10-06-09 Regular Meeting MinutesOCTOBER 6.2009
A Regular Meeting of the City Commission of the City of Delray Beach,
Florida, was called to order by Mayor Nelson S. McDuffie in the Commission Chambers
at City Hall at 6:00 p.m., Tuesday, October 6, 2009.
1. Roll call showed:
Present- Commissioner Gary P. Eliopoulos
Commissioner Fred B. Fetzer
Commissioner Adam Frankel
Commissioner Angeleta Gray
Mayor Nelson S. McDuffie
Absent - None
Also present were - David T. Harden, City Manager
Brian Shutt, City Attorney
Chevelle D, Nubin, City Clerk
2. The opening prayer was delivered by Reverend Greg Fitch, Chief
Chaplain with the Delray Beach Clergy Association.
3. The Pledge of Allegiance to the flag of the United States of America was
given.
4. AGENDA APPROVAL.
Mayor McDuffie noted the addition of Item 7.D., Presentations (ICMA
Award).
For the record, Mr. Eliopoulos stated Item &G., Agreement with Lintco,
Inc. and noted that Lintco Inc. is actually one of the properties of Ocean Properties
which is a client of his.
Mayor McDuffie stated there is additional information for Item 9.A.9
Conditional Use Re uest/Villa a at Delray.
Mr. Frankel moved to approve the Agenda as amended, seconded by Mrs.
Gray. Upon roll call the Commission voted as follows: Mr. Fetzer — Yes; Mr. Frankel —
Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Eliopoulos — Yes. Said motion
passed with a 5 to 0 vote.
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5. APPROVAL OF MINUTES:
Mr. Fetzer moved to approve the Minutes of the Special/Workshop
Meeting of September 15, 2009, seconded by Mr. Eliopoulos. Upon roll call the
Commission voted as follows: Mr. Fetzer — Yes; Mrs. Gray — Yes; Mayor McDuffie —
Yes; Mr. Eliopoulos — Yes; Mr. Fetzer Yes. Said motion passed with a 5 to 0 vote.
Mr. Frankel moved to approve the Minutes of the Regular Meeting of
September 22, 2009, seconded by Mrs. Gray. Upon roll call the Commission voted as
follows: Mrs. Gray — Yes; Mayor McDuffie Yes; Mr. Eliopoulos — Yes; Mr. Fetzer —
Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote.
6. PROCLAMATIONS:
6.A. Florida City Government Week — October 18 -24, 2009
Mayor McDuffie read and presented a proclamation hereby proclaiming
the week of October 15 -24, 2009 as Florida City Government Week. Janet Meeks,
Education Coordinator, came forward to accept the proclamation and gave a few brief
comments.
7. PRESENTATIONS:
7.A. RESOLUTION NO. 44 -09: Approve Resolution No. 44 -09
Recognizing and commending Bernard Parker for 30 years of dedicated service to the
City of Delray Beach.
The caption of Resolution No. 44 -09 is as follows;
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING
AND COMMENDING BERNARD PARKER FOR
THIRTY YEARS OF DEDICATED SERVICE TO THE
CITY OF DELRAY BEACH.
(The official copy of Resolution No, 44 -09 is on file in the City Clerk's
office.)
Mayor McDuffie read and presented Resolution. No. 44 -09 and plaque to
Bernard Parker for 30 years of service to the City of Delray Beach. Bernard Parker
came forward to accept the resolution and plaque.
7.B. RESOLUTION NO. 45-09: Approve Resolution No. 45 -09 Recognizing
and commending Charles Stravino for 30 years of dedicated service to the City of
Delray Beach.
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The caption of Resolution No. 45 -09 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING
AND COMMENDING CHARLES STRAVINO FOR
THIRTY YEARS OF DEDICATED SERVICE TO THE
CITY OF DELRAY BEACH.
(The official copy of Resolution No. 45 -09 is on file in the City Clerk's
office.)
Mayor McDuffic read and presented Resolution No. 45 -09 and plaque to
Charles Stravino for 30 years of dedicated service to the City of Delray Beach. Charles
Stravino came forward to accept the resolution and plaque.
7.C. RESOLUTION NO. 46-09: Approve Resolution No. 46-09 Recognizing
and commending James Dalton for 30 years of dedicated service to the City of Delray
Beach.
Mayor McDuffie read and presented Resolution No. 46 -09 and plaque to
James Dalton for 30 years of dedicated service to the City of Delray Beach. James
Dalton carne forward to accept the resolution and plaque.
Mr. Frankel moved to approve Resolution Nos. 44 -09, 45 -09, and 46 -09,
seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mayor
McDuffie — Yes; Mr. Eliopoulos Yes; Mr. Fetzer — Yes; Mr. Frankel — Yes; Mrs. Gray
Yes. Said motion passed with a 5 to 0 vote.
7.D. INTERNATIONAL CITY /COUNTY MANAGEMENT
ASSOCIATION ICMA CONVENTION AWARD
The City Manager stated this year the City did not send anyone to the
International City Management Association Convention in order to save on expenses. He
stated at that convention the City was presented the "Voice of the People Award" for
Police services and overall services. The City Manager stated the
"Voice of the People Award" is announced each year by the International City
Management Association and National Research Center to the jurisdictions with the
highest rated services according to a representative sample of their own residents. The
City Manager stated to win for excellence the rating for service quality must be one of the
top three among all eligible jurisdictions in 2008 and must reside in the top ten percent
among over 500 jurisdictions in the national research center database of citizen surveys.
He stated to win the transformation award the improvement and service quality rating
must be significantly higher than the rating from the most recent prior survey conducted
in that jurisdiction and larger than improvements shown in all other eligible jurisdictions
in 2008.
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S. CONSENT AGENDA: City Manager Recommends Approval.
8.A. RESOLUTION NO. 53-09/ABANDONMENT OF UTILITY
EASEMENT/WAL -MART STORES, INC.: Approve Resolution No. 53 -09 to
abandon a 12' x 367' utility casement behind the Wal -Mart Stores, Inc., to accommodate
expansion of the enclosed loading dock and reconfiguration of the semi - trailer loading
area at the northwest corner of the building located at 16205 South Military Trail.
The caption of Resolution No. 53 -09 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, VACATING
AND ABANDONING A UTILITY EASEMENT
LOCATED WITHIN THE WAL -MART PROPERTY
16205 SOUTH MILITARY TRAIL AND AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A ".
(The official copy of Resolution No. 53 -09 is on file in the City Clerk's
office,)
8.B. INTERLOCAL AGREEMENT /PALM BEACH
COUNTYIDROWNING PREVENTION COALITION (DPQ: Approve an
Interlocal Agreement with Palm Beach County for payment of swimming lesson fees not
to exceed $50.00 per class for the Learn to Swim Program at Pompey Park and the
Delray Swim & Tennis Center through the Drowning Prevention Coalition of Palm
Beach County.
S.C. SUB -GRANT AGREEMENT/FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS/NEIGHBORHOOD STABILIZATION PROGRAM:
Approve a Sub -grant Agreement between the City and the Florida Department of
Community Affairs to implement Neighborhood Stabilization Program (NSP 1) funding.
8.D. AMENDMENT MARINA RULES AND REGULATIONS: Approve
an amendment to Marina Rules and Regulations to provide a minimum boat length of 30
feet and maximum of 55 feet for boats docked at the Municipal Marina.
8.E. AGREEMENTIDELRAY HARBOR CLUB ASSOCIATION INC.:
Approve an Agreement with Delray Harbor Club Association, Inc. to allow the Harbor
Club to moor a boat adjacent to the northern side of their seawall adjacent to Knowles
Parke
8.F. RESOLUTION NO. 55 -09: Approve Resolution No. 55 -09 establishing
the Budget Review Committee to review the City's budget, systems and procedures,
technology improvements or related materials and concepts and make recommendations
regarding same.
The caption of Resolution No. 55 -09 is as follows:
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10/06/09
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, CREATING
THE BUDGET REVIEW COMMITTEE TO REVIEW
THE CITY'S BUDGET, SYSTEMS AND
PROCEDURES, TECHNOLOGY IMPROVEMENTS OR
RELATED MATERIALS AND CONCEPTS AND MAKE
RECOMMENDATIONS REGARDING SAME;
PROVIDING AN EFFECTIVE DATE.
(The official copy of Resolution No. 55 -09 if on file in the City Clerk's
office.)
S.G. AGREEMENT /LINTCO, INC.: Approve an agreement between the
City and Lintco, Inc. for use of Lintco Property as a parking lot for the next Fire Station
Open House Health and Wellness event to be held on November 14, 2009 at Fire Station
43, subject to the City insuring Lintco against any liability claims.
S.H. AGREEMENT /COMMERCE BANK, N.A.: Approve an agreement
between the City and Commerce Bank, N.A., for ControlPay Advanced (CPA), an
accounts payable solution that will replace paper checks with electronic payments
through the Visa Network.
S_I. ANNUAL PROJECT HOLIDAY/YOU ARE NOT ALONE
ORGANIZATION: Approve a request for city support and assistance for the 4th
Annual Project Holiday sponsored by the You Are Not Alone Organization, which
provides packages to armed services personnel.
S.J. SPECIAL EVENT REQUEST /23rd ANNUAL TURKEY TROT:
Approve a special event request to allow the 23rd Annual Turkey Trot to be held on
Saturday, November 21, 2009 from 7:30 a.m. until approximately 9:00 a.m., including a
temporary use permit per LDR Section 2.4.6(F) for the closure and use of A -1 -A from
Casuarina to George Bush Boulevard from 5:00 a,m. to approximately 10:00 a.m., and
authorize staff support for traffic control, barricading, trash removal and clean up, use of
half of small stage, and waiver of parking meter fees for Sandoway, Ingraham, and
Anchor Park and along Atlantic Avenue from Venetian to A -1 -A from 6:00 a.m. until
approximately 10:00 a.m.
S.K. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards for
the period September 21, 2009 through October 2, 2009.
S.L. AWARD OF BIDS AND CONTRACTS:
1. Bid award to Tree Huggers Landscaping & Nursery, LLC. in the
amount of $18,047.00 for landscape maintenance of George Bush
Boulevard/N.E. 8th Street and West Atlantic Avenue. Funding is
available from 119 - 4144 -572 -46.40 (Beautification Trust
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Fund/Repair & Maintenance
Maintenance).
Services /Beautification
2. Contract award to Baker's Transport Service (BTS) in the amount
not to exceed $200,000.00 for hauling and disposal of liquid lime
slurry from the Water Treatment Plant (WTP). Funding is available
from 441- 5122 -536 -34.90 (Water and Sewer Fund/Other
Contractual Services).
Mr. Eliopoulos moved to approve the Consent Agenda, seconded by Mrs.
Gray. Upon roll call the Commission voted as follows: Mr. Eliopoulos --- Yes; Mr,
Fetzer Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes. Said motion
passed with a 5 to 0 vote.
9. REGULAR AGENDA:
5T/VILLAGE AT DELRAY: Consider
ERE„ „UE
a conditional use request for Village at Delray, to allow a density in excess of 12 units per
acre (17.4 du/ac is proposed) in accordance with the provision of the City's Family
Workforce Housing Ordinance for the Village at Delray, a 192 -unit residential
development located on the east side of Auburn Avenue south of S.W. 4th Street. (Quasi -
Judicial Hearing)
Mayor McDuffie 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 McDuffie asked the Commission to disclose their ex parte
communications. Mr. Frankel stated he spoke with Chuck Jeroloman, Brady Myers,
Marc Woods from the Delray Beach Police Department, Maria Herrera from the Sun -
Sentinel, Dorothy Ellington from the Delray Beach Housing Authority Board, Dr. Andre
Fladell, Michael Weiner (Attorney), the Auburn Group, et al including but not limited to
Brian Hinners, Tom Hinners, Dawn Guzzetta and Cito Beguiristain. In addition, he
spoke with Dr. Victor Kirson, Gerry Franciosa, Chuck Halberg, Herman Stevens, Brian
Shutt, Bill Wood, and Beth Johnston. Mrs. Gray stated she has spoken to Michael
Weiner (Attorney), Lula Butler, Dawn Cedel and Brian Hinners of the Auburn Group,
Captain Sims, Paul Dorling, Dr. Andre Fladell, Dean Longo, Delray Beach Heights
Neighborhood, Southwest Steering Committee, Dorothy Ellington, Mackenson Bernard,
Addie Greene, Tareka Gray, Barbara Norris, Dr. Henrietta Smith, Kenneth Gray, Alberta
McCarthy, and Brian Shutt. Mayor McDuffie stated he spoke to Tong Hinners, Brian
Hinners, Dawn Guzzetta, Cito Beguiristain, Connie Staudinger and Allan Schnier of the
Auburn Group, Orlando Cabrerra who he discussed financing with who is Counsel for the
Auburn Group, Stephen P. Auger, Executive Director of the Florida Housing Finance
Corporation/Tallahassee, Paul Vincent, Wachovia Wells Fargo Senior Vice President of
Lending/Financing, Felicia Goldstein from Congressman Ron Klein's office,
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Commissioner Jeff Koons, Commissioner Priscilla Taylor, Shannon Larock Bass (County
Administrator), Michael Weiner (Attorney), Dorothy Ellington, Chuck Ridley, Joe Gray,
Bill Wood, Officer Chuck Jeroloman, Diane Colonna, Lisa Bright, Southwest
Neighborhood meeting of approximately 20 people that he was invited to by Chuck
Ridley, and Maria Herrera. Mr. Eliopoulos stated he spoke with Marie Herrera, Dorothy
Ellington, Chuck Halberg responded to an email, had a telephone conversation with
Gerry Franciosa with regards to possibly meeting but did not meet, had a brief
conversation with Andre Fladell about meeting with the developer but they did not meet,
Diane Colonna and Francisco Perez -Azua from the CRA and a follow -up from the
presentation that the Auburn Group made to the CRA Board, Lula Butler and Paul
Dorling (City staff). Mr. Fetzer stated he met with various representatives from the
Auburn Group such as Tom Hinners, Brian Hinners, Dawn Guzzetta, Cito Beguiristain,
Michael Weiner (Attorney), had various discussions with City staff including Paul
Dorling, Lula Butler, Maria. Herrera with the ,Sun - Sentinel, Chuck Halberg, and various
emails that he will forward to the City Clerk's office as part of public record. At this
point, Mrs. Gray stated she also spoke with Gerry Franciosa and Dr. Victor Kirson. In
addition, Mayor McDuffie stated he also spoke with Dr. Andre Fladell.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2009 -221 into the record.
Mr. Dorling stated this is a conditional use request to allow density in
excess of 12 units per acre (17.4 du/ac is proposed) in accordance with the provision of
the City's Family Workforce Housing ordinance for the Village at Delray, a 192 -unit
residential development located on the east side of Auburn Avenue south of S.W. 4 t
Street. The property is 11.03 acres and is zoned RM (Medium Density Residential) and
is the current site of the Auburn Trace development. Mr. Dorling stated this proposal
does have some recent development history including a conditional use that was
approved on April 1, 2008, and continues to be enforced for a 264 unit residential
development which included 66 workforce housing units and the balance of 198 market
rate rental units. This proposal now is to modify that approval to reduce the density to
192 rental units and out of those 192 residential rental units 15 would be workforce
housing units at the low designation 60% AMI (Area Median Income) or lower and the
balance of the project 177 units would also be at low - income level at 60% AMI (Area
Median Income). Mr. Dorling stated there is no market rate units proposed as part of this
project at this time. He stated the site plan proposal is similar to the previous one with
the exception that they have again reduced the number of units; they have eliminated two
buildings; and they have relocated a few of these to provide some open space throughout
the development.
