12-09-08 Minutes RegDECEMBER 9, 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, December 9, 2008.
1. Roll call showed:
Present - Commissioner Gary P. Eliopoulos
Commissioner Fred B. Fetzer
Commissioner Woodie B. McDuffie
Commissioner Mackenson Bernard
Mayor Rita Ellis
Absent - None
Also present were - David T. Harden, City Manager
Robert A. Barcinski, Assistant City Manager
Susan A. Ruby, City Attorney
Brian Shutt, Assistant City Attorney
Chevelle D. Nubin, City Clerk
2. The opening prayer was delivered by Dr. Gary Guerrier, Pastor with First
Baptist Chuch.
3. The Pledge of Allegiance to the flag of the United States of America was
given.
Mayor Ellis stated she would like everyone to observe a moment of
silence to recognize the passing of Jerry Church who was a former City Engineer in
Delray Beach.
4. AGENDA APPROVAL.
Mayor Ellis stated that Item 8.P., Payment for Additional
Services/Kimley-Horn and Associates, Inc./Seacrest Soccer Complex had been added
to the Consent Agenda by addendum and will be moved to the Regular Agenda as Item
9.A.A.
Mr. Bernard requested that Item 8.A., Acceptance of Water and Sewer
Easement Deeds/Villa~e at Delray of the Consent Agenda be moved to Item 9.A.A.A.
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The City Attorney stated for the sake of the people present, Item 9.G.,
Appeal/Site Plan Review and Appearance Board Actions/Boston's Restaurant of the
Regular Agenda will be postponed to a date certain of February 3, 2008 and Item 10.F.,
Development Agreement/Vista Del Mar, L.L.C. (FIRST PUBLIC HEARING), will
be postponed to a date certain of February 3, 2008 at 7:00 p.m.
Mr. Eliopoulos moved to approve the Agenda as amended, seconded by
Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr.
McDuffie -Yes; Mr. Bernard -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said
motion passed with a 5 to 0 vote.
5. APPROVAL OF MINUTES:
A. None
6. PROCLAMATIONS:
6.A. Calling for the First-Non-Partisan Election to be held on March 10,
2009
Mayor Ellis read and presented a proclamation to Chevelle D. Nubin, City
Clerk hereby calling for the First Nonpartisan Election to be held on Tuesday, March 10,
2009, between the hours of 7:00 a.m. and 7:00 p.m., at all the precincts and polling places
in the City of Delray Beach as designated by the Supervisor of Elections.
7.A. PRESENTATIONS:
7.A. "Outstanding Achievement in Law Enforcement" Award Presentation
-International Association of Chiefs of Police
Police Chief Anthony Strianese recognized the Police Department's
Volunteer Program for their recent Volunteer Program Award from the International
Association of Chiefs of Police for "Outstanding Achievement in Law Enforcement".
Chief Strianese stated the Police Department has approximately 400 volunteers and some
of the accomplishments that they were responsible for during 2007 is that they logged in
over 43,000 volunteer hours with the agency. He stated this is equivalent to an
$800,000.00 investment monetarily or this could be broken out to two (2) equivalent full-
time positions. This award of "Outstanding Achievement" was presented by the
International Association of Chiefs of Police (IACP) on November 11 `h. Chief Strianese
stated this organization is made up of over 20,000 members from approximately 89
countries. Chief Strianese recognized each group that participated in this achievement:
(1) Citizens Roving Patrol (CORP) (2) Parking Enforcement Specialist, (3) Citizens
Academy, (4) Haitians Academy, (5) Spanish Academy, (6) Downtown Roving Patrol,
(7) Mobile Traffic Enforcement Unit, (8) Homefront Security, (9) Volunteer
Administrative Division, (10) Volunteer Support Division and (11) Volunteer Training
Division. Chief Strianese stated this is the only volunteer program in the United States
that is now a 501(C)(3) program that is able to help themselves and past volunteers.
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Chief Strianese thanked all of the volunteers for their support and dedication to both the
communities and the organization. Chief Strianese also thanked Officer Andy Arena for
his continued leadership, direction and guidance. Chief Strianese thanked the City
Manager, the Mayor and the City Commission for allowing them the flexibility to create
these initiatives.
Officer Andy Arena, Volunteer Coordinator with the Delray Beach Police
Department, displayed the award for the City Commission.
Mayor Ellis stated the Commission is very proud of this organization and
thanked the volunteers for contributing so much to the program.
7.B. Recognizing Adopt-A-Park Program Volunteers
Alberta Gaum-Richard, Project Coordinator/Parks and Recreation, stated
the Adopt-a-Park Program has been in affect for two years. She stated they have 32
parks and 16 are adopted by different organizations, families, groups or businesses. Ms.
Gaum-Richard recognized and thanked the adoptees for their continued support in
maintaining their park. She stated tasks may include trash pickup, graffiti reporting,
weeding and raking playgrounds, mulching trees, reporting vandalism, etc. Ms. Gaum-
Richard thanked Tim Simmons, Parks Superintendent, and his Park maintenance crew for
their help with delivering supplies such as bags, gloves, and wheelbarrows and for also
teaching the children and the adoptees to plant plants and weed.
Mayor Ellis presented Certificates of Appreciation to park adoptees and
thanked he volunteers for taking special pride in the parks.
7.C. Preserve America Community Designation
Amy Alvarez, Historic Preservation Planner, stated the Preserve America
program is a White House initiative which encourages and supports community efforts to
preserve and enjoy America's cultural and natural heritage. In August 2008, the Delray
Beach Historical Society and the City of Delray Beach submitted an application for the
Preserve America designation. Mrs. Alvarez stated eligible communities must meet three
general criteria one of which is that the community has recently supported a historic or
cultural preservation project that involved a public/private partnership between
government entities and at least one non-profit organization. She stated that project for
the City of Delray Beach was the Hunt House Project.
Stephanie Shipley, Executive Director of the Delray Beach Historical
Society, thanked the City of Delray Beach for their support of the Hunt House Project.
She stated that the restoration has been completed and it looks beautiful. Ms. Shipley
stated they are planning their Grand Opening which will most likely take place around
their antique show in February 2009. She stated with the help of the City the Delray
Beach Historical Society has been able to provide another place where the children of the
community can come learn about the history of Delray Beach, where they can provide
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research and assistance for students from any school in the community. She stated with
this project being completed they have been able to apply for this designation.
Mrs. Alvarez stated on November 5, 2008, the City received official
notification from First Lady Laura Bush who is the Honorary Chair of the Preserve
America initiative that the City of Delray Beach did receive the designation. Mrs.
Alvarez stated Delray Beach is the first city in Palm Beach County that was designated as
a Preserve America Community. She stated as a community Delray Beach would receive
national recognition for its preservation related efforts and would also receive the right to
use the Preserve America logo on signs and promotional materials, eligible for matching
Preserve America grants for projects ranging from $40,000-$500,000.00 and they would
need to meet specific criteria in certain categories. Mrs. Alvarez stated the State tourism
office would receive notification of the City's designation and Delray Beach would also
be featured in the National Register Travel Itinerary and in curricula material for teaching
with historic places which are offered by the national park service. Mrs. Alvarez stated
the City received one sign last week with its designation and displayed it to the City
Commission. She stated the Historic Preservation Board will look at next week and
decide where it will be posted. Mrs. Alvarez stated although the City received the one
sign with the specifications they could also receive the specifications for the signage and
make more and budget permitting they would like to plan an event celebrating the
designation. Mrs. Alvarez thanked the Commission for their support of the application.
8. CONSENT AGENDA: City Manager Recommends Approval.
8.A. THIS ITEM WAS MOVED TO THE REGULAR AGENDA AS
ITEM 9.A.A.A.
8.B. ACCEPTANCE OF AN EASEMENT DEED/DELAIRE COUNTRY
CLUB: Approve and accept an easement deed for reclaimed water service with the
Delaire Country Club.
B.C. CONTRACT CLOSEOUT (C.O. NO. 1/FINAL)/ROSSO PAVING
AND DRAINAGE, INC./RAINBERRY WOODS NEIGHBORHOOD
IMPROVEMENTS PROJECT: Approve a Contract Closeout (C.O. No. 1/Final) in the
amount of $43,378.00 decrease and final payment in the amount of $11,177.10 to Rosso
Paving and Drainage, Inc. for the completion of the Rainberry Woods Neighborhood
Improvements Project. Funding is available from 334-6130-541-63.20 (General
Construction Fund/Neighborhood Enhancements/Improvements other than Building
Landscaping/Beautification).
8.D. AMENDMENT NO. 3.3 TO SERVICE
AUTHORIZATION/KIMLEY HORN AND ASSOCIATES, INC./MILLER PARK
IMPROVEMENTS: Approve Amendment No. 3.3 to Service Authorization No. 3.0 in
the amount of $65,248.00 to Kimley-Horn and Associates, Inc., for Construction
Administration Services, regarding the Miller Park Improvements. Funding is available
from 334-4173-572-63.90 (General Construction Fund/Other Improvements).
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S.E. PRESERVE AMERICA LOGO: Approve a request authorizing the
Mayor to execute a letter regarding use of the Preserve America Logo.
8.F. AMENDMENT NO. 1 TO INTERLOCAL
AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY (CRA)
CONSTRUCTION/PROFESSIONAL SERVICES: Approve Amendment No. 1
modifying Exhibit "A" to the Interlocal Agreement between the City and the Community
Redevelopment Agency (CRA) for funding construction/professional services for certain
projects.
8.G. AMENDMENT NO. 2 TO DOWNTOWN MARKETING CO-
OPERATIVE AGREEMENT: Approve Amendment No. 2 to the Downtown
Marketing Co-operative Agreement with the City, Community Redevelopment Agency,
Downtown Development Authority and the Chamber of Commerce to extend the term
until December 31, 2011 and set forth the responsibilities of the parties.
8.H. AUTHORIZATION FOR THE SUPERVISOR OF ELECTIONS TO
HANDLE/CANVASS ABSENTEE/PROVISIONAL BALLOTS AND REPRESENT
THE CITY AT LOGIC & ACCURACY TESTS FOR THE FIRST NON-
PARTISAN ELECTION: Authorize the Palm Beach County Supervisor of Elections to
handle and canvass the City's absentee and provisional ballots for the March 10, 2009
First Non-Partisan Election, and represent the City at the requisite Logic and Accuracy
tests.
8.I. FY 2007-2008 CONSOLIDATED ANNUAL PERFORMANCE AND
EVALUATION REPORT (CAPER): Approve the Consolidated Annual Performance
and Evaluation Report required by the United States Housing & Urban Development
Agency (HUD) for utilization of federal grant funds for Fiscal Year 2007-2008.
8.J. ~ RESOLUTION NO. 61-08/AMENDMENT TO LOCAL HOUSING
ASSISTANCE PLAN (CHAP): Approve and adopt Resolution No. 61-08, an
amendment to the Local Housing Assistance Plan (CHAP) as required by the City's State
Housing Initiatives Partnership (SHIP) Program authorizing and directing the Mayor to
execute any necessary documents and certifications needed by the State; authorizing the
submission of the Local Housing Assistance Plan for review and approval by the Florida
Housing Finance Corporation; and providing an effective date for Fiscal Years 2007-
2010.
8.K. RATE AGREEMENT/FAMILY CENTRAL, INC: Approve a rate
agreement between the City of Delray Beach and Family Central, Inc., to provide
reimbursable funding from the Continue to Care Afterschool (CCA) Program and the
Early Learning Coalition (ELC) for ninety-eight (98) childcare slots in the Parks and
Recreation Afterschool Program.
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8.L. FUNDING AGREEMENT/GULFSTREAM GOODWILL
INDUSTRIES: Approve a Funding Agreement between the City and Gulfstream
Goodwill Industries in the amount of $37,000.00 to support ex-offenders returning to
targeted neighborhoods within the City of Delray Beach. Funding is available from 115-
2126-521-83.01 (Special Projects Fund/Other Grants and Aid).
8.M. AGREEMENT/SAVION HOLDINGS, LLC: Consider approval of an
agreement with Savion Holdings, LLC., to obtain a Certificate of Occupancy for Building
1 of the Latitude Delray project. `
8.N. SERVICE. AUTHORIZATION NO. 07-02/MOCK-ROOS AND
ASSOCIATES, INC. BLOCK 19 AND 20 ALLEY IMPROVEMENTS: Approve
Service Authorization No. 07-02 in the amount of $25,000.00 to Mock-Roos Associates,
Inc. for the design of Block 19 and Block 20 Alley Improvements. Funding will be
provided by the Community Redevelopment Agency (CRA).
8.0. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards for
the period December 1, 2008 through December 5, 2008.
8.P. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A.A.
(~. AWARD OF BIDS AND CONTRACTS:
1. Purchase award to Metron-Farnier, LLC. in the amount of
$30,942.00 for the purchase of 25 refurbished 3" Spectrum 175G
Water Meters at a unit cost of $963.00 each and three (3) - 6"
water meters at $2,289.00 each. Funding is available from 442-
5178-536-61.81 (Water/Sewer Renewal & Replacement
Fund/Water Meter Replacement Program).
Mr. Fetzer moved to approve the Consent Agenda as amended, seconded
by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. McDuffie -
Yes; Mr. Bernard -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer =Yes.
Said motion passed with a 5 to 0 vote.
9. REGULAR AGENDA:
9.A.A. PAYMENT FOR ADDITIONAL SERVICES/KIMLEY-HORN AND
ASSOCIATES, INC./SEACREST SOCCER COMPLEX: Approve a payment in the
total amount of $5,876.36 to Kimley-Horn and Associates, Inc. for additional services
required to complete the Seacrest Soccer Complex Project at the old Atlantic High
School site. Funding is available from 380-4150-572-63.49 (Parks & Recreation Bond
Fund/Soccer Complex). (ADDENDUM)
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Richard Hasko, Director of Environmental Services, stated this is a request
from Kimley-Horn and Associates, Inc. for payment for additional services on the
Seacrest Soccer Complex Project. Mr. Hasko stated the City did not award them
construction administration scope on the soccer complex because of the relative
simplicity of the project but staff found a couple of things that they needed to do and
there were also some conflicts in the field as the project went on. He stated the City
asked Kimley-Horn and Associates, Inc. to do that work on an hourly basis and this is
what the two bills are for.
