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02-15-11 Regular Minutes
FEBRUARY 15, 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, February 15, 2011. 1. Roll call showed: Present - Commissioner Gary P. Eliopoulos Commissioner Fred B. Fetzer Commissioner Angeleta E. Gray Mayor Nelson S. McDuffie Absent - Commissioner Frankel Also present were - David T. Harden, City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Dr. Gary Guerrier with First Baptist Church Foundation of the Apostles. 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.A., Presentations by addendum. Mayor McDuffie stated staff has requested that Item 10.A., Ordinance No. 04 -11 (First Readinl!/First Public Hearing) be postponed to March 15, 2011 and the Second Reading /Second Public Hearing to April 5, 2011. Mr. Eliopoulos requested that Item S.A., Final Subdivision Plat Approval /Swinton Acres of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A. and Item S.K.I., Award of Bids and Contracts to Chaz_Eguipmen t of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A.A. Mr. Eliopoulos moved to approve the Agenda as amended, seconded by Mrs. Gray. Upon roll call the Commission voted as follows. Mr. Fetzer — Yes; Mrs. Gray — Yes; Mayor McDuffie --- Yes; Mr. Eliopoulos — Yes. Said motion passed with a 4 to 0 vote. 02/15/11 5. APPROVAL OF MINUTES: Mrs. Gray moved to approve the Minutes of the Workshop Meeting of January 11, 2011, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer -- Yes. Said motion passed with a 4 to 0 vote. Mr. Eliopoulos moved to approve the Minutes of the Annual Citizen's Roundtable Meeting of January 25, 2011, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor McDuff e — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer — Yes; Mrs. Gray — Yes. Said motion passed with a 4 to 0 vote. Mrs. Gray moved to approve the Minutes of the Regular Meeting of February 1, 2011, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos — Yes; Mr. Fetzer — Yes; Mrs. Gray — Yes; Mayor MCDuffic — Yes. Said motion passed with a 4 to 0 vote. 6. PROCLAMATIONS: 6.A. Arbor Day February 22, 2011 Mayor McDuffie read and presented a proclamation hereby proclaiming February 22, 2011 as Arbor Day in the City of Delray Beach. Lula Butler, Director of Community Improvement, came forward to accept the proclamation and gave a few brief comments. 7. PRESENTATIONS: 7.A. South Florida Water Management District - Dry Season Presentation (ADDENDUM) Aneta Sewell, Outreach Specialist for the South Florida Water Management District (West Palm Beach), stated all of the Intergovernmental Specialists and Outreach Specialists are going to all the municipalities in Palm Beach County to inform everyone on the upcoming drought. Ms. Sewell stated we are currently in a very dry season and the National Weather Service is calling it "extremely dry'. Ms. Sewell gave a brief presentation regarding the projections for dry season. Mayor McDuffie asked how this affects the City's reclaimed water system. Richard Hasko, Director of Environmental Services, stated users of reclaimed water are specifically exempt from water restrictions when they go into effect. Ms. Sewell stated in 2008/2009 when we were in water restrictions they had no problem with the City of Delray Beach and Delray Beach is one of the top municipalities that have gone to reclaimed water. 2 02/15/11 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. S.B. RESOLUTION NO. 08 -11: ABANDONMENT OF A UTILITY EASEMENT; SHULER'S MEMORIAL CHAPEL: Approve Resolution No. 08 -11 abandoning a 10' x 150' utility easement located on Shuler's Memorial Chapel property at 606 West Atlantic Avenue. The caption of Resolution No. 08 -11 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A UTILITY EASEMENT DEDICATED BY AN EASEMENT DEED RECORDED IN O.R.B. 1006, PAGE 260, AS MORE FULLY DESCRIBED IN EXHIBIT "A ". The official copy of Resolution No. 08 -11 is on file in the City Clerk's office. 8.1C. ACCEPTANCE OF A RIGHT -OF -WAY DEED /362 N.E. 3RD AVENUE: Approve and accept a right- of-way deed for dedication of 2' of alley right - of -way and 5' of road right -of -way associated with renovation for a public parking lot at 362 N.E. 3rd Avenue. 8.D. REQUEST FOR SIDEWALK DEFERRALS /SEASAGE DRIVE AND TAMARIND ROAD: Approve a request to defer the installation of sidewalks along Seasage Drive and Tamarind Road for the Ferrara Residence located at the northeast corner of Seasage Drive and Tamarind Road. 8.E. REQUEST FOR SIDEWALK DEFERRAL /1018 POINSETTIA DRIVE: Approve a request to defer the installation of a sidewalk along Poinsettia Drive for the Fonfara Residence located at 1018 Poinsettia Drive. 8.F. AGREEMENT EXTENSION /DR. JOHN FLETEMEYER/SEA TURTLE MONITORING SERVICES: Approve an agreement extension for one year with Dr. John Fletemeyer in the amount of $38,750.00 for sea turtle monitoring services. Funding is available from 332 - 4164 -572 -34.90 (Beach Restoration Fund: Other Contractual Services). 8.G. DISASTER RECOVERY INITIATIVE (DRI)/HOUSING REHABILITATION CONTRACT AWARD: Approve one (1) Housing Rehabilitation contract award for the project located at 808 S.W. 11th Terrace to Ray Graeve and Sons Construction, Inc., the lowest responsive bidder, in the amount of $33,723.21 for housing rehabilitation under the Disaster Recovery Initiative (DRI) 3 02/15/11 Program. Funding is available from 118 - 1960 - 554 -49.19 (Neighborhood Services /Other Current Charges/Housing Rehabilitation). 8.H. CHANGE WORKSHOP MEETING DATE IN MARCH: Approval to reschedule the Workshop Meeting from March 10, 2011 to March 8, 2011. 8.I. RESOLUTION NO. 05 -11: Approve Resolution No. 05-11 amending Resolutions No. 55 -09 and No. 58 -09, which established the responsibilities of the Financial Review Board and its member requirements, to clarify that the board's duties shall fall under the direction of the City Manager or City Commission and restrict the membership of the board. The caption of Resolution No. 05 -11 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTIONS 55 -09 AND 58 -09, WHICH ESTABLISHED THE RESPONSIBILITIES OF THE FINANCIAL REVIEW BOARD AND ITS MEMBER REQUIREMENTS, TO CLARIFY THAT THE BOARD'S DUTIES SHALL FALL UNDER THE DIRECTION OF THE CITY MANAGER OR CITY COMMISSION AND TO RESTRICT THE MEMBERSHIP OF THE BOARD; PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 05 -11 is on file in the City Clerk's office.) 8_J. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period January 31, 2011 through February 11, 2011. 8.K. AWARD OF BIDS AND CONTRACTS: 1. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A. 2. Contract award to multiple vendors in the amount of $115,159.59 for emergency repair of the 36" Raw Water Main at the intersection of S.W. 10th Street and 15th Avenue. Funding is available from 442 - 5178 - 536 -63.50 (W & S Renewal & Replacement Fund: Improvements Other /Water Mains), 3. Contract award to Associated Consulting Professionals for lead based paint testing and /or risk assessments as needed for houses built prior to 1978 participating in the City's housing rehabilitation 4 02/15/11 program. Funding is available from 118 -1960- 554 -49.19 (Neighborhood Services /Other Current Charges /Housing Rehabilitation) and 118 -1963- 554- 49.19(Neighborhood Services /Other Current Charges /Housing Rehabilitation). Mr. Eliopoulos moved to approve the Consent Agenda as amended, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Fetzer — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Eliopoulos — Yes. Said motion passed with a 4 to 0 vote. 9. REGULAR AGENDA: 9.A.A. FINAL SUBDIVISION PLAT APPROVAL /SWINTON ACRES: Approve the final plat for a 0.62 acre, two (2) lot subdivision known as Swinton Acres. Commissioner Eliopoulos declared a conflict of interest and stepped down from the dais. Paul Dorling, AICP, Director of Planning and Zoning, stated this is located at the northwest corner of 16th and Swinton Avenue and there is a single family home on it. Mr. Dorling stated the proposal is to divide it and it meets all of the minimum requirements of the subdivision. He stated the applicant proposes to demolish the house and there is some interest in moving it; they are pursuing that but there is no requirement to do so. Mr. Fetzer moved to approve Item 9.A.A. (formerly Item 8.A.), seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Fetzer — Yes. Said motion passed with a 3 to 0 vote. At this point, Commissioner Eliopoulos returned to the dais. 9.A.A.A. AWARD OF BIDS AND CONTRACTS: Contract award to Chaz Equipment in the amount of $24,000.00 for the emergency repair of a 10" Force Main on Lowson Boulevard just west of Congress Avenue at the Abbey Delray entrance. Funding is available from 442 - 5178 -536 -63.51 (W & S Renewal & Replacement Fund: Improvements Other /Sewer Mains). Mr. Eliopoulos stated a member of this company was being investigated and wanted to ensure the City is following