DECEMBER 11.2007 __ OLD. SCHOOL SQU__ARE PARKING GARAGE AND PARK SITE PLAT ITEM BEFORE COMMISSION The attached Agenda Request is for Commission approval of the Old School Squaze Gazage and Pazk Plat which is a replat of a portion of Block 76 and a portion of the abandoned 16' alley lying within Block 76, Map of the Town of Linton, (Plat Book 1, Page 3) being in Section 16, Township 46 South, Range 43 East, City of Delray Beach, Palm Beach County, Florida. The attached Agenda Request is for Commission approval of the Old School Square Gazage and Park Plat located in Block 76 and bounded by an alley on the south, NE 1St St on west, NE 1St Street on north and Pineapple Grove Way (NE 2°d Ave) on east. The property is a replat of a portion of Block 76 and a portion of the abandoned 16' alley lying within Block 76, Map of the Town of Linton, (Plat Book I, Page 3) being in Section 16, Township 46 South, Range 43 East, City of Dekay Beach, Palm Beach County, Florida. This plat was processed as a minor subdivision, therefore, it is forwazded directly to City Commission for final action (no other boazd review was necessary). FUNDING SOURCE Not applicable RECOMMENDATION Staff recommends approval. 8. H. -~--+ L O O U _~ ~~ ~ &8 ~i C7 U f6 N m f0 i N 0 0 N g N Z ~ ~° " O $ lf~43g o2f °~ ~` ~ €gs`A~ I ~ ~a sip a.a~~~ z ~~a ~ ~~ a o ~~ ~ ~ ~'~~~e~ ~~ ~ ~Y~~~~i~fi'~ ~ ~ ~e F @ :~ ~. 4~~ ~.~6~~ Y b ao~~~ o~~s~ a~? ~ g~~~~ LL= O a00~~ 8z ~!¢z~ ~ y W W O ~~~~ c =g~ YV~ SmU R >2 Q' ~ o J ~~ 6~ g°~~, ~~ a y f ~ B RR pg~ i t ~ E ~~~ ~~ ~~~ 5~6 3 & i ~~ ~~~: fMKNg9M N~b10 A b 'SI y~ Y g ~~II 3 8 YE. 3 S € €~ ~b C ~~ ~~ ~~~ ~gg~ g ~ E# ~ ~` aO ~$ ~ ~~ ~ ~. ~~ Q e ~ I: I I ~ ~~ 1 ~ os tQ 6 + I F z f ~L ~~ ~~ { ~Ila~ ~ ~ 3YtllIpS tOO1C18 YlO € ~s s a~ ~Q~~K ~~ ~~~~ ~ ~~~~ a~~ ~~ ~~~ a~~ !~ ~~~ ~ E ~~~ ~ €~€~~~ Amt`~~ 44 a Heller -Weaver and Engineers ... Surveyors ... Planners Inc. November 29, 2007 D ~ `~ ~ 0 V NOV 2 9 2007 p Mr. Scott R. Zubek, Senior Planner ~~ City of Del «y Beach PLANNING & ZONING 100 N.W. 1 Avenue Delray Beach, FL 33444 RE: Old School Square Gareae and Park Site Plat Delray Beach Project File No. 2008-003-FBP-CCA H1NS Project No. 15396.105 Dear Mr. Zubeck, Henry Heller, PE, PSM John D. Weaver, PSM Richard W. Sheremeta, PE Daniel C. Laat:, PSM James A. Schroeder, PSM Tracy L. Ward PE Enclosed are three (3) revised copies of the aforementioned plat document 24°x36° format, one (1) copy 8.5° x 11' format abng with a copy of the boundary survey for your use and review. The folbwing is our response to the October 29, 2007 plat comments letter from your office. P/annlno & Zonfira Plat Comments fSurvev Data) 1. A resurvey of the property is required upon submittal of a boundary plat Enclosed is a copy of the boundary survey for your use. 2. Perimeter bearings, distances, and azimuths must be on all lines. Please show this data on the proposed FPL easement lines and others as necessary (Easement lines parallel to the plat's boundaries?). Amended plat document to reflect sufficient distances and bearings on the easement. 3. The plat must be tied to a PLSS (Public Land Survey System) section comer. The land fie must be labeled with accurate bearings, distances and azimuths. Amended plat document to reflect land tie information. 4. Please add a graphic scale bar wnsistent with the text scale. Amended plat document to reflect graphic scale. 5. Pursuant to the City's Land Development Regulations (LDR) Section 2.4.3(H) the plat must be drawn at a scale of 1" = 20' or 30' unless the City Engineer approves the existing scale of 1" = 50'. Please verify this with the City engineer. The scale of 1 "=50'should be approved by the City Engineer. 6. In the space for Palm Beach County recordation at the top right comer of the page, Sharon R. Bock's name is misspelled (BROCiCj. This has been corrected to Bock. 7. Under the space for County recordation please remove the extra word °SHEET". The extra word °sheet" has been removed. 8. Pursuant to F.S. 177.151 grid bearings or azimuths and State Plane Coordinates must be shown on all PRMS and land ties. Amended plat document to reflect State Plane Coorr/inates. 310 Southeast First Street, Suite Four, Delray Beach, FL 33483 561 / 243-8700 Fax 561 / 243-8777 Mr. Scott R. Zubeck November 29, 2007 Page 2 9. Please show the centerlines for all adjacent streets and label them with the appropriate survey data (bearings, distances and azimuths). Amended plat document to reflect centeAines with bearings. 10. On the tithe sheet of the plat, please remove the signature space for the "Director of Environmental Services." Signature space has been removed. 11. Prior to submission of the plat-myiar, please remove the worfc order ID "HWS W.O. #15396.105." Work order ID has been removed. 12. The "witness" signature blocks for fhe acceptance of dedication are not shown. City Clerk Attest is reflected according to the City's plat documentation. 13. Please show drainage easements on the plat where necessary. Not required on City property. 14. A licensed attorney must review the title for the pniperty and sign the title certification on the face of the plat prior to submission of the plat-mylar. This will be provided by the City. P/annino and Zoning Technics! Commerrts 1. Technically this is a minor subdivision plat with two tracts (or parcels). The first tract should delineate the garage sde; and the second tract the park site. The area at the south end of the block, for the proposed park, was rezoned to OSR (Open Space -Recreation). Amended plat document to reflect Tract °4"and Tract B". 2. .All areas of the plat must be dedicated with standard City of Delray Beach language, e.g. 'TRACTS A AND B AS SHOWN HEREON ARE HERBY RESERVED FOR THE OWNERS, THEIR SUCCESSORS AND ASSIGNS FOR FUTURE DEVELOPMENT AND OTHER PROPER PURPOSES, AS ALLOWED PURSUANT TO THE ZONING REGULATIONS OF THE CITY OF DELRAY BEACH.° Amended plat document to reflect requested language in dedication. 3. The dedication of proposed Florida Power & Light easement must be done via plat, with appropriate dedication language. The space for D.R.B: P.G. easement to FPL should then be removed. Amended plat document to reflect recording information. 4. The FPL easement extends beyond the plat boundaries and into the public right of way (N.E. 2ntl Avenue, a.k.a. Pineapple Grove Way). Please remove this portion of the FPL easement Removed from plat document. 5. There're General Utility Easement (G.U.E.) dedication statement on.the plat, but no general utility easements are shown. If there are no additional utility easements required this statement can be removed. However, the utility easement note pertaining to per Florida Statute 177.091(28) must remain and would be referenced in the surveyor's notes, not in the dedication language. Removed language from dedication. Heller -Weaver and Sheremeta, Inc. Engineers ... Surveyors ... Planners Mr. Scott R. Zubeck November 29, 2007 Page 3 6. The area south of the plat was re-platted as DHBH #1 and recorded in Plat Book #110, Pages #130=131. Please depict the area according to the replat, with reference to two particular • The expansion of the Est-west alleyway through Block #76 from 16' to 20'. • The remainder of the north-south alleyway abandonment via O.R.B. 20672, P.G. 990 (south 26' of the north-south alleyway). Amended plat document to reflect DHBH #f Plat 7. Please submit a composite utility plan showing the location of all utilities, including FPL, AT&T, FPU and Comcast If the utilities were placed in the public right of way please indicate so. City's responsibility. 8. The final plat cannot proceed to City Commission until all utility provider notifications have Veen received and all easement conflicts have been preliminarily resolved. The City has not received a response from the following utility provider companies. • Florida Public Utilities. • Bell South (AT&T). • Comcast. City's responsibility. Should you have ariy questions or require anything further on my part, please do not hesitate to contact me. and Sheremeta, Inc. JDW: mak Enctosure CC: Richard Hasko, PE -City of Delray Beach (w/copy of plat and survey documents) Fie: Reepome I.e7er Oe4q S.?u0etlc 112907 Heller -Weaver and Sheremeta, Inc. Engineers ... Surveyors ... Planners MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi, Deputy Director of Public Utilities Richazd C. Hasko, P.E., Director of Environmental Services THROUGH: David T. Hazden, City Manager DATE: November 30, 2007 SUBJECT: AGENDA. ITEM -REGULAR COMMISSION MEETING OF DECEMBER 11.2007 AQUIFER STORAGE & RECOVERY WELL: PRETREATMENT OPTIONS ITEM BEFORE COMMISSION Service Authorization #04-01.5 (Amendment 5 to Service Authorization #1) to CH2M Hill, Inc. in the amount of $12,211.00 for professional engineering services in the identification of pre-treatment options for effectively removing arsenic contamination from the Aquifer Storage and Recovery Well (ASR). BACKGROUND To re-permit the ASR well with Florida Departrnent of Environmental Protection (FDEP), water quality data had been collected under previously approved Service Authorization #1.2 (Task 1; $12,000), Water Quality Characterization. The results from the characterization confirmed the presence of arsenic in the ASR Well to be in excess of the United Slates Endvonmental Protection Agency's Primary Drinking Water Standard. Service Authorization #1.3 (Task 2; $20,000), bench-scale treatment evaluation, indicated that the City's current treatment process could be used to treat the water from the ASR Well to bring the arsenic concentration to acceptable levels. Under Service Authorization #1.4 (Task #3; $7,500), the results of the geochemical characterization and the bench scale treatment evaluation were presented to FDEP and Palm Beach County Health Departrnent (PBCHD) to identify technical requirements and a potential course of action for re- permitting the well. From this meeting, all parties concluded that apre-treatment process for removing the arsenic contamination level is the preferred method. Pre-treatment provides a level of safety the PBCHD is comfortable approving as contamination is removed before reaching the water plant. Under Service Authorization #04-01.5, the consultant will identify up to three pre-treatment technology options that could be used to remove the arsenic concentrations prior to treatment at the Water Treatment Plant. Total services to date include, water quality characterization (completed); bench-scale treatment evaluation (completed), meetings with FDEP (completed), and identifying pre-treatment options (under consideration). Costs associated with each task are $12,000, $20,000, $7,500, and $12,21 I respectively, for a total of $51,711. FUNDING SOURCE Funding is available Erom account 442-5178-536-46.90 (Water and Sewer RenewaUOther Repair & Maintenance Costs) in the amount of $12,211.00. S .z RECOMMENDATION Staff recommends approval of Service Authorization #04-1.5 to CH2M Hill, Inc. in the amount of $12,211.00 for professional engineering services in the identifying pre-treatment options for removing contaminants from the Aquifer Storage and Recovery Well (ASR), P/N 2003-014. Service Authorization 1.5 to the Agreement to Furnish Professional Services Dated April 28, 2004, Between the City of Delray Beach, Florida and CH2M HILL, Inc. City P.0. Number: City Rroject Number: Title: Pre-Treatment Technologies for Contaminant Removal at the Aquifer Storage and Recovery Well Category of Work: Rrofessional €ngineering Services General This SERVICE AUTHORIZATION shall modify the professional service agreement referenced above and shall become part of that AGREEMENT as if written there in full. Changes in the indicated Scope of Services will be subject to renegotiation and implemented through an amendment to this agreement. Introduction In preliminary discussions with the Palm Beach County Health Department (PBCHD) regazding the City's Aquifer Storage and Recovery (ASR) well, the PBCHD has requested modifications to the City~s proposed plan to begin withdrawing water from the ASR well, blending it into the City's raw water supply, and treating it at the City's Water Treatment Plant (W'I'P). Specifically, PBCHD is requiring multiple independent barriers be in place to prevent a maximum contaminant level (MCL) violation should any one or more of the independent barriers fail. This SERVICE AUTHORIZATION is structured as a phased approach that will allow the CITY to: Evaluate treatment options (including anorder-of-magnitude cost estimate for each option), and • Identify a preferred treatment option. It is expected that subsequent follow-up work will include an evaluation of waste stream disposal, the identification of the best location for implementing the treatment, and meetings with PBCHD and the Florida Department of Environmental Protection (FDEP). Scope of Services The following are the scope of services proposed to assist the CITY in complying with PBCHD's request as stated above. Task 1-Arsenic Pre•Treatment Analysis CH2M HILL will identify up to three pre-treatment technologies that could be used to reduce azsenic concentrations prior to treatment in the City's lime softening plant so that they are below the MCL. CH2M HILL will contact vendors and develop anorder-of- magnitude cost estimate for each applicable technology. The analysis will include an evaluation of the options for disposing of any waste generated by the pre-treatment system. Main tasks for performing this analysis include: - Evaluation of pre-treatment technologies including granulaz iron media (GIM), reverse osmosis membranes (RO), ion exchange (1X) and conventional treatment using fen•ic chloride as the coagulant. - Identify advantages and disadvantages and other additional benefits realized when implementing each of the potential treatment technologies for arsenic removal. Develop order-0f-magnitude cost opinions for all proposed/evaluated treatment technologies for azsenic removal. This will be performed using a combination of CH2M HILL's proprietary pazametric cost estimating system (CPES) and vendor quotes for the main components of the proposed treatment system. Vendor quotes will include opfions for leasing the equipment for a fixed period of time. The lease length will be estimated as part of this study based on the vendor's assumed recovery rate and the stored volume of treated water in the aquifer. Additionally, the experience of other utilities with ASR systems will also be considered. Costs developed will include construction, capital, annual O&M and life cycle. The deliverable for this task will consist of a technical memorandum describing each pre- treatment system, advantages and disadvantages of each, and recommending one. The technical memorandum will include anorder-of-magnitude cost for each system. Schedule CH2M HILL will commence work on the Scope of Services described herein upon receipt of a fully executed copy of this Specific Authorization from the CITY, which will serve as the notice to proceed. Exhibit 1 summari~as the proposed schedule. EXHIBR t Proposed Project Schedule Task Time of Completion Start Duration Task 1 -Pre-Treatment Analysis Upon Notice to Proceed from the CITY 4 weeks Assumptions • The City will provide CH2M HILL with a current version of its proposed ASR recovery plan, a current process and flow diagram for the WTP, and any other as-built diagrams or other information needed to evaluate alternative barriers. • The order-of-magnitude cost estimate will assume that the treatment unit is located at the wellhead and that sufficient water is available for dilution. PAGE 2 OF d Compensation to the CONSULTANT Compensation for the work described in this Service Authorization shall be on slump-sum basis in accordance with Section VILA.1 of the Agreement. A summary of the fees for each is shown in Exhibit 2, with a break down of the labor hours and expenses shown in Attachment A to the Service Authorization. Ew+lsrt z CHZM HILL Pa nt Schedule Task Fee Task 1 -Pre-Treatmerrt Malysis $t2,21 ~ Invoicing shall be monthly, and shall be broken down as a percent complete. This service authorization is approved contingent upon the CITY's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the CITY in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the CITY may terminate the contract without incurring any further liability. The CONSULTANT will commence work on any service authorization approved by the CITY to be included as part of the contract without a further notice to proceed. Approved by: CITY OF DELRAY BEACH: Rita Ellis (date) Mayor t:HLM titLL , 1NC. Rick Morales Area Manager Attest: (date) Witness (date) Approved as to Legal Sufficiency and Form Witness (date) PAGE30F4 STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me this _ day of November, 2007, by Rick Morales, Area Manager, CH2M HILL, Inc., a Florida corporation, on behalf of the corporation. She is personally known to me and (did/did not) take an oath. Dorothy Gumm Notary Public State of Florida (~) PAGE40F4 H m f9 N ~ ' O N M f9 M ON OM N ~ OW n M fA f9 f9 N OM OM f9 f9 O N ~ 1° a ~ N N N Q O a fA M fA o o m c° op o~ o o o 0 0 0 0 0 N m 0 e o x o 0 H d . ~ ~ ~ e o e C = o ~ ~ ~ c e o 0 ~ ~ Y ~ ~ Z wc, A O O O dr N ~ f° eD ~ O N O Q N t O ` ~ N W~a Q ~ O O O O O O W t7 t° N M W ~ O t° W N M O~ 1~ ° i r 0 W 0 O ~ M ~ h U ~ = N N ~ ri ~ so au ~ (o ~ r ~ If) W» In ~ m ~ N ~ fU w ( ~ V m V ~ ~ ~ w ~ ~ • ~ ~ ` v ~ m m co r~ m ~n o <n N ~ ~n v M N .- o y d ' n - ~ ^'~ ~ rr ~ ~ ~ .. z °m 0 ¢ ~ °. ' m U ~ 2' ¢ 3 n g ~i a ° ~ `° a ro a` V ° Lu tq ~ '~ W o U ° Y ° m c .$ S ~ g ~ ~L"$ U a ~ ° w ~ lR ~ U rn E a°~ ~ i y L" v ~ ~ ~ m ^' o ' 'o v `m w ~ o °' x'' ~ m c m ° a `° t ~ = m = _ ° m ~ a O ~ ~ ~ ~ U N m - m L" a . w w= w N 2 O a c o ~ = c ~ _ _ ~ W p y °.~ m c" q `m ~ 'u5 ° m C ~ ~ ~ " o ~ $ w ~5 y ~ W y ~~° t E V ° c c ' ~ m w ~ r o ° °. o a` % °° FU m w ~- o E o o m w ~ ~4+ o 5 u ~ = H .~ U K a ii U N ., MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Community Improvement Director Elizabeth Alpert, Neighborhood Services Adminstrator THROUGH: David Harden, City Manager DATE: December 6, 2007 SUBJECT: AGENDA ITEM -REGULAR COMMISSION MEETING OF DECEMBER 11.2007 CDBG CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPERI ITEM BEFORE COMMISSION Request for City Commission approval of the 2006-2007 Consolidated Annual Performance and Evaluation Report required by the United States Housing & Urban Development Agency (HUD) for utilization of federal grant funds. BACKGROUND The Consolidated Annual Performance and Evaluation Report (CAPER) serves to meet performance reporting requirements by the Department of Housing and Urban Development (HUD) pursuant to the regulations established under 24 CFR 91.520. The CAPER covers the period of October 1, 2006 through September 30, 2007 in the reporting on HUD sponsored activities as specified in the City's 2006-2007 Action Plan. The 06-07 CAPER fiuther serves as an update on the goals and objectives identified in the City's Consolidated Strategic Plan (2005-2010) five-yeaz plan. In accordance with HUD requirements, the CAPER is available to the general public for review and commentary for a period of not less than fifteen days (November 30 -December 14, 2007). All comments received within this time frame will be included as part of the report and submitted to HUD. FUNDING SOURCE N/A RECOMMENDATION Staff recommends approval of the CAPER pursuant to regulations established under 24 CFR 91.520 for the rating period of October 1, 2006 through September 30, 2007 to meet performance reporting requirements of the Department of Housing and Urban Development. V ~mr of o~na~ era Consolidated Annual Performance and Evaluation Report "CAPER" Fiscal Year 2006-2007 Community Development Block Grant Lula Butler, Director, Community Improvement Department Elizabeth Alpert, Administrator, Community Development Division City of Delray Beach Community Improvement Department Community Development Division 100 NW 1~+Avenue Delray Beach, Florida 33444 (561}243.7280 2008-07 Consolidated Annual Performance and Evaluation RepoA October 1, 2006 -September 30, 2007 City of Delray Beach Community Development Block Grant (CDBG) TABLE OF CONTENTS I. Introduction .............................:..................................................... II. Assessment of Actions Taken to meet Three- to Five- Year High Priority Goals and Objectives .................................................. III. Affirmatively Furttlering Fair Housing .............................................. IV. Analysis of Impediments ................................................................ V. Affordable Housing ..................................................................... VI. Continuum of Care Narrative .......................................................... VII. Other Actions ............................................................................... VIII. Leveraging Resources ...................................................................... IX. Citizen Comments .............................................:........................... X. Self-Evaluation .............................................................................. XI. Additional (Narrative Statement) Issues ............................................. a. Use of CDBG Funds in Relationship to Consolidated Plan............ b. Efforts in Carrying out Planned Activities ................................. c. Benefiting the National Objectives ............................................. d. Activities Involving Occupied Real Properly ............................... e. Economic Development Activities Undertaken ............................. XII. Public Participation /Additional Requirements .................................... XIII. Attachments a. Advertisement -Notice of Availability of CAPER b. Table 1. Measurable Targets vs. Accomplishments in Housing c. Map of CDBG Target Area d. IDIS Generated Reports 2 2-4 4 4-6 6-8 8-9 9-14 14 14 14 15-16 15 15 15 16 16 16 t 2006-07 Consolidated Mnual Performance and Evaluation Report October 1, 2006 -September 30, 2007 INTRODUCTION In 2005, the 2005-2010 Consolidated Plan was written and approved by City Commission. The Plan outlines strategies to achieve decent housing, suitable living environments, and expanding economic opportunities primarily for the benefit of low- and moderate-income persons. The Consolidated Plan is updated every year through an Annual Action Plan, detailing the activities to be undertaken and resources to be used to achieve the goals and objectives of the 5-Year Plan each year. The Consolidated Annual Performance and Evaluation Report (CAPER) reports on the accomplishments of each Annual Action Plan. It provides a concise reference to compare anticipated work with actual performance. The Fiscal Year 2006-2007 (October 1, 2006 through September 30, 2007) CAPER will be the second of this Consolidated Plan. The Community Development Division considers this report to demonstrate the City's significant progress in achieving community goals and objectives collectively identified in the Consolidated Plan. In addition to summary descriptions of each funded activity, the CAPER includes maps, brief narratives highlighting other aspects of the CDBG program and required Integrated Disbursement and Information System (IDIS) reports. This Report was made available for a fifteen (15) day public review and comment period beginning November 30 through December 18, 2007. Copies were placed at the Delray Beach Public Library, City of Delray Beach Neighborhood Resource Center and the Department of Community improvement, Neighborhood Services Division offices, located a1100 NW 1~ Avenue, Delray Beach, FL 33444. The plan was also made available online at www.mvdelravbeach.com for the first time to date. II. ASSESSMENT OF ACTIONS TAKEN TO MEET THREE- TO FIVE- YEARHIGH PRIORITY GOALS AND OBJECTIVES To achieve the goals set for neighborhood revitalization direct benefit in the form of housing and various other identified needs, the City made funding available from the Community Development Block Grant (CDBG) Program ($597,467) State Housing Initiatives Partnership (SHIP) Program ($590,567), Hurricane Housing Recovery Program ($203,520} City funded Neighborhood Housing "Bootstrap" Program ($47,800), Children Service Council (CSC) Grant ($911,762), and the Community Redevelopment Agency's West Settler's Historic District Rehabilitation Program ($ 97,690). A total of $2,401,006 was made available to provide community identified priority needs benefiting very low, low and moderate-income residents during the 2006-2007 Fiscal Year. During this second year of the Five Year Consolidated Plan, the City of Delray Beach pursued efforts to stabilize unfavorable conditions and revitalize neighborhoods throughout the Community Development Block Grant (CDBG) Target Area in order to improve quality of I'rfe for our citizens. The City of Delray Beach has continued its efforts to support neighborhood associations, beautification, street and infrastructure improvements and development of the downtown area. As a direct result of the City's on-going comprehensive rehabilitation and homebuyers programs, property values have continued to increase and the goal of stimulating the housing market through private construction activity has been met. The Department of Community Improvement continues to provide concentrated code enforcement, investments in infrastructure, neighborhood improvements, opportunities for homeownership and housing rehabilitation through the various programs and investment strategies highlighted in this annual report. The City's capacity to increase innovative affordable homeownership activities has been enhanced considerably over the past year due to the successful launch of the Delray Beach Community Land Trust (CLT). 2006-07 Consolidated Annual Performance and Evaluation Report October 1, 2006 -September 30, 2007 In our continued efforts to assist low/mod-income households who suffered damages from 2005's Hurzicane Wilma, the City proactively searched for additional funding that could be used to assist in this area. In July 2006, the City applied for funding through Palm Beach County and Florida's Department of Community Affairs for special CDBG dollars which. became available through the 2005 Disaster Recovery Initiative (DRI). Through the DRI Program the City secured an additional $1,915,750. Of these funds, $990,500 vrill allow the Community Development Division to complete an additional 24 housing rehab projects over a two year period (06-08). In addition, $252,500 will be used to extend 2 roads (Mango Drive and SW 7r^ Avenue) to allow for the construction of additional affordable housing units through the CLT. $900,000 has been allocated to fund the demolition of Carver Estates (the City's sole public housing complex which was condemned after Hurzicane Wilma}. These projects will be discussed in greater detail later in this report. The City is pleased to report that it was successful in meeting the housing delivery goals established under its Annual Action Plan, assisting 24 housing units utilizing a combination of CDBG, SHIP and City General Fund dollars. Housing investment activities included existing owner-0ccupied housing rehabilitation, lead- based paint testing. and abatement, exterior improvements, and the first time homebuyer purchase assistance program. In accordance with the City's Five Year Consolidated Plan (Priority Needs Summary table), Owner- occupied housing rehabilitation household income ranges of 0-30%, 31-50°h and 51-80% of median for the area are given a "High Priority'. Housing accomplishments in accordance with these priorities are provided below. In terms of homeless needs, the Consolidated Plan table lists Outreach Assessment and Transitional Shelters for families and Permanent Supportive Housing for Persons vdth Special Needs as °High Priorities" as well. Accomplishments are provided in the Continuum of Care section of this report. During the reporting period, the Department also addressed the follov~ing "High Priorities" listed in the Consolidated Plan as "Priority Community Development Needs": Neighborhood facilities, Childcare Centers, Parks and/or Recreational Facilities, Sidewalk Improvements, Youth Services, Neighborhood Outreach, Crime Awareness, Fair Housing Counseling, subsidized Childcare Services and Code Enforcement (non-CDBG). Individual priority accomplishments are reflected below by funding source. CDBG funds provided direct monetary assistance for subsidized childcare services, enhancement of neighborhood services, housing counseling and emergency intervention programs, and fair housing education. In addition, five (5) demolitions were accomplished to eliminate spot blight within targeted neighborhoods, targeted area sidewalk installations were completed as well as making much need improvements to two public facilities, the Caring Kitchen and expansion of the Neighborhood Resource Center. All funded activities are considered to be "High Priorities" in accordance with the City's Five Year Consolidated Plan. Geoaraohic Distributicn of Funds All activities undertaken during the program year were carried out primarily in the Community Development Block Grant (CDBG) Target Area (see attached map) consisting of census tracts 65.02, 67, 68.01 and 68.02. 2000 Census income data reveals these census tracts are the areas of lowest per capita income, lowest median household income and lowest family income in the City. 2008-07 Consolidated Annual Performance and Evaluation Report October 1, 2008 -September 30, 2007 Census Tract 65.02 Census Tract 67 Census Tract 68.01 Census Tract 68.02 Total Tract Po . 2588 2305 6149 3437 Minori Po . 1897 2233 5586 3216 Minori Po . 73.30% 96.88% 90.84% 93.57% 2000 Census data also indicates Census tracts 65.02, 67, 68.02 and 68.02 have the highest concentration of minority populations. Overall, Delray Beach's minority population makes up 34% of the City's entire population, with the CDBG target area have a minority population of 89% III. AFFIRMATNELY FURTHERING FAIR HOUSING The City continually pursues diverse avenues in expanding its actions to affirmatively further fair housing. During this review period the City of Delray Beach continued to provide CDBG assistance to the Fair Housing Center of Greater Palm Beaches (FHC) Inc., anon-profit fair housing organization. Although FHC, Inc. does not have the authority to enforce fair housing regulations, the organization accomplishes its goals through public education seminars and the ability to initiate legal proceedings against housing providers accused of violating fair housing laws. The activities of FHC, Inc. are focused throughout Dade, Broward and Palm Beach Counties (including the City of Delray Beach). During this review period FHC, Inc. conducted a total of six (6) educational workshops/seminars as contracted. These workshops were provided for civic organizations, students at area schools, local realtors, and community based organizations. In addition, the City continued to utilize its in-house Rental inspector, who operates under the Code Enforcement Division. In addition to providing one-on-one landlord/property manager trainer sessions, referrals for conflict resolution services involving fair housing issues and formal mediations related to landlord-tenant law, -the Rental Inspector refers clients to FHC as part of the contracted services under its CDBG sub recipient agreement. N. ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE While the City of Delray Beach did not conduct a formal Analysis of Impediments (AI) during this rating period, funds have been budgeted for 2007-2008 to complete a formal review. The following outlines the impediments that have been identified during 06-07 and the actions that have been taken to address them: Imuediment 1: Lack of Public Education and Awareness Regarding Rights and Responsibilities under Federal, State and Local Fair Housing Laws Problem: During this rating period, few complaints of housing discrimination were reported in the City of Delray Beach. These results may indicate that Delray Beach does not have a considerable problem with fair housing rights violations or that citizens and those in the public and private housing industry do not have access to information conceming fair housing laws (subsequently not knowing when a violation has occurred andlor what options are available to them). Filing a housing discrimination complaint at the local, state and federal level may also be perceived as time tedious or time consuming, which may deter citizens from filing complaints. Citizens are often not engaged v~ith housing discrimination issues until it may affect them personally. 2006-07 Consolidated Annual Performance and Evaluation Report October 1, 2006 - September 30, 2007 Current Actions: • Funds were provided to Fair Housing Center of the Greater Palm Beaches, Inc., in support of fair housing outreach and education. During this rating period, six (6) Fair housing seminars designed to benefit all persons (particularly those normally subject to housing discrimination) where conducted at various venues throughout the City. • The City participates in local Housing Summits and Fairs hosted by professionals in the housing industry, realtors, and lending insfitutions to educate citizens on affordable housing options that are available to them. • The City promotes Fair Housing Month in April and provides a proclamation from the Mayor and City Commission during an April Commission meeting in an effort to boost citizen awareness of Fair Housing Issues. • Brochures, in English, Spanish, and Creole advertising the Fair Housing law and free legal advice concerning Fair Housing are placed in public locations such as City Hall's Community Development Division and the Delray Beach Neighborhood Resource Center. • Community Development Staff as well as the City's Rental Housing Inspector refer any and all complaints received to Fair Housing Center of the Greater Palm Beaches who work as advocates for Fair Housing and provide legal services td those in need., Future Actions: • The City will expand publicity of Fair Housing Month and possibly include complaint referral numbers in the City's water bill which reaches almost 21,000 households. • Training opportunities will be extended to City departments that may deal with Fair Housing issues, such as the Planning and Zoning Department. • Fair Housing information and complaint referral numbers will be prominently displayed in the Neighborhood Services section of the City's website. imoedlment 2: Limited Choice in Affordable Housing Due to Unit Availability Problem: A shortage of affordable rental units excludes or severely limits choices of housing. Mortgage lending requirements that focus on high down payments and excellent credit, act to black low-income and minority families from home ownership. Development costs and tax credit restrictions can exclude affordable housing entirely or limit it to certain areas. Current wages and economic characteristics coupled with the recent growth in housing costs in Palm Beach County have made it difficult for many of the working population to afford housing. In addition, many households are cost burdened, paying over 50% of their wages in rent or mortgage, and have incurred debt and credit issues just out of the necessity of having a place to live. Many low and very-low income citizens live in substandard wnditions, the most prominent of which is overcrowding. While County and City provide down payment assistance programs such as SHIP, qualified households an: still having difficulty finding affordable housing even with the assistance. Although low-income persons are not a protected class under the Fair Housing Act, it has become clear in the City of Delray Beach that housing costs restrict fair housing choice. Lack of affordable housing has a disparate impact on Delray Beach's fair housing protected classes whose members generally tend to have lower incomes. To address this situation, the City joined in a wllaborative effort with the Community 2008A7 Consolidated Annuat Performance and Evaluation Repoli October 1, 2006 -September 30, 2007 Redevelopment Agency and Delray Beach Housing Authority to design a solution to the affordability impediment. Current Actions: The Delray Beach Community Land Trust (CLT) was developed as a long term solution to eliminating barriers to affordability in housing by providing an affordable housing stock within the City in perpetuity. The CRA put forth more than $4,000,000 in funding to support the CLT during FY06-07. During FY05-06 the City and CRA combined transferred deeds on 19 lots over to the CLT to utilize as part of the affordable housing stock. In July of 2006, the City transitioned its First Time Homebuyer Program, which provided traditional down payment assistance, into aSub-recipient Partnership Program with the Community Land Trust for the purpose of creating even more affordable purchase prices. Under the Sub-recipient Housing Partnership Program, subsidy is awarded (based on occupants income eligibility) to the CLT to be applied towarcJs the principal reduction of construction costs of each eligible unit. This strategy enhances each unit's affordability by keeping the subsidy joined to the unit as opposed to the occupant. Buying down the cost of each unit reduces the sales price far the occupant and enhances the units affordability in perpetuity. In this partnership with the CLT, the City also agreed to provide gratis office space at its Neighborhood Resource Center. Affordable Housing lncenfive; The City also offers incentives for the development of affordable housing in the following ways: • Permits as defined in s. 163.3164(7) and {8) for affordable housing projects are expedited to a greater degree than other projects. The City has in place a "One Stop Shop" permitting process for a coordinated review and approval of all developmental applications submitted through the Building Division. The system features a fully automated application tracking software package that provides the opportunity to readily idenfify delays in review time from various departments within the permit process. Applications submitted for affordable housing projects will receive a label marking it as such and prioritized for review. Applications received are processed by designated persons under the approved expedited permitting process developed for this program. • The City continues to implement and update its FamilyM/orkforce Housing Ordinance, prgviding regulations and incentives that encourage developers to build affordable units along v~ith market rate units. Mortgage Availabiliiv: Homebuyer purchase assistance is made available in partnership with the Community Land Trust through SHIP program which provides pre-0wnership counseling, down payment and closing cost assistance. The Delray Beach Community Land Trust (CLT) works closely v~ith local banks ib ensure that loans provided for purchase of CLT homes follow strict lender guidelines prohibiting unreasonable charges and fees. All loans made in conjunction with CLT homes and SHIP funds are considered Institutional First Mortgage Lenders, 30 year fixed conventional mortgages. Interest rates do not exceed two points above Freddie Mac net 30 day rate. • Up to $75,000 in subsidy is available to each household based on individual need. 2008-07 Consolidated Annual Performance and Evaluation Report October 1, 2006 -September 30, 2007 V. AFFORDABLE HOUSING ACTIONS Eliminating barriers to affordability is a primary objective of the Community Land Trust programs and grants for housing rehabilitation. During this review period, the City continued to promote affordable housing through its Community Development Division. Various resources (as described throughout this report) are utilized to maintain and expand the City's inventory of affordable units. The Five-Year Consolidated Plan determined that all three household income categories are prioritized as follows: "Very Low" 0-30%, °Low" 31-50%, "Moderate", 51-80% during this review period, priority housing needs were addressed as follows: A, Existing Owner-Occupied Housing Units Priority # 1: Extremety Low Income (0-30°k ELI) and Very Low-Income (3150% VLI) Existing Homeowners and First•T'ime Homebuyers; and Low•Income (51.80°~ LI) First-Time Homebuyers: Community Develoament Block Grant (CDBG) Nine (g) owner-occupied units were completed {full rehab and emergency repair) with a total of $316,532 CDBG funds, providing housing rehabilitation at average of approximately $35,000 per unit. Of the households assisted 4 were in the Extremely Low income Category, 4 Very-Low and 1 Low. All of the households assisted are classified as Black, non-Hispanic. Additional units are currently underway. Priority # 2: Very Low Income (0-50% MFI) and Low•Income (51-80% MFI) Existing Homeowners and First•Time Homebuyers; and Moderate-Income (81.100% MFI) First-Time Homebuyers: Ten (10) owner-occupied units were completed (full rehabilitation) with a total of $251,588 SHIP Program funding, providing housing rehabilitation at an average of $25,000 per unit. 5 of the assisted households were within the very low-income category while the additional 5 were within the low-income category. All of the households assisted are classified as Black, non-Hispanic. Additional units are currently underway. State Housing Initiatives Parfnershia (SHIP) DisasterAssistance Proarram ffor owner-occuaied units Payment of insurance deductibles and cost of non-insured repaired were completed far 3 owner- occupied units with a total of $23,100. The maximum award allowed under the City's disaster assistance strategy is $15,000. 1 of the assisted household was within the very-low income category, 1 was within the low-income category and 1 was classified as moderate-income. All 3 units were classified as Caucasian. GllyOrDelBVlfeaCnlwBl4nDOrrr000IYOUSIrIS7Yr091am-JU-a[e5r~c rasrt crams The City allocated $250,000 toward its Strategic Task Team initiative which developed Neighborhood Action Plans for three neighborhoods. These plans were created with a goal to reverse any current deterioration and stabilize each neighborhood with the infusion of public funds to support enhancements. Plans were designed to add a direct benefit to the community and provide aesthetic improvements. These improvements in tum aim to increase property values and improve public safety. 2006-07 Consolidated Annual Perronnance and Evaluation Report October t, 2006 -September 30, 2007 City of Delray Beach Neighborhood Housing Program -Bootstrap Rehabilitation Program (for owner-occupied rehab111tatfonl Three {3) owner-occupied units were completed (exterior improvements) with a total of $18,010 in City funded Bootstrap Program dollars, providing improvements at approximately $8,500 per unit. One (1) of the assisted households was within the low-income category. One (1) of the assisted households was within the moderate-income category. Both of the households assisted are classified as Black, non-Hispanic. A total of 3 units were completed during the reporting period under this program. B. First-time Homebuyer Program -Delray Beach Community Land Trust Priority # 1: Very Low Income (0.50% MFI) and Low-Income (51-80°k MFI) Existing Homeowners and First•Time Homebuyers; and Moderate•Income (80.120% MFI) First-Time Homebuyers. During FY06-07, the City expanded ifs moderate income category to include up to 120% of the median income, as allowable under the SHIP program. Maximum subsidy available to assist eligible homebuyers is $75,000 under this program. Under the current Sub-recipient Housing Partnership Program, subsidy is awarded (based on occupants income eligibility) to the CLT to be applied towards the principal reduction of construction costs of CLT units. This strategy enhances each unit's affordability by keeping the subsidy joined to the unit as opposed to the occupant. Buying down the cost of each unit reduces the sales price for the occupant and enhances the unit's affordability in perpetuity. During FY06-07 $482,433 in SHIP subsidy was expended toward the CLT Sub-Recipient Housing Partnership for First Time Homebuyers. Assistance was provided for a total of ten (10) households. Two (2) households are classified as very low income, black, non-Hispanic, five (5) households are classed as low-income, black, non-Hispanic, and three (3) households are classified as moderate-income, black, non-Hispanic. In addition, the City contnued to implement its Family Workforce Housing Ordinance which was adopted in November 2004. The Ordinance provides regulations and incentives to encourage developers to build housing within the City's CDBG target area; and includes and preserves the FamilylWorkforce housing along with market rate housing. Performance criteria contained in the Ordinance controls the proportions of workforce housing to market rate housing in terms of bedroom sizes, for sale and for rent, and housing product types, as well as in other ways that would promote development of workforce housing units. Covenants and restrictions apply to both for sale and for rent workforce housing to ensure sustained affordability for a longer term. The intention of this pclicy is to make affordable and diverse housing opportunities available throughout the City. VI. CONTINUUM OF CARE NARRATIVE During this reporting period, CDBG funds were allocated to the Urban League of Palm Beach County for purposes of providing credit counseling, emergency intervention programs and referral services (many of which prevent further occurrences of homelessness). These services are provided to very low and low-income families and are designed to intervene and educate in an effort to prevent further 2006-07 Consolitlated Annual Parforrnance and Evaluation Report October 1, 2006 -September 30, 2007 incidences of homelessness. During this time, the Urban League's South County Office provided these services to approximately 65 eligible persons within the City of Delray Beach. The Palm Beach County Continuum of Care is the county-wide strategy (inclusive of Delray Beach) for meeting the needs of individuals and families who are homeless or at risk of becoming homeless. Under the sponsorship of the Homeless Coalition of Palm Beach County, Inc., and in concert with Palm Beach County govemment, together with dedicated representatives of local govemment, business, homeless provider agencies, formerly homeless persons, advocates, and other interested participants, regular meetings of the Service Provider Network are conducted to provide a forum for information sharing and for discussion of issues relating to homelessness and service to the homeless. Additionally, the Homeless Assessment Center (which encompasses service to the City of Delray Beach) provides immediate assistance to the chronically homeless identified through referral sources such as law enforcement, faith based organizations, criminal justice system and concerned citizens. The PBC Continuum of Care Collaborative coordinated the mini-application process to select the agencies that would apply directly to HUD for funding. The agencies contracted directly with HUD and funds were disbursed in support of transitional housing and support services for homeless individuals and families on a countywide basis to assist the homeless in their transition from homelessness to self- sufficiency. In addition, during this rating period, the City utilized CDBG funding to make much needed improvements to an important public facility, the Caring Kitchen, located at 196 NW 8"~ Avenue. The Caring Kitchen is a hot meal program which serves Delray Beach's most severely low-income families and homeless population. In addition to its hot meal program, the Kitchen offers services such as job search assistance and referrals to human sertice agencies with the overall mission of assisting individuals in moving toward self-sufficiency. While the physical structure is owned by the American Legion Hall and leased to the Caring Kitchen, the properly itself is owned by the City. The roof of the building was in severe disrepair was in need of replacement. VII. OTHER ACTIONS Actions undertaken to address obstacles to meeting underserved needs and to foster and maintain affordable housing include implementation techniques, providing density bonus points and development fee waivers. Actions M Overcome Gass in Instituttional Sfrucdoe During FY06-07, the City expanded upon the much needed social services offered through the Neighborhood Resource Center (NRC). The Neighborhood Resource Center's mission is to enrich the quality of life of City residents and promote a sense of community through the delivery and connection of services that educate, develop financial management skills, and promote productive lifestyles. The NRC serves as office space for organizations and agencies such as the Community Land Trust, United Way Prosperity Campaign, Families First, Coalition for Community Renewal (formerly Weed & Seed), CROS Ministries/ Caring Kitchen, as well as a 2 City funded positions including a Staff Assistant and Neighborhood Planner. 2006-07 Consolidated Annual Performance and Evaluation Report October 1, 2006 -September 30, 2007 During FY06-07, $30,876.50 in CDBG funding was utilized to expand the NRC. Working in partnership with the CRA who purchased a single family home adjacent to the NRC property, CDBG funds were used to renovate the building, providing an additional five private offices for CLT staff as well as a small kitchen and communal area. The City expended approximately $25,000 to provide furniture, six Dell computers, printers and office supplies for staff. The City also provides a $750 annual allocation for office supplies as well as a copy machine lease and complete phone system. Services provided on-site at the recently expanded NRC include: Community Land Trust • Sales office for purchase of CLT single family homes, town homes and condominiums Homebuyer education and CLT workshops • Access to SHIP subsidy dollars Neighborhood Services • Information Clearing House • Maps & Databases of Neighborhood Associations • Neighborhood Resouroe Library • Technical Assistance to Grass Root Organizations • Meeting Space • Mailing Labels, Creating & Distributing Notices Volunteer/ Civic Engagement • Mentoring Programs • Technical Assistance to community-based organizations engaging residents and sustaining involvement • Workshops and training including classes such as: o Neighborhood Pride Grantworkshop o Making City Hall Work for You o How to be a President or Chairperson o Neighborhood Crime Watch o Nutrition and Wellness Families First • Family Self Sufficiency and support services • Parenting Skills United Wav Prosoerity CamualAn • Career path assessment • Educational/vocational training & planning • Admissions & financial aid counseling • Support services {placement testing, remediation, tutoring, mentoring, etc.) • Soft Skiils training • Money Management • Financial Literacy • Credit Counseling & Financial Literacy • Credit Repair • IDA savings account ($2 to $1 match) 10 2006-07 Consolidated Annual Performance and Evaluation Report October 1, 2006 -September 30, 2007 Assistance gaining access to programs such as o Food Stamps o Medicaid o TANF o LIHEAP o KidCare o Child Care Subsidy o EITC and other Tax Credits o Silver Saver Prescription Benefits Coalition for Community Renewal Referral services to ex-offender re-entry program servicing the CDBG target area CROS Ministries/ Carina Kitchen • Immediate needs assistance such as: o Food or food vouchers o Prescriptions o Access to clothing/ hygiene products o Assistance in accessing medical treatment, doctors appointments o Assistance in accessing SSA, WFA, etc. • Non-emergency needs assistance such as: o Assistance in accessing various public services o Greyhound tickets/ travel ', o Declaration of Domicile o Obtaining identification cards Actions to Enhance Coordination The City of Delray Beach has a number of successful groups and committees that currently work together to provide an effective delivery system for affordable housing production and services throughout the City. A variety of organizations, including local housing organizations such as the Delray Beach Housing Authority, the Delray Beach Community Redevelopment Agency and the City wllaborate regularly to try and serve as wide a range of persons as possible throughout the City. Among the current initiatives underway include a redevelopment plan for the City's public housing complex (Carver Estates) which was condemned after Hurricane Wilma, the West Settlers Historic District Revitalization, and the Mayor's Relationships between Authorities, Citizens & Experts (RACE) Initiative. Actions to Improve Public Housing The Delray Beach Housing Authority's Carver Estates Public Housing Project is the only public housing located in the jurisdiction of Delray Beach. The project is within the southwest section of the designated CDBG target area and is in census tract 68.01. Carver Estates is adjacent to Aubum Trace, an affordable rental complex consisting of 256 units developed under the Urban Development Action Grant (UDAG) with the area designated as a "pocket of poverty." Carver Estates was built in the early 1970's and although maintained by the Authority with its limited resources, the buildings deteriorated over time. The Housing Authority applied for funding under the HOPE VI federally funded program to provide homeownership opportunities, rental assistance, job placement and other social service needs to prepare residents for occupying the new development. 11 2006-07 Consolidated Annual Performance and Evaluation Report October 1, 2006 -September 30, 2007 Damages from Hurricane Wilma were so significant the entire complex was declared as °unsafe for occupancy' by the City's Chief Building Official. The buildings are currently vacant and dilapidated. The City, on behalf of the Housing Authority, applied for CDBG funding through the Disaster Recovery Initiative to demolish the entire complex. The City secured $900,000 in funding to demolish the Carver Estates Public Housing Project eliminating a severe slum and blighted condition occurring on the site. The demolition of the structures will address the health issues related to rodents, odor and significant mold infestation now appearing within the units. The use of these funds will also eliminate opportunities for criminal activity that are occurring on the site and affecting the quality of life in this neighborhood. Once demolished, the Authority will move forward with conceptual plans for redeveloping the 3-acre site. Actions to ReAlace Affordable Rental Units During FY2045-2006, the City secured $1,000,000 Hurricane Housing Recovery (HHR) Program funds. The HHR program was created for the purpose of providing funds to assist those areas of the state with the greatest housing damage from Hurricane Wilma. The Florida Legislatun; appropriated one- time hurricane housing recovery funds which are administered by the Florida Housing Finance Corporation (FHFC). Staff has collaborated with the Community Redevelopment Agency and the Delray Beach Housing Authority to develop strategies and to leverage dollars and resources to identify projects that will best serve the housing needs of the very low-, low- and moderate-income households. In response to the loss of Carver Estates, the City created a Rental Housing Development strategy in its HHRP Local Housing Assistance Plan. Under this strategy, the City partnered with the CRA to rehabilitate two separate buildings within the CDBG Target Area for the purpose of creating twenty three (23) affordable rental units. The CRA. purchased the historic La France Hotel located on NW 4~ Avenue as well as parcel of adjacent land for $475,764.60. In addition the City's HHR investment of $500,000, the CRA spent $2,336,790 toward the rehab and construction of additional units. The second building, 133 NW 5~ Avenue, was purchased by the CRA for $1,225,000. While the Ciiy allocated a total of $500,004 in HHR funding toward this project, during FY06-07 $203,520 of these funds were expended on rehabilitation of units. The CRA contributed a total of $168,647.46 to the rehabilitation of these units. To date, 18 of the 23 units are completed, and the remaining units are expected to be completed by early 2008 Actions to Improve Residentlnittatives As described above, the City of Delray Beach provides general revenue dollars in support of the local Bootstrap Rehabilitation Program. However, general revenue funding is provided annually in support of other Neighborhood Housing Program initiatives as well. Funds are provided for outreach and education initiatives as well as development of existing and new neighborhood, community and homeowner associations throughout the City of Delray Beach. Under the Neighbofiood Housing Program, funding is also provided in support of neighborhood clean-up campaigns, our local adopt-a- streetand adopt-a-tree programs, as well as numerous other events and activities. During this rating period, the City introduced a brand new initiative funded under CDBG. The Neighborhood Pride Grants Enhancement Program awards grants up to $6,000 to neighborhood associations or organizations for projects that will enhance their neighborhood and create a more pleasant place to live, work and play. Participating neighborhoods must be located vrithin the established CDBG Target Area. Projects should be designed to improve the community and nurture relationships amongst neighbors. The program is an incentive for neighborhood groups to become 12 2006-07 Consolidated Annual Performance and Evaluation Report October 1, 2006 -September 30, 2(x17 active partners in upgrading their neighborhood. The overall goal of the program is to eliminate blighted and substandard conditions, remove litter and improve the quality of life within the neighborhood. Projects that will be considered must demonstrate the ability to enhance the overall appearance and "livability" of a neighborhood, meeting one of the three national objectives of the CDBG program. In addition, the City completed its fourth year as a parfier with the Achievement Centers for Children and Families to provide much needed services to families residing in the CDBG target area. Under a grant from the Children Service Council (CSC) of Palm Beach County, the City partners with the non- profit agency to implement the highly successful "Beacon Center" model providing comprehensive wrap around services to the students and their families at the Village Academy Elementary School. This school is located in the core part of the CDBG target area and ninety-eight percent of the student population qualifies for free lunch under the Federal designation of poverty. Nine hundred and eleven (911) children were served during this rating period. LearNBased Paint Naurd Reduction The City implements its housing related activities in a manner which assesses lead-based paint risk for traditional target population (i.e., at risk children under 7 years of age). When providing assistance under its housing programs, the City continues to provide all clients and potential clients with the °Lead- Based Paint" pamphlet that describes hazards of lead-based paint. The City's Housing Rehabilitation Specialist has been designated a certified Lead lnspecfor and the City utilizes the services of a certified lead-based paint professional to conduct lead inspections and risk assessments. In addition, the City created an awareness of and promoted to local contractors the "Lead-Safe Work Habits" training. Program Comaliance and Planning Requirements The City monitors Plan implementation through constructive record-keeping of project execution details, on-site inspections and maintaining close functional links with service providers, economic organizations, neighborhood groups and target beneficiaries.. Staff involvement in housing and community development organizations and their activities provide the Staff v~ith valuable insight into the evolving needs of low- and moderate-income persons. Focus groups and citizen meetings, conducted as part of developing the Five-Year Consolidated Plan, provided opportunities to share information and hear about issues important to neighborhood groups and community agencies. Details on CDBG programs, neighborhood organizations, and other public information is maintained on the City's website at www.mydelraybeach.com Anti-Poverty Measures In addition to the City's holistic approach to community development (as described throughout this document), it also takes amulti-faceted approach toward reducing the number of households with income below the poverty level. The first approach is to provide safe and affordable housing for very low-, low- and moderate-income households. Specific activities include owner rehabilitation, emergency repair, homeownership, code enforcement, demolition/clearance, support services (including fair housing and housing counseling services), working with affordable housing providers, assisting non-profit and for-profit developers to initiate new construction activities, and working with at- riskhomeless and "special needs" providers. The second approach is to establish healthy neighborhoods through balanced, diverse development of public facilities, infrastructure, housing, commercial, recreational and safety activities. 13 2006-07 Consolidated Annual Performance and Evaluation Report October 1, 2006 -September 30, 2007 Economic development represents the third facet of the city's approach to anti-poverty. Economic development efforts will be expanded by retaining and expanding employment and business opportunities for city residents. Specific activities include job creation for target area residents, promoting downtown revitalization, supporting non-profit housing partner in its small business incubator program, and promoting neighborhood revitalization through commercial redevelopment. VIII. LEVERAGING RESOURCES The City of Delray Beach was very successful in leveraging CDBG funds with other public and private resources. The City's successful housing programs have enabled the direct leveraging of substantial match dollars in the form of first mortgages through private lending institutions, Palm Beach County Government, US HUD, and other local funding providers. Also, Public Service agencies are encouraged to seek other funding sources for the purpose of leveraging CDBG dollars. IX. CITIZEN COMMENTS As required in accordance with the Consolidated Plan regulations, afifteen-day public review and comment period was given to the City's citizens and other interested persons prior to the submittal of this report to the US HUD field office. A copy of the advertisement requesting review and comments relating to the document is attached to this report. X. SELF-EVALUATION During the FY 2006-2007 reporting period the City of Delray Beach continued to make progress toward meeting identified community needs and priorities. The City successfully accomplished numerous housing rehabilitations, improvements to public facilities, installation of sidewalks, public service activities and units of service, and other community development initiatives. CDBG, SHIP and other local dollars were allocated toward a diversity of eligible activities in support of the City's holistic approach to providing affordable housing, a suitable living environment and expanded economic opportunities for our residents. Investment by area builders as well as non-subsidized homebuyers has continued to compliment the City's redevelopment efforts during this time. Active code enforcement, citizen patrols, drug prevention programming, installation of sidewalks, park and facilities improvements, comprehensive housing rehabilitation and the provision of targeted social services have all continued to assist with the improvement of living conditions and increased property values throughout the CDBG Target Area. By targeting our efforts geographically and allocating CDBG dollars toward "High Priority" concemslissues identified in the 2005-2010 Consolidated Plan, the City made tremendous progress in meeting the program objectives and identfied priorities. The City's on-going collaborative efforts with other public and private entities and increased public participation throughout the years helped to keep the City "fluid" in idenfrfying new resources and avenues to meet the identified needs. The City has successfully utilized CDBG dollars to address needs identfied in the Consolidated Plan. This is supported by the outcomes reported under each separate activity identified throughout this report and in the attached IDIS reports. In addition, the City utilized the CPMP Tool for the submissicn 14 2006-07 Consolidated Annual Performance and Evaluation Report October 1, 2008 -September 30, 2007 of its 2007-2008 Annual Action Plan which will assist in reporting future productivity and program impact. During this rating period the City satisfied the statutory test for timely expenditure of funds. XI. CDBG NARRATIVE STATEMENT a. Use of CDBG Funds in Relafionshin to Consolidated Plan As described throughout this report, the City has been extremely successful in addressing local needs identified at the community level. During this reporting period alone, the Department again addressed the following "High Priorities", listed in the Consolidated Plan as "Priority Community Development Needs":.owner-occupied housing rehabilitation, homeless and non- homeless with special needs issues, neighborhood facilities, childcare centers, parks/and/or recreational facilities, youth and adult services, crime awareness, fair housing counseling, subsidized childcare services, and targeted code enforcement. This report in various sections provide individual priority accomplishments, particularly when discussing affordable housing preservation and development. 100% of all CDBG funds expended during the 2008-2007 Program Year served to meet the National Objective of benefiting low and moderate-income persons (24CFR 570.208a). During this reporting period CDBG funds were also allocated to the follovng private non-profit organizations in support of eligible public service activities. Community Child Care Center The Center provides pre-school education and family services to very low- and low-income children (100% Title IV-A), individuals under Protective Services custody, parents enrolled in work training programs, and low-income teen parents. During this reporting period CDBG funds in the amount of $75,000 were provided to the agency in support of programming efforts. A total of 911 unduplicated children received the direct benefits of this progremming effort. Of the 911 served, 39 were classified as White-Hispanic and 815 were classified as Black, non- Hispanic, 56 were identified as Multi-racial. Urban Leaoue of Palm Beach County. Inc. The South County Office of the Urban League provides services to very low and low-income residents of Delray Beach. The services (housing counseling and Emergency Intervention Programs) are designed to intervene for and educate residents regarding issues of homelessness and to prevent further incidences of homelessness. During this reporting period, CDBG funds in the amount of $8,620 were provided to the agency in support of the partial salary of one service delivery position. A total of 65 persons received the direct benefits of this programming effort. Of the 91 persons served, 31 were classified as White/Hispanic, 34 were classified as Black, non-Hispanic, and 4 black, Hispanic-origin. Zero (0) were female head- of-households. b. Efforts in Carrvina Out Planned Actions All projects and activities included in the approved Annual Action Plan for this reporting period (2005-2006) have either been completed or are underway. Funds from previous program years were also expended during this time and are reflected in the 1DIS generated reports. c. Benefrfrna the National Objectives 15 2008-07 Consolidated Annual Performance and Evaluation Report October 1, 2008 -September 30, 2007 All projects/activities funded under the City's CDBG formula entitlement during this reporting period met the National Objective criferia. All funded activities met the National Objective of Benefiting Low and Moderate-Income Persons. The grantee met and exceeded the overall benefit certification requirements (of 70°h). d. Activities Invohdno Occupied Real Properfy As provided in various sections of this report, CDBG funds were utilized during this period for numerous rehabilitation activities. However, none of the activities required relocation as a result of displacement. e. Economic Development Activities Undertaken and Other Issues During this program year, $30,000 in CDBG funds was provided to The Center for Technology, Enterprise and Development (T.E.D. Center) to provide business incubator services and technical assistance to eligible businesses. The CRA partnered with the City and provided an additional $60,000 in funding. XII. PUBLIC PARTICIPATION I ADDITIONAL REQUIREMENTS In accordance with the Consolidated Plan regulations, this report was made available to the public for examination and comment from November 30, 2007 through December 14, 2007, No public comments had been received prior to submission of the Report to the HUD Field Office December _, 2007. Any comments received after submission will be sent as an addendum to the CAPER. Please see attached newspaper advertisement published locally. The completed CAPER (performance report) is also available for examination by the public upon request, XIII. ATTACHMENTS Advertisement -Notice of Availability of CAPER Table 1. Measurable Targets vs. Accomplishments in Housing Map of CDBG Target Area IDIS generated reports 16 2006-07 Consolidated Annual Performance and Evaluation Report October 1, 2006 -September 30, 2007 Table 1. Measurable Targets vs. Accomplishments in Housing Activities Percent 2006-2007 2006-2007 Accomplishment Pro'ect Ta ets Accom lishments 2006-2007 Owner-0ccupied Rehabilitation 7-CDBG 9-CDBG 128% 10-SHIP 9SHIP 90% Emergency Re airs 0 0 - First-time Homebu ers 12 12 100 % Housing Demolition 2 5 250 °h Bootstra 0 0 0 °k SHIP Disaster 0 3 - Assistance Table 2. Measurabie Targets vs. Accomplishments in Social Service & Economic Development Activities Percent 2006-2007 2006-2007 Accomplishment Pro'ect Ta ets Accdm lishments 2006-2007 Community Child 725 Persons 911 Persons 126 °~ Care Center Urban Lea ue 150 Persons 65 Persons 43 °% Fair-Housing Center 80 Persons 83 Persons 102 % Businesses - Assisted 0 1 Business Overall, the City has exceeded the 2006-07 goals. ~~ 0 N N v i' 0 Z T v' N r= 3 2 t m u ~• g >a V m 0 `< U' O a CITY OF DELRAY BEACH COMMUNITY IMPROVEMENT DEPARTMENT NEIGHBORHOOD SERVICES DIVISION On November 30, 2007, the City of Delray Beach Neighbofiood Services Division will make available for public review and comment, the City of Delray Beach Annual Performance and Evaluation Report (CAPER) for FY 2006-2007. This document highlights the annual perfor• mance of the Gity's Community Development programs with respect to the overall Five-Year Consolidated Plan priorities and objectives for the' local housing and community develop- mentrelated programs. Citizens, public agencies, and other interested parties are invited to submit written comments regarding the CAPER on or before December 18, 2007 to: The City of Delray Beach Neighborhood Services Division, Attn: Elizabeth AIpeR, N.S. Admtnistrato?,100 NW 1sf Avenue, Delray Beach, Florida 33444; {561) 243.7280. Copies of the GAPER are available for review at the location stated above, Monday through Friday, from 8:00 a,m. to 5:00 p.m., online tl~rough the City's website at www.mydelraybeach.com, the Delray Beach Public Library, 100 West Atlantic Avenue; Delray Beach, Forida 33444, Monday through Wednesday from 9:00 a.m. to 8:00 p.m. and Thursday throggh Saturday, from 9:00 a.m. to 5:00 p.m. and the Neighborhood Resource Center, 141 SW 12th Avenue, Delray Beach, Florida 33444 Monday through Friday from 8:00 a.m. to 5:00 p.m. Publish: Thursday, November 29, 2007 Boca RatoniDelray Beach News N -~- an aF oEU~r eEaa, FL vuNwNO a zaw+c oEruenEr+r COMMUNITY DEVELOPMENT BLOCK GRANT TARGET AREA -- OKATAL 61SE LIIP SYS/EV -- AuP REF: W768 MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Community Improvement Director Elizabeth Alpert, Neighborhoo~d~~S/ervices Administrator THROUGH: David Hazden, City Manager U/"" DATE: December 5, 2007 SUBJECT: AGENDA ITEM -REGULAR COMMISSION MEETING OF DECEMBER 11 2007 HOUSIN_ G REHABILITATION GRANT AWARD ITEM BEFORE COMMISSION Approval is requested for one (1) Housing Rehabilitation grant award to the lowest responsive bidder for 313 NW 40i Avenue. Approval is also requested for a waiver to the Neighborhood Services Division's approved Policies and Procedures that limits bid awazd to be within 10% of the in-house estimate. The grant awards aze based on the actual cost of the rehabilitation, asdetermined by the low responsive bidder(s), plus a 5% contingency. The contingency may be used for change orders and all unused funds will remain with the Housing Rehabilitation grant program. Inspection of work is done by the Department of Community Improvement's Building Inspection and Neighborhood Services Division. Contracts aze executed between the building contractor and the property owner. The City remains the agent and this office monitors all work performed by the contractor, ensuring compliance according to specifications and program guidelines. Pay request forms require both contractor and homeowner's signatures. Grant recipients have met all eligibility requirements as specified in the approved Policies and Procedures. The rehabilitation activities will bring the homes to minimum code requirements by repairing the roof, electric and plumbing systems and correcting other incipient code violations. Detailed work write-ups and individual case files are available for review in the Neighborhood Services Division Office. The Neighborhood Services Division is responsible for ensuring that the housing rehabilitation contracts aze awazded to the lowest responsive bidder, as a result of a formal bid process. Therefore, an in-house policy was created to limit awazds to the lowest responsive bidder as it relates to the Division's professional in-house estimate. This serves to disqualify unreasonably low bids and therefore protect against the resulting change order requests. This policy further assists the Division with its goals of completing each rehabilitation activity utilizing the estimated amount of funding required. In addition, 8.~i the in-house policy allows the City to awazd rehabilitation contracts to another responsive bidder in the event that the lowest responsive bidder's performance on the current job is proceeding unsatisfactorily and/or the contractor has more than three (3) open projects at any given time. In this case, the low bid was not within 10% of the in-house estimate; however, the in-house estimate for hurricane shutters and kitchen cabinets was above the norm. FUNDING SOURCE Community Development Block Grant 1 ] 8-1963-554-49.19 RECOMMENDATION Staff recommends awazding the bid for one (1) Housing Rehabilitation project to the verified responsible low bidder, Master Contractors, Inc. for a total awazd of $21,614.25 and waiving the requirement for the bid awazd to be within 10% of the in-house estimate. CITY OF DELRAY BEACH NEIGHBORHOOD SERVICES DIVISION HOUSING REHABILITATION PROGRAM BID INFORMATION SHEET BID #: APPLICANT: PROJECT ADDRESS: DATE OF BID LETTERS: DATE OF BID OPENING: GENERAL CONTRACTORS 2008-15 Mary Wright 313 NW 4th Avenue November 15, 2007 December 3, 2007 BID AMOUNT BID BOND Brian E. Rega, Inc. Brigcen Consulting Services Cordoba Consfnx:tion Co., Inc. Craftsman Plus,lnc. DMD Constnxxdion Group, Inc. East Coast Reatorotbn FleiMrer's, Inc. Gadsden Property Inveslmerd, Inc. Haywood ConsWction I.Q. Constructions, Inc. Janes Constructbn & Devebpment, LLC. M 8 A Builders, LLC. Master Contractors, Inc. Mona Construction Corp. Predsion Constucton Group, Inc. Ray Graeve & Sons Construction, LLC South Fbrida Consbuction Services, Inc. StarMark Properties, Inc. Sce BerM Builders Cohstruction, Inc. M-House Estimate: CONTRACTOR AWARDED CONTRACT: BID/CONTRACT AMOUNT 5°k Contingency FUNDING SOURCE: Account # Master Contractors, Inc. $20,585.00 $ 1,029.25 ~~ $21,614.25 11&1963-55449.19 "s COMMENTS: Awarded to kw+est responsive bidder. S2g,309.84 MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Bulter, Community Improvement Director Elizabeth Alpert, Neighborhood Services Adminsitrator THROUGH: David Harden, City Manager ~1/~ DATE: December 5, 2007 SUBJECT: AGENDA ITEM -REGULAR COMMISSION MEETING OF DECEMBER 11.2007 COMMUNITY DEVELOPMENT BLOCK GRANT SUB_RECIPIENT FUNDING AGREEMENT WITH URBAN LEAGUE OF PALM BEACH COUNTY ITEM BEFORE COMMISSION Approval is requested to execute an agreement to provide funding in the amount of $7,410 to the Urban League of Palm Beach County under the 2007-2008 Community Development Block Grant (CDBG) Program. BACKGROUND In accordance with 24 CFR 570.301, a Public Hearing was held before the City Commission on July 24, 2007, to obtain public comment on the proposed budget for the approval of the Community Development Block Grant Consolidated Action Plan for fiscal year 2007-2008. The Action Plan contains an appropriation for public service activity and was approved by the Commission. CDBG Program regulations at 24 CFR 570.503 require written agreements prior to the disbursement of funds to sub recipient organizations, specifying the work to be performed and reporting requirements, among other requirements and governing provisions. These agreements have been developed in accordance with the stated regulations and have been reviewed and approved by the City Attorney for legal sufficiency and form. ' Community Development Block Grant 118-1966-554-82.13 RECOMMENDATION Staff recommends approval and execution of the attached agreement in order that funding may proceed in accordance with the Commission approved Action Plan for fiscal year 2007-2008. 8. -~ FY 2007-2008 COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT between CITY OF DELRAY BEACH and URBAN LEAGUE OF PALM BEACH COUNTY INC. THIS AGREEMENT is entered into between the CITY OF DELRAY BEACH, a Florida municipal corporation, hereinafter referred to as "CITY," and URBAN LEAGUE OF PALM BEACH COUNTY, INC., hereinafter referred to as "the CONTRACTOR," having its principal office at 1700 North Australian Avenue, West Palm Beach, Florida 33407. WITNESSETH: WHEREAS, the CITY has entered into an Agreement with the U.S. Department of Housing and Urban Development (HUD) for a grant for the execution and implementation of a Community Development Block Grant (CDBG) Program in the CITY, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, the CITY desires to engage the CONTRACTOR to implement an activity of the Delray Beach CDBG Program; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: ARTICLE I DEFINITION AND PURPOSE Definitions 1.1 "CDBG" means Community Development Block Grant program. 1.2 "HUD" means the U.S. Department of Housing and Urban Development. 1.3 "24 CFR" refers to the Section of the Code of Federal Regulations pertaining to the U.S. Dept. of HUD. 1.4 °Program Income" means gross income received, directly generated or earned from the use of CDBG funds. Program Income includes, but is not limited to, interest earned on advances of federal funds or royalties received as a result of patents or copyrights produced under this grant. 1.5 "OMB" means Office of Management and Budget. 1.6 "Low- and Moderate-Income" means a household whose income is within specified income limits set forth by HUD. 1.7 Property: a. "Real Property" means land, land improvements, structures, fixtures and appurtenances thereto, excluding movable machinery and equipment. b. "Personal Property° means personal property of any kind except real property. c. "Nonexpendable Personal Property" means tangible (i.e., physical) personal property of a nonconsumable nature, with a value of $500 or more per item, with a normal expected life of one or more years, not fixed in place, and not an integral part of a structure, facility or another piece of equipment. d. "Expendable Personal Property" means all tangible personal property other than nonexpendable property. 2. Puraose The purpose of this Agreement is to state the covenants and conditions under which the CONTRACTOR will implement the Statement of Work set forth in Article II of this agreement. ARTICLE II STATEMENT OF WORK The CONTRACTOR shall carry out the activities specified in Attachment A, "Scope of Services." ARTICLE III FUNDING AND METHOD OF PAYMENT 3.1 The maximum amount payable by the CITY under this Agreement will be Seven Thousand, Four Hundred and Ten Dollars and 00/100 ($7.410.00). 3.2 The CITY will be billed by the CONTRACTOR and will disburse twelve (12) monthly payments in the amount of $617.50. Bills shall be submitted by the CONTRACTOR at least two weeks in advance. 3.3 Prior to receipt of CDBG funds (through reimbursement), CONTRACTOR shall submit the following documentation no later than the 10th day of each month covered by this Agreement, in a format prescribed by the CITY: a. Monthly timesheets reflecting actual time worked {in accomplishing goals) by the CDBG funded position (Delray Beach Satellite Office Coordinator) and a completed Direct Benefit Activity form (monthly); b. Monthly grantee performance reports due no later than the 10th day of each month, showing summary statistics on race, ethnicity, and income level of clients served by the program. 3.4 Release of funds is subject to the approval of the Director of Community Improvement. ARTICLE IV TERM OF AGREEMENT The term of this Agreement shall be from October 1, 2007, to September 30, 2008. ARTICLE V SUSPENSION AND TERMINATION 5.1 Termination/Suspension of Payments/Aoreement for Cause If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement or suspend payments in whole or in part by giving written notice of such 2 termination or suspension of payments and specify the effective date of termination or suspension. If payments are withheld, the CITY shall specify in writing the actions that must be taken by the CONTRACTOR as a condition precedent to resumption of payments and shall specify a reasonable date for compliance. Sufficient cause for suspension of payments shall include, but not be limited to: a. ineffective or improper use of CDBG funds, b. failure to wmply with the Statement of Work or terms of this Agreement, c. failure to submit reports as required, d. submittal of materially incorrect or incomplete reports, e. failure to comply with any additional conditions that may be imposed by HUD. 5.2 Termination for Convenience of City: The CITY may terminate this Agreement without cause at any time by giving at least ten (10) working days notice in writing to the CONTRACTOR. If this Agreement is terminated by the CITY as provided herein, the CONTRACTOR will be paid for allowable services performed under Article II of this Agreement until the effective date of the termination. 5.3 Termination for Convenience of the CONTRACTOR: At any time during the term of this Agreement, the CONTRACTOR may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the CITY. Upon iermination, the CONTRACTOR shall be paid for services rendered pursuant to this Agreement through and including the date of termination. ARTICLE VI RECORDS AND REPORTS 6.1 The CONTRACTOR agrees to retain supporting documentation relating to activities funded by this Agreement for a period of five years after the termination of the Agreement. 6.2 The CONTRACTOR shall submit quarterly reports in a format prescribed by the CITY per the schedule in Article III of this Agreement. 6.3 The CONTRACTOR agrees to submit upon request other documentation which may later be determined necessary to assure compliance with this Agreement. ARTICLE VII PROGRAM INCOME The CONTRACTOR agrees io expend CDBG-funds for the purpose outlined in Article I of this Agreement. It is not anticipated that program income shall be generated from this allocation. However, such income, if generated, may be retained by the CONTRACTOR and used for costs that are in addition to the approved costs of this agreement, provided that such costs specifically further the objectives of this agreement. Under no circumstances shall the CONTRACTOR use program income to pay for charges or expenses that are specifically not allowed pursuant to the terms of this agreement and applicable federal regulations or rules. The use of program income by the CONTRACTOR shall comply with the requirements set forth at 24 CFR 570.504. 