03-06-12 Agenda Results Regular MeetingMicrosoft Word - 03-06-12 Agenda Results Regular Meeting.doc
City of Delray Beach Regular Commission Meeting ***AGENDA RESULTS*** City Commission Meeting Tuesday, March 6, 2012 Regular Meeting 6:00 p.m. Public Hearings 7:00 p.m. Commission Chambers
Delray Beach City Hall RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public
comments, Commission discussion and official action. City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by
an individual will be limited to three minutes or less. The Mayor or presiding officer has discretion to adjust the amount of time allocated. A. Public Hearings: Any citizen is entitled
to speak on items under this section. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction
of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items:
Public input on agendaed items, other than those that are specifically set for a formal public hearing, shall be allowed when agreed by consensus of the City Commission. 2. SIGN IN SHEET:
Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If
you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff
with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate
time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making
impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue
or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision
made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which
the appeal is based. The City neither provides nor prepares such record. The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to
participate in and enjoy the benefits of a service, program, or activity conducted by the City. Contact Doug Smith at 243-7010, 24 hours prior to the event in order for the City to accommodate
your request. Adaptive listening devices are available for meetings in the Commission Chambers. 100 NW 1st Avenue Delray Beach, Florida 33444 Phone: (561) 243-7000 Fax: (561) 243-3774
03/06/2012 -2 -1. ROLL CALL. 2. INVOCATION. 3. PLEDGE OF ALLEGIANCE TO THE FLAG. 4. AGENDA APPROVAL. 5. APPROVAL OF MINUTES: A. February 21, 2012 – Regular Meeting (Approved as amended,
5-0) 6. PROCLAMATIONS: A. Community Redevelopment Agency (CRA) Awareness Month – March 2012 B. Fix A Leak Week – March 12-18, 2012 C. National Kids to Parks Day – May 19, 2012 7. PRESENTATIONS:
A. None 8. CONSENT AGENDA: City Manager Recommends Approval. (Approved, 5-0) A. FINAL BOUNDARY PLAT APPROVAL/JOYA: Approve the Joya Plat located at the southeast corner of S.E. 1st Avenue
and S.E. 1st Street. B. REQUEST FOR SIDEWALK DEFERRALS/1041 SEASPRAY AVENUE: Approve requests to defer the installation of a sidewalk along Beach Drive and Seaspray Avenue for a proposed
two-story single family residence at 1041 Seaspray Avenue within the North Beach Overlay District. C. RESOLUTION NO. 12-12: ABANDONMENT OF DRAINAGE EASEMENT: SAXENA WHITE CORPORATE OFFICES:
Approve Resolution No. 12-12 to abandon a 10’ wide drainage easement for Saxena White Corporate Office located at 111 S.E. 1st Avenue. D. AMENDMENT NO. 2 TO THE JOINT PARTICIPATION AGREEMENT
(JPA)/FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT): Approve Amendment No. 2 to the Joint Participation Agreement (JPA) with the Florida Department of Transportation (FDOT) for the proposed
landscaping along Atlantic Ave (SR 806) from I-95 to N.W./S.W. 12th Avenue to extend the deadline to June 30, 2013.
