03-19-13 Regular Meeting MinutesMARCH 19, 2013
A Regular Meeting of the City Commission of the City of Delray Beach,
Florida, was called to order by Mayor Thomas F. Carney, Jr. in the Commission
Chambers at City Hall at 6:00 p.m., Tuesday, March 19, 2013.
1. Roll call showed:
Present- Commissioner Christina Morrison
Commissioner Alson Jacquet
Commissioner Adam Frankel
Commissioner Angeleta E. Gray
Mayor Thomas F. Carney, Jr.
Absent - None
Also present were W Douglas E. Smith, Interim City Manager
Brian Shutt, City Attorney
Chevelle D. Nubin, City Clerk
2. The opening prayer was delivered by Reverend Kathleen Gannon with St.
Paul's Episcopal Church.
3. The Pledge of Allegiance to the flag of the United States of America was
given.
4. APPROVAL OF MINUTES:
Mr. Frankel moved to approve the Minutes of the Workshop Meeting of
January 31, 2013, seconded by Mrs. Gray. Upon roll call the Commission voted as
follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Carney — Yes;
Ms. Morrison — Yes. Said motion passed with a 5 to 0 vote.
Mrs. Gray moved to approve the Minutes of the Regular Meeting of
February 19, 2013, seconded by Mr. Frankel. Upon roll call the Commission voted as
follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Carney — Yes; Ms. Morrison —
Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote.
6. PROCLAMATIONS:
6.A. Water Conservation Month — April 2013
Mayor Carney read and presented a proclamation hereby proclaiming the
month of April 2013 as Water Conservation Month. Victor Majtenyi, Interim
Environmental Services Director, came forward to accept the proclamation and gave a
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few brief comments.
7. PRESENTATIONS:
7.A. RESOLUTION NO. 18 -13: Approve Resolution No. 18 -13 recognizing
and commending Barbara J. Flynn for 35 years of dedicated service to the City of Delray
Beach.
The caption of Resolution No. 18 -13 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING
AND COMMENDING BARBARA J. FLYNN FOR
THIRTY -FIVE YEARS OF LOYAL SERVICE TO THE
CITY OF DELRAY BEACH.
(The official copy of Resolution No. 18 -13 is on file in the City Clerk's
office.)
Mayor Carney read Resolution No. 18 -13 into the record. David Boyd,
Finance Director, came forward to accept the resolution on behalf of Barbara J. Flynn.
Mr. Frankel moved to approve Resolution No. 18 -13, seconded by Mrs.
Gray. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor Carney
— Yes; Ms. Morrison — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion passed
with a 5 to 0 vote.
7.B. Recognizing and commendine NAKeD Hair Salon for their
contributions and service in the community
Mayor Carney asked Vice Mayor Frankel to read the recognition award
commending NAKeD Hair salon for their contributions.
Vice Mayor Frankel read and presented a special recognition award to
Adam and Janine Schuman for their dedication and service in the community. Janine
Schuman came forward to accept the proclamation and gave a few brief comments.
7.C. Check Presentation for Sponsorship of a portion of First Night -
Delra_y Beach Marketing Cooperative (DBMQ (ADDENDUM)
Sarah Martin, Executive Director of the Delray Beach Marketing
Cooperative, gave a brief overview of the partnership between the City of Delray Beach,
the Delray Beach Marketing Cooperative (DBMC), the Community Redevelopment
Agency (CRA), and the Chamber of Commerce. Ms. Martin presented the City of Delray
Beach with a check in the amount of $69,094 to help off -set holiday expenditures. She
stated this past year the DBMC raised over $223,000 in revenue; $267,000 in in -kind
services and donations; received over $1.695 billion marketing impressions that is mostly
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attributed to Delray's "Small Town" win. In addition, Ms. Martin stated Delray Beach
has been nominated for the top five in the County's largest tourism award.
At this point, the time being 6:22 p.m., the Commission moved to Item 8,
Comments and Inquiries on Agenda and Non - Agenda Items From the Public and
the City Manager Immediately Following Presentations.
9.8. From the Public.
9.13.1. Steve Slum, Antilles Homeowners' Association, 115 Venetian Drive
Unit "C ", Delray Beach, FL 33483, read a brief statement into the record regarding the
change on the agenda regarding public comments. Mr. Blum gave kudos to Mayor
Carney and the Commission for all they have done for Ethics Reform.
9.5.2. Pauline Moody, 609 S.W. 8t" Avenue, Delray Beach, FL 33444, briefly
spoke about the Beach Renourishment Project and asked if anyone has checked regularly
on the sewage pipe on a regular basis.
9.A. City Manager's response to prior public comments and inquiries.
In response to comments expressed by Ms. Moody at the last regular
meeting regarding the security company from the tennis tournament and valet parking,
Mr. Smith stated Mr. Barcinski provided Mr, Smith with a summary and he mentioned
that the company the City hired for the security was just for the security and not parking.
The officers and bag checkers that he saw were in proper uniforms and Mr. Barcinski
cannot speak for 24/7 since he was not there the entire time; however, the police staff
keeps a close eye on that. Mr. Smith stated Mr. Baron hires the valet parking companies
and the company he hired is the same company that the City hired to manage and control
the City paid and reserved lots. Mr. Smith stated Mr. Barcinski indicated that his
observations were proper uniform and attire was worn.
9. CONSENT AGENDA: City Manager Recommends Approval.
9.A. GRANT APPLICATION/FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT): Authorize staff to accept a grant from the Florida
Department of Transportation (FDOT) in the amount of $525,000.00 for the Downtown
Roundabout Shuttle trolley system.
9.5. SOUTH FLORIDA REGIONAL TRANSPORTATION
AUTHORITY (SFRTA): Authorize staff to pursue an agreement with South Florida
Regional Transportation Authority (SFRTA) for the feeder service program to provide
funding to the City for shuttle service between the Tri -Rail Station.
9.C. RESOLUTION NO. 21 -13: Approve Resolution No. 21 -13; a
declaration to reimburse capital expenditures relative to the Beach Nourishment Project
as well as the Federal Highway Beautification Project.
03/19/13
The caption of Resolution No. 21 -13 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, DECLARING
OF OFFICIAL INTENT WITH RESPECT TO
REIMBURSEMENT OF TEMPORARY ADVANCES
MADE FOR CAPITAL EXPENDITURES TO BE MADE
FROM SUBSEQUENT BORROWINGS; AND
PROVIDING FOR AN EFFECTIVE DATE.
(The official copy of Resolution No. 21 -13 is on file in the City Clerk's
office.)
9.D. CONSENT TO ASSIGNMENT/ ROSSO PAVING & GRADING
INC. TO ROSSO SITE DEVELOPMENT, ]NC.: Approve a Consent to Assignment
W%Lii N-Ei 5 ii aV 1plg i7- Ul aulilgy LAIC. 10 KOSS -7 �1ie 9��ves piA4eA1Ey 313& .
9.E. RESOLUTION NO. 10 -13: Approve Resolution No. 10 -13 assessing
costs for abatement action required to remove nuisances on 14 properties throughout the
City of Delray Beach.
