08-02-11 Regular City Commission MinutesAUGUST 2, 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, August 2, 2011.
1. Roll call showed:
Present - Commissioner Tom Carney
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 Greg Fitch, Chaplain with Hospice
by the Sea and Chief of Chaplains with Delray Beach Police & Fire Rescue.
3. The Pledge of Allegiance to the flag of the United States of America was
given.
4. AGENDA APPROVAL.
Mayor McDuffie stated staff has requested to postpone Item 7.A.
S.P.I.R.I.T. (Service, Performance, Integrity, Responsibility, Innovation,
Teamwork) Committee Quarterly Awards Presentation),
Mr. Carney moved to approve the Agenda as amended, 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.
5. APPROVAL OF MINUTES:
Mrs. Gray moved to approve the Minutes of the Special/Workshop
Meeting of July 12, 2011, . 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.
Mr. Frankel moved to approve the Minutes of the Regular Meeting of July
19, 2011, seconded by Mrs. Gray. Upon roil 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.
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6. PROCLAMATIONS:
6.A. None
7. PRESENTATIONS:
7.A. THIS ITEM HAS BEEN POSTPONED TO THE NEXT REGULAR
MEETING OF AUGUST 16, 2011.
7.B. 25th Annual Delray Citizens for Delray Police Scholarship
Presentation - Perry DonFrancisco
Perry DonFrancisco, Delray Citizens for Delray Police, thanked the City
of Delray Beach for allowing Delray Citizens for Delray Police the opportunity to present
the 2011 scholarship to this year's recipients and stated the recipients are the children of
Delray Beach Police sworn officers. Mr. DonFrancisco stated Delray Citizens for Delray
Police has provided this scholarship for 25 consecutive years. Mr. DonFrancisco
presented the following recipients with 2011 scholarships:
® Amber Evans
Nicole Finley
Christopher Hart
Darrell Hunter H
® Lauren Heysler
8. CONSENT AGENDA: City Manager Recommends Approval.
B.A. RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS: Approve
and ratify actions of the South Central Regional Wastewater Treatment and Disposal
Board adopting a budget for FY 2012 at their Quarterly Meeting of July 21, 2011.
8.B. REQUEST FOR SIDEWALK DEFERRAL /115 GROVE WAY:
Approve a request to defer the installation of sidewalk along N.W. 2nd Avenue and
Grove Way for the property located at 115 Grove Way.
8.C. INCREASE TO THE BLANKET PURCHASE AWARDBAKEWS
TRANSPORT SERVICES: Approve an increase to the blanket purchase award with
Baker's Transport Services (BTS) in the amount of $55,000.00 to continue providing
hauling and disposal services for liquid lime slurry from the Water Treatment Plant
(WTP) through the remainder of the fiscal year. Funding is available from 441- 5122 -536-
34.90 (Water and Sewer Fund: Other Contractual Services).
8.D. INCREASE TO THE BLANKET PURCHASE AWARD/DEVLAND
SITE DEVELOPMENT INC.: Approve an increase to the blanket purchase award with
Devland Site Development Inc. in the amount of $42,000.00 to continue providing
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hauling and disposal services of lime sludge from the Water Treatment Plant (WTP)
through the remainder of the fiscal year. Funding is available from 441 - 5122 -536 -34.90
(Water and Sewer Fund: Other Contractual Services).
8.E. RATIFICATION OF APPOINTMENTS TO THE PARKING
MANAGEMENT ADVISORY BOARD: Approve and ratify the appointments of Mr.
Herman Stevens, Community Redevelopment Agency and Mr. Mark Krall, Planning and
Zoning Board, for two (2) year terms ending July 31, 2013.
8.F. AMENDMENT NO. 1 TO THE LEASE AGREEMENT /SCHOOL
BOARD OF PALM BEACH COUNTY /HII.,LTOPPER STADIUM: Approve
Amendment No. 1 to the Lease Agreement between the City and the School Board of
Palm Beach County for the use of School Facilities.
8.G. AMENDMENT NO. 4 TO THE INTERLOCAL
AGREEMENT /SCHOOL BOARD OF PALM BEACH COUNTY /SEACREST
SOCCER COMPLEX: Approve Amendment No. 4 to the Interlocal Agreement to
update the hours of use of the Seacrest Soccer Complex.
8.11. GRANT AWARD/DEPARTMENT OF HOMELAND SECURITY;
STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE (SAFER):
Authorize acceptance of the Staffing for Adequate Fire and Emergency Response
(SAFER) Grant in the amount of $595,982.00 to hire four (4) additional
Firefighter /Paramedics to complete the staffing at Fire Station No. 2.
88.1. FY 2012 TENNIS RATES/TENNIS FACILITIES: Approve the
proposed maximum rates for the Tennis Facilities.
8.1 FY 2012 GOLF RATES/LAKEVIEW GOLF COURSE: Approve the
proposed maximum rates for the Lakeview Golf Course.
8.K. FY 2012 GOLF RATES/DELRAY BEACH MUNICIPAL GOLF
COURSE: Approve the proposed maximum rates for the Delray Beach Municipal Golf
Course.
8.L. AGREEMENT/BURTON & ASSOCIATES INC./FIRE
ASSESSMENT FEE: Approve an agreement with Burton & Associates, Inc. in the
amount of $41,378.00 to conduct a study for implementation of a Fire Assessment Fee.
8.M. SPECIAL EVENT REQUEST /SANDOWAY HOUSE BLUE
WATER RUN: Approve the endorsement of a new event, Sandoway House Blue
Water Run, sponsored by Sandoway House Nature Center to be held on November 12,
2011 from 6:15 a.m. until approximately 11:00 a.m., to grant a temporary use permit per
LDR Section 2.4.6(F) for use of Ingram Parking lot and the City right -of -way along
Ocean Boulevard from Casuarina to George Bush Boulevard, to waive parking meter fees
in Ingram Parking lot and the Sandoway lot, and to authorize staff support for traffic
control and barricading, site cleanup and use of the small City stage; contingent upon
receipt of Certificate of Liability Insurance and Hold Harmless Agreement fourteen (14)
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days prior to the event.
8.N. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards
for the period July 18, 2011 through July 29, 2011.
8.0. AWARD OF BIDS AND CONTRACTS:
1. Contract award to Line -Tee in the amount of $72,874.75 for
installing water meters and connecting customers along Martin
Luther King Jr. Drive and for connecting the Pompey Park facility
to the Reclaimed Water system. Funding is available from 441-
5161 -536 -49.23 (Water and Sewer Fund: Other Current
Charges /OB /Reclaim Water Distribution System).
2. Purchase award to HiTech Coatings, Inc. in the amount of
$16,340.00 for installation of a new flooring system in the locker
rooms and shower areas at Pompey Park Pool. Funding is
available from 001 -4135- 572 -46.10 (General Fund: Repair and
Maintenance Services /Building Maintenance).
3. Purchase award to Cartegraph Systems, Inc. in the amount of
$177,708.21 for licensing, installation and training for an asset
management system with application modules for public utilities,
engineering and storm water functions. Funding is available from
441- 5161 - 536 -66.10 (Water and Sewer Fund:
Books/Publications/Software).
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 REQUEST /SEGWAY TOURS OF DELRAY
BEACH: Consider approval of a Conditional Use Request to establish a Segway tour
and sales facility known as Segway Tours of Delray Beach located at 162 Pineapple
Grove Way. (Quasi - Judicial Hearing)
Mayor McDuffie read the City of Delray Beach procedures for a Quasi -
Judicial Hearing into the record and stated Items 9.A., 9.B., 9.B.1, and 9.C. are all quasi -
judicial hearings and anyone wishing to speak should stand and be sworn in by the City
Clerk.
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
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Mayor. McDuffie asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose.
Paul Dorling, ATCP, Director of Planning and Zoning, entered the
Planning and Zoning Department project file 92011 -127 into the record.
Paul Dorling, A1CP, Director of Planning and Zoning, stated this item is a
conditional use for Segway Tours of Delray Beach and on April 5, 2011 the City
Commission approved a land development regulation text amendment to include Segway
tours and Segway sales as a conditional use in the CBD (Central Business District). Mr.
Dorling stated this business will occupy 162 approximately 6,000 square feet in a plaza
located on Pineapple Grove Way. He stated it will operate tours between the hours of 9 -5
Monday - Sunday and briefly reviewed the tour map. Mr. Dorling stated one of the
conditions in the approval is that the segment on the tour map be modified and that an
additional modified version be submitted as part of this.
At its meeting of May 26, 2011, the Community Redevelopment Agency
(CRA) considered this and recommended approval subject to the revised tour maps being
provided, at its meeting of June 13, 2011, the Downtown Development Authority (DDA)
reviewed this and recommended approval. Mr. Dorling stated staff recommends
approval subject to the six (6) conditions listed in the staff report.
Kyle Bo_ian, 162 N.E. 2 "d Avenue, Delray Beach, FL 33444, stated they
are in the process of redoing their routes to meet the criteria that they wanted. He stated
he agrees with staff and they are doing their best to meet all the requirements.
Mayor McDuffie stated if anyone from the public would like to speak in
favor or in opposition of the conditional use request, to please come forward at this time.
Alice Finst, 707 Place Tavant, Delray Beach, FL 33445, expressed
concern about where they will be training the people who are going to be on the segways
and also expressed concern over the safety of them.
Mr. Bojan stated originally they were asked to not train in the back
alleyway and they were continuing to train there because the road has been closed off.
He stated if need be they can move indoors and train within their store.
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 stated the conditional use application does include an indoor
designated area for training.
Mr. Frankel stated when this was first before the Commission he was
particularly concerned with safety vests and other conditions. He asked if those
conditions are still active if this is passed this evening. Mr. Dorling stated there was a
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whole series of conditions that were not only applied to tour operators but any individual
operator and that is contained in Ordinance No. 5 -11 and are in affect.
Mr. Carney stated he wanted to make sure that the portion that was
originally shown along A -1 -A and removing it so that A -1 -A is not going to be part of the
tour. Mr. Dorling stated the ordinance that was passed does not allow on the east side of
A -1 -A from the north end of the municipal beach to Casuarina Road.
Mrs. Gray stated she has been on segways and expressed concern over
there not being adequate space to train on them indoors. She also expressed concern over
the safety of training in such a small area.
Mr. Bojan stated they originally planned on training on their own private
property behind the store location; however, the City informed them that this was non-
conforming and even though it is private property they are not allowed to train there. He
stated they started to use the alleyway but there is traffic, etc. and then came to the
conclusion that they would train inside. Mr. Bojan stated their tour location is one of the
only in the country that has not had a single injury reported.
After brief discussion by the Commission, it was the consensus to have the
applicant work staff to see if anything else can be worked out with regard to having the
training for the segways outside versus indoor training.
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. Carney moved to adopt the Board Order subject to the six (6)
conditions listed on Exhibit "A ", 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.
9.B. CONDITIONAL USE REOUEST/VILLAGE SOUARE: Consider
approval of a Conditional Use Request to allow a density in excess of twelve (12) units
per acre in conjunction with the construction of 253 residential units on 18.18 acres
which results in a density of 13.91 units per acre for Village Square located on the east
side of Auburn Avenue, and S.W. 13th Avenue between S.W. 7th Street and S.W. 10th
Street. (Quasi - Judicial Hearing)
Mayor McDuffie asked the Commission to disclose their ex parte
communications. Mr. Frankel stated he had communications with Cito Begurinstein.
Mrs. Gray stated she had communications with Cito Begurinstein, Dr. Victor Kirson, and
staff. Mayor McDuffie and Mr. Carney had no ex parte communications to disclose.
Paul Dorling, A1CP, Director of Planning and Zoning, entered the
Planning and Zoning Department project file # 2011 -108 into the record.