3 ARTICLE VIII PUBLICITY The CONTRACTOR shall ensure that all publicity, public relations, advertisements and signs, recognize the CITY and the CDBG Program for the support of all contracted activities. The use of the official CITY Togo is permissible, but all signs used to publicize CITY contracted activities must be approved by the CITY prior to being posted. ARTICLE IX GENERAL CONDITIONS 9.1 Federal. State County and CITY Laws and Reoulations: The CONTRACTOR shall comply with applicable provisions of applicable federal, state, County, and CITY laws, regulations and rules, including OMB A-422, OMB A-21, OMB A-133. The CONTRACTOR shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color, or national origin; the Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; Title VIII of the Civil Rights Act of 1968, as amended, and Executive Order 11063 which prohibits discrimination in housing on the basis of race, color, religion, sex, or national origin; Executive Order 11246, as amended which requires equal employment opportunity; and wRh the Energy Policy, amended and Conservation Act (Pub.L 94-163) which requires mandatory standards and policies relating to energy efficiency. The CONTRACTOR shall report its compliance with Section 504 of the Rehabilitation Act whenever so requested by the CITY. The CONTRACTOR shall comply with all applicable requirements of the Americans with Disabilities Act {ADA) of 1990, including, but not limited to, those provisions pertaining to employment, program services, transportation, communications, access to facilities, renovations, and new construction. The CONTRACTOR shall comply with all federal laws and regulations pertaining to environmental standards described in 24 CFR Subpart K, except that: a. The CONTRACTOR does not assume the CITY's environmental responsibilRies described at 570.804, and b. The CONTRACTOR does not assume the CITY's responsibility for initiating the review process under the provisions of 24 CFR part 52. 9.2 Opportunities for Residents and Civil Riohts Compliance: The CONTRACTOR agrees that no person shall on the grounds of race, color, national origin, religion, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent, eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. 9.3 Evaluation and Monitoring: The CONTRACTOR agrees that the CITY will carry out periodic monitoring and evaluation activities as determined necessary and that the 4 continuation and/or renewal of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluations will be based on the terms of this Agremparisons of planned versus actual progress relating to activity scheduling, budgets, audit reports, and output measures. The CONTRACTOR agrees to furnish upon request to the CITY and make copies of transcriptions of such records and information as is determined necessary by the CITY. The CONTRACTOR shall submit on a schedule set by the CITY and at other times upon request, information and status reports required by the CITY to enable the evaluation of said progress and to allow for completion of reports required of the CITY by HUD. The CONTRACTOR shall allow the CITY or HUD to monitor its agency on site. Such site visits may be scheduled or unscheduled as determined by the CITY or HUD, 9.4 Audits: Nonprofit organizations that expend $500,000 or more annually in federal awards shall have a single or program specific audit conducted accordance with OMB A-133. Nonprofit organizations that expend less than $500,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A-133, although their records must be available for review. These agencies are required by the CITY to submit "reduced scope" audits (e.g., financial audits, performance audits). Each audit shall wver a time period of not more than 12 months and an audit shall be submitted covering each assisted period until all the assistance received from this agreement has been reported on. A copy of the audit report must be received by the CITY no later than six months following each audit period. The CONTRACTOR shall maintain all records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the CITY pursuant to the terms of this agreement. 9.5 Uniform Administrative Requirements: The CONTRACTOR agrees to maintain books, records and documents in accordance with accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by the CITY under this Agreement. The CONTRACTOR is required to comply with the following uniform administrative requirements: a. Specific provisions of the uniform administrative requirements of OMB Circular A- 110, as implemented at 24 CFR Part 84, "Uniform Administrative Requirements for Grants and Agreements with Institutions of .Higher Education, Hospitals and Other Non-Profit Organizations." b. OMB Circular A-122 °Cost Principles for Non-Profit Organizations" (a list of allowable and unallowable costs appears in Attachment B). c. Applicable provisions of 24 CFR 570.502. 9.6 Lobbying Prohibition: The CONTRACTOR shall certify that no federal appropriated funds have been paid or will be paid, by or on behaff of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal Agreement, the making of any federal grant, the making of any federal loan, the entering into of any cooperative Agreement, and the extension, continuation, renewal, amendment, or modification of any federal Agreement, grant, loan, or cooperative Agreement. The CONTRACTOR shall disclose to the CITY if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or 5 attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal Agreement. 9.7 Section 3 Requirements: The CONTRACTOR agrees to comply with all Section 3 requirements applicable to contracts funded through this Agreement. Information on Section 3 is available from the CITY upon request. The CONTRACTOR shall include the following, referred to as the Section 3 Clause, in every solicitation and every contract for every Section 3 covered project: Section 3 Clause a. The work to be performed under this agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall to the greatest extent feasible, be directed to iow-and very low-income persons, particularly persons who are recipients of HUD assistance for. housing. b. The parties to this agreement agree to comply with HUD's requirements in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this agreement, the parties to this agreement certify that they are under no contractual or other impediment that would preveht them from complying with the Part 135 regulations. c. The CONTRACTOR agrees to send to each labor organization or representative of workers with which the CONTRACTOR has a collective bargaining Agreement or other understanding, if any, a notice advising the labor organization or workers representative of the CONTRACTOR's commitment under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each, and the name and location of the person(s) taking applications for each of the positions, and the anticipated date the work shall begin. d. The CONTRACTOR agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The CONTRACTOR will not subcontract with any subcontractor where the CONTRACTOR has notice or knowledge that the subcontrector has been found in violation of the regulations in 24 CFR Part 135. e. The CONTRACTOR will certify that any vacant employment positions, including training positions, that are filled (1) after the CONTRACTOR is selected but before the contract is executed and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the CONTRACTOR'S obligations under 24 CFR Part 135. f. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. 9.8 Insurance: The CONTRACTOR shall furnish to the CITY, c/o the Community Improvement Department, certificate(s) of insurance evidencing coverage that meets the requirements outlined in Attachment C. 9.9 Prooertv: Any real property under the CONTRACTOR's control that was acquired or improved in whole or in part with CDBG funds received from the CITY in excess of $25,000 shall be either: a. Used to meet one of the three CDBG national objectives required by and defined in 24 CFR Part 570.208 for five years following the expiration or termination of this agreement, or for such longer period of time as determined by the CITY; or b. Not used to meet a CDBG national objective, in which case the CONTRACTOR shall pay to the CITY an amount equal to the market value of the property as may be determined by the CITY, less any proportionate portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Reimbursement is not required after the period of time specified in Paragraph 9.9.a., above. Any real property under the CONTRACTOR'S control that was acquired or improved in whole or in part with CDBG funds from the CITY for $25,000 or less shall be disposed of, at the expiration or termination of this contract, in accordance with instructions from the CITY. All real property purchased in whole or in part with funds from this and previous agreements with the CITY, or transferred to the CONTRACTOR after being purchased in whole or in part with funds from the CITY, shalt be listed in the property records of the CONTRACTOR and shall include a legal description, size, date of acquisition, value at time of acquisition, present market value, present condition, address or location, owner's name if different from the CONTRACTOR, information on the transfer or disposition of the property, and map. The property records shall describe the programmatic purpose for which the property was acquired and identify the CDBG national objective that will be met. If the property was improved, the records shall describe the programmatic purpose for which the improvements were made and identify the CDBG national objective that will be met. All nonexpendable personal property purchased in whole or in part with funds from this and previous agreements with the CITY shall be listed in the property records of the CONTRACTOR and shall include a description of the property, location, model number, manufacturer's serial number, date of acquisition, funding source, unit cost at the time of acquisition, present market value, property inventory number, information on its condition, and information on transfer, replacement, or disposition of the property. The CONTRACTOR shall obtain prior written approval from the CITY for the disposition of real property, expendable personal property, and nonexpendable personal property purchased in whole or in part with funds given to the CONTRACTOR pursuant to the terms of this agreement. The CONTRACTOR shall dispose of all such property in accordance with instructions from the CITY. Those instructions may require the return of all such property to the CITY. 7 9.10 Reversion of Assets: The CONTRACTOR shall return to the CITY, upon expiration or termination of this Agreement, all the assets owned or held as a result of this Agreement, including, but not limited to any funds on hand, any accounts receivable attributable to these funds, mortgages, notes, and other collateral and any overpayments due to unearned funds or costs disallowed pursuant to the terms of this Agreement that were disbursed to the CONTRACTOR by the CITY. The CONTRACTOR shall within 30 days of expiration or termination of this Agreement execute any and all documents as required by the CITY to effectuate the reversion of assets. Any funds not earned, as described and provided for in OMB A-122, by the CONTRACTOR prior to the expiration or termination of this Agreement shall be retained by the CITY. 9.11 Conflicts with Applicable Laws: If any provision of this agreement conflicts wfth any applicable law or regulation, only the conflicting provision shall be deemed by the parties hereto to be modified to be consistent with the law or regulation or to be deleted if modification is impossible. However, the obligations under this agreement, as modfed, shall continue and all other provisions of Phis agreement shall remain in full force and effect. 9.12 Renegotiation or Modification: Modifications of provisions of the agreement shall be valid only when in writing and signed by duly authorized representatives of each party. The parties agree to renegotiate this agreement if the CITY determines, in its sole and absolute discretion, that federal, State and/or CITY revisigns of any applicable laws or regulations, or increases or decreases in budget allocations make changes in this agreement necessary. 9.13 Right to Waive: The CITY may, for good and sufficient cause, as determined by the CITY in its sole and absolute discretion, waive provisions in this agreement or seek to obtain such waiver from the appropriate authority. Waiver requests from the CONTRACTOR shall be in writing. Any waiver shalt not be construed to be a mod cation of this agreement. 9.14 Disoutes: In the event an unresolved dispute exists between the CONTRACTOR and the CITY, the CITY shall refer the questions, including the views of all interested parties and the recommendation of the CITY, to the City Manager for determination. The City Manager, or an authorized representative, will issue a determination within 30 calendar days of receipt and so advise the CITY and the CONTRACTOR, or in the event additional time is necessary, the CITY will notify the CONTRACTOR within the 30 day period that additional time is necessary. The CONTRACTOR agrees that the City Manager's determination shall be final and binding on all parties. 9.15 Indemnification: To the extent provided by law, the CONTRACTOR shall indemnify and hold harmless and defend the CITY, its agents, employees, and elected officers from and against any and all claims, demands or causes of action of whatsoever kind or nature arising out of error, omission, negligent act, conduct or misconduct by the CONTRACTOR, its agents, employees or officers in the performance of services under this Agreement. S IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on the day and year written above. WITNESSES: Print Print STATE OF FLORIDA COUNTY OF PALM BEACH URBAN LEAGUE OF PALM BEACH COUNTY, INC. By: The foregoing instrument was acknowledged before me this _ day of , 200_, by ,who is personally known to me. NOTARY PUBLIC Sign Print Personally Known OR Produced Identification Type of Identification Produced: ATTEST: City Clerk Approved as to form: City Attorney CITY OF DELRAY BEACH, FLORIDA By: Mayor 9 ATTACHMENT "A" SCOPE OF SERVICES The major focus of the Urban League of Palm Beach County, Inc. under this Agreement will be to administer a Comprehensive Housing Counseling Program for eligible residents of Delray Beach. At least 51% of the beneficiaries of a project funded under this Agreement must be low- and moderate-income persons (as determined annually by HUD for the area). The program is designed to enable clients to make informed and reasonable decisions in achieving their housing goals or to assist in resolving their housing problem by using all available resources. In support of these efforts, CDBG funds will be used to offset costs associated with one part-time service delivery position (Delray Beach Satellite Office Coordinator). Supported services under this Agreement include the following: a. Mortgage application assistance b. Pre-mortgage counseling c. Default mortgage counseling d. Money management e. Emergency intervention (including food, energy & shelter assistance) f. Housing discrimination referrals g. Section 8 Housing application guidance h. Reverse mortgage counseling ATTACHMENT "B° ALLOWABLE AND UNALLOWABLE COSTS UNDER OMB A-122 ITEM OF COST OMB A-1.22 NONPROFITS Unallowable Allowable Advertising Bad debts Bonding Communication Compensation, personnel services Contingen provisions Contributions (to others) Depreciation, use allowance Donations (from others) Employee morale, health, welfare Entertainment Equipment ""` Fines, penalties Fringe benefits Fund raising, interest, investment management Idle facility, idle capacity Insurance & indemnification Interest Labor relations Lobb ing Losses on other awards Maintenance, repair Materials, supplies Memberships, subscriptions, professional activity Organization costs Overtime, sh"rft premiums '~""" Page char es in professional journals (research) Participant support costs "` Patent costs Pension plans Plant security Pre-award costs '"' Professional services Profits, losses on asset disposition * Public information service **" Publication and printing costs "" Rearrangement, facility alteration Reconversion costs "* ~ Recruiting Relocation Rental " Allowable under limited circumstances. "* Allowable only with prior permission from the CITY. *** Allowable only as a direct cost with permission from the CITY. ATTACHMENT "B" ITEM OF COST OMB A-122 NONPROFITS Unallowable Allowable Royalties, use of patents, copyrights Severance pay J Specialized service facilities Taxes Termination-related costs Training, education Transportation Travel " Allowable under limited circumstances. "" Allowable only with prior permission from the CITY. """ Allowable only as a direct cost with permission from the CITY. ATTACHMENT "C" INSURANCE REQUIREMENTS WORKER'S COMPENSATION This coverage shall include Worker's Compensation Insurance covering all employees and include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any subcontractor that does not have their own Worker's Compensation and Employer's Liability Insurance. Thirty (30) days notice of cancellation is required and must be provided to the CITY via Certified Mail. COMMERCIAL GENERAL LIABILITY This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent Contractors' Products and Completed Operations and Contractual Liability. This policy shall provide coverage for death, personal injury or properly damage that could arise directly or indirectly from the performance of this Agreement. The Minimum Limits of Coverage shall be ($1,000,000) per occurrence, Combined Single Limit for bodily Injury Liability and Property Damage Liability. THE CITY OF DELRAY BEACH MUST BE NAMED AS AN ADDITIONAL INSURED ON THE COMMERCIAL GENERAL LIABILITY POLICY. Thirty (30) days written notice must be provided to the CITY via Certified Mail in the event of cancellation. BUSINESS AUTOMOBILE LIABILITY The minimum limts of coverage shall be ($500,000) per occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This coverage shall be an "Any Auto" type policy. The CITY must be listed as an Additional Insured under the Policy. Thirty (30) days written notice must be provided to the CITY via Certified Mail in the event of cancellation. In the event that the CONTRACTOR does not own any vehicles, we will accept hired and non- owned coverage in the amounts listed above. In addition, we will require an affidavit signed by the CONTRACTOR indicating the following: does not own any vehicles. "Company Name" In the event we acquire any vehicles throughout the term of his ContracUAgreemeM, agrees to purchase "Any Auto" or "Company Name" Comprehensive Form coverage as of the date of acquisition. The CONTRACTOR's Signature: MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Comumunity Improvement Director Elizabeth Alpert, Neighborhood Services Administrator THROUGH: David Hazden, City Manager DATE: December 5, 2007 SUBJECT: AGENDA ITEM -REGULAR COMMISSION MEETING OF DECEMBER 11, 2007 COMMUNITY DEVELOPMENT BLOCK GRANT SUB RECIPIENT FUNDING AGREEMENT WITH ACHIEVEMENT CENTERS FOR CHILDREN AND FAMILIES ITEM BEFORE COMMISSION Approval is requested to execute an agreement for to provide funding in the amount of $75,000 to the Achievement Centers for Children and Families under the 2007-2008 Community Development Block Grant (CDBG) Program. In accordance with 24 CFR 570.301, a Public Hearing was held before the City Commission on July 24, 2007, to obtain public comment on the proposed budget for the approval of the Community Development Block Grant Consolidated Action Plan for fiscal yeaz 2007-2008. The Action Plan contains an appropriation for public service activity and was approved by the Commission. CDBG Program regulations at 24 CFR 570.503 require written agreements prior to the disbursement of funds to sub recipient organizations, specifying the work to be performed and reporting requirements, among other requirements and governing provisions. These agreements have been developed in accordance with the stated regulations and have been reviewed and approved by the City Attorney for legal sufficiency and form. FUNDING SOURCE Community Development Block Grant 118-1966-554-82.09 RECOMMENDATION Staff recommends approval and execution of the attached agreement in order that funding may proceed in accordance with the Commission approved Action Plan for fiscal yeaz 2007-2008. 8.N~ FY 2007-2008 COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT between CITY OF DELRAY BEACH and ACHIEVEMENT CENTERS FOR CHILDREN AND FAMILIES . THIS AGREEMENT is entered into between the CITY OF DELRAY BEACH, a Florida municipal corporation, hereinafter referred to as °CITY," and "ACHIEVEMENT CENTERS FOR CHILDREN AND FAMILIES", hereinafter referred to as "the CONTRACTOR," having its principal office at 555 N.W. 4'" Street, Delray Beach, Florida 33444-2734. WITNESSETH: WHEREAS, the CITY has entered into an Agreement with the U.S. Department of Housing and Urban Development (HUD) for a grant for the execution and implementation of a Community Development Block Grant (CDBG) Program in the CITY, pursuant to Title I of the Housing and Communty Development Act of 1974 (as amended); and WHEREAS, the CITY desires to engage the CONTRACTOR to implement an activity of the Delray Beach CDBG Program; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: ARTICLE I DEFINITION AND PURPOSE Definitions 1.1 "CDBG" means Community Development Block Grant program. 1.2 "HUD" means the U.S. Department of Housing and Urban Development. 1.3 "24 CFR" refers to the Section of the Code of Federal Regulations pertaining to the U.S. Dept. of HUD. 1.4 "Program Income° means gross income received directly generated or earned from the use of CDBG funds. Program Income includes, but is not limited to, interest earned on advances of federal funds or royalties received as a result of patents or copyrights produced under this grant. 1.5 "OMB" means Office of Management and Budget. 1.6 °Low- and Moderate-Income' means a household whose income is within specified income limits set forth by HUD. 1.7 Property: a. "Real Property" means land, land improvements, structures, fixtures and appurtenances thereto, excluding movable machinery and equipment. b. "Personal Property" means personal property of any kind except real property. c. "Nonexpendable Personal Property" means tangible (i.e., physical) personal property of a nonconsumable nature, with a value of $500 or more per item, with a normal expected I'rfe of one or more years, not fixed in place, and not an integral part of a structure, facility or another piece of equipment. d. "Expendable Personal Property" means all tangible personal property other than nonexpendable property. 2. Purpose The purpose of this Agreement is to state the covenants and conditions under which the CONTRACTOR will implement the Statement of Work set forth in Article 11 of this agreement. ARTICLE ll STATEMENT OF WORK The CONTRACTOR shall carry out the activities specified in Attachment A, "Scope of Services." ARTICLE III FUNDING AND METHOD OF PAYMENT 3.1 The maximum amount payable by the CITY under this Agreement will be Seventy-five Thousand Dollars and 00!100 ($75.000.00). 3.2 The CITY will be billed by the CONTRACTOR and will disburse twelve (12) monthly payments in the amount of $6,250.00). Bills shall be submitted by the CONTRACTOR at least two weeks in advance. 3.3 Prior to receipt of CDBG funds (through reimbursement), CONTRACTOR shall submit the following documentation no later than the 10th day of each month covered by this Agreement, in a format prescribed by the CITY: a. Monthly grantee performance report as well as a narrative identifying the participant's levels of family income, race, ethnicity, and achievements of participants served by the program. b. Monthly timesheets and payroll reports reflecting actual time worked by the CDBG funded position and a completed Direct Benefit Activity form (monthly); 3.4 Release of funds is subject to the approval of the Director of Community Improvement. ARTICLE IV TERM OF AGREEMENT The term of this Agreement shall be from October 1, 2007, to September 30, 2008. 2 ARTICLE V SUSPENSION AND TERMINATION 5.1 Termination/Susoension of Payments/Agreement for Cause: If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement or suspend payments in whole or in part by giving written notice of such termination or suspension of payments and specify the effective date of termination or suspension. If payments are withheld, the CITY shall specify in writing the actions that must be taken by the CONTRACTOR as a condition precedent to resumption of payments and shall specify a reasonable date for compliance. Sufficient cause for suspension of payments shall include, but not be limited to: a. ineffective or improper use of CDBG funds, b. failure to comply with the Statement of Work or terms of this Agreement, c. failure to submit reports as required, d. submittal of materially incorrect or incomplete reports, e. failure to comply with any additional conditions that may be imposed by HUD. 5.2 Termination for Convenience of Citv: The CITY may terminate this Agreement without cause at any time by giving at least ten (10) working days notice in writing to the CONTRACTOR. If this Agreement is terminated by the CITY as provided herein, the CONTRACTOR will be paid for allowable services performed under Article II of this Agreement until the effective date of the termination. 5.3 Termination for Convenience of the CONTRACTOR: At any time during the term of this Agreement, the CONTRACTOR may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the CITY. Upon termination, the CONTRACTOR shall be paid for services rendered pursuant to this Agreement through and including the date of termination. ARTICLE VI RECORDS AND REPORTS 6.1 The CONTRACTOR agrees to retain supporting documentation relating to activities funded by this Agreement for a period of five years after the termination of the Agreement. 6.2 The CONTRACTOR shall submit quarterly reports in a format prescribed by the CITY per the schedule in Article III of this Agreement. 6.3 The CONTRACTOR agrees to submit upon request other documentation which may later be determined necessary to assure compliance with this Agreement. 3 ARTICLE VII PROGRAM INCOME The CONTRACTOR agrees to expend CDBG funds for the purpose outlined in Article I of this Agreement. It is not anticipated that program income shall be generated from this allocation. However, such income, if generated, may be retained by the CONTRACTOR and used for costs that are in addition to the approved costs of this agreement, provided that such costs spec~cally further the objectives of this agreement. Under no circumstances shall the CONTRACTOR use program income to pay for charges or expenses that are specfically not allowed pursuant to the terms of this agreement and applicable federal regulations or rules. The use of program income by the CONTRACTOR shall comply with the requirements set forth at 24 CFR 570.504. ARTICLE VIII PUBLICITY The CONTRACTOR shall ensure that all publicity, public relations, advertisements and signs, recognize the CITY and the CDBG Program for the support of all contracted activities. The use of the official CITY logo is permissible, but all signs used to publicize CITY contracted activities must be approved by the CITY prior to being posted. ARTICLE IX GENERAL CONDITIONS 9.1 Federal State. County and CITY Laws and Reoulations: The CONTRACTOR shall comply with applicable provisions of applicable federal, state, County, and CITY laws, regulations and rules, including-OMB A-122, OMB A-21, OMB A-133. The CONTRACTOR shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color, or national origin; the Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; Title VIII of the Civil Rights Act of 1968, as amended, and Executive Order 11063 which prohibits discrimination in housing on the basis of race, color, religion, sex, or national origin; Executive Order 11246, as amended which requires equal employment opportunity; and with the Energy Policy, amended and Conservation Act (Pub.L 94-163) which requires mandatory standards and policies relating to energy efficiency. The CONTRACTOR shall report its compliance with Section 504 of the Rehabilitation Act whenever so requested by the CITY. The CONTRACTOR shall comply with all applicable requirements of the Americans with Disabilities Act (ADA) of 1990, including, but not limited to, those provisions pertaining to employment, program services, transportation, communications, access to facilities, renovations, and new construction. The CONTRACTOR shall comply with all federal laws and regulations pertaining to environmental standards described in 24 CFR Subpart K, except that: a. The CONTRACTOR does not assume the CITY's environmental responsibilities described at 570.604, and 4 b. The CONTRACTOR does not assume the CITY's responsibility for initiating the review process under the provisions of 24 CFR part 52. 9.2 Opportunities for Residents and Civil Rights Compliance: The CONTRACTOR agrees that no person shall on the grounds of race, color, national origin, religion, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent, eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. 9.3 Evaluation and Monitorino: The CONTRACTOR agrees that the CITY will carry out periodic monitoring and evaluation activities as determined necessary and that the continuation and/or renewal of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluations will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to activity scheduling, budgets, audit reports, and output measures. The CONTRACTOR agrees to furnish upon request to the CITY and make copies of transcriptions of such records and information as is determined necessary by the CITY. The CONTRACTOR shall submit on a schedule set by the CITY and at other times upon request, information and status reports required by the CITY to enable the evaluation of said progress and to allow for completion of reports required of the CITY by HUD. The CONTRACTOR shall allow the CITY or HUD to monitor its agency on site. Such site visits may be scheduled or unscheduled as determined by the CITY or HUD. 9.4 Audits: Nonprofit organizations that expend $500,000 or more annually in federal awards shall have a single or program specific audit conducted accordance with OMB A-133. Nonprofit organizations that expend less than $500,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A-133, although their records must be available for review. These agencies are required by the CITY to submit "reduced scope" audits (e.g., financial audits, performance audits). Each audit shall cover a time period of not more than 12 months and an audit shall be submitted covering each assisted period until all the assistance received from this agreement has been reported on. A copy of the audit report must be received by the CITY no later than six months following each audit period. The CONTRACTOR shall maintain all records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the CITY pursuant to the terms of this agreement. 9.5 Uniform Administrative Recuirements: The CONTRACTOR agrees to maintain books, records and documents in accordance with accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by the CITY under this Agreement. The CONTRACTOR is required to comply with the following uniform administrative requirements: a. Specific provisions of the uniform administrative requirements of OMB Circular A- 110, as implemented at 24 CFR Part 84, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations." 5 b. OMB Circular A-122 "Cost Principles for Non-Profit Organizations" (a list of allowable and unallowable costs appears in Attachment B). c. Applicable provisions of 24 CFR 570.502. 9.6 Lobbvino Prohibition: The CONTRACTOR shall certify that no federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal Agreement, the making of any federal grant, the making of any federal loan, the entering into of any cooperative Agreement, and the extension, continuation, renewal, amendment, or modification of any federal Agreement, grant, loan, or cooperative Agreement. The CONTRACTOR shall disclose to the CITY if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal Agreement. 9.7 Section 3 Requirements: The CONTRACTOR agrees to comply with all Section 3 requirements applicable to wntracts funded through this Agreement. Information on Section 3 is available from the CITY upon request. The CONTRACTOR shall include the following, referred to as the Section 3 Clause, in every solicitation and every contract for every Section 3 covered project: Section 3 Clause a. The work to be performed under this agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunfties generated by HUD assistance or HUD-assisted projects covered by Section 3, shall to the greatest extent feasible, be directed to low-and very low-income persons, particularly persons who are recipients of HUD assistance for housing. b. The parties to this agreement agree to comply with HUD's requirements in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this agreement, the parties to this agreement certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. c. The CONTRACTOR agrees to send to each labor organization or representative of workers with which the CONTRACTOR has a collective bargaining Agreement or other understanding, if any, a notice advising the labor organization or workers representative of the CONTRACTOR'S commitment under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each, and the name and location of the persons} taking applications for each of the positions, and the anticipated date the work shall begin. 6 d. The CONTRACTOR agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The CONTRACTOR will not subcontract with any subcontractor where the CONTRACTOR has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. e. The CONTRACTOR -will certify that any vacant employment positions, including training positions, that are filled (1) after the CONTRACTOR is selected but before the contract is executed and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the CONTRACTOR's obligations under 24 CFR Part 135. f. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. 9.8 Insurance: The CONTRACTOR shall furnish to the CITY, c/o the Community Improvement Department, certificate(s) of insurance evidencing coverage that meets the requirements outlined in Attachment C. 9.9 Pro a Any real property under the CONTRACTOR'S control that was acquired or improved in whole or in part with CDBG funds received from the CITY in excess of $25,000 shall be either: a. Used to meet one of the three CDBG national objectives required by and defined in 24 CFR Part 570.208 for five years following the expiration or termination of this agreement, or for such conger period of time as determined by the CITY; or b. Not used to meet a CDBG national objective, in which case the CONTRACTOR shall pay to the CITY an amount equal to the market value of the property as may 6e determined by the CITY, less any proportionate portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Reimbursement is not required after the period of time specked in Paragraph 9.9.a., above. Any real property under the CONTRACTOR'S control that was acquired or improved in whole or in part with CDBG funds from the CITY for $25,000 or less shall be disposed of, at the expiration or termination of this contract, in accordance with instructions from the CITY. All real property purchased in whole or in part with funds from this and previous agreements with the CITY, or transferred to the CONTRACTOR after being purchased in whole or in part with funds from the CITY, shall be listed in the property records of the CONTRACTOR and shall include a legal description, size, date of acquisition, value at time of acquisition, present market value, present condition, address or location, owner's name if different from the CONTRACTOR, information on the transfer or disposition of the property, and map. The property records shall describe the programmatic purpose for which the property was acquired and identify the CDBG national objective that will be met. If the property was improved, the records shall describe the programmatic purpose 7 for which the improvements were made and identify the CDBG national objective that will be met. All nonexpendable personal property purchased in whole or in part with funds from this and previous agreements with the CITY shall be listed in the property records of the CONTRACTOR and shall include a description of the property, location, model number, manufacturer's serial number, date of acquisition, funding source, unit cost at the time of acquiskion; present market value, property inventory number, information on its condition, and information on transfer, replacement, or disposition of the property. The CONTRACTOR shall obtain prior written approval from the CITY for the disposition of real property, expendable personal property, and nonexpendable personal property purchased in whole or in part with funds given to the CONTRACTOR pursuant to the terms of this agreement. The CONTRACTOR shall dispose of all such property in accordance with instructions from the CITY. Those instructions may require the return of all such property to the CITY. 9.10 Reversion of Assets: The CONTRACTOR shall return to the CITY, upon expiration or termination of this Agreement, all the assets owned or held as a result of this Agreement, including, but not limited to any funds on hand, any accounts receivable attributable to these funds, mortgages, notes, and other collateral and any overpayments due to unearned funds or costs disallowed pursuant to the terms of this Agreement that were disbursed to the CONTRACTOR by the CITY. The CONTRACTOR shall within 30 days of expiration or termination of this Agreement execute any and all documents as required by the CITY to effectuate the reversion of assets. Any funds not earned, as described and provided for in OMB A-122, by the CONTRACTOR prior to the expiration or termination of this Agreement shall be retained by the C{TY. 9.11 Conflicts with Aoalicable Laws: If any provision of this agreement wnflicts with any applicable law or regulation, only the conflicting provision shall be deemed by the parties hereto to be modified to be consistent with the law or regulation or to be deleted "rf modification is impossible. However, the obligations under this agreement, as modified, shall continue and all other provisions of this agreement shall remain in full force and effect. 9.12 Renegotiation or Modification: Modifications of provisions of the agreement shall be valid only when in writing and signed by duly authorized representatives of each party. The parties agree to renegotiate this agreement if the CITY determines, in its sole and absolute discretion, that federal, State andlor CITY revisions of any applicable laws or regulations, or increases or decreases in budget allocations make changes in this agreement necessary. 9.13 Right to Waive: The CITY may, for good and sufficient cause, as determined by the CITY in its sole and absolute discretion, waive provisions in this agreement or seek to obtain such waiver from the appropriate authority. Waiver requests from the CONTRACTOR shall be in writing. Any waiver shall not be construed to be a modification of this agreement. 9.14 Disputes: In the event an unresolved dispute exists between the CONTRACTOR and the CITY, the CITY shall refer the questions, including the views of all interested parties 8 and the recommendation of the CITY, to the City Manager for determination. The City Manager, or an authorized representative, will issue a determination within 30 calendar days of receipt and so advise the CITY and the CONTRACTOR, or in the event additional time is necessary, the CITY will notify the CONTRACTOR within the 30 day period that additional time is necessary. The CONTRACTOR agrees that the City Manager's determination shall be final and binding on all parties. 9.15 Indemnification: To the extent provided by law, the CONTRACTOR shall indemnify and hold harmless and defend the CITY, its agents, employees, and elected officers from and against any and all claims, demands or causes of action of whatsoever kind or nature arising out of error, omission, negligent act, conduct or misconduct by the CONTRACTOR, its agents, employees or officers in the performance of services under this Agreement. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on the day and year written above. WITNESSES: ACHIEVEMENT CENTERS FOR CHILDREN AND FAMILIES. By: Print STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this _ day of 200_, by who is personally known to me. NOTARY PUBLIC Sign Print Personally Known OR Produced Identification Type of Identification Produced: ATTEST: City Clerk Approved as to form: City Attorney CITY OF DELRAY BEACH, FLORIDA By: Mayor 9 ATTACHMENT "A' SCOPE OF SERVICES The major focus of the ACHIEVEMENT CENTERS FOR CHILDREN AND FAMILIES under this Agreement will be providing day care, after-school care and related services to eligible children. At least 51% of the beneficiaries of a project funded under this Agreement must be low- and moderate-income persons (as determined annually by HUD for the area). CDBG funds may be used for programmatic costs including, but not limited to, salaries of direct service personnel, training, insurance, office supplies and expenses, education supplies and materials, utilities, and sponsored events (field trips). Services under this program will be provided at the Center's main facility located at 555 N.W. 41h Avenue, Delray Beach, Florida and at Village Academy, 400 SW 12"' Avenue, Delray Beach, Florida. The major tasks which the Achievement Centers for Children and Families will perform in connection with the provision of the eligible day care and after-school services include, but are not limited to, the following: a. Maintain facility at all times in conformance with all applicable codes, licensing, and other requirements for the operation of a day care center. The facility must also be handicapped accessible, and the day care services must be organized into separate areas appropriate for each of the age groupings being served (toddler - 12 months to 3 years, pre-school - 3 to 4 years, pre- kindergarten - 4 to 5 years and after-schooVout-of school care -- 5 years to 14 years). b. Accept applications and perform eligibility determinations. At least 51 percent (51°k) of the beneficiaries of subsidized day care must be low and moderate-income persons (as determined annually by HUD for the area). c. Offer day care services from 6:30 a.m. to 5:30 p.m. Monday through Friday, after-school/out-of- school services from public school closing time to 7:00 p.m. and Saturdays 7:30 a.m. to 4:30 p.m. to eligible families. d. Ensure that the numbers, background, and qualifications of the Achievement Center's for Children and Families' staff providing the on-site day care and any related services at all times are appropriate for the enrolled child population at the center and meet at least the minimum standards established by the pertinent licensing bodies. e. As part of the day care services, provide a renge of structured social, educational, and cultural enrichment activities appropriate to the age groups being served. f. Maintain program and financial records documenting the eligibility, attendance, provision of services, and the Center's expenses relative to the children receiving day care services as a result of assistance provided through the CDBG program. ATTACHMENT "B" ALLOWABLE AND UNALLOWABLE COSTS UNDER OMB A-122 ITEM OF COST OMB A-122 NONPROFITS UnAllowable Allowable Advertising Bad debts Bonding Communication Compensation, personnel services Contin envy provisions Contributions (to others) Depreciation, use allowance ' Donations (from others) Employee morale, health, welfare Entertainment Equipment "` Fines, penalties 1I Fringe benefits Fund raising, interest, investment management Idle facili ,idle capaci Insurance & indemnification ~ Interest Labor relations Lobbying Losses on other awards Maintenance, repair Materials, supplies Memberships, subscriptions, professional activity Organization costs Overtime, shift premiums '"' Page charges in professional 'oumals (research) Participant support costs "` Patent costs Pension plans Plant security Pre-award costs Professional services Profds, losses on asset disposition Public information service ""` Publication and printing costs """ Rearrangement, facility alteration Reconversion costs Recruiting Relocation Rental " Allowable under limited circumstances. "" Allowable only with prior permission from the CITY. "' Allowable only as a direct cost with permission from the CITY. ATTACHMENT "B" `ITEM OF COST - OMB'A-122 NONPROFITS Unallowable Allowable Royalties, use of patents, co rights Severance pay Specialized service facilities Taxes Termination-related costs Training, education Transportation ~ Travel * Allowable under limited circumstances. ** Allowable only with prior permission from the CITY. """* Allowable only as a direct cost with permission from the CITY. ATTACHMENT "C" INSURANCE REQUIREMENTS WORKER'S COMPENSATION This coverage shall include Worker's Compensation Insurance covering all employees and include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any subcontractor that does not have their own Worker's Compensation and Employer's Liability Insurance. Thirty (30) days notice of cancellation is required and must be provided to fhe CITY via Certified Mail. COMMERCIAL GENERAL LIABILITY This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent Contractors' Products and Completed Operations and Contractual Liability. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from the pertormance of this Agreement. The Minimum Limits of Coverage shall be ($1,000,000) per occurrence, Combined Single Limit for bodily Injury Liability and Properly Damage Liability. THE CITY OF DELRAY BEACH MUST BE NAMED AS AN ADDITIONAL INSURED ON THE COMMERCIAL GENERAL LIABILITY POLICY. Thirty (30) days written notice must be provided to the CITY via Certified Mail in the event of cancellation. BUSINESS AUTOMOBILE LIABILITY The minimum limits of coverage shall be ($500,000) per occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This coverage shall be an "Any Auto" type policy. The CITY must be listed as an Additional Insured under the Policy. Thirty {30) days written notice must be provided to the CITY via Certified Mail in the event of cancellation. In the event that the CONTRACTOR does not own any vehicles, we will accept hired and non- owned coverage in the amounts listed above. In addition, we will require an affidavit signed by the CONTRACTOR indicating the following: does not own any vehicles. "Company Name" In the event we acquire any vehicles throughout the term of his Contract/Agreement, agrees to purchase "Any Auto" or "Company Name" Comprehensive Form coverage as of the date of acquisition. The CONTRACTOR'S Signature: MEMORANDUM TO: Mayor and City Commissioners FROM: Randal L. Krejcazek, PE, LEED AP, City Engineer Richard C. Hasko, PE, Environmental Services Director THROUGH: David T. Hazden, City Manager~~ DATE: December 4, 2007 SUBJECT: AGENDA ITEM -REGULAR COMMISSION MEETING OF DECEMBER 11.2007 R~LUTION 70-07 W ATLANTIC AVE - SW/NW 12TH AVE TO SR AlA MAINTENANCE MEMORANDUM OF AGREEMENT PROJECT #2005.058 iTFM RFFORE COMMISSION The attached agenda item is to request Commission approval/authorization for the Mayor to execute Maintenance Memorandum of Agreement (Maintenance MOA) with Florida Department of Transportation (FDOT) for the maintenance of landscaping along Atlantic Avenue corridor from SW/NW 12th Avenue to SR AlA. BACKGROUND Florida Department of Transportation (FDOT) is in the final stages of designing the resurfacing of Atlantic Ave between SW/NW 12th Ave and SR AlA. Along with resurfacing Atlantic Avenue, FDOT will also be enhancing the section between SW/NW 12th Avenue and SW/NW 6th Avenue as well as installing trombone mast arm signals at the intersections of SW/NW 12th Avenue, SW/NW 10th Avenue and SW/NW 8th Avenue. As part of this work the landscaping along this corridor will be enhanced. FDOT requires all landscaping along this corridor be maintained by the City. This Maintenance MOA covers these maintenance responsibilities. This project is anticipated to begin in the second half of 2008. FUNDING SOURCE Not applicable RECOMMENDATION Staff recommends approval of Resolution 70-07 approving the Maintenance Memorandum of Agreement and authorizing execution of the agreement. gN RESOLUTION N0.70-07 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE MAINTENANCE MEMORANDUM OF AGREEMENT FOR IMPROVEMENTS AND MAINTENANCE TO AREAS LOCATED IN THE RIGHT-OF-WAY OF WEST ATLANTIC AVENUE FROM I-95 TO THE BEACH AND AUTHORIZING THE EXECUTION OF THE AGREEMENT. WHEREAS, THE City of Dekay Beach, Florida desires to approve the Maintenance Memorandum of Agreement for certain improvements and maintenance to areas located in the right of way of West Atlantic Avenue from I-95 to the beach; 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: uon 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 Maintenance Memorandum of Agreement between the City and the Florida Department of Transportation and authorizes the execution thereof. PASSED AND ADOPTED in regular session on this the _ day of , 2007. MAYOR ATTEST: City Clerk Q r' ~N 1~..1^.. V J 0 ~~ \W L N Z /~A/ \^'I `WJ U .~--~ Ca -~ Q x' Ve y'~ ~ m. -~~ g ~' -m o. . Hob ~m . D~~~Q s U f6 N CD ~+ f6 L 0 0 N N r SECTION NO.: FM NO.(s): 411890-1-52-01, 405674-2-52-01 COUNTY: S.R NO.: .93030 413840-1-52-01, 414162-1-52-O1 & Palm Beach 806 DISTRICT FOUR (4) MAINTENANCE MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this dayof 20_,by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a component agency of the State of Florida, hereinafter called the DEPARTMENT and the City of Delray Beach, a political subdivision of the State of Florida, existing under the Laws of Florida, hereinafter called the AGENCY. WITNESSETH: WHEREAS, the DEPARTMENT has jurisdiction over State Road 806 (Atlantic Avenue) as part of the State Highway System; and WHEREAS, as part of the continual updating of the State of Florida Highway System, the DEPARTMENT; for the purpose of safety, protection of the investment and other reasons, has constructed and does maintain the highway facility as described in Exhibit A attached hereto and incorporated by reference herein, within the corporate limits (or unincorporated if County) of the AGENCY; and WHEREAS, the AGENCY is of the opinion that said highway facilities that contain landscape medians and azeas outside the travel way to the right of way line, excluding standard concrete sidewalk, shall be maintained byperiodic trimming, cutting, weeding, mowing, fertilizing, litter pick-up, necessary replanting, irrigation repairs, and median concrete replacements as needed; and WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party; and WHEREAS, the AGENCY by Resolution No. dated , 20-> attached hereto and by this reference made a part hereof, desires to enter into this Ageement and authorizes its officers to do so; NOW THEREFORE, for and in consideration o£ the mutual benefits to flow each to the other, the parties covenant and agree as follows: 1. The DEPARTMENT hereby agrees to install or cause to be installed landscape, irrigation and/or handscape on the highway facilities substantially as specified in the initial plans and specifications hereinafter referred to as the Project and incorporated herein as Exhibit B. If there aze any major changes to the plans, the Department shall provide the modified plans ;~~iuinr-Land capc=~MO~ 1'olderraMCSiDrrytrs~R8064138401)e1nyE3ch,(I1-Z1-07)dec.doe Nage - 1 - and the AGENCY shall provide their approval or disapproval within 10 business days. The Department may elect to withdraw the landscape if changes are not approved within the given time frame. Hardscape shall mean any non-standard roadway, sidewalk or median surface such as, but not limited to interlocking concrete or brick pavers, stamped asphalt and stamped concrete. 2. The AGENCY agees to maintain the landscape and irrigation within the medians and areas outside the travel way to the right of way line by periodic trimming, cutting, mowing, fertilizing, curb and sidewalk edging, litter pickup and necessary replanting, following the DEPARTMENT'S landscape safety and plant care guidelines and as providedby Exhibit C. The AGENCY'S responsibility formaintenance shall includeall landscaped/turfed areas and areas covered with interlocking pavers or similaz type surfacing (hazdscape) within the median and areas within the travel way to the right of way line, including paver sidewalks, paver intersections and all paver header curbs, stamped asphalt and concrete areas. It shall be the responsibility of the AGENCY to restore an unacceptable ride condition of the roadway caused by the differential chazacteristics of the paver brick and/or the header curb on Department of Transportationright-of--way within the limits of the Project. Such maintenance to be provided by the AGENCY is specifically set out as follows: To maintain, which means the proper watering and fertilization of all plants and keeping them as free as practicable from disease and harmful insects; to properly mulch the plant beds; to keep the premises free of weeds; to mow and/or cut the grass to a proper length; to properly prune all plants which includes: (1) removing dead or diseased parts of plants, or (2) pruning such parts thereof which present a visual hazard for those using the roadway. To maintain also means removing or replacing dead or diseased plants in their entirety, or removing or replacing those that fall below original Project standards. All plants removed for whatever reason shall be replaced by plants of the same size and grade as specified in the original plans and specifications.. To maintain also means to keep the handscape azeas &ee from weeds and replacement of any areas becoming in disrepair so as to cause a safety hazard. To maintain also means to keep litter removed from the median and azeas outside the travel way to the right of way line. Piants shall be those items which would be scientifically classified as plants and include but are not limited to trees, grass, or shrubs. If it becomes necessary to provide utilities to the median or side areas (water/electricity) for these improvements, all costs associated with irrigation maintenance, impact fees and connections as well as on-going cost of water are the maintaining AGENCY'S responsibility. The above named functions to be performed by the AGENCY, maybe subject to periodic inspections by the DEPARTMENT at the discretion of the DEPARTMENT. Such inspection findings will be shared with the AGENCY and shall be the basis of all decisions regarding, repayment, reworking or Agreement termination. The AGENCY shall not change or deviate from said plans without written approval of the DEPARTMENT. S:`,?~-saint\[.ardscape`~M110A Folders'[v30A Draf~,~,tiEZ 8t?6 413340 Delrx}' €1cli.(1 i-21-0^)doc.doc Yige-2- 3. If at any time after the AGENCY has assumed the landscape installation and/or maintenance responsibility above-mentioned, it shall come to the attention of the DEPARTMENT'S District Secretary that the limits or a part thereof is not properly maintained pursualrt to the terms of this Agreement, said District Secretary may at his option issue a written notice that a deficiency or deficiencies exist(s), by sending a certified letter to the AGENCY, to place said AGENCY on notice thereof Thereafter the AGENCY shall have a period ofthirty (30) calendar days within which to correct the cited deficiencies. If said deficiencies are not corrected within this time period, the DEPARTMENT may at its option, proceed as follows: (a) Maintain the landscape or a part thereof, with DEPARTMENT or contractor's personnel and invoice the AGENCY for expenses incurred, or (b) Terminate the Agreement in accordance with Paragraph 7 of this Agreement and remove, by DEPARTMENT or contractor's personnel, all of the landscapelhardscape installed under this Agreement or any preceding agreements except as to trees and palms and charge the AGENCY the reasonable cost of such removal. It is understood between the parties hereto that the landscape covered by this Agreement may be removed, relocated or adjusted at any time in the future as determined to be necessary by the DEPARTMENT in order that the adjacent state road be widened, altered or otherwise changed to meet with future criteria or planning of the DEPARTMENT. The AGENCY shall be given sixty (60) calendar days notice to remove said landscape after which time the DEPARTMENT may remove same. All permits (including tree permits), fees, and any mitigation associated with the removal, relocation or adjustments of these improvements aze the maintaining AGENCY'S responsibility. i. The DEPARTMENT agrees to enter into a contract for the installation of landscape Project for an amount not to exceed $ 642,972.75 as defined in Exhibit D. The DEPARTMENT'S participation in the Project cost, as described in Exhibit C is limited to only those items which aze directly related to this Project. The AGENCY shall be invited to assist the DEPARTMENT in final inspection at the end of the contractor's 365 day warranty and establishment period. 6. .The AGENCY agrees to reimburse the DEPARTMENT all monies expended for the Project, should the landscape/hardscape azeas fail to be maintained in accordance with the terms and conditions of this Agreement. 7. This Agreement maybe terminated under any one (1) of the following conditions: (a) By the DEPARTMENT, ifthe AGENCY fails to perform its duties under Pazagraph 3, following ten (10) days written notice. (b) By the DEPARTMENT, for refusal by the AGENCY to allow public access to all 1 ( ~ t ( ~~t oiC~i. ih. v ~. .I-~!!' ~{ >,~f~ ~b! y ! 3 }l ',. ~~ ~ _3= ~~J9 ~~.LS,L ..~'~.da ~a~ si" ~~ Page 3 documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the AGENCY in conjunction with this Agreement. 8. The term of this Ageement commences upon execution. The AGENCY is political subdivisions as defined in Section 768.28, Florida Statutes, and agrees to be fully responsible for acts and omissions of their agents or employees. Nothing in this agreement shall be construed or interpreted to serve as a waiver of sovereign immunity by any party such that liability is extended beyond the limitations established by law. Nothing herein shall be construed as consent by a state agency or political subdivision ofthe State of Florida to be sued by third parties in any matter arising out ofthis Agreement or any other contract. In the event that AGENCY contracts with a third party to provide the services set forth herein, any contract with such third party shall include the following provisions: (a) AGENCY'S contractor shall at all times during the term ofthis Agreement keep and maintain in full force and effect, at contractor's sole cost and expense, Comprehensive General Liability with minimum limits of $1,000,000.00 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability and Worker's Compensation insurance with minimum limits of $ 500,000.00 per Liability. Coverage must be afforded on a form no more restrictive that the latest edition of the Comprehensive General Liability and Worker's Compensation policy without restrictive endorsements, as filed by the Insurance Services Office and shall name DEPARTMENT as an additional insured. (b) AGENCY's contractor shall furnish AGENCY with Certificates of Insurance of Endorsements evidencing the insurance coverages specified herein prior to the begianing performance of work under this Agreement. (c) Coverage is not to cease and is to remain in full force and effect (subject to cancellation notice) until all performance required of AGENCY'S contractor is completed. All policies must be endorsed to provide DEPARTMENT with at least thirty (30) days notice of cancellation and or/or restriction. If any of the insurance coverages will expire prior to the completion of work, copies of renewal policies shall be furnished at least (30) days prior to the date of expiration. 10. The AGENCY may construct additional landscape/hardscape within the limits oftherights- of-ways identified as a result of this document, subject to the following conditions: (a) Plans for any new landscape/hardseape shall be subject to approval by the DEPARTMENT. The AGENCY shall not change or deviate from said plans without written approval by the DEPARTMENT. (b) All landscape shall be developed and implemented in accordance with appropriate ,£~. .;, ~..i z>^e-99 ~ it -•rq,.~n fa ~ „~.ii- `f Y'..5 I`'Y!'t3:: ~n tr_., h~`, 137..'3 ~ ~ _._':L~e Page 4 state safety and road design standards; (c) The AGENCY agees to comply with the requirements of this Agreement with regazd to any additional landscape installed; (d) No change will be made in the payment terms established under item number five (5) of this Ageement due to any increase in cost to the DEPARTMENT resulting from the installation of landscape added under ties pazagraph. 11. This writing embodies the entire Agreement and understanding between the parties hereto and there aze no other Agreements and understanding, oral or written, with reference to the subject matter hereof that aze not merged herein and superseded hereby. 12. The DEPARTiv1ENT, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money maybe paid on such contract. The DEPARTMENT shall require a statement from the Comptroller of the DEPARTMENT that fluids are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one (1) yeaz, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal yeazs; and this paragaph shall be incorporated verbatim in all contracts of the DEPARTMENT which aze for an amount in excess of TWENTY FIVE THOUSAND DOLLARS ($25,000.00) and which have a term for a period of more than 1 year. 13. The DEPARTMENT'S District Secretary shall decide all questions, difficulties and disputes of any nature whatsoever that may arise under or by reason of this Ageement, the prosecution or fulfillment of the service hereunder and the character, quality, amount and value thereof; and his decision upon all claims, questions and disputes shall be final and conclusive upon the parties hereto. 14. This Ageement may not be assigned or transferred by the AGENCY in whole or part without the consent of the DEPARTMENT. 15. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. In the event of a conflict between any portion of the contract and Florida law, the laws of Florida shall prevail. 16. Any and all notices given or required under this Ageement shall be in writing and either personally delivered with receipt acknowledgement orsent by certified mail, return receipt requested. All notices shall be sent to the following addresses: Page 5 If to the Department: State of Florida Department of Transportation 3400 West Commercial Blvd. Ft. Lauderdale, FL 33309-3421 Attention: Elisabeth A. Hassett, R.L.A. FDOT District IV Landscape Architect If to the Agency: City of Dekay Beach Engineering Department 100 N. W. 1 st Avenue Delray Beach, Florida 33444 Attention: Randal Krejcarek City Engineer LN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first above written. AGENCY STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Mayor /Chairperson Attest: (SEAL) Clerk Approval as to Form Date Transportation Development Duector Date Attest: (SEAL) Executive Secretary Approval as to Form Date ~ i «C...-'. 61 ~;^,riin ,i~ ~ti~ rF7~ }ois~,c ._i.n~.. ~j.~ 2 t'.AioQ ~ 4, +1gLn i ..y. -52C. f Page 6 SECTION NO.: 93030 FM A'O.: 413840-1-52-O1 411890-i-52-01,414162-i-52-O1, & 4056742-52-01 COUNTY: Palm Beach S.R. NO.: 806 Exhibit A I. PROJECT LOCATION: State Road 806 from N.W. 12th Street (M.P. 7.502) to S.R. AlA (Ocean Blvd.) (M.P. 9.163) II. PROJECT LIMITS OF MAINTENANCE: State Road 806 from N.W. 12th Street (M.P. 7.502) to S.R. AlA (Ocean Blvd.) (M.P. 9.163) IiI. PROJECT LOCATION MAP: ~" ~.. ,tlan[I ~ti M1. i'?~! .r'+A I'}r{ 3{!, u,;_i ..' ~). L.~ Jt.~~ ~ +;dCC ~:~a Benin Project End Project SECTION NO.: 93030 FM NO.: 413840-1-52-O1 411890-1-52-O1, 414162-1-52-01, & 405674-2-52-O1 COUNTY: Palra Beach S.R. NO.: 806 EXHIBIT B PROJECT PLANS The Department agrees to install the Project with a contractor in accordance with the plans and specifications attached hereto and incorporated herein. Please see attached plans prepared by: Gentile Holloway O'Mahonev & Associates, Inc. Dated: October ] 9.2007 *tavnt8 yr .a)A '1 i i,s~i'a ~ C<cilP.q~ a4-L~;Irsy@ rig '~ C",,~+~..y ... SECTION NO.: 93030 F'M NO.: 413840-1-52-O1 411890-1-52-01,414162-1-52-O1, & 405674-2-52-01 COUNTY: Sroward S.R. NO.: 806 EXHIBIT C 1VIAINTENANCE PLAN This Exhibit forms an integral part of the DISTRICT FOUR (4) HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT between the State of Florida, Department of Transportation and the AGENCY. Dated: October 31.2007 ~i '....~2. d c r{)~f:. Oar, K3A G6A Yt ~i'f~nl x~.-nt.:h ~ I ~!1'.4.`..,.~Inc MAINTENANCE PLAN Landscape and Irrigation Plans Project Name: S.R 806 (Atlantic Avenue) Project Limits: From N.W. 12th Street to SR A-1-A FM No.: 413840-1-52-O1, 411890-1-52-O1, 414162-1-52-Oland 405674-2-52-O1 Agency: City of Delray Beach The purpose for the following performance based descriptions of landscape maintenance practices is to allow the plant material on your project to thrive in a safe and vigorous manner. Plantings shall be maintained to provide required visibility and conform to all of the required setbacks as set forth by Florida Department of Transportation's governing standazds and specifications; FDOT Design Standazds (Most Current Date) and Standazd Specifications for Road and Bridge Construction (Most Current Date), as amended by contract documents. Waterine Reouirements: Watering is probably the most critical concern regarding the maintenance of healthy plant material. The amount of water to apply at any one time varies with the weather, drainage conditions and water holding capacity of the soil. Proper watering techniques should provide even and thorough water dispersal to wet the entire root zone but not to saturate the soil and should avoid over-sprny onto travel lanes. Furthermore, the Agency should maintain the rain sensors (if on an irrigation system), to ensure that they are functioning properly and that the system does shut down when there is sufficient rainfall Avoid extremes in watering. Light, frequent watering is ineffective and produces shallow root systems. Excessive watering that keeps the root zones saturated may kill the plant material due to the lack of available air to the root zone. A typical rule of thumb is that turf azeas should receive on an average, a minimum of 1" of water per week, with an equal or lesser amount for trees and shrubs, depending on their individual water usage. Irrieation: Ensure there is no roadway overspray or irrigation activities during the daytime hours (most notably rush hour traffic periods). Fertilization/Insecticides/Fungicides: Due to the poor shallow root soils of the South Florida area, coupled with heavy rainfall during the growing season, available nutrient levels for landscape materials aze very low, therefore nutrient amendments are. essential. A soil analysis of each planting site should be done to determine the nutrient levels needed for vigorous plant growth. Palms, shrubs, trees and twf areas should be fertilized in such a manner and frequency to enswe that the plant material remains healthy, without under or over nourishing them. An integrated plant management program is required to ensure healthy plants, free of disease and pests. Insecticides and fungicides shall be applied as needed to enswe that plants and grass remain pest and disease free. Palms, trees, shrubs and groundcovers should be fertilized at least once per year, either in early spring or late stimuner. Mulchins: Planting beds should be mulched in such a manner as to: prevent weed growth, retain moistwe for use by plants, protect soil from erosion and the loss of nutrients, maintain a more uniform soil temperatwe and maintain a manicwed appearance. Mulch should always be kept away from the trunks of trees, shrubs and palms to prevent rotting and susceptibility to disease. No Cypress mulch should be utilized. Prunine: All pruning shall adhere to ANSI A300 standazds (and safety criteria adhered to) and shall be overseen by an ISA Certified Arborist. The older fronds on the Royal Palms shall be routinely pruned to insure that fronds do not fall onto any travel lanes. All pruning shall be done with the health and natwal growth of the plant materials in mind and to specific pruning heights of the landscape material shall be determined in order to maintain cleaz site windows and vertical clearances for pedestrian and truck traffic where applicable. Visibility windows must be free of obstructions. The desired growth habit in landscape planting beds shall be such that shrubs of the same species shall develop into a single mass and be kept separate from adjacent masses of other species. Stakine and Guyine: All staking material (except for replacements) will be removed at the completion df the one year warranty period before the city takes over. Turf Mowin¢: All grassed azeas are to be mowed and trimmed with sufficient frequency to maintain a neat and clean appearance. Litter Control: The project site shall remain litter free. Weedin¢/Herbicide: All planting areas shall be maintained to be as weed free as possible with mechanical and/or chemical weeding, and where specified on plans, with mulch properly applied and maintained. When utilizing herbicide, extreme caze should be taken to avoid any overspray onto plant materials. Any damage resulting from overspray will be the applicator's responsibility to restore per approved plan. herbicide applicators must be Florida certified and have both Right-of--Way and Aquatic Certification as a minimum requirement. FM NO.: 413840-1-52-O1 411890-1-52-01,414162-i-52-O1, & 405674-2-52-01 COUNTY: Broward S.R. NO.: 806 EXHIBIT D PROJECT COST This Exhibit forms an integral part of the DISTRICT FOUR (4) HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT between the State of Florida, Department of Transportation and the AGENCY. Dated: October 31, 2007 I. APPROXIMATE PROJECT COST: $ 642,972.75 ~ ~i'~, ;_:a ~~ i.~ ,~ ~,-~. i. i n. i.: (: fir; :o-'-, vlr trtieyF i ,.-i'la ix ~ k, p/A,~' rf ~~~ . r'~~ ~ w~P- 9 f O Strtr O Item ~X~~N r ~~Uat~sC9s ~ f ~~`T~ata~ COS ~ ,f 523-1-1 PatteneredlTextured Pavement SY 1 576 $130.00 $204,880.00 526 1 2 L°~n e Paver/Architectural SY Srii plahts ~?~'~~~«c~~"~~~~~~,~~~~ ~Cbrti I e` 4 354 ~~'~'~t",~;~ $56 00 ~.~'~t~,~~~~ $243 824.00 ~~,~~_4~r~"i~~' ~~ . 12 00 316 00 $11 580-1-1 DwfCrownofThorns EA 943 890 . $ 00 $12 . , $10 680,00 580-1-1 Wax Jasmine EA EA 880 . $6 00 $5 280.00 580 1 1 ,.. Dwf Jasmine , ,~ ~ ~ r"„~ te° La ' ~ - F~ ,,- r ~ " ~M~ry~"~~y ~ z r ~""~f~~°~°, ~~~ , ~~,i~a;~M~~~~~~~ ~~ ~, -~a,x~'~~ 'c Fait ca . , ;- m . , 00 200 $18 580-1-2 Mont ome Palm EA 26 $700 00 . , 580-1-2 Ro al Palm EA 16 $1,500.00 $24000.00 580-1-2 Live Oak 1=A 28 $350.00 $9,800.00 590-70 Irri ation S stem LS 1 $84 375.00 $84 375.00 SUBTOTAL $612,355.00 MobifizationlContin enc 5.00% $30,617.75 TOTAL ESTIMATED CONSTRUCTION COST $642,972.75 Opinion of Probable Construction Costs S.R. 806 (Atlantic Ave.) ROW Landscape and Irrigation Plans FPID No. 413840-1-52-01, 411890-1-52-01, 414182-1-52-01 and 405674-2-52-01 Project Limits: From NW 12th Ave. to Swinton Ave. Maintaining Authority: City of Delray Beach, Florida Date: October 31, 2007 Irrigation Cost Estimate For SR 806 FPID #413840-1-52-01,411890-1-52-01; 414162-1-52-O1, arid 105674-2-52-01 Palm Beach County, Florida Quantities Item Unit Cost Total Unit Cost 207 12" Pop-up Spray Head 45.00 9,315.00 117 Flood Bubbler 25.00 2,925.00 1 Flow Sensor wNalve box 600.00 600.00 1 1-1/2" Pressure Vacuum Breaker w/Enclosure 1,750.00 1,750.00 1 8 Station Irrigation Controller 4,500.00 4,500.00 6 1-1f2" Electric Valve w/Valve Box 300.00 1,800.00 1463 LF Z-1/2" PV C SCH 40 Mainline 5.00. 00 10 7,315.00 600.00 1 160 LF 6" PVC SCH 40 Sleeve . , 360 LF 3" PVC SCH 40 Sleeve 6.00 2,160.00 490 LF 2"PVC SCH 40 Sleeve 4.00 1,960.00 165 LF 6" HDPE Pipe. 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BARCINSKI, ASSISTANT CITY MANAGER THROUGH: DAVID T. HARDEN, CITY MANAGER DATE: December 5, 2007 SUBJECT: AGENDA ITEM # U.O. -REGULAR MEETING OF DECEMBER 11, 2007 SPECIAL EVENT REQUEST -ART AND JAZZ ON THE AVENUE ITEM BEFORE COMMISSION City Commission is requested to endorse the next Art & Jazz on the Avenue scheduled for January 17, 2008 from 6:00 p.m. to 10:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for the closure of Atlantic Avenue from Swinton to the west side of NE/SE 7"' Avenue, Railroad Avenue from Atlantic north to north side of the east/west alley, and to the alleys north and south of Atlantic on NE/SE 1st Avenue, NE/SE 2"d Avenue, SE 3`d Avenue, NE/SE 4~' Avenue, and to authorize staff support for security and traffic control, banner hanging and removal, barricade set up and removal, trash removal and cleanup. BACKGROUND Attached are the special event permit request, budget, site plan, Hold Harmless Agreement, and Certificate of Insurance for this event received from Mazjorie Ferrer. Although we are not asking to close Atlantic Avenue west of Swinton, the event boundary will extend to NW/SW 5~' Avenue. Entertainment will be located in the library, in front of Atlantic Grove and in Clay Widemans Parking lot. The estimate of overtime cost for this event is $7,800. Cost for the barricade rental is estimated at $300. Based on the event agreement, the Downtown Marketing Cooperative is to pay the City 35% for all costs over $1,000 plus the full cost of barricade rental for an estimated charge of $2775. The estimated charges for this event are based on the new Event Polices and Procedures. This event is sponsored by the Sun Sentinel. RECOMMENDATION Staff recommends endorsement of the event, approval of the temporary use permit and street closure, staff support as requested, including barricades with payment of costs to the City per the agreement between the City and the Downtown Marking Cooperative. RAB/db Attachments U:\wwdata\Events\Ar[ & JazzWgenda Item Art & Jau on the Ave 1.17.08.doc ^^ RAY BEACH o s ~'® 20Qt ~F qo OF`• . ~`~b'. sF%,,s ~~,G ~Q F~,~LF Event Sponsor/Producer: ~ />i ~.r ~ Event Contact/Coordinator: I I Y~l ~(C~ ~'~~ - a - Name: Address: Telephone Number ellul r Numbe : - E-mail Address: YYYI~IXiP ~(Al~ . CAr/lef Planned Activities (Outline of activities/number of activities, i.e. children's rides, eames, other programs): _ YlfhlSl Pic, Number of Individuals Served Previous Year (if applicable): ~~ V ~~ QC'O Describe the targeted pop lati an e petted ttendance: 1 S(p IlI 1 Serving or selling alcoholic beverages: yes no (If yes, copy of license and alcohol liability insurance required two (2) weeks prior to event) Event certificate of insurance attached: yes ~ no (Required two (2) weeks prior to event naming the City as additional insured, also required for vendors) Playing of amplified music: yes ./~ no (Waiver required) ., D K,. Will there be entertainment: yes~c no (If yes, attached list of Performers and/or DJ's) If yes, sponsor agrees all entertainment will be~f~mily oriented and contain no obscenities: yes 7~ no Requesting Police assistance: yes no (traffic controUsecurity) Will supplement with private security: yes no_ '~ (If yes, need plan attached) Requesting Emergency Medical assistance: yes !~ no Requesting ban•icade assistance: yes no (If no, how are you handling?) Requesting trash removaUclean up assistance: yes J~ no (Will be billed to sponsor) Qak~S ~ ~M~ Requesting trash boxes/containers and liners: yes no Requesting stage use: yes no~_ (If yes, check type) Large stage (14' x 36') ^ Small stage (16' x 21') ^ Half small stage (8' x 21') ^ Requesting signage: yes no~_ Type: 4'x4'Event s' Parking Signs Banner hangin Indicate dates required (Waiver required if more t none (I) week prior to event) ' „ ~ p FR-~b PP~t o ~. - ~ ~ D Requesting City Portable Generator: yes no~_ (If yes, size & power) Food and beverage vendors: If yes, approximate number (Health Department approval required) no~ no C:~Documents and Settings~Lisi~Desktop~Special Event Permit Application FINAL 96.07.dw how the program or project addresses ppmr>~unjty needs: Describe your Marketing/Promotions Program ow will ou market/promote, i.e. T'V, radio, posters, flyers, web sit other): ` .. S S Sponsor Category (please check) City ~/I\Ion-ProfiUCharitable ^ Private ^ Co-Sponsor -Non-Profit/Private ^ (If Non profit attach proof of 501 c(3), c(4), c(ti), C(10), or c(l9) or (dam Event Location (Describe area boundaries of event/location): Site plan attached: yes_~_ no (Site plan required for entire event site. Include locations of tents, stage, portalets, dumpsters, portable lighting, and barricade location if applicable.) Rental of Old School Square: yes no~_ (If yes, attach proof of approval) Private Property Use: yes no~_ (If yes, attach letter giving authorization from property owner) y.3/ Event budget attached: yes no ~~ ~ ~~~ (Required for al[ events) Previous year Revenue/Expense summary attached: yes~_ no (Required for all events) Do you have cash sponsors for the event: yes_~ no (Indicated on budget) Do you have inkind sponsors for the event: yes~_ no (Indicated on budget) C:\Documents and Settings\Lisi\Desktop\Special Event Permit Application FINAL 9.6.07.doc Other vendors: (Indicate type) Tents: yes_~ no Ifyes, How many ~ What size or size required I O t >< t p ~ (Ifyes, tent permits and fare inspections may be needed) Will the event include amusement rides: yes no~_ (Ifyes, type and location and copy of liability insurance required, also requires state license and inspection.) Will the event be gated: (Show on-site map) yes no~ Will there be a charge for the event: yes no (Ifyes, indicate ticket prices) ~( Will there be fireworks or other pyrotechnics: yes no ~\ (If yes, contact Fire Marshal to obtain and complete permit application) Will there be cooking with compressed gas: yes no (Ifyes, contact Fire Marsha[ for inspections) Will you be providing port-a-lets for the event: yes no (Ifyes, locate on-site map. If no, indicate how you will handle restroom needs) Is reserved parking requested: yes no (Ifyes, indicate locations and purpose for use) Event Permit Attachments: / ~/ Revenue/Bxpense Budget Revenue/Expense Recap Last Years Event /~ite Plan f/l~etter Requesting Noise Ordinance Waiver / Letter Requesting Waiver Consumption Alcohol Beverages Proof of I~teri=~ofit Status ~/ General Liability Insurance Certificate Alcohol Bey~rxgEt,iability Certificate Proof of Rental Agreement or Authorization Letter from Private Property Owner _~Hold Harmless Agreement Submittal Date Requirements: • Minor Event 45 days prior to event • Intermediate Event 90 days prior to event • Major Event 120 days prior to event • Neighborhood Block Party 30 days prior to event C:\Dacmnents and Settings\Lisi\Desktop\Specisl Event Permit Application FINAL 9.6.07.dac d~ ty g ~~ Even~Contr or/C rdin or A n ~~,/~ Date Please print• ~F~•+1~--• Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.W. ist Avenue, Delray Beach, Florida 33444. Required with permit application. For Staff Use Only Date Received Application fee received $ C:~Documents end SettingsU,isi~DesktopVSpecial Event Permit Application FINAL 9.6.07.doc ~~ ~~ ~ ~ ~ ~ ~ ~~ $ ~ $ ~ ~ ~8 s ~ ~ v C N~ ~ ~ N ~ Oi ~! r O ~ m b O LLLL O O N ~- (0 a o c m py SZ FFii c m C c o~ ~ ~ E p~ p a E _ g °y p y r € 5 w ~ ~ 2 ° d ~ ~ o _e g$ ~ a o Y $ ~ E ~ C1 t _ . j L ~ c ~ 7i a _ ~ W_ 9 ~ S M W m ? c N ~ K W x U ~ ~ R' E W U> ~ m D . ~ U a' 6 ~ U ~ N~ 0 ' d H p Q Q S Q Q SS O QQ S QQ E QQ Q ?{ $ QQ ~x Q E QQ i5 S $ 4 K Q ~ QQ a g Q ~ ~ gg 7C (~ 3 iV lV N N a O pl ~ 10 a ~ ap m O $ ~ - -- -- --- -- - -- -- -- -- -- -- -- - - - -- -- - - - -- - -- - - ~ yy~~ aW ~ S g pppp 1p~ ~~ w ~ ~ r ~ M ~ ~ ~ ° ~~ N ^ B O _ ~ ~ dl O V O 2 ~ 7 m + ~ 8 8 1~ ~ !~ O O Ol m ~ N ~ tl II O tV q O ` lV P l 1p g y FFNN 8S 8 8 , 00 11 N lV O pe O y ~ 8 ~"~ m .w~ o m N ~ m W R$ ~ g N g ~~ b y W g e $ w ~ ~ e r L $ ssi O ~ ! f ~ r ~ m N f V ~ ~ y m n yQ 8d ~ gg gg S id i d m ~ g ~ ~ N a N q 2> C p ~ m $$ 2 jj ggQQ 5 2b ~i gg m ~ G p m g ~ C O H m ` g I Y ~~yy O p „ f 8 Il m M p r ro m p fV C O ~ O 7 7 a ~ N tr+l pN N l S 7 ~ (f l yp V ~ m a YI r pp Y C m T m ~ ~ ~ p8 Q4 m imp Q m m ~ od ~ ~ r l~0 8 `• m m o (V aj ~ '> r {QZ ~ ~ ' O Q ~ lV m N O N ~ Y C ~! uj ~ r O Cp O g8 N NN x ; ~ n C c ~ W 0 a ~ E 6 6 ° ~ ' o E E ~ c ~ ~ U ~ ,`~ c ~ ° E~ ~ ~ ~ a ry ° 0 m ~2, p w n c ~ m a a Z J o Wi w 2 ~ 2~' o ~ ° c S 8 7 M~ ,,~t cc ~. ~ " N O _ GG E d ~~ ~ c` ~ E ~ a= ~ W ! 7 ~ ~ g, yJ F H 0 ? ~ ~ O ' a c $ w ° ~ :a $ ~ ~ ~ ~ '¢ $ f oi ~a -- `mt- . U~ ~ o m n~ O ~- W z ~ ~? m m 3~ x a u 5~ mm U a c i SPECIAL EVENT HOLD HARMLESS AGREEMENT The Delray Beach Downtown Marketing Cooperative (comprised of the Community Redevelopment Agency, Downtown Development Authority, Chamber of Commerce and the City of Delray Beach) agrees to indemnify, hold harmless and defend the City of Delray Beach, its agents and employees from all suits, actions and claims including attorney's fees and costs attendant to any claim, litigation, administrative proceeding, appeal and judgment of every name and description brought against the City as a result of loss, damage or injury to person or property arising from and in exchange for the Delray Beach Downtown Markeing Coo erative use of City Facilities or property for the special event of • ~~p~dfrq-zz. and hereby releases the City of Delray Beach, its agents and employees from all suits, actions and claims including attorney's fees and costs attendant to any claim, litigation, administrative proceedings, appeal and judgment of every name and description brought against the City as a result of loss, damage or injury to person or property arising from the special event of ~~~~ ~~ ~/fi 2'y' • This Indemnification and Hold Harmless and Defend Agreement is only to the extent of insurance maintained by the Delray Beach Downtown Marketing Cooperative as covered under Scottsdale Insurance Company Policy number CLS 1334466 Downtown Development Authority William Wood, Presid nt Chamber of Commerce ,P...c .a a ,.._.~1~/~,~ Robert Barcinski, Assistant City Manager -City of Delray Beach y~o~ Frank Wheat, Chairman Ac24 CER7IFICA'I'E OF lIABILI7 Y INSURANCE ~ °"'~ waouca 1'ha plut id - 07 a o7 TNNf CEItTe9CATEIe UED ASANATTEN OFINFOp~ATIDN oMIYANDCONFER>fNOR1pNTgUPONTNECERT N7 r ps Agaacy, Iac. e30 R. s. 6th Aveania I C NCIDERTNISCERTIFN:A7EDOE8NCTAYIND,EX7ENpCN Oalr aY eaaah rL l34e3 ALTER THE CpVERApL AFFORDeD 0Y THE POLICIES aELOW. PhonerS61-17i-6731 faseS61-:t76-5244 IN9YRERaAFFORDIN6ICOVERAGE NAIC e Dalra~r 8~ap evCn Nktg f aa mm bb tt a MaM6l4 reeeq~y~ nyutuu rlalaatk a y smaeh f CIIa! it e 4 ~.10 a NlIN1ERC A Tray Hoch f ~lP4e3 Ru rctow nave ew ona,wrcow oeoerrreror. i1uY K1K awl aaraw. N11atIrY A = X CaY1KRCW.OR.iMIWaLIN CL9131aS40 ouws.ua n ooeu~ war ~uro ~u.owrao.uYOa scrmuten puma Npa71MOa MgFOWN~~U101 AIlI MffO CW1F u 0.M16 MNOa Oaa1lCTeu •tla Ol/33/07~ Ox/33/Oe tam ~ ~ 1-~~adiyn~Y i pYri!lWjt~~ ~ AYTOGNtY•fAACCCiNT pp77~~{ GI1CC ~ AYf001LTxF .... . eyaCial fwnt - 6 Art ~ Jaaa era the Ataaua. City o! Delray reach is iiatad as additiogal insured. City o! Delray Beach x00 IV•.M. iat Avenue Delray Heach !L 33414 CITrD-1 I OuOraoMN Or Ta cove aeauuaeo rouap M rAMe~LLaD aawaraa airw~aw oaTenaauor.naeewoxauaawnL~vaarowu 30 pnn~ MomaTpTNa eellrwoATllWlalwaN+ea io natar~. our F~ILyq Tp oo ae RItLL aeae No oew~rwu ua uuum or unawo uroa me aaupa4 m~a~wu oa i 0 M a ,~ .. d a E 0 c.~ e~ ~ ~ ~ ~ 4, E A ^ ~ O Cl O N r` a r- qc+ m ~ ~ ~ ~ ~ c m ~ ~ m c m ry ac w a ~ ~ , ' r« Q Uf ~~~ 4 ~ ,., # ~.r~ „~ . , ,. 3 r 0 4 f '~ ~. ~' ._ ,. MEMORANDUM TO: Mayot and City Commissioners FROM: Frank Babin, Risk Manager THROUGH: City Manager ~~ DATE: December 6, 2007 SUBJECT: AGENDA_ITEM S.P. -REGULAR COMMISSION MEETING OF_DECEMBER_.1 X07 CONTRACT RENEWAL/HB ACTUARIAL SERVIC~_I_NC. ITEM BEFORE COMMISSION Renewal of current property and casualty actuarial contract with HB Actuarial Services, Inc. which expires on 12/31/07. BACKGROIIND HB Actuarial Services has provided the City with professional and satisfactory services since policy yeaz 10/1/01-02. Data provided is used to prepare financial statements and the Risk Management budget. With the concurrence of Human Resources Director and Finance Director, and under the attached contract as prepared by the City Attorney Office, staff prefers to continue with sazne actuarial services vendor. The cost of the agreement is $12,000 for the first yeaz with a 3% increase each yeaz after the first. FUNDING SOURCE 551-1575-591-31-90, other professional services RECOMMENDATION Commission approval is required and requested to continue with the professional services as provided by HB Actuazial Services, Inc. for a five yeaz period as presented in the attached contract. Smith_ Douglas From: Babin, Frank $gM: Friday, December 07, 2007 1:58 PM To: Smith, Douglas Cc: Gaskins, Lanelda Subject: H.B. Actuarial Services Agreement Attachments: 3% revised 2008 hb aduarial svcs agrtnntdoc In a nutshell, the a-mails below will explain that the subject actuary FORMALLY agreed to accept a change from the original 5% to the City Manager's required 3%. Brian Shutt directed that all we had to do was change the "5%" to " 3%" as on the attached and replace the original "5%" first page of the Agreement with the revised " 3%" page. I think that should do it. From: Shutt, Brian Sent: Friday, December 07, 2007 1:38 PM To: Babin, Frank Subject: RE: Three Items... ok, you can make the change Brian Shutt From: Babin, Frank Sent: Friday, December 07, 2007 1:35 PM To: Shutt, Brian Subject: RE: Three Items... I have the following a-mail from actuarial: OK, 3% is acceptable. Hayden Burrus. FCAS. MAAA Principal Ac[uary HB Actuarial Services, Inc. 10 Northeast 6th Street, Suite 200 Delray Beach, FL 33444 (561) 279-2323 fax: _561 270. 