09-21-04 Minutes SEPTEMBER 21~ 2004
A Regular Meeting of the City Commission of the City of Delray Beach,
Florida, was called to order by Mayor Jeff Perlman in the Commission Chambers at City
Hall at 6:00 p.m., Tuesday, September 21, 2004.
1. Roll call showed:
Present - Commissioner Patricia Archer
Commissioner Jon Levinson
Commissioner Alberta McCarthy
Mayor Jeff Perlman
Absent - Commissioner Bob Costin
Also present were - David T. Harden, City Manager
Robert A. Barcinski, Assistant City Manager
Susan A. Ruby, City Attorney
Brian Shutt, Assistant City Attorney
Chevelle D. Nubin, 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.
Mayor Perlman requested Item 9.0., Appointments to the Board of
Adiustment, Item 9.P., Appointments to the Code Enforcement Board and Item
9.Q., Appointments to the Board of Construction Appeals be deferred to the regular
City Commission meeting of September 21, 2004. In addition, Mayor Perlman requested
Item 9.R., Appointment to the Neighborhood Advisory Council be deferred to the
regular City Commission meeting of September 21, 2004.
Mr. Levinson stated he would like to defer Item 9.S., City Attorney
Evaluation and Item 9.T., City Manager Evaluation to the regular City Commission
meeting of October 5, 2004.
Ms. McCarthy moved to approve the Agenda as amended, seconded by
Mr. Levinson. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr.
Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a
4 to 0 vote.
5. APPROVAL OF MINUTES:
Ms. McCarthy moved to approve the Minutes of the Regular Meeting of
September 7, 2004, seconded by Mr. Levinson. Upon roll call the Commission voted as
follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman
- Yes. Said motion passed with a 4 to 0 vote.
Mrs. Archer moved to approve the Minutes of the Special Meeting of
September 14, 2004, seconded by Ms. McCarthy. Upon roll call the Commission voted
as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs.
Archer - Yes. Said motion passed with a 4 to 0 vote.
6. PROCLAMATIONS:
6.A. Recognizing N. Willard {Bill) Schwartz.
Mayor Perlman read and presented a proclamation hereby recognizing and
congratulating N. Willard (Bill) Schwartz on his many achievements and diligent service
to others and wished him the best of health and happiness. Bill Schwartz came forward
to accept the proclamation.
6.B. Walk Our Children to School Day - October 6~ 2004
Mayor Perlman read and presented a proclamation hereby proclaiming
October 6, 2004 as Walk Our Children to School Day in the City of Delray Beach. Betsy
Owen, Chairman of the Education Board, came forward to accept the proclamation and
thanked the City of Delray Beach for supporting this program. Ms. Owen stated this is a
national initiative to promote pedestrian safety and the fight against obesity. She
announced this year children will be walking from Plumosa Elementary School on
October 6, 2004 at 7:00 a.m. and recognized Scott Aronson, Parking Management
Specialist, along with Jeff Messer and Jim Finley for their roles in supporting this
program.
Mayor Perlman stated this is the third consecutive year and the program
was founded by Jim Smith.
7. PRESENTATIONS:
7.A. "Spotlight on Education" - Judith Brennam Manager of School
Boundaries and Demographics re~arding the status of the Atlantic High School
Boundaries
Janet Meeks, Education Coordinator, stated the next Community Input
Meeting is scheduled for Monday, September 27, 2004 at 6:30 p.m. in the auditorium at
Atlantic High School.
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09/21/04
Judith Brennan, Manager of School Boundaries and
Demographics/Atlantic High School, gave a brief presentation regarding the status of the
Atlantic High School Boundaries.
7.B. HIV/AIDS among minority women in Delray Beach - Dr. Pierre
Dorsainvil, Internal Medicine/Infectious Disease, and Elizabeth Robinson, Regional
Minority AIDS Coordinator, Palm Beach County Health Department
Dr. Pierre Dorsainvil, 600 N. Congress Ave., #430A, Delray Beach, stated
Delray Beach is #3 with regard to HIV cases and #1 for AIDS cases and he feels people
need to be educated regarding this disease. He distributed information to the
Commission regarding HIV and AIDS.
Sharon Hollis stated she has been HIV positive for 17 years and read a
poem into the record. Ms. Hollis stated she has approached every State representative
and the Governor asking for help; however, she also needs local volunteers and support.
Mr. Levinson stated the School Board would also like to participate in
helping.
Mayor Perlman stated one of the big issues is education and information.
He commented that if Dr. Dorsainvil needs assistance in helping to get the message out to
the community then Ivan Ladizinsky, Public Information Officer can assist.
Ms. McCarthy asked if the organization is available to participate if local
festivals are being held in the City. Dr. Dorsainvil stated the organization has not started
anything; however, he would be available to attend local festivals to speak and educate
people regarding HIV and AIDS.
8_ CONSENT AGENDA: City Manager Recommends Approval.
8.A. CHANGE ORDER NO. 1/FINAL PAYMENT/RANDOLPH AND
DEWDNEY CONSTRUCTION, INC.: Approve Change Order No. 1 in the amount of
a $5,000.00 decrease, and final payment in the amount of $10,268.65 to Randolph and
Dewdney Construction, Inc. for completion of the Municipal Cemetery Restroom Facility
Project. Funding is available from 334-6111-519-62.10 (General Construction
Fund/Buildings).
8.B. DUNE REVEGETATION: Authorize the Dune Revegetation Tasks
associated with the Beach Renourishment Project in the amount of $50,000.00. Funding
is available from 332-4164-572-34.90 (Beach Restoration Fund/Other Contractual
Services).
8.C. 2004 LOCAL LAW ENFORCEMENT BLOCK GRANT {LLEBG~:
Approve acceptance and the proposed allocation of the 2004 Local Law Enforcement
Block Grant in the amount of $50,446.00 with a City match of funds in the amount of
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$5,605.00 for a total amount of $56,051.00. Funding is available from 115-2129-521-
14.10 (2004 LLEBG Overtime), 115-2129-521-21.10 (2004 LLEBG FICA), and 115-
2129-521-49.50 (2004 LLEBG Volunteer Program).
8.D. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards for
the period September 7, 2004 through September 17, 2004.
8.E. CONTRACT CHANGE ORDER NO. 1/D & J ENTERPRISES~ INC.:
Approve Contract Change Order No. 1 to D & J Enterprises, Inc., Debris Management
Contract, Exhibit "B" 3.0 to change the rate from $0.025 to $0.25 per cubic yard to
correct contract error.
8.F. AWARD OF BIDS AND CONTRACTS:
None.
Mr. Levinson moved to approve the Consent Agenda, seconded by Ms.
McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes;
Mayor Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with
a 4 to 0 vote.
9. REGULAR AGENDA:
9.A. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD
DECISION/PALMS OF DELRAY: Consider an appeal of' the Site Plan Review and
Appearance Board's decision approving a Class IV Site Plan Modification, Landscape
Plan, and elevations associated with the construction of` two (2) new apartment buildings
at the Palms of` Delray, located on the south side of` Dotterel Road, approximately 100
feet east of` Jaeger Drive. (Quasi-Judicial Hearing)
Mayor Perlman read into the record the City of` Delray Beach procedures
for a Quasi-Judicial Hearing for this item and all subsequent Quasi-Judicial items.
Chevelle D. Nubin, Acting City Clerk, swore in those individuals who
wished to give testimony on this item.
Mayor Perlman asked the Commission to disclose any ex parte
communications. Mr. Levinson stated he spoke with Michael Weiner. Ms. McCarthy,
Mrs. Archer, and Mayor Perlman stated they have no ex parte communications to
disclose other than the letters (additional information for Item 9.A. made a part of` the
record).
Paul Dorling, Director of` Planning and Zoning, entered the Planning and
Zoning Department project file #2004-215 into the record and two letters dated
September 21, 2004 from Raymond Schamis and Dianna BeDilion (a copy is attached
hereto and made an official part of`the minutes).
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09/21/04
Paul Dorling, Director of Planning and Zoning, stated the subject property
is located on the south side of Dotterel Road, approximately 100 feet east of Jaeger
Drive. Mr. Dorling stated the site plan approval was for Tract B and the homeowners
association for Tract A is appealing that decision. Tract B is 5.335 acres and is zoned
RM (Multiple Family Residential). The Palms of Delray was originally developed as two
separate tracts (A&B). The City Commission approved the site plan for Tract A on
August 14, 1978 and the site plan for Tract B on April 28, 1980. The two individual
tracts were joined by unity-of-title as they were under the same ownership and shared a
common recreation area. On April 10, 1984, the unity-of-title was released and the tracts
are now under separate ownership.
At its meeting of September 11, 2002, the Site Plan Review and
Appearance Board (SPRAB) reviewed and approved the Class IV site plan modification,
and landscape plan to construct an additional 14 rental units within the existing 32 unit
Palms of Delray rental development. The Board approved the related architectural
elevations on October 23, 2002. On March 26, 2004, the approved Class IV site plan
modification expired. The applicant resubmitted the development proposal which was
approved by SPRAB on July 28, 2004. A Board member from the adjacent development
has filed an appeal of that decision. Staff recommends denial of the appeal based upon a
finding that the Site Plan Review and Appearance Board (SPRAB) correctly considered
the appropriate LDR Sections and related Comprehensive Plan policies in their
deliberations of the site plan modification request for Palms of Delray.
David W. Schmidt, Attorney representing the appellant (Palms of Delray
Homeowners' Association), stated as noted by staff this was originally to be developed as
a unified phase development (Tract A developed first to be followed by Tract B). Mr.