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Mr. Dorling stated this is a conditional use request to allow a density in
excess of 12 units per acre (13.91 du/ac) in accordance with the provision of the City's
Family Workforce Housing Ordinance for the Village square, a 253 -unit residential
development located on the east side of Auburn Avenue and S.W. 13th Avenue between
S.W. 71 Street and S.W. 101h Street. The subject property includes the former Carver
Estates and a vacant block of property that extends to S.W. 10th Street. The proposal is
for a three phase project with Phase I being construction of a 3 -story senior citizen
building with a clubhouse, pool, and putting green, 42 one - bedroom units, 42 two -
bedroom units, for a total of 84 rental units. Mr. Dorling stated Phase H is the
construction which will include six (6) buildings and a clubhouse with a mix of 6 one -
bedroom units, 66 two - bedroom units, 48 three - bedroom units, and 24 four - bedroom
units, for a total of 144 rental units at a rent significantly below current market rates. Mr.
Dorling stated Phase III will be the construction of 11 three- bedroom for sale single
family homes and 14 three - bedroom for -sale duplex units. The conditional use request
also includes two waiver requests that relate to parking in the area as it relates to the
driveway and then some waivers on lot widths, depths, and size in the single family and
duplex component.
At its meeting of July 18, 2011, the Planning and Zoning Board held a
public hearing in conjunction with the conditional use request and presentations were
made by the applicant, staff, as well as a CPTED presentation by the Police Department
on CPTED requirements. Mr. Dorling stated the CPTED conditions are attached as
conditions in the staff report. Mr. Dorling stated the safeguards that are proposed are
similar to those that were proposed to Auburn Trace. He stated there was a public
hearing and many of the surrounding residents expressed their desire that the same kind
of protections that were required of Auburn Trace be required of this development. Staff
recommends approval subject to the thirty -four (34) conditions that are attached in the
staff report.
Officer Greg Wesner, speaking on behalf of the Delray Beach Police
Department with regards to the proposed Village Square project, stated he has been a
Crime Prevention Through Environmental Design (CPTED) practitioner for four years
and has completed over 70 crime prevention reports for various areas around the city.
Officer Wesner stated both Village at Delray and Village Square propose multi - family
buildings, dozens of units on several acres, and require tens of millions of dollars to
complete. He stated both projects were designed for members of the community who
might otherwise be locked out of the real estate markets and both projects replace
previous developments which themselves present challenges to the Police Department.
Officer Wesner stated all the affected parties discussed whether CPTED strategies would
be included in the proposal and as a result of those meetings Brownstone Development
has presented plans which reflect the use of some CPTED strategies. He stated adequate
lighting, natural surveillance, and territorial reinforcement are all reflected in their plans.
Crime analysis studies for Auburn Trace and Carver Estates indicates that most of the
crime that occurred in both of those developments was on behalf of individuals who were
guests of residents or those that were predators who went inside both developments to
search for vulnerable targets.
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Michael Hartman, Roundstone Development, LLC (Applicant and
Developer of Village Square), 1370 Taurus Court, Merritt Island, FL 32953, stated
they are willing to accept all 34 conditions and is present for any questions the
Commission may have. Mr. Hartman stated this is a new development and has nothing to
do with what was there previously. He stated they build a quality product and intends for
it to stay that way.
Mayor McDuffie stated if anyone from the public would like to speak in
favor or in opposition of the conditional use request for Village Square, to please come
forward at this time.
Dr. Victor Kirson, D.D.S., P.A.= 2050 Alta Meadows Lane #2110,
Delray Beach, FL 33444 (President of the Board of Directors of Tierra Verde at
Delray Beach), stated the City can do criminal and economic background checks but if
the person is not a pedophile within a certain distance of children's activities the City
cannot do anything. Dr. Kirson stated he likes the senior section of the project.
Gerry Franciosa, 939 Eve Street, Delray Beach, FL 33483 (spealdng
on behalf of the Delray Citizens Coalition), expressed concern over the security issue.
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 stated with regard to the parking reduction, the rental
complex has provided their required parking as has the single family and the duplex. He
stated there was a special action for a reduction in the senior housing based upon some
studies they provided to provide approximately 1.2 spaces per unit. Mr. Dorling stated
there is information that senior facilities generate a lower parking requirement but that
has to be consummated by the Site Plan Review and Appearance Board (SPRAB) when
they go through the site plan process. Mr. Dorling stated the high generators such as the
rental complex are providing the parking.
Mr. Hartman stated the $2.7 million that Roundstone Development will be
requesting from the Community Redevelopment Agency (CRA) is in the form of a loan
which will be paid back in full and is not a grant. He stated they have 329 parking spaces
for 144 units for family; 86 parking spaces for 25 houses on the "for sale"; and they need
as little as a half a space per unit for the elderly housing. Mr. Hartman stated their studies
provided to the City showed there is only one day a year that there is a parking problem
with elderly housing on Mother's Day. Mr. Hartman stated with regard to income limits,
a family of four can make $44,000.00 a year and live in this development. He stated they
are incorporating all the same conditions that were imposed on the Villages at Delray.
Mr. Carney stated he wants to make sure that all the same undertakings
were completed by the developer here that was undertaken by the developer in the
Villages at Delray project.
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Mrs. Gray asked what the price range will be per month for the rental
properties. Mr. Hartman stated these will range from $600.00- $900.00 for the 4-
bedrooms. Mrs. Gray stated she is happy to hear that the developer is going to comply
with the conditions that the Commission has set forth and feels it is important to keep
with the standards that the Commission has imposed on the other developer. Mrs. Gray
stated she has spoken to several residents in the area and their number one concern is
about security and safety not only for the residents inside the development but for the
residents outside as well. Mrs. Gray asked if the community is going to be gated. Mr.
Hartman stated one of the conditions is that the community be gated.
Mr. Frankel commented stated with regard to the CPTED and stated the
language says it is similar to Auburn Trace and stated similar is not same. Officer
Wesner stated what he meant to indicate that they are not completely identical
developments. For example, Mr. Wesner stated Village of Delray has 25 different
cameras around the development and he would expect with Village Square since there are
more units that more cameras will be needed. Mr. Wesner stated you can put up ten foot
fences and lots of lights but if you do not have gates and access control then you will
have the same situation that the City had in Auburn Trace and Carver Estates. Mr.
Frankel stated he does not feel every concern has been met by the developer.
The City Manager stated this will be addressed at the site plan level. Mr.
Dorling stated this is a conditional use and is for the density issue only. Mr. Dorling
stated all those details and plans that Officer Wesner needs are a part of the site plan
process which has not begun yet.
Mayor McDuffie stated the CPTED requirements are crucial to his
approval and is glad that Mr. Hartman is working is working with Officer Wesner.
Mayor McDuffie stated the work that Officer Wesner and the Police Department have to
do cannot all be done until his has a site plan. Mayor McDuffie stated he agrees that we
two almost identical projects side -by -side and they need to have identical requirements so
that we can ensure the safety of the residents of that area.
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 subject to the thirty -four (34)
conditions listed in Exhibit "A ", seconded by Mr. Carney. 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.
9.B.1. WAIVER REQUESTS/ VILLAGE SQUARE: Consider approval of
waiver requests to Land Development Regulations (LDR) Section 4.6.9(D)(2),
"Provisions for Ingress and Egress ", which requires that parking spaces enter and exit in
a forward manner on travel ways exceeding 200 ADT (Average Daily Trips) and to Land
Development Regulations (LDR) Section 4.3.4(K), "Development Standards Matrix ", to
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allow changes to the lot sizes. (Quasi- Judicial Hearing)
Mayor McDuffie asked the Commission to disclose their ex parte
communications. Mr. Frankel stated he had communications with Cito Begurinstein.
Mrs. Gray stated she had communications with Cito Begurinstein, Dr. Victor Kirson, and
staff. Mayor McDuffie and Mr. Carney had no ex parte communications to disclose.
Paul Dorling, AICP, Director of Planning and Zoning, stated this proposal
is to waive two sections of the Code; one relates to the requirement that parking spaces
enter and exit in a forward manner on travel ways exceeding 200 average daily trips. He
stated there are certain areas where the main drive isle and circulation for the
development is buffered by parking spaces on each side. Mr. Dorling stated staff worked
with the developer in trying to provide for significant recreation amenities and staff
believes that in this isolated situation it is better to balance and get more recreation
components and have a waiver request to that portion of the Code which requires that
parking spaces not back out into that roadway. Mr. Dorling stated with regard to the
second waiver he stated it is split down the middle, it will have alley access to the rear,
and these houses will be fronting onto the street. He stated there was dedication required
for a former plat which reduced the width of this lot to 195 feet. Mr. Dorling stated the
100 foot is provided on these lots but is requested to be reduced to 95 feet. Also, he
stated there are some requests for lot size and width; and, there is some relief to the two
lots on the corner which meet the 60 feet but the corner lots are required to be 80 feet.
Mr. Dorling stated staff recommends approval of both waivers to the back out parking,
lot width size and lot depth.
At its meeting of July 18, 2011, the Planning and Zoning Board
considered this as part of the conditional use and recommended in favor of each of the
waivers with a 5 to 0 vote.
Michael Hartman, Roundstone Development, LLC (Applicant and
Developer of Village Souare), 1370 Taurus Court, Merritt Island, FL 32953, stated
with regard to the waiver on the parking and family development this is the same type of
parking that was approved at Village of Delray. Mr. Hartman stated they have 329
spaces on the family development and worked with the City to get this design where they
have 159 of the spaces off the streets and on the east side it does not exceed the 200 ADT
(Average Daily Trips). He stated most of the CLT lots are in the 6,000 square foot range.
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.
Dr. Victor Kirson, D.D.S., P.A., 2050 Alta Meadows Lane #2110,
Delray Beach, FL 33444 (President of the Board of Directors of Tierra Verde at
Delray Beach), stated he has been watching this for 1 1/2 years and when this first started
there were four developers that gave a presentation. Dr. Kirson stated at the end of the
presentation with a financial advisor at his side he noted that they would not get the
money and it is 1 t/2 years later and they still do not have the money. Dr. Kirson stated at
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the Planning and Zoning meeting he stated they do not have the money and the replied
that if they did not get the money they would not do it. He stated this is hundreds of
hours and thousands of dollars' worth of time and they still have nothing.
There being no one else from the public who wished to address the
Commission regarding the waiver requests, the public hearing was closed.
Mr. Hartman gave the following rebuttal:
Mr. Hartman stated the process started last April with four developers and
Roundstone Development was not selected until the August Board meeting and they did
not have their master developer agreement in place until November. Mr. Hartman stated
part of their financing they are applying for from the State and that cycle is opening on
September 8, 2011 and they will know next May if they have that for the family phase.
He stated they are currently working with the County, City and private lenders on the
financing for the elderly phase. Mr. Hartman stated they have to bring together a
construction lender, a permanent lender, they have to ask the CRA for GAP financing,
and they have to sell the tax benefits. He stated they are moving forward and estimate
that they would start on the elderly phase on April 1, 2012. Mr. Hartman stated they are
also meeting with the homeowners' associations Thursday night at 6:30 p.m.
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. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 4 to 0
vote.
At this point, the time being 7:18 p.m., the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
10. PUBLIC HEARINGS:
10.A. PUBLIC COMMENTS/FY 2012 PROPOSED BUDGET: The City
Commission will hear public comments, if any, regarding the FY 2012 Proposed Budget
at this time.
Mayor McDuffie stated if anyone from the public would like to speak on
the fiscal year 2012 proposed budget, to please come forward at this time.
Dr. Victor Kirson, D.D.S., P.A., 2050 Alta Meadows Lane #21102
Delray Beach, FL 33444 (President of the Board of Directors of Tierra Verde at
Delray Beach), stated according to the auditor the City came through the 2010 Budget
after we cart drastic income of Police and Fire with a $1.4 million surplus. This year's
budget after the City withdrew $3.3 million from the reserves it cleared. Dr. Kirson
stated if the City comes through with $3.1 million from a $65.00 fire assessment this year
is clear without doing anything else and asked why the City still has the Police
Benevolent Association (PBA) at Impasse. Dr. Kirson asked why Impasse is not dropped
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and why is a new set of negotiations started in October without entering into any pension
or without cutting any services. He asked if the City can get $3.1 million with the fire
assessment then why the City can't get $3.1 million for the PBA. Dr. Kirson suggested
that $5.00 or $10.00 a month added on to the water bill equally amongst every resident to
make it fair so that Police benefits would not have to be touched.
