12-11-12 Regular City Commission MinutesDECEMBER 11, 2012
A Regular Meeting of the City Commission of the City of Delray Beach,
Florida, was called to order by Mayor Nelson S. McDuffie in the Commission Chambers
at City Hall at 6:00 p.m., Tuesday, December 11, 2012.
1. Roll call showed:
Present- Commissioner Thomas F. Carney, Jr.
Commissioner Alson Jacquet
Commissioner Adam Frankel
Commissioner Angeleta E. Gray
Mayor Nelson S. McDuffie
Absent - None
Also present were - David T. Harden, City Manager
Brian Shutt, City Attorney
Chevelle D. Nubin, City Clerk
2. The opening prayer was delivered by Rabbi Randy Konigsburg, Hospice
of Palm Beach County.
3. The Pledge of Allegiance to the flag of the United States of America was
given.
4. AGENDA APPROVAL.
Mayor McDuffie noted additional information for Item 8.5.2., Bid Award
to Sealand Contractors.
Also, Mayor McDuffie stated there is revised information for Item 10.D.,
Waiver Request /1240 Seaspray Avenue and for Item 10.K., Revised General
Employees Investment Policy.
Mayor McDuffie requested that Item B.P., FY 2013 Proposed
Performance Measures /Golf Courses and Tennis Facilities of the Consent Agenda be
moved to the Regular Agenda as Item 10.A.A.
Mr. Frankel moved approve the Agenda as amended, seconded by Mrs.
Gray. Upon roll call the Commission voted as follows: Mr. Jacquet -- Yes; Mr. Frankel —
Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes.
Said motion passed with a 5 to 0 vote.
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5. APPROVAL OF MINUTES:
None.
6. PROCLAMATIONS:
6.A. None
7. PRESENTATIONS:
7.A. RESOLUTION NO. 57 -12: Approve Resolution No. 57 -12 recognizing
and commending Timothy Simmons for 30 years of dedicated service to the City of
Delray Beach.
Ttiaf Respl�tr, N�?7_1� iu� fc�ll�s�r�-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING
AND COMMENDING TIMOTHY SIMMONS FOR
THIRTY YEARS OF DEDICATED SERVICE TO THE
CITY OF DELRAY BEACH.
(The official copy of Resolution No. 57 -12 is on file in the City Clerk's
office.)
Linda Karch, Director of Parks and Recreation, stated for thirty years Tim
Simmons has been a tremendous asset to the Parks and Recreation Department and to the
City of Delray Beach. Tim Simmons came forward to accept the resolution.
Mr. Frankel moved to approve Resolution No. 57 -12, seconded by Mr.
Jacquet. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray
— Yes; Mayor MCDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes. Said motion
passed with a 5 to 0 vote.
7.B. Presentation by Sister Cities' Student Ambassadors: Spencer
Anderson, Emma Arrieta, Alex Brandt, Mika Durante, Izaak Lakhik,Phoebe
Weiner and Danielle Zaros (ADDENDUM
David Schmidt stated this is the 35th anniversary of Delray Beach's Sister
Cities' relationship with Miyazu, Japan (George Morikami's hometown) and as part of
that celebration earlier this year the Commission entered a proclamation naming seven
(7) student ambassadors who traveled to Miyazu this summer. Mr. Schmidt introduced
the following presenters who gave a brief presentation about their trip to Japan: Spencer
Anderson, Emma Arrieta, Mika Durante, and Phoebe Weiner.
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Mr. Schmidt thanked the City Manager for his support with the Sister
Cities' Program over the years.
7.C. Presentation by Coastal Planning & Engineering on Beach
(ADDENDUM)
DDENDUM) -
Richard H. Spadoni, Executive Director/ Coastal Planning &
Engineering, Inc., gave a status report on the Beach Renourishment Project and stated he
spoke with the dredge contractor today and they are on schedule to show the dredge at the
beginning of February. Mr. Spadoni stated the project extends from about 1,000 feet
south of Atlantic Dunes Park to about 1,000 feet north of Atlantic Avenue (approximately
1.9 miles); approximately 1.9 million cubic yards of sand on the beach. He stated he is
aware of the concern of the beach north of the project area. Mr. Spadoni stated there is
another 4,000 foot segment from that point to the north city limits that is not in the
project and at the time the project was put together the beach was extremely stable but
Hurricane Sandy has changed that to some extent. At the request of Planning Director,
Mr. Spadoni stated he looked into whether or not they could include that 4,000 foot
segment into the oncoming Beach Renourishment Project. He stated their permit process
usually takes about 1 1/2 years and right now they are talking about a six (6) week
window. Mr. Spadoni stated he spoke with the Florida Department of Environmental
Protection and they informed him that it was possible to modify the permit which could
take 2 -3 months and would put them at the very end of the Beach Renourishment Project.
Also, Mr. Spadoni stated they talked to the Corp of Engineers and they indicated that it
would be impossible to obtain Federal approvals to extend that project 4,000 south. He
stated when they pulled together the Beach Renourishment Project working closely with
the Corp of Engineers they have to produce a document called a "Limited Re-evaluation
Report (LRR)" which is the funding document that sets up Delray Beach for funding
from the State of Florida. Mr. Spadoni stated they informed him that if they kept the
same project limits they used in 2002 they could forgo that step and save two years and
$300,0004400,000 in engineering fees and they agreed to do that. He stated to come
back now and try to add the 4,000 foot segment on would jeopardize the City's
opportunity to receive Federal funding or produce the LRR which is. a two (2) year delay.
Mr. Spadoni stated a second alternative would be to design a Beach Nourishment Project
for that area and wait for another community in South Florida to bring a dredge into the
area and try to piggyback onto that project. He stated there is a permit process and they
are 11/2 -2 years away from pulling that project together. Mr. Spadoni stated they are
seeing recovery of the beach and some of that sand is coming back.
Brief discussion between Mr. Spadoni, Mayor McDuffie and
Commissioner Carney followed.
8. CONSENT AGENDA: City Manager Recornnaends Approval.
8.A. FINAL SUBDIVISION PLAT APPROVAL /SPODAK DENTAL
OFFICE: Approve a final subdivision plat for Spodak Dental Office, a new office
development located on the north side of West Atlantic Avenue, west of Homewood
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Boulevard.
8.B. FINAL SUBDIVISION PLAT APPROVALIMIDTOWN DELRAY
REPLAT 1: Approve a final subdivision plat for a new townhouse development being
re- platted as Midtown Delray Re -Plat 1, located south of Linton Boulevard, near Military
Trail, between Park Access Road and Orchard Lane.
8.C. CONSULTING SERVICE AUTHORIZATION NO. 12- 02/KIMLEY
HORN AND ASSOCIATES, INC.: Approve Consulting Service Authorization No. 12-
02 with Kimley Horn and Associates, Inc. in the amount of $98,271.36 for post design
services for the Federal Highway Enhancements Project; contingent upon approval the
Interlocal Agreement between the City of Delray Beach and the Delray Beach
Community Redevelopment Agency (CRA) for the US 1 Corridor Improvement
Project. Funding is available from 334 - 3162 -541 -68.52 (General Construction Fund:
Capital Outlay /Buildings).
8.D. MULTI -PARTY AGREEMENT: CITY OF DELRAY
BEACH/COMMUNITY REDEVELOPMENT AGENCY (CRA) /DELRAY BEACH
PRESERVATION TRUST: Approve a Multi -Party Agreement between the City of
Delray Beach, the Community Redevelopment Agency (CRA) and the Delray Beach
Preservation Trust for the Neighborhood Sign Program.
B.E. RESOLUTION NO. 60 -12: Approve Resolution No. 60 -12 to name the
north -south public alley located east of N.E. 3rd Avenue, between N.E. 3rd Street and
N.E. 4th Street "Artists Alley ".
The caption of Resolution No. 60 -12 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, NAMING THE
ALLEY FROM NE 3RD STREET TO NE 4" STREET,
BETWEEN NE 3RD AVENUE AND THE FEC
RAILROAD TRACK "ARTISTS ALLEY "; AND
PROVIDING FOR AN EFFECTIVE DATE.
(The official copy of Resolution No. 60 -12 is on file in the City Clerk's
office.)
S.F. AMENDMENT NO. 2 TO THE CONTRACT FOR SALE AND
PURCHASE: 2707 S.W. 2ND STREET: Approve Amendment No. 2 to the Contract
for Sale and Purchase between the City and Santiago Gutierrez to extend the closing date
to January 15, 2013 for the sale of Neighborhood Stabilization Program (NSP) property
located at 2707 S.W. 2nd Street.
8.G. LANDSCAPE MAINTENANCE AGREEMENT /101 S.E. 2ND
AVENUE: Approve a Landscape Maintenance Agreement with Susan Wieland for tree
replacement within the right -of -way at 101 S.E. 2nd Avenue.
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S.H. LAND USE RESTRICTION AGREEMENT AND DEED
RESTRICTIONS/ DELRAY HOUSING GROUP, INC. /614 S.W. 6TH
AVENUE: Approve a Neighborhood Stabilization Program Land Use Restriction
Agreement and Deed Restrictions with Delray Housing Group, Inc. for the property
located at 614 S.W. 6th Avenue.
B.I. LAND USE RESTRICTION AGREEMENT AND DEED
RESTRICTIONS: 530 N.W. 48TH AVENUE: Approve a Neighborhood Stabilization
Program (NSP) Land Use Restriction Agreement and Deed Restrictions with Jean L.
Nelan for the property located at 530 N.W. 48th Avenue.
S_.I. LAND USE RESTRICTION AGREEMENT AND DEED
RESTRICTIONS: 3740 LANCEWOOD PLACE: Approve a Neighborhood
Stabilization Program (NSP) Land Use Restriction Agreement and Deed Restrictions
with Lana Ritz for the property located at 3740 Lancewood Place sold for single - family
homeownership.
B.K. LAND USE RESTRICTION AGREEMENT AND DEED
COURT: Approve a Neighborhood Stabilization Program (NSP) Land Use Restriction
Agreement and Deed Restrictions with Delray Housing Group, Inc. for the donated
property located at 1505 S.W. 3rd Court.
S.L. LAND USE RESTRICTION AG
RESTRICTIONS/ DELRAY HOUSING GROUP
STREET: Approve a Neighborhood Stabilization Program (NSP) Land Use Restriction
Agreement and Deed Restrictions with Delray Housing Group, Inc. for the donated
property located at 1212 -1214 S.W. 2nd Avenue.
S.M. LAND USE RESTRICTION AGREEMENT AND DEED
RESTRICTIONS/ DELRAY HOUSING GROUP,_ _ INC. /616 S.W. 9TH
STREET: Approve a Neighborhood Stabilization Program (NSP) Land Use Restriction
Agreement and Deed Restrictions with Delray Housing Group, Inc. for the donated
property located at 616 S.W. 9th Street.
S.N. LAND USE RESTRICTION AGREEMENT AND DEED
RESTRICTIONS/ DELRAY HOUSING GROUP, INC./518 S.W. 9'
COURT: Approve a Neighborhood Stabilization Program (NSP) Land Use Restriction
Agreement and Deed Restrictions with Delray Housing Group, Inc. for the donated
property located at 518 S.W. 9th Court.
S.O. LAND USE RESTRICTION AGREEMENT AND DEED
RESTRICTIONS: 3619 AVENUE MONTRESSOR: Approve a Neighborhood
Stabilization Program (NSP) Land Use Restriction Agreement and Deed Restrictions
with Heubreux Destinvil for a property that will be sold for single - family homeownership
located at 3619 Avenue Montressor.
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8.P. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A.A.
80. SPECIAL EVENT RE UESTISAVOR THE AVENUE: Approve and
endorse Savor the Avenue, sponsored by Boca Raton and Delray Beach Magazines and
supported by the Downtown Development Authority, to be held on March 28, 2013 from
5:30 p.m. to 8:30 p.m.; to grant a temporary use permit per LDR Section 2.4.6(F) for
closure and use of Atlantic Avenue from Swinton to the west side of N.E. /S.E. 5th
Avenue from 2 p.m. until 10:00 p.m.; and to authorize staff support for security,
barricading, use of a City owned portable generator and banner hanging with banners to
be hung no sooner than 14 days prior to the event; contingent upon receipt of a certificate
of event and alcohol liability insurance and an executed Hold Harmless Agreement by
March 7, 2013. The event sponsor is responsible for an estimated total cost of $4,323.00.
8.R. REVIEW-,--OF ..- _APPEALABLE - LAND - - DEVELOPMENT BOARD
Lm0.i�$Silil -➢• r i+e✓irg L L3%W tb�s &%0.lA %i] 4iA Aa.+' .i4G.iJ a�td.) 3sitiaaBy E3�' iiiv Lt6aiu a�aVC.. Vp✓aikvile. 3.sv:.B.x ..Lu 4vi
the period December 3, 2012 through December 7, 2012.
