06-03-08 MinutesJUNE 3, 2008
A Regular Meeting of the City Commission of the City of Delray Beach,
Florida, was called to order by Mayor Rita Ellis in the Commission Chambers at City
Hall at 6:00 p.m., Tuesday, June 3, 2008.
1. Roll call showed:
Present - Commissioner Gary Eliopoulos
Commissioner Fred B. Fetzer
Commissioner Woodie McDuffie
Commissioner Brenda B. Montague
Mayor Rita Ellis
Absent - David T. Harden, City Manager
Also present were - Robert A. Barcinski, Acting City Manager
Susan A. Ruby, City Attorney
Terrill Pyburn, Assistant City Attorney
Brian Shutt, Assistant City Attorney
Lanelda D. Gaskins, Acting Deputy City Clerk
2. The opening prayer was delivered by Reverend Nancy Norman with Unity
Church of Delray Beach.
3. The Pledge of Allegiance to the flag of the United States of America was
given.
4. AGENDA APPROVAL.
Mayor Ellis stated there is revised information for Item 8.F., Contract
Closeout (C.O. No. 1/FINALI/Brang Construction, Inc./Bexlev Trail Community
Park Improvements Proiect and Item 8.M., Request to Change Commission
Meeting/Budget Hearing Dates. She stated there is additional information for Item
9.B., Consideration of Special Action Request/Office Depot/CVS Pharmacy
Buildings and additional information for Item 9.I., Appointment to the Code
Enforcement Board.
Also, Mayor Ellis stated there is additional information in the letter from
Attorney Michael Weiner for Item 10.B., Ordinance No. 24-08 (First Reading/First
Public Hearing).
Mr. Fetzer moved to approve the Agenda as amended, seconded by Mr.
Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr.
McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said
motion passed with a 5 to 0 vote.
06/03/08
5. APPROVAL OF MINUTES:
Mr. McDuffie moved to approve the Minutes of the Regular City
Commission Meeting of May 20, 2008, seconded by Mrs. Montague. Upon roll call the
Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis
-Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote.
6. PROCLAMATIONS:
6.A. Reco~nizin~ Israel Scout "Tzofim" Friendship Caravan Golan
Mayor Ellis read and presented a proclamation hereby recognizing and
commending Israel Scout "Tzofim" Friendship Caravan Golan for helping to spread the
message of peace, friendship and brotherhood through their performances. Caravan
Golan, Caravan Ramos, Caravan Meron and Shelly Weil came forward to accept the
proclamation. Mr. Weil also gave a few brief comments.
6.B. National Clean Beaches Week -June 30 -July 6, 2008
Mayor Ellis noted that this proclamation will be mailed.
7. PRESENTATIONS:
7.A. My Safe Florida Home Program Presentation
Jeremy Baker, Program Manager from the Florida Association for
Volunteer Action in the Caribbean and the Americas was not present. Therefore, Mayor
Ellis suggested that this be scheduled for a later meeting.
8. CONSENT AGENDA: City Manager Recommends Approval.
8.A. ACCEPTANCE OF RIGHT-OF-WAY DEDICATION/124 S.W. Stn
AVENUE: Approve and accept aright-of--way deed between the City and Lorenzo and
Priscilla Miller, for the property located at 124 S.W. 5th Avenue.
8.B. ACCEPTANCE OF RIGHT-OF-WAY DEDICATION/355 S.E. Stn
AVENUE: Approve and accept aright-of--way deed between the City and Rita Dew, for
property located at 355 S.E. 5`h Avenue.
8.C. ACCEPTANCE OF RIGHT-OF-WAY DEDICATION/1215 N.E. Stn
AVENUE: Approve and accept aright-of--way deed between the City and Vladmir
Runtov, for property located at 1215 N.E. 8th Avenue.
8.D. ACCEPTANCE OF EASEMENT DEED/PEDIATRICS BY THE
SEA: Approve and accept an easement deed for the installation of a sidewalk associated
with Class IV site plan modification for Pediatrics by the Sea, located at the northeast
corner of S.E. 5th Avenue and S.E. 3rd Street.
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8.E. CONTRACT CLOSEOUT (C.O. NO. 2/FINAL)/CATALFUMO
CONSTRUCTION LTD./OLD SCHOOL SQUARE PARKING GARAGE
PROJECT: Approve a Contract Closeout (C.O. No. 2/Final) in the amount of
$7,360,881.18 decrease and final payment in the amount of $101,688.19 to Catalfumo
Construction Ltd. for the completion of the Old School Square Parking Garage Project.
Funding is available from 380-4150-572-63.29 (2004 G.O. Bond/Improvements
Other/Old School Square Parking Garage).
8.F. CONTRACT CLOSEOUT (C.O. NO. 1/FINAL)/BRANG
CONSTRUCTION, INC.BEXLEY TRAIL COMMUNITY PARK
IMPROVEMENTS PROJECT: Approve a Contract Closeout (C.O. No. 1/Final) in the
amount of $29,898.00 decrease and final payment in the amount of $33,424.82 to Brang
Construction, Inc. for the completion of the Bexley Trail Community Park Improvements
Project. Funding is available from 380-4150-572-63.29 (2004 G.O. Bond/Improvements
OtherBexley Park).
8.G. SERVICE AUTHORIZATION NO. 07-06/MATHEWS
CONSULTING, INC./S.W. 12t AVENUE ALLEYS -PHASE I: Approve Service
Authorization No. 07-06 in the amount of $97,655.00 to Mathews Consulting, Inc. for
preparation of plans and bid documents for the construction of seven alleys and drainage
improvements along S.W. 12`h Avenue. Funding is available from 334-3162-541-68:49
(General Construction Fund/Other Improvement/S.W. 12`h/Auburn Alley Improvement).
8.H. INTERLOCAL AGREEMENT/PALM BEACH
COUNTY/DECORATIVE STREET LIGHTS: Approve an Interlocal Agreement
between the City and Palm Beach County for reimbursement in an amount not to exceed
$100,000.00 to cover documented costs of improvements associated with the installation
of decorative street lights along Martin Luther King Jr. (MLK) Drive/N.W. 2°d Street
from N.W. 4`h Avenue to N.W. 5`'' Avenue.
S.I. RESOLUTION NO. 17-08/SOUTH FLORIDA WATER
MANAGEMENT DISTRICT (SFWMD)/20 YEAR WATER SUPPLY PLAN:
Approve and adopt Resolution No. 17-08 committing to the Lower East Coast Regional
Water Supply Plan as adopted by the South Florida Water Management District.
The caption of Resolution No. 17-08 is as follows:
office).
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, COMMITTING
TO THE LOWER EAST COAST REGIONAL WATER
SUPPLY PLAN AS ADOPTED BY THE SOUTH
FLORIDA WATER MANAGEMENT DISTRICT.
(The official copy of Resolution No. 17-08 is on file in the City Clerk's
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8.J. AMENDMENT NO. 1 TO THE AGREEMENT/ARTIST FOR
ATLANTIC BRIDGE UNDERPASS PROJECT: Approve Amendment No. 1 to the
agreement between the City and artist, Michiko Kurisu to increase funding in the amount
of $20,020.00 for the Atlantic Avenue Bridge Underpass at Veteran's Park Project.
Funding is available from 115-1702-579-31.90 (Special Projects Fund/Professional
Services/Other Professional Services).
8.K. CALL TO ARTISTS/DEL IDA COMMUNITY PARK: Consider
approval of a request to allow the Public Art Advisory Board to advertise a call to artists
"Landscaping Artist in Residency Project" in the Del Ida Community Park. Funding is
available from 115-1702-579-31.90 (Special Projects Fund/Professional Services/Other
Professional Services).
8.L. RESOLUTION NO. 18-08/AFFORDABLE HOUSING ADVISORY
COMMITTEE: Approve and adopt Resolution No. 18-08 amending Resolution No. 12-
08, which created an Affordable Housing Advisory Committee in order to provide
broader membership eligibility.
The caption of Resolution No. 18-08 is as follows:
office).
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
RESOLUTION 12-08, WHICH CREATED AN
AFFORDABLE HOUSING ADVISORY COMMITTEE
IN ORDER TO PROVIDE BROADER MEMBERSHIl';
PROVIDING AN EFFECTIVE DATE.
(The official copy of Resolution No. 18-08 is on file in the City Clerk's
8.M. REQUEST TO CHANGE BUDGET HEARING DATES: Approve
and authorize staff to change the two (2) budget hearing dates to September 3, 2008 and
September 16, 2008.
8.N. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards for
the period May 19, 2008 through May 30, 2008.
8.0. AWARD OF BIDS AND CONTRACTS:
1. Contract award to H & J Contracting, Inc. in the amount of
$139,500.00 for excavating and expanding the existing pond near
the 14`h tee on Lakeview Golf Course. Funding is available from
441-5181-536-65.96 (Water & Sewer Fund/Other
Improvements/Reclaimed Water Transmission).
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2. Purchase award to Vermeer Southeast Sales in the amount of
$19,722.00 for the purchase of one (1) Yanmar Excavator, model
VIO-17 for the Parks and Recreation Department. Funding is
available from 119-4144-572-64.90 (Beautification Trust
Fund/Machinery Equipment/Other Machinery/Equipment).
3. Purchase award to Wal-Mart in the amount of $29,989.20 for the
purchase of 670 Evenflo Discovery Infant Car Seats for the Child
Passenger Safety Program. Funding is available from 001-2315-
526-52.20 (General Fund/Operating Supplies/General Operating
Supplies).
Mrs. Montague moved to approve the Consent Agenda as amended,
seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mrs.
Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr.
McDuffie -Yes. Said motion passed with a 5 to 0 vote.
9. REGULAR AGENDA:
9.A. APPEAL OF HISTORIC PRESERVATION BOARD DECISION/36
S.E. 1sT AVENUE: Consider an appeal of the Historic Preservation Board's decision
regarding the Certification of Appropriateness (COA), Class V Site Plan Application, and
associated waiver request for the new construction of a two-story office building located
at 36 S.E. ls` Avenue, Old School Square Historic District. (Quasi-Judicial Hearing)
(APPLICANT HAS REQUESTED POSTPONEMENT TO AUGUST S, 2008
REGULAR MEETING).
The City Attorney stated there has been a request by the applicant to
postpone this item until the Regular City Commission Meeting of August 5, 2008. She
stated this is the appeal of a Historic Preservation Board (HPB) decision regarding a
COA, site plan, and waivers for the property located at 36 S.E. ls` Avenue.
Mr. Fetzer moved to postpone to August 5, 2008, seconded by Mr.
Eliopoulos. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr.
Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes. Said
motion passed with a 5 to 0 vote.
9.B. CONSIDERATION OF SPECIAL ACTION REQUEST/OFFICE
DEPOT/CVS PHARMACY BUILDINGS: Consider a request for consideration to
reduce the parking spaces required pursuant to Land Development Regulations (LDR)
Section 4.6.9(C)(3)(A), "Requirements for Commercial Uses", by 56 spaces (from the
155 parking spaces required to the 99 spaces provided), for the Office Depot -CVS
Buildings located at 700 N.E. 6`h Avenue. (Quasi-Judicial Hearing)
9.C. WAIVER REQUESTS/OFFICE DEPOT/CVS PHARMACY
BUILDINGS DEVELOPMENT PROPOSAL: Consider three (3) waiver requests to
waive Land Development Regulations (LDR) Sections 4.6.14(A)(1) and (2), "Visibility
at Intersections", to reduce the required visibility triangle on the south side of the
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intersection of the driveway to N.E. 5`h Avenue from 20' to 15'; and to reduce the _,
required visibility triangles at the intersections of N.E. 5"' Avenue and N.E. 8`h Street and
at N.E. 6`h Avenue and N.E. 7`h Street from 40' to 30'. (Quasi-Judicial Hearing) ~
The City Attorney stated if it is okay with the applicant and their
representative, she suggested that Item 9.B. and Item 9.C. be combined and have one
hearing but separate votes. Attorney Michael Weiner stated the applicant concurs with
one hearing and separate votes.
Mayor Ellis read into the record the City of Delray Beach procedures for a
Quasi-Judicial Hearing for this item and all subsequent Quasi-Judicial Hearings.
Lanelda Gaskins, Acting Deputy City Clerk, swore in those individuals
who wished to give testimony on this item.
Mayor Ellis asked the Commission to disclose their ex parte
communications. Mr. McDuffie stated he had a brief conversation with Attorney
Michael Weiner about the attributes of the project. Mrs. Montague stated she spoke with
Attorney Michael Weiner and received an email from the homeowners association La
Hacienda. Mayor Ellis stated she spoke with Attorney Michael Weiner and received six
emails from various parties and they have been forwarded to the City Clerk and spoke
with an employee of Office Depot. Mr. Eliopoulos stated he spoke to Attorney Michael
Weiner and received approximately six emails which he entered into the record. Mr.
Fetzer stated he spoke with Attorney Michael Weiner, Attorney Bonnie Miskel and
emails he will forward to the City Clerk.
Mark McDonnell, Assistant Director of Planning and Zoning, stated this is
reconsideration of the appeal of SPRAB's approval associated with the Office Depot and
CVS building. This a 2.32 acre parcel located between the Federal Highway pairs
between George Bush Boulevard and N.E. 7`h Street. At its meeting of February 22,
2008, the Site Plan Review and Appearance Board (SPRAB) reviewed and approved a
Class V site plan, landscape plan, and architectural elevations associated with this project
for the Office Depot and CVS Pharmacy. The Board approved an accompanying special
action request to reduce the required parking spaces by 62 spaces (from 155 parking
spaces required to the 93 parking spaces provided), based on receipt and acceptance of
special documentation that demonstrated a reduced number of parking spaces would
accommodate these specific uses.
At its meeting of March 3, 2008, the Site Plan Review and Appearance
Board's action was appealed by the City Commission. On April 15, 2008, the City
Commission voted to reconsider its granting of the appeal after remanding the matter
back to the Site Plan Review and Appearance Board for further review. Since that appeal
by the City Commission the applicant has provided additional information which
provides for the installation of six (6) new parking creditable parking spaces along N.E.
7`h Street as well as utilization and improvement of twenty (20) spaces which exist
(although they are not delineated) on the west side of southbound Federal Highway (5`h
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Avenue). At its meeting of April 23, 2008, the Site Plan Review and Appearance Board,
at the request of the City Commission, reconsidered and approved a special action request
to reduce the number of parking spaces by 56 spaces (from 155 parking spaces required
to the 99 parking spaces provided), and also re-approved the Class V site plan subject to
conditions that are listed in the Planning and Zoning staff report. SPRAB also postponed
the landscape plan and architectural elevations associated with the construction of the
project and gave direction to the applicant to resubmit the landscape plan, photometric
plan, and architectural elevations for separate approvals. At its meeting of May 28, 2008,
SPRAB denied the request for the elevations and did not act on the revised photometric
plan. The a~plicant has indicated its intent to proceed with the previously approved
February 20` of the original architectural elevations at this point. Staff recommends
approval of the reduction subject to the six (6) conditions listed in the Planning and
Zoning staff report in addition to the paragraph listed after the six (6) conditions.
Mr. McDonnell entered the Planning and Zoning Department project file
#2008-017 into the record.
Mr. McDonnell presented the site visibility waiver requests for the same
project. He stated we are looking at one-way streets (north and southbound Federal
Highway) and those are the essence of the request for the site visibility reductions that are
being requested. When you have two public streets that intersect there is a 40 foot site
visibility triangle and when you have a driveway that intersects a public street you have a
20 foot visibility triangle. The site visibility triangles that are being requested for
reduction go from 20 feet to 15 feet for the driveway on 5`h Avenue and-the reduction is
on the south side where traffic is not coming from. He stated there are pedestrians and
cyclists on their bicycles but they move at a much slower rate of speed so there is not a
concern with regards to safety for that request. Also, the request for the 40 foot
reductions is to go down to 30 feet supportable for the same reasons. The minimal
reduction that is being requested is supportable given that the only traffic would perhaps
be a pedestrian or someone on a bicycle. In each case, Mr. McDonnell stated the areas
that require the requested waivers are not needed to check for oncoming traffic since
traffic flows one way from the opposite direction. As no traffic will be approaching from
each of these directions relief would be appropriate and supportable.
At its meeting of February 27, 2008, the Site Plan Review and Appearance
Board reviewed this in conjunction with the site plan and after a brief discussion the
Board recommended approval of each of the waivers with a vote of 4 to 0. Staff
recommends that the Commission move to approve the request to reduce the 20 foot site
visibility triangle to 15 feet and the 40 foot required site visibility triangle down to 30
feet.
Michael Weiner, Attorney with Weiner and Aronson, 10 S.E. lsr
Avenue, Delray Beach (represents 700-707 North Florida Limited Partnership
which is the present owner and Centres, Inc. the develouer), stated the waivers are
being considered for a project immediately south of George Bush Boulevard between the
Federal Highway one-way pairs. He stated the City Commission would be granting a
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variance as to a parking reduction and a variance as to site triangles. Mr. Weiner stated
this has been before the City Commission and other Boards on a number of different
occasions. He stated every time they return the developer has attempted to modify the 1
plan in order to allay any concerns and to address any comments that the staff may have.