everything that we are supposed to be doing procedure wise and that we are not putting the City in a situation that we have to deal with later on. Richard Hasko, Director of Environmental Services, stated there are two items that are under Award of Bids and Contracts tonight and they both were emergency repairs which were the situation that presented challenges for the contractor Mr. Eliopoulos is referring to. However, the City's process is fairly stringent in how they do 5 02/15/11 that. Mr. Hasko stated first staff looks at contractors that are already working in the City the assumption being that they are already mobilized here so therefore receive pretty good prices from therm. However, Mr. Hasko stated staff will also select contractors as needed from the prequalification list. Mr. Hasko stated staff will get a minimum of three of them, meet on the site, and review the requirements with them. He stated everyone hears the questions and the scope. Mr. Hasko stated they are directed to respond date and time specific directly to the Purchasing Department. Mr. Hasko stated we as the administrative organization for the contractor are out of it at that point and then it is done as a generic bid opening. Mayor McDuffie asked for clarification that there have been no indictments or arrests. Mr. Hasko stated as of this date staff is not aware of any; however, this is an ongoing investigation. Mr. Eliopoulos moved to approve Item 9.A.A.A. (formerly item 8.K.1.), seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor McDuffie — Yes; Mr. Eliopoulos -- Yes; Mr. Fetzer — Yes; Mrs. Gray — Yes. Said motion passed with a 4 to 0 vote. 9.A. 'WAIVER REQUESTS/BRIGHT HORIZONS d[b /a 32 EAST: Consider two 2 waiver requests to Land Development ,,.. _ () q p 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 McDuffic asked the Commission to disclose their ex parte communications. Mrs. Gray stated she had a conversation with Marjorie Ferrer. Mr. Eliopoulos stated he met with George Brewer, ,Architect to discuss his proposal. Mr. Fetzer stated he received a telephone call from Marjorie Ferrer who supports the waivers. Mayor McDuffie stated he has had no ex parte communications since the last meeting. Paul Dorling, AICP, Director of Planning and Zoning, entered the Planning and Zoning Department project file 42010 -218 into the record. Mr. Dorling stated this item before the Commission is regarding two waiver requests; the first waiver seeks relief from LDR Section 4.4.13(F)(4)(a)(2) which requires a minimum front setback of five feet (5') for buildings with nonresidential uses on the ground floor. The waiver request is to permit balcony posts, a two- story, arched entry feature, and attached high top tables within this five foot front setback; the second on 02/15/11 waiver is to LDR Section 4.4.13(F)(8) which permits balconies to encroach a maximum of four feet (4') into the setback area. The waiver request is to permit the balcony on the front property line (0' setback) which results in an encroachment of five feet (5'). At its meeting of December 1, 2010, the Historic Preservation Board (HPB) considered and approved with conditions 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. The HPB considered the waiver requests with a 7 to 0 vote. Mr. Dorling stated at its meeting of January 4, 2011, the subject waiver requests were considered by the City Commission and tabled to the meeting of February 15, 2011. Staff supports two- thirds of the first waiver those that involve the balcony and the table top encroachments and supports the second waiver which allows the balcony to encroach five feet versus four feet. Mr. Dorling stated staff had an issue with the facade feature above the doorway. He stated they are proposing to come out to the zero (0 setback) and the required findings in the waiver section are not met with that feature. Mr. Dorling stated the setback requirements are an attempt to mitigate mass and scale. This is a massive structure which is proposed at zero (0) and staff does not support that portion of the waiver. At the last meeting, the City Commission directed staff to work with the applicant. Mr. Dorling stated staff has had some preliminary discussions about moving that back and reducing it in scale to allow staff to make the required findings under the waiver section. At this point, Mr. Dorling stated he did not come to meet with staff further and requested to be reconsidered at this time. For clarification, with regard to the balcony on the second floor, Mr. Eliopoulos asked if staff supports the railings going all the way out or is he supporting where it is shown on the drawings. Mr. Dorling stated where the balcony is shown now is allowed by the LDRs and to allow that balcony to expand would require an LDR change. Geor1le Brewer, Architect, 204 N.W. 9th Street, Delray Beach, FL 33444, stated the stumbling block from the last meeting which caused the tabling of this item was the entry feature and they were asked to meet with staff to see if they could come to some resolution and get the entry feature to be not as prominent and they did just that. However, Mr. Brewer stated in doing so instead of solving problems they ended up creating problems. He stated the entry feature comes out approximately five (5) feet from the building and the entry doors are double doors six (6) feet wide and if he were to bring the entry feature back in, the swing of the door would interfere with the entry feature. Mr. Brewer stated that would cause him to make the entry feature even wider which would make it more prominent and it would also create some handicap issues with the door swing. He stated regarding the actual canopy that is protecting the tables below there is a corner piece next to the entry feature and it is partially supported by the entry feature and the further he pushes it back towards the building he loses that structural ability to support that. Mr. Brewer stated their goal is to have rain protection and an entry feature with rain protection. He stated moving the entry feature back towards the 7 02/15/11 wall created too many problems that were not feasible. In addition, Mr. Brewer stated there is an existing brow to the building and that would have had some interference because it projects out and he would have had to connect to it. He distributed a photograph of the original building and stated there is a vertical element and signage that acts as an entry feature to the extent that it punctuates an entry. Mr. Brewer stated staff expressed concern about the inability to make those findings in regards to this waiver, LDR Section 2.4.7(B)(5), that it shall not adversely affect the neighboring area and would it be a special privilege. Mr. Brewer stated he does not believe this will grant a special privilege and noted that The Office restaurant has a two -story entry feature. He stated the two restaurants in Delray Beach that are two - stories are Boston's on the Beach and 32 East. Mr. Brewer stated pushing back the entry feature was not achievable and creates a great deal of difficulties. Mr. Brewer stated HPB would like to see the balcony brought all the way out to the edge of the canopy because it visually makes sense. Mr. Brewer stated there is a great deal of competition on Atlantic Avenue and noted this restaurant has won numerous awards and for the past ten years has been one of the top twenty restaurants in the State of Florida. Mayor McDuff e 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 hearing was closed. There was no cross - examination. Mr. Dorling gave the following rebuttal: Mr. Dorling stated the applicant spoke that he could not push this back but he did not mention anything about reducing the mass of this entry feature. Mr. Dorling stated if it were less massive possibly in absence of pushing it back the required findings could be made. He stated it has the potential to affect the neighboring area in that it has pushed this added mass to the streetscape. Mr. Dorling stated sidewalk cafes are issued as a temporary permit renewed every year and if you are not compliant then you lose the ability to have a sidewalk cafe and those tables. He stated when you are dealing with a physical building that encroaches into that area it becomes a little more difficult to treat it like a sidewalk cafe and therefore not allow it. Staff recommends two- thirds of the first waiver and the other waiver associated with the balcony. Mr. Brewer stated with regards to the mass the feature, in the drawing appears to look massive but it is shorter than the existing building and it has more openings than mass. He stated it is a gateway to the front door and there is a wide opening on the second level. Mr. Brewer stated the design of it is a reflection of what you find on the interior of the restaurant and noted there is a lot of woodwork on the interior. He feels this has been tastefully done and does not