03/06/2012 -3 -E. RESOLUTION NO. 14-12: Approve Resolution No. 14-12 assessing costs for abatement action required to remove nuisances on thirty (30) properties throughout the City of
Delray Beach. F. GRANT AWARD/HOME DEPOT FOUNDATION: Accept a grant award from Home Depot Foundation in the amount of $5,000 in support of the Curb Appeal by the Block program. G. AGREEMENT/EAGLE
1 RESOURCES, LLC.: Approve an agreement with Eagle 1 Resource, LLC in the amount of $18,750.00 to review existing lease agreements with Florida East Coast Railroad to see if any lease
agreement expenses can be eliminated. Funding is available from 448-5461-538-31.90 (Storm Water Utility Fund: Other Operating/Other Contractual Service) and 442-5178-536-31.90 (W & S
Renewal and Replacement Fund: Professional Services/Other Professional Services). H. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the
Land Development Boards for the period February 21, 2012 through March 2, 2012. I. AWARD OF BIDS AND CONTRACTS: 1. None 9. REGULAR AGENDA: A. APPEAL OF SITE PLAN REVIEW AND APPEARANCE
BOARD ACTION: T-MOBILE: Consider an appeal of the Site Plan Review and Appearance Board’s decision to deny the request by T-Mobile to amend the blanket sign program for the Fountains
Plaza located at 14451 S. Military Trail. (Quasi-Judicial Hearing) (Motion to adopt board order which deny the appeal; Approved, 4-1. Commissioner Frankel dissenting) B. WAIVER REQUEST/SW
DELRAY ONE, LLC.: Consider a waiver request with SW Delray One, LLC. to reduce the required sidewalk width from 8’ to 5’ along S.E. 1st Avenue for Saxena White Corporate Offices located
at 111 S.E. 1stAvenue. (Quasi-Judicial Hearing) (Motion to adopt board order as presented with modified condition; Approved, 5-0) C. WAIVER REQUESTS/WAYSIDE HOUSE: Consider approval
of two (2) waiver requests to Land Development Regulations (LDR) Section 4.4.13(F)(1)(a), “Height”, to permit a building addition to be constructed less than the minimum height requirement
of 25’; and Land Development Regulations (LDR) Section 4.4.13 (F)(4)(b)(1), “Lower Levels”, to permit a building addition to exceed the lower level setback requirements for building
on N.E. 6th Avenue, within the Central Business District (CBD) for Wayside House located at 328-378 N.E. 6th Avenue. (Quasi-Judicial Hearing) (Motion to adopt board order as presented;
Approved, 5-0)
03/06/2012 -4 -D. WAIVER REQUEST/1041 SEASPRAY AVENUE: Consider a waiver request to reduce the required sight visibility triangle from 10’ to 4’6” for a clear line of sight between 3’
and 6’ height in the area along both sides of the driveway on 1041 Seaspray Avenue for a proposed new two-story single family residence within the North Beach Overlay District. (Quasi-Judicial
Hearing) (Motion to adopt board order as presented; Approved, 5-0) E. VALET PARKING QUEUE EXPANSION/PRIME STEAKHOUSE: Consider approval of a request from Prime Steakhouse, located at
110 E. Atlantic Avenue, to expand their valet parking queue from 2 to 6 spaces. (Motion to POSTPONE; Approved, 5-0) F. RESOLUTION NO. 13-12/COMMUNITY REDEVELOPMENT AGENCY (CRA): Consider
approval of Resolution No. 13-12 authorizing the Community Redevelopment Agency (CRA) to issue Tax Increment Redevelopment Bonds not to exceed $4,000,000.00 to fund certain projects.
(Motion to approve; Approved, 5-0) G. REIMBURSEMENT REQUEST/ROBERT GOLDSTEIN: Consider a request to reimburse Robert Goldstein the amount of $13,161.85 for Plan Review fees paid upon
the submission of a permit application for a new single family home on July 19, 2005. (Motion to approve reimbursement request; Denied, 5-0) H. SPECIAL EVENT REQUEST/FOOD TRUCK JAM:
Consider approval of a special event request for the Food Truck Jam to be produced by Ruth Rales Jewish Family Services proposed to be held on May 6, 2012 from noon to 4:00 p.m. on the
Old School Square Park grounds; and to authorize staff support for security and traffic control, trash removal and site cleanup, and fire inspection services; contingent upon meeting
the conditions listed in the staff report. (Motion to approve; Approved, 5-0) I. SPECIAL EVENT REQUEST/DELRAY ROCKS: Consider approval of a special event request for Delray Rocks, a
music festival, to be produced by Josh Davis to be held on September 22, 2012 from noon to 11:00 p.m. at Old School Square and in Old School Square Park; and to authorize staff support
for security and traffic control, EMS services, fire inspection, site cleanup and trash removal, event signage, use of the small city stage and trash boxes; contingent upon meeting the