6433 hburrus(r~hbactuarial.com www.hbactuariaLcom ----Original Message----- From: Babin, Frank [mailto:Babin@ci.delray-beach.fl.us] Sent: Friday, December 07, 2007 11:18 AM To: Hayden Burrus Subject: Proposed Contrail for 2008 12/7/2007 AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND HB ACTUARIAL SERVICES, INC. THIS AGREEMENT entered into this _ day of , 200_, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter referred to as City) and HB ACTUARIAL SERVICES, INC. (hereinafter referred to as HB), provides as follows: WHEREAS, HB has provided the City with actuarial analysis and currently has an agreement with the City that will expire on 12/31 /07; and WHEREAS, the City wishes to continue the relationship with HB. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: 1. Services to be Provided: HB shall perform an annual actuarial analysis of Delray Beach property & casualty outstanding retained losses as of the fiscal year end. 2. Pavment: The cost for the analysis will be $12,000.00 for the first year with a 3% increase for each year thereafter. If the City requests additional services that are beyond the scope of the actuarial analysis, HB will notify the City of the costs and will only proceed upon approval from the City. Payments are due 30 days from the date of each invoice. 3. Notice: Notice shall be made in writing and may be given by personal delivery or by mail. Notice should be addressed as follows: CITY: City of Delray Beach Go Risk Manager 100 N.W. 1g~Avenue Delray Beach, FL 33444 Hg; HB Actuarial Services, Inc. 10 N.E. 6`h Street, Suite 200 Delray Beach, FL 33444 4. Term of Agreement: This Agreement shall become effective upon 1/1/08 and shall expire on December 31, 2012. This agreement may be terminated upon sixty (60) day's written notice by either party with or without cause. 5. Govemina Laws: Venus. This Agreement shall be governed by and in accordance with the Laws of Florida. The venue for any acfion arising from this Agreement shall be in Palm Beach County, Florida. 6. Entire Astresment This Agreement constitutes the entire agreement between the parties and supersedes all prior oral or written agreements. No waiver, modifications, additions or addendum to this Agreement shall be valid unless in writing and'signed by both parties. 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: Rita Ellis, Mayor Approved as to form: City Attorney /} TNESSES: (/ PrintPrint Name `,(,,~ e ,l,(~C~,u,~ AM)/).,t NA Lk)tQVQr HB AC ARIA ERVICES, INC. By: CI (Print or a name) Print Name State of Florida County of Palm Beach The foregoing instrument was acknowledged before me this ~~ day of ~~ , 2007, by N Aden r u 5 as Dr~e:dent• (name of offifficer or agent, title of officer or agent), of ~~ u .r 1 r (name of corpora#ion acknowledging), a a. (state or place of incorporation) corporation, on behalf Of the corporation. He/Ske~ is personally known to me or has produk~d j~t,rer ~f t+csn~ (type of identification) as ident~ca6on. ~ 13(020-328-48-3d7-O Notary Pub' Cstherlns inglesd comnr.slon * oosessrs Expitas July 22, 2010 - Mn W tq iW.Y~rme1. Me. IOOJGJ019 MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Mark McDonnell, AICP, Acting Director of Planning and Zoning THROUGH: City Manager ~~r I DATE: November 28, 2007 SUBJECT: AGENDA ITEM 8.Q -REGULAR COMMISSION MEETING OF DECEMBER 11.2007 REPORT OF APPEALABLE LAND USE ITEMS 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. Afrer 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 heazs appeals of actions taken by an approving Boazd. 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 Boazd - 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; 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 stmcture. 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, regazding 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 Appearance Boazd -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 4d' Street and NE 3rd Street (325 Pineapple Grove Way). B. Approved (6 to 0), a request for a new master sign program for the 10th Street Commerce Park, an existing industrial development, located on the south side of SW 10~' Street, west of Wallace Drive (1100 SW 10th 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 4th Street, east of the FEC Railroad (360 NE 4th 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 Sd' Avenue, just south of Lake Ida Road (345 NW 5th 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 pazking lot. • Approved (4 to 0), the request for relief from LDR Section 4.6.9(F)(1) which allows a reduction in the required pazking. A reduction from 7 parking spaces to 5 parking spaces was approved. 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 13th Avenue, between SW 7th Street and SW 10th 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. F. 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 Boazd 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). RECOMMENDATION By motion, receive and file this report. Attachment: • Location Map MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner ~^'"~~~~ Paul Dorling, AICP, D' ctor of Planning and Zoning ~~~ THROUGH: City Manager, DATE: December 6, _2007 SUBJECT: ITEM BEFORE COMMISSION The action requested of the City Commission is review of appealable actions which were made by various Boards during the period of December 3, 2007 through December 7, 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 December 3 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 (7 to 0), of 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; 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. City Commission Documentation, Meeting of December 11, 2007 Aooealable Items Tabled (7 to 0), a City initiated amendment to the Land Development Regulations which intend to clarify the current regulations, provide parameters, and define compatible development within the Historic Districts. The amendments intend to provide an objective way of providing compatible new development within the City's five (5) Historic Districts. The Board requested that staff further study the lot coverage percentage and the number of stories portions of the regulations for the five historic districts. Historic Preservation Board -Meeting of December 6, 2007 A. Approved (5 to 0, Keith Snider and Roger Cope absent), a request for a Certificate of Appropriateness associated with the installation of an under canopy and a wall mounted sign for a contributing structure located at 16 South Swinton Avenue. B. Approved (5 to 0), a request for a Certificate of Appropriateness associated with the installation of impact aluminum windows for anon-contributing structure located at 211 NW 1st Street. C. Approved (5 to 0), a Class III site plan modification, landscape plan and architectural elevation plans associated with a 1,072 sq. ft. building addition for Hammad Shoppes, a non-contributing structure located at 139 NW 5th Avenue. Concurrently, the Board took the action on the following waivers: Recommended to the City Commission approval for a waiver request to LDR Section 4.4.13(F)(1)(a) which requires a minimum height of 25' within the CBD zoning district. Recommended to the City Commission approval of a waiver request to LDR Section 4.6.16(H)(3)(d) which requires that a 5' landscape barrier be provided between the off- street parking area or other vehicular use area and abutting properties. No other appealable items were considered by the Board. The following item which was considered by the Board will be forwarded to the City Commission for action. Tabled with direction (3 to 2), a recommendation to the City Commission for City initiated amendments to the Land Development Regulations (LDRs) for Ordinance 38-07, which intend to clarify the current regulations, provide parameters, and define compatible development within the historic districts. RECOMMENDATION By motion, receive and file this report. Attachment: • Location Map 2 N ~~~~.~_~~~ CITY LIMITS ~~~~^~^~ ONE MILE GRAPHIC SCALE CITY OFOECRAYLiEAGH, FL PLANNING & ZONING DEPARTMENT DECEMBER 2001 --DIGITAL SASE MAP SYSTEM-~ MAP REF: 5:\Planning k Zoning\DBMS\File-Cab\CC-DOC\12-11-07 CITY OF DELRAY BEACH. FLORIDA 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 ITEM # -REGULAR MEETING OF DECEMBER ll~ 2007 CONTRACT AWARD TO RSI OF FLORIDA. INC. FOR THE RE-ROOFING OF FIRE STATION NO.Z P/N 2007-032 TTEM BEFORE COMMISSION This item is before the Commission to approve a Contract Award 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. 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 areas anal parapet walls (No Roof Tile). New modified built up roof system on flat and parapet roof areas, stainless steel roof hatches, roof drains and two aluminum air condifioning 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. Bid tabulation (Schedule "A") and location map are attached hereto for your reference. Funding is proposed from account 3346112-522-46.15 (General Construction Fund/Roof Repair- Fire Station) RECOMMENDATION 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 Evc Location Map/Bid Tab, Scheduk "A" Cc AgenOa File l2-01.200] P/N 200]-032 (E) S.s. i Q °o °o °e °o °e a °o o °o °O W ni o c o 0 0 0 ~'+ , o 0 m y p O N O O w O O O G N N N M N O N ~ M w Q LL N W c U z N v ° ° ° ° ° ° o ° ° ° 'c o o o o o o o o o 0 0 0 o ni ~ 0 m 0 o o u a n e o 0 m m m e m i s e a vi w in r ~ wi w o w r i $ ai w ~ _ w w m . ~ u c c O ~ ~ m C O m o e o o e o 0 0 0 0 O 1' m o O O o O o 0 0 0 0 A~ y N O N O O O O ' N O O ~ O Q O O A w O O O w m f r lV G C N W N M N ~ N w !- O w 9 fG ~ LL m N C 9 W q J C c c F g ~ 2 a a o ~ t0 W T ~ Y Y mne c ^~ c W y m $° p E . . m V m ^ n W C C~ O ~ C mL 9 m~' p o g c n °. ~ ~ m ° a a e c E a m `mums = _~ na1 W r m ~ c O O d tll U C •R• m 0 V 9 O O ~ P v ~' E m ~ m c m ~ s m m m 3 c c ; E ; m - E u 5oLL t ~m ~m ¢ o m r ^+o E m % W Q y6 m p m {Tj q m ~ c p m C O S 9 C N C ~ ~ l.1 ~p G a C m > '~ ~" W O W d W W c m O Ol c C ~ i ~ G E _ E a ,c ~ _ ~ c a n c c m w c ~ " m V m ~m~ ~ a~ ~_ ~ ~ v _ r m f as . ~ c m r ri v e 3 ~+ m r I- Q » of ~ 'P'OhA Aiti I i __ i ~~; ~ '--'' ~%...- .. 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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 Awazd in the amount of $174,993.00 to RSI of Florida, Inc for the re-roofing of Fire Station No.2 P~ 2007-032. The work generally consists of the following: RSI Roofmg, 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 ail the flat roof areas and parapet 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 condifioning 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 w(th Comprehensive City Attorney Review/Recommendation (if applicable): Budget Director Review (re on II 'terns involving expenditure of funds): Funding available: ES O Funding alternatives N/A ('rf applicable) Account No. & Description #334-6112-522-46.15 City Manager Review: ~~-, Approved for agenda: ,6YE511J0 y?7n/ I Hold Until `--~~ G ,~ Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved cc: Pgentle FllB ,z-04-z00] Fl1a 300]-0ffi (E) MEMORANDUM TO: Mayor and City Commissioners THRU: David T. Hazden, City Manager Richazd C. Hasko, Environmental Se ices Director FROM: Begona Krane, Engineer SUBJECT: AGENDA ITEM - CITY COMMISSION MEETING OF DECEMBER 1L2007 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 award represents the next Phase of improvements. The engineering staff reviewed the submittals and concluded with the recommendation to awazd 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 parking lot at the Delray Beach Swim and Tennis Center Project. CC: Agenda File 12/04/07 File 2007-O1 t (E) C.\DOmmmts end geaings\smichd\LOCaI gminga\Temporary Intemtt Files\OLK662Wecember agmda memo doc 8.S. z O .] d ~'y z°9 &m ~a 8 ~ 8 ~ 8 ~ $$ E B $ ~ 88 ~~ $ ~ QaQa B $ ~ $$ ~ ~ $ ~ 8 ~ $$ ~9 $ ° $ ~ ~ AR ~ ~ $ ~ $ ~ "8 ~~ 88 ~ g $$ ~R $'$ ".f N N ~ + O N N t~ M~ Y NN N N N „ y y N A P M y M ~ N N N N N M S N g N • Q$ S ~. ~ $ ~ p C 'q? MR p 4 O $ gy M.~ i,$ iM g ~ ~ SI C G 88 ~S $ ~ p % "~ Qg$ E~ $ ~R Cp$ '? ~ ''R M., « IN~,~ ~8 yY~t g « NN CC f~Y[O$ ~'N C '}QOg{y$ NN $~ '~A . ~ ~ ~ ~ ~ 9 ~ s #53 s ~s 3 ~3 s s $ $$ $ $ $a ag a e a sgm ~ ~yym ~$ sgsg ~~ „ 9i z S X~ ~A ~ ~ fi» ~ » A ~ ~ ` d 8 $ 9!~ '$ ~'. ~ '.C ~ ~y $8 8,, .x $8 8 $ $ `a. `Z. "a ,~ ~~ $$ $~ . N ~~ gN N Y AN YR Z ~ '" t i $ $ F p i ~ $$ s s.8 a as s $ e s sa ~ s $$ a ~ $ $$ $ s$ $ $$$ ~ ~ s F N ~ 88 ~5 8 ~ 8 ~ 8A ~» $ 3a 88 ~g 8 K 8 ~ $ ~ 8 ~ 8 ~ 8 ~ 88 ~» 8 ~ 8 '~ 8 ' 8 » $8 »» 8 ~ 8$ ~~ 88 ~A 8 B R ~ ~ ~9 9 5 3~ .'~ yy h 5 9 5~ ~ ~ 9~ ~ i ~ 3 `m ~ ~ w3 ~G ~ ~ b B ~. ~ $ ~ ~ ~ tl ~ ~ ~ ~ ~ ~ ~ m y ~ ~ ~ ~ g ~ ~ ~~ ~ ~ e ~ ~ ~a s ~ ~ ~ ~ ~ ~ F ~ $ ~. 4 ' m ~ a~ > ~ ~ « + ~ c - . - n ~ ~~ j~ B~ d ` s~ ~3 g _ - = - -- - - _ a a as a a^ ar R L I N T O N B L V D wi r LAVfa•s 5 ~~4~ P~' o ,' cw 3' y c$"~ 6~ O ~y a 3= s ROAD ROAO 8 MAII.PND DRIVE ~ -~ HERON ORI~E a c° U CIJ~LEW T1 ROAO CITY of DELRAY BEACH THE DELRAY SWIM & DAlE:7-02-07 B~MRONMENfALSERVIC68DEPAHI1~B~fi TENNIS CENTER WEST PARKING LOT ~'~1SB1" ~wewmeMxrvNA+~A~e.osn~r~AatitaoAww LOCATION MAP 200fi-011 Date: 27 November .2007 Request to be placed on: AGENDA ITEM NUMBER: U • U ,Consent Agenda -Regular Agenda -Workshop Agenda -Special Agenda When: 4 Decemher. 2007 Description of Agenda Item (who, what, where, how much): This item is before the Commission to approve the contract with Total Quality Conswction Services, Inc. for the eons[mc[ion of Swim and Tennis Center west parking bt in the amotmt of $156,727.74. The scope of work includes consuudion of t" asphalt overlay, FDOT type "D" concrete curb, pavement marking and signage, S' wide concrete side walk, and 100 square yards asphalt patch and tree root removal of existing parking lot. The project also involves asphalt removal, new parking lot lighting and landscaping. Recommendation: -Staff recommends approval of a Contract in the amount of $156,727.74to with Toml Quality Constme[ion Services, Inc. fo[ the Swim and Tennis Center west parking kt Project #2006011. Department Head Signature: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving eapenditure of funds): Funding Available: Yea / No Initials: Description Above ll7 -~ 13 3 ~ S ~Z . GS --S ] cSl/~i n'1d' ~ f A.p../S Account Balance: N!A ~~~~ ~~/ 6 ~ ~ ~r /~~~ W Funding Alternatives: (if applicable) City Manager Review: Approved for Agend Yea No Initiela: Hold Until: Agenda Coordinator Review: Received: 3:\EngAdmin\Projecta\2006\2006-011\OFFICIAL\bid#3 december 2007\december agenda requeat.doc MEMORANDUM TO: Mayor and City Commissioners FROM: Sharon L'Herrou, Administrative Officer THROUGH: Joseph L. Schroeder, Chief of Polic David T. Hazden, City Manager ~-~- ~5~~~+~/t1 DATE: November 28, 2007 SUBJECT: AGENDA ITEM -REGULAR COMMISSION MEETING OF DECEMBER 1 007 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. BACKGROUND Extensive research was conducted regazding 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 SOURCE Funding for this purchase is available in the Vehicle Replacement Budget, account # 501-3312-591- 64.20. RECOMMENDATION The Police Department recommends approval. ~~ ~~~ 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 Atlantic 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; Schmitz, 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 City of Delray Beach Office (561) 243.7333 Fax (561) 272.5366 Email tumell~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; Schmitr, 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. I 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 L/~ DELRAY BEACH POLICE DEPARTMENT MEMORANDUM TO: Chief Joseph L. Schroeder ',~`~~~ FROM: Captain Jeffrey S. Goldma~~II.J 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 4z4 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 orotectioa: • Vertical panels and all windows armored to defeat multi-hit 7.62 x 39mm & 7.62 x S lmm rounds • All seams double welded inside and outside • Windows aze bullet resistant glass-clad polycarbonate 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-Off 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 Featares• • 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 rear 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 rear view minors • (4) Heavy duty tow hooks; (2) on front bumper, (2) on rear bumper Ouote #: J07111501 November 15, 2007 DEL RAY BEACH POLICE DEPARTMENT BATT-S Page 2 of 3 Features Coat • Exterior painted to (Customer Choice) (White, Black, Blue, OD Green) Non CARC • Roof Painted White for help with Temperature control • Extended Reaz Bumper with 2"" drop down step for deployment • (2) Remote control Spot Lights added to corners 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 Scecs: (Included is once 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 reaz 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 Ouote #: 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: S99,985.00 Trade In Allowance for 1997 Union Ciri Bodv Used SWAT Unit: 511.000.00 Total Due for BATT -S minus Trade Allowance: 3+ *Pritt does not include freigkt Pritt Ea Works Pittsfield, MA *Approa. Price based on a 51.30 per mile from Plant: 51,850.00 *Trock can be picked up if preferred Diesel Engine Upgrade: 55,500 ~/' //~ T_ `a 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) Sgt John Ctane-Baker Delray Beach Police Department 561-239-2827 15, 2007 Page 1 of 1 https://www2.mydelraybeach.com/exchange/Cranebak/Inbox/SWAT/FW :%20Pics%20of%20SW AT%20V... I 1 /13/2007 Page 1 of 1 https://www2.mydelraybeach.com/exchange/Cranebak/Inbox/SWAT/FW : %20Pics%20of%20SW AT%20V... I 1 /13/2007 PrOtechngOur Na[inn's Chfentlcrs"' BsarCat OMGaI GSA Net Price List w/ Option Prices Contract # GS-07F-0390M Et7sctive Date July 7, 2007 thru June 30, 2072 Schedule Number 539-SINS 428 99 GSA Contracting OfFlrsr -Cary Grigsby Phone: 87778-2485 - E-mail: cary.grigsby~gsa.gov Item: Lanco BeerCat (4WD, Rotating Hatch; Counter Balanced) V70 Gasoline Engine is Stanard Options: Diesel Engine (Recemmended for Prolonged Idling) Run-Flat Tires: Set of (6) Roof Mounted Remote Control Spot Lght for (1), (Max 4) Radiation Detection Package Explosive Gas DeteGion 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 Watl w/ Battery Charge Feature Electric Power Winch (Deletes Front Storage Area on Bumper) Radio Prep Package (7) UnR (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 (Poewne9c ur risen) Ballistic Skip Round Shield (1) Seat Bells 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 Cobr Moncton (2) Mid Back Seats in Rear (Bench Seats Shortened) 19.5" Spare Tire with Run Flat 22.5" Spare Tire with Run Flat Supplemental Fbor Armor/Blast Shield (BearCat OCONUS) Heated Windshiekt Upgrade Ford F550 Service Manuals 22.5" Tire and Wheel Upgrade Front Mounted Receiver with Ram Post and Plate Rear Tow Hitch MEDEVAC (4) Lilter Pk9 SCBA Syateml To include Bottled Air/10 Inside Attach Points PROPRIETARY Product # Retell GSA Net Price BC55003 E 792,000.00 $ ,y„~,;.~F 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 $ 2,000.00 $ 1,914.00 PCINT $ 3,000.00 $ 2,871.00 BCPINV2 $ 2,650.00 E 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 E 2,034.00 BCLEd $ 3,055.00 E 2,924.00 BCVSPL $ 4,250.00 E 4,068.00 BCVSPT $ 11,500.00 E 11,007.00 BCBSRS $ 1,500.00 $ 1,438.00 BCSBLT $ 1,300.00 $ 1,244.00 BCMI'UR $ 19,500.00 $ 18,664.00 PCPJ $ 2,150.00 $ 2,058.00 BCBU $ 2,400.00 8 2,297.00 BCTI $ 30,000.00 $ 28,714.00 BCMBS $ 1,600.00 $ 1,579.00 BCSTRF $ 1,650.00 E 7,579.00 BCSTRF2 $ 2,761.00 $ 2,643.00 BCSFA $ 5,500.00 $ 5,264.00 BCHGW $ 2,250.00 $ 2,153.00 BCFMNL $ 475.00 S 455.00 BCTWU $ 7,940.00 $ 7,600.00 Open Market Item $ 3,500.00 $ 3,500.00 Open Market Item $ 500.00 $ 500.00 Open Market Item $ 19,875.00 E 79,875.00 Open Market Item $ 25,000.00 E 25,000.00 FOB Origin, Freight Pre-Paid and Added By Vendor to be Invoiced on Separate Line Rem Time of Delivery 120 Days + or -Standard Commercial Wananty SpecHicatlons Subject !o Change. 10 BETNR Industrial Drivs • Pitbfield, MA 07201 • PH (473) 443-7969 r FAX (473) 445.7665 wwwArmoredTrucks.com • www.SWATtrucks.com r~k ProtG;[ my ©ur Nation's Ile f e ntlcrs `"' B.E.A.R. Official GSA Net Price List w/Option Prices Contract # GS-07F-0390M Effective Date July 7, 2007 thru June 30, zotz PROPRIETARY Schedule Number 53f/~SINS 626 99 GSA Comracting OMcer -Cary Gdgsby Phone: 877.978-2485 - E-mall: cary.gdgaby~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 Opgons: 4WD, Four Wheel Drive Option 64WD70 $ 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 Lght 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 8 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 8 Monitor BBU $ 2,400.00 $ 2,297.00 Thermal Image 8 Color Camera w/Flat Screen Color Montor BTI $ 30,000.00 $ 28,714.00 Chassis Parts 8 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 3 Added f3Y Vendor to De Invoiced on Separate Line Item Time of Delivery 120 Days + or -Standard Commerdal Wananry SpeclNCarions Subject to Change. 10 BETNR Industrial Ddve • Pittsfield, MA 07201 • PH (413) 4437388 • PAX (418) 4487888 www.grmoredTrucks.com • www.SWATtrucks.com LENC[1 ... 3~'r~,ari I i~tq ihir N,iGiar'~ DE'~s~nrlt~vr ' The Lenco BearCat® Ballistic Engineered Armored Response Counter Attatic Truck Standard Features ~ Eauioment Armor Materials and Defeat Cauabilities • All Vertical Opaque Panels and all Windows Defeat 7.62x51mm AP Armor Piercing and all lesser threats such as: 7.62 M-80 NATO (41M requirement) and 5.56x45mm M-193 NATO (.223 Caliber FM]), and 5.56x45mm 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 Securiri 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 (i) 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 Raits, both sides and full rear • (2) Front Doors with Key Lock -Hinged Rearward with Hold Backs, Battle Bolts all Doors (Forward Opening Doors Available) • 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 Front & 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 Sc 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 Soecifications 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. 8CS:03/06 ~.. r~nn•rr~y~,yv ~',uinn. iA~1r:Gxi~r. Because the Colton Polioe Department has S1GAf mtd gang->uppresion teens, it is im- portant that officersrs have the right kind of eyui}xnent, (x vraid_ to tune 2004.x_'0-tear-oldl'Ont4lra rnan r+as landly shot in Cota>n afmrhijnckurgaoar with two women in it and nrvurung a police vehicle during a pmsuil. 32uton saidhe aku~sci t tmev: if the department teould have had time k> mu- hiliuthe f wllel-nsistani ve}nolc in that situa- tion lxc:ause the "stL}xP.t teas very mobile." [t vvould ix morn for rescuir~, ciliaens atxl otliccrs «hure there is gunfire orhigh risk or dr!rin~ nor situationti " he said. Patin Springs Iwlioe purchased a Lenar 13earC'at armored vehicle for a little over $7U0.OW Iasi month. Coltrnt }xrlice added an 8-ton memlxr to its hxco this mortih -- s diesel-}wtacn:d, bullet-resistant vx;luclc egtnpped w$h gun 1x'rtis_ The Ford F-~?0I rune truck will be deptov ed if officers exchange grmfrro with suspects, rescue amone injured during a gun battle or serve high-risk search wan wits, Policy Chiet~Ken Rulon said. Sgt. Mitch Spike, a departrnent spokesman, said officers recognized the need fin an annered vehicle in 1997 vv-hen they responded to a sha~ting near the outskirts of [ouvn that killed rivo Riverside CourrR~ sherdPs depuhcs. "They ~ ere shot and bleeding and to=e eouldri t go in and get them because shots there still being tired," Spike; said. A1Quwgh there Itavc~rt[ been any lull-trot gun battles in rcuart }errs, oRTeers have had to an~c~t suspcots in places that cotild he threaten- ing, Lt. Mark Chvetrs said. "'Phe most recent incident we had uas when there was s stu-pest that we needed to arrest who we believed could tie armed and dangerous," Owens said of a watrmrt -erved last fall. "'Phere was only one rvag lulu the home where the sus}x~ci teas and one way out, and that wrild havcput ofticersiuacompromisin,situadorL" The $20Q,OC1(1 veltlale was purchtesed with money collect«1 wfien crSmi- n ah avets are seized. R hrs a d0-year life span, Ruktn wed. Other Inland lxflice agencies also have btillet-resistant vehicles or depend on [he one or+ncd by the Shetitl's Ihpar~nent. To make sure ecen~one is safe during an} event other police agv~rt- cies may borrow Cohorts vehicle dmvtg an eme ~encv or to sen-e tvatrants.Rulon said- "It'satoo]and weshouldlet others hate access w it [o make their'lob safer and to protect the public ° he said. the vehicle is under the SWAT te:un's command and has lx;en used throe times since it was delivcmd cattier this month,Rulort seed- the trus:k vvas used to serve drree separate se:unh warmnis and ig dis- played during city events, srwtt as Unit} Day, he said. Councilman Richard I?ei,aRosa said he is glad the department was able kt purchase the vehicle without any cost tc incidents. "With tdl the gang wars going on in San Seroardino and sunotuxling cities, you sc-c crime is only getting worx: as fur as fm conumed, so it's a benefit to hate something like this in Colton," iJel .aRosa said. The Corona Police Department uses an armored car for high-risk sce- narios buthas noplans for new additions to its fleet, Sgt Neil Reynolds said. Temec ula_ ],eke El.;inore and Moreno Valley do not have ar- mored ce}ucles. Lt. Joe Cleary, a Moreno Valley patrol su}rcn isor, said his olTicers tauild welcome the addition of that type of velncie, al4hongh it oould be impractical. '"[here istr't a hard and fast answer to it," Cleary said. "Yee, it would be nice to have, but, in terms ofregular duties, it {could) lx; sitting arormd in the marking lot." Police io the Yass also see the need for an armored vehicle becmrse. a booming population will prolably lead to an increase in crime, said Lt. Mike Mass of the Calitorraa lISgFnvav Palml. "11re1nterstatelOcom- dor beh;~een Cabaz_on and Calimev+ Is as ripe kor gun betties as <my otherJnlandheewmv Mass said. In Cabazon last Tune, t-10 was closed when pofiec and a Coachella Vallee homicide sus~et Exchanged at ]cast 90 rounds. No one vvas injured, but investigators worked for 12 hour, processing. hvo crime se;enes straddling the Fields Road offramp. Traffic was stacked up for more than H7 miles. "Something like- that could easily happen out here," Mass said bti phone lrom the CIiP soh,t:nion in Beamnont, However, LL John Acosta said he e~ould not recall a single gun battle in Beaumont dicing his la years with thecitv's Police Depar<meuL "1 don't think artnn there vtt," Ai:osta said "fucsdzw. Staf,Jlnnters lmran I ittachi, Uavitl Ilernunt, Pah~tek (J'Veil, Parr! DeCm1a cord Jalnr dsburv corrb-ihuted 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 G!eg Vejtko r the Press-Fnterprice Page 1 of 2 Crane-Baker John From: Richard Newcombe [Ridiard@alpineco.com] senh Tue 11!13/2007 3:17 PM To: Crane-Baker, John Cc: Subject: RE: Web2: SWAT Fbrida, John Crane-Baker Attachments: Mr Crane, I'm not sure what happened to my first response to you, I apoklgae 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 Lento Bear truck, and it also comes with 4x4 capability. As you probably know, Alpine Armoring Inc. (www.alpinew.com) 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-diesel engines that is available for sale RIGHT NOW as shown below. The seating capacity for the crew 's 8 to 10 crew. The protection level for the armoring on both the steel and ballistlc glass is level A9 (~ <<i?.' ;-~ _ _ ). This truck can and will be painted your choice of color at no cost to you. I highly recommend this truck. The spedat sale-price is onf[r #149;800: Please click on the links below for more details. http://www.alpinecact~+n;'n ivc~iah~ry,"swat-trucks; oit-b! iI15&8a.htrni To watch a video for this truck, please go to this page of Alpine Arnoring's web site (h±*i;; ~ ..v,atp~~~ c~:.c~nirneves; index.htmq, then on the left side, under the heading "TV Appearances and videos", click on the sixth icon from the top "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/invoice (with or without using the GSA as your contract) as soon as your department is ready to confirm the order. Thanks again, and it will be a pleasure to be of service bo 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 rchard@alpineco. tom 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 tiD the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by replying 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/Cranebalc/Inbox/RE:%20Web2:%20SWAT%20Florida,%20Jo... 1 I /15/2007 Using a winch and the full force of the machine, the Bearcat handadly ripped away a steel barred door bcforo officers fun- nelcdinto thcbuilding. 'Sheriff's Officcl Search war- rant! Sheriffs Office! Search ~tarrant!°aSWATteam mem- ber yelled into the vehicles pub- lic address system asthe team ovcnvhclmed the room. The inside of the Bearcat is The East Baton Rouge Parish Sheriff's Office shows off its new armored SWAT vehicle Friday, November 17, 2006. The Lenco Bearcat is a Ix;hemoth ofan emergency response achicle. Equipped kith a 325-hotsoporvcrturbo diesel engine and tons of solid steel paneling, a fewtaps to the exteriorshell 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 amrorcapablc of stopping a wide range ofwcaparn and a shielded rooftop gunner hatch, the Bearcat is technically com- bat ready. But [his vehicle will not be shipped overseas to fight. This $232000 weapon will be rmleashed on iha streets of East Baton Rouge Parish. '`I acknowledge that to some this may seem over the top or extreme" said Col. Greg Phares, chiefcriminal deputy «°ith the East Baton Rouge Parish Sheriff's Office. "But when you need the capabilities ofsometbing like this, you arehappy to have it ~~ On the grounds of the Sheriff's Office pistol range in north Ba[mr Rouge on Friday, the agency s S4t'AT team demon- strated a series of sitnationsusing the Bcar'cat and an older Ford F-x#50 recenttc modified to rt;aeh multiston= buildings. About 10 SWAT team members boarded the vehicles in a variety of drills, including a hostage crisis, a gunmen in a building, a high risk warrant search and a barricaded suspect emergency. equipped with hvo, fire-peron track length bench seats. ^ml- tiple peep holes ready for rifles to poke out arrd half-inch thick steel walls. The oldertntck tans modified by special operations commander Capi. Bobby Font. He fumed how to weld in high school and using'`a few hundred dollars' and an idea from another fab- ricated track, Font got to work. Instead ofgoing up the stairs at an apartment complex; Font said. the SWAT team ~a--ill be able to get into an apartment using a scwnd-story patio using the older, modified track. "Wc cant waitto use ii and see how it does." he said. Funded mostly with a U.S. Department of Homeland Sccu- rih grant. the olive drab colon:d Bearcat already has been deployed in five drag raids inside the parish. "It is one of those vehicles you hope you never have to use," Phares s<vd. "But when you need it, cou really need i[- I was there on hvo of those raids and it worked bcautifulh." The Jefferson Parish Sheriff's Office and the St. Bernard Parish Shcriff~s Office each have byo Bearcats, while many more law enforcement agencies in Lou isiana either are look- i rig orarc inthe process of buying one. "Recantht the Virginia State Police used one of these and they were shot at 27 times by someone using an AK-42" Deputy Steve Ba[lcy said. -`No one got hurt and all ofFicers involved were safe." East Baton Rouge gets new armored vehicle B~~MARKF.I3ONN1?R I'iilflished:Nor18,.006 MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi, Deputy Director of Public Utilities Richard C. Hasko, P.E., Director of Environmental Services Department THROUGH: David T. Hazden, City Manager P~ DATE: November 28, 2007 SUBJECT: AGENDA ITEM -REGULAR COMMISSION MEETING OF DECEMBER~2007 SANITARY SEWER MANHOLE REHAB PURCHASE AWARD TI'EM BEFORE COMMISSION Request to approve a purchase award to Chaz Equipment Co., Inc. in the amount of $50,000.00 for Sanitary Sewer Manhole Rehabilitation under the terms and conditions of the current annual contract. BACKGROUND Tire Public Utilities Department requested funding for the annual sanitary sewer manhole rehabilitation program with the current yeaz's budget allocation at $50,000. The Sanitary Sewer Manhole Interior Rehabilitation contract with Chaz Equipment dated August 27s', 2002 has been renewed annually for the past several years. T'he current contract is valid through September 30u', 2008. We have identified several sanitary sewer manholes in the south west and northwest areas requiring rehabilitation; the deterioration on some manholes is to the point where the bottoms are non-existent. The purchase award to Chaz Equipment will allow us to continue with our annual rehabilitation program. FUNDING SOURCE Funding is available from account N442-5178-536-63.82, Water and Sewer Renewal & Replacement Fund/ Sanitary Sewer Manhole Rehabilitation. RECOMMENDATION Staff recommends a purchase award to Chaz Equipment Co., Inc. in the amount of $50,000.00 for Sanitary Sewer Manhole Rehabilitation. 8.5. ~-, CITM R LRAM 8~~#C~1 DP~I 1,,KA1~~' 141 ~~( III I Al4pmfiiiiii April I8, 20u7 ~~~~~~ Clary Czajkowski, President Chat Equipment Co. Inc. 3460 Fairlane Farms Road, Suite !t8 Wellington, Florida 33414 RE: Bid Il2002-37 Sanitary Scwcr fv9anhole Inicrior Kehah Annual Contract 4'" Year Renewal Dear Mr. Czajkowksi; Our City (bnnnission, on April 3, 2007, approved the une year renewal with your company tier the annual contract for Sanitary Sewer Manhole interior Rehab. Term of the amu'act will be Ircnn October 01 ?007 to Seutember 30, 2008 Items will be ordered via individual purchase orders and/or blanket order releases on mr "as needed" basis for the contract tens. Please fixward to my attention, an updated ccrtilicatc of insurance, naming the City of Delray Beach as additional insured at limits specified in the bid package. We would like to thank you &x your good perii~nnancc and interest in the City of Delray Beach. If you have any questions, you may contact me al (561) 243-7163. Sincerely, ?:~.,~ , Jacklyn Rooney Purchasing Manager cc'. Joseph SaRord, Pr~atice Director Victor Majtenyi, Deputy Director Public lJtilitics Richard Hasko, Director of Environmental Services Scott Solomon, Manager Water Rc Sewer Nchvurk MEMORANDUM ,e, ~~. Mayor and City Commissioners TO: FROM: Victor Majtenyi, Deputy Director of Public Utilities Richard C. Hasko, P.E., D>rect°r of Environmental Services THROUGH: David T. Harden, City Manager DATE: November 29, 2007 AGENDA ITEM___ ~GULAR COMMISSION MEETING OF DECEMBER SUBJECT: ~yATER SERVICE RELOCATIONS PURCHASE AWARD ITEM BEFORE COMMISSION 000.00 for the Water Service Rel~~tlnstallation oaf W~a urchase award to Line-Tec, Inc. in the amount of $25, of Boynton Beach for "Supp y Approve a p eaz contract with the City conditions are based on the current tw B'd #027 2821 07/JA expiring lvtarch O5, 2009. Service Connections and Restoration", BACKGROUND for the annual water service relocation program with the current year's The Public Utilities Department requested funding budget allocation at $25,000. The purchase award will allo arils We haute den ified areasmnthe notrthwest sectioln of the program, changing rear yazd water service meters to the front y City where these relocations are necessary. FiTNDING SOURCE Funding is available from account #442-5178-536-65.17, Water and Sewer Renewal & Replacement Fund/ Water Service Relocations. RECOMMENDATION Staff recommends a purchase award to Line-Tec, Inc. in the amount of $25,000.00 for Water Service Relocahons. g.s,~ 03I07l2007 ]1:00 5617d26~16 BOYNTW BC~i FINANCE ..~~jj~ L2r1~t~~ -. ~~ ataeQ rlrocvxarsnrrsaixvrcia 1A08 SO:I'N'l'ONDZOAt:7r BOVLiVAJPD P.0. dOZAtA BOI!J~*l't7NBSdCIl, lZOJTIIaa 99Af~t0 ,PB'laPXO,N~6N0: aBlJ7Y-BJ1A PAY.' NJRD Tsa-A816 March 06, 2007 Lira Tee Lte. 1210 S.E. Fiat Strew Bayuton Beaeh, Fl' 33435 Attu: Scott Ellsworth Ppct: 01 BID: '"1'WO-YEAR CONTRACT' FOR SUPPLY AND INSTALLfi,TION OF WATER SERVICE CONNECTIONS ~ RESTORATION° BIDN: 027-2821-07/JA CONTRACT' PERIOD: MARCH 06, 2007 TO MARCH OS, 21109 Dear Mx. Ellsworth: At the City Commission raaeting ofMuch 5, 2007, the Bid for"'I'WO-REAR CONTRACT g'OR THS 8UPPLY AND INBTALLATION OF WATER SERVICB CONNCTION3 dt RESTORATION" was awarded to your company. As stipulated within the Bid specifications, your company's original certificate of ineuaartce is to be provided to our Risk Managenunt Departrnant at your aulieat convenience, nsmina the City as additionally insured. We would like to thank you for responding to this Hid and took forward to working with you. A taMtlatiwi sheet is enclosed for yow review. A Blanket purchase Order' wi13 be issued upon receipt of your insurance. If you have any questions ragaading this Bid, please call Janet Allen, Huger, at (561) 742-6322. SuacerelY> ~~~~~~ Bobby Jetilcins Deputy Finance Dizector ip e,a~obtw: towue~oo anee~ are Cmboy CaMI Fk i1M Z•d Xti~ 13C213S1i~ dH WdSZ~Zt LCOZ SI ~aW MEMORANDUM TO: Mayor and City Commissioners FROM: Scott Pape, AICP, Senior Planner Mark McDonnell, AICP, Assistant Director of Planning and Zoning THROUGH: City Manager ~~ DATE: November 28, 2007 SUBJECT: AGENDA ITEM 9.A. -REGULAR COMMISSION MEETING OF DECEMBER 11.2007 APPEAL OF THE SITE PLAN REVIEW AND APPEARANCE BOARD ACTION/PEDIATRICS BY THE SEA 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 Boazd (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 circulaz driveway along Federal Highway and monument sign and construction of a 730 squaze 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 Appeazance 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 appeazance 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 azea, 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 vernaculaz 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(B)(1), buildings or structures which are a part of a present or future group or complex shall have a unity of chazacter 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(B)(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 appeaz 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 Nardi-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 azchitecture of the building addition indicated that the approach proposed by the applicant was innovative and consistent with the azchitecture 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 azchitectural 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. 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 11, 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. Required findings are made in accordance with Subsections I and II. I. COMPREHENSIVE PLAN: ARE THE COMPREHENSIVE PLAN REQUIREMENTS MET? 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(8)(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. Pursuant to LDR Section 4.6.18(8)(4), to be harmonious, it is not to be inferred that buildings must look q.A 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 11 "' 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 ,5T 2ND ST. 5TH 5T. Q~Q 7 J Q F- Q U Q F- z Q w F- Q N PEDIATRICS BY THE SEA PRDPJERTY 285 SE 5TH AVENUE GTY OF DELRAY BEACH, R LOCATION MAP PLANNING @ ZGNING OEPARTNENT -- O/CITAL 845E MAP SYSTEM -- MPP REF: 5:\Planning k Zoning\GBMS\Ne-Cob\Z-LN 1QDI-1500\1M1G13_PeEmtnee oy me xa S ~ ~ ~ ~ fi~~~~€[S~~ j t~9 Z SS F6~ m~m ~ ~ w r w ago d ~ ~ ~~ ~ ~ € ~ ~~ ~ €~ ~ ~ -4~~3~ i i~C 8 ~ ~~F ~¢~ 3 vN p^k ^rY} ¢~ d (LA ~~ 3 o¢uraucn ~d WMekapry ~~III~ 1993 iWl Jeffrey Silberstein Architect & Associates Pediatrics by the Sea Northeast corner of SE 5tt' 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"' 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(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(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 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(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 wnditions 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. 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 o ~~ w a F of N T ^4 ' ~~ 3 ~ ~ fE i ~ ~~FtF+~ w ~ s ~ ." ~4 c ~ii~e7 ~i ; y ~ fF i3 i ~ W g t ~;~~ if g ~ N S :: . ~ : 2l tS:i i: i ii~iEi35 S ~ ++ ~ „ aro a g ~ ~ a~ ~~ p ~y ~~~ ~~ 8 a ~€i~~~a~ ~ e ti,~~ ~~.d ~'_' o}t3~~3€1~ i~ei4. ( ~~3 &[~~3 ti~~83~ Yg f i~~ BED E 5 .g 5 g~g ~ 8 ~^ Q 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 5th Avenue). Owner ........................ Rita Dew Agent ............................ ............. Jeffrey Silberstein Architect Location ........................ ............. Northeast corner of SE 5`h 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. ar w 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): ^ Site Plan Modification; ^ Landscape Plan; ^ Architectural Elevations; and ^ Waivers. The subject property is located at the northeast corner of SE 5"' Avenue (Federal Highway) and SE 3ro Street (285 SE 5w 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. A site plan modification has been submitted to construct an addition to the medical office and is now before the Board for consideration. The development proposal incorporates the following: ^ 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; ^ 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(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(B)(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. If 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 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 3rd Street and SE 5~h 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{h 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~h 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(8)(5) cannot be made. LDR Chanter 4 6 Supolementarv 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 3rd 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, Thryalfis, 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)atl 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(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. 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 3ro 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(8)(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. 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. 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 shalt 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. 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 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 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 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(B)(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 Man: 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(6)(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) - Consistencv (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 Repulations• 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 Findinas)• 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 fulFlls 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: ^ Neighborhood Advisory Committee Letters of support and objection, if any, will be presented at the SPRAB meeting. 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 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. C. Move denial 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 inconsistent with the Comprehensive Plan and does not meet criteria set forth in Sections 2.4.5(F)(5), 2.4.7(6)(5), and Chapter 3 of the Land Development Regulations. 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). 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(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 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 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. 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 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 r " 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"' Avenue and SE 3"' 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 5~' 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 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-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 I. Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard X Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Not applicable X Meets intent of standard Does not meet intent ~ ~ w~ w~ ~C ~ ~ ~ . ~ ~ .. ~ ~ . _ __ National Compliance Services, Ina November 15, 2007 Ms. Chevelle Nubin, City Clerk City of Delray Beach 100 NW First Avenue Delray Beach, FL 33444 RE: 285 SE 5`" Avenue Delray Beach, FL Deaz Ms. Nubin: RECEIVED NOV 1 5 2001 CITY CLERK This letter is a formal request to appeal the findings of the Site Plan Review Board (SPRB) meeting held on November 14`h, 2007. The facts behind this appeal relate to a deadlock on the SPRB decision to approve the plan elevation plans by a 3 to 3 vote. Under the regulations such a deadlock is consider a "denial". We aze appealing that denial. The matter in question seems to be a difference of opinion of those on the board on the issue of "old" vs "new". The~lan calls for an addition to an existing building located at the corner of SE 5`" Avenue and SE 3 Street. The design for the new addition is of high quality and has a modernistic approach which has a vernacular influence. The roof has a steep slope to take advantage of its westerly exposure and designed to reflect the afternoon sun and thereby help in keeping the building cool. In addition to the reflective nature of the roof the design calls for a five foot overhang to shade the widows on the westerly side. This will cut down considerably on energy consumption and is also another approach to a "green" environment. The green approach design to this addition should be considered as a positive example of architecture. Further, the applicant has decided to conform with the SPRAB staffs suggestion dated October 24, 2007 that a cementitious siding be installed vs the original design that incorporated a corrugated metal siding. The use of this cementitious siding will conform with LDR Section 4.6.18(B)(2) and (3) that states that all facades visible to public or adjacent property shall be designed to create a harmonious whole. The overhang is supported by "rafter tails" to enhance the appeazance toward the vernaculaz. In addition, and keeping with this approach the windows have been designed to incorporate mullions. Therefore we appeal to the City Commissioners to approve our request, at their December 4~' meeting, of the~tion plan for the 285 SE 5`" Avenue addition based upon the above. (! ; CCCItI 1~-c~~r, .bLia.q i ~rec~or •~ ~14nx;a~q ~~rUU~ [~j~~ /y~ Q Susew. • ~"~`'I~ ci+~ '~-~'6,ua.~ J ,1 G~„ I ~ r[, email: info@ncsonline.com Registration and Compliance Services www.ncsonline.com 355 N.E. 5th Avenue Delray Beach, FL 3348 Tel: 561-330-7645 Fax: 561-330-7648 S t. 1.~" ('~nI V ,~ V V' 4 C~. 3 MEMORANDUM TO: Mayor and City Commissioners FROM: Scott Pape, AICP, Senior Planner Mark McDonnell, AICP, Assistant Director of Planning and Zoning THROUGH: City Manager DATE: November 28, 2007 SUBJECT: AGENDA ITEM 9.B. -REGULAR COMMISSION MEETING OF DECEMBER 11.2007 WAIVER RE~UESTS/PEDIATRICS BY THE SEA 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 CATV 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 azea on the ground floor wall area of all non-residential and mixed-use buildings shall be a minimum of 75% of the wall azea for that elevation. 5. LDR Section 4.6.14, which requires a 40-foot visibility triangle at the intersection of SE 3ra Street and SE Su' 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. ~Y At its meeting of November 14, 2007, the Site Plan Review and Appeazance Board (SPRAB) approves the Class N site plan and landscape plan for Pediatrics by the Sea. However, the SPRAB vote was spli 3 to 3 on the building elevations and, therefore, were not approved. The applicant has submitted az appeal request of the Board's action of the building elevations, which will be considered as a sepazate item on this agenda by the City Commission. The development proposal consists of the removal of the existing circulaz driveway along Federal Highway and monument sign and construction of a 730 squad foot building addition along the west side of the existing building. The SPRAB considered the waiver: identified above at this meeting and recommended approval of all five waivers. WAIVER ANALYSIS Pursuant to LDR Section 2.4.7(8)(5), prior to granting a waiver, the approving body shall make t 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 maximum of 48 feet. The proposed height of the building addition is 15 feet. The applicant ha; 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 o; 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 anc 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 i; noted that this regulation is more appropriate in the situation when applied to new development o~ significant redevelopment of property. Given the nature of the existing building and the proposer 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 pazking and t 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 pavin€ materials to match the existing or planned sidewalks within the adjacent right-of--way. The front setbacb 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 ar 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 LDh requirements. " 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 teens of generating the desire "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 facade of the building. Consequently, positive findings can be made with respect to LDR Section 2.4.7(B)(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 3r` Street and SE Stt` 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 visibilit} 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 tha. the project meets the visibility triangle as required by FDOT. We were advised by FDOT to follow the t lane divided sketch and assume a one way road with 3 lanes. We used a 35 and 50 mile speed limit anc both met the visibility requirement. Also provided is the FDOT standard as to distance of car tc intersection for measurement of sight line. We believe that the LDRs intent is to insure safety when i. 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 roar such as Seagate Residences along A-1-A and Bucida Road. Given the speeds along SE 5~` Avenue and r 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 provide 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: `...The project is a small addition to an existing small office building. The existing parking lot wil. undergo minor changes and is paved in concrete. We believe intent of this requirement is fog developments of a much larger scale. " Waiver Analysis: The SPRAB considered the waiver request and found that it was supportable since undergrounding thf service utilities would necessitate partial demolition of the existing concrete parking lot. Since requirin€ the undergrounding would result in the aesthetic degradation of the parking azea, the Board felt that thf waiver would be justified in this instance. Based on the above a positive finding with respect to LDP Section 2.4.7(B)(5) can be made. Window Area: Per LDR Section 4.6.18(B)(14)(iv)(2), the minimum transpaency or glass surface area on the grouni floor wall area of all non-residential and mixed-use buildings shall be a minimum of 75% of the wal area for that elevation. All storefronts or glass areas abutting the street shall be transpazent, non-solar o~ 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 azea of 75%. The applicant ha: requested a waiver from the minimum transpazency 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 woulc typically be required for a large retail/restaurant structure. I believe the intent of the LDR is when yoz have a large 2 or more story structure along a busy pedestrian street with shops, restaurants the neec for more transparency is obvious. There is continuity from building to building. This project is far fron 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 witl 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 coefficien, requirements we used in scheme 1, insulated translucent glass panels by Pilkington Prolfilit that admit: 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 anc evening. In scheme 2, we created a 5' overhang. It is important to note that a facade should reflect i. 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 transpazency requirement is to provide a pedestrian friendly environment tha encourages window shopping. The same argument for supporting the waiver to the paving of the fron setback area applies to this waiver. The distance from the core area of the downtown does not lend itsel 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(B)(5), Waiver Findings. RECOMMENDATION By sepazate 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(B) (5). 2. Approve the waiver to LDR Section 4.4.13(F)(4)(f)(1), which requires that the front setback azea 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(B)(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 (B)(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 azea 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(B)(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(B)(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. 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 11, 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 3b 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 4.5.18(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. 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. 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: q,~ (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 Order this 11"' day of December, 2007, by a vote of in favor and opposed. ATTEST: Rita Ellis, Mayor Chevelle Nubin, City Clerk 3 15T 2ND vi rri 4TH ST. ID ST. ID T ID ~ Q~Q 6TH ST. J Q Q U Q z i~ W Q N PEDIATRICS BY THE SEA '_ PROPERTY 285 SE 5TH AVENUE qTY OF GEIAAY BEACH, F1 LOCATION MAP PLANNING k ZGNINC pEPARiMENT -- L4ClTAL 615E MAP SYSTEM -- W3 REF: 5:\Planning k Zoning\GBNS\FI<-coed[-LN Iwl-uw w~iwa_reawu~ca .,~ •~•_ ., j~[ ' rcjl~i,l~~fiY 1 m ~ . ~.lf~Et~tl~,~~~ Q J N ~J LL ws '~ F a ! N ~ ~ fe fe V W u1 ~p p Ki ~ W R p fr y s Z~ w® Q $l E' s Q~ F 3 a i AAQ) k~ T W t16Y 1t ~~f~ e fifi 9l9g 9 ~• '~~ ~~ ~~ ~ ~ ~k e ~ Y }4~k iY [~ 6 ~~~ t~~` ~ ~ ~~ ~ tts. ¢~ ~ ~; s E ;~~ ttE~, ~s F ~4F 4q:! ~~~~~~ ~~~~ t~S ~~ p P '~:~~~~ g~~~~~~ t~ ! ;~at~~~6 3s~'•; ~~~ !' qS E~.9~ s pEj~k~ ~°~ 1 rr t gib ~ i ~S; e FtY~ ,. t ~ ~~~~~~ ~~44~~t~F ~~~~ ~! E e 8 ' ~S~It°~~~t1 ~L3,} miz ~6~ mom ~ ~ N s~° a W 1 i ~ys{F ¢^ k 3 Q ~ s ~3 a~ E^ ~~~ ~~~ a tl' a Dour erx>f ~d ui-i.~etcaq •~~•ce 1993 2W1 Jeffrey Silberstein Architect & Associates Pediatrics by the Sea 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. 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 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(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 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. 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.ti.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 E • ; ~ 1IU~'t~l3F+~ . ~ ~ - - ~ i'zE~~tlE'~ ~~ ~ .: E ; li~Ei~!ll~~i w ~a ~~ ~~ U < W m ~m ~®a ~~ o ~ a ~~ y s F = >® 8 6 ~ a e 3 of a a h M N r 0 0 N N a Oq b r O r N T FFq ~~1~ g ffff ~ 6x ~ t f i ~4~~ ~ ~ Y i$€k ~y ~& ~ B i t lesa ~I ~~ ~ K ~ ~~~ ~' ! ~~ 6~iE g~ F~ irE( 66~~; ~~~~~~~ ~~~'~~~~ ~'~~ i E F~p3~'!~ FF#~~Rp~~ ~~i~ 4 ~i ~ ~~~_~~ €~44S~~~F ~~~~ ~ ~ ~~ S 4 4 0 <~ O ~c . p ~ ~ 5~~~~1~ Il ~ ~ RF: t W > ~ ~ _•• i iii ~i :~ < W >xm pp f ggF frl ~ ~s~F m w > e •:: c EE ~: ~l6s~=i:h ~~~F~s ~m o w w a 3 y 2 j ag o ~~ g ~ wID ~~~ ~~ 9 J~ ~ s ~g'6F ~ ~ $,~~p~9~ ~~ ~ ~ d I ¢¢@ ~ ~ I ~ ~ ~i [~F f~~ 6~s Y 3 E~ H 3~ p E! ~33 ~~$ s F¢. ~ S Q ITE 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 5d' Avenue And SE 3rd Street (285 SE 5d' Avenue). Owner ........................ Rita Dew Agent ............................ ............. Jeffrey Silberstein Architect Q Location ........................ ............. Northeast corner of SE 5"' ~ Avenue and SE 3rd Street (285 ~ „o ,, w SE 5`" Avenue) . Property Size ................ ............. 0.158 Acres Future Land Use Map ... ............. Commercial Core 3 Current Zoning ............. ...... ..... . CBD (Central Business District) Adjacent Zoning ........... ....North: CBD East: CBD ~ Q South: CBD p ~, West: CBD N Q Existing Land Use ....... ............. Medical office 0 Proposed Land Use ...... ............. Construction of a 730 sq. ft. ~~ " Q building addition. ~ ~ Water Service ............... ............. Existing on site. ^ z Sewer Service .............. ............. Existing on site. B 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): ^ Site Plan Modification; ^ Landscape Plan; ^ Architectural Elevations; and ^ Waivers. The subject property is located at the northeast corner of SE 5"' Avenue (Federal Highway) and SE 3rd Street (285 SE 5d' 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. A site plan modification has been submitted to construct an addition to the medical office and is now before the Board for consideration. The development proposal incorporates the following: ^ 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; ^ 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. 5. 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. 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: *Existing nonconformity. **Setback for building addition. 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 Stn 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(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 5d' 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~h 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 6y 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`h 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(B)(5) cannot be made. LDR Chapter 4.6 Supplementary District ReQUlations: 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(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: °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)9a) 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 3ro 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(8)(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(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. 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 retaiUrestaurant 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 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 fo meet the shading coefficient requirements we used in scheme 1, insulated translucent glass panels by Pilkington Prolfllit that admits light in but significantly cuts heat gain. At night interior lighting emits a wonderful soft light. l 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 fagade 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(6)(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) - 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 1 t 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 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. C. Move denial 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 inconsistent with the Comprehensive Plan and does not meet criteria set forth in Sections 2.4.5(F)(5), 2.4.7(6)(5), and Chapter 3 of the Land Development Regulations. By Separate Motions: Waivers: 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). 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(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 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(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~h 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(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 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"' 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. 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-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-f of the Open Space and Recreation Element are appropriately addressed. Not applicable Meets intent of standard X Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable X Meets intent of standard Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable X Meets intent of standard Does not meet intent F. Property shall be developed or redeveloped in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable Meets intent of standard X Does not meet intent Appendix B ' Standards for Site Plan Actions Page 2 G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B-2 of the Housing Element. Not applicable X Meets intent of standard Does not meet intent H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Not applicable Meets intent of standard X Does not meet intent I. Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard X Does not meet intent 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 S ,~ U" (~ V 1- V' 4 C~ 3 MEMORANDUM TO: Mayor and City Commissioners FROM: Scott Pape, AICP, Senior Planner Mark McDonnell, AICP, Assistant Director of Planning and Zoning THROUGH: City Manager DATE: November 28, 2007 SUBJECT: AGENDA ITEM 9.C. -REGULAR COMMISSION MEETING OF DECEMBER 11 2007 WAIVER REQUESTS/ONNEN DISASTER AND RECOVERY CENTER 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 transpazency 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. 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 Appeazance Board (SPRAB) approved the Class N 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 squaze 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 (4) waivers identified in the SPRAB report at this meeting and recommended approval of the three indentified above (the plan was redesigned to eliminate the need for the reaz setback waiver). WAIVER ANALYSIS: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make 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 similaz 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 setbacl 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 nan•ative in support of the waiver: "...The intent of this code is obviously to provide pedestrian access to and along the front of retail anc commercial establishments within the CBD. Based on the nature of this proposed use as a Disaster Recovery and EmergencyOperationsCenter 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 a, the front of our building. The remainder of the building frontage abutting the right-of--way contain: 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 desires "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 comdors. 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(B)(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~' Avenue. The screening walls and columns of the building encroach approximatel} 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 anc south corners. In addition, the building's north corner encroaches into the visibility triangle at the soutl 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 4th Avenue, a vehicle will have a clear and unobstructed view north and south as it enter: Northeast 4th Avenue. " Waiver Analysis: It is noted that the distance from the walls/columns to the edge of the vehicular travel lanes is 2( feet. Thus, the drivers of vehicles will have full visibility of on-coming traffic when leaving the site. It i; also noted that the relative speeds of vehicles along NE 4~` Avenue and vehicles leaving the site are significantly lower than along acollector/arterial street or larger parking lots. Therefore, the safety o- vehicles and pedestrians is not a concern. Consequently, positive findings can be made with respect tc LDR Section 2.4.7(B)(5), Waiver Findings. Window Area: Per LDR Section 4.6.18(B)(14)(iv)(2), the minimum transparency or glass surface area on the groun~ floor wall area of all non-residential and mixed-use buildings shall be a minimum of 75% of the wal area for that elevation. All storefronts or glass areas abutting the street shall be transparent, non-solar o~ 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 l storm and 170 MPH winds, therefore the exterior fenestrations and glass areas have been kept to c 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 grounc floor of this building. 3) The frst floor of the building is used primarily for building lobby, stairwells and enclosec 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 tha encourages window shopping. The same argument for supporting the waiver to the paving of the fron setback area applies to this waiver. The distance from the core area of the downtown does not lend itsel: 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(B)(5), Waiver Findings. RECOMMENDATION By sepazate motion: 1. 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(B)(5). 2. Approve the waiver to LDR Section 4.6.14(A)(1), which requires a 20-foot visibility triangle at the intersection of the driveways and NE 4th Avenue, based on a positive finding with respect to LDR Section 2.4.7(B)(5). 3. Approve the waiver to LDR Section 4.6.18(B)(14)(iv)(2), which requires that a minimum transpazency 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(B)(5). IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUESTS FOR ONNEN DISASTER AND RECOVERY CENTER ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. The waiver requests have come before the City Commission on December 11, 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 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. 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)? 1 -1•~ 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(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 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 11~' 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 > > Q Q ~ ~ ~ ~ _ _ J J Q Q CC CC p p W W Z ~ ~ D N M W W L~ W N.E. 3RD ST. W w w Q z z w Q p z N N.E. 2ND SL v7 D ~ o Q Lv z z ~ > a O O J m m ~ ~ ci O O W i.i (n Z z ~ N. 1ST ST. N THE ONNEN DISTASTER RECOVERY AND ~_ SUBJECT PROPERTY EMERGENCY OPERATIONS CENTER CITY OF DEIRAY BEACH, FL PLANNING k ZONING DEPARTMENT LOCATION MAP -- 0/G/TAL &15E MAP 5151FM -- MAP REF: 5:\Planning k Zoning\06MS\File-Cab\Z-LM 1001-1500\LM 104B_The Onnen Disaster Recovery onA Emergency Operations Center r a 3 w 0 c~ W J CL Q w z FN.. 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Eg aS :` ~ ds ~~ ? ? a3 3z '3 :§ "I Sox 3,x sg F5's :~ z ~~~ _~ ~' \ ~~ z,a a z g~ b~jj~ ~ n1~®9 yd s $`v €e~ S~ WVV AQJl1VJIlQ U:].I.JVJIU I I T ~ yl' 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"' Street (234 NE 4`h 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.6. 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 2"d Street (234 NE 4th Avenue). The action before the Board is that of approval of the following aspects of a Class IV site plan modification for The Onnen Project -Disaster Recovery and Emergency Operations Center, pursuant to LDR Section 2.4.5(G)(1)(d): ^ Site Plan Modification; ^ Landscape Plan; ^ Architectural Elevations; and ^ Waivers. The subject property is located on the west side of NE 4~' Avenue, 150 feet north of NE 2nd Street (234 NE 4~' Avenue). 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 October 16, 2007, the City Commission approved an in-lieu fee parking reduction of three spaces ($46,800) for the proposed development. A site plan modification has been submitted to construct an addition to the building, which is now before the Board for consideration. The development proposal incorporates the following: ^ 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; ^ 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. * 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 formal 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 pro~osed addition carries the 3 and 4th floors along the same building line as the existing 1S and 2"d floors. This waiver request is to continue the non- conformity through the building's 3"' and 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(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 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 fo 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 facade 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~" 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~h 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 4~h 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(8)(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 w._.~_ __ v~.__._ 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 fagade 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 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 9 has demonstrated a willingness to reduce the impact of the development profile on the environment. 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 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) If 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~h 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. ~. ~,. ~ ~ ~-w 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-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) - Concurrence: As described in Appendix A, a positive finding of concurrency can be made as it relates to water, sewer, streets and traffic, drainage, parks and recreation, open space, solid waste, and schools. Section 3.1.1 (C) - Consistency (Standards for Site Plan Actions): As described in Appendix B, a positive finding of consistency can be made as it relates to Standards for Site Plan Actions. Section 3.1.1 (D) -Compliance With the Land Development Regulations: As described under the Site Plan Analysis of this report, a positive finding of compliance with the LDRs can be made, when all outstanding items attached as conditions of approval are addressed. Section 2.4.5 (F)(5) -Compatibility (Site Plan Findings): The approving body must make a finding that development of the property pursuant to the site plan will be compatible and harmonious with adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. SPRAB Staff Report -November 14, 2007 Class IV Site Plan Modification, Landscape Plan and Building Elevations for Onnen Disaster Recovery and Emergency Operations Center Page 11 The subject property is bordered on the north, south, east, and west by CBD-RC zoned property. The existing land use to the north is a private parking area, to the south is office, to the east is the Elk's Club, and to the west is a private parking lot and the FEC Railroad. 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 building has been used primarily as a contractors office/warehouse. The proposed development will have a low impact on the surrounding community and will provide additional "eyes" on the street with the inclusion of the residential unit, which will improve the safety of the area. Downtown DevelopmentAuthority: At its meeting of July 9, 2007, the DDA reviewed the site plan request and recommended approval. Community Redeveloomenf Aoencv (CRA): At its meeting of July 12, 2007, the CRA reviewed the site plan request and recommended approval. Courtesy Notices: Special courtesy notices were provided to the following civic association: ^ Neighborhood Advisory Council ^ Chamber of Commerce 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(6)(5), and Chapter 3 of the Land Development Regulations, subject to the attached conditions of approval. 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 4~' 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. Paoe, Senior Planner Pursuant to 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: 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 2nd 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. Drainaae: 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 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 _, ARCHITECTS PLANNERS Licmu No. 3381 ~ [~~C ONI~j7 JUL 1 S 2007 ~~~ C~.~i PLANNING & ZONING 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 3343] ph 561 3923848 fax 561 3925402 slatteryarchitects com 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: Mayor and City Commissioners FROM: Scott Pape, AICP, Senior Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager W /~ DATE: November 29, 2007 SUBJECT: AGENDA ITEM 9.D. -REGULAR COMMISSION MEETING OF DECEMBER 11.2007 CONDITIONAL USE REQUEST /WAL-MART ' ITEM BEFORE COMMISSION The action requested of the City Commission is consideration of a conditional use request to allow ~he 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-MartCenter subdivision and contains 11.x/8 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." 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. Dec 06 07 03:25p Joseph L. Schroeder Chief of Police DHPD CHIEF 5612437824 p.2 Delray Eeach DELRAY BEACH Police Department AllAll-Ama eri 300 West Atlantic Avenue Q ~ ~ ~I Delray Beach, Florida 33444-3695 ~ ~ J n (561) 243-7888 Fax (561) 243-7816 ~ ,, zoos i ~,vs znoi MEMORANDUM TO: FROM: DATE: SUBJECT: City Manager David T. Harden Chief Joseph L. Schroeder December 6, 2007 WAL-MART We would not be in favor of this establishment moving towards a 24-hour operation, especially in its current condition. Twenty-four hour stores, especially with pharmacies, are prime targets for robberies. The location of this store is on the far corner of our city which hampers our response times and preventative patrols. The current conditions are terrible in regard to lighting. I was there Monday night, and it is dark and inviting for criminal activity. Noise should not be a concern except for the neighborhood immediately to the south, and if lighting was increased that too might cause a problem for that neighborhood. In case the suggestion comes up, we officers are hired to work security. We with the addition of the hospital so that the location safer. JLS/ppt do not want another off-duty detail where our currently have too many to fill now, especially should not be considered an option to making Serving with P.R.LD.E. Professionalism, Respect, Integrity, Diversity and Excellence Dec 06 07 03:33p DHPD CHIEF 5612437824 p.l Walgreens bandits shoot it out with cops - 12/06/2007 - MiamiHerald.com Page 1 of 1 MiamiHerald.cam u Posted on Thu, Dec. 06, 2007 Walgreens bandits shoot it out with cops After a noticeable lull, the bold drug store bandits are back. And now they are shooting it out with cops. Three armed men robbing the Walgreens pharmacy at Northwest 183rd Street and 37th Avenue exchanged gunfire with aMiami-Dade police officer who drove up as they fled about 9:40 p.m. Wednesday, department spokesman Nelda Fonticella said. No one was hit, but no one was caught either. The three suspects were still on the loose late Wednesday, she said. A perimeter was established, and a helicopter aided in the search. The unidentified officer was neaz the intersection when the robbery call went out, Fonticella said. As he arrived, the three suspects emerged, one armed with a shotgun, the others with handguns, she said. The men fired at the officer, who then returned fire, she said. The shotgun was recovered at the scene. An undetermined amount of cash and merchandise was taken from the pharmacy -- some of it dropped outside the business by the fleeing bandits. South Florida has seen a rash of robberies at CVS and Walgreens, most at all-night drugstores, most between the hours of 1 and 5 a.m. The pace had slowed over the past month, however. © 2007 Miami Herald Media Company. All Rights Reserved. http://www.miami herald. com http://vaww.miamiherald.com/news/breaking_dade/v-print/story/334254.htm1 12/6/2007 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 11, 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 Map: Is the future use and intensity of the development consistent with the future land use map and comprehensive plan and is it appropriate in terms of soil, topographic, and other applicable physical considerations, complementary to adjacent land uses, and fulfills remaining land use needs? Yes No b. Concurrence: Concurrency as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Are the concurrency requirements met as respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste and schools? Yes No q,,Y c. Housina 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 neighbofioods. 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 neighbofiood, 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 Findinas: (Conditional Use1: Pursuant to Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the conditional use will not: i. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; ii. Hinder development or redevelopment of nearby properties. Will the requirements of LDR Section 2.4.5(E) be met? Yes No b. LDR Section 4.3.3(W) 24-Hour or Late Niaht 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 wnditional 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 N WALMART ~ sue~ECr 16205 SOUTH MILITARY TRAIL PROPERTY CITY OF OELRAY BEACH, R LOCATION MAP PLANNING k 20NING DEPARTMENT -- CNCOAL 6~SE MAP SY57FM -- MAP REF: 5:\Planning k Zoning\DBMS\File-Cab\Z-lM 1001-1500\LM1045_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 ........................ Agent ........................ Location ........................ Wal-Mart Stores East. LP Kimley-Horn and Associates, Inc. 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. xrox you ~e vxxo G~ ~ N r R Yp K[ L i . _ a ~ F TE E~ IV.A Planning & Zoning Board i~,eeting November 19, 2007 Conditional Use Request fora 24-Hour or Late Night Business 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 Policy A-12.3 - In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a 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 wilt 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 3 The following zoning designations and uses border the property: Planning & Zoning Board Meting 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 4 Planning & Zoning Board MCeting, November 19, 2007 Conditional Use Request fora 24-Hour or Late Night Business 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). Planning & Zoning Board i~~eeting, November 19, 2007 Conditional Use Request fora 24-Hour or Late Night Business ~ Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of support or objection will be presented at the Planning and Zoning Board meeting. The proposed conditional use for Wal-Mart will not negatively affect the adjacent residentially zoned property. The existing 8-foot high Ficus hedge, new landscaping proposed by the applicant and additional landscaping requested as a condition of approval will sufficiently buffer the retail business particularly since reduced patronage is anticipated during overnight hours. In order to improve public safety, the proposed external camera coverage needs to be extended to include the entire property. Further, the external security patrol needs to be increased until sunrise. The development proposal is consistent with Chapter 3 of the Land Development Regulations and the policies of the Comprehensive Plan, including Housing Element Policy A- 12.3. Also, positive findings with respect to LDR Section 2.4.5(E)(5) Conditional Use Findings and LDR Section 4.3.3(W)(2)(c) (24-Hour or Late Night Business Findings), can be made as the proposal will not have an adverse impact on the surrounding area nor will it hinder development or redevelopment of nearby properties, provided the conditions of approval are addressed. 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 a,eeting, 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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F 0, . a: a. _a. _.aa raaaaaa I I F 1 ~ _` E !l 1 ~i I~I~ R a i ~! i i; i ~.~{ i Z} i 1 ~yd i! ~} ! i s~ii}~! e a a. r r ~Ii t. e 5, e. e7ar~le~ 0000 QO ~ $~ o ®O ~* ~ o ~o oo'~i {808 b S) lltltll AHV1lIVa Hl(10S ;p 4Q 0 r 4n1 x O z F eN W e R9'~'p, RR~= ':'~8 A~ MF3 a ~ a~ @@@@ as ~P~¢3~f r~~~ ~®R€~~~ &~ npyE. ~~R ~S~e SC~e ~~ ;3 5~ 5 aae4 Raga€° @E~@@ `@ ..,aP a {{ €~ egR^ e tlA b } 5 w a< 5~ ee°P ga~q ~~w ~ q8g~ ,yss ; ~'yy 9 Q9~= ixxi~e 9~3ar@ a~ A A s a e@@e qa@$e g3 ~g'gi F7~ p;pegqg a~i pR~ ~3 !R ;~~ m v J J ~a~ ~w~ ~~~ o~,~ N !r#7 ~wo ¢'~ Q O 3 `~ Y e~ y € o 8 u o Facility Security Plan Wal-Mart Supercenter #1589-03 Delray 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 disruptive 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, awareness 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:2386629:1 I utilizes one private security guard with his/her company vehicle to patrol the parking 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, vehiculaz 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 standard 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 sofrware 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 r 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:2386629:1 3 MEMORANDUM TO: Mayor and City Commissioners FROM: Estelio Breto, Senior Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH: CityManager~~ DATE: November 28, 2007 SUBJECT: AGENDA ITEM 9.E. -REGULAR COMMISSION MEETING OF DECEMBER 11.2007 CONDITIONAL USE EXTENSION REQUEST FOR ATLANTIC SHORES 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. BACKGROUND 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. 15t Street. The property is zoned CBD (Central Business District) and contained 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 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 witt 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 Review and Appearance Board approved the Class V site plan application for the project. It is noted that the developmen 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 AtlanticShores project exceeds the minimum setback requirements instituted with the new desigr 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 2.4.40(21 "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 o' 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 it order to more readily sell the land and/or project. Pursuant to LDR Appendix "A," the definition of construction is: "The building of or substantia 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 proposes 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 o' 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 submittec 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') 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 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 fhe land and advertising and marketing this project including 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 of fhe Marriott in Delray Beach, as well as realty seminars at the Palm Beach Convention Center, The Hilton Hotel in Dee~eld 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 Califomia 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 tha 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 concludec various tasks directly related to the project. A demolition and clearing permit was issued by the City or 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 ha: continued to work diligently and with good faith in its efforts to build the project. However, it appears tc be an exaggeration to argue as a basis for the extension that Hurricane Wilma devastated the loca 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 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-tum 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 AtlanticShores 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. 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 11, 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; I. r 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 11 ~' 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. 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 - 3 Agent ............................. Weiner & Aronson, P.A. o Location ......................... West Side of SE 2nd Avenue, ~ Approximately 80' South of SE 1s` ono Street (124,138,&158 SE 2"d Ave.) scHOO~ ~~1-rr~ Property Size ................. 0.85 Acres sounee ~ ~ ~'"~~ Future Land Use Map.... Commercial Core (CC) n r ~ n N r i c z n v E N Current Zoning ............... Central Business District (CBD) ~ ~ L 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 sE ,s. distribution facility. Proposed Land Use....... Multiple Family Residential r Water Service ................ Available Via a service lateral connection to the existing 8" water main located within the SE 2"d Avenue right-of-way. Sewer Service ................ Available via a service lateral s,E. ~o , connection to the existing eight inch (8") sanitary sewer main ~ ~- j ~~ located within the adjacent alley to ~ I W~~ the west ~ - -7- i III. F. id 'a' 4„vr. ~ , ~~p'~~ , ~ , ~ r~ ~i r. i , ri ~! ~ ~ EEE~, ~` ~~ 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 1 sc Street. , :~ ~. ~: E 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. REQUIRED FINDINGS (Chapter 3): Pursuant to LDR Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or Planning and Zoning Board Staff port: Meeting -November 21, 2005 Conditional Use Requests for Atla~,dc 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 2nd 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 Open 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. 2"d 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 >ort: 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 In 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 Staff 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. 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. 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 15` Avenue and SE 15' 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. Transaortation 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. Oaen Space and Recreation Element Policv A-3.1: Tot lots and recreation areas serving children from toddlers to teens, shalt 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 Atlannc 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. 