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01-08-13 Special/ Workshop MeetingCITY COMMISSION CITY OF DELRAY BEACH, FLORIDA ki loll SPECIAL/WORKSHOP MEETING - TUESDAY, JANUARY 8, 2013 6:00 P.M. DELRAY BEACH CITY HALL FIRST FLOOR CONFERENCE ROOM The City will flirnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Contact Doug Smith at 243 -7010, 24 hours prior to the program or activity in order for the City to reasonably accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. SPECIAL MEETING AGENDA Pursuant to Section 3.12 of the Charter of the City of Delray Beach, Mayor Nelson S. McDuffie has instructed me to announce a Special Meeting of the City Commission to be held for the following purposes: Selection of Deputy Vice -Mayor (through March 28, 2013) WORKSHOP AGENDA 1. Discussion regarding Mitigation Alternatives for Beach Erosion at the North End of the Beach 2. Palm Beach County Sports Commission Presentation 3. Direction regarding the Use of Air Rights Above Public Rights -of -Way 4. State Legislative Update 5. Discussion Regarding City Commission Voting Procedure 6. Commission Comments Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. MEMORANDUM TO: Mayor and City Commissioners FROM: Chevelle D. Nubin, City Clerk THROUGH: Douglas E. Smith, Interim City Manager DATE: January 4, 2013 SUBJECT: AGENDA ITEM SP.1 - SPECIAL /WORKSHOP MEETING OF JANUARY 8, 2013 SELECTION OF DEPUTY VICE -MAYOR ITEM BEFORE COMMISSION This item is before Commission to select a Deputy Vice - Mayor. BACKGROUND On January 3, 2013, per Charter Section 3.06(C), Commissioner Adam Frankel became Vice Mayor due to Thomas F. Carney, Jr. being sworn in as Mayor. As a result, Commission has to now select a member of the Commission to serve as Deputy Vice Mayor until March 28, 2013. RECOMMENDATION Commission discretion. MEMORANDUM TO: Mayor and City Commissioners FROM: Paul Dorling, AICP, Director Planning and Zoning THROUGH: Douglas E. Smith, Interim City Manager DATE: January 4, 2013 SUBJECT: AGENDA ITEM WS.1 - SPECIAL /WORKSHOP MEETING OF JANUARY 8, 2013 DISCUSSION REGARDING MITIGATION ALTERNATIVES FOR BEACH EROSION ITEM BEFORE COMMISSION The item before the Commission is a continued discussion on mitigation alternatives for beach erosion at the north end of the beach. BACKGROUND The DEP (Department of Environmental Protection) Emergency Order that has been referenced by Representatives of the Beach Property Owners has been extended to January 27, 2013. Before the January 8th workshop meeting staff is hoping to meet with a representative from DEP on the north end of the beach to assess the situation. Part of that assessment will be to determine if the emergency order is applicable as the order is to address "imminent or immediate dangers to public health" to "repair, replace and restore structures damaged by the hurricane" and who's "actions authorized under the order are narrowly tailored to address the immediate need for action ". The loss of beach sand to erosion such as a reduction of buffer width between the ocean and structures where no imminent and immediate danger to structures exists, may not qualify under the emergency final order. Further, the emergency order is limited to mitigation landward of the high -water mark and may be limited to dune restoration rather than advance beach fill, in which case any eligible restoration would be limited in scope. A representative for CPE (Coastal Planning and Engineering) addressed City Commission several weeks ago and provided information related to placing trucked in sand from the north end of the current dredge fill project north to the city limits. A rough estimate of $3,600,000 was given (4,500' X 20 cubic yards x $40.00). The approvals would involve the trucking in of beach - compatible sand from one of two mines, either the Stewart mine (Northern St Lucie County) or the Ortona Mine (Labelle area) at considerable expense. It may be possible for the City to piggyback on a County contract for hauling with Eastern Aggregate Enterprises which is current doing similar hauling for dune restoration for the County. While the contact has multiple billing scenarios they generally range from $20.00 to $30.00 a cubic yard (from mine to beach). Property owners at the north end have suggested a scaled down version of CPE scenario which involves providing approximately 2 cubic yards for each frontage foot located in front of the existing escarpment to cover the roots of existing dune plantings and to provide the slope from the escarpment to the existing beach surface. While this scaled down version will be less costly its value is also limited. It will provide little or no additional protection of upland areas and is subject to continued erosion. It is important to point out the current situation is fluid in that sand has moved from an upland source to a shallow offshore source. This sand will move westward and be deposited back on the beach with the moderate to mild wave action of the spring and summer months. It is clear that this is already occurring. Further, long shore sand transport is predominantly south and will provide additional sand deposits in the area north of the dredge fill template associated with the February fill event. If either mitigation scenario is contemplated, preliminary discussions with the DEP have indicated the associated approval process will be an abbreviated one. If pursuing DEP approvals for the larger area is recommended, the services of CPE (Coastal Planning and Engineering) would be necessary and authorization by City Commission would be required (this is not in the current budget). If mitigation is limited to the areas north of the municipal beach, and to providing a slope from the escarpment to the beach surface, this could be accomplished by the abutting residents with approval by the state. With these factors in mind, staff is seeking direction from the City Commission on what action, if any, the City should proceed with. co d C D O L LL 1+� O fu f fu fu C: Ln 4-J ,fu O �Z � 0 C U- 0 � H � O O O U ai a) -0 0 O O r C: O -C CL 0 4� O Ci CL O N 0 fo N O U = a fo O � ro O 0 N N S 4- ai a) -0 0 O fo -C 4� O CL O N 0 fo N O U = a O � ro i 0 0 N N S 4- M O E >j U Cn O +� O i a� O O a Q N -0 O O N Q O ` n O CL a_' -C 0 a� N CU L fu ro U 0 0 o c ° O fa f0 P CL .^ O - P C) ° 0 O f0 U " "O -O O Z 0 01� Q� Lnz= a� o O E C7 O O O LU 0 O O O C a U 0- LL�HV� 2 V/ E CD i 4- O m E L O 4- O I-qa a) -0 a� O -C 4� 0 N 0 U _0 = a O O i 0 a+ N N S 4- E >j U -0 i a) i a� O O a Q -0 O Q O O O a_' N Q U N E >• 4O to CL 0 E o E a� O Q� to 4, a� ate' to U E - to :3 - a--+ 0 • i -0 4. N 4- 0 E �+ O a 0 E 0 N fB M O O tOiO N - _O -0 w a) c� to � Q � cB cn U X ��,a) t� o��,�4 " CL >� O O a) O O L N - J U c� U O c� -0 4� d Q O O w 0 U O 4- O U - a O LL N O 0 ate--+ O O 0 O vi cn O Q N O O +_+ O 4' -0 Q m >- Z L) H 4-J -0 Cr a) �: Cr O W N M " a--+ 0 E 0 - N ' Y O m f o U -c 4� 4- c� cB O a-- O 0 O 0 O 0 to m U QJ m 4, O +Ln YO O 0 O cn Q — O O cn O -0 4- O i V/ E CD i 4- O m E L O 4- O I-qa I had originally spoke with Dr. Lainie Edwards of the Joint Coastal permitting section, the section issuing our beach renourishment permit and Lainie had me call Tony to determine if beach renourishment sand from an offshore source could be used. So my previous presentation will not have changed too much. The maximum volume per linear foot will depend on the shape of the existing profile, the height (elevation) of the dune crest, the location of the mean high water line and the slope from the dune crest to the intersection with the mean high water position. This will vary from profile to profile. You can create a very gradual slope from the scarped dune to the MHW, or you can have a fill which maintains the dune crest height seaward until you reach a point where a more steep slope (say a 3 to 1) can be created which would allow more fill placement. Also an issue is the "fluffing" of the sand as it is transported by truck. Twenty cubic yards when transported by truck may equal only 12 or 15 cubic yards when the fill is compressed. Fluffed fill erodes more readily, and will compress over time as it is hit by rain effectively "shrinking" the repair fill. For beach renourishment I always specify hydraulically placed fill everywhere possible as hydraulically placed fill is not fluffed up and is compressed because it's wet (hydraulic). The denial of the use of the offshore fill was a disappointing answer but at least we have an official answer. I'll be at the City chambers tomorrow by 6 pm. Thanks, Rick Richard H (Rick) Spadoni Executive Director/ Project Manager Coastal Planning & Engineering, Inc. A Shaw Group Company 2481 NW Boca Raton Boulevard Boca Raton, Florida 33431 561- 361 -3146 Direct 561- 391 -8102 Office 561- 400 -7785 Cellular 561- 391 -9116 Fax richard.spadoni @shawgrp.com www.coastalolannine.net Shaw A World of Solutions www.shaw�rp.com 2 Additional Information for Item WS-1 j l P " ➢4 MEMORANDUM TO: Mayor and City Commissioners FROM: Douglas E. Smith, Interim City Manager DATE: January 4, 2013 SUBJECT: AGENDA ITEM WS.2 - SPECIAL/WORKSHOP MEETING OF JANUARY 8, 2013 PALM BEACH COUNTY SPORTS COMMISSION PRESENTATION ITEM BEFORE COMMISSION Margie Walden from the Palm Beach County Sports Commission Board of Directors will provide a presentation regarding the Sports Commission and their plans for South Palm Beach County and Delray Beach. c 0 0 (f,tf,,) 0 filla, (on''of o Of * rm, OMNI( fillffill 0 lk"W) 11 II," C"'If mm ifolvIlotstr (110f, MOSOMM (11,12"Iffleft EN 16m DOMINION toll, � N O Q ca LO ca m CL C6 E C6 ate-+ O E O 0 a� a� c� O ca ate-+ ca ca O ca C6 O O a--+ N O a� U m ca N N aA Q U ca C6 C6 CL _O N N 0 0 Q) c� a� i U ca N N N ro N N ca E N a--+ ca m O ca N O N O U O U C6 Q E U .E O N N �U O 4- O O C6 N a--+ Q� .E 0 N O Q aA O O C6 cr a--+ > O Q s A NOW rlll�lwl�lmv' C, m1m) M M wV a Co�"1'1111 C RnYinYinD I > uj 0 1 CL ilr r/l —f Adeleml, 1 (Im"Ild 0 I ff", If Or If ow,d), C 0, �fl 111,11,11,11", E (10, L)r 4=11 atom 0 0 "ICIM"I'll rim full, Will 11.331, 190%, fillm, rmq Of o Yuma l Eiib' 14, UIP vllf) E Of E vm mYm Of 41" "I'll) NIlU 0 COMM, til Irr ILS), 0 1 146m, m IftlYhhhh . . . . . . . . . ... .. .. 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Brian Shutt, City Attorney DATE: January 4, 2013 SUBJECT: AGENDA ITEM WS.3 - SPECIAL /WORKSHOP MEETING OF JANUARY 8, 2013 DIRECTION REGARDING THE USE OF AIR RIGHTS ABOVE PUBLIC RIGHTS OF WAY ITEM BEFORE COMMISSION Direction regarding the use of air rights above public rights of way. BACKGROUND Pursuant to the attached letter, 32 East has requested direction from the Commission regarding their ability to have a balcony extend into the public right of way. The City's Land Development Regulations do not address this issue. I have attached the letter from 32 East, a reply letter from Mr. Harden and some information from the Florida Department of Transportation regarding a program that they have related to commercial use of the public right of way. Staff is seeking direction regarding this request. If the Commission desires to allow certain structures to encroach into the public right of way for a commercial purpose, the City's LDR's will need to be amended to allow this to occur. MICHAEL S. WEINER JEFFREY C. LYNNE 1AuRrE A. TliOMPSON JUSTIN M. CLAUD 1074 M-01,MRAMN Mr. David T. Harden City Manager City of Delray Beach 100 N.W. I st Avenue Delrn Beach, Florida 33444 LAW 0FF7CES NWINER, LYNNEI ♦ THOMPSON., P.A Re: 32 East — Request for Direction from City Commission ipl = RECEIVED C 10 2012 C1 I Y ATTORNEY FACSDAILE (561) 272 - 6831 JLYNNE@ZONEIAW.COM WWW.ZONEIAW.COM David T. Harden, City Manager December 7,2012 Page 2 of 4 As part of the requested improvements to 32 East, staff identified that part of the structurr, extended over the public right-of-way by approximately four feet (4'). In order to be approvable, the City deemed this part of the balcony to qualify a "canopy" governed pursuant to LDR Section 6.3.4, which provides: Canopies: Canopies, marquees, and covered walkways may extend into the �1,ublic right-of-way when approved by the City Building official through approval of an applicable agreement with the City. The "applicable agreement" referenced in LDR 6 is the City's standard "Canopy Hold Harmless Agreement," an executed copy of which is attached as Exhibit "C". HPB recommended the railing to be placed at the edge of the structure rather than at the property line, i.e., in the middle of the balcony-canopy feature, "subject to approval by the City Attorney and City Staff." A copy of the letter from the City detailing HPB's approval with conditions dated March 7, 2011 is attached as Exhibit I'D". 