11-01-11 Regular City Commission MinutesI NOVEMBER 1,2011
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, November 1,2011.
Roll call showed:
Present -Commissioner Tom Carney
Commissioner Jay Alperin
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
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2. The opening prayer was delivered by Reverend Linda Mobley with Cason
United Methodist Church.
3. The Pledge of Allegiance to the flag of the United States of America was
given.
4. AGENDA APPROVAL.
Mayor McDuffie stated Item 9.H., Appointments to the Education
Board Miriam Hanan's application has been withdrawn.
Also, Mayor McDuffie stated there is revised information for Item 12.D.,
Ordinance No. 42-11.
Dr. Alperin moved to approve the Agenda as amended, seconded by Mr.
Frankel. Upon roll call the Commission voted as follows: Dr. Alperin -Yes; Mr.
Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Carney -Yes. Said
motion passed with a 5 to 0 vote.
APPROVAL OF MINUTES:
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Mr. Frankel moved to approve the Minutes of the Special/Workshop
Meeting of October 11, 2011, seconded by Mrs. Gray. Upon roll call the Commission
voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr.
Carney -Yes; Dr. Alperin -Yes. Said motion passed with a 5 to 0 vote.
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I Mrs. Gray moved to approve the Minutes of the Regular Meeting of
October 18, 2011, seconded by Mr. Frankel. Upon roll call the Commission voted as
follows: Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Carney -Yes; Dr. Alperin
Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote.
6. PROCLAMA TIONS:
6.A. Families Reading Together Month -November 2011
Mayor McDuffie read and presented a proclamation hereby proclaiming
November 2011 as Delray Beach Families Reading Together Month. Janet Meeks,
Education Coordinator, came forward to accept the proclamation and gave a few brief
comments.
The City Manager stated at the League of Cities meeting last week the
City received a Certificate of Appreciation from the Palm Beach County Literacy
Coalition for the City'S support of Read for the Record.
7. PRESENTATIONS:
7.A. Aid to Victims of Domestic Abuse (A VDA) -Pamela O'Brien
Pamela O'Brien, President and CEO of A VDA, introduced Board
Treasurer, Vice President, Secretary, and Vice President of the Board who were present
and extended a heartfelt thank you to the City of Delray Beach for sponsoring this year's
12th Annual Race for Hope. Ms. O'Brien stated they had 810 registered runners and
approximately 200 additional people there with about 325 people signing up the last 24
hours. She recognized the Delray Beach Police Department with a certificate for
everything they have done to help this event be such a success. Ms. O'Brien also
recognized Lula Butler, Director of Community Improvement, with a certificate and
stated she is on the Board of Directors for A VDA.
Dr. Alperin stated A VDA stands for Aid to Victims of Domestic Abuse
and it serves a good part of the County and stated the United States has a high rate of
abuse reported (22%). Dr. Alperin stated his wife was part of the founding body that
started this in Delray Beach.
Ms. O'Brien stated the Center for Disease Control has stated that domestic
violence is a public health issue because lout of every 4 American woman report
domestic abuse and from the calls that come in 50-60% report. Ms. O'Brien stated Palm
Beach County has the third highest number of deaths in the State where there is a
domestic violence crime.
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7.B. S.P.I.R.I.T. (Service, Performance, Integrity, Responsibility,
Innovation, Teamwork) Committee Quarterly Awards Presentation
Sylvia Copper stated she is part of the Parking Committee of Windycreek,
and on August 1, 2011, Michael Vinci, Planner with the Planning and Zoning
Department, assisted her with an impromptu meeting and their neighborhood was having
an issue with inadequate guest parking within its subdivision. Ms. Cooper stated Mr.
Vinci showed professionalism, was courteous, respectful and explained everything in
laymen's tenns. She stated Mr. Vinci provided her with documentation for their
association and discussed the issue at his staff meeting and reported back to her. Ms.
Copper commended Mr. Vinci for his hard work. It has allowed their committee to bring
resolution to the problem with the guest parking. She stated Mr. Vinci is a great asset to
the city.
Jennifer Buce, Litter Prevention Coordinator, representing the S.P.I.R.I.T.
Committee, stated this is Michael's second award that he has won since the start of the
S.P.I.R.I.T. Committee and they receive $250.00. Ms. Buce stated her second award is to
Amy Alvarez who is also from Planning and Zoning and both she and Michael Vinci are
eligible for the $2,000.00 award in August. Ms. Buce stated both awards this quarter
were from outside residents and feels this is saying alot about our employees. Amy
Alvarez is being nominated by Susan Ruby. In November 2009, the residents of Del Ida
Historic Neighborhood came to the City with hopes of re-establishing their neighborhood
association. Mrs. Alvarez helped host many meetings and helped secure a beautification
enhancement grant from the Florida Department of Transportation for the neighborhood
that will concentrate primarily on N .E. 2 nd A venue for sidewalk, landscape, crosswalk
and decorative lighting improvements. Ms. Buce stated because of Amy's detennination
N.E. 2 nd Avenue is on its way to being a wonderful gateway to Pineapple Grove and our
downtown. Ms. Buce stated without Amy's effort and the key players from the city the
neighborhood would have never re-established a neighborhood association.
Susan Ruby, resident of the Del-Ida Neighborhood, stated this is going to
be a great gateway to Pineapple Grove and gave special recognition to Amy Alvarez for
obtaining the grant for their neighborhood. In addition, Mrs. Ruby thanked staff from the
Community Redevelopment Agency (CRA), Community Police Officer Gary Ferreri, and
the Community Improvement Department who have all worked together for the Del-Ida
Neighborhood.
CONSENT AGENDA: City Manager Recommends Approval.
8.A. REQUEST FOR SIDEWALK DEFERRAL/I06 SEA LANE: Approve
a request to defer the installation of a sidewalk along Lowry Street for the property
located at 106 Sea Lane.
8.B. ACCEPTANCE OF A STORMWATER EASEMENT DEED/401
S.W. 10 TH STREET: Approve and accept a stonnwater easement
deed for property located at 401 S.W. 10th Street.
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I 8.C. AMENDMENT NO.3 TO THE AGREEMENT/GOVDEALS, INC.:
Approve Amendment No.3 to the Agreement with GovDeals, Inc. for online auction sale
of surplus City vehicles and equipment.
8.D. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT
AGENCY (CRA)fUS 1 CORRIDOR BEAUTIFICATION: Approve an Interlocal
Agreement with the Community Redevelopment Agency (CRA) in the amount
$1,856,708.00 for the repayment of the State Infrastructure Bank (SIB) loan applied for
from the Florida Department of Transportation (FDOT) for the US 1 Beautification
Project.
8.E. REVISED INTERLOCAL AGREEMENTIPALM BEACH COUNTY
FOR S.W. 121H AVENUE/AUBURN AVENUE/S.W. 14tH AVENUE: Approve a
revised Interlocal Agreement with Palm Beach County for reimbursement to the City in
the amount of $1,000,000.00 for costs associated with improvements along S.W. 12th
Avenue/Auburn Avenue/S.W. 14th Avenue from S.W. 10th Street to West Atlantic
Avenue.
8.F. AMENDMENT NO. 1 TO THE INTERLOCAL
AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY (CRA) FOR
FUNDING OF CONSTRUCTIONIPROFESSIONAL SERVICES: Approve
Amendment No. 1 to the Interlocal Agreement with the Community Redevelopment
Agency (CRA) for funding of construction costs and professional services for certain
projects as listed on Exhibit "A" attached to the Agreement for FY 11112.
8.G. CONSULTING SERVICE AUTHORIZATION NO. 07
OS.2IKIMLEY -HORN AND ASSOCIATES, INC.: Approve Service Authorization
No. 07-05.2 to Kimley Hom and Associates, Inc. in the amount of $32,081.99 for design
of the Federal Highway Enhancements Project. Funding is available from 334-3162-541
68.52 (General Construction Fund: Other ImprovementlFederal Highway Beautification)
and 442-5178-536-68.52 (Water & Sewer Renewal & Replacement Fund: Improvements
OtherlFederal Highway Beautification).
8.H. AGREEMENT/ACHIEVEMENT CENTERS FOR CHILDREN AND
FAMILIES (ACCF): Approve an agreement between the City of Delray Beach and
Achievement Centers for Children and Families (ACCF) in the amount of $52,000.00 to
carry out services at the Village Academy Beacon Center for FY 2011-2012. Funding is
available from 001-4111-572-83.01 (General Fund: Other Grants & Aid).
8.1. HAZARDOUS MATERIALS TECHNICIAN COURSEIHAZMAT
!Q!. Approval for nine Fire-Rescue Department persoIll1el to attend a Hazardous
Materials Technician course offered by HazMat IQ in the amount of $15,750.00 to be
reimbursed through the Homeland Security Domestic Preparedness Grant Program.
Funding is available from 001-2315-526-54.30 (General Fund: Books/ Publications/
Subscriptions/ Memberships/ Training! Education Costs).
