04-17-12 Regular City Commission Meeting MinutesAPRIL 17, 2012
A Regular Meeting of the City Commission of the City of Delray Beach,
Florida, was called to order by Mayor Nelson S. McDuffie in the Commission Chambers
at City Hall at 6:00 p.m., Tuesday, April 17, 2012.
1. Roll call showed:
Present- Commissioner Thomas E. Carney, Jr.
Commissioner Alson Jacquet
Commissioner Adam Frankel
Commissioner Angeleta E. Gray
Mayor Nelson S. McDuffie
Absent - None
Also present were - Doug Smith, Acting City Manager
Brian Shutt, City Attorney
Lanelda D. Gaskins, Acting City Clerk
2. The opening prayer was delivered by Rabbi Barry Silver with
Congregation L'Dor VaDor.
3. The Pledge of Allegiance to the flag of the United States of America was
given.
4. AGENDA APPROVAL.
Mr. Carney requested that Item 8.8., Agreements/Palm Beach County
Property Appraiser and Palm Beach County Information System Services
(ISS)/Fire Assessment Fee of the Consent Agenda be moved to the Regular Agenda as
Item 9.A.A.
Mr. Frankel moved to approve the Agenda as amended, seconded by Mrs.
Gray. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel —
Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes. Said motion passed
with a 5 to 0 vote.
5. APPROVAL OF MINUTES:
Mr. Frankel moved to approve the Minutes of the Regular Meeting of
March 15, 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; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote.
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Mrs. Gray moved to approve the Minutes of the Annual Organizational
Meeting of March 29, 2012, seconded by Mr. Frankel. Upon roll call the Commission
voted as follows: Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Mr.
Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote.
Mr. Frankel moved to approve the Minutes of the Workshop Meeting of
April 10, 2012, seconded by Mr. Carney. Upon roll call the Commission voted as
follows: Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel —
Yes; Mrs. Gray — Yes. Said motion passed with a 5 to 0 vote.
6. PROCLAMATIONS:
6.A. Municipal Clerk's Week — April 29, 2012 — May 5, 2012
Mayor McDuffie read and presented a proclamation hereby proclaiming
April 29 -May 5, 2012 as Municipal Clerk's Week to Lanelda Gaskins, Acting City Clerk.
7. PRESENTATIONS:
7.B. Employee Suggestion Award — Mary Black, Administrative Assistant,
Fire - Rescue Department
Fire Chief Danielle Connor stated due to the economy in the past few
years each department including the Fire- Rescue Department was give direction to
review expenses and sources of revenue and they have done that. Chief Connor stated
during fiscal year 2009/2010 Mary Black, Administrative Assistant consistently saw that
one of their accounts which had to do with cleaning equipment for all six of the fire
stations was consistently over. Ms. Black did some research about the procurement
process and the current contracts that we had in place at that time and approached her
supervisor Cecelia Shade, Administrative Officer, about a different way of doing
business and that would be that the Fire- Rescue Department would purchase these items
themselves, inventory them, disburse them and this resulted in savings of over
$16,000.00. Chief Connor stated this is the type of innovation that Ms. Black brings to
her job every day and is a team player. In 1999, the City implemented the Employee
Suggestion Program and through this program Ms. Black was awarded a check in the
amount of $3,363.00.
7.C. Presentation of a check in the amount of $23,700.00 to help fund
rebuilding the Pavilion at the intersection of Atlantic Avenue and Ocean Boulevard
— Beach Property Owners' Association (BPOA)
Mayor McDuffie introduced Mary Renaud with the Beach Property
Owners' Association and stated she and her neighborhood residents have introduced an
idea to Delray Beach that is catching on where people raise money for the city through a
fund - raising event called "Delray's Got Talent: The Encore ".
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Mary Renaud, 1017 Bucida Road, Delray Beach, FL 33483, Beach
Property Owners' Association (BPOA), presented the City of Delray Beach with a
donation in the amount of $23,700.00 to help fund the rebuilding of the beach pavilion at
the intersection of Atlantic Avenue and A -1 -A: Ms. Renaud thanked everyone who
helped with this year's Delray's Got Talent and last year's, the residents and businesses
that have supported them from the beginning on both the pavilion replacement and the
broader Beach Area Master Plan. Ms. Renaud entered the following list of sponsors into
the record: Currie, Sowards & Aguila (Architects), BPOA, Ocean Properties, Seaside
Builders, McCarthy & Associates, CDS, Danna- Gracey, Tauriello & Company Real
Estate, Sterling Assets, TYEC, Colony Hotel and Cabana Club, Courchene Development
Corporation, Sea -View Optical, Stuart and Shelby, Richard Jones Architecture, Mouw
Construction, Randy Ely & Nick Malinoski Real Estate, Frankel & Cohen Law, Chapin,
Ballerano and Cheslack, Roy & Spamer, Caffe Luna Rosa, Boston's, Seagate Hotel,
Burger Fi, and Pizza. Rustica. Ms. Renaud also thanked the City Commissions both past
and present for their continuous and unanimous support of this project for over three
years. She stated more recent the Commission has voted to restore half the funds that
were being eliminated in the Capital Improvement Budget. Ms. Renaud stated with the
funds raised by the BPOA over the last two years (totals close to $60,000), the restored
city funds, extensive and costly services contributed by Architect Bob Currie and his
firm, and a builder who has promised to contribute some of his services they can get this
project done before the next winter season. Ms. Renaud urged the Commission to
increase the priority of this project with city staff and other government agencies. She
stated this is one of those private /public partnerships that government at all levels highly
encourages. Ms. Renaud stated the residents are awaiting the suecessfal completion of
this project as the first major step in implementing the Beach Area Master Plan.
7.D. S.P.I.R.I.T. (Service, Performance, Integrity, Responsibility,
Innovation, Teamwork) Committee Quarterly Awards Presentation
Jennifer Buce, Litter Prevention Coordinator, stated the S.P.I.R.I.T.
Awards Program recognizes employees for their exemplary actions in the following City
core beliefs: (1) exception service through performance, (2) integrity, (3) responsibility,
(4) innovation, and (5) teamwork. Ms. Buce stated the two employees that were
nominated this quarter and won are Tard McCoy, Community Improvement Department
and Joseph Vashlishan, Environmental Services Department. She stated both of these
employees on a daily basis Monday through Saturday and sometimes on Sunday they
work overtime when they have to do events. Ms. Buce stated they do this with a smile on
their face and never complain.
Joseph Vashlishan came forward and gave a few brief comments.
8. CONSENT AGENDA: City Manager Recommends Approval.
8.A. RIGHT -OF -WAY DEED ACCEPTANCE: MUSE HOUSE/HARVEL
COTTAGE RENOVATION PROJECT /COMMUNITY REDEVELOPMENT
AGENCY (CRA): Accept a right -of -way deed from the Community Redevelopment
Agency (CRA) for the dedication of 7 feet of additional right -of -way on the west side of
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N.W. 5th Avenue to accommodate the recently constructed sidewalk and bike rack
associated with the Muse House/Harvel Cottage Renovation Project.
&B. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A.A.
&C. RESOLUTION NO. 22 -12: Approve Resolution No. 22 -12 assessing
costs for abatement action required for the demolition of an unsafe structure located at
511 N.E. 3rd Avenue.
The caption of Resolution No. 22 -12 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, PURSUANT
TO ARTICLE 7.8, "UNSAFE BUILDINGS ", OF THE
LAND DEVELOPMENT REGULATIONS OF THE CITY
OF DELRAY BEACH, ASSESSING COSTS FOR
ABATEMENT ACTION REGARDING AN UNSAFE
BUILDING ON LAND(S) LOCATED WITHIN THE
CITY OF DELRAY BEACH; SETTING OUT ACTUAL
COSTS INCURRED BY THE CITY TO ACCOMPLISH
SUCH ABATEMENT AND LEVYING THE COST OF
SUCH ACTION; PROVIDING FOR AN EFFECTIVE
DATE AND FOR A DUE DATE AND INTEREST
ASSESSMENTS; PROVIDING FOR THE RECORDING
OF THIS RESOLUTION, AND DECLARING SAID
LEVY TO BE A LIEN UPON THE SUBJECT
PROPERTY FOR UNPAID ASSESSMENTS;
PROVIDING FOR THE MAILING OF NOTICE.
(The official copy of Resolution No. 22 -12 is on file in the City Clerk's
office.)
8.D. CONTRACT CLOSEOUT (CHANGE ORDER NO.
5/FINAL)/FOSTER MARINE CONTRACTORS, INC.: S.W. 12TH
AVENUE /AUBURN AVENUE /S.W. 14TH AVENUE PROJECT: Approve Contract
Closeout (C.O. No. 5/Final) to Foster Marine Contractors, Inc. in the amount of a
$126,826.06 decrease and final payment in the amount of $31,047.90 for completion of
the S.W. 12th Avenue /Auburn/S.W. 14th Avenue Project. Funding is available from 334-
3162 -541 -68.04 (General Construction Fund: Other Improvement/S. W. 12th
Avenue /Auburn Avenue /14th Avenue), 448 -5461 -53-8 -68.04 (Stormwater Utility Fund:
Other Improvement/S.W. 12th Avenue /Auburn Avenue /14th Avenue) and 442- 5178 -536-
68.04 (W & S Renewal & Replacement Fund: Improvements Other /S. W. 12th
Avenue /Auburn Avenue /14th Avenue).
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8.E. AMENDMENT NO. 1 TO THE CONTRACT FOR SALE AND
PURCHASE/WEST CORNER VENTURE, LLC.: Approve Amendment No. 1 to the
Contract for Sale and Purchase between the City and West Corner Venture LLC., to
provide an extension of the closing date to take place on or before June 20, 2012.
8.F. GRANT APPLICATION/EDWARD BYRNE MEMORIAL
JUSTICE ASSISTANCE GRANT (JAG): Authorize staff to submit an application for
funding in the amount of $42,212.00 through the U.S. Department of Justice Edward
Byrne Memorial Justice Assistance Grant (JAG) program which will support the Holiday
Robbery Task Force, which reduces crime during the Holiday season.
S.G. SPECIAL EVENT REQUEST /ON THE AVE: Approve a special
event request to endorse On the Ave to be held on May 17, 2012 from 6:00 p.m. to 10:00
p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for the closure of Atlantic
Avenue from Swinton to the west side of N.E. /S.E. 6th Avenue, Railroad Avenue from
Atlantic north to 150 feet north of the east /west alley, and to the alleys north and south of
Atlantic on N.E. /S.E. 1st Avenue, N.E. /S.E. 2nd Avenue, S.E. 3rd Avenue, and
N.E. /S.E. 4th Avenue; to authorize staff support for security and traffic control, EMS
assistance and fire inspection, banner hanging and removal, barricade set up and removal,
and trash removal and clean up.
8.H. SPECIAL EVENT REQUEST/AVDA 5K/10K WALK/RUN:
Approve a special event request to endorse the 13th Annual Aid to Victims of Domestic
Abuse, Inc. (AVDA) 5K/10K Walk/Run to be held on Saturday, October 13, 2012 from
7:30 a.m. until approximately noon, with set up at 5:00 a.m., to grant a temporary use
permit per LDR Section 2.4.6(F) for the use of Anchor Park and the City right -of -way
along Ocean Boulevard from Bucida Road to George Bush Boulevard, to waive parking
meter fees in the Anchor Park and Sandoway lots from 5:00 a.m. to 11:00 a.m., and to
authorize staff assistance for providing traffic control, EMS assistance, barricading,
signage, trash clean up and removal, City generator use, and set up and use of the small
stage; contingent on the receipt of the Certificate of Liability Insurance and Hold
Harmless Agreement by September 29, 2012.
81. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards
for the period April 2, 2012 through April 13, 2012.
8.J. AWARD OF BIDS AND CONTRACTS:
lam. Purchase award to Bartow Chevrolet in the amount of $30,069.00
and Duval Ford in the amount of $32,056.00 for two (2)
replacement vehicles; additional awards going to Emergency
Vehicle Supply in the amount of $3,890.95 for the installation of
police lighting and equipment in one (1) Police Department vehicle
and to Knapheide Equipment in the amount of $8,750.00 for one
(1) truck utility body and equipment. Funding is available from
501 - 3312 -591 -64.20 (Garage Fund: Machinery/ Equipment/
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Automotive).
2. Contract award to Special Products Group (SPG) in the estimated
amounts of $84,390.00 for FY 11/12 and $85,040.00 for FY 12/13
for uniform procurement for Police Department personnel.
Funding is available from various accounts.
Mr. Frankel moved to approve the Consent Agenda as amended, seconded
by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Carney — Yes; Mr.
Jacquet --- Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor MCDuffie — Yes. Said
motion passed with a 5 to 0 vote.
9. REGULAR AGENDA:
9.A.A. AGREEMENTS/PALM BEACH COUNTY PROPERTY
APPRAISER AND PALM BEACH COUNTY INFORMATION SYSTEM
SERVICES QSS)/FIRE ASSESSMENT FEE: Approve proposed agreements with
Palm Beach County Property Appraiser's Office and Palm Beach County Information
System Services (ISS) as it relates to the placement of a non -ad valorem fire assessment
fee on the tax roll.