Mr. Weiner referred to Tab #1 and noted that there is a new site plan and there are no
exits on George Bush Boulevard. He stated they keep reducing the request for the
number of waivers and the different kinds of waivers and they have actually made the
parking requests smaller (down from 62 to 56). Mr. Weiner stated waivers are set forth
in the City's Code in order to facilitate projects not to terminate projects. He stated the
standards are set forth in LDR Section 2.4.7(B)(5) and call for four (4) different findings:
(1) shall not adversely affect the neighboring area, (2) shall not significantly diminish the
provision of public facilities, (3) shall not create an unsafe situation, and (4) does not
result in a special privilege in that the same waiver would be granted under similar
circumstances on other property for another applicant or owner.
Mr. Weiner stated the use as a pharmacy and an office supply furniture
showroom is well served by 99 spaces and with respect to the pharmacy a little over
9,000 square feet is going to be dedicated to sales area. He stated there are waiting
rooms, restrooms, employee break rooms, stock rooms, and photo labs which take away
from the space that is actually retail sales. Mr. Weiner stated while the building is 15,600
square feet it is not the kind of retail that one would see if talking about a mall (i.e. high
use retail). He stated the ingress and egress has been designed for the lowest possible
traffic interference and this is why they got rid of the George Bush Boulevard exit and
that was eliminated. Mr. Weiner stated the conditions call for constructing 20 on-street
parking spaces and noted there is a quirk in the Code and they cannot really count them
and that is thus the reason for the number 56 but it really should be 36. Mr. Weiner
stated that one of the studies stated to use 30-40% of the parking area and the other study
states that you need 76 spaces. Mr. Weiner stated they are providing 99 spaces which are
80% of the larger requirements but are really asking fora 20% reduction (36 spaces less
than 155). He stated all the information says they have plenty of spaces in excess of what
is used for banks, pharmacies, and for Office Depot in excess of what the ITE generation
numbers say would be used for uses like this. He stated staff, SPRAB (on two
occasions), and the developer all agree that this does not create an unsafe situation. With
regard to the fourth criteria, Mr. Weiner stated to ensure that this cannot become a special
privilege one of the conditions is a covenant so if the uses change the parking waivers are
no longer applicable and is not a special privilege. He stated the City Commission has
granted parking reductions.before (Seagate Beach Club and The Village of Delray). Mr.
Weiner briefly reviewed the analysis of the site triangles.
Art Taylor, 8911 Oakland Hill Drive, Delray Beach, stated he was the
owner of the. Chrysler Dealership since 1985. He stated this property has been
automotive use since the mid 1940's and two years ago there was a change from auto
zoning to CBD (Central Business District) mixed use. Mr. Taylor stated other land
owners at that time requested to remain with existing zoning and he chose to become
CBD because he felt it was beneficial for the entire City. He stated there has been very
little change on Federal Highway in the last 8-10 years other than the Publix shopping
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center that was built approximately 5-6 years ago. Mr. Taylor stated the demand for the
CBD property has been all but non-existent in the last 2 %z years and he feels there is little
likelihood right now that there will be a change. He stated it is his understanding that
there are current projects that have been approved and put on hold. Mr. Taylor stated
there are currently about 50 "For Sale" or "For Rent" signs on Federal Highway between
Linton Boulevard and George Bush Boulevard. He stated they have spent 17 months
talking with City staff, attended 8 public hearings, there has been numerous changes
made to the project plan trying to conform with what the City would like. The existing
buildings will in all likelihood convert to anon-conforming auto use if this is not
approved. Mr. Taylor stated he believes the approval of the CVS and the Office Depot in
the 700 block location would be beneficial to the City and world also act as a catalyst for
future positive changes at the north end of Federal Highway.
George Kleier, Senior Vice President of Centres, Incorporated
(Miami, FL), stated he has developed approximately 60 drug stores in the State of
Florida in-house with Eckerd Drug and also CVS Pharmacy. He stated they constantly
have to blend the needs of the retailers with the City's expectations. Mr. Kleier stated for
ten years he has targeted this property and jumped at this opportunity knowing that they
would have to come before the City and do things that are beyond what the normal
"cookie cutter" developments are doing in the west. Mr. Kleier stated they wanted
something that was appealing and attractive for the City and stated staff has been very
supportive in their efforts as well as SPRAB. He stated the only objection from the City
Commission was the exit out to George Bush Boulevard and hopefully corrected any
safety concerns. He feels that they have not only created a retail development but have
created something that is in the goal and vision of the City of Delray Beach.
Mr. Weiner stated having furnished substantial competent evidence
regarding these waivers they respectfully ask that the City Commission vote in favor of
these waivers.
Mayor Ellis stated if anyone from the public would like to speak in favor
or in opposition of the requests, to please come forward at this time.
Pauline Moody, 609 S.W. 8~h Avenue, Delrav Beach (lived in Delrav
Beach for 36 years), stated she is against this project being built in this area. She stated
the area is not that big and expressed concern over the people who live in this area. Ms.
Moody stated the reason for no movement in real estate is because there is no money
right now and property taxes increased for many people. She does not feel this is fair to
come in and build an Office Depot and a CVS Pharmacy and it is not needed. Ms.
Moody stated right now we are in hurricane season and feels the City does not need to
worry about building something again because the developers do not clean up the
roadway after themselves.
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McCall Credle-Rosenthal, 817 Lake Avenue North, Delray Beach
(President of the La Hacienda Neighborhood), stated there is not enough business in
that area to justify an additional Office Depot. She stated the Office Depot .is in direct
competition of the existing one within one mile. One mile away there is Linton
Boulevard with Office Depot with an entranceway into the City and on the other end of
this proposed project they are proposing another Office Depot. She feels this is sending
the wrong message that we have Office Depot's in the entrance of the City not to mention
the fact that they want to put a CVS Pharmacy as well. She stated next to the Publix is a
Walgreens which would be in direct competition with the existing Walgreens. In
addition, she stated on Atlantic Avenue there is Hand's Office Supply and Huber's which
have been in business since the 1930's. She suggested that Mr. Taylor approach someone
like Whole Foods or Barnes and Noble then everyone would be excited. She stated many
people are against this project and urged the Commission to not support it.
David Cook, 901 S.W. 35th Place, Boynton Beach (owns Hand's Office
Supply, 325 East Atlantic Avenue, Delray Beach), opposes the consideration of a
reduction waiver because they are still short 56 parking spaces (36% of what they need).
He feels this is a very detrimental precedent to set for the future. Mr. Cook stated the two
stores proposed (Office Depot and CVS) are far from what the town needs at this time.
He stated within seven miles there are seven big box office supply stores and numerous
pharmacies. Mr. Cook stated there are enough of these type stores to meet the demand at
this time. He stated he did not realize the highway study was already approved.
Alice Finst, 707 Place Tavant, Delray Beach, stated that City
presentation guidelines require that overhead or PowerPoint presentations be made and
she feels that passing out flyers does not meet City guidelines. She stated it would have
seemed appropriate at that time to stop the meeting altogether. Mrs. Finst stated this
presentation did not meet City requirements and the entire project continues not to meet
City requirements. She stated had the Commission seen the architectural presentation at
the SPRAB meeting last week they would have seen it was the least and the cheapest that
could have been presented and did not meet the City Codes by requesting the waivers.
Mrs. Finst stated she does not see how this project will improve the entranceway to the
City or improve anything in that area. She commented about compatibility to the area
and does not understand how an area that is residential will be improved or will be
compatible with huge glowing signs over the neighborhood which was never approved by
SPRAB. Mrs. Finst stated if this is approved for waivers for parking and site lines if one
or the other business leaves how will the new plan that comes in be accommodated. She
stated there is no guarantee that this will be forever and we will have to face in the future
what this proposal will bring if the City Commission approves it.
Mayor Ellis stated there being no one else from the public who wished to
address the Commission regarding the requests, the public hearing was closed.
There was no cross-examination.
The following individuals gave a brief rebuttal:
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Mr. McDonnell stated it is his understanding that the Office Depot just
south of 10`h Street is going to close and this proposed Office Depot will replace that one.
The intent is to not have two Office Depot's flanking the northern entrances to the City.
He. stated the signage package was not approved by SPRAB because that would have to
be a separate application and does not accompany the site plan.
Mr. Weiner stated the Publix has well served the north end of the area. In
terms of the automobile use and its buildings in comparison to what is going to be there.
He stated there will be an improvement to this end of town as a result of these uses and
this plan. Mr. Weiner stated there is no approved signage and they have to go back to
SPRAB. He stated the covenant gives the City the protection and no one has to worry
about different stores moving in. Mr. Weiner stated they are not breaking the City Code.
He stated at certain places the City purposely puts waivers into the Code and noted that
some things can be waived and some things cannot be waived. Mr. Weiner stated if the
waivers were not in there then they would have to do a variance. He stated staff agrees
with them, SPRAB agreed with them twice, and they have traffic engineers and planners
who have told them that in fact they are over parked and only need 76 spaces and they are
at 99 parking spaces. He stated an additional condition says that they put in an additional
20 spaces which because of the way they count their parking they cannot count those
spaces. Mr. Weiner stated each waiver stands on its own so no one has to worry about
setting a precedent. He urged the Commission to consider the evidence.
Mrs. Montague asked when the number of parking spaces was considered
did you do it as general retail space or as a shopping center. In response, Mr. McDonnell
stated there was a lengthy discussion regarding this and staff looked up in the dictionary
the definition of group was and it is "two or more" and that is how the definition of the
shopping center is defined. Mrs. Montague asked what the parking requirements are if it
is a shopping center. The City Attorney stated it is 4.5 per 1,000 square feet of gross
floor area. Mrs. Montague asked if this is how the 155 number was established. Mr.
McDonnell stated this is how the number (155) was established as the required parking.
Mr. Fetzer asked if the City has used this deed restriction in other cases
and inquired if it is enforceable. The City Attorney stated it is enforceable and the City
has used a deed restriction very sparingly in the past but it is rare.
Mr. McDuffie asked if it essentially in the form of the restrictive
conveyance. In response, the City Attorney stated it is attached and is part of the Board
Order.
Mr. Eliopoulos stated the actual square footage of the CVS on the site plan
is 13,203 and stated they actually have a mezzanine which is actually 15,075. He stated
the Office Depot square footage ranges through the drawings and goes up to 6 or 7 more
square feet. Mr. Eliopoulos stated on George Bush Boulevard there is a 7 foot right-of-
way that is getting dedicated to the City. He complimented the task that they did to that
exit out onto George Bush Boulevard; however, from what he is seeing the actual asphalt
of the turn-a-round that they have created is one foot off of their property line. Mr.
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Eliopoulos expressed concern that they still do not have their landscaping on their
property and stated this needs to be looked at. He stated on the landscaping plan all these
site triangles are actually in the right-of--way as opposed to the property line. Mr. Kleier
stated it should be on the property line. Mr. Eliopoulos expressed concern over safety
with regard to Office Depot's loading dock. He stated his vision of the entrance to the
City was not a 24-hour CVS Pharmacy and the proximity to the residential area.
Mr. McDonnell stated staff looked at this and they would not be allowed
to go 24-hours or late night without going through the conditional use process. He stated
they are within 300 feet of the RM (Residential Medium) and RO (Residential Office) so
they would be required to go through a conditional use process and final approval would
be by the City Commission. Mr. Eliopoulos stated he does not support a 24-hour
business because he feels it is wearing on the Police force and it only encourages
problems. He commented about retail versus storage and expressed concern over how
this is going to be monitored along with any future changes. Mr. Eliopoulos stated he has
reservations with the circulation of Federal Highway but as he keeps on viewing this he
feels that at the end of the day a project should carry a lot of weight if there is going to be
this much reduction on parking. Mr. Eliopoulos feels that they need to review their
square footages again and noted these are big buildings and understands we are dealing
with parking and what this site can handle. He stated there were approximately 5-6
waivers through SPRAB and noted in addition to a lot of waivers and a lot of parking
being reduced. Mr. Eliopoulos stated this was probably not what the vision of North
Federal Highway was especially in CBD zoning.
9
Mayor Ellis stated Commissioner Eliopoulos brought up two issues one ~ i
being the site visibility reduction and when you are pulling out of a business and how far
down you can see is a concern and the other being the number of parking spaces that we
have reduced. She stated we have these statistics to tell us that this is enough for what we
have now but things do change. Mayor Ellis stated we want commercial to be developed
in the city and noted that this Commission had discussions over whether they were going
to allow in-lieu of parking for. one and two parking spaces because it was so critical to the
Commission. She stated maybe under this particular use at this particular location it is
not critical now but that does not mean that it won't be. Mayor Ellis inquired about Mr.
Weiner's comments about the deed restriction and if this went out of business or
something else went in there that it would have to comply with the original spaces. The
City Attorney stated in the deed restriction it does provide that if a new use were to come
in the existing use could continue with its allocated amount of parking and the new use
would have to comply with existing parking. The City Attorney stated one of the
findings is condition (d) which "does not result in a grant or special privilege in that the
same waiver would be granted under similar circumstances on other property for another
applicant or owner."
Mrs. Montague asked if the Office Depot's are franchised. Mr. Weiner
stated there is no franchise; one ownership. Mrs. Montague commented that the
corporate Office Depot then makes the decision.
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06/03/08
The City Attorney briefly reviewed the Board Order with the Commission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
Mr. Fetzer moved to approve the Board Order as presented (denying the
special action request) seconded by Mrs. Montague. Upon roll call the Commission
voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs.
Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 5 to 0 vote.
Mr. McDuffie moved to adopt the Board Order as presented, seconded by
Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr.
McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos - Yes. Said
motion passed with a 5 to 0 vote.
At this point, the time being 7:41 p.m., the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
10. PUBLIC HEARINGS:
10.A. ORDINANCE NO. 31-07 (SECOND READING/SECOND PUBLIC
HEARING): Privately initiated amendment to the Land Development Regulations
amending Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)",
Subsection 4.4.24(B), "Principal Uses and Structures", to include an additional property
that is allowed the permitted uses of the Central Business District (CBD) Zoning District;
amending Subsection 4.4.24(F), "Development Standards", to include an additional
property in the Old School Square Historic Arts District (OSSHAD) that is subject to the
standards of the Central Business District (CBD) Zoning District. (APPLICANT HAS
REQUESTED POSTPONEMENT TO AUGUST 19. 2008 REGULAR MEETING)
The caption of Ordinance No. 31-07 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH,
FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH,
FLORIDA, BY AMENDING SECTION 4.4.24, "OLD
SCHOOL SQUARE HISTORIC ARTS DISTRICT
(OSSHAD)", SUBSECTION 4.4.24 (B), "PRINCIPAL
USES AND STRUCTURES" TO INCLUDE AN
ADDITIONAL PROPERTY THAT IS ALLOWED THE
PERMITTED USES OF THE CBD ZONING DISTRICT;
AMENDING SUBSECTION 4.4.24(F),
"DEVELOPMENT STANDARDS", TO INCLUDE AN
ADDITIONAL PROPERTY IN THE OSSHAD
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06/03/08
DISTRICT THAT IS SUBJECT TO THE STANDARDS , ,~
OF THE CBD OF THE CBD ZONING DISTRICT;
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 31-07 is on file in the City Clerk's
office).
The City Attorney read the caption of the ordinance.
Mr. McDuffie moved to postpone to the August 19, 2008 City
Commission Meeting, seconded by Mrs. Montague. Upon roll call the Commission
voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr.
Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote.
10.B. ORDINANCE NO. 24-08 (FIRST READING/FIRST PUBLIC
HEARING): City initiated amendment to the Land Development Regulations (LDR)
amending Article 4.3, "District Regulations, General Provisions", by amending Section
4.3.3, "Single Family Residential (R-1) District", by amending Subsection (F)
"Development Standards", to provide development standards for the Lake Ida
Neighborhood Overlay District"; Article 4.5, "Overlay and Environmental Management
Districts", by enacting a new Section 4.5.16, "Lake Ida Neighborhood Overlay District",
to create a new overlay district for the Lake Ida Neighborhood; amending Appendix "A"
"Definitions", to enact a new definition for "Floor Area Ratio". The boundaries of the
proposed overlay district are generally described as N.W. 22"d Street on the north,
Swinton Avenue to the east, Lake Ida Road to the south, and Interstate 95 on the west for
the properties that are zoned R-1-AA (Single Family Residential, R-1-AAA (Single
Family Residential, and R-1-ARAB (Single Family Residential). If passed, a second
public hearing will be scheduled for June 17, 2008.
The caption of Ordinance No. 24-08 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES
OF THE CITY OF DELRAY BEACH, FLORIDA, BY
AMENDING ARTICLE 4.3, "DISTRICT
REGULATIONS, GENERAL PROVISIONS", BY
AMENDING SECTION 4.4.3, "SINGLE FAMILY
RESIDENTIAL (R-1) DISTRICT", BY AMENDING
SUBSECTION (F), "DEVELOPMENT
STANDARDS", TO PROVIDE DEVELOPMENT
STANDARDS FOR THE LAKE IDA
NEIGHBORHOOD OVERLAY. DISTRICT;
AMENDING ARTICLE 4.5, "OVERLAY AND
ENVIRONMENTAL MANAGEMENT DISTRICTS",
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06/03/08
BY ENACTING A NEW SECTION 4.5.16, "LAKE
IDA NEIGHBORHOOD OVERLAY DISTRICT", TO
CREATE A NEW OVERLAY DISTRICT FOR THE
LAKE IDA NEIGHBORHOOD; AMENDING
APPENDIX "A", "DEFINITIONS", TO ENACT A
NEW DEFINITION FOR "FLOOR AREA RATIO";
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 24-08 is on file in the City Clerk's
office).
