01-04-11 Regular City Commission MinutesJANUARY 4 2011
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, January 4, 2011,
1. 1, Roll call showed:
Present- Commissioner Gary P. Eliopoulos
Commissioner Fred B. Fetzer
Commissioner Adam Frankel
Commissioner Angeleta E. 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 Monsignor Thomas Skindeleski with
St. Vincent Ferrer Catholic Church.
3. The Pledge of Allegiance to the flag of the United States of America was
given.
4. AGENDA APPROVAL.
Mr. Frankel moved to approve the Agenda, 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.
5. APPROVAL OF MINUTES:
Mrs. Gray moved to approve the Minutes of the Regular Meeting of
December 7, 2010, 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. Eliopoulos moved to approve the Minutes of the Regular Meeting of
December 14, 2010, 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.
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6. PROCLAMATIONS:
6.A. Martin Luther Kine, Jr. Day — January 17, 2011
Mayor McDuffie read and presented a proclamation hereby proclaiming
January 17, 2011 as Martin Luther King, Jr. Day. Lillian Strainge came forward to accept
the proclamation and gave a few brief comments.
Commissioner Gray requested a calendar of events.
7. PRESENTATIONS:
7.A. Government Finance Officers Association Award – Certificate of
Achievement for Excellence in Financial Re ortin
Mayor McDuffie read and presented the Government Finance Officers
Association Award – Certificate of Achievement for Excellence in Financial Reporting
for the fiscal year ending September 30, 2009 to Milena Walinski, Assistant Finance
Director. Ms. Walinski came forward to accept the award and stated this is the 27th
consecutive year the Finance Department has received this award.
S. CONSENT AGENDA: City Manager Recommends Approval.
8.A. CONSULTING SERVICE AUTHORIZATION NO. 07-
201MATHEWS CONSULTING, INC.: Approve Consulting Service Authorization No.
07 -20 to Mathews Consulting, Inc. in the amount of $60,000.00 for professional
engineering services related to the Lowson Boulevard Force Main Replacement. Funding
is available from 442 - 5178 - 536 -68.74 (Water & Sewer Renewal & Replacement Fund:
Improvements Other /Lowson Blvd Fm).
8.11. AGREEMENTIACHIEVEMENT CENTERS FOR CHILDREN AND
FAMILIES (ACCF): Approve an agreement between the City of Delray Beach and
Achievement'Centers for Children and Families (ACCF) in the amount of $52,000.00 to
carry out services at the Village Academy Beacon Center for FY 2010 -2011. Funding is
available from 001 -4111 -572 -83.01 (General Fund: Other Grants & Aid).
S.C. RESOLUTION NO. 01 -11: Approve Resolution No. 01 -11 providing
for a referendum on the proposed charter amendment related to Commission terms to be
placed on the ballot as a Special Election item for the election to be held on March 8,
2011.
The caption of Resolution No. 0 1 -11 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, CALLING FOR
A SPECIAL ELECTION ON A CHARTER CHANGE TO
BE HELD ON MARCH 8, 2011, TO PROVIDE FOR A
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REFERENDUM ON THE CHARTER CHANGE
PRESENTED IN ORDINANCE NO. 40 -10; PROVIDING
FOR THE TIME, MANNER AND MEANS OF
HOLDING SAID ELECTION, PROVIDING A SAVING
CLAUSE AND AN EFFECTIVE DATE.
(The official copy of Resolution No. 01 -11 is on file in the City Clerk's
office.)
S.D. SPECIAL EVENT REQUEST /ART AND JAZZ ON THE AVENUE:
Approve a special event request to endorse Art and Jazz on the Avenue to be held on
January 27, 2011 from 6:00 p.m. to 10:00 p.m., to grant a temporary use permit per LDR
Section 2.4.6(F) for the closure of Atlantic Avenue from Swinton to the west side of
N.E. /S.E. 7th Avenue, Railroad Avenue from Atlantic north to the north side of the
east /west alley, and to the alleys north and south of Atlantic on N.E. /S.E. 1 st Avenue,
N.E. /S.E. 2nd Avenue, S.E. 3rd Avenue, and N.E. /S.E. 4t' Avenue; to authorize staff
support for security and traffic control, banner hanging and removal, barricade set up and
removal, trash removal and clean up and EMS assistance; contingent upon the receipt of
an updated Certificate of Liability Insurance.
8.E. SPECIAL EVENT REQUEST /14th ANNUAL DOWNTOWN
DELRAY CRAFT FESTIVAL: Approve a special event pp p t request to endorse the 14th
Annual Downtown Delray Craft Festival sponsored by Howard Alan Events, Ltd. to be
held February 26 -27, 2011 from 10:00 a.m. to 5:00 p.m., to grant a temporary use permit
per LDR Section 2.4.6(F) for the use of N.E. 4th Avenue, two (2) blocks north of
Atlantic Avenue as well as use of the north end of Hand's parking lot for vendor parking,
to provide staff support for traffic control and security and fire inspection services, and to
permit an event sign be erected on Atlantic Avenue just east of I -95, fourteen (14) days
prior to the event.
8.F. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: ' Accept the actions and decisions made by the Land Development Boards
for the period December 13, 2010 through December 31, 2010.
S.G. AWARD OF BIDS AND CONTRACTS:
1. Purchase award to GPS Management Solutions, Inc. in the amount
of $33,329.80 for forty -nine (49) Marcus GPS units for various
departments' vehicles with installation, on -site training and twelve
(12) months monitoring. Funding is available from multiple
departments.
2. Purchase award to Zoll Medical Corporation in the amount of
$51,180.00 for three (3) Zoll
Funding is available from
Construction Fund:
Machinery/Equipment).
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E- Series monitor /defibrillators.
334 - 2311522 -64.90 (General
Machinery/Equipment /Other
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3. Bid award to Vila and Son Landscape Corporation in the amount
of $140,204.88 for the West Atlantic Avenue Medians Landscape
Project. Funding is available from 334 - 3162 -541 -61.15 (General
Construction Fund: Capital Outlay /Improvements- Medians).
At this point, Mayor McDuffie stated there is updated information on the
dais for Item 10.A., Ordinance No. 44 -10.
Mr. Eliopoulos moved to approve the Consent Agenda, 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. REGULAR AGENDA:
9.A. WAIVER REQUESTS/BRIGHT HORIZONS d/b /a 32 EAST:
Consider two (2) waiver requests to Land Development Regulations (LDR) Sections
4.4.13(F)(4), "Front Setbacks ", and 4.4.13(F)(8), "Structures Allowed Within Setback ",
to permit a proposed balcony, support columns of the balcony- canopy, entry arch
columns and attached high top tables to encroach within the front setback for Bright
Horizons d /b /a 32 East located at 32 East Atlantic Avenue. (Quasi - Judicial Hearing)
Mayor McDuffie read the City of Delray Beach procedures for a Quasi -
Judicial Hearing into the record for this item and all subsequent Quasi- Judicial items.
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor McDuffie asked the Commission to disclose their ex parte
communications. Mr. Frankel spoke with Butch Johnson, owner of 32 East. Mr.
Eliopoulos, Mr. Fetzer, Mrs. Gray, and Mayor McDuffie had no ex parte communications
to disclose.
Paul Dorling, AICP, Director of Planning and Zoning, entered the
Planning and Zoning Department project file #2010 -218 into the record.
Mr. Dorling stated this is a request for approval of two waivers for the
property known as 32 East on the south side of Atlantic Avenue east of Swinton Avenue.
