03-20-12 Regular Meeting MinutesMARCH 20, 2012
A Regular Meeting of the City Commission of the City of Delray Beach,
Florida, was called to order by Mayor Nelson S. McDuffle in the Commission Chambers
at City Hall at 6:00 p.m., Tuesday, March 20, 2012.
1. Roll call showed:
Present- Commissioner Thomas F. Carney, Jr.
Commissioner Jay Alperin
Commissioner Adam Frankel
Commissioner Angeleta E. Gray
Mayor Nelson S. McDuffle
Absent - None
Also present were - David T. Harden, City Manager
Brian Shutt, City Attorney
Chevelle D. Nubin, City Clerk
2. The opening prayer was delivered by Rabbi Randy Konigburg with
Temple Emeth.
3. The Pledge of Allegiance to the flag of the United States of America was
given.
4. AGENDA APPROVAL.
Mayor McDuffle stated Item 9.A., Appeal of Site Plan Review and
Appearance Board Action: Delray InwInc., has been requested to be postponed by the
applicant until the regular meeting of April 3, 2012 and Item 9.H., Appointments to the
Charter Revision Committee was added to the Regular Agenda.
Mr. Frankel moved to approve the Agenda as amended, seconded by Mr.
Carney. Upon roll call the Commission voted as follows: Dr. Alperin -- Yes; Mr.
Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffle — Yes; Mr. Carney — Yes. Said
motion passed with a 5 to 0 vote.
5. APPROVAL OF MINUTES:
Mrs. Gray moved to approve the Minutes of the Workshop Meeting of
February 14, 2012, seconded by Mr. Frankel. 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.
03/20/12
Dr. Alperin moved to approve the Minutes of the Regular Meeting of
March 6, 2012, 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.
6. PROCLAMATIONS:
6.A. None
6.A. Water Conversation Month — April 2012
Mayor MCDuffie read and presented a proclamation hereby proclaiming
the month of April, 2012 as Water Conservation Month in the City of Delray Beach.
Richard Reade, Sustainability Officer /City of Delray Beach and Pam Mackie,
Government Affairs with the Water Management District came forward to accept the
proclamation and gave a few brief comments.
6.B. Fair Housing America Month — April 2412
Mayor McDuffie read and presented a proclamation hereby proclaiming
the month of April, 2012 as Fair Housing Month in the City of Delray Beach. Lula
Butler, Director of Community Improvement, came forward to accept the proclamation.
7. PRESENTATIONS:
A. None
8. CONSENT AGENDA: City Manager Recommends Approval.
8.A. REQUEST FOR SIDEWALK DEFERRAL /1026 POINSETTIA
ROAD: Approve a request to defer the installation of a sidewalk for the south side of
Poinsettia Road at 1026 Poinsettia Road.
8.B. LANDSCAPE MAINTENANCE AGREEMENT /SW DELRAY ONE,
LLC: Approve a landscape maintenance agreement with SW Delray One, LLC. to allow
the future location of landscape materials within the public right -of -way at Saxena White
Corporate Offices located at 111 S.E. 1st Avenue.
8.C. CONTRACT CLOSEOUT (CHANGE ORDER NO.
1/FINAL)/WEST CONSTRUCTION, INC./WORTHING PARK IMPROVEMENT
PROJECT: Approve Contract Closeout (GO. No. I/Final) in the amount of a $3,987.15
decrease and final payment in the amount of $9,583.45 to West Construction, Inc.,
for completion of the Worthing Park Improvement Project. Funding is available from
117- 4133 - 572 -68.19 (Recreation Impact Fee FD: Other Improvement/Worthing Park
Improvement).
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B.D. AGREEMENTS FOR LAND SURVEYING CONSULTING
SERVICES: Approve Agreements with Avirom & Associates, Inc., Dennis J. Leavy &
Associates, Inc., Wantman Group, Inc. and Caulfield & Wheeler, Inc. for land surveying
consulting services.
S.E. RESOLUTION NO. 19 -12: LOCAL AGENCY PROGRAM (LAP)
AGREEMENT/FLORIDA DEPARTMENT OF TRANSPORTATION
(FDOT)/FEDERAL HIGHWAY BEAUTIFICATION PROJECT: Approve
Resolution No. 19 -12 authorizing the execution of a Local Agency Program (LAP)
Agreement with the Florida Department of Transportation (FDOT) for the construction of
the Federal Highway Beautification project.
The caption of Resolution No. 19 -12 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA,
AUTHORIZING THE PROPER CITY OFFICIALS TO
EXECUTE A LOCAL AGENCY PROGRAM (LAP)
AGREEMENT WITH THE STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION TO PROVIDE
FOR THE DEPARTMENT'S PARTICIPATION IN
MILLING AND RESURFACING OR
RECONSTRUCTING PORTIONS OF US 1 / SR -5 FROM
SOUTH OF HARBORSIDE DRIVE TO BOND WAY
(PROJECT CONSISTING OF LANDSCAPING,
LIGHTING, AND MINOR DRAINAGE
IMPROVEMENTS) AND RESURFACING ON
ATLANTIC AVENUE FROM SOUTHBOUND US -1 TO
NORTHBOUND US -1 WITHIN THE CITY OF DELRAY
BEACH; PROVIDING FOR CONFLICTS; PROVIDING
AN EFFECTIVE DATE.
(The official copy of Resolution No. 19 -12 is on file in the City Clerk's
office.)
8.F. TRANSPORTATION ENHANCEMENT PROGRAM GRANT
PROPOSAL/ PALM BEACH METROPOLITAN PLANNING ORGANIZATION
M( PO): Authorize submitting a Transportation Enhancement Program Grant Proposal to
the Palm Beach Metropolitan Planning Organization (MPO) for the construction of
bicycle lanes and sidewalks on Homewood Boulevard from Old Germantown Road to
Lowson Boulevard.
8.G. AGREEMENT/LEGAL AID SOCIETY OF PALM BEACH
COUNTY: Approve an Agreement between the City and the Legal Aid Society of Palm
Beach County to utilize space and provide services from the Neighborhood Resource
Center (NRC).
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8.H. AMENDMENT 001 TO THE FOURTH AGREEMENT/DISASTER
RECOVERY INITIATIVE (DRI2) /PALM_ BEACH COUNTY: Approve
Amendment 001 to the Fourth Agreement between the City and Palm Beach County for
the Disaster Recovery Initiative Housing Rehabilitation Program (DRI2)
Program, correcting the maximum compensation allowed.
8.1. SPECIAL EVENT REQUEST /OLD SCHOOL BEERFEST:
Approve a special event request for the Old School Beerfest to be produced by Old
School Square proposed to be held on April 21, 2012 from 4:00 p.m. to 8:00 p.m., on the
grounds of Old School Square and Old School Square Park; and to authorize staff support
for security, fire inspection services, event signage and reserved parking in the Old
School Square Garage; contingent upon receipt of a Certificate of Liability Insurance,
Alcohol Liability Insurance and Hold Harmless Agreement by April 5, 2012.
8.J. SPECIAL EVENT REQUEST /15TH ANNUAL DOWNTOWN
DELRAY BEACH CRAFT FESTIVAL: Approve a special event request to endorse
the 15th Annual Downtown Delray Beach Craft Festival sponsored by Howard Alan
Events, Ltd. to be held May 26 - 27, 2012 from 10:00 a.m. to 5:00 p.m., to grant a
temporary use permit per LDR Section 2.4.6(F) for the closure and use of N.W. 3rd
Avenue from Atlantic Avenue north to the south side of the entrance to Atlantic Grove
townhomes and use of the Tennis Center parking lot and North parking lot at City Hall;
and to provide staff support for traffic control and security, barricading and fire
inspection services.
8.K. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards for
the period March 5, 2012 through March 16, 2012.
8.L. AWARD OF BIDS AND CONTRACTS:
1. Purchase award to multiple vendors in the amount of $292,104.00
for thirteen (13) replacement vehicles; additional awards going to
Emergency Vehicle Supply in the amount of $26,507.00 for the
installation of police lighting and equipment in four (4) Police
Department vehicles and to Knapheide Equipment in the amount
of $18,570.00 for three (3) truck utility bodies and equipment.
