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07-05-11 Regular City Commission MinutesJULY 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 ChaTnbers at City Hall at 6:00 p.rn., Tuesday, July 5, 2011. 1. Roll call showed: Present - Commissioner Tom. Cazx~ey Commissioner Adam Frankel Commissioner Angeleta E. Gray Mayor Nelson S. McDuffie Absent - Commissioner Fred Fetzer Also present were - David T. Harden, City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Reverend Michael McClure with West Park Baptist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mayor McDuffie requested that Item 9.D., Reconsideration of a Vote for A Community Redevelopment A~enc_y_ Board Appointment, be postponed to the regular meeting of July 19, 2011. Also, Mayor McDuffie requested that Item 9.G., A ointment to the Financial Review Board be postponed to the regular meeting of July 19, 2011. Mayor McDuffie stated with regard to Item 9.K., Appointments t©_the Nuisance Abatement Board Mr. Lee Cohen would like his name withdrawn from consideration. Mrs. Gray stated she does not want Item 9.G. pulled from the Agenda because this is the first time that someone's appointment has actually been asked to be reconsidered. Mr. Carney moved to approve the Agenda as amended with Item 9.D., Reconsideration of a Vote for A Community Redevelopment Agency Board Appointment remaining on the Agenda, seconded by Mr. Frankel. Upon roll call the Coxnxr3.ission voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie - Yes; Mr. Carney -Yes. Said motion passed with a 4 to 0 vote. 07/05/11 5. APPROVAL OF MINUTES: Mrs. Gray moved to approve the Minutes of the Regular Meeting of Tune 21, 2011, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Carney -Yes; Mr. Frankel -- Yes; Mrs. Gray -Yes. Said motion passed with a 4 to 0 vote. 6. PROCLAMATIONS: A. None 7. PRESENTATIONS: A. None 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. REQUEST FOR SIDEWALK DEFERRALIll4 N.W. 1Gfh STREET: Approve a request to defer the installation of a sidewalk along N.W. 16th Street and N.W. 2nd Avenue for the property located at 114 N.W. 16th Street. B.B. RESOLUTION NO. 26-11/ABANDONMENT OF SIDEWALK EASEMENT/HYATT PLACE: Approve Resolution No. 26-11 to abandon a 5'x 55' sidewalk easement located on the property at 115 N.E. 1st Street associated with Hyatt Place development. The caption of Resolution No. 26-11 is as follows: office.) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A SIDEWALK EASEMENT DEDICATED BY AN EASEMENT DEED RECORDED IN O.R.B. 213 S, PAGE 740, AS MORE FULLY DESCRIBED IN EXHIBIT "A". (The official copy of Resolution No. 26-11 is on file in the City Clerk's B.C. EASEMENT AGREEMENT/FLORIDA POWER & LIGHT/POMPEY PARK CONCESSION STAND PROJECT: Approve an easement agreement between the City and Florida Power & Light (FPL) regarding a pad mounted transformer and associated underground electrical utilities for the Pompey Park Concession Stand Project. 8.D. MINOR SUBDIVISION PLAT APPROVAL/HYATT PLACE: Approve a minor subdivision plat for 104 N.E. 2nd Avenue Plat (alk/a Hyatt Place] located on the north side of N.E. 1st Street, between Pineapple Grove Way and 2 07/05/2011 N.E. 1st Avenue. S.E. SUSTAINABLE COMMUNTTIES GRANT CONSORTIUM AGREEMENT; Approve a Consortium agreement to provide support to various agencies, organizations, governments and individuals to complete work on a Regional Sustainable Communities Initiative funded under a sustainability grant from US Department of Housing and Urban Development. S.F. DEVELOPER'S AGREEMENT/GRANITE WORTHING, LC: Approve a Developer`s Agreerr~ent with Granite Worthing, LC. in the amount of $12,535.00 for funding of the re-design of Worthing Park. 1. SERVICE AUTHORIZATION NO. 07-0511AECOM: Approve Service Authorization No. 07-05.1 with AECOM in the amount of $12,535.00 for funding of the re-design of Worthing Park; contingent upon approval of the Developer's Agreement. Funding is available from 117-X1133-572-68.19 (Recreation Impact Fee FD: Other Improvement/Worthing Park Improvement). 8.G. FINAL SUBDIVISION PLAT APPROVAL/FRANKLIN AT DELRAY BEACH: Approve the Final Subdivision Plat for Franklin at Delray Beach, located on the west side of Federal Highway, approximately 320 feet south of S.E. 10th Street and north of the Plaza at Delray. S.H. MODIFICATION #2 TO SUBGRANT AGREEMENT/NEIGHBORHOOD STABILIZATION PROGRAM: Approve Modification #2 to the Neighborhood Stabilization Program {NSP) Subgrant Agreement to extend the contract date to February 4, 2012, pursuant to direction from the Department of Community Affairs. S.I. FUNDING AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY CRA /ECONOMIC DEVELOPMENT DIRECTOR POSITION: Approve a Funding Agreement with the Community Redevelopment Agency {CRA) regarding the funding of the Economic Development Director position. S.J. INITIATION OF COMPREHENSIVE PLAN AMENDMENT 2011- 1: Formally initiate Comprehensive Plan amendment 2011-1 pursuant to Section 9.2.1 of the Land Development Regulations. S.K. AGREEMENTIEZLINKS GOLF, INC_. (MUNICIPAL GOLF COURSE AND LAKEVIEW GOLF COURSE: Approve an Agreement with EZLinks Golf, Inc. to provide the City with Point of Sale computer systems and other services for the Municipal Golf Course and Lakeview Golf Course. S.L. SUBDIVISION IMPROVEMENT AGREEMENT/KCMCL PINEAPPLE GROVE, LLC: Approve a Subdivision Improvement Agreement with 07/05/2011 KCMCL Pineapple Grove, LLC far the Hyatt Place at Pineapple Grove, to pay $7,500.00.00 of improvements to the intersection of N.E. 1st Avenue and N.E. 1st Street to the City. NT EB PETR I1 PANY, , ,__ _ _ + , ,,,INC.: Approve an Agreement with DEB Petroleum Company, Inc. for provision to the City of an emergency backup supply of diesel and unleaded fuel from the gas station at 380 W. Linton Boulevard as necessary during disaster response activities. 8.N. AGREEMENT/DEB PETROLEUM 2, INC.; Approve an Agreement with DEB Petroleum Company 2, Inc. for provision to the City of an emergency backup supply of diesel and unleaded fuel from the gas station at 2100 W. Linton Boulevard as necessary during disaster response activities. 8.0. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period June 22, 2011 through July 1, 2011. 8.P. AWARD OF BIDS AND CONTRACTS: 1. Contract award to All Phase Roofing and Construction in the amount of $16,922.00 for re-roofing of the Fleet Maintenance fire bay roof. Funding is available from 334-3351-591-46.10 (General Construction Fund: Repair & Maintenance Services/Building Maintenance). Mr. Frankel moved to approve the Consent Agenda, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Carney -Yes; Mr. Frankel - Yes; Mrs. Gray --- Yes; Mayor McDuffie -Yes. Said motion passed with a 4 to 0 vote. 9. REGULAR AGENDA: 9.A, CONDITIONAL USE REQUESTIMILAGRO CENTER: Consider a conditional use request for Milagro Center to allow the establishment of a child care center to operate within a portion of the existing 7,500 square foot clubhouse facility at the Village at Delray multiple family residential development located at 695 Auburn Avenue. (Quasi-Judicial Hearing) Mayor McDuffie read the City of Delray Beach procedures for aQuasi- Judicial Hearing for this item and all subsequent Quasi-Judicial items. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on Iterm 9.A. ar~d Item. 9.B. Mayor McDuffie asked the Commission to disclose their ex pane communications. Mr. Frankel stated he spoke to Cito Beguiristain, received a telephone call this afternoon from Attorney Michael Weiner, spoke with Brian Hinners, he has been 4 07/0512011 to the Grand Opening and has spoke to other people from the Auburn Group about this project. Mrs. Gray stated she received a telephone call from Attorney Michael Weiner, spoke to Brian Shutt, City Attorney, and was present at the Opening of the Milagro Center. Mayor McDuff e stated he received a telephone call from Attorney Michael Weiner, visited the site numerous times, attended a number of ribbon cuttings and events there, spoke with some of the Board members on the Milagro Center, and has spoke to several people about the project. Mr. Carney stated he received a telephone call from Attorney Michael Weiner but did not talk with him. Paul Dorling, AICP, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2011-128 into the record. Mr. Dorling stated this is a conditional use request to establish a private child care facility known as Milagro Center which will occupy a portion of a 7,500 square foot clubhouse of the Village at Delray multiple-family residential development. Mr. Dorling stated child care facilities are allowed as a conditional use in this zoning district. The Milagro Center intends to operate after school from 2:15 to 6:00 p.m. Monday-Friday and will also serve children from 8:00 a.zx~.. to 6:00 p.m. on non-school days including the summer months Monday-Friday. The child care center will occupy the residential amenities initially approved by the Site Plan Review and Appearance Board within the clubhouse for Village at Delray. These include the multiple purpose area and large kitchen and cafe area, outside play areas around the pool and support pool facilities like restrooms. All of these enhanced recreational components were provided for the residents to justify the increase in density to 18 units per acre for this development. The applicant has attempted to mitigate the losses in internal recreational components but at a much reduced level. Mr. Dorling stated the clubhouse amenities originally approved at 2,517 square feet now reduced to 529 square feet (?9% reduction in size). He stated there are also same issues as it relates to LDR amendments for child care centers and one of those issues is a drop-off area that needs to be provided. Mr. Dorling stated these amenities were provided for the residential component and now are being taken over by the Milagro Center in this proposal. At the meeting of June 20, 2011, the Planning and Zoning Board held a public hearing in conjunction with the conditional use request for the Milagro Center. While the Planning and Zoning Board was concerned over the utilization of community recreational amenities by a private entity, the applicant's attorney indicated the facility would continue to be available for residents when the Milagro Center was not open. With that assurance and after lengthy discussion, the Board moved a recommendation of approval of the conditional use request for the Milagro Center with a vote of 4 to 2. With the applicant's assurance of additional residential access to the facility addressed part of staff s concerns, these facilities will not be available for the residents far significant periods particularly during the high use months in the summer. Staff recommends that the Commission not approve this because they believe it is not