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I RATIFICATION OF APPOINTMENTS TO THE KIDS AND COPS
COMMITTEE: Approve and ratify certain appointments to the Kids and Cops
Committee for two (2) year terms ending November 30 , 2013.
8.K. SPECIAL EVENT REQUEST/15 TH ANNUAL DELRAY BEACH
CRAFT FESTIVAL: Approve a special event request to endorse the 15th Annual
Delray Beach Craft Festival sponsored by Howard Alan Events , Ltd. to be held February
25-26 , 2012 from 10:00 a.m. to 5 :00 p.m., to grant a temporary use permit per LDR
Section 2.4.6(F) for use ofN .E. 2nd Avenue, from the alley north of Atlantic to midway
between N.E. 3rd Street and N.E. 4th Street (south of the City Walk condo garage
entrance), and use of the north end of City Hall's parking lot for vendor parking , and to
provide staff support for traffic control, security and fire inspection services.
8.L. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards for
the period October 17,2011 through October 28 , 2011.
8.M. AWARD OF BIDS AND CONTRACTS:
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1. Contract award to Municipal Lighting in the amount of $49,841.00
for the purchase of twelve (12) concrete street light standards and
LED fixtures to replace standards being removed on Atlantic
Avenue due to rust and corrosion. Funding is available from 334
3162-541-46.14 (General Construction Fund: Repair and
Maintenance Services/Atlantic Avenue Street Light Replacement).
2. Contract award to Special Products Group (SPG) in the annual
estimated amount of $60 ,000.00 for uniform procurement for Fire
Rescue Department personnel. Funding is available from 001
2315 -526-52.22 (General Fund: Operating
SupplieslUniformslLinen Service), 001-2311-522-52.22 (General
Funds: Operating SupplieslUniforms/Linen Service) 001-2313
522-52.22 (General Fund: Operating SupplieslUniforms/Linen
Service) and 001-2317-522-52.22 (General Fund: Operating
SupplieslUniformslLinen Service).
3. Contract award to Zoll Medical Corporation in the amount of
$22 ,040.50 to renew the extended warranty and semi-annual
preventive maintenance contract and provide guaranteed repair
coverage for seventeen (17) 12 Lead EKG MonitorlDefibrillators.
Funding is available from 001-2315-526-46 .20 (General Fund:
Repair & Maintenance ServiceslEquipment Maintenance).
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4. Purchase award to American Traffic Products & Services in the
amount of $16 ,040.00 for the City'S y early supply of reflective sign
sheeting. Funding is available from 001-3141-541-52.20 (General
Fund: Operating Supplies/General Operating Supplies).
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I 5. Award to Fluid Control Specialties, Inc. in the amount of
$34,812.00 for purchase and delivery of large replacement valves
at City's Water Treatment Plant for Filter #3. Funding is available
from 442-5178-536-64.90 (Water & Sewer Renewal &
Replacement Fund: Machinery/Equipment/Other
MachinerylEquipment).
6. Purchase award to Sentry Industries in the amount of $257,000.00
for purchase and delivery of sodium hypochlorite "as needed".
Funding is available from 441-5122-536-52.21 (Water and Sewer
Fund: Operating Supplies/Chemicals).
7. Purchase award to Tanner Industries, Inc. in the annual estimated
amount of $31,000.00 for the purchase and delivery of anhydrous
ammonia "as needed" via City of Port Orange, Florida Bid# B 10
16; contingent upon execution of a City Standard Agreement as
approved by the City Attorney. Funding is available from 441
5122-536-52.21 (Water and Sewer Fund: Operating
Supplies/Chemicals ).
Mr. Frankel moved to approve the Consent Agenda, seconded by Mrs.
Gray. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr.
Carney -Yes; Dr. Alperin -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes. Said motion
passed with a 5 to 0 vote.
9. REGULAR AGENDA:
9.A. CONDITIONAL USE REQUESTIDELRA Y COMMUNITY
PHARMACY: Consider approval of a conditional use request to allow, within the
Mixed Residential, Office and Commercial (MROC) zoning district, the construction of a
drive-thru lane at the Delray Community Pharmacy, located at 1601 South Congress
A venue. (Quasi-Judicial Hearing)
Mayor McDuffie read the City of Delray Beach procedures for a Quasi
Judicial Hearing into the record for this item and all subsequent Quasi-Judicial Hearings.
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 spoke with Michael Weiner, the Attorney for the
applicant. Mrs. Gray stated she also spoke to Mr. Weiner. Mayor McDuffie stated he
spoke to Mr. Weiner this afternoon. Mr. Carney stated he represented the seller of the
property. Dr. Alperin stated he had no ex parte communications to disclose.
Paul Dorling, AICP, Director of Planning and Zoning, entered the
Planning and Zoning Department project file #2011-197 into the record.
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Mr. Dorling stated this item is for consideration of a conditional use
request to allow the construction of a drive-thru lane at the future Delray Community
Pharmacy to be located at 1601 Congress Avenue. Currently, Mr. Dorling stated there is
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an auto related use and the proposal is to knock that down and construct a pharmacy and
a retail facility with the pharmacy taking about 3,600 square feet and two retail bays
consisting of 1,253 square feet and 1,144 square feet. He stated the pharmacy will have a
drive-thru lane and the LDRs state that any drive-thru facility in the MROC (Mixed
Residential Office and Commercial) District needs to come before the Commission for a
conditional use. The drive-thru lane will be open seven days a week from 9:30 a.m. to
7:00 p.m. and will have five (5) full-time employees.
At its meeting of October 17, 2011, the Planning and Zoning Board
considered this and recommended approval subject to the condition that the "lot
coverage" category on the plan be revised to indicate the actual 59.6% per the code
definition, not the building footprint percentage of 16.6%. Staff recommends approval.
Michael Weiner, Weiner & Lynne, PoAo, 10 SoE. lSI Avenue, Suite #C,
Delray Beach, FL 33444 (Attorney representing applicant), stated this is for a
pharmacy and noted they meet the criteria of the Board Order and the requirements of the
MROC (Mixed Residential Office and Commercial) zoning.
Mayor McDuffie stated if anyone from the public would like to speak in
favor or in opposition of the request, to please come forward at this time. There being no
one from the public who wished to address the Commission regarding the conditional use
request, the public hearing was closed.
There was no cross-examination or rebuttal.
Mrs. Gray stated this is a wonderful addition to this corner.
Dr. Alperin stated he likes the idea of replacing the metal building.
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).
Dr. Alperin moved to adopt the Board Order subject to the conditions as
listed in Exhibit "A", seconded by Mrs . Gray. Upon roll call the Commission voted as
follows: Mr. Carney -Yes; Dr. Alperin -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes;
Mayor McDuffie -Yes. Said motion passed with a 5 to 0 vote.
9oB. REQUEST FOR IN-LIEU OF PARKING SPACES/ATLANTIC
OCEAN CLUB: Consider a request for the purchase of eight (8) in-lieu of parking
spaces in the amount of $124,800.00 to accommodate an expansion of use for Atlantic
Ocean Club located at 217 East Atlantic Avenue. (Quasi-Judicial Hearing)
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I 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 yesterday he spoke with the Attorney for the
applicant Mr. Weiner. Mrs. Gray stated she spoke with Mr. Weiner. Mayor McDuffie
stated he too spoke with Mr. Weiner. Mr. Carney stated he spoke to members of the
Parking Management Advisory Board (PMAB), Mr. Weiner, Mr. Lynne and Scott
Aronson. Dr. Alperin stated he had no ex parte communications to disclose.
Scott Aronson, Parking Management Specialist, stated Atlantic Ocean
Club is located at 217 East Atlantic Avenue formerly known as Bob's Famous Bar. The
request is for eight (8) in-lieu of parking spaces in Area 2 and spaces are $15,600.00 each
totaling $124,800.00 and if approved the applicant would like to enter into an in-lieu of
parking fee payment agreement. In May 2011 , a request to the PMAB was made for two
in-lieu of parking spaces and subsequently removed from the Agenda by the applicant
and the item came back in July . Mr. Aronson stated the May proposal was for 728 square
feet conversion of use from office to restaurant on the second floor of the building. He
stated the 728 square feet was to accommodate a refrigerator and cooling s y stem and
kitchen that was placed on the second floor to support the restaurants and club above.
The increased 1,572 square feet was to accommodate some tables on the south end of the
building and balconies overlooking Atlantic A venue . Mr. Aronson stated that request
would have required four spaces instead of two .
The Parking Management Advisory Board (PMAB) deliberated on that
issue for quite some time at which time the applicant asked to discontinue the hearing to
go back for some reconsideration. He stated that item came back to the Board on
September 27 , 2011 and was then for a full conversion of the entire floor (3,153 square
feet) and change to hibachi style tables with approximately 15 or 18 seats per table and
there were five of them throughout several locations throughout the floor along with
several two seat tables and the balconies had some tables on them at this point. Mr.
