04-03-12 Agenda Results Regular MeetingMicrosoft Word - 04-03-12 Agenda Results Regular Meeting.doc
City of Delray Beach Regular Commission Meeting ***AGENDA RESULTS*** City Commission Meeting Tuesday, April 3, 2012 Regular Meeting 6:00 p.m. Public Hearings 7:00 p.m. Commission Chambers
Delray Beach City Hall RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public
comments, Commission discussion and official action. City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by
an individual will be limited to three minutes or less. The Mayor or presiding officer has discretion to adjust the amount of time allocated. A. Public Hearings: Any citizen is entitled
to speak on items under this section. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction
of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items:
Public input on agendaed items, other than those that are specifically set for a formal public hearing, shall be allowed when agreed by consensus of the City Commission. 2. SIGN IN SHEET:
Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If
you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff
with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate
time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making
impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue
or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision
made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which
the appeal is based. The City neither provides nor prepares such record. The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to
participate in and enjoy the benefits of a service, program, or activity conducted by the City. Contact Doug Smith at 243-7010, 24 hours prior to the event in order for the City to accommodate
your request. Adaptive listening devices are available for meetings in the Commission Chambers. 100 NW 1st Avenue Delray Beach, Florida 33444 Phone: (561) 243-7000 Fax: (561) 243-3774
04/03/2012 -2 -1. ROLL CALL. 2. INVOCATION. 3. PLEDGE OF ALLEGIANCE TO THE FLAG. 4. AGENDA APPROVAL. (Mayor McDuffie noted Item 8.E., Service Authorization No. 07-17.2/Mathews Consulting,
Inc./Reclaimed Water Expansion – Area 12A, was moved to the Regular Agenda as Item 9.A.A. Approved as amended, 5-0) 5. APPROVAL OF MINUTES: A. March 20, 2012 – Regular Meeting (Approved,
5-0) 6. PROCLAMATIONS: A. Paralyzed Veterans Association (PVA) Awareness Month – April 2012 B. Earth Month – April 2012 7. PRESENTATIONS: A. None 8. CONSENT AGENDA: City Manager Recommends
Approval. (Approved as amended, 5-0) A. RIGHT-OF-WAY DEED/WAYSIDE HOUSE: Accept the dedication of 2’ of alley right-of-way for Wayside House, located at 328-378 N.E. 6th Avenue. B. REQUEST
FOR A SIDEWALK DEFERRAL AND SIDEWALK EASEMENT AGREEMENT/720 NORTH OCEAN BOULEVARD: Approve a sidewalk easement and sidewalk deferral agreement for the property located at 720 North Ocean
Boulevard along the north side of Crestwood Drive to allow future construction of a sidewalk, for a proposed new single family residence within the North Beach Overlay District. C. CONTRACT
CLOSEOUT (CHANGE ORDER NO. 3/FINAL)/INTERCOUNTY ENGINEERING, INC./OSCEOLA PARK WATER MAIN PHASE 2 PROJECT: Approve Contract Closeout (C.O. No. 3/Final) in the amount of a $221,470.60
decrease and final payment in the amount of $11,900.44 to Intercounty Engineering, Inc., for completion of the Osceola Park Water Main Phase 2 Project. Funding is available from 442-5178-536-65.85
(W & S Renewal & Replacement Fund: Other Improvements/Osceola Park).