appropriate to the degree that they are absorbing recreation components. Mr. Dorling stated if the Commission decides to approve this that it be done subject to the six (5) conditions listed on page two of the memo. Staff is also skeptical that the facilities once set up with office equipment, 5 07/05/2011 child care play areas, and other activity areas associated with the Milagro Center; actually will be open to the residential community given legitimate safety and security concerns. Staff recommends denial of the conditional use request. Michael Weiner, Attorney with Weiner & Lyme, P.A., l0 S.E. l st Avenue, Delray Beach, FL 33444, stated since the Planning and Zoning Board approval Milagro curtailed its operations and its willingness to decrease the size of its program so that they will meet staff's concern. Mr. Weiner stated the Milagro Center is a 501(C)(3) non-profzt organization whose mission is to enrich children's lives through cultural arts, academic support, and living values. He stated they were established in 1997 and for nine months during the school year children from kindergarten through St" grade will be served at this new facility and after school from 2:15-6:00 p.m. Mr. Weiner stated the children typically arrive between 2:15 and 3:45 from. their respective schools and then the children are picked up by their parents between 4:00-6:00 p.m. He stated since many of the children are in walking distance of this new facility they expect a significant amount of children will be walked back to their home. Mr. Weiner stated a substantial portion of these students will be living in the Village at Delray with their parents. Approximately one-quarter of the students will be living in the Village at Delray and more than half the students will be walking from the surrounding area to this facility. He stated from G:00- 9:00 p.m. Monday-I'riday there will be a program for teens and noted that no more than 43 students will use the facility at any one time. Mr. Weiner stated during the summer months there will be a program for children that will last from 8:00-6:00 p.m. five nights a week (no weekends) and will also be limited to 43 children; drop off times begin at 8:D0 a.m. and lasts until 10:00 a.m. and pick up starts at 4:00 p.m. and lasts until 6:00 p.m. Mr. Weiner stated approximately b50 square feet is going to be used exclusively for the Milagro Center. He stated the shared area may be used by any resident (except for the limited times) and other programs such as the TED Center, Boys & Girls Clubs, and other kinds of programs will be conducted in that area. On the weekends should a resident desire to do so the facility will be open for activity such as birthday parties and the like. There will be no more than five full-time staff members at Milagro. Mr. Weiner stated the individual families that the Milagro Centex assists are from all the surrounding local neighborhoods and will not open until complete licensing by the Health Department. He stated the remaining area for outdoor activity that is available to the residents includes two tot lots. Mr. Weiner stated this is almost two acres of open space and Milagro is using less than 3% of the open area. He made reference to LDR Section 3.1.1 and stated they are consistent with the Future Land Map, all concurrency is met, consistency with the LDRs is met, LDR Section 2.4.5(E} is met, and they are in line with the Comprehensive Plan. He stated they meet LDR Section 4.3.3(E) which deals with child care facilities and they meet the requirements for child care facilities under the City's land development regulations. Ellen. ®krent, 340 S.W.__6th Avenue, Delray Beach, _FL 33444 (Executive Director at the Milagro Cen#erl, verified that everything Mr. Weiner said this evening is true and believes a piece of what the Commission is missing is the vision that Auburn Development has provided far this community in that it is allowing them the opportunity to open this center for the community on behalf of the families that live in the 07/05/2011 local neighborhood. Ms. Okrent stated the Milagro Center is benefiting the city and she urged the Commission to consider the conditional use request. Brian Hinners, Auburn Group and B©ard member of the Milagro Center, stated he believes in the vision of the Milagro Center and affirms everything that Mr. Weiner has discussed this evening. Mr. Hinners stated this will be a great enhancement to the neighborhood, the community and for the children of the Village of Delray. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the conditional use request for the Milagro Center, to please come forward at this time. Carolyn Fazio, 1035 South Federal Hi~hvvay, #21.7, Delray Beach, FL, (resident, business owner, parent of five, a ~ran_d_p__arenf_of seven, .and a_Mila~ro Center volputeer), stated providing a new physical environment will do a lot to help the children and the staff. Ms. Fazio stated the parents of the children are very involved in this and the Milagro Center helps these children academically, socially, morally, and ethically. She stated this new center gives them the opportunity to have a space and to share a space with the cormunity and to learn even more what it means to be from Delray Beach. Ted Steiger, 263 N.E. 12t~' Street, Delray Beach, FL (rnailin~ address: 702 S.W. 34~'' Avenue,..Soynton Beach, FL 33425), stated his wife is heavily involved with the Milagro Center and stated it adds to the value of the community. Mr. Steiger stated he is also involved with the Autistic and Children Needs Foundation and is overwhelmed by the potential location where they might carry on their school practices. He urged the Commission to consider this. Laulenson Bracledor-Jason 825 S.W. 6t~' Avenue Delra Beach FL volunteers at the Milagro Center and stated he has learned many life skills there. He stated they need more space and urged the Commission to support. Jason Exantis, {address unknown) attends the Milagro Center, stated the Milagro Center has changed his life and stated this will give thexz~ more space. Maureen Turner 1012 Del Harbour Drive Delra Beach FL 334$3 stated she had the opportunity to visit the Milagro Center and noted that the children are getting a lot of attention and support. Ms. Turner stated their families are very involved and supports going forward with this project. Marie Lou (address unknown) thanked the Milagro Center for taking care of her children and stated they have learned a lot at the Afterschool Program. She stated her nephew has a learning disability and the Milagro Center has found him many resources. She stated the Milagro Center has changed the future for so many children. 7 o~iosi~ol ~ Deborah Wilson 217 S.W. 6~'' Avenue Delra Beach FL 33444 stated her son used to attend the Community Center and now attends the Milagro Center. She stated her son is hyper and the Milagro Center is like a "morn and dad" to her son. Ms. Wilson stated it teaches the kids to have respect for themselves and others. She urged the Commission to consider the new center. Anna Lee (address unknown) stated it will be good to have the new center because the Milagro Center needs more space. Kendra Williams, 416 River Road, West Palm Beach, FL, employee at the Milagro Center and stated she is excited about the possibility over moving into a new space. Ms. Williams stated they have so many artistic projects in the center but currently they do not have room. She stated the Milagro Center is a great asset to the community. Grace Greenberg, Delray Beach resident (High Point), 507$ Lakefront Boulevard #A Delra Beach FL 33484 stated fram a business perspective she feels the Milagro Center represents Delray Beach and would put us on the map in a positive tone with other municipalities to say we care about our people and that we want them to have the best facility possible. Drew 'l'ocker, George Bush Boulevard, Delray Beach Board member at the MiIa~ro„Center), stated there is a lot of talk about the economy and what we can do to make it better. Mr. Tucker stated we can invest in things that are going to really make a difference such as the Milagro Center. He stated there are so many challenges in education and feels these kids are going to make a difference not only just in the lives of this community but in the lives of everyone in this nation as well. There being no one else from the public who wished to address the Commission regarding the conditional use request, the public hearing was closed. Mr. Dorling gave the fallowing rebuttal: Mr. Dorling stated he does not doubt that the Milagro Center has a great program and does great work. However, Mr. Dorling stated it comes down to the fairness to the residents of Village of Delray who were given assertion that they would have some recreation amenities available to them and in this case they are being utilized by a very needy group but not for the residents that they were originally proposed for. Mr. Dorling stated the pool function is not part of the outside recreation that has been promised or is it part of this conditional use. Mr. Dorling stated the applicant's attorney talks about only 3% of the open space but you could also use it as one-third of the outside recreation tot lot space for the entire eoz~nznunity. Mr. Dorling stated the applicant also did indicate that he does meet and is in compliance with LDR 3.1.1 and staff acknowledges in the staff report that he is in fact not compliant with that LDR. Mr. Dorling stated there is an analogy made between community outclasses and a private child care facility. He stated there is a big difference between the two and noted that one is appropriate in the clubhouse for residents and one is not. Lastly, Mr. Dorling stated there was a chart that 07/OS/201.1 talked about this community and compared it to other communities and amenity packages. He stated this one has more because they are required to have more to get 18 units to the acre versus 12. Mr. Weiner stated with respect to the Land Development Regulations this clubhouse is more than 7,000 square feet and is the size of two good size houses. He stated they are providing an additional amenity that will assist the community as well as the outside neighboring area. He stated they are providing an additional amenity that will assist the comzxaunity as well as the outside neighboring area and therefore they are not taking anything away but they are adding to it. Mr. Weiner stated the staff report states that LDR Section 2.4.5(E) was met and that they could not find anything for the Comprehensive Plan. Mr. Weiner stated the only issue was the concurrency issue which they have gotten solved and they now have their Traff c Concurrency letter. Mr. Weiner stated he has demonstrated substantial competent evidence with respect to the issues on conditional