The City Attorney read two versions of the ordinance; one being staff s
version and the Lake Ida Property Owners Association version. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Mayor Ellis asked why there are two versions of the ordinance.
Mark McDonnell, Assistant Director of Planning and Zoning, stated one
version of the ordinance was presented by the Lake Ida Property Owners Association.
Staff made some recommended changes that they thought would refine and be more
supportable. He stated it is his understanding that the Lake Ida Property Owners
Association has agreed with all. of those except for the .4 FAR along the lake (lakefront
properties). Staff s version adds a little more description (i.e. definition of a story is 14
feet so that they cannot call one-story 23 feet in order to get around a regulation). Mr.
McDonnell stated staff wanted to make this clearer. Mr. McDonnell stated the Lake Ida
Property Owners Association is in agreement with the revised version and staff has not
heard from them with regard to the .4 FAR for the lakefront properties.
Mr. Eliopoulos stated the original property by the Task Force actually had
some verbiage in it with regard to the grandfather clause ofnon-conforming properties.
He asked if this in the second version. The City Attorney stated it was never in the
versions of the ordinance; however, there is another general ordinance on that subject
which was emailed to the City Commission today. The City Attomey stated staff needs
to revise the current ordinance to add square footage, etc. There is a provision that if
something is destroyed by an act of God that the use; number of units, and the height if it
needed to have the same number of units would still be allowed to be constructed with
the idea that you are supposed to use the Land Development Regulations if you can.
Staff needs to modify that to state that if they had an act of God that they could build in
accordance with their old approved building permit plans.
Mrs. Montague asked if the language of upper story is included in both
versions.
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06/03/08
The City Attorney stated in the ordinance under Section (1)(F)(2)(f)(2)
under Additions: The intent of the requirement is to soften and screen the second story
addition and should read "upper floor addition".
Mr. McDonnell stated this is approval of a text amendment to the Land
Development Regulations called the Lake Ida Overlay District and the purpose is to
encourage new houses and building additions to be compatible with the character of the
neighborhood. The neighborhood consists of single family homes and includes the R-1-
AA, R-1-AAA, and R-1-ARAB single family zoning districts. The City of Delray Beach
received a letter from the Lake Ida Neighborhood Task Force dated March 6, 2008 which
identifies the requested changes to the development regulations within the proposed Lake
Ida Neighborhood Overlay District. The changes involve the following topic areas: (1)
maximum lot coverage, (2) maximum floor area (FAR), (3) maximum percentage FAR
for the second and third floors, (4) modify the front and rear yard setbacks for two-story
homes, (5) propose a definition for `floor area ratio', (6) introduce landscape
requirements for the 2 or 3 story buildings.
At its meeting of April 21, 2008, the Planning and Zoning Board
considered and approved the initiation of the amendment. The Board then requested.that
the proposal be scheduled for a workshop. At its meeting of May 12, 2008, the Planning
and Zoning Board conducted the Workshop Meeting and a representative of the Lake Ida
Property Owners Association described the proposed changes and City staff discussed
recommending changes with respect to the FAR definition, changes to the front setback
as it related to R-1-AAA and R-1-ARAB zoning and the need to clarify maximum
heights for first floors as well as upper floors. At its meeting of May 19, 2008, the
Planning and Zoning Board considered the proposed text amendment and following the
discussion, the Board voted 6 to 1 to recommend approval of the staff version of the
Overlay District and the Design Guidelines that are reflected in Exhibit "A". Staff
recommended that the reference to the two-story house be changed to upper story and the
FAR clarified areas that were not included in FAR calculation. The proposed front and
rear setbacks for R-1-AAA and R-1-ARAB zoning were modified to achieve what the
property owners desired which was a five foot offset instead of a 10 foot which was in
their proposal and they agreed it should be five feet. The definition of first floor and
upper floor heights is included with the text amendment to ensure the massing of new
homes and additions is consistent with the intent of the ordinance. The character of the
properties with frontage along Lake Ida consists typically of the larger lots and the FAR
for these properties have increased to .40 as opposed to .35 and the property owners have
proposed shrinking the second and third floor to 75% of what the first floor is. Mr.
McDonnell stated the definition of floor has a typographical error; however, staff
basically used a new sentence to talk about what should be excluded from the FAR. Mr.
McDonnell noted the language starts at the bottom of page 8-9 of the Planning and
Zoning staff report and distributed copies to the Commission. He stated it should read
"The floor areas of attics (unless used as a living space), enclosed decks or patios,
covered porches, exterior balconies (covered or uncovered) or crawl spaces are excluded
from the total floor area used in the Floor Area Ratio calculation. Staff recommends
approval.
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06/03/08
Mayor Ellis declared the public hearing open.
Michael Weiner, Attorney with Weiner & Aronson, P.A., 10 S.E. lst
Avenue, Delray Beach, represents certain property owners in the Lake Ida District and
stated there have been numerous meetings prior to this meeting including three Planning
and Zoning Board Meetings. At these meetings, the largest amount of time and greatest
consideration was given to the Lake Ida Property Owners Association and its Design
Guidelines Task Force. Mr. Weiner stated this is not an association established in the
public record but is just anot-for profit company. He stated there was a prior association;
however, that became defunct and another association established. Mr. Weiner stated he
does not know the number of members or the scope of authority. Mr. Weiner stated its
company records on file with the Division of Corporations for the State of Florida are
confusing and is uncertain who is President. He stated they do not know if it is followed
in its own bylaws or what meetings it has held and convened and how the people were
elected with respect to the Task Force and the method and manner in which they were
elected. He stated they do not know the authority of the Task Force and to whom they
must report. Mr. Weiner stated they have been granted extra ordinary status by the City
to prepare restrictions and ordinances. No fee has been collected for a privately initiated
ordinance. Mr. Weiner stated government has rules for a reason and to protect basic
rights including property rights the rules should be followed. Mr. Weiner stated the Lake
Ida Property Owners Association on its website has already made up its mind while the
Task Force called for guidelines they now seek to make it law. Mr. Weiner stated this
process has already been flawed with what has been done to date. He stated we do not
know the size of the sampling of the houses for the ordinance and do not know who
chose the sample nor do we know how many non-conforming houses have been created.
Mr. Weiner urged the City Commission to take the temperature of the community and
stated there is no reason to pass an ordinance that is already procedurally incorrect. Mr.
Weiner stated he believes that this is aQuasi-Judicial Hearing and not a legislative
matter. Mr. Weiner stated the citizens cannot stop the Commission from passing new
laws; however, he stated to pass them correctly.
Sam Shannon, 1500 N. Swinton Avenue, Delray Beach, (Chairman of
Task Force that developed the recommendations before the City Commission this
evening), stated he believes that the initiated of this item was the Planning and Zoning
Board and noted the Board had a debate and felt that they should go forward pursuant to
the provisions of the Comprehensive Plan. Mr. Shannon stated the Task Force began
looking at the types of requirements the City has for the two beach neighborhoods. He
stated in their discussions they felt those were too restrictive and did not really apply to
the goals of the Lake Ida neighborhood. Mr. Shannon stated they did not want to dictate
the architectural styles, building materials, roof types, and colors but instead preferred an
approach that promoted compatibility with new development or expansion of existing
development with the existing neighborhood. He stated they were primarily concerned
with and wanting to address size and wanted to make sure that the size of new homes fit
the lot that it was being built on. Mr. Shannon stated the recommendations address two-
story homes and there is only one portion that addresses cone-story home and that is lot
coverage and they found no single story homes in the entire neighborhood that actually
exceeds it. Mr. Shannon stated the critical recommendation to promote the intent of
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06/03/08
compatibility of the house to the size of the lot is the FAR (recommendation .35). He
stated this directly addresses mass and bulk and has the house fit the lot. Mr. Shannon
stated the Task Force does not believe that the recommendations presented to the
Commission are overly restrictive. He stated the Task Force did a considerable amount
of research and they feel that approximately 5 of 10 houses exist that really exceed those
recommendations in the neighborhood. Mr. Shannon urged the Commission to act on
this to make sure that those 5 or 10 homes do not become 110 or 210 and dramatically
change the character of the neighborhood. Mr. Shannon urged the Commission to
preserve the basic character of the neighborhood by adopting these requirements.
Roy Simon, 201 N.W. 11th Street, Delray Beach (has resided here since
1973) stated he is a new member to the association and has been receiving for years
notices of meeting. He stated he was curious of this one because it had to do with the
development that was going on in his neighborhood. Mr. Simon stated he worked in that
area (Chevy Chase area) since 1949 and noted that those were small lots and small homes
and as the land was filled the subdivisions kept going into small lots. He stated that area
has lots that go from 50 feet of width to 140 feet of width. Mr. Simon stated on a 50 foot
lot under the current ordinance someone could build atwo-story 5,600 square foot house
on a 50 foot lot. He stated this is excessive, is not appropriate and would not be
compatible. Mr. Simon stated his concern was dealing with people who already live on a
50 or 75 foot lots and having a larger building built next to them. He stated the Task
Force created a table of all the properties in the area. He stated there are various lots
from 7,600 square feet to 14,300 square feet in most of the developed lots and the house
sizes range from 1,500 to 3,800 square feet and all of them are under the FAR ratio and
urged the Commission to take a look at this before the entire neighborhood changes.
Charlotte Lees, 110 Wood Lane, Delray Beach, stated she has been a
resident of Delray Beach for over twenty years. In the 1990's, she stated she was
President of the Lake Ida Property Owners Association in the 1990's and is currently a
member of the membership committee. Mrs. Lees supports the Delray Beach Design
Guidelines as approved by the Delray Beach Planning and Zoning Board. She stated one
of the attractions of living in Florida is the year-round enjoyment of the outdoor living
spaces. She stated Lake Ida has offered the sense of privacy but not enjoyed in
communities where large homes overlook each others backyards making them seem like
fishbowls. However, Mrs. Lees stated recent building trends in their neighborhood
threaten this privacy. She stated these proposed guidelines address the concern of the
current residents to preserve their privacy in their own backyards. She stated one
person's right to develop their property stops when such development destroys another
person's right to enjoy their own. Mrs. Lees stated by requiring additional landscaping
and stepping in the upper stories of multi-level houses, these guidelines seek to mitigate
the impact of the new homes on their existing neighbors. The current Delray Beach
zoning code does not protect anyone from oversized homes built close to the property
lines with no screening to mitigate their impact. She stated this is the goal of this Task
Team and urged the Commission to support their efforts.
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06/03/08
Anders Rorholt, 518 Aylesbury Road, Delray Beach, is strongly
opposed to these proposed restrictions because he has a small odd shaped lot which is 60
feet deep and he did have plans for what he wants to do in the future. He stated if this
passes he cannot do that anymore and noted that if he had bought the home with these
restrictions four years ago he would have torn the house down and built a new one. Mr.
Rorholt expressed concern that for small properties and odd shaped properties this
ordinance is defeating the purpose and it does not address division of what he believes
are large beautiful properties that exist in the Lake Ida area.
Gary Hanson, 1104 N.W. 4`h Avenue, Delray Beach, stated he has lived
in the Lake Ida neighborhood for ten years and loves the diversity of the neighborhood.
He is strongly opposed to the restrictions and feels it is ludicrous that the rules are being
changed when people have already bought. He stated the people on the Lake get 40%
rather than 35% like everyone else for the second floor. Mr. Hanson stated if the
Commission passes the restrictions he feels they are stripping the citizens of their rights
and property values.
Doug Ayerst, 111 N.W. 11`h Street, Delray Beach, stated he has friends
and neighbors on both sides of this issue and understands where they are coming from.
He stated he spoke at the Planning and Zoning Board Meeting and he made the statement
that he personally does not like to have the government come and tell him what to do
with his property. Mr. Ayerst stated on one hand there are property rights and on the
other hand there is the value of the overall neighborhood. He stated approximately 15
years ago there was property called "Bird Property" and it was bordered on the west of
Lake Ida, on the east with N.W. 4`h Avenue, on the south it was N.W. 12t~' Street, and on
the north it was N.W. 13~h Street. He stated it is approximately 7'/2 acres and right now it
has 13 homes (3 very expensive large homes) on it and then there are ten homes which
are on 3 acre lots with a number of two-story homes on them. Mr. Ayerst stated prior to
the development of that property 15 years ago that was a mango orchard. He stated there
was one single house and the rest of it was mango trees. He stated approximately 15
years ago there was a developer who wanted to take out the mango orchard and wall that
7 % acres in and put in 27 homes. He stated some of the same people who have been
working on these guidelines got together and said if that happens this is going to cause an
encapsulated neighborhood inside their neighborhood and disrupt traffic flows and in the
long run it will devalue the entire neighborhood. Mr. Ayerst stated fortunately 15 years
ago this came before the same body and they voted to stop that development. He stated
currently there are beautiful homes on the property and a lot of the original mango trees
are still there and overall the value of the neighborhood was increased because of
guidelines. Mr. Ayerst stated in general the rest of the neighborhood won because the
overall property values increased. He urged the Commission to accept these guidelines.
Deb Sullivan, 1002 Lake Shore Drive, Delray Beach, strongly opposes
the restrictions (along with Kevin Rouse) and entered into the record the reasons why she
opposes the restrictions to the City Commission, Planning and Zoning, to the planners,
and to Joann Peart.
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06/03/08
Shell Petrolia 2002 N.W. 4th Avenue Delra Beach opposes the .
restrictions and stated there were some comments made that this was actually going to do
what people are thinking it is going to do; however, she does not think it is. Mrs. Petrolia
stated the fishbowl affect is not going to be alleviated by this situation because you can
still build at 15 feet from the rear backyard setback and you can go second story. She
stated there is no indication as to where you have to go in on that second story. Mrs.
Petrolia stated if we talked about setbacks and vegetation requirements on the back side
of a two-story structure that is being built then that would alleviate a lot of the problems
without having to get into overlay districts and FAR's. Mrs. Petrolia stated she has
canvassed the Lake Shore Estates subdivision and the homeowners that were available to
her, 80% of those people in her area do not want an overlay district and do not want the
restrictions. Mrs. Petrolia stated they would like to utilize the Lake Eden Subdivision
which includes the properties on the north side of 22"a Street and Lake Eden Way as a
model and noted that they are apparently excluded from this whole district. She stated
she is not sure what the qualifications were for the Lake Eden properties to be exempt
from the overlay district, she feels that their subdivision is more representative of these
properties than their neighbors to the south. She stated they have 52 homes that make up
their subdivision and these are mostly comprised of larger lots ranging from %i to a little
under an acre. As a representative of Lake Shore Estates subdivision, Mrs. Petrolia is
requesting that they be excluded from this proposal of restrictions and overlay district.
She stated the property owners in Lake Shore Estates are not concerned with the issues
that this Task Force has brought up as reasons that they are presenting the Commission
with today. Mrs. Petrolia stated her subdivision would like things to remain as they are
and urged the Commission that they respectfully allow them to secede from any further
actions inclusive of this Task Force.
Larry Buerman, 34 N.W. 17th Court, Delray Beach, stated he does not
think that the City knows his street exists because it is a private street and noted that he
has fought with the City for 30 years so that everyone knows where his street is. Mr.
Buerman is strongly opposed to the restrictions and stated he is against somebody telling
him what he can do with his property. He stated he bought his property 30 years hoping
that one day he can sell his property and downsize when he can no longer take care of it.
He stated this is just a start to more and more restrictions and he feels once something
happens it is hard to get rid of it.
Kav Carlson, 1520 Lake Drive, Delray Beach (resident for 32 vearsl,
stated they have met with many restrictions that the City has already imposed on them for
various things. She stated she and her husband do not feel that there is a need for any
more restrictions because they feel there are plenty and are satisfied with what they have
already.
Judy Carlson, 1408 Pine Lane, Delray Beach (resident since 19781
stated she is not in favor of the restrictions for several reasons first of which these are
taking the property rights from a group of individuals in favor of giving rights for the use
of enjoyment of property to another. She stated a piece of property was purchased thirty
years by her father in an effort to sell it for his retirement and he is now restricted to who
he can sell the property to. Ms. Carlson stated when her family moved to the lake she
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06/03/08
was a teenager and her dad had a bus and he parked the bus along the edge of his
property line down to the lake. The neighbor who lived across the street from them at the
time reported her family for zoning violations because the bus was not surrounded by
three walls and because her view was blocked. Consequently, Ms. Carlson's family
contacted the City and found out that if three walls were built around the bus that it
would be allowed to stay there. Ms. Carlson stated her dad then built atwo-story bus
garage and the neighbor still could not see the lake again. Ms. Carlson stated she realizes
that some people enjoy the area that they live in and they feel that they have certain rights
based on the fact that it has been that way for years; however, things change. She stated
this area has developed and she is fully in favor of no restrictions.