8.S. AWARD OF BIDS AND CONTRACTS:
1. Bid award to Coastal Contracting & Development, Inc. the lowest
responsive bidder, in the amount of $92,510.00 for renovations to
the Utility Billing Division. Funding is available from 442 -5178-
536 -62.10 (Water & Sewer Renewal & Replacement Fund:
Buildings).
2. Bid award to Sealand Contractors in the amount of $12,486,967.77
for the Federal Highway Beautification Project; contingent upon
approval of an Interlocal Agreement between the City and the
Community Redevelopment Agency for the US 1 Corridor
Improvement Project and bid concurrence from the Florida
Department of Transportation (FDOT). Funding is available from
4425178 -536 -68.52 (Water & Sewer Renewal & Replacement
Fund: Improvements Other/Federal Highway Beautification), 448-
5461 -538 -68.52 (Storm Water Utility Fund: Other
Improvement/Federal Highway Beautification), 334- 3162541-
68.52 (General Construction Fund: Other Improvement/Federal
Highway Beautification) and 334- 3162 -541 -68.52 (General
Construction Fund: Other Improvement/Federal Highway
Beautification).
3. Purchase award to HD Supply Waterworks, LTD in the amount of
$55,233.00 for the purchase of 19 Hydroguard (Model HG -10)
automatic water line flushing units. Funding is available from 442-
5178 -536 -64.90 (Water & Sewer Renewal & Replacement Fund:
Machinery /Equipment/ Other Machinery/ Equipment).
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Mr. Frankel moved to approve the Consent Agenda as amended, seconded
by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray Yes; Mayor
McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion
passed with a 5 to 0 vote.
9.A. Citv Manager's response to prior public comments and inquiries.
The City Manager stated at last week's Commission meeting Marijo
Beckman expressed concern over the removal of trees and where her sidewalk is being
installed. The City Manager stated that work is being done by the Florida Department of
Transportation; it is not a City project. The City is following up with the State to see if
we can get their approval to replace some of the trees if they are not going to do it once
the sidewalk is finished.
9.8. From the Public.
9.B.1. Rick Edick, 615 North Ocean Boulevard, Delray Beach, FL 33483,
stated he was present at the last Commission meeting and distributed photographs of the
damage caused by Hurricane Sandy and the seawall at the north end of the beach. Mr.
Edick briefly spoke about the economic impact and stated this is a citywide issue. He
stated you cannot separate the environmental from the economic impact. Mr. Edick
stated the tax base will erode as the beach erodes and it is now just going to be A-1 -A and
feels there will be an economic impact on the businesses.
9.8.2. Andy Katz, Beach Property Owners' Association, 220 South Ocean
Boulevard Delrai Beach FL 33483 distributed videos the Commission that were taken
of 1 I locations along the beach starting at the south city limit going up to the north end of
the beach.
9.B.3. Jim Knight, 10 S.E. 1st Avenue, Delray Beach, FL 33444, addressed
questions the Commission had at the last meeting regarding the Old School Square
Garage space. Mr. Knight stated they have submitted a contract and Howard Canner is
interested in moving forward with the acquisition of the Old School Square Garage space.
He stated they have 70 employees and some of the people have already relocated to the
downtown area and there will be more who will be moving and living here.
9.8.4. Gail Lee McDermott, 721 S.E. 3rd Avenue, Delray _Beach, _FL 33483
(Osceola Park), stated on Friday, December 7, 2012, for the holiday boat parade that
Delray Beach partnered with Boynton Beach for the benefit of the Marine foundation for
Toys for Tots, Osceola Park residents were at the Marina with a toy chest and it grew as
the evening went on. Ms. McDermott recognized the Delray Beach P.O.P. (Problem
Oriented Policing) unit and they want to keep them and are making every effort to help
them in what they are doing. Ms. McDermott announced that Art in the Alley will be
held on February 2, 2013 and Sharon Koskoff is putting it together; the art viewing and
party will be March 2, 2013. She stated everyone is invited to take part in this whether it
is painting or cleaning an alley.
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Mr. Jacquet thanked Ms. McDermott for her leadership and thanked the
residents of Osceola Park for taking pride in their neighborhood.
9.B.5. Steve Blum, Antilles Homeowners' Association, 115 Venetian Drive
Unit "C ", Delray Beach, FL 33483, read a brief statement into the record and wished
everyone a happy holiday season.
9.B.6. Pauline Moody, 609 S.W. 8t" Avenue, Delray Beach, FL 33444,
thanked Mr. Frankel for nominating her for an award last week.
Secondly, Ms. Moody briefly expressed her concerns about the Police
Department and asked if a decision has been made for the new City Manager.
Mr. Jacquet expressed concern over Ms. Moody's comments against the
Police T",)e"' 2rfrrer4 TTP stated t',e -mell pnd 'wnrnen of tl -le Pall „'e Penartment -lit their
elves aril tale llne every may to ife p protect us. i✓xr. °�ai4Ui, state�U CUL IVUr, 1 LLe respects LvaS.
Moody's opinion, he stated after hearing multiple times the negative comments against
the Police Department he asked that Ms. Moody address it somehow other than publicly
in the meeting.
9.B.7. Christina Morrison, 2809 Florida Boulevard #207, Delray Beach, FL
33483, stated recent statements have been made at public hearings by several people that
getting building approvals in the City of Delray Beach are difficult and that our city is
hard to deal with. Ms. Morrison stated she is surprised that none of the Commission took
issues as Commissioners with this statement or refuted it. She reassured the Commission
that the Building Department is not hard to deal with and thanked the Commission for
such good leadership in the department.
At this point, the time being 7:00 p.m., the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
11. PUBLIC HEARINGS:
11.A. ORDINANCE NO. 41 -12 (SECOND READING/SECOND PUBLIC
HEARING): Consider a privately- initiated rezoning request from Planned Office Center
(POC) to Special Activities District (SAD) for Delray Place, located at the southeast
corner of Linton Boulevard and South Federal Highway. (Quasi - Judicial Hearing)
(THE APPLICANT HAS REQUESTED THIS ITEM BE POSTPONED TO THE
JANUARY 3, 2013 REGULAR MEETING)
Mr. Frankel moved to postpone Ordinance No. 41 -12 to the regular
meeting of January 3, 2013, seconded by Mr. Jacquet. Upon roll call the Commission
voted as follows: Mayor MCDuffie --- Yes; Mr. Carney — Yes; Mr. Jacquet --- Yes; Mr.
Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 5 to 0 vote.
At this point, the time being 7:04 p.m., Mr. Carney left the dais.
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I1.B. RESOLUTION NO. 58 -12 /CONTRACT FOR SALE AND
PURCHASE11040 HOMEWOOD BOULEVARD 4L201: Consider approval of
Resolution No. 58 -12, a contract for sale and purchase, authorizing the City to sell the
Neighborhood Stabilization Program (NSP) property located at 1040 Homewood
Boulevard #L201to Sebastian Bellotti for the purchase price of $45,800.00 or appraised
value.
The caption of Resolution No. 58 -12 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA,
AUTHORIZING THE CITY TO SELL REAL
PROPERTY IN PALM BEACH COUNTY, FLORIDA,
AS DESCRIBED HEREIN, HEREBY INCORPORATING
AND ACCEPTING THE CONTRACT STATING THE
TERMS AND CONDITIONS FOR THE SALE AND
PURCHASE BETWEEN THE BUYER AND THE CITY
OF DELRAY BEACH, FLORIDA.
(The official copy of Resolution No. 58 -12 is on file in the City Clerk's
office.)
Nigel Roberts, Neighborhood Services Director, stated this item is a
request for the Commission to approve the sale of the Neighborhood Stabilization
Program property located at 1040 Homewood Boulevard #L -201 to Sabastian Bellotti for
the purchase price $45,800 or appraised value. Staff recommends Commission approval
for the sale of the property in the amount of $45,800 or appraised value.
Mayor McDuffie declared the public hearing open. There being no one
from the public who wished to address the Commission, the public hearing was closed.
Mr. Frankel moved to approve Resolution No. 58 -12, seconded by Mrs.
Gray. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel —
Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes. Said motion passed with a 4 to 0 vote.
At this point, Mr. Carney returned to the dais.
11.C. RESOLUTION NO. 61 -12 1CONTRACT FOR SALE AND
PURCHASE /135 S.W. 6TH AVENUE: Consider approval of Resolution No. 61 -12, a
contract for sale and purchase, authorizing the City to sell the Neighborhood Stabilization
Program (NSP) property located at 135 S.W. 6th Avenue to Vena Poussin and Jean
Francois Alies for the purchase price of $106,950.00 or appraised value.
The caption of Resolution No. 61 -12 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA,
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AUTHORIZING THE CITY TO SELL REAL
PROPERTY IN PALM BEACH COUNTY, FLORIDA,
AS DESCRIBED HEREIN, HEREBY INCORPORATING
AND ACCEPTING THE CONTRACT STATING THE
TERMS AND CONDITIONS FOR THE SALE AND
PURCHASE BETWEEN THE BUYER AND THE CITY
OF DELRAY BEACH, FLORIDA.
(The official copy of Resolution No. 61 -12 is on file in the City Clerk's
office.)
Niegel Roberts, Neighborhood Services Director, stated this item is a
request for Commission approval to sell the Neighborhood Stabilization property located
at 135 S.W. 6t' Avenue to Vena Pous sin and Jean Francois Alies for the purchase price of
$106.450 or anrraised value Staff recn- -mends r'om3' - ,issio- ann ro -€val for the sale of the
ePrOp O ly 11-1 Ulle amount of s it 0,6,9✓jl or appra, d value.
Mayor McDuffie declared the public hearing open.
Christina Morrison, 2809 Florida Boulevard 9207, Delray Beach, FL
33483, reminded the Commission that these two properties are off the tax rolls for the
City.
There being no one from the public who wished to address the
Commission, the public hearing was closed.
Mr. Jacquet moved to approve Resolution No. 61 -12, seconded by Mrs.
Gray. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel —
Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney Yes. Said motion passed
with a 5 to 0 vote.
At this point, the time being 7:05 p.m., the Commission moved to Item
12, First Readings.
12.
FIRST READINGS:
12.A. ORDINANCE NO. 44 -12: Consider an ordinance calling for a
referendum to be held on March 12, 2013, proposing to the electorate of the City that the
City Commission be authorized to grant a property tax exemption to certain qualified
businesses pursuant to Section 3, Article VII of the State Constitution; providing for
submission of the proposed ballot question to the electors of the City; setting forth the
form of the question to be voted upon at such election. If passed, a public hearing will be
held on January 3, 2013.
The caption of Ordinance No. 44 -12 is as follows:
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office.)
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, ADOPTED
IN ACCORDANCE WITH SECTION 196.1995,
FLORIDA STATUES, CALLING FOR A
REFERENDUM TO BE HELD ON MARCH 12, 2013,
PROPOSING TO THE ELECTORATE OF THE CITY
THAT THE CITY COMMISSION BE AUTHORIZED TO
GRANT PROPERTY TAX EXEMPTION TO CERTAIN
QUALIFIED BUSINESSES PURSUANT TO SEC. 3,
ARTICLE VII OF THE STATE CONSTITUTION;
PROVIDING FOR SUBMISSION OF THE PROPOSED
BALLOT QUESTION TO THE ELECTORS OF THE
CITY; SETTING FORTH THE FORM OF THE
QUESTION TO BE VOTED UPON AT SUCH
ELECTION; PROVIDING A CONFLICTS CLAUSE, A
SEVERABILITY CLAUSE, AND AUTHORITY TO
CODIFY; PROVIDING AN EFFECTIVE DATE; AND
FOR OTHER PURPOSES.
(The official copy of Ordinance No. 44 -12 is on file in the City Clerk's
The City Attorney read the caption of the ordinance.
Vin Nolan, Economic Development Director for the Community
Redevelopment Agency (CRA), stated this ordinance has been suggested by Vice Mayor
Carney. Mr. Nolan stated there is additional research being done and he and the City
Manager are participating in a stakeholders meeting of the Business Development Board.
Mr. Nolan stated this requires a referendum and is a tool so that when a company comes
to town and the Business Development Board brings the CRA a prospect it is a tool that
they can use should the Commission choose to do so to exempt future real estate taxes
going forward but it needs to be empowered by the voters.
Mr. Carney stated having had experience on the CRA he found out that the
CRA had a lot of tools at its disposal to attract businesses. He stated there has been
discussion about trying to create jobs in the City that he wanted to provide a mechanism
and a tool whereby a business could look at this and a business could look at this as an
opportunity to create jobs. Mr. Carney stated this was a good opportunity to have the
City create the incentives and get businesses into places by where the City could also
derive the tax benefit. He stated he also saw it on the ballot in northern Palm Beach
County.