He stated the.proposal involves the installation of a canopy area and French doors on the
top with a balcony addition. The waiver was recommended for approval by the Historic
Preservation Board (HPB) on December 1, 2010 as part of a Certificate of
Appropriateness (COA) and Class IV Site Plan Application for exterior alterations
primarily associated with the addition of a balcony -canopy and two - story, arched entry
feature on the front elevation of the subject property. Mr. Dorling stated the two waivers
are one to the minimum front setback of five feet. He stated there are three things that
will encroach into that which will be some balcony posts, a two -story arched entry
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feature and some high -top counters. Mr. Dorling stated as a requirement for a five foot
setback both the support pillars and the arched entry feature is proposed to encroach into
that 4 feet 10 inches leaving a two inch separation between the property line and the
feature; and, the counter tops would extend approximately two feet into that five foot area
resulting in a three foot setback rather than five. The second waiver would be for
encroachment of a balcony feature into that setback area. Mr. Dorling stated the City
allows balconies to encroach 4 feet and this proposed balcony will encroach to the
property line so that would be a one foot additional encroachment. Mr. Dorling stated the
staff report identifies positive findings with respect to these waivers; staff notes positive
findings to the balcony encroachment to zero feet, and the balcony posts and the high -top
tables. Mr. Dorling expressed concern with the necessity of this entry feature and stated
setbacks are really proposed to mitigate mass and scale at the street and this feature does
not achieve that so staff does not believe that positive findings are made for that portion
of it. Therefore, staff recommends that the Commission support the waiver for the
balconies, the waiver for the balcony posts, and the high -top tables. Staff noted that this
is a hardscape canopy feature and the balcony extends out to that five foot property line
and the balance of that is a canopy. Mr. Dorling stated there was some discussion at the
Historic Preservation Board level that the railing should extend if in fact it is allowed by
the LDRs and in consultation with the attorney. Mr. Dorling stated the City does not
allow buildings to extend into and over property lines; however, the City does allow
canopies only to extend into the rights -of -way with a hold harmless agreement to the
City. Mr. Dorling stated if the railing were to be extended is not currently allowed by
Code and if that is something that is designed this would have to come before the
Commission because it is not allowed. Mr. Dorling stated staffs recommendations are
approval of two - thirds of the one waiver which involve the balcony columns and the
counter tops and approval to allow a five foot setback encroachment for a balcony where
a four foot encroachment is permitted. Also, staff recommends to deny the portion of the
waiver to Section 4.4.13(F)(4)(a)2, of the Central Business District Development
Standards to allow a two -story arched entry feature within the required five foot (5')
setback area, based upon a failure to make positive findings of LDR Section 2.4.5(B)(5),
as the granting of the request would result in an adverse affect on the neighboring area,
and a special privilege not granted under similar circumstances on other property for
another applicant or owner.
George Brewer, Architect for the Project, stated this project went
before the Historic Preservation Board and was unanimously approved as presented. Mr.
Brewer stated there was lengthy discussion regarding different features to the building.
He stated the intent and the purpose of the modifications to 32 East is to really make a
functional restaurant out of it. Mr. Brewer stated currently the awning that is up there
does not function as any weather protection. He stated this building has been in existence
for 15 years and has won many awards and is one of the top 20 restaurants in the State of
Florida for 10 consecutive years. Mr. Brewer stated we need a functional canopy that
protects people from the weather. He stated on the second level is private dining and that
room is very dark and to improve this space would be to make that canopy double as a
balcony. Mr. Brewer stated they are also opening up the ground floor with more doors
and with regard to the existing bar all the windows are fixed and the windows will open
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up. Mr. Brewer stated he does not understand why there is a problem with this two -story
feature. Mr. Brewer stated it defines very specifically where the entrance is and off to the
west is where chairs and tables would be set up for dining. Mr. Brewer stated the
Historic Preservation Board stressed that they wanted to see the railing come to the edge
of the balcony and not be set four feet back in and it would be peculiar visually to have a
railing act in that fashion and it would restrict the functionality of the second story. Mr.
Brewer stated all the doors and windows are going to be done in mahogany and keeping
that old world look to the building keeping the historic background of this building.
Mayor McDuffie stated if anyone from the public would like to speak in
favor or in opposition of the waiver requests, to please come forward at this time.
Butch Johnson,__ owner of 32 East, stated when they came to Delray
Beach they were asked to design something that would create a little energy on the
Avenue and bring some recognition to the street.
Lee Go partner with Mr. Butch Johnson for 32 East resident of Gulf
Stream and owns a few properties in Delray Beach gave a brief history of Delray
Beach.
There being no one else from the public who wished to address the
Commission regarding the waiver requests, the public hearing was closed.
There was no cross - examination.
Mr. Dorling stated the issue with the entry feature is there are required
findings under the waiver section but it does not affect neighboring properties and would
not be a special privilege. He stated staff has concerns with the inability to make those
findings and it does not meet those criteria. Mr. Dorling stated the HPB did talk about
extending the,`railing. He stated right now there is a five foot area that is available for the
balcony. Mr. Dorling stated encroachment over property lines is not allowed for
balconies; it is for canopies, however, it is very limited. He stated in the case of
extending that railing as the HPB suggested the caveat was that if it was allowed by the
LDRs and it is okay by the City Attorney. Mr. Dorling stated it is not allowed by the
LDRs.
Mr. Brewer stated with regard to the balcony and the railing there has been
a lot of precedent set in the City and the LDRs always adjust themselves to some of these.
He feels there is a creative way to write in the LDRs for this encroachment into the right -
of -way on the second level. Mr. Brewer stated this is no different than the way the
sidewalk cafe permit works because you are allowing them to dine in the right -of -way but
they are on the second level. Mr. Brewer stated he does not believe this affects any of the
four criteria and given the success of 32 East feels the City Commission should be
supportive of allowing them to continue that success.
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The City Attorney stated the only thing the City Commission can address
this evening is just the waivers. The City Attorney stated the fact of having the railing
come out beyond the property line is not before the Commission right now. The City
Attorney stated if we do want to address that then the LDRs would have to be addressed
first before doing that.
Mr. Eliopoulos stated this is a great design and 32 East has brought a lot to
the community. Mr. Eliopoulos stated he cannot support the two -story element because
he does want this to set a precedent and looking into the future he does not want this used
as an example and feels the Commission will always have a hard time in the future with
justifying that example. Mr. Eliopoulos stated he concurs with Mr. Brewer about
extending the railings.
` Mrs. Gray concurs with comments expressed by Commissioner
Eliopoulos.
Mr. Frankel stated the railing that they are proposing comes out the same
distance as right next door at Delux. He stated being someone who has eaten outside,
been rained on and had to run inside he can understand the reasonableness of the request.
Mr. Frankel stated the design looks great considering that the railing goes the exact same
distance out as what is there. Mr. Frankel stated he does not always agree with the HPB
because he feels they are very restrictive and for them to unanimously agree on it goes a
long way in his eyes because he knows how tough the Board is. Mr. Frankel stated the
request is reasonable.
Mr. Fetzer stated he is very proud of what the downtown businesses have
accomplished particularly 32 East and supports City staff's recommendation that that
waiver not be approved; however, he is in favor of the other two waivers. Mr. Fetzer
stated the Commission is granting a special privilege if they approve this without
evaluating the LDRs as a whole. Mr. Fetzer stated he does not support the waiver
addressing the two -story arched entry feature; however, he supports the other waivers.
Mayor McDuffie asked what this would look like if this becomes one-
story, is it acceptable to the City if it becomes one -story and how does it affect the
design. Mr. Brewer stated it would destroy the design if he could not keep that feature.
Mr. Brewer stated this restaurant is already a two -story building and it needs a proper
entry piece and feels it is not granting any special privilege to this restaurant.
Mr. Dorling stated he believes it could be scaled down and supported. He
stated it is really about the scale and mass.
The City Manager also questioned whether you could put that element
right againstihe building instead of bringing it out almost five feet.
Mayor McDuffie stated if you take it away you have another two -story
light green building and it may stand out a bit but he thinks that is the feature that sets it
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apart from everything else and makes the building.
Mr. Dorling stated the second floor is being modified significantly and
therefore it could be against the building. Mr. Frankel stated that is a difference of
average versus exceptional and feels this is exceptional. Mayor McDuffie concurred with
comments expressed by Commissioner Frankel and stated he would hate to lose that
feature on the building and hopes everyone can come to terms on that.
It was the direction of the Commission for staff to look at the two -story
element.
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 table the waiver requests until the regular meeting
of February 15, 2011, seconded by Mr. Eliopoulos. 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.B. WAIVER REQUESTS/209 NORTH SWINTON AVENUE: Consider
approval of three (3) requests for waivers to Land Development Regulations (LDR)
Sections 4.6.9(D)(3)(a -b), "Point of Access to the Street System ", 4.6.16(H)(3)(d),
"Perimeter Landscape Strips ", and 4.6.16 (H)(3)(i) "Terminal Landscape ", associated
with reductions in the required driveway width for 209 North Swinton Avenue. (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. The Commission had no ex parte communications to disclose.