agree that this is overly massive. S 02/15/11 Mrs. Gray asked if the extension of the second floor is not granted would the applicant still be able to function without that extra footage there. Mr. Brewer stated it would not function well and noted that HPB recognizes that and supports the entry feature coming out to the edge. Mr. Brewer stated visually they would like the building to look properly designed. Mr. Brewer stated he understands there is a stumbling block with the LDRs but feels they can do this and have another addition to what is already a very exciting Avenue. Mrs. Gray stated she likes the design of the entry focal point but expressed concern about the way the LDRs are currently written concerning the second floor. Mr. Fetzer stated the comparison has been made to The Office restaurant and asked if there were any waivers to the LDRs done for this restaurant. Mr. Dorling stated Mr. Brewer is comparing that it is a two -story structure and there is a false facade providing a feeling of a second story. He stated that did not encroach into the setbacks as this building is proposing to do. Mr. Brewer stated The Office restaurant has no setback and 32 East actually has a setback. He stated the property line is where the new proposed structure to support the canopy would be and The Office is exactly on the property line. Mr. Brewer stated this building is in fact five (5) feet back from the property line. Mr. Brewer stated if they were to be built today they could not be where they are because that is a solid structure. In the past, Mr. Brewer stated the City has allowed canopies (Cut 432) and the City allowed the solid canopy structure to come to the property line but their property line is much further back. In terms of setbacks, Mr. Brewer stated the only comparison between 32 East and The Office is the two -story element and noted that The Office won the SPRAB award this year for its design. Mr. Eliopoulos concurs with staffs approach and stated he feels this is different because this is in the historic district. Mr. Eliopoulos stated he supports this element for the fact that it is in the historic district. He expressed concern over the balcony and the railing. Mayor McDuffie stated Mr. Brewer has designed a fantastic building and as a historic building you want to make things distinctively different that you have added on to a historic building so you can tell what the historic part is and what has been added to it. Mayor McDuffie stated he feels Mr. Brewer has accomplished that. Mayor McDuffie stated that staff can take a look at the LDR modification in the future. 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). 9 02/15/11 Mr. Eliopoulos moved to approve the Board Order as presented, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Eliopoulos — Yes; Mr. Fetzer — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes. Said motion passed with a 4 to 0 vote. At this point, the time being 6:58 p.m., the Commission moved to the Item W.A., Public Hearings. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 04 -11 (FIRST READING /FIRST PUBLIC HEARING): Privately initiated amendment to the Land Development Regulations (LDR) Section 4.4.13, "Central Business District ", Subsection (D), "Conditional Uses and Structures Allowed ", to add "Escorted Segway Tours" as a conditional use and amending Section 4.3.3, "Special Requirements for Specific Uses ", to enact a new Subsection (ZZZZ), "Segway Tours and Segway Sales ", to provide for specific requirements for the establishment and operation of such uses. If passed, a second public hearing will be held on March 1, 2011. (Staff has requested the item be postponed until the March 15, 2011 City Commission Meeting) Mr. Eliopoulos moved to postpone Ordinance No. 04 -11 to a date certain of First Reading /First Public Hearing for March 15, 2011 and Second Reading /Second Public Hearing for April 5, 2011, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Fetzer — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Eliopoulos — Yes. Said motion passed with a 4 to 0 vote. At this point, the Commission moved back to Item 9.13. of the Regular Agenda. 9.13. WAIVER_ REQUEST /ADVANCE AUTO PARTS: Consider a waiver request to Land Development Regulations (LDR) Section 4.6.7 (E)(7), "Design Standards Matrix ", governing signs for Advance Auto Parts at 3003 South Federal Highway. (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. Lula Butler, Director of Community Improvement, stated this is a request from Advance Auto Parts located at 3003 South Federal Highway for a waiver to LDR Section 4.6.7(E)(7) of the LDRs governing Signs -- Design Standards. The building known as Video Annex was built in 1977 and is in the South Delray Shopping Center and when the building was first constructed it came in under the Master Sign Program for the entire shopping center. Mrs. Butler stated it had two very large signs associated with that 10 02/15/11 Master Sign approval that was approved by the Site Plan Review and Appearance Board (SPRAB) in September 1997; one on the west elevation and one on the south elevation. Advance Auto Parts is now the current tenant of the former Video Annex building and they wish to install a freestanding monument sign along Federal Highway 18 square feet six feet high and it is within Code; the second sign that requires the waiver is proposed to be on the south elevation at 100 square feet and they are entitled up to 160 square feet if the Commission were to consider it. At its meeting of February 9, 2011, the Site Plan Review and Appearance Board (SPRAB) approved the sign waiver to allow a flat wall sign along the south elevation of the Advance Auto Parts building. Mrs. Butler stated LDR Section 2.4.7(B) of the LDRs allows the City Commission to grant waivers to this section of the Code governing signs after making a finding of fact on the following: (1) shall not adversely affect the neighboring area, (2) shall not significantly diminish provision of public facilities, (3) shall not create an unsafe situation, and (4) does not result in the granting of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Staff recommends approval of the waiver request to LDR Section 4.6.7(E)(7) based on the findings and recommendation of the Site Plan Review and Appearance Board for Advance Auto Parts. Mayor McDuffie stated anyone from the public who would like to speak in favor or in opposition of the waiver request, to please come forward at this time. Claude Reader, Site Enhancement Services, stated he is present for any questions the Commission may have. There being no one else 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.) Mrs. Gray moved to adopt the Board Order as presented, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer — Yes. Said motion passed with a 4 to 0 vote. 9.C. CONDITIONAL USE REQUESTXMTED PARKING SYSTEMS, INC.: Consider a Conditional Use request to allow United Parking Systems, Inc. to manage and operate the existing SunTrust Bank off-site parking lot located at the southwest corner of East Atlantic Avenue and S.E. 3rd Avenue as a commercial "for pay" parking lot with utilization by both bank customers and paying patrons. (Quasi- Judicial Hearing) 11 02/15/11 Chevelle D. Nubia, 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. Mrs. Gray stated she had no ex parte communications to disclose. Mayor MCDuffie stated he spoke to the applicant's agent Mr. David Goodlett about what they could do to modify their plans to be acceptable to the City of Delray Beach. Mr. Eliopoulos stated he received a telephone call from State Representative Adam Hasner suggesting that they were going to call him but they have not. Mr. Fetzer stated he had no ex parte communications to disclose. Paul Dorling, A1CP, Director of Planning and Zoning, entered the Planning and Zoning Department project file 42010 -212 into the record. Mr. Dorling stated this is a conditional use request to operate a portion of the existing SunTrust Bank offsite parking area as a commercial "for pay" parking lot. He stated the southern 50 feet is actually leased to the bank by another party and was originally part of the conditional use request. Mr. Darling stated they were unable to get the owner's consent for that piece so it has been removed from the request before the Commission this evening. The conditional use would be for the northern piece. Mr. Dorling stated the parking lot is improved and has a total of 49 spaces; 42 spaces are located within the area that is part of this conditional use request. The request is to allow it to become a "for pay" parking lot under a 24 hour situation and the parking lot would be available for the public and bank patrons. Mr. Dorling stated the original proposal is for it to operate even during operating hours of the bank and that the bank customers would not be charged if they get a validation by the bank and present