Mr. Eliopoulos expressed concern over the invoicing date and the time
that the work was actually done and why this is coming to the Commission at this time.
Mr. Hasko stated the $3,010.00 was for the shop drawing review and approval and the
attendance at the pre-work conference; the other services occurred over the course of the
construction because staff needed them to come out and resolve some underground
conflicts on the project. Mr. Hasko stated this was not in their scope.
Mr. Eliopoulos moved to approve Item 9.A.A. (formerly Item 8.P.,
seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr.
Bernard -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr.
McDuffie -Yes. Said motion passed with a 5 to 0 vote.
9.A.A.A. ACCEPTANCE OF WATER AND SEWER EASEMENT
DEEDS/VILLAGE AT DELRAY: Approve and accept three (3) easement deeds from
Village at Delray over existing water, sewer and force main lines within the proposed
development of Village at Delray located along the east side of Auburn Avenue just south
of S.W. 4`h Street.
Mr. Bernard declared a conflict of interest and stepped down from the
dais.
Randal Krejcarek, City Engineer, stated this item is regarding obtaining
easements over existing facilities that are in the Auburn Trace Redevelopment area. Mr.
Krejcarek stated the reason the City needs these easements over the existing utilities 'is
because they are going to be putting new water and sewer facilities in. However; until
those are in and actually accepted by the City, we have to maintain access to maintain the
existing facilities because there are residents living there and they have to go through the
planning process prior to beginning any construction. Mr. Krejcarek stated the platting
process actually does away with the easements that are over the existing utilities. He
stated they are giving the City a temporary easement which the City will abandon once
the new facilities are in place.
Mr. McDuffie moved to approve Item 9.A.A.A. (formerly Item 8.A),
seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor
Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion
passed with a 4 to 0 vote.
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9.A. CONDITIONAL USE REQUEST/ATLANTIC PLAZA II: Consider a
conditional use request to allow a building height in excess of forty-eight feet (48') and to
accommodate a proposed building height of sixty feet (60') for three of the six buildings
within Atlantic Plaza II, a proposed mixed-use development, located between N.E. 6th
Avenue and Veterans Park and between East Atlantic Avenue and N.E. 1st Street.
(Quasi-Judicial Hearing)
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.
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor Ellis asked the Commission to disclose their ex parte
communications. Mr. McDuffie stated he has attended three Charrettes, two individual
updates; spoke to Mr. DeSantis, Mr. Milmoe, Mr. Vander Ploeg, and Attorney Michael
Weiner on numerous occasions regarding the project. Mr. Bernard stated he met with
Mr. Milmoe, Mr. Vander Ploeg, and Attorney Michael Weiner. Mayor Ellis stated she
spoke with Mr. Weiner and the Principals of CDS International Holdings, Inc. and their
associates, and attended one Charrette. Mr. Eliopoulos stated over the last 1 %2 years he
has met four separate times to review the progress of this project with the designers, the
actual principals and their attorney. Mr. Fetzer stated he has had several meetings with
the developer Mr. DeSantis, Mr. Milmoe, Mr. Vander Ploeg, and Attorney Michael
Weiner updating him on the status of the redesign of the proposal for Atlantic Plaza. Mr.
Fetzer stated he also received some petitions; one from residents of Delray Summit
opposed to the conditional use and also received a petition from Barbara Haynes who has
a list of residents who are in favor of the conditional use. Mr. Fetzer stated he also
received numerous emails both for and against the project and he will provide those
emails to the City Clerk.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2008-182 into the record.
Mr. Dorling stated the item before the Commission is a conditional use
request to increase the building height to a maximum of 60 feet. The site includes all of
the Atlantic Plaza plus the block to the west and it also includes a future request for an
abandonment of 7th Avenue. He stated the site currently contains five buildings that were
constructed between 1962 and 1979 and also includes the gasoline station which was
previously located at the northeast corner of Atlantic Avenue and 6th. Mr. Dorling stated
the gasoline station has been demolished and is now awaiting redevelopment. The
current development proposal is for amixed-use project which will consist of six
buildings with approximately 89,126 square feet of retail floor area, 29,709 square feet of
restaurant floor area, and 111,628 square feet of office area. The residential component
of the new development consists of 197 dwelling units (19 townhomes and 178
condominiums). The parking for the project consists of sub-grade parking (automated
parking system and self parking). Mr. Dorling displayed the site plan and stated the
conditional use is to allow a height of 60 feet for the building that sits against Veteran's
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Park. He stated the fifth floor (area between 48 feet and 60 feet) is for residential use
only. Mr. Dorling explained that the northwest portion of the site would go to 60 feet and
there is a requirement that anything within 150 feet of anything zoned RM (Medium
Density Residential) cannot seek an increase in height so that portion of the building
which was previously envisioned to do that is not allowed by Code and the applicant has
complied with that.
At its meeting of December 6, 2005, the City Commission considered a
redevelopment proposal in 2005 for this; however, that development was not the same
size and did not include the block west of Atlantic Plaza but did have significant
development. The City Commission did not support that and sent it back to staff and this
is a response to that direction.
At its meeting of October 20, 2008, the Planning and Zoning Board
considered the current development proposal for a mixed use project to increase the
maximum building height. Some people spoke in opposition and some in favor. After
discussing the proposal, the Board voted 5 to 1 vote in favor to recommend approval to
the increase in building height. Mr. Dorling stated on page two of the Planning and
Zoning staff report the Planning and Zoning Board applied to the conditional use and
noted that staff met with the applicant and some of those recommendations have been
slightly reworded under staff's recommendation and a couple of these have been
addressed and/or do not apply. Mr. Dorling stated the recreation amenity on condition #2
has been complied with and condition #7 does not apply.
The City Attorney asked if it is buildings #1-4 that would have the
increased height. Mr. Dorling stated the increased height would be for buildings #3, #4,
and #6. The City Attorney commented about the conditions attached to the Board Order
and inquired if staff would like to eliminate condition #7. Mr. Dorling suggested that the
City Commission approve this subject to the seven conditions and noted that staff has
already met with the applicant and those that would not apply staff will deal with as they
move forward.
Bill Milmoe, President of CDS International Holdings, Inc., owner of
the Atlantic Plaza and Redevelopment site (Applicant), stated the redevelopment of
this project is substantial and on a recurring basis the redevelopment will generate more
than $2.5 million in tax revenue annually for the community and will create many new
jobs. There will also be many one time benefits including more than $2 million in
building permit fees and substantial construction jobs will be created. Mr. Milmoe stated
the request for the additional 12 feet of height has received staff recommendation,
approval of the Community Redevelopment Agency (CRA), the Downtown Development
Authority (DDA), and the Planning and Zoning Boards. He stated their request is not for
rezoning or variances but it is to work within the existing Codes conditional height
provisions. Mr. Milmoe stated CDS is eager to move these plans forward and to make a
significant investment in downtown Delray Beach's future and quality of life.
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Carl DeSantis, Principal of CDS, stated he has lived in Delray Beach for
almost ten years. He stated they have assembled a top flight team to guide us through the
City's equally talented City officials to construct this project to be the finest in all areas.
Mr. DeSantis stated they are currently interviewing the top contractors throughout the
country thus integrating the City's desires and his desires to erect this plaza. Mr.
DeSantis stated he wants the best and promises to deliver the best.
Michael Weiner, Attorney with Weiner, Aronson & Mankoff, 10 S.E.
ls~ Avenue, Delray Beach, stated the project is Atlantic Plaza and is located on Atlantic
Avenue which is on the south N.E. 15t Street, on the north Veteran's Park to the east and
northbound Federal Highway. Mr. Weiner stated the plaza will comprise of 2'/2 City
blocks and noted that this is more than 7 acres. He stated this is really three projects in
three phases with a central theme but a different architectural approach. Mr. Weiner
stated all of the present buildings on the site will come down including the 57 foot office
building and in its place will be the phase development. He stated the phasing is
organized as to allow construction with the least amount of inconvenience to those
around them. Mr. Weiner explained that tonight they are talking about a conditional use
and not rezonings, not variances or waivers. Mr. Weiner stated under the laws of the
State of Florida once you meet the requirements of the ordinance you meet your burden
of proof. He stated they received a favorable staff report and briefly reviewed the
requirements of a conditional use (Future Land Use Map/Commercial Core, Consistency
with the Comprehensive Plan objectives, Concurrency, Consistency with Performance
Standards). Mr. Weiner stated the Performance Standards listed on page 6-11 of the staff
report have been met. He commented that LDR Section 2.4.5(E), which they have met,
noted that there must be a finding that the project will not have a significantly detrimental
effect of the stability of the neighborhood and the second part is that it will not hinder
redevelopment (pages 14-22 in the staff report). Mr. Weiner stated the removal of the
halfway house, the gasoline station, and that surface parking actually increases the
stability of the neighborhood. Mr. Weiner referenced LDR Section 4.3.4(4)(J)(b) and
noted (1) that they are in the appropriate area, (2) the top floors will be residential use, (3)
they will comply with the workforce housing ordinance, (4) & (5) 50% or more of the
ground floor frontage will consist of non-residential use. The applicant is providing
courtyards, plazas, and landscape setbacks. Mr. Weiner stated they are using height to
create open space and make this project inviting to the general public and carry out the
City's Master Plan as well as the comments from the Treasure Coast Regional Planning
Council: The conclusion of the Treasure Coast Regional Planning Council states that
"having reviewed these drawings the project as designed meets all of the objectives."
Michael J. Covelli, President of Covelli Design Associates, Inc., 2295
N.W. Corporate Boulevard, Suite #213, Boca Raton, stated the site plan on the left
was previously reviewed by the Planning and Zoning Board and the site plan on the right
displays the main changes of the alignment of N.E. 7th Avenue down on Atlantic Avenue.
Mr. Covelli stated they have also rearranged some of the buildings themselves in terms of
the way the configuration is. He made reference to an approval letter from FDOT
(Florida Department of Transportation) and pre-application meeting that approves the
intersection of 7th Avenue and Atlantic Avenue as well as the Federal Highway
intersections that FDOT would have jurisdiction on. Mr. Covelli stated Ordinance No.
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67-04 did some clarifications in terms of the area and further clarified the height
regulations. Mr. Covelli stated the intensity of over 48 feet has decreased by the redesign
of the site and noted that they maintained the grid pattern with this plan, it initiates some
traffic calming principles, and it keeps the actual conditional use in the center of the site.
Derrick Vander Ploeg, Vander Ploe~ and Associates, Inc. Architects
and Planners for the project, stated they have tried to make this a sustainable mixed use
destination and this is the connector to those areas to the east. He stated they have used
the excess height sparingly for only the residential units in order to maintain about a 50%
open space. Mr. Vander Ploeg stated the open space and the underground parking is the
key to being able to provide the pedestrianism because it is about trying to maintain the
character and scale of the downtown village atmosphere. He stated before they started
designing anything they took a whole series of pictures of the downtown and they went
through the historical pictures to try and find some of the existing architecture and the
icons of existing buildings that are part of the fabric of downtown to incorporate those.
Mr. Vander Ploeg displayed the architectural drawings and noted that by turning the
buildings perpendicular and creating plazas, the muse, or elongated via between the
buildings, they created the pedestrian connectivity at five different locations to the park.
He urged the Commission to move forward with this conditional use and stated this is a
key element to the overall design.
Mayor Ellis stated if anyone from the public would like to speak in favor
or in opposition of the conditional use request, to please come forward at this time.
David Hall, resident of Delray Beach, stated he has attended two
Charrettes and supports the project and feels this is a gift to' Delray Beach for the future
as a legacy, signature, gateway and connector for east Delray to the beach and west
Delray. Mr. Hall stated he supports the effort of all those involved and recognizes the
value of the Commission for overseeing the project in making sure that it is built and
comes to fruition in a timely fashion.
June Hefty, 1000 Lowry Street, Delray Beach, stated at the Planning
and Zoning Board meeting on October 20, 2008 the Commission Chambers was filled
with Delray Beach residents most of whom objected to the allowing of excess of 48 feet
for three of the six buildings within Atlantic Plaza II. She stated the Commission was
handed information on this project with letters of petitions, etc. Ms. Hefty expressed
concern over how people will be able to get into Veteran's Park and feels that the park is
so much a part of Delray Beach. She stated that 95% of those letters were against the
request and 90% of those who spoke were against the 60 foot height. She stated she
believes the Planning and Zoning Board approved 4 to 1 in favor of the height despite the
residents' disapproval. Ms. Hefty urged the Commission to reject this ludicrous proposal
with cutting out our streets and building sky high and get back to reality. She stated that
traffic is impossible across the Atlantic Avenue Bridge and there are already empty retail
stores. Ms. Hefty urged the Commission to preserve Delray Beach our All American
City.
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Chuck Jeroloman, Delray Beach Police Department and Certified
CPTED (Crime Prevention Through Environmental Design) Practitioner, stated he
has conducted 46 projects for the City and he has reviewed this project and it'is a very
well thought out project. Mr. Jeroloman explained that CPTED stands for Crime
Prevention Through Environmental Design and it is internationally accepted. He stated
CPTED looks at the plans and whether or not it is safe. Mr. Jeroloman stated with the
cafe dining being outside and when the windows are out onto Veteran's Park it will help
to stop crime because people will call the Police Department if they see something
suspicious. He stated all his security concerns were addressed. Mr. Jeroloman stated
some people he talked to on N.E. 7tn Avenue were concerned over the offset and noted
that it actually helps stop some of the traffic problems. He stated N.E. 7cn Avenue is used
as a bypass for people who do not live there to avoid Federal Highway and this will help
to offset that. Mr. Jeroloman stated the other area he had a concern with is on the old site
plan where there was one entrance going in and one exit going out and the problem with
that is people going across from Palm Square not knowing the area would drive straight
across into the exit only. However, Mr. Jeroloman stated this has now been addressed.