Paul Dorling, AICP, Director of Planning and Zoning, entered the
Planning and Zoning Department project file #2008 -174 into the record.
Mr. Dorling stated this is a request for three (3) waivers associated with a
conversion of a single - family home to a business office. The location is on Swinton
Avenue just east of northeast 2 °d Street. Mr. Dorling stated there will be a parking lot
that is proposed to the rear of the structure and hence the need for some of waivers. Mr.
Dorling briefly reviewed the site plan and stated one of the waivers is to reduce the
driveway width to 10' 4" along the north property line adjacent to the existing historic
building whereas 24 feet is required. He stated this will be an internet based business and
is not anticipated to have any significant volume of customers coming to and from it. Mr.
Dorling stated in this situation there is not the ability to provide the required 24 feet and
staff encourages reuse of these structures when they can. There is also a requirement for
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a waiver for a five foot strip and those are being requested to be diminished to 2' and V
11" along the east property line. Mr. Dorling stated there is to be a terminal landscape
island to 2' adjacent to the building whereas 5' is required. Mr. Dorling stated staff
believes all are supportable and the required findings are made in the staff report.
At its meeting of December 15, 2010, the Historic Preservation Board
(HPB) considered and approved a Certificate of Appropriateness (COA) and Class V site
plan application and the Board recommended approval of all three waivers.
Mary Hernandez, representing the owners, stated this is going to be an
internet company and they do not want a lot of traffic going back and forth. She supports
the recommendations and urged the City Commission to approve the waivers.
Mayor McDuffic stated if anyone from the public would like to speak in
favor or in opposition of the waiver requests, to please come forward at this time. There
being no one from the public who wished to address the Commission, the public heaving
was closed.
` There was no cross - examination or rebuttal.
Mr. Eliopoulos asked about the interior improvements going on in the
building. He stated although Mr. Brewer is providing a handicap spot with a ramp the
building does not comply. Mr. Eliopoulos stated 20% of whatever you improve has to be
for handicap.
Mrs. Gray asked what happens if the business changes from an internet
business to another business with regard to the parking. Mr. Dorling stated another
business would be able to go in there without providing additional parking spaces. He
stated it is a concern that it is potentially a problem if you had a lot of traffic hack there;
however, with two spaces you are limited with the interaction.
1. The City Attorney briefly reviewed the Board Order with the Commission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
Mr. Eliopoulos moved to adopt the Board Order as presented, 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.
At this point, the time being 7:02 p.m., the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
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10. PUBLIC HEARINGS:
10.A. ORDINANCE NO. 44 -10: Consider approval to amend Chapter 112,
"Alarm Systems ", of the Code of Ordinances.
The caption of Ordinance No. 44-10 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 112, "ALARM SYSTEMS ", OF
THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA, BY AMENDING
SECTION 112.03, "DEFINITIONS ", AMENDING
CERTAIN DEFINITIONS; AMENDING SECTION
112.04, "PROHIBITION ", TO PROVIDE AN
ADDITIONAL PROHIBITION; REPEALING SECTION
112.20, "ALARM REGISTRATION REQUIRED; FEE;
TERM OF REGISTRATION; NON TRANSFERABLE"
IN ITS ENTIRETY BY AMENDING SECTION 112.21,
"APPLICATION FOR ALARM REGISTRATION;
REPORTING CHANGES TO REQUIRED
INFORMATION ", TO PROVIDE INCREASED FINE
AMOUNTS AND TO REQUIRE THAT APARTMENT
COMPLEX OWNERS/PROPERTY MANAGERS MUST
OBTAIN ALARM PERMITS FOR EACH UNIT AND
RENUMBERING; ENACTING A, NEW SECTION
112.21, "APPLICATION FOR ALARM
REGISTRATION; REPORTING CHANGES TO
REQUIRED INFORMATION; RENEWAL ", TO
PROVIDE FOR ANNUAL RENEWALS; REPEALING
SECTION 112.22, "DUTY OF PERSON NOTIFIED TO
PROVIDE ACCESS TO PREMISES, RENDER
ASSISTANCE" IN ITS ENTIRETY AND ENACTING A
NEW SECTION 112.22, "MONITORING REQUIRED ",
TO PROVIDE MONITORING REQUIREMENTS;
AMENDING SECTION 112.23, "ISSUANCE OF
ALARM REGISTRATION; DECAL REQUIRED" TO
PROVIDE ADDITIONAL CRITERIA FOR DENIAL OF
ALARM PERMITS; AMENDING SECTIONS 112.26,
"VERIFICATION OF ALARM; REQUIRED RESPONSE
TO ALARM; ALARM USER RESPONSIBILITY;
ALARM MALFUNCTION AND CORRECTIVE
ACTION ", 112.27, "MULTIPLE ALARM MAL-
FUNCTIONS OR FALSE ALARMS DECLARED A
PUBLIC NUISANCE; FEE CHARGES ", TO PROVIDE
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GRADUATED FINES, AND COURT COSTS FOR
COLLECTION OF UNPAID FINES; AMENDING
SECTION 112.28, "LIMITED RESPONSE ", TO
PROVIDE FOR LIMITED RESPONSE FOR FALSE
ALARMS, OVERDUE FEES AND FAILURE TO
REGISTER; REPEALING SECTION 112.29, "APPEAL ",
AND ENACTING A NEW SECTION 112.29, "APPEAL
OF RESPONSE FEE AND APPEAL OF LIMITED
RESPONSE STATUS"; TO PROVIDE FOR LIMITED
RESPONSE AND APPEAL OF SAME; REPEALING
SECTIONS 112.30, "RESERVED ", 112.31,
"RESERVED ", AND 112.32, "NEWLY INSTALLED
ALARM SYSTEMS" IN THEIR ENTIRETY;
PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 44 -10 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.
Lula Butler, Director of Community Improvement, briefly reviewed the
following highlights of the changes to Chapter 112: (1) mandatory registration and
annual renewal requirements with assessed fees; (2) requirements to report changes
within a ten (10) day period; (3) increase fine amounts; (4) false alarm fee charges to
provide graduated fines and court costs for the collection of unpaid fines; (5) to provide
for limited response for false alarms, overdue fees and failure to register; (6) enacting a
new section on appeal of response fee and appeal of limited response status.
Mr. Fetzer asked what the annual fee is to re- register the alarm. Mrs.
Butler stated the annual fee for the annual renewal is $30.00 and the fee for initial
registration is $25.00.
Mr. Eliopoulos stated an individual may own another property and rent it
out and many times as a landlord you do not deal with alarm and the renters get their own
alarm and their own service while they are renting. Mr. Eliopoulos stated if that tenant
does leave then the property owner is responsible for any fines that their tenant caused
them. Mrs. Butler stated if you own the alarm you have to register it in your name. She
stated it is not registered to the owner of the property; for a business it is going to be in
the business name and they generally disconnect it when they leave and a new business is
likely to come in. Mr. Eliopoulos expressed concern that the City will run into more of a
problem in the residential area not so much the commercial area. Mr. Eliopoulos
expressed concern that people will be properly notified. Mr. Eliopoulos stated he is fine
with the charges and with the first three false alarms there was no charge. He stated
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without a valid permit the first cost would be $100.00. Mrs. Butler stated if they register
within 30 days from receiving the notice they would not be charged a fee of $100.00.
Mrs. Butler stated staff eliminated the word "nuisance" and adopted the
word "malfunction" throughout the ordinance and it was advertised correctly. The City
Attorney stated that in Section 112.26(D) the word "nuisance" should be removed where
it is underlined and the word "malfunction" (the strikethrough removed) and under
Section 112.27(B) the word "nuisance" has been added and 1(a) -(d) remove the word
"nuisance" and add the word "malfunction ".
The City Manager stated in general the ordinance does not refer to the
property owner; it talks about the alarm user.
Mr. Frankel concurred with comments expressed by Commissioner
Eliopoulos and stated the fact that you get a grace period is appropriate and then if it is
not rectified in time then there should be fine.