Aronson stated the site was originally going to have some residential and office and
mixed use and then the y went to all office on the second floor and now the y are going for
a full blown second floor. He stated during the discussions on the July meeting the CRA
and staff recommended that the entire floor be restaurant calculations because the kitchen
was at the north end of the building and the seating was at the south end of the building ;
restaurant parking is 100 % of total floor area. The CRA also had a concern that the mix
of the kitchen and the cooling equipment and part restaurant and part office would not
work. Mr. Aronson stated the subject property currentl y has approximately 20 in-lieu of
parking spaces plus a benefit of a handful of spaces from its early submittal in 1999
before parking went to six spaces per 1,000. He stated this would total 29 in-lieu of
spaces. Mr. Aronson stated staff has a concern with the number of spaces designated to
one particular building and the area is between 2 nd and 3 rd adjacent to the tracks on
Atlantic A venue the railroad lot is across the tracks and that was one of the parking lots
sustaining over 100% utilization on busy weekends and in season. The parking garages
are two blocks or so away (800-1,000 feet) as pedestrian travel lane.
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At its meeting of October 25, 2011 , the Parking Management Advisory
Board recommended approval with an 8 to 3 vote (Marincola, Gergen and Gimmy
dissenting); the consensus of the Community Redevelopment Agency (CRA) was the
entire floor be calculated at restaurant parking requirement ; and, at its meeting of October
11, 2011, the Downtown Development Authority (DDA) recommended approval. If
approved, staff suggests that the applicant work with staff on a TDM (Transportation
Demand Management) Program.
Michael Weiner, Weiner & Lynne, P.A., 10 S.E. 1 st Avenue, Suite #C,
Delray Beach, FL 33444 (Attorney representing applicant), made reference to LDR
Section 4.6 .9(E)(3) a request for in-lieu parking and stated the ordinance states when you
have a change of use you may ask for an in-lieu parking fee to accommodate the change
of use and that you will be granted the in-lieu parking fee if it is impossible or
inappropriate to provide the required number of spaces on-site or off-site. Mr. Weiner
stated there are 13 parking spaces on it and it is impossible to provide any more parking
spaces on-site. He stated they are on along Railroad A venue and Atlantic A venue and
they cannot build additional parking spaces in the right-of-way and there are no available
spaces off-site. Mr. Weiner stated this is the last in-lieu parking request the Commission
is considering under the old ordinance. He stated the applicant is willing to pay for in
lieu spaces for the entire second floor of this building and is willing to purchase eight (8)
spaces at a cost of $15,600.00 for a total of $124,800.00 . Mr. Weiner stated in addition
they are getting 12 spaces at about 350 feet away from a dental office that they renting so
they are up to 4 spaces a 1,000 for this particular location. These parking lots are more
than the required distance under the Code to be considered as alternative parking spaces.
However, Mr. Weiner stated they are not asking for them to be formally counted, not
asking for any reduction in the $125,000.00 fee but they are showing their good will by
addressing the general concern with respect to parking. Mr. Weiner stated on a Friday
night during peak season there are 505 spaces and there is 43% utilization and on a
Saturday there is 51 % utilization. Therefore, Mr. Weiner stated in that parking garage
there is 250 unutilized spaces within walking distance of that particular location. He
stated this is the conversion of a little more than 3,000 square feet. Mr. Weiner stated
they have met the requirements of the Board Order and he urged the Commission to
approve the request.
Mayor McDuffie stated if anyone from the public would like to speak in
favor or in opposition of the in-lieu of parking request, to please come forward at this
time. There being no one from the public who wished to address the Commission
regarding the in-lieu of parking request, the public hearing was closed.
Mr. Aronson stated with regard to Mr. Weiner's statement to the Parking
Management Board making his client provide the eight (8) spaces, that was volunteered
by the applicant at the meeting; neither staff nor any of the board members required the
construction of those spaces.
Mr. Weiner stated they are more than willing to be helpful with respect to
the parking of their employees at those two locations. He stated even though it was not a
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concern this particular conversion.
Dr. Alperin commented about the parking lot for the evenings and asked if
there is any signage that will show that it is restricted for a sky bar and that it is not for
public parking . Mr. Weiner stated they will make the appropriate signage.
Mr. Carney asked how long these spaces are being leased at that spot. Mr.
Weiner stated he does not recollect the term of the lease but understands that they need
that lease in order to meet their requirements. He stated he did an analysis of the overall
impact and he does not object to this because the overall impact is minimal. Mr. Carney
stated he would like some assurance that there is going to be a longer term rental.
Mrs . Gray asked if there is a limit on how many spaces the applicant can
purchase. Mr. Aronson stated there is no limit. Mrs. Gray asked if there is a way that we
can determine if the employees are actually using their parking space. Mr. Weiner stated
they are paying for these and under those circumstances they are not going to let them go
empty. Mrs. Gray stated she supports this with the TDM Program.
Mr. Frankel stated he has repeatedly asked staff about an employee
program and Mr. Aronson has been busy with other matters . Mr. Frankel stated he does
not think you can require this restaurant to institute this program; he feels this is an
important program and if someone would like to do this voluntarily it would be okay.
However, Mr. Frankel stated they should not be required to do it unless it is required of
everyone . For the record, Mr. Frankel stated they open at 7:00 a.m. and he drives past the
establishment about 7:45 a.m. and those spots are empty .
Mayor McDuffie stated when he read the quasi-judicial rules of this it
does not make any difference what personal opinions there are but you have to follow the
law. He stated the City created the law and this applicant is abiding by the law as it exists
today and therefore he supports the project.
Dr. Alperin stated he believes that we can request that the TDM and staff
work with them with that.
Mr. Carney stated we need to create a policy where there is some offsite
parking.
The City Attorney stated in this particular case it may be problematic if we
tried to impose a condition where the LDRs do not provide for it.
Dr. Alperin stated by asking them to participate in it, it will give the
applicants an opportunity to give input into developing the program rather than just have
the City automatically laying down the law.
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I Mr. Carney stated Mr. Frankel has brought up numerous times about the
creation of some employee parking concept. Mr. Aronson stated this is part of the
discussions they are having with the Study Implementation Group .
After brief discussion, the Commission concurred that they would like Mr.
Weiner be a participant in creating a solution to this problem. Mr. Weiner stated stickers
will be issued to employees.
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).
Dr. Alperin moved to approve the Board Order as presented , seconded by
Mr. Carney . Upon roll call the Commission voted as follows: Dr. Alperin -Yes; Mr.
Frankel -Yes; Mrs . Gray -Yes; Mayor McDuffie -Yes ; Mr. Carney -Yes. Said
motion passed with a 5 to 0 vote.
9.C. JOINDER TO MEMORANDUM OF
UNDERSTANDINGIMULTIPLE AGENCIES: Consider approval of a Joinder to
the Memorandum of Understanding between South Florida Water Management District
(SFWMD), L WDD, Palm Beach County and the City of Fort Lauderdale regarding the
C-51 Water Supply and Water Quality Reservoir PlalUling and Development.
I Richard Hasko , Director of Environmental Services, stated this proposal is
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to execute a Joinder to the Memorandum of Understanding between South Florida Water
Management District (SFWMD), Lake Worth Drainage District (LWDD), Palm Beach
County, and the City of Fort Lauderdale to keep the City of Delray Beach in the loop in
the C-51 Reservoir project. Mr. Hasko stated as an alternative long term solution to
maintaining ground water levels this has evolved over the past two years in the form of
rock pit excavation at the western extremity of the C-51 Basin at Twenty Mile Bend in
northwestern Palm Beach County to create large scale storm water reservoirs . The
proposal is to use that as a storage reservoir for stormwater. Mr. Hasko stated water
utilities and consumers have been under the gun from South Florida Water Management
District because of the increasing demand and competition for the ground water resource.
He stated that given the fact that we have been in drought off and on for a number of
years and it has been a challenge to maintain those ground water levels . Mr. Hasko
stated solutions that most utilities have been able to come up with in terms of providing
some sort of long-term sustainability for their water supplies have to do with alternative
water supplies. He stated we in Delray have been aggressively pursuing the expansion of
our reclaimed water system as an alternative water supply source. Mr . Hasko stated this
has the potential for actually maintaining the ground water levels throughout the County
and farther south into Broward County for the benefit of the utilities and the water users
that rely on the ground water supply for a relatively inexpensive cost per 1,000 gallons.
Mr. Hasko stated this project has a lot of potential for a long-term sustainable ability to
maintain the shallow acquifer which many of us rely on.
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I Mark Perry, Legal Counsel with Perry & Kern, P.A., 50 S.E. 4th
Avenue, Delray Beach, FL 33483, representing the Lake Worth Drainage District,
distributed handouts to the Commission.
