04-05-11 Regular City Commission MinutesAPRIL 5, 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, Apri15, 2011.
L Roll call showed:
Present - Commissioner Tom Carney
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 Rabbi Howard Meridy, Jewish
Spiritual Leader with Abbey Delray South.
3. The Pledge of Allegiance to the flag of the United States of America was
given.
4. AGENDA APPROVAL.
Mr. Frankel requested that Item 8.J.5. (SPRAB), Review of Appealable
Land Development Board Actions, be removed from the Cansent Agenda and moved to
the Regular Agenda as Item 9.A.A.
Mayor McDuff e requested that Item S.J.G. (SPRAB), Review of
Appealable Land Development Board Actions, be removed from the Consent Agenda
and moved to the Regular Agenda as Item 9.A.A.A., Item S.K.2., Contract Award to
SCS Engineers, be removed from the Consent Agenda and moved to the Regular
Agenda as Item 9.A.A.A.A., and Item B.H., Extension of an Agreement with Ouality
Transport Services, Inc./Downtywn Rvundabyut Shuttle System, be removed from
the Consent Agenda and moved to the Regular Agenda as Item 9.A.A.A.A.A.
Mayor McDuffie stated the caption cover memo for Item 8.K.4.,
Purchase Award to CDW-G has been changed, Item $.K.S., Purchase Award tv
Garber Chevrolet has been added to the Consent Agenda by addendum, the applicant
has requested that Item 9.C., Consideration of an A eaUThe Electric Ex erience be
withdrawn, Item 9.M., Appointment to the Community Redevelopment. Agency the
applicant Jose Aguila (Architect) has requested to be removed from the consideration for
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appointment to the Community Redevelopment Agency (CRA).
Mrs. Gray moved to approve the Agenda as amended, 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. Carney -Yes. Said motion passed
with a 5 io 0 vote.
5. APPROVAL OF MINUTES:
Mr. Frankel moved to approve the Minutes of the Regular Meeting of
March 15, 2011, seconded by Mrs. Gray. Upon roll call the Commission voted as
follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Carney -
Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote.
Mrs. Gray moved to approve the Minutes of the Annual Organizational
Meeting of March 31, 2011, seconded by Mr. Frankel. Upon roll call the Commission
voted as follows: Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Carney -Yes; Mr.
Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote.
6. PROCLAMATIONS:
6.A. Reco~nizin~ and Commending Frances_Strain~e Carter
Mayor McDuffie read and presented a proclamation hereby extend
heartfelt thanks and appreciation to Frances Strainge Carter and call upon all present to
acknowledge and applaud her longtime outstanding and exemplary dedication,
multitudinous contributions and accomplishments to the City of Delray Beach, its
residents and her community. Lillian Strainge came forward to accept the proclamation
and gave a few brief comments.
6.B. Reco izin and Coanmendin the Delra Divas Ste Dance Teams
Mayor McDuffie read and presented a proclamation hereby recognizing
and commending The Delray Divas Step Teams for their representation of the City of
Delray Beach Parks and Recreation Department and offers them congratulations on an
outstanding job in the aforementioned Step Show Competitions in 2010 and 2011. Tia
Dobard came forward to accept the proclamation and gave a few brief comments.
6.C. National Financial Literacyy_ Month -April 2011
Mayor McDuffie read and presented a proclamation hereby proclaiming
the month of April 2011 as National Financial Literacy Month in the City of Delray
Beach. Bill Wood and John Dormley came forward to accept the proclamation and gave
a few brief comments.
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6.D. Earth Month - A ri12011
Mayor McDuffie read and presented a proclamation hereby proclaiming
the month of April 2011 as Earth Month. Richard Reade came forward to accept the
proclamation and gave a few brief comments.
7. PRESENTATIONS:
7.A. 22°~ Annual Delaire/Delray Citizens for Delray Police Charity Golf
Tournament Presentation to Police and Fire-Rescue - Perry DonFrancisco
Perry DonFrancisco stated this evening marks the 22"d time since 1990
that they have gathered together for the purpose of Delaire Country Club donating funds
for the greater good to the entire City of Delray Beach. The Delaire community has
raised in excess of $700,000.00 for extensive and sophisticated lifesaving and crime
fighting equipment as well as for the support of Delray Citizens for Delray Police grid its
varied programs. Mr. DonFrancisca stated the lifesaving equipment such as thermal
imaging cameras that detect life in burning buildings and over the year's two complete
sets of the Jaws of Life to extract trapped victims from vehicular accidents, defibrillators,
bullet proof vests, night vision, K-9 equipment, etc. Mr. DonFrancisco stated this year in
addition to their usual recipients the Delray Beach Fire-Rescue and Police Departments
and Delray Citizens for Delray Police. Mr. DonFrancisco stated Delaire has also
supported the Adam Rosenthal fundraiser.
Mr. Gary Rase, President of the Delaire Board of Governors, and MeI
Katz, Charity Tournament Chair and Supporter of Delray Beach, stated Delaire has
recognized the essential services that are provided to its members. Mr. Rose presented a
check in the amount of $11,000.00 to the Police Department and the Fire-Rescue
Department. Police Chief Strianese came forward to accept the check on behalf of the
Police Department and Assistant Fire Chief Accardi came forward to accept the check on
behalf of the Fire-Rescue Department.
7.B. Beach Area Master Plan -Beach Property Owners' Association
B~~ -. _,
Linda Karch, Director of Parks and Recreation, stated on November 7,
2004, the Community Redevelopment Agency (CRA), and the Beach Property Owners'
Association (BPOA} sponsored a charrette to help develop a Beach Area Master Plan.
The charrette provided attendees with an opportunity to examine, discuss and make
recommendations regarding various aspects of the beach area, including, but not limited
to sidewalks, lighting, landscaping, public amenities and other streetscape issues along
Ocean BoulevardlAlA. The overall goal of the charrette was to create a Master Plan to
improve and enhance the look of Delray Beach.
Mary Renaud, President of the Beach Property Owners' Association
(BPOA}, stated the BPOA hosted a fundraiser on March X0, 2011, called "Delray's Got
Talent". Ms. Renault stated the objective of the fundraiser was to replace the pavilion at
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the corner of Atlantic Avenue and AIA. She stated the BPOA feels that this area is the
keystone for the Beach Area Master Plan. Ms. Renaud presented a check to the City in
the amount of $35,465.00 and includes what the BPOA received from selling tickets and
sponsorships. Ms. Renaud stated what is not included in that amount is what the BPOA
received in architectural design and engineering services. She stated there are also offers
from builders who want to help build the pavilion.
7.C. Delra Seach Munici al Marina Desi nation as a Clean Marino
Linda Karch, Director of Parks and Recreation, stated this item is to
recognize the City of Delray Beach Municipal Marina to be presented by William R.
Richards, Department of Environmental Protection Clean Marina Coordinator.
William R. Richards, Department of Environmental Protection Clean
Marina Coordinator, stated in 1996 the Environmental Protection Agency (EPA) passed a
rule saying we have to clean up the waters of the United States. Mr. Richards stated they
came to the State of Florida and the Director of the EPA stated they could not do that
because they did not have the revenue or the resources to do it. Mr. Richards stated they
then called in the Marine Industry Association. Mr. Richards stated that partnership has
grown and noted there are many agencies connected with the marina program. He stated
boating is critical to the economy in Florida. Mr. Richards stated to date there are 240
marinas as clean marinas and they brought in 23,251 wet slips and 18,920 dry slips with a
total of 42,171 slips in the State of Florida. Mr. Richards presented a plaque, a Clean
Marina Flag, a CD for the logo, and lapel pins to the City Commission.
7.D. Advanced Lrfe Sapport (ALS)_ Team Championship Plaque
Assistant Fire Chief Russell Accardi, Delray Beach Fire-Rescue
Department, stated at the January 2011 Florida Fire Chiefs Association annual meeting
and conference, the Delray Beach Fire-Rescue Advanced Life Support (ALS} Team
competed in the Fire Rescue East ALS competition. The competition is held annually
and is a mock medical scenario that usually lasts 10-15 minutes involving anywhere from
2-10 patients. Assistant Fire Chief Accardi stated in that tirneframe the ALS Team has to
be able to identify the number of patients, diagnose what time of injury or illness they
may present with, and treat them appropriately. To make the scenarios more difficult
there is always distractions built into them some of which include people, natural
disasters, and hazardous materials. Mr. Accardi stated the preliminary scenario involved
treating an elderly couple who had subtle but life threatening injuries and also included
recognizing an elderly abuse situation. The final scenario based inside of a mock airport
which included bomb sniff ng dogs, airline personnel, and the TSA, all amid the bustle of
scores of passengers who were boarding and disembarking from aircraft. The Team
consisting of 3 personnel was called on to simultaneously treat a cardiac arrest, an
abdominal aortic aneurysm, ectopic pregnancy, and 6cases of food-borne illness. As
treatment was being rendered the airport fell victim to an attempted terrorist bombing
which required the joint effort and coordination of patient care by the ALS Team with
law enforcement and TSA procedures. Ultimately, the teams were ali judged based an
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real time patient care, and overall management of resources and cooperation with law
enforcement entities.
Assistant Fire Chief Accardi stated the Delray Beach Team has previously
competed in various competitions against teams from Florida, New York, Texas, Canada,
and Mexico with several f rst, second, and third place finishes. Chief Accardi
commended this Team of dedicated professionals who due to budgetary constraints paid
their own way and used their own time while off work to participate in this competition.
This year the Delray Beach Fire-Rescue ALS Team faced many experienced teams such
as Boca Raton, Fire-Rescue, and across Florida from Miami-Dade Fire-Rescue to
Iacksonville Fire-Rescue. Chief Accardi announced that this year the Delray Beach Fire-
Rescue ALS Team finished first place and became the national invitational champions of
the 2011 Fire-Rescue East ALS Competition in Daytona Beach. Assistant Fire. Chief
Accardi recognized the following ALS Team members:
Paramedic/Firefighter Jimmy Bradford
Para~nedic/Firefighter Joey Cafone
ParamediclFirefighter Rich Tarantino
Paramedic/Firefighter David Garcia
8. CONSENT AGENDA: City Manager Recommends Approval.
8.A. REQUEST FOR SIDEWALK DEFERRAL/302 N.E.
7th AVENUE: Approve a request to defer the installation of a sidewalk along N.E. 3rd
Street for the pxoperty located at 302 N.E. 7th Avenue.
B.B. ACCEPTANCE OF RIGHT-OF-WAY DEEDSITOTTERDALE
TOWING SERVICE: Approve and accept two (2} right-of--way deeds associated
with Totterdale Towing Service located on the northeast corner of N. W. 1$th Avenue and
Marty Fladell Drive at 101 N.W. 18th Avenue.
8.C. RESOLUTION NO. 11-111ABANDONMENT OF A UTILITY
EASEMENT: Approve abandonment of a X O' x 106' utility easement located on the
property at 1020 South Vista Del Mar Drive.
The caption of Resolution No. I 1-11 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, VACATING
AND ABANDONING AN EASEMENT DEDICATED BY
AN EASEMENT DEED RECORDED IN O.R.B. x}45,
PAGE 49-8, AS MORE FULLY DESCRIBED IN EXHIBIT
«A»
(The official copy of Resolution No. 11-11 is on f le in the City Clerk's
office.)
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8.D. AGENCY ACCESS AGREEMENT: GULFSTREAM POLICE
DEPARTMENT-SUNGARD PUBLIC SECTOR, INC.: Approve an Agency Access
Agreement with Gulfstream Police Department and SunGard Public Sector, Inc. to allow
limited right to use the software provided by SunGard which will provide updated
dispatching services for the Gulfstream Police Department.
8.E. DISASTER RECOVERY INITIATIVE (DRI)/HOUSING
REHABILITATION CONTRACT AWARD: Approve one (1) Housing
Rehabilitation contract award for 124 S.W. 8th Court to Abisset Corporation, the lowest
responsive bidder, in the amount of $25,504.71 for housing rehabilitation under the
Disaster Recovery Initiative (DRI) Program. Funding is available from 118-1960-554-
49.19 (Neighborhood Services: Other Current Charges/Housing Rehabilitation).
B.F. NPDES THIRD TERM PERMIT INTERLOCAL AGREEMENT:
Approve the National Pollutant Discharge Elimination System (NPDES} Third Term
Permit Interlocal agreement between the City and the Northern Palm Beach County
Improvement District {NPBCID).
S.G. INTERNATIONAL COUNCIL FOR LOCAL ENVIRONMENTAL
INITIATIVES (ICLEI] USA GRANT APPLICATION: Authorize staff to submit an
International Council for Local Environmental Initiatives (ICLEI) USA grant application,
for the Green Business Challenge project.
8.H. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A.A.A.A.A.
S.I. 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
May 19, 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 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 E. 1st Avenue, E. 2nd Avenue, S.E. 3rd
Avenue, and E. 4~' Avenue; to authorize staff support for security, traffic control, banner
hanging and removal, bazxicade set up and removal, trash removal and clean up and EMS
assistance, with payment of costs to the City per Special Event Policies and Procedures.
B.J. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A.A. AND ITEM 9.A.A.A.
