03-06-12 Regular Meeting MinutesMARCH 6, 2012
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, March 6, 2012.
1. Roll call showed:
Present- Commissioner Thomas F. Carney, Jr.
Commissioner Jay Alperin
Commissioner Adam Frankel
Commissioner Angeleta E. Gray
Mayor Nelson S. McDuffie
Absent - None
Also present were - David T. Harden, City Manager
Robert A. Barcinski, Assistant City Manager
Brian Shutt, City Attorney
Chevelle D. Nubin, City Clerk
2. The opening prayer was delivered by Mayor McDuffie.
3. The Pledge of Allegiance to the flag of the United States of America was
given.
4. AGENDA APPROVAL.
Mr. Frankel stated regarding Item &C., Resolution No. 12 -12:
Abandonment of Drainage Easement: Saxena White Corporate Offices, he is on the
Pension Board and they are one of the attorneys for the Pension Board. The City
Attorney stated he does not see any conflict.
Mr. Frankel moved to approve the Agenda, seconded by Mrs. Gray. 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.
5. APPROVAL OF MINUTES:
Dr. Alperin noted a correction to Item 9.A.A., Service Authorization No.
12- 01/Mathews Consulting. Inc. /Congress Avenue Force Main Replacement: of the
minutes and stated he was not referring to the Commission keeping track of the change
orders; he was referring to keeping track of the number of times different engineering
firms are selected.
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Dr. Alperin moved to approve the Minutes of the Regular Meeting of
February 21, 2012 as amended, seconded by Mrs. Gray. Upon roll call the Commission
voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr.
Carney — Yes; Dr. Alperin — Yes. Said motion passed with a 5 to 0 vote.
6. PROCLAMATIONS:
6.A. Community Redevelopment Agency (CRA) Awareness Month —
March 2012 .
Mayor McDuffie read a proclamation hereby proclaiming the month of
March 2012 as CRA Awareness Month in the City of Delray Beach. Peter Arts, member
of the CRA Board, came forward to accept the proclamation and gave a few brief
comments.
6.B. Fix A Leak Week —March 12 -18, 2012
Mayor McDuffie read a proclamation hereby proclaiming the week of
March 12, 2012 as Fix A Leak Week in the City of Delray Beach. Richard Reade,
Sustainability Officer, came forward to accept the proclamation and gave a few brief
comments.
6.C. National Kids to Parks Day — May 19, 2012
Mayor McDuffie read a proclamation hereby proclaiming May 19, 2012
as National Kids to Parks Day in Delray Beach. Linda Karch, Director of Parks and
Recreation came forward to accept the proclamation and gave a few brief comments.
Mrs. Karch stated this is another part of the Michelle Obama initiative to get kids out and
into parks.
7. PRESENTATIONS:
A. None
8. CONSENT AGENDA: City Manager Recommends Approval.
8.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.
8.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.
8.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
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located at 111 S.E. 1 st Avenue.
The caption of Resolution No. 12 -12 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, VACATING
AND ABANDONING A DRAINAGE EASEMENT
DEDICATED BY THE "MIRAFLORES AT DELRAY"
PLAT, RECORDED IN PLAT BOOK 108, PAGES 184
THROUGH 185 OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA, AND AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A ".
(The official copy of Resolution No. 12 -12 is on file in the City Clerk's
office.)
8.D. AMENDMENT NO. 2 TO THE JOINT PARTICIPATION
AGREEMENT UPA)/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.
8.E. RESOLUTION NO. 14 -12: Approve Resolution No. 14 -12 assessing
costs for abatement action required to remove nuisances on thirty (3 0) properties
throughout the City of Delray Beach.
The caption of Resolution No. 14 -12 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, PURSUANT
TO CHAPTER 100 OF THE CODE OF ORDINANCES
OF THE CITY OF DELRAY BEACH, ASSESSING
COSTS FOR ABATING NUISANCES UPON CERTAIN
LAND(S) LOCATED WITHIN THE CITY OF DELRAY
BEACH AND PROVIDING THAT A NOTICE OF LIEN
SHALL ACCOMPANY THE NOTICE OF
ASSESSMENT; SETTING OUT ACTUAL COSTS
INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH
ABATEMENT OF NUISANCES; PROVIDING FOR AN
EFFECTIVE DATE AND FOR A DUE DATE AND
INTEREST ON ASSESSMENTS; PROVIDING FOR
THE RECORDING OF THIS RESOLUTION, AND
DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS.
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(The official copy of Resolution No. 14 -12 is on file in the City Clerk's
office.)
8.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.
8.G. AGREEMENT/EAGLE 1 RESOURCES, LLC.: Approve an
agreement with Eagle 1 Resources, 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).
8.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.
8.I. AWARD OF BIDS AND CONTRACTS:
1. None
Mr. Frankel moved to approve the Consent Agenda, seconded by Mrs.
Gray. 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.
9. REGULAR AGENDA:
9.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)
Mayor McDuffie read the City of Delray Beach Quasi - Judicial Hearing
rules into the record for this item and all subsequent Quasi - Judicial items.
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor McDuffie asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose.
Lula Butler, Director of Community Improvement, stated this item is
consideration of a request to appeal the decision made by the Site Plan Review and
Appearance Board to deny the request by the agent representing T- Mobile to amend a
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blanket sign program established in September 2005 for the Fountains Plaza located at
14451 South Military Trail. Mrs. Butler stated pursuant to LDR Section 2.4.7(E), the
request to amend the blanket sign program approved for the shopping center to allow the
use of their corporate color "PMS Rhodamine Red" was considered by SPRAB on
January 25, 2012. Mrs. Butler stated T- Mobile requested to amend the blanket sign
program to incorporate their local color called Rhodamine Red which is actually closer to
a magenta pink. The Board agreed to allow the use of their corporate font but maintain
the blanket blue vinyl assigned for the shopping center. Mrs. Butler stated LDR Section
2.4.7(E) of the land development regulations allows the Commission to grant waivers to
this section of the Code after making a finding of fact that granting of the waiver shall not
adversely affect the neighboring area; shall not significantly diminish the provision of
public facilities; shall not create an unsafe situation; and does not result in the granting of
a special privilege in that the same waiver be granted under similar circumstances on
other property by the applicant or the owner. Staff recommends that the Commission
uphold the decision of the Site Plan Review and Appearance Board to maintain the
blanket approval.
Denise Williams, represents Art Sign Company as well as T- Mobile,
stated they would like to use their trademark color (pink) and noted that all the other T-
Mobiles incorporate the pink into their sign.
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 would like to address the Commission, the public hearing was
closed.
There was no rebuttal or cross - examination.
Mr. Frankel asked if Chase was granted a special privilege. Mrs. Butler
stated she believes the black is a very deep blue; it could be black. She stated that
SPRAB uniformly does blanket approvals on any shopping center that has more than two
bays. Mrs. Butler stated they are trying to be more consistent about maintaining the
blankets that they have established. Ms. Williams stated it is black with the blue logo and
the cleaners sign is blue and there are no other tenants out there right now. Mrs. Butler
stated there is a restaurant out there and their sign is blue.
Mrs. Gray stated with the trademark being the color that it is, were they
actually informed before leasing this piece of property that they would not be able to use
their logo. Mrs. Butler and Ms. Williams stated they do not know the discussion between
T- Mobile and the landlord.
Mr. Carney stated SPRAB and staff have worked very hard to create these
master sign packages to create some consistency. He stated he does not see a compelling
reason to deviate from the Master Sign Plan.