Mr. Carney stated this City has made a lot of effort to preserve water and
asked if we will be compensated. Mr. Hasko stated what staff expects to gain is
"regulatory certainty" and we will not be subjected to continuing negotiations, reviews,
and applications and constant reviews of our demand usage, per capita usage from South
Florida Water Management District with an eye towards modifying the City's
Consumptive Use Permit (CUP).
Mr. Perry stated they are trying to bring on as many participants as
possible. He stated they had Hallandale Beach and Dania Beach join the last couple of
weeks and Boynton Beach has joined them also. Mr. Perry gave a brief overview of the
Memorandum of Understanding (MOU) that he is requesting the Commission to sign and
it runs out the end of December. He stated they are looking at a short-term participation
and it is a non-binding agreement and they are not asking for any dollars today but in
time they will be coming around asking for participation with dollars. Mr. Perry stated
the C-51 project is a utilities driven project and will be for the benefit of the human
population.
Brief discussion between the Commission and Mr. Perry followed.
Mayor McDuffie stated we are doing this in part for the hydrology
because we keep out salt water intrusion.
Dr. Alperin moved to approve the Memorandum of Understanding (MOU)
between South Florida Water Management District (SFWMD), Lake Worth Drainage
District (L WDD), Palm Beach County and the City of Fort Lauderdale, seconded by Mr.
Carney. Upon roll call the Commission voted as follows: Mr. Frankel-Yes; Mrs. Gray
-Yes; Mayor McDuffie -Yes; Mr. Carney -Yes; Dr. Alperin -Yes. Said motion
passed with a 5 to 0 vote.
At this point, the time being 7: 16 p.m., the Commission moved to Item
10, Public Hearings.
PUBLIC HEARINGS:
10.A. ORDINANCE NO. 38-11: Consider an annexation (via the provisions of
the executed Agreement for Water Service and Consent to Annexation) with initial City
zoning of CF (Community Facilities) for Lago Vista, located at the southeast corner of
Linton Boulevard and the L WDD E-3 Canal. (Quasi-Judicial Hearing)
The caption of Ordinance No. 38-11 is as follows:
12
11101/11
I
I
I
I
ORDINANCE COMMISSION
CITY FLORIDA,
ANNEXING A
PARCEL OF AT
CORNER OF LINTON BOULEVARD
LWDD E-3 CANAL, AS IS MORE
WHICH
CONTIGUOUS
LIMITS; REDEFINING THE
OF THE TO INCLUDE SAID
LAND; PROVIDING FOR
OF LAND; PROVIDING
THE ZONING COMMUNITY
FACILITIES PROVIDING GENERAL
A SAVING AND
(The official of Ordinance No. 11 is on file in City
City Attorney read the caption of the ordinance. public hearing was
held having been legally advertised compliance with laws State Florida
the City of
Mayor McDuffie asked Commission to disclose ex
communications. The Commission had no ex parte communications to disclose.
IIrAI'tnr of Planning this is a City-
of an executed for
the Lago Vista property -and application initial (Community
Facilities). Mr. Dorling this is a 6.12 acre site lV...,'.....,U on south of Linton
Boulevard west of the He this is a 44,514 square foot
nursing home with 120 is to Water
Dorling that Water Service
properties at the southwest comer
with shopping center to be in 2011, the hospital in 2005, and the Fair
property immediately south of this one in 2008 and this was the of the properties to
annexed in the 2011. Mr. Dorling stated it is in our annexation area as
the Annexation Area and is the and
its meeting July 18, 2011, Planning and Zoning Board
""""."''' this and rp("r.TY \'"., approval.
Mr. Dorling of
to the State so the was several months
for He staff
Interlocal Plan
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I
I (lP ARC) was also notified and they have no objections, Lake Worth Drainage District
was contacted and they also have no objections. Formal notice was provided to people
within 500 feet and the City has received no comments. Staff recommends approval of
Ordinance No. 38-11 on Second and Final Reading.
The City Attorney stated the City is the applicant for the rezoning portion
of this.
Mayor McDuffie declared the public hearing open . There being no one
from the public who wished to address the Commission regarding Ordinance No. 38-11,
the public hearing was closed.
Mr. Carney moved to adopt Ordinance No. 38-11 on Second and FINAL
Reading, seconded by Mr. Frankel. Upon roll call the Commission voted as follows:
Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Carney -Yes; Dr. Alperin -Yes; Mr.
Frankel -Yes. Said motion passed with a 5 to 0 vote.
10.B. ORDINANCE NO. 25-11: (SECOND READING/ADOPTION
HEARING FOR COMPREHENSIVE PLAN AMENDMENT 2011-1): Consider
approval and adoption of Comprehensive Plan amendment 2011-1 including the
following text changes.
A. City Initiated Text Amendments:
1. City Initiated: Future Land Use Element -Addition of 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.
11. City-initiated: CapitaJ Improvement Element -Update the
City 's Reclaimed Water Capital Improvement Schedule
(Table RW-CIP) to reflect adoption of the FY2012-FY2016
Capital Improvements Program.
111. City-initiated: Capital Improvement Element -Update the
City's Five-Year Capital Improvements Schedule (Table CI
CIP) to reflect adoption of the FY2012-FY2016 Capital
Improvements Program.
IV . City-initiated: Capital Improvement Element -Update the
Palm Beach County School District's Capital Improvement
Schedule (Table SD-CIP) to reflect adoption of its FY2012
FY20 16 Capital Improvements Program.
B. City initiated Future Land Use Map amendment:
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I
I
I 1. City initiated Future Land Use Map amendment from County
INST/8 (Institutional with an underlying Residential of 8
units per acre) to City CF (Community Facilities) for Lago
Vista, located at the southeast comer of Linton Boulevard
and the LWDD E-3. (Quasi-judicial Hearing)
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y 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 PARTICULARL Y
DESCRIBED IN EXHIBIT "A" ENTITLED
"COMPREHENSIVE PLAN ANIENDMENT 2011-1 "
AND INCORPORATED HEREIN BY REFERENCE;
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 25-11 is on file in the City Clerk's
office .)
I 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
Comprehensive Plan Amendment 2011-1 and had its first reading in April 2011 and was
transmitted to the State. Mr. Dorling stated at the time it was transmitted to the State it
included one City-initiated land use amendment which is the Lago Vista nursing home
and one City-initiated text amendment which related to a policy that was being added that
suggested that projects incorporate crime prevention through environmental design
standards to the greatest extent possible during their review. Mr. Dorling stated there
have been three additional amendments that have been added to this at second reading.
He stated these usually do not receive any comment from the State and this is the way
these additions are handled. Mr. Dorling stated those additions include tables associated
with Five-Year Capital Improvement Schedule for 2012-2016; Capital Improvement
Schedule for Palm Beach County which is in the Public School's Element and some
modifications to the City's Reclaimed Water Capital Improvement Schedule for 2012
2016.
At its meeting of July 18, 2011 , the Planning and Zoning Board
considered this and there were no comments from the public and the Board voted 5 to 0
I to recommend approval.
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I Mayor McDuffie declared the public hearing open. There being no one
else from the public who wished to address the Commission regarding Ordinance No. 25
11, the public hearing was closed.
Dr. Alperin moved to adopt Ordinance No . 25-11 on Second and FINAL
Reading, seconded by Mr. Frankel. Upon roll call the Commission voted as follows:
Mayor McDuffie -Yes; Mr. Carney -Yes; Dr. Alperin -Yes; Mr. Frankel -Yes; Mrs.
Gray -Yes. Said motion passed with a 5 to 0 vote.
At this point, the time being 7:25 p.m., the Commission moved to Item
11, Comments and Inquiries on Non-Agenda Items from the City Manager and
Public.
City Manager's response to prior public comments and inquiries.
The City Manager stated at the last meeting Mrs. Finst raised concerns
about the parking arrangements at the Milagro Center. Staff took a look at that and they
are following the approved site plan which they believe is set up to give the maximum
safety for pickup and drop off for children.
11.B. From the Public.
11.B.1. Jolene McClure, owner of Off the Ave Food & Spirits, 19 S.E. 5 th I
Avenue, Delray Beach, FL, expressed concern over an issue that they are having in this
part of the downtown area and stated in front of Starbucks there is an element of disgrace
and dysfunction that is giving a black eye to the City. Ms. McClure stated there are drug
deals , criminals, and people are being accosted and are afraid to cross Federal Highway.
She stated there have been purse snatchings and robberies and noted she has called the
Police 12 times in the last week. Ms. McClure stated people are intimidated and they do
not want to walk through the front door of her businesses urged the City to help the
businesses in this area (Federal Highway going south). She stated people are being
accosted while getting out of their cars and while walking by Starbucks. Ms. McClure
stated the other day she called the police five times in one morning and 27 minutes
someone showed up. Ms. McClure stated because of the intimidation element there
should be 24 hour police presence to her end of the street. She stated the City promotes
people coming to the downtown area and stated this is not an element that we need to
promote because it is killing the businesses.