The caption of Resolution No. 10 -13 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, PURSUANT
TO CHAPTER 100 OF THE CODE OF ORDINANCES
OF THE CITY OF DELRAY BEACH, ASSESSING
COSTS FOR ABATING NUISANCES UPON CERTAIN
LAND(S) LOCATED WITHIN THE CITY OF DELRAY
BEACH AND PROVIDING THAT A NOTICE OF LIEN
SHALL ACCOMPANY THE NOTICE OF
ASSESSMENT; SETTING OUT ACTUAL COSTS
INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH
ABATEMENT OF NUISANCES; PROVIDING FOR AN
EFFECTIVE DATE AND FOR A DUE DATE AND
INTEREST ON ASSESSMENTS; PROVIDING FOR
THE RECORDING OF THIS RESOLUTION, AND
DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS.
(The official copy of Resolution No. 10 -13 is on file in the City Clerk's
office.)
9.F. GRANT APPLICATIONIFLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT)/HIGHWAY SAFETY PROGRAM: Approval
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to submit a grant application to the Florida Department of Transportation's (FDOT)
Highway Safety Program in the amount of $57,808.00 for programming to mitigate
aggressive driving within the City limits.
9.G. GRANT AGREEMENT/PALM BEACH COUNTY/ FED CUP
TIE: Approve a Grant Agreement between the City and Palm Beach County to provide a
grant to the City in the amount of $38,000.00 for the FED Cup Tie to be held on April 20
& 21, 2013,
9.H. MUNICIPAL ELECTION RESULTS/RESOLUTION NO. 20-
13: Canvass the returns, and declare the results of the March 12, 2013 First Nonpartisan
and Special Elections and approve Resolution No. 20 -13.
9_I. SPECIAL EVENT REQUEST /AVDA 5K/10K
WALK/RUN: Approve a special event request to endorse the 14th Annual Aid to
Victims of Domestic Abuse, Inc. (AVDA) 5K/10K Walk/Run to be held on Saturday,
October 12, 2013 from 7:30 a.m. until approximately noon, with set up at 5:00 a.m., to
grant a temporary use permit per LDR Section 2.4.6(F) for the use of Anchor Park and
the City right -of -way along Ocean Boulevard from Bucida Road to George Bush
Boulevard, to waive parking meter fees in Anchor Park, Sandoway lots, Atlantic Dunes
Park, Ingraham Lot and the City lot at Gleason Street from 5.00 a.m. to 11.00 a.m., and
to authorize support as outlined in the staff report, with the event producer paying 100%
of City costs; contingent on the receipt of the Certificate of Liability Insurance by
September 27, 2013.
9.J. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards for
the period March 4, 2013 through March 15, 2013.
9.K. RIGHT OF WAY DEED ACCEPTANCE /428 N.E. 8' AVENUE:
Approve acceptance of a right -of -way deed for two feet (2') of alley right -of -way
dedication for the property located at 428 N.E. 8' Avenue. (ADDENDU11I)
Vice Mayor Frankel stated Item 9.G., Grant for the FED Cup, he voted on
it at the TDC meeting and asked if there is a conflict for him to vote on it again. The City
Attorney stated as long as this does not inure to his personal gain or loss then there is no
conflict.
Mr. Frankel moved to approve the Consent Agenda, seconded by Mrs.
Gray. Upon roll call the Commission voted as follows: Ms. Morrison — Yes; Mr. 7acquet
--- Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Carney — Yes. Said motion passed
with a 5 to 0 vote.
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5. AGENDA APPROVAL.
Mr_ Frankel moved to approve the Agenda, seconded by Mrs. Gray. Upon
roll call the Commission voted as follows: Mayor Carney — Yes; Ms. Morrison — Yes;
Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 5 to
0 vote.
10. REGULAR AGENDA:
N.A. CONDITIONAL USE REQUEST /SOUTHGATE MOTEL: Consider
approval of a conditional use request associated with the renovation and expansion of the
existing ten (10) room motel including the construction of a two -story addition to
accommodate seventeen (17) new motel rooms for a total of twenty -seven (27) rooms,
and construction of new on -site parking spaces with associated landscaping for Southgate
Mayor Carney 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 individual who wished to
give testimony on this item.
Mayor Carney asked the Commission to disclose their ex parte
communications. Mayor Carney noted that he spoke with Mr. Dorling on this issue. Ms.
Morrison disclosed that she attended the Planning and Zoning Board meeting when this
was discussed. The rest of the Commission had no ex parte communications to disclose.
Paul Dorling, A1CP, Director of Planning and Zoning, entered the
Planning and Zoning Department project file #2013 -080 into the record.
Mr. Dorling stated this item is a conditional use request to expand the ten
(10) rooms to accommodate seventeen (17) new rooms along with construction of on -site
parking and landscaping. He stated this is a 0.67 acre site and the existing motel is 3,937
square feet and it would be expanded by an additional 9,614 feet for a total of 13,551
square feet, add seventeen (17) rooms, would be open twenty -four (24) hours and would
include a site manager's office and residence. Mr. Darling stated it would also include
amenities including laundry facilities and continental breakfast facilities for those patrons
staying on the site.
At its meeting of February 14, 2013, the Community Redevelopment
Agency (CRA) considered the development and recommended approval. At its meeting
of February 25, 2013, the Planning and Zoning Board made a recommendation to the
City Commission to approve the conditional use request with a vote of 5 to 1. Staff
recommends approval subject to seventeen (17) conditions as listed in Exhibit "A" of the
Board Order.
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There was no applicant present.
Mayor Carney stated if anyone from the public would like to speak in
favor or in opposition of the conditional use request, to please come forward at this time.
There being no one from the public who wished to address the Commission, the public
hearing was closed.
Mr. Frankel stated he wants to ensure that this remains a motel and not a
treatment or medical procedure facility. Mr. Dorling stated this is a general commercial
district so a medical office would be allowed; this is a conditional use for a motel so the
Commission can apply conditions relating to that if they so wish. Mr. Dorling stated if
they wanted to seek medical offices they would have to return with a Class III change of
use. Mr. Frankel proposed a condition that no medical procedures or counseling take part
on this property.
Mr. Jacquet stated he does not feel comfortable with going forward with
this right now.
The City Attorney suggested that the Commission can place a condition
on the property that no medical or counseling services should be offered on -site.
Ms. Morrison asked if there are currently any outstanding code violations
on this property. Mr. Dorling stated he is not aware of any code violations. Ms.
Morrison asked if it is true that there is significant police presence on this property now.
Mr. Dorling stated there are a number of calls that come to this property; some calls are a
result of the applicant requesting that officers do their paperwork in the parking lot and
some related to the people who frequent the site. Ms. Morrison asked if the issue
concerning the owners unit that was brought up at the Planning and Zoning Board
meeting has been resolved. Mr. Dorling stated this has not been resolved; there are a
number of ways to accomplish that and if it is approved and moved forward it would
have to be resolved at the site plan stage. Ms. Morrison stated she is not in support of
this.
At this point, Chevelle D. Nubin, City Clerk swore in Mr. Bob Currie,
Architect for the Project.
Mr. Currie stated the owner has tried hard to clean this up and wants to
have a standard motel.
Mr. Frankel suggested that a condition be added that there will be no
medical treatment provided there.
Mr. Jacquet inquired about the square footage.