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Dr. Alperin stated he has always been big on consistency and every time
you make an exception it comes back to haunt you but it is not a justification for making
the same mistake again. He stated consistency is more important and we should stay with
our rules and deny the request.
Mayor McDuffie stated he concurs with comments expressed by the
Commission as well. He stated he believes you will be able to see the word T- Mobile in
blue than you are able to see it in pink.
Mr. Frankel stated he agrees with Mayor McDuffie's comments; however,
it appears that a special exception was granted to Chase because the sign is not in blue
but is in black and blue. Mr. Frankel stated based on LDR Section 2.4.7(E) he cannot
find any justification not to do it so he supports granting the appeal.
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 as presented (denying the
appeal), seconded by Mrs. Gray. Upon roll call the Commission voted as follows:
Mayor McDuffie — Yes; Mr. Carney — Yes; Dr. Alperin — Yes; Mr. Frankel — No; Mrs.
Gray — Yes. Said motion passed with a 4 to 1 vote, Mr. Frankel dissenting.
9.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. 11t
Avenue. (Quasi - Judicial Searing)
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor McDuffie asked the Commission to disclose their ex parte
communications. Mr. Frankel stated he has had no specific communications regarding
the sidewalk; however, he has seen the plans of this project and talked to Chuck
Jeroloman about the project in whole. Mrs. Gray, Mayor McDuffie, Mr. Carney, and Dr.
Alperin stated they had no exparte communications to disclose.
Paul Dorling, AICP, Director of Planning and Zoning, entered the
Planning and Zoning project file #2012 -035 into the record.
Mr. Dorling stated this is a waiver request to reduce the sidewalk width
from 8 feet to 5 feet along S.E. 1" Avenue in association with the Saxena White
Corporate Office building.
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At its meeting of February 21, 2012, the Site Plan Review and Appearance
Board ( SPRAB) considered this waiver request as part of a Class V Site Plan,
Architectural Elevations and Landscape Plan for the Saxena White Corporate Offices
which will be a three -story new office commercial building with rooftop pavilion, green
roof garden area and main lobby which will open to all three floors. Mr. Dorling stated
the Board approved the sidewalk width reduction from 8 feet to 5 feet and as part of that
overall Class V site plan approval staff required that the sidewalk be a brick paver. He
stated at their meeting SPRAB did remove that as a condition of approval. Mr. Dorling
stated it is noted that DSMG, the DDA, and the CRA also considered the project and
recommended approval of that brick sidewalk at that time. Mr. Dorling stated a 5' brick
paver sidewalk is provided south of the proposed Saxena White Corporate Office along
the east side of S.E. lst Avenue. Staff recommends that the five foot width reduction be
granted; however, that it be subject to continuing this paver block surface similar to what
the DSMG, DDA, and the CRA recommended at that time.
Jim Knight, 10 S.E. 18t Avenue, Delray Beach, FL 33444 (real estate
broker for the property), stated the Bory building was approved with a reduced
sidewalk without the brick pavers and that is closer to Atlantic Avenue. Mr. Knight
stated there are brick pavers that run along Worthing Place and there is a break where
there are not going to be brick pavers for the Boueri Mixed -Use Building, and then there
are brick pavers to the south of The Mark Downtown. Mr. Knight stated at the SPRAB
meeting the discussion was that it would accentuate the building better by having brick
pavers. He stated SPRAB agreed to have the brick pavers in front of the main entrance
way to the lobby which would bring more of a focal feature to the lobby and the entrance
feature of the building. Mr. Knight stated the sidewalk that was installed on 2nd Avenue
south that runs down to Kevro's Art Bar is a concrete sidewalk as well. Mr. Knight
suggested that the brick pavers be right in front of the entranceway to office so that it
brings attention to the building and stated SPRAB approved it with the brick pavers just
in the main entranceway or lobby coming into the office building.
The City Attorney stated a condition on the waiver is that staff is
supporting the waiver provided that the City makes the sidewalk brick pavers.
There was no cross - examination or rebuttal.
Mayor McDuffie stated if anyone from the public would like to speak in
favor or in opposition of the waiver request, to please come forward at this time. There
being no one from the public who wished to address the Commission, the public hearing
was closed.
There was no cross - examination or rebuttal.
Dr. Alperin asked about the description of the brick pavers in the Board
Order. The City Attorney stated the way the Board Order reads is that it would be
reduced 8' to 5' wide sidewalk subject to the conditions stated above which the condition
provides that the sidewalk be brick pavers. Dr. Alperin expressed concern that the Board
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Order does not say a portion of the sidewalk it says sidewalk. The City Attorney stated
staffs position is that they want the entire sidewalk to be brick pavers.
Mrs. Gray asked about the location. Mr. Dorling stated immediately south
of this is The Mark building and there are brick pavers going south in front of their place.
Mrs. Gray asked if the City is going to ask the Kevro Bar to put pavers in front of their
bar. Mr. Dorling stated that is another block on another street so he is familiar with what
they have been approved for.
Mr. Carney stated SPRAB is happy with brick on both sides with just the
pavers in the entry way and asked why staff is trying to extend the pavers. Mr. Dorling
stated this is what has been consistent with what has been done to that block to the south.
Mr. Frankel stated as long as he can remember it has been a dirt field and
this is an amazing project and a much needed Class A office space.
Dr. Alperin asked if the property north of it requires bricks in that corner.
Dr. Alperin stated he agrees that we should have required bricks here and if both ends
had the bricks he would have been very insistent on the bricks. However, Dr. Alperin
stated since it is not on both ends I do not think we will have trouble acquiring it all the
way across.
Mr. Carney stated he is very happy they are doing the project here.
Mayor McDuffie concurred with comments expressed by Commissioner
Carney. He does not want the Commission to change something that SPRAB approved
one way.
The City Attorney stated it appears that the consensus of the Commission
and the applicant have also agreed that we have the brick pavers just in front of the entry
way and at no other place on the sidewalk. The City Attorney suggested that the
condition be modified in the Board Order that staff support the waiver subject to the
condition that the sidewalk be brick pavers in front of the entry way as approved by
SPRAB and the rest of it will be just cement.
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 with the modified condition,
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.
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9.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)
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.
Paul Dorling, AICP, Director of Planning and Zoning, entered the
Planning and Zoning Department project file #2012 -065 into the record.
Mr. Dorling stated this is a request for Troval of two waivers associated
with the Wayside House located on the west side of 6 Avenue or northbound Federal
Highway, a residential licensed service provider, located at 328 -378 N.E. 60' Avenue.
Mr. Dorling stated what is being proposed is a building addition and the waivers are
associated with the minimum height which is in the CBD required to be 25 feet and the
existing building is less than that and this addition will be consistent in height with
respect to that. The second waiver is a requirement that requires building setbacks to be
reduced and the buildings to be on the street to certain percentages and this is a setback
which exceeds that minimum. Mr. Dorling stated the minimum is ten feet for 70 -90% of
the building and this building setback is about 25 feet. He stated the setback is along 6d'
Avenue and it is in excess of that which is required by the Code and is consistent with
this building. Mr. Dorling stated the required findings are made in the staff report and
staff recommends approval.
Josh Aguila, Currie Sowards Aguila Architects, 134 N.E. 4th Avenue,
Delray Beach, FL 33444, stated SPRAB supports the waiver requests and he is present
for any questions the Commission may have.
Mayor McDuffie stated if anyone from the public would like to speak in
favor or in opposition of the waiver requests, to please come forward at this time. There
being no one from the public who wished to address the Commission, the public hearing
Was closed.