Dean Jackson, 838 Lake Shore Drive, Delray Beach (his family of four
moved in a little over 5 years ado), stated his house is not big and they have always
thought about adding a second story to their house. He has no issues with the restrictions
and in his opinion, when looking at what is being proposed, he feels it is very reasonable
and allows for second-story growth. Mr. Jackson stated this does not solve everyone's
problems (i.e. fishbowls) but he feels the proposed restrictions that were considered and
developed is something that would work for most people. He stated he feels the
restrictions will help the property values and he intends to potentially build asecond-
story to his home. Mr. Jackson stated the reality of the restrictions proposed will not
have a detrimental affect to the neighborhood and most likely will not have an impact to
the people who would like to build asecond-story.
Christie Mularz, 9 N.W. 9th Street, Delray Beach (lived here for 14
ears ,stated she is in favor of the Design Guidelines and noted although she did not
participate actively in a lot of the planning; however, she received all the flyers and
emails informing her of all the various meetings that took place. She stated she chose to
go hear the initial information that was proposed and she chose to attend some of the
meetings that came later and about the plans for the neighborhood. Mrs. Mularz stated
she does not find these to be very restrictive and noted that she does have a larger lot and
can build a 10,000 square foot home on her lot without any restrictions. She stated some
misinformation has been put forth by some of the people in the opposition. Mrs. Mularz
stated she does not like to see what is happening to the neighborhood and wishes more
people would participate in the process so that everyone did not have to be here this
evening.
Tom Honker, 615 Wiggin Road, Delray Beach (he and his wife have
been residents for 42 years), stated they settled in Delray Beach 42 years ago because of
its small town charm and it has become home for them. He stated they owned a house
east of Swinton Avenue on 10th Street and 22 years ago they sold the house and bought a
home east of the lake where they lived ever since. Mr. Honker stated he and his wife
have been active in the Lake Ida Property Owners Association since its inception in 1986.
He stated like them he feels most of the Lake Ida residents bought their house because of
the character of the neighborhood, the eclectic styles, and the scale and the compatibility
of the houses as a whole. He stated people bought their houses to raise families, to make
new friends with their neighbors, and retire in a compatible and peaceful neighborhood.
Mr. Honker stated they did not buy a house to flip it to a mansion builder and not to live
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06/03/08
next door to that kind of house on steroids. He stated there is some concern that if the
Task Force recommendations are adopted that property values might be negatively
affected. He stated Gulf Stream and Manalapan have regulations and they do not seem to
be losing property values and in fact they are keeping their values during this recent
downturn. Mr. Honker stated the person's property who is being devalued is the guy next
to the mansion (large house). He stated many people would not want to buy the house
next to the McMansion but a person who might be interested would be someone wanting
to put up their own McMansion and therefore would only be interested in paying for the
value of the land. He stated in his travels through Lake Ida and other neighborhoods he
can hardly avoid noticing that where small houses are next to big McMansions one or
more of those small houses has a "For Sale" sign on the street and a speculator might
well be able to buy the house for land value only. He feels if people are having their
homes valued as "tear down" then what incentive would they have for keeping up the
maintenance or making minor improvements. He feels that people would feel that they
would be throwing their money away if they have to sell it for the dirt. He feels this
attitude toward home maintenance and improvements could affect us all. Mr. Honker
stated they feel that the Design Guidelines will help ensure the Lake Ida Property Owners
preservation of quality of life, property values, and the kind of charm that is fast
disappearing due to overdevelopment in South Florida. Mr. Honker urged the
Commission to pass the Design Guidelines and help them preserve their home and
quality of life.
Sydney Wildes, 717 N.W. 3~d Avenue, Delray Beach (has lived in
Delray Beach since 1952 and in Lake Ida since 1997) also sneaking on behalf of Mr.
Darrel Downing Rippeteau (retired Architect, Fellow, American Institute of
Architects, a Lieutenant Colonel, Army Corns of Engineers (Retired) who lives at
1011 N.W. 3~ Avenue, Delray Beach, stated when she was a little girl she walked her
girlfriend home to Lake Ida where all the kids lived and she lived over on the beach
where the elderly people lived. She stated she could not wait to get to Lake Ida and now
she is there. Mrs. Wildes stated she loves her neighborhood, loves the eclecticism and
the non-subdivision character of the place. Mrs. Wildes stated Mr. Rippeteau stated he
would like the Commission to vote in favor of the Lake Ida Design Guidelines and she
too urged the Commission to vote in favor as well.
Lee Wildes, 717 N.W. 3~d Avenue, Delray Beach (has lived in Lake Ida
for 10 years with his wife Sydney Wildes), supports the Design Guidelines and urged
the Commission to support as well.
Gasper Gonzalez, 514 Enfield Road, Delray Beach (southern
perimeter of the area being discussed which butts up against Lake Ida Road), stated
the City imposed on them because they rose the road 6 '/2 feet above grade which invaded
their privacy. He stated eventually the result 18 years later was the gray wall that can be
seen now. Mr. Gonzalez stated there are approximately 20 homes along that perimeter
and has presented himself to various homeowners there and received consensus of at least
seven of them who indicate that they are in favor of restrictions in order to keep the
integrity of the neighborhood. He stated he has been in the Boca Raton area since 1959
and has seen mansionization take over in certain neighborhoods and it does crowd the
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06/03/08
little guy who cannot afford it and it changes the character and integrity of the
neighborhood. Mr. Gonzalez stated he is in favor of the restrictions and supports staff.
Mark Denkler, 320 N.W. 9`h Street, Delray Beach (he and his wife
have lived here for 14 years and not active in the homeowners association until 2
years ago), stated at that time the Lake Ida Homeowners Association talked about
because of some big mansions being built they wanted to put in some guidelines to
restrict those. In 1996, he stated the City Commission left it to the neighborhoods to do
this. Therefore, the Lake Ida Homeowners Association felt there was a need and called
some meetings. Mr. Denkler stated he attended a couple of early meetings but dropped
out because he did not have the time to keep attending. He stated he did not participate in
the survey; however, he likes what they have come up with. Mr. Denkler stated he has a
3,400 square foot home and could add another 2,000 square feet but he does not want a
5,000 square foot home and neither do his neighbors. He stated he does not like new
neighborhoods because the homes are too close. Mr. Denkler stated he supports the
Design Guidelines because it gives privacy along with keeping the -charm of the
neighborhood.
Carolyn Wathey-Lee, 325 N.W. 15`h Street, Delray Beach, stated she
moved from Boca Raton and drove for three years until she found a house that fit her
budget and was a place that she could feel comfortable about. ,She stated she moved to
Lake Ida for the community and noted that it has been an amazing place to live, walk and
be safe. Ms. Wathey-Lee stated she is for the building restrictions because building
something bigger and better initially seems wonderful but it then encroaches and grows
and she believes that this is an attempt to stop the horse before it goes out the bam. She
stated she works at the Kravis Center in West Palm Beach and works constantly with
donors in Palm Beach -Island. Ms. Wathey-Lee stated they seem to be the only houses
that are going up incrementally by millions and they probably have the strictest building
code in the southern corridor. She differs with anyone who says restrictions are harmful
or that guidelines are harmful because there are many styles of architecture and many
sizes. Ms. Wathey-Lee stated there is an Architectural Control Board and it has done
nothing but increase the value of their properties. She urged the Commission to pass
these restrictions and feels this is a good start.
Andrea Sherman, 222 N.W. 15`h Street, Delray Beach, stated she is part
of the Task Force and firmly believes in the Design Guidelines. She stated the charm of
Lake Tda is what attracted everybody and feels that the seaside village feeling is what
made Delray Beach the All-America City. Ms. Sherman stated allowing people to come
in and do what they want as far as building houses that are out of scale to the property
will take away the whole charm and ambiance of the neighborhood (tree lined streets).
Ms. Sherman commented about Byrd's Orchard and happens to know the builder and
developer and she worked on some of his homes as a designer. One of the things she
really admired about him was he was insistent that all the homes be different and he
maintained a lot of the mango trees. She feels he did a great job and those and the kind
of homes they need to be continued to be built in the neighborhood.
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06/03/08
Wend Colnon 680 N.W. 11th Street Delra Beach stated wanting to ..~
preserve the charm and beauty of the neighborhood is natural but what is charming to one b
group maybe outdated to another. She stated the reason an important reason for buying
their first home in the Lake Ida area was because it had its own character with no fancy
name or guard gates. Mrs. Colnon stated they liked the area because the houses were
different and interesting and it still is. She feels the 21 people behind the Task Force are
imposing their interpretations of character and beauty on the 740 families. Mrs. Colnon
stated there are building codes already in place and from her experience they are strictly
enforced. She does not agree that for the families who own smaller lots to be told how
much they can expand.
David Elliott, 733 Lake Shore Drive, Delray Beach (Vice-President of
Lake Ida homeowners Association and have lived in the neighborhood for six
ears stated he was not part of the Task Force, however, he agrees with the Planning
and Zoning Board and the Lake Ida community on putting forward the restrictions on the
Design Guidelines. He stated two years ago when the process was started the main
reason for these restrictions/guidelines was to make sure that the privacy of the people in
the neighborhood were respected. Mr. Elliott stated he has seen misleading information
being sent out as scare tactics by few to many to drum up support. For example, he stated
the mis-information that the garage with the new restrictions is now included as part of
the house LDR is wrong and the fact of the matter is that the garage has always been
covered by the LDR and he feels it should be kept part of it. He stated garages add to the
overall size and bulk of houses and it make no sense not to include them. He stated these
restrictions and guidelines are not saying what you can build, how many floors, what
color or style but are making sure that people are being respectful to their neighbors. Mr.
Elliott stated he is for these restrictions, for respect for your neighbors, for respect for the
neighborhood and respect for the future.
harry Polatsek, 1116 N.W. 5th Avenue, Delray Beach (voluntary
member of the Lake Ida homeowners~Association), strongly opposes the restrictions
and stated these restrictions hinge on the fundamental property rights held by every
citizen who resides in the Lake Ida neighborhood. He stated he moved to Lake Ida
having spent several years in the western part of the County in a gated community. In his
opinion, Mr. Polatsek stated this is the first step towards and is the kind of activity that
happens in gated communities where you sign as you purchase to agree to conveyance
which control many aspects of your life down to where you can open your garage door,
change your landscaping, or change the color of your house. Mr. Polatsek stated
although the proposed restrictions are not entirely as restricted as those but they are the
road to more restrictions. He urged the City Commission to vote "no".
Dolly Zabik, 1105 Lake Drive, Delray Beach, opposes the restrictions
and urged the Commission not to support the restrictions in the Lake Ida area.
Ellen Rosenthal, 1700 Lake Drive, Delray Beach, strongly opposes the
restrictions for many of the reasons that some of the other people have stated. She stated
she believes people have the right to do what they please with their property and if they
do something that is unusual then the market will judge that when they go to sell it. Ms.
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06/03/08
Rosenthal stated it is not up to an arbitrary group of people to subject their opinions on
the rest of the people in the neighborhood.
Paula Honker, 615 Wiggin Road, Delray Beach, supports the guidelines
as a way to help preserve the charm, beauty and quality of life she enjoys in her
neighborhood. Mrs. Honker stated she has great hope that the guidelines will be a
deterrent to over development and urged the Commission to accept these guidelines.
Eileen Dippalito, 507 Lake Drive, Delray Beach (member of the Lake
Ida Property Owners Association), stated she was born and raised in Palm Beach
County and lived for a little while outside of Palm Beach County but is back her with her
husband and two young daughters to raise their children. Mrs. Dippalito stated they
purchased their home in September 2003; however, they bought the home from a couple
who lived there for 26 years. She stated it is their hope to raise their daughters and
ultimately retire in the area and the Lake Ida area is close to great schools, cultural
opportunities, and the beach. Mrs. Dippalito stated they very much like the City of
Delray Beach and feel like the Lake Ida area and the restrictions help keep the quality of
the neighborhood for the people who want to live there. She stated they want their
neighborhood which they feel matches the "village-by-the-sea" to remain that way and
not have over development. She stated anytime you go into a neighborhood of many
homes you have many opinions but that does not guarantee that you can do what you
absolutely want at anytime. Mrs. Dippalito stated you have to be one for the good of all
and not for the good of just yourself. She supports all of the hard work that the
homeowners association and the Committee who has taken the time to represent them
and urged the Commission to vote in favor of the Design Guidelines.
Ann Margo Peart, 710 % Claremore Drive, West Palm Beach (grew
up at 107 N.W. 9t Street, Delray Beach), read into the record a letter for tennis player
and realtor Wendy Overton.
Jennifer Cassidy, 710 Gardenia Terrace, Delray Beach, stated she is
against any and all building restrictions and feels it is in the best interest of the residents
to let the neighborhood develop to its full potential.
Randy Porter, 720 Enfield Road, Delray Beach (has lived here for
approximately 10 years), opposes the restrictions/guidelines and does not think we need
to have these new restrictions or guidelines imposed on them by a vocal minority. He
suggested that everyone vote on the issue because this seems the best way to ensure that
the actual will of the real people was in fact followed.
John Robertson, 600 Gardenia Terrace, Delray Beach (speaking for
his wife Sarah G. Robertson as well), stated they are in favor of the restrictions and
commented that they purchased an 1,800 square foot "dump" in 2005 because they were
in love with the unique character of the neighborhood. Mr. Robertson stated it is easy for
one couple to do a house but not a neighborhood and urged the Commission to not take
the neighborhood away from them.
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06/03/08
And Prichard 400 N.W. 12th Street Delra Beach General
Contractor), stated if the Commission does not pass these guidelines he will make more
money. Mr. Prichard stated he know the difference between right and wrong. He stated
these guidelines are not excessive and he urged the Commission to vote in favor of them.
Louanne Calder, 709 Eldorado Lane, Delray Beach, stated she is in
favor of the building guidelines. She stated she moved to South Florida in 1996 and after
searching Palm Beach County from one end to the other for seven months they were
finally introduced to Lake Ida. Mrs. Calder stated they love the eclectic style of homes,
large mature trees, green space, lack of overcrowding and ability to be creative with your
home. She stated although this is a very unique neighborhood, ideal location for schools
and the beach it may not be for everyone. She stated if someone is looking for towering
oversized homes on small lots or houses that extend to all four corners of your property
one may want to look at another neighborhood that offers this lifestyle. Mrs. Calder
urged the Commission to help maintain the integrity of the neighborhood when it comes
to voting on this delicate issue. She stated a neighborhood like this is a rarity and to find
a similar area would be next to impossible. Mrs. Calder urged the Commission to
maintain the uniqueness and keep the wonderful balance of nature and concrete.
Jack Fitzsimmons, 602 Eldorado Lane, Delray Beach, stated a house
located at 611 Eldorado Lane across the street from him recently became a sober house
and understands that this is permitted in Delray Beach. He stated he received an email
from the City Attorney stating that there is a Federal Law for people with disabilities and t
we have to be sure that the City's law does not conflict with the Federal Law. Mr.
Fitzsimmons stated there is no license and these people just decide that they want to open
a sober house. He stated as it understands it you can have five unrelated people living in
one home and asked if these sober houses are covered by this rule. Mr. Fitzsimmons
stated he would like to have this included in this plan because this is land use regulation
and recommends that it be sent back to the drawing board for inclusion.
Gary Anzalone, 608 North Swinton Avenue, Delray Beach, stated he
moved to Delray Beach in 1995 because he was attracted to the fusion of style, people
and taste that was in the community. In his opinion, Mr. Anzalone stated he does not feel
it is the position of the Committee to decide what is in good taste for people's homes.
Mr. Anzalone stated he is opposed to this plan.
William De~nan, 1009 N.W. 4`h Avenue, Delray Beach, stated he and
his wife are opposed to the proposed regulations and they do not want restrictions. He
stated this is not what they bargained for and if he wanted that he would have moved out
to a gated community. For the record, Mr. Degnan stated his neighbor Robert Raven
could not attend the meeting this evening and he is also against the restrictions.
Phillip Colnon, 680 N.W. 11`h Street, Delray Beach, stated there is a
perceived idea that he is the only resident fighting these restrictions and noted that he is
only one of 132 signatures on the petition to fight this amendment. He stated the
argument from the beginning has been whether or not this text amendment is as the
Comprehensive Plan states neighborhood supported. Mr. Colnon stated this should not
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06/03/08
mean supported by a small Task Force but true area backing. He stated in all of the
supporting documents supplied by the Task Force there are only two signatures in
support of (Sam Shannon and Joann Peart). Mr. Colnon stated he has submitted 224
surveys signed and the Task Force has submitted only a summary of the survey without
one signature. He stated he is sure the intent was good when the Task Force was formed;
however, the information disseminated to the areas residents is lacking. Mr. Colnon
stated by the survey and the petition even the majority of the Lake Ida Property Owners
Association members do not support this action if they were surveyed. He stated 49% of
all residents are Lake Ida Property Owner members and 59% signed the petition to stop
the restrictions; 57% of the Lake Ida Homeowner members signed the petition to stop it.
Karen Premock, 740 Lakeshore Drive, Delray Beach (Chairman of
the Membership Committee), stated she is strongly in favor of seeing these Design
Guidelines passed. With regard to comments expressed by Mr. Weiner, she stated the
membership committee is not the force behind this but they are the spokespeople and the
vessel to get the word out to people. She disagrees with comments expressed by Mr.
Colnon because she attended every meeting and feels people are for the restrictions.