04/03/2012 -3 -D. CHANGE ORDER NO. 2/FOSTER MARINE CONTRACTORS, INC.: Approve Change Order No. 2 to Foster Marine Contractors, Inc. in the amount of $20,991.00 for additional concrete
sidewalk and driveway removal and replacement; and for a contract time extension of six (6) days for Auburn Avenue Improvements. Funding to be paid out of the contract's Unforeseen Conditions
Allowance. E. (MOVED TO ITEM 9.A.A. ON THE REGULAR AGENDA) F. REJECTION OF ALL BIDS/DELRAY BEACH HEIGHTS SWALE PROJECT: Approve a recommendation to reject all bids received for the Delray
Beach Heights Swale Project and authorize staff to rebid the project with a modified scope. G. AMENDMENT NO. 1 TO THE LICENSE AGREEMENT/PREP AND SPORTS, INC.: Approve Amendment No. 1
to the License Agreement with Prep and Sports, Inc. to extend the term for an additional two (2) years for their use of a portion of the Soccer Complex. H. HOUSING REHABILITATION GRANT/CONTRACT
AWARD: Award one (1) Housing Rehabilitation contract through the Neighborhood Services Division and Residential Construction Mitigation Program (RCMP) to the lowest responsive bidder,
Cordoba Construction Co., for 318 S.E. 5th Street in the amount of $31,065.20. Funding is available from 118-1924-554-49.19 (Neighborhood Services: Other Current Charges/Housing Rehabilitation)
and 118-1936-554-49.19 (Neighborhood Services: Other Current Charges/Housing Rehabilitation). I. RESOLUTION NO. 20-12: Approve establishing a revised investment policy which will set
forth investment objectives and parameters for the management of public funds (excluding pension funds, trust funds and funds related to debt issuance) of the City. J. SPECIAL EVENT
REQUEST/14th ANNUAL CINCO DE MAYO FIESTA: Approve a special event request to allow the 14th Annual Cinco De Mayo Fiesta to be held Saturday, May 5, 2012, from 2:00 p.m. – 10:00 p.m.,
on the grounds of Old School Square and in Old School Square Park, to authorize staff support for traffic control and security, trash removal, EMS assistance, Fire inspection, signage
preparation and installation, and to approve use of the Old School Square parking garage for vendors and staff and use of a City generator; contingent on the receipt of a certificate
of liability insurance and liquor liability insurance fourteen (14) days prior to the event. K. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions
made by the Land Development Boards for the period March 19, 2012 through March 30, 2012.
04/03/2012 -4 -L. AWARD OF BIDS AND CONTRACTS: 1. Bid award to multiple vendors at an estimated cost of $126,000.00 for the purchase of medical/drug supplies for the City of Delray Beach
Fire and Ocean Rescue and Highland Beach. Funding is available from various Fire-Rescue and Ocean Rescue budget accounts). 9. REGULAR AGENDA: AA. SERVICE AUTHORIZATION NO. 07-17.2/MATHEWS
CONSULTING, INC./RECLAIMED WATER EXPANSION – AREA 12A: Approve Service Authorization No. 07-17.2 to Mathews Consulting, Inc. in the amount of $33,146.00 for additional professional engineering
services in the design of Area 12A Reclaimed Water System. Funding is available from 441-5161-536-68.73 (Water and Sewer Fund: Improvements Other/Reclaim Water, Area 12A). (Motion to
approve; Approved, 5-0) 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. 6th Avenue. (Quasi-Judicial Hearing) (First Motion to grant party status to
Mrs. Benita Goldstein, Ms. Joanne Varga and Mr. Jason Dollard; Approved, 5-0. Second Motion to adopt board order as presented (denying the appeal); Approved, 5-0) B. CONDITIONAL USE
REQUEST/DELRAY GAS STATION: Consider approval of a conditional use request for Delray Gas Station (formerly known as Valero Gas Station) to allow the re-establishment of the gasoline
station with attendant food sales, at 14111 South Military Trail. (Quasi-Judicial Hearing) (Motion to adopt board order as presented; Approved, 5-0) C. WAIVER REQUESTS/SW DELRAY ONE,
LLC.: Consider approval of four (4) waiver requests to Land Development Regulations (LDR) to allow 9 ft. floor to ceiling height for the rooftop pavilion where 10 ft. is required pursuant
to LDR Section 4.4.13(F)(1)(b), to allow 8’11” and 13’0” ft. stacking distances where a 50 ft. stacking distance is required for parking lots with 51 or more spaces pursuant to LDR Section