There was no cross - examination or rebuttal.
Dr. Alperin stated this organization is a role model for how treatment
facilities should be done. He stated he has known them for 20 years or more and he
wished organizations in our city and around us would use them as to how it should be
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housing the clients for their treatment. Dr. Alperin stated the waivers that they are
requesting are well within reason.
For the record, Mr. Frankel clarified that this is not Delray Motel. Mr.
Dorling stated this is not Delray Motel.
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 as presented, seconded by
Mrs. Gray. 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.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)
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. The Commission had no ex parte communications to disclose.
Paul Dorling, AICP, Director of Planning and Zoning, entered the
Planning and Zoning Department project file #2012 -043 into the record.
Mr. Dorling stated this request is for a reduction in the sight visibility
triangle from 10' to 4' 6" along both sides of the driveway on 1041 Seaspray Avenue
associated with a new single family residence built on this site and the site visibility
triangles will be reduced if the Commission approves the waiver to 4' 6" feet rather than
10 feet. Mr. Dorling stated there is a requirement in the LDRs that a clear line of sight
distance be provided between three feet and six feet in height within a ten foot site
visibility triangle. He stated there are some proposed aluminum gates and concrete
columns that are impinging that site visibility to 4' 6" in this situation. Mr. Dorling
stated required findings need to be made and the property line is actually going to be 10'
7" from the driveway intersection with the roadway of Seaspray Avenue and there is no
suggested future expansion of that roadway. Mr. Dorling stated the ten foot site visibility
area will be available outside of the property line in addition to the 4' 6" within the
property line as required by Code. Staff recommends approval.
There was no applicant present to speak.
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Mayor McDuffie stated if anyone from the public would like to speak in
favor or in opposition of the waiver request, to please come forward at this time. There
being no one from the public who wished to address the Commission, the public hearing
was closed.
The City Attorney briefly reviewed the Board Order with the Commission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
Mr. Frankel moved to adopt the Board as presented, 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.
9.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.
Scott Aronson, Parking Management Specialist, stated the current valet
queue is on S.E. 2nd Avenue on the west side where Worthing Park and Worthing Place
is. Mr. Aronson stated they currently have the two spaces on the west side of the
roadway and they are requesting for two spaces on the east side of the roadway in front of
what was formally the VFW. He stated the two restaurants opening in Worthing Place
plus the VFW 3,100 square foot restaurant is bringing a lot more business to that valet
queue. Mr. Aronson stated the other challenge with this valet queue is the southbound 1st
Street is eastbound towards the bridge so the parking is in the Federspiel Garage and they
use the 40 part-time spaces for the 110 E. Atlantic Avenue building. He stated in order to
get to the Federspiel Garage which is around the corner they have to use 2nd Street so
they are coming two blocks south one block east and two blocks back north to be able to
part the vehicle. Mr. Aronson stated the return trip to the customer is to Atlantic Avenue
and across and then coming back to the queue on the west side. Staff is in favor of the
queue on the east side and it is a project that they tried with the Kyoto Sushi queues on
N.E. 2nd Avenue and the reason for that failure was because it was for drop off for
customers only and their parking lot was to the north of the furniture store. Mr. Aronson
stated if they would have accepted vehicles on that side of the street they would have had
the same challenge staff is trying to correct here by having to go to Atlantic Avenue and
then four blocks to get to the parking. Mr. Aronson stated in this instance it works well
because the valet stand is in clear view of the spaces so they can see who is pulling in
there and if they do accept vehicles from incoming customers it is a one block turn. He
stated it does put them back on Atlantic Avenue but in a western direction which is less
busy during that critical time between 7:00 -9:00 p.m. when they are doing the
changeover seating. Mr. Aronson stated the applicant is requesting for two spaces on the
west side to give them a total of four spaces. He stated they have about 10,000 square
feet of restaurant that will be opening in the near future in addition to the prime location
and other restaurants in that area. Mr. Aronson stated this will be a total of six valet
parking spaces and the number of spaces would not be inconsistent with valet parking
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services. Mr. Aronson stated the current rate is $100.00 per space per month and would
add an additional $4,800.00 per year to the General Fund. Staff recommends approval.
Mr. Frankel stated Prime Steakhouse is really the same principals and
asked Mrs. Butler to give an update on IL Bacio's situation with the noise and any
outstanding Code Enforcement fees. Mrs. Butler stated there were a number of violations
that were cited over the last couple of years and a lot of them have been cured. She stated
the one regarding the noise went to the Code Enforcement Board and the two attorneys
requested a stay while they work things out. However, Mrs. Butler stated when the City
performed a late night inspection as a staff team in the downtown area they discovered
that there is a serious problem with IL Bacio and how the business their conducting
versus what has been approved so staff is in the process of working that violation through
the process. Mr. Frankel stated if the expansion is granted it is turning a blind eye of
what has been going on there. He stated it is right next to IL Bacio, it is the same
principals as IL Bacio, having a two sided valet creates a dangerous precedent, and
considering the entire situation in general, he is not comfortable granting the request.
Mrs. Gray stated she is in favor of the extra valet spaces because earlier
this morning when she went there all the parking spaces in the front on S.E. 2nd Avenue
are all taken up already before the lunch or breakfast crowd gets there. She stated the
Park Tavern is open now and another restaurant will be opening up in the next month
along with the VFW she feels we will need a valet otherwise all the traffic will back up
onto East Atlantic Avenue. Mrs. Gray stated the noise issues are still being worked out
but she supports the valet queue.
Mr. Carney asked Mr. Frankel to define how this is the same as IL Bacio.
Mr. Frankel stated Prime Steakhouse is a restaurant and the same owner owns IL Bacio
and is located a block away and is really servicing IL Bacio. Mr. Frankel stated to do a
favor for a business that has caused the City and its residents numerous headaches he
does not think they should be rewarded.
Mrs. Gray stated that would be servicing all the restaurants there not just a
restaurant because anyone that pulls up could actually use the valet queue. Mr. Aronson
stated they are open to the public and this was a program that the City tried several years
ago and the separation of incoming and outgoing vehicles is sometimes critical. He
stated when the cars are delivered back to valet queue sometimes if two couples are
eating dinner and arrived in two different cars and leave to say goodbye their cars sit in
the valet queue while cars are waiting to enter and there are only two valet spaces. Mr.
Aronson stated this would improve traffic flow by allowing those waiting to enter the
valet queue.
Dr. Alperin concurred with Commissioner Frankel's concerns and stated
he is not sure that using this as a tool against IL Bacio is appropriate. Dr. Alperin stated
he too is disappointed that the Commission is seeing this now before they have their final
discussion of what the contract should be like. Dr. Alperin stated he will not support this
at this point because he wants to see what the discussion is going to be and what the final
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decision is. Dr. Alperin stated he thinks they are very important and that site is going to
be heavily needed but he wants to see standards.
Mr. Carney concurred with comments expressed by Dr. Alperin.
Mayor McDuffie stated there are several merchants who stand to benefit
from this and hopefully also Atlantic Avenue stands to benefit by this and the community
traffic flow in this area would be better. Mayor McDuffie agrees that with all the renewal
of these valet parking queues coming up we need to have a discussion and find out where
we are and suggested that this be postponed and wait until we have been through that
process.
Dr. Alperin requested that staff provide an update regarding the two -way
pairs at the next meeting.
After brief discussion, it was the consensus of the Commission to
postpone Item 9.G. The City Attorney stated this item is not advertised so the
Commission does not need to postpone this item to a time certain; they can just postpone
it.