Schmidt gave a brief presentation and stated Palms of Delray is 6 units in acre and as
proposed if this is approved Tract B will be 8.62 units per acre and stated they have not
given the additional 25% setback to comply with the performance standard. He stated the
original developer put the drain line for the pool onto Tract B and if the Commission
supports the site plan modification, his client will be forced to re-route the line at some
expense. He feels the original intent of this unified proposal needs to be taken into
account. Mr. Schmidt briefly discussed the survey and confirmed that the existing
clubhouse is 4.9 feet from the property line. At the time that the unity-of-title was
released, there was an issue about creating this encroachment of the existing clubhouse if
the unity-of-title was released. At its meeting of April 10, 1984, the Delray Beach City
Council voted to release the unity-of-title for Tracts A and B of the Palms of Delray,
subject to the condition regarding the variances for the recreation building as set forth in
the City Attorney's memorandum of April 3, 1984. However, Mr. Schmidt stated this
has never been done and the developer is the successor and interest to the purchaser of
Tract B. He respectfully requests that the site plan not move forward until this issue is
addressed. In summary, Mr. Schmidt stated he does not believe the applicant has met
some of the performance standards in order to have the increased density and does not
believe it is compatible under LDR Section 2.4.5 with the idea of the original intent of the
development. In addition, the issue of the setback for the encroachment into the setback
by the clubhouse has to been addressed in addition to the roadway issue.
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Michael Weiner, Attorney with Weiner & Aronson, P.A. (102 N. Swinton
Avenue) representing the applicant, stated with respect to the last two items mentioned
mainly whether or not the variances are required of them or required of their neighbors;
or, whether or not the consent is required under the plat are issues which should be dealt
with elsewhere not on an appeal. Mr. Weiner stated this began in September 2002 and
stated his expert witnesses is the entire Planning and Zoning Department and the Site
Plan Review and Appearance Board (SPRAB) which includes architects and experience
with the real estate industry. Mr. Weiner stated the first approvals began in September
2002 and in October 2003 they came back and received more approvals concerning the
elevations, and additional approvals in April 2004 regarding the handicapped spaces.
Because there was a problem with the expiration of approvals, Mr. Weiner stated they
came back another time which meant the site plan modification was considered again.
He stated once again for the fourth time SPRAB approved the site plan modification and
recommended approval. LDR Section 4.4.6 is scrutinized in detail in the July 28, 2004,
staff report and LDR Section 4.4.6(a), LDR Section 4.4.6(b), and LDR Section 4.4.6(c),
etc. has been met.
Nanette O'Brien (Registered Broker in Delray Beach for 18 years), stated
it is her professional opinion that if Mr. Michael's project is built there will be no
material depreciation in value with respect to the neighboring property and construction
will not cause a substantial depreciation in property values.
At this point, Mr. Weiner gave a brief cross-examination and submitted a
list of questions and stated his objection is noted for the record.
David Schmidt stated he made a presentation on behalf of his clients and
did not testify as an expert witness and feels cross-examination is inappropriate under
these circumstances.
At this point, Mr. Dorling gave a brief rebuttal:
Mr. Dorling stated there were two issues discussed by Mr. Schmidt. One
with respect to LDR Section 4.4.6 as it relates to increase in density. The Planning and
Zoning staff report does outline that they do meet the criteria with the exception of LDR
Section 4.4.6(c) relating to when immediately adjacent to a residential zoning district
having a lower density. Staff notes that this is not applicable because RM (Multiple
Family Residential - Medium Density) is adjacent to RM and it does not matter what was
originally developed because that performance standard relates to the density. Mr.
Dorling stated the density range is from 6-12 and if you have 8 one does not have to meet
all the performance standards; if you have 12 one has to meet all the performance
standards and noted there is a finding that they did meet all the requirements. He does
not see any impact with respect to traffic.
At this point, Mr. Weiner gave a brief rebuttal:
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09/21/04
Mr. Weiner stated they have met their competent substantial burden of
proof because of Park of Commerce vs. City of Delray Beach and recommended that the
Commission deny this appeal.
Mr. Schmidt stated with regard to Mr. Weiner's comments about this
process dragging on for years and that these issues could have been addressed a long time
ago, he read into the record a few words from the July 28th SPRAB meeting. Mr.
Schmidt stated the first his clients knew about this is when work first begin this year and
that is why these points were not raised on appeal prior to that.
Brief discussion by the Commission followed.
Mr. Levinson moved to deny the appeal based upon a finding that the Site
Plan Review and Appearance Board (SPRAB) correctly considered the appropriate LDR
sections and related Comprehensive Plan policies in their deliberations of the site plan
modification request for Palms of Delray, seconded by Ms. McCarthy. Upon roll call the
Commission voted as follows: Mayor Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson
- Yes; Ms. McCarthy - Yes. Said motion to DENY the appeal passed with a 4 to 0 vote.
For the record, the City Attorney noted that the Commission based their
decisions on all the testimony heard today including all the evidence in the Planning and
Zoning staff report.
At this point, the time being 7:26 p.m. the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
10. PUBLIC HEARINGS:
10.A. RESOLUTION NO. 73-04 (MILLAGE LEVY): A resolution levying a
tax on all properties within the City of Delray Beach for operation and maintenance, and
for payment of principal and interest on bonded indebtedness for FY 2005. Prior to
consideration of passage of this resolution, a public hearing has been scheduled to be held
at this time.
The caption of Resolution No. 73-04 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, TO LEVY A TAX
ON ALL PROPERTIES WITHIN THE CITY OF
DELRAY BEACH, FLORIDA, FOR MAINTENANCE
AND OPERATION, AND TO LEVY A TAX FOR
THE PAYMENT OF PRINCIPAL AND INTEREST
ON BONDED 1NDEBTEDNES S, AND TO
ALLOCATE AND APPROPRIATE SAID
COLLECTIONS THEREUNDER.
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(The official copy of Resolution No. 73-04 is on file in the City Clerk's
office.)
The City Attorney announced Resolution No. 73-04 levies a tax on all
properties in the City of Delray Beach for fiscal year 2005 as follows: 7.45 mills for
operation of maintenance of the General Fund; 0.55 mills for the payment of principal
and interest on bond indebtedness for a total of 8.00 mills. The operating millage is
decreased from 7.52 to 7.45 while debt service millage is increased from 0.48 to 0.55.
The rolled back rate calculated under the TRIM law for operating purposes is 6.7619
mills. The millage rate is 10.18% above the rolled back rate.
A public hearing was held having been legally advertised in compliance
with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Resolution No. 73-04,
the public hearing was closed.
Mr. Levinson moved to approve Resolution No. 73-04, seconded by Ms.
McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr.
Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a
4 to 0 vote.
10.B. RESOLUTION NO. 74-04 (MILLAGE LEVY/DDA): A resolution
levying a tax on all properties within the Downtown Development Authority Taxing
District of the City of Delray Beach for FY 2005. Prior to consideration of passage of
this resolution, a public hearing has been scheduled to be held at this time.
The caption of Resolution No. 74-04 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, TO LEVY A TAX
ON ALL PROPERTIES WITHIN THE DOWNTOWN
DEVELOPMENT AUTHORITY TAXING DISTRICT
OF THE CITY OF DELRAY BEACH, FLORIDA,
FOR MAINTENANCE AND OPERATION, AND TO
APPROPRIATE SAID COLLECTIONS
THEREUNDER.
(The official copy of Resolution No. 74-04 is on file in the City Clerk's
office.)
The City Attorney announced Resolution No. 74-04 levies a tax in the
amount of 1.00 mill on all properties within the Downtown Development Authority
Taxing District of the City of Delray Beach for fiscal year 2005. This millage exceeds
the 0.8477 rolled back rate calculated under the TRIM law by 17.97%.
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09/21/04
A public hearing was held having been legally advertised in compliance
with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Resolution No. 74-04,
the public hearing was closed.
Mrs. Archer moved to approve Resolution No. 74-04, seconded by Ms.
McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr.
Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a
4 to 0 vote.
10.C. RESOLUTION NO. 75-04 (FY 2005 BUDGET ADOPTION): A
resolution making appropriations of sums of money for all necessary expenditures of the
City of Delray Beach for the period October 1, 2004 through September 30, 2005. Prior
to consideration of passage of this resolution, a public hearing has been scheduled to be
held at this time.
The caption of Resolution No. 75-04 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
MAKING APPROPRIATIONS OF SUMS OF MONEY
FOR ALL NECESSARY EXPENDITURES OF THE
CITY OF DELRAY BEACH FOR THE PERIOD
FROM THE 1st DAY OF OCTOBER, 2004, TO THE
BOth DAY OF SEPTEMBER, 2005; TO PRESCRIBE
THE TERMS, CONDITIONS AND PROVISIONS
WITH RESPECT TO THE ITEMS OF
APPROPRIATIONS AND THEIR PAYMENT; AND
TO REPEAL ALL RESOLUTIONS WHOLLY IN
CONFLICT WITH THIS RESOLUTION AND ALL
RESOLUTIONS INCONSISTENT WITH THIS
RESOLUTION TO THE EXTENT OF SUCH
INCONSISTENCY.
(The official copy of Resolution No. 75-04 is on file in the City Clerk's
office.)
A public hearing was held having been legally advertised in compliance
with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Resolution No. 75-04,
the public hearing was closed.
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09/21/04
Mr. Levinson moved to adopt Resolution No. 75-04, seconded by Ms.
McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms.
McCarthy - Yes; Mayor Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 4
to 0 vote.
10.C.1. APPROVAL OF FIVE YEAR CAPITAL IMPROVEMENT PLAN:
Accept the Planning and Zoning Board's finding that the proposed Five Year Capital
Improvement Plan and FY 2005 Capital Improvement Budget are consistent with the
Comprehensive Plan, and approve same. Prior to consideration of passage of this item on
Second and FINAL Reading, a public hearing has been scheduled to be held at this time.
Paul Dorling, Planning and Zoning Director, stated the Planning and
Zoning Board formally reviewed the Capital Improvement Plan and Capital Improvement
Budget on September 20, 2004, as required by the Capital Improvement Element of the
Comprehensive Plan. The Board unanimously recommended approval.
Mayor Perlman re-opened the public hearing. There being no one from
the public who wished to address the Commission regarding the Five Year Capital
Improvement Plan, the public hearing was closed.
Ms. McCarthy moved to approve the Five Year Capital Improvement Plan
and fiscal year 2005 Capital Improvement Budget, seconded by Mrs. Archer. Upon roll
call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs.
Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote.