8.K. AWARD OF BIDS AND CONTRACTS:
1. Bid award to Garber Chevrolet in the amount of $22,510.00 far
one (1} 2011 Chevrolet Impala with options for the Police
Department. Funding is available from 501-3312-591-64.20
{Garage Fund: Machinery/Equipment/Automotive).
Z. THIS ITEM HAS SEEN MOVED TO THE REGULAR
AGENDA AS ITEM 9.A.A,A.A.
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3. Purchase award to Dell in the amount of $21,$9696 far a Native
SAS Tape Drive for the City's data backup system. Funding is
available from 334-6112-519-64.11 {General Construction Fund:
Machinery/EquipmentlComputer Equipment}.
4. Purchase award to CDW-G in the amount of $37,5'74.75 for the
lmprivata Software package to comply with FDLE security
requirements which pertain to the Department's implementation of
the new SunGard/4SSI Public Safety Software System; contingent
upon approval of the final agreement by the City Attorney.
Funding will come from the Federal Forfeiture account 115-2112-
521-66.10 and will not be taken from General Revenue).
5. Purchase award to Garber Chevrolet in the amount of $18,909.00
for one (1} Chevy 2500 Van for the Crime Scene Unit. Funding is
available from 001-2115-521-64.20 (General Fund:
Machinery/Equipment/Automotive). (ADDENDU111}
Mr. Frankel moved to approve the Consent Agenda as amended, seconded
by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes;
Mr. Carney -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes. Said motion
passed with a S to 0 vote.
9. REGULAR AGENDA:
9.A.A. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS (SPRAB #5); Accept the actions and decisions made by the Land
Development Boards for the period March 14, 2011 through April 1, 2011.
Mr. Dorling stated this item went to SPRAB for elevation changes. The
current facility Surf Sliders has vacated the property and the proposal is for a restaurant
called Burgerf to locate in this location. Mr. Dorling stated the signage Burgerfi is not
part of the application and was not approved but it did include some elements that staff
identified as issues; one of those was a canopy area that encroaches over the Sarah
Gleason Park and from a staff recommended that a feature be scaled down if not
eliminated. In addition, Mr. Dorling stated staff thought the railing should be eliminated
and there were some issues with the lighting which is non-screened and violates the
lighting code. He stated SPRAB agreed with the applicant and recommended that all of
those items be included in their approval. Mr. Dorling stated staff informed the applicant
that although SPR.AB approved this encroachment onto City property it is not allowed,
the lighting does not comply with the lighting codes that needs to be screened and they
have agreed to do that, and they have agreed to modify the feature. Mr. Dorling stated
staff feels that the applicant has complied with their concerns and he has been privy to the
emails from the condominium immediately adjacent to them and they had similar
concerns and this goes a long way in addressing them.
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Mr. Fetzer stated these are substantial changes that are being discussed to
what SPRAB reviewed the first time and asked if the proper procedure is to go back to
SPRAB with this or for the City Commission to appeal it. The City Attorney stated the
proper procedure would be fox the City Commission to move to appeal this to April 21,
2011 and at that time they can give direction to staff on the appeal.
Mx. Carney stated he would like to see a full presentation with others
having the opportunity to express input including the Commission.
Mr. Carney moved to appeal SPRAB Item 8.J.5. to April 21, 2011,
seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Carney
- Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes.
Said motion passed with a 5 to 0 vote.
9.A.A.A. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS SPRAB #6 : Accept the actions and decisions made by the Land
Development Boards for the period March X4, 2011 through April 1, 2011.
Mr. Carney stated he would rather the opportunity to take a look at the
design and have the entire Commission weigh in on it.
Mr. Carney moved to appeal SPRAB Item S.J.6. to April 21, 2011,
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. Carney -Yes.
Said motion passed with a 5 to 0 vote.
At this point, the time being 7:03 p.m., the Commission moved to Item 10,
the duly advertised Public Hearings portion of the Agenda.
10. PUBLIC HEARINGS:
IO.A. ORDINANCE NO. 06-11: A Privately initiated Future Land Use Map
amendment from (Medium Density Residential 5-12dulac} to GC (General Commercial}
and rezoning from RM (Medium Density Residential) to AC (Automotive Commercial}
fora 0.287 acre parcel located immediately east of the existing Presidential Auto Leasing
and Sales at the southeast corner of South Federal Highway and Avenue "L". (Quasi-
Judicial)
The caption of Ordinance No. 06-I 1 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE FUTURE LAND USE MAP
DESIGNATION AS CONTAINED IN THE
COMPREHENSIVE PLAN FROM MD {MEDIUM
DENSITY RESIDENTIAL 5-12 DU/AC}; TO GC
(GENERAL COMMERCIAL}; ELECTING TO
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PROCEED UNDER THE SINGLE HEARING
ADOPTION PROCESS FOR SMALL SCALE LAND
USE PLAN AMENDMENTS; AND REZONING AND
PLACING LAND PRESENTLY ZONED RM (MEDIUM
DENSITY RESIDENTIAL) TO AC (AUTOMOTIVE
COMMERCIAL} DISTRICT; SAID LAND BEING A
PARCEL OF LAND LOCATED ON THE SOUTH SIDE
OF AVENUE "L", APPROXIMATELY 357 FEET EAST
OF SOUTH FEDERAL HIGHWAY {U.S. HIGHWAY
NO. 1), 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. 06-11 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 Chartex of the City of Delray Beach, Florida.
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 pane
communications. Mr. Frankel, Mrs. Gray, Mayor McDuffie, and Mr. Carney had no ex
pane communications to disclose. Mr. Fetzer stated he spoke with Kelli Freeman,
President of the Tropic Isles Civic Association, who spoke in favor of the project.
Paul Dorling, AICP, Director of Planning and Zoning, entered the
Planning and Zoning Department project file #2011-049 and #2011-048 into the record.
Mr. Dorling stated this is a request for a privately initiated Future Land
Use Map amendment from MD (Medium Density Residential 5-12 du/ac) to GC (General
Commercial) and rezoning from RM (Medium Density Residential) to AC (Automotive
Commercial) fora 0.287 acre parcel located irnrnediately east of the existing Presidential
Auto Leasing and Sales, located at the southeast corner of South Federal Highway and
Avenue "L". Mr. Dorling stated this went to the City Commission in 1992 for a similar
change and was recommended for denial and was for an expansion of a dealership that
was in this location at that time. He stated this was denied based on concerns that this
was not compatible with the adjacent residential uses. Mr. Dorling stated staff
recommends denial of this amendment as it does not meet the required findings identified
in the LDRs with respect to what justifies a change to the Future Land Use Map nor does
it meet the required findings of the rezoning actions that are identified in the LDRs. Mr.
Dorling stated in looking at things south of Avenue "L" staff believes this is an
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_ _ __
encroachment as it was in 1992 and therefore does not meet the required findings that are
necessary in the Comprehensive Plan and the LDRs.
At its meeting of February 28, 2011, the Planning and Zoning Board
recommended approval with a 3 to 1 vote (Miller opposing). Mr. Darling stated the City
also received a letter from the Tropic Isle Civic Association in support of the proposed
changes.
Mr. Dorling stated in looking at the overall corridor this is unique that the
commercial extends into this neighborhood. Mr. Dorling stated there are only two
locations that this commercial encroachment exceeds the depth that is being proposed and
north of this is a lot shallower depth and because of that staff feels it is not supported by
the LDRs or the Comprehensive Plan.
Michael Listic 190 S.E. Sty' Avenue Delra Beach FL 33483
(Attorne representing the Applicant), stated staff is suggesting that because it was
denied in 1992 it should be denied again because nothing has changed. Mr. Listick stated
this is not encroaching commercial into residential but it is an encroachment of
residential into commercial. Mr. Listick stated things have changed since 1992 in the
world and in Delray Beach. He stated in 1992 there the Tropic Isle Association and the
auto dealers were at war. Mr. Listick stated the residents in Tropic Isle were very upset
with commercial encroachment into their neighborhood which at that time had a lot of
empty lots. Mr. Listick stated the property is no longer vacant and it is all built up. He
stated the parking area would be a very nice buffer between the auto dealership to the east
(Presidential Auto Leasing and Sales} and this vacant property.
James Guinstrolisi, 727 N.E. Bay Isle, Boca Raton, FL (owner), stated
they have outgrown their quarters and this would be a tremendous help. He stated by
having a second exit or entrance it will give a better flow of the trucks loading and
unloading. He stated the trucks are currently loading and unloading at Avenue "L" so
this should help some of the congestion on the street.
Mayor McDuffie stated if anyone from the public would like to speak in
favor or in opposition of Qrdinance No. Ob-11, to please come forward at this time.
Kelli Freeman, 917 Banyan Drive, Delray_ Beach, FL 33483 (Tropic
Isle Civic Association President], supports this rezoning and urged the Commission to
vote in favor of this rezoning as well. Ms. Freeman stated staff was supportive of the
change of the rezoning to allow Wal-mart something that most of the surrounding
residents were not in favor of and adamantly opposed to. She stated at the public
meetings regarding the South Federal Highway Redevelopment Plan back in February the
residents made it very clear that they were in favor of the current automotive zoning. Ms.
Freeman stated there is a significant buffer between the proposed lot and the nearby
residential property and the change would be compatible with the extension of the
commercial property on the north side of this area. Ms. Freeman stated things have
changed drastically in 20 years and just because this was once does not mean we have to
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deny it again.
Bob Currie, .Currie Sowards Aquila Architects, 134 N.E. 1St Avenue,
Delray Beach, FL 33444, stated this commercial piece is not deep enough and when we
do commercial there needs to be enough depth to make it viable. Mr. Currie stated the
Planning and Zoning Board voted in favor of this and with regard to the site plan there
will be a wall around it, landscaping, and sidewalks.
Christina Morrison Pearce. 2000 South Ocean Boulevard #307.
Delra Beach FL 334$3 stated a major ingress/egress in and out of that shopping center
renders this parcel not suitable for residential. Ms. Pearce stated in this case this seems to
be the highest and best use for this parcel. She stated the dealership is a good neighbor to
Tropic Isle and they run a very clean operation.
There being no one else from the public who wished to address the
Commission regarding Ordinance No. 06-11, the public hearing was closed.
Mr. Dorling gave the following rebuttal:
Mr. Dorling stated there is a big difference from this site and the Wal-mart
site; one going from commercial to commercial and one going froxxa residential to
commercial. He stated staff does note this as a commercial encroachment into the
neighborhood. Mr. Dorling stated the parcel immediately to the east that was noted and
referenced as a buffer is actually a residential piece that could have potentially a
residential property built on it. Mr. Dorling stated staff notes in the Planning and Zoning
staff report there are required in the LDRs and Comprehensive Plan which are not met by
this application and thus the reason staff recommended denial. Mr. Dorling stated an
argument was made that this stand alone lot is not significant or could not have
significant residential development on it but that ignores the fact that this could be
aggregated with the residential property to the east and a proper residential development
could be done.
Mr. Listick gave the following rebuttal:
Mr. Listick stated staff recognized in their report that there is really no
adverse impact to this because it does not affect utilities, the schools, the parks, and there
is no traffic impact. He stated if this was aggregated this residential as aggregated would
be next to a dealership and this way it is next to a nice paved lot. Mr. Listick stated with
SPRAB's requirement far lighting, landscaping and buffering this makes sense.
Mr. Fetzer concurs with comments expressed and feels with proper
landscaping this will be a very good addition and therefore supports the rezoning.
Mr. Carney concurred with comments expressed by Mr. Fetzer. Mr.
Carney stated staff s concern is that the applicant could do other things as a result of this
and asked if there is something in middle which could address their issue of having what
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they want Mr. Darling stated to do what they want to do they have to get a commercial
designation.
Mrs. Gray stated she likes the design and feels that rt would help the
business owner. She stated because it has commercial parking around it she does not see
a problem with it. Therefore, Mrs. Gray stated she supports the rezoning.
Mr. Frankel stated this is a long time business that wishes to expand and a
neighborhood that has no problem with it. Mr. Frankel stated he supports the rezoning.
Mayor McDuffie stated several people mentioned that Delray is good
because we get along and everyone is able to work together and disagree with each other.
He stated he recalls the Wal-mart discussions that went on and prior to both of those
discussions he heard from the Tropic Isle residents Ms. Freeman and a gentleman who
was on the other side of the Wal-mart argument and one of the things that they both agree
on is they did not like the blight on this street. Mayor McDuffie stated this is a nice plan
to cure the blight to some extent on Avenue "L" and supports the rezoning.
Mr. Fetzer moved to adapt Ordinance No. 05-11 on Second and FINAL
Reading, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mr.
Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Carney -Yes; Mr. Fetzer -
Yes. Said motion passed with a 5 to 0 vote.
IO.B. ORDINANCE NO. OS-ll: Consider amending Chapter 132, "Offenses
Against Public Peace And Safety", by enacting Section 132.10, "Electric Personal
Assistive Mobility Devices, (EPAMDS)", to regulate the use of such devices on city
streets and sidewalks.