Mr. Carney moved to postpone Item 9.G., seconded by Mrs. Gray. 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.
9.F. RESOLUTION NO. 13 -12 /COMMUNITY REDEVELOPMENT
AGENCY (CRM: 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.
The caption of Resolution No. 13 -12 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA,
AUTHORIZING THE DELRAY BEACH COMMUNITY
REDEVELOPMENT AGENCY (THE "AGENCY ") TO
ISSUE TAX INCREMENT REDEVELOPMENT
REVENUE BONDS, IN ONE OR MORE SERIES (THE
`BONDS "), IN THE AGGREGATE PRINCIPAL
AMOUNT OF NOT TO EXCEED FOUR MILLION
DOLLARS ($4,000,000) TO BE OUTSTANDING FROM
TIME TO TIME PURSUANT TO A REVOLVING LINE
OF CREDIT UPON TERMS HEREINAFTER
DESCRIBED; AUTHORIZING THE PROPER
OFFICIALS OF THE CITY TO DO ALL OTHER
THINGS NECESSARY TO ASSIST THE AGENCY IN
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THE ISSUANCE OF THE BONDS; AND PROVIDING
FOR AN EFFECTIVE DATE.
(The official copy of Resolution No. 13 -12 is on file in the City Clerk's
office.)
Diane Colonna, Executive Director of the Community Redevelopment
Agency (CRA), stated this request is for the City Commission to authorize the CRA to
obtain a line of credit from City National Bank through the issuance of redevelopment
bonds in the amount of up to $4 million. Ms. Colonna stated this would allow the CRA
to borrow funds at an interest rate of 2.1% which was the lowest interest rate proposed
after the CRA issued an RFP and there were four responses submitted. She stated the
money will be used for public infrastructure projects and also for acquisition of property
that would be used for public purposes. Ms. Colonna stated this would be a revolving
line that the CRA would have up to three years to access the funds and pay it back within
five years. She stated there is no prepayment penalty if the fiends are not used and the
CRA is doing this to get a greater cash flow for a number of projects.
Mrs. Gray inquired about the bond dollars. Ms. Colonna stated the loan
will not be used for that and the CRA has pledged TIF (Tax Increment Financing) dollars
for that so the regular TIF revenue the CRA receives from the City would be used for
that. She stated this revolving line would be used for the infrastructure projects listed in
the CRA memo. Mrs. Gray asked if the hotel has their financing. Ms. Colonna stated the
hotel does have financing and the CRA's funding would be secondary to fill a gap. She
stated they have to put 20% equity in then they have financing they are getting from their
own sources and then the gap of what they are able to get and the addition that is needed
would be potentially made up for a five year loan from the CRA.
Mrs. Gray asked when the redevelopment would start. Ms. Colonna stated
it has been taking some time for the CRA to negotiate the agreements but they are on the
CRA agenda for Thursday night. She stated the CRA has a lease agreement and a loan
commitment letter and if the lease agreement is approved then they have to get their
franchise agreement in place. Ms. Colonna stated there are timeframes built into the
lease. Mrs. Gray asked what happens with the other acres of land. Ms. Colonna stated
the CRA has the RFP for the rest of the land also on Thursday night's agenda.
Mr. Carney moved to approve Resolution No. 13 -12, seconded by Dr.
Alperin- 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 7:05 p.m., the Commission moved to Item
10, the duly advertised Public Hearings portion of the Agenda.
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10. PUBLIC HEARINGS:
10.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 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.
The caption of Resolution No. 09 -12 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA,
AUTHORIZING THE CITY TO ACQUIRE CERTAIN
REAL PROPERTY IN PALM BEACH COUNTY,
FLORIDA, AS DESCRIBED HEREIN, HEREBY
INCORPORATING AND ACCEPTING THE
CONTRACT STATING THE TERMS AND
CONDITIONS FOR THE SALE AND PURCHASE
FROM THE DELRAY BEACH COMMUNITY
REDEVELOPMENT AGENCY, SELLER, TO THE CITY
OF DELRAY BEACH, FLORIDA.
(The official copy of Resolution No. 09 -12 is on file in the City Clerk's
office.)
A public hearing was held having been legally advertised in compliance
with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida.
The City Attorney stated this item is for the contract for sale and purchase
of a piece of vacant property at 421 S.W. 5h Avenue. The City is purchasing this
property from the CRA for the amount of $10.00 to be used for drainage retention.
Mayor McDuffie declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Resolution No. 09 -12,
the public hearing was closed.
Dr. Alperin moved to approve Resolution No. 09 -12, seconded by Mr.
Carney. 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.
10.A.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 in
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"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.
The City Attorney stated this covers the same thing as the previous item
(Item 10.B.).
Mayor McDuffze declared the public hearing open. There being no one
from the public who wished to address the Commission regarding the Interlocal
Agreement with the Community Redevelopment Agency (CRA) and the City, the public
hearing was closed.
Dr. Alperin moved to approve the Interlocal Agreement, 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.
10.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.
The caption of Resolution No. 11 -12 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA,
AUTHORIZING THE CITY TO SELL REAL
PROPERTY IN PALM BEACH COUNTY, FLORIDA,
AS DESCRIBED HEREIN, HEREBY INCORPORATING
AND ACCEPTING THE CONTRACT STATING THE
TERMS AND CONDITIONS FOR THE SALE AND
PURCHASE BETWEEN THE BUYER AND THE CITY
OF DELRAY BEACH, FLORIDA.
(The official copy of Resolution No. 11 -12 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Lula Butler, Director of Community Improvement, stated this item is a
request for the Commission to approve the sale of a property located at 530 N.W. 47th
Avenue purchased under the Neighborhood Stabilization Program for the amount of
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$45,000.00. Mrs. Butler stated the City received $1.9 million and acquired about 14 units
and are now in the process of rehabbing and selling those off. She stated this property is
located in Rainberry Woods. Mrs. Butler stated this property was appraised at 65,000
and brought up to Code; the second appraisal was by the bank; and the subsequent third
appraisal was 45,000. She stated this is going to a very low- income person and it is a
standard house that will last another 20 years because of the improvements that have been
done. Staff urged the Commission to allow the City to sell this house as proposed.
Mayor McDuffie declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Resolution No. 11 -12,
the public hearing was closed.
Dr. Alperin moved to approve Resolution No. 11 -12, seconded by Mrs.
Gray. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray —
Yes; Mayor McDuff e — Yes; Mr. Carney — Yes; Dr. Alperin — Yes. Said motion passed
with a 5 to 0 vote.
At this point, the Commission moved to Item 11, Comments and
Inquiries on Non - Agenda Items from the City Manager and the Public.
11.A. City Manager's response to prior public comments and inquiries.
The City Manager had no response to prior public comments and
inquiries.
11.13. From the Public.
11.13.1. Kevin Warner, 248 Venetian Drive, Delray Beach, FL 33483, thanked
the Commission for funding for more staffing at Fire Station No. 2.
11.13.2. Gerald Franciosa, 939 Eve Street, Delray Beach, FL 33483 (lived in
Delray Beach since 1998), thanked Dr. Alperin for serving and the entire Commission.