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: Housing Element Policy B-2.2: The development of new adult oriented communities within the City is discouraged. New housing developments shall be designed to accommodate households having a range of ages, especially families with children, and shall be required to provide three (3) and four (4) bedroom units and activity areas for children ranging from toddlers to teens. This requirement may be waived or modified for residential development located in the downtown area and for infill projects having fewer than 25 units. 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. Housing Objective A-12: To assist residents of the City in maintaining and enhancing their neighborhood environment, the City shall take steps to ensure that modifications in and around the neighborhood do not lead to its decline, such as those described in the following policies. Housing Policy A-12.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. 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 Atlas uric 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 4.6.20. 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. 6 ItI.F. Planning and Zoning Board Staft ~oR: Meeting -November 21, 2005 Conditional Use Requests for Atla~,~ic 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 emin/max Setback feet ' 70% / 90% 5' min / 10' max Finished Grade to 25 Remainin Len th 17' min / 22' max ' ' S0%max 17' min 25 to 48 Remainin Len th 29' min 48' and Above 100% 41' min PROPOSED Buildin Hei ht feet %Buildin Fronta a Setback feet SE 2n0 Avenue SE 7itl Avenue ' 85.3% 5' - 10' Finished Grade to 25 Remainin Len th 20' ' ' 48% 19' 25 to 48 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(p -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. (1) 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 7 III.F. Planning and Zoning Board Stafi god: Meeting -November 21, 2005 Conditional Use Requests far Atlas rtic 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 Staf( port: Meeting -November 21, 2005 Conditional Use Requests for Atla~aic Shores ingress/egress for the parking lot located both on the east side (S. E. 2"' 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 2n0 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 15` 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 god: Meeting -November 21, 2005 Conditional Use Requests for Atlas me Shores LDR SECTION 2.4.5(El -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: North 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 stafFs 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. Parking 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 spacelunit One bedroom dwellin unit 1.25 spaces/unit 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~.dc 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. Compact Parkin 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,,.ic 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 2n° Avenue does not provide the minimum stacking distance to the street right-of-way of SE 2"a 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-Wav 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. 2"d 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 IILF. Planning and Zoning Board Staff port: Meeting -November 21, 2005 Conditional Use Requests for Atla.,~c 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 for 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 requirement. 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 wrt: 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. 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. k ~4, L xV .... ,.; .i .. i ~" V j j{ ~t L q4. .. ;v .:t .¢;i rte k. _ .:..~.' s ..... _. ~ ~ r >~+ ~' ~ C~~: ~n'.~ : `~.. 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 Staf( port: Meeting -November 21, 2005 Conditional Use Requests for Atlr -•;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. " try 6 ~ ~. ~ ~ ~fl ~ °' ~ ~~ P" ~ s r ~ ~.' 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. 2"' Avenue. Attachments: Appendix ';4 ;Location Map, Site Plan, Floor Plans, and Architectural Elevations Staff Report Prepared by: Estelio Breto, Senior Planner 16 III.F. Planning and Zoning Board StaN port: Meeting -November 21, 2005 Conditional Use Requests for Atlas ~cic Shores 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 forAtla~~ac 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 field 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 Stall 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 wnstruction 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. clrY w HALL w > o a N.E. 1ST ~ ST. O r a ~ 3 < N COMMUNITY o CENTER ~ o '- ~ a Z TENNIS OLD SCHOOL a z } = STADIUM .~ SQUARE w z~ ~z w ~ z v A T L A N T I C A V E N U E COUNTY COURT HOUSE w 3 w > > Q Q > W Q S.E. 1ST ST. w W FIDELIT a > ¢ ~ a ~ FEDERA S BANK _ w Z ij ~ a W vi 1/A ? N Q (n K ~~~ S.1y, 2ND ST . S.E. 2ND ~o ST. x y r `^ n a 3 ~ a _ 3 VI W Q w Z O c w 3 ~i S. W. 3RD ST. Z - S.E. 3RD ST. ~ O MERRITT N z PARK o m x w w vi ~ w ~ O ~ - ~ ATLANTIC SHORES CITY OF DELRAY BEACH. FL PLANNING k ZONING DEPARTMENT -- DIGITAL H45E MAP SYSTEM -- MAP REF: 1M882 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 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~Laflar to Paul Dorfirg ro extension roquest.Aug 13, 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/ enclosure) Michael S. Weiner, Esquire (w/o enclosure) Ms. Ashlee L. Vargo (w/o enclosure) O:WOLNOO6LLeGer to Paul Dorlifg re extension requestAug 13, 2007.doc 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(ii;zonelaw.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: p~c~~od~ ~NOV 2 7 2007 ; ~i L~- ~ L. PL~np"<I`dG c~ ZONING JASON S. MANKOFF KERRY D. SAFIER Via Hand Deliverer You have requested additional information with respect to steps that have been taken to move the Atlantic Shores project forward. A great deaf of time, money and effort has been spent on clearing the land and advertising and marketing this project including 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 Deerfiekl 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. Enclosed please find one of the brochures that has been circulated to thousands of realtors throughout Florida. O:WOWOO6~Letter to Estelio Breto re marketing. Nov 27.2W7.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:WOLNOO6tLetter to Estelio Breto re marketing. Nov 27. 2007.doc MEMORANDUM TO: FROM: THROUGH DATE: SUBJECT: MAYOR AND CITY COMMISSIONERS AMY E. ALVAREZ, HISTORIC PRESERVATION PLANNER PAUL DORLING, AICP, DIRECTOR OF PLANNING AND ZONING gµQ,~C~.. CITY MANAGER ~. U DECEMBER 7, 2007 ITEM BEFORE COMMISSION The action requested of the City Commission is consideration of two waivers from the following LDR Sections associated with the Class III site plan modification for 139 NW 5'" Avenue, Hammad Shoppes: 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 4.6.16(H)(3)(d), which requires a five foot (5') landscape strip between off- street parking areas or other vehicular use areas and abutting properties. BACKGROUND The development proposal consists of the construction of a 1,072 square foot rear addition and associated site and landscaping improvements. The HPB approved the Certificate of Appropriateness and Class III Site Plan Modification, at its meeting of December 6, 2007. At this same meeting, the subject waiver requests were considered and the Board recommended approval of each. 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; (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: The new addition has a height of seventeen feet, three inches (17'3"). The CBD design guidelines, LDR Section 4.4.13(F)(1)(a), require that all structures have a minimum height of twenty-five feet (25')~ Waiver Request for Hammad Shoppes, 139 NW 5th Avenue City Commission Regular Meeting -December 11, 2007 It would not appear appropriate to require the construction of a taller addition when the existing structure on the subject property and those within the immediate surroundings are of lesser height. The intent of the subject regulation is to assure an appropriate scale within the CBD. This minimal height requirement of twenty five feet (25') is appropriate in most of the CBD zoning district however not when the structure is associated with a historic property, district, or environment, such as the subject property. Granting the waiver would assure compliance with LDR Section 2.4.7(B)(5)(a-d), particularly (a), as the requirement of a taller building would have a negative impact on adjacent properties, and (d) the granting of this waiver would not be considered a special privilege and would be granted in similar situations/circumstances on other properties. Therefore, positive findings can be made with respect to LDR Section 2.4.7(6)(5). Landscape Strip: Pursuant to LDR Section 4.6.16(H)(3)(d), afive foot (5') landscape strip between off-street parking areas or other vehicular use areas and abutting properties shall be required. The proposed landscape strip reduction from five feet (5') to two feet (2') has been requested in order to accommodate both the required parking and refuse container area located along the alley and at the rear of the property. Given the location of the reduced landscape area and its intent to accommodate the required parking spaces, granting the waiver would comply with LDR Section 2.4.7(B)(5(a-d) in that it would not adversely affect the neighborhood, nor create an unsafe situation, and, further, would not be considered a special privilege in that waiver requests under similar situations have been previously granted. Therefore, positive findings with respect to LDR Section 2.4.7(6)(5) can be made. RECOMMENDATION By Separate Motion: Approve the waiver to LDR Section 4.4.13(F)(1)(a), which requires that the overall height of buildings be a minimum of twenty-five feet (25'), allowing a minimum height of seventeen feet, three inches (17'3"), based on a positive finding with respect to LDR Section 2.4.7(6)(5). Approve the waiver to LDR Section 4.6.16(H)(3)(d), which requires a five foot (5') landscape strip between off-street parking areas and abutting properties, allowing a reduction to two feet (2'), based on a positive finding with respect to LDR Section 2.4.7(6)(5). Attachments: Historic Preservation Board Staff Report dated December 6, 2007 2 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUESTS FOR HAMMAD SHOPPES ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. The waiver requests has come before the City Commission on December 11, 2007. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver requests for the Hammad Shoppes 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 17'3". The applicant has requested a waiver from the minimum building height. Pursuant to LDR Section 4.6.16(H)(3)(d), afive foot (5') landscape strip between off- street parking areas or other vehicular use areas and abutting properties shall be required. The applicant has requested a waiver to allow a reduction from 5' to 2'. 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)(1)(a) to reduce the minimum building height to 17'3" comply with the requirements of 2.4.7(6)(5)? Yes No Would the waiver of Section 4.6.16(H)(3)(d) to reduce the landscape strip from 5' to 2' comply with the requirements of 2.4.7(8)(5)? Yes No 1 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)(1)(a) (reduce minimum height from 25' to 17'3") 4.6.16(H)(3)(d) (reduce the landscape strip from 5' to 2') 6. Based on the entire record before it, the City Commission hereby adopts this Order this 11`" day of December, 2007, by a vote of in favor and opposed. ATTEST: Rita Ellis, Mayor Chevelle Nubin, City Clerk 2 MEETING DATE: December 6,2oo7 AGENDA ITEM: Consideration of a Certificate of Appropriateness and associated Class III Site Plan Modification for the property located at 139 NW 5`" Avenue, Hammad Shoppes, West Settlers Historic District. GENERAL DATA: Owner/Applicant ..................... Amjad Hammad Agent ...................................... Interiors of America, Inc. Location .................................. 139 NW 5`h Avenue Property Size .......................... 0.33 acres Future Land Use Map........... Commercial Core (CC) Current Zoning ........................ Central Business District (CBD) Adjacent Zoning............North: Single Family Residential (R-1-A) East: Single Family Residential (R-1-A) South: Community Facilities (CF) West: Central Business District (CBD) Existing Land Use .................. Commercial Proposed Land Use ................ Commercial (Retail) Water Service ......................... Existing Sewer Service ........................ Existing pp ' ~ ~~F Eir~sF- ~s~~~ GGl~~~ i~. : ,. ~ ,' ~K a~ ~ir s,s c-i..__., ~s'S r..+' ; x m~iisi~+=_ '„~~.uz:.,.'.s„ssm3 :,..~~h,':.~`°l,x-,.. .,~C~fi .. .: __.. ~a'., ~ ntsG+'.. ~.., ..i The item before the Board is the approval of a Certificate of Appropriateness that inwrporates the following aspects of a development proposal for the property located at 139 NW 5th Avenue, Hammad Shoppes, West Settlers Historic District, pursuant to LDR Section 2.4.5(G) ^ Class III Site Plan Modification; ^ Landscape Plan; ^ Design Elements, and; ^ Waiver Requests. The subject property is located on the southeast corner of NW 5d' Avenue and Martin Luther King Jr. Boulevard (NW 2nd Street). ~iQ r -9ilryj~c x _' i ~, s ha ~aN ~~ ~ as '~ ' ~ : as~}~~im! i~~ 1r 'i*7ii,~ ''4 w+t;4; ,'- ds . ~ a ": ~~ c~ ,.:: f z.. N1F~~~r .-S!4 lFh t.:f`.~~ t, .T ~`} ~- . 6 . Ji The subject property consists of Lot 2, Resubdivision of Block 27, is zoned Central Business District (CBD) and is located within the West Settlers Historic District. A simple, unadorned, 3,557 square foot, concrete block rectangular building, constructed in 1951 is located on the site. The subject structure is considered non-contributing to the historic district. On September 5, 2001, the HPB denied an application to allow signage installed on the building to remain. The signage had been installed prior to receiving a permit. The HPB denied the application as the sign needed more character in relation to the West Settlers Historic District. At its meeting of June 15, 2005, the HPB approved a Class III Site Plan Modification for the subJect property which consisted of the following: • Exterior alterations; • A 285 square foot addition to the rear of the structure; • Removal of six (6) on-site, back-out parking spaces at the front of the building, adjacent to NW 5d' Avenue; • Retention and improvement of four (4) existing backout parking spaces on Martin Luther King Junior Boulevard (NW 2"d Street); • Addition of nine (9) back-out parking spaces to the rear (east) of the property, along the alley, and; Installation of a dumpster enclosure and associated landscaping. The property owner would like to amend the previous approval by enlarging the rear addition, altering the elevations, and providing additional site improvements associated with the development proposal. aai2es~+akia es¢.i.'~:~@~ "'_~C alas }~ . me~sC ~ -~~ ' 1"v?-a-,=3,. ~ „ s .~:~dun~ ~' -~!3 ;i~. E. ',, :'~:~>~a"`7cmiR ~`_.. +~ sa sk F.. ~. o xa The subject application proposes the following: • Rear addition consisting of approximately 1,072 square feet, and measuring approximately 17'3" in height plus a 4' tall parapet; Extending the existing height from 13' to 17'3" feet and adding a 4' tall parapet; • Exterior alterations to the building; • Conversion of nine (9) existing parking spaces to ten (10) parking spaces along the rear alley; • Waiver request to LDR Section 4.6.16(H)(3)(d), landscaping requirements; 739 NW 5th Avenue, Hammatl Shoppe<, 2008-024-$PM HPB Meeting Decefnber 6, 2007 Pace 2 of 9 • Waiver request to LDR Section 4.4.13(F)(1)(a), minimum height requirement in the CBD zoning district; The landscape plan included in the application is essentially the same as that of the previous approval with the exception of the area to the rear (east) of the building where minor modifications have been made to accommodate an additional parking space and the relocated dumpster enclosure. it is noted that as part of the NW/SW 5th Avenue improvements, the Community Redevelopment Agency constructed the parallel parking spaces on along NW 5th Avenue which are not credited toward the amount of parking required for the subject property and its improvements. gi- ~ .~C34F.f~'If~F,~~'4t ~Z..{_ ~ .,f. r,i F~~~,13:~...,,V iL..e. _...-... }. ~_•__ 2.P-. Si'.•v.m~n{6 ~41't ..33_vv....., ..L-'~ ~'~cfE: ?:..-~V..-. ~1 3.... ~ ,:- Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development applicationlrequest. Pursuant to LDR Section 2.4.5(G)(5), Modifications to Site Plans and Development Plans, the approving body must make a finding that the proposed changes do not significantly affect the originally approved plan must be made concurrent with approval of a Class Ill modification. The subject property and its uses currently exist. The proposed changes do not incorporate a change of use that would intensify the subject property and impact its surroundings as the plans note "retail" for each bay. Further discussion and analysis regarding the uses is provided below. Therefore, a positive finding can be made with respect to LDR Section 2.4.5(G)(5). The subject property is subject to the development standards of the CBD (Central Zoning District) zoning district. The following table compares the proposal with the requirements of LDR Sections 4.3.4(K), Development Standards Matrix, and 4.4.13(F), CBD Development Standards: Allowed! ~ proposed ~ ~- - -.._.-..------- ---- Required -- - ---- - - - -1 Minimum Building Height 25' j 17'3" Maximum Building Height 48' .J Minimum Open Space 10% 20% I Pursuant to LDR Section 4.4.13(F)(1)(a), the overall height of buildings shall be a minimum of twenty-five feet (25'). As noted in the chart above, the proposed height of the addition is seventeen feet, three inches (17'3"), which does not meet the minimum height requirement for structures within the CBD zoning district. Therefore, a waiver request has been submitted and is analyzed below. The subject property is located within the West Atlantic Avenue Neighborhood area of the CBD Zoning District. The goal for this area is to provide for development that is consistent with the adopted West Atlantic Avenue Redevelopment Plan and the Downtown Delray Beach Master Pian. The emphasis is on the preservation and enhancement of,existing neighborhoods, while promoting a pedestrian friendly commercial area along Atlantic Avenue that contains a mix of residential, commercial and civic functions. Businesses that are oriented toward serving the local neighborhood, as opposed to a regional area, are encouraged. Therefore, the subject 139 NW 5th Avrnuc. Hammed Shoppes. 2009-024-SPM HPB hteetln9 t7epember 6. 2007 Pape 3 of 9 property is subject to compliance with those additional regulations noted in the LDRs and required for this area. Pursuant to LDR Section 4.4.13(6)(1), general retail uses are permitted. A note to this affect has been provided on the submitted plans. However, there is a grease trap located within the parking area along the alley, as well as a triple sink within the designated "non-a/c storage" area. This is pointed out as the parking calculations provided below are based upon retail use, and not restaurant, which is a more intense use and requires a significant increase in the parking provided. Therefore, if food is prepared and sold on-site, it will be required to be taken off-site in order to comply with the use regulations, and this detail has been discussed with the appllicant. Further, if future plans include the placement of seating outside of the building, compliance with LDR Section 6.6.3, Sidewalk Cafes, would be required. The issuance of a Sidewalk Cafe permit does not require additional parking for the seating provided. Pursuant to LDR Section 4.4.13(H)(3), the sale of automotive parts shall not be allowed within the West Atlantic Neighborhood. The "tire store" noted on the original survey in the central bay is considered a legal nonconformity. If this use has been or is abandoned for more than 180 days, it will no longer be permitted. Pursuant to LDR Section 4.4.13(G)(2)(c), one (1) parking space per 300 square feet of gross floor area is required for all non-residential uses, except restaurants, and hotels and motels. The subject property originally consisted of four (4) spaces that back onto NW 2nd Street, and six (6) spaces that back onto NW 5'" Avenue, providing a total of ten (10). The proposed addition of approximately 1,072 square feet requires an additional four (4) parking spaces, for a total of fourteen (14), which have been provided. Therefore, positive findings can be made with respect to parking. LDR Article 4.6 -Supplemental District Res~ulations: 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 the construction of an enclosure to the rear of the property at the southeast comer and along the alley which complies with this requirement. Right-of-Way Dedication All required dedications were made along with the improvements along NW 5'h Avenue, and the alley located to the rear of the property. Site Lighting Pursuant to LDR Section 4.8.8, site lighting must be provided. Wall mounted light packs and decorative fixtures have been indicated on the building. Two decorative light poles exist along NW 5"' Avenue in front of the subject property. The subject development proposal amends a previous approval which did not require the submittal of a photometric plan. However, upon comparison between the two plans regarding the lighting attached to the structure, the subject proposal exceeds the previous approval. Taking this into consideration, there is concern that without the lighting calculations, there is no determination as to the affect of the proposed lighting onto the adjacent residential properties located to the east and north. Therefore, the lighting provided should match the previous approval, or a photometric plan should be submitted to provide compliant calculations of the proposed wall mounted lighting. 139 NW Slh Avenue, Hammad Shoppes. ?008-0?aSPM HPB Meating December 6, 2007 Paoe 4 of 9 Site Plan Technical Items: The following application requirements, and site plan technical items must be addressed prior to site plan certrFcation. 1. Pursuant to LDR Section 2.4.3(A)(2), a copy of the latest warranty deed, as recorded with the County Clerk, for- all the property under consideration, and a cert~cate from an attorney-at-law or a title insurance company certifying who the current fee simple title holders of record of the subject property are, and the nature and extent of their interest therein shall be submitted. The title certficate shall list all easements, mortgages and encumbrances or record. 2. A Certificate of Appropriateness application form for Architectural Elevations & Color or Material Changes shall be submitted depicting and noting all proposed colors and materials, pursuant to the subject development approval (to be reviewed and approved administratively). 3. Site lighting details, and specifications shall be submitted 4. Submit an indication that the Notification of Utility Providers form has been transmitted to the utility providers. 5. Provide a detailed explanation as to the need for a taller roof and parapet. 6. Provide a roof plan showing the location of all existing and proposed equipment, and its manner of screening. 7. All elevations must depict, via dashed lines, the location. of all roof equipment and it's method of screening. 8. Provide a detailed explanation regarding the proposed uses within the building and include a note on the plan that states there will not be seating provided for food and drink consumption. Landscape Plan The submitted landscape plan is similar to that which was previously approved with the exception of a few minor details primarily located to the rear of the structure. However, there are additional items that should be considered: 1. A small tree should be located within the landscape strip at the northeast corner of the property, located between NW 2nd Street and the alley parking area. 2. Recommend less pavers in front, more grass and perimeter trees as the grass will improve drainage in the front. 3. Elimination of landscape islands, and planting of perimeter trees in the islands, will increase visibility at front of stores, eliminate hiding places, and soften the exterior of the building. The above-noted recommendations should be taken into consideration by both the Board and property owner as their implementation would stand to benefit the property owner. A waiver request has been submitted to LDR Section 4.1i.16(H)(3)(d), which requires a five foot (5') landscape strip between off-street parking areas or other vehicular use areas and abutting properties. The parking at the rear of the property, along the alley, is situated between two landscape strips. The landscape strip between the parking along the alley and NW 2"d Street exists, and measures iwo feet (2') in width. Unfortunately, this lesser width was provided along with the alley improvements at the rear of the property and is an existing condition. Therefore, a waiver is not requested for this nonconformity. However, the proposed landscape strip between the south properly line and parking area/refuse container area measures two feet (2') in width. Therefore, a waiver request has been submitted for this deficiency and is analyzed below, along with the waiver from the minimum height requirement of 25' within the CBD zoning district. 13g NW 5th Avenue, Hammad Shoppes, ?.008-C7.4-SPM HPB Meeting necember 8, 2007 Page 8 of 9 y -t :~ ", n ~ ~ rt w 1'a+A~ ~`t"W'Gfi~ ~',' ~ -' ~~ ~,~~~ ~b 7~ ~#~ 't,y i~3i n~~~" a a ~. a ~~a ' ,,a;neyi3 ,~,~'~ .., li t ~ ._.,_._ .-~. ,, ,., ..~ axF. .< .. ...!~fr`-~M-.._:._._e_ ~+t~s_ ~?._.:, ~~,u'W'E:.. ,.. ,,. ~ .... ~.~:=; s~~~ J 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 sign~cantly 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. 4.4.13(F)(1)(a) - CBD Minimum Height Requirement As previously noted, the minimum height requirement in the CBD zoning district is twenty-five feet (25'). It would be detrimental to enforce the construction of a taller addition when the existing structure on the subject property and those within the immediate surroundings are of a similar or lesser height. The intent of the subject regulation is more appropriate or applicable to those areas within the CBD not associated with an historic property, district, or environment, such as the subject property. Granting the waiver for the subject addition complies with LDR Section 2.4.7(B)(5)(a-d), particularly (a), as the requirement of a taller building would have a negative impact on the properties within the immediate surroundings, and (d) where the granting of these waivers would certainly not be wnsidered a special privilege not granted in similar situations/circumstances on other properties located zoned CBD and located within the West Settlers Historic District. Therefore, positive findings can be made with respect to LDR Section 2.4.7(6)(5). 4.6.16(H)(3)(d) -Perimeter landscaping requirements retating to abutting properties: As previously noted, the minimum width for a landscape strip located between off-street parking areas or other vehicular use areas and abutting properties is five feet (5'). The proposed reduction from five feet (5') to two feet (2') has been submitted in order to accommodate the required parking, and refuse container area located along the alley. Given that the request is associated with an area located at the rear of the property and along the alley, a positive finding with respect to LDR Section 2.4.7(B)(5(a-d) can be made. LDR Sections 4.5.1{E)(7) and (E)(8)(g) "Development Standards" provides guidelines in evaluating Certificates of Appropriateness for the alteration or addition of exterior architectural features. The applicable standards are as follows: (E)(7) The construction of new buildings or structures, or the relocation, alteration, reconstruction, or major repair or maintenance of anon-contributing building or structure within a designated historic district shall meet the same compatibility standards as any material change in the exterior appearance of an existing non-contributing building. Any material change in the exterior appearance of any existing non-contributing building, structure, or appurtenance in a designated historic district shall be generally compatible with the form, proportion, mass, configuration, building material, texture, color, and location of historic buildings, structures, or sites adjoining or reasonably approximate to the non-contributing building, structure, or site. (~(8) All improvements to buildings, structures, and appurtenances shall be visually compatible. Visual compatibility shall be determined in terms of height, front fagade proportion, proportion of openings (windows and doors), rhythm of solids to voids on t39 NW 5th Avenue, Hammatl Shopper, 2.008.024SPM HPB Meeting December G, 2007 Paae G of 9 front facades, rhythm of buildings on streets, rhythm of entrance and/or porch projections, relationship of materials, texture and color, roof shapes, walls of continuity, scale of building, directional expression of front elevation. The applicant is proposing to build an addition consisting of approximately 1,072 square feet to square off the building at the rear, in addition to raising the roof height and extending the existing parapet. In conjunction with this addition the applicant proposes to improve all of the facades of the structure through alterations and the removal of the existing security bars. The front (west) fagade will have three projections constructed around the three entrances with the projection to the northwest corner wrapping around the comer of the structure to NW 2n° Street. The projecting sections will not exceed the added height to the structure whereas the previous approval contained the existing height, and the store fronts exceeded that existing height. Four aluminum green louver awnings will be installed to the front facade, two over the central entrance and one each over the north and south entrances. The front facade will be symmetrical in appearance. Decorative elements include lighting fixtures at either side of each entrance, a 1Yz' simulated stone sill with abull-nose edge (decorative foam) running around the building 4' from ground level, foam cornices to the projecting entrance sections, and a stucco band at the parapet. The main body of the structure will be painted a mustard color below the dado and a light tan color above the dado. A color rendering of the scheme has been submitted; however, paint chips have not been submitted. The north, east, and south facades are of similar design. A wooden trellis will be installed on the north elevation to add a feature to these facades. The proposed alterations to the existing building will sign~cantly improve its overall appearance. 'The new design is clean and simple and will fit in well with the surrounding structures and it complies with the requirements of LDR Sections 4.5.1(E)(7) and (E)(8). The proposed alterations incorporate the use of modern materials and, although the structure is in a historic district, this can be supported as the structure is anon-contributing building. The appearance of the building will be further improved by the removal of the existing security bars from the windows and with the added landscaping. REQi1lRED FINDINGS Pursuant to LDR Section 2.4.5(G)(1)(c)(Class III Site Plan Modification), a Class III site plan modification Is a modification to a site plan which represents either a change in intensity of use, or which affects the spatial relationship among improvements on the land, requires partial review of Performance Standards found in LDR Sections 3.1.1 and 3.2.3, as well as required findings of LDR Section 2.4.5(G)(5). Pursuant to LDR Section 2.4.5(G)(5) (Findings), with a Class III site plan modification formal findings under Section 3.1.1 are not required. However, a finding that the proposed changes do not significantly affect the originally approved plan must be made concurrent with approval of a Class III modification. The development. proposal involves a 1,072 square foot addition to an existing 3,413 square foot commercial property, exterior alterations, and associated site and landscaping improvements. Pursuant to LDR Section 2.4.5(G)(5), this minor modification does not significantly impact the findings as they relate to consistency with the Future Land Use Map, Concurrency or the Comprehensive Plan. Compliance with the Land Development Regulations was discussed earlier in this report. The development proposal has a minor impact on Concurrency items as discussed below. 139 NW 5th Avenue, Hammed Shoppes, 2008.024-SPM HPB Meeting December 6, 2007 Traffic The subject property is located in the City's Transportation Concurrency Exception Area (TCEA), which encompasses the CBD, CBD-RC and OSSHAD zoning districts. The TCF~4 exempts the above-described areas from complying with the Palm Beach County Traffic Performance Standards Ordinance. 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 has not been submitted therefore this has been added as a condition of aooroval. Solid Wast® Requirements The proposed 1,072 square foot addition will generate an added 5.47 tons of solid waste per year [(1,072 sq.ft. x 10.21bs./sq.ft./year = 10,934.4 Ibs/2,000 Ib. = 5.47 tons)]. The Solid Waste Authority indicates in its annual report that the established level of service standards for solid waste will be met for all developments until 2021. The Community Redevelopment Agency (CRA) considered the subject development proposal at its meeting of November S, 2007, and recommended approval. The Downtown Development Authority (DDA) considered the subject development proposal at its meeting of November 12, 2007, and recommended approval subject to compliance with CPTED (Crime Prevention through Environmental Design) requirements regarding lighting and landscaping. The West Atlantic Redevelopment Coalition (WARC) considered the subject development proposal at its meeting of November 14, 2007, and recommended approval with clarification given to Staff regarding the uses, and addressing parking concerns. _ _ ~~{. -~ rwm s~ ~. +si'" .~. ~I ~ eof~'a r ~~ll~„~~ p ~'~~N'_'.,yniFY!. ' .R: ~ ~ 1. - i ki. p _ v'V3 fiY.Pia'~; The development. proposal involves a 1,072 square foot addition to a commercial building, exterior alterations, and associated site and landscaping improvements. The improvements to the property are appropriate for the West Settlers Historic District and will improve a currently blemished building which is situated on a prominent location. The proposal will be consistent with the LDRs and policies of the Comprehensive Plan upon compliance with the conditions of approval. r i_~^*-. A. Continue with direction. B. Move approval of the COA and associated Class III site plan modification, landscape plan, design elements, and waiver requests for 139 NW 5~' Avenue, Hammad Shoppes, West Settlers Historic District, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in the Land Development Regulations and the Delray Beach Historic Preservation Design Guidelines. C. Move denial of the COA request and associated Class III site plan modification, landscape plan, design elements, and waiver requests for 139 NW 5th Avenue, Hammad Shoppes, West Settlers Historic District, based upon a finding that the request is inconsistent with 139 NW 5th Avenue, Hammad Shoppes. 2008-024-SPM HPB Meeting Oece~nbet 6, 2007 Paae 8 of 9 the Comprehensive Plan and does not meet criteria set forth in the Land Development Regulations and the Delray Beach Historic Preservation Design Guidelines. ';-i?. ~~,,°~i.y _a. ._. .., ~'. ~v, -..:. -.r._~ r~ ._,: .ate,,. 1e ,_~ ,... ~".-`-.. _.a, ..-.._._ -?-°.a. ,. 3; By Separate Motions: Site Plan Modification Move approval of the COA and associated Class III site plan mod'Ification for 139 NW 5"' Avenue, Hammad Shoppes, West Settlers Historic District, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in the Land Development Regulations and the Delray Beach Historic Preservation Design Guidelines subject to the following conditions: 1. That paint chip samples of the proposed colors are submitted; 2. That the proposed lighting is revised to match the previous approval or a photometric plan is provided to show the calculations of the proposed lighting; 3. That a traffic statement is submitted; 4. That the following submittal and site plan technical items are addressed prior to site plan certification: a. Pursuant to LDR Section 2.4.3(A)(2), a copy of the latest warranty deed, as recorded with the County Clerk, for all the property under consideration, and a certificate from an attorney-at-law or a title insurance company certifying who the current fee simple title holders of record of the subject property are, and the nature and extent of their interest therein shall be submitted. The title certificate shall list all easements, mortgages and encumbrances or record. b. That a Certificate of Appropriateness application form for Architectural Elevations & Color or Material Changes be submitted depicting and noting all proposed colors and materials, pursuant to the subject development approval. c. Site lighting details, and specifications shall be submitted d. Submit an indication that the Notification of Utility Providers form has been transmitted to the utility providers. e. Provide a detailed, written explanation on the revised plans as to the need for a taller roof and parapet. f. Provide a roof plan showing the location of all existing and proposed equipment, and its manner of screening. g. All elevations must depict, via dashed lines, the location of all roof equipment and methods of screening. h. Provide a detailed explanation regarding the proposed uses within the building which also clarifies that there will not be seating provided for food and drink consumption, and provide a note on the revised plans. Landscape Plan Move approval of the COA and associated landscape plan for 139 NW 5"' Avenue, Hammad Shoppes, West Settlers Historic District, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in the Land Development Regulations and the Delray Beach Historic Preservation Design Guidelines with consideration given to the following: 1. A small tree should be located within the landscape strip at the northeast corner of the property, located between NW 2nd Street and the alley parking area. 2. Recommend less pavers in front, more grass and perimeter trees as the grass will improve drainage in the front. "'9 Nt+ i +,r;:cu~ } ,•, a~ i ,( r ~~:0'r S('Lt h9F'F3 vLr r . ;+~.e t I I-"aae i; r~;Y 9 3. Elimination of landscape islands, and planting of perimeter trees in the islands, will increase visibility at front of stores, eliminate hiding places, and soften the exterior of the building. Design Elements Move approval of the COA and associated design elements for 139 NW 5`h Avenue, Hammad Shoppes, West Settlers Historic District, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in the Land Development Regulations and the Delray Beach Historic Preservation Design Guidelines Waivers Recommend approval to the City Commission for the waiver request to LDR Section 4.4.13(F)(1)(a), which requires a minimum height of twenty-five feet (25') within the CBD zoning district. Recommend approval to the City Commission for the waiver request to LDR Section 4.6.16(H)(3)(d), which requires that a 5' landscaped barrier be provided between the off-street parking area or other vehicular use area and abutting properties, based on positive findings. Report prepared by: Amy E. Alvarez, Historic Preservation Planner Attachments: • Location Map • Site Plan ~3~3 i i ; 3 3 i i i J A T L A N T I C A V E N U E N HAMMAD SHOPPES ~! O 139 NW 5TH AVENUE PROPFR TY qlY of GELRAY BEACH, R LOCATION MAP PLANNING k 2CNING OEPARINFNT __ O/G/TAL RISE IMP SY57EM -- IMP REF: 5:\riamwp x toning We.~\nm-~.uu~a-u. ~~~~-~.~.. w •••~•-~•°••••••-~ -••+~ a v ALLEY ~_ NEW 2'-0" DEDICATED RIGHT OF N1AY LANDSGVAPED AREA BY CITY TYP F- w w v C N Z Ar+osGVAPED AREA Br att YP ~ I EX UTILITY POLE 8'-0" 8'-0' q,-0' TgVi GAL p ~ GREA TRAP ~ ~ EX HALTIG PA GOVT. N6 AARKI 0 0~ GONG YiALKYVAY (- GREEN AREA TYP PRPOSED ITION t- coNr. ~ r1~i: vx;ffi. srGP I ~ ~ PARKING ~ ~"/% ~/ I OFF SITE PARKI~J6 STAMPED AND PAINI~ED SIDEYIALK TO BE TORED BRICK PAVER PLANTER 80X BY CITY (GRAI COLOR TO BE EX GONG UTILItt COODINATID 4W- p~ GIN GRA NW 5th AVENUE SITE PLAN SCALE: I/20'=1'-0' MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager~~ DATE: December 6, 2007 SUBJECT: AGENDA L.TEM 9.G. -REGULAR COMMISSION MEETING OF DECEMBER 1~ 20.07 WAIVER REQUESTS/COMMUNITY LAND TRUST INC. ITEM BEFORE COMMISSION City Commission waiver of requirements to LDR Sections 4.1.4(D) and 4.7.12, Other Incentives, governing the use of 40-foot lots under the Workforce Ordinance for four (4) parcels submitted for permitting by the Community Land Trust. The properties are addressed as 313 SE 5~' Street, 317 SE 5~' Street, 46 NW l la` Avenue and 48 NW l la' Avenue. BACKGROUND The Workforce Housing Ordinance was amended in Apri12006 to include an incentive added to induce the construction of workforce housing units in the City. Lots of record that have at least 40 feet of frontage may be used, as long as the workforce unit meets the typical designs represented by the sketches set forth in LDR Section 4.7.12 and the additional requirements of Section 4.1.4(D) as well as other applicable code provisions are met. Under this section, housing units constructed on 40-foot lots must include rear access via an alley, if available, and contain certain design features that aze prescribed within the language of the ordinance. The four units submitted for permitting do not meet the requirements specified under Section 4.1.4(D) and 4.7.12. The units aze designed to have the garage access from the street; the alleys at both locations are adjacent and unimproved. The units proposed to be constructed are not consistent with the designs and sketches specified in the approved Workforce Ordinance. The Community Land Trust (CLT) has indicated that the designs contained within the ordinance will substantially increase the cost of the construction, making the units less affordable. Staff believes it is now necessary to revisit this section of the Workforce Ordinance and put forth the appropriate amended language that will reasonably facilitate the use of the 40-foot lots of records under the affordable housing initiative. Section 2.4.7(B)(5) allows the City Commission to consider the waiver request with a finding of fact that the granting of the relief does not diminish the practical application of the affected regulation (requirement) and that by granting such relief a superior development product will result. FUNDING. SOURCE N/A RECOMMENDATION Staff is recommending City Commission waivers to Section 4.1.4(D) and Section 4.7.12 of the Land Development Regulations governing the use of 40-foot lots associated with Workforce Units with a finding of fact pursuant to Section 2.4.7(8)(5). IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR 313 SE 5th STREET ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. These waiver requests have come before the City Commission on December 11, 2007. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for the workforce housing lot located at 313 SE 5`" Street. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. WAIVER: Pursuant to LDR Section 4.1.4(D) workforce housing units with forty (40) feet of frontage must meet the typical designs represented by the sketches set forth in Section 4.7.12; must include rear access via an alley, if available; and must also contain design features such as, but not limited to, front porches, eyebrows, outriggers, gables, dormers, arbors, trellises, shutters, balconies, decorative vents, siding, textured stucco finishes, undulating facades and other such appropriate architectural features. The applicant has requested a waiver from these requirements. Pursuant to LDR Section 4.7.12 lots of record that have at least 40 feet of frontage may be used for workforce housing, as long as the workforce housing unit meets the typical designs represented by the sketches set forth in this section and the additional requirements of 4.1.4(D). The applicant has requested a waiver from this section. 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. Does the waiver request to Section 4.1.4(D) meet all the requirements of 2.4.7(6)(5)? Yes No 1 Does the waiver request to Section 4.7.12 meet all the requirements of 2.4.7(8)(5)? Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the waiver requests to LDR Sections 4.1.4(D) and 4.7.12. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 11'h day of December, 2007, by a vote of in favor and 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 317 SE 5th STREET ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. These waiver requests have come before the City Commission on December 11, 2007. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for the workforce housing lot located at 317 SE 5th Street. 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 4.1.4(D) workforce housing units with forty (40) feet of frontage must meet the typical designs represented by the sketches set forth in Section 4.7.12; must include rear access via an alley, if available; and must also contain design features such as, but not limited to, front porches, eyebrows, outriggers, gables, dormers, arbors, trellises, shutters, balconies, decorative vents, siding, textured stucco finishes, undulating facades and other such appropriate architectural features. The applicant has requested a waiver from these requirements. Pursuant to LDR Section 4.7.12 lots of record that have at least 40 feet of frontage may be used for workforce housing, as long as the workforce housing unit meets the typical designs represented by the sketches set forth in this section and the additional requirements of 4.1.4(D). The applicant has requested a waiver from this section. 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. Does the waiver request to Section 4.1.4(D) meet all the requirements of 2.4.7(8)(5)? Yes No 1 Does the waiver request to Section 4.7.12 meet all 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 in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the waiver requests to LDR Sections 4.1.4(D) and 4.7.12. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 11`" day of December, 2007, by a vote of in favor and opposed. ATTEST: Rita Ellis, Mayor Chevelle Nubin, City Clerk 2 S.E. 2ND ST. ~~ a a a 3RD ~\ (~~~ ST. w ui ~ ~~ ' DELRAY BEACH ' WOMEN"S i CLUB ST. BARRTON APT CONDOS CHURCHILL CONDO CURRIE COMMONS S.E. BARNETT DRIVE-THRU } Q 3 w H Q 3 J Q H N Q O U Q H Z N ~,,,~, -~ ~ 313 & 317 S.E. 5TH STREET GTY OF DELRAY BEACH, FL DBCLT PROPERTY PLANNING k 20NING DEPARTMENT -- DlCITAL &ISE MAP SYSTEM -- MPP REF: LMA-319 P•~ ~-. f6' f~1.~y i 1 t SeT sag" /,e~yfeaio ilr~ +ec~s- z Flo Zlllll g ~-4~~0~^ ~,~~~ LOT 10 BLOCK 4 Ff~ ~~ k4~1k+Se.. C41Cv (4'1"IOFiS ~~ 7„~0,~1 A+aa : ~. br 0~1 ~ Ft} ff Af~ S '~i jb a94~:S'o8y~Qf L~~1~ffa7 c ~lFi~' pgyY; ltd SET°X'Gr/~ 1 ~~/.~ tae) KFr xt~Oras`J~" ~ ~~ ,~_ ~I.S~r`}~ ~00J ~ ~- SsSFr3 ~ ~~ ~,,;,ae~ ADDRESS: SE 5th STREET DELRAY BEACH, FLORIDA FLOOD ZONE 'X' COMMUNITY: CITY OF DELRAY BEACH, FL COMMUNITY'PANEL NO.: 1251D2-~Q4-D MAP REVISED: JANUARY 5, 1989 MlnixEw NASgN, PE. ssszs6 -P.0.80X 759 BOYNTON BEACH. FL 53695 .s ~ .e /5.83 p CoV •1 k. _,-., I. ~ a. ~ a ~ O ~ ~ ~~ Ii4~ ~ i$ H I oI ~y ~ .b111 $ Yt ~ ~ Y i r ~ o J I ti la I c ~ ` I 11 r_--; ,~ 4 s f . t ~ ''~- ~ I'~ ~ 1 -~i ~ M dII ,y ~I L I r . N ~I`-1 o-~ .• . ~..~ . _,I I -... '. M ~ ra rN, tip . ~19j' S p~.6~ N .. . f6buvo %" /+PO/vRCO .~fc.PP G~~) 1,lAL'C~ (~, --~~=--3r~ T8 ~ BOCK 4 V~ n ~ ~ 1~ t~. f~vMO ht"~,u~ ~"'~ 93~ . _.:-` ~ 17 $E $~ 57JPEET ~ . ,: , ' 'I ~~ I c e g ~ ~~ LL ~a $Q w? Q, pp ~ N 0 iq `fl u 0 O `~} 7~ ryF Ar.- V O Q~ Q Z 0 B r 0 '~ W v J {W v , ~. M n ... Q U IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR 46 NW 11"' AVENUE ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. These waiver requests have come before the City Commission on December 11, 2007. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for the workforce housing lot located at 46 NW 11 `h Avenue. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. WAIVER: Pursuant to LDR Section 4.1.4(D) workforce housing units with forty (40) feet of frontage must meet the typical designs represented by the sketches set forth in Section 4.7.12; must include rear access via an alley, if available; and must also contain design features such as, but not limited to, front porches, eyebrows, outriggers, gables, dormers, arbors, trellises, shutters, balconies, decorative vents, siding, textured stucco finishes, undulating facades and other such appropriate architectural features. The applicant has requested a waiver from these requirements. Pursuant to LDR Section 4.7.12 lots of record that have at least 40 feet of frontage may be used for workforce housing, as long as the workforce housing unit meets the typical designs represented by the sketches set forth in this section and the additional requirements of 4.1.4(D). The applicant has requested a waiver from this section. 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 to Section 4.1.4(D) meet all the requirements of 2.4.7(6)(5)? Yes No 1 Does the waiver request to Section 4.7.12 meet all the requirements of 2.4.7(B)(5)? Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the waiver requests to LDR Sections 4.1.4(D) and 4.7.12. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 11~h day of December, 2007, by a vote of in favor and 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 48 NW 11t" AVENUE ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. These waiver requests have come before the City Commission on December 11, 2007. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for the workforce housing lot located at 48 NW 11 `h Avenue. 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 4.1.4(D) workforce housing units with forty (40) feet of frontage must meet the typical designs represented by the sketches set forth in Section 4.7.12; must include rear access via an alley, if available; and must also contain design features such as, but not limited to, front porches, eyebrows, outriggers, gables, dormers, arbors, trellises, shutters, balconies, decorative vents, siding, textured stucco finishes, undulating facades and other such appropriate architectural features. The applicant has requested a waiver from these requirements. Pursuant to LDR Section 4.7.12 lots of record that have at least 40 feet of frontage may be used for workforce housing, as long as the workforce housing unit meets the typical designs represented by the sketches set forth in this section and the additional requirements of 4.1.4(D). The applicant has requested a waiver from this section. 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 to Section 4.1.4(D) meet all the requirements of 2.4.7(B)(5)? Yes No 1 Does the waiver request to Section 4.7.12 meet all the requirements of 2.4.7(B)(5)? Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves _ denies the waiver requests to LDR Sections 4.1.4(D) and 4.7.12. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 11`" day of December, 2007, by a vote of in favor and opposed. ATTEST: Rita Ellis, Mayor Chevelle Nubin, City Clerk 2 S. D. SPADY ELEMENTARY ~ SCHOOL a N.W. 3RD ST. N.W. 3RD ST. w ~ ~ a POMPEY < PARK n N.W. 2ND ST. MARTIN LUTHER KING JR. DRIVE 1~.. w a ~ a r o m rt S x r x f r N ~ N.W. f 1ST ST. 01 1 3 3 z z 3 +lJ 3 3 3 3 z 1- z z z ~ Q H to Wes' F Z ATLANTIC AVENUE ~ ~ ~ AMOCO ATLANTIC A V E N U E ~' ~-- ~ GATEWAY ~a~¢ ~ I nC i MINI PARKS ` ~ .7J > a a a a r r a N .- ~ m S.W. 1ST ST. _ m a n 3 3 3 3 3 3 3 3 1/1 U1 VI VI VI UI UI UI N ,,,~ ~ 46 & 48 N.W. 11TH AVENUE QTY OF DELRAY BEACH, FL DBCLT PROPERLY PLANNING @ 20NING DEPARTMENT -- DlG/TAC &ISE MAP SYSTEM -- MM REF: L1AA-218 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS / f t~ // C FROM: AMY E. ALVAREZ, HISTORIC PRESERVATION PLANNER -1~ - PAUL DORLING, AICP, DIRECTOR OF PLANNING AND ZONING~~ j THROUGH: CITY MANAGER ~~ DATE: SUBJECT: ITEM BEFORE COMMISSION The action requested of the City Commission is consideration of a waiver to LDR Section 4.4.13(F)(1)(a) which requires that the overall height of buildings be a minimum of twenty five feet (25') feet pursuant to LDR Section 2.4.7(8)(5). BACKGROUND At its meeting of May 2, 2007, the Historic Preservation Board (HPB) approved the Certificate of Appropriateness and Class IV Site Plan Modification for the Susan Williams and Spady Cultural Complex. The development proposal consists of the construction of an outdoor amphitheater having an overall height of sixteen feet, six inches (16'6") and atwo-story ancillary building having a maximum height of twenty-four feet (24'). The HPB considered the subject waiver request and recommended approval. Pursuant to LDR Section 2.4.7(8)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. WAIVER ANALYSIS It would not appear appropriate to require the construction of a taller addition when the existing structure on the subject property and those within the immediate surroundings are of lesser height. The intent of the subject regulation is to assure an appropriate scale within the CBD. This minimal height requirement of twenty five feet (25') is appropriate in most of the CBD zoning district and when the structure is not associated with a historic property, district, or environment, such as the subject property. Granting the waiver would assure compliance with LDR Section 2.4.7(B)(5)(a-d), particularly (a), as the requirement of a taller building would have a negative impact on adjacent properties, and (d) the granting of this waiver would not be considered a special privilege and DECEMBER 6, 2007 Waiver Request for Susan Williams and Spady Cultural Complex City Commission Regular Meeting -December 11, 2007 would be granted in similar situations/circumstances on other properties. Therefore, positive findings can be made with respect to LDR Section 2.4.7(6)(5). RECOMMENDATION Approve the waiver to LDR Section 4.4.13(F)(1)(a), which requires that the overall height of buildings be a minimum of twenty-five feet (25'), allowing a minimum height of sixteen feet, six inches (16'6") and twenty-four feet (24') for two individual structures, based on a positive finding with respect to LDR Section 2.4.7(8)(5). Attachments: Historic Preservation Board Staff Report dated May 2, 2007 2 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR SUSAN WILLIAMS AND SPADY CULTURAL COMPLEX ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. The waiver request has come before the City Commission on December 11, 2007. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for the Susan Williams and Spady Cultural Complex 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 4.4.13(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 two-story building addition is 24' and the outdoor amphitheater is 16'6". The applicant has requested a waiver from the minimum building height. 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 4.4.13(F)(1)(a) to reduce the minimum building height to 24' for the building addition comply with the requirements of 2.4.7(6)(5)? Yes No Would the waiver of Section 4.4.13(F)(1)(a) to reduce the minimum building height to 16'6' for the outdoor amphitheater 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 1 submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves or denies the waiver request as follows: LDR Section Approve Deny 4.4.13.(F)(1)(a) (reduce minimum height from 25' to 24') 4.4.13.(F)(1)(a) (reduce minimum height from 25' to 16'6") 6. Based on the entire record before it, the City Commission hereby adopts this Omer this 11"' day of December, 2007, by a vote of in favor and opposed. ATTEST: Rita Ellis, Mayor Chevelle Nubin, City Clerk 2 HISTORIC PRESERVATION BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: May 2, 2007 ITEM' Class IV Site Plan Application and Certificate of Appropriateness (2006-163) associated with the rehabilitation of a contributing structure, construction of a two-story ancillary building, construction of an amphitheater, and additional landscaping and site improvements for the property located at 154-170 NW 5"' Avenue, West Settlers Historic District. GENERAL DATA: Owner/Applicant ............ ............. EPOCH Location ......................... ............. Located on the west side of NW 5~h Avenue, between NW 1s~ Street and Martin Luther King Jr. Drive (NW 2n° Street) Property Size ................. ............. 0.475 Acres Future Land Use Map .... ............ CC (Commercial Core) Current Zoning ............... ............. CBD (Central Business District) Adjacent Zoning ............. ...North: CBD East: CBD, CF (Community Facility) South: CF West: R-1-A (Single-Family Residential) Existing Land Use .......... ............ Museum Proposed Land Use ....... ............. Cultural Complex Water Service ................ ............. Available on site Sewer Service ................ ............. Available on site 43S 'M'N n LJ Z 6 J a w f- m m~ _a z 0 a w w ~' a~i N Z Q Q W J W~ R~ Z~ z 0 a ~~ w~ 3 Y Q Q 7 W we QF 'ay QX g~ E 3 ~ ~ ~~ ~~ ' ~EiE ~ ~ s ~ SNOIlVA3l3 ~ jl~ 1~ ~ H31tl3H11HdWV M3N~ ~ ffi yy g ~~ i - ~eR>3 $ (~ ' ylll ~~i~~ I ~ '~ ~ rmgv lnraa .wvo i i p 0 G Q i ~ sxur aa..m ~1, ~ i ~dwoo ivdru~no ~avde a ~ ~t ~ ~ a k~ [[~ b sY.a~ ~ ~l~G o ~tlo~ < pfi > d'<C ~ Zi'k~ W W W gg ~~jj~ J 25~ N~ ~~ W~ (!1~ w a ~~ ~ ~BG~g ~W~G ~~ d ~ I S I 3 I deb I 4~~ I Z ~d~ ':'I O F ~0 -.I I i i w .. ~. .. WNb I ~~ 3~ ~ O~ i z W 4 s ,, s w d° d ~!i i 3 € ° e SNOI1tlA313 ~' ~ ~1 I 33f10H SWVII'lIM '3 D~1SIX3 T ~` %31dM00 1V1Y111f10 AdVd6 5 Il 3 b 2 K' i y X W_ Z O f- 6 W J W. ~~ i- dJ X W_ Z O h W wp ~i W~ W .k m~ g~ ~ _ e Ea~~ ~~0~$ ~€ w X W_ Z 6 J W j~ (J N a S ~~' d ~ ®;4'G~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS j~ y FROM: AMY E. ALVAREZ, HISTORIC PRESERVATION PLANNER~~*~-~"V PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING~~~ THROUGH: CITY MANAGERS-~ DATE: DECEMBER 6, 2007 SUBJECT: ITEM BEFORE COMMISSION The action requested of the City Commission is consideration of a conditional use extension request to establish an outdoor amphitheater as part of the Susan Williams and the Spady Cultural Complex, pursuant to LDR Section 2.4.4(F)(1) and (3). BACKGROUND At its meeting of January 3, 2006, the City Commission approved the conditional use request for the establishment of an outdoor amphitheater as part of a development approval for renovations of the Susan Williams House, an Individually Designated Property listed on the Local Register of Historic Places. The conditional use approval was granted subject to the following conditions which should be attached to any extension approval: 1) That EPOCH receive written permission from St. Paul's for use of its parking facility for any particular event, or that other arrangements acceptable to the City are made; 2) That the amphitheater is not used if the parking arrangement with St. Paul's is terminated unless other parking arrangements are made which are acceptable to the City; 3) That EPOCH obtain City approval for any event at which more than fifty (50) attendees are expected; 4) That no more than three daytime and two nighttime events are held weekly. 5) That the hours of operation on Fridays and Saturdays not extend beyond 11:00 pm and 10:00 pm on all other days; 6) That EPOCH apply to the City for a special permit for any event where the amphitheater is to be rented to a third party, including approval of any amplified sound at the event. 7) That amplified sound be otherwise permitted only at Kids Cultural Club and EPOCH events. At its meeting of May 2, 2007, the Historic Preservation Board approved the Class IV site plan application for the subject development. Additional background information and full analysis of the conditional-use proposal can be found in the attached Planning and Zoning Board staff report, dated December 15, 2005. Pursuant to LDR Section 2.4.4(F)(1) (Extensions), extensions may be granted to the previously approved application, pursuant to the following: Conditional Use Request for Susan Williams and Spady Cultural Complex City Commission Regular Meeting -December 11, 2007 • 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. A written request was received by the Planning and Zoning Department on November 28, 2007, within forty-five (45) days of the expiration date of January 3, 2008. The extension does not specify a requested timeframe; therefore, if granted, it shall be for eighteen (18) months. LDR Section 2.4.4(F)(3) "No Construction" Pursuant to LDR Section 2.4.4(F)(3), when the project has not commenced construction, or construction has not been deemed substantial, the request for extension shall be considered pursuant to the following: (a)The project shall be evaluated pursuant to the land development regulations in effect at the time of consideration of the extension request and shall comply with such current requirements; (b)Additional submittal information including a new application and copies of previously submittal material maybe required; (c) The granting body must make findings pursuant to 2.4.4(8); (d) The granting body may impose additional conditions of approval pursuant to 2.4.4(C) to insure compliance with any applicable changes to regulations or changes in circumstances which have occurred since the previous approval. The applicant submitted the following verbatim statement, regarding the delay with the construction of the proposed project and as justification for the extension request: "Since the Conditional Use Approval, Joseph Middlebrooks & Associates ceased to be the architect of record and Judson Architecture, Inc. (JA) took over the project on June 13, 2006. The first task was to address outstanding technical comments from October 2005 that were not reflected on Joseph Middlebrooks' latest site plan submittal. JA addressed the outstanding technical comments and resubmitted for site plan review on November 16, 2006. Further comments were issued and JA attended a meeting with EPOCH and select staff from City of Delray Beach on December 13, 2006 to come to a consensus on the site plan review comments. JA then made the necessary revisions and submitted once again on March 16, 2007 for site plan review. On May 2, 2007, the Site Plan Submittal was reviewed before the Historic Preservation Board (HPB) and was granted a conditional approval. Thereafter, JA made design changes to the Support Facility Elevations as part of the terms outlined in the HPB conditional approval. Once the elevations were acceptable to the Historic Preservation Board, JA worked diligently on the construction documents. During this time; however, design discrepancies arose which slowed down our progress. EPOCH also made the decision to phase the project. For Phase 1, JA submitted permit drawings on August 10, 2007 for select interior demolition of the Susan Williams House in order to complete a full structural inspection of the existing historic house. The drawings were approved, and we are currently in the process of drafting the bid criteria for the selection of a Construction Manager at Risk. We expect to solicit for a Construction Manager at Risk by January 7, 2008. For Phase ll, we will submit revised plans for Site Plan Certification based upon the conditions of approval determined at the HPB meeting held May 2, 2007. We will also Conditional Use Request for Susan Williams and Spady Cultural Complex Citv Commission Regular Meeting -December 11.2007 include a phasing plan with the revised Site Plan submittal. Upon certification, JA will submit permit drawings for the construction of the Amphitheater and Support Facility. EPOCH has also decided to hire theater consultants to refine the Amphitheater design, which we are currently coordinating. Under Phase 111, we will submit permit drawings for the restoration and renovation of the Susan Williams House, pending selection of a Construction Manager at Risk and the selective interior demolition. We once again request an extension for the Amphitheater Conditional Use Approval based on the aforementioned items which have contributed to several delays in the progress of the project. We expect to permit all aspects of the project by the end of March 2008." Upon consideration of the criteria noted above, positive findings can be made with respect to the subject extension request in that there have not been any changes to the LDRs, including the CBD design guidelines revisions adopted in 2007, which would affect the subject development neither since its conditional use nor site plan approvals. In addition, any concerns regarding the establishment of the outdoor amphitheater were addressed upon approval of the subject conditional use. Further, it is evident that the development team is working diligently on the development plans and expects to submit final plans for permitting within the near future. Pursuant to LDR Section 2.4.4(F)(1)(d), eighteen month extensions are allowed by code unless otherwise stated. Therefore, the extension request would be valid through July 3, 2009 as no additional time has been requested. RECOMMENDATION Approve the extension request of the Conditional Use approval for 154-170 NW 5`h Avenue, Susan Williams and Spady Cultural Complex, allowing the establishment of an outdoor amphitheater 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) & (3) of the Land Development Regulations subject to the original conditions of approval, with said approval to be valid until July 3, 2009. Attachments: • Extension Request Letter dated November 28, 2007 • Historic Preservation Board Staff Report Dated November 16, 2005 -12/03/2007 10:48 FAX 3057559945 JUDSON ARCHITECTURE INC [aJ004/000 `~ -- , J U DSON AND PARTNERS ARCHfTEC"f"S • PLANNERS • INTERIOR DESICUN November 26, 2007 City of Delray Beach Planning & Zoning Department 100 NW 151 Avenue Delray Beach, FL 33444 Re: 2006-163-SPF-FIPB-CL5 Spady Cultural Complex 154-170 NW 51h Avenue I I ' i ~ t 'I ~~ ~ ~ ;, t A ~~1 ; ID`~~'~a~~l~~ ~~ ~~ DEC p 4 2007 ~~' II~ IJ _.________.. J,~1 PLANNING, & ZONING Project No.: 06J012 Subject: Amphitheater Conditional Use Approval -Extension Request Dear Ms. Alvarez: We are requesting an extension for the Amphitheater Conditional Use Approval which will expire an January 3, 2008. Since the Conditional Use Approval, Joseph Middlebrooks & Associates ceased to be the architect of record and Judson Architecture, Inc. (JA) took over the project on June 13, 2006. The first task was to address outstanding technical comments from October 2005 that were not reflected on Joseph Middlebrooks' latest site plan submittal. JA addressed the outstanding technical comments and resubmitted for site plan review on November 16, 2006. Further comments were issued and JA attended a meeting with EPOCH and select staff from City of Delray Beach on December 13, 2006 to come tc a consensus on the site plan review comments. JA then made the necessary revisions and submitted once again on March 16, 2007 for site plan review, On May 2, 2007, the Site Plan Submittal was reviewed before the Historic Presentation Board (HPB) and was granted a conditienaf approval. Thereafter, JA made design changes to the Support Facility Elevations as part of the terms cutlined in the HPB conditional approval. Once the elevations were acceptable to the Historic Preservation Board, JA worked diligently on the construction documents. During this time; however, design discrepancies arose which slowed down our progress. EPOCH also made the decision to phase the project. For Phase I, JA submitted permit drawings on August 10, 2007 for select interior demolition of the Susan Williams House in order to complete a full structural inspection of the existing historic house. The drawings were approved, and we are currently in the process of drafting the bid criteria for the selection of a Construction Manager at Risk. We expect to solicit for a FI'.\RRq,IECT DOCUMENTATION\SPADY CVII'URAL COMRLEX~Oti,1012'AA-COrcespontlence\Ltr_Amy Alvarez 111907 Rev_vl.doc 78425 NW 2nd Ave, Sulte a1t602, Miaml Oartlene, Flodde 33169 • PH (305) 090 5988. Fex (30b) 8905201 • E-Mall: JudaanArchiteQ®Dellsouth.net 12/03/2007 10:49 FAR 3057559945 JUDSON ARCHITECTURE INC f>~oos/ooo Construction Manager at Risk by January 7, 2008. For Phase II, we will submit revised plans for Site Plan Certification based upon the conditions of approval determined at the HPB meeting held May 2, 2007. We will also include a phasing plan with the revised Site Plan submittal. Upon certification, JA will submit permit drawings for the construction of the Amphitheater and Support Facility. EPOCH has also decided to hire theater consultants to refine the Amphitheater design, which we are currently coordinating. Under Phase III, we will submit permit drawings for the restoration and renovation of the Susan Williams House, pending selection of a Constructian Manager at Risk and the selective interior demolition. We once again request an extension for the Amphitheater Conditional Use Approval based on the aforementioned items which have contributed to several delays in the progress of the project. We expect to permit all aspects of the project by the end of March 2008. Please contact our office should you have any questions or concerns. Thank. you. Sincerely, G ~~~ Clyd J(~ on, r CWJ/vml CG: Daisy Fulton ~ \~~y~i~l, H:\PROJF_CT DOCUMENTATION\SPADY CULTURAL COMFIEX-G&J012\04-Con aspon Aenre\Ltf_Amy Alvarez 11190] Rev_vLtloc ~,~~ RUDSONLAI~YD PARo pERS ~_._. . 18425 NYV 2nd Ave, Sui[a N402, Miami (3ardanis, florWa 331 G8 • PH (305) 680-5866 + felt (305) 680-6201 • E-Mall: JudsonArchMecl~b511aouth.nal IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA EXTENSION REQUEST FOR CONDITIONAL USE APPROVALS GRANTED TO THE SUSAN WILLIAMS AND SPADY CULTURAL COMPLEX 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 11, 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 Susan Williams and Spady Cultural Complex. 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)(3). 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)(7) been met? Yes No 5. In making a determination under LDR Section 2.4.4(F)(3) the Commission shall consider the following: (a) The project shall be evaluated pursuant to the land development regulations in effect at the time of consideration of the extension request and shall comply with such current requirements; q.T (b) Additional submittal information incuding a new application and copies of previously submittal material may be required; (c) The granting body must make findings pursuant to 2.4.4(6); (d) The granting body may impose additional conditions of approval pursuant to 2.4.4(C) to insure compliance with any applicable changes to regulations or changes in circumstances which have occurred since the previous approval. Have the requirements of Section 2.4.4(F)(3) been met? Yes No 6. The comments and notes set forth in the staff report are hereby incorporated herein. 7. The City Commission has applied the 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. 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 to allow the previous conditional use approval, subject to the original conditions of approval, to be valid until July 3, 2009. The City Commission hereby adopts this Order this 11"' day of December, 2007, by a vote of in favor and opposed. Rita Ellis, Mayor ATTEST: Chevelle Nubin City Clerk 2 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA EXTENSION REQUEST FOR CONDITIONAL USE APPROVALS GRANTED TO THE SUSAN WILLIAMS AND SPADY CULTURAL COMPLEX 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 11, 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 Susan Williams and Spady Cultural Complex. 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)(3). 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 othervvise 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)(3) the Commission shall consider the following: (a) The project shall be evaluated pursuant to the land development regulations in effect at the time of consideration of the extension request and shall comply with such current requirements; (b) Additional submittal information including a new application and copies of previously submittal material may be required; (c) The granting body must make findings pursuant to 2.4.4(6); (d) The granting body may impose additional conditions of approval pursuant to 2.4.4(C) to insure compliance with any applicable changes to regulations or changes in circumstances which have occurred since the previous approval. Have the requirements of Section 2.4.4(F)(3) been met? Yes No 6. The comments and notes set forth in the staff report are hereby incorporated herein. 7. The City Commission has applied the 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. 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 to allow the previous conditional use approval, subject to the original conditions of approval, to be valid until July 3, 2009. The City Commission hereby adopts this Order this 11"' day of December, 2007, by a vote of in favor and opposed. Rita Ellis, Mayor ATTEST: Chevelle Nubin City Clerk 2 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: December 1g, 2005 AGENDA ITEM: Iv.6. ITEM: Conditional Use Request to Allow the Establishment of an Outdoor Amphitheater at the Susan Williams and S.D. Spady Cultural Arts Center Site located at 154-170 NW 5`" Avenue in the West Settlers Historic District. GENERAL DATA: Owner/Applicant ....................... Location .................................... Property Size ........................... Future Land Use Map .............. Current Zoning .. EPOCH .. Located on the west side of NW 5`" Avenue, between NW 1s` Street and Martin Luther King Jr Drive (NW 2nd Street) . 0.475 Acres CF (Community Facility) CF (Communit Facilit ) ............. ............... Y Y Adjacent Zoning ........... .....North: CBD East: CF South: CBD West: R-1-A Existing Land Use ........ .............. Community Facilities Proposed Land Use ..... ............... N/A Water Service .............. ............... Available on site Sewer Service .............. ............... Available on site The item before the Board is the making of a recommendation to the City Commission on a request for conditional use. approval to establish an Outdoor Amphitheater, at the Susan Williams and S.D. Spady Cultural Arts Center located at 154-170 NW 5~' Avenue in the West Settlers Historic District pursuant to LDR Sections 2.4.5(E) and 4.4.13(D)(11). The subject property is located on the west side of NW 5th Avenue, between NW 1s' Street and Martin Luther King Jr. Drive (NW 2ntl Street) and is zoned Central Business District (CBD). - m v r ~ ,e, ~v." 3'y y. ,,, ,~~;~'~.~ f,~ Q7".~.~'`.' -t _ -rc `".,, '-s y ~ ~ '~° ~' *~~sy :-co ^f v The property contains the two-story, 1,077 square foot S.D. Spady Cultural Arts Museum which was built in 1926 and the one-story, 965 square foot Susan Williams house built in 1935. Each structure is individually listed on the Local Register of Historic Places; both are located in the West Settlers Historic District. The two-story Spady House is a Mediterranean Revival style residence of wood-frame construction clad in stucco. It is recognized for its architectural significance as well as its cultural significance as the home of a prominent black educator and community leader in the City. The Susan Williams House is a bungalow style structure. It is also recognized not only for its architectural significance but for its cultural significance. Susan Williams was amid-wife who often provided the only medical service in the historic Sands. area, part of the current West Settlers Historic District. The applicant, Expanding & Preserving Our Cultural Heritage, Inc. (EPOCH), is proposing to renovate the Susan Williams House for use as a Community Cultural Arts Center, and to construct an outdoor covered amphitheater with a stage and associated seating for approximately 50 people, and to construct atwo-story Support Facilities building which is to include a relocated office space from the museum, storage space, a concession stand and restroom areas for visiting patrons. The proposed outdoor covered amphitheater is to be located at the southwest corner of the site behind the Susan Williams House. The applicant is requesting year-round utilization of the amphitheater for a variety of small gatherings, such as program and holiday activities related to the. Cultural Arts Center and Museum. Additionally, the facility will be available for rent to host events such as weddings and musical presentations. The dimensions of the amphitheater are as follows: twenty five feet (25') wide, thirty five feet (35') long and sloping from sixteen feet, six inches (16'6") high in the front, down to eight feet (8') in the rear. The hours of operation are expected to extend into the evening until 9:30pm on weekdays and 10:30pm on weekends. Additionally, the amphitheater is proposed to have audio and lighting systems to accommodate voice and music for small community theater productions. Small clusters of speakers are proposed to be hung below the stage proscenium, aimed away from the neighbors and adjusted to meet acceptable sound levels within the neighborhood. The proposed conditional use is now before the Board for recommendation to the City Commission. Planning and Zoning Staff Report, December 19, 2005 Conditional Use Outdoor Amphitheater, Susan Williams and S.D. Spady Guttural Arts Center REQUIRED FINDINGS (Chapter Three): 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 resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The subject property has a Future Land Use Map (PLUM) designation of CC (Commercial Core) and a current zoning designation of CBD (Commercial Business District). The CBD zoning is consistent and compatible with the CC PLUM designation as shown on the Future Land Use Map. 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. An Outdoor Amphitheater should have minimal impact on the levels of service for Water and Sewer, Streets and Traffic, Parks and Recreation, Solid Waste, Drainage, or Schools. The proposed Outdoor Amphitheater is a recreational use. The submitted Traffic Statement notes that events planned for the amphitheater would generate the most traffic for the site and these events would not be scheduled concurrently with other activities on the site. Although the events would vary in size, it is thought that the events would generate no more than twenty (20) cars, based on the size of the facility; therefore, minimal impact is foreseen. Based upon .the above, a positive finding can be made with regard to this level of service standard concerning the proposed conditional use request. CONSISTENCY: Compliance with performance standards set forth in Chapter Three 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 Objectives and Goals were found: Fu[ure Land Use 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 complementary to adjacent land uses; and fulfills remaining land use needs. 2 IV. B. Planning and Zoning Sti teport, December 19, 2005 Conditional Use Outdoor Amphitheater, Susan Williams and S.D. Spady Cultural Arts Center The applicant offers that an outdoor amphitheater located on the Susan Williams and S.D. Spady Cultural Center Site is ideal. Its use would be available year-round for a variety of small gatherings such as program and holiday activities related to the Cultural Arts Center and Museum which would provide opportunities for the community children to perform for their families and fellow community members. The existing buildings on the site are locally designated historic structures and are located in the West Settlers Historic District. The allowance of the proposed amphitheater could potentially provide further sustainability to the site and the reuse of the historic structures. Additionally, the fact that it would a part of the community makes it further compatible and complementary to the area in which it will be located. However, factors such as hours of operation, parking and neighborhood sound impacts need to be addressed in order for its compatibility to remain. Future Land Use Objective A-4: The redevelopment of land and buildings shall provide for the preservation of historic resources. The site of the proposed outdoor amphitheater currently contains two locally designated properties located within the West Settlers Historic District. The addition of the outdoor amphitheater would not affect the preservation of the historic resources on the property nor within the district, as it is proposed to be freestanding and not attached to any existing structure. The site currently contains the S.D. Spady Cultural Arts Center, and with the outdoor amphitheater, it intends to provide a space for children to perform in front of an audience, presumably family, who are members of the community. The amphitheater is proposed to be rented out for events as well. Between the various types of groups using the proposed facility, a growing sense of community could come out of the project which would be consistent with a historic district. Therefore, in regard to the referenced objective, the proposed use at the proposed location would be suitable. Future Land Use Goal Area C: Blighted areas of the City shall be redeveloped and renewed and shall be the major contributing areas to the renaissance of Delray Beach. Approving the conditional use application would give the West Settlers neighborhood a greater sense of community allowing it to continue to renew itself through further enrichment of the social and cultural fabric of the community. Therefore, in regard to the referenced objective, the proposed use at the proposed location would be suitable. - COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: Conditional Use in CBD Zoning District The proposed conditional use of the outdoor amphitheater complies with LDR 4.4.13(D)(11) which states that playhouses, dinner theaters and places of assembly for commercial entertainment purposes are allowed as a conditional use in the CBD zoning district. Conditional Use Required Findings Pursuant to LDR Section 2.4.5(E)(5), in addition to provisions of Chapter Three, 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; 3 IV. e. Planning and Zoning Staff R~ Conditional Use Outdoor Am December 19, 2005 eater, Susan Williams and S.D. Spady Cultural Arts Center (b) Hinder development or redevelopment of nearby properties. The following table identifies the zoning designations and uses that are adjacent to the subject property: Zoning Use North Single-Family Residential (R-1-A) Single-Family Dwellings South Community Facility (CF) Single-Family Dwellings East Single-Family Residential (R-1-A) Single-Family Dwellings West Single-Family Residential (R-1-A) Single-Family Dwellings The proposed outdoor amphitheater will provide a place for the community to hold small private events and to attend programs presented by the children. Therefore, there should be no impact on the adjacent residential and commercial properties. However, the proposed amplified system has the potential to present concerns. The applicant has indicated that small clusters of speakers are proposed to be hung below the stage proscenium, aimed away from the neighbors and adjusted to meet the acceptable sound levels within the predominantly residential neighborhood. A review of surrounding land uses show residential to the east across NW 5"' Avenue, and also to the west, where residential lots abut this site ten feet (10') from the amphitheater. Further, given the difficulty of enforcing appropriate sound levels (requiring decibel readings be taken to document potential violations), Staff initially could not support amplified sound at this facility unless the frequency of events and sound levels were restricted. A letter dated December 12, 2005 from Vera Farrington, President of EPOCH, is attached and has become a part of this conditional use request. The letter includes specifics regarding the types of events, seating (50 people), total number of attendees (50), limitation to the number of events (no more than 3 daytime and 2 nighttime events per week), limitations to the hours of operation (11:00 pm on Fridays and Saturdays; 9:30 pm Sunday-Thursday), the requirement for a special permit to rent the amphitheater to a third party and that amplified sound occur only at Kids Cultural Club and EPOCH events. A positive finding can be made with regard to criteria listed in LDR Section 2.4.5(E)(5), since event frequencies and sound levels have been specified and restricted. Parking Pursuant to LDR Section 4.6.9(6), off-street parking shall be provided for any new category of use established. The submitted project information notes that eight existing parking spaces are provided on site and additional on-street parking is being proposed along 5`h Avenue, between NW 2ntl Street and SW 1s' Street as a part of the streetscape/infrastructure beautification project currently underway by the City of Delray Beach. Pursuant to LDR Section 4.6.9 (C)(6)(a) assembly halls, conference and meeting rooms, theaters, stadiums, civic centers, community theaters, cultural facilities, arts and crafts centers, and similar uses shall provide 0.3 of a parking space for each seat or 1 space for each 50 square feet of total floor area, whichever is greater. 