1 15 is, I I I Iii a — To the extent the City's Code of Ordinances/Land Devel: se con i 1 ry balcony uses (rather, the City's codes are sil-ent on the issue), we believe the City's regulations set forth in LDR Section 6.3.3, governing revocable license agreements for private 1 On November 2, 2010, the City Commission approved Mr. Johnson's request to purchase one (1) in-lieu parki space in the amount of $15,600.00, to the extent parking for restaurants in the downt pawnk j,"rei_z s-quare feer-57 use area. The City Commission approved the request based upon the 241 square fe , of use 1 n the balcony. The use of the contiguous canopy area was not addressed at the time, RMMMMAMMM"Imm"T" December 7, 2012 Page 3 of 4 use of the public right-of-way, govern. We understand there is some disagreement as to this assertion and therefore request that the matter be reviewed by the City Commission and more ;efinitive policy direction provided for purposes of clarity. The City Commission previously approved the placement of the balcony and canopy fqatur.- during its Regular Meeting on February 11, 2011. Staff had stated in support of the waivers to Olow the balcony feature that: [T]he encroachment of tables and canopy posts into the front setback area generally supportable in that it does not negatively impact the building's ma and scale along the streetscape and the neighboring area should not adversely affected. An approved sidewalk caf6 currently exists at ground level. Such uses are authorized pursuant to Article 6.3 of the City's LDR entitled "Use and Work in the Public Right of Way." LDR Section 6.3.3governs sidewalk ce f6sq T By their very nature, a sidewalk cafd utilizes Part of the public right-of-way. To counterbalance this diminution in use, the City requires all sidewalk caf6s to maintain a minimum 5-foot pedestrian clear zone between the primary structure and the beginning of the table seating. Utilizing the full balcony-canopy structure for dining, th6 minimum 5-foot pedestrian clear zone below still exists. The public will not be inconvenienced in any form by the desired use of the full balcony-canopy I—avi-Cf—Mrden, City fTianager December 7, 2012 �'agc 4 of 4 structure for outdoor dining. The public's ability to freely travel along the sidewalk will not bc, obstructed in any fon-n. Approval of the waiver will not diminish the provision of public racilities. Therefore, a positive finding of this element can be made as well. Again, we emphasize that 32 East is currently under reconstruction and the balcony-canopy feature has been installed. The railing to be installed must be installed and whether accommodations for outdoor dining can be made need to be timely addressed. We therefore respectfully ask that the City have this matter placed on the very next City Commission Regular Agenda for discussion. Very truly yours, Cc: Mayor and City Commission (w/ Exhibits) Brian Shutt, Esq., City Attorney (w/ Exhibits) Mr. Paul Dorling, Planning & Zoning Director (w/ Exhibits) GENERAL DATA: Owner: ...... --..... Agent: ............... ......... Location:.. . ..... r® Size:— .......... . Lure Land Use :.,. Current Zoning: ............. Bright Horizons George Brewer East tl tic Avenue .15 acres Other Mixed Use ) Old School Square Historic Arts District ) Adjacent oni ......... North: South: East, OSSHAD West: OSSHAD Existing Land Use:,_... , Restaurant Proposed Lai Use:, es aura t Water Service:- . .......... xisti on site Sewer Service:... ........ Existing on site f ; ♦ • I The Class IV Site Plan Modification and COA of the Proposed alterations to the subject property a now before the Board for consideration. a The subject proposal is primarily centered around the const ction of a second-sto balcony an canopy on the front (north) elevation with ru ry q stories, additional elevation changes on both the first and secon-i F, 1:4 " I NOTE: While the Class IV Site Plan Modification has been certified, the original plans which wer-i reviewed by the Board at the December 1, 2010 meeting have been reviewed. Therefore, any revisions Iona requested by the Board as conditions of approval are not considered below. Both the original and certified sets of plans are provided as attachments. In addition, the waivers have been reanalyzed and will require further recommendations to the City Commission. i qi 1III *TIM 4 L Section 4.4.24, OSSHAD, Principal Uses and Structures (8)(12) The uses allowed as permitted uses in Section 4.4.13(B) pursuant to the base district and special regulations of the Central Business Distnict raculationss'k,10,il -2 jr,' Section 4.4.13, Central Business District, Principal Uses and Structures PermitteIL ,'B)(3)(a) Restaurants are a permitted use. STAFF COMMENT: The proposal is to expand the existing permitted restaurant use, which is permitted in both t OSSHAD and CBD zoning districts. I 1111111!111111pill lip 111111 ;�11111;11p!�1 11 11; 1 111 111111 rtJT r r, 7 "111111 Engineer has I Section 4.4.24, OSSHAD, Supplemental District Regulations (G)(4)(b) Restaurants shall provide six (6) spaces per one thousand (1, 000) square feet of total new existing floor area being converted to restaurant use. I STAFF COMMENT: The required amount of parking spaces for the additional 241 square feet of occupiable floor area on the balcony is 1 space, which has been accommodated via an approval of in-lieu parking spaces by the City Commission at its November 2, 2010 meeting. Therefore, this requirement has been met. 0 1 # 4 Technical Review: Building Department Accessibility, which complies with ADA requirements, is to be provided to the second floor and proposed balcony area. STAFF COMMENT: While not indicated on the plans, an elevator presently exists and will continue to provide ADA compliant-access- to the second flo-or,.-and will -also provide access to the future balcony area. STAFF COMMENT: Due • the significant importance • these technical comments, each has been added A ,ecommendation for the Board to include in their direction to the applicant. Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (•) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be grant under similar circumstances on other property for another applicant or owner. I Section 4.4.13, Central Business District, Development Standards (F)(4)(a)2. The minimum front setback for buildings with nonresidential uses • the ground floor is feet (5). fil (F)(8) Balconies may encroach a m . . . . . . . . . . . . . . if M In consideration of the criteda above, the waimpr 1P 9 son WAIVER ANALYSIS CONTINU—ED...: outdoor interaction along the Avenue, as opposed to enclosed spaces, which would also have an impact with additional building mass on the streetscape; (b) The request will not diminish the provision of public facilities. as it is unlikely to create an impact; (c) The encroachment in both cases should not create an unsafe situation. The balcony rail meets the minimum rail height of 42", and the high tops are attached to the building, within the outdoor seating area permitted by the Sidewalk Caf6 approval, 111ol (E) Development Standards All development regardless of use within individually designated historic properties and(or properties located within historic districts, whether contributing or noncontributing, residential or nonresidentiai, shall comp, ly with the goals, objectives, and policies of the Comprehensive plan, these regulations, the Delray Beach Historic Preservation Design Guidelines, and the Searetary-of tb�� Rehabilitatiol. STAFF COMMENT All applicable goals, objectives, and policies of the Comprehensive Plan, the Land Developmen', Reg • ulatins, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interiors Standards for Rehabilitation have been applied to the subject proposal in order to ensure compliance with their intent. STAFF COMMENT The proposal is considered Minor Development as it is zoned OSSHAD, yet subject to the CBD Design Guidelines (Development Standards). (12)(4) Alterations In considering proposals for alterations to the exterior of historic buildings and structures and in applying development and preservation standards, the documented. ori& 'vl STAFF COMMENT `r design of the subject structure has been considered. and Dhot,*- (E)(5) Standards and Guidelines. A historic site, building, structure , Improvement, or appurtenance within a historic district shall only be altered, restored, preserved, repaired, relocated, demolished, or otherwise changed in accordance with the Secretary of the Interior's Standards for Rehabilitation, and the Delray Beach Historic Preservation Design Guidelines, as amended from time to time. Standard 3: The proposed entry arch and reveals throughout are Purely conjectural and further remo �J the architectural style from Masonry Vernacular, While the applicant has conveyed a relationsh between the entry arch and the "Cafeteria" sign in the 1950s photo, the exaggeration of the ne element eliminates the provisio-n o-f-a-physical record of its time and place ... " The addition of at e-P.t-,w — Standards 9-10: While the proposed work is differentiated, it is not done in an appropriate manner as it significantly detracts from the property and does not protect or unimpair the historic integrity of its environment (Atlantic Avenue). Further, the signcant window alterations on the second story furthe destroy the original character of the building and should be maintained bo r th in width and height; the conversion of these windows to doors would be deemed appropriate if the original openings were maintained. Based on the above, the proposal does not Comply with the intent of the Secretary of the Standards for Rehabilitation, and positive findings canno Interio t be made. I Based on the above, positive findings cannot be made as the proposal does not Comply with the intent of the guidance provided in the Delray Beach Historic Preservation Desig 1 S n Guidel ne height ofwindows and doors among buildings shall be visually compatible within the subject historic (1) Architectural Style: All major and minor development shall consist of only one (1) architectural style per structure or property and not introduce elements definitive of another style. (m) Additions to Individually Desianated PrI Overall, the main concerns with the Proposal are those which wi ... .. kPlopusal ar hos W ===j tit aaumu�� Pursuant to LDR Section 3.1.1, Required Findings, Ptiorto the approval of development applications, certain findings must be made in a form which is a part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. Igo Iffro'ITUrrINF10- STAFF COMMENT As described throughout the report, there are many concerns with the proposal which should be 2ddressed prior to making a positive fin ling of consistency with the LDRs. At its meeting of October 11, 2010, the Downtown Development Authority (DDA) reviewed the proposal and recommended approval, subject to the provision that the "tree located to the front remairZ I n place." ce wi ose noted con, -.A-L--A ]k I B. Move approval of the Certificate of Appropriateness, Site Plan Modification, and waiver requests (2010-218) for 32 East Atlantic Avenue, 32 East, Old School Square Historic District, by adopting the findings of fact and law contained in the staff report and finding th t the ques , and approval thereof, meets criteria set forth in the Land Developmen , a re t Plan, subject to conditions of approval. t Regulations and Comprehensive Waiver: LDR Section 4.4.13(F)(8), Central Business District, Development Standards Recommend approval to the City Commission of the waiver to LDR Section 4.4.13(F)(8), Centrai Business District, Development Standards, to allow a five foot (5') front setback encroachment for a balcony, where a four foot (4) encroachment is permitted, based upon positive finding of LDR Section 2.4,5(B)(5). "repared by: Amy E. Alvarez, Historic Preservation Planner I�ff- f APPENDIX STANDARDS ! N ',t- :; f design, and lighting d♦ not create unwarranted distractions or blockage of r as pertains to traffic circulation. Does not meet intent X, Recommendations to meet the Intent have been provided. B. Separation of different forms of transportation shall be ff r' 4 pedestrians, bicyclists, and vehicles in a manner consistent with Policies found under Objectives D-1 and D-2 of the Transportation Element. ft,'' y applicable C. Open f described Policies Open Space and Recreation Element are appropriately addressed. Not f f b ..: V. The City shall evaluate the effect that any street widening or f modification f s neighborhood. If it is determined that the widening f / f • will ft • detrimental neighborhood, project o be f` f w � f ^". Development of vacant land which is zoned for residential purposes shall be planned in > consistent { development f a f of zoning designations. Not applicable F. Property be developed • '♦ if t{ In a manner so intensity are that the future use it appropriate Of soil, topographic, if other applicable physical considerations; fi adjacent { uses; and needs. !, { use Meets intent of standard X G. Redevelopment development t` new land shall result in the provision of variety of housing f ,w continue to accommodate diverse the City's t of demographic profile, and meet the housing needs identified in the Housing Element. This shall be t i through f policies Objective B-2 under of the Housing lot applicable Meets intent of standard X 1. Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Meets intent of standard X J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all now housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. 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Im zle --- L Iv PI p El I I Im Ir 0, 1 00 AV Di Nti1i "15d3I£ — I a A9 �s f II @r �Y yyyy I c c .. �_ F1; p n I v 9, P " LL : GO yy mm I 0 II o P^ 0 o 0 P'Jill �, -� "nIL �. I O, If a �wll� . b° � � n , pu._ l ! ' ° r d A..•� p k wv .n M� u iP a . ^� Tj �r u , 9 P yY a Mrs I � D r"a"411 41, 'V&Wt UIF1 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order Taw bVLMg or -,, Nelson *' ' * 4 -mift-jan-fi at City Hall at 600 p.m., Tuesday, February 15, 2011, 1. Roll call showed: ?�Tesent - Commissioner Gary P. Eliopo-ulos Commissioner Fred B. Fetzer Commissioner Angeleta. E. Gray Mayor Nelson S. McDuffie Absent - Commissioner Frankel - Also present were - David T. Harden, City Manag Brian Shutt, City Attorney Chevelle D. Nubin, City Cler] M Pig 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. addendum. Mayor McDuffie noted the addition of Item 7.A., Presentations I Mayor McDuffie stated staff has requested that Item 1O.A., Ordinanc(4 No. 04-11 (First Readine/First Public Hearing) be postponed to March 15, 2011 and the Second Reading/Second Public Hearing to April 5, 2011. 610 11 14 •R "1 W A rr "t, , Mr. Eliopoulos moved to approve the Agenda as amended, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Fetzer — Yes; Mrs. Gray — Yes; Mayor MeDuffie — Yes; Mr, Eliopoulos — Yes. Said motion passed with a 4 tR 0 vote. 5. AMOVAL OF MINUTES: Mrs. Gray moved to approve the Minutes of the Workshop Meeting of January 11, 2011, seconded by Mx. Eliopoulos. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Eliopoulos — yes; Mr. Fetzer — Yes. Said motion passed with a 4 to 0 vote. Mr. Eliopoulos moved to approve the Minutes of the Annual Citizen,s Roundtable Meeting of January 25, 2011, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor McDuffie — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer — Yes; Mrs. Gray — Yes. Said motion passed with a 4 to 0 vote. Mrs. Cray moved to approve the Minutes of the Regular Meeting 01 February 1, 2011, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos — Yes; Mr. Fetzer — Yes; Mrs. Gray — Yes; Mayor MeDuffie — Yes. Said motion passed with a 4 to 0 vote. 6. PROCLAMATION& 6.A. Aftr -Dgy — February 22, 2011 Mayor MeDuffie read and presented a proclamation hereby proclaiming February 22, 2011 as Arbor Day mi the City of Delray Beach. Lula Butler, Director of Community Improvement, came forward to accept the proclamation and gave a few brief 7. PRESENTATIONS: 7.A. South Florida Water 1,11111,1111111111111111 ; 11 mement Distill, Season Presentation 2 S. CONSENT AGENDA: City Manager Reconunends Approval. 8.A. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. 8.B. RESOLUTION NO. 08-11-- ABANDONMENT OF A UTILITY EASEWNT, SHULERIS MEMORLAL CHAPEL: Approve Resolution No, 08-11 abandoning a I O'x 150' utility easement located on Shuler's Memorial Chapel property at 606 West Atlantic Avenue. ffma ti� office. The official copy of Resolution No. 08-11 is on file in the City Clerk's 0 Program. Funding is available from 118-1960-554-49.19 (Neighborhood Services/other Current Charges/Housing Rehabilitation). S.H. CHANGE WORKSILO-PMEETING DATE IN MARCH: Approvi to reschedule the Workshop Meeting from March 10, 2011 to March 8, 2011. RESO O. 05-11: Approve Resolution No. o5-1 I amendirriq Resolutions No. 55-09 and No. 58-09, which established the responsibilities of the Financial Review Board and its member requirements, to clarify that the board's duties shall fall under the direction of the City Manager or CitY COmrmission and restrict tr,- r` r of the board. The caption of Resolutivy-Vi-, -JIS&LLL_qy # - office.) (The Official copy of Resolution No. 05-11 is on file in the City Clerk's THIS ffEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A. 2. Contract award to multiple vendors in the amount of $115,159.59 for emergency repair of the 36" Raw Water Main at the intersection of S.W. 10ffi Street and 15th Avenue. Funding is available from 442-5178-536-63.50 (W & S Renewal & Replacement Fund: Improvements Other/Water Mains). 3. Contract award to Associated Consulting Professionals for le based Paint -re and/or risk assessments as needed for hous built prior to 1978 rticipating in the CitY's housing rehabilitati'i 9 program- Funding is available from 118-1960-554-49.19 (Neighborhood Services/Other Current Charges/Housing Rehabilitation) and 118-1963 -5 5 4-49.19(Neighborbood Services/Other Current Cbarges/Housing Rehabilitation). Mr. Eliopoulos moved to approve the Consent Agenda as amended, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Fetzer — Yes; Mrs. Gray — Yes; Mayor McDuffic — Yes; Mr. Eliopoulos — yes. Said motion passed with a 4 to 0 vote. 9. REGULARAgEND A from the dais. Commissioner Eliopoulos declared a conflict of interest and stepped dow-r Mr. Fetzer moved to approve Item 9.A.A. (formerly Item 8A.), seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor Mr-Duffie — Yes; Mr. Fetzer — Yes. Said motion passed with a 3 to 0 vote. Ism AWARD OF BIDS_.AND CONTRACTS: Contract award to Chaz E ent in the amount of Lowson Boulevard just west of Congress Avenue at the Abbey Delray entrance. Funding is available from 442-5178-536-63.51 (W & S Renewal & Replacement Fund: Improvements Other/Sewer Mains). Mr. Eliopoulos stated a member of this company was being investigated and wanted to ensure the City is following everything that we are supposed to be doin!N procedure wise and that we are not putting the City in a situation that we have to deal with later on. Richard Hasko, Director of Environmental Services, stated there are two items that are under Award of Bids and Contracts tonight and they both were emergency repairs which were the situation that presented challenges for the contractor Mr. Eliopoulos is referring to. However, the City's process is fairly stringent in how they do Mayor MeDuffie asked for clarification that there have been no indictments or arrests. Mr. Hasko stated as of this date staff is not aware of any; however, this is an ongoing investigation. Mr. Eliopoulos moved to approve Item 9.A.A.A. (formerly item seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor MoDuffie — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer — Yes; Nirs. Gray — Yes. Said motion passed with a 4 to 0 vote. Mayor McDuffle read the City of Delray Beach procedures for a Quasi- Judicial Hearing into the record for this item and all subsequent Quasi-Judicial items. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Paul Dorling, AlCP, Director of Planning and Zoning, entered the Nanning and Zoning Department project file 42010-218 into the record. buildings with nonresidential uses on the ground floor. The waiver request is to permit balcony posts, a two-story, arched ;5ntry feature, and attached high top tables within this five foot front setback; the secon—d IN, waiver is to LDR Section 8) which permits balconies to, encroach a maximum of four feet (4') into the setback area. The waiver request is to permit the balcony on the front property line (0' setback) which results in an encroachment of five feet (5'). For clarification, with regard to the balcony on the second floor. Mr. Eliopoulos asked if staff supports the railings going all the way out or is he supporting where it is sbown on the drawings. Mr. Dorling stated where • the balcony is shown now is allowed by the LDRs and to allow that balcony to expand would require an LDR change. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the vraiver requests, to please come forward at this time. There being no one from the public who wished to address the Commission, the public hearing was closed. H-1 9 02/15/11 1 02/15/11 Mrs. Gray moved to adopt the Board Order as presented, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer — Yes. Said motion passed with a 4 to 0 vote. IM I Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Paul Dorling, AICP, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2010-212 into the record. At its meeting of November 15, 2010, the Planning and Zoning Bo considered the conditional use request and voted 4 to 0 to approve it subject to conditions in the staff report. Staff recommends approval subject to the nine M of ' of I I • a Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the conditional use request to please come forward at this time, There being no one from the public who wished to address the Commission, the public hearing was closed. Mr. Eliopoulos asked if the 16 spaces are open for the bank. Mr. Dorli stated they actually have 18 spaces over and above and originally there was a desirels- N Mr. Dorling expressed concern that this forms an enforcement issue for Code Enforcement to try and figure out who is being charged and who is not and would be a nightmare. Ms. Tustin stated if all 100% • the clients were charged it would not MZ allowed. Mr. Dorling clarified that the 18 spaces would riot be avaflable but the Want *f those spaces would be available for the bank clients. M M, The City Manager stated he concurs with MT. Dorling that he does not think we can realistically enfo o rce it; hwever, it is in the bank's interest to have it work that way. parking. For clarification, Mayor MeDuffle stated non-bushness hours only pay for The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes.) Mr. Eliopoulos moved to adopt the Board Order subject to the nine (9) conditions listed in the staff report, seconded by Mrs. Gray- Upon roll call the Commimion voted as follows: Mayor MeDuffie — Yes; Mr. Eliopoulos — yes; Mr. Fetzer — Yes; Mrs. Gray — Yes. Said motion passed with a 4 to 0 vote. 9.D. REQUEST FOR VALET QUEUE/PINEAPPLE GROOVE: Consider a request from Pineapple Groove, located at 19 NE 3rd Avenue, to establish'a parking valet queue in the Railroad Parking Lot. a Mr. Eliopoulos moved to approve the request for valet queue for Pineapple Cyroove (Option #13), seconded by Mrs. Gray. Upon roll call the Commission voted as f011Ows: Mr. EIIOPQWos — Yes; Mr. Fetzer — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes. Said motion passed with a 4 to 0 vote. 9.E. GRANT APPLICATIONIFLORIDA COMNIUNITIES TRUST (FCT ): Consider autborizing submission of a grant ap on to Florida Communities Trust (FCT) for the acquisition of three parcels surrounding the "505" Teen Center and Skate Park between S.E. 5th Avenue and S.E. 6th Avenue (US I Corridor) with matching fimds to be included in the FY 2012 Capital Improvement Plan. 01 OWN the grant. Staff requests that the City fund half the grant which would be $46 1,000.00 for all three properties. Mrs. Karch stated the fimding match would not be required until next fiscal year. MCI" - MI, Mr. Eliopoulos stated he supp♦ xts the grant as well. Mr. Eliopoulos stated the City may want to sell it and noted this is a ZMEW-1 res,ale. Mayor Mc inquired if the grants have any caveats in them out It %RAW The City Manager stated there is no problem with defening these five (5) projects; two of the projects will not be able to et w I IN Mrs. Gray stated she has been to meetings upstairs and it is not a good meeting area even for just 6-7 people. Mr. Eliopoulos stated he is not a believer in promoting meeting space on a second floor because it promotes accidents. He stated he was not a big fan of expanding that area but cohcurs it definitely needs to be renovated. W'qrs. Gra stated she swotfik, IM-61ti, I, tj W WJV1 No— erg I M111 Mrs. Gray moved to approve the Consulting Service Authorization 06- 10.2 with Currie Sowards Aguila Architects Option #6, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Eliopoulos – Yes; Mr. Fetzer – Yes. Said motion passed with a 4 to 0 vote. 