Mrs. Gray expressed concern over medical facilities turning into
something other than what they came in for and stated if staff could get the language
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together that would prohibit some of these medical centers and for it to just be a motel
then she would be in favor of it because the City needs redevelopment in this area.
Mr. Jacquet stated the past few years the City has been struggling to
protect the community and he does not feel that confident that this is going to be only a
motel; he feels by granting this we will see this again in the near future where it may pose
a problem. Mr. Jacquet reiterated that he does not feel it is the right thing for this area of
Federal Highway at this moment.
The City Attorney stated he can add condition #18 would be no medical or
counseling services of any kind should be offered or allowed on -site.
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
nffirial part of the minutes):
Mr. Jacquet moved to adopt the Board Order denying the conditional use
request, seconded by Ms. Morrison. Upon roll call the Commission voted as follows:
Mr. Jacquet — Yes; Mr. Frankel — No; Mrs. Gray — No; Mayor Carney — Yes; Ms.
Morrison — Yes. Said motion denying the conditional use was passed with a 3 to 2 vote,
Commissioner Frankel and Commissioner Gray dissenting).
10.B. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD
(SPRAB) DECISION: ENTERPRISE RENT -A -CAR: Consider an appeal of the Site
Plan Review and Appearance Board (SPRAB) decision to deny a flat wall sign with
corporate colors for Enterprise Rent -A -Car, located at 14832 South Military Trail.
(Quad- Judicial Hearing)
Mr. Frankel moved to postpone to April 16, 2013, seconded by Mr.
Jacquet. Upon roll call the Commission voted as follows: Mr. Frankel --- Yes; Mrs. Gray
— Yes; Mayor Carney — Yes; Ms. Morrison Yes; Mr. Jacquet Yes. Said motion
passed with a 5 to 0 vote.
IO.C. WAIVER REQUES_TS/DELRAY BEACH FAIRFIELD
HOTEL: Consider approval of six (6) waivers to the Land Development Regulations
(LDR) Sections 4.4.13(F)(4)(b)(1), "Front Setbacks ", 4.4.13.(F)(4)(c)(1), "Building
Frontage ", 4.6.9(1))(3)(c)(1), "Stacking Distance ", 6.1.3(13)(1)(f), "Sidewalk Design
Requirements" and 4.6.18(13)(14)(iv)(2), "Windows and Doors ", pertaining to the Delray
Beach Fairfield Hotel, located on the south side of West Atlantic Avenue, between S.W.
9th Avenue and S.W. 10th Avenue. (Quasi - Judicial Hearing)
Mayor Carney asked the Commission to disclose their ex parte
communications. Mr. Frankel stated he spoke to Vin Nolan this morning. Mrs. Gray
stated she received a telephone call from Vin Nolan but did not speak to him. Mayor
Carney stated he spoke with a representative of the developer. Ms. Morrison stated she
received an email from Diane Colonna. Mr. Jacquet stated he spoke with Jeff Costello of
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the CRA and Jim the developer. Mayor Carney stated he spoke to Jeff Costello.
Paul Dorling, A1CP, Director of Planning and Zoning, entered the
Planning and Zoning Department project file #2013 -040 into the record.
Mr. Dorling stated this request is for six (6) waivers associated with the
Delray Beach Fairfield Hotel and its proposed location between S.W. 9th Avenue and
S.W. 10"' Avenue on the south side of Atlantic Avenue. Mr. Dorling stated the six (6)
waivers are explained in detail in the staff report; the first three (3) waivers relate to
waivers to setbacks. He stated the fourth waiver relates to waivers to setbacks and there
is a waiver to stacking distances to the parking lot a reduction to 14 feet and 11 feet
where 50 feet is required when there are dual entries. Mr. Darling stated there is a waiver
for the sidewalk design in the CBD; 8 feet is required; 5 feet is proposed. Staff
recommends approval subject to the 8 feet portion of the sidewalk to be extended
wrapping around on 9th and 10th to the driveway. He stated there is also a waiver to the
amount of transparency and the transparency issue requires 75% relating to retail uses
when there is a hotel where privacy is necessary.
At its meeting of February 27, 2013, the Site Plan Review and Appearance
Board (SPRAB) recommended approval with a 5 to 0 vote.
Larry Abbo, Prime Hospitality Group, 4651 Sheridan Street, Suite
4480, Hollywood, FL 33021 (applicant), stated he is happy to be before the Commission
and hopefully nearing the final stages of approval. Mr. Abbo stated he is present for any
questions the Commission may have regarding the project.
Ms. Morrison commended the applicant for his patience over the past
three years.
Mr. Jacquet thanked the applicant and his team for being interested in
developing in Delray Beach and he appreciates the time that Mr. Abbo has taken to work
with the community, the City, the CRA and all the different partners.
Mayor Carney asked Mr. Abbo to provide an update on how they work
with the Police Department. Mr. Abbo stated they have gone back and forth on a
number of ideas with the Police Department. He stated there is some hesitation as to
what to expect with regards to potential crime issues, etc. Mr. Abbo stated they made
some commitments as far as security, detail of staff and camera requirements. Mayor
Carney stated he is very happy that Mr. Abbo stuck with us.
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. Jacquet moved to adopt the Board Order as presented, seconded by
Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor
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Carney Yes; Ms. Morrison — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion
passed with a 5 to 0 vote.
At this point, the time being 7:03 p.m., the Commission moved to Item
It, the duly advertised Public Hearings portion of the Agenda.
11. PUBLIC HEARINGS:
11.A. RESOLUTION NO. 19 -13 /CONTRACT FOR SALE AND
PURC14ASE1125 N.W. 12T4 AVENUE: Consider approval of Resolution No. 19 -13, a
contract for sale and purchase, authorizing the City to sell the Neighborhood Stabilization
Program property located at 125 N.W. 12th Avenue to Azianne Zamor in the amount of
$70,000.00 or appraised value.
Thaaaytiraafsa�l
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. 19 -13 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Lula Butler, Director of Community Improvement, stated this is a request
for the Commission to approve a sale of a Neighborhood Stabilization home and noted
this is the 20th house that they have sold located at 125 N.W. 12th Avenue to Azianne
Zamor for the purchase price of $70,000 or appraised value. Mrs. Butler stated the City
was awarded $9.1 million from the State for the Neighborhood Stabilization Program
(NSP) matched with another $400,000 from the Community Redevelopment Agency
(CRA). Staff recommends approval.
Mr. Jacquet asked how the City selects the buyers. Mrs. Butler stated the
buyers are done through the non -profit partners; Delray CDC and the CLT. She
explained that they bring the eligible client to the table and the more money the City
earns it creates a revolving fund for us to purchase and sell.
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Mayor Carney declared the public hearing open. There being no one from
the public who wished to address the Commission regarding Resolution No. 19 -13, the
public hearing was closed.
Ms. Morrison applauded Mrs. Butler for placing another property on the
tax roll.
Ms. Morrison moved to approve Resolution No. 19 -13, seconded by Mr.
Jacquet. Upon roll call the Commission voted as follows: Mayor Carney — Yes; Ms.
Morrison — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion
passed with a 5 to 0 vote.