Funding is available from 501- 3312 -591 -64.20 (Garage Fund:
Machinery/ Equipment/ Automotive).
Mr. Frankel moved to approve the Consent Agenda, seconded by Mrs.
Gray. Upon roll call the Commission voted as follows: Mayor McDuffie — Yes; Mr.
Carney — Yes; Dr. Alperin — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion
passed with a 5 to 0 vote.
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9. REGULAR AGENDA:
9.A. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD
ACTION: DELRAY INN, INC.: Consider an appeal of the Site Plan Review and
Appearance Board's decision regarding the Class III site plan modification request and
landscape plan for Delray Inn, Inc., located at 297 N.E. 61h Avenue. (Quasi - Judicial
Hearing)
Mr. Carney moved to postpone Item 9.A. to April 3, 2012, seconded by
Mr. Frankel. Upon roll call the Commission voted as follows: Mayor McDuffie — Yes;
Mr. Carney — Yes; Dr. Alperin — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion
passed with a 5 to 0 vote.
9.11. WAIVER REQUESTS /22 N.E. 5T11 STREET: Consider approval of two
(2) waiver requests to Land Development Regulations (LDR) Section 4.5.1(E)(3)(a)l.c.,
"Fences and Walls ", to permit a fence measuring 6' in height within the front setback and
Land Development Regulations (LDR) Section 4.6.14(B), "Sight Visibility Triangle
Measurements ", to reduce the sight visibility triangle at the intersection of the driveway
with the right -of -way to 6'x6' on the east side and 10'x8' on the west side where a
10'x10' sight visibility triangle is required for the property located at for 22 N.E. 5th
Street. (Quasi- Judicial Hearing)
Mayor McDuffie 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.
Paul Dorling, AICP, Director of Planning and Zoning, entered the
Planning and Zoning Department project file #2012 -073 into the record.
Mr. Dorling stated this item is for two waiver requests associated with two
fences on property located at 22 N.E. 5th Street in Del -Ida Park Historic District. The
first waiver is to permit a fence measuring 6 feet in height to be installed along the side
property line within 15 feet of the front property line. A maximum of 4 feet is permitted
within the first 30 feet within the front setback line. Mr. Dorling stated this is currently a
6 foot fence and will be reduced to a 4 foot high fence 15 feet back from the front
property line. The second waiver is to reduce the site visibility triangle at the intersection
of the driveway and the street. He stated it is required to be 10 feet by 10 feet and the
reduction would go to 10 feet by 8 feet on the west side and 6 feet by 6 feet on the east
side. These two waivers were considered by the Historic Preservation Board (HPB) as
part of a Certificate of Appropriateness (COA) that included the installation of fences and
new landscaping in the front yard. Mr. Dorling stated the required findings under LDR
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Section 2.4.7(B)(5) are made in the staff report. The applicant has requested these
waivers for the 15 foot encroachment is to provide privacy and the 6 foot high fence 15
feet back from the property line will provide privacy from his adjacent property owners
and the site visibility is slightly reduced at this intersection. Staff believes given the
lower volumes of traffic in the neighborhood that this can be supported. Staff supports
both waivers at this time.
Robert O'Neill, 22 N.E. 5th Street, Delray Beach, FL 33444, urged the
Commission to support these waivers and believes the fence has enhanced the property in
the neighborhood. Mr. O'Neill stated there is plenty of visibility which has been
reviewed by the Historic Preservation Board.
Mayor MCDuffle 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 was no cross examination or rebuttal.
Dr. Alperin asked what activities are in the neighbor's yard that the
applicant needs to fence higher. Mr. O'Neill stated these properties are 50 feet wide and
at some point in time the original format had a carport and it was filled in and his
neighbor extended his driveway to his property line. Mr. O'Neill stated if you do not
have any shielding from the neighbor based on his extension of his driveway the car is in
your living room and it is very consistent with the neighbors two and three doors down.
Mr. O'Neill expressed concern over the property line and the fact that his neighbor did
things with his property that would not be approved now. Dr. Alperin asked how far
back the house is set in the front. Mr. Dorling stated the house is set back 30 feet and the
fence would extend 6 feet high 15 feet from the house and then it would drop to 4 feet to
the street.
The City Attorney briefly reviewed the Board Order with the Commission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
Mrs. Gray moved to adopt the Board Order, 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.
9.C. RESOLUTION NO. 18 -12 /CHARTER REVISION COMMITTEE:
Consider a resolution to establish a Charter Revision Committee for the sole purpose of
reviewing the City's Charter and formulating recommendations to the City Commission.
The caption of Resolution No. 18-12 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA,
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ESTABLISHING A CHARTER REVISION
COMMITTEE FOR THE SOLE PURPOSE OF
REVIEWING THE CITY'S CHARTER AND
FORMULATING RECOMMENDATIONS TO THE
CITY COMMISSION.
(The official copy of Resolution No. 18 -12 is on file in the City Clerk's
office.)
The City Attorney stated this is a resolution that sets forth the requirements
for the Charter Revision Committee and it would be an eleven (11) member committee. He
stated each Commissioner and the Mayor would appoint two members with the Mayor
appointing a third as the Chair of the Committee. The City Attorney stated it would go ahead
and sunset September 1". However, the City Attorney stated if it needs to extend for a longer
period of time it could be extended by grant from the Commission.
Dr. Alperin moved to approve Resolution No. 18 -12, 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.
9.D. APPOINTMENTS TO THE AFFORDABLE HOUSING ADVISORY
COMMITTEE: Appoint five (5) regular members to serve terms ending July 31, 2012
and four (4) regular members to serve terms ending July 31, 2013 to the Affordable
Housing Advisory Committee. Based upon the rotation system, Commissioner Alperin
(Seat #2), Commissioner Frankel (Seat #3), Commissioner Gray (Seat #4) and Mayor
McDuffie (Seat #5) will each make two (2) appointments; Commissioner Carney (Seat
#1) will make one (1) appointment.
Dr. Alperin moved to appoint Regina Hands to the Affordable Housing
Advisory Committee to serve an unexpired term ending July 31, 2013, seconded by Mr.
Frankel. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray
— Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Dr. Alperin — Yes. Said motion
passed with a 5 to 0 vote.
Mr. Frankel moved to appoint Mike Williams to the Affordable Housing
Advisory Committee to serve an unexpired term ending July 31, 2013, seconded by Mrs.
Gray. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor
McDuffie — Yes; Mr. Carney — Yes; Dr. Alperin — Yes; Mr. Frankel — Yes. Said motion
passed with a 5 to 0 vote.
Mrs. Gray moved to reappoint Carmelita Smith to the Affordable Housing
Advisory Committee to serve an unexpired term ending July 31, 2013, seconded by Mr.
Frankel. Upon roll call the Commission voted as follows: Mayor McDuffie — Yes; Mr.
Carney — Yes; Dr. Alperin — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion
passed with a 5 to 0 vote.
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Mayor McDuffie stated he would like to reappoint Perry Rohan to the
Affordable Housing Committee to serve an unexpired term ending July 31, 2013. Dr.
Alperin so moved, 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.
Mr. Carney moved to reappoint Evelyn Dobson to the Affordable Housing
Committee to serve an unexpired term ending July 31, 2012, seconded by Dr. Alperin.
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.
Dr. Alperin moved to reappoint Alberta McCarthy to the Affordable
Housing Committee to serve an unexpired term ending July 31, 2012, 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.
Mr. Frankel moved to appoint Clifford Durden to the Affordable Housing
Committee to serve an unexpired term ending July 31, 2012, seconded by Mrs. Gray.
Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor McDuffie —
Yes; Mr. Carney — Yes; Dr. Alperin — Yes; Mr. Frankel — Yes. Said motion passed with
a 5 to 0 vote.
Mrs. Gray moved to appoint Colson Zulmar to the Affordable Housing
Committee to serve an unexpired term ending July 31, 2012, seconded by Mr. Frankel.
Upon roll call the Commission voted as follows: Mayor McDuffie — Yes; Mr. Carney —
Yes; Dr. Alperin — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a
5 to 0 vote.
Mayor McDuffie stated he would like to appoint Susan Sims to the
Affordable Housing Committee to serve an unexpired term ending July 31, 2012. Mr.