Christina Morrison Pearce, 2000 South Ocean Boulevard #307,
Delray Beach, FL 33483, stated this is a very well -run city and if there are any
shortcomings we have it is with the income - producing issues. Ms. Pearce stated for so
long the City relied so heavily on property values that were skyrocketing for the last
couple of decades until recently when that came to a screeching halt and now we have to
look at all income sources. Ms. Pearce stated the City has also had several franchise fees
and user fees that have also started to decrease recently. She stated the Financial Review
Board and the Financial Task Force pointed out issues such as the cemetery and there is
still income that we are not collecting, fire - rescue charges, parks and recreation still 14%
of the budget and only generating 1% of the income, the City is not charging enough for
non - residents who use our services. Ms. Pearce stated sidewalk cafe fees and valet
parking fees appear to be too low because there are so many of them. She stated the Gulf
Stream Fire- Rescue fees may not be adequate; the FRB feels the tennis center is under
marketed. Ms. Pearce stated she is not opposed to the fire assessment fee unless it is
going to be onerous for the City's commercial properties. However, it is a small fee for
the residences she would support because it would spread the tax burden throughout the
city who are not paying anything. She stated the parking study has been done for a year
and nothing has been implemented although the Financial Review Board (FRB) reviewed
it and made recommendations. Also, Ms. Pearce stated we are inviting people to eat
dinner shop, and stroll but limiting them to two hour parking and suggested that this be
raised to 3 -4 hours.
There being no one else from the public who wished to speak on the 2012
proposed budget, the public hearing was closed.
10.11. ORDINANCE NO. 20 -11: Consider a 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 increase the parking requirements for restaurants in a part of
those districts.
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 ", AND
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SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC
ARTS DISTRICT (OSSHAD) ", SUBSECTION (G),
`SUPPLEMENTAL DISTRICT REGULATIONS ", TO
INCREASE THE PARKING REQUIREMENTS FOR
RESTAURANTS; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
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. 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 is a city -
initiated amendment to the LDRs that will remove the current parking incentive enjoyed
by restaurant uses along Atlantic Avenue from Swinton Avenue to S.E. and N.E. 5t'
Avenue. In 1993, the parking requirements for restaurants in the original DDA was
implemented at six spaces per 1,000 and this is half of the requirement for restaurants
elsewhere in the city where the requirement was and still remains at 12 spaces for the first
6,000 square feet and 15 spaces for each 1,000 square over that 6,000 square feet. Mr.
Dorling stated this does not prohibit restaurants in this area but removes the incentive to
locate them in areas where there is already an overabundance of them. This incentive has
been extremely successful and is no longer needed. He stated there has been an ongoing
concern for several years and the diversity of uses and its key role in developing a
sustainable community has been identified in documents like the Downtown Master Plan
which the City Commission adopted in March 2002 along with a Cluster Study that was
done in July 2005. Both of these documents stress the importance of a mix of uses that
serve the needs of local residents and create a mixed use district with a range of housing
options, unique goods and services, entertainment, and recreational and cultural
opportunities. The Cluster Study went one step further and emphasized a theme of art
and galleries and broadening the mix of retail without adding new restaurants. Within
Cluster 4 it was identified that there was a proliferation of restaurant uses when it was
written in 2005. Mr. Dorling stated some would argue that the Cluster Study was never
adopted by the City Commission and therefore valid conclusions reached within it should
be discounted. Mr. Dorling stated the recommendations of the retail and real estate
research firm should be taken seriously and should be considered at this time. This report
identified concerns over a mix of restaurants and at that time was 39% and a retail mix of
41%. Staff documented the uses within this area today and the current percentages of
businesses that are restaurants are actually now at 56% for the north side and 63% at the
south side. Mr. Dorling stated if you add the cafes into the restaurant category these
numbers increase to 70% of the uses on the south side and 63% on the north side. He
stated this is a concern over the lack of diversity particularly if 39% created that concern
six years ago. Mr. Dorling stated he sees no need to continue the incentives that
restaurants currently enjoy in this area. He expressed concern that if we do not begin to
implement changes like this one all of these spaces will eventually be converted and we
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will be too late to maintain any diversity within this six block area.
At its meeting of June 13, 2011, the Downtown Development Authority
(DDA) reviewed the item and recommended approval; at its meeting of June 14, 2011,
the West Atlantic Redevelopment Coalition (WARC) reviewed the item and
recommended approval; at its meeting of June 20, 2011, the Planning and Zoning Board
considered a much larger amendment and they recommended approval of this reduced
area; at its meeting of June 9, 2011, the Community Redevelopment Agency (CRA)
recommended that P &Z work with CRA staff to incorporate this amendment with other
parking changes such as reductions for offices, etc. There were also questions
concerning whether or not doubling of the requirements was too much of a change, and if
the area subject to the increase might be changed; at its meeting of June 1, 2011, the
Pineapple Grove Main Street (PGMS) Committee reviewed the item and felt that we
should take a different approach which in fact would have required 1,000 square feet of
restaurant to provide four spaces more rather than six which is being proposed (removing
the incentive). Staff recommends approval at this time to remove the incentive.
Mayor McDuffie declared the public hearing open.
Fran Marincola, Downtown Development Authority (DDA), stated
there are two studies that show we have enough restaurants in this particular Cluster. Mr.
Marincola stated this ordinance is not a disincentive for restaurants but it is an incentive
for retail.
Gail -Lee McDermott, 721 S.E. Yd Avenue, Delray Beach, FL 33483
(15 year veteran of numerous charettes, workshops,_ board meetings, 12 year past
President of the Osceola Park Neighborhood Association and currently a member of
the Neighborhood Advisory Council), speaking as a citizen of her hometown she lives
in walking distance of Atlantic Avenue and has numerous northern guests. She stated
they tell friends and colleagues that their holiday will be in Delray Beach that has a real
downtown where there are interesting shops to buy things and great restaurants. Ms.
McDermott stated Delray has a density that she fought against in the past and noted those
people are here. She stated sometimes they probably enjoy the restaurants but they have
their own kitchens. She stated they are sure to get into their cars and drive to the fixture
Wal- Mart in Boynton or Town Center in Boca.
Steve Cohen, 1140 Bauhinia Road, Delray Beach, FL 33483 (lived
here since 1982), stated he practices law and raised a family here. Mr. Cohen stated it
has taken 18 -20 years to build a momentum that Atlantic Avenue has now that it draws
people here for the restaurants. He stated the retail is not failing because the restaurants
are doing well but the retail is faltering is because big boxes, the economy and spending
habits, and from the intemet (i.e. bookstores and DVD sales mostly online). He stated
people shop online to avoid sales tax and to have the convenience of it delivered to their
home but they cannot eat or drink online. Mr. Cohen Mr. Cohen stated he has been
working hard to get the corner of 2nd and Atlantic Avenue cleaned up so that it can draw
people both north and south of the Avenue. He stated he recently acquired the VFW and
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has a found tenant to go in there. Mr. Cohen stated he and his tenant have invested a lot
of money into this. He stated he put $1.2 million into the building and his tenant is going
to put $1.5 million into the building. Mr. Cohen stated as they were doing their research
this ordinance as written came out June 20, 2011. He stated he has been working on this
project for a long time and he has been relying on the regulations that were in affect to do
this project. Mr. Cohen stated the City published this on June 20, 2011 and gave him a
28 day notice before the first hearing. He stated this is fundamentally unfair and people
such as him make economic decisions based on the long history of the prior ordinance.
Mr. Cohen stated it takes a long time to arrange this kind of funding and find the tenants.
Mr. Cohen stated this change is so radical to them that they are going to lose the tenant
for that building, lose the $1.5 million that he is going to put into it, and they are going to
lose the 75 jobs that he brings to this town. He stated this ordinance does not incentivize
retail but instead punishes restaurant developers. Mr. Cohen urged the City Commission
to deny this ordinance and reexamined and see if the City can come up with a balance
that incentivizes both the retail and office component.
Jeffrey Lynne, Attorney with Weiner & Lynne, 10 S.E. I ' Avenue,
Delray Beach, FL 33444 (sneaking as a business owner /nronerty owner, been
involved with land use for 15 years and is an active member of the Urban Land
Institute, the U.S. Green Building Counsel and many other community development
type of organizations including the Chamber of Commerce), asked where is the
package to incentivize retail. Mr. Lynne stated we need to live in the now -need to bring
in a mix of uses but do it creatively. He urged the City Commission to vote against "no"
on this tonight, have it be brought before them in a full package, and then evaluate it
through all committees.
Bruce Gimmy, 12 Ocean Avenue, Ocean Ridge, FL 33435, stated there
are restaurants that are now going out of business and Delray Beach is getting a
reputation that there are too many restaurants. Mr. Gimmy stated something needs to be
done about the sidewalk cafes. He stated we must consider the motives and urged the
City Commission to do what is right for Delray Beach.
Andy Katz, 220 South Ocean Boulevard, Delray Beach, FL 33483,
stated he would like to support City staff and sees two main issues involved in this topic;
one is the issue of quality of life and the other is the issue of incentives. Mr. Katz stated
with regard to the quality of life we need all the variety of a small city and in order to be
vibrant we need a multi -use vibrant core with Atlantic Avenue being that core (i.e. retail,
offices, services, galleries, and restaurants). He stated the incentives have worked
extremely well over the years and when the incentives are in place they need to support a
specific public welfare objective. Mr. Katz stated he visits the restaurants on Atlantic
Avenue but they cannot be the only thing on the Avenue. He suggested eliminating
incentives that take us away from multi -use.
Marjorie Ferrer, 1420 North Swinton Avenue, Delray Beach, FL
33444 (Executive Director of the Downtown Development Authority and has lived in
Delray Beach for two decades), stated in 1993 the downtown was not what it is today
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and noted there were many boarded up buildings, the window covering of choice was
either plywood or hurricane shutters, there were less than 10 restaurants, and the art
galleries filled many empty retail spaces. Ms. Ferrer stated the DDA, City
Commissioners, the Chamber of Commerce, and the CRA had a unique chance to help
guide the vacant downtown into a thriving area within the vision set forth by our
community. Ms. Ferrer stated the vision was to retain the charm of the "village-by-the -
sea". Ms. Ferrer read a brief statement into the record and urged the City Commission to
guide the downtown development goals in order for Delray Beach to remain a choice
destination location for locals and visitors.
Michael Weiner, Attorney with Weiner & Lynne, P.A., 10 S.E. l"
Avenue, Delray Beach, FL 33444, briefly discussed the Cluster Study and urged the
City Commission to not pass this ordinance tonight.
There being no one from the public who wished to address the
Commission regarding Ordinance No. 20 -11, the public hearing was closed.
Mr. Frankel thanked everyone for their comments and stated he has heard
from many residents and business owners even outside this meeting. Mr. Frankel stated
everyone's goal is that they want to maintain diversity on Atlantic Avenue. He stated he
does not support converting retail to restaurant. Mr. Frankel stated he agrees that we
have to look at the downtown but is not convinced that this ordinance does it. Mr.
Frankel stated we want to incentivize retail but we do not want to kill the restaurants. He
stated going to 12 spaces is a little extreme and therefore cannot support.
Mrs. Gray stated the ordinance as it is written today has accomplished
what it has set out to do. She stated visionaries, previous Commissioners, and staff years
ago saw a need for it and it has done what it has needed to do. Mrs. Gray supports the
restaurants and retail because she feels they are both equally important. However, Mrs.
Gray stated Cluster 4 is saturated with restaurants and suggested if the City were to
sunset it, that restaurants would look at Pineapple Grove and other areas of Atlantic
Avenue.
Mr. Carney thanked staff for all their hard work and asked why the one
tract is excluded. Mr. Dorling stated that is zoned CF (Community Facilities) and
restaurants are not allowed in the CF zoning district. Mr. Carney stated if we are going
say these tracts are going to be subject to a rule then that tract has got to be included in it
because if they decide to rezone it from its current zoning to allow
commercial /restaurant/retail then it would have to be included in the new ordinance. Mr.
