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01-15-08 Agenda Reg
City of Delray Beach Regular Commission Meeting k ~~ RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings Tuesday,Janu 15.2008 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 are specifically set for a formal public hearing, shall be allowed when agreed by consensus of the City Commission. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not ah•eady done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer fmm speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. 100 NW lst Avenue Delray Beach, Florida 33444 The Ciry will furnish auxiliary aids and services to afford an individual with a disability an opportunity to partiapate in and enjoy the benefits of a service, Phone: (561) 243-7000 program, or activity conducted by the Ciry. 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 listetung devices aze available for meetings in the Commission Chambers. 1. ROLL CALL. 2. INVOCATION. 3. PLEDGE OF ALLEGIANCE TO THE FLAG. 4. AGENDA APPROVAL. 5. APPROVAL OF MINUTES: • January 8, 2008 -Special/Workshop Meeting 6. PROCLAMATIONS: A. Recognizing Black History Month - Febmary 2008 B. Recognizing 2-1-1 Awazeness Week -February 11 -18, 2008 7. PRESENTATIONS: A. S.P.I.R.I.T. (Service, Performance, Integrity, Responsibility, Innovation, Teamwork) Committee Employee Awazds Presentation B. Special Recognition Awazd -Reeve Bright C. Presentation regazding the Florida Recreation Development Assistance Program (FRDAP) Grants/Bexley Trail Community and Eagle Pazks -Representative Maria Sachs D. MLK Drive Beautification Project -Alberta McCarthy E. Site Plan Review and Appearance Boazd (SPRAB) Awazds 8. CONSENT AGENDA: City Manager Recommends Approval A. A(:C'F.PTAN('F. nF E_ASEMENT DEED/YAGHT CLUB AT DELRAY BEA H• Approve and accept an easement deed for the installation of a public sidewalk to be constructed in front of an existing City lift station and adjacent to MacFazlane Drive. B. REQUEST FOR SIDEWALK DEFERRAL/418 NORTH OCEAN BOULEVARD: Approve a request to defer the installation of a sidewalk in front of 418 North Ocean Boulevazd. 01-15-2008 -2- C. CONTRACT CLOSEOUT (~ O NO 1/FINAL)/HARTZELL CONSTRUCTION. INC.: Approve a Contract Closeout (C.O. No. 1) in the amount of a $15,568.50 decrease and a 5na1 payment in the amount of $4,161.37 to Hartzell Construction, Inc. for the completion of the Cottutruniry Improvement Sidewalk Project. Funding is available from 118-1965-55463.11 (Community Development Fund/Bikepaths/Sidewallts). D. SERVICE AUTHORIZATION NO 8/SPATLAi FOCUS ING • Approve Service Authorization No. 8 in the amount of $19,025.00 to Spatial Focus, Inc. fox assistance in developing a prototype software application for creating the annual Capital Improvement Pxogxam. Funding is available from 448-5411-538-31.90 (Stormwater Utility Fund/Other Professional Services) and 442-5178-536-31.90 (Water/Sewer Renewal and Replacement Fund/Other Professional Services). E. SERVICE AUTHORIZATION 14 5/CURRIE SOWARDS AGUILA ARCHITECTS: Approve Service Authorization No. 14.5 in the amount of $3,750.00 to Currie Sowards Aquila Architects for supplemental consulting services resulting from site revisions to the Mangrove Pazk Project as required by the South Florida Water Management District (SFWMD). Funding is available from 334-4174572-63.90 (General Construction Fund/Inttacoastal Pazk/Other Impmvements). F. SF'RVIGE At1THORI2_ATION NO 07-03/M_ATHEWS CONSULTING ING Approve Service Authorization No. 07-03 in the amount of $27,763.00 to Mathews Consulting, Inc. for a surface water management study of the S.W. Area. Funding is available from 448-5411-538-31.30 (Stormwater Utility Fund/Engineering/Architect). G. A('RF.F.MENT/ER~i lyLAN ANTHONY AND ASSOGLATES, IN .: Approve an agreement between the City and Erdman Anthony and Associates, Inc. in the amount of $38,200.00 for the design of trombone mast arm signals at the intersection of S.W. 2nd Avenue and West Atlantic Avenue. Funding is available fmm 3343162-541- 65.87 (General Construction Fund/Capital Outlay/S.W. 2"d Avenue-S.W. 1" Street- WestAtlantic Avenue). H. AGENCY (CRA1: Approve and adopt Resolution No. 02-08 authorizing execution of a Locally Funded Agreement (I.FA) with the Florida Department of Transportation (FOOT) and approve a Memorandum of Agreement (MOA) with FOOT and the State Department of Financial Services, Division of Treasury for funding in the amount of $1,596,848.26 for improvements along Atlantic Avenue between N.W. 12d' Avenue and SR A-1-A. Of this cost, $1,500,000 will be paid by the Community Redevelopment Agenry (CRA). I. Hni.D HARMLESS AGREEMENT/DEL-RAy CLUB. INC.: Appmve and authorize a Hold Harmless Agreement between the City and Delray Club, Inc. for the work performed within the State right-of--way. The Delray Club, Inc. is located at 2001 South Ocean Boulevard. 01-15-2()08 -3- J. PIINDING ACCOUNT CHANGE/BA_R_WICK ROAD CURBING AND SWALE PROJECT: Approve an account funding change from the General Construction Fund/Other Improvements/Bazwick Road Sidewallcs (3343162-541- 68.02) to the Stortnwater Utility Fund/Barwick Road (448-5461-538-65.36) for the work awarded to Chaz Equipment Company, Inc. under a Contract Addition (C.O. No. 6) for the Block 64 Alley Improvement Project. K. PURCHASE AWARD/HARTZELL CONSTRUCTION. INC.: Approve a purchase awazd in the amount of $32,480.00 for Hartzell Construction, Inc. to paint the hallways on the first and second floor of the Police Department. Funding is available fiom 001-2111-521-46.10 (General Fund/Building Maintenance). L. VOLrn_vTEER PROGRAM HANDBOOK/PARKS AND RECREATION DEPARTMENT: Approve a request to implement a new Volunteer Program Handbook to be utilized by the Parks and Recreation Department. M. MEMORANDUM OF UNDERSTANDING/ADDENDUM TO OPEN ROADS POLICY/FLORIDA DEPARTMENT OF TRANSPORTATION (FOOT): Approve a Memorandum of Understanding and an Addendum to the Open Roads Polity with the Florida Depamnent of Transportation (FDO'I) regazding the development of a Traffic Incident Management Team (TIM) Strategic Plan. N. ADDENDUM NO. 1 TO CONSULTING AGREEMENT/LArIGTON ASSOCIATES. INC./GRANT WRITING SERVICES: Approve Addendum No. ] to the Consulting Agreement between the City and Langton Associates, Inc. to include the language to provide for the period November 1, 2006 through December 31, 2007, in order to cover the lapse as the term of the agreement approved at the January 3, 2008 Regular Commission meeting does not begin until January 1, 2008. O. AMENDMENT NO. 1 TO THE AGREEMENT/PAi-1-4 BE_AGH GOLINTI': Approve Amendment No. 1 to the agreement between the City and Palm Beach County for the Disaster Recovery Initiative (DRI) regarding the demolition of Carver Estates extending the deadline for completion to July 31, 2008. P. SHUTTERING PROJECT: Approve Amendment No. 1 to the agreement between the Ciry and Palm Beach County for the Neighborhood Resource Center (NRC) Shuttering Project through the Disaster Recovery Initiative (DRI) Program to extend the deadline for completion to March 15, 2008. 01-15-2008 -4- Q• special event request to conduct the 40'" Mazch 15, 2008, beginning with setup a T PATRICK'S DAY PARADE: Approve a Annual St. Patrick's Day Parade on Saturday, t 11:00 a.m., parade slatting at 1:00 p.m. and ending at approximately 2:30 p.m., and to grant a temporary use permit per LDR's Section 2.4.6(F) for the use of Atlantic Avenue from Venetian Drive to N.W. 1" Avenue for the parade and Venetian Drive and Gleason Street for staging of parade entries and the Old School Square surface pazking lot from 11:00 a.m. to 7:30 p.m.; and to approve staff support for traffic control and security, barricading, EMS assistance, trash removal, assistance in obtaining the FDOT permit and to allow event signage to be put up no earlier than March 7, 2008; contingent on the receipt of a hold harmless agreement and receipt of the certificate of liability insurance. 1. Contract award to Chaz Equipment Company, Inc. in the amount of;47,950.00 for the emergenry repair of a collapsed sanitary sewer main along A-1-A, south of Lewis Cove. Funding is available from 442-5178-536-63.51 (Stormwater Utility Fuad/Sewer Mains). 2. Purchase awazd to Stryker in the amount of;46,340.00 for the purchase of five (5) Stryker Model 6500 Power-Pro Ambulance Patient Stretchers for the Fire- Rescue Department. Funding is available from 001-2315-526-64.90 (General Fund/Other Machinery/Equipment). 9. REGULAR AGENDA: R. CANCELLATION/INTERLOCAL AGREEMENTS/COMMUNITY REDEVELOPMENT AGENCY/LA FRANCE HOTEL AND 133 N.W. 5"d AVENUE: Approve the cancellation of the Interiocal Agreements between the City and the Community Redevelopment Agency (CRA) for the purchase and sale of the La France Hotel and 133 N.W. 5 Avenue properties. S. CONTRACT RENEWAL/ACCURATE PARKING. INC.: Approve renewal of a contract with Accurate Pazking, Iac. for staffing of the Old School Square, Bob Federspiel and the South County Courthouse Garages on weekend evenings (Thursdays, Fridays and Saturdays) and special events. Funding is available from 001- 3151-545-34.90 (General Fund/Other Contractual Services). T. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boazds for the period January 3, 2008 through January I1, 2008. U. AWARD OF BIDS AND CONTRACTS: A. WAIVER REQUESTS/508 S.E. 3id AVENUE: Consider a waiver request to Land Development Regulations (I.DR) Section 4.3.4(I~, "Development Standards Matrix" to reduce the lot frontage, lot width, and lot size for one of two proposed single family lots, located at the northwest comer of S.E. 6'" Street and S.E. 3`d Avenue (508 S.E. and Avenue). (Quasi Judicial Henrrag) -5- 01-15-2008 B. REQUEST FOR IN-LIEU PARKING SPACES/WAIVER REQUEST/ TAVERNA EROS: Consider a request from Taverns Eros for the purchase of four (4) in-lieu pazking spaces in the amount of $62,400.00 to accommodate the creation of an outdoor dining azea in the pazking azea immediately adjacent to the west side of the building and fronting Atiandc Avenue; and an associated waiver request to Land Development Regulations (L.DR) Section 4.G.9(E)(B), "In-Lieu Fee", which prohibits the purchase of in-lieu spaces to accommodate an expansion of use when the expansion eliminates existing pazking spaces. The Taverns Eros is Iocated at 8 East Atlantic Avenue. (Quasi Judicial Hearing) C. REQUEST FOR VALET PARKING SPACES/CITY LIMITS: Consider a request from Ciry Limits to reserve the use of six (6) pazking spaces in the Railroad Pazking Lot to provide valet pazking services to accommodate a private party. D. FY 2008 PER_ROR_MATyGE MEASURES/GOL_F COURSES AND TENNIS FACILITIES: Consider approval of proposed performance measures for FY 2008 for the Munidpal Golf Course, Lakeview Golf Course, and Tennis Facilities. E. LICENSE AGREEMENT/EASTER SUNRISE SERVICE: Approve a license agreement with St. John Primitive Baptist Church for the use of the Tennis Stadium and Tennis Center site for an Easter Sunrise Service to be held on Sunday, Much 23, 2008 from 6:00 a.m. to 9:00 a.m.; and waiver of the site rental fee, contingent on the receipt of a hold harmless agreement and receipt of the certificate of liability insurance. F. CE'i"TL.F.MFNT OFFER IN GISLAINE DOMESTOIRE v. CITY OF DELRAY BEACH: Consider a Settlement Offer in the total amount of $13,000.00 in Gislaine Domestoire v. Ciry of Delray Beach. Staff recommends approval subject to the receipt of the appropriate releases. G. cOMML~TY WORKFORCE HOUSING INNOVATION PROGRAM (CWHIP) AGREEMENT FOR VILAGES AT DEL-RAY: Consider approval of the Community Workforce Housing Innovation Program (CWHIP) Agreement for Villages at Delray. H. APPOINTMENTS TO THE BUDGET TASK FORCE COMMITTEE: Appoint one (1) regulaz member and two (2) alternate members to the Budget Task Force for a six (6) month term. Based upon the rotation system, the appointments will be made by Commissioner Montague (Seat #4) and Commissioner McDuffie (Seat #3). I. APPOINTMENT TO THE GREEN TASK FORCE: Appoint one (1) regular member to the Green Task Force for a six (6) month term. Based upon the rotation system, the appointment will be made by Commissioner Montague (Seat #4). J, APpOI1~'Tb"EI`'T TO THE CODE ENFORGEMEu't' BOA_RI~• Appoint one (1) alternate member to the Code Enforcement Board to serve an unexpired term ending January 14, 2010. Based upon the rotation system, the appointment will be made by Commissioner Fetzer (Seat #2). O1-15-2008 -6- IC. gpPOINTMENT TO THE EDUCATION BOARD: Appoint one (1) student member to serve a partial term ending July 31, 2009. Based upon the rotation system, the appointment will be made by Commissioner Montague (Seat #4). L, APPOiNTMF.NTS TO THE PARKING MANAGEMENT ADVISORY BOA$jZ; Appoint three (3) regular members to the Pazking Management Advisory Boazd to serve two (2) yeaz terms ending January 31, 2010. Based upon the rotation system, the appointments will be made by Commissioner Fetzer (Seat #2), Commissionez McDuffie (Seat #3) and Commissioner Montague (Seat #4). M. APPOINTMENT TO THE POLICE ADVISORY BOARD: Appoint one (1) regulaz member to the Police Advisory Board to serve a two (2) yeaz term ending December 13, 2009. Based upon the rotation system, the appointment will be made by Commissioner Montague (Seat #4). 10. PUBLIC HEARINGS: A. ORDINANCE NO. 38-0'7 (FIRST _READING/FIRST PUBLIC HEARINGI: Ciry initiated amendments to the Land Development Regulations (LDR) 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. If passed, a second public hearing will be scheduled for February 5, 2008. B. ORDINANNCE NO. 5_4-07 (SECOND READING/SECOND PUBLIC HEARINGI: City initiated amendments to the Land Development Regulations (L.DR) amending Section 1.4.3, "Enforcement"; Section 1.4.4, "Penalt}~', providing that neglect shall constitute a nuisance and providing for enforcement and penalties; Section 2.2.6(C), "Meeting and Quorum", providing for voting, 2.2.6(D), "Duties and Responsibilities", providing for express authority for the Historic Preservation Boazd to apply the Historic Compatibility Regulations; Section 4.5.1(E), "Development Standazds", Subsection 4.5.1(E)(6), "Demolition", and 4.5.1(F), "Restrictions on Demolitions", providing requirements for the application and approval for demolition. C. ORDINANCE NO. 0';-08 (SECOND RA ING/SECOND PUBLIC HEAItINGI: Privately initiated amendment to the Land Development Regulations (I.DR) Article 4.7 "Family/Workforce Housing", to expand the Carver Estates Overlay District D. ORDINANCE NO. 04-08 (SECOND READING/SECOND PUBLIC HEARINGI: City initiated amendment to the Land Development Regulations (I.DR) to clarify that residential uses within the Mixed Industrial and Commercial (MIC) zoning district aze permitted only within the I-95/CSX Railroad Corridor Overlay District E. ORDINANCE NO. 02-08: City initiated amendment to the Land Development Regulations (LDR) to reduce the duration over which a single parcel must be vacant for its development to qualify as in-fill development This ordinance has been TABLED. 01-15-2008 -7- F. ORDINANCE NO. Ol-08: City initiated amendment to the Land Development Regulations (LDR) Section 2.4.3 "Submission Requirements" to specify the required scales to which various components of development plans must be prepared. 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS. A. City Manager s response to prior public comments and inquiries. B. From the Public. 12. FIRST READINGS: A. NONE. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission POSTED: JANUARY 11, 2008 of-ls-zoos -$- SPECIAL/WORKSHOP MEETING JANUARY 8, 2008 A Special/Workshop Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Rita Ellis in the Fast Floor Conference Room at City Hall at 6:00 p.m, on Tuesday, January 8, 2008. Roll call showed Present - Corntnissioner Gary P. Eliopoulos Commissioner Fred B. Fetzer Corrunissioner Woodie McDuffie Commissioner Brenda B. Montague • Mayer Rita Ellis Also present were - David T. Harden, City Manager Susan A. Ruby, City Attorney Chevelle D. Nubin, City Clerk Mayer Ellis called the special meeting to order and annormced that it had been called for the purpose of considering the following items: SPECIAL MEETING AGENDA 1. PROPOSALS/VIRTUAL TOURS: Consider proposals from Sound Investrrmerrts by J.W., Inc. d/b/a Pro DVD Makers and the City Information Technology Department (IT) regarding the Virhaal Torus on the Gt}/s website. Guy Buzzelli, Chief Information Officer, introduced this item He explained the timeframe to go live would be approximately 3 r/2 - 4 weeks wrath the current workload He advised that the total cost for the hardware would be about $4,600.00. He discussed the man horns needed for the project, the anticipated expenses and estimated savings to have Information Technology (IT) spearhead the project. He explained the City has the egrupmermt needed to start and rrmairrtain Virhaal Torus on its website. The ]ink for each facility would be embedded into the CitS/s website instead of redirected to an outside website. Charles Funnent, Office Automation Analyst, discussed the Easypano software and the hardware used is what is specified by the maker of the software to make Digital Video Discs (DVDs). Mr. Buzzelli showed a demonstration of how the Virhaal Toru would work with the software. If the City considered an outside firm to do the Virhaal Tour the firm would have to be trained and staff may have to still embed the torus. If the Virhral Tor>r website is completed by the City, we could exercise more control of the content. Mr. Fetzer asked if the on going maintenance would be to change pictmues Mr. McDuffie asked if the Virtual Tour would include all parks and public facilities Mr. Buzzelli was concerned that if IT did not do the Virhaal Tours the City may not be able to exercise as much control of the content or when there is an upgrade. Mrs. Montague verified the hardware, software and labor needed to complete the project would be approximately $7,000- $8,500 the first year; subsequent years the site could be maintained for about $1,000. Mrs. Montague questioned what is on wennv.cit~rofdelraybeach.com website at this time. James Arena, President of Sound Investments by J.W. Inc., d/b/a Pro DVD Makers, gave background information on the Company/s relationship with the City Mr. Arena gave a presentation and discussed why $24,000 is a fair cost for the professional services he would provide. He stated IT would still have sorre autonomy of the content presented He advised his tirreframe to complete this project wauldbe three (3) days. Mayor Ellis referred to the Special Workshop Meeting on October 9, 2007, where the City did not warrt to take a chance with advertising pitfalls since the City would not have complete control of the website. Mrs. Montague questioned if www.cit~ofdelraybeachcom would be linked to anything else. Mr. McDuffie asked Mr. Arena if the proposed amount included imagery, domain name, and the HTML link He asked staff if there is a way to leverage the effort that has been done. Mr. Fumment advised that the quality of the images if zoomed would be very pixelated He asked Mr. Arena wlmat is the quality and resolution of the images that are currently being used He explained that the camera equipment that would be used is very automated Mr. Eliopoulos questioned what monies have been paid to Sound Investments by J.W. Inc., d/b/a Pro DVD Makers. Mr. Fetzer moved to accept the proposal to let the crrrrent virtual tours expire and have the City/s IT Depamnent photograph the City/s parks and facilities and beach a second time and create new virtual tours for the Gtys website, seconded by Mrs. Montague. Upon roll call, the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague - Yes; Mayor E llis -Yes; Mr. E liopoulos -Yes. Said motion passed 5-0. Mayor Ellis adjourned the Special Meeting at 6:40 pm January 8, 2008 WORKSHOP AGENDA 1. Video Presentation of the Property Tax Reform -Florida League of Cities David T. Harden, City Manager, introduced this item He explained the video "The Proposed Property Tax Reform' was put together by Michael Sittig. He informed Commission this is not as updated as some of the other material; it is about six (6) weeks old In the video, Mike Sittig. Executive Director with the Florida League of Cities, stated members of the League of the Cities met on November 9, 2006 in Orlando, Florida. A Resolution was passed in opposition to the proposed Constitutional amendment that would be on the ballot January 29, 2008 which would change the way property taxes are levied in the State of Florida. He discussed the provisions of the Resolution and several reasons the amrermdment is opposed by Leagrae of the Cities. Mr. Harden stated people appreciated the information received from the two presentations he did earlier. Mrs. Montague advised on a State level, Realtors support the amendment, but on an individual level they are tom and residents are confused She asked that Mr. Harden send Commission the summary statement made by Mr. Sittig. Mr. E lioporalos asked what the City of Boynton Beach wms doing. Mr. McDuffie discussed an e-mail submitted by James McAdams from the Departrrment of Revenue dated January 8, 2008. He explained the process to calculate and understand the new property tax reform. He discussed portability for residents and some of its benefits. Mayer Ellis asked if the Property Appraiser's office is in support of the Armexmdmermt. She acknowledged many people are confused as the time nears to vote. Mr. McDrrffie explained wlry the Property Appraiser's office is in support of the Arrendment. 2. Discussion regarding 2008 Legislative Priorities David T. Harden, City Manager, presented this item Mr. Harden asked for direction from Commission on the City/s legislative priorities for 2008. Susan Ruby, City Attorney stated in the backgrormd information provided, item number one (1) on the cover rremo should read $200,000 or more. Mr. Eliopoulos stated that the construction industry is taking on a number of jobs at cost well below what they can handle to keep the operation going. Contractors may eventually default so the City needs to be careful how high they set bond caps. laruery s, zoos Mrs. Montague asked if some type of drafting language could be provided to Commission to submit to the staff Liaisons for the League of the Gties. She asked if surnrrxry staterrrerrts could be put together by staff for Key Issues# 3-11 on the backup material. Mr. Harden clarified that a paragraph of key points could be put together by staff. Mr. Fetzer asked howlegislative priorities lists were conveyed in the past. Mr. Harden explained the City used Lobbyists; however, some specific issues would go directly to the Representatives that had an interest. He stated the League of the Cities will help set up meetings with State Committee members if this is what the Commission would like to do. Mrs. Ruby stated with specific bills the City would need Sponsors. Mrs. Montague suggested that brochures with concise talking points be created sfl that Commissioners could have effective brief meetings with Representatives. Mayor Ellis suggested one (1) to tc-w (2) people at the rrrost since the conference roorrrs are small. Mr. Harden asked if Commission would like to see anything added or deleted Mrs. Montague asked for a statement of things that are in progress and also a status report of present, historical, and issues in progress along with the overall goal. She would also like a schedule of the meetings. Mr. E liopoulos discussed public safety and support at the State level. 3. Discussion of questions for the Annual Citizen's Rormdtable Meeting Mayor E llis advised there were too many questions at the 2007 Annual Rormdtable Meeting Mr. Eliopoulos agoeed last yews meeting was too long and he is in favor of wfrat is being proposed Mr. Fetzer admitted he liked the format of the meeting, however, too much was crarnmecl into the meeting for the tirre allotted and some questions were rushed He is in favor of what is being proposed Mrs. Montague would like Question 3B from the backup material, "how the Gty could provide services for less cost," included in the discussion. Mr. Harden suggested a shorter time limit for questions It was the Consensus of the Corrurvssion to change the language of Question 5 to read, "provide suggestions for (a) improving City programs and service, (b) how the City could provide services for less cost, and (c) wfiat services could be cut back or eliminated" lanuarys,ZOOs Mr. Harden stated Question 3B from the backup material would be used by itself; Questions 3A and 3C would not be used Mr. McDuffie asked if Question 3B could be combined with Question 5. Mr. Harden advised he would set it up Question 3B and Question 5 to be combined Commission agreed to stay with the same forma. McDuffie suggested an insert advertisement sent out with utility bills. Mayor Ellis suggested that Advisory Board Members be asked to participate in the 2008 Annual Roundtable Meeting. Mayor Ellis ac~oumed the Workshop Meeting at 8:01 p.m. City Clerk ATTEST: MAYOR The undersigned is the Gty Clerk of the City of Delray Beach, Florida, and the informltion provided herein is the Minutes of the Special/Workshop Meeting of the City Commission held on Tuesday, January 8, 2008, 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 Conurussion. They will become the official NTinutes only after review and approval, which may involve amendments, additions or deletions to the NTulutes as set forth above. Iarn~r}' 8, 2008 WHEREAS, Febr~~ry is designated as black history month and African Americans have contributed immeasurably to the richness of our dynamic, multicultural society. They embody our Nation s core values, including devotion to family, commitment to hard mark and pride in their heritage, and have added to every aspect of our national life; and WHEREAS, we must bear witness to the progress, richness, and diversity of African American achievement; and WHEREAS, the preservation and conservation of African American heritage and culture is important to our history; and WHEREAS, an observance of African American achievement has been recognized since 1926; and WHEREAS, it is important that we share this celebration of the human spirit as demonstrated by the traditions and legacies of our African American citizens. NOW, THEREFORE, I, RITA ELLIS, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim the month of Febrix~ry, 2008 as BLACK HISTORY MONTH and encotu~age all of our residents to join in this recognition of the accomplishments and contributions made to our community and countryby African Americans. 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 15t'' day of January, 2008. RITA ELLIS MAYOR WHEREAS, many times when individuals need help with meeting life's basic needs they are not sure where to tum; and WHEREAS, Palm Beach County and the Treasure Coast are fortw~ate to have a non profit agency, 211 Palm Beach/Treasure Coast, that has been in the community for more than 35 years providing information and referral on community resources, telephone counseling for distressed callers and suicide intervention; and WHEREAS, 211 Palm Beach/Treastue Coast will be recognized as the central linkage point in our community providing individuals with the information and support they need to solve their problems; and WHEREAS, the staff and volunteers at 211 Palm Beach/Treasure Coast are available 24 hours a day, 7 days a week and assisted over 155,000 callers in need of information, referrals to social services agencies or just someone to talk to last year alone. NOW, THEREFORE, I, RITA ELLIS, Mayer of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim the meek Of February 11, 2008 -February 17, 2008 as 2-1-1 AWARENESS WEEK in City of Delray Beach, Florida and urge all citizens to be aware of the only telephone number they need to know to access information on over 4,000 programs in our community that provide assistance in such areas as Insurance, Volunteering, Food, Day Care, Mental Health Counseling. Support Groups, Home Health Care, and Financial Assistance. 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 15t'' day of January, 2008. RITA ELLIS MAYOR __ MEMORANDUM TO: Mayor and City Commissioners FROM: Alberta Gaum and Dot Bast THROUGH: David Harden, City Manager DATE: January 9, 2008 SUBJECT: AGENDA ITEM 7.A -REGULAR COMMISSION MEETING OF JANUARY 15, 2008 PRESENTATION/QUARTERLY S.P.I.R.I.T. AWARDS. ITEM BEFORE COMMISSION The item before the City Commission is a presentation by the S.P.LR.LT. committee to rea three quarterly winners for their service, performance, integrity, responsibility, innov; teamwork. Winners for the fourth quarter are: Willie Ceasar - "505" Teen Center' ; Dt Richard Bush, Christine McCrady, Christopher Hutchinson, Christopher Miller, Joseph Fak McKessy -Station 3, A shift Fire Rescue; and Ben Soto -Risk Management. BACKGROUND The City of Delray Beach implemented the S.P.I.R.I.T. Quarterly Award Program on April, S.P.I.R.I.T. Program's main objective is to award the efforts of employees who provide o quality service to our City. t S.P.I.R.I.T. Quarterly Award Ballot Fourth Quarter 2007 01/09/08 Willie Ceasnr Parks and Recreation Willene Clark Parks and Recreation Ed Crelin Fire-Rescue Jeff Goldman Police Anthony Guy Public Works Gloria Marsh Fire-Rescue Verna Pinder Parks and Recreation Patty Rashkind Police Betsy Ring Parks and Recreation Ben Soto Risk Management Gail Vanhove Parks and Recreation Station 3 Team Fire-Rescue ~/l'2i 59 rii i.-..r:,.. .. S.P.I.R.I.T. Award Program Nomination Form Nominee Infor Lion: ~ Name ~~ Department-~,S_-la~CrCGQ-fi1C~'~ ~~f-`1 C.~f'1-1-c SupervisorS(,t)(X,n (L Phone #~~~,~c2,~1-.~.1L`~ Nominator Date W p Q RI ,~ ~S 1 ns to Tre ce°°`'e Department - °'I _ ~ ~ { 10~ Phone #~~In ,e o Using the S.P.I.R.I.T, guidelines, describe reason for nomination in one or more categories: 5a~ Service -Providing exceptional customer service to other departments, employees, and/or citizens of Delray Beach. • Knowing your customer by listening and understanding their needs; expectations and concerns. Being sensitive to their feelings and addressing customer appropriately. • Following up with a timely response to calls and requests. • ._ Taking the time to explain an action or n "NO" response. V Lam. _~i~ tangy-•~ N-e., a~SC ~ta ~4~u ~Ii~S o~- axr -r-eens ~ TYwni!.sc~'~K~ Setting realistic priorities, developing plans, taking action in n timely fashion, paying attention to details and doing it right the first time. Anticipating problems and identifying opportunities, developing regular status reports and providing updates on projects and major tusks. Being n steward of the public dollars by using resources efficiently and effectively, and evaluating your performance by customer satisfaction. ~UU~ ~~ Nominations must be submitted to Numon Resources BY the 1~ Friday of the months af~ October, January, April, July. C:\Documevts avd Settiv~\marary\Locat Sevivpf\Temporary Ivlemet Files\OLK8C\SPIRIT Award ProAam Nomivariov Form (2).doe Nomination Form --Page 2 Integrity: • Respecting others, being courteous and polite. • Keeping your commitments, being honest, direct, and truthful. • Acting professionally and ethically. • Being loyal to the city and acting on what is best for the city. ca' Responsible: • Taking ownership of your work task and problems. • Represent the City in a positive mnnner; appearance, workspace, equipment, etc. • Being prompt for work, meeting deadlines. 6 Innovative • Looking for new and better wnys to do your job. • Thinking creatively -outside the box. • Use new approaches to delivering services and to solve a problem. 4i Teamwork: • Cooperating with others, by going beyond your role to help the team. • Keep others informed and involving others in your work activity when appropriate. • Sharing the credit and recognizing the contribution of others. The above are examples to assist you in the nomination process. Use the reverse side of this form for additional comments. Your input is important and valued! Original: Human Resources Copy: Nominee Nominees Supervisor Nominations must be submitted to Humnn Resources BY the 1~ Friday of the months of: October, January, April, July. EXHIBIT B Pb a R~w,n„„ s •r 3~3 r~ 'S~ e ITS IN THE PEON S.P.I.R.I.T. Award Program Nomination Form Nominee Information: ~/~~~I~ Name i3c'•~- ~ ~ Department Supervisor 1 ro..~..i~ i~.::,~ ~= Phone # ~-~(~ ' ~' S, Nominator Information: n ~ ~~f Name t-1'~iwk ~ltib:~ Department !~~'-tz Date i ~- - Lo , n `i Phone # ~l 3 - ~ /S"u Signature Using the S.P.I.R.I.T, guidelines, describe reason for nomination in one or more categories: Service -Providing exceptional customer service to other departments, employees, and/or citizens of Delray Bench. • Knowing your customer by listening and understanding their needs, expectations and concerns. Being sensitive to their feelings and addressing customer appropriately. • Following up with a timely response to calls and requests. Taking the time to explain an action or a "NO" response. ~erformonceis measured by: • Setting realistic priorities, developing plans, taking action in a timely fashion, paying attention to details and doing it right the first time. Anticipating problems and identifying opportunities, developing regular status reports and providing updates on projects and major tasks. • Being a steward of the public dollars by using resources efficiently and effectively, and evaluating your performance by customer satisfaction. Nominations must be submitted to Human Resources BY the 1`t Friday of the months of: October, January, April, July. U:~Polioy~Exhibit H to GA-1 I SPH2IT Award Pro~am Nominarioo Form.doc Nomination Form -- Page 2 ^ Integrity: Respecting others, being courteous ahd polite. • Keeping your commitments, being honest, direct, and truthful. Acting professionally and ethically. • Being loyal to the city and acting on what is best for the city. i Responsible: Taking ownership of your work task and problems. • Represent the City in a positive manner; appearance, workspace, equipment, etc. • Being prompt for work, meeting deadlines. ^ Innovative • Looking for new and better ways to do your job. Thinking creatively -outside the box. Use new approaches to delivering services and to solve a problem. ~Tenmwork: • Coopergting,,~! f h others, by~oing beyondyouur role to help the team. • Keep others informed and involving others in your work activity'wh'e~1 appropriate. • Sharing the credit and recognizing the contribution of others. The above are examples to assist you in the nomination process. Use the reverse side of this form for additional comments. Your input is important and valued! Distribute ns Follows: Human Resources (Original) Nominee (Copy) Nominee's Supervisor (Copy) Nominations must be submitted to Human Resources BY the lst Friday of the months of~ October, Jnnunry, April, July. SPIRIT Award Program January 2008 Quarterly Award Nominee: Ben Soto Ben Soto, City's Safety Specialist, has become involved in safety matters, both common and unique, within all departments/divisions since starting with the City in Mazch of this year. This involvement took him to the Animal Control Division where he met with Animal Control Officer Ginny Feldman and her staff member, Carlos Thomas. Through listening to these employees and understanding their needs (SERVICE), Ben determined that improvements could be made to the building and operations to make the job safer and easier for Ginny and Carlos. Ben was able to get the right people involved to make things happen, and then coordinate with the right people to allow the facility to be "cleaned, exterminated and painted" (PERFORMANCE). Stan Simzer, Building Services, was assigned to "clean and fix" the place before the extemvnation and painting was to be done. In the spirit of SPIRIT, Ben decided to "jump in" and work side-by-side with Stan on this project which Ben had initiated and now intended to follow through to completion (RESPONSIBLE). I can tell you from personal observations that this work involved some rather "unpleasant" situations. Ben didn't have to make this effort but decided that it was important enough, in the best interest of the employees and City, and would help relieve Stan of a rather overwhelming task (TEAMWORK). I think Ben Soto deserves the Quarterly Service Awazd because of his total commitment, above and beyond his normal duties, to make a safer and more pleasant work environment within the City. 7 Frank Babin, Risk Manager 12/10/07 b~, ~Q C Ya~VI .'Q yR1I' `'~~~ VV 1 ~l 7~~' V( ~' r"l I/l.( r-T/ 1 JrS IN THE VEOP~t ~J pv i'2i.. Jpt1 ~C~s.I.R.I.T. Awnrd Program Nomination Form Nominee Information: ~~~ i-~ Department Fre - zs~~ Phone # 2`13.7`/na Nominator In ormation: r '~1 Name ~- !ti'ltke :,~tc~e,~ Department t' i ~e K*'-S~v~ Date l 2' "1 ' b" Phone # 2~~ 3 - '1 yov Signatur ~ a~.~.`__ Using the S,P.I.R.I.T, guidelines, describe reason for nomination in one or more categories: r~5ervice -Providing exceptional customer service to other departments, employees, and/or citizens of betray Beach. Knowing your customer by listening and understanding their needs, expectations and concerns. Being sensitive to their feelings and addressing customer appropriately. • Following up with a timely response to calls and requests. • Taking the time to explain an action or a ".NO" response. ^ Performance is measured by: Setting realistic priorities, developing plans, taking action in a timely fashion, paying attention to details and doing it right the first time. Anticipating problems and identifying opportunities, developing regular status reports and providing updates on projects and major tasks. Being a steward of the public dollars by using resources efficiently and effectively, and evaluating your performance by customer satisfaction. Nominations must be submitted to Human Resources BY the 1'* Friday of the months of: October, January, April, July. 5:\Firc\Administration\CHIEF JAMES\CEIIEF JAME$\Spirit Program\SPIItIT Award Program Nomination Form.doc Nomination Form -- Page 2 ^ Integrity: • Respecting others, being courteous and polite. • Keeping your commitments, being honest, direct, and truthful. • Acting professionally and ethically. • Being loyal to the city and acting on what is best for the city. d Responsible: Taking ownership of your work task and problems. .~ Represent the City in a positive manner; appearance, workspace, equipment, etc. • Being prompt for work, meeting deadlines. o Innovative • Looking for new and better ways to do your job. • Thinking creatively -outside the box. • Use new approaches to delivering services and to salve a problem. o Teamwork: • Cooperating with others, by going beyond your role to help the team. • Keep others informed and involving others in your work activity when appropriate. • Sharing the credit and recognizing the contribution of others. The above are examples to assist you in the nomination process. Use the reverse side of this form for additional comments. Your input is important and valued! Original: Human Resources Copy: Nominee Nominees Supervisor Nominations must be submitted to Human Resources BY the ist Friday of the months of~ October, Jnnuory, April, July. The firefighter paramedics of Delray Beach Fire-Rescue Station 3 `A-shift' went all out for one of their patients and his family this holiday season. While treating the patient for a cazdiac event in November, the crew lead by Lt. Richard Bush, came upon an unusual family situation occurring within the residence. It was noted that the patient and his spouse had just recently taken in their deceased daughter's children. The children ranged in age from infant to teenagers. Under the direction of Lt. Bush, Driver Engineer Dale Fagan, FirefighterlParamedic Jack McKessy, Firefighter/Pazamedic Joe Falcone, Firefighter/Paramedic Chris Muller, Firefighter/Pazamedic Chris Hutchinson, and Firefighter/Paramedic Christine McCrady organized a collection drive within the Fire- Rescue Department to assist the family during the upcoming holiday season. Through a dedicated effort by the entire Fire-Rescue Department, the Station 3 crew collected $1,3D0.00 in cash. Lt. Bush then organized the crew to visit the residence to present the family with $1,000.00 in cash and $300.00 in Publix gift certificates. The patient, who had recovered enough to be dischazged from the hospital, and his family were pleasantly surprised to receive these gifts prior to Thanksgiving. This seasoned crew provided critical and timely life saving medical care to the patient and went the extra mile by identifying and providing for the patient's family and meeting a need. y r.,F~l ' Z 1 . rid MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: January 11, 2008 SUBJECT: AGENDA ITEM 7.B -REGULAR COMMISSION MEETING OF JANUARY 15, 2008 SPECIAL RECOGNITION AWARD-REEVE BRIGHT ITEM BEFORE COMMISSION This item was requested by Commissioner Brenda B. Montague and is before Commission to Mr. Reeve Bright for his outstanding annual contributions to the Boat Parade over many years MEMORANDUM TO: Mayor and City Commissioners FROM: Estelio Breto, Senior Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: January 9, 2008 SUBJECT: AGENDA ITEM 7.E. -REGULAR COMMISSION MEETING OF JANUARY I5, 2005 SITE PLAN REVIEW AND APPEARANCE BOARD AWARDS ITEM BEFORE COMMISSION Site Plan Review and Appearance Board Award Recognition Program BACKGROUND The Site Plan Review and Appearance Board (SPRAB) is conducting its 16th Annu Recognition Program. The awards are given to those property owners and their design teams significantly contributed to the beauty of the community through creative design or repo existing properties. Eligible projects are those that were approved by the Board, and ~ Certificate of Occupancy during the fiscal year (October 1, 2006 -September 30, 2007). TI awards will be presented to the recipients mentioned below at the City Commission meeting. This year's design categories and recipients include: NEW COMMERCIAL DEVELOPMENT Santa Fe Salon • Van Arnem Properties, Inc., (Owner/Developer) • Brewer Architecture, Inc., (Architect) • Michael Fay, (Landscape Architect) NEW RESIDENTIAL REDEVELOPMENT Gramercy Square Phase - I • Northstar Homes, (Developer) • Marc Wiener, AIA, (Architect) • Leo Urban, Urban Associates, Inc., (Landscape Architect) NEW DOWNTOWN RESIDENTIAL DEVELOPMENT Terraces at Delray • Grenadier Development, (Owner/Developer) • The Evans Group (Architect) • Enviroscape Land Planning & Landscape Architecture, (Landscape Architect) EXTERIOR RENOVATIONS La Cigale Restaurant • La Cigale Restaurant, (Owners) • Cope Architects, Inc., (Architect) • Daniel Carter and Associates, (Landscape Architect) NEW PUBLIC BUILDINGS Delray Beach Environmental Services Building • City of Delray Beach, (Owner) • Currie Sowards & Aguila, (Architect) • Jeny Turner, Turner & Associates, Inc. (Landscape Architect) WALL SIGNAGE Blacktip Reef • Gregory McMenaman (Owner) • Claudio Camilucci (Sign Contractor) MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, Assistant City Attorney THROUGH: City Attorney DATE: December 27, 2007 SUBJECT: AGENDA ITEM 8.A -REGULAR COMMISSION MEETING OF JANUARY 15,.2008 ACCEPTANCE OF EASEMENT DEED/YACHT CLUB AT DELRAY BEACH ITEM BEFORE COMMISSION ACCEPTANCE OF EASEMENT DEED/YACHT CLUB AT DELRAY BEACH: Ap accept an easement deed for the installation of a.public sidewalk to be constructed in front of t City lift station and adjacent to MacFarlane Drive. BACKGROUND The attached easement deed will allow a public sidewalk to be constructed in front of an exi lib station and adjacent to Macfarlane Drive. RECOMMENDATION Staff recommends acceptance of the easement deed. Prepated ey: RETURN: R. Brian Shutt, Esq. City Attorney's CNtice 200 N.W. 1st Avenue Dehay Beach, Florida 3344A EASEMENT DEED THIS iNDEN'TiIKE, made ibis ___._ day of 2007, by and between -i'HE YACiI`I' CLUB AT DELRAY BEACH, LI,I..P, with a mailing address of 3300 YGA Boulevard, Suite b20, Palm Beach Gardens, Florida 33410, part}' of the first part, and the CITY OF DELRAY BEACH, with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach County, Stale of Florida, party of the second part: WiTNESSETH: Thai the party of the first part, for and in consideration of the mutual promises herein contained and other good and valuable considerations, does hereby grant, bazgain, sell and release unto the party of the second part, its successors and assigns, a right of way and perpetual easement for the purpose of the construction and maintenance of a public sidewalk with full and free right, liberty, and authority io enter upon and to install and maintain such sidewalk across, through and upon or within the following described property located in Palm Beach County, Florida, to-wit: DESCRIP"iION See Exhibit "A" Concomitant and coextensive with this right is the further right in the party of the second party, its successors and assigns, of ingress and egress over and on that portion of land described above, to effect the purposes of the easement, as expressed hereinafter. That this easement. shall be subject only to those easements, restrictions, conditions and reservations of record. That the party of the first part agrees to provide for the release or subordination of any and all mortgages or liens encumbering this easement. The party of the first part also agrees to erect. no building or affect any other kind of construction or improvements upon the above-described property, other than the aforementioned sidewalk. It is understood that upon completion of sidewalk construction, all lands disturbed thereby as a result of such constriction performed thereon, will be restored to its original or like condition without expense to the property owner and that once the sidewalk has been constructed to the required standards ilre party of the second part shall repair and maintain the sidewalk in conformance with its practices of maintaining public sidewalks tliroughoui the City. Party of the first part sloes hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above-described easement and that the same is unencumbered except as provided above. Where the context of this Easement Deed allows or permits, the same shall include the successors or assigns of the parties. IN WITNESS WFIEREOI', the parties to this Easement Deed set their hands and seals the day and year first above written. WITNESS #1: > f k^~ ._. ~ [fit ~.:$"ri_ 1 i \('i'~~~~.-~- .....«. =... ~". y~lr~l.i~ ~t `. ~:. .'ice'} {name printed cir typed) WITNESS #2: <) ?,., :.... ~ ~ ~ ~~Y ,,~~~ {name printed ar typed) STATE OF 'C; ;,~ r ~ ~': ^. COUNTY OP 'r, '!%1'°, ~,~"'~_ The foregoing instrument was i`~~.?~' e.;i.~~i _, 2007 by- __.. •l incorporation) corporation, on has produced not take an oath. PARZY OF'I'HE FIRST PART ZTIH YACHT CLUB AT DELRAY BEACH, LI,LI , a Florida limited liability partnership By: Joshua I43cAlees, Manager acknowledged before me this ~~ ! ~`'` day of t'+';C_F~;~~_4, {name of officer or agent), of of corporation), a _ _=_~_~ {State or place of of the corporation. I~eiShe is personally,known_to me or _r_. (type of identification) as identification and didldid noTnar ~ ~~ zr c.,-~_ of t~totur~n _. 7f thany Tomlinson. ~L'RL'B?S$:411 ~`t)t)$bbZ$7 {SEAL) ~`.,., ~' F~:~ri:es: DEC. 20, 2008 B4VllED T BNti Ar;,L\?!C 80Sll7iG IX2, (Nt:. Signature of Notary~Public - SKETCH OF DESCRIPTION EXHIBIT 'A' SI-~ET ! OF ! ~~ ~ ~ N~ o~ !~ F„` Q ~~ 1J t L- t--~I ~~ q ~ ~`. w cQ ti. U ~ 1 ~. ,~ o° w Q w, Q ~~~ ~~~~~~ ~~~Q~+ Z ~~ '~ t j U w~ ~--__~ ~ ' N ~~ N07ES• THIS Is Nor A SURVEY ~, = CENTERLM~ O.R.B. = OFF/C1AL RECORD BOOK L-1 =REFER TO LINE TABLE' THE EAST LINE OF TRACT A 1S ASSLfi~D TD EAR N.7°2d'ld'E P.O.S = POINT OF BEGlt~NG q ' o ~, o ~ Q $ ~ "' 2 ~' ~., C> ~ o ~.., q o m +~' ~_I Q ~ Q„ ~ ti ~~ ~e ~` ~ J ~c~~ Qa ~~- wn. ~ ~~w U~ e^ ~~ ~--~fi s ``a ~Q a~ fJ e ~~~ ~ ~ ~+.I j) M d _~ ~~ I I racNT°RC~L~ ° r DESCRIPTIGN• DELRAY BEACH LJNE TABLE LINE NO. DISTANCE BEARING L-1 5.00' N82°39'50 W. L-2 2.5d' N.82°3950"W. L-3 2.50' S.82°3950'E. INGRAHAM AT/E~IE` - ~~ J~ COA~YiENClNG AT THE SDUThIEAST CGRAER DF ThE PLAT OF YACHT CL(,B AT DELRAY BEAG71, ACCORDING TO THE PLAT TI~REOF, AS RECORDED iN PLAT BDOK 1XI, PAGE l51 A~ 752, OF Tl~' PUBLIC RECORDS C?F PALM BEACH COL~tTY, FLORIDA; THENCE N7°20'10'E, ALONG Tt~ EAST LINE' ~ SAID PLAT OF YACHT CLUB AT DE2RAY BEACFI, A DISTANCE OF' 5630 FEET,' THENCE N.82°3950"N/, A DISTANCE OF 5.00 FEET TO T!-;E PD/NT DF BEGIN>~dNG; THENCE CONTINL+E N82°395f7"W., A DISTANCE Of" 250 FEET,• THENCE N7°20'!0'E, A DISTANCE OF 4200 FEET,• THENCE S.82°39'50'£, A DISTANCE DF 25d FEET,• Th~NCE S7°20'X7"W., A DISTANCE DF 42d0 FEET TO THE POINT OF BEGII~dUING. StDEWALK EASEt~NT ~~ J ~/' d-r THOMAS E. ADAMS St1RVEYOR & MAPPER x}!348° JANUARY 3, 2008 MEMORANDUM TO: Mayor and City Commissioners FROM: RANDAL L. KREJCAREK, PE, LEED AP RICHARD C. HASKO, PE, ENVIRONMENTAL SERVICES DIRECTOR THROUGH: David T. Harden, City Manager DATE: January 7, 2008 SUBJECT: AGENDA ITEM 8.B. -REGULAR COMMISSION. MEETING OF JANUARY 15, 2008 REQUEST FOR SIDEWALK DEFERRAL/418 NORTH OCEAN BOULEVARD ITEM BEFORE COMMISSION Deferral of sidewalk installation in front of 418 N Ocean Blvd. BACKGROUND This is a single Family residential lot located on N Ocean Blvd (SR AlA) just north of Beac current plan is to extend sidewalk along the west side of SR AlA from Atlantic Ave t Street. There are no plans to install a sidewalk on the west side of SR Al A north of Beach Dr. FUNDING SOURCE N/A RECOMMENDATION Staff supports approval for sidewalk deferral. AL W ~~ W ~V i A~ W ^•^ V / x' V, g'~ c ~ m M ~ -O.O Y' ~~ C O ~~ rI 1- o. a ~ .a M O O ~_ r I U25$ RNEHSIpE ERNE, SURE 4, PALM g6AGN GARCl F.NS, )=LORIDA $3AIQ 561.622.3x90 561 .627.774a c'nx G7~~4..lJ~R~ LIC;. nC t7C0/+~fi55 November 29, 2407 R. Brian Shutt, Esq. City Attorney's Office 200 N. W. 1" Avenue Delray Beach, FL 33444 Enclascd please find the required Agreement for Sidewalk Improvements. This is far the new single family home construction project at 418 North Ocean Bivd. Permit #f 47-116804. If you haue any further questions please contact Rob Scialla at 561-248-5435 regarding this project. ~ a f_.~ L. ~ 4 ~ i..,~ k ~ ``tIl'; 11!29/200'! 13:42 561r4'2041 RARKEFi-YRNNETTE Pl:GE 02 Prepared By: RETLiRN TO; R. Brian Shutt, Esq. City Attorney's Office 200 N. W: 1st Avenue Dekay Beach,l+lorida 33444 FOR t ~. THIS AGREEMENT entered 'unto this -' { _, day of '`= {''° _ 200 % between the City of Dehay ( Beach (hereinafter the City) arnl }~ ~ v ~ ~„ ' ~,,~,a :. ~ (hereinafter the Owners), for the purpose of waiving the requirement of the installa#on of a sidewalk a~ipng i';.> ~ - ' v ~ "~ ~ ~~ : -' ~ until such time as the City requests the construction of the sidewalk by the Owner. WHEREAS, T and Development ltegulaticsn Section 6.1.3(C) requires the installation of a sidewalk, within the 4 ~ ~ + 7 ;_ ; ~ right-o£-way immediately abutting the subject property, by the Owner prior to the issuance of a of occupancy; and, WHEREAS, the Owners have requested ~ waiver froix the requirement of the installation of a sidewalk pursuant to Land Development WHEREAS, in order to provide waive the requirement for the installation of a Section 6.1.3(D}(1}{b); and, along the street the City Conuuission voted to until such time as the City requests the Owner construct the side~vallc. 2L~25i260? 1: d2 561;4?2641 PARKER-Y't~*RJE7TE PAGE 0 WITNES5ETH .NOW, TEIEREFORE, in witness of the above and in consideration of the City agreeing to waive flue requirement for the installation of a sidewalk, at this time, for the property located at: 1. The Ownex agrees to construct a sidewalk, at its sole cost and expense, along the i ~ , ~M =-~-k-.~- i`?> ;-.~~:- - right-of-way abetting t7~ subject propealy, within a time period that is acceptable to the City, after being requested to do so by the City. The sidewalk, when cansstructod, shall meet all ofthe current ordinances of the City of Delray Beach. 2. It is the intent of, the parties that this Agreement shall xun with the land. This Agreement shall be recorded in the pubfic records of Paltn Beach County, Florida and shall be bit2dnag on the parties legal representatives, heirs, successors and assigns. IN WITNESS WI-IEREOf', the parties to this a~eement set theSr hands and seals 'thhis day of , 200. ATTEST: City Clerk CITX OF DELRAX BEACI-I, FLORIDA $Y= Approved as to form and sufficiency: City Attorney WITNESSES _ > ~... -~ i /~ f -- ,- ~" Mayor oWrrER,; F , „_... 2 11'29120©? 1?; 42 SF,1?<i??641 P,~RKER-Y^~NNETTE PC~GE 04 (Please type or print name) ~~~jyr ~,'. j;' f~ {Please type or print name} STATE OF r'-_ COUNTY OF r'v The foregoing instrument was acknowledged before me tlris =-~ _: day of ____ ~. =, , 20Q l by :^`;~ , : , ~ - . (came of o#ficer or agent), of {name of corporation), a ~S~e o~lace of i71COrpOratlbII) COS~OratIOILr OII 1)ehalf Of the GOrpOratiOD, kle/Sile yq;Onal}v known LD II1QiOT has produced (type ofidentification) as identification and did/did not take an oath. {SEAL) ~". y.... , THEH2E8,4 8 Ci.E~,RIo ' c MY COMMISSION # 4D870q@4 ~'~f+',; ', EXPIRES. October 31.20111 7.t08-0t6.~ vu,~pa~obrf'`~y+~Ke.com -,.: ~~' store of Notary Public - State of i~~~-~ agr/si~kmlk dafmal agxnwat MEMORANDUM TO: Mayor and City Commissioners FROM: Carolanne Kucmerowski, Construction Management Technician THROUGH: David T. Harden, City Manager Richard C. Hasko, Environmental Services Director DATE: January 10, 2008 SUBJECT: AGENDA ITEM S.C. -REGULAR COMMISSION MEETING OF JANUARY I5, 2008 CONTRACT CLOSEOUT (CHANGE ORDER NO. 1/FINAL)/HARTZELL CONSTRU INC. ITEM BEFORE_C_OMMISSION This item is before the Commission to approve a Contract Closeout (Change Order No. 1/Fi net deduct amount of (-$15,568.50) and final payment in the amount of $4,161.37 t~ Construction, Inc. for completion of the Community Improvement Sidewalk Project #2006-06 BACKGROUND The project scope consisted of the installation of a sidewalk along three streets in the Southwe the City as a Community Improvement Project. The change order includes plus and minus quantity adjustments and liquidates the resi contingency allowances. All changes for the project are itemized on the attached Schedule project is complete and all closeout documentation has been received. FUNDING_SOURCE Residual funds to be liquidated from Purchase Order #644756 to funding account 118-1965- (Community Development Fund/Improvements Other/Bikepaths/Sidewalks). RECOMMENDATION Staff recommends approval of a Contract Closeout (Change Order No. 1/Final) in the t amount of (-$15,568.50) and final payment in the amount of $4,161.37 to Hartzell Constru for completion of the Community Improvement Sidewalk Project. CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. I / Fiual (Contract Closeout) PROJECT NO. 2006-067 DATE: PROJECT TITLE: Community Improvement Sidewalk TO CONTRACTOR: Hartzell Construction, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES 1N THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS JUSTIFICATION: Complete changes to project per the attached Schedule "A". SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $98,796.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED 00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $98,796.00 COST OF CONSTRUCTION CHANGES THIS ORDER ($15,568.50) ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $83,22250 PER CENT DECREASE THIS CHANGE ORDER -15.75° TOTAL PER CENT DECREASE TO DATE - 15.75 CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable and in proper ratio to the cost of the original work contracted for under benefit of competitive bidding. Iartzell Construction, Inc. (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding is available from account: DEPARTMENT FUNDING CERTIFIED BY DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: By: Environmental Services Mayor ATTEST: APPROVED: City Attorney By: Ciry Clerk S\E~yAdmin\A'oRns\2004~2006~06TOFFICIALWmssl1 CO t Fw! OI1508.doc SCHEDULE"A" TO CHANGE ORDER N0. 7 !FINAL HARTZELL CONSTRUCT30N, INC. COMMUNITY IMPROVEMENT SIDEWALK P/N 7A06-067 CONTRACTAWARD CONTRACT TO DATE ITEM DESCRIPTION UNIT NO. EST. 'PY. UNIT PRICE EXTENDED TOTAL PRICE ACTUAL QTY. UNIT PR[CE EXTENDED TOTAL PRICE QUAN"C ADd,+/- LO Siff Mabilfza6on i..S. t S330b.00 53.300.00 1 53,30000 $3.500.00 50.00 2.0 Mainteeance of Snffic L.S. I 52,300.00 52,500.00 1 52.300.00 52,3DD.W ED.00 30 Clwrm~and Grubbiv~ LS. 1 520.000.00 520,000.00 1 $20,W0.00 520,000.00 50.00 4.0 4" 7Tick - 3' Concrete Sidewak S.F. 6375 56,73 444,381.23 5620 56.75 537,933.00 (56,446.25 50 6"Think-3'Covcrele Sidewalk S.F. 436 56.73 52.943.00 605 56.75 54,083.73 ELI40.73 G.0 Concrete llsivewavA rocs 6") $.F. 249 SG.73 $1,680.73 1141 $G.7S 57,70195 56,021.00 7.0 Saw-Cut /Scored lom~s (rJ EzisMg on ~ L.F. 408 53.30 52,244.00 tq2 55.30 $2,981.W 5777.00 8.0 Swalt Grzdine&So<Idm S.Y. 842 $8.50 $7,137.00 736 $8.30 52,636.00 (54.30F.00 9.0 I IY1" As halt S.Y. 42 Sft0.00 53,360.00 0 58000 80.00 (53.360.00 10.0 B"Limerock 73xx S.Y. 42 530.00 51,260.00 0 530.00 50.00 151,260.00 IIA 72"Smbilized 6vb ade S.Y. 42 530.00 51,260.00 0 E3D.00 5000 (51.260.00 12.0 Pavement Markin and Si a c L.S. I T300.00 5300.00 1 $3DD.00 f30D.00 50.00 13.0 tJtili. Allowance L.S. I $2,DW.00 S2,OOV.00 0 52.00000 50.00 (52,000.00 14.0 Landsca Allowance L.S. 1 54,000.00 54.000.00 0 54.000.00 50.00 $4,000.00 13.0 Video Allowance L.S. 1 52,000.00 $2,000.00 I 52,000.00 $2,000.00 50.00 16.0 IndemniEcativn L.S. I 510.00 SI0.00 1 510.00 SI0.00 50.00 3x Clearm &Grvbbm~~(CrWill L.S. 0 40.00 ~ 50.00 1 (S L3W.00 (51,300.00 E3.3DD.DD ]2e Pavement Mackin L.S. 0 50.00 50.00 L 5360.00 S36D.00 E36U.00 4a Covcrtte Rcmovxl L.S. 0 50.00 50.00 I 5300.00 5300.00 5300.00 TOTAL ORIGINAL CONTRACT AWARD $96,796.00 $83,227.50 ($15,568.50) Original Contract Award $98,796.00 Previously Approved Changes $0.00 Total AwardlApproved to Date 598,796.00 Final Contract to Date 583,227.60 CHANGE ORDER NO. 1 /FINAL (Et5,588.50) S:\ErgAdmin\Pmjecls1200612008-06TOFFICIALUia0z811 SchedWe A Final GC 07750B.zls MEMORANDUM TO: Mayor and City Commissioners FROM: Randal L Krejcarek, PE, LEED AP Richard C Hasko, PE THROUGH: David T. Harden, City Manager DATE: December 17, 2007 SUBJECT: AGENDA ITEM 8.D. -REGULAR COMMISSION MEETING OF JANUARY I5, 2008 SERVICE AUTHORIZATION NO. 8/SPATIAL FOCUS, INC. ITEM BEFORE COMMISSION Request approval/authorization for Mayor to execute agreement with Spatial Focus for as: developing a GIS application to streamline the development of the annual Capital Imp Program (CIP). Project will cost $19,025.00. BACKGROUND This past Novemeber staff worked closely with Spatial Focus, Ina to develop a protoype rel will be used to provide City Commission and the public with CIP project status information. the report format is finalized the next step is to develop the input process. This process will b for developing the annual CIP. Specific tasks to be completed under the proposed service aut include; defining workflow, defining output requirements, identifying and eliminating data re creating a data repository with spatial components for GIS use, assist in the creation of ten CIP input data and training so that staff can modify and maintain the application without hav additional software or pay annual software maintenance. This service authorization will cover approximalte 30% of the total work required for the con the GIS CIP Application project. The remaining 70% will be completed utilizing City staff that the consultant is completing is the critical part that will enable us to complete the 70%. Our approach to implementing GIS has always been to accomplish as much as possib] house staff. FUNDING SOURCE Account 448-5411-538-31.90 442-5178-536-31.90 Amount $14,000.00 $ 5,025.00 (After budget transfer) $19,025.00 RECOMMENDATION Staff recommends approval. CONSULTING SERVICES AUTHORIZATION DATE: SERVICE AUTHORIZATION NO.: 8 FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE TITLE: Development of methods, application for Internet map services, documentation and training, and acquisition of necessary software. This Service Authorization shall be incorporated in and shall become an integral part of the contract. 