Mr. Jacquet inquired if this was on the State ballot as well. Mr. Nolan
stated it is similar to what was on the Palm Beach County ballot and was reauthorized in
the last November election. Mr. Nolan stated this is a tool that he could use at the local
level on the Commission's behalf so if someone is relocating from another place within
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Florida and the State or the County was not offering their piece of the pie the CRA could
actually do their own deal. Mr. Jacquet asked if the Commission would have any say in
crafting that particular exemption for specific businesses. Mr. Nolan stated if they use
this tool he will suggest to the Commission what may be appropriate. Mr. Jacquet asked
Mr. Nolan if this is a positive tool that can actually increase the tax base as opposed to
taking away from it. Mr. Nolan stated all that you would be exempting would be for a
narrow period of time (i.e. 5 or 7 years) the increased tax amount so if they come in
creating new space it would be forgoing the initial years taxes. Mr. Nolan confirmed that
this is a process to get it on the ballot for referendum.
Mr. Carney moved to approve Ordinance No. 44 -12 on FIRST Reading,
seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mr. Frankel
— Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet —Yes.
Said motion passed with a 5 to 0 vote.
At this point, the time being 7:11 p.m., the Commission moved to Item
10, Regular Agenda.
10. REGULAR AGENDA:
10.A.A. FY 2013 PROPOSED PERFORMANCE MEASURES /GOLF
COURSES AND TENNIS FACILITIES: Approve proposed performance measures
for FY 2013 for the Municipal Golf Course, Lakeview Golf Course, and Tennis
Facilities.
Robert A. Barcinski, Assistant City Manager, stated the Commission is
being requested to review, approve, and/or change the proposed performance measures
for FY 2013 for the Municipal Golf Course, Lakeview Golf Course, and Tennis
Facilities. Mr. Barcinski stated the performance measures that are in the budget there is
some negotiation between him and the contract. He stated this is not based on a one -year
factor and staff looks at trends. Mr. Barcinski stated the points available were based on
previous Commission determination to what was most important to them.
Mr. Carney stated he received an email today regarding the goals for the
performance standards.
Sharon Painter briefly spoke regarding the performance measures.
Mr. Frankel moved to approve the proposed performance measures for
fiscal year 2013 for the Municipal Golf Course, Lakeview Golf Course, and Tennis
Facilities, seconded by Mrs. Gray. Upon roll call the Commission voted as follows:
Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes; Mr.
Frankel Yes. Said motion passed with a 5 to 0 vote.
10.A. WAIVER REQUEST/ HYATT PLACE: Consider approval of a
waiver request from Land Development Regulations (LDR) which limits the length of
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time that a stand -alone bar may reserve a site for the Hyatt Place hotel, located at 104
Pineapple Grove Way. (Quasi- Judicial Hearing)
Mayor McDuffie read the City of Delray Beach Quasi - Judicial Hearing
rules into the record for this item and all subsequent Quasi - Judicial items.
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor McDuffie asked the Commission to disclose their ex parte
communications. Mr. Frankel stated he had no ex parte communications to disclose.
Mrs. Gray stated she had no exparte communications to disclose. Mr. Carney and Mr.
Jacquet stated they had no ex parte communications to disclose. Mayor McDuffie stated
he received calls from the agent.
Mr. Dorling stated this is a waiver request for LDR section
4.3.3(V)(20(C)(1) which allows written requests to establish a standalone bar to be valid
for a period not to exceed six (6) months. He stated this is in association with the retail
space newly constructed Hyatt Place. Mr. Dorling stated a waiver was granted to this
timeframe in 2011 which extended this timeframe to 2012 and the current approval to
create the standalone bar would expire in December of this year_ He stated the applicant
has recently entered into a lease for the space and will soon be underway with the
necessary internal renovations but will not be completed by the December 2012
timeframe and the applicant is not seeking extension to April 2013. Mr. Dorling stated
since this initial approval and extension to December no applications have been made
within 750 feet and staff believes it is reasonable to extend it to April so that they can
establish what they intended to and are underway to achieve now.
Mike Covelli, applicant, stated there is a list of documents in the Code in
Section 4.3.3 that requires you to submit the lease, the liquor license, the floor plan, and
the approved site plan. Mr. Covelli stated the site plan has been amended to
accommodate the space and all of the parking required for the space are on -site. He
stated this is not a situation where they are using off-site to park parking spaces or in -lieu
of spaces. Mr. Covelli stated the impact on the neighborhood is minimized.
Additionally, Mr. Covelli stated there is a glitch in the process in terms of the order. He
stated once you file the documents you have sixty (60) days. Mr. Covelli stated they filed
those documents and they have until February now but they cannot finish the space in
that time so they are asking for the additional sixty (60) days until April. Mr. Covelli
stated this is a wine shop with 72 self-serve machines where you can taste wines or you
can pour yourself a glass of wine and enjoy it in the shop. He stated those machines are
in excess of $100,000.
Mayor McDuffie stated if anyone from the public would like to speak in
favor or in opposition of the waiver request, to please come forward at this time. There
being no one from the public who wished to address the Commission, the public hearing
was closed.
13
12/11/12
The City Attorney briefly reviewed the Board Order with the Commission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
Mr. Carney moved to adopt the Board Order, seconded by Mrs. Gray.
Upon roll call the Commission voted as follows: Mayor McDuffie — Yes; Mr. Carney —
Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a
5 to 0 vote.
10.13. CONDITIONAL USE REQUEST /SOUTH OF ATLANTIC (SOFA)
BUILDING #1: Consider a conditional use request to allow a density in excess of 30
units per acre (62.2 du/ac proposed) for SOFA Building #1, located on the east side of
S.E. 3rd Avenue, between S.E. 1st Street and S.E. 2nd Street in conjunction with the
construction of 117 residential units within a 4 -story structure. (Quasi- Judicial Heaving)
'ia fr asked f' '"_ : 15s�1 x-, e + Os_
1VY i1 EIiIu L1L iii11111i Li ' iI.Ms -o ' 11 -r ex Pa �Lm
communications. Mr. Frankel stated he has the same ex paste communications for
10.B.1, 10.B., 10.C., and 10.C.1. spoke with the applicant, the attorney for the applicant,
he responded to a couple of emails and attended the Planning and Zoning meeting when
this item was brought up and spoke to the architect. Mrs. Gray stated she spoke to the
applicant and the attorneys as well. Mr. Carney stated he spoke to the applicant, the
attorney to the applicant, the architect for the applicant, and the real estate agent for the
applicant. Mr. Jacquet stated he had communications with the applicant the people that
they are working with the architect and their attorneys. Mayor McDuffie stated he had
communications with Mr. Handler.
Paul Dorling, ACIP, entered the Planning and Zoning Department project
file 42013 -01 into the record.
Mr. Darling stated this is to allow a density in excess of 30 units per acre
and the requested number is 62.2 units per acre for a development known as SOFA
Building #1, located on the east side of S.E. 3' d Avenue between S.E. 1" Street and S.E.
2 Street in the CBD (Central Business District). He stated the current site is occupied
by three office buildings and associated parking and is approximately 1.88 acres. Mr.
Dorling stated what is being proposed is that all of this development be demolished and
to allow construction for a new 117 unit multi - family residential rental complex on the
site. Mr. Dorling stated density in excess of 30 units per acre is allowed in the CBD is
allowed as a conditional use.
At its meeting of November 19, 2012, the Planning and Zoning Board held
a public hearing and there was testimony from the public all of it in support of the
project. Mr. Dorling stated after significant discussion, the Board recommended approval
with a 5 to 0 vote. Staff recommends approval subject to the conditions listed on page
two of the staff report.
14
12/11/12
Mr. Jacquet clarified that there is no request for height extension and that
they are within the height limit. Mr. Dorling stated this waiver request is just for the
density. Mr. Dorling stated in association with this there is a waiver that is also part of
this item as a sub -item and that waiver is to Section 4.79(i) to allow an increase in the
percentage of one - bedroom units in a project to exceed 30% maximum allowed and this
request is proposing 46.41% of the units that will one - bedroom or less for this 117 multi-
family residential development. Staff recommends denial of this waiver because they
believe that the number of efficiencies in one - bedrooms is too high and although staff
supports the project they believe it should be a bigger mix particularly as it relates to
workforce housing. Mr. Dorling stated a similar waiver is requested for Sofa Building 42
and the recently approved Atlantic PIaza had in its unit count 221 one - bedroom or
efficiency units.
Mr. Dorling stated the Planning and Zoning Board discussed the site plan
at length and recommended approval with a 5 to 0 vote. Staff recommends denial or as
an alternate waiver staff recommends approval with a maximum of 50% of the units
being allowed to be one - bedroom or less and therefore requiring more two - bedroom
units.
Henry Handler, representing the applicant from the Law Firm of
Weiss, Handler and Cornwell, P.A., 2255 Glades Road, Boca Raton, asked if the
applicants make a presentation on both buildings and if the public can comment on both
buildings for economic purposes rather than come back and forth to the podium. Mr.
Handler asked if they can make one presentation addressing SOFA Building #1 & #2 and
allowing the public to comment on them simultaneously.
Mr. Dorling stated SOFA Building 42 is a total of 55 units are located
west of SOFA Building #1 was proposed. He stated it is a .85 acre site and it will consist
of a 97 space first floor parking garage and parallel parking along 2nd and residential
units on the 2'd, 3`d, and 4th levels for a total of 55 units. He stated it will also 'include the
installation of an amenity deck with extensive planting materials, trellis area, spa, shallow
water feature, fire pits, outdoor dining areas, barbeques, fitness exercise room, clubhouse,
children's rooms, and restrooms all of these features located on the second floor. Mr.
Dorling stated it does include a waiver to the total of one - bedroom units and any
qualifying project to exceed the 30% they wish to exceed it up to 54.5 %. Staff
recommends approval of the project; however, they have concerns as it relates to one -
bedroom and efficiency units in the overall makeup of the project.
At its meeting of November 19, 2012, the Planning and Zoning Board
considered this item and there was significant testimony all in support of the project and
increased density. The Board recommended approval of both the project and the
associated waiver to establish a density of 64.7 density units per acre. Staff recommends
approval of the project subject to the conditions A -H contained on page two of the
backup material.
15
12/11/12
At this point, Mr. Dorling entered the Planning and Zoning Department
project file #2013 -03 for SOFA Building 42.
Mr. Handler stated they are doing this jointly because this community
shares an architectural design and amenities on -site management and leasing program
that will unite the sister buildings into one community which they believe will have a
significant role in contributing to the vibrancy which the City and the neighbors would
love to see in the south of Atlantic area. Mr. Handler quoted parts of the Downtown
Master Plan. He stated this request is asking to approve density for SOFA Building #1 of
62.2 dwelling units per acre and for SOFA Building 42 a density of 64.7 dwelling units
per acre and the percentage of single - family bedrooms to two bedrooms of SOFA
Building 41 to be 50% and for SOFA Building 42 to be 54.5 %. Mr. Handler distributed
copies a study of the Delray Market area to the Commission and the City Clerk. He
pointed out page three of the Executive Summary. Mr. Handler stated the table shows
¢1,,at ,�vtti in tl'P l Ply av S_ �)? irpr aze 'W o-+ na Xar acPrIts th p 0?11 u ?t TfPCC3,nn?
A[ {aAAGLge rental 'VYJ' { ;{fp y'y,y {R?Y.Y AkA downtown Ju'i.l{U�' GLiiIA 1i viYay 1i�.CY.'vti 1iGL3 a UL11 E3i ri�i1Y,[Ll
community choices and renters who want to live in Delray Beach must look outside of
the downtown area for opportunities to rent in a professional manner rental community.
Mr. Handler stated 27% of the projects offering units in the downtown target area are
one - bedroom units while 54% offered are two - bedroom units and 18% are three - bedroom
units. He stated the study shows that there is a lack of studio and one - bedroom
apartments. Mr. Handler stated this is consistent with the demographics that are being
reported nationwide. He referenced an article in the Sun- Sentinel talked about a profile
of Florida households and stated according to the census bureau was that will a smaller
household size we are probably going to find that households are going to need and want
a smaller dwelling unit or apartment. Mr. Handler stated research both on the national
and regional level that the apartment boom is fielded by a demographic change not by a
diminishing number of foreclosures. He stated there is a substantial need for one-
bedrooms and studios which will not create a specific grant or privilege to the SOFA
product.
Richard Jones, Richard Jones Architecture, Inc. 10 S.E. 1st Avenue,
Delray Beach, FL 33444, gave a brief PowerPoint presentation regarding the project.
Mr. Jones stated the SOFA Building #2 project is on site of the former Atlantic Shores
project. He stated all of these prior approvals came with conditional use for density and
height; however, they are here this evening to discuss density. Mr. Jones stated this
section of our city has become a downtown bypass and becomes a parking lot for Atlantic
Avenue at night and activity in this area at night is little to be desired and this entire
section of town is in need revitalization. He stated there are three projects in the
neighborhood that have been through SPRAB in 2012 some of which have started
construction. Mr. Jones stated the developer has committed to paying for all the
improvements of new on -site parking, new lighting on the right -of -way, new lighting in
the alley, and new sidewalks. He briefly explained the architecture and elevations. Mr.
Jones stated the studios do not qualify for workforce housing. Mr. Jones stated right now
there is a disconnect to Osceola Park and they would like to bring some vibrancy and
safer conditions to the downtown. He stated they would like people to be able from
16
12/11/12
Osceola Park to Atlantic Avenue at night. Mr. Jones stated the project provides for 172
units that will face the right -of -ways but facing the alleys as well and they will also be
bicycle friendly.