Carney so moved, seconded by Dr. Alperin. Upon roll call the Commission voted as
follows: Mr. Carney — Yes; Dr. Alperin — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes;
Mayor McDuffie — Yes. Said motion passed with a 5 to 0 vote.
9.E. APPOINTMENT TO THE NEIGHBORHOOD ADVISORY
COUNCIL: Appoint one (1) regular member from Zone 2 to serve an unexpired term
ending July 31, 2014 to the Neighborhood Advisory Council. Based on the rotation
system, the appointment will be made by Commissioner Gray (Seat #4).
Mrs. Gray stated she would like to defer her appointment to the next
regular meeting of April 3, 2012.
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9.F. 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 move to appoint Daniel Bellante to the Public Art Advisory
Board as a regular member to serve an unexpired term ending July 31, 2013, seconded by
Mr. Frankel. Upon roll call the Commission voted as follows: Said motion passed with
a 5 to 0 vote.
9.G. APPOINTMENT TO THE FINANCIAL REVIEW BOARD: Appoint
one (1) regular member to the Financial Review Board to serve an unexpired term ending
July 31, 2012. Based upon the rotation system, the appointment will be made by
Commissioner Carney (Seat #1).
Mr. Carney moved to appoint Brian Anderson to the Financial Review
Board (FRB) as a regular member to serve an unexpired term ending July 31, 2012,
seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel —
Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Dr. Alperin — Yes.
Said motion passed with a 5 to 0 vote.
9.H. APPOINTMENTS TO THE CHARTER REVIEW COMMITTEE:
Appoint eleven (11) members to the Charter Review Committee. Based upon the rotation
system, the appointments will begin with Commissioner Carney (Seat #1),
Commissioner Alperin (Seat 42), Commissioner Frankel (Seat #3), Commissioner Gray
(Seat #4) and Mayor McDuffie (Seat #5), with the Mayor also appointing a Chairperson.
(ADDENDUM
The City Attorney stated on one of the appointments there is a name of a
current Commissioner on the list and knows that his term will be up very soon; however,
he stated the problem is that if that person is appointed tonight that could be an issue and
suggested that this appointment wait until the meeting of April 3, 2012 meeting after
March 29, 2012.
Mr. Carney moved to appoint Gary Eliopoulos and Deborah Dowd to
serve on the Charter Review Committee, seconded by Dr. Alperin. 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.
Dr. Alperin moved to appoint David Schmidt and Kimberly Camejo to the
Charter Review Committee, seconded by Mr. Carney. Upon roll call the Commission
voted as follows: Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Dr.
Alperin — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote.
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Mr. Frankel moved to appoint Scott Porten and Brian Cheslack to the
Charter Review Committee, seconded by Mr. Carney. 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.
Mrs. Gray moved to appoint Alberta McCarthy and Brenda Durden to the
Charter Review Committee, 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.
Mayor McDuffie stated he wished to appoint Doak Campbell and Michael
Malone to the Charter Review Committee. Mr. Carney so moved, 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.
Mayor McDuffie stated he will defer appointing a Chairperson until the
regular meeting of April 3, 2012.
At this point, the time being 6:29 p.m., the Commission moved to Item
12, First Readings.
12. FIRST READINGS:
12.A. ORDINANCE NO. 09 -12: Consider a city - initiated amendment to Land
Development Regulations (LDR) Appendix "A ", "Definitions ", to expand the definition
of "Restaurant (Bona Fide) ", to clarify required operations and components for restaurant
uses. If passed, a public hearing will be held on April 3, 2012.
office.)
The caption of Ordinance No. 09 -12 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES BY
AMENDING APPENDIX "A ", "DEFINITIONS", TO
EXPAND THE DEFINITION OF "RESTAURANT
(BONA FIDE)" TO CLARIFY REQUIRED
OPERATIONS AND COMPONENTS FOR
RESTAURANT USES, PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 09 -12 is on file in the City Clerk's
The City Attorney read the caption of the ordinance.
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Paul Dorling, A1CP, Director of Planning and Zoning, stated this is a city -
initiated amendment to the LDRs to expand the definition of restaurant. Mr. Dorling
stated this has become necessary because some establishments in the downtown area that
were approved as restaurants have transformed into stand -alone bars and night clubs after
a certain hour of the evening. He stated when this occurs it is in violation because they
either have not been approved as a stand -alone bar or they have failed to satisfy the
requirements of a restaurant identified in the LDRs. Mr. Darling stated staff suggests that
the current definition of restaurant be expanded this will add language that requires that
all tables, chairs, counter areas are to remain available during for full course meal service
during all hours of operation. Mr. Dorling stated the definition also includes that stand-
alone bar facilities serving food do not qualify as a bona fide restaurant. He stated it also
strengthens the definition by requiring that service of full course meals must be available
to all times that alcoholic beverages are being served on the premises.
At its meeting of March 7, 2012, the Pineapple Grove Main Street
Committee reviewed the item and recommended approval subject to adding language that
would allow restaurants to move some tables to provide space for entertainment venues
(i.e. band, music, etc.). Mr. Dorling stated staff did not include that in the ordinance and
is better left to the purview of the Code Enforcement Officers. He stated if a table or two
gets move that is one thing; however, if an entire dining room is moved to make way for
a dance floor which is occurring in the downtown then that is a different story. Mr.
Dorling stated it becomes problematic to allow movement of one or two tables and
suggested that the Commission to not allow movement of them and allow minimal
flexibility.
At its meeting of February 27, 2012, the Planning and Zoning Board
reviewed the item and recommended approval with a 4 to 0 vote; at its meeting of
February 23, 2012, the Community Redevelopment Agency (CRA) recommended denial
and did not think there was any reason to not allow restaurants to turn into stand -alone
bars after a certain hour; at its meeting of February 13, 2012, the Downtown
Development Authority (DDA) recommended approval and they requested that
additional language be added that the kitchen staff needed to be on site at all times to
address an issue that is occurring in a couple restaurants where they cater food from an
adjacent facility and meet the definition of restaurant. Mr. Dorling stated staff can add
this language to the ordinance if the Commission desires to do so.
Dr. Alperin stated staff mentioned
from adjacent facilities and believes that he read
have their own menu in full service until closing.
menu and can pick from food that is catered in
definition of restaurant.
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that restaurants have brought food in
that there was a requirement that they
Mr. Dorling stated you could have a
and does not see that in the current
03/20/12
Mr. Carney stated he believes there should be a standard and asked if this
would require that the restaurants stay fully open until 1:00 a.m. Mr. Dorling stated if
they are a restaurant they are required to be a restaurant full hours of operation and if they
are a stand -alone bar and approved as a stand -alone bar they can be open until 2:00 a.m.
and either serve meals or not serve meals. Mr. Carney
Mrs. Gray stated she believes that a restaurant should be a restaurant and a
bar should be a bar.
Mr. Frankel stated this is targeting the restaurants and asked for the
definition of a full course meal. Mr. Dorling stated a full course meal is defined as "shall
include a salad, vegetable, entree, and desert. Mr. Dorling stated if you serve alcohol
only you are considered a bar and if you serve full service meals you are a restaurant and
you can be a restaurant and serve alcohol regardless of the hours of operation. Mr.
Dorling stated this amendment is adding a few lines as it relates to a full conversion of a
restaurant by moving out all the tables and becoming a dance floor and eliminating the
menu.
Mayor McDuffze stated some people having taken advantage and
hopefully what has been crafted here will control that. He stated he does not think it will
hurt the other restaurants but there are some people that have taken advantage of the
city's leniency and changed themselves in the middle of the night.
Mr. Carney stated the restaurants have to stay open until at least one hour
prior to closing because it allows the kitchen to close earlier than the business itself
within a reasonable time. Mr. Dorling stated staff can craft something for second
reading.
Mr. Frankel stated if you make the kitchen stay open until 1:45 am. then
they will not get out until 3:00 or 4:00 am. because they have to clean up and put things
away.
Dr. Alperin stated if a restaurant is open until midnight then they should
be serving food until midnight and he does not want to see a bar after bar in the
downtown because he does not feel this is conducive to a family town that we want to be
known for.