4 !V. B. Planning and Zoning Sty .teport, December 19, 2005 Conditional Use Outdoor Amphitheater, Susan Williams and S. D. Spady Cultural Arts Center The 965 square foot Susan Williams House requires twenty (20) spaces (965/50 = 19.3) and the amphitheater requires .3 spaces per seat (.3 spaces x 50 seats = 15 spaces) for a total of thirty-five (35) spaces. The site provides a total of eight (8) spaces. The discussion below addresses the parking issue. Pursuant to LDR 4.6.9(E)(4), in instances where uses do not have sufficient space to accommodate customer and employee parking demands, parking requirements may be provided off-site in accordance with the following. (a) Normal Operations: Parking for day-today operation may be provided on other property within three hundred feet (300') provided that both properties are of the same general type of zone designation (i.e. commercial, industrial, office, etc.) or when the off-site parking site is zoned CF and a conditional use approval for use as a parking lot has been approved, and when in compliance with, and pursuant to, the following: (1) The 300' distance shall be measured along an acceptable pedestrian route; (2) Approval of such off-site parking may be granted by the body which has approval authority of the related site and development plan; (3) An agreement providing an easement for such use is prepared pursuant to Subsection (E)(5) and is recorded prior to certification of the site and development plan; (4) The provision of the parking easement shall not diminish the ability of the property upon which it is placed, to accommodate its required parking. (b) Special Events/Facilities: In instances where uses and/or facilities have large parking demands/requirements and which are otherwise subject to conditional use approval (e.g. stadiums, places of assembly, community and civic centers, recreational areas, etc.) such parking may be provided off-site in accordance with the following. (1) Approval of such off-site parking may be granted by the body which has approval authority of the related conditional use. (2) A parking and transportation plan must be presented in order to obtain such approval. The plan must identify parking areas and demonstrate the manner in which transportation to the use site, security, maintenance, and related matters will be accommodated.] (3) Easements, agreements, or other appropriate legal documents which assure continued availability of such parking shall be required as a part of the parking and transportation plan. Pursuant to LDR 4.6.9(E)(5), the owner of the alternate off-street parking area, and the owner of the principal use or building (including the land on which it is situated), shall enter into a written agreement with the City (in such form as may be approved by the City Attorney), with enforcement running to the City, providing that the land comprising the alternate off-street parking area shall never be disposed of except in conjunction with the transfer or sale of the building which the parking area is intended to serve, so long as the parking facilities are required. The owner agrees that such agreement shall 5 IV. B. Planning and Zoning Staff Report, December 19, 2005 Conditional Use OutdoorAmphitheater, Susan Williams and S.D. Spady Cultural Arts Center be in recordable form, the expense of recording to be borne by the owner, and that the agreement shall constitute a covenant running with the land binding upon the owners, heirs, administrators, successors, and assigns. The agreement shall be recorded by the City Clerk. The agreement shall be released by the Commission at such time as the alternate off-street parking facilities are no longer required or when the owner provides other lawful off-street parking facilities. The owner shall bear the expense of recording the release of the agreement. In the letter dated December 12, 2005, referenced above, EPOCH has agreed to only use the amphitheater for a particular event if it has received written permission from St. Paul's for use of its parking facility for that event, or other arrangements for parking acceptable to the City have been made. EPOCH further offered not to use the amphitheater if the parking arrangement with St. Paul's is terminated, unless EPOCH is able to make other parking arrangements acceptable to the City. Therefore, positive findings can be made with respect to LDR Section 4.6.9 (E)(4-5) subject to conditions. -,~ :,, - ~. ,.. ~„q ~' ....a4 .~~. s.sz.. ,a,svsx, Community Redeveloament Agency (CRA) On November 10, 2005, the CRA reviewed the application recommending approval 5/0, with the suggestion that the condition by Staff to prohibit the use of amplified sound be eliminated. This issue should instead be addressed in the Management Agreement between the City and EPOCH with EPOCH addressing the sound issue with the neighbors and that the amplified sound could be used on a trial basis, with conditions (hours, volume, etc). Downtown Development Authority (DDA) On November 14, 2005, the DDA reviewed the application recommending denial of the conditional use request due to the potential to have a group larger than 50, lighting overflow, and the frequency of events. West Atlantic Redeveloament Coalition (WARC) On November 16, 2005, the WARC reviewed and supported the application as presented. Historic Preservation Board (HPB) On November 16, 2005, the HPB reviewed the proposed Conditional Use recommending approval to the Planning and Zoning Board per the conditions of Staff with the exception of condition #1, which would prohibit the amplified sound. The Board amended this condition by recommending that the issue of the amplified sound and any subsequent complaints be addressed in the management agreement between the City and EPOCH. Public Notice Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of support or objection, if any, will be presented at the Planning and Zoning Board meeting. IV. B. Planning and Zoning Sta ,deport, December 19, 2005 Conditional Use Outdoor Amphitheater, Susan Williams and S.D. Spady Cultural Arts Center The proposed establishment of an Outdoor Amphitheater at the Susan Williams and S. D. Spady Cultural Center should not generate nuisances to the surrounding properties. The applicant has acknowledged the possible affects an outdoor amphitheater may have on a residential neighborhood through noise level concerns, times of use, frequency of use and parking, and has addressed these issues through applicable means as noted in the Conditional Use Analysis. Therefore, positive findings can be made with respect to LDR Section 2.4.5(E)(5) regarding the use of the proposed development with the surrounding properties regarding the amplification of sound, hours of operation and parking. Further, the use is consistent with the Objectives and Policies of the Comprehensive Plan as well as Chapter Three and LDR Section 4.3.3 of the Land Development Regulations. A. Continue with direction. B. Move a recommendation of approval of the conditional use request to allow for the establishment of an Outdoor Amphitheater at the Susan Williams and S.D. Spady Cultural Arts Center Site located at 154-170 NW 5"' Avenue in the West Settlers Historic District by adopting the findings of fact and law contained in the staff report,. and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E)(5), 4.4.13(D), and Chapter Three of the Land Development Regulations. Move a recommendation of approval of the conditional use request to allow for the ` establishment of an OutdoorAmphitheater at the Susan Williams and S.D. Spady Cultural Arts Center Site located at 154-170 NW 5th Avenue in the West Settlers Historic District by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E)(5), 4.3.3, and Chapter Three of the Land Development Regulations, subject to the following conditions: 1) That EPOCH receive written permission from St. Paul's for use of its parking facility for any particular event, or that other arrangements acceptable to the City are made; 2) That the amphitheater is not used if the parking arrangement with St. Paul's is terminated unless other parking arrangements are made which are acceptable to the City; 3) That EPOCH obtain City approval for any event at which more than fifty (50) attendees are expected; 4) That no more than three daytime and two nighttime events are held weekly. 5) That the hours of operation on Fridays and Saturdays not extend beyond 11:00 pm and t~99~pm on all other days; ~Q ; UC7 7 IV. B. Planning and Zoning Staff Report, December 19, 2005 Conditional Use Outdoor Amphitheater, Susan Williams and S.D. Spady Cultural Arts Center 6) That EPOCH apply to the City for a special permit for any event where the amphitheater is to be rented to a third party, including approval of any amplified sound at the event. 7) That amplified sound be otherwise permitted only at Kids Cultural Club and EPOCH events. Report Prepared by: Amy E. Alvarez, Historic Preservation Planner Attachments: Current and Future Land Use Maps, Elevations and Floor Plans EPOCH, Inc. letter dated December 12, 2005 8 IV. B. EFOCH Eicpaading Ac Preserving Oar Cnllnral Heritage, Inc. A NOT-FOR-PROFfi ORGANIZATION DEDICATED TO PRESERVING AND COMMUNICATING THE CULTURALLY DIVERSE HISTORY OF SOUTH FLORIDA EPOCH 170 NW 5~ Avenue Delray Beach, FL 33444 Phone: 561-279E883 Fax 561-279-229f) wvnv.SpedyMuseum.arg President Vera R. Fardrglan 1st Vice President Clarence M. Vaught 2ne vice President Mark Reingokr, Esq. Treawrer Clarence M. Vaughn Secretary ICerrretlt Haserd Board Members Cd. BiI Condry Clifford burden Mildred George Ralph 8. JoMson snktey Johna«r Stada Smdh Allred Sfraghn MemorWazed Member C. Spencer Pompey E:ecuBve Director Daisy M. Fulton Museum Adv[sory Board Dr. m.c. spivey Spadual Advisor W. Rod Fautds, t7neC0or FAU Urdvasily Galerles Daotby Patterson. Ammar Dehay Beach Historical Society LartY Rosensveig, Director The Norton Museum °usrra sa. asi aarassera M OrMe Nra /iwr Meanies b tavyaa babe' ..~,~~e~.,. December 12, 2005 Paul Dorlmg Planning Dept. City of Delray Beach 100 NW 1 Avarue Delray Beach, FL 33444 Re: Susan Williams House and S.D. Spady Cukural Aits Center- Carditional Use Application modifieatiar Dear Mr. Dorlnig: Please consider this letter as a modification of our carditional use application for the above. All relate to the amphitheater. The matter is scheduled to be ar the agarda for the December 19th Planning and Zoning Board meeting. Parkine Expandnmg and Preserving Our Cuhural Heritage, Ina (EPOCH) agrees not to use the amphitheater for a particular event unless it has received written petmmmissiar from St. Paul's for use of its parking facility for that evert or other arrangements for parking acceptable to the City have bear made. Further, EPOCH will not use the amphitheater if the parking arrangement with St. Paul's is terminated unless EPOCH is able to arrange other parking arrangem~mts acceptable to the City. Use of Amphitheatre Types of event: Kid's Cuhural Club, Senior Discussion Groups, EPOCH fimctiars such as Spady Day,l2entals for events such as weddnmgs and other gatherings. Seating: There will be seating for 50 people. Total attendees at evem: EPOCH will request City approval for any evem at which more than 50 attardees are expected. Number of evertts: There will be no more than three daytime' and two nighttirr~ events weekly. Hours of operation: All use wmll be completed by 11:OOPM ar Friday and Saturday and by 9:30PM ar other days. Bartel of amphitheater to a third party: For any event where the amphitheater is to be rented. to a third patty, EPOCH shall apply to the City for a special permit to hold the event, including approval ofany amplified sound at the event. Amplified sommd ~ Kids Cuhurat Club and EPOCH events: Amplified sound may oegrr at these evarts. Ver'y,a/,,~~lyyours, ,y-/~,-~. . eta"~~_`~` gt~n, Ifr~sittamt ~' ce: Bob Barcinski, Assistant City Manager Daisy FuNon, Executive Director RECEIVED DEC 1 31005 PLANNING & ZONING h 2 ~ Y~j 0 + Ny ~ °~ 2i .nC V ~ Y W OQ` yW W ~ ~ 2 i 2 ~ ° pL" 3 W~~ ~ r ~ W N ag < m Q § g W W u i o l3'{ z < 4 3 Vo C ~ ~ ~ I ~ W ~ ~ m ~ ~~ 4 i ~ ~ ~ ~ a ° Y ° ~ W~ a Y ~ ~ : ~`, two W?Za { _ _ _ W~ ¢-______FS i - _ ~ M nn „ h~ r~w~ ~1 ~~ :.,wy~ S. a~+e Nei I 3' ~i' - ~ sr<w s ~ s 3 „a _W ~r c_ ~ EeS t3 ~ a•~}~li~; ~~B ~ ;~~< c bg ~m ~~§ a . ~ ~:~a oW °~g~g ~`~~2 6WV Q ~Y~ 5~ I~~F g . o } Via. y"f n ~ y'v~P k'43 J 3 ) _ ~ ? ~; 2 r W s~ poi a i~`~ 's i ~ - c ~ ' ~ m ~ ~' 2e° ~ ~ eR ~'~ o ~~ ~~i ~6.6~ / b0:. - aTm. = •.Zl'FS! ~.a om n cx i. xra~ cw. . i~ ~«, o& gam. , i R Rill. ~ Y d3 . ~ I °s, n ~ a ~~ ~ Ynl a ~ =s I oca _o r~. '.rae »~~ r'^ L N, t '~ ' r.. °L: ~. `4 ri3 z. p° • ~g ~ ~ NX % s Zi ~ m J 4 I l 0 < !. „ ~ ' ~ F @ N' ~ YO[. °a+~ tom, ~ °r~ ~ ,~ W,~ t< 1 . ' I ~ i a i i a I s ~ l. .~ I .~ Q ~ w.. _ MW. OTZ -n'er+ o,P'¢ °~~ ~~ ~ ~a ~ R +° ~'~ ~4: e ~~ 4 s.r Y s a R ~' '1 ' ONI HOOd3 •• w.nu rcmn ~ac~r .+wrearar.wau,a+~~nn,a3,ww ,-; u3ur~ siw ivuruvp www+wo~ •was vs .c,wsa a, ~a wobw...~.ry,.m n ! } :..,.,...-: $~ ~ ° NOIldAON3H JIHOlSIH ' 3Sf10H SWVIIIIM NVSfI~ x+i sazve~ossr s ssooeeatuum xa3sor~ ' ? + ~ Q iY,}16I7 ,. I ~-.- I I ~ y I T~ _ -r~ 2 r ~~ 1-a ~ ~ P, #~ i ~ " _ fir r, L __ ~ ! ~ I ~ ~ - -F o ~ ~ j ~ a Viii [c ~~ U e i ~-il~~li-^Pl~ ~ 0 g a ~£ I -----~.~_ns i a - - -- I li ,t " I~, Pg4 J ~ 3 i ~, h ~ ~ ~ I ~- ~__ i u II n ~~ °e ee ~ II ~ a I! ,. >` 51. I ,I $ r ~ ' I §: I 5 I °~ g\p ~ ~ ~~ ` ~~ - ~; 9 s 1 1 ~ ~€ S B$ y, I~ r ~ ' i ~ 1 L~" __ ___ .i. ---_ -_ -- I Z ___ r '~ ~ I J- a ` ~ ~.~ ~. 4I3' I - rr ~ p - / ' f z"II ~~ i z; r ~I - -- - ==`L d $~ ~ fn .I gs 1 q ~ .r i ~ £ ~ 7, II ~ l J" I ~GS£ ~ I E ~ i N -_ --=J~'-L_ ~e °° ~ -i I Q I ~ ~ I I o W W O a O a 9F~a 6 34 g~ ~I ~ iY ~~~,s ' ; ;~=i ~~~@s ~ ~ €I:~ 3 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 9.T. -REGULAR COMMISSION MEETING OF DECEMBER 11 2007 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 aze weighted by points with 100 point total with the ability to receive an additiona125 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: Dekay Beach Golf Club $7,470.00 Lakeview Golf Club $3,404.00 Tennis Operations $3,174.00 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. RECOMMENDATION Staff recommends approval of bonus payments to JCD Sports Group for golf and tennis operations per staff recommendation. Delray Beach Golf Club 2007 Performance Measures Possible Proposed 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 operetions and obtain an overall average rating of 4 or better onalto5s le. 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 restauatnt 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! esult of performances by JCD Sports Group that exceeded :ontrect 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 Roes d}s RemmmP_nds 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 U:bddataVCD 2007 Proposed Performance Measures.xls Lakeview Golf Club 2007 Performance Measures o... va Possible Points City Staff Pnints Renuested Results ReCOmmend3 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 progrems (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 merohandise 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 pertormances 25 by JCD Sports Group that exceeded contract expectations. Management Fee Possible 15°k bonus Subtotal Bonus Point Amount Total Bonus Total Possible Points 126 75 $ 25,500.00 $ 3,825.00 $ 2,868.75 69 20 89 $ 3,404.00 $ 3,404.00 U:~xldataUCD 2007 Proposed Performance Measures.xls Delray Beach Tennis Center Delray Swim 8~ Tennis Club 2007 Performance Measures o... va Possible Points 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) Total Points 100 Bonus Points, at the sole determination of the City, as a result of 2° performances by JCD Sports Group that exceeded contract expectations Including obtaining a Davis Cup or Fed Cup event Management Fee Possible 15% bonus Subtotal Bonus Point Amount Total Bonus Points Requested 20 5 0 5 15 5 5 55 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:~xldataUCD 2007 Proposed Performance Measures.xls MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: f"" ROBERT A. BARCINSKI, ASSISTANT CIyTyY~MANAGER THROUGH: DAVID T. HARDEN, CITY MANAGER//~ f DATE: DECEMBER 5, 2007 SUBJECT: APPROVAL SPECIAL EVENT PERMIT - BOWFIRE CONCERT ITEM BEFORE COMMISSION Commission is requested to approve the permit request for the Bowfire Concert sponsored by Old School Square proposed from 8:00 p.m. to 10:00 p.m., on Januazy 11, 2008, to authorize staff support for security and traffic control, trash pick up and removal, barricade assistance, trash boxes, provide 4'x 4' event signage, authorize reserved pazking in the Old School Garage, Federspiel Gazage, City Hall lots and the CRA lot on NW 15t Avenue and waive permit fees and costs for City services. Attached are a letter, permit application, site plan, budget and proof of non profit status received from Peggy Murphy for this concert, which is a fundraiser for Old School Squaze. The estimated cost for staff overtime is $1,600 and trash box costs are $350. Based on event polices and procedures, the estimated amount due to the City would be $560, which is being requested to be waived. Staff does not support the waiver request due to the precedent it would set. Due to the small crowd anticipated (less than 2000); we aze recommending only reserving the Old School Squaze Parking Garage for the concert with a $5 chazge. We will provide signage to direct concert goers to the parking gazage. If Old School Square needs the CRA lot on NW 15` Avenue, they need to get permission from the CRA. Staff recommends approval of the permit for this event, stall' assistance as required, event signage and reserving the Old School Squaze Garage for concert use only, contingent on the receipt of Certificates of Insurance and a signed Hold Harmless agreement. RAB/db Attachments U:\wwda[a\Events\OSS Concerts\Agenda Item Approval Bowfre Concert.doc Old School Square CULTURAL ARTS CENTER NATIONAL HISTORIC SITE November 20, 2007 Robert A. Bazcinski Assistant City Manager 100 NW 13r Avenue Delray Beach, FL 33444 Deaz Bob: R£CEIVEE? NOV 2 1 200) ADMINISTRATIVE SERVICES Enclosed aze Event Permit Applications by Old School Square for concerts in the Entertainment Pavilion on Friday, January 11, 2008, and Thursday, January 31, 2008. The purpose of the concerts is to expand the outdoor entertainment programming in the Pavilion, with concerts appealing to a diverse community audience. The January 11, 2008 concert presents "Bowfire", an energetic, world class performance of eleven violinists and fiddlers that will appeal to jazz,. classical, blue grass and rock audiences. Ticket pricing is $30 general, $45 reserved, and $75 VIP (includes pre- concert reception). January 31, 2008, concert presents "Here and ;Vow: The Legacy of Luther Vandross". This presentation of the timeless music of Luther Vandross will appeal to a diverse community audience. Old School Square will partner with the Roots Cultural Festival as a tribute to Elizabeth Wesley and the 30s' anniversary of the Roots cultural Festival. Proceeds will benefit programming for both Old School Squaze and Roots Cultural Festival. Ticket pricing is $25, general admission. As concert events, we request waiver of amplified music ordinance. Additionally, Old School Squaze requests of the permit application fee, and costs associated with City services. The venue for the concerts will be contained within the Entertainment Pavilion azea at Old School Square (see site plan attached). We request that signs be provided, to include the 4'x4' announcement signs, and pazking direction signs. Reserved pazking is requested in the OSS Parking Gaaage, the Federspiel Garage, the CRA lot at NW 1st Avenue, and City Hall pazking. Old School Square, Inc. 51 North Swinton Avenue Delray Beach, Florida 33444 Phone (561) 243-7922 Fax (561) 243-7018 www.oldschool.org -s~, .; Special pemuts for the sale of alcoholic beverages will be submitted for each event, and a copy of each temporary license will be provided the City. Additionally, a copy of liability insurance held by OSS, to include liquor liability, will be provided. A preliminary budget is attached. As event sponsorships and additional costs aze identified, an updated budget will be provided. Please let me lrnow if you have any questions, or require additional information. We appreciate your assistance in planning for these concert opportunities. Sinc y, Peg by Director o ter Services pm enclosures City of Delray Beach Special Event Permit Application PLEASE TYPE OR PRINT DELRAY BFACH ~ iI ~' ~ II 1993 2001 ~ .~ EventName/Title: Z~d[.rJ~/%e Event Date(s): ~/ ~ ~/~ ~~ ~~ ~ Times: ~' ~Op_ ~4 ••~dl~ RECEI~IC? NOU 2 1 7001 AD S~ERVICESNE Event Sponsor/Producer: ~~~ SNda~ S~ e f ~ C Event ContactlCoordinator: f e' AGI~~~ Name: Telephone Numberl~l3.792Z Cellular E-mail Address: ,O/y1 ui'o/~, ~ A/e/3~, Event Description/Purpose: An. •i. t ~ n~wi Brief History of Event (If _ .. - - Planned Activities (Outline of acfivifles/number of acfivities, i.e. entertainment, children's rides, games, other programs): Number of Individuals Served Previous Yeaz (if applicable): .c~~ Describe the tazgeted population and expected attendance: c~id.L/1e tltl~.~jd~2y ~S~lll L t .( /11~ta ~y« /SDd City 090207 Page 1 of S Describe how the program or project addresses community needs: a~-~- Describe your Mazketing/Promotions Program (How will you mazket/promote, i.e. TV, radio, posters, flyers, web sites, other): ~ ~ ~ e Sponsor Category (please check) City ^ Non-Profit/Charitable ~( Private ^ Co-Sponsor -Non-Profit/Private ^ (If Non profit attach proof of 501 c(3), c(4), c(6), C(10), or c(19) or (d) Event Location (Describe area boundaries of event~location): Site plan attached: yes~_ no (Site plan required for entire event site. Include locations of tents, stage, portalets, dumpsters, portable lighting, and barricade location if applicable.) Rental of Old School Square: ^/~ yes no (If yes, attach proof ofapproval) / Private Property Use: Yes no `/ (If yes, attach letter giving authorization from property owner) Event budget attached: yes / no (Required far all events) Nl~ Previous yeaz RevenueBxpense sununary attached: yes no (Required for all events) Stth~in<e/y - 7n ~LXSYS Z~~f~ 5~ Do you have cash sponsors for the event: yes no~S O~ /i~1e~07 (Indicated on budget) Do you have inkind sponsors for the event: yes N no (Indicated on budget) City.Event Permit 09f2007 Page 2 of 5 Serving or selling alcoholic beverages: yes 'V no (If yes, copy of license and alcohol liability insurance required two (2) weeks prior to event) Event certificate of insurance attached: yes no~ (Required two (2) weeks prior to event naming the City as additional insured, also required for vendors) ~ / Playing of amplified music: Yes y nO (Waiver required) Will there be entertainment: yes~_ no (If yes, attached list of Performers and/or DJ's) If yes, sponsor agrees all entertainment will be f ly oriented and contain no obscenities: yes no Requesting Police assistance: yes no (traffic control/security) Will supplement with private security: yes~_ no (If yes, need plan attached)~r~'V~e SP-c'uitt'f"y ac-~',S'.~~2 ~9at~fP DN'~°dt-5 Requesting Emergency Medical assistance: yes no~_ Requesting barricade assistance: yes no (If no, how aze you handling?)-~t-p~~t ~a~r.'re~ ~~- Requesting trash removal/clean up assistance: yes~_ no (Will be billed to sponsor) A-~{2~ e{/P.ri.~E Ox / Requesting trash boxes/containers and liners: yeses no/ Requesting stage use: YeS riO + (If yes, check type) Large stage (14' x 36') ^ Small stage (16' x 21') ^ Half small stage (S' x 21') ^ Requesting signage: yes~_ no Type: 4'x4'Event sign / Parking Signs/ Banner hanging Indicate dates required (Waiver required if more than one (I) week prior to event) Requesting City Portable Generator: yes no~_ (If yes, size & power) Food and beverage vendors: yes~_ If yes, approximate number /l~~ - .3 b~~ /,€-!~ (Health Department approval required) yes N /-t'D~Oo~ tVP~~-d'r no_,~/ City.Eveat Peaait 0912007 Page 3 of 5 Other vendors: (Indicate type) yes~_ no Tents: yes no If yes, How many .3 What size or size required /O'x ~o ' (If yes, tent permits and fire inspections may be needed) ~ ~ 6 0 ~.l' ~0 ' CLa eta- .f~~ t Will the event include amusement rides: yes no~_ (If yes, type and location and copy of liability insurance required, also requires state license and inspection.) Will the event be gated: (Show on-site map) yes ~ no Will there be a charge for the event: yes~~ no (If yes, indicate ticket prices) d 7S- U//~ ; ~ ~1S rerefveiL) x-30 ' 9~" e~'~E? Will there be fireworks or other pyrotechnics: yes no~ (If yes, contact Fire Marshall to obtain and complete permit application) rB7~ - 6,coc.G are -~s-ce~ dPirciCST f Will there be cooking with compressed gas: yes no (If yes, contact Fire Marshall for inspections) Will you be providing port-a-lets for the event: yes no~_ (If yes, locate on-site map. If no, indicate how you will handle restroom needs) Is reserved parking requested: yes no ~ (If yes, indicate locations and purposefor use) ~~ P~,(~S Get~.~ c~ ~~~s~ Gat ~.~, c,ea ~,--t ~ ,vw i~ ,qve, ~~.~ y,~,e~°`^-~"~ Lr~' Event Permit Attachments: Revenue/Expense Budget ~Revenue/Bxpense Recap Last Years Event Site Plan -T-Letter Requesting Noise Ordinance Waiver Letter Requesting Waiver Consumption Alcohol Beverages ~-Proof of Non-Profit Status General Liability Insurance Certificate ?a l~ dwQ~,... N~ Alcohol Beverage Liability Certificate "Zo ~ A ~.~$ w., ~~~ Proof of Rental Agreement or Authorization Letter from Private Property Owner N Hold Harmless Agreement -7-p be ,~,,,~,~„~ City.Eveat Pemtit 09!2007 Page 4 of 5 Submittal Date Requirements: • Minor Event 45 days prior to event • Intermediate Event 90 days prior to event • Major Event 120 days prior to event • Neighborhood Block Party 30 days prior to event / J Even t actor/ oord' a or yn~~~ / Date Please print: e`~/ / //w~~f~a1 Please enclose the appropriate non-refundable. application fee payable to the City of Delray Beach, 100 N.W. lat Avenue, Delray Beach, Florida 33444. Required with permit application. For Staff Use Only Date Received Application fee received $ City.Event Permit 09/2007 Page 5 of 5 INTERNAL REVENUE SERVICE DISTRICT DIRECTOR C - 1130 ATLANTAr GA 30301 APR 16 1992 Dater OLD SCHOOL SQUARE IHC 51 H SHIMTON PO BOX 1697 DELRAY BEACNr FL 33944 Dear Applicant! DEPARTMEHT OF THE TREASURY Erployer Identification Nurbert 65-0432803 Contact Person; SHAROH SINPSON Contact Telephone Humbert {909)'331-1989 Our Letter Datedt November 10, 1988 Advance Ruling Period Begins; February lOr 1988 Advance Ruling Period Endst Hay 31r 1992 Addendum Appliest no Our letter of the above date stated that we had detertined your organization is exempt under section 501(x) of the Internal Revenue Code as an organization described in section 501(c)(3) and that you could be treated as a publicly supported organization and not as a private foundation during your advance ruling period. This was based an our deterrination that you could reasonably be expected to be an organization described in sections 170(b)(i)(A)(vit and 509(x)(1) or in section 509(x){2), Ne also stated that at the end of your advance ruling period you would have to establish that you were in fact an organization described in one of the above sections. Our records indicate that your advance ruling period begins and ends on the dates shown above, Your exempt status as an organization described in section 501(c)(3) is still in effect, However, to establish that you are a publicly supported organization described in sections 170(6)(1)(A)(vi) and 509(x)(1) or in section 509{a)(2), please complete the attached Farm 8739, Support Schedule for Advance Ruling Period, far each of the tar, years ire your advance ruling period, The information requested in this letter is required to support your Clair to be other than a private foundation, It is needed in addition to any required Form 490 or other annual return, Please send it to us within 90 days Pros the end of your advance ruling period, If ue do not receive this information, we will presure you are a private foundation and you will be treated as a private foundation as of the first day of your first tax year for purposes of sections 507(4) and 4990 of the Cade, In additions if yo~~ do not provide the information by the tine requestedr it uill be considered by the Internal Revenue Service that you have not taken all reasonable steps to secure the deterrination you requested. Under section 7928(b)(2) of the Coder not taking all reasonable stepsr in a timely tanners to secure the deterrination ray be considered as a tailure to exhaust adrinistra- ~e++.,~ ,na~,nnirci -z- OLD SCHOOL SDUARE IHC tive renedies available to you within the Servicer and say preclude the issu- ance of a declaratory judgnent in the natter under judicial praceedings~ If you have any questions. please contact the person abase nave and telephone nun6er are shown in the heading of this letter. Thank you far your cooperations Sincerely yoursr ~` Y i District Director Enclosures Forn 8734 Copy of this letter Q/a® .~ifo-e~ ~UQ re ',Bazv-~i-e • _..Ja~ //, Loa 8 ~: ~aP. ~-~ev~-~e ~ncessioh ~ • •~aod ce~tt~s~ ia~ CULTURAL ARTS CENTER NATIONAL HISTORIC SITE Preliminary Budget: BOWFIRE -January 11, 2008 Revenue: Ticket Sales Sponsorships -undetermined In-kind Sponsorship Food/Beverage Sales ToffiI Revenue: Expense: Advertising Performance Fees Reception Food/Beverage Cost Lighting/Equipment -Stage Lighting/Gate & Grounds Chair Rental Fence Rental Staff/Security expense Ticket/Box Office expense Miscellaneous Tent & Misc. Rental (shared expense) ToffiI Expense: Net Income: $ 62,775.00 2,500.00 3,000.00 $ 58,275.00 $ 3,500.00 25,000.00 500.00 2,500.00 5,000.00 200.00 1,800.00 1,500.00 2,500.00 265.00 2,500.00 3,000.00 $ 48,087.00 $ 20,208.00 "t; Old School Square, Inc. 51 North Swinton Avenue Delray Beach, Florida Bo~re.budget.01108 Phone (561) 243-7922 Fax (561) 243-7018 www.oldschool.org MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ROBERT A. BARCINSKI, ASSISTANT CITY MANAGER THROUGH: DAVID T. HARDEN, CITY MANAGER DATE: DECEMBER 5, 2007 SUBJECT: AGENDA ITEM # "I . L... -REGULAR MEETING OF DECEMBEJ APPROVAL SPECIAL EVENT PERMIT -HERE AND NOW: THE LEGACY OF LUTHER VANDROSS CONCERT Commission is requested to approve the permit request for the Here and Now: The Legacy of Luther Vandross Concert sponsored by Old School Squaze proposed from 8:00 p.m. to 10:00 p.m., on January 31, 2008, to authorize staff support for security and traffic control, trash pick up and removal, barricade assistance, trash boxes, provide 4'x 4' event signage, authorize reserved parking in the Old School Garage, Federspiel Garage, City Hall lots and the CRA lot on NW 1st Avenue and waive permit fees and costs for City services. BACKGROUND Attached are a letter, permit application, site plan, budget and proof of non profit status received from Peggy Murphy for this concert, which is a fundraiser for Old School Square and Roots Cultural Festival Inc. The estimated cost for staff overtime is $1,600 and trash box costs are $350. Based on event polices and procedures, the estimated amount due to the City would be $560, which is being requested to be waived. Staff does not support the waiver request due to the precedent it would set. Due to the small crowd anticipated (less than 2000); we are recommending only reserving the Old School Square Pazking Garage for the concert with a $5 charge. We will provide signage to direct concert goers to the parking gazage. If Old School Squaze needs the CRA lot on NW 151 Avenue, they need to get permission from the CRA. RECOMMENDATION Staff recommends approval of the permit for this event, staff assistance as required, event signage and reserving the Old School Square Garage for concert use only, contingent on the receipt of Certificates of Insurance and a signed Hold Harmless agreement. RAB/db Attachments U:\wwda[a\Events\OSS ConcertsWgenda Item Approval Here and Now The Legacy of Luther Vandross Concert.doc M:, - ~„ ~. Qld School Square ULTURAL ARTS CENTER NATIONAL HISTORIC SITE November 20, 2007 Robert A. Bazcinski Assistant City Manager 100 NW la` Avenue Delray Beach, FL 33444 Deaz Bob: R£CEIV~p NOV 2 1 200) ADMINISTRATIVE SERVICES Enclosed are Event Permit Applications by Old School Square for concerts in the Entertainment Pavilion on Friday, January 11, 2008, and Thursday, January 31, 2008. The purpose of the concerts is to expand the outdoor entertainment programming in the Pavilion, with. concerts appealing to a diverse community audience. . The January 11, 2008 concert presents `°Bowfire", an energetic, world class performance of eleven violinists and fiddlers that will appeal to jazz;. classical, blue grass and rock audiences. Ticket pricing is $30 general, $45 reserved, and $75 VIP (includes pre- concert recept2tln). January 31, 2008, concert presents "Here and Now:. The Legacy of Luther Vandross". This presentation of the timeless music of Luther Vandross will .appeal to a diverse community audience. Old School. Squaze will partner with the Roots Cultural Festival as a tribute to Elizabeth Wesley and the. 30s' anniversary of the Roots cultural Festival. Proceeds will benefit programming for both Old School Square and Roots Cultural Festival. Ticket pricing is $25, general admission. As concert events, we request waiver of amplified music ordinance. Additionally, Old School Squaze requests of the permit application fee, and costs associated with City services. The venue for the concerts will be contaiged within the Entertainment Pavilion area at Old School Square (see site plan attached). We request that signs be provided, to include the 4'x4' announcement signs, and parking direction signs. Reserved; parking is requested in the OSS Pazking Garage, the Federspiel Garage, the CRA lot at NW 1 ~` Avenue, and City Hall parking. Old School Square, Inc. 51 North Swinton Avenue Delray Beach, Florida 33444 Phone (561) 243-7922 Fax (561) 243-7018 www.oldschaal.org Special permits for the sale of alcoholic beverages will be submitted for each event, and a copy of each temporary license will be provided the City. Additionally, a copy of liability insurance held by OSS, to include liquor liability, will be provided. A preliminary budget is attached. As event sponsorships and additional costs are identified, an updated budget will be provided. Please let me know if you have any questions, or require additional information. We appreciate your assistance in planning for these concert opportunities. SY~ Peg ; by Director o ter Services Pm enclosures RECE1W~p Event Name/Title: , City of Delray Beach Special Event Permit Application N u V Z ~ 2007 DELRAY BEACH ADr,i1CWiSTRATIV AIF SERWCES 1I I I II PLEASE TYPE OR PRINT 1993 2001 Event Date(s): ~./ Q ~ ~~-DOffI'imes: ~.'/~,o Event Sponsor/Producer: Q~~ ~~s'D~ ~7 dnC~ , ~ C Event Contact/Coordinator: ~Bl g~~~ Name: Brief History of Event (If applicable): Planned Activities (Outline of activities/number of activities, i.e. entertainment, children's rides, games, other programs): the tazgeted population and expected attendance: „_~. City Event Yetmrt 09020'7 Page I of 5 Telephone Number:SG~/-?-~'792L Cellulaz Number: ~.1'~/- 573-~rb7b E-mail Address: ~ o Number of Individuals Served Previous Yeaz (if applicable): A/!fJ how the program or project addresses community needs: ~ttr s-~o ~ ~i v~sp .. .. _. ~ i - 1 - - ~ - ~e.-s~f . Describe your Mazketing/Promotions Program (How will you mazket/promote, i.e. TV, radio, posters, flyers, web sites, other): Sponsor Category (please check) City ^ Non-ProfiUCharitable~ Private ^ Co-Sponsor -Non-Profit/Private ^ (If Non profit attach proof of 501 c(3), c(4), c(6), C(10), or c(19) or (d) Event Location (Describe azea boundaries of e~ ent/location): Site plan attached: yes~_ no (Site plan required for entire event site. Include locations of tents, stage, portabts, dumpsters, portable lighting, and barricade location if applicable.) Rental of Old School Squaze: yes no rt-7f~ (If yes, attach proof of approval) Private Property. Use: yes no 1/ (If yes, attach letter giving authorization from property owner) Event budget attached: yes~_ no (Required for a[Z events) / Previous yeaz RevenueBxpense summary attached: yes V no (Required for all events) ~~lecL~ysiS- 7/~ 'f~jtDYS /~ OrL) Do you have cash sponsors for the event: yes no~,~' OT ~~/N~~ ~~ (Indicated on budget) Do you have inkind sponsors for the event: yes~_ no (Indicated on budget) City.Event Pemut o9noo~ Page 2 of 5 Serving or selling alcoholic beverages: yes~_ no (If yes, copy of license and alcohol liability insurance required two (2) weeks prior to event) Event certificate of insurance attached: yes no~ (Required two (2) weeks prior to event naming the City as additional insured, also required for vendors) Playing of amplified music: yes~_ no (Waiver required) Will there be entertainment: yes~_ no (If yes, attached list of Performers and/or DJ's) If yes, sponsor agrees all entertainment will be 'ly oriented and contain no obscenities: yes no Requesting Police assistance: yeses no (traffic controUsecurity) Will supplement with private security: ~~ ~~yes~ no (If yes, need plan attached)~t'V~Q ,{'~"""„ "_"7 .SfefJQ j ~'~c~'e Q'-/OTC Requesting Emergency Medical assistance: yes no~_ Requesting barricade assistance: yes~_ no (If no, how are you handling?}~j~ijlG~ fj~C,f'/'j C~e~eS Requesting trash removaUclean up assistance: yes~_ no (Will be billed to sponsor)~,Qt. p~e~,.f- Ori~i~ Requesting trash boxes/containers and liners: yes no Requesting stage use ~/~ yes no (If yes, check type) Large stage (14' x 36') ^ Small stage (16' x 21') ^ Half small stage (8' x 21') ^ Requesting signage: yes~_ no Type: 4'x4'Event sign / Pazlting Signs t/ Banner hanging Indicate dates required (Waiver required if more than one (1) week prior to event) Requesting City Portable Generator: yes no~_ (If yes, size & power) Food and beverage vendors: // yes / no l - Ifyes, approximate number3~7~f Q/2eCS~ ~- 7'D~/f' ~ ~1 ~-o ~-S (Health Department approval required) yes no City.Event Permit 092007 Page 3 of 5 Other vendors: (Indicate type) yes no Tents: yes~_ no If yes, How many What size or size required 3- /D ' x / o ' - /~7t .(</ (If yes, tent permits and fire inspections may be needed) ~, 6 ~ ~ ~- ('0 '- G`~.2~tr' SIOsr 1'1 Will the event include amusement rides: yes no~_ (If yes, type and location and copy of liability insurance required, also requires state license and inspection.) Will the event be gated: (Show on-site map) Will there be a charge for the event: (If yes, indicate ticket prices) fl yes~_ no yes~_ no s/y~fc.Q ~t.la c'sr~on Will there be fireworks or other pyrotechnics: yes no~~ (If yes, contact Fire Marshall to obtain and complete permit application) Will there be cooking with compressed gas: yes no (If yes, contact Fire Marshall,,[[or inspections) ?B.D - 6~,c ~r foci( v~nale~ Will you be providing port-a-lets for the event: yes no_~_ (If yes, locate on-site map. If no, indicate how you will handle restroom needs) Is reserved parking requested: yes~_ no (Ijyes, indicate locations and purpose for use) d,~S' ~tlt.~~i~j ~n~t , `~1,f~lP~ l`3eC.t~P~ ~i~i9 ~/"f/it/Lf/ /~~~YC, C~-~ /y7L Event ermit Attachments: ~/ Revenue/Expense Budget Revenue/Expense Recap Last Yeazs Event -Site Plan -Letter Requesting Noise Ordinance Waiver Letter Requesting Waiver Consumption Alcohol Beverages 7o Gz s.~.F.B„"'~-~ Proof of Non-Profit Status • , q General Liability Insurance Certificate `Zab.e,~u.&,».y~~d' Alcohol Beverage Liability Certificate ~ ~ Proof of Rental Agreement or Authorization Letter from Private Property Owner Hold Harmless Agreement 7-0 ~e ~uQm,~jl,~ City.Event Petmit 092007 Page 4 of 5 Submittal Date Requirements: • Minor Event 45 days prior to event • Intermediate Event 90 days prior to event • Major Event 120 days prior to event • Neighborhood Block Party 30 days prior to event // ve t acto C ordin. ~ Date Please p t: Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.W. lst Avenue, Delray Beach, Florida 33444. Required with permit application. For Staff Use Only Date Received Application fee received $ City.Event Permit o9aoo~ Page 5 of 5 INTERNAL REVENUE SERVICE DISTRICT DIRECTOR C - 1130 ATLANTAr GA 30301 APR 1 6 199 Dates DLD SCHOOL SQUARE INC 51 N 5NINTON PD BOX 1847 DELRAY BEACH. FL 33444 bear Applicant3 DEPARTMENT OF THE TREASURY Employer Identification Humbert 65-0032803 Contact Person? SHARON SIHPSON Contact Telephone Number. (904) 331-4989 Our Letter Dated: Noverber lOr 1988 Advance Ruling Period Begins? February IOr 1988 Advance Ruling Period Ends; Hay 31r 1992 Addendur Applies; no Our letter of the above date stated that we had determined your organization is exempt under section 501(a) of the Internal Revenue Code as an nrganization described in section 501(c)(3) and that you would be treated as a publicly supported organization and not as a private foundation during your advance ruling period This was based an our determination that you could reasonably 6e expected to be an organization described in sections 170(b)(1)(A)(vi) and 509ta)(1) or in section 509(a)(2). Ne also stated that at the end of your advance ruling period you ueuld have to establish that you were in fact an organization described in one of the above sections. Our records indicate that your advance ruling period begins and ends on the dates shoan above, Your exempt status as an organization described in section 501(c)(3) is still in effect. Howeverr to establish that you are a publicly supported organization de=.cribed in sections 170(b)t1)(A){vi) and 509(x)tl) ar in section 509{a){2)r please complete the attached Fore 8734, Support Schedule for Advance Ruling Periodr for each of the tax years in your advance ruling period. The information requested in this letter is required to support your claim to be other than a private foundation. It is needed ire addition to any required Form 990 or other annual return, Please send it to us within 90 days from the end of your advance ruling period, If ae do not receive this informationr we will presure you are a private foundation and you will 6e treated as a private foundation as of the first day of your first tax year far purposes of sections 567(d) and 4990 of the Cade. In additior~r if you do not provide the information by the fire requestedr it will be cans idered 6y the Internal P.evenue Service that you have not taken all reasonable steps to secure the determinatimn you requested, Under SeCtlan 7928(b)(2) of the Cade, not taking all reasonable stepsr in a tirely mannerr to secure the determination ray be considered as a failure to exhaust administra- io++a~ ~naarnnirc~ -?- DLD SCHOOL SOIIARE IMC tive remedies available to you within the Service: and say preclude the issu- ance of a declaratory judS®ent in the ®atter under judicial proceedings If you have any questions please contact the person whose nape and telephone nuaber are shown in the heading of this letter, Thank you for your cooperation Sincerely yours: ti.~ ,_ "4~ '~RauX I~Y'r'~"~N~s"`,> :.-Wis.,,-~.~®. 6istrict Qireetar Enclosurest Fore 8739 Copy of this letter D/~/ .,.~ioo/ ~~~ off' ~v~iL~-' l/ar-aCrsss " ~ - ~overot~e ~ncession D - ~d cen«s~ ion, ~ -/.fit ~ewe~- JCl~- 3/, o? Ddd' ~'ec~ CULTURAL ARTS CENTER NATIONAL HISTORIC SITE Preliminary Budget: HERE 8~ NOW: The Legacy of Luther Vandross January 31, 2008 Revenue: Ticket Sales $ 53,000.00 Sponsorships -undetermined In-kind Sponsorship 2,500.00 Food/Beverage Sales 3,000.00 Total Revenue: $ 58,500.00 Expense: Advertising $ 3,500.00 Performance Fees 23,000.00 Food/Beverage Cost 2,000.00 Lighting/Equipment -Stage 5,000.00 Lighting/Gate & Grounds 200.00 Chair Rental 1,800.00 Fence Rental 1,500.00 Staff/Security expense 2,500.00 Ticket/Box Office expense 265.00 Miscellaneous 2,500.00 Tent & Misc. Rental (shared expense) 3,000.00 Total Expense: $45,285.00 Net Income: $ 13,235.00 Old School Square, Inc. 51 North Swinton Avenue Delray Beach, Flori eregNow.budget.013~08 Phone (561) 243-7922 Fax (561) 243-7018 www.oldschool.or~ 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 9. M -REGULAR COMMISSION MEETING OF DECEMBER 11 2007 AUTHORIZATION TO FILE COMPLAINT FOR INJUNCTIVE RELIEF ITEM BEFORE COMMISSION Authorization to file Complaint for Injunctive Relief. 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 accruing and compliance has not yet been achieved. FUNDING SOURCE N/A RECOMMENDATION City Commission discretion. t - .~ MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, Assistant City Attorney THROUGH: City Attorney DATE: December 5, 2007 SUBJECT: AGENDA ITEM -REGULAR COMMISSION MEETING OF DECEMBER 11.2007 APPEAL OF FEMA FUNDING DETERMINATION FOR HURRICANE FRANCES ITEM BEFORE COMMISSION FEMA has made the determination, through their audit process, that the City received approximately $495,000.00 in funds that was an overpayment from FEMA. FEMA has an appeal process in the event the City wishes to appeal the decision. This is the item before the Commission. BACKGROUND Hurricane Frances impacted the City in September 2004 and required the activation of D&J Enterprises for our debris removal services. D&J provided services to the City from September 7 through November 3, 2004. The City paid the invoices submitted by D&J for the work performed and was then reimbursed by FEMA. While the overall cost charged by D&J was reasonable, the billing method used did not conform to the contract billing procedure. In November 2005 the City conducted an internal audit and discovered that D&J had used a billing method that exceeded the charges that would have been reimbursed under the contract, and as a result, had over-billed the City. These findings were passed along to the State Emergency Management Project Officer who verbally recommended that the chazges be accepted as the total cost was fair and equitable. In October 2007 FEMA performed its final audit of the project and determined that the over-billed amount should be repaid to FEMA. RECOMMENDATION Staff recommends that the Commission grant authority to appeal the determination of FEMA. q. ~l . MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, Assistant City Attorney THROUGH: City Attorney DATE: December 6, 2007 SUBJECT: AGENDA ITEM_-. REGULAR COMMISSION MEETING OF DECEMBER 11 SETTLEMENT OFFER IN POWELL V. CITY --QUIET TITLE ACTION TI'EM BEFORE_COMMISSION The Plaintiff in the Quiet Title Action of Charles Powell v. City of Delray has offered to settle this case if he pays $485.85 to the City for the removal of all City liens on his property. Each side shall pay their own attorney's fees and costs. BACKGROUND Mr. Powell owns lot 3 located in the Silver Terrace subdivision. The City currently has 6 liens on the property. The liens were placed on the property between 1993 and 1995 under the City's nuisance abatement ordinance. Since Mr. Powell assumed ownership of the property there have not been any new liens placed on the property. The liens, with interest, total approximately $2000.00. When the liens were first filed, without interest, the total was $861.09. This amount included a $70.00 per lien administrative chazge (total $420.00). The City's out of pocket expense is $441.09. RECOMMENDATION Approve the settlement offer subject to the receipt of the appropriate releases. I have also checked with Lula Butler, Community Improvement Director, and she concurs with this recommendation. q.o. MEMORANDUM TO: Mayor and City Commissioners FROM: Douglas E. Smith, Assistant City Manager THROUGH: David T. Hazden, City Manager~~ DATE: December 6, 2007 SUBJECT: AGENDA ITEM -REGULAR COMMISSION MEETING OF DECEMBER 11 2 RESOLUTION 71-07 -GREEN LOCAL GOVERNMENT STANDARD ITEM BEFORE_COMMISSION The item before the Commission is consideration of Resolution 71-07 regazding the City pursuing measures to become a Green Local Government using the Green Local Government Standazd developed by the Florida Green Building Coaltion. BACKGROUND The City received information the from the Florida League of Cities regarding a Green Local Government Designation (see attached letter). The Florida Green Building Coaltion has developed a Green Local Government Standazd for environmental performance. Background information on the standard from the Florida Green Building Coaltion is attached. The standazd includes criteria grouped by functions. Points aze awarded for meeting tazgets. If enough points aze obtained, a city can receive a registered designation (lower level designation) or certifed designation (with silver, gold, and platinum level certifications). The review process involves the City completing a comprehensive assessment of how we rate on the Green Standazd's criteria. The Green Local Government Standazd information will be useful for the Green Task Force to review, and they may be able to assist in the assessment process. Once the review is completed and plans for compliance with the standazd are established, we can submit an application for certification. The application fee for our size city is $3,000. RECOMMENDATION Staff recommends approval of Resolution 71-07 regazding the City pursuing measures to become a Green Local Government using the Green Local Government Standazd developed by the Florida Green Building Coaltion. 9P RESOLUTION NO. '71-07 A RESOLUTION OF THE QTY COMMISSION OF THE QTY OF DELRAY BEACH, FLORIDA, TO PURSUE MEASURES TO BECOME A "GREEN LOCAL GOVERNMENT" THROUGH IMPROVED ENVIRONMENTAL PERFORMANCE, USING CRITERIA AND STANDARDS DEVELOPED BY THE FLORIDA GREEN BUILDING COALITION, AND ENCOURAGING THE LEGISLATURE AND GOVERNOR TO SUPPORT THE GREEN LOCAL GOVERNMENT PROGRAM. WHEREAS, the City of Delray Beach, recogtvzes the importance of arvironmerttiil stewardship in a variety of media, including ', water, air, land and waste; and WHEREAS, successful environmental stewardshp practices will errhance local and national energy secruity, protect nattml resoraces for future generations, and result in long term cost savings; and WI-IEREAS, the Florida Great Balding Coalition, Inc., is a Florida nonprofit corporation with open membership whose primary mission is to develop and maintain Green Designation Standards for Florida and to promote cost~ffective, sustainable irr4xovermertts in the built envirorureitt; and WHEREAS, the Florida Green Building Coalition not only presents opporitmities for a murucipality to "be green" but also provides examples and resources covering how to cb it and WHEREAS, the Florida Great Building Coalition, Inc. has developed the "Green Local Govarurent Standard," which design Grant Cities oral Great Counties for outstarrrlutg arvironmental stewardship; and Wf-IEREAS, the Great Local Goverrunerrt Standard focrses on improving municipal environmental perform~urce through rr>~stuable criteria for rrnairspalities to pursue in order to promote alternative aierg'ies and a cleaner errvironme<rt; and WHEREAS, because the Great Local Govenunerrt Standard was developed with the participation of cities artd counties, it reccrgizes the diversity of Florida's rrnaicipalities and their need for flexrbilityand autonomy, and WHEREAS, mruicipalities wiro incorporate sufficierrt criteria such that theymeet or exceed desigfrated thresholds are "certified" or "registered" as a Great Local Govemmatt; and WHEREAS, a Greerr Local Government is defined as a city or county that incorporates multiple envirr~nrrrattal, ecological and srstairti~bility features throrrg~tout the functions they perform that improve the environmental perfomtartce considerably ova a city or a county that jrst minimally meets state and local regrilations; and WHEREAS, the Green Local Govemmart Standanl is a ireful refena~ce even for those rnimicipalities who do not choose to become "certified" or "registemd" but wilo are trying to achieve a partictilar envirorurental goal. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City of Delray Beach endorses the Florida Great Budding Coalition's "Green Local Govemrriait Standani" as a voluntary rrpars for municipalities to take positive steps towed improving and advaruing environmental quality and energy secimty. Section 2. That the City of Delray Beach will pursue steps toward becoming a Florida Great Local Govemmerrt using the Green Local Government Standard developed by the Florida Gxear Budding Coalition Section 3. That the City of Delray Beach auourages the Florida Legislature and Governor Grist to support the Great Local Government program of the Florida Great Building Coalition, Inc., as a means for Florida mLUUCipalities to use their home Wile pov<ers to improve their environmental stewardship through partucupation in a program that is voluntary, fiscally defamble, and tailored to the specific enviroruriartal goals of each municipality and its citizens. PASSED AND ADOPTED ur regular ses4on on this 11'" day of December, 2007. MAYOR ATTEST: City Clerk RES. N0.71-07 ~7~ QCT ~ ~- 2007 CITY COMMfSSION FLORIDA LEAGUE OF CITIES INC. 301 South Bronough Street, Suite 300 • P.O. Box 1757 • Tallahassee, FL 32302-1757 (850) 222-9684 • Suncom 278-5331 • Fax (850) 222-3806 • Web site: www.flcities.com October 29, 2007 Dear Mayor: This year, my priority as President of the Florida League of Cities is to assist Florida's cities in becoming "Green Local Governments." It would be my desire that all 412 cities in Florida embrace this as a priority for their city. Accordingly, the Florida League of Cities' Board of Directors approved the attached resolution and requests your city's consideration of this resolution. The Florida League of Cities recognizes the importance of environmental stewardship and understands that successful environmental stewardship practices will enhance local and national energy security, protect natural resources for future generations and result in long term cost savings. The Florida Green Building Coalition, Inc., is anon-profit corporation whose primary mission is to develop and maintain Green Designation Standards for Florida and to promote cost-effective, sustainable environmental improvements. The Coalition has developed the "Green Local Government Standard," which focuses on improving municipal environmental performance through measurable criteria in ode rot promote alternative energies and a cleaner environment. In short, the Coalition iS a one-stop source of guidance, "how-to" steps and information. It can assist municipalities in developing a comprehensive program for improving environmental stewardship and energy efficiency that is tailored to the individual municipality and which includes measurable criteria for evaluating progress. We encourage you to adopt the attached resolution, support the "Green Local Government Standard" and pursue steps toward becoming a Florida Green Local Government. For further information, please contact Rebecca O'Hara at the Florida League of Cities at 1-800-342-8112 or the Florida Green Building Coalition, Inc. on the web at www.floridagreenbuilding or>; President Frank Ortis, Mayor, Pembroke. Pines First Vice President Carmine Priore, Councilmember, Wellington • Second Vice President John Marks, Mayor, Tallahassee Executive Director Michael Sittig • General Counsel Harry Morrison, Jr. Florida Mayors October 29, 2007 Page Two Thanking you in advance for your consideration of and action regarding this request, I am Sincerely, Frank C. Ortis, President Mayor, City of Pembroke Pines Attachments -- Sample Resolution -- Information regarding Florida Green Building Coalition, Inc. Green Local Government Standard ~ Florida Green Building Coalition Green Local Government Standard The Green Local Government Standard designates Green Cities and Green Counties for outstanding environmental stewardship. It is expected that certified green city and county governments will not only gain recognition and publicity, but also function in a more efficient manner though better internal communication, dollar savings, and effective risk and asset management. FGBC is actively working towards the availability of incentives that are based on compliance with this standard. This standard presents a comprehensive list of criteria, organized in terms of local government department functions. It focuses on improving their environmental performance through a number of mediums (energy, water, air, land, waste), and evaluates: . Environmental practices done "in-house." . Incentives and ordinances to foster green practices. . Educational activities to improve the environment. The Florida Green Local Government Standard is similar to other green standards currently in effect in Florida and many other states, yet very unique in its target. In essence, a list of criteria is presented, and each is assigned a point value. A minimum total point value is set that represents a bar, and local governments who incorporate sufficient criteria such that they meet or exceed the bar are "certified" or "registered" as a Green Local Government. Typical components of green building programs have traditionally targeted individual buildings and land developments. One of the goals of the Local Government Standard is to increase the penetration of many types of green activities. The Florida Green Local Government Standard leverages many existing programs, and also presents new criteria. Existing programs that are leveraged include statewide programs such as Watertronts Florida, and Florida Main Street Designation, and national programs such as Tree City USA from the National Arbor Day Foundation. Examples of criteria that are not defined by an existing program include developing local government energy reduction plans, instituting an environmentally preferable purchasing program, utilizing green fleet management, and working with water utilities to promote conservation. Background The Florida Green Local Government Standard was created by the Florida Solar Energy Center (FSEC), working under a contract from the U.S. Department of Energy and the Florida Energy Office. A number of organizations and agencies served as subcontractors or contributed, including: The Florida Green Building Coalition, Inc. FGBC will maintain the standard over time and award all designations. The Miami Dade Department of Environmental Resources Management put together educational modules on fleet management and on landscape maintenance to assist local governments with the process. Page 1 of 6 http://vvww.floridagreenbuilding.org/db/?q=node/5751 10/23/2007 Green Local Government Standard ~ Florida Green Building Coalition Page 2 of 6 . Sarasota ,Alachua and Miami-Dade counties and the City of Gainesville helped with creation and review of the standard. . City of Orlando representatives also participated in development of the standard. It is envisioned that successful local governments will create and enforce landscape codes that help preserve natural Florida ecosystems, conserve water, create pedestrian-friendly environments, and follow green policies throughout their own organization in everything from ball Feld maintenance to in-house recycling. The standard is presented in such a way that it is much more than just aerogram - it is a powertul tool. The guiding documents of the standard are designed to act as educational material for a wide audience of readers. Here, the documents not only present opportunities for a local government to "be green", but also provide examples and resources covering how to do it. In many cases, based on current application of criteria in pilot Florida cities and counties, as well as other US local governments, quantifiable results can also be presented such as dollar savings, tons of CO 2 reduction, pounds of waste diverted from landfill, etc. With such a broad scope and the uniqueness of tying in many suggestions, resources, existing programs to leverage, etc. into one comprehensive standard, a "one stop shop" of information is created so to speak. In this case, the standard is an excellent reference for Florida local governments to refer to when trying to accomplish environmental goals - whetherfrom aregulatory, a rtsk /asset management, an economic development, or a cost reduction standpoint. The standard is meant to be a useful reference even for those local governments who have no interest in becoming certified, but are trying to accomplish a singular goal, rather than the big "green" picture. For those that do wish to become certified, there are flexible paths to qualification so that cities and counties can tailor qualification to meet their goals, while still maintaining the well-rounded profile that has come to define "green". Flexibility is also important, for no two local governments look alike, nor do they all pertorm the same functions. Part of what started the development of the Florida Green Local Government Standard was a desire of the Florida Energy Office and the US Department of Energy to achieve "Energy and Environmental Integration" within government. A solicitation was announced, and The Florida Solar Energy Center (part of the University of Central Florida ), the Florida Green Building Coalition, and Miami/bade Department of Environmental Management (DERM) teamed together on a winning proposal. The original request for proposal indicated that while energy and environmental elements are tightly linked in natural and economic systems, federal, state, and local governments have traditionally approached these two issues by segmenting them into separate organizations in a way that obscures their connections. One goal of the Florida Green Local Government Standard is to bring together entities with common objectives and overlapping interests to develop integrated energy/environmental solutions to statewide as well as local issues. Such integrated energy/environmental strategies offer new opportunities for increased energy efficiency, multi-pollutant prevention, and environmental improvements as well as greater operational efficiency, increased customer service, and expanded public acceptance. These goals can be well accomplished by incorporating the actions of green building into the framework of local governments, http://www.floridagreenbuilding.org/db/?q=node/5751 10/23/2007 Green Local Government Standard ~ Florida Green Building Coalition through the process of striving to meet a green building standard. Part of the process for determining qualification with the standard is to look across all local government departments to determine what is currently being done, what the needs/desires are, and what remains to be done in order to qualify. This process inherently requires extensive communication between departments, eventually identifying areas of potential cooperation to better achieve common goals. Another aspect is that as local governments learn more about how being green can help them accomplish their goals, they will see the benefit of encouraging the private sector to apply the same principles through the creation of green homes, green commercial buildings, and green land developments. There are already standards in effect for these sectors in Florida ,and green local governments can increase the penetration of green buildings and land developments through various incentives. The City of Gainesville recently passed an ordinance giving a $300 discount on building permits for certified green projects, as well as free fast track permitting (a $350 value). They are also actively promoting and publicizing such projects. Green building is not just good for the property owner or those living on the property, it is good for the whole community. Developing a standard, rather than a comprehensive guidebook is important for a number of reasons. Creating a standard and setting a bar gives local governments a meaningful goal to aim towards. The bar is designed to be a realistic one (based on pilot city/county involvement), and gives local champions of the effort something to point towards in order to keep things on track. It may provide enough driving force to push a local government who would have only achieved 50% of the bar with a simple guidebook achieve 100% of the bar such that they can become certified. The certification will allow a local government to publicize their efforts in order to gain the recognition they deserve from the local community as well as the state. Other stakeholders will also be taking part in publicizing the existence of the standard, as well as the efforts of certified cities and counties. It is also envisioned that the standard will act as an excellent metric on which to base eventual statewide incentives to cities and counties who become certified. It could also be used in the regulatory arena, where anon-compliant local government could be given the option of achieving the certification, as opposed to other regulatory actions that may be taken against them. Steps to Becoming a Florida Green Local Government 1. Learn about the Florida Green Local Government Standard. Contact the Florida Green Building Coalition, Inc. (FGBC) who operates and maintains the standard. An individual will be available to introduce you to the process or call 321-638-1450 2. Designate an ofrce, department or individual as Project Coordinator. The Project Coordinator will be the main link between the local government and FGBC. A project evaluator will be assigned to your team by FGBC. 3. Determine what criteria apply to the local government. Page 3 of 6 http://wvvw.floridagreenbuilding.org/db/?q=node/5751 10/23/2007 Green Local Government Standard ~ Florida Green Building Coalition Since the standard's criteria are organized in terms of generic local govemment functions, the coordinator will pertorm an exercise to determine what criteria will apply to the local govemment. For example, if there is no public electric utility, certain criteria will not apply. The exercise will enable the Project Coordinatorto determine the Maximum Applicable Points Total . The Project Coordinator will also determine which department is likely to pertorm each function, in order to distribute criteria effectively. 4. Conduct a local govemment assessment review in cooperation with departments. After criteria has been distributed to appropriate departments, individual departments review the criteria and indicate what has been done or is planned for implementation, and also indicate what is likely to be considered in the interest of achieving the standard, and for the benefit of the local govemment 5. Conduct a local govemment evaluation. The Project Coordinator collects all departmental information, and determines where the local govemment currently falls in reference to the suggested levels of compliance. The Project Coordinator then prepares a summary report that is sent fo all applicable local govemment departments. 6. Schedule implementation meeting to outline path towards qualification. The cooNinator then assembles a meeting of departmental representatives to discuss the status in reference to the standard. An interactive process then begins whereby areas of cooperation are explored, potential sustainable and green improvements are identified, and a plan is outlined with the intent of brining the city/county towards compliance with the standard. Designation Levels are awarded based on achieving percentages of the Maximum Applicable Points Total. 7. Submit application and all necessary documentation to FGBC, Inc. for evaluation. At which time the local govemment believes they have met the minimum requirements of the standard, a submittal is provided to FGBC with necessary documentation such that the efforts can be reviewed, and the designation awarded. Cost to apply: Population)<20,000 $1,500 Population 20,000 - 100,000 $3,000 Population > 100,000 $4,500 Application Tool An Excel spreadsheet helps a local coordinator apply the FGBC criteria to local government departments, assign repsonsibilities and determine which criteria are applicable to teh local Page 4 of 6 http://www.floridagreenbuilding.org/db/?q=node/5751 10/23/2007 Green Local Government Standard ~ Florida Green Building Coalition government body. This tool allows the local coordinator to filter on key criteria for reporting progress, and serves as an electronic application form. Tool and Application Instructions (included on spreadsheet) 1. To start the process enter names of Local Government Departments in the designated spreadsheet rows. 2. Worksheets allow you to determine which criteria apply to your city/county, and help you to track progress as criteria are implemented. Tools are provided for you to flag criteria according to appropriate department and staff member. Point totals are tallied for each government function. 3. The "Filter Tool" contains all criteria, and allows criteria to be organized according to a number of variables. Point totals are tallied for the entire program. 4. A complete application package will include an electronic copy of the completed tool or hard copy of all "sheets" except the "filter tool", all required documentation, and the required application fee. Green Local Government Documents q "~ Cover and Introduction Cover, acknowledgements, overview, processing 3.5MB ' "~ ' steps, table of contents ~. Standard Administration of standard 170kb ~~ Reference Guide Details of how to earn credit and designation 3.7MB ',: ~,.,~ Fleet Management Module Guide to Fleet Management for Local Governments 3.6MB Landscape Maintenance Guide to Landscape Maintenance for Local 3.5M6 '•' Module Governments Ability to enter local government departments, I(~,;, Application Tool assign responsibilities and determine applicable 1.7MB items as well as designation points earned Modification Form (Word) ~~=' Suggested modifications for next revision 4.7M6 __' Modification Form (pdf) Cover, introduction, standard, modification form and ~, Total reference guide. 72M6 Modification Process . Suggested revisions shall be submitted to the Florida Green Building Coalition, Inc. using a form available at the FloridaGreenBuilding.org web site. . Applications shall be compiled and circulated to the Florida Green Building Coalition Green Local Government Committee, past applicants, and project evaluators for comments. The comment period shall be at least thirty days. . Following the public comment period, each application and its public comments shall Page 5 of 6 http://www.floridagreenbuilding.org/db/?q=node/5751 10/23/2007 Gt ;ctn Local Government Standard ~ Florida Green Building Coalition be reviewed by the Florida Green Building Coalition Green Local Government Committee, which will make written consensus recommendations to the Board of Directors for suggested revisions to the standard along with the original applications. . The Board of Directors of the Florida Green Building Coalition, Inc. shall adopt, adopt with modification, or reject each application for change. Revision Cycle for the Green Local Government Designation Standard: . Periodic review. At least triennially, the provisions set forth in these Green Local Government Designation Standards shall be reviewed by the Standards Committee of the Florida Green Building Coalition, Inc. in collaboration with other stakeholders. At a minimum, this review shall include consideration and evaluation of changes in the law, technological innovations, and comments and requests received from interested parties. . All applications for revision shall be disposed of on an annual cycle such that applications received prior to the last working day of June 15 are included in the application review cycle that concludes no later than Septemberl5. . The Board shall approve any changes to the standard by the last day of October in any year in which it is to be revised. . Any new standard shall be in placed on the web site (along with the current standard) no later than November 15. . The effective date of any new Green Local Government Designation Standards shall be January 1. Only those proposals to change these Green Local Government Designation Standards that are received on or prior to June 15 shall be considered for the revisions to these Green Local Government Designation Standards that may become effective on January 1 of the following yeas The reference guide and module text, graphics and examples maybe updated at anytime by FGBC; so long as they are of a clarifying nature. Page 6 of 6 http://www.floridagreenbuilding.org/db/?q=node/5751 10/23/2007 MEMORANDUM TO: Mayor and City Commissioners FROM: RANDAL L. KREJCAREK, PE, LEED AP, CITY ENGINEER RICHARD C. HASKO, PE, ENVIRONMENTAL SERVICES DIRECTOR THROUGH: CITY MANAGER L~ DATE: December 7, 2007 SUBJECT: AGENDA ITEM -REGULAR COMMISSION MEETING OF DECEMBER 11 2007 US 1 CORRIDOR/TEMPORARY IIMPROVEMENTS ITEM BEFORE. COMMISSION This agenda item is for Commission approval to move forwazd with implementation of the proposed temporary improvements along SE/NE 50i Avenue and SE/NE 60' Avenue between SE l0u' Street and George Bush Blvd. Cost of temporary installation not to exceed $670,000.00 and funding will be provided by the Community Redevelopment Agency (CRA). BACKGROUND The City and CRA have been working closely with Kimley-Horn and Associates, Inc. and the Florida Department of Transportation (FDOT) in an effort to modify the cross section of US 1 between SE 100i Street and George Bush Blvd. The goal of this project is to maintain an acceptable level of service for the traveling public while beautifying the corridor, creating a pedestrian friendly environment, improving safety and controlling vehicular speeds. After several public meetings City Commission directed staff to work with FDOT to try and implement a temporary modification that would function similaz to the permanent modification. The temporary implementation will include; the placement of curb extensions at the intersections of SE/NE 50i and 6~' Avenues and Atlantic Avenue and the installation of Tuff Curb extensions at the other intersections and at mid-block locations. The $670,000 cost is taken from a proposal received from a contractor. The proposal was based on current contract prices on another project. Staff is currently working with the supplier of Tuff Curb to explore options that would reduce the overall cost of the temporary installation. The goal is to begin installafion of the temporary improvements in January 2008. Pre-modification Traffic data was obtained in Apri12006 and post-modification data will be collected this Mazch/April. The pre versus post data will be analyzed and a determination will be made whether or not to proceed with the design and installation of the permanent improvements. QQ FUNDING SOURCE Funds will be provided from Account #334-4141-572-65.99 after transfer from CRA. RECOMMENDATION Staff recommends approval. m m N O L ..+ r W L L U Q (6 U O J L'6 m 0 ca ~~ Q '''' 4 w ss-i 0 r W tn~ s U t0 N m T N N 0 0 N N r 11/15!2007 15:39 5616591402 HLIRKHARDT CDNST. It~IC PHGE B2 Contract Proposal U.S. #1, Corridor Study From: Burkhardt Construction, Inc. 1400 Alabama Ave. 11120 West Palm Bich, FI. 33401 Att Dennis E. Haynes Tel: (581)659-1400 Fax (581) 859-1402 To: City Of Dehay t3aach, C.R.A. 20 North SvWnton Avenue Delray Beach, Fi. 33444 Att: Diane Colonna, Exealive DireMOr Tel: (581) 278-8640 Fax (501) 276-8558 PraJeat: Palm Beach County (93010101 8 93010000) State Road No. B Engineer: IOmNy-Horn And Asaociatas Att: Marvran MuDeh, P,E. 4431 Embaroedero Drive West Palm Beach, FL 33407 Plans: Sheet 1 (Key Sheet), Sheets 2~4 ('Iypicai Roadway Details), Sheet 6 (Typical Drainage Construc0on Details), Sheet 6 (Intersection Data. Shoats 7-8 (Tabulation of Quantl8es), Sheet 9 (General Notes) Sheet 10 (Maintenen~ of Ttaftic), Sheeb 11.25 (Roadway Plans) IGmky-Ham And Associates Dated: Received By Burkhardt Construction, Inc, Nov. 7, 2007 Proposal 1 S-Now07 Dots: m o. eacriptlon unit t;iltentlty n Price Amount "101-1 MobillRation LS 1 $75,000,00 ' 102-1 AAainbnance oFTrafSc LS 1 $56,000.00 102.14 Traffc Control Officer MH 500 $50.00 1020 Work Zone Sign ED in m.o.t. 102-71-13 Barrier Wall, Temp., Law Profile Conen:te (AIL A) LF 2928 not bid on 102-72 Traffic Separator, Temp, (Alt. 8) (Tull-curb Delineator; LF 2928 $106,00 102-76 Atlvence Warning Arrow Panel ED in m.c.t. 102-77 High Irt6ansily Flashing Lighk Temp., Type B ED In m.c.t. 102-99 Changeable Variable Message Sign, Temp. ED 120 $125.OD 102-911-2 Pavement Marking Removable, White (Slid) (e'~ LF 3142 $4.20 102-911-2 Pavement Marking Removable, Whits (BdkJ) (12'9 LF 58 $8.00 102-911.2 Pavement Meriting Removable, WhRe (Solid) C14'9 LF not bid on 102-912-2 Pswment Marking Removable, Yelow (Staid) (8"y LF 15319 $4.25 102-912-2 Pavemem Marking Removable, Yellow (Solid) (B"} LF 1368 E5.60 102-912-2 pavement Markng Removable, Yellow (Solid) (18") LF ~ 670 $72.50 110-1-1 Clearing and orubbing 9Y 235 $24,16 110x1 Removal of EXisBng Cond~ete Pavement SY 379 57.56 75,000.00 56,000.00 25,000.00 307,440.00 15,000.00 13,198,40 464.00 65,105.75 7,860.80 10,875.00 5,675.25 2,865.24 11/15/2007 15:39 5616591402 BURKHARDT CONST. ZNC PACE 03 " 120.71 Regular Exaavatlon (3R Project Only) LS 125 52.63 $ 328.76 • eaekfi0 CY 175 59,98 5 1,748.50 • 339-1 Misaeilaneous Asphak Pavement TN 14.2 $141.75 S 2,012.85 • 425-11 Drainage Structure (Modify F~dsting} EA 2 52,750.00 $ 5,600.00 ' 425-1.201 Inlet, Curb type 9 (>10~ ~ EA 2 $4,500.00 $ 9,000.00 "425-1..351 Inlet, Curb Type P5 (>10') EA 1 $4,500.00 8 4,500.00 ' 430-171-10 1 Pipe Culvert Optional Materrel, (Stain Sewer) 18" LF 70 $200.00 $ 74,000.00 "436-1.2 TrondtDrain LF 132 $185.00 $ 24,420.00 "520.1.10 Canareoe Curb and Gutter (Type F) LF 341 $16.80 $ 5,728.80 " Hand'roep Ramps EA 8 $892.60 5 7,140.00 ' 580-1-2 Landscape Complete, (Large Plants) LS not bid on " Muiah CY 25 $42,00 $ 1.050.00 705.7t Delineator, Tubular Flexible E/1 not bid on 706-3 Pavement Marker, Retro•,Reflective $ - (BFDiractional, Whke/Red) EA 159 56.00 $ 964.00 (BI-Directional, YeMow/YellaH) EA 58 56.00 $ 548.00 700-20-11 Single Post Sign (F&I) (<12 SF) AS not bid on 710.11-121 Painted Pavement Markings, 6"White LF not bid on 71 D-11.123 Painted Pavement Markings. 12"While LF not bid on 710.11-170 PakttedPavementMarkings,Arraw EA 43 $30.00 $ 1,290.00 711-7 Remove Existing Pavement Markings, Thermoplastic SF 152 519.Op 5 2,888.00 Protect Grand Total as,34 RXCeptlorrs 8: ClarMicatloM 1 Pay item numbers praflxed vdth art astBrisk • are items which exist in the Fort Pierce Annual Contract Impact Recovery Systems WHAT'S NEW TUFF CURB PRODUCTS/SPEC SHEETS DOWNLOADS NCHRP350 APPROVALS SUCCESS STORIES FAGS LINKS CONTACT US ON THE ROAD -CURRENT SHOWS EMPLOYEES ONLY "Impacting Today's Roads for a Safer Tomorrow" Page 1 of 2 I E TUFF CURBTM IB6N PERFORMANCE TRAFFIC SEPARATOR CURB AEUWIS • RAILROAD CROSSIIBS • EOOE LIRES • I~IRIIES • WORK 10RES Utilizes Impact Recovery Systems' spring mounted signage. Proven over and over again to be the most long lasting, durable traffic device on the market. • Each curb section measures 40" and is constructed of highly durable polyethylene and is equipped with the IRS Quick Release System designed to allow upright installation/replacement in less than 5 seconds. • End caps measure 18" long and should be used at the beginning and end of installation. • Uniquely designed ribs underneath curb are made to transfer load to the road eliminating stress on the mounting hardware. • Wide variety of NCHRP 350 approved uprights to choose from. • Solid color throughout for high visibility. Curb is offered in yellow or white. Other wlors available for special order • No special tools, pins, or soapy water required. • No scuppers to catch debris and impede water flow. Simply place curbing 1/2" to 1" apart to create a natural water flow. • In addition to two raised pavement markers, which come standard on each curb section, we recommend a tubular marker, delineator or sign be installed on each section for maximum visibility for motorists. • NCHRP 350 APPROVED # WZ-243 TUFF CURB High Performance Traffic Separator Curh Literature Specifications http://www.impactrecovery.com/tuffcurb.asp 12/3/2007 Impact Recovery Systems Installation NCHRP350 Acceptance Letter Texas Department of Transportation AR rn oval TUFF CURB SETTING A HIdIER STANDARD We use only genuine ~ ~~ 3M Reflective Sheering Page 2 of 2 http://www.impactrecovery.com/tuffcurb.asp 12/3/2007 MEMORANDUM TO: Mayor and City Commissioners FROM: City Manager DATE: November 27, 2007 SUBJECT: AGENDA ITEM 9. Qa -REGULAR COMMISSION MEETING OF DECEMBER 11 2007 APPOINTMENTS TO THE HIDS AND COPS COMMITTEE ITEM BEFORE COMMISSION This item is before the Commission for appointments to the Kids and Cops Committee. 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 Lazge" and would like to be considered for reappointment. The terms aze for two (2) yeazs 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 clarify 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 vazious 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 Lazge Representative" categories. The other appointments are made by the various 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. Caroline 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. 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 Large 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) regular members to the Kids and Cops Committee to serve two (2) year 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, Jx. (Principal) Banyan Creek Ratified 02/07/06 Ratified 71/07/07 11/30/2007 Yvonne Odom Carver Middle Rari9ea oz/o7/oG PBC School District Ratified 11/07/07 11/30/2007 Cheryl McKeever Crosspointe Elementary Unesp Appt U9/06/06 Ratified 11/17/06 Ratified 17/07/07 11/30/2007 Paul DeDomenico Village Academy Ratified t1/07/07 Vacant Pine Grove Elementary 11/30/2007 Shirley Santiago Pllunosa Elementary Uncap App[09/OG/OG Ratified 1/2/(q Rarified 11/7/07 11/30/2007 Maxx Benn S.D. Spady Elementary Unesp Appr 09/OG/UG Ratified 11/17/06 Ratified 11/07/07 11/30/2007 Cory Cassidy Citizen at Large Ratified 02/U7/06 Ratified 17/07/07 11/30/2007 Danielle Beardsley Pazks and Recreation Rarified U2/(17/06 Ratified 11/07/07 11/30/2007 Jeffrey Messer, Chair Police Depaztment Orig Appt 1997 Ratified 02/07/06 Ratified 11/07/07 11/30/2007 Edwazd Smith Police Department Ratified U2/U7/UG Ratified t1/07/07 11/30/2007 Jennifer Buce, Vice Chair At Large Representative Org App[ 04/97 Reappt 02/07/06 Ratified 11/07/07 11/30/2007 Francis Moschette At Large Representative Rcappt U2/U7/06 Ratified 11/07/07 Contact: Jeff Messer - 243-7841 S/City Clerk/Board 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 i Q ~ q ~ r W i q . o \ ~m .m ~U .o ~ F ~ \ ~a ~~, ~F ~m a. ~~ z~ ~~ z. w. 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Legs( Residence: City State 3 Zip Codc 4. Principal Business Address: Ci State Zip Code ~ ~ ~ IV.r~ - ~ ~ 1~1~~-cam- ~ c~--~ F ( 3 3 ~fg3 5. Home Phone: Business Phone: iE<Mail Address: Cell Phone: Fax: 6. Arc you a registered voter? If so, where are you registered? es 7. What Boud(s) are you interested in serving? please list in order of preference: 8. List all City Bo don which yo ue eurrrnt)}~ serving or have previously served: (Please include dates) 9. Educational qualifications: ~-~~S 10. L•st any related professional certifications and licenses which you hold: 11. Give your pr cnt, or most ecrnt employer, and position: 12. DestYibe atperiences,.akills or knowledge which yuafify you. to serve oa this board: (Plena atncb a brief resume) I hereby terrify that all the above entemrna are true, and I agree and understand that any missntemrnt of material facts con ed in this application may cause forfdnue ttpon my put of any appointment I may receive. SIGNA ItE DATE Idotc: This ~nnlirarin.. ...:11 . _ Gt_ e_ _i --- -rr----~•• -W •~....+_. ~li aLC m the ,try verx's ut6ce for a period of 2 gears from the dart it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. s'arYanc~so~w',nrruc~rar+ DELRAY BEACH R ~ ~ ~ 1 ~' ~Q{~ ~ ~ 21)6 ~ ~ ~~ - CITY OF DELRAY BEAD. ~~Inlr~~ I I .BOARD MEMBER APPLICATION 7993 2001 PltaSe type Di DI1Irt the fellnwino in~n....e«..... 1. Last Name: --- - Name M. L fps : ~ r` 2. Home Adare _ • ~ c____ ~ ~' 3. Legs! Residrnce: City Stsce 7~p Codc ~ r~ 4. Prirtdpal Business Address: Crty State ~p Codc ~'V\ _ 5. Home Phone:. usiness Phone: E-Mail Address: Cell Phone: Pte; -~~ O t- X15= toD G. Are you a registctcd sotcr? If so, where are you registered? 7. What Boar s are o interesc ervin ?pease list in o cr o ~: - a ?'~~ I /f~ 8. ~~s-gall Ci ~ Boards on a~hi you ue d s6 or have u arned• ~~ P~~~ ~~(plea~indude dares) 9. Educadona] qualificarions: 10. List any relamd professional certifications and licenses which you hold: 11. Give Xour pre or most recent employer, and sirio 12 Describe ezperienccs, skills or knowledge which qualify you to save on this board; (p)eace attach a brief resume) I hettby certify that all the above statements an true, aad I agree aad understand that any missntement of rnacerial facts • edipp}icadon may cause forfdture upon my pan of any appointment I may receive. SIGNATU ((~~ll - i DATE NDte: This 1DD11C1tlen twill rrrn~in nn R1.:...t,. !`:... /`~~r_~_ ~m - r / /a/u~ --•~ ...~.., a ~.li« rot a pmoo of [years from the date it was aubrnittcd. It will be the applicant's responsibility to ensure that a current application is on file. s~Yatuao~w„,nuur»w DELRAY BEACH - - ~ i ~i ~ CITY OF DELRAY BEACH -~ NN Q ti 2p01 I, BOARD MEMBER APPLICATION'~v pt~C '1993 C~~ y 2007 / Please n e or tint die follo~cin information: 1. Last Name: lYl cL - First Name r - - ~ L ~E,-t~ M. L 2 Home Address: ~5 $C7 C-~'CLt- City l~e~leo ~es.~L` State Zip Code 334' S~ 3. Legal Residence: ~Q ir.tt- City State Zip Code 4. Principal Business Address: S ~:,-.-. Ciq• State Zip Code 5_ Home Phone: Business Phone: E-Mail Address: Cell Phone: Fas: 6. Date of Birth Ate you a registered corer? If so, ~ehere are you registered? 