I1.B.2. Mike Malone, Chamber of Commerce, 64 S.E. 5 th Avenue, Delray
Beach, FL, stated as a follow up to Ms. McClure's comments, the Chamber met with a
group of their merchants downtown a couple of weeks ago and joined another meeting
that the DDA had and in their Govenunent Affairs meeting on Friday discussed this
being one of the many issues. Mr. Malone stated they are hearing from more of the
merchants about a lot of people hanging out on the streets and he noted they have seen an
increase over this past summer. He stated anything the Police Department can do in I
visiting with some of those people would be helpful. Mr. Malone stated they are going to
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I be working with the merchants and they talked to Marjorie Ferrer with Clean and Safe to
help work that area as well to see if there is something they can do together with the
DDA to come from the merchant side as well.
Mr. Frankel reiterated similar comments expressed by Ms. McClure and
stated on that comer there are people hanging out all day. He stated we used to have
Clean and Safe Officers walk up and down the street doing preventive measures. Mr.
Frankel stated the Clean and Safe Officers are driving not walking up and down the
Avenue .
Mr. Carney stated a greater police presence (i.e. walk-through) might not
be a bad idea.
I
11.B.3. Bonita Goldstein, 302 N.E. 7th Avenue, FL 33483, supports the
comments that are being said this evening and mentioned one of the City'S goals about
quality neighborhoods where people want to live. Ms. Goldstein stated shortly after she
purchased property on i h A venue and 3 rd Street she came across an article on the internet
proclaiming "Delray Beach Rehab Capital of the World". Ms. Goldstein stated despite
this article she opened the first Bed and Breakfast in Delray Beach and stated they are
now living in fear that their guests may fmd themselves victims of theft just by being in
this neighborhood. Ms . Goldstein stated their neighborhood is under siege with one theft
after another and noted that people's homes are being invaded by rehabbers needing
money for their next fix. She stated the rehab facility on 3 rd Street and Federal Highway
behind her property has been sold to another rehab business. Ms. Goldstein suggested
that there be real lock down on facilities that promote themselves as rehabs and urged the
City to provide additional security for this situation.
I1.B.4. Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane #2110, Delray
Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray
Beach and Member of the Alliance), briefly discussed the Police Department and the
response time as mentioned by Ms. McClure. Dr. Kirson feels that the City has taken a
lot of benefits away from the Police and stated you caIU10t do that to people and expect
them to give you the same perfonnance.
The City Manager stated the Police Officers are perfonning in a fine
maIU1er and he is sure if they are made aware of this issue that they will address it
appropriately. The City Manager stated Dr. Kirson should not disparage the perfonnance
of our Police Department because it is not appropriate and he has no basis for it. The
City Manager stated the response times have not gone down and this was a low priority
call and it was treated as such.
I
11.B.5. Anthony Cottone, member of the Financial Review Board, stated he
has been doing research for the City in regards to the teIU1is facilities and noted that the
After School Programs and the Summer Camps are not at capacity. Mr. Cottone stated
the capacity for the City HalllCommunity Center Camp is about 100 and the capacity at
Pompey Park is about 200 for under age 12 . He stated the cost per month for an under
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I privileged child was $8.00 per month and now it is $50.00 a month. Mr. Cottone stated
he attended the Teen Center today and there is only about 20 people attending the facility.
He stated out of the City's $100,000,000 million budget $15 million is used on Parks and
Recreation and there needs to be some reallocation of the funds so that these
underprivileged kids can get the structure that they need so that they do not stay home
unsupervised and tum into this drug element that the City is trying to avoid. Mr. Cottone
stated he would like to get this on the Agenda and promote this program so these
underprivileged kids can receive some type of subsidies so that these programs can be
used more.
11.B.6. Sarah Martin, Executive Director of the Delray Beach Marketing
Cooperative, stated she has also dealt with the Starbucks issue off S.E. 5 th A venue. She
stated it is sometimes difficult, uncomfortable, and almost impassible along the sidewalk
and she opts to walk on the west side of the road.
Ms. Martin commented about the "On the Ave" Centennial Celebration
and stated this was a collaborative effort with many different groups. She recognized
Gary "Buzzy" Buzen and Joey Vaslishan from the Public Works Department for all their
help.
9.D. SETTLEMENT OFFER IN ILENIA JOSEPH v. CITY OF DELRAY
BEACH: Consider a Settlement Offer in the total amount of $20,000.00 in Ilenia Joseph
v. City of Delray Beach. Staff recommends approval subject to the receipt of the I
. appropriate releases.
Brian Shutt, Assistant City Attorney, stated this is a settlement offer in
Ilenia Joseph v. the City of Delray Beach and this case arose out of a City employee
leaving the Fire Department headquarters and pulling into the path of Ms. Joseph and she
sustained injuries in the amount of $17,300.00 to date. Staff recommends a Settlement
Offer in the amount of $20,000.00 subject to the appropriate releases.
Mr. Carney moved to approve the Settlement Offer subject to the
appropriate releases, seconded by Mr. Frankel. Upon roll call the Commission voted as
follows: Mr. Carney -Yes; Dr. Alperin -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes;
Mayor McDuffie -Yes. Said motion passed with a 5 to 0 vote.
9.E. SPECIAL EVENT REQUESTffREE LIGHTING/ON THE
A VENUE: Consider approval of a special event request to endorse the Tree Lighting
and On the Avenue to be held on December 1,2011 from 5:00 p.m. to 10:00 p.m., to
grant a temporary use permit per LDR Section 2.4.6(F) for the closure of Atlantic A venue
from Swinton to N.E./S.E. 6th Avenue, and to the alley north of Atlantic Avenue on N.E.
1st Avenue, N.E. 2nd Avenue, Railroad Way, and N.E. 4th Avenue and from Atlantic to
the alley south on S.E. 1 st A venue, S.E. 2nd Avenue, S.E. 3rd A venue and S.E. 4th
Avenue; to authorize staff support for security, traffic control, banner hanging and I
removal, barricade set up and removal, trash removal, clean up, EMS assistance, fire
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I inspection services and use of the large City stage ; contingent upon receipt of the Hold
Harmless Agreement.
Robert A. Barcinski, Assistant City Manager, stated this is a Special Event
Request for the Tree Lighting on Atlantic Avenue December 1 , 2011 from 5:00 p.m. to
I
10:30 p .m., to grant temporary use permit for closure of Atlantic A venue as specified and
requesting staff support for security , traffic control , banner hanging , barricading, etc . Mr.
Barcinski stated everything that is required was included in the permit request, budget ,
site plan , tree lighting schedule and an economic calculator for this event. He stated this
is a shared event between the City and the Downtown Marketing Cooperative COMC).
The tree lighting portion is the City'S and On the A venue belongs to the DMC. The
estimated overtime costs for the event is $12 ,630.00 of which $5,050.00 is assigned to the
Tree Lighting and $7,580.00 for On the Avenue. These cost estimates will be lower if we
do not do the "Dinner in the Sky". The estimate of overtime cost is $2 ,655.00 and all
other costs being related to the tree lighting. Mr. Barcinski stated Ms . Martin proposes to
add an element which is "Dinner in the Sky" and staff has included pictures in the back
up. Staff has concern over this because this is a seating arrangement of 22 seats and you
get a chef in the middle and you get lifted up 160 feet in the air on a crane and the
location is in the middle of the pavilion grounds. Staffs concern is with the helicopter
landing in the park, the tree lighting going on simultaneously, and having this event that
same night in the pavilion grounds that it would be overcrowding the site . Mr. Barcinski
stated staff is concerned with safety and because of the crowd control. Staff recommends
approval contingent on the Hold Harmless Agreement Liability insurance by November
23 rd ; however, staff does not recommend the "Dinner in the Sky" element.
I
Sarah Martin, Executive Director of the Downtown Marketing
Cooperative (DMC), stated the "Dinner in the Sky" event has been organized in over 34
countries and there is no open fire utilized on the open table and all food is prepared on
the ground and taken up and then served in a fancy fashion at the table. Ms. Martin
stated you must be at least 4 feet 11 inches to go on the ride and if you have to go to the
restroom it can go up and down in one minute. She stated the ride is tested every three
months by an accredited testing agency in the U.S. Ms. Martin stated this has been done
all around the world and out of all 34 countries there has never been one incident or
insurance claim against the company. Ms. Martin stated they need a restaurant sponsor in
order for this to happen. She stated they have discussed some alternate locations for the
crane and they would not move forward unless it was approved by them. One of which
was to put the table on the top of the garage and lift it from there so that it would not
impact the people on the ground. This portion of the event will raise a substantial amount
of money that will help them supplement their sponsorship dollars. Ms. Martin stated at
the $500.00 level they would have 88 seats available . Ms. Martin stated she is working
on getting the crane and the freight donated; however , the rental for this alone for 8 hours
is $40,000.00 . Ms. Martin stated the money would go back to the production of the 100
foot Christmas tree and marketing and stated it would be approximately $15,000
$22,000. She stated this will help fulfill their agreement with the City which is to
fundraise, produce and program these events.