4.6.9(D)(3)(c)(1), to allow 50% frontage at a maximum setback of 10 ft. along SE 1st Avenue where 70%-90% is required pursuant to LDR Section 4.4.13(F)(4)(c)(1) , to allow 11.59% frontage
at a minimum setback of 15 ft. for heights above 25’ along SE 1st Avenue where 70% is required, and to allow 76% of the ground level floor area for floor levels above 25’ where a 70%
maximum is allowed pursuant to LDR Section 4.4.13(F)(4)(c)(2) for the proposed Saxena White Corporate Office located at 111 S.E. 1st Avenue. (Quasi-Judicial Hearing) (Motion to adopt
board order as presented; Approved, 5-0)
04/03/2012 -5 -D. RESOLUTION NO. 21-12/DELRAY BEACH ECONOMIC DEVELOPMENT FUND: Consider approval of Resolution No. 21-12 which recognizes the importance of economic opportunities within
city boundaries, establishes the Delray Beach Economic Development Fund to provide matching funds for various State economic development incentives and provide an effective date. (Motion
to approve; Approved, 5-0) E. REQUEST DIRECTION ON THE CONVERSION OF S.E. 1ST STREET: Provide direction on the implementation schedule for the conversion of S.E. 1st Street to two-way
traffic from S.E. 1st Avenue to S.E. 6th Avenue. (Motion to go with staff recommendation and wait the additional 18 months and not spend the $65,000.00; Approved, 5-0) F. REVIEW AND
ACCEPTANCE OF REGULARLY SCHEDULED CITY COMMISSION MEETING DATES: Review and discuss an alternate date for the January 1, 2013 Regular Meeting and provide direction on whether to schedule
the January 29, 2013 Annual Citizen's Roundtable. (The consensus of the Commission to set the new Regular Meeting date to Thursday, January 3, 2013 and to cancel the January 29, 2013
Annual Citizen’s Roundtable) G. REVISED VALET PARKING LICENSE AGREEMENTS: Consider approval modifications contained in the proposed Valet Parking License Agreements. (Motion to approve
agreements with modifications; Approved, 5-0) H. OFFER OF SETTLEMENT IN VINCENT GRAY v. CITY OF DELRAY BEACH AND RALPH PHILLIPS: Consider an Offer of Settlement in the total amount of
$175,000.00 in Gray v. City of Delray Beach and Ralph Phillips. Staff recommends denial. (DENIED, 5-0) I. 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 Jacquet (Seat #2). (Commissioner
Jacquet’s appointment was DEFERRED to the April 17, 2012 Regular Commission Meeting) J. APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL: Appoint one (1) regular member from Zone 2 to
the Neighborhood Advisory Council to serve an unexpired term ending July 31, 2014. Based on the rotation system, the appointment will be made by Commissioner Gray (Seat #4). (Appointed
Colson Zulmar and approved, 5-0) K. APPOINTMENT TO THE CHARTER REVISION COMMITTEE: Appoint the Chairperson to the Charter Revision Committee. The appointment will be made by Mayor McDuffie
(Seat #5). (Appointed Jay Alperin and approved, 5-0)
04/03/2012 -6 -10. PUBLIC HEARINGS: 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) (THIS ITEM IS A CONTINUATION FROM THE MARCH 20, 2012 PUBLIC HEARING; IT IS NOT OPEN FOR PUBLIC COMMENTS) (Motion to continue for a period not to exceed
six (6) months and when the item comes back if not withdrawn by the applicant, then the applicant will pay for the re-notice and re-advertisement of Ordinance No. 5-12; Approved, 5-0)
B. 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. (Motion to approve; Denied, 5-0) C. 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 Café”, to provide a definition, clarify required parking, and to clarify the characteristics of a Delicatessen. (Motion to approve Ordinance No. 10-12 (deleting
Section 2); Approved, 5-0) 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC-IMMEDIATELY FOLLOWING PUBLIC HEARINGS. A. City Manager's response to prior public comments and
inquiries. B. From the Public. 12. FIRST READINGS: A. ORDINANCE NO. 14-12: Consider a Future Land Use Map amendment (smallscale) from CMR (Commerce) to TRN (Transitional), rezoning from
LI (Light Industrial) to NC (Neighborhood Commercial) and text amendment to the General Commercial Land Use Description for 10th & 10th Center, located at the southeast corner of S.W.