Mr. Fetzer stated he is generally opposed to adding fees to generate
additional revenue; however, he does favor adding fees when there is a cost associated
with the services the City is providing.
Mayor McDuffie stated he is an alarm user and at a certain point
responsibility has to kick in and our Police and Fire Department do not need to respond to
false alarms because there is quite a cost for that to happen. Mayor McDuffie suggested
that this be placed in the News for Neighborhoods and the utility bill to inform everyone
that this is going to happen.
Mr. Eliopoulos asked if the City is going to send out a bill. Mrs. Butler
stated staff is going to send out notices but people will need to renew this year because
staff will need to capture all of the data this year. Mrs. Butler stated there are
approximately a little over 12,000 alarms registered with the City of Delray Beach.
Mayor McDuffie declared the public hearing open. There being no one
else from the public who wished to address the Commission regarding Ordinance No. 44-
10, 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 Ordinance No. 44 -10 on Second and FINAL
Reading, seconded by Mr. Eliopoulos. 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.
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10.13. ORDINANCE NO. 45 -10: Consider approval to amend Chapter 39,
Section 39.01, "Service Charge for Returned Checks ", to make this section consistent
with Florida Statutes Section 166.251, "Service Fee for Dishonored Check ".
The caption of Ordinance No. 45 -10 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 39, "RETURNED CHECK
SERVICE CHARGE ", OF THE CODE OF
ORDINANCES BY AMENDING SECTION 39.01,
"SERVICE CHARGE FOR RETURNED CHECKS ", TO
MAKE THIS SECTION CONSISTENT WITH
FLORIDA STATUTES SECTION 166.251,
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 45 -10 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance and stated by making
this change it would allow the City to also implement a service charge if someone pays
by credit card or something other than a check. The City Attorney stated State Statute
provides that so staff is making this consistent with that.
A public hearing was held having been legally advertised in compliance
with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida.
Mayor McDuffie declared the public hearing open. There being no one
else from the public who wished to address the Commission regarding Ordinance No. 45-
10, the public hearing was closed.
Mr. Eliopoulos moved to adopt Ordinance No. 45 -10 on Second and
FINAL Reading, seconded by Mr. Frankel. 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.
11.A.
City Manager's response to prior public comments and inquiries.
The City Manager had no response to prior public comments and
inquiries.
11.B. From the Public.
11.13.1. Alice Finst 707 Place Tavantpelray Beach FL 33445 complimented
everyone involved in the Christmas Holiday December activities and stated everything
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01 /04/11
was very exciting. Mrs. Finst stated she stopped by the tree this afternoon and they are
looking for volunteers to finish up the removal of the Christmas tree. She stated it was
very exciting that Santa arrived in a helicopter and feels we have to thank Channel 12
News for adding a different touch. Mrs. Finst reiterated that this was a very good event.
11.B.2. Dave Armstrong, 321 North Swinton Avenue Delray Beach FL
33444, stated he is among Delray's Nature Group and they are among the $55 million
naturists and nudists worldwide to practice social naturist activities and look for those
when they vacation. Mr. Armstrong stated they are young couples and families with
children and senior citizens and most importantly their members spend billions of dollars
annually on vacation travels to hundreds of clothing optional beaches and nude
recreational facility destinations of Europe and the Caribbean islands.
At this point, the time being 7:20 p.m., the Commission moved back to
Item 9.C. of the Regular Agenda.
9.C. CONDITIONAL USE REQUEST/FRANKLIN AT DELRAY
BEACH: Consider approval of a conditional use request to allow a residential density of
up to 22 dwelling units per acre for a proposed multiple family development known as
Franklin at Delray Beach, located on the west side of South Federal Highway,
approximately 320 feet south of S.E. 10th Street and north of the Plaza at Delray. (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, Mrs. Gray, Mayor McDuffie, and Mr. Fetzer had no ex
parte communications to disclose. Mr. Eliopoulos stated he received a telephone call
from the Developer's Attorney today.
Paul Dorling, A1CP, Director of Planning and Zoning, entered the
Planning and Zoning Department project file #2011 -016 into the record.
I
Mr. Dorling stated this is a conditional use request to allow a residential
density up to` 22 units per acre for a multi- family development known as Franklin at
Delray Beach. This is located 320 feet south of S.E. 10th Street and north of the Plaza at
Delray. This was previously before the Commission known as the Courtyards.
At its meeting of July 19, 2010, the Planning and Zoning Board
considered a conditional use proposal for the same property then named New Century
Courtyards at Delray. This project consisted of 180 dwelling units in four -story buildings
on the site of the Floranda Mobile Home Park and included retaining the existing
Executive Quarters office building. At that time, Mr. Dorling stated there is an office
complex and they were going to put those 180 units on this part of the parcel and then
maintain the existing office building as an additional phase. This proposal takes the 180
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units and spreads them over the entire site so it includes the demolition of that office
building at this time. Mr. Dorling stated last time there was some question about it being
a mixed use development and this will be a 100% multifamily development at 22 units
per acre. He stated in doing so, this drops those buildings down to 3 -story buildings. At
its meeting of September 2, 2010, the Site Plan Review and Appearance Board ( SPRAB)
approved with a 6 to 0 vote a Class V site plan, landscape plan, architectural elevations,
special action, and waivers associated with the mixed use project known as New Century
Courtyards at Delray Beach. At its meeting of September 7, 2010, the City Commission
appealed the SPRAB approval of the Class V site plan, landscape plan, and architectural
elevations. The applicant withdrew the site plan application prior to consideration of the
appeal by the City Commission on October 5, 2010.
At its meeting of December 20, 2010, the Planning and Zoning Board
recommended approval with a 4 to 2 vote. Mr. Dorling stated in the Board's
recommendation they tweaked the conditions of approval in the staff report and those are
noted in Exhibit "A ". He stated what is also attached is Exhibit "B" which is those
tweaked comments by the Planning and Zoning Board. Mr. Dorling stated staff
recommends s' approval of the conditional use subject to those comments that were
tweaked by the Planning and Zoning Board and are attached as Exhibit "B ".
Mike Covelli 2295 N.W. Corporate Boulevard Boca Raton FL
(Architect for the project), presented the site plan they developed in order to do the 180
units on the overall site and not have to deal with the future two acre commercial parcel
that had a great deal of uncertainty in terms of timing. Mr. Covelli stated there have been
some modifications done to this plan so that they could make sure they could comply
with those 13 items in Exhibit "B" of the Board Order.
Michael S. Weiner Attorne with Weiner & Lynne, P.A. 10 S.E. 1s'
Avenue, Delray Beach, FL 33444, stated he is present for any questions the Commission
may have and they meet all the elements of the Board Order.
Mayor McDuffie asked 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.
Aisha Colon, 307 S.E, 12"' Road, Delray Beach, FL, 33483, stated she
has no problem with the zoning change concerning the overall area; however, she
expressed concern about some issues concerning the road. Ms. Colon stressed that S.E.
12th Road is a private road and if there is a zoning change it will affect her road. She met
with an Attorney and threw out some ideas but there was nothing solid or legally binding.
Ms. Colon stated she feels like the City is putting the carriage before the horse and is
stating this for the record in case there is any legal litigation.
There being no one else from the public who wished to address the
Commission, the public hearing was closed.
There was no cross - examination.
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Mr. Dorling gave the following rebuttal:
Mr. Dorling stated for clarification purposes there are some roads that
come in from Federal Highway that serve the trailer park now and what is being proposed
now is that road will be replaced with a road that then provides access. He stated those
will be processes that will follow this along with some abandonments that need to be
done and some replacement easements and right -of -way that are dedicated as part of this.
Mr. Weiner concurred with comments expressed by Mr. Dorling and
stated this is a public road.
Mr. Eliopoulos stated he supports the 22 units per acre; however, he
suggested making the architecture more consistent. Mr. Eliopoulos stated overall the
abutting properties should be happy because the applicant is giving them more space and
he commended the applicant for spreading that density out over the entire eight acres.