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I I Mrs. Gray asked if the DMC is preselling tickets and whether or not they
have sponsors for these in case they do not sell out. Ms. Martin stated the restaurant
actually runs the risk. Ms. Martin stated once all the tickets are sold the restaurant would
be liable for $18,000.00 which they could split with a liquor sponsor and that would bring
their liability down to $9,000.00 ; if there are less tickets sold the restaurant has to
actually bear the cost.
Brief discussion between Ms. Martin and Mayor McDuffie followed. Ms.
Martin stated 50% goes to the DMC and the remainder goes back to the restaurant to
offset the $40 ,000.00. The restaurant still has to come up with an additional $18 ,000.00
which the DMC suggested they split with the liquor sponsor. The City will receive half
the gross amount.
Ms . Martin stated this is an extreme branding opportunity for a
restaurateur who has multiple restaurants and the DMC is in discussions with all of them.
The Commission concurred that this is an extreme branding opportunity
for the City.
Mrs. Gray stated on the night of the Tree Lighting there is music in several
spots and events going on and asked if this is being extended to the plaza. Ms . Martin
stated they are working closely with Prep and Sports for the activities that they held
previously at the last On the A venue to help supplement their funding. She stated last
I
time they did it total gratis and this time the DMC is actually helping them financially to
do that and partnering on it together.
Dr. Alperin moved to approve the Special Event Request for the Tree
Lighting and On the A venue with the Dinner in the Sky element to be held on December
1 , 2011 from 5:00 p.m. to 10:00 p.m., seconded by Mr. Carney. Upon roll call the
Commission voted as follows: Dr. Alperin -Yes; Mr . Frankel -Yes; Mrs. Gray -Yes;
Mayor McDuffie -Yes ; Mr. Carney -Yes. Said motion passed with a 5 to 0 vote.
9.F. SPECIAL EVENT REQUEST/50TH ANNUAL DELRA Y
AFFAIR: Consider approval of a special event request from the Chamber of Commerce
to endorse the 50th Annual Delray Affair to be held on April 13-15, 2012 , to grant a
temporary use permit per LDR 's Section 2.4 .6(F) for use of City property and rights-of
way as requested including Atlantic Avenue from S.W. 2nd Avenue to Palm Square , to
allow all vendor permits to be assigned and approved by the Chamber of Commerce, to
allow this to be the only event held on these dates in the City, to provide a waiver of
parking time restrictions in the downtown area during the event , and to provide staff
support as requested; contingent upon the conditions of approval listed in the staff report.
Robert A. Barcinski , Assistant City Manager, stated this is a Special Event
permit request for the 50 th Annual Delray Affair to be held April 13-15, 2012 granting the
temporary use permit for the closure of Atlantic A venue, other rights-of-way and use of I
the park. Mr. Barcinski stated they are asking for a one block extension west to S. W. 2 nd
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A venue versus N. W. 1 SI A venue. Mr. Barcinski stated they are also requesting that this be
the only event allowed during that time. Staff recommends approval with the following
conditions: (1) allow banners to be placed within confines of the event site as may be
approved by the Community Improvement Director per Code, (2) receipt of a Certificate
of Event Liability and Alcohol Liability Insurance by March 30,2012 , (3) alcohol sales
must be contained in a beer garden with security, (4) not allow vendor parking in Veterans
Park , (S) Copies of signed rental agreements with Old School Square and the City for use
of Old School Square Park by March 30, 2012, (6) Only allow use of City Attorney lot for
vendor parking on Saturday and Sunday, April 14 & IS, 2012 . Mr. Barcinski stated all
other lots requested would be for vendor parking on a non-exclusive use and the City will
be charging in the garage and the County garage as well as the City Hall lot.
Mrs. Gray asked why they wanted to recommend that there would be no
other events in the City. Mr . Barcinski stated it takes up almost the entire downtown and
City staff is spread very thin.
Mr. Frankel expressed concerns over the new setup last year.
Bern Ryan, CFO of Festival Management Group, 64-B S.E. sth
Avenue, Delray Beach, FL 33483, stated because they lost the use of Atlantic Plaza they
had to reconfigure the footprint of the event. Last year they had some issues with Old
School Square being blocked by a very large tent at N .E. 1 sl A venue. Mr. Ryan stated that
tent will not be there this year because they are doing some additional entertainment at the
Old School Square area to draw more foot traffic over there. He stated they are going to
attempt to do more signage this year and do some more direction to get some of those
vendors who had been there a long time over there . Mr. Ryan stated well over SO% of the
vendors who are in that area have requested to again be put in Old School Square.
Dr. Alperin asked Mr. Ryan if he is confident that Atlantic Plaza and
Veteran 's Park is not going to be available this year. Mr. Ryan stated due to pending
construction and that it is private property, Atlantic Plaza elected last year to not allow the
Delray Affair to utilize that space.
Mr. Frankel moved to approve the Special Event Request for the SOth
Annual Delray Affair with staff conditions, seconded by Mrs. Gray . Upon roll call the
Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie
Yes; Mr. Carney -Yes ; Dr. Alperin -Yes. Said motion passed with a S to 0 vote.
9.G. APPOINTMENT TO THE POLICE ADVISORY BOARD: Appoint
one (1) regular member to the Police Advisory Board to serve an unexpired term ending
July 31,2013 . Based upon the rotation system, the appointment will be made by
Commissioner Carney (Seat #1).
Mr. Carney moved to appoint Annette Annechild as a regular member to
the Police Advisory Board to serve an unexpired term ending July 31, 2013, seconded by
Mr. Frankel. Upon roll call the Commission voted as follows : Mrs. Gray -Yes; Mayor
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I McDuffie -Yes; Mr. Carney -Yes; Dr. Alperin -Yes; Mr. Frankel-Yes. Said motion
passed with a 5 to 0 vote.
At this time, Conunissioner Carney left the dais.
9.H. APPOINTMENT TO THE EDUCATION BOARD: Appoint one (1)
regular member to the Education Board to serve an unexpired term ending July 31, 2012.
Based upon the rotation system, the appointment will be made by Conunissioner Gray
(Seat #4).
Mrs. Gray stated she wished to defer her appointment to the next regular
meeting of November 15,2011.
9.1. APPOINTMENT TO THE FINANCIAL REVIEW BOARD: Appoint
one (1) regular member to the Financial Review Board to serve an unexpired term ending
July 31, 2012 . Based upon the rotation system, the appointment will be made by
Conunissioner Frankel (Seat #3).
Mr. Frankel moved to reappoint David Stein as a regular member to the
Financial Review Board to serve an unexpired term ending July 31, 2012, seconded by
Dr. Alperin. Upon roll call the Conunission voted as follows: Mayor McDuffie -Yes;
Dr. Alperin -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes. Said motion passed with a 4 to 0
vote.
9.J. 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 Conunissioner Alperin (Seat #2).
Dr. Alperin moved to appoint Stephanie Sugar as a regular 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: Dr. Alperin -Yes; Mr.
Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes. Said motion passed with a 4 to
o vote.
9.K. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint
one (1) alternate member to the Board of Adjustment to serve an unexpired term ending
August 31, 2013. Based upon the rotation system, the appointment will be made by
Commissioner Frankel (Seat #3).
Mr. Frankel moved to appoint Brenda Cullinan as an alternate member to
the Board of Adjustment to serve an unexpired term ending August 31, 2013, seconded
by Mrs. Gray. Upon roll call the Conunission voted as follows: Dr. Alperin -Yes; Mr.
Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes. Said motion passed with a 4 to
o vote.
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I At this point, the time being 8: 1 0 p.m., the Commission moved to Item
12, First Readings.
12. FIRST READINGS:
12.A. ORDINANCE NO. 37-11: Consider a city initiated amendment to the
Land Development Regulations CLDR) Section 4.5.3, "Flood Damage Control
Districts", Subsection CD), "Construction Standards", to modify the section while
maintaining compliance with State Statutes and Federal Requirements. If passed, a public
hearing will be held on November 15,2011.
The caption of Ordinance No. 37-11 is as follows:
I
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORlDA,
AMENDING THE LAND DEVELOPMENT
REGULA TIONS OF THE CODE OF ORDINANCES,
BY AMENDING SECTION 4.5.3, "FLOOD DAMAGE
CONTROL DISTRlCTS", SUBSECTION (D)
"CONSTRUCTION STANDARDS", TO MODIFY
THE SECTION WHILE MAINTAINING
COMPLIANCE WITH STATE STATUTES;
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 37-11 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance.
Paul Dorling, AICP, Director of Planning and Zoning, stated on January
11, 2011, the City Commission adopted Ordinance No. 02-11 which amended the flood
damage control regulations for the City. Mr. Dorling stated one of the major items was
requiring that the lowest floor elevation be raised 12 inches above the base floor elevation
for all new construction. He stated it has created some issues and obstacles as it relates to
maintaining drainage on adjacent sites given very close setbacks. Mr. Dorling stated at
the time those were adopted it was thought that they were mandated by the State and staff
has come to find out that they were actually optional and staff would like to remove the
language that has become problematic as it relates to raising that elevation 12 inches.