Mr. Franciosa stated there was an article in the Sun - Sentinel about the Inspector General
of Palm Beach County is questioning the City's trash agreement. He stated his garbage
has been picked up twice a week; his recycling is picked up once a week; his bulk pick up
is picked up once a week. Mr. Franciosa stated he gets four pickups a week and it now
costs him $13.63. Mr. Franciosa stated he has lived in his neighborhood for 13 years and
has never had a problem with Waste Management. He stated if he ever had a problem
with them they were right there and they took care of it. He stated if the City does not
need to fix it then don't. Mr. Franciosa stated Waste Management is a good company
and the drivers are very courteous and if there is a mess in the street and you call, they
come and take care of it.
Secondly, Mr. Franciosa stated there is something on the Agenda on First
Reading and there was a change on the staff report which was made that night at the last
Planning and Zoning Board meeting. He stated he looked at the Agenda backup and the
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change was not made on the backup. Mr. Franciosa stated he would like to know if staff
eventually presents it to the Commission with the changes or if they never get to see the
changes.
11.B.3. Alice Finst, 707 Place Tavant, Delray Beach, FL 33445, stated there is a
ballot item that has not been publicized and asked if there is a possibility of getting out to
the papers the "whys" and "wherefores" of the ballot item and putting signage up to let
people know the day and date when the vote is to be taken.
Secondly, Mrs. Finst stated she received a special courtesy notice seeking
public input of potential infrastructure deficiencies in her 201 home neighborhood. She
did not see any notice of this meeting in the papers. Mrs. Finst stated she went to the
meeting to speak on potential infrastructure deficiencies and it was announced at this
portion of the meeting which was sandwiched into a Planning and Zoning Board meeting
held at the Environmental Services Building on South Swinton Avenue that this would
replace the Town Hall Meeting which had been held every January for years at Old
School Square. She stated originally the Town Hall Meeting was held at Old School
Square with great turnout and the meeting at South Swinton Avenue had about 12 people.
Mrs. Finst stated residents and neighbors attended the former Town Hall Meetings and
were given an opportunity to tell what was going on in their neighborhoods and to share
their neighborhood concerns. However, it seems that more restrictions were put on
public openness and the conversations were limited to structured questions and last year
only about 30 people showed up from former years when the Crest Theatre was jammed.
Mrs. Finst urged the Commission to hold a Town Hall Meeting for 2012 to have open
conversations to find out how all neighbors feel and get back to the old way of doing
things in the village -by- the -sea. She urged the Commission to put this on the next
Agenda for conversation.
11.BA. David Charles Faustin, 10175 Camino Del Dios, Delray Beach, FL
33446, stated he stands before the Commission in defense of freedom, the rule of law,
and the United States Constitution. Mr. Faustin read a brief statement into the record
regarding freedom and commented about his political signs during a 2010 early voting
cycle. He stated on October 26, 2010 he went to Delray Beach City Hall, a Palm Beach
County 2010 early voting site, and upon arrival he did not find a marked solicitation area
like all the other early voting sites he had visited.
11.B.5. Christina Morrison, 2809 Florida Boulevard, Apt. #207, Delray
Beach, FL 33483, stated the Waste Management contract has not been bid out in over a
decade and the specs are not current. She asked that the contract be put out for bid
properly.
Readings.
At this point, the time being 7:24 p.m., the Commission moved to First
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12. FIRST READINGS:
12.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.
office.)
The caption of Ordinance No. 05 -12 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA
ADOPTING A SMALL -SCALE COMPREHENSIVE
PLAN AMENDMENT, PURSUANT TO THE
PROVISIONS OF THE "COMMUNITY PLANNING
ACT", FLORIDA STATUTES SECTION 163.3187,
INCLUDING A SMALL -SCALE FUTURE LAND USE
MAP AMENDMENT FROM TRN (TRANSITIONAL)
TO GC (GENERAL COMMERCIAL) FOR LAND
LOCATED AT THE SOUTHEAST CORNER OF
LINTON BOULEVARD AND SOUTH FEDERAL
HIGHWAY, AS MORE PARTICULARLY DESCRIBED
HEREIN, AND AN ASSOCIATED TEXT
AMENDMENT MODIFYING THE DESCRIPTION OF
THE GC (GENERAL COMMERCIAL) FUTURE LAND
USE DESIGNATION PERTAINING TO SAID LAND;
AND REZONING AND PLACING SAID LAND
PRESENTLY ZONED POC (PLANNED OFFICE
CENTER) TO PC (PLANNED COMMERCIAL)
DISTRICT; AMENDING "ZONING MAP OF DELRAY
BEACH, FLORIDA, JANUARY 2012 "; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 05 -12 is on file in the City Clerk's
The City Attorney read the caption of the ordinance.
Paul Dorling, AICP, Director of Planning and Zoning, stated this is a
privately sponsored Future Land Use Map change from Transitional (TRN) to General
Commercial (GC), rezoning from POC (Planned Office Center) to PC (Planned
Commercial), and text amendment to the Comprehensive Plan modifying the description
of the GC (General Commercial) Future Land Use designation to identify a maximum
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FAR (Floor Area Ratio) 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). Mr.
Dorling stated this was originally annexed in the 1970's and those buildings were
constructed. In 1991, the City went through some changes and put a zoning designation
of Planned Office Center (POC) on this site and a land use designation of Transitional
(TRN). Mr. Dorling stated this request is to change that land use and zoning to those
designations as indicated as well as the text amendment. He stated this is part of the
South Federal Highway Redevelopment Plan and there have been four public meetings in
the Commission Chambers over the past year. Mr. Dorling stated as part of the proposal
and public hearing there were two options that have been discussed for this parcel; one is
to go to PC consistent with the PC and the balance with the exception of AC (Automotive
Commercial) which would make the entire parcel commercial; the other option was to
take it to AC consistent with the other commercial land use in that corridor. Mr. Dorling
stated there has been some discussion that this is premature and he noted that if the plan
was adopted we would be initiating this very change. Staff recommends approval.
At its meeting of February 27, 2012, the Planning and Zoning Board
considered this and the Board had concerns which centered on issues which are more
appropriate at the site plan approval stage. There was significant discussion about widths
and buffers proposed as part of this development but staff feels this is premature at this
point but it is whether the City should be looking at a commercial designation rather than
an office. Mr. Dorling stated a commercial designation provides greater flexibility for
this property.
Mrs. Gray stated the residents in that community are concerned about the
big box businesses and asked how we can protect them with changing it to the General
Commercial. Mr. Dorling stated in the plan they deal with additional regulations which
limit the maximum size of any one user and there is some other issues about buffering.
He stated any development that is ultimately put forward on this project under a rezoning
is required to be consistent and compatible with the adjacent development.
Dr. Alperin stated he has spoken to the applicant and has heard from some
of the local residents as well. Dr. Alperin stated he too would be very concerned about
seeing big box businesses which would be very inconsistent with the development around
it. He stated it is very important that this applicant speak to the neighbors directly and get
a feel for their concerns and see if there is some way to resolve the differences so that by
the time it comes for a public hearing they will not hear a screaming crowd that has not
been communicated with by the applicant. Dr. Alperin stated this would save a lot of
time and maybe get rid of some false rumors or intentions. He will support on first
reading.
Mr. Carney concurs with Dr. Alperin and stated any time a tract of land
borders on a residential area special considerations need to be addressed. Mr. Carney
stated at the same time this intersection has evolved from the original zoning that they
were granted. He stated the office complex is not working and it has become much more
of a commercial corner. Mr. Carney sated the applicant needs to be sensitive to the
abutting populations and is hoping that there is going to be some serious discussions on
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how to best address some of the concerns. Mr. Carney stated he will support this on first
reading because ultimately this is a good change for that corner.