Mr. Carney stated he pulled this item off the Consent Agenda for a couple
of reasons. Mr. Carney stated there was a great misunderstanding about what this
provision on this Consent Agenda actually meant, as a result of a self - described blog that
went out regarding this, discussed somehow we were going to be granting to the property
appraiser's office the right to impose a fire assessment fee. He stated there was a
misunderstanding that this was just really an enabling agreement which would provide
that the Property Appraiser's Office would then be able to have within its computer
system when it generates tax bills to be paid for all the population of Palm Beach County;
there would be built in a line item. Mr. Carney stated it still would have to come back to
the City Commission for discussion as to whether or not we ever wanted to have a fire
assessment fee. He stated it was put on as a Consent item through the City Manager's
office because it had been discussed. Mr. Carney stated because this item was
contentious, however, it really warranted a discussion and an explanation of what we
were trying to do. Mr. Carney stated it may not be the right time to create any enabling
legislation or any contract to allow anyone to theoretically develop a fire assessment fee.
He stated if the City is going to do a fire assessment fee we needed to have a more
thorough discussion of it and then determine whether we would then want to approach
the Property Appraiser's Office to say we would like you to add this to your tax bill. Mr.
Carney stated he does not feel we are quite ready to discuss the issue even in the form of
having an agreement with the Property Appraiser. He stated if the City is going to do a
fire assessment fee it needs to be with a lot of discussion and create parameters of how it
can be used including Sunshine provisions, reduction of millage overall so if that type of
fee is going to be imposed to the population at large so that all people have to pay
something but feels this needs to be done in a format of public discussion and within a
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timeframe that if that is something the City wants to do we could then approach the
Property Appraiser's Office to then add it to their computer system. Mr. Carney
reiterated that it is too contentious and too much misunderstanding of what the
Commission is trying to do.
Mrs. Gray stated she was not present last week during the Workshop and
wanted to have more discussion about this issue. She stated she understands that the
Commission is not going to be voting on anything it just gives us some options.
However, Mrs. Gray stated she is not in favor of moving forward with this because she
feels if we are going to add a tax or a fee that it should be done during budget time or add
it to our millage rate. Mrs. Gray stated she is not in favor of any new taxes and believes
that if we move forward with this it will not force staff to look at other cuts. Mrs. Gray
stated she does not support this.
For clarification, Mr. Frankel stated he understands Commissioner Gray
was not present at the meeting last Tuesday; however, this was an item that the
Commission thoroughly discussed unlike some of the comments that went around the
World Wide Web this past week. Mr. Frankel stated this does not institute a fire fee but
gives us an option as a mechanism to bill should we chose during the budgeting process
to adopt it. He stated the Commission was heavily criticized for not budgeting their time
properly during last year's cycle. In his opinion, Mr. Frankel stated this gives the
Commission the flexibility to do it. Mr. Frankel stated he is in favor of this.
Mr. Jacquet stated this does offer an option and it is a great time to provide
that option so that we can have that fee on the tax roll instead of together with the taxes
as opposed to being separate. However, Mr. Jacquet stated this allows the Commission
to avoid and escape the tough responsibility of making cuts. Mr. Jacquet stated before
the Commission considers raising taxes or adding a fee to residents, we should at least
show some good faith and show that the Commission is willing to make some tough cuts
instead of just saying we want an option to be able to raise revenue.
Mayor McDuffie stated last year they discussed in great detail issues of
dealing with revenue shortfalls in the City of Delray Beach. He stated one of the issues
that was discovered was that we have a great number of people who pay no property tax
in the City of Delray Beach at all but they derive the same services that everyone else
derives with the homestead exemptions that came in Amendment Ten in 1994, plus the
3% cap that came in 1994, and the additional homestead that came in Amendment One in
2008. There are a lot of completely exempt pieces of real estate in the City of Delray
Beach that are not owned by a charity, church or the city and are totally exempt and pay
no taxes. Mayor McDuffie stated most of the people sitting in the room tonight make up
the difference for those people who pay no ad valorem tax. He stated there are two types
of taxes that are assessed out of the Property Appraiser's Office and later on billed by the
Tax Collector's Office; ad valorem taxes and non -ad valorem taxes. Mayor McDuffie
stated "ad valorem (Latin meaning "of value ") is the portion of tax that you pay and you
get a millage rate assessed against your taxable value. He stated as your property
fluctuates up and down revenue of the jurisdiction in which you pay taxes to fluctuate as
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well. Mayor McDuffie stated as the Legislature continues to manipulate the ad valorem
laws and the additional exemptions that continue to pop up out of Tallahassee it is getting
more and more difficult to fund their budgets because more and more properties actually
come off the tax roll. Mayor McDuffie stated he is the Information Technologies
Manager for Palm Beach County who runs that tax roll and has watched what has
happened to it since 1991 and watched the billions of dollars that have come off the tax
roll in Palm Beach County. He stated the City of Delray Beach has made it through this
period of time admirably and most of the people who are sitting here this evening see no
reduction in the services provided by the City of Delray Beach and it could be argued if
you listen to some of the blogs and some of the emails that float around that the City
needs to cut deeper and harder. Mayor McDuffie stated the City has been cutting since
the day he walked in here and he is going on his sixth year. He stated until the City starts
doing something that demonstrates the fact that we have hit rock bottom like cutting
police officers and fire employees, etc. he is not sure that anyone is going to understand
that we are down there. Mayor McDuffie stated this year as every year we have a
complete budget cycle to go through and the Commission has not begun the actual budget
cycle where they actually begin to look at the budget. Mayor McDuffie stated with
regard to comments that were made that we really need to take a look at this before we
think of imposing it, the Commission is about to go through a complete budget cycle
where they will do that and they also invite the public to attend three (3) budget meetings
which are publicly announced when the TRIM notices from the Palm Beach County
Property Appraiser comes out that are budget hearings open to the public. Mayor
McDuffie stated when the Commission came out of budget hearings last year the City
was $3.2 million short of being able to fund the balance and the thought at that time was
a fire tax. He stated the City of Boca Raton and the City of Boynton Beach have one.
Mayor McDuffie stated Boca Raton has the lowest millage rate in Palm Beach County
but they also have a fire tax. Mayor McDuffie stated the City taxes that residents pay
only represent about 30% of the taxes that they pay; 40% of what you owe is for schools;
30% is the County; and 30% is the City in approximation with regard to distribution.
Therefore, Mayor McDuffie stated 70% of what you are paying in ad valorem tax goes -
out of the City of Delray Beach and to someone else; 30% stays here and funds
everything that we do and hundreds of homeowners are tax exempt. Mayor McDuffie
stated the thought last year in the budget hearings was that for everyone to pay a small
share approximately $60.00 for a basic single family home. He stated the controversy
took place over what the billing mechanism was going to be for commercial properties.
Mayor McDuffie stated he wanted to bring everyone up -to -date on what has been going
on in the City of Delray Beach for over a year so that anyone who happens to hear things
that there is a conspiracy it is not; the people get to choose. Mayor McDuffie stated staff
is going through and creating an ordinance that allows the Property Appraiser to put
things into place so that if it were to be chosen in this budget cycle or next budget cycle
that we want to introduce a non -ad valorem {a flat rate} through the Property Appraiser's
Office, have the Tax Collector bill it and not have to spend $25,000430,000 in billing
and collect those funds and this was enabling that to be done. Mayor McDuffie stated
during six steady years of down revenues Standard & Poor's raised the City's bond
rating. He stated this says something about the fiscal responsibility of the City
Management team, the Finance team and those that the people elected to represent them
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on this dais. Mayor MCDuffie supports this because the Commission put the mechanism
in place if it is needed to fund the budget.
Mr. Frankel moved to approve Item 9.A.A. (formerly Item 8.11.),
seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mr. Jacquet —
No; Mr. Frankel — Yes; Mrs. Gray — No; Mayor McDuffie — Yes; Mr. Carney — No. Said
motion passed was DENIED with a 3 to 2 vote, Commissioner Frankel and Mayor
McDuffie dissenting.
9.A. WAIVER REQUEST /9 N.E. 2ND AVENUE: Consider a waiver
request to Land Development Regulations (LDR) Section 4.4.13(F)(4)(c)(1), "Minimum
Ground Level Building Setback and Frontage ", to allow 33% frontage at a maximum
setback of 10' along N.E. 2nd Avenue where 70% - 90% frontage is required. (Quasi -
Judicial gearing)
Mayor McDuffie read the City of Delray Beach Quasi- Judicial Hearing
rules into the record for this item and all subsequent Quasi - Judicial items.
Lanelda D. Gaskins, Acting 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 -069.
Mr. Dorling stated what is being proposed is that a restaurant occupies the
northern two- thirds of this site and currently the facade is about four feet from Pineapple
Grove Way and they intend to move that facade back to approximately 14 feet. The CBD
regulations require that a certain percentage of that building be no more than 10 feet
back. Therefore, Mr. Dorling stated they are requesting a waiver to allow the 14 feet.
Mr. Dorling stated the frontage which would have to be between 70 -90% required by the
LDRs for CBD Design Guidelines would be reduced to a 33% frontage requirement.
At its meeting of March 14, 2012, this was considered by the Site Plan
Review and Appearance Board in which the Class III Site Plan Modification was
approved with a 4 to 0 vote. Mr. Dorling stated this waiver request was a part of that
process and they also recommended approval at that time. He stated required findings
are made in the staff report. Mr. Dorling stated staff recommends approval of the
request.
Michael Weiner, Weiner, Lynne & Thompson, P.A., 10 S.E. 1st
Avenue, Delray Beach, FL 33444 (representing the applicant), stated they have a
positive staff report and Boards that voted in favor of this. Mr. Weiner stated as Delray
was redeveloped there was some concern in the early 1990's as to whether or not
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buildings would actually be taken off the street and somehow something else be placed
between the street and the buildings themselves. He stated no one knew about the trend
of outdoor dining and then they found that dining on the sidewalks was becoming rather
crowded and this is an elegant solution to allow for some outdoor dining and it does not
offend any of the matters that are in place to keep in order to keep the buildings close to
the street and it meets all the requirements of the waiver.
Mayor McDuffie stated if anyone from the public would like to speak in
favor or in opposition of the waiver request, to please come forward at this time. There
being no one from the public who wished to address the Commission, the public hearing
was closed.
There was no cross - examination or rebuttal.
The City Attorney briefly reviewed the Board Order with the Commission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
Mr. Carney moved to adopt the Board Order as presented, seconded by
Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs.
Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes. Said motion
passed with a 5 to 0 vote.
9.B. REMOVAL OF A CONDITION OF APPROVAL TO THE
CONDITIONAL USE REOUEST/MILAGRO CENTER: Consider a request to
remove a condition of approval on the conditional use request for the Milagro Center to
get a Letter of Acknowledgement from the Florida Housing Finance Corporation stating
that they agree that amenities required for Villages of Delray multiple family residential
development could be utilized by the Milagro Child Care Facility located at 695 Auburn
Avenue. (Quasi - Judicial Hearing)
Lanelda D. Gaskins, Acting City Clerk, swore in those individuals who
wished to give testimony on this item.
Mayor McDuffie asked the Commission to disclose their ex parte
communications. Mr. Frankel stated he has previously spoken to the applicant and
counsel for the applicant. Mrs. Gray stated she has not had any recent communications
since this issue was last discussed. Mayor McDuffie stated he has placed telephone calls
to Brian Hinners and Cito Beguiristain to encourage them to join us so that all parties
would be in the room except for FHFC and spoke to a number of the Board members at
the Gala at the Mercedes -Benz dealership. Mr. Carney stated he had no ex parte
communications to disclose since the original approvals in October 2011. Mr. Jacquet
stated he had no ex parte communications to disclose.
Paul Dorling, A1CP, Director of Planning and Zoning, entered the
Planning and Zoning Department project files #2011 -202 & 2011 -128 into the record.
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Mr. Dorling stated this item is for removal of a conditional approval that
required a letter of acknowledgement from the Florida Housing Finance Corporation that
they agreed that the amenities required for the Village of Delray multi - family
development could be utilized by the Milagro Child Care use. He stated this conditional
use received City Commission approval on July 5, 2011, and the related site plan was
approved on October 12, 2011. Mr. Dorling stated both of those approvals had several
conditions of approval including the requirement for this letter of acceptance and that has
been an outstanding comment since July 5, 2011. The child care will occupy residential
amenities that were approved as part of Village of Delray and those same amenities were
required for those residents and outlined in the Florida Housing Finance Corporation
(FHFC) and provide verification that they are ok with this. Mr. Dorling stated on pages
16 and 17 of the agreement if there is any leasing of any building on that site that the
letter should be provided. Mr. Dorling stated all of the conditions have been met with the
exception of that item. Mr. Dorling stated with the condition being applied since July 5,
2011 he is not sure why the City has not received a Letter of Request into the Florida
Housing Finance Corporation and to his knowledge they have not asked for one. He
stated given that it is prudent and a reasonable condition staff recommends that the
condition stay in place. Mr. Dorling stated there was an article written and there was
reference to contact with the Florida Housing people and a representative from that group
had indicated to the press that she had in fact sent a letter. Mr. Dorling stated staff did
not receive that letter; however, if they did in fact write that letter then that is all staff
needs. He stated if staff gets a copy of that letter then the Commission does not have to
consider removing the condition because in fact it has already been addressed and asked
the Commission to consider that in their deliberations.