12. FIRST READINGS:
12.A. ORDINANCE NO. 07 -13: Consider a privately- initiated rezoning from
AC (Automotive Commercial) to PC (Planned Commercial) for Delray Marketplace
(former Ralph Buick Dealership property), located at 2501 South Federal Highway. If
passed, a public hearing will be held on April 2, 2013.
office.)
The caption of Ordinance No. 07 -13 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
REZONING LAND PRESENTLY ZONED AC
(AUTOMOTIVE COMMERCIAL) DISTRICT TO PC
(PLANNED COMMERCIAL) DISTRICT; SAID LAND
BEING A PARCEL LOCATED AT THE NORTHEAST
CORNER OF SOUTH FEDERAL HIGHWAY (U.S.
HIGHWAY NO. 1) AND FLADELL' S WAY (AVENUE
"F "), AS MORE PARTICULARLY DESCRIBED
HEREIN; AMENDING "ZONING MAP OF DELRAY
BEACH, FLORIDA, JANUARY, 2012 "; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 07 -13 is on file in the City Clerk's
The City Attorney read the caption of the ordinance.
Paul Dorling, AICP, Director of Planning and Zoning, stated this is a
privately initiated rezoning from AC (Automotive Commercial) to PC (Planned
Commercial) for Delray Marketplace (former Ralph Buick Dealership property), located
at 2501 South Federal Highway. Mr. Dorling stated staff feels that this is more
appropriate at this time to rezone this property to PC. He stated this was also identified in
the South Federal Highway Redevelopment Plan approved by the City Commission on
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September 20, 2012 and it indicated that a shopping center or a mixed use development
was more appropriate for this site under the PC zoning and would not be accomplished
under the current zoning.
At its meeting of February 15, 2013, the Planning and Zoning Board
considered the application to rezone the property from AC and PC and recommended
approval with a 5 to 1 vote (Franciosa dissenting, Pierre -Louis absent). Staff
recommends approval.
Mr. Jacquet stated he is looking forward to the second reading when the
public gets to speak on this item.
Mayor Carney asked why staff feels that PC is better. Mr. Dorling stated
staff feels that site is better with a mixed use development for a shopping center on that
side of the road rather than an auto related use. Mr. Dorling stated historically that has
x _gym paw ;
commercial use.
Mr. Frankel moved to approve Ordinance No. 07 -13 on FIRST Reading,
seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Ms. Morrison
-- Yes; Mr. Jacquet -- Yes; Mr. Frankel — Yes; Mrs. Gray Yes; Mayor Carney — Yes.
Said motion passed with a 5 to 0 vote.
At this point, the time being 7:13 p.m., the Commission moved back to
Item I.O.D. of the Regular Agenda.
10.1). CONDITIONAL USE REQUEST /DELRAY MEDICAL CENTER:
Consider approval of a conditional use request to increase the building height to a
maximum of 60 feet for the Delray Medical Center located at 5270 Linton Boulevard.
(Quasi - Judicial Nearing)
Mayor Carney asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose.
Paul Dorling, AICP, Director of Planning and Zoning, entered the
Planning and Zoning project file 42013 -075 into the record.
Mr. Dorling stated this is a conditional use request to increase the building
height to a maximum of sixty (60) feet for the Delray Medical Center known as the
Delray Medical Hospital on Military Trail and Linton Boulevard. He stated there is a
development application that has been submitted as part of this to construct a four -floor
building addition on the north side of the existing hospital that will contain 140 private
patient rooms. This addition will not result in additional beds because they will be
converting semi - private rooms to private rooms so the number of beds will stay the same
but these will be single bed rooms. Mr. Darling stated the improvements also include a
343 space parking garage on the north side of the hospital and a helipad on the roof of the
new hospital wing and associated parking and landscape changes associated with the
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proposed buildings. Mr. Dorling stated this was a result of a text change that the City
Commission approved on February 19, 2013 to allow this area to be one of those areas
considered for additional height up to the sixty (60) feet which was approved on March 5,
2013.
At its meeting of February 25, 2013, the Planning and Zoning Board
considered this item and recommended approval with a 6 to 0 vote. Mr. Dorling stated
there were some residents from the neighboring community (Country Lake) to the south
that had concerns over flooding which is in association with the Wal -Mart property. He
stated residents also expressed desire to enhance buffering between the hospital property
and their subdivision. Mr. Dorling stated the applicant has met with both the community
representatives from Country Lake as well as staff and the requirements for increased
landscaping will be part of the site plan which will follow this conditional use process.
The Planning and Zoning Board also recommended as a condition of approval that the
applicant seek a Florida Green Building or LEED Certification for the building addition
(condition #3 attached to the staff report).
Colleen Walter, Urban Design Kilday Studios, 477 S. Rosemary Road
#_225, West Palm Reach, FL 33401 (applicant), speaking on behalf of Delray Medical
Center introduced the Director of Plant Operations, the Architect and the Landscape
Architect. Ms. Walter stated Delray Medical Center was originally approved in
unincorporated Palm Beach County in 1980. She stated what is here before the
Commission now is another expansion, the construction of a parking structure as well as
now a 4 -story addition that would be at the front of the building which will add 140
private rooms. Ms. Walter stated this will allow for 140 semi - private rooms to be redone
and they would become private rooms as well. She stated there will also be a new
helipad that will be located on the top of that 4 -story addition which is over the
emergency department and will facilitate trauma care being able to bring patients directly
down from the roof into the emergency department. Ms. Walter stated in LDR Section
4.3.4(J)(4)(b) which allows the Commission to consider a conditional use request to
increase height there are certain criteria that have to be met for the Commission's
consideration of that increase which includes additional building setbacks, the inclusion
of courtyards, plazas, as well as landscaping to reduce the mass of all of the proposed
facilities.
Rob Kurtaugh, Stephen Boruff Architects, gave a brief overview of the
project and stated green architecture is part of what they do.
Jonathan Haag, Landscape Architect with Kimley Horn and
Associates, gave a brief overview of the landscape elevations.
Ms. Walters stated they believe that the project complies with all the
performance standards, the required findings, and is consistent with the City's
Comprehensive Plan as well as meeting all the conditional use standards. She stated Mr.
Dorling indicated that there are three (3) conditions of approval that are included in the
proposed Board Order; the first one requires the applicant to receive site plan approval
13
03/19/13
from SPRAB, the second would be to revise the landscape plan to reflect the program
that Jonathan proposed where the required shrubs and ground cover would be planted in
the Linton Boulevard buffer but the trees would be relocated to the south buffer, and the
third condition is that the applicant has requested to look into obtaining Florida Green
Building or LEED Certification.
Mayor Carney stated if anyone from the public would like to address the
Commission regarding the conditional use request, to please come forward at this time.
Robert Gamer, 1443 North Ocean Boulevard, Delray Beach, FL
33483, supports the conditional use and feels that not only does the concept make sense
but it adds a great deal of value to the City of Delray Beach. He urged the Commission
to approve this project.
Then- 'ne -J-?u nn e Plop frnm t1gi-. n,fhlip. -wll n iAA0iPd1 tea nd11.rJ1-rnsR f�e
Commission, the public hearing was closed.
Mr. Jacquet supports the conditional use.