Mr. Frankel stated this is a premier corner of our city and expressed
concern with losing control of what would go there and with the 5 to 0 vote by the
Planning and Zoning Board after "intense discussion ". He stated whenever there is a
unanimous vote against that raises great concern. Mr. Frankel stated tonight he is willing
to go forward.
The City Manager stated staff is correct that unfortunately Planning and
Zoning got into a lot of site plan issues which the Commission cannot solve at this stage
and feels they should wait until they have the site plan in front of them.
Mayor McDuffie concurred with comments expressed by the City
Manager. Mayor McDuffie stated we have reached out as a community, City
Commission, and business development people and tried to find merchants to come into
this corner. Mayor McDufe stated as noted by Commissioner Frankel this is one of the
prime pieces of property in the city and does not feel it will get out of control.
Dr. Alperin moved to approve Ordinance No. 05 -12, 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.
12.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
bearing will be held on March 20, 2012.
office.)
The caption of Ordinance No. 12 -12 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH,
FLORIDA, BY AMENDING SECTION 8.5.1,
"ESTABLISHMENT OF PUBLIC ARTS PROGRAM ",
SUBSECTION (B), "APPROPRIATION OF CAPITAL
IMPROVEMENT PROJECT (CIP FUNDS) ", SETTING
FORTH THE CITY'S RIGHT TO USE APPROPRIATED
FUNDS; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 12 -12 is on file in the City Clerk's
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The City Attorney read the caption of the ordinance.
Paul Dorling, AICP, Director of Planning and Zoning, stated this is a city -
initiated LDR to the Public Arts Program clarifying the City's right to use the funds as
appropriated in the City's budget. In 2005, the City Commission established a Public
Arts Program and those regulations allowed for the City to appropriate 1.5% of total
eligible construction costs to be used for various components of the Public Arts Program.
He stated in recent budget revisions the Public Arts Program's money along with Capital
Improvement Project dollars were considered for reallocation. Mr. Dorling stated this
amendment would clarify that the Public Arts Program Funds can be utilized for not only
Public Arts Programs but for other purposes as otherwise appropriated in the City budget.
At its meeting of February 27, 2012, the Planning and Zoning Board
reviewed this amendment and there several members of the public that spoke in
opposition to this amendment including people from the Public Arts Board. After intense
discussion, the Board recommended denial of the proposed amendment with a 3 to 1 vote
(Mark Krall dissenting).
Mr. Carney asked if the City should leave some funds in that account to
ensure that they can continue some of things that they are actually charged with doing.
The City Manager stated they have a consultant's contract and if there is a need the City
will find some money and take care of it. However, the City Manager stated that
maintenance is one thing but when talking about grants it sounds like they are doing
something new somewhere.
Mayor McDuffie stated some of the thoughts going around are that the
City is doing this just to pick the Public Arts Board pocket. He stated the Commission
understands the need for what happened this year and it is not planned to go pick
anyone's pocket in particular to balance a budget. However, Mayor McDuffie stated the
City had to enable what had already been decided upon.
Mrs. Gray asked if next year when the budget is balance this could be
something that we can always put back. The City Manager stated this is something that
can always be put back.
Dr. Alperin stated the Commission is passing the ordinance to allow this
to happen and only agreeing to do it for this year and it does not mean that the City is
going to take the money next year. Dr. Alperin stated this sends a message to the Public
Art Board that the City gave the Board the money and it is expected to be used for public
art. Dr. Alperin stated the money was there; the City needed it and is taking it. However,
Dr. Alperin reiterated that this does not mean the Commission is against public art but it
should be spent for that purpose.
Mr. Carney stated as we do projects it is getting replenished anyway. The
City Manager stated this depends on the project as they come along.
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The City Attorney clarified that it is not private projects it is public
projects. Therefore, the City Attorney stated private developers are not contributing to
this.
Dr. Alperin moved to approve Ordinance No. 12 -12, seconded by Mr.
Frankel. Upon roll call the Commission voted as follow: 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 7:50 p.m., the Commission moved back to
Item 9.13. of the Regular Agenda.
9.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.
Lula Butler, Director of Community Improvement, stated this item is
consideration of a request from Mr. Robert Goldstein to reimburse him plan review fees
paid upon the submission of a permit application for a new single family home on July
19, 2005 in the amount of $13,161.85. Mrs. Butler stated Mr. Goldstein's initial request
for reimbursement was made to her in April 2007 and her response to him acknowledging
that we could not do that was done in a letter dated May 2, 2007. Mrs. Butler stated she
heard from him again in August 2011 where he called to follow -up on his letter because
she said in the letter that if he disagreed with staff s position his recourse was up to the
Commission. She stated his position was that since he did not build a home the City did
nothing to earn the plan review fees made on his initial submission. Mrs. Butler stated
the permit was submitted in July 2005 and the plans were immediately routed to Planning
and Zoning because it was identified by staff that it was in the Beach Overlay District and
it did not come in the correct way with the required application. Mrs. Butler stated
Planning and Zoning disapproved the application and that information was
communicated to the Project Architect on July 28, 2005. In addition, she stated one of
the things he had said was that one of maps his architect looked at was incorrect. Mrs.
Butler stated in the Beach Overlay District Manual there are two different maps; one
shows the entire area that was served and one appears to have cut off the property in that.
However, Mrs. Butler stated the map that Mr. Goldstein would have discussed with staff
in the office shows the property to be in the Beach Overlay District. She stated the land
management file is set up to identify properties in the Overlay District when someone
applies for it because that is how staff makes sure that those things do not slip through the
crack. Mrs. Butler stated once those comments were submitted back to the architect, staff
proceeded to route the plans to Public Utilities, Engineering, and the Plan Reviewers for
structural, mechanical, electric and plumbing. Mrs. Butler stated based on State Statute
that if there is no action on a permit within six months of submitting it then it dies.
Therefore, Mrs. Butler stated his request has been made 17 months after the permit was
submitted and staff recommends denial Mr. Goldstein's request.
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Mr. Frankel moved to approve the reimbursement request from Mr. Robert
Goldstein, seconded by Dr. Alperin. Upon roll call the Commission voted as follows:
Mr. Carney — No; Dr. Alperin — No; Mr. Frankel — No; Mrs. Gray --- No; Mayor McDuffie
— No. Said motion was DENIED with a 5 to 0 vote.
9.H. SPECIAL EVENT REMST/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.
Robert A. Barcinski, Assistant City Manager, stated this request is for
Commission to consider approval of this special permit request for this event 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 would also require staff support for
traffic control, security, fire inspection services, and trash removal and clean up. Mr.
Barcinski stated the total estimated overtime costs are $2,185; trash boxes $90 for a total
of $2,275. Per the Special Event Policies and Procedures, the event producer will pay
100% of all City costs of $2,275 including park rental plus the $600 park rental. Staff
recommends approval subject to the following four (4) conditions: (1) receipt of a rental
agreement with Old School Square Park by April 6, 2012, (2) receipt of a Certificate of
General Liability and Alcohol Liability Insurance by April 23, 2012, (3) Require the site
to be fenced or at least the beer garden, and (4) receipt of a copy of the Temporary Liquor
License by May 1, 2012.
Dr. Alperin stated he is always concerned about how many events we do
and commented about this being a 4 hour event. Mr. Barcinski stated this is for their
supporters, volunteers, and potential volunteers.