10.D. ORDINANCE NO. 47-04: Future Land Use Map (FLUM) Amendment
from MD (Medium Density Residential 5-12 dwelling units per acre) to TRN
(Transitional) and rezoning from RM (Medium Density Residential 6-12 dwelling units
per acre) to RO (Residential Office) for a 0.86 acre parcel of land, a portion of the
Lighthouse Property, bordered by S.W. 1st Street on the north, S.W. 1st Avenue on the
east, and S.W. 2nd Avenue on the west. Prior to consideration of passage of this
ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held
at this time. (Quasi-Judicial Hearing)
The caption of Ordinance No. 47-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE FUTURE LAND USE MAP
DESIGNATION AS CONTAINED IN THE
COMPREHENSIVE PLAN FROM MD (MEDIUM
DENSITY RESIDENTIAL 5-12 DU/AC) TO TRN
(TRANSITIONAL); ELECTING TO PROCEED
UNDER THE SINGLE HEARING ADOPTION
PROCESS FOR SMALL SCALE LAND USE PLAN
AMENDMENTS; AND REZONING AND PLACING
LAND PRESENTLY ZONED RM (MEDIUM
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09/21/04
DENSITY RESIDENTIAL) DISTRICT TO RO
(RESIDENTIAL OFFICE) DISTRICT; SAID LAND
BEING A PARCEL OF LAND LOCATED ON THE
SOUTH SIDE OF SW 1sT STREET, BETWEEN SW
1sT AVENUE AND SW 2ND AVENUE, AS MORE
PARTICULARLY DESCRIBED HEREIN;
AMENDING "ZONING MAP OF DELRAY BEACH,
FLORIDA, JULY 2004"; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND
AN EFFECTIVE DATE.
(The official copy of Ordinance No. 47-04 is on file in the City Clerk's
office.)
Chevelle D. Nubin, Acting City Clerk, swore in those individuals who
wished to give testimony on this item.
Mayor Perlman asked the Commission to disclose any ex parte
communications. Mr. Levinson disclosed that he was an observer at the Community
Redevelopment Agency (CRA) meeting. Ms. McCarthy disclosed that she attended a
meeting at New Urban Communities. Mayor Perlman and Mrs. Archer disclosed that
they too had a meeting several months ago with New Urban Communities.
Paul Dorling, Director of Planning and Zoning, stated this is 0.86 acre
parcel which is located at the former halfway house development known as The
Lighthouse. The mixed-use development will contain approximately 10,000 square feet
of office floor area and 30 townhomes. The proposed office use is permitted under the
proposed RO (Residential Office) zoning, but would not be allowed under the existing
RM (Medium Density Residential) zoning.
At its meeting of August 16, 2004, the Planning and Zoning Board held a
public hearing in conjunction with the Future Land Use Map Amendment and Rezoning
request. There was no public testimony regarding the request and after reviewing the
staff report and discussing the proposal, the Board recommended approval of both the
rezoning and the small scale amendment with a 5-0 vote (Pike absent, Morris stepped
down). Staff recommends approval of the request.
Kevin Rickard, New Urban Communities, stated they are asking for a
rezoning for less than one acre of the site referred to as The Lighthouse primarily because
they feel it is a good transitional use for the area.
Mrs. Archer moved to adopt Ordinance No. 47-04 on Second and FINAL
Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows:
Mayor Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes.
Said motion passed with a 4 to 0 vote.
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10.E. ORDINANCE NO. 50-04 (SECOND READING/SECOND PUBLIC
HEARING): An ordinance amending Land Development Regulations (LDR) Section
4.4.18(B)(4), "Service Industry", of the Planned Commerce Center Zoning District,
Allowed Uses, to add "Food Catering Establishments, preparation, and storage only (No
Food Served on Premises)" as a permitted use. Prior to consideration of passage of this
ordinance on Second Reading/Second Public Hearing, a public hearing has been
scheduled to be held at this time.
The caption of Ordinance No. 50-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF CODE OF ORDINANCES, BY
AMENDING SECTION 4.4.18, "PLANNED
COMMERCE CENTER (PCC) DISTRICT",
SUBSECTION 4.4.18(B), "ALLOWED USES", SUB-
SUBSECTION 4.4.18(B)(4), "SERVICE INDUSTRY",
PROVIDING THAT FOOD CATERING
ESTABLISHMENTS, PREPARATION AND
STORAGE ONLY, ARE AN ALLOWED USE
WITHIN THE "SERVICE INDUSTRY"
CLASSIFICATION; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE.
(The official copy of Ordinance No. 50-04 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated this is a privately
initiated amendment. Mr. Dorling stated the required findings are made in the Planning
and Zoning staff report and this is consistent with other service industry uses and noted
this is appropriate.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 50-04,
the public hearing was closed.
Ms. McCarthy moved to adopt Ordinance No. 50-04 on Second
Reading/Second Public Hearing, seconded by Mr. Levinson. Upon roll call the
Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy -
Yes; Mayor Perlman - Yes. Said motion passed with a 4 to 0 vote.
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10.F. ORDINANCE NO. 35-04 (FIRST READING/FIRST PUBLIC
HEARING): An ordinance amending Land Development Regulations (LDR) Section
4.6.9(E), "Location of Parking Spaces", relating to in-lieu fees and amending Appendix
"A" "Definitions", by enacting a definition for new development, redevelopment, and in-
fill development. If passed, a second public hearing will be scheduled for October 5,
2004. Prior to consideration of passage of this ordinance on FIRST Reading/First Public
Hearing, a public hearing has been scheduled to be held at this time.
The caption of Ordinance No. 35-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES,
BY AMENDING SECTION 4.6.9, "OFF-STREET
PARKING REGULATIONS", SUBSECTION 4.6.9(E),
"LOCATION OF PARKING SPACES" TO PROVIDE
FOR CHANGES IN THE IN-LIEU PARKING FEE,
MAXIMUM NUMBER OF IN-LIEU SPACES THAT
MAY BE PURCHASED, ALTERNATIVES TO
PURCHASING IN-LIEU FEE PARKING SPACES,
AND AMENDING THE IN-LIEU FEE DISTRICT
MAP TO REFLECT EXPANSION OF AREA 2;
AMENDING APPENDIX "A" BY ENACTING A
DEFINITION FOR "NEW DEVELOPMENT,
REDEVELOPMENT AND IN-FILL
DEVELOPMENT"; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE.
(The official copy of Ordinance No. 35-04 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated in June of 2003 the
Parking Management Advisory Board directed staff to develop some more stringent
criteria for the in-lieu fee program. Mr. Dorling stated the Historic Preservation Board
(HPB) reviewed this on December 3, 2003 and recommended approval. The Site Plan
Review and Appearance Board (SPRAB) reviewed the proposed amendment on
December 3, 2003 and the Board recommended approval. The Pineapple Grove Main
Street Board (PGMS) reviewed the proposed amendment on December 8, 2003 and no
formal action was taken by the Board. The West Atlantic Avenue Redevelopment
Coalition (WARC) reviewed the proposed amendment on December 10, 2003 and the
Board felt that the imposition of any restrictions or modifications to the program might
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09/21/04
stifle development in the area and requested that the West Atlantic Avenue corridor be
excluded from any proposed modifications. The Community Redevelopment Agency
(CRA) reviewed the proposed amendment on March 19, 2004 and the CRA Director
suggested that developers should be credited for the construction of on-street parking
spaces in the public right-of-way. This was addressed and incorporated into the final
draft of the ordinance and the Board recommended approval. The Downtown
Development Authority (DDA) reviewed the proposed amendment and the Board
recommended approval. The Parking Management Advisory Board (PMAB) reviewed
the proposed amendment on February 25, 2004 and the Board recommended approval.
Mayor Perlman declared the public hearing open.
Jim Smith, 1225 S. Ocean Boulevard, Delray Beach, agrees with the
recommendation set forth by the City Manager regarding the shared parking. He
supports shared parking; however, he does not believe the applicants should receive a
refund of in-lieu fees. Mr. Smith commented about the payment method for in-lieu
parking and discussed the two payment options. Secondly, he commented about the logic
in the in-lieu fee area in paragraph (E)(3)(a) and does not feel it would be in the best
interest of the City to exempt in-fill development from the new development. He also
expressed concern over the cost of the in-lieu parking fee, the operating expenses and
maintenance for the in-lieu spaces.
There being no one from the public who wished to address the
Commission regarding Ordinance No. 35-04, the public hearing was closed.
Brief discussion by the Commission followed.
Mr. Levinson stated he concurs with the City Manager on the shared
parking and would recommend that paragraph (E)(6) be removed from the ordinance.
Secondly, Mr. Levinson stated by placing a cap the number of in-lieu spaces would
attempt to deal with demand and he feels this is more of a supply problem. He stated it is
up to government to create these supply spaces particularly in redevelopment areas. Mr.
Levinson supports amending the proposed regulation to include the two changes.
Mrs. Archer stated she concurs with comments expressed by Mr.
Levinson. However, she concurs with comments expressed by Mr. Smith that new
development provides parking lot premise.
Mayor Perlman concurs with comments expressed by Mr. Levinson.
The City Manager commended staff and the Boards for the outstanding
job they have done. He stated in the process of working on this staff has put out inquiries
about what other people are doing and he noted this is very innovative and believes the
parking will happen. The City Manager stated the City of Delray Beach owns land where
additional garages can be built.
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09/21/04
Mrs. Archer stated one of the issues that also have to be addressed is
whether or not the City is going to continue to use in-lieu spaces or are we going to
require an assignment of space or shared use of space in parking garages. She feels this
should be taken into consideration as staff begins to move forward. Mayor Perlman
concurred with comments expressed by Mrs. Archer.
Ms. McCarthy moved to approve Ordinance No. 35-04 on First
Reading/First Public Hearing, seconded by Mr. Levinson. Upon roll call the Commission
voted as follows: Mrs. Archer - No; Mr. Levinson - No; Ms. McCarthy - No; Mayor
Perlman - No. Said motion was DENIED with a 4 to 0 vote.
10.G. ORDINANCE NO. 53-04: An ordinance amending Chapter 51,
"Garbage and Trash", of the City Code of Ordinances by amending Section 51.70,
"Regular Charges Levied", to provide for increasing contracted garbage, trash, recycling,
vegetation, and bulk waste collection service rates by 2.3% for FY 2005 effective
October 1, 2004. Prior to consideration of passage of this ordinance on Second and
FINAL Reading, a public hearing has been scheduled to be held at this time.