The caption of Ordinance No. OS-11 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 132, "OFFENSES AGAINST
PUBLIC PEACE AND SAFETY", OF THE CODE OF
ORDINANCES BY ENACTING SECTION 132.10,
"ELECTRIC PERSONAL ASSISTIVE MOBILITY
DEVICES, (EPAMDs)", TO REGULATE THE USE OF
SUCH DEVICES ON CITY STREETS AND
SIDEWALKS, PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTNE
DATE.
{The official copy of Ordinance No. OS-11 is on file in the City Clerk's
office.)
12
0410511 I
The City Attorney read the caption of the ordinance and stated the
Commission passed this on first reading with several comments. He stated he marked the
changes in the ordinance by underline and strike through. The City Attorney stated the
following requirements were added: added 15 minutes as the minimum amount of time,
added the requirement that tour operators has to wear safety vests, all tours will be
operated in single f le, and to provide on the north end of the public parking lot north of
the Marriott Hotel because the sidewalk goes all the way through Andrews Avenue and
they can take that route to come off of the west and take that down to Andrews Avenue.
The City Attorney stated also attached is a memo from Mr. Listick on behalf of his client
offering and alternative route on A1A which encompasses part of the east side of AlA
where the double sidewalk is on the north end and they would be allowed to ride on the
eastern sidewalk for a minimal distance. The City Attorney stated there is a crosswalk at
the north end of the Marriott Hotel and they would cross over to the west side.
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.
Andy Katz, 220 South Ocean Boulevard, Delray Beach, FL 33483,
representing the Beach Property Owners Association (BPOA) stated there are members
of the BPOA that say the sidewalk is already too crowded given the multiple uses (i.e.
skateboards, bicycles, baby strollers, motorized skateboards, scooters, motorized
scooters, etc.}. Mr. Katz stated if the Commission approves this ordinance some of the
BPOA's concerns have already made it into the requirements. Mr. Katz asked if a
provision can be made to make sure that the single file line be to the right side of the road
rather than the middle of the road.
David Schmidt, 140 N.E. 4~h Avenue, Delray Beach, FL 33483
(Attorney representing J & N Enterprises of Palm Beach,. LLC doing business as the
Electric ExQerience), stated they have joined in the meetings with Mr. Lzstick, the City
Attorney, and the Director of Planning and Zoning and they support Mr. Listick's
proposed route on north A1A essential would be from the crosswalk at Crestwood down
the sidewalk to the crosswalk at the Marriott Hotel. Mr. Schmidt stated they believe
there is sufficient space for both segways and pedestrians in that area. Mr. Schmidt
stated Mr. Dorling was opposed to the segways on the east side on the south side and
there is no objection to that.
Dr. Victor Kirson, D.D.S.,T2050 Alta Meadows Lane #2110, Delray
Beach. FL 33444 (President of the Board of Directors of Tierra Verde at Delray
Beach stated this is dangerous for the pedestrians on the sidewalks and it is hazardous
for the segway people in the street. Dr. Kirson stated no matter what regulations the City
Attorney puts in the ordinance there is no way of policing this.
Michael Listck,__190 S.E. 5~'' Avenue, Delray Beach, FL 33483
(Attorney), stated they agree with everything that Mr. Dorling has done except the only
13
X4/05/11
issue is A1A. Mx. Listick stated he suggested that they will not go between the Marriott
Hotel and Boston's on AlA on either side of the street. He stated then the question
became south of Boston's on the east side and north of the Marriott Hotel on the east
side. Mr. Listick stated they believe it could be on either side but they are willing to
concede that they will stay off the sidewalk south of Atlantic Avenue on the east side and
be limited to the area of the double sidewalk from the start of the north end of the beach
to the crosswalk at the north end of the Marriott Hotel.
There being no one else from the public who wished to address the
Commission regarding Ordinance No. OS-11, the public hearing was closed.
Mr. Frankel stated in San Francisco banned segways from the sidewalks;
the segways were banned from Disney World and Disney Land; there was a study at
George Washington University (article dated September 28, 2010) about how they
examined 41 people who had injuries suffered from riding segways. Mr. Frankel stated
he understands they have a right to operate but supports safety procedures.
Mrs. Gray supports segways and stated her very first time on one was in a
field where they went through practicing and learning how to do that. However, Mrs.
Gray stated she is not in favor of segways being on sidewalks with pedestrians because
she feels this is an accident waiting to happen. Mrs. Gray stated she jogs in the morning
on the east side of AlA and it is crowded in the mornings with dogs, and baby strollers,
etc.
Mr. Carney expressed concern over the safety aspects of the segways and
stated he does not support the segways on sidewalks. He commented whether 15 minutes
is sufficient training or not. Mr. Carney stated he is concerned that all of the rules the
Commission puts in place that they have the ability to enforce them.
Mr. Fetzer expressed concern over the safety issues and stated there are
still some issues with the use of segways on sidewalks. Mr. Fetzer suggested that the
Commission table this item and give the business another opportunity to come up with
another plan that can satisfy the Cornrnission's concerns about safety.
The City Attorney stated according to State law segways are allowed to go
on all sidewalks and staff is attempting to restrict them from those things.
Brief discussion between the City Attorney and the Commission followed.
Mr. Listick stated the tours are a conditional use and if the Commission
passes the ordinance they still have to come back under a conditional use; and, if the
Commission wants to impose further restrictions then that is their opportunity to do so
and that would include enforcement as conditions to granting the conditional use.
Mayor McDuffie stated we have issues with safety on every type of
vehicle that we have on our streets and sidewalks in the City of Delray Beach. He stated
1 ~1
04/05/11
we need regulations that are equal to all types of transportation other than motor vehicles.
Mayor McDuffie stated he cannot see a way that we can keep everyone 100% safe by
~ allowing them on the sidewalk, in the bike lanes, or any place else.
The City Manager stated if the Commission adapts this ordinance the
segways will be prohibited an the east side of Al A.
Mr. Fetzer moved to adopt Ordinance No. OS-11 on Second and FINAL
Reading, seconded by Mr. Carney. Upon roll call the Commission voted as follows:
Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Carney -Yes; Mr. Fetzer -Yes; Mr.
Frankel -Yes. Said motion passed with a S to 0 vote.
10.C. ORDINANCE NO. 04-11 (SECOND READING/SECOND 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 far 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; and amending Appendix
"A", "Definitions".
The caption of Ordinance No. 04-11 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 4.4.13, "CENTRAL
BUSINESS {CBD) DISTRICT", SUBSECTION
4.4.13(D), "CONDITIONAL USES AND
STRUCTURES ALLOWED"; BY AMENDING
SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR
SPECIFIC USES," BY ENACTING A NEW
SUBSECTION (ZZZZ}, "SEGWAY TOURS AND
SEGWAY SALES"; AND BY AMENDING
APPENDIX "A", "DEFINITIONS", TO ESTABLISH
REGULATIONS FOR SEGWAY TOURS AND
SEGWAY SALES AND TO PROVIDE FOR A
DEFINITION OF ELECTRIC PERSONAL
ASSISTIVE MOBILITY DEVICE (EPAMD);
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTNE DATE.
(The official copy of Ordinance No. 04-11 is on file in the City Clerk's
office.)
15
d4/OS/11
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in connpliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Paul Dorling, AICP, Director of Planning and Zoning, stated this is a
privately-initiated text amendment to LDR Section 4.4.13(D)(22) and provides for a
definition of segways and would allow tour operators as a conditional use as well as sales
of the segways in the CBD {Central Business District}. Mr. Dorling stated it also
provides specific requirements that would apply to operation for these sorts of businesses.
He stated the ordinance has been modified since the Commission's direction at first
reading. Mr. Dorling stated at first reading the ordinance had a lot of the special
regulations that are now incorporated in Ordinance Na. 5-11 and now includes a limited
amount of special regulations which was submitted with the application by the private
entity. Mr. Dorling stated the City Attorney's office has been working with the applicant
as well as another party that conducts these tours an a regular basis and they are fine with
all of these requirements. Staff recommends approval at this time.
Mr. Dorling stated the item went before various boards and many of theix
concerns have been addressed not only in this ordinance but also with Ordinance No. 05-
11.
Mayor McDuffie declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Drdinance No. 04-11,
the public hearing was closed.
At this point, Mrs. Gray stepped away from the dais.
Mr. Frankel waved to adopt Ordinance No. 04-11 on Second
Reading/Second Public Hearing, seconded by Mr. Carney. Upon roll call the
Commission voted as follows: Mayor McDuffie -Yes; Mr. Carney -Yes; Mr. Fetzer -
Yes; Mr. Frankel ---Yes. Said motion passed with a 4 to 0 vote.
At this point, the time being 8:06 p.m., Mrs. Gray returned to the dais.
10.D. ORDINANCE NO. 10-11 (SECOND READING/SECOND _P_UBLIC
HEARING): Consider amending the Land Development Regulations (LDR) by
repealing Section 4.3.3(d}, "Residential and Non-Residential Licensed Service Provider
Facilities" in its entirety; amending Sections 4.4.2, "Rural Residential (RR) Zone
District", 4.4.3, "Single Family Residential (R-1} Districts", 4.4.5, "Law Density
Residential (RL) District", 4.4.6, "Medium Density Residential (RM) District", 4.4.7,
"Planned Residential Development (PRD} District", 4.4.17, "Residential Office (RO)
District", 4.4.24, "Old School Square Historic Arts District (OSSHAD)", 4.4.29, "Mixed
Residential Office and Commercial (MROC} District", to include residential licensed
service provider facilities among the list of permitted uses in these zoning districts;
amending Sections 4.4.6, "Medium Density Residential (RM) District"; 4.4.9, "General
Commercial District" (GC), 4.4.13, "Central Business District (CBD), 4.4.16,
16
04/05/11
"Professional and Office District", 4.4.17, "Residential Office (RO} District"; and 4.4.24,
"Old School Square Historic Arts District (OSSHAD)"; to clarify that residential licensed
service provider facilities and nursing homes are allowed where other residential uses are
allowed in these zoning districts; amending Appendix "A", "Definitions", in order to
provide updated definitions of "Residential Licensed Service Provider" and "Non-
Residential Licensed Service Provider".
The caption of Ordinance No. 10-11 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS BY REPEALING SECTION 4.3.3(D},
"RESIDENTIAL AND NON-RESIDENTIAL LICENSED
SERVICE PROVIDER FACILITIES" IN ITS ENTIRETY;
AMENDING SECTIONS 4.4.2, "RURAL RESIDENTIAL
(RR) ZONE DISTRICT", 4.4.3, "SINGLE FAMILY
RESIDENTIAL (R-1) DISTRICTS", 4.4.5, "LOW
DENSITY RESIDENTIAL (RL) DISTRICT", 4.4.6,
MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT",
4.4.7, "PLANNED RESIDENTIAL DEVELOPMENT
(PRD} DISTRICT", 4.4.17, "RESIDENTIAL OFFICE
(RO) DISTRICT", 4.4.24, "OLD SCHOOL SQUARE
HISTORIC ARTS DISTRICT (OSSHAD)", 4.4.29,
MIXED RESIDENTIAL OFFICE AND COMMERCIAL
(MROC} DISTRICT" TO INCLUDE RESIDENTIAL
LICENSED SERVICE PROVIDER FACILITIES
AMONG THE LIST OF PERMITTED USES TN THESE
ZONING DISTRICTS; AMENDING SECTIONS 4.4.6,
"MEDIUM DENSITY RESIDENTIAL (RM} DISTRICT";
4.4.9, "GENERAL COMMERCIAL DISTRICT" (GC},
4.4.13, "CENTRAL BUSYNESS DISTRICT (CBD},
4.4.16, "PROFESSIONAL AND OFFICE DISTRICT",
4.4.17, "RESIDENTIAL OFFICE (RO) DISTRICT"; AND
4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS
DISTRICT (OSSHAD}"; TO CLARIFY THAT
RESIDENTIAL LICENSED SERVICE PROVIDER
FACILITIES AND NURSING HOMES ARE ALLOWED
WHERE OTHER RESIDENTIAL USES ARE
ALLOWED IN THESE ZONING DISTRICTS;
AMENDING APPENDIX "A" , "DEFINITIONS", IN
ORDER TO PROVIDE UPDATED DEFINITIONS OF
"RESIDENTIAL LICENSED SERVICE PROVIDER"
AND "NONRESIDENTIAL LICENSED SERVICE
PROVIDER"; PROVIDING A SAVYNG CLAUSE, A
17
04/05/11
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
office.)
{The official copy of Ordinance No. 10-11 is on file in the City Clerk's
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Paul Dorling, A1CP, Director of Planning and Zoning, stated the changes
are being processed to bring the Code current with legal standards based upon current
case law and that case law has determined that the City needs to provide or treat these
similar to other residential uses. Mr. Dorling stated currently the City has special
regulations that apply to them which do treat them differently including minimum
separation distances, minimum floor areas for bedrooms, minimum floor areas devoted to
common areas and locationai restrictions including a 1,200 foot separation between
private and public schools. Mr. Dorling stated these are being repealed again because
they are not supported by current case law. Furthermore, Mr. Dorling stated we currently
allow them as conditional uses or not at all in certain residential districts.