Mr. Dorling stated the staff report identifies some issues that staff has with
this and there are required findings that need to be made with this development. Staff has
concern with three (3) areas: (1) inconsistency with the Comprehensive Plan, (2)
inconsistency with the Land Development Regulations, and (3) inconsistency with the
approved Southwest Neighborhood Plan. He stated Future Land Use Element Objective
A -1 talks about uses should be complimentary and compatible with adjacent land uses
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and the report identifies concerns with this development as well as its impact on adjacent
developments as it relates to the fact that no market rate units are being provided, Also,
staff finds it inconsistent with Future Land Use Element Objective Policy C -1.7, which
requires that future development in the CRA. be in accordance with the provisions of that
redevelopment plan. Mr. Dorling stated that redevelopment plan was developed through
stakeholder meetings with the neighborhood and feedback was gathered through the
planning process and several directives were identified in the plan and one of those was
the provision of the diversity of housing choices for mixed incomes. He stated the
original project included mixed- income and this project does not. Mr. Dorling stated the
staff report goes into the history of the projects that did not include mixed - income and
those are the developments of the past that are being torn down as failures. He stated the
new thinking is that developments with mixed - income are successful. Mr. Dorling stated
staff believes that the stability of the neighborhood will be affected negatively with a
100% low - income project. Also, Housing Policy Objective B -2 talks about the provision
of housing types and the make -up of the developments and this project does not meet
those criteria. Mr. Darling stated with respect to compliance with the LDRs, the City has
a density bonus program and this type of development was not envisioned when the
density bonus program was created. Staff assumed that a developer would not step up
and provide more than the minimum workforce housing components and as such the
density bonus program which is in effect for anything over 12 units per acre (this
development is 17.4 units per acre) states "that for every workforce housing unit the
developer builds a calculated number of market rate units greater than that would be
allowed otherwise may be built ". Mr. Dorling stated even if the City were to accept the
base 12 units per acre at 100% affordable which in normal scenarios is a combination of
affordable and market rate units, this bonus program would require any of the bonus units
(in this case 60 units) to be market rate units. He stated all these units are affordable
units and it is inconsistent with the LDRs in that respect and is not eligible for the density
bonus program which they are applying for through this conditional use. Mr. Dorling
stated at a minimum the LDRs require that 60 of these units be market rate units and none
are. He stated there is an emphasis throughout the density bonus program which talks
about a mix of market rate and workforce housing units and the required ratio of
workforce housing units being required to be consistent with those provided in the market
rate component. He stated this is not consistent with the LDRs or the density bonus
program. Mr. Dorling stated the applicant asserts that the plan is not specific that each
and every development within the Southwest Plan should have an individual component.
Mr. Dorling stated a development of this size given the size of the neighborhood should
have a component whether you agree with the concept that it should be for individual
smaller projects. Mr. Dorling stated this is a large project (192 units) and he believes it
will have an effect on immediately adjacent developments of the 326 development
approved to the south which includes a mixed - income portion and a potential 344 units to
the north for a total of 862 units. He stated the applicant mentions that there is no market
for mixed- income projects at this time. Mr. Dorling stated they are correct that there is
no market for mixed- income projects but with that said staff feels it would be appropriate
for the market to return. However, Mr. Dorling stated you do not build something
inappropriate and bad for the neighborhood just for the sake because we have the money
at this time. He stated with regard to affordability, the applicant contends that this would
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provide options not currently available. Mr. Dorling stated these options would be
available under the current mixed - income scenario approved for this project which
included 66 units of workforce component and it also would be provided with the
potential 53 units that are provided for in the approved development to the south and
potentially units to the north which would include a minimum of 29 units for workforce.
This would be provided under a mixed - income scenario which has historically provided a
better quality of life for the residents within that development and the residents within the
surrounding communities. Mr. Dorling stated the applicant makes the argument that this
development will attract a mixed- income of firefighters and police officers; however, he
feels in reality people who already live in this neighborhood are more likely to gravitate
to this development. if in fact that is the case, this would serve as a disincentive for the
above type professionals to locate in this development. Also, he stated this type of
development in the middle of a larger development would have a negative impact on
adjacent developments (the one approved to the south as well as the development that
will come before the Commission for approval to the north). Mr. Dorling stated he finds
it highly unlikely that a market rate development would be successful immediately
adjacent to this type of development. He stated the City could get a request in the future
because the project that is approved to the south is not economically viable he would
contend that we would get a request to do something similar to this on the property to the
south because it does not work otherwise. Mr. Darling stated if you do that and the City
gets the same request to the north as well there will be potentially 877 rental units of a
low- income category in the middle of this neighborhood and believes that it will be
negative to that entire neighborhood. He stated in the report from the applicant it refers
to this type of development in New York that created some positive effects to the land
values next to it. Mr. Dorling stated we do not need to even consider that because we
have history that says otherwise. He stated we have Auburn Trace at that site and that
has not created a positive effect on property values and that has been there for 15 years.
At its meeting of August 27, 2009, the Community Redevelopment Agency
(CRA) considered the conditional use request and unanimously recommended denial; at
its meeting of September 21, 2009, the Planning and Zoning Board also unanimously
recommended denial because it failed to be consistent with the Comprehensive Plan,
LDRs, and with the Southwest Neighborhood Plan. Staff recommends denial of this
proj ect.
Michael Weiner, 10 S.E. 1st Avenue, Delray Beach (representing „the
Applicant), stated the project is referred to as the Village of Delray and this project was
granted a prior conditional use and a waiver. Mr. Weiner stated there have been some
changes to the project and he briefly reviewed those changes. He stated the project is less
density per unit per acre and there are more parking spaces per unit, much more open
space and a decrease in the traffic trips. Mr. Weiner stated physically the City approved a
larger project on this site and they have made it smaller. The most prominent feature of
the new site plan is the green areas. He stated this is not the old project and is not Carver
Estates. Mr. Weiner stated there are crime preventing policies such as background
checks and 24 -hour security. He stated there will be activities for the children and
association with non -profit organizations will also be part of this project. Mr. Weiner
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stated with regard to the waiver all four (4) criteria are met and they agree with all the
conditions; however, he stated the one thing that has changed is the program will be built
under a tax credit housing program that requires renters to qualify an income level of
60% of the Area Median Income (AMT) of Palm Beach County. Mr. Weiner stated the
AMT is a sliding scale based on the number of family members in a family unit and
recalculated every year (income level of up to $50,000.00 depending on the family size).
He stated according to a market study the level of income includes about 70% of the
people that are in a one mile radius. Mr. Weiner stated the fact that most families above
this income level desire a form of homeownership rather than rental the project is
inclusionary not exclusionary. He stated people who qualify for this project are mostly
teachers, first responders, and municipal employees. Mr. Weiner made reference to the
Consolidated Annual Performance and Evaluation Report (CAPER) which categorizes
the mixed incomes (i.e. very low, low, and moderate). He stated their project is 60% of
AMI and noted they have category #1 (very low) and #2 (low) covered and they have a
substantial portion of category #3 covered (moderate). He stated to be mixed - income
does not mean that you have to cover everyone who makes one dollar to tens of millions
of dollars; it only means that you have to have a variety of incomes and this is what they
have. Mr. Weiner stated people would receive income vouchers (Section 8). He stated if
after you qualify and any family should exceed 60% of AMI, they are not asked to leave;
it allows for upward mobility and noted you just qualify once. Mr. Weiner stated this
program means that 70% of all households in the area will qualify. Mr. Weiner stated to
classify this project as not having a mix of income is wrong. He stated the Southwest
Plan states that it should retain existing housing choices and specifically identifies this
particular project in areas being retained. Furthermore, Mr. Weiner stated the Southwest
Plan states that residents that wish to remain in the area should have reasonable
opportunities to return to the area once the development or redevelopment projects are
completed. Mr. Weiner stated originally between Carver Estates and Auburn Trace there
were more than 300 affordable units. He stated considering that Carver Estates will be
replaced with only 192 units they are actually doing the minimum that the Southwest
Plan requires in order to mitigate displacement, Mr. Weiner stated this particular rental
project is part of a much greater plan for the Southwest area that would include other
housing options for additional income categories. Mr. Weiner stated the staff analysis of
the Comprehensive Plan and the staff analysis of Article 4.7 are wrong and noted they are
mixed units. Mr. Weiner stated physically nothing has changed with this project except it
has gotten smaller, better, and in a sense assisted those people who will be moving into
this new project. He stated what has changed is a requirement in order to get funding
under the American Recovery and Reinvestment Act (ARRA) to say that when people
walk in they have to qualify at a certain level and is a qualification met by 7 out of 10
people in the area. Mr. Weiner stated in his opinion staff failed to analyze that they were
mixed income and if they had realized that when they turned to the resources they found
they would have understood that we fall under the same academic sources that both he
and staff have quoted. He stated they are compatible with the Comprehensive Plan, they
do meet the Southwest Plan and with regard to Article 4.7 they are below the number of
units required. Mr. Weiner stated they meet all the requirements and he knows that the
Commission understands the logic of how this cuts in favor of the community, the
creation of jobs, the project, and the City's faith in those people who will be taking the
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Southwest area forward.
The following individual gave a brief rebuttal:
Mr. Dorling stated Mr. Weiner talked about 70% of people qualifying for
this project and asked if they will be accepting Section 8 vouchers in this project. Mr.
Dorling stated if they do, it will affect the ability or desire for the 70% of the people to
locate here.
Cito Beiuiristain, Developer, stated those with Section 8 vouchers will be
able to apply just like everyone else. He stated they are going to have an aggressive
marketing campaign like they did previously with Village Square before the economy
went down but they are going to reach out to the School Board who is a housing
assistance partner in this development, with the Sheriff s office, the Delray Beach Police
Department, the City, and the County to reach out to those essential employees to try to
get as many essential workers as possible. He stated if a person with a Section 8 voucher
applies and qualifies meeting all the background checks, etc. they will accept them and
not discriminate against them.
Mr. Weiner had no cross - examination.
Mayor McDuffie 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.
Gerry Franciosa 939 Eve Street Delray Beach FL 33483 speaking as
President of P.R.O.D. (Progressive Residents of Delray), stated after careful
consideration of all the facts PROD's Board of Directors vote to support this
development. Mr. Franciosa stated he and others personally visited the properties of
Auburn Trace and the surrounding areas on several occasions. He stated the Auburn
Group has over the past 20 years won 4 awards from the National Association of
Homebuilders for building the finest affordable housing in the country. The Auburn
Group has supported the City's non - profits with thousands of dollars in contributions to
the Spady Museum, the TED Center, the Achievement Center, the Milagro Center, and
supported the Southwest area's festivities. Mr. Franciosa stated the majority of funding
for this project is being supplied by the Federal stimulus program money which amounts
to $27 million which is earmarked for affordable housing. The Auburn Group has
assured PROD that the money is available through the Florida Housing Finance
Corporation. He stated the unemployment rate in Palm Beach County at the present time
is currently over 10% and if the development moves forward Auburn has assured PROD
that they will hire as many City construction related businesses as possible and as many
City residents to work on the project that apply. Mr. Franciosa stated he recently sat
through numerous budget hearings and the consensus was that the Commission would
begin to look at how the City can raise additional revenues. He stated the Auburn Group
estimated to PROD that the City will receive $1.5 million in revenue if the development
goes forward. Mr. Franciosa urged the Commission to not exclude hard working
individuals from affordable housing in an affordable neighborhood. This will be a new
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modern facility with a clubhouse and a pool, new meeting rooms, new improved
playgrounds, and across the street from this development are an elementary school,
middle school, and high school. He stated the development will have 24 -hour security
and the entire community will be gated.
Dorothy Ellintiton,_ President /CEO of Delray Beach Housing
Authority, stated this morning they received the proposal from Auburn Developers
which attempts to solve the outstanding issues. Ms. Ellington stated although she feels
this proposal is in line with what the Delray Beach Housing Authority has in mind, the
official position of the Delray Beach Housing Authority can only come from the Board
and noted she has called a special meeting of the Board for Thursday, October 8, 2009 to
consider this proposal. Ms. Ellington entered the proposed agreement into the record.
Arthur O'Brien speakin2 on behalf of PEACE (People Engaged in
Active Community Efforts Organization, 807 33'd Street West Palm Beach FL
33407, stated the PEACE Organization has 24 member congregations and the combined
membership of these congregations are in the tens of thousands. Mr. O'Brien stated they
are diverse ethnically, religiously, represent a broad range of financial incomes, and their
mission is to work: for justice in the community. He stated their leaders in congregations
have been overwhelmed by the crisis in affordable housing and hard working people are
suffering. Mr. O'Brien stated affordable housing for those with incomes of 60% and less
of the Area Median Income (AMI) is a dire problem in this community and PEACE
supports any initiative to tackle this crisis.
Christina Morrison Pearce, 2000 South Ocean Boulevard #307, Delray
Chairman of
he Housing Leadership Council of
Beach FL 33483 {speaking as Vice Ch,.,. , .
Palm Beach County), stated the HLC was founded in 2006 by the Economic Council,
the Business Development Board, and several of the Chambers of Commerce throughout
the County including the Delray Beach Chamber of Commerce. Ms. Pearce stated these
business leaders saw the dire need to provide and ensure a varied, orderly, decent and
continuing stock of affordable housing of all types for the many industries and employers
that the Economic Council, Business Development Board, and the Chambers work with
on a daily basis to bring them to Palm Beach County. Ms. Pearce urged the Commission
to approve this development.
Betty Goodman, Delray Beach Housing Homeowners' Association,
urged the Commission to really study this plan and come up with something that is good
and appropriate for the neighborhood. Ms. Goodman stated in the past they have seen
things that were supposed to be built but when they were built it was a different story.
She stated there is enough traffic in this area and the children have to cross from Village
Academy across the highway to get to their homes. Ms. Goodman stated this is a
dangerous area and when the children are going to school and coming home from school
it is not safe. Ms. Goodman stated she has lived in Delray Beach her entire life and has
seen a lot of changes and a lot of things that have stayed the same. She stated the Delray
Beach Homeowners' Association was told there would never be another Carver Estates.
She stated if these buildings are built and not maintained we will have another Carver
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10/06/09
Estates. Ms. Goodman stated the community is against this project.
Stephanie Scott Johnson Executive Director for the Mila ro Center,
stated she works with disadvantaged children and supports this project. She shared the
project with many of her families who may qualify to live in this community. Ms.
Johnson stated she has a petition with approximately 400 signatures of people who live in
the Delray Beach community who wish to support this project. She stated everyone
should have an opportunity to live in a beautiful, safe environment and one that promotes
healthy families throughout our community.
Ron Davis, representing the National Association of Minority
Contractors of the South Florida Chapter, stated they support this project and have a
commitment from the Auburn Group as well as the current builders to include minority
contractors. Mr. Davis stated they have an interest in this project and in quality
neighborhood development. He stated he represents contractors' interests in hiring local
people and other subcontractors in this area have the opportunity to work with the general
contractor. Mr. Davis stated this is a good viable community development project to
revitalize and stabilize the southwest area of Delray Beach and looks forward to working
with current builders as minority subcontractors and looks forward to hiring local persons
who live in this area to work on this project.
Officer Wesner, speaking on behalf of the Delray Beach Police
Department, briefly spoke, about CPTED (Crime Prevention Through Environmental
Design) which he and other officers are part of and it is their standing that they would
like to see for areas to be developed in viable communities that is going to bring a safe
and positive overall employment in the City in general. Officer Wesner stated as stated
by the Planning and Zoning Director this particular project is likely to impact 862 other
units and it is the Police Department's standing that this project will potentially impact
the entire City one way or another depending on the viability and how positive or
negative effect of what takes place at this project. He suggested that the approval be put
off until the project meets more of their concerns. Officer Wesner stated there are still a
number of concerns that they have as crime prevention practitioners that have not been
met (i.e. lighting, density issues, and the way the buildings are designed at this point they
leave no defensible spaces of resident ownership). He stated these are important issues
that come into play when you look at crime and the potential for crime to grow in the
area. Officer Wesner stated as the CPTED team has looked at this including Officer
Jeroloman, Lieutenant Woods, and numerous others from the Police Department, it is
their concern that the project in general meets more of their concerns as far as
environmental factors that can affect crime.