1. PROLECT DESCRIPTION: Spatial Focus assisted the City of Delray Beach in the development of a prototype application that unifies the Capital Improvements Program (CIP) planning and management phases. Based on the results of the prototype, the City has requested a proposal for the development of an application that will accomplish the purposes as defined below. The tasks have been defined to support the process of developing the application in a way that supports the departmental users, and makes information available on a real-time basis, throughout the organization. II. SCOPE OF SERVICES: The scope of services is described in the attached proposal. There are five defined tasks, one of them optional: • Determine planning phase input requirements and resolution • Develop mechanisms required to accommodate CIP information lifecycle • Design database to support application requirements • Create CIP application • Training (optional) 111. BUDGET The budget is based upon the tasks as described in the Proposal attached hereto. Task ' Units/Rate 1: Determine planning ~ day/$800/day phase input requirements and resolution 8 days/$600/day ___ 2: Develop mechanisms required to accommodate 1 day/$800/day CIP information lifecycle i t day/600/day 3: Design database to support application 2 days/$800/day requirements 2 days/$600/day 4: Create CIP application ' 6 days/$800/day 2 days/$600/day Total l $5600.00 I __ $1,400.00 $2,800.00 $6000.00 Task Units/Rate Total 5: Training 1 day/$800/day ' $800.00 Travel associated with Tasks airfare, lodging, meals and ', land 5 ground transportation $2425.00 TOTAL $19,025.00 1V. Schedule Spatial Focus will complete the work on Tasks 1 through 4 within 90 days from a Service Authorization. If the City includes Task 5, training can be scheduled following completion of the application. Task 1: This task involves interviews with City staff members within the 10 departments listed in this task. It is estimated that this will require three weeks to complete, depending upon the availability of City staff. This task will be started by scheduling the interviews as soon as the Service Authorization is issued. The time period could extend if additional departments are added to the proposed list, or if personnel are not available. Task 2: This task requires working with the financial system and CIP system to develop methods to keep data on each project available during year-end rollover. This task will require approximately two weeks to complete, and is dependent upon the availability of the systems personnel for the financial system. Task 3: Development of the database can be completed within .three weeks following the completion of Tasks 1 and 2. Task 4: Development and testing of the application will be completed within four weeks following completion of Task 3. Task 5: Training will be scheduled once the application is installed and tested. The training is scheduled for one day. This service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the City may terminate the contract without incurring any further liability. The CONSULTANT may not commence work on any service authorization approved by the City to be included as part of the contract without a further notice to proceed. Approved by: CITY OF DELRAY BEACH Date Joseph Safford Finance Director Attest Approved as to Legal Sufficiency and Form CONSULTANT: Spatial Focus, Inc Date By: Martha Wells, Treasurer Seal Witness: Witness Attest: BEFORE ME, the foregoing instrument, this day of _, 2008, was acknowledged by Martha Wells on behalf of the Corporation Spatial Focus, Inc., and said person executed the same freely and voluntarily for the purpose therein expressed Witness my hand and seal in the County and State aforesaid this _ day of January, 2008. Notary Public State of Georoia My Commission Expires: MEMORANDUM TO: Mayor and City Commissioners FROM: Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: January 7, 2008 SUBJECT: AGENDA ITEM 8.E -REGULAR COMMISSION MEETING OF JANUARY 15, 2008 CURRIE SOWARDS AGUILA SERVICE AUTHORIZATION #14.5 ITEM BEFORE COMMISSION Staff requests approval of Service Authorization #14.5 for Currie Sowards Aguila Architects the amount of $3,750 for supplemental consulting services resulting from site revisions to the Park project as required by the South Florida Water Management District, and authorization 1 purchase order #625670 to CSA for the Mangrove Park project by that amount. BACKGROUND During a recent field inspection of the improvements under construction for Mangrove P; Florida Water Management District (SFWMD) staff noted that the proposed alignment of the edge of the east west driveway and sidewalk was encroaching into an established mangrove exact location of this mangrove line was unable to be obtained during preconstruction survey to restrictions on access to the uncleared property because of the environmentally sensitive na site. The least impacting option on site functionality was to delete the sidewalk and r pavement widths of the driveway and parallel parking spaces in this area. Implementati revision required supplemental meeting attendance and design effort by the City's consulta Authorization #14.5 constitutes compensation for that additional work. FUNDING SOURCE Funding for this expense is available in account number 334-4174-572-63.90, Mangrove Park. RECOMMENDATION Staff recommends approval of service authorization #14.5 to Cume Sowards Aguila. CURRIE SOWARDS •AGUILA ARCI-IITECTS Robert G. Currie, AIA Jess M. Sowards, AIA .los@ N ASuila, AIA December 24, 2007 Mr. Richard Hasko OF `'1 ~~ Environmental Services D(rector ~ 2 434 South Swinton Avenue $Y,• ~ 8 2r7~ Delary Beach, Florida 33444 Re: Mangrove Park Additional 9ervice6 Project No. 021002 Dear Richard: As you know, due to unforeseen conditions we have been required to make additional revisions to the construction documents which have resulted fn additional Services required on the part of my office as well a5 my consultants. The latest set of revisions resulted from a field inspection on the part of South Florida Water Management D(str(ct wherein they observed that the new proposed eastlwest drive and Sidewalk would be encroaching into the established mangrove Itne. The permit Set was prepared from a survey prepared by a local Survey company and performed while the site was extensively overgrown and difficult to clearly delineate. Upon construction layout the issue became obvious resulting in two alternative plans ofaction; the first would be to Seek permission to remove and mitigate the mangroves, a prcceSS that would at best take at least twelve months, or the better course was to remove the sidewalk and reduce the pavement width. The latter action could receive a verbal approval from the lead agency (SFWMD), allowthe CSC to continue with construction, and provide the City with a credit for the material not installed. My office was directed to proceed with the plan revision which incurred Several site meetings, meetings with the approving agency, revlSlonS to plans, letters to document the change, and permit document revisions. AS a consequence, we have incurred an additional expense of $3,750.00. Attached please find Service Authorization number 14.5 to cover the additional Services associated with this revision. Sincerely, CURRIE 50WARDS AGUILA ARCHITECTS Josh N. Agulla, AIA Principal PO RM ERLY AOBPRT G. CUARIE PA ftTH ER9HIP. IRC. •AIA FLORIDA FIRM OP THE YEAR 2000 I SA Rortpea s[ Phs[ Avenue Delray Beach. Ploritla 35444 5613]8-4951 Fax: 561-3A3.8] 86 AAD 0023) 1 w w w.currle arc.com i i llY ~~ i CURRIE SOWARDS •AGUILA ARCHITECTS Robert G. Currie, AIA Jess M. Sowards, AIA Jos@ n. Agutla, AIA CURRIE 50WARD5 AGUILA ARCHITECTS CONSULTING SERVICE AUTHORIZAYION DATE: December 24, 2007 SERVICE AUTHORIZATION N0. 14.5 FOR CONSULTING SERVICES CITY P. 0. NUMBER: CITY EXPENSE CODE: TITLE WTRACOASTAL iManarova) PARK CSAA # 021002 This Service Authorization, when executed, shall be incorporated in and shall become an integral parC of the Agreement dated March 29, 1996, as amended, between the City of Delray Beach and The Robert G. Currie Partnership, Inc., dba Currie Sowards Aquila Architects I PROJECT DESCRIPTION Services consist of additional meetings and plan revisions required due to unforeseen conflicts in the proposed design and the actual location of the mangrove line adjacent to the east/west Sidewalk and drive. II SCOPE OF SERVICES Services include required site and office meetings, coordination with South Florida Water Management District representatives, construction and permit document revisions, submittal to permitting agenc(es, and coordination with general contractor. Revisions to site plan approval Set are not included. III BUDGET Fees for professional services associated with the tasks listed herein shall be a lump Sum fee of Three Thousand Seven Hundred and F1fty Dollars and No Cents 03,750.00). IV COMPLETION DATE Each Task will be completed in conjunction with construction activities already in progress. This Service Authorization (5 approved contingent upon the City's acceptance of and satisfaction with the completion of 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 service provided in the previous phase or Service Authorization, the City may terminate the Contract without incurring arty further liability. The CONSULTANT may not commence work on any Service Authorization approved by the Clty to be included as part of the Contract without a further notice to proceed. FO RM Eft LY ROBERT O. CURRIE PA RTA EA9nIP. IIYC. •AIA PLOAIDA FIRM OF THE YEAR 2000 134 hor[heast rust Avenue Delray Beach, Florida 33444 561-276-4951 Pax: 561-24.3-8184 AA0002271 www.currie arc.cnm ~'! ~f/ ~~J Approved by: CItY OF DELRAY BEACH Date: Joseph Safford, Finance Director Attest: CURRIE 50WARD5 AGUILA ARCHITECTS Date: 12• z-t-o'I Jos€ N. c Witne~5 ~ ~' l~r ~`_ Witness STATE OF FLORIDA COUN71' OF PALM BEACH The fallowing instrument was acknowledged Before me this ~ Day of DPL2mbeY , 2007, by Jose N. Aguila, cf The Robert G. Currie Partnership, Inc., dba Currie Sowards Agulla Architects, a Professional Association. He is personally known to me And did not take an oath. Notary Public My Commission Expires: i. i z 'i-i' ll1 1J/ b~'~`~i,•. JennHer Whitley ' Commission t DD816554 ~~a ~~e`NExpine m~~ mbar ~30.0m0 SEAL MEMORANDUM TO: Mayor and City Commissioners FROM: Randal L. Krejcarek, PE, LEED AP Richard C. Hasko, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: January 11, 2008 SUBJECT: AGENDA ITEM 8.F -REGULAR COMMISSION MEETING OF JANUARY I5, 2008 SERVICE AUTHORIZATION NO. 07-03/ MATHEWS CONSULTING, INC. ITEM BEFORE COMMISSION This item is before the Commission to approve/authorize Mayor to execute Service Authoriz 03 with Mathews Consulting. This Authorization is for a surface water management study Area and will cost $27,763.00. BACKGROUND The City has undertaken a program for redevelopment of the area bounded by I-95 on the 10th Street on the south, Swinton Avenue on the east and Atlantic Avenue on the north. Det; plan are outlined in the Southwest Area Neighborhood Redevelopment Plan, dated 09 P Before redevelopment can occur in the SW Area Neighborhood, the City needs to develop addressing drainage. While most of the SW Area Neighborhood already has provisions for drt area bounded by I-95 on the west, SW 4th Street on the south, SW 10th Avenue on the east ar Avenue on the north does not. A master plan for this sub-area needs to be developed in order redevelopment. This Authorization will provide the City with a South Florida Water Mt District (SFWMD) conceptual permit, for the subarea described above, that will be used to i the individual drainage improvements as redevelopment occurs in this neighborhood. FU_NDIN_ G SOURCE 448-5411-538-31.30, Professional Services / Engineering/Architect; after transfer. RECOMMENDATION Staff recommends approval. ~~ W /`'~J[J R[ .~ n~ W L Q x` w~~ O u, ~ ~ ~o;o a• ~co ~~ ~ o. a. a~ L Q ~~ w _~ L U (6 N m T f6 0 O O N r CITY OF DELRAY BEACH CONSULTING SERVICE AUTHORIZATION DATE: SERVICE AUTHORIZATION NO. 07-03 FOR. CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE: CITY PROJECT NO. MATFIEWS CONSULT. PROJECT NO. ~ t-153 TITLE: Southwest Area Neighborhood -Surface Water ManagemenC Study This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the Contract. TITLE: Agreement for General C,onsuIting Engineering Services - 2007 I. PROJECT DESCRIPTION The City of Delray Beach has undertaken a program for the redevelopment of the area of the City located south of Atlantic Avenue and east of I-95, west of Swinton Avenue and generally north of SW 10`h Street. This redevelopment program is divided into sub areas, one of which is identified as the Northwest Quadrant, in the Southwest Areu Neighborhood Redevelopment Plan, by JEG Associates, May 9, 2003. The scope of this work consists of a surface water management study and conceptual permit application services for the portion of the Northwest Quadrant which currently does not have positive drainage facilities. The limits of the study area are Atlantic Avenue on the north, 10`~ Avenue on the east, I-95 on the west and 4`~' Street on the south (Refer to attached study area map). The scope of this Service Authorization is limited to providing engineering services as required for the review of existing surface water management studies and as-built information; identification of the recommended improvements in order to provide water quantity and water quality improvements; and preparation of a conceptual permit application to South Florida Water Management District (SFWMD) for the study area. Due to the fact that this area is already developed and the downstream drainage system is existing the goal will be to provide improved flood protection and water quality treatment. It may not be possible, however to meet the minimum level of service requirements. The intent is to provide an approved conceptual drainage plan for the SW Area Neighborhood Surface Water Study 1 MATHEWS CONSULTING study area to be used as a guide for obtaining conshuction permits from the SFWMD for future infill developments and redevelopment projects. II. SCOPE OF SERVICES Phase I - Study and Report Phase Consultant shall provide study and report phase services in accordance with Article III A of the Agreement for Engineering Services with the City, dated May 30, 2007. 1. Research existing surface water management permits on file with the SFWMD. 2. Conduct field visit to review the existing conditions of the study az~ea. 3. Review previously prepared surface water management reports (1994 Stormwater Master Plan prepared by Mock, Roos & Associates; and 2000 Stormwater Master Plan Update prepared by Kimley-Horn & Associates) and designs for the study area and summarize recommendations for improvements. The status of the previous recommendations will be discussed with the City and whether the recommendations have been or will be implemented. 4. Review of the City's Drainage System Atlas maps and record drawings to delineate the study area served by the existing drainage system outfall along SW 3`d Street. 5. Identify the minimum levels of service required by the City's Comprehensive Plan for roadway flood protection. 6. Available topographic information and aerial data shall be utilized in order to determine the limits of the drainage basin, the general direction of surface drainage flow, to estimate percent pervious and impervious areas and to develop stage/storage curves. Surveying services are not included in this proposal. 7. Identify opportunities for providing water quality treatment for the study area within swales along the road rights-of--way or in dry detention area(s) within city- owned properties located within the study azea. The City will identify the city- owned properties within the study area. Water quality treatment will not be provided via exfiltration trench, at the request of the City. 8. Flood routing calculations will be performed for the study area for the following storm events: 3 year-1 day, 25 year-3 day and 1.00 year-3 day. Tailwater at the discharge to the existing drainage inlet at the intersection of SW 1.3'" Avenue and SW 2"d Street, will be assumed to be 1 foot below the grate elevation. Based upon the drainage basin boundary as shown on Storm Drainage Watershed SW Area Neighborhood Surface Water Study 2 MATHEWS CONSULTING Boundary Survey Key Map, Russell & Axon Inc., dated May 1972, (attached) it is assumed for the purposes of this study, that the drainage outfall pipe along SW 3rd Street to the Intracoastal Waterway was sized to accept stotntwater runoff from the study area. 9. MC shall schedule and attend apre-application meeting with the SFWMD to discuss the project and the permit application. MC shall prepare and distribute the meeting minutes. 10. MC shall prepare the conceptual drainage permit application to the SFWMD which shall include conceptual drainage plan showing the approximate size, location and discharge points, and the flood routing calculations. As this study and permit application package is conceptual in nature, it is assumed that no construction permit applications or permit applications to other permitting agencies will be submitted. 11. Four (4) Draft copies of the study with conceptual plan drawings for the surface water management system shall be provided to the City of Delray Beach for review and comment. 12. MC shall meet with the City to discuss comments and incorporate comments into ftnal documents. The scope includes a maximum of three (3} meetings with the City. 13. Five (5) copies of the Final application document will be submitted to the SFWMD for concephial permit Four (4) copies of the application document will be provided to the City. Phase II -Preliminary Design Phase Preliminary Design Phase Services are not included in this Service Authorization No. 07- 03 and shall be negotiated under an Amendment to this Authorization if requested by the City. Phase III -Final Design Phase Final Design Phase Services are not included in this Service Authorization No. 07-03 and shall be negotiated under an Amendment to this Authorization if requested by the City. Phase IV - Bidding/Negotiation Phase Bidding Phase Services are not included in this Service Authorization No. 07-03 and. shall be negotiated under an Amendment to this Authorization if requested by the City. SW Area Neighborhood Surface Water Study 3 MATHEWS CONSULTING Phase V -Construction Administration Phase Construction Phase Services are not included in this Service Authorization No. 07-03 and shall be negotiated under an Amendment to this Authorization if requested by the City. ASSUMPTIONS Work described herein is based upon the assumptions listed below. If conditions differ from those assumed in a manner that will affect schedule of Scope of Work, Consultant shall advise City in writing of the magnitude of the required adjustments. Changes in completion schedule or compensation to Consultant will be negotiated with City. City will provide Consultant record drawings of all available existing facilities and proposed facilities, which shall serve as the basis of design in this project. The information will be provided to Consultant within 7 calendar days of NTP. 2. City of Delray Beach shall pay all permit fees. 3. The study area does not include areas already served by pipes drainage systems, i.e. the foil service center, etc. 4. Hydraulic modeling of the existing, downstream drainage system is not included in this scope of work. 5. Scope of work does not include surveying or geotechnical services. 6. Scope of work does not include preparation of construction documents, specifications, cost estimating, bidding services or construction adminishation services. ADDITIONAL SERVICES Consultant shall provide additional engineering services relating to the provision of drainage related improvements to the project area that are not covered under this Service Authorization. Services performed under this task will be on as-directed basis in accordance with a written Notice-to-Proceed from the City Manager. 1'he Notice-to-Proceed issued shall contain the following information and requirements. A detailed description of the work to be undertaken. ^ A budget establishing the amount of the fee to be paid in accordance with the Agreement A time established for completion of the work. SW Area Neighborhood Surface Water Study 4 MATHEWS CONSULTING III. TIME OF PERFORMANCE The completion dates for this work will be as follows (starting at written noticeto-proceed). Eneineering Services Mtg w/City & ID Water Quality Sites Study Report Preparation City review & comment Permit Application Preparation Receive Comments from SFWMI~ Respond to SFWMD Comments Receive Permit Time per Task 2 weeks 6 weeks 1 week 2 weeks 4 weeks 2 weeks 4 weeks (estimated) Cumulative Time 2 weeks 8 weeks 9 weeks 11 weeks IS weeks 17 weeks 2] weeks * The schedule is based upon conducting a review meeting within 7 calendar days after City receives the Submittal All review comments shall be provided to Consultatrt within 7 calendar days after City receives the submittal. An adjustment to the overall schedule will be required in case the review meeting takes longer to be conducted and/or obtaining comments takes longer to receive. IV. COMPENSATION The compensation for services provided shall be billed on an hourly basis plus reimbursable expenses for each phase of work in accordance with Article VII, Method II, up to the following not to exceed cost for each phase. Refer to Attachment A. En ineering Services Phase I -Study and Report Permitting Out-of-Pocket Expenses TOTAL PROJECT COST Estimated Fees $ 22,172.00 $ 4,391.00 $ 1,200.OOtrI $ 27,763.00 Notes: ItlOut-nf-Pocket Expenses tnchrde the following: printing/reproductton and postage. SW Area Neighborhood Surface Water Study 5 MATHEWS CONSULTING This Service Authorization is approved contingent upon the City's acceptance of and satisfaction of the completion of the services rendered in the previous phase whereas 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 shall commence work upon City Commission approval and this Service Authorization to be included as part of the contract without any further notice to proceed. Approve by: CITY OF DELIZAY BEACH: Date: David Harden, City Manager MATHEWS CONSULTING, INC. -2 ~o$ David Mathews:tPlE.. Vice President Witness Attest: Approved as to Legal Sufficiency and Form S'L'ATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instntment was acknowledged before me this7J d y ofl ~/ , 2008 by David Mathews, Vice President of Mathews Consulting, Inc., a Florida corporation., on behalf of the corporation. I3e/She is (personally known_to me) or (has produced identif cation), Florida Driver's License and (did/did not) take an oath. ;~,...,,~ r~arwy ArmaVaq g tiAy Cornrr~awlon [N7292M0 ~apeF Expires FebrueiY 28, 2000 -~,. f Signature of pe}5 n taking ~" aclntowledgerrte~it SW Area Neighborhood Surface Wa[er Study 6 MATHEWS CONSULTING SEE SHEET ~ \~_ ~~~- ,_ Ixo6 ca sn , 3 ~ l = i i I I 1 Z ~~ ~ t 1 i i ImBp} )C 62 I I Yoa rn5 . 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I ' l I ~ I _ I I rye ) I _ 1L;n~~lm 3_n ~~ i ~ ~ II ~ I _ C 1 r ' ~ C .. ~ ~ ,. 0410 ~ ?Cx~11 _ ~ ~ ti I r _. i I I ]CSI 3' C ~ 9 3 I ~ _ - ~ ~~ I } l { ~65~M49A I r 1 ~ YCab I I n3os ~ I \ ~ rE. L--. E -. Tn*= MJQ91.. 1iM~U? 1 ~SyF (~ ~+ r / / I .. 5 W. "_44I ~ `• I) al ~ t rzvz5 p dyE~~ a~w )u ~~ ~ i ~. .~~ I I ~ p~i I I /1 % Q > I ~ o 1 1 ~~! ~ - ~ ~ ~ ~ _ I ~ i ~ I zcsoa ~ ~ ~ 3RD CT ~ I 1// ~ k ~ r crs. t i n r SW 3RD C1. 7 ~ S 1 t ' x yc e. ..wu i ! Mx Flr,~ c I ~ sI 1 ~ I ~~ ~ - ~ ~ Sa ~L PU STI ~^ r ~ ~ a ~~ c Ian 121: I 17 r .~ _ ~_ .~ WJ -S-Arc a zk z ~_ i 20 _ i r ~- I 4 ~ ~ 4)orto; ~ ~~ 2oc.B< 5~~~^ !I ~ ~ I ~~ ~~ ~ I ~ ,, I I i II k _ ` ~ ` < I I a~-c s aacz6x~~~\•-}z°` 2.cz~s I l ! - < I..._ x „~.1* i_' r .E.'T.Cgac )zs--` a' uP.. CuRO ~+ u` \ c:.zcs '~ J ~ - ~ ~b -,r~,L,TY I ne __ _ r I I s ~ 11 ..- ~ t ~l eCP9 ~ zaGlNS '' = ~' :6 ;~' .. '.I ~ c ~a~' ~ ac:as ,S /n ~~,i,~/ r ... _ 3.. ~~aoaren .,uNC zonz a~~ 5-r~DY PRE.A SEE SHEET ;~~au,~r vaNCE: ~a----JI ~i~-~; ~-~ PRIVATE ~--~- ~ `~t'*iT`f ~ ~ FDOT ~~= L11vDD ~ R ~ ~RfilMdf..~ n'rl ~.~ .~ r _~. - -,~ yw,- City of Delray Beach -Southwest Area Neighhorhond -Surface Water Mnnngement Sturly Ma[hews Cazsulting IIudeet Summary Labor Classifi cation antl Hourl Rates Principal Construction Sr. Eng Sub- Task Engineer Engineer Inspector Tech Clerical Total Consultant No. Task Description $139.00 $127.00 $78.75 $94.00 $52.00 Labor Services 1 Study Phase _. Review reQorts, records, pennrt files, field msd 12 __ _ _ $1 668 _ ID Levels of Service 3 $417 ID water quality treatment rtes talc treatment volumes _ _ 30 _ _ $4,170 - _ ReviewavailaUle topographic & aerial info, talc storage 25 12 $4,603 Flood routm~modeis __ 30 $4 170 Revew meetings (3 max)_. 12 8 $2,064 _ Report preparation - -- 20 8 8 $3 948 QA/QC __ _ 8 _. _ _ - - ...._ _.. $1,112 _. _.___..._.- - __ 2 -___-PP _ -.. __. PermitA Ilcation _ _ PreapplicaUOn mtg w/SFWMD 4 _. __ _ _ _ $556 __ _ _ __ Prepare & submit~ennn package __ _ 15 _ _ 10 _ _ $2 605 Adtlress permit comments (1 max) 6 _. _. 2 4 $1,230 __ LaborSubtolal Hours 165 0 __ 0 22 30 $0 _ _ Labor Subtotal Costs _ $22,935 $0 $D $2,068 $1,560 _ $26,563 Labor TOtal Costs $26,563 Subconsultant Costs Total $0 _ SubconsultantMUitiplier - -_- 1.1 - __--- __- - - - Subconsultant TOta( $0 Reimbursable Expenses $1,200 Pro ect Total 827,763 1/2/2008 Mathews Consulting, Inc. MEMORANDUM TO: Mayor and City Commissioners FROM: Randal L. Krejcarek, PE, LEED AP Richard C. Hasko, PE THROUGH: David T. Harden, City Manager DATE: January 9, 2008 SUBJECT: AGENDA ITEM 8.G -REGULAR COMMISSION MEETING OF JANUARY 15, 2008 AGREEMENT/ ERDMAN ANTHONY AND ASSOCIATES, INC. ITEM BEFORE COMMISSION This item is before the Commission to approve/authorize the Mayor to execute a Vendor Agreement with Erdman Anthony and Associates, Inc. for the design of trombone mast arm signals at the intersection of SW 2nd Avenue and W Atlantic Avenue. The cost for these design services is $38,200.00 BACKGROUND As part of the tri-party agreement between the City, Library and County the intersection of SW 2nd Avenue and W Atlantic Avenue was to be signalized. The County installed temporary signals prior to the opening of the new South County Courthouse Parking Garage. The County also committed $150,000.00 toward the construction of permanent trombone mast arms at this location. See attached Board of County Commissioners Agenda Item related to $150,000.00 commitment. The estimated cost to construct the trombone mast arm signals is approximately $310,000. Staff is coordinating with the CRA for the required supplementary construction funding in conjunction with the CRA funded SW 2nd Avenue beautification project from Atlantic Avenue to SW 1st Street which is currently in design and scheduled for construciton upon completion of the County Court House Expansion. Erdmann Anthony is the consultant hired by Florida Department of Transportation (FDOT) that designed the W Atlantic Ave Beautification and RRR project, which included the design of three trombone mast arm signals at SW-NW 12th Ave, SW-NW 10th Ave and SW-NW 8tt' Avenue. Erdmann Anthony was asked to submit a proposal to design the trombone mast arm at SW 2nd Avenue and W Atlantic Avenue because of this other similar work just completed along W Atlantic Avenue. FUNDING SOURCE Funding will be available in account #334-3162-541-65.87, as provided by the CRA. RECOMMENDATION Staff recommends approval. N Q U a-=~ C6 +-~ Q t./ `~J N ~; ~= m ~~ac >• sc ~, ~.-N c~ a~-- W H U f0 N m J+ f6 ^L` W 0 0 N STANDARD FORM OF AGREEMENT BETWEEN CITY AND VENDOR THIS AGREEMENT made this day of 20_, by and between the CITY OF DELRAY BEACH (hereinafter called CITY) and Erdman Anthony and Associates, Inc. (hereinafter called VENDOR). WITNESSETH: The CITY and the VENDOR in consideration of the mutual covenants hereinafter set forth, agree as follows: 1. The undersigned VENDOR hereby represents that he has carefully examined all documents attached hereto, and wilt perform all requirements, pursuant to all covenants and conditions, as provided by this Agreement and any attachments. 2. The VENDOR, as evidenced by the execution of this Agreement, acknowledges that it has examined all specifications and requirements of this bid. The VENDOR further acknowledges that the bid price includes all costs and expenses required for the satisfactory completion of all requirements provided by this Agreement. 3. The Agreement between the CITY and the VENDOR include the following documents which are attached hereto and incorporated herein by reference of the following: AGREEMENT DOCUMENT (S) Standard Form of Agreement Corporate Acknowledgment Certificate Insurance Requirements Sample Insurance Form Service Authorization & Schedule Pricing Breakdown PAGE NUMBERS 1-4 5 6 7-9 10-11 12-16 17 Addenda numbers to inclusive, and any modifications delivered after execution of this Agreement. 4. The term of this Agreement shall commence on the date written above. 5. This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement shall be Palm Beach County, Florida. 6. All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: As to City: City of Delray Beach, FL 100 NW 1st Avenue Delray Beach, FL 33444 As to VENDOR: James F. Noth. PE. PSM Vice President Erdman Anthonv and Associates. Inc. 1402 Roval Palm Beach Blvd.. Bldg. 500 Roval Palm Beach, FL 33411 7. The VENDOR shall not, without prior written consent of the CITY, assign any portion of its interest under this Agreement and, specifically, the VENDOR shall not assign any moneys due or to become due without the prior written consent of the CITY. 8. The CITY and the VENDOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto in respect to all convenants, conditions and obligations contained in the Agreement. 9. In consideration of ten dollars ($10.00) and other valuable consideration, the VENDOR shall defend, indemnify and save harmless the CITY, its officers, agents z and employees, from or on account of any liabilities, damages, losses and costs received or sustained by any person or persons by or in consequence of any negligence (excluding the sole negligence of the CITY), recklessness or intentional wrongful misconduct of the VENDOR and any persons employed or utilized by the VENDOR in the performance of this Agreement. VENDOR agrees that negligent, reckless or intentional wrongful misconduct includes, but is not limited to, use of any improper materials or liabilities, damages, losses or costs caused by or on account of the use of any improper materials. VENDOR agrees that negligent, reckless or intentional wrongful misconduct also includes but is not limited to the violation of any Federal, State, County or City laws, by-laws, ordinances or regulations by the VENDOR, its agents, servants or employees. VENDOR further agrees to defend, indemnify and save harmless the CITY from all such claims and fees, and from any and all suits and actions of every name and description that may be brought against the CITY on account of any claims, fees, royalties, or costs for any invention or patent, and from any and all suits and actions that may be brought against the CITY for the infringement of any and all patents or patent rights claimed by any person, firm, or corporation. The indemnification provided above shall obligate the VENDOR to defend at its own expense or to provide for such defense, at the CITY'S option, for any and all claims or liability and all suits and actions of every name and description that may be brought against the CITY which may result from the operations and activities under this Agreement performed by the VENDOR, its agents or employees. This indemnification includes all costs and fees including attorneys fees and costs at trial and appellate levels. 3 The CITY will pay to the VENDOR the specific consideration of ten dollars and other good and valuable consideration as specific consideration for the indemnification provided herein. Furthermore, the VENDOR acknowledges that the bid price includes said consideration for the indemnification provision. 10. This Agreement shall be considered null and void unless signed by both the VENDOR and the CITY. 11. This Agreement and the documents attached hereto and listed above constitute the entire agreement between the CITY and the VENDOR and may only be altered, amended or repealed by a duly executed written instrument. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. ATTEST: City Clerk Approved as to form: City Attorney WITNESSES: (please type or print name) (please type or print name) CITY OF DELRAY BEACH, FLORIDA By: Mayor VENDOR: By: (please type or print name) CORPORATE ACKNOWLEDGMENT STATE OF 4 COUNTY OF The foregoing instrument was acknowledged before me this day of 20_, by name of officer or agent, title of officer or agent), of (state or place of incorporation) corporation, on behalf of the corporation. He/She is (personally known to me) (or has produced identification) and has used his/her identification. of identification) as Signature of Person Taking Acknowledgment Name of Acknowledger Typed, Printed or Stamped CERTIFICATE (If Corporation) STATE OF FLORIDA COUNTY OF SS HEREBY CERTIFY that a meeting of the Board of Directors of _ a corporation under the laws of the State of held on resolution was duly passed and adopted: 20_, the following "RESOLVED", that , as President of the corporation, he/she is hereby authorized to execute the Agreement dated , 20 ,between the City of Delray Beach, Florida and this corporation, and that his execution thereof, attested by the Secretary of the Corporation and with corporate seal affixed, shall be the official act and deed of this corporation". I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this day of 20_ (Secretary) (Seal) INSURANCE: Without limiting any of the other obligations or liabilities of the CONSULTANT, the CONSULTANT shall, at his own expense, provide and maintain in force, until all of its services to be performed under this AGREEMENT have been completed and accepted by the CITY (or for such duration as it otherwise specified hereinafter), the following insurance coverages: 1. Worker's Compensation Insurance to apply to all of the CONSULTANT'S employees in compliance with the "Worker's Compensation Law" of the State of Florida and all applicable Federal Laws. A. Employer's Liability with limits of $100,000 per person, $500,000 per occurrence and $100,000 per each disease. 2. Comprehensive General Liability with minimum limits of one million dollars ($1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements other than ISO Endorsement GL 21 06 (Engineers, Architects, or Surveyors Professional Liability exclusion), as Filed by the Insurance Services Office and must include: a. Premises and/or Operations b. Independent Contractors c. Products and Completed Operations -CONSULTANTS shall maintain in force until at least three years after completion of all services required under this AGREEMENT, coverage for Products and Completed Operations, including Broad Form Property Damage. d. Broad Form Property Damage e. Contractual Coverage applicable to this specific AGREEMENT. f. Personal Injury Coverage with minimum limits of coverage equal to those required for Bodily Injury Liability. 3. Business Automobile Liability with minimum limits of three hundred thousand dollars ($300,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office and must include: a. Owned Vehicles b. Hired and Non-Owned Vehicles c. Employers' Non-Ownership 4. applicable to CITY projects as follows: Construction Cost Range Limit a. 0 - 99,000 250,000 b. 100,000 - 299,000 500,000 c. 300,000 - 499,000 750,000 d. 500,000 -Above 1,000,000 Professional Liability Insurance with minimum limits per occurrence Coverage shall be afforded on a form acceptable to the CITY. CONSULTANT shall maintain such professional liability insurance until at least one year after a Certificate of Occupancy is issued. CONSULTANT shall insure that sub-consultants used for any portion of the project, maintain adequate levels of Professional Liability Insurance. Prior to commencement of services, the CONSULTANT shall provide to the CITY Certificates of Insurance evidencing the insurance coverage specified in the foregoing Paragraphs C1, C2, C3, C4. All policies covered within subparagraphs C1, C2, C3, C4, shall be endorsed to provide the CITY with thirty (30) days notice of cancellation and/or restriction. The CITY shall be named as an additional insured as to CONSULTANT'S liability on policies referenced in subparagraphs C2. The required Certificates of Insurance shall not only name the types of policies provided, but also shall refer specifically to this AGREEMENT and section and to the above paragraphs in accordance with which insurance is being furnished, and shall state that such insurance is as required by such paragraphs of this AGREEMENT. The CONSULTANT shall also make available to the CITY a certified copy of the professional liability insurance policy required by paragraph 4 above for the City's review. Upon request, the CONSULTANT shall provide copies of all other insurance policies. 6. If the initial insurance policies required by this AGREEMENT expire prior to the completion of the services, renewal Certificates of Insurance of policies shall be furnished thirty (30) days prior to the date of their expiration. For Notice of Cancellation and/or Restriction; the policies must be endorsed to provide the CITY with thirty (30) days notice of cancellation and/or restriction. The CONSULTANT'S insurance, including that applicable to the CITY as an Additional Insured, shall apply on a primary basis. ACORD CERTIFICATE OF LIABI LITY INSURANCE °'""' ,v o7ros/o~ PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION -~uncoast Insurance Associates ~ ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE i ]. Box 22666 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR .ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, I ampa, FL 33622-2668 ---- -~---- 813 289.5200 INSURERS AFFORDING COVERAGE NAIC M INSURED INSURER A: United Slates Fidelity 8: Guaranty 25887 INSUaea a: St. Paul Fire & Marine Insurance Co 24767 wsuaER c XL Specialty Insurance Company 37885 INSUaea D: Fidelity & Guaranty Ins Underwriters 25879 wsuRER E. COVERAGES THE POLICIES OF INSURANCE LISTED DROW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION Of ANY CONTRACT OR GTHER DOCVMENT WITH RESPECT 10 WHICH THIS CERTIFICATE MAY 8E ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED 9Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAV HgVE BEEN REDUCED BV PAIp CLAIMS. MSR DD' ~ POLICY EFFECTNE POLICY EXPIRATION LTR NSR TYPE OF INSURANCE _ POLICY NUMBER DATE MM/On GATE MMIODf(Y` LIMITS A ~ cfeERA.L Unsanr ~ 1 1 0/1 510 6 j f0/18/07 EACH DCCURRENCe 57000000 I X COMMERCIAL 3ENERAL LIABILITY ~ pARIdnGE TD aoccuEDn e. 5360666 I CLAIMS MADE OCCUR ~ MED EXP I,AnV One pafsonl S10 OOO PERSONALdAUV !NJURI' 81 906660 I I GENEkAL AGGREGATE ~1 52.996 6QQ I GEN'L AGGREGATE LIMILIPPUES PER: I FROOUGTS- GOMPIOP AGG 1 52~000LOOO POLICY PR0. LOC D ' AUT OMOBILE LIAtl11JTY 1D/1Q/Q6 1Q/1D/D7 I X ANV AUrD ~ ~ GDMBINED SINGLE LIId IT 4Ea aeNmem) 51,000,000 ' ALL OWNED ALTOS ~ eODILV !NJURV SGHE°ULED AUTOS (per persm) S X HIRED AUTOS ' ' 80CILY INJURY S X NON-0WNED AlIT05 (per accitlenl) PROPERTY DAMAGE I ' 3 pet a~ titlanQ GARAGE LIABILITY AUTO ON!Y-EA ACCIDENT S A.4Y AUTO OTHER THAN EA ACC S AUr00NLY: AGG 5 E%CESSIUMBRELLA UABILITV EACH OCCURRENCE 5 OCCUR CLAIMS MADE I AGGREGATE S 5 DEDUCTIBLE 5 RETENTION 5 E g WORKERS COMPENSATION AND 69/16196 69/16/97 I X WG STATV- DTH- EMPLOYERS' UABILITV ANY P0.0PRIETOWPAHTNERIExECU i1VE E.L. EACH ACCIDENT 51,000,000 OFFICEWMEMBER EXCLL'DEDi I I I ' i OL. DISEASE-EA EMPLOYEE 51,000,000 Ryas, tleaeY~be unCer SPECIAL PROVISIONS bebw E. L. DISEASE POLICY LIMIT $7,999,999 `` OTHER professional i i 1 07101/07 07/01108 51,000,000 per claim Liability 1 I 52,000,000 anni aggr. _._____ DESCRIPTION OF OPERATONS I LOCATIONS l VEHICLES I E%CLU310N5 ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Professional Liability is written on a claims made and reported basis. Re: General Engineering Consulting Services. ,'SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEF00.E THE EXPIRAn ON City of Delray BeachDATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~9_ DAYS WRITTEN 434 South Swinton Avenue NOTICE TO THE CERTIFICATE HOLDER NAMED TO TXE LEFT, aUT FAILURE TO DO SO SHALL ~. Delray Beach, FL 33444 IMPOSE NOOBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRE$ENTATNES. AU DRIZED REPRESENTATIVE rn- G~.-oGt ,~?..----. ACORD 25 (2007108) 1 of 2 #5146997IM146993 gJM ©AcoliD CORPORATION 7988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED. the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certifcate holder in lieu of such endorsement(s). If SUBROGATION !S WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder to iieU of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuino insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage affortled by the policies listed thereon 25S (200tID6) 2 of 2 #S146997)M146993 CITY OF DELRAY BEACH CONSULTING SERVICE AUTHORIZATION I. PROJECT DESCRIPTION The scope of this Service Authorization is, but not limited to providing geotechnical services, survey services, final design, permitting, and bidding services for the proposed mast arm traffic signal at West 2"d Avenue and SR 806/West Atlantic Avenue. The project limits are as follows: • Intersection of West 2"d Avenue and SR 806/West Atlantic Avenue. II. SCOPE OF SERVICES Phase I -Study and Report Phase Not Applicable. Phase II -Preliminary Design Phase Not Applicable Phase III-Final Design Phase I. Consultant shall provide final design phase services in accordance with City of Delray Beach and FDOT Standards. 2. Field reconnaissance of the proposed project limits shall be performed. Photograph log walk-through will be included. In addition, potential underground and aboveground existing utilities will be identified. 3. Coordination with utility agencies shall be performed to collect record information. This subtask includes reconciling apparent discrepancies between record information and existing photographic and field-verification information. 4. Consultant shall prepare construction drawings which shall include: cover sheet, tabulation of quantities, general notes, signal plan sheets (2), interconnect details, mast arm tabulation and trombone mast arm structure details conforming to the requirements of the FDOT, Palm Beach County and the City of Delray Beach. Consultant shall prepare the engineering design elements on topographic survey information prepared by Consultant's surveyor using MicroStation Version 8 in compliance with FDOT design criteria. Final plans will also be provided in the latest version of AutoCAD. 5. Contract documents consisting of "front-end" documents (provided by the CITY) and technical specifications shall conform to City of Delray Beach Standards and the FDOT Standard Specifications for road and bridge work. 6. Drawings and specifications (four copies) shall be submitted for City review at 50%, 75% and 100% stages. 7. At the 50%, 75% aid 100% stages, Consultant shall prepare a detailed opinion of probable construction cost based upon the completed Final design drawings and specifications approved by the City. The cost opinion shall reflect changes in general scope, extent or character of design requirements incorporated during the various design review stages. 8. Consultant shall attend kick-off meeting and two (2) design meetings with the City and provide a written summary of the issues discussed. 9. Consultant shall provide internal QA/QC reviews on the 50%, 75% and 100% Design Documents (e.g. drawings, specifications and cost estimates). 10. Consultant shall furnish the 100% design drawings at a drawing scale of 1" _ 40' for plan sheets and will be produced in 11"x17" format in accordance with current Florida Department of Transportation (FDOT) design standards. Specifications shall be provided in electronic (PDF & WORD) format and all files shall be provided on CD. The final plans will be provided to the City in Adobe Acrobat pdf and AutoCAD formats. Phase IV -Biddina/Ne¢otiation Phase I. Consultant shall assist City in advertising for and obtaining bids or negotiating proposals for construction (including materials, equipment and labor). It is anticipated that work shall be awarded under a single construction contract. Consultant shall provide twenty-five (25) sets of bidding documents to the City to issue bid package. The City shall receive and process deposits for bidding documents and shall maintain a record of prospective bidders to whom bidding documents have been issued. 2. Consultant shall attend mandatory pre-bid conference and provide a written summary of issues discussed. 3. Consultant shall issue addenda and shall provide supplemental information or clarification, as appropriate, to interpret, clarify, or expand the bidding documents to all prospective bidders during the bid period. 4. Consultant shall attend the bid opening, prepare bid tabulation sheets and assist City in evaluating bids and proposals, and in assembling and awarding contract for construction. Consultant shall submit to City a written recommendation concerning contract award. 5. Consultant shall furnish all bid information to the City in electronic format to be used in conjunction with "Demand Star". Phase V -Construction Administration Phase Upon completion of the final design phase, the Consultant shall submit an Addendum to this service authorization for approval of fees for construction phase services to be provided in accordance with Section 111-E of the Agreement with the City (if requested by City). Other -Permitting At the outset of the Design Phase the Consultant shall meet with the appropriate permitting agencies to determine potential permitting requirements, Agencies anticipated to have jurisdiction over the project include: the Florida Department of Transportation (FDOT) and the Palm Beach County Traffic Division (PBCTD) Permit app]ications shall be completed for FDOT and PBCTD as required. Associated permit application fees shall be determined by Consultant and paid by City. Other -Geotechnical Consultant shall furnish the services of a professional geotechnical engineer to provide subsurface investigations of the project area that will include: 1 Perform two (2) standard penetration lest (SPT) borings to an average depth of fifteen (15) feet. The tests will be conducted in opposite quadrants of the intersection for use in the design of the signal pole foundations. 2 Evaluate field data collected and provide geotechnical engineering evaluation report. Other-Field VeriScation Consultant shall fumish the services of a professional underground services company to provide underground field locations of affected existing utilities. The work shall consist of measuring and recording approximate horizontal location of affected utilities within the project limits. This task is included as an optional service to be used if existing utility data is insufficient. ASSUMPTIONS Work described herein is based upon the assumptions listed below. If conditions differ from those assumed in a manner that will affect schedule of Scope of Work, Consultant shall advise City in writing of the magnitude of the required adjustments. Changes in completion schedule or compensation to Consultant will be negotiated with City. 1 City will provide Consultant record drawings of all available existing facilities and proposed facilities, which shall serve as the basis of design in this project. The information will be provided to Consultant within 7 calendar days of NTP. 2 City personnel will assist in field verification of affected existing City facilities. This includes painting the locations of water mains, force mains, sanitary sewers and laterals in the field for the surveyor. 3 City will be responsible for acquisition of easements (including temporary), if required. 4 City is responsible for all permitting fees, including costs of public notification in local newspapers. 5 A single bidding effort is assumed. Re-bidding of the project is considered an Additional Services Item. 6 The design is to be based on the federal, state and local codes and standards in effect at the beginning of the project. Revisions required for compliance with any subsequent changes to those regulations is considered an Additional Services Item not currently included in this Scope of Work. ADDITIONAL SERVICES Consultant shall provide additional engineering services relating to the installation of this mast arm signal that are not covered under this Service Authorization. These additional services may be required due to uncertainties discovered during survey, soils, investigations, field verification of existing facilities and conditions, permitting regulations, and potential property or easement acquisitions. Services performed under this task will be on as-directed basis in accordance with a written Notice-to-Proceed from the City Manager. The Notice-to-Proceed issued shall contain the following information and requirements. • A detailed description of the work to be undertaken. • A budget establishing the amount of the fee to be paid in accordance with the Agreement. • A time established for completion of the work. III. TIME OF PERFORMANCE The completion dates for this work will be as follows (starting at written notice-to- proceed). Refer to attached Project Schedule. Engineering Services Time per Phase Cumulative Time Phase III-Final Design (1) 6 weeks 6 weeks* Permitting (2) 4 weeks 10 weeks Phase IV -Bidding 8 weeks 18 weeks (l)Geotechnical, survey and Utility Field Verification will be completed during Phase 11L -Final Design time period. (2) Permitting wall be commenced during Phase III --Final Design time period. * The schedule is based upon conducting a review meeting within 7 calendar days after City receives the Submittal. All review comments shall be provided to Consultant within 7 calendar days after City receives the submittal. An adjustment to the overall schedule will be required in case the review meeting takes longer to be conducted and/or obtaining comments takes longer to receive. IV. COMPENSATION The compensation for services provided shall be billed on an hourly basis plus reimbursable expenses for each phase of work, up to the following not to exceed cost for each phase. Engineering Services Estimated Fees Phase 111 -Final Design Phase $ 21,610.00 Phase IV -Bidding Phase $ 6,230.00 Permitting $ 5,360.00 Surveying $ 1,000.00 Geotechnical $ 2,500.00 Field Verification $ 1,000.00 Out-of-Pocket Expenses $ 500.00 Total Project Cost $ 38,200.00 Notes: (1)Out-of-Pocket Expenses include the following: printing/reproduction and postage. ~_ n a ui .: >, oo a o o c s t N o E v z E a O LL C E ~ a E E W ' m F E ° m m Z ^ a o z ~ E A ~.. m _ y LL ~' o c o w U m c w ° U 3 f ° E > U p~ m ~¢ d x m D: ° Ul rn a N ~ Q C m C fn N p N t~`O 3 r- O a Y 3 O F a F N a` `o E Z , . ' ~ l i I ~ ~ , ~ . ; : ~ ; , ~ ~ ' ~~ 1 ~ a a 1Li 116/LUU9 1L:Sn N'AS Pos41£'brand lax Transmittal memo ]b71 rurv9FS' Ta ~ K Fwm / I~ Cu E Co oec,. anonee - / O FevY /' / FavR ~uutiuua q .~ Z~d~-O~ J(i9 3- ~ -~ Agenda Item #: PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: Augnst 20, 2002 [ XJ Cpnsen[ I ] Regular [ J Workshop [ } Public lleariog Department: Submitted By: E¢gineet3ng and Yabllc Works Submitted For: Engineering Admi¢fatration I. EXECUTIVE BRIEF Motion and Title: Staff recommends motion to approve: A. A Budget Transfer of $100,p(10 in tha Transporiation Improvement Fund from Reserve for District 4 to AtianSc Avenue/2nd Avenue Signal Ptoject -District 4/7. B. A Budget Transfer of $50,000 in dre Transportation improvemrnt Fund from Reserve for Distrito 7 to Atlantic Avenuel2nd Avrnue Signal Project -District 4l7. Summary: 'Itvo Budget Transfers of $100,000 arrd $50,000 aze required to partially fund the construction of a traffic signal at the intersection of Atlantic Avenue and 2nd Avenue in Delray Beach. Diatrtet:7 (M.REJ Backgrou¢d and Jnattfieatto¢: Two Budget Transfers are rerprired m partially fund the cost of installing a trafSe signal with mast arms at the intersection of Atlantic Avenue and 2°d Avenue in Delray Beach. The District 4 end District 7 Cortmtiseioners wish to contribute to the project in the interest of public health, safety and welfaze. The installed signal will be the maintenance responsibility of Pahn Beach County. Attachments: 1. Location Map 2. Project Authorization 3. Budget Transfer Recommended by: Diviaioa DlreMOr Date Approved By: A ~, , t,U A~ r'v ry'ti3't L Coo Eng[¢eer D to 1[/uui LUVI iC: V1 1'TA II. FISCAL IMPACT ANALYST A. Five Year Summary of Fiscal Impact: Q UUL/UUU FiaealYears 2002 2003 2004 2005 2008 Capital Expenditures 150.000 ~ -p. -0_ -p- Operating Costa .p- .p_ .p_ ~ -0- Extamal Revenues -0- ~_ .p- ~ -p- Program income (County) _~_ ~ _ ~_ ~ ~ In-Kind Match (County) -0- _ ~_ _ ~_ ~ _ ~ NET FISCAL IMPACT 60 000 -0- _ -0- .0. _ ~ p ADDITIONAL FTE POSITIONS (Cumulative) b kem Included In Current Budget? Yes No X Budget Acct No.: Fund_ _ Agancy_ _ Org. _ ~ ObJect___ Reporting Category B. Recommended Sources of Funds/Summaty of Fiscal Impact: Transportation Improvement Fund Reserve Foz District 9 Resezve For District 7 Atlantic Avenue and 2"0 Avenge Signal - Dist 9/7 C. Departmental Fiscal Review: ~S~r-~- III. REVIEW COMMENTS A. OFMB Fiaeal and/or Contract Dev. and Control Comments: ~~t 7.2s-.oz.- B. Approved as to Form 7~ and Legal BufOcieney: ContraM De .and Control Asa- taint Counly Attorney C. Other DeparttiieM Review: Dapartrrrem Director This aurnmary la not to Ire used as a beefs for payment. 2 FM1C,OMMOMWP{AgentlePapa2{agnpgMO2002\p8pq 78.wptl iu vw cvo~ •c.ri. i.~~ 1(/JV W/UUb lu oor GVUI 1Z:4G Pe4A IQUU4%UU6 Hervey Phillips -Traffic Signal -Atlantic Avenue antl 2ntl Avenuo -- _, Page 1 From: Anna Gaunt To: Harvey Phillips Date: 781021:21PM SubJact: Treffro Signet- AUanUC Avenue and 2nd Avenue Thl61s formal notiticaUOn Utei Commiasfoner Mary McCarty has agreed to elbcale 5100,000 from her Gas Taz Discrefionary Fund for a traRc signal at AHentic Avenue and 2nd Avenue in Deaay Beach. 1</UU/LUU) IL: AL INA IpJUU:/IIUti ~ ~ iu..../ ~ ......v.. ._......., _...~iy...,.,~ nw,....a..~ From: Gladys Whlghem To: Edwin Jack Date: 7/17/02 7027AM SubJect: Re: SW Area Nelgniwrhood phase 31Delrey City L®rery Please accept this as wriben noaflcetlon W process an agreement and budget Vanster for uD to $50,000 lrom the Disbict VII Reserve for the 2nd Ave/Allantic Avenue batik sigial fn Delray 0each. Thank you. lG: OU/1007 L2:41 FAY o O ° a h n ~ o ~ q ~ O 'II ` l '~ . "~ " 0 00 0 00 ~ m a o o n o m a w nn n o ~ .. / o 0 y m X R ~ g O g C p i ~E 07 P 1 o L O LU CC °u p u uw x~ w p "o u° F o o ~p r tb O d ri 0 o m ry ML dd ~ Y O O ,y Ut I o a ~ "~ m e W H R rt ~o m ~ [] 007 ,.. ~ ~ Wp o 0 0 y R o 0 0 O i o 0 C, O o 0 o ui vi f7 .~ .+ ~ O o 0 0 0 ° _ m z o o ~ o p F ,p G ~ H N M `~ N ~ ~F F o O ~ q n m y1 ~ N W F 1~ O ' O 00 y pp u~p D ~AAC a V ~ rn O ! o a .+ E 9 C]J F o o m n .a b c~ o a W o N m y~ pj p .v Ot iaF OS H 'N d t] ~ N Y q C 0 a ~ n U U p ' i 71 N u 17 ro ° ~ y ~ y a p~ f O W F " " s R w ~ a a° ~ N u 0 ~ F o o N 19 m 'n rn ~ 0 .o ~ rn ~ 0 ~ i Y A m O H N ~ .,Oj a o w ~ m 1 ~ ~ y tl ~+ N .y • ~ O uu V m O p rf b O tl as p p Fi O R 'p m '^ m m +i d . 0 ~m p h m m ' 4p g b 4 C ~7os roos MEMORANDUM TO: Mayor and City Commissioners FROM: Randal L. Krejcarek, PE, LEED AP Richard C. Hasko, PE, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: December 27, 2007 SUBJECT: AGENDA ITEM 8.H -REGULAR COMMISSION MEETING OF JANUARY 15, 2008 RESOLUTION NO. 02-08/FLORIDA DEPARTMENT OF TRANSPORTATION (FllOT) ITEM BEFORE COMMISSION The attached agenda item is a request for Commission approval/authorization for the Mayor to execute a Locally Funded Agreement (LFA) with Florida Department of Transportation (FDOT) and a Memorandum of Agreement (MOA) with FDOT and the State Department of Financial Services, Division of Treasury for the City requested improvements along Atlantic Avenue between SW-NW 12th Avenue and SR AlA. The cost to the City will be $1,596,848.26. Of this cost, $],500,000 will be paid by the CRA. BACKGROUND The Florida Department of Transportation (FDOT) is planning to embark on a resurface, restore and rehabilitate (RRR) project on Atlantic Avenue between SW/NW 12th Ave to SR AIA, excluding the section between Swinton Avenue and SE/NE 5th Avenue which is under City control. The City has received two TEA-21 Enhancement grants to fund part of the beautification of West Atlantic Avenue between SW-NW 12th Avenue and SW-NW 6th Avenue. The beautification will include decorative roadway lighting, trombone mast arms signalization, drainage improvements and landscaping. The grants received by the City will be applied to the RRR project and FDOT has agreed to complete the beautification as part of their RRR project. The grants do not cover the entire cost of the beautification component and the balance of the beautification funding will be the responsibility of the City. The attached agreement is for the City's share of the requested beautification. The City and CRA have entered into an agreement and the funding that FDOT is requesting from the City will be paid by the CRA. Construction is currently scheduled to begin in January 2009. FUNDING SOURCE $1,500,000.00 from 334-3162-541-68.01 (after transfer from CRA) $97,000.00 from 448-5461-538-69.01 (after transfer) RESOLUTION NO. 02-08 A RESOLUTION OF THE QTY COMM[SSION OF THE QTY OF DELRAY BEACH, FLORIDA, APPROVING THE LOCALLY FUNDED AGREEMENT FOR THE CONSTRUCTION AND FUNDING OF DRAINAGE, SIGNALIZATION, LIGHTING AND LANDSCAPE ENHANCEMENTS ALONG ATLANTIC AVENUE BETWEEN NW 12 AVENUE AND AlA AND AUTHORIZING THE EXECUTION OF THE AGREEMENT. WHEREAS, THE City of Delray Beach, Florida desires to approve the Locally Funded Agreement for the construction and funding of drainage, signalization, lighting and landscape enhancements along Atlantic Avenue between NW 12~' Avenue and A1A; and WHEREAS, the CityCoinmission authorizes the execukion of the Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMNIISSION OF THE QTY 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 Comrnission of the City of Delray Beach authorizes the entry into the Locally Funded Agreement between the City and the Florida Department of Transportation and authorizes the execution thereof. PASSE D AND ADOPTED in regular session on this the _ day of ; 2008. MAYOR ATTEST: City Clerk FM No: 413840.1.52.01, 411890.1-52.01, 405674-2-52-01,414162-1-52-01 FEID No: VF-596-000308 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCALLY FUNDED AGREEMENT THIS Locally Funded Agreement (Agreement), entered into this day of 200_, by and between the State of Florida Department of Transportation hereinafter called the DEPARTMENT, and the CITY OF DELRAY BEACH, located at 100 N.W. 15TAVENUE, DELRAY BEACH, FL 33444 hereinafter called the PARTICIPANT. WITNESSETH WHEREAS, the DEPARTMENT and the PARTICIPANT are desirous of having the DEPARTMENT make certain improvements in connection with Financial Management(FM) Number413840-1.52-01, 411890- 1-52-01, 405674-2-52-01, & 414162-1-52-01 (Funded in Fiscal Year 2007/2008) for Decorative Roadway Lighting, Mast Arm Signalization, Signalization Interconnect, Drainage Improvements, Decorative Pedestrian Lighting, and Landscaping Enhancements during the Resurfacing of SR806/Atlantic Avenue from N.W. 12'" Avenue to SR-A1A in Palm Beach County, Florida. Refer to Exhibit "A" of this Agreement for a detailed Scope of Services annexed hereto and made a part hereof; and, WHEREAS, for purposes of this Agreement, improvements to be made as stated above are hereinafter referred to as the PROJECT; and, WHEREAS, the improvements are in the interest of both the PARTICIPANT and the DEPARTMENT and it would be more practical, expeditious, and economical for the DEPARTMENT to perform such activities; and, WHEREAS,. the PARTICIPANT by Resolution No. adopted on ,200_, a copy of which is attached hereto and made a part hereof, authorizes the proper officials to enter into this AGREEMENT. NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the PROJECT, the parties agree to the following: The recitals set forth above are true and correct and are deemed incorporated herein. 2. The DEPARTMENT shall be responsible for assuring that the Project complies with all applicable Federal, State and Local laws, rules, regulations, guidelines and standards. 3. The PARTICIPANT agrees to make all previous studies, maps, drawings, surveys and other data and information pertaining to the Project available to the DEPARTMENT at no extra cost. 1 of 8 A. If the accepted bid amount plus allowances is in excess of the advance deposit amount, the PARTICIPANT will provide an additional deposit within fourteen (14) calendar days of notification from the DEPARTMENT or prior to posting of the accepted bid, whichever is earlier, so that the total deposit is equal to the bid amount plus allowances. The DEPARTMENT will notify the PARTICIPANT as soon as it becomes apparent the accepted bid amount plus allowances are in excess of the advance deposit amount; however, failure of the DEPARTMENT to so notify the PARTICIPANT shall not relieve the PARTICIPANT from its obligation to pay for its full participation. If the PARTICIPANT cannot provide the additional deposit within fourteen (14) days, a letter must be submitted to and approved by the DEPARTMENT'S project manager indicating when the deposit will be made. The PARTICIPANT understands the request and approval of the additional time could delay the project, and additional costs maybe incurred due to delay of the project. B. If the accepted bid amount plus allowances is less than the advance deposit amount, the DEPARTMENT will refund the amount that the advance deposit exceeds the bid amount plus allowances if such refund is requested by the PARTICIPANT in writing. C. Should project modifications occur that increase the PARTICIPANT'S share of total project costs, the PARTICIPANT will be notified by the DEPARTMENT. The PARTICIPANT agrees to provide, without delay, in advance of the additional work being performed, adequate funds to ensure that cash on deposit with the Department is sufficient to fully fund its share of the project. The DEPARTMENT shall notify the PARTICIPANT as soon as it becomes apparent the actual costs will overrun the award amount; however, failure of the DEPARTMENT to so notify the PARTICIPANT shall not relieve the PARTICIPANT from its obligation to pay for its full participation. Funds due from the PARTICIPANT during the Project not paid within forty (40) days calendar days from the date of the invoice are subject to an interest charge ai a rate established pursuant to Section 55.03, F.S. D. The DEPARTMENT intends to have its final and complete accounting of all costs incurred in connection with the work performed hereunderwithin three hundred and sixty days (360) of final payment to the Contractor. The DEPARTMENT considers the project complete when the final payment has been made to the Contractor; not when the construction work is complete. All project cost records and accounts shall be subject to audit by a representative of the PARTICIPANTfor a period of three (3) years after final close out of the project. The PARTICIPANT will be notified of the final cost. Both parties agree that in the event the final accounting of total project costs pursuant to the terms of this Agreement is less than the total deposits to date, a refund of the excess will be made bythe DEPARTMENT to the PARTICIPANT. If the final accounting is not performed within three hundred and sixty (360) days, the PARTICIPANT is not relieved from its obligation to pay. 3of8 11. This AGREEMENT is governed by and construed in accordance with the laws of the State of Florida. 12. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein, and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation or agreements whether oral or written. It is further agreed that no modification, amendment, or alteration in the terms and conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 13. Any or all notices (except invoices) given or required under this Agreement shall be in writing and either personally delivered with receipt acknowledged or sent by certified mail, return receipt requested. All notices delivered shall be sent to the following addresses: If to the DEPARTMENT: Florida Department of Transportation -District Four 3400 West Commercial Blvd. Fort Lauderdale, Florida 33309-3421 Attn: Leos A. Kennedy, Jr. W ith a copy to: John Thompson A second copy to: District General Counsel If to the PARTICIPANT: City of Delray Beach Dept. of Public Works/Utilities & Engineering 100 N. W . 1 s` Avenue Delray Beach, FL 33444 Attn: Gordon J. Dobbins With a copy to: City Attorney *** Sof8 Exhibit "A" SCOPE OF SERVICES The City of Delray Beach desires to add additional amenities to the RRR Project FM# 413840-1-52-01; SR- 806 /Atlantic Avenue. from NW/SW 12'h Ave to SR-A1A !Ocean Avenue. The entire project is within the limits of the City of Delray Beach. The following specifications are for the decorative features as follows: Roadway Drainage Features INLETS, CURB, TYPE 9, <10' INLETS, CURB, TYPE P-5, <10' MANHOLES, P-7, PARTIAL MANHOLES, P-8, <10' MANHOLE, ADJUST PIPE CULVERT OPTIONAL MATERIAL, ROUND -SHAPE, 0-24", STORM SEWER CONCRETE CURB & GUTTER, TYPE F Decorative Lighting & Outlets DIRECTIONAL BORE, LESS THAN 6" LIGHTING CONDUCTORS, F&I, INSULATED, NO.B -6 LIGHTING -CONDUIT, FBI, UNDERGROUND LOAD CENTER, F&I, SECONDARY VOLTAGE LIGHTING -PULL BOX, F&I, SIDEWALK LIGHT POLE CABLE DISTRIBUTION SYSTEM LIGHT POLE COMPLETE, SPECIAL CESIGN (F&!) (Double Arm Shoulder Mount) (Concrete) (20 ft) LIGHT POLE COMPLETE, SPECIAL DESIGN (F&I) (Pole Top Mount) (Concrete) (20 ft.) Decorative Mast Arm Signals & Interconnect CLASS I CONCRETE (Miscellaneous) DIRECTIONAL BORE, LESS THAN 6" CONDUIT -SIGNALS, FURNISH & INSTALL, UNDERGROUND CABLE, SIGNAL, FURNISH & INSTALL CABLE -FIBER OPTIC, F&I, UNDERGROUND, SGL MODE, 1-25PR CABLE -FIBER OPTIC, F&I, UNDERGROUND, SGL MODE, 26 - 50PR PULL & JUNCTION BOXES, F&I, PULL BOX PULL & JUNCTION BOXES, F&I, FIBER OPTICS SIGNALS, ELECTRICAL POW ER SERVICE, UNDERGROUND SIGNALS, ELECTRICAL SERVICE WIRE SIGNALS, ELECTRICAL SERVICE DISCONNECT, FRI, CABINET SIGNAL POLE, CUSTOM TRAFFIC SIGNAL, F&I, 3 SECTIONS, 1 WAY, LIGHT WEIGHT TRAFFIC SIGNAL, F&I, 5 SECTIONS, 1 WAY, LIGHT WEIGHT PEDESTRIAN SIGNAL, F&I, LED -COUNT DOWN, 1 DIRECTION SIGNAL HEAD AUXILIARIES, F&I, BACK PLATES 3 SECT SIGNAL HEAD AUXILIARIES, F&I, TUNNEL VISOR SIGNAL HEAD AUXILIARIES, F&I, ALUMINUM PEDESTAL SIGNAL HEAD AUXILIARIES, F&I, BACK PLATES 5 SECT PEDESTRIAN DETECTOR, F&I, DETECTOR STATION, POLE OR CONTROLLER CABINET MOUNTED PEDESTRIAN DETECTOR, RELOCATE 7of8 Exhibit "B" MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this ,day of 200_, by and between the State of Florida, Department of Transportation, hereinafter referred to as "FDOT" and the State of Florida, Department of Financial Services, Division of Treasury and CITY OF DELRAY BEACH hereinafter referred to as the "PARTICIPANT". WITNESSETH WHEREAS, "FDOT" is currently constructing the following project: Financial Project Number: 413840-1-52-01; 411890-1-52-OS; 405674-2-52-01;414162-1-52-O1 County: PALM BEACH COUNTY hereinafter referred to as the "Project". WHEREAS, FDOTand the PARTICIPANT entered into a Locally Funded Agreement {LFA) dated ,wherein DOT agreed to perform certain work on behalf of the Participant in conjunction with the Project. WHEREAS, the parties to this AGREEMENT mutually agreed that it would be in the best interest of the FDOT and the Participant to establish an interest bearing escrow account to provide funds for the work performed on the Project on behalf of the Participant by the FDOT. NOW THEREFORE, in consideration of the premises and the covenants contained herein, the parties agree to the following: 1. FDOT and the PARTICIPANT agree that the recitals set forth above are true and correct and deemed incorporated herein. An initial deposit in the amount of ONE MILLION FIVE HUNDRED NINETY SIX THOUSAND EIGHT HUNDRED FORTY EIGHT DOLLARSANDTWENTY SIX CENTS ($1,596,848.26) will be made by the Participant into an interest bearing escrow account established by the FDOT for the purposes of the Project. Said escrow account will be opened with the Department of Financial Services, Division of Treasury, Bureau of Collateral Management on behalf of the FDOT upon receipt of this Memorandum of Agreement. Such account will be an asset of FDOT. 3. Other deposits will be made only by the Participant as necessary to cover the cost of additional work prior to the execution of any Supplemental Agreements. Q r Q l.l_ -~--+ Q N Z \W Q U +.