Mrs. Gray concurred with Dr. Alperin that a restaurant should serve food
until the time the restaurant is open to and does not feel there should be a time limit on a
restaurant.
Mayor McDuffie stated there is a municipality to the north of us that has
suffered gravely over this and he feels it is an appropriate control.
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Mr. Carney moved to approve Ordinance No. 09 -12 on FIRST Reading,
seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel —
No; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Dr. Alperin — Yes.
Said motion passed with a 4 to 1 vote, Commissioner Frankel dissenting.
12.B. ORDINANCE NO. 10 -12: Consider a city - initiated amendment to the
Land Development Regulations (LDR) Appendix "A ", "Definitions ", to provide a
definition of "Delicatessen", Section 4.6.9, "Off- Street Parking Regulations ", and Article
6.3, "Use and Work in the Public Right of Way ", Subsection 6.3.3, "Sidewalk Cafe ", to
provide a definition, clarify required parking, and to clarify the characteristics of a
Delicatessen. If passed, a public hearing will be held on April 3, 2012.
office.)
The caption of Ordinance No. 09 -12 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES, BY
AMENDING APPENDIX "A ", "DEFINITIONS" BY
ENACTING A NEW DEFINITION OF
"DELICATESSEN"; BY AMENDING 4.6.9,
"OFFSTREET PARKING REGULATIONS ",
SUBSECTION (C)(3)(D), "RESTAURANTS'; AND
SECTION 6.3.3(F), "REGULATIONS GOVERNING
THE USE, DESIGN, AND MAINTENANCE OF A
SIDEWALK CAFE", TO CLARIFY PARKING
REQUIREMENTS AND SIDEWALK CAFE
COMPONENTS FOR DELICATESSENS AND SIMILAR
USES; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(Tbe official copy of Ordinance No. 09 -12 is on file in the City Clerk's
The City Attorney read the caption of ordinance.
Paul Dorling, AICP, stated this is a city - initiated amendment to the LDRs
to clarify parking requirements for delicatessens and similar uses, to identify how
sidewalk cafe components can be utilized for these uses, and to provide a new definition
for delicatessen. Mr. Dorling stated the modifications also clarify that sidewalk cafes that
are established and can be established in association with take -out facilities and are
assessed a general commercial parking requirement. He stated there is an additional
reference in the ordinance that clarifies where sidewalk caf6s are allowed in public space.
Mr. Dorling stated at a recent meeting someone was arguing that public space as written
meant a parking lot landscape island and this ordinance provides clarification to clarify
the original intent which was to allow it in situations where public space is in front of the
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business like Worthing Park. He stated take -out uses are allowed for sidewalk cafes and
restricted to take -out. Mr. Dorling stated there is additional clarification that if you have
a sidewalk cafe for a take -out facility you cannot provide waiter service to that. If you
provide waiter service to it you are a kin to restaurant and should be providing parking
associated with it.
At its meeting of March 7, 2012, the Pineapple Grove Main Street
Committee reviewed the item and recommended approval; at its meeting of February 27,
2012, the Planning and Zoning Board reviewed the item and recommended approval with
a 4 to 0 vote; at its meeting of February 23, 2012, the Community Redevelopment
Agency (CRA) considered the item and recommended approval; at its meeting of
February 13, 2012, the Downtown Development Authority (DDA) also recommended
approval and they asked for some additional reference that a deli served and sold
packaged food that was take -out with utensils staff felt that the current definition was
adequate. Staff recommends approval.
Mr. Frankel questioned the definition of the word "delicatessen ". Mr.
Dorling stated if you are a deli and you have inside seating you are assessed a restaurant
parking requirement. Mr. Frankel stated he does not feel that delicatessen is the right
description.
Mrs. Gray moved to approve Ordinance No. 10 -12 on FIRST Reading,
seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mrs. Gray —
Yes; Mayor McDuff e — Yes; Mr. Carney — Yes; Dr. Alperin — Yes; Mr. Frankel — Yes.
Said motion passed with a 5 to 0 vote.
At this point, the time being 6:55 p.m., the Commission moved to Item
11, City Manager's response to prior public comments and inquiries.
11.A. City Manager's response to prior public comments and inquiries.
The City Manager had no response to prior public comments and
inquiries.
13. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS.
13.A. City Manager
The City Manager stated Randal Krejcarek has been appointed to the
Bicycle Greenways Pedestrian Advisory Committee of the Metropolitan Planning
Organization (MPO).
Secondly, the City Manager stated Commissioner Carney had inquired
about enforcement of the transient housing ordinance and landlord permits and expressed
concern whether we had sufficient leverage to collect the fines. Staff has developed a
very detailed system to keep track of fines and liens and we have been diligent in
pursuing monies owed to the City which the Code Enforcement Board can attest to. The
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City Manager stated the Commission of Appointees to the Board have been instrumental
with collection of liens owed to the City and the Code Enforcement Board process has
been effective for the City and remains a very efficient manner in which to enforce our
ordinances. He stated the threat of fines up to $250.00 per day is a significant deterrent
in most cases.
With regard to Commissioner Gray's concerns about having a meeting
with Code Enforcement regarding noise issues, the City Manager stated this has been
scheduled for April 2, 2012 at 10:00 am. at the Delray Beach Library.
Lastly, the City Manager stated several people mentioned the delay in
finishing the South Federal Highway Plan and that in part has been a casualty of the
economy. The City Manager stated there are frozen positions in the Planning and Zoning
Department and had those been filled they would have gotten it done sooner.
13.C. City Commission
13.C.1. Mr. Frankel
Mr. Frankel commented about the Police Volunteer Banquet today and
stated there were over 400 police volunteers honored.
Mayor McDuffie stated the police volunteers put in tens of thousands of
hours a year which is a savings of well into the millions of dollars.
At this point, the time being 7:00 p.m., the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
10. PUBLIC HEARINGS:
10.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 limit the maximum FAR to 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. (Quasi - Judicial Hearing)
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,
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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 201211; 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
office.)
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Paul Dorling, AICP, Director of Planning and Zoning, entered the
Planning and Zoning Department project file #2012 -58 and #2012 -59 into the record.
Mr. Dorling stated this is a privately initiated sponsored Future Land Use
Map Amendment from Transitional (TRN) to General Commercial (GC) and a related
rezoning from POC (Planned Office Center) to PC (Planned Commercial) and a text
amendment to the description of the General Commercial category in the Comprehensive
Plan to identify a maximum development FAR (Floor Area Ratio) for a 9.95 acre parcel
located at the S.E. corner of Linton Boulevard and Federal Highway (1801 and 1845
South Federal Highway) known as Delray Place. Mr. Dorling stated there are currently
three office buildings on the site and the site has been recently purchased from the bank
and the new owner is the current applicant.
At its meeting of February 27, 2012, this item was considered by Planning
and Zoning Board and after brief discussion the Board recommended denial. Mr. Dorling
stated the Board's discussion revolved around issues that are more appropriately dealt at
a later stage during the site plan process. He stated there were concerns about
compatibility and buffering. Mr. Dorling stated the required findings are made in the
attached Planning and Zoning staff report. Staff recommends approval. Mr. Dorling
stated the City Commission considered this at first reading and one of the Commissioners
suggested that the applicant get with the residents and that meeting did occur on March
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15, 2012 in which the developer sat down with Board members of Tropic Isles and had
an 1 -1 V2 discussion. Staff was present to provide support and information to both sides.
Mr. Dorling stated the plan that is scheduled to be brought before the community in mid -
April will suggest some changes to the parcels. Mr. Dorling stated as the proposed
private initiation is consistent with what staff will bring forward staff believes it is
appropriate to entertain it at this time. Staff recommends approval of this rezoning, land
use, and text amendment.
Mike Covelli, Certified Land Planner, introduced the owner of Retail
Property Group and stated he is the new purchaser of the property. Mr. Covelli stated
Retail Property Group has built, owns, and manages over one million square feet of
property in the South Florida area. He stated the application and documents that were
reviewed have all been filed per the LDR requirements and they have all been found to be
in compliance with the requirements and positive findings in the staff report can be
found. The request is to take this piece of property and change it from an office
designation to a commercial designation in terms of land use and the zoning. Mr. Covelli
briefly reviewed the review process to get to this point and beyond. Mr. Covelli urged
the Commission to support.