use and urged the Commission to vote for the conditional use tonight for the Milagro Center as a child care center at this particular facility. Mr. Carney commented on the original approved site plan and stated it was with that site plan that the increase in density was going to be measured and the approval given far this particular space to have the amenities for the community. He stated this is not a referendum on how valuable he thinks the Milagro Center is which he feels is incredibly valuable. Mr. Carney commented about the statistics and stated only 25°/© of the children which will be utilizing the facility come from the community so in fact 75°/© of these amenities are being provided to people outside the community. Mr. Carney stated the issue is the site plan was approved and density was increased because of the promise to provide these amenities to this community. Mr. Weiner stated no one at the time of this approval said you needed an exact number of square feet and the City Commission's grant of approval for increased density was based on various conditions and this was a specific condition but without numbers. Mr. Weiner stated they exceeded by so much that had they only built a 2,100 square foot clubhouse they still would have been given their density and granted it because that is still far in excess of what other similar projects are granted at densities and at unit counts similar to this one tonight. Mr. Weiner stated the reason there are 21 spaces on the other side of that particular gate and the reason that the clubhouse is two mid-size houses is because they knew that they would have to give more amenities than any other place so by decreasing it for some shared use they do not fall below that standard. Mr. Dorling stated when the site plan was provided the Conunission was given a picture that said you are going to get a 7,000 square foot clubhouse, these tot lots, and a pool. Mr. Dorling stated there were some amenities that were shown without those parameters which the Commission was given. Mr. Carney asked if staff believes there is a material decrease in the amenities being provided to the community as a result of this facility. Mr. Darling stated he believes there is a significant diminishment of interior recreation opportunities for these residents with this set up. Mrs. Gray stated she loves the Milagro Center and the Village at Delray but she has not heard from any residents on how they feel about some of their amenities 9 07f05/2011 being taken from them. She stated the residents in this corr~rnunity will not be able to use the clubhouse or the amenities until after 6:00 p.m. Mrs. Gray asked if there is a way to cut dawn on the clubhouse and allow more amenities for the residents that are living there and asked if there is some type of compromise. Mr. Weiner stated the Milagro Center is an amenity to those people who are moving into this particular apartment complex and under the circumstances for utilization of the interior clubhouse no one comes in to watch television at 9:00 a.m. and then leaves at 6:00 p.rn. Mr. Weiner stated clubhouses are often underutilized in any particular project more for the puzposes of first being seen but then not being used. Mr. Frankel stated the Auburn Group has lived up to their promises. He stated the Milagro Center that the Commission toured and showed to the Lieutenant Governor of the State of Florida that it is being occupied by Milagro is a first class facility. Mr. Frankel expressed concern over the space for the residents and stated as an example if he is moving into this community, he would not want his area being occupied by a group. Mr. Frankel stated if he wants to use the clubhouse or a recreation area he does not want to be excluded. Mr. Frankel supports the applicant and stated they have done everything to help the community. Mayor McDuff e made reference to the Planning and Zoning staff report and stated their motion included those six and an additional requirement that the facility be open for the residents when the Milagro Center was closed and is identified and offered by the applicant's attorney at that meeting. Mr. Dorling stated this was the staff conditions and then through that discussion that additional one was added to that motion. Mayor McDuffie stated of the seven conditions is there anything that the applicant has not met. Mr. Dorling stated of the seven conditions the applicant has not resolved condition # l , he has not seen condition #2, they have reduced the maximum students to 43 because they did not have enough play area to meet the Health Department's requirement; staff has not received condition #4-6 nor a confirmation of condition #7 that the facility would be available for the residents of the community when the Milagro Center was not open. Mayor McDuffie asked if there is anything in the conditions that the applicant cannot provide. Mr. Weiner stated the applicant can provide all seven conditions. Mayor McDuffie stated the people who rent at the Village at Delray are due the facilities that they have been promised. Brief discussion continued by the Commission. Mrs. Gray asked if the applicant would work more with the residents to try to get more space. Mr. Hinners stated the intent all along is that they would be working with other non-profits in the community to provide activities for the kids, recreational and sports programs, etc. and the sharing of the space was something that they always envisioned. Mr. Hinners stated the TED Center approached them and asked if they could do some adult education. He stated they are planning to do numerous programs. 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 10 07/05/2011 official part of the minutes). Mr. Carney moved to adopt the Board Order (approving the conditional use application) subject to the seven (7) conditions listed on Exhibit "A", seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Carney -Yes. Said motion passed with a 4 to 0 vote. At this point, the time being 7:24 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. I0. PUBLIC HEARINGS: IO.A. ORDINANCE NO. 22-I1 (FIRST READING/FIRST PUBLIC _HEARING): City-initiated amendment to the Land Development Regulations (LDR) Section X1.6.9, "Off Street Parking Regulations", Subsection 4.6.9(C), "Number of Parking Spaces Required", and Appendix "A", "Definitions", by adding the definition of call centers and providing for specific parking requirements for call centers. If passed, a second public hearing will be held on July 19, 2011. The caption of Ordinance No. 22-11 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 ~-.b.9, "OFF-STREET PARKING REGULATIONS", SUBSECTION 4.6.9(C), "NUMBER OF PARTING SPACES REQUIRED", PARAGRAPH (4), "REQUIREMENTS FOR OFFICE USES"; AND BY AMENDING APPENDIX A, "DEFINITIONS", BY ADDING THE DEFINITION OF CALL CENTERS; TO DEFINE AND PROVIDE FOR SPECIFIC PARKING REQUIREMENTS FOR CALL CENTERS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 22-11 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 Taws of the State of Florida and the Charter of the City of Delray Beach, Florida. 11 07/05/2011 Paul Dorling, AICP, Director of Planning and Zoning, stated this is a city- initiated amendment to the Land Development Regulations (LDRs) that will introduce the new definition for a call center use and to provide a specific parking requirement for the use. Mr. Dorling stated the Call Centers are currently included in a General Office category and subject to inadequate parking requirements. The Call Centers are defined as a central business office for purposes of making and receiving large number of telephone calls, for purposes of customer support, information inquiries, product services, etc. Such uses are known to house an increased number of employees in smaller office spaces (cubicles) than more typical office uses. Therefore, there is an increased need for parking. The parking requirement is increased based upon an anticipated a number of supervisors (2 per 1,000 square feet] and, more importantly, on the number of work stations. Avery similar approach has been taken with amendments to the LDRs for the use of Personal Service Provider (Beauty Salons, Spas, etc.) in excess of 5,000 square feet. At its meeting of June 1, 2011, the Pineapple Grove Main Street (PGMS) Committee reviewed and recommended approval; at its meeting of June 9, 2011, the Community Redevelopment Agency (CRA) reviewed and recommended approval; at its meeting of Tune 13, 2011, the Downtown Development Authority (DDA) reviewed and recommended approval; at its meeting of June 14, 2011, the West Atlantic Redevelopment Coalition (WARC) reviewed and recommended approval; at its meeting of June 20, 2011, the Planning and Zoning Board reviewed and recommended approval. Staff recommends approval. Mayor McDuffie declared the public hearing open. There being no one from. the public who wished to address the Commission regarding Ordinance No. 22-11, the public hearing was closed. Mr. Frankel moved to approve Ordinance No. 22-11 on First Reading/First Public Hearing, seconded by Mrs. Gray. Upon roil call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuff e -- Yes; Mr. Carney -Yes; Mr. Frankel - Yes. Said motion passed with a 4 to 0 vote. 10.5. DEVELOPMENT AGREEMENT/CDS DELRAY REDEVELOPMENT, LLC/CDR ATLANTIC PLAZA, LTD.: Consider approval of a Development Agreement with CDS Delray Redevelopment, LLC. and CDR Atlantic Plaza, LTD. regarding the Atlantic Plaza Project. Brian Shutt, City Attorney, stated this is a Developer's Agreement regarding the Atlantic Plaza project. Mr. Shutt stated pursuant to Chapter 163 of the Florida Statutes, municipalities to enter into agreements with developers and the intent is that on larger projects where there are certain timelines in the LDRs and the project may not be completed within those timeframes so the Florida legislature has said that they will allow the City to lock in the development approval at this period of time for a certain period of time in order to allow the project to go forward without the developer having to worry about the plans changing or not getting an approval or extension at a later date. 12 07/05/2011 Mr. Shutt stated when staff first started working with the developer regarding the development agreement the Statute provided for a term of up to 20 years and the Statute has now been changed to allow for a term of up to 30 years. The agreement that is in front of the Commission now provides for a term of up to 10 years to allow the project to vest. In numerous meetings that City staff has had with the developer, Mr. Shutt expressed concern over the length of time (10 years). Mr. Shutt stated a couple of other issues that staff has talked about with developer is an assignment provision and the possible termination where