Mr. Fetzer stated he is very hopeful that SPRAB will address some of the
architectural concerns expressed by Commissioner Eliopoulos and he too is pleased to
see that the retail use is still not proposed and that it is going to spread out over a large
area. Mr. Fetzer stated he feels the access road problems have been addressed.
Mrs. Gray stated she is much happier with this project as well. She stated
she did have a concern about the road but it appears this is going to be worked out.
Mr. Frankel concurred with comments expressed by Commissioner
Eliopoulos and Commissioner Fetzer.
Mayor McDuffie stated he supports this project and feels the other things
can be worked out with SPRAB. He stated this is a much better project.
Mr. Frankel moved to adopt the Board Order as presented subject to the
conditions in Exhibit "B ", seconded by Mrs. Gray. 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.D. REQUEST TO WAIVE FEES FOR STAFF AND USE OF POMPEY
PARK FACILITIES FOR THE DR. MARTIN LUTHER KING JR. HOLIDAY
CELEBRATION: Consider a request to waive field permit and facility rental fees and
provide staff support at Pompey Park on January 15, 2011 from 8:00 a.m. -12:00 p.m.,
and January 17, 2011 from 11:00 a.m. -5:00 p.m., for the Dr. Martin Luther King, Jr.
Holiday Celebration.
Linda Karch, Director of Parks and Recreation, stated this item is before
the Commission for approval to waive the field permit and facility rental fees at Pompey
Park for the Dr. Martin Luther King, Jr. Holiday Celebration. The Dr. Martin Luther
King, Jr. Holiday Celebration is an annual event honoring Dr. King for his dedication to
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01/04/11
the advancement of equality for all Americans. Ms. Lillian Strainge, Chairperson for the
Martin Luther King (MLK) Holiday Celebration, requests that the fees for use of Pompey
Park's facilities and staff support be waived. Ms, Strainge requests the use of "Teddy's
Field" (Field 41) on Saturday, January 15, 2011 from 8:00 a.m. to 12:00 p.m. for their
track and field event. The field permit fee is $206.00 including 6% sales tax. On
Monday, January 17, 2011, Ms. Strainge has also requested the use of the gym, kitchen
and one room for activities at the end of the Memorial Walk. There will be a guest
speaker and light refreshments. The total fee for this rental is $1,343.20 including 6%
sales tax. Staff recommends that Dr. Martin Luther King, Jr. Day Holiday Celebration be
viewed as a City event and that the fees be waived.
Mrs. Gray moved to approve the request to waive fees for staff and use of
Pompey Park facilities for the Dr. Martin Luther King Jr. Holiday Celebration, 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.
9.E. DESIGNATE A CHAIRPERSON TO THE PUBLIC EMPLOYEE
RELATIONS COMMISSION: Designate a chairperson to the Public Employees
Relations Commission (PERC).
Mr. Fetzer moved to designate Edward Desmond as Chairperson to the
Public Employees Relations Commission (PERC), 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.
9.F. APPOINTMENT TO THE CODE ENFORCEMENT BOARD:
Appoint one (1) regular member to the Code Enforcement Board to serve a three (3) year
term ending January 14, 2014. Based upon the rotation system, the appointment will be
made by Commissioner Frankel (Seat #3).
Mr. Frankel moved to reappoint Kelli Freeman as a regular member to the
Code Enforcement Board to serve a three (3) year term ending January 14, 2014,
seconded by Mr. Eliopoulos. 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.
9.G. ' APPOINTMENT TO THE GENERAL EMPLOYEES
RETIREMENT FUND COMMITTEE: Appoint one (1) regular member to the
General Employees Retirement Fund Committee to serve an indefinite term. Based upon
the rotation system, the appointment will be made by Commissioner Eliopoulos (Seat
#1).
Mr. Eliopoulos moved to appoint James Smith as a regular member to
serve on the General Employees Retirement Fund Committee to serve an indefinite term,
seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Gray —
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01/04/11
Yes; Mayor McDuffie — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer — Yes; Mr. Frankel —
Yes. Said motion passed with a 5 to 0 vote.
9.H. APPOINTMENT TO THE FINANCIAL REVIEW BOARD: Appoint
one (1) alternate member to the Financial Review Board to serve an unexpired term
ending July 31, 2011. Based on the rotation system, the appointment will be made by
Commissioner Frankel (Seat #3).
Mr. Frankel moved to appoint Barbara Chester as an alternate member to
the Financial Review Board to serve an unexpired term ending July 31, 2011, seconded
by Mrs. Gray. 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.
At this point, the time being 7:40 p.m., the Commission moved to Item
12, First Readings.
12. FIRST READINGS:
12.A. ORDINANCE NO. 02 -11: City initiated amendment to the Land
Development Regulations (LDR) Section 4.5.3, "Flood Damage Control Districts ", to
add new regulations to conform with changes in State laws. If passed, a public hearing
will be held on January 18, 2011.
office.)
The caption of Ordinance No. 02 -11 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES,
BY AMENDING SECTION 4.5.3, "FLOOD DAMAGE
CONTROL DISTRICTS ", TO BRING THE SECTION
INTO COMPLIANCE WITH STATE STATUTES;
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 02 -11 is on file in the City Clerk's
The City Attorney read the caption of the ordinance.
Paul Dorling, AICP, Director of Planning and Zoning, stated this is a city -
initiated amendment to the LDRs that amends provisions of the flood damage control
section to comport with the State law. Mr. Dorling stated recent changes made in the
Florida Building Code require these amendments so that the City is consistent.
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01/04/11
At its meeting of December 20, 2010, the Planning and Zoning Board
voted 6 to 0 to recommend approval.
Mr. Eliopoulos stated depending on where this happens we should be
aware and we have run into the past where a new project comes in and the Marina
District where there are maybe some flood zone areas from the Intracoastal people have
to realize these buildings are going to get taller. He stated although it is only a foot it
does elevate it. Mr. Eliopoulos stated in the past people have made comments about
homes being so big also because houses tend to be higher ceilings. Mr. Eliopoulos stated
he was not aware of this part but he feels we should follow it.
Mr. Frankel moved to approve Ordinance No. 02 -11 on FIRST Reading,
seconded by Mr. Eliopoulos. 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.
13. COMMENTS AND INQUIRIES ON NON- AGENDA ITEMS.
13.A. City Manner
The City Manager stated before Christmas a representative from Ephesus
French Seventh Day Adventist Church presented the City of Delray Beach with a plaque
on their sincere appreciation for the City's support to the Haitian. community.
;t Secondly, the City Manager stated at the last Commission meeting there
were questions about the South Federal Highway Redevelopment Plan status and noted
staff is finalizing the existing conditions analysis portion of the plan and is in the process
of putting together a complete timetable for the task. He stated Public Input Meetings are
scheduled for the month of February and as soon as staff receives a more definitive
schedule staff will let the Commission know.
The City Manager stated there was a question about Deck 84 and the
possibility that they were doing a patio extension. He stated that has been discussed and
this extension may include decking, seating, and an outdoor fire pit. The City Manager
stated there has been no official submission to the Planning and Zoning Department at
this time.
The City Manager stated the LDRs do not contain a definition for mixed
use and what'kinds of projects constitute mixed use in the City's code. He stated mixed
uses and multiple uses on a unified site has reduction required parking based on shared
parking. He stated if we want to limit the mixed use designation to vertical or horizontal
integrated buildings, then we would need to add something to the City's code. The City
Manager asked if the City Commission would like staff to draft something up. Mr.
Eliopoulos stated he does not feel that this Commission has run into what previous
Commissions have run into and what were considered mixed use projects by how they
were defining it. He stated the one this evening was a good example of what we had
before us last month and they got a lot of benefits. Mr. Eliopoulos stated when you are
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integrating the buildings in a mixed use project it is much more costly and expensive but
it is really mixed use. He stated the argument can be made that it is a mixed use site but
they seemed to get all the benefit last time of a mixed use and putting everything on one
site and reserving the one part to do whatever they wanted with regards to retail or
business. Mr. Dorling stated staff can provide a definition which limits it to what the
Commission is talking about. However, Mr. Dorling stated if the real concern of the
Commission is shared parking and the ability to use shared parking, the shared parking
also applies to multiple uses which is different from mixed uses and would extend that
benefit to the project similarly and staff can look at that language as well. The City
Manager stated his concern with this is not the shared parking but the density credit; that
you are getting credit as if the commercial piece were part of the residential site which it
was off to the side separate. Yet if you look at it as mixed use, they were getting credit as
if it were part of the apartment building site. The City Manager stated that is not really
appropriate although we have done this on several occasions but this needs to be
clarified.