Ms. Morrison asked if the photometric issue has been addressed in the
parking lot because this was a condition early on (Item #3 under the original condition),
Ms. Walters stated the lighting engineer met with Scott Pape, Senior Planner and they
will be resubmitting plans this Friday to go to SPRAB.
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. Jacquet moved to adopt the Board Order approving the conditional
use subject to three (3) conditions listed in the staff report, seconded by Mrs. Gray. Upon
roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs.
Gray Yes; Mayor Carney -- Yes; Ms. Morrison — Yes. Said motion passed with a 5 to 0
vote.
10.E. JOB CREATION INCENTIVE AGREEMENT/ ALDRIDGE
CONNORS LLP.: Consider approval of a Job Creation Incentive Agreement with
Aldridge Connors LLP, for the creation of 250 new and existing jobs to Delray Beach
office space on the Innovation Corridor, with a maximum five -year grant of $200,000.00.
Vin Nolan, Economic Director of the Community Redevelopment Agency
(CRA), stated this is a Job Creation Incentive Agreement with Aldridge Connors, LLP to
move their offices from Boca Raton to Congress Avenue at the Arbors. Mr. Nolan
introduced Zakia White representing the senior partners of Aldridge Connors (LLP). Mr.
Nolan stated at the February 18, 2013 meeting the CRA brought this application before
the Commission and their recommendation that the CRA provide them with an incentive
under the recently created Job Creation Incentive Program. Mr. Nolan stated the City
14
03/19/13
Commission directed the CRA to go back and craft the final language that would be
approved. He stated the CRA worked with the City Attorney's office, the Manager, and
assistance from Palm Beach County's office of Economic Sustainability and created an
incentive that provides them for the 250 job commitment to take 40,000 square feet in the
Arbors and pay $200,000 to be paid out over a 5 year period beginning in September.
Mr. Nolan stated during the early negotiations they discussed the $250,000 that the
Commission had authorized; however, he did an analysis of the overall spread of salary
levels in the jobs and concluded that the $800.00 per job is the appropriate number and
negotiated that with the firm.
Mr. Frankel stated these monies previously approved by the City
Commission will spur other businesses not only in the Congress Avenue area but West
Atlantic Avenue area as well. Mr. Frankel thanked Mr. Nolan for his efforts.
Mrs. Gray stated she is a little disappointed that the Commission cannot
put any type of language in the agreement that makes sure we have these jobs in five
years. Mr. Nolan stated there is language in the agreement and the issue that they worked
to resolve is that they originally intended to front and load the incentives with a Surety
Bond or Letter of Credit. He stated what they agreed upon with the firm is a slower
payout and they will be earning as they go over time. Mr. Nolan stated their window is
only about $40,000 at any point in time over what they have earned versus what they
have paid. Mrs. Gray asked how many new jobs they will be bringing. Mr. Nolan stated
there are 180 current jobs that are in Boca Raton and they are committing to creating an
additional 70 by September 2014. He stated if they do not validate 250 jobs the grant
will come down from there accordingly. Mrs. Gray asked who will be monitoring it. Mr.
Nolan stated he will be monitoring this. Mrs. Gray thanked Mr. Nolan and stated this is a
good example of a public /private partnership.
Ms. Morrison stated 35% of these jobs are at or above the average income
of $46,000; so 88 jobs. She asked if they report every six (6) months on their hiring and
number of employees. Mr. Nolan stated they will be required to do a filing in September
to create the initial wave of jobs and they have to file a report then in order to receive
their initial compensation then a year later they will file for their second payment and
there is an annual maintenance process going forward before they receive their annual
payment. Ms. Morrison thanked Mr. Nolan for bringing these jobs to Delray Beach.
Mr. Jacquet thanked Mr. Nolan for his efforts and stated out of 250 jobs
180 of them currently exist so they anticipate adding 70 jobs. Mr. Nolan stated the larger
element of their firm is in Atlanta, Georgia and they may be moving some additional
elements from there but they anticipate growing to 250. Mr. Jacquet asked why we are
not paying for 70. Mr. Nolan stated they are paying for the 180 jobs to relocate as well.
Mr. Jacquet thanked Mr. Nolan for his efforts. Mr. Jacquet asked how far
along are we in actually conducting interviews in the local community and with these 70
new positions do we have an indication of how many people we will be hiring from the
local area or will we be bringing in sixty (60) more people from Boca. Mr. Nolan stated
15
03/19/13
there is no preference and there is encouraging language in the agreement that they want
to see hiring from the local community.
Mrs. Gray stated not only on a Federal level have they lost dollars but we
lost them here too in the CRA district.
Ms. Morrison stated she googled this company and there are over 1,000
attorneys in 4 or 5 states and noted this is not a small stark -up company and this is a real
live acting growing law firm.
Mayor Carney stated cities need to invest to bring jobs and this is a very
good start.
Ms. Morrison moved to approve the Job Creation Incentive
Aspreernent /All -60o,e Con -nors, T,T.P, secnrnOed by Mrs. Gray- Upon roll call the
Commission voted as follows. Mr. Frankel — Yes; 1`+/irs. Gray — Yes; Mayor Carney —
Yes; Ms. Morrison — Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote.
10.F. REQUEST FOR PROPOSALS (RFP) RESPONSES FOR BOND
COUNSELING SERVICES: Consider approval of the Selection Committee's ranking
of the Bond Counsel Services (RFP# 2013 -32) responses short list and provide
authorization to enter into a contract.
David Boyd, Finance Director, stated the purpose of this RFP is to secure
legal counsel for financing that is related to the beach renourishment and the Federal
Highway Beautification Project. Mr. Boyd stated these projects will have an estimated
net financing of about $10 million (either bond issuance of bank financing). He stated
the requested contract term is three (3) years with three (3) one -year options. Mr. Boyd
stated four (4) firms responded to this RFP; two provided the required information; two
responded with a non -bid letter. Mr. Boyd stated on March 8, 2013, the evaluation
committee in a public meeting used the following criteria to form their recommendation
to the Commission. He stated the committee looked at each firm's experience and
capabilities, looked at their approach and understanding, looked at the qualifications of
their key personnel and the actual pricing bids that they submitted. Mr. Boyd stated the
committee ranked each firm according to the criteria and Greenberg Traurig has the
highest score and the Committee recommends the selection of Greenberg Traurig as
Bond Counsel with a three (3) year contract and three (3) one -year options. Mr. Boyd
stated staff is adding in the one three (3) year options because it gives the City flexibility
because the City can choose to do it or not, the City's Treasurer is one -year away from
retirement and she can choose to retire or continue working but if she chooses to retire in
2 -3 years and the Finance Department has to hire a new treasurer this gives that person
time especially if staff is involved in another financing project to work with experienced
counsel.
Mr. Jacquet clarified that the City can choose not to renew without cause.
In response, Mr. Boyd stated this is correct. Mr. Jacquet asked why there were not more
16
03/19/13
than two firms to choose from. Mr. Boyd stated that was all the submitted bids and two
of them issued "no bid" sheets.
Ms. Morrison stated the City sent out an RFP and only received four (4)
responses. Mr. Boyd stated this is correct. Mr. Boyd explained that this project is not a
big project in terms of fees that are going to be generated.