Kevin Warner, 248 Venetian Drive Delra Beach FL 33483 stated he
likes elected officials who talk the talk and walk the walk. Mr. Warner briefly discussed
the transitional housing ordinances. He stated Fire Station #2 has had a lot of talk about
being under funded, it is temporary, and that there are not as many vehicles during the
budget meetings but when it came time to vote for the budget that individual
Commissioner voted against the budget that the other four approved. In his opinion, Mr.
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10/06/09
Warner stated that individual is more interested in getting re- elected than trying to find
more money that could be used to adjust the situation. He stated the Commission has a
chance to vote "yes" to $27 million, vote "yes" to a bigger tax base in town, and vote
"Yes" for more jobs for local roofers, electricians, construction workers, plumbers.
Carolyn Zimmerman, 212 S.W. 2nd Avenue, Delray Beach, FL 334442
stated she has lived in the southwest area for several years and has watched the
deterioration of different things that were built or became useless because nobody took
care of them. She stated there was a plan from Auburn Trace and the Delray Beach
Housing Authority to bring a mixed use of housing and now the plans have changed
without the residents' knowledge. Miss Zimmerman stated this is 192 units and part of
the current Auburn Trace approximately 400 units and noted this will bring close to 800
cars in front of three schools every day. She stated Auburn Trace already has many
vacancies and needs to take care of what they already have. Miss Zimmerman stated if
you drive around town on each street there is either a "for rent" or "for sale" sign right
now. She stated Planning and Zoning Board, City staff, and the community that lives in
the southwest and northwest area does not like this plan. Miss Zimmerman stated
everyone liked the original plan which proposed mixed use and everybody was going to
have something but now everything is turned around when they heard the stimulus
package come along that now they can make some money.
Rosetta Rolle, 301 N.W. 15t Avenue, Delray Beach, FL 33444 (President
of the Delray Beach Voters, League), stated she does not feel this is the right time for
this project and urged the Commission to defer this project. Mrs. Rolle stated there are
already too many vacant projects now and feels if the project remains vacant for too long
it will become a slum,. She urged the Commission to populate what they already have
and take the stimulus money and do something with the infrastructure and then when the
economy gets better the City can look at adding housing stock to Delray Beach. Mrs.
Rolle urged the Commission to defer this project for the good of all of Delray Beach.
13th Avenue, h? FL 33444
Ann Stacey- Wright, 102 S.W. ,.,,. Delray Beach,
(President of the Atlantic Park _Gardens Neighborhood Association), inquired about
who will manage those additional apartments to make sure that we do not have what we
have there now. Ms. Stacey - Wright stated there are signs by the road advertising rentals
and 192 units will be built among rat - infested apartments and most importantly the
number one pharmacy in the community (not CVS or Walgreens). She stated the
development is so poorly managed that if you want to visit relatives you better do it
during the day hours. Ms. Stacey - Wright stated that crime has increased to the point that
those who are building new homes in the area have to hire security to protect them to
make sure that everything is not taken away the night before. Ms. Stacey -Wright stated
we are in a recession and asked if there is going to be some type of background check on
those people who will rent these apartments. She asked if the studies include the selling
of the vacant homes in the Atlantic Parks Gardens neighborhood and the vacant ones in
Auburn Trace. She stated the traffic will increase significantly and there are three
schools in the area transporting children in and out of the neighborhood and safety is an
issue that has not been taken into consideration. Ms. Stacey- Wright stated it takes 3 -8
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10/06/09
minutes during peak hours to enter onto 12th Avenue from 1St Street, 4th Street, exiting
from the two school drop -offs, and Auburn Trace. She stated it can take up to four traffic
lights to make a left turn onto Atlantic Avenue to enter the 1 -95 ramp. Ms. Stacey - Wright
stated the neighborhood is against this project and urged the Commission to deny this
project at this time.
Deborah Roundtree, 1129 S.W. S"' Street, Delray Beach, FL 33444,
expressed concern over what is going to be built in her backyard. She stated she had
Carver Estates and Auburn Trace there and neither one were kept up to par.
Herman Stevens, 221 S.W. 13th Avenue, Delray Beach, FL 33444x
stated the two entities that have an interest in this matter is the City and its residents and
the other is Auburn Development. Mr. Stevens stated one's interest is purely financial
and the other's interest is the citizens and the building of families and to have a healthy
environment in which to do so. Mr. Stevens stated the decision to allow the Auburn
Group to move forward should be based on the following: (1) is the sole purpose of this
endeavor to benefit Auburn's financial interests; what is the benefit to the City? (2) Does
Auburn have to demolish the existing units and build new ones? (3) Is it more feasible to
enter into an agreement to refurbish and remodel the existing structures? (4) What is the
occupancy level of the existing structures? (5) If the project is approved and allowed to
move forward what will happen to the existing structures on the Auburn land that are not
going to be torn down and built back up? (6) How will the project impact future
development in the area specifically where Carver Estates once stood and also the
neighboring communities (7) If Auburn is allowed to go forward how many families are
going to be displaced? (8) What will happen to these families while this proceeds forth?
(9) What are Auburn's long range plans with regards to security? (10) What is the rush?
Mr. Herman stated there are number of petitions that are against this project and urged
the Commission to delay their vote.
Michael Brown, 6036 N.W.
45th Terrace, Coconut Creek, FL
worker), stated he does not live in Delray Beach but y
(construction w, works in Delray
Beach, stated he worked for a company called Art Stone Construction and they did some
work for the Auburn Group and he worked on the Boynton Bay project in Boynton
Beach. Mr. Brown stated they were supposed to work on the Villages of Delray Beach
and because of the economy it caused the project to not happen. He stated there are many
people that are opposed to this project and others that are strongly in favor of it. Mr.
Brown stated everybody has their point of view and everybody would like to see the
things they would like to have happen. He stated as for him and his family and for many
families that live in the community he works there and sees the conditions that are there.
Mr. Brown stated he has seen many improvements in Auburn Trace and noted although it
is not the most wonderful community but neither is the surrounding community. He
stated he has not heard about any of the children crossing the street getting hit by any cars
or buses. Mr. Brown stated mid- income people and low income people will come to this
development. He stated he has been to Auburn Trace and the surrounding area late at
night and noted some of the places are dirty because some of the people do not know how
to take care of themselves and often times they are brought into a community like that it
15
10/06/09
just remains the same. However, Mr. Brown stated if you give the community something
new and show them how to take care of it and it will be maintained. Mr. Brown stated he
believes that this project can work in this community.
Adalaine Wilson, 305 S.W. 10th Avenue, Delray Beach, FL 33444,
opposes the project. Ms. Wilson stated this project will impact all residents, tourism, etc.
Ms. Wilson stated this would be creating more of the same of what was already there and
it had to be destroyed. She stated the proposed project will take us backwards because it
offers no consideration for the surrounding community and for those people who are
trying to maintain their property values. In addition, Ms. Wilson stated it offers no
consideration to the elderly or consideration to the citizens who are not aware or not
informed as to what is really going on.
Vonnell Benes, 1145 Auburn Circle, Delray Beach, FL 33444, stated she
is a teacher and lives in Auburn Trace and is looking forward to the project happening.
Ms. Benes stated the clubhouse area is currently dilapidated and the basketball courts are
not in the greatest condition. She stated that project is going to give the kids a place to
play, a daycare, and will make it look better to help bring more people in. Ms. Benes
stated if she is a teacher and can live here then why can't other people come here.
Sylvia Collins, 1.145 Auburn Circle, Delray Beach, FL 33444 (Auburn
Trace ), stated she is a businesswoman and has lived in many places. Ms. Collins stated
Auburn Trace is not the best place but it is not the worst place but it is the happiest place
she has ever lived in.
Abraham _Wooten, 41 S.W. 14th Avenue, Delrav Beach. FL 33444.
stated in order to know a city you have to live in the city. Mr. Wooten stated they are
going to hire people to do the work from other cities and not from Delray Beach. In his
opinion, Mr. Wooten feels that the Auburn Group only cares about its stakeholders. He
urged the Commission to be fair and balanced on this decision.
Michael_ Sneiderman, 2105 Lavers Circle Unit #211, Delray Beach, FL
33444, stated he moved to Delray Beach and opened a business 15 years ago and at a
meeting of the Chamber of Commerce where he was introduced to the town the Auburn
Group was introduced to the town. Mr. Sneiderman stated as a business owner things are
tough right now and it takes a company forward thinking like the Auburn Group to take a
positive step that is going to bring jobs to guys like him and his family and all of the
people he works with in this town. Mr. Sneiderman stated as a property owner and
business owner in Delray Beach, he applauds the Auburn Group for taking this positive
step in bringing this project to Delray Beach.
Charles Reid, 4375 Sanctuary._ Lane, Boca Raton, FL 33431 (contractor
for Current Builders ), stated he understands the whole affordable housing from a
contractor's perspective. Mr. Reid stated he has seen the transition of what was built 10-
15 years ago to what is being built now. He stated they built affordable, market rate,
condominiums. Mr. Reid stated as far as the aesthetics it is as nice as what they build in
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10/06/09
a market rate project. He stated he has been on a workforce development committee with
AGC (The Associated General Contractors of America) for the last six years and what
their committee does nationally is to try to rule out ways where they can get communities
and people into the industry. Mr. Reid stated he is also on a Board called the National
Center for Construction Education Research and this was the group that provided the
material for apprenticeship programs that got New Orleans back on their feet. Mr. Reid
stated in August 2009 nearly one out of three jobs was lost in construction. He stated he
saw a sign that the jobless rate in Palm Beach County is 11.3% and noted that
construction is approximately 25 %. Mr. Reid stated his job is to create jobs within the
community and would like to make sure that they make the commitment to have people
hired such as small businesses, minority businesses, and women owned businesses in
Delray and keep a certain number of the projects within Delray Beach.
Pauline Moody, 609 S.W. Sth Avenue, Delray Beach, FL 33444,
opposes the proposed project and briefly discussed the $27 million Federal funding. Ms.
Moody stated you can't have one side of Auburn Trace built up and have the other side
filthy.
Mike Jackson representing the Florida Gold Coast Minority
Contractors Association stated they oppose this project.
Richard K. Cara 5161 N.E. 30th Avenue Pompano Beach FL with
Current Builders), supports the project and as a company they support education. He
stated he is on the Current Builder's University Committee for education and has been
under the AGC apprenticeship program as chairperson for the last seven years promoting
education to trades people. Mr. Cara stated they just finished two affordable housing
projects in Pompano and they are beautiful. He stated they will get the southwest
community involved in the project and they set up a job fair when they went to Pompano
and noted there were over 200 participants from the neighborhood and over 50 vendors
and subcontractors looking for people and did employ people from the neighborhood.
Mr. Cara stated they had an introduction to apprenticeship carpentry class that they
provided the city, two introduction classes and out of the group 20 signed up for the class
and out of that group two showed interest to join the AGC Apprenticeship Program in
Hallandale Beach. Mr. Carr stated he told them if they would travel to Hallandale Beach
they would support them and give them a scholarship. He stated they have been involved
in the program for about 11/2 years and in four years they will be journeymen carpenters.
Mr. Cara stated they look forward to working with the Southwest neighborhood and they
want to involve the people there and give them something they can be proud of
Bunny Elrod, 302 S.W. Vt Avenue, Delray Beach, FL 33444 (President
of the Merritt Park Homeowners' Association was on the original
Northwest /Southwest Planning Commission, and is currently on the
Northwest/Southwest Steering Committee ), spoke about the stimulus money and the
speculation of the advisability of giving stimulus money at all. Ms. Elrod stated the
Planning and Zoning Board, the City staff, and the community is opposed to this
development. She stated the community was never consulted and they tried to speak with
17
10/06/09
the Auburn Group and they refused to meet with them. She stated this money is
entrusted to Auburn Developers who already have a failed project in this same
community. Ms. Elrod stated how do we explain a low- income rental community where
there is already a low- income rental community built by the same developer that is an eye
sore to the community and half empty. In addition, Ms. Elrod read into the record a letter
written by Carolyn Clay, 1000 Ocean Terrace, Delray Beach.
Bill Schiltz, 106 S.W. 7th Street, Delray Beach, FL ,334441 strongly
opposes the Village of Delray development in the farm now proposed. Mr. Schiltz stated
the Southwest neighborhood agreed with Auburn's original proposal because it was
supposed to be a mixed -use and mixed - income development. He stated the community
envisioned a mix of apartments, townhouses, and single - family homes because that is
what the developer promised. Mr. Schiltz stated people in the Southwest neighborhood
do not want this development and do not feel we need it because on his block alone there
are three properties for rent, three empty properties, and an empty lot. He stated
yesterday he drove around the Southwest neighborhood to get a sampling of what is
available and in ten blocks there were five properties for rent, five for sale, four empty
houses, and sixteen empty lots. Mr. Schiltz urged the Commission to reject this proposal
and stated they are willing to work with the Auburn Group to find common ground but
they do not want it to turn into another Carver Estates. He stated to his understanding a
new proposal has been put on the table this morning and feels the Southwest
Neighborhood Association should get an opportunity to review that. Mr. Schiltz stated
he does not reject the project and suggested that the Commission at least delay the vote
and see what the new package contains.
Jean DePonte 201 S.W. 11�h Avenue Delray Beach FL 33444 Atlantic
Gardens is opposed to the proposed increased density; however, she stated it does not
mean she is against low- income housing, Ms. DePonte stated we need a better proposal
that would benefit all the residents of the Southwest neighborhood in Delray Beach at-
large. She stated many of residents of the Southwest neighborhood as well as the land
trust and CRA have major investments in this neighborhood. Ms. DePonte stated
maintaining home values and future investment in this neighborhood is a major concern
and also increased crime is a concern. She stated we need low- income housing but we
also need single - family housing and some financial assistance to help people with
homeownership. Ms. DePonte stated she understands there is stimulus money of $27
million with possibly an additional amount of $10 million available. She stated a lot of
people can be helped with this money and jobs can be created; however, we first need the
input of the community and what the community wants to see happen. Ms. DePonte
stated there is additional acreage and we do not know what will be developed there and
feels we need to know that beforehand because coupled with this proposal it will impact
the community dramatically in the future.
Richard T. Schaper, 645 Lakewoode Circle West Delray Beach FL
33445 (The Hamlet), made reference to an article written by Maria Herrera in Saturday's
Sun - Sentinel News and was ecstatic that Delray Beach is getting a huge infusion of cash
from the stimulus money. Mr. Schaper stated he cannot believe that anyone would vote
W.
10/06/09
"no" and turn down a $27 million project that would put many people in our city to work
building homes. He stated this is what the stimulus money was intended for.
Reverend Herbert Young, 407 S.W. 5th Avenue, Delray Beach, FL,
33444, stated he has lived in Delray Beach his whole life and has seen it grow. Mr.
Young urged the Commission to vote "no" on this project because of the fact that when
he was building his church on Lake Ida Road he had such a hard time getting the
Commission to approve a conditional use because of the traffic. He stated he has three
grandchildren that attend the school north of the proposed project and safety should be
the primary issue. Reverend Young stated he travels this road constantly and bringing
this project into this area will only be a threat to the children crossing the streets going to
school and coming home. He stated we need places for people to live but this is the
wrong place for this.
Marsha Bean, Priest of St. Matthew's Eniscobal Church. Delrav
Beach, stated as a religious leader in this community she stated one of her jobs is helping
people see beyond what they cannot see and helping them do that together. She urged the
Commission to vote "no" for this project to give them a chance to get together so that
everyone together can see beyond what we do not see.