Lastly, with regard to the noise issue at Deck 84, the City Manager stated
Code Enforcement had initially visited the site on December 16, 2010 in response to
complaints they had received. The City Manager stated Code Enforcement met with one
of the managers and advised him of the City's ordinance regarding noise and prohibition
use of outside speakers. He advised that on Saturday and Sunday they had planned to
have music on the outdoor patio and they advised that this could be a problem since the
use of amplified music is not allowed and they agreed to cancel those plans. The City
Manager stated a follow up visit by Code Enforcement and Clean & Safe Officers was
scheduled with the general manager and business owner on December 21, 2010 in
response to the "Red Bull" barge that had been docked on the Intracoastal near the
restaurant. The City Manager stated this barge was a promotional event that they were
doing in various cities along the Intracoastal. There was skateboarding and loud music in
the afternoon during the event. Both the manager and the owner were advised of the
problems with this type of event and they were cooperative and assured staff that this
type of event would not be done in the future. The clientele appears to be an older crowd
so staff does not expect a repeat of this event. The City Manager stated Clean & Safe
Officers will continue to monitor noise that occurs outside the business day and Code
Enforcement will be responsible for issuing any necessary violations in the future.
13.B. City Attorney
The City Attorney had no comments and inquiries on non - agenda items.
13.C. City Commission
13.C.1. Mr. Fetzer
Mr. Fetzer thanked staff for addressing the Deck 84 noise issues and stated
as far as the density issues and modifying the LDRs to correct that he is very supportive
of that.
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01/04/11
Secondly, Mr. Fetzer wished everyone a Happy New Year.
13.C.2. Mr. Eliopoulos
Mr. Eliopoulos stated the holidays were great and he wished everyone a
Happy New Year. He stated Delray Beach shined like no other city and it was fantastic.
Secondly, Mr. Eliopoulos stated he received a call regarding the mixed use
building north of Atlantic Avenue (southbound Federal Highway) that has been taken
over by the banks and he is happy to see something happening there. Mr. Eliopoulos
stated the property owner is Dolphin Bay Developer (northeast side of the property) and
claims their property was damaged. Mr. Eliopoulos stated we need to step in and protect
adjacent property owners.
Lastly, Mr. Eliopoulos wished Mr. Frankel good luck on the game.
13.C.3. Mrs. Gray
Mrs. Gray thanked Mr. Mike Malone from the Chamber of Commerce for
the Mayor's Interfaith Prayer Breakfast this morning and stated it was awesome. Mrs.
Gray commented on some changes to the program stating it was inclusive to more people
in the community and extended kudos to the Chamber for actually moving it to the Boys
and Girls Club.
Secondly, Mrs. Gray stated she attended a presentation that Randal
Krejcarek, City Engineer gave at St. Andrews School in Boca Raton and he did a great
job.
Lastly, Mrs. Gray commented about Lillian` Strainge and Martin Luther
King (MLK) Day and stated she hopes that everyone canIjoin them,at the breakfast that
morning and the activities at Pompey Park.
13.C.4. Mr. Frankel
Mr. Frankel wished everyone a Happy New Year.
13.C.5. Mayor McDuffie
Mayor MCDuffle thanked everyone involved with the Christmas tree and
the grounds of Old School Square, the Downtown Marketing Cooperative (DMC), and
the volunteers for a wonderful job. He also thanked Channel 12 News and stated he has
heard positive things about Santa's arrival in a helicopter all over this county. Mayor
McDuffie stated from the stage, he has never seen so many people at the tree lighting and
feels the attendance was easily double from what it was last year, thanks to Channel 12
News and all the promos they gave the city and everyone's hard work.
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01/04/11
Secondly, Mayor McDuffie stated First Night was an incredible success
again and commented about the drop of the Mercedes Benz. He stated he would love to
see the tennis center filled at both the 9:00 p.m. and the midnight fireworks celebration,
but he was favorably impressed that at the 9:00 p.m. fireworks celebration there were far
more people than at the midnight fireworks celebration which says we are reaching out to
families because the families were the ones that were there at the 9:00 p.m. fireworks
celebration and he thinks this is a good trend.
Mayor McDuffie stated the Mayor's Interfaith Prayer Breakfast was
tremendous and there were 185 people in attendance and the Boys and Girls Club was a
terrific venue. He stated there was a tremendous mix of ethnicities and religions at the
breakfast and everyone that participated was very complimentary about the breakfast this
morning.
Lastly, Mayor McDuffie stated it was a great holiday season and wished
everyone a Happy New Year.
There being no further business, Mayor McDuffie declared the meeting
adjourned at 7:57 p.m.
City Clerk
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 January 4, 2011, which Minutes were formally approved and adopted by the City
Commission on Janup a 18, 2011.
City Clerk
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01/04/11
NOTE TO READER:
If the Minutes you have received are not completed as indicated above, this means they
are not the official Minutes of the City Commission. They will become the official
Minutes only'after review and approval which may involve some amendments, additions
or deletions as set forth above.
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IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
WAIVER REQUESTS FOR 209 NORTH SWINTON AVENUE
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. The waiver requests regarding 209 North Swinton Avenue has come
before the City Commission on January 4, 2011.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the waiver request for 209 North
Swinton Avenue. All of the evidence is a part of the record in this case. Required
findings are made in accordance with Subsection I.
I. WAIVERS:
LDR Section 4.6.9(D)(3)(a -b) requires that the point of access to a street and the
driveway aisle not be less than 24'. The Applicant has requested a reduction from 24'
to 10'4" for the drive aisle along the north property line adjacent to the historic building.
LDR Section 4.6.16(H)(3)(d) requires that a 5' wide landscaped barrier be provided
between the off- street parking area or other vehicular use area and abutting properties.
The Applicant has requested a reduction from a 5' landscaped barrier width to 2' along
a portion of the north property line, and 1'11" along the east property line.
LDR Section 4.6.16(H)(3)(i) requires that each row of parking spaces terminate by a
landscape island containing a minimum of 75 square feet of piantable area, with a
dimension of five (5) feet, exclusive of the required curb. The Applicant has requested
a reduction to approximately 36 square feet of piantable area within a 2' wide terminal
landscape island between the building and the handicap parking space.
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.
Does the waiver request to LDR Section 4.6.9(D)(3)(a -b) meet all the requirements
of 2.4.7(8)(5)
it
City Commission Meeting on January 4, 2011; Item 93.
Yes ✓ No
Does the waiver request to LDR Section 4.6.16(H)(3)(d) meet all the requirements
of 2.4.7(B)(5)
Yes ✓ I No
Does the waiver request to LDR Section 4.6.16(H)(3)(1) meet all the requirements
of 2.4.7(B)(5)
Yes ✓ No
3. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the request was submitted and finds that its
determinations set forth in this Order are consistent with the Comprehensive Plan.
4. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
5, Based on the entire record before it, the City Commission approves ✓
denies the waiver requests to LDR Section 4.6.9(D)(3)(a -b), Section
4.6.16(H)(3)(d), and Section 4.6.16(H)(3)(i), subject to the conditions, if any, imposed in
this order.
6. Based on the entire record bei
this Order this 4t" day of January, 2011, 1
opposed.
ATTEST:
Chevelle Nubin, C' ierk
2
City Commission Meeting on January 4, 2011; Item 3.13.
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
CONDITIONAL USE REQUEST FOR A MULTIPLE FAMILY DEVELOPMENT
KNOWN AS FRANKLIN AT DELRAY BEACH TO ALLOW A
RESIDENTIAL DENSITY OF UP TO 22 DWELLING UNITS PER ACRE.