~ C~ -~_-~ Q W F N ~5 ~, V, _ m ~c r~e -ac o. 3 ~- t U (6 N m T (0 N a 0 N N N r MEMORANDUM TO: Mayor and City Commissioners FROM: Randal L. Krejcarek, PE, LEED AP Richard C. Hasko, PE THROUGH: David T. Harden, City Manager DATE: January 8, 2008 SUBJECT: AGENDA ITEM 8.1 -REGULAR COMMISSION MEETING OF JANUARY 15, 2008 HOLD HARMLESS AGREEMENT/DELRAY CLUB, INC. ITEM BEFORE COMMISSION Request Commission approval/authorization for the Mayor to execute a Hold Harmless Agreement for Work Performed within the State Right-of--Way with Delray Club, Inc. The Delray Club is located at 2001 S. Ocean Blvd. BACKGROUND The Delray Club is planning to install water and sewer services from existing utilities within the state right-of--way. As a result a permit from the Florida Department of Transportation (FDOT) is required. Since the City will be maintaining that part of the service within the FDOT right-of--way, FDOT requires that City to sign the permit application. The Hold Harmless Agreement provides the City with a one year warranty for all work completed within the FDOT right-of--way by the Delray Club contractor. FUNDING SOURCE N/A RECOMMENDATION Staff recommends approval. MOLD IIARMI.1?.SS Al:Rlsl?MI?N'1' FOR WORK I'FRIY)RMI%U WI'T'HIN "1'III?. S"fA'I'F RIGIi'1'-OF-NAY '1'1115 HULU HARMLESS AGRF,1?MEN'1' is entered into this ~~ _ day of /'~~yp~~~'007 by and between the CI"1'Y OF' UEL,RAY 131iACH, hI,ORIUA, (hereinafter referred to as "CITY") and DclraY Club, Inc., (hereinafter referred to as "DEVELOPER") WI"PNESSf:'t'1-1: WHEREAS, DEVELOPER wishes to install/construct improvements in the right-o1= way of the State of Florida; and WHEREAS, the CITY is required to sign the permit on behalf of the DEVELOPER to allow the installation/construction to take place in the State right-of-way; and WHEREAS, the CITY is required to indemnify and hold harmless the State for the work performed by DEVELOPER in the State right-of-way; and W}Ig}zEAS, this Agreement shall provide that DEVELOPER shall hold harmless and defend the CITY and the State for the work performed in dte State right-ot=way by the llEVELOPER, its contractor or agent. NOW, THEREFORE, for the mutual covenants and matters set forth herein., as of the date set forth above, the parties hereby agree as follows: l . the recitations set forth above are incorporated herein. 2. DEVELOPER, in consideration of the payment of Ten Dollars ($10.00), receipt of which is hereby acknowledged, agrees to defend, indemnify, and hold harmless the CTTY and the State, their agents, officers, employees and servants from any and ail claims, suits, causes of action or any claim whatsoever made, and damages, including, but no[ limited to reasonable attorney's fees and costs at the trial and appellate levels, which may result from any activity conducted by Db;VELOPF;N, its con(racuxs or ageNS in rclnlion to the work perlbnncd in ihc. Stale right-ol-way and as more particularly shown on the engineering plans submitted Ibr the development known as Dclray 13cach Club. 3. DI'sVf?LOPGN wnn:3nts and guarantees to the CITY that all wot'k on the utility improvement shall be constructed in accordance with the applicable codes of the City of Delray Beach and the State of I'lorida. 'fhe D}?V{?LOI'ER'S warranty and guaramee shall remain in cflcct lix one year from the dale of linal acceptance. lJnremcdicd dcli;cts identified kx correction during the warranty/guarantee period but remaining alter its expiration shall he considered as p<~irt of the obligations of the guarantee and warranty. Defects in the installation or construction of the utility improvement, which arc remedied as a result of obligations of the warranty/guarantee shall subject the remedied portion of the work to an extended warranty/guarantee period of one year after the delocl has been remedied. DEVELOPER slta!I deliver this agreement to its Surety. The Surety shall be bound with and for the DEVELOPER in the DEVELOPER'S faithful observance of the guarantee. 4. llEVELOPER, shall supervise and direct the installation and construction of the improvement, applying such skills and expertise as may he necessary to perform the work in accordance with the approved engineering plans. DEVELOPER shall be solely responsible for the means, methods, techniques, sequences and procedures of the construction and installation of the improvement. 5. Any claims, lawsuits or disputes that may arise under this Agreement shall be governed by the Laws of Florida, with venue in Palm Beach County, Florida. (_ This Agreement constitutes the entire agreement and understanding of the parties, as it pertains to the construction or installation of the utility. There are no representations or 2 undcrsumdings of tiny kind nut set furlh herein- Any amendments lu Ihis Agrctment muss be in wrilinp, and cxccutal by bolt panics. 1, DIsVISL01'F,R ur its anrtreckx shall maintain worker's compensation msurancc in an anuxmt rcyuirai by law arul general hahility insurance in the amount u(one million dollars ($ I ppp,p00 O0) governing hodily in'lury and property damage in standard li>rm, insuring CITY mid the State as additional named insureds. 11EVF.LO1'1?R or its contractor shall provide this information to the CITY on a Ccrtilicate of Insurance that is acceptable to the CITY, prior to commencing installation or construction. g. DF.VELOPF.R shall be bound by all the terms and conditions found in the General Use Permit Application between the CITY and the State for this project and attached hereto as Exhibit "A". Clerk. 9, This agreement shall not be valid unless signed by the City's Mayor and City IN WITNESS WHEREOF, the parties hereto have entered into this agreement [he day and year first written above. ATTEST: CITY OF DELRAY BEACH, FLORIDA By' L~ Rita Ellis, Mayor City Clerk Approved as to Form: By: City Attorney 3 W ITN I'StiI~:S _.__ /(Print ut''fype Name) ~ C.J a ~ vim" ~?VVf ~U.~c 1~. 4 (Print or'1'Ypc Namc) STATE OP FLORIDA COUNTY OF PALM BEACH > '~'f~h~e~,,Rxegoing instrument i1~~,~-' 2007 by ~ ~Ra~ 1 +otficer or agent) of $_C~Cd f C acknowledging), a3~C yG/u+ of the corporation. ~ He is an oath. DI~;Vh,LOPF,R: Dclr:ry Chrb, lnc. f i ,,,i B _ _ ' - Icrr~~ S•rnrorC°~Sccond ~ (Print oC%Pype Nxme) Address: 2001 S. Ocean Blvd. Delray Beach, PL 33483 is acknowledged before me this ~~_ day of 5 s`l2rca9 ~ (name of officer or agent, title of C$/ p ~~' (name of corporation state or place of in~rDC~ration) corporation, on behalf personally /-knQN'n toy me or has produced -p-,r^~ih s i enttiication and djp (did not) take Pure of Notary Public of Florida ~y,' ,,, Ry,i~ry pubic Spin et "rlonda My ::oinmiss:~n DD5767tl4 ~'~'orr~°~ Ex~ires121f612009 4 7P :~ ' ~° ~ m ~ o s .~ YOIN07d H~Y89 ,1Y7113U ...~ a. •r . ~ ~ w ~ ONtlA87f109 NY8~0 'S IOOZ -ls n~6AbS'IV3f(9TNVtl~nt+ a waaAfdFf x~s E ~ $ a , ~d an1~ ti~v~e avxz3a ~'-•... •• a e e T ~ ~ ~8 ¢ ~ B .k~14.:0. :80d NY'Id SItID18A08d111 8115 VNJ m a G H m X W $~ I V ,' ~ z ~ ~~ ` s of ~ ~i e~ U 3 a f~ N + .-u . j •`+. -~'- ~ ~~ 6a ~ ~ ! ~ ~ ~~ ~ ~tl~ ~~~ i~ ~~ ~~ =~i C ___ ~ ~/ j 0O a ~a °Fw ~ {i 1 I F U U~ II ._,~._... ff .~_ jt Z K K K Z V 1 ~ w a 1 w w Y ~3 W.~_._, ~ ._ L__ _ > ~It r` fI ='a m~ ~_m JJ= ` I I j N JIN FU JW 6~ Y / w a cc am ~J rca YY ~I w ~ Cmi-i 3H 3~ Q~ ~I`{ Imo' ~m~ Z¢ ~~ a ~ .nom ~r ~,. ~t -.-,.- ~...._ I_ ~- a r~`p o w~ i i z® i y ~ ~_ ! -~.~- I Yl ~ e a, & ~~ ~. ~I ~ `~ ~. ~ 3 -, u 1 p O 6~ ~-~--~-- f f / 1 ~ ~~ k .~ E ~ ~, 1 ~`~ iv i "'1'-.. -l.~i T) .-,.r.:: ...c4 J:: U ~) S) CJ -__.._.,_.__~ U ~~ ~~' ~. ... L ~, ,. : , ,, ~~ ~~ STATE OF FLOftiDA DEPARTMENT OP TRANSPORTATION FORM ]10-01485 UTILITY PERMIT occ~ oeiEa PERMIT NO.: SECTION NO.: STATE ROAD COUNTY Palm Beach -~ FDOT construction is proposed or underway. ^ Yes ^ No ~ Financial Project ID: I Is this work related to an approved Utility Work Schedule? ^ Ves ~ ^ No ~ If yes, Document Number: PERMITTEE: City of Delray Beach ADDRESS: 434 S. Swinton Avenue TELEPHONE NUMBER: (561)243-7303 CITYISTATE721P: Delray Beach, FL 33444 The above PERMITTEE requests permission from the State of Florida Department of Transportation, hereinafter called the FDOT, to construct, operate and maintain the following: Underground fire line, and water and sewer service connections FROM: FDOT right-of-way (A-1-A) TO: Delray Beach Club (2100 S. Ocean Blvd) Submitted for the PERMITTEE by: Brian Beckers, Project Manager Name and Title Signature Date T ed or Printed Le ibl 1, The Permittee declares that prior to filing this application, the location of all existing utilities that it owns or has an interest in, both aerial and underground, are accurately Shown on the plans and a letter of notification was mailed on 1!4/08 to the following utilities known to be involved or potentially impacted In the area of the proposed installation: AT&T Comcast Boca Delrev Beach Water & Sewer Network Florida Public UUlites FPL Palm Beach. and.Palm Beach Count Traffic 2. The local Maintenance or Resident Engineer, hereafter referred to as the FDOT Engineer, shall be notified a minimum of forty eight (46) hours in advance prior to starting work and again immediately upon completion of work. The FDOT's Engineer is located at ,Telephone Number .The Pennittee's employee responsibleforMOTis _ __ ,Telephone Number- .(This namemay be provided al the time of the forty eight (48) hour advance-notice prior to starting work). 3. All work, materials, and equipment shall he subject to inspection and approval by the FDOT Engineer. 4. All plans and Installations shall conform tothe requirements ofthefDOT's UAM in effect as of the date this permit is approved by FDOT,and shall be made a part of this pertniL This provision shall not limit the authority of the FDOT under Paragraph 8 of this Permit. 5. This Permittee shall commence actual construction in good faith within days after issuance of permit, and shall be completed within days after the permitted work has begun. If the beginning date is more than sixty (60) days from the date of permit approval, the Permittee must review [he permit with the FDOT Engineer to make sure no changes have occurred to the Transportation Facility Thal would affect the permitted construction. 6. The construction and maintenance of such utility shall no[ intedere with the property and rights of a prior Permittee. 7. It is expressly stipulated That this permit is a license for permissive use only and that the placing of utilities upon public property pursuant to this permit shall not operate to create or vest any property right in said holder, except as provided in executed subordination and Railroad Utility Agreements. 8. Pursuantio Section 337.403(1), Florida Statues, any utility placed upon, under, over, or along any public road or puhlicly ovmed rail corridor that is found by FDOT to be unreasonably Intertering in any way with the convenient, safe, or continuous use, or maintenance, improvement, extension, or expansion, of ' such public road or puhlicly owned rail corridor shall, upon thirty (30) days written notice tb the utility or its agent by FDOT, be removed or relocated by such utility al its own expense except as provided in paragraphs (a) and (b), and except for reimbursement rights setforlh in previously executed subordination and Railroad Utility Agreements, and shall apply to all successors and assigns for the permitted facility. 9. It is agreed that in the event the relocation of said utilities are scheduled to be done simultaneously with the FDOT's construction work, the Permittee will coordinate with the FDOT before proceeding and shall reoperate with the FDOT's contractor fo orange the sequence of work so as not to delay the work of the FDOT's contractor, defend any legal claims of the FDOT's contractor due to delays caused by the Permittee's failureto comply with the approved schedule, and shall comply with all provisions of the law and the FDOT's curtent UAM. The Permittee shall not he responsible for delay beyond its control. 10. In the case ofnon-compliance with the F DOT's requirements In effect as of the date this permit is approved, this permit is void and the fadliry will have to be brought into compliance or removed from the WW at no cost to the FDOT, except for reimbursement rights set forth in previously executed subordination and Railroad Utility Agreements. This provision shall not limit the authority of the FDOT under Paagraph 8 of this Permit. 11. It Is understood and agreed that the rights and privileges herein set out are granted only to the extent of the State's right, fiUe and interest in the land to 6e entered upon and used by the Permittee, and the Permittee will, at all times, and to the extent permitted bylaw, assume all risk of and indemnify, defend, and save harmless the State of Florida and the FDOT from and against any and all loss, damage, cost or expense arising in any manner on account of the exercise or attempted exercises by said Permittee of the aforesaid rights and privileges. 12. During construcfion, all safety regulations ofthe FDOT shall be ohserved and the Permittee musltake measures, including placing and thedisplay of safety devices that may be necessary in order to safely conduct the public through the project area in accordance with the Federal MUTCD, as amended for highways, the requirements of the Standard Application Package for railways, including flagging services and Railroad Protective Insurance oracceptable alternative, when applicable, and theFDOT's Design Standards, Indexes 600-670, and Standard Specifications for Road and Bridge Construction, Section 102, as amended by the UAM. When a Utility deems it necessary to conduct Trafhc Control activities and methods significantly different from those addressed In the above references, the Utility must submit an altemative plan signed and sealed by a licensed Florida professional engineer qualified to develop TCP in accordance with the provisions of Chapter 8 of the UAM. 13. Should the Permittee be desirous of keeping its utilities in place and out of service, the Permittee, by execution of this permit acknowledges its present and continuing ownership of its utilities lora[ed between and within the FDOT's R/W as set forth above. Whenever the Permittee removes its facilities, it shall be at the Pertnittee's sole cost and expense. The Permittee, al its sole expense, shall promptly remove said out of service utilities whenever the FDOT determines said removal is in the public interest. 14. In the event contaminated soil is encountered by the Utility or anyone within the permitted construction limits, the Utility shall immediately cease work and notify the FDOT. The FDOT shall coordinate with the appropriate agences and notify the Permittee of any suspension or revocation of the permit until contamination assessment and remediation, as appropriate under Rule Chapters 62770 and 62-730 Florida Administrative Code, has progressed to a state that all environmental regulatory agencies having jurisdiction have approved the siteof the contamination for resumption of work. 15. Forany excavation, construction,maintenance, or Support activities performed by or on behalf of the FDOT, within its f2NV, the Permittee may be required by the FDOT or its agents to perform the fol lowing activities with respect to a Permittee's facilities: physically expose or direct exposure of underground facilities, rovide any necessary support to facilities andlor cover aerial facilities as deemed necessary. Page 1 of 2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FORM ]1 C-01085 UTILITY PERMIT occ~`oaoa iii. Pursuant to Section 337.401(2), Floritla Statutes, the permit shall require the permit holder to be responsible for damage resulting from theissuance of[he permit. The FDOT may initiate inlunctive proceedings as provided in s.120.69 to enforce provisions ofthis subsection or any rule ororder issued orenlered into pursuant thereto. 17. Pursuant to Section 337.402, Floritla Statutes, when any public road or publiGy owned reil corridor is damaged or impaired in any way because of the installation, inspection, or repair of a utility located on such road or publicly owned rail corridor, the owner of the utility shall, at his or her own expense, restore the road or publiGy owned rail corridor to its original condition before such tlamage. if the owner fails to make such restoration, the authority is authorized to do so and charge the cost [hereof against the owner under the provisions of s.337.404. ~i 18. The Permittee shall comply with all provisions of Chapter 556, Florida Statutes, Underground Facilities Damage Prevention antl Safety Act. 19. Special FDOT instructions: I It is understood and agreed that commencement by the Permittee is acknowledgment and acceptance of the binding nature of all the above listed permit conditions and special Instructions. 20. Receipt of this permit acknowledges responsibility to comply with Section 119.07(3), Flodda Statutes, and UAM Chapter 4.5.2, regaMing Exempt Documents and Security System Plans Requests. 21. By the below signature, the Permittee hereby represents that no change to the FDOT's standard Utility Permit form, as incorporated by reference into Rule 14-46.001, for this Utility Permit has been made which has not been previously called to the attention of the FDOT (and signifed to by checking the appropriate box below)bya separate attached written documentshowing all changes and the written and dated approval of the FDOT Engineer. Are there attachments reflecting change/s to [he standard form? ^NO ^ YES If Yes, pages are attached. PERMITTEE Richard Hasko, P.E., Director of Env. Services SIGNATURE DATE: Name & Title of Authorized PermiUee or Agent T ed or Printed Le ibl APPROVED BY: _ ~ ISSUE DATE: District Maintenance Engineer or Designee UTILITY PERMIT FINAL INSPECTION CERTIFICATION DATE: DATE WORK STARTED: DATE WORK COMPLETED: INSPECTED BY: (PermiKee or Agent) CHANGE APPROVED BY: DATE: District Maintenance Engineer or Designee 1 the undersigned Permittee tlo hereby CERTIFY that the utility construction approved by the above numbered permit was inspected and installed In accordance with the approved plans made a part of this permit and in accordance with the FDOT's cuneht UAM. All plan changes have been approved by the FDOT's Engineerand are attached to this permit. I also certify that the work area has been left in as gootl or beder condition than when the work was begun. PERMITTEE: SIGNATURE: DATE: Name & Title of Authorized Permittee oc Agent (Typed or Printed Legibly) CC: Distdct Permit Office Pennlttee Page 2 of 2 U ~~ W V, ~ ~ m- mac a' a c U f6 m T f0 N O O N r Qa 1~ r^I OoL. @ ~ MEMORANDUM TO: Mayor and City Commissioners FROM: Randal L. Krejcarek, PE, LEED AP Richard C. Hasko, PE, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: January 9,2008 SUBJECT: AGENDA ITEM S.J -REGULAR COMMISSION MEETING OF JANUARY 15, 2008 FUNDING ACCOUNT CHANGE/ BARWICK ROAD CURBING AND SWALE PROJECT ITEM BEFORE COMMISSION This item is before the Commission to approve the change to the funding source for the work awarded to Chaz Equipment under a Contract Addition (Change Order No. 6) to the Block 64 Alley Improvements Project No. 2005-014. The New funding source will be 448-5461-538-65.36. The project will cost $49,952.50. BACKGROUND On November 6, 2007 City Commission approved Change Order #6 for the installation of curbing and Swale grading on the west side of Barwick Road along the frontage of Barwick Ranch Estates, which identified a funding source from account #334-3162-541-68.02. This account was utilized because the City and County had entered into an agreement where the County was going to reimburse the City up to $51,300.00 for the work identified in the November 6, 2007 agenda item. The City and County have since entered into a new agreement that supersedes the previous agreement. The new .agreement includes the transfer of the Barwick Road right-of--way from County jurisdiction to City jurisdiction. Along with this transfer of jurisdiction the County gave the City $130,000 to be utilized for resurfacing Barwick Road and for the installation of traffic separators at the intersection of Barwick Road and W Atlantic Avenue. The County is no longer funding the curb and gutter and Swale work because the city now owns the road. However, we have been able to implement a less costly solution than what the County was going to require. As a result of the new agreement, the funding for the installation of curb and gutter and swales along Barwick Road is not available from account #334-3162-541-68.02. Therefore, account #448-5461-538- 65.36 will be utilized to fund the curb and gutter and Swale work which will cost $49,952.50. REVIEW BY OTHERS ACCOUNT FUNDING CHANGE/BARWICK ROAD CURBING AND SWALE PROJECT: Approve an account change from General Construction Fund/Other Improvements/Barwick Road Sidewalks (334-3162-541-68.02) to the Storrnwarter Utility Fund/Barwick Road (448-5461-538-65.36) for the work awarded to Chaz Equipment Company, Inc. under a Contract Addition (C.O. No. 6) for the Block 64 Alley Improvement Project. FUNDING SOURCE Funding is from account #448-5461-538-65.36 (Storm Water Fund/Barwick Road), with a balance of $130,600. RECOMMENDATION Staff recommends approval. 0 i U .~ C~ m .~ J V .~ O a ~~ J ... U ;~~ N ,J is c~ p~o~ ~oinn.ie8 . ~ ~ m ~ i L U f6 N m 0 0 0 N r MEMORANDUM TO: Mayor and City Commissioners FROM: Sharon L'Herrou, Administrative Officer Joseph L. Schroeder, Chief of Police THROUGH: David T. Harden, City Manager DATE: January 8, 2008 SUBJECT: AGENDA ITEM 8.K -REGULAR COMMISSION MEETING OF JANUARY 15, 2008 PURCHASE AWARD/HARTZELL PAINTING CONTRACTORS -POLICE DEPARTMENT INTERIOR PAINTING ITEM BEFORE COMMISSION The Police Department requests approval For Hartzell Painting Contractors to continue the interior painting which began last year. This year's project request includes painting the hallways on the first and second floor of the Department. The price quoted by Hartzell is $32,480. BACKGROUND The Police Department is housed in an aging building and is in need of painting in order to provide routine maintenance and upkeep of the facility. Last year, Hartzell was contracted to complete painting of some of the interior offices. This year, the Department seeks to continue the project by painting the interior hallways (11,200 square feet). Hartzell is offering pricing through the City of Boca Raton's contract. FUNDING SOURCE Funding is available in the Police budget under general building maintenance, account #: 001-2111- 521-46.10. RECOMMENDATION The Police Department recommends approval of a purchase award to Hartzell Painting Contractors in the amount of $32,480 for painting the interior hallways in the Police Department. ? 4tyE ti.44. ;; ` 4 s,rtr4. Sttifc 12 t'vaz4jJ,tnu t3eztch. ~ f + +11U'S M1taiaa Fars:t+)„;~s;"-~r`bi,~-'tt«rits i'h[?3zc-(~t~.i}+di?-<>°t~R b4'y`+i'.aa. i~d~?~-6~4?-~3t}"i Nei eatbcr ZG, 20{17 TO: Captain Mark Davis/ Captain Goldman FROM: Bill Stecklaw RE: Hallway Wallpaper Removal -Painting - 1$r 8 2"`~ Floors The following pricing is based upon the approved units with the City of Baca Ratan bid # 2005-Olifi. A copy of this term contract was submitted previously to the city of Delray Beach's purchasing department, DE4RAY BEACH POLICE STATION BID Hallways 1*' Floor $2Y,2sz80 7344 sq ft x $ 2 00 {Based upon City Removal or wallpaper, patching. sanding of 6gca Raton -Terre Contract 2005-066 prinrinq and ?_ finish coats of paint Hallways 2"" Floor 11 182.40 33856 sy tt x $ 2.60 i Amount for both floors $32,480.00 ' This work can be done daring working hours and weekends. Door jambs and metal painted door are being l~arnted -other doors are being hand cleaned to remove most of the wax build-up ~NO CHARGE FOR TWISCI_EANING 17EM- SINCE'1HIS PRICE IS BASED UPON TERM 'UNITS -Either both doors or one floor can be 'started and the remaining price is sail! good through September 30, 2008. F3111 Stecklow MEMORANDUM TO: Mayor and City Commissioners FROM: Tim Simmons, Acting Director of Parks and Recreation THROUGH: David Harden, City Manager DATE: January 9, 2008 SUBJECT: AGENDA ITEM 8.L -REGULAR COMMISSION MEETING OF JANUARY 15, 2008 VOLUNTEER PROGRAM HANDBOOK/PARKS AND RECREATION DEPARTMENT ITEM BEFORE COMMISSION The item before the Commission is a request for approval to implement a new Volunteer Program Handbook to be utilized by the Parks and Recreation Department. BACKGROUND The Parks and Recreation Department hopes to create a program in which volunteers are recognized for their efforts towards community involvement. The Volunteer Handbook emphasizes the What? -Why?- Who? -How? of volunteerism. The handbook includes: application, consent/release form, youth application, volunteer interest survey, volunteer worker agreement form, job descriptions, affidavit of good moral behavior, and a section explaining the policies and procedures of the City of Delray Beach including the background check requirements. The City Attorney's Office has approved the handbook (see attached memo). Human Resources has recommended that the attached handbook be used citywide. RECOMMENDATION Staff recommends Commission approval to implement the Volunteer Program Handbook. DD.RAY BPACH // \\ D E L R A Y B E A C H 1' I f ~ Parks fs Recreation '1993 ® j'~~"` ~tStafts zDO, ~~Parks Volunteers Go Above and Beyond fv~~ C° Volunteers are # 1 CITY OF DEL Y EAC PARKS RECREATION VOLUNTEER ~IADSOOK Volunteers are Star Performers Volunteers Make a Difference VOLUNTEER: WHAT? -WHY? -WHO? -HOW? WHAT is a Volunteer? A volunteer is an individual who sees a need, is concerned and willing to do something about it. A person who, of his/her own free will, contributes talents, time, and service to a program without pay. Volunteers supplement staff but do not replace them. They come from every community, age group, race, economic level and ethnic background. WHY should I Volunteer? Volunteering gives you an opportunity to: o help identify community needs o do something worthwhile o shaze your talents o have a lasting effect on the community o learn new skills o gain experience which may lead to employment opportunities o form new friendships Volunteering is a rewazding experience for all when volunteers and staff have mutual respect and a desire to cooperate in meeting the needs of our City and its citizens. WHO can Volunteer? Anyone can volunteer with the City of Delray Beach Parks & Recreation Department: Residents, Non-residents, Adults, Seniors, Youth ages 16 and up. Certain regixirements may be needed, depending on where you would like to volunteer, i.e. Athletics-certain skills may be required depending on activities. HOW do I Volunteer? Volunteers can assist at a number of facilities and special events. Volunteers will fill out an application and turn it in to the Volunteer Coordinator. The Coordinator will check what the volunteer wants to do and then pass the request to the proper facility or events. The supervisor of that facility or event will contact the volunteer and let them know if they are in need of volunteers. Some of the areas in which volunteers may be needed: o Office work (filing, stuffing envelopes, answering phones, etc.) o Staffing of facilities o Assisting instructors o Athletic Programs o Park Ambassador o Special Events (Kidsfest; Holiday Parade, etc.j o Homework assistance NATIONAL BACKGROUND CHECK 1. All volunteers in all programs will be required to go through a National Background Check. 2. All volunteers are required to fill out: a. Application b, Affidavit of Good Moral Chazacter form o. Criminal history record checkwaiver agreement and statement d. Fingerprint card Procedure: a. Obtain al] four forms listed above. Fill out Criminal History Record Check Waiver Agreement form and leave with person who issued it. b. Take Affidavit of Good Moral Chazacter Form to Notary Public and have it notarized. o. Take Fingerprint Card to Delray Beach Police Department (?) d. Return all forms to the person who issued them. POLICY OF NONDISCRIMINATION ON THE BASIS OF DISABILITY STATUS No covered entity shall discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement or dischazge of employees, employee compensation, job training and other terms, conditions and privileges of employment. (A.D.A. App. TI, Section 102, Discrimination, page 5). The City of Delray Beach has designated the following location for those with questions to coordinate efforts to comply with this requirement: Doug Smith, Assistant City Manager 100 N.W. lat Avenue Delray Beach, Florida 33444 REPORTING TO WORK As you begin your volunteer job, your supervisor will be your main source of information. Supervisors have the responsibility of directing volunteers in training, understanding duties, work schedules and personal matters. You aze encouraged to discuss any questions, concerns, problems, difficulties, misunderstandings or suggestions with your supervisor. If this does not resolve the matter, you should contact the volunteer coordinator who will attempt to see that the matter is concluded in a manner that is satisfactory to all. As a volunteer, you play a vital role in the department. We rely upon your help and therefore request that you notify your supervisor, as well in advance as possible, if you are unable to work on an assigned day. This wilt allow time for replacement or for rescheduling where necessary. USE OF CITY EQUIPMENT Telephones -Business phones are available for limited personal use. Check with your supervisor regarding which phone you may use. Personal long- distance calls are prohibited. Calls to 411 should be made at the pay phone. In the use of telephones while conducting City business, be sure to identify yourself and department, using a pleasant tone of voice. Vehicles -Vehicles will be used by authorized volunteers only. Machines -City equipments (eomguters, typewriters, copy machines, radios, etc.) is only for the use of City employees or volunteers in the course of performing City duties and may not be used for personal reasons. Before using any equipment, please check with your supervisor. GIFTS No employee (or volunteer) of the City shall accept any fee, gift or other item of value in the course of, or in connection with, their duties, when such fee, gift or other item of value is given to induce or is intended to induce the receipt of a favor or preferential treatment from the City, any City employee or any City volunteer. SOLICITATION The City prohibits solicitation on or off City property unless officially approved by the City Manager and/or City Commission. Printed or written announcements posted anywhere on City property which deal with outside activities must by authorized by a supervisor. APPRECIATION AND RECOGNITION The Parks & Recreation Deprtment appreciates the excellent services performed by its .volunteers. In order to assure recognition of all these valuable people, accurate records of hours donated will be kept. CITY OF DELRAY BEACH PARKS & RECREATION DEPARTMENT VOLUNTEER RULES AND EXPECTATIONS All volunteers, who perform as the Parks & Recreation Department's public relations representatives, must always be polite, helpful and present themselves in a professional manner. They must act, speak and dress in such a professional manner as to receive respect from the public. As expected of any Parks & Recreation Department employee, a volunteer must be punctual, fair, consistent, knowledgeable and professional. He/she accepts the responsibility of helping to ensure the smooth operation of a recreation facility and/or program. A volunteer will perform his/her duties under the direct supervision of the Parks & Recreation Department staff as assigned. General rules and expectations include: 1. All volunteers must sign up with the Volunteer Program by filling out an application. 2. All volunteers will go through a training session at the area where they volunteer. 3. All volunteers vrill sign in and out each day. 4. Each supervisor has the sole responsibility for the operation of the center under his/her responsibility. Failure to follow the supervisor's instruction will result in dismissal from the Volunteer Program. 5. All volunteers will be monitored by staff and given supervisory visits as will as in-service training. All volunteers will be evaluated regazding performance. 6. No volunteer will be told to volunteer for any specific azea. Volunteers will choose the area in which they prefer to work. 7. If a volunteer cannot make his/her scheduled assignment, he/she will call the center so arrangements can be made to fill the spot. 8. ALL schedule changes must be approved by staff. 9. No volunteer has authority over any other volunteer. l0.A11 volunteers must be fingerprinted and go through a national background check. 11.All volunteers for Athletics must go through NYSCA (National Youth Sports Coaches Association) certification. 12. Perform the duties in the volunteer job description. 13. Volunteers aze to assist staff and participants of the Pazks & Department, and their actions reflect on the department, as well as the City of Delray Beach. 14. Recreation facilities should ALWAYS be kept in a clean, neat and orderly condition. Volunteers are responsible for knowing and complying with ALL of the Facilities Rules and Guidelines. A detailed list of the rules and guidelines will be provided and any questions should be directed towards the Supervisor. 15.Ensure maximum safety of ALL patrons in the Pazks & Recreation facility and/or program. 16.A1ways be consistent, fair, and courteous when enforcing the rules and regulations. If necessary, provide a justification for the rule. If the patron has additional questions or becomes unsatisfied, call upon staff to assist you. Remember YOUR primary responsibility is to ensure participant safety. 17.Assist staff in maintaining a safe, clean, and orderly facility. Periodically check the facility for unsanitary and unsafe conditions. Check the equipment to ensure its safety. If repairs are needed, notify staff. If a potentially hazardous condition arises, inform staff immediately, 18. Know and properly follow the established emergency action plan. 19.Take ALL patron feedback/complaints seriously. Resolve the issue if possible. If the patron remains persistent, refer him/her to staff. 20.Inform staff of any patron who should be denied admission or asked to leave the facility due to conduct or safety reasons. 21.Always be polite, helpful and friendly to ALL patrons, other volunteers and employees. 22.Maintain a professional appearance at ALL times with regard to dress, hygiene and conduct. 23. Keep the staff informed of activities at the facility. Maintain ACCURATE logs and reports. Most importantly, the documentation is essential for liability purposes. Always notify staff of any important and unusual events that occur. 24. Use of alcohol or illegal drugs is prohibited. 25.Any volunteer caught stealing, being discourteous or spreading rumors will be dismissed. 26. Dismissal Procedure: a. Oral Warning b. Written Warning c. Suspension or Dismissal ~~ D E L R A Y B E A C H ~Ye~ e~ Parks ~ Recreatl~on ~~~~~ \ i',~~ ItS~CtS .ooi ~ ~~farks City of Dehay Beach Application Last Name Rust I.Siadle lnieat Nickname, 9f preferred Street Address City -___.. State Zip Codc ^ Permanent Resident ^ Seasonal Resident Address Date Home Telephone # Work Telephone # Cellular Telephone# Driver's License # J State Emergenty Contact Name Relationship Highest Level of Education (Please check) ^ High School/GED ^ Associates Degree ^ Undergraduate Degree ^ Graduate/Post-Graduate Degree ^ Other Days and times you are available to volunteer (Please check all days and times that aze convenient for you to volunteer. We under- stand that this may depend on the type of assigtunent and season. ^ No preference ^ Monday ^ Tuesday ^ Wednesday ^ Thursday ^ Friday ^ Saturday ^ Sunday ^ mornings ^ mornings ^ mornings ^ mornings o mornings ^ mornings o mominga ^ afternoons ^ afternoons ^ afternoons ^ aRemoons o afternoons ^ afternoons ^ afternoons ^ evenings ^ evenings ^ eveni^9os ^ evenings ^ evenings ^ evenings. ^ evenings How frequently you world like to serve: ^ Daily ^ Weekly ^Monthly ^ Yeazly o Ongoing If, yon'd like to volunteer daily, weekly or ongoing, how many hours per week are you available? How did you learn of our Volunteer Progsam? ^ Newspaper ^ Brochure/Flyer ^ Internet ^ Friend Please turn page for continuation of application. Please desalbe nay current or former vohmteer eaperieace. Please ]ist employment and volnatecr history for the past five years. Please indicate if yon have not been employed or vohmteesed~ for the past five years. Present Employer Position Title Phone Number supervisor Name/Title Dates of Employment Present Employer Position Title Phone Number Supervisor Name/1Ytle Dates of Employment Ptesent Employer Position Title Phone Number Supervisor Name/Title Please list three references of adults tmralatad to yon. Dates of Employment Name Relationship Phone Number Address/Email Address Name Relationship Phone Number Address/Email Address Name Re)ationship Phone Number Address/Email Addtess Waiver 8s Release of All Claims I, the undersigned, intending to be legally bound, do hereby for myself, family, guardians, charge/charges, heirs, executors and administrators, waive and. release any and all rights and claims for damages which I/we may have against the City of Delray Beach, their representatives, successors and employees for any injuries 1/we may suffer in connection with my/our participation in this program. At various times, the City of Delray Beach videotapes and photographs events to be submitted to the local media. By entering in the City of Delray Beach Program, I/we hereby authorize the City of Delray Beach to reproduce, copy, exhibit, publish, broadcast or distribute any and all such tapes or photographs. I have read the above, and understand the rules and regulations for the City of Delray Beach Program that have been made available to me. si@nature Date ~~ D E L R A Y B E A C H pe..v,.uo~ Parks fs Recr7ati~on ~{ ~ i ~ ~d ~ StaPtS ,oo, ~nParks City of Delray Beach Volunteer Consent/Release Form Applicant's Name (printed) Social Security Number Date of Birth Applicant's Address City Zip 1, ,authorize and give consent for the above named organization to obtain information regazding myself This in- cludes the following. • Employment records/Employers references , • Criminal background records/information • Sex og'ender registry check • Driver's license check • Training/experience • Personal references • Addresses I, the undersigned, authorize this information to be obtained either in writing or via telephone in connection with my volunteer application. Any person, firm or organization providing information or records in accordance with this authorization is released from any and au claims of liability for compliance. Such information will be held in co~dence in accordance with the organization's guidelines. Print Name: Date: Signature: D E L R A 7 B E A C H P?Y!w^P! eras Parks ~ Recreation ''ll~ ~~O%7~~ (tS~arts City of Delr.1y Beach Youth Application Name: _ Birthdate: Home Phone: Age: _ Pager/Cell Street Address: City: Zip Code: E-mail Address: Driver's License # (if applicable): School Information: School Name Grade # of Service Hours Required m Complete Emergency Contact Information: Emergency Contact Name Relationship Telephone # Please list employment and volunteer history (if applicable). Present Employer Position 1YHe Phone Number Supervisor Name/Title Dates of Employment Former Employer Position 1Ytie Phone Number Supervisor Name/'15fle Dales of Employment Please list three references of adults unrelated to you, (i.e. teacher, coach, etc.) Nerve RclaHOnship Phone Number Address/Email Address Name Relationship Phone Number Address/Email Address Nerve Relationship Phone Number Address/Fail Address Days avatlable for volunteer service: Sun Mon Tue Wed Thu Fri Sat Why do you want to volunteer (i.e. need hours for school, like to help people, etc.)? What skills would you like to develop? Pareatal Coasent I, the undersigned, intending to be legally bound, do hereby for myself, family, guardians, charge/charges, heirs, executors and administrators, waive and release any and all rights and claims for damages which I/we may have against the City of Delray Beach, their representatives, successors and employees for any injuries I/we may suffer in connection with my/our participation in this program. At various times, the City of Delray Beach videotapes and photographs events to be submitted to the local media. By entering in the City of Delray Beach Program, 1/we hereby authorize the City of Delray Beach to reproduce, copy, exhibit, publish, broadcast or distribute any and all such tapes or photographs. I have read the above, and understand the rules and regulations for the City of Delray Beach Program that have been made available to me. printed Name of Parent/Guardian Data Signature of Parent/Guardian Date //~ D E L R A Y B E A C H ~III•• Parks fs Recreat$n itStarts .~~~" ~/~ inParkS` City of Dehay Beach VolunteerIaterest Survey Name: Please check all groups you prefer to work with: Adults Children Seniors Youth Please check all activities you would like to participate in: Aquatics Facility Coverage Arts 8a Craft Instruction Hospitality Board or Committee Member Mailing Assistance Bookkeeping/Accounting Public Safety Coaching Athletics Public Speaking Computer Assistance Receptionist/Telephone Assistance Data Entry Park Ambassador Disaster/Emergency Activites .Special Event Assistance Please check ail skills you presently possess (Havel or would like to obtaia [Desires: Art & Culture Have Desire Dance Music Theatre Art Photography Communicafions Have Desire Advertsing/Marketing Audio/Visual Editing Public Speaking Writing Clerical Have Desire Filing Receptonist/Phone Word Processing Desktop Publishing Community Have Desire Crime Prevention Politics Tourism Please check all skills you presently possess {Have) oz wonid like to obtain (Desire): Emergency/Disaster Health/Medical Heve Desire Have Desire Disaster Cleanup CPR Emergency Sheltering First Aid Firefighting Paramedic Flood Control Medical Leadership Professional Have Desire Have Desire Boazd Training Accounting/CPA Event Coordination ~ Business Consulting Human Resource Mgmt. Financial Advisor Professional Trainer Fundraising/Grant Writing Project Coordination LegalorPazalegal Medical Practioner Languages Sports/Recreation Have Desire Have Sign Language Baseball Arabic Basketball Chinese Bowling English Coaching French Cycling German Football Hebrew Golf Japanese Gymnastics Korean High Adventure Russian Inline Skating Spanish Referree/Umpire Vietnamese Skateboarding Other Soccer Swimming Tennis Track & Field Volleyball Water Sports ,~ D E L R A Y B E A C H i Parks_ ~s Recreatl~on ~tSt (~S \~ ~~ ~~ ;~; ~ Parks VOLUNTARY WORKER AGREEMENT FORM An agreement by and between the City of Delray Beach, a municipal corporation of the State of Florida, and Wherein it is mutually agreed, as follows: That the Volunteer indicated above will receive no compensation from the City of any ]and whatsoever for services rendered in accordance with his/her volunteer assignment. This does not include reimbursement for transportation expenses inctured in the course of carrying out any assignment which requires transportation. In accepting a position as a volunteer worker for the City of Deh~ay Beach, I agree to accept voluntary Workers' Compensation coverage as the sole remedy for any injuries I might sustain while in such volunteer service. Such voluntary Workers' Compensation coverage will be in effect to pay for medical attention for actual injuries sustained while on the job only subject to Statute Workers' Compensation regulations. Since volunteer service does not include wages, such compensation does not provide for same. HOLD HARNII,E33 AGREEMENT: I agree to hold the City harmless for any such injurLes and agree not to pnrsue legal proceedings against the City fox any reason associated with volu~ary servLce except through the Workers' Compensation Act. signature oT volunteer CITY OF DELRAY BEACH PARKS 8s RECREATION DEPARTMENT VOLUNTEER JOB DESCRIPTIONS FACILITIES COVERAGE: Volunteers are needed to open and close facilities during special events, rentals and classes when the center is not normally opened such as Saturday, Sunday, Holidays and evenings. Other responsibilities include assisting clubs, organizations, athletic groups, schools and the general public in meeting criteria for facility use. Volunteers should be able to handle emergency situations. AED -CPR Certification is required. PARK AMBASSADOR: Volunteers would be required to patrol city parks, check for damage to facility equipment, graffiti and periodically lock pazk gates after closing time. As a Pazk Ambassador the volunteer would have the ability to answer questions for the general public and explain Pazks and Recreation rules and regulations. Park Ambassador volunteer position requires a valid Florida Driver's License, a clean driving record and annual training provided by the City. AFTER SCHOOL PROGRAM: The City of Delray Beach After School Program runs Monday-Friday from 2:00 pm to 6:00 pm throughout the school year. The children's ages range from 5- 12 yeazs old. Volunteers are needed to assist in the daily activities of this program which include athletics, azts and crafts, cooking, and academic assistance. The children also receive certification in American Red Cross swimming, USTA tennis, PGA golf, and soccer. Assist staff, coordinate and participate in various after school activities (games, sports, arts and crafts) including set up, clean up, material prepazation and homework assistance. SUMMER CAMP: The Pazks & Recreation Department offers aneight-week summer camp that runs from June to August. The hours aze 7:30 am - 5:30 pm Monday through Friday for children 5-12. Volunteers are asked to assist in the daily running of the camp which includes athletics, of£--site field trips (recreational and educational), arts and crafts, swimming and much more. if you aze interested in this program you may volunteer for hours that fit your schedule. HOLIDAY CAMPS: While the children are out of school for Holiday and Spring Break, the Pazks 8v Recreation Depaztment offers holiday camps so these children aze supervised and still having fun. We need volunteers to help make sure both of these goals are met. These camps aze structured similazly to summer camp. Volunteers are needed to assist in sporting events, cooking projects, field trips and much more. Camp hours aze 7:30 am - 5:30 pm weekdays during holiday times. ATHLETICS: YOUTH BASKETBALL The City of Delray Beach Youth Basketball Program serves 300 children from ages 5-15. Team practices start in December; games begin early in January and run through Mazch. Games will be played on various week nights and Saturday mornings. Volunteers aze needed to assist in coaching (both head and assistant coach), run the game clock and keep score, plus any other game related activities. YOUTH FOOTBALL The Delray Rocks is one of the finest youth football organizations in South Florida. To continue this tradition we need volunteers in all areas of the program operations. Volunteer needs are as follows: coaches (head, assistant), field crew, concession stand, announcing, game day security and help with fund raising activities. Teams start practicing in late July, and the season runs to the end of November. Teams practice four days a week during the season. Games aze played on Saturday afternoons and evenings. BEACH Volunteers are needed to assist lifeguards with setting up and running lifeguazd competitions in January and April. Ocean Rescue also needs assistance with its Junior Lifeguard Program during the spring and summer months. SPECIAL EVENTS: JANUARY/FEBRUARY -SENIOR GAMES A competition of athletic and non-athletic events fro seniors age 50 and up. Senior Games is a week-long event with opening and closing ceremonies. Volunteers can be used to help run each event. These events are as follows: swimming, track 8v field, tennis, table tennis, golf, bowling, health walk, bridge, lawnbowling, chess, basketball 3 on 3, and basketball skills. We also need volunteers to help with set-up of tables and chairs, decorations, and serving food at the closing ceremony. Hours needed will vary during the week of the events. APRIL -EASTER EGG HUNT Children between the ages of 1-8 have the opportunity to collect Easter Eggs and win prizes. Over 10,000 plastic eggs aze stuffed with delicious candy. Volunteers are needed to help stuff the plastic eggs prior to the event. On the morning of the hunt volunteers will be needed to help scatter the eggs. FLONIU.1 UEP:\R'I'M ENT OF t ~ ) HEALTH Charlie Crist Governor MEMORANDUM OF RECORD DATE: Friday, June 01, 2007 TO: Owners/Directors Child Care Facilities FROM: Elias Baez, III, B.S., M.P.H Background Screening Coordinator Ana M. Viamonte Ros, M.D., M.P.H. Secretary of Health RE: New revised Attachment A (Affidavit o4 Good Moral Character) Enclosed is the new revised Attachment A (Affidavit of Good Moral Character).This revision results from recent changes in Chapter 65C-20 FAC, Family Day Care Standards, and Chapter 65C-22 FAC, Child Care Standards. Please discard all previous blank versions of the Affidavit of Good Moral Character form and replace it with the one attached to this letter. Feel free to make copies of this form. Please be aware that this change is effective immediately. Thank you for your cooperation. Should you have any questions please call Palm Beach County Health Department, Background Screening Section at (561) 355-3018 ext. 1193 or 1217. Respectfully, Bachg e1_atf~i-8~reening Coordinator Palm Beach County Health Department Post Of£ce Box 29 / 826 Evemia Street, West Patm Beach, FL 33402 Lean M. Malecki, MD, MPH, FACPM, Director www.pbchd.com ', [IiYtlrenb Fem Ott ~~ State of Florida AFFIDAVIT OF GOOD MORAL CHARACTER County of Before me this day personally appeared deposes and says: Local Licensing Agency PBC Cbild Core Facilities Board - Pelin Beach County Health Dept ATfACNMENTA who; being duly sworn, I am an applicant for employment as a caretaker (or similar position requiring level2 screening under Chapter 435, Florida Statutes), or t am currently employed as a caretaker with: By signing this form, I am swearing that I have not been found guilty or entered a plea of guilty or nolo confendere (no contest), regardless of the adjudication, to any of the following charges under the' provisions of the Florida Statutes or under any similar statute of another jurisdiction. I also attest that I do not have a delinquency record that is similar to any of these offenses. I understand that 1 must acknowledge the existence of any criminal records relating to the following list regardless of whether or not those records have been sealed or expunged. I understand that I am also obligated to not'rfy my employer of any possible disqualifying offences that may occur while employed in a position subject to background screening under Chapter 435, Florida Statutes. RelatinD to: Sections: 393.135 relating to sexual misconduct with certain developmentally disabled clients 394.4593 relating to sexual misconduct with certain mental Health patients 415.111 adult abuse, neglect, or exploitation of aged persons or disabled adults 741.30 domestic violence and injunction for protection (defined in 74128) means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, etc. of a family or household member 782.04 murder 782.07 manslaughter, aggravated manslaughter of an eldedy person or disabled adult, or aggravated manslaughter of a child 782.071 vehicular homicide 782.09 killing an unborn child by.injury to the mother 784.011 assault, if the victim of offense was a minor 784.021 aggravated assault ' 784.03 battery, if the victim of offense was a minor 784.045 aggravated battery 784.075 battery on a detention or commitment facility staff 787.01 kidnapping - 787.02 false imprisonment 787.04(2) taking, enticing, or removing a child beyond the state limits with criminal intent pending custody proceedings 787.04(3) carrying a child beyond [he state lines with criminal intent to avoid producing a child at a custody hearing or delivering the child to the designated person 790.115(1) exhib(ting firearms or weapons within 1,000 feet of a school 790.115(2)(b) possessing an electric weapon or device, destructive device, or other weapon on school property 794.011 sexual battery 794.041 prohibited acts of persons in familial or custodial authority (former) Chapter: 796 prostitution Section: 798.02 lewd and lascivious behavior Chapter: 800 lewdness and indecent exposure Section: 806.01 arson Chapter: 812 felony theft and/or robbery and related crimes, if a felony Sections: 817.563 fraudulent sale of controlled substances, iF the offense was a felony 825.102 abuse, aggravated abuse, or neglect of disabled adults or elderly persons 825.1025 lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled adult CONTINUED ON BACK PALM BEA CH COUNTY AEA LTH DEPARTMENT P. O. Box 29 •901 Evemia $t¢et • West Palm Beach, FL 33402-0029 Page 1 Of 2 825.103 826.04 827.03 827.04 827.05 827.071 843.01 843.025 843.12 843.13 ;hapter: 847 iection: 874.05(1) ;hapter: 893 Sections: 916.0175 944.35(3) 944.46 944.47 985.701 985.711 explatation of disabled adults or eldedy persons, if the offense was a felony incest child abuse, aggravated child abuse, or neglect of a child contributing to the delinquency or dependency df a child negligent treatment of children sexual pertormance by a child resisting arrest with violence depriving an officer means of protection or communication aiding in an escape aiding in the escape of juvenile inmates in conectional institution obscene literature encouraging or recruiting another to join a criminal gang drug abuse prevention and control only if the offense was a felony or'rf any other person involved in the offense was a minor relating to sexual misconduct with certain forensic Gients inNicting cruel or inhuman treatment on an inmate resulting in great bodily harm harboring, concealing, or aiding an escaped prisoner introduction of contraband into a correctional facility sexual misconduct in juvenile justice programs contraband introduceii into detention facilities ENE OF THE FOLLOWING STATEMENTS MUST BE MADE: Jnder the penalty of perjury, which is a first degree misdemeanor, punishable by a definite term of imprisonment, got exceeding one year andlor a fine not exceeding $1,OD0 pursuant to ss.837.012, or 775.082, or 775.083, Florida Statutes, 1 attest that I have read the foregoing, and I am eligible to meet the standards of good character for this :aretaker position. Signature of Affiant OR To the best of my knowledge and belief, my record may contain one or more of the foregoing disqualifying acts or offenses. SignaWre of Affiant ' OR for teachers and non-instructional personnel in lieu of fingerprint submission: I swear that I have been fingerprinted under Chapter 1012, Florida Statues, when employed as a teacher or non- instructional employee and have not been unemployed from the school board for more than 90 days. I swear the findings of that background check did not include any of the above offenses and that i meet the standards of good character for this caretaker position. W Agiant OR To the best of my knowledge and belief, my record may contain one or more of the foregoing disqualifying acts or offenses. Signature of Atfient Sworn to and subscribed before me this day of MY commission expires. NOTARY PUBLIC, STATE OF FLORIDA My signature, as a Notary Public, verifies the aNianYs identification has been validated by erre-oc-ov7 t0$Y100] (Obsolst¢s Orovioas etlitlons which mey ~1 be usetl)) Page 2 of 2 ^s f~~Y** ~} F4.~ e,~~E~,6k--i~.~ ,r~~..~~~- 0(1 NV, Ict:.V ENUG•DELRAY BEACFI-FLORIDA 31444 fLk IL ~k° a ~, 51, L4,; ~ ~ ~~ ~, Ct t PHON n: 5! 11_11-7090 • PACSIMILH ~Ctl/_7F-475 DELRAY BEACH AIl•AmericaCity 1 ~ I I I' DATE: ® TO: 1993 zoos FROM: Writer's Direct Line: (561) 243-7092 MEMORANDUM November 14, 2007 Alberta Gaum-Rickard, Administrative Office Manager n~ ,` Terrill Barton, Assistant City Attorney SUBJECT: City of Delray Beach Parks and Recreation Volunteer Handbook I have reviewed the attached Volunteer Handbook and it meets with my approval. TCBsmk Attachment MEMORANDUM TO: Mayor and City Commissioners FROM: David C. James, Fire Chief THROUGH: David T. Harden, City Manager DATE: January 11, 2008 SUBJECT: AGENDA ITEM S.M -REGULAR COMMISSION MEETING OF JANUARY 15, 2008 MEMORANDUM OF UNDERSTANDING AND ADDENDUM TO OPEN ROADS POLICY W-'CH FDOT DISTRICT FOUR ITEM BEFORE COMMISSION Authorization for the Delray Beach Fire-Rescue Department to execute a Memorandum of Understanding and Addendum regarding theTraffic Incident Management (TIM) Program with Florida Department of Transportation, District Four. BACKGROUND The Florida Department Transportation (FDOT) has developed a Traffic Incident Management (TIM) Strategic Plan to identify programs and actions to sustain the commitment to and expand the TIM program in Florida to better meet our travel needs. The MOU is intended to provide the initial framework and guidelines to promote a collaborative effort by and between the TIM Team Agency Members within Saint Lucie, Indian River, Martin, Palm Beach and BrowardCounties, to further refine and promote the TIM program within FDOT District Four. In my opinion, DBFR participation will enhance our operational effectiveness when handling incidents on major roads. The City Attorney's Office has reviewed the MOU for legal sufficiency and form. FUNDING. SOURCE The MOU will not obligate any TIM Team Agency Members or representatives to commit or donate funds, equipment or personnel to the association's activities or initiatives, but only commit to participating in collaborative efforts intended to advance the interest of the TIM program for the benefit of public safety. RECOMMENDATION Staff recommends approval of the Memorandum of Understanding for the Traffic Incident Management Team (TIM) Program and the Addendum to the State Open Roads Policy with the Florida Department of Transportation District Four. ~. ~~, Florida Department of Transportation SMART SanGuide Transportation Managemem Center CHARLIE CR15T 2300 R'esr Commercial Boulevard, Fort Lauderdale, Aoride 33309 STEPH4*11E C. 60PEL0!'SOS Gb~'F.RNOR Telephone (954) 8472797 Fax (954) 8472683 tiECRET:4R5 Email: gaetano.francese@dot.stete.ll,us November 9, 2007 Chief David James 502 West Atlantic Avenue Delray Beach, FL 33444 Re: Sign and Return Memorandum of Understanding and Addendum to Open Roads Policy Dear Chief David James, Traffic Incident Management (TIM) is one of several successful proactive programs designed to assist our regional Transportation Management Centers (TMCs} with freeway incident management and surface transportation-related activities in South Florida. The TIM Team brings together various agencies responsible for responding to incidents. TIM has proven successful in addressing issues as a result of diverse institutional functions and individual agency goals. Our growing multi-agency TIM Teams meet bimonthly in Broward and Paim Beach Counties to discuss and improve operational services related to incident management and we appreciate your agency's participation. We ask that you take the time to review the information on the following documents and respond so that we may include your agency in the Traffic Incident Management Team. Please verify your agency head and, in addition, designate two agency representatives for the TIM Team which we will add to our TIM Team list. The TIM Team Memorandum of Understanding and the Addendum to the Florida Open Roads Policy are enclosed for signature by the agency head or appropriate designee. For your reference, a copy of the Floritla Open Roads Policy, is attached. After signing the two agreements, please make copies for your records, and mail the originals back to me at: Gaetano Francese SMART SunGuide TMC 2300 W. Commercial Bivd. Ft. Lauderdale, FL 33309 We would greatly appreciate your response as soon as possible. Please feel free to contact me at (954) 847-2797 if you have any questions. Sincerely, ~~AR.