Mayor McDuffie stated if anyone from the public would like to speak in
favor or in opposition of the conditional use for SOFA Building 41 or SOFA Building #2,
to please come forward at this time.
The City Attorney clarified that this is on the conditional use and the
waiver request for SOFA Building #1 and SOFA Building 92.
Mr. Blum, Antilles Homeowners' Association, 11.5 Venetian Drive
Unit "C ", DelrM Beach, FL 33483, stated this project will get approved, built, and be
fully functioning and completely rented before Atlantic Plaza gets out of the court
system. Mr. Blum stated it is good for Delray Beach and cleans up a bad area next to the
railroad tracks. Mr. Blum stated the following four reasons to why he supports this
project: (1) it will be a magnet for future growth in this area; (2) it is good for the
citizens of Delray and pedestrians will be able to walk north to the restaurants and shops
on Atlantic Avenue without fearing for their safety, (3) it will be in no way causing a
parking problem or any extra traffic congestion, and (4) good for the developer for they
will win praise for their willingness to invest in such a helpful way.
.Tim Smith 1225 South Ocean Boulevard 9202 Delray Beach FL
33483, thanked the City Manager and Mayor McDuffie for their years of service. Mr.
Smith stated as S.A.F.E. Chairman he thanked the Mayor, City Commission, Vin Nolan,
the CRA, and the Chamber of Commerce for their assistance in bringing smart
development and good jobs to Delray Beach. He stated they will be the first with a
shared use bicycle program so that renters will have a bicycle at their disposal, inside
bicycle storage, unbundling the parking from the rent so that if you do not own a car you
pay less rent, explore a shared use car program for when a couple who has a car and the
other spouse needs a car they can rent a car for an hour a day.
Michelle Mankoff, 218 S.E. 4th Avenue, Delray Beach, FL 33483,
stated she is very excited about this project and commented about safety and would like
to bring it up to date. Ms. Mankoff stated she loves her charming house and is grateful
for the grant that has been given to Osceola. She feels this will bring life to the area in an
undesirable area since they are on the railroad tracks.
Mathew Sheridan, lives in Atlantic Grove, stated this project would be
very beneficial for the City and fully supports.
Howard Kanter, 101 Pu liese Way, Delray Beach FL echoed
comments expressed by Mr. Sheridan and commented specifically about the waiver
request. Mr. Kanter stated he employs 70 people in downtown Delray and a large
majority of them are single and/or married without children and they have informed him
it is very difficult to find either studio or one - bedroom apartments in downtown Delray.
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12/11/12
Carol Earl, resident of DelrayMoca since 1970, feels that the City
should change this area that has been an eyesore and make it more like Atlantic Avenue
and a viable part of the City.
Shawn Casper, 10 N.E. 2 Street Delra Beach FL local real estate
agent), stated there is an abundance of retail /restaurant and office space in Delray but a
lack of apartment housing south of Atlantic Avenue. He supports this project and urged
the Commission to approve.
Marly, stated lives in downtown Delray (did not state last name or
address for the record and did not sign in), stated she is a teacher and as a young
professional she wants to live in a place that is fun and safe but also making sure that she
is living somewhere affordable.
Gail 1 ?ee 4cDe ° ott 721 S E.. 3 "d - ,e�R�e De? ° v Pe hry X11 ��483
£a as ec aws apex w.A >� m . he e f t"—L a— eUt to $w,® or. rr (a 5-, - -1-,r on xms —
QYy bYV ip3C6 k dY.Y kT�]q re a UY %'vY SLCY L4�YYYw�YYY, li1LYl LYl'v r�i.�i:k af1Ci J aLtJid lYY 31'vY opinion, LYIla Y0
urged the Commission to approve this smart growth and increased density and the waiver
of the SOFA Building because it is a good transition between Osceola Park and Atlantic
Avenue.
Kevin Homer, 319 S.E. 3 "d Avenue, Delray Beach, FL 33483 (Osceola
Park ), supports this project and stated this area needs to be cleaned up. He urged the
Commission to approve this project.
Peggy Keller, 729 S.E. 3rd Avenue, Delray _Beach, FL 33483, supports
this project.
Samantha, 7'h Avenue, Defray-Beach, FL 33483 (last name and
address unknown), stated the project will help her and her girlfriends to be able to walk
along the street because it is currently a little dangerous to walk back and forth. She is
excited that there will be more activity downtown.
Justin Cain, supports the project and feels it is great for the City of
Delray Beach.
Dorcas Lucien, business owner in Delray Beach, FL, stated the project
would be good for the community and will create jobs and it will be safer.
Albert Jerome, owns a grocery store in Delray Beach, feels this project
is going to be great and noted that currently he has to close early every night because of
the insecurity in the area. He invited the Commission to an event.
Jim. Knight, 10 S.E. 1st Avenue, Delray Beach, FL, stated this is an
exciting project and he looks forward to seeing the Osceola community and the Haitian
community working together.
18
12/11/12
Lisa Ouillien, 925 S.E. 2n1 Avenue Delra Beach FL 33483 expressed
concern over the negative problems in this area relating to crime and stated that they
called upon the Police and Code Enforcement every day. Mrs. Quillien stated there are
plenty of single- family homes and two - bedroom apartments and feels these single
apartments help people "fall in love" with Delray Beach.
Deb Sullivan, 1002 Lakeshore Drive and representing Kevro's Art
Bar, 166 S.E. 2nd Avenue, Delray Beach, stated they support the project and reminded
everyone that prior to it being SOFA there was a plan called Atlantic Shores that had
received site plan approval. She stated this past Thursday she had the opportunity to tour
some tech people around the south side neighborhood who are looking to make a capital
investment and bring some jobs south side as well. One of the tours they mentioned
during this tour was the vacant land because they felt it was a stop gap and it gave the
perception of "blight ". Ms. Sullivan stated she and others have admired the City
Manager for his professionalism and follow -up skills and noted he will be missed.
Kevin Rouse. Kevro's Art Bar, 1002 Lakeshore Drive, Delrav Beach,
FL 33444 (home address), fully supports this project. Mr. Rouse stated at the last
meeting he submitted signatures of several business owners in his neighborhood and
entered into the record a few more signatures. He thanked Mayor McDuffie and the City
Manager for their service to the city.
James Quillien, 925 S.E. 2nd Avenue, Delray Beach, FL_ 33483
wholeheartedly supports this project.
Jeremy Olsher, 2435 S.W. 22nd Avenue, Delray Beach, FL 33445 (real
estate broker), stated he has plenty of people looking for one - bedroom apartments in the
downtown area and he cannot accommodate them. Mr. Olsher stated this project is very
impressive to him and he likes how this is a "green" project and a rental project.
Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane #2110,_ Delray
Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray
_Beach and Member of the Alliance), stated this project is developed and presented
properly and the residents are also support it.
There being no one else from the public who wished to address the
Commission regarding the conditional use, the public hearing was closed.
Delray Beach.
applicant.
Mr. Jacquet stated this is an example of how we should do business in
The City Attorney asked if there is any rebuttal from City staff or the
19
12/11/12
Paul Dorling, AICP, Director of Planning and Zoning, stated he has been
having meetings with people that want to develop property in town and he is seeing is
projects that are really slighted to providing efficiencies and one- bcdrooms.
Mr. 3acquet reiterated that he is in full support of this in granting the
waiver because he feels we need this in the community and it sets an example.
Mr. Handler stated they presented substantial competent evidence that
there is a need now that is not being met with regard to efficiencies and one - bedroom
units in the consulting report and as of right now there is a need that is going to be
satisfied only in part by this worthy project.
The City Attorney stated the Commission declared their ex parte
communication for Item 10.B. and 103.1 and confirmed that their ex parte
com- mmnicatior�s is the ea P f'?r both 10.C. and 10.C.1
At this point, a representative from the Related Group stated they are
committed to making this project successful.
Mr. Frankel stated everyone spoke in favor and no one spoke against the
project. Mr. Frankel stated that Mr. Kanter is correct that with regard to the studio
apartments there are a great deal of single people who do not need a large amount of
space. Mr. Frankel stated this is an ideal project and fully supports it.
Mrs. Gray stated this project helps serve one of the City's concerns to try
and create a sustainable downtown year -round and it also will help take care of the fact
that we are going to be attracting more young professionals and secondary education.
Mrs. Gray stated this is a great project that will not only add to our tax base but will also
create jobs and she supports it.
Mr. Carney stated when he met with the Related Group and then later with
Mr. Handler they both stated that this would be a project that Delray Beach would be
proud of. Mr. Carney stated they have done exactly what they have said they were going
to do and supports this project.
Mayor McDuffie stated he was born and raised in Osceola Park and stated
he got on the Commission about six (6) years ago and at the Goal Setting sessions he has
asked that the City get something in that area to light this area up. He commended the
people in Osceola Park for helping rebuild this community and this project will connect
Osceola Park with Atlantic Avenue. Mayor McDuffie stated he supports this project
100 %.
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).
20
12/11/12
Mr. Jacquet moved to adopt the Board Order as presented, seconded by
Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Carney Yes; Mr.
Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes. Said
motion passed with a 5 to 0 vote.
10.B.1. WAIVER RE VEST /SOUTH OF ATLANTIC SOFA BUILDING
#L• Consider a request for waiver to Land Development Regulations (LDR) Section
4.7.9(i), "Family Workforce Housing ", to allow an increase in the percentage of one
bedroom units in the project to exceed the 30% maximum allowed (56.41 % proposed) for
SOFA Building 41, located on the east side of S.E. 3rd Avenue, between S.E. 1st Street
and S.E. 2nd Street. (Quasi- Judicial Hearing)
Mr. Jacquet moved to adopt the Board Order approving the waiver request
for SOFA Building #1, seconded by Mrs. Gray. Upon roll call the Commission voted as
follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Mayor MCDuffie — Yes; Mr. Carney —
Yes. Said motion passed with a 5 to 0 vote.
10.C. CONDITIONAL USE REQUEST /SOUTH OF ATLANTIC (SOFA)
BUILDING 92: Consider approval of a conditional use request to Land Development
Regulations (LDR) Section 4.4.13(I), "Performance Standards ", to allow a density in
excess of 30 units per acre (64.7 du/ac proposed) for SOFA Building 42, located on the
west side of S.E. 2nd Avenue, between S.E. 1st Street and S.E. 2nd Street in conjunction
with the construction of 55 residential units within a 4 -story structure. (Quasi- Judicial
Hearing)
Mr. Frankel moved to adopt the Board Order approving the conditional
use request for SOFA Building #2 subject to the conditions a -h set forth in Exhibit "A"
attached to the Board Order, seconded by Mr. Jacquet. Upon roll call the Commission
voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr.
Carney Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote.
10.C.1. WAIVER REQUEST /SOUTH OF ATLANTIC (SOFA) BUILDING
#2: Consider a waiver request to Land Development Regulations (LDR) Section 4.7.9(i),
"Family Workforce Housing ", to allow an increase in the percentage of one bedroom
units over the maximum of 30% allowed (54.5% proposed) for SOFA Building #2,
located on the west side of S.E. 2nd Avenue, south of S.E. 1st Street. (Quasi- Judicial
Hearing)
Mr. Jacquet moved to adopt the Board Order approving the waiver request
for SOFA Building 42, seconded by Mr. Frankel. Upon roll call the Commission voted
as follows: Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet —
Yes; Mr. Frankel Yes. Said motion passed with a 5 to 0 vote.
10.D. WAIVER REQUEST/ 1240 SEASPRAY AVENUE: Consider approval
of a waiver request to Land Development Regulations (LDR) Section 4.6.14(B)(1),
"Sight Visibility Triangle Measurements, Driveway Intersecting Street or Alley ", to
21
12/11/12
allow a seven foot (7') reduction of the minimum ten foot (10') sight visibility triangle
requirement within the North Beach Overlay District for the Barbara Residence located at
1240 Seaspray Avenue. (Quasi - Judicial Hearing)
Mayor McDuffie asked the Commission to disclose their ex parte
communication. The Commission had no ex parte communications to disclose.
Paul Dorling, AICP, Director of Planning and Zoning, entered the
Planning and Zoning Department project file #2013 -016 into the record.
Mr. Dorling stated this is a waiver to reduce the required site visibility
triangle from 10 feet to 3 feet for a clear line of site on both sides of the proposed two
access points to a single family development proposed at 1240 Seaspray Avenue for a
two -story single family residence within the North Beach Overlay District. He stated the
fndincs for LDR Section 2.4.7(M(5) are made in the staff re or¢. Mr. Dorlinc, stated is
noieu -nat thus is a resilde :Ian st.CCI ars "Wi IS 1110, «" Ue >R iUcTiCU SO Wade ' NxIw
vehicle gets out to the road it does have the required ten (10) feet but because the code
requires it to be measured from the property line it does not meet the requirements and
needs a waiver.