ORDER OF THE CITY COMMISSION
OF 'rHE CITY OF DELRAY BEACH, FLORIDA
1. This conditional use request has come before the City Commission on
January 4, 2019. The conditional use request is for a multiple family development
known as Franklin at Delray Beach to allow a residential density of up to 22 dwelling
units per acre
2. The City staff, applicant, and other persons have presented documentary
evidence and testimony to the City Commission pertaining to the conditional use
request of Franklin at Delray Beach. All of the evidence is a part of the record in this
case. Required findings are made in Sections 1 and 11 below.
1. COMPREHENSIVE PLAN
A. Future Land Use Map: The subject property has a Future Land Use Map
(FLUM) designation of General Commercial (GC) and a zoning designation of Planned
Commercial (PC), which are consistent with one another. Pursuant to LDR Section
4,4.12(G)(5), multiple family residential development with residential densities up to 22
dwelling units per acre is allowed as a conditional use in the PC zoning district. Based
upon the above, positive findings can be made with respect to consistency with the
Future Land Use Map.
Are the requirements of the Future Land Use Map met?
Yes J No
B. Concurrency: 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.
9
City Commission Meeting on January 4, 2011; Item 9.C.
Are the concurrency requirements met with respect to water, sewer,
drainage, streets and traffic, parks, open space, solid waste and
schools?
yes ✓ No
C. Consistency: A finding of overall consistency must be made with
regard to the following:
1. Future Land Use ,Objective A -1. Property shall be developed or
redeveloped, in a manner so that the future use, intensity and density are
appropriate in terms of soil, topographic, and other applicable physical
considerations; encourage affordable goods and services; are complementary to
and compatible with adjacent land uses and fulfill remaining land use needs.
2. Transportation Element Policy A -1.3. The City endorses the
continued operations of the Palm Tran Transit System and its operations in
Delray Beach, and through policies of this Element related to the TCEA, will
coordinate with Palm Tran to improve the system.
3. Transportation Elemen Polic y A -2.2. Commensurate with approval
of development plans, provisions shall be made for dedication of land for the
ultimate 'planned right-of-way of adjacent streets. Such dedication shall also
include sufficient right -of -way for expansion of intersections pursuant to the Palm
Beach County Thoroughfare Right -of -Way Identification Map.
4. Transportation Element Polic y D -2.2. Bicycle parking and facilities
shall be required on all new development and redevelopment. Particular
emphasis is to be placed on development within the TCEA Area,
5. Q en Space and Recreation Element Policy A-3.1. Tot lots and
recreation areas serving children from toddlers to teens, shall be a feature of all
new housing developments as part of the design to accommodate households
having a range of ages. This requirement may be waived or modified for
residential developments located in the downtown area and for infill projects
having fewer than 25 units.
B." Housing Element Policy A- 12.1,. The City shall evaluate the effect
that anystreet widening or traffic circulation modification may have upon an
existing ,neighborhood, and shall allow opportunity for public input on the
proposed change. If it is determined that the widening or modification will be
detrimental and result in a degradation of the neighborhood, the project shall not
be permitted.
7. Housing Element 4biective B -2. Redevelopment and the
development of new land shall result in the provision of a variety of housing types
2
City Commission Meeting on January 4, 2091; Item 9.C.
which shall continue to accommodate the diverse makeup of the City's
demographic profile, and meet the housing needs identified in this Element.
Policies, which will implement this objective, include:
a. Housinq Element Policy B -2.2. The development of new
adult oriented communities within the City is discouraged.
New housing developments shall be designed to
accommodate households having a range of ages,
especially families with children, and shall be required to
provide three (3) and four (4) bedroom units and activity area
for children ranging from toddlers to teens. This requirement
may be waived or modified for residential developments
located in the downtown area and for infill projects having
fewer than 25 units.
b. Housing Obiective A -12. To assist residents of the City in
maintaining and enhancing their neighborhood environment,
the City shall take steps to ensure that modifications in and
around the neighborhood do not lead to its decline, such as
those described in the following policies.
C. Housing Policy A- '12.3. In evaluating proposals for new
_
development or redevelopment, the City shall consider the
effect that the proposal will have on the stability of nearby
neighborhoods. Factors such as noise, odors, dust, traffic
volumes and circulation patterns shall be reviewed in terms
of their potential to negatively impact the safety, habitability
and stability of residential areas. If it is determined that a
proposed development will result in a degradation of any
neighborhood, the project shall be modified accordingly or
denied.
Are the consistency requirements met such that the proposed
project is complementary to and compatible with adjacent land uses
and the beneficial aspects of the project outweigh the negative
impact of identified points of conflict?
Yes Vol No
11. LDR REQUIREMENTS
not:
A. Section 2.4.E E 5 re ulres certain findln s: The conditional use will
1. Have a significantly detrimental effect upon the stability of the
neighborhood within which it will be located;
{; 3
City Commission Meeting on January 4, 2011; Item 9.C.
2.' Hinder development or redevelopment of nearby properties.
Will Section 2.4.5(E)(5) be met?
Yes ✓ No
B. Pursuant to Section 4.4.12(G)(5), services are allowed as a conditional
use in the PC Zoning District subject to the following requirements:
Minimum FamilyNVorkforce Housing: Pursuant to LDR [Land
Development Regulation] Section 4.4.12(G)(5), a density of 22 units dwelling
units per acre is allowed in the PC (Planned Commercial) zoning district provided
a minimum of 20% of the 184 dwelling units (3+6) must be designated for
workforce housing. Per LDR Section 4.7.9(a), all workforce housing units shall
be situated within the development so as not to be in less desirable locations
than market -rate units in the development and shall, on average, be no less
accessible to public amenities, such as open space, as market -rate units.
Further, per LDR Section 4.7.9(b), the workforce units must be integrated with
the rest of the development and shall be compatible in exterior design,
appearance, construction, and quality of materials and contain comparable
HVAC systems and appliances with market rate units and provide them as
standard features. All workforce housing units shall contain comparable square
footage to the corresponding market -rate unit.
Has this requirement been meta
Yes ✓ No
2.a Performance Standards: Per LDR Section 4.4.6(1)(1), in order to
increases project density beyond six (6) units per acre, the approving body must
make a finding that the development substantially complies with the performance
standards listed in this section. The intent of the standards is to mitigate the
impacts of the additional density both internal and external to the site. The extent
to which a project meets the standards will determine the number of units per
acre that will be permitted. For example, if a project meets or exceeds all of the
standards, and is otherwise consistent with applicable standards and policies of
the City's Comprehensive Plan and Land Development Regulations, the
maximum density is permitted. Projects which only partially achieve these
standards will be permitted a correspondingly lower density. The performance
standards are as follows:
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
4
City Commission Meeting on January 4, 2011; Item 9.C.
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.
The proposed street network is comprised of surface parking
areas that have short segments that are controlled at
intersections with stop signs. The meandering of the internal
street will calm traffic by lowering vehicle speeds. The
development includes two vehicular access points to Federal
Highway. These consist of the existing northern driveway to
the Professional Office Plaza for Acquilano and the primary
middle driveway that includes a deceleration lane. The site
plan indicates that there will be crosswalks at strategic points
along the interior street system. In order to improve
pedestrian safety, it is recommended that these be raised
and this is attached as a condition of approval.
Has this requirement been met?
Yes ✓ No
b. Buildings are placed throughout the development in a
manner that reduces the overall massing, and provides
a feeling of open space.
Per LDR Section 4.0.2 [Distance Between Residential
Building] a building separation is required. The concept plan
does not contain sufficient information to determine
compliance with this requirement. Thus, a technical item is
attached that the information be provided and graphically
noted on the plans. Further, the buildings have been
arranged on the property to enhance view corridors, which
greatly reduces the sense of massing.
Has this requirement been met?
Yes ✓ No
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
5
City Commission Meeting on January 4, 2011; Item 9.C,
feet (or fraction thereof) is provided; trees exceed the
required height at time of planting by 25% or more; and
a hedge, wall or fence is provided as a visual buffer
between the properties.