- Gaetano °Guy° Francese District IV Freeway Operations Manager RECEIVED NMOUIIO] www.smarrsunguide.com aE~ ~ 1 Z00~ CITY ATTORNEY CITE ®F DELRA~f BEACH CITY ATTORNEY'S OFFICE ,iii; ; ; ~'t~~~~ ~; "` ~'a;';~';>'i;` t',~' ~~~~~'~`;~ iiio a75~~ Writer s Direct Line: 561/243-7090 DELRAY BEACH 11~-rYmertcaClty MEMORANDUM ''' ~ ~ r DATE: December 12, 2007 1993 TO: Chief James, Fire Department zoos FROM: Terrill Pyburn, Assistant City Attorney SUBJECT: Memorandum of Understanding and Addendum to Open Raads Polic +~ 1 have reviewed the attached Memorandum of Understanding and it meets with my approval for legal sufficiency and form. TCPsmk Attachment 4~-~~ k MEMORANDUM OF UNDERSTANDING For TRAFFIC INCIDENT MANAGEMENT TEAM WITHIN FLORIDA DEPARTMENT OF TRANSPORTATION' DISTRICT FOUR Introduction Traffic incidents are responsible for approximately 50-i30% of the congestion delays that motorist encounter on the State of Florida highways every day. Responders to these incidents routinely face dangers at incidents and are sometimes victims of secondary crashes., as are other travelers. Traffic incidents result in substantial economic. impact, increased air pollution, motorist frustrations. and negatively impact the general quality of I'rfe. As such, the Florida Department of Transportation (FOOT) has developed a Traffic Incident Management (TIM) Strategic Plan to identify programs and actions to sustain the commitment to and expand the TIM program in Florida to better meet our travel needs. Moreover, the FOOT has reached a milestone where the department can now strengthen its already successful TIM Program to reach new levels of leadership and vision. The programs future success wilt include increased TIM Team Agency Members participation, an in depth understanding stakeholder needs, a statewide and national perspective on transportation management and operations, and credibility to lead the TIM community to achieve new goals. Purpose This MEMORANDUM OF UNDERSTANDING (MOU) provides the framework to promote a collaborative effort to further refine and promote coordinated decision-making and information sharing in planning, design, deployment, operations, funding and evaluation of TIM via a District-wide TIM Team. Particioatina Aaencies and Stakeholders This MOU is made by and among the TIM Team Agency Members, collectively referred to as the Parties, and includes the following agencies: • FOOT district Four • Florida's Turnpike Enterprise Florida Highway Petro! County Sheriff Departments • Local Police Departments • County Fire Rescue Departments • Local Fire Rescue Departments • County Traffic Engineering Departments • City and Traffic Engineering Departments • County Departments of Environmental Protection • County Metropolitan Planning Organizations 61- County Medical Examiner Departments FDOT's Motor Carrier Compliance Division. Conceal This Memorandum of Understanding is intended to provide the initial framework and guidelines to promote a collaborative effort by and between the TIM Team Agency Members within Saint Lucie, Indian River, Martin, Palm Beach and Broward Counties, to further refine and promote the TIM program within FDOT District Four. Parties to this Memorandum of Understanding recognize and understand the importance of data and resource-sharing and public safety through efFcient and timely use of TIM. This Memorandum of Understanding does not however obligate the TIM Team Agency Members, or the TIM Team Agency Member representatives to commit or donate funds, equipment or personnel to the association's activities or initiatives. The TIM Team Agency Members do however commit to participating in collaborative efforts intended to advance the interest of the TIM program for the benefit of public safety. Mission Statement Provide efficient, coordinated, and consistent traffic incident management throughout FDOT District Four that will improve the safety and reliability of the transportation network. Vision Statement Develop an Institutionally integrated, fully cooperative association of all public agency and private Industry traffic incident management stakeholders to improve the safety and reliability of the Florida transportation system and maintain Florida's status as a national leader in TIM programs. Statewide TIM Goals and Objectives The District Wide TIM Team Agency Members support the Statewide TIM team Goals and Objectives. They are as follows: Goal 1: Provide safe transportation for residents, visitors, and commerce. TIM Objectives: 1.1. Maximize the coverage and consistency of the TIM program statewide try enhancing and expanding the effectiveness of the Statewide and Regicnal TIM Teams and Road Ranger Program. 1.2. Minimize detection, verification, and response times for incidents by implementing proactive multi-jurisdictional, multi-agency traffic incident management programs. 1.3. Minimize incident clearance times through TIM programs emphasizing improved incident scene management, quick vehicle spill clean-up, incentives for tow and recovery companies, and other innovative practices. 1.4. Minimize incident recovery times by applying technologies to manage traffic and inform travelers. 1.5. Minimize secondary incidents by rapid handling of traffic incidents, improved traffic management and improved motorist information. 1.6. Improve Road Ranger operations by implementing more consistent training, policies, and procedures. _gy_ 1.7. Improve incident and emergency management communications by coordinating interagency communication systems and real-time traveler information systems for incidents, evacuations, major route closings, re-routings, or other restrictions. Goal 2: Provide protection of the public's investment in transportation. TIM Objectives: 2.1. Provide leadership in incident and emergency management statew~e. 2.2. integrate incident and emergency management into operation of the State Highway System, including planning, design, construction, and operations. 2.3. Maximize TIM through performance measure tracking. 2.4. Protect the public safety and private investments through equitable regulation of traffic and incident management service providers. 2.5. Protect responders and their organizations from liability for performing these practices to maximize "open roads." 2.6. Assist in providing safe and efficient maintenance of traffic during project construction by deploying smart work zone monitoring systems and real-time traveler information systems. 2.7. Minimize institutional barriers to successful incident and emergency management. 2.8. Provide for appropriate deployment and operations funding for TIM (including the Road Ranger Program) and emergency management. Goal 3: Provide an interconnected transportation system that enhances Florida's economic competitiveness. TIM Objectives: 3.1. Maximize communications between and among the network of traffic management centers (TMCs), law enforcement joint regional communications centers (JRCCs}, state and county emergency operations centers (EOCs), local traffic control centers (TCCs), transit operations centers (TOCs}, and other appropriate TIM centers. 3.2. Maximize the role of TMCs and Road Rangers in traffic incident management. 3.3. Identify needed changes in State Statutes, agency policies and procedure, guidelines, and practices. Goal 4: Provide travel choices to ensure mobility, sustain the quality of tfie environment, preserve community values and reduce energy consumption. TIM Objectives: 4.1. Improve citizen and tourist mobility and access to safe havens during emergencies, particularly evacuations, through the use of specialized traveler information systems and Road Rangers. 4.2. Reduce energy use and environmental degradation by means of integrated ITS and TIM "systems management'. 4.3. Improve service for special traveler needs in emergencies through the use of ITS applications. 4.4. Reduce energy use and delay associated v~ith major incidents through ITS applications, synergistic management, orderly maintenance of traffic (MOT), and judicious, preplanned route diversion. Ornanizationai Structure This Memorandum of Understanding defines and establishes an organizational structure for the TIM Association wfthin Florida Department of Transportation District Four. -B3- The TlM Team Agency Executive Gommittee will consist of one designee from each Agency, within FDOT District Four. The Executive Committees responsibilities are defined as those of a facilitator. • TIM organizations are localized and identified by their resident County. Joint Task Committees cansist of TIM Team Agency Members from different TIM organizations, within FDOT District Four working together to resolve a common challenge or goal. General Provisions All Parties executing this MOU recognize the following general provisions: 1. This MOU is not a binding contrail, and each of the participants recognizes and acknowledges the individual constraints which may be imposed upon individual TIM Team Agency members, because of such things as local regulations, specific state statutes, bonds, or other contractual covenants, agency policies, etc. 2. Each participating member of the TIM Team has a specific constituency to which it has a primary duty and obligation, as well as, statutory or constitutional obligations generally described in the member's enabling legislation or charter. 3. Notwithstanding the provisions contained herein regarding the sharing of information, such sharing may be limited by individual agency policies or status or may be the subject of contractual non-disclosure, licenses or confidentiality agreements. 4. TIM Team participants will exercise efforts in good faith, but no other TIM Team member is entitled to contradualiy or otherwise rely upon such efforts, nor shall any member be subject to claims or be liable for any damages from another member because of failures or omissions. 5. Coordination in the implementation of TIM Team initiatives does not impose an obligation upon any member to adopt or follow policies, equipment specifications, protocols or criteria in furtherance of a desire for uniformity. 6. Except as may be required by applicable law, no TIM Team Agency Member shall be required to comply with plans where such compliance is inconsistent with or adverse to the practices and procedures of such member. B4 - IN WITNESS WHEREOF, the undersigned parties have executed this Memorandum of Understanding, effective as of the latest date of execution set forth below. ,,gOF FLo.. Name: Print: Title/Rank: Agency Name: Date: Name: Beach Fire Rescue Reviewed by: Print: Jam s A. W~Ife, P_. E\'i7,~±~ Title/Rank: i rict Four Secretary Agency Florida Department of Transportation Name: District IV Date: /i~. u~~ Reviewed by: Agency's General Counsel Office Agency ours O -B5- - Addendum ~~~ to the State of Florida "OPEN ROADS POLICY" An Inter-Agency Agreement Between Delray Beach Fire Rescue And Florida Department of Transportation District IV Quick Clearance for Safety and Mobility This agreement by and between Delray Beach Fire Rescue referred to hereafter as Defray Beach Fire Rescue, and the Florida Department of Transportation (FDOT) establishes a policy for Delray Beach Fire Rescue and FDOT personnel to expedite the remova{ of vehicles, cargo, and debris from roadways on the State Highway System to restore, in an URGENT MANNER the safe and orderly flow of traffic following a motor vehicle crash or incident on Florida's roadways. Whereas: FHP and the FDOT has entered into an agreement establishing an "Open Roads Policy" for incident response on the State Highway System, dated November 1, 2002. Whereas: Public safety is the highest priority and must be maintained especially when injuries or hazardous materials are involved. The quality of life in the State of Florida is heavily dependent upon the free movement of people, vehicles, and commerce. Delray Beach Fire Rescue, FHP, and FDOT share the responsibility for achieving and maintaining the degree of order necessary to make this free movement possible. Agencies have the responsibility to do whatever is reasonable to reduce the risk to responders, secondary crashes, and delays associated with incidents, crashes, roadway maintenance, construction, and enforcement activities. The following operating standards are based on the philosophy that the State Highway System will not be closed or restricted any longer than is absolutely necessary. -C1- Addendum ~'~ to the State of Florida "OPEN ROADS POLICY" Be it resolved: Roadways will be cleared of damaged vehicles, spilled cargo, and debris as soon as it is safe to do so. It is understood that damage to vehicles or cargo may occur as a result of clearing the roadway on an urgent basis. White reasonable attempts to avoid such damage shall be taken, the highest priority is restoring traffic to normal conditions. Incident caused congestion has an enormous cost to society. Delray Beach Flre Rescue Members of Delray Beach Ffre Rescue who respond to the scene of traffic incidents will make clearing the travel portion of the roadway a high priority. When an investigation is required, it will be conducted in as expedient a manner as possible considering the severity of the collision. Non-critical portions of the investigation may be delayed until lighter traffic conditions allow completion of those tasks. Delray Beach Fire Rescue will close only those lanes absolutely necessary to safety conduct the investigation. Delray Beach Fire Rescue will coordinate with FHP, and FDOT representatives to set up appropriate traffic control, establish alternate routes, expedite the safe movement of traffic at the scene, including traffic trapped by the incident, and restore the roadway to normal conditions as soon as possible. Whenever practical, damaged vehicles on access controlled roadways will be removed to off ramps, accident investigation sites, or other safe areas for completion of investigations to reduce the delays associated with motorists slowing to "gawk." Tow trucks will be requested as soon as it is evident that they will be needed to clear the roadway. FHP will assure that all authorized tow operators, responding to calls for service on the State Highway System, have met established competency levels and that the equipment is of appropriate size, capacity, and design to meet all standards of the State of Florida. Delray Beach Fire Rescue and FHP will not unnecessarily cause any delay in reopening all or part of a roadway to allow a company to dispatch its own equipment to off-load cargo or recover a vehicle or load that is impacting traffic during peak traffic hours or creating a hazard to the public. Delray Beach Fire Rescue, FHP, and FDOT wilk cooperate in planning and implementing clearance operations in the most safe and expeditious manner. Florida Department of Transport®ffon's Responsibilitfes When requested by FHP or other emergency agency, FDOT will respond and deploy resources to major traffic incidents 24 hours a day, 7 days per week. Each FDOT District will develop and implement response procedures to meet the -C2- ~:_ Addendum ~'~ to the State of Florida "OPEN ROADS POLICY" goal of providing initial traffic control within 30 minutes of notification during the assigned working hours of each maintenance yard, and 60 minutes after hours. The FDOT, in coordination with other agencies and FHP, will upgrade traffic controls, determine detour routes, and discuss clearance strategies. When requested, FDOT will provide temporary traffic controls to ensure a safe work zone for all responders and the motoring public. The FDOT, in cooperation with the other agencies and FHP, will determine and deploy the necessary heavy equipment and manpower to reopen the roadway if there is a delay in clearing the travel lanes, or if the task is beyond the capabilities of the wrecker service on scene. If cargo or spilled loads [non- hazardous] are involved, FDOT wilt make every effort to assist in the relocation of the materials in 4he shortest possible time, using whatever equipment necessary. All such materials or any vehicles relocated by FDOT will be moved the minimum possible distance to eliminate traffic hazards. FDOT personnel will document all hours and equipment used for traffic control, roadway clearance, and debris clean up. FDOT will place traffic control devices at the scene should any damaged vehicles or cargo remain on the shoulder adjacent to the travel lanes for removal at a later time. The FDOT, Delray Beach Fire Rescue, and FHP will continually work together to ensure that the needs of motorists on state roadways are being met in the mast professional, safe, and efficient manner. Therefore, it is agreed as follows: Delray Beach Fire Rescue, FHP and the FDOT will evaluate and continually update and modify their operating pelicies, procedures, rules, and standards to assure they are consistent with this "OPEN ROADS POLICY" agreement. FHP, together with FDOT, will research, evaluate, and conduct training in the most advanced technologies, equipment, and approved methods for the documentation and investigation of crash or incident scenes. FHP, using these techniques, will prioritize the investigative tasks and reopen travel lanes upon completion of tasks that must be conducted, without the impediment of traffic flowing. Roadways will be cleared as soon as possible. It is the goal of all agencies that all incidents be cleared from the roadway within 90 minutes of the arrival of the first responding officer. This goal being made with the understanding that more complex scenarios may require additional time far complete clearance. -C3- - Addendum `~ to the State of Florida "OPEN ROADS POLICY" /t /s further agreed that: FHP and FDOT will actively solicit and enlist other state, county, and local agencies, political subdivisions, industry groups, and professional associations to endorse and become party to this "OPEN ROADS PHILOSOPHY" for the State of Florida In witness whereof, each party hereto has caused this document to be in its name and on its behalf by it's duly authorized Chief Executive. Name: Name: Print: Print: Title/Rank: TitlelRank Agency Agency Name: Delray Beach Fire Rescue Name: ~~ am s A. Wo e, P.E. pp bpd District Four Secretary Florida Department of Transportation District IV Date: Date: ~ / w, Reviewed by: Reviewed by: ' ~ ~i ~~ ~ -~~ Agency~s G neral o ice ~}SSisi-avt t' ~ ~ti~rvuiy I'~l~a-7 -ca- State of )H7orida "OPEPi ROADS POLICY''' ¢uick Clearsaace far Safety acrd Mobirrty This agreement by and between the F3orida Highway Patrol (1~ amt the Fiarida Department of Transportation (FDC)'I) establishes a policy for FfiP and FDOT personnel to expedite the removal of vehicles, cargo, and debris from roadways on the State Highway System to restore, in an URGISIT IvIANNE1t the safe and orderly flow of traffic following a motor vehicle crash or incident on Florida's roadways. Whereas: Public safety is the highest paiorityand must be maintained especially when injuriesar hazardous materials are involved. The quality of life in the State ofFloridB is heavily dependent upon the free movement of people, vehicles, and commerce. The FHP and FDOT share the responsibility for achieving and maintaining the degree of order necessary to make this free movement possble. Agencies have the responsibility to do whatever is reasonable to reduce the risk in responders, seco~ary clashes, and delays associated with incidents, crashes, roadway maintenance, construction, and enfomcment activities. The following operating standards are based on fire philosophy that the State Highway System will not be closed or restricted any longer than is absolutely necessary. Be it resolved: Roadways wiU be clewed of damaged vehicles, spilled cargo, and flebtis as soon as it is safe to do so. It is understood that damage to vehicles or cargo may Deere as a result of clearing the roadway on an urgent basis. while reasonable attempts to avoid such damage shall be taken, the highest priority is restoring traffic to normal conditions. Incident caused congestion has an enormous cost to society. FlaridaHigkwayPatrolResponsibi!tries _ /~ ' Members of FHP who respond to the scene of traffic incidents will make clearing the travel portion of the roadway a high priority. When an investigation is requited, it wi11 be conducted in as expedient a manner es possible considering the severity of the collision. Non-critical portions of the investigation may be dela}rod until.lighter'traffin conditions allow completion of those tasks. The FIiP will close only those lanes absolutely necessary to safely conduct theinvestigation. The FHP will coordinate with F130T representatives to set up appropriate traffic control, establish alternate routes, expedite the safe movement of u~affic at the scene, sad restore the roadway to normal conditions as soon as possible: Whenever practical, damaged vehicles on access oo~tolled roadways will be removed to off ramps, accident investigation sites, or other safe areas for completion of investigations to reduce the delays associated with motorists stowing to °gawk." Tow trucks wi12 be requested as soon as it is evident that they will be needed to clear the roadway. Ftlp will assure that all sutlrorizcd tow operators have met established competency ]twels and that the equipment is of appropriate size, capacity. and design ao meet all standattis of the State of Florida. The FHp will not urmecessarily cause any delay irr roopening all or peat of a roadway to allow a company to dispatch its own ogrripment to off-load cargo or recover a vehicle or load that is impacting traffic dining peak traffic hours or creating a hazard to the public. The Fi3P and FDOT will cooperate in pla>Bring and implrmentiag clearance operations in the most safe and expeditious mannrr. Florida Depotsetst of TrnwaperPattens ~onsibllities When requested by FHP or other emergency agency, FDOT will respond and deploy resources to major traffic incidents 24 hours a day, 7 days pea week. Each FDOT District will develop and implement respotrse procedures do meet the goat of providing initial traffic control within 30 minutes of notification during the assigned working ]wars of each maintenance yard, and ti0 misatex after ]wars. The FLXTT, in coordination with FHI'; will upgrade traffic controls, detemtine detour routes, and discuss clearance strategies. When requested, FDOT will provide temporary traffic controls to ensure a safe work zame far all responders and the motoring public. The FDOT, in cooperation with the FfiP, will determine and deploy the necessary heavy equipment and manpower to reopen the roadway ifthere is a delay in clearing the travel lanes, ar if the task is beyond the capabilities of the wrecker service on sce®e. If cargo or spilled loads [nonhazardous] are imuaived, FDOT will make every effort to assis4 in the relocation of the maerials in the shortest possible time, using whatever equipment necessary. All such materials or any vehicles relocated by FDOT will be moved the minimum possrble distance to eliminate traffic hazards. FDOT personnel will document all hours and equipment used for traffic control;roadway clearance, and debris clean np. FDUT will place traffic wntrol devices at the scene should any damaged vehicles or cazgo rema;n on ffie shoulder adjacart to tl~ travel lanes for removal at a late time. The FDOT a~ FHP will continually work together to ensure that the needs of motorists on state roadways are being met in the most professional, safe, and efficient manner. Page-2 ThereJor~ it ss agreed as follows: The FJlP and the FDOT will evaluate and continually update and modify their operating policies. procedures, Hiles, and standards to asstae they are coruistent with tlris "OPEN ROAIfS PoLSCY" agreement Flip, together with FDOT, will research, evaluate, and conduct training is the most advanced technologies, equipment, and approved methods for flu documentation and investigation of crash or incident scenes. FHP, using these techniques, will prioritize the investigative tasks amt reopen travel lanes upon completion of tastes that must tx conducted, without the impediment of traffic flowing. i Roadways will be cleared as soda as possible. it is the goat of all agencies lion all incidents be cleared from.ilse roadway within 9Q minutes of We arrival of the first responding officer. This goat being made with the anderstazding that more complex scenarios may require additional time for complett clearance. It is feather agreed that FIiP and FDOT will activelysolicit sad enlist other state, county, ~d local agencies, political subdivisions, industry groups, and professional associations to endorse and become party to this "OPEN ROADS PHILOSOPIHY" for the State of Florida. 1n witness whereof, each party hereto has caused this document to Ge executed in its nazne and on its behalf by its duly authorized Chief Executive B : I. $y, a F. B , Jr. P.E. 1. Chri her- t Directoi Florida ant of Translwrtation Florida Highway Patrol bate: i D~ e102 Date: ~/~~d ~'" Reviewed 13y: +ci~.c Agency's Gen Counsel Office C,~svt~ L.•% ~ Y Ag 's General onset Office Page-3 MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill C. Pyburn, Assistant City Attorney THROUGH: Susan A. Ruby, City Attorney DATE: January 9, 2008 SUBJECT: AGENDA ITEM 8.N -REGULAR COMMISSION MEETING OF JANUARY 15, 2008 ADDENDUM NO. 1 TO CONSULTING AGREEMENT/LANGTON ASSOCIATF,S, INC. ITEM BEFORE COMMISSION Addendum No. 1 to Consulting Agreement between the City of Delray Beach and Langton Associates, Inc. BACKGROUND At the January 3, 2008 meeting, you voted to approve an agreement with Langton Associates, Inc for consulting work related to finding grants. We had an earlier agreement with Langton that expired on October 31, 2006 and we continued to pay Langton for their services from November 1, 2006 through December 31, 2007, therefore, Finance has asked our office to amend the recent Langton Agreement to relate back to November 1, 2006 in order to cover the lapse as the term to the agreement approved last week was not scheduled to begin until January 1, 2008. FUNDING SOURCE N/A RECOMMENDAT_I.ON City Commission discretion. ADDENDUM NO. 1 TO CONSULTING AGREEMENT THIS ADDENDUM NO. 1 to the Consulting Agreement of November 1, 2003, is entered into by and between LANGTON ASSOCIATES, INC., hereinafter referred to as "Langton" and CITY OF DELRAY BEACH, hereinafter referred to as "City" under the following terms and conditions: WITNESSETH: WHEREAS, the City and Langton mutually covenant and agree to amend and modify the Consulting Agreement entered into in January, 2008 in order to provide for relation back of the Consulting Agreement regarding governmental grants. NOW, THEREFORE, in consideration of the mutual covenants, stipulations and agreements herein contained, the parties agree as follows: 1. The recitations referred to above are hereby incorporated herein. 2. Relation Back of Time: Paragraph 1 of the Consulting Agreement dated January, 2008 shall be amended to provide for the relation back of the Consulting Agreement from November 1, 2006 through December 31, 2007. 3. All other terms and conditions of the Consulting Agreement of January, 2008 not in conflict with this Addendum shall remain in full force and effect and are incorporated herein. WHERETO, the parties have set their hands and seal effective this _ day of 2008. ATTEST: LANGTON ASSOCIATES, INC. By: Print Name: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 2008, by corporation. 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 as identification. Signature of Notary Public - State of Florida ATTEST: City Clerk Approved as to Form: City Attorney CITYOF DELRAY BEACH, FLORIDA By: Rita Ellis, Mayor 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director of Community Improvement Elizabeth Alpert, Neighborhood Services Adminsitrator THROUGH: David Harden, City Manager DATE: January 11, 2008 SUBJECT: AGENDA ITEM 8.0 -REGULAR COMMISSION MEETING OF JANUARY 15, 2008 AMENDMENT NO. 1 TO AGREEMENT/ PALM BEACH COUNTY/ DEMOLITION OF CARVER ESTATES ITEM BEFORE COMMISSION Approval to amend the agreement between the City and Palm Beach County for the Disaster Recovery Initiative (DRI) Demolition of Carver Estates project. Amendment 1 is to extend deadline for completion to July 31, 2008. BACKGROUND At the April 17, 2007 meeting, City Commission approved an Agreement between the City and Palm Beach County For the Demolition of Carver Estates project. Under the DRI initiative, the Ciry was granted up to $900,000 in funding to demolish the units on the Carver Estates site. Amendment 1 to this agreement extends the deadline for completion of this project from December 31, 2007 to July 31, 2008. An extension is required by Palm Beach County because the original completion date for this project has elapsed (December 31, 2007). This was due to four unforeseen amendments to the bid which extended the bid process by an additional 60 days. The pre-construction conference for this project took place on January 9, 2008, and the project is slated to begin pending Palm Beach County's approval of the contractor's asbestos abatement process. The contractor's timeline for completion is 150 days from the start date. The buildings will be demolished upfront; however, it is the crushing of concrete and debris removal that is expected to extend the project 150 days. FU_N_ DING. SOURCE Disaster Recovery Initiative RECOMMENDAT_ION Staff recommends approval of Amendment 1 to the Agreement between the City and Palm Beach County for the Demolition of Carver Estates project in order to extend the deadline for completion to July 31, 2008. AMENDMENT 001 TO THE AGREEMENT WITH CITY OF DELRAY BEACH Amendment 001 entered into this _ day of , 20_, by and between Palm Beach County and the City of Delray Beach. WITNESSETH: WHEREAS, Palm Beach County entered into an Agreement (R2007-1117) with the City of Delray Beach, on April26, 2007, to provide 5900,000 of Community Development Block Grant funds to demolish buildings at a public housing development known as Carver Estates in the City of Delray Beach. WHEREAS, the parties wish to modifythe Agreement to extend the project completion date, and W HEREAS, both parties mutually agree that the original Agreement entered into on April 26, 2007, is hereby amended as follows: A. Part III - Seefion 1 -Maximum Comoensatlon: Substitute "July 31, 2008" for "December 31, 2007". B. Part III -Section 2 -Time of Performance: Substitute "July 31, 2008" for "December 31, 2007"., C. Exhibit A -Section I.H -Work Schedule: Delete the contents of this Section and replace them with the following: "The time frame for completion of the outlined activities shall be July 31, 2008". NOW THEREFORE, all items in the previous Agreement in conflict with this Amendment shall be and are hereby changed to conform to this Amendment. All provisions not in conflict with this aforementioned Amendment are still in effect and shall be performed at the same level as specified in the Agreement. (MUNICIPALITY SEAL) (COUNTY SEAL) ATTEST; Sheron R. Bock, Clerk 8 Comptroller CITY OF DELRAY BEACH By: Rita Ellis, Mayor By: Chevelle D. Nubin, City Clerk PALM BEACH COUNTY, FLORIDA, a Political Subdivision of the State of Florida BOARD OF COUNTY COMMISSIONERS Addie L. Greene, Chairperson Board of County Commissioners By: Deputy Clerk Approved as to Form and Legal Sufficiency By: Tammy K. Fields Senior Assistant County Attorney Document No.: Approved as to Terms and Conditions Dept. of Housing and Community Development Amin Houry, Manager Housing and Capital Improvements S:ICapImpM2005DIISasterRecpverylnltie0velDelreyeeach CarverESralesNgmWnentli.wptl MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Community Improvement Director Elizabeth Alpert, Neighborhood Services Administrator THROUGH: David Harden, City Manager DATE: January 11, 2008 SUBJECT: AGENDA ITEM S.P -REGULAR COMMISSION MEETING OF JANUARY 15, 2008 AMENDMENT NO. 1 TO AGREEMENT/ PALM BEACH COUNTY/HURRICANE PROTECTION OF THE NRC ITEM BEFORE COMMISSION Approval to amend the agreement between the City and Palm Beach County for the Disaster Recovery Initiative (DRI) Neighborhood Resource Center (NRC) hurricane hardening project. Amendment 1 is to extend deadline for completion to March 15, 2008. BACKGROUND At the June 4, 2007 meeting, City Commission approved an Agreement between the City and Palm BeachCounty so that the City may move forward in its implementation of the NRC shutter project through the Disaster Recovery Initiative (DRI) Program. Under this initiative the City was granted $10,500 in funding to provide hurricane protection (accordion shutters for window openings) for the City's Neighborhood Resource Center (NRC) located at 141 SW 12th Avenue. Amendment 1 to this agreement extends the deadline for completion of this project from November I5, 2007 to March I5, 2008. An extension is required by Palm Beach County because the original completion date for this project has elapsed (November 15, 2007). This was due to licensure issues associated with the winning bidder. Issues have been resolved and the pre-construction conference for this project was held on January 9, 2008. A notice to proceed has been issued and the contractor is expected to begin work next week. FUNDING_SOURCE Disaster Recovery Initiative RECOMMENDATION Staff recommends approval of Amendment 1 to the Agreement between the City and Palm Beach County for NRC shutters in order to extend the deadline for completion to March 15, 2008. AMENDMENT 001 TO THE AGREEMENT WITH CITY OF DELRAY BEACH Amendment 001 entered into this _ day of , 20_, by and between Palm Beach County and the City of Delray Beach. WITNESSETH: WHEREAS, Palm Beach County entered into anggreement (R2007-1325) with the City of Delray Beach, on June 15, 2007, to provide $10;500 of Community Development Block Grant funds for the installation of hurricane protection for the windows of the Neighborhood Resource Center in the City of Delray Beach. WHEREAS, the parties wish to modify the Agreement to extend the project completion date, and W HEREAS, both parties mutually agree that the original Agreement entered into on June 15, 2007, is hereby amended as follows: A. Part III • Section 1 • Maximum Compensation: Substitute "March 15, 2006" for "November 15, 2007". B Part III -Section 2 • Time of Performance: Substitute "March 15, 2008" for "November 15, 2007". C. Exhibit A -Section I.H -Work Schedule: Delete the contents of this Section and replace them with the following: "The time frame for completion of the outlined activities shall be March 15, 2008". NOW THEREFORE, all items in the previous Agreement in conflict with this Amendment shall be and are hereby changed to conform to this Amendment. All provisions not in conflict with this aforementioned Amendment are still in effect and shall be performed atthe same level as specif ed in the Agreement. (MUNICIPALITY SEAL) (COUNTY SEAL) ATTEST: Sharon R. Bock, Clerk & Comptroller CITY OF DELRAY BEACH Rita Ellls, Mayor By: Chevelle D. Nubin, City Clerk PALM BEACH COUNTY, FLORIDA, a Political Subdivision of the State of Florida BOARD OF COUNTY COMMISSIONERS By: Addis L.Greene, Chairperson Board-of County Commissioners Deputy Clerk Approved as to Fortn and Legal Sufficiency ey: Tammy K. Fields Senior Assistant County Attorney Document Approved as to Terms and Conditions Dept. of Housing and Community Development By: Amin Houry, Manager Housing and Capitallmprovements S 9CapImpM2005DisasterRecovarylnitiatlve~DalrayBeach-NaighborhpadRespurcaCentertAgmtAmerW 1.xyd MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: January 8, 2008 SUBJECT: AGENDA ITEM 8.Q -REGULAR COMMISSION MEETING OF JANUARY 15, 2008 SPECIAL EVENT REQUEST/ SAINT PATRICK'S DAY PARADE ITEM BEFORE COMMISSION City Commission is asked to approve a request to conduct the 40th Annual Saint Patrick's Day Parade proposed to be held on Saturday, March 15, 2008 beginning with set up at 11:00 a.m., parade starting at 1:00 p.m. and ending at approximately 2:30 p.m., and to grant a temporary use permit per LDR's Section 2.4.6(F) for the use of Atlantic Avenue from Venetian Drive to NW 1St Avenue for the parade and Venetian Drive and Gleason Street for staging of parade entries and the Old School Square surface parking lot from 11:00 a.m. to 7:30 p.m. Commission is also being requested to approve staff support for traffic control and security, EMS assistance, barricading, trash removal, assistance in obtaining the FDOT permit and to allow event signage to be put up 10 days prior to the event. BACKGROUND Attached are a special event application, site plan and budget received from Nancy Stewart on behalf of the St. Patrick's Day Events, Inc. Commission is requested to approve the parade and provide staff support as described above. The parade will start at 1:00 p.m. and end approximately 2:30 p.m. Venetian Drive and Gleason Street will be utilized to stage the parade entries and we would close these streets by 11:00 a.m. This year the event producer is also requesting the use of the Old School Square surface lot, which will be fenced and gated and will have food and beverage vendors as well as entertainment at this location. Estimated overtime costs for the event are $7,840, the barricade rental costs are $265 and trash boxes are $140, for a total of $8,245. Per event policies and procedures the event sponsor will be required to pay approximately $4,851. The parade will end on NW 1St Avenue just as the Holiday Parade does. RECOMMENDATION Staff recommends approval of the event request, the temporary use permit and providing staff support as requested with the following conditions: 1. The event sponsors provide the City with the required Liability Insurance and Hold Harmless Agreement by March 5th 2. Event signage not to be put up any earlier than March 7, 2008. City of Delray Beach ~~~~w~~ Special Event Permit Application DEC 1 j 2A01~ ADAM1INISTRATIVE PLEASE TYPE OR PRINT SERVICES Event Namell'itl/e~/~ ~,/S~~ ! ~it--~~n~{~`/ iJ NII t ~~/p"n/L~ ~ l~/'~J/]/j Event Date(s): /' ~/Ilc-c-c7 ~ ~r o`~b Times: ~ r ~/'~ ~ ~ 1 J~ ~/ "' Event Sponsor/Producer: J ~ ! ~2~ ~ ~ ,~ N/f"~ LPL/(1i~~ ! Tilt Even[ Contact/Coordinator: ~J~iU ~~rl Name: NAA/L`( ~TeWi1~j~ .~~____. .',02 i7.? r~vrlr. !A/ad.~! fL S.v if T~ Brief History of Event (If ~plicable) ~N~ -S_ ~/u ~~~ Planned Activities (Outline of activities/n ber of activities, ++.e. entertainment, children's rides, ames, other programs): ~ P9~111,x' r~. l ,G E~ ~C1~ ~3f/i,.eL ~~~i1tt;~~-Cu_CLu~.tc CtiG~S 6/ (! Si C i " S Number of Individuals Served Previous Yeaz (if applicable): Describe the tazgeted population Telephone Number: !•~_O`!~_CellularNumber: F,-mail Address: IUFM'~~t [~ f}L~-rNUVC(Pr,'.¢fif/ls. fOM __ ~ a L'escrbe hot\- th= 1>rogratn or project addresses connuniiu needs: ~ (~~%~G`/~~~~'Ci :'~/ ~ L iii !~ L~ ~ LZ ( GG~G- /r'i'/;t') ~~'l~, ~ d~;~ , r~=iC ai,';-7:./ /- Cu Describe your Marketing/Promotions Prob am (How will you market/promote, i. e. ~ J radio, posters flyers, web sites, other): _ ~ / /J _ /U(~S~,~tRS ~1~~ Sponsor Category (please check) City ^ Non-ProfiUCharitable q~Private ^ Co-Sponsor -Non-Profit/1'rivate o (IflZaPl fir.°a~8 nddrecla pr®o¢'af SOIc(3), c(4), c(6), C'(ZO), or c(~°J on (rZf Event LocaLOn (Describe area boundaries of event/location)~~zfr/i1~ v ,- Site plan attached: yes no (.~i¢e plran_ reguered for eaatere werar sdt~ Include locations of tents, stage; portalets, drunpsters, portable lighring, 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 auihorizalion from property owner) Event budget attached: yes_ `,~-_ no_____ (ReOcaired f®r ald eveaats) Previous year Revenue!Expense sunmary attached: yes no_ (Required for all events) y' Do.you have cash sponsors for the event: yes ~\ no (Indicated on budget) Do you have inldnd sponsors for the event: yes ~ no (Indicated on budget) ~_ !~-?c Ct\Documcros and Settings\Lisi\Deslaop\Special Event Permit Application FINAL 9.6.07.doc Serving or selling alcoholic beverages: yes ~ no (Ifyes, copy of license and alcohol ttability inswnnce requbed two (2) weeks prior to event) ~c Event certificate of inswance attached: yes °~ no (Required two (2) weeks prior to event naming tke City as additlonal tnsure~ a/so required for vendors) Playing of amplified music: yes '\ no (Waiver required) Will there be entertainment: yes ' \ no (Ifyes, attached list of Performers andlor DJ's) Ifyes, sponsor agrees all entertainment will be f~iy oriented and contain no obscenities: yes__ no Requesting Police assistance: yes ~~ no (traffic control/security) Will supplement with private security: yes /~ ^o (Ifyes, need pion attached) Requesting Emergency Medical assistance: yes x no Requesting barricade assistance: yes ~ no (If no, how are you handling?) Requesting trash removal/clean up assistance: yes x no (Will be billed to sponsor) k Requesting trash boxeslcontainers and liners: yes / ~ no Requesting stage use: yes no~ (Ifyes, check type) Large stage (14' a 36') ^ Small stage (16' a 21') ^ Half small stage (8' a 21') ^ Requesting signage: Y~~ nO Type: 4'x4'Event sign~_ Parking Signs Banner hanging Indicate dates required (Waiver required ifmore than one (I) week prior to event) } Requesting City Portable Generator yes_ no ,\ (Ifyes, size & power) Food and beverage vendors: ~ yes x no Ifyes, approximate number (Health Department approval required) yes no C'.~Documrnm and SUtinge'~Lni~DaMnp~spai+I F.van[ Permit Applic+liw FINAL 9 6,07.doc Other vendors: {Indicate type) s Tents: yes ~ n~ no^J' Ijyes, Mow many ~ What sire or siu required Ur~'X W (Ijyes, tent permits andfire Inspections may be needed) ;~O n 10 Will the event include amusement rides: yes no~_ (Ijyes, type and locotfon and copy of liability Insurance required, also requires state license and Inspedlon.) Will the event be gated: yes~_ no (Show oa-site map) Will there be a charge for the event: yes no (Ifyes, indicate ticket prices) ~'( Will there be fireworks or other pyrotechnics: yes no t \ (Ifyes, contad Fire Man. hat to obtain and complete permit application) Wi11 there be cooking with compressed gas: yes no (Ifyes, cantad Fbe Marshal for tnspedions) Y Will you be providing port-a-lets for the event: yes ' \ no (Ijyes, locate on-site map. If no, indicate how you will handle restraom n~/eeds) Is reserved pazking requested: yes no /~ (Ifyes, indicate locations and purpose for use) Event Permit A ents: RevenuelExpense Budget // A- evenueJExpense Recap Last Years Event $ite Plan Letter Requesting Noise Ordinance Waiver Letter Requesting Waiver Consumption Alcohol Beverages Proof ofNon-Profit Status General Liability Insurance Certificate Alcohol Beverage Liability 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:'Sbcumenb and SettingaVLiai`dkaktoP~Specid Event Pe,mit AppFutian FlNAL 9.6.09.doc ~~/a ~ Event Contractor/Coordinator _ Date Please print: d/~t/LY CT[.~M~/ Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.W. 1°` Avenue, Delray Beach, Florida 33444. Required ~~~th permit application. For SlajJ' Use Only .f / Date Received ~ / ~d Application fee received $ ~~ C:~DocumoMa and Sc°lingsWisi~r)eaNOp~Special F.vcnt Pamil Applica4an FINAL 9.6.07.dac St. Patrick's Dav Parade & Psrty 2608 Income -Parade Fee -Sponsorship -Alcohol Sales -Food Total 53,000 S5,000 512,000 55,000 525,0011 Expenses -Permit Fees -Advertising/Priuting -City Costs -Insurance -Rental EquiQment -Entertainment -Otl;ce SuQplies -Postage -Privste Security -Miscellaneous -Food/Beverage -Charitable Donations Total S 200 SI,000 S9,000 52,000 52,500 $1,000 $ 306 S 100 51,000 $ 200 52,300 55,000 525,000 i .._.__. 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PATRICK'S DAY EVENTS, INC 118 N.E. 16TM STREET DELRAY BEACH, FLORIDA 33444 TEL 8, FAX: $61-243-0069 December 17, 2007 Mr. Bob Barcigski Assistant City Manager City if Delre~y Beach 100 N.W. 1 Avenue Delray Beach, Florida 33444 Ric AFC ~'~~ qo 1B O Fq`so~s 100j Re: St. PatricKs Day Events, InG Delray Beach St. Patrick's Day Parade Dear Mr. Barcnski: Please allow this letter to serve as written notficatian that both t and the Board of Directors for St. Patrick's Day Events, Inc. are resigning and appointing in our place, Nancy Stewart and Bem Ryan as the new Board members and we are authorizing them to take control of the business of the corporation effective immediately. The appropriate paperwork has been filed with the Florida Department of State - Division of Corporations and the IRS regarding this matter. Please contact me should you need any further information. Kindest regards, ~~~ Edward Gallagher MEMORANDUM TO: Mayor and City Commissioners R. Brian Shutt, Assistant City Attorney City Attorney DATE: January 9, 2008 AGENDA ITEM 8.R -REGULAR COMMISSION MEETING.OF JANUARY 15, 2008 CANCELLATION OF INTERLOCAL AGREEMENTS/LA FRANCE HOTEL AND 133 NW 5TH AVENUE PI20PERTIES ITEM BEFORE COMMISSION Cancel ation of Interlocal Agreements with the CRA for purchase and sale of the La France Hote] and 133 N 5th Avenue properties. The C~y approved the Interlocal Agreements for purchase and sale of the properties described above on Septe ber 18, 2007. Subsequent to this approval the CRA decided that it would maintain ownership of the pro erties. At its November 8, 2007 meeting the CRA board cancelled the contracts with the City. RECOMMENDATION Staff r commends cancellation of the Interlocal Agreements for Purchase and Sale with the CRA for the La Fra ce Hotel and 133 NW 5th Avenue properties. MEMORANDUM TO: Mayor and City Commissioners FROM: Scott Aronson, Parking Management Specialist Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: January 11, 2008 SUBJECT: AGENDA ITEM 8.5. -REGULAR COMMISSION MEETING OF JANUARY I5, 2008 ACCURATE PARKING CONTRACT RENEWAL ITEM BEFORE COMMISSION Approve the renewal of a contract with Accurate Parking ,Inc. for the staffing of the Old School Square, Federspiel and South County Courthouse Garages on weekend evenings (Thursdays, Fridays and Saturdays) and special events. BACKGROUND In February, 2005, the City entered into an agreement with Accurate Parking, Inc., (then doing business as Parking Pros) for the staffing of the South County Courthouse parking garage on Thursday, Friday and Saturday evenings to accommodate overflow parking in the downtown area. The garage was available to the general public after 5:00 PM pursuant to an agreement with Palm Beach County. Subsequent to the Federspiel Garage opening on June 28, 2007, the City no longer utilizes the County Garage except for special events. Accurate Parking, Inc. now staffs the Federspiel and Old School Square Parking Garages on Thursday, Friday and Saturday Evenings between the hours of 5:00 PM and 3:00 AM. The 3:00 AM closing time was established to accommodate employees and customers of restaurants and bars in the downtown area which may not retrieve their cars until after the 2:00 AM posted closing time. The operational procedures require the facility to be opened no later 3:00 AM. When attended, the garage may be closed as early as 11:00 PM if all vehicles have exited. In addition to regular weekend staffing Accurate Parking mans the facilities for select special events. The original agreement was contracted at an hourly rate of $16.50 per hour ($24.75 / hr. holiday rate). Accurate Parking, pursuant to the attached letter, is requesting an increase to $17.50 per hour ($26.25 / hr. holiday rate). The request includes a supervisor rate of $20.00 per hour ($30.00 / hr. holiday rate). The previous contract did not have a provision for supervisors. It is not anticipated that supervisors will be used very often with the exception of larger events at the tennis center. FUNDING SOURCE This contract is funded through account # 001.3151.545.34-90 RECOMMENDATION Staff feels that the requested increase is reasonable and recommends renewal of the agreement with Accurate Parking ,Inc. in accordance with the terms and conditions as outlined in the attached proposed agreement and at the hourly rate of $17.50 per hour ($26.25 / hr. holiday rate) for attendants and $20.00 per hour ($30.00 / hr. holiday) for supervisors. ACCURATE PARKING, INC. 2419 HOLLYWOOD BOULEVARD - SUITE C HOLLYWOOD, FL 33020-6605 VOICE: 800.582.3990 FAX: 954.927.4156 January 4, 2008 Scott Aronson City of Delray Beach 434 S. Swinton Ave. Delray Beach, FL 33444 Ph. 561-243-7196 Fax 561-243-7060 aronsonCa~ci. delray-beach.fl. us Dear Mr. Aronson: The current parking agreement is due to expire on February 6, 2008. We will be raising our rate, which we have held for three years, to $17.50 per hour for regular staff members and $20.00 per hour for supervisors. The rate increase will take effect on February 7, 2008 and be stable for one year. The same conditions that applied to our previous agreement will apply to the new price structure, meaning the cost for holidays. We look forward to continuing to be of service to you. Sincerely, ~Q, ~~C~ Deanna Kramer President -Accurate Parking "SERVING THE EVENT AND SPORTING COMPETITION INDUSTRIES SINCE 1978" PARKING GARAGE AGREEMENT THIS AGREEMENT is made this _ day of , 2008 by and between the CITY OF DELRAY BEACH, FLORIDA ("City") and ACCURATE PARKING INC. ("Contractor"). WITNESSETH: WHEREAS, the City is the owner of the Old School Square and Federspiel Parking Garages (City Garages); and WHEREAS, Palm Beach County has granted the City a license by separate agreement to use the South County Courthouse Parking Garage (County Garage) for special event parking; and WHEREAS, the City seeks to have an independent entity staff the City Garages and County Garage on certain days of the week and for certain special events in accordance with the terms and conditions of this Agreement; and WHEREAS, Contractor agrees to provide employees to the City for the purposes of operating the parking garages as more specifically stated herein. NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00), the mutual covenants and conditions contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Incorporation of recitals. The parties hereby represent and warrant that the above recitals are accurate and correct and hereby incorporate them as if fully set forth in this Agreement. 2. Term. The term of this Agreement shall be for a period of one (1) year beginning February 7, 2008 through February 6, 2009. This Agreement may be renewed for 2 one year periods, upon consent of the City Manager. 3. Contractor's Responsibilities. a. Contractor shall provide employees to perform all of Contractor's responsibilities and duties as provided in this Agreement. These responsibilities include but are not limited to: 1. Man the entrance to the parking garages during all hours of operation as determined by the City Manager or his/her designee. 2. Post the appropriate signs and secure the facility in Contractor's/Employee's absence during hours of operation. 3. Keep a daily and hourly count of vehicles and forward the count to the City. 4. Contact the City's Parking Management Specialist, on Sundays between 12:00 Noon and 3:00 p.m. in order to arrange for the removal of any vehicles remaining in the County Garage. 5. County Garage -obtain keys and a County radio from the Courthouse Security Desk and sign log when keys are picked up and dropped off when staffing garage for special events and open and close as per county requirements. 6. County Garage -open all stairwell access doors, ground level doors adjacent to handicapped spaces and exterior white gate to allow access as may be required for special event parking. 2 7. Close all garages by securing all doors nightly at 3:00 a.m. or when the last car exits. In no case should garages close before 11:00 p.m. nor remain open after 3:00 a.m. b. Contractor's employees shall wear a photo ID badge including employee's name and company identification and wear a uniform or shirt identifying company. Contractor's employees shall also be fingerprinted and have passed a criminal record check with the Florida Department of Law. If manning the County Garage, Contractor's employees will be fingerprinted and a background check performed by Palm Beach County in accordance with the County's Criminal History Records Check Ordinance will be performed. c. Contractor agrees to remit all parking fees collected from special events within 10 business days from the date of the event. All vehicles will be charged when so designated unless exempted by special permit issued by the City Manager or his/her designee. No withholding of any expenses is permitted. Payment is to be made by check payable to the City of Delray Beach and forwarded to the attention of the Parking Management Specialist at 434 S. Swinton Avenue, Delray Beach, Florida, 33444. 4. Use of Facilities. The parking facilities shall be available for use by the public at all times and at no charge unless otherwise designated by the City. Contractor shall not reserve or otherwise utilize any spaces for reasons other than use by the public without prior written consent from the City Manager or his/her designee and so 3 long as those reasons are consistent with the terms of the license agreement from Palm Beach County regarding the County Garage. 5. Improvements. Contractor shall not construct or place any temporary signage or traffic control devices on the subject property without the prior written consent of the City. Improvements to the property are prohibited. 6. Citv's Responsibilities. a. The City shall pay Contractor for each hour that Contractor's employee(s) is present on the premises during the hours of operation as determined by the City Manager or his/her designee. Attendants shall be paid at a rate of $17.50 per hour. Supervisory personnel are to be paid at a rate of $20.00 per hour. b. City agrees to pay Contractor "Holiday Pay' for the following mutually agreeable holidays: 1. Presidents' Day. 2. Independence Day. 3. Veteran's Day. 4. Thanksgiving. 5. Christmas Eve. 6. Christmas Day. 7. New Year's Eve. 8. New Year's Day. Holiday pay shall be paid by the City to Contractor at the rate of time and a half. 4 c. The City agrees to remit payment to Contractor within thirty (30) days of the City's receipt of invoice by Contractor. d. The City shall remit payment to: Accurate Parking Inc., 2419 Hollywood Blvd., Suite C, Hollywood, Florida 33022. 7. Termination of Agreement. Either party may terminate this Agreement, with or without cause, upon thirty (30) days written notice to the other party. 8. Indemnification. The Contractor shall indemnify and hold harmless the City and Palm Beach County for use of the County Garage for events, its officers, agents and employees from all suits, actions, claims and liability arising out of the Contractor's acts and omissions arising from the Contractor's activities upon the subject properties. Nothing contained herein shall be deemed a waiver of the City's or County's sovereign immunities. 9. Insurance. Contractor shall, during the term of this Agreement, keep in full force and effect General Liability Insurance, Workers Compensation Insurance, Garage Keepers Legal Liability Insurance and Automobile Liability Insurance in the amounts provided in Exhibit "A" to this Agreement. Contractor shall name the City of Delray Beach and Palm Beach County for event parking as additional insureds on the policy. 10. Non-Discrimination. Contractor shall assure and certify that it will comply with the Title IV of the Civil Rights Act of 1964, as amended, and Palm Beach County Resolution No. R92-13, and shall not discriminate against any individual on the 5 basis of their race, color, national origin, ancestry, sex, age, marital status, sexual orientation or disability with respect to any activity occurring on the premises. 11. Independent Contractor. This Agreement does not create an employer/employee relationship between the parties or between the City or Palm Beach County and the person employed by Contractor to perform the services required by this Agreement. Contractor or its employees are not entitled to any benefits paid to City or Palm Beach County employees. It is the intent of the parties that under this Agreement, that the Contractor and its employees and/or agents are not to be considered employees of the City or Palm Beach County for any and all purposes, including, but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance Law. The Contractor is required to comply with all the above laws and provide such entitlements to its employees/agents 9s required by law. Contractor shall be responsible for all taxes of any kind. An IRS W-2 form will not be provided. The City will provide an IRS Form 1099 required by law. Contractor and its employees understand that no Federal Income Tax will be withheld by the City. 12. Bonding. Contractor's employees and/or agents shall be bonded in the amount of One Hundred Thousand Dollars ($100,000). A certificate evidencing proof of bonding must be provided to the City by Contractor at time of execution of this Agreement. 6 13. Drua Free Workplace. The Contractor agrees to comply with Florida Statute Section 287.087 which gives preference to businesses with drug-free workplace programs. 14. Entire Agreement. This Agreement shall constitute the entire Agreement of the parties with respect to the subject matter of it. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 15. Assignment or Transfer. This Agreement may not be assigned or transferred by the Contractor, in whole or part without the written consent of the City. 16. Applicable Law. This Agreement shall be governed by and construed in accordance with the law of the State of Florida and venue shall be in Palm Beach County. 17. Notices. All notices shall be effective when mailed to the following addresses: Contractor Address: Gary Kramer, President Accurate Parking Inc. 2419 Hollywood Blvd., Suite C Hollywood, Florida 33020 City Address: David T. Harden, City Manager City of Delray Beach 100 N.W. 15~ Avenue Delray Beach, FL 33444 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on their behalf this _ day of , 2008. ATTEST: CITY OF DELRAY BEACH, FLORIDA 7 City Clerk Approved as to Form: City Attorney WITNESSES: Print Name: Print Name: STATE OF FLORIDA COUNTY OF PALM BEACH By: Rita Ellis, Mayor ACCURATE PARKING INC. By: Gary Kramer, President The foregoing instrument was acknowledged before me this day of 2008, by (name of officer or agent, title of officer or agent) of acknowledging), a behalf of the corporation take an oath. (name of corporation (state or place of incorporation) corporation, on He/She is personally known to me or has produced (type of identification) as identification and did (did not) Signature of Notary Public - of Florida 8 EXHIBIT A INSURANCE REQUIREMENTS FORM 1. Workers' Compensation per the Statutory limits of the State of Florida to include Employer's Liability Insurance with limits of at least $100,000/$500,000/$100,000. 2. Garage Liability Insurance of at least $1,000,000 combined single limits per occurrence [o protect the City against all risks of injury to persons (including death) or damage to property wherever located resulting from any action or operation under the contract or in connection with [he work. This policy is to provide coverage for premises/operations including auto liability, independent contractors, broad form contractual liability, products/completed operations. 3. Garage Keepers Insurance with limits of no less than $60,000 per auto, with an annual aggegate of $500,000. 4. Automobile Liability of at least $300,000 combined single limits per occurrence for owned/non-owned hired automobiles connected with the business. 5. The City of Defray Beach and PRIVATE LOT OWNERS must be named as additional insured on the liability policies; and it must be stated on the certificate. 6. Thirty (30) days written cancellation notice required. 7. Best's guide rating B+, VIII or better, latest edition - MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: January ] 1, 2008 SUBJECT: AGENDA ITEM S.T. -REGULAR COMMISSION MEETING OF JANUARY I5, 2008 REPORT OF APPEALABLE LAND USE ITEMS JANUARY 2, 2008 THRU JANUARY 11, 2005 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 January 2, 2008 through January 11, 2008. 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. REVI_E_W BY OTHERS Site Plan Review and Appearance Board- Meeting of Janua__ry 10, 2008 A. Approved (4 to 0, Andrew Youngross, Johnny Kincaide and Shane Ames absent), an extension request (expiring July 25, 2009) for Atlantica, a proposed mixed-use building consisting of eight townhouses and amixed-use building that contained three loft dwe]ling units and 2,642 sq. ft of office floor area, located on the east side of North Federal Highway, north of George Bush Boulevard. B. Approved (4 to 0), a request for an architectural elevation change and color change associated with replacing storefront awnings for The Blue Fish, located at 110 East Atlantic Avenue. C. Approved (4 to 0), the architectural elevation plan for Alta Congress, a proposed multiple family development containing 45l units, located on the west side of Congress Avenue, south of West Atlantic Avenue. The site plan and landscape plans were previously approved by the Board. D. Approved (4 to 0), a Class I site plan modification associated with fa9ade changes for Vertical 114 Wine Bar and Bistro, located at 432 East Atlantic Avenue. E. Tabled (4 to 0), a Class II site plan modification associated with architectural elevation changes which include the installation of awnings and brick pavers along the Atlantic Avenue frontage and landscaping changes for Cabana El Ray, located at 105 East Atlantic Avenue. The Board requested that the applicant address the concerns raised by staff including the elimination of existing landscape materials. F. Approved with conditions (4 to 0), a Class IV site plan modification, landscape plan and architectural elevation plan associated with the renovation of the existing baseball complex at Miller Park, located on the east side of SW 4th Avenue, south of Linton Boulevard. Historic Preservation Board -Meeting of January 9, 2008 1. Approved (6 to 0, Toni Del-Fiandra absent), a Class I site plan modification and a Certificate of Appropriateness associated with the installation of aluminum frame windows and alterations for the "Hartman House" an individually designated structure located at 302 NE 7th Avenue. RECOMMENDATION By motion, receive and file this report. Attachment: Location Map N SPRAB HPB A. ATLANTICA 1. 302 NE 7TH AVENUE "HARTMAN HOUSE" 8. THE BLUE FISH C. ALTA CONGRESS D. VERTICAL 114 WINE BAR AND BISTRO E. CABANA EL RAY F. MILLER PARK MAP REF: 5:\Planninq kZoning\DBMS\File-Cob\CC-DDC\1-15-DB CIttLIMITS ~ ~"~ ~~ ~ ONE MILE ~ GRAPHIC SCALE CITYOF DEIRAY BEACH, FL PLANNING 8 ZONING DEPARTMENT JANUARVTOOB DIGITAL BASE MAPSYSTEM~~ MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi, Deputy Director of Public Utilities Richard C. Hasko P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: January I1, 2008 SUBJECT: AGENDA ITEM 8.U.1 -REGULAR COMMISSION MEETING OF JANUARY 15, 2008 CONTRACT AWARD/CHAZ EQUIPMENT COMPANY, INC./EMERGENCY SANITARY SEWER REPAIR ITEM BEFORE COMMISSION Approve a contract award to Chaz Equipment Company, Inc. in the amount of $47,950.00 for the emergency repair of a collapsed sanitary sewer main along AlA, south of Lewis Cove. Pricing is in accordance with an annual contract for "Repairs and Emergency Services for Water Distribution, Wastewater Collection, and Storm Water Utility Systems" through the City of Boynton Beach. BACKGROUND On the first week of January 2008, Water/Sewer Network crews discovered a sink hole along State Road A 1 A, just south of Lewis Cove. Upon inspection and an attempt to video tape the line segment, it was evident there was a break in the sewer main. The sewer main is 8" in diameter and is approximately 10 feet in depth. Becaus of the extreme depth of the line, the excavation activity will require dewatering which is beyond the capabilities of in house utility maintenance resources. We have a price from Chaz Equipment Co., Inc. to perform the work on an emergency basis. Pricing is in accordance with an existing City of Boynton Beach annual contract for "Repairs and Emergency Services for Water Distribution, Wastewater Collection, and Storm Water Utility Systems". Their contract is active through September 2009. FUNDING SOURCE Funding is available from account #442-5178-536-63.51, Water and Sewer Renewal & Replacement Fund/Sewer Mains in the total amount of $47,950.00. RECOMMENDATION Staff recommends award to Chaz Equipment Company, Inc. in the amount of $47,950.00 for the emergency repair of the sanitary sewer along Al A at Lewis Cove. II~UU~ of 0 3 I r r a w Q 3 f o J Q r HIBISC 5 R( OAD f i I _i~ ~ ~ ~~~~ I _ I I ~PDINSETTIA RD. - - i Q -_ Q I _ ~.. O I. LEN1S COVE z I _ I --.-- ~ I LN. I ~_ _I o LOCATION -R. ~~ OF REPAIR cn - o ' a w ' ',... _..... ~ RHODES -VILLA AVE. ~ c o ~ U Q S --. Q -~._.. ~ n ~ (n ... ~ ~ I o ~ m ~ DEL HAVEN DR. ~ Z rn - o ~ I B O U L E V A R D Qi LI N TON 0 U L CITY of DELRAY BEACH REPAIR °"~.o,ioaizooa ENVIRONMENTAL SERVICES DEPARTMENT LOCATION MAP a3a eoum evmroN AVBIUE oe.Rnr BEAai RORDA 2WA4 zoos-zoo Jan. 4. 2008 12:21PM Chat Equipment No. 1699 P. 1 3180 Fairlane Farms Road, Suite 1 ~~~ ~ Wellington, Florida 33414 Tel: (561)333-2109 Fax: (561) 333-2180 Engineering Contractor ~~ : ~`~' January 4, 2008 Mr. Scott Solomon City of Delray Beach WaterNVastev/aterSnpt 434 South Slnrinton Ave Delray Beach, FL 33444 Re: Delray Beach Lewis Cove/ A1A Emergency 8° Gravity Sewer Repair Dear Mr. Solomon: Per your request we an: please to submit a proposal for the above referenced repair. The Price includes the excavation of the S" main and repairing the damaged pipe as discussed with Gary Czajkowski in the field. The prFce includes mobilization, maintenance of traffic, bike path pavement removal, excavation, dewatenng, bypass pumping, replacement of broken main or service pipe , backfilUcompact and restoration of sarface conddions to like Or better condition. Pricing is per attached Schedule A per the Ci[y of Boynton Beach Annual Contract unit pricing. Total Proposal Amount Should you hive any further questions please d0 not hesitate to call. Sincerely, Ho~irard Wight, VP /Project Manager Jan. 4. 