conditions listed in the staff report. (Motion to approve the due date for the non-refundable deposit of $10,000.000 and all conditions listed in the staff report being met by August
1, 2012; Approved, 5-0) J. APPOINTMENT TO THE PUBLIC ART ADVISORY BOARD: Appoint one (1) regular member to the Public Art 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). (Commissioner Carney’s appointment was DEFERRED to the March 20, 2012 Regular Commission
Meeting)
03/06/2012 -5 -10. PUBLIC HEARINGS: A. RESOLUTION NO. 09-12/CONTRACT FOR SALE AND PURCHASE/421 S.W. 5th AVENUE: Consider approval of Resolution No. 09-12, which incorporates a Contract
for Sale and Purchase between the City and the Community Redevelopment Agency (CRA) to provide that the City agrees to accept the property is in “As Is” condition and to restrict use
of the property to public uses, including but not limited to drainage retention, for the benefit of the general public located at 421 S.W. 5th Avenue in the amount of $10.00. (Motion
to approve; 5-0) 1. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY (CRA): Consider approving an Interlocal Agreement with the Community Redevelopment Agency (CRA) providing that
the City agrees to accept the property is in “As Is” condition and restrict the use of the property to public uses, including but not limited to drainage retention, for the benefit of
the general public located at 421 S.W. 5th Avenue; contingent upon approval of Resolution 09-12 and the Contract for Sale and Purchase. (Motion to approve; 5-0) B. RESOLUTION NO. 11-12/CONTRACT
FOR SALE AND PURCHASE/530 N.W. 47th AVENUE: Consider approval of Resolution No. 11-12, a contract for sale and purchase, authorizing the City to sell the Neighborhood Stabilization Program
property located at 530 N.W. 47th Avenue to Jean Louigene Nelan for the purchase price of $45,000.00. (Motion to approve; 5-0) 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE
PUBLIC-IMMEDIATELY FOLLOWING PUBLIC HEARINGS. A. City Manager's response to prior public comments and inquiries. B. From the Public. 12. FIRST READINGS: A. ORDINANCE NO. 05-12: Consider
a privately-initiated Future Land Use Map change from Transitional (TRN) to General Commercial (GC), rezoning from POC (Planned Office Center) to PC (Planned Commercial), and a Text
Amendment of the Comprehensive Plan modifying the description of the GC (General Commercial) Future Land Use designation to identify a maximum FAR of 0.46 for a 9.95 acre property located
on the southeast corner of Linton Boulevard and Federal Highway (1801 and 1845 South Federal Highway) known as Delray Place. If passed, a public hearing will be held on March 20, 2012.
(Motion to approve; 5-0) B. ORDINANCE NO. 12-12: Consider a city-initiated amendment to the Land Development Regulations (LDR) Section 8.5.1, “Establishment of Public Arts Program”,
Subsection (B), “Appropriation of Capital Improvement Project (CIP Funds)”, setting forth the right to use funds as appropriated in the City’s budget. If passed, a public hearing will
be held on March 20, 2012. (Motion to approve; 5-0)
03/06/2012 -6 -13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission POSTED: MARCH 2, 2012 ****** Meeting adjourned at 8:38 p.m. ******
03/06/2012
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1. ROLL CALL.
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL.
5. APPROVAL OF MINUTES:
A. February 21, 2012 – Regular Meeting (Approved as amended, 5-0)
6. PROCLAMATIONS:
A. Community Redevelopment Agency (CRA) Awareness Month – March 2012
B. Fix A Leak Week – March 12-18, 2012
C. National Kids to Parks Day – May 19, 2012
7. PRESENTATIONS:
A. None
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved, 5-0)
A. FINAL BOUNDARY PLAT APPROVAL/JOYA: Approve the Joya Plat located
at the southeast corner of S.E. 1 st Avenue and S.E. 1 st Street.
B. REQUEST FOR SIDEWALK DEFERRALS/1041 SEASPRAY
AVENUE: Approve requests to defer the installation of a sidewalk along Beach Drive
and Seaspray Avenue for a proposed two-story single family residence at 1041 Seaspray
Avenue within the North Beach Overlay District.
C. RESOLUTION NO. 12-12: ABANDONMENT OF DRAINAGE EASEMENT:
SAXENA WHITE CORPORATE OFFICES: Approve Resolution No. 12-12 to
abandon a 10’ wide drainage easement fo r Saxena White Corporate Office located at
111 S.E. 1st Avenue.
D. AMENDMENT NO. 2 TO THE JOIN T PARTICIPATION AGREEMENT
(JPA)/FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT):
Approve Amendment No. 2 to the Joint Participation Agreement (JPA) with the
Florida Department of Transportation (FDO T) for the proposed landscaping along
Atlantic Ave (SR 806) from I-95 to N.W./S .W. 12th Avenue to extend the deadline to
June 30, 2013.