At its meeting of February 2$, 2011, the Planning and Zoning Board
considered this item and recommended approval with a 5 to 0 vote. At its meeting of
March 15, 2011, the Commission recommended approval.
Mayor McDuffie stated if anyone from the public would like to speak in
favor or in opposition of Ordinance No. 10-11, to please come forward at this time.
Christina Morrispn Pearce, 2040 youth Ocean Boulevard #307,
Delray Beach, FL 33483, stated this means that a halfway house could be within 1,200
feet of a school.
Terrill Pyburn, Assistant City Attorney, stated this is being done based on
the Fair Housing Act (FHA) and Americans with Disabilities Act (ADA) which are
Federal laws so the City is trying to bring its Code into compliance with that. However,
Ms. Pyburn stated there is still a distance requirement with regards to people using drugs
and there are stricter penalties for people caught using drugs within 1,000 feet of a
school.
There being no one else from the public who wished to address the
Commission regarding Ordinance No. 10-11, the public hearing was closed.
Mr. Frankel moved to adopt Ordinance No. 10-11 on Second
Reading/Second Public Hearing, seconded by Mrs. Gray. Upon roll call the Commission
voted as follows: Mr. Carney -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -
Yes; Mayor McDuffie -Yes. Said motion passed with a 5 to 0 vote.
1$
04/05/11
1Q.E. ORDINANCE NO. 09-I1 (SECOND READING/SECOND PUBLIC
HEARING): Consider amending the Land Development Regulations (LDR) by
amending Sections 4.4.12, "Planned Commercial (PC) District; 4.4.15, "Planned Office
Center (POC) District", 4.4.21, "Community Facilities (CF} District"; enacting a new
Section 4.5.18, "Medical Arts Overlay District", to provide for the creation and
implementation of the Medical Arts Overlay District; and amending Appendz~ "A",
"Definitions", of the Land Development Regulations (LDR) to defzne "Institutional
Uses".
The caption of Ordinance No. 09-11 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH
BY AMENDING SECTIONS 4.4.12, "PLANNED
COMMERCIAL (PC} DISTRICT; 4.4.15, "PLANNED
OFFICE CENTER (POC) DISTRICT; 4.4.21,
"COMMUNITY FACILITIES (CF} DISTRICT";
ENACTING A NEW SECTION 4.5.18, "MEDICAL
ARTS OVERLAY DISTRICT", TO PROVIDE FOR THE
CREATION AND IMPLEMENTATION OF THE
MEDICAL ARTS OVERLAY DISTRICT; AND
AMENDING APPENDIX "A", "DEFINITIONS", OF
THE LAND DEVELOPMENT REGULATIONS TO
DEFINE "INSTITUTIONAL USES"; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 09-11 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Paul Dorling, AICP, Director of Planning and Zoning, stated this creates
and irnplements a Medical Arts Overlay District and is the second of three ordinances
dealing with residential and non-residential license service providers. Mr. Dorling stated
it creates this overlay district to include institutional like uses including hospitals and non
--residential license service provider facilities those like intensive inpatient and detox type
facilities and provides an overlay district where they can be located. Mr. Dorling stated
this area is proposed by the hospital where there are medical and institutional uses at
Linton Boulevard and Military Trail and that would be the location that is appropriate for
these type of institutional uses.
19
04/05/11
At its meeting of February 28, 2011, the Planning and Zoning Board
recommended approval with a 5 to 0 vote. At its meeting of March 15, 2011, the
Commission recommended approval.
Mayor McDuffie declared the public hearing open. There being no one
else from the public who wished to address the Commission regarding Ordinance No. 09-
11, the public hearing was closed.
Mrs. Gray stated she is glad to see that the City is implementing this
ordinance so that we have somewhere to designate this particular use.
Mrs. Gray moved to adopt Ordinance 09-11 on Second Reading/Second
Public Hearing, seconded by Mr. Frankel. Upon roll call the Commission voted as
follows: Mr. Fetzer -Yes; Mr. Frankel -- Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes;
Mr. Carney -Yes. Said motion passed with a 5 to 0 vote.
10.F. ORDINANCE NO. 11-11: Consider acity-initiated amendment to Land
Development Regulations (LDR) Appendix "A", "Defmitions", to provide a revised
definition for Medical Office.
The caption of Ordinance No. 11-11 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS, BY AMENDING APPENDIX "A",
"DEFINITIONS", TO ENACT A REVISED DEFINITION
FOR "MEDICAL OFFICE", PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 11-ll is on f le in the City Clerk's
office.)
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Paul Dorling, AICP, Dixector of Planning and Zoning, stated this
ordinance amends the definition to include outpatient programs referenced in Florida
Statute 397.311. Mr. Dorling stated this is to clarify and differentiate between outpatient
medical treatment and intensive inpatient medical treatment including detox facilities
which are institutional in nature. Non-institutional medical uses are currently and will
continue to be allowed in the medical office districts whereas the institutional medical
uses including those intensive inpatient treatment facilities would now be allowed in the
new Medical Arts Overlay District. Mr. Dorling stated this is necessary in that we have
20
04/05/11
many zoning districts that allow medical office uses now that are in mixed districts that
include residential uses or are in close proximity to residential uses. He stated recent case
law has found that intensive inpatient treatment facilities like these detox facilities are
less like residential dwellings are more akin to hospitals and can legitimately be
prohibited from those residential districts.
At its meeting of February 28, 2011, the Planning and Zoning Board
recommended approval with a 5 to 0 vote. At its meeting of March 15, 2011, the City
Commission recorramended approval.
Mayor McDuffie declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 11-11,
the public hearing was closed.
Mr. Frankel moved to adopt Ordinance No. 11-11 on Second and FINAL
Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr.
Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Carney -Yes; Mr. Fetzer -
Yes. Said motion passed with a 5 to 0 vote.
At this point, the time being 8:17 p.m., the Commission moved to Item
11.B., Comments and Inquiries onNon-Agenda Items from the Pnblic.
ll.B. From the Public.
11.B,1. Roland Mark, 201 N.W. 3r`' Avenue, Delray Beach, FL 33444,
(Personal Ministries Director Daughter of Zion Seventh Day Adventist Church,
stated he would like to erect a tent on the corner of S.W. 10 Avenue and S.W. 12`
Avenue from. July 7, 2011-August 13, 2011.
1LB.2. Harold Brooks, 201 N.W. 3~d Avenue, Delray Beach, FL 33444 (Pastor
of Daughter of Zion Seventh Day Adventist Church), stated they went through the
necessary process to obtain the permit to ~do this and were turned dawn because of an
ordinance that is not very clear because it does not state haw long the church can have the
tent up. Pastor Brooks stated they set aside a budget of $30,000-$40,000.00 to do this
event to help promote good health and family unity in the community.
Mayor McDuffie stated events that are held in the city have to go through
an approval process. The City Manager stated it has been turned down administratively
and believes there is an appeal process.
11.B.3. Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane #2210, Delray
Beach, FL 33444. (Pr~sident_of the Board of Directors of Tierra Verde at Delray
Beach stated this Commission is considering spending $310,000.04 for an amphitheater
at the Spady Museum grounds and noted that the City is still $1.5 million in the hole for
this year. Dr. Kirson stated he is also a member of the Alliance of Delray Beach
Homeowners Association and condo associations. The Property Appraiser spoke to them
21
04/05/11
and said that they are expecting another 5% decrease in property values. He stated
approving this for next year does not help us at all and recommended that plan be rejected
because the City cannot afford it. Dr. Kirson stated this is not a racial issue but is a
financial issue.
At this point, the time being 8:24 p.m., the Commission moved to Item
ll.A., City Manager's response to prior public comments and inquiries.
11.A. City Manager's response to prior public comments and inquiries.
The City Manager stated at the last meeting Mr. Sclier complained about
litter and noise and the Police Department will make an effort to try to monitor noise in
the area that he was concerned about. The City Manager stated Mayor McDuffie
mentioned that the City has received complaints in the DeI-Ida area as well and the City
will try to refocus our efforts in those areas and devote some more staff attention to it.
At this point, the Commission moved back to Item S.K.2 of the Regular
Agenda.
9.A.A.A.A. AWARD OF BIDS AND CONTRACTS: Contract award to SCS
Engineers in the amount of $25,742.00 for preparation of construction documents and
specifications for the installation of improvements and equipment for mitigation of
combustible gases at the Robert P. Miller Park facilities. Funding is available from 334-
4173-572-63.90 (General Construction Fund: Improvements Other/Other Improvements}.
Richard Hasko, Director of Environmental Services, stated this item is a
request for approval of an agreement with SCS Engineers in the amount of $25,742.00
for the preparation of construction documents and specifications for the installation of
mitigation equipment and improvements for Robert P. Miller Park to deal with the
combustible gas that staff has been monitoring since last April that have resulted from the
disturbance of the materials from the farmer dump site. Mr. Hasko stated when we got
into the reconstruction of Robert P. Miller Park they ran into significantly more waste
material from the old landfill site than anticipated based on the preliminary sails
exploration. He stated the City had to excavate 100% of that material for structural
reasons underneath the buildings that were built. Mr. Hasko stated the rest of the fill the
City tried to move round the site and make sure that it was in areas that would not cause
structural issues primarily in between the fields that were approved and in doing so staff
was successful at minimizing any additional expenses that might have occurred from
having to haul the rest of that material out. Mr. Hasko stated the reason that staff started
sampling and testing for the potential for .combustible gases as a result of that
construction effort was on the basis of recommendations from the Engineering consultant
who had experience and people on staff with those specialty areas in dealing with
landfills. Mr. Hasko stated staff never had any issue with combustible gases on this site
but there were never any plans available because of the history behind the closure of the
dump. He reiterated that staff did not have the benefit of any plans or information that
would have explained the extent of the material. Mr. Hasko stated with the disturbance
of the material that had been sitting there over time that had the potential for having the
22
04/05/11
affect of releasing combustible gases. Therefore, Mr. Hasko stated staff installed six
sampling points at some of the buildings; one of them over a 4-6 month period showed a
consistent level of methane and it was significant enough that we retained SCS Engineers
last year to do an additional study ($12,440.00) to perform a more extensive sampling
protocol not only around the buildings but everywhere where the City had done
excavation on the site. Mr. Hasko stated the result of that was a report that showed a
number of recommendations that suggested that we needed to do some mitigation work
to make sure that none of these gases were going to find their way up into the buildings.
Mr. Hasko stated an additional recommendation estimated at $125,000.00 is for the
powered subsurface venting system. The scope for design of that mitigation component
is not included in this proposal. Mr. Hasko stated intent was to implement all of the
recommendations except for that one since staff has had no indication of the gases getting
into the buildings. Staff would like to monitor the rest of these as a precautionary
measure and monitor the presence of those gases. If the monitoring shows that the City
needs to do something further in terms of this positive trench, then staff can plan for that
in the future.
The City Attorney stated he would like to make sure that the Commission
is aware that the City's standard terms and conditions will be included in this agreement
as well.
Mr. Fetzer moved to approve the agreement with SCS Engineers in the
amount of $25,742.00, seconded by Mrs. Gray. Upon roll call the Commission voted as
follows: Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Carney -Yes; Mr. Fetzer -Yes;
Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote.
9.A.A.A.A.A. EXTENSION OF AN AGREEMENT WITH QUALITY
TRANSPORT SERVICES, INC./DOWNTOWN ROUNDABOUT SHUTTLE
SYSTEM: Approve Extension of the Agreement with Quality Transport Services,
Inc. for six (6) months to operate the Downtown Roundabout Shuttle System. Funding is
available from 001-3151-545-34.90 (General Fund: Operation Expenses - Misc/Other
Contractual Services).
Scott Aronson, Parking Management Specialist, stated this item is a
request of an extension of the Quality Transport Services, Inc. agreement to provide
shuttle services. Mr. Aronson stated April 10, 2011, the City's funding from the Florida
Department of Transportation (FDOT) and the Palm Beach County Board of
Commissioners expires to $90,000.00 per year. He stated the Community
Redevelopment Agency (CRA) has budgeted additional funds to make up the expiring
grants. In June 2010, the City completed an RFP for trolley style vehicles to be serviced
and those bids came in at $65.00 and $55.00 per hour considerably more than what the
City is paying for its current service. Staff is pursuing the purchase of vehicles that might
be available for purchase through other municipalities whose services have fallen by the
waist side due to the budget constraints. In addition, staff is working with the South
Florida Regional Transportation Agency (SFRTA) for grant funding to provide for Tri-
Rail to the downtown core area. Mr. Aronson stated staff requests the extension to get us
through this fiscal year and to keep this service going and getting a better rate on the
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services that are provided. Mr. Aronson stated as the parking study showed $38.50 per
hour is one of the best shuttle rates found.
Mayor McDuffie stated he wanted to be clear on what we are doing here.
Also, Mayor McDuffie stated he sees we are looking for some funding which went
through the Metropolitan Planning Organization (MPO) and did not materialize.
Mrs. Gray asked if the trolleys were purchased with grant dollars. Mayor
McDuffie stated these trolleys are leased. Mr. Aronson stated the shuttles that the City
has now are part of the contract. Mrs. Gray asked what would happen once the City
purchases new trolleys. Mr. Aronson stated the City would have to restructure its
agreement with the shuttle company and noted the five (5) key cost components of the
service are vehicle cost, gasoline, insurance, maintenance, and payroll are what gets you
to the hourly rate.