Mr. Jacquet asked when the letter was mailed. Mr. Dorling stated he is
not aware that the letter had been requested. He stated the people, the applicant, Auburn,
and the people from the Milagro Center have indicated that there is a timing issue and
they have not asked for it. Mr. Dorling stated he has not received the letter that the
Florida Housing Finance Corporation references by the newspaper.
Mr. Carney stated he received an email last Wednesday from the General
Counsel of that agency congratulating him on becoming Vice Mayor. Mr. Carney stated
that is not ex parte because he did not realize who it was and the issue was not discussed.
Mr. Carney stated he does not want to act on this if they are in fact producing a copy of
the letter.
Mr. Dorling stated if in fact there is a letter then producing the copy makes
the entire issue mute.
Mayor McDuffie stated he tried to call the FHFC today to see if they could
fax him a copy of the letter but he could not get through because he had seen that in the
Sun - Sentinel today.
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04/17/12
Brian Hinners, Auburn Group (applicant), stated he made numerous
contacts to the Florida Housing Finance Corporation (FHFC) and at the time they
informed him that they do not customarily write letters and is not something that they
normally do. Mr. Hinners stated he made numerous subsequent contacts to them as well
and they told him that they do not have a problem with Milagro occupying the space;
however, this is news and hopefully that letter is on the way.
Mrs. Gray stated she loves the Milagro Center but expressed concern
about there occupying the amenities that the residents are actually paying for. Mr.
Hinners stated the Milagro Center will serve residents and also participates from the
community. Mr. Hinners stated they will not be occupying the entire clubhouse; there are
thousands of square feet available to all the residents of the community. He stated the
Milagro Center is only occupying space for After School Programs from 4:00 -7:00 p.m.
and there is a teen program that is available for the residents as well. Mr. Hinners
reiterated that there is shared space available for all of the residents. He stated there will
not be any lease or transfer of interest in the property to the Milagro Center.
Michael Weiner, Weiner, Lynne & Thompson, P.A., 10 S.E. I"
Avenue, Delray Beach, FL 33444 (representing the Auburn Group), stated this has
nothing to do with health, safety or welfare and urged the Commission to allow the
Milagro Center. to move forward and give them some reasonable period of time for this
letter to show up and allow these services to be available to the neighborhood.
Ellyn Okrent, Executive Director of the Milagro Center, 1479 Estuary
Trail, Delray Beach, FL 33483, stated their only goal is to improve the outcomes of the
children in our community and they are joining forces with the Mayor's initiative to
improve the reading and academic scores of the children in this community. Ms. Okrent
stated there was a study done by the Children Services Council in 2010 and she has the
results of that on how our children our doing and their only purpose is to improve the
outcomes of the children which ultimately will improve the outcomes of this community.
She asked the Commission when they approve this exemption that they allow the Health
Department to determine the amount of children that can be using the center. Ms. Okrent
stated allowing them to serve the largest number of kids will allow them to improve the
results of the largest number of their children and also allowing them to move opens up
40 new slots. She stated the renter will be taking their old property and opening that
building to an additional 40 young children in the community that need their services.
Gregg Weis, Board member of the Milagro Center, stated this
exemption would allow them to produce the letter at a later date since it is in the process.
Kurt Knaus, 1479 Estuary Trail, Delray Beach, FL, asked for a waiver
of this requirement and the process has been a year in taking and they need to get 4 -5
different groups to actually agree with a letter that no one has ever written before.
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04/17/12
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.
Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane #2110, Delray
Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray
Beach and Member of the Alliance), stated he spends a lot of time at the Village and
the facilities have plenty of room. Dr. Kirson stated the residents are in favor of it and he
has had no objections whatsoever.
There being no one else from the public who wished to address the
Commission regarding this item, the public hearing was closed.
The following individuals gave brief rebuttals:
Mr. Dorling stated the hours of operation that the conditional use was
approved for is actually 2:15 -6:00 p.m. Monday - Friday and also from 8:00 a.m. — 6:00
p.m. on non - school days including the summer months. He stated this is what the
Commission has approved as a conditional use. Mr. Dorling stated the conditional use
was also specific to the number of children (43) so to allow additional children would
require a modification of that conditional use. Also, Mr. Dorling stated the City's LDRs
specifically identify outside play areas and internal play areas per child and those support
43.
Mr. Weiner stated the Milagro Center is not doing anything different than
what is required in the conditional use approval.
Mr. Frankel stated he wished the energies would be more spent towards
the kids at the Milagro Center. He is in support of this.
Mr. Jacquet stated that he is disappointed that no one contacted him on
this and he did not know the details except for what was in the report. Mr. Jacquet stated
he wished he had the opportunity to speak with the applicant on this issue because he
could have had a better understanding of it. Mr. Jacquet asked how long ago did this
condition for the letter come up. Mr. Dorling stated it was attached as a condition on July
5, 2011 and it was also attached as a condition at the October 12, 2011 SPRAB meeting.
Mr. Jacquet asked if we need the letter because there will be children using this center.
Mr. Dorling stated during the review they are utilizing the facilities that are provided for
the multi- family development and the Housing Authority gave them the money and there
is a requirement that those be provided for those residents. Staff just wanted a
confirmation that they could share them. Mr. Jacquet stated Mr. Weiss stated that there is
a letter but that it is in process. Mr. Jacquet recommended delaying this since the letter
has been written and the City has just not received it yet. Mr. Jacquet stated it is
premature to vote "yes" and it is unfair to the applicant to vote "no ".
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04/17/12
Mr. Carney concurred with comments expressed by Commissioner
Jacquet but he does understand Commissioner Frankel's point. Mr. Carney stated he too
would be in favor of delaying any action on this until the letter is produced that everyone
has said has been written.
Mrs. Gray asked if the Florida Housing Finance Corporation disagreed
with the shared use would the City know this. Mr. Dorling stated with the exception of
what he saw in the newspaper a couple of days ago he was unaware that they even knew
that this was in process. Mr. Dorling stated as far as the applicants indicated they are not
willing to go and ask for it. Mr. Dorling stated he was not aware that they had even
started the process and that was a concern for staff because it was a condition and it
seemed reasonable but there was no movement on it. Mr. Dorling stated if there has been
any movement on it as testified tonight he is not aware of it.
Mrs. Gray stated the Milagro Center does a wonderful job in the
community and she would like to see them move forward with the condition that they
provide a copy of the letter.
Mayor McDuffie stated in 2008 at a Milagro Gala he and his wife won a
door prize and she was thrilled and he was exasperated because he did not believe they
could take it. Mayor McDuffie stated he called the Ethics Commission in Tallahassee
and informed them of what happened and asked what to do. He stated they verbally told
him what to do and he then asked them to please email me that or send me a letter.
Mayor McDuffie stated it is 2012 and he still has not seen that letter. He stated things get
tied up in Tallahassee because they disappear into the bureaucracy up there. Mayor
McDuffie stated he understands this is now passing through a litany of lenders as well.
Mayor McDuffie stated he called the City Attorney today and asked what our liability
could possibly be if the Milagro Center moves into the Village. Mayor McDuffie stated
the answer he got was that anyone could probably sue us for any reason but 1 can't think
-of any liability that we would incur by allowing the Milagro Center to move in there.
Mayor McDuffie asked how the City sets that up as a condition on a private facility. He
stated no one seems to have seen this letter that Ms. Herrera has been writing about.
Mayor McDuffie stated we have a condition that should not be a condition. Mayor
McDuffie stated the Commission was concerned about how this developer was going to
perform when this whole thing got started
Mr. Carney stated they testified that they wrote the letter therefore they
should be able to produce it. He stated he is prepared to go forward with this if they
wrote the letter asking for confirmation. Mr. Hinners stated has his emails where he
requested from them the letter for the City for the approval which he distributed to staff.
Mr. Dorling stated now he is comfortable that they have attempted to do it.
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).
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Mr. Jacquet moved to adopt the Board Order approving the request for
amendment to the conditions of approval as set forth in Exhibit "A" by removing 46,
seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mrs. Gray —
Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes.
Said motion passed with a 5 to 0 vote.
At this point, the time being 7:22 p.m., the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
10. PUBLIC HEARINGS:
10.A. ORDINANCE NO. 14-12: Consider a Future Land Use Map amendment
(small - scale) from CMR (Commerce) to TRN (Transitional), rezoning from LI (Light
Industrial) to NC (Neighborhood Commercial) and text amendment modifying the
description of the TRN (Transitional) Future Land Use Designation to restrict the use on
the property to nonresidential development at a maximum FAR of 0.25 for 10th & l Oth
Center, located at the southeast corner of S.W. 10th Street and 10th Avenue. (Quasi -
Judicial Hearing)
office.)
The caption of Ordinance No. 14 -12 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA
ADOPTING A SMALL -SCALE COMPREHENSIVE
PLAN AMENDMENT, PURSUANT TO THE
PROVISIONS OF THE "COMMUNITY PLANNING
ACT ", FLORIDA STATUTES SECTION 163.3187,
INCLUDING A SMALL -SCALE FUTURE LAND USE
MAP AMENDMENT FROM CMR (COMMERCE) TO
TRN (TRANSITIONAL) FOR LAND LOCATED AT
THE SOUTHEAST CORNER OF SW 10TH STREET
AND SW 10TH AVENUE, AS MORE PARTICULARLY
DESCRIBED HEREIN, AND AN ASSOCIATED TEXT
AMENDMENT MODIFYING THE DESCRIPTION OF
THE TRN (TRANSITIONAL) FUTURE LAND USE
DESIGNATION PERTAINING TO SAID LAND; AND
REZONING AND PLACING SAID LAND PRESENTLY
ZONED LI (LIGHT INDUSTRIAL) TO NC
(NEIGHBORHOOD COMMERCIAL) DISTRICT;
AMENDING "ZONING MAP OF DELRAY BEACH,
FLORIDA, JANUARY 2012 "; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 14 -12 is on file in the City Clerk's
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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.
Lanelda D. Gaskins, Acting City Clerk, swore in those individuals who
wished to give testimony on this item.
Mayor McDuffie asked the Commission to disclose their ex parte
communications. Mr. Frankel stated he spoke with the attorney for the applicant. Mrs.
Gray stated she spoke to the attorney for the applicant. Mayor McDuffie stated he spoke
to Mr. Zengage and his attorney. Mr. Carney stated he spoke to the applicant. Mr.
Jacquet stated he spoke to the attorney (Bonnie Miskel) for the applicant.
Ron Hoggard, AICP, Principal Planner, entered the Planning and Zoning
Department project files #2012 -080 and #2012 -081 into the record.
Mr. Hoggard stated this property and the area to the south that was known
as the Wallace Drive Industrial Area was annexed into the City in 1988 with the Enclave
Act. He stated that area in 1989, when the City did its Comprehensive Plan, was
designated as Redevelopment Area #2 and the City did not designate specific Comp Plan
Future Land Use Map designation and it was going to be done at a later date when a
redevelopment plan was done. Mr. Hoggard stated the Redevelopment Plan was written
in 2004 and recommended a land use designation of Commerce and rezoning of the
parcel and the area that is on the east side of l Otn Street and Wallace Drive from R -1 -A
single family to Light Industrial (LI). He stated those rezoning and land use changes
were approved in 2004. Mr. Hoggard stated as part of the Redevelopment Plan there
were several LDR text amendments done; one was to create the Wallace Drive Overlay
District for the area east of Wallace Drive and within that area which was to be zoned
Light Industrial (LI) the development standards were changed to reduce the minimum
development area lot size and lot dimension and tenant space. Mr. Hoggard stated staff
wanted the development standards of the MIC district which are less onerous because
you would have to put more properties together and if you could not aggregate the
properties it would be an issue because of the minimum size requirement for properties.
He stated they did not want the land uses in the MIC because it is adjacent to residential
and the church; and MIC has some other uses that they thought would be detrimental to
those other uses mainly automotive repair type uses. Mr. Hoggard stated the Overlay
District was created and the development standards for the LI (Light Industrial) were
modified to be consistent with the MIC District. Mr. Hoggard referenced a piece to the
south and stated this got a Site Plan Review and Appearance Board approval in 2004 for
the House of Floors. He stated that project has not come to fruition and that project has
had four site plan extensions and the current extension expires in 2013. The current
proposal is to do away with that and to develop a neighborhood commercial center at this
location. Mr. Hoggard stated the action before the Commission would change the Future
Land Use Map Designation from Commerce to Transitional and the rezoning from Light
Industrial (LI) Neighborhood Commercial would be required to accomplish that. Mr.