if the City has an issue with the developer, however, if a portion of the agreerr~ent has been assigned to someone else, the City may terminate a portion of the agreement but not the whole agreement. Mr. Shutt stated Planning and Zoning, Community Improvement, and Environmental Services has been involved in all of the meetings as well. Jeffrey Lynne, Weiner & Lynne, ~0 S.E, is~ Avenue, Delray Beach, lFL 33444, stated Chapter 153 Florida Statutes creates the local government development agreement act and requires that there be two public hearings the second public hearing being July 19, 2011. Mr. Lynne concurs with staff and stated the agreement is a collaborative effort for more than a year. Mayor McDuffie declared the public hearing open. There being no one else from the public who wished to address the Commission regarding the Developer's Agreement, the public hearing was closed. Mr. Carney expressed concern over the assignment provision in that we are banking on the current developer to do what he says he is going to do. Mr. Lynne stated this is why there is language in the agreement stating "The developer may assign this agreement to any association that will be the properly owner's association or to a lender as collateral without maintaining the 20% interest. Upon assignment, the original developer is released from all obligations and may default of an assigned party shall not be considered a default of the original developer." Brief discussion between Commissioner Carney, Mr. Lynne and Mr. Shutt continued. Mrs. Gray asked if there is any other way around this. The City Attorney stated he still has concerns but he is not aware of a way to get around those concerns. The City Attorney suggested that the Commission approve this to move it to the July 19, 2011 City Commission meeting and stated there will be another public hearing so this will not be approved until the Commission approves this at the public hearing on July 19, 2011 in the City Commission Chambers starting at 7:00 p.m. Mr. Frankel moved to approve to move this item to the regular meeting on July 19, 2011 in the City Commission Chambers at 7:00 p.m. seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mayor McDuffie --- Yes; Mr. Carney - Yes; Mr. Frankel -Yes; Mrs. Gray -Yes. Said motion passed with a 4 to 0 vote. 13 07/05/2011 At this point, the time being 7:49 p.m., the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the City Manager anal the Public. I.X.A. City Manager's response to prior public comments and inquiries. At the June 21, 2011 meeting, the City Manager stated Marie Hanna came and expressed concern over a number of issues relating to Rainberry Woods. The City Manager stated regarding police issues Officer Rusczyk is assigned full-time to the Rainberry Woods community and this community is one of six within the City that has a designated full-time police officer from the Problem Oriented Policing Unit dedicated exclusively to problem solving and community policing efforts and initiatives. He stated this neighborhood receives a focused and heightened level of comprehensive police services. Regarding the issues raised regarding abandoned homes Officer Rusczyk stated that all homes that are in foreclosure, and abandoned/ unoccupied are hoarded up. Office Rusczyk works closely with Code Enforcement Officer William Brown to make sure these homes are properly monitored and properly secured. It should be noted that many of the foreclosures within the community are currently occupied. With regard to illegal drug use and gang parties, there is zero tolerance for criminal activity and any criminal activity that is observed or investigated is documented and arrests are made if applicable. In the past, Officer Rusczyk has worked with Detective Chinque (Police Department Gang Specialist) in addressing gang related graffiti and activity within the community. This was well over one year when he was initially assigned to Rainberry Woods. Detective Chinque stated there are currently no known gang members residing in the community nor is he aware of any gang activity and Officer Rusczyk concurred. With regard to lighting, the City Manager stated the lighting survey for the community was previously completed in 2010 by the Problem Oriented Policing Unit and this survey was forwarded to Engineering for review and action if applicable. Officer Rusczyk works closely with the Rainberry Woods Homeowners' Association and attends all their meetings and there is an open line of communication between the residents and the officer. Also included in this partnership is Jennifer Costello, Neighborhood PlannerlCommunity Improvement. Officer Rusczyk is scheduled and coordinated multiple community cleanups in an effort to beautify the neighborhood and build community support and bonding. The City Manager stated he has also personally contacted banks that hold title on fareciosed properties within the community in an effort to address conditions at these locations. He has additionally coordinated various youth activities including a recent football clinic for the kids that reside in Rainberry Woods. The community has seen a 25% reduction in crime since his assignment there in January 2010. With regard to foreclosed homes, the City Manager stated the City has purchased two foreclosed bank owned homes in the Rainberry Woods subdivision under the Neighborhood Stabilization Program. One has been sold with the closing pending. NSP funding is restricted to acquisition, rehabilitation and resale of the units only per Federal guidelines. The City would have to use another source of funds to acquire and convert a unit in this subdivision as a substation. With regard to a board up of existing units, the City Manager stated staff has secured 12 vacant units over the past 3 months; two of these units have required the City to go back and re-secure several times and secure the services of a professional company on these two units. Based on staffs work with the 14 07/05/2011 Police Department, they believe that adequate attention and resources have been made available to address this issue. In addition, staff volunteers for scheduled cleanups coordinated by the Neighborhood Planner in partnership with the Police Department. These initiatives are designed to address urgent and obvious nuisances that affect residents' quality of life. The City Manager stated the City was unable to corrzplete Phase III of the Rainberry Woods Neighborhood Action Plan that included demolition of the racquetball courts and some minor drainage issues because funding has not been available since 2008. Street resurfacing is based on the City's rating lists and those rated below the established threshold have been resurfaced. The City Manager stated the project referenced the Strategic Task Team Neighborhood Improvement Plan with the funding that was available through this program the following infrastructure improvements were completed: pavement narrowing, two speed tables, and one round-a-bout; this construction includes roadway reconstruction, paver bricks, sodded swales, driveway apron replacement, pavement markings and traffic signage, asphalt pavement, concrete sidewalks, curbs and gutters, and associated miscellaneous improvements. Funding has not been available for the past several years. In addition to the Strategic Task Team Program the following streets were resurfaced under the Annual Street Resurfacing Program: N.W. 49th Avenue, N.W. 6th Court, N.W. 6th Street, and N.W. 47t" Avenue. The City Manager stated Amanda Wallace came before the Commission requesting a waiver of the conditional use fees for a Large Family Day Care. The Planning Director wrote Ms. Wallace a letter setting forth the requirements of the Land Development Regulations regarding fee exceptions. For your child care home to be considered for a fee exception, the LDRs require your business to be a non-profit organization currently receiving a pardon of your annual operating budget from the United Way and/or the City and requires your business to have a 501(C)(3) designation. The City Manager stated Mr. Dorling indicated that while the Florida Family Child Care Home Association is a 501(C)(3), Ms. Wallace's far-profit business does not appear to meet either of the required criteria above. Pursuant to LDR Section 2.4.3(K)(8)(b) any official request for relief should be addressed to the City Manager for consideration. The City Manager stated he has never received any formal request; however, stated the City Code does not provide for fee exceptions for afor-profit business. 11.B. From the Public. 11.8.1. Pastor Howard Barr, St. Paul 1Vlissiona~Ba~tisf_C'h~rch_,_4fi S.W. 10~ t~ enue, Delray Beach, FL 33444, expressed concern over a letter that was sent to the Commission first verbally and then written by email. Mr. Barr stated the letter dated May 12, 2011 from the City Manager stated that the concerns and issues whether large or small were allotted 15 minutes of the Commission's time at a Workshop. Pastor Barr stated he is very displeased that after taking their time to vote, pay taxes, and to assist this community that they are only allowed 15 zxzinutes to be heard. 11.B.2. Marcia Beam, Priest at St. Matthew's Episcopal Church, 404 S.W. 3r~ Street? Delray Beach, FL 33444, stated she was born and raised in Delray Beach and 15 07/05/2011 feels the concerns of every person should be heard. Reverend Beam commented about racism and stated although the City is doing some great things it is irrtportant that every voice be heard. 11.B.3. Kyle Gibson, 1418 57th Court, Fort Lauderdale, FL, Pastor a# African opal Church located in Liberty City (speaking on behalf of T.R. Methodist Episc„ Francisco), stated far too long this community has been overlooked without the input of the people that live in the community and feel they are being ignored. 