Mayor Carney noted that in the contract the City Manager has the right to
make the recommendation to renew the contract. Mayor Carney stated any renewals
need to come back to the Commission and feels that this was a problem the City had with
some contracts last year where the City Manager retained the right. Mayor Carney stated
if there is going to be a renewal it really has to come back before the Commission.
Mayor Carney recommended that the contract be modified to provide that the renewals
come back to the Commission first. It was the consensus to modify the contract as
discussed.
Ms. Morrison moved to approve the contract as amended, seconded by
Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor
Carney --- Yes; Ms. Morrison — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion
passed with a 5 to 0 vote.
10.G. APPOINTMENT TO THE GREEN IMPLEMENTATION
ADVANCEMENT BOARD: Appoint one (1) alternate member to the Green
Implementation Advancement Board to serve an unexpired term plus a two year term
ending July 31, 2015. Based upon the rotation system, the appointment will be made by
Commissioner Morrison (Seat 41).
Ms. Morrison moved to appoint Walter Cornell as an alternate member to
the Green Implementation Advancement Board to serve an unexpired term plus a two (2)
year term ending July 31, 2015, seconded by Mr. Frankel. Upon roll call the
Commission voted as follows: Mayor Carney -- Yes; Ms. Morrison -- Yes; Mr. Jacquet —
Yes; Mr. Frankel — Yes; Mrs. Gray Yes. Said motion passed with a 5 to 0 vote.
10.H. APPOINTMENT TO THE BOARD OF ADJUSTMENT:
Appoint one (1) alternate member to the Board of Adjustment to serve an unexpired term
plus a two (2) year term ending August 31, 2015. Based upon the rotation system, the
appointment will be made by Commissioner Jacquet (Seat #2).
Mr. Jacquet moved to appoint Jess Sowards as an alternate member to the
Board of Adjustment to serve an unexpired term plus a two (2) year term ending August
31, 2015, seconded by Mr. Frankel. Upon roll call the Commission voted as follows:
Ms. Morrison — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor
Carney Yes. Said motion passed with a 5 to 0 vote.
17
03/19/13
10.I. APPOINTMENT TO THE CIVIL SERVICE BOARD: Appoint one
(1) regular member to the Civil Service Board to serve a two (2) year term ending April
1, 2015. Based upon the rotation system, the appointment will be made by Mayor Carney
(Seat #5).
Mayor Carney stated he wished to reappoint Larry Zalkin as a regular
member to the Civil Service Board to serve a two (2) year term ending April 1, 2015.
Mr. Frankel so moved, seconded by Mr. Jacquet. Upon roll call the Commission voted as
follows: Mr. Jacquet — Yes; Mr. Frankel -- Yes; Mrs. Gray; Mayor Carney — Yes; Ms.
Morrison Yes. Said motion passed with a 5 to 0 vote.
At this point, the time being 7:58 p.m., the Commission moved to Item
13, Comments and Inquiries on Non - Agenda Items from the City Manager, City
Attorney and the City Commission.
13. COMAENT'S AND !NQUIRIES ON NON- AGENDA ITEMS.
O.A. City Manager
Douglas E. Smith, Interim. City Manager, had no comments or inquiries on
non - agenda items.
13.11. City Attorney
The City Attorney had no comments or inquiries on non - agenda items.
13.C. City Commission
13.C.1. Mr. Jacquet
Mr. Jacquet announced that there will be a Unity Bike Ride on March 30,
2013 starting at City Hall at 8:30 a.m. He stated those who are interested need to bring
their own bicycles and noted it is about fitness, family, fun and community unity.
Secondly, Mr. Jacquet stated he was at the first block of East Atlantic
Avenue and it was 4:02 p.m. and he went to pull up and there were chairs already put in
the parking spots blocking them. He stated the valets need to adhere and respect their
time of 5:00 p.m. because these are parking spots for the public.
Mr. Jacquet stated in front of Cut 432 he received information that by the
electric box there are 4 -5 blocks that are lower than grade and business owners have said
that people have tripped there and one individual actually fell. Mr. Jacquet stated he took
photos and can provide them to the Commission.
Lastly, Mr. Jacquet acknowledged Commissioner Elect Shelly Petrolia and
one of the community leaders who ran as well Alexander Christopher.
18
03/19/13
B.C.2. Ms. Morrison
Ms. Morrison stated the St. Patrick's Day Parade was great and
commended Nancy Stewart.
Ms. Morrison stated she met with the YMCA and they are proposing that
they use the City's recreation ground on Congress Avenue and Lake Ida Road for the
YMCA. She stated she was surprised that they wanted the City to donate the ground,
build the building at the City's expense, and they want to charge Delray residents to use
it.
Lastly, Ms. Morrison announced that she will not be present at the Annual
Organizational meeting on March 28, 2013. Therefore, Ms. Morrison thanked the
Commission for being cordial and kind to her and she appreciates the opportunity to
serve on the Commission.
B.C.3. Mr. Frankel
Mr. Frankel stated when he left the last Commission meeting he saw two
high end cars at 75 Main valet parked and one high end car at Gol/Cut 432 parked up the
side street.
Secondly, Mr. Frankel commented about the St. Patrick's Day Parade and
stated before the parade he walked up and down the Avenue with officers from the Police
Department and saw people reserving large spaces with "please do not cross" tape; one
restaurant selling chairs and alcoholic beverages in their location at the parade line. He
expressed concern about the overflow of garbage in the garbage receptacles and heard a
lot of complaints that it has turned into a fire truck parade. Mr. Frankel stated the parade
has expanded greatly over the last couple of years and stated he does not feel it is
appropriate that people get there at 8:00 a.m. and rope off large areas with police tape.
Mr. Frankel stated Assistant Chief Goldman stated that in the future his preference is that
the City not waive the open container ordinance from 2:00 -4:00 p.m. Mr. Frankel stated
he was informed by Assistant Chief Goldman that there is only 3035 officers that are on
this route to handle 100,000 plus people.
There being no further business, Mayor Carney declared the meeting
adjourned at 8:13 p.m.
City Clerk
19
03/19/13
ATTEST:
A
MAYOR
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 March 19, 2013, which Minutes were formally approved and adopted by the City
Commission on April 16, 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.
20
03/19/13
IN THE CITY COMMISSION
CHAMBERS OF THE. CITY OF
DELRAY BEACH, FLORIDA.
ORDER OF THE CITY COMMISSION
OF THE CITY OF D.ELRAY BEACH, FLORIDA
CONDITIONAL USE REQUEST FOR THE SOUTH:GATE MOTEL
1. This conditional use request has come before the City Commission on
March 19; 2013:
2. The, Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the conditional Use request for the
Southgate Motel_ All of the evidence is a part of: the record in this case. Required
findings are made in accordance with Subsections I and 11..
I. COMPREHENSIVE FLAN
a... Comprehensive Plan - Future Land Use and Map: Is the future use and
intensity of the development consistent with the future land use map and
comprehensive plan and is it appropriate in terms of soil, topographic, and other
applicable physical considerations, complementary to adjacent land uses, and fulfills
remaining land use needs?
Yes No -/
b -_ Concurrency: 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 needs of the requested land use and /or 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 concu:rrency requirements met as respect to water, sewer;
drainage, streets and .traffic, parks, open space, solid waste and
schools?