Jean Hutchinson, 811 N.W. 3~d Avenue, Delray Beach, is strongly in
favor of the Design Guidelines. She stated large houses prohibit the flow of air to the
smaller houses and those people who are trying to conserve water, gas, and electric do
not believe .that bigger is better. She urged the Commission to help save their
neighborhood.
Todd Wilson, 1315 N.W. 2"d Avenue, Delray Beach (realtor), stated he
does not believe these guidelines would ever lead to the same thing as a gated
homeowners association. He stated he built an addition onto his home before this issue
was ever raised and added 2,000 square feet and have not even come close to what he can
actually build. Mr. Wilson stated he does not believe this will make property values go
down and believes that people buy in Lake Ida because they want to live there and not
because of the size of the house. He supports the guidelines and does not think they are
that stringent and it will help to create better neighbors and more respectable living.
Pam Boalt, 925 Hibiscus Lane, Delray Beach, supports the restrictions
and the guidelines. She stated to the west of her property was a piece of property that had
one large home that has been destroyed and they are trying to put up four more homes.
Mrs. Boalt stated she does not want a large home zooming over her pool area because she
feels that it takes away from the neighborhood.
Julie Schmitt, 945 Hibiscus Lane, Delray Beach (lived here since
1986), supports the Design Guidelines and disagrees with the comments expressed by
Mr. Colnon.
Peter Goodridge, 1075 Hibiscus Lane, Delray Beach, stated he and his
wife purchased this home in October 2003 and is not a member of the Task Force and he
has not had any involvement in developing the guidelines. Mr. Goodridge stated he
supports the Design Guidelines recommended by the City's Planning and Zoning staff,
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06/03/08
the City's Planning and Zoning Board, and the Lake Ida Property Owners Association.
He stated since they purchased their home there have been at least 26 two-story or very
large one-story homes within the six block area around his home that have been built.
Mr. Goodridge stated all of those homes with the exception of two were built as spec
homes and he expressed concern over the dramatic change of the neighborhood and what
will happen in the next 5-10 years. He stated they bought their home in the Lake Ida area
to raise their family because they enjoy the character and the diversity of the
neighborhood. Mr. Goodridge stated the Design Guidelines are needed to preserve the
integrity of the neighborhood and to prevent oversized cookie cutter developer homes
from proliferating in the neighborhood. He stated when people are forming their
opinions they should be given accurate information and all the facts so that they can
make their own decision. Mr. Goodridge stated he does not feel that Mr. Colnon has
given accurate and complete information when they performed their survey, sent their
flyers out to the neighborhood and sent their emails out to the homeowners. For
example, Mr. Goodridge stated Phillip Colnon is a land developer and noted there is a
large piece of property that he replatted into four lots where he built his home on the
replatted lots and two other homes were built on the two other lots (Mr. Colnon did not
build those two homes). Also, Mr. Goodridge stated Mr. Colnon is working on a project
at the end of his street where his group has purchased two lots and has moved through
most if not all of the process of replatting those two lots into four and obtaining approval
to build four homes on those lots. Mr. Goodridge stated he has attended the public
meetings with the Planning and Zoning staff and Board that Mr. Colnon also attended
and spoke at, has seen Mr. Colnon's postcards to the neighborhood, has seen his survey,
has seen his emails to the neighborhood, and a letter he sent to the City Attorney. Mr.
Goodridge stated in none of those meetings and none of Mr. Colnon's correspondence
has he disclosed his position as a land developer in the neighborhood. Mr. Goodridge
stated he believes this is an important fact that people should know when they make their
decision about where they stand on the Design Guideline changes.
Nancy McNaely, 624 Gardenia Terrace, Delray Beach (has owned her
home since 1991), she and her husband love the neighborhood and they plan to live here
the rest of their lives. She stated the regulations such as the Design Guidelines are not
only needed but are necessary on the building of new homes and the renovations of
existing homes. Mrs. McNaely stated the regulations are minimal in their restrictions.
Mrs. McNaely stated they attended the first several meetings when the Design Guidelines
were first being discussed and they were very pleased when it was decided that
architectural style and paint color choices were not included in the Design Guidelines so
that individualism and unique characteristics of the homes could be maintained. Mrs.
McNaely stated these Design Guidelines with their very reasonable size regulations are
placing a cap on large imposing homes that are not in scale with the existing homes and
land plots. She stated she would like to maintain the view of the sky and greenery while
they are enjoying the privacy in their backyards and urged the Commission to vote in
support of the Lake Ida Design Guidelines.
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06/03/08
Paul Schmitt, 945 Hibiscus Lane, Delray Beach, supports the Design
Guidelines. He stated the people who are for the guidelines have a hard time convincing
the people who are against them. Mr. Schmitt stated. some people have a difficult time
talking between neighbors and stated it is not neighborly to have this. division between
neighbors. He stated there. are restrictions already; however, he would like to see
additional restrictions to protect the neighborhood so that down the road when people get
older and their children take over their homes they can have the same quality of life.
Brandon Holt, 1115 Lake Drive, Delray Beach, supports the Design
Guidelines/restrictions. He stated he owned the property on 10 N.W. 11`h Street and
noted that this property was one pineapple farm and on that property was one little house
which he lived in. Mr. Holt stated when he had children he sold it and the new owner
turned it into two houses and those houses went from the front street to the back street
and turned one sideways on Swinton Avenue (went from a Swinton front house to two
side streets on N.W. 11`h Street). He stated he does not want his community to become
one big house and one big mansion. On the other hand, Mr. Holt stated he purchased a
house off of 15`h and when he purchased that house there was another mansion built
behind him. He stated he bought two lots because (he sold his back lot) the lot that they
were talking about for $600,000 was the 3 acres on the corner. Mr. Holt stated the guy
that was selling it did not want it broken up but they broke it up. Mr. Holt stated what
people are referring to as "mansions" he calls "a really nice luxury home" that did not
hurt the community and they built a nice house with lots of landscaping. He stated he is
for these guidelines when done properly but he is against them not being done correctly.
Mr. Holt stated he is against telling people what the size of the second floor should be
over the first. He feels people should not be told how to build their house but instead is
okay with telling them how much space they can take.
LaRonda Denkler, 320 N.W. 9`h Street, Delray Beach, expressed
concern over a survey that was run by the owners against restrictions and stated that
people need to look at the material and ask themselves "How was the material presented
to homeowners who were asked their opinion for a survey?" and "What types of
information was presented and was it accurate?" Mrs. Denkler stated the survey should
be reviewed to see if accurate representations were made before we assume all of the
people that were pulled had accurate knowledge. She stated this is an issue of respect
and noted that we could end up with every single home in Lake Ida being two-stories and
right next to each other. However, Mrs. Denkler stated before getting to that there are the
little houses that are stuck between them. She stated her home was built in 1952 and
there is nothing wrong with her home but it might be a tear down to other people. Mrs.
Denkler stated everybody should be respectful of each other and we should not be
allowed to do whatever we want. Mrs. Denkler stated she owns 240 acres of farm land in
South Dakota and if someone wants to buy a piece of that they can do whatever they
want because there are zero restrictions; however, she feels we need the guidelines in
Delray Beach.
Dick Schmitt (brother of Paul Schmitt), supports the restrictions and he
is also for speed limits, stop signs, etc.
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06/03/08
Shannon Dawson realtor 527 North Swinton Avenue Delra Beach
(also owns property at 450 North Swinton Avenue where she lived when they first
starting building their home), stated speaking as a realtor this will lower property
values and when an overlay restriction is placed on it encourages improvement in that
area. She stated it becomes harder and harder for the homeowners to improve their
properties. Mrs. Dawson stated these restrictions are going to change over time and what
we have today will not be for the future of this neighborhood. She stated the charm of
this neighborhood is a result of freedom and is going to disappear day-by-day. Mrs.
Dawson stated as a homeowner, realtor, and as a person living and working in this area
she urged the Commission to not support these restrictions.
Dennis De Franceschi, 212 N.W. 17th Street, Delray Beach Clived here
for 37 years), strongly opposes these restrictions and stated his lot is so small that if
these restrictions take place he cannot expand on it anymore. Mr. De Franceschi stated
between N.W. 15th Street and N.W. 18th Street there is a whole section of small lots and it
would definitely restrict people. He asked that everyone respect these property owners.
Livia Burns, 2005 N.W. 4th Avenue, Delray Beach, stated she and her
husband urge the Commission to support the proposed residential guidelines for the Lake
Ida Neighborhood. Mrs. Burns stated prior to moving to Delray Beach in 2003 Winter
Park (her husband grew up) and Coral Gables (Livia grew up) both of which have had
vigorous building requirements more so than those proposed by the Lake Ida Property
Owners Association. She stated it was their impression then that those regulations not
only enhance property values significantly but they made those communities the most
sought after and attractive addresses. She stated they chose to live in Lake Ida because of
its uniqueness and charm as well as other similarities. She stated she lives in the northern
part of Lake Ida where the larger properties are; however, she did not find her house
because it was a larger piece of property but found the neighborhood. Mrs. Burns urged
the Commission to vote in favor of the guidelines.
Lainiel Lewis, 1098 Hibiscus Lane, Delray Beach (lived in Delray
Beach for 33 years and Treasury of the Lake Ida Homeowners Association and was
also on the Task Force), and noted that they put two years of their lives into the Task
Force and everyone was invited to join. She stated 21 people joined and some filtered
out and they ended up with 8. She totally supports the guidelines and urged the
Commission to support as well.
Sue Heglin, 2012 N.W. 2"d Avenue, Delray Beach (Lakeshore Estates
in the north end of Lake Ida), strongly in favor of the guidelines and stated she is on the
Task Force and holds a real estate license. She stated these guidelines are very good for
the neighborhood and urged the Commission to support.
Vickie Garland Burke, 1516 Lake Drive, Delray Beach (born and
raised in Delray Beach), strongly against the restrictions because she would like to build
a larger home to accommodate her father, mother-in-law, and father-in-law who are all
ill. She stated the Lake Ida Homeowners Association/Task Force has nerve to tell her
what size home to build.
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06/03/08
Sally Wheeler, 2001 N.W. 4th Avenue, Delray Beach (lived in Delray
Beach since 1981 and a member of the Lake Ida Property Owners Association),
stated she is opposed to the restrictions and expressed concern that at the last Planning
and Zoning Board Meeting at least four of the members said that this is a good start. She
does not feel that Lake Ida needs an overlay district and since neither side seems to trust
.the other surveys she suggested surveying everybody and taking a vote for the entire
neighborhood.
Arthur Parsons, 714 Sunshine Drive, Delray Beach (has lived in
Delray Beach since 1973 and bought his home on Sunshine Drive in 1974), stated he
and his dad were builders so back in those days they bought five homes. Mr. Parsons
stated he is no longer a builder and noted he is against the restrictions.
Mike Cruz, 1510 North Swinton Avenue, Delray Beach (President of
the Lake Ida Homeowners Association for approximately six years and part of the
Task Force that developed these Guidelines), stated the Task Force did this with some
surveys that indicated to them that the majority of the people who showed up at these
meetings were for these type of guidelines. He stated he does not feel a survey would
produce an accurate response from people. Mr. Cruz stated the group that is present this
evening and who have attended the other meetings is probably the same percentage for
and against and is a good indication of where the neighborhood stands. He urged the
Commission to support the restrictions.
Steve Rosenthal, 1700 Lake Drive, Delray Beach, stated he is not in
favor of the restrictions and does not really consider these as guidelines. He stated a
group of people got together and decided that they were going to tell people what to do
with your house if you buy next to me. Mr. Rosenthal stated the socio-economic drive of
the community will dictate the size of the house. He stated everyone has the ability to
build five feet to the end of the lot or five feet to the side of the lot but does not feel
anyone is going to do that because resale is very important especially to builders. Mr.
Rosenthal stated that Delray Beach has gone through a lot of change and times do
change. He stated this is a great community and everyone will~do what needs to be done
properly. Mr. Rosenthal reiterated that he is opposed to the restrictions.
John Cahorshak, 616 N.W. 13th Street, Delray Beach (builder whose
home is the second McMansion and has lived there for five years), stated he feels that
most of the people probably do not know what FAR means and do not know what the
present restrictions are that are enforced in Delray Beach. He feels that some of the
neighbors who cannot be present this evening need to be educated and let them
understand what the restrictions really are and look at the guidelines that are there
presently and realize that the people who put those guidelines in place probably knew
what they were doing when they did it. Mr. Cahorshak stated he took it upon himself to
properly landscape his yard so that he is not looking into his neighbor's yard and
welcomed everyone to come see his home. He and his wife are strongly opposed to the
restrictions.
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06/03/08
Lisa Simescu 1115 N.W. 6th Avenue Delra Beach stated they just
added an addition that is 1,600 square feet and it is her understanding that they would still
be able to do that. She stated originally she was opposed just because she heard the word
"restrictions". However, Mrs. Simescu stated after reading, educating herself, and
understanding the terminology she is totally for the guidelines.
D. Burke (did not state his address for the record nor did he sign in),
stated he made sure when he moved into the neighborhood it did not have a homeowners
association. He stated he moved into this neighborhood because there are small houses,
big house, and medium houses. He stated he has worked hard for 25 years saving to have
a large house and most people save a lifetime to build the home that they want. He stated
he respects the people who want the guidelines; however, he did not move into a
community with guard gates. He is strongly opposed to the guidelines.
Kathleen Alderman, 1714 Lake Drive, Delray Beach, stated she
supports the guidelines.
Barbara Tkac, 1095 Hibiscus Lane, Delray Beach, stated she attended
the last meeting and after the last meeting she went home and mulled over the things for
and against (restrictions vs. guidelines). She stated change is always something that
should be discussed and all sides should be heard in a democracy which has gone on
here. However, Mrs. Tkac stated in a democratic country you do need rules, laws, and
restrictions or there could be chaos. She stated she has lived in few places in her lifetime
that compare to her Lake Ida residence and the many truly wonderful neighbors that
welcomed her and her family when they moved there. Mrs. Tkac stated the resounding
word she has heard from her neighbors on Hibiscus area is that they are all for these
guidelines being changed urged the Commission to support these restrictions.
Joann Peart, 107 N.W. 9th Street, Delray Beach (President of the Lake
Ida Property Owners Association), stated it is not true that they did not do further
restrictions because they could not raise the money. Mrs. Peart stated they did not raise
the money because people did not want further restrictions. She stated people came to
the meetings and expressed that they were concerned about mass and scale but do not tell
us what kind of house to build and what color to paint it. Mrs. Peart stated the City does
not have Land Development Regulations that address mansionization because we did not
have mansions. She stated this started in 1996 in Delray just on the beach and the
Intracoastal. Mrs. Peart stated some people attended the Beach Property Owners
Association Meetings and they were eager to share what they had learned with Lake Ida
and they were hoping other neighborhoods would follow their example. Mrs. Peart stated
the role of the Lake Ida Homeowners Association played is the vehicle for the
dissemination of information. She stated the membership committee walked door-to-
door and left flyers on everybody's door and noted that every piece of mail in this period
of time went out to over 700 people. The first two meetings were held at the Community
Center but there were too many people so the third meeting was held in the Commission
Chambers at City Hall. The fourth meeting was actually a party to make money for
Design Guidelines and talk about Design Guidelines at the Ferrer's House.
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06/03/08
Dr. Joseph Ferrer (has a Masters Degree in Urban Planning) 1420
North Swinton Avenue, Delray Beach, stated the challenge is not whether we agree to
these guidelines or not but the Commission has challenged residents day in and day out to
participate in what we do in this community. He stated the City has a phenomenal
Planning and Zoning division that gave hundreds of hours to working with committees
for over two years. Dr. Ferrer stated if the Commission votes these guidelines down he
feels the Commission should not expect other citizens or community groups to come out
and help the Planning and Zoning Department in the City to make decisions. He stated
staff is making the recommendation based upon the input from a community that got
involved for the last two years. Dr. Ferrer stated if the Commission votes this down then
they have turned the staff down and have turned down other volunteer groups to get
involved.
Marcia Miller, 1906 North Swinton Avenue, Delray Beach (next to
The Church of the Palms), stated they built a small house 41 years ago and supports the
guidelines. She stated the neighborhood is wonderful and does not want to be
overwhelmed by large homes where people come in from somewhere else and they do
not want to be part of the community and they just want to flip their properties later on.
Mariorie Ferrer, 1420 North Swinton Avenue, Delray Beach, stated
having been involved in downtown redevelopment intimately for 15 years a downtown is
made up of not just the commercial but residential as well. She stated she is proud to
state that she lives downtown and noted that Lake Ida is a downtown residential
community. Mrs. Ferrer stated she was part of the Task Force and supports the
guidelines. She strongly recommended that the Commission accept the guidelines.
Peter Troup, 21 N.W. 17th Court, Delray Beach, stated he grew up in
Delray Beach and has worked very hard to purchase a house in Lake Ida. He urged the
City Commission to go through what is being proposed because it is not necessarily
going to stop what everyone here is talking about. Mr. Troup stated he is opposed to the
restrictions because he does not believe that they are doing what people think that they
are going to do. He stated the reason that a lot of people bought in Lake Ida is because
they attended high school here or grew up playing in some of those neighborhoods, and
because there is no HOA. Mr. Troup stated the reason many of the people have not
joined the Property Association is because everyone promised each other when growing
up that none of them would ever be a part of an HOA.