11.B.4. David Randolph, 105 N.W. 11th Avenue, Delray Beach, FL 33444, stated the last time he was before the Commission he expressed concerns regarding his address and the community in which he resides. Mr. Randolph stated at that time he offered an invitation for everyone to visit him at that address to see some of the things that were happening on his street and to this date he has not received the courtesy of a telephone call about what he was concerned about. He stated the Chief of Police did come out to his home regarding the situation for two days; however, he received no contact from the City Commission. Mr. Randolph urged the City Coznzxiission to work with him and others. II.B.S. Chuck Ridley, 210 1V,W. 2nd Avenue, Delray Beach, FL 33444, speaking on behalf of the Village Council, local clergy, and community stakeholders expressed his disappointment in this Commission's unwillingness to engage in an honest discussion regarding important issues in the community. Mr. Ridley stated the Commission directed staff to schedule an informal meeting with the Village Elders on May 12, 2011. He stated there is a lot of work to do to repair the relationships between the west Delray Beach community and public entities charged with representing the community's interest. Mr. Ridley stated the initial correspondence of the Village Elders was that they would like to meet with the City Commission to discuss community issues and concerns such as increasing community input and involvement in critical decisions impacting the northwest and southwest community, educating residents about major issues impacting them, developing affordable and quality family and senior rental opportunities. He asked the Cotxtmission to waive a decision to have a single subject Workshop similar to the way Milagro Center asked the Commission to waive an ordinance this evening. Mr. Ridley stated for years they have felt neglected and he urged the Commission to not lose their credibility within this community. 11.B.G. Dr. Josh Smith, 3616 Avenue De Gien, Delray Beach, FL 33445, stated their ethnic group may not necessarily show up in representative numbers at the polls and believes this is a signif cant factor with regard to whether the Commission addresses their concerns or whether they have the desire or information to address their concerns. Dr. Szr~.ith stated he and others pay taxes and feel that they have a constitutional right to be represented by the City Commission. He stated the fact that the Commission would deny them the right to express their concerns in a Workshop with regard to the development of West Atlantic Avenue is an indication that the Commission does not represent them. Dr. Smith stated they are not listened to and are mostly summarily dismissed and feels they 16 07/05/2011 are victims of taxation without representation which is a violation of their constitutional rights. 11.8.7. IDedrick Sfra~hn, 26 S.W. 5`~` Avenue, Delray Beach, FL 33444, stated for several years he bras been actively involved in the community discussions and activities as it relates to the perception of this Commission as it relates to the African- A~x~erican community. Mr. Straghn stated members of the Cozxzmission and including the City Attorney have worked to systematically silence the concerns of the black community. Mr. Straghn asked the Commission for civility, to be heard, and to act on their civil rights. He urged the Commission to show them the same level of respect that they are asking them to show and that they have watched therm show the other communities throughout this city. 11.B.8. Dr. Richard__Halford, 13548 Sabal Palm Caurta, Delray Beach, FL, stated we all need each other and we have to do our best to act like a total community. At this point, the time being 8:22 p.m., the Commission took a short break. The Commission reconvened at 8:28 p.m. and moved to Item 9.B. ©f fhe Regular Agenda. 9.B. _WAIVER REQUESTSBURGERFI RESTAURANT: Consider waiver requests to Land Development Regulations ~ ~ ~ DR S {L ~ ~ ~ ~) ~ ection 4.6.7{J}{3), "Roof Signs", to allow a sign to be placed above the roofline and Land Development Regulations {LDR) Section 4.6.7{E){7), "Design Standards Matrix", to allow a sign to be placed on an elevation that does not face a dedicated street frontage for BurgerFi Restaurant located at 6 South Ocean Blvd. (Quasi-Judicial Hewing) Chevelle D. Nubin, CiTy Clerk, swore in those individuals who wished to give testimony on this item. Mayor McDuff e asked the Commission to disclose their ex parte communications. Mr. Frankel stated he received an email dated July 4, 2011 frorr~ Fran Marincola, an ennail dated July 4, 2011 from Mike Ferrier on behalf of the New Monmouth Condominium Association, and this afternoon he received a telephone call fro~xa Attorney Michael Weiner. Mrs. Gray stated she received emails, a telephone call from Attorney Michael Weiner, and emails from Fran Marincola. Mayor McDuffie stated he had a conversation with Michael Weiner, and emails from Fran Marincola. Mr. Carney stated he received emails from Fran Marincola and Mike Ferrier. Mr. Carney stated he also attended the last Site Plan Review and Appearance Board {SPRAB} meeting where this was the agenda item to listen to all the presentations and stated he had a brief conversation with the architect which included this subject and ten others, and received a telephone call from Attorney Michael Weiner. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the waiver requests, to please come forward at this time. There being no one from. the public who wished to address the Commission regarding the waiver requests, the public hearing was closed. 17 07/05/2011 Lula Butler, Director of Community Improvement, stated this is consideration of a waiver request of LDR Section 4.6.7(J}{3) to allow a sign to be placed above the roofline and LDR Section 4.6.7(E){7} to allow a sign to be placed on an elevation that does not face a dedicated street frontage for BurgerFi Restaurant located at 6 South Ocean Boulevard. Mrs. Butler stated on June 22, 20l 1, the Site Plan Review and Appearance Board reviewed the waiver request for three signs. She stated the first sign has already been erected because it does not require waiving that Code. Mrs. Butler stated the applicant asked for two flat wall signs and one projecting sign for this business. She stated the projecting sign is on the east elevation and is proposed on a small wall parapet above the roofline. Mrs. Butler stated under the City's Code LDR Section 4.6.7{J)(3) Prohibited Signs include Roof Signs, which axe defined as a sign erected on the roof, or above the roofline or on the parapet. Staff believes that the projecting sign can easily meet the Code by lowering the sign on the wall and still have the carne visual affect. The sign will be illuminated and staff believes that they can easily come into compliance on this sign. Mrs. Butler stated the second sign is the waiver to LDR Section 4.6.7{I~(7) Si n Matrix states that a flat wall sign is allowed ane per business facing each dedicated street frontage. Mrs. Butler stated we define the dedicated street frontage as a lot that has a boundary adjoining a street. Mrs. Butler stated in this proposal, the agent is asking for a sign to be on this particular elevation and this particular business is not on a dedicated street but is actually an interior lot along A-1-A because there is a building behind it. At its meeting of June 22, 2011, the Site Plan Review and Appearance Board (SPRAB} recommended that both signs to be considered for a waiver request. The Board believes that the projecting sign is tastefully designed and has no major impact. SPRAB asked that the applicant lower the sign so the top of the sign would align with the mesh fence on the top roof. The applicant submitted revised plans in compliance with SPRAB's recommendation. Mrs. Butler stated Section 2.4.7(B) of the LDRs allows the City Commission to grant waivers to this Section of the code governing signs after making findings that the granting of the waiver: {1) shall not adversely affect the neighboring area; (2) shall not significantly diminish the provision of public facilities; (3) shall not create an unsafe situation; and {4} 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. Mrs. Butler stated although SPRAB's recommendation is to approve both signs far waiver staff recommends that the Commission deny both signs for waiver requests because on the projecting sign the applicant can easily come into compliance and still have his projecting sign and that the other sign would be a privilege that would not necessarily be available to other applicants asking for the same waiver. Michael ~Veiner,_ Attorney with Weiner & L~mne, P.A., l.0 S.E. ls~ Avenue Delra Beach FL 33444 s eak~n on behalf of th e a licant stated they have had discussions with staff and noted they are lowering one sign that resulted in the Site Plan Review and Appearance Board (SPRAB} to recommend in favor of these two signs. Mr. Weiner stated the signs will be located on A-1-A and Atlantic Avenue. Mr. Weiner stated they meet all the Sign Code regulations except for the two waivers which they are allowed to ask for under the standards that axe set forth. He briefly discussed the 18 07/05/2011 waiver for the wall sign and made reference to Section 4.6.7 {Design Matrix Standard) and noted that it states that you are allowed "one facing each dedicated street frontage." He stated they meet the requirements of the waiver code. Mr. Weiner briefly reviewed the requirements and noted they meet all these requirements of LDR Section 2.4.7{B) for the waiver. Mr. Weiner stated the sign has been lowered to where it has been visually attractive and to the lowest possible point. He stated they made a better building and better signage and urged the Commission to support. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the waiver requests for BurgerFi Restaurant, to please come forward at this time. Fran. Marineola, owner of Cafe Luna Rasa, stated the sign does impinge on the residents and wants the sign below the roofline. Mr. Marincola stated the Beach Master Plan is being ignored and although the projection sign is tasteful but feels the north sign should be moved and the other sign should be moved down below the roofline as like Cafe Luna Rosa sign and Boston's sign. Andy Katz, 220 South Ocean Boulevard, Deirav Beach, FL 33483 Represen#in~ the Beach Property. Owners' Association (BPOA), commented about the north facing sign and stated the Beach Master Plan that the BPOA worked with staff on and was passed by the City Commission stressed the elimination of sign clutter. Mr. Katz stated expressed concern over the sign clutter that is being proposed on the west side of A-1-A. He stated these three signs will be butting up against one another and it is not only visible from Atlantic Avenue but it is going to be visible for several hundred yards on the east sidewalk of A-1-A for anyone using that sidewalk heading southbound. Mr. Katz stated the BPOA feels this sets a bad precedent. He urged the applicant to be respectful of the neighborhood in the sense of community and stated the sign will not enhance the look of A-1-A but it will instead distract and be visible for a large distance away from the corner. Therefore, Mr. Katz stated the BPOA supports City staff and urged the Commission to reject this particular sign. Alice First, 707 Place Tavant, Deirav Beach, FL 33445, commented about the parapet and feels it serves no purpose except that it blocks the view of the people looking out from their porch. Mrs. First stated in all her years of watching SPRAB she does not recall of any sign allowing the advertising of what is inside the building. She commented about the