Mr. Frankel asked if the approval of this item would cost money from the
General Fund. Mr. Aronson stated no because the CRA has provided additional funding
to cover the expiration of the grants.
Mr. Carney moved to approve a six (6) month extension of the agreement
with Quality Transport Services, Inc. to continue to provide service for the Downtown
Roundabout under the same terms and conditions as set forth in the original agreement
dated January 3, 2006, seconded by Mrs. Gray. Upon roll call the Commission voted as
follows: Mayor McDuffie -Yes; Mr. Carney -Yes; Mr. Fetzer -Yes; Mr. Frankel -
Yes; Mrs. Gray -Yes. Said motion passed with a 5 to 0 vote.
9.A. WAIVER REQUEST/GERMAN AUTO WORLD: Consider a request
to waive Land Development Regulations (LDR) Section 6.1.2(C)(3)(a), "Paving Widths",
to allow 20.5' where a 24' minimum pavement width is required for German Auto World
located at 2165 West Atlantic Avenue. (Quasi-Judicial Hearing)
Mayor McDuffie read the City of Delray Beach procedures for aQuasi-
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 pane
communications. Mr. Frankel stated he spoke with Mr. Lynne and Mr. Weiner. Mrs.
Gray, Mayor McDuffie, Mr. Carney and Mr. Fetzer had no ex parte communications to
disclose.
Paul Dorling, AICP, Director of Planning and Zoning, entered the
Planning and Zoning Department project file #2011-097 into the record.
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Mr. Dorling stated this is a consideration of a waiver to LDR Section
6.1.2.(c)(3){a) to allow 20.5 foot pavement width where 24 foot minimum pavement
width is required for German Anta World located at 2165 West Atlantic Avenue. Mr.
Dorling stated there is a small portion of that drive aisle about 12 feet in length that is
reduced to 20.5 foot in width. Mr. Dorling stated this is an existing parking lot and there
have been existing conditions and there have been no prior conflicts. The applicant
proposes some reduced dimension compact parking spaces which provides more width
then currently exists. Mr. Dorling stated given the unique nature of this parking lot and
the fact of what is being proposed now is actually better than has existed for same time
and there have been no prior issues staff recommends approval of this waiver request
At its meeting of March 23, 2011, the Site Plan Review and Appearance
Board (SPRAB) reviewed the waiver request in conjunction with the Class 7Ir Site Plan
Modification and the Board voted to recommend approval with a 5 to 0.
Michael Phillips, 132 N. Swinton Avenue, Delray Beach, FL 33444
(Applicant}, stated this is an existing site and is constrained an one side. Mr. Phillips
stated they have added the compact spaces and still fall into their parking counts.
Mayor McDuffie stated if anyone from the public would like to speak in
favor or in opposition of the waiver request, to please come forward at this time. There
being no one from the public who wished to address the Commission regarding the
waiver request, the public hearing was closed.
There was no cross-examination or rebuttal.
The City Attorney briefly reviewed the Board Order with the Commission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes}.
Mr. Frankel moved to adopt the Board Oxder as presented, seconded by
Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Carney -Yes; Mr.
Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes. Said motion
passed with a 5 to 0 vote.
9.8. WAIVER RE VEST/ATLANTIC OCEAN CLUB: Consider approval
of a waiver request to Land Development Regulations (LDR) 4.3.4(H)(4), "Structures
Allowed in Setbacks", to allow a statue and pedestal to be located within the building
setback for Atlantic Ocean Club (flkla Bob's Famous Bar) located at 217 & 219 East
Atlantic Avenue. (Quasi-Judicial Heaping)
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this.
Mayor McDuffie asked the Commission to disclose their ex pane
communications. Mr. Frankel stated at 5:00 he was at the Chamber Event at the Atlantic
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Ocean Club but there was no specific discussion. Mrs. Gray, Mayor McDuffie, Mr.
Carney, and Mr. Fetzer had no ex pane communications to disclose.
Paul Dorling, AICP, Director of Planning and Zoning, entered the
Planning and Zoning Department project file #2011-060 into the record.
Mr. Dorling stated this is a waiver to LDR Section 4.3.4{H){4} to allow a
statue and pedestal to be located within the building setback area. The property was
formerly occupied by the Richwagon Bicycle Shop and Power's Lounge, which were
demolished. The development proposal included conversion of the 1,563 square foot
second floor apartment and 1,249 square foot second floor restaurant to office space,
construction of 924 square feet of mezzanine floor area on the ground floor, construction
of 891 square feet of additional restaurant on the third floor, and installation of a new
awning over the existing can wash/dumpster enclosure and along the north side of the
building. Mr. Dorling stated the applicant came before SPRAB for some additional
modifications to the site and one of those included approval far a pedestal. He stated the
LDRs stipulate several items that are allowed within the setback and does not include
features such as this statue and pedestal. Mr. Dorling stated this is not located within a
site visibility triangle or a manner that would impose a public hazard with respect to
either vehicles or pedestrians. Staff recommends approval.
Michael Weiner, Weiner & Lynne, 14_S.E. 1~= Avenue, Delray Beach
__ ...._
FL 33444 {speaking on behalf of the Appliean~, stated all four criteria are met and
respectfully request the waiver.
Mayor McDuffie stated if anyone from the public would like to speak in
favor or in opposition of the waiver request, to please come forward at this time. There
being no one from the public who wished to address the Commission regarding the
waiver request, the public hearing was closed.
There was no cross-examination or rebuttal.
The City Attorney briefly reviewed the Board Order with the Commission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes}.
Mr. Frankel moved to adopt the Board Order as presented, seconded by
Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr.
Frankel -Yes; Mrs. Gxay -Yes; Mayor McDuffie -Yes; Mr. Carney -Yes. Said
motion passed with a 5 to 0 vote.
9.C. THIS ITEM HAS BEEN WITHDRAWN BY THE APPLICANT.
9.D. CONSIDERATION OF AN APPEAL/ANYTHING AND
EVERYTHING AUTO, INC.: Consider an appeal of an administrative interpretation by
the Director of Planning & Zoning for Anything and Everything Auto, Inc. located at
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1865 Dr. Andre's Way. (Quasi-Judicial Hearing)
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this.
Mayor McDuffie asked the Commission to disclose their ex parte
communications. Mr. Frankel stated he received a letter and package dated April 1, 2011
from Attorney Jeffrey Lynne. Mrs. Gray stated she too received the same package.
Mayox McDuffie stated he received the same package as well which is an administrative
appeal on this item. Mr. Carney stated he too received the same package. Mr. Fetzex
stated he too received the same package.
Paul Dorling, AICP, Director of Planning and Zoning, entered the
Planning and Zoning Department project file #2011-085 into the record.
Mr. Dorling stated there was a separate scrap metal recycling business that
was operating there several months ago and they were cited by Cade Enforcement. He
stated they vacated the site and sought and received approval by this Commission to
locate in another location off Wallace Drive in the Wallace Redevelopment Area. Mr.
Dorling stated that was the beginning of this issue and the actual item that is being
appealed is an interpretation that he made on February 17, 2011, that determined that the
category of scrap metal recycling use was not a specific use that was legally established
on this site and therefore did not enjoy a legal non-conforming grandfather status. Mr.
Dorling reiterated that it has legally established to be legally non-conforming. This letter
was appealed on the same day by the attorney for the applicant Jeffrey Lynne on behalf
of Anything and Everything Auto Inc. doing business at 1865 Dr. Andre's Way. Mr.
Dorling stated the applicant is asserting that the scrap metal recycling operation is
grandfathered at the site where a long standing junk yard use has been appropriately
licensed for many years. That assertion is based on an argument that the approved use of
a junk yard extends to and includes scrap metal recycling. While junk yard operations
include the accessory use of auto metal recycling, it does not extend to general scrap
metal recycling. The LDR~ identify these two uses, junk yards and scrap metal recycling
as two distinct and separate uses. The applicant has provided a chronology which
indicates that in 1977 junk yards was listed in the MI (Medium Industrial) District as a
permitted use. This use was established under this junk yard use category. The property
was rezoned in 1984 from this Medium Industrial designation to a Light Industrial {LI}
designation and that junk yard was allowed to continue as anon-conforming use since it
had been legally established. However, the scrap metal recycling use was listed in the LI
District (not the MI District) at that time.
J_ effr_ ey Lynne, 10 S.E. 1St Avenue, Delray Beach, FL 33444, stated they
are here today on an appeal of the administrative decision of the City's Director of
Planning and Zoning who determined that the existing scrap metal recycling use on their
client's property was not legally established. Mr. Lynne stated they believe the staff
report is complete and accurate in stating the factual background relating to this appeal
but it leaves open certain assumptions which they will respectful suggest have led to an
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erroneous conclusion which is why they are before the Commission now. Mr. Lynne
stated the City admits that a longstanding junkyard use has been to an erroneous
conclusion which is why they are before the Commission today. Mr. Lynne stated the
City admits that a longstanding junkyard use has been appropriately licensed at the
property for approximately 40 years since the 1970's. In addition, Mr. Lynne stated the
City also admits that junkyard operations include the accessoxy use of auto metal
recycling. However, Mr. Lynne stated the City then attempts to make the distinction that
scrap metal recycling is a separate and distinct use from the historic junk use and auto
metal recycling which has occurred far aver 40 years on the property. He stated in the
1970's the property was zoned MI (Mixed Industrial} junkyaxds were a permitted use and
there was no separate and distinct use for scrap metal recycling. Mr. Lynne stated in
1984 the property was zoned L1 (Light Industrial} the junkyard use category was not
identified in the LDRs but scrap metal recycling was. Mr. Lynne stated these uses were
not always intentionally distinct and separate from each other. On October 29, 2009, the
applicant was served with a Notice of Violation from the Code Enforcement division for
operating the scrap metal component of his business illegally. Mx. Lynne stated the
applicant provided the City with his most .recent Business Tax Receipt showing his
authority to operate a junkyard on the site. The City responded that while the junkyard
use is grandfathered the scrap metal recycling is not. Mr. Lynne stated if the applicant
wanted to continue that use as opposed to only auto metal recycling the applicant has the
burden to prove that he has historically and continuously recycled crap metals on the
property during a time when it was otherwise permitted. Mr. Lynne stated in the 1470's
there was no distinction made between junkyards and scrap metal recycling and pursuant
to their evidence auto salvage and scrap metal recycling have been intertwined since
World War II to support the war effort. He stated the two uses did not exist without the
other. Mr. Lynne stated President Theodore Roosevelt issued an executive order that
mandated the recycling of metals for the war efforts. Thus, Mr. Lynne stated the
junkyard and scrap metal recycling have gone hand in hand since that time. Mr. Lynne
requested that the Commission grant the appeal.
Mayor McDuffie stated if anyone from the public would like to speak in
favor or in opposition of the appeal, to please come foxwaxd at this time.
Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane #2110, -Delray
Beach, FL 33444 (President of the Soard of Directors of Tierra Verde at Delray
Beach asked why was the applicant bothered and feels he should be reimbursed far his
legal fees.
There being no one else from the public who wished to address the
Commission regarding the consideration of an appeal, the public hearing was closed.
Mr. Dorling gave the following rebuttal:
Mr. Dorling stated the request was asked that he produce the records and
the applicant cannot because he did in fact only have a junkyard use and license for the
period discussed. Mr. Dorling stated when it was established as a separate use he was
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required to seek that appxoval to legally establish that use and he did not do that. Mr.
Dorling stated staff's decision was responding to that fact that if you want a legal non-
conforming use status you have to be legally established in the first place.
Mr. Lynne had no rebuttal or cross-examination.
Mrs. Gray stated she does not understand the difference between the scrap
and metal. Mr. Dorling stated the operator has operated the scrap metal or the recycling
portion of this along with his junkyard; he came in and brought a separate tenant which
had a separate business on that site. Mr. Dorling stated there were in fact two businesses
running on that site and this was brought to the attention of the Code Enforcement
generating the action against him.
Mr. Frankel asked if there have any complaints. Mr. Dorling stated he is
not aware of any complaints. Mr. Frankel stated the applicant has been in business for 30
years and at least he is recycling. Mr. Frankel stated if there were complaints from
neighbors or negative things going on he would be more in agreement with staff s
recommendation.
Mr. Carney concurred with comments expressed by Commissioner Gray
and Commissioner Frankel and stated he is not prepared to shut this business down.
Mr. Fetzer concurred with the rest of the Commission and stated he is in
favor of the appeal.
Mayor McDuffie stated the City looks for people to go out and work for
the City doing economic development studies and trying to bring businesses here. He
stated we do not want to throw impediments at our long established businesses who have
been here for 30 years plus. Mayor McDuffie stated he is not ready to shut this business
down and feels that we need to differentiate in the LDRs exactly what the difference is.
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 (approving the
appeal), seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr.
Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Carney -Yes; Mr. Fetzer -
Yes. Said motion passed with a 5 to 0 vote.