Dagmar Hevda, owner of Sonoma Cafe located on N.E. 7cn Avenue
and Atlantic Avenue, stated this is a wonderful project and she fully supports this
project. She stated this project will be a tremendous help to the community.
Ann Marie Brown, Principals of the Arts Arena (currently a tenant in
Atlantic Plaza), stated this is an artist co-op and nobody really comes into Atlantic Plaza
because of the way the plaza is currently set up it is really a challenge to get people to
come in. Ms. Brown stated this project would connect them to downtown Delray and
would be great for everybody.
Neil Bellinger, new resident to Delray Beach, stated this gives the City
of Delray Beach the opportunity to have a Mizner Park and City Place in the downtown.
Mr. Bellinger stated there is 57 feet there now and they are only asking for another three
feet. He stated this project is nicer and more applicable to get people to go to Veteran's
Park and do business in downtown Delray Beach.
Gary Goldfarb, owner of the southeast corner of 502-506 East
Atlantic Avenue, Delray Beach, stated this is a great project and feels this would add to
everything in the area.
Bob Victoria, representing the Beach Property Owners Association,
stated he came to Delray Beach in the early 70's and Atlantic Plaza at that time was a
very vital center with restaurants, office space, a gourmet wine and deli store, and retail
space. Mr. Victoria stated it is obvious that there has been a downturn so it appears that
the redevelopment of the area has indicated to gain lost real estate values. He stated the
developer has utilized the required open step back design guidelines including numerous
green areas and the BPOA is thankful that they are not pursuing the relocation of 7tn
Avenue because this would have caused dangerous traffic conditions at the intersection of
Atlantic Avenue and 7tn Avenue. Mr. Victoria stated the traffic calming that will be
incorporated in the development will benefit in a major way the Palm Trail community.
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12/09/08
However, the project impacts the residents east of the Intracoastal and the BPOA has
several concerns. Mr. Victorin stated the BPOA is not in favor of 5-story construction in
Delray Beach because they feel it is not consistent with the village atmosphere which is
slowly disappearing. He stated the Atlantic Plaza 60 foot conditional use appeal in three
elevations would change the Cityscape venue along the Intracoastal from the east vantage
and the bridge view plus obstructing Veteran's Park in a major way. He stated this area
is not typical of the core central business district and it is more relaxed and tall buildings
do not fit this neighborhood. Mr. Victorin stated development will bring congestion,
heavier traffic complicated by the Atlantic Avenue Bridge where traffic delays now are
not uncommon. Therefore, he stated maintaining the 48 foot height limit would help to
reduce a general condition of overcrowding. Mr. Victorin stated that the BPOA requests
that the application approval include requirements that the developer not intrude on
traffic lanes causing a loss of heavy traffic zones particularly Atlantic Avenue also
requiring pedestrians to cross the main thoroughfare in mid-block or walk in the traffic
lane itself. In addition, Mr. Victorin stated for several months or more Atlantic Avenue is
still closed and Venetian and Gleason have just recently been open to two-way traffic.
The BPOA feels that the developer should be required to cover sidewalks facing the
construction site with covered scaffolding to protect walkers underneath. Mr. Victorin
urged the City Commission to work together to minimize the concerns of the BPOA and
maintain the height of the project at 48 feet and create safety standards for pedestrian
traffic. He stated the BPOA noticed on the site plan that 7th Avenue to Federal Highway
will have a median constructed in the middle of Atlantic Avenue. Mr. Victorin inquired
if the four lanes now plus one turning lane going onto 6th Avenue would be reduced in
any manor or would the existing lanes that are now in place remain.
Kyle Kuberski, 345 N.E. 8th Avenue, Delray Beach (lives about 3
blocks north of the site), stated he has attended a couple of the design charrettes, the
Planning and Zoning Board Meeting, and the first City Commission Meeting regarding
this issue. He stated there were several comments and the developer and the design team
have been very responsive in addressing these comments and concerns and thanked them
for doing so. Mr. Kuberski stated fundamentally this is a very important area of Delray
Beach and something needs to happen at this site because it is mostly vacant property so
something needs to occur so that we can get redevelopment going and bring people to the
downtown area. He stated the proposed increased height is towards the center of the
project and allows for less density on the ground floor, and provides a lot of opportunities
for seating and pedestrian access on the ground floor. He stated height is similar in scale
to the Colony Hotel which is on the next block. Mr. Kuberski stated this is a good project
and supports it.
Joann Peart, 107 N.W. 9th Street, Delray Beach, stated Delray Beach ha
something that most of the other neighboring cities do not have and that is a real
downtown. Mrs. Peart made reference to a poster made by the Orchid Society Meeting
and noted that the poster stated "in historic downtown Delray". She stated from the
Atlantic Avenue Bridge to Swinton Avenue we have saved the historic downtown. Mrs.
Peart expressed concern over the increase in height because if we want to keep that
historic feeling from the bridge to Swinton Avenue this needs to fit into the scale. She
stated one of the City's most important historic districts is directly across the street and
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12/09/08
the City is getting ready to apply to get this on the National Register. Mrs. Peart stated
48 feet is very high and she does not see why the developer needs another 12 feet. She
stated the City's efforts. and preservation in the historic nature that we have saved is what
really attracts people to Delray Beach. Mrs. Peart urged the Commission to support
something that is compatible with what we have.
Alieda Riley, 65 Palm Square, Delray Beach (historic neighborhood
immediately south of Atlantic Avenue), expressed concern over the traffic that will be
generated from these 60 foot buildings. Mrs. Riley stated she attended all the Charrettes
and residents asked questions about the height of these buildings and what was going to
be there they said that their main purpose of being there was to discuss the park and there
was very little discussion about the buildings. She stated Mr. Weiner said that one of the
ordinances says that you should consider the neighborhoods around the project and noted
that she has heard very little about the neighborhoods around the project. Mrs. Riley
urged the Commission to consider that her neighborhood is historic.
Carolyn Patton, 1020 Tamarind Road, Delray Beach (also owns
property in the Marina Historic District), stated she appreciates the efforts of Mr.
DeSantis and his employees of really working with Delray Beach but she feels there are
some problems that need to be addressed. She stated as Mr. Weiner said you have to take
into account the detrimental affects on the neighboring neighborhoods. Ms. Patton stated
there are two areas where she feels a detrimental affect is being felt by these current
plans; one is Veteran's Park and she does not want to give the park away because it was
the first City park in Delray Beach. The other detrimental affect is on the Marina
Historic District. Ms. Patton suggested that the developer keep the height at 48 feet and
play up their vistas and their open spaces a little more then this would be a great project.
Chuck O'Mana, 1000 Lowry Street, Delray Beach (across from where
the project is proposed to be), stated he walks from the beach down Atlantic Avenue to
Swinton Avenue and sees more and more vacant property coming on the market every
day. Mr. O'Mana stated he talks to real estate agents who have informed him that
nothing is moving. He stated we are living in very difficult times right now with regard
to the economy. Mr. O'Mana stated he cannot understand at this point in time that these
people want to build this type of project and expressed concern that the property could
become blight. Mr. O'Mana stated he is against the project for many of the reasons that
have already been stated and commented that at the last meeting he attended 95% of the
people were against the project and today it does not come across that way because when
he walked down the Avenue where it said "Public Hearing" was crossed off. Mr.
O'Mana stated he heard about this City Commission Meeting at 5:00 p.m. today by
chance. He suggested that when the City holds the Elections on March 10, 2009 that
there be a Referendum on this project.
Arlen D. Dominek, 50 East Road, Delray Beach, stated he has the
privilege of living in a building referred to by former Council members as "the ugliest
building in town". He stated having been a resident of Winter Park he appreciates how a
nice downtown makes a difference. Mr. Dominek stated he too has been to Mizner Park
and City Place. He stated living in an ugly building and knowing what a nice community
-14-
12/09/08
can look like he expressed concern over any development that is done. Mr. Dominek
stated he agrees that this is an important part of the community and that it needs to be
done right. Mr. Dominek stated if this plaza is currently empty it may be for no other
reason than no one has been able to have along-term lease. He does not feel that this
should be used as an excuse for development of this property. Mr. Dominek stated
change is necessary and we do need more density; however, we do not need empty
spaces. He asked how the property is going to be used and what things will be provided
to the citizens of Delray Beach. Mr. Dominek feels that this needs to be done right and
stated we must adhere to the law and if the law says it is going to affect our neighbors, we
have not satisfied the law.
Tom Carney, Delray Beach resident, stated this is a very exciting
project that has needed development for a long time and commended the developer for
the magnificent way he has put this project together. Mr. Carney expressed concern over
the relocation of N.E. 7`" Avenue. Mr. Carney stated although he does not live in this
neighborhood, he works in this neighborhood, lives in Delray Beach, and uses Delray
streets. Mr. Carney stated he uses N.E. 7`" Avenue every day and the problem is not with
the north end of the property. He appreciates the theatrical point that it may change the
traffic pattern to some extent. Mr. Carney stated making two turns is not necessarily an
improvement. He would have welcomed this had the developer done the same curving
that they did on the south side to the north side to connect to that road. He stated
reference was made to Mizner Park and the problem with that project is the same
problem here. Mr. Carney stated while looking at the design of the road it is part of the
overall project and the reality is that he does not feel people will be turning in there
because they are going to think it is part of the project and not 7`" Avenue. He stated the
height of the buildings is based on where the road is located and if the Commission
approves the conditional use as is then the road is there and does not think you can do one
without the other. Mr. Carney urged the Commission to look at where the road is going
to be positioned and asked that it come out on 7`" Avenue. Mr. Carney stated before the
determination is made that the road is overburdened that a study be made to see whether
or not it is overburdened. Mr. Carney stated he is in favor of the project and would like
to see N.E. 7`" Avenue be a continuous road.
Yan Hansen, Land Street, Delray Beach (east of the Intracoastal),
stated he is a Certified Planner by training and has approximately 25-30 years experience.
Mr. Hansen stated he supports this project and feels it is important to remember that
when he first came to Delray Beach in 1983, Delray was no-where's-vine. He stated they
carried out a long consensus driven effort through Charrettes, plan changes, and program
expenditures to create the City that Delray Beach has become today. Mr. Hansen stated
this block has been a missing gap for a long time for two reasons: (1) because you have
to cross 5`" and 6`" Avenues which are there only because there was no interstate when
they made the one-way pairs years ago; (2) to cross from the Colony Hotel eastward you
lose that pedestrian scale and context that we have all the- way west to the railroad track
and even beyond the railroad track. Mr. Hansen stated trying to extend Atlantic Avenue
east to the Intracoastal and to make the further connection across to the retail on the east
side of the Intracoastal is a critical missing piece. He stated not only does it extend
east/west but also extends north/south. Mr. Hansen stated this will help in making sure
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12/09/08
that the downtown is redeveloped in concert with the vision, the program, the plan, and
the zoning that has been carried out since those visions were adopted years ago. He
stated this can be a destination for the residents of this town and it can also help the
merchants along Atlantic Avenue.
Alice Finst, 707 Place Tavant, Delray Beach, stated there is an alley off
Federal Highway that seems to have disappeared with this project. She stated she does
not think we need to give away our alleyway system to a developer. She stated we paid
for those alleys and were able to use them as alternatives. Mrs. Finst stated the developer
made reference to respecting to the Delray Beach heritage but when you cut off the
entrance to Veteran's Park she does not feel that this is respecting our heritage. Mrs.
Finst expressed concern over this increase height from 48 feet to 60 feet for extra housing
because she saw what happened to the Delray Marina property where 48 feet became 63
feet. She stated these buildings on Atlantic Avenue will be right up to the sidewalk and
urged the Commission to look at the entrance to Veteran's Park and noted just the
dynamics of driving to get there is very significant. Mrs. Finst asked if we are giving this
away.
Michael Singer, Delray Beach resident, stated obviously something
needs to be done at this site but feels what is it that we are doing at this site is really more
the question than we have to do something.
Jane Fields, lives on 319 S.E. 7th Avenue, Delray Beach, stated this is a
great project and wholeheartedly supports it.
Jose Herrera, 14897 Whatley Road, Delray Beach, stated he really likes
this project and commented that it extends the downtown.
Susan Oktay, 1000 Lowry Street, Delray Beach, stated she has written
the Commission personal emails and headed a couple of petitions on this project in
general and specifically on the conditional use as well as the abandonment of the several
roads. Ms. Oktay asked when the traffic increases to the point where people need to get
in and out of the city quicker is the plan to take a bridge across N.E. 1 S` onto Lowry Street
in front of their building.
Marv Walton, Bond Way, Delray Beach, stated she agrees that the time
has come for something here and she supports small businesses, small restaurants, and
small co-ops, etc. However, she feels this is an opportunity for Delray Beach to
something extraordinary not just ordinary. Ms. Walton stated in her opinion this project
is ordinary and reminds her of what is being built at Woolbright Road and Federal
Highway (i.e. massive facades). She stated she wishes this could be visionary and more
compatible with the village-by-the-sea. Ms. Walton stated Delray Beach needs to keep
the vision of being unique and asked why this cannot be done within the limits and why
does there always have to be a conditional use put on it.
-16-
12/09/08
Steve Miskew, 819 N.E. 1st Court, Delray Beach (one street north of
the project), stated the office building there is 57 feet so we are talking about an
additional 3 feet on 3 of the 6 buildings. Mr. Miskew stated the buildings are nicely
designed and positioned in the middle of the project. He stated giving the opportunity to
promote more open spaces and less density on the ground floor in exchange for 12
additional feet on three of the six buildings is a good move.