8. ~Cshat Board(s) are you interested in serving? Please list in order of preference: .`dam` .-~ cG, e.R.~S a 9. List :ill City Boards on which sou are currently sensing or hate preciously served: (Please include dates I 10. Educational qua hficntions ~ I~ ~ U .rs- l 1. List any related professional certifications and licenses which you hold L?. Give your present, or most recent employer, and position: ~ .ss ~ s <-T~-- l3. Describe e~perieuces, .kills or knowledge which quaL ty you ro sert.-e on this board: tTlease a/ttach ra brief re:fumei j-t cLt~-L C.~7 O .- ~.. ~ S t~ C ' n ~ 4 ~ l - ~ .' C ri ~ 6 T Q. ~ e ` ( ~ S Ch o P ~ ~ t-e,.~.~ . rr-~ ~ 0.t`'L-. . r' ~ S C~ C ..- ~ Cti A.~/~ Qi ~ Gi ~ - w 1 ' P r/ S OI~u~ /'~ I-~ !G cai t ~~ C~ Tt~A, Itl1._' ~l+ti Sl C ~ ~ l ~ ~~ l1'LC. FCC ~ ~` I hereby certify that all the above statements are u2te, and agree and understand that any misstatement of material facrs contained in dos appGcadon tray cause forfei tore upon mp part o[ anp appoinnnent I ma~• receive. ~r.~~--o l ~ i Q 7 , JIGI~~ATC.~RE U?:TC Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the dace it was submitted. It will be the applicant's responsibility to ensure that a cuaent application is on file. OELR~AY BEACH ~~~ k,.i Tii-a~ yy A~ 1 °~ 2p0~ - CITY OF DELRAY BEAC~ ~~~~~' I ~ ~® BOARD MfMBE_R APPLI~~~TION 7993 2007 Please tVDe OI Drltlt the fnllna~,.n :..~ ......:.._ - .,... 1. Last Name: /I ~d SC~`(~ T ~ M. I. Name ~A../C;'S' ~ 2 Home Address: 30O ~. ~ ~Q„ fi•~ A~_ City ~e/ rte/ State, Zi Code 3. I.ega! Residence: yyy City Stau Zip Code S 4. Prindpal Business Address: Gty Stau Zip Codc 5-~-_~' 5. Home Phone: Business Phone: )iMail A ddress: .Cell Phone: gyy; re you a registered voter? If so, where are you registered? cS ~ 7. What Board(s) ue you intercsced in serving? Please list in order of preference: I~iDJ' -•v - Cool' ['~,,.,~,~,> fj~ec 8. list all Cit}• Bouds on which }'ou ue eurtrndy serving or have previously srned: (Please include dates) ~~~of- ,~,- c..~l Cd~.~: ~ 9. Educational qualifications: ~ .Qre ]0. last anyrelaud professional certifications and licenses which you hold: /1[e t_ l1. Give youi presen[, or most recent employer, and position: ~'~ ~/ .Q_ ~/.~r 72 Describe ezperienccs,- or Iwowledge which qualify you to serve on this board: (Please attach a brief resume) I hereby certify that all the about statements are true, and I agree and ttadcrctand that any misstatement of mat ri l f e a acts contained in this appligti y eau a forfeiture upon my Part of any appointment I maq mwe. ATURE /~/?/~ f DATE Note: ThIS 1DD11t:1tiOn v'ill rrmain n.. A1. :.. A.. ~':`. i`~__i +_ r.~.- W y ...~~ a vrace ror a pmotl 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. ~'o~aw~nrruwran+ Pcu~ni arnut ~ f CITY OF DELRAY BEACH pPR ~~ ti~01 I ~® BOARD MEMBER APPLICATION~/ LE~~ G 1993 G~~ 1 2001 Please type or print the following inFnm,ari.,.,• ///9'~ ~ ------- •~ r ~ - 1. Las Nam • e M L 2: Home ddress: ~ ~ty~ State Zip Code S L 3 4 3. Legal Residence: ~~ City State Zip Code 4. Prindpal Business Address City State Zip Code S. Home Phone: usiness Phone: E-Mail Address: Cell Phone: gax; -Z b 5 - 37 0525 ~. Date~Of Bir 7. Are you a registered voter? If so, where aze you registered? -3-5 ~~s-PBS 8.: What Board(s), are you interested iir serving? Please list in order o keference: , Q i ~ So rcJ .. _. -~-~ ids a.nd Co s ~- D el _ ,` 9. list all City Boazds on whrch ycky,~~'fe:cune ytl sn wing or have previously served: (Pleasein. lode dates) . 10. Fducadonal qualifications: ~' S, na 11. List any related rofessional ce fications and licenses whit ou hold: t2 Give your present, or most recent employer, and position: S-{~z~le FL - De -~ o E'duca~l; ~)J?v o V a. 'orKZ~ 2 e i 13. Describe experiences, skills or edge which qualify you to serve on this board: (Please attach a brief resume) ~ ~ II ~ ~` ~ -k~cz~ ed ~ 1 1 I hereby cemfy thatall the above statements are true, and I agree and understand that any misstatement of material facts contained in this ap Lion may cause forfeiture upon my patt of any appointment I may receive. `f ~ S ~0 7 -S[GNA'[1JRE DACE - N • Tlti G - ~~ J ote. s app canon will remain on file to the Gry Clerk's Office Eor 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. PHYLLIS W1LL1NG1EiAM Z14 SW fi Avenue Residence:. Sti1.71b.fi1S3 behay Beach, FL 33444 Email: PEWillingham~a aol.com QR.Ti..('rivr Counseling Coach or position extending my academic background for my Master's of Science degree." BACKGROIIND 4iiMMARV betailed-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 and experience in developing and implementing scazming and imaging system in Records and Information department. Actively coached and developed staff with a proven ability to transfer job knowledge and skills to all levels. Wrote and published departmental procedure manual. Currently in the process of transi6oningprofessional careerpathto Counseling/Psychology. ERO.EESSIONAL_~XPERIENC& DIVISION of VOCATIONAL REHABILITATION, Delray Beach, FL 2005 -Present YecatianaLRehabi[itatian !Cuunselar • Counsel mentaUphysical impaired individuals to provide vocational rehabilitation services • Interview and evaluate mentaUphysical impaired applicants • Confer with medical and professional personnel to determine type and degree of impairment, eligibility for services, and feasibility of vocational rehabilitation • Accept or recommend acceptance of suitable applicant • betermine suitable job or business consistent with applicant's desires, aptitudes, and physical, mental, and emotional 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 Councii on Compensation Insurance Holding, Inc.) ddminislrativeAssistanlJl • Administrator for electronic off-site storage system • Managed and published information/news articles as requested using online news service • Provided reseazch and analysis to seven corporate lawyers • Prepazed 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 Distance Operator • Answered inbound calls and responded to inquiries • Interfaced with external customers and provided quality service • Assisted customers with placing. national and international, long distance calls PROI~CT RESCUE, Delray Beach, FL 1975 -1978 Counselor Aide • 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. EDUf:ATLON 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 1. 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 Excel. Accounts Beceivable Adstar MS Outlook Data Entry Lotus Office a Suites MS PowerPoint A1pha/Numeric Filing Word Perfect Interact Email. Eactiva MEMORANDUM TO: Mayor and City Commissioners FROM: City Manager v~ DATE: November 27, 2007 SUBJECT: AGENDA ITEM 9.5."REGULAR COMMISSION MEETING OF DECEMBER 11, 2007 APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY ITEM BEFORE COMMISSION This item is before the Commission fox appointment to the Downtown Development Authority. BACKGROUND Mr. Rich McGloin submitted his resignation from the Downtown Development Authority on October 3, 2007. The resignation letter is attached for your review. This creates a vacancy for one (1) regular member to serve an unexpired term ending July 1, 2008. To qualify for appointment, a prospective member must reside in or have his or her principal place of business in the 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 or 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 qualifications are Mr. Louis Cazbone, Mr. 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 aze registered with the exception of Mr. Kenneth Kaltman. Based on the rotation system, the appointment will be made by Commissioner Eliopoulos (Seat #1) for one (1) regular member to serve an unexpired term ending July 1, 2008. RECOMMENDATION Recommend appointment of one (1) regular member to the Downtown Development Authority to serve a~ unexpired term ending July 1, 2008. DOWNTOWN DEVELOPMENT AUTHORITY (DDA) 64 SE 5~' Avenue Dekay 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/01 Reappt 06/18/02 Rea t06/21/05 07/01 /2009 Fxan Marincola, Vice Chair *Tax qualification Appt 06/20/06 07/01/2008 Unexp Appt Vacant 07/01/2009 David Cook Unexp Appt 05/15/07 07/01/2008 Nancy Stewart Unexp App[ 07/11/06 07/01/2010 Herman Stevens, Board Secretary *Tax qualification Appt OG/22/04 Reappt 06/ 19/07 Contact person: Selma Kleinman 279-1380 X-15 Fax 278-0555 Membership increased to 7 members on 07/01/99 S/City Cleak/Board 07/DDA Commission Liaison: Mayor Rita Ellis DOWNTOWN DEVELOPMENT AUTHORITY EXHIBIT "A" Shannon Dawson Mazk Denklex (currently serving on the Pazking Management Advisory Boazd) Mauxa Dersh-Wissekexke 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 Board) Kenneth Peltzie Thomas Stanley UCG VJ V / UJl lOp ~/ ~~ e~~~` I-- IQ ~3'~ 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 JO1C /OUJJJ p.c ~~ i-7 ~..~ ;t_ ~1~ C ~ ~! Louis, this letter is my resie anon as board member and treasure of the Delray Beach DDA effective the above date- LCLI[fl l Dl.ll 1. ll rl l'IDCIG Rich McGloin DELRAY BEACH CITY OF DELRAY BEACH I I I I' BOARD MEMBER APPLICATION 7993 2001 Please type or print the following information: ,~_ EGG ~~i~F 1 c,~,~c ,100 o <<cR~ ~~~~09 1. Last Name: Q~.JS Name .S hannorl M. I. T, 2. Home Address: O"i SE ~ pNtnuG C~t~ t ~~~ "l-~ State e 3. Legal Residence. X27 N. Sty+n-br1 flt~e.nt~ City pelro,..~ {~cach, State ~- Zip Code 3~W~{ 4. Principal Business Address: -~3o s. F,.~~A~ ~t~y ~3-- City ~~,~..i State ~~ Zip Code ~ffi 5. ~+t+y,~me Phone• ~ l way, cell ~ 5f,ol-Z'7~-592a Business Phone: q~-"la9 -0135 E-Mail Address: Sl-ara~or'CTXiu.'SM~ ~omcccSl:nc-I- Cell Phone: 95~I"~-o13S Fax: ~l'52co-loco? 6. Are you a registered voter? ~~ If so, where aze you re ~ tered? 1~a1 u,Co~.~t, - n~Kirct 7 7. What Boazd(s) aze you interested in serving? Please Gst in order of preference: ; d ~ Zoni ocwd FTiS'lv+i ~ t~rtScvvd-41'or~ ~~rd ~ '~c~.xl'4o~~1. lam. ~.c.lopMa.n'I" >~ or~'F~ List all City Boazds on which you aze currently serving or have previously sewed: (Please include dates) 9. Educational qualifications: c ~ SC'iert rt i - ; 10. List any related professional certifications and licenses which you hold: - ES~"G~ i - k~csor-r ~! Second t'brvlc_ Ma.rlci-Es 11. Give your present, or most recent employer, and position: - Se I E I erY. 'R Es -~hc.r t~ ~~Rytin0.~i~nS = E,+CCIuSNc'~oQrthie5~{ eR"I' 12. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) ~ O wL2 I hereby certify that all the above statements aze true, and I agree and understand the[ any misstatement oEmaterial facts co m this appli n may cause forfeiture upon my part of any appointment I may receive SI2o ~~ .NATURE llATE Note: T1~is application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. Ii will be cae applicant's responsibility to ensure that a cut=ent application is on file. }?.!'rryCL9lIC.9nA V DUPPIteP.Tl(!N 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 Dce°~ Realtor Qualifications: Continuous reseazch of local, state wide, and national teal estate market trends. Helping clients ar~ieve then teal estate investment goals & objectives based on budget, _ timefiame, lifestyle, finanaal goals and investment portfolio. . Studying various aspects of teal estate law on a continual basis. . Extensive experience handling client negotiations and assisting clients with teal estate transactions. • Assisting outof--state clients with the purchase and a^?g~.+ent of vacation properties throughout Palm Beach County. Skilled at Teaming new concepts gturJ;ly, working well under pressure, and communicating ideas effectively. . Extensive wmputer training, intemet research and marketing. . Enthusiastic Delray Beach resident with strong community spiced Rent Estate Sales Associate 2004 Licenses: State otFlodda, Department oJBuriuerJ and ProJerriaual Regulation. Certifications: Resort and Second Home Maz)ret Specialist ~~ iFREC /Florida Rea! Ertafe Commirrion Education B.S. Degree in Biology 2001 Florida Adaatic University, Boca Raton, FL Graduated Magna cum laude with 3.7 G.PA. Florida Atlantic University Medical Scholars Program University olMiami School otMedicine, Completed one remerter oJMedica! Scboo! ar an Undergraduate via Satellite. Career History & Accomplishments Real Estate Investment Specialist, Exit Team Realty. • 2004 "Rookie of the Year" Awazd- Achieved over 510,000,000.00 is real estate sales in first peaz • `°Top Sales Associate' Award- 2005 Fast Quarter (out of 400 assocates) • 2005 Florida "Rising Star" Award for outstanding performance and cazeer potential (out of 10,000+ associates) Vacation Property and Management Specialist, Regenry Real Estate Services • Assisting out-of-state clients with dre purchase of vacation properties in Palm Beach County • Mazketing and management of exclusive vacanonproperties Memberships & Affiliations . National Assocation of Realrors Florida Assocation of Realtors Realtor Association of Greater Fort Lauderdale . Realtor Assooaaon of the Palm Beaches 2001 2004-2006 2006-2007 DELR~AY BEA~C/N ~ ~ CITY OF DELRAY BEACH ~~~~~~~~ I 'o BOARD MEMBER APPLICATION C ~ 1 2005 1993 2001 ~~~~ ~I, Please type or print the following information: 1. Last Name: ~ en ` ~ 1 Name ~^ ~~ '", M. I~ 2. Home Address3ZQ Nw R Sr ~'- Ctty ~~ Sta~treL Zip Code 33' `tY 3. Legal Residence: S4 ~.. e City State Zip Code 4. Principal Business Address: 33s ~ ~-tlw.~~ ~-t.~ City ~~ ~~. State ~- Zip Code 33'~~ 5. Home Phone: 2'bS~~t7'fS Business Phone: 27b-6SZU E-Mail Address: Cell Phone: Fax: G. Are you a registered voter? ~ If so, where aze you registered?~` 7. What Boazd(s) aze you interested in serving? Please list in order of preference: C RA ~~tl-k„ < R. List all City oazds on which you e airrently serv or have previous y served: (Please include dates) 9. ~dpucationarl qualifications: 10. List any related professional certifications and licenses which you hold: 11. Give Your present, or most recent employe/r,~ and position:` cc ~ ent nv- ant ~nn In e) 12. Describe experience+s, skills or knowledge which qualify you to serve on this board: (Please attach a brief res1u_me) 17~Ir ~f o/u- SS oM-5. S y ~ ~r ~~,r osfi c ,r, wu~i ~~ ~c w~OC pc'1o S v$,.~eS4 vWneT So -..I ,.d ral~+d 2 vc l~ ~D I hereby certify that all the above statements are true, and I agree and understand t any missta ement of material fa s con~~j ed inn application may cause forfeiture upon my part of any appointment I may receive. 1"IU~`-- ~ tDI1LI0~ GNATURE DATE T fhis application will remain on file is 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. srnvcrFxx~eoaao~arrucanoN 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 prepazation 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 DEIRn~' 6EACH All-amerlcaCity 1'~I~~' 1993 2001 CITY OF BOARD ME Please tvoe or print the Yollowin~ information: Post-lt" Fax Note T~~~' ~i CND._ pt. Plinnz R / „I /J Xy Faxk C~~~~~? Phut RR:n [~ ~ - V, `~~ I . Last Name: dER511-wI55s.hsRHe Name _ Maurer Di. I. .7 - 2 Hotttrtlc Ad,{r ss: 34 SL• 7L~i Ave ~ ADt pll City Delray Beach Stacc FL ip < ode ~149~ 3. legal Residence: Same City State '7.ip Cock 4. Principal Busuless Address: Gallo Architzcte & Development Company 1311 Newport Center Dr, w City Deerfield Beach State F1 Zip Code 33afl2 5. llOllle 1)11D17e.: 561.27A. A999 liBSlnC55 Phone: -954.794.0300 r,-11'1:U1 AddI255: Maurajw@aol. tom C..C~~ Ph)Ine: 954, 461.ti523 1'eli: 954.794.0301 C>. Date of Eiirdl 2 April 60 7. Arc you a mgistoeed vorer? if so, where arc you rc~stered? yes R. VG'Itat Board(s) arc you interested in serving' Pleasa list in puler of preference: Planning 6 Zoning. DownLOwO Development Authority construction bd of Appeah T.ist all Ciry- Boards on which you arc currently eervmg nr have previously saved: (Pkasc include dales) Haetoric Przservae nn Hoar .. -2006 ? I0. F.Jucalional qualifications: Bac o aar of Archl.tzcture 1 L l..ist any related profession:il cercitications and licenses which yon hold: 13. Give our presc^t, or most mcent employer, and position: ~allo Architact~ & D2veloDmdnL comp, 1311 Newport Ceniu DR Deerfield Heath Project Manager 13. Descrihe czperieuees, skills or lmowlcdGc which qualify you ro serve on this board: (Please attach a brief resume) I have been in aspects of Archl[e¢ure for over 20yrs. I have lived and or workefl in Delray ..s..,. e~,7 ~. _ _ __ _ _ site h Zoning wdee I hereby ecttity that all the above statements arc tote, and I agrca and unJerstand that any tnisstatcmrnt of material facts contained in chin a~>pliy~ti n may use forfcitus upon my parz of any appninunenc 1 may receive. i' ~ 2 4 t~^K.~-t-4 a 7 SIC:NATl1R£ 'j ~ ~"~~- ~~ UATY Note: This application will rrm:tin on Ells u~ the City Clerk's Office for a peLiod of 2 years from the date it u~as subuutted. lc will be the applicant's responsiliiliry to ensure chat a carrcnt application is nn tile. 3/~~/~-a DfFRAYBFACH ~E~E1~E~ as CITY OF DELRAY BEACH MAV 1 ~ 2007 ,' I ~'' BOARD MEMBER APPLICATION~~~`~ ~~~R~ 1993 2001 ~~D J~ Ptracr runt nr print the follnurino in fortnafinn: / t. Last Name: ~, Nam M. I. 2. Home Address: ~ Sta~ Zi 3 odes ) 3. Legal sidence: City State Zip Code ~, ~,/n~ VCi 4. Princi al Business Address: City State Zip Code 5. Home Phone: Business Phone: E-Mail Address: ' Cell Phone: b 4 Fax: 2y3~08 s l (01-2`~3-ZaS~ 2msC~ at~oo.cn cJds slo ao 7s2z co - 6. Date of Birth 7. Are you a registered voter. If so, where are you registered? Io .9 ~ log{- Y~ ~e/irat~ ~en~t , ~L 8. What Board(s) are you interested in sexy ? Ple se li t in order of preference: 9. List all City Boards on which you are currently serving or have previously served: (Please include dates) 10. Educational qualifications: 7 ~ ~(~ S dI NOV ~ / S Also I 'F l1iJP~ s,2 tua.-d s ~>q d tee ~,,~, bus,',•ess . 11. List an laced profes tonal cextificadons and fi enses which you hold: Sertita~' tt~q «`~'` e wv6~F (13ostah MR attdTurrtev Ok~cloor /1-dJ~S (fl/fi0~r, C7R :W ~- WKQZY cFro,~' µl~ , , ~ u t 6s owners, lvar exec ve5, cu, v s, uts eN o~~ Yvar~. nq ty~ nI ~ vri ns de5, IncFfase. ivuu~,c.(~hshs,(2,1 tam/~r ~ /~ IIII'~~ .~/I 12. ive your p went, or most recent employer, and postfion: (y -e,1(1~,r l~'tt $p{,Apl wt`ACYWP i~PAS' P Ste ~ ~ t ~~(Y~~I. y,~ o~ PTA wi- t4irosl.,na rwitvka.-l,'ot~a_Q tltoal, TG. a.~-; Mewlawshi co a~i~e~ (New Met«b 'a dwt ~~ vt in it z a vt h'1 h b i E , Iesume) a r ~ 13. Describe experiences, skills or knowledge which quahfy ou to erve on thishis bease attac tX`7 ~ 0.S ~ C n,~~ICtG. r 10 NeL/~ Y ~ Ra v ! \ aµse.. s~ ~.nc~r of i+ owp res. ~. QdcG-4:vw, vk volw~~{e-t;r work shows s l~«ve,a s _ l1t SucceUfalZ t~ J i';? fFS ~ ~~ f'a,~ _ ~j PfM~,t~ vf~C~ltc..~/PlI!~ ~iX 1tL1 -' L a I hereby certify th tall the above statements are true, and gree and understand that an misstatemen f material fac s co aided in [his a >hcanon iay cause forfeiture upon my part of any appointment I may ceceive. (~ r _ 5~:_~ + ~ SIG RE DATE Nottf: This application will remain on file in the City fleck's Otflce for a period of 2 years from the date tt was submitted. It will be the applicant's responsibihty to ensure that a current applicaton is on file. `z sN- It~^S fiJ4S, .di .LL Ii:, l!,~ t r r ~. I ,cNV14 $: n aaa< 6t'xC o{- `YhQ Y~i CCS~"r at- u~hj Sc~ImQ... . (Speualro roe News) Noss Leslie Geller, shown IeR, with clrairs Michelle Kelman and Jane Fields of the recent annual Auction Untlerwiiters' Pally. Parents salsa,. samba to raise $40,000 vxontsrnrrneroxrs eighth graders. The Salsa, Samba, Tango and UndetwTi~ers' Party Co-chairs moss are not on your average Michelle Kelman of Baca Raton workday schedule. and Jane Fields of Delray Beach gut then, Unity School parents were Uvitled with the outcome. xre no[ your average parents. And "You couldn't have asked for a so, parents were nominated and better time orabetter group of par voted upon to becane the "Dane- ents;' said Kelman. She and her ing with the Unity Stars" winners, husband Dc Chad Kelman have to serve as heel kickin' entertain- two sons and a daughter at Uniry ' menl at z recent annual Aucton School fucas, Benjamin and'Id- Underwriters: Party. exa Onceglievotes were tallied, Ute=- - Uniry School Headrnisuess Ma- i wi~inlfig!dancets were: Dr. Jacgw- ria Barber resounded how the fes- Mbfo~-Maloney of Delray Beach, live event enabled more than 150 i Winston S(iuttof BOCaRatna,.Uma devoted and loyal Uruty'School Frankel of Highland Beach, and parentr to enjoy themselves Fully; Unity third-grade teacher Melissa while supporting the school's wor-. Urquhart. Uty cause. nfee.victors spent hours prat- "We have Ure finest parents and Gcingwithprofessional dancers for supporters who also know how to weeks to perfect the routines, then have a great time. The tellers re- perfoimed live during the Under- ally throw x fantastic party;'said writers' ParTy a[ the home of Leslie Barber, who has served as head of I and Paul Geller. the preparatory school for more In the end, the high s[eppin' Than 22 years. "The end result winners and the generosity of the is our students will benefn from tellers helped to raise $40,000 to the generosity and supportfrom benefnthesmdenrs ofUtdty School the Underwntet s:.Par[y and our.... FLndshorntheevent5help suppon upcornmg Annual Auctio'n`" The'" the student body, including its aces- auction is set forMarch24, chaired derma, Ure arts, band and music, byJanet Goldman o(Delray-Beach. and aUileUc programs. Fields added, "Many volunteers In addition to the dance contest, and staff members contributed to alive auctionwas held to o(ferdass making this nightatrulysuccess- projeclshand-crahedwilh love and. ful fundraiser Marty parents ~da~; rare by the 400 students. Vener- noted-then time and'goods to help ';. able Auctioneer Neil Safter,tumed make,.the eventabigSUaess" Ure auction into entertainment as Uhry Schwhhas served students -. parenls~acquired a host of pieces- aged ~ Uarotigh Eighlli Glade hom including hand-painted bongo Delray Beach, 6oynton Beaeh Roca ' dmnrs, art ornate fountaiq and Raton, Palm Beach, Mariala(ran a colorful photo-adapted artwork and sunoundiug comrnuriities for that included the likeness of all q2 years- It otters aWee-Wis'dom.. Montessori Preschool and nadi- tionaVprogr~ive Elementary attd Middle5choofs. Wee-Wisdom Mon- tessori, the Florida Kinderganen Council and the Flotilla Council of Independen45choolssanetion it OELRAY BEACH =~_5h; T ~' ~ ~ CITY OF DELRAY BEACH ~?~~~~~ BOARD MEMBER APPLICATION ~pR ~ `^ gp06 'II ,,..:~ ~. 1993 ~~ ~~ ~E. 2001 t' 1. y Last Name: n ~17 / ~ ~ Name ~ ~ /`= / I" 2. Home Address: ~. 3 ~ ~ C~~fl~'~~c~aK cif' City ~~~,e~ ~~~N State -L Zip Code .~~ vs 3. Legal Residence: City State Zip Code 4. Principal Business Address: ~a~s w.~~~Ne,~ ~v~_ City L~~~~ ~~~~~ State ~~ Zip Code 3.~yys 5. Home Phone: Business Phone: E-Mail ddress: Cell Phone: Fax: 6. Ate you a registered voter? If so, here areyou registered? L-S /~OvC PRL C /NC.T -EMMAN aEL G A/j~jL~~ ; 7. What Boazd(s) are you interested in serving? Please list in order of preference: C fl C ill: < ER iCE ~vcvn/ c /61,~ al ,qu'~V~,P` 8. List all City Boazds on which you aze cuaendy serving or have previously served: (Please include dates ENDS 0~ ~c'L/Qyi - ~//NcE ~ pL-C Cf>'l~~/z 9. Educational qualifications: ' ~GN ~~J./ooi. GRA>oA%c - ~os~ fl~ri~1%~ S%~~i~s : TiPANS /~/~ti'/.D !a~ GiNC SC /~v a 1 ~~ . ~ -iv N.QA o o:2s /~.~ RNC ~~ l /y7ANSN~ • ,iG~OO ~ 10. List any related professional certifications and licenses which you hold: A, 11. Give your present, or most recent employer, and position: r~LO d~!'o L- Tr` LAG 12. 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 co ed in this application may cause forfeiture upon my part of any appointment I may receive. ~rre~~it~s~'yrc7 ~,~ ~OJC'~ SIGNATURE llA Y~E: vv/~ G~ Note: This application will remain on 51e 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 ctrrrent application is on file. scnvcLExiosonxn~nrrucnnoa DIANE FRANCO # 12. hi 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 mazkets as well as the local real estate market, acquiring, developing and presently manage several residential and commercial projects in the City of Delray Beach. r n ^. I u i. _,~ iz~.=•_~ _n'~~~ . .J r[I ~. ~ ~-: _~ ~~ tr. t_I`.: i Ir,F'19 F'_ OELRAY IcUCH _ ~/~/~~ JUI-Amatica C- ,' f~- CITY OF DELRAY BEACH nn~~~GE~vED BOARD M€MBER APPLICATI~J ,~ 206 ~ ~~3 SUN 1 ~~ zoo i GL~ Plessc e or~;rint the follomin inforulauon: G~~~ 1. islst Name: ~ '' --- ~l - -- _ -____ -- Nanic ~" ~ 1~ / -- r'J/'V M- I- / j/~J -- 2. Home Address: ~ Qty .. State - 7t Codc ~. lzgal Residence: - ~ ~N'~~ _ City $t_are Z.ip G;ik 4. PrincipaLl;usiness Address: Gry State Zip rude 5. Hone Phoue: Business Phone: F-Mail Address: Cell Phone Par: (i. Arc ynu :1 registered yota? if so, where ~e y9u re ~stere r' 7. ~l[ac Boazd(s) azc ou in[erested in semingl Yleaee li?r in Haler of preFcrcnca _ m _.- ...... _.-_ __-..-.-.-..._ .-_... ._.__.---.. V~ ~ Yr ...-.-. ___.._...-. __.____- _..._ __. 8- List all City Boazds on wlitcli you are curry.»dy st-rvin~; ~ It have 1>rcviuusly scevcd: (L'Lczse. include. cb.tas~ s<-rtiG.- (/fflll~Ll VL Sl~ 4'~.~ G~~f~" - 9. l/du oral qualificatio[ ~ / ~~~~e ~s ~~~~ _ - ~~~i~..~-~~rv~~ -- / GS ~ 10. List aay related professional certifcarions and hconses tzduch you hold: --- ~~G-~~S-L -'_r'c~. 1 L G~ your present, or most recent employgr and po idoo ~ ~~~~"~ ~"fif'~-- CCL G.G-~ ~zht~ ~ _. ~ '~-<-!Q 7T-rn21 r -- ._.___.. _......-~---- -_...--- .___.__ 12- Descub< experiences, skills ol: knowledge which yu~alily you ro se[ve oa tkus 1 Board: (I?lense attach a brief resume) --~- I I c. e 4 r. all. 41e :above ndcemen[s arc [ruq and I agree and upden.lau<1 Chat any mi55 tatcmenl. of rnararial facts C Rf pllfaflMl relay Ca tl;e fi)CEHLCU[C aeon my parC of ally :appOllltinellt I fills}' reUY1/C. _ ._......__-.~ "1 - _. Y 5 A1'UfCE: DATI' ~:~ Noce: T1»s application twill rtmaul ou 51c in the~fity tle-rk's (_)flicc. for a pcaod of 2 yeas from the. datr_ if. was sul>mictcd- it wiU he the xpplic.-aui s r<:sponsibility to ensure that a currcuc apphcation is on file- $\Cn1T1~RAVl(lA PIl\n PVll(A I'IUN' NOG-14-03 1I:56Ai9 FROIkMARKS CORPORATE OFFICE 5613958820 T-769 P.03io3 F-725 JOHN N. HART 220 NW ll" St., Delray Bcstch, FL. 33444 Phone-361-278-0304 E-mail [hehar7fam ®eoLcom SUMMARY To follow a career path in the hospi[slity industry that continually poses challenges that require ma to utilize all of,ny expertise to solve problems, maintain operational control and maximize the bottom line. PROFESSIONAL EXPERIENCE December 98-pres. Genera! Manager/Director of Operations/ChiejOperating Oicer, Mark's Restaurants- F(orlda I was recruitod from NYC in `9S to spearhead a $2.j million dollar restaurant renovation and expansion project for James Beard Award FVirtning Chef Mark Militello in Mizner ParIS Boca Raton. Prunary responsibilities included working with architects, dasignete and contractors, Crt;ating and implementing all FOH and BOH operational and training guidelines hiring overseeing all purchasinge negotiating in house contractual agreemenu, maintaininb costs and analyzing monthly P&L's, In February of 2000 I was appointed to Diroctor of FOH Operations. My first project was opening the South Beach location on Miami Beach. The following fall I was offered the City Place project in 1Vest Palm Beach and made an equity partner. In April of 2001 1 was promored to my current position of Chief Operating Officer. My primary responsibilities havo included liaison to the parmaFs, overseeing all FOH and BOH operations, handling day to day business matters including creating and meeting budget guidelines in conjunction with the accounting team and insuring overall quality and consistency for the four locations. December 97-December 98 General Manager, Retni Restaurant -NYC MY position brought me full circle as an operator of a multi faceted, $12 million dollar a year restaurant operation that provided me the opportunity to work wide renowned Chef Francesco Antonucci and international restaurant designer Adam D. Tihany in a high profile mid-town Manhattan eatery. Responsibilities included refinement and supervision of all FOH operations, overseeing the catering/bsnquet services and a S2 million dollar a year "to go" operation. September 9S.December 97 Beverage Director/tfssistant Manager, Darre/ & p(iver's Basl Ciry (,rill-Ft. Lauderdale Designed the bar from pre-construction and opetated the beverage deparutent for one of Ft Lauderdale's top rostaurants. My department in its first yoar generated 40% of the Boss revenue for the restaurant. Created end maintained an award winning wine list and specialty drinl; menu. Organized, marketed and exacured a caries of successful wine dinners. Directly responsible for all beve{age purchasing, inventories and controls. Lectured staff weekly on wine snd spirits. Interned as kitchen roundsmen in summer of `96. August 94-September 9S Assistant Beverage Managed Mark's Restauranr_Ft. Lauderdale Responsibilities included weekly wine and spirits purchasing, inventory, scheduling, cost controls and daily bar operations at one of Ft Lauderdale's most prestig,ous restaurant. CONSULTING PROJECTS On site residendsl, hotel and restauran[ work that prirttarlly {ceased on troubleshooting cost centers, functional design layout and menu development. {Details provided upon request EDUCATION Bachelor of Arts, Political Science-University of California, Santa Barbara-gFaduated with honors 1992 Guild of Soauneliars-Certificate Course-1997 Additional prior experience, special interests and references provided upon request. uruonx ern~n ~~~ ~p y U ~~ CITY OF DELRAY BEACH = ` ' I BOARD MEMBER APPLICATIC°I~ 2 ? ?(IOi "1993 ,,--3- ~ : _t ; 2001 . -:, , .,.. ,_:...._. .,^~..- Please type of print the followin>r information: 1. Last Name: ~ ~ ~ Name ~ M L 2. ,Home Address: S ( ~(~ - ~ - ~' ~ ..r (.v d ~ City ~ ~ .} Sta~L Zi ode 3. Legal Residence: ~ ~ ~ i~ City State Zip Code 4. Ptindpal Business Address: Ciry State Zip Code 5. Home Phone: 5 L- Business Phone: >r Address- ~~ otS~-~~ Cell Phone: Fax: 6. Ate you a registered voter? If so, where aze you registered t ~ `t.~ ~.~~~ b~ 7. Whams o~ d(s)~ e you inte~ed in serving? P ease ~ in order of preF ence: -~/ ~ ~ ~ _ '\ n ~ ~~ ~~ nPm ~~ ~ ire ~ ~ ~ o~ 8. Iist all~ty BoazS on which yo~ e ~ dy serving or have previo~y served: {Please include dates 9. Educational qualifications: PP j ~ _ 1~ ~ `ti ~ ~ ~~ L v~ 10. List any related professional certifications and licenses which you hold: ~-~ ©G17 ® ~- r-- G ~ ~ ~~ ~~ L'D ~/~~ ~~ ~~ C-P~ S~-l~ 11. Give your ptesen~ of most recent employer, and position: L P12 12 Describe experiences, skills of knowledge which uglify you to serve on this bond: (PI e attach a brie esume~ Cam( I _G- ~' ~ ~Q C~ I hereby cet ~ e a o statements are true, and I agree and mderstand that any ntisstatement of material facts contain in this appli n cause forfeiture upon my part oEany appointment I may receive. -' .N ATf TR r~n~rc _..__~ ~ Note: 'Ibis application will remain on file in the City Clerk's Office Eor a period of 2 ye~ts from the date it was submitted. It willbe the applicant's responsibility to ensuie that a current application is on 61e. %v ~~~e n2~ s~ivcu!uaaonnuueeu~.noN i ..n / ZI / (APP,-~5-2EtEt7 L15: n6F FF7719: JII.1+p JAMES HOUCK ST. CHARLES MFG. CO. 561E~~~E~F. PROFESSIONAL HISTORY EMAIL - jdhouck5l@yahoo.com 2 of 2 PHONE/FAX (561) 865-2636 1985 - 1987 SCHNEIDER COMMERCIAL REAL STATE Los Angeles, CA Commercial Real Estate Agent -Worked with developers, property owners and tenants & negotiated more than $2,500,000 in Retail, Industrial and Office Leases and land and Building sales. 1975 - 1985 1974 - 1975 1985 -Present P. 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 Tf1: `c'4-'-, i i4 1969 -1974 UNIVERSITY OF ARIZONA Tucson, AZ Bachelor of Architecture 8F'F.'-c~-:'OG ; ~t9: t=i.~P FF10h1: JIf9+D EMAIL - jdhouck5l@yahoo.com ~~ 1 r:r,~cE~ 5 TAMES HOUCK PROFESSIONAL HISTORY loft An experienced Manager with an interrelated background in Architecture (5 years) (Buildin Design & Site Plannino); computer Proficiency (20 years) Excel, Word; Sales, Construction (5 years); Coraorate 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. PHONE/FAX - (561) 865-2636 PROFESSIONAL HISTORY 1992 - 2006 LANG MANAGEMENT COMPANY T0: ~4-,774 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 F'. Director of Property Management & Leasing. Directed all the "on-site" property management, sales and leasing efforts fora 40 bay 95,000 square foot Office/Warehouse building. fk+ihl ;M+iPI;'afF ZOCi' 11:~r~/;T.11:II/U_ hilJl!i_9p: (~ _ V9%:J%U7 DIUI'1 VB: Utl FA3 5812'13:1779 CII7 CLERIi X004 DELRAY BEACH CITY OF DELRAY BEAGiI~.~iVED 1 I ~ ~ ~' BOARD MEMBER APPLICAT~N 2c00r~1 1993 ~~T i ~~-~"`i~ 200'1 ~/~a3 09 Pleaze a or tiny the folio infom7ation: I. Last Name: ~p ~~`M ~' \ 1 ^~ Name r~ N 2-C1 h~ ~ 2. Home Address- l ZZ ~ ~a h S't'l2,cc~ ~ .e u ~stAC.~ S~ z~3 ~ 3. Legal Residence: Gt}' $ratc 'Lip Code 4. Principal Btuiness Address= ass ~e sTh ~~ City ~~~- ~~. Sure >z .Zip Cnde 33~k33 5. Home Phone: .~bl-g]o-Y8 Business Phone: S (330'4 E-Mail Address: ftc,~ - r~c3~~t_tr+e Cell Phone: on>~Ol~ SS Fax .f6c -33a-7d y 6_ I}ate u Birt11 z(1I~5 7_ Arc you a regurered voter? If so, where aze you cegistered> ~o 8. Wh3L $~rd(s) arc you interc~Led i servtng2 phase list in o rof preference: ~ rat ,~ -l-o t,~ r` ~~~_~n cwy.-L~ _ 9. list ~ B s ds?o~ ht~you ~~~~LLllY~servin hav eviovs ~rved: kasc includt dazes _ ~~~ ~~ ~~c~ m tO. .E a[IOII. 1G'tLlOn]: ~{~~~ w.~, ~h p F~ r`n~c ] I. L.isc any related professional certifications and liceases which you hold 12. GNe your present, or most recent: employer, and position 13 a experiences, sld]I; or lsuowlydge dhich gwili{j-you Lo serve on this oatLL (Please actac6 a bncf resume) ~~T_ I ere y ce the ab svtemencs are true, and I agree and undersraud char any miSStaLCU>znL of material fits ^o li ~~ n maycause forfeintre upon myparr of aayappoincmenc [ yteceive. -~~~/1~- SIG DATE Norc- This applicanon will remain on file in the Gty Clerics Office for a period of 2 years from rbe date it was x,.1.._,:..,.1 Tom.-.:II L_-l- __.r_ _.~_ _. _r i_._. .. _. r vw nv~e~r.a ~ v~ ~ i ~rpi rnVl•I IVtiJ 00 ~ JJU /040 Kenneth T. Kaltman National Compliance Services 355 NE 5`" Avenue Delray Beach. FL 33483 1994- present ]982-1994 - 197R-1982 - 1965- 1978 - 196]-]965 - National Compliance Services -Manager and Field Auditor National Regulatory Services -Sales and Compliance The Securities Group -Senior Partner/ Trading and Compliance Lehman Brothers -Senior Vice President. Trading -established London and Tokyo office for Lehman New York Institute of Finance/University of Tampa Y. 3 NASD Exams - Series 63, Series 7, Series 24 DELRAY BEACH I ~ ~ I CITY Off' DELRAY BEACH RECEIVED I f m BOARD MEMBER APPLICATION OCT fl ~ 2007 zooi CITY CLERIC Please or ' tthefoIlQ ~ information: ~~ Q9 1. Last Dame: ~ ~ 1Van>~ 2 lio r~.~-~ L i2r7~. ") /U/i1 C P~/¢/zL M 1 Address: ) / ~`~ J Ic'S I /'!1,~~ - -(~I9 ~ !~ ff S ~~JCode 3. LegalResi ence: ~~ .J N-j~r ~ ~' State Zip Cade 4. Principal Business Address: Ciry State Zip Code 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: -7 a ~ ob Fax: ~ 6 / ~6/2~7 ~ ~7 ~ ~ra,Ny.~- k>TCrt ~o /' , r a7 8~/~ 6. Date of Birth 7. Are you a registered your? If so where are u ~ > 3'o regisurt:d. 8• ~rarNB (c~ arc you interested in servin ?Please lRtt in ozdeq of preference: ~ r I:~ t:' H-/'i~ " I/O L 1~ f-`~ J /~-~ ~ :> / lr 1`71,2 )C `j~/~5 9. List all Gry $oards on wbich you are eurnently serving or Gave previaafy served (Pkue include data 10. Eduauional gaalificarions: /7-/G-/~ ~~~' I hoz~. 11. List any related professional trxtto and licenses which you hold: 12. Give your present, ~ ~qn~ cunt employer, aad position: ~ L3. Descrilx ex er<cnces, s yr Imowkdge which q you to ser/rr on this board: (Please aerx6 a brief resume) J- I~ uJaN~ / /- z ~ /~pG2~SS ~ f/~ ~ S h ~ ~ ~'~~ ~ • '3c ~27~~~~ ~ ? C- ~~,%}C~'~•:_ G-E~ 1~lDh, o ~ ~Y~S Pt3 that all a above state are true, and I agree and understand thar an o ~ s ~P O°'~ j a ~{O (~,~°n my~ of immeat I y misstxeme~ of material facts ~,/ Al{1~5 /~ ~YaPPo may receive. 1~1vn'tv>zE ~- a 7 ' ~ ~ DATE Dote: This application will retrain on file in the Gty C1edt s Office for a period of 2 subtnirted_ It will be the applicant's responsrbiliry to ensure that a cuuent apphca~n is o~fileare it was RESiJMG FOR B[JN[VP (I FAP.I,) MAItKhIELD EI,ROD Director of Reasearch Dept. National Enquirer newspaper 14 yrs Kealtor Coldwell Banker Real Estate 3S yrs. Pres. Ible~ritt 1?adc Home Owner's Assoc. Pres. Progressive Residents of Delray League Of Women Voters, PBC:, Board Member Member S~u/NV'I Etedevelopmen Task Force from inception. Resident Delray Beach over 10 y's. 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 o a beautifully developing downtown area. .4s a resident enjoying the benefits of a lovely city ]would like to "give back" to the continued healthy grovrth of same. DEIRAY BEACH ~ ASE p-`~ ~ ~. ~ CITY OF DELRAY BEACH p~G p g 2~`~l I I I'® BOARD MEMBER APPLICATION ,~ ;;~`~.~~' 1993 ~,~ zoo, g/ 9~~ Please type or print the following infomaadon: I. Last ~vame: ~~" t ~z 5 Name ~ / ~ f ./ M. I. 2. Home Address: City State Zip Code 3. Legal Residence: City State Zip Code 4. Principal Business Address: City State Zip Code 5. Home Phone: J ~O~~a.6~i•-~t/S Business Phone: E-Mail Address: EIcNMA-;~k 0 ~L• Cell Phone: ' m Fax: 6. Date of Birth 3 f y/ y~ 7. Are you a registered voter? rd,t~~ " Y'f so, where are you registered? !~-t.~Q~t~c 4 .f~0 8., What. Boazd(s) aze you ~ to ested in servin ?Please list in order f preference: f ~ ~ ~~," 1. List all City Boazds on which you are cuaendp servingor have previously serve .(Please include dates) 10. Educational qualiftcadons: t~ ~~Yl~~ t 17. List any related professional certifications and licenses which you hold: 72. Give your present, or most recent employe ,and positiom - n 13. Describe experiences, skills or knowledge which quahfy 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 tnatcrial facts coned in this application may cause forfeiture upon my part of auy appointment I may receive. !1 ~, ;/ / SIGNATURE Note: This ,~~ ~~G DATE rion will remain on 61e in the City Clerk's Office for a period of Z years from the date it was It will be the applicant's responsibility to ensure that a current application is on 61e. v Please ~ c or nnt'[he following rntormauon: - .. .-u l_. ,. . .I. Lays Id~aurc - Peltzie ` N'om` Kerinetti 2_ HomcAddress:- - ~ Gry - StaiFp 71pCbdz 2260 Rabbit Hollowe Circe Delray Beach 33445" _- City Store .Zip Code 3: - ~Lc~al.Rcsidenca - - a ~ - fy - - State. Ztp Codc -~ 4. Pturcipal Busincea Addre3a: ~ ry __. - ~ ~~~ 5~ ~Homc Plronc~~ B..rsmccs Phosse: - E-Mail Address= CdIP~ _~J Fns' ' ~- kpelizie aQyahoo.com' l cf 6 6-3844 { ~~ 56t~98-076d ";-, - --- ~F y ~ ~ ~ If so, inhere ate you tepistetcd? - 6. Ate you e s e ~a V each, Flonda 7: VPF,at Board(s) uc yoo inrrlested in setbingt Ple+se lisc iri ordcrof pmfeteucc Downtown Development Authority P) o .+ a.:., g . a~ d Z a .-• - 9 $ tea'"p ~ R A .. ~ 8: List all Giry Boazds ou which yon..ar< currcndv serving o[ have previously saved., (I'lensz rndude dare_==) -~..:. Planning and Zoning Board 8/15/00.to current 9. rducadonxl qualifications: Masters in~Public Health/Administrative Medicine 10. List any rclired profcsaioualccm6caoon5 and jicens6 which you.hold -' ]7: Gibe pour prescrrr• or moat recent cmploycr,.and position: _ _. - - -- ~- Vice President, Whitsyms Nursing Lld ~ - - ~ -. -~ 13 Desmbe ecperiencs,slulis of Imovledgc which gttaLfy you to secvc on tlvx be erd: (please attrcb x hocf iesumz) -. . Fo Year ex enence in Hea h Care- m" pp_and~ommurn vlannin j i Served as an offiger and Board Member of a namhar of rnmrrv,nitv.nrgani7atinnc - d I c and ~md nraud rhnr ~,. rsu:crarcmmt of rrvtnri-1 f+~ra I bra:cby .a7dfy duu dl dae ab~i~c sracement3 ace au<, ~ acne y - ; conrauied in this appli~tionf*+~y cnusc forfeinsc apoo my put of any appoinm~cncI mzy recervc. ; i ~ ~ ~ 1 ~; ~$ ~' Dr17E SIGN U1tE Note This apI>lication will tzmain ora .file ih the City Clezk's Office for a peo<id of 2 yeazs.ftom the dace it aas ~ ~ ~ - - submitted. Ic will he tlx applicanCs zcsponsibiliey ro.ensum that x cuaent applicaooa rs on.fil~ SCIT+fIFYKtPD~YrTNPnf TOH- Sunday, May 16, 2004.max KENNETH GERALD PELTZIE 2260 RABBIT HOLLOWS CIRCLE DELRAY BEACH, FL 33445 561-498-4764 GENERAL PROFESSIONAL EXPERIENCE Hospital Executive & Planner Health Educator Health Care Institutional Consultant Corporate Executive (Health Care Consulting Firm) Federal Government Health Care Program Analyst SPECIFIC PROFESSIONAL EXPERIENCE 2003 to Present Vice President, Whitsyms Whitsyms Nursing Registry, Delray Beach, Florida 1999 to Present Independent Health Care Consultant 1987 to 1999 Vice President, Corporate Strategy, Bethesda Health Care System Boynton Beach, Florida 1990 to Present Adjunct Assistant Professor, Health Care Administration Florida Atlantic University Boca Raton, Florida 1982-1986 President, Affiliated Hospitals of Indiana (a network of 18 hospitals in central Indiana) Executive Vice President , Community Hospital of Indianapolis 1980-1982 Senior Vice President, Robert Douglass Associates (a national health care consulting firm). 1972-1980 Vice President, Chi Systems, Inc (a national health care consulting firm) 1966-1972 Associate Administrator, Assistant Administrator, Sinai Hospital of Detroit (a 620 bed university affiliated teaching hospital) 1961-1966 Budget Examiner, Bureau of the Budget (now the Office of Management and Budget) Executive Office i` th P id W 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 Toss 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 GI-rtS-c'.Cttdn 1h: 18 FF.Ohl: hl(1C I.IILLPoI ~ ~TiaNLEi SGlc7~•F81 T0: c4??f7d F'. c~? r DEIW+Y BEACH "'"~ CITY OF DELRAY BEACHREGEIVED ,' I ~ ~~ BOARD MEMBER APPUCATtC~, 0 6 2006 7993 tool CITY C E - ~~~a ~ rlca5e t lc ul nuu u.~c .. •...~...., ......~............ 1. L sr Nam -: - - N"~rt~ S +. f. ~. ldollle ..`\dd[c S: ~ ~~ ~ ~(y ~ ~r~ _ ?• C OC12 1. T_cs11 TZeildCnCt: ds ~ ~~~ Cpl[}' ~ >laCe Zlp ( fJde ~°~~~ 3. Principal Rosiness Address- a9 ~ ~~, ~ Cin' ~ ~~ State a 'Lip Cttdc 3~~3 S. TIuntc L'bonc 1{usincss Phone: E-D1ad.Addres;: Cell l'bonc Pam: (i. l~Le VOV a rtgi: -cteil vntc r.' f'uS TEi>, oche z arc yoo [ isrcrc - ?. /hat Bna (sl arc yot ~n ccc:czd i, sc g? Phase list in otdac of pct Ectc ca: S. List .ill City T4oards on ~~Lnch you arc cturcndy is tv i,i~ or bavc przviously saz•c is (Plea<e inchnte. darts) Sl. Fducacional r}aalitiC+~ians: l t0. List any related prgEcssion 1 ccr tications and licenses which aou i?nld: 1 1. Give your presnu, n, nsc sec ttnployer, and posiraon: 1_'. lleseribc. cxpctien'~\, ;~k Is nr~l~ wledge wltick, yuaify you to se.vc on this bo;vd: (I'leace. acc.lch a brief r<+umt) 1 lxnby terrify chat :ill ehe above statements arc. unq and T agree and understand rh:a any mis:c+tcmcnt of marcti;J facts conrainc ~ canon , r wsc forfcimtc. upon m}• part of any appointment 1 m:cy rcczivz. . G IRE DPTL NotL us . .~t tcm:tin on file itt dte Litt Clcrk•s tathm to a period of % years tram u,e gate is was sttbntieted. It will. be d~c applicant's rvsponsibiligr co auw:z chat a current appheuien is nn file gLrt rru:xv.~.xn.,eo~a4rnrnnoN i-iFF.-~'_.-c~Ci7 1n:L FRin9: PliiC 19ILLF-Itl `r> ~THI ILE'A' `:b1276^EI:31 TO: c-1'-.'ii-{ F'.1.1 L,~• Off~~-e5 29 t.VOTtl7C.15t t'<nirl'll. ~Venuc Dclrav Bcac}~, Florida 3.34L~3 Telephone {561) 276-6363 Facsimile (561) 276-8881 macmillanstanley.com Carol MacMillan Stanley` Thomas M. Stanley 'board Genified Dy Florida Bar In Willg. Yntsls 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: Downfown Development Authority (D.D.A.) Dear Venice: Neil E. MacMillan Itste- rsss~ Please attach this letter to my City of Delray Beach Board Application as an addendum. Qualifications for Downtown Development Authority: 1. Manager, shareholder and attorney at MacMillan 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. Yours very truly, MacMillan M. Sta TMS/smt E~~av~p APR 2 ~ 2007 CITY ~L~~K Serving Delray Since tga6 TI_gl-~?.:--c~3~36 16:1'± FP.OI'1:19HC HILLHII >s 'STHIILE'~ 561c76~at~:1 TI1:~4'3ii-I Thomas M. Stanley 1995-1999 B.f~. Hlsbory 1999-2002 Education profssalonal experloace ,!aria Doctor MacMillan 8 Stanley, PLLC MacMillan 8 Stanley BuilCing 29 NE 4th Avenue Delray Beach, FL 33a83 Phone: (561} 276-6363 Fax: (561)276-8881 tom@macmillansta n ley.com Princeton University Florida State University 2002 -Present MacMillan & 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 ProJasstonal Member of the Florida Bar, American Bar Association: Delray Beach memt»rahlpa 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 Objective 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- P. ; ., MEMORANDUM TO: Mayor and City Commissioners FROM: City Manager ~//~/ DATE: November 27, 2007 SUBJECT: AGENDA ITEM 9.r-.REGULAR COMMISSION MEETING OF DECEMBER 11 2007 APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL ITEM BEFORE COMMISSION This item is before the Commission for appointment to the Neighborhood Advisory Council. BACKGROUND Regular member, Mr. Arthur Brown (Zone 1), submitted his resignation from the Neighborhood Advisory Council effective October 26, 2007. The resignation letter is attached for your review. This creates a vacancy for a 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 large representatives, who may be selected from a community civic organization or business owner located within a neighborhood zone interested in the enhancement of its surrounding neighborhoods. The following individuals have submitted applications and would like to be considered for appointment. (Applications are listed by zones; however, the applications are 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) regular 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. ADVISORY COUNCIL tnm~ TERM EXPIRES jjjSTRICP NAME 10/31/10 Zone 1 Gaston Joseph urn Apppt os/2t/o7 t 10/16/07 10/31/10 Zone 2 Jennifer Witt Appt 10/16/07 10/31/10 Zone 3 Linda Leib Uneap Appt 10/17/06 10/16/07 10/31/10 Zone 4 Harold Van Arnem Appt 10/16/07 10/31/08 Zone 5 L'I'anya Allen A~,t to/ZS/os 10/31/08 Zone 6 Linda Prior Uoexp Appt 02/2(1/07 10/31/08 Zone 1 Arthur Brown, Chair u~ ~ m/ts/oa t11/15/OS 10/31/08 Zone 2 Bonnie Raycroft Appt 11/15/OS 10/31/09 Zone 3 Shirl Fields Appt 10/17/06 10/31/09 Zone 4 Claudia Floors Appt 10/17/06 10/31 /09 Zone 5 Matthew Hartley Appt to/n/o6 10/31/09 Zone 6 Joseph Kamarata, Vice Chair A1,Pt to/17/06 10/31/10 At Large Pamela Williams ur,eap ~ o~/~ Representative tt /t O6/ 10/31/08 At Large Patricia Westall u,~:pApptoa/tv/os Repcesentative r to/u/os 10/31/09 At Large Charles Stcavino Appt 11/04/03 Representative t 10/17/06 10/31/08 Student Vacant 10/31/07 Student Vacant S/Gry Clerk/Board 07/Neighlwrhood Advisory Cound 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 /~nn~ ` WCLM~ OCI~~.I. ' , a~ ~,~, „ ~ CITY OF DELRAY -BEACH '~ ~ ~-a BOARD MEMBER A .t6~ .2- ,, ~ , o PPLICATION .~ ~~~~~- Please type of print the following uxformafion: ~/ J~9 1. Last Name: F Name . . M L. 2. Home t~ddtess-. City S Zi Co e ~ 3. Legal Res ence: \~ C' ~~ State Zip Code 4: P ~ cipa7 Business Address: City ~ ~ State ode 5. Howie Phone: Business Phone: E-Mail Address: Cell Phone: Fax: ~~~ _ ~ - 6. Date o Bix 7. Axe you a registere voter? If so, where are you registered? ~~ . ~ 8.' a[ ard(s) are you interested-in serving? please listin order oEpreference: _ ~~~. - 9. List allCity Boazds on which you aze girrendy-serving br.have previously seroed_ (Please_irxdvde dates) ~ 17yPgiy'0G 10. Educational ualificadons: ~ 11.. ' t any related pr ro al cetgfi~cations an -tenses whit - l~ ' 12 Give your present, or most,recent employer, and position: ~~~y ~~ ~I 7~z~~y. _ _ ~ 13. Describe ex riences, skills or knowledge which yuahfy you to s on this board: (Please attach a brieEiesume) -~ I hereby certi Cements aze true, and I agree and understand that any misstatement oEmaterial facts coma pli - n ma caus i y e e ture upon my part of any appointment I ma receive IG ' D!i ~.\ Note: This application will remain on file in the City Clerk's Of&ce Eor a period of 2 years from the date it was stibcnitted. It will hr rh...,.,~ti,-,,...>_ ____ - _ _a_ _ .,_ ' a C r r SATURDAY, JULY i4, 2007 BLDG ARCHIVE ~ zoos (3) • diili (t) _. ,,:;,~ - ~= (t) AeoUT m, r. POLITICAL INSIDER . ,~ ti~ _L','n . ~~~i~; r_ ca_ ~?i0~ J7^? I~'1 a~iiR~~~r~~ 2~J0? `l-'Orgl'~SSiODa~ d~.~81' Oi n/12'.'l~ On This t4.th Day of July, 200, Washington, D.C., it gives me great pleasure to Announce that: ... _ __ Mr. Mark - - Behar of Delray a "~x' r~ Beach, ~ ~ ri ~c ~ Florida has _._, - .. been Officially ----- -,_ Nominated '~'''`~' to Receive the 200 ® "~° Congression F'= ~„~,,:,~-=~ _'_ al Order of j,.:.~- ~,;;,,,.-°w - 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 ume, efforts, and services in trying to Reform & create Tax Relief for Start-Up, Small Business, Small business Owners, and Sole Proprietors like himself, and for others, throughout the United States. Mark is a Property Owner/Investor of several Rental htto://thenationalnoliticalinsider.hlousnotcom/2(1f17/fl7/~nm-~~.,arP~~i~~ai-~~.+P~_„F..,Pr~rh Qi~nnm ____ _. o.___,-_.. -__. ____o__________________._____ _..a__~__ & Investment Properties in both Delray & Boynton Beach, Florida as well as in "The Pocono's", located in Tobyhanna, PA., and is currently trying to Update & Revise the "Landlord-Tenant Laws" in his Hometown State of Florida. 'r l;S_~, 1) u. P~.J .?~Ci C._,.. ._.51~!cK Ai $:yj r.`i o COMMENTS: Yusi a Com men± t01T7. (' v!~~EL' POSt Subscribe to: Yost Comiaients (Atom) httn•//ihenatinn~lnnlitiralincirlar hlnacnnt rnm/7M7/n7/7nM_i-nnonPOO:~..ol_~rlle.r_~f_mA.a h unnnn~ ...b.. ..~ .~ .a':_B '`SiOk C.3I1 ~.. a o v a -~ Ti a ~\\ 4 l Al N SATU RDAY,.AP RIL z8, 2ooy BLOC ARCHIV F. ~ zoos (3) • July (r) ~;- „t ~s ~.t~,~ i?r~lcr of 'i•..:'rit - Arril ~1~ - l;•~xuar~ fit) ABOUT ME PO LI"r tt:A 1. LIVSIDCI2 ~ ~~ ~:~~ ; ~i ~r~ v°. L'3 ounce their invited Members 6z Guests The Nati ona 1 Rep ubii can Con gres Sion al Co ttun itte C (NR CC) The Hou se Rep ublt can Tru st, 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•//thPnatinnalnnlitiralincirlPr hlno~nnt !`(lYlll7nn~Ilndl~Jnll•I_1lTPC1lIPnfC_/ItnnPY hYYnI u/~nnm .. ».,.....b..,.., .....,.. ~.... ,.,.,.,. ......,....~............,~.. a u~j~. ~. ~a ~. President Bush, Republican Members of the U.S. House of Representatives and the U.S. Senate at the premiere event of the year "The zoos President's Dinner, which is to be held in our Nation's Capital on June t3.th and i4.th. In addition to this year's dinner, Mark and other Honorary Chairman from throughout the United States will join special guest Karl Rove for lunch on the 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 2.- time California Gubernatorial Candidate Mary Carey. P QSTtill PS' pnl,.fTCC ~.L IP; 3IDGR AT 2.St Pbl o COMMENTS: Por a Cotmnen[ Subscribe to: Post ~ oir.:nents (Atomj hn..•//rhP..~r;.,..~1.,..cr:...,i:,,~;se~til ................../onnvnni~nn-r .,..,.,.:a.._.,.a:____>,.....t o/v~nn~ ......,.,<.....~....,.- .. cwuua~w~y .,~.. i'cutuaty GvV rage t of ~ ( "2 E~+in ~ al? !n x e SUNDAY, FEBRUARI' tS, zooy BLOC ARCHIVE ~ 2007 (3) ~ .Jule (t) ' +'~i, L. titer o;. =rt± - Aprii (t) ABOU"f NIE POLITICAL INSIDER \'IEIF R4 `1 ci>.; PL4::,rP p:d 0.'i i. `r. } "2006 S i ., c 7,~ ,~= ~,, r ~~ .Y.;; BUSINESSMAN OF `, ~.« ~;: ', ,, THE YEAR AWARD" ~ ; ~... - The National Republican Congressiona(Committee k (NRCC) announces their ~ Businessman of the Year Award Nominee & Recipientfrom the State of Florida The Nation Republican Congressional Committee (NRCC) has announced that Mark J. Behar, a young F,ntrepreneur & Small Business Owner from Delray beach, Florida was nominated and has been selected as the "zoo6 Businessman of the Year", from South Florida. This award recognizes the top U.S. Business Leaders, who have successfully integrated business and financial success with the support of republican ideas and values, as well as a pro-business &pro-family agenda. Mark was selected for this honor & award, for his steadfast support and commitment to President bush's Tax Relief & Reform Bill that is geared and tailored for and towards Small Business Owners like himself. Mark's input and recommendations on the bills and its content was very instrumental in the bills development. Congressman & Chairman of the NRCC Tom Cole said, "On behalf of The Entire House Republican Leadership, we are all looking forward to seeing Mr. Behar in person, at our Awards Ceremony and Luncheon". In attendance at this ceremony, will be Special Guest former House Speakec Newt Gingrich, who will join Mark when he receives his award at this time. The Awards Ceremony and Luncheon will be held in our >,.....tar ........:......t.._t:.:...t:_.:~-'-'--.-. ~~..,.., ,.., ,. a vaau..ua aamaua.a- •r uoauusway aim... rcua uat ~' ~.vvi 1 af'jc [, vt t Nation's Capital Washington DC on March ts.th. The "zoos Republican Business Summit" will also be held that day, as well as the "zoos NRCC March Diner" will be held that night, with Special C;uest 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. ?( [i 13Y 'G _"i~C:'', t-c ~, V:BR -~[ ~8 p:, O C.O rvi b'[ENTS pr11 2oL' % rl'viIlP Subscribe to: costs (E;tom j .Mar 08 06 01:46p SRL CHERCH 5616385724 OJ/08/D8 WED iJ: J1 FAX 58L{JJi7l CITS' CLERK DCiIUY BFi~CH ~ ~ ~ ~ CITY OF DELRAY BEACH I, BOARD MEMBER APPLICATION 7993 2007 Place tvoe of paint xhe fnllnmino :of .,.,~.:..... P•2 l 002 ~~~~~ ~~_- ~~2~ / 1. IastName: ---- c~Z-Gh~ Name ~~l-L ~ M. I. 1 Lr; s'. 2. Home Address: 5ls/ o S ]jA2CtlI C/L Ciry b~[ rxr~ State 'Lip Code 3. L.egalRtsidcncc City Sta[a ~/ 7.i.p ode 4. PriaciPal Business Address. ~~,Z / City State Zip Codc p~ ~ S~- R-rtl0e~zvS ~~JD - s~-E G 5~,~ ~1i ~o ~ /~ ~j n S 3 5. Home Phone Business Phone: F Mail Address- Cell Phone: Pax: ld~~,f ~ ~- ~ ~ 75` aoFis c ~~v_ 93~~ ~3J'-,~7 G. Arc you a registrscd vote? E.~C If so, mhest azc you registered? ~(. T~ 7. What Board(s) aze you uatuestcd is sewing? PLeasc lisr ut order of prefacncc - g. List City Boazds on aic{t you ate cute serving or havt p[cviou Iy servtet (P ease include dates) Gducanonal yuahficahoas. z't ~ ~ ~~ 10. List aoy related p[ofessional certifications and licenses which you hold. 71. Give your present, or most [cceat unployec, and position: Al u 6d Sl/~. Qpf/l+d ~y'i Q// 12. Descrihe txpraences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) I hrrcby certi.Ey that nll the above 5Ut®rnts are tmc, and I agree and tanderstaad that auy misstatement of mareriaL Carts contalne dtis a G Lion m f f i p ay cause or e ture upon my pace of any appointmen[ I may rc v Gi1AlUItY. DATF, O ifs - - -u------- -- --°~---~ ~-- -~- N. ,..~ ~-.~y ~.rcrx s vmce to[ a penotl of 2 years fzotn the dat< it mac subtniaed_ It will be dae appfirant's responsibility to <nsulc that a c1[uent application is on file. 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 Aquacutture Specialties, Inc. He has served in an executive capacity for a number of privately held and public companies including Ford Motor Company- Mr. Cherch is the President and founder bf 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 Intemalional, Inc. a public relations and promotional organization and Meter Maid, Inc., which markets a patented device devloped by Mr. Cherch for the electronics industry and is the former owner of Corporate Consultants, Inc. which specialized in developing training and motivational programs for major corporations. Mr. Cherch has been responsible for the formation. and funding of several privately held companies, whir} ho hrnurPub to the ~uhlir: as iPrT_c Ha fnunriad and was CFO of National Early Warning Systems, Inc. (N.E.W_S.BB,) which developed and manufactured patented electronic monitoring and reporting devices for the IJS; Navy, many municipalities throughout the. Uni[ed States and Europe; Nationa6 Electronics and Design, Inc., OTC, which developed and manufactured radio. devices used in the restaurant and hospitality industries. Mr. Cherch also served as an executive officer with direct control of marketing for Lancer Industries, Inc-, AMEX where he was responsible for the design and patenting of several products for and the Company and ds affiliate Universal Fiberglass Industries, Inc. [QTC] These products were the basis upon which-both companies were formed and built manufacluiing a nd 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. Mc Cherch attended Seton HaI1 University. P.01.1 :IyiRezl ~!ide~~<: Ff{{ Dql_ :~n1-73S _;. lU']J%OS .T'HU 08:03 F,}S sei2aJ3?7~':]?Y +~LERR Pt~StiL~NPf f_Irt_ 14 =YJ~iF, fjFC =4Fil9 P1 ~°~r~~0~ CITY Q~ O~LRAY @E4GH t ~. BARD MEMBER APPLtGAT10t0 ~n~' ~ea¢ Yoor el min. ~~ roneed„n Fnfisrvae~c - i. I„1 "~, .. ~t ~ ~, tee. u ~. ~®~ 4 ~_~__ V ~1./VL ~3-°0.C~R x-10.- s' - ~ ~ ~. ~ ~ Olt 73pCndC _- 4: B e itu Zip e 3. Cmt omt: ~cna- TrMfII, CdFP~c . Q ~'OU 0 SC~6fC[Ld 902 \' G. ~ ~l()~ t'~fSC CC pfi0_ ` t'0. \V ~.L~ . 7. ~D6Lt $C!!t~(1~ 9R pVY'19ctZiQ![!d lY flfV~) IS7oPC IYe }q older trE'pm{amtc ~ ... ~ .. e. r:R,n ass aoQm aw - rW .:. ~ay.e;n$ a ~ R..,;m,y.~ c?~ >:,~ar ~n~ - ~, mom: !0, Lis~.ny escibnal boos laamses 7,0 ,,, s ~.o~, . ~ r a 1~h.~b~ C'o ce-~- 11. ynla os mop ~ , fnd'praidoal 1 'bc ap®oq ur~kd~ ~ou+m one on ds4 p tea+aae) a.--A dsn raa~rmemaoa q~.md faj o[~1 'am~nod is d>rl > mfy uu¢ fafemet ~>Qon ary Ps^ °f el 4i"~ I mtT teeY3rc ~ . m~w~ m,~ ~ - .' . No¢ TMs appl3ndbn >re~tn en Sle ~7 Gaic't . nedod .e.~ ,z..,t..r;...~ ~dmilncd Ic.~ID 6e the appHaafa xapaas~ to rna~ tMt f emaa~r ayyliaann~,y,q~ 4 ~~ ~ D OCT ri 4 2005 C'r~~EY ~l-.~R~( Alice Finst 707 Place Tavant Delray Beach, 33445 Resume' Application for Neighborhood Advisory Council # 12 Describe experiences skills or knowledge which qualify you to serve on this board. Listed below are some of my civic experiences since moving to Delray Beach in 1971.. Please Hole Thal dates are approximate and may er[end several years. Memberships Homeowners' League of Chatelaine 1970's to present Chairman Architectural Control Committee, Editor, " 3'lie Chatterlines" Member Board of Directors, City Comiission observer for Homeowners League -- Progressive Residents of Delray Beach Board of Directors, SPRAB monitor Delray Beach President Council , Pride in Neighborhood Committee Mounts BotanicaLGarden League of Women Voters of South Palm Beach County since 1975, Delray Beach Good Goverpruent 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' PazkPla_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 NorthWesUSouthWest 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 rrtt r_• ~_ i_. ~~ _. :. __.____ i)ELRAt BFACH ~~~'~~ ~; Pltase typt or grin c the ~ v V ~~ ~cc- ~~1 2~3 ".~~r7~ CITY OF DELRAY BEACH ~~~3/~ ~~~~~ RECEIVE O C T 1 3 2005 BOARD MEMBER APPLICATION CITY ~~ ` ~~~ information: 1. Last.Name: 1 ~ \ _ ~ _ n~ ~ Naint~ 1 ,~ , ' ~ - L ~ --~~~ u~ I~ 2. .Flome:ddr ss: ~~~(~ {. - ~ `:: { Ctat. ~ip~ode 3- Legal Residence: rit• Srace Zip Code 4. Principal Business ;1ddr Z2S Vii! M~'2:h ss: - r~~J~ ~~Oo Cip~. ~~ `~~ Jtatn ~'(,_ .Zip Code 3~~~ 5. Hams-Phnnc .Bas ~ css 1'hoitr. 1 'j~,tZ_ 1~ •Er~-Mail :\ddrts:1, t~Ctrk~~ ~12~~SJ (.ell Pholic: , N~ Fax: G .Art you a refit.+.rered vni t? ~' ~~ lEr, where art }nu tttnsmred? ~Q.~CG ~ec~c,~ F Y VU u1[" \Whar B(l3ld ($~ A[Y Y 'fetid 111 3fNlllE;r h1'va3211>[ Ill -OldCr ph plCterCn~C ~ 8. l,.ie[ aU. t. ity Board: on whi Il poa arc eurrend~' servi[ig ar ba~-a pre~-io•isly 5<rvtd: jPlea<e vxhrJe Aacci) ~0-~~ ~ 9. F_.d~aational q~alilycadone: Q (~ ~ ~ ~ ! 10. List any relate professi ~- L.~e_ na] cerUticaci' ns and I{~c~enses which ecru kold: ~ nvw,~ l,;ts=~.s~ c.,c.~,~t L~crrSe.- - --' 11. Gimme do resent, r m. Cl sc recent employer, and positi~ G ~ hC1r~ - .St tie.S ~ eJ~y ~...,2a..~ 1'. J~esclibe espe ricnccx, skill. 1- t~ nr knosvledse whic~hyua6\f~' you n) sut'ro ~ this board: lease aaach a brief resume) tN~ Ct f [71 C~O C ~ - >~ I hereby cru fy that all nc~ abo mnta d io application m a state+nents arc trot, and I afire. and understand char any missrattment of material facts ' cause foefeihirt upon my part of any appoiltrmmt I may rteeive. __ ~c_~~er ~ 2,1-0°~ 1 Gn;,\. TtE D.AI~ Note: Ibis appbca uon ..nil -twain on flle to US< Lt ry-t_terl:-s t. eruct uir a penaxl of . yc'aro uvn• L•~•..,:,~.. •. -~~ submirtzd_ 1 r .will be he applicant s responsibrliry [n Insure that a arcrcnt app6caUOn is on fi}e. $fl?irl FRY.~9p1FDMrrLMnnM+ s. HANSFORD N. HIGGINBOTHAM 920 DELRAY BEACH, FL (561) 499-8331 CORPORATE FINANCE &.INVESTMENT MANAGEMENT'EXECUTIVE 1990.Present Independent consultant to private and public companies, advising on matters including capital structure, debt and equity financing, management dynamics, mergers and acquisitions, strategic planning and marketing., Record of achievement introdwcing new concepts and services to clients,. turning money-losers into money-makers and capital creation.approximating $70 million. Concurrently Have held contractual relationships with NASD/NYSE member firms-for providing securities"brokerage and financial planning services for my individual and business investment clients. Member firms include Old Dominion Securities, Questaz Capital, Round HiI1 Securities, Northeast Securities and J.W. Genesis Client assets under managemenlhave exceeded $36 million. ACTRADE CAPTT'AL, INC. Regional Manager 2000.2001 Responsible for management and sales growth ofthis 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 decision to consolidate its operations and close this office. PIONEER PRODUCTS 1988-1990 Marketing lkIanager Assumed mazketing and P & L responsibility for the 150+ consumer and institutional products of this General Mills manufachrrer. Credited with the creation and introduo- 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 proSt guidelines. EXECUNET COMPANIES 19841988 Partner/General Manager Created and developed unique enterprises providing consumer and business services through these successful companies: Eaecunet, Home Oftice and Memorybanc Inventory. II.4NSFO12D.N. IHGGINBOTHAM, page 2 DEL MONTE/i2.J. REYNOLDS FOODS 1980.1984 Region Managerand Division Manager ultimatelyresponsible for $50 million in annual sales of a 500+ item product line through direct. and food booker sales forces. Wrote and implemented operating budgets which included personnel, operations, local advertising and marketing, trade shows-and trade promotion- Managed the regional merger of RJR Foods with Del Monte, & GAMBLE 1973-1980 ,r ue....m_ sales and brands. Develope Clemson and Furman. vtahve and Umt Manager m the food products division. $15 million through direct representatives and account as my district's Top Unit Manager in ].977 and 1979_ ang the company's top managers in introducing new items successful college recruiting programs at South Carolina, MERRII.L LYNCH, PIERCE, FENNER & SMITH 1970.1973 Account Eaecirtive Sold: investment securities including equities, fixed income, options, mutual funds anri commodities. Branch office leader in opening new accounts. EDUCATION/CERTIFICATION B.A, Liberal Arts, UNIVERSTfY OF TENNESSEE, Knoxville, Tennessee Series 7, General Securities License Series 63; Uniform Securities Agent State License 09119!05 $ON 10'15 F,1d581Ed3377d ~~ >° - CJ7_ Y C[,ERS DHLtY ooz -~O o v C4~~C~ c'~ ~~~~ T CITY OF ElELRpY g;Fq~H. ~;•~~ BF3A#~D iVtEMB I V E Q ~~, ~ ~4P~LtGA7t0~ R E C E - zam • SEP. 9 ~ 2005 _Plosu _ ~e of vnt. tie follo~.3q ~~niia0_ -. r. Znrt.fYwtc 2~ 1\J C., N~~ --- ITY CLERK CF U-' ~~~~\ 0.~ Y ' Siate T.~p Cnde .R_ 1tt'un°pa1'8uainrrsA=: e Y'~.r :~~ ~~~J.. 1 ~ ~ ~ .5 'lYnma-Pl~snc. $twiaecr 1'6ouc ' 1~ l R~ N f~ Stn, (n3~- ~ `! b ~ ~_ -~aa: I cam, ~t~~~ ._ FCC 6 nxeyF,u•rr~~<eivd,,.c~,c~~' . c~ v~en~~E?~Jel {~iu.nc''S(rl _ ~ l f_ ~ DSO cv5cc~anc -, ~7- ~tBoocdts)aLCyauintas~.. - Y;Ct,..~-~ _ k1'- --~ rj ,c.L~. ~5~c In se[sMuB~Pl+wabCt~in cmdQ~oEpa~tirirr''j ~. fC{a .-ice - l:.J("bl Vt~ -(I ., ~.,M c tt C.~> 6 --~(Z~'_~ ~e .L-_'tC~.., v i ~ ` . " 8- tiu an t<ity ~A{ra9 ~c ~1„~ -.~, ~ ? rn ( -• ~ ;J Ina 0 ~ e~ ~r~ -"uti C.n,~,~ c, C.i,n T'i :7V~ tom' ~ . o ~ c ~ - 1' Shxvc ~r`mivusTg sa~.ed: (Flow iad:~ - )~ -~ ~,. - '~P-~~riwt~s snd. Jji~i~ ab;{~ pov heStl - Z7. Cm° ~,_~~; of iussst irreut . x~l.,t~-~ is . -~ F -~;a-t ~~~ ~~ ~ ~ f 'e ~ ve.~~ lt'- ..Dncn7w -[_~ ref ; rZ(# L` - ~~wn J ~"ain t) IAhh IAA f v c~ ~ l~ . .t7mta11. 1 L`~t,.cp,-1~~.( rv, ~ Cfr~~¢,u-cif' , -~,-g n. "abv,rsia ~ - ~'1i'`~i .. Y~L%" ~ ltirLiP ~.~ZiiL'u9p~onn. - - ~.-~td.La~.cec~ndurati~c 3 ~0~~- t W~ LL~c)C ~y.(v.,. Y}S.~MC - ~~ ~5'~vca foifcamtr;~~YP~T o f ~rL1O9~~trmtnt•ef mat m // 'QY"a(~'(~a~enclauq"receive f \ ~ ~ ~~ ~Foc~..Th3 cet~on~[ ba6mixztd "It evdl bt~~ on-6]c[n the C woe fos a "~Y"'.`~a~L'S a~gpr~~,-,~,~~ n++•~•a. ~ eRZS~riom t~cd&tt~tT ~vir . ~` :J sRf/i~L'"Ebff: a:QSffnr~TlCAaJR'i_s"3g hjC, . - - - - ~AalnrtpNttyR~~ 200f-0l-3709[Sl Sti16386223» J612433l14 - CITY OF DELRAY BEACH ~ `~'`~e BOARD MEMBER APPL~~°~~ ~~ssj~(, JAL ~ ~ 2001 ~~ _. 1. Last 2. 3. Legal 5. H xne phony ~~~3y3s. 6. Date'of Butte G/~~ (~' >,t thr Eouny+ia iafoxlnatio ~. 4 / ~ccn~ ~v~f/~--^-~ Business phone 7. Arcyou a xcgistcced ~t ?. list ap Gty Boards on tl. L -~~,~_ Name / iJ/t/ city ~~ •,~ ~F4 S City Stacc Scace zK -MI ~.3'1` a~J lip Gode zip Codr Address: Cd1 Phonr, Fax; I[.so, sahexeaze you xegistexcd? tea{uad in ewtn~Plesse list m order of prcfrrw~i. ~- ~r,.c Not, ~f.J ~~s~'~c~Ii-,/CiL uch you axccZ~sendy sernng or ha/ve premovsly served: (plosc include darts} aad licroses which you I2. Give oux ppxc~cnt, oc most xecrnt employes, and 13. Docribo mc~ori¢x~, eh~lo es ltnoarledbo ~yhioh gcelii ~tY~E ~~ eee rJr`,v%S fk'~i-i7~..,,.. qou ee scn-e ..a tltts baa:dt (~les_;e e:uaL ~ ;,.:te(', J hereby eectify tha[ all the a ova stacenents ace t[uc, and I apfec end undesland drat ao atiss[atemen[ of material Facts e ~.~ ed in tfiis application may cause foxfanue neon my pees of any appotn cnc 1 y xtceiv~ /( //~,aq Nn7URE ~ ~~//" bnZF t~~..- -n.:. +rpli _etion ..;tt <~:r ~„ sty ;n v,~ ~t7 cl~•~ otlice r~x a ~icdoa of a submitted. Ix will be rbc s licwt~s ~, ~ Y~ uom the date It was ! PP xes nsibt7i to casure that a cnxr~o. ~....t:~_.: __ :_ ~. 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 lives. While the transition was not easy since family still resides up North, we found ourselves welcomed into a city that is a microcosm of what we think America should be - a blend, of peoples of 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 holds-can be daunting especially in protecting the assets thatmake Delray Beach 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 no experiencesitting on advisory boards. to a city, 3 feel compelled to offer what I can, to assisting the city that we now call home in someway. I am a well educated woman and spend mostaf 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 o€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 MA~ 2 5 ZOOS iia t- ueettoad ~~~-~--~~~~~ Home: (561).638.3517 Delray Beach, FL 33445 Fax: (561) 638-6223 L_AREER "SUMMARY A healthcare, business management consultant with extensive experience in the public and private sector. Areas of expertise include: - Mergers and Acquisitions - Corporate Finance - Forensic Accounting - Business Integration - Financial Analysis and Modeling - Process Improvement - Due Diligence Cash Management - Business Development Ability to improve efficiency through systems enhancement and re-design as welt as through selection, installation and maintenance of operational and financial computer systems- Ability to menage multi- functional projects- Self-motivator v~ith exceptional interpersonal and communication skills. SELECTED ACCOMPLISHMEKFS Financial and Ooerational Business Consuttina Created and implemented a comprehensive res[ructuringof all purchasing and accounts payable.. functions and systems fora $250M healthcare client [o achieve projected savings in excess of $1M in first year, reduceprocessing backlogs from 90 days to 3-5 daysF reduce payment backlog from 120 days Yo 30-45 days, and provide on-line reporting to brahch locations- • Created financial models in EXCEL for cash basis $16M service client to convert cash financial statements to GAAP financial statements. for timely reporting [o publidyheld parent company • Created a customer usage modebthaCanalyzed 10 years of data fora $20M service client- s Provided all operational and financial business. integration for 12 practice acquisitions fora $SOM healthcare client including ystems cohversions. • Assisted dientr in the identification of and evaluation of potentiatacquisition candidates including preparation of financial and oper@tional due diligence. • Assisted two healthcare clieritsin successful IPO's (in excess of $100M) by providing financial consulting including audit management, pro forma compilations and prospectus disclosure. • Created financial projection models (or a $259M healthcare client'contemplating an.IPO. • Prepared business. plans and assisted clients in accessing investment funds- Industries include pharmaceutical, retail, healthcare and e-commerce (internet web-based business). • Installed a customer service call center for a healthcare client that included the use of help desk software to manage staff's ability to assist customers- • Wrote policies and procedures manuals and practice orientation manuals that covered all company functions fora $SOM healthcare client. • Created a medical record audit program that used a team of clinical and financial professionals to review a hospitals billing and medical record compliance to Medicare regulations. • Wrote business plan and assisted in securing. the initial $2.OM investment for an e-commerce business- Provided operational and financial consulting while acting as CFO during the product development phase. Tactical Finance and Accountin • Prepared financial statementr and financial packages for Board of Directors and Senior Management in a $t00M healthcare company- Coordinated alt financial information to prepare for annual audits. • Performed all Controllership functions including monitoring of accountr payable and payroll processing and. approved all cash disbursements and bonus calculations. Reconciled accounts receivable and monitored. reserve provisions. Coordinated and reconciled physical inventories. Oversaw operations of accounts payable, accounts receivable, purchasing, payroll 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 to provide. details. of monthly balance sheet activity. • Consolidated two $25M regions vri[hin 90 days without interruption to finandal reporting, cash disbursement and payroll Consolidated multi-state banking arrangements into several major geographic bank hubs increasing cash investments in REPOS, reducing .bank fees and establishing strong bank relationships increasing service to field operations. • Monitored multi-branch operating expenses and recommended reduction and cost savings measures 4o 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. ManatiemenClnformation Systems • Selected hardware,. customized softwareby designing inputscreens and reports, and implemented amaudit trait to convert an outsourced accounting process to and in-house system which resulted in a departmental savings.and more timely and accurately reporting. Utilized database management and mining programs to identify and monitor key business drivers and created daily real-time reporting to operators, which assisted in day-to-day decision-making. , • Upgraded the accounting system to resolve an accounts payable backlog-that reduced aging of open invoices from ZS to 30 days. Converted regionaf office from asingle-user system to a Novell network to facilitate accounting processes, provided more timely information-to field management and accommodate business .growth. Implemented an integrated payroll. system utilizing ADP products to create labor analysis reports for ffeld operators, which. provided employees with real time compensation and benefit information. • Selected Co chair the finance team of the AAIS3trategic Planning Committee of a publicly traded healthcare company. Established definitions and requirements for amulti-million dollar systems conversion. PROFESSIONAL HfSTORY INDEPENDENT HEALTHCARE CONSULTANT, Delray Beach, FL 1994 -Present NOVACARE ORTHOTICS & PROSTHETICS FAST, INC., King of Prussia, PA 1990 - 1994 Controller Responsible for all financial reporting in a $110 M division of this publicly traded healthcare company vrith 55 branch 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 brokerage/commodities. EDUCATION AND PROFESSIONAL ORGANIZATIONS Penn State University -MBA (1999)- Finance St. John's University B.S. Accounting (1980) HFMA Member -Healthcare Financial Management Association, Florida Chapter Volunteer -Membership Committee, Professional Development Committee 1171 ti1.C1:L_ ~, tF, ".__ N~ i 1¢~OUJ ~1Y swot i -- ~~ ~EGEIVED G1Ty OF DELRAY g~cEi - ~~ ~ ..~43A~ @Vi~~t'dIBiER AP~ILyO OCT t ~ 2005 . AVON _ use a of cut the Poll ~ - ~ - ~ ~/ ~/„ / - 1. I~stlJamC - iofxcrostwn:. 3, ss~ n,.e~~w i s_ p~p~s~~ Aar. ~1~ $. I~omc Phoaoc Bn~cas ~'Li C~ 3~-~~b S. Ace you a iegjstrrrd ~ ~w-~ 9 t_s ~~~ ~ ~ ~J~r~.t, ~_ you arc ~acac2y ~~ --r-------~-~- g- R.~.•,., qua ~brn~ ' ~~~ 'Q ~~ lR Iastnayrrl,*,.,aprofcaie . c:."t35utians m.3~i:tu _ ~ _ ~~~ it, Givcyo~Ey~epyotmoa'( ~ LP-Qnt Y~ and pc U~ S, ~~"v~; u_ 5 S -C. ur :a ~ ~ t <'~tnmedln ~~~ue str~xAzaa~ f sulamitied_ Ir ,~ uto s¢ Nl ,4 CrII Pbrioe: 5~~-~-~ =~ e~:L`Ps~``n~a~: s~,~ -- r~ l ~- N f ~4`~ - Fir ~_~ ~1S Ci~~Z,_.~tit+~ med (Rose iadadc daz¢) v,~u~-t,; E. ~Itasc atGGch a leaf{ L~su~ne~ i YQZ-~z ~ y^ e ~. ~ h-~tl~c~i ~t It «~, and I ngtec and~dccs~nd dnt 9°y~isshtrinent of matrffi( fpctr >rt upon ~ n:~ eF~ ~ v ~ Dh~~{~ ~ V ~ ~~ l n tt~t3ty (dr.us ~~tee foL z pe6od of 2 YmtK lmm the daac it e~tvn ~. ~ Bi11 Milner 3400 Place Valencay Delray Beach, FL 33445 561-637-8896- - .Professional History 2001-Present. US Census Bureau-.Field Representative ..1.999-Present Pre-Paid Legal Services, Inc. -Independent Associate 799fi-1999 - Mustapha's Wadi Catering Services- Co-Owner Education B.A. Interdisciplinary Social Sciences; USF, Tampa, FL 1 can make a meaningful 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 • 1 know what makes a community attractive to outsiders and we-coming-and comfortablefor its residents - }=EE: rC-.:iin" 1_:.-~.~i A,i, EI~I!nFI~: ~ Snlt" 1 `_:r.l -'.'=a^-ly" F'.ts.n.~. ' DELRAY BEACH - ~~ . EG~IVED I CI'T'Y OF DEi,.RAY BEACH ~ FEB Q ? '.007 `'~® BOARD MEMBER APPL ICATION ERK ,993 CITY CL zoo, Please c or tint the follo.,,in info®ariob ~e~~ ~ ~ 7. Luc Name ~'f ~/ Q ' NTO S Name M Z 2. HamcAddress_ l/a- i'-- `{ ~ ~~~SON W Crn' Sc~ie 3. Legg( Residence 4EL(LF}`/ BL`~~f ZtP Codc City Ft_ ~3Y4s Sere. Zip Code 4• Pmapa] Busiaus Addzesr' Gry Sate Z%p Codc 5. Home Phone Busiuus Phone: E-Mail./lddiess: Cd1 Phone 5(g { - .1 SIP ~ Fa_r. 5lr / G. Dare of Birth '`'~~ ~jC{-~nfAS~°~ Cd .ds.cn.rr Slly 7~y 7. Are you a repiscered s•oret? d~'7t/9 7 f so, .here art you registered? g - 5-8J es 8. \X/harBoari)(s)ue you inccresrcd in se- a ~Q'm `~~ Cp. tying,,Plisse Gsc in order oFPtcFaerrcc ~d +tQ 9{Q~n4 ~Z9ni~l. , rUCi hbOrhBOd _ ~ - Lisr all City Boaz on which you arc cutrcnd sr t sl ~L° p{Q%l.. ~~e/i C[,lJ Y +ving. or have puviously served (Pleavc include darts) ,r« ~.~~ ry- - 11. List any cchted professional eera6earions and licenses which you hdd: S ryes 7 +- te. -life NeQr>Lh w vali . 12. Give your piesedS qr most recent employer, aad Posirion: Q~71 f ~~~ ~P' ~-C-,- Frdwat-d5 ~ sans[ Zn~ ~'~~Gal 13. Describe czpeumces, drills or knowled~ which 9c'~fy yop m serve on this ~/S~ ~Qn t boanl (PIGUC attach a bucf resume) See re m~ af¢-cachecl - I hcfeby cetri[y that ~( rho above statements arc m'S and I ao ee and undcatand that - eonained in this application may cr.,sc forfcimre u n y ~ ~missacement of tttar2tial fac,; ~. ^^ P° my Parr of a° a ointtnentlm cccnvG ~,,J~~,~ slcNntaxi - -D `7 -r~a~'~!s~~- DalE - - =This app-ica rion will rcrn:rin on file in the Gty Clerk's Office for a Period of 2-years from the dace is wu subtniacd IC uil1 be dre applictnCs rtsponsihility co ensure that a ctrucnr apPlicaaon is on file Ott'-u;-_iv?. 1_~_a~- is r_,' EIdJAF,U~ `, 9_1~t5 c- -- February 7, 2007 Dear City Commissioner(s), It is my pleasure to seek membership into one of the following advisory boards: Education, Planning & "Loring, Neighborhood. and Site Plan & Review. As a resident of Delray Beach for the past three years, I have.decded 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 communities where 1 five because I feel that iI is crucial to take an active role and believe in the improvement of such places. I know that I will be an integral par[ of any of the advisory boards for wltich I may be selected. Sonae of m past experiences of leadership include serving as President of the Student Advisory Board at Cntlf CoasrCommunity College in Panama. Gity, Florida.. in. this position, i oversaw a group of 25 students indeveloping,. coordinating & implementuig activities for the college. Together, we fostered an environment for students to ake active participafion within our college: Not only did we .promote: student development and involvement; we served ouYcommunity through volunteering: I am a participant in Lead'ership:Delray and-volunteer to assist the Education Foundation Committee inplanning the Annual Education Foundation Auction. This is just an introduction to playing an active role in my community.. I wish to further this by serving as a member of an advisory board. It takes initiators, such as me, to help organizations succeed which T plan to do for the City of Delray_ Ihave served on various boards throughout my educational years and comprehend the importance of dedication required ofinembers. I now plan o include this aspect into my personal K_ professional -life and ask that you consider me for a member of the Advisory Boards. Cordially, Kia Santos y FEES ~~-fir' 1?: n t, r ELdJF,F,•Ir~ k ~iqC_; 1 Sr1.2`-1 ^Ja-; - F'S~-l.ru Ria Santos 4636 Danson Way Delray Beach, FL 33445 Tel: 56]_516.0788 WORK EXPERJ'ENCE Email:. riasantos@aeedwards.com A.G. Edwazds & Sons, Inc November'03 -Present Boynton Beach, FL Re~isterert Financial Associnte Financial Consultant ~- .Assist individualsindeveloping::retirement/investment strategies ~- Work with businesses in implementing Retirement Plans + Assess clients'investmentneeds and goals M Conduct educational workshops . ~- Service clients' specific issues relating to their portfolio _AeoNCorporation Nagano, Japan. Foreign English ] encher August '02 -September '03 + Teach conversational English to students, business professionals and housewives ~+ Prepared/developed lessons unique to various levels + Worked with Japanese Teachers. to develop curriculum +, Helped students progress with the English language ACHIEVEMENTS Fj ORGANIZATIONS ~ Cum Laude ~ Delray Beach Chamber of +b Student Leader of the Year Commerce <6 President -Student Activities Boazd ~ Leadership Delray partidpant ~ Senior Class President ~ Phi Theta Kappa ~ Volunteer UCF ~ Rotary International, Delray Sunrise ~ Habitat For Humanity ~ Women For Excellence ~ Catholic Counsel of Women ~ Florida Women s Business Center Advisory. Board MEMORANDUM TO: Mayor and City Commissioners FROM: City Manager DATE: November 28, 2007 SUBJECT: A~NDA_ITEM IO.A_ REGULAR COMMISSI N MEETING OF DECEMBER I 12007 ORDINANCE NO.46-07 -REZONING FOR MIDTOWN D.EL_RAY. ASSOCIATED WAIVER REOUESTS~AND SITE PLAN APPEAL ITEM BEFORE COMMISSION This ordinance is before Commission for second reading and second public hearing for consideration of a rezoning request to allow a modification of the Blood's Grove 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 Boulevazd and Old Germantown Road (4600 Linton Boulevazd). Also before the Commission aze 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 azchitectural 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. Due to the postponement of the December 4 meeting, both of these items will be considered during the Public Hearing portion of the December 11 Commssion meeting. Commission discretion regazding second reading for Ordinance No. 46-07, the two associated waivers, and the appeal of SPRAB's approval. Smith, Douglas From: Dorling, Paul Sent: Friday, December 07, 2007 8:50 AM To: Smith, Douglas Subject: RE: Midtown Delray Doug, An exit onto Linton Boulevard is not supported by the County Traffic Division, Planning Department or Engineering Department given the potential impacts of west bound traffic attempting to cross three lanes to make the U turn at the median opening at Germantown Road. This would be akin to the traffic mess we have at the Boys Market on Military Trail. The safest west bound Linton movement would be via the Germantown/ Linton intersection. With respect to the connection between the Commercial and Residential piece this connection has been provided at the request of Planning and Engineering staff to provide alternative egress options during the Yz hour AM peaks associated with the School as well as alternative ingress/egress point should the park access road become blocked. Paul Dorling, AICP Director of Planning and Zoning City Of Delray Beach 100 N.W. 1st. Avenue Delray Beach, Florida 33444 561-243-7040 dorlnyp~_ci.delray-beach.fl. us From: Smith, Douglas Sent: Friday, December 07, 2007 8:22 AM To: Dorling, Paul Subject: FW: Midtown Delray FYI Doug Smith Assistant City Manager City of Delray Beach 100 NW 151 Avenue Delray Beach. FL 33444 Phone: (561)243-7144 Fax: (561)243-7199 Email: smithd@ci.delray-beach.fl,us From: Harden, David Sent: Thursday, December 06, 2007 3:19 PM To: Smith, Douglas Subject: FW: Midtown Delray For agenda backup. From: Schroeder, Larry Sent: Thursday, December 06, 2007 3:06 PM To: Commissioners, Mayor and City Manager Subject: Midtown Delray I have had the plans reviewed by CSO Glass, who works out there everyday, and Off. Jacobson, an experienced 12/7/2007 traffic officer and we would make the following recommendations Currently they are showing an entrance only off of Linton into the commercial piece, we would recommend that an exit be included also. Reason, exiting onto the access road is challenging, especially during school opening and closing. If some of that traffic could be diverted out via Linton it would reduce this problem. We recommend that there should be no access between the commercial piece and the residential piece. Reason, if that connection remains many residents will attempt to leave the area via the north exit at Germantown. Traffic would be backed up and even if an officer is assigned to direct traffic, there is stacking space for only 6 cars between the exit and Linton which will cause a backup onto Linton which is dangerous. If the residents leave through the south exit there is a large stacking area so there should not be any blockages beyond the access road. It looks as though they have moved the north entrance/exit a little north of where it is currently and thus it is misaligned with Germantown and we would recommend that this entrance remain aligned with Germantown. Reason, Germantown is three laned at the intersection, left tum, straight, and right tum lanes. If the drivers continuing straight must take a jog they could encroach into the right tum lane potentially causing crashes. Last recommendation, keep the Palm Tran bus stop where it is, which is on Germantown just east of the access road. It appears to us by the drawings that it is being moved to the access road just north of Germantown. Reason, when the bus stops to pick up or drop off the road is substantially blocked and yet cars will continue to pass it and this presents a dangerous situation with the volume of vehicles exiting the school and development via the access road. Its current location works well without causing congestion. If anyone has any questions please let me know. JLS Chief tarry Schroeder Delray Beach Police Department 300 West Atlantic Avenue Delray Beach FL 33444 561-243-7851 Schroeder@ci.delray-beach,fl. us 12/7/2007 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS ~I ,,/ FROM: CANDI N. JEFFERSON, SENIOR PLANNER ~%~"~'~/~° PAUL DORLING, AICP, DIRECTOR PL~ANMNING AND ZONING _~t ~~ ~~ THROUGH: CITY MANAGER ~-~5~5'}u,1+ l.i ~~~ ~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 776 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 Groves for Midtown Delray 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 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". RECOMMENDATION By Separate Motions: Rezoning Move approval of the SAD Ordinance 46-07 which amends Blood's Grove Ordinance 51-95 for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and does meet the criteria set forth in LDR Sections 2.4.5(D)(5), 3.1.1 and 4.7 (Workforce Housing) of the Land Development Regulations. Waiver #1 Move approval of the request for waiver to LDR Section 6.1.2(C)(3)(a) to reduce the minimum pavement width of the interior roadway from 24 feet to 20 feet, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.7(8)(5) of the Land Development Regulations. Waiver #2 Move approval of the request for waiver to LDR Section 6.1.3 (D)(1)(b) to provide a sidewalk on one side of the street instead of the required sidewalks on both side of the street internal to the project, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.7(8)(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 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: 1. 