2008 12:21PM Chaz equipment v ,.: n ~,~ Py ../ .m. 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D] T 0] T Q1 T m m l Q ~ Q (O m Q Q 07 M V ~ tD h N O O N M 7 ~m c0 h N O O ~ N M V W O in ~n ~n ~n ~n u> u~ ~c m ~ m m co cn co co <o t~ ~ f- ~ r F Z M M M M M M M M M M M M M M M M M M M M M M U d n ~~ D d T OI na T MEMORANDUM TO: Mayor and City Commissioners FROM: Danielle Connor, Division Chief David C. James, Fire Chief THROUGH: David T. Harden, City Manager DATE: December 27, 2007 SUBJECT: AGENDA ITEM S.U.2 -REGULAR COMMISSION MEETING OF JANUARY 15, 2008 PURCHASE AWARD/STRYKER EMS EQUIPMENT ITEM. BEFORE COMMISSION This item is being presented to Commission to authorize staff to purchase five (5) Stryker Model 6500 Power-Pro Ambulance Patient Stretchers in the amount of $46,340.00. BACKGROUND The City of Delray Beach was awarded anon-matching reimbursable grant from PBC Emergency Medical Services in the amount of $46,340.00 in November 2007. The grant was awarded for the purchase of five (5) Stryker Model 6500 Power-Pro Ambulance Patient Stretchers with an approved budget of $46,340.00. The Fire-Rescue Department currently has two (2) Stryker Model 6500 Power-Pro Stretchers. The purchase of five additional stretchers through this grant would enable all Rescue vehicles to be equipped with the same stretcher. Having equipment that is compatible throughout the system is essential. The hardware and accessories specific to Stryker stretchers are currently installed on all Rescue vehicles. Stryker is the sole source provider of this stretcher model. Stryker Proposal Purchase of 5 Model 6500 Stretchers with Options/Accessories/Freight: $48,840.00 Trade-In 5 Stryker Manual MX Pro's: (2,500.00) TOTAL $46,340.00 FUNDING SOURCE Funding is available in expenditure Account #001-2315-526-64.90. RECOMMENDATION Staff recommends the purchase of five (5) Model 6500 Power-Pro Ambulance Cots from Stryker EMS Equipment as a sole source provider in the amount of $46,340.00 including selected options, accessories and freight. Sales Proposal quotation Date: 12/20/07 Quote Numher: gO6122DD7 SHIP TO ADDRESS: Delray Beach Flre Rescue 501 W Atlantic Ave Delray Beach, FL 33444 tstryker® EMS Equipment Jeff Pounds Territory Manager 380D E CenVe Ave Portage, Ml 49002 (600)6694968 Ex18940 Voicemai (fax) 407-284-8123 jeff.poundsCdstryker com t (561)243-7440 f'. (561)243-7461 email: Connor@ci.delray-beach,ft.us 5 ea Model 6500 Power-Pro Ambulance Cot(s) List Price Unit Price Ext Sell $ 11,607.00 $ 9,150.00 $ 45,750.00 Standard Features Include: Single adjustable wheel lock 70D-Ib weight capacity Stryker's tlual-speed power-lift system Integrated power and usage meter Integrated foot-end pull handle Positive action manual back-up system Single-hand capable, telescoping head section Backrest-mounted monitor hook User-adjustable loatl height presets X-frame guards Oversized wheels with sealed caster wheel bearings High visibility powder-coated frame Safety Hook Bolster Mattress Patient restraint package and in-service video 110V or 12V DeWalt Charger and tea 24V industrial-grade battery packs 2-year parts/labor/travel warranty on entire cot (1 year on all soft goods - matVess, restraints, pouches, and batteries) 3 years parts/laborltravel warranty on X-frame and limited powertrain components; all welds are warranted for 7 years Selected Options and Accessories 5 6500-215-D00 3 Stage IV Pole Patient Right $ 273.00 $ 220.00 $ 1,100.00 5 6500-147-000 Equipment Hook $ 45.00 $ 36.00 $ 180.00 5 6500-130-000 Backrest Storage Pouch $ 205.C0 $ 168.00 $ 840.00 5 650D-128-000 Head End Storage Flat $ 110.00 $ 78.00 $ 39D.00 5 6500-140-000 Foot End Oxygen Bottle Holder (aftermarket) $ 146.C0 $ 116.00 $ 580.00 5 Trade-in MX Pro's $ (50D.00) $ (500.00) $ (2,500.00) $ 11,886.00 $ 9,268.00 $ 46,340.00 Proposal Total (Including Freight): 46,34D.00 1/31/2008 TO PLACE AN ORDER PLEASE FAX YOUR PURCHASE ORDER TO• Stryker -EMS Equipment, Attn: Jeff Pounds Office: 943 Elm Harbor Ct., Lake Mary, FL. 32746 Phone: 407-574-5503; Fax:407-264-8123 Include your billing/shipping addresses, desired delivery dates, signature and terms (net 30). THANK YOU! Ober aubjed to approval by Stryker Corporation. saxes wits be invoiced as a separate item when applicable. Credit cannot be allowed on returns of spedal or motldietl Items. All approved retums will be accepted ONLY in Kalamazoo, Michigan. Proposals ere effective 30 days from submMal. Receivin COnUCi Name: Receivm Phone Number: Loadin Uack: YES NO Boxed Unboxed (Dlrrle One) Dock hrs. Sales Re VoV-. Comments: stryker® MEMORANDUM FOR RECORD EMS Equipment RE: Sole Source Information for Stryker Model 6500 Power-PRO Ambulance Cot Stryker is the sole manufacturer of all Stryker products. This correspondence is to inform you of the unique characteristics found only in Stryker's Model 6500 Power-PRO Ambulance Cot. These characteristics can be broken down into three primary categories: Safety, Maintenance, and Ease of Use. Safety 1) The Stryker Model 6500 Power-Pro is the only powered ambulance cot that meets the following independent certifications: Underwriters Laboratories -This certifies that the product is safe to those who use it and the surroundings in which it exists. A powered medical device must have this certification in order to operate in a hospital environment. The Stryker Model 6500 Power-Pro is the only powered ambulance cot that is UL listed. IPX6 -This certifies that the cot's electrical, hydraulic, and other systems are rated to withstand high pressure waterjets. IEC-60601 -This certification is a multi-stage certification process which states that the Power-Pro conforms to industry standards for electromagnetic medical equipment. Included in this process are Electromagnetic Compatibility (EMC) and Electromagnetic Interference (EMI). EMC allows the Power-Pro to enter hospitals without disturbing other electromagnetic devices such as heart monitors- EMI prevents our cot from being activated by external electromagnetic devices. 2) The Power-Pro is the only power-lift cot with a retractable head section. This feature allows the cot to be lowered to the ground in the shortened position without the risk of the head section injuring an operator or being damaged. 3) When unloading with the manual release handle, the cot utilizes hydraulic dampening. Thus, the cot will not abruptly jar the operator or the patient. 4) The cot has no litter-frame pinch points and thus facilitates atwo-person "shared load." This reduces risk of injury and eases cot loading. 5) The cot features the lightest 700-Ib capacity frame in the industry. Maintenance 1) The cot features afoot-end-mounted hourly usage meter. This is an easy tool to determine the timing of preventative maintenance checks. 2) The cot features powder-coating on the entire aluminum frame (including the patient handling surfaces), thus eliminating aluminum oxidation throughout the cot. Additionally, the powder-coated surface facilitates easier decontamination and prevents the carbon build-up that otherwise would rub onto the caregiver's uniform. 3) All caster bearings are sealed, eliminating timely and costly lubrication. 4) The cot is power washable and meets IPX6 pressure jet certification (see above). 5) The cot's battery source is a standard, non-custom battery (24V DeWalt) which can be purchased either through Stryker or numerous other sources. Ease of Use 1) The battery is placed at the foot end of the stretcher and is easily accessible in any situation. 2) The cot legs power-retract in 2.4 seconds, the fastest of any powered cot. This speeds load times and reduces operator fatigue. 3) The cot provides the highest potential load height of any cot on the market at 36" and is operator- adjustable to match the deck height of individual rescues or ambulances. 4) The cot features the industry's only forward-folding, single-hand release, side rails, thus giving caregivers more space inside the transport vehicle. 5) The foot end of the cot provides lifting bars and operator controls at two different heights; thus providing optimum ergonomics to most operator heights. 6) The foot end of the cot contains a large battery indicator light which displays red or green depending on battery level. A warning is given by a flashing red light, allowing the operator time to change the battery. 7) The Model 6500 has 6" x 2" sealed bearing casters -the largest in the industry. This facilitates rolling over any surface with ease and reduces caregiver strain. 8) The Power-Pro features an integrated bumper system which reduces damage to walls and other obstacles when impacted. Please forward any further questions to the undersigned, Stryker's direct sales representative, at 407-574-5503. Sincerely, //original signed// Jeffery Pounds Territory Manager, Stryker -EMS Equipment Department of Public Safely Division of Emergency Management 20 S. Military Trail West Palm Beach, FL 33412 (561) 712-6400 Fax: (561) 712-6464 www nbceov.omn u Pelm Beach County Board of CounTy Commissioners Addle L. Greene, Chairperson .leff Koons, Vice Chair Karen T. Marcus Robert J. Kanjian Mary McCarty Burt Aaronson Jess R. Santamaria County Administrator Robert Weisman "An Equa! Oppnrtwrity Affirmative Actian Employer" November 5, 2007 07-DIR-78-L Division Chief Danielle Connor Delray Beach Fire Rescue 501 W. Atlantic Avenue Delray Beach, Florida 33444 Division Chief Danielle Connor: RE: EMS Grant C70 Your agency will receive $46,340.00 from the EMS Grant Award Program. Please see attached which covers the items and work schedule for your EMS Grant Award. The EMS Grant package is being presented to the Board of County Commissioners at their December 18, 2007 meeting. Once it is approved by the Board, it will be forwarded to the State EMS Office for their execution. In the meantime, please provide us with a letter of confirmation from your agency's administrator concurring with the amount of the award, activity and expenditure plans, and assurance that your agency will comply with the state and county grant requirements, including reporting. If you have not submitted a Resolution from your Governing Board, kindly proceed to obtain same prior to making the purchase certifying that monies from the Grant Award will' 1) Improve and expand prehospital services in that coverage area; 2) Not be used to supplant existing provider's budget allocation; 3) Meets the goals and objectives of the EMS County Grant Plan. Sincerely, Thank you for your cooperation. ~~~ C haries ear, irector Date Public Safety Department Division of Emergency Management Enc. Cc: EMS Grant files DELRAY BEACH FIRE RESCUE Work Plan: Work Activities: ATTACI3MENT 2 ~, Time Frames: To replace standard pneumatic stretches with powered assisted pneumatic stretchers which will enhance not only the ergonomic environment to the personnel in raising and lowering the stretchers, reduce the likelihood of an injury to the patient and personnel, and will reduce the amount of personnel needed to operate the devise increasing transportation time. Order powered assisted pneumatic stretchers: 1st Quarter Conduct in-service training and education on use, maintenance, and proper lifting and moving techniques. 2"d Quarter Implement new equipment into inventory and begin use. 3~"Quarter Conduct field audits in conjunction with Risk Management To evaluate the reduction of patient and employee injuries. 40' Quarter Proposed Expenditure Plan: Line Item Unit Price Quantity Tota! Cost Mode16500 Power-Pro Ambulance cots 9,150.00 5 45,750.00 3 Stage IV Pole Patient Right 220.OU 5 1,100.00 Equipment Hook 36.00 5 180.00 Baclcrest Storage Pouch 1.68.00 5 840.00 Head End Flat Storage Pouch 78 5 390.00 Foot End Oxygen Bottle Holder 116.00 5 580.00 MX Pro Trade-In (500.00) 5 2,500.00 TOTAL $46,340.00 MEMORANDUM TO: Mayor and City Commissioners FROM: SCOTT R. ZUBEK, SENIOR PLANNER PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: DAVID T. HARDEN, CITY MANAGER DATE: January 1 Q 2008 SUBJECT: AGENDA ITEM 9.A -REGULAR COMMISSION MEETING OF JANUARY 15, 2008 WAIVER REQUEST/508 S.E. 3RD AVENUE ITEM BEFORE COMMISSION The item before the City Commission is that of consideration of a waiver request to LDR Section 4.3.4 (K) to reduce the lot frontage, lot width, and lot size for one of two proposed single family lots, located at the northwest corner of SE 6th Street and SE 3rd Avenue. BACKGROUND The City has received a request from the property owner seeking relief from the minimum lot dimensior requirements for one of two proposed lots. The existing property is located at the northwest corner of SE 6th Street and SE 3rd Avenue (see attached map) and is described as follows: The East '/z of Lot 25, all of Lot 26, the South %z of Lot 27, and the South '/z of Lot 28, all in Block #6 g Osceola Park, according to the plat thereof, as recorded in Plat Book #3, Page #2 of the Public Records of Palm Beach County, Florida. The property is made up of portions of 4 lots and is L-shaped; and is 175' wide on the south side 130.30' wide on the west side, 75' wide on the north side and 65.16' wide on the east side. The ]ot ha: been improved with a single family house and aone-story garage on the south side of the property. The. owner wishes to demolish all structures, create two lots and build two single family homes on eacl of the newly created lots. Lot `A' (see attached survey) will be accessed from SE 3rd Avenue with < driveway into aside-loaded garage and Lot `B' will gain access from SE 6th Street. This developmerr pattern and lot sizes will be consistent with prevailing development in the neighborhood. The newt} created Lot `A' will exactly mirror the lot dimensions of the property immediately to the north. It is alsc noted that the current lot configuration ("L-shape") is unlike any other lot in this block of OsceolaPark or throughout the balance of the neighborhood. The interior lot (Lot `B') will be conforming with respect to all of the lot dimension requirements of the R-1-A zoning district and will take access from SE 6d' Street. This proposed interior lot will measure 75' wide by 130.30' deep (9,773 sq.-ft of total lot area). The proposed corner lot, taking access from NE 3rd Avenue, will not comply with the R-1-A (Single Family Residential) zoning district standards witl respect to lot frontage, lot width and lot size as further discussed in the Waiver Analysis section below. As per LDR Section 4.3.1(D), City Commission has the authority to grant relief of the following standards: LDR Section 4.3.4 (I~ (Development Standards Matrix): . Reduction of required lot frontage and width for corner lots from 80 feet to 65.15 feet; . Reduction of required lot size from 7,500 sq. ft. to 6,515 sq.-ft. Pursuant to LDR Section 4.3.1(D), lots or yards created after October 1, 1990 shall meet the minimun requirements established by Chapter 4 unless the City Commission declares at the time of approval of ar associated development application that it is,necessary and appropriate to create such nonconformity The proposal involves the reconfiguration of the previously reconfigured lots. As seen on the attachei (8.5" X 11" reduced) survey, the proposed corner lot will be 65.]5' wide and 100' deep and will be deficient with respect to lot size, lot width and lot frontage as noted in the following table: Minimum Requirements Prop o S eU Confi uration ronta e idth e th of Size ronta e idth e th of Size Interior 60' 0' 100' 7,500 sq. ft. 75' 75' 130.30' 9,773 sq.-ft. Ot Corner 80' 80' 100' 7,500 sq. ft. 65.15' 65.15' 100' 6,515 sq.-ft. I Ot Waiver Findings: Pursuant to LDR Section 2.4.7(B) (S), prior to granting a waiver, the granting 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 similar circumstances on other property for another applicant or owner. The subject property is within Block 6, (Plat of Osceola Park) and was created from portions of 4 platted lots that were 50' wide by 130.30' deep. Lot widths of 50' and some even less are prevailing in this southeast area and are substantially more common than irregularly shaped lots with dimensions of 60' or greater. The approval of this waiver would eliminate an irregularly shaped lot and return the configuration of the parcel closer to the prevailing lots in the neighborhood. In addition, the creation of the nonconforming lot (Lot `A') would exactly mirror the dimensions of the adjacent lot to the north and would closely match the lot dimensions of properties on the west side of SE 3`d Avenue in Block #5 of Osceola Park. Other requests to create nonconformities in this area have been previously approved. The "Frysinger properties" located at the southeast corner of SE Stt' Street and SE 4~h Avenue (Lots 7 & 8, Block #4, Plat of Osceola Park) consisted of two reconfigured lots that were both approved with nonconforming frontage, width, depth and size. As previously noted, this proposal creates only one nonconforming lot and the configuration of the new lots closely matches the existing lot patterns in the neighborhood. Given the above, the waiver will not adversely affect the neighboring area, diminish public facilities, or create an unsafe situation and an approval would be granted in a similar situation. It is noted in the applicant's letter that the newly created lots and the proposed development of each lot would be a positive contribution to the redevelopment goals of this area of the City. This property is in Redevelopment Area #5 and aredevelopment/neighborhood plan for this area has been established. Based upon the above, it is necessary and appropriate to approve the requested waivers in order to maintain a level of consistency and progressive development within the Osceola Park neighborhood. There are two issues that should be noted. First, if the City Commission approves the waiver, a survey must be filed with the Engineering Department showing the reconfiguration of the lots. Second, a Unity of Title must conjoin the two newly created lots until all structures are demolished, to prevent a conflict with setback regulations. REVIEW BY OTHERS Planning & Zoning Board: Planning and Zoning Board review of the proposal is not required. DSMG (Development Services Management Group: At its meeting of January 4, 2008 the DSMG reviewed the request along with the attached information relating to the surrounding properties and supported the waiver request. Public Notice: Formal Public notice has been provided to the owner of the subject property as well as to property owners within a 500' radius of the subject property. Letters of support and objection, if any, will be presented at the City Commission meeting. ALTERNATIVE. ACTIONS A. Continue with direction. B. Approve the Waiver to LDR Section 4.3.4(K) to reduce the lot width, lot frontage, and lot size for one lot, based on positive findings with respect to 4.3.1(D), that it is appropriate and necessary to create a nonconformity by subdividing the irregularly shaped parcel into one conforming and one nonconforming lot for the development of two single family homes. C. Deny the waiver to LDR Section 4.3.4(K) to reduce the lot width, lot frontage, and lot size for one lot, based upon a failure to make positive findings with respect to 4.3.1(D) that it is necessary to create a nonconformity by subdividing the irregularly shaped parcel into one conforming and one nonconforming lot for the development of two single family homes. RECOMMENDATION By motion, approve the waiver to LDR Section 4.3.4(K) (Development Standards Matrix) to reduce the lot frontage, lot width and lot size for one of the two proposed lots per the dimensions noted in the table above, based upon positive findings with respect to LDR Sections 2.4.7(B)(5) and 4.3.1(D), subject to the following conditions: 1. That a survey must be filed with the Engineering Department showing the reconfiguration of the lots. 2. That a Unity of Title be executed between the two newly created lots and remain in place until all structures are demolished, at which time said Unity of Title shall be released upon consent of the City's Chief Building Official. Attachments: . Location Map. • Reduced Survey (8.5" X 11"). . Copy of Applicant's Letter. . Neighborhood Property Size Analysis. • } _ ~ -_ - ?~ 'a 2 _ J Q ~ Q r K W _ ~ N E. 4m ST. j ~~O Z Z o ~ S.E. 5TH ~ DELRAY ~ ST. m BEACH m Q rc 4 ~ ~ WOMEN'S ~ _... ~ CLUB ~ ~ o~Z r Q S.E. 6TH ST. W - - BARRTON w a I,i w APT a a CONDOS F Q -- 3 _ CHURCHILL _ _ CONDO Z S.E. O F- _ - _- Z CURRIE - BAN 3 COMMONS H ~ ~ ~ ~ BUILDI G ~ ~ - sE. am sT. S.E. 8 H -f BARNETT 4 __ DRlI~E-iHRU . ~- a s.E.em ~ - 5TH AUE. c . I- r GRILL Q __ N N _ _ _. N- N O MfAMI O I.i Z SUBS Z U f/1 9m ST J- n Q C~ O } ~} 7~ S.E. 9iH ST. 2 = Q. ~ m Vl (n Z =PARK AUE 880 S.E. 10TH ST. ' WALGREENS ~ SUBJECT AREA 508 SE 3RD AVENUE _ _ lOT WAIVER REQUEST an oP oELRAr BEACH, n PLANNING h Id4IND DEPPAINENT -- OAGYTAL 845E MAP SYSIEN -- MAP REf: LAU22x ti z ~_ yz ~~~ =~,o VV 6V yGy 50 SMM~ ..p F~~l yyO ^aNN N yy ~~ ~SMO cp1i ti6aa 0 ,,,i:. ~~. fl Yld-133tl1S llOtltlrd) 3IIN3AY PEE 3'E -_ ____ _~s-__- ~ ~ ~oa'$ N ' ,sm xo -.,5139 : .. . S . .. _ O1L~U S~ I ry - :~~ ry n d Isss .B . u sal _ ~ m I a~ 1 „ 1 ~ r$`~~C$ m W ' ~ ' ~ Nti~~ " ~ I - Y . ,,,ox ;, ° c J ~ .b .y s ~ b b a ~:e~ H ~yy a rol ir J ~ .<~.~ '~ O¢ o <YN1 ~.~ V W YS \ ~ \ x h ' wN S9 .6R .51 59 pp ~~ ~ < jYYE ~ \~. Jll AEt tS ~ ` 4 C ~ - ~~J N b YS ~ ~~ /' Jp JSI : ~ ~ ....... ... . .... iol. .. .. ..... .... i / _ b i V ~ yy 6~ ~ P N /. 1 1 ~` 1 b .oo'SZ I LL3 i 1 I i o 1 I\ i ~ ~ W ti n ~ ~ W I H N _ I b W°~ ~ h Y~Y 8~ I^ ~ II L ~W ~ l- d ~b h ~ ~. 3e ...................... . ~ .... ..... of e ~. ~ gY~ ~F 8i y o 4 ~3~ "~ ~WStl'd ~ ~` i. ~ ~3 g,a`~ l~~$ ~~'W ~ z ~-JJ zS 3 ~ab / ~ §.... ~..~~~-~~48~88~a ~ ~ Z o ee <.3S LiS&uriWu-~~zYUnu¢¢F<o ~ ''-1 C7 ~. B ~~A Nyy7 e~ ~~~ $~d ~cg f°Ya~g C4"7- WEINER & ARONSON, P.A. ATTORNEYS AT LAW The Gark House 102 North Swinton Avenue Delray Beach, Florida 33444 Telephone: (561) 265-2666 Telempler: (561) 272-6831 E-mall: taronsonCalzonelaw.tom MICHAEL S. WEINER CAROLE ]. ARONSON November 12, 2007 Mr. Paul Dorling Director of Planning and Zoning City of Delray Beach 100 NW 1"`Avenue Delray Beach, FL 33444 Via Hand Delivery Re: Nonconforming lot waiver request Our File No.: JOIN002 Dear-Paul: / 209 N. Seacrest Blvd., Suite 2 Boynton Beach, F133436 Telephone: (561) 732-6667 Telecopier: (561) 733-9261 E-mail: caronsonralzonelaw.com JASON S. MANKOFF KERRY D. SAFIER U ~~~~~~ NOV 1 2 2007 ~~ PLANNING & ZONING This firm represents James R. Joines and James H. Joines, owners of the real property located at 508 SE 3`s Avenue. This letter is a waiver request pursuant to Section 2.4.7(8)(2) of the Delray Beach Land Development Regulations ("LDR") involving the granting of relief from LDR Section 4.3.1(D) A check in the sum of $130.00 is enclosed. To support a waiver, LDR Section 2.4.7(6)(5) requires that the governing body make a finding that granting a 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. This project meets or exceeds the requirements of LDR Section 2.4.7(6)(5) for this waiver request. Thus, this waiver request should be approved. The owners wish to subdivide the subject property from one lot to two. There is a house on one portion of the lot {Parcel "A") and a shed and garage on the other ("Parcel B"). A copy of a survey, showing the desired final dimensions, is attached. The property is legally described as follows: The East Yz of Lot 25, all of Lot 26, the South '/: of Lot 27, and the South Yz of Ldt 28, all in Block 6 of Osceola Park, according to the Plat thereof, recorded in Plat Book 3, at Page 2, of the Public Records of Palm Beach County, Florida. Mr. Paul Dorling November 12, 2007 Page 2 When the parcels have been divided, the owners intend to demolish all improvements on both lots. The owners will then construct new single family homes on Lots A and B. Currently, there is a tenant residing on the property. Therefore, no demolition will take place until fall 2008, after the tenant has vacated. The property is currently L-shaped, 175 feet wide on the south side, with access through the garage on SE 6'" Street on that side, 130.30 feet deep on the west side, and 65.15 feet deep on the east side. The residence faces SE 3rd Avenue. If the lots are split, entry to Lot A will be from SE 3`d Avenue, with a driveway into aside-loading garage with access from SE 6`" Street. Entry to Lot B will be from SE 6"' Street. The splitting of the lots will leave Lot A as nonconforming with respect to size. The property is in the R-1-A zoning district, and Lot A will be 6,515 square feet rather than the required 7,500 square feet. Lot B is a conforming lot at 9,772.50 square feet. Pursuant to LDR Section 4.3.1(D), lots shall meet the minimum requirements established unless the City Commission declares at the time of approval of an associated development application that it is necessary and appropriate to create such nonconformity. It is necessary and appropriate to create nonconformity for this project. First, the subdivision of this lot would bring greater conformity to the area. The current L- shaped configuration of the parcel is unlike any other parcel in the Osceola Park area. The other parcels on SE 3`d Avenue, which Lot A faces, are all. nonconforming. For example, the property at 515 SE 3r0 Avenue (PCN 12-43-46-21-01-005-0012) has 60.86 feet of frontage on. SE 3rd Avenue and a depth of 94 feet, for a tot size of 5720.84 square feet; the property at 519 SE 3'd Avenue (PCN 12-43-46-21-01-005-0011) has 69.44 feet of frontage on SE 3`d Avenue and a depth of 94 feet, for a lot size of 6527.36 square feet; and the parcel located at 506 SE 3`d Avenue (PCN 12-43-46-21-01-006-0270) (the neighboring property to Lot A) has 65:15 feet of frontage on SE 3`d Avenue and a depth of 100 feet, for a lot size of 6,515 square feet, identical to the proposed Lot A. . The granting of the waiver would render Lot A more like its neighbors. Additionally, freed of its unusual shape, Lot B would have greater conformity to the other parcels facing SE 6'" Street. Given the existing development pattern on SE 3"' Avenue and SE 61h Street, it is appropriate for the home on Lot A to-face SE 3`d Avenue and the home on Lot B to face SE 6"' Street. Additionally, by permitting the subdivision of this lot into two, the owners will be able to improve both lots by constructing high-quality affordable homes on Lots A and B. Such construction will not only improve the existing lots, but set a standard for other property owners in the area by demonstrating that redevelopment of this area is possible and attainable. The foregoing demonstrates that the granting of the requested waiver would not adversely affect the neighboring area; in fact, the neighboring area would be enhanced. It would not diminish the provision of public facilities or create an unsafe situation. Finally, it would not result in the granting of a special privilege, as the same waiver has been granted for other properties in this area, for other owners. Mr. Paul Dorling November 12, 2007 Page 3 Therefore, for the reasons enumerated above, we respectfully request that the above waiver be approved. If there is any further information you require, please do not hesitate to contact me. Please advise as to alt dates this matter will be before the Boards. U truly yours, o e Aron on CA:mmi enclosure cc: Jim Joines Michael S. Weiner, Esq. Y:UOINOD2Vetter to lading re waiver requeatdoc LOT WAIVER ANALYSIS -SURROUNDING PROPERTY CONFIGURATIONS SUBJECT PROPERTY: 508 SE 3RD AVENUE ADDRESS LOT PCN FRONTAGE WIDTH DEPTH AREA SQ.-FT. 302 SE 4TH ST 1 12-43-46-21-01-004-0010 93.6' 93.6' 130.2' 12,200 310 SE 4TH ST 3 12-43-46-21-Ot-004-0030 46.8' _46.8' 130.2' 6,093 _ 314 SE 4TH ST 4 12-43-46-21-01-004-0040 46.8' 46.8' 130.2' 6,093 402 SE 4TH AVE 5.1 12-43-46-21-01-004-0051 65.53' 65.53' 93.6' 6,134 404 SE 4TH AVE 5.2 12-43-46-21-01-004-0052 64.77' 64.77' 93.6' 6,063 412 SE 4TH AVE 7.1 12-43-46-21-01-004-0071 60.62' 60.62' 93.6' 5,674 420 SE 4TH AVE 7.2 12-43-46-21-01-004-0072 69.58' 69.58' 93.6' 6,513 311 SE 5TH ST 9 12-43-46-21-01-004-0090 93.6' 93.6' 130.2' 12,200 305 SE 5TH ST 11 12-43-46-21-01-004-0110 46.8' 46.8' 130.2' 6,093 415 SE 3RD AVE 12 12-43-46-21-01-004-0120 -- a:~ 302 SE 5TH ST 1 12-43-46-21-01-005-0010 46.8' - , 78.6' 46.8' 78.6' 130.2' - 130.2' 6,093 10,234 306 SE 5TH ST 2.1 12-43-46-21-01-005-0021 15' 15' 130.2' 1,953 310 SE 5TH ST 3 12-43-46-21-01-005-0030 93.6' 93.6' 130.2' 12,187 318 SE 5TH ST 5 12-43-46-21-01-005-0050 46.8' 46.8' 130.2' 6,093 504 SE 4TH AVE 6 12-43-46-21-01-005-0060 46.8' 46.8' 130.2' 6,093 520 SE 4TH AVE 7.1 12-43-46-21-01-005-0071 65' 65' __ 93.6' 6,084 514 SE 4TH AVE 7.2 12-43-46-21-01-005-0072 65' 65' 93.6' 6,084 315 SE 6TH ST 9 12-43-46-21-01-005-0090 46.8' 46.8' 130.2' 6,093 309 SE 6TH ST 10 12-43-46-21-01-005-0100 46.8' 46.8' 130.2' 6,093 519 SE 3RD AVE 11.1 12-43-46-21-01-005-0111 69.44' 69.44' 93.6' 6,500 515 SE 3RD AVE 112 12-43-46-21-01-005-0112 60.86' 60.86' 93.6' 5,697 o~~_. 115 SE 5TH ST 1 12-43-46-21-01-006-0010 78.7' 71.8' 100' 5,651 119 SE 5TH ST 2 i2-43-46-21-01-006-0020 50' 50' 100' 5,000 125 SE 5TH ST 3 12-43-46-21-01-006-0030 50' 50' 10D' 5,000 201 SE 5TH ST 4 12-43-46-21-01-006-0040 50' 50' 100' 5,000 205 SE 5TH ST 5 12-43-46-21-01-006-0050 50' 50' 100' 5,000 209 SE 5TH ST 6 12-43-46-21-01-006-0060 110' 110' _100' 11,000 215 SE 5TH ST 8.1 12-43-46-21-01-006-0081 90' 90' 100' 9,000 502 SE 3RD AVE 10 12-43-46-21-01-006-0100 50' S0' 130.2' 6,510 222 SE 5TH ST 11 12-43-46-21-01-006-0110 50' 50' 130.2' 6,510 216 SE 5TH ST 12 12-43-46-21-01-006-0120 50' S0' 130.2' 6,510 210 SE 5TH ST 13 12-43-46-21-01-006-0130 50' 50' 130.2' 6,510 206 SE 5TH ST 14 12-43-46-21-01-006-0140 50' S0' 130.2' 6,510 202 SE 5TH ST 15 12-43-46-21-01-006-0150 50' S0' 130.2' 6,510 122 SE 5TH ST 16 12-43-46-21-01-006-0160 50' S0' 130.2' 6,510 118 SE 5TH ST 17 12-43-46-21-01-006-0170 50' 50' 130.2' 6,510 114 SE 5TH ST 18 12-43-46-21-01-006-0180 87.4' 96' 130.5' 12,528 111 SE 6TH ST 19 12-43-46-21-01-006-0190 75.6' 75.6' 130.3' 9,851 119 SE 6TH ST 20 12-43-46-21-01-006-0200 100' 100' 130.3' 13,030 127 SE 6TH ST 22 12-43-46-21-01-006-0220 50' 50' 130.3' 6,515 201 SE 6TH ST 23 12-43-46-21-01-006-0230 62.5' 62.5' 130.3' 8,144 SE 6TH ST P~g}I~ES~ECS LET .~ .O~?'QyED LOT 506 SE 3RD AVE - -NOT IN _e.~: 24.1 ~~A _ 27 CLUDIN 12-43-46-21-01-006-0241 ;FS~IA ...=. ..-,. .,.~ -~----_. 12-43-46-21-01-006-0270 G PROPOSED LOTS 62.5' s~Ci&1 ..~~ 65.15' 62.5' ~5'.,'I~'~~; 65.15' 130.3' E~flQ` y~ 100' -:_ 8,144 ~a5_tS ~v -- 6,515 600 SE 4TH AVE 1 12-43-46-21-01-007-0010 50' 50' 132.5' 6,625 604 SE 4TH AVE 2 12-43-46-21-01-007-D020 50' 50' 132.5' 6,625 608 SE 4TH AVE 3 12-43-46-21-01-007-0030 50' S0' 132.5' 6,625 614 SE 4TH AVE 4 12-43-46-21-01-007-0040 50' 50' 132.5' 6,625 ~, 618 SE 4TH AVE 5 12-43-46-21-01-007-0050 50' 50' 132.5' 6,625 622 SE 4TH AVE 6 12-43-46-21-01-007-0060 50' 50' 132.5' 6,625 626 SE 4TH AVE 7 12-43-46-21-01-007-0070 50' 50' 132.5' 6,625 630 SE 4TH AVE 8.1 12-43-46-21-01-007-0081 45.25' 4525' 132.5' 5,996 634 SE 4TH AVE 8.2 12-43-46-21-01-007-0082 54.75' 54.75' 132.5' 7,254 301 SE 7TH ST 10 12-43-46-21-01-007-0100 50' 50' 132.5' 6,625 301 SE 7TH ST 11 12-43-46-21-Ot-007-0110 50' 50' 132.5' 6,625 625 SE 3RD AVE 12 12-43-46-21-01-007-0120 50' 50' 132.5' 6,625 621 SE 3RD AVE 13 12-43-46-21-01-007-0130 50' S0' 132.5' 6,625 617 SE 3RD AVE 14 12-43-46-21-Ot-007-0140 50' 50' 132.5' 6,625 613 SE 3RD AVE 15 12-43-46-21-01-007-0150 50' 50' 132.5' 6,625 605 SE 3RD AVE 16 12-43-46-21-01-007-0160 100' 100' 132.5' 13,250 601 SE 3RD AVE 18 12-43-46-21-Ot-007-0180 50' 50' 132.5' 6,625 602 SE 3RD AVE 19 12-43-46-21-01-007-0190 50' 50' 132.5' 6,625 604 SE 3RD AVE 20 12-43-46-21-01-007-0200 50' 50' 132.5' 6,625 606 SE 3RD AVE 21 12-43-46-21-01-007-0210 50' S0' 132.5' 6,625 608 SE 3RD AVE 22 12-43-46-21-01-007-0220 50' S0' 132.5' 6,625 610 SE 3RD AVE 23 12-43-46-21-01-007-0230 50' 50' 132.5' 6,625 612 SE 3RD AVE 24 12-43-46-21-01-007-0240 50' 50' 132.5' 6,625 626 SE 3RD AVE 25 12-43-46-21-01-007-0250 70.5' 70.5' 132.5' 9,341 634 SE 3RD AVE 26.1 12-43-46-21-01-007-0261 80' 80' 132.5' 10,600 629 SE 2ND AVE 28.1 12-43-46-21-01-007-0281 63.36' 63.36' 150' 9,504 201 SE 7TH ST 28.2 12-43-46-21-01-007-0282 68.64' 68.64' 150' 10,296 617 SE 2ND AVE 31 12-43-46-21-01-007-0310 100' 100' 132.5' 13,250 609 SE 2ND AVE 33 12-436-21-01-007-0330 100' 100' 132.5' 13,250 605 SE 2ND AVE 35 12-43-46-21-Ot-007-0350 50.5' 50.5' 132.5' 6,691 _ 202 SE 6TH ST 36 12-43-46-21-01-007-0360 50.6' 50.6' 132.5' 6,705 602 SE 2ND AVE 37 12-43-46-21-01-007-0370 63' 63' 204.3' 12,871 606 SE 2ND AVE _ _ 38 12-43-46-21-Ot-007-0380 50' S0' 212' 10,600 608 SE 2ND AVE 39 12-43-46-21-01-007-0390 50' 50' 219' 10,950 610 SE 2ND AVE 40 12-43-46-21-01-007-0400 50' S0' 225.7' 11,285 618 SE 2ND AVE 41.1 12-43-46-21-Ot-007-0411 50' S0' 150' 7,500 105 SE 7TH ST 41.2 12-43-46-21-01-007-0412 62.30' 75.7' 245.8' 17,760 CAD 630 SE 2ND AVE 42.1 12-43-46-21-01-007-0421 55' S5' 150' 8,250 109 SE 7TH ST __ 44 12-43-46-21-01-007-0440 50' 50' 131.7' 6,585 SE 2ND AVE 45 12-43-46-21-01-007-0450 50' 50' 136.7' 9,835 SE 2ND AVE 46 12-43-46-21-01-007-0460 50' 50' 136.7' 9,835 SE 2ND AVE 47 12-43-46-21-01-007-0470 50' 50' 136.7' 9,835 - ~ ~ - 202 SE 4TH ST 1 12-43-46-21-09-001-0010 100' 100' 168' 16,800 198 SE 4TH ST 2 12-43-46-21-09-001-0020 144.60' 154.42' 169.26' 26,137 406 SE 3RD AVE 3 12-43-d6-21-09.001-0030 75' 75' 88.5' 6,638 406(R) SE 3RD AVE 4 12-43-46-21-09-001-0040 88.5' 88.5' 125' 11,063 402 SE 3RD AVE 5 12-43-46-21-D9-001-0050 80' 80' z 200' _ 16,000 MEMORANDUM TO: Mayor and City Commissioners FROM: Scott Aronson, Parking Management Specialist Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: January 1 I, 2008 SUBJECT: AGENDA ITEM 9.B -REGULAR COMMISSION MEETING OF JANUARY 15, 2008 REQUEST FOR IN-LIEU PARKING SPACES/WAIVER REQUEST/TAVERNA EROS ITEM BEFORE COMMISSION The item before the City Commission is to consider a request from Taverna Eros for the purchase of four (4) in-lieu parking spaces and an associated waiver to Land Development Regulations (LDR) Section 4.6.9(E) pursuant to LDR Section 2.4.7(B). BACKGROUND Taverna Eros, located at 8 East Atlantic Avenue, has submitted a request for the purchase of four (4) in- lieu parking spaces, at a cost of $15,600 per space, totalling $62,400 to accommodate the creation of an outdoor dining area in the parking area immediately adjacent to the west side of the building and fronting Atlantic Avenue. The proposal requires the elimination of four (4) of the 13 existing parking spaces and includes relocation of the ADA compliant handicapped parking space. If approved, the fees will be paid in full upon issuance of the building permit. Section 4.6.9(E)(3) of the LDR states that when a requirement for additional parking results from in-fill development, or from a change in use, or adding floor space to an existing building; the City Commission may approve the payment of a fee in-lieu of providing such required parking. Before granting such approval, the City Commission must find that it is impossible or inappropriate to provide the required number of on-site or off-street parking spaces and that in the case of building additions no existing parking spaces will be eliminated. The payment of a fee in-lieu of providing required parking is not permitted for new development. The in-lieu request is being sought for the elimination of four (4) parking spaces in the adjacent parking lot to accommodate the outdoor cafe area. None of the in-lieu parking spaces requested is required for the outdoor dining area, as it will be classified as a Sidewalk Cafe, which, pursuant to LDR Section 6.3.3 does not require the provision of on-site parking spaces. Therefore, the applicant is requesting a waiver to LDR Section 4.6.9(E)(3) which prohibits the purchase of in-lieu spaces to accommodate an expansion of use when the expansion eliminates existing parking spaces. It is noted that the existing right-of--way (sidewalk) in front of the restaurant is only seven feet (7') wide and cannot sufficiently support a sidewalk cafe while maintaining the required five foot (5') clear pedestrian path. Additionally, in this very busy area, having the cafe area entirely within the subject property will enhance pedestrian safety while creating a more attractive pedestrian way than the current parking lot provides. Findings: Section 2.4.7(B) of the LDR requires the following findings be made prior to the City Commission's approval 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. Granting the waiver would not adversely affect the neighboring area in that the close proximity of the parking garages (Federspiel around the corner and the OSS Garage one block away), provides adequate parking for visitors and employees of the subject property and having the outdoor dining area within the confines of the property, not encroaching the public sidewalk, does not only keep the public facilities intact but adds to the safety of this busy area in the downtown. Given similar circumstance this waiver could be supported for other properties. Policy C-4.1 of the Future Land Use element of the Comprehensive Plan suggests the deletion of inappropriate uses; accommodating parking needs through innovative actions; and allowing and facilitating outdoor cafes. Furthermore, the Downtown Master Plan speaks of the construction of parking structures and the in-fill development of surface parking lots, which have been shown to be an inefficient use of land. This request addresses each of these concerns and therefore furthers the objectives, goals and policies of the Comprehensive Plan. Based on the aforementioned, Staff supports the applicant's request for the purchase of four (4) in-lieu parking spaces and the associated waiver to LDR Section 4.6.9(E)(3). REVIEW BY OTHERS The Downtown Development Authority, at its meeting of December 10, 2007, unanimously recommended approval of the applicant's request with the condition that the outdoor cafe area be limited to the project area and small alcove in front of the building and not encroach the public right-of- way. This condition was agreed to by the applicant's representative at the meeting. The Community Redevelopment Agency, at its meeting of December 13, 2007, recommended approval of the applicant's request with a 4-3 vote (Lewis, Gray and Covington dissenting). The Parking Management Advisory Baord, at its meeting of December 18, 2007, unanimously recommended approval of the applicant's request For the purchase of the tour (4) in-lieu parking spaces and associated waiver to LDR Section 4.6.9(E)(3). RECOMMENDATION By motion, approve the request from Taverna Eros for the purchase of four (4) in-lieu parking spaces, at a cost of $62,400.00 to be paid in full upon issuance of the building permit and the associated waiver to section 4.6.9(E)(3), by adopting findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 4.6.9(E)(3) and 2.4.7(B) of the Land Development Regulations. U I- w Y Z Q J W F" N W N a. n U ~Q1 FmF @W Fm m <mx iwiwew - auraomma ms3o zwae n w.m rnw ......h ~^°mr wre.w..a i.. w vw auammw wmo nav i. ~ween m a ..~_ ~.. ° * ~ ....D:in°~Ck U ~ rr J t I o ~ .: ~.:. ~ a :. ~ R. ~~. 8 ° :r rhM: olA OI i~ u 7 - ~.. LL s H ~~ i"e ° ®~ CITY of DELRAY BEACH II TAVERNA EROS I °^~°°~I ENVIHONMENiAL 3EFiVICE3 DEPAHTMEr`ff LOCATION MAP i aaa eanN ewNron nveaiE oflnra ~nna~ fiann awea 200-200 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER AND IN LIEU PARKING FEE REQUEST FOR TAVERNA EROS ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA This waiver and in lieu parking fee request has come before the City Commission on January 15, 2008. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver and in lieu parking fee request for Taverna Eros. 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. WAIVER: Pursuant to LDR Section 4.6.9(E)(3) when a requirement for additional parking results from in-fill development, or from a change in use, or adding floor space to an existing building; the City Commission may approve the payment of a fee in-lieu of providing such required parking. Before granting such approval, the City Commission must find that it is impossible or inappropriate to provide the required number of on-site or off- street parking spaces and that in the case of building additions no existing parking spaces will be eliminated. The payment of a fee in-lieu of providing required parking is not permitted for new development. The in-lieu request is being sought for the elimination of four (4) parking spaces in the adjacent parking lot to accommodate the new outdoor cafe area. The applicant is requesting a waiver to that portion of LDR Section 4.6.9(E)(3) which prohibits the purchase of in-lieu spaces to accommodate an expansion of use which eliminates existing parking 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 a waiver to Section 4.6.9(E)(3), regarding the prohibition of in-lieu fees to accommodate an expansion of use which eliminates existing parking spaces, comply with the requirements of 2.4.7(6)(5)? 1 Yes No Conditions: If the Waiver is approved go to Section II. If the Waiver is denied go to Paragraph 3. II. IN LIEU PARKING FEE: Pursuant to LDR Section 4.6.9(E)(3), when additional parking is required for a change of use and it is impossible or inappropriate to provide such parking the City Commission may approve the payment of an in lieu fee rather than provide the required parking. Does the In Lieu Parking Fee request for four spaces meet the requirements of LDR Section 4.6.9(E)(3) and the conditions, if any, listed below? Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original 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. 5. Based on the entire record before it, the City Commission approves denies the waiver and in lieu parking fee request as set forth above. 2 6. Based on the entire record before it, the City Commission hereby adopts this Order this 15~" day of January, 2008, by a vote of in favor and opposed. ATTEST: Rita Ellis, Mayor Chevelle Nubin, City Clerk 3 MEMORANDUM TO: Mayor and City Commissioners FROM: Scott Aronson, Parking Management Specialist Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: January 10, 2008 SUBJECT: AGENDA ITEM 9.C -REGULAR COMMISSION MEETING OF JANUARY 15, 2008 REQUEST FOR VALET PARKING SPACES/CITY LIMITS ITEM BEFORE.COMMISSION The item before the City Commission is consideration of a request from City Limits to reserve the use of six (6) parking spaces in the Railroad Parking Lot to provide valet parking services to accommodate a private party. BACKGROUND City Limits, located at 19 NE 3rd Avenue in the Railroad Parking Lot, has requested the use of six (6) parking spaces to provide valet parking services as an accommodation for a private party, to be held in the club, on Saturday, February 9, 2008. In September of 2006 City Limits was approved for a valet queue in the Railroad Lot utilizing the same six (6) spaces it intends to use for the party. Although due to a lack of interest by customers, City Limits opted not to renew its valet parking license agreement in 2007, the MacMillan Law firm still leases them their two (2) parking lots across the street on NE 4th Avenue. During the time the parking license agreement was in affect there were no complaints or problems brought to the attention of staff. REVIEW BY OTHERS This item has not been reviewed by any other Boards. RECOMMENDA_ TION By motion, approve the request from City Limits to reserve six (6) parking spaces in the Rialroad Parking Lot to provide valet parking services as an accommodation for a private party on Saturday, February 9, 2008. ® CITY of DELRAY BEACH CITY LIMITS SPECIAL °"'~°'~»~Z°~ ENVIRONMENTAL SERVICE3 DEPARTMENT EVENT PARKING K1480VI/1 BYRlfpi AVBA~ DELAAY BEACH, RCFOA 3I1~MA 2007-200 MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: January 7, 2008 SUBJECT: AGENDA ITEM 9.D -REGULAR COMMISSION MEETING OF JANUARY 15, 2008 FY 2008 PERFORMANCE MEASURES/GOLF COURSES AND TENNIS FACILITIES ITEM BEFORE COMMISSION City Commission is requested to review and approve performance measures proposed for FY 2008 for the Municipal Golf Course, Lakeview Golf Course and the Tennis Facilities. BACKGROUND Attached are proposed performance measures for FY08 for the Municipal Golf Course, Lakeview Golf Course and the Tennis Facilities. Attached are the proposed measures and point assignments for FY08 as compared to actuals for FY07. We have again included a bonus point provision for tasks completed that exceed contract expectations, such as clean up after a hurricane. As indicated last year, after checking with our bond counsel concerning the viability of using net profit as a measure, we were told rulings have not changed and if net profit were to be used we could lose the tax free status of the bonds. Per our agreement dated September 28, 2004, paragraph 9, JCD Sports Group is eligible for up to a 15% bonus of the base payment per year based on approved performance measures. RECOMMENDATION Mr. Barcinski recommends approval of proposed performance measures for FY08 for the Municipal Golf Course, Lakeview Golf Course and the Tennis Facilities. I believe the target score on the customer satisfaction surveys is set too low. I would recommend that the target score be set close to, if not equal to, what was achieved last year. O m C O U a m m N ~ C _m O a > m J ~ Q m N V y d V C !6 L d a ti O N 0 0 6 N c ~ a` Y. 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N N J O (~ 0 O in ~' °' c O O O O O ui ~ ~ p O O 0 0 0 O O ma E O O J X o"n a~ m~ d~ N O M o M mm co E m E c c~ c~ N _T d o a ° o ~ ~ N o d a' ~ E S E N N N ~ O ~ r ~ U C H ~ ~~=~ N O N O h O ~ m _ m - m d U. m m E 0 0 rnN 0 0 m° 0 0 m° O O N c to y N O N O O J f0 N N O p U O~ C C ~~ ~~ ~~ N .- C ~- .- C O j U U M O U N> U E U E U E U m ¢ ¢co ~ ~~w ¢ ~ ¢ ¢ o M in in o ~ in o t0 (0 N E 0 O ~ ~p 0 O O O O C V O d cO N H3 Vj ~ ~ C x !0 ° V n N (n C c o ~ ~ E ` O a v E C m `o o~ ~n E n o ~ oo ~ c -O U ~ U- yj O E O C N M N ~ ry 0 p J Upl ~ ~_ E ' °' ~ c ~ ~ a o o a i ~ ~ U ~ ~ p ¢ J ~ N _d J. ~ ~+ Uj y N ~ C 0 L O N _O y C N J 0 ~ T G d m ~ o ~ ~ G ~ ~~ ~ ~ oa~ ~ J ~ i 0 ° ° n a N O 0 0~ ~ O !~ p O O O O w p `o ° ' > 3 LL~ N O ~n E m E C ~ C ~ C N T N o ` ° ° i N °~ d ~ E m E o j > > v > U C m O i C U ' ~ N C ~ O N O O O t p O O O N O 0 0 ~ N W lG . U ~ (n ~ Ol O m O O] ° N C Vi M ~O t0 ~ > > O .O N c .N- > ~ > N > M p p L L~ '- J y N L p L C L U Q o' Q ~ ~ w E E E m v i ~ ¢ Q Q 0 M 0 O 0 G O a N F co N U N ~ ~ C R U N -O m d ~~ d U ~ m x m O ,C C d O J [0 O C E N O a d N ~ O y U O ~ L ~` a ~ N U N ~ C f0 a° ~ N t J N C n ~ U N -O m d r ~ 0 U ~ x L N O L c n o J ~p O C E ~ p o a a ~ ~o N O T a l0 N N Uj U C N C (p C a E o N N ~ U O d 6 m `o axi a N III C O a d a N y 0 a t0 F- a v a ri e0 O N r MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: January 9, 2008 SUBJECT: AGENDA ITEM 9.E -REGULAR COMMISSION MEETING OF JANUARY 15, 2008 LICENSE AGREEMENT/EASTER SUNRISE SERVICE ITEM BEFORE COMMISSION City Commission is requested to approve a license agreement with St. John Primitive Baptist Church for the use of the Tennis Stadium and Tennis Center site for an Easter Sunrise Service to be held on Sunday, March 23, 2008 from 6:00 a.m. to 9:00 a.m. The City has also been requested to waive the site rental charge and other City costs. BACKGROUND Attached is a proposed license agreement between the City and St. John Primitive Baptist Church for the use of the Stadium and Tennis Center site for an Easter Sunrise Service. St. John Primitive is teaming up with St. John M.B.Church in Boynton Beach to produce this service. City responsibilities are outlined in paragraph 4 and the service producer responsibilities in paragraph 5. The agreement also provides for set up and breakdown time. Staff is recommending waiver of the $3,000 rental fee, but not the costs as listed in Exhibit A of the agreement. RECOMMENDATION Staff recommends approval of the license agreement between the City and St. John Primitive Baptist Church for an Easter Sunrise Service to be held in the Tennis Stadium on March 23, 2008 from 6:00 a.m. to 9:00 a.m., waiver of the site rental fee, contingent on the receipt of a Hold Harmless Agreement and Certificate of Liability Insurance. LICENSE AGREEMENT THIS AGREEMENT made this ls` day of January, 2008 by and between the CITY OF DELRAY BEACH, FLORIDA, a municipal corporation of the State of Florida (hereinafter referred to as "City") and ST. JOHN PRIMITIVE BAPTIST CHURCH, (hereinafter referred to as "Licensee"). WITNESSETH: WHEREAS, City owns and controls certain land upon which is located the Delray Beach Municipal Tennis Center, and hereinafter called "Tennis Center"; and WHEREAS, City has determined that it is in the public interest to enter into an agreement with Licensee for the event at the Tennis Center. NOW, THEREFORE, it is mutually agreed as follows: 1. License/Term. (a) Licensee has presented to the City that it would like to use the Tennis Stadium and access ways thereto (Tennis Center) for the sole purpose of presenting the event known as Easter Sunrise Service (hereinafter referred to as the Event). (b) The License shall be for the exclusive use of the Tennis Center from 5:00 a.m. on March 23, 2008 until 10:00 a.m. on March 23, 2008 for the event beginning on March 23, 2008 at 6:00 a.m. and ending on March 23, 2008 at 9:00 a.m. Licensee shall be allowed to set up on March 22, 2008 after 8:00 a.m. and shall remove all equipment and vacate the premises by March 25, 2008 at noon. (c) In the event that Licensee is unable to hold the Event on the date provided above due to inclement weather, the City and Licensee shall then mutually agree on another date for the Event. 2. Purpose. The parties agree that Licensee shall promote and produce the Event in a manner which complies with community standards and appeals to the interest of the general public, and use its best efforts to promote this Event at the Tennis Center. Licensee, at its sole cost and expense, shall provide management and personnel experienced in the promotion and production of the Event and for the purpose of supervising and directing Licensee's obligations under this agreement. 3. Licensee's Rights for the Event. Licensee shall have authority, subject to the provisions and limitations set forth in this agreement, to enter into contracts or agreements to put on the Event. All such contracts shall be negotiated and executed by Licensee in its name and 1 shall not be contracts and obligations of City. All contracts entered into by Licensee shall specifically contain language which provides that City is not a party to such agreement and is not obligated in any manner by any of the terms therein. 4. Facilities and Services Provided by City. Unless otherwise herein specified, City shall be responsible for, or agrees to provide, the following facilities and production assistance in connection with the conduct of and staging of the Event: (a) use of a stadium court; (b) set up of court flooring and stage not to exceed 40' x 40'; (c) parking for attendees, staff and performers; (d) all electrical, water and sewer utilities and one on-site electrician (all costs and expenses are Licensee's responsibility) for the duration of the Event and for setup; (hook-ups not included) (e) restroom facilities and supplies; (f) on and off-site directional signage; (g) on-site management; (h) all necessary permits; (i) mutually agreed upon marketing support of the Event; (j) access to utilities to include but not be limited to water/sewer, electric/lighting; (k) maintenance personnel to maintain and clean the restrooms as well as garbage pickup during and post event (Licensee shall be responsible for cost of personnel); 5. Stasin2 and Production of the Event. The organization, staging, and conduct of the Event will be the responsibility of the Licensee, which responsibilities shall include the following: (a) Administering the entire Event; and Event management (b) Providing sound and lighting systems necessary for the Event; 2 (c) Setting up the Event on-site and handling all activities of the Event, including set up and tear down of the lighting and sound systems; (d) Providing tent cover for the stage: (e) Handling promotions, advertising, sales, public relations, and program production for the Event; (fj Licensee is responsible for the cost of covering courts as set forth herein. (g) Licensee shall handle and be responsible for all security measures needed concerning the Event, to include overnight security. (h) Payment to the City of costs listed in Exhibit "A"; 6. Independent Contractor Status. It is understood between the parties that the relationship of City and Licensee is that of an independent contractor. Licensee shall have no authority to employ any person as an employee or agent on behalf of the City for any purpose. Neither Licensee or any person engaging in any work relating to Licensee's rights and obligations set forth herein at the request of or with the consent (whether actual or implied) of Licensee shall be deemed an employee or agent of City, nor shall any such person represent himself to others as an employee or agent of City. Should any person indicate to Licensee or any employee or agent of Licensee, by written or oral communication to Licensee, that the person believes Licensee or an employee or agent of Licensee to be an employee or agent of City, Licensee shall use its best efforts to correct or cause its employee or agent to correct that belief. 7. Compliance with Licensing Requirements. Licensee, prior to commencement of any activities pursuant to the provisions of this agreement, shall comply with applicable federal, state, county and City requirements, laws, rules and regulations and all licensing requirements and receive all necessary permissions, permits, approvals and licenses which are required to perform the activities of producer and promoter as set forth herein. 8. Compliance with Laws. Licensee agrees to comply with all applicable federal, state, county, and local laws and regulations regarding non-discrimination and specifically agrees not to discriminate against any person on the basis of color, race, religion, age, creed, sex, national origin or disability. 9. Event Personnel and Equipment. Licensee shall provide all personnel needed for the Event, inc]uding, but not limited to, ushers, sound technicians, stage hands, and 3 performers. Licensee shall be responsible for the installation or removal of any additional staging or sound and/or lighting which is to be utilized for the Event or any other equipment of any type or nature which is needed for the Event. Licensee shall designate a management representative in a timely manner who will coordinate the Event with the City and its designee. Licensee shall be responsible for the cost of all chair rentals that may be required and the cost of all staging, lighting and sound equipment, except as otherwise stated in this Agreement. Licensee shall be responsible for the cost of all repairs needed to the tennis center when repairs are not the result of normal wear and tear. Licensee and the City's designee shall perform a "walk through" before and after the Event. ]0. Police, Security and Emersencv Personnel. Licensee agrees to make arrangements with the City Police Department and City's designee to provide for City police personnel which the City determines, in its sole discretion, is necessary for the Event. Licensee shall pay the officers at a rate to be determined by the City based on an analysis of the number of officers available to work the event, the number of officers required by the event and other factors within the sole discretion of the City. Licensee shall, at least thirty (30) days prior to the Event, consult with the Chief of Police or his designee and the City's designee to determine the proper scheduling of security for the Event and the rate that will be applicable for the Event. Licensee may provide private security with Police Department approval. 1 L City's Risht to Control Premises. City or its designee at all times reserves the right to eject or caused to be ejected from the premises any person or persons violating (or to keep persons from violating) any of the rules or regulations of the Tennis Center or any city, county, state or federal laws, and neither the City, its designee nor of any its officers, agents or employees shall be liable in any manner to Licensee or its officers, agents or employees for any damages which may be sustained by Licensee through the exercise of this right by City or its designee. 12. Parkins, Sisnase and TrafSc Control. The City shall provide parking spaces on City owned or controlled property for the Event which the City in its sole discretion determines it can make available without adversely impacting other public parking needs. Licensee shall be responsible for obtaining all additional parking that may be necessary to provide sufficient parking for the Event, including such additional parking as may be necessary in the opinion of the City, in order to ensure adequate parking is provided for the Event. Licensee may provide onsite signage upon the prior approval of the City, which approval shall 4 not be unreasonably withheld. City shall provide traffic control, barricades and signs, as it deems necessary, in its sole discretion, and Licensee shall pay for the entire cost of providing such traffic control 13. Insurance. Licensee shall obtain insurance at its own cost and expense of the type, nature, and amount and pursuant to the terms which are set forth on Exhibit "B" which is attached hereto and incorporated herein by reference. The City and its designee shall be named additional insureds on all insurance certificates. 14. Right to Enter. City and its designee and authorized agents and employees shall have the right to enter upon the subject premises at any and all reasonable times for the purpose of inspection and observation of Licensee's operation to assure that requirements of this agreement are upheld and that no violations of the rules, statutes, ordinances or regulations have occurred or are occurring. Said inspections may be made by persons identified to Licensee as City employees or City designees authorized for such inspection or may be made by independent contractors engaged by City or its designee. Nothing contained herein shall be deemed a waiver of Licensee's obligation to hold the Event as provided in this Agreement. 15. Conclusion of Performance. All performances shall end no later than 11:00 P.M. unless otherwise approved by the City, or its designee. 16. Alterations. Licensee shall not make any alterations, additions or improvements to the Tennis Center or any part thereof without the prior approval of City or its designee. 17. Notice of Defects. Licensee shall report safety deficiencies or any defects it notices on the premises immediately to City's Risk Manager and the City's designee and shall cooperate fully with City and its designee in the investigation of accidents incurring on the subject premises. 18. Indemnification. Licensee does hereby release and agree to indemnify, defend, save, and hold harmless the City, its designees, officers, agents and employees from and against all claims, actions, causes of action, demand, judgments, costs, expenses, and all damages of every kind in nature incurred by or on behalf of any corporation, person, or governmental authority, whatsoever predicated upon injury or death of any person or loss over damaged property of whatsoever ownership, or copyright infringement arising out of or connected with, directly or indirectly, Licensee's operation pursuant to the terms of this agreement, whether or not the incident giving rise to the injury, death, loss or damage occurs within or without the premises. 5 19. Release. Licensee acknowledges and agrees that City, its designee, officers, agents and employees assume no responsibility whatsoever for any property placed in the premises provided for herein and City, its designee, officers, agents and employees are expressly released and discharged from any and all liability for any loss, injury, damage, theft, vandalism or other wrongful acts or acts of any kind or nature resulting in damage or loss to persons or property which may sustained by Licensee's use of the premises. Licensee further expressly waives any and all claims for compensation for any and all loss or damages sustained by reason of any defects, deficiencies, or impairment of the electrical or sound equipment, water supply, equipment or wires furnished for the premises or by reason of any loss or impairment of light, current, or water supply which may occur from time to time for any cause, or by reason of any loss or damage sustained by Licensee resulting from fire, water, hurricane, tornado, civil connnotion, riot, theft or other acts of God, and Licensee hereby expressly waives all right, claims and demands and forever releases and discharges City, its designee, officers, agents and employees from any and all demands, claims, actions and causes of actions arising from any of the causes aforesaid. 20. Taxes. Licensee shall pay any and all taxes levied on the property by reason of Licensee's use thereof pursuant to the provisions of this Agreement and on any personal property and improvements belonging to License located on the premises and all applicable sales, use, rental and other taxes which may be levied against its operation. 21. License Costs. a. Licensee shall pay to the City costs as listed in Attachment "A" within ten (10) days afrer the Event. 22. Tennis Center Capacity. Licensee shall not admit to the Tennis Center a larger number of persons than the approved capacity it will safely accommodate. 23. Advertisintl Revenue. Licensee shall be entitled to retain all advertising and sponsorship revenues generated by advertisers or sponsors of the Event promoted by Licensee at the Tennis Center; provided, however that the City and its designee, jointly with Licensee, shall have the right to approve all advertising and its location. 24. Waiver of Breach. Neither the waiver by City or its designee of any breach of the Agreement, condition or provision of this Agreement or the failure of City or its designee to seek redress for violation of or to insist upon strict performance of, any agreement, condition or provision, shall be considered a waiver of the Agreement, condition or provision, or any 6 subsequent breach of any Agreement, condition or provision. No provision of this Agreement may be waived except by written agreement signed by the City and Licensee. 25. Controlling Law. This agreement shall be deemed to be made and shall be in accordance with the laws of the State of Florida which will be controlling in any dispute that arises pursuant to this Agreement. 26. Entire Agreement. This Agreement constitutes the entire agreement between City and Licensee and may not be altered, amended, or modified except by an instrument in writing signed by the parties to the agreement with all the same formalities as this agreement. 27. Force Maieure, Strikes and Unavoidable Causes. City shall not be responsible for its failure to make the premises available or to provide the facilities and services described herein, where such performance is rendered impossible and impractical due to strikes, walk-outs, acts of God, inability to obtain labor, materials or services, government restriction (other than City), enemy action, civil commotion, fire, unavoidable casualty, utility disruptions or blackouts, or similar causes or any other causes beyond the control of City. 28. Sublicense and Assignment. Licensee shall not sublicense the subject premises or any part thereof or allow the same to be used or occupied by any person or for any other use than that herein specified, nor assign said Agreement nor transfer, assign or in any manner convey any of the rights or privileges herein granted without the written consent of City. Neither this Agreement nor the rights herein granted shall be assignable or transferable by any process or proceeding in any court, or by attachment, execution, proceedings, insolvency, or bankruptcy either voluntary or involuntary or receivership proceedings. 29. Notice. Any notice or communication under this agreement shall be in writing and may be given by registered or certified mail. If given by registered or certified mail, the notice or communication shall be deemed to have been given and received when deposited in the United States Mail, properly addressed, with postage prepaid. If given otherwise, than by registered or certified mail, it should be deemed to have been given when delivered to and received by the party to whom it is addressed. The notices and communication shall be given to the particular parties at the following addresses: City: David Harden, City Manager City of Delray Beach 100 N.W. Ist Avenue Delray Beach, Florida 33444 7 Licensee: Major E. Rollins, Pastor St. John Primitive Baptist Church 615 N.W. ls` Street Delray Beach, FL 33444 Either party may at any time by giving ten (10) days written notice designate any other person or entity or any other address in substitution of the foregoing to which the notice or communication shall be given. 30. City's Name/Loco The City shall have its name/logo included in all print, radio, and television advertising created by Licensee to promote the Event. 31. Subtitles and Captions. Paragraph headings are for reference purposes only and in the event that such paragraph headings conflict with any of the substantive paragraphs of this Agreement, the paragraph headings shall be disregarded. 32. Citv's Designee. For the purpose of this Agreement, the City's designee shall be JCD Sports Group, Inc. or its designee, unless the City notifies Licensee to the contrary. 33. This Agreement is not effective until signed by the City Manager. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their proper officials on the day and year first above written. ATTEST: By: City Clerk Approved as to Form: By: City Attorney CITY OF DELRAY BEACH, FLORIDA By: 8 City Manager WITNESSES: (Name printed or typed) LICENSEE By: (Name printed or typed) Fein No. (Name printed or typed) STATE OF _ COUNTY OF The foregoing instrument was acknowledged before me this day of ,200_, by ,as (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification. Signature of Person Taking Acknowledgment Name Typed, Printed or Stamped 10 EXHIBIT "A" Delray Beach Tennis Center St. John Primitive Baptist Church Easter Sunrise Service March 23, 2008 Special Event (One Day Event) Estimated Costs Tennis Center Rent Waived Utilities $500.00 Trash Removal $250.00 Clean-u Burin inc. restrooms N/A Clean-u (ost) inc. su lies $500.00 Floor Installation/Removal $250.00 Cit Electrician $500.00 $2000.00 Additional 20 x 20 Sta e East No Char e Event Coordinator/Su ervisor $25/hr TBD Maintenance Personnel $15/hr TBD Fire TBD Police TBD 11 EXHIBIT B INSURANCE REQUIREMENTS OF THE CITY OF DELRAY BEACH EVENT SPONSOR shall not commence operations under the terms of this Agreement until certification or proof of insurance, detailing terms and provisions of coverage, has been received and approved by the Ciry of Delray Beach Risk Manager. If you have any questions call (56]) 243-7150. The following insurance coverage shall be required. A. Worker's Compensation Insurance, as required by law, covering all employees and providing benefits as set forth in Chapter 440, Florida Statutes and including Employers Liability coverage, regardless of the size of your firm. EVENT SPONSOR further agrees to be responsible for employment, control and conduct of its employees and for any injury sustained by such employees in the course and scope of their employment. B. Comprehensive commercial general liability insurance to include coverage for premises and operations, independent contractors, broad form contractual liability, personal injury, and if items are sold, products and/or liquor liability, in connection with the contracmal re]ationship and activities being done under this agreement. The nolicy will be endorsed to include the City of Delray Beach and it's designees named as additional insureds. The insurance will be written on an occurrence basis with the limits of liability not less than $1,000,000.00 combined single limit per occurrence, and as an annual aggregate, covering bodily injury, property damage and personal injury. C. Motor Vehicle Liability Insurance covering all vehicles associated with the Licensee's operations to include all owned, non-owned and hired vehicles. The coverage will be written on an occurrence basis with limits of liability not less than $1,000,000.00 combined single limit per each occurrence. D. The certification r proof of insurance must contain a provision for notification to the City thirty (0) days in advance of any material change in coverage, non- renewal or cancellation. EVENT SPONSOR shall furnish to the City, Certificate(s) of Insurance evidencing insurance required by the provisions set forth above, days prior to the holding of the event. If so requested by the City, certified copies of insurance policies will be provided by EVENT SPONSOR. If any of the above coverages expire during the term of this agreement, EVENT SPONSOR will provide a renewal certificate at least ten (10) days prior to expiration. Mail to: City of Delray Beach, Attn. Risk Manager, 100 N.W. V' Avenue, Delray Beach, Florida 33444 with a copy to Assistant City Manager, 100 N.W. 1st Avenue, Delray Beach, Florida 33444 12 MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, Assistant City Attorney THROUGH: City Attorney DATE: January 9, 2008 SUBJECT: AGENDA ITEM 9.F -REGULAR COMMISSION MEETING OF JANUARY I5, 2008 SETTLEMENT OFFER IN DOMESTOIRE V. CITY CASE ITEM BEFORE_COMMISSION The Plaintiff in the case of Gislaine Domestoire v. City of Delray has offered to settle this case for $13,000.00, inclusive of attorney's fees and costs. BACKGROUND This case arises out of an auto accident that occurred on August 5, 2005. The Plaintiff was a passenger in a vehicle that was stopped at the intersection of Congress and Lake Ida Road when her vehicle was struck on the passenger side by a City vehicle. The Plaintiff has alleged injuries to her neck, back and right knee. Plaintiff has sustained medical expenses, to date, of approximately $14,700.00. The Plaintiff has also asserted that due to her injuries she will incur future medical costs. RECOMMENDATION Approve the settlement offer subject to the receipt of the appropriate releases. MEMORANDUM TO: Mayor and City Commissioners FROM: City Manager DATE: January 11, 2008 SUBJECT: AGENDA ITEM 9.G. -REGULAR COMMISSION MEETING OF JANUARY 15, 2008 COMMUNITY WORKFORCE HOUSING INNOVATION PROGRAM (CWHIP) AGREEMENT FOR VILLAGES AT DELRAY ITEM BEFORE COMMISSION We expect that the backup for this agrenda item will be distributed before the Tuesday, January 15 Commission meeting. MEMORANDUM TO: Mayor and City Commissioners FROM: Venice Cobb, Executive Assistant/Board Liaison THROUGH: David T. Harden, City Manager DATE: January 11, 2008 SUBJECT: AGENDA ITEM 9.H -REGULAR COMMISSION MEETING OF JANUARY I5, 2008 APPOINTMENTS TO THE BUDGET TASK FORCE ITEM BEFORE COMMISSION This item is before the Commission for appointments to the Budget Task Force. BACKGROUND On November 6, 2007, the Delray Beach City Commission adopted Resolution No. 63-07 establishing the Budget Task Force for the purpose of reviewing the City's budget For six (6) months and making recommendations to the City Commission regarding salaries and benefits, operating expenses, debt service expenses, capital outlay, grants to other entities and transfers to other funds. The Budget Task Force shall consist of nine (9) members. Five (5) seats on the Board must be filled with a certified public accountant, certified financial planner, investment advisor, insurance professional (may be property/casualty or health), business owner/manager or someone with an MBA or MPA degree. The remaining Four (4) members may be at large. 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 Mr. Daniel Gamdo who has an open civil citation violation regarding watering on an improper day and Ms. Patricia Maguire who has an open civil citation regarding watering at an improper time. Voter registration verification was completed and all are registered with the exception of Mr. Richard Corbin who is registered to vote in Leesburg, Florida, Mr. Keith Snider who is registered to vote in Broward County and Mr. Daniel Garrido who is registered to vote in Dade County. Based on the rotation system, the appointments will be made as follows: Expiration Date Six month term (regular member) Six month term (alternate member) Six month term (alternate member) Commissioner to appoint Commissioner Montague (Seat #4) Commissioner McDuffie (Seat #3) Commissioner Montague (Seat #4) RECOMMENDATION Recommend appointments of one (1) regular member and two (2) alternate members to the Budget Task Force for six (6) month terms. BUDGET TASK FORCE O1/Os TERM EXPIRES REGULAR MEMBERS OCCUPATION npp~ o~/os/ns Peter Arts Insurance A ent npp~ Duos/oa Investment Firm Vincent Dole Partner/MBA AppU)1/U3/OB Accounting- Howard Ellin sworth Partner/CPA Appt Ol/03/08 Todd I'Herrou Business Owner App[01/03/08 Investment Advisory- Alexander Simon President/MBA Apps Ut/03/08 Franklin Wheat Business Owner S/Ciry Clerk/Bw~d OB/Budget Tusk Yom BUDGET TASK FORCE EXHIBIT A Applicant Occupation Mark Behar Business Owner (currently serving on the Code Enforcement Board) Marlene Brown Business Owner Martin Cherry Executive Vice President-Telecomrntmications Kristen Christensen Business Owner-Financial Sen~ces (ctm~ently serving on the Civil Service Board) Richard Corbin Business Owner-President/CEO/Chartered Financial Consultant Shannon Dawson Business Owner/Real Estate Consultant Mark Denkler Business Owner-President (currently serving on the Pazking Management Advisory Board) Diane DeSantis Hoffman Business Owner Leonard Epstien Self-employed/Retired GeraldFranciosa LawEnforcement-refired (also applying for the Police Advisory Board and the Code Enforcemmnt Board) Philip Friedman Finance/Retimd/IvIBA (crurartly serving on the Nuisance Abaterrent Board) Daniel Garrido Mortgage Loan Consultant (also applying for the Gnen Task Force) Jennifer Garrison Consultant-Self employed (also applying for the Green Task Force) Alberta GarmrRickazd Project Coorduiator John I-Iallahan Assistant Director of Operations/MBA (also applying for the Police Advisory Board) Hansford Higginbotham Managemnt Executive/Financial Advisor/MA-Finance William Hirrunelrich Business Owner/President Allen Hrmtington Accormts Payable Specialist/MBA (also applying for the Green Task Force) Steven Janssen Finance/1~frInvestrrent Managerrierrt BUDGET TASK FORCE EXHIBIT A Gaston Joseph Financial Service Associate (cureently serving on the Neighborhood Advisory Council) Lynn Klein Independent Healthcare consultant/Finance/MBA Andrew Luchey Mortgage-President/Passed CPA Exam Patricia Maguire Public Relations-Editor/MBA Fran Marincola Business Owner/Semi-retired (currently serving on the Parking Management Advisory Board & the Downtown Developngnt Authority) Eileen Marks Banking-Retired (cim~ently serving on the Nuisance Abaterrent Board; also applying for the Police Advisory Board) Robert Moore Financial Management Consultant-President/MBA Jeremy Office Associate Director/Wealth Managemnt Advisor/MBA/Certified Financial Planner Michael Pazk General Counsel Jerry Rabinowitz Business Owner-Photography Albert Richwagen Business Owner Jarres Smith Finance-Retired/MBA Keith Snider Architect-President (currently serving on the Historic Preservation Board) Jess Sowards Architect-Principal HarveyStarin Real Estate Broker/IVIBA (currently serving on the Board of Adjustrrent) Warren Trilling Financial Consultant/Retired/CPA-Newyork AndrewYoungross Business Owner-EngineeringPrincipal (currently serving on the Site Plan Review and Appearance Board) MEMORANDUM TO: Mayor and City Commissioners FROM: Venice Cobb, Executive Assistant/Board Liaison THROUGH: David T. Harden, City Manager DATE: January 11, 2008 SUBJECT: AGENDA ITEM 9.I -REGULAR COMMISSION MEETING OF JANUARY 15, 2008 APPOINTMENT TO THE GREEN TASK FORCE ITEM BEFORE COMMISSION This item is before the Commission for appointment to the Green Task Force. BACKGROUND On November 20, 2007, the Delray Beach City Commission adopted Resolution No. 67-07 establishing the Green Task Force for the purpose of making recommendations to the City Commission regarding ways to improve the environmental sustainability of City programs, services, equipment and facilities; strategies for improving the environmental sustainability of the community; incentives for residents, businesses, and organizations to practice environmental conservation including recycling; proposed means to enhance water and energy conservation; ideas for promotion of tree planting and xeriscaping; and best practices to be considered for implementation in Delray Beach, including long-term strategies. The Green Task Force shall consist of seven (7) members. All members shall have expertise or an interest in environmental conservation and sustainability and shall be residents of or own property in the City, own a business within the City, or be an officer, director or manager of a business located within the City. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit "A" attached) Mr. David Hawke has submitted his application for consideration since January 3, 2008. A check For code violations and/or municipal liens was conducted. None were found with the exception of Mr. Daniel Garrido who has an open civil citation violation regarding watering on an improper day. Voter registration verification was completed and all are registered with the exception of Yalmaz Siddiqui who is registered to vote in Canada and Mr. Daniel Gamdo who is registered to vote in Dade County. Based on the rotation system, the appointment will be made by Commissioner Montague (Seat #4) For one (1) regular member to serve a six (6) month term. RECOMMENDATION Recommend appointment of one (1) regular member to the Green Task Force for a six month term. GREEN TASK FORCE 01/08 TERM EXPIRF_S RF,GULAR MEMBERS OCCUPATION npp~oi/o3/oa Project Manager/Civil Ana DeMelo Engineering npproi/es/os Business Ownex- John Koenig Restoration Services n~p~ m bus/oe Planning Technician Nancy Schneider ^r~'~ °~ ~us~08 Project Manager/Certified (Ueneral Dan Sloan Contractor/Register ed Green Certifying A en[ n~,~~ m/u3/ue Business & Project ]oseph Snider Manager/LEED Coordinator ^r~~~i/03/~~$ Graphic Operations Karla Vailliancour[ Manager S/City Clerk/aoacd Oft/Green Task bocce GREEN TASK FORCE EXHIBIT "A" Edward Bispham General Contractor & Builder Jestena Boughton Business Owner-Manager/Landscape Architect Caroline Cassidy Staff Personnel (currently serving on the Kids and Cops Committee) Wyana Claxton Psychotherapist Jeffrey Conley Business Owner-Principal/Environment Consultant Daniel Garrido Mortgage Loan Consultant (also applying for the Budget Task Force) Jennifer Garrison Consultant-Self employed (also applying fox the Budget Task Force) David Hawke Principal-Design Director/Architecture Allen Huntington Finance (also applying for the Budget Task Force) Brenda]aEfee Speech Pathology Rita Johnson Business Owner-CEO Jayne King Educator-Retired Sarah Martin Special Event Project Manager George Maso Real Estate Associate Francisco Perez-Azua Architect-President Suzanne Schenkel Natural Resources Conservation-Retired Thuy Shutt Assistant Director (cuxxendy serving on the Delray Beach Housing Authority) Yalmaz Siddiqui Environmental Strategy Advisor Barbara Jean Walsh Seminar & Training Manager John Whitfield Planner Kenneth Zeno Program Director MEMORANDUM TO: Mayor and City Commissioners FROM: Venice Cobb, Executive AssistanUBoard Liaison THROUGH: David T. Harden, City Manager DATE: January 11, 2008 SUBJECT: AGENDA ITEM 9.J -REGULAR COMMISSION MEETING OF JANUARY 15, 2008 APPOINTMENT TO THE CODE ENFORCEMENT BOARD ITEM BEFORE. COMMISSION This item is before the Commission for an appointment to the Code Enforcement Board. BACKGROUND Ms. Kelli Freeman was appointed to the Code Enforcement Board as a regular member at the City Commission meeting on January 3, 2008. This creates a vacancy for an alternate member to serve an unexpired term ending January 14, 2010. Ms. Karla Villancourt requested on 1/10/08 that her name be withdrawn from the list of applicants For this board and Albert Richwagen has since submitted his application for consideration. All members of the Code Enforcement Board must be residents of the City. Appointments to both regular and alternate member positions shall be on the basis of experience or interest in the fields of zoning and building control. The regular and alternate membership of the Board shall, whenever possible, include an architect, a business person, an engineer, a general contractor, a subcontractor and a realtor. The current board does not include an engineer, subcontractor or realtor. The following individuals have submitted applications and would like to be considered for appointment: Mackenson Bernard Gerald Franciosa and the Police Advisory Board) Pearl Markfield Elrod Business Owner-Real Estate Attorney Retired-Law Enforcement (also applying for the Budget Task Force Realtor Albert Richwagen Business Owner (also applying for the Budget Task Force) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointment will be made by Commissioner Fetzer (Seat #2) for one (1) alternate member to serve an unexpired teen ending January ] 4, 2010. RECOMMENDATION Recommend appointment of one (1) alternate member to the Code Enforcement Board for an unexpired term ending January 14, 2010. CODE ENFORCEMENT BOARD oI/os 'I'EILL1 F,XPIRES REGULAR MEMBERS OCCUPATION POSITION FILLING 01/14/2010 Susan Ka}' Case Manager Layperso^ nppr m/oz/o~ air Unexp nppr 03/OS/11~ reg 01/14/2010 StanleyBrodka Financial Layperson uncap nppr o~/~~s/oe Services/Retired Rce tell/02/07 Rc~ 01/]4/2011 Ke1liFxeeman Staffing Manager Layperson nppr m /i ~3/ua reR Unexp A\ppt 111/2/U7 alr 07/]4/2070 David Hawke, Chair Architect Architect Unexp nppr 111/07/113 Uncsp ftcgular nppr 04~15~0; Reaper m/na/na Rcn n01 /02/07 01/]4/2009 Robert Marks Construction GenexalContractox Unexp Alt nppr Ul/07/U3 Unexp Ry{ nppr 04/15/U3 Rea> rU2/07/06 01/74/2009 Anthony Veltri Retired/General Business Person nit nppr u V oz/o i Adjusrex Unexp Regular nppr in/uz/m Reappt Ul/07/03 Rea tUl/17/OG 01/14/2009 Mark Behar, Vice Chair Propexry Mgmt. Business Person ,~nrr. o~/o~/u3 aR Unexp nppr ur/o5/ua Reappt m_/a~/ne 01/14/2010 Layperson une=p nppr Vacant 01/14/2070 CUeorge Thacker Accounts Layperson uoexp nppr us/zo/o~ Manager Contact: Danise Cleckley 243-7213 S/Ciq~ Clerk/Board OS/Code Iinfomement 13oacd MEMORANDUM TO: Mayor and City Commissioners FROM: Venice Cobb, Executive Assistant/Board Liaison THROUGH: David T. Harden, City Manager DATE: January 11, 2008 SUBJECT: AGENDA ITEM 9.K -REGULAR COMMISSION MEETING OF JANUARY 15, 2008 APPOINTMENT TO THE EDUCATION BOARD ITEM BEFORE COMMISSION This item is before the Commission for appointment of a student to the Education Board. BACKGROUND There is a vacancy on the Education Board for a student member to serve a partial term ending July 31, 2009. Members of the Education Board must be a resident o€ the City, own property, own or operate a business within the City or have a child attending Delray Beach public schools. It is the intent, whenever possible, that the membership include persons with a background in business, real estate and/or education. The following individual has submitted an application and would like to be considered for appointment: Keren Eckstein Student A check for code violations and/or municipal liens was conducted. None were found. The applicant is a student and is not eligible to vote. Based on the rotation system, the appointment will be made by Commissioner Montague (Seat #4) for one (1) student member to serve a partial term ending July 31, 2009. RECOMMENDATION Recommend appointment of one (1) student member to the Education Board for a partial term ending July 31, 2009. EDUCATION BOARD 01/08 TERM EXPIRES NAMF. & ADDRESS OCCUPATION 07/31/2009 CatherineDeMatto uaerp nppr uz/zo/~n Training & Development/ Reappr u7/z4/o7 Marketin & Sales 07/37/2008 GeraldCrocilla nppr ua/m /06 Educator 07/31/2008 DebxaKaiser npprm/or,/o4 Rcappt 117/71 /116 Quali ~ Executive 07/37/2008 Kenneth Zeno nppr os/m /o~ Reappr os/o7/o7 Training Consultant/Educator 07/31/2008 Harold Van Arnem, Vice Chair Gnesp Appt 12/13/05 RcnpptlO/I 1/06 Develo er 07/31/2008 Peggy Murphy npprm/ne/oa Director of Center Rcappt 177/ I7 /11G Services/Non-Profit 07/31/2009 Susan Sikich Associate Director/Non- nppr o7/os/1>s Profit Rea rU8/07/W 07/31/2009 Sandra Tobias, Chair Unexp Appr U2/21/OG Rcvppl U7/24/07 Real Estate/Educator 07/31/2009 PexryStokes oaecpnpprm/o /oe Real>pr m/za/m Educator 07/3] /2009 Mr. Peter Raycroft Educator Onesp Appt O7 /03/08 07/31/2009 Marlo Belkin Gnenp Appt 111/03/06 Reappr 117/24/(17 Educator STUDENT MEMBERS (one term limit 07/31/2009 2 YEAR TERM Vacant 07/37/2008 Sara Mejia Student Appt 01/03/06 partial Icrm 1 YEAR TERM CITY REPRESENTATIVE: Janet Meeks -Education Coordinator 243-7231 COMMISSION LIAISON: Commissioner Fxed Fetzer (Primary b'fember) Commissioner Nelson McDuffie (Alternate Member) MEMORANDUM TO: Mayor and City Commissioners FROM: Venice Cobb, Executive Assistant/Board Liaison THROUGH: David T. Harden, City Manager DATE: January 11, 2008 SUBJECT: AGENDA ITEM 9.L -REGULAR COMMISSION MEETING OF JANUARY 15, 2008 APPOINTMENTS TO THE PARKING MANAGEMENT ADVISORY BOARD ITEM BEFORE COMMISSION This item is before the Commission for appointments to the Parking Management Advisory Board. BACKGROUND The terms for Mr. Mark Denkler, representative of the Atlantic Avenue Corridor between Swinton Avenue and the Intracoastal; Ms. Bonnie Beer, representative of Atlantic Avenue east of the Intracoastal Waterway and the State Road AlA Corridor; and Ms. Cecelia Boone, representative of the Old School Square Historic Arts District will expire on January 31, 2008. Mr. Denkler will have served one (1) full term is eligible and would like to be considered for reappointment. Ms. Beer and Ms. Boone will have served unexpired terms are eligible and would like to be considered for reappointment. The Parking Management Advisory Board was established by Resolution No. 88-97 on December 9, 1997. The purpose of the Board is to advise and provide recommendations to the City Commission regarding parking management policy and related issues including but not limited to, the planning, financing, development, construction and operation of parking facilities within the boundaries of the Transportation Concurrency Exception Area (TCEA), as well as, all public parking areas located along State Road A-1-A within the corporate limits of the City. The following individuals have submitted applications and would like to be considered for appointment: Bonnie Beer Caffe Luna Rosa Incumbent Cecelia Boone Southdale Properties, Inc. Incumbent Mark Denkler Vince Canning Shoes Incumbent A check for code violations and/or municipal liens was conducted. None were found. A check to confirm that all are registered voters was completed and all are registered. Based on the rotation system, the appointment will be made by Commissioner Fetzer (Seat #2), Commissioner McDuffie (Seat #3) and Commissioner Montague (Seat #4) for three (3) regular members to serve two (2) year terms ending January 31, 2010. RECOMMENDATION Recommend appointments of three (3) regular members to serve two (2) year terms ending January 31, 2010. PARKING MANAGEMENT ADVISORY BOARD nuns TERM MEMBERS CATEGORY EXPIRES 08/31 /09 Charles I-Ialberg P & Z Appt OS/20/07 Ratified ]0/2/07 08/01/08 David Cook Chamber of Appt o7/ts/o6 Commerce Ratifies OS/15/06 07/01/09 WilltatnBrat>i~tng CRA App[07/26/07 Ratified 08/21 /07 09/30/08 Peter Perri WARC Urap Appt OS/10/06 Ratified 07/1 t /06 Reapp[09/13/06 Ratified ]2/]2/06 08/01/08 HennanStevens DDA Urexp Appt 06/12/06 Ratified07/11 /O6 Reappt 07/20/06 Ratified 09/05/06 Ol /31 /08 Mark Denkler, Vice Chair Atlantic Avenue Corridor Appt oz/zt /c~6 Between Swinton Avenue and the Intracoastal 01 /31 /10 Alan Komblau Atlantic Avenue Corridor u~p Appt of /u3/os Between Swinton Avenue and Interstate 95 Ol /31 /08 Bonnie Beer Atlantic Avenue and State u~p Appt vs/ovm Road AIA Corridofs and lying E ast of the Intracoastal Wate 01 /31 /08 Cecelia Boone Old School Square ua~xp Appt os/u/a6 Historic Arts District Ol /31 /09 Nancy Schneider Citizen-at-Large Appt of/m/o3 Re 07/04/08 O1 /31 /09 Troy Wheat, Chair Citizen at-Large Apps 0] /06/04 Uraxp Reappt 0l/04/05 Reappt of/oz/m Contact: Scott Aronson-Parking Management Specialist Z43-%1N6 Comnvssion Liaison Commissioner Gary Eliopoulos PARKING MANAGEMENT ADVISORY BOARD ALTERNATE MEMBERS of/os TERM MEMBERS CATEGORY EXPIRES os/sl/o8 Toe Pike .apps os/is/o6 P & Z Ratified 10/3/W 08/01/08 Chamber of Commerce acant 07/01 /08 Peter Arts nppt o6/ve/a6 CRA RatRi~ w/u/o6 09/30/08 eginaldCox Urexp Appt 06/]4/06 WARC Ratifies 07/ll /06 Reappt 09/13/06 Ratified 12/12/06 08/01/08 ranMaiincola appt m/zo/o6 DDA Ratified 08/15/06 Contact: Scott Aronson - Pazking Managerrent Specialist 14'3-%lyb Commission Liaison Comfnissioner Gary Eliopoulos MEMORANDUM TO: Mayor and City Commissioners FROM: Venice Cobb, Executive Assistant/Board Liaison THROUGH: David T. Harden, City Manager DATE: January I1, 2008 SUBJECT: AGENDA ITEM 9.M -REGULAR COMMISSION MEETING OF JANUARY 15, 2008 APPOINTMENT TO THE POLICE ADVISORY BOARD ITEM BEFORE COMMISSION This item is before the Commission for an appointment to the Police Advisory Board. BACKGROUND The term for Mr. Charles Ridley expired on December 13, 2007. Mr. Ridley has served a two (2) year term and would not like to be considered for reappointment. This creates a vacancy for one (1) regular member to serve a two (2) year term ending December 13, 2009. In order to qualify for appointment, a person shall be either a resident of, own property, own a business or be an officer, director or manager of a business located within the City of Delray Beach. Membership shall include a diverse cross section of the community; business owners, religious and faith based organizations, youth, school officials and local organizations, where feasible. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit "A" attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered with the exception of Mr. Mercatur Guerrier and Mr. Samuel Menard. Based on the rotation system, the appointment will be made by Commissioner Montague (Seat #4) for one (1) regular member to serve a two (2) year term ending December 13, 2009. RECOMMENDATION Recommend appointment of one (1) regular member to the Police Advisory Board for a two year term Ot/OS POLICE ADVISORY BOARD TERM EXPIRES NAME & ADDRESS 12/] 3/09 Walter Earley ~pp~ m /os/ua 7 2/ 13/08 Annette Annechild Apps 12/ 13/05 ] 2/ 13/08 Sharon Austin npp~iz/ts/~~s 12/13/08 Joshua Bressler n,>~~ iz/~s/os 12/73/09 Joseph Ferrer App~t2/13/05 Reapp~01/03/08 72/13/08 John Jackson Apps 12/13/05 72/13/08 JoseHerrexa, Vice Chair u~~.p nppF oe/zu/u6 12/13/09 Joseph Ingram Jr. npp~ m /us/~a 12/13/09 Apps Vacant 12/13/08 Jimmy Weathexspoon npp~~z/~3/os 12/13/09 Shelly Weil npp~ m / ~ ~/o~ Reappt Ol/03/08 12/13/09 Vanessa Francois Unezp Appt 6/19/07 Reappt O7/03/08 Student 12/13/08 Gcace Maybee Unexp Appt 06/19/07 (Student) POLICE ADVISORY BOARD APPLICANTS EXHIBIT A 1. Al-Khaf 'i, Sinam Minori Resident 2. Claxton, W Resident 3. Dolan, Donald Resident 4. Dollard, Jason Resident/Business Owner 5. Feder , Bernard Resident 6. Feno 'o, Laura Resident 7. Forrest, Carl Resident 8. Franciosa, Gerald Resident 9. Guerrier, Mercator Resident 10. Flallahan, John Resident 11. LaMaru~a, G Resident 12. 'or-Ffamia, Ellen African American Resident 13. Marks, Eileen Resident 14. Maso, Geo Resident 15. Menard, Samuel Resident 16. Monahan, Matthew Resident 17. Po ilus, Anax Non-resident/Teacher 18. Prior, Linda Resident 19. Sachs, Maria Non-resident/Works in G 20. Shackrnan, Kath Resident 21. Shell, Robert Resident MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald R. Hoggard, Jr., AICP, Principal Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: January 9, 2008 SUBJECT: AGENDA ITEM 10.A -REGULAR COMMISSION MEETING OF JANUARY I5, 2008 ORDINANCE NO. 38-07 (FIRST READING/FIRST PUBLIC HEARING) 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 City Commission reviewed the proposed Ordinance on January 3, 2007 at first reading and continued the item with direction that the visual compatibility standards dealing with lot coverage and number of stories be eliminated. This has been completed and the revised Ordinance is now back before the Commission for first reading. In summary, the proposed amendments include "regulatory tools" to more clearly define what will be considered visually compatible development within the five historic districts and on individually designated sites. Visual compatibility will be determined by utilizing the specified "Visual Compatibility Standards" as contained in LDR Section 4.5.1(E)(8)(a-m). These standards include new "tools" which deal with compatibility. Standards designed to provide compatibility with respect to scale of all major development require offsets in the front facades for larger buildings. This reduces the impact of the structure on the historic streetscape and adjacent properties. Additional standards for residential uses (single family, duplexes and multifamily in all historic districts and all development, regardless of use, in the Residential Office (RO) zoning district), which are classified as "Major Development", include a "Building Height Plane" calculation to provide a way of setting back the second story wall plane from the foremost wall plane on the first story, which will provide impact relief along the streetscape and required offsets in the side facades have been added for larger buildings with two or more stories. A "First Floor Maximum Height" has been added which determines that the height from finished floor elevation to the top of the beam shall not exceed fourteen feet (14'), while the mean roof height shall not exceed eighteen feet (]8'). Residential structures with heights exceeding these limitations will be considered and reviewed as multi-story. Two "Visual Compatibility Incentives" are also proposed for all residential development applications which require compliance with the visual compatibility standards. First, the "Building Height Plane" ratio, which is specified as 2:1 within the "Visual Compatibility Standards," may be increased to 2:1.5 if open air spaces (porches, balconies, overlooks with open railings) are provided on the first or second floors, with a separation provided between floors on the front and/or sides. Second, up to 25% of the front elevation may extend into the "Building Height Plane (BHP)" provided that at least 25% of the front elevation remains one-story. The width of the portion extended into the "BHP" may not exceed a width of eighteen feet (18'). Additional proposed LDR revisions provide clarification that in addition to the zoning district regulations, the Historic Preservation Board may apply other standards to achieve visual compatibility within the City's historic districts. A new "Visual Compatibility Standard," titled "Architectural Styles," has also been added, which requires all development proposals to be consistent with one architectural style and not introduce various elements from different styles within one development. Finally, the language within the existing Delray Beach Historic Preservation Design Guidelines, which provides guidance towards the appropriate design of additions, has been added as a "Visual Compatibility Standard." A complete summary of the changes is included in the attached Planning and Zoning Staff report. REVIEW BY OTHERS • The Downtown Development Authority (DDA) reviewed the amendments at its December 10, 2007 meeting and unanimously recommended approval. • The West Atlantic Redevelopment Coalition (WARC) reviewed the amendments at its December 12, 2007 meeting and unanimously recommended approval. • The Community Redevelopment Agency (CRA) reviewed the amendments at its December 13, 2007 meeting and unanimously recommended approval. • The Planning and Zoning Board considered the amendments at its December 3, 2007 meeting, and continued the item. On December 17, 2007, the Board unanimously recommended approval (5 to 0) of Ordinance 38-07, by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. • The Historic Preservation Board (HPB) considered the amendments at its December 6, 2007 meeting, and continued the item. The Board recommended approval of the Ordinance by a 4 to 1 vote on December 19, 2007. Since both the Planning and Zoning Board and the Historic Preservation Board originally continued the item, staff was able to present the proposed ordinance at their meetings highlighting the initial differences supported by the two Boards. After discussion of these differences at the meetings, both Boards recommended approval of the current ordinance as presented to the City Commission, with one exception dealing with garages and carports. Section 4.5.1(E)(3)(a)(2)(i), located on page 14 of the ordinance, originally read as follows: i. The orientation of garages and carports shall be consistent with the majority of such structures within the district. Garages and carports are encouraged to be oriented and entered from the side or rear and out of view from the public right of way. The Planning and Zoning Board felt that there could be a direct conflict between the first and second sentences and recommended elimination of the first sentence. The Historic Preservation Board wanted to retain the first sentence, but also recognized the potential conflict. To address this issue, it was decided at the meeting to reword the section as follows: i. Garages and carports are encouraged to be oriented and entered from the side or rear and out of view from the public right of way. However, if this is not possible, the orientation of garages and carports shall be consistent with the majority of such structures within the district. This language, which was supported by the Historic Preservation Board, addresses concerns over conflicts expressed by the Planning and Zoning Board. RECOMMENDATION By motion, approve on first reading Ordinance No. 38-07 for 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, 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 2.45(M) of the Land Development Regulations. ORDINANCE NO. 35-U7 AN ORDINANCE OF THF. CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIllA, AMENDING THE LAND DEVF.LOPMEN'1' REGULATIONS OF THE CITY OF DF.LRAY BEACH BY AMENDING SECTION 2.4.6, "PROCEDURES FOR OBTAINING PERMITS", SUBSECTION 2.4.6(H), "CER'T'IFICATE OF APPROPRIATENESS FOR HISTORIC STRUCTURES, SITES, AND IN HISTORIC DISTRICTS", PROVIDING CLARIFICATION OF THE REQL`IREIVIF.N'I'S AND PROCEDURES FOR OBTAINING A CERTIFICATE OF APPROPRIATENESS; AMENDING SECTION 3.2.4, "STANDARDS FOR SPECIFIC AREAS OR PURPOSES", SUBSF.C'1'lON 3.2.4(E), "HISTORIC DISTRICTS AND SITES", PROVIDING FOR AND INCORPORATING THE DF.LRAY BEACH HISTORIC PRESERVATION DESIGN GUIDELINES AND THE SECRETARY OF THE INTERIOR'S STANDARDS FOR REHABILITATION; AMENDING SECTION 4.1.4, "USE OF LOTS OF RECORD", TO PROVIDE FOR VARIANCF,S; AMENDING SECTION 433, "SPECIAL REQUIREMENTS FOR SPECIFIC USES", SUBSECTION 433(Q), "GUEST COTTAGE",'I'O PROVIDE THAT HEIGHT SHALL NOT EXCEEll THAT OF THE MAIN S'T'RUCTURE IN HISTORIC DISTRICTS; AMENDING SECTION 4.4.77, "RESIDENTIAL OFFICE (RO) DISTRICT", SUBSECTIONS 4.4.17(A), "PURPOSE AND INTENT", AND 4.4.17(G), "SUPPLEMENTAI. DISTRICT REGULATIONS", PROVIDING PARKING REQUIREMENTS POR CONVERSION OP RESIDENTIAL STRUCTURES INTO OFFICE USE IN HISTORIC DISTRICT1"S; AMENDING SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ART'S DISTRICT (OSSHAD)", SUBSECTIONS 4.4.24(D), "CONDITIONAL USES AND STRUCTURES ALLOWED" AND 4.4.24(H), "SPECIAL DIS"1'RICT REGULATIONS", CLARIFYING 'PHAT PARKING LOTS NOT ASSOCIATED WITH A USE MUST BF. PUBLIC AND CLARIFYING SPECIAL DISTRICT REGULATIONS; AMF.NllING SF_CTION 4.5.1, "HISTORIC PRESERVATION SITES AND DISTRICTS", SUBSECTIONS 4.5.](13), "CRITERIA FOR DESIGNATION OF HISTORIC SITES OR DISTRICTS", 4.5.7 (E), "DEVELOPMENT STANDARDS", AND 4.5.1(L), "DESIGNATION OF HISTORIC DISTRICTS", BY CLARIFYING THE APPLICATION OF DEVELOPMENT STANDARDS WITH RESPECT TO USE, ZONING DISTRICT AND HISTORIC CLASSIFICATION; ANll AMENDING APPENDIX "A", "DEFINITIONS", TO PROVIDE. A NF.W DEFINITION FOR "HARDSCAPE", AND TO PROVIDE AMENDED DEFINITIONS REL.A'I'ED TO HISTORIC PRESERVATION; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFF.C`I'IVE DATE. WHERF,AS, the City Commission of the City of Delray Beach has the authority to protect the health, safety and welfare of its citizens; and WHEREAS, the City Commission of the City of Delray Beach has the authority to make regulations pertaining to land use and development within the City of Delray Beach; and WHEREAS, the Ciry Commission of the Ciry of Delray Beach believes that protecting and preserving historic properties/districts furthers its goals of promoting health, safety and welfare by preserving the history of the City for the welfare of future generations; and WHEREAS, the City Commission of the City of Delray Beach desires to preserve the property values of all land owners in historic districts and/or individually designated historic properties; and WHEREAS, the City Commission of the City of llelxay Beach desires to clarify the language in its Land Development Regulations pertaining to historic properties/districts in order to provide guidance for those citizens that live ox own property in historic properties/districts. WHEREAS, the City Commission desires and intends for the Historic Preservation Board to have wide discretion to limi[ overlay and zoning district requirements fettered by the limitations provided in this ordinance pertaining to visual compatibility standards inchiding 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 Preservation Design Guidelines codified in this ordinance shall provide additional limitations that may be considered and applied to peopexdes within all historic districts in the City of Delray Beach. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMNLISSION OF THE CITY OF llELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 2.4.6, "Procedures for Obtaining Permits", Subsection (H), "Certificate of Appropriateness fox Historic Sites, Structures and in Historic Districts", 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 2.4.6 Procedures for Obtaining Permits: (H) Certificate of Appropriateness for Individually Designated Historic Structures, Sites and all Properties Located within in Historic Districts: 2 ORD. NO. 38-07 (1) Rule: A Certificate of Appropriateness shall be required for the following activities which occur on a designated historic site, designated historic interiors, or within designated historic districts: a ~~ ({~)~ Any development application which is processed under these regulations for which action is required by the Site Plan Review and Appearance Board or the Board of Adjustment; and in such case, the Historic Preservation Board shall act in-lieu of such Board. (~}~ Any building, structure, appurtenance, improvement, or landscape feature, which will be erected, altered, restored, renovated, excavated, relocated, or demolished and which regards any exterior architectural features (and interior architectural features in the case of designated historic interiors), landscape features, or site improvements, except far those items specifically exempted by a list promulgated by the Director. aAny material change in existing walls, fences, sidewalks, hardscane features and changes of color. A Certificate of Appropriateness is not required for general, occasional maintenance of any historic building, interior, structure, or site, or any building or stmctuxe within a historic district or in kind replacement of materials or colors. General, occasional maintenance shall include, but not he limited to lawn and landscaping care and minor repairs that restore or maintain the historic site or current character of the building ox structure. General, occasional maintenance shall not include any of [he activities described and defined in divisions (1) (a) through (1) {Aj~1 of this Section. A Certificate of Appropriateness will not be required for -:.-_ .:. ., a..._,... c~_ a,.:_..,.,,a t.:..,...:,. i..«.~°aj constmcdon, reconstruction, restoration, renovation, or demolition for any interior alteration (except for designated historic interiors). General, occasional maintenance and repair shall also include any ordinary maintenance which does not require a building permit from the City. (2) Requited Information: YY,.,...~.,..,.. w.,... 3 ORD. NO. 38-07 {4~j(al Stand ~}ene Application: When an item goes before the Historic Preservation Board or is reviewed administratively and it is not associated with any la nd development application, the following information in the form of photographs or plans shall be provided. as applicable: (ej 1. Site plan and/or survey; 2. Building elevations, and/ox architectural drawings, and/ox artistic sketches or renderings; (e) 3. Landscaping plan; (#j 4. Floor plan(s); fgj 5. Samples of building materials and color chips; {hj 6. Engineering reports; as-a~liexk~le; 7 {~ . P-reseraatiei~ea~ Demolition Plans 8. Window and door schedule providing specifications. to include but not be limited to, window tybe, material, configuration. dimensions, and profile drawings: 9. Photographs of all existing elevations of the subject property. labeled with cardinal direction and address: 10. Other materials as ma}' be requested b}~ the Planning and Zoning Department or Historic Preservation Board. Also, a standard C~Pr COA application form, accompanied by payment of a processing fee per 2.4.3(x) must be provided. (bl Class I - Class V Site Plan Abulications: Anblications for Class I- Class V Site Plans shall be submitted in accordance with Section 2.4.3 in conjunction with the applicable information required for a COA provided in U, above. (3) Procedure: ORD. NO. 38-07 (~f~ Srand--Alene Applications Reviewed by the Historic Preservation Board: An applicatio^ for a COA ~.^.°. --'~~~'~ '~°° that requires Board approval, as provided in the COA approval matrix set forth in the Delray Beach Historic Preservation Design Guidelines. as amended from time to time, shall be scheduled for review and action at the next available meeting of the Historic Preservation Board, at which time an action of approval, dea;n', ~n approval of a modified application. continuance with direction or denial may be taken. The Historic Preservation Board shall apply applicable ordinances. Delray Beach Historic Preservation Design Guidelines and the Secretary of the Imerior's Standards fox Rehabilitation. (bl Administratively-Reviewed Applications: An application for a COA which does not require approval by the Historic Preservation Board as nxovided in the COA approval matrix. as amended from time to time. set forth in the Delrav Beach Historic Preservation Design Guidelines may be approved administrativel}'in accordance with applicable ordinances Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. (4) Conditions: Conditions may be imposed pursuant to 2.4.4(C) and to insure compliance with the Standards contained in 4.5.1. (5) Findings: m~. n~ _a .,, ...,._i_ Prior to approval. a finding must be made that any Certificate of Appropriateness which is to be approved is consistent with Historic Preservation purposes pursuant to Objective A-4 of the Land Use F,lement of the Comprehensive Plan and specifically with provisions of Section 4.5.1, the Delray Beach Historic Preservation Design Guidelines and the Secretary of the Interior's Standards for Rehabilitation. Section 2. That Section 3.2.4, "Standards or Specific Areas or Purposes", Subsection 3.2.4(E), "Historic Districts and Sites", 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 3.2.4 Standards for Specific Areas or Purposes: (E) Historic Districts atzd-Sites: That the proposed development is consistent with the purpose and provisions of the Historic Preservation Overlay District pursuant to LDR Section 4.5.1. and the Delray Beach Historic Preservation Design Guidelines and the 5 ORD. NO. 38-07 Secretary of the Interior's Standards for Rehabilitation Section 3. That Section 4.1.4, "Use of Lots of Record", of the Land Development Regulations of the Code of Ordinances of the City of Delra}' Beach, Florida, is hereby amended to read as follows: Section 4.1.4 Use of Lots of Record: Any lot, or parcel, which qualifies as a lot of record as set Eorth in these Regulations, but which does not comply with respect to minimum lot area and minimum lot dimensions specified fox the zoning district in which it is located, may nevertheless be used (for pucposes as allowed in that zoning district), as long as it complies with all other requirements of that zoning district, subject to the following limitations: (A) Duplex and multiple family structures may not be constructed on a lot which has an area Tess than that provided fox as the minimum lot area within the zoning district. (B) A residential structure shall not be constructed on any lot, within a residential zoning district, which has frontage of less than fifty feet (50~. However, this provision shall not prevent construction of a residential stmcmre on a Single Family Lot (ox Parcel) of Record which conforms with all other aspects of minimum lot size requirements but which has no frontage. Further, such a Lot of Record with no suitable access may achieve private access Eox a single family residence and similar uses by means of a nonpublic (private) access easement. (C) Except for single family residences subject to the R-1-A (Single Family Residential) zoning district standards, if two (2) ox more adjoining lots (ox combination of lots and portions of lots) of record were under the same ownership as of October 18, 7994, and if the total frontage and the total area is equal to or greater than that which is required by the zoning district regulations, said property shall not be developed except in accordance with the minimum frontage and lot area requirements of the district Ownership shall be determined by the property tax rolls on file in the Palm Beach County Property Appraiser's Office as of October 18, 1994. Notwithstanding the above, a waiver to this requirement may be granted by the City Commission pursuant to the provisions of LDR Section 2.4.7(B). Notice of the request shall be provided pursuant to Section 2.4.2(B)(1)(n) to the owners of all property located within five hundred feet (500 of the perimeter of the property on which the waiver is being sought. The notice shall be mailed no later than ten (10) calendar days prior to the meeting before the City Commission. For properties located within designated historic districts, or designated as historic sites, or properties listed on the Local Register of Historic Places, the Historic Preservation Board shall review the request prior to the City Commission meeting and shall forward its recommendation on the request to the City Commission. Notification of the 6 ORD. NO. 38-07 request shall be as described above, except that the mailing of the notices shall occur no later than ten (]0) calendar days prior to the meeting before the Historic Preservation Board. (D) Within the R-1-A, RL and RM zoning districts, lots of record having at least forty (40) feet of frontage may be used Eor Workforce Housing, as long as the workforce housing unit meets the typical designs represented by the sketches set forth in Section 4.7.12(x), the lot is a minimum of 4,000 square feet and conforms to setbacks; provided, however, the minimum side setback may be reduced to a minimum five feet (5~ if necessary to accommodate the designs set forth in Section 4.7.12(x) and meets other development standards in the zoning district. The Workforce Housing unit on a lot with frontage as herein described must include rear access via an alley, if available. The unit 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. ~Fl Variances for lot size dimensions and frontage and building setbacks and minimum floor area may be granted fox the relocation of a historic structure onto a lot in order to protect the structure if the relocation lot is not individually designated hiswxic or located within a historic district then an individual historic designation shall be required in accordance with Section 4 5 1(~ and shall be reviewed concurrently therewith in order for a ~ ariance to be granted All variance requests fox relocation of histoeie structures must be submitted to the Historic Preservation Board in accordance with Sections 4.5.1 (D) and 1 for consideration. Section 4. That Section 4.3.3, "Special Requirements for Specific Uses", Subsection 4.3.3(Q), "Guest Cottage", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: (Q) Guest Cottage: (1) Can only be used by members of the family occupying the principal dwelling, their nonpaying guests, or persons employed for service on the premises. (2) The guest cottaee st-Mare shall not occupy more than 7/20`" of the lot area and in no case shall exceed a floor area of 700 square feet. (3) The stmcture shall be located to observe the setback requirements as imposed Eor the principal structure. (4) When located on individually designated historic properties ox within designated historic districts the structure shall not exceed the height of the principal structure. ORD. NO. 3&-07 Section 5. That Section 4.4.17, "Residential Office (RO) District", Subsections 4.4.17(A), "Purpose and Intent" and 4.4.17(G), "Supplemental District Regulations", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, are hereby amended to read as follows: Section 4.4.17 Residential Office (RO) District: (A) Purpose and Intent: The Residential Office (RO) District provides for mixed use of a neighborhood office and residential nature. The RO District is appropriate as: (1) A transitional land use between a commercial or industrial area and a residential area. (2) An incentive zoning in older residential areas which axe in the need of redevelopment or revitalization or axe in a state of transition. (3) To accommodate professional offices which will meet needs of nearby neighborhoods. (41 An incentive zoning designation for historic districts and/or individually designated historic pxooerties to provide for the rehabilitation of residential structures into office use. (G) Supplemental District Regulations: The supplemental district regulations as set forth in Axdcle 4.6 shall apply except as modified and added pursuant to the following: (1) All uses shall be in completely enclosed buildings and any outdoor storage is expressly prohibited. (2) Parking required for business and professional offices shall be at the standard of one space per three hundred square feet of total floor area (7/300). However, this requirement may be reduced to 1/400, ox at least by one parking space, when there is a mix of residential and office use in the same strucmrc or for an existing strucmrc on a pxooert~located within a designated historic district or an individually designated historic site. Section 6. That Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)", Subsections 4.4.24(D), "Conditional Uses and Structures Allowed" and 4.4.24(H), "Special District Regulations", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, axe hereby- amended to read as follows: Section 4.4.24 Old School Square Historic Arts District (OSSHAD) (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the OSSHAD: 8 ORD. NO. 38-07 (1) Outdoor dining which operates at night or which is the principal use or purpose of the associated restaurant. (2) Adult Congregate Living Facilities, Residential Licensed Service Provider Facilities subject to restrictions set forth in Section 4.3.3(D), Child Caxe, Adult Day Care, Continuing Care, Convalescent Homes, and Nursing Homes. (3) Public Parking lots not associated with a use. (4) Residential-type inns, not to exceed more than eighteen (18) individually leased suites or rooms per acre. (5) Group Home, Type 2, and Community Residential Homes, pursuant to restrictions set forth in Section 4.3.3(I). (H) Special District Regulations: (1) The gross floor area of residential units within a structure containing permitted non-residential use(s) shall not use exceed ~n 50% of the gross floor area of the entire structure within which they are located. (2) Residential uses shall comprise no less than 10% of the uses in the OSSHAD District as expressed by the exclusive use of individual parcels, other than condominium ownerships. The existence of an occupational license, except for one issued fox a home occupation, shall establish that such a parcel is non-residential. (3) Residential-type inns shall create a transitional or buffer area between residential uses and non residential uses (such as of£ce, commercial, etc.) which are either on or near the subject property. (4) A residential-type inn shall be associated with an historic structure and must be residential in design, scale and character. (5) Catering services cannot exceed 2,000 sq. ft. of total floor area and shall not have overnight storage of more than two vehicles, which shall not exceed 1- 1/2 ton capacity. (6) 24-Hour ox late night businesses as defined herein must be processed as a conditional use and are subject to the provisions of Section 4.3.3(VV). (7) Duplex structures must have an integrated design to give the appearance of a single family dwelling. Section 7. That Section 4.5.1, "Historic Preservation Sites and Districts", Subsections 4.5.1(B), "Criteria for Designatio^ of Historic Sites or Districts", 4.5.1(E), "Development Standards", and 4.5.1(L), "Designation of Historic Districts" of the Land Development Regulations ORD. NO. 38-U7 of the Code of Ordinances of the City of Delray Beach, Florida, are hereb}' amended to read as follows: Section 4.5.1 Historic Preservation Sites and Districts: (B) Criteria for Designation of Historic Sites or Districts: (1) To qualify as a historic site, e~histoxic district, historic structure, or historic interior, individual properties, structures, sites, or buildings, or groups of properties, structures, sites, or buildings, must have significant character, interest, or value as part of the historical, cultural, aesthetic, and architectural heritage of the city, state, or nation. To qualify as a historic site~e~ historic distric[ or historic structure, the pxoper[y or properties must fulfil] one or more of the criteria set forth in division (2) ox (3) below; to qualify as a historic interior, the interior must fulfill one or more of the criteria set Eorth in division (2) and meet the criteria set forth in divisions (3) (b) and (3) (d). (2) A building, structure, site, interior, ox district will be deemed to have historical ox cultural significance if it meets one or more of the following criteria: (a) Is associated in a significant way with the life or activities of a major person important in city, state, or national history (for example, the homestead of a local founding family); (b) Is the site of a historic event with significant effect upon the city, state, or nation; (c) Is associated in a significant way with a major historic event, whether cultural, economic, social, military, ox political; (d) Exempli9es the historical, political, cultural, economic, or social trends of the community in history; ox, (e) Is associated in a significant wa}' with a past or continuing institution which has contributed substantially to the life of the city. (3) A building, structure, site, or district is deemed to have architectural or aesthetic significance if it fulfills one or more of the following criteria; except that to qualify as a historic interior, the interior must meet the criteria contained within divisions (3)(b) and (3)(d): 10 ORD. NO. 38-07 (a) Portrays the environment in an era of history characterized by one ox more distinctive architectural styles; (b) Embodies those distinguishing characteristics of an architectural sryle, period, or method of construction; (c) Is a historic or outstanding work of a prominent architect, designer, landscape architect, or builder; or (d) Contains elements of design, detail, material, or craftsmanship of outstanding quality or which represented, in its time, a significant innovation or adaptation to the South Florida environment. (4) A building, stmcture, site, interior, or district will be deemed to have historic significance if, in addition to or in the place of the previously mentioned criteria, the building, structure, site, or zone meets historic development standards as defined by and listed in the regulations of and criteria for the National Register of Historic Places, as prepared by the United States Department of the Interior i-atertet under the Historic Preservation Act of 1966, as amended. A copy of these standards for the National Register is made part of this section as if fully set forth herein. (F) Development Standards: All development regardless of use within goals, objectives, and policies of the Comprehensive Plan, these regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretan~ of the Interior's Standards fox Rehabilitation. (1) Exterior Architectural Features. For the purpose of this Section, exterior architectural feamxes u+tl] shall include, but not be limited to the following: (a) The architectural style, scale, general design, and general arrangement of the structure's exterior; (h) The type and texture of building material; and (c) The type and style of all roofs, windows, doors, and signs. Major and Minor development: Fox ~umoses of this section, major 11 ORD. NO. 38-07 and minor development standards shall be applied as noted in the following table: Revie Type by Use and Zonis District ModiRcarion vCNmr-Cmm~bvcive Zn~e Ncv Modificaeion o[Covccibvdng Semcruma ~ 9m a ~ Disrdg Gnnsvuc Under 25% Ovec 25% Undec 25% Over 25°/. ~iWfi-Y'amilc AIlmn d[nr d1,n r ~ICVS ~I-no CBD&CP ~t iRcd Icn nl df In ALn N n thin 16n Rd-A R-0-AA Sin ~I~Pamily Du Icrc V1o ur Nlnor :A1 a'o AI'n Aldor BO.OSSHAD. Ahdn-Vnmll AI i1 Yflno Mn or Nn~ ,Af a'or RL & 2M Vin-Ru: Icr ti' I AIn^r M nor Maur Sfln~ Mn nr Notes: 1. All d 1 pin t ~ d- ~ i 11~_}; t i Rr~I' 11 ~ ~ P di t ~ ~ M' r 2. Alld 1 p t_p n [ ~ th (~SSHADd t ~ t h' h bj rt CBD ~ 1 f {~ rt 5.~ 4424B1 (121 is Minor. dal For the purooses of this section "residential" includes single family, duplexes and multifamily in all historic districts and all development regardless of use in the Residential Office (ROB zoning district. Major development shall be considered• 1 New construction in all historic districts except CBD and CF zoned properties and properties zoned OSSHAD submit to CBD design~vuidelines: ox . 2. The construction, reconstruction, or alteration of in excess of twenty-five percent (25%~of the existing floor area of the building, and all appurtenances, except for properties zoned CBD or CF and properties zoned OSSHAD subject to CBD desien guidelines For purooses of this section all limitations and regtlatons shall be reviewed in a cumulative manner from the date of passage of this ordinance in 2008: or, 3 The construction reconstruction. or alteration of any mart of the front facade of an existing contributine residential or non-residential structure and all ~urtenances except fox properties zoned CBD or CF and properties zoned OSSHAD subject to CBD desigt~euidelines Fox purooses of this section all limitations and regulations shall be reviewed in a 12 ORD. NO. 38-07 cumulative manner from the date of passage of this ordinance in 2008. (c) Minor development shall be considered: 1. All new construction in all historic districts on property zoned CBD and CF as well as atl prop_~tties in the OSSHAD zoned district subject to the CBD des~,n guidelines: or, 2. All modifications to existing contributing and ^oncontributing structures in all historic districts on pxopext;~ zoned CBD and CF as well as all properties in the OSSHAD zoning district sub~ct to the CBD Design Guidelines; ox, 3. The construction, reconstruction. or alteration of any part of the front fa4ade of an existing noncontributine residential ox non-residential structures and all appurtenances: or. 4. The construction. reconstruction. or alteration of less ' than twenty-Eve percent (25%~of the existing floor area of the buIlding and all appurtenances. For purposes of this section, all limitations and regulations shall be reviewed in a cumulative manner from the date of passage of this ordinance in 2008. 5 Any chanties to Individually Historically Designated properties. whether already on site or newly designated, to help facilitate the move of a historic structure into a historic district. {2)(3) Buildings, Structures, Appurtenances and Parking. eke--€elle~ir~g Buildings, structures. appurtenances and parkine shall only be moved, reconstructed, ahcred, or maintained, in accordance with this chapter, in a manner that will preserve the historical and architectural character of the building, stmcmre, site, or district: ~(~ oa " Appurtenances: Appurtenances includes, but is arc not limited to, stone walls, fences, light £xmres, steps, paving, sidewalks, signs, and accessory structures. 13 ORD. NO. 38-07 1. Fences and Walls: a. Chain-link fences shall be clad.. in a Breen ox black vinyl and shall only be used in rear yards. ox where they are not visible from the street. b Swimmi~ pool fences shall be designed in a manner that integrates the layout with the lot and stmcmres without exhibiting a utilitarian or stand-alone appearance. c Fences and walls over four feet (4~ shall not be allowed in front or side street setbacks. d All other provisions in Section 4 6 5 shall apply. 2. Garages and Carports: a The following compatibility standards shall apps for major development where applicable: i Garages and carports are encouraeed to be oriented and entered from the side ox rear and out of view from the public right of way However. if this is not possible the orientation of Qaraees and carports shall be consistent with the majority of such strucmres within the district. ii Garage doors should be designed to be compatible with the architectural style of the princ~ppal structure and include individual openings for vehicles rather than two car expanses of doors Metal two car garaee doors are discouraeed. (bl Parking: 1 Where feasible alternative methods of meetine minimum parking standards contained in Sections 14 ORD. NO. 38-07 4 6 9(Cl(81 and/or 4 6.9(E). as applicable, shall be explored to avoid excessive use of historic properties and/ox properties located in historic districts for parking Parkinu lots shall strive to contribute to the historic nature of th~roperties/districts in which they are located by use of creative design and landscape elements to buffer p_axking areas from historic structures At a minimum. the following options shall be considered: a Locate parking_adiacent to the building or in the rear. b Screen harking that can be viewed from the public right-of--way with fencing, landscapine, ox a combination of the two pursuant to Section 4.6.5. c Utilize existing alleys to provide vehicular access to sites. d. Construct new curb cuts and street side driveways only in areas where theF are appropriate ox existed historically. e Use appropriate materials for driveways such as concrete poured in ribbons. f Avoid wide driveways and circular drives. 2. Waivers may be ~xanted_bv the Historic Preservation Board for relief from the number of parking spaces rewired in Section 4 6 9 upon presentation of confirmation that adequate parking for a proposed use may be achieved by alternate means which are found to be in keepine with the provisions and intent of the Delray Beach Historic Preservation Design Guidelines. {3j ~ Alterations. In considering proposals fox alterations to the exterior of historic buildings and structures and in applying development and preservation standards, the documented, original design of the building may be considered, among other factors. 75 ORD. NO. 38-W (4) ~ Standards and Guidelines. A historic situ building, structure, site, improvement, or appurtenance within a historic district shall orilv be altered, restored, preserved, repaired, relocated, demolished, ox otherwise changed in accordance with the Secretary of the Imerior's Standards fox Rehabilitation and the Delray Beach Historic Preservation Design Guidelines, as amended from time to time. ~ ~ Relocation. Relocation of historic buildings and strucmres to other sites shall not take place unless it is shown that their preservation on their existing or original sites is not consistent with the purposes of this Section ox would cause undue economic hardship to the property owner. (Fi) ~ Demolition. Demolition of historic situ or axchaeolo},dcal sites, ox buildings, stmctures, improvements, and appurtenances within historic districts quill sha 1 be regulated by the Historic Preservation Board in the manner described in Section 4.5.1(F~. Demolition of and structure_ whether contributing or non- contributing, shall not occur until a building~ermit has been issued for the HPB that in which it existed at time of application unless the ('hief Building Official deternunes that an unsafe building condition exists in accordance with Section 4.5.1(Gl. rr a (8) Visual Compatibility Standards. New constmction and all ,411 improvements to both contributing and noncontxibutin¢ buildings, structures and appurtenances thereto within a designated historic district or on an individually designated propertTshall be visually compactible. In addition to the Zoning District Reeulations_ the Historic Preservation Board shall apply the visual compadbility standards provided for in this Section with regard to height. width, mass. scale. facade. ~enings rhythm material color texture roof shape direction lot coverage and 1 G ORD. NO. 38-07 shall be determined by utilizing criteria contained in (aL(m) below. Visual compatibility Eor all development on individull~ designated properties outside the district shall be determined b~~arison to other stmcmres within the site. Visual ,, c .t.,, c~n ~._r.. ~ ,..:.,,_:,. (a) Height: The height of proposed buildings ox modifications shall be visually compatible in comparison or relation to the height of existing stmcmxes and buildings in a historic district fox all major and minor development. Fox major development, visual compatibiliri~ with respect to the height of residential structures as defined by 451(F.)(21(a1. shall also be determined through application of the followine: 1 Building Height Plane (BHPI: The building hei}~ht plane technique sets back the overall height of a building from the front ~xopext;~ line. a. The buildine height plane line is extended at an inclined angle from the intersection of the front ,, a~pxonexty line and the average grade of the adjacent street along the lot frontage. The inclined angle shall be established at a two to one (2 1) ratio. See illustxadon below. we ooL~ ,.y~z :ts .-. z~>~" /. ~~ -s ~auc zs c'. s:: c 3CILUING HEIG~1 FLAN. f,' 2.i -3n1'IC b. A structure relocated to a historic district or to an individually designated historic site shall be exempt from this requirement. 17 ORD. NO. 38-07 2. First Floor Maximum Height: a Singe-story ox flxst floor limits shall be established bv: i Height from finished floor elevation to too of beam (tie or bond) shall not exceed fourteen feet (74'1. u Mean Roof Height shall not exceed eighteen feet (18'L iii. Any portion exceeding the dimensions described in i. and u above shall be considered multi-story structures. iv. See illustration below: ~2 RDOFPITOH MAY VARY ~ __.. ~`^MEAN ROOF MT. ~"-TOP OF BEAM x x 5 ,_ io d "e ~ F.F.E. v Sections i and ii .above may be waived the Historic Preservation Board when appropriate based on the architectural style of the buildine. 3 UFper Stor~Height: a Height from finished floor elevation [o finished floor elevation or top of beam (tie or bond) shall not exceed twelve feet (12'l. (b) Front Facade Proportion: The front facade of each building or structure shall be visually compatible with and be in direct relationship to the width of the building and to the height of ig ORD. NO. 38-07 the front elevation of other existine stmemres and buildings within a the su iect historic district. c) Proportion of Openings (Windows and Doors): The openings of any building within a historic district shall be visually compatible with the openings exemplified by the prevailing historic architectural styles of similar buildings within the district. The relationship of the width of windows and doors to the height of windows and doors among buildings - °'-~-~.at shall be visually compatible within the subject historic district. (d) Rhythm of Solids to Voids; ;':a: ` ~~-a~s: The relationship of solids to voids ~-- `'-~-a,~-a`on~~e of a building or structure tui11 shall be visually compatible with '-~ ~--• r _ a,. _c existir~ historic buildings or structures within the subiect historic district for all development with particular attention paid to the front facades. (e) Rhythm of Buildings on Streets: The relationship of buildings to open space between them and adjoining buildings shall be visually compatible with the relationship between exisdn historic situ buildings; or structures within a the subiect historic district. (f) Rhythm of Entrance and/or Porch Projections: The relationship of entrances and porch projections to the sidewalks of a building shall be visually compatible with the gaesaleta existin architectural styles of entrances and porch projections on exhting historic sites; buildings; and structures within a the subiect historic district fox all development. (~ Relationship of Materials, Texture, and Color: The relationship of materials, texture, and color of the facade of a building and/or hardscaping shall be visually compatible with the predominant materials used in the historic-sttc~ buildings; and strnctures within a the subject historic district. (h) Roof Shapes: The roof shape including type and slope. of a building or structure shall be visually compatible with the roof shape of exlstine a-historic~ite-, buildings, ox structures within the subject a-historic district. The roof shade shall be 19 ORD. NO. 38-07 consistent with the architectural style of the bullding. (i) Walls of Continuity: scteh--RS wWalls, avrac~ht-iresr, fences, evergreen landscape masses, or budding facades, shall form cohesive walls of enclosure along a street to iensure visual compatibility with of tkie-l~ildir:g--tfrhistoric buildings; or stmctuxes~s within the subject historic district and the stmcture to which it is visually related. (j) Scale of a Building: The size of a building; and the building mass in relation to open spaces, windows, door openings, balconies,~nd porches, and lot size shall be visually compatible with the building size and ktuildir~g mass of historic stte~ buildings; and structures within a historic district for all development To determine whether the scale of a buildnne is aopxooxiate the following shall apply for major development only 1 For buildings wider than sixt}~ percent (60%) of the lot width~a portion of the front facade must be setback a minimum of seven(,71 additional feet from the front setback line: a Lots sixty-five X651 feet or less in width are exempt from this requirement. b To calculate how much of the building width must comps with this provision. multiply the lot width by 40% and subtract the required minimum side setbacks (example: 100' lot width x 40% = 40' 15' side yard setbacks = 25 . c An~part or parts of the front facade may be used to meet this requirement. d. See illustration below: 20 ORD. NO. 38-07 e If the entire building is set back an additional seven (7~ feet, no offset is required. 2 For buildings deeper than 5fty percent (50%) of the lot d~bth a portion of each side fa4ade_ which is greater than one stor~h~h must be setback a minimum of five ~,) additional feet from the side setback line: a To calculate how much of the building depth must com~l}' with this provision multiply the lot depth by fifthpercent ~0%) and subtract the required minimum front and rear setbacks (example 120' lot depth x 50% = 60' - 25' front yard setback - 10' rear setback = 25'1. b An~part or parts of the side facades may be used to meet this requirement. c. See illustration below: 21 ORD. NO. 38-07 d If the entire building~is set back an additional five U feet from the side. no offsets are reouired on that side. 3 Porches ma}_be placed in the offset portion of the front or side facades. provided thev axe completely open except for supporting columns and/ox railings (k) Directional Expression of Front Elevation: A building shall be visually compatible with the buildings, structures, and sites is within a historic district for all development with regard to its directional character, whether vertical; or hoxizontal~ tecttenxl. lU Architectural Style• All major and minor development shall consist of only one f~ architectural style per structure ox pxobexty and not introduce elements definitive of another stvle. (ml Additions to Individually Designated Properties and to Contributing Structures in all Historic Districts. Visual compatibility shall be accomplished as follows: 1. Additions shall be locamd to the rear or least public side of a building and be as inwnspicuous as possible. 2 Additions ox access~~ structures shall not be located in front of the established front wall plane of a historic buildine. 3 Characteristic features of the original building shall not be destroyed or obscured. 4 Additions shall be des~ned and constructed so that the basic form and character of the historic building will remain intact if the addition is ever removed. 5 Additions shall not introduce a new architectural stvle. mimic too closely the~le of the existing building nor replicate the original design, but shall be coherent in design with the existing buildine. 6 Additions shall be secondax~and subordinate to the 22 ORD. NO. 38-07 main mass of the historic building and shat] not overwhelm the original building. (91 Visual Compatibility Incentives In order to provide design flexibility fox residential stmctures as defined by LDR Section 45.1(E)(2)(a), that otherwise satisfythe Visual Compatibility Standards outlined in Section 451(F,l(81. incentives fox development shall include the following: a Open Air Spaces• The ratio of the Building Height Plane (BHA can increase from two to one 2.1 to two to one and a half (2~7 5) for open air spaces limited to' first or second floor front porches se aration must be provided between floors) first or second floor side porches (separation must be provided between floors) balconies and overlooks with open railings (see illustration below): and b Front Elevation• Up to twenty five~ercent ~25% of the front elevation(s) can extend above the Building Height Plane (BHP) to a maximum height of thirty&ve feet ~l provided twenty five percent (25%) or more of the fxonY elevadon(s~ remains one (1) story as defined by LDR Section 451 LEl(81(al(21 The total width of extension shall not exceed ~hteen feet (18~ along the front elevation( See illustration below. 23 ORD. NO. 38-U7 IIWLCJfNG NEIGNT ALANE NORTH {510[)ELF.VAL6N SIDE VIEW _'~=ALLOWED A89VE BHP, NOi TOE%GEEO 35' MA% ;~j= MU$T BE UNOFft BMA __,= 155 Oft MCRE 4F FRU.NI FACACE(S) MUST R[A1AIN t Sip RY (L) Designation of Historic Districts: The following Historic Districts axe hereby affirmed or established: (1) 12xaNASSAU STREET which consists of Lots 2-19 of Nassau Paxk, as recorded in Plat Book 16, page 67 of Palm Beach County, Florida; Lots 1-12 of Wheatley Subdivision, as recorded in Plat Book 16, page 98 of Palm Beach County, Florida; and Block E, Lot 4 and Block F, Lot 1 of John B. Reid's Village as recorded in Plat Book 21, page 95 of Palm Beach County, Florida. (Original designation by Ordinance 97-87 adopted on January 12, 1988) (2) ~E MARINA DIS'F which consists of Block 125, excluding the south 350' of the north 488.6' of the west 100' of Block 125, along with that part of Block 133 lying west of the Intracoastal Waterway, together with the east half of Block 118, along with all of Block 126, together with that portion of Block 734 lying west of the Intracoastal Waterway, along with east half of Block 119, together with all of Block 127, along with the east half of Block 120, and all of Block 728, all within the Town of Linton Plat, as recorded in Plat Book 1, Page 3, Palm Beach County Records (Original designation by Ordinance 156-88 adopted on December 20, 1988) (3) DEL-IDA PARK which consists of Blocks 1 through 13, inclusive, along with Tracts A, B, and CDEL-IDA PARK, according [o the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, 24 ORD. NO. 38-07 FRONT VIEW Florida recorded in Plat Book 9 at Page 62 (Original designation by Ordinance 9-88 adopted on March 22, 1988) (4) OLD SCHOOL SQUARE which consists of the south one-half of Block 57 and Blocks 58-62, Blocks 65-7Q the west half of Blocks 74 and 75, and Lots 7-6 of Block 76, Town of Linton Plat, as recorded in Plat Book 7, Page 3, Palm Beach County Records. (Original designation by Ordinance 7-85 adopted on February 9, 1988). (5) ~ WEST SETTLERS is bounded on the north by Martin Luther King, Jr. Boulevard (N.W. 2nd Street). The eastern boundary is as follows: the alley conning north and south in Block 43; N.W. 3rd Avenue between N.W. 1st Street and the east-west alley of Block 36. The southern boundary is N.W. 1st Street behveen N.W. 3rd Avenue and the alley in Block 43; the east-west alley in Block 36 and Block 28 and the south propexry line of Lot 13, Block 20. The western boundary is the north-south alley and the eastern one-half (1/2) of the block south of the alley of Block 19; the north-south alley in the north half of Block 20. Section 8. That Appendix "A", "DeFinidons", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended as follows: CONTRIBUTING °T~B4FdC~-~,~C~PdF3IV 6E3FdTI~IBI~TIFd6 arrrrr~r~.r`- STRUCTURE Also referred to as a Historic Structurel: A structure which adds to the historical architectural dualities historic associations ox archaeological values fox which a information about the period or independently meets the National Register of Historic Places criteria forevaluation. e ~ 'is _:L...a_~.~.L. L'_.~.:, ~:"„'c:,.,,., c s .__L:,.L.~., ~ . _ r - HARDSCAPE Consists of the inanimate elements of landsca ine especially masonry or wood work such as concrete ox brick~atios an~ool decks file paths and wooden decks HISTORIC SITE (Also referred to as Individuall~Designated Site/Property): Any site, building, structure, feature, or improvement which has been designated as a historic site and which may be located outside of a desifrtated historic district. HISTORIC SITE SURVEY: A comprehensive survey Beard designed to identify, research, and document building sites, and structures of any 25 ORD. NO. 38-W historic, cultural, architectural, or landmark importance in the ciq. T-~°~a .which map be compiled ae-p in cooperation with state and local public and non-profit historic preservation organizations NON-CONTRIBUTING Bhd6 STRUCTURE (Also referred to as aNon-historic Stmcture)• A stmcture which does not add to the historic architectural qualities, historic associations or archaeological values for which a district is significant because it was not present during the period of signiEcance of the district due to alterations, disturbances. 2dditions or other changes it no longer possesses historic integrity reflecting its character at that time or is incapable of ,, t~n~ important information about the period, or it does not independently meet the National Register of Historic Places criteria fox evaluation. t~-hxildtr~ „ 5 , Section 9. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole ox part thereof other than the part declared to be invalid. Section ]0. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 11. 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 , 2008. MAYOR ATTEST: City Clerk First Second Reading 26 ORD. NO.38-07 PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: DECEMBER 17, 2007 AGENDA NO: IV. A. ITEM: 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. ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission regarding City- initiated amendments to the LDRs relating to the City's five (5) historic districts and individually designated properties. 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 Given concerns over the level and type of development affecting historic preservation efforts within all five (51 of the City's historic districts, the City Commission, on April 18, 2006, implemented asix- month moratorium. During the moratorium, Staff worked with consultants (REG Architects and Urban Design Studio) in conducting a series of public meetings with the property owners of the Historic Districts. As a result, the consultant prepared a revised set of Delray Beach Historic Preservation Design Guidelines, a Design Guidelines supplement, and made LDR amendment recommendations. The LDR amendments were drafted and presented as Historic Preservation Design Guidelines. The Planning and Zoning Board reviewed these guidelines at their meeting of November 20, 2006, where a recommendation of approval was made to the City Commission. Additional revisions were made prior to consideration by the City Commission and the Board re-reviewed the Ordinance at its February 26, 2007 meeting. A motion to approve the amendments failed by a vote of 0-6. The City Commission considered the proposed LDR amendments on March 20, 2007, and a motion to approve was denied on a 3-1 vote. At that time, the City Commission made specific suggestions to Staff which included review of the proposed amendments through a charrette process between Staff and local design professionals. The charrette was held in May, 2007 when approximately ten (10) local design professionals participated in a design exercise to apply the proposed guidelines to specific properties located within the historic districts. This process included a discussion of how the Ordinance could be improved. A follow-up meeting between Staff and the charrette participants was held on August 7, 2007 at which time Staff presented the modified Ordinance incorporating some of the suggested changes. The guidelines included a combination of Staff recommendations in consultation with REG and Urban Design Studio, and suggestions made by City Commission and the design professionals. These changes were considered by the Historic Preservation Board on August 15, 2007 and a recommendation of approval was made on a vote of 4-1. The Planning and Zoning Board considered Planning and Zoning Board Memorandum Staff Report, December 17, 2007 Meeting Amendment to LDRs: Historic District Regulations Page 3 In summary, the proposed amendments include "regulatory tools" to help more clearly define what will be considered visually compatible development within the five historic districts and on individually designated sites. Visual compatibility will be determined by utilizing the specified "Visual Compatibility Standards" as contained in LDR Section 4.5.1(E)(8)(a-o). These standards include new "tools' which deal with compatibility. Standards designed to provide compatibility with respect to scale of all major development require offsets in the front and side facades for larger buildings. This reduces the impact of the structure on the historic streetscape and adjacent properties. The standards also address Lot Coverage, based on the average of each district. Maximums for each district are proposed and some additional Flexibility and incentives are recommended to encourage additions versus demolitions on Historic structures, retention of one story structures, and to accommodate additional development potential for lots on the Intracoastal Waterway in the Marina District. Additional standards for residential uses (single family, duplexes and multifamily in all historic districts and all development, regardless of use, in the Residential Office (RO) zoning district), which are classified as "Major Development", include a "Building Height Plane" calculation to provide a way of setting back the second story wall plane from the foremost wall plane on the first story, which will provide impact relief along the streetscape. A "First Floor Maximum Height" has been added which determines that the height from finished floor elevation to the top of the beam shall not exceed fourteen feet (14'), while the mean roof height shall not exceed eighteen feet (18'). Residential structures with heights exceeding these limitations will be considered and reviewed as multi-story. Two "Visual Compatibility Incentives' are also proposed for all residential development applications which comply with the visual compatibility standards. First, the "Building Height Plane" ratio, which is specified as 2:1 within the "Visual Compatibility Standards," may be increased to 2:1.5 if open air spaces (porches, balconies, overlooks with open railings) are provided on the first or second floors, with a separation provided between floors on the front and/or sides. Second, up to 25% of the front elevation may extend into the "Building Height Plane (BHP)" provided that at least 25% of the front elevation remains one-story. The width of the portion extended into the "BHP" may not exceed a width of eighteen feet (18'). Additional proposed LDR revisions provide clarification that the Historic Preservation Board has the authority to apply more or less restrictive standards than the maximums identified in the base zoning district regulations, in order to achieve visual compatibility within the City's historic districts. A new "Visual Compatibility Standard," titled "Architectural Styles," has also been added, which requires all development proposals to be consistent with one architectural style and not introduce various elements from different styles within one development. Finally, the language within the Delray Beach Historic Preservation Design Guidelines, which provides guidance towards the appropriate design of additions, has been added as a "Visual Compatibility Standard." The following is a list of the major amendments to the LDRs as they relate to review of development proposals located within the City's five (5) historic districts and individually designated properties. Where applicable, references have been included far comparison to the prior Ordinance. 1. LDR Section 2.4.6 Procedures for Obtaining Permits -Clarified specific project types that require a Certificate of Appropriateness (COA) and included submittal requirements and approval procedures for applications. 2. LDR Section 3.2.4(E) Standards for Specific Areas or Purposes -Clarified that a proposed development be consistent with specified review criteria. 3. LDR Section 4.1.4 Use of Lots of Record -Added language to grant a variance for lots of record when the lot size, dimensions and setbacks do not comply with the minimum requirements of that zoning district in order to accommodate the relocation of a historic Planning and Zoning Board Memorandum Staff Report, December 17, 2007 Meeting Amendment to LDRs: Historic District Regulations Paoe 2 the LDR amendments at its August 20, 2007 meeting and recommended denial on a unanimous 7-0 vote. The Board had extensive discussion centered on the requirements for new development to be analyzed based on compatibility with immediately adjacent structures (i.e. survey area). Significant opposition to this requirement was expressed by members of the public and members of the Planning and Zoning Board. The main objections appeared to focus on three key concerns: a perception that the requirement will be labor intensive for applicants and their design professionals; that it has the potential to impose different development thresholds on similar lots within a district; and lastly, that it would not address the unique characteristics of individual districts (i.e. same requirements for all districts.) To address the issues with the survey area, Staff undertook a complete analysis of each and every lot within all five districts. From this information, we were able to determine average number of stories, average building lot coverage and the average floor area ratio of each district. From these numbers, it is possible to generate the averages per district which can then be utilized in lieu of individual survey area figures. This methodology addresses all three concerns relating to the use of survey areas, in that all additional work would be completed by Staff; the compatibility thresholds would be the same throughout each district (i.e. based on district averages); and the thresholds would be different between districts, based on individual district averages. Staff also did a comprehensive review of the entire Ordinance in an attempt to make it more understandable. It is also noted that the amendments dealing with demolitions in the historic districts were moved into a new Ordinance which is being considered separately. A City Commission workshop was held on October 4, 2007 to discuss the status of the amendments and Staff's approach to addressing the concerns of the Planning and Zoning Board and the local design professionals. Workshops were then held with both the Planning & Zoning Board and the Historic Preservation Board in November, at which time Staff made presentations to discuss how the Ordinance was being modified and to solicit input from the Boards. Some Board suggestions have been incorporated into the revised Ordinance. A Planning and Zoning Board Special Meeting was held on December 3, 2007 to discuss the proposed amendments in detail. The Board's recommended changes have been incorporated into the revised Ordinance and are highlighted in yellow. The Historic Preservation Board (HPB) reviewed the amendments on December 6, 2007 and also considered the recommendations made by the Planning and Zoning Board on December 3, 2007. While the Historic Preservation Board disagreed with several of the changes, they did agree with most of the P&Z Board's recommendations. The revised Ordinance contains notations depicting the differences between the two Boards. LDR TEXT AMENDMENT ANALYSIS 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. In order to differentiate between types of development proposals and which regulations apply to each, two categories have been created - "Major" and "Minor." The type of development in each category is shown in the following table: Review Type b~Use and Zoning Disttict ine Zr TL M d'L i ,EConu""boring Sm cmres Nnn-Cortriburine M dificarion of ~ Diordcr ~ Consrracrinn ender 25% Ovcr 25% ~~ Under 25% Ovcr 25°/. G6U & CP Aiuhi-Pamil ' - '.Tc N nnr ti N'n r Af tin tin ntn°r Afm V, mR~c drn N Af n n . n ' R-0-AR-1-Ae~ Sln SIC P.,mil-Du ilex ~1a'o Mino Nd. .Minor or .Na RO.OSSHAD, iA1ulu-Ynmil~ Na ur Nnr lfuur nr ,,,, Maur ' R~&I,L~. ti ,-Fci is ,u~l Mc'or ~9n~ MjL dtlnor Ma or Planning and Zoning Board Memorandum Staff Report, December 17, 2007 Meeting Amendment to LDRs: Historic District Regulations Page 3 In summary, the proposed amendments include "regulatory tools" to help more clearly define what will be considered visually compatible development within the five historic districts and on individually designated sites. Visual compatibility will be determined by utilizing the specified "Visual Compatibility Standards' as contained in LDR Section 4.5.1(E)(8)(a-o). These standards include new "tools" which deal with compatibility. Standards designed to provide compatibility with respect to scale of all major development require offsets in the front and side facades for larger buildings. This reduces the impact of the structure on the historic streetscape and adjacent properties. The standards also address Lot Coverage, based on the average of each district. Maximums for each district are proposed and some additional flexibility and incentives are recommended to encourage additions versus demolitions on Historic structures, retention of one story structures, and to accommodate additional development potential for lots on the Intracoastal Waterway in the Marina District. Additional standards for residential uses (single family, duplexes and multifamily in all historic districts and all development, regardless of use, in the Residential Office (RO) zoning district), which are classified as "Major Development", include a "Building Height Plane" calculation to provide a way of setting back the second story wall plane from the foremost wall plane on the first story, which will provide impact relief along the streetscape. A "First Floor Maximum Height" has been added which determines that the height from finished floor elevation to the top of the beam shall not exceed fourteen feet (14'), while the mean roof height shall not exceed eighteen feet (18'). Residential structures with heights exceeding these limitations will be considered and reviewed as multi-story. Two "Visual Compatibility Incentives' are also proposed for all residential development applications which comply with the visual compatibility standards. First, the "Building Height Plane" ratio, which is specified as 2:1 within the "Visual Compatibility Standards," may be increased to 2:1.5 if open air spaces (porches, balconies, overlooks with open railings) are provided on the first or second floors, with a separation provided between floors on the front and/or sides. Second, up to 25% of the front elevation may extend into the "Building Height Plane (BHP)" provided that at least 25% of the front elevation remains one-story. The width of the portion extended into the "BHP" may not exceed a width of eighteen feet (18'). Additional proposed LDR revisions provide clarification that the Historic Preservation Board has the authority to apply more or less restrictive standards than the maximums identified in the base zoning district regulations, in order to achieve visual compatibility within the City's historic districts. A new "Visual Compatibility Standard," titled "Architectural Styles," has also been added, which requires all development proposals to be consistent with one architectural style and not introduce various elements from different styles within one development. Finally, the language within the Delray Beach Historic Preservation Design Guidelines, which provides guidance towards the appropriate design of additions, has been added as a "Visual Compatibility Standard." The following is a list of the major amendments to the LDRs as they relate to review of development proposals located within the City's five (5) historic districts and individually designated properties. Where applicable, references have been included for comparison to the prior Ordinance. 1. LDR Section 2.4.6 Procedures for Obtaining Permits -Clarified specific project types that require a Certificate of Appropriateness (COA) and included submittal requirements and approval procedures for applications. 2. LDR Section 3.2.4(E) Standards for Specific Areas or Purposes -Clarified that a proposed development be consistent with specified review criteria. 3. LDR Section 4.1.4 Use of Lots of Record -Added language to grant a variance for lots of record when the lot size, dimensions and setbacks do not comply with the minimum requirements of that zoning district in order to accommodate the relocation of a historic Planning and Zoning Board Memorandum Staff Report, December 17, 2007 Meeting Amendment to LDRs: Historic District Regulations Page 4 structure, and require that significant structures moved outside of a historic district are individually designated. 4. LDR Section 4.3.3(0) Guest Cottage -Added language that a guest cottage shall not exceed the height of the principal structure. 5. LDR Section 4.4.17 Residential Office (RO) District -Added language to the purpose and intent that the RO district is an incentive designation to provide for the rehabilitation and reuse of historic structures; and added that the parking requirement for offices may be reduced to 1 space/400 square feet when a structure exists on the property and is located within a designated historic district or an individually designated historic site. 6. LDR Section 4.4.24 Old School Square Historic Arts District (OSSHAD) -Clarified that parking lots, not associated with a use, allowed by conditional use approval, must be public parking lots; and clarified that the gross floor area of residential units in a mixed-use building, shall not exceed 50% of the gross floor area of the structure. 7. LDR Section 4.5.1(E)(2) Major and Minor Development -Added language to classify development as either Major or Minor and included a table for additional clarification. (The prior Ordinance used confusing descriptions of Type A and Type 8 development.) 8. LDR Section 4.5.1(E)(3) Buildings, Structures, Appurtenances, and Parking -Clarified application of standards to specified buildings, structures, appurtenances, and parking; added language to regulate chain link fences, swimming pool fences, and fence height; added language regulating design of garages and carports with respect to frontage and orientation; added language to regulate parking with respect to screening, and design with additional options to consider, and granting of a waiver request to parking pursuant to specified criteria. 9. LDR Section 4.5.1(E)(8) Visual Compatibility Standards -Clarified application of this section in its entirety with respect to Major and Minor Development proposals. 10. LDR Section 4.5.1(E)(8)(a) Height -Clarified determination of height compatibility; added language related to the height of residential uses which are classified as Major Development, including establishing a Building Height Plane (BHP); set a first floor maximum mean roof height of 18' and a maximum upper story height of 14' from finished floor to finished floor per story. (Removed requirement for an additional 5' setback for upper stories included in prior Ordinance.) 11. LDR Section 4.5.1(E)(80)(b-f) - Clarified compatibility determination of front fagade proportion, proportion of openings (windows and doors), rhythm of solids to voids, rhythm of buildings on streets and rhythm of entrance and/or porch projections with respect to the subject historic district. (Removed references to Type A and Type 8 development and the use of the survey area included in the prior Ordinance.) 12. LDR Section 4.5.1(E)(8)(g) Relationship of Materials, Texture, and Color -Clarified determination of compatibility pursuant to type of development proposal; added language regarding hardscape. (Removed references to Type A and Type 8 development and the use of the survey area included in the prior Ordinance. Also removed language dealing with a list of materials for exterior finishes included in prior Ordinance.) 13. LDR Section 4.5.1(E)(8)(h) Roof Shapes -Added language to determine roof shape compatibility and requirement that roof shape be consist with the architectural style of the building. (Removed references to Type A and Type 8 development and the use of the survey area included in the prior Ordinance. Also removed requirement that roofs be oriented so as to be consistent with the surrounding area included in prior Ordinance.) Planning and Zoning Board Memorandum Staff Report, December 17, 2007 Meeting Amendment to LDRs: Historic District Regulations Page 5 14. LDR Section 4.5.1(E)(8)(i) Walls of Continuity -Clarified existing language to determine compatibility. 15. LDR Section 4.5.1(E)(8)Q) Scale of a Building -Clarified determination of compatibility pursuant to type of development proposal; added requirements for offsets in the front and side facades. (Removed references to Type A and Type 8 development and the use of the survey area included in the prior Ordinance. Also eliminated `Angle of Vision" standard included in prior Ordinance.) 16. LDR Section 4.5.1(E)(8)(k) Directional Expression of Front Elevation - Clarified determination of compatibility. 17. LDR Section 4.5.1(E)(8)(I) Architectural Style -Added new section requiring that all development proposals be consistent with one architectural style and not introduce various elements from different styles into one development. 18. LDR Section 4.5.1(E)(8)(m) Lot Coverage -Added lot coverage requirements related to averages in each historic district. Maximums for each district are proposed at 5% over the average and some additional flexibility and incentives are recommended to encourage additions versus demolitions of Historic structures, retention of one story structures, and to accommodate additional development potential for lots on the Intracoastal Waterway in the Marina District. (Removed references to Type A and Type 8 development and the use of the survey area included in the prior Ordinance.) 19. LDR Section 4.5.1(E)(8)(n) Number of Stories - Added a calculation method for determining the number of stories and set the maximum number of stories allowed based on 0.5 stories over district averages. 20. LDR Section 4.5.1(E)(8)(0) Additions to Individually Designated Properties and to Existing Contributing Structures in all Historic Districts -Incorporated existing language from the Delray Beach Historic Preservation Design Guidelines regulating visual compatibility for additions. (Removed requirement that this section also apply to noncontributing structures, included in prior Ordinance.) 21. LDR Section 4.5.1(E)(9) Visual Compatibility Incentives -Former subsection 9 which states that the Visual Compatibility Standards will be further discussed in the "Delray Beach Preservation and Conservation Manual" and notes purpose of said "manual", has been completely removed. The new language for this subsection provides design flexibility and incentives for residential development such as "Open Air Spaces" which would increase the "Building Height Plane" ratio for open air spaces, and "Square Footage" which allows a portion of the structure to extend into the BHP, provided that a percentage of the front elevation remains one-story. 22. LDR Section 4.5.1 (L) Designation of Historic Districts -Unified Historic District titles. 23. Appendix "A" "Definitions" -Added definition for "hardscape" and amended definitions for "Contributing Building Also Non-contributing Building Structure", "Historic Site", "Historic Site Survey', and "Non-Contributing Building". Planning and Zoning Board Memorandum Staff Report, December 17, 2007 Meeting Amendment to LDRs: Historic District Regulations Paoe 6 REQUIRED FINDINGS LDR Section 2.4.5(M)(5) (Findings): Pursuant to LDR Section 2.4.5(M)(5) (Findings), in addition to LDR Section 1.1.1i(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 Goals, Objectives and Policies were noted: FUTURE LAND USE ELEMENT: GOAL AREA "A" LAND WITHIN THE PLANNING AREA SHALL BE DEVELOPED OR REDEVELOPED, TO ENHANCE THE EXISTING QUALITY OF LIFE, COMPLIMENT EXISTING LAND USE AND RESULT IN A MIXED, BUT PREDOMINANTLY RESIDENTIAL COMMUNITY WITH A BALANCED ECONOMIC BASE. Future Land Use Element Objective A-4 The redevelopment of land and buildings shall provide for the preservation of historic resources. The objective shall be met through continued adherence to the City's Historic Preservation Ordinance and the following policies: Future Land Use Policv A-4.1 Prior to approval or recommending approval of any land use or development application for property located within a historic district or designated as a historic site, the Historic Preservation Board must make a finding that the requested action is consistent with the provisions of Section 4.5.1 of the Land Development Regulations relating to historic sites and districts and the "Delray Beach Design Guidelines". Future Land Use Policv A-4.2 In order to protect the City's historic resources, the Land Development Regulations shall include provisions for designation of historically significant buildings, structures, archaeological sites, or districts. The City shall conduct periodic neighborhood surveys to identify and evaluate potential historic resources. ANALYSIS The Future Land Use Element of the City's Comprehensive Plan calls for the enhancement of the existing quality of life which is evident in the proposed amendments to protect the city's designated historic areas from incompatible development. The subject Element also mandates that redevelopment shall provide for the preservation of historic resources. This has been accomplished in the subject LDR amendments by providing an objective manner of reviewing new proposals which will not detract from the historic resources (yet will be compatible with the historic development of the adjacent properties). Therefore, positive findings can be made that the proposed LDR text amendments are consistent with and further the Goals, Objectives and Policies of the Comprehensive Plan's Future Land Use Element. 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. Planning and Zoning Board Memorandum Staff Report, December 17, 2007 Meeting Amendment to LDRs: Historic District Regulations Housing Element Objective A-10 The City shall support the conservation and rehabilitation of historically significant housing, especially where such housing is an identifying characteristic of a particular neighborhood. Housing Element Policv A-10.1 This objective will be implemented in accordance with the standards and criteria of Section 4.5.1 of the Land Development Regulations, Historic Preservation Sites and Districts. Housing Element Policv A-10.2 The City will promote the use of historic designations as a revitalization tool in its preparation of Neighborhood Plans for those areas which have a significant inventory of historic structures. Housing Element Objective A-12 To assist residents of the City in maintaining and enhancing their neighborhood environment, the City shall take steps to ensure that modifications in and around the neighborhood do not lead to its decline, such as those described in the following policies. Housing Element Policv A-12.4 The City will provide planning and technical assistance to implement neighborhood-supported initiatives aimed at preserving the character of existing residential areas. Such assistance may involve the formulation of regulations that would limit the size and scale of new homes to be consistent with existing structures within a defined neighborhood, and analysis of the housing inventory to determine if the area qualifies for designation as a historic district, and similar measures. ANALYSIS The proposed LDR amendments comply with the Housing Element as noted above in that they will further strive to stabilize and enhance existing historic neighborhoods. The historic structures are the identifying characteristic of the five (5) designated historic districts. It is also evident that the protection of such areas has assisted in their revitalization which is continuous and on going. The mandated technical assistance, noted above, has been and continues to be provided by the City to its residents, including those residing in designated historic districts or individually designated structures and/or properties. Therefore, positive findings can be made that the proposed LDR text amendments are consistent with and further the Goals, Objectives and Policies of the Comprehensive Plan's Housing Element. Coastal Management Element Policv B-2.1 The Marina Historic District shall embrace principles of historic preservation and economic development in a sensitive and blending manner. See Objective C-1 for the specific implementation program. Coastal Management Element Policv B-2.2 Individual historic structures shall continue to be designated pursuant to the City's Historic Preservation Ordinance. Coastal 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 Management Element Policv C-1.1 The northern portion of the Marina District nearest Atlantic Avenue shall be developed with the active participation of both the Historic Preservation Board and the Community Redevelopment Agency. Coastal Management Element Policv C-1.2 The middle and southerly portions of the Marina District shall continue to be enhanced through the renovation of existing single family and multi-family Planning and Zoning Board Memorandum Staff Report, December 17, 2007 Meeting Amendment to LDRs: Historic District Regulations Pape 8 structures, sensitive rehabilitation of historic structures, and new construction which is appropriate to the historic district. ANALYSIS The proposed LDR amendments comply with the Goastal 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. Specifically, the amendments address the demands of enhanced economic development and historic preservation by allowing 5% over the average lot coverage for the district. 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 Comprehensive Plan's Coastal Management Element. 'ASSESSMENT The Comprehensive Plan calls for new development and redevelopment to enhance the existing quality of life by providing 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 including the formulation of regulations limiting size and scale of new development within historic districts. The proposed amendments achieve the aforementioned goals and policies. Therefore, a positive finding can be made that the amendments are consistent with and further the Goals, Objectives, and Policies of the Comprehensive Plan. REVIEW $Y OTHERS • The Historic Preservation Board (HPB) reviewed the amendments on December 6, 2007 and also considered recommendations made by the Planning and Zoning Board at its Special Meeting on December 3, 2007. While the Board disagreed with several of the P&Z Board's recommendations, they did agree with most of them. The revised Ordinance contains notations depicting the differences between the two Boards. Since HPB continued the item until December 19, 2007, a final recommendation is not available at this time. Therefore, the Board's recommendations will be presented to the City Commission at the first reading of the Ordinance. • The Downtown Development Authority (DDA) reviewed the amendments at their December 10, 2007 meeting and unanimously recommended approval. The West Atlantic Redevelopment Coalition (WARC) reviewed the amendments at their December 12, 2007 meeting and unanimously recommended approval. • The Community Redevelopment Agency (CRA) reviewed the amendments at their December 13, 2007 meeting and unanimously recommended approval. Courtesy Notices: A special courtesy notice was provided to all of the property owners within the five historic districts as well as to the Neighborhood Advisory Council. Letters of objection or support, if any, will be presented at the Planning and Zoning Board meeting. ALTERNATIVE 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 38-07, by adopting the findings of Planning and Zoning Board Memorandum Staff Report, December 17, 2007 Meeting Amendment to LDRs: Historic District Regulations Paae 9 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(M) of the Land Development Regulations. C. Move a recommendation of denial to the City Commission of the amendments to the Land Development Regulations (LDRs) associated with Ordinance 38-07, by adopting the findings of fact and law contained in the staff report and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Section 2.4.5(M) of the Land Development Regulations. (Motion to be phrased in the affirmative. See above.) RECOMMENDATION Recommend approval to the City Commission of the amendments to the Land Development Regulations (LDRs) associated with Ordinance 38-07, by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. Attachments: • Proposed Ordinance No. 38-07 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: January 10, 2008 SUBJECT: AGENDA ITEM 10.B -REGULAR COMMISSION MEETING OF JANUARY 15, 2008 ORDINANCE NO. 55-07 (SECOND READING/SECOND PUBLIC HEARING) ITEM BEFORE COMMISSION This ordinance is before Commission for second reading and second public hearing for a c ity initiated amendment to the Land Development Regulations (LDR) amending Section 1.4.3, "Enforcement"; Section 1.4.4, "Penalty", providing that neglect shall constitute a nuisance and providing for enforcement and penalties; Section 2.2.6(C), "Meeting and Quorum", providing for voting, 2.2.6(D), "Duties and Responsibilities", providing for express authority for the Historic Preservation Board to apply the Historic Compatibility Regulations; Section 4.5.1(E), "Development 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. BACKGROUND At the first reading on January 3, 2008, the Commission passed Ordinance No. 55-07. RECOMMENDATION Recommend approval of Ordinance No. 55-07 on second and final reading. r ORDINANCE NO.55-07 AN ORDINANCE OF THE QTY COIvIIvIISSION OF THE QTY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE QTY 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. WF~REAS, the City Commission of the Qty of Delray Beach has the authority to protect the health, safety and welfare of its citizens; and WHEREAS, the Qty Commission of the City of Delray Beach has the authority to make regulations pertaining to land use and development within the Qty of Dekay Beach; and WHEREAS, the Qty Commission of the Qty of Delray Beach believes that protecting and preserving historic properties/districts furthers its goals of promoting health, safety and welfare by preserving the history of the Qty for the welfare of futwe generations; and WHEREAS, the Qty 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 Qty Commission of the City of Delray 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 Qty 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 Qty Commission desires and intends that the limitations provided in the overlay and zoning district regulations shall serve as a maximum upper limit and these Historic Preservation Design Guidelines codified in this ordinance shall provide additional limitations that maybe considered and applied to properties within all historic districts in the City of Delray Beach NOW, THEREFORE, BE IT ORDAINED BY THE QTY COMNIISSION OF THE QTY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 1.4.3, "Enforeerr~ent", 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 Boatd/Hearing Officet 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 wrath these regulations or an order to correct a violation and when a hearing is sought with respect to an alleged violation, the matter shall be decided by the Code Enforcement Board/Hearing Officer pursuant to Chapter 37 of the City Code. (B) A Certificate of Occupancy shall not be issued for any building, or structure, or portions thereof, that fails to meet all applicable requirements of these Land Development Regulations. The use of a building without proper issuance of a Certificate of Occupancy is a violation of Code and shall be grounds for issuance of a stop work order or cease and desist order by the Chief Budding Official, and other remedies set forth herein. (C) Nothing herein shall prevent the City of Delray Beach from taking such other lawful action deemed necessary to prevent or remedy any violation (Dl The neglect of individually designated historic structures and/or structures located within historic districts shall constitute a "nuisance" violation of the Cit~/s Code of Ordinances otnst~nt to Section 100.10. Section 2. That Section 1.4.4, "Penalt}/', of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 1.4.4 Penalty: (A) Violation of the provisions of these Regulations, or failtue to comply wrath any of its regtrirements, including violations of conditions and safeguards established in connection with grants of variances or conditional tries shall constitute a punishable violation Any person wkto violates these Regtilafions, or fails to comply with any of its requirements, may be issued a civil citation the Citds Code of Ordinances, and shall upon conviction thereof, be fined not more than $500 or imprisoned for not more than 60 days, or both, and shall pay all costs and expenses involved in the case. E ach day such violation continues shall be considered a separate offense. ORD. N0.55-07 (B) The owner or tenant of any building. structure, premise, or part thereof, and any architect, agent, builder, contractor, or other person who knowingly commits, participates in, assists in, or maintains such violation, may each be found guilty of a separate offense, and suffer the penalties provided herein (C) In addition to any and all other penalties, any person who carries out 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, or landscape feature, either to its appearance prior to the violation or in accordance with its certificate of appropriateness required by the Historic Preservation Board (D) Structrues that are individually designated as historic or are located in historic districts shall be maintained in a secure and attractive nvvurer. Neglect of historic structures/stnxcttues in a historic district shall constihrte a "nuisance" violation pursuant to Section 100.10 of the Citds Code of Ordinances and shall result in maximum penalties. ~1~ Nothing herein shall prevent the City of Delray Beach from taking such other lawful action deemed necessary to prevent or remedy any violation Section 3. That Section 2.2.6, "The Historic Preservation Board", Subsection 2.2.6(0), "Meetings and Quorruri', of the Land Developmnt Regulations of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: (C) Meetings and Quorum: (1) The Historic Preservation Board shall hold at least one regularly scheduled business meeting each month and it shall be held in the evening hours. (2) Four xriembers of the Board shall constitute a quonin (3) late An application for a Certificate of Appropriateness shall be dQnied-exEe~by arroroved b~ ority of the meu~bers present and votine. Section 4. That Section 2.2.6, "The Historic Preservation Board", Subsection 2.2.6(D), "Duties, Powers and Responsrbilities', 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, or social value or interest. The Board will endeavor to improve, expand, and make more accrffate the 3 ORD. N0.55-07 (9) Increase public awareness of the value of historic preservation by developing. conducting, and participating in public education programs. (10) Make recommendations to the Commission concerning the use of grants from federal and state agencies, and the use of City funds to promote the preservation and conservation of historically and aesthetically significant archaeological sites, historic sites, and historic districts. (11) Evaluate, comment upon, and make recommendations to the Conunission concerning the deliberations and decisions of other public agencies affecting the physical development and appeazance 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, or private grant, gift, or bequest of any funding, property, or 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 Boazd, to rr~lce historic preservation concepts an integral and ongoing part of all Gty planning and zoning codes, the City ]and use plan, and any 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 maybe approved by ordinance or resolution of the Commission (18) Demonstrate a spirit of cooperation with and provide administrative assistance to property owners in the conservation and preservation of historic sites and properties within historic districts. (19) Develop and maintain a Historic Preservation Manual for the Gty to help property owners fulfill the regulations and requirements of this section and the regulations for historic ORD. NO.55-07 survey as additional documents, information, oral histories, and other such materials may become available, and it will periodically reevaluate the survey. The Board will wark with the City Historical Society, the State Bureau of Historic Preservation, and other appropriate public and nonprofit organizations in maintaining this survey. (2) Nominate properties for designation, and regulate such properties, structures, buildings, sites, districts, and the like so designated as historic sites and/or historic districts. (3) Participate in the National Register program to the greatest possible extent, as defined by the 1981 and subsequent amendrresmts to the Historic Preservation Act of 1966 and regulations and rules drafted pursuant hereto by the National Park Service and the State Bureau of Historic Preservation (4) Act as a regulatory body to approve, decry, or modify certificates of lateness as specified in Section 2.4.6Q). In addition to the Zoning District Regulations, forth in Section 4.5.1. (5) Make recommendations concerning land development code arrendxnerrts to the Planning and Zoning Board, and concerning building code amendments to the Chief Btrilding Official, as they apply to Historic structures and districts. (6) Act in lieu of Board of Adjustment. The Historic Preservation Board shall act in lieu of the Board of Acljtstment and is empowered to grant variances from existing onlirmances for properties designated as historic sites, within designated historic districts or listed on the Local Register of Historic Places. In addition, the Board is empowered to grant variances from the sign code for those nonconfornting signs which existed at the time of enactment of the sign code and relief to Section 4.6.16 through the waiver process [Section 2.4.7(B)]. (7) Develop, establish, and regulate guidelines concerning contemporaneous architectural styles, colors, building materials, and so forth for historic sites and within historic districts. Srach gtridelines 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 Comnvssion The Board's consideration and approval of certificates of appropriateness Linder these guidelines shall be in lieu of consideration and approval by the Site Plan Review Board (8) Make recommendations to the Commission about facade easements, the imposition of other restrictions, and the negotiation of contracts for the purposes of historic preservation 4 ORD. N0.55-07 (B) The owner or tenant of any building. structure, premise, or part thereof, and any architect, agent, builder, contractor, or other person who knowingly commits, participates in, assists in, or maintains such violation, may each be found gtalty 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, or landscape feature, either to its appearance prior to the violation or in accordance with its certificate of appropriateness required by the Historic Preservation Board fDl Structures that are individually designated as historic or are located in historic districts shall be maintained in a secure and attractive manner Neglect of historic strt~tures/structures in a historic district shall constitute a "nuisance" violation pursuant to Section 100.10 of the Cit~/s Code of Ordinances and shall result in n~xirnum penalties. ~ ELF Nothing herein shall prevent the City of Delray Beach from taking such other lawful action deemed necessary to prevent or ren>edy any violation Section 3. That Section 2.2.6, "The Historic Preservation Board", Subsection 2.2.6(C), "Ivleeting~s and Quonuri', of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: (C) Meetings and Quorum: (1) The Historic Preservation Board shall hold at least one regularly scheduled business meeting each month and it shall be held in the evening hours. (2) Four members of the Board shall constitute a quortun (3) I~de An application for a Certificate of Appropriateness shall be dei3ied-exeeptky +~-^ ^^}^ ^r ~^• •^ ^^~^^ -^^-^~^^~ approved by a m~orit~of the rnembers__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 ~ 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, or social value or interest. The Board will endeavor to improve, expand and make more accurate the 3 ORD. NO.55-07 city by providing an opportunity to study local history, architecture, and design, or by developing an understanding of the importance and value of a particular culture and heritage. (e) Whether there are definite approved plans for immediate reuse of the property if the proposed demolition is carried out, and what effect those plans will have on the-ehaeref the surrounding area. (2) No decision of the Board shall result in tmdue economic hardship for the property owner. The Board shall have authority to determine the existence of such hardship in accordance with the definition of undue economic hardship found in Subsection (E3). (3) The Board's refusal to grant a Certificate of Appropriateness requested by a property owner for the purpose of demolition will be supported by a written statement clescnbing the public interest that the Board seeks to preserve. (4) The Board may grant a Certificate of Appropriateness as negigsted by a property owner, for demolition which may provide for a delayed effective date. The effective date of the certificate will be detemtined by the Board based on the relative significance of the structure and the probable time required to arrange a possnble 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 brrildings within the historic district may be delayed for nnp to three months. (5) During the demolition delay period, the Board may take such steps as it deers necessary to preserve the structure concerned Such steps may include, but are Trot limited to, consultation with community g~oups, public agencies, and interested citizens, recommendations for acquisition of property by public or private bodies, or agencies, and explorntion of the possibility of xmving one or more stnrctures or other features. (6) The Board may, with the consent of the property owner, request that the owner, at the owner's expense, salvage and preserve specified c]asses of brrilding materials, arehitechnal details and ornaments, fixtures, and the like for reuse in the restoration of the other historic properties. The Board may, with the consent of the property owner, request that the Delray Beach Historical Society, or the owner, at the owner's expense, record the architectural details for archival purposes prior to demolition The recording may include, but shall not be limited to photographs, documents, and scaled architectural drawings to include elevations and floor plans. Historical Society At the Board's option, and with the property owner's consent, the Board or the Delray Beach Historical Society may salvage and pmserve building materials, architectural details, and ornaments, textures, and the like at their expense, respectively. ORD. N0.55-07 returning it to a safe and habitable condition (~ Doc~nrentation that reasonable efforts have been made to find a suitable alternate location for the structure within the City of Delray Beach to which the contributing! indivich~lly designated historic structure could be safely relocated Section 7. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid Section 8. That all ordinances or pacts of ordinances in conflict herewith be, and the same are hereby repealed Section 9. That this ordinance shall become effective inmY~cliately upon its passage on second and final reading. PASSED AND ADOPTED in regiilar session on second and final reacling on this day of .2007. MAYOR ATTEST: GiyQerk First Reacling_ Second Reading- ORD. N0.55-07 to substantiate the damaee. :: J MEMORANDUM TO: Mayor and City Commissioners FROM: Amy E. Alvazez, Historic Preservation Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: December 26, 2007 SUBJECT: AGENDA ITEM 10.6 -REGULAR COMMISSION MEETING OF JANUARY 3, 2008 ORDINANCE NO. 55-07 (FIRST 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(Dj, 2.2.6(C), 2.2.6(D), 4.5.1(E)(6), and 4.5.1(F). BACKGROi1ND 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 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 wish the visual compatibility requirements of LDR Section 4.5.1(E) ~. , ($)~ 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 a[ 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 A, 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 [he 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 (F.)(6) which permits a demolition request for a structure, regazdless 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 [he building permit has been issued for the site's redevelopment. The current and proposed language is as follows: Current Ordinance Demolition of historic silrror archaeological sites, or buildings, structures, improvements, and appurtenances within historic districts wil~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 property, Approvalsfor demolition shall not be granted until the redev_elopmeal applrcatio_n has been approved. The demolition shall not occur until a building permit has. been issued for the redevelopment. Pro~sed_Laneuage; Demolition of historic siteror archaeological sites, or buildings, structures, improvements, and appurtenances within historic districts wllfsha[1 be regulated by the Historic Preservation Board in the manner described in Section 4.5.1(F). Demolition of any structure, .whether contributing ornon-contributing, shall not occur.until a building permit has been issued for the HPBpppraved redevelopment,_A11 structures approyedfor demoLtion 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. The Board also recommended removal of the language included in LDR Section 2.2.6(D)(4), regarding the authority of the HPB [o apply more restrictive standards than those provided within the zoning regulations in order to achieve visual compatibility. The proposed language that the Planning and Zoning Board recommended to not include in the ordinance is underlined below: LDR Section 2.2.6(D)(4) Act as a regulatory body to approve, deny, or modify certificates of appropriateness as specified in Section 2.4.6(J). The Historic Preservation Board shall have authority to apply more restrictive standards than the maximums identifted in the Zoning regulations in order to achieve visual compatibility in accordance with Section 4.5. /(E)(8). The City Commission considered the request at their December 1 I, 2007 meeting. The Commission raised two concerns, the first [hat [he demolition Section 4.5.1(E)(6) should contain a clause to deal with unsafe buildings and [he second that language related to the regulatory authority of the }}PB under Section 2.2.6 (D)(4) be reworded. The ordinance has been amended to address each of the concerns and is now ready for City Commission consideration. R~QMMENDATIQN By motion, approve on first reading Ordinance No. 55-07, amending the Land Development Regulations (LDRs) and incorporating the Planning and Zoning Board's recommended language under LDR Section 4.5.1(E)(6), and retaining the proposed 1•anguage under LDR Section 2.2.6(D)(4) by adopting the findings of fact and law contained in the staff report and finding that the text amendments are consistent with the Comprehensive Plan and meet the criteria set forth in LDR Section 2.4.5(M). PLANNING AND ZONING BOARD'MEMORANDUMSIAFF REPORT MEETING DATE: DECEMBER 3, 2007 AGENDA ITEM: III. B ITEM: CfTY INrrIATED AMENDMENTS PERTAINING 70 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)(B), "DEMOLITION", AND 4.5.1(F), "RESTRICTIONS ON DEMOLITIONS", PROVIDING REQUIREMENTS FOR THE APPLICATION AND APPROVAL FOR DEMOLITION. ITEM t3EFORE'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 sVuctures, 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 DESGRIpT10tJ The subjeG 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 regulalbns. 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 andlor stnuctures located within historic districts shall wnstitute a "nuisance" violation of the City's Code of Ordinances pursuant to Section 100.10. LDR Section 1.4.4(A) Penaty 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 [o Chapter 37 of [he City's Code of Ordinances. LDR Seetlon 1.4.4(D) Penalty Adds language That structures which are individually desgnated or located within a historic district shall be maintained in a secure and attractive manner. Negtecl of individually designated structures andlor 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 2.2.8(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 Responsibilkies Specifies that the HPB has the authority io 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)(8} 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) RestHctions on Damolkions 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 2oning Board Consideration LDR Section 4.5.1(El(61-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 Tor 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 a hisloriclcontributing 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 neghborhood 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.!(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 "In 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 OXicial 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 recommendaU'ons 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 faking 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 inten`cre with procedures in the applicable ordinances." Contributino vs. Non-contributing In addition io the above, the Board feR 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 ofd; • !t was present during the "Period of Significance", and; • !t possessed historic integrity reNecting 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, srte, stn+cfure or object does not add to the histortcat architectural qualities, historic associations, or archaeological values for which a dlsMcf is sign~cani because: • it usually is riot more than 50 years old; • It was not present during the "Period of Significance",~ If no longer possesses its historic character whfch would reflect its original character, and; • !t !s not capable of yielding important information about the period. For example, a structure constructed over fifty years ago may have been altered so sign~cantly that it has lost fts 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 Fbrida's inventory of known and/or recorded historic structures and archaeological sites. The dassification providetl In the "survey° is utilized by Staff in reviewing development proposals and/or informing the public of a property's classification. However, from lime 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. " LDR TE,K"f~1tMEND)IREN7ANAt:Y'SiS` ` A significant concern within the historic districts is demolition by neglect of historically sign cant 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 andlor 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)(5) 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 LOR 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 appty 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)(S). LDR Section 2.4.5(M)(5) tFindinus): Pursuant to LDR Section 2.4.5(M)(5) (Findings), in addition to LDR Section 1.1.6(A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable Objectives and Policies were noted: FUTURE LAND USE ELEMENT: GOAL AREA "A" LAND WITHIN THE PLANNING AREA SHALL BE DEVELOPED OR REDEVELOPED, TO ENHANCE THE EXISTING QUALITY OF LIFE, COMPLIMENT EXISTING LAND USE AND RESULT IN A MIXED, BUT PREDOMINANTLY RESIDENTIAL COMMUNITY WITH A BALANCED ECONOMIC BASE. . - . Planning and Zoning Board Memorandum Staff Report, December 3, 2007 Amendment to LDRs re: Nuisance and Demolition - Ortlinance 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~.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. OUSING 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. Houslna Element Oblective 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. Houslna Element Polley 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. Hsusina Element Policy 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 signfcant inventory of historic structures. Houslna Element Oblectlve 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 fdlowing policies. Houslna Element Policv A•12.4 The City will provide planning and technigl 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 anatysis of the housing inventory to determine if the area qualifres 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 Pfan. Coastal Manaaement Element Pollev 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 spec'rfic implementation program. Coastal Manaaement Element Policv 8-2.2 Individual historic structures shall continue to be designated pursuant to the City's Historic Preservation Ordinance. Coastal Manaaement Element Obieclive 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 Hlstoric District shall continue to be redeveloped with a sympathetic blending of the demands of economic development and hlstoric 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 Pollev C1.~ 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 wnsideration of the above, positive findings can be made that the proposed LDR text amendments are consistent with and further the Goals, Objectives and Polities of the Coastal Management Element of the Comprehensive Plan. '" ~~ e.~ The Comprehensive Plan calls for the preservation of historic resources, the rehabilitation of historically significant housing, and the promotion of hlstoric 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 Gaels, 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 few ~r' oTtiERS The Pineapple Grove Main Street committee reviewed the subjed 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 rewmmended approval by a vote of 5-Z (Lake and Kucera- Winney dissenting). 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'I2, 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 subjed 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 objedion and support, 'd any, will be presented at the meeting. ALTERNATiYE ACTIONS A. Continue with direction. B. Move a recommendallon 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 tact 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.) RECONMBNDATION 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 Sactian 4.5:1(E](6) LDR Section 4.5.1(E)(5) currently states the following: (6) Demolition oT 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 g archaeological sites, or buildings, structures, improvements, and appurtenances within historic districts will shall ba regulated by the Historic Preservation Board in the manner described in Section 4.5.1(F}. Demolition been issued for the redevelopment. Staff has provided the following three (3) options Tor Board consideration which may be included in the recommendation to the City Commission: Option A. (B) 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 Option A Analysis Opton A has been revised to spedfy that histortGcontribufing and/or individually designated struGures be accompanied by a redevelopment application at the time of the demolition request, that the demolition request for histoddcontributing 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) DemolWon Demoitlon of historic sites or archaeoogical sites, or buildings, structures, improvements, and appurtenances within historic districts will shall be regulated by the Historic Preservatbn Board in the manner described in Section 4.5.1(F). a. Demoltion aooBcations for historiGcontribuling and/or individually designated structures shall follow the following procedures: i. be accompanied by a cAmplete application for redevelopment of the ro e r Planning and Zoning Board Memorandum Staff Report, December 3, 2007 Amendment to LDRs re: Nuisance and Demolition -Ordinance 55-07 i i. iii. b. Demc fellow i. c. All sti the redevelopment. Option B Analysis Option B has been revised to outline procedures for demolition proposals for contributing, non- contributing, and Individually designated structures. Proposals to demolish histodGcontributing andlor individually designated structures will require submittal of 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 demoliton 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 Derrtdition of historic sites; or archaeobglcal sites, or buildings, structures, improvements, and appurtenances within historic districts wit! shall be regulated by the Historic Preservation Board in the manner described in Section Option C Analysis 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 pennit has been issued for the redevelopment. Further, the structure(s) to be demoished 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: David T. Harden, City Manager DATE: January ] 0, 2008 SUBJECT: AGENDA ITEM 10.C -REGULAR COMMISSION. MEETING_OF JANUARY 15, 2008 ORDINANCE NO. 03-08 (SECOND READING/SECOND PUBLIC HEARING) ITEM BEFORE COMMISSION This ordinance is before Commission for second reading and second public hearing for a privately initiated a mendment to the Land Development Regulations (LDR) Article 4.7 "Family/Workforce Housing", to expand the Carver Estates Overlay District. BACKGROUND At the first reading on January 3, 2008, the Commission passed Ordinance No. 03-08. RECOMMENDATION Recommend approval of Ordinance No. 03-08 on second and final reading. ORDINANCE N0.03-08 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 ARTICLE 4.7, "FAMILY/WORKFORCE HOUSING", SECTION 4.7.1, "DEFINITIONS", BY REPEALING SUBSECTION 4.7.1(C), "CARVER ESTATES OVERLAY DISTRICT" AND ENACTING A NEW SUBSECTION 4.7.1(C), "CARVER ESTATES OVERLAY DISTRICT", AND AMENDING SUBSECTION 4.7.1(L), "INFILL WORKFORCE HOUSING AREA", BY REPEALING MAP 2 AND ENACTING A NEW MAP 2, TO PROVIDE FOR EXPANSION OF THE CARVER ESTATES OVERLAY DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on December 17, 2007, and voted 5 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 I . That the recitations set forth above are incorporated herein. Section 2. That Article 4.7, "Family/Workforce Housing", Section 4.7.1, "Definitions", Subsection 4.7.1(c), "Carver Estates Overlay District", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby repealed and a new Subsection 4.7.1(c), "Carver Estates Overlay District", is enacted to read as follows: c. Carver Estates Overlay District -The area shown on [he map below. SW. ,m si. •~i _ S. W. ~ ~...._- ~ i I - ~ a -, a - - _ AUBURN CIPCI£ NORTH ~~ ti r - ° - w _ . a y 3 3 T u 4P N __y W 6 T. s f ~-_ _ _. S.W. A BNRN pR 2~`~ P ~ ~i '~ _ p0~~ AUBURN tlP 5 - cAPNEQ ESTATES ~ ~ ~y ~.. - n11 CT l V3, I € Sw. 8 S.W. _ _ 6 Q S.W 3 3 a ry 5 W. h~n 3 3 3 3 I S W. BOTH / i ` ~ '~ Section 3. That Article 4.7, "Family/Workforce Housing", Section 4.7.1, "Definitions", Subsection 4.7.1(1), "Infill Workforce Housing Area", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended by repealing Map 2 and enacting a new Map 2 to read as follows: 2 ORD. NO. 03-OS ,. ~._.~ _ , _ a C ~ Sus'.t~.w:;%:a-L\ ~ ...-w1 -r. `ITI ~ I..: ~ MHPI 0131 1 I ~1/C\IfiC ~l '.. ~ 1 V{~A•Y~'~. Y ~ Y ~ 11 I ~ I ~ ~. 1 "!. I '"` ~f t I ~ S € € IID € ~?~ ~- ` lYli~ i E ~ x~ p ~ ~^" ~ 1, ~Q yT~ ..~. s j !~ ~ ~ ~ ~ ro\~ ~_ ' i ~x '.. Io ~,. ~ ~~ ~0 i ~ 1~. ~`, ~~' ' ~ ~ ¢ K c~ ~ .`~ x ~ .~ E I pp ~ ~'I 1 . ~ ;W - 4". .. cr ~ t ' ~. ' '~ ` ~ e ~ ~ !~R ~.- os -Gi uy ' ~~ to ... i " '' Q ~r-`~ yy~ # r i ~iAN„ ~ e s LDS y ~~ GB ~ t ~, FS 1 ~ ~ ~ M Q / e e s pp _ I ~' ~~~ t" ~ ~ T ld~ J~.j. ~ ~ ~ \~ }- r . ~ r ~~ I.( ~ `~ ~\ S Z i . L' .' ~ lD ~ / /// ~ ~ ~ ~ ~~ U ~yP~ ~ ~ ~ ~~8. ~~ t..A~ ~ .~:E'xi.^, ,.,.~~.A . ~x i G9N1 fIC ~' 7 i ~ ~. :~ ~ 4, `..~'V ~. ~ a °~ ~ rxrr K al ~ d ~ ~° ~I~~ ~ E ~. ~. _ ~ ~,~, ~Ee~ .. ~ '_ '". a '~<~~i to . i i, i ~~ __ ~ U' `. ~ -+~`a. __ ap303 ry.9 Infill Workforce Housing Area _ _ _ _ _ ~ ~,~ _ _ _ _ _ ~"~' 18 Units Per Acre ,,, ~;~~.~ ~,,",E„. w~ !`\_ Coastal High Hazard Area „„,e,,,,,,„, ~R.~w.r=~.. 3 Map 2 ORD. NO. 03-OS Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That this ordinance shall become effective immediately upon its passage on second and tnal reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 200_ ATTEST MAYOR City Clerk First Reading Second Readi 4 ORD. NO. 03-OS J MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald R. Hoggazd, Jr., AICP, Principal Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: December 19, 2007 SUBJECT: AGENDA ITEM.I2,A, -REGULAR COMMI$SION.MEETING OF JANUARY 3, 2008 ORDINAN CE. N0..03.08 ITEM BEFORE COMMISSION Consideration of a privately initiated amendment to Land Development Regulations Article 4.7, "Family/Workforce Housing", to expand the Carver Estates Overlay District. BACKS,ROUND On April 4, 2006, the City Commission adopted Ordinance Nn. 18-06 to expand the Family/Workforce Housing Program by increasing the maximum density for the "Carver Estates Overlay District" from 12 units per acre to 24 units per acre and creating a new overlay district, the "Jnfill Workforce Housing Area," with a maximum density of 18 units per acre. On November 2Q, 2007, the City Commission adopted Comprehensive Plan Amendment 2007-2, which included a privately initiated text amendment to amend the description of the Medium Density FLUM designation to include the Carver Estates Overlay District. The purpose of the text amendment was to allow the overlay district to be expanded northward to include the southern half of Aubum Trace (an existing multi-family residential development}, where higher density is required [o support redevelopment. This area is currently located within the Infill Workforce Housing Area. The purpose of the proposed LDR text amendment is to implement the adopted Comprehensive Plan amendment by modifying two maps within Article 4.7, "Family/Workforce Housing" of the Land Development Regulations. The first map, is in Subsection 4.7.1 (c) which depicts the Carver Estates Overlay District and the second map, in Subsection 4.7.1 (I), depicts the Infill Workforce Housing Area. REVIEW_BY OTHERS The text amendment was considered by the Planning and Zoning Board on December 17, 2007. No one from the public spoke on the issue. The Board unanimously recommended approval on a 5 to 0 vote by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria se[ forth in Section 2.4.5(M) of the Land Development Regulations. RECOMMENDATION By motion, approve on first reading Ordinance No. 03-08 for a privately initiated amendment to Land Development Regulations Article 4.7, "Family/Workforce Housing", Section 4.7.1, "Definitions", Subsections 4.7.1(c), "Carver Estates Overlay District" and 4.7.1(1), "Infill Workforce Housing Area", amending the maps for the Carver Estates Overlay District and the Infill Workforce Housing Area, by adopting the findings of fact and law contained in [he Staff Report and 5nding that the amendment is consistent with the Comprehensive Plan and meets the criteria set forth in Section 2.45(M)(5) of the Land llevelopment Regu]ations. ORDINANCE NO. 03-08 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 ARTICLE 4.7, "FAMILY/WORKFORCE HOUSING", SECTION 4.7.1, "DEFINITIONS", BY REPEALING SUBSECTION 4.7.1(C), "CARVER ESTATES OVERLAY DISTRICT" AND ENACTING A NEW SUBSECTION 4.7.1(C), "CARVER ESTATES OVERLAY DISTRICT", AND AMENDING SUBSECTION 4.7.1(L), "INFILL WORKFORCE HOUSING AREA", BY REPEALING MAP 2 AND ENACTING A NEW MAP 2, TO PROVIDE FOR EXPANSION OF TILE CARVER ESTATES OVERLAY DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DA'I'S. WHEREAS, pursuant to LDR Section 1.t.6, the Planning and Zoning Board reviewed [he proposed text amendment at a public hearing held on December 17, 2007, and voted 5 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 WHERF,AS, 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 I . That the recitations set forth above are incorporated herein. Section 2. That Article 4.7, "Family/Workforce Housing", Section 4.7.1, "Definitions", Subsection 4.7.1(c), "Carver Estates Overlay District", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby repealed and a new Subsection 4.7.1(c), "Carver Estates Overlay District", is enacted to read as follows: c. Carver Estates Overlay District -The area shown on the map below. ..~,,.. _ ~ SW. Y weurtu twat wWm '~ d a `% ~ ~ C i__ uwx ox. __ '~ u.reua' w s nue~nn w. ,m n. SN.... ~,,. ST Y _ ~ ~ UJ1\LI ETlAlC9 ~ ~ ~ n w ~ Li. _ ._. n S.W SW. _ .. '~._. I.... I _ _ _ < ... - -_~ _ .w. sW i N S W. 10TH I Section 3. That Article 4.7, "FamilylWorkforce Housing", Section 4.7.1, "Definitions", Subsection 4.7.1(1), "infill Workforce Housing Area", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended by repealing Map 2 and enacting a new Map 2 to read as follows: 2 ORD. NO. 03-08 Map 1 0/3 95 l ~ , t ~ s a . ,1' Il: p°~~ ' Iy ,,1 ,f ~ l ~ ~ '' p .;~; Y .. :N! 7NR $Tt - :.emu C ¢ o Y __ r ~ a r i ~ e,. » ., _. ~ ~` h P p ,,' i .F . ~ ~, 3 .,. ~ ' • ' r .• ~. I GJ iF) ~ ~ _ _ O ~ r ~ gJIN- ~ ~ 1 i i ~ ~' t c• ~ ~ ~~ [ 1. V / Yr 1 LLLI ~ .. ~ ~ a [ LOTH "" 3fi- to ,, '~ is ~ IW I~F~~ ~ ~, ~ Fi ~ ~r ~ _ _ _ t ' _ 'l ~~ ~_ . _ '~~~ ~' o ~ r` .n ~. \ ~ ~ ~~~ti ~' I~ ~`~ ~„ N d `3 lnfill Workforoe Housing Area 18 Unifs Per Acre \~ Coastal Hgh HazaFd Area ~-'~~m \> ;~ ~ i , i \: Q ' F ` Cf ` \ "' ~ ~i.~.. t{~ +. ` 1 ~k \ r ~'.;~ 3 ~,.~.. ~.__..... _~ . -.......... u CIIY6L6/MYlE1p(0. ...,.,.,,.~.~w,~,,, ~~ ..IY'RMMEYVPTN.. Map 2 3 - ORD. NO. 03-08 Section 4. That should any section or provision of [his ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That all ordinances or parts of ordinances in conFlict herewith be, and the same are hereby repealed. Section 6. That [his ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 200_. ATTEST MAYOR City Clerk First Reading Second Reading q ORD. N0.03-08 PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING DATE: DECEMBER 17, 2007 AGENDA NO: IV. D. AGENDA ITEM: CONSIDERATION OF A PRIVATELY INITIATED AMENDMENT TO LAND DEVELOPMENT REGULATIONS ARTICLE 4.7 "FAMILY ! WORKFORCE HOUSING", EXPANDING THE CARVER ESTATES OVERLAY DISTRICT. ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission regarding a privately initiated amendment to land Development Regulations Article 4.7, "Family/ Workforce Housing", to expand the Carver Estates Overlay District. 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. BACKGROUNDIANALYSIS The Family/Workforce Housing Ordinance, adopted by the City Commission on December 6, 2004, included incentives to provide workforce housing by allowing density bonuses within the Southwest Neighborhood Overlay District. On April 4, 2006, the City Commission adopted Ordinance No. 18-06, to expand the Program by providing additional opportunities and incentives for the provision of workforce housing. These modifications included an increase in the maximum density for the "Carver Estates Overlay District" from 12 units per acre to 24 units per acre and the creation of a new overlay district, the "Inflll Workforce Housing Area," with a maximum density of 18 units per acre. On November 20, 2007, the City Commission adopted Comprehensive Plan Amendment 2007- 2, which included a privately initiated text amendment to expand the Carver Estates Overlay District by amending the description of the Medium Density FLUM designation to include the Overlay District. The expanded overlay district now includes the southern half of Auburn Trace (an existing multi-family residential development), where the higher density is required to support redevelopment. This project is part of a large scale private sector redevelopment initiative that will have a major effect on the stabilization and revitalization of the entire neighborhood; provide much needed workforce housing; and become a catalyst for additional redevelopment. The purpose of the proposed LDR text amendment is to implement the adopted Comprehensive Plan amendment. The text amendment consists of amending two maps within LDR Section 4.7.1, "Definitions." The first map, shown below, is in Section 4.7.1(c) which depicts the Carver Estates Overlay District and the second map, in Section 4.7.1 (I), depicts the Infill Workforce Housing Area. The amended maps, attached to this staff report, involve moving a portion of the infill Workforce Housing Area into the Carver Estates Overlay District. IV.D. Planning and Zoning Board Memorandum Stall Report, December 17, 2007 Amendment to LDRs to Expand the Carver Eslates Overlay District Page 2 u~~, ~ ~~ ~ ..,,_ ~ ~~ _ ~~ ~ ~ .k __ , ~ AF ~ 7 .>.: ~ ~~ _ REQUIRED FINDINGS LDR Section 2.4.5(M1f5) IFindinos): Pursuant to LDR Section 2.4.5(M)(5) (Findings), in addition to LDR Section 1.1.6(A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. Comprehensive Plan Policies: The goals, objectives and policies of the Comprehensive Plan were reviewed and the following applicable objectives and policies were noted: Future Land Use Element Objective A-T: To encourage the provision of workforce housing in the City, the following policies shall be implemented. Pollcy A-7.1: The maximum density may be increased within the Medium Density, General Commercial and Transitional Future Land Use designations through the Workforce Housing "Density Bonus Program". The concept is that for every workforce housing unit that a developer builds, a calculated number of market rate units greater than would be allowed otherwise may be built. Pollcv A-T.2: Workforce Housing Oveday Districts shall be identified on the Future Land Use Map. The maximum density within these districts shall be as follows: • The MROC (Mixed Residential Office Commercial) zoning district shall have a maximum density of 40 units per acre except within the Tri-rail Station Overlay where the maximum density is 50 units per acre. The Southwest Neighborhood and Carver Estates Overlay Districts shall have a maximum density o/ 24 units per acre. • The I-95/CSX RR Corridor Overlay District shall have a maximum of 24 units per acre. • The SW 1 d" Street Overlay District shall have a maximum density of 12 units per acre. Planning and Zoning Board Memorandum Statf Report, December 17, 2007 Amendment to LDRs to Expand the Carver Estates Overlay District Page 3 • The Four Corners Overlay District shall have a maximum density o130 units per acre. All other Overtay Districts shall have a maximum density of 18 units per acre. The proposed amendment will further these policies by supporting expansion of the Workforce Housing Program. The goal of this program is to encourage the provision of housing which is affordable to very low to moderate income households. Based on the above, a positive finding can be made that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive. REVIEW BY OTHERS The Community Redevelopment Agency (CRA) reviewed the amendment at their December 13, 2007 meeting and recommended approval. Courtesv Notices: Courtesy notices were provided to [he following homeowner and civic associations: • Neighborhood Advisory Council Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ASSESSMENT ANb CONCLUSION The purpose of this privately initiated LDR text amendment is to implement a text amendment adopted as part of Comprehensive Plan Amendment 2007-2, which expands the Carver Estates Overlay District to the north. Positive findings can be made with respect to LDR Section 2.4.5(M)(5). RECOMMENDED ACTION Move a recommendation of approval to the City Commission for a privately initiated amendment to Land Development Regulations Article 4.7 "Family /Workforce Housing", Subsection 4.7.1, "Definitions" amending the maps for the Carver Estates Overlay District and the Infill Workforce Housing Area, by adopting the findings of fact and law contained in the Staff Report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M)(5). Attachments: • Carver Estates Oveday District Map • Infill Workforce Housing Area Map s:\planning 8 zoning\boardslp8z boardlldr amentlment workforce housing expansion of carver overlay.doc N PROPOSED FUTURE LAND USE MAP AMENDMENT ..,,,~_ CARVER ESTATES OiY Cf DELRAY DEACH, R G DEPARINENi i OPRDPOSED FU?URE I.WD USE MAPAMENDMENf:I~(AEDIUM DEESR'Ij PLANNitG! 20N N -- LW.YIK (MS£ MN' S15iETl NiP Rtf: lM~02~ /~ Map 1 0/ 3 t q. 1 I _/Ct~~ ~ t •1•~~• 95 --~ -~--r.. _ _ f(~ ~ f t I Y t ~ I ev ~ i, + t~ a '~1 ~. t ar , ~, 1 ~ 1 1 IYD. ~ "' t ._ I, , .~ >, .V1/. 2Nt~ $r; --a t to ~. ~, ,~ ~ - ~, ~ ~ L"o t, .~~` ~ -- > > Oe 1~` I ~ 'F ~:. y ~- y • I~k~~k nt i' ~, ~ ~ .. - r E •r t Y ~ , t ;" _ os cj yr cs . LDS ~ _ _ .. .. I -- S I 1 k 1 .LDI „.. . M N' e e t S 1 ~ ~~ ~ 1 = ~OrH ' _'~, ~ _sfi- ~ ~tt,,,~~ ,~ ,, ~ ~ _+ TAN ~'° ~ ~~,~~ „h ~ .. ~. ~ ~ 1 _ ?~~h ~ r ;4 ~~ ~n~l ~1 .r ,~ i ~. ~~ _ y J gQ ~ ~ ': .•, ~, ~ ~ ~ '* r Rnh psi ~ ~.. Ode' ~ ~~tt~~ . TAN (i_~ Infill Workforce Housing Area 18 Units Per Acre ~~~ Coastei High Hazard Area ~. v ~~~ ~~ t a 1 ~' ~ i 1 f ;~`' ~,t ;. ~. 1 .' i t .t t t W ~~~.~a gAlMWI6. ZfM6NQ OH•.Rtl®,. t~~ ~.,».,: ~,,,,a .. MBIIK 818EINOSYSiBJ-- MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: January 10, 2008 SUBJECT: AGENDA ITEM 10.D - REGULAR.COMMISSION MEETING OF JANUARY 15, 2008 ORDINANCE N0.04-OS (SECOND READING/SECOND PUBLIC HEARING) ITEM BEFORE COMMISSION This ordinance is before Commission for second reading and second public hearing for a c ity initiated a mendment to the Land Development Regulations (LDR) to clarify that residential uses within the Mixed Industrial and Commercial (MIC) zoning district are permitted only within the I-95/CSX Railroad Comdor Overlay District. BACKGROUND At the first reading on January 3, 2008 the Commission passed Ordinance No. 04-08. RECOMMENDATION Recommend approval of Ordinance No. 04-08 on second and final reading. ORDINANCE N0.04-08 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 4.4.19, "MIXED INDUSTRIAL AND COMMERCIAL (MIC) DISTRICT", SUBSECTION 4.4.19(A), "PURPOSE AND INTENT", TO CLARIFY THAT RESIDENTIAL USES ARE PERMITTED ONLY WITHIN THE 1-95/CSX RAILROAD CORRIDOR OVERLAY DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on December 17, 2007, and voted 5 to 0 to recommend that [he changes be approved; and WHEREAS, pursuant to Florida Statute 1633174(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 1T ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section L That the recitations set forth above are incorporated herein. Section 2. That Section 4.4.]9, "Mixed Industrial and Commercial (MIC) District", Subsection 4.4.19(A), "Purpose and Intent", 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: (A) Purpose and Iuteut: The Mixed Industrial and Commercial (MiC) District is created in order to provide for a mix of industrial, commercial, and office use in a single zone district. The uses allowed are intended to enhance employment opportunities in the industrial, manufacturing and trade sectors, with supporting business and professional office functions. Retail uses are appropriate on a limited basis, and only as a secondary use within the district. Residential uses may also be permitted as a conditional use within the I-95/CSX Railroad Corridor Overlay District, provided at least 25% of the units are workforce housing units which comply with the provisions of Article 4.7, "Family/Workforce Housing." The maximum density is twenty-four (24) units per acre. The actual density will be based upon the development's ability to achieve the performance standards of Section 4.4.6(1). The M7C District is to be located in areas designated for the primary use -industry and commerce - as shown on the Future Land Use Map. Section 3. That should any section or provision of this ordinance or any portion thereof any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 200_ ATTEST MAYOR City Clerk First Reading Second Reading 2 ORD. NO. 04-OS J MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald R. Hoggard, Jr., AICP, Principal Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: December 19, 2007 SUBJECT: AGENDA [TEM 12.D. -REGULAR COMMYSSION.MEETING OF.]ANUARY 3, 2008 ORDINANCE N0.04.OS ITEM BEFORE_C9MMISSION Consideration of aCity-initiated amendment to the Land Development Regulations to clarify that residential uses within the Mixed Industrial and Commercial (MIC) zoning district are permitted only within the I-95/CSX Railroad Corridor Overlay District. BACKGRO~IND On March 20, 2007, the City Commission adopted Ordinance No. ]0-07, amending the Land Development Regulations to expand the Family/Workforce Housing program by creating an additional workforce housing overlay district. The new I-95/CSX Railroad Corridor Overlay Dis[ric[, located on Depot Road, between I-95 and the CSX Railroad, allows residential uses up to 24 units per acre, subject to conditional use approval. The Ordinance included modification of the "Purpose and Intent" section of the MIC zoning district to add residential uses within the district. However, since adoption of the amendment, there has been some confusion as to where residential uses may be located within the zoning district. The purpose of the proposed amendment, is to clarify that they aze permitted only within the 1-95/CSX Railroad Corridor Overlay District. REVIEW BY_QTHERS The text amendment was considered by the Planning and Zoning Boazd on December 17, 2(107. No one from the public spoke on the issue. The Board unanimously recommended approval on a 5 to 0 vote by adopting the findings of fact and law contained in the staff repots and finding that the amendment is consistent with [he Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. RECQMMENDA.TION By motion, approve on first reading Ordinance No. 04-08 for aCity-initiated amendment to the Land Development Regulations Section 4.4.19, "Mixed Industrial and Commercial (MIC) District", Subsection 4.4.19(A) "Purpose and Intent", to provide clarification that residential uses within the MIC zoning district are permitted only within the I-95/CSX Railroad Corridor Overlay District, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING DATE: DECEMBER 17, 2007 AGENDA NO: IV. E. AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDRS), SECTION 4.4.19 "MIXED INDUSTRIAL AND COMMERCIAL (MIC) DISTRICT", SUBSECTION 4.4.19(A) "PURPOSE AND INTENT", TO CLARIFY THAT RESIDENTIAL USES ARE PERMITTED ONLY WITHIN THE 1-95lCSX RAILROAD CORRIDOR OVERLAY DISTRICT. ITEM BEFORETHE-BOARD The item before the Board is that of making a recommendation to the City Commission regarding a City-initiated amendment to the Land Development Regulations to clarify that residential uses within the Mixed Industrial and Commercial (MIC) zoning district are permitted only within the I- 95/CSX Railroad Corridor Overlay District. 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. BACKGROUNDIANALYSIS On March 20, 2007, the City Commission adopted Ordinance No. 10-07, amending the Land Development Regulations to expand the Family/Workforce Housing program by creating an additional workforce housing overlay district. The new I-95/CSX Railroad Corridor Overlay District, located on Depot Road, between I-95 and the CSX Railroad, allows residential uses up to 24 units per acre, subject to conditional use approval. The Ordinance included modification of the "Purpose and Intent" section of the MIC zoning district to add residential uses within the district. However, since adoption of the amendment, there has been some confusion as to where residential uses may be located within the zoning district. The purpose of the amendment, now before the Board for action, is to clarify that they are permitted only within the I-95/CSX Railroad Corridor Overlay District. The amended "Purpose and Intent" section is to read as follows: "The Mixed Industrial and Commercial (MIC) District is created in order to provide for a mix of industrial, commercial, and office use in a single zone district. The uses allowed are intended to enhance employment opportunities in the industrial, manufacturing and trade sectors, with supporting business and professional office functions. Retail uses are appropriate on a limited basis, and only as a secondary use within the district. Residential uses may also be permitted as a conditional use within the 1-95/CSX Railroad Corridor Overlav District, provided at least 25% of the units are workforce housing units which comply with the provisions of Article 4.7, "Family/Workforce Housing." The maximum density is twenty-four (24) units per acre. The actual density will be based upon the development's ability to achieve the performance standards of Section 4.4.6(1). The MiC District is to be located in areas designated for the primary use -industry and commerce - as shown on the Future Land Use Map." REQUIRED FINDINGS LDR Section 2.4.5(Ml(51 IFindingsl: Pursuant to LDR Section 2.4.5(M)(5) (Findings), in addition to LDR Section 1.1.6(A), the City Commission must make a finding that the text IV. E. Planning and Zoning Board Memorandum Staff Report, December 17, 2007 Amendment to LDRs Pertaining to Workforce Housing Program - I-95iCSX Railroad Corridor Page 2 amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. Comprehensive Plan Policies: The goals, objectives and policies of the Comprehensive Plan were reviewed and the following applicable objectives and policies were noted: Future Land Use Element Objective A-7: To encourage the provision of workforce housing in the City, the following policies shall be implemented. Pollcv A-T.l: The maximum density may be increased within the Medium Density, General Commercial and Transitional Future Land Use designations through the Workforce Housing "Density Bonus Program". The concept is that for every workforce housing unit that a developer builds, a calculated number of market rate units greater than would be allowed otherwise may be built. Pollcv A-7.2: Workforce Housing Overlay Districts shall be identified on the Future Land Use Map. The maximum density within these districts shall be as follows: The MROC (Mixed Residential Office Commemiat) zoning district shall have a maximum density of 40 units per acre except within the Tri-rail Station Overlay where the maximum density is 50 units per acre. • The Southwest Neighborhood and Carver Estates Overlay Districts shall have a maximum density of 24 units per acre. The I-95/CSX RR Comdor Overlay District shall have a maximum of 24 units per acre. • The SW 10`" Street Overlay District shall have a maximum density of 12 units per acre. • The Four Corners Overlay District shall have a maximum density of 30 units per acre. • Alt other Overlay Districts shall have a maximum density of 18 units per acre. While this amendment is corrective, it's inclusion in the LDRs is a necessary part of the overall implementation of the City's FamilylWorkforce Housing Program, which furthers this objective and policies. ASSESSMENT AND CONCLUSION The purpose of this City-initiated LDR text amendment is to modify the "Purpose and Intent" section of the Mixed Industrial and Commercial (MIC) zoning district to allow the section to be interpreted as it was intended, by providing clarification that residential uses within the MIC zoning district are permitted only within the I-95/CSX Railroad Corridor Oveday District. Positive findings can be made with respect to LDR Section 2.4.5(M)(5). RECOMMENDED ACTION Move to recommend to the City Commission approval of aCity-initiated amendment to the Land Development Regulations (LDRs), Section 4.4.19, "Mixed Industrial and Commercial (MIC) District", Subsection 4.4.19(A) "Purpose and Intent", to provide clarification that residential uses within the MIC zoning district are permitted only within the I-95/CSX Railroad Corridor Overlay 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 Section 2.4.5(M) of the Land Development Regulations. s:lplanning & zoning\boards\ptfz boardUdr text amendment workforce housing i-95-csx corrido2.doc MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: January 10, 2008 SUBJECT: AGENDA ITEM 10.F. -REGULAR. COMMISSION. MEETING OF JANUARY 15, 2008 ORDINANCE NO. 01-08 ITEM BEFORE COMMISSION This ordinance is before Commission for a City initiated amendment to the Land Development Regulations (LDR) Section 2.4.3 "Submission Requirements" to specify the required sca]es to which various components of development plans must be prepared. BACKGROUND At the first reading on January 3, 2008, the Commission passed Ordinance No. 01-08. RECOMMENDATION Recommend approval of Ordinance No. 01-08 on second and final reading. ORDINANCE NO.Ol-OS AN ORDINANCE OF THE QTY COMMISSION OF THE QTY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 2.4.3, "SUBMISSION REQUIREMENTS", SUBSECTIONS (A), "STANDARD APPLICATION ITEMS", (B), "STANDARD PLAN ITEMS", (D), '"PRELIMINARY ENGINEERING PLANS", AND (FI), "SUBMISSION (PLATTING) ITEMS" TO PROVIDE FOR UPDATED SUBMISSION REQUIREMENTS PERTAINING TO ENGINEERING ITEMS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text arrendment at a public hearing held on December 17, 2007 and voted 5 to 0 to reconmrnend 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 Agenc}; has detemmined 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 Cmty Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE QTY COMMISSION OF THE QTY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein Section 2. That Section 2.4.3, "Submission Regidrenments", Subsection (A), "Standard Application Items", of the Land Developrrent Regulations of the Code of Ordinances of the Cmty of Delray Beach, Florida, be and the same is hereby amended to read as follows: Section 2.4.3 SUBMISSION REQUIREMENTS This Section sets forth items which are to accompany an application for development approval. These requirements maybe waived when, on a case by case basis, the Director finds that such material is not relevant or necessary to fully analyze or make a determination relative to an application Also, the Director may require submission of additional information asset forth herein. (A) Standard Application Items: Every application for a development approval shall contain the following items: (1) A completed application form, appropriate for the development approval which is sought, as provided by the Director. (2) A copy of the latest waranty deed, as recorded with the County Clerk, for all the property under consideration, and a certificate from an atton~at-law or a title ins~n~azlce company certifying who the crment fee simple title holders of record of the subject property are, and the nature and extent of their interest therein (3) If the applicant is other than a single person owner, the written consent of the owner(s) must be provided in a certified form. When an application is executed on behalf of a corporation or a business entity, docrarrentation must be provided which demonstrates that the corporations representative is authorized to act on behalf of the corporation (4) A vicinity map which clearly shows the subject property, adjacent properties, and their re]ationship to streets located, at a mutirnrmr, within one-half mile of the property. Vicini ma~shall be at a scale that is readily readable and include sufficient landmarks to grrickly identify location of proposed project. (5) A survey or plat which shows the property descnbed pursuant to the legal description contained in the warranty deed required in subsection (2), above. Such surveyor plat shall show all improvements on the property and must be certified as reflecting conditions on the site as they existed within six (6) months prior to the filing of the application (6) For all items which involve a public hearing which must be noticed by letter, a list of adjacent property owners pursuant to Section 2.4.2(B)(1)(n). ('~ Copy of a letter of notification to utility providers to which a copy of the site plan or plat is provided. (Standard form letter provided by the Gty). [Reference 2.4.2(C)(2)(a)]. (8) Payment of the appropriate processing fee. See Section 2.4.3(x) for the fee schedule. (9) A completed "School District of Palm Beach County -School Concrmency Application and Service Provider Fomi', and a check or money or~r for the appropriate fee, made payable to: The School District of Palm Beach County This is required for all projects which inclrrde residential dwelling units. ORD. NO. O I-08 Section 3. That Section 2.4.3, "Submission Regrrirernants", Subsection (B), "Standard Plan Iterr>s', of the Land Developrrent Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (B) Standard Plan Items: The following items shall be included as a part of any plan submission which requires formal action These include, but are not limited to: a site and development plan, landscaping plan, prelinunary engineering plans, or master (concept) plan (1) The srnvev, site plan, landscaping plan, preliminary engineering plans, arnd-all ^}'_^- ^'^^~ ^ ^ tree serve photometric lan irri lion tan excludin architectural elevations and oam--~~o, ~=s, Y= P ~ P ( g floor plans which shall utilize an architect's scalel shall be at the same scale. Acceptable scales shall include 1"=10': 1"=20' or 1"=30'. The size and location of structures, landscape areas, and other features shall be dimensioned (2) A title block which shows: the project name, the scale, the date of the drawing. revision numbers and revision dates (revised drawings which do not have revision numbers and dates shall not be accepted), page numbers, name of what is being presented (e.g landscaping, paving and drainage, etc.), and the name of firm or individual wino prepared the drawing. (3) A north arrow and a location map inset. (4) The perirreter of the property described pursuant to the legal description contained in the submitted warranty deed (5) The center line of the right-of-way of any adjacent street with the basis of the center line clearly stated; the center line of the existing pavement; the width of the street pavement; the location and width of any adjacent sidewalk and the identification of any improvements located between the property and any adjacent street. (6) The approximate location of intersecting lot lines of adjacent parcels and the approximate location of the nearest structures and/or significant improvements on those parcels. (7) The location of the nearest driveway or point of access of adjacent properties (including property across a street, which shares a common street with the subject property). If there are no driveways within 50', then they do not need to be shown; however, a note to this situation shall be provided (8) The approximate location of aboveg}ound and underground utilities including water, sewer, drainage, power, gas, telephone, and cable television; poles and guy wires; transfomner boxes, etc. The plan shall identify the disposition of all such existing utilities. (9) The location of any other sigrificant features, including vegetation and all trees which have a diameter of four inches (4") or greater, measured at 4.5' above grade; water bodies and ORD. NO. OI-OS water courses; and other improvements. The plan shall identify the disposition of all such iterrn. A separate tree survey maybe required If so, it shall be at the same scale as the site plan NOTE: Items required in (8) and (9) maybe shown on one separate plan or survey sheet, and then only those items which are proposed to be incorporated with the proposed development need be shown on the site plan. (10) The location of all proposed structures with setbacks dimensioned from the closest property lines. (11) The intended use of each structure. This maybe accommodated directly on the drawing or by referencing the structures by letter and providing a chart. (]2) The paths of ingress and egress for vehicles and pedestrians onto and through the site. Traffic flow shall be indicated with arrows. Standard Manual of Uniform Traffic Control Devices (MU'I'CO) symbols shall be used to show control devices and pavement markings. A separate flow control plan maybe required (13) The location of parking areas and loading zones (areas). The number of parking spaces shall Ue shown on the plan. The plan shall show typical dimensions of parking spaces, landscape islands, and traffic aisles for each type of parking space which is provided In addition, a detail showing parking space striping, space sizing. and method(s) of providing wheel stops shall be provided (14) The manner in which all utility services are to be provided to the site and to individual structures on the site. (15) The location of any buffers, fencing, walls. A sketch of the type of such feature shall be provided (16) The location of proposed sighting with an indication of proposed height and dimnsions. Note: Sign approval is not a part of a site plan approval) (1'~ The location of proposed lighting fixtures with a note pertaining to height. A picture or sketch of the lighting fixture and a lighting coverage exhibit maybe required (18) The proposed location for solid waste disposal facilities. A note or detail shall be provided wf»ch identifies the height of mgtrired enclosures, the type of gating. and the type of materials to be used for the enclosure. (19) The location of all landscape areas and an indication of the type of vegetation (trees, sluubs, hedges, groundcover) which is to be provided therein ORD. NO. 01-OS (20) Spot elevations showing changes of elevations of not more than two (2'), existing and proposed, throughout the site and at a distance ten feet into adjacent property. Additional spot elevations and/or a topographic plan maybe required, (21) The F.E.MA. Flood Plain designation for the property, the base flood elevation, and a statement as to how provisions of the Flood Damage Regulations (Section 4.5.4) will be met. (22) If project phasing is proposed, such phases shall be clearly shown on the plan and a narrative describing the phasing program shall be provided (23) A completed "Project Data' sheet. This sheet shall be available at the Planning and Zoning Departrrent and shall be unique to different types of developrrent activity (i.e. cornrnereial, industrial, residential). (24) Plans which are submitted for formal action shall be stamped with a raised seal and signed by the preparer. [See Section 2.4.3 (lul)l Section 4. That Section 2.4.3, "Submission Requirements", Subsection (D), "Prelirnuiary Engineering Plans', of the Land Developrrent Regulations of the Code of Ordinances of the City of Delray. Beach, Florida, be and the same is hereby amended to read as follows: (D) PrelirninaryEng}neeringPlans: (1) Preliminary Engineering Plans shall provide information and be in a fomlat as mcluired by Section 2.4.3(B), Standard Plan Items. (2) Said plans shall be drawn on a topographic base (unless the use of spot elevations are previously approved by the City Engineer) with topographic features extended to ten feet (10') beyond the site. All Rlans shall be drawn on a sheet which is 24" by 36". (3) Said plans shall show the approximate location as shown in records of Delray Beach and/or field observations of all existing water, sewer, and drainage facilities along with streets, sidewalks, and above ground improvements which provide service to and on the site. Notes shall state the disposition of all existing facilities including service lines, meters, etc. (4) Said plans shall show the proposed location, sizing and design basis of water, sewer, fire suppression, and drainage facilities which are to serve the site, including pertinent calculations, and the rrethod of providing service to the proposed structures. (5) Said plans shall show the rrethod of providing service to proposed structures. (6) Said plans shall show the location of proposed street lights and shall address the responsibility for installation ORD. NO. OI-08 ('7) Surface water managerrent calculation indicating the proposed systems ability to meet storm water quality and quantity requirements in accordance with SFWMD (South Florida Water Management District) regulations. addition to Mans submitted meeting the scale requirement in Section 2 4.3 (Bl (1). Section 5. That Section 2.4.3, "Submission Requirements", Subsection (I~, ""Submission (Platting) Items", of the Land Development Regulations of the Code of Ordinances of the Gty of Delray Beach, Florida, be and the Sarre is hereby amended to read as follows: (I-I) Submission (Platting) Items: A preliminary or final plat shall contain the items identified in the following subsections. All plats shall be drawn at a scale of 1"=10', 1"=20' or 1"=30' .All plats shall be drawn on a sheet which is 24" by 36". (1) The Preliminary Plat: A preliminary plat shall be clearly titled "Preliminary Plat". It mist encompass all of the land which is render the legal description contained in the warranty deed(s) and shall show the following information (a) Items 1-5, 6-9, 20, and 21 of the Standard Plan Items listed in Section 2.4.3(B). (b) The name and location of adjacent subdivisions and lots. (c) All existing easerrments (recorded or apparent) and existing (internal) property or lot lines along with notations as to the purpose of the easements and reference to their recording instr~mient. Existing easernts and lot lines which are to be removed, abandoned, or relocated shall be shown in dashed lines. (d) The proposed boundary lines of new lots and tracts and easements. All such lines shall be dimensioned and the purpose of easements and of restricted use lots and tracts shall be identified (e) All streets shall show proposed street nacres. (f) The proposed location of street trees shall be shown if the subdivision is not associated with a site plan or landscape plan submission A separate exhibit shall show street tree specifications and planting details. For small subdivisions, the street tree plan maybe submitted in the form of a narrative. ORD. NO. 01-08 (g) The proposed location of street lights shall be shown if the subdivision is not associated with a site plan or landscape plan submission A separate exhibit which identifies the type of street lights and the responsibility for installation and maintenance shall be provided (h) If all of the land is not to be subdivided into individual lots but retained in a future development tract, the preliinina>y plat must show the general location of the anticipated street pattern, routing of utilities, points of access, and the proposed use for such tracts. A dedication statement shall be provided. The dedication shall be in the format shown in the City Subdivision Fours. Variations can be made to accommodate unusual situations; however, such variations must be fast agreed to by the City Engineer. When the dedication statement provides for common areas, a separate narrative is to be provided which describes the proposed method of ownership and maintenance. (j) The signature block shall be provided in the format shown in the Gty Subdivision Fours. (2) A Final Plat shall be drawn at a scale of 1"=10' 1":20' or 1":30'. Individual sheets, their size, margjnal lines, and other drafting considerations shall comply with requirements of Palm Beach County for the recordation of plats. Where the final plat requires more than one sheet, each sheet shall be keyed to a master map. The final plat shall show the following (a) A map showing the location of the subdivision with respect to Section or Government lot lines. (b) A title block as provided on the preliminary plat. (c) Boundary lines drawn incompliance with F.S. 177, Land Boundaries. (d) The accurate location material of all permanent reference mornnrents. (e) The exact layout, including street and alley lines, street names, bearing angles of intersection and widths (including widths along the lines of any obliquely intersecting street), lengths of arcs and radii, points of curvatiue and tangent bearings, all easements or rights-of-way where provided; all lot lines with dimensions in feet and hundredths and with bearings or angles if other than right angles to the street or alley lines. (f) Lots numbered in numerical sequence beginning with number one in each block, and blocks numbered in nurrerical order or lettered in alphabetical order. ORD. NO. OI-08 (~ The accurate identification of all property which is to be dedicated or reserved for public use including open drainage corpses and easements, and all property that maybe reserved by covenants in deeds for the common use of the property owners in the subdivision with the purposes indicated thereon (h) Mortgagee statements of consent. in the format provided in the City subdivision Forms. (i) Title Certification by an attome~at-law or title company, in the fom~at provided in the Gty Subdivision Fors. (j) Standard Dedication Statement, in the format provided in the City subdivision Forms. (k) Standard Signature Block, in the fom~at provided in the City subdivision Forms. (1) Sinveyv>s Certificate attesting to the accuracy of the survey and the pl~ernent of permanent reference monuments, in the format provided in the City subdivision Fors. (m) Name of the subdivision centered at the top of the page and a north arrow with scale. Section 6. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid such decision shall not affect the validity of the remainder hereof as a wlrole or part thereof other than the part declared to be invalid Section 7. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 8. That this ordinance shall become effective iinimdiately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of .2008. ATTEST MAYOR City Clerk ORD. NO. 01-08 First Reading Second Reading ORD. NO. OI-08 J MEMORANDUM TO: Mayor and City Commissioners FROM: Mark McDonnell, AICP, Asst. Director Planning and Zoning Paul Dorling, A[CP, Director Planning and Zoning THROUGH: City Manager DATE: December 21, 2007 SUBJECT: AGENDA ITEM 12.C. -. REGULAR COMMISSION MEETING OF JANUARY 3, 2008 ORDINANCE NO.OI.OS I'T'EM BEFORE COMMISSION Consideration of aCity-initiated amendment to the Land Development Regulations to specify the required scales to which various components of development plans must be prepared. BACKGROUND The primary purpose of this amendment is [o specify the required scales to which various components of development plans must be prepared. The survey, site plan, landscaping plan, preliminary engineering plans, etc., must be consistent, and this amendment specifies that 1" = 10'; 1" = 20', and 1" = 30' are acceptable. Also, a single preliminary engineering plan that shows all proposed improvements (i.e. composite) can be drawn at a scale other than those specified above. Further, preliminary and Gna] plats will now have 1" _ ]0' (in addition to 1" = 20' and 1" = 30') as an acceptable scale. Preliminary engineering plans must be prepared on sheets dimensioned at 24" X 36", and vicinity maps will now be required to be prepared at a legible scale and include sufficient landmarks to allow quick identification of the proposed project's location. REVIEW BX QTHERS The text amendment was considered by the Planning and Zoning Board on December 17, 2007. No one from the public spoke on the issue. The Board unanimously recommended approval on a 5 to 0 vote by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. RE~(gMMENDt~TION By motion, approve on first reading Ordinance No. O]-08 for aCity-initiated amendment to the Land Development Regulations Section 2.4.3., Submission Requirements, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth i^ Section 2.4.5(M) of the Land Development Regulations. PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: DECEMBER 17, 2007 AGENDA NO: IV.B. AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LANG DEVELOPMENT REGULATIONS (LDR), AMENDING SECTION 2.4.3., SUBMISSION REQUIREMENTS, TO SPECIFY AND MAKE CONSISTENT THE ACCEPTABLE SCALES AT WHICH VARIOUS DEVELOPMENT PLANS MUST BE PREPARED. ITEM BEFORE THE$OARD The item before the Board is to make a recommendation to the City Commission regarding acity- initiated amendment to Land Development Regulations (LDRs) Section 2.4.3, Submission Requirements, to address plan scales and to provide consistency. 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/ANALYSIS A similar LDR text amendment was considered by the Planning and Zoning Board at the November 19, 2007 regular meeting. The item was continued with staff directed to exclude the architectural and floor plans from the same requirements that would apply to site plans, landscape plans, engineering plans, etc., since they are typically drawn at an architect's scale and not at an engineer's scale. While including the language to provide for this exclusion, staff noted that other specifrc plans should be included in those to be drawn at an engineer's scale; the attached ordinance reflects this refinement to include photometric plans, survey plans, and irrigation plans. The primary purpose of this amendment is to specify the required scales to which various components of development plans must be prepared. Currently, the site plan, landscaping plan, preliminary engineering plans, and all other plans, must be consistent, and this amendment specifies that 1" = 10'; 1" = 20', and 1" = 30' are acceptable. At the Board's discretion, the clause 'and all other plans' is stricken, and architectural and floor plans are specifically excluded from the engineering scale requirement. Also, a single preliminary engineering plan chat shows all proposed improvements (i.e. composite) must utilize an engineering scale, however, it can be drawn at a scale other than those specified above. Further, preliminary and final plats will now have 1" = 10' (in addition to 1" = 20' and 1" = 30") as an acceptable scale. Preliminary engineering plans must be prepared on sheets dimensioned at 24" X 36", and vicinity maps will now be required to be prepared at a legible scale and include sufficient landmarks to allow quick identification of the proposed project. Planning and Zoning Board Meeting, December 17, 2007 LDR Amendment -Plan Scales REQUIRED FINDINGS 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..:' The proposed amendment furthers this objective and is therefore consistent. REVIEW BY OTHERS Notices: A courtesy notice was provided to the following organization: • Neighborhood Advisory Council Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION The purpose of this city-initiated LDR text amendment is to clarify and make consistent the acceptable scales at which various development plans must be prepared. ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations Section 2.4.3, Submission Requirements, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). C. Move a recommendation of denial to the City Commission of the amendment to Land Development Regulations Section 2.4.3, Submission Requirements, 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 fo be made in the affirmative). RECOMMENDED ACTION Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations, Section 2.4.3. Submission Requirements, 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: • City-initiated amendment