10th Street and S.W. 10th Avenue. If passed, a public hearing will be held on April 17, 2012. (Motion to approve; Approved, 5-0)
04/03/2012 -7 -13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission POSTED: MARCH 30, 2012 ****** Meeting adjourned at 11:23 p.m. ******
04/03/2012
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1. ROLL CALL.
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL. (Mayor McDuffie noted Item 8.E., Service Authorization No. 07-
17.2/Mathews Consulting, Inc./Recl aimed Water Expansion – Area 12A, was moved to the Regular
Agenda as Item 9.A.A. Approved as amended, 5-0)
5. APPROVAL OF MINUTES:
A. March 20, 2012 – Regular Meeting (Approved, 5-0)
6. PROCLAMATIONS:
A. Paralyzed Veterans Association (P VA) Awareness Month – April 2012
B. Earth Month – April 2012
7. PRESENTATIONS:
A. None
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 5-0)
A. RIGHT-OF-WAY DEED/WAYSIDE HOUSE: Accept the dedication of 2’ of
alley right-of-way for Wayside House, located at 328-378 N.E. 6 th Avenue.
B. REQUEST FOR A SIDEWALK DEFE RRAL AND SIDEWALK EASEMENT
AGREEMENT/720 NORTH OCEAN BOULEVARD: Approve a sidewalk
easement and sidewalk deferral agreement for the property located at 720 North Ocean
Boulevard along the north side of Crestwood Drive to allow future construction of a
sidewalk, for a proposed new single family residence within the North Beach Overlay
District.
C. CONTRACT CLOSEOUT (CHANGE ORDER NO.
3/FINAL)/INTERCOUNTY ENGINEERING, INC./OSCEOLA
PARK WATER MAIN PHASE 2 PROJECT: Approve Contract Closeout (C.O.
No. 3/Final) in the amount of a $221,470.60 decrease and final payment in the amount
of $11,900.44 to Intercounty Engineering, Inc., for completion of the Osceola Park
Water Main Phase 2 Project. Funding is av ailable from 442-5178-536-65.85 (W & S
Renewal & Replacement Fund: Othe r Improvements/Osceola Park).
04/03/2012
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D. CHANGE ORDER NO. 2/FOSTER MARINE CONTRACTORS, INC.:
Approve Change Order No. 2 to Foster Ma rine Contractors, Inc. in the amount of
$20,991.00 for additional concrete sidewalk and driveway removal and replacement; and
for a contract time extension of six (6) days for Auburn Avenue Improvements.
Funding to be paid out of the contract's Unforeseen Conditions Allowance.
E. (MOVED TO ITEM 9.A.A. ON THE REGULAR AGENDA)
F. REJECTION OF ALL BIDS/DELRAY BEACH HEIGHTS SWALE
PROJECT: Approve a recommendation to reject all bids received for the Delray
Beach Heights Swale Project and authorize st aff to rebid the project with a modified
scope.
G. AMENDMENT NO. 1 TO THE LI CENSE AGREEMENT/PREP AND
SPORTS, INC.: Approve Amendment No. 1 to the License Agreement with Prep
and Sports, Inc. to extend the term for an additional two (2) years for their use of a
portion of the Soccer Complex.
H. HOUSING REHABILITATION GRANT/CONTRACT AWARD: Award one
(1) Housing Rehabilitation contract thro ugh the Neighborhood Services Division and
Residential Construction Mitigation Program (RCMP) to the lowest responsive bidder,
Cordoba Construction Co., for 318 S.E. 5t h Street in the amount of $31,065.20.
Funding is available from 118-1924-554-4 9.19 (Neighborhood Services: Other Current
Charges/Housing Rehabilitation) and 1 18-1936-554-49.19 (Neighborhood Services:
Other Current Charges/Housing Rehabilitation).
I. RESOLUTION NO. 20-12: Approve establishing a revised investment policy which
will set forth investment objectives and parameters for the management of public funds
(excluding pension funds, trust funds and funds related to debt issuance) of the City.