Carney expressed concern over the number of spaces that we are imposing because there
have been other facilities which people have the opportunity to park now. Mr. Dorling
stated this is removing an incentive that is provided and everywhere else restaurants are
required 12 spaces per 1,000 square feet. Mr. Carney stated he is not sure 12 is the right
number given the fact that there are changes to the existing parking facilities downtown.
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Mayor McDuffie commented about "long -term economic approach" and
expressed concern that what is being done right now is that it has happened in 90 days.
Mayor McDuffie stated he wants to make certain that we maintain a vibrant Atlantic
Avenue. Mayor McDuffie stated he feels we have tried to make a decision to fix a
problem that may well exist but does not believe this is the fix. Mayor McDuffie
suggested that restaurateurs, retailers, City Commissioners, and staff members come
together and study this problem and find out what the real solution is. Therefore, Mayor
McDuffie stated he will not support this tonight.
Mr. Carney stated this needs to be seriously looked at but overall unless he
knows exactly what the numbers are he cannot support it.
Mr. Frankel stated he would like direct staff to create a Downtown Action
Committee to address this issue.
Mr. Frankel moved to adopt Ordinance No. 20 -11 on Second and FINAL
Reading, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mr.
Carney — No; Mr. Frankel — No; Mrs. Gray --- No; Mayor McDuffie — No. Said motion to
approve was DENIED with a 4 to 0 vote.
At this point, the time being 8:29 p.m., the Commission took a short break.
At this point, the time being 8:36 p.m., the Commission reconvened and
moved to Item 10.C.
10.C. ORDINANCE NO. 21 -11: Consider a city - initiated amendment to the
Land Development Regulations (LDR) that will provide additional opportunities -for
property owners to voluntarily participate in the payment in -lieu of parking program.
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 (0), "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) ",
SUBSECTION (G), "SUPPLEMENTAL DISTRICT
REGULATIONS "; SECTION 4.4.28, "CENTRAL
BUSINESS DISTRICT - RAILROAD CORRIDOR
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(CBD -RC) ", SUBSECTION (G), "SUPPLEMENTAL
DISTRICT REGULATIONS" AND SECTION 4.6.9,
"OFF- STREET PARKING REGULATIONS ",
SUBSECTION (E), "PARAGRAPH (3), "IN -LIEU
FEE "; TO EXPAND THE APPLICABILITY OF THE
PAYMENT -IN -LIEU PROGRAM; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 21 -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 Charier of the City of Delray Beach, Florida.
Paul Dorling, AICP, Director of Planning and Zoning, stated this is to
consider a city- initiated amendment to the LDRs which will provide additional
opportunities for property owners to voluntarily participate in the payment of the in -lieu
program the City has. Currently the option is available for CBD, CBD -RC, and
OSSHAD zoned properties. Mr. Dorling stated under the current regulations the in -lieu
options are specifically prohibited for any new development and any changes of use
which have occurred within two years of a Certificate of Occupancy (CO). The current
requirement that the City Commission needs to make when granting one of these requests
is a finding that it is impossible and inappropriate to provide the required number of
spaces. This amendment would allow this in -lieu option for both new development and
changes of use or increases floor area that has been made within two years of the CO.
Mr. Dorling stated additional language is added that the Commission must find that
adequate public parking is available and that the request is consistent with the LDRs, the
City's Comprehensive Plan, and all currently adopted City policies and/or studies. Mr.
Dorling stated these changes are being implemented as part of the Delray Beach Parking
Master Plan dated 2010 and that specifically identifies a desire to expand the parking in-
lieu program and that a maximum percentage of required parking be eligible for this in-
lieu relief. He stated additional language has been added which clarifies that if parking is
not and cannot be provided the in -lieu option is available. Mr. Dorling stated there is also
language that has been added that the in -lieu option would not be available for residential
developments or residential components of mixed -use developments. He stated those
options were suggested by the Downtown Development Authority (DDA) as was a
reference that we condition it on an assessment of public parking availability. Mr.
Dorling stated the last language that has been added is the establishment of a maximum
of utilization of 30% of the required parking as in -lieu and this was a recommendation of
the parking study adopted by the City Commission August 2010.
At its meeting of June 1, 2011, the Pineapple Grove Main Street (PGMS)
Committee reviewed the item and recommended approval; at its meeting of June 9, 2011,
the Community Redevelopment Agency (CRA) reviewed the item and recommended
approval; at its meeting of June 13, 2011, the Downtown Development Authority (DDA)
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considered the item and recommended approval subject to conditions to add provisions
about public parking and the reference to residential components providing their own and
those have been added to the current ordinance; at its meeting of June 14, 2011, the West
Atlantic Avenue Redevelopment Coalition (WARC), considered the item and
recommended approval; at its meeting of June 20, 2011, the Planning and Zoning Board
reviewed the item and recommended approval. Staff recommends approval of the
ordinance in its current form.
Mayor McDuffie declared the public hearing open.
Jeffrey Lynne, Attorney with Weiner & Lynne, 10 S.E. 1St Avenue,
Delray Beach, FL 33444, stated this ordinance was intended to travel with the ordinance
that the City Commission just denied (Ordinance No. 20 -11).
Fran Mairincola, Downtown Development Authority (DDA), stated this
has nothing to do with Ordinance No. 20 -11. He briefly discussed his position on the
Parking Management Advisory Board. Mr. Marincola urged the City Commission to
pass this ordinance.
Michael Weiner, Attorney with Weiner & Lynne, 10 S.E. 1St Avenue,
Delray Beach, FL 33444, stated LDR Section 4.6.4.9(E)(4) states that the in -lieu fees
will be a fee toward the construction of a public parking structure in -lieu of providing
such required parking on -site.
There being no one else from the public who wished to address the
Commission regarding Ordinance No. 21 -11, the public hearing was closed.
Mr. Dorling stated this does not go hand -in -hand with an increase of
parking for the restaurants. He stated this is a city - initiated amendment as a result of the
parking study, the requirements, and the desire of people to implement some of those
things. Mr. Dorling stated this should be tied to a standard which is that there is adequate
public parking.
Mr. Carney concurred with staff s recommendation.
Mrs. Gray stated she too supports staffs recommendation to approve.
Mr. Frankel stated even though we have a parking study that is a year old
he does not agree with everything in it. Therefore, Mr. Frankel stated he will not support
this ordinance tonight.
The City Manager stated in terms of developing a viable downtown it is a
step in the right direction.
Mayor McDuffie stated he does not agree with the entire parking study.
The City Manager stated all the money the City received for that purpose is in reserve for
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that purpose and can only be spent for providing additional parking. Mayor McDuffie
stated there have been some "out of the box" suggestions regarding the parking that
would enhance some things downtown and help us to be able to provide more in -lieu and
have some parking closer to the Avenue and not be as monumental as the garages that we
are currently looking at.
Mr. Carney moved to adopt Ordinance No. 21 -11 on Second and FINAL
Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr.
Frankel — No; Mrs. Gray -- Yes; Mayor McDuffie — Yes; Mr. Carney — Yes. Said motion
passed with a 3 to 1 vote, Commissioner Frankel dissenting.
10.D. RESOLUTION NO. 29 -11 /AGREEMENT TO EXCHANGE REAL
PROPERTY: DEPOT INDUSTRIAL CENTER, LLC: Consider approval of
Resolution No. 29 -11 which adopts and includes the Agreement to Exchange Real
Property between the City and Depot Industrial Center, LLC.
The caption of Resolution No. 29 -11 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA,
AUTHORIZING THE CITY TO EXCHANGE CERTAIN
REAL PROPERTY IN PALM BEACH COUNTY,
FLORIDA, DESCRIBED BELOW WITH DEPOT
INDUSTRIAL CENTER, LLC.; HEREBY
INCORPORATING AND ACCEPTING THE
AGREEMENT TO EXCHANGE REAL PROPERTY
STATING THE TERMS AND CONDITIONS FOR THE
EXCHANGE.
(The official copy of Resolution No. 29 -11 is on file in the City Clerk's
office.)
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.
The City Attorney stated this is the caption of Resolution No. 29 -11 as
well as an agreement to exchange real property. In 2008, the Florida Department of
Transportation (FDOT) transferred property to the City that encompasses Depot Avenue
which is along the western side of I -95 north of Atlantic Avenue and north of the historic
depot area. The City Attorney stated this agreement provides that the City will transfer
part of that property and abandon the property that is under Depot Avenue to the
developer and in exchange for that the developer will dedicate property that is along the
CSX Railroad Tracks and construct a new road for the City in the place of Depot Avenue.
The City Attorney stated the key timeframe is a four year period and once the closing
takes place on the property that the developer will have four years in order to construct
the road and if he fails to construct the road in that time period the City has the option to
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either using the bond that will be in place to finish the road or terminate the agreement.
There is also another termination provision in the agreement that if the developer allows
the site plan to expire and does not renew it and does not pull any permits the developer
as well could terminate the agreement. The City Attorney stated if this agreement is
approved tonight and the closing occurs in- between now and the time the new road is
constructed the City will have an easement over the current road and will maintain the
road.
Mayor McDuffie declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Resolution No. 29 -11,
the public hearing was closed.
Mrs. Gray inquired about the road. The City Attorney stated the City
Engineer is in favor of this because the City would get a new road in place of the old road
and he is in favor of the new location of the road as well.
Mr. Frankel moved to approve Resolution No. 29 -11 and the Agreement
to Exchange Real Property, seconded by Mr. Carney. 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.
10.D.1. RESOLUTION NO. 30- 11/DEPOT ROAD ABANDONMENT:
Consider approval of Resolution No. 30 -11; abandonment of a 3.23 acre portion of Depot
Road and a 0.04 portion of N.W. 2nd Street (a.k.a. Depot Road) lying between Interstate -
95 and the CSX Railroad, south of Lake Ida Road in conjunction with a proposed plat for
a mixed -use residential /office development named Historic Depot Square.
The caption of Resolution No. 30 -11 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, VACATING
AND ABANDONING A PORTION THE DEPOT ROAD
RIGHT OF WAY AND A PORTION OF THE N.W. 2ND
STREET (A.K.A. DEPOT ROAD) RIGHT OF WAY
LOCATED BETWEEN INTERSTATE 95 AND THE
CSX RAILROAD, SOUTH OF LAKE IDA ROAD AS
MORE PARTICULARLY DESCRIBED HEREIN,
SUBJECT TO THE TERMS AND CONDITIONS OF
THE AGREEMENT TO EXCHANGE REAL PROPERTY
BETWEEN THE CITY OF DELRAY BEACH AND
DEPOT INDUSTRIAL CENTER, LLC, WHICH
ABANDONMENT SHALL NOT BE EFFECTIVE UNTIL
THE RECORDING OF THIS RESOLUTION IN THE
PUBLIC RECORDS OF PALM BEACH COUNTY.
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(The official copy of Resolution No. 30 -11 is on file in the City Clerk's
office.)
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 is the
abandonment of 3.23 acres which is currently Depot Road as well as a small portion of
N.W. 2nd Street. Mr. Dorling stated this was part of a Class V site plan approved in 2008
for the Historic Depot Square mixed use development which includes a residential
component and approximately 90,000 square feet of office.
At its meeting of April 21, 2008, the Planning and Zoning Board reviewed
this abandonment and recommended approval with a 7 to 0 vote.
Mayor McDuffie declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Resolution No. 30 -11,
the public hearing was closed.
Mr. Carney moved to approve Resolution No. 30 -11, 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.
10.D.2. FINAL SUBDIVISION PLAT APPROVAL/DEPOT INDUSTRIAL
CENTER, LLC: Consider approval of the final plat for a 14.29 acre mixed -use
development being platted as Historic Depot Square located between Interstate -95 and
the CSX Railroad, south of Lake Ida Road.
Paul Dorling, AICP, Director of Planning and Zoning, stated this is the
related final plat for approximately 14.29 acres for the historic mixed use development
which includes 296 residential units including 74 workforce units and 90,135 square feet
of professional office space.
At its meeting of April 21, 2008, the Planning and Zoning Board reviewed
the plat and recommended approval with a 7 to 0 vote.
Mayor McDuffie declared the public hearing open. There being no one
from the public who wished to address the Commission regarding the Final Subdivision
Plat, the public hearing was closed.