The caption of Ordinance No. 53-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 51, "GARBAGE AND
TRASH", OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, BY AMENDING
SECTION 51.70, "REGULAR CHARGES LEVIED",
TO PROVIDE FOR INCREASED RESIDENTIAL
AND COMMERCIAL COLLECTION SERVICE
RATES FOR FY 2005; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND
AN EFFECTIVE DATE.
(The official copy of Ordinance No. 53-04 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 53-04,
the public hearing was closed.
Ms. McCarthy moved to adopt Ordinance No. 53-04 on Second and
FINAL Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as
follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Archer
- Yes. Said motion passed with a 4 to 0 vote.
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09/21/04
10.H. ORDINANCE NO. 55-04: An ordinance amending Chapter 53,
"Sanitary Sewers", of the City Code of Ordinances by amending Section 53.130, "User
Charges; Wholesale Sewer Rates; Calculation of Sewer Surcharge", to provide for an
eight (8) percent increase in User Charges and an increase of $0.045 per 1,000 gallons for
treatment costs effective October 1, 2004. Prior to consideration of passage of this
ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held
at this time.
The caption of Ordinance No. 55-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 53, "SANITARY SEWERS",
OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, BY AMENDING SECTION
53.130, "USER CHARGES; WHOLESALE SEWER
RATES; CALCULATION OF SEWER
SURCHARGE", SUB SECTION 53.130(D), TO
PROVIDE FOR INCREASED RESIDENTIAL AND
NONRESIDENTIAL/COMMERCIAL RATES FOR
FY 2005; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 55-04 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 55-04,
the public hearing was closed.
Mrs. Archer moved to adopt Ordinance No. 55-04 on Second and FINAL
Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows:
Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes.
Said motion passed with a 4 to 0 vote.
10.I. ORDINANCE NO. 56-04: An ordinance amending Chapter 52, "Water"
of the City Code of Ordinances by amending Section 52.34, "Water Rates", to provide
for a two (2) percent increase in residential, nonresidential, and irrigation rates for FY
2005 effective October 1, 2004. Prior to consideration of passage of this ordinance on
Second and FINAL Reading, a public hearing has been scheduled to be held at this time.
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09/21/04
The caption of Ordinance No. 56-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 52, "WATER", OF THE
CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, BY AMENDING SECTION 52.34,
"WATER RATES", SUBSECTION 52.34(B), TO
PROVIDE FOR INCREASED RESIDENTIAL,
NONRESIDENTIAL AND IRRIGATION RATES FOR
FY 2005; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 56-04 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 56-04,
the public hearing was closed.
Ms. McCarthy moved to adopt Ordinance No. 56-04 on Second and
FINAL Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as
follows: Mayor Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy
- Yes. Said motion passed with a 4 to 0 vote.
10.J. ORDINANCE NO. 54-04: An ordinance amending Chapter 110,
"Occupational Licenses Generally", Section 110.15, "License Tax Schedule", of the City
Code of Ordinances to provide for a five (5) percent increase in all occupational license
tax fees effective October 1, 2004. Prior to consideration of passage of this ordinance on
Second and FINAL Reading, a public hearing has been scheduled to be held at this time.
The caption of Ordinance No. 54-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 110, "OCCUPATIONAL
LICENSES GENERALLY", SECTION 110.15,
"LICENSE TAX SCHEDULE", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH,
TO PROVIDE FOR AN INCREASE IN
OCCUPATIONAL LICENSE FEES: PROVIDING A
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09/21/04
GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 54-04 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 54-04,
the public hearing was closed.
Mr. Levinson moved to adopt Ordinance No. 54-04 on Second and FINAL
Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows:
Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes.
Said motion passed with a 4 to 0 vote.
10.K. TRANSFER OF PROPERTY/FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT): Consider the re-approval of transferring a two (2) foot
strip of property adjacent to Atlantic Avenue (new library site) to the Florida Department
of Transportation which is requiring this for road fight-of-way.
Mayor Perlman declared the public hearing open. There being no one
who wished to address the Commission regarding this item, the public hearing was
closed.
Mrs. Archer moved to approve the transfer of a two (2) foot strip of
property adjacent to Atlantic Avenue (new library site) to the Florida Department of
Transportation, seconded by Ms. McCarthy. Upon roll call the Commission voted as
follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman
- Yes. Said motion passed with a 4 to 0 vote.
At this point, the Commission moved to Item 11, Comments and
Inquiries on Non-Agenda Items from the City Manager and the Public.
ll.A. City Manager's response to prior public comments and inquiries.
The City Manager had no comments or inquiries on non-agenda items.
11.B. From the Public.
ll.B.1. Alice Finst~ 707 Place Tavant~ Delra¥ Beach~ speaking on behalf of the
Chatelaine Homeowners' League, she expressed concern over the "hat racking" that has
been prominent especially after Hurricane Frances. She stated in the past she called
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09/21/04
numerous times based on what she believed were violations of City Code which
supported preservation of mature trees. Mrs. Finst stated the interpretation she had of
"preservation" did not meet with the people she spoke to and the trees continued in their
pruning process to the point where they were "hat racked". She suggested that the City
look into re-interpretation of the existing Code and review the process that was done
about a year ago where the City Commission passed an ordinance as part of licensing for
yard maintenance which required some training in care of equipment to prevent spread of
citrus canker.
Speaking per the direction of the President of the Homeowners' League of
Chatelaine, Mrs. Finst stated there is a swimming pool that is not fenced in the Chatelaine
neighborhood and she feels this is an unsafe situation.
The City Manager stated Code Enforcement has been in contact with the
owner and the owner seems to be responding to what the City is asking him to do.
ll.B.2. Jim Smith~ 1225 S. Ocean Boulevard #202~ Delray Beach~ FL 33483
stated voters recently approved a $24 million Parks and Recreation Plan and he feels the
Plan did not include many of the "Quality of Life" improvements previously identified as
highly desirable by the residents. He read a brief statement into the record regarding the
"Quality of Life" improvements (a copy is attached hereto and made an official part of
the minutes).
At this point, the time being 8:13 p.m. the Commission moved back to
Item 9.B. of the Regular Agenda.
9.B. CONDITIONAL USE REQUEST/GROVE SQUARE: Consider a
request for conditional use approval to allow for a density in excess of 30 units per acre
(38.2 dwelling units per acre) and to allow for building height up to 54' 3" for Grove
Square, a proposed mixed-use development consisting of 800 square feet of retail floor
area and 55 dwelling units, located at the northeast corner of S.E. 1st Street and S.E. 2nd
Avenue. (Quasi-Judicial Hearing)
Chevelle D. Nubin, Acting City Clerk, swore in those individuals who
wished to give testimony on this item.
Mayor Perlman asked the Commission to disclose any ex parte contacts.
Mr. Levinson stated he met with Mr. Listick and his client. Ms. McCarthy stated she met
with Attorney's Listick & Krall and their client at their office. In addition, Ms. McCarthy
stated she also received a telephone call from a peer (Andrew Barber). Mayor Perlman
stated he did not have any meetings because of hurricanes and illness. Mrs. Archer stated
she met with Mr. Listick.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2004-287 into the record.
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09/21/04
Mr. Dorling stated this project involves the demolition of the existing
four-story office building and nightclub/bar (City Limits) along with its associated
pavilion and outdoor bar, and the construction of a five-story mixed-use building which
will include 800 square feet of retail floor area and a 61 space parking garage on the first
level; a 62 space parking garage on the second level; and residential dwelling units on the
third, fourth and fifth levels (55 dwelling units in total). The conditional use approval has
been requested to allow a density in excess of 30 units per acre (38.2 du/ac is proposed)
and to allow for a building height of up to 60' (54'-3" is proposed).
Mr. Dorling stated the project has been before the Planning and Zoning
Board on July 19th. At that time, they were requesting a height increase to 56 feet and a
unit breaker density of 43.75 units to the acre which resulted in 63 dwelling units. The
Board had some concerns at that time regarding the granting of conditional use for both
density and height in the same development and for the lack of commercial floor area
along S.E. 2nd Avenue. Therefore, the Board tabled this and gave direction to the
applicant and the applicant has further stepped back the building to reduce the bulk of the
structure and has provided modifications reducing the height slightly and to some of the
units to the lower levels indicated and they have added 800 square feet of floor area. The
required findings as they relate to height is Section 4.3.4(J)(4)(b) are made in the staff
report and the performance standards Section 4.4.13(I) which relate to granting of density
increases and noted five of those performance standards have been met. Three additional
ones can be met with conditions of approval which are attached and endorsed by the
Planning and Zoning.
At its meeting of August 16, 2004, the Planning and Zoning Board held a
public hearing in conjunction with the conditional use requests. There was no public
testimony regarding the request. After deliberation, the Board moved a recommendation
of approval for the conditional use request to allow for a building height of 54'-3" on a
vote of 3-2 (Borchardt and Morris dissenting, Pike absent, Krall stepped down) and
moved a recommendation of approval for the conditional use request to allow for a
density of 38.2 du/ac on a vote of 4-1 (Borchardt dissenting, Pike absent, Krall stepped
down), by adopting the findings of fact and law contained in the staff report, and finding
that the request and approval thereof is consistent with the Comprehensive Plan and
meets criteria set forth in Sections 2.4.5(E)(5), 4.3.4.(J)(4)(b), 4.4.13(I), and Chapter 3 of
the LDR' s, subject to the conditions listed in the Planning and Zoning Board staff report.
The Community Redevelopment Agency (CRA) had some concerns with respect to the
fifth floor and wanted some additional setback dimensions to mitigate its mass and also
expressed concerns relating to the lack of retail and requested that the height not be
approved in excess of 48 feet. At their meeting of August 12, 2004, the CRA
reconsidered this and there was a consensus that they still wanted the building to be 48
feet.
Michael Listick, Attorney with Listick & Krall, P.A., representing Faison-
Grove Square, L.L.C. (applicant), stated all the legal requirements have been met.
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09/21/04
Randall Stofft, Randall Stofft Architects, gave a brief overview of the
architectural elevations and he feels the development will be a great addition to the area.