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.
Kelli Freeman, President of the Tropic Isle Civic Association,
speaking on behalf of the Board of Directors of the Association representing the 400
plus single family waterfront homes in Tropic Isle, stated neither she nor the
association is opposed to developing South Federal Highway. Ms. Freeman stated the
South Federal Highway Redevelopment Plan that was to have been a priority in 2007
according to the Commission's Goal Setting Session has yet to be completed. She stated
in a letter dated September 28, 2010 after the Wal -Mart had withdrawn the request for
rezoning Mr. Kemp, President of Tropic Bay and she wrote to the Commission asking
that the South Federal Highway Redevelopment Plan be completed and that they insist in
having the former Ralph Buick cleaned up. She stated neither of these has occurred. Ms.
Freeman stated the idea of General Commercial immediately adjacent to a residential
single family community is not what the residents want. Ms. Freeman read a brief
statement into the record and stated this is about the zoning and being immediately
adjacent to a single family community. She urged the Commission to not approve this
until the South Federal Highway Redevelopment Plan has been finalized.
Fred Fetzer, 932 Evergreen Drive, Delray Beach, FL 33483, stated in
2007 in the Strategic Planning Sessions the City Commission made a priority of doing a
redevelopment plan of South Federal Highway. Mr. Fetzer stated they need a plan that
protects the neighborhood and he has been a resident of Tropic Isle for 30 years and loves
it. He urged the City Commission to turn down this application because they do not feel
that there has been adequate planning that has been done. Mr. Fetzer stated they need
adequate buffers between the single family area and the commercial development around
Tropic Isle.
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Christina Morrison, 2809 Florida Boulevard Apt. #207, Delray Beach,
FL 33483 (Commercial Realtor by Trade, Commercial Real Property Consultant,
and a resident of Tropic Isle), distributed aerial photos to the Commission and stated
this is not a compatible use and this commercial zone is not suitable to be backed up to a
luxury residential neighborhood. Ms. Morrison urged the Commission to deny this
commercial use.
Gerry Franciosa, 939 Eve Street, Delray Beach, FL 33483 (speaking
as a member of the Planninz and Zoning Board an stated he lives in Tropic Isle),
stated the City Manager had some comments at first reading and Paul Dorling had some
things to say about what the Planning and Zoning Board's thoughts were when they
talked about this and that they were specifically talking about the site plan review of this
property. Mr. Franciosa stated the Board did not get the answers about what they wanted
to know from Planning and Zoning. Mr. Franciosa stated Mark McDonnell, Assistant
Planning Director, made the presentation to the Planning and Zoning Board but Paul
Dorling is present this evening. He stated this property sits directly on top of a single
family residential neighborhood and this Commission has been headstrong about
protecting the stabilization of single family homes. Mr. Franciosa stated if the property is
changed from Planned Office (PO) to PC (Planned Commercial) or GC (General
Commercial) it is going to raise the value of that land. Mr. Franciosa stated he is on the
Planning and Zoning Board is to make sure that whatever goes on that property is going
to be convenient for everybody that is associated with that property. He stated they
should have received prior warning that this was going to be controversial and feels that
when there is a Board decision to deny something like this the minutes should be
available to read as part of the package. Mr. Franciosa stated he received the package
three days before the meeting and when he read the package he had a lot of notes. He
stated when he got to the meeting Mark McDonnell started reading from his staff report
but it turns out that Mr. Franciosa was given a whole new package. Mr. Franciosa stated
no one could tell him what changes were there between that package and the one he had
he did not know.
Terry Persily, 2829 Florida Boulevard #402, Delray Beach, FL 33483
(Tropic Bay Board member), stated he graduated 45 years from Colgate University and
majored in geography and you take classes in urban planning. Mr. Persily stated he
graduated with interesting ideas about how cities should be organized and planned for
and he never saw one of those cities. He stated he came to Delray Beach and this is a
place that the current Commission and their predecessors had actually laid plans for since
approximately 1989 and they worked. Mr. Persily stated Delray Beach is the envy of a
lot of South Florida cities. He stated accordingly to comments expressed by some of the
prior speakers this evening, this particular corridor is being neglected in the Plan. Mr.
Persily stated now we are taking this section of property and deciding to change the
zoning. Mr. Persily urged the Commission to do the Plan first and stay with tradition
because it is what Delray Beach is all about.
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John Koenig, 956 Evergreen Drive, Delray Beach, FL 33483 (resident
since 1999), stated he served on the original Green Task Force and expressed concern
about the revitalization especially of South Federal Highway. Mr. Koenig stated the
biggest issue we have here tonight is after hearing both sides is time. He stated according
to the South Florida Business Journal South Palm Beach County has one of the highest
vacancy rates for business buildings in South Florida. Mr. Koenig stated if the
Commission denies will the property owners bring in tenants that are undesirable. He
stated from a tax standpoint, the property is going to be devalued and therefore less
property tax will be paid on that property. Mr. Koenig stated the Future Land Use Map
speaks for itself and he understands there are all these checks and balances in place with
Site Plan approval, building and appearance and compatibility that projects Tropic Isle so
that an undesirable type situation does not happen. Mr. Koenig urged the Commission to
approve this and let the checks and balances control the situation so that the City can
move forward and get these eyesores taken case of on South Federal Highway.
Richard Van Gemert, 912 Eve Street, Delray Beach, FL 33483 (Tropic
Isle read a brief statement into the record and stated when this community was
developed many years ago the predecessors set the zoning for the community. Mr. Van
Gernert stated they had the wisdom to realize that adjoining properties with different
zoning could be a problem so they provided buffers between business and residential
neighborhoods. Mr. Van Gernert stated they saw fit to put in place zoning which they
knew would protect the adjoining properties from the intrusion of one upon the other.
Mr. Van Gernert stated his property is less than 100 feet from the property in question
and directly across the street. He stated the property in question is currently used as
offices, banks, and businesses of a like nature and a change of that property to GC
(General Commercial) zoning could provide for any number of businesses including but
not limited to stores, restaurants, bars, nightclubs, big box stores, etc. He stated our
ancestors protected their neighborhood by making the zoning of that property POC
(Planned Office Commercial) to protect the residential neighbors from the intrusion and
abuse that could come from a more lenient GC (General Commercial) rezoning. Mr. Van
Gernert urged the Commission to vote "no" to any change to this zoning. He stated to
change this zoning would be very detrimental to their neighborhood and urged the
Commission to vote "no" to any change to this zoning.
Baron Dewer, 919 Hyacinth Drive, Delray Beach, FL 33483 (Tropic
jge l stated he and his wife moved here 11 years after being snowbirds 20 -25 years and
they chose Delray Beach because of Atlantic Avenue and the feeling of village- by -the-
sea. He stated they feel as if they are under siege and the Commission is their defenders.
Mr. Degner stated the homeowners of Tropic Isle are not saying "no" to development but
are saying "no" to uncontrolled development. He stated they are still awaiting the Master
Plan for Federal Highway.
Jayne King, 3400 Place Valencay, Delray Beach, FL 33445
(representing the Delray Citizens Coalition as a Director, stated she the Coalition
met and recommended that the Commission deny the rezoning of this parcel until the
South Federal Highway Redevelopment Plan is finished.
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There being no one from the public who wished to address the
Commission regarding Ordinance No. 05 -12, the public hearing was closed.
There was no cross examination from Mr. Dorling.
Mr. Covelli stated if the Overlay District is approved then what's next. He
stated there are going to be buffers in the Overlay District and the Commission is going
to make a determination of the specific use in the Overlay District and they relied on
staff s recommendation in order to put this application together. Mr. Covelli stated even
with the Overlay you are still going to have all of the site plan issues and he does not see
how waiting for the Overlay District is going to change anything other than it is going to
be another layer of restriction that is going to come as a result of a lot of discussion. He
stated the Plan is on the website. Mr. Covelli urged the Commission to look at the
Overlay District for the recommendation that is being made today and have them
incorporate that information in their site plan and allow them to move forward with the
zoning and land use on this so that they can continue moving forward.