building sign on the north side and stated if the City decides to expand their recreation building it could create a potential problem with the signage. Mrs. First suggested that this go back to the drawing board and start aver. There being no one else from the public who wished to address the Commission regarding the waiver requests, the public hearing was closed. Mrs. Butler gave the following rebuttal: 19 07/05/2011 Mrs. Butler clarified that with regard to Mr. Weiner's comments that this building could have had a flat wall sign along A-1-A at 93 square feet and they chose to do something Iess than 50 square feet and he alluded to the fact that they were aggregated that total square feet and they can move. it around the building. Mrs. Butler stated that is not how we do signage in this city. Mrs. Butler stated the Code says what the maximum size can be and it is based on the percentage of the building frontage. She stated it is tastefully done but he cannot take what he did not use on the east elevation and apply it to the north elevation. Secondly, Mrs. Butler stated businesses such as Old Calypso rt is a window sign and window signs do not go to SPRAB. She noted that businesses are allowed to use 20% of their windows for signage (i.e. Carolos & Pepe's}. Mrs. Butler stated Old Calypso was probably done on a Master Sign Program and noted that SPRAB does have the authority to grant waivers under a Master Sign Program because the Master Sign Prograrn looks at large developments and gives SPRAB the opportunity to consider the signage that a large development that may not have been anticipated under the City's Code need to get adequate signage. Mrs. Butler stated those only come to the Commission if they appeal SPRAB's decisions (i.e. shopping centers). Mrs. Butler stated the City's LDRs defines a lot frontage and noted it is a lot boundary adj oining a street. She stated just because a building can be seen from the street it is a far stretch to say then that it qualifies as a frontage. Mrs. Butler stated the projecting sign is done tastefully and if in is moved down this will not affect its visibility. Staff received letters from the Monmouth Condominium Association expressing concern over the lighting and it is an impact to them during the evening hours. Mr. Weiner gave the following rebuttal: Mr. Weiner stated 3ohnnie Brown's also had advertising as to what was available for it and therefore this is not the only sign that advertises wording of what is available. Mrs. Butler concurred that Mr. Weiner is correct with regard to this. He stated they are arguing about facing aright-of--way not about whether they are fronting on a right-of--way. Mr. Weiner stated so the Commission could see their good faith and sensitivity to the neighborhood they reduced signs substantially in each location because it was more important to be seen than it was to have a large glaring sign. Mrs. Butler stated the City is very consistent with interpreting where your front door is and what constitutes what faces a dedicated street right-of--way. She stated you cannot take a building that is an interior building along a street and say just because you see that part of it then it is facing. The City Manager stated just because a neighboring building chooses to be set back that allows an interior lot to put a sign there. The projecting sign can be seen from Atlantic Avenue and if it was mounted on the part that sticks up above the roof all that is north of the awning support so the awning support will not interfere with that sign even if it is lowered to the top line of the roof and the sign will be northward of that bracket that supports the awning. 20 07/05/2011 In his opinion, Mr. Carney stated allowing the north elevation would be granting a special privilege. Mr. Carlrey stated with regard to the projection sign he did not mind where it was to begin with because it felt it met the objective of being viewed north and south on Atlantic Avenue. Mr. Carney stated facing street frontage does require frontage in terms of the road and allowing the north elevation would be granting a special privilege. He stated the lighting on the projection sign he did not mind where it was to begin with because he thought it met the objective of being viewed north and south on Atlantic Avenue. Mr. Carney stated the bigger sign that he objects to he feels you do not really have to have that sign to see that restaurant when you cross Atlantic Avenue. He stated with regard to the lighting on the projection sign and where it was located, he feels there is nothing that is going to drown out the light coming from the Marriott and that little sign is irrelevant to the condominium. Mr. Carney stated the Beach Master Plan strongly discouraged multiple signs on single buildings. However, Mr. Carney stated he supports SPR.A.B's recommendation with regard to the projection sign. Mrs. Gray concurs with staff's recommendation. Mr. Frankel briefly spoke about the Delray Beach Master Plan and stated there are too many signs being erected at A-1-A and Atlantic Avenue. Mr. Frankel concurs with staff s recommendation to deny the waivers. Carney. Mayor McDuffie concurred with comments expressed by Commissioner 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 off vial part of the aninutes). Mr. Carney moved to adopt the Board Order as presented, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Carney -Yes; Mr. Frankel No; Mrs. Gray -Yes; Mayor McDuffie -Yes. Said motion passed with a 3 to 1 vote, Commissioner Frankel dissenting. 9.C. TRANSFER OF PUBLIC ART BOARD FUNDS/INSTALLATION OF EAGLE SCOUT STATUE: Consider approval to transfer money from the Public Art Board funds to pay for installation of the Eagle Scout Statue at Old School Square Park. Funding is available from 115-1702-579-31.90 (Special Projects Fund: Professional Services/Other Professional Services). Mr. Frankel moved to table, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie - Yes; Mr. Carney -Yes. Said motion passed with a 4 to 0 vote. 21 0710512011. 9.D. RECONSIDERATION OF A VOTE FOR A COMMUNITY REDEVELOPMENT AGENCY BOARD APPOINTMENT: Consider a request to reconsider the vote for an appointment made to the Community Redevelopment Agency Board at the June 21, 2011 Regular Commission Meeting. Mr. Frankel moved to reconsider Commissioner Gray's appointment to the Con~rnuniEy Redevelopment Agency Board that was made at the Regular City Commission Meeting of June 21, 2011, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mrs. Gray - No; Mayor McDuffie - No; Mr. Carney - No; Mr. Frankel - No. Said motion was DENIED with a 4 to 0 vote. 9.E. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint one (1) regular member to the Code Enforcement Board for an unexpired term ending January 14, 2012. Based upon the rotation system, the appointment will be made by Commissioner Frankel (Seat #3). Mr. Frankel moved to reappoint Kurt Lehmann as a regular member to the Code Enforcement Board for an unexpired term ending January 14, 2012, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Carney -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes. Said motion passed with a 4 to 0 vote. 9.F. APPOINTMEN'T' TO THE DOWNTOWN DEVELOPMENT AUTHORITY: Appoint one (1) regular member to the Downtown Development Authority (DDA) to serve a three (3) year term ending July 1, 2014. Based upon the rotation system, the appointment will be made by Commissioner Carney (Seat #1). Mr. Carney moved to appoint Ryan Boylston as a regular member to the Downtown Development Authority (DDA} to serve a three (3) year term ending July 1, 2014, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Carney -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes. Said motion passed with a 4 to 0 vote. 9.G. THIS ITEM HAS BEEN POSTPONED TO REGULAR MEETING OF JULY 192011. 9.H. APPOINTMENT TO THE GREEN IMPLEMENTATION ADVANCEMENT BOARD: Appoint one (1) regular member to the Green Implementation Advancement Board to serve a two {2) year term ending July 31, 2013. Based upon the rotation system, the appointment will be made by Conunissioner Carney (Seat # 1 }. Mr. Carney moved to reappoint Jeff Benavides as a regular member to the Green Implementation Advancement Board to serve a two (2) year term ending July 31, 2013, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Carney -Yes. Said motion passed with a 4 to 0 vote. 22 07/05/2011 9~I. APPOINTMENTS TO THE EDUCATION BOARD: Appoint three (3) regular members to the Education Board to serve a two (2) year term ending July 31, 2013. Based upon the rotation system, the appointments will be made by Commissioner Fetzer {Seat #2}, Commissioner Carney (Seat #1) and Commissioner Fetzer {Seat #2). Due to his absence, Mr. Fetzer's appointment has been deferred to the next regular meeting of July 19, 2011. Mr. Carney moved to reappoint Ora Sorensen as a regular member to the Education Board to serve a two (2} year term ending July 31, 2013, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Carney -Yes; Mr. Frankel -Yes. Said motion passed with a 4 to 0 vote. Mr. Frankel moved to reconsider the appointment of Ora Sorenson, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Carney -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes. Said motion passed with a 4 to 0 vote. Mr. Carney moved to appoint LeaAnne DeRigne as a regular member to the Education Board to serve a two (2) year term ending July 31, 2013, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Carney -- Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes. Said motion passed with a 4 to 0 vote. Due to his absence, Mr. Fetzer's appointment has been deferred to the next regular meeting of July 19, 2011. 9.J. APPOINTMENTS TO TIIE POLICE ADVISORY BOARD: Appoint one (1} regular member to serve a two (2) year term ending July 31, 2013 and one (1) regular member to serve an unexpired term ending July 31, 2012 to the Police Advisory Board. Based upon the rotation system, the appointments will be made by Commissioner Fetzer (Seat #2) and Coznznissioner Carney {Seat #1). Due to his absence, Mr. Fetzer's appointment has been deferred to the next regular meeting of July 19, 2011. Mr. Carney stated he would like to defer his appointment to the next regular meeting of July 19, 2011. 9.K. APPOINTMENTS TO THE NUISANCE ABATEMENT BOARD: Appoint three {3} regular members and two (2} alternate members to the Nuisance Abatement Board to serve a two (2} year term ending July 31, 2013. Based upon the rotation system, the appointments will be made by Mayor McDuff e (Seat #5}, Cornrnissioner Carney (Seat #1}, Commissioner Fetzer (Seat #2), Commissioner Frankel {Seat #3) and Commissioner Gray (Seat #4). 