J. SPECIAL EVENT REQUEST/14th AN NUAL CINCO DE MAYO FIESTA:
Approve a special event request to allow the 14th Annual Cinco De Mayo Fiesta to be
held Saturday, May 5, 2012, from 2:00 p.m. – 10:00 p.m., on the grounds of Old School
Square and in Old School Square Park, to au thorize staff support for traffic control and
security, trash removal, EMS assistance, Fire inspection, signage preparation and
installation, and to approve use of the Old School Square parking garage for vendors
and staff and use of a City gene rator; contingent on the receip t of a certificate of liability
insurance and liquor liability insurance fourteen (14) days prior to the event.
K. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
March 19, 2012 thro ugh March 30, 2012.
04/03/2012
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L. AWARD OF BIDS AND CONTRACTS:
1. Bid award to multiple vendors at an estimated cost of $126,000.00 for the
purchase of medical/drug supplies for th e City of Delray Beach Fire and Ocean
Rescue and Highland Beach. Funding is available from various Fire-Rescue and
Ocean Rescue budget accounts).
9. REGULAR AGENDA:
AA. SERVICE AUTHORIZATION NO. 07-17.2/MATHEWS CONSULTING,
INC./RECLAIMED WATER EXPANSION – AREA 12A: Approve Service
Authorization No. 07-17.2 to Mathews Consulti ng, Inc. in the amount of $33,146.00 for
additional professional engineering services in the design of Area 12A Reclaimed Water
System. Funding is available from 441-5161-536-68.73 (Water and Sewer Fund:
Improvements Other/Recl aim Water, Area 12A). (Motion to approve; Approved, 5-0)
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. 6 th Avenue. (Quasi-Judicial Hearing)
(First Motion to grant party status to Mrs. Benita Goldstein, Ms. Joanne Varga and Mr. Jason
Dollard; Approved, 5-0. Second Motion to adopt board order as presented (denying the appeal);
Approved, 5-0)
B. CONDITIONAL USE REQUEST/DELRAY GAS STATION: Consider
approval of a conditional use request for De lray Gas Station (formerly known as Valero
Gas Station) to allow the re-establishment of the gasoline station with attendant food
sales, at 14111 South Military Trail. (Quasi-Judicial Hearing) (Motion to adopt board
order as presented; Approved, 5-0)
C. WAIVER REQUESTS/SW DELRAY ONE, LLC.: Consider approval of four (4)
waiver requests to Land Development Regulati ons (LDR) to allow 9 ft. floor to ceiling
height for the rooftop pavilion where 10 ft. is required pursuant to LDR Section
4.4.13(F)(1)(b), to allow 8’11” and 13’0” ft. stacking distances where a 50 ft. stacking
distance is required for parking lots with 51 or more spaces pursuant to LDR Section
4.6.9(D)(3)(c)(1), to allow 50% frontage at a maximum setback of 10 ft. along SE 1 st
Avenue where 70%-90% is required pursua nt to LDR Section 4.4.13(F)(4)(c)(1) , to
allow 11.59% frontage at a minimum setback of 15 ft. for heights above 25’ along SE 1 st
Avenue where 70% is required, and to allo w 76% of the ground level floor area for
floor levels above 25’ where a 70% maximum is allowed pursuant to LDR Section
4.4.13(F)(4)(c)(2) for the proposed Saxena Whi te Corporate Office located at 111 S.E.