'JUDI W"d falizu — 41 Mr. Fetzer stated he would like to defer his appointment to the regular meeting • March 1, 2011. 9.11. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint one (1) regular member to serve an unexpired term ending January 14, 2012. Based upon the rotation systerr the appointment will be made by 4 Commissioner Gray (Seat #4). Mrs. Gray stated she would like to defer her appointment to the regular meeting of March 1, 2011. At this point, the time being 7:59 P.M., the Commission moved to Item 12, First Readings. '9'!JQK'1Q4JA I 1. ot EK office.) (Me official copy of Ordinance No. 03-11 is on file in the City Clerk's At its meeting of Januay 1 h Pannng d ZniB onad hed a public'hearing in conjunction with the POD rezoning request. No one from the public spoke either in support or opposition. After discussing the proposaL the Board recommended approval of the rezoning request with a 4 to 0 vote. Staff recommends approval. Mrs. Gray moved to approve Ordinance No. 03-11 on FIRST Reading, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor McDuffie — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer — Yes; 1Ws. Gray — Yes. Said motion 1,)assed with a 4 to 0 vote. At this point, the time being 8:03 p.m., the Commission moved to Item I I.B., Comments and Inquiries on Non-Agenda Items from the Public and the City Manager. From the Public. C1 II.A. C'fy and inouiries. Mrs. Gray stated on Sunday she was on the beach having breakfast and she saw 4-5 Segways on the east side on the sidewalk. The City Manager stated this will be addressed at the City Commission meeting of March 15, 2011, a At this Point the time being 8:08 p.m., the Comimission moved to item 13, Comments and Inquiries on Non-Agenda Items from the City Manager, City Attorney, and the City Commission. 13. COMMENTS AND INQUEFUES ON NON-AGENDA MMS. 13.A. 9!13�ftna=er The City Manager had no •11 asb The City Attorney had # e t.-, wlid i Miiopoulos had no comments and inau 13-C.3. Mrs. Gray Mrs. Gray stated this morning she attended a joint workshop meeting with the Downtown Marketing Cooperative (DMC), Chamber of Commerce and the 110owntown Development Authority (DT)A) and it was a good meeting. Secondly, Mm, Gray stated Prep and Sports Super Bowl fundraiser was awesome and there was a diversified group of people there. Mrs. Gray stated this was !? great fundraiser and she was happy to be a part of it. The City Manager stated the City received no complaints about either noise or traffic for this event. ITU 22 Beach because the man was incredibly complimentary about how his process through approvals at the City was factated by us and what a great job the City of Delray Beach did in supporting o There being no ftirther business, MayoT McDuffie declared the meeting adjourned at 8:12 p.m. MAYOR K A City Clerk JJ:J-PJ'1 iffayffff I 1 11111 P 4 . 1 0 4 Is Ace fTn=—eS--0T-Re &egufa—r CItY Commission Meeting held on Februw-y 15, 2011, which Minutes were formally approved and adopted by the City Commission on March 1, 2011. City leak 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 M r deletions as set forth above. 23 211-5/2011 Date Phod yxm��, I Should the waiver be granted for the second floor balcony to encroach ftvz into the front setback? Yes ✓ No 7. Based on the entire record before it, the City Commission approves V denies the waiver requests and hereby adopts t . his Order this 15th dpy-pfffebruary 2 City Commission Meeting on February 15, 2011; Item 9A #f #2f 0 U III 1 11 11 0 L M011IMMUS, 8J.4IRM."A' 1. This waiver request cambe y the City Commission on February NM 1 11!111!11 11�111 11111 TV,, 11111111riplillill LIEl "Al a w =- I a« M, 6. The City Gommission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other 7. Based on the entire record before it, the City Commission approves lenies the waiver requests and hereby adopts this Oro 'L& I kth day of cebruary, 2011, by a vote • 4 in favor and 2 CRY Commission Meeting on February 15, 2011; i r �Alj # • _j;,q I ! 4: ♦ r r r !' s Ito � s s • ObjecOve B-2 of the Land Use Element of r �, o r i Are requirements I respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste and schools? E City Commission Meeting on February 15, 2011; Item 9.C. spaces located within the subject off-site lot for a total of 114 spaces. Thus, a surplus of eighteen (18) parking spaces are provided. The dual utilization • bank vs. non-bank customers creates concems that required parking will not be available for bank customers during regular business hours (overutilization by non customers utzing the parking lot • a pay basis), As such, it is recommended that the commercial "for pay" parking lot operates during non-business hours only. There are recommended condons of approval attached as Exhibit"X. yes — ✓ No 3. The City Commission ha's applied the Comprehensive Plan and LDT, Mirements in existence at the time t"111 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports and testimony of witnesses 5, Based • the entire record before it, the City Commission approves V denies the conditional use application subject to the condifions attached hereto it q City Commission Meeting on February 15, 2011; Item 9.C. Exhibit "A" and hereby adopts this Order this 15th day of February 2011, by a vote 4 — in favor and 0 opposed, TTE T Chevelle:Nubin City Clerk 2 I Conditions Related to United Parking Systems MP WITNESSETH- FYI W. am, WHEREAS, the Land Development Regulations of the City of Delray Beach, Florida in Section 6.3.4 requires approval of the Chief Building Official through- approval of an applicable agreement with the City; and, WHEREAS, Owner agrees to abide by all the regulations governing canopies extending into the public tight-of-way as contained within the ordinances of the City of Delray Beach. NOW, THEREFORE, FOR THE MUTUAL • COVENANTS AND MATTERS SET FORTH HEREIN, AS OF THE DATE SET FORTH ABOVE, THE PARTIES HEREBY AGREE AS FOLLOWS: The recitations set forth . above are incorporated herein. Owner acknowledges that the City shall assume no liability or responsibility for said land, structures, improvements, materials, appurtenances or the partial or complete destruction or removal of the same on the subject property. K Y. City Attorney WITNESS: guzdgf # fM M A ; I Z LRAY BEA S?y: City Mana • The foregoing instrument was acknowledged before me this 20fl by V k� day of acknowledging), a F- ��11 Ir &e of corporation (state or .. behalf • the cor oration. He/Ska i-- A- corporation, on j 0 RMIMM. - • • • ai did/did not ta - 0 ........................................ uj u Le) LLJ 140, M-11SAi WLRAM HIACH h 7, 201 H-utge Brom f315 SE 4"' Avenkir, Y' OeL a:jy jcrid.a 33,183 IE: 32 East, 32 E st Atl%ntic Avenue; 2010-718-,13p •.q ; V the I-Visradc Weservatirm Boa,•d (HP-R) mcF-ting of Dcccr�iber 1, 20'10, a r,-rVficafP. oa —pprop, iLiteness and Class A/ •1, Pin Apoka0m I Whe prolocrty al, 32 Fpst Atlantic Av:, I J(; was approved sa,ibjoct to tt',.e '011owin3 coridihons: I I hat Lhe PrIgmal openmgs on Me second floor are not Altered ill wirlth or height, but may )e Werad hmm mmidms to doors by rennovoig lowe( walf bolow " &ch existing opening, and .nciubc W!,2 i•urain Z ThW W rm=13 sc't CA aGG:-S on the s-- ,omj sioiy are iornoved: 3. 7hat mcess!hi ' lity, wlllc� CoIlKs w4h A&A mmmun a, PC P-oWdid to the second fho ..�,,nc; pm!)osed are.-; 4, J'hal t`lu' follcmfil'y land""Cd:�pe Icchnical com�')(xr'.S arc; a) lbat all Imuning be cfone by a Cerlified An,)oKM and is rnoMtomd by the City of Dclra',, Bepch's SerJor Landscapf-- PlannQr: b) 11-hat the, Sw,mior L;2ndscape Planner be notifmd thrce (3) days prior to the pruning of the tre\,, That tho owr.er agrees to pay any costs assodated to the damaga and'/or death lo the tree iiidudinq all rePINCOfflont costs 5. "Fhat he batcony r@4 ei,lher a) Locatud at th,: end m thy, pmposed canopy suNew to approval by tho City P.ttorijoy and CRY Staff: b) Located whe, u proposed, with additional canopy rerooved; or c) Located were. ;,-)r000scd on propady lime, Wn WOPOSed Canopy remaining; 1 That a Hold Harmless Agreement is exeCUIL�d; 7 ..1st he door with Porthole Mow 1 repluced Wl a Bush door. PJ he Lity Con AAWN nVOIT L9 POUUMy A _Cr -k A: foHnvjkq vam.rs 'W", ar)pfov'"6' Waivor to UNR SCOMI 14A31HU(W2, CeMmt Business District, D.,,-�viJopr.xml, Wand ark. to allmu a two nich (A 5atImck "car the ba cony columns and z, dlroe 'oot (3') sciback for the r~< gh trip cuuMer area, whena a Five foot (5) setback is required, based UPOn positive fhWifigs of LIN?, Section 2.4,5(B)(5,', 2. "NJ ,,!1-'-'r to Se,-;hon CoAral Disrricl_ Dev;uIOPrnen, Stanc;,Jrds, 00m, a Iwc-slciry, archcd 'he rc1-qu,,*rcd five (T) *a tbac'; i,re,-, ,,'ab(,d upon p-,)SWV�5 V I Hnd,'ng's c Ion J. Um Sect:on 4.,,-, `3(V')(P (,E.Tltrpi LDUj -S m allow a fiv,.3 foot (5') array! Se"La,,k -ancroachment for a a our foot (4') encroz,,chrrIent is potmifted, based UP: un positivo' fillding of Lu�[:� Soction 2 4-5(B)(5). please 1"(;tp t1j, ,.., t t I , F , ions of approvaI noted above wil: oeed lo bo ;3ddressed by r(-vI.1,'ng al' relev.1ni, Phans. In addidon, thc; Opt, .Ons noted for Hic bcicony roil in Conclition 1,° 5 ar, not, pel,111iiLCAJ, a;id only option c was Considered and approved by the CitY COMMission, as noted above. "l-Crec (3) xt,, of plans Z-iiOng With as 3finlemerif indicating hOW each Condition of a )provol haz "Ueeci actriresseid will be riecessary in Ordc, to rL-ceive plan G(?ffificat:on, i I-in ap,,Yoval 14,-, valid for as period oi Monty -fOLIF nionths, and fhcrcfor, will exp, ire of' Du�cernber 1, 20 12 unless 25% of the tOtal cost of a,'l impromnonts associntcd'with the projects approvaf have b'-c, an co,ripieted prior t-, the date, of oxpiration. h you hsvp, arty qLz0Ct;0n i-(1q.-rrVng this inatter, you may conjacr 1)"0' at 5851,243.7284 or viE, a i �I t �1 I V an, - �E-)T, 'ICI r. c q n I -Y vj(. A ry Xvnrez, -Iisto; ic , csclr tion Planner. It P I VE� I EITY DF DELRAY HEREH f,J.'6" r "3GP'p &,'L'G: 0 kYfw.k B2 r "1111 4 ,r r , I have carefully reviewed your letter of December 7 on behalf of 32 East and have discuss your e and our Planning Director. Tour request raises e a policy + , d by the City Commission. question is whether the City should allow the use of air rights over the public right-of-w s ; for a private purpose. We will schedule this issue for discussion by the City Commission the January Work Session on January 8, 2013. Unless we hear otherwise from your office we will place this matter on the January , 2013 agenda. Sincerely, David T. Harden City Manager cc: Brian Shutt Paul Dorling III m'i 1 "o E, mm DE11"', 19 2012 14 m i m l 11 RESPONSIBLE - INNOVATIVE - TEAAAVVOPK MICHAEL S. 