Pryse Elam, Developer, 219 S.E. 7th Avenue, Delray Beach, FL, 33483,
stated this is his first project in Delray Beach and this is a very narrow site running along
a very active freight train track. Mr. Elam stated putting units on the ground next to all of
the rumbling noise was not an option. Therefore, he designed two levels of parking; one
being partially in the ground and then put the units above the parking and the purpose of
doing this is to get those units as far away from the train tracks as possible. Secondly,
these are smaller units compared to what is typically found in Delray Beach with sizes
starting a little less than 1,000 square feet in addition to taller ceilings.
Mr. Listick stated in conclusion they have met all the requirements for
density and height; worked with Planning and Zoning staff to make changes to comply
with all the design requirements; designed a project that will reduce traffic, increased
parking available to the public and have agreed to demolish an eyesore of a 60 foot
building.
Mayor Perlman stated if anyone from the public would like to speak in
favor or in opposition of the project, to come forward at this time.
Alice Finst, 707 Place Tavant, Delray Beach, FL, 33445, representing
Progressive Residents of Delray (PROD), asked about the people who live here and voted
to keep the height limit at 48 feet.
Jim Smith, 1225 S. Ocean Boulevard, Delray Beach, FL 33483, supports
the applicant and while he believes there should be laws that limit the height, he thinks
there should be exceptions to the limitations.
Tony Boueri, owner of Style & Wine, supports the developer and the
project.
No one else from the public came forward to speak in favor or in
opposition of the project; therefore the public hearing was closed.
Mr. Levinson stated he hopes there will be sufficient lighting along 2nd
Avenue.
Ms. McCarthy asked if there is a request for in-lieu parking associated
with this project. Mr. Dorling stated they provide all of their required spaces and a few
spaces over and above their requirement. In addition, they will also provide 12 on-street
parking spaces for the public.
Mayor Perlman asked for clarification as to whether the CRA voted on
this project. Mr. Dorling stated it was his understanding there was a consensus reached
that the applicant did not address their initial concerns between the first time they saw it
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09/21/04
and the second time they saw it. Mr. Levinson stated he attended the CRA meeting and
there was mixed reviews regarding the height and there was no official vote.
Mayor Perlman stated there was some testimony regarding affordability
and asked how affordability is being redefined in relation to this project. Mr. Listick
stated there will be nothing under $200,000 and commented that affordability does not
have an official definition in his mind.
Prior to the motion, Mayor Perlman expressed concerns over the height
limit being in excess of 48 feet and stated a building that is beyond four stories does
change the character. He concurs with the applicant that this is a core block of the City
and expressed concern over a mixed-use building that only has 800 square feet of retail.
Mayor Perlman stated a key element to the downtown is residential, retail, restaurants
and employment and he feels the missing element to the downtown is the lack of
employment.
Mrs. Archer stated the size of this building and location of the lot prohibit
a lot more retail will still being able to meet the parking requirements. She feels the
developer has gone above and beyond to accommodate the City. Mrs. Archer stated
across the street there will be a parking garage and she feels it will be difficult to put
more retail on this location at the current time.
Ms. McCarthy stated this is one building where she feels the developer has
been creative and put the parking within the building and they do not compromise the
Comprehensive Plan and the City's goals. She stated they have kept the viable
businesses on Atlantic Avenue in place so that it embraces the goals especially for the
pedestrian walk. Ms. McCarthy stated they have done the setback required of them and
she strongly supports the project largely because of their being self-contained.
Mr. Levinson stated he is sensitive to the issue of height; however, he
disagrees with comments expressed by a member from the public and stated people voted
for 48 feet with an exception in the CBD (Central Business District) for 60 feet when
appropriate.
Mr. Levinson moved to approve the conditional use request to allow for a
building height in excess of 48 feet (54' - 3") for Grove Square, by adopting the findings
of fact and law contained in the staff report, and finding that the request and approval
thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections
2.4.5(E)(5), 4.3.4(J)(4)(b), and Chapter 3 of the LDR's subject to the conditions listed in
the Planning and Zoning Board staff report; and, with the added condition that the excess
height apply only to the project as proposed and does not apply to the current buildings
that exist fronting Atlantic Avenue, seconded by Mrs. Archer. Upon roll call the
Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor
Perlman - No; Mrs. Archer - Yes. Said motion passed with a 3 to 1 vote.
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09/21/04
Mr. Levinson moved to approve the conditional use request to allow for a
density in excess of 30 units per acre (38.2 du/ac) for Grove Square, by adopting the
findings of fact and law contained in the staff report, and finding that the request and
approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in
Sections 2.4.5(E)(5), 4.4.13(I), and Chapter 3 of the Land Development Regulations,
subject to the conditions listed in the Planning and Zoning Board staff report; and, with
the added condition that the density apply only to the new construction and not on the
existing commercial space fronting Atlantic Avenue, seconded by Mrs. Archer. Upon
roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - No;
Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 3 to 1 vote.
9.C. REQUEST FOR IN-LIEU PARKING SPACES/JOE' S
RESTAURANT: Consider a request from Joe's Restaurant for the purchase of four (4)
in-lieu parking spaces in the amount of $48,000.00. Joe's Restaurant is located at 19-23
S.E. 5th Avenue (Southbound Federal Highway). (Quasi-Judicial Hearing)
Chevelle D. Nubin, Acting City Clerk, swore in those individuals who
wished to give testimony on this item.
Mayor Perlman asked the Commission to disclose any ex parte
communications. Mr. Levinson stated he had a telephone conversation earlier today with
Jay Hasher. Ms. McCarthy stated she too had a telephone conversation today with Jay
Hasher. Mayor Perlman stated he received a message from Jay Hasher; however, he did
not get the opportunity to return the call. Mrs. Archer had no ex parte communications to
disclose.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2004-343 into the record.
Mr. Dorling stated this request is a Class IH site plan modification to
convert 1,320 square feet of an existing Barber Shop and retail bay to a restaurant. This
proposed conversion requires the provision of four (4) additional spaces to accommodate
the difference between these uses. LDR Section 4.6.9(E)(3) states "If it is impossible or
inappropriate to provide the required on-site or off-site parking spaces, the City
Commission may approve the payment of a fee in-lieu of providing such required
parking..." The applicant is requesting to purchase four (4) in-lieu spaces at a cost of
$12,000 per space totaling $48,000. The subject property has a pre-existing non-
conformity (5 space shortage) with respect to parking and currently has no parking
spaces. The approval of this request would result in the property having 100% of its
parking through a combination of a pre-existing nonconformity credit and in-lieu of fees.
At its meeting of August 12, 2004, the Community Redevelopment
Agency considered the request and recommended approval; at its meeting of August 13,
2004, the Downtown Development Authority considered the request and while not
having a quorum, provided a consensus of approval; and, at its meeting of August 24,
2004, the Parking Management Advisory Board recommended approval of the proposed
project.
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09/21/04
Michael Weiner, Attorney with Weiner & Aronson, P.A. (102 N. Swinton
Avenue) representing Joe's Restaurant (applicant), stated the way in-lieu is presently
structured they meet the criteria under the old ordinances. Mr. Weiner stated they are
proceeding under LDR Section 4.6.9(E)(3) which states "If it is impossible or
inappropriate to provide the required on-site or off-site parking spaces, the City
Commission may approve the payment of a fee in-lieu of providing such required
parking..." Mr. Weiner stated the applicant showed that it is impossible or inappropriate
to provide the required number of spaces. Mr. Weiner made reference to the
Comprehensive Plan and read Policy C.4-1 of the Future Land Use Element into the
record. Mr. Weiner stated the applicant is not putting a restaurant on the second floor and
noted they have met the burden of proof under the existing in-lieu parking ordinance.
Mayor Perlman declared the public hearing open.
Jim Smith, 1225 S. Ocean Boulevard, Delray Beach, read into the record a
statement regarding Downtown Parking Problems (a copy is attached hereto and made an
official part of the minutes).
There being no one else who wished to address the Commission regarding
the in-lieu request, the public hearing was closed.
At this point, Mr. Weiner gave a brief rebuttal.
Mrs. Archer moved to approve the request from Joe's Restaurant for the
purchase of four (4) in-lieu parking spaces totaling $48,000.00, seconded by Ms.
McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes;
Mayor Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with
a 4 to 0 vote.
9.D. REQUEST FOR IN-LIEU PARKING SPACES/COLD STONE
CREAMERY: Consider a request from Cold Stone Creamery for the purchase of five
(5) in-lieu parking spaces in the amount of $60,000.00. Cold Stone Creamery is located
at 110 East Atlantic Avenue. (Quasi-Judicial Hearing)
Chevelle D. Nubin, Acting City Clerk, swore in those individuals who
wished to give testimony on this item.
Mayor Perlman asked the Commission to disclose any ex parte
communications. No ex parte communications were disclosed.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2004-350.
Mr. Dorling stated the request is a conversion of 1,607 square feet of
office space to a restaurant. LDR Section 4.6.9(E)(3) states "If it is impossible or
inappropriate to provide the required on-site or off-site parking spaces, the City
Commission may approve the payment of a fee in-lieu of providing such required
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09/21/04
parking..." The applicant is requesting to purchase five (5) in-lieu spaces at a cost of
$12,000 per space totaling $60,000 to be paid in full upon issuance of a building permit.
At its meeting of August 26, 2004, the Community Redevelopment
Agency (CRA) considered this request and the Board recommended denial of the
proposed project with a 2-3 vote based on a concern with the number of in-lieu spaces
requested; at its meeting of August 13, 2004, the Downtown Development Authority
while not having a quorum, provided a consensus approving the proposed project; and at
its meeting of August 24, 2004, the Parking Management Advisory Board recommended
approval of the applicant's request by a 4-3 margin.
Michael Weiner, Attorney with Weiner & Aronson, P.A. (102 N. Swinton
Avenue) representing Cold Stone Creamery (applicant), stated the way in-lieu is
presently structured they meet the criteria under the old ordinances and under these
circumstances have met the burden of proof.
Mayor Perlman declared the public hearing open.
Jim Smith, 1225 S. Ocean Boulevard, Delray Beach, read into the record a
statement regarding Parking Facts (a copy is attached hereto and made an official part of
the minutes). Mr. Smith stated he supports staff' s recommendation.
There being no one else who wished to address the Commission regarding
the in-lieu request, the public hearing was closed.