Tom Honker, 615 Wiggin Road, Delray Beach (lived in Delray Beach
for 43 years), stated he has seen ups and downs, boom and bust, and saw the 1973/1974
stock market collapse and stated we are in a similar time now. Mr. Honker stated we are
in the greatest real estate collapse since the great depression and we do not know when it
is going to end. He stated he drives around Delray Beach and he sees places that look
like war zones that were once viable shopping centers. He stated we have devastation on
Wall Street and have yet to see what the possible devastation will be in real estate. He
stated he finds it appalling that people are actually still building projects and the projects
that have failed. Mr. Honker stated these are dangerous times to be making big decisions
and many people have lost a lot of money both in real estate and in the stock market.
There being no one else from the public who wished to address the
Commission regarding the conditional use request, the public hearing was closed.
There was no cross-examination.
There was no rebuttal made by the Planning and Zoning Director.
The following individual gave a brief rebuttal:
Mr. Weiner stated there is no cut-off to Veteran's Park and noted that it is
still on 1st Street and they will be able to go directly out onto Atlantic Avenue. He stated
they are actually reducing the cuts in and around the area by eight, they are eliminating
the gas station, they meet concurrency. Mr. Weiner stated the new traffic pattern is
actually superior and noted even the Police have said that it is going to be superior in
terms of the traffic problems. He stated height does not necessarily induce intensity and
in fact height relieves intensity because it puts all the mass at the center. Mr. Weiner
stated the average height of all the buildings overall is about 45 feet when you actually
look at the project. He stated there is stability that is brought to the neighborhoods as a
result of this project and it eliminates inconsistent uses. Mr. Weiner stated the five-story
buildings are over 200 feet from the Marina neighborhood and along the eastern portion
of the park only 40% has five-story buildings; 60% of the park view is actually two-story
buildings, three-story buildings, or open space. He stated Mizner Park is four times the
size of this particular project and it is big for Delray but not for other cities. Mr. Weiner
stated this keeps the grid and the traffic is coming from Palm Trail and it keeps the
Marina neighborhood from being a shortcut speedway and it has a reliever road that is a
commercial road and it is approved by the FDOT (Florida Department of Transportation).
He stated they backed up the buildings as far as they are allowed to according to City
ordinances and noted that there is almost 20 feet when taking a look at the sidewalks,
parking, and the landscaping along the streets. Mr. Weiner stated they are concerned
-17-
12/09/08
about green and that will be a subject later and is something that is not discussed with a
conditional use. He stated they comply with workforce housing and noted that they were
not generic, not massive, and they were not repetitive. Mr. Weiner stated they are 3-5
years out for this project and it will take that long for them to get to the stage of building
permits. Mr. Weiner stated this project meets every single requirement of conditional
use, the ordinances, the Comprehensive Plan and under those circumstances substantial
competent evidence has been produced. Mr. Weiner urged the Commission to go onto
the next phase (i.e. site plans, etc.) and approve the conditional use as the Commission
has done with other projects.
Mr. Bernard made reference to page 11 of the staff report and asked if Mr.
Weiner has met the required findings relating to increase in height (LDR Section
4.3.4(J)(4)(b) in regards to his project being 150 feet from any zoning district. In
response, Mr. Weiner stated they have met this requirement. Mr. Bernard asked how Mr.
Weiner plans to address the workforce housing requirement. In response, Mr. Weiner
stated they plan to meet the ordinances applied to them. He stated the ordinance has
changed somewhat so that you now have three options and they have not chosen the
option because they still have the site plan process to go through. However, Mr. Weiner
stated they will choose one of the three methods and meet the workforce housing
ordinance to the exact letter of the law. Mr. Weiner explained that the City's ordinance
does not require them to elect an option it just requires them to do it. Mr. Bernard made
reference to page 12 of the staff report subsections 4.3.4(J)(4)(b)(iii)(1) "That for each
foot in height above 48 feet, an additional building setback of two feet is provided from
the building setback..."Mr. Weiner stated he thinks there is a choice of two out of three
and they chose item (ii) and item (iii) and they have met both. Mr. Bernard stated he sees
where they have met item 4.3.4(J) iii (2) but he expressed concern over item 4.3.4(J)
iii(3) not being met. 1VIr. Bernard made reference to subsection 4.3.4(J)(4)(b)(iii)(3)
"That open areas, such as courtyards, plazas, and landscaped setbacks, be provided in
order to add interest and provide relief from the building mass."
Mr. Weiner stated with respect to the site plan, there are open vias that do
have rooftops which are open walkway areas surrounding each of the buildings; the open
space to the sky is over 50% (half of the project). In addition, Mr. Weiner stated they
have vias and walkways which are covered to give a great pedestrian atmosphere.
Derek Vander Ploeg, Vander Ploe~ and Associates, Inc. Architects
and Planners for the project, stated at the entrance at Atlantic Avenue and US1
northbound there is a substitute area that is a plaza. He stated this three-story building is
setback to allow for a window for the anchor store thus creating a fairly sizeable public
plaza, fountains and the like. Also, for public art and transitory public spaces and the
same is as the rather large volume that is between building #4 that extends through this
building through the outside. Mr. Vander Ploeg stated the muse that runs down between
the buildings or elongated via provides an opportunity as well as access to the park. He
stated they have tried to step off the corners to allow for a variety of different public
features and the other thing that they have taken into consideration is that the art guild has
approximately 24 or 26 different events every year that are currently confined to the grass
area for Veteran's Park and they will have the ability to come down the vias and the
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12/09/08
streetscapes.
Mr. Weiner stated for clarification subsection 4.3.4(J)(4)(b)(ii)(1) reads
"Workforce housing units, equal to twenty percent (20%) of the residential units on the
top floor, shall be provided within the development on-site, off-site, or through monetary
contributions." However, Mr. Weiner stated if it is a requirement tonight in order for the
Commission to feel comfortable that they have met each criteria then they choose the
monetary contributions which are $160,000.00 each.
Mr. Bernard inquired about LDR Section 2.4.5(E)(5)(A) which states "that
it will not have a significantly detrimental effect upon the stability of the neighborhood in
which it will be located." He asked if this project will affect Veteran's Park. In response,
Mr. Weiner stated it will only have a positive affect on Veteran's Park. He stated the
Police Department has indicated that the redevelopment of this particular plan will
actually address crime which has been a difficulty with respect to Veteran's Park. Mr.
Weiner stated they are not building in Veteran's Park and noted that they are getting a
superior way of ingress and egress to Veteran's Park. Mr. Weiner stated they are
maintaining and not touching anything that has to do with the entry on 1 S`. He stated they
are not having a detrimental effect upon the stability of the neighborhood.
Mr. Bernard inquired about LDR Section 2.4.5(E)(5)(B) which states "Nor
that it will hinder development or redevelopment of nearby properties." He stated with
the current state of the economy and since condominiums are having a hard time being
sold right now, Mr. Bernard asked if these 178 units cannot be sold will these become
rental units. Mr. Weiner stated the City of Delray Beach does not discriminate and
renters are as good a class of people as homeowners. He stated this is not distinguished
in the law because renters keep up their properties., just as well as homeowners. Mr.
Weiner stated the most likely scenario is the Commission will not even see the first
clearing for approximately three years and it could be five years. Mr. Weiner stated they
do not know what kind of economic fortunes they will be facing in the next 3-5 years.
He stated if the Commission does not grant height that does mean that the quality of the
types of residential units they will be able to sell actually decreases. He stated this is
giving them the opportunity to take an "A" Class site and build "A" quality units for
those people who have no other place to duplicate this particular location.
Mr. Eliopoulos stated on October 17, 2005 the first project for Atlantic
Plaza came before the City Commission. He stated it was half the size and the entire
western block was not occupied. Mr. Eliopoulos stated he believes they came into
Planning and Zoning with a higher number and commented about 47 units per acre. He
stated they are talking about a much larger site and you got somebody coming in with
197 units and that is a big difference. Mr. Eliopoulos stated we have to look towards the
future and noted that Atlantic Avenue is Delray's jewel and is the pedestrian flow. He
stated one of the biggest problems on Atlantic Avenue is the gap and when you get across
Federal Highway northbound and southbound this plaza is dead and people are not
crossing over the bridge.
-19-
12/09/08
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`.~uautanorduzt ~o ~oI n spaau ~Iznd s~un.za~an pa~n~s aH •~I.red atl~ o;uo ~Ilnm o~ anuan~
at~unl~d uo sunu~sapad aq~ .zoo ~unaut st pun apis ~Ianq atl~ uto.z~ ~utuzoa aq o~ ~unauz ~Ilna.t
st ~Ired n pa~n~s solnodotlg •ry~I •sansst asatl~ passarppn pun ~t pa~nor-at ~Ilnn~an gong ~Catl~
pa~n~s aH •s~aar~s atl~ u~tln you pip ~i asnnaaq ~uiuoZ pun ~uiuunld tl~norq~ Guam ~i uatlm
~aafotd sttl~ ~toddns you pip atl pa~n~s aH •at~~nz~ atl~ si anuan~ at~unl~~ uo sansst ~sa8~tq
atl~ ~o auo pun ~I.tnd atl~ a~nlnatta am op moll trim ansst ~tq n pntl atl pa~n~s solnodotlg
•.zy~I •tl~no~tl~ ~Cnm atl~ Iin ~Iznd atl~ o~ui aas uea nod sn~sTn asatl~ 3o auros ~n ~ui~Iool
uatlm pun ~aaford sitl~ trim sn~stn atl~ ~nogn pa~uatuuzoa aH •~Irnd atl~ ~uip~n~a~ sa~~aztntl~
platl ~Catl~ pa~n~s solnodoilg •ry~I •papuodsa.t radolanap atl~ autr~ ~.zana pun sansst
~noge sautt~ sno.zautnu radolanap atl~ trim taut atI pa~n~s aH •aanld aq~ .tano IIn aas nod
~ntl~ ~aafo.zd ~Cnp ~C.tana un you st sttl~ pun ~Cro~s ssaaans n st tlanag ~CntlaQ pa~n~s solnodotlg
•rY~t 'Iin utaq~ pna.t snq atl papuodsa.z you snq atI tl~notl~In pa~ou pun sltntua snotautnu
paniaaar atI pa~n~s al..l •ssaaans s~~CnzlaQ .zo3 ditls.tau~tnd atl~ ~o ~znd am sassautsnq atl~ pun
dttlszau~tnd n st sitl~ pa~n~s solnodotlg •.zy~I •anuan~ ai~unl~~ uo tl~o3 pun ~Ianq ~uio~ daa~I
o~ suntr~sapad atl~ aato~utat o~ si unld .ta~sny~I atl~ pa~n~s aH •auop aq o~ spaau ~uitl~auros
~ntl~ ~u1~Cns azn apis ~sna atl~ uo sassautsnq atl~ pa~n~s solnodotlg •ry~I
Mr. Fetzer stated he thinks these are some of the compromises that we have to make to
have a well, designed project and supports the conditional use.
Mr. McDuffie stated there was a comment regarding the abandonment of
several roads and asked staff to address this. He stated the abandonment of 7th Avenue
does not eliminate 7th. Mr. Dorling stated this will be rededicated back for ingress and
e~ress and staff has emphasized that this needs to function as a street. Mr. Dorling stated
7t Avenue is an abandonment that will be dedicated as a public easement for ingress and
egress. Mr. McDuffie stated the City has been looking for quite sometime to be able to
connect the areas of Atlantic Avenue (west and east). He stated the inventory of Class
"A" office space in Delray Beach is zero and it causes us problems being able to attract
people in that are looking for office space such as this. Mr. McDuffie stated the City
needs something other than a restaurant to put Atlantic Avenue together and make it the
vibrant place and also give it the longevity that we want it to have as well. He stated we
need Class "A" office space and spaces that will entice anchor tenants into this such as a
Borders bookstore. He stated this gives Delray Beach the opportunity to bring in those
anchor tenants and helps us connect Atlantic Avenue to the residents across and the
businesses on the east side of Atlantic Avenue who have been for quite a number of years
begging the City to do something to make that area join to attract the pedestrians that
walk as far as just west of this facility and stop to attract them over to the east side to the
businesses that exist over there. Mr. McDuffie stated while he understands there are
people who are thrilled with this project and people who are not, he feels this meets what
we are looking for in the Master Plan and thinks it meets what we are looking for to
establish continuity of Atlantic Avenue and therefore he supports this project.
Mayor Ellis stated for the last 1 %2 years as the City has been developing
this proposal the developer has been very responsive to concerns and criticism that we
have had and has reacted on those as well as to seek out public opinion and to listen to
what groups and individuals had to say about the project. She stated it has evolved over
the past 1 '/2 years as those comments have come forward and in conjunction with the
other Commissioners she too will support this project tonight.
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. Bernard moved to adopt the Board Order as presented (approving the
conditional use subject to the eight conditions set forth in Exhibit "A"), seconded by Mr.
Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr.
Fetzer -Yes; Mr. McDuffie -Yes; Mr. Bernard -Yes; Mayor Ellis -Yes. Said motion
passed with a 5 to 0 vote.
- At this point, the time being 8:39 p.m. the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
-21-
12/09/08
80/60/Z I
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between the City, the CRA, and the residents. The cost per resident is an issue and most
residents wanted to know what the number was going to be. Mr. Krejcarek stated when
staff last met with them as a neighborhood the City was not sure which way they were
going to do the assessment so staff gave it to them in a per parcel and per square footage
assessment. He stated typically for previous assessments the City has calculated it on a
square footage basis. Staff told the residents that the cost per square foot was going to be
somewhere around .19 per square foot and if it was going to be done on a per parcel basis
it was going to be around $2,000.00 per parcel. Mr. Krejcarek stated staff decided to go
with the square footage assessment because the lots are varied in size. He stated using
the square foot basis the City has approximately 65% of the parcels assessed at $2,000.00
or less. He stated there are some assessments that are double the $2,000.00 because the
parcel is equal to two typical lots within the neighborhood.
Mr. McDuffie stated a resident previously came before the Commission
expressing concern over whether it was absolutely necessary to pave the alleys and that it
was not necessarily at the desire of all the residents to pave the alleys. Mr. Krejcarek
stated that comment did come up in meetings with the neighborhood and staff sent out a
survey and the City received a little over 30% response rate on that survey and those
responding did want the alleys paved. Mr. Krejcarek stated this is why staff is moving.
forward in that direction.