9.E. RE VEST FOR AN IN-LIEU OF PARKING
SPACEICHAMPAGNE WASHES INVESTMENTS, INC.: Consider a request from
Champagne Wishes Investments Inc. f
or the purchase of one (1) in-lieu of parking
space in the amount of $18,200.00 to accommodate an expansion of use. Champagne
Wishes Investments, Inc. is located at 900 East Atlantic Avenue, Unit 17. (Quasi-
Judicial Hearing)
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Chevelle D. Nubia, City Clexk, swore in those individuals who wished to
give testimony on this.
Mayor McDuffie asked the Commission to disclose their ex parte
communications. Mayor McDuffie, Mrs. Gray, Mr. Frankel, and Mr. Fetzer had no ex
parte communications to disclose. Mr. Carney stated he was a member of the CRA
Board at the time this was approved.
Scott Aronson, Parking Management Specialist, stated Champagne
Wishes Investments, LLC has submitted a Class III site plan modification to construct a
250 square foot mezzanine area in unit #17 of the Waterway East Development located at
900 East Atlantic Avenue. Mr. Aronson stated LDR Section 4.4.13{G){1} requires the
provision of parking for changes or expansions of use and LDR Section 4.6.9{E}(3}
allows for the payment of a fee in-lieu of providing said parking spaces. The subject
property k5 located in Area 1 of the in-lieu program, in which the cost per space is
$18,200.00. As owner of the condominium unit the applicant is permitted to seek a
payment plan requiring 50% to be paid upon execution and remittance of the agreement
and two (2) subsequent payments of 25% on the second and third anniversaries of the
agreement. Staff supports the request.
The Parking Management Advisory Board {PMAB), Community
Redevelopment Agency (CRA}, and the Site Plan Review and Appearance Board
{SPRAB) at their respective meetings recommended approval of the applicant's request.
Jerexny Martin, 1.381. S.W. 13t" Place, Boca Raton, FL 33486 (owner of
the unit stated his wife is Dr. Stephanie Martin and operates Ocean Optics on Atlantic
Avenue and this space is where they are moving her practice to. Mr. Martin stated the
space they are adding upstairs is for staff and private use {break room and restxoom).
Mayor McDuffie stated if anyone from the public would like to speak in
favor or in apposition of the request for an in-lieu of parking space, to please come
forward at this time. There being no one else from the public who wished to address the
Commission, the public hearing was closed.
There was no cross-examination or rebuttal.
The City Attorney briefly reviewed the Board Order with the Commission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
Mrs. Gray moved to adopt the Board Order as presented, seconded by Mr.
Frankel Upon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor
McDuffie -Yes; Mr. Carney ---- Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion
passed with a 5 to 0 vote.
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9.F. WAIVER REQUESTITHE BACK ROOM: Consider a request to
waive Land Development Regulations (LDR) Section 4.3.3{V){3)(a), "Prohibition by
Proximity (Schools and Churches}", to allow the establishment of a stand-alone bar in a
building within 300' of a school for The Back Room located at 2222 W. Atlantic Avenue.
(Quasi-Judicial Hearing)
Chevclle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this.
Mayor McDuffie asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose.
Paul Dorling, A1CP, Director of Planning and Zoning, entered the
Planning and Zoning project file #2011-107 into the record.
Mr. Dorling stated this is request to establish a standalone bar within a
building located less than 300 feet from a school. The subject property is located on
south side of West Atlantic Avenue approximately 140 feet west of Congress Avenue.
Mr. Dorling stated LDR Section 4.3.3(V)(3) prohibits alcoholic beverages shall not be
sold at any establishment which is located within 300 feet of an established church or
school. He stated this 300 foot distance is measured from the nearest point of the
building to the nearest point of the school grounds. Mr. Dorling stated under this
definition the building (not specific bay) is within 293 feet of the ball field facility at
Atlantic High School. The actual bar is located further than 300 feet but because the way
the Code is written it has to seek this waiver.
Mike Bilton, Annlicant. 1211 Coastal Bav Boulevard, Bovnton Beach.
FL 33435, stated they are technically measuring from an outparcel of the center which
has a different ownership from the shopping center itself Mr. Bilton stated that
measurement of 293 feet is a different entity that they are measuring to and is owned by a
different owner than Congress Square. He stated they are much further back than that
and if take the actual entity it exceeds the 340 feet. Mr. Bilton stated the measurement is
being taken from the property line of Atlantic High School.
Mayor McDuffie stated if anyone from the public would like to speak in
favor or in opposition of the waiver request, to please come forward at this time. There
being no one from the public who wished to address the Commission regarding the
waiver request, the public hearing was closed.
There was no cross-examination or rebuttal.
The City Attorney briefly reviewed the Board Order with the Commission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes}.
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Mr. Carney moved to adopt the Board Order as presented, seconded by
Mrs. Gray. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes;
Mr. Carney -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes. Said motion
passed with a S to 0 vote.
9.G. CONTRACT AWARDIAMERISTAR PARING SOLUTIONS:
Consider approval of a contract award to Ameristar Parking Solutions in the amount of
$87,913.80 for management of the parking facilities. Funding is available from 001-
3151-S4S-34.90 (General Fund: Operation Expenses - Misc/Other Contractual Services).
Scott Aronson, Parking Management Specialist, stated this is for the
management of the two parking garages; Federspiel and Old School Square Garage
currently being managed by Accurate Parking Services (f/kla Parking Pros). Mr.
Aronson stated staff went out to bid for another parking company to provide those
services. Of the eight respondents, staff agreed Ameristar was the most qualified bidder
in spite of not being the lowest quoted price. Amexistar Parking Solutions has provided
services in the City for several years as Boca Parking Systems at one point running a
majority of the valet queues in the City. Additionally, they have proven to provide
excellent service while being honest and dependable. The difference in price between the
lowest bid and Ameristar is $3,447.52 which equals approximately 4% of the contract
value and less than 2% of revenue generated in the garage last year.
Mrs. Gray stated although she agrees with the recommendation she
believes there is a first far everyone and does not feel we should eliminate people
because they do not have a first experience. Mr. Aronson stated staff checked references
on the other two companies and although they were good they were not outstanding.
Mr. Frankel stated he is guessing that accurate is the same as accurate
investigating service on the bid tabulation and asked if they raised their request on what
they wanted. Mr. Aronson stated on Accurate Parking Services submittal they showed on
their justification that they charge a premium rate far holidays and their calculation of
their base rate is what is shown as the bid price. However, Mr. Aronson stated we have
eight scheduled holidays and they would be getting cut in half for those. Mr. Frankel
comrrzented then this would be a savings. Mr. Aronson stated it is excess of that actual
numbex on the base line.
Mr. Frankel moved to approve the Contract Award to Ameristar Parking
Solutions in the amount of $87,913.80 far management of the parking facilities, seconded
by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Carney ---Yes; Mr.
Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes. Said motion
passed with a S to 0 vote.
9.H. BID AWARD/VILA AND SONS LANDSCAPING CORPORATION:
Consider approval of a bid award to Vila and Sons Landscaping Corporation, third lowest
bidder, in the estimated annual amount of $37,847.44 for landscape maintenance of
Stormwater Retention Areas. Funding is available from 448-5416-538-34.90 (Stoxznwater
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Utility Fund: Other OperatinglOther Contractual Service).
Richard Hasko, Director of Environmental Services, stated this is a request
by staff to award stormwater retention area landscape maintenance to Vila and Sons
Landscaping Corporation (third lowest bidder) of the thirteen (13} contractors that
submitted bids. Mr. Hasko stated the reason staff recommends #3 was because when
staff investigated the staff and facilities of the low bidder Tare Landscaping they had
some serious concerns about the abilities of that firm to handle the scale and magnitude
of work that was in the scope with the limited numbers of employees and equipment that
they had. He stated the second bidder had this contract with the City before and there
was a series of documented issues with that firm in terms of communications with the
City letting staff know when they were going to be doing things sa that they could verify
the work was done and providing appropriate documentation with invoicing. Mr. Hasko
stated based an those issues that staff had with that bidder they did not feel comfortable
with re-awarding them the project. Therefore, Mr. Hasko stated staff recommends the
award to the third bidder Vila and Sons Landscaping Corporation for $37,847.44.
Mx. Frankel moved to approve the bid award to Vila and Sons
Landscaping Corporation (third lowest bidder} in the amount of $37,847.44, seconded by
Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr.
Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Carney -Yes. Said
motion passed with a 5 to 0 vote.
4.I. BID AWARD: MULTIPLE VENDURS/AUTOMOTIVE
PARTS: Consider approval of multiple bid awards in the estimated amount of
$103,202.43 for the purchase of automotive parts stocked in the Purchasing Warehouse.
Same awards are to second and third low bidders. Funding is available from 501-3311-
591-52.50 (Garage Fund: Operating SupplieslExternal Parts).
Richard Hasko, Director of Environmental Services, stated this issue
involves some problems with the line item bids and deal mostly with the line items that
were specified for OEM parts for no substitution from original equipment parts which
were primarily were geared toward emergency response vehicles for Police & Fire. Mr.
Hasko stated the Iow bids on many of those items were specifying non-original
equipment parts. Therefore, Mr. Hasko stated staff did not want to recommend awarding
the bid to them. Mr. Hasko stated there were a couple of other line items where the low
bidders were specifying parts and materials that staff from experience felt were
substandard towards specifications and there were a couple of areas where staff had
settled on a couple of standardized types of brands of oil filters which they have had good
success with. Mr. Hasko stated that helps staff with the efficiency in terms of the level of
inventory that the City keeps on those items. Mr. Hasko stated those were the reasons for
this list of line items that staff is not recommending award to the low bidders on those
line items.
Mr. Fetzer moved to approve multiple bid awards for the purchase of
automotive parts in the aznaunt of $103,202.43, seconded by Mrs. Gray. Upon roll call
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the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor
McDuffie -Yes; Mr. Carney -Yes; Mr. Fetzer -- Yes. Said motion passed with a 5 to 0
vote.
4.J. APPOINTMENT OF OUTSIDE COUNSEL FOR RICHARD
WEINSTEIN, PERSONAL__REP_RESENTATIVE OF_THE ESTATE OF JASON
WEINSTEIN, DECEASED v. CITY OF DELRAY BEACH: Consider approval to
appoint Fred Gelston, P.A. as outside counsel in the case of Richard Weinstein, as
Personal Representative of the Estate of Jason Weinstein, Deceased v. City of Delray
Beach at the rate of $140.00 per hour.
The City Attorney stated this is a wrongful death lawsuit against the City
of Delray Beach and staff recommends appointing Fred Gelston as outside counsel to co-
counsel the case along with the City Attorney's office.
Mr. Carney moved to appoint Fred Gelston, P.A. as outside counsel in the
case of Richard Weinstein, as Personal Representative of the Estate of Jason Weinstein,
Deceased v. City of Delray Beach, seconded by Mrs. Gray. Upon roll call the
Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Carney -
Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote.
9.K. REJECTION OF ALL BIDSIFLEET TIRE BAY ROOF: Consider a
request to reject all bids and re-advertise Bid #2011-08 for re-roofing the Fleet Tire Bay.
Richard Hasko, Director of Environmental Services, stated the issue with
this particular bid stems from the bid time that was foreshortened by staff because there
was no particular sense of urgency about implementing the project. Mr. Hasko stated
because it was a fairly straight forward project staff felt there would not be an issue with
a short bid time. Mr. Hasko stated five (5) roofing contractors that attended the
mandatory pre-bid meeting and out of those five (5} staff only received one {1) response
from Tim Graboski Roof ng in the amount of $29,010.00. Mr. Hasko stated under those
circumstances staff felt it was appropriate to reject the bid that the City received and re-
advertise for the typical 30 day bid period.
Mr. Carney moved to reject the bid received and re-advertise the Fleet
Tire Bay re-roofimg project, seconded by Mrs. Gray. Upon roll call the Commission
voted as follows: Mayor McDuffie -Yes; Mr. Carney -Yes; Mr. Fetzer -Yes; Mr.
Frankel -Yes; Mrs. Gray -Yes. Said motion passed with a 5 to 0 vote.
9.L. APPOINTMENT OF COMMUNITY REDEVELOPMENT
AGENCY VICE CHAIR: Appoint a Vice Chair for the Community Redevelopment
Agency.
Mr. Carney moved to appoint Peter Arts as Vice Chair for the Com:cnunity
Redevelopment Agency, seconded by Mrs. Gray. Upon roll call the Commission voted
as follows: Mr. Carney -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes;
Mayor McDuffie ~-Yes. Said motion passed with a 5 to 0 vote.
34
04/05/11
9.M. APPOINTMENT TO THE COMMUNITY REDEVELOPMENT
AGENCY: Appoint one (1}regular member to the Community Redevelopment Agency
(CRA) to serve an unexpired term ending July 1, 2011. Based upon the rotation system,
the appointment will be made by Commissioner Frankel (Seat #3).
Mr. Frankel moved to appoint Brian Cheslack as a regular member to the
Community Redevelopment Agency (CRA) to serve an unexpired term ending July 1,
2011, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr.
Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Carney -
Yes. Said motion passed with a 5 to 0 vote.