At this point, Mr. Weiner gave a brief rebuttal.
Ms. McCarthy moved to approve the request from Cold Stone Creamery
for the purchase of five (5) in-lieu parking spaces by adopting the findings of fact and law
contained in the staff report, and finding that the request is consistent with the
Comprehensive Plan and meets the criteria set forth in Section 4.6.9(E) of the LDR's,
seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor
Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said
motion passed with a 4 to 0 vote.
9.E. REQUEST FOR IN-LIEU PARKING SPACES/ATLANTIC
COFFEE AND TEA: Consider a request from Atlantic Coffee and Tea for the purchase
of two (2) in-lieu parking spaces in the amount of $24,000.00. Atlantic Coffee and Tea is
located at 504 East Atlantic Avenue. (Quasi-Judicial Hearing)
Chevelle D. Nubin, Acting City Clerk, swore in those individuals who
wished to give testimony on this item.
Mayor Perlman asked the Commission to disclose any ex parte
communications. No ex parte communications were disclosed.
- 25 -
09/21/04
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2004-339 into the record.
Mr. Dorling stated this developer initially received approval for three (3)
in-lieu spaces. Subsequent to paying the required $36,000 certain site plan modifications
were submitted reducing the square footage of the proposed project resulting in a
reduction of required in-lieu spaces to one (1) space. Atlantic Coffee & Tea has
submitted a Class III site plan modification to convert a total of 750 square feet of retail
space within the Atlantic Antique Mall to restaurant. The site plan proposes to convert
500 square feet on the first level to a coffee shop and an additional 160 square feet on the
second level for an associated seating area.
Francisco Perez-Azua, applicant, announced he is present for any
questions.
Mayor Perlman declared the public hearing open.
Jim Smith, 1225 S. Ocean Boulevard, Delray Beach, read into the record a
statement regarding Parking Responsibility (a copy is attached hereto and made an
official part of the minutes). Mr. Smith stated he supports staffs recommendation.
There being no one else from the public who wished to address the
Commission regarding the in-lieu request, the public hearing was closed.
Mayor Perlman stated the City is building numerous parking garages,
looking at the ordinance, and moving with all due haste.
Mrs. Archer moved to approve the request from Atlantic Coffee & Tea for
the purchase of two (2) in-lieu spaces in the amount of $24,000.00, seconded by Mr.
Levinson. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr.
Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a
4 to 0 vote.
9.F. REQUEST FOR IN-LIEU PARKING SPACES/MANO-A-MANO
(AKA TAPAS): Consider a request from Mano-A-Mano (aka Tapas) for the purchase of'
one (1) in-lieu parking space in the amount of' $6,000.00. Mano-A-Mano is located at g
East Atlantic Avenue. (Quasi-Judicial Hearing)
Chevelle D. Nubin, Acting City Clerk, swore in those individuals who
wished to give testimony on this item.
Mayor Perlman asked the Commission to disclose any ex parte
communications. No ex parte communications were disclosed.
Paul Dorling, Director of' Planning and Zoning, entered the Planning and
Zoning Department project file #2004-336 into the record.
- 26 -
09/21/04
Mr. Dorling stated this is a request for a Class III site plan modification to
convert a 2,850 square foot retail bay to restaurant. The restaurant, renamed Mano-A-
Mano, has submitted a Class IH site plan modification for the conversion of the 346
square foot second floor residential space to office space associated with the first floor
restaurant. LDR Section 4.4.13(G)(1) requires one (1) additional parking space at a cost
of $6,000 to be paid in full upon issuance of the building permit.
At its meeting of August 12, 2004, the Community Redevelopment
Agency (CRA) unanimously recommended approval; at its meeting of August 13, 2004,
and while not having a quorum, the Downtown Development Authority (DDA) provided
a consensus approving the project; and, at its meeting of August 24, 2004, the Parking
Management Advisory Board (PMAB) unanimously recommended approval.
At this point, the applicant announced he is present for any questions.
Mayor Perlman declared the public hearing open.
Jim Smith, 1225 S. Ocean Boulevard, Delray Beach, read into the record a
statement regarding Parking (a copy is attached hereto and made an official part of the
minutes). Mr. Smith stated he supports staff s recommendation.
There being no one else from the public who wished to address the
Commission regarding the in-lieu request, the public hearing was closed.
Mrs. Archer moved to approve the request from Mano-A-Mano (a/Ua
Tapas) for the purchase of one (1) in-lieu parking space in the amount of $6,000.00,
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs.
Archer - Yes; Mr. Levinson -Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said
motion passed with a 4 to 0 vote.
9.G. REQUEST FOR IN-LIEU PARKING SPACES/329 PINEAPPLE
GROVE WAY: Consider a request from 329 Pineapple Grove Way for the purchase of
one (1) in-lieu parking space in the amount of $6,000.00. (Quasi-JudicialHearing)
Chevelle D. Nubin, Acting City Clerk, swore in those individuals who
wished to give testimony on this item.
Mayor Perlman asked the Commission to disclose any ex parte
communications. No ex parte communications were disclosed.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2003-345 into the record.
Mr. Dorling stated recently the Site Plan Review and Appearance
(SPRAB) approved a mixed use building located at 329 Pineapple Grove Way which
includes 4,621 square feet of retail space on the ground floor and four (4) residential units
- 27 -
09/21/04
on the second floor. The site plan proposes the construction of a 23 space parking lot to
the rear of the structure on the west side of the property and an additional four (4) parallel
parking spaces adjacent to the alley for a total of 27 spaces. LDR Section 4.6.9(E)(3)(e)
states if it is impossible or inappropriate to provide the required on-site or off-site parking
spaces, the City Commission may approve the payment of a fee in-lieu of providing such
required parking.
At its meeting of September 11, 2003, the Community Redevelopment
Agency (CRA) approved the development proposal; at its meeting of September 19,
2003, the Downtown Development Authority (DDA) approved the development
proposal; at its meeting of October 6, 2003, the Pineapple Grove Design Committee
approved the development proposal; and, at its meeting of October 22, 2003, the Site
Plan Review and Appearance Board (SPRAB) approved the development proposal.
Mayor Perlman declared the public hearing open.
Jim Smith, 1225 S. Ocean Boulevard, Delray Beach, read into the record a
statement regarding Parking Shortages (a copy is attached hereto and made an official
part of the minutes). Mr. Smith stated he supports staff s recommendation.
There being no one else who wished to address the Commission regarding
the in-lieu request, the public hearing was closed.
Mr. Levinson moved to approve the request from 329 Pineapple Grove
Way for the purchase of one (1) in-lieu parking space in the amount of $6,000.00,
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr.
Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Archer - Yes. Said
motion passed with a 4 to 0 vote.
9.H. GOLF COURSES MANAGEMENT SERVICE
AGREEMENT/BJCE~ INC: Consider approval of an agreement between the City and
BJCE, Inc. to provide for the management services at the Municipal Golf Course and the
Lakeview Golf Course for the period October 1, 2004 through September 30, 2008.
Mr. Levinson commented about Item 9 (Performance Bonus) on Page 5 of
the agreement.
Robert A. Barcinski, Assistant City Manager, stated this language was
changed one year ago due to direction of the City's Bond Attorney. Mr. Levinson stated
he would like to ensure the point system is continued which may include revenues or net
income. Mr. Levinson stated the agreement calls for the marketing business plan to be
provided by August 31st and he would like to ensure that is envisioned to include the
pricing of the golf course. He stated he wants to make sure that this is being done early
enough so that it can be used in the calculation of revenues as opposed to after the fact.
Ms. McCarthy asked if the August 31st date should be amended to reflect
an earlier date prior to the budget review process. The City Manager suggested that the
- 28 -
09/21/04
company submit a marketing business plan on a yearly basis by July 1st. The
Commission concurred that the date be changed from August 31st to July 1st
Mr. Levinson moved to approve the agreement between the City and
BJCE, Inc. to provide for the management services at the Municipal Golf Course and the
Lakeview Golf Course as amended, seconded by Ms. McCarthy. Upon roll call the
Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Archer
- Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote.
9.1. TENNIS FACILITIES MANAGEMENT SERVICE
AGREEMENT/DUBIN AND ASSOCIATES, INC.: Consider approval of an
agreement between the City and Dubin and Associates, Inc. to provide for the
management services at the Municipal Tennis Center and the Delray Swim and Tennis
Club for the period October 1, 2004 through September 30, 2008.
The same changes discussed in Item 9.H. also apply to the Tennis
Facilities Management Service Agreement.
Mr. Levinson moved to approve the Tennis Facilities Management Service
Agreement between the City and Dubin and Associates, Inc. as amended, seconded by
Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Perlman - Yes;
Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with
a 4 to 0 vote.
9.J. FY 2005 GOLF RATES/LAKEVIEW GOLF COURSE: Approve the
proposed FY 2005 maximum golf rates for the Lakeview Golf Course.
Robert A. Barcinski, Assistant City Manager, stated this is a request for
the proposed maximum rate schedule for the Lakeview Golf Course along with a rate
comparison for other like golf courses. Fees proposed are in line with other comparable
courses.
Mr. Levinson stated numbers are not coinciding between the competitive
analysis and what the existing rates are as being shown. He stated he would like to leave
the existing rates the way they are until the first City Commission meeting in October.
It was the consensus of the Commission to delay this item to the regular
City Commission meeting of October 5, 2004.
9.K. FY 2005 GOLF RATES/MUNICIPAL GOLF COURSE: Approve the
proposed FY 2005 maximum golf rates for the Municipal Golf Course.
It was the consensus of the Commission to delay this item to the regular
City Commission meeting of October 5, 2004.
9.L. FY 2005 TENNIS RATES/TENNIS FACILITIES: Approve the
proposed FY 2005 maximum tennis rates for the Tennis Facilities.
- 29 -
09/21/04
It was the consensus of the Commission to delay this item to the regular
City Commission meeting of October 5, 2004.
9.M. SPECIAL EVENT REQUEST/CELEBRATE AMERICA: Consider a
special event request to allow "Celebrate America" sponsored by Perfect Results, Inc., to
be held on October 16, 2004 from 11:00 a.m. until 7:00 p.m. and to authorize staff
assistance for traffic control/security, trash removal/clean up, event signage, and
barricade set up with event signage to be installed no earlier than October 8, 2004;
contingent on the sponsor providing a hold harmless agreement and a certificate of
liability insurance by October 8, 2004.