Mr. Eliopoulos inquired about the timeframe of the project. In response,
Mr. Krejcarek stated if staff moves forward with the project as it is being presented
tonight, the plan is to construct it in two phases over two fiscal years. He stated staff
would advertise early next year and then do the first phase in this current fiscal year and
budget for the second phase next fiscal year. Mr. Krejcarek stated that project could be
started in early 2010 and if the project was completed on time in 2010 the earliest that the
assessment would hit the tax rolls and the residents would see the assessment would be in
the fall of 2010 but more likely it may be the following year 2011. He stated the City
cannot send out the actual assessment bill until the project is 100 percent (100%)
complete.
Mr. Shutt stated with regard to the preliminary assessment roll after this
project is complete this will come back to the Commission for the adoption of the final
assessment roll and at that point in time staff will look at the cost. If the costs exceed
what the costs are as far as whether the City Commission adopts a number tonight, then
anything above that the homeowners would not be charged. Mr. Shutt stated therefore
the homeowners are capped at that amount. He stated if the costs come in smaller or
lower than what the estimates are, then the property owners would receive the benefits of
that. Mr. Shutt stated there is also something in the resolution that although there is a
lump sum cost residents can pay in ten (10) annual installments at an interest rate of 8%.
Mr. McDuffie asked if staff considered photometrics in this. He stated he
has had discussions over the last year or so with residents from the Osceola Park
neighborhood who expressed concern over crime issues and Mr. McDuffie would like to
ensure that street lights are a part of the assessment.
- 23 -
12/09/08
SO/60/Z I
-bZ-
•ea~e asnou .t~attt ut ~uixred anett tou op ~lleat otim poott.zocitt~iau
sett ui aldoad ~Cueuz op se aaeds ~ut~lred teat paau ~Cattt patets aH •~Ized of aaeld ou
sett tueuat sitt uattt asnou sttt uzoz~ ~Ceme ~utxred alums aut ~Ceme sa}let ~Cit~ aut 3i patets
ddox 'zy~ 'alums aut uo pa~lzed s~Cemle anett ~attt pue ~laecl aut ut itun letua.z ~ sett att pue
taatis aut sptemot ino sauzoa asnou aut pine auzott 9Z6I ~ sett att patets att `osl~ •passasse
act tou plnoa pue ~Ctiligisuodsa.t s~,Cti~ aut sem s~llemapis aut pue ~utned ~Cem~Calle aut
itt~nottt s~Cemle att patets gaaag ~aiaQ anaan~ P,£ '~'S LiZ o2I uax
•isa~ aut tou pue weld s.tttt ~o autos
asn ~Cluo pue `nano t~is `weld azttua aut to Tool e amt of ~ti~ aut palm xouuaZ •.ty~l •ino
tuas s~Canrns attt3o %L£ .zoo at~tt aq of ino auzoa tou pip ttattim ateuttisa 00'000`Z$ aut lent
tae3 aut uo suoistaap rtattt ~ut~leut a~am aldoad patets xouua7 •ty~ •a~etoo~ a.zenbs ~Ces tou
saop pue it uo «laated„ spear ~anrns aut teat patou pue isoa letot uznutixeut ateutixo~dde
~uturaauoa uottetztro~ui atemaaeut uo paseq sem 3lasit ~fanrns aut paters aH •.zauueut
anttaa~~a a~tout ~ ut patpnis aq of spaau sansst alums ~llemapis aut (£) `paned aq of paau
tou op s~Cem~Calle aut (Z) `tt~ttt st isoa aut (I) :suosea.z letanas ~o~ weld aut anotddestp
~Cattt teat patou pine s~auottitad ~Cq paints uotittad aut p~oaat aut otut peat xouuaZ •.ty~l
•ino tuas sem teat ~Canrns aut 3o sasuodsa.t 00 i aut ~o~ do a~leut ~Clisea plnoa teat sai~tadotd
xts .zo ang umo otim aatuasge ate teat s~aumoatuott anett osle ~attt paters xouua7
•.ty~l •stualgotd aut aas pue pootttogtt~iau aut ui anil otim s.taumoatuott tuapisa~ ~Cq InQ
s.taumoauzott ~iluo tou ~Cq paints aie sansst att,I, •u~is pootttogtt~tau aut ui aldoad pert sett
art teat uottttad a~.tel e ~q pauoituauz a.ze sansst aattlt paters xouuaZ •.tt~i •a~att ansst due
~utute~tad ~Clsnouas ua~let Tana ~i ~Cla.te.t a.tam flat art ansst Cue isouzle of ~ututetzad apeur
~Cattt teat stuautuzoa Cue paters xouua~ •~y~ •tuauzuo.tinua aut uo taeduzt ssal alttTl a si
a.zattt os ~l~om aq~Ceut .zo s~Calle aut ~Cq sasuadxa aut aanpa.z of s~Cem put3 of pain sett art pine
.teak iSel aut ~o pouad aut .nano ~ti~ aut tttim pa~ltom otim pootttociq~iau aut ~o szaquzauz
ma3 aut ~o auo st art pates aH •tuauzdolanapa.z antteui~euztun pue `letot `antsuadxa
isuie~e si art inQ tuauxanotdutt ~ttuntzttuoa isute~e tou st art paters xouuaZ •.ty~ •ansst stttt
inoge patnqutsip art teat uolteuuo~ut aut peat of alge sem uotsstututo~ aut sadott art paters
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•.zy~ •~epot ~u~taaut stgt ~o aaitou pantaaa~ IsnC pue tautsip leiazatuuzoa a ut st art paters
sxaeat aRt 3o Isan~ anaan~ ~„Z pan ~aa.~~S P„Z '~'S 30 .~aa.~oa aqt ao sand sau.~ag
agog aaa~n3 paa aagtoui siq 3o atn~sa aq~ s~aasa.~ as seiuag atpnQ
•uado ~utieatt atlgnd aut pa.telaap siilg .zo~Cey~l
•tou .to taafozd situ tttim p.zem.to~ anout
of saptaap uoisstuztuo~ attt tou .zo .tagtatim ate.redas auop act uea teat paters ~la.zeafa.r}I
•.zy~ •pootttogtt~iau aut ui sitt~il taatis ou ate a~attt 3i sitt~tl taa.zis mau lletsut .to st~il
taazis attt ape.t~dn pue ut o~ 'Id3 anett Iiim ~ti~ aul li isanba.t ~Cattt ~t pue pootttogtt~tau
Cue otut o~ llim 33ets seatatim ute.t~o.zd ate.zedas a sett ~ti~ aut `.tanamott `.tuatussassd
IelaadS ~l~ed eloaasp attt~o fired a tou are sitt~tl taa.tis paters ~la~eafarx 'TL~I
James Quillian, 925 S.E. 2"d Avenue, Delray Beach, stated he too was
part of a group that worked with the City and there have been improvements with some
of the things that have been done. He stated everyone was given a chance to vote and the
people who responded wanted these improvements although they may not want every one
of them but they know that they are all together. Mr. Quillian stated all improvements
are added together and residents either get them all or none at all for a long time. He
stated in some cases the costs have scared people but he does not think that people are
adding the benefit that we could get from all this in the long run. Mr. Quillian stated he
feels the assessment will help the neighborhood and fully supports it. He stated there are
some people from the neighborhood that are against it or in favor of the assessment that
are 'not present tonight because they had to work or were not at home to receive the
notices about the meeting.
Don Thorp, 901 S.E. 4th Avenue, Delray Beach, stated he purchased his
house 28 years ago and one of the selling points of his house was parking in the front (9th
Street used to be his driveway). He stated the City wants to eliminate his driveway and
stated they will work with him. Mr. Thorp requested a notarized piece of paper stating ,
that the City will not take his parking from him. He stated there were comments made
about the costs being split three ways but stated it is the citizens who are paying the
whole tab and stated the residents are the ones paying the taxes. Mr. Thorp questioned
whether this is legal to charge the residents this extra amount of money. He stated some
people cannot afford this especially with today's economy.
Steven Ferguson, 823 S.E. 4th Avenue, Delray Beach, stated he has lived
in his home for 42 years and does not have sidewalks and the alley has never been paved
but it helps keep the cars from running up and down the alleys at 50 mph and keeps the
police officers from having to try to chase the cars that are going up and down the alleys
because this is a rock alleyway. Mr. Ferguson stated when some of the residents met
with City staff the only thing that they asked for was speed bumps and to slow down
traffic so that they could back out of their driveways without crashing.
lZhodell Nairn, 19 S.E. 3rd Avenue, Delray Beach, stated she is a single
mother of triplets and to be assessed $2,000.00 is very difficult for her at this time. She
stated she is living paycheck to paycheck. Ms. Nairn stated she works hard at cutting her
yard and keeping the alleyway clean and if all the residents can do likewise then they can
keep the alley green and it will look beautiful. She stated if people are barely making
ends meet at this time it would very hard to make that payment.
Laurie Nesbitt, 812 S.E. 3rd Avenue, Delray Beach, stated she is in
favor of fiscally responsible environmentally substantial improvements in ,the
community; however, she is not in favor of this special assessment nor does she support
the redevelopment plan as it stands because it is not fiscally responsible or
environmentally sustainable. Ms. Nesbitt stated this is a working class neighborhood and
this assessment is unnecessary and an unfair burden on people who are already paying
high property taxes and wind insurance and noted we are in a recession.
-25-
12/09/08
80/60/Z i
-9Z-
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aul uo ~~o s~utui pa~laaua aldoad pa~e~s ~~tgsaN •sy~l •uoi~euuo~uistuz ~o Iln3 sem ~sazaiut
~uapisaz au1 auiuua~ap o~ pasn sem leu~ ~Canzns auk pa~e~s auS •~uauzuozinua auk ~Tnu
you op pine `~aeduzt mol `~l~soa ssal uanuz ate ~eu~ sduznq paads ~utlle~sut se cans ~utuzlea
ag~ez~ s~zoddns aus pa~e~s ~~igsaN •sy~l •uaeozdde ~o puix pa~ep~no ue si pue ~uauzuozinua
auk o~ le~uauzu~ap `anisuadxa si leul ~uauzaned algeauuaduzt st siu~ pa~e~s auS •algeute~sns
~tie~uauzuozinua st ~Ized eloaasp o~ ~uauzaa 3o saltuc z~Z ~uippe mou aas you saop aus
paieis ~~igsal\I •sy~ •isaza~ui %g u~im ueol zea~C ua~ mau puezq e ~a~ ~Cau~ sueauz ~eu~ wins
duznl auk ~Ced ~ouuea siuapisaz auk 3t pue ~qap ~o ono ~Ce~s o~ pzeu ~zan sau~ aus pa~e~s auS
Victoria Boman~o, 318 S.E. 5th Street, Delray Beach, stated she took
the time to fill out her survey and commented that she is opposed to paving the alleys.
Lisa Quillian, 925 S.E. 2"d Avenue, Delray Beach, asked for a show of
hands for those people who did fill out their survey. Mrs. Quillian stated she supports the
improvements.
Jan Proctor, 408 S.E. 2"d Street, Delray Beach (rental property), stated
when this started in 2003 their property was actually zoned RM-5 (Medium Density
Residential) and the City wanted to make them a single family which is most of what
Osceola Park is and she is assuming that is what happened. Mrs. Proctor stated she feels
this is too costly for the people of Delray Beach and concurs with previous comments
about people speeding down the alleyways if they are paved. She stated she maintains
her alleyway but right now because it is not homesteaded she pays over $11,000.00
property tax fora 1947 home that is less than 900 square feet and for the empty lot next
door. Mrs. Proctor stated this is absurd and is putting too much of a burden on a lot of
hard working people right now. She thought people wanted street lights and speed
bumps. Mrs. Proctor stated she does not support the assessment. Mrs. Proctor stated she
called and requested a survey and never received one. She left her name with City staff
and asked to be placed on a task force but never received anything. She stated she does
not feel that th'e survey that was sent out really gave a 'full accounting for all of the
residents in this area.
Elizabeth Graf, 733 S.E. 3rd Avenue, Delray Beach, stated she is against
this assessment and paving the alleys is totally unnecessary.
Martin Kruppenbacher, 504 S.E. 4t" Avenue, Delray Beach, stated he
supports minimal sidewalks for the safety of pedestrians on one side of the street only.
Mr. Kruppenbacher stated he is adamantly against paving the alleys and the only people
that will use the alleys are the thieves. He stated thieves are breaking in through the front
doors and if the alleys are paved the thieves will break in the backdoor as well. Mr.
Kruppenbacher stated charging 8% interest rate in this economy is criminal.
Enides Joseph Louis, 802 S.E. 2"d Avenue, Delray Beach, stated if the
City moves his pavers he will not have enough space to park his car and would like to see
the alleyway left as is. Mr. Louis stated he has not worked for 12 months but he still has
to pay his taxes and commented that everything has increased (i.e. water and garbage).
There being no one else from the public who wished to address the
Commission, the public hearing was closed.