At its meeting of November 28, 2012, the Site Plan Review and
Appearance Board (SPRAB) considered this item and approved the request waiver to the
10 foot sigh visibility triangle.
Andrew Overmyer, 6115 Francis Street, Jupiter, FL 33458 (Parker
United Design Group), applicant_, stated he is present for any questions the Commission
may have.
Mayor McDuffie stated if anyone from the public would like to speak in
favor or in opposition of the waiver request, to please come forward at this time. There
being no one from the public who wished to address the Commission, the public hearing
was closed.
There was no rebuttal or cross - examination.
Mr. Carney confirmed that this is one of those streets where the yard goes
out beyond the property line and they are not going to be widening the road. Staff stated
Mr. Carney is correct.
Mr. Frankel stated he has no objection.
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).
22
12/11/12
Mrs. Gray moved to adopt the Board Order as presented approving the
waiver request, seconded by Mr. Carney. Upon roll call the Commission voted as
follows: Mayor McDuff e — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel —
Yes; Mrs. Gray — Yes. Said motion passed with a 5 to 0 vote.
10.E. CONDITIONAL USE REQUEST /OCEAN CITY PROPERTIES,
LTD.: Consider approval of a conditional use request to convert 10,800 sq. ft. of
existing retail space to a 3,550 sq. ft. full service restaurant and bar with a 7,250 sq. ft.
bowling alley with eight (8) lanes, located within the Ocean City Lumber Complex at
N.E. 2nd Avenue, between East Atlantic Avenue and N.E. 1st Street. (Quasi- Judicial
Hearing)
Mayor McDuffie asked the Commission to disclose their ex parte
communications. Mr. Frankel stated months ago he spoke with the applicant about this
project and he showed him the plans.
Paul Dorling, AICP, Director of Planning and Zoning, entered the
Planning and Zoning Department project file #2012 -196 into the record.
Mr. Dorling stated this is a conditional use request to convert 10,800
square feet of existing retail space into a 3,550 square foot full service restaurant and bar
and a 7,250 square foot bowling alley with eight (8) lanes. He stated this is within the
Ocean City development located at the southeast corner of 15# Street and N.E. 2nd Avenue
(Pineapple Grove Way). Mr. Dorling stated this is north of the existing House of Siam
restaurant. The applicant will occupy the entire building with the conditional use. Mr.
Dorling stated it will have operating hours from 11:00 a.m. — 2:00 p.m. seven (7) days a
week and a seating capacity restaurant will be 160 people and it will employ 15
employees working three shifts to accommodate lunch, diner, late night dinner, and
bowling. The site will utilize the existing parking surplus for the site of 22 spaces and the
conversion of use requires 15. Mr. Dorling stated staff has confirmation that they can
utilize those spaces leaving a parking surplus of seven (7) spaces.
At its meeting of November 19, 2012, the Planning and Zoning Board
considered the conditional use request for the Downtown Bowling and recommended
approval.
Mr. Dorling stated the applicant has submitted revised plans addressing
many of these comments but since staff has not fully reviewed those plans he requested
that the Commission adopts it subject to all of these conditions.
Steven Dapuzzo, Downtown Bowling Protect, briefly reviewed the
project and stated this is geared toward businesses, families, and at night a little more of
an adult environment. Mr. Dapuzzo stated the facility is going to be 10,800 square feet
with full service restaurant.
23
12/11/12
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.
Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane 92110, Delray
Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray
Beach and Member of the Alliance), stated he was at the Planning and Zoning meeting
and supports the project because it will give us more entertainment. However, Dr. Kirson
stated he does not like the restriction and feels the reasons given at the Planning and
Zoning Board meeting have no merit.
Howard Kanter, 101 Pualiese Way, Delray Beach, FL, stated his office
is across the street from this building with over 70 employees and he fully supports the
project_ Mr. Kanter stated currently in the downtown there are only restaurants and bars
and this will provide another avenue for them to enjoy downtown Delray Beach. Also,
Mr. Kanter stated he does not sPe ar,4v do-xinside into havi -nQ a bar ve&sta1. ore the outside
vecause ne reefs lE. 4';Y�lYl Urflng 34�,iVL Lr all3w L- ILL - area.
Steve Blum, Antilles Homeowners' Association, 115 Venetian Drive
Unit "C ", Delray Beach, FL 33483, stated he attended the Planning and Zoning meeting
as well and concurs with comments expressed by Dr. Kirson. Mr. Blum stated he would
like to see even more lanes.
There being no one else from the public who wished to address the
Commission regarding the conditional use, the public hearing was closed.
Mr. Dorling briefly discussed his concerns with the bar.
The City Manager stated this will have to go before SPRAB.
Brief discussion between the applicant and the Commission ensued.
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).
It was the consensus of the Commission to remove condition #5 on
Exhibit "A ".
Mr. Frankel moved to adopt the Board Order as presented (removing
condition #5 from Exhibit "A "), seconded by Mr. Jacquet. Upon roll call the
Commission voted as follows: Mr. Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes;
Mrs. Gray — Yes; Mayor McDuffie — Yes. Said motion passed with a 5 to 0 vote.
10.F. AUTHORIZE CONTRACT NEGOTIATIONS FOR A NEW CITY
MANAGER: Consider authorizing the City Attorney to enter into contract negotiations
with the Commission's first choice for the new City Manager.
24
12/11/12
Mr. Frankel made a few brief reasons for his vote and stated he supports
Mr. Smith.
Mr. Jacquet made a few brief reasons for his vote and stated he supports
Mr. Chapman.
Mr. Carney stated both candidates are very good and gave a few brief
reasons for his support of Mr. Chapman.
Mrs. Gray stated she is still in support of Mr. Chapman.
Mayor McDuffie briefly discussed the hiring process.
The City Manager stated he will support whoever is chosen but he
respectfully disagrees with Mr. Chapman and he supports Mr. Smith.
Mrs. Gray moved to authorize the City Attorney to begin contract
negotiations as soon as possible with Louie Chapman for the new City Manager,
seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mr. Jacquet
— Yes; Mr. Frankel No; Mrs. Gray — Yes; Mayor McDuffie — No; Mr. Carney — Yes.
Said motion passed with a 3 to 2 vote, Commissioner Frankel and Mayor McDuffie.
At this point, the time being 9:48 p.m., Commissioner Jacquet left the
dais.
IO.G. PROPOSED SPONSORSHIP/ CLEVELAND
CLINICANTERNATIONAL TENNIS CHAMPIONSHIPS AND CHAMPIONS
TOUR: Consider approval of a proposed two (2) year sponsorship arrangement between
the City and Cleveland Clinic for the Delray Beach International Tennis Championships
and Champions Tour.
Robert A. Barcinski, Assistant City Manager, stated this is a request for
the Commission to approve a revised proposed two (2) year sponsorship agreement
between the City of Delray Beach and the Cleveland Clinic for the International Tennis
Championships and Champions Tour. Mr. Barcinski stated as part of this there is a
medical services agreement and Mr. Baron was willing to allow that to be part of this in
order for the City to get some sort of sponsorship. Mr. Barcinski stated what is now
being offered is a cash barter; the first part is $25,000 cash; $13,000, $30,000 and
$14,000 and the second half is for the medical services. He stated based on those
numbers after payment of the 20% commission to IMG; 5% of the balance to Match
Point per the agreement and to provide a tent for the Delray Affair ($500). The balance
left for the City net in fiscal year 2013 would be $18,500 and in fiscal year 2014 would
$22,300. Mr. Barcinski stated staff recommends approval of this proposed sponsorship
agreement as presented contingent on the final acceptance by Cleveland Clinic, Match
Point, and the City Attorney and if approved with those conditions formal agreements
will be brought back to the Commission in January.
25
12/11/12
Mr. Barcinski stated Mr. Baron needs an answer by tomorrow.
Mr. Carney stated he feels it is too low.
Mr. Frankel stated he too feels it is too low.
Mrs. Gray stated she feels it is too low.
Mr. Frankel moved to approve the proposed two (2) year sponsorship
agreement between the City of Delray Beach and the Cleveland Clinic for the Delray
Beach International Tennis Championships and Champions Tour, seconded by Mr.
Carney. Upon roll call the Commission voted as follows: Mr. Frankel — No; Mrs. Gray —
No; Mayor McDuffie — No; Mr. Carney — No. Said motion was DENIED with a 4 to 0
vote.
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specific program guidelines for economic development incentive programs funded
through the City budget and the Delray Beach Economic Development Fund.
The caption of Resolution No. 62 -12 is as follows:
A RESOLUTION OF THE CITY OF DELRAY BEACH
RECOGNIZING THE IMPORTANCE OF ECONOMIC
DEVELOPMENT AND ECONOMIC DEVELOPMENT
INCENTIVES TO THE FINANCIAL STABILITY OF
THE CITY APPROVING AN ECONOMIC
DEVELOPMENT INCENTIVES POLICY FOR THE
CITY OF DELRAY BEACH PROVIDING FOR
SEVERABILITY PROVIDING FOR REPEALER
PROVIDING AN EFFECTIVE DATE.
(The official copy of Resolution No. 62 -12 is on file in the City Clerk's
office.)
Vin Nolan, Economic Development Director with the Community
Redevelopment Agency (CRA), stated if this resolution is adopted this evening it would
codify some actual programs to spend the money which the Commission authorized in
the fiscal year 2012 -13 for economic development incentives. Mr. Nolan explained two
programs; a rent assistance program and a job creation program. He stated these
programs will provide rent assistance for companies that take long term rental of office
space and it will funded over multiple years. Mr. Nolan stated the job creation assistance
program is more of a one -time grant style program based on the number of new jobs
created and there is more flexibility that with allow the CRA to do some things for local
companies looking to expand.
26
12/11/12
Mrs. Gray asked with regard to the job creation portion how would Mr.
Nolan actually track how long they would actually keep the employees. In response, Mr.
Nolan stated there is a system they are hoping to put in place soon that he and Nigel
Roberts are working on and there is a software program that will allow them to track the
commitments that have been made and automatically generate recording requirements
back from the companies that will report to them.
Mr. Carney stated he is very happy to see this as it relates to in -town
businesses. He stated some of the other programs which we do allow for new businesses
coming into town but that we also expand that to encourage our local businesses.
Mr. Frankel moved to approve Resolution No. 62 -12, seconded by Mrs.
Gray. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor
McDuffie — Yes; Mr. Carney Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion
passed with a 5 to 0 vote.
10.1. WRITE -OFF SPECIAL EVENTS DEBT: Consider approval of write
offs in the amount of $51,137.71 owed to the City for various Special Events.
Robert A. Barcinski, Assistant City Manager, stated this is a request to
consider approval of write -offs of amounts owed debt for events that happened some time
ago. Mr. Barcinski stated staff provided a list of those events, contact, the amount, the
date the event was held, and the date staff first invoiced. He stated staff made numerous
attempts to collect this debt.
on the Board.
Mrs. Gray commented about the Roots Cultural and stated is not currently
Mayor McDuffie asked who Delray Beach entertainment is.
Mr. Frankel moved to approve the write -off amount of $51,137.71 owed
to the City for various special events, seconded by Mrs. Gray. Upon roll call the
Commission voted as follows: Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet —
Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 5 to 0 vote.
10.J. OFFER OF SETTLEMENT IN LANDMARK ADVERTISING,_LLC.
v. CITY OF DELRAY BEACH: Consider an Offer of Settlement in Landmark
Advertising LLC. v. City of Delray Beach. Staff recommends denial.
The City Attorney stated this is a case where the City has been served with
a lawsuit and the claim involved the claim that the applicant had filed two applications
for two billboards and those were denied. At this time, the City Attorney stated staff does
not feel that there is an issue with the City's sign code. The City Attorney stated the
applicant has provided a settlement agreement which they have made some modifications
to that based on comments that he returned back to them. The City Attorney stated the
biggest part of the settlement agreement is that they would be allowed to put up two
billboards the same size and style of what is on I -95 in Delray now. He stated the
27
12/11/12
applicant would pay the City $75,000 in settlement of this matter for each location. The
City Attorney stated staff recommends denial of this because they do not feel there is any
issue with the City's sign code; however, he cannot be 100% certain that the City would
prevail.
Michael Weiner, Attorney with Weiner, Lynne and Thompson, P.A.,
10 S.E. 1St Avenue Delra Beach FL 33444 representing the applicant stated there
are few opportunities for signs left and these are the last two that are commercially
available. Mr. Weiner stated the applicant is offering $100,000 per permit for the signs.
Wade Johnson, Landmark Advertising, LLC, 4255 Tidewater Drive,
Orlando, FL 32812, stated there are only two more viable locations remaining on 1 -95 in
Delray Beach and there are currently eight signs in Delray Beach on I -95. Mr. Johnson
stated Landmark is looking to obtain permits to build the last two buildable locations and
the a.vulicant n-aid the city $1001, 00 for each of those Nuo n?ermRs, lie stated t ese
^a�t�oaas are quaiaty s suet =.gyres.
Mr. Frankel agrees with the City Attorney to deny the settlement proposal.
Mrs. Gray supports the City Attorney as well.