'WEINER JEFFREY C. LYNNE LAURIE A. THOMPSON JUSTIN M. CLAUD L. DIANA 1-4ILLMAN January 4, 2012 LAW OFFICES ROSS,, r., ATTORNEYS AT LAVw 10 Spa Y' AeENUE, SUITE C DELRAY BEACH, FLORIDA 33444 Mayor and City Commissioners City of Delray Beach 100 NW I" Avenue Delray Beach, Florida 33444 Re: 32 East Restaurant Our File No.: BUTJO 2 Dear -Mayor Carney and City Commissioners: "TELEPHONE (561) 265 - 2666 FACSIMILE (561) 272 - 6831 JLYN 4rE@Z0NEI..A''uv'.00M ww W.GONELAw.COM On Tuesday, January 8, 2013, the City will be holding a Workshop Session to discuss various iterns. One such item is a request from Mr. Butch Johnson, owner of the restaurant known as "32 East," to discuss the use of the newly - constructed balcony over the sidewalk for use as outdoor dining. Staff is seeking direction from you as to whether the portion of the balcony over the right-of-way may be used for outdoor dining. This inquiry is before you based upon our letter to Mr. Harden dated December 7, 2012, and l~v'1r. Harden's response by letter dated December 18, 2012. A copy of both of these letters is enclosed for your review and reference. We also enclose for your reference a copy of the design plans showing the dimensions of the balcony in relation to the property line and the right- of-way. We are hopeful that you can support Butch's request to utilize the full extent of the balcony for outdoor dining. Wishing you a very Happy New `Fear, Sincerely, JCL- 6k Cc: But h Johanson (w /enclosures) Brian Shutt, :Esquire, City Attorney (w /enclosures) Mr. Paul Dorling, Director of Planning and Zoning (w/ enclosures) Ms.:Lula Butler, Director of Community Improvement (w /enclosures) Mr. Doug Smith, Acting City Manager (w /enclosures) 0.W'1"J0021L.etter to Mayor and City Commissioners, Jan 4 2(.I2.docx Additional Information for WS.3 M I C1 IAEL S. WEINTFR jFizi�i�Ey C. L'kNNE 1A U RIE A.TTIOMPSON ,JUSTIN M. CLAUD VIA I-IAND-DELI_VERY December 7, 2012 Mr. David T. Harden City Manager City of Delray Beach 100 N, W. I st Avenue Delray Beach, Florida 33444 LAW 01,'FICI-S WEITNER� LYINNE & THOMPSON, P.A. I'ROFESSIONAL ASSOCIATION 10 SE I " AvrNj;I,_ SUITE C DFLRAY BF—ACH, F1, 33144 Re. 32 East —Request for Direction from City Commission Dear Mr, I Tarden: TELEPHONE (561) 265-2666 FACSIMILE (561) 272 - 6831 1 "Y NINE @ ZO NE I A W, C'0,M W'AWZONLIAWCOM Please accept this letter on behalf of Bright Horizons Investment Corp. dba 32 Fast, Mi., Butch Johnson, Authorized `gent, as his request to be heard on the very next for consideration. More specifically, Mr. Johnson is City COflunission agenda Corni-rilssion regarding his ability to LIt'lize the full seeking direction from the City I I u extellt of the balcony/canopy feature over the City's sidewalk for purposes of newly- constructed outdoor dining. 32 East is currently under construction and the balcony-canopy feature has beer, installed. The determination of where the railing must be installed and v.hethej- accommodations for outdoor dining can be made need to be tirliely addressed, We therefore respectfully ask that the City have this matter placed on the very next City Commission Regular Agenda for' discussion. A. BrieLlji�c�k rt�aaud At its meeting of December 1, 2010, the Histo;•ic Preservation Board (HP13) considered and approved with conditions a Certificate of Appropriateness (COA) and Class IV Application for exterior alternations to the restaurant ,own as "32 Fast.- Pa Site Plan rt of t improvements to the restaurant included the addition of a balcony feature extending from hese the existing second floor dining area, over the existing sidewalk, caf6 , for -1 total distance of approximate,ly ten feet (10,), ,� copy of the approved site plan as well as the procedural history of the balcony improvement is set forth in the staff report to YTPB is enclosed for your reference as Exhibit "A". The Minutes from the C, regarding the requested waivers City Commission meeting of February 15, 2011 wa vers is "�lttarlled hcrelc) as Exhibit "pl) 0:wK'F.10021Waiver\Butch Johnsm 7,tr To CM,Do,-x Additional Information for WS-3 L)avid T Harden, City N filniger Pecem,er 7, 2012 Page 2 of 4 As part of the requested irnPrOverrients to 32 Fast, staff identil' extended over the public right-of-Nvav by a, I led that part of the structure Pproxirria.tely four fect (4,). In order to be approvable, the City deemed this part of file balcony to qualify a "canopy'" governed pursuant to ,Section 6.3.4, which provides: , LDR C ano. ies: Callo)pics, t"narquees, and covered walkways may extend into the public right-of-way When approved by the city Building 0fj'-1cjal through approval of an app icahlc agrecrnent with the City. The "applicable agrecinent" referenced in I-DR 6.3.4 is the CitY's standard "Canopy y10 ld Harmless Agreci-nerit." an executed cOPY ofA hieh is attached as Exiiibit HP3 recommended the railing to be Placed at the edge of the structure line, i.e., in the middle of tile balcony- canopy rather than at the property and City Staff," A copy of the Jett' I "e'llurc, "subject to approval by the City Attorney ,cr from the city detailing HPB,s approval with coridit' x1li dated March 7, 2011 is attached as --ti, Ir. lolls After further discussion, the City Attorney and City Staff would not approve the use of the "canopy" portion of the structure for outdoor dining ng u'se, "'hercfOre, the railing was depicted on the plans at the property line, dividing the balcony elernerit from the carlOPY element, I Now that Mr. Johnson is finally under Construction, he is asking t1le City to clarify the prior direction as to the intended LISC of the balance of the , balcony - canopy S t. uct re that exists over flee right-of-way. Since the City otherry ise aJJCVs use of the public right,9-of-way for outdoor dining areas (i,e.. sidewalk caf6s), and to the: extent W Johnson has already entered ' harmless agreeinclat with the City, ' Into a hold It Would appear that the use of the "Canopy" area as part of the balcony for (fining should not be self - evident. . However, Mr, Johnson understands that City Staff alld the City Attorney do not believe City's reguhatl0ils permit such second floor outdoor dining use the -of-way and have required that structure which extends over the public right on Portion of the balcony - canopy in the middle of the structure, at the vertical property line, This the railing be located subsequently determined, renders the structure placement, it has been narrow widft unusable tbr outdoor dining Purposes due to its B. Requ est for Direction from tile Cit C'onatnissiora TO the extent tile City's Code of Ordinances/Land Development Regulations do not prohibit such second-story balcony uses (rather, the City's codes are silent on the issue), we believe tile Cit�,,s FCgLdati011S Set forth in LDR Section 6,33, governing revocable license agreements for private On Noveniher 2, 2010, the City CorrInji,,sien apprclved k1r, Johnson's request 1() purchase space in the arnount of S 1 5,6WOO, to the extent parking for restaurants in VIC One (1) in-lieu peril ing area. 7"�Ie City Commission approved dowlltOwu is required at one (i) SpLce foj� every 1,000 square feet of use , a of use on the Wcony. The Use O" the COndgUOLIS canopy area was 11 l the request haled upon the 24 � sq uarc feet 0 addressed at the time. Additional Information for WS-3 Dav7'd T Harden, City Manager Dtetni htr 7, 20 12 Page 3 of 4 use of the public right-of-way, govern. We Understand there is s0rric disagreement as to tl1- assertion and therefore request that the matter be reviewed by the definitive policy direction Provided for purposes of clarity, City COMI-nission arid more J he Cit ' v Commission previously approved the placement of the balcony and canopy feature during its Regular Meeting on February 11, 201 1 , Sta Cf had stated allow the balcony feature that: "I SUPPOTI Of the waivers to [T he encroachment of tables and canopy Posts into the front setback area is and scale along the m generally supportable in that it does not negatively irnpact, the building's ass adverseiy affected, streetscape and the neighboring area should not be An approved sidewalk cat'6 currently exists at ground level, Article 6.3 of the C' Such uses are authorized pursuant to City's LDR entitled "Use, and Work in the public Right of Way." LDR Section 6.3.3 governs sidewalk caf6s and defines the use as follows; A sidewalk cafe is a group of tables With chairs and associated articles approved by the City situated and maintained Outside wheliler private property (exclud' .1 oil public or (excluding, Mcrior courtyard seating which is subject to ri an adjoinin business. All tables and chairs and sold to the public froi g a parking requirements) and used for the Consumption Of food and beverages associated articles must be located within th I c sidewalk cafe Permit area. Sidewalk cafes allowed [,Sic] Only When in compliance wjtll this Section. LDR Section 1 6,3.3 does not limit outdoor dining areas at street level only. There also does not appear anything within that LDR limiting such use areas to "sidewalks" or "rights of way." The LDR section itself also contemplates and regulates outdoor "sidewalk caf6" is simply the term used by the City to dining on private proPerty, The tertu regulate such Outdoor dining areas for purpose of safety (such as the "No 'Pable Zone" requircment) and regulation of required parking, Previous positive findings have already been made regarding this requiz*crnent. This restaurant has won State of Fl numero orida, u The s awarowner, ds and fMr, or th-Joe phnast son 10 years has been one of tile top 20 restaurants ill the , has been a significant contributor to the overall betterment ofille neighborhood arid the City as a Whole, Therefore, a po iti e fi element can be made again, s v the of this By their very nature, a sidewalk cal'6 ut'liz I cs part of I Ie this diminution in use, the C, , public right-Of-wa TO counterbalance -es all sidewalk caf6s to maintain a minimurn 5-foot it) rcquii y � pedestrian clear zone between the primary structure arid the beginning of the table seating. Utilizing the full balcony-canopy structure for dining, below, Stijl exists t:hc minirnum 546ot pedestrian clear zone The public will not be inconvenienced in any forin by the desired use of the full balcony- canopy Additional Information for WS-3 D-wid T Harden. Cir) Manager December 7, 2012 Pagc 4 nf4 structure for outdoor dining, The Public's ability to freely travel alc)ng the sidewalk obstructed in an form. . Approval of the Will not he Y e, waiver AAI,lj not dirxiiniish the provision of public facilities. Therefbr�,,, a positjv(� finding of t1jis element can be rnacle as well. Again, we emphasize that 32 East is currently under reconstruction and the balcony-canopy fieaturc has been installed, The railing to be installed must be installed and whether aCcornmodations for outdoor dining can be made need to be tirl-jely addi-cssed, respectfiAlly ask that the City have this We therefore is Matter placed on the very next City Commission Regular " genda for discussion. Very truly yours, LJ I UJO5LU US Cc: Mayor and City C01111-nissiOn (W/ L'vhlibits) Brian Shutt, Esq., City Attorney (w/ Exhibits) N"Ir, Paul Dorling, Plan"ing & Zoning Director (w/ Exhibits) Additional Information for WS-3 Dear Mr, Lynn: • 5611243-7(100 I have carefully reviewed your letter of December 7 on behalf of 32 East and have discussed your request with the City Attorney and our Planning Director, Your request raises a policy issue which will have to be decided by the Clty Commission, The question is whether the City should allow the use of air rights over the public right-of-way for a private purpose. We will schedule this issue for discussion by the City Commission at the January Work Session on January 8, 2013. We understand that the Florida Department of Transportation (DOT) dojs allow private use of air rights over DOT rights-of-way, subject to a lease agreement with the User of the air rights paying market rates for the private use of this public space. City staff believes that if the City Commission, as a matter of policy, wishes to allow such private use of air rights in the public right-of-way, the City should be compensated at market rates for the use of this space. In your letter you have attempted to analogize this proposed balcony over the right-of-way with a sidewalk caf6. However, there are significant differences. A sidewalk caf6 operates under an annual, revocable permit. Sidewalk caf6s on the right-of-way are in a public space which the City can return to general public use. The proposed balcony with outdoor dining at 32 East will always be for the exclusive use of 32 East, It will also increase the usable dining space of the restaurant, Accordingly, in addition to paying an annual lease. fee for the use of public air rights, 32 East would need to provide the requisite number of additional parking spaces, or pay the required amount of "Parking In-Lieu" fees. Unless we hear otherwise from your office we will place this matter on the January 8, 2013 agenda. Sincerely, David T. Harden City Manager cc: Brian Shutt Paul Dorling SERVICE • PERF,§0,AJ\Q9_MMiX90T�R1TY - P.,ESPONAWafti- XMJJjj6jjWjt10 f W 0 IT de & 3 rc gp AV DIINVUV iSV3 U SNOUVAONau DivcMvisa-di VdIK ISV3 22 1 VCINOIJ HDV59), z Z CN O g HI, CN O g CN O vmici� H-)V39)1V'1]]C 3AV DliWIV 1SV7 SNOUVAOX9N INVIOVIL J.SV3 Ize �JH 0 U I O E O O c El El aVDdWiV iSVE ;NH � Illiat"! ■ .E -3AV DIINVI-LV iSV3 H thk 4z- '% SNOILVAONHU INV�mVilsaN � \2§| El El aVDdWiV iSVE ;NH � Illiat"! ■ .E M Rre VOINCYIn 'HDVHAV��30 3AV DIINV71V iSV3 ZE S-KOfJVAON9aINIVXfIVJS9Xj 0 J.SV3 as 890 li Lill it y0 �/ If EN Ill qz i H 09d W 4. Jas z .E mj O TcQ 5750054GO fught of Way thanub JuY 1 (04 2008 folat—ft"y loans emomt Guidance Document 9 RliGii"r l�OF WAYENCROACHMENTS TABLE OF CONTEN"rs =U POSE . . . . . . . . . . . . . . .................................................................................. 