Yes ✓ No
1[, LDR REQUIREMENTS: Pursuant to LDR Section 4.4.9(D)(9), hotels and
motels are listed as allowable conditional uses.
March 19, 2013 City Commission Meeting; Item 1 0.A.
a. LDR Section '2AUEj Required Findin.as: (Conditional Use): .Pursuant
to Section 2.4.5(E)(5).,, in :addition to provisions of Chapter 3, the condifional us6 will not:
is Piave a sigr>ificantlyd'etrimental effect upon the stability* of the
neighborhood Within Which it will ire located;
ii, Nor that,t will hinder development or redevelopment of nearby
properties.
Will Sectiai 2 4.5(E)(b) be met subject to the attached conditions?
Yes ✓ No
3. The co meats: and notes set forth in the staff report: are hereby
incorporated herein.
4. The City Comnlission 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.
6.. Based on the entire record before it, the City Commission approves.
denies.. V' the conditional use request subject to the conditions of approval
attached hereto in Exhibit "A "_ The City Commission hereby adopts this Order this 19th .
day of March 2013; by a vote. of 3: in favor and Z oppose .
Mayor
ATTEST
Ch.evelle Nubin
City 'Clerk
2
March 19, 2013 City Commission Meeting; Item 10.A.
EXHIBIT "A
CONDITIONS OF APPROVAL FOR SOUTHGATE MOTEL
1 _ Prior to building permit issuance,. a Class IV Site Plan Modification application
shall be submitted .and approved by the Site Plan Review and Appearance
Board. (SPRAB) with all conditions met and certified plans approved by the
Planning. & Zoning Director.
2. Per LDR Section 4.6.9(C)(7)(e), hotels and motels shall' provide 10 spaces
per 1,00.0 sq,. ft. of floor area devoted to restaurants and lounges. No less .
than two (2) parking spaces shall be required to accommodate the '1.66 sq. ft.
on -site B reakfasttRestau rant facilities. It appears the common area square
footage has been omitted.
3. The site data chart shall reflect that required parking is estimated at twenty -
one (21.). spaces and shall separate the parking data chart to demonstrate
required parking for the rooms at 0.7 spaces each from the common areas at
10 per 1,000 sq. ft.
4. Pursuant to LDR Section 4.6.9(G)(1)(g), up to a maximum of 30 % of the
required parking for any' use may be designated as compact spaces. The
required' parking is 21 spaces, so a maximum of six (6) compact spaces are
allowed.. Seven. (7) compact spaces are proposed which is not.in compliance.
Modify plans: to convert one (1) compact space to standard.
5: Since the one-way drive aisle adjacent to the angled parking spaces is 15' it
is presumed that the angled parking. spaces measure 45 degrees. The
proposed angle of the parking' spaces shall be specified on the site plan and
an angled parking space detail shall be provided. [See LDR Section
4.6.9 (D) (4) (e) (Parking Lots Detail RT 4.1) Page 4,6 -40.1
6. Since twenty -one .(21) spaces are required and twenty (20) spaces are
provided, one (1) additional standard parking space is required. Consider
relocating. the elevator to south of Unit #12 in order to accommodate one (1)
additional on -site parking space. Otherwise, at least one (1) unit may have to
be eliminated in order to reduce the parking requirement back down to the
twenty (20) on -situ parking spaces currently proposed.
7. Pursuant. to the Lift Station Easement (ORB' 6060, PG 1442) you will need
expressed written consent to construct within' this area. Proposed
construction of two (2) rear' access driveways along Old Dixie Highway is
applicable. Please provide proof of consent accordingly.
March 19, 2013 City Commission Meeting; Item 1D.A.
;8. The abandoned 5' Limited Access Easement (ORB 5571, P.IG 761) shall be
recorded with Palm Beach County. The survey and. site plan shall be
modified to reflect its removal. This shall be a condition of approval_
9: Provide Written confirmation from FD OT that no additional right -of =way is
required along North Federal Highway. Documentation shall be on FDOT
letterhead and. provide contact information for designated staff reviewing the
development proposal,
1 D;; P[ovide written confirmation from FDOT than no new sidewalk or. expansion is
required along North Federal .Highway. Documentation shall be, on FDQT
letterhead and provide contact information for designated staff reviewing the
development proposal.
the development proposal meets streets and; rafific standards..
12, All plans shall: reflecf the: twenty foot (20') right -of -way dedication along old
Dixie Highway: and graphically depict the new rear (west) property line
location AFTER right -of -way dedication:
1.3: Along Old Dixie: Highway, the DSMG (Development. Services Managernent
Group) has. recommended to the 'City Commission that a five foot (6)
sidewalk deferral agreement be processed and 'approved prior to.' building
permit issuance_.
14_ Along Old Dixie Highway, the DS.MG• (Development Services Management
Group)' has recommended to the City Commission that a twenty toot (20')
right -of -way dedication be processed and approved via deed agreement prior
to building' permit issuance.
15. Pursuant to the definition of motel, no. provisions; for cooking can be provided.
The ten (10) existing motel units have stoves and full -site refrigerators. All of
these items are more characteristic of permanent housing versus transient
motel use.. It is noted that the proposal would not meet several LDR
reqWements related to permanent housing ihcluding unit size or density.
These• items are to be removed with. the renovation' of these. Units and prior to
issuance of a:certification of occupancy for the motel expansion..
M No 220 volt circuit electrical outlets ;(with the exception of A/C` units), will be-
provided within the individual motel rooms that could be utilized to
accommodate full -size appliances
17. In the two -story unit with an attached garage,; full- size electrical appliances .
are prohibited. Should the two -,story unit be' utilized as an on -site manager's
residence, then it must. be entirely detached from the resulting twenty -six (26)
unit motel.
4
March 19, 2013 City Commission Meeting; Item 10.A.
`f 8. No medical o.r counseling services of any kind: shall be offered or allowed on-
site.
March 19, 2013 City Commission Meeting; Item 1O.A.
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
ORDER OF THE CITY'COMUIMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
WAIVER' REQUESTS FOR DELRAY BEACH FAIRFIELD INN. HOTEL PROJECT ON
WEST ATLANTIC AVENUE
2013,
1 These waiver requests came before the City Commission on March 19
2. The; Applicant and City staff' presented: documentary evidence and
testimony to the City Commission pertaining to the waiver request for the .Delray Beach.
Fairfield Hotel on the south side of West Atlantic Avenue between S.W. 9 h Avenue and
&W. 10th Avenue- All of the evidence is a part. of the record in this case. Required
findings are made in accordance with Subsection I.
I. WAIVERS: Pursuant to LDR'Sectio.,n 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; arid,
(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:.4.13(F)(4)(b)(1).
Pursuant to LDR Section 4.4.13(F)(4)(b)(1), for a height from finished
grade to 37 feet (37'), .a minimum of seventy percent (70 %Q) and a:
maximum of ninety percent (90 %) of the building: frontage shall be set
back no greaterthan ten feet (10) from the property line.
The applicant is asking for a. waiver to allow a '181 feet (181 ') of building
frontage along Vilest Atlantic Avenue to be set back no greater than ten .
feet from the property line. A minimum of 196 feet (196 ') of building
frontage is required to be set back no greater than 10 feet (10 ').