The property is bordered on the north by RM (Multiple
Family Residential — Medium Density) and R-1 -A (Single
Family Residential), and on the west by SAD (Special
Activities District) [Silver Terrace Subdivision], which all have
lower allowed densities than the subject property. The
following table identifies the required, increased, and
provided setbacks adjacent to these properties:
Boundary
Yard
Required Building
Total Increased
Setback
Setback
Setback 25%
Provided
Single Family
Side
0'
0'
39'
Residences
Interior
Heritage Club
Side
o'
W
65'
Interior
Park Place
Side
0'
0'
67'
Interior
Silver Terrace
Rear
10'
12.5'
47.37'
Subdivision
The perimeter trees along the north and west sides of the
property include 15 foot high Live Oak trees, 15 -foot high
Mahogany trees, 12 foot high Lavender Crape Myrtle trees,
and 12 -foot high Glacous Cassia. These trees will be under -
planted with Golden Duranta, Green Buttonwood, Green
Island Ficus, and Sword Fern. The development proposal
also includes a 5 -foot high fence along the east and west
sides of the single family residences and a 5 -foot fence
along the western perimeter of the property. Pursuant to
LDR Section 4.6.16(E)(5), the Glacous Cassia and the
Lavender Crape Myrtle are required to be a minimum height
of 15 feet at the time of planting and this is attached as a
condition of approval.
Has this requirement been met?
Yes ✓ No
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
1.1
City Commission Meeting on January 4, 2091; Item 9.C.
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.
The building style of the apartment complex is an eclectic
contemporary interpretation. The elevations contain
numerous plane changes, which creates interest and
shadowing effects. The project contains 7 different
variations of buildings based on the size /number of units for
each building. The architectural representation remains
constant in each. However, building types #1, #2, #5, and
#6 contain a large blank wall on the garage side of the units.
The use area behind this wall is bedrooms within the units.
These building types should be redesigned to provide
windows for these bedrooms or vertical and horizontal
elements to provide interest and this is attached as a
condition of approval.
Has this requirement been met?
Yes ✓ No
e. A number of different unit types, sizes and floor plans
are available within the development in order to
accommodate households of various ages and sizes.
Multi family housing will at a minimum have a mix of
one, two and three bedroom units with varying floor
plans. Single family housing (attached and detached)
will at a minimum offer a mix of three and four bedroom
units with varying floor plans.
The development proposal includes 72 one - bedroom
dwelling units, 92 two- bedroom dwelling units, and 16 three -
bedroom dwelling units. These three unit types have a total
of 11 different floor plans.
Has this requirement been met?
Yes ✓ No
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
7
City Commission Meeting on January 4, 2011; Item 9.C.
and native habitat are created and incorporated into the
project.
The property does not contain an existing natural area or
water body that warrants preservation and the proposal does
not include the creation of a meaningful native open space
habitat. The City Commission approved the project known
as Latitude Delray (flea Lindell Square), which did not provide
the natural area on -site. It was determined as part of the
conditional use approval process for Latitude Delray that the
applicant would contribute 1% of the property assessment
toward the improvement of Leon Weekes nature preserve,
which is located on the west side of Old Dixie Highway and
the FEC Railroad right-of-way. Since the applicant has not
provided a meaningful natural area on the subject property, it
is recommended that off -site mitigation be implemented.
There are several opportunities that may be utilized for
mitigation purposes such Atlantic Dunes Park, the municipal
beach dunes, or Leon Weekes nature preserve. According
to the Palm Beach County Property Appraiser information
the assessed value of all the properties involved with the
application is $4,887,185. The contribution of 1% would
result in the remittance of $48,871, which will be used
toward the off -site mitigation of a natural area within the City.
A condition of approval is attached that the applicant
contributes $48,871 prior to issuance of a building permit.
Has this requirement been met?
Yes V No
g. The project provides a convenient and extensive
bicyclelpedestrian network, and access to available
transit.
The project area is a relatively compact urban development
that does not have the more pastoral characteristics of a
suburban development, which would warrant bicycle lanes.
The development proposal has a poor pedestrian system
with few or no pedestrian connections, especially to key
points such as the tot lotfdog park, dumpster enclosure, and
clubhouse and pool. It is recommended that the long stairs
on the garage side of the units be converted to two -flight
stairs, which should provide an opportunity to have
sidewalks. A condition of approval is attached the pedestrian
City Commission Meeting on January 4, 2099; Item 9.C.
system is redesigned to provide connections for all dwelling
units.
Has this requirement been met?
Yes ✓
No
3. Parking Requirements: Per LDR Section 4.6.9(C)(2) (c), parking
for multi- family residential structures must be provided pursuant to the following:
• Efficiency dwelling unit
1.0 space /unit
• One bedroom dwelling unit
1.5 spaces/unit
• Two or more bedroom dwelling unit
2 spaces/unit
• Guest parking shall be provided cumulatively as
follows:
- for the first 20 units
0.50 spaces/unit
- for units 21 -50
0.30 spaces/unit
- for units 51 and above
0.20 spaces/unit
Based on the above, the proposed development (72 one bedroom units, 92 two -
bedroom .units, and 16 three - bedroom dwelling units) is required to provide 369
parking spaces.
Has this requirement been met?
Yes ✓ No
4. Perimeter Landsca a Strip: Per LDR Section 4.6.16(H)(3)(d), a
5-foot landscape strip is required between off-street parking and vehicular use
areas and abutting properties. The required landscape strip does not appear to
have been provided along the north and south sides of the property due to the
encroachment of the vehicle overhang. A technical item is attached that
dimension of the landscape strip be provided on the plans and that they are a
minimum of 5 feet.
Has this requirement been met?
Yes ✓ No
5. Special Landscape Setback: Per LDR Section 4.3.4(H)(6)(b), a
25 -foot special landscape setback is required along Federal Highway. Within this
special landscape setbacks, no structures shall be altered, erected, or
reconstructed; nor shall any paving be allowed except for driveways and
City Commission Meeting on January 4, 2011; Item 9.C.
sidewalks which lead to structures on, or provide access to, the site and then
only when generally perpendicular to the frontage. The proposed decorative
fence encroaches into this required special landscape setback. A waiver request
will be submitted and considered by the SPRAB during the site plan, review
process for this fence.
Has this requirement been met?
Yes ✓ No
I The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the conditional use application was submitted.
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 and testimony of witnesses
supporting these findings.
5. Based on the entire record before. it, the City Commission approves ✓
denies the conditional use application subject to the conditions attached hereto in
Exhibit "B" and hereby adopts this Order this 4th day of January 2011, �te of
5 in favor and 0 opposed.
TTE
Chevelle Nubin
City Clerk
10
Nelson S. MCDuff[e, Mayor
City Commission Meeting on January 4, 2011; Item 9.C.
V
EXHIBIT $$By'
Conditions Related to Franklin at Delray Beach Conditional Use
1. Approval of a site plan by SPRAB that is in general conformance to the submitted
sketch plan and addresses the "Exhibit "A" - Technical Itemsn attached in the
staff report.
2. That a workforce housing covenant [LDR Section 4.7.6(a)] be submitted,
approved by the City Attorney's Office and recorded. The covenant needs to
include a monitoring provision that conveys monitoring authority to the City of
Delray Beach.
3. That the required buffer trees along the north and west sides of the property are
a minimum height of 15 feet at the time of planting.
4. That the applicant contributes $48,871 prior to issuance of a building permit for
the nature area mitigation.
5. That building types #1, #2, #5, and #6 are redesigned to provide windows or
vertical and horizontal treatment for the blank wall area on the garage sides of
the units, details to be worked out with staff.
6. That the building elevations be revised to include varying architectural treatments
and wall sconces for the garages, architectural details to be worked out with staff.
7. That the tot ,lot be designed in a location that meets staff approval.
8. That the crosswalks be raised or have other traffic calming where raised
crosswalks `are not possible, with the requirement that a raised crosswalk be
across the main drive between building six and the recreation building.
9. That the pedestrian system is redesigned to provide connections for all dwelling
units and recreational amenities, where possible.
10. That language is included in the leases that require utilization of the garages for
tenant vehicle parking.
11. That the barriers that restrict access to SE 1: t" Road be eliminated.
12.That the parking distribution be analyzed and adjustments made to provide
adequate parking particularly in the northern portion of the development, to the
satisfaction of staff.
13. That all of the recreation facilities currently proposed to be accessible to
teenagers,
1
City Commission Meeting on January 4, 2011; Item 9.C.
E