Dr. Alperin thanked the property owner for following the request in
meeting with the neighborhood. He asked if under Transitional land use if SAD zoning is
available. Mr. Dorling stated he believes the SAD zoning district is compatible with all
land uses in the Comprehensive Plan. Dr. Alperin clarified that if the applicant can come
back under Transitional (TRN) the present land use with an SAD zoning that will
demonstrate exactly what the property will look like and what uses will be in there. Mr.
Dorling stated that this is correct and noted that staff does not see a lot of SAD's. Mr.
Dorling stated from a planning perspective it is not an appropriate tool and is one of those
zoning districts which were a reactionary district created a long time ago to deal with
certain issues. He stated you do not deal with site plan issues at the zoning or land use
stage. Dr. Alperin stated this might be an opportunity to utilize an SAD zoning to satisfy
at the same time the property owner. Therefore, Dr. Alperin recommends that this be
considered otherwise he cannot support this as it is.
Mr. Carney stated he would never use the lack of having a plan as a delay.
He stated the concept of having any type of Master Plan gives the opportunity for
everybody to weigh in and decide what the impact of each of the parcels along that
overlay would be. Mr. Carney stated it has been a long time in the wings to come and
noted he has seen it on the website. He stated this is a unique location in that it abuts
pretty substantial residential neighborhood in terms of number of houses. Mr. Carney
concurs with comments expressed by Dr. Alperin and stated he will not support tonight.
Mrs. Gray stated she attended both meetings last June /July and heard from
both the business owners and residents. She stated this city has been built and continues
to be built on the Master Plan and the Northwest/Southwest Plan and now the Congress
Avenue Corridor Plan. Mrs. Gray stated it is fitting to look at a plan for the South
Federal Highway Corridor. She concurs with comments expressed by Dr. Alperin and
suggested that the Commission deny this ordinance.
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Mr. Frankel thanked everyone for coming attending this evening. He
expressed concern with the minutes of the Planning and Zoning Board meeting not being
prepared especially when it is denied with a 5 to 0 vote and would like to know why these
minutes were not made available. In addition, Mr. Frankel stated he also has an issue
with the fact that there was a new report provided to the Planning and Zoning Board right
on the spot especially when you are looking at one of the busiest and most attractive
corners of the city it should have been done. Mr. Frankel made reference to the staff
report from the meeting of February 27, 2010 regarding the Delray Place rezoning and in
preparation for tonight as well as hearing the comments from the applicant, residents and
staff there are a few things that stood out to him. Mr. Frankel stated Future Land Use
Element Objective A -1 which states that "property shall be developed or redeveloped in a
manner so that the future use is complimentary to adjacent land uses and those remaining
land use needs. Compatibility with adjacent uses will be considered during the Site Plan
Review process and the requested rezoning of POC (Professional Office Center) to PC
(Planned Commercial) are not anticipated to negatively impact the existing land use in
the area. Mr. Frankel stated he did not hear any substantial evidence that could make him
agree with that position. Mr. Frankel made further reference to Section (3)(2)(2)
standards for rezoning Standard D which is the applicable sections requires that rezoning
shall result in allowing land uses which are deemed compatible with adjacent and nearby
land. He stated in Section 2.4.5(D)(5)(b) that there has been a change in circumstances
which makes the current zoning inappropriate and (c) that the required zoning is of
similar intensity as allowed under the Future Land Use Map and that it is more
appropriate for the property based upon circumstances particular to the site plan or
neighborhood. Mr. Frankel stated he did not hear anything addressing a change in
circumstance and the Future Land Use Map is coming in a month or two; and it goes
against a single family neighborhood. Mr. Frankel stated based on the LDRs and the
staff report he cannot support the ordinance as written.
Mr. Dorling stated the change in the report that was eluded to was the
cover sheet had a zoning classification that was changed and the report was the same one
that had been handed out in preparation for each and every member.
Mayor McDuffie stated he sat in two meetings when the Commission
talked about what was acceptable and what wasn't. He stated in the business world he
lived in for many years there was a tremendous value to time. Mayor McDuffie stated
tenants that are available today are not available tomorrow. He stated we have been
talking in the community about bringing new business to the City of Delray Beach.
Mayor McDuffie stated there was discussion about increasing commercial property in the
community and rezoned restaurants to require more parking and less parking for retail
because of the dramatic desire to bring retail to the community. Mayor McDuffie stated
the City has been working diligently with new people on developing the Congress
Avenue Corridor. He stated he saw this piece as filling retail requirements that everyone
has been asking for. Mayor McDuffie stated they do not get people approaching the City
to buy our property and to build retail establishments or other things the City has been
desirous of to take the community to the point where real estate taxes are not the total
burden of residential property owners. Mayor McDuffie stated he has lived in Delray
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Beach his entire life and this has been a blighted corner most of that time. Mayor
McDuffie stated he supports this ordinance.
Mr. Covelli commented about the SAD zoning and stated he would like
the opportunity to pursue this with staff to see if it is an alternative.
Dr. Alperin stated the transitional that Mr. Covelli already allows SAD.
Mr. Dorling stated he has to check the LDRs because there is a prohibition
that if you seek a zoning change and you are denied you are not allowed to come back
with a zoning change for six months. Mr. Dorling stated the land use is transitional and
this would be a zoning change. He stated it may be that you cannot come back with the
same zoning request and is not sure if it would allow a different zoning but he will look
into this.
The City Attorney stated if the Commission decides to table or postpone it
he would advise the Commission to postpone it to a date certain because it was an
advertised public hearing.
Mr. Dorling stated with regard to limitations on rezonings the LDRs state
that "whenever the City Commission has denied an application for a change in zoning
designation on property the City shall not thereafter (a) consider any further application
of the same zoning change for any part or all of the same property for a period of 12
months from date of action and (b) consider an application for any other kind of zoning
on any part of the same property for a period of six months."
The City Attorney asked if the current application before the Commission
initiated by the applicant. Mr. Dorling stated this is correct and an SAD zoning
requirement also requires a submittal of a detailed site plan and that needs to be factored
in time wise. The City Attorney stated if the applicant wants to withdraw the ordinance
tonight then there would be no vote on it otherwise the only other option the applicant has
is for the Commission to take a vote on it.
The applicant requested a two week deferral to give them some ideas to
work through to see whether or not they can work within the parameters because they
have a major investment.
Prior to the vote, the City Attorney clarified that the public hearing is
closed and the Commission is continuing Ordinance No. 05 -12 for discussion and stated
there will be no more public comment and the public hearing is closed.
Mr. Carney moved to postpone Ordinance No. 05 -12 to a date certain of
April 3, 2012, at 7:00 p.m. for the Commission to continue discussion, 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, Commissioner Frankel dissenting.
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10.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.
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
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.
Mayor McDuffie declared the public hearing open.
Paul Dorling, AICP, Director of Planning and Zoning, stated this is a city -
initiated amendment to the Public Art Program portion of the LDRs. He stated the City
Commission established a Public Arts Program on February 1, 2005 via Ordinance No.
77 -04. Mr. Dorling stated that the ordinance suggested that the City set aside 1.5% for
eligible construction costs to be used for various components ' of a Public Arts Program.
He stated recently there has been some consideration during recent budget revisions that
public monies along with other improvement projects were considered for reallocation.
This amendment would clarify that Public Arts Program funds can be utilized for not
only public art programs but for other purposes as otherwise appropriated in the City's
budget.
At its meeting of February 27, 2012, the Planning and Zoning Board
reviewed this item and there were several members of the public that spoke in opposition
and the Board recommended with a 3 to I vote denial of this amendment. Staff
recommends approval.
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Sandy Franciosa, 939 Eve Street, Delray Beach, FL 33483 (member of
the Public Art Advisory Board for the last 2 years), urged the Commission to set aside
an amount for an artistic maintenance and plaques which some of the projects have
already been in place (i.e. bus shelters and Worthing Place plaque). Mrs. Franciosa asked
the Commission to allow a fund request of approximately $12,000.00 to carry the Board
through the next fiscal year.