The City Attorney stated the settlement is modified to $100,000.
Mr. Frankel moved to approve the Offer of Settlement, seconded by Mr.
Carney. Upon roll call the Commission voted as follows: Mr. Carney — No; Mr. Jacquet
— No; Mr. Frankel — No; Mrs. Gray — No; Mayor McDuffie — No. Said motion was
DENIED with a 5 to 0 vote.
10.K. REVISED GENERAL EMPLOYEES INVESTMENT POLICY
GUIDELINES: Consider approval of a revised General Employees Investment Policy
Guidelines. (ADDENDUM)
The City Attorney stated the General Employees' Pension Board had a
meeting on Thursday morning where the Board adopted a policy and it is not really
changing what they currently allow other money managers to do; this allows a new
money manager to have the same requirements as another fixed money manager.
Mr. Carney moved to approve the revised General Employees Investment
Policy Guidelines, seconded by Mr. Frankel. Upon roll call the Commission voted as
follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie —
Yes; Mr. Carney — Yes. Said motion passed with a 5 to 0 vote.
10.L. BID AWARD/ELEV8 SPORTS INSTITUTE: Consider approval of a
bid award to ELEV8 Sports Institute in the amount of $38,400.00 for the annual
landscape maintenance of three (3) ballfields at Pompey Park. Funding is available from
001 - 4131 -572 -34.90 (General Fund: Other Contractual Service. (ADDENDUM)
28
12/11/12
Linda Karch, Director of Parks and Recreation, stated this is a request for
consideration of the approval of bid award to ELEV8 Sports Institute in the amount of
$38,400.00 for the annual landscape maintenance of the three (3) ballfields at Pompey
Park. Ms. Karch stated the bid award is for the annual landscape maintenance contract
which includes infield repairs, lip repair of the infields, and the cost of clay and sod
replacement. Two companies submitted bids on September 25, 2012; ELEV8 Sports
Institute quoted $38,400.00 and Sports Turf One, Inc. who currently maintain the fields,
quoted $48,047.72. Staff recommends the annual landscape maintenance contract to the
low bidder ELEV8 Sports Institute.
Mrs. Gray moved to approve the bid award to ELEV8 Sports Institute in
the amount of $38,400.00 for the annual landscape maintenance of three (3) ballfields at
Pompey Park, seconded by Mr. Frankel. Upon roll call the Commission voted as
follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuff e — Yes; Mr. Carney
Yes; Mr. 3acquet — Yes. Said motion passed with a 5 to 0 vote.
At this point, the Commission moved to Item 13, Comments and
Inquiries on Non- Agenda Items from the City Manager, City Attorney and City
Commission.
13. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS.
B.A. City Manager
The City Manager stated with regard to contract negotiations for the new
City Manager he expects that the Commission will hold a special meeting possibly even
more than one as the process proceeds.
13.5. City Attornev
The City Attorney had no comments or inquiries on non.- agenda items.
B.C. City Commission
B.C.I. Mr. Jacquet
Mr. 7acquet had no comments or inquiries on non- agenda items.
13.C.2. Mr. Carney
Mr. Carney
Mr. Carney stated it is very important that the Commission give their input
with regard to the City Manager's contract.
29
12/11/12
The City Attorney asked for direction regarding the negotiations of the
City Manager's contract. It was the consensus of the Commission that before presenting
Mr. Chapman with a contract that the Commission has dialogue prior to holding a
Workshop meeting.
Secondly, Mr. Carney acknowledged Margie Walden with the Alliance of
Delray who won the 2012 MVP for the Palm Beach County Sports Commission for
bringing $9 million worth of sporting events to Delray Beach.
13.C.3. Mrs. Gray
Mrs. Gray congratulated Margie Walden and stated she has brought all
kinds of Sports to the City last year (i.e. lacrosse and netball). Mrs. Gray stated there was
a national Net Ball Tournament held this weekend at Pompey Park and all the
??Merl?.- tonal YATere here.
Mrs. Gray thanked the Commission for their support on the Economic
Development Board. The City Attorney suggested that this be placed on a Workshop
meeting and the Commission can decide if they would like it more formalized like an
ordinance or resolution.
13.C.4. Mr. Frankel
Mr. Frankel commented about the Menorah Lighting and thanked Scott
Porten for the great job he did, Andre Fladell for organizing the program, and the City
Commission and City staff.
13.C.5. Mayor McDuffie
Mayor McDuffie had no comments or inquiries on non - agenda items_
There being no further business, Mayor McDuffie declared the meeting
adjourned at 10:24 p.m.
ATTEST:
MAYOR
City Clerk
30
12/11/12
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the Minutes of the Regular City Commission Meeting held
on December 11, 2012, which Minutes were formally approved and adopted by the City
Commission on February 5, 2013
City Clerk
NOTE TO READER:
If the Minutes you have received are not completed as indicated above, this means they
are not the official Minutes of the City Commission. They will become the official
Minutes only after review and approval which may involve some amendments, additions
or deletions as set forth above.
31
12/11/12
2012.
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
ORDER OF THE CITY COMMISSION
OF THE. CITY OF DELRAY BEACH, FLORIDA
WAIVER REQUEST FOR HYATT PLACE
This waiver request came before the City Commission on December 11,
2. The Applicant and City staff presented documentary evidence and
testitnony to the City Commission pertaining to the waiver request for Hyatt Place_ All of
the evidence is a part of the record. in this case. Required findings are made in
accordance with Subsection 1.
I. WAIVER: 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;
(b) Shall not significantly diminish. the provision of public facilities;
(c) Shall not create an unsafe situation; and,
(d) Does not result; in the grant of a special privilege in that the. same
waiver would: be granted under similar circumstances on other
property for another applicant or owner;
A. Waiver.to LDR Section 4.3:3(V)(2)(c)(1)
Pursuant to .LDR Section 4.3,3(V)(2)(c)(1), a written request to establish a,
stand -alone bar will be valid for a period not to exceed B months.. The
applicant is asking for a waiver to allow an extension of the time frame
from December, 2012 to April, 2013.
Should the waiver to Section 4.3.3(V)(2 )(C)(.1) be granted?
Yes No
1
December 11, 2012 City Commission Meeting; Item 10.A.
3 The 'City Commissiont has applied the Comprehensive Plan: and L.DR'
requirements in existence at the. time the. on final development application was
.submitted and finds that its; .determinations set forth. in this Order are consistent with the
Comprehensive. Plan,
4, The City Commission finds: there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
5.. Based on' the entire record before it, the City Commission
approves denies the waiver request
6. Based on the entire "record before it the City Commission hereby adopts
this Order. this 11.th day of December 2012, by a vote of 5 in favor and 0
opposed,
ATTEST ::
Cheveil.e. Nu.bin, City Clerk
2
December 11, 2012 City Commission Meeting; Item 10.A.
2012.
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
WAIVER REQUEST FOR 1240 SEASPRAY AVENUE
1. This: waiver request came before the City Commission on December 11,
2. The. Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the waiver request for 1240 Seaspray
Avenue. All of the evidence is a part of the record in this case. Required findings are
made in accordance with Subsection 1.
1. WAIVER: pursuant to LDR. Section 2.4.7(6)(5.), prior to granting a waiver, the
approving body shall make a finding that the granting of the waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of public facilities,
(c) Shall not create an unsafe situation and,
(d) Does not result in the grant of a special privilege in that the same
waiver would be granted under similar circumstances on other
property for another applicant or owner.,
A. Waiver to LDR Section 4.6.14(B)(1.)
Pursuant to LDR Section 4.6.14(B)(1), the area on both sides of a
driveway; as measured by the intersection of a driveway and a street or
alley with a length of ten feet (10') along the.driveway, a length of ten feet
(10') along the street right--of-Way and the third side being a line
connecting the ends of the other two lines, shall not be obstructed at a:
height between three feet (3') and six feet (5').
The applicant is asking for a waiver to. allow for six foot. (6'). Coconut Palms
to be placed within this area, which is in the site visibility triangle as
measured above;
December 11, 2012 City Commission Meeting; Item 1 0.A.
Should the waiver to Section 4.6.14(B )t1) be granted?
Yes No
3. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time. the original development application was
submitted and finds that its determinations set forth in this. Order are consistent with the
Comprehensive Plan,
A "rl)n �'E$ss f'nmt s :ecinee fn d-- there €c arnolp e c!? ta^seient etr c [l #i !
evidence to support its findings in the record submitted and. adopts the facts contained
in the record including but. not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
5, Based on the entire record before it, the City2 Commission
approves ✓ denies the waiver request.
6. Based on the entire record before it, the City Commission hereby adopts .
this order thi1 —D ,day of December 20 i2, k- -' -^ +° ^f
opposed_
ATTEST:
.
Chevelle Nubin, City Clerk
2
;n -nnA n
December 11, 2012 City Commission Meeting; Item 10.A.
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
CONDITIONAL USE MODIFICATION. REQUEST FOR SOFA. BUILDING #1
ORDER OF THE CITY COMMISSION
OF THE. CITY OF DELRAY BEACH, FLORIDA
1 This conditional use request to increase the residential density of the
project to 62.2 dwelling units per acre for the SOFA Building #1 development, located
on the east side of SE 3rd Avenue, between SE 1St Street and SEE 2nd Street; has come
before the City Commission on December 11, 2012.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to. the conditional use request for the SOFA
Building #1 development. All of the evidence is a part of the record in this case.
Required findings are made in accordance with Subsections I and II.
1. COMRREHENSIvE PLAN
a. Comprehensive Plan. Future Land Use Element Oblective.A -1: This
objective requires that the property shall be developed or redeveloped as it pertains to
height,, in a manner so that the future use and intensity: is appropriate- in terms of soil,
topographic, and ether applicable physical considerations, is complementary to adjacent
land uses, and fulfills remaining land use needs;
Is this objective met?
Yes / No
b. Future Land Use Map: The resulting use of land or structures must be
allowed in the zoning district within which the land is situated and said zoning must be
consistent with the applicable land use designation as shown on the Future Land use
Map. The subject property has a Future Land Use Map designation of Commercial.
Core and is zoned Central Business District.
I December 11, 2012 City Commission Meeting; Item IO.B.
Future Land. Use Is project's proposed location consistent with the
Future Land Use Map?
Yes ✓ No
C, C'oncurrency: Facilities which are provided by, or through, the City
shali be provided to new development concurrent with issuance of a Certificate of
Occupancy. These facilities. shall be provided pursuant to levels of service established
within the Comprehensive Plan.
Concurrency: as defined pursuant to Objective; B-2 of the Land. Use 'Element of
the .Comprehensive Plan must be met. and a determination made that the public facility
ability of the City to fund and provide, or to require the 'pIovision of, needed capital
improvements for the fiallowing areas:
Are the concurrency requiremenfis` met as respect to water, sewer,
drainage; streets and traffic, parks, :open spaces solid waste and
schools?
Yes V' No
d. Consistency: Will the granting of the conditional use be consistent with
and further the goals and policies of the Comprehensive: Plan?
Yes ✓ No
lii. LDR REQUIREMENTS:
a. LDR Section 2.4.50 Required Findings: (Conditional Use): Pursuant
to Section 2.4.5(E)(�), in addition to provisions of Chapter 3', the. conditional use will not
1; Have a significantly detrimental effect upon the stability of the
neighborhood within which it will be located;
2. Hinder development or redevelopment; of nearby properties.;
Will Section 2.4,5(E)(5) be met?
Yes ✓ No
ti, Increase in Density. Pursuant to LDR Section 4.4.13(l);. an increase
in density greater than 30 dwelling units per acre may be approved by the City
2 December 11, 2012 City Commission Meeting; Item 10.13.
Commission . as a conditional use for property within the Central Gore portion of the
GBD, provided that 20% of'the residential units above 30 dwelling units per acre in the
commercial core shall be workforce housing units: The workforce housiing, units shall be
divided between low and moderate income levels and shall be provided either onsite,
offsite or through a: monetary contribution.
1. The applicable performance standards for' development under this
section are met as follows;
(a) The. development offers variation in design to add interest to
the elevations and relief from the building mass.
(b) if the building includes a parking garage as an associated
structure or within the principal building; the garage elevation provides unified
design elements with the main building through the use of similar building
materials and color; vertical and horizontal elements, and architectural style.
(c) A number of different unit types, sizes and floor plans are
available within the development. Two and three bedroom units are encouraged,
as are a: combination of multi -level .units and flats. In projects consisting of more
than twelve (12) dwelling units, the proportion. of efficiency or studio type units
may not exceed 25 11/o of the: total units.
(d) The project design shall create, an overall unified
architectural character and image by the use; of common elements between the
building(s), parking lot; and landscaping:
(e) The. development provides: common areas and /or amenities
for residents such as swimming pool's,. exercise rooms,. storage rooms or lockers,
covered parking, gardens, courtyards or similar areas. and /or amenities.
(f) The development promotes pedestrian movements by
providing convenient access from the residential units to the public sidewalk
system.