Hoggard stated the next item on the Agenda is the modification of the redevelopment
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plan which supports the proposed land use and zonings because the current Wallace
Drive Plan does not and is also to be modified. In addition, Mr. Hoggard stated at a later
date there will be modification of the land development regulations asking for changes to
the standards for the NC (Neighborhood Commercial) District to modify the setback
requirements. He stated the current land use designation is CMR (Commerce) and the
requested is (TRN) Transitional. Also, Mr. Hoggard stated the small scale plan
amendment is doing a text amendment that would limit the development on the property
within the transitional area. He stated this shows that our current Future Land Use Map
designation, Concurrency, and the future with the change would be appropriate and we
would not exceed the traffic levels. Mr. Hoggard stated there are a number of required
findings for the project: LDRs Chapter 3 Findings which relate to Future Land Use Map,
Concurrency, Comprehensive Plan, Consistency, and Compliance with the Land
Development Regulations. Mr. Hoggard stated the zoning and the Future Land Use Map
are being done at the same time and those two designations are compatible with each
other. He stated when they come in for site plan approval they will be requesting a
change to the land development standards in this area and that went to the Planning and
Zoning Board and they recommended approval last night. He stated they reviewed the
concurrency at the highest intensity it could be developed in here which would be a
neighborhood commercial center at the .25 FAR which would realize 16,220 square foot
of retail space. Mr. Hoggard stated for all of the utilities, traffic, parks and recreation is
not an issue in that area with that solid waste, etc. so concurrency is not a problem. Mr.
Hoggard stated the only issue is consistency with the Comprehensive Plan. He stated the
first thing in the Comprehensive Plan is Future Land Use Element Policy A -1.7 which
states that FLUM Amendments must be based on supportive data analysis that
demonstrate need and the applicant has provided a detailed demonstration of needs
statement. Mr. Hoggard stated at this time because of the economic downturn it is
difficult to attract tenants, difficult to obtain financing for LI (Light Industrial). The
approved light industrial developments in the area have had a hard time developing and
they have not been able to get the "House of Floors" Project off the ground. Mr.
Hoggard stated these are going to be long lasting negative conditions and they are not
going to support increased industrial development in the future. Mr. Hoggard stated in
evaluating that the City looks at Future Land Use Element Objective A -1 which states
"Property shall be developed or redeveloped, in a manner so that the future use, intensity
and density are appropriate in terms of soil, topographic, and other applicable physical
considerations; encourage affordable goods and services; are complementary to and
compatible with adjacent land uses; and fulfill remaining land use needs." Mr. Hoggard
stated this is vacant property so there is no problem with soil or topographic conditions.
The proposal at this time is to put a dollar general store here and that would promote
affordable goods and services. He stated the issue is with fulfilling remaining land use
needs and referenced Future Land Use Element Policy A -1.3 that states "The Commerce
land use designation, which involves a mix of light industrial, commercial uses, and
research and development, is the most needed land use during the City's final stage of
build -out. Thus, changes to the Future Land Use Map, which diminish this land use, are
discouraged." Mr. Hoggard stated this is a long -range scenario with the redevelopment
plan and there was no timeline put on when this would have to be developed. He stated
the City only has 374 acres in the industrial land use category with IND (Industrial) and
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CMR (Commerce) and represents 3.7% of total developable area. Mr. Hoggard stated the
applicant's justification statement included data that the City of Boca Raton reduced its
light industrial by 25% between 1989 and 2005. He stated their 2005 figure is 6.45% and
is 75% higher than the City's figure of 3.7 %. Since the Redevelopment Plan was done in
2004, we reduced a significant amount of industrial property along the Congress Avenue
Corridor including the MROC District. Mr. Hoggard stated staff's position is supported
by the Palm Beach County's Light Industrial Land Use Study "Whitepaper" and "Land
Use Toolkit ", prepared by Swiger Consulting in December 2007 which recommends the
retention of Industrial properties. Mr. Hoggard stated they recommended that the
municipalities in the County develop Comp Plan policies to retain industrial land uses to
the greatest extent possible. The applicant also provided that the population projections
in the City's EAR based amendments which was our latest population updates it showed
a population estimate for 2010 of 65,781 and in fact the 2010 population came in with a
census of 60,522. He stated their statement is that with the reduction in population we
need less industrial property. Mr. Hoggard stated the 2010 census had a housing vacancy
rate of 20.4% compared to 15.5% in 2000 because of all the foreclosures, people moving
in with other family members, etc. He stated when you apply the household figures of
2.2 persons per unit that would add an additional 3,672 people to the households and we
would only be within a 1,000 of that estimate in 2008_ Mr. Haggard stated once this
vacancy rate comes back to normal and when we are finished with this major downturn in
the housing crisis staff believes that will accommodate that. He stated there has been an
increase in residential development since adoption of the Wallace Drive Plan specifically
the 445 units that have been approved in the Village of Delray and Village Square to the
north. Mr. Hoggard stated when the redevelopment plan was done he noted that there
were 200 units at Carver Estates which were damaged by Hurricane Wilma in 2005 and
have since been demolished. Mr. Hoggard stated the Comprehensive Plan text
amendment restricts the FAR to .25 and that is being done to keep the traffic concurrency
to make sure we limit the traffic to what we have now. He stated there are a number of
standards that are required for rezoning and the one that applies is Section 3.2.2(D)
(Standards for Rezoning Actions): "That the rezoning shall result in allowing land uses
which are deemed compatible with adjacent and nearby land use both existing and
proposed; or that if an incompatibility may occur, that sufficient regulations exist to
properly mitigate adverse impacts from the new use." Mr. Hoggard referenced Section
2.4.5(D)(5) ( (Rezoning Findings) and stated two of these apply: Section 2.4.5(1))(5)(b)
"That there has been a change in circumstances which make the current zoning
inappropriate." He stated this is based on the applicant's justification statement and they
said there has been a change in circumstances basically the economic downturn and the
additional residential development that has been built. Mr. Hoggard stated the second
one that applies is Section 2.4.5(1))(5)(c) "That the requested 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 this site and/or neighborhood. Mr.
Hoggard stated they are saying it is more appropriate because there is a need for
additional neighborhood commercial to support the residential development in the area.
Staff feels it is more important to maintain the Commerce designation. He stated
courtesy notices were sent out and IPARC notice and public notices were sent to
everyone with a 500' radius. Mr. Hoggard stated staff has not received any written
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comments to this project. Based on staff s analysis staff feels the changed conditions are
not sufficient to warrant approval of the proposed FLUM modification which will reduce
the amount of land in the Commerce FLUM designation. Mr. Hoggard stated it is in
direct conflict with Future Land Use Element A -1.3 which states that the reduction
should be discouraged. He stated the Planning and Zoning Board reviewed this on March
19, 2012 and recommended approval of these changes as well as the Future Land Use
Map amendment. Staff recommends denial of this ordinance.
Bonnie Miskel, Land Use and Zoning Attorney, 5355 Town_ Center
Road, Boca Raton, FL (representing the petitioner), stated she has been practicing for
20 years and specializes in land use and zoning and has been qualified in quasi-judicial
proceedings as an expert. Ms. Miskel stated the issue is whether this application fulfills
the future land use needs of the city. She stated in 2004 when staff was looking to
replace some of the industrial lands that they lost on Congress Avenue that they chose
this land because it was relatively vacant and it was not doing much compared to a lot of
other places in the city that were thriving so it was a reasonably good target and if you
tried to use the criteria that you need to prove today that you have justification for a land
use change you would not of found it back then. Ms. Miskel stated if you look at the
surrounding there is a substantial retention area to the south and then you have multi-
family residential. She stated everything east of S.W. 100` is residential or residential
serving uses. There is a church immediately east, a cemetery immediately north,
residential all around as far as the eastern portion. Ms. Miskel stated this parcel is an
isolated parcel that is undeveloped and what is developed east of S.W. 10th is residential.
Ms. Miskel stated their position is they do not feel that industrial is right.
Cecelia Ward, JC Consulting, Boca Raton, FL (representing the
applicant Jim Zengage), stated she has more than 30 years of experience in Planning,
Zoning and Land Development and has been certified as a member of the American
Institute of Professional Planners for more than 20 years. Ms. Ward stated she has served
both private and public sector; 15 of those years has been representing municipalities.
She stated for ten years she was Planning, Zoning and Building Director with the City of
Fort Lauderdale and primarily responsible for updating the City's entire Land
Development Code which was 40 years out -of -date when she came on board with that
city and also to update its Comprehensive Plan. Ms. Ward stated one of the key factors
she saw in doing that was to make sure that they responded to the changes of conditions
that have occurred over a period of time both the existing development that occurred as
well as changes in market conditions that have occurred over time as appropriate when it
comes to long -range planning. She stated she also served as the Assistant Director of
Strategic Planning for the City of New York. Ms. Ward stated she served as Planner
Commissioner for the Town of North Hempstead located in Long Island and worked on
several vision plans, master plans, community area plans, and led the charge for making
sure that these long -range plans were up -to -date and were in keeping with what was
occurring over time. Ms. Ward stated she established her private consulting firm in 2006
and since then she has represented numerous private developers, private property owners,
and local southeast Florida municipalities on land use, zoning, and land development
issues. She stated when looking at all the factors including the market trends that it is
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appropriate to determine when the appropriate time and where the appropriate place is for
making a change to a long -range plan. Ms. Ward stated this is specifically an appropriate
location for the proposed change to allow for the transitional commercial in this area and
the neighborhood commercial use as was discussed. She stated it is surrounded by a
significant amount of residential development. Ms. Ward stated in 2004 with land use
and zoning for residential was in place and an additional 200 residential units had been
developed since 2004. She stated this is an important factor and in 2004 when the land
use was changed to allow the Light Industrial at this location. Ms. Ward commented
about the convenience store that is located west of the subject property and stated with
regard to this Future Land Use amendment and rezoning request is not to accommodate
another convenience store; it is to accommodate a grocery store that provides for variety
of retail both from food items, household items, all types of other items that you do not
find in a convenience store. Ms. Ward stated "spot zoning" in the planning industry is a
spot of a zoning type that is placed within the middle of an area that has no relationship to
its surroundings and is totally out of context with its surroundings. She stated this site is
very difficult to access for an industrial type of vehicle and that is why it has struggled
for 8'/2 years in trying to attract a type of light industrial type of development in this area.
Ms. Ward stated she went out to see at this hour if she saw people walking within the
vicinity and she counted 5 -6 people walking from the neighborhood along S.W. 10t`
Street and counted 4 vehicles pulling into the convenience store to the west. She stated
as Ms. Miskel noted they are talking about providing a site for redevelopment for a retail
type of use that is accessible for the pedestrian and more logically accessible for a
vehicular type of access yet incurs more of that pedestrian activity in the neighborhood.
She stated with regard to the Wallace Redevelopment Plan it says "specifically to
enhance employment for manufacturing, assembling, storage, and distribution." Ms.
Ward stated that has not come to fruition on this site and looking at the statistics for the
City of Delray Beach's leading industrial industries do not include manufacturing,
assembly, storage and distribution; it is actually the retail and other types of use that the
city has here. Ms. Ward commented about the Pahn Beach County's Light Industrial
Land Use Study "Whitepaper" and "Land Use Toolkit ", prepared by Swiger Consulting
in December 2007 and stated all of the sources of information was based on Northeast,
Midwest and primarily west cities of the United States. She stated the only city in
Florida that the study referred to was Orlando and it was for the purpose for fast -track
permitting not about industrial trends_ With regard to the population issue, Ms. Ward
stated the Plan talked about a 10% increase in population by 2015. She stated planning
documents need to be based on population demands and if that population number is
significantly different from what has actually occurred by a census number which showed
only a 1% increase that is really a significant issue. Ms. Ward stated based on her
Planning and Zoning expertise the request of the land use change from Commerce to
transitional is appropriate and is at the appropriate time and location and the change for
rezoning from LI (Light Industrial) to NC (Neighborhood Commercial) is the most
appropriate type of zoning designation for this subject property.
Jim Zengage, 1120 South Federal Highway, stated they have had this
property for 6 -8 years four extensions and no activity on it. Mr. Zengage stated on
Wallace Drive they built the Wallace Drive Commerce Center (40,000 feet of
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warehouses). He stated three were sold at discounts and three are rentals. Mr. Zengage
stated he would love to get something going in this area that will spur additional growth.
Mayor McDuffie stated if anyone from the public would like to speak in
favor or in opposition of Ordinance No. 14 -12, to please come forward at this time.
Zerlean Williams, 513 S.W. 6th Street, Delray Beach FL 33444
(representing Rosemont Park/Rosemont Garden Homeowners' Association east of
the location that they would like to build the store), stated she appreciates that Mr.
Zengage would like to bring something new to the neighborhood but asked him to save
their backdoor. Ms. Williams stated they have narrowed the traffic that is on Atlantic
Avenue and they are the heart of that area and within that area they have lots of people.
She stated they are also building apartments there and they are the religious belt of
Delray Beach because they have lots of churches, the Milagro Center, Pine Grove
Elementary, and the sober houses. Ms. Williams stated they would like a break. She
stated 4th Avenue is a thoroughfare to Linton Boulevard and everyone uses 4th Avenue as
a straight-thm by -way to go to Linton Boulevard. Ms. Williams stated if you take S.W.