Mrs. Gray moved to approve the Final Subdivision Plat for Historic Depot
Square, 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.
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10.E. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
CONSOLIDATED ANNUAL ACTION PLAN FY 2011- 2012: Consider approval of
the CDBG Consolidated Annual Action Plan FY 2011 -12 as required by the United
States Department of Housing & Urban Development (HUD) for utilization of federal
grant funds.
Lula Butler, Director of Community Improvement, stated this is a public
hearing and approval for the Annual Action Plan for fiscal year 2011 -2012 as required
under the United States Department of Housing & Urban Development (HUD) rules to
utilize grant funds. Mrs. Butler stated the rules require that the City hold at least two
public hearings. The first public hearing was held on May 16, 2011 hosted by the
Neighborhood Advisory Council (NAC). The public could make comments and the City
advertised 30 days prior to this meeting to give the public a chance to review the plan and
made it available at the Neighborhood Resource Center, the City's Library, City Hall, and
online.
Mr. Carney stated the City's grant this year went down to $523,611.00.
Staff is proposing 20% of that for administration costs; housing rehabilitation
$265,000.00; public facilities for providing sidewalks throughout the residential
neighborhoods $75,000.00; public service $78,500.00; and public service is capped at
15% of the annual grant for a total of $523,611.00.
Mr. Carney asked what the grant was last year. Mrs. Butler stated the
grant last year was $650,000.00.
Mr. Frankel moved to approve the Consolidated Annual Action Plan for
fiscal year 2011 -2012, 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.
10.F. ORDINANCE NO. 25 -11: (FIRST READING /TRANSMITTAL
HEARING FOR COMPREHENSIVE PLAN AMENDMENT 2011 -1): Consider on
first reading an ordinance adopting Comprehensive Plan Amendment 2011 -1 and
associated Future Land Use Map (FLUM) amendments, and authorize transmittal to the
State Land Planning Agency.
i. Future Land Use Element — City initiated text amendment
adding Policy A -5.4 to require the building and site designs
for all development and redevelopment projects to
incorporate Crime Prevention Through Environmental
Design (CPTED) standards to the greatest extent possible.
ii. City initiated Future Land Use Map (FLUM) amendment
from County INST /8 (Institutional with an underlying
Residential of 8 units per acre to City CF (Community
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Facilities) for Lago Vista, located at the southeast corner of
Linton Boulevard and the Lake Worth Drainage District
(L),VDD) E -3 Canal.
The caption of Ordinance No. 25 -11 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
ADOPTING COMPREHENSIVE PLAN AMENDMENT
2011-1, PURSUANT TO THE PROVISIONS OF THE
"COMMUNITY PLANNING ACT ", FLORIDA
STATUTES SECTION 163.3161 THROUGH
163.3248, INCLUSIVE; ALL AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A"
ENTITLED "COMPREHENSIVE PLAN AMENDMENT
2011 -1" AND INCORPORATED HEREIN BY
REFERENCE; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
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.
Mayor McDuffie declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 25 -11,
the public hearing was closed.
Paul Dorling, AICP, Director of Planning and Zoning, stated this is
approval of Ordinance No. 25 -11, first reading of Comp Plan Amendment 2011 -1. The
City Commission initiated this Comprehensive Plan Amendment on July 5, 2011. Mr.
Dorling stated the Comp Plan Amendment includes two items; one is a city - initiated
future land use map amendment and one city - initiated text amendment. He stated the text
amendment is to add Policy A -5.4 that requires building and site designs for all
development and redevelopment projects in the city to incorporate crime preventions
through environmental design standards to the greatest extent possible. Currently that
language exists in the LDRs but it is under the CBD (Central Business District) zone
district and this adds it as a policy for all development in the city. The Future Land Use
Map amendment is a map change associated and is being done concurrently with the
annexation of Lago Vista.
After first reading, staff will submit this to the State and it will be back
before the Commission for final reading September 20, 2011.
At its meeting of July 18, 2011, the Planning and Zoning Board
considered this and no one from the public spoke and the Board recommended approval
I. EI
with a 5 to 0 vote.
Mayor McDuffie stated if anyone from the public would like to speak in
favor or in opposition of Ordinance No. 25 -11, to please come forward at this time.
There being no one from the public who wished to address the Commission regarding
Ordinance No. 25 -11, the public hearing was closed.
Mr. Frankel moved to approve Ordinance No. 25 -11 in accordance with
the recommendation that is stated in the Planning and Zoning staff report, 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.
10.G. ORDINANCE NO. 24-11: Consider an ordinance amending the historic
district classification for 32 East Atlantic Avenue from non - contributing to contributing.
(THE REQUEST TO HAVE THE PROPERTY RECLASSIFIED HAS BEEN
WITHDRAWNBY THE PROPERTY OWNER)
Mr. Frankel moved to approve Ordinance No. 24 -I1, seconded by Mrs.
Gray. Upon roll call the Commission voted as follows: Mayor McDuffie — No; Mr.
Carney — No; Mr. Frankel — No; Mrs. Gray — No. Said motion to approve Ordinance No.
24 -11 was DENIED with a 4 to 0 vote.
At this point, the Commission moved to Item 11.B., Comments and
Inquiries on Non - Agenda Items from the Public.
11.13. From the Public.
None.
At this point, the Commission moved to Item I LA., City Manager's
response to prior public comments and inquiries.
11.A. City Manager's response to prior public comments and inquiries.
None.
At this point, the time being 9:11 p.m., the Commission moved back to
Item 9.C. of the Regular Agenda.
9.C. CONSIDERATION OF AN APPEAL /THE OFFICE
RESTAURANT: Consider an appeal to renew the Sidewalk Cafe permit with tables
adjacent to the curb for The Office Restaurant, located at 201 East Atlantic Avenue.
(Quasi - Judicial Hearing)
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Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor McDuffie asked the Commission to disclose their ex parte
communications. Mr. Frankel stated he has spoken with Mr. Jeffrey Lynne, the City
Attorney, and Rich Jones. Mrs. Gray stated she spoke to Mr. Lynne, Mr. Weiner, and the
City Attorney. Mayor McDuffie stated he spoke with the Mr. Lynne, Mr. Weiner, and
the City Attorney. Mr. Carney stated he spoke with the City Attorney, staff, and Mr.
Lynne.
Al Berg, Assistant Director of Community Improvement, stated this
item is an appeal filed by Mr. Jeffrey Lynne on behalf of The Office Restaurant at 201 E.
Atlantic Avenue, denying a sidewalk cafe permit application for fiscal year 2011/2012.
The appeal is filed according to LDR Section 6.33(J). The Office Restaurant,
constructed in 2007, was allowed to open under the old LDR ordinance. Mr. Berg stated
new regulations that were adopted on November 2, 2010 require a two foot setback along
the travel ways (N.E. 2nd Avenue). These new regulations were adopted for public safety
and after consideration of pedestrian flow. Mr. Berg stated the City has received some
complaints from the Pineapple Grove people that this appears to be somewhat congested
as people travel to Pineapple Grove. He stated with the present configuration The Office
would not meet the two foot setback that would be required on N.E. 2nd Avenue. Mr.
Berg stated there would be only 11 feet from the wall to the edge of the curb so there
would be a safety concern. Staff recommended a change in the ordinance and has the
two foot setback from the roadway. The current sidewalk width does not allow for the
passageway and N.E. 2nd Avenue can get cluttered with extra umbrellas and space
heaters. Mr. Berg stated other things have been asked for from other restaurants and they
have been denied. Therefore, staff recommends that the City Commission deny the
appeal.
At this point, Mr. Berg submitted the file and the Attorney Brief into the
record.
Jeffrey Lynne, Attorney with Weiner & Lynne, 10 S.E. 1" Avenue,
Delray Beach, FL 33444, stated the question is whether the City can refuse to renew The
Office's 2011/2012 sidewalk cafe permit based upon a change in the law after its owner
Mr. David Manero had previously incurred significant expenses in good faith reliance on
the City when designing the seating configuration. Mr. Lynne stated he hopes the
Commission agrees that the answer is "no ". Mr. Lynne stated Mr. Manero's concept for
The Office was to create an outdoor dining experience to the maximum extent possible.
In 2009, Mr. Manero brought this conceptual design for The Office's interior and exterior
seating to the City to determine whether staff could support his design and the primary
concern was the seating design. Mr. Lynne stated in 2009 credit was tight, banks were
not lending, and Mr. Manero used his own money and risked his own capital to
incorporate what is now considered to be one of the finer establishments on the Avenue.
He stated construction began and the formal sidewalk permit applied for. In September
2009, Mr. Manero prepared the required documents, obtained the necessary insurance
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and submitted his formal application for a sidewalk cafe permit. Mr. Lynne stated The
Office is a moderately priced food driven restaurant and its primary design is to bring the
inside to the outside and the concept is to be a friendly neighborhood gathering spot for
dining public where patrons can sit at the inside/outside food counter. Mr. Lynne stated
Mr. Manero has spent more than $3 million to upgrade this important corner (Atlantic
Avenue and Pineapple Grove) and would not have been undertaken without approval of
the sidewalk cafe as approved. Mr. Lynne urged the Commission to approve the
sidewalk cafe permit be issued in accordance with the plan as previously approved by the
City of Delray Beach and stated time is of the essence. Mr. Lynne briefly spoke about
the aesthetics of the restaurant and stated the existing configuration is a safer design at
this location by acting as a natural barrier preventing people from otherwise "jaywalking"
into the street. Mr. Lynne stated December 2009 Lula Butler, Director of Community
Improvement, expressed concern to Mr. Manero where she stated that it was important
for pedestrians to have this five (5) foot access otherwise they will be forced into the
travel lane which would be an unacceptable situation.
Michael Weiner, Attorney with Weiner & Lynne, 10 S.E. 1t Avenue,
Delray Beach, FL 33444, stated much effort and time went into establishing The Office
Restaurant and confirming the real property rights that were available and continue to be
available for this restaurant so that it can operate in the manner that it operated in. Mr.
Weiner stated there is no testimony that states no automobile can slow down in a two feet
linear fashion that would save any life in any way or in any manner. He briefly spoke
about vested rights.
Mayor MCDuf e stated if anyone from the public would like to speak in
favor or in opposition of the appeal, to please come forward at this time.
Christina Morrison Pearce. 2000 South Ocean Boulevard #307.
Delray Beach, FL 33483, stated her best friend is blind and she has a four year old
grandson and her baby carriage is less than two feet wide and she never fits down the
sidewalk when the chairs are in use. Ms. Pearce stated every picture that was shown
shows the chairs empty and the bar empty. She stated when people are sitting on the
barstools and when the chairs are being used by patrons you cannot walk down the
sidewalk because you are forced into the street.
Alice Finst, 707 Place Tavant, Delray Beach, FL 33444, asked the
Commission to remember what happened at 32 East last year and urged them to
remember this when they take their vote this evening.
The following individuals gave brief rebuttals:
Mr. Berg stated there is the encroachment of tables and chairs when
people are there and noted the legal right to the use of this sidewalk is not vested by
someone's having private property adjacent to it. He stated the vesting comes from the
public access. Mr. Berg stated the City never vested that sidewalk to the restaurant at any
time but instead allowed them to operate under a permit and the permit rules changed.
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Mr. Berg stated all of Mr. Lynne's citations that he has used in that brief deal with private
property, building permits, and development rights and not one deals with public
property. Mr. Berg reiterated that this is public property and it does not belong to The
Office restaurant.
Mr. Weiner stated if there are Code Enforcement problems where there are
difficulties they should be dealt with on a Code enforcement level. He stated there has
never been a Code Enforcement action against The Office because when there were
complaints Mr. Manero was responsive and made sure they were taken care of. Mr.
Weiner stated they do not claim the sidewalk but claim the configuration that they are
allowed to place on it in the same manner that someone has ingress /egress to an alley and
you cannot take it away from them. He stated there is competent substantial evidence
and all elements are met.