(g) The development provides opportunities to share parking,
accessways, driveways, etc., with adjoining properties, or provides additional
parking spaces that may be used by the public.
(h) Projects fronting on Atlantic Avenue, NW /SW 5th Avenue, NE
Ist Street or SE 15t Street contain nonresidential uses on the ground floor. At
3 December 11, 2012 City Commission Meeting; Item 10. B.
least 75% of the surface area of the front, street wall(s) :at the ground floor area of
each such. building is devoted to display windows and to entrances to commercial.
uses from outside the: building.
(i) The landscape plan . for the development preserves and
incorporates existing native. vegetation (where available), provides new
landscaping that is in excess of minimum standards (in Height and quantity),
demonstrates innovative use of. plant material;_ improves site design; provides:
useable open space or public plazas, and maximizes available areas for
pedestrian interaction.
�aA @,e 9.s�'i's" RC. 9.d S.9c6 n BeAC.G 89.w� �56+i se
Yes f No
3. The comments and. notes set forth in. the staff report are hereby
incorporated herein;.
4. The City Commission: has applied the Comprehensive Plan and LDR
requirements in existence at the time the.conditional use request -was submitted.
5: The City Commission finds there is'. ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in. the record including but not Limited to the staff.: reports, testimony of experts and other
competent witnesses: supporting these findings.
& Based on the entire record before it, the City Commission approves V%
denies the conditional use request set forth above subject to the conditions set
forth in Exhibit A, attached hereto and made a part hereof, and hereby ad is this order
this 11th day of December, 20.1.2, by a vote of in favor f ap v and g
Opposed.
ATTEST:
Chevelle Nubin
City Clerk
Nelson S. McDuffie,
4 December 11, 2012 City Commission Meeting; Item 10.13.
EXHIBIT A
TO THE CONDITIONAL USE MODIF=ICATION
REQUEST FOR SOFA BUILDING #1
1. That the applicant submit an application for Class V Site Plan Approval which at a
minimum addresses the following issues identified in the Planning and Zoning
staff report:
a. A contribution of approximately one -half the cost of a bus shelter must be
paid prior to certification of the site plan for the development.
b. A secure storage area for bicycles, such as lockers, be provided for
residents.
C, The amenity deck should be designed to minimize the transmission of
noise into the surrounding area.
d. Amplified music will not be permitted on the amenity deck areas_
e'. A note shall be placed on the site plan to indicate nine and one -half feet
(9.51) of height in the parking garage to allow the access of handicap vans.
f. Utilization for the City's right -of -way on SE 2nd: Street for a loading space
must be approved by the City Engineer or alternate loading options must
be provided.
g. Modify the site data on the site plan to utilize the post dedication site area
for the open space calculation.
h. A note indicating that utility facilities serving the development shall be
located underground throughout the. development be placed on the site.
plan.
i, A plat must be processed. and recorded prior to issuance of a building
permit.
j; Verification from the Palm Beach County School District that the project will
meet school concurrency must be provided.
December 11, 2012 City Commission Meefing; Item 10.13.
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH,. FLORIDA
ORDER OF THE CITY' COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
WAIVER REQUEST AS$OGIATEQ WITH SOFA BUILDING. #1
1., This Waiver request to permit an increase in the percentage of one
bedroom units to exceed the 30% maximum allowed; (56.411/0- proposed) associated
With SOFA- Builcl.in g #1, located on the east side of SE 3rd Avenue,,. between SE .1.51
Street and SE 2"d Street carne before the City Commissioh on December 11, 2012.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the waiver request to permit an increase
in the percentage of one bedroom units associated with SOFA Building. #1. All of the
evidence is a part of the record,. in this case. Required findings are made in accordance.
with Subsection I.
[. WAIVER:
Pursuant to LDR Section 2.4.7 (8)(5), prior to granting a. waiver; the approving
body shall make: a finding that the granting of the waiver:
(a ).. Shall not adversely affect the n.elghboring area,
(b). Shall not significantly diminish the:provision of public facilities,
(c) Shalt not create an unsafe situation; and,
(d) Does not result in the grant of a spec "ial privilege in that the same, waiver
would be granted, under similar circumstances on. other property for
another applicant or owner.
A. Waiver to Permit an Increase in the Percentage of One Bedroom
Units Allowed
Pursuant to LDR Section 41A(ly, the total number of one bedroom ('I BR) units in
any qualifying project shall not exceed 30 6/6 of the total number of .units in the project.
The waiver request is to: allow the increase in the percentage of one bedroom units 11` OM'
the maximum al lowed 3Q% to, 66,41 %p.
Does the. waiver request to increase the maximum all number of one
bedroom (1 BR)' units meet all the requirements of 2.41(113)(5)?
December 11, 2012 City Commission Meeting; Item I OR
Yes ✓ No
3. The City Commission has. applied the Comprehensive Plan and LDR
requirements in existence at the time the original development application was
submitted and finds that its determinations set forth in this Order are: consistent with the
Comprehensive; Plan.
4. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other,
competent witnesses supporting these findings.
5. Based on the entire record before it, the City Commission approves
denies the waiver request to LDR Section 4.7:9(1 ):
6. Based on the entire; record before it, the .City Commission hereby adopts
this Order this 11th day of December, 2012, by a vote of 5 in fayor\and 0
opposed.
ATTEST: Nelson`S. McDuffie, M
Chevelle Nubin, City Cleric
2
December 11, 2012 City Commission Meeting; Item 103.
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
WAIVER REQUEST ASSOCIATED. WITH SOFA BUILDING #1
1. This waiver request to permit an increase in the percentage of one
bedroom units to exceed the 30% maximum allowed (56.41 % proposed) associated
with SOFA Building #1, located on the east side of SE 3rd Avenue, between SE sst
Street and SE 2 "d Street came before; the City Commission on December 11, 2012..
2. The Applicant and City staff presented: documentary evidence and
testimony to the City Commission pertaining to the waiver request to permit.ari. increase
in the percentage of one bedroom units associated with SOFA Building #f1, All of the
evidence is a park of the record in this case. Required findings are made in accordance
with Subsection I_.
I. WAIVER;
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) ShaEl not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of public facilities;
(c) Shall not create an unsafe situation, and,
.(d) Does not result in the grant of a special privilege in that the same waiver
would be granted under similar circumstances on other property for
another applicant or owner.
A. Waiver to Permit an Increase in the Percentage of One Bedroom
Units Allowed:
Pursuant to LDR Section 44.7.9(l); the total number of one bedroom (1 BR). units in
any qualifying project shall not exceed 30% of the total number of units in the project.
The waiver request is to allow the increase in the percentage of one bedroom units from
the maximum. allowed 30% to 56.41 %.
Does the waiver request. to increase the maximum allowed number of one
bedroom (I BR) units meet all the requirements. of 2.4.7(B)(5)?
December 11, 2012 Regular Meeting; Item 10.B.1,
Yes ✓ No
3, The City Commission has' applied the: Comprehensive Plan and LDR
requirements in existence at the. time the original development application was
submitted and finds that its determinations set forth in this Order are consistent, with the
Comprehensive Plan.
4; The City Commission finds the.re is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained.
9ie Wu,i i"F Aiy'livi" €:a i �T Erg T": z S . —, reYi FTC ye C-e9Y'k"ii5 'i d'y a V" nn '�Y'i -i S'Rz her
+.r 4f iie'�.. 4Y Fiwu yy l.tiFF k.i i.ii YY31 334411' -r y.ir ui— ST—,
F F_ YZN s✓Y. i�v., L'�ea iFYYii ii ii4 ".�hg.i 4.iS LV r:,SP i5.1 tr ii fi. F.
competent witnesses supporting these findings.
5. Based on the entire record before it, the City Commission approves
denies the waiver request to LDR. Section 41:9(1)3
6. Based on. the entire record before if, the City Commission hereby adopts
this Qrder this 11th day of December, 2012, by a vote of .. 5 in faybr and 0
opposed.
ATTEST. Nelson's. McDuff=le,,
Chevelle N.ubin, City Clerk
2
December 11, 2012 Regular Meeting; Item 10.6.1.
1N THE CITY COMIUIISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
CONDITIONAL USE MODIFICATION REQUEST FOR SOFA BUILDING #2
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. This conditional use request to increase, the residential density of the
project to 64.70 dwelling units per acre for the SOFA Building #2 development, located
on the west side of SE 2 "d Avenue, south of SE 1St Street, has come before the City
Commission on December 11, 2012.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the conditional use request for the' SOFA
Building #2 development. All of the evidence is a part of the record in this case.
Required findings are made in accordance with Subsections I and IL
I: COMPREHENSIVE PLAN
a. Comprehensive Plan - Future Land Use Element QWactive A -1: This
objective requires that the property shall be developed or redeveloped as it pertains to
height, in a manner so that the future use and intensity is appropriate in terms of soil,
topographic, and other applicable physical considerations,. is complementary to adjacent
land uses, and fulfills remaining [and us:e needs.
Is this objective met?
Yes. ✓ No
b'. Future Land Use Map: The resulting use of land or structures must be
allowed in the zoning district within which the land is situated and said zoning must be
consistent with the applicable land use designation as shown on the Future Land Use
..Map The subject property has a. Future Land Use Map designation of Commercial
Core and is zoned Central Business District.
1 December 11, 2012 Regular Meeting; Item 1 0.C.
Future Land Use - Is project's proposed location consistent with the
Future- Land Use Map?
Yes No
C. Concurrence: Facilities which are provided by, or through, the City
shall be provided to new development concurrent with issuance of .a Certificate of
Occupancy. These facilities shall be provided pursuant to levels of service established
within the Comprehensive Plan_
Qoncurrency as defined pursuant to Objective B -2 of the Land Use Element of
the Comprehensive Plan must .be met and a determination made that the public facility
ability of the. City to fund and provide, or to require the provision of, needed capital
improvements. for the following areas:
Are the concunrency requirements met as respect to water,. sewer,
drainage, streets and traffics parks, open space, solid waste and
schools?
Yes No.
d; Consistency; Will the granting of-the conditional use be consistent with
and.: further the goals and. policies; of the Comprehensive Plan
Yes V" No.
H. LDR REQUIREMENTS
a. LDR Section. 2.4.5(Q Required Findings (Gonditional Use);: Pursuant
to Section 2.4.5(E)(5); In addition to provisions of Chapter 3, the conditional use will not:
1. Have a significantly detrimental effect upon the stability of the
neighborhood within which it will be located;'
2_ Hinder development or redevelopment of nearby properties.
Will Section 2,4.5(E)(5) be met?
Yes ✓ No
2 December 11, 2012 Regular Meeting; Item 10.C.
b. Increase in Density: Pursuant to LDR Section 4.4:13(1); an increase
in density greater than 30 dwelling units per acre. may be approved by the City
Commission as a conditional use for property within the Central Core portion of the
CgD, provided that 20%n of the residential units above 30 dwelling units per acre in the.
commercial core shall be workforce housing units. The workforce housing units shall be
divided between low and moderate income levels and shall be provided either onsite,
offsite or through a monetary contribution.
1. The applicable performance standards for development under this
section are met as follows:
(a). The development offers variation in. design to add interest to
the elevations and relief from the building mass.
(b) If the building includes a parking garage as an associated
structure or within the principal building, the garage elevation provides unified
design elements with the main building through the use of similar building
materials and color, vertical and horizontal elements, and architectural style.
(c) A. number of different unit types, sizes and floor plans are
available within the development. Two and three bedroom units are encouraged,
as are a combination of multi -level units and flats. In projects consisting of more
than twelve (12) dwelling units, the proportion of efficiency or studio type units
may not exceed 25% of the. total units.
(d) The project design shall create: an overall unified
architectural character and image by the use of common elements between the
building(s), parking lot„ and landscaping.
(e The development provides, common areas and/or amenities
for residents such as swimming pools, exercise rooms, storage rooms or lockers,
covered parking, gardens, courtyards or similar areas and /or amenities.
(f) The development promotes pedestrian movements by
providing convenient access from the residential units to the public sidewalk
system.
3 December 11, 2012 Regular Meeting; Item 1 0.C.
(g): The developme.ht provides: opportunities to share parking;,
aepesswaysi, driVeways,: etc., with adjoining properties., or providess additional.
parking spaces that may be used by the public..
(h) Projects fronting oa Atlantic Avenue, NW18W 5t" Avenue, NE
1st Street or SE Ist Street contain nonresidential Uses on the ground floor. At
least 75% of'the surface area of the front street wall(s). at the ground. floor area of
each such building: is devoted to display windows and to entrances to commercial
uses from outside the ;building.
(i) The Landscap.eL plan for the development, preserves and
incorporates existing native vegetation (where available), provides new
ianuscaping 'Hat is Ili. excess of i-ni im -iurn staliGaruis (in. Ineig fl and. quantity),
demonstrates: innovative use of .plant material, improves site design, provides
useable open space or public plazas, and maximizes available .areas for
pedestrian interaction.
Are these requirements met?
Yes V' No
3, The comments 'and. notes set forth in the staff report are hereby
incorporated herein.