Debbie Coles - Dobay, Public Art Administrator for the City„ of
Boynton Beach, urged the Commission to rethink the changing of the Public Art
ordinance. Ms. Coles -Dobay stated the City adopted a program that has contributed to
the vibrancy of the City of Delray Beach and the perception that Delray Beach is an art
centric city. She stated this has in turn attracted businesses, corporations and
international visitors to this city. Ms. Coles -Dobay stated Delray Beach has made some
progressive steps recently to hire a Public Art professional to assist in the public art
planning and feels this is a perfect time to lay down the foundation to a vibrant program
that will provide a positive return on the investment. She extended an invitation to the
Commission for a personal tour of the Public Art Program in the City of Boynton Beach.
Rolando Barrero, 707 Lake Avenue North, Delray Beach, FL 33483,
stated he has been watching the video streaming of the last meeting and understands that
the funds have been taken. He asked if the money has already been moved from that
account and what was the purpose of taking the money. Mr. Barrero stated the City is
changing the ordinance after the money has already been taken and spent. He stated he
has worked in non - profits his entire life and know the value of public art. Mr. Barrero
stated he has a gallery, runs a studio, and works alongside many of the people here as an
invited juror for many of the programs here and with other private entities that have arts
organizations here, and sits on a Board for a non - profit. He stated a lot of the money that
has been taken is used for matching grants that otherwise would not be received.
Frank Varga, sculpture artist and one of first pioneers that came to
Delray Beach in 1975, stated if we want to keep our cultural beautification for the city
whatever little funds can be allocated towards the arts should be kept because it brings
beauty to the city and this is what flocks people to Europe and other parts of the world.
Mr. Varga urged the Commission to keep a little bit of money for the arts.
Dana Donaty, 42 Lake Eden Drive, Boynton Beach, FL 33435 (Chair
of the Delray Beach Public Art Advisory Board), stated courtesy notices of this
proposed amendment were given to the Neighborhood Advisory Council (NAC) and the
Alliance of Delray; however, no notice has been given to the Public Art Advisory Board
that there is any pending action that will impact the Public Art Program. Mr. Donaty
stated she attended the Planning and Zoning Board meeting and agrees with their
decision to deny this amendment. She stated she does not agree with staff that this
amendment is consistent with the City's Comprehensive Plan and does not believe this to
be true because the City's and the CRA's Master Plan, Strategic and Cultural Plans, the
City's Comprehensive Plan all place a high value on public art. Ms. Donaty urged the
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03/20/12
Commission to either deny this amendment or postpone this action until the City
Commission has heard the key findings in the report that they commissioned.
Judy Dempsey, public artist and works out of Boynton Beach, stated
she remembers when the city was not prosperous and was getting robbed everyday on
Atlantic Avenue and when the art programs came in the city grew and it brought business
and culture to Atlantic Avenue.
Joseph C. Hushes= 510 Gardenia Terrace, Delray Beach, FL 33444
{retired airline pilot with American airlines after 25 - years), stated he has traveled all
over the world and went back to corporate jets recently. Mr. Hughes asked if anyone has
visited Savannah, Charleston, Boston, Rome, Riyadh, or Shanghai. Mr. Hughes stated
these places are trying to do a great deal of what was done here and he grew up in Delray
Beach and remembers what it looked like 30 years ago and how this program started
coming along and it has done nothing but good for the city. He stated they are trying to
create the feeling that the city has gone after here. Mr. Hughes stated it changes a mood
and it changed the culture and has been a good thing.
There being no one from the public who wished to address the
Commission regarding Ordinance No. 12 -12, the public hearing was closed.
Mr. Frankel stated he was in Austin, Texas in January and they have these
beautiful guitars all over the city and airport. Mr. Frankel made reference to Section
2(B)(1) of the ordinance "The City will appropriate 1.5% of the total eligible construction
costs to be used for artist design services and for the selection, acquisition and display of
artworks, and for the administration of the public art program or as otherwise
appropriated in the City budget." Mr. Frankel stated this is too ambiguous and is a "cash
grab" and not what the Public Art Program was created for.
The City Manager stated every other dollar the City has the City
Commission can take it and use it as they see fit. The City Manager stated this should
not be isolated or treated differently. The City Manager stated you could use the same
argument about numerous capital projects that were cut and noted this is unused money
sitting there and hopes the city can restore it next year. The City Manager stated this
does not end the Public Arts Program. Mr. Frankel stated he was against how the need
arose so he will not support this tonight.
The City Manager stated if the Commission does not support this then
they will need to give him direction where to find another $120,000.00 (approximate).
Mrs. Gray stated she is glad to hear that the Public Arts Program will not
be going away. She stated she believes the City has the right to take the dollars and
spend it where they see appropriate especially when we have deficits. Mrs. Gray stated
she supports leaving some of the dollars in the program so that they can actually get
through this year and hopefully for next year budget back some of these dollars.
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03/20/12
Mr. Carney concurs that there were some anticipated costs that Mrs.
Franciosa brought up. He stated there is nothing in this ordinance that is eliminating the
arts program. Mr. Carney stated the grants matching would have been an interesting
comment had there been any grants actually matched in the last two years. He stated he
has traveled to many of the cities that Mr. Hughes described. Mr. Carney stated he shares
Commissioner Frankel's concern with the language in the ordinance and was actually
looking for ordinance language which would address the issue this year not an overall
program change where the monies would be available as otherwise appropriated in our
budget. Mr. Carney stated he is opposed to this ordinance because of the way it is written
and expressed with the language needing it for every year.
The City Attorney stated staff can change the language in the ordinance to
just address it for this year if the Commission wishes to do so.
Dr. Alperin stated he considers himself an art lover and would never
approve this with the concept of removing the program. He stated through most other
funds that we have that are not required by law that the City cannot touch that the City
moves money around when they need to from various funds. Dr. Alperin stated to have
this one stand out differently is inappropriate and does not feel it should happen
automatically that we remove funds from this every year but feels this would bring it
back in line with other funds. Dr. Alperin stated we still need public art.
Mayor McDuffie stated he loves public art and stated the City came up
$3.2 million this year. He stated every City employee got money taken away from them
and it was an extraordinary year that we do not wish to go through again when we stare at
a $3.2 million in being able to meet the budget. Mayor McDuffie stated that is the only
reason why this happened. Mayor McDuffie stated in just returned from a wonderful trip
from Miyazu, Japan which is our sister city and one of the things he was able to do was
the agreed upon an Artist Exchange Program. He stated we have a Student Exchange
Program that was already in place through Sister Cities and the Artist Exchange Program
will start as soon as possible. Mayor McDuffie stated the Commission is not turning a
blind eye to art and if it had not been a dire economic problem this would not have
happened this year. He stated the City's operating budget has dropped from $102 million
to $93 million. Mayor McDuffie stated the Commission will do everything they can to
restore every dime that they can restore in the upcoming budget but the Commission has
always had the rights in every other area of the budget to line item transfers at will.
Mrs. Gray asked if there are any dollars available so that the Public Art
Advisory Board can sustain them throughout the rest of this fiscal year. The City
Manager stated the $12,000 will come from contingency.
Prior to the vote, for clarification, Mr. Carney stated of the monies that are
being taken $12,000 will be left in. The City Manager stated this is correct.
The City Attorney stated it was his understanding that any budget issues
would have to come before the Commission.
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03/20/12
Dr. Alperin moved to approve Ordinance No. 12 -12 on FIRST Reading,
seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Carney —
Yes; Dr. Alperin — Yes; Mr. Frankel — No; Mrs. Gray — Yes; Mayor McDuffie — Yes.
Said motion passed with a 4 to 1 vote, Commissioner Frankel dissenting.
10.C. RESOLUTION NO. 16 -12 /CONTRACT FOR SALE AND
PURCHASE /S.W. 10 AVENUE AND S.W. 11 TH STREET: Consider approval of
Resolution No. 16 -12, and a contract for sale and purchase, authorizing the City to sell
the property located in the area of S.W. 10th Avenue and S.W. 11th Street to West Corner
Venture, LLC for the purchase price of $5,175.00.
The caption of Resolution No. 16 -12 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA,
AUTHORIZING THE CITY TO SELL TO BUYER
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
BETWEEN THE BUYER AND THE CITY OF DELRAY
BEACH, FLORIDA.