03/06/2012
- 3 -
E. RESOLUTION NO. 14-12: Approve Resolution No. 14-12 assessing costs for
abatement action required to remove nuisances on thirty (30) properties throughout the
City of Delray Beach.
F. GRANT AWARD/HOME DEPOT FOUNDATION: Accept a grant award from
Home Depot Foundation in the amount of $5,000 in support of the Curb Appeal by
the Block program.
G. AGREEMENT/EAGLE 1 RESOURCES, LLC.: Approve an agreement with
Eagle 1 Resource, LLC in the amount of $18,750.00 to review existi ng lease agreements
with Florida East Coast Railroad to see if any lease agreement expenses can be
eliminated. Funding is available from 44 8-5461-538-31.90 (Storm Water Utility Fund:
Other Operating/Other Contractual Service) and 442-5178-536-31.90 (W & S Renewal
and Replacement Fund: Professional Se rvices/Other Professional Services).
H. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
February 21, 2012 through March 2, 2012.
I. AWARD OF BIDS AND CONTRACTS:
1. None
9. REGULAR AGENDA:
A. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD ACTION:
T-MOBILE: Consider an appeal of the Site Plan Review and Appearance Board’s
decision to deny the request by T-Mobile to amend the blanket sign program for the
Fountains Plaza located at 14451 S. Military Trail. (Quasi- Judicial Hearing) (Motion
to adopt board order which deny the appeal; Approved, 4-1. Commissioner Frankel dissenting)
B. WAIVER REQUEST/SW DELRAY ONE, LLC.: Consider a waiver request with
SW Delray One, LLC. to reduce the required side walk width from 8’ to 5’ along S.E. 1st
Avenue for Saxena White Corporate O ffices located at 111 S.E. 1stAvenue. (Quasi-
Judicial Hearing) (Motion to adopt board order as presented with modified condition;
Approved, 5-0)
C. WAIVER REQUESTS/WAYSIDE HOUSE: Consider approval of two (2) waiver
requests to Land Development Regulations (LDR) Section 4.4.13(F)(1)(a), “Height”, to
permit a building addition to be constructed less than the minimum height requirement
of 25’; and Land Development Regulations (LDR) Section 4.4.13 (F)(4)(b)(1), “Lower
Levels”, to permit a building addition to ex ceed the lower level setback requirements for
building on N.E. 6th Avenue, within the Central Business District (CBD) for Wayside
House located at 328-378 N.E. 6th Avenue. (Quasi- Judicial Hearing) (Motion to
adopt board order as presented; Approved, 5-0)
03/06/2012
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D. WAIVER REQUEST/1041 SEASPRAY AVENUE: Consider a waiver request to
reduce the required sight visibility triangle fr om 10’ to 4’6” for a clear line of sight
between 3’ and 6’ height in the area along both sides of the driveway on 1041 Seaspray
Avenue for a proposed new two-story single family residence within the North Beach
Overlay District. (Quasi-Judicial Hearing) (Motion to adopt board order as presented;
Approved, 5-0)
E. VALET PARKING QUEUE EXPANSION/PRIME STEAKHOUSE: Consider
approval of a request from Prime Steakhouse , located at 110 E. Atlantic Avenue, to
expand their valet parking queue from 2 to 6 spaces. (Motion to POSTPONE ; Approved,
5-0)
F. RESOLUTION NO. 13-12/COMMUNITY REDEVELOPMENT AGENCY
(CRA): Consider approval of Resolution No. 13-12 authorizing the Community
Redevelopment Agency (CRA) to issue Ta x Increment Redevelopment Bonds not to
exceed $4,000,000.00 to fund certain projects. (Motion to approve; Approved, 5-0)
G. REIMBURSEMENT REQUES T/ROBERT GOLDSTEIN: Consider a request
to reimburse Robert Goldstein the amount of $13,161.85 for Plan Review fees paid
upon the submission of a permit applicati on for a new single fa mily home on July 19,
2005. (Motion to approve reimbursement request; Denied, 5-0)
H. SPECIAL EVENT REQUEST/FOOD TRUCK JAM: Consider approval of a
special event request for the Food Truck Ja m to be produced by Ruth Rales Jewish
Family Services proposed to be held on May 6, 2012 from noon to 4:00 p.m. on the Old
School Square Park grounds; and to author ize staff support for security and traffic