it to the attendant. He stated this dual utilization of what is required parking creates concerns for staff because the required parking that is provided would not be available for bank customers during regular business hours particularly if it is over utilized by non - customers that utilize the parking lot for cash and go to other businesses and then a bank patron goes to park in the required parking spaces and there is none available. The seven spaces would not be subject to a "for pay" situation even after the bank closes because the property owners have not consented to that action. Mr. Dorling stated the subject property is acknowledged to be an existing non- conforming site as it relates to parking space dimensions, drive isle widths, interior landscape requirements and other open space requirements. He stated staff did not feel it appropriate to require a full upgrade of the site because that would diminish the availability of parking spaces not only for the bank but for this operation as well. Mr. Dorling stated if the Commission grants the "for pay" operation that some of the landscape material deficiencies be rectified at this time and that the provision of adequate lighting be attached as conditions of approval. At its meeting of November 15, 2010, the Planning and Zoning Board considered the conditional use request and voted 4 to 0 to approve it subject to the conditions in the staff report. Staff recommends approval subject to the nine (9) 12 02/15/11 conditions listed in staff s memorandum. David Goodlett, the Applicant's Agent, stated they are in agreement with the conditions described by staff. Doreen Tustin, Branch Manager of SunTrust Bank, 302 East Atlantic Avenue, Delray Beach, FL stated they have had some issues with the parking since the revitalization of Delray Beach. She stated this is a prime spot for parking but they started encountering issues with their clients not being able to park and then coming into the bank stating that they have not been able to park in the lot particularly around the lunch hours. Ms. Tustin stated the bank historically has leased that space out in the evening hours and there has never been an issue. Ms. Tustin requested that the Commission grant both day and evening parking for their clients' sake. Barbara McDowell, Senior Vice President with SunTrust Bank, 302 East Atlantic Avenue Delray Beach FL stated she is in and out of the bank all day because she covers ten branches and from approximately 11:30 a. m. — 2:3013:00 p.m. the parking lot is full but there is not one client in the bank. Ms. McDowell stated she hears complaints daily about the fact that they have clients that cannot park. Ms. Tustin expressed concern over the daily monitoring of the parking and stated they do not want to have to go to those measures of actually towing or booting cars in the community. Mrs. Gray asked how they would guarantee that there would be so many parking spaces for the bank if someone is paying and would like to stay longer. Mr. Goodlett stated they will have an attendant there to regulate the space and the way they are going to earn their money is making the bank happy and if they are not protecting those spaces so their customers can have access to the bank they would be in jeopardy of maintaining that relationship. Mr. Goodlett stated all the spaces in that parking lot will be marked SunTrust Bank and when you do the square footage on the commercial area across the street which also includes the bank there are 18 spaces that are in addition to what would be required by the City. Mrs. Gray asked if there is still valet parking in this lot. Mr. Goodlett stated if approved this evening they will not have valet parking but instead it will be "for pay" parking and there will be an attendant onsite. 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. There being no one from the public who wished to address the Commission, the public hearing was closed. There was no cross - examination or rebuttal. Mr. Eliopoulos asked if the 16 spaces are open for the bank. Mr. Dorling stated they actually have 18 spaces over and above and originally there was a desire to 13 02/15/11 maybe to treat those differently because they were excess parking spaces and that becomes an enforcement issue. Mr. Dorling stated the applicant said they could do that but it is not their intent here; this is to be "for pay" in the evening and they would have an attendant there during the day not charging but maintaining and monitoring the utilization of that space to assure that the bank's concerns were addressed. Mr. Dorling stated part of the issues that staff had with a proposal like this would be that if you were to suddenly allow required parking to be utilized as "for pay" systems, anybody that has required spaces would be encouraged to say they are required for my space but then subcontract them out and charge for parking during business hours and take a piece of that action. Mr. Dorling stated that would be a policy decision that the Commission would have to make and anybody having a parking lot that was not making any money during the day would be enticed to do something like that which would eliminate availability of required parking spaces for businesses. He stated in this case that is not addressed if in fact that kind of scenario occurs only when the business is closed. Mr. Goodlett stated Mr. Dorling is correct that he agreed in the discussions with staff that they would not have "for pay" parking during the day; however, his applicant just explained to him that he did not do a good job in explaining that to him and that is not what he understood. Mr. Goodlett stated what he was hoping for is that they would paint off and mark "bank parking only" on all of the spaces except those 18 spaces. He stated to help defray the cost of the parking over site they would like the ability to charge for parking on those unmarked 18 spaces. Mr. Goodlett stated he was wrong and the applicant is requesting the ability to charge for those 18 spaces just like they will at night to help defray the cost of the enforcement that has become necessary because other people have been using the parking lot. Mr. Dorling expressed concern that this fonns an enforcement issue for Code Enforcement to try and figure out who is being charged and who is not and would be a nightmare. Mr. Dorling stated they could be charging for the entire parking lot during the day then eliminating required parking spaces and doing it "for pay" purposes. Mr. Dorling stated then that sets a precedent that the next guy that has required parking spaces potentially could lease out his parking lot and make some change. Mr. Goodlett stated they will paint SunTrust on every space with the exception of the 18 and if at any time anyone is in that space that should not be it is clearly delineated between ability to pay and banking. Mr. Goodlett stated as people come in they will be given a ticket they go into the bank and it gets validated they bring it back out. If they say they are parking for the bank and they do not have a ticket when they come that has been validated then we know they have incorrectly parked. Ms. Tustin stated if all 100% of the clients were charged it would not be allowed. Mr. Dorling clarified that the IS spaces would not be available but the balance of those spaces would be available for the bank clients. 14 02/15/11 The City Manager stated he concurs with Mr. Dorling that he does not think we can realistically enforce it; however, it is in the bank's interest to have it work that way. For clarification, Mayor MCDuffie stated non - business hours only pay for parking. 