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 7 City Commission Documentation, Meeting of December 4, 2007 SAD Rezoning of Bloods Hammock Groves for Midtown Delrav 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 to LDR Section LDR Section 6.1.3 (D)(1)(b), where it is clear that the sidewalk system will not serve its intended purpose, the requirement for sidewalks on both sides of a street may be reduced to installation of a sidewalk along only one side of the street, during the site plan or plat process, as appropriate. Pursuant to LDR Section 6.1.3 (D)(1)(b), where it is clear that the sidewalk system will not serve its intended purpose, the requirement for sidewalks on both sides of the street may be reduced to installation of a sidewalk only along one side of the street. The primary purpose of sidewalks is to provide a safe place for pedestrian to travel. Generally, sidewalks are required along both sides of all streets. However, due to the very limited width and pronounced depth of the site some design limitations are present in the proposed development. The width of the site provides a limited area to: a) place the buildings on the site; b) to accommodate the interior street; c) to provide a 5' wide sidewalk on both side of the street; d) to comply with the setbacks required; and e) not to disturb the existing woodland area. The applicant has provided the following justification statement regarding the waiver request "This waiver will not adversely affect the neighboring area, significantly diminish the provision of public facilities, create an unsafe situation and/or result in the grant of a special privilege to our client. The requirements of this LDR section are not feasible and would constitute a hardship. Pursuant to LDR Section 6.1.3(D)(1)(b), awaiver to have a sidewalk on only one side of the street is appropriate in certain instances, such as this. In fact, LDR Section 6.1.3(A) merely states that "generally sidewalks are required to be on both sides of the street". Since the internal sidewalk connects to the park access road via a crosswalk and small sidewalk, there will be connectivity to the park. Similar circumstances on other properties would lead to the same conclusion and in fact, similar waivers have been granted. Consequently, a positive finding with respect to LDR Section 2.4.7(8)(5) Waiver Findings, can be made." The proposed development has been designed with a looped interior street; various traffic calming devices consisting of raised crosswalks, one of them adjacent to the recreation area and at different locations along the interior street have been provided. Therefore, to provide a 5' wide sidewalk on one side of the street should not impact the safety of pedestrian travel. Similar waivers have been previously granted for other townhouse projects in the City such as Gramercy Square (148 townhouse units), and Highland Grove Estates (14 townhouse units). Granting the requested waiver will not create an unsafe situation, diminish the provision of public facilities, or adversely affect the neighboring area. Therefore, positive findings with respect to LDR Section 2.4.7(8) (5) can be made. ORDINANCE NO. 46-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, AMENDING SECTION 4.4.25(G), "S.A.Ds," TO ADD SUBSECTION (9) MIDTOWN DELRAY TO THE LIST OF APPROVED S.A.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 ACTNTI'IES DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTNE DATE. WHEREAS, Midtown Delray, LLC is the fee simple owner of the pazcel of land as more particulazly 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. l 0• ~( Section 3. That Sections 4, 5, 6 and 7 of Ordinance 51-95 aze 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 comer of the Plat of Foxe Chase, as recorded in Plat Book 38, Pages 1 and 2, of the Public Records of Palm Beach County, Florida, thence South Ol°30'15" East, along the West line of said Plat of Foxe Chase, a distance of 707.79 feet; thence South 88°29'45" West, a distance of 600.00 feet; to a point on a line 600.00 feet West of and pazallel to the West line of said Plat of Foxe Chase said point also being the point of beginning; thence South O1°30'15" East, along said parallel line, a distance of 74.40 feet; thence South 88°29'45" West a distance of 22.30 feet to a point on a curve concave to the Southeast, with a central angle of 36°51'34" and a radius of 150.00 feet; thence Southwest, along the 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 azc of said curve, a distance of 239.28 feet; thence North Ol°18'39" West a distance of 248.80 feet to a point on a curve concave to the East with a central angle of 12°52'11" and a radius of 220.00 feet; thence North along the arc of said curve, a distance of 49.42 feet; thence North 11°33'32" East a distance of 206.78 feet; to a point of curve concave to the West with a central angle of 12°52' 11" and a radius of 300.00 feet; thence along the arc of said curve, a distance of 67.39 feet; thence North Ol°18'39" West a distance of 152.80 feet to a point on the South right-of- way line of Linton Boulevazd; thence North 88°41'21" East along the said South right-of--way line of Linton Boulevazd, 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 Gennantown Road, a distance of 46.93 feet; thence South Ol°30'15" East a distance of 407.76 feet; thence south 43°29'45" West a distance of 196.15 feet; to a point of curve concave to the Southeast with a central angle 45°00'00" and a radius of 380.00 feet; thence Southwest and South, along the 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 Ol°30'15" East along said pazallel line, a distance of 116.72 feet to the point of beginning. Containing 429,555 square feet (9.861 acres) of land, more or less. lion 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, 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 separate order, which as approved or denied, shall be deemed to be an exhibit hereto and incorporated as if fully set forth herein. 1. LDR Section 6.1.2 (C)(3xa) 2. LDR Section 6.1.3 (Dxl)(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), (9) Midtown Delray. Ordinance No. 46-07. Section I1. 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 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 13. That this ordinance shall become effective immediately upon its passage on the second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2007. ATTEST MAYOR City Clerk First Reading Second Reading 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 11, 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 Gear 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(8)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affeG 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(8)(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 vehiGes within street access tracts? Yes No Would the waiver of SeGion 6.1.3 (D)(1)(b) comply with the requirements of Section 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 6.1.2 (C)(3)(a) (reduce the paving width from 24 to 20 ff) _ 6.1.3 (D)(1)(b) (sidewalk consVuction on just one side of sVeet) _ 6. Based on the entire record before it, the City Commission hereby adopts this Order this 11"' day of December, 2007, by a vote of _ in favor and _ opposed. ATTEST: Rita Ellis, Mayor Chevelle Nubin, City Clerk N MIDTOWN DELRAY -~ 4600 LINTON BOULEVARD CITY OF DELRAY BEACH, FL SUBJECT PROPERTY LOCATION MAP PLANNING t ZONING DEPARTMENT -- 0/C/TAL RISE MAP SYSIFM -- MM REF: W1008 N MIDTOWN VILLAGE -'~- 4600 LINTON BOULEVARD aTr GF o¢n~r eERCN. n ~sue~ecTPaoPEarv EXISTING ZONING MAP PIANNMJG k ZGNING DEPMTMENT __ uwruu eux .wr sniew __ MPP REF: LAII GOBB ~t ~d a~!srl~ as ~,<~j ~ ~ I ~ I _~_ i \ I ~rYI • I la -~ 1 ,~ ~ ~ F ~ -~ `~~~, i` `` ~ i .~ ~I1 ~ •~~ ~~ ~ ~~ I Ei : I :I d .. .~ Si •) +!! III ;; ~ :: :::: •~ . f lil i°s ~.... 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'.,. ~~ € ~ 6 ~ a g a . ~©~ o z E~ .. ~ ® °~ SIMMONS~ 'WHITE ENGINEERING I PLANNING I CONS U1rING SINCE 1982 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 subject pazcel is located on the south side of Linton Boulevard just east of Military Trail in Palm Beach County, Florida and contains approximately 9.56 acres. The Property Control Numbers for the subject pazcel aze 12-42-46-25-00-000-3010 and 12-42-46-25-00-000-3020. Proposed development of the unimproved parcel consists of 29,571 S.F. of medical office area and t 16 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 Boulevazd. 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 regazd to traffic performance. Simmons & White, Inc. 5601 Corporate Way Suite 200 West Palm Beach Florida 33407 T: 561.478.7848 F: 561.478.3736 www.simmonsandwhite.com 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 (CONTINIJEDI 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 Otder unless it can be shown to satisfy the requirements of Parts One and Two of Test 1. Part One - Intersections, requires the analysis of maj or intersections, within or beyond a project'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 Yeaz Analysis, relates to the evaluation 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 Program in effect at the time oftrafFic analysis submittal. The existing roadway network as well as both the State and Palm Beach County Five Year 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 compazed 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 traflic 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 Schedute 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 ofthe 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 (CONTINiJED) 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 are greater than five percent of the LOS "E" of the link affected on a peak hourtwo-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 furnished 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 year 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 link 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 % azeawide growth rate applied for the appropriate number ofyears 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 area. The distributed traffic for the retail area 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. $ased on the projected 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 of ten 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 Boulevard at Homewood Boulevard 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 turning 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-0660 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 (CONTINiJED) CRITICAL SLIM CRITICAL SLJM 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 Staffthe following stop controlled intersections were analyzed: NORTH APPROACH NORTHAPPROACH INTERSECTION A.M. LOS (DELAY) P.M. LOS (DELAY) Germantown Rd at Homewood Blvd C (23.4 seconds) C (15.1 seconds) OVERALL OVERALL INTERSECTION A.M.LOS P.M.LOS Pazk Access Rd at Old Germantown Rd A A FIVE YEAR ANALYSIS Test 2, or the Five Year Analysis, relates to the evaluation ofproject 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 turning 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 (CONTINUED) 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 ttte 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 * CONSULTAMS LINTON BOULEVARD w Z D U O 27 (29) --7 ~ 27 (30) 25 (38) I 46 _ ~2) i9) (D) LEGEND TURNING MOVEMENT WORKSHEET - 12 (5) 15 AM PEAK HOUR TURNING MOVEMENT MIDTOWN DELRAY (15) PM PEAK HOUR TURNING MOVEMENT 05-66B C.C. 01-15-07 REVISED 05-30-07 155 ADT DRNEWAY VOLUME REVISED 06-04-07 REVISED 10-22-07 5601 CORPORATE WAY, SUffE 200, WEST PALM BEACH, FLORIDA 33407 TELEPHONE-(561) 478-7848 r 26 (39} ERMANTOWN 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 , conjunction with a new mixed-use development known as Midtown Deli containing 116 townhouse units (of which 32 units are subject to the fan workforce housing ordinance) and 29,571 square feet of medical offices. GENERAL DATA: Owner/Applicant ........... ............ Midtown Delray, LLC Location .......................... ............ southwest comer of Linton Boulevard and Old Germantown Road t Property Size .................. ............ 9.861 acres Existing FLUM ................. .......... TRN (Transitional) Proposed FLUM .............. ........... No Change Current Zoning ................ ............ SAD (Special Activities District) - Bloods Grove Proposed Zoning ............. ........... SAD (Special Activities District) - Midtown Delray ~,",o. Adjacent Zoning .............. e ou ~cve"o ..North: RL (Multiple Family Residential -Low ~ °° ~, ~~ , Density) "`~ 4 East: OSR (Open Space Reserve) S th Q ou : 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 i - - >=r>= fir} s s~~;~~~~.~r.~ s~l~a~r~~D 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). ((}}'-(~' lq~ j~ ~C _. W 2 i P ~54'i ~~ p ~Fa~ ~~ 1~ :F`~~ ~w.~ ~' ~i_:1'.3 t 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 intensiiy commercal 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 ~rombined uses is not to exceed 65,000 sq. ft. On September 5, 1995, the Ciiy Commission approved the annexation and initial zoning of PRD-5 (Planned Residential Development), RM-8 (Residential Medium Density, 8 du/ac), OS (Open Space), and SAD (Special Activities District) for Bloods Hammock Groves (first reading). On September 19, 1995, the City Commission approved in second reading Ordinance 51-95 which established the initial zoning classification for that parcel of land known as Blood's Grove Orchard. Development of all but the SAD portion (9.861 acres) has occurred. Pursuant to LDR Section 2.4.4(F)(2), more than 25% of the development has occurred and the overall plan including the SAD portion is considered vested. Now before the Board for action is a request for a modification of the Blood's Grove SAD (Special Activities District) Ordinance 51-95, in conjunction with a new mixed-use development known as Midtown Delray containing 116 townhouse units (of which 32 units are subject to the family workforce housing ordinance) and 29,571 square feet of medical offices. REQUIRED FINDINGS (Chanter 3): Pursuant to LDR Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through Information on the application, the staff report, or minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These findings relate to the following four areas. FUTURE LAND USE MAP: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. Pursuant to Land Development Regulations Section 3.1.1 (A) (Future Land Use Map), all land uses and resulting structures must be allowed in the zoning district within which the land is situated, and said zoning must be consistent with the land use designation as shown on the Future Land Use Map (PLUM). The subject property has a Future Land Use Map (PLUM) designation of TRN (Transitional) and a zoning designation of SAD (Special Activities District) which are consistent with one another. SAD Zoning is deemed consistent with any land use designation on the Future Land Use Map. The uses allowed within a specific SAD shall be consistent with the land use category shown on the Future Land Use Map. The uses, activities, and characteristics of a SAD are to be consistent with the Comprehensive Plan, suitable and compatible with surrounding existing developments, and with the proposed character of the area. This standard has been met. Pursuant to LDR Section 4.4.25(6)(1), alt uses which are to be allowed in a particular SAD shall be established at the time of establishment of the SAD zoning designation through inclusion in the rezoning ordinance. Additional uses may be allowed after review and recommendation by the Planning and Zoning Board and approval by ordinance of the City Commission. The site plan depicts town house residential development and a medical office building. Modification of the existing SAD Ordinance to change the allowed uses to these uses (residential and medical office) is being processed as a rezoning application. These two uses are compatible with surrounding existing development and the residential character of the area. They are consistent with the adjacent development pattern to the south, east, and west of the subject property. Thus, positive findings can be made with respect to PLUM consistency. Planning & Zoning Board Staff Report -Meeting of September 17, 2007 Midtown Delray-SAD Ordinance Page 3 CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. As described in Appendix "A°, a positive finding of concurrency can be made as it relates to water and sewer, streets and traffic, drainage, parks and recreation, open space, solid waste, and schools. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in LDR Section 2.4.5(D)(5) for the Rezoning request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objective was found: Future Land Use Element Objective A-1: Property shall be developed or redeveloped in a manner so that the future use and Intensify is appropriate in terms of soil, topographic and other applicable physical considerations; is complimentary fo adjacent land uses; and fulfills remaining land use needs. By practice and policy, the SAD (Special Activities District) zoning designation is deemed consistent with the underlying land use as shown on the Future Land Use Map (PLUM). The PLUM designation TRN (Transitional) appropriately reflects the proposed land use medical office in the northern portion of the site as a transition to the residential component to be located on the southern portion of the property. Along Linton Boulevard, a combination of commercial, residential, and community facility uses exist. The 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-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 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 2.4.51D)(51 -REQUIRED. FINDINGS: Pursuant to LDR Section 2.4.5(D)(5), in addition to provisions of Chapter 3, the Clty Commission must make findings that establishing the rezoning will not: (a) Have a significantly detrimental effect upon the stability of the neighborhood within which It will be located; (b) Hinder development or redevelopment of nearby properties. Planning 8 Zoning Board Staff Report -Meeting of September 17, 2007 Midtown Delray-SAD Ordinance Page 4 The following table identifies the zoning designations and uses that are adjacent to the subject property: Ad'acent Zonin : Ad'acent Land Uses: North RL (Multiple Family Residential -Low Shady Woods Density) West RM-8 (Multiple Family Residential - 8 Hammock Reserve units per acre) East CF (Community Facilities) and OSR Fire Station and Orchard View Park (Open Space Reserve) South CF Communi Facilities Orchard View Elementa School The development proposal will not hinder development or redevelopment of nearby properties. The existing adjacent land uses are fully developed and will not be negatively impacted by the proposed development. It should be noted that the current proposal is less intense than the prior approval which could include residential development at the proposed density at up to 12 units per acre and office, commercial and industrial uses (packing plant) development up to 65,000 sq. ft. The proposed development does pose traffic concerns which include conflicts with the Orchard View Elementary School traffic which utilizes the same primary access road (Park Access Road) to transgress to Linton Boulevard. The future residents will experience difficulty in entering and exiting the development between peak operating hours of the school. COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shalt speciFcally be addressed by the body taking final action on the site and development application/request. 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: ,~: s : , -CfdsteYe tti ". rf a~,~-,~ ,, : ~7 ~ ~ x =~# W " ~ ~ ;:7 xovftfed -, Buildin Hei ht: Residential Com onent 48' 31'-7" Medical Offices 48' 46' O en S ace 25% 38.2% Perimeter Setback 15' 15' -18' Minimum Residential Floor Area: The following table indicates that the proposal complies with LDR Section 4.3.4(K)[Minimum residential floor area]. There 10 two-bedroom residential units with a size 1,418 square feet, each and 104 three-bedroom residential units with a size 1,906 square feet. Based upon the above, this LDR requirement has been met. '. h +s Y rl.~~t%Q~ '+ ~ :~' ~IY.Y.I~J b _ - f 4C .~~n t t '~ ~JRU 4 ~ . ~ Cj ~ i -. ~F -... ~Ef ~ ~~=x.x u ~ 'F3eYi i2 exl is ~ l ~.~ f ~~~ yyy ~ ~ dr :. 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 Landscaloe Setback Pursuant to 4.3.4(H)(6)(b)(4), Along Linton Boulevard, from A-1-A to the western City limits, a special landscape area shall be provided. This landscape area shall be the smaller distance of either 30' or 10% of the average depth of the property; however, in no case shall the landscape area be less than ten feet (10'). The proposed development does not provide a 30' landscape setback along Linton Boulevard and a waiver to this requirement has been requested. Subdivision Plat: Pursuant to LDR Section 4.3.3(0)(2), each townhouse, or townhouse type development shall be platted with a minimum designation of the interior street as a tract. Thus, a subdivision plat is required. The plat must be recorded prior to issuance of any building permits, and this will be attached as a condition of approval in the site plan review and approval process. LDR Article 4.6 -Supplemental District Regulations Required Parking: Pursuant to LDR Section 4.6.9(C)(2)(c), the parking requirements for one, two and greater bedroom dwelling units within amultiple-family structure are to be provided as follows: Efficien dwellin unit 1.0 space/unit One bedroom dwellin unit 1.5 spaces/unit Two or more bedroom dwellin unit 2.0 spaces/unit Guest arkin shall be rovided cumulative) as follows: -first 20 units 0.50 s aces/unit - for units 21-50 0.30 s aces/unit - for units 51 and above 0.20 s aces/unit Two or more bedroom dwelling units shall provide two (2) spaces per unit and one-half (0.5) a space of guest parking per dwelling unit up to the first 20 units, 0.3 spaces per unit for units 21-50, and 0.2 spaces per unit for units 51-109. Thus, the one hundred and sixteen (116) unit development is required to provide two hundred and sixty three (263) total parking spaces for the residential component of the project. Pursuant to LDR Section 4.6.9(C)(4)(c), medical and dental offices, including clinics and mental health treatment facilities, shall provide five (5) spaces per 7,000 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 an; provided as guest parking spaces along the interior street throughout the development. The medical office component of the project v~ill 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 Handicaooed Accessible Parking: Pursuant to LDR Section 4.6.9(C) (1) (b), special parking spaces designed for use by the handicapped shall be provided pursuant to the provisions of Florida Accessibility Code for Building Construction. Accessibility for residential structures is covered by the Federal Fair Housing Act. Pursuant to this act, two percent (2%) of the parking spaces serving the development must be handicapped accessible and accessible visitor spaces should be provided at a rate in accordance with the local code. Based upon the 148 parking spaces required for the medical office building, the development needs to provide a minimum of three (3) handicap accessible parking spaces and five (5) handicap accessible parking spaces have been provided. The Residential Component is required to provide five handicap accessible parking spaces and five (5) handicap accessible parking spaces have been provided, thus this requirement has been met. Pursuant to LDR Section 4.6.5 and the Florida Accessibility Code for Building Construction, the height clearance of the handicap parking areas for the office component need to be nine and one-half feet (9.5') to allow the access of handicap vans. A note to this effect shall be placed on the site plan, and thus this will be attached as a condition of approval in the site plan review and approval process. Bicycle Parkina: Pursuant to LDR Section 4.6.9(C) (1) (c) and Transportation Element Policy D-22 of the Comprehensive Plan, a bicycle parking facility shall be provided in close proximity to the pool/cabana recreational area and the tot lot, and thus, this will be attached as a condition of approval in the site plan review and approval process. Placing the bicycle parking facility at this location will provide a greater level of usability for residents and guests. It is anticipated that the occupants of the residential dwelling units will utilize their individual units for storage of their bicycles. Thus, upon addressing the condition of approval, this LDR requirement will be met. Lighting The photometric plan and illumination levels submitted do not comply with LDR Section 4.6.8. The required foot candle illumination levels (1.0 Avg. Min. and 4.0 Max.) required by the City shall be maintained. For the proposed roadway currently the proposed average minimum is 0.81 F.C. and the code requires a average minimum of 1.0 F.C. For the parking areas the code requires a maximum of 4.0 F.C. and 7.79 F.C. are provided. The applicant shall revise the photometric plan to comply with the foot candle illumination standards required by the City, and thus, this will be attached as a condition of approval in the site plan review and approval process. LDR Section 4.6.16(D)(2)(b) Preservation and Promotion of Existing Piant 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 Presence 25% 16.62%' • The applicant rs 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 ojpreserved natural plant communities. The LDR requirement calls fora 25% (26,898/107,593 x 100 = 25%) ojthe required 25% open space to be in the form of preserved natural plant cammursities. In square footage, the applicant is providing 20, 038 square feet of natural preserves arsd 26,898 sq. ft. is required. The applicant is proposing to preserve 18.62% (20,038/107,593 x 100 = 18.62%). If the waiver to LDR Section 4.6.16(D)(2)(b) is approved, then this requirement will be satisfied. Planning & Zoning Board Staff Report -Meeting of September 17, 2007 Midtown Delray -SAD Ordinance Page 7 Sight Visibility Triangles: Pursuant to LDR Section 4.6.14, the 20' and 40' visibility triangles need to be noted at the intersections of driveways/rights-of--way and at the intersection of two public rights-of--way. The sight visibility triangles along Park Access Road have been incorrectly depicted in the site plan and landscape plan. Site visibility triangles shall be measured from the property line exclusive of any easements or right-of-way dedications. The site visibility triangles along Park Access Road, at the interception of Linton Boulevard and Park Access Road, and at the interception of Linton Boulevard and Orchard Lane be correctly depicted from the property line and thus, this will be attached as a condition of approval in the site plan review and approval process. Workforce Housin 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 Undergrounding of Utilities: Pursuant to Section 6.1.8, utility facilities serving the development shall be located underground throughout the development. A notte to thisaeffect shall be incluyd~ed~iin the site plan. '~ }4r ;,.~i. ~_.yd'r Ia~~~Yq ~~~~!~t~1i5~~,x, h~~ _.. a, ~~~ii'i. Future Land Use Map Consistency, Concurrency, Comprehensive Plan Consistency and Compliance with the development criteria of the LDR were previously discussed under the "Required Findings" section of this report. Compliance with the Land Development Regulations with respect to "Standards for Rezoning Actions and Rezoning Findings" are discussed below. Section 3.2.2 (Standards for Rezoning Actlonsl: Standards "B", "C", and "E" are not applicable with respect to this rezoning request. An evaluation of the applicable standards is discussed below: Standard "A" requires that the most restrictive residential zoning district that is applicable given existing development patterns and typical lot sizes shall be applied to those areas identified as "stable" and "stabilization" on the Residential Neighborhood Categorization Map. Requests for rezonings to a different zoning designation, other than Community Facilities, Open Space, Open Space and Recreation, or Conservation shall be denied. The subject parcel proposed for development is identified as "stable" on the Residential Neighborhood Categorization Map. The current zoning is SAD and the request before the Board is to modify the uses to a less intense development. While an argument can be made that SAD is not a Planning & Zoning Board Staff Report -Meeting of September 17, 2007 Midtown Delray -SAD Ordinance Page 8 residential zoning district, it will allow residential uses consistent with the underlying TRN (Transitional) Future Land Use Map designation. Further, the request from SAD to SAD with modified and less intense uses are more consistent and compatible than the current vested development potential. Standard "D" requires that the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land use both existing and proposed; or that if an incompatibility may occur, that sufficient regulations ex/st to properly mitigate adverse impacts from the new use. As discussed in the "Required Findings" section of this report regarding consistency as related to LDR Section 2.4.5(D)(5), the adjacent properties include Hammock Reserve to the west, a fire station and Orchard View Park to the east, Orchard View Elementary School to the south and Shady Woods low density multiple family development to the north, The proposed uses (medical office and multifamily residential) are not incompatible with adjacent land uses. 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. ti.9(D)(3)(c)(f), provisions must be made for stacking and transition of incoming traffic from a public street, such that traffic 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, signfficanNy diminish the provision of public facilities, create an unsafe situation or result in a grant of a special privilege to our client. The granting of such a waiver would be in-line with the neighboring area and other projects that have requested a waiver to the stacking distance. Similarly, the stacking provided is clearly adequate for vehicles to enter the site wdhout obstructing the flow of traffic, especially since there are only a couple of spaces within this stacking requirement. Due to the location of the project, the waiver to reduce the stacking distances should be supported. Similar circumstances on other properties would lead to the same conclusion and in fact, as mentioned, similar waivers have been granted. Consequently, a positive finding with respect to LDR Section 2.4.7(8)(5) Waiver Findings, can be made. This waiver will not adversely affect the neighboring area, significantly diminish the provision of public facilities, create an unsafe situation and/or result in the grant of a special privilege to our client The requirements of the LDR Section are not feasible and would constitute a hardship. Similar circumstances on other properties would lead to the same conclusion. Consequently, a positive finding with respect to LDR Section 2.4.7(8)(5) Waiver Findings, can be made." Therefore, sufficient on site stacking is provided so as not to affect the neighboring areas or create an unsafe situation. Granting of the requested waiver will not diminish the provision of public facilities or result in the grant of a special privilege as similar waivers have been granted to other projects on similar basis. Consequently, positive findings can be made in the reduction of the stacking distance requirement along Park Access Road at the Office Building parking lot entrance from 50' to 48' with respect to LDR Section 2.4.7(8) (5). Analysis of Waiver #2: Pursuant to LDR 6.1.2 (C)(3)(a), the minimum roadway pavement width is twenty four (24) feet. Plans indicate that the roadway width is reduced to 20' as opposed to the required 24'. Pursuant to LDR Section 6.1.2(C)(3)(c), upon the recommendation of the City Engineer, and with the approval of the Fire Marshal, the City Commission may authorize a reduction in the minimum required width of paving if it is determined that the requirements of this subsection would not be 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, significanty 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 wilt 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. Consequentty, a positive finding with respect to LDR Section 2.4.7(8)(5) Waiver Findings, can be made. " The development proposal provides a 20 foot wide street with two feet of valley gutter on both side of the pavement. The City Engineer and Fire Marshal have previously supported reductions that have been granted to the standard aisle width for other townhouse projects such as Atlantic Palm, Atlantic Grove, Gramercy Square, Banyan Village, Highland Grove Estates, and Legacy at Sherwood Forest. In this particular request, the two foot valley gutter on either side of the road will provide sufficient area for large emergency vehicles to navigate the road. The reduction can be supported subject to the condition that the Home Owner's Association documents contain a prohibition on the parking of vehicles within the street access tracts. Consequently, a positive finding with respect to LDR Section 2.4.7(8)(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 /east twenty-five (25%) of the required open space must be in the form of preserved natural plant communities. The applicant is requesting a waiver to LDR Section 4.6.16(D)(2)(b) which requires 25% of the required 25% open space to be in the form of preserved natural plant communities. In square footage, the applicant is providing 20,038 square feet of natural preserves and 26,898 sq. ft. is required. The applicant is proposing to preserve 18.62% (20,038/107,593 x 100 = 18.62%). The LDR requirement calls fora 25% (26,898/107,593 x 100 = 25%) of the required 25% open space to be in the form of preserved natural plant communities. The applicant has provided the following justification statement regarding the waiver request: "The waiver will not adversely affect the neighboring area, significantly diminish the provision of public facilities, create an unsafe situation and/or result in the grant of a special privilege to our client. The requirements of the this LDR Section are not feasible and would constitute a hardship. Between fhe ofFce and residential parcels is a 0.29 acre Cabbage Palm Preserve The preserve area will offer an open space amenity for the community at large. The project will relocate a total of three hundred and seventy three (373) existing frees on site. The project exceeds fhe quantity of required trees. For fhe one hundred fifty one (151) Planning & Zoning Board Staff Report • Meeting of September 17, 2007 Midtown Delray-SAD Ordinance Page 11 required interior trees, an additional sixty (60) trees are proposed, and for the ninety (90) required perimeter trees, an additional one hundred sixty two (162) trees are proposed. Twenty five percent (25%) of the required project shrubs are to be native species; however, ninety five percent (95%) of the provided species are native. One hundred eleven (111) native trees are required, and this project provided a total of four hundred six (406) native trees. This project helps preserve the existing project's trees and palms while helping to reestablish the existing character of the neighborhood Pursuant to the Comprehensive Plan Open Space and Recreation Element, Objective B-2, natural areas which provide relief from the urban fabric, provide a glimpse of the natural environment of South Florida, provide a natural laboratory for exploration of the area's history, and provide for a balance between the natural and man-made environment shall be preserved. The removal of large specimen trees and a massive wooded area along the 'Park Access Road" and the entry onto Old Germantown Road from Linton Boulevard will adversely affect the neighboring area since it will change the character of the neighborhood. Pursuant to LDR Section 4.6.19 (D)(1)(2), all existing native plant communities on sites proposed for development shall be preserved where possible through their incorporation in the required open space. Only a portion of the natural areas are proposed for preservation. Exceptional specimen trees greater than 24° in diameter shall be preserved in 'location' .Trees shall be relocated on site if saving them in place is not an option. There are 21 native Ficus aurea trees on the site and none of them are being 'saved in location'. Several of the specimen trees identified as 'in good condition' will be removed as a result of the middle entry into the property. The relocation of large trees in such limited space is not necessarily feasible since the trees have no large area to be relocated to where their roots can grow and anchor the trees. Granting this waiver request would appear to disregard this LDR requirement. Every property is unique with respect to natural areas and each application must be reviewed in context. The granting of this waiver request can potentially set a precedent for other developments in the City. Granting the requested waiver would result in the grant of special privilege in that the same waiver would not be granted under similar circumstances on other property for another applicant or owner. If the applicant is granted the reduction in the required preservation areas from 25% (26,898 sq. ft.) to 18.62% (20,038 sq. ft.) it will be 6.38% (6,860 sq. ft.) less than the requirement. Therefore, positive findings can not be made with respect to LDR Section 2.4.7(8) (5) and a recommendation of dental should be presented to the City Commission for this waiver request. Analvsls of Waiver #4: Pursuant to LDR Section LDR Section 6.1.3 (D)(1)(b), where it is clear that the sidewalk system will not serve its intended purpose, the requirement for sidewalks on both sides of a street may be reduced to installation of a sidewalk along only one side of fhe 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 8 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 "stenerally 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(B) (5) can be made and a recommendation of approval should be forwarded to the City Commission. Anaivsis 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 be less Phan 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(8) (5) for this waiver request. We are requesting a 14ft. reduction in the required 30ft. landscape buffer in order to dedicate a 14ft. easement for the Linton Blvd. ultimate ROW of 120'. We have been approved by LWDD to enter into a PPP (Piping, Parking, and Paving) agreement which allows us to pipe and fill the canal and pave over it. The 14ft. easement will be Planning & Zoning Board Staff Report -Meeting of September 17, 2007 Midtown Delray-SAD Ordinance Page 13 primarily sod and anything else placed within the easement will be subject to a removal agreement. Thus, unless the easement is actually used to increase the ROW, the required landscape buffer will actually exist. However, the opportunity to increase the width of the ROW has now been provided. This waiver will not adversely affect the neighboring area, sign~cantly diminish the provision of public facilities, create an unsafe situation and/or result in the Brent of a special privilege fo our client. The requirements of this LDR Section are not feasible and would constitute a hardship. Similar circumstances on other properties would lead to the same conclusion and in fact, similar waivers have been granted on numerous projects. Consequently, a positive finding with respect to LDR Section 2.4.7(8)(5) Waiver Findings, can be made. " Since the intent of this LDR standard has been met by the provision of a thirty foot (30') landscape setback area from Linton Boulevard, this waiver can be supported. Therefore, positive findings with respect to LDR Section 2.4.7(6) (5) can be made and a recommendation of approval should be forwarded to the City Commission. a L't i"~ r- a .xy 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 • 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. Public Notices: Formal public notice has been provided to properly owners within a 500' radius of the subject property. Letters of objection and/or support, if any, will be presented at the Planning and Zoning Board meeting. The development proposal includes the construction one hundred and sixteen (116) unit townhouse development with 29,571 sq. ft. of medical offices. Five (5) waivers have been requested and are recommended for approval or denial as indicated below: Planning & Zoning Board Staff Repon -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. _.,, :: ~,r~i,~Y~~S~i - ~ ~r n g ~' EX-~ 1i3~ f.~.l~''Ix -s--..v 5, , -h .ei. : -4i~'~ i:s A. Move a recommendation of approval to the City Commission for the SAD rezoning amending Blood's Grove Ordinance 51-95 for the subject properly, and denial or approval of specific waivers as noted above, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and does meet the criteria set forth in LDR Sections 2.4.5(D)(5}, 3.1.1, and 4.7 (Workforce Housing) of the Land Development Regulations. B. Move a recommendation of denial to the City Commission for the SAD rezoning amending Blood's Grove Ordinance 51-95 for the subject property, and denial or approval of specific waivers as noted above, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Sections 2.4.5(D)(5), 3.1.1, and 4.7 (Workforce Housing) of the Land Development Regulations. C. Move to postpone and continue the waiver requests and SAD rezoning amending Blood's Grove Ordinance 51-95 for the subject property for the subject property with direction. By Separate Motions: Rezoning Staff recommends that the Planning and Zoning Board moves to recommend approval to the City Commission for the SAD rezoning amending Blood's Grove Ordinance 51-95 for the subject property Planning & Zoning Board Staff Report -Meeting of September 17, 2007 Midtown Delray -SAD Ordinance Page 15 for, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and does meet the criteria set forth in LDR Sections 2.4.5(D)(5), 3.1.1 and 4.7 (Workforce Housing) of the Land Development Regulations. Waiver #1: Move a recommendation of approval to the City Commission of the request for waiver to LDR Section 4.6.9 (D)(3}(c)(1) to allow forty-eight feet (48') of stacking instead of the required fifty feet (50') of stacking along Park Access Road at the Office Building parking lot entrance, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.7(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 tkl: 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(B)(5) of the Land Development Regulations. Attachments: • Location Map • Zoning Distnd Map, • Project Plans • Letters of Objection • Proposed Ordinance #46-07 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 wish 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 concurcency standards, however, turn lane improvements or traffic light modifications may be required at Linton Boulevard. Based upon the above wndition of approval being addressed, a positive finding with respect to traffic Concurrency can be made. Parks and Ooen Soace: 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), 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: Planning 8 Zoning Board Staff Report -Meeting of September 17, 2007 Midtown Delray-SAD Ordinance Page 17 waste that would be generated can be axommodated by existing facilities and thus, will not have a significant impact on this level of service standard. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals till the year 2024. ' 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 Paim 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:Cleazly 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 Gennan Town Road at it's western end and leading to the school. 4:Contrary to what was stated by a city commissioner there aze NO 3 or 5 story buildings anywhere in the azea 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 Gennan 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 nn gnnm mac: P~-~ Honorable Mayor Rita Ellis City Hall 100 NW 1~` Avemte Dekay Beach, FL 33444 Subject: Opposition to Midtown Delray Development Honorable Mayor Rita Ellis, 3807 Arelia Drive North Dekay Beach, FL 33445-5742 October 4, 2007 OCT - 8 20U7 CITY COMMISSION We live within the development of Shadywoods, which is located on Linton Boulevard that is directly across from the planned Midtown Dekay Development project. As residents, homeowner, and voters for six (6) yeazs, we have along-standing major interest in mahrtaining 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 traffrc difficulties with the many u-turning traffic, all within a 1/ mile, which will only be worsen with the enormous density of another 116 homes and yet another medical facility. We are strongly ouuosed to the Midtown Dekay Development project. It is too dense, buildings are too hi¢h. and will create additional traffic problems on Linton Boulevard. Thank you for your time. Very truly yours, ~, La ence J. Diou, Sr. Dorothy iou. ~8~~ QCt ~ A 2007 4978 Garden Drive Mayor Rita Ellis 100 NW 7•` Avenue Delray Beach, Florida 33444 Mayor Ellis: ~c ; P4z-- 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 corner 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 highly disapprove of this protect going forward. The increased volume of traffic, especially in the mornings and afternoon during school hours shows the city is ~elueless° when it comes to planning. The property isn't even zoned for the project and the fact that zoning needs to be changed speaks for itself. Other areas In Delray Beach should be considered where the new project would fit in better with the surrounding 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. Delray Beach, Florida 33445 Tuesday, October 09, 2007 Robert M. Rivell Hammock Reserve Resident OCT T ~ 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 Subj9ct::Opposition to Midtown Delray Development Dear Major: COMMISSION 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. Furthetxuore, our community of Shadywoods already faces severe traffic difficulties with the many u-turning and cross turning traffic, all within a''/a mile, which will only worsen with the enormous density of another 116 homes and yet another medical facility. I am strongly opposed to this construction. it is too deivse and the buildings too high. very truly yours, ,. ~_-- Karin Castryck J es Castryck pCT - 9 20Q7 October 5, 2007 City Hall 100 N.W. lst.Avenue Delray Beach, F1. 33444 ec: P~ z- Subject: Opposition to Midtown Delray Development Dear I live within the development of Shadywoods, which is located on Linton Blvddirectly 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 town homes and medical building will certainly destroy. $urthermore,'cur community of Shadywoods already faces severe traffic difficulties with the many u-turning traffic,. all withim a,'~ mile, which will only worsen with the enormous density of another 116 homes and-yet another medical facility. I am strcngly opposed to this construction. It is too dense and the buildings too high. Very truly yours, ~~ ~~~ John A. Faturos 6671 Arelia Drive N. Delray.Beach, Florida 33445. oCr -9 2AD) Suggested Letter to City Commissioners: ~----_.~~~ CITY COMMISSIO ~ ~.ucy,S3avie j 4i1$6Patm Foii:st br. S • bGliey Heath,'FL 33445 D (Name of Commissioner or Mayor to whom writing) City Ball` 100 N.W. l." Avenue Delray Beach, FI.33444 Subject: Opposition to Midtown Delray Development Dear (Commissioner or Mayor): I live within the development of Shadywoods, which is located on Linton Blvd directly across from the planned Midtown.Dekayproject: 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 aheady faces severe traffic difficulties with the many u-fuming and cross fuming traffic, all within a'/, mile, which will only worsen with the enormous density of another 116 homes andyet another medical facility. I am strorygly opposed to Very name) construction. It is too dense and the buildings too high. ~~Q~ G~eBc Lucy Davis _ 4086 Palm Forest Dr. S Dehsy Beach, FL 33445 OCT -9 28A7 October 4, 2007 c.c: ~dZ- Mayor, Rita Ellis Vice President, Fred Fetzer Deputy Vice-Mayor, Brenda Montague Commissioner, Gary Eliopoulos Commissioner, Woodie McDuffie City Hall 100 NW 'I°` Avenue Delray Beach, FL 33444 Subject: Opposition to Midtown Delray Development Dear Mayor, Vice President, Deputy Vice-Mayor and Commissioners: I live within the development of Shadywoods, which is located on Linton Boulevard directly across from the planned Midtown Delray project. As a resident and homeowner for almost 7 years, I have along-standing major interest in maintaining the character and value of my home, which the intended 3-story high townhomes and medical building will certainly destroy. Furthermore, our community of Shadywoods already faces severe traffic difficulties with the many u-turning and cross turning traffic, al(within a'/smile, which will only worsen with the enormous density of another 116 homes and yetanother medical facility. I am strongly opposed to this construction. It is too dense and the buildings too high. tr ours, ~an4e Coco 4237 Palm Foresl Drive South Delray Beach, FL 33445 c~~~~~ ~` 2 o aj ,l =~m.~ OF.T. -3 2~t CITY ~ ~. ~~z ~.2Q/1Ji~O~r! .. ij~-~...G~~~~~J ~ _/ G2sa~ .~.vr1~t=~~ .l.A~ ~~ ~~~ ~d _ ~~e~~~ .acv, ~Y~ze~ v~ ;may ~~_~ ' ,~~~,~,~ .~~ ~`n~., d ~:.~~~ .~lD.~iS 3730 .~LreCia Drive Sauth SGT ~~~ 2~1 Defray BeacCy ~'Carida 33445 S6r495-853o nAnt M'ite~{CQ -0GTOBER 4, 2007 MAYOR RITA ELLIS GG1` ~Z CITY HALL 100 N.W. lat 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 SI%TEEN YEARS, I HAVE A LONG-STANDING MAJOR INTEREST IN MAINTAINING TAE 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- SEVER& 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 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, a.e~ OMAS J ADAM RESTIVO 3694 ARELIA DRIVE S. DELRAY BEACH, FL 33445 (561) 499-8549 OCTOBER k,2007 MAYOR RITA ELLIS (! C 1 r ~z'' CITY HALL 100 N.W. 1st AVENUE DELRAY BEACH, FL 33444 SUBJECT: OPPOSITION TO MIDTOWN DELRAY DEVELOPMENT DEAR MAYOR: I LIVE WITHIN THE DEVELOPMENT OF SHADYWOODS, WHICH IS LOCATED ON LLNTON BLVD. DIRECTLY ACROSS FROM THE PLANNED MIDTOWN DELRAY PROJECT. AS A RESIDENT AND HOMEOWNER FOR FIFTEEN YEARS, I HAVE A LONG-STANDING MAJOR INTEREST IN MAINTAINING THE CHARACTER AND VALUE OF MY HOME, WHICH THE INTENDED 3-STORY HIGH TOWN HOMES AND MEDICAL BUILDING WILL CERTAINLY DESTROY. FURTHERMORE, OUR COMMUNITY OF SHADYWOODS 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 FYom: Robert Sengberg [robert@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 2~m vd a Iravbeach.co m 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 Ahdover 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. Currently there are already 677 units on the site (404 at Citation and 273 at Hammock Reserve). This project intends to add 116 units to this parcel. The math does not seem to add up. 2. Asper Ordinance (51-95) the maximum density permitted at this site was not to exceed 8 units per acre. The proposed project has 116 units on a 6.27 acres area resulting on a density of 18.5 units per acre. 2.31 times the limit. Again, the math does not seem to add up. 3. As per Ordinance (51-95) the maximum floor area of SAD Parcel 5 was limited to 65,000 square feet. The proposed project is for 212,404 square feet for residential use and additional 29,571 square feet for commercial use. That totals to 241,975 sq. ft. or 3.7 times the limit. 4. As per Ordinance 42-95 the SAD component was indicated as 4 DU. The proposed project has 17 3 story buildings, plus a recreation center and a Medical office. Additionally, 5. This is a too dense complex with 3 story high buildings that doesn't go in line with the surrounding neighborhoods. 6. This project will create additional traffic constraints on the already congested Old Germantown road. Although the traffic study presented at the September 17th meeting indicates traffic will not increase on Old Germantown Road, I'm not sure there is a resident (from Old Germantown Road) who believes these results are even close to being valid. 7. The execution of this project will result in the loss of 373 grown trees from the area. With all the energies and publicity spent on ways to save our environment, destroying the beauty of the Blood's 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" dt3velopmeht. Your response is very much appreciated. Robert Sengberg 2551 Hampton Cir N Delray Beach, FL 33445 CC: Rita Ellis, Mayor, Cily of Delray Beach ritaellisCaZmvdelravbeach.com Gary Eliopoulos, Commissioner, City of Delray Beach, oge at'~mvdelravbeach.com Fred Fetzer, Vice Mayor, City of Delray Beach, fetzerCo~mydelravbeach.com Woodie McDuffie, Commissioner, City of Delray Beach, wmcduffieCo3mvdelravbeach.com Brenda Montague, Deputy Vice Mayor, City of Delray Beach, monteouera~mvdelravbeach.com Susan A. Ruby, Esq. ,City Attorney, City of Delray Beach CityAttornev an.MyDelravBeach.corn Dear Mr. Glotzbach, Thank you for your a-mail. I want to answer some of the concerns expressed in your email. With respect to #1 in your a mail ... in my review of Ordinance 51-95 I found no reference td (680) total number of units allowed, Further the 404 units referenced for Citation Club were never part of the property referenced in Ordinance #51-95. Therefore the maximum number of units constructed to date on the Bloods property are those within the Hammock Reserve development (273 as noted in your letter). With respect to #2 in your a mail ... Ordinance 51-95 does not limit the SAD parcel to a maximum density of 8 units per acre. This 8 units per acre maximum refers to 28.29 acres which comprise the northern portion of the existing Hammock Reserve Development 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 th'e nonresidential portion of the project (residential properties are measured on a unit per acre basis not square footage). Currently 29,571 square' feet of nonresidential Medical Office Use is proposed. This is below the 65,000 sq. ft. of industrial, office or commercial use currently allowed by Ordinance 51-95. With respect to # 4 in your a mail... Ordinance 42-95 annexed 94.14 acres of property to the City. This Ordinance did not assign any development potential or restrictions to any portion of the site. The development thresholds for the individual parcels which made up the 94.14 acres were assigned through the application of zoning designations applied via ordinance 51-95. As noted above these thresholds did not reference a limit of 4 density units. I hope the information I have provided is of assistance to you. You are encouraged to attend the City Commission meeting to share your views. Thank you for taking the time to communicate with me. Sincerely, Paul Dorling, AICP Director of Planning and Zoning -- Original Message ---- From: Ronnie Glotzbaeh To: dorlinaCrDmvdelravbeach.com Cc: ritaellisCe~Dmvdelravbeach.com ; gpeCcD_mvdelravbeach.com ; fetzert~mydelraybeach.com ; wmcduffieCciZmvdelravbeach.com ; montegueCa~mvdelravbeach com ; CitvAttomevCcilMVDelrayBeach.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 dorlino Ca)mvdelravbeach.com PROPOSED DEVELOPMENT pN BLOOD'S GROVE SITE BY ASCOT DEVELOPMENT TITLED MIDTOWN DELRAY -Delray Beach Planning File #2007-165 and 2007-166 As a resident of the Andover Community, I believe it is critical that I share my concerns about the development of Blood's Grove site. I'm respectfully disappointed on how this project is being expedited and how decisions are being made without a complete investigation on the standing of several issues against existing ordinances. From a resident perspective, it appears that the builder is using the argument of a time sensitive $5 million state grant to provide 32 Community Workforce Housing to roll over the proper diligence on the project and receive special treatment. The following issues need to receive serious considerations: 1. As per Ordinance (51-95) the maximum number of units permitted at the site was not to exceed 680 units in the entire Blood's grove site. Currently there are already 677 units on the site (404 at Citation and 273 at Hammock Reserve). This project intends to add 116 units to this parcel. The math does not seem to add up. 2. As per Ordinance (51-95) the maximum density permitted at this site was not to exceed 8 units per acre. The proposed project has 116 units on a 6.27 acres area resulting on a density of 18.5 units per acre. 2.31 times the limit. Again, the math does not seem to add up. 3. As per Ordinance (51-95) the maximum floor area of SAD Parcel 5 was limited to 65,000 square feet. The proposed project is for 212,404 square feet for residential use and additional 29,571 square feet for commercial use. That totals to 241,975 sq. ft. or 3.7 times the limit. 4. As per Ordinance 42-95 the SAD component was indicated as 4 DU. The proposed project has 17 3 story buildings, plus a recreation center and a Medical office. Additionally, 5. This is a too dense complex with 3 story high buildings that doesn't go in line with the surrounding neighborhoods. 6. This project will create additional traffic constraints on the already congested Old Germantown road. Although the traffic study presented at the September 17th meeting indicates traffic will not increase on Old Germantown Road, I'm not sure there is a resident (from Old Germantown Road) who believes these results are even close to being valid. 7. The execution of this project will result in the loss of 373 grown trees from the area. With all the energies and publicity spent on ways to save our environment, destroying the beauty of the Blood's site would be a loss not only to our area but to the City of Delray. Therefore, I respectfully ask you to allow the proper time for the complete understanding of all the implications of this project to the immediate neighborhood and to analyze if this project is really suited for this location. The goal is to have a project that is beneficial to the entire community and not just to the builder. This proposed site is not the best location for such a dense project. The quaint design of Old Germantown road is a far cry from the proposed "mid-town" development. Your response is very much appreciated Veronica Glotrbach Cc ; P~z- Ocmbcr 3, 2007 Mayor Rita Ellis 100 NW 1'r Avenue Delray Beach, FL 33444 Re: Blood's Grove Proposed Rezoning File #2007-165 & 2007-166 During out Andover Annual Meeting, the homeowners expressed significant concern about the rezoning of the Blood's Grove property. On behalf of Andover, we, the Board of Directors, would like to register our strong opposition and objection to the proposed action. It is our opinion that the proposed Midtown Delray development would have a significantly detrimental effect upon the value and of our homes and the surrounding areas. Several homeowners attended the Planning and Zoning advisory Board meeting on September 17, 2007. Feedback from that meeting where the Board recommended approval of the development with the waivers and rezoning requests m the City Commission has mired the ire of our community. One of the natural aspects of Old Germantown Road is the mature natural vegetation that has existed. Eliminating this in favor of 116 mwn houses and a 3~tory high medical office building with 148 parking spaces on the ground floor accompanied by a myriad of waivers to make it happen is, in the opinion of the Andover Board, total over-development of the site. This approach will negatively impact the area and result in as unacceptable environment in which to live. When the Midtown Delray project was submitted and approved fora $Sm state grant for workforce housing, the need for affordable housing was great As all homeownem are now well aware, the property market has changed ~astically since then and this is no longer the case. There is currently plenty of vacant housing properties in the area for sale at affordable prices and no shortage of medical offices. Old Germantown Road already has traffic flow problems. Any decisions need to take into considemtian the investment of the homeowners in this area and their right to have reasonable egress/ingress into their communities. The size of this property and potential population as well as commercial traffic is 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 area 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 Baard of Directors The Andover Aseociaflon; Inc. do Haag Management Inc. •2295 Corporate Blvd. NW, Suite 138 • Boca Raton, PL 33431 • (561)241-0285 ,- October 3, 2007 Mayor Rita Ellis City Hall 100 N.W. 1~` Avenue OCT ~ n ?0~7 CITY COMMISSIONI Delray Beach, FL 33444 Re: Midtown Delray Development ~ ~~~~"`~~~~ Dear Mayor Ellis: ~, 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 thatLintomBoulevard.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 oursdevelopment safely. The residents of Shadvwoods have only one way im and ont of our development: Linton Boulevazd. We have no back entrance, no other choice. The Midtown Delray project promises to add another two hundred cazs or so to our problem, all trying to get onto the same road at the same time.. Access to Germantown Road is denied during rush hour in the morning because of the ORCHARD VIEW ELEMENTARY SCHOOL traffic What impact do you think this development might have for the safety of the elementary school children walking to and from school at Orchard View Elementary? WHAT WAS THE PLANNING AND ZONING DEPARTMENT THINKING? DID THEY ALREADY RUN OUT OF ROOM FOR TOWNHOUSES ON FEDERAL HIGHWAY? I am strongly opposed to this construction. I feel that it will negatively impactthe-value and character of my home and-o'nly be ofbenefiY#o some builder who doesn't care how dense our community becomes. Please help our community oflong-time, quiet-living residents maintain our way of life and safety in small- town Delray Beach. This is, after all, why we moved here! Thank you for your consideration, ~~~~ Toni S. Mullen, cc: Vice-Mayor Fred Fetzer Deputy Vice-Mayor Brenda Montague Commissioner Gary Eliopoulos Commissioner Woodie McDuffie ~. ~ ':,- October 3, 2007 Mayor Rita Ellis City Hall 100 N.W. 1~` Avenue Delray Beach, FL 33444 Re: Midtown Delray Development. Dear Mayor Ellis: I live in the Shadywoods development, which is located omLinton , 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 hoar on Linton while we try to exif our development safely. The residents of Shadvwoods have only one waY in and ont of our development; Linton Boulevard. VVe 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 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 Orch'~rd 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 o~ be of benefit to some builder who doesn't care how dense our community becomes. e:~: PAZ ~ ,. -, Please help our community of long-time, quiet-living residents maintain our way of life and safety in small= town Delray Beach. This. is, after all, why we moved here! ank you for your considera 'on, ~~,~~ Thomas R. Mullen cc: Vice-Mayor Fred Fetzer Deputy Vice-Mayor Brenda Montague Commissioner Gary Eliopoulos Commissioner Woodie McIhxffie 4144 Palm Forest Drive South Delray Beach, Florida 33445 October 2, 2007 Mayor Rita Ellis ~ ' City Hall 100 N.W. 1$` 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 1 have a tnajor 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 commundY of Shadywoods already faces severe traffic difficukies with the many U-turns and cross traffic from the medical buildings already present within 1t2 mile of our entrances. These difficulties will rise exponentially with the addition of another 116 homes and yet another medical facility. 1 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 Dr«tae o4. ?/afek Execu6va Asa/atent Planning & Zoning Department Clry olDalray Beech 100 NW 1st Avenue Delray Beady, FL 33444 Phone: 581-243-7041 Fax: 561-243-7221 valek~d.tlalrey-0each.H us From: Alberta S. George [mailto:asgeorgel@msn.com] Sent: Monday, September 24, 2007 12:50 PM To: PZmail@MyDelrayBeach.com Subject: Blood Grove zone district To the Planning and Zoning Board of Delray Beach: We strongly oppose the changing of the Blood Grove SAD zone district and the proposed development of over 100 townhouse units and related structures. The traffic congestion in that area is pxesendy such that the city has police there each morning monitoring txafFic and restricting taming east flow traffic in an effort to protect the school entrance and students. How can the city even consider adding more traffic and congestion to that intersection. Such a development would also negatively impact our quality of life. Since Spanish Wells was built some 30 years ago, we have experienced continuing development that has diminished the nature of our neighborhood environment. At the same time our taxes have quadrupled. There is nothing in the plan of the proposed development that enhances our property but rather threatens our neighborhood and puts our life at risk. We ask you to deny this intiative. Albert and Alberta George 3004 C San Clara Drive Delray Beach, Florida 33445 9/27/2007 Mark. and Marcia Clayman 2706;Hampton,Cirole North Delray Beach, Fl. 33445 RECEIVED SEA' 2 5 2f101 Monday September 24, 2007 Mr. Paul Dorling Director City of Delray Beach Planning and Zoning Department 100 Northwest 1st Ave Delray Beach, Florida 33444 PLANNING ~ ZONINt; Re: PROPOSED DEVELOPMENT ON BLOOD'S GROVE SITE BY ASCOT DEVELOPMENT TITLE MIDTOWN DELRAY Dehay Beach Planning File #2007-165 and 2007-166 Dear Mr. Dorling: My husband and I have lived in the Andover Community since 1989 and have raise our 2 children my daughter Caro117 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 conununity for so many years has enjoyed the peacefulness and the charm.that the whole area of Old Germantown Rd offers to the residents. Blood's Groves was such a.big asset in the area and we enjoyed having them so close to us, but now as you know things have changed, the Blood family sold the land and what is left of it is-going to be developed. I attended the city meeting held on September 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 , ~'--~- ia Clayman MowdA1~, Septew~.ber24, 200 CERTI~IEA RETl4RN RECEIPT' H'ONORfk$LE MAYOR RITi4 El_l_IS C%t1~ o f ~t6raa $tach 100 Northwest i`°.4vewue Delray $tach, Plorrda x%444 RE: Proposed Dtvelopruewt/81.ood•s erove sift 8~ ,4soot DGVelopw~.ewt Titled Midtoww DCLrA~ Dei.ra~ $taoh Plaww%wg 1=il.t #2oo~16s~ 200-266 DEAY f-1'owOrable Ma~, 0Y EI.I.IS: /ks you I¢wow, .ksoot txvelopw~,ewt is pl,aww%wg to develop the above re ferewotd prapert~. 1 awe. wr%tiwg to ~jou as aw txtrewatl.~ cowotrwtd how~.towwtr liviwg to the east o f the proposed projtot ow eitrw~.aw Toww taoad. 1 arr, ecpset about the proposed dtvelopw~twt, awd about the rwect+.wg t attewded at the eit~ o f Ddra~ $taeh, ow Mowda~, septen+.ber 1~, aDO~. r was ctuite shooleed at the lael¢ o f %w fon,,,ati.ow awd i¢wowledge about the project that the Plawwiwg ~ Zow%wg $aard possessed whew it w~.ade such aw in~.portawt decisiow that would greatly a fFtat w~.~ wtighborhood awd others alowg c.~ern,.aw Toww road. The iwapaat ow tra f~c awd the elew~.eewtar~ school dirtatl~ across the street frovw this proposed dtvelopn~,ewt would also be great. Acoordiwg to .atscot's tra f ~e stu.d~, all tra f f~c from. this devtl.opw~twt would twtzr awd exit at U.wtvw Boulevard. EvertJ. owe who lives iw this area I¢Ywws that wiU. NEVER happew. There art wo tra f fie I.i.ghts or stop sigws that wi.U, prevewt tra f~o frown, speediwg, this could ewdawgtr -M.aw~ o f our childrew who wait for school buses tver~da~ alowg eerw~.aw Toww road. Iw additiow, as au.mewtl.~ proposed awd desigw4d, this devdapw~ewt wiU. destroy the oharw~. o f this uwi,clut arts iw Delraa $eaoh. This project uri.ll alearl~ be aw eyesore: Evew several o f the board vuew~.bers adw~,itteot that the architectural plows "were juwl¢", but het; then sti.U. approved parts o f this projtot. .4dditiowaU.~, the destructiow awd eliYU.%watiow o f older growth totes would bt a sigw%fi.oawt Loss to ou.r cowuM.u.wit~, as a result o f this pro~tats size awd dewsit~. As a oowoerwed residewt o f this beakti ful eonR.rN,uwit~, ~ reeorwwitwd that the City o f ntl.ra~ 8eaah rtdiew the ou.rrcwt -2clutst awd future dcvdapw~.ewt o~ this projtot. 7~hawi¢ you for ~ou.r t%YU.e awd oo~nsi.dtratiow iw this wcatttr. S%wcertl~, G~ -~--r- Sawd~ .4lexawder Rtsidewt o f Aelra~ 8taeh .4wdover (s6i) ~.s~.iyx8 Copies Mailed to: e~ArIJ. 6llApou.Los, Con+,n+.bssiowtY, City of Delray 8taeh fired Fetzer, vice Mayor, City o f nelra~ ~eaeh Woodit McDuf{it, Cow~.ntitssi0wtr, City o f Dtl.ra~ 8tach Brewda Mowtagu,e, Deputy viu raa~or, c%t~ of Delray 8eaoh susaw st. R,ocb~, escl., eit~ Ikttorwe~, C%t~ of DGl.ra~ Beach Haul Dori%wg, Director, Alawwiwg JF Z,owiwg, City o f Delray 8tach 12ow ftoggard, Ariwo%pal Alawwer, City o f Delrar~ ~taoh ~stelio Sreto, scwior Alawwer, City o f Delra~j 8tach Michael viwa., Rssistawt Plawwer, City o f Dttra~'Beach rtebtoea Tht,)ctU., sta f f Ass%stawt u, City oFpelra~ Seaoh RECEIVED 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. lat Avenue Delray Beach, FL 33444 telephone: 561-243-7091 facaimil e: 561-278-4755 email: rubyeci.delray-beach.fl.ua -----Original Message----- From: Weaver, Jo Sent: Monday, September 17, 2007 8:02 AM To: Ruby, Susan Subject: FW: Planning and Zoning Board Meeting September 17th: Ascot Susan, This came in through the City's webai to email. Jo Weaver -----Original Message----- Fzom: Alex Sanielevici (mailto:alexsaniegmail.comJ ~Sen t: Friday, September 14, 2007 9:37 PM To: PZmail®MyDelrayBeach.com; Ellis, Rita Cc: Eliopoulos, Gary; Fetzer, Fred; McDuffi e, Woodier montegue®mydelraybeach.com; Ci tyAttorney®h1yDelrayBeach.com; Gray, Joe; Kemp, Xymenski; ClDirectorGKiyDelrayBeach.com; PermiteLicenses~+SyDelrayBeach.com; Dorling, Paul; HOggard, ROn; BretO, Estelio; Vinci, Michael; Truxell®mydelraybeach.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 I won't be able to attend Monday's meeting due to obliga tiona at work, I do wish to express my severe conaterna ti on at the proposed high-denai ty development that is being proposed to be erected adjacent to my community, along the main road of Hanmiock Reserve. Approval of this plan as submitted will severely undermine the quality of life of those Iiving all along the old Germantown Road corridor. At 3 stories tall, the proposed units 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 density and height of this proposed development to order to better mesh with the character of the surrounding developments and avoid a ruinous outcome for all involved. Thank you for your attention to this matter, Alex Sanielevici. 1 Jefferson, Candi From: Valek, Denise Sent: Monday, September 17, 2007 1:46 PM To: McDonnell, Mark; Jefferson, Candi Subject: FV11: Bloods Orchard Rezoning Durlae,4. 'Lalck Fxecuhve Asslstanf PoannNg 6 Zoning Department qty o1 Delray Beach 100 NW 1st Avenue !)eiisy aeach, FL 33444 Phone: 581-24 3 70 4 7 Fex: 581-243-7221 valelt~d.deliay-0ea ch.8. us From: eheckermdl@mmcast.net [mailto:ehedcermdl@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 Orchard. I object to having a three story high density building adjacent to Ilammock Reserve located where I would have to look at it when I arrive and leave as well as when I sit on my lanai. The school has enough traffic a.m and p.m. The addition of the new construction would make this azea much less desireable to own and enjoy. Please do not permit this travesty to ruin the entire area. Erwin and Mazgery Hecker 410 484 3191 9/17/2007 ~e~Ca~ ~~edi~enxia~ Unnoaa~iona 13900 70G ROAD, SIATE 203 -212 DELRAY BEACH, FL 33446 PHONE (561) 495-9670 FAX# (561) 495-0888 wait Oar website: www.aBiaaceddeLxycom September 13, 2007 Ms. Candi Jefferson City of Delray Beach Planning & Zoning Dept. 100 N.W. 1st Ave. Delray Beach, Fl. 33444 Dear Ms. Jefferson, The Alliance of Delray is concerned that the Midtown Project is being brought to the Planning Zoning Board without the courtesy of preserving the plans to the slurounding communities, such as Shadywood I & II for discussion. There is great anxiety among these communities regarding the entrance and exit traffic flow for this project. Present traffic on Linton Blvd. is already a burden'to residents entering and exiting Shadywood I & II, upon whom the Midtown Project will have the greatest impact, We trust you will take these facts into consideration when you review the project and have the company building the IvHdtown Project meet with community leaders. Thank you. Si Robert Sc m President SEP 1 4 2007 PLANNING & ZONING 1lQa[drv Dlm~sia Robert schulbsum, vrasldent Larry Zalldn, Erecvtfsa Vhn Pmalderrt Mort Mazor, Flist Vice PKSldent .Lori Vinikoor, Vid Proaldent. Barbara Zee, irax President. Rklrard Herman, Vice President . EvalynSpiellalz, Saniefary . Stan Kalish, 7Yaasnrai ! Nanry Brio . Edwin Goldwasser .Rhoda Greifer . Harold Kleine . Phyllb Levine . 7adc Miles . Joshua Gersdn, Lega/Come/ 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 Deparhnent 100 N.W. 1" Avenue Delray Beach, FL 33444 Atta: Director Subject: Proposed Property Rezoning and Development of Midtown Dehay Dear Sir. Regarding the subject matter, the Shadywoods Homeowners Associaflon wishes to express its opposition to the rezoning in general, and to the size of the development in particular. Shadywoods is a community of 200 homes, established in 1980 and 1981, situated on approximately 43 acres on the north side of Linton Blvd, directly opposite the property of the subject rezoning project. Our community has two ent<anc~s east and west of Old Germantown Rd, each within 500 ft: Directly across from Shadywoods, on the south side of Linton, is another huge community, Hammock Reserve with 273 homes, which entrance also opens onto Linton. Oa our western border is situated the Dehay Medical Center, and beyond them the . Albertson Shopping Center. Ditpctty 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 ~ 2007 PLANNING & ZONING All of the areas mentioned, including the Midtown Delray project location, fall approximately within'h mile of Military Trail. In view of the above, it's not only apparerrt, but a fact that Shadywoods has an enormous.problem exiting and entering our two entrances due to the already wnsiderable traffic volume, which cleazly will seriously worsen with the existence of Midtown Delray. There has been overtime any number of traffic accidents at these entrances, including several crashes into our wall, resulting from, among other causes, crossing and/or u-turr>Ing vehicles, all of which you can certainly verify. With the addition of this new Delray construction the same dangerous crossing and u-rum traffic problems will exacerbate. In view of this and the current situation, Shadywoods is therefore stressing its opposition to the Midtown Delray project. The City of Delray Beach cannot, and must not, allow this development to go forward without first fully assessing, addressing and satisfactorily correcting the traffic problems that do now and will then befall Shadywoods residents. There is a need for substantive discussion with our community, the City and the developer for clarification on alleviating our concerns and problems before; proceeding. Given our seniority within this area, Shadywoods should be more than entitled to'first considerations prior to' burdening our community, and those others around us, with even more difficulties. We look forward to your favorable decision regarding our concerns, towards which your reflection and attention is appreciated.. truly, Dominic. T: Scadnto President, Shadywoods. HOA, Inc. Cc: Shadywoods Board of Directors Alliance of Delray Residential Associations, Inc. Page I oft Valek, Denise From: JOSEPH PROVENZANO (fprovenzano@msn.com] Sent: Wednesday, September 12, 200710:37 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 waiting to be seen by the physician (If not more) at any given time during the day an'd then..there are the various vendors, Drug Reps and service personnel coming in and out at all times during the day. As you can see, the parking will not be sufricient. 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 far 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 lib town homes. If one were to allow 1.5 acres for the medical complex and parking, this would results in-116 town homes to be built on 7 acres which would amount to 16.5 town homes per acre which far above the density of the immediately surrounding single family residences! 3) Loss of green space: The proposed project will result In the loss of green space which makes the Old .' , Germantown Road area special. The beauty of Old Germantown Road is Its rural road appeal which be lost. The proposed project should wnform to the surrounding communities in regards to open green space'arib. density. 4) Traffic: As it stands now, the traffic from Linton Blvd is not allowed to flow east-bound on to Oid Germantown Road ih the mornings due to safety concerns regarding the students cros5ing Old Germantown Road on their way to Orchard View Elementary School. In the evenings, traffic backs up on westbound Old Germantown Road to the point one can't turn into the Oakmont community which is over 500 feet from the proposed . project! To allow this project would generate at least 1200 cars for the medical complex alone (15 2000 sq ft off(ces with 2 doctors with 30 patient visits each, 6 employees and 3 to 4 Drug Reps and service personnel) not to mention at least 250 cars for the town homes. This would mean almost an extra 1500 cars going down Old Germantown Road daily which is more than Foxe Chase, Oakmont, Rabbit Hollowe, Verona Woods and Andover combined generate! approve this project. Please take into consideration my concerns and do not Joseph M. Provenzano, M.D. 1921 S.W. 36th Ave Lovely Delray Beach, FI 9/14/200'7 Page 1 of 1 Valek, Denise From: JMM ~mconned(a~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 Delray Hi Candi, I am a resident of the Hammock Reserve Development. I would like further information with regazd to how this., , proposed action may affect my property. You email was provided on the zoning notification to obtain this - information. I appreciate your efforts to provide suce information. Thank you. Building a website is a piece of cake. Yahoo! Small Business gives you all the tools to get online. 9/14/2007 Page 1 of 1 Breto, Estelio From: Breto, Eslefio Sent: Monday, September 10, 2007 8:33 AM To: Greta, Estelio Subject: FW: Ascot Development Attachments: HOA - 20070909 -LETTER -City -Ascot - 02 .pdf From: bob lamour [mailto:Uolamo@gmafl.com] Sent: Sunday, September 09, 2007 7:13 PM To: FJlis, Rita Cc: Eliopoulos, Gary; Fetzer, Fred; McDuffie, Woodier montegue@mydelraybeach.oom; CltyAttomey@MyDelrayBeach.com; Gray, Joe; Kemp, Kymenski; CIDlrector@MyDelrayBeach.com; PermitsLicenses@MyDelrayBea~h.com; Dorling, Paul; Hoggard, Ron; 8reto, Fstelio; Vinci, Michael; Truxell@MyDelrayBeach.com; mviale@primemg.com; donmklein@adelphia.net; dklein@ad.fau.edu; alexsani@gmail.com; pennyhammel@comcast.net; kim@haagcompanies.com; wdiatdbc@aol.com; rsmaupin3@aol.wrri; 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 Boazd on September 17, 2007 at 6:00 pm, and as you can see by the distribution list, these issues are in the awazeness of many City Staff and Residents of Delray Beach. Regazdless of the outcome of the P&Z meeting, we are also aware of a Commission Meeting on October 2, 2007. We felt it in the best interests of the City to make contact with you and with our Commission with as few individuals as possible, but we will attend Board Meetings and Public Commission Meetings when they occur if we aze awaze. At your earliest convenience, I would like to meet with you to discuss our concerns in greater detail. Bob I.amoureaux Resident of Dehay Beach, Florida Vice President, Hammock Reserve Homeowner's Association (561)496-7161 bolamot7a.gmail.com *** eSa£e scanned this email for malicious content *** *** IMPORTANT: Do not open attachments from unrecognized senders *** Sunday, September 9, 2007 HONORABLE MAYOR RrrA ELLIS 100 Northwest l51 Avenue Delray Beach, Florida 33444 Re: PROPOSED DEVELOPfvIENT ON BLOOD'S GROVE SITE BY ASCOT DEVELOPMENT TITLED MIDTOWN~DELRAY Delray Beach Planning File #2007-165 and 2007-166 Dear Honorable Mayor Ellis: Sent Via hand delivery and entail: rilaellis(ajnydelraybeach. taro 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 ott or about Apri17, 2007 (date of site plan), and subsequently resubmitted to City Planning and Zoning on August 3, 2007 (stamped date on plans). Select members of our community had been notified from the Delray Beach Planning and Zoning, mailed out on September 4, 2007. Ascot proposes to develop .116 residential townhouse units, on the south side of the, property, and a commercial stmcture of approximately 30,000 square feet. 