02-19-13 Regular Meeting MinutesFEBRUARY 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, February 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 - Douglas E. Smith, Interim City Manager
Brian Shutt, City Attorney
Chevelle D. Nubin, City Clerk
2. The opening prayer was delivered by Rabbi Randy Konigsburg with
Hospice of Palm Beach County.
3. The Pledge of Allegiance to the flag of the United States of America was
given.
4. AGENDA APPROV
Ms. Morrison requested that Item 8.1, Renewal of the Insurance
Agent/Broker Service ALreement /The Plastridge Agency, Inc. be removed from the
Consent Agenda and moved to the Regular Agenda as Item 10.A.A.
The applicant requested that Item S.C., Right-of-wgy Deed
Acceptance /36 S.E. 0 Avenue be removed from the Consent Agenda.
Mr. Frankel moved to approve the Agenda as amended, seconded by Mrs.
Gray. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel —
Yes; Mrs. Gray Yes; Mayor Carney — Yes; Ms. Morrison — Yes. Said motion passed
with a 5 to 0 vote.
5. APPROVAL OF MINUTES:
Mrs. Gray moved to approve the Minutes of the Meeting of December 11,
2012, 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.
02/19/13
Mr. Frankel moved to approve the Minutes of the Regular Meeting of
January 15, 2013, seconded by Ms. Morrison. 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.
6. PROCLAMATIONS:
6.A. Eatin2 Disorders Awareness Week — February 24, 2013 - March 2,
2013
Mayor Carney read and presented a proclamation hereby proclaiming the
week of February 24, 2013 — March 2, 2013 as Eating Disorders Awareness Week.
Sharon Glynn came forward to accept the proclamation and gave a few brief comments.
6.11. All People's Day ® — March 22, 2013
Mayor Carney read and presented a proclamation hereby proclaiming
March 22, 2013 as All People's Day. Susan Schwartz came forward to accept the
proclamation and gave a few brief comments.
7. PRESENTATIONS:
7.A. RESOLUTION NO. 13 -13: Approve Resolution No. 13 -13 recognizing
and commending Richard Hasko for 21 years of dedicated service to the City of Delray
Beach.
office.)
The caption of Resolution No. 1313 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING
AND COMMENDING RICHARD C. HASKO FOR
TWENTY -ONE YEARS OF DEDICATED SERVICE TO
THE CITY OF DELRAY BEACH.
(The official copy of Resolution No. 13 -13 is on file in the City Clerk's
Mayor Carney read and presented Resolution No. 13 -13 to Richard Hasko.
Mr. Frankel moved to approve Resolution No. 13 -13, seconded by Ms.
Morrison. 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.
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02/19/13
8. CONSENT AGENDA: City Manager Recommends Approval.
8.A. FINAL SUBDIVISION PLAT APPROVAL/ EAST INDIES: Approve
a proposed 4 -unit townhouse subdivision located on the west side of Venetian Drive, 