8th Avenue to S.W. 10th Street she lives in the middle of that. She stated Monday -Friday
is school every day, Sundays there is church on every street and sometimes up to three.
Ms. Williams stated their Sundays are locked in and there are funerals every day at the
cemetery and Saturdays they are locked into their neighborhood. Ms. Williams stated
when you try going out to Atlantic Avenue they get the busy traffic of Atlantic Avenue
and referred to the Delray Affair as a good example where they had to go to their
backdoor. Ms. Williams stated if they put a store at the corner of S.W. 10th Street there is
going to be more traffic, a box store, and a larger store. She stated there are many
neighborhood stores such as Linton Boulevard, Delray Mall, and Congress Avenue. Ms.
Williams stated the residents do not need another store and urged the City to let them to
remain that way.
Owner of the Convenience Store (name unknown), lived in Delray
Beach since 1988, thanked Mr. Zengage for purchasing this property so that he can use it
for a good purpose for the community and the city. He stated he moved from California
and had three stores in Delray in 1993. He stated they have tissues for .50 and items for
$1.00 and they carry everything from stamps to school supplies, beer, wine, t- shirts, etc.
He stated he also carries quality merchandise for groceries. He stated he recently lost
approximately 200 customers and thanked the city for improving the city quality of life
and quality of improvement happened. He stated he hopes Mr. Zengage to use this
property for a better purpose such as an apartment building or donut shop or something
else but not a dollar store.
Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane #2110, Delray
Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray
Beach and Member of the Alliance), stated Mr. Zengage just wants to put a store there
to make shopping convenient for the neighborhood.
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Betty Goodman, 930 S.W. 11th Terrace, Delray Beach, FL 33444 (has
lived in Delray Beach for 40 -years), stated she has been in the store on the corner that
the owner talked about but she prefers to go to the regular grocery store because
everything is very expensive in that store. Ms. Goodman stated we do not need another
dollar store because two people are employed in that store on Congress Avenue. She
stated this will add to the congestion because there will be apartments built on 12th and
the new development they built by Carver and the cemetery. Ms. Goodman stated the
neighborhood has lots of traffic and suggested that something else be built there besides a
dollar store.
Mark Gregory, former member of the Site Plan Review and
Appearance Board (SPRAB), stated he has been in this neighborhood for 25 years and
has owned shops and businesses in that community. Mr. Gregory stated this would be a
nice transition instead of a warehouse on that corner and he would use this business.
Natalie, Property Manazer of the Groves of Delray, stated they are a 62
year old plus senior community and a lot of the seniors do not have vehicles and they
have transportation once a week to the grocery store but if they need to get out during the
week to pick something up that they either forgot or needed, this would be helpful for
them to be able to come out of the property and walk a little ways up to get what they
need. She stated they are in support of having the Dollar General Store up the street from
them.
Francisco Perez -Azua, local resident and has practiced architecture in
Delray Beach for 20 years and has had his own firm for the past 16 years, stated he is
in support of light industrial properties in the city. However, Mr. Perez -Azua stated in
the boom when they were designing light industrial buildings they had the opportunity to
do a lot of the tenant or owner permits to these buildings. He stated they filled them up
with professional office space, call centers, a charter school in one of them, etc. Mr.
Perez -Azua stated there is a need for light industrial for the city but we have to keep
things into perspective. Mr. Perez -Azua stated he supports this project and does not think
it is a big loss in the terms of the light industrial.
Kathy Khidirian Broker /Owner of H &B Commercial, stated she is in
favor of the change and commented about the light industrial available space. She stated
there is quite a bit of empty space in Delray Beach. For example, she stated 250
Congress is vacant (9,000 square feet), 1515 Congress (6,500 square feet), and 1,100
S.W. 10'h Street (11,000 square feet). She expressed concern over the foreclosures that
are coming on because typically the owner /users mortgaged with balloon payments so in
ten years which the light industrial condo boom was in 2003/2004 so 2013 those balloon
payments are coming due. The property values are depreciated, the loan amount exceeds
the value, they cannot refinance and they are walking away. She stated this will bring
even more vacant industrial space.
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Christina Morrison, 2809 Florida Boulevard #207 Delray Beach, FL
33483 (commercial realtor in Delray Beach, immediate past President of the
Realtors Commercial Alliance, on the Board of the Florida Realtors and the Board
of Realtors of Palm Beach County), and gives expert testimony at the County level,
stated she has a report that shows that presently in Delray Beach there is over 100,000
square feet vacant light industrial which was the zoning on Mr. Zengage's property for
the current intended use. Ms. Morrison stated this property has sat vacant for six years
without a user coming. She stated light industrial use of it is suspect to begin with
because tractor trailers that have to get back here to go back on 1 -95 and they have to
come south to get to I -95 because to go north tractor trailers are not allowed to go
through the private neighborhood that gets you to Atlantic Avenue. Ms. Morrison stated
trucks would have to go south to get onto Linton Boulevard to go back to 1 -95. She
stated in order to get back to go south the tractor trailers would have to cross active traffic
that is heading east if they want to get back on I V' and circle back here or they have to
cross active traffic on Wallace Drive and 10th to get back to IOth so either way the trucks
would be having to cross over opposing traffic which would be a dangerous situation for
deliveries and other types of traffic that come into industrial/light industrial properties.
Ms. Morrison stated with regard to the vacancy rate throughout southeast Florida on light
industrial properties it is running about 14% although new companies are opening up
there are also companies that are contracting or closing down still so there is still steady
absorption at this point. Ms. Morrison stated in addition to the 100,000 square foot which
is vacant and there are also several other 52,000 square feet in the immediate surrounding
area in Delray Beach that is shovel ready. Ms. Morrison stated her owners hardly support
Mr. Zengage's change to make this into a commercial center.
Pablo Del Real, 521 Southridge Road, Delray Beach, FL 33444 (off
S.W. 4th Avenue on the west side), stated as the other residents of that neighborhood
said this evening they do not support this change for this property for the following
reasons: (1) a local business owner is there with an operating business and the proposed
business owner is an out -of- town/out -of -state entity whether it is a Dollar Store or
somebody else which is a distribution point for a distant business -so the local economy
aspect would favor the light industrial zoning, (2) convenience; Ms. Miskel commented
about walking to a store with her young child and Mr. Del Real asked about the ability to
walk to a job in Delray Beach and provide that with light industrial and add several jobs
not just the two jobs at the Dollar Store on Congress and the ability for a working mother
or father to go home for lunch and spend time with their children, and (3) access; on S.W.
0 Avenue there is a lot of light industry and there is not an issue with those businesses
there; there is a marine center, a screen enclosure company, and a roofing company. Mr.
Del Real urged the Commission to retain the light industrial zoning on this and reject this
request. He stated the neighborhood could use more industry and less convenience.
There being no one else from the public who wished to address the
Commission regarding Ordinance No. 14 -12, the public hearing was closed.
The following individuals gave brief rebuttals:
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Mr. Hoggard stated that there were comments that there is no industrial
market at the moment and asked how there is a market for anything with the economic
downturn. He stated this is surrounded by quite a bit of commercial development. Mr.
Hoggard commented about Ms. Morrison's statement about the vacancy rate on light
industrial properties being 14% and asked what the vacancy rate is for commercial
property. He stated the population growth that we did not get does not support the
additional industrial development. Mr. Hoggard stated if all of the land use needs are
based on population then it does not support any commercial development either and
does not believe that this is relevant. He stated the amount of this area was already
planned for residential development when the Plan was done and Carver Estates went out
and a new development came in. Mr. Hoggard stated we are back to where we were plus
an additional 200 units and there is not a whole lot of difference in the area. Staff
recommends not making the change.
Ms. Miskel stated the meaning of Neighborhood Commercial (NC) is that
it serves the neighborhood; it differs from General Commercial (GC) such as the Target
and other locations in the city where you have large shopping centers that serve the
general population. She stated the purpose of the Neighborhood Commercial has become
so important to South Florida is that it removes traffic off the road. Ms. Miskel stated it
is not a dollar store; this is Dollar General which is very different than a regular dollar
store because it is larger and they sell both grocery and non - grocery items. The Dollar
General has between 8 -14 employees so it is an equal employment generator. Ms. Miskel
stated should the Dollar General be approved in addition to that there would be another
2,500 -3,000 square foot of other retail that you could have a sub -store (i.e. hoagie/donut,
etc.) something to serve the neighboring community so that they could walk there. She
stated traffic is a reality in South Florida and feels the city is not going to improve their
traffic situation by waiting for industrial to come in and bring those trucks through that
neighborhood. Ms. Miskel stated this is less compatible than a car or two that one might
see at this particular Neighborhood Commercial (NC). Ms. Miskel stated the
Comprehensive Plan is intended- to serve the population now and in the future. She stated
the City's population was not what was anticipated and noted it was a good guess years
ago. Ms. Miskel stated this is the only node that is not residential serving in this area and
Light Industrial (LI) is not appropriate.
Mr. Jacquet asked what the definition of spot zoning is. Mr. Hoggard
stated spot zoning would be zoning that is applied in an area that is completely
surrounded by other zoning; it really does not fit in with the area at all and is independent
by itself. Mr. Hoggard stated staff does not agree that this is spot zoning because the
nature of Neighborhood Commercial (NC) is to be a self - contained little neighborhood
commercial zoning that is next to residential neighborhoods to supply there. Mr. Jacquet
stated he feels we could do something better with that corner other than Light Industrial
(LI) zoning. However, Mr. Jacquet stated a Dollar General may not be the right thing for
that corner and he is torn as to whether that is the right change for that particular
neighborhood. Mr. Jacquet stated traffic is a problem everywhere and noted that he
supports local businesses. However, Mr. Jacquet stated we need something in that corner
and reiterated that he is torn on this issue.
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Mrs. Gray stated she has spoken to the residents to the south of this
proposed property and they are in favor about having to walk to a store where they can
actually receive groceries or any other type of items that they need. Mrs. Gray stated in
this community there are about 5 -6 convenient stores and welcomes this Dollar General
because of the prices that these convenient stores have. She stated having some
competition is healthy although there are some traffic issues to deal with. Mrs. Gray
stated since she raised her children in this community that piece of property for years has
been just the way it is right now. She feels this will beautify the area and sidewalks will
be added because currently there are none. Mrs. Gray stated she has also spoken to
neighbors north of that piece of property at the Villages who welcome walking to a
location. She stated in the next year or so we will be having approximately 200
additional properties coming on board with the Housing Authority so we will be gaining
those pieces of property back. Mrs. Gray stated she is favor of the transitional use and
does not see any light industrial ever coming in that particular piece of property and we
do some type of redevelopment there.
Mr. Carney concurred with comments expressed by Commissioner Gray.
He stated he has a fundamental belief that if a property has no activity with the current
zoning it is probably not zoned correctly. Mr. Carney stated he is very sympathetic to the
increased traffic issue. He stated when this was first raised a couple weeks back he went
around 3:30 p.m. and the school was letting out up the street and there is a lot of foot
traffic and a lot of kids walking around that are young and that needs to be a concern with
any increase in density of traffic. Mr. Carney stated he does not see this corner being a
Light Industrial (LI) corner. He stated he appreciates the issue with the store across the
street and feels this store is doing a great job and has a good business there. Mr. Carney
stated the kind of clientele that would go to the immediate corner store would be different
than those that would go to Dollar General. Mr. Carney stated as it relates to this
neighborhood it will serve this neighborhood but that we need to pay attention to the
increase in traffic that is going to be generated but he does not see it becoming a Light
Industrial (LI) in the near fixture and we need to deal with this issue now.
Mr. Frankel concurred with comments expressed by Commissioner
Jacquet in that he is very much in the middle. Mr. Frankel stated he has heard both sides
of the presentation and this situation reminds him somewhat of another area where they
had an overwhelming turnout of neighbors vehemently against a project. Mr. Frankel
stated while we do not have the same outpouring to him there is enough that gives him
concern about the proposed use and for that reason he is going to side with staffs
recommendation and vote "no".
Mayor McDuffie stated he lives to west of I -95 on the south side of Linton
Boulevard and he drives to Jog Road to find a supermarket. He stated Mr. Zengage
approached him a year ago about this and given the neighborhood he felt the neighbors
would embrace this because essentially there is not service of that type anywhere near
them. Mayor McDuffie stated he was deer hunting in a town in Ohio and drove across
town and went into a Dollar General store. He stated it was spotlessly cleaned, beautiful,
and much cheaper than Publix. Mayor McDuffie stated he was used to the old dollar
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stores that were essentially "shoddy" merchandise and this is not the same. Mayor
McDuffie stated when he went through the store he thought to himself that it would be
nice if we had some of these down our way because they are not the size of a gigantic
Publix but yet they have a tremendous amount of stock, very clean, and good prices. He
stated the Villages are built just above there and Carver Estates is being rebuilt and on
three sides of this is residential. Mayor McDuffie stated he works a great deal with the
people at the County and the Business Development Board and we have and he sits
through lots of meetings with site selection people who come in from out -of -town
looking for places to relocate business. He stated it is a huge deal to try to find someone
who is in the industrial business to relocate to the City of Delray Beach. Mayor
McDuffie stated it is a great amenity for that community and does not think industrial
belongs on that corner as well.