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 azea, have a considerable stake in our property and value it as a functional and esthetic community in addition to our property's financial worth. After thoroughly reviewing this submittal and making every effort to understand the impact of this development with Delray Beach staff responsible for this proposal, it is obvious that an effort is being made by Ascot to `over-develop' and `over-construct' the Blood's Grove site in order to maximize it's profits, resulting in a severe and unnecessary penalty to the residents of the area. And if Ascot Development is allowed to do this, it will be against the will of the community of residents in the immediate area, and from what was Teamed over the previous several months, against the will of the Delray Beach Community Improvements Department, and the Delray Beach Planning Department. Ascot Development, in order to develop to the extreme in its proposal, has requested multiple variances and now even waivers on the property zoning itself. In each and every case of these variances and waivers, it has been to the benefit of its own financial gain and at the same time undermines the quality, appeazance, safety, security, and character of the surrounding community. Ascot Development's proposal is taking advantage of what appears to be a loophole in the City of Delray Beach's LDR, however, the majority of their proposal develops the Blood's Grove site for residential use, and at the very least, should comply with our City's RM zoning roles consistent with adjacent surrounding residential communities, and should also provide not only for the sake of the surrounding community, but also for the future of the new tenants of the development itself. Sunday, September 9, 2007 HONORABLE MAYOR RiTA ELLIS Page 2 (continued) Ascot is proposing to reduce roadway widths, eliminate required sidewalks, reduce the amount of required upland reserves, significantly increase the density of residential units per acre, destroy and eliminate fencing and environmental buffer between it and adjacent communities, unnecessarily remove all existing vegetation and trees which provide security and safety to adjacent properties, including Orchazd View Community Elementary School, and On;hazd View Pazk, increase the building heights to a level beyond anything in the area, ignore `typical, reasonable, and appropriate' building set-backs from property lines, add significantly to traffic in the area, encroach on Linton Road right of ways in order to acquire more constructible land for commercial parking, and construct over the existing canal, just to name some of the issues we have. Literally thousands of the city's residents will be affected by the City's decisions regazding Ascot's development in the following weeks. Homeowners awaze of this matter fiom properties adjacent to, and nearby this proposed development, such as Hammock Reserve, of which I reside, and other communities, such as Andover, Fox Chase, Highland Grove Estates, Oakmont, Rabbit Hollow, Spanish Wells, Valencia Court, Verona Woods,-,and Whispering Oaks, find-the proposal unreasonable and unacceptable on many levels and request tharthe Ciry 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 Gary EliopOUlos; as of this date have received no response. I would be happy to meet with you directly at out mutual convenience, to discuss the matter further. We urgently request your support on this matter Sincerely, Bob Lamouresux Resident of Dehay Beach, Florida Vice President, Hammack Reserve Homeowner's Association (561)496-7161 bolamo gtnail.com (Distribution list on following page) Distribution List: Rita Ellis, Mayor, City of Delray Beach ritaellis@mydelraybeach.com Gary Eliopoulos, Commissioner, City of Dehay Beach, gpe@mydehaybeach.com Fred Fetzer, Vice Mayor, City of Delray Beach, fetzer@mydelraybeach.com Woodie McDuffie, Commissioner, City of Delray Beach, wmcduffie@mydelrayb~each.com Brenda Montague, Deputy Vice Mayor, City of Dehay Beach, montegue@mydehaybeach.com Susan A. Ruby, Esq. ,City Attorney, City of Dehay Beach Community Land Trust Joseph Gray, Executive Director Kymenski Kemp, Development Manager Community Improvements Lulu Butler Director, Community Improvement Al Berg, Asst Du, Community Improvement Nancy Davila. City Horticulturist City of Delray Beach City Planning CityAttomey@MyDehayBeach.com grayj@ci.dehay-beach.fl.us kemp@ci.dehay-beach. fl.us CIDirector@MyDelrayBeach.com CIDirector@MyDehayBeach.com PemutsLicenses@MyDehayBeach.com Paul Dorling, Duector, Duector, City of Delray Beach Dorling@MyDehayBeach.com Ron Hoggard; Principal Planner City of Dekay Beach Hoggatd@MyDelrayBeach.com Estelio Breto, Senior Planner City of Dehay Beach Breto aQMyDelrayBeach.com Michael Vinci, Assistant Planner City of Delray Beach Vinci@MyDelrayBeach.com Rebecca Tnixell, Staff Assistant R, City of Delray Beach Tnixell@MyDehayBeach.com Planning and Zoning Board Site Plan Review and Appearance Board Germantown Road Homeowners Associations: mviale@prhnemg.com kim@haagcornpanies.com wdiatdbc@aol.com rsmaupin3@aol.com b ert1283 @bellsouth.net mguzi@proskauer.oom dbmnklein@adelphia.net dklein@ad.fau.edu alexsani@gmail.com pennyhammel@comcast.net Page 1 of 1 Valek, Denise From: David Lewin [dllewin@comcast.netj Sent: Friday, September 07, 2007 1:17 PM To: PZmail@MyDelrayBeach.com Subject: File 112007-165 8 2007-166 Candi Jefferson Good Afternoon, [ am an owner of property located in the Shadywoods community. My neighbor gave me a copy of the notice that she received regarding `Midtown Delray' and Che proposed re-zoning. [ am appalled that the City of Delray would even consider such high density development in this location on this site. Please give me all information regarding this proposed action. thanking you in advance, __ Respectfully, David Lewin 4150 Paim Forest Drive.Norfh Delray Beach, FL$3~445 tel:-S61-381-4534 x/11/2007 ~KATZIVtAN 8 KORR • Pmlw~bM AaxMtlen •I nnan~y~ FIARIDA OFFICES FORT LAUDERDALE Muu.Il BOYNTON BEACH W W W.t(etZICOIf.COm Apri16, 2007 Via Tele, jax & Reeular U.S. Mail (561) 243-7221 Mr. Michael Vinci, Assistant Planner City of Dekay Beach 100 N.W. 1'r Avenue Delray Beach, Florida 33444 Re: Hammock Reserve Homeowners Association, Inc. Midtown Village Delray Our File No. 27786 Dear Mr. Vinci: LEIGH C. KATZMAN FERREN L. KGRR RACHEL E. FRYDMAN DAVID A. KUPPItRMAN MARKM. HEWISH KENNHIrI E. ZEtLaERGER TENNn T E M. SHIPwASH HEATHER J: EDIIMnN MAY HUSTEY MARY ANN CEtATa)[AR STEPHEN A. FINAMDRE I wanted to take this opportun{ty to thankyou ,for your quick response concerning my client, Hammock Reserve Homeowners Ass6ciatton„Irtc.'s inquiries about the Midtown Delray project. As I indicated; my office is geiiecal counsel 4o Hammocks Reserve:: The Board thereof has expressed certain concems with respect to what they believe to be the planned development adjacent to their community (i.e. the Midtown Village project). As we discussed, it appears that the project is being developed by Ascot Development and you. and I briefly reviewed information on Ascot's website concerning the project. Based upon what I understand to be your further research in the matter, the City of Delray has no documentation on file concerning the development of the subject property, including site plans, requests for variance, request for zoning change, orany other application I have advised my client of the foregoing, and they will continue to monitor tine situation. Should my understanding of your findings be incorrect, please contact me immediately. Be that as it may, my client does have certain concems with respect to the apparent land development and the site plan which I downloaded from Ascot Developments's website. Copies of the foregoing documents are enclosed herewith These concerns include the following: 1. The set backs to the units adjacent to Orchard Lane appear to be inadequate. My client believes ahaY at least as. proposed; .the scalerof the proposed development exceeds the,ch..aracter of Hammocks Reserve and as such, the set backs shoiil'd be significantly increased; :, ~~i`. r„y1 APR 1 ~` 2007 1501 Northwest 49th Street • Suite 202 • Fort lauderdale, Florida 33309 • Tel 954.486.7782 Mr. Michael Vinci, Assistant Planner City of Delray Beach 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 similar in design to the wall around the adjacent azeas of Hammocks Reserve. Similazly, the Boazd desires some type ofplanting buffers be installedbetween the developments; and 3. The height of the buildings appear to be out of scale to the general 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 oT 1 i~ December 10, 2007 Carla Stewart 4780 Temple Drive Delray Beach, FL 33445 and Hammock Reserve HOA c/o Prime Management Group 6300 Park of Commerce Blvd Boca Raton, FL 33487 RE: Midtown Delray, LLC, Rezoning Application Dear Ms. Stewart and the Hammock Reserve HOA: This letter is intended to provide additional expert planning evaluation and conclusions related to the subject rezoning application. As you know, I submitted detailed analysis of The Midtown Delray project to the CiTy Commission on 10-16 showing that the project as proposed is inconsistent with your Comp Plan and Zoning Code, and not compatible with the area. Those comments have not changed. I have recently had the opportunity To review the original Blood's Grove SAD Ordinance and can provide the following conclusions: The Midtown Delray project far exceeds the development intensity of the Blood's Grove SAD Ordinance # 51-95 which slates "maximum floor area for the combined uses is not to exceed 65.000 square feet." The Midtown Project has approximately 168,000 square feet of floor area of combined uses which is 158% above The Blood's Grove SAD limit. This eliminates any argument by project proponents that the current project is similar or less in development intensity and density than the original 1995 SAD approval. Midtown Delray expands the previous Blood's Grove project by almost 3 times. This is not a mixed use project as is the intent of The SAD: The office and residential parts are not inter-connected in any way. Based on the documents I had available, the project does not appear to qualify for a density increase per the City's Affordable Housing Ord. 18-06. Midtown Delray (Transitional land use) is not located in any of the 3 affordable housing incentive districts and Zones described in the City's Comp Plan and 18-06. The projects must be located in those areas To qualify for density increases. These districts/zones are generally located east of I-95. The 32 units given to the developer based on the Affordable Housing Ord should be removed in my opinion. Thus, the project is not compatible in density or scale to the neighborhood, is inconsistent with the City's Comp Plan and Zoning Code, nearly triples The development allowed under the prior Blood's Grove SAD, and and does not qualify for Affordable Housing density increase. I hope this information is helpful. Please contact me if you have any questions or comments. Sincerely, Henry Iler, AICP ~ President Iler Planning Group 561 626 7067 x101 561 626 5292 fax ,~\ Harbour Point Piaza 11000 Prosoerity Farms Road. Suite 206 Palm Beach Gardens, FL 33410 www.ioaolan.com 2 6 v N J Z O (D v m rn N 0 0 ~ ~~ m °' ~ 0 r (~ O o D ~ ~ 0 m G = ~ m ~ ~ ~ ~ ~ z 0 s D ~ ~ n ~ r.. ~ °- m D m ~ n ° ~ 2 o n m ° O ~ m ~ m n a ~ °' w cwn o a ~ w ~ o iv ~ m D ~ m m 0 m z w ~ w ~ ~ j ~ ~ ~ m o a U, ~ a cn rn y r C Z ~ N V ~ CO ~ V ~ ~ ~ i ~ C77 > m N W Z O O ~ m A (O U7 CO ~ ~ Z 0 z m W U7 fD N i U N W V O ~ (O A N ~ N W W ~ Z V W W V O O O CT ~ D r T SECTION 4.3.4 (H) (6) (b) 5. 5. Along Conoress Avenue, from the L-38 Canal northward to the L- 30 Canal, 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'). [Amd. Ord. 17-99 6/15/99] 6. Along Military Trail, from the L-38 Canal northward to the L-30 Canal, 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'). [Amd. Ord. 17-99 6/15/99] (c) Combination Building and Landscaae Setbacks: Within the following special setbacks, no structures shall be altered, erected, or reconstructed. Further, within the first ten feet (10') thereof there shall be no paving except for driveways and sidewalks which lead to structures on, or provide access to, the site and then only when generally perpendicular to the frontage. Along South 10th Street and Lowson Boulevard, extending from S.E. 6th Avenue to Military Trail, a thirty foot (30') special combination setback shall be provided. (7) Reduction Along Cul-De-Sacs: When at least fifty percent (50%) of the frontage of a lot is located on a cul-de-sac, the front building setback may be reduced by five (5) feet. [Amd. Ord. 12-91 3/13/91] (I) Density: (1) Defined: Dehsity fs the calculation of the number of residential dwelling units allowed per gross acre of the land~[o'~e developed. The approved density for any project may be less than that defined as the maximum in that a project is reviewed in its totality and, in addition to meeting density requirements, it must comply with all other provisions of these regulations. (2) Calculation of Unit Count: The allowable unit count is determined by the maximum number shown for the base zoning district as reflected in the Matrix [Section 4.3.4(K)]. This number is multiplied times the lot area expressed in acres and rounded to one-hundredth of an acre. When a fraction exists, it shall be rounded down. 4.3 - 62 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS /~~__ ~~~/ FROM: CANDI N. JEFFERSON, SENIOR PLANNER ~ ~~~'------, PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER ~ ~-SSIS`~"t C~1 ~ ~~bic~.ti.,kt't 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. 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 Plan. The Planning and Zoning Board recommended approval of Waiver #4 to provide a sidewalk on one side of the street instead of the required sidewalks on both sides of the street [LDR Section 6.1.3 (D)(1)(b)], by a vote of 7 to 0, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.7(6)(5) (Waiver Findings) of the Land Development Regulations, and the Goals and Objectives of the Comprehensive Plan. The Planning and Zoning Board recommended denial of Waiver #5 to provide relief from the required thirty foot (30') landscape buffer along Linton Boulevard [LDR Section 4.3.4.(H)(6)(b)(4)], by a vote of 3 to 4, based upon a failure to make positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.7(6)(5) (Waiver Findings) of the Land Development Regulations, and the Goals and Objectives of the Comprehensive Plan. Subsequent to the recommendation of denial of Waiver #5 by the Planning and Zoning Board, it was determined that relief from the required thirty foot (30') landscape buffer is not deemed necessary. At its meeting of October 16, 2007, the City Commission approved on first reading Ordinance 46-07 which amended Blood's Grove Ordinance No. 51-95, to allow the construction of 116 townhouse units and a 29,571 sq. ft. medical office building, with the following directions: That aesthetic improvements are made to make the architectural elevations more visually appealing. This should include measures to reduce the height and mass of the townhouse units; That alternative ingress/egress to the residential portion of the site be considered; • That the proposed landscape perimeter buffer along the west property line shall be substantially increased; and, • That efforts be made to minimize the requested waivers with particular direction that the required 25% open space preserve requirement be met. 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) 7. 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; 3 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 4 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; 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 11, 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. I. 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 10./~~ 2 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. 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 11~' 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 include Gear 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. That there be some variation in the colors of the buildings. 4 SITE PLAN REVIEW AND APPEARANCE BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: October 24, 2007 AGENDA ITEM: Iv. c. 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: OwnerlApplicant ....................... Midtown Delray, LLC `"" " Location ...................................... Southwest corner of Linton Blvd. and Old t Germantown Road Property Size .............................. 9.86 acres Existing FLUM ........................... TRN (Transitional) Proposed FLUM ......................... No Change Current Zoning ............................ SAD (Special Activities District) - Bloods Grove Proposed Zoning ........................ SAD (Special Activities District) - Midtown Delray Adjacent Zoning ................NOrth: East: South West: Existing Land Use ...................... Proposed Land Use. Water Service ......................... Sewer Service ....................... RL (Multiple Family Residential -Low 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 ITEMi ~EFOt~~ 'TM ~C'~AR'D 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). BA£1CGR4}UNLlI 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 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 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. PRt7'J~CT [~~~'C~tif'T'ICiN 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. SI'1 E PLAN ANAt_'YSIS 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 wired 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 Midtown 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) RM-8 (Multiple Family Residential - 8 Hammock Reserve South: 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" file 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 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 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. (fJ 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. Parkin 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 Parkins: 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. Standard' S . Ft. Providetl S . Ft. Total Units Gnmpliartce 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 8 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. Lishtins 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. Open Space 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. 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 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- 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. 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 Sile 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 8r 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. LAN©SC4PE AlNA1YS13 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. 2. 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 B-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 Y<" =1' for the typical landscape designs in front of units. Some areas seem too small for the Live Oaks proposed. 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. A.RCHITECTURALi ELEVATIONS LDR Section 4.6.18(61(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" the 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 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 LDR Section 4.6.18 (E), provided all conditions of approval are met. RfQUiFtE.D BINDINGS '' 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(8)(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(6) - 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: Propen'y 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. 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 proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Site Plan Review & 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 Pafm, 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: Housing Element Policy B-2.2 -The development of new adult oriented communities within the City is discouraged. New housing developments shall be designed to accommodate households having a range of ages, especially families with children, and shall be required to provide 3 and 4 bedroom units and activity areas for children ranging from toddlers to teens. This requirement may be waived or modified for residential 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 (Fl (5) -Compatibility (Site Plan Findingsl: 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. FtE~/IE1IY BY ©'~H~~S i 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. AS!SESSM~N'f AND Cr~NCLU'S1OAI 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. ALTERNATIVE. ACT1C)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 RE.CpMMENC?AT14N 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. Landscape 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 & 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 /~PP!EtJDFX "A" C+©hIC43Rf2ENCY' FINDINCaS Pursuant to LDR Section 3.1.1(6), Concurrency, as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan, must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, ar 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 Performance Standards Ordinance has been received, and thus, positive findings with respect to traffic concurrency can be made. Parks and Ooen Space: The proposed 116 residential dwelling units will not have a significant impact with respect to level of service standards for parks and recreation facilities. However, pursuant to LDR Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each unit. A total fee of $58,000 will be required of this development for parks and recreation purposes prior to issuance of a building permit and it is attached as a condition of approval. Solid Waste: The proposed 116 residential units will generate 60.32 tons of solid waste per year (116 units x 0.52 tons = 60.32 tons). The medical office component of the proposed development will generate 68.01 tons of solid waste per year (29,571 sq. ft. x 4.6 tons = 136,026.6 / 2000 = 68.01 tons). The solid 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. AP~'EN`.tS1X L# `' STANt)AR'DS FdR SITE PLAN ACTIONS 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. ant of standard X subject to condition 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. intent of standard ~ X (subject to 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. ~licable ~ X ntent of standard of 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. X Does Appendix C Page 2 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 Meets intent of standa~ 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. 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 APiPENRifiX ~' '' SITE PLAN ENGINEER TE-CNNICALiITEMS Preliminary Enaineerina 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 Zabel 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 Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: November 28, 2007 SUBJECT: AGENDA ITEM 10.B. -REGULAR COMMISSION MEETING OF DECEMBER 11.2007 ORDINANCE NO.55-07 ~RST READING /FIRST PUBLIC HEARING) 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 constkute 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, 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 originally considered the subject amendments at its meeting of November 19, 2007. The item was tabled to the Special Meeting of December 3, 2007 over concerns relating to the requirement to submit a complete redevelopment proposal with all demolition requests of both contributing and non-contributing structures. At the meeting of December 3, 2007, the Planning and Zoning Board considered the subject amendments for a second time. The Staff Report provided the Board with three "Options' (see Appendix A of the attached Planning and Zoning Board Staff Report) to the proposed language of LDR Section 4.5.1(E)(6). After significant discussion, the Board recommended "Option C" to be included with LDR Section 4.5.1 (E)(6) which permits a demolition request for a structure, regardless of its historic classification, to be reviewed and approved by the HPB without concurrent review of the redevelopment plans, yet does not allow the demolition to take place until the building permit has been issued for the site's redevelopment. The current and proposed language is as follows: Current Ordinance: Demolition of historic eitea~or archaeological sites, or buildings, structures, improvements, and appurtenances within historic districts iviNshall be regulated by the Historic Preservation Board in the manner described in Section 4.5.1(F). Demolition applications shall be accompanied by a until a building permit has been issued for the redevelopment. Proaosed Lan9uaae: Demolition of historic sites; or archaeological sites, or buildings, structures, improvements, and appurtenances within historic districts iriNshall be regulated by the Historic Preservation Board in the manner described in Section 4.5.1(F). Demolition_of any structure, whether contributn~or ORDINANCE NO. 55-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH BY AMENDING SECTIONS 1.4.3, "ENFORCEMENT" AND 1.4.4, "PENALTY", PROVIDING THAT NEGLECT SHALL CONSTITUTE A NUISANCE AND PROVIDING FOR ENFORCEMENT AND PENALTIES; AMENDING SECTION 2.2.6, "THE HISTORIC PRESERVATION BOARD", SUBSECTION 2.2.6(C), "MEETING AND QUORUM", PROVIDING FOR VOTING; AND AMENDING SUBSECTION 2.2.6(D), "DUTIES AND RESPONSIBILITIES", PROVIDING FOR EXPRESS AUTHORITY FOR THE HISTORIC PRESERVATION BOARD TO APPLY THE HISTORIC COMPATIBILITY REGULATIONS; SUBSECTION 4.5.1(E), "DEVELOPMENT STANDARDS", SUBSECTION 4.5.1(E)(6), "DEMOLITION", AND 4.5.1(F), "RESTRICTIONS ON DEMOLITIONS", PROVIDING REQUIREMENTS FOR THE APPLICATION AND APPROVAL FOR DEMOLITION; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Dekay Beach has the authority to protect the health, safety and welfare of its citizens; and WHEREAS, the City Coxtunission 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 fox the welfare of future generations; and WHEREAS, the City Commission of the City of Delray Beach desires to preserve the property values of all land owners in historic districts and/or individually designated historic properties; and WHEREAS, the City Commission of the City of Dekay Beach desires to clarify the language in its Land Development Regulations pertaining to historic properties/districts in order to provide guidance for those citizens that live or own property in historic properties/districts. WHEREAS, the City 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, facade, openings, rhythm, materials, color, texture, roof shapes direction, lot coverage and square footage; and WHEREAS, the City Commission desires and intends that the limitations provided in the overlay and zoning district regulations shall serve as a maximum upper limit and these Historic Pxeseroation 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/Hearing Officer and County Court: When The City Code Enforcement Board/Hearing Officer and County Court in Palm Beach County shall have concurrent jurisdiction to hear and decide cases seeking compliance with these regulations or an oxdex to correct a violation and when a hearing is sought with respect to an alleged violation, the matter shall be decided by the Code Enforcement Board Hearin Officer pursuant to Chapter 37 of the City Code. (B) A Certificate of Occupancy shall not be issued for any building, ox structure, ox portions thereof, that fails to meet all applicable requirements of these Land Development Regulations. The use of a building without proper issuance of a Certificate of Occupancy is a violation of Code and shall be grounds fox issuance of a stop work oxdex ox cease and desist order 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. fD) The neglect of individually designated historic structures and/ox structures located within historic districts shall constitute a "nuisance" violation of the City's Code of Ordinances pursuant to Section 100.10. Section 2. That Section 1.4.4, "Penalty", of the Land Development Regulations of the Code of Ordinances of the City of Dekay Beach, Florida, is hereby amended to read as follows: Section 1.4.4 Penalty: 2 ORD. NO. 55-07 (A) Violation of the provisions of these Regulations, ox failure to comply with any of its requirements, including violations of conditions and safeguards established in connection with grants of variances 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 or imprisoned for not more than 60 days, ox 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 or 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 ox in accordance with its certificate of appropriateness xequixed by the Historic Preservation Board. (D) Structures that axe individually designated as historic ox are located in historic districts shall be maintained in a secure and attractive manner. Neglect of historic structures/structures in a historic district shall constitute a "nuisance" violation pursuant to Section 100.10 of the City's Code of Ordinances and shall result in maximum penalties. fBjj__)E Nothing herein shall prevent the City of Dekay Beach from taking such other lawful action deemed necessary to prevent ox remedy any violation. Section 3. That Section 2.2.6, "The Historic Preservation Board", Subsection 2.2.6(C), "Meetings and Quorum", of the Land Development Regulations of the Code of Ordinances of the City of Dekay 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) hda An application fox a Certificate of Appropriateness shall be ORD. NO. 55-07 a~nroved by a majority of the members present and voting. Section 4. That Section 2.2.6, "The Historic Preservation Board", Subsection 2.2.6(D), "Duties, Powers and Responsibilities", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: (D) Duties, Powers and Responsibilities: (1) Develop, maintain, and update a survey of archeological sites, properties, buildings, structures, and districts of special historic, aesthetic, architectural, cultural, ox social value or interest The Board will endeavor to improve, expand, and make mare 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/or historic districts. (3) Participate in the National Register program to the greatest possible extent, as defined by the 1981 and subsequent amendments to the Historic Preservation Act of 1966 and regulations and rules drafted pursuant hereto by the National Paxk Service and the State Bureau of Historic Preservation. (4) Act as a regulatory body to approve, deny, or modify certificates of appropriateness as specified in Section 2.4.6Q). The Historic Preservation Board shall have authority to apply more restrictive standards than the maximums identified in the zoning reeulations in order to achieve visual compatibility in accordance with 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 strucmres 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 for 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 fox historic sites and within historic districts. Such guidelines will be subject to review by the Site Plan Review and Appearance Board and the Planning and Zoning Board, and will be subject to approval by the Commission. The Board's consideration and approval of certificates of appropriateness under these guidelines shall be in lieu of consideration and approval by the Site Plan Review Board. (S) 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 xecommendadons 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 for which demolition or destruction is proposed. (13) In the name of the City, and only with the express approval of the Commission, seek, apply for, solicit, receive, and expend any federal, state, ox private grant, 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 Pxeseroation Manual fox the City to help property owners fulfill the regulations and requirements of this section and the regulations for historic preservation developed by the Historic Preservation 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 Delray Beach, Florida, is hereby amended to read as follows: Section 4.5.1 Historic Preservation Sites and Districts: (E) Development Standards: (6) Demolition. Demolition of historic situ ox archaeological sites, ox buildings, structures, improvements, and appurtenances within historic districts will shall be regulated by the Historic Preservation Board in the manner described in Section 4.5.1(F~. Demolition applications shall be accompanied by a complete application fox redevelopment of the pxop_extTAppxovals fox demolition shall not be granted until the redevelopment application has been approved. The demolition shall not occur until a buildingPexmit has been issued fox the redevelopment. Section 6. That Section 4.5.1, "Historic Preservation Sites and Districts", Subsection 4.5.1(F), "Restrictions on Demolitions", of the Land Development Regulations of the Code of Ordinances of the City of Dekay Beach, Florida, is hereby amended to read as follows: (F) Restrictions on Demolitions: No structure within a Historic District ox on a ORD. NO. 55-07 Historic Site shall be demolished without first receiving a Cexdficate of Appropriateness pursuant to Section 2.4.6(Hl €ex-tka~iurpese. 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 pxopexry owner, shall consider the following guidelines in evaluating applications fox a certificate of appropriateness fox demolition of designated historic sites, historic interiors, or buildings, structures, ox appurtenances within designated historic districts; (a) Whether the structure is of such interest 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, ox 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 welfare of the city by providing an opportunity to study local history, architecture, and design, ox by developing an understanding of the importance and value of a pazticulaz culture and heritage. (e) Whether there axe de€irtife a~oroved plans fox immediate reuse of the pxopexry if the proposed demolition is carried out, and what effect those plans will have on *'-° -'-~---'--~` the surrounding area. (2) No decision of the Boazd shall result in undue economic hardship fox the property owner. The Boazd shall have authority to determine the existence of such hazdship in accordance with the definition of undue economic hardship found in Subsection (H). (3) The Board's refusal to giant 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 pxopexry owner, fox demolition which may provide for a delayed effective date. The effective date of the certificate will be determined by the Board based on the relative significance of the structure and the probable time required to arrange a possible 7 ORD. NO. 55-07 alternative to demolition. the Board may delay the demolition of designated historic sites and contributing buildings within historic districts for up to six months while demolition of non-contributing buildings within the historic district may be delayed for up to three months. (5) During the demolition delay period, the Board may take such steps as it deems necessary to preserve the stmctuxe concerned. Such steps may include, but axe not limited to, consultation with community groups, public agencies, and interested citizens, recommendations fox acquisition of property by public ox private bodies, ox agencies, and exploration of the possibility of moving one or more structures ox other features. (6) The Board may, with the consent of the property owner, request that the owner, at the owner's expense, salvage and pxeseroe specified classes of building materials, architectural details and ornaments, fixtures, and the like fox reuse in the restoration of the other historic properties. The Board may, with the consent of the property owner, request that the Dekay Beach Historical Society, ox the owner, at the owner's expense, record the azchitectuxal details fox archival purposes prior to demolition. The recording may include, but shall not be limited to photographs, documents, and scaled azchitectuxal drawings to include elevations and floor plans. Two 21 copies of such recordings shall be submitted to the City's Planning and Zoning Department. One (1 to be kept on fde 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, axchitectuxal details, and ornaments, textures, and the like at their expense, respectively. The owner shall provide the following information on his/hex annlication fox any contributing structure in a historic district ox individually designated historic structure: ~ A certified report from a registered architect ox engineer which provides documentation explaining that the building_is structurally unsound and is dammed beyond the ability to repair it at a reasonable cost. The report must include photographs to substantiate the damage. (bl A certified report from an engineer. architect. general contractor, ox other qualified professional which documents the projected cost of repairing the structure and returning it to a safe and habitable condition. ~l An appraisal of the pxopexty in its current condition. its value as vacant land and its potential value as a pxeseroed and restored historic 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 Dekay Beach to which the contributing/ individually designated historic structure could be safely relocated. Section 7. That should any section ox provision of this ordinance or any portion thereof, any paragraph, sentence, ox 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 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 final reading. PASSED AND ADOPTED in regular session on second and final reading on this day of .2007. MAYOR ATTEST: City Clerk First Reading_ Second Reading 9 ORD. NO. 55-07 PLANNING AND ZONING BOARD MEMO~NDUM STAFF REPORT MEETING DATE: DECEMBER 3, 2007 AGENDA ITEM: III. 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 BEFORE THE 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, December 3, 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. Planning and Zoning Board Consideration LDR Section 4.5.1(E)(6) -Demolition The attached Ordinance (55-07) was considered by the Board at its meeting of November 19, 2007. However, upon discussion primarily regarding the proposed changes to LDR Section 4.5.1(E)(6) which requires that a complete redevelopment application be submitted with all demolition requests, a recommendation to City Commission was tabled to the Special Meeting of December 3, 2007. Taking the aforementioned discussion into consideration, Staff has included options in the attached Appendix A for the Board to consider as part of the recommendation to City Commission. The options provide for the requirement of a complete redevelopment application with a request to demolish ahistoric/contributing structure. It should be noted that the general intent in requiring redevelopment plans upon requesting demolition of a structure within a historic district, whether contributing or non-contributing, is to avoid the removal of a viable structure which would subsequently leave a void in the neighborhood without the promise of redevelopment. If the structure is in disrepair and poses a health and safety threat to the public, there are additional provisions pursuant to LDR Section 4.5.1(G) which states the following: Planning and Zoning Board Memorandum Staff Report, December 3, 2007 Amendment to LDRs re: Nuisance and Demolition -Ordinance 55-07 `7n the event the Chief Building Official determines that any structure within a designated historic site or designated historic district is unsafe pursuant to the applicable Code of Ordinances, the Chief Building Official will immediately notify the Board of his findings. Where appropriate and in accordance with applicable ordinances, the Chief Building Official will attempt to have the structure repaired rather than demolished, and will take into consideration any comments and recommendations by the Board. However, the provisions contained within division (A) of this section shall not apply to the Chief Building Official's declaration that a building is unsafe, nor will the Chief Building Official be precluded from taking whatever steps, as may be required by applicable ordinances to protect the public health and safety of the community. The Board may also endeavor to negotiate with the owner and interested parties, provided such actions do no interfere with procedures in the applicable ordinances." Contributing vs. Non-contributing In addition to the above, the Board felt it was necessary to provide clarification as to the classification of contributing and non-contributing structures within designated historic districts. As outlined in the Delray Beach Historic Preservation Design Guidelines, the terms contributing and non-contributing are defined and described as follows: A contributing building, site, structure, or object adds to the historic architectural qualities, historic associations, or archaeological values for which a district is significant because: • It is usually more than 50 years old; • It was present during the "Period of Significance'; and; • It possessed historic integrity reflecting its character at that time; • Or is capable of yielding important information about the period, or,~ • It independently meets the National Register criteria. A non-contributing building, site, structure or object does not add to the historical architectural qualities, historic associations, or archaeological values for which a district is significant because: • It usually is not more than 50 years old; • It was not present during the "Period of Significance'; • It no longer possesses its historic character which would reflect its original character, and; • It is not capable of yielding important information about the period. For example, a structure constructed over fifty years ago may have been altered so significantly that it has lost its historic integrity and the original structure and its associated detailing is not evident. Therefore, the structure would likely be deemed non-contributing to the historic district designation. The above noted criteria is used when a preservation professional is "surveying" a property to determine its classification as to whether or not it contributes to the historic district within which it is located. "Surveys," also known as Florida Master Site File Forms, are completed and filed with the State of Florida's Bureau of Historic Preservation, Division of Historical Resources, Florida Master Site File office which maintains Florida's inventory of known and/or recorded historic structures and archaeological sites. The classification provided in the "survey" is utilized by Staff in reviewing development proposals and/or informing the public of a property's classification. However, from time to time, it may be determined by Staff that sufficient research was not conducted in coming to the conclusion as to whether or not the structure was accurately classified, which may happen with all types and ages of structures. Staff may provide this new research to the HPB which is to be taken into consideration upon review of a development proposal. Regardless, the classification noted on the survey is the underlying classification and Planning and Zoning Board Memorandum Staff Report, December 3, 2007 Amendment to LDRs re: Nuisance and Demolition -Ordinance 55-07 would not be changed until the property is resurveyed and a Master Site File form filed. Additional clarification of the above noted terms will be provided to the Board, if necessary. The subject Ordinance is now before the Board for recommendation to the City Commission. 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, and that the two requests be reviewed and decided upon concurrently. Further, the new language requires 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). R£4UIRED )+FjpINGS' LDR Section 2.4.5(M)(5) (Findings): Pursuant to LDR Section 2.4.5(M)(5) (Findings), in addition to LDR Section 1.1.1i(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. Planning and Zoning Board Memorandum Staff Report, December 3, 2007 Amendment to LDRs re: Nuisance and Demolition -Ordinance 55-07 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 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. Housing Element Objective A-10 The City shall support the conservation and rehabilitation of historically significant housing, especially where such housing is an identifying characteristic of a particular neighborhood. Housing Element Policv A-10.1 This objective will be implemented in accordance with the standards and criteria of Section 4.5.1 of the Land Development Regulations, Historic Preservation Sites and Districts. Housing Element Policv A-10.2 The City will promote the use of historic designations as a revitalization tool in its preparation of Neighborhood Plans for those areas which have a significant inventory of historic structures. Housing Element Objective A-12 To assist residents of the City in maintaining and enhancing their neighborhood environment, the City shall take steps to ensure that modifications in and around the neighborhood do not lead to its decline, such as those described in the following policies. Housing Element Policv A-12.4 The City will provide planning and technical assistance to implement neighborhood-supported initiatives aimed at preserving the character of existing residential areas. Such assistance may involve the formulation of regulations that would limit the size and scale of new homes to be consistent with existing structures within a defined Planning and Zoning Board Memorandum Staff Report, December 3, 2007 Amendment to LDRs re: Nuisance and Demolition -Ordinance 55-07 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 Manaaement 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 redeveloped with a sympathetic blending of the demands of economic development and historic preservation. Coastal Manaaement 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 Manaaement 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. ?QSSESSME~IT 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. Planning and Zoning Board Memorandum Staff Report, December 3, 2007 Amendment to LDRs re: Nuisance and Demolition -Ordinance 55-07 RE{/I~UII B'f C}'f`H£R5 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. ALTERNATIHE ACTIONS 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. • Appendix A Planning and Zoning Board Memorandum Staff Report, December 3, 2007 Amendment to LDRs re: Nuisance and Demolition -Ordinance 55-07 APPENDIX A -- LDR Section 4;5.1(E)(5) LDR Section 4.5.1(E)(6) currently states the following: (6) Demolition of historic sites, archaeological sites, or buildings, structures, improvements, and appurtenances within historic districts will be regulated by the Historic Preservation Board in the manner described in Subsection (F). The proposed amendments to the subject LDR Section is as follows: (6) Demolition Demolition of historic sites or archaeological sites, or buildings, structures, improvements, and appurtenances within historic districts will shall be regulated by the Historic Preservation Board in the manner described in Section 4.5.1(F). Demolition applications shall be accompanied by a complete application for redevelopment of the been issued for the redevelopment. Staff has provided the following three (3) options for Board consideration which may be included in the recommendation to the City Commission: Option A. (6) Demolition Demolition of historic sites or archaeological sites, or buildings, structures, improvements, and appurtenances within historic districts wiN shall be regulated by the Historic Preservation Board in the manner described in Section 4.5.1(F). Demolition applications for historic/contributing and/or individually desionated structures shall be accompanied by a complete application for redevelopment of the propertv. Approvals for such demolition shall not be oranted until the redevelopment Option A Analysis Option A has been revised to specify that historic/contributing and/or individually designated structures be accompanied by a redevelopment application at the time of the demolition request, that the demolition request for historiGcontributing and/or individually designated structures not be granted until approval has been granted for the redevelopment, and that demolition of any structure requiring review by the HPB not occur until a building permit has been issued for the redevelopment. Further, the structure(s) to be demolished will be required to be maintained in a manner consistent with the time of demolition application. This is to ensure maintenance of the structure, property, and historic district through the upkeep of all properties. Option B. (6) Demolition Demolition of historic sites or archaeological sites, or buildings, structures, improvements, and appurtenances within historic districts will shall be regulated by the Historic Preservation Board in the manner described in Section 4.5.1(F). a. Demolition applications for historic/contributino and/or individually designated structures shall follow the following procedures: i. be accompanied by a complete application for redevelopment of the propertv. maintained in a manner similar to that in which it existed at the time of application. Planning and Zoning Board Memorandum Staff Report, December 3, 2007 Amendment to LDRs re: Nuisance and Demolition -Ordinance 55-07 ii. Approvals for demolition shall not be granted until the redevelopment application has been approved. iii. The demolition shall not occur until a building permit has. been issued for b. Demolition applications for non-historic/non-contributing structures shall follow the following procedures: i. The demolition shall not occur until a building permit has been issued for the redevelopment. c. All structures approved for demolition and awaiting issuance of a building permit for the redevelopment shall be maintained in a manner similar to that in which it existed at the time of application. Option B Analvsis Option B has been revised to outline procedures for demolition proposals for contributing, non- contributing, and individually designated structures. Proposals to demolish historic/contributing and/or individually designated structures will require submittal of a redevelopment application at the time of the demolition request, that the demolition request for historic/contributing and/or individually designated structures not be granted until approval has been granted for the redevelopment, and that demolition of any structure requiring review by the HPB not occur until a building permit has been issued for the redevelopment. Further, the structure(s) to be demolished will be required to be maintained in a manner consistent with the time of demolition application. This is to ensure maintenance of the structure, property, and historic district through the upkeep of all properties. Option C. (6) Demolition Demolition of historic sites or archaeological sites, or buildings, structures, improvements, and appurtenances within historic districts wiN shall be regulated by the Historic Preservation Board in the manner described in Section 4.5.1(F). Demolition of any structure whether contributing or non-contributing, shall not occur until a building permit has been issued for the HPB approved redevelopment. All structures approved for demolition and awaiting issuance of a building permit for the redevelopment shall be maintained in a manner similar to that in which it existed at the time of application. Option C Analvsis Option C has been revised to require that the proposed demolition of any structure requiring review by the HPB will not require the submittal of redevelopment plans upon application for demolition and that the demolition not occur until a building permit has been issued for the redevelopment. Further, the structure(s) to be demolished will be required to be maintained in a manner consistent with the time of demolition application. This is to ensure maintenance of the structure, property, and historic district through the upkeep of all properties. Note: It should be taken into consideration that pursuant to LDR Section 2.4.1(A), Concept Plan Review, is an option for all proposals. While this review is non-binding, the Board will review and comment on the proposal concept at a public meeting. MEMORANDUM TO: Mayor and City Commissioners FROM: Mazk McDonnell, AICP, Asst. Director of Planning and Zoning Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager ~~ DATE: November 27, 2007 SUBJECT: AGENDA I_TEM 10.C. -REGULAR COMMISSION MEETING OF DECEMBER 1~ 2007 ORDINANCE N0, 97-07.~FIRST READINGIFIR_.ST PUBLIC HEARING) TI'EM 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 azeas. (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 pazcel provided that such storage facilifies aze 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 worts, 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). 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 AUan6c 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). 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 EFFECTNE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on 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 normally 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 separate structure or within a structure housing anon-residential use. DELETED (a), (b), (c). (3) Family Day Care (4) Parking lots and refuse storage azeas (5) Outdoor dining areas which are accessory or supplemental to a restaurant or business use, provided the operation of the outdoor dining area is limited to daylight hours. (6) Within the following described azeas, the uses allowed as accessory uses in Section 4.4.13(Cl pursuant to the base district and special resulations of the Central Business District reeulations shall also be allowed in the OSSHAD: (a) Lots 13-16, Block 60 (b) Lots 1- 4, Block 61 (c) Lots 1- 7 and 19-24, Block 69 (d) Lots 7- 8, and the South 34.75 feet of Lot 6, Block 75; and (e) Lots l- 6, Block 76 Section 3. 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 4. That all ordinances or parts of ordinances in conflict herewith be, and the same aze hereby repealed. Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading. 2 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 Second Reading 3 ORD. NO. 57-07 PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: NOVEMBER 79, 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. ITEM BEFORE THE B0,4RD 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. BACKG ~tO1J ND/ANkLYSIS 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 (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 FtEQUfRED"FINDIAIGS 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 ETHERS' 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. ASSESSMENTANf7 C©NCE.lIS14N 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. ALTEFtNATivE ACTI©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). REGf)MMENDED AGTICN 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: FROM: THROUGH DATE: SUBJECT: MAYOR AND CITY COMMISSIONERS RONALD R. HOGGARD, JR., AICP, PRINCIPAL PLANNER PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING ~ ;~ n . CITY MANAGER ~,3,~ ~Ut ITEM BEFORE COMMISSION Consideration of City-initiated amendments to the Land Development Regulations which intend to clarify the current regulations, provide parameters, and define compatible development within the City's five (5) historic districts and individually designated properties. BACKGROUND The primary purpose of the amendments is to clarify the intent of the existing regulations and guidelines, while objectively evaluating the compatibility of proposed new development with both historic and non-historic development. The objective criteria will help both the public and the Historic Preservation Board to determine what will be considered compatible development. The Planning and Zoning Board considered the subject amendments at a special meeting on December 3, 2007 and continued the item to its regular meeting of December 17, 2007. Pursuant to LDR 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. Therefore, the City Commission should continue the item to its next meeting. REVIEW BY OTHERS The Historic Preservation Board (HPB) considered the subject amendments at its December 6, 2007 meeting, and continued the item to its December 19, 2007 meeting. The Community Redevelopment Agency (CRA), West Atlantic Redevelopment Coalition (WARC) meetings. RECOMMENDATION Downtown Development Authority (DDA) and will all consider this item at their December By motion, continue the item to January 3, 2007. DECEMBER 7. 2007 MEMORANDUM TO: Mayor and City Commissioners FROM: City Manager DATE: November 28, 2007 SUBJECT: AGENDA ITEM 10 E - BE_GULAR COMMISSION MEETING F DECEMBER 1.1007 ORDINANCE N0.56-07_AMENDING THE COMPOSITION REQUIREMENTS FOR_T_HE KIDS AND COPS_COMMITTEE ITEM BEFORE COMMISSION This ordinance is before Commission for second reading for 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. BACKGROUND At the first reading on November 20, 2007, the Commission passed Ordinance No. 56-07. RECOMMENDATION Recommend approval of Ordinance No. 56-07 on second and final reading. ORDINANCE NO.56-07 AN ORDINANCE OF THE QTY COMIVIISSION OF THE QTY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 32, "DEPARTMENTS, BOARDS AND COMNIISSIONS", 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 COMIvIITTEE; 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 COMNIISSION OF THE QTY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 32, "Departments, Boards and Commission', Section 32.41, "Composition; Terms; Appointment" of the Code of Ordinances of the City of Delray B~ctt, Florida, be and the same is hereby amended as follows: (A) The Kids and Cops Committee shall consist of a rrerrtbexsttip to be selected as follows: (1) A representative from the Parks and Recreation Depamnextt as designated by the Director of Parks and Recreation; (2) A ~Represerttatives, not to exceed three, of the Delray Beach Police Departrrtent, as designated by the Chief of Police; ~ii~ A t - .. .Lv.i...n..L...~t tn.~4t~~ w r .. (5) A representative from eaeb--e€-tlie-feflewi~+g schools Irving Delray Beach residertts as maw designatedbythe respective school principals, i,.~ nt......,..... >r t,.,..,...t.,.~~ - - ~~-- L6~ A citizen-at-large represaitative. The citizen-at-large represantative may be designated by a community civic organization interested in the enhancement of the program or may be designated by the City Commission; ~) Twee-f2~ Three (31 at-large represaltatives appointed by the City Commission The City Commission may appoint other members if a vacancy exists in any category and the City Clerk provides notice to the City Commission that despite reasonable efforts to have the appointrr~rts 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) tcw-year terms. The cturent 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 tow-year terms are authorized by a majority vote of the City Comrrrission (C) If a vacancy should occru~ on the Kids and Cops Committee, the vacancy shall be filled by selection by the person who selects members for each group, and the said selection shall serve for the unexpired term of the member position winch was vacant. (D) The City Commission shall have the authority to approve and ratify all selections to membership on the Kids and Cops Committee, and the City Comrrvssion shall have the authority to remove any member of the Kids acrd Cops Committee from said position whenever a majority of the City Commission votes for such a removal Section 2. That should any seckion or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid Section 3. That all ordinances or parts of ordinances in conflict herewith be and the Sarre are hereby repealed 2 ORD. 56-07 Section 4. That this orduiance shall become effective upoxi its usage on second and final reading. day of MAYOR ATTEST: CityQerk First RParh~~ Second R ' PASSED AND ADOPTED in regtilar session on second and final reading on this 2007. ORD. 56-07 T MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill C. Pyburn, Esq., Assistant City Attorney THROUGH: Susan A. Ruby, City Attorney DATE: November 30, 2007 SUBJECT: AGENDA ITEM_REGULAR COMMISSION MEETING OF DECEMBER 11, 2007 CLOSED DOOR_SESSION -DEL BOLA VIST~LL~ET AI., VV. CITY OF DELRAY BEACH ITEM BEFORE. COMMISSION The Plaintiff in the case of Del Boca Vista, LLC & Kraft Development III, LLC v. City of Delray Beach has offered to settle this case for an amount to be discussed in a closed door session, inclusive of attorney's fees and costs. BACKGROUND Plaintiff alleges violations of the Fiaz Housing development application for an Adult Congregate Congress Avenue just south of Atlantic Avenue. Amendments Act as a result of a denial of his Living Facility that was proposed to be located on RECOMMENDATION City Commission discretion. I~ CITY COMMISSION CITY OF DELRAY BEACH. FLORIDA REGULAR MEETING -TUESDAY, DECEMBER 11, 2007 6:00 P.M. -COMMISSION CHAMBERS AGENDA ADDENDUM THE AGENDA IS AMENDED BY ADDING THE FOLLOWING ITEM: 8. CONSENT AGENDA S. AWARD OF BIDS AND CONTRACTS: 6. Bid awazd to Ron Bell, Inc., the lowest bidder, in the amount of $20,780.00 for the replacement of the roof over the living quarters at Fire Station No. 5. Funding is available from 001-2311-522-46.10 (General FundBuilding Maintenance). 9. REGULAR AGENDA: U. PURCHASE AWARD/MWI CORPORATION: Consider approval of a purchase award to MWI Corporation in the amount of $46,692.00 for a replacement storm water pump at the Thomas Street Pump Station. Funding is available from 448- 5461-538-68.18 (Stonnwater Utility Fund/Stonn Water Pump St Rehab). *~rr~*r*rrr*****rr**r***~**r*~*sr**r~****sr*s~^r-*•r~*srr**s**r**~*****sr**~**s*s Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepazes such record. MEMORANDUM TO: Mayor and City Commissioners FROM: David C. James, Fire Chief THROUGH: City Manager DATE: December 6, 2007 SUBJECT: AGENDA ITEM 8.S.6 -REGULAR COMMISSION MEETING OF DECEMBER 11, 2007 BID AWARD/ RON BELL INC. ITEM BEFORE COMMISSION City Commission is requested to approve $20,780 for the replacement of the roof over the living quarters at Fire Station #5 through Ron Bell, Inc. (lowest bidder). BACKGROUND In 2006, the City paid Ron Bell Inc. $2,030 to repair roof leaks caused by Hurricane Wilma. In 2007, the City paid $15,000 for mold remediation repairs, which was a direct result of the roof leaks. However, during the rainy season this yeaz, more roof leaks were discovered. Ron Bell Inc. (lowest bidder) came out to assess the situation, and quoted repairs in the amount of $4,275 with a limited guazantee. Quotes from two additional companies are also attached. We feel it would be prudent to spend the extra money now to replace the roof, and to bring it up to current building codes, which will help protect the station from any future storms. FUNDING SOURCE Funding is available through our Building Maintenance Budget #001-2311-522-46-10, and request that consideration is given to returning these funds at mid-yeaz adjustment, due to other building maintenance issues that need attention. Staff recommends approval of a purchase awazd in the amount of $20,780 to Ron Bell, Inc. (lowest bidder) for replacement of the roof over the living quarters at Fire Station #5 subject to execution of an agreement for services acceptable to the City Attorney's Office. MEMORANDUM TO: Mayor and City Commissioners THRU: David C. James, Fire Chief THROUGH: City Manager DATE: December 6, 2007 SUBJECT: Agenda Item # - Reeular Meeting of December 11, 2007 Re-Roofing of Fire Station 5 ITEM BEFORE COMMISSION City Commission is requested to approve $20,780 for the replacement of the roof over the living quarters at Fire Station #5 through Ron Bell Inc. BACKGROUND In 2006, the City paid Ron Bell Inc. $2,030 to repair roof leaks caused by Hurricane Wilma. In 2007, the City paid $15,000 for mold remediation repairs, which was a direct result of the roof leaks. However, during the rainy season this year, more roof leaks were discovered. Ron Bell Inc. came out to assess the situation, and quoted repairs in the amount of $4,275 with a limited guarantee. We feel it would be prudent to spend the extra money now to replace the roof, and to bring it up to current building codes, which will help protect the station from any future storms. FUNDING SOURCE Funding is available through our Building Maintenance Budget #001-2311-522-46-10, and request that consideration is given to returning these funds at mid-year adjustment, due to other building maintenance issues that need attention. RECOMMENDATION Staff recommends Commission approve the replacement of the roof over the living quarters at Fire Station #5 in the amount of $20,780. Page 1 of 3 Harden, David From: Schmitz, James Sent: Monday, December 10, 2007 10:36 AM To: Harden, David; Smith, Douglas; Hasko, Richard Subject: RE: Agenda Item - Re-Roofing of Fire Station #5 Ok, I have some background on this now. Clayton was working with Richard Ackerman and now Clayton is out of the office due to surgery. Ron Bell has attempted to repair this building 4-5 times without success and what they have found is that the roof probably was not installed properly to begin with as the nail hole penetrations and the valleys are leaking under the cement tiles. The area in question is +/- 3700 sq. ft. and covers the living space, gym, and kitchen and report room. This does not include the apparatus room. I spoke with Frank from Ron Bell and they will install 30 # felt hot mopped, then 90 # felt hot mopped and install the concrete tiles using a poly foam product rather than nails. Since they have been there 4-5 times and are still chasing the leaks I don't think that we have any other option but to replace this roof. I asked about the 100 sq. ft. of decking replacement at no additional cost and he increased that to 200 sq. ft. at no additional charge. To answer your question, yes, I do agree that replacing this roof is what is needed at this point. Thanks, Jim ext. 7294 From: Harden, David Sent: Sunday, December 09, 2007 4:26 PM To: Schmitz, James Cc: Smith, Douglas Subject: RE: Agenda Item - Re-Roofing of Fire Station #5 Do you agree that replacing this roof is what is needed at this point? From: Schmitz, James Sent: Friday, December 07, 2007 6:26 PM To: Smith, Douglas; James, David; Hasko, Richard Cc: Ackerman, Richard; Harden, David; Schmitz, James; schmitz~@bellsouth.net Subject: RE: Agenda Item - Re-Roofing of Fire Station #S I am sorry that I was unable to respond earlier but we were pretty busy today. I am responding from my home computer so I apologize for any typos. We have had very good success with Ron Bell Inc. He has always done a good job for the City and he is a local contractor that we can depend on. We have a good working relationship with this company and they have never let us down. Unfortunately, many contractors do not follow through with their commitments, but I have never experienced this with this company. I am comfortable with their proposal and I know that they will do a good job and stand behind their work. I would definitely recommend Ron Bell Roofing. If you have any questions, please contact me at 243- 7294 or on my cell at 479-5763. Thanks, Jim Schmitz From: Smith, Douglas Sent: Fri 12/7/2007 4:25 PM To: James, David; Hasko, Richard Cc: Schmitz, James; Ackerman, Richard; Harden, David Subject: RE: Agenda Item - Re-Roofing of Fire Station #5 Mr. Harden has held this item off the December 11 agenda; it will move to the January 3 agenda. He wants Public Works to review the proposal. Public Works can then provide an email stating their recommendation on the proposal. Thanks, Doug Smith Assistant City Manager 12/10/2007 Page 2 of 3 City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 Phone: (561)243-7144 Fax: (561)243-7799 Email: Qmithd(~ci,QQlrey_ eq~E~ From: James, David Sent: Friday, December 07, 2007 3:13 PM To: Hasko, Richard Cc: Schmitz, James; Smith, Douglas; Ackerman, Richard Subject: RE: Agenda Item - Re-Roofing of Fire Station #S Thank you. I was unaware you had not been involved in this process. DCJ David C. James Fire Chief Delray Beach Fire-Rescue Department 501 West Atlantic Avenue Delray Beach. Florida 33444 fames a~ci_delray-beach,fl:us "No person has ever been honored for what they received. Calvin Coolidge From: Hasko, Richard Sent: Friday, December 07, 2007 1:47 PM To: Smith, Douglas Cc: James, David; Schmitz, James Subject: RE: Agenda Item - Re-Roofing of Fire Station #5 Honor has been the reward for what they gave. " - This looks fine, however, in the future, these types of building maintenance activities need to be handled through Public Works. Richard C. Hasko, P.E. Environmental Services Director voice: (561) 243-7336 FAX: (561) 243-7060 email: hasko@ci.delray-beach.fl.us From: Smith, Douglas Sent: Friday, December 07, 2007 1:37 PM To: Hasko, Richard; Diaz, Jabiel; Ballestero, Rafael; Kucmerowski, Carolanne Subject: FW: Agenda Item - Re-Roofing of Fire Station #S Importance: High I wanted to see if anyone at ESD has seen the above agenda item for re-roofing at Fire Station #5 for the 12/11107 agenda; 1 wanted to make sure that you had a chance to review it; if you have any comments, please let me know. Thanks, Doug Smith Assistant City Manager 1 211 012 0 0 7 10/31/2007 22:27 5617310211 RON HELL INC PAGE 01/03 ~I ~,. (.;f:... r~i°0~i1 ~®~a9 DuuVy° 737-7507 31515.W. 14th Place Suite #1 FAX #(561) 731,-0211 Sogntort Beac1L Florida 33926 State ltoa~firg Contractors tic. # CCC037003 ~; COntraM Documents ~-~.f - City of Delray Beach Att: Cheif Richard Ackerman 501 bleat Atlantic Avenue Delray Beach, Florida Deteriptloa of Baildiug: Clty Of Adray Beach Fire Stsaotl #5 Delray Beach, Florida October 31, 2007 Scope of Work: Work confined to east sloped roof section area oo above described building. Description of Work: • Remove sloped cement dle roofing systeme completely from wood deck to allow for a clean applic~aon of fire new raofirlg system. • Renail plywood deck W comply with acw Florida Building Code. (See decwyad woad ~ onpggie two (2) oJ'tlea eontrcct) • install a ASTM 30 tb. organicdry-in felt to wood deck on sloped roof using tin tags and 1.25" roofutg cells in full accedence with state aml local building codes. • install new white etlamel coated, 26 gauge galvanized drip edge flashing at perimeter of sloped roofs. • install a 26 gauge gdvatuzed break metal flashing in all sloped rarf valleys • Supply and install new lead plumbing stack fleshings and galvanized roof verrts to replace existing. • Install a layer of ASTM 901b. file underlayment roofing mettlbrane aver 30 fb. dry-in sheet on sloped roof, using American made "Trumbull" steep grade, type N har asphalt, applied to roof deck at a temperature of approorimately 473° F, and back nailed approximately 12 inches OC. • Supply and instals White on White color thnt, smoodt surfaced I3"Fiat file c~nent roof tle on all sloped roof areas , l~Fiter art rile in va1[eys and install cap the on hip and ridge. Ali ale adhered to roof using PolyFoam adhesive. All bottom course of ale to be nailed into wood deck. • install metal channel attach boards to art hip and ridge using approved fxsnr-ers as per Stain and local building codes. • Use white mortar for peat up around projections and is lap, ridge and valleys. • Run magnet in yard and drive to pick up loose nails and tin tags. • Clean up and heat away all debris. • Pdce iactudes all insurance, permits, licences and fees. All materials and pt+nxss have appropriate product appravat by local city and coumy authorities and aIi work complies to the latest edition of the Florida Building Code for a replacement toaf. 10/31/2007 22:27 5617310211 RON BELL INC PAGE 02/03 P~ a Contract Price: We propose to flttnish ail materials and labor in accordance with above spedfied work for the total sum of ~~ Guarantee: All worlQnanstup and materials guaranteed against roof leaks for a period of sevdt (7) years tram. the date of can+pletiaa. Bxduded from this guarantee are leaks caused by any one a more of the following items: A) Hurricanes, hailstorms, lightning, tornadoes, windstorms, and/or any other narivai or umtatural phenomena, as well as fire ar explosion. B) barrage caused by other Uadesmen such as maintenance men, air coaditioniag men, painbecs, etc. C) Structural failures and wall settlement, tracking ar failure of roof dark. D) Defects, leaks, ar damage caused by negligent act of the owner, his empiayees, tenants ar any other acts beyond our control, Terms of Paym~t: %' ertns ! 520 780 40% of co~thact_price due u~mn sigztittg coniraetL..__,.. ~12, _L__ _ 40% _ __of contxact~rice due ~n hat mo~ngplete;_ _ _ ~ _ $8,312 20% of contract 'ce u an letion of work I $4,156 Coottagency: ~ p~Y~ PiYw'ood if any, will be replaced at IIC additional cost, up to a maximum of 100 square feet Any other woad replacement charges added to contract price will be calculated at 53.00/sq. 8. for 5/8" CD% plywood and 34.00/lin. ft. far board lumbar. Ron Bell, Inc. is not responsible far romoval or reinstallation of gutters, downspouts, scroen enclosures, solar traits, A/C equipment, electrical ar a~ priming ar Pxi~n& ~ ato event shalt Rvn Belt, Ina be liable for azry spepat, inciderusi ar consequerltial damages to the building or itv cpntertts resuhing from, a in connection witb, any failure ar teak. Run Be/% Inc, is fully certified and complies with sit the requirements of the State ofFlorida Construction Industry Licensing Board. Upon receipt of sigr-ed contract and written request by You, we will issue an insurance certificate for your review and files. If it becantes necessary far either patty to institute an action at law ar inequity to enforve any abligadon her+e+mder, then the prevailing party shall be entitled to recover attorney's fees and court costs. Urrpaid aceatu-u w[ll be subject to a lane charge of 1.5% per mouth. Unpaid refers ro accaims that $o not follow the terms in this contract. 10/31/2007 22:27 5617310211 R(1N BELL III PAGE 03/03 page 3 Owner agrees to allow cnnvonieM aocass to building ~Or men and equipment. This agroemeatt contains a complete statemear of all axrangtments, between the parties, superseding all previous agreements whether expressed, written, or impried. Do not sign this cwttract unless all areas are covered. This proposal is subject to review if not accepted within thirty (30) days. Acceptance of Contract: The preooding prices, apeciIIcations and conditions are satisfactory and are hereby accepted. Roar Bair; lrtc. is authorized to do the work as specified. payments due as specified. Please sign below, initial both previous pages and return one full copy to our office. Ac:ceprarrce: (Owner yr Age) Acoepavice: (Icon Belk I»G) BJ'~ For: : Date: Kindly indicate your aoaptanee of this cona~ct by signing above, please initial first two pages and return rme cartpieted copy to this office. (You will be required to alga a Nonce of Conomettement (NOC) and pemtit application,) Please Note: Changes in'The Florida State Building coda referring to hurricane mitigation may apply, m this project. Mitigation improvement is not included in this proposal. 7~Faa6 ~ ~'v~ i.q. constructions, inc certified general contractor 1505446 6046 Las Colinas Circle Lake Worth, Florida 33463 phone 561 439 8338 fax 561 439 8426 igconstructionsQbellsouth.net. To CITY Of DELRAY BEACH Dpt. of Maintenance Attn: Clayton Gilbert From I.Q. Constructions, Inc Date November 15, 2007 Project Fire Station #5 Roof Protect East Sloped Section Delray Beach, flortdo As per our request, and the visit to the site. This is our proposal which includes cost of material, labor and equipment necessary to perform the entire job. Proposal #2007 -0011 $ 35,000.00 Scope of Work: 1. Remove entire roof system down to wood deck re-nail and replace deteriorated wood. 2. Remove all pipe jacks, goose necks, and gas vent fleshings. 3. Mechanically attach 3016 felt to wood deck using Dade County approved tin tags. 4. Install 26 gauge 2x2 white drip edge over all eave sloped areas. 5. Install 26 gauge valley metal for all conjoining hip areas. b. Install new pipe jacks, goose necks, and gas vent (lashings. 7. Install 9016 felt over 3016 felt by using trumbull asphalt type IV and back nailing 9016 felt 12" O.C. 8. Supply Eagle 13" flat white smooth surfaced file 9. Install first course of file using screws and fhe entire roof using Poly-foam adhesive. 10. Miner cut file for all valley areas 11. Install metal batten system for all hip and ridge tiles, and seal up with white mortar. 12. Inspect and clean up entire construction site. If you need additional information, please do not hesitate to contact me at 954 812 5243. Respectfully yours, Claudia I. Mendoza i.q. constructions, inc ~~ CONSTRUCTIl7N, iN~. 2301 N.W. 33rd Court, Suite 12 Pompano Beach, FL 33069 Main Fax: (954) 957-9766 -Main Phone: (954) 957-9761- W SS Fax: (561) 482-9078 November 9, 2007 TO: Clayton Gilbert FROM: Bill Stecklow RE: Fire Station # 5 Roofing We have inspected the site and the following is ow price with a recommended change of using a polystick TU self adhered ptocedwe in lieu of the hot tar procedwe. This roof is on a steep slope that would make installation of hot tar a dangerous procedure and also with the usage of hot taz the facility needs to be closed for at least 48 hours after application due to the fumes that will permeate the facility. Other reasons to use this application; there is no risk of fire and no hot tar kettle needed on the premises. THE FINISHED PRODUCT adheres the same and looks the same. Scope of work: Work confined to the east sloped roof section. Description of work: Remove sloped cement the roof system completely from the wood deck to allow for a clean application of the new roofing. Re-nail plywood deck to comply with new Florida Building Code. As a contingency we have included replacing 2 sheets of plywood. Any additional sheets will be replaced at $ 3.25 per sq. ft. Supply and install one layer of 301b. organic dry-in felt to wood deck on sloped roof using tin tags and 1.25" roofing nails in full compliance with state and local building codes. lnstall new white enamel coated, 26 gauge galvanized drip edge flashing at perimeter of sloped roofs. Supply and install new Lead plumbing stack fleshings and galvanized roof vents to replace existing. INSTALL POLYSTICK TU SELF ADHERED TILE BASE TO FELT AND SEAL EXPOSED EDGES. Supply and install White on White color thru, smooth surfaced l3"flat rile cement roof tiles on all sloped areas. Miter cut file in valleys and install cap file on ridge and hip. All tiles adhered to roof using PolyFoam adhesive. All bottom course of file to be nailed into wood deck. Install metal channel attach boazds to all hip and ridge using fasteners as per State and local building codes. Use white mortar for point up azound and in hip, ridges and valleys. Run magnet in yard and drive to pick up loose nails and tin tags. Clean up and haul away debris. Price includes all insurance, permits, licenses and fees. All materials and process have appropriate product approval by local and county authorities and all work complies to the latest edition of the Florida Building Code for a replacement roof. Because the entire structure is not being re- roofed, we have not included any roof to wall connection enhancements that may be required. The code is for a new roof on entire structures over $ 300,000.00 in value. If the city of Delray requires this enhancement add 15% to ow bid price below. Our bid price is $ 36,300.00. CC: Chief Ackerman MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS THRU: David T. Hazden, City Manager THRU: Richard C. Hasko, Environmental Services Director FROM: Victor Majtenyi, Deputy Director of Public Utilities SUBJECT: AGENDA ITEM- -CITY COMMISSION MEETING OF DECEMBER il, 2007 THOMAS STREET PUMP STATION NEW STORM PUMP PURCHASE ORDER TO MWI CORPORATION DATE: December 10, 2007 ITEM BEFORE THE COMMISSION Request to approve a purchase order to MWI Corporation in the amount of $46,692.00 for a replacement storm water pump at the Thomas Street Pump Station. BACKGROUND During the last week of October 2007, Utilities Maintenance Division responded to several calls regarding a malfunction at the Thomas Street Pump Station. Upon investigation of the situation, which included sending a diver into the wet well and removing the existing pump, the cause of the malfunction was determined to be from the motor pump shaft shearing away from the impellor. The pump was designed and manufactured by MWI Corporation with specifications for this particular application; therefore, staff contacted the original manufacturer, MWI Corporation. The pump is a late nineteen eighties vintage with limited parts availability and serviceability, making cost of repairs on an existing unit almost as much as a new replacement unit. MWI Corp. has submitted a quote for fabricating a duplicate pump utilizing all 300 series stainless steel parts in the amount of $70,883.00 (the existing pump was stainless steel). As an economical alternative, they also submitted a quote on a duplicate pump utilizing epoxy coated "Cor-Ten" steel (also referred to as "weathering" steel) in the amount of $46,692.00. Since we have had reasonable reliability with pumps fabricated with epoxy coated steel (other than stainless) at our other storm water pump station facilities, with some in good operating condition after ten years, staff is recommending purchase of the epoxy coated steel unit in the amount of $46,692.00. Delivery time is 16 [o 18 weeks for this unit. With the long lead time putting the delivery of the proposed new unit close to the start of next year's hurricane season, not to mention intermediate storm activities this spring, staff did no[ solicit quotes from other vendors as time is of the essence. FUNDING SOURCE Funding is available from account #448-5461-538-68.18, Storm Water Utility Fund/Storm Water Pump Station Rehabilitation. RECOMMENDATION Staff recommends an awazd to MWI Corporation in the amount of $46,692.00 for the purchase of a new storm water pump for Thomas Street Pump Station. cc: Harold Williams, Maintenance Manager File; Utilities Maintenance Agenda file, 12-11-07 Agc~Me Memo TMmu Sl PS 12 110].doc q. u. www.dslmyesdemn TO: Richard Iiasko, Director of Environmental Services THRU: Victor Majtenyi, Deputy Director of}'ublic utilities FROM: Harold Williams, Manager of Maintenance SUBJECT: Thomas Street Storm Pump DATE: DECEMBER 4, 2007 Attached please find a quotation for replacemern of the Thomas Street storm pump. This is from MWI industries. As you probably know all pumps of this type are custom made to fit the customers specifications so in order to expedite the replacement of this pump we have to go with the original vender. As you can see in the quotation parts for our existing pump are no longer readily available and would have to be custom made making the repair cost close to replacement value. The decision needs to be made as to weather we want all stainless construction for $70,883.00 or stainless and "cor-ten" steel construction for $46,692.00. The original pump was installed in 1988 with all stainless constntction so we have received close to twenty years of service out of it. However the other stone pumps we have seem to be holding up fairly well even though they are not of stainless steel wnstruction. Therefore my recommendation would be to pwchase the steel construction pump for $46,692.00 along with spare parts so we have them incase of future design changes. Please note that the lead time for this pump is 16-18 weeks after receipt of order. Sunce this cannot go to commission until January this is going to put us dangerously close to hurricane season. MWI has informed me that they can provide a rernal unit within twenty-fow howl if necessary, however this will be engine driven and extremely noisy. c.c Randal ICrejcarek, City Engineer C:IBab's PlcnvaalCasd~fiSDMamlMvlrlonldlmroFoldwi77amasrtr+agnunp.dac "Moving Water Worldwide° December 4, 2007 Mr. Harold Williams ESD Manager of Maintenance City of Delray Beach Ref MWUCouch Pump Serial # 6305, originally built 1988 Harold: We offer the following Scope of Supply to replace the above mentioned MWUCouch Pump. New Pump Replacement A[l Stainless Steel Construction • Replace the pump completety with a duplicate pump fabricated from 300 series stainless steel. New pump to mount directly back into the existing location. We will reuse the existing electric motor. The new pump will be of our newer design eliminating the lower bearing box, jaw coupling arrangement. This design has not been used since around the late eighty's. • Freight to the jobsite • Start up service • One year standard MWI warranty Price: 570,883.00 Delivery 18-20 weeks New Pump Replacement A-242 Steel Construction Replace the pump with a duplicate pump fabricated from A-242 "Cor-Ten" steel construction. Pump will mount directly back into the existing location. The existing electric motor will be reused. The bearing box, jaw coupling arrangement will be eliminated. Sandblast inside and outside and apply a coal tar epoxy coating Freight to the jobsite MWI Gorpa`ation 201 North federal Highway, Secand Floar, Deerfield Beach, Florida IJSA 33441 Phone (954) 426-1500 ~ EngineeringiSales Office Fax (954) 426-1582 Start up service One year standard MWI warranty Price: $46,692.00 Delivery 16-18 weeks Not Included: • Applicable taxes • Installation Please note we have not built these style pumps since the eighties. Supplying parts for the existing pump can be done but this will require the rest of the pump brought to out repair facility to make sure the new parts will work again. We might have to modify the existing pump column. It would be like a time and material rebuild. Usually when we do this the cost ends up being near what a new pump would cost and you end up with half the pump still from the eighties. Turns out this is the reason we were taking so long in getting parts prices for Milton. Thank you for this opportunity to be of service. If we can be of additional service please call. Terris net 30 days from shipping equipment to the jobsite. Pricing good for 30 days. Sincerely, Dennis Whittaker MM Sales Engineer DenniswCcr~mwicorp.com 954 4261500 x 128 Ce11 772 321 3755 MWI Corporation 201 North Federal Highway, Second Floor, Deerfield Beach, Ffolida USA 33441 nw..__ mcA~ Anc iCnn - fL..:..--.:+-.~n-~.- n~~-- ~'-•• tneA1 Ane iron Page 1 of 2 Willingham, Milton From: Dennis Whittaker [DennisW~mwicorp.coml Sent: Monday, December 03, 20D7 8:42 AM To: Willingham, Milton Subject: FW: Quote for MWI Pump SN 6305 Milton, We can offer this pump fabricated from A-242 "Cor-Ten' steel with sandblast end epoxy coated for $48,892.00. We have included the impeller blades to be stainless steel and a removable stainless steel impeller bowl wear liner. These ere the two areas that will wear the epoxy off first opening up this area for corrosion from the intrusion of the brackish water. As the first quote we also have delivery end a start up In the price. Reuse the existing electric motor. 18-18 weeks delivery. The original pump was fabricated from stainless steel because of the brackish water. We recommend you replace the pump with stainless steel. A carbon steel pump in this environment will not have a long life even with the epoxy. We did this for some shrimp farmers and after a few years the pumps were in pretty bad shape even though they had been epoxy coated. Sincerely, Dennis Whittaker MWI Sales Engineer Dennisw@mwicorp.com Ph 954 426 1500 x 128 Ce11 772 321 3755 From: Dennis Whittaker SeM: Friday, November 30, 2007 10:22 AM To: 'wiliingham@d.delray-heach.fl. us' Subject: Quote for MWI Pump SN 6305 MiRon Replacement price for this pump less the motor will be $70,883.00 plus applicable taxes. This pump is completety fabricated from 300 series stainless steel. Delivery will be around 18-20 weeks because of the availability of stainless steel. Included is delivery and one day start up service by MWI. We will reuse the existing electric motor. Call my cell today if you have any questions. Sincerely, Dennis Whittaker MWI Sales Engineer Dennisw@mwicorp.com Ph 954 426 1500 x 128 12!3/2007 Agenda Item No. ~~• AGENDA REQUEST Request to be placed on: --X--Regular Agenda -Special Agenda -Workshop Agenda Description of item (who, what, where, how much): Approve an emergency purchase award to MWI Corporation replacement storm water pump at the Thomas Street Pump Station. Date December 10. 2007 When: December 11, 2007 in the amount of $46,692.00 for a Funding is available from account #448-5461-538-68.18, Storm Water Utility FundlStorm Water Pump Station Rehabilitation. ORDINANCE/RESOLUTION REQUIRED: Not required. Recommendation: Staff recommends an award to MWI Corporation in the amount of $46,692.00 for the purchase of a new storm water pump for Thomas Street Pump Station. Department head signature: Determination of Consistency with Comprehensive City Attorney Review/Recommendation if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/NO (see abovel Funding alternatives (if applicable): Account No. & Description Account Balance City Manager Review: Approved for agenda: E' O Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: _ Action: Approved/Disapproved Agenda Req Thomas St PS 12 11 07.doc Page 1 of 1 Hasko, Richard From: Williams, Harold Sent: Tuesday, December 11, 2007 3:06 PM To: Hasko, Richard Cc: Majtenyi, Victor Subject: re: justification for sole source vender All dewatering pumps of this type are custom fabricated to meet the customers specs, hence the long lead time to receive. Since MWI already has all of the specs for this pump in the interest of time we felt it would be best to go with them. The only other reputable company that we know of is Cascade Co out of California, the lead time for them to come in and engineer a pump for us plus fabricate it would put us well into hurricane season, which is a risk we should not take. Additionally we would have to replace the motor as well as the pump with them at an additional $7000 -$10000 cost. Based on our history with the Cascade pumps we have, while they perform well, it takes months to get even spare parts. With a closer vender we should not have to wait as long for parts when required. In addition MWI offers temporary replacement pumps in the event they are needed, which is also a plus. As it stands we did also contact a rep for Cascade for quote but it has been two months and we are still waiting for him to show up. Harold Williams ESL) Manager ofMaintenanee City of Delray Beach, F[nrida Phone: 561-243-7308 Fax: 561-243-7344 l "^'`~C y tz~tt~zoo~