Mr. Frankel suggested that next week when this is discussed at the
Workshop that staff put together a calendar over the last year and show the Commission
what events have occurred on those weekends (preferably during season). Mr. Barcinski
stated with regard to the tennis tournament weekend he tries to get all the organizations
coordinating so that things are not jammed up. Mr. Barcinski stated he has told to them
several times about not scheduling anything else on the tennis tournament weekend; he
stated the art show was his fault but next year this will not happen. Mr. Barcinski stated
some of this he has control over and some he does not.
Mr. Frankel stated he noticed in both Items 9.1-1. and 9.I. is a condition that
there is a rental agreement between the applicant and Old School Square and he would
like to know if Old School Square is interested in hosting the event. Mr. Barcinski stated
originally they went to Old School Square and their fee was higher than the City's. Mr.
Barcinski stated Old School Square is doing their beer fest the end of April instead of
Circle on the Square and this is more of a private event. If they had done this with tents
and not food trucks this could have been a park rental.
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03/06/12
Mrs. Gray asked if the problem with all the activity is because of the
finances and the City is not getting the dollars or is because we cannot manage all the
events. In response, Mr. Barcinski stated when the City required the events to pay 100%
of the overtime costs he thought the event requests would slow down and staff is actually
seeing more requests.
Dr. Alperin moved to approve the Special Event Request for the Food
Truck Jam to be held on May 6, 2012 from noon to 4:00 p.m., subject to the conditions
listed in the staff report, seconded by Mrs. Gray. 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_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.
Robert A. Barcinski, Assistant City Manager, stated this is a request for
the Commission to approve a special event permit request received from Josh Davis for a
proposed music festival to be held at the grounds of Old School Square and in the Old
School Square Park on September 22, 2012 from noon to 11:00 p.m. The Commission is
also requested to approve staff support for traffic control and security, EMS assistance
and fire inspection, site cleanup, trash removal, trash boxes, event signage and small
stage use. Mr. Barcinski stated there is a site plan with this request and the event
producer plans on using the entire site, setting three stages up, having different bands
rotate between the stages. The estimated overtime is $15,465; stage rental of $530; trash
boxes $245; signage $250; and the park rental for that day would be $1,000 for a total of
$17,490 at which all would have to be paid to the City. Staff recommends approval
subject to the following seven (7) conditions: (1) receipt of a rental agreement with Old
School Square by August 22, 2012, (2) receipt of a rental agreement with Old School
Square Park by August 22, 2012, (3) receipt of a Certificate of General Liability and
Alcohol Liability Insurance and a signed Hold Harmless Agreement by September 1,
2012, (4) require the site to be fenced, (5) require an on -site dumpster and grease disposal
barrels, (6) receipt of a non - refundable deposit of $4,000 by September 1, 2012, and (7)
receipt of a copy of the Temporary Liquor License by September 14, 2012.
Mr. Frankel inquired about the $4,000 non - refundable deposit and asked if
the total amount of $17,490 need to be paid prior to the event date. Mr. Barcinski stated
the City has never required that because staff does an estimate which is based on actual
overtime (i.e. who works it, what their hourly rate is and what their overtime rate is).
25
03/06/12
Dr. Alperin stated if any one of the deadlines is not met, he feels for the
City to be credible and to be able to enforce it, if the event producer misses one date it
should be cancelled.
Mr. Barcinski stated if the Commission would like to move up the non-
refundable deposit date and make it sooner than September 1, 2012, this can be changed
in the conditions and made a part of the approval.
Mrs. Gray asked if we are doing this with everyone or just starting with
this request. Mr. Barcinski stated this has been done before (i.e. the Italian Fest who
never paid the City) and have done it with some of the other big events that are new.
Dr. Alperin stated the first times are the biggest risk and those are the ones
that the City should require a higher deposit.
Mr. Frankel stated they are anticipating a net profit of $125,000.
Dr. Alperin recommended that the Commission move the dates in the
conditions to August 1, 2012 and increase the non - refundable amount to $10,000.
Prior to the vote, Mrs. Gray asked if this is a fundraiser. Mr. Davis stated
this is a for -profit event but it will have the same structure as the Garlic Festival where
they use local volunteers to staff the event and a portion of the profits will be going to
those'volunteer organizations depending on the success of the event.
Mr. Carney moved to approve Item 9.1. with the moving up of the date for
the non - refundable deposit to be August 1, 2012, and increase the amount of the non-
refundable deposit to $10,000 and with all the conditions as listed to be moved up to
August 1, 2012, seconded by Mr. Frankel. Upon roll call the Commission voted as
follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuff e — Yes; Mr. Carney —
Yes; Dr. Alperin — Yes. Said motion passed with a 5 to 0 vote.
9.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).
Mr. Carney stated he would like to defer his appointment to the next
regular meeting of March 20, 2012.
At this point, the time being 8:18 p.m., the Commission moved to Item
13, Comments and Inquiries on Non - Agenda Items.
13. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS.
13.A. City Manager
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03/06/12
The City Manager distributed a memo to everyone regarding the mid -year
budget review.
Secondly, the City Manager reminded everyone that the Workshop
meeting is on Thursday, March 15, 2012. Due to two large conflicts, it was the
consensus of the Commission to change the meeting time from 6:00 p.m. to 4:00 p.m.
Lastly, the City Manager stated Kelly Smallridge spoke at the League last
week regarding the Tourist Development Council and talked about the equestrian events
in Wellington and one of the ways the Tourist Development Council is trying to support
those is they find a lot of CEO's have their children in those events. The City Manager
stated the City of Delray Beach could do the same thing with the four youth tennis events
and find out if there are business owners coming to those events and market Delray to
those people while they are here.
13.B. City Attorney
The City Attorney had no comments or inquiries on non - agenda items.
U.C. City Commission
U.C.I. Dr. Alperin
Dr. Alperin suggested that the Commission have discussion to consider
creating a Charter Review Committee at the March 15, 2012 Workshop Meeting.
13.C.2. Mr. Carng
Mr. Carney stated with regard to the reviews for the City Manager and the
City Attorney in May and the Commission would need consent to change their local rules
when they are adopted in late March.
13.C.3. Mrs. Gray
Mrs. Gray reminded everyone to vote on Tuesday, March 13, 2012.
Secondly, Mrs. Gray stated the tennis tournament last week was great.
She stated there were concerns from some of the visitors about being approached by the
panhandlers.
Mrs. Gray stated there was a demo done by Craig Smith and asked staff
for the results of that.
the hotel.
Mrs. Gray stated she is glad to see that the CRA is moving forward with
27
03/06/12
Lastly, Mrs. Gray stated today is her birthday.
13.C.4. Mr. Frankel
Mr. Frankel stated the Baron's and Match Point did a great job with the
tennis tournament. He commented about the television coverage on Saturday and Sunday
on the tennis channel internationally. Mr. Frankel stated it is important to note that along
with highlighting the tennis they also had footage of the Green Market, footage going up
and down Atlantic Avenue, and a great ad showcasing the City of Delray Beach. Mr.
Frankel stated during the day sessions there are a number of people who walk to the
garage and suggested that the City consider a special event charge next year.
13.C.5. Mayor McDuffie
Mayor McDuffie stated this appears to be the two or three years for
centennials. He stated the Town of Palm Beach had theirs, the Girl Scouts had theirs.
Mayor McDuffie stated this marks the 100th anniversary of the American Institute of
Architects (AIA) and as part of the celebration they are holding a contest statewide for
the top ten historical properties in the State of Florida. He stated they have already
selected the top 100 and the City of Delray has as well; one of them being the Colony and
one is a private residence on Vista. Mayor McDuffie stated according to the AIA some
of the properties have had banners put across them already and he will send the
information to the Commission.