There being no one else who wished to address the Commission regarding
Ordinance No. 24-08, the public hearing was closed.
Mayor Ellis thanked everyone for attending this evening and stated there
will be a second reading second public hearing scheduled for June 17, 2008 at 7:00 p.m.
The City Attorney stated the motion would be to approve the staff version
of Ordinance No. 24-08 and then it would be with the change brought up by
Commissioner Montague to Item 2.F. to make sure it refers to "upper floors" not "second
story" and also the wording that Mark McDonnell distributed for clarification.
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06/03/08
Mrs. Montague asked if the waterfront properties are included. Mr.
McDonnell stated the waterfront properties are included.
Prior to the vote, Mr. Fetzer stated he lives in Tropic Isle and noted that
there are some parallels between Tropic Isle and Lake Ida. He stated Tropic Isle has a
civic association that is voluntary as Lake Ida does and unfortunately it is difficult to get
half of the residents to join. Mr. Fetzer stated approximately three years ago he was
Chairman of the Tropic Isle Civic Association when the Beach Property Owners
Association was going through all of their planning and work on their Design Guidelines.
He stated Tropic Isle chose not to go forth and do something similar to the beach. He
stated Tropic Isle still has a lot of massive building going on that is in his opinion an
example of what may happen if there are no Design Guidelines in place. Mr. Fetzer
stated at least they considered it and respects the Lake Ida volunteers for their efforts in
trying to get the community involved to address some of these issues. Mr. Fetzer stated
in what he has heard tonight in trying to understand the core of what everyone believes in
he supports moving this ordinance to second reading.
Mr. Eliopoulos stated this has been a long process and complimented Lake
Ida for being respectful to each other regardless of which way they want this to go. He
stated it is the duty of the City and the City Commission to do the right thing for the
citizens of Delray Beach. Mr. Eliopoulos. stated the Commission has to look at every
single neighborhood and see how it affects the entire City. In 1996, he stated the
Commission (who he feels did a great job during their terms) put together a
Mansionization Task Force and at that time through it back to the communities to decide
what is right for you. Mr. Eliopoulos. stated the problem with that is you start getting
neighbors against neighbors and people butt up against each other whether they have the
right or wrong information. Mr. Eliopoulos stated with regard to this Task that was put
together by Lake Ida it was definitely put out to everybody. He stated as an architect he
agrees with guidelines and is looking at it from the perspective of what is good for the
community as a whole. Mr. Eliopoulos stated in 2006 and 2007 the Palm Beach Post
printed 3 articles on Lake Ida and the Sun-Sentinel printed 3 articles on Lake Ida. He
stated Channel 5 and Channel 12 were at the meetings. He stated after those meetings he
was approached by Boca Raton and Deerfield Beach to do Design Guidelines for
neighborhoods in those areas and the week after he received a call from the New York
Times saying that they wanted to know what was going on in Florida because they were
having problems in Long Island. Mr. Eliopoulos stated the word was out regarding Lake
Ida. Mr. Eliopoulos stated there is a fee for the Beach Property Owners Association
($800.00 to review the drawings before Planning and Zoning even gets it) and thought
that was what Lake Ida did not want. He stated Urban Design Studios was here;
however, their fee was going to be $20,000.00. Mr. Eliopoulos stated what the beach
owners had was the money and the third party who was educating everyone. He stated
the Beach Property Owners Association had more participation and they were concerned
about their property values. For the record, Mr. Eliopoulos stated not only was this done
in 1996 but this was also done with the Beach Property Owners and noted that guidelines
do not bring down property values and commented that they either hold their value or
increase it. Mr. Eliopoulos stated as big houses go up the value of small houses decrease
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in value. He feels that the City should have stepped in to see how they wanted to handle
all the neighborhoods and this way there would not be neighbors against neighbors.
Mrs. Montague asked for clarification from an individual who spoke and
whether or not he is for or against the restrictions. He stated that he is very much for the
restrictions.
Mrs. Montague stated she spoke with members of Planning and Zoning
and these are all people who make their living by building bigger houses. She stated
others chose to live in Delray Beach with 48 foot height restrictions and conditional use
60 feet. Mrs. Montague stated as a realtor she is a huge proponent of property rights
versus integrity of your neighborhood and integrity of this city. She stated for the last ten
years she has lived in Delray Beach she has tried to maintain a certain level of quality of
life throughout the community. Mrs. Montague stated we do that by allowing the
freedom of speech among the individuals that live in their particular neighborhoods. She
stated this community has worked for two years with some guidelines that were not
intrusive and allowed individuality but protected a certain quality of life. Mrs. Montague
stated she supports the guidelines.
Mr. McDuffie stated he sees friendly faces on both sides of this issue and
noted this is a very difficult decision. He stated he too has been in Delray Beach his
entire life. Mr. McDuffie stated development of any kind, rules of any kind, and
restrictions of any kind are very passionate issues not just to our community but any
place you go. He stated his vocational is an appraiser and runs the data center for the
Palm Beach County Property Appraiser and therefore they appraise everyone's homes.
Mr. McDuffie stated guidelines do not drive prices down. He stated there are some
things that have happened in the State of Florida that have been unprecedented in the
history of appraisal predominantly in the waterfront areas and it is because some of the
other waterfront neighborhoods did not place guidelines of any kind on those
neighborhoods. As a result, for the first time in the history of appraisal in about
2004/2005 a lady by the name of Joy Hern in his office wrote a white paper that the
International Association of Assessing Officers published that for the first time in history
and improvement devalued the land. He stated the reason for that being is because
people were going to come in buy two or three lots and bulldoze everything that was
there and build that 20,000/25,000 square foot home. Mr. McDuffie stated this went on
for a number of years unchecked and all the small lots on the Intracoastal and the finger
canals all through southeast Florida disappeared. He stated there was an outcry out of
Tropic Isles that people were being taxed out of their homes and with absent guidelines,
things like that begin to happen. Mr. McDuffie stated he does not believe in restricting
anyone's property rights; however, in this case he truly believes that in order to maintain
and protect your neighborhood, to keep it the wonderful place you want to raise your
children, to stop people from knocking down 3 or 4 1,800 square foot houses to build a
10,000 or 15,000 square foot house, then something needs to be done. Mr. McDuffie
concurs with Commissioner Eliopoulos that this Commission at one time or another
missed the boat in not doing it when it should have been done and it has pitted one
neighbor against the other which is a sad thing to see. He thanked everyone for the way
they conducted themselves this evening and suggested that staff needs to work to clarify
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this because there are three different versions of this ordinance and hopefully get that
published in time for all of these people to review it for the next time this hearing is held
(June 17, 2008). Mr. McDuffie stated he will support this ordinance on the first reading.
Mayor Ellis thanked everyone for coming and stated she lived in a house
built in 1926 in the Lake Ida neighborhood for 18 years on three lots that a few years ago
was torn down and replaced with two houses. She sat in her car in front of that house and
cried for 30 minutes because it was so devastating to her. Mayor Ellis stated things
change and when she had the opportunity to buy this little house on the beach and they
started talking about Design Guidelines she also put 2 '/z years of her life into a Task
Force to develop those Design Guidelines. She stated they put their own money into it
and brought in a consultant to try to help them and it is exactly the struggle the Lake Ida
Property Owners have been through. Mayor Ellis stated she does not think it makes that
much difference about how much the house costs because it is still neighbors who believe
one way against others. Mayor Ellis stated she is going to support this ordinance on first
reading.
Mr. Fetzer moved to approve Ordinance No. 24-08 as amended per staff s
recommendations, seconded by Mr. McDuffie. Upon roll call the Commission voted as
follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -
Yes; Mr. McDuffie -Yes. Said motion passed with a 5 to 0 vote.
At this point, the Commission took a ten minute break.
10.C. ORDINANCE NO. 26-08 (FIRST READING/FIRST PUBLIC
HEARING): City initiated amendment to the Land Development Regulations (LDR)
amending Section 4.3.3, "Special Requirements for Specific Uses", Subsection (S),
"Telecommunications Towers and Antennas", Subsection (2), "Freestanding
Telecommunication Towers" to add Barwick Park and Lakeview Golf Course properties
to allow monopoles. If passed; a second public hearing will be scheduled for June 17,
2008.
The caption of Ordinance No. 26-08 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES, BY
AMENDING SECTION 4.3.3, "SPECIAL
REQUIREMENTS FOR SPECIFIC USES",
SUBSECTION (S), "TELECOMMUNICATION
TOWERS AND ANTENNAS", SUB-SUBSECTION (2),
"FREESTANDING TELECOMMUNICATION
TOWERS", TO ADD BARWICK PARK AND
LAKEVIEW GOLF COURSE PROPERTIES TO ALLOW
MONOPOLES; PROVIDING A SAVING CLAUSE, A
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06/03/08
GENERAL REPEALER CLAUSE, AND AN EFFECTNE
DATE.
(The official copy of Ordinance No. 26-08 is on file in the City Clerk's
office).
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Mark McDonnell, Assistant Director of Planning and Zoning, stated this
would add Barwick Park and Lakeview Golf Course to the list of public properties where
freestanding telecommunication monopoles would be permitted. The current list of
public properties include: (1) Miller Park, (2) Delray Beach Municipal Golf Course,
3) Public Works Complex, (4) South Central Regional Wastewater Treatment Facility.
At its meeting of May 19, 2008, the text amendment was considered by
the Planning and Zoning Board. One member of the public spoke on the issue did not
feel that another tower was justified in such close proximity to the tower currently located
adjacent to Fire Station #4. The Board unanimously recommended approval with a 7 to 0
vote to add Lakeview Golf Course only to the public properties list.
Robert A. Barcinski, Assistant City Manager, stated the other tower is the
Wi-Fi tower (approximately 50 feet) that does not work at the station and staff is trying to
have discussions with the company who wished to locate there as to whether the City can
locate on their tower.
Mayor Ellis declared the public hearing open.
Alice Finst, 707 Place Tavant, Delray Beach, urged the Commission to
deny this additional telecommunications tower for Barwick Park. She stated this is a
very small park and noted that it is not one antenna it is plural and it was denied by the
Planning and Zoning Board specifically for Barwick Park with a vote of 7 to 0. Mrs.
Finst stated if there is an urgent need to put up an antenna in the vicinity she suggested
that the City look at the City owned land at Congress Avenue and Lake Ida Road. She
urged the Commission to remove Barwick Park from a location for one or more antenna.
M. Pierre, representative from T-Mobile, stated the tower itself will be
a 90 foot flagpole and should meet all requirements such as setbacks. She stated they
will also discuss the Wi-Fi and replacing the existing tower. Therefore, Ms.. Pierre stated
there will not be any collection of towers and urged the Commission to approve it for
Barwick Park as well.
There being no one else who would like to address the Commission
regarding Ordinance No. 26-08, the public hearing was closed.
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06/03/08
Mr. Barcinski stated staff has negotiated the price, terms, and the , ~
conditions of the agreement.
:~
Mrs. Montague inquired about the Barwick Park tower if the City has the
Fire Station tower. Mr. Barcinski stated the City's tower just serves the City and T-
Mobile is a cell tower that would serve their customers and they may have co-locators of
other cell companies who might be serviced where the City would receive revenue from.
Mr. Barcinski stated T-Mobile would own the tower and it would be a revenue source for
the City. Mr. McDuffie commented that the only consideration is whether the City can
co-locate our Wi-Fi on their tower.
Mr. Fetzer moved to adopt Ordinance No. 26-08 on First Reading/First
Public Hearing, seconded by Mrs. Montague. Upon roll call the Commission voted as
follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -
Yes; Mrs. Montague -Yes. Said motion passed with a 5 to 0 vote.
10.D. ORDINANCE NO. 25-08 (FIRST READING/FIRST PUBLIC
HEARING): City initiated amendment to the Land Development Regulations (LDR)
amending Section 4.7.8, "Resale and Subsequent Rentals of Affordable Units", to expand
the circumstances in which title may be transferred without restriction. If passed, a
second public hearing will be scheduled for June 17, 2008.
The caption of Ordinance No. 25-08 is as follows:
office).
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF CODE OF ORDINANCES, BY
AMENDING SECTION 4.7.8, "RESALE AND
SUBSEQUENT RENTALS OF AFFORDABLE
UNITS" TO EXPAND THE CIRCUMSTANCES IN
WHICH TITLE MAY BE TRANSFERRED
WITHOUT RESTRICTION; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE.
(The official copy of Ordinance No. 25-08 is on file in the City Clerk's
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Mark McDonnell, Assistant Director of Planning and Zoning, stated this
amendment simplifies language allowing transfer when the owner of a unit dies and
removes references to spouses, offspring, or divorce.
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06/03/08
At its meeting of May 19, 2008, the Planning and Zoning Board
recommended approval with a 7 to 0 vote, by finding it consistent with the
,Comprehensive Plan. Staff recommends approval.
Mayor Ellis declared the public hearing open. There being no one from
the public who wished to address the Commission regarding. Ordinance No. 25-08, the
public hearing was closed.
Mrs. Montague moved to adopt Ordinance No. 25-08 on First
Reading/First Public Hearing, seconded by Mr. McDuffie. Upon roll call the
Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -
Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 5 to 0 vote.
10.E. ORDINANCE NO. 27-08 (FIRST READING/FIRST PUBLIC
HEARING): City initiated amendment to the Land Development Regulations (LDR)
amending Section 4.6.6, "Commercial and Industrial Uses to Operate Within A
Building", Subsection "A", "Intent", in order to clarify that all commercial and industrial
uses shall conduct business inside regardless of zoning district. If passed, a second public
hearing will be scheduled for June 17, 2008.
office).
The caption of Ordinance No. 27-08 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS BY AMENDING SECTION 4.6.6,
"COMMERCIAL AND INDUSTRIAL USES TO
OPERATE WITHIN A BUILDING", SUBSECTION
"A", "INTENT", IN ORDER TO CLARIFY THAT
ALL COMMERCIAL AND INDUSTRIAL USES
SHALL CONDUCT BUSINESS INSIDE
REGARDLESS OF ZONING DISTRICT;
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 27-08 is on file in the City Clerk's
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Mark McDonnell, Assistant Director of Planning and Zoning, stated the
text amendment was considered by the Planning and Zoning Board on May 19, 2008 and
the Board recommended approval with a 7 to 0 vote. He stated requiring industrial and
commercial business to be conducted entirely inside and whether or not you could have
the outdoor display of retail services and goods. Mr. McDonnell stated there is a
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06/03/08
provision in the Code that specifically addresses outdoor display of retail. He stated you
can have 10% of the inventory area of the inside outside of your building and this does
not affect that.
Mayor Ellis declared the public hearing open. There being no one from
the public who wished to address the Commission regarding Ordinance No. 27-08, the
public hearing was closed.
Mr. Eliopoulos moved to adopt Ordinance No. 27-08 on First
Reading/First Public Hearing, seconded by Mrs. Montague. Upon roll call the
Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -
Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote.
10.F. ORDINANCE NO. 08-08: An ordinance repealing, in its entirety,
Chapter 57, "Right-of--Way Application Process For Communications Facilities", of the
Code of Ordinances and enacting a new Chapter 57, "Communications Facilities in
Public Right-of-Way", to provide the terms and conditions for the erecting, constructing,
and maintaining of a communications facility in the City's public right-of--way. for the
provision of communications service.
The caption of Ordinance No. 08-08 is as follows:
office).
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
REPEALING, IN ITS ENTIRETY, CHAPTER 57,
"RIGHT-OF-WAY APPLICATION PROCESS FOR
COMMUNICATIONS FACILITIES" OF THE CODE OF
ORDINANCES AND ENACTING A NEW CHAPTER
57, "COMMUNICATIONS FACILITIES IN PUBLIC
RIGHTS-OF-WAY"; TO PROVIDE .THE TERMS AND
CONDITIONS FOR THE ERECTING,
CONSTRUCTING, AND MAINTAINING OF A
COMMUNICATIONS FACILITY IN THE CITY'S
PUBLIC RIGHTS-OF-WAY FOR THE PROVISION OF
COMMUNICATIONS SERVICE; PROVIDING A
SAVINGS CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 08-08 is on file in the City Clerk's
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
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06/03/08
Brian Shutt, Assistant City Attorney, stated when the Consumer Choice
Act of 2007 came out that essentially took the franchising for cable franchises away from
local government and put it in the States hands. Mr. Shutt stated staff modified the
ordinance to have that change in there and make reference to that act. He stated staff also
made certain that other changes regarding a security fund or construction fund and
changed some enforcement remedies and some general housekeeping measures on the
entire ordinance.
Mayor Ellis declared the public hearing open. There being no one from
the public who wished to address the Commission regarding Ordinance No. 08-08, the
public hearing was closed.
Mr. McDuffie moved to adopt Ordinance No. 08-08 on Second and
FINAL Reading, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as
follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos
-Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote.
10.G. ORDINANCE NO. 21-08: An ordinance amending Chapter 36,
"Finance; City Property Transactions", Section 36.01, "Compliance With Standard
Practice Instructions", by providing that bidding for Community Development Block
Grant projects shall be included as an exception from the Standard Practice
Instruction.
The caption of Ordinance No. 21-08 is as follows:
office).