Joe Gray, President of JEG Urban Planning Associates, speaking on
behalf of the Southwest/Northwest Steering Committee, stated he had the privilege of
drafting the plan in conjunction with several hundred community stakeholders who
provided insight during that planning process. Mr. Gray stated the Southwest Plan was
intended to provide a guideline for redevelopment of the southwest area and to ensure
that the people who live in that community have a voice in the redevelopment process.
He stated there were two things that permeated all of their discussions after
approximately a year of meetings. One was livability and the community wanted to
make sure that whatever happened there that the place would be a livable community that
they would be comfortable in and the second was self determination.
Pastor Barr, St. Paul Missionary Baptist Church, 46 S.W. 101h Avenue,
Delray Beach, stated he is not a resident of Delray Beach and asked the Commission to
consider the aftermath. Pastor Barr asked if the Commission is ready to move forward if
the people who have elected and trusted the Commission are divided.
Chuck Ridley, 210 N.W. 2 "d Avenue, Delray Beach, FL 33444, stated he
loves the Southwest section and asked to sit down with the Auburn Group to work this
out to find the middle ground. Mr. Ridley stated he wants jobs for people in his
community and noted they do not want to saturate their neighborhood with affordable
housing not knowing what is going to happen with the 18 acres of Carver Estates or
knowing what is going to happen on the remaining 19 acres of Auburn Trace and the
proposed project is 11 acres. Mr. Ridley asked for the 18 acres back and noted this is the
public's land. He stated the $27 million will stimulate something for the community.
T
10/06/09
Dr. Victor Kirson, lives and is the President of the Board of Directors
for Tierra Verde at Delray Beach (speaking for the 64,15 ,.,,..,,,..
�' 0 residents that are not
resent ), stated a prominent Commissioner said at a lot of meetings that he hears 50
people speak at a meeting; he gets 200 emails but there is 64,200 residents out there. Dr.
Kirson stated he wants the $27 million and the additional $10 million from the Auburn
Group. He stated the residents want the jobs and they want to be able to pay for their
cars, mortgages, and they want to see the businesses make millions of dollars out of this.
Dr. Kirson stated he would like to see more for the residents and he is not giving up $37
million that the rest of Delray Beach can use.
There being no one else from the public who wished to address the
Commission regarding the conditional use request, the public hearing was closed.
Paul Dorling, Director of Planning and Zoning, stated the applicant's
attorney discussed the 70% ratio and people who were qualified to live here and therefore
it is truly a mixed income project. Mr. Dorling stated he raised the Section 8 issue to
highlight the effect that this and similar factors would have on the reality of whether this
truly becomes a mixed income project as represented by the applicant. He believes it will
not. The applicant's attorney also indicated that it is not germane to address this
development's impact on adjacent multi - family development. Mr. Darling stated the
Commission must consider the impact of this on adjacent properties as it is identified in
the Future Land Use Element and Housing Element which requires that projects not have
a negative effect on adjacent properties. He stated staff feels that a project that is not a
mixed income project will have a negative impact in the surrounding properties. Mr.
Dorling stated the density bonus program is an incentive program intended to encourage
developers to build affordable owned units and rental housing within the City and for
every workforce housing unit that the developer builds, a calculated number of market
rate units greater than would be allowed can be built. Mr. Darling stated this requires at a
minimum this development to be consistent with that workforce housing section to have
sixty (60) market rate units and noted it does not have any. Mr. Dorling stated this
project is inconsistent with the Comprehensive Plan particularly objectives and policies
in the Future Land Use Element, Housing Element, and the Southwest Neighborhood
Plan. He stated this is a conditional use request for an increase in density pursuant to the
workforce housing ordinance and is not consistent with LDRs or the workforce housing
ordinance.
Michael Weiner stated market rate units can take Section 8 vouchers and
there is no protection in making these market rate units with respect to vouchers or no
vouchers. He stated market rate in LDR Section 4.7.4. is not an obligation. Mr. Weiner
stated LDR Section 4.7.4 which is the Southwest neighborhood only uses the word
"bonus units ". Mr. Weiner stated management is different than it was 20 years ago and
they have larger reserves and they are not the Carver Estate program. He stated OPTED
(Crime Prevention Through Environmental Design), they have a great Board, and that is
where the CPTED items are worked out and noted they would like to work with the
Police Department on whatever they have not met so far. Mr. Weiner stated the
Commission is approving the conditional use and they can let the Site Plan Review and
20
10/06/09
Appearance Board take over that roll and let the applicant meet with the Police
Department and satisfy them on whatever it is they would like with respect to safety and
security. He stated this project brings safety and noted there will be security systems,
alarms, security and guard services, and traffic calming. Mr. Weiner stated now all of
these new kinds of items addressing concerns will be built and will take place. Mr.
Weiner stated this is not $27 million of General Obligation money but is $27 million
earmarked for this particular project. He stated there is a settlement agreement that takes
back the 18 acres right and under those circumstances allow them to go forward knowing
full well that the 18 acres will go back and the earmarked funds will go where they are
supposed to go and noted that they meet the 26 requirements of that particular project and
have mixed income.
Commissioner Fetzer stated there was a lot of good public input on this
public hearing and sincere comments from the residents. Mr. Fetzer stated this has been
a difficult issue as we are faced with many difficult issues right now and have been faced
with recently. Mr. Fetzer stated with regard to the $27 million stimulus money and
whether we should leap at the opportunity to get that or consider the impact of what we
are doing with this project on the neighborhood, he would prefer to do that. He stated he
was on the Commission when they previously approved this proj ect under different terms
then what is being presented tonight. Mr. Fetzer stated staff, the Planning and Zoning
Board, the Community Redevelopment Agency (CRA) recommends denial and staff
points out that this is not consistent what is being proposed with the Comprehensive Plan,
the Southwest Neighborhood Plan, the LDRs, and the Workforce Housing ordinance.
Mr. Fetzer stated he is not an advocate of seeking the stimulus money under these
circumstances. He feels this is a bad project for the way it is planned for this
neighborhood and does not support it.
Commission Frankel complimented staff on a great presentation; however,
he stated Bill Nelson and the U.S. Treasury Department supports this project. Mr.
Dorling stated they were asked to provide a letter of support as they are asked to provide
letters of support for many items that they may not have the full details on. Mr. Frankel
stated there are a lot of fears in the community near where the project is and stated it was
best stated by Mr. Stevens who asked several questions. Mr. Frankel feels that Mr.
Stevens's questions wrapped up the community as a whole and their concerns. Mr.
Weiner stated this project was approved much larger with greater density so physically
on the ground a smaller project with more green area cannot produce an impact that was
different than the project that the.community supported before. Therefore, it comes down
to whether or not people who earn 60% of AMI would in fact populate a new community
and perpetuate what they saw or felt with respect to Carver Estates. Mr. Weiner stated
(1) physically the project is no different only smaller, (2) maybe people are reacting
emotionally to what the program is called and not to who actually lives there because it is
themselves, (3) they are taking the extra step from a developer and from a management
company that has been 95% occupied throughout its projects to go ahead and establish
programs to make them feel comfortable because of their emotional reaction to the name
of a program that gets it financed. Mr. Frankel stated this is a very difficult decision and
during the election process he consistently heard from residents of the Southwest
21
10/06/09
neighborhood to make their area better. He stated he understands the concerns and noted
that Mr. Dorling has brought up some significant points and residents of the area have as
well. Mr. Frankel stated several months ago he met with people from the Police
Department about the CPTED report done by an FAU professor who said the project was
too dense and that there were no recreation areas and no green areas. Mr. Frankel stated
he took the report and met with representatives from the Auburn Group and asked why
this unbiased neutral third party feels this way. Mr. Frankel stated the Auburn Group
took the report and made changes to traffic and parking issues in his view. In addition,
Mr. Frankel stated they decreased the size and provided safety measures and in his view
this is a whole different project than when it was first presented. He stated it is clear that
the project will bring immediate jobs to the community and will bring tax dollars,
permitting fees, and real estate tax revenue. Mr. Frankel stated this area will be good for
local police, fire, local City employees, teachers, and clerks and feels there is a real need
in the community for affordable housing for individuals and those are examples of the
individuals. He stated the stimulus money is very important. He stated one of the things
about the Southwest Plan is to beautify and make it better and the stimulus money will
provide new sidewalks for the area, new lights for the area, new landscaping for the area,
new curbs and gutters, and overall improves the infrastructure and he believes that helps
stabilize the neighborhood. Mr. Frankel stated it has support from County Commissioner
Jeff Koons, the U.S. Treasury Department, Senator Bill Nelson, and support from
Barrack Qbama who is willing to give our community $27 million. Mr. Frankel supports
the project on the basis that Auburn pledges affordable housing for local people, pledges
jobs for Delray local people, and that Auburn made a big step with the settlement
agreement to give back the land. Therefore, Mr. Frankel stated he supports the project
tonight.
Mr. Eliopoulos stated he believes in the mixed use income and does not
feel this is about Carver Estates and feels you have to look at the history of Auburn Trace
and this is not the types of development we want in town. He stated he does not believe
that it has a positive effect on the surrounding neighborhoods. Mr. Eliopoulos stated
somewhere along the line there was 18 acres that was taken away from the Delray Beach
Housing Authority. Commissioner Eliopoulos stated he does not have a problem with
density as long as the project works but he has a problem with the first project because he
said he would not support reduced parking and they went to SPRAB and got it done. He
stated this project may have fewer units but there are more cars. Mr. Eliopoulos stated if
this project was designed the way it should be you would take the green space and put the
housing units on the green space. Instead the whole development is a racetrack of cars
and the green space is in the middle. He stated stimulus packages work if it is for the
long -term and feels the community should not be sold out for the short-term. Mr.
Eliopoulos stated the City will get the $27 million and they are going to build this and it
is going to be low income and we will have to wait for other things to happen. Mr.
Eliopoulos stated that is short-term and as much as this money is important to him he is
not going to sell out the neighborhood for this.
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10/06/09
Mrs. Gray thanked everyone who came out and spoke this evening. She
stated she has canvassed and has spoken to the people in the Delray Heights
neighborhood who will be directly affected by this project. Mrs. Gray stated some of
these residents were aware of this project and some were not; some were concerned about
drugs, crime, and poor management of the new development. One of staff's concerns
was that this was going to be a low - income project. Mrs. Gray stated when they first
brought the mixed income change she was not in support of the project because she
thought it would be another Carver Estates. She stated after doing her due diligence and
speaking to Auburn and the Delray Beach Housing Authority she found out that the
people that the Housing Authority was servicing were very low income and that is not
what we are talking about in this project. Mrs. Gray stated the very low income that the
Delray Beach Housing Authority was servicing was from $0413,000.00 and the majority
of those people did not have an income. This project is for low income not very low
income. Mrs. Gray stated low income in Palm Beach County is from $23,000.00-
$69,000.00. She stated she qualifies and believes that over 90% of people in the audience
also qualify. Mrs. Gray stated this summer she has been out with family members and
friends looking for affordable rentals. She stated these units will be rented from $700.00-
$1,200.00 a month and noted that is not low income but is affordable. Mrs. Gray stated
this project will also create jobs in the community such as plumbing and electrical and it
is also going to support some of our businesses in this area. One of the conditions is that
we hire minorities and she believes we are going to hold them to this. Mrs. Gray stated
for those reasons she supports this project.
Mayor McDuffie thanked everyone who spoke this evening. He stated
there is no physical difference between a market rate development and an affordable
development. Mayor McDuffie stated he has checked with Auburn regarding why there
are no market rate units in this project. It is because in today's market you cannot get
that project financed because no one will loan you the money. He stated he had a
conference call with Orlando Cabrerra who used to be a high ranking official in HUD
(Housing and Urban Development) who informed him that you cannot get mixed market
and tax credits financed. Mayor McDuffie stated he also spoke to Stephen P. Auger,
Executive Director of the Florida Housing Finance Corporation/Tallahassee regarding
this issue. Mr. Auger informed him that this project is not viable in this marketplace
because in the State of Florida the revenue generated by the additional rental on the
market rate units will not make up for the loss in the tax credit units and therefore the
lenders will not make the loan because they do not trust the loan. Mayor McDuffie stated
he recognizes that the economic times have changed for us as a city and through his
research the economic times have changed dramatically on behalf of the lenders as well.
He stated the first project was a 266 market rate unit development that would not get
financed. Mayor McDuffie stated to an extent tonight the Commission has come here to
follow through with a promise that was made to the Southwest community and to give
them some affordable properties that need quality safe housing. Mayor McDuffie stated
we need to hold Auburn's feet to the fire. Mayor McDuffie stated he informed Auburn
that the project does not meet CPTED and asked them to call Officer 3eroloman of the
Delray Beach Police Department and go through with him the CPTED requirements for
the development. Mayor McDuffie stated at the time the site plan was dramatically
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10/06/09
different and all of the units were clustered on the west side and the green space was on
the east side. He stated he went back to Auburn disappointed in what he saw but Auburn
told him he has not seen the site plan since they spoke to the CPTED officer which is the
site plan Mayor McDuffic is currently looking at where the green space was taken at the
direction of the CPTED officers and split into three pieces and put into the center of the
community so that there would be green areas for the children to play and it would be in
different areas so that different age groups would be segregated to a certain extent.
Mayor McDuffie asked Marc Woods to get a list of the things that were asked of Auburn
and have not yet been provided. Mayor McDuffie stated the residents need to know who
is going to monitor the 24 -hour cameras. He stated this project is not perfect and can be
improved upon between now and the time it becomes totally approved by the
Commission. Mayor McDuffie stated approval of the conditional use approves the
density of this project. Mayor McDuffie stated per his conversation with Congressman
Klein's office, Commissioner Koons, and some of the other Commissioners in Palm
Beach County, this is widely supported project on behalf of the politicians throughout
this County and up to the Congressional representatives. Mayor McDuffie reiterated that
although this is not a perfect project and he feels it needs to be looked at very stringently
in the Site Plan Review and Appearance process but he supports this project this evening.
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. Frankel moved to approve the conditional use request for Village at
Delray, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr.
Fetzer — No; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr.
Eliopoulos — No. Said motion was approved with a 3 to 2 vote, Commissioner Fetzer and
Commissioner Eliopoulos dissenting.
At this point, the time being 9:28 p.m., the Commission moved to Item
9.A.1.