Lastly, Mayor McDuffie stated the tennis matches were great and the
quality of play in the evenness in the skills of the competitors made for some incredible
matches.
There being no further business, Mayor McDuffie declared the meeting
adjourned at 8:38 p.m.
City Clerk
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03/06/12
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 March 6, 2012, which Minutes were formally approved and adopted by the City
Commission on March 20, 2012.
City Clerk
NOTE TO READER:
If the Minutes you have received are not completed as indicated above, this means they
are not the official Minutes of the City Commission. They will become the official
Minutes only after review and approval which may involve some amendments, additions
or deletions as set forth above.
29
03/06/12
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
1. This is an appeal of the January 25, 2012 decision by the Site Plan
Review and Appearance Board ( "SPRAB") approving T- Mobile's request to change to
their corporate font, but requiring the business to comply with 'the blanket sign color of
glue vinyl #3630 -36, instead of the requested "PMS Rhodamine Red" corporate color.
This appeal came before the City Commission at its meeting on March 6, 2012.
2. The Appellants, Appellee and City staff presented documentary evidence
and testimony to the City Commission pertaining to the appeal of the approval of a
request from T- Mobile to amend the blanket sign program approved for the Fountains
Plaza located at 14451 S. Military Trail, with restrictions requiring T- Mobile to comply
with the blanket sign color of blue vinyl #3630 -36 in accordance with the Blanket Sign
Program, pursuant to LDR 4.6.7(F)(2)(a).
L ■.�_ .L
Pursuant to LDR Section 4.6.7(17)(2)(a), "Blanket Sign Program.
Are the requirements of LDR Section 4.6.7(F)(b) met in order to
maintain the Master Sign Program and uphold SPRAB's decision?
Yes ✓ No
3. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the original site plan was submitted.
4. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
5. Based on the entire record before it, the City Commission approves
denies the appeal.
City Commission Meeting on March 6, 2012; Item 9.A.
The City Commission hereby adopts this Order this 6th day of March, 2012, by a
vote of 4 in favor and 1 opposed
ATTEST:
Cheveiie Nubin.����n
City Clerk
Nelson S. McDuffie, Ma
City Commission Meeting on March 6, 2012; Item 9.A.
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
1. This waiver request came before the City Commission on March '6, 2012.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the waiver request for Saxena White
Corporate Offices. All of the evidence is a part of the record in this case. Required
findings are made in accordance with Subsection 1.
I. WAIVERS: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the
approving body shall make a finding that the granting of the waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of public facilities;
(c) Shall not create an unsafe .situation; and,
(d) Does not result in the grant of a special privilege in that the same
waiver would be granted under similar circumstances on other
property for another applicant or owner.
A. Waiver to LDR Section 6.1.3(B)
Pursuant to LDR Section 6.1.3(B), an 8' sidewalk shall be provided on the
Central Business District. The applicant is requesting a waiver to allow for
a reduction from 8' to 5' wide sidewalk along SE 1st Street and along SE
1St Avenue, Staff supports the waiver subject to the condition that the
sidewalk be brick pavers in front of the entry way.
Should the waiver to reduce the sidewalk width from 8 feet to 5 feet be
granted subject to the condition stated above?
Yes V/ No
3. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the original development application was
1
City Commission Meeting on March 6, 2012; Item 9.13.
submitted and finds that its determinations set forth in this Order are consistent with the
Comprehensive Plan.
4. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings,
5. Based on the entire record before it, the City Commission approves
denies the waiver: request.
6. Based on the entire record before it, the City Commission 'Irreby adopts
this Order this 6th day of March, 2012, by a vote, of 5 in favor and- - - � pposed.
ATTEST; Nelson S. Mc uffie, May r
Chevelle Nubin, City Clerk
2
City Commission Meeting on March 6, 2042; Item 9.6.
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
1. This waiver request came before the City Commission on March 6, 2012.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the waiver requests for Wayside House.
All of the evidence is a part of the record in this case. Required findings are made in
accordance with Subsection 1.
1. WAIVERS. Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the
approving body shall make a finding that the granting of the waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall. not significantly diminish the provision of public facilities;
(c) Shall not create an unsafe situation; and,
(d) Does not result in the grant of a special privilege in that the same
waiver would be granted under similar circumstances on other
property for another applicant or owner.
A. Waiver to LDR Section 4.4.13(F)(1)(a):
Pursuant to LDR Section 4.4.13(F)(1)(a), overall height of buildings shall
be a minimum of twenty -five feet (25).
Should the waiver to reduce the minimum building height from 25 feet to 14
feet 10 inches be granted?
Yes ✓ No
B. Waiver to LDR Section 4.4.13(F)(4)(b)1:
Pursuant to LDR Section 4.4.13(F)(4)(b)1, for buildings fronting on A -1 -A,
Atlantic Avenue in the West Atlantic Neighborhood and Beach Districts,
and on NE and SE 5"' and NE and SE 61h Avenues, ground floor to thirty -
seven feet (37`) shall be a minimum of seventy percent (70 %) and a
maximum of ninety percent (90 %) of the building frontage shall be set
1
City Commission Meeting on March 6, 2012; Item 9.C.
back no greater than ten fleet (10') from the property line. The remaining
length of the building shall be set back a minimum of fifteen feet (15') from
the property fine_
Should the waiver to increase the setback from 10 feet by 15 feet (from 10
feet to 25 feet) for 70 -90 % of building frontage and by 10 feet (from 15 feet
to 25 feet) for the remainder of the building frontage be granted?
Yes ✓ No
3. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the original development application was
submitted and finds that its determinations set forth in this Order are consistent with the
Comprehensive Plan,
4. The City _Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
5. Based on the entire record before it, the City Commission approves ✓
denies the waiver requests.
6. Based on the entire record before it, the City Commission hereby adopts
this Order this 6th day of March, 2012, by a vote of--"-,5 in favgf anc
. VM
ATTEST: Nelson S. McDuffie, M
Chevelle Nubin, City Clerk
2
City Commission Meeting on March 6, 2012; Item 9.C.
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
WAIVER REQUEST FOR 1041 SEASPRAY AVENUE
1. This waiver request came before the City Commission on March 6, 2012.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the waiver request for 1041 Seaspray
Avenue. All of the evidence is a part of the record in this case. Required findings are
made in accordance with Subsection 1.
[. WAIVERS: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the
approving body shall make a finding that the granting of the waiver:
(a) Shall not adversely affect the neighboring area;
([) Shall .not significantly diminish the provision of public facilities;
(c) Shall not create an unsafe situation; and.,
(d) , Does not result in the grant of a special privilege in that the same
waiver would be granted under similar circumstances on other
property for another applicant or owner_
A. Waiver to LDR Section 4.6.14(B)(1).
Pursuant to LDR Section 4.6.14(B)(1), there is a requirement for a ton foot
(10') sight visibility triangle at the intersection of the driveway and the
property line.
Should the waiver to reduce the sight visibility from 10 feet to 4 feet, 6
inches be granted?
Yes No
3. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the original development application was
submitted and finds that its determinations set forth in this Order are consistent with the
Comprehensive Plan,
1
City Commission Meeting on March 6, 2412; Item 9.D.
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 waiver request.
6. Based on the entire record before it, the City Commission hereby adopts
this Order this 6th day of March, 2012, by a vote fofi =� in favor a o osed.
ATTEST; Nelson S. McDuffie, M
D �
Chevelle Nubin, City Cleric
l+
City Commission Meeting on March 6, 2012; Item 9.D.