Mrs. Gray moved to adopt Ordinance No. 14 -12 on Second and FINAL
Reading, seconded by Mr. Carney. Upon roll call the Commission voted as follows:
Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — No; Mr. Frankel — No; Mrs.
Gray — Yes. Said motion passed with a 3 to 2 vote, Commissioner Jacquet and
Commissioner Frankel dissenting.
At this point, the time being 8:41 p.m., the Commission moved to Item
7.A., Presentations.
7.A. Representative Lori Berman — Update on Legislative Session
Lori Berman gave a brief update on the Legislative Session and stated
today the Governor signed the budget and she did not vote for the budget this year
because there were significant cuts to education and healthcare. Ms. Berman stated there
are other things that could be done to look at revenue sources and not had the kind of cuts
that they have. Ms. Berman stated their secondary constitutional duty was to redistrict
which is done once every ten years. Ms. Berman stated in terms of the new house maps
there are some significant changes to Delray Beach and one of those changes is she will
no longer have any of Delray Beach in her new district. She noted that three
representatives will have Delray Beach. Ms. Berman stated in terms of the Senate district
Delray Beach may only have one senator if the Senate districts stay the way they are
there is one senator that will have mostly Boca Raton, Delray Beach, Boynton Beach, and
a little piece that goes into Broward County.
10.A.1. AMENDMENT TO THE REDEVELOPMENT PLAN/WALLACE
DRIVE: Consider approval of an amendment to the Wallace Drive Redevelopment Plan
to allow neighborhood commercial retail and service uses as a principal use at 10th &
10th Center located at the southeast corner of S.W. 10th Street and S.W. 10th Avenue.
Ron Hoggard, AICP, Principal Planner, stated this amendment supports
the changes that the Commission just approved. Mr. Hoggard stated it sets forth the
zoning and the land use for this area which was originally approved for the Light
Industrial (LI) and this supports the change that the Commission just made. Staff
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originally recommended not approving this; however, in light of the Commission's
decision for Ordinance No. 14 -12. Mr. Hoggard recommended that the Commission
approve this.
Mrs. Gray inquired about the restrictions and not having a 24 hour store
open there and the sale of alcohol. She asked if there are conditions that the Commission
can use to make sure that some of those things will not happen on that piece of property.
The City Attorney stated he does not think there is any way to impose something like that
on them. The City Attorney stated the Commission passed the zoning.
Ms. Miskel on behalf of the applicant stated she spoke with Commissioner
Gray and her concern was about the possibility of the convenience store being located at
this site and that the City did not need another convenience store. She stated the State of
Florida adopted some legislation called the Convenience Store Security Act and they
specify what a convenient store is. Ms. Miskel stated one of the things that are unique to
a convenient store is hours of operation and the sale of alcohol. She stated the City's
Code protects the City from this because the City has a limitation on the distance between
a religious facility and the sale of alcohol.
Mr. Zengage stated he spoke to the representative for the company and he
asked what the hours of operation are and they informed him that in most stores it is 8:00
a.m. — 9:00 p.m. in South Florida and a few stores 8:00 a.m. — 10:00 p.m. Mr. Zengage
stated he has a lease and now he can report that the action is going forward.
Ms. Miskel stated if that fell through tomorrow and another neighborhood
commercial use came in, in order to do the 24 hours the City has a requirement that they
must come through for a conditional use approval. She stated the Commission has the
opportunity to look at something like that on a case -by -case basis to determine whether in
fact it is compatible. The City's Code protects the City from being able to evaluate
whether a use is appropriate. The City Attorney stated the latest they would be able to
operate is midnight.
Mayor McDuffie declared the Public Hearing open. There being no one
from the public who wished to address the Commission regarding this item, the public
hearing was closed.
Mr. Carney moved to approve the Amendment to the Redevelopment
Plan/Wallace Drive, seconded by Mrs. Gray. Upon roll call the Commission voted as
follows: Mr. Carney — Yes; Mr. Jacquet - No; Mr. Frankel — No; Mrs. Gray — Yes;
Mayor McDuffie — Yes. Said motion passed with a 3 to 2 vote, Commissioner Jacquet
and Commissioner Frankel dissenting.
11. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS FROM
THE PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS.
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1 LA. City Manager's response to prior public comments and inquiries.
Doug Smith, Acting City Manager had no response to prior public
comments and inquiries.
11.B. From the Public.
11.B.1. Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane #2110, Delray
Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray
Beach and Member of the Alliance), commented about a hearing in court yesterday
regarding the Caron Foundation vs. the City of Delray Beach and stated the City will lose
somewhere along the line and it is just a matter of how far it goes. Dr. Kirson asked if
the City has $4 million that we could go the distance with this type of case. He stated the
Caron Foundation has $4 million and they put it aside for this case. He stated the Beach
Property Owners' Association (BPOA) came and approximately 125 of them were
furious about the fact that the Caron Foundation opened in a residential area. Dr. Kirson
stated if the City raises the millage to get the money to fight this case and if the City
raises the property taxes there will be 2,000 people in here to say "we do not want our
taxes raised" and noted these people will have to pay thousands more. He stated
residents from the northwest/southwest section came in and were against the fire
assessment fee. Dr. Kirson asked what is going to happen when the City hits them with a
$200 a year increase to pay for the fight against the Caron Foundation. He stated this
cannot happen because residents do not have the money. Dr. Kirson suggested that the
City take the offer to give a waiver on the three transient housing bills that we passed so
that we can stop our losses. Dr. Kirson stated our intent was never to deal with transient
housing but the intent was solely to reduce sober housing. He reiterated to give them the
waivers and look for another avenue to fight the problem.
11.B.2. Christina Morrison 2809 Florida Boulevard #207 Delra Beach FL
33483, thanked the Commission for a great Delray Affair and there were approximately
300,000 people in attendance, almost no incidences and there was no negative impact to
the City's budget for that event and it was 100% funded by the event. Ms. Morrison
displayed a chart that showed the decrease in revenues from the year 2000, the City's
budget was $102.77 million and this year the City's budget is $93.03 million. She stated
that is about over a $9 million decrease and no one noticed it until this year. She stated in
July 2011 there was a perception that there was a $3.2 million shortfall and the
Commission received a memo from the City Manager dated October 17, 2011, that shows
a monthly financial report for the year end that shows there is a surplus of $2.17 million
for the year. Ms. Morrison stated in October 2011 that the departments cut $1.7 million
out of their expenses. She stated in February 2012 the City Manager reported that he
found $3.5 million and that the City did not have to raise the fire tax and also we had
additional revenue.
11.B.3. Henry Williams, 310 N.W. 3`d Avenue, Delray Beach, FL 33444,
thanked the Commission for thinking things over and stated we all make mistakes. Mr.
Williams stated with regard to 10d` Street he asked the Commission to look into the big
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trucks making turns because a lot of curbing that was put in Delray has been knocked out
by these big trucks. He urged the Commission to ride around and look at the curbing that
has been knocked out by these big trucks that have to be put back in and stated he worked
on roads for 27 years and there needs to be more room for these big trucks to turn around.
12. FIRST READINGS:
A. None
There being no fin Cher business, Mayor McDuffie declared the meeting
adjourned at 9:27 p.m.
9.C. CHANGE ORDER NO. 3BRANG CONSTRUCTION, INC.:
Consider approval of Change Order No. 3 with Brang Construction, Inc. in the amount of
$14,594.54 for the purchase of sixteen (16) bus shelter benches, and installation of fifteen
benches; as requested by Palm Tran; plus a contract time extension of 130 days for the
ARRA Bus Shelters Project. Funding is available from 101 -3163 -544 -65.70 (ARRA
Economic Stimulus FD: Other Improvements /Transit Stop Bus Shelters).
Richard Hasko, Director of Environmental Services, stated this is a request
for approval of $14,594.54 for the purchase of sixteen (16) bus shelter benches and
installation of fifteen (15) benches to accommodate the comments on the most recently
grant funded bus shelter project from Palm Tran. Mr. Hasko stated with the exception of
the addition of one bus shelter location as requested by Palm Tran these have all been in
response to ADA (Americans with Disabilities Act) issues that Palm Tran has identified
through their inspection of the project work. He stated this particular issue had its roots
in some contradictions in Palm Tran's design manual which staff provided to them and
included in the bid documents and the contractors plans were designed per them. He
stated the bench widths in the rest of the bus shelters are all the 12 inch benches that we
installed with these. Mr. Hasko stated the requirements changed in the last few years and
according to Pahn Tran is reflected in their standards. He stated in one part of their
standards it defines the benches as 20 -24 inches in width and in another section it defines
them as 10 -24 inches in their width. Mr. Hasko stated the 12 inch fits in that criteria and
noted that those were the specifications that we included in our bid documents and those
were the specifications that the contractor used. Mr. Hasko stated in several
communications and meetings with them the City suggested that they replace the benches
in the shelters that were within FDOT and Palm Beach County rights -of -way and leave
the benches as is which are the same widths as all the rest of the benches and the rest of
the bus shelters all over town. He stated the sixteenth bench belongs to the additional
shelter that they requested. Mr. Hasko stated that is where staff is with Palm Tran to
resolve it so that staff can proceed with the project and make the application for the grant
reimbursements.
Mr. Jacquet asked if there is anything on Linton between Military Trail
and Congress Avenue on the north side of Linton Boulevard.
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Mrs. Gray asked if that is one on north Linton Boulevard. Mr. Hasko
stated this have been placed at identified bus shelters to coincide with Palm Tran bus
stops. Mr. Hasko stated he would have to check the locations because he is not aware of
where these are all located. He stated this is going to be a continuing program as more
grant money becomes available staff will apply for additional bus shelters. Mr. Hasko
stated as more grant money becomes available the City will continue to apply for
additional bus shelters.
Mr. Carney stated he is disappointed that there was an ambiguity and he
would like to know if the City has any recourse against Palm Tran for that ambiguity. He
asked if there is a chance that the City can recover something back based on an error on
their part and whether or not the error may be covered under some insurance and the City
could get reimbursement for that. The City Attorney stated staff can look into this. Mr.
Carney asked what the City is planning to do with these benches. Mr. Hasko stated the
City owns the benches and he is sure that we will keep some of them for replacements for
some of the other bus shelters. Mr. Hasko stated through the history of this project the
change orders with the exception of the one request from Palm Tran for the additional
shelter had been related to responding to their comments about the ADA requirements on
the installation. He stated they are sensitive about conforming with ADA requirements
on these bus shelters because of issues that they are having in other parts of the county.
Mrs. Gray moved to approve Change Order No. 3 with Brang
Construction, Inc. in the amount of $14,594.54, seconded by Mr. Jacquet. Upon roll call
the Commission voted as follows: Mr. Jacquet -- Yes; Mr. Frankel — Yes; Mrs. Gray —
Yes; Mayor McDuffie — Yes; Mr. Carney — Yes. Said motion passed with a 5 to 0 vote.
9.D. 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).
Mr. Jacquet moved to appoint Linda Kidd as a regular member to the
Public Art Advisory Board, seconded by Mr. Frankel. Upon roll call the Commission
voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr.
Carney — Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote.
13. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS.
13.A. City Manager
Doug Smith, Acting City Manager reported that the departments have
been working on their budget submittals and the staff level review of those will be
coming up shortly.
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13.B. City Attorney
The City Attorney had no comments or inquiries on non - agenda items.
U.C. City Commission
U.C.I. Mr. Jacquet
Mr. Jacquet stated he attended the Delray Affair and it was an amazing
event. He is glad to hear that it was an event that was 100% funded by itself. Mr.
Jacquet stated the City needs more events like that where the City is not paying to close
down our streets.
Secondly, Mr. Jacquet stated this is FCAT week and asked the
Commission to encourage the students during this time.
Mr. Jacquet stated he attended the Delray Beach Library 1001h Year
Banner Event.
He stated this past weekend he attended the Sandoway House Event and
they had a "Dancing with the Stars" competition. Mr. Jacquet stated he competed with
former Commissioner Gary Eliopoulos and Commissioner Adam Frankel and was the
winner of the competition.
13.C.2. Mr. Carney
Mr. Carney stated the reason he removed Item 8.B. from the Consent
Agenda to the Regular Agenda is because he understands what we are trying to do as it
relates to whether any type of non -ad valorem is a valid use for the City to fund portions
of the budget. Mr. Carney expressed concern that the City put the cart before the horse
and stated he is a firm believer that we need to figure out a way to balance the budget
first and then after we have our balanced budget we then can take a portion of our budget
and back a portion of it out to reduce the ad valorem taxes so that property owners get
some kind of a tax break and then spread a minimal amount over. Mr. Carney stated
there is a lot more discussion that has to get in as to whether we want to do it and if we
ever do impose one what is the structure going to be when we do it.
13.C.3. Mrs. Gray
Mrs. Gray asked staff to check into the issue with the press box at Pompey
Park. She stated when a cover is placed around the air conditioning unit you cannot see
the field to actually call games and would like to see this fixed before the City issues
them a CO (Certificate of Occupancy).