_ . AGE AT DELRAY: Consider a waiver
REQUESTIVILL
request to LDR Section 4.6.9(D)(2), "Provisions for Ingress and Egress ", which requires
that vehicles must enter and exit parking spaces onto the street in a forward manner on
travel ways exceeding 200 Average Daily Trips (ADT). (Quasi - Judicial Hearing)
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor McDuffie asked the Commission to disclose their ex parte
communications. Mr. Frankel stated he spoke with Chuck Jeroloman, Brady Myers,
Marc Woods from the Delray Beach Police Department, Maria Herrera from the Sun -
Sentinel, Dorothy Ellington from the Delray Beach Housing Authority Board, Dr. Andre
Fladell, Michael Weiner (Attorney), the Auburn Group, ct al including but not limited to
Brian Hinners, Tom Hinners, Dawn Guzzetta and Cito Beguiristain. In addition, he
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10/06/09
spoke with Dr. Victor Kirson, Gerry Franciosa, Chuck Halberg, Herman Stevens, Brian
Shutt, Bill Wood, and Beth Johnston. Mrs. Gray stated she has spoken to Michael
Weiner (Attorney), Lula Butler, Dawn Cedel and Brian Hinners of the Auburn Group,
Captain Sims, Paul Dorling, Dr. Andre Fladell, Dean Longo, Delray Beach Heights
Neighborhood, Southwest Steering Committee, Dorothy Ellington, Mackenson Bernard,
Addie Greene, Tareka Gray, Barbara Norris, Dr. Henrietta Smith, Kenneth Gray, Alberta
McCarthy, and Brian Shutt. Mayor McDuffie stated he spoke to Tom Hinners, Brian
Hinners, Dawn Guzzetta, Cito Beguiristain, Connie Staudinger and Allan Schnier of the
Auburn Group, Orlando Cabrerra who he discussed financing with and who is Counsel
for the Auburn Group, Stephen P. Auger, Executive Director of the Florida Housing
Finance Corporation/Tallahassee, Paul Vincent from Wachovia Wells Fargo Senior Vice
President of Lending/Financing, Felicia Goldstein from Congressman Ron Klein's office,
Commissioner Jeff Koons, Commissioner Priscilla Taylor, Sharon Bock, County
Administrator, Michael Weiner (Attorney), Dorothy Ellington, Chuck Ridley, Joe Gray,
Bill Wood, Officer Chuck Jeroloman, Diane Colonna, Lisa Bright, Southwest
Neighborhood meeting of approximately 20 people that he was invited to by Chuck
Ridley, and Maria Herrera. Mr. Eliopoulos stated he spoke with Marie Herrera, Dorothy
Ellington, Chuck Halberg responded to an email, had a telephone conversation with
Gerry Franciosa with regards to possibly meeting but did not meet, had a brief
conversation with Andre Fladell about meeting with the developer but they did not meet,
Diane Colonna and Francisco Perez -Azua from the CRA and a follow -up from the
presentation that the Auburn Group made to the CRA Board, Lula Butler and Paul
Dorling (City staff). Mr. Fetzer stated he met with various representatives from the
Auburn Group such as Tom Hinners, Brian Hinners, Dawn Guzzetta, Cito Beguiristain,
Michael Weiner (Attorney), had various discussions with City staff including Paul
Dorling, Lula Butler, Maria Herrera with the Sun - Sentinel, Chuck Halberg, and various
emails that he will forward to the City Clerk's office as part of public record. At this
point, Mrs. Gray stated she also spoke with Gerry Franciosa and Dr. Victor Kirson. Iri
addition, Mayor McDuffie stated he also spoke with Dr. Andre Fladell.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2009 -221 into the record.
Mr. Dorling stated this waiver request relates to a requirement in the
LDRs which talks about any segments within a development that exceed 200 Average
Daily Trips (ADT) are segments that you cannot back out onto. This was supported in
the fact that to actually accomplish that you would diminish the amount of green space
that would be provided throughout the development and therefore the finding that it
would actually diminish the quality of life here.
At its meeting of September 21, 2009, the Planning and Zoning Board
reviewed the waiver and after brief discussion, the Board recommended approval of the
waiver request.
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10/06/09
Michael Weiner Attorney with Weiner & Aronson P.A. 10 S.E. 1st
Avenue, Delray Beach, stated there are four requirements for waivers and staff agreed
with the applicant that all four were met. Mr. Weiner stated substantial competent
evidence has been provided and urged the Commission to support.
Mayor McDuffie stated if anyone from the public would like to speak in
favor or in opposition of the waiver request, to please come forward at this time. There
being no one from the public who wished to address the Commission, the public hearing
was closed.
The City Attorney briefly reviewed the Board Order with the Commission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
Mr. Frankel moved to adopt the Board Order (approving the waiver
request), seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr.
Frankel — Yes; Mrs. Gray Yes; Mayor McDuffie — Yes; Mr. Eliopoulos — No; Mr.
Fetzer — Yes. Said motion passed with a 4 to 1 vote, Commissioner Eliopoulos
dissenting.
At this point, the time being 9:33 p.m., the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
10. PUBLIC HEARINGS:
10.A. _ORDINANCE NO. 15-09 (FIRST READINGIFIRST PUBLIC
HEARING): Consider an ordinance providing for the acceptance of the resurvey report
of Del -Ida Park Historic District including extension of the period of significance and
reclassification of properties from non - contributing to contributing. If passed, a second
public hearing will be held on October 20, 2009.
The caption of Ordinance No. 15 -09 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
PROVIDING FOR THE ACCEPTANCE OF THE
RESURVEY REPORT OF DEL -IDA PARK HISTORIC
DISTRICT INCLUDING EXTENSION OF THE PERIOD
OF SIGNIFICANCE AND RECLASSIFICATION OF
PROPERTIES FROM NON - CONTRIBUTING TO
CONTRIBUTING PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 15 -09 is on file in the City Clerk's
office.)
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10/06/09
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 consideration
of Ordinance No. 15 -09 which accepts the recommendations of the Del -Ida Park Historic
District Resurvey Report and would expand the Period of Significance (POS) and
reclassify 48 properties. The scope of work was to look at all properties within 35 years
and make recommendations with respect to whether they should be classified as
contributing or non - contributing. Mr. Dorling stated the final report was created and the
City Commission considered its recommendations on February 10, 2009. Those
recommendations included expanding the Period of ,Significance to 1970 (it currently
expands to 1943), and that 48 properties be reclassified from non - contributing to
contributing. The report also had a recommendation of listing this on the National
Register of Historic Places (NRHP) District. Mr. Dorling stated that it not before the
Commission this evening but will be pursued in the future. Mr. Dorling stated staff is
recommending that the Period of Significance extend only through 1965 rather than 1970
which would correspond with the 45 years that had been adopted for prior districts and
therefore would be consistent with what the Commission has approved to date. It is
noted that with the changing properties from contributing to non - contributing which
would affect the 48 properties they are not subject to different review critenia but they
would continue to go to the Historic Preservation Board (HPB) and continue to be
assessed from the same review criteria. He stated the only difference is that if they want
to demolish there would be changes in the level of information that they would be
required to provide if they were contributing. Mr. Dorling stated there is an additional
analysis of these properties and that is contained in the HPB report dated September 16,
2009. He noted that if a property owner within 500 feet of the district seeking a change
opposes this, a super majority (4 to 1) would be required for any action. The one
dissenting vote felt that the 50 year period that has been accepted in the past should be
one that is held to here rather than the 45 years. Mr. Dorling stated that the 45 years has
been adopted by the Commission on previous resurveys.
In addition to the property owners who supported the Ordinance, three
property owners were in attendance at the HPB meeting who spoke against the
reclassifications of their own properties (223 N.E. 5th Court — 1947, Contemporary Style,
10 N.E. 5th Street 1963, Contemporary, 228 N.E. 5th Street — 1952, Contemporary
Style). Mr. Dorling noted that the property listed as 10 N.E. 5th Street should read 10
N.E. 51h Street and one of the property owners is no longer opposed to it so that would
leave two that were opposed. Staff recommends moving forward with the changing of
the Period of Significance to the 45 years as noted in the ordinance.
Mayor McDuffic declared the public hearing open.
Joann Peart, Street, Delray Beach, FL 33444, stated Anne
Gannon sent her an email which has been forwarded to Amy Alvarez, Historic
Preservation Planner, and noted that she lives on Dixie Boulevard in Del -Ida Park and is
27
10/06/09
in favor of the new survey. Mrs. Peart stated she received a Public Notice regarding this
because they have property within 500 feet and she is in favor of the new survey. In
addition, Mrs. Peart stated another reason she is in favor of the new survey is because in
the early 1980's she lived on Dixie Boulevard and they had a wine and cheese party in
her yard to become a neighborhood association so that they then could become a historic
district. She stated at that time people were interested in raising the property values and
that did happen. Mrs. Peart stated Amy Alvarez and others are working on starting
something similar again. She stated there is a row of little traditional cottages/houses on
5'h Street and she feels that could be an adorable showcase street. Mrs. Peart stated she is
excited about everything that is going on in the historic districts now and urged the
Commission to support this ordinance.
Dan Sloan, 106 S.E. 4t Avenue, Delray FL 33483, supports the _Seach,
ordinance and stated RJ Heisenbottle Architects, Inc. is a renowned firm that has done a
very diligent job with their resurvey recommendations.
Toni DelFiandra, 14 Dixie Boulevard, Delray Beach, FL 33444
member of the Historic Preservation Board stated HPB asked the architects to re-
review it and set the date back. She noted that they discussed years as opposed to an era
and in all the papers it states how this is the post World War H era. Ms. DelFiandra
stated the baby boomer generation is 1947 -1965 and is more than one generation on a
chronological basis. She stated these houses help represent what our government wanted
to do after World War II for the Veterans.
There being no one else from the public who wished to address the
Commission regarding Ordinance No. 15 -09, the public hearing was closed.
Mrs. Gray asked what the advantages are to the homeowner by living in a
historic district. Mr. Sloan stated a homeowner would have more flexibility in terms if
you need to get a variance and you want to add some square footage to the home as long
as it is architecturally compatible you are able to do that, you can get variances for
parking and you typically have a greater sense of community because there is a stronger
association with the neighborhood. In addition, Mr. Sloan stated there is a ten year tax
exemption and if you add onto your home for qualifying improvements the taxable value
does not affect the actual amount of taxes you pay for a ten year period which is a
tremendous advantage. Mrs. Gray stated we should be consistent with all the districts
with preserving history and preservation. Therefore, Mrs. Gray supports approval of
Ordinance No. 15 -09.
Mr. Eliopoulos stated he supports the ordinance and noted the issue he had
in the past we had this item with OSSHAD going to other Boards to be reviewed
( OSSHAD District being reviewed by the DDA and the CRA). He supports the fact that
those eligible properties would be those that are at least 45 years old. Mr. Eliopoulos
stated he is happy to see that we are finally getting things in place and congratulated the
Historic Preservation Board and Amy Alvarez, Historic Preservation Planner for a job
well done.
10/06/09
Mayor McDuffie stated he is pleased that our surveys have finally come to
fruition and that we are getting an idea of what is contributing and non - contributing in
our community so we can really get a hand on our historically properties.
Mr. Eliopoulos moved to approve Ordinance No. 15 -09 on First
Reading/First Public Hearing, seconded by Mrs. Gray. Upon roll call the Commission
voted as follows: Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Eliopoulos — Yes; Mr.
Fetzer — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote.
10.B. ORDINANCE NO. 41 -09 (FIRST READING /FIRST PUBLIC
HEARING): Consider a city nitiated amendment to the Land
ty ' Development Regulations
(LDR) Section 4.4.9(G)(3)(e)l.a, "Lot Coverage and Open Space ", to allow the internal
parking lot landscape areas to be credited towards the required 25% open space
requirement within the Four Corners Overlay District. If passed, a second public hearing
will be held on October 20, 2009.
The caption of Ordinance No. 41 -09 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH,
BY AMENDING SECTION 4.4.4(G), "SUPPLEMENTAL
DISTRICT REGULATIONS ", SUBSECTION (3),
"FOUR CORNERS OVERLAY DISTRICT ", SUB-
SECTION (E), "STANDARDS UNIQUE TO THE FOUR
CORNERS OVERLAY DISTRICT ", TO PROVIDE
THAT CERTAIN AREAS ARE ELIGIBLE TO BE
COUNTED TOWARD THE OPEN SPACE CREDIT;
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 41-09 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.
Paul Dorling, Director of Planning and Zoning, stated this will allow the
required parking lot landscaped areas of surface parking lots to be counted to meet the
minimum open space requirements of the four corners. Mr. Darling stated the four
corners overlay district is at the intersection of West Atlantic Avenue and Military Trail
and was created by the City Commission on March 20, 2007. This standard is unique to
this district and it requires 25% open space as with other districts; however, in other
districts you can count landscape islands in terms of the parking to meet and in this case
you cannot. He stated what was originally envisioned was an intensity which would have
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10/06/09
included structured parking and very intense development so staff did not think it was
going to be an issue or even something that was going to be envisioned to be counted if
the four corners developed at the intensity that was allowed by this ordinance. Mr.
Dorling stated what we are seeing now partly because of the economy is that the current
developments are not reflecting that ultimate intensity and we are getting building facade
improvements and substantial parking lot and landscape improvements; however, these
interim/transitional types of redevelopment (as opposed to full intensity redevelopment)
were not initially envisioned when the Four Corners Overlay District was designed.
These transitional -type projects are unfairly penalized under the current regulations
which do not allow landscape islands to be credited toward the minimum 25% open space
requirement as they are elsewhere in the City. It penalizes them with the current
regulations which would be counted in other districts. Mr. Darling stated if and when it
develops at that bigger intensity, they would still be required to provide that 25% open
space.
At its meeting of September 21, 2009, and the Board recommended
approval with a 7 to 0 vote.
Mayor McDuff e declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 41 -09,
the public hearing was closed.
Mr. Eliopoulos moved to approve Ordinance No. 41 -09 on First
Reading/First Public Hearing, seconded by Mr. Frankel. Upon roll call the Commission
voted as follows: Mayor McDuffie — Yes; Mr. Eliopoulos Yes; Mr. Fetzer — Yes; Mr.
Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 5 to 0 vote.
10.C. ORDINANCE NO. 50 -09 (FIRST READING /FIRST PUBLIC
HEARING): Consider a city nitiated amendment to the Land Development y � -pment Regulations
(LDR) Section 4.3.3, "Special Requirements for Specific Uses ", by enacting Subsection
(LLLL), "Medical Offices ", to provide clarification regarding dispensing of narcotic
drugs, and amending Appendix "A ", to provide for definitions related to the regulation of
medical offices. If passed, a second public hearing will be held on October 20, 2009.
The caption of Ordinance No. 50 -09 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH,
BY AMENDING SECTION 4.3.3, "SPECIAL
REQUIREMENTS FOR SPECIFIC USES ", BY
ENACTING SUBSECTION (LLLL), "MEDICAL
OFFICES ", TO PROVIDE FOR CLARIFICATION
REGARDING THE DISPENSING OF NARCOTIC
DRUGS; AMENDING APPENDIX "A" TO PROVIDE
FOR DEFINITIONS RELATED TO THE REGULATION
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10/06/09
OF MEDICAL OFFICES; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 50 -09 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.
Paul Dorling, Director of Planning and Zoning, stated this ordinance
provides a new definition for "Medical Offices" and includes special requirements that
regulate medical offices dispensing controlled substances. Normal operations and
expectations of medical office uses include examinations by doctors and, should
prescriptions be required, they would be filled off-site at a local pharmacy. Recently,
"pain management clinics" have been established which provide not only the
prescriptions, but also fill the prescriptions on -site and some of the prescriptions are
considered narcotics. Mr. Dorling stated in an attempt to address issues that have come
out of that this ordinance is before the Commission. He reiterated that this ordinance
includes the new definition, clarifies the existing definitions of professional offices and
business offices, and has special requirements that prohibit on -site dispensing of specific
substances that are indentified in Florida Statutes Sections 893.03, 893.035 or 893.036.
Mr. Dorling stated there are some exceptions which would address specific things that
staff feels would need to be accepted given current practices one of those is the ability for
a medical doctor to give you a sample of medication if you run out of a prescription.
At its meeting of September 21, 2009, the Planning and. Zoning Board
recommended approval with a 7 to 0 vote. However, the Board had concerns with the
definition of dispensing and staff has made those modifications. The Downtown
Development Authority (DDA) had concerns with the legality of the proposal and
suggested that the City seek the opinion of the Attorney General. The Community
Redevelopment Agency (CRA) also expressed concern over the legality of regulating
trade in this way and the basis for doing the amendment. The Pineapple Grove Main
Street committee will review the ordinance at their meeting of October 7, 2009 and the
West Atlantic Avenue Redevelopment Coalition will review the ordinance at their
meeting on October 14, 2009. Staff recommends approval.
Mayor McDuffie declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 50 -09,
the public hearing was closed.
Mr. Eliopoulos stated he attended the CRA meeting and does not feel that
they really understood it.