Robert A. Barcinski, Assistant City Manager, stated this item is a request
for City Commission approval of a special event entitled "Celebrate America" sponsored
by Perfect Results, Inc. to be held on October 16, 2004 from 11:00 a.m. to 7:00 p.m., and
to authorize staff support for traffic control and security, trash removal and clean up
assistance, barricading assistance and event signage. Estimated staff overtime for this
event is about $2,650 and the cost for signage is $250. Originally EMS service was
requested; however, the Fire-Rescue Department does not feel it is necessary for this
event. Staff recommends approval with the following conditions: (1) Sponsor submits
an executed Hold Harmless Agreement by 10/08/04; (2) Sponsor submits a copy of
liability insurance certificate by 10/08/04, and (3) Event signage to be installed no earlier
than 10/08/04.
Mrs. Archer inquired about the sixty day notice for an event and the partial
list of partners and whether or not these individuals are participating. Ms. Tolliver stated
the list of partners is people that she has a working relationship with that are always
invited to all of the events. Ms. Tolliver stated she directly sponsors through her
company or through other agencies and provides consulting services for these
individuals.
Jane Bassa Tolliver, Perfect Results, Inc. stated the event is free and
thanked the Commission for their support. She stated the festival is geared toward
inviting people to come to a festive atmosphere and Phase two is a television production
which will be a production that the company will produce that will be shown on
television and will highlight these success stories and key elements of the City of Delray
Beach.
Mr. Levinson moved to approve the special event request to allow
"Celebrate America" sponsored by Perfect Results, Inc. to be held on October 16, 2004
from 11:00 a.m. until 7:00 p.m., subject to the three conditions as recommended in staff's
memorandum dated September 13, 2004, seconded by Ms. McCarthy. Upon roll call the
Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy -
Yes; Mayor Perlman - Yes. Said motion passed with a 4 to 0 vote.
9.N. INTERLOCAL AGREEMENT WITH THE COMMUNITY
REDEVELOPMENT AGENCY (CRA)/LANDSCAPING IMPROVEMENTS/N.E.
3m~ AVENUE: Consider approval of an Interlocal Agreement between the City and the
-30-
09/21/04
Community Redevelopment Agency (CRA) in an amount not to exceed $33,000.00 to
fund the landscaping and irrigation improvements for the N.E. 3rd Avenue Beautification
drainage areas and $6,970.00 for the removal of Australian Pine Trees. Funding is
available from 334-3162-541-63.20 (General Construction
Fund/Landscaping/Beautification).
Brian Shutt, Assistant City Attorney, stated this agreement is between the
Community Redevelopment Agency (CRA) and the City of Delray Beach and provides
for the CRA to provide certain funding for landscaping and irrigation improvements
along N.E. 3rd Avenue as well as to provide funding to remove certain Australian pine
trees.
Mrs. Archer moved to approve the Interlocal Agreement between the City
of Delray Beach and the Community Redevelopment Agency (CRA) in the amount not to
exceed $33,000.00, seconded by Mr. Levinson. Upon roll call the Commission voted as
follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman
- Yes. Said motion passed with a 4 to 0 vote.
9.0. THIS ITEM HAS BEEN DEFERRED TO THE REGULAR CITY
COMMISSION MEETING OF OCTOBER 5, 2004.
9.P. THIS ITEM HAS BEEN DEFERRED TO THE REGULAR CITY
COMMISSION MEETING OF OCTOBER 5, 2004.
9.Q. THIS ITEM HAS BEEN DEFERRED TO THE REGULAR CITY
COMMISSION MEETING OF OCTOBER 5, 2004.
9.R. THIS ITEM HAS BEEN DEFERRED TO THE REGULAR CITY
COMMISSION MEETING OF OCTOBER 5, 2004.
9.S. THIS ITEM HAS BEEN DEFERRED TO THE REGULAR CITY
COMMISSION MEETING OF OCTOBER 5, 2004.
9.T. THIS ITEM HAS BEEN DEFERRED TO THE REGULAR CITY
COMMISSION MEETING OF OCTOBER 5, 2004.
12. FIRST READINGS:
None.
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A. City Manager
The City Manager had no comments or inquiries on non-agenda items.
-31 -
09/21/04
13.B. City Attorney
The City Attorney had no comments or inquiries on non-agenda items.
13.C. City Commission
13.C.1. Mrs. Archer
Mrs. Archer had no comments or inquiries on non-agenda items.
13.C.2. Ms. McCarthy
Ms. McCarthy asked whether the rest of the Commission has been
receiving emails that do not go through because of the "esafe" block.
She stated the Resurrection Life Fellowship Church of God located at 209
S.W. 5th Avenue in Delray Beach is doing a relief effort for both Jamaica and Haiti.
13.C.3. Mr. Levinson
Mr. Levinson stated there are some good ordinances with regard to the
issue of trees and stated he is not concerned with "hat racking" anymore because he
thinks the City can go ahead and take things down if property owners do not. Mr.
Levinson suggested that staff draft something that addresses some of these problems
because he believes it was the source of a lot of the frustration that people had with
regard to losing their electricity.
Secondly, he stated he is glad to see there has been an update on the email
system/list serve and asked for a preview of it beforehand to ensure it meets the
objectives of the Commission.
With regard to the response system for complaints and comments (the
Better Place Complaint/Compliment Tracking System), Mr. Levinson stated there was
some discussion about whether or not an automated response system could be generated
so that when a person places a complaint or comment they can get an acknowledgment
that the complaint or comment was at least received. He suggested that an automated
response system be implemented to alert people that their comments have been received.
He commented about a letter he received from the Museum of Lifestyle
and Fashion and how it would be approximately 1 lA years before anything would be done
with the property. Mr. Levinson stated he previously expressed his concern about the
potential contamination on this site and whether it may have any impact on the
community. He suggested that if it is going to take this long that the City may want to
consider eminent domain to clean up the property. In addition, Mr. Levinson stated the
mitigation should take place on a timely basis and he does not feel the current timeframe
is appropriate.
- 32-
09/21/04
..._ 13.C.4. Mayor Perlman
Mayor Perlman commented about the devastation in Haiti and the
substantial loss of life due to the hurricanes. Father Roland with Our Lady of Perpetual
Help Church is collecting money for the victims in Haiti and coordinating Delray relief
efforts. He stated Ivan Ladizinsky, Public Information Officer, is working with the
organizers to see if a booth can be set up at the Haitian Cultural Festival to collect money
for Haiti.
There being no further business, Mayor Perlman declared the meeting
adjourned at 10:02 p.m.
Acting City Clerk
ATTEST:
The undersigned is the Acting 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 September 21, 2004, which Minutes were formally approved and adopted by the City
Commission on October 5, 2006
Acting 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.
-33 -
09/21/04
Planning and Zoning Dept./Site Plan and Appearance Board
Re: Meeting Tuesday September 21, 2004
Palms of Delray, Tract B
Raymond Schamis
2590 Albatross Rd N. Unit D.
Delray Beach FL, 33444
Since I will be unable to attend lhe meeting l.am sending you my
COmments in writing to be COnsidered. I'll keep it brief with just the facts.
Tract A is the Palms of Deb-ay Homeowners Association. Tract B is a
rental COmmunity, who uses the name. Each community has 8 building with
4 units in each with identical structures. All the building in the Palms of
Delray, whether the rental COmmunity or the homeowners association are
identical in swucture except the pool clubhouse.
The land in question for the 10 unit building was originally
designated for a recreational area. This building, which I am told will look
nothing like any of the other units in either Tract A or B, will literally
overshadow our community pool, restricting our enjoyment of a recreational
'-- area that has been there for over 20 years. Original community documents
on file when I purchased my property, which is the closest unit to the new
proposed building, state the land is to be a "tennis court".
The impact of 14 new units overall will add upwards of 50 m°re
people misusing our COmmunity pool, letting there dogs crap in our grass,
and parking in our community lots thus creating even more expense and
problems for Palms of Delray Homeowners Association (Tract A). It has
been a constant battle for years trying to keep Tract B renters fxom abusing
our common areas.
I feel your decision is more of less a starting point in a legal battle.
Tract B is will fight for his fight to build on what he considers private
property in order to increase his investment, and I will fight to keep my
homestead from being overrun by a rental community.
Thank you
Raymond Schamis, Palms of Delray Homeowner 2590 D
September 21, 2004
City of Delray Beach
100 Northwest First Avenue
Delray Beach, Florida 33444
To Whom It May Concern
This letter is written to inform the city council of my opinion, as a unit owner of The Palms of
Delray, as to the building of additional units on Tract B at The Palms of Delray.
In residing at The Palms of Delray for the last five years, I have come to the conclusion
that the construction of additional condominium units by Mr. Michael should not be halted if
these units are built by the Board's specifications and all legalities are met.
Statements voiced by Mr. Peter Scott, and previous counsel that all unit owners here are in favor
of this appeal's process and the halting of construction are not accurate. This appeal does not
have the consent by all of the unit owners residing on Tract A_
Sincerely'
Dianna BeDilion
08,/04/2004 20:32 :~058,540504 ._l' & C !_~MITH PAGE 03
Downtown Parking Problems
Tonight, the City Commission will be considering five In lieu
parking requests. In the future, there likely will be ~ more
similar requests.., one, after the other.
The problem with in lieu parking fees is threefold: first, they are
a crutch that allows developers to over build on their own
property by not requiring them to provide for their own parking
requirements; second, current in lieu parking fee levels are set.
too Iow to provide for substitute parking (Instead we are in effect
selling parking spaces below the market rate; and, third, we are
not anticipating and providing for sufficient parking.
As a result, more and more motorists are driving around looking
for parking spaces, and residents are left holding the bag for
more parking garages. Additionally, there are quality of life
issues. Who wants more cars driving around downtown on
-- Atlantic Avenue looking for parking spaces? Who hones'Jy
believes that we need more restaurants on Atlantic Avenue?