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13.C.4. Mr. Frankel
Mr. Frankel stated he had the pleasure of presenting the Championship
Trophy during last week's USTA 12's tournament. He stated there were 300 players and
with 300 players there are many parents, coaches, brothers and sisters all staying in our
community, eating in our community, and shopping in our community. Mr. Frankel
stated the Tennis Center is being used throughout the year for very good purposes.
13.C.5. Mayor McDufe
Mayor McDuffie stated a lot of people never see these youth tournaments
and these events bring a lot of people to town.
Secondly, Mayor McDuffie stated he got invited to Temple Emeth to kick
off an event called the Flame Society which is passing the knowledge and memory of the
Holocaust down through generations. He stated he and Senator Sachs were speakers and
it was a great event.
Lastly, Mayor McDuffie stated the Delray Affair was a great event.
There being no further business, Mayor McDuffie declared the meeting
adjourned at 9:27 p.m.
'S aw.�.�
e City Clerk
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 April 17, 2012, which Minutes were formally approved and adopted by the City
Commission on May 15, 2012.
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04/17/12
{
,n 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.
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IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
WAIVER REQUEST FOR 9 NE 2nd AVOnUe
I., This waiver request came before the City Commission on April 17, 2012.
2- The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the waiver -request for 9 NE 2nd Avenue.
All of the evidence is a part of the record in this case. Required findings are made in
accordance with Subsection L
1. WAIVERS: Pursuant to LDR Section 2.4.7(B)(5), prior -to granting 0 waiver, the
approving body shall make a finding that the granting of the waiver.
Shall not.adversely affect the neighboring area;
Shall not significantly diminish the provision of public facilities;
(c) Shall not create an unsafe situation; and.,
(d) Does not result in the grant of a special privilege in that the same
waiver would be granted under similar circumstances: on other,
property for -another applicant or owner.
A. Waiver to LDR Section 4.4A3(F)(4)(cg1)
Pursuant to LDR Section 4.4.13(F)(4)(c)(1), a minimum of 70% and a
maximum of 90% of the building frontage shall be set back to no greater
than ten feet (10) from the property line. for buildings up to twenty-five feet
(25') in height. The applicant is requesting a waiver to allow 33% of the
building frontage at NE 2nd Avenue to be set back at a maximum of ten
feet (10'). Under the proposed design, 67% of the frontage of the modified
structure Will be set back more than 10 feet (I D') from the property line.
Should the Waiver be granted?
Yes No
3. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the original development application was
1
City Commission Meeting on April 17, 2012; Item 9.A.
submitted and. finds that Its detefm !nations. set forth in thls Order are lconsistent with the
Comprehensive Plan.
4. The City Co
mrYtission finds there is ample and competeAt tubttantlal
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 orth- er
oc)mpetaht Witnesses supporting these. findings.
5. Based on the entire recordl:befdre it, the City Commission approves.
denies — the waiver request.
6.- Based on the entire record before pit, the City Commission hereby adopts
this Order this.. 17
1h -o of n favo, opposed, daY of April., 2012, �bya v te
Nelson S. Mr-Duffie, Ma
Chevelle Nubirt, Citv Clerk
. . ... I .. I
2
City Commission Meeting on April 17, 2012: Item 9.A.
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY SEACK FLORIDA.
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. This request for an amendment to the conditions of approval as set forth
in Exhibit '!A" of the Final Order granting the conditional use request of the Milagro
Center Which was decided by the Commission July 5, 2011 and attached hereto as
Exhibit "I" has- come before the City Commission on April 17, 2012,
Z The City staff, applicant, and other persons have presented documentary
evidence and testimony to the City Commission pertaining to the request for
amendment of the conditions of approval for the conditional use of the Milagro Center,
All of the evid once is a part of the record in this case. Required findings have
previously been made in accordance with Sections I and If of the original Commission
Order dated July 5, 2011.
1. Condition request-ad to be removed'.
6. That if any of the amenities required by the Credit Underwriting Report or
conditioned in the Land Use Restriction Agreement are included in this
request then a letter acknowledging acceptance of this, arrangement will be
required from the FHFC.
Should the Amendment to the Conditions of Approval to remove item
number 6. be granted?
Yes — V11, No.
3. The City Commission has applied the Com. prehensive, Plan and LDR
requirements in existence at the time the amendment request to the conditions of
approval for the conditional use application was submitted.
1
Cit Commission Meeting on April 17, 2012: Item 9.13.
4, The City Commission finds there is ample and competent substantial
evidence to support its -findings.in -the-record submitted and adapts the facts contained,
in the record including but not Imited to the staff reports and testimony of witnesses
supporting these findings.
5. Based on the entire record bef6re it.) the City Commission ' Pprov0s a V/'
..
denies — the request for affieddrnent to the conditions of approval at set forth, in
Exhibit W of the.. 01h t! bMer granting the : dondifion al use application and hereby adopts
thlS.Drder this 17th day of April. :2012, by a -vote Of 5
in favor or opposed.
Nelson S. WDUffle, May
MTTES
47,
MeNubin
City cle.rk
2
Cit Commission Meeting on April 17, 2012; Item 9,13.
I
IN THE -CITY 00t4MI$,510j-j
CHAMBERS: OP T.HP erry. OF
DELR-AY:8F='A01i, PWRIDA-
CONDMONAL USUREQUEST T0,ESTABLIV A PRIVATE CH. ILD
OAO- FAtILITY FOR THE KILAGRO CENTER AT 675 AU9.URNAVE . NU.E.
-011t3911 O'F THE CITY COMMISSION
017-Y OF DELRAY REACIt MORIDA
11 Thl% wndificinal.use requast has Wme before th
July 5. 2011 The Js'to:b8tabfth a Private ofilld cite f6orlftywfo
r
the-M118Igra Centerat. 6�S A.ubum Avenue.
Z The City a -aijlpllcant. and oth&-�:parsons have presented-documoritary
evidence and te-56MOOY10 1119 OV Cornmisslon partairiftig to the condMonal use
ri qvW Of the.Mj1agr.a j0enter All of the evil enae;Is. WPM . t.: Of ftiO regard in this w, so.
Required JindIngs are trade In Sections I and It be]Gwi
COMPREN)WSIVE PLAN
A, -W—URI5 LAND USE MAP: The use or structural MUSt be allowed `in the
.iona district and thojt�n-Irlg *
consistent Wffh. ths Wd use desionati6n.
The subject haS a *.Future Land Use. Map 408ignatlon of ML) (Med. lLn Qansfty
.
du aq) and Is -zonod. W(Multipie ✓*amily Residential �– Wdlum Oensltyj�. The. PM
z0nln9'dJSfrl0t 160brisraterd YvIth the MQ Nture 'Larid' Use Map designation.. Pursuant . to.
LOR Section. 4.4X.(D)(1'), within the RM.zppjrtg diStdot, child care. fa �#t aflo
As a Cond[tional. Us& f3as diftles C . wed
Od UPOn #W AbOVO, positive P0 . findings. can be matie with
respect to consistemy Wb the Future Land Use Map:
,ire thG MWIrOmOntS of the.Futura Land Use Map met?
yes v/ NO.
B. Facilities which are provided by, or through, the. Glty shall
be PMVlded to new development concurrent wIth Isquwce of a. Certificate of
actupancy. These facfllt[es shall be provided pur-qqW to fevbjs of service establishnd
Wthin the Comprehanelve plan,
I
elty.-Comm'"'Iml moblag au'qfyz' i'm t, Nov PA.
Cit Commission Meeting on April 17,2012; Item 9.13,
R
1
I
t
Are the wncu+rmnoy r'e uiraments mat with reWet to water, sewer;
drafmag4, stiff and is°a#iic, parks, opera: space, solid weste arsd f.
yas No
t
2WW*.M. : Compliance with parfarntanca standard -S set foal In Chapter
'fhrea and required findirigs in LOO Section.2,4,6(F) (5.) for the Conditional Use request
$hall be the basis, upon t W h e finding of overall eonsilstancy Is to be made. tither
Obj ives attd volidmJbund in th.e adapted Compmhensive Plan may be used. In I
making �t ffndIrtg avemll _consisterwy. �
t
A review of the objectives and Pollcles of tho adopted Comprehensive Plan vms
cmiducted.and no applicable: Objedves or'Poticlea were found..
Am 3
the. naimlstancy requiremenft root such that Jha
proposed-
pro ;ect is complomeritary. tlt and mpa#tlais wigs adjacent land uses
and the bo fWal aspects of fhe project ootm- igh tiro negative. `
°flsnpact of lderifified points. of capmct
yes ✓ NO
H. LDR REE 1REMENTS
A. &Otlon 2.4: f ra > In ftntri iols, The conditional v6e will
not
t. Have a nfflcartt y daffterttel effect upon the stability of the
nelghbotood Wit' n Whi0h it will he located;
HIndRr deVelcpment or Mdavelopment o>' nearby ptopertle$',
Will 0ect -10 ft 2.4.5(E)(5) be met?"
Wes
l : LQR. Sootion 3.3fE}
Ldt Area.,
.Pursuant to t.%R. SecttcYn 4;3.3 (15)(1), the minimum tot area roquired for child taro .
facilities Is 7,500 square feet. The proposed child care facility is associated with the
V111996 at 13e1rmy residontial development which is to td an an ` 4,08 :acres site.
Floor Area:
Pursuant to LDR Section $. .3 {EX{ ), Child care facilities $hall cat•ttafn a t- Mnlm.lrs flour
ar of 35 sq. ft per child, e cluslve of space dovoted to batbrooms, Halls, lcftcfi rt,
2
City OU/fiMWIM Mee to tin dory !j; 20i t; )ism B.A.
Cit Commission Meeting on April 17, 2012; Item 9.13.
t f s artcf $ r; go. tt:00pears that of tine 4, 114 -89, 0, total child aare afixjcfure.a tatak
of 1,5 sq, ft. would tra usiablt # pt?r arira.lhti , aiftawirr a mar±€tn rm cepactt�r 0 5a
�y�g�,gyyild�rS?yet�ip 5ti,37j: `l a applicant has. regtre�d.a capacity €f 50 rhliftim,
Pursuant iq 1,
OR Sad A.; OPP), thel -6 shall' te b m1himum- of 75 sq, ft. of outdoor
Play area per t rutrt, The p ay area �h ll be laced on the. samo lot as the principal -o
and .shal# not he located in 'the front yard tietback or -adjacent to any-putdoor storag.ee l
aroa. A V 119P fence or wall :sfiall atrrmand ft play aria; The site plan measures 3,28; �
sq, a outdoor play aroa, which was approved. for the po rlImunkty
as a :whole, Even if this
vras now reserved exclusively foC the child cats use, which .would be contra to fte
pwttmance standard's of LDR Section 4.4. 16 the increalmd detrsy r
for the resident
JAI developrrr 04 the pr`apa$dd outdoor area ?would o0l i
accoMmpdated a tty'tal of 43 st dents (3,2$2ln M 43.76). 1
Wading Arent
I`
Pursuent to LOR Sectlan 4.3,3 (E)(4), a pick-up and omp —off area for children $h all N.
prOvidert In a comes ilent area ,adjacent to the# branding and shell proulda Ilea# I rdss
and egress .� the bukfding. Purst�atrt 1a LQR Seci#orr �,8,�(d�.)(3 }(>"1•. A Vi rrs must:be
madesfor Mackin and traridgni bf lncominq - traffic from a ptii 61— strwt, such that tf stfic
may not;bacletr.irrto ft publfo street system. Frc!VisfDris must bo: made to. provide for
TOO, of ofear OUlown0bothAhe first polht of.'traftsactlon of the daycere drop -o3'f .lft e.
The suggested, drop -off area will be. located In -front of the parking area for saDm to t
the C houses ;
i
j
Are the requiroments of Beef on A.3,3(E) met?
yes V" No ,�-�
C: LIAR Saoti�rr +1, 9 G h ..�. l'arkit Pursuant fc� 1wl R Sectlori
4.6,9(c)(7)(h), child dam facilities must provide 1 parking space per 300 sq;fi. of octal
f oor area: Furtfter�, parking is to be designed to enable vehicles to ether and exlt a slis
In a €amrart manne.t
The 4,114 sq, f#, facility requires 14 parking spaces anti. a to fal #v my one parl:dng
spscer are being provided. The appucant has depicted On the atte plan tf;e paiRino
spate that are going fro used for the-child care center and those. that will be used
by the club house. ft is noted that the numb0r c f parking spaws originally epprzrvad for
the dubhou has now beers reduced from 21 spaces to only 6 parking spaces to
serve a O7r'nrr'rurlkty og 192 rwidentiai units: (a reduction of 71% fn parking spaces for
the clubhouse).
3
Clry Cosnmta 00 rifbOft, an Jury S. 2011'. WM S,A,
Cif Commission Meeting on April 17, 2012: Item 9.8.