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 subject to the nine (9) conditions listed in the staff report, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor McDuffie --- Yes; Mr. Eliopoulos — Yes; Mr. Fetzer — Yes; Mrs. Gray — Yes. Said motion passed with a 4 to 0 vote. 9.D. REQUEST FOR VALET QUEUE/PINEAPPLE GROOVE: Consider a request from Pineapple Groove, located at 19 NE 3rd Avenue, to establish a parking valet queue in the Railroad Parking Lot. Scott Aronson, Parking Management Specialist, stated Pineapple Groove is located at 19 N.E. 3rd Avenue within the railroad parking lot. Mr. Aronson stated the property in question was formerly the Hand's Stationary Warehouse and it was converted to a club (City Limits 11) in downtown and has not been successful and has now been taken over by these other owners Pineapple Groove. The applicant is requesting the establishment of a valet parking queue in the lot similar to City Limits but they are not being similar to and they are using some different options. Mr. Aronson stated the original queue with City Limits was six (6) spaces on the western side of the parking lot adjacent to the FEC railway tracks. The six (6) spaces used by City Limits caused some traffic delays during operating hours as the spaces were maintained perpendicular so cars had to pull in and the valets had to pull out with the traffic up and down 3rd Avenue. He stated Global Parking Service, Inc. representing Pineapple Groove has suggested that if they were to use the spaces along the track they would take nine (9) spaces and with the use of traffic devices they would have traffic coming in and leaving the queue in a forward motion (Option A). Mr. Aronson stated Option B is the nine (9) spaces along the north facade of the building and these are currently angled spaces and is likely a less traveled artery of the parking lot which would be less traffic and it would maintain traffic flow on the north/south artery. Mr. Aronson stated Global Parking Systems also manages the valet queue for Gol a Taste of Brazil on the Avenue and they have another parking lot to the north on 4tn Avenue. He stated the MacMillian Law Firm also has spaces across the street on 4' Avenue and Pineapple Groove has secured one -half of that parking lot (23 spaces required for the conversion of use). Mr. Aronson stated at this time the valet has not contracted for the other lot because they are going to see how business runs with the two that they already have and if needed they can go back to the law firm if shown that they need the spaces. 15 02/15/11 Mr. Aronson stated this item was presented to the Parking Management Advisory Board (PMAB), Downtown Development Authority (DDA), and the Community Redevelopment Agency (CRA) who all recommended approval at their respective meetings. He stated there was concern expressed at the PMAB meeting about pricing of the valet and what has surfaced recently as parking has become more expensive at these valets. Mr. Aronson stated in his presentation the applicant indicated he would be charging $5.00 Monday - Thursday; Friday - Sunday would likely be $10.00 and valet would be after 5:00 or 6:00 p.m. Staff recommends approval and noted that the nine (9) spaces at the current $100.00 per space west of the Intracoastal Waterway will generate an additional $10,800.00. Mr. Eliopoulos moved to approve the request for valet queue for Pineapple Groove (Option #B), seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Eliopoulos — Yes; Mr. Fetzer — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes. Said motion passed with a 4 to 0 vote. 9.E. GRANT APPLICATION/FLORIDA COMMUNITIES TRUST F( CT): Consider authorizing submission of a grant application to Florida Communities Trust (FCT) for the acquisition of three parcels surrounding the "505" Teen Center and Skate Park between S.E. 5th Avenue and S.E. 6th Avenue (US 1 Corridor) with matching funds to be included in the FY 2012 Capital Improvement Plan. Linda Karch, Director of Parks and Recreation, stated this item is a request for authorization to submit a grant application to Florida Communities Trust for the acquisition of three parcels surrounding the 505 Teen Center and Skate Park between S.E. 5th Avenue and S.E. 6th Avenue (US1 Corridor) and to approve matching funding in the upcoming 2012 Capital Improvement Plan. Mrs. Karch stated the Parks and Recreation Department is preparing a grant application to purchase these properties which formerly housed the Greyhound Bus Station, an auto collision body shop and a restaurant (already demolished) and have been sitting vacant for some time, presenting an eye sore to the City. Mrs. Karch stated staff is proposing to acquire and develop the land and transform it into a neighborhood park and recreation center and proposing to renovate the existing Greyhound Bus Station into a recreation and nature center to provide education, recreational, and environmental programming for the residents in the community. Mrs. Karch showed a design of the proposal that staff is submitting to the Florida Communities Trust with the features that if the City receives the grant application we would be required to install (i.e. gazebo, playground, play climber, fitness station, '/2 mile walking trail throughout the area, native growth and plants throughout the entire property on both sides of the teen center, butterfly garden, a kiosk, fitness station. Mrs. Karch stated there would also be benches, a water fountain and they would extend the existing skate park because it is small for the amount of people that are using the skate park. She stated they would also redesign this to add additional parking spaces in the north area, and they would have an open seating area. Mrs. Karch stated the asking price is $2.3 million from the three owners of these lots. The grant application would include a 40% match from the City and last week staff went to the CRA because this is located in the CRA district and they agreed to fund half of that purchase if the City is approved for 16 02/15/11 the grant. Staff requests that the City fund half the grant which would be $461,000.00 for all three properties. Mrs. Karch stated the funding match would not be required until next fiscal year. Mrs. Gray asked when the grant application is due and how long after that will we know whether we received it or not. Mrs. Karch stated that since property is involved they would let the City know fairly quickly; however, there has been some concern that Governor Scott may not fund these grants in his new budget. Mrs. Karch stated once staff submits the grant application we should know fairly quickly. Mrs. Gray asked if an appraisal has been done. Mrs. Karch stated they would do an appraisal and the FCT would only fund the amount that the appraisal was worth. Therefore, Mrs. Karch stated if the asking price was higher than the appraisal, if we wanted to still purchase it, we would be required to go up to the asking price because the FCT will only give you the funding for the appraised price or negotiate. Mr. Fetzer stated he supports the grant. Mr. Eliopoulos stated he supports the grant as well. Mr. Eliopoulos stated the City may want to sell it and noted this is a long -term smart investment if the grants all come through. Mayor McDuffie inquired if the grants have any caveats in them about resale. Mrs. Gray stated this will need parking whether the grant is approved or not because that area is very congested. Mayor McDuffie stated from the standpoint of what it does for South Federal Highway and the kids, it is awesome. He stated this would be a tremendous property to begin to cure some of the blight that is on South Federal Highway. Mayor McDuffie stated he too supports the grant. Mr. Eliopoulos moved to approve the grant application to Florida Communities Trust (FCT) for the acquisition of three parcels, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Fetzer — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Eliopoulos — Yes. Said motion passed with a 4 to 0 vote. At this point, Mayor McDuffie welcomed Troop 304 to the City Commission meeting. 9.F. CONSULTING SERVICE AUTHORIZATION 06- I0.2 /CURRIE SOWARDS AGUILA ARCHITECTS: Consider approval of Consulting Service Authorization No. 06 -10.2 with Currie Sowards Aguila Architects in the amount of $27,000.00 for Phase II construction drawings for the Pompey Park Concession Building. Funding is available from 334 - 4127 -572 -62.10 (General Construction Fund: Buildings). 17 02/15/11 Richard Hasko, Director of Environmental Services, stated at its meeting of December 7, 2010, the City Commission approved the first phase of the design of Pompey Park concession building reconstruction. Mr. Hasko stated during the discussions because of the differential in available budget dollars and estimated costs of the scope of the entire building, staff recommends a phased approach with the first phase rehabbing the first floor this year and programming dollars for the proposals for the second floor. After discussion, the City Commission directed staff to do the entire project at one time and potentially approach the Community Redevelopment Agency (CRA) for $200,000.00 that was obligated in their budget for parks and the southwest area that potentially could be re- designated to the northwest area and could qualify for this project. Mr. Hasko stated after lengthy discussion the CRA voted to loan the City the $200,000.00 for a three (3) year period. Mr. Hasko stated staff has provided the Commission with a list of six (6) alternatives for approaching this project ranging from the acceptance of the CRA proposal of a loan through falling back to Plan A and just doing a phased approach or pursuing grant funding, etc. or postponing the project until next year completely when we can plan for the additional funds needed. Or, as a 6�h alternative, look at deferring five projects that are currently in the CIP to next year and use that funding available ($210,000.00) to go ahead and do this entire project. Staff recommends approval of Phase Two Service Authorization for Currie Sowards AguiIa Architects and the deferral of five (5) projects in the current