4, The City Commission has applied the Comprehensive Plan and L DR
requirements in existence at the. time. the conditional use request was submitted.
5. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
ln: the record including but not limited to. the. Staff reports, testimony of experts and other
competent witnesses supporting these findings.
6.. Based on the ontire. record before it,..the City Commission approves
denies the conditional use request set forth above subject; to the conditions set
forth in. Exhibit A, attached hereto and made a part hereof, and hereby adopts this order
4 December 11, 2012 Regular fleeting; item 10.C.
this 11th day of December, 2012, by a vote of 5 in favor of appro a d 0
opposed.,.
ATTEST:,
Chevelle Nubia
City Clerk
Nelson S. McDuffie, M
5 December 11, 2012 Regular Meeting; Item 1O.C.
EXHIBIT A
TO THE CQNDiTiONAL USE MODIFICATION
REQUEST FOR'SOFA.. BUILDING #2
a. That a site plan be processed to accommodate all conditions listed below;
b. Provide a contribution of approximately one -half the cost of a bus shelter to be
paid, prior to site plan certification;
c. Provide a secure storage area for residents' bicycles, such.as lockers;
d. Modify the site: plan to provide one additional parking: space to meet: the:
parking requirements of the project;.
.e- A. note shall be placed on the site plan to indicate that;a minimum of nine and
nj-p,holf feet (9451 of heldht In the. barkinq darade is orn- ided to nHow the
....
:- Md..'P..;Fti%: z:. g�lo s5'. -9Yy F'SBE`�a's id36 i"r"
.FUZ -vv,. o...m..a.wa c.z... E,. vu✓y
f. Modify the site data on the site plan to utilize the post dedication site area for
the open space ,calculation ;.
g. A plat must be processed and recorded prior to issuance of a: building permit;
and
h Provide verification from the Palm. Beach County School District that the
project will meet school concurrency.
December 11, 2012 Regular Meeting; Item 10.C.
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
WAIVER REQUEST ASSOCIATED WITH SOFA BUILDING #2
1. This waiver: request to permit an increase in. the percentage of one
bedroom units to exceed the 30% maximum allowed (54.5% proposed) associated with
SOFA Building #2, located on. the: west site of SE 2 "d Avenue., south of SE 1st Street
came before the City. Commission on December 11;'2012,
2. The Applicant. and City staff presented documentary evidence and
testimony to the City Commission pertaining to the waiver request to: permit an increase
in the percentage of one bedroom u nits. associated with SOFA Building #2. All of the
evidence is a part of the record in this case. Required findings are made in accordance
with Subsection 1.
1. WAIVER:
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;
(b). Shall not significantly diminish the provision of public facilities;
(c) Shall not create an unsafe situation; and,
(d) hoes not result in the grant of a special privilege in that the same waiver
would be granted under similar circumstances on other property for
another applicant or owner.
A. Waiver to Permit an Increase in the Percenta a of One Bedroom
Units Allowed::
Pursuant to LDR Section 4.7.9(l), the total number of one bedroom (1 BR) units in
any qualifying project shall not exceed 30% of the total number of units in the project..
This waiver request is to allow the increase in the percentage of one bedroom units
from the maximum allowed. 30% to 54.5 %.
Does the waiver request to increase the maximum allowed number of one
bedroom (11 BR) units meet all the requirements of 2.4.7(B)(5)?
December 11, 2012 Regular Meeting; Item 1D.C.1.
Yes ✓ No
3. The City Commission has applied the Comprehensive Plan and LO
requirements in existence at the: time: the original development application was
submitted and. finds that its determinations :set . forth in this Order are consistent with the
Comprehensive. Plan.
4. The. City Commission finds there is ample and competent'. substantial.
evidence to support its findings in the record submitted and adopts the facts, contained
FaP @ii Yr4, i� @�„i16P iii ii e9313k vi Iy@i ik 3k519 dRida U:^U �kj 6i Idm. __ifsgk 5C, §_O HFes, FB'°�UN kij 13R
competent witnesses ,supporting these findings.
5. Based on the entire record before it, the City Commission.' approves . f
denies the waiver request to L.DR Section 4,.7.9 (1),
6. Based on the entire ,record. before it; the City Commission hereby adapts
this Order this 11th' day of December, 2012;
opposed.
ATTEST:
Chevelle Nubin, City Clock
2
December 11, 2012 Regular Meeting; Item 10.C.1.
2012.
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEAOH, FLORIDA
WAIVER REQUEST FOR 1240 SEASPRAY AVENUE
1. This waiver request came before the City Commission on December 11,.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the waiver request for 1240 S'easpray
Avenue. All of the evidence is a part of the record in this case. Required findings are
made in accordance with Subsection 1.
1. WAIVER: Pursuant to LDR Section 2.4.7(B)(5)., prior to granting a waiver, the
.approving body shall make a.f4nding that the granting of the waiver:
(a) Shall not adversely affectthe neighboring area;
(b) Shall not significantly diminish the provision of public facilities,
(c) Shall not,create an unsafe situation; and,
(d) Does not result in the grant of a special privilege in that the same
waiver would be granted under similar circumstances on other
property for another: applicant or owner.
A. Waiver to LDR Section 4.6.14 B 1
Pursuant to LDR Section 4.6,14(B)(1),. the area on both sides of a
driveway, as measured by the intersection of a driveway and a street or
alley with a length ,of ten feet (10') along the driveway, a length of ten feet
(10') along the street right -of -way and the third side being a line
connecting the ends of the other two lines, shall not be. obstructed at a
height between three feet (3') and six feet (6').
The applicant is asking. for a waiver to allow for six foot (0) Coconut Palms
to be placed within this area, which is in the site visibility triangle as
measured above.
December 11, 2012 City Commission Meeting; Item 10.D.
Should the waiver to Section 4.0.14(B)(1) be granted?
Yes ✓ No
3, The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time. the: original development application was:
submitted and finds: that its determinations set forth i,n this Order are consistent with the
Comprehensive Plan.
A_ 'l 'I #aa f`�+E�'gi�` issicn finds thprp is ar? ole � d cornmet -ref substan ial
evidence to support its findings in the record submitted and adopts the facts contained.
in the record including but not limited to the staff reports; testimony of experts and other
competent witnesses. supporting these findings,
6; Based on the entire record before it,, the City Commission
approves V denies the waiver request.
6; Based on the entire record before. it, the City Commission hereby adopts
this Order this 11th day of December 2012, by a vote of 5 in favor and 6
opposed'.
ATTFEST. Nelsoh S. Wbuffie, Mayo
Chevelle Nubin, City Clerk:
2
December 11, 2012 City Commission Meeting; Item 10.D.
IN. THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
CONDITIONAL USE REQUEST TO ALLOW THE CONVERSION OF 1.0,800 SQ.. FT.
OF RETAIL SPACE TO A 3.,550 SQ. FT. FULL SERVICE RESTAURANT AND BAR
CONTAINING A 71250 SQ. FT. BOWLING ALLEY FOR DOWNTOWN BOWLING AT
THE OCEAN CITY LUMBER SITE
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1.. This conditional use request has come before. the City Commission on
December 11, 2012. The conditional use request is to allow the conversion of 10,800 .
sq. ft. of retail space to a 3,550 sq. ft. full service. restaurant and bar containing, a 7,250
sq fit. bowling alley with eight (8) lanes for Downtown Bowling at the Ocean City Lumber
site.
2: The City staff, applicant, and other persons have presented documentary
evidence and testimony to the City Commission pertaining to the conditional use
request for Downtown Bowling. All of the evidence is a part of the record in this case.
Required findings are made in Sections I and. II below.
L COMPREHENSIVE: PLAN
a. Comprehensive Plan - Futu.re Land Use Element: Obled ive A -1 This
objective requires that the property shall be developed or redeveloped in a manner so
that. the future use and intensity is appropriate in terms of soll, topographic, and other
applicable physical considerations, is complementary to adjacent land uses, and fulfills
remaining .land use needs.
Is this objective met.)
Yes ✓ No:
b. Future Land Use Map The resulting use of land or structures must be
allowed in the zoning district within which the land is situated and said zoning must be
1
December 11, 2012 Commission Meeting; Item 10.17.
consistent: with the .ap.plicab.le land use designation as shown on the Future Land Use
Map. Tile subject: property has a Future Land Use 'Map designation of Commercial
Core and is zoned Central Business District.
Future Land Use - Is project's proposed location consistent with the:
Future Land. Use Map?
Yes ✓ No
G. Con.currency: Facilities which are provided by, or through, the City
shall be provided to new development. concurrent with issuance of a Certificate of
within the Comprehensive Plan.
Concurrency as defined pursuant to Objective B -2 of the Land Use Element of
the Corn. prehensive Plan, must be met and a determination made that the- public facility
needs of the requested.. land use- .andlor development application will not exceed the
ability of the City to fund and provide, or, to require the provision of, needed capital
improvements for the following areas:
Are the concurrency requlrements' met as respect to water, Sewer,
drainage, streets and traffic, parks, open space, solid waste and
schools?
Yes ✓ No
d:. Consistency Will the granting of the conditional use be consistent with
and. further the goals and. policies of the Comprehensive Plan?
Yes ✓ No
Il. LDR REQUIREMENTS
A. Section 2.4.5fE1 (5) requires certain findings: The conditional use will
not,:
1. Have a' significantly detrimental effect upon the stability of the
neighborhood within which itwiil be located,
2. Hinder development or redevelopment of nearby properties.
2
December 11, 2012 Commission Meeting; Item 10.E.
Has this requirement been met?
Yes No
3. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the conditional use application was submitted.
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
supporting these findings_.
5. Rased on the entire record before it, the City Commission approves
denies the conditional use application subject to the conditions attached hereto. in
Exhibit "A' and hereby adopts this Order this 11 th day of Decembey-20'12 a vote of
5 in favor and 0 opposed.
ATTEST:
Chevelle Nubin
City Cleric.
3
Nelson'S. McDuffie,
December 11, 2012 Commission Meeting; Item 10.E.
Conditions Related to the Conversion of 10,800 sq. ft, of Retail. Space to a
3,554 sq. ft. Full. Service Restaurant and Bar Containing a 7,250 sq. ft..
Bowling Ailey
1, Provide calculations on the approved plan that specify: the percent of existiiig, required and
proposed transparent or glass surface area provided on the ground level. The mtnimu.m.
required glass surface is seventy -five percent (75%). All proposed elevation changes :shall
increase the existing, glass surface area to look inviting to on,.street pedestrians.
2, Rename the north elevation that..is.presently labeled incorrectly as "Existing" on Sheet A -8
to "Proposed north elevation ".:
surplus spaces available after approval frorp "T spaces to 15" spaces
4. Should the current owner (Ocean City Properties Ltd.) decline:.futurc authorization for use of
any or a portion of the existing: parking bank (22: surplus spaces) to establish the Condi tional
Use for Downtown Bowling which requires fifteen (15) new parking spaces, then all or the
remaining required spaces needed'to meet the parking: requirement (up to a total of 15 or as:
deterin.ined by the sq. ft. indicated for restaurant use) shall be paid by the applicant at a cost
of $7,800per in -lieu parking space totaling up to $117,000.
5.. Modify the site data :and parking data to indicate the square. foQtage allocated to all. outside
dining areas. This is proposed. new restaurant use area which was not previously subject to
parking. Parking shall be assessed for these areas at a restaurant rate of six (5) spaces' per
1;000 square feet: of gross floor area,, pursuant to LDR Section 4;4615 ), This shall
increase the parking requirernorit by six. (6). spaces, thus reducing the remaining parking
surplus to seven (7) spaces.
5.. Provide: a revised notarized affidavit from the owners of the 2,40 acre parcel (Ocean. City
Properties Ltd.): indicating acknowledgement of a suUender of . development rights: limiting
parking availability for future expansion to seven (7) spaces,, whereas twenty-two (22) spaces
would otherwise be - available. The parking. requirement. for the proposed conditional` use is
fifteen (15) new parking spaces, This will reduce the existing twenty -two (22..1 space parking
surplus by fifteen (15) Spaces; WhileJI16 proposed 1.0,800 sq. ft. development proposal enjoys
the benefit.from. fifteen (15) surplus parking spaces currently available, the: remaining tenants
of the 2.49 acre site will have a reduced benefit of the resulting seven (7) surplus parldng
spaces or be subject to a. charge of .57,$00 per in -lieu parking space in order- to meet any
parking requirement above and beyond the -seven (7) spade parking surplus.
7. Should the owner (Ocean City Properties Ltd.)' decline authorization for use of any or a
portion of the existing parking bank (22; surplus spaces) to establish the Conditional Use for
Downtown Bowling which- .requires fifteen (15). new parking spaces, then all or the remaining
required spaces deeded to meet the parking requirement (up to a total of 15 or as determined
December 11, 2012 Commission Meeting; Item 1 0.F.
by the % ft: indicated fox restaurant use) shall be paid by the applicant at a cost of $7;800 per
in -Iieu parking space totaling up to $117,000.
December 11, 2012 Commission Meeting; Item 10.E.