Mr. Carney stated he is not convinced that the good faith reliance in
designing the seating configuration as creating the vested right and believes it is
distinguished because it is public property. Mr. Carney stated if you go through the
original documents that were submitted they do not show the original tables outside when
this restaurant was first approved and the construction permits were first issued in the
development of and the opening of that wall. Mr. Carney reiterated that he does not
believe they have gained a vested right over public property in this case and as presented
in this appeal he cannot support it.
Mrs. Gray stated she is happy to see that the timeline has been clarified.
She stated she knows there have been some issues with pedestrians being able to walk on
the sidewalks especially during season when there are a lot of visitors and tourists here.
Mrs. Gray stated she is glad to see that the City has rules in place for sidewalk cafes in
place now.
Mr. Frankel stated he has reviewed Mr. Lynne's memorandum of law in
support of the appeal, has spoken at length with Mr. Lynne and Mr. Weiner, has spoken
with the City Attorney on numerous occasions about this issue, has now heard testimony
from the public, and has now heard from staff and read their memorandum. Based on the
evidence presented, Mr. Frankel stated he supports staff's recommendation for the denial
of the appeal.
Mayor McDuffie stated the City has had a problem with sidewalk cafes up
and down Atlantic Avenue and we need to have rules for the entire Avenue and any other
place there is a sidewalk cafe. He too supports denying the appeal.
Brief discussion continued between the Commission and the City Manager
regarding the tables being within two feet of the curb.
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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08/02/11
Mr. Frankel moved to adopt the Board Order which denies the appeal),
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.D. PROPOSED AMENDMENT NO. 1 TO THE INTERLOCAL
AGREEMENT /TOWN OF GULF STREAM/FIRE RESCUE
SERVICES: Consider Amendment No. 1 to the Interlocal Agreement with the Town of
Gulf Stream to provide for an increase in the fee paid to the City based upon the Town's
annexation of additional property.
The City Attorney stated the City has entered into an Interlocal Agreement
with Town of Gulf Stream July 2009. After that time, a certain area was annexed which
is depicted in the amendment. He stated based on that the City has determined that
would result in an increase in the fee that we could charge Gulf Stream.
The City Manager stated he wanted to make some comments because of
the issues that Mr. MacNamee had raised and one of questions that he and Commissioner
Carney have had some discussion about is when should this start (the effective date of
the annexation or at the beginning of the fiscal year). He stated because Gulf Stream
chose to make the annexation effective March 15th the City will receive the building
permit fees on this new condominium building which will be approximately $240,000.00.
The City Manager stated the agreement calls for the City to notify Gulf Stream in July of
what their fee will be for the upcoming year. The City Manager stated the other issue
that Mr. MacNamee raised is the basis for the calculation and whether it should be based
on population or based on the number of dwelling units. The City Manager stated when
the original agreement was put together the City decided to base it on population because
Gulf Stream is almost entirely residential so when figuring out a per residential unit cost
for service it was difficult to figure out because a lot of Delray's costs are driven by
providing fire protection for commercial and industrial uses. The City Manager stated
this is why Delray Beach decided to base it on population and the other reason is that
approximately 85% of the runs the Fire - Rescue Department makes are medical runs
which are population driven not dwelling unit driven. The City Manager stated Mr.
MacNamee raised an issue about whether they should pay in the current year for the
additional cost. The City Manager stated he has had discussions with Mr. Thraser about
that and for them $37,000.00 is a significant part of their budget and for the City of
Delray Beach it is a very tiny part. The City Manager stated he sees no harm to Delray
Beach in delaying that permit until the next fiscal year until they actually start receiving
revenue from the property they have annexed.
Mr. Carney stated he is happy that this is calculated based on population.
Mrs. Gray stated she is happy that the town of Gulf Stream has chosen the
City of Delray Beach to partner with this Interlocal Agreement and supports staff's
recommendation.
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08/02/11
The City Manager stated the City of Delray Beach has had a long- standing
relationship with the Town of Gulf Stream and noted that we sell them water, provide
their police dispatch, and provide their fire- rescue service.
Mr. Frankel stated he was not in support of this the first time around and
noted lie would like to stay consistent and not support this evening.
Mr. Carney stated he is happy that the contract has been modified and that
we are starting off with a higher base for next year against which the 5% will be applied
against the higher number in 2013. Mr. Carney stated fundamentally the City should get
paid for the time we are doing it and that we would like to revise the contract to date we
started providing service.
Bill Thrasher, City Manager of Gulf Stream, stated he would like to
make sure that the idea of the permits is properly considered. Mr. Thrasher stated they
did not know if the annexation would pass until they were notified by the Supervisor of
Elections. Mr. Thrasher stated he conscientiously moved to obtain those permits for the
Town of Gulf Stream which ultimately meant Delray Beach.
Mayor McDuffie stated modifying the beginning date to March 15, 2011
is fair.
Mr. Carney moved to approve Amendment No. 1 to the Interlocal
Agreement with the Town of Gulf Stream with the start date of March 15, 2011 and that
those payments can be deferred, seconded by Mrs. Gray. Upon roll call the Commission
voted as follows: Mr. Frankel — No; Mrs. Gray — Yes; Mayor McDuff e — Yes; Mr.
Carney — Yes. Said motion passed with a 4 to 0 vote.
The City Manager stated staff will modify the agreement and transmit it to
the Town of Gulf Stream for their consideration and it would come back to the City
Commission for final approval.
9.E. APPOINTMENT OF PERSON TO FILL UNEXPIRED TERM OF
COMMISSIONER FETZER: Consider appointment of a person to fill the unexpired
term of Commissioner Fetzer (Seat #2) until the March 13, 2012 Municipal Election.
Mayor McDuffie stated he has 10 resumes out of the 11 people and has
not interviewed anyone.
Mr. Carney stated he just returned from vacation and has not had time to
speak to anybody. Mr. Carney stated he has not had time to speak to anyone although he
has received the 11 resumes.
Mrs. Gray asked what would happen if the Commission does not vote
tonight on this. The City Attorney stated the Charter provides that the Commission have
two regular meetings; tonight is one meeting and August 16, 2011 would be the second
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08/02/11
regular meeting where the Commission would have to make a determination otherwise
they would have to hold a special election.
Mr. Frankel stated he has interviewed everyone over the last two days and
expressed concern over holding this off for two weeks.
The City Manager stated if the Commission wishes to do so they can place
this item on the Workshop Meeting as a special item and suggested that this item be
heard in the Commission Chambers and then go back to the conference room for the rest
of the meeting,
It was the consensus of the Commission to place this as a Special Meeting
item on August 9, 2011.
Mayor McDuffie several people have asked him whether the Commission
wants to appoint someone who is going to serve the remainder of the term and not run for
re- election or whether the Commission is going to appoint someone who will run for re-
election.
Mr. Frankel stated he asked each candidate the exact same questions
because the uniformity was important to him. He stated that was one of the issues that he
questioned the candidates and noted it was very helpful to him.
Brief discussion by the Commission continued.
9.F. APPOINTMENTS TO THE FINANCIAL REVIEW
BOARD: Appoint two (2) regular members to serve unexpired terms ending July 31,
2012 and one (1) alternate member to serve a two (2) year term ending July 31, 2013 to
the Financial Review Board. Based upon the rotation system, the appointments will be
made by Commissioner Frankel (Seat #3), Mayor McDuffie (Seat #5) and Commissioner
Carney (Seat #1).
Mr. Frankel expressed concern over the stability of the Financial Review
KIM I
The City Manager stated the three people resigned because of the new
County Ethics law.
Mr. Frankel moved to reappoint Anthony Cattone as a regular member to
serve on the Financial Review Board to serve an unexpired term ending July 31, 2012,
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.
Mayor McDuffie stated he wished to defer his appointment to the next
regular meeting of August 16, 2011.
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Mr. Carney stated he would like to defer his appointment to the next
regular meeting of August 16, 2011.
9.G. APPOINTMENTS TO THE EDUCATION BOARD: Appoint two (2)
regular members to serve two (2) year terms ending July 31, 2013 to the Education
Board. Both appointments will be made by Commissioner Frankel (Seat #3).
Mr. Frankel moved to appoint Shannon Schwartz as a regular on 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: Mayor McDuffie — Yes; Mr.
Carney — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 4 to 0
vote.
Mr. Frankel moved to appoint Lee Cohen as a regular member on 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: Mr. Carney — Yes; Mr. Frankel —
Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes. Said motion passed with a 4 to 0 vote.
9.H. 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 appointment will be
made by Commissioner Gray (Seat #4).
Mrs. Gray moved to appoint Robert Wells, Sr. as an alternate member to
the Code Enforcement Board to serve an unexpired term ending January 14, 2013,
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.
9_I. APPOINTMENTS TO THE 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, both appointments will be made by
Commissioner Frankel (Seat #3).
Mr. Frankel moved to reappoint Kevin Warner as a regular member to the
Police 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: 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 appoint Robert Shell as a regular member to the
Police Advisory Board to serve an unexpired term ending July 31, 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.
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9.J. APPOINTMENT TO THE NUISANCE ABATEMENT BOARD:
Appoint one (1) regular member to the Nuisance Abatement Board to serve a two (2)
year term ending July 31, 2013. Based upon the rotation system, the appointment will be
made by Commissioner Frankel (Seat #3).
Mr. Frankel moved to reappoint Nayda Cotton- Ovadia as a regular
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: Mr.
Carney — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes. Said
motion passed with a 4 to 0 vote.
9.K. APPOINTMENT TO THE PUBLIC ART ADVISORY BOARD:
Appoint one (1) regular member to the Public Art Advisory Board to serve a two (2) year
term ending July 31, 2013. Based upon the rotation system, the appointment will be
made by Commissioner Frankel (Seat #3).
Mr. Frankel moved to appoint Jonathan Jonas 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.
9.L. APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY
BOARD: Appoint one (1) Citizen -at -Large Representative to the Parking Management
Advisory Board to serve a two (2) year term ending July 31, 2013. Based upon the
rotation system, the appointment will be made by Commissioner Frankel (Seat #3).
Mr. Frankel moved to reappoint Brian Rosen as a Citizen -at -Large
Representative to the Parking Management 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: Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Frankel —
Yes. Said motion passed with a 4 to 0 vote.
9.M. APPOINTMENTS TO THE NEIGHBORHOOD ADVISORY
COUNCHI: Appoint three (3) regular members to serve a three (3) year term
ending July 31, 2014 and one (1) regular member to serve an unexpired term ending July
31, 2012 to the Neighborhood Advisory Council. Based upon the rotation system, the
appointments will be made by Commissioner Carney (Seat #1), Commissioner Frankel
(Seat #3), Mayor McDuffie (Seat #5) and Commissioner Frankel (Seat #3).
Mr. Carney moved to appoint Maureen Smith (At Large Representative)
as a regular member to the Neighborhood Advisory Council to serve a three (3) year term
ending July 31, 2014, 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.
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08/02/11
Mr. Frankel moved to appoint David Stein (Zone 5) as a regular member
to the Neighborhood Advisory Council to serve a three (3) year term ending July 31,
2012, 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.
Mayor McDuffie stated he wished to appoint Theresa DiPerna (Zone 1) as
a regular member to the Neighborhood Advisory Council to serve a three (3) year term
ending July 31, 2014. Mr. Frankel so moved, seconded by Mrs. Gray. Upon roil 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.
Mr. Frankel moved to appoint Lee Cohen (At Large Representative) as a
regular member to the Neighborhood Advisory Council to serve an unexpired term
ending July 31, 2012, 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.
12. FIRST READINGS:
A. None
13. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS.
13.A. City Manager
13. The City Manager stated with regard to the Palm Beach County League
of Cities, the League of Cities has a member on the Fire - Rescue Level of Service
Committee and noted that Kurt Bressner had been serving in that capacity. The City
Manager stated he was appointed to take. his place but no one else from a City with its
own fire department applied. Also, Richard Hasko was appointed to the Water Resources
Technical Group.
13.B. City Attorney
The City Attorney had no comments and inquiries on non - agenda items.
O.C. City Commission
13.C.1. Mr. Carney
Mr. Carney had no comments and inquiries on non - agenda items.