March 19, 2013 City Commission Meeting; Item 1 0.C.
Should the waiver to Section 4.4.13(F)(4)(b)(1) be granted?
ye S -,./ No
B. Waiver to LDR Section 4.4.13(FU4)(d) (1)
Pursuant to LDR Section 4.4.13(F)(4)(9)(1), f6r 8 height from finished' grade
to 215 feet (2.5.), a minimum of seventy percent (70%) and a. maximum of
ninety mcent 900A).6..f. the building, frontage
shall. be set back no greater
than ten feet (10 from the property line,
Ere n n ?- 'h ?=r 4e. CIE f�p2! e
frontage along SW 9'-" Avenue to be set back no greater than ten feet
(10) from the: property line.. A minimum of 252 feet (252') of building
frontage is required to be set back no greater than 10 feet: (10.')..
Should the waiver to Section 4.4.13(F)(4)(e);(1) be granted?:
Yes No
C. Waiver to LDR Section 4.4,1
Pursuant to LDR Section 4-4,13(F)(4)(c)(1),: for height from finished grade
to 25 feet.(25'), a minimum of seventy percent (70%) and a maximum of
ninety percent (90 %) of the building frontage: shall hall be setback no greater
than ten feet (10'). from the property line,
The applicant is asking for a waiver to allow a zero feet (0): of building
frontage along S.W. 1.6th Avenue to be set, back no greater than ten feet;
(10') from the property line, A minimum of 112 feet (1.12'): of building
frontage is required to be set back no cireater. than 10 feet (10').
Should the waiver to Section 4.4.13(F)(4)(c) (1) be granted?
Yes ✓ No
11
March 19, 2013 City Commission Meeting; Item 1 O.C.
D Waiver to LDR Section 4.6:90)(3) (cV1.)
Pursuant to. LDR Section 4,6.9(D)(3)(c)(1:), the 'minimum stacking distance
between a right-of-way and the first parking space or aisle way in a
parking lot that contains 51 or more spaces is fifty feet (50')..
The applicant is asking for a waiver to allow a, minimum stacking distance
of 11 feet (11') for the western access driveway and 14 feet (14') for the
eastern access driveway.
Should the waiver. to Section 4.6.9(0)(3)(x)(1) be granted.?
Yes ✓ No
E. Waiver to LDR.Section 6.1.3(B }(1)(f1.
Pursuant to. LDR Section 6.1.3(B)(1)(0, the required width of the sidewalk
in the Central .Business District (CBD) is 8 feet (8');.
The. applicant is asking for a waiver to allow the portion of the sidewalk.
along S.W. 10th Avenue and S.W. 9th Avenue from the rear parking lot'
access driveway to the south property line to be 5 feet (a'). The sidewalk
along SM. 10th Avenue and S.W. 9th .Avenue from West Atlantic Avenue
to rear parking lot access driveway will be 8 feet (S').
Should the waiver to Section 6.1.3(B)(1)(f), be granted?
Yes ,/ No
F'. Waiver to LDR Section 4.6.1.8(13 14 iv 2'
Pursuant to LDR Section 4-6.18(B).(1'4)(iv)(2), the minimum transparency
or glass surface area on the ground floor wall area of all non - residential
and mixed -use buildings shall be a minimum of 75 percent (75 %) of the
wall area for that elevation.
The applicant is asking for a waiver to allow a minimum transparency of
25 percent (25%) for the West Atlantic Avenue elevation, a minimum
transparency of 4 percent (4 %) for the S.W. 10th Avenue elevation, and a
minimum transparency of 4 percent (4%) for the S.W. 9th Avenue.
elevation.
3
March 19, 2013 City Commission Meeting; Item 10.C.
Should the waiver to Section 4.6.18(13)(14)(iv)(2) be .granted?
Yes v�' 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 corisistentwith 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 f - denies T the waiver requests
6. Based on the entire record before it, the City Commission hereby adopts
this Order this 19th day of March 2013:, by a vote. of in.. favo n 0 op sel.
ATTEST:
Chevelle .Nubia, City Clerk.
rd
Mayor
March 19, 2013 City Commission Meeting; Item 1 0.C.
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH; FLORIDA
CONDITIONAL USE REQUEST FOR DELRAY MEDICAL CENTER
5270 LINTON BOULEVARD
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. This conditional use request has come before the. City Commission on
March 19; 2013. This conditional use request is to allow an increase in the building
height to a maximum of 00 feet for the Delray Medical Center located at the southwest
corner of Military Trail and Linton Boulevard (5270 Linton Boulevard):.
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 the Delray Medical Center: All of the evidence is a part of the record in this
ease Findings that are required pursuant to L.D.R. Section 3.1.1 are made in Sections
I and II below,
I, COMPREHENSIVE PLAN
a. Comprehensive Plan - Future Land use Element Obiective A 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 soil, topographic, and other
applicable physical considerations, is complementary to adjacent land uses, and fuI iilis
remaining land use needs.
Is this objective met?
Yes V" 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
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March 19, 2013 City Commission Meeting; Item 1 U.D.
Map'. The subject property has a Future Land, Use Map designation of Community
Facilities (CF) and is zoned Go,rnmunity Facilities (CF);
Future Land Use Is. project's proposed Ideation consistent With t1he
Future Land Use Maps
Yes; ✓ Nd
c; Concurrenc : Facilities which are provided by; or through, the City
shall be provided to new developrhent concurrent with, issuance of a: Certificate ° :of
Occupancy. These facilities shall be provided pursuant to levels of service established.
m Fx
Concurrency. as defined pursuant to Objective B -2 of the Land Use Element .of
the Comprehensive Plan must be met and a determination dude that the public facility
needs of the requested land use a . dlor 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: coneurre.ney requirements 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 Cohsi5tent with
and. further the goals and policies of the Comprehensive Plan?
Yes No.
IL LDR REQUIREMENTS'
a. Section 2.4.5 E 5 re uires certain fndin s: The conditional use will
root;
I. Have a' significantly detrimental effect' upon the stability of the
neighborhood within which it Will be located;,
Z Hinder development or redevelopment of nearby properties.
Has this requirement been. met?
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March 19, 2013 City Commission Meeting; Item 1 0.D.
Yes
No
3. The City Gommission has applied the Comprehensive Plan and LDR
requirements inexistence at the time the conditional use application;was submitted,
4. The Cite 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 riot limited to the staff reports and testimony of witnesses
supporting these. findings,
S. Based 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 19th day of March; 2013, by a uofe of
5 in favor and 0 opposed.
ATTEST:
Chevelle Nubin
City Clerk
3.
Mayor
March 19, 2013 City Commission Meeting; Item 1 0.D.
EXHIBIT "A "'.
Conditions Related to the .Conditional Use Request for Delray Medical Canter
1..: Approval of a sic plan by SPRAB. that is in gerieral conforniame, to the submitted sketch plan;
I That the landscape plan be re'Used to.addiess code: deficiencies andi Provide enbanced :buffering
atongAe south boundary..
3. That the applicant is re q uested to look into obtain ing .Florida
Green Building or. LEED
certi cation status for the building addition.
1
March 19, 2013 City Commission Meeting; Item 10.D.