9-11, AUTIHOWY ................... ................. _ ......................... ............. ......................... REFERENCES...... __ .......... .......... ............... ...................... 9-1 DEFINITiONS_ ............. ....... ........ ...................................... ............................ 2.." ............... .................................................................... 9-1 M2 wenulmg ENOMOMMIS . . . . . . . . .................................. ............... 9 - 2_ 0.3 NINng he Dedslon to iVow thc,� We to CaMM.. 9-2 SA RemaAngj Hia ......... GAS S. 5 AuPorizing the .............................................. ...... 9-3 1q.5. 11 Daiterm,!niing the, A.,pprapria0z, Document 9.5.2 S�gns ................................................ ...... ... ...... . ....... ..................... 9-4 �9.L,5.3 St,�,ail b=orne Lease Agmement OD-5 S.5.4 Leaset"idd Valual,,Ion, . ........ __ ................................. .................... .9-5 HiSTORI' .......... . ...... ...... .................. ......... ...... ....... Memo DMmmenil 9 - Flighl of Way, Er.-roaf-livranW 1"able of Corkvm� S 1"ja WOMAN-, Fly" of toy Mnual 'July 10, 2,O)a Guidance Doiciumerit 9 RIGHT OF WAY ENCROACHMENTS MHEMM -XXX%Pll errs . SOtS CUt 1 P,"c)c;ess for prctectlrig FLIC]" ftL, of way fromi un,,�,.wfflicr9zed use, This is nc,,ces�&ary to avoid potrenlial !oss of. tUtle to pmvhuWy acq&ad rjhts of way and to avoid delays lo bransiaortabon proj',ects caused by Vie, necesshy U3 recover of rights, of way prior to leftings. This GjdlanrR is not Handed tip v.iggest L"hat the district rnust ellaw aa)jsting ericroacrunants, but it ®'S mwlely a toc,,' that prcMdes opitons fbr- hvvv to hanWe ancrondiniant's wheilier Uhs decision is irriade to rornove or authorize k"heir eAdence. MI Section '337.25(5), Fliorida Sbatutes Secti-on W.4061, Flori-d-a Statutes GJdeilnec; "or the Usv,® of, FlosIds TranspcMan RUM of My FUght of My Manus, SecHmi 10.6, Riqiht �,,f V')Ia.y Property Leases RK 1521 %M Wa Per.mitE, DEFINITIONS Authorized Usia. The occipation of depaftrnenft r!r ,4,h!s ark 'MERY by AftLIP Of an SXE3,i3LIt(-d pernnft, lesse or easement document. Encmachment An omapsUmi or use of departmentrighis of wzly which has no bSS.'i aLth,Oli IS MCUEOM Ofd paratt, kemse or Other appropfiate document. 9.1 General The basic, p.r�ndple underiying this fd=urrmmtr is that ru.) pler.son or amity, may la-WIFURY CGCU;)y Or USE,, the deparbnent's rights of way without a.uthcr!zalion to do scl. 01scove!y of persons, "in possession" �r things bti!it rn or olrx�,-ipying FDOT of way are. P- red lRag that ackm 5 needed. Once Mentilat such, inlust, efther be. rennoved or autl;,%t`dzed. Guldaince Docuneni C? - RguI2 Qfhla�, T10craS Roo 57500000r; FTght of Way blanual Apal 2, 1093 9 2 Ideinfifying Encroactiments AU F001" ennployeas shcfuOd t:sa afert to the posmblre -existe-mce, of encroachr[lerfte, IA'hilen, ideptiled, the encroachmnent shouid be reported to the approprNite Officia, for harldling. Me h0cwhg Was ha ve. bef.,'m delgaWd respanWky: gns - Central CNce Right of -Vjay; Tempmay emcmadiments such mr, vendc,,'",, parkeld etc. - District Ma,*,nlena.,,,,ale Office; pt a Penmenent structures - Dstdct Right of "Way, Office. dListdcthas His uuludW to v or aWaNkh different, areas of responsibilRy to meet the district's cipcimdona nf.,,,eds. 9.3 Making the? Decislam to AHow the Use to ConUnue /,,kn wl �,.h rn an t wh kh flee QsMd for an exte, r,,, d ed p a rio d of tl a � P, wh Ji cl 1, po, S es n no safc�wty hazard or operaftsrial and wh[ch dcjarz!,� nol, inhawfers, ,Mth a transpa-rtak-n p., ect may he a cmnddWe for cl a permiiL lease or aR�S19rTIF-wn't aUtJlr"rrjZjr':Q the LISO, BY �Iuthorizlng plrevicusiy existirig ancroac,"'mnents, F-DC] ccmritnul of Ito, rights of way WAS is WipcOnt in denmnsivating tfr@e, Department's leg"al rigid to 1--he auth"orizin"O docunont specifles the term's an"d c nclilians ur�derwlnmlh 40,,ia zu,,�e mvili be allo,',,vad B nd provides a rriethod, Ar no hum UmUm (,.,)f qip- �.,zAs should it benome nE',',cessaij,, for any Lransportation, related pLap-c-se. in de!arrn ru'r,,g whe rier tu auti'mrize an en.croaclal"vent or. ne"ClAre; its rea-1.4)"tcal, thir- foilawitip facrs shoukd be cons.idsred: has been in place For :-3. iorig pedod of time or, wti ®racently added. IT'iis rnsy be & cx%ris;draration, but is riot a a 'Alim"her the encroactimprA. presents a safe!ty Inez. lni general." 71 Safety hazard st"muld be, presumed to exisf if an above ground irv,.,provemnent is 4 ocated wfthin� ttar, c!ear mcovery zxiav astaNshed for Via transpo:Iation ,,lad"lit Maknenew Omce SI'muld rrmtka the firlat am to WaTer a see$ hammt WN; TAMM COOMW 9 —419 WANy EmxmdwwtNMMs 5-2 Opt 57=0500,10 Qht of Way WnUM AlS 2, 1998 P" , et arnn Mtherthe property, or®, whi,;h exisiS 1A T! kae r: !d fOr tanspoOstion rnmposes vvithin Uiu, near future; 0 VzJt-te,,t.her thw 3F,, rice cachmei"�tprc,,-,,,en,�t ariope�"at'ic. iad i rr,,i ini�,3nt,, Wheher the enan3aclunent bereflts the departaient or adviances transportatiron �,')-bjeauves. M RemovMg the Encmachment Iff the, I-A; cdloterrnhes Rmt Ma encroachnnent sl":otnd be relrnovez, illhif; first step in raTnciva! is 1a) delNer as copy of is depsnmanVs bnockre, Gulcfefines for Use of Flor7da Transpo,rtation Rights of Waj(, alcsr.,g ®,vitb. v, OWN= request to remove the encmachnerlit. "he request rnay be vs,,M of wrJAlfen vind should allow a reasonable Erne for cornp�jancz;, 1.1 the Tnitztk reapjest does resiuft Jrii reirnoval ® the sncroachme�nl, a second request, in Writing, ssl'iouid be dielMaref.1, "T'his rs-" JLIGSt should ernphasize filiat Ithe unauPTiorized use, of the, nights of way is deflned as, a Second degr e tnisdairne era or, under the law. The owner of ' the encroadirnent si-,vild e again � 6e, afforded a rt:,&3onob�e fi.me tr cornply w1flni U-181 'EtqU(3A if fhe previous adOns do not resuit rerno-va! of dhe emcrw�chrri� n( 0,,e rnstter snould be rafufred tr'p laNy ifor Polics, n,heriff and FOOT Motor Carder CornpHaricie Officers have 'whe authairitv to issue citations free' tjinaWhorlzed use Dif Is Aghl of way under, Secdotm 33YK406(3) and (4),Flor,04 Sta are s. SL -led inst e, p e a 1, lannes of encrcanlihnnlent at the sarne licc*�fiijn shrUd be refanraej !r,, tina Distrlct General Couneek Mee fior !nftliation of legal proceedings. 9.5 ALIthorizing the Encroachment 'Mian a delerrni�Won has been real Le alkyw -nin ancroachment to rernain, a declsion rnust lbe maide as to fi-ira approp;iete ekxurnonl be as En-ch AS% shaUd be comMeW idth the EMMI, Geim,!-W Counsef. 9.5.1 DeWWWng the Appropriate Document SeW59 the appmpdWs docuvent Rx- PlLlti'10dziing uses of FDOYT rights of way deprandc on the purpose, r. pe arid duration nf th-p use. The fbHowing n1gly be Wed as a gAde: Ouldvince Ou—minpri, t 9 - RN,2,ht of Way EriCrza clunerilLS 9-3 7'apic 575-006j-000 Right of Way Manuel ppol 2, 1998 Enrl 9.1 e, ]ILM-111 Liao" MITI (--Im t —_2 -1-, —%4 aitNCL • uses 0-11, irighifz Of way do ric', beriefit'. 11"ie, depaitiment ax- adva nice bran" pod-a`,17cn wqatkes shodd be, leased, 'i"or a fair rnarket rent! as inquied 1;y Sipmafon 3,37.25�rA), Florida Statutes; leases to ',,I governirnental amity too a 'pubifc purp�,Aa' is allowed withmi, of rticsiving T�wr rnarke;t vakm, rftnta� compensation. "I"hIs dciss nclk non.-pmfit ry charitabia uspr;s or antitiess; I Lzase, of fadaiis,!-md rig-htm rn"' way frziied airspaua agreemerits) also germirally requue, receipt of fal'" rrmrikf,,at ""aftlue"'; U-se s which pd,.ri'mrily benaML -dria.depirtrn(ant or advai"iae tranispr-vtation objectives, even. W they alsa mcmdarly ,,3dvFhnca a conimerciai purp,(),,3p. may ble aut'horized, erUhar by peormanran! or lernporairy aasarnenitrs or by ge.,,ierai use prarn,iRs. Refer tu -Rule 14-20 F.A.C. for giuidsuica on -use of Use Perrnifts; Eass-rnenim consUah,als -an in'Lar st in i�"sji astaie vin' shcul;i h0 ussa for a, . r.' pr i:mprouerrienas b-,,jH1, ;ri the igghts, of ,,v;ay winich ars Aiermanent or whic'n are intended Us candnas R)r ie long parlod of idin'7,'O. LesperriTnt's, zhot,jk,f con thain 11mhunguses, candMons, 1;mb!iit , aic. For an easernont ehauld be zcoursa pursuant to Farm ion 337.25(4), Florida Statutes if thin ipznq La -a usio. of fl 'r' rigrit a„ if way is pn"invarRy (,-r,).,nrna.rc;a1 ,I-. chara(,,Iar� An be a r4ira"esNial"i uvwp'ass Conabructed 'bet�,,vezn, a. coimmercM par 9? and a pzirldngg f fni';'Hy; Perniks shoWd W LOW f0t' ShUrt0r, icyin, r,%, tempoir-ary non y -commard uses (see Mulke 14-20 FA.C.). Flernnl!z anal y mile o be 9 w.,-,,7ed by municip'li cw couny gave rnrmsnts for tampor,,IC, uses of the We wed eyalann, Whi suah loca! junsdicTxis for purpas s Mortified in Section, 337.406, Florida Statutes. Signs generally rnust be, atAhadzed by lease and not by pemlit, shme adveddsing signs afe riot authorized on the operalJonal rigints (Y as ;Ty Chapter 479, Flori& Statates. A%N advedilsing signs awst cobt-tain a s0ka o�,itdoor advartising sigr,,, perrrik[ unless it is exempt lfroni the, statLqory p . r `nt n eqLArennents. It is imparta Imerflsin(g Section 1 ®i Unte , nt to coordinate sH Ign, imues with the Outdour AL PiWit ofWay Office in'Tallahzssee. WkYre Comm! 9 - Q9d OVAQ EMMMOM 114 Topic 575-0[1,0-0100 Right of VVay Manual AQ 2, 1988 n Cd r0F)rqY M401 - ----------- -a 4-. AL( a mt M axnapEon to the Wase requiememi may be amdea for temporary ,j iris whkM do not pf,,me a s,,af(,-,Ay hazamJ, or cjperaifbna� These rnmy be authorized by pei'mit iSSU.ed by depeMnem, a dty cor a cryunty for a Jimited pegad cl Umm 771s t�ypp. of sign is geamrafly �,,moclatc,�,d wRha Nrnfted tarn', s'verlt such as a pubHc NEQ Wr or pamde. Signs which „,.a.qV of commercial aniities ar events sho-jiuld not be Whodmi under Its pravis= 9.S.3 Short Form Lease Agreement A spade! Short Ran Lease Pgreament has been deveioped fcq- u-se in euthicrizing pre-existing enamecBMs anJ is ,ava!!,abki� ftroxr.� th�e fbmns Rziry on Hqht of"Way's intranzA wet) site. '"Fin."m dcacument �stw use ONLY for this ptirpose and shmid nwm be Used leases oacuted under Secdon M6, 1QNt VA;V ROPM41 WaSeS. Note: Copies A., afl e*roc;uted !eases, standard Or forril ba; Provided tnc ihe appropria"le Dnstrict Maintermncia Offlf;a. 9.5.4 Leasehoid VaWation SeMon 33125( 5), Florida Statutes, f-6'qLflinis that department property- nriust. be I a rased at market vska. Market value may iha austablishad through is fbFmal apprafsai procia,,�m, or through an., tastira at prepa,,” d by a quaffed de-pah",ment staff nnarnbar. typi, c of process ,,zed sltouilfd t,,e based f.,,pan Itkile coniplex�tj o f the valuation issi,,je. HISTORY Statutes & Constitution Niew Statutes: Online Sunshine Page I of 3 Select Year: Go Im, MW M��, , �110M or-111 mm m�y'.;� fittp:llwww.leg.state.fl.usIStatateslindex.cfm?App_jnode=Display_Statute&Search—String=&URL=0300-0... 