Mr. Fetzer inquired about comments expressed over the survey not being
accurate. In response, Lula Butler, Director of Community Improvement, stated the
survey was developed in partnership with the Committee that staff worked with under the
Strategic Task Team (STT) process because when the Committee came to the City
Manager with their concerns about Osceola Park they had a diversity of issues they were
-27-
12/09/08
80/60/Z i
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auk pasn ~Cau~ pa~n~s zal~ng •s.~y~l •pun~s.~apun o~ aldoad ao3 algissod sn alduxis sn
uzau~ pa~unm pun suoi~sanb auk pamatnaz aa~~iunuo~ auZ •s~uauianorduzi ~uiuzlna a~~n.z~
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n op o~ pa~sa~~ns aa~~iuzuzo~ auk ~ut~aaut ~n~l~ ~a~~n pine weld a~I~ ~nogn sansst auk ssa.zppn
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anouz o~ algn uaaq you pnu 33~~s ~~i~ `.zanamou `•~OOZ uT pa~dopn ~Cla~nuzi~In snm It pun
weld ~n~I~ dolanap o~ s~na~C ~o aldnoa ~ ~uauz~ndaQ ~uiuoZ pun ~uiuunld a~I~ ~Ioo~ ~I pa~n~s
.zal~ng •s.~y~ •unld ~uauzdolanapa.~ auk .zo3 a.zoddns auk ~nocln uoistnip ~ snm a.zau~ asnnaaq
weld ~uauzdolanapaa .~tau~ ~o anssi a~I~ anlosa.~ o~ ~uvCz~ osln pun asau~ 3o autos ssa.~ppn o~
~uvC.z~ ut ana~C ~ .nano .zoo ~ut~l.zom uzna~ 3~n~s ~ tau;a~o~ end ~~i~ auZ •a~tl ~o ~C~il~nb ztau~
~ui~aa~~n a.~am ~nu~ saaunsmu ~o spui~I zau~o pun sasnou Lagos `auzuo `~uauzao.~o~ua apoa
uo paza~uaa aaam sansst aso~l~ lia~n~s .zal~ng •szy~l •o~ suot~nlosa.z pa~uem pun ~n ~ut~lool
The City Manager stated there has been discussion about the assessment
method. He stated there are three different ways this can be done: (1) per parcel basis,
(2) per square foot basis, or (3) the linear front foot basis (most typical basis). The City
Manager stated when the City did the Seacrest Del-Ida neighborhood staff felt the linear
front foot basis was not the fairest way to do it because people with larger parcels could
divide them up at a later date and receive a greater enhancement to their property. The
City Manager stated the City felt the square foot basis was the fairest way to do it
considering the enhancement to the value. The City Manager stated any one of these
methods can be used and staff would just have to re-calculate the roll if the Commission
would like to use a different method.
Mr. Eliopoulos stated he believes that Seacrest Del-Ida was one of the first
assessments done in Delray and noted that everyone supported it. However, he stated
that was a different time and commented that surveys are tough. Mr. Eliopoulos believes
in these neighborhood plans and commended this group that did all of this hard work. He
stated we are in strange economic times right now and cannot see when we will come out
of this. Mr. Eliopoulos stated he is hoping that possibly in three years things will get
better. He stated he is a firm believer in alleys and feels it is the best thing if it is done
right and he is also a big fan of sidewalks. Mr. Eliopoulos expressed concern over the
economic status that we are in right now and stated he cannot support this special
assessment at this time.
The City Manager stated staff has been struggling with this for
approximately 6-7 years and suggested that this be brought to some kind of conclusion.
Mr. Eliopoulos stated he does believe this assessment would help improve the values of
properties and although he concurs with the City Manager he is not ready to start adding
more taxes onto people that cannot afford it right now.
Mayor Ellis stated there is some commercial property in this area. Mr.
Eliopoulos stated the commercial property should have been included in the survey if in
theory they are being taxed on it. Mr. Krejcarek stated the City is planning to add
parallel parking along the first block south along S.E. 2°a Street. Mr. Krejcarek stated the
survey did not go out to persons on the opposite side of the tracks. Mr. Krejcarek stated
the traffic calming that was planned along Federal Highway was designed to discourage
cut-through traffic in an east/west direction and the same thing with the traffic calming
along S.W. lOt" Street and S.E. 2°d Street. He stated what staff is planning to do along
the streets that tie into Federal Highway is to neck down the street right by the alley. Mr.
Krejcarek stated at the other intersections staff is going to narrow the street so that as you
go into the neighborhoods from S.W. 10~h Street going north that you do not have such a
big intersection and you have to slow down to get into the neighborhood and it also
makes it appear to be more of a neighborhood instead of just a through street.
Mayor Ellis stated that the response on the survey was a pretty good
response but it does not really tell you what the majority of the people want.
-29-
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At this point, it was the consensus of the Commission to re-price services
and resurvey based upon what the eminent needs are of this neighborhood (i.e. lights,
water, and traffic calming). Mayor Ellis encouraged the people who were present this
evening from the Osceola neighborhood to encourage other neighbors to return the
surveys so that the City gets a feeling of what the residents want for their community.
10.B. ORDINANCE NO. 17-08 (SECOND READING/ADOPTION
HEARING FOR COMPREHENSIVE PLAN AMENDMENT 2008-1): Consider on
second reading an ordinance adopting Comprehensive Plan Amendment 2008-1 and
associated Future Land Use Map (FLUM) amendments, and authorize transmittal to the
State Department of Community Affairs. Amendment 2008-1 includes:
A. Text Amendments:
i. Update Introduction and support data throughout all the
Elements of the Comprehensive Plan as appropriate to
reflect current conditions; update all maps as appropriate to
reflect current city boundaries; update all maps and tables
as appropriate; and, update the Goals, Objectives and
Policies as required to modify partially completed or
eliminate completed initiatives and to incorporate
appropriate changes to goals and objectives gleaned from
the EAR public hearing processes.
ii. Future Land Use Element -Update existing land use and
population data, including supporting maps and tables.
iii. Future Land Use Element -Update vacant land analysis.
iv. Future Land Use Element - Update Redevelopment
Analysis section to reflect completion of all
Redevelopment Plans.
v. Future Land Use Element -Update descriptions for all land
use categories to include intensities and densities.
vi. Future Land Use Element -Add new policies to achieve an
appropriate mix of uses, direct resources to infrastructure
improvements downtown, and explore additional
downtown open space opportunities.
vii. Future Land Use Element -Add policies to affirm the
City's continued commitment to workforce housing.
viii. Future Land Use Element -Add policies to develop design
guidelines for the North Federal Highway area and evaluate
-31-
12/09/08
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•~uauzaaz~d it?aolza~ul
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o~ ~uauzaia a~~pdn - ~uauzaig sai~iiia~3 siootiaS ailgnd •tiix
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•sant~et~iui ~C~i~ nnau ~aa~az
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~ st? anuand at~uel~d ~s~g 3o tl~tou `poi ~uixz~d p~ozirez
auk a~t?u~isap o~ ~tatjod mau ppd - ~uauzaig uot~~~iodsu~zZ •x
•sauo~a~~a asn pu~Z
azn~n3 inuoi~ippn L[~IM ~ua~sisuoa aq o~ s~au~sip ~uiuoz
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•~azb szauzo~ zno3 pug
zopuzo~ anuand ssaz~uo~ auk ui sautiapm~ zoo paau auk
(The copy of Ordinance No. 17-08 is on file in the City Clerk's office.)
Ron Hoggard, Principal Planner, entered the Planning and Zoning
Department project file #2008-091 into the record. Mr. Hoggard stated this was last
before the City Commission in July 2008 when staff transmitted it to the Florida
Department of Community Affairs (DCA) for their review. Mr. Hoggard stated since this
was transmitted to DCA and we received back an ORC (Objections, Recommendations,
and Comments (ORC) Report from them with some objections. He stated staff addressed
those concerns and met with the Planning and Zoning Board last night to get an ORC
response. Mr. Hoggard stated the Comprehensive Plan Amendment includes two items
that were not transmitted to the State. One is the update of the City's CIP (Capital
Improvement Plan) and the second is an update to the CIP for the School Board.
Mr. Hoggard stated the first objection was that they want the City to adopt
the DOT's level of service designations for the SIS (State Intermodal System) LOS
facilities of I-95 and the connector to the tri-rail system. Staff amended Objective B-1 to
add and adopt the LOS of E for I-95 and D for the tri-rail connector (Atlantic Avenue
west of Congress Avenue and Congress Avenue south to the tri-rail). Staff also modified
the table in the Capital Improvement Element that has all of the LOS standards for all the
public facilities in the City (Table CI-GOP #1). ORC objection B was for waterfronts
and they claimed that the City did not provide for preservation for recreational
commercial waterfronts. Staff amended the plan to add two new policies; one to preserve
the character of the recreational commercial waterfronts and the second that staff would
develop an incentive program to increase relationship with the waterfront. Staff also
added objective B-1 in the Coastal Management Element that accessibility to the public
beach areas and the waterways "along Delray's recreational and commercial waterfronts"
as defined in the Florida Statutes. He stated ORC objection C is based on the Ten-Year
Water Supply Plan and they noted that staff did not include a Water Supply Plan in this
and noted that this was included after the EAR based amendments. The next one is the
water concurrency policy that before a Building Permit is issued they would consult with
the Environmental Services Department and Public Utilities that water was available.
Staff has added this policy. He stated the next one was on mixed use and staff re-worded
the section for the other land use designation where the Old School Square District is
located they thought that that was a new district. Staff explained that this was already an
existing district and that it was not a new future land use designation. However, they
wanted staff to further define what the mix of uses would be in that mixed use district and
staff added some language in the definition of "other mixed use" to include those
requirements. Mr. Hoggard stated ORC Objection F is to Coastal High Hazard Area and
the State this year changed its definition to be based on the computer model. Staff
consulted with the State and the map staff actually did use is the latest available data.
Staff added language on the map which states that the map would be based on the latest
available models.
The Planning and Zoning Board held a public hearing regarding the City
initiated land use amendment portion of the request on December 8, 2008 and
recommended transmittal of the ORC Report response along with the approval of the
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iii. Future Land Use Element -add an objective and policies to
support the creation of a Regional Activity Center at the
Office Depot property on Congress Avenue.
B. Future Land Use M ~ Amendment:
Future Land Use Map amendment from TRN (Transitional} to
GC (General Commercial} for an approximate 6.15 acre parcel
of land known as the Floranda Mobile Home Park, located on
the west side of South Federal Highway, approximately 660
feet south of SE 10th Street and .north of the Plaza at Delray.
The caption of Ordinance No. 54-08 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
ADOPTING COMPREHENSNE PLAN AMENDMENT
2009-1, PURSUANT TO THE PROVISIONS OF THE
"LOCAL GOVERNMENT COMPREHENSIVE
PLANNING AND LAND DEVELOPMENT
REGULATION ACT", FLORIDA STATUTES SECTION
163.3161 THROUGH 163.3243, INCLUSNE; ALL AS
MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"
ENTITLED "COMPREHENSNE PLAN AMENDMENT
2009-1" AND INCORPORATED HEREIN BY
REFERENCE; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTNE
DATE.
(The official copy of Ordinance No. 54-08 is on file in the City Clerk's
office.)
The City Attorney announced that this item is not quasi-judicial and is not
sure why it was labeled that way. In response, Mr. Hoggard stated this does have a land
use map amendment in it. The City Attorney stated land use map amendments are not
quasi-judicial.
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Ron Hoggard, Principal Planner, entered Planning and Zoning project file
#2008-227 and #2009-002 into the record.
Mr. Hoggard stated this is the first plan amendment for 2009 which
includes one future land use text amendment creating an Overlay District (Silver Terrace
Courtyard Overlay District). Mr. Hoggard stated this amendment represents the first
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the density being lowered from 25 units per acre to 18 units per acre and that a minimum
of 20% of the units be workforce housing units and transmit this to the Florida
Department of Community Affairs.
Mayor Ellis declared the public hearing open.
Michael Weiner, Attorney with Weiner, Aronson & Mankoff, P.A., 10
S.E. 1St Avenue, Delray Beach, stated this is known as the Floranda Mobile Home Park
in the executive plaza and is 8.2 acres. He stated they meet concurrency with regard to
the decrease in traffic. Mr. Weiner stated there is the issue about whether or not this
should be 18 units per acre or 25 units per acre with respect to the amount of density.
Mr. Weiner stated with respect to the Silver Terrace Plan it says 25 units to the acre and
noted that they have been talking about this Plan since 1996. He stated the easy parts of
Silver Terrace were done without the Plan but now 12 years later they now have the
mobile home park and all the difficulties that the mobile home park presents. Mr. Weiner
stated it is now time to apply that Plan and you are not going to be able to redevelop this
last difficult area without being able to go to 25 units per acre. He stated they are talking
about 7 units to the acre (50 units in total). Mr. Weiner stated what they are doing with
going to higher density is allowing for an urban like setting applying new urban type
principles. He stated it will be walkable, mixed use, concentrated neighborhoods and
they can make it 25 units per acre and they can do three stories where there are single
family homes. Mr. Weiner stated the 25 units per acre is a boost to this particular area
and allows them to get their project off the ground. He stated if they did not do 25 units
to the acre the only thing they are left with is a possible approach of 18 units to the acre.
However, he stated this is not decreasing the size of the building but instead they would
be forced to build larger units (2 and 3 bedrooms) instead of what the market demands
which is a single smaller unit. Mr. Weiner stated the Urban Land Institute has
continually on every occasion issued reports that have talked about high density
development and that it does not over burden public schools, it does not lower property
values, it does not create more regional traffic congestion and basically the smaller units
mean less trips (six trips a day) in comparison to townhouses and homes that have ten
trips a day, and it does not lead to higher crime. Mr. Weiner stated this gives the City the
opportunity to be green and by moving to 25 units to the acre the City would be putting
more people in a pedestrian situation to be employed at the office buildings and at the
shopping center. He stated this is what allows people to abandon an automobile and not
have to use it, have the walkability, and be employed without using their car every day.
Mr. Weiner stated lowering the density means that people are moving farther away from
where it is that their office and work might be located. He gave examples of areas
throughout the City where there have been substantial increases in density. Mr. Weiner
urged the Commission to get the input of the Treasure Coast Regional Planning Council
and give them the opportunity to look at something unique and innovative; and, address
the Silver Terrace Plan so that this can move forward.
Jose Herrera, 14897 Whatley Road, Delray Beach, stated his comments
from the previous item (Item 10.B.) stand for this project.