A t its meeting of September 19, 2011, the Planning and Zoning Board
considered this item and recommended approval. Staff recommends approval.
I
Dr. Alperin stated when you require a new house to be raised any level
from the previous houses it is causing the drainage to go into the next houses. He stated
we need to solve this problem and feels the old houses get flooded yards because of the
City'S requirements.
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I The City Manager stated we should require them to build a stem wall
instead of just raising the ground level.
Dr. Alperin moved to approve Ordinance No. 37-11 on FIRST Reading,
seconded by Mr. Frankel. Upon roll call the Conunission voted as follows: Mr. Frankel
-Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Carney -Yes; Dr. Alperin -Yes.
Said motion passed with a 5 to 0 vote.
12.B. ORDINANCE NO. 40-11: Consider a city initiated amendment to the
Land Development Regulations (LDR) Section 4.6.9(E)(3), "In-Lieu Fee", to clarifY that
the maximum percentage of in-lieu spaces applies only to new developments and the
expansion of existing developments. If passed, a public hearing will be held on
November 15,2011.
The caption of Ordinance No. 40-11 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES,
BY AMENDING SECTION 4.6.9, "OFF-STREET
PARKING REGULATIONS", SUBSECTION (E),
"LOCATION OF PARKING SPACES",
PARAGRAPH (3), "IN-LIEU FEE"; TO CLARIFY
THE APPLICABILITY OF THE MAXIMUM
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PERCENTAGE OF IN-LIEU PARKING SPACES
PERMITTED; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 40-11 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance.
Paul Dorling, AICP, Director of Planning and Zoning, stated on August 2,
2011, the City Conunission adopted Ordinance No. 21-11 and that limited the number of
required parking that could be satisfied via the purchase of in-lieu spaces to 30% of the
required spaces. Mr. Dorling stated this ordinance will clarify that this 30% maximum
will apply to in-lieu requests involving new development or expansion of existing uses.
At its meeting of October 10, 2011, the Downtown Development
Authority (DDA) reviewed the item and reconunended approval; at its meeting of
October 11, 2011, the West Atlantic Redevelopment Coalition (W ARC) reviewed the
item and reconunended approval; at its meeting of October 13, 2011, the Conununity
Redevelopment Agency (CRA) reviewed the item and reconunended approval; at its I
meeting of October 25, 2011, the Parking Management Advisory Board (PMAB)
reviewed the item and reconunended approval; at its meeting of October 17, 2011, the
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Planning and Zoning Board reviewed the item and recommended approval.
Mr. Frankel moved to approve Ordinance No. 40-11 on FIRST Reading,
seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mrs. Gray
Yes; Mayor McDuffie -Yes; Mr. Carney -Yes; Dr. Alperin -Yes; Mr. Frankel -Yes .
Said motion passed with a 5 to 0 vote.
12.C. ORDINANCE NO. 41-11: Consider a city initiated amendment to the
Land Development Regulations (LDR) Section 2.4.6(F), "Temporary Use Permit", to
clarify the approval authority for uses under a tent. If passed, a public hearing will be
held on November 15, 2011.
The caption of Ordinance No. 41-11 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS, BY AMENDING SECTION 2.4.6,
"PROCEDURES FOR OBTAINING PERMITS AND
APPROV ALS", SUBSECTION (F), "TEMPORARY
USE PERMIT", TO CLARIFY THAT THE CHIEF
BUILDING OFFICIAL MAY GRANT PERMISSION
FOR TEMPORARY USES, PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE.
(The official copy of Ordinance No. 41-11 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance.
Paul Dorling , AICP, Director of Planning and Zoning, stated this came out
of discussions that the Commission had a couple of months ago as it related to assembly
uses that wanted some extended periods of time . Mr. Dorling stated this clarifies that if
there is a request for three days or under it can be approved by this Chief Building
Official. He stated it also specifies that requests over seven days are not allowed for
those sorts of requests.
At its meeting of October 17, 2011, the Planning and Zoning Board
considered this item and recommended to approve with 7 to 0 vote.
Dr. Alperin inquired about seasonal items. Mr. Dorling stated seasonal
items are not subject to that time restriction and noted that this is for assembly
occupancies only.
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I Dr. Alperin moved to approve Ordinance No. 41-11 on FIRST Reading,
seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor
McDuffie -Yes; Mr. Carney -Yes; Dr. Alperin -Yes; Mr. Frankel -Yes; Mrs. Gray-
Yes. Said motion passed with a 5 to 0 vote.
12.D. ORDINANCE NO. 42-11: Consider an amendment to Chapter 33,
"Police and Fire-Rescue Departments", Section 33.64, "Contributions", Subsection (A),
"Member Contributions", to increase employee contributions by 3% in compliance with
the new terms of the Collective Bargaining Agreement. If passed, a public hearing will be
held on November 15, 2011.
The caption of Ordinance No. 42-11 is as follows:
AN ORDINANCE OF THE CITY
COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER
33, "POLICE AND FIRE-RESCUE
DEPARTMENTS", SECTION, 33.64,
"CONTRIBUTIONS", SUBSECTION (A),
"MEMBER CONTRIBUTIONS", TO MODIFY
MEMBER CONTRIBUTIONS FOR POLICE
OFFICERS; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 42-11 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance and stated this
ordinance implements the pension changes for Police Officers that was recently
contained in the Collective Bargaining Agreement. The City Attorney stated it increases
the member contribution from 3% to 6% and removed an out-of-date reference to a
previous member contribution amount that was no longer applicable.
Dr. Alperin moved to approve Ordinance No. 42-11 on FIRST Reading,
seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Carney
-Yes; Dr. Alperin -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes.
Said motion passed with a 5 to 0 vote.
At this point, the time being 8:25 p.m., the Commission moved to Item
13, Comments and Inquiries on Non-Agenda Items from the City Manager, City
Attorney and City Commission.
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
B.A. City Manager
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I The City Manager stated he received an email on Monday from the
International Institute of Municipal Clerks (IIMC) that Chevelle D. Nubin, City Clerk ,
City of Delray Beach has earned the designation of Master Municipal Clerk which is
awarded by the International Institute of Municipal Clerks Incorporated . The City
Manager stated the IIMC awards the Master Municipal Clerk designation only to those
municipal clerks who complete demanding education requirements and who have a
record of significant contributions to their local government , community and state.
Secondly, the City Manager stated with regard to the Palm Beach County
League of Cities Meeting last week the League approved the draft lobbyist registration
ordinance that will be going to the County Commission and hopefully is on its way to
being finalized. The City Manager stated there are also revisions to the Well Field
Protection ordinance. He stated there was some discussion about the possibility of a
municipal service taxing unit for law enforcement services and noted that Marion County
and Okeechobee County have done that.
The City Manager stated Lynn University was awarded a bid for one of
the Presidential Debates and they are looking for host venues for simulcast and this is
something the City can talk to Old School Square about and see if there would be some
interest in doing that.
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The City Manager stated the Tri-Cities barbeque IS In Pahokee on
December 9, 201 1 .
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He stated at the Florida League Legislative Committee Meetings last
Friday in Orlando they discussed 8 issues: red light cameras, sweepstakes, internet cafes ,
e-911 call operator exemption for sworn law enforcement officers, effective public
notice, and cost of Code Enforcement violation mailings. The City Manager stated right
now you are required to send certified mail return receipt requested and in the post office
today certified mail is tracked so there is no reason to continue requiring return receipt
and it would save quite a bit of money if you did not have to do that. The City Manager
stated there was also some discussion about secondary metals recyclers and whether that
needed to be amended. The City Manager stated what was brought up this year and it
would be helpful to the City is a special event immunity provision. He stated a few years
ago the State adopted an immunity provision for skateboard parks that if you are injured
in a skateboard park and you signed a waiver that the City cannot be held liable for that.
The City Manager stated the City of North Port brought up the idea of trying to get the
legislature to provide liability protection for the City when you have non-profit agencies
holding events on City property. He stated now a non-profit is required to go out and buy
a separate insurance policy to insure the City in addition to the insurance coverage they
already have. The City Manager stated this would be beneficial to many non-profits.
The City Manager stated there was also discussion about the proposed casino bill for
Dade and Broward Counties. He stated the priorities that the City chose so far are red
light cameras; e-911 call operator for sworn law enforcement officers, and effective
public notice and the strategy of public notice is to try to chip away at it. The City
Manager stated there is a bill that would allow a lot of things to be advertised on the
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I internet, by posting, or other effective means but there is no overcoming the newspaper
lobby on that. He stated there is another bill that would require you to still buy ads but
you can buy them on the online version of the newspaper. The City Manager stated they
will probably start with land use amendments where they would delete the requirement
that you include a map in the ad because the map is so small you cannot really read it.