1/4/2013 Copyright 0 1995-2013 The Florida Legislature - Privacy Statement - Contact Us http://NvNvw.leg.state.R.usIStatuteslindex.cfm?App__pode=Display-.Statute&Search-Strinjz=&URL=0300-0... 1/4/2013 VCM073 'HJN39 kVbnl(l 3nNJIINHIld ✓P ISV3 ZE ■� _ SNOIIVAORn. NVNnVIO9 = g ®i 20 LSV3 70 @@ �a 3nb JIlNV7-LV 1SH3 M d mEll s ma ;:I a� x �4 0. XU Q z Q w ....... .. tF �r i ]BUILDING SECTION. qn PROPERTY LINE LAFIN16HED CONC. BASE EXISTING CONIC, CANOPY TO REMAIN NEW LIGHT FIXTURE MUD SET GR`EY TILE OVER LIGHT VJErWT CONCI OVER METAL FRAMING NEW I }" DIA, ALUMINUM PIPE RAtLJNG 42" ABOVE FINISH FLOOR PAfN—ED SILVER NEW MARBLE TOP TO MATCH EX16riNr, BAR V-2 114' NEW EXTERIOR COLJN'ER, MAHOGANY FINISH WITH )" BLACK REVEALS EW 9X8 PAINTED GLOSS ENAMEL SILVER STEEL COLUIN& MEMORANDUM TO: Mayor and City Commissioners FROM: Richard J. Reade, Sustainability Officer/PIO THROUGH: Douglas E. Smith, Interim City Manager DATE: January 4, 2013 SUBJECT: AGENDA ITEM WS.4 - SPECIAL/WORKSHOP MEETING OF JANUARY 8, 2013 STATE LEGISLATIVE UPDATE ITEM BEFORE COMMISSION Staff will provide the City Commission with an update regarding the City's actions to prepare for the upcoming 2013 State Legislative Session. BACKGROUND The State of Florida's 2013 Legislative session is fast approaching (begins Tuesday, March 5, 2013 and ends on Friday, May 3, 2013) and there are a number of issues that staff is working on to help ensure that the City is well represented on the issues that directly affect our community. As a result, staff will provide the Commission with an update on the City's activities to prepare for the upcoming session and to receive direction on various issues, including: Legislative Lobbyist Update Status of the City's Final 2013 Legislative Priorities Proposed Joint Legislative Meeting - Tuesday, January 29th or Wednesday, January 30th CITY OF DELRAY BEAC 2013 KEY STATE LEGISLATIVE ISSUES Develop Fair and Equitable Tax Structure: SUPPORTS legislation that provides a fair and E allows municipalities the flexibility to provide the their citizens. Legislation should be developed that stabilizing Florida's state and local tax revenue s provides fairness for both citizens and businesses o1 the realities that the current statewide constitutional all levels of government. Arbitrary caps on propE expenditures or municipal revenues, including Tax I proposals, should be OPPOSED. Unfunded Mangy unfund costs t ma "he City of Delray Beach Iuitable tax structure and vel of services desired by ;UPPORTS simplifying and ructure in a manner that )ur state, while addressing axing structure imposes on :y assessments, municipal iyer Bill of Rights (TABOR) es to Local Governments: The City of Delray Beach ion that strengthens the prohibition on existing and new cities and er s are ident equires enhanced staff analyses and quantification of the �ures full funding sources be assigned whenever unfunded current unfunded mai eliminate 'unnecessary proposed law which co matter and be enactec only after a duly noti available. The legislature should SUPPORT revisions to the rtes provision of the Florida Constitution that would <emptions. The revision should also ensure that any gins an unfunded mandate contain only a single subject y three - fourths vote of each house of the Legislature, J public hearing at which a current fiscal analysis is Communication Services and Local Business Taxes - The City of Delray Beach OPPOSES legislation that restricts or eliminates the authority of municipalities to levy, collect and /or expend the communications services tax and the local business tax. Page 1 DRAFT — 01/08/13 Additional Information for WS.4 Municipal Pension Plans: The City of Delray Beach OPPOSES legislation that diminishes municipal control over municipal employee pension plan management and funding or that increases municipal funding liabilities. The City will SUPPORT legislation that provides comprehensive municipal firefighter and police officer pension reform provided any comprehensive pension reform package addresses the issue of flexibility in the use insurance premium tax revenues in place of the previous requirement that additional revenues be used for new, "extra" pension benefits. Police Officer and Firefighter Disability Presumptions: The City of Delray Beach SUPPORTS reform legislation that restricts the current statutory disability presumptions for firefighters and law enforcement officers relating to tuberculosis, heart disease, or hypertension. HOME RULE Public Officers/ Severance Pay: The City' SUPPORTS the repeal of SB 88, passed in 2011, that restricts severance pay for any public officer, agent, employee or contractor. The bill removes Home Rule authority over severance pay by creating a limit of up to 20 weeks of severance pay. Regulation of Firearms and Ammunition: The City SUPPORTS the repeal of HB 45, passed in 2011, which prohibits the City from implementing enforcement action policies regarding firearms and ammunition regulation. Fireworks Regulation: The City of Delray Beach SUPPORTS legislation that strengthens state and Local regulations on the sale of fireworks and their illegal use. The City of Delray Beach OPPOSES legislation that limits local regulation, or enforcement, of illegal fireworks. Texting While Driving: The City of Delray Beach SUPPORTS the modification of traffic statutes to include texting while driving as an element of careless driving. (SB 52 Detect, SB 74 Sachs, SB 152 Altman, HB 13 Holder & Pilon). Sober Houses: The City of Delray Beach SUPPORTS legislation that provides for regulation and licensing of Sober Houses. The City also SUPPORTS full enforcement of existing state regulations on substance abuse services. Pursuant to 65D- 30.003, Florida Administrative Code, all substance abuse components must be provided by persons or entities that are licensed by the Department of Children and Families (DCF), unless otherwise exempt from licensing. Page 2 Additional InformqM*prfog1V)%A3 Synthetic Drugs: The City of Delray Beach SUPPORTS legislation banning the manufacture, possession, distribution, purchase or sale of synthetic drugs, including herbal incense, bath salts, synthetic marijuana and /or any cannabinoids in the state of Florida and also encourages funding for drug abuse education. TRANSPORTATION ISSUES Transportation Funding: The City of Delray Beach SUPPORTS legislation that provides proportionate, dedicated and recurring revenue sources for multi -modal municipal and regional transportation projects to ensure that local conditions and needs are addressed. The City will SUPPORT legislation that: • Authorizes the Florida Department of support local and regional transporta.l Alcomplete street" programs • Prohibits the transfer of State Trans transportation purposes Transportation Funding: The City of provides opportunities for additional transportation infrastructure projects. isportation to increase funding to and transit alternatives, including portation Trust Funds for non - Beach SUPPORTS legislation that we options to fund municipal South Florida Regional Transportation Authority (SFRTA): The City of Delray Beach OPPOSES any changes to the membership of the SFRTA that would remove the SFPTA's independent authority to appoint three (3) local citizen appointees. The City also OPPOSES any changes to the SFRTA's statutory authority to expend local funding that is provided to the SFRTA. Red Light Cameras: The City OPPOSES legislation that repeals the current authorization in the Florida Statutes for red light camera programs. PLANNING RELATED ISSUES Outdoor Advertising: The City of Delray Beach SUPPORTS legislation that provides the home rule authority of municipalities to more strictly regulate outdoor signage, including billboards. Internet Cafes: The City SUPPORTS legislation that will either regulate businesses operating internet "sweepstakes" gaming activities under the gaming commission, or find them in violation of Florida Statues - Chapter 849 and prosecuted accordingly. Page 3 Additional InformqM*prfog1W)%A3 Housing: The City of Delray Beach million for the national foreclosure neighborhood stabilization programs to affordable housing initiatives. ENVIRONMENTAL ISSUES SUPPORTS legislation providing $300 settlement agreement to designated be used for existing local government Beach Renourishment: The City of Delray Beach preserving funding within the Ecosystem Managem( Fund, to support beach restoration projects throughou important to the City of Delray Beach due to the ong for our 2.65 mile beach. Both State & Federal Fu critical to this important, ongoing project. legislation t;the State. This funding is oing renourishment project nding for this project are Water Management District Governance and Authority: The City of Delray Beach will support legislation that amends the powers and duties of the water management districts. Such legislation should: • Require legislative ratification of water management district that i government, and • Specify that water management government adoption or repeal o approval of any ordinance. ny proposed rule change proposed by a loses a financial impact on a local ricts have no authority to require local dinances or to mandate the review or Referendum Campaign Involvement: The City of Delray Beach will SUPPORT legislation to remove restrictions in F.S. 106.113 that prohibit a local government, or any person on the local government's behalf, from spending public money to advocate for the passage or defeat of any issue, referendum, or amendment going to a public vote. Early Voting Sites: The City of Delray Beach SUPPORTS legislation which would permit the Supervisor of Elections with the option to designate any permanent public facility as an early voting site. Public Notices: The City of Delray Beach SUPPORTS legislation that would authorize municipalities to provide public notice and advertising by means other than newspapers (i.e. Internet posting and other suitable alternatives). Page 4 Additional InformqM*prfog1V)%A3 APPROPRIATION ISSUES Judicial System Funding: The City of Delray Beach strongly SUPPORTS the full funding of the State Attorney, Public Defender offices and the Judiciary. Reduced court funding has a significant impact on public safety due to the inability to complete the processing of cases. The City makes arrests, but the court system is so overwhelmed due to reductions in funding that cases are "no filed" or "nolle prossed" by the State Attorney's office or lost in court due to speedy trial requirements. Thus, full funding of the court system to include the Juvenile Assessment Centers statewide is critical to public safety. The City also SUPPORTS the following revenue enhancements for the court system: • Expansion of the $65 mandatory court fee to be applied to civil cases in addition to the already allowed criminal cases. This fee would allow for additional revenue to fund the state court system. • Continuation and enhancement of the $2.00 recording fee to be distributed to counties to fund court - related technology needs. • Full funding for statewide traffic hearing officer programs. EMS Grants: The City of Delray Beach SUPPORTS continued funding of the Florida Emergency Medical Services' (EMS) matching grant programs provided by the Florida Department of Health - Bureau of Emergency Medical Services. The programs are authorized to improve and expand EMS statewide. Parks and Recr, expanded funding (FRDAP) under the program provides devf on Funding: Tr the Florida Recrea rida Department of portant financial IC e City of Delray Beach SUPPORTS :ion Development Assistance Program Environmental Protection (FDEP). This assistance to local governments for public outdoor recreational purposes. Page 5 Additional InformqM*prfog1W)%A3 MEMORANDUM TO: Mayor and City Commissioners FROM: Douglas E. Smith, Interim City Manager DATE: January 4, 2013 SUBJECT: AGENDA ITEM WS.5 - SPECIAL/WORKSHOP MEETING OF JANUARY 8, 2013 DISCUSSION REGARDING CITY COMMISSION VOTING PROCEDURE ITEM BEFORE COMMISSION The item before the Commission is a discussion of the City Commission voting procedure that is being brought forward by Mayor Carney (see Section II (A)(8)(d) (1) and (2) on page 3 of the attached document). 