Am there 4 1 A9
quIremonin of SacS (IG
yes NO
13. TI -18 City Co refill [Oh.1W.. ApP.W. tW -Comprefien&e an. d - Ln
WOO 4.4 ft ft.6 the c6ndltionAl use , 6pplicafton. was submitteij,
44
The CA.Y W m .1on finds ta re. : -is- a mple and comp ate nt wbaanMw
evidonce to support ltwftrwd nps in the redard subm-Mbd grid .adopts The facts wfthkod
in 1he roDDrd Induding but inattnited to Itha sWff repoits andlesftony -or. witnesses
SUPPOrlifia these findbas.
RaW, On the entft::re=rd before 9, Oip 10fty.Oo I BPP-(D . vos.ti
d0w the conciffibinal.us6 appj J[Qn subjeot to thO Whillbons at Etched hereto 1h
Exhibit W and heiebygdopts this Ord6r ft Stn
4ulyr. 2011., -by a1v
In favor and __A_ oppqsad
Z JC eve
lie NUM
ORY nark.
4
04 qPOWS'llan MOOOPQ V1 JWY 6, 2011' , -birl VA,
Cit Commission Meeting on April 17, 2012; Item 9.13.
EXHIBIT "Al
Conditions RelatOd to tho M118gro Center tray Caro,
I. Relocation Of the
loading vroa to that It does not iriterf re with the ParRI, ig area, [s
required ln'order to,com* with LDR Sadon 4.13(E)(4);
2. A
tl letter tom the Palm Beach County Traft D&Lslon indicatIng that the projed niaets
traffic, doricu'rrenoy standards of Palm Beach Gaunjy is provided;
3, That the PrOPOW outdoor Olay area be Inaremed or Uie maxi
reduced. to a toW of 43 students;
Mum capacfty be
4. That the appKaOnt Provides a copy of the .0LcLdlt.Underwe1tn RoportIssuedand
aPPPO'Ved by Me FHFC 119flng Ihme specific amerifts WIWI n- th - 'cl ous,- and/or
�PIO V1111age at Delray development that were required to be foar the RESIDENTS
ONLY,
5 That the applicant proVides a copy of the Lmnd UI_Jse. �Refrlcfi reement between 1he
ANg�� str'c'� �el Mwrded mg
M Corporation Florift Housing Fhance. GorWaaon aneAuburn Corpnormattifon whZjchhMw1,a�
a dwd resmtkuUon against the Village at Delray Dovalop
Mont ouflning What amenities
are required for the use of RES10ENTS ONLY; and j
8. That if any of the ameniges roquired by -ft C N=GA Qr ciondiFfQ.ried
n er
In the rid Use Pastr1dftQM&,r0QMjQnt are. Included In this requ ast then 6 letter
�fromthaFW C.
7, FaCIIXY WDUld be avAllable, thrft residents cal' the commun!iy when the Mil-agm Center
Is not,6peii,
I
Cj',Y f osflmfullln UeeM19 oil JOY 6, Z01 1; liar? O.A,
Cit Commission Meeting on April 17, 2012; Item 9.13.
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, ;FLORIDA
REQUEST FOR AN AMENDMENT TO THE CONDITIONS OF APPROVAL FOR THE
CONDITIONAL USE REQUEST TO ESTABLISH A PRIVATE CHILD
CARE FACILITY FOR THE MILAGROCENTIER AT 675 AU13URN "ENur=
jazlee j �11
I. This request . for an amendment to the conditions of approval as set forth
in Exhibit "A' of the Final Order granting the cond I itional . use request of the Milagro
Center which was decided by the Commission July 5, 2011 and attached hereto as
Exhibit "T' has come before the City Commission on April 17, 2012.
2. The City -staff, applicant, and other persons have presented documentary
evidence and testimony to the City Commission pertaining to the request for
amendment of the conditions of approval for the conditional use of the Milagro Center.
All of the evidence is a part of the record in. this case. Required. findings have
previously been made in accordance with Sectlons I and 11 of the original Commission
Order dated July 5, 2011,
1. Condition requested to be removed:
6. That if any of the amenities required by the Credit Underwriting Report or
conditioned in the Land Use Restriction Agreement are included in thI8
request then a letter acknowledging acceptance of this arrangement will be
required from the FHFC.
Should the Amendment to the Conditions of Approval to remove item
number 6, be granted?
Yes -/ No
3. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the amendment request to the conditions of
approval for the conditional use application was submitted.
I
Cit Commission Meeting on April 17, 2012; Item 9.13.
4. Tho City -Wmmls6lon find& there is ample and cornpetight substantial
evidence to. support its findings - In the record submitted and adopts the facts -contained..
in the record' ncluding: but not limited to the staff .re
ports and testimony, of witnesses
supporting these findings,
5. Based on the entire record before it, tbe'City Comhilsslon- approves
denies the: roicloest for -arnehfteftt to the canditibris of a P prroval as set fbrth. In
-1
Exhibit"K -of the Final Order g-r . anting the conditional use application.-and hereby- ad'
opts
this Order this 17th day of April_, '2012, by a vote of 5f .In favor
apposed.
Nelson S. McDuff.14, MaYOU
A17E
C hevelle Nubin
1GitY Clerk
2
Cit Commission Meeting on April 17, 2012, Item 9.B.
I
IN. THE CITY OOMMI$$-10.1-4
0I4AMSERS. Q
-'--
. F THE CITY OF
8EAPH, ORPA
CONDMONAL USE REQUeST TO -F-STAaLI$14 A -PIUVATE CHILD.
CAS FA01LITY FOR THE MILAGRO GENTERAT 675AURURNAVE'NNE
ORDER 00 THE CITY COMMISSION
01: TIC CITY OF DELRAY SFACK FLORIPA
-1, Ti is conditional use request has carne :before tho. City* ! dm css166 on
July 5, 2011, The cant jtIonaj..use r6quftit is 40- establish a private ;child cel.le- ft fifty -for:
lbe -milagra 06nter at S Auburn Avenue.
Z Tiss City sink 00011cent, an&otber papspn.s have presented docurnentary.
evidence . wW tnftQl)YA0 the 0* Commi0fon partaining, to - the - condi-tional -use
Penter' All Of the OvIC181TWI0 aPed:01'Ibe reoordin this case,
Required*tdino are made. jn.$ecUoh8 �j and Ij below.
L COMPREHIMSIVI! 'PLAN
& FIM-15LAND USE MAP: The use or.gtru.oureis must. be allQwed in the
zone dis0a and tho vhjrzg district snusbe f
t WnSlatent With thb land designation,
8
Ile subject property fiesa �FtifUre Land WO MOP -degIgnall-an : of MD (Medium density
5-12 du/ac) ens is zoned. Rfvj (M *
umplip rpmliy -Residential.— Medium Density,,,, The pm
zoning, dl6trjot Iscbnaf6tent with lbo 1
M 0 , Fu Um LSnd Use Map designation. Pursuant to
LDR section 4.4-f5(D)(j).:Wjthln.th0 RM z90ing district, child cam f6chitles. i allqwe
as z Contiffi6nal Usq, 13a.80d UP011 t46 abdVa, d
respect to* 0onalstency imth.� PbsitIve findings cewbs mads with
the: Future.-Land Use Map.
Are the requirements of the.Futur,6 Land UGe Map met?
'Yes 'V" NO
I .............
E. -00aMW_mng Facilities which am provided by, -or through, the City shaft,
be prCivided to new develDpment concurrent Wth* jesuaTica of 'a certificate of
0=1paArly. These fadjItte$ 1311all beprovided pursuant to level:$ I ofaervice eaWbItshad
within the Comprehensive plan.
I
gxkl;-' I-
city COMMIN101 mwffffjo m jq / Z' Pki f; lion] pA
Cit Commission Meeting on April 17, 2012; Item 9.13.
Are the ooncurronoy TeClUlroments met with retpoet to water, siawar-j
drahiaga, streas and faille, perks, open s;paae, solid waste -and
Ym 1/ No
d
pr. Compliance y4th poiffonands stein ardr� set fbm to Chapter
Thme and roqulmd findkigs: it' L OR 86don 24.4(E) (5) for the CondIftnal U-se -request
shall be ft bagla u on which a Ending of 6 11 cmMstandy fa to. be mQ'*
P Vem do. Other
arfd 0011cles.fouhd ft the adopted Comprehensive Flan may be u400Jn
makinge find1tv of overall conslsten*
.A rovl$w .0f ft ObJeclives and Policies of tho adopted Comprebensive Plan was
:wnductad and no applicable Objeclives or Policies were found..
Are the coTmistenc► requirements inat: suck that. 1hi.0 proppamot-1
'project is complementary to and compaublo with ad; r# land usevs-
and the borleficial aspe
Chia
projeeg 0uh-laigh- -tho, hogAlve:
impact of Identffied points of conflict?
yam', V./ No
H. LOR. REQUIRSMIEN"
-A w... ftli �Ma conditional use Will
g ZA-IMPSI—r—eatdrar. -=Lafn f1rid
ryot
9. Have a aonlffcant� doftiftntal effd.. -d : the. s ta the
neighborhood Mthin Whiob Bill Ise l000ted;
2. Hindor devolopmwf or mdevelopme.4 t of Olearby prope4le.s
Will Sectlon 2AX(E)(6) be mat?
yes . KA__
Chlldcam awlitles.
Lot Area:
Pursuant to LDR. Sectidn 4.34(15)(1), the minimum lot area r6oulted for child case:
�twraies is 7,500 Squgre 146t. The proposed child bare factlify Is associated' with
"URve at Delray resin square
do0sloptnont Which fit. 10081W on. an 14..03aores site,
with
Moor moo
Pursuant to LOR SaWarl 42 3 (JwX2), cblld care facliltids shall contain a rnWmum 1100Y.
:area Of as sq.. it per child, exclusive of space devoted to bathroom$, balls, Kopbon,
.2
PY CUMMY0640n Wegng On JUIyO, 20f 1;. Item 0,X
Cit Commission Meeting on April 17, 2012; Item 9.B.
Dff=-s and $brags. It ail that cf #16 4,f 14,sq, 4. total
Are the recip1mm anti -ofSectl*gin ki-q( ymw!
YVS NO
CRY OMMISSIOn.fle.q. opplied. ft-4.0o M-Prahen&a Pfa
ma LJ)F,
requirements Imexistance ot t
c6ftdfflOfigf-W 8 app fimffon. m e .subrylifte
4.
The City y Comfn ission finds: there.: Is. ample and compaient: aub.sfanttaf
GVldshcd to supp.wt its,11nd-109s. thO tecard stibmitt6d
and ad9pts the
in tha reared Includin but. not to Iths tWff reporf.-�
� 9 and fedmony chwesstnq
supporfliftg these findings,
e. wit, too
6� Based or! the,anW16 reco,rd b t
the candhional use : pifoo
P 001:00400 fO- 4 hdlflons aftched berafo frf..
Exhibit "A! &rid hereby - adopts this order ft sth
.4
In fWor and, opposod.
,qE
0 ev
alie NU�Oln���
rcltY Oark.
4
city commiminn mooling oil July 6, -Tj1 1, 1wjtk&
Cit Commission Meeting on April 17, 2012; Item 9.13.
I
EXHIBIT "A"
COnditiOnS Related to, tho Milagro Cotten E)ay Caro
1. R-eftaftoof the joadi'lng area so that itdd a not interfere. With the -ea- is
:required ln':WdOt to -comply ply wflb LDR SacUm 4.33(E) (4).; . at
Z A letbir totn the Palm Beach County Traffic Division Ind,
cating that the -project niaefs
the traffic conounilic -a County fEr p4ovidod^
Y$LvidardsofPft each r
3. That the proposed outdoor play ama be Inormsed. or ule max1marn capacity . be
reduMd, to a jotat of43 students;
4, That the OPP008111t 111TOVIdeS a copy of ths Otedit U* Orwrifina Re sort Ism ved and
nd
approved 6y the FHF6. 11aUngffma speoffic amenities wlthjn ft'cjobhouse. and/or
thO Village at Defray deveJopment that wom required to be for the RESIDENTS
ONLY.
roe C.
S. lbatthe apoffbant provides COPY Of thaLzInd'UM-Res j*%b2**nA 'mant between 1 W X . aen the
Rodda HOUS1119 Finance CwponVon and Awbum Corporation which was m2-2rded -a-
a dead res _s
NgAm-k4_011 Sgahsf the M-[Na at Defray Development ou#j -1
are required fOr the use Of RESMEWS Defray orld'i' wnt Oulflong. wi 6f.6menitles
That 4F any of #.I.s am.
ehities requIr ad 6y
the Ctbdft- --Und!2rwd9U9-&-wA qr*windffloned
-
al the Up - u- .t,fae Ftes --
rip fficluded'i n . this - request: then. a letter 00knawlsdgtnq
this will -be 'requIred ftm the F;HFC.
71 Fadfty Vmuld- be:8v0 noble 'f0rft 11661d0nts Of the WMMU* when the Mfla.gro Cehter
to Pot-6pen,
1
Clty C'wwfS0J0r1 Wee#119.04J40i, 26i f! Ilow 0A,
Cit Commission Meeting on April 17, 2012; Item 9.13.