13.C.2. Mrs. Gray
Mrs. Gray asked if there is a reason why the City of Delray Beach is not a
member of the National League of Cities. The City Manager stated this is because of the
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08/02/11
cost which is approximately $15,000.00 or $20,000.00. The City Manager stated the City
has a membership through the Florida League so we get some benefit from it but to be a
direct member is substantial. The City Manager stated he will double check the cost
because he wants to be sure he is not mixing up the Florida League with the National
League.
Secondly, Mrs. Gray stated Pompey Park hosted "net ball" and noted
many coaches from the National Net Ball Association were present helping to train
children and adults. She stated there were approximately 75 people in attendance. Mrs.
Gray stated "net ball" is like basketball that women usually play and in approximately
two years they are getting ready to host a big tournament out of the country. She stated
the Palm Beach County Sports Commission is helping them support this so that they can
hold tournaments locally in Delray Beach. Mrs. Gray stated there may be a tournament
in October 2011 for 21 year olds and under. She stated this is a great sport and noted that
people from Fort Lauderdale, Margate, and West Palm Beach come to the City of Delray
Beach.
13.C.3. Mr. Frankel
Mr. Frankel stated there have been discussions about fire fees and asked if
there is a reason why there are no police fees. The City Manager stated the Legislature
has discussed this and there is no legal basis for it right now.
13.C.4. Mayor McDuffie
Mayor McDuffie stated there may be a conference on August 16 -18, 2011
at the Marriott hosting almost all the Mayors, Prime Minister and the President of Haiti.
Mayor McDuffie stated he will send Representative Mack Bernard an email although
right now this is not totally confirmed.
There being no further business, Mayor McDuffie declared the meeting
adjourned at 10:37 p.m.
ATTEST:
\
MAYOR
7\ zo. \\� \ � �
City Clerk
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08/02/11
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 August 2, 2011, which Minutes were formally approved and adopted by the City
Commission on September b, 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.
36
08 /02 /11
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
CONDITIONAL USE REQUEST TO ESTABLISH A SEGWAY TOUR
AND SALES FACILITY KNOWN AS SEGWAY TOURS OF DELRAY BEACH
1. This conditional use request has come before the City Commission on
August 2, 2011. The conditional use request is to establish a Segway flour and sales
facility known as Segway Tours of Delray Beach which will occupy bay #162 of the
commercial plaza located at 162 NE 2"d Avenue.
2. The City staff, applicant, and other persons have presented documentary
evidence and testimony to the City Commission pertaining to the conditional use
request of the Segway Tours of Delray Beach. All of the evidence is a part of the record
in this case. Required findings are made in Sections I and 11 below.
I. COMPREHENSIVE PLAN
A. FUTURE LAND USE MAP: The use or structures must be allowed in the
zone district and the zoning district must be consistent with the land use designation.
Are the requirements of the Future Land Use Map met?
Yes ✓ No
B. Concurrence: Facilities which are provided by, or through, the City shall
be provided to new development concurrent with issuance of a Certificate of
Occupancy. These facilities shall be provided pursuant to levels of service established
within the Comprehensive Plan.
Are the concurrency requirements met with respect to water, sewer,
drainage, streets and traffic, parks, open space, solid waste and schools?
Yes ✓ No
C. Consistency: Compliance with performance standards set forth in
Chapter 3 and required findings in LDR Section 2.4.5(E) (5) for the Conditional Use
request shall be the basis upon which a finding of overall consistency is to be made.
1
City Commission Meeting on August 2, 2411; Item 9.A.
Other objectives and policies found in the adopted Comprehensive Plan may be used in
making a finding of overall consistency.
Are the consistency requirements met such that the proposed project is
complementary to and compatible with adjacent ,land vises and the
beneficial aspects of the project outweigh the negative impact of identified
points of conflict?
Yes No
ll. LDR REQUIREMENTS
A. Section 2.4.5(E)(5) requires certain findings: The conditional use will
not:
1. Have a significantly detrimental effect upon the stability of the
neighborhood within which it will be located;
2. Hinder development or redevelopment of nearby properties.
Will Section 2.4.5(E)(5) be met?
Yes ✓ No
B. LDR Section 4.3.3(ZZZZ)(2) — Segway Tours and Segway Sales:
Per LDR Section 4.3.3(ZZZZ)(2), the following are the special regulations that apply to
Segway tour and sales businesses:
The applicant for Conditional Use will designate routes for the tours and shall
be limited to only routes that are approved.
M No more than nine (9) tours shall be conducted each day.
■ All servicing of Segways shall be indoors and not utilize more than twenty
(20 %) of the floor area of the premises.
No Segway sales or tour businesses shall be located within three hundred
(300) feet of any other Segway sales or tour business, as measured from
property line to property line in a straight line.
Tour guides shall not amplify voice or music while operating tours.
Pre tour instructions shall not be conducted on public streets, sidewalks, or
between the building and the adjacent street.
v Segway tours shall Operate in compliance with the requirements of Chapter
132 of the City of Delray Beach Code of Ordinances.
Are the requirements of Section 4.3.3(ZZZZ)(2) met?
Yes V/ No
2
City Commission Meeting on August 2, 2011; Item 9.A.
C. LDR Section 4.4.13(F)(4) {f)(2) — Crime Prevention : Pursuant to LDR
Section 4.4.13(F)(4)(f)(2), building and site design shall incorporate Crime Prevention
Through Environmental Design (CPTED) standards to the greatest extent possible.
Are the requirements of Section 4.4.13(F)(4)(f)(2) met?
Yes Y" No
3. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the conditional use application was submitted.
4. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports and testimony of witnesses
supporting these findings.
5. Based on the entire record before it, the City Commission approves ✓
denies the conditional use application subject to the conditions attached hereto in
Exhibit "A" and hereby adopts this Order this 2nd day of August, 2011 ',�)y a vote of
4 in favor and 0 opposed.
Nelson S. McDuffie, Ma
Chevelle Nubin
City Clerk
3
City Commission Meeting on August 2, 2011; Item 9.A.
EXHIBIT "A"
Conditions Related to the Segway Tours of Delray Beach
That the tour route map be revised to eliminate the segment along Ocean Boulevard from
the public parking lot north of the Marriott Hotel to Atlantic Avenue. A revised route snap
must be submitted.
2. That a note is added to the tour maps that tours will be restricted to the west side of the
Ocean Boulevard right -of -way in those areas they are allowed which is north of the pubf is
parking lot north of the Marriott Hotel and from Casuarina Road to Ingraham Avenue,
3. That the business is limited to no more than nine tours each day.
4. That the flour guides are prohibited fiom amplifying voice or music while operating
tours.
5. Tour routes are limited to those designated routes approved through this conditional
use process. (This will require removal of reference on web site to other "personal tours"
routes can be arranged.)
6. Segway tours shall operate in compliance with requirements of Chapter 132 of the City Code
of Ordinances.
® Will require modification of language on website as it relates to if you're under 18
and sign a waiver there is no age limit (under 11 is not allowed).
• Removal of language on the web site that indicates you can rent a Segway that is not
associated with a tour (motorized sporting good uses are not currently allowed in the
CBD) and removal of language encouraging mobile advertising options (off premise
signage is also not allowed).
City Commission Meeting on August 2, 2011; Item 9.A.
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
WAIVER REQUESTS FOR VILLAGE SQUARE
1. Two waiver requests have come before the City Commission on August 2,
2011. The requests include one waiver to the requirement that parking spaces do not
back out into a street carrying more than 200 ADT (Average Daily Trips) and the other
waiver to reduce the minimum lot size, width, and/or depth for certain lots.
2. The City staff, applicant, and other persons have presented documentary
evidence and testimony to the City Commission pertaining to the waiver requests of
Village Square. All of the evidence is a part of the record in this case_ Required
findings are made in Sections I and 11 below.
L WAIVERS. Pursuant to LDR Section 2.4.7(6)(5), prior to granting a
waiver, the approving body shall make a finding that the granting of the waiver:
(a) shall not adversely affect the neighboring area;
(b) shall not significantly diminish the provision of public facilities;
(c) shall not create an unsafe situation; and
(d) does not result in the grant of a special privilege in that the same
waiver would be granted under similar circumstances on other
property for another applicant or owner.
A. The applicant is requesting a waiver to LDR Section 4.3.4(x) to:
1. Reduce the minimum lot size
_required 7,500 sq. ft. for:
Lot #1 to 6,365.85 sq. ft.
Lot #2 to 6,401.74 sq. ft.
Lot #3 to 6,391.41 sq. ft.
Lot #4 to 6-,384.60 sq. ft.
Lot #5 to 6,377.74 sq. ft.
Lot #6 to 6,294.73 sq. ft.
Lot #7 to 6,21 1.54 sq. ft.
Lot #8 to 6,204.80 sq. ft.
Lot #9 to 6,195.62 sq. ft.
1
for single - family lots from the
City Commission Meeting on August 2, 2011; Item 9. B.1
Lot #10 to 6,192.36 sq. ft.
Lot #11 to 6,789.53 sq. ft.
2, Reduce the minimum lot width for the single - family corner lots from
the required 80 feet for
Lot #1 to 62 ft.
Lot #11 to 69 ft.
3. Reduce the minimum lot depth for the duplex lots from the required
100 feet for:
Lot #12 to 93.96 ft.
Lot #13 to 93.79 ft.
Lot #14 to 93.61 ft.
Lot #15 to 93.45 ft.
Lot #16 to 95.34 ft.
Lot #17 to 93.34 ft.
Lot #18 to 92.97 ft.
Should the waiver to Section 4.3.4(x) be granted to allow
changes to lot sizes?
Yes ✓ No
B. Pursuant to LDR Section 4.6.9(D)(2), provision for ingress and egress:
each required parking space shall be accessible at all times. A waiver is requested to
the requirement that parking spaces enter and exit a forward manner on travel ways
exceeding 200ADT, by adopting the findings of fact and law contained in the staff
report, and finding that the request and approval thereof is consistent with the
Comprehensive Plan and meets criteria set forth in Section 2.4.7(6) (5) of the Land
Development Regulations.
Should a waiver be granted to Section 4.6.9(D)(2) to modify the
provisions for ingress and egress?
Yes ✓ No
2
City Commission Meeting on August 2, 2011, Item 9.13.1
3. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the conditional use application was submitted.
4. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports and testimony of witnesses
supporting these findings.
5. Based on the entire record before it, the City Commission approves V/
denies the waiver requests and hereby adopts this Order this 2.,d day of August ,
2011, by a vote of 4 in favor and 0 app sed
ATTEST:
Chevelle Nubin
City Clerk
3
Nelson S. McDuffie, M
City Commission Meeting on August 2, 2011; item 9.13.1
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
CONDITIONAL USE REQUEST FOR VILLAGE SQUARE
1. A conditional use request has come before the City Commission on
August 2, 2011. The conditional use request is to allow a density in excess of 12 units
per acre (13.91 du /ac is proposed) in accordance with the provisions of the City's
Family Workforce Housing Ordinance for the Village Square, a 253 -unit residential
development located on the east side of Auburn avenue and SW 13th Avenue between
SW 7tt' Street and SW 1 Otn Street.
2. The City staff, applicant, and other persons have presented documentary
evidence and testimony to the City Commission pertaining to the conditional use
request of Village Square. All of the evidence is a part of the record in this case.
Required findings are made in Sections 1 and II below.
I. CONDITIONAL USE
A. COMPREHENSIVE PLAN
(1) Future Land Use Map: The use or structures must be
allowed in the zone district and the zoning district must be consistent with the land use
designation.
Are the requirements of the Future Land Use Map met?
Yes V/ No
(2) Concurrency: Facilities which are provided by, or through,
the City shall be provided to new development concurrent with issuance of a Certificate
of Occupancy. These facilities shall be provided pursuant to levels of service
established within the Comprehensive Plan.
Are the concurrency requirements met with respect to water, sewer,
drainage, streets and traffic, parks, open space, solid waste and
schools?
Yes ✓ No
1
City Commission Meeting on August 2, 2011; Item 9.13.
(3) Consistency: Compliance with performance standards set
forth in Chapter Three and required findings in LDR Section 2.4.5(E) (5) for the
Conditional Use request shall be the basis upon which a finding of overall consistency is
to be made. Other objectives and policies found in the adopted Comprehensive Plan
may be used in malting a finding of overall consistency.