1111111,, I M1 ��I 1,111' 101, Fl DIELRAY BERE H DIELIRAY REACH �� „ � uir Mkkffffff�e�GcaCltd RULES OF PROCEDURE DELRAY BEACH CI'T`Y COMMISSION a r The general parliamentary procedure to be followed by the City Coniniission of the City of Delray beach, Florida, except as otherwise modified. by the CMT Commission or as modified F or amended herein, shall be in accordance with the rules of parliamentary procedures entitled "Robert's Rules of Order” being the reprint of the 1907 edition. A. The following Local Mules of procedure shall be applicable to the organization and conduct of business, as well as preparation and publication of agendas, of the City Commission of the City= of Delrayr Beach, Florida. To the extent these. Local Rules shall modify or conflict with the standard "Robert's Mules of Order" as adapted above, these. Local Mules shall prevail to the extent of their conflict or inconsistency with "Robert's Rules of Order ". Ira addition to these local rules, rules for quasi judicial proceedings shall apply to proceedings which require quasi judicial hearings. 1. Regular in.eetings of the City Commission shall. be .held on the first and third. Tuesdays of each month, with the exception of the month of December and any Delray Beach municipal election dates, at 6:00 p.m., in City- Hall. During the month of December only, the reguharCir T Commission meetings shall occur on the first and second Tuesdays at 6:00 p.m. at City Hall. There shall be no regular City- C'ornmission meeting on the date of a Delray Beach municipal election. A meeting that would otheiwise have been scheduled for such date shall be held on the Thursday immediately following the election at 6:00 p.m. at City I:Iall. 2, Workshop meetings of the City Coi ixrission shall be held on the second `Yuesday of each month at 6 :00 p.m. in City- Hall, except that there shall be no workshops in the month of December. �- I. 3. All regular City Comtriission meetings shall be held in the City Commission Chambers at City Hall, unless otherwise designated by the Cite Commission. All workshop City Commission meetings will be held in either the first Floor Conference Room or the Commission Chambers at City= hall, as determined by the City Manager. All meetings of the City Commission shall end by 11:00 p.tu. unless extended beyond 11:00 p.m. by a majority vote of the City Commission. Thereafter, the meeting shall end upon the conclusion of each hour (12:00, 1:00, etc.), unless extended by a majority vote of the City Commission for each Hour. Any unfinished business shall be considered at a time and place set by the City Commission. 4. There may also be special workshop meetings at such other times as so designated in advance by the City Commission for the purposes of holding joint meetings with City boards, etc., to include receiving annual reports and presentations from. the City's boards, corninittees, agencies and authorities, or for such other purposes as may be deemed necessary or desirable by the City Commission. 5. Special meetings shall be called at the request of the Mayor in accordance with the provisions of the City Charter and the Code of Ordinances.. G. To the extent. compatible with the conduct of business, all workshop meetings shall . be held on an informal basis. 'the applicability of the City's general rules shall not be strictly applied. Public comments after presentations will be limited to three (3) minutes at the Mayor's discretion or by consensus of the City Commission. Presentations made at workshop meetings shall be limited to fifteen (15) minutes, unless the Cornlidssion, by consensus, agrees to extend the time. 7. Although appropriate members of the City Attorney's (Office and City Administration may place items on either the workshop or the regular agendas, all regular agendas shall be subject to review in advance by the Mayor prior to their publication, except that a majority of the members of the City Comi fission that request that the City Manager's office place or remove an item on such regular agendas, and that all such regular agendas shall be further subject to the approval of the City Commission preceding the conduct of business at each such meeting. If the Commission or any of its inernbers swish to place or remove an item on an agenda, or if any member of the Commission has a question or concern about an item, any such request or inquiry shall be directed to the City Manager's office for disposition as opposed to any Cotm- ssion member contacting any City officer or employee -:who is subject to the direction and supervision of the City Manager. S. With regard to the agenda for regular City Commission meetings, the following shall apply: a. To the extent possible, the City Administration shall group all matters by subject area, and shall place as many as possible on the consent portion of the agenda. b. The agenda format shall be generally as follows: A call to order, invocation, pledge of allegiance, formal approval of the agenda, formal approval of minutes, proclamations and presentations, if any, the consent agenda, public comments and inquiries from the floor concerning items not on the approved agenda, the regular agenda, public hearings, first readings of ordinances, followed by items not specifically on the published agenda from the City Manager, the City Attorney, and members of the City Commission. The public comment and inquiry on non- agenda items shall occur after the approval of the consent agenda, however, it shall not extend beyond 7:010 p.m.. and in the event there are persons who have not been able to voice their comments prior to 7:00, the public comment on non agenda items shall resume after the public hearing segment of the agenda. The public hearing segment of the agenda shall be duly advertised for and shall commence at 7:00 p.tat. or as soon thereafter as passible. c. Any items received during the non - agendaed items section of the regular agenda may, at the discretion of the Commission, be discussed by the City Con:ttnnission at the time of such presentation, maybe directed by tine Cosnnaission to the City Manager for action or resolution, or may be added to a subsequent workshop agenda if a member of the City Commission so specifically requests. d. (1) Votes taken on ordinances, resolutions and motions shall be by roll call and shall be recorded by the City Clerk. The toll call shall be on a rotating basis and according to the numbered Cotnnussion seats, i.e.: Motion A Order of rotation: Seat 1, Seat 2, Seat 3, Seat 4, Seat 5 Motion B — Order of rotation: Seat 2, Seat 3, Seat 4, Seat 5, Seat 1 Motion C Order of rotation: Seat 3, Seat 4, Seat 5, Seat 1, Seat 2, etc. (2) 'There shall be no votes taken on any non- published %non - agendaed items, except upon the declaration of an emergency. The declaration of emergency shall only be determined upon the affirmative vote of no less than four (4) members, or a unanimous vote if only three (3) City Commission members are present and voting on such motion. These rules are not intended to and shall not supersede the procedures and requirements of the City Charter., Code of Ordinances or State Statute with regard to emergency matters for consideration by the City Comt7vssion. e. All public input on agendaed or non-- agendaed items shall be limited to not more than three (3) minutes per person, subject to an extension of such time upon the formal approval by a majority vote of the City Commission members present and voting on such request for extension of tune. f. The Mayor shall have the authority to limit immaterial, unnecessary or redundant presentations or requests. g. Public input on agendaed items, other than those that are specifically set for a formal public hearing, shall be allowed when agreed by consensus of the City Commission. CITY BOARD, COMMITTEE, COMMISSION AND AGENDA A. All appointments to city boards, commissions and committees whose members are not subject to appointment by other entities, and in accordance with any applicable restrictions by State Statute, shall be made ill accordance with the followirig procedures: 1. All vacancies subject to appointment to such city boards, commissions and committees shall be made on a nomination basis by each of the inembers of the City Commission. This nomination shall be construed to be a Motion to Appoint, which must be seconded by another member of the City Col imission then present and voting, and then adopted by an affirmative vote of no less than three (3) votes. A Commissioner naay defer an appointment to the next regular inceting. If a Coilunissioner is not ready to mare an appointment at the next regular meeting then the nomination shall rotate to the next appropriate Con- imissioner. If a Commissioner makes a noininationf motion and this motion either fails for lack of a second or does not receive a sufficient number of affirmative votes, then that Commissioner shall have one additional opportunity to mare a secondary nomination for this vacancy at this same meeting or the next successive regular inceting. If that appointment should also fail for lack of a second to the nomination or by not receiving sufficient affirmative vines, then the nomination shall rotate to the next appropriate Commissioner. 2. The rotation system shall be by numbered Commission seat and insofar as possible, each Commission seat shall be assigned an equal number of initial appointments from the date of adoption of these rules, i.e.: Board A — Order of Rotation: Seat 1, Seat 2, Seat 3, Seat 4, Seat 5 Board B Carder of Rotation: Seat 2, Seat 3, Seat 4, Seat 5, Seat 1 Board C — Order of Rotation: Seat 3, Seat 4, Seat 5, Scat 1, Seat 2 3. A separate rotation list shall be established by the City Clerk's office for each such City board, commission or committee, and the City Clerk's office shall maintain records of the rotation list, the status of same, and the nominations made by each Commissioner. In the instance where a vacancy is available at a City Commission meeting where the Commissioner who is next on the rotation is absent, then the City Commission shall postpone this appointment to the next regular meeting. Should this Commissioner not be present at the subsequent meeting, then the nomination ability shall pass to the next Commissioner on the rotation system present at that meeting. 4. In the event that an individual, duly nominated and appointed to a board, commission or committee by a Commissioner at a City Cotniinission meeting, is unable to accept or declines the appointment, for whatever reason, then tlae Con- inissioner who appointed the individual unable to serve shall lave the opportunity to nominate a replacement appointee to fill the vacancy before the nomination ability passes to the next Commissioner on the rotation system. Such replacement appointment shall be i-nade no later than the second regular meeting subsequent to the meeting at which the declined appointment was made. If the replacement appointment is not made -within this time frame, then the nomination ability shall pass to the next Comnissioner on the rotation system. 5. Appointments for vacancies occurring on a board wherein the particular member has, for whatever reason, not fulfilled their entire term of membership on drat particular board, cominnssion or committee, shall be to complete the unexpired term only. G. The City Commission retains the right to waive these requirements by the affirmative vote of no less than four (4) members of the City Commission under circumstances that would be in the best interest of the City (or a unanimous vote if only three me nbers of the City Commission are present and voting on such motion). 7. These rules, when adopted, shall supersede any other general rules or local rules which are inconsistent herewith, to the extent of such inconsistency. IV. CITY 1' ANA ERXITS' ATTORNEY ANNUAL REVIEW. The City Cona nission shall annually, in the month of May, conduct a performance evaluation and salary review of the City Manager and City Attorney. Approved and adopted by the City Commission of the City of Delray Beach, Florida, at the Regular Meeting field on September 20, 2012. ATTEST. Chev elle D. Nubin, MMC City Clerk