control, trash removal and site cleanup, and fire inspection services; contingent upon
meeting the conditions listed in the staff report. (Motion to approve; Approved, 5-0)
I. SPECIAL EVENT REQUEST/DELRAY ROCKS: Consider approval of a special
event request for Delray Rocks, a music festiv al, to be produced by Josh Davis to be
held on September 22, 2012 from noon to 11 :00 p.m. at Old School Square and in Old
School Square Park; and to authorize staff support for security and traffic control, EMS
services, fire inspection, site cleanup and tras h removal, event signage, use of the small
city stage and trash boxes; contingent upon meeting the conditions listed in the staff
report. (Motion to approve the due date for the no n-refundable deposit of $10,000.000 and all
conditions listed in the staff report be ing met by August 1, 2012; Approved, 5-0)
J. APPOINTMENT TO THE PUBLIC ART ADVISORY BOARD: Appoint one
(1) regular member to the Public Art Advisory Board to serve an unexpired term ending
July 31, 2013. Based upon the rotation sy stem, the appointment will be made by
Commissioner Carney (Seat #1 ). (Commissioner Carney’s appointment was DEFERRED
to the March 20, 2012 Regular Commission Meeting)
03/06/2012
- 5 -
10. PUBLIC HEARINGS:
A. RESOLUTION NO. 09-12/CONTRACT FOR SALE AND PURCHASE/421
S.W. 5th AVENUE: Consider approval of Resolution No. 09-12, which incorporates
a Contract for Sale and Purchase between the City and the Community Redevelopment
Agency (CRA) to provide that the City agrees to accept the property is in “As Is”
condition and to restrict use of the property to public uses, including but not limited to
drainage retention, for the benefit of the ge neral public located at 421 S.W. 5th Avenue
in the amount of $10.00. (Motion to approve; 5-0)
1. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT
AGENCY (CRA): Consider approving an Interlocal Agreement with the
Community Redevelopment Agency (CRA) providing that the City agrees to
accept the property is in “As Is” condition and restrict the use of the property
to public uses, including but not limited to drainage retention, for the benefit of
the general public located at 421 S.W. 5th Avenue; contingent upon approval of
Resolution 09-12 and the Contract for Sale and Purchase. (Motion to approve; 5-
0)
B. RESOLUTION NO. 11-12/CONTRACT FOR SALE AND PURCHASE/530
N.W. 47th AVENUE: Consider approval of Resolution No. 11-12, a contract for sale
and purchase, authorizing the City to sell the Neighborhood Stabilization Program
property located at 530 N.W. 47th Avenue to Jean Louigene Nelan for the purchase
price of $45,000.00. (Motion to approve; 5-0)
11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE
PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS.
A. City Manager's response to prior public comments and inquiries.
B. From the Public.
12. FIRST READINGS:
A. ORDINANCE NO. 05-12: Consider a privately-initiated Future Land Use Map
change from Transitional (TRN) to Gene ral Commercial (GC), rezoning from POC
(Planned Office Center) to PC (Planned Co mmercial), and a Text Amendment of the
Comprehensive Plan modifying the description of the GC (General Commercial) Future
Land Use designation to identify a maxi mum FAR of 0.46 for a 9.95 acre property
located on the southeast corner of Linton Boulevard and Federal Highway (1801 and
1845 South Federal Highway) known as Delray Place. If passed, a public hearing will be
held on March 20, 2012. (Motion to approve; 5-0)
B. ORDINANCE NO. 12-12: Consider a city-initiated amendment to the Land
Development Regulations (LDR) Section 8 .5.1, “Establishment of Public Arts
Program”, Subsection (B), “Appropriation of Capital Improvement Project (CIP
Funds)”, setting forth the right to use funds as appropriated in the City’s budget. If
passed, a public hearing will be held on March 20, 2012. (Motion to approve; 5-0)
03/06/2012
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13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: MARCH 2, 2012
****** Meeting adjourned at 8:38 p.m. ******