-37-
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pun uotln~a.T~~n ~uT~n.Tnoaua ~o suual ui op of lunauT seM .TOpir.TO~ anuan~ ssa.T~uo~
aul IntIM ~o lualut aTll szaTl~Tn~ InTil Tool alclipa.TauT un st sTTil palnls illano~ •.Ty~I •Tianag
~Cn.zlaQ uT IszTd aTll pun ~Cluno~ Tianag uTlnd ut puT~I slt ~o Is~g aril aq IIIM still pun Itauno~
~uTUUnid Inuoi~ag isno~ a.znsna.Ts aTll ui auop auo uaacl ~Cluo snTl a.TaTll palnls illano~
•.Ty~I •siTll uo auo ~aquTnu si Tlanag ~nzlaQ pun .Talua~ ~Cltntlad InuoT~ag n ~o suual ui
sTTll TIIiM ~utlnap azn ~CaTll palms ao~ng naog £iZ# a~rns p.~enalnog a~e.~o ao~ •M•~
S6ZZ 'anI sainiaoss~ a isaQ Illano~ 30 ~aaplsaad ![tano~ •r Ia~gaiy~
Brief discussion followed between staff and the City Commission. It was
the consensus of the Commission to support 22 units per acre and 20% workforce
housing units in the moderate income category.
Mr. McDuffie moved to approve Ordinance No. 54-OS (First
Reading/Transmittal Hearing for Comprehensive Plan Amendment 2009-1) with 22 units
per acre on text amendment l.a. with a workforce component of at least 20% workforce
housing units in the moderate category, seconded by Mr. Bernard. Upon roll call the
Commission voted as follows: Mr. Bernard -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -
Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 5 to 0 vote.
10.D. ORDINANCE NO. 37-08: Adoption hearing for Comprehensive Plan
Amendment 2008-WSP1, regarding the Water Supply Facilities Work Plan.
The caption of Ordinance No. 37-08 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
ADOPTING COMPREHENSIVE PLAN AMENDMENT
2008-WSP1, TO PROVIDE FORA 20 YEAR WATER
SUPPLY FACILITIES WORK PLAN, PURSUANT TO
THE PROVISIONS OF THE "LOCAL GOVERNMENT
COMPREHENSIVE PLANNING AND LAND
DEVELOPMENT REGULATION ACT", FLORIDA
STATUTES SECTION 163.3161 THROUGH 163.3243,
INCLUSIVE; ALL AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A" ENTITLED
"COMPREHENSIVE PLAN AMENDMENT 2008-
WSP1" AND INCORPORATED HEREIN BY
REFERENCE; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTNE
DATE.
(The official copy of Ordinance No. 37-08 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.
Ron Hoggard, Principal Planner, stated the first reading of this item was
September 3, 2008 and transmitted to the Florida Department of Community (DCA} for
their review. The amendment is to add the 20-Year Water Supply Facilities Work Plan
into the Public Facilities Element to add Policy A-1.10 in the Capital Improvement
Element which relates to a Reclaimed Water System Capital Improvement Schedule and
adds Table RW-CIP which is the 5-year Capital Improvements Schedule for the
Reclaimed Water System to the Capital Improvement Element. Mr. Hoggard stated staff
-39-
12/09/08
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10.E. ORDINANCE NO. 55-08: Consider a City initiated annexation
(via provisions of an executed Water Service Agreement and Consent to Annexation)
with initial zoning of CF (Community Facilities) for Fair Oaks Hospital, located
approximately 650 feet south of Linton Boulevard, and on the east side of Lake Worth
Drainage District E-3 Canal.
office.)
The caption of Ordinance No. 55-08 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
ANNEXING TO THE CITY OF DELRAY BEACH, A
PARCEL OF LAND LOCATED APPROXIMATELY
650 FEET SOUTH OF LINTON BOULEVARD ON
THE EAST SIDE OF THE LAKE WORTH
DRAINAGE DISTRICT (LWDD) E-3 CANAL, AS
THE SAME IS MORE PARTICULARLY
DESCRIBED HEREIN, WHICH LAND IS
CONTIGUOUS TO EXISTING MUNICIPAL LIMITS;
REDEFINING THE BOUNDARIES OF THE CITY TO
INCLUDE SAID LAND; PROVIDING FOR THE
RIGHTS AND OBLIGATIONS OF SAID LAND;
PROVIDING FOR THE ZONING THEREOF TO CF
(COMMUNITY FACILITIES) PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 55-08 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.
Paul Dorling, Director of Planning and Zoning, stated this is a 5.47 acre
parcel that is in conjunction with the Comprehensive Plan Amendment. The property
contains a 59,420 square foot hospital, known as Fair Oaks Hospital. Mr. Dorling stated
pursuant to the Water Service Agreement the City has been annexing these properties on
a time frame. This one was to be done by 2008 and the final parcel will be done in 2011.
At its meeting of April 21, 2008, the Planning and Zoning Board
considered the request and recommended approval with a 7 to 0 vote.
Mayor Ellis declared the public hearing open. There being no one from
the public who wished to address the Commission regarding Ordinance No. 55-08, the
public hearing was closed.
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the following recommendations: (1) that the southern boundary of the district be
amended to remove those properties south of 708 S.E. 3ra Street, (2) it also recommends
that a second period of significance be adopted which would span from 1947-1960, (3)
that the amended district be nominated for listing on the National Register of Historic
Places, (3) that if there is not support for listing of the entire district on the National
Register of Historic Places, then those eligible properties both within the amended district
and the removed portion are encouraged to seek individual designations. Mr. Dorling
stated the first resolution would adopt those recommendations as identified in the final
survey. He stated alternative #1 recommends the suggestions by the Historic
Preservation Board which considered it at their November 19, 2008 meeting and the
Board would support the period of significance to run from 1943-1960 rather than 1947-
1960. Mr. Dorling stated the original Alternative says adopt what is in the plan and
reiterated that Alternative #1 suggests that we add those three years in to the period of
significance. He stated it also addresses a property which is recommended for "D" listing
from a contributing to anon-contributing structure located at 238 S.E. 7th Avenue. Mr.
Dorling stated that was a development that had a significant improvement done to its
facade which blocked the entirety of the existing historic structure. Mr. Dorling stated
that was appealed to the City Commission and during that review staff provided letters
from the State that put that property owner on notice that this improvement would
jeopardize their contributing status and they needed to go forward on that note. He stated
when the survey was done that declassification was acknowledged or recommended in
this study. Mr. Dorling stated for the last nine years that property has enjoyed a deferral
of taxes associated with the improvement. He stated if this were de-listed then they
would be obligated to provide that difference in taxes back those nine years with interest.
Mr. Dorling stated the tax savings over the last nine years are about $3,800.00 to the City
of Delray Beach and about $2,300.00 to Palm Beach County for a total of $7,100.00.
Mr. Dorling stated the report suggests that it be declassified, the Historic
Preservation Board (HPB) which is part of Alternative #1 recommends that it not be
delisted. Alternate #2 (which staff recommends) is that we include those additional three
years in the period of significance and that we follow the recommendation and de-list the
property at 238 S.E. 7th Avenue as recommended by this survey.
The City Attorney clarified that Alternate #2 is what staff recommends.
Mr. Bernard asked is Alternative #1 from 1943-1960. The City Attorney
confirmed that Alternative #1 is from 1943-1960 and Alternative #2 is also changed to
1943-1960 and it basically follows the expert's decision to de-list as a contributing
building (238 S.E. 7th Avenue).
Mr. Fetzer moved to approve Resolution No. 55-08 (Alternate #2),
seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr.
McDuffie -Yes; Mr. Bernard - No; Mayor Ellis -Yes; Mr. Fetzer -Yes. Said motion
passed with a 3 to 1 vote, Commissioner Bernard dissenting.
- 43 -
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schedule and staff recommends that the Commission approve the recommended payout
schedule subject to the City of Delray Beach receiving the appropriate releases in this
case.
Mr. Eliopoulos moved to approve the Settlement Agreement in Simbari v.
the City of Delray Beach as per the December 4, 2008 memorandum and subject to the
City receiving the appropriate releases, seconded by Mr. Fetzer. Upon roll call the
Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -
Yes; Mr. McDuffie -Yes; Mr. Bernard -Yes. Said motion passed with a 5 to 0 vote.
9.E. PUBLIC UTILITY EASEMENT AGREEMENT/CITY OF
BOYNTON BEACH/REGIONAL FORCE MAIN: Consider approval of a Public
Utility Easement Agreement with the City of Boynton Beach to allow an easement over a
portion of the property located at 1025 Mission Hill Road in order to install a regional
force main.
The City Attorney stated this is a request from the City of Boynton Beach
for us to give them a Public Utility Easement across property that the City of Delray
Beach owns. The City of Boynton Beach has further indicated that it will indemnify,
defend and hold the City harmless from any claims or lawsuits that may be filed in
relation to the City granting this easement.
Mr. Fetzer moved to approve the Public Utility Easement Agreement with
the City of Boynton Beach to install a regional force main, seconded by Mr. Eliopoulos.
Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -
Yes; Mr. McDuffie -Yes; Mr. Bernard -Yes; Mayor Ellis -Yes. Said motion passed
with a 5 to 0 vote.
9.F. APPOINTMENTS TO THE POLICE ADVISORY BOARD: Appoint
six (6) regular members and one (1) student member to the Police Advisory Board to
serve two (2) year terms ending July 31, 2010. Based upon the rotation system, the
appointments will be made by Mayor Ellis (Seat #5), Commissioner Eliopoulos (Seat #1),
Commissioner Fetzer (Seat #2), Commissioner McDuffie (Seat #3), Commissioner
Bernard (Seat #4), Mayor Ellis (Seat #5) and Commissioner Eliopoulos (Seat #1). '
Mayor Ellis stated she wished to reappoint Jimmy Weatherspoon as a
regular member to the Police Advisory Board to serve a two (2) year term ending July 31,
2010. Mr. McDuffie so moved, seconded by Mr. Bernard. Upon roll call the
Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mr. Bernard -
Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote.
Mr. Eliopoulos moved to reappoint Jose Herrera to the Police Advisory
Board as a regular member to serve a two (2) year term ending July 31, 2010, seconded
by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes;
Mr. Bernard -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said
motion passed with a 5 to 0 vote.
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At this point, the time being 11:05 p.m. 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.
inquiries.
The City Manager had no response to prior public comments and
11. From the Public.
11.B.1. Michael Weiner, Attorney with Weiner, Aronson & Mankoff, 10 S.E.
1_St Avenue, Delray Beach (speaking on behalf of Oceanside Beach Services), stated
there is a new RFP (Request for Proposal) that is approximately 40 pages for the beach
concession. He stated the old RFP was never broke and they had one typographical error.
Mr. Weiner stated somehow this is a reason to reinvent the wheel and they are
reinventing so that they are the same as Fort Lauderdale Beach. Mr. Weiner stated
among the situations described in the RFP is the amenity portion where you have a
franchise fee on offering amenities. He stated while it is encouraged they are not certain
that it encourages motorized vehicles, jet skis, and similar things like that. Mr. Weiner
stated it says you cannot sell clothes or suntan oil but you get bonus points if you have
dangerous activities. He stated there are other features such as terminating the contract at
your own convenience and the amount of equipment such as chairs and umbrellas has
actually been decreased. Mr. Weiner stated there is a bid protest process; however, he
does not know what that bid process is. He stated you have a selection where you can
actually appoint outsiders to make a selection and this is the first time the City has done
this. Mr. Weiner stated all of these features are not going to increase interest in our RFP
or the amount of the bids. He stated it is very hard to calculate the franchise fees and
how we get the percentages. Mr. Weiner suggested that this be a Workshop item and do
not just rip up the old RFP because of one word error and substitute a whole new one that
looks like the City of Fort Lauderdale. He urged the Commission to Workshop the issue
and look at the beach and then come up with a formula that really works as to how the
City is collecting the original franchise fee and then a percentage rate on whatever this
gross is. Mr. Weiner stated this makes more sense than just literally copying almost word
per word Fort Lauderdale.
11.B.2. Jose Herrera, 14897 Whatley Road, Delray Beach, member of the
Police Advisory Board, stated he lives on Whatley Road which is the road that is
adjacent to the Dunkin Donuts. Mr. Herrera stated that this crime could not have been
predicted by any Police Department in the world. However, when his neighborhood was
annexed they were promised lights and neighbors came to the Police Advisory Board
Meeting and inquired. about what was going on with the street lights on Whatley Road
and old Country Club Acres. Mr. Herrera stated this is a very dark neighborhood and has
two ingresses and egresses; one is facing Military Trail and the other one is Atlantic
Avenue. In his opinion, Mr. Herrera stated this makes it easy for criminals to either come
in from the turnpike while driving through Military Trail and out Atlantic Avenue and
back to I-95.
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At this point, the time being 11:18 p.m. the Commission moved to Item
12, First Readings.
12. FIRST READINGS:
12.A. ORDINANCE NO. 56-08: Consider a City-initiated amendment
amending the Land Development Regulations (LDR) of the Code of Ordinances, by
amending Section 2.4.3, "Submission Requirements", Subsection (K), "Fees", Sub-
subsection (1), "Development Applications", in order to provide fees for requests for a
change of historic designation or classification, and ad valorem tax exemption
applications. If passed a public hearing will be held on January 6, 2009.
The caption of Ordinance No. 56-08 is as follows:
office.)
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES,
BY AMENDING SECTION 2.4.3, "SUBMISSION
REQUIREMENTS", SUBSECTION (K), "FEES",
SUB-SUBSECTION (1), "DEVELOPMENT
APPLICATIONS", IN ORDER TO PROVIDE FEES
FOR REQUESTS FOR A CHANGE OF HISTORIC
DESIGNATION OR CLASSIFICATION, AND AD
VARLOREM TAX EXEMPTION APPLICATIONS;
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 56-08 is on file in the City Clerk's
Paul Dorling, Director of Planning and Zoning, stated this is a City-
initiated amendment to LDR Section 2.4.3(K)(1) to provide for an application fee
associated with the review of Ad Valorem Tax Exemption Applications and Changes of
Historic Designation and/or Classification. Mr. Dorling stated this is not a fee that is
limited to properties that may want to get out of a district it also applies to properties that
may want to expand a district. The subject amendments also provide for a fee of $60.00
per property associated with removal from or expansion into a historic district and/or the
change of historic classification application types.