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10/06/09
Mr. Frankel stated he brought this the City Attorney based on a
conversation he had with Brady Myers who works in the Police Department who brought
this to his attention. Mr. Frankel stated he would recommend that anyone go out on
Swinton where there is a pain clinic and they can see a security guard who checks people
as they go in. He stated there are all these out -of -state vehicles and they see a doctor for
five minutes, they say their neck hurts and they receive narcotic drugs. Mr. Frankel
stated they hit three or four pain clinics because there is no reporting between them. He
applauded the City Attorney's office for a great ordinance.
Mr. Fetzer asked about the three issues that the DDA brought up and
asked if any of these are necessary. The City Attorney stated this ordinance is not
retroactive so anything that is currently there this is not impacting them. He stated this is
based on the City of Dania Beach where they did quite extensive research before they
drafted an ordinance like this. The City Attorney stated anything can be challenged at
any time; however, he feels pretty comfortable that the City has an ordinance that meets
all the legal requirements and guidelines. Mr. Fetzer asked how this impacts existing
offices that are doing this. The City Attorney stated this ordinance would not impact
anything currently existing. Mr. Dorling stated if the current operations were legally
established it would not and if they were not legally established they have no grandfather
status and would have to comply.
Mr. Fetzer moved to approve Ordinance No. 50 -09 on First Reading/First
Public Hearing, seconded by Mr. Frankel. Upon roll call the Commission voted as
follows: Mr. Eliopoulos -- Yes; Mr. Fetzer — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes;
Mayor McDuffie — Yes. Said motion passed with a 5 to 0 vote.
10.D. ORDINANCE NO. 53 -09 (FIRST READING /FIRST PUBLIC
HEARING): Consider a city initiated amendment to the Land Development Regulations
(LDR) Section 4.6.7, "Signs ", Subsection 4.6.7(H)(10)(b), "Sponsorship Signs ",
providing and clarifying related standards. If passed, a second public hearing will be held
on October 20, 2009.
The caption of Ordinance No. 53 -09 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS BY AMENDING SECTION 4.6.7,
"SIGNS ", SUBSECTION 4.6.7(1-1)(10)(b),
"SPONSORSHIP SIGNS ", IN ORDER TO PROVIDE
STANDARDS FOR SAME; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 53 -09 is on file in the City Clerk's
office.)
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10/06/09
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, Planning and Zoning Director, stated this ordinance relates
to sponsorship signs and clarifies related standards for those said signs. Mr. Dorling
stated the City amended the sign code to add sponsorship signs and allowed them to be
placed on outfield fences of any ball field from March 1" through December 1" of each
year. This amendment will allow sponsorship signs to be placed on fences around any
sports field and as long as the advertising is not visible from outside the sports field area.
Mr. Dorling stated this allows other sports such as soccer and football to also take
advantage of this sponsorship sign option. He stated since these have different seasons
than Little League baseball staff has removed the March I" through the December 1"
reference in the code.
At its meeting of September 21, 2009 the Planning and Zoning Board
considered the text amendment and recommended approval with a 7 to 0 vote.
Mayor McDuffie declared the public hearing open.
Brian Thompson, Delray Beach Athletic Club, . Inc. (President),
thanked the City Attorney, the City Manager, and City staff in getting this ordinance
moved pretty quickly. He stated it is important to recognize that there is more than one
youth sport. Mr. Thompson stated the Delray Beach Athletic Club is up to 1,000
participants between soccer and lacrosse.
Mrs. Gray asked if there is a time period for the signage and if so will
there be a conflict with the different sports. Mr. Darling stated all reference to time
periods have been removed so it would be allowed at all times as long as the advertising
on the signs is not visible outside of the sports field area.
There being no one from the public who wished to address the
Commission regarding Ordinance No. 53 -09, the public hearing was closed.
Mr. Eliopoulos moved to approve Ordinance No. 53 -09 on First
Reading/First Public Hearing, seconded by Mr. Frankel. Upon roll call the Commission
voted as follows: Mr. Fetzer Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor
McDuffie — Yes; Mr. Eliopoulos -- Yes. Said motion passed with a 5 to 0 vote.
10.E. ORDINANCE NO. 55-09: Consider a city - initiated ordinance amending
Chapter 96, "Fire Safety and Emergency Services ", of the Code of Ordinances by
amending Section 96.11, "Fire Safety Community Education ", to provide for various fees
for Fire Safety Community Education.
The caption of Ordinance No. 55 -09 is as follows:
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10/06/09
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 96, "FIRE SAFETY AND
EMERGENCY SERVICES ", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH,
BY ENACTING SECTION 96.11. "FIRE SAFETY
COMMUNITY EDUCATION ", TO PROVIDE FOR
VARIOUS FEES FOR FIRE SAFETY COMMUNITY
EDUCATION; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 55 -09 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.
David James, Fire Chief, stated this ordinance provides for the Fire -
Rescue Department to charge fees to cover the cost of specially trained certified
personnel to teach these courses. Chief James stated without it they would have to
discontinue the program.
Mayor McDuffie declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 55-09,
the public hearing was closed.
Mr. Frankel moved to adopt Ordinance No. 55 -09 on Second and FINAL
Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr.
Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Eliopoulos ---- Yes; Mr.
Fetzer — Yes. Said motion passed with a 5 to 0 vote.
10.E.1. RESOLUTION NO. 54 -09: Consider approval of Resolution No. 54 -09
establishing fees for various Fire Safety Community Education Services.
The caption of Resolution No. 54 -09 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
ESTABLISHING FEES FOR VARIOUS FIRE SAFETY
COMMUNITY EDUCATION SERVICES; PROVIDING
AN EFFECTIVE DATE.
(The official copy of Resolution No. 54 -09 is on file in the City Clerk's
office.)
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10/06/09
The City Attorney stated this resolution sets the rates and fees that the
prior ordinance allows us to do.
Mr. Fetzer moved to approve Resolution No. 54 -09, seconded by Mr.
Eliopoulos. Upon roll call the Commission voted as follows: Mrs. Gray --- Yes; Mayor
McDuffie Yes; Mr. Eliopoulos -- Yes; Mr. Fetzer Yes; Mr. Frankel — Yes. Said
motion passed with a 5 to 0 vote.
At this point, the time being 10:13 p.m., the Commission moved to Item
11, Comments and Inquiries on Non - Agenda Items.
ILA. City Manager's res se to priorpublie comments and inquiries.
The City Manager had no response to prior public comments and
inquiries.
11.13. From the Public.
None.
At this point, the time being 10:13 p.m. the Commission moved back to
Item 9.13, of the Regular Agenda.
9.13. DIRECTION REGARDING OLD SCHOOL SQUARE GARAGE
RETAIL SPACE: Provide direction regarding the options for the Old School Square
garage retail space.
Brian Shutt, City Attorney, stated at the September 15, 2009 Workshop
meeting the City Commission gave staff direction to work with the proposal from Mr.
Kinsloe as well as to explore other options with the CRA regarding the Old School
Square retail space. Mr. Shutt stated since that time the City has been informed from Mr.
Kinsloe that he has withdrawn his offer.
The City Manager stated since the last discussion at the Commission
meeting staff has discussed this situation with the City's Bond Counsel and they have
advised us that if we rented it to the CRA those rental payments would not count against
the $3 million cap we have on proceeds. He stated the laws relating to municipal bonds
would consider that as paying ourselves. The City Manager asked the City Commission
to give staff direction to talk to the CRA to see what kind of arrangement we can work
out with them for the future use of the facility. The City Manager stated if they in turn
sublease then whatever payments they got would count against the $3 million.
The City Manager stated he believes that the CRA would take care of any
build out that would be required but these are things the City would need to discuss with
them.
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10/06/09
Mrs. Gray asked if the CRA would be managing this. The City Manager
stated the City would have to enter into an agreement with them and the City
Commission could determine at that point how much control they would like to maintain
over the use of the facility. Mrs. Gray suggested that the City make sure this goes out for
an RFP.
After brief discussion, it was the consensus of the Commission to direct
staff to speak with the CRA to see what they would be willing to do and then bring this
back to the Commission.
9.C. COMMISSION APPOINTMENT /ALTERNATE TO
INTERGOVERNMENTAL COORDINATION ISSUES FORUM: Appoint a
Commissioner as an Alternate Member of the Intergovernmental Coordination Issues
Forum.
Commissioner Gray volunteered to be the alternate member of the
Intergovernmental Coordination Issues Forum.
It was the consensus of the Commission to support this decision.
9.1). APPOINTMENT TO THE COMMUNITY REDEVELOPMENT
AGENCY: Appoint one (1) regular member to the Community Redevelopment Agency
(CRA) to serve an unexpired term ending July 1, 2013. Based upon the rotation system,
the appointment will be made by Commissioner Eliopoulos (Seat #1).
Mr. Eliopoulos moved to appoint Cathy Balestriere as a regular member to
the Community Redevelopment Agency (CRA) to serve an unexpired term ending July 1,
2013, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mayor
McDuffie --- Yes; Mr. Eliopoulos — Yes; Mr. Fetzer — Yes; Mr. Frankel — Yes; Mrs. Gray
— Yes. Said motion passed with a 5 to 0 vote.
9.E. APPOINTMENTS TO THE NEIGHBORHOOD ADVISORY
COUNCIL: Appoint five (5) regular members (one member each for Zones 3, 4, 5 & 6)
and an At Large Representative to the Neighborhood Advisory Council for three (3) year
terms ending July 31, 2012. Based upon the rotation system, the appointments will be
made by Commissioner Gray (Seat #4), Mayor McDuffie (Seat #5), Commissioner
Eliopoulos (Seat #1), Commissioner Fetzer (Seat #2) and Commissioner Frankel (Seat
#3).
Mrs. Gray moved to reappoint Matthew Hartley as a regular member to
the Neighborhood Advisory Council (Zone 5) to serve a three (3) year term ending July
31, 2012, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr.
Eliopoulos -- Yes; Mr. Fetzer — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor
McDuff e — Yes.
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10/06/09
Mayor McDuffie stated he wished to reappoint Joseph Kamarata as a
regular member to the Neighborhood Advisory Council (Zone 6) to serve a three (3) year
term ending July 31, 2012. Mr. Frankel so moved, seconded by Mr. Eliopoulos. Upon
roll call the Commission voted as follows: Mr. Fetzer — Yes; Mr. Frankel — Yes; Mrs.
Gray — Yes; Mayor McDuffie Yes; Mr. Eliopoulos — Yes. Said motion passed with a 5
to 0 vote.
Mr. Eliopoulos moved to reappoint Shirl Fields as a regular member to the
Neighborhood Advisory Council (Zone 3) to serve a three (3) year term ending July 31,
2012, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr.
Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Eliopoulos Yes; Mr.
Fetzer — Yes. Said motion passed with a 5 to 0 vote.
Mr. Fetzer stated he would like to defer his appointment for Zone 4 to the
next regular meeting of October 20, 2009.
Mr. Frankel moved to appoint Margherita Downey as a regular member to
the Neighborhood Advisory Council (At Large Representative) to serve a three (3) year
term ending July 31, 2012, seconded by Mr. Eliopoulos. Upon roll call the Commission
voted as follows: Mrs. Gray — Yes; Mayor McDuffie --- Yes; Mr. Eliopoulos — Yes; Mr.
Fetzer — Yes; Mr. Frankel Yes. Said motion passed with a 5 to 0 vote.
9.F. APPOINTMENT TO THE EDUCATION BOARD: Appoint one (1)
regular member to the Education Board to serve an unexpired term ending July 31,
2011. Based upon the rotation system, the appointment will be made by Commissioner
Eliopoulos (Seat #1).
Mr. Eliopoulos moved to appoint Lydia Carreiro as a regular member to
the Education Board to serve an unexpired term ending July 31, 2011, seconded by Mr.
Frankel. Upon roll call the Commission voted as follows: Mayor McDuffie — Yes; Mr.
Eliopoulos Yes; Mr. Fetzer — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion
passed with a 5 to 0 vote.
9.G. APPOINTMENT TO THE BOCA RATON AVIATION ADVISORY
COMMITEE: Appoint one (1) regular member to the Boca Raton Aviation Advisory
Committee to serve an unexpired term ending May 31, 2010. Based upon the rotation
system, the appointment will be made by Commissioner Eliopoulos (Seat 41).
Mr. Eliopoulos moved to appoint David Boone as a regular member to the
Boca Raton Aviation Advisory Committee to serve an unexpired term ending May 31,
2010, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr.
Eliopoulos — Yes; Mr. Fetzer — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor
McDuffie — Yes. Said motion passed with a 5 to 0 vote.
At this point, the time being 10:23 p.m., the Commission moved to the
Item 12, First Readings.
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10/06/09
12. FIRST READINGS:
12.A. ORDINANCE NO. 43 -09: An ordinance amending Chapter 52, "Water"
of the City Code of Ordinances by amending Section 52.34, "Water Rates ", to provide
for an adjustment in residential, nonresidential, and irrigation rates for FY 2010. If
passed, a public hearing will be scheduled for October 20, 2009.
The caption of Ordinance No. 43 -09 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 52, "WATER ", OF THE
CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, BY AMENDING SECTION 52.34,
"WATER RATES ", SUBSECTION 52.34(B), TO
PROVIDE FOR AN ADJUSTMENT IN RATES FOR
FY 2010; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 43 -09 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance.
Richard Hasko, Director of Environmental Services, stated this is for the
water rates structure revisions. Mr. Hasko stated it technically complies with the
definition of a conservation rate structure but it does not effectively send an economic
message because of the minimal differential and charges between blocks. He stated staff
attempted to make that economic message more meaningful and have tried to accomplish
a few other things by giving some of the residents on fixed incomes a bit of a break in
that the City has included the first 3,000 gallons of use in the base charge. Mr. Hasko
stated staff has also inserted a block that coincides with the 12,000 cap for residential on
sewer because the City is gearing towards conservation and is trying to get large volume
users to decrease their use. Mr. Hasko stated everything over 12,000 gallons can
reasonably be assumed to not be consumption and is generally landscape irrigation which
is the large volume users the City is trying to target. He stated 75 -80% of the residential
users will see a decrease in the water portion of their bill and factoring in the current level
of water restrictions and associated surcharges the breakeven point is about 32,000
gallons a month. Mr. Hasko stated the larger volume users' bills are going to go up
significantly. He stated in concert with that the City has segregated the portable
irrigation rate from the non - residential rate. Mr. Hasko stated up to this point they were
in the same category and the commodity charge was a flat fee regardless of use. He
stated staff did not want to have an unintended consequence of having a negative impact
on non - residential uses which is why this was segregated out. He stated the commodity
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10/06/09
charge still remains a flat rate but it has been increased by 25 %.
Mayor McDuffie asked if the calculation spreadsheet has been put on the
website. Mr. Hasko stated this has been done and it has been modified to include the
current phase surcharge.
Mr. Eliopoulos stated he believes in this; however, expressed concern with
the lack of education out there.
Mr. Hasko explained that the goals staff is trying to achieve here are not
demographically based but they are exclusively based on volumes of water use. He
stated most people will be able to deal with that through their irrigation and agreed that
some people who have large families will probably have to implement some level of
internal conservation. Mr. Hasko stated staff can put things on the website that will
reinforce that and noted that staff receives a lot of information from AWWA (American
Water Works Association) and brochures are normally given out at the Residents
Academy. He stated staff can look for additional methods to distribute that information.
Mr. Hasko stated staff can take advantage of their ability to include inserts
in the water bill as well.
Mr. Frankel moved to approve Ordinance No. 43 -09 on FIRST Reading,
seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer —
Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Eliopoulos Yes.
Said motion passed with a 5 to 0 vote.
12.B. ORDINANCE NO. 44 -09: An ordinance amending Chapter 59,
"Reclaimed Water ", of the City Code of Ordinances by amending Section 59.09, "Fees,
Rates and Charges ", to provide for a retail customer increasing block rate structure for
reclaimed water. If passed, a public hearing will be scheduled for October 20, 2009.