9.N. APPOINTMENT TO THE CODE ENFORCEMENT
BOARD: Appoint one (1} alternate member to the Code Enforcement Board to serve an
unexpired term ending January 14, 2013. Based upon the rotation system, the
appointments will be made by Mayor McDuffie (Seat #5}.
Mayor McDuffie stated he wished to appoint Jason Dollard as an alternate
member to the Code Enforcement Board to serve an unexpired term ending January 14,
2013. Mr. Frankel so moved, seconded by Mrs. Gray. Upon roll call the Commission
voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr.
Carney -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote.
9.0. APPOINTMENT TO THE GREEN IMPLEMENTATION
ADVANCEMENT BOARD: Appoint two (2) regular members to the Green
Implementation Advancement Board to serve unexpired terms ending July 31, 2011.
Based upon the rotation system, the appointments will be made by Commissioner Gray
(Seat #4) and Mayor McDuffie (Seat #5).
Mrs. Gray moved to appoint Stephanie (Chloe} Bedenbaugh as a regular
member to the Green Implementation Advancement Board to serve unexpired terms
ending July 31, 2011, seconded by Mr. Frankel. Upon roll call the Commission voted as
follows: Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Carney -Yes; Mr. Fetzer -Yes;
Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote.
Mayor McDuffie stated he would like to defer his appointment to the next
regular meeting of April 21, 2011.
9.P. APPOINTMENT TO THE CIVIL SERVICE BOARD: Appoint one
(1) regular member to the Civii Service Board to serve a two (2) year term ending April
1, 2013. Based upon the rotation system, the appointment will be made by Commissioner
Fetzer (Seat #2}.
Mr. Fetzer moved to appoint Larry Zalkin as a regular member to the Civil
Service Board to serve a two (2) year term ending April 1, 2013, seconded by Mrs. Gray.
Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Carney -
Yes; Mr. Fetzer ----Yes; Mr. Frankel -Yes; Mrs. Gray -Yes. Said motion passed with a 5
35
04/05/11
to 0 vote.
APPOINTMENT TO THE FINANCIAL REVIEW
BOARD: Appoint two (2) regular members to the Financial Review Board to serve
unexpired terms ending July 31, 2011 and one (1) alternate member to serve an unexpired
term ending July 31, 2011. Based upon the rotation system, the appointments will be
made by Commissioner Gray (Seat #4}, Commissioner Fetzer (Seat #2) and
Commissioner Frankel (Seat #3).
Mrs. Gray moved to appoint John Hallahan as a regular member to the
Financial Review Board to serve an unexpired term ending July 31, 2011, seconded by
Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Carney -Yes; Mr.
Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie--Yes. Said motion
passed with a 5 to 0 vote.
Mr. Fetzer moved to appoint 3eff Ritter as a regular member to the
Financial Review Board to serve an unexpired term ending July 31, 2011, seconded by
Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr.
Frankel -Yes; Mrs. Gray -Yes; Mayor McDuff e -Yes; Mr. Carney -Yes. Said
motion passed with a 5 to 0 vote.
Mr. Frankel moved to appoint Alexander Simon as an alternate member to
the serve an unexpired term ending July 31, 2011, seconded by Mrs. Gray. Upon roll call
the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -- Yes; Mayor
McDuffie -Yes; Mr. Carney -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0
vote.
9.R. 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 Frankel (Seat #3}.
Mr. Frankel moved to appoint Brian Rosen one (1) Citizen~at-Large
Representative to the Parking Management Advisory Board to serve an unexpired term
ending July 31, 2011, seconded by Mxs. Gray. Upon roll call the Commission voted as
follows: Mrs. Gray -Yes; Mayox McDuffie -Yes; Mr. Carney -Yes; Mr. Fetzer --- Yes;
Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote.
9.5. APPOINTMENT TO THE POLICE AND FIREFIGHTERS
RETIREMENT SYSTEM BOARD OF TRUSTEES: Appoint one (1) regular member
to the Police and Firefighters Retirement System Board of Trustees for a two (2) year
term ending April 22, 2013. Based upon the rotation system, the appointment will be
made by Mayor McDuffie (Seat #5).
36
04/05/11
Mayor McDuflie stated he would like to defer his appointment to the
Police and Firefighters Retirement System Board of Trustees to the next regular meeting
of Apri12l, 2011.
At this point, the time being 9:34 p.xn., the Commission moved to Item
12, First Readings.
12. FIRST READINGS:
12.A. ORDINANCE NO. 13-11: Consider acity-initiated amendment to the
Land Development Regulations (LDRs) Section 4.6.9{E}(3), "In-Lieu Fee", modifying
the in-lieu fee assessed within the Pineapple Grove Main Street {expansion) Area. If
passed, a public hearing will be passed on April 2I, 2011.
The caption of Ordinance No. 13-11 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY
BEACH, FLORIDA, BY AMENDING ARTICLE 4.6,
"SUPPLEMENTAL DISTRICT REGULATIONS";
AMENDING SECTION 4.69(E)(3}, "IN-LIEU FEE",
BY REPEALING THE "IN-LIEU FEE DISTRICTS"
- MAP ATTACHED AT SUBSECTION 4.6.9(E)(3)(6}
AND ENACTING A NEW "IN LIEU FEE
DISTRICTS" MAP IN ORDER TO EXPAND THE
PINEAPPLE GROVE MAIN STREET AREA;
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 13-11 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance.
Paul Dorling, AICP, Director of Planning and Zoning, stated this is to
modify the in-lieu fee assessed within the Pineapple Grove Main Street expansion area.
The in-lieu fee is allowed within the Central Business District (CBD}, Central Business
District-Railroad Corridor (CBD-RC), and OId School Square Histoxic Arts District
(OSSHAD) Zoning Districts and affords property owns the ability to develop or re-
develop their properties even if it was impossible or in appropriate to provide the required
number of on-site or off-site parking spaces. On June 15, 2010, the City Commission
approved a request from the Pineapple Grove Main Street Board of Directors to modify
the Pineapple Grove Main Street Neighborhood Pian Area to include the neighborhood
east of the FEC Railroad. An in-lieu fee of $15,600.00 is assessed for each parking space
located within Area #2 while $7,800.00 is assessed for Area #3. Mr. Dorling stated the
37
04/05/11
in-lieu fee for the Pineapple Grove Main Street Area was instituted to provide additional
incentives necessary to encourage redevelopment and it is appropriate to extend those
benefits to this expanded area. Staff recommends approval.
At its meeting of March 21, 2011, the Planning and Zoning Board voted 6
to 0 to recommend approval; at its meeting of March 14, 2011, the Downtown
Development Authority recommended approval; at its meeting of March 10, 2011 the
Community Redevelopment Agency recoznrnended approval; and, at its meeting of
March 22, 2011, the Parking Management Advisory Board reviewed the proposed LDR
amendment and recommended approval. Mr. Dorling stated staff recommends approval.
Mr. Frankel moved to approve Ordinance No. 13-11 on FIRST Reading,
seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayan
McDuffie -- Yes; Mr. Carney -Yes; Mr. Fetzer - Yes; Mr. Frankel -Yes; Mrs. Gray --
Yes. Said motion passed with a 5 to 0 vote.
12.5. ORDINANCE NO. 14-11: Consider achy-initiated amendment to the
Land Development Regulations (LDRs) Section 7.9.11, "Boatlifts", to clarify setback
requirements. If passed, a public hearing will be held on April 21, 2011.
office.)
The caption of Ordinance No. 14-11 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 ARTICLE 7.9, "DOCKS,
DOLPHINS, FINGER PIERS, AND BOAT LIFTS",
BY AMENDING SECTION 7.9.11, "STANDARDS
FOR APPROVAL"; TO CLARIFY CURRENT
LANGUAGE REGARDING BOAT LIFTS;
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The off cial copy of Ordinance No. 14-11 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 the current
language states that the boat lift cannot extend any closer than either 10 feet from the
adjacent property line or closer than the building side setback, whichever is greater. Mr.
Dorling stated this is to assure that any vessel utilizing the boat lift would not impact
adjacent properties. If the current language is interpreted to mean the lift itself, it is
possible that a boat lift meeting the 10 foot side setback with a larger vessel centered on
the lift would result in the vessel encroaching over the property line. This setback
regulation was meant to apply to the vessel itself when it is in its raised position, and not
to the actual boat lift apparatus as currently stated. The amendment will clarify the
38
a4ros~11
regulation to reflect this intent.
At its meeting of March 21, 2011, the Planning and Zoning Board
recommended approval with a 5 to 1 vote. Mr. Dorling stated staff recoxnznends
approval.
Mr. Fetzer moved to approve Ordinance No. 14-11 on FIRST Reading,
seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Carney -
Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuff e -Yes.
Said motion passed with a 5 to 0 vote.
12.C. ORDINANCE NO. 15-ll: Consider amending Chapter 33, "Police and
Fire-Rescue Departments"; amending Section 33.62, "Benefit Amounts and Eligibility",
Subsection (E}, "Disability Retirement Provisions", Sub-Subsection (5}, "Disability
Retirement Benefits", to increase the minimum service incurred disability benefit for
firefighters; and amending Section 33.64, "Contributions", Subsection (A), "Member
Contributions", to increase member contributions for firefighters. If passed, a public
hearing will be held on April 21, 2011.
The caption of Ordinance No. 15-11 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 33, "POLICE AND FIRE-
. RESCUE DEPARTMENTS"; AMENDING SECTION
_33.62, "BENEFIT AMOUNTS AND ELIGIBILITY",
SUBSECTION (E), "DISABILITY RETIREMENT
PROVISIONS", SUB-SUBSECTION (5}, "DISABILITY
RETIREMENT BENEFITS", TO INCREASE THE
MINIMUM SERVICE INCURRED DISABILITY
BENEFIT FOR FIREFIGHTERS; AMENDING
SECTION 33.64, "CONTRIBUTIONS", SUBSECTION
(A}, "MEMBER CONTRIBUTIONS", TO INCREASE
MEMBER CONTRIBUTIONS FOR FIREFIGHTERS;
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. IS-11 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance and stated recently
ratified the Collective Bargaining Agreement between the City and the IAFF and based
on that ratification two changes need to be made in the ordinance to provide for the
increased member contribution from 3% to 6% and also to increase the minimum service
incurred disability benefit from 60% to 61 %. The City Attorney stated in the ordinance
Section 33.62(b) the effective date of the ordinance should read April 21, 2011 if it
passed tonight and under Section 33.64(2} April 19, 2011 should be changed to April 21,
39
04/05/11
2011.
Mrs. Gray moved to approve Ordinance No. 15-11 on FIRST Reading,
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. Carney -Yes.
Said motion passed with a 5 to 0 vote.
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A. City Manager
The City Manager stated he sent the Commission information today about
the proposal to charge the city for the lnspector General in the current fiscal year. The
City Manager stated he was asked to come to the Cozn.mittee Meeting tomorrow
afternoon held in the Governmental Center at 1:00 p.m. to speak to that issue and take
public comments at the beginning of the meeting.
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 commented about the Inspector General emails and stated as he
understands it correctly there is an additional $40,000.00 unbudgeted impact to the City.
Mr. Fetzer stated he does not believe the residents knew the cost impact of the way this
was going to be handled once it was approved and feels the City needs to consider any
legal recourse that we can to get this right.
Secondly, Mr. Fetzer stated he enjoyed the Grand Opening of the first Bed
and Breakfast, the Hartman House.
Lastly, he stated there was a sizeable annexation in Gulf Stream and feels
it could have some long range impact. Mr. Fetzer stated the contract is not up for
renewal and asked what the City's options are. The City Manager stated he will discuss
the options with the City Attorney and stated a 34 unit condominium was to be built there
and the City will receive the estimated permit fee revenue which is approximately
$320,000.00 this year. Mr. Fetzer stated the initial annexation was 16 acres but there is
an additional track that they are also considering. Mr. Fetzer asked the City Manager to
keep the Commission posted on this.
13.0.2. Mr. Carney
Mr. Carney stated it is very nice to work with an active and cohesive
board and is looking forward to this in the future.
40
04/05/11
Secondly, Mr. Carney expressed concern over the annexation issue and he
would like to take a look at this issue.
Mr. Carney expressed concern over the ethics issues and the new Inspector
General. He stated the cost to the citizens is a concern and the City needs to stay on top
of this issue.
Lastly, Mr. Carney requested that any ex parte documents are stamped
"EX PARTE" so it is clear that it is not part of the Commission book.
13.C.3. Mrs. Gray
Mrs. Gray concurs with comments expressed by the Commission
regarding the Inspector General.
Secondly, Mrs. -Gray stated she attended the All People's Day Event and it
was a great event.
Mrs. Gray concurs with Commissioner Carney that the Commission is
working together and stated she hopes the Commission remains focused on what they
have planned and what their goals are.
Mrs. Gray thanked Lula Butler and the Community Improvement
Department for their hard work with "The Curb Appeal by the Block". She stated the
volunteers did a great job and seven homes were painted and plants were planted.