1 st Avenue. (Quasi-Judicial Hearing) (Motion to adopt board order as presented;
Approved, 5-0)
04/03/2012
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D. RESOLUTION NO. 21-12/DELRAY BEACH ECONOMIC DEVELOPMENT
FUND: Consider approval of Resolution No. 21-12 which recognizes the importance
of economic opportunities within city bound aries, establishes the Delray Beach
Economic Development Fund to provide ma tching funds for various State economic
development incentives and provide an effective date. (Motion to approve; Approved, 5-0)
E. REQUEST DIRECTION ON THE CONVERSION OF S.E. 1 ST STREET:
Provide direction on the implementation sc hedule for the conversion of S.E. 1 st Street
to two-way traffic from S.E. 1 st Avenue to S.E. 6 th Avenue. (Motion to go with staff
recommendation and wait the additional 18 mo nths and not spend the $65,000.00; Approved,
5-0)
F. REVIEW AND ACCEPTANCE OF REGULARLY SCHEDULED CITY
COMMISSION MEETING DATES: Review and discuss an alternate date for the
January 1, 2013 Regular Meeting and prov ide direction on whether to schedule the
January 29, 2013 Annual Citizen's Roundtable. (The consensus of the Commission to set
the new Regular Meeting date to Thursday, Janu ary 3, 2013 and to cancel the January 29, 2013
Annual Citizen’s Roundtable)
G. REVISED VALET PARKING LICENSE AGREEMENTS: Consider a pproval
modifications contained in the proposed Valet Parking License Agreements. (Motion to
approve agreements with modifications; Approved, 5-0)
H. OFFER OF SETTLEMENT IN VINC ENT GRAY v. CITY OF DELRAY
BEACH AND RALPH PHILLIPS: Consider an Offer of Settlement in the total
amount of $175,000.00 in Gray v. City of Delray Beach and Ralph Phillips. Staff
recommends denial. (DENIED , 5-0)
I. APPOINTMENT TO THE PUBLIC ART ADVISORY BOARD: Appoint one
(1) regular member to the Public Art Advisory Board to serve an unexpired term ending
July 31, 2013. Based upon the rotation sy stem, the appointment will be made by
Commissioner Jacquet (Seat #2). (Commissioner Jacquet’s appointment was DEFERRED
to the April 17, 2012 Regular Commission Meeting)
J. APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL:
Appoint one (1) regular member from Z one 2 to the Neighborhood Advisory Council
to serve an unexpired term ending July 31, 2014. Based on the rotation system, the
appointment will be made by Commissioner Gray (Seat #4). (Appointed Colson Zulmar
and approved, 5-0)
K. APPOINTMENT TO THE CHARTER REVISION COMMITTEE: Appoint
the Chairperson to the Charter Revision Commi ttee. The appointmen t will be made by
Mayor McDuffie (Seat #5). (Appointed Jay Alperin and approved, 5-0)
04/03/2012
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10. PUBLIC HEARINGS:
A. ORDINANCE NO. 05-12: Consider a privately-initiated Future Land Use Map
change from Transitional (TRN) to Gene ral Commercial (GC), rezoning from POC
(Planned Office Center) to PC (Planned Co mmercial), and a Text Amendment of the
Comprehensive Plan modifying the description of the GC (General Commercial) Future
Land Use designation to 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)
(THIS ITEM IS A CONTINUATION FROM THE MARCH 20, 2012 PUBLIC
HEARING; IT IS NOT OPEN FOR PUBLIC COMMENTS) (Motion to continue
for a period not to exceed six (6) months and when the item comes back if not withdrawn by
the applicant, then the applicant will pay for the re-notice and re-adver tisement of Ordinance
No. 5-12; Approved, 5-0)
B. 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. (Motion to approve; Denied, 5-0)
C. 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”, Su bsection 6.3.3, “Sidewalk Café”, to provide a
definition, clarify required parking, and to cl arify the characteristics of a Delicatessen.
(Motion to approve Ordinance No. 10-12 (deleting Section 2); Approved, 5-0)
11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE
PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS.
A. City Manager's response to prior public comments and inquiries.
B. From the Public.
12. FIRST READINGS:
A. ORDINANCE NO. 14-12: Consider a Future Land Use Map amendment (small-
scale) from CMR (Commerce) to TRN (Trans itional), rezoning from LI (Light
Industrial) to NC (Neighborhood Commercia l) and text amendment to the General
Commercial Land Use Description for 10 th & 10 th Center, located at the southeast
corner of S.W. 10 th Street and S.W. 10 th Avenue. If passed, a public hearing will be held
on April 17, 2012. (Motion to approve; Approved, 5-0)
04/03/2012
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13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: MARCH 30, 2012
****** Meeting adjourned at 11:23 p.m. ******