The caption of Ordinance No. 44 -09 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE CODE OF ORDINANCES, BY
AMENDING CHAPTER 59, "RECLAIMED WATER",
SECTION 59.09, "FEES, RATES AND CHARGES ", TO
PROVIDE FOR A RATE STRUCTURE IN THE
RETAIL CUSTOMER RATE FOR RECLAIMED
WATER; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 44 -09 is on file in the City Clerk's
office.)
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10/06/09
The City Attorney read the caption of the ordinance.
Richard Hasko, Director of Environmental Services, stated this is the
reclaimed water rates (wholesale and retail). He stated the City's wholesale rate is a flat
$.28 per 1,000 gallons and is what we apply to non - residential connections that have two
inch and larger meter primarily golf courses, master irrigation systems for residential
neighborhoods. Mr. Hasko stated in what the City is proposing with the drinking water
rates staff had to take a look at the retail reclaimed rate because as the City puts people on
reclaimed water (particularly areas such as the barrier island) and since they are irrigating
off the drinking water system, when the City takes them off the drinking water system
and puts them on reclaimed water, they had to make sure that they were not going to
negatively impact the City's revenues in doing that. Mr. Hasko stated the revised
structure creates a three tiered block rate structure to encourage conservation of the
reclaimed water resource. He stated staff also had to make sure that we did not have a
situation where there might be a residential potable irrigation connection that was paying
less for water than a reclaimed connection.
Mayor McDuffie asked how many million gallons a day is our Water
Treatment Plant capacity. Mr. Hasko stated the full capacity is 24 million gallons and
they are averaging about 17 or 18 million gallons.
Mr. Eliopoulos moved to approve Ordinance No. 44 -09 on FIRST
Reading, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr.
Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Eliopoulos — Yes; Mr.
Fetzer — Yes. Said motion passed with a 5 to 0 vote.
12.C. ORDINANCE NO. 51 -09: Consider a city initiated amendment to the
Land Development Regulations (LDR) amending Section 2.4.3, "Submission
Requirements ", Subsection (K), "Fees ", to provide for the establishment of new fees and
increases to certain existing fees related to permitting and plan review. If passed, a
public hearing will be scheduled for October 20, 2009.
The City Attorney read the caption of the ordinance.
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH,
BY AMENDING SECTION 2.4.3, "SUBMISSION
REQUIREMENTS ", SUBSECTION (K) "FEES" TO
PROVIDE FOR THE ESTABLISHMENT OF NEW FEES
AND INCREASES TO CERTAIN EXISTING FEES
RELATED TO PERMITTING AND PLAN REVIEW;
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
.m
10/06/09
office.)
(The official copy of Ordinance No. 51 -09 is on file in the City Clerk's
The City Attorney read the caption of the ordinance.
Paul Dorling, Director of Planning and Zoning, stated this is an
amendment to LDR Section 2.4.3(K) to provide for the establishment of new fees and
increases in certain existing fees. The amendment proposes a processing fee of $100.00
for the requests to cover review from the local government and preparation of approval
correspondence. Senate Bill (SB) 360, provides for the extension of any permit issued by
the Department Environmental Protection or a water management district that had an
expiration date of September 1, 2008 through January 1, 2012. The Bill further applies
this extension to include any related local government - issued development order or
building permit. The amendment also proposes the creation of new building permit fees
as well as increases in certain plan check fees in concert with the fee schedules of other
municipalities and Palm Beach County, and provides for increases in the Fire - Rescue
plan review fee schedule.
At its meeting of September 21, 2009, the Planning and Zoning Board
recommended approval of the text amendment with a 7 to 0 vote.
Mr. Frankel moved to approve Ordinance No. 51 -09 on FIRST Reading,
seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel —
Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer ---- Yes.
Said motion passed with a 5 to 0 vote.
12.D. ORDINANCE NO. 52-09: Consideration of an ordinance authorizing the
creation of local government Neighborhood Improvement Districts pursuant to Florida
Statute 163.506. If passed, a public hearing will be scheduled for October 20, 2009.
office.)
The caption of Ordinance No. 52 -09 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AUTHORIZING THE CREATION OF
NEIGHBORHOOD IMPROVEMENT DISTRICTS BY
THE ENACTMENT OF A SEPARATE ORDINANCE
FOR EACH DISTRICT; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 52 -09 is on file in the City Clerk's
The City Attorney read the caption of the ordinance.
Paul Dorling, Director of Planning and Zoning, stated this ordinance
authorizes the creation of local government neighborhood improvement districts as
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10/06/09
identified under Florida Statutes 163.506. The creation of a neighborhood improvement
district has been discussed as a possible solution to address unique situations like funding
of ongoing maintenance of neighborhood improvements like those installed as a part of
the Strategic Task Teams neighborhood action plans. Mr. Dorling stated one such
example is Chatelaine where the City finished installation of $150,000.00 of
improvements associated with a Strategic Task Team neighborhood action plan. This
neighborhood has a voluntary homeowners association which includes voluntary
homeowner's dues. The neighborhood has been unable to collect sufficient dues to
adequately fund this maintenance obligation, which is estimated to be approximately
$10,000.00 annually. The City has explored alternatives including the creation of these
neighborhood improvement districts which could assess ad valorem taxes to fund upkeep
of neighborhood improvements. If passed, individual districts could then be created by
separate ordinances. These ordinances would include the boundaries, size and name of
the district, establish governing procedures, authorize the district to receive planning
grants from the state, and allow the local government to levy an ad valorem tax on real
and personal property up to 2 mills annually for implementation of associated district
improvements.
At its meeting of September 21, 2009, the Planning and Zoning Board
reviewed the ordinance and expressed concerns over potential abuses (passing on
additional tax burdens via this vehicle rather than general tax revenue processes where
additional scrutiny is rendered) and a general reluctance to create any additional tax
burdens, they recommended denial of the creation of these districts with a 7 to 0 vote.
The proposed amendment was not reviewed by the Community
Redevelopment Agency (CRA) or the Downtown Development Authority (DDA)
because it is not unique to their districts. Staff recommends approval and stated there are
additional safeguards in place in both creating it and doing any improvements and
assessing any.
The City Manager stated the State Statute has several different methods
for creating these and it falls into two categories; it can be created if you receive a
petition signed by a majority of the residents and the other way is the City Commission
can create them on their own initiative, however, then you have an advisory board of the
neighborhood that advises the Commission on what they would like to see done. He
stated if you go that route and if you get a petition from 60% of the residents it is
automatically dissolved. The City Manager stated the Commission could set a district up
it could be set with a much lower cap than 2 mills. He stated the City invested money in
neighborhoods and in part because of the foreclosures, etc. they have not been able to
raise enough money voluntarily to maintain it. The City Manager stated the City needs to
create some mechanism to maintain these.
Mayor McDuffie asked if there is a reason why we chose to make this an
ad valorem tax rather than a non -ad valorem. The City Manager stated under State law
there are certain ways you can create a district that they can do assessments,
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10/06/09
Mrs. Gray asked who will be responsible for applying for the grants if we
divide up the districts. Mr. Dorling stated the enabling authorizes the district to receive
funding such as planning grants; however, it is not specific as to who would apply. He
stated he would assume that the City would be involved in that process. Mrs. Gray asked
if there are other developments aside from the Chatelaine development that the City is
carrying at this time. The City Manager stated Chatelaine is the district that asked the
City to help them come up with some way to maintain their improvements. Mr. Dorling
stated we have had other communities that have had improvements that have not had the
same difficulty raising money. For example, Delray Shores is a voluntary homeowners
association in which we put significant improvements in. Mr. Dorling stated they have
been able to fund their maintenance obligations through a voluntary process. He stated
there are many associations throughout the city that are voluntary that may or may not
run into issues like this.
Mrs. Gray asked if the $10,000.00 a year is for landscaping. Mr. Dorling
stated primarily that is the landscaping that has been installed around the three
entranceways and also some traffic calming.
Mr. Frankel moved to approve Ordinance No. 52 -09 on FIRST Reading,
seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mrs.
Gray — Yes; Mayor McDuffie — Yes; Mr. Eliopoulos Yes; Mr. Fetzer — Yes; Mr.
Frankel Yes. Said motion passed with a 5 to 0 vote.
12.E. ORDINANCE NO. 56 -09: Consider a city initiated amendment to the
Land Development Regulations (LDR) Section 6.3.3, "Sidewalk Cafe ", Subsection (A),
"Permit and Fees ", to clarify the cost of sidewalk cafe permits and to enact late renewal
fee charge. If passed, a public hearing will be scheduled for October 20, 2009.
office.
The caption of Ordinance No. 56 -09 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH,
BY AMENDING SECTION 6.3.3, "SIDEWALK CAFE ",
SUBSECTION (A), "PERMIT AND FEES" TO CLARIFY
THE COST OF THE SIDEWALK FEE CHARGE;
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 56 -09 is on file in the City Clerk's
The City Attorney read the caption of the ordinance.
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10/06/09
Paul Dorling, Director of Planning and Zoning, stated this ordinance is to
clarify the cost of a sidewalk caf6 permit and to enact a late renewal fee charge. Mr.
Dorling stated currently sidewalk caf6 permits are issued for a period of one year from
July 1St to June 30th. Sidewalk permit applications received after July 1St until December
31St will pay the full cost of the permit fee. Any new permit received after December 31St
will pay one -half of the cost of the permit. The proposed ordinance also enacts a late
renewal fee for renewal permits not submitted by July 1St
At its meeting of September 21, 2009, the Planning and Zoning Board
considered the text amendment and recommended approval with a 7 to 0 vote.
Mrs. Gray moved to approve Ordinance No. 56 -09 on FIRST Reading,
seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor
McDuffie — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer — Yes; Mr. Frankel — Yes; Mrs. Gray
— Yes. Said motion passed with a 5 to 0 vote.
12.F. ORDINANCE NO. 57 -09: Consider a city - initiated amendment to
Chapter 113, "Alcoholic Beverages ", of the Code of Ordinances by amending Section
113.15, "Hours of Sale and Consumption; Exemption ", to eliminate the current restriction
for the consumption of alcohol on premises on Sunday morning. If passed, a public
hearing will be scheduled for October 20, 2009.
The caption of Ordinance No. 57 -09 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 113, "ALCOHOLIC
BEVERAGES" OF THE CODE OF ORDINANCES BY
AMENDING SECTION 113.15, "HOURS OF SALE AND
CONSUMPTION; EXEMPTION ", TO ELIMINATE THE
CURRENT RESTRICTION FOR THE CONSUMPTION
OF ALCOHOL, ON PREMISES, ON SUNDAY
MORNING, PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 57 -09 is on file in the City Clerk's
off ce.)
The City Attorney read the caption of the ordinance and stated the changes
to this ordinance will allow the sale and on premise consumption of alcoholic beverages
beginning on Sunday morning at 7:00 a.m. Currently, the sale and consumption is
Sundays at noon. This ordinance does not change the time that alcohol may be sold for
off premise consumption.
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10/06/09
Mr. Frankel stated the ordinance does not change the time for off premise
consumption (i.e. Publix, etc.). The City Attorney stated the Police Chief is okay with
going as far as we are going now; however, he expressed concern if we would open it all
up for the sale and off premise consumption of alcoholic beverages. Mr. Frankel stated
he feels 7:00 a.m. is a little early and feels the time should be 10:00 a.m. or 11:00 a.m.
The City Attorney suggested that the Commission pass this ordinance and
get input from the Police Chief between now and second reading. It was the consensus of
the Commission to get the Police Chief's opinion regarding the beginning time for the on
premises sale and consumption of alcohol.
Mr. Fetzer moved to approve Ordinance No. 57 -09 on FIRST Reading,
seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr.
Eliopoulos — Yes; Mr. Fetzer — Yes; Mr. Frankel --- Yes; Mrs. Gray — Yes; Mayor
McDuffie -- Yes. Said motion passed with a 5 to 0 vote.
At this point, the time being 10:57 p.m., the Commission moved to Item
13, Comments and Inquiries on Non - Agenda Items.
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A. City Manager
The City Manager stated at the last League of Cities Board meeting there
was a presentation regarding the two different proposals to create an Ethics Commission
and both proposals would allow cities to opt in. He stated Chuck Shaw from Greenacres
was appointed to the Criminal Justice Commission. The League agreed to ask the court's
permission to file an amicus brief on the City's behalf in the Heather Leitch case.
Secondly, the Lobbyist Registration Adhoc Committee is working with the
County IT Department to use their system and the Elections Adhoc Committee is still
working on an agreement.
The City Manager stated Senate Bill 360 changed a lot of the
Comprehensive Planning law. He stated the City of Westin filed a lawsuit and 15 other
cities are going in that are going into this as co- plaintiffs plus four counties and noted this
is going forward.
The City Manager stated the City is still negotiating with the Supervisor of
Elections on an agreement for Elections. He stated there are some problems and the City
is not very happy with the agreement that has been proposed at this point.
He stated that Jamie Titcomb has noted that the League is a member of the
Forum Club and announced that if anyone wants to attend one of their luncheons they can
call Mr. Titcomb for tickets.
45
10/06/09
The City Manager stated last Friday he went to Orlando for the Florida
League of Cities Committee meeting and noted that he is on the Urban Administration
Committee. He stated there were nine issues discussed which will be narrowed down to
five and that will be narrowed down to two or three in November. The City Manager
stated the ones we are still working on are the issue campaign financing. He stated
Senate Bill 216 prohibits using public funds for financing issue campaigns and it is
written in such a way that it has created all kinds of issues.
He stated with the regard to the Clerk of Courts withholding funds in the
last session on Legislature, a bill was passed which allows Clerks of Court to withhold
ten percent of all court related fines and the Clerks Association has taken the position that
ten percent applies to traffic tickets so that ten percent is coming out of the municipal
piece since a lot of other parts of traffic tickets it says that so many dollars goes for this
purpose and that purpose.
The City Manager stated the City is requesting Legislation on effective
Public Notice given the shrinking of newspapers and the fact that so many people do not
read newspapers anymore we are looking for the option to use other methods of Public
Notice other than just newspapers.
The City Manager stated there was also a bill proposed last session that
would bring all municipalities under OSHA (Occupational Safety and Health
Administration) and the City is concerned about that.
The City Manager stated he will be on vacation for ten days starting
tomorrow.
D.B. CRY_Attorn�
The City Attorney had no response to comments and inquiries on non-
agenda items.
D.C. City Commission
13.C.1. Mr. Fetzer
Mr. Fetzer had no comments and inquiries on non - agenda items.
13.C.2. Mr. ElionouIos
Mr. Eliopoulos had no comments and inquiries on non - agenda items.
,,
10/06/09
13.C.3. Mr. Frankel
Mr. Frankel stated he and Doug Smith attended the Florida Public Pension
Trustees Association (FPPTA) School and are becoming certified and learned a lot about
pension.
13.C.4. Mrs. Gray
Mrs. Gray had no comments and inquiries on non - agenda items.
13.C.5. Mayor McDufllc
Mayor McDuffie stated he is on the Lobbyist Registration Subcommittee
and as such has been asked because of their relationship with the County to take a look at
the system. He stated they find it to be up -to -date with technology and relatively easy to
add municipalities.
Secondly, Mayor McDuffie stated he received a complaint from a Board
member in his development (Oakmont) that the sidewalk work that the City did on the
north side of Germantown Road has somehow torn up the swale and possibly damaged
some irrigation pipes on the south side of Germantown Road which are maintained by
Oakmont. He stated he will have to respond to this matter.
The City Manager stated if the contractor did it then the contractor has
insurance and would be responsible for repairing it. He noted that staff will look into this
matter.
There being no further business, Mayor McDuffie declared the meeting
adjourned at 11:04 p.m.
ATT
MAYO
47
City Clerk
10/06/09
...................... .....