(The official copy of Resolution No. 16 -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 is the sale of two small parcels that was
adjacent to other property sold to this same purchaser several years ago and as the
purchaser was going through their development phase they realized that it was right -of-
way that the City has that was dedicated; however, it was actually deeded to the City by
the County. Therefore, the City Attorney stated the City would have to sell it to this
individual. The City Attorney stated he took the same price per square foot that we had
sold to the purchaser in 2007 and when he reviewed the property on the property
appraiser's website the value has gone down each year from that point in time until now.
The cost of the purchase is $5,175.00.
Mayor McDuff e declared the public hearing open.
27
03/20/12
Jim Zengage, purchaser of the Property, stated the City Engineer wants
to take ten feet on the other side as a right -of -way so they are trying to buy 15 feet and
therefore it is a net gain of five.
Christina Morrison, 2809 Florida Boulevard #207, Delray Beach, FL
33483, thanked the City Commission for considering this and stated this is one of the
things she has suggested to the City Manager to resell properties that the City owns and
does not use or need. Ms. Morrison stated this is a small first but moving in the right
direction.
There being no one else from the public who wished to address the
Commission, the public hearing was closed.
Mr. Carney moved to approve Resolution No. 16 -12, seconded by Dr.
Alperin. 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.
At this point, the time being 9:01 p.m., the Commission moved to Item
11.B., Comments and Inquiries on Non - Agenda Items from the Public.
II.B. From the Public.
11.B.1. Richard Leeds, 8928 S. Kendale Circle, Lake Worth, FL 33467
(Sherbrooke Estates), stated they are a small community of 140 homes zoned one, two
and three acres and the average home is about 5,000 square feet. Mr. Leeds stated one of
the homeowners decided to rent their property of about 8,000 square feet in the heart of
their community to an alcohol abuse organization. Mr. Leeds sees that the Commission
has voted and hired attorneys to fight the same situation that they have. He supports what
the Commission has done and they have a group of people who would be happy to work
with them to try to overturn this particular act.
Secondly, Mr. Leeds stated he is a representative of their tennis league
called the Grand Slam Tennis League of Palm Beach County and this league was formed
15 years ago and has supported the Delray community throughout the last nine years
through the ITC Championships, junior events, and other affairs that are run tennis
community wise. He stated their league is among the top three largest in the United
States and encompasses more than 1,000 players twice which is over 2,000 players with
93 teams participating and over 40 units of homeowners associations and public courts,
etc. Mr. Leeds stated each year they run a dinner and purchase tickets through their
Grand Slam Tennis League and are the largest private supporter of the events in Delray
Beach. He stated two years ago they had 427 people at one time attend a dinner at the
Marriott Hotel and go to the tennis at the Delray Tennis Center. Mr. Leeds stated this
year they changed and went to the actual golf center and 302 people showed up. He
stated the staff who worked at the country club were magnificent and 305 people are
signed up for next year. Mr. Leeds stated the Commission contributed more than $1,000
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03/20/12
to the American Diabetic Society because by giving them free parking on that evening
they were able to tarn that money over the American Diabetic Society. He stated this
year they have raised more than $3,000 for the American Diabetic Society. Mr. Leeds
stated in checking with their membership they have played in many tennis leagues over
the years and the average age is 68 -69 years and they have players participating in ages
from 45 -90 and for their Awards Luncheon on April 3, 2012 they are honoring those
remaining players in their league who are veterans of the second World War and those
who are still playing who were victims of the Holocaust. Mr. Leeds thanked the
Commission for helping them and for doing such a marvelous job.
II.B.2. _Gerald Franciosa, 939 Eve Street, Delray Beach, FL 33483, stated he
was premature at the last Commission meeting when he wanted to thank Dr. Jay Alperin
for filling in and doing a great job. Mr. Franciosa commented about Waste Management
and is upset that the City would think of putting this out on bid unless we have to. He
stated he always likes to know about a company and how they treat their employees and
he has talked to some of the garbage men in his neighborhood who have been picking up
his garbage for the last eight years and they are very happy with management.
Secondly, Mr. Franciosa congratulated Commissioner Elect Al Jacquet.
At this point, the time being 9:10 p.m., the Commission moved to Item
13, Comments and Inquiries on Non - Agenda Items from the City Attorney and the
rest of the City Commission.
13.11. City Attorney
The City Attorney stated with regard to the Inspector General (IG) lawsuit
he received word today that the County voted to not go along with the proposed
settlement so therefore there will be the hearing on March 26, 2012 under Chapter 164
where we need to have at least one elected official show up at the West Palm Beach City
Hall (lt floor) beginning at 9:00 a.m. The City Attorney stated it is his understanding
that Mayor McDuffie might be available to attend. He stated this will be a quick meeting
and then everyone will go to mediation after that.
Secondly, the City Attorney stated he will be out of town tomorrow
through Saturday but will be reachable by cell phone and emails.
O.C. City Commission
13.C.2. Mrs. Gray
Mrs. Gray congratulated and welcomed Commissioner Elect Al Jacquet.
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03/20/12
13.C.3. Mr. Carney
Mr. Carney congratulated Commissioner Elect Al Jacquet for running a
great race and stated he is looking forward to working with him.
Secondly, Mr. Carney stated he hopes that the word gets out that what the
Commission did tonight as it related to the rezoning matter was to defer the decision to
allow the applicant to make up his mind on whether he wants to withdraw this or does he
want a loss. Mr. Carney stated he believes that holding him up for six months and/or a
year in a development project in a City which really needs to have development projects
would have been a mistake. He stated this is going to allow some thought on their side to
come back with something that he believes they can live with and we can live with.
Mr. Carney stated the St. Patrick's Day Parade was great and there were
Fire Departments from everywhere (i.e. Australia, Belgium, etc.)
13.C.4. Dr. Alperin
Dr. Alperin stated he has some mail for Commissioner Elect Al Jacquet.
Secondly, Dr. Alperin stated he will save all his comments for the
Organizational Meeting of March 29, 2012.
13.C.5. Mayor McDuffie
Mayor McDuffie stated the St. Patrick's Day Parade was huge and once
again the next morning Atlantic Avenue was spotless. He stated the Parks and
Recreation staff and everyone involved in the cleanup does a magnificent job. Mayor
McDuffie stated according to the police there were no incident reports. Mayor MCDuffne
thanked everyone who made St. Patrick's Day a safe and pleasurable day.
He stated the Countywide Registration of Lobbyists automated system
went live yesterday.
There being no further business, Mayor McDuffie declared the meeting
adjourned at 9:18 p.m.
X Di,
City Clerk
97H
03/20/12
:_ ILIr V-MF%
MAYOR
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 20, 2012, which Minutes were formally approved and adopted by the City
Commission on April 3, 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.
31
03/20/12
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
Ms 1 9_ N iU11111 3.
1. This waiver request came before the City Commission on March 20, 2012.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the waiver requests for 22 NE 5`h Street.
All of the evidence is a part of the record in this case.. Required findings are made in
accordance with Subsection I.
I. WAIVERS: Pursuant to LDR Section 2.4.7(8 )(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 4.5.1(E)(3)(a)1.c., Fences and Walls:
Pursuant to LDR Section 4.5.1(E)(3)(a)1.c., fences and walls over four
feet (4') shall not be allowed in front or side street setbacks.
Should the waiver to allow a six foot (0'). high fence to encroach into the
thirty foot (30') front setback to within fifteen feet (15') from the front
property line be granted?
Yes ✓ No
B. Waiver to LDR Section 4.6.14(B), Sight Visibility Triangle:
Pursuant to LDR Section 4.6,14(B), Sight Visibility Triangle Measurement
is the area on both sides of a driveway formed by the intersection of a
driveway and a street or alley with a length of ten feet (10') along the
1
March 20, 2012 City Commission Meeting; Item 9.B.
driveway, a length of ten feet (10') along the street or alley right -of -way
and the third side being a line connecting the ends of the other two lines.
Should the waiver to reduce the sight visibility triangle measurement from
ten feet by ten feet (10'x1 p') to six feet by six .feet (6'x6') to the east of the
driveway and eight feet by ten feet (8'x10') to the west of the driveway be
granted?
Yes r"' 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 20th day of March, 2012, by a vote of 5 . in favor and 0
opposed.
ATTEST:
Chevelle Nubin.; City Clerk
2
S. McDuffieP, M
March 20, 2012 City Commission Meeting; Item 9.13.