Who among us want more valet parking spaces on Atlantic
Avenue? And, if taxpayers are asked to continually foot the bill
for more and more parking garages it will only mean that there
will be that much less taxpayer funds available for other
desirable projects.
CleaHy, our current system is woefully inadequate and needs to
be fixed. It needs to be replaced with a coherent and balanced
downtown parking policy...a policy that ensures a livable and
vibrant downtown and considers quality of life issues that
preserve our '~/lllage by the Sea".
No one, no one, no one, wants Delray Beach to become Just
another Megatropolis!
Jim Smith
RECEIVED
SEP 2 7 200~
CiTY CLERK
88/84/2884 28:32 3858548584 .] & ,3 SMITH P~6E 84
-- Parking Facts
Before we are able to develop possible solutions to our perking dilemma, we
must first acknowledge soma basic facts'about downtown parking.
First, we must realize that It Is no longer realistically possible to expect to be able
to park directly in front of one's downtown de~tlnatlon. Those days are gone
forever.
Second, downtown parldng is a legitimate City rl41)onsiblllty, not unlike building
City streets and City sidewalks. There ts no one else who will voluntarily ~.cept
Third, the City, through Its policies, must decide whether or not It vdll allow
developers to overbuild and be allowed to continue purchasing pad<lng sp~ces
from the City.
Fourth, there is no such thing as "free parking'. Uke any other cofnnm<lty,
someone mu~t pay. Based on the estimated cost of building the Old ~
Square p~king garage, we can easily determine the cost of a pad<lng specs by
dividing the number of spaces Into that estimated land acquisition and
construction cost. In addition to that cost, wa must add In the cost of perking
studies and analysis, estimated Interest carrying costs, and operating costs
(Including maintenance).
Fiflft, someone must get the bill for perking. It may be the develops, if the City
declcles that developers are required to provide for alt of their own perking
requiremants; it may be the motorist, ff the City decides to collect perking feel; It
may be ;ill the downtown property owners, if the City decides to levy a parking
tax; It may be all Delray B4mch property owners via an Increase In property taxes;
or, it may be a combination of all these alternatives.
And, finally we must realize that In addition to the financial cost, them is a qusllty
of life cost associated with overdevelopment and by having too many motor
vehicles in a restricted space. Noise pollution, ;dr pollution, and traffic congestion
are not pleasant conditions.
In fact, when given a choice, nto~t people would prefer & more people fltendly
environment than that.
Jim Smith
RECEIVED
SEP 2 7 2006
CITY CLERK
08/04/200q 20:~_ 3058540504 J & ,~ SMITH PA~-~E B5
-- Pa ing Responsibility
As we have learned, the City is ultimately responsible for downtown p;~klng. I, fact,
to a certain extent, the City is able to control and direct growth by Its parking
policies.
If the City chooses to turn its back - either ignoring its parking responsibility or
discharging its duty incorrecUy - Delray Beach could become a megatropolis with
traffic and parking congestion as far as the eye can see.
Let's examine the various tools the City has at its disposal to limit explosive and
unmanageable growth.
First, allowing or disallowing developers Ihs option of building larger buildings by
permitl]ng them to "buy" parking from the City.
Second, recognizing present parking deficiencies and better anticipating future
needs. A case in point, is how quickly the City will act to build a parking garage east
of the railroad tracks to make up for the loss of parking at the "old' library site.
Third, placing a user's tax on motorists - I.e. Installing parking meters throughout
the downtown area. This action would also generate hundreds of thousands of
dollars annually of new revenue for the City.
Four, Increasing in4ieu parking fees to cover the real cost of providing sub~tltute
parking spaCes.
Flys, levying a parking fee on all downtown properly owners and,
Six, asking all Delray Beach property owners to pay for downtown parking as was
recently done with the Old School Square Parking Garage.
Obviously, some of these options are more onerous than other~.
What should we do?
The fiat step is that the City needs to accept, recognize, and publicly acknowledge
its parking responsibility. It needs to be pro-active by providing leadership and
public education about Its role, and it needs to act quickly to eliminate today's
parking deficiencies and better anticipate tomorrow's needs.
Next, let's talk about whom should pay for parking and why ....
Jim Smith
RECEIVED
SEP 2 7 200 ,
CITY CLERK
08/04/2004 20:32 3058548504 J & C SMITH PAGE
-- Parking: #1. Who Should Pay and Why
Like most problems, there are no simple solutions for improving downtown
parking.
Obviously, as we explore a possible solution or solutions, we must make
subjective judgments, guided by personal principles.
For me, some of those principles include fairness to all, maintaining the charm of
the "Village by the Sea", distain for uncontrollable and unmanageable growth,
ensuring a livable, vitalized, bustling, and prosperous downtown, and providing a
higher quality of life in the future for all of us.
We can begin our search for a downtown parking solution by first eliminating
what I believe to be the worst possible alternative for paying for downtown
parking. I believe that It would be outrageously unfair to ask our existing
downtown property owners to pay for paridng. They have played by the rules and
should not be singled out to foot a new tax.
I also believe that if we are to include in-lieu parking fees as part of our solution,
then the fees need to be Increased to match the real cost of providing substitute
parking. That's only fair, too.
Another answer is to install parking meters west of the Intracostal. Parking
meters distribute the burden to the user and should be in the solution mix.., after
all the automobile is the real villain. You just can't make it disappear on command
(as much as we'd like to). Parking meters already exist east of the intracostal, and
it is only fair that businesses on the other side of the bridge do not retain an
unfair customer advantage. Parking meters would also discourage downtown
business employees from parking in spaces not intended for them. In effect, by
freeing up these spaces, we will be adding parking spaces to our supply at no
cost while generating a new source of revenue, too. Parking meters not only set a
price, but establish a monetary value to on-street parking. This is Important
because there are alternative uses for that space- i.e. wider sidewalks, more
landscaping, and yes, even bicycle lanes. In my opinion, parking meters are a big
part of the solution and should be seriously considered.
Next, we will tackle the hard part. How do we address our cu,,,~nt parking
problem ....
Jim Smith
RECEIVED
SEP 2 7 200/
CITY CLERK
08/04/2004 28:32 3058540504 J & C SMITH PAGE 07
-- Parking: II. Who pay and Why
Now for the hard part .... How do we make up for our present
parking shortages?
As the saying goes, we're a nickel short and a dime late.
Increases in in-lieu parking fees and new parking meter
revenues won't come soon enough to cover the cost of building
a much needed parking garage east of the railroad tracks to
compensate for the loss of the "old" library parking and to make
up for existing parking shortages.
We will have to ask Delray Beach property owners to step to the
plate once again as they did to build the Old School Square
Parking Garage.
If we present the problem to them intelligently and enumerate
-- the quality of life issues Involved, they will respond as they did
before. We need to be upfront and include other quality of life
projects in a new bond package proposal.
Delray Beach residents expect a higher quality of life In the
future. We shouldn't disappoint them.
Later tonight, I will be addressing the need for a new bond issue
that will include the new parking garage and many other quality
of life projects that our residents want and are willing to pay for.
All we have to do is ask them.
Every resident and every business owner wants Delray Beach to
become the envy of every other city in the USl
We simply need to demonstrate that we're not afraid to lead
theml
RECEIVED
Jim Smith
SEP 2 7 2006
CITY CLERK
08/04/'200,4 20: 3'2_ 305854050,4 J & ,3 SMITH PAGE 01
elray Beach Ouali of Improvemen
Even though vote~ recenUy approved a $~ million d~r Pa~ and Re~
Plan, the plan did not i~lude many of ~e quali~ of I~e improv~en~
~at had previously b~n IdenUfl~ ~ highly desirable by our resident.
For example, almost 70% of the people ~lled esk~ for ~ails and
g~enways. Trails and gr~nways offer an op~ni~ to ~lk, ~, or
cycle in a pa~41ke a~hem away ~om busy s~eets, air ~ll~ion, and
noise poll~ion.., a s~e ~ace ou~ for failles wl~ young children.
O~er quall~ ~ life improve~n~ Include:
. building a ClaUs St41ke fou~ain on West AUanUc so ~at ~ild~
~o don't live near ~ b~ch have a place to ~ay in ~e water.
. upgrading S. W. 10~ St. a~ Bush Blvd. ~ MdewMks, sh~ ~, and
bicycle lanes.
. ~ilding a pa~lng ga~e e~t of ~e ~ilmad ffacks to make up for ~e
lost pa~ing at ~e "old" libraw site.
. planUng more shade ~ees ~mugho~ ~r CI~ to pro~ ~ ff~ ~e
heat and ultravl~et ~ys ~ our unmlen~ng sun.
. ~ning our exis~ng oc~ont sld~alk and ~ck~u~aci~ it like
AUan~c Avenue. Also, replacing all the 's~" pa~ing ~t~ ~ a few
multi,ay mete~ ~at take fMding ~ney so we won't ~ caught ~~
qua~e~.
. building Ci~ ~cket p~s or shady p~an pl~as ~ere ~e can
Mop, sit, and refl~t.
. conve~n9 Atlan~c Avenue, from Federal Highway to AIA, into a ~
lane ~d~tHan and bicycle fHendly street (retaining four4a~s for
humane evacua~on).
. cons~cUng a ~~s galway ~ West A~a~c a~ 1-95; a~, a
pedestrian and bicycle gMeway on East AUantic and AI~
. shrinking the numar ~ lanes on F~ral Highway downto~ and
addi~ lands~ping, wider bHck~u~ac~ sidewalks, and bicycle lan~.
. converting Atlantic Avenue between Swlnton and Federal into a
pedestrian only mall every weekend, and not just for special events.
RECEIVED
SEP 2 7 200
CITY CLERK
"F¥,, 11.8.,2...
08/04/2004 20:~J_ 3058540504 J & C SMITH PAGE 02
· approving all the Ped/Blke Task Team Recommendations to make our'
City truly pedestrian and bicycle friendly.
It's the right time to let our citizens vote on a quality of life menu.
Long term Interest rates are near generational lows. if we don't act now,
we will only pay more later;, and, if we don't plan and shape the future, it
may instead become something none of us want.
The City's balance sheet is strong, but our future will 'only be eerved and
secured if we use it wisely..onow'$ the time to use it.
Jim Smith
RECEIVED
S£P 2 ? 200
CITY CLERK