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 October 6, 2009, which Minutes were formally approved and adopted by the City
Commission on November 3. 2009.
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.
10/06/09
4
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
CONDITIONAL USE REQUEST FOR VILLAGE AT DELRAY
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. This conditional use request has come before the City Commission on
October 6, 2009. The Conditional Use Request is for density in excess of 12 units per
acre (17.4 du/ac is proposed).
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the conditional use request for Village at
Delray. 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
k Comprehensive Plan - Future Land Use Element Objective A-1/Future
Land Use Map: Is the property developed /redeveloped 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 and is consistent with the Land Use Map?
Yes ✓ No
B. Comprehensive Plan — Future Land Use Element Policy C -1.7: The
Southwest Area Neighborhood Redevelopment Plan was adopted by the City
Commission at Its meeting of June 3, 2003. The Plan establishes a blueprint for the
revitalization and stabilization of the area. The Southwest Area Neighborhood
Redevelopment Plan is divided into five sub -areas based upon current and proposed
land uses. The sub -areas serve to defined potential boundaries for the phased
City Commission Meeting on October 6, 2009; Item 9.A.
{
implementation of the various plan components. Future development in the area must
be in accordance with the provisions of the Redevelopment Plan.
Is this development consistent with the Redevelopment Plan?
Yes ✓ No
C. Comprehensive Plan — Housing Policy A -19.3: In evaluating proposals
for new development or redevelopment, the City shall consider the effect that the
proposal will have on the stability of nearby neighborhoods. Factors such as noise,
odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their
potential to negatively impact the safety, habitability and stability of residential areas. If
it is determined that a proposed development will result in a degradation of any
neighborhood, the project shall be modified accordingly or denied.
Does this project negatively impact adjacent residential areas?
Yes No ✓
D. Housiino Obiective A -19: To assist residents of the City in maintaining
and enhancing their neighborhood, the City, through public input and notification, shall
take steps to ensure that modifications in and around the neighborhood do not lead to
its decline, such as those described in the following policies.
Can positive findings be made with respect to this objective?
Yes ✓ No
E. Housing Objective B -Z: Redevelopment and the development of new
land shall result in the provision of a variety of housing types and other amenities (i.e.
bike trails, parks, sidewalks) to accommodate the diverse economic makeup of the
City's demographic profile, and meet the housing needs of all residents....
Can positive findings be made with respect to this objective?
Yes ✓ No
F. Concurrence: Objective B -2 of the Land Use Element of the
Comprehensive Plan requires that development not exceed the ability of the City to fund
and provide, or to require the provision of, needed capital improvements for the
following areas:
City Comnitsion Meeting on October 6, 2009; Item 9.A.
Are the concurrency requirements met with respect to water, sewer,
drainage, streets and traffic, parks, open space, solid waste and
schools?
Yes ✓ No
G. Consistency: Will the granting of the conditional use be consistent
with and further the goals and policies of the Comprehensive Plan?
Yes ✓ No
II. LDR REQUIREMENTS:
A. LDR Section 2.4.5(E) Required Findinas:__(Conditional Use): Pursuant
to Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the conditional use will not:
1. Have a significantly detrimental effect upon the stability of the
neighborhood within which it will be located;
2. Hinder development or redevelopment of nearby
properties.
Will Section 2.4.5(E)(5) be met?
Yes ✓ No
B. Performance Standards for Density Increase:
In order to increase the density beyond 6 du /ac the performance standards listed
in Section 4.4.6(1)(1), attached hereto as Exhibit "A ", must be met.
Are the performance standards in Section 4.4.6(1)(1) met?
Yes ✓ No
C. Workforce Housing Standards for Density Bonus.
Pursuant to LDR Section 4.7.1(f), the Density Bonus program is an incentive program
intended to encourage developers to build affordable owner - occupied and rental
housing within the City of Delray Beach. The concept is that for every workforce
housing unit that a developer builds, a calculated number of market rate units greater
than would be allowed otherwise may be built.
Pursuant to LDR Section 4.7.4, developers of property in the Southwest
Neighborhood Overlay District, the Carver Estates Overlay District and the Infill
Workforce Housing Area, that meet the minimum standards will earn bonus units for
building workforce housing for very low, low and moderate Income families.
City Comm &sion Meeting on October 6, 2009; Item 9.A,
4
Are the concurrency requirements met with respect to water, sewer,
drainage, streets and traffic, parks, open space, solid waste and
schools?
Yes ✓ No
G. Qonsiistency: Will the granting of the conditional use be consistent
with and further the goals and policies of the Comprehensive Plan?
Yes ✓ No
ll. LDR REQUIREMENTS:
A. on 2.4.5(E) Required Findings: (Conditional Use l: Pursuant
LDR Section i
to Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the conditional use will not;
1. Have a significantly detrimental effect upon the stability of the
neighborhood within which it will be located;
2. Hinder development or redevelopment of nearby
properties.
Will Section 2.4.5(E)(5) be met?
Yes ✓ No
B. Performance Standards for Density Increase:
In order to increase the density beyond 6 du/ac the performance standards listed
in Section 4.4.6(1)(1), attached hereto as Exhibit "A ", must be met.
Are the performance standards in Section 4.4.6(1)(1) met?
Yes _ � No
C. Workforce Housing Standards for Density Bonus.
Pursuant to LDR Section 4.7.1(f), the Density Bonus program is an incentive program
intended to encourage developers to build affordable owner - occupied and rental
housing within the City of Delray Beach. The concept is that for every workforce
housing unit that a developer builds, a calculated number of market rate units greater
than would be allowed otherwise may be built.
Pursuant to LDR Section 4.7.4, developers of property in the Southwest
Neighborhood Overlay District, the Carver Estates Overlay District and the Infill
Workforce Housing Area, that meet the minimum standards will earn bonus units for
building workforce housing for very low, low and moderate income families.
City Comm$sion Meeting on October d, 2009; Item 9, A.
units the bonus
provided above in this chart
There are 192 dwelling units proposed within the subject property (11.03 acres). This
equates to an overall density of 17.4 dwelling units per acre (192 units 1 11.03 acres =
17.40 du/ac). The density allowed is 12 du/ac which equates to a total of 132 residential
units (11.03 acres x 12 du/ac = 132 units). The applicant is requesting an increase of 60
units above the 132 units allowed (192 — 132 = 60 units). To support the increased
density, 15 very low workforce units are needed (60 units / 4 bonus per workforce unit
provided = 15). Therefore, to obtain the increase density requested, at least 15 units
must be workforce housing units within the very low 60% income bracket. The applicant
has indicated that 15 units of the 192 residential units proposed will be rental workforce
housing units for the very low income families. It is noted that out the 192 units
proposed, none will be market rate rental units, 15 will be workforce housing units (very
low at or below 60% AMI), and thus, the remaining 177 units will be affordable rental
units for households at or below the 60% affordability level of the Palm Beach County
median income. Out of the 15 workforce housing units proposed, 1 will be a one
bedroom unit, 7 units will be two bedroom units, and 7 more will be three bedroom units.
Are the workforce mousing standards met?
Yes V, No
3. The comments and notes set forth in the staff report are hereby
incorporated herein
4. The City Commission has applied the most current Comprehensive Plan
and I..DR requirements to this development application and finds that its determinations
as herein set forth are consistent with the Comprehensive Plan.
5. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
City Commiysion Meeting on October d, 2009; Item 9.A.
5
a. The size of the bonus varies based on several factors including:
I. Affordability (i.e., homes affordable to very low, low, or moderate
income families)
ii. Home Size (i.e., workforce housing units with four or more bedrooms
are awarded larger bonuses)
iii. Ownership versus Rental (i.e., larger bonuses are awarded for
workforce housing units offered for sale to low and very-low income
families and larger bonuses are awarded for ownership versus rental
units.)
b. To be eligible for bonus units, developers must meet one or more of the
following criteria:
I. A designated number of the total units are restricted to very low income
households, and/or
ii. A designated number of the total units are restricted to low income
households, and /or
iii. A designated number of the units are restricted to moderate income
households
c. Workforce housing units may be located off -site provided the off -site
location chosen is within the City of Delray Beach.
d. The bonus allowances are set forth in Table 1 below.
TABLE 1 DENSITY BONUS ALLOCATIONS IN THE
SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT, THE INFILL
WORKFORCE HOUSING AREA AND THE CARVER ESTATES
OVERLAY DISTRICT
OPTION SALE / RENT NUMBER OF BONUS UNITS PER
WORKFORCE UNIT PROVIDED
VERY LOW 60% 4
LOW 80% - 61 % 3
MODERATE 120% -81 % 2
LARGE HOME OPTION
4+ bedroom workforce housing Additional 0.5 bonus will be added to
City Comm*sion Meeting on October d, 2009; Item 9.A.
Exhibit "A"
(Performance Standards)
(a) The traffic circulation system is designed to control speed and reduce volumes
on the interior and exterior street network. This can be accomplished through the
use of traffic calming devices; street networks consisting of loops and short
segments; multiple entrances and exits into the development; and similar measures
that are intended to minimize through traffic and keep speeds within the
development at or below 20 m.p.h.
(b) Buildings are placed throughout the development in a manner that reduces the
overall massing, and provides a feeling of open space.
(c) Where immediately adjacent to residential zoning districts having a lower
density, building setbacks and landscape materials along those adjacent property
lines are increased beyond the required minimums in order to provide a meaningful
buffer to those lower density areas. Building setbacks are increased by at least
25% of the required minimum; at least one tree per 30 linear feet (or fraction
thereof) is provided; trees exceed the required height at time of planting by 25% or
more; and a hedge, wall or fence is provided as a visual buffer between the
properties.
(d) The development offers a varied streetscape and building design. For example,
setbacks are staggered and offset, with varying roof heights (for multi - family
buildings, the planes of the facades are offset to add interest and distinguish
individual units). Building elevations incorporate diversity in window and door
shapes and locations; features such as balconies, arches, porches, courtyards; and
design elements such as shutters, window mullions, quoins, decorative tiles, etc.
(e) A number of different unit types, sizes and floor plans are available within the
development in order to accommodate households of various ages and sizes.
Multi - family housing will at a minimum have a mix of one, two and three bedroom
units with varying floor plans. Single family housing (attached and detached) will at
a minimum offer a mix of three and four bedroom units with varying floor plans.
City Comm9sion Meeting on October 6, 2009; Item 9.A.
units the bonus
provided above in this chart
There are 192 dwelling units proposed within the subject property (11.03 acres). This
equates to an overall density of 17.4 dwelling units per acre (192 units / 11.03 acres =
17.40 du /ac). The density allowed is 12 du /ac which equates to a total of 132 residential
units (11.03 acres x 12 du /ac = 132 units). The applicant is requesting an increase of 60
units above the 132 units allowed (192 — 132 = 60 units). To support the increased
density, 15 very low workforce units are needed (60 units / 4 bonus per workforce unit
provided = 15). Therefore, to obtain the increase density requested, at least 15 units
must be workforce housing units within the very low 60% income bracket. The applicant
has indicated that 15 units of the 192 residential units proposed will be rental workforce
housing units for the very low income families. It is noted that out the 192 units
proposed, none will be market rate rental units, 15 will be workforce housing units (very
low at or below 60% AMI), and thus, the remaining 177 units will be affordable rental
units for households at or below the 60% affordability level of the Palm Beach County
median income. Out of the 15 workforce housing units proposed, 1 will be a one
bedroom unit, 7 units will be two bedroom units, and 7 more will be three bedroom units.
Are the workforce housing standards met?
Yes ✓ No
3. The comments and notes set forth in the staff report are hereby
incorporated herein
4. The City Commission has applied the most current Comprehensive Plan
and LDR requirements to this development application and finds that its determinations
as herein set forth are consistent with the Comprehensive Plan.
5. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
City Comm ffsion Meeting on October 6, 2009; Item 9.A.
3
6. Based on the entire record before it, the City Commission approves
f denies the conditional use as requested and hereby/adopts this Order this
61h day of October, 2009, by a vote of 3 i VIa'v-0'X and
ATTEST:
Chevelle Nubin
City Clerk
Nelson S. McDUffie,
City Commksion Meeting on October 6, 2009; Item 9,A.
Exhibit "A"
(Performance Standards)
(a) The traffic circulation system is designed to control speed and reduce volumes
on the interior and exterior street network. This can be accomplished through the
use of traffic calming devices; street networks consisting of loops and short
segments; multiple entrances and exits into the development; and similar measures
that are intended to minimize through traffic and keep speeds within the
development at or below 20 m.p.h.
(b) Buildings are placed throughout the development in a manner that reduces the
overall massing, and provides a feeling of open space.
(c) Where immediately adjacent to residential zoning districts having a lower
density, building setbacks and landscape materials along those adjacent property
lines are increased beyond the required minimums in order to provide a meaningful
buffer to those lower density areas. Building setbacks are increased by at least
25% of the required minimum; at least one tree per 30 linear feet (or fraction
thereof) is provided; trees exceed the required height at time of planting by 25% or
more; and a hedge, wall or fence is provided as a visual buffer between the
properties.
(d) The development offers a varied streetscape and building design. For example,
setbacks are staggered and offset, with varying roof heights (for multi - family
buildings, the planes of the facades are offset to add interest and distinguish
individual units). Building elevations incorporate diversity in window and door
shapes and locations; features such as balconies, arches, porches, courtyards; and
design elements such as shutters, window mullions, quoins, decorative tiles, etc.
(e) A number of different unit types, sizes and floor plans are available within the
development in order to accommodate households of various ages and sizes.
Multi - family housing will at a minimum have a mix of one, two and three bedroom
units with varying floor plans. Single family housing (attached and detached) will at
a minimum offer a mix of three and four bedroom units with varying floor plans.
City Comm$sion Meeting on October 6, 2009; Item 9.A,
(f The development is designed to preserve and enhance existing natural areas
and /or water bodies. Where no such areas exist, new areas, which provide open
space and native habitat, are created and incorporated into the project.
(g) The project provides a convenient and extensive bicycle /pedestrian network,
and access to available transit.
City Commtsion Meeting on October 6, 2009; Item 9.A,
s
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
WAIVER REQUEST FOR VILLAGE AT DELRAY
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
I . The waiver request to the requirement that parking spaces do not back out
into a street carrying more than 200 average daily trips, has come before the City
Commission on October 6, 2009.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the waiver request for the Village at
Delray. All of the evidence is a part of the record in this case. Required findings are
made in accordance with Subsection I.
1. WAIVER:
Pursuant to LDR Section 4.6.9(D)(2), access that allows a vehicle to enter and exit the
parking area onto a street in a forward manner shall be provided, except when the
street is a private street within a planned development and the street, at the location of
the parking, has less than 200 ADT. The proposed street, exceeds the 200 ADT
threshold required in several areas, while the parking areas do not provide adequate
maneuvering for vehicles to enter and exit in a forward manner. Back out parking is
proposed in several areas into drive isles which exceed the 200 ADT threshold and
therefore a waiver to this LDR requirement is being requested.
Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body
shall make a finding that the granting of the waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of public facilities;
(c) Shall not create an unsafe situation; and,
(d) Does not result in the grant of a special privilege in that the same waiver would
be granted under similar circumstances on other property for another applicant or
owner.
Would the waiver of Section 4.6.9(D)(2) to allow back out parking spaces comply with
the requirements of 2.4.7(B)(5)?
Yes ✓ No
3. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the original development application was
I
v
.,
submitted and finds that its determinations set forth in this Order are consistent with the
Comprehensive Plan.
4. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
5. Based on the entire record before it, the City Commission approves✓
denies the waiver request to LDR Section 4.6.9(D)(2).
6. Based on the entire record before it, the City Commission hereby adopts
this Order this 6th day of October, 2009, by vo of 4 in f vor 01 o posed.
ATTEST: N
CNJ
Chevelle Nubin, City Clerk
E
S. McDuftie,