He stated those three issues are going forward and when they meet in September they
have to narrow it down to two of these issues. The City Manager stated there are two
bills that have been introduced and one would prohibit internet cafes and the other would
regulate them. He stated while they felt it is a big issue, it was not a priority compared to
some other things that could save the City a good deal of money.
City Attorney
The City Attorney had no comments or inquiries on non-agenda items.
City Commission
B.C.l. Mrs. Gray
Mrs . Gray thanked everyone that came out to the Community
Redevelopment Agency (CRA) meeting for the proposed hotel and stated there was a
great turnout and great feedback from the residents and business owners.
Secondly, Mrs. Gray stated at the S.W. 5 th Avenue and Atlantic Avenue
Plaza Park there are kids that are skateboarding up and down the stage area.
She mentioned the signage for the garages and asked what is being done to
advertise the garage. The City Manager stated there are visible signs for the Old School
Square Garage and the City would like to put some more directional signs up. The sign
in the median on Atlantic A venue was changed from black and white to the yellow color
that is standard for parking. The City Manager stated the City wants to put some on the
span wires where the signals are at 1 st and Swinton A venue. Also, he stated the
Federspiel Garage could stand some improvement.
Mrs. Gray inquired about the in-lieu parking fees. The City Manager
stated these fees go into a fund to be used to create more parking. He stated it is divided
into different zones and each zone is tracked separately. Mrs. Gray commented about the
safety of the garage and whether we are considering installing cameras not just manning
it. The City Manager stated the valet will be on the top floor and the idea is to get people
more up and down in the structure all the time. Mrs. Gray asked about people that are
just self-parking and asked how we are going to make them feel a little safer.
Dr. Alperin asked if we have a record of how many in-lieu spaces we have
authorized over the years and how many have been done since the Old School Square
Garage and the Federspiel Garage has been built or how many spaces are still available
for more in-lieu use for the downtown areas.
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I Dr. Alperin stated he went into a parking garage in Peru and was shocked
at how bright and lit up it was and the owner was selling advertising inside the garage for
local businesses.
13.C.2. Mr. Carney
Mr. Carney stated as it relates to return receipt requested and having been
involved in representing lenders often times documents talk about when received and he
knows you can track things but noted a signature is great. The City Manager stated there
are two other examples where that has already been repealed; one is for towing
businesses and he caIU10t remember what the other one is. The Cit y Manager stated they
feel for Code Enforcement why should they be held to a higher standard.
Mr. Carney concurred with conunents expressed by Mrs. Gray . Mr.
Carney concurred with Dr. Alperin and stated based on the garage he would like to know
how many of the in-lieu parking spaces have we sold .
13.C.3. Mr. Frankel
Mr. Frankel had no conunents or inquiries on non-agenda items.
13.C.4. Dr. Alperin
I Dr. Alperin stated ten years ago there was discussion about building the
clubhouse at the Golf Course and that it would be a waste of money and it would never
succeed but it is a huge success. Dr. Alperin stated we now have international tennis and
we are now known for tennis. He stated some people did not agree that we should spend
money on beautifying and creating the pedestrian walkway of Atlantic Avenue. Dr.
Alperin stated if you put money into it and invest it and take a chance it pays off.
Secondly, Dr. Alperin stated when he was in Peru he had the opportunity
to eat guinea pig and alpaca.
13.C.5. Mayor McDuffie
Mayor McDuffie stated tomorrow the Digital Divide Conunittee will
meet. The project will kick-off in west Delray Beach. He stated from the CRA they
currently have $90,000.00 in funding and $9,900.00 in contributions from private
citizens . Mayor McDuffie stated the cost is approximately $120,000.00 and right now we
have $99,900.00 in hand. He stated this project will blanket the area from Lake Ida south
10 th to Street from Swinton A venue west to Congress A venue with free wireless
equipment. In addition, Mayor McDuffie stated there are three participating schools
(Atlantic High School, Spady Elementary, and the Village Academy) who are
refurbishing PC's. Mayor McDuffie stated this is free and noted there are multiple
I partners.
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I Secondly, Mayor McDuffie stated he "pardoned" a turkey at the Green
Market.
Mayor McDuffie stated he had a meeting today with the Lobbyist
Registration Software Committee going over the prototype of all the screens for lobbyist
registration which will be available to all municipalities as well as the County so that
every city will be able to get on board and we will be able to register our lobbyist online.
The lobbyist themselves will pay a fee and that fee will pay for the registration system so
there will be no charge to us.
He stated he was at the Achievement Center for Children and Families for
lunch today and was reminded what a marvelous job that the Achievement Center does in
our community. Mayor McDuffie stated lots of dignitaries came by today to see what the
Achievement Center does and the compliments were incredible. Mayor McDuffie stated
Nancy Hurd and her staff does an awesome job. Mayor McDuffie stated any welfare
family who has ever come into the Achievement Center has left the Achievement Center
free from welfare and their rate of success on that today is 100%.
There being no further business, Mayor McDuffie declared the meeting
adjourned at 8:54 p.m.
City Clerk
ATTEST:
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 Tuesday, November 1,2011, which Minutes were formally approved and adopted by
the City Commission on November 15,2011.
~.3.\:).~~,
City Clerk
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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.
3]
]I /O]/] ]
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I 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 ALLOW DRIVE-THRU LANES
FOR DELRAY COMMUNITY PHARMACY
1. This conditional use request has come before the City Commission on
November 1, 2011. The conditional use request is to demolish the existing use and
establish a drive-thru pharmacy and retail facility at 1601 South Congress 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 for Delray Community Pharmacy. All of the evidence is a part of the record in
this case. Required findings are made in Sections I and II below .
I. COMPREHENSIVE PLAN
I 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?
No ____Yes ----
B. 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?
No ____Yes ----
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 .
Other objectives and policies found in the adopted Comprehensive Plan may be used in I making a finding of overall consistency.
City Commission Meeting on November 1, 2011; Item 9 .A.
I
the conditional use application subject to the conditions att
of Novemb ,
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1. Future Land Use Element Objective A·1: Property shall be
developed or 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 futfills remaining land use needs.
Are the consistency requirements met such that the proposed project is
complementary to and compatible with adjacent land uses and the
beneficial aspects of the project outweigh the negative impact of identified
points of conflict?
Yes __./___ No ____
II. LOR 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 ---
3. The City Commission has applied the Comprehensive Plan and LOR
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 _
Exhibit "A" and hereby adopts this Order this 1 st
5 in favor and 0 opposed.
~S).~~
Chevelle Nubin
City Commission Meeting on November 1,2011; Item 9.A.
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City Clerk
EXHIBIT "A"
Conditions Related to Delray Community Pharmacy
1. The "lot coverage" variable shall be revised to indicate the actual 59.6%
proposed per to the code definition, not the building footprint (16 .6%).
City Commission Meeting on November 1 , 2011; Item g.A.
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I IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
IN LIEU PARKING FEE REQUESTS FOR
ATLANTIC OCEAN CLUB
1. This in lieu parking fee request for the purchase of 8 parking spaces in-
lieu has come before the City Commission on November 1 , 2011.
2 . The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the in lieu parking fee request for
Atlantic Ocean Club. All of the evidence is a part of the record in this case. Required
findings are made in accordance with Subsection I.
I. IN LIEU PARKING FEE:
I
Pursuant LOR Section 4.6.9(E)(3), when additional parking is required due to
expansions of use to an existing build i ng and it is impossible or inappropriate to provide
such parking the City Commission may approve the payment of an in lieu fee rather
than provide the required parking. In the case of expansions of use, no existing parking
spaces may be eliminated .
Does the In Lieu Parking Fee request for the purchase of 8 parking spaces in
lieu meet the requirements of LOR Section 4.6.9(E)(3) and the conditions, if any, listed
below?
At $15,600 per space totaling $124,800. Payment is due 50% ($62.400.00)
upon execution of the Agreement, 25% ($31,200.00) on the 2nd anniversary
and 25% ($31,200 .00) on the 3rd anniversary of the Agreement
Yes -/ No --
3. The City Commission hereby finds that the In Lieu Parking Fee Requests
meet the requirements of 4.6.9(E)(3) of the Land Development Regulations, with the
conditions listed above, if any, and the City Commission has applied the
Comprehensive Plan and finds that its determinations set forth in this Order are
I consistent with the Comprehensive Plan and Land Development Regulations.
City Commission Meeting on November 1,2011; Item 9 .B.
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by a vote of --''''--_
4. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
5. Based on the entire record before it, the City Commission approves ./
denies __ the in lieu parking fee requests as set forth above.
6. Based on the entire record before it, the City Commission hereby adopts
1 st this Order this day of November, 2011,
o opposed.
ATTEST:
~SJ.\\>~
Chevelle Nubin, City Clerk
2
City Commission Meeting on November 1,2011; Item 9.8.
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