(a) Future Land Use Element Obiective A -1: Is the property
developed /redeveloped so that the future use and intensity is appropriate in terms of
soil, topographic, and other applicable physical considerations, is complementary to
adjacent land uses, and fulfills remaining land use needs and is consistent with the
Land Use Map?
Yes ✓ No
(b) Future Land Use Element Policy C -1.7: The Southwest
Area Neighborhood Redevelopment Plan was adopted by the City Commission at its
meeting of June 3, 2003. The Plan establishes a blueprint for the revitalization and
stabilization of the area. The Southwest Area Neighborhood Redevelopment Plan is
divided into five sub -areas based upon current and proposed land uses. The sub -areas
serve to define potential boundaries for the phased implementation of the various plan
components. Future development in the area must be in accordance with the
provisions of the Redevelopment Plan.
Is this development consistent with the Redevelopment Plan?
Yes ✓ No
(c) Housing Objective A -11: To assist residents of the City in
maintaining and enhancing their neighborhood, the City, through public input and
notification, shall take steps to ensure that modifications in and around the
neighborhood do not lead to its decline, such as those described in the following
policies.
Can positive findings be made with respect to this objective?
Yes ✓
(d) Housing Policy A- 11.3: In evaluating proposals for new
development or redevelopment, the City shall consider the effect that the proposal will
have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic
volumes and circulation patterns shall be reviewed in terms of their potential to
negatively impact the safety, habitability and stability of residential areas. If it is
determined that a proposed development will result in a degradation of any
neighborhood, the project shall be modified accordingly or denied.
2
City Commission Meeting on August 2, 2011; Item 9.13.
Does this project negatively impact adjacent residential areas?
Yes No >/
B. LDR REQUIREMENTS
(1) Performance Standards for Density Increase: Pursuant to LDR
Section 4.4.6(1)(1), These standards shall apply to all site plans approved subsequent to
October 7, 1997, and for modifications to existing developments which involve the
creation of additional residential units. In order to increase a project density beyond six
(6) units per acre, the approving body must make a finding that the development
substantially complies with the performance standards listed in this section. The intent
of the standards is to mitigate the impacts of the additional density both internal and
external to the site. The extent to which a project meets the standards will determine
the number of units per acre that will be permitted. For example, if a project meets or
exceeds all of the standards, and is otherwise consistent with applicable standards and
policies of the City's Comprehensive Plan and Land Development Regulations, the
maximum density is permitted. Projects which only partially achieve these standards
will be.permitted a correspondingly lower density.
Are the performance standards in Section 4.4.6(1)(1) met?
Yes ✓ No
(Z) Workforce Housing Standards for Density Increase.
(a) LDR Section 4.7.3 — Provision of Workforce Housing Units:
Developers will be allowed additional density or height in exchange for providing
workforce housing units, subject to the limits and requirements of this chapter.
Developers will be allowed additional density, beyond the base number allowed per
existing Land Development Regulations after performance standards have been met.
Developers will be allowed additional height under section 4.3.4(J)(4) beyond 48' after
the height requirements of Section 4.3.4(J)(4)(b) have been met.
Are the performance standards in Section 4.7.3 met?
Yes ✓ No
(b) LDR Section 4.7.4 — Density Bonus Program for the
Southwest Neighborhood_ Overlav District, the Carver Estates Overlav District and the
Infili Workforce Housing Area. Developers of property in the Southwest Neighborhood
Overlay District, the Carver Estates Overlay District and the Infill Workforce Housing
Area, that meet the minimum standards will earn bonus units for building workforce
housing for very low, low and moderate income families.
s
City Commission Meeting on August 2, 2019; item 9.6.
Are the performance standards in Section 4.7.4 met?
Yes ✓ No
(3) LDR Section 2.4.5(E) Reguired Findings: (Conditional Use):
Pursuant to Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the conditional
use will not:
(a) Have a significantly detrimental effect upon the stability of
the neighborhood within which it will be located;
(b) Hinder development or redevelopment of nearby
properties.
Will the requirements in Section 2.4.5(E)(5) be met?
Yes ✓ No
3. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the conditional use application was submitted
4. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports and testimony of witnesses
supporting these findings.
5. Based on the entire record before it, the City Commission approves ✓
denies the conditional use application subject to the conditions attached hereto in
Exhibit "A" and hereby adopts this Order this 2nd day of August, 2011, by a vote of
4 in favor and 0 opposed.
TTEST:
Chevelle Nubin
City Clerk
El!
Nelson S. McDuffie,
City Commission Meeting on August 2, 2011; Item 9.13.
EXHIBIT cuss
Conditions Related to Village Square
Approval of a site plan by SPRAB that is in general conformance to the submitted site plan and
addresses the "Exhibit "A" - Technical Items, Landscape Technical items, CPTED technical
items and conditions of approval attached in the staff report,
2. That a plat must be processed and recorded prior to issuance of a building permit;
That the applicant provides a southbound left: turn lane at the north entrance within. Auburn
Avenue;
4. That perimeter fencing around Phases I and H is provided and that such fencing will be made
from heavy gauge aluminum picket fencing. The fence shall be depicted on the site plan,
landscape plan, and engineering plan;
That a typical site perimeter fence detail for Phase I and II needs to be provided before site plan
certification;
6. That the use of guard gates with swing gates /control arms, and CCTV (Closed Circuit TV) at the
entrances to Phase I and 11 from Auburn Avenue and SW 8a' Street need to be provided, A note to
this effect shall be included on the site plan; .
7. That the entrance at SW 8'h Street shall be designated as 'resident entrance only' and that residents
shall use a keyless entry system while allowing all traffic to exit the site at that location;
8. That the CCTV system shall also include a competent on -site security contractor patrolling the
interior of the site and monitoring the entrance(s) during nights and weekends and that a note to
this effect shall be included on the site plan, landscape plan, and engineering plans;
9. That a security surveillance system with CCTV capable of night -time digital recording with 90
days of taping capacity shall be provided and that the system is to be accompanied by an annual
maintenance contract; and a copy of the contract shall be provided as part of a security plan;
10. That there will be 24 hour video surveillance with day time surveillance at the dual access main
gates to be monitored by the property manager which will include call -box access at the gate and
that a note to this effect shall be included on the site plan, landscape plan, and engineering plans;
11. That the development is required to have CCTV monitoring coverage around each of the
proposed buildings, including the rear area of each building breezeway;
12. That a security plan which verifies compliance with CPTED technical comments is provided by
the applicant. Such security plan will require approval by the Police Department before issuance
of a building permit and a note to this effect will be provided on the site plan.
City Commission Meeting on August 2, 2011; Item 9.13.
13. That raised pedestrian cross -walks shall be provided at choke points to slow traffic throughout the
various parking lots, and that chicanes must be used along the perimeter road on the south side of
Phase 11 to slow traffic along the three block 'straight-away' street segment;
14. That two bus shelter with easements shall be provided; one along, the east side of Auburn Avenue
and one on 10th Street. Both bus shelters and bus shelter easements are to be depicted on the site
plan. The Parking Management Specialist, Scott Aronson at (561) 243 -7196 will provide the
standard detail for the bus shelters;
15. That the pedestrian walkways (as passive recreation areas) as well as the areas around the
playground for parent observation shall be provided with street benches, water - fountains and
trash receptacles. These items shall be shown on the site plan and landscape plans;
16. That either the location of the 18 workforce housing units be clearly depicted within each
building on the site plan or that the workforce housing covenant [LDR Section 4.7.6(a)] include a
provision that complies with Section 4.7.9(o) and conveys authority to the City of Delray Beach
to monitor rental of the workforce units;
17. That all required and provided setbacks, be included as part of the site data table and clearly
labeled and depicted on the site plan;
18. That the required and provided percentage figure of lot coverage (LDR 40% nnaximum required)
and open space percentage (LDR 25% minimum required) for Phase I and II be included as part
of the site data table calculations;
19. Pursuant to LDR Section 4.6.16(M(3)(i), landscape islands which contain a minimum of seventy -
five (75) square feet of plantable area, with a minimum dimension of five (5) feet, exclusive of
the required curb, shall be placedd at intervals of no less than one landscaped island for every toll
{10) parking Hpaces. The portion of parking area located between Building #1 and #2 must be
revised to comply with this LDR requirement;
20. That the applicant shall revise the site data table provided to reflect the correct total number of
parking spaces and the guest parking spaces provided for Phase 11;
21. That seven (7) guest parking spaces (for the duplex units) shall be provided within that portion of
the site designated for Phase III which contains the duplex residential units;
22. That a trash compactor detail depicting all screened areas, wall, and gate, be provided before site
plan certification;
23. That bicycle parking facilities (a 5 space bike rack) shall be provided in close proximity to the
main entrance of each multi- family building for visitors and residents;
24. That a kid's zone, with a play- ground and tot lot area appropriate for toddlers shall be provided
around the clubhouse area,
25. That the proposed pool shall include a pool shower and pool furniture;
26. That the portion of Auburn Avenue between SW 7th Street and SW 8 '11 Street including a five foot
(5') wide sidewalk easement shall be dedicated and executed as part of the plat;
2
City Commission Meeting on August 2, 2011; Item 9.B.
27. That an inbound left -turn lane must be provided along Auburn Avenue and shall be depicted on
the site plan, landscape plan, and engineering plans before site plan certification;
28. That the current restricted access around most of the block along SW 8"' Street shall be removed
during the re- platting process and shall be noted on the proposed development plans;
29. That no amendments to the Workforce Housing covenants shall be made unless by written
instrument approved by the City;
30. That the developer shall coordinate with the Community Improvement Department on renter
eligibility for the workforce units;
31. That in the event the workforce housing units are sold this must be done in accordance with
.Article 4.7.7;
32. That the Home Owner's Association documents contain a prohibition on the parking of vehicles
within the interior street system and that a copy of such document be provided to the City;
33. That the applicant shall coordinate with the Community Improvement Department on
renter/buyer eligibility and housing prices and rents to be paid; and
34. That the applicant shall provide a copy of an Executed Restrictive Covenant, as submitted to the
PBC School District, indicating that 84 units will be age restricted for adults only before site plan
certification.
41
City Commission Meeting on August 2, 2011; item 9.B.
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. This appeal of the denial of The Office's 2011/2012 renewal application for
a sidewalk cafe permit has come before the City Commission on August 2, 2011.
2. The Appellee and City staff presented documentary evidence and
testimony to the City Commission pertaining to The Office's appeal of the denial of their
sidewalk caf6 permit application. All of the evidence is part of the record in this case.
Required findings are made in accordance with Subsection I.
I. LDR REQUIREMENTS
A. Pursuant to LDR Section 6.3.3(F)(2), the following criteria shall be
considered in the review of annual sidewalk cafe permit applications_
A sidewalk cafe may only be established in front of the business or along a side
street adjacent to the business, or public space, and such businesses immediately
adjacent to the business with which the sidewalk cafe is associated. The sidewalk cafe
shall not be established adjacent to a travel lane or on- street parking unless there is no
ability to establish a sidewalk cafe adjacent to the storefront, in which case a sidewalk
caf6 may be located adjacent to a traffic lane or street parking as long as a five foot
clear pedestrian path is provided and the tables and associated chairs provide a
minimum setback of 2' from the vehicular travel lane and associated curbing. This 2'
setback does not apply when the tables are immediately adjacent on street parking.
Have the requirements of 6.3.3(F)(2) been met as it re[ates to the annual
sidewalk cafe permit application for The Office?
Yes No ✓
3. The City Commission has applied the LDR requirements in existence at
the time the original site plan was submitted.
4. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
City Commission Meeting on August 2, 2011; Item 9.C.
5. Based on the entire record before it, the City Commission approves
denies ✓ the appeal and hereby adopts this Order this 2nd day of August, 2011,
by a vote of. 4 in favor and 0 opposed.
�& �� ATTEST: 1 I` Mn �t> 'I,
Nelson S. McDuffie, M
Cheveile Nubin
City Clerk
City Commission Meeting on August 2, 2011; Item 9.C.
2