Lastly, Mrs. Gray stated with so many events and things that the
Commission has going on it is impossible to make everything. Mrs. Gray asked if there
is a way to make it clear to citizens and/or the Chamber that if they expect the entire
Commission to be present and only one Commissioner: attends an event that the one
Commissioner actually represents the entire Commission. ', ;
13.C.4. Mr. Frankel
Mr. Frankel stated he spoke with the City Attorney about the City having
rules and procedures for the Workshop Meetings and the City has time limits for quasi-
judicial hearings and requirements that the Commission gets information given to them.
Mr. Frankel suggested that the Commission discuss this during the Workshop Meeting
next week and that the Commission come up with some general rules. Mr. Frankel also
requested that the Commission be provided with the Agenda Prep Meeting Agendas on
Mondays after the Agenda Prep Meetings.
Secondly, Mr. Frankel stated he attended the Young Professionals of
Delray Event that was led by the Chamber of Commerce and it was one of the better
attended Chamber events that he has been to. Mr. Frankel stated he and Greg Weiss will
be guest bartenders for charity.
41
04/05/11
Lastly, Mr. Frankel congratulated the Creative City Collaboxative (CCC)
for the jazz event held over the weekend and stated it was well done.
]3.C.5. Mayor McDuffie
Mayor McDuffie stated the Goal Setting session was very positive.
Secondly, Mayor McDuffie stated he attended the TD Bank Grand
Opening and the marketing was outstanding.
Mayor McDuffie echoed comments expressed by Commissioner Frankel
regarding the CCC jazz event and stated it was awesome.
Lastly, Mayor McDuffie stated Mark Baron is having one-on-one
meetings with the Commission regarding tennis.
There being no further business, Mayor McDuffie declared the meeting
adjourned at 9:56 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 Regulax City Commission Meeting held
on April 5, 2011, which Minutes were formally approved and adopted by the City
Commission on
City Clerk
42
04/05/11
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.
43
04/05/11
IN THE GITY COMMISSION
CHAMBERS Of= THE CITY OF
DELRAY BEACH, FLORIDA
WAIVER REQUEST RELATING TO THE MINIMUM
DRIVEWAY WIDTH REQUESTED BY GERMAN AUTO WORLD
ORDER OF THE CITY COMMISSION
OF THE CITY OF C)ELRAY BEACH, FLORIDA
1. This waiver request to reduce the minimum driveway width from 24 feet to
20 feet and 6 inches has came before the City Commission on April 5, 2011.
2. The Applicant and City staff presented documentary evidence and
testimony fo the City Commission pertaining to the waiver request from minimum
driveway width. All of the evidence is a part of the record in this case. Required
findings are made in accordance with Subsection I.
WAIVER TO M[NIMUM DR[VEWAY W[DTH.
LDR Section 0.1.2{C}(3}(a} provides that the paint of access to a street or alley
shall be a minimum of 24 feet far a normal two-way private street or parking [ot
driveway aisle. The proposed driveway adjacent to West Atlantic Avenue is 20
feet 6 inches wide.
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 meet all the requirements of 2.4.7(B~(5)7
Yes / No
City Commission Meeting an April 5, 2011; Item 9.A.
3. The City Commission has applied the Comprehensive Pian and LDR
requirements in existence at the time the original deveiaprnent application was
submitted and finds that its determinations set forth in this order are consistent with the
Comprehensive Plan.
4. -The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, tesfiirnony of experts and other
competent witnesses supporting these findings.
5. Based on the entire record before it, the City~Commission approves /
denies the waiver request to LDR Section 6.1.2{C}{3}{a),
6. Based on the entire record before it, the City Commission hereby adapts
this Order this 5th day of April, 2011, by a vote o~~~^ in favor opposed.
ATTEST: ~ Nelson's. McDuff'ie, Ma r
~• }
Chevelle Nubin, City Clerk
i
1
2
City Cornrnission Meeting prt April 5, 2{l9 i; Item 9.A.
'%S
[N THE CITY COMMISSION
CHAMBERS 01= THE CITY OF
DELRAY BEACH, FLORIDA
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
VItA1VERS REQUESTED BY ATLANTIC t3CEAN CLUB
1. These waiver requests came before the City Commission on April 5, 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
Atlantic Ocean Club. All of the evidence is part of the record in this case_
~. ~IVai~ers: 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 af[ect 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. Structured AI[owed in Setbacks:
Pursuant to LDR Section 4.3.4(H){4), there are a variety of structures that are
allowed within setbacks and the statue and concrete base are not listed as one of these
structures that is allowed within the setback. Per LDR Section 4.4.13(F)(4)(a)(2), the
required setback along the east side of the building is 5 feel. The statue and concrete
base encroach into this required setback.
The Applicant has submitted the following verbatim narrative in support of the
waiver:
"...Some poinfs far the Board and Commission to consider in this request
include,-
1) The sculpture and pedestal are in a well planted landscape island.
2) The sculpture and pedestal to not block any path raf travel.
3) The sculpture and pedestal are not an impediment to vehicular
travel or site visibility triangles.
City Commission Meeting on April 5, 209'!; Item 9.8.
4~ Sculpfures have been placed throughouf fhs city to improve the
quality of life of the residents.
5) The sculpture follows with the theme of fhe upstairs resfauranf (fhe
Buddha Sky Bar), which will feature a menu that is Asian cuisine and fhe space
has stylistic elements of the Orient in ifs design.
fi) The allowance of a piece of sculpture and supporting pedesfal does
not resulf in the granting of a special privilege, in that the same waiver could be
granted under similar circumstances on other properties, and are abundant
throughout fhe eify..."
Should the waiver be granted for fhe statue and concrete base to encroach
into the side street setback ar~d met fihe requirement of 2.4,7{i3){5)?
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.
S. '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 Phis Order.
7.Based on the entire record before it, the Ciijr Commission approves ~
denit~s the waiver requests and hereby adapts this Order this 5th da f April
20111, by a vote of 5 in favor and 0 ppose ~ u`~,
ATTEST:
~.
Chevelle Nubin
City Clerk
Nelson ~. McDuffie, Mayor
2 City Commission Meeting on Apri15, 2099; Item 9.i3.
IN THE CITY COMMISSION
CHAMBERS OF THE GITY OF
DEL.RAY BEACH, FLORIDA
ORDER OF THE CITY COMMIS510N
OF THE CITY OF DELRAY BEACH, FLORIDA
1. This appeal of the February 17, 2011 Administrative Interpretation by the
Director of Planning and Zoning wherein he determined that "scrap metal recycling" use
was not a specific use that was legally established an the site and therefore did not
enjoy legal nonconforming (grandfathered) status in the Mixed Industrial Commercial
{M1C} Zoning District (or the former Medium Industrial (Ml) or Light Industrial (Ll) Zoning
Districts as they were referenced in 197 and 1984, respectively) has come before the
City Commission on April 5, 2011.
2. The Appellant, "Anything and Everything Auto", and Appellee, through Gity
staff, presented documentary evidence and testimony to the City Commission pertaining
to the appeal of the Director's interpretation deterrriining that the "scrap metal recycling"
was not legally established on the site and therefore will not enjoy legal nonconforming
status. All of the evidence is part of the record in this case. Required findings are made
in accordance with Subsection I.
I. LQR REQUIREMENTS
A. Pursuant to LDR Section 1.3,3, Nonconforming_Uses of Land, ar,,Land
w_ itl~_Minar Str~rctures OnEy:
Where lawful use of the land existed nn September 1, 199Q, that would not now
be allowed and where the use involves no individual structures with a
replacement cast exceeding $1,000, the use may be continued, subject to the
fallowing provisions:
{A) A nonconforming use shall not be enlarged, increased, nor
extended to occupy a greater area of land than was occupied at the effective
date of this chapter.
~B~ A nonconfomning use shall not be moved in whole or in part to any
portion of the Iot nr parcel, other than that occupied by such use on September 1,
1990.
i
City Commission Meeting on April 5, 209't; Item 9.D.
{C) If any nonconforming use of land only, ceases for any reason far a
continuous period of 30 days, every subsequent use of the land shall conform to
the requirements specified #or the zoning district in which the land is located.
(D} No additional structures shall be erected unless they conform to the
requirements of the zoning district in which the land is located.
The Applicant has provided a chronology {History of Zoning) which indicates that
in 1977 junk yards (automobile parts and facilities and yards} was listed in the MI
District as a permitted use. This use was established under this junk yard use
category. When the properly was rezoned from MI to Li in 1984, the junk yard
use was not a listed use but was allowed to continue as a nonconforming use.
However, the scrap metal recycling use was fisted in the LI District (not the MI
District) at that time. iNhen the properly was rezoned to 1_l, the separate use
could have been added to the site if the use was requested and approved. Na
such records of application or approval has been found.
Vllas the Director's interpretation that the use category of "scrap metal
recycling" was not a specific use that was legally established on the site
and tFerefare does not enjoy legal nonconforming status correct?
Yes No /
3. The City Commission has applied the 1_DR requirements in existence at
the time the original request was submitted.
4. 'The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submifted and adopts the facts contained
in the record including but .oat limited to the stafF reports, testimony of experts and other
competent witnesses supporting these findings.
5. Based an the entire record before it, the Gity Commission approves ~
denies the appeal and hereby adopts this Order this 5th day of Ap ' 2091, by a
vote of 5 ~ in favor and 0 apposed. r.._~,,, ~
ATTEST:
~~• 1~
Chevelle Nubin
City Glerk
Nelson S. McDufFie, M
2
City Commission Mooting on April 5, 2011; IEem 9.D.
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEAGH, FLORIDA
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEAGH, FLORIDA
IN LIEU PARKING FEE REQUEST FOR
CHAMPAGNE WI5HES INVESTIVIENTS, LLC
'[. This in lieu parking fee request for the purchase of 1 parking space in-lieu
has come before the City Gommission on April 5, 201'1.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Gommission pertaining to the in lieu parking fee request for
Champagne Wishes Investments, LLC. All of the evidence is a part of the record in this
case, Required findings are made in accordance with Subsection !.
1. IN LIEU PARKING FEE:
Pursuant to LDR 5ectian 4.6.9(E)(3}, when additional parking is required due to
expansions of use to an existing building and it is impossible or inappropriate to provide
such parking the Gity Commission may approve the payment of 2tn in lieu fee rather
than provide the required parking. In the case of expansions of use, no existing parking
spaces may be eliminated.
Does the In Lieu Parking Fee request for the purchase of 1 parking space
In-lieu meet the requirements of LDR Section ~.6.9(E)(3~ 2tnd the conditions, if
any, listed below?
Af 18 200 er s ace totalin 18 2(30,Op. Pa ment is due 5U% u on
execution of the Agreement. 25%_ on the 2nd anniversary.,and 25°I° on the
3rd anniversary of the Agreement.
Yes /
No
3. The City Gommission hereby finds that fihe In Lieu Parking Fee Request
meets the requirements of 4.6.3(E}(3} of the Land Development Regulations, with the
conditions listed above, if any, and the Gity Commission has applied the
City Commission Meeting on April 5, 20~ 1; Item 9.E.
Comprehensive Plan and finds that its determinations set forth in this Order are
consistent with the Comprehensive Plan and Land Development Regulations.
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 buff 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 in lieu parking fee request as set forth above.
6. °Based on the entire record before it, the City Commission reby adopts
this Order this 5th day of April, 201 ~ , by a vote f 5 in favor 0 apposed.
ATTEST: ,~ `~~, ~~~~
.. ~tk~~-~.~;
Chevelle Nubin, City Clerk
Nelsan S. McDuffie,
2
City Commission Meeting on April 5, 2D7'i; Item 9.E.
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
WAIVER REQUESTED BY THE BACK ROOM
1. This waiver request came before the City Commission on April 5, 2019 .
2. The City staff, applicant, and other persons have presented documentary
evidence and testimony to the City Commission pertaining to the waiver requested by
Back Room. All of the evidence is part of the record in this case.
3. Waiver: 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. Uses lnvo[ving Alcoholic Beverages: Pursuant to LDR Section
4.3.3(V},
Prohibition b Proximit Schools and Churches : Alcoholic
beverages shall not be sold at any establishment which is located within 300 feet of an
established school or church.
(a} With respect #o schools, the 300' distance shall be measured from
the nearest point of the building of the place of business, location, or establishment to
the nearest point of the school grounds in use as a part of the school facilities.
Under this definition, the building {not the specific bay) is within 293' of the ball
field facility at Atlantic High School. The actual distance between the proposed
establishment and the school grounds measure approximately 360'.
Should the waiver be granted to allow a reduction in the minimum 300'
distance requirement between uses involving alcoholic beverages and
schools?
Yes / No
City Commission Meeting on April 5, 2071; Item 9.1=.
5. The City Commission has applied the Comprehensive Plan and I_DR
requirements in existence afi the time the original site plan was submitted.
5. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and o#her
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 5th" day of April
20'I 1, by a vote of 5 in favor and 0 o pos d.
rte.. ~-< _ ~
ATTEST: ~ [~ '
Chevelle Nubin
City Clerk
Nelsari S. McDuffie, M
z
ity Gommissip .
~:-:. ~ _ ,, _ ~ ..~ ~ C r~ Meet+rig on-April.5, 20 j 1; Etem 9; F:- ;