year's CIP to next year breaking those dollars loose to fund this entire project. Mr. Eliopoulos asked how many ball fields does the stand serve. Mr. Hasko stated this serves three (3) ball fields. Mr. Eliopoulos stated he supports restoring this building but the big debate at the CRA meeting was the debate on accessibility (ADA). He stated it is the City's obligation to provide for the handicapped but believes there are different ways you can accomplish designs without having to go to the expense. Mr. Eliopoulos stated with regards to the drawings and if in fact there are no other alternatives then he supports getting the drawings done for Phase I and Phase IL He stated he supports the upstairs and doing the elevator and feels Phase I is the most important thing. The City Manager stated there is no problem with deferring these five (5) projects; two of the projects will not be able to get done this fiscal year and the others you are really only talking about a 3 -4 month postponement. Mrs. Gray stated she attended the CRA meeting when they had the lengthy discussion about this and the CRA had actually two parks that they planned. Mrs. Gray stated she asked Ms. Colonna if she had identified those parks and whether or not they would get done this year so she was really surprised when the CRA said they were not going to do it and they said they were going to ask the City to borrow their own money. Mrs. Gray asked if you can see these fields from the press box. Mrs. Karch stated you are not able to see clearly through those windows. Mrs. Karch stated the Little League came to the City and requested a better area upstairs and a room where they could be comfortable and hold meetings, etc. while there are activities on the field. Mrs. Karch stated the room is currently not conducive to the kind of environment that you want to be 18 02/15/11 sitting in all night long every night of the week. Mrs. Gray stated she has been to meetings upstairs and it is not a good meeting area even for just 6 -7 people. Mr. Eliopoulos stated he is not a believer in promoting meeting space on a second floor because it promotes accidents. He stated he was not a big fan of expanding that area but concurs it definitely needs to be renovated. Mrs. Gray stated she supports Option #6 to defer the five (5) other projects to fiscal year 2012 to free up funding for completing both phases in the current budget year. Mr. Fetzer stated he too supports Option #6 of deferring the other projects. Mayor McDuffie stated he is favor of Option 96 as well. Mrs. Gray moved to approve the Consulting Service Authorization 06- 10.2 with Currie Sowards Aguila Architects Option #6, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Eliopoulos -- Yes; Mr. Fetzer — Yes. Said motion passed with a 4 to 0 vote. 9.G. APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD: Appoint one (1) Citizen -at -Large Representative to the Parking Management Advisory Board to serve an unexpired term ending July 31, 2011. Based upon the rotation system, the appointment will be made by Commissioner Fetzer (Seat #2). Mr. Fetzer stated he would like to defer his appointment to the regular meeting of March 1, 2011. 9.H. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint one (1) regular member to serve an unexpired term ending January 14, 2012. Based upon the rotation system, the appointment will be made by Commissioner Gray (Seat #4). Mrs. Gray stated she would like to defer her appointment to the regular meeting of March 1, 2011. At this point, the time being 7:59 p.m., the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 03 -11: Privately initiated rezoning from Agricultural (A) District to Professional and Office District (POD) for a 2.09 acre vacant parcel of land located on the north side of West Atlantic Avenue, west of High Point Boulevard and the Delray Garden Center. If passed, a public hearing will be held on March 1, 2011. The caption of Ordinance No. 03 -11 is as follows: 19 02/15/11 office.) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED AGRICULTURAL (A) DISTRICT TO PROFESSIONAL AND OFFICE (POD) DISTRICT; SAID LAND BEING A PARCEL LOCATED ON THE NORTH SIDE OF WEST ATLANTIC AVENUE APPROXIMATELY 360 FEET WEST OF HIGH POINT BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, OCTOBER 2009 "; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 03 -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 privately initiated rezoning from Agricultural (A) District to Professional and Office District (POD) for a 2.09 acre vacant parcel located on the north side of West Atlantic Avenue, west of High Point Boulevard and the Delray Garden Center. Mr. Dorling stated this rezoning is to accommodate the future site of the Spodak Dental Office Building. The proposed rezoning is consistent with the underlining land use designation of transitional which anticipated conversion of this agricultural use to future office uses. At its meeting of January 24, 2011, the Planning and Zoning Board held a public hearing in conjunction with the POD rezoning request. No one from the public spoke either in support or opposition. After discussing the proposal, the Board recommended approval of the rezoning request with a 4 to 0 vote. Staff recommends approval. Mrs. Gray moved to approve Ordinance No. 03 -11 on FIRST Reading, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor McDuffie — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer — Yes; Mrs. Gray — Yes. Said motion passed with a 4 to 0 vote. At this point, the time being 8:03 p.m., the Commission moved to Item 1I.B., Comments and Inquiries on Nan - Agenda Items from the Public and the City Manager. 11.13. From the Public. None. 20 02/15/11 11.A. City Manager's response to prior public comments and inquiries. The City Manager stated Pauline Moody had complained about observing an unknown taxi driver urinating in public at the Tri -Rail Station. He stated staff found one report of that in the City's CAD system. The City Manager stated our POP (Problem Oriented Policing) Unit had attempted to get "No Trespassing" signage posted at this location working with the South Florida Regional Transportation Authority in November 2010 and was temporarily shelved as the Authority wanted additional time to conduct research by their legal department. The POP unit conducted a lighting survey of the property and found it to be adequate. The City Manager stated in 2010 the City received 67 calls from service related to Tri -Rail and the majority of those being petty crime and traffic issues. The City is providing extra patrols in the location. Secondly, the City Manager stated he sent an email out today to give the City Commission an update on Deck 84. He. stated there is going to be a meeting Thursday to discuss several locations downtown where the City is having noise issues and the best way to deal with there. The City Manager stated there will be a meeting between the Police Department, Cathy Kozol, Police Legal Advisor and Code Enforcement to work out a joint approach in dealing with those issues. The City Manager stated two meetings ago Mr. Mario Danielle expressed concern over the traffic flow in the alley adjacent to his condominium and Mr. Hasko has figured out a way that the City can change the access from Mr. Danielle's parking lot from the east /west alley which has all the commercial traffic to the north/south alley. The City Manager stated Mr. Hasko is going to get in contact with Mr. Danielle to see if that would be acceptable to him. The City Manager stated the City has changed the flow direction and instead of going west to east it is now going east to west. The City Manager stated staff believes this will work better for the valets and staff will try to get that traffic separated so that the commercial traffic is on the east/west alley and the residential traffic is on the north/south. He stated staff believes that may solve the problem. The City Manager stated Mrs. Finst had expressed concern about the City communicating with businesses about the Business Tax Application and noted that the City does a lot of explanation of the City's rules and regulations when the applicant comes in to apply for a business tax. He stated many customers in a hurry to open their business would not welcome any delays such as requiring them to do a video. The City Manager stated the City continues to work on this but the problems that we have had with the Segways are not because of the lack of information, it is because they wanted to do their own thing regardless. Mrs. Gray stated on Sunday she was on the beach having breakfast and she saw 4 -5 Segways on the east side on the sidewalk. The City Manager stated this will be addressed at the City Commission meeting of March 15, 2011. 21 02 /15 /11 At this point, the time being 8:08 p.m., the Commission moved to Item 13, Comments and Inquiries on Non- Agenda Items from the City Manager, City Attorney, and the City Commission. 13. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS. 13.A. City Manager The City Manager had no comments and inquiries on non- agenda items. 13.13. City Attorney The City Attorney had no comments and inquiries on non - agenda items. O.C. City Commission U.C.I. Mr. Fetzer Mr. Fetzer stated he is very happy to see that the City is continuing to see what we can do about the Deck 84 situation. 13.C.2. Mr. EIiopoulos Mr. Eliopoulos had no comments and inquiries on non - agenda items. 13.C.3. Mrs. Gray Mrs. Gray stated this morning she attended a joint workshop meeting with the Downtown Marketing Cooperative (DMC), Chamber of Commerce and the Downtown Development Authority (DDA) and it was a good meeting. Secondly, Mrs. Gray stated prep and Sports Super Bowl fundraiser was awesome and there was a diversified group of people there. Mrs. Gray stated this was a great fundraiser and she was happy to be a part of it. The City Manager stated the City received no complaints about either noise or traffic for this event. 13.C.4. Mayor McDuffie Mayor McDuffie stated he went out to Country Manors today and a man from Rochester, New York refurbished one of the units and raffled it off to two young ladies who will be given the unit. He stated there was also a film crew there and he congratulated all the subcontractors who helped work on it. Mayor McDuffie stated they are working to see if they can get this sponsored by Lowe's and continue this practice in this area. He stated whether or not this ever makes television he does not know, but if it does, it will be great to show off the subcontractors that worked on this. Mayor McDuffie stated if it does make the airwaves, it will be tremendous publicity for Delray 22 02/15/11 Beach because the man was incredibly complimentary about how his process through approvals at the City was facilitated by us and what a great job the City of Delray Beach did in supporting his project. There being no further business, Mayor MCDuffie declared the meeting adjourned at 8:12 p.m. ATTEST: MAYOR 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 February 15, 2011, which Minutes were formally approved and adopted by the City Commission on March 1, 2011. 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. 23 02/15/11 (� :.FORM 8B MEMORANDUIVI.PF VOTING CONFLICT FOR .�THLR I� 0 , ���..� OFFICERS LAST NAME —FIRST NAME -- MIDDLE NAME Elio autos, Gary NAME or BOARO, COUNCIL, COMMISSION, AUTHORITY, OR cOMMIrTEE Delray Eeach City Commission MAILING ADDRESS 205 Geg a Bu sh Boulevard THE 80Ar2D, COUNCIL, COMMISSION, AUTHORITY OR COMMIMF ON WHICH I SERVE IS A UNn' OF: 3XcnY QCOUNTY © OTHER LOCALAGENCY ' CITY COUNTY Del-ray.Beach, Florida 33444 Palm Beach NAME OF POLITICAL SUBDIVISION: City of Delray Beach DATE ON WHICH VOTE OCCURRED 2/15/2011 r MY POSITION 1S: XN ELECTIVE Q APPOINTIVE WHO MUST FILE FORM 813 This form Is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented with a voting conflict of Interest'under Sedon 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of Interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which Inures to his or her special private gain or loss, Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which mitres to the special _gain or loss of a principal (other than a 'governrtaent agency) by whom he or she Is retained (including the parent organization or subsidiary of a corporate principal by which he or she Is retained); tq the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec, 163.366 or 163,357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this taw, a "rotative' includes only the ofi€cees farther, mother, son, daughter, husband, wife, brother, sister, Father -in -law, mother -In -law, son -in -law, and daughter to -law. A 'business associate" means. any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). k . w it f ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your Interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and tiling this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes, ♦ r � w : z ♦ r ► � s r r r a APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your d(reotion. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: You must complete and Me this farm (before making any attempt to Influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 8B - EFF, 112000 PAGE 'I Item 8.A_ = Item 9.A.A. APPOINTED OFFICERS (continued) . • A copy of the form must be provided Immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING,. - You must disclose orally the nature of your-conflict in the measure before participating. - You must complete the form and file it within 75 days after the mote Occurs with the person responsible for redording tlie'minute's of the Meeting, who must Incorporate the form In the minutes. A copy of the form must be provided Immediately to tho other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, Gary Rli2 oulos , hereby disclose that on Februaxy 15 , 20 : � '(a) A measute� came or will came before my agency which (check one) inured to my special private gain or lass; X inured to the special gain or loss of my business associate, , inured to the special gain or loss of my relative, Inured to the special gain or loss of , by whom I am retained: or _�... Inured lathe special gain or loss of , which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of riy conflicting Interest In the rrieassire is as follows: Architect: on one bf the lots. 2j1- 5/2011 ... l .' Date Filed s NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS& FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEELI$10,000, CE FORM 88 - EFF. 112000 PAGE 2 2010. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVERS REQUESTED BY 32 EAST ATLANTIC AVENUE 1. This waiver request came before the City Commission on February 15, 2. The City staff, applicant, and other persons have presented documentary evidence and testimony to the City Commission pertaining to the waivers requested by 32 East Atlantic Avenue. All of the evidence is part of the record in this case. 3. Waivers: Pursuant to LDR Section 2.4.7(8)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) shall not adversely affect the neighboring area; (b) shall not significantly diminish the provision of public facilities; (c) shall not create an unsafe situation; and (d) does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. 4. Building Setback: (a) Front Setbacks. Pursuant to LDR Section 4.4.13(F)(4)(a)2, the minimum front setback for buildings with nonresidential uses on the ground floor is five feet (6). The balcony posts encroach four feet, ten inches (4'10 ") in the setback area, and the attached high top counter areas encroach two feet (2) into this setback area. Should the waiver be granted for the front setback? Yes _V/ No (b) Front Setbacks. Pursuant to LDR Section 4.4.13(F)(4)(a)2, the minimum front setback for buildings with nonresidential uses on the ground floor is five feet (5'). The two -story, arched entry feature encroaches four feet, ten inches (4'10 ") into this setback area. Should the waiver be granted for the front setback? Yes No City Commission Meeting on February 15, 2011; Item 9.A. (c) Structures Allowed Within Setback. Pursuant to LDR Section 4.4.13(F)(8)(a), balconies may encroach a maximum of four feet (4) into the setbacks. The proposed balcony is located on the property line resulting in an encroachment of five feet (5'). Should the waiver be granted for the second floor balcony to encroach five feet (5) into the front setback? Yes ✓ No 5. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original site plan was submitted. 6. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses which supports the findings set forth in this Order. 7. Based on the entire record before it, the City Commission approves ✓ denies the waiver requests and hereby adopts this Order this Ado bruary 2011, by a vote of 4 in favor and 0 o pose . Nelson . McDuffie, Mayo ATTEST: v� Chevelle Nubin City Clerk 2 City Commission Meeting on February 15, 2091; Item 9.A. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVERS REQUESTED BY ADVANCED AUTO PARTS 1. This waiver request came before the City Commission on February 15, 2011. 2. The City staff, applicant, and other persons have presented documentary evidence and testimony to the City Commission pertaining to the waivers requested by Advanced Auto Parts. All of the evidence is part of the record in this case. 3. Waivers: Pursuant to LDR Section 2.4.7(6)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) shall not adversely affect the neighboring area; (b) shall not significantly diminish the provision of public facilities; (c) shall not create an unsafe situation; and (d) does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. 