23 07/05/2011 Mayor McDuffie stated he wished to reappoint Patricia Conlon as a regular member to the Nuisance Abatement Board to serve a two (2) year term ending July 31, 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. Said motion passed with a ~ to 0 vote. Mr. Carney moved to appoint Greta Britt as a regular mezxaber to the Nuisance Abatement Board to serve a twa (2) year term ending July 31, 2013, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Carney -Yes; Mr. Frankel -Yes. Said motion passed with a 4 to 0 vote. Due to his absence, Mr. Fetzer's appointment has been deferred to the next regular meeting of July 19, 2011. Mr. Frankel moved to appoint Theresa DiPerna as an alternate member to the Nuisance Abatement Board to serve a two (2} year term ending July 31, 2013, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Carney -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes. Said motion passed with a 4 to 0 vote. 9.L. APPOINTMENTS TO THE PUBLIC ART ADVISORY BOARD: Appoint three (3) regular members to the Public Art Advisory Board to serve a two (2) year term ending July 31, 2013. Based upon the rotation system, the appointments will be made by Commissioner Carney (Seat #1}, Commissioner Fetzer (Seat #2) and Commissioner Frankel (Seat #3). Mr. Carney moved to reappoint Ora Sorensen as a regular member to the Public Art Advisory Board to serve a two (2) year term ending July 31, 2013, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Carney -- Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes. Said motion passed with a 4 to 0 vote. Due to his absence, Mr. Fetter's appointment has been deferred to the next regular meeting of July 19, 2011. Mr. Frankel moved to reappoint Mary Minieka as a regular member to the Public Art Advisory Board to serve a two (2) year term ending July 31, 2013, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -- Yes; Mr. Carney -Yes. Said motion passed with a 4 to 0 vote. At this point, the time being 9:54 p.m., the Commission moved to Item l2, First Readings. 24 07/05/2011 12. FIRST READINGS: 12.A. ORDINANCE NO. 20-11: City initiated amendment to the Land Development Regulations (LDR) Section 4.4.13, "Central Business (CBD) District", Subsection (G), "Supplemental District Regulations", and Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)", Subsection (G}, `Supplemental District Regulations", to clarify the parking requirements for restaurants. If passed, a public hearing will be held on July 19, 201 1. The caption of Ordinance No. 20-11 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 (G}, "SUPPLEMENTAL DISTRICT REGULATIONS", SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)", SUBSECTION (G}, `SUPPLEMENTAL DISTRICT REGULATIONS", TO CLARIFY THE PARKING REQUIREMENTS FOR RESTAURANTS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTNE DATE. (The official copy of Ordinance No. 20-11 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 will remove the current parking incentive enjoyed by restaurant uses along Atlantic Avenue from Swinton Avenue to NE/SE S' Avenue, between the east-west alleys that are located immediately north and south of Atlantic Avenue. Mr. Dorling stated in 1993, the parking requirement for restaurants within the original DDA area was increased to six (6) spaces for each 1,000 square feet. This was half the requirement for restaurants elsewhere in the city, where the requirerzaent was (and rezx~ains) at 12 spaces for the first 6,000 square feet and 1 S spaces for each 1,000 square feet over 6,000 square feet. This incentive was created to attract restaurant uses into the downtown. This incentive has been extremely successful and we are now experiencing an economically unhealthily saturation of restaurants within certain portions of the downtown area. At its meeting of June 9, 2011, the Community Redevelopment Agency {CRA), and they had Borne concern about what they felt was over reaching impact for the entire Central Business District (CBD} and they believe that the scale down version is better. Mr. Darling stated the CRA was actually at the Planning and Zoning Board 2S 07/OS12011 meeting when this recommendation was forwarded to the Commission. He stated they also had discussion about creating and working with staff to incentivize retail and some other uses. At its meeting of June 13, 2011, the Downtown Development Authority {DDA) recommended approval and at its meeting of June 14, 2011 the West Atlantic Redevelopment Coalition {WARC) recommended approval. Mayor McDuffie asked Mr. Dorling if there was a change in the CRA position since this was written. Mr. Dorling stated the CRA saw the amendment when it involved the entire CBD area and the Old School Square District. He stated their version actually showed it changing from 6-12 spaces per 1,000 square feet with the exception of West Atlantic which would continue to enjoy the 6 spaces per 1,000 square feet and Pineapple Grove Main Street which would also have 6 spaces per 1,000 square feet. Mr. Dorling stated they thought it was too broad an area and they had a discussion at the Planning and Zoning Board and the Director was asked if this was an area that she felt the Board would be comfortable with she did indicate that was the case. Mr. Frankel stated he will support; however, feels organizations need to come together and commented about the retail spaces going out of business signs. Mr. Carney concurred with comments expressed by Mr. Frankel. Mayor McDuffie stated he will support his tonight; however, he feels the Commission needs a lot more information about what is going on downtown and take a look at all types of businesses in the CBD. Mr. Frankel moved to approve Ordinance No. 20-11 on FIRST Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray - Yes; Mayor McDuffie -Yes; Mr. Carney -Yes; Mr. Frankel -Yes. Said motion passed with a 4 to 0 vote. I.Z.B. ORDINANCE N4. 21-11: City-initiated amendment to the Land Development Regulations {LDR) to clarify the applicability of the payment of in-lieu of parking program. If passed, a public hearing will be held on July 19, 2011. The caption of Ordinance No. 21-11 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 2.4.5, "PROCEDURES FOR OBTAINING DEVELOPMENT APPROVALS", SUBSECTION {O}, "IN-LIEU OF PARKING AND PUBLIC PARKING FEE REQUEST", SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION {G}, "SUPPLEMENTAL DISTRICT REGULATIONS", SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD}", 26 07/05/2011 SUBSECTION (G), "SUPPLEMENTAL DISTRICT REGULATIONS," SECTION 4.4.28, "CENTRAL BUSINESS DISTRICT-RAILROAD CORRIDOR (CBD- RC}", SUBSECTION (G), "SUPPLEMENTAL DISTRICT REGULATIONS", AND SECTION 4.6.9, "OFF-STREET PARKING REGULATIONS", SUBSECTION (E), "LOCATION OF PARKING SPACES", PARAGRAPH (3), "IN-LIEU FEE"; TO CLARIFY THE APPLICABILITY OF THE PAYMENT-IN-LIEU PROGRAM; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTNE DATE. office.) (The official copy of Ordinance No. 21-11 is on file in the City Clerk's The City Attorney read the caption of the ordinance. Paul Dorling, AICP, Director of Planning and Zoning, stated this is a city- initiated amendment to the Land Development Regulations (LDRs) to provide additional opportunities for property owners to voluntarily participate in the payment in-lieu of parking program. Mr. Dorling stated currently the option is available for properties within the CBD, CBD-RC, and OSSHAD zoning districts. There are number of qualifications that must be satisfied including that they be in-fill development that has been vacant for more than five years, they involve a change of use, or adding floor space to an existing building. Mr. Dorling stated there are prohibitions to providing the in-lieu option for new development or changes of use which increase floor area that either occurs within two years of granting a Certificate of Occupancy (CO) or for new development. The current LDRs mandate that the City Commission make a finding that it is impossible or inappropriate to provide the required number of on-site or off-street parking spaces, and that no parking spaces are to be eliminated in the ease of building additions. The Parking Management Plan dated August 2010 recommends that the parking in-lieu program be expanded to provide property owners the option to voluntarily participate in the in-lieu program, whether or not a hardship exists. This amendment eliminates those current qualifications and eliminates the requirement that the City finds that it is either inappropriate or impossible to provide the required spaces. It will extend this option to new development, use conversions to existing buildings, and building additions or renovations that result in a requirement to provide new parking or additional parking. Additional language is added that the City Commission must find that adequate public parking options are available and that the request is consistent with LDRs, City Comprehensive Plan, and all currently adapted City policies and studies. At its meeting of June I, 2011, the Pineapple Grove Main Street (PGMS} Committee reviewed and recommended approval; at its meeting of June 9, 2011, the Community Redevelopment Agency (CRA) reviewed and recommended approval; at its meeting of June 13, 2011, the Downtown Development Authority (DDA) reviewed and recommended approval but that the consideration of the following is made: (1) that 27 07/05/2011 developments that are exclusively residential not be eligible, (2) sufficient public parking is available when considering commercial projects, {3) that adequate camponents, such as the residential component, of a mixed-use project be addressed separately. At its meeting of June 14, 2011, the West Atlantic Redevelopment Coalition (WARC) reviewed and recommended approval; at its meeting of June 20, 2011, the Planning and Zoning Board reviewed and recommended approval. The City Manager stated this ordinance needs to be looked at 'and considered very carefully. He expressed concern that maybe it is going too far in liberalizing the availability of in-lieu spaces. these spaces. Mayor McDuffie stated he would like to know what the inventory is of Mr. Frankel moved to approve Ordinance No. 21-11 on FIRST Reading, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Carney -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes. Said motion passed with a 4 to 0 vote. 12.C. ORDINANCE NO. 23-1I: City-initiated amendment to the Land Development Regulations (LDR) Section 2.4.3(x), "Fees", Subsection 2.4.3(x){1), "Development Applications", to provide for an increase in fees. If passed, a public hearing will be held on July 19, 2011. The caption of Ordinance No. 23-11 is as follows: off ce.} AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS Ob' THE CODE OF ORDINANCES, BY AMENDING SECTION 2.4.3, "SUBMISSION REQUIREMENTS", SUBSECTION 2.4.3(K), "FEES", PARAGRAPH (1), "DEVELOPMENT APPLICATIONS"; TO MODIFY THE DEVELOPMENT APPLICATION FEES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 23-11 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 during the process to change the fee schedule in 2003, the City Corzux~ission directed staff to process changes as needed every two years. Mr. Dorling stated the last overall fee schedule adjustment was approved by the City Commission on August 4, 2009 by Ordinance No. 33-09. The amendment provides fora 5% increase and soiree additional fees were added. 28 07/05/2011 He states upon review of the fee schedules for Palm Beach County, the City of Boca Raton, the City of Boynton Beach and the City of West Palm Beach, the City of Delray Beach still remains on the low end of the fee schedules. Staff suggests an increase of 5% is justified. No fee adjustments are proposed for Rezoning and SAD Modification petitions as the current fees are comparative with adjacent municipalities. Also, Mr. Dorling stated significant increases were made to the Beach Overlay Review fee in 2008 and 2009 so no additional fees are proposed in those categories. He stated Class I and Class II site plan fees are significantly lower than those of adjacent municipalities so an additional increase of approximately 10% is suggested as is recommended for the Class V site plan category. At its meeting of June 20, 2011, the Planning and Zoning Board recommended approval with a 6 to 1 vote. Mr. Carney asked how often other municipalities review their fee schedules. Mr. Dorling stated Palm Beach County in the last year increased their fees significantly but is not sure of the interval that they look at things. Brief discussion by the Commission continued about whether there is anything precluding the City from raising fees every year. The City Manager stated the one thing that is restricted is a business license and the fee can only be increased every two years with an increase of only S% by Statute. Mr. Carney moved to approve Ordinance No. 23-11 on FIRST Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Carney - Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie --- Yes. Said motion passed with a 4 to 0 vote. At this point, the time being 7:24 p.m., the Comrriission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: IO.A. ORDINANCE NO. 22-11 {FIRST____READING/FIRST PUBLIC HEARING): City-initiated amendment to the Land Development Regulations (LDR} Section 4.6.9, "Off Street Parking Regulations", Subsection 4.6.9(C), "Number of Parking Spaces Required", and Appendix "A", "Definitions", by adding the definition of call centers and providing for specific parking requirements for call centers. If passed, a second public hearing will be held on July I9, 2011. The caption of Ordinance No. 22-11 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 4.6.9, 29 07/05/201 I "OFF-STREET PARKING REGULATIONS", SUBSECTION 4.6.9(C}, "NUMBER OF PARKING SPACES REQUIRED", PARAGRAPH {4}, "REQUIREMENTS FOR OFFICE USES"; AND BY AMENDING APPENDIX A, "DEFINITIONS", BY ADDING THE DEFINITION OF CALL CENTERS; TO DEFINE AND PROVIDE FOR SPECIFIC PARKING REQUIREMENTS FOR CALL CENTERS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. office.) {The official copy of Ordinance No. 22-11 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, AICP, Director of PIanning and Zoning, stated this is a city- initiated amendment to the Land Development Regulations {LDRs} that will introduce the new definition for a call center use and to provide a specif c parking requirezxaent for the use. Mr. Dorling stated the Call Centers are currently included in a General Office category and subject to inadequate parking requirements. The Call Centers are defned as a central business office for purposes of making and receiving large number of telephone calls, for purposes of customer support, inf©rmation inquiries, product services, ete. Such uses are known to house an increased number of employees in smaller office spaces (cubicles) than more typical off ce uses. Therefore, there is an increased need for parking. The parking requirement is increased based upon an anticipated a number of supervisors {2 per 1,000 square feet) and, more importantly, on the number of work stations. Avery similar approach has been taken with amendments to the LDRs for the use of Personal Service Provider {Beauty Salons, Spas, etc.) in excess of 5,000 square feet. At its meeting of June 1, 2011, the Pineapple Grove Main Street {PGMS) Com~~ittee reviewed and recommended approval; at its meeting of June 9, 2011, the Community Redevelopment Agency {CRA) reviewed and recommended approval; at its meeting of June 13, 2011, the Downtown Development Authority (DDA) reviewed and recommended approval; at its meeting of June 14, 2011, the West Atlantic Redevelopment Coalition {WARC) reviewed and recommended approval; at its meeting of June 20, 2011, the Planning and Zoning Board reviewed and recommended approval. Staff recommends approval. Mayor McDuff e declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 22-11, the public hearing was closed. 30 07/05/2011 Mr. Frankel moved to approve Ordinance No. 22-11 on First ReadinglFirst Public Hearing, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Carney -Yes; Mr. Frankel - Yes. Said motion passed with a 4 to 0 vote. At this point, the time being 10:13 p.m., the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items from the City Manager, City Attorney, and the City Commission. 13. COMMENTS AND INQITII2IES ON NON-AGENDA ITEMS. 13.A. City Manager The City Manager stated the City's tax roll for July 1, 2011 looks a little better than it did as of June 1, 2011. He stated the millage is the same and instead of being a $1.5 million short the City would be $1 million short. The City Manager stated he will have more information for the Commission at the Workshop next week. 13.8. City Attorney The City Attorney had no comments and inquiries on non-agenda items. 13.C. City Commission 13.0.1. Mr. Carney Mr. Carney asked whether or not the City Manager received any feedback on what the Commission discussed regarding Gulf Stream in terms of what the added tax value was with the annexations. Mr. Carney stated he would like to see how much in tax base they are adding. 13.C.2. Mrs. Gray Mrs. Gray had no comments and inquiries on non-agenda items. 13.C.3. Mr. Frankel Mr. Frankel complimented Sarah Martin with the Downtown Marketing Cooperative {DMC) and the Community Redevelopment Agency (CRA) for the fireworks. He stated it was very well attended and kudos to everyone involved. Secondly, Mr. Frankel stated he received an email dated July 3, 2011 from the Friends of Delray and the subject matter was New Friends of Delray Report Available. Mr. Frankel stated he opened up the email and it stated that the Friends of Delray Intelligence Report for July is now available on the website {friendsofdelray.com). Mr. Frankel stated he went to the website and the first thing he sees is a header page that reads "Welcome to the Friends of Delray. We are concerned 31 07/OS/2011 that local media continues to reduce coverage of Delray Beach. Residents are left without any source of real news about our City and especially lacking is any investigative reporting. Therefore, we at the Friends of Delray have started The Delray Intelligence Report. Our information comes from involved residents who pass us informatian as it happens. We make every effort to verify the facts and encourage a response when we are wrong." Mr. Frankel stated this is signed by Vincent P. Dole, Editor. Mr. Frankel commented about the July 2011 Intelligence Report and stated he read a story which says "Speculation: There is a Strong Rumor Flying around Delray Political and Business Elite that the Following Political Scenario May Be Unfolding." Commissioner Angie Gray made an announcement on Facebook that she intends to run for Mayor that may be a sign that Commissioner Adam Frankel is moving on. Rumors are rapid that Frankel will be heading to the State Attorney's office for a new jab that will force him !o resign since elected officials cannot be "sworn to two positions". Mr. Frankel stated he would like to respond to Mr. Vincent Dale and the Friends of Delray and noted since this email has gone out he has now received several inquiries from current clients questioning if he will still be acting as their legal counsel in pending manners. Mr. Frankel stated he has similarly received calls from offices of elected officials and other attorneys asking the same. Mr. Frankel read the following statement into the record to Mr. Dole and Friends of Delray: "If you take the responsibility to create some type of publication they should also take the responsibility to have some degree of accuracy. When you state opinions or political positions I understand and respect that, but when you print statements that affect my livelihood that have absolutely no basis in truth or fact at all you create a reckless harmful situation. I have not now nor have I ever had any conversation with anyone about working in the State Attorney's office, I have nat been in a place where that conversation remotely relating has occurred, I am not now nor do I ever intend to work for the State Attorney. I am a criminal defense attorney that just created a private practice in January in downtown Delray Beach. Before that I worked in the Public Defender's office of Palm Beach County. My law partner does personal injury work and at no time has either of us considered to be a prosecutor. So, I challenge this local "Intelligence Report" to document any source or facts that has related to this inaccurate and damaging written statement. It would not have taken a great deal of effort to simply call me if someone was curious or had any questions about my legal career." I3.C.4. 1Vlayor McDuffie Mayor McDuff e stated the 4t~' of July Celebration was well done. He stated he liked the fact that the City did not close Atlantic Avenue until 3:00 p.m. Mayor McDuffie stated at 2:00 p.rri. there were wall-Eo-wall people on the beach in both directions and by the time 9:00 p.m. rolled around the attendance was unbelievable. He stated it took him two hours to get off the barrier island and get home. Mayor McDuffie thanked the Downtown Marketing Cooperative (DMC) for a terrific 4f~' of July and stated it was a great night. Mayor McDuffie stated that we have to find a way to stop private boaters from anchoring up in front of the barge because the barge almost wound up on the beach. 32 07/05/2011 There being no further business, Mayor McDuffie declared the meeting adjourned at 10:25 p.m. City Cleric The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on July 5, 2011, which Minutes were formally approved and adopted by the City Commission on July 19, 2011. ~. City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. 33 07/OS/2011