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 36, "FINANCE; CITY
PROPERTY TRANSACTIONS", SECTION 36.01,
"COMPLIANCE WITH STANDARD PRACTICE
INSTRUCTIONS", BY PROVIDING THAT BIDDING
FOR COMMUNITY DEVELOPMENT BLOCK GRANT
PROJECTS SHALL BE INCLUDED AS AN
EXCEPTION FROM THE STANDARD PRACTICE
INSTRUCTION; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 21-08 is on file in the City Clerk's
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
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06/03/08
Terrill Pyburn, Assistant City Attorney, stated this ordinance was created
to make the City's Code of Ordinances more consistent with our current practices with
regard to Community Development Block Grant (CDBG) Block Grants as well as the
standard language provided in the grant.
Mayor Ellis declared the public hearing open.
There being no one else from the public who wished to address the
Commission regarding Ordinance No. 21-08, the public hearing was closed.
Mr. Eliopoulos moved to adopt Ordinance No. 21-08 on Second and
FINAL Reading, seconded by Mr. McDuffie. Upon roll call the Commission voted as
follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -
Yes; Mr. McDuffie -Yes. Said motion passed with a 5 to 0 vote.
At this point, the Commission moved to Item 11, Comments and
Inquiries on Non-Agenda Items from the City Manager and the Public.
11.A. City Manager's response to prior public comments and inquiries.
Robert Barcinski, Acting City Manager, had no response to prior public
comments and inquiries.
11.
From the Public.
11.B.1. Brad Bowman, 630 Curlew Road, Delray Beach, stated approximately a
year ago (Apri12007) he met with the City Manager and Finance Director at the Chamber
of Commerce, Wi-Fi vendor E-Path Communications, Cisco, Technology Committee
members, and the Chair of the Technology Committee at that time was Todd L'Herrou.
Mr. Bowman stated this special meeting was called due to the concerns he had and also
concerns relative to his constituents had about the pending Wi-Fi Agreement with E-Path
Communications and their lack of experience with large scale broadband wireless
deployments and the fact that they were going to litter this great city with Wi-Fi radios
and transmitters and their lack of vision regarding their digital divide inclusion and
literacy initiatives for our under serviced. However, per Mr. L'Herrou's
recommendation, Mr. Bowman stated the newly elected Commission that took office just
one month prior to this agreement decided to move forward with E-Path based on Mr.
L'Herrou's recommendation and the diligence performed by the past Commission. Mr.
Bowman stated the City Commission terminated that agreement May 6, 2008 and after
long delays the absence of any partial working network in the downtown corridor and the
never ending excuses regarding E-Path's ability to secure FPL pole attachments for the
numerous Wi-Fi radios. In anticipation of this termination, Mr. Bowman stated he has
worked over the last year to perform extensive and exhaustive research and due diligence
on the broadband wireless market place and the events and product that are presented to
the market and has consolidated this information at a website called: AccessDelray.org
and noted that this website was immediately launched after the termination of the E-Path
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06/03/08
agreement on May 6, 2008. Mr. Bowman stated this website has generated a lot of
positive feedback in reactions within the market place to the point that major players
within the broadband wireless arena are very interested in working with the City of
Delray Beach to deploy astate-of--the-art citywide broadband wireless system. These
companies include Motorola, Cisco, and Strix Systems in the wireless mesh arena. Mr.
Bowman stated Cisco had terminated their relationship with E-Path months ago and is
now back at the table desiring an invitation to negotiate. He stated other companies also
desiring invitations to negotiate includes WiMax industry leaders, AirSpan (Boca Raton),
Alvarion, Aperto, Redline, and Solectek and these are all industry leaders in the
manufacturing of equipment and deployment of large scale WiMax networks and they are
all interested in what is going on in Delray. Mr. Bowman stated he wanted to take this
opportunity to assure the Commission that there is every reason to become re-energized,
refocused and excited about the immediate opportunities that our City may realize in the
new WiMax arena and to be one of the first destination markets in the United States to
launch a 3.65 gigahertz WiMax network for our citizenry, local businesses, public safety,
visitors, government officials and municipal departments. He further stated that if the
City so desires he would be happy to make available all the research and diligence that he
has gathered and provide it to our IT Department and City Commission for review. He
stated that most of this information can be found. at AccessDelray.org and encouraged the
City to start there if we want to perform our own diligence processes either to the IT
Department or the City Commission and this is a great starting point. Mr. Bowman
encouraged the City to move forward and schedule a public workshop with roundtable
discussions and to invite the public participation.
12. FIRST READINGS:
12.A. None.
At this point, Mr. Fetzer moved to approve to extend the City Commission
Meeting beyond 11:00 p.m., seconded by Mr. Eliopoulos. Upon roll call the Commission
voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr.
McDuffie -Yes; Mrs. Montague -Yes. Said motion passed with a 5 to 0 vote.
4.D. WAIVER REQUEST/IBM SOUTHEAST EMPLOYEES FEDERAL
CREDIT UNION: Consider a waiver request to waive Land Development Regulations
(LDR) Sections 4.6.8(B)(3)(c), "Illumination Levels and Uniformity", to allow
illumination levels greater than 4 foot candles within the parking areas for the IBM
Southeast Employees Federal Credit Union located within the Delray Park of Commerce
at the northeast corner of Congress Avenue and Lake Ida Road (1000 N.W. 17`h Avenue).
(Quasi-Judicial Hearing)
Mayor Ellis stated if anyone from the public would like to speak in favor
or in opposition of the waiver requests, to please come forward at this time.
Lanelda Gaskins, Acting Deputy City Clerk, swore in those individuals
who wished to give testimony on this item.
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06/03/08
Mayor asked the Commission to disclose their ex parte communications.
The Commission had no ex parte communications to disclose.
Mark McDonnell, Assistant Director of Planning and Zoning, entered the
Planning and Zoning Department project file #2008-133 into the record.
Mark McDonnell, Assistant Director of Planning and Zoning, stated this is
consideration of a waiver with regard to lighting intensity. The Land Development
Regulations with regard to a Class III Site Plan modification for IBM Southeast Credit
Union. The maximum foot candle allowed per the City's Land Development Regulations
is a 4 foot candle. The subject property consists of a portion of Tract N of the Delray
Park of Commerce and contains 3:035 acres. The property contains an existing 23,000
square foot office building that was formerly occupied by Florida Power and Light.
At its meeting of May 14, 2008, the Site Plan Review and Appearance
Board (SPRAB) approved the Class III site plan modification for IBM Southeast
Employee Credit Union. The development proposal consists of the conversion of 2,960
square feet of the office building to a financial institution and construction of two
additional drive-through lanes. The remaining portion of the building will be occupied
by the regional corporate offices of the credit union. The Site Plan Review and
Appearance Board (SPRAB) considered the waiver and recommended approval: The
applicant is proposing 17.8 foot candles and has provided a justification statement. The
State Statutes require that a minimum illumination level of 10 foot candles be provided at
an automated teller machine and that this extend five feet from the machine. It is noted
that the illumination level exceeds 10 foot candles beneath the canopy and that it extends
beyond the five-foot distance. Thus, a waiver is still necessary. It is noted that the
illumination levels within bank drive through lanes are typically greater for safety
purposes and the light fixtures are completely recessed into the ceiling of the structure so
that they will not produce a public safety issue with regard to glare.
Mr. McDonnell stated this is consistent with the Comprehensive Plan and
staff recommends approval of the waiver request.
Nicole Simpson, Kilday & Associates (Applicant), stated she is present
to answer any questions the Commission may have. She stated they agree with staff and
SPRAB's recommendation of approval of this waiver.
Mayor Ellis there being no one else from the public who would like to
speak in favor or in opposition of the waiver request, the public hearing was closed.
There was no cross-examination or rebuttal.
The City Attorney briefly reviewed the Board Order with the Commission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
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06/03/08
Mr. McDuffie moved to adopt the Board Order as presented, seconded by
Mrs. Montague. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes;
Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said
motion passed with a 5 to 0 vote.
9.E. IN-LIEU PARKING FEE AGREEMENT/TAVERNA EROS:
Consider a request to approve an In-Lieu Parking Fee Payment Agreement in the amount
of $62,400.00 for the in-lieu spaces recently approved for Taverna Eros located at 8 East
Atlantic Avenue.
Scott Aronson, Farking Management Specialist, stated at its meeting of
January 15, 2008, the City Commission approved a request from Taverna Eros for four
(4) in-lieu parking spaces in the amount of $62,400. At the time of approval, the
presentation emphasized that payment would be made upon issuance of the building
permit as the applicant was the tenant of the property. The owner of the property has
contacted staff and is now requesting to pay for the approved spaces in accordance with
Land Development Regulations Section 4.6.9(E)(3)(d) via an In-Lieu of Parking Fee
Agreement, which requires 50% payment ($31,200) upon signing of the agreement with
two (2) subsequent payments of 25% ($15,600), on the second and third anniversaries of
the agreement. Considering the in-lieu of parking spaces remain with the property in
perpetuity, thereby benefiting the owner of the property staff supports the applicant's
request.
At its meeting of May 27, 2008, the Parking Management Advisory Board
(PMAB) recommended approval.
Mr. McDuffie moved to approve the In-Lieu Parking Fee Payment
Agreement in the amount of $62,400 for Taverna Eros, seconded by Mr. Eliopoulos.
Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes;
Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed
with a 5 to 0 vote.
9.F. BIDDING SCOPE/MILLER PARK: Consider approval of a proposed
a limited scope of improvements for Miller Park to be identified as the base bid in bid
documents to be advertised for competitive bids with add alternate items as presented.
Richard Hasko, Director of Environmental Services, stated there were
some budgetary issues with regard to the Miller Park Project when they received the
Guaranteed Maximum Price (GMP) quote from the CM. The City Commission approved
the discontinuation of that contract at that point. Staff was going to get a competitive
bidding specification for this project basically trying to develop a base bid that they felt
comfortable they could do within the budgetary constraints and then have a series of add
alternates and see where they come in and give staff options of what they may be able to
award.
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06/03/08
Mike Kerry, Kimley-Horn and Associates, Inc., stated when the CM
price came in back in February ($7.5 million) it was obviously over the budget. The
decision was made to change delivery methods from a CM At Risk to a traditional bid
build method. He stated this is a good suggestion primarily because of the economy and
the way things have slowed down and the marketplace has become much more
competitive in the last few years. Mr. Kerry stated in discussion with another contractor
who competed for the project originally and has subsequently stayed interested in the
project feels that the City could save at least 10% over the original proposal. He stated
they then started the process of developing a base bid with a series of add alternates with
the understanding that they had $5-$5.5 million to spend. He stated the first base bid
item is estimated at $3.1 million. Mr. Kerry stated for the initial base bid they are
proposing to build the Miracle League Facility (includes a restroom facility, parking, two
new fields, and the concession stand/community center). He stated for the first add
alternate they would add another field, a skinned infield practice facility and some
parking which would bring them up to about $4-$4.5 million. He stated the second add
alternate would be the final field and the final parking area including a storage building.
The entire project is estimated at $6.5 million which would include the improvements to
Little Fenway which is primarily fencing and improvements. He stated they would build
the bid plus add alternates and they could add alternates such as batting cages, site
furniture, landscaping, etc. until the bids came in and saw what the prices were then the
City could make a decision on what items they wanted to build in accordance with the
amount of money in the budget.
Mr. McDuffie asked if the private funding was taken into consideration
available for the Miracle Field. In response, Mr. Hasko stated those funds were included
in the revenue side of staff's projections.
Mrs. Montague stated by building it this way is there any disruption in
what exists now. Mr. Eliopoulos stated they are bidding it this way not building it this
way. Mrs. Montague asked what the timeframe is for the first phase. In response, Mr.
Kerry stated it is estimated one year for the entire project so the first phase would
probably be completed in approximately 7 months. Mr. Kerry stated the first phase has
two buildings in it which are generally the critical path to the building construction items.
Brief discussion between Mr. McDuffie and Mr. Kerry followed.
Mr. McDuffie expressed concern that when this project begins it will
require the tear out of Field 1, Field 3, Field 5, Field 5 South, and part of the parking lot.
He stated this will basically disable everything except for Fenway and Sergio because the
entire middle will be taken out. Mr. Kerry stated for playing purposes four (4) fields will
be lost. Mr. McDuffie stated he is concerned when the City will get those fields back
because the City has worked very hard to combine two Little Leagues into one and
hopefully the growth is going to take the City to the point where we will need these
things. Mr. McDuffie stated he understands funding is an issue but he just wondered
when the City would get back up to the point where players can get back into that facility.
Mr. Kerry stated they will try to minimize the impact as much as possible and one of
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06/03/08
things that the CM At Risk did want to do was to close the entire park and accelerate the
contract; however, they never got to the point of signing the contract to do that. Mr.
McDuffie stated there are other sanctioning bodies that play there in addition to the Little
League as well as Atlantic High School as well as other organizations that play on the big
fields so hopefully they can keep access. Mr. McDuffie stated he would like to report
this back to the baseball Boards so they will have some idea of when they can expect to
be back in the facility. He stated they are currently playing at Pompey Park which
accommodates the Little League capacity; however, it does not do anything for American
Legion ball or the high school players.
Mr. Hasko stated to get the bid documents complete and get it advertised
sometime in July then staff will be back to the Commission mid to late September and
start construction sometime in November. Mr. Hasko stated the construction time is
difficult to say right now because it depends how much bid the City awards and how
much they build. He stated it could take 6-8 months. Mr. McDuffie stated we can expect
to lose fall ball this year, spring ball next year and fall ball next year (probably three
seasons for Little League before being back up operating). Mr. McDuffie stated as soon
as Mr. Kerry knows an exact timeline he would appreciate being informed so that he can
go back and tell all the League Boards.
Mr. McDuffie moved to approve advertising for competitive bids using
the base bid scope and alternate items as presented, seconded by Mrs. Montague. Upon
roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes;
Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5
to 0 vote.
At this point, Commissioner Montague left the dais.
9.G. SETTLEMENT OFFER IN ROBERT HAUPTFUHRER v. CITY OF
DELRAY BEACH: Consider a Settlement Offer in the total amount of $726,300.00 in
Robert Hauptfuhrer v. City of Delray Beach. Staff recommends denial.
The City Attorney stated this item has been before the City Commission
previously and they approved a counteroffer of $25,000.00 and they have come. back with
an offer of $726,300.00. Staff recommends denial of the settlement offer.
Mr. Eliopoulos moved to DENY the Settlement Offer in the total amount
of $726,300.00 in Robert Hauptfuhrer v. City of Delray Beach, seconded by Mr. Fetzer.
Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mayor Ellis -
Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion to DENY the Settlement
Offer was passed with a 4 to 0 vote.
At this point, Commissioner Montague returned to the dais.
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06/03/08
9.H. SETTLEMENT OFFER IN ROBERT GROCHMAL v. CITY OF
DELRAY BEACH: Consider a Settlement Offer in the total amount of $12,500.00 in
Robert Grochmal v. City of Delray Beach. Staff recommends approval.
The City Attorney stated this is an automobile accident case involving a
Police Officer and the plaintiff Robert Grochmal. Staff recommends approval of the
Settlement Offer.
Mrs. Montague moved to approve the Settlement Offer in the amount of
$12,500.00 in Robert Grochmal v. City of Delray Beach, seconded by Mr. McDuffie.
Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -
Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion to
approve the Settlement Offer was passed with a 5 to 0 vote.
9.I. APPOINTMENT TO THE CODE ENFORCEMENT BOARD:
Appoint one (1) regular 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 McDuffie (Seat #3).
Mr. McDuffie moved to reappoint George Thacker as a regular member to
the Code Enforcement Board for an unexpired term ending January 14, 2010, seconded
by Mrs. Montague. Upon roll call the Commission voted as follows: Mayor Ellis -Yes;
Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes.
Said motion passed with a 5 to 0 vote.
9.J. APPOINTMENT TO THE POLICE AND FIREFIGHTERS
RETIREMENT SYSTEM BOARD OF TRUSTEES: Appoint one (1) regular member
to the Police and Firefighters Retirement System Board of Trustees for a two (2) year
term ending June 30, 2010. Based upon the rotation system, the appointment will be
made by Commissioner Montague (Seat #4).
Mrs. Montague moved to reappoint Adam Frankel as a regular member to
the Police and Firefighters Retirement System Board of Trustees for a two (2) year term
ending June 30, 2010, seconded by Mr. Eliopoulos. Upon roll call the Commission voted
as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -
Yes; Mrs. Montague -Yes. Said motion passed with a 5 to 0 vote.
At this point, the Commission moved to Item 13, Comments and
Inquiries on Non-Agenda Items from the City Commission.
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A. City Manager
Robert Barcinski, Acting City Manager, had no comments and inquiries
on non-agenda items.
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06/03/08
13.B. City Attorney
The City Attorney had no comments and inquiries on non-agenda items.
13.C. City Commission
13.C.1. Mr. Fetzer
Mr. Fetzer had no comments and inquiries on non-agenda items.
13.C.2. Mr. Eliopoulos
Mr. Eliopoulos had no comments and inquiries onnon-agenda items.
13.C.3. Mr. McDuffie
Mr. McDuffie had no comments and inquiries on non-agenda items.