The Historic Preservation Board (HPB) considered the amendments at
their December 3, 2008 meeting where they recommended approval by a vote of 6 to 1.
At its meeting of December 8, 2008, the Planning and Zoning Board recommended
approval of the fee schedules with a 6 to 0 vote.
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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 December 9, 2008, which Minutes were formally approved and adopted by the City
Commission on January 6, 2009.
11
City Clerk
NOTE TO READER:
If the Minutes you have received are not completed as indicated above, this means they
are not the official Minutes of the City Commission. They will become the official
Minutes only after review and approval which may involve some amendments, additions
or deletions as set forth above.
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•
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
CONDITIONAL USE MODIFICATION REQUEST FOR ATLANTIC PLAZA !1
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. This conditional use request to increase the building height, of building
numbers 3, 4 and 6 as depicted in the Conceptual Plan revised December 3, 2008,
Sheet 1 and attached as Exhibit "B", to a maximum of 60 feet for the Atlantic Plaza II
development has come before the City Commission on December 9, 2008.
2. The Applicant and City staff presented documentary evidence. and
testimony to the City Commission pertaining to the conditional use request for the
Atlantic Plaza II development. All of the evidence is a part of the record in this case.
Required findings are made in accordance with Subsections I and II.
I. COMPREHENSIVE PLAN
a. Comprehensive Plan -Future Land Use Element Objective A-1: This
objective requires that the property shall be developed or redeveloped as it pertains to
height, in a manner so that the future use and intensity is appropriate in terms of soil,
topographic, and other applicable physical considerations, is complementary to adjacent
land uses, and fulfills remaining land use needs.
Is this objective met?
Yes ~ 5 No 0
b. Future Land Use Map: The resulting use of land or structures must be
allowed in the zoning district within which the land is situated and said zoning must be
consistent with the applicable land use designation as shown on the Future Land Use
Map. The subject property has a Future Land Use Map designation of CC and is zoned
CBD.
Future Land Use - Is project's proposed location consistent with the
Future Land Use Map?
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:uo!~elll!geya~ pue }uawdolanap asn pax!w ~o; sanl~uaoul ^
:sa;eo poop;no 6ul~e;llloe~ pue 6ulMOlly ^
:sal;ln!~oe pa}uauo ~(ilwe; aay~o pue 'sasnoy~(eld `saa;eay; ~auu!p ao; san!~uaoul ^
• :suogoe and;enouul y6no~y; spaau 6u1~{~ed 6ui;epowwoooy ^
:spool; ~addn uo
asn lel~uaplsaa pue aa~o y;IM pool; punoa6 aye uo lie;aa 6ul;eool ao; san!~uaoul ^
aasn a;eladaddeu! ~o uo!~alaa ^
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aye ssa~ppe `wnwlulw a ~e 'ileys pue uol}ezile~lnaa pue uol}e~!ilgeyaa a6emooua
pue ale}illoe; lleys suo!~eln6aa ;a!a~slp 6u!uoz a8~ ayl ~ 6'ti-~ o!lod 'a
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weld anlsuayaadwo~ aye;o salollod pue sleo6 aye ~ay~n; pue
y~lM ~ua~s!suoo aq asn leuol~ipuoo aye;o 6ul~ue~6 aye II!M :~ o~s!suo~ •p
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~slooyos
pue a;seM p!los `coeds uado `s~aed `o!~}ea; pus s;aa.~;s `a6eu!eap
`aannas `aa;enn o; ;oadsaa se ;aw s;uawaa!nbal ~C~uaaanouoo ay; aay
aeaae 6uiMOllo~ aye ~o} s~uawano~dwl
le~ideo papaau `;o uo!slnoad ay; a~inbaa O; ao `aplnad pue pun; o; ~31~ aye ;o ~!llge
ay; paaoxa you IIIM uol}eo!idde ~uawdolanap ao~pue asn puel pa~sanba~ ay} }o spaau
~}illoe; ollgnd aye ;eye apew uo!~eu!w~a~ap a pue haw aq ~snw ueld anlsuayaadwo~ ay}
;o ~uawal~ ash pue aye ~o Z-8 ani~oafgp o~ ~uens~nd pauyap se ~(oua~anouo~
ueld anlsuaya.rdwo~ aye uly~lM
paysllge~sa aolnaas;o slanal o} ~uens~nd pap!no~d aq lleys sa-;liloe; asayl ~~(ouednoop
~o a~eoyi~a~ a ;o aouenssl y;IM ~uaamouoo ;uawdolanap Mau o~ pap!nad aq lleys
~(~!~ ay} `y6no~y~ ~o `~(q paplnoad ace yolyM sag!l!oe~ ouaamouo~ .o
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Il. LDR REQUIREMENTS:
a. .LDR Section 2 4 5(E) Required Findings: (Conditional Use): Pursuant
to Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the conditional use will not:
Have a significantly detrimental effect upon the stability of the
neighborhood within which it will be located;
ii. Hinder development or redevelopment of nearby properties.
Will Section 2.4.5(E)(5) be met?
Yes 5 No 0
b. Pursuant to LDR Section 4.3.4(J)(4)(b)(i)(9), an increase to a maximum
height of 60' may be approved by the City Commission as a conditional use for property
within the Central Core portion of the CBD (Central Business District), except for that
portion within 150' of any zoning district which has a maximum height limit of 35',
measured from the property line of the CBD zoned property. The City Commission may
approve an increase in height to a maximum height of 60' based upon a finding of
compliance with each of the enumerated criteria listed below.
(ii) That the increase in height will not provide for, nor accommodate, an
increase in the floor area (within the structure) beyond that which could be
accommodated by development which adheres to a height limitation of 48
feet, except for the following situations:
(1) An increase in height is allowed when the increase from 48 feet to 60
feet is for the purpose of accommodating residential use on the top
floor of the structure; however, the increase in height is only for the
added residential use area.
(iii) Workforce housing units, equal to at least twenty percent (20%) of the
residential units on the top floor, shall be provided within the development
onsite, offsite, or through monetary contributions as referenced in Article
4.7 (fractions shall be rounded up). The workforce housing units shall be
at the low or moderate income levels and shall comply with other
applicable provisions of Article 4.7.
(iv) That the increase in height shall be allowed if two or more of subsections
4.3.4(J)(iv)(1), (2) or (3) are met:
(1) That for each foot in height above 48 feet, an additional building
setback of two feet is provided from the building setback lines
which would be established fora 48-foot tall structure. The
additional setback is required from all setback liens (i.e., front, side,
b
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has suo!~!puoo aye o;;oafgns anoge y~o~ has ~sanba~ asn leuo!~!puoo aye p sa!uap
5 sano~dde uo!ss!wwo~ ~!~ aye `;! ago;aq paooa~ aa!~ua ay; uo pase8 •g
•s6u!pu!} asay~ 6u!;aoddns sassau~!nn ~ua~adwoo
aay~o pue s}~adxa ~o ~(uowi;sa; `s~oda~ };ens ay; o~ pa}!wll you ;nq 6u!pniou! paooaa aye u!
pau!e~uoo s;oe; aye s~dope pue pa~!wgns paooa~ aye w s6u!pu~ s;! ~oddns o; aouap!na
le!;ue;sgns ~ua~adwoo pue aidwe s! aaay~ spu!} uo!ss!wwo~ ~(}!~ ayl ~5
pa~~!wgns seen ~sanba~ asn leuo!;!puoo aye aw!~ ay;;e aoua~s!xa w s~uawa~!nba~
2~aq pue ueld an!suayaadwo~ ay; pa!Idde sey uo!ss!wwo~ ~!~ ayl ~~,
u!aaay pa~e~odaoou!
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adeospuel pue `sezeld `spae~noo se yons `sea~e uado ~eyl (E)
:(6uhlaed 6ulpnloxa) sasn lel~uaplsa~uou ~o ~slsuoo
a6e~uw; 6ulpilnq pool; punoa6 ay; ~o %05 ;o wnwlulw a }eyl (Z)
:;ol~;slp;ey} ~o s;uawa~lnba~ ~loeq~as ay} o} a~aype
ileys auoz a8~ aye u! s6ulpllnq `;uawaalnba~ ~{oeq~as sly; ~o Hall ui
•~aa; g~ anoge spua~xa ;ey; 6ulpllnq aye }o uol~,od aye ~o~ (aeaa pue
EXHIBIT A
TO THE CONDITIONAL USE MODIFICATION REQUEST FOR ATLANTIC PLAZA II
1. Approve of a site plan by SPRAB that is in general conformance to the submitted
sketch plan and addresses the "Exhibit "A"- Technical Items" in the attached staff report;
2. That a recreational amenity is provided for teens such as a sport court or "teen"
room that includes amenities such as video gaming, billiards, or ping pong.
3. That the applicant provide traffic calm measures along NE 7th Avenue north of
NE 1St Street (i.e. warning signage, speed humps, etc.) to be approved by the City
Engineer.
4. That the applicant demonstrate compliance with the requirements of Article 4.7
(workforce housing) prior to certification of the site plan.
5. That the turret features on building #4 are lowered to a maximum height of 60
feet.
6. That a sufficient number of parking spaces are allocated to select commercial
tenants in the automated parking system to mitigate the deficiency in the number of self
parking spaces. Compliance with this condition shall be verified by City staff prior to
certification of the site plan. (This condition is modified from the Planning and
Zoning Board recommendation to now anticipate plan adjustments resulting from
the re-alignment of NE 7th Avenue).
7. That the applicant receives approval for deep-well injection, which includes pre-
treatment of storm water, from the Florida Department of Environmental Protection prior
to certification of the site plan.
8. The workforce housing requirements per 4.3.4(J)(4)(b) must be met as well as
Article 4.7 of the LDRs.
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FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME-FIRST NAME-MIDDLE NAME NAME OF BOARD. COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE
Eliopoulos Gary Delray Beach City Commission
7AIUNG ADDRESS THE BOARD, COUNCIL, COMMISSION, AIffHORCTY OR COMMITTEE ON
205 George BUSK BOUleVard _ WHICHISERVEISAUNITOF:
CITY COUNTY ~l1Y ^ COUNTY ^ OTHER LOCAL AGENCY
Delra Beach, Florida 33445 Palm Beach NAME OF POLITICALSU801V1SION:
Cit of Delra Beach.
DATE ON WHICH VOTE OCCURRED
MY POSITION IS:
1 ~ ~n4 /~nnR XIb'1 ELECTIVE ^ APPOINTIVE
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county, city, or other local -level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure.in which you have a conflict of interest wilt vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other focal public office MUST ABSTAIN from voting on a measure which
'cures to his or her special private gain or loss. Each. elected or appointed local officer also is prohibited from knowingly voting on a mea-
ure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
~arent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coawner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
\KEN:
- You must complete and fife this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the form in the minutes (Continued on other side)
CE FORM 88 - EFF. 1/2000 ~ ~ PAGE 1
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FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
I.AS7 NAME-FIRST NAME--MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE
Eliopoulos Gary Delray Beach City Commission
RAILING ADDRESS TN6 BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON
205 George Bush Boulevard wHICH I sERVE Is A uN1T oF:
GTY COUNTY CITY ^ COUNTY ^ OTHER LOCAL AGENCY
Delta Beach, Florida 33445 Palm Beach NAME OF POLRICAL SUBDIVISION:
DATE ON WHICH VOTE OCCURRED City of Delray Beach
MY POSITION IS:
L2 O9 OH %~ ELECTIVE O APPOINTIVE
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county, city, or other 4ocai level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you bold an elective or'appointive position. For this reason, .please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECT{ON 112.3143, FLORIDA STATUTES
A person ho{ding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
nures to his or her special private gain or {oss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
latent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-faw, son-in-faw, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
aKEN:
• You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the form in tl5e minutes (Continued on other side)
CE FORM SB - EFF. 117.000 \~ ~ PAGE 1
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(panui~uo~) S213~Idd0 a31NiOddt~
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
'AST NAME-FIRST NAME--MIDDLE NAME NAME OF BOARD, COUNCIL, GOMMlSSION, AUTHORITY, OR COMMITTEE
RAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON
2Q5 Geor a Bush Boulevard w1-IICH I SERVE IS A UNIT OF:
CITY COUNTY ~~ O COUNTY ^ OTHER LOCAL AGENCY
NAME OF POLn1CAL SUBDIVISION:
Delia ,.Beach Florida City of Delray Beach
DATE ON WHICH VOTE OCCURRED MY POSfnON IS:
17I09~2f1f1R ~ ELECTIVE O APPOINTIVE
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a confict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form befdre
completing the reverse side and filing the form.
INSTRUCTIONS FO'R COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
nures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
.latent organization or subsidiary of a corporate principal by which he or she is retained); to fhe special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
. . . . . . . . . . . . . . . .
ELECTED OFFFCERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and fling this form with the person responsible for recording the min-
utes of the"meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
`y you or at your direction.
YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
AKEN:
• You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side)
CE FORM 88 - EFF. 1/2000 ~ 1, \ PAGE 1
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FORM 86 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY MUNICIPAL ~ AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME--FIRSTNAME-MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY. OR COMMITTEE
Beinard Mackenson Delray Beach City Commission
IAIIING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON
1534 Fenton Drivel WHICH 1 SERVE IS A UNrr OF:
CITY COUNTY CITY D COUNTY O OTHER LOCAL AGENCY
Delra Beach, ,Florida .33445 Palm Beach N~ ~ PouncAL suaonnsloN:
Cit Of Deira Beach
DATE ON WHICH VOTE OCCURRED MY POSITION IS:
17/9/~fl(1R XRI ELECTIVE D APP01NTiVE
WHO MUST FILE FORM 86
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest wilt vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
Inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
~ure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
~o the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-faw, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
. . . . . . . . . . . . . . . .
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must discose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publiGy stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the minutes.
f t • • • t • • t • ~ • • • f k
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
AKEN:
• You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side)
CE FORM 8B - EFF. 1/2000 ~ ~] ~ __.. ~ O~ ,~ • ~ ` ,J~ PAGE 1
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