4. Signs- Design Standards: Pursuant to LDR Section 4.6.7(E)(7), one wall sign per business is allowed facing each dedicated street frontage and one free- standing sign per frontage in GC, AC, NC, PC, CBD, MIC, 1, POD, POC, and Cl Zone Districts. The applicant has requested one free - standing sign facing a dedicated street frontage (S. Federal Highway) and one wall sign to be located on the south elevation facing the parking lot. In 1997, Video Annex was constructed on an outparcel, north of the South Delray Shopping Center entrance. The only access to the site is through the shopping center via S. Federal Highway. The proposal included two flat walls signs, one located on the west elevation facing a dedicated street frontage (S. Federal Highway), which was allowed by code and the other sign to be located on the south elevation facing the parking lot, which was not allowed by code. SPRAB agreed with establishing a Master Sign Program (at the request of the former occupant) (that included the owner's consent City Commission Meeting on February 15, 2011; Item 9.B. from the shopping center) and approved the flat wall sign for Video Annex at their meeting of September 3, 1997, Advanced Auto Parts is now the current tenant of the former Video Annex building and they wish to be considered as a standalone parcel, which would allow the monument sign and a flat wall sign along the west elevation that faces Federal Highway. The applicant has stated that existing trees block the west elevation and a sign along that elevation would not be effective. They prefer to place the flat wall sign on the south elevation over the main entrance to the business that is more visible which would require a waiver to the sign code. Should the waiver he granted to LDR Section 4.6.7(E)(7) to allow the wall sign on the south elevation facing the parking lot? Yes ✓ No 5. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original site plan was submitted. 6. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses which supports the findings set forth in this Order. 7. Based on the entire record before it, the City Commission approves V"' denies the waiver requests and hereby adopts this Ord is 1 th day of February, 2011, by a vote of 4 in favor and oppos& . ATTEST: _ _ Chevelle Nubin d-- City Clerk NelsoniS. McDuffie, Mayor 2 City Commission Meeting on February 15, 2011; Item 9.B. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONAL USE REQUEST TO ALLOW UNITED PARKING SYSTEMS, INC. TO MANAGE AND OPERATE A "FOR PAY" PARKING LOT AT THE CORNER OF EAST ATLANTIC AVENUE AND SE Sac AVENUE ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This conditional use request has come before the City Commission on February 15, 2011. The conditional use request is to allow United Parking Systems, Inc. to manage and operate a "For Pay" parking lot at the corner of East Atlantic Avenue and SE Td Avenue. 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 United Parking Systems, Inc. All of the evidence is a part of the record in this case. Required findings are made in Sections I and II below. I. COMPREHENSIVE PLAN A. Future Land Use Map: The subject property has a Future Land Use Map (FLUM) designation of CF (Community Facilities) and a zoning designation of CF (Community Facilities). The CF zoning district is consistent with the Community Facilities Future Land Use Map designation and the proposed use is listed as a Conditional Use in the CF district [LDR Section 4.4.21 (D)(5)] Are the requirements of the Future Land Use Map met? Yes ✓ 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. Are the concurrency requirements met with respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste and schools? Yes ✓ No 1 City Commission Meeting on February 15, 2011; Item 9.C. C. Consistency: A finding of overall consistency must be made with regard to the following: 1. Future Land Use Element Policy C -3.1 The Central Business District (CBD) Zoning District regulations shall facilitate and encourage rehabilitation and revitalization and shall, at a minimum, address the following: • Deletion of inappropriate uses • Incentives for locating retail on the ground floor with office and residential use on upper floors • Accommodating parking needs through innovative actions • Incentives for dinner theaters, playhouses, and other family oriented activities • Allowing and facilitating outdoor cafes • Incentives for mixed use development and rehabilitations • Elimination of side yard setback requirements • Allow structural overhang encroachments into required yard areas 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 ✓ No IL LDR REQUIREMENTS A. Section 2.4.5(E)(5) requires certain findings: 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. Parking Requirements: Pursuant to Section 4.4.13(G)(1)(g), the parking requirement for business and professional offices within this area of the CBD is established at one (1) space per 300 sq. ft, of net floor area. Based on a net floor area of 28,840 square feet, a total of 96 parking spaces are required. Sixty -five (65) parking spaces are located on -site (behind the bank) and an additional forty -nine (49) parking FA City Commission Meeting on February 15, 2011; Item B.C. spaces located within the subject off -site lot for a total of 114 spaces. Thus, a surplus of eighteen (18) parking spaces are provided. The subject of the conditional use request is a parking lot that is a part of the overall SunTrust National Bank complex located at 302 East Atlantic Avenue and is designated as required parking for the SunTrust Bank building. The overall parking lot is improved and contains a total of 49 parking spaces, However, of the 49 total spaces, 42 parking spaces are located within the limits of the subject area (i.e. the North 199 feet) and is the subject of the conditional use request. The parking lot is accessed from SE 3rd Avenue via the parcel located at the south end of the site (i.e. the south 51 feet). United Parking Systems, Inc. proposes a 24 -hour public "for pay" parking lot available for the public and bank patrons. The commercial parking lot will be operated where vehicles are self- parked with a parking ticket issued by an attendant who will be on -site during operating hours. Bank customers will not be charged if it is validated by the bank. A portable attendant podium is proposed within a landscape node mid -point within the parking lot. Not other physical improvements are proposed on -site. The dual utilization of bank vs. non -bank customers creates concerns that required parking will not be available for bank customers during regular business hours (overutilization by non customers utilizing the parking lot on a pay basis). As such, it is recommended that the commercial "for pay" parking lot operates during non - business hours only. There are recommended conditions of approval attached as Exhibit "A". Are the requirements of 4.4,13(G)(1)(g) met by allowing the conditional use of a "for pay" parking lot at the corner of East Atlantic Avenue and SE 3r Avenue subject to the conditions enumerated in Exhibit "A "? Yes V' No 3. 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 ca City Commission Meeting on February 15, 2011; item 9.C. Exhibit "A" and hereby adopts this Order this 'I 5th day of February 2011, by a vote of 4 in favor and 0 opposed. ATTEST: hevelle °Nubin lam. City Clerk n Nelson S. McDuffie, Mayor City Commission Meeting on February 15, 2011; Item 9.C. Conditions Related to United Parking Systems 1. That the use as a commercial "for pay„ parking lot is restricted to "non- business hours" for the businesses located within the SunTrust Bank Building. 2. That the parking spaces located within the South 51 feet of the parking lot are excluded from the commercial "for pay" operations and signage denoting that those spaces are reserved only for the customers of businesses within the bank building is provided. 3. Approval of a site plan modification by the Site Plan Review and Appearance Board (SPRAB) that is in general conformance with the conditional use sketch plan request and addresses the conditions of approval attached in the staff report. 4. That additional lighting fixtures are provided and a photometric plan verifying compliance with City's average, minimum and maximum standards of Illumination Levels and Uniformity be provided. 5. That all existing landscaping throughout the site be upgraded and replenished as identified under the landscape section of the Planning and Zoning Board staff report. 6. That the site visibility triangle be noted on the site and landscape plan. 7. That the location of the proposed attendant's podium be noted on the site plan. 8. That a landscape maintenance agreement be executed to allow the landscape encroachment within SE 3�d Avenue right -of -way. 9. Three additional handicap parking spaces must be provided either within this parking lot (west side of SE Td Avenue) or within the parking lot to the rear of the bank building. City Commission Meeting on February 15, 2411; Item 9.C.