13.C.4. Mrs. Montague
Mrs. Montague commented about the death of Carolyn Holder who
worked with the Community Redevelopment Agency (CRA) and has been a very strong
leader and advocate in the community for many years. Mrs. Montague stated Ms. Holder
passed away last weekend and the wake is being held at Shuler's Memorial Chapel on
Friday evening and the funeral will be held on Saturday, June 7, 2008 at 11:00 a.m.
Secondly, Mrs. Montague stated Delores Rangel's daughter Melissa
Rangel has received a Valor Heroism Wartime Army Achievement Medal in her fourth
tour in Iraq. Mrs. Montague congratulated the Rangel family. '
Lastly, Mrs. Montague stated CNN may be announcing that Barack
Obama as the Presidential Nominee for the Democratic Party which is history in the
making.
13.C.5. Manor Ellis
Mayor Ellis thanked everyone for hanging in there tonight.
There being no further business, Mayor Ellis declared the meeting
adjourned at 11:21 p.m.
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06/03/08
~~ J . ~~~
,L,,,...i- City Clerk
ATTEST:
~~
MAYOR
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the Minutes of the Regular City Commission Meeting held
on June 3, 2008, which Minutes were formally approved and adopted by the City
Commission on July 1, 2008
Cud
~~ ~c, City Cle
NOTE TO READER:
If the Minutes you have received are not completed as indicated above, this means they
are not the official Minutes of the City Commission. They will become the official
Minutes only after review and approval which may involve some amendments, additions
or deletions as set forth above.
-50-
06/03/08
IN THE CITY COMMISSION
CHAMBERS OF 'fHE CITY OF
DELRAY BEACH, FLORIDA
ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA
ON A RECONSIDERATION OF THE MARCH 18, 2008 COMMISSION DECISION
UPHOLDING AN APPEAL OF THE 2127/08 SPRAB APPROVAL OF THE
SPECIAL ACTION REQUESTED BY OFFICE DEPOT/CVS
1. "fhe City Commission voted to reconsider its decision of March 18, 2008
upholding the appea{ (which had the effect of denying the parking reduction) of
SPRAB's February 27, 2008 approval of the special action request. Office Depot/CVS
came before the City Commission on April 15 seeking a reconsideration. The City
Commission agreed on April 15, 2008 that it would reconsider its decision after
remanding the matter to SPRAB for review. At its April 23`d 2008 meeting SPRAB
approved the revised special action to reduce the required number of parking spaces
from 155 to 99: The appeal being reconsidered is scheduled for June 3`d, 2008 and is
now before the City Commission for a hearing on the appeal.
2. The City staff, applicant, and other persons have presented documentary
evidence and testimony to the City Commission pertaining to the special action request
of Office Depot/CVS. All of the evidence is part of the record in this case.
3. Waivers: 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.
4. Parking: Pursuant to LDR Section 4.6.9(C)(3)(a), "General Commercial
Uses shall provide 4.5 spaces per 1,000 square feet of gross floor area which includes
retail floor area, associated warehouse and storage floor area, and employee and
management facilities." The applicant desires to reduce the parking spaces at the
~, ~.~
~~ I~~ ~.~ 3~0,
Office Depot/CVS building located at 700 NE 6"' Avenue by 56 spaces (from 155
T~
spaces to 99 spaces (93 on site and 6 on street spaces for a total of 99), which equates
to a waiver of 31 spaces for the office supply use and a waiver of 25 spaces for the q
pharmacy use). The proposed Office Dept building contains 19,000 square feet and
the proposed CVS building contains 13,012 square feet. Pursuant to Section
4.6.9(F)(1), °Reduction allowed, when, upon receipt and acceptance of special
documentation, it is conclusively demonstrated that a reduced number of parking
spaces will accommodate a specific use, the body which acts on the attendant site plan
may reduce the parking requirements accordingly."
Should the revised special action request to reduce the required parking
spaces .from 155 to 99, subject to the following conditions listed below be
approved?
9
Yes 0 No 5
The Property shall be occupied and utilized by an office supply use and a pharmacy
use (collectively referred to herein as the "Uses") in accordance with the approved
Application for the Project.
In the event.one or both Uses vacate the Property, Centres, its successors and assigns,
shall be restricted to leasing that portion of the Property so vacated to a permissible use
that does not require additional parking demands over and above that which is currently
required.
In the event any proposed new use on the Property creates a greater demand for
parking than that which is currently required, Centres shall be. required to submit any
and all proposed new uses for review by the City in order to ensure that the City's
parking requirements are satisfied.
In the event a waiver is required for any such proposed new use, Centres shall ale an
application fora parking waiver to demonstrate that the parking impacts of the
proposed new use have been addressed. However, it is understood that the City may
or may not grant the waiver.
The City Commission has agreed to waive the parking requirement for 56 parking
spaces, Thus, based on prorated square~footages, 55 of the 99 spaces provided, shall
be allocated to office supply use( which is a waiver of 31 spaces) and 44 spaces to the
pharmacy use( which is a waiver of 25 spaces). {
In the event one of the Uses ceases, the remaining Use shall continue to operate with
2
the spaces allocated subject to the City's waiver and any new use shall be required to
comply with the City's current parking regulations, unless a waiver is granted. If both
Uses cease then any new use shall be required to comply with the City's current
parking regulations, unless a waiver is obtained.
City shall have the right to approve, approve with conditions or deny any future
proposed uses on the Property that does not meet the then current City parking
requirements.
The conditions referenced above shall be effective upon approval of this order.
The Restrictive Covenant, including the aforementioned conditions, substantially in the
form as Exhibit"A", attached hereto, and as approved by the City Attorney's office shall
be recorded upon the closing of the sale of the property to Centres Delray, LLC and no
building permits shall be issued until such recording.
5. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the original site plan was submitted.
6. 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 which supports the findings set forth in this Order.
7. Based on the entire record before it, the City Commission approves
denies X the special action request, subject to the conditions listed, and hereby
adopts this Order this 3~d day of June, 2008, by a vote of 5 in favor and 0
opposed.
Mayor
ATf EST:
(~(i~
e elle Nubin
City Clerk
~~
3
EXHIBIT "A" TO COMMISSION ORDER
Retum to: (enclose self-addressed
stamped envelope}
Name: Scott E. Backman, Esq.
Address:
Siegel, Lipman, Dunay,
Shepard, 8 Miskel, LLP
5355 Town Center Road
Suite 801
Boca Raton, Florida 33486
This Instrument Prepared by and return
to:
Scott E. Backman, Esq.
Siegel, Lipman, Dunay,
Shepard, &Miskel, LLP
5355 Town Center Road
Suite 801
Boca Raton, Florida 33486
DECLARAI"ION OF RESTRICTIVE COVENANTS
This Declaration of Restrictive Covenants ("Covenant"), made this day of
March, 2008, by Centres Delray, LLC, a Florida limited liability company, having an
address of 9130.South Dadeland Boulevard, Miami, FL 33156 ("Centres"), shall be for
the benefit of the City of Delray Beach, a Florida Municipal Corporation, with a post
office address of 100 N.W. 1St Avenue, Delray Beach, Florida 33444 ("City").
WITNESSETH:
WHEREAS, Centres is the. fee simple owner of approximately 2.3 acres of land
located at 700 N.E. 6~' Avenue, Delray Beach, FL 33444, and more particularly
described in Exhibit "A" attached hereto ("Property"); and
WHEREAS, Centres made application to the City for the approval of a site plan
application, which included a waiver request for a reduction in the parking requirement
("Application"); and
WHEREAS, Centres intends to develop the Property with an office supply use
(19,000 square foot Office Depot, which, under the City's parking requirements would `__
4
need to furnish 86 parking spaces) and a pharmacy use (13,012 square foot CVS
Pharmacy, which, under the City's parking requirements would need to furnish 69
parking spaces) for a total of 155 spaces ("Project"); and
WHEREAS, while the City's parking requirements for the Project require 155
parking spaces, Centres' Application proposes 93 on-site parking spaces and 6 off-site
parking spaces for a total of 99 parking spaces for the Project; and
WHEREAS, in order to satisfy concerns related to parking demands for potential
future users of the Property, the City requested Centres to enter into this Covenant to
govern the future utilization of the Property as described herein; and
WHEREAS, Centres agrees to grant this Covenant to the City, and the City
agrees to accept this Covenant in order to govern future development on the Property
following final approval of the Application for the Project.
NOW, THEREFORE, in consideration of the .promises and covenants herein
contained, Centres hereby declares that the Property specifically refierenced herein
shall be owned, held, used, transferred, sold, conveyed, demised and occupied subject
to the covenants, restrictions, and regulations hereinafter set forth, all of which shall run
with such property and any part thereof and which shall be -binding upon all parties
having any right, title or interest in such property or any part thereof, their heirs,
successors and assigns.
1. Recitations. The recitations set forth above are true and correct and are
incorporated into this Covenant by this reference.
2. Use Restrictions. Upon approval of the Application for the Project, use of
the Property identified on Exhibit "A" shall be governed as follows:
(a) The Property shall be occupied and utilized by an
office supply use and a pharmacy use (collectively
referred to herein as the "Uses") in accordance with
the approved Application for the Project.
(b) In the. event one or both Uses vacate the Property,
.Centres, its successors and assigns, shall be
restricted to leasing that portion of the Property so
vacated to a permissible use that does not- require
additional parking demands over and above what is
currently required for the Project.
(c) In the event any proposed new use on the Property
creates a greater demand for parking than what is
currently required for the Project, Centres shall be
required to submit any and all proposed new uses for
5
review by the City in order to ensure that the City's
parking requirements are satisfied. In the event a
waiver is required for any such proposed riew use,
Centres shall file an application for a parking waiver
to demonstrate that the parking impacts of the
proposed new use have been addressed. However,
it is understood that the City mayor may not gran# the
waiver.
The City Commission has agreed to waive the parking requirement
for 56 parking spaces, Thus, based on prorated square footages, 55 of the 99
spaces provided shall be allocated to the office supply use (which is a waiver of
31 spaces) and 44 spaces to the pharmacy use (which is a waiver of 25 spaces).
The offsite parking spaces shall be shared equally now and if a new use is
established. In the event one of the Uses ceases, the remaining Use shall
continue to operate with the spaces allocated subject to the City's waiver, and
any new use shall be required to comply with the City's current parking
regulations unless a waiver is granted. If both Uses cease then any new use
shall be required to comply with the City's current parking regulations.
(d) Nothing contained herein shall in any way impact the
parking rights approved for the Project with regard to
either of the original Uses, providing one or both Uses
continue to exist on the Property.
(e) City shall have the right to approve, approve with
conditions or deny any future proposed uses on the
Property that does not meet the then current City
parking requirements.
3. Amendments. This Covenant shall not be further modified, amended or
released as to any portion of the Property except by written instrument, executed by the
then owner or owners of the portion of the Property affected by such modification,
amendment, or release and approved in writing by the City. The appropriate
governmental authority of the City shall execute a written instrument effectuating and
acknowledging such modification, amendment or release. Any amendment,
modification or release of the Covenant shall be recorded in the Public Records of Palm
Beach County, Florida.
4. Recordation and Effective Date. This Covenant shall b.e recorded in the
Public Records of Palm Beach County, Florida by Centres at its sole cost and expense
upon closing on the Property. The Covenant shall not become effective until the
Covenant is recorded in the Public Records of Palm Beach County, Florida.
5. Severability. If any court of competent jurisdiction shall declare any
section, paragraph, or part thereof invalid or unenforceable, then such judgment or s
6
decree shall have no effect on the enforcement or validity of any other section,
paragraph or part hereof, and the same shall remain in full force and effect.
6. Captions, Headings and Titles. Articles and paragraph captions, headings
and titles inserted throughout this Covenant are intended as a matter of convenience
only and in no way shall such captions, headings or titles define, limit or in any way
affect the subject matter or any of the terms and provisions thereunder of the terms and
provisions of this Covenant.
7. Context. Whenever the context requires, any pronoun used herein may
be deemed to mean the corresponding masculine, feminine or neuter form thereof, and
the singular form of any nouns or pronouns herein may be deemed to mean the
corresponding plural form thereof and vice versa.
8. Enforcement. The City shall have all rights allowed under law to enforce
this Declaration of Restrictive Covenants.
[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
7
IN WITNESS WHEREOF, Centres has executed this Covenant on the day first
above written:
WITNESSES: CENTRES
CENTRES
DELRAY, LLC., a Florida limited liability
company
(Signature)
Print name:
(Signature)
Print name:
STATE OF FLORIDA
COUNTY OF
Print Name:
Title:
Address:
SS.
The foregoing instrument was acknowledged before me this day of March,
2008, by , as of Centres Delray, LLC, a Florida
limited liability company, freely and voluntarily on behalf of said corporation. He/She is
personally known to me or has produced as identification
or is known to me personally.
NOTARY PUBLIC:
Typed, printed or stamped name of Notary Public
8
EXHIBIT "A"
LEGAL DESCRIPTION
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
WAIVER REQUESTS FOR OFFICE DEPOT/CVS DEVELOPMENT
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. The waiver requests, to reduce the visibility triangle in one location from
20' to 15 `and in two other locations from 40' to 30', have come before the City
Commission on June 3, 2008.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the waiver requests for the Office
Depot/CVS Development Project. All of the evidence is a part of the record in this
case. Required findings are made in accordance with Subsection I.
I. WAIVERS:
Pursuant to t_DR Section 4.6.14(A)(1), a twenty foot (20') sight visibility triangle shall be
provided where an accessway intersects a public right-of-way. The Applicant seeks a waiver to
reduce the site visibility triangle to fifteen feet (15') at the intersection of N:E. 5`~ Avenue and the
western most ingress and egress driveway of the site.
Pursuant to LDR Section 4.6.14(A)(2), a forty foot (40') sight visibility triangle shall be provided
where 2 or more public rights-of-way intersect. The Applicant seeks two waivers to reduce the
site visibility triangle to thirty feet (30') at the intersection of N.E. 5~' Avenue and N.E. 8~' Street
and at the intersection of N.E. 6"' Avenue and N.E. 7`~' Street.
Pursuant to LDR Section 2.4.7(8)(5), prior to granting a waiver, the approving body
shall make a finding that the granting of the waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of public facilities;
(c) Shall not create an unsafe situation; and,
(d) Does not result in the grant of a special privilege in that the same waiver would
be granted under similar circumstances on other property for another applicant
or owner.
Would the waiver of Section 4.6.14(A)(1) to reduce the site visibility triangle to 15' at the
N.E. 5~' Avenue intersection comply with the requirements of 2.4.7(8)(5)?
Yes 5 No 0
Would the waiver of Section 4.6.14(A)(2) to reduce the site visibility triangle to 30' at the
N.E. 5"' Avenue and N.E. 8~' Street intersection comply with the requirements of
2.4.7(8)(5)? ~ I ~ 1 ~
3foB
Yes 5 No 0
Would the waiver of Section 4.6.14(A)(2) to reduce the site visibility triangle to 30' at the
N.E. 6"' Avenue and N.E. 7"' Street intersection comply with the requirements of
2.4.7(6)(5)?
Yes 5 No 0
3. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the original development application was
submitted and finds that its determinations set forth in this Order are consistent with the
Comprehensive Plan.
4. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
5. 5. Based on the entire record before it, the City Commission approves
or denies the waiver requests as follows:
LDR Section Approve Deny
4.6.14.(A)(1) N.E. 5~' Avenue to 15' X
4.6.14(A)(2) NE 5~' Ave/NE 8~' St. to 30' X
4.6.14(A)(2) NE 6~' Ave/NE 8~' St. to 30' X
6. Based on the entire record before it, the City Commission hereby adopts
this Order this 3`d day of June, 2008, by a vote of 5 in favor and 0 opposed.
ATTEST: Mayor
a~G~
F-:_ ~ C evelle Nubin, City Clerk
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IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
ORDER OF TWE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA
WAIVER REQUESTED BY IBM SOUTHEAST EMPLOYEES FEDERAL CREDIT
UNION LOCATED AT 1000 NW 17'x' AVENUE TO ALLOW THE
LIGHTING PLAN TO EXCEED THE MAXIMUM ALLOWED
FOOT CANDLES WITHIN THE PARKING AREAS
1. This waiver request came before 'the City Commission on June 3, 2008.
2. The City staff, applicant, and other persons have presented documentary
evidence and testimony to the City Commission pertaining to the waiver request for the
IBM Southeast Employees Federal Credit Union located at 1000 NW 17~' Avenue. All
of 'the evidence is part of the record in this case.
3. Sight Lighting: Pursuant to Section 4.6.8(B)(3)(c), the maximum permitted
illumination levels within parking and vehicle circulation areas are four (4) foot candles.
4. Waivers: 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.
Should the waiver be granted to allow the illumination levels within the
area beneath the drive-through canopy to have a maximum of 17.8 foot candles
Yes 5 No 0
5. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the original site plan was submitted and finds that
its determinations set forth in this Order are consistent with the Comprehensive Plan.
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.~ r~
~ ~ ~ r"4`~
Item 91~ ~'~
6. 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 which supports the findings set forth in this Order.
7. Based on the entire record before it, the City Commission approves
X denies the waiver requests subject to the conditions set forth herein and
hereby adopts this Order this 3rd day of June, 2008, by a vote of 5 in favor and
0 opposed .subject to the condition that states:
Mayor
ATf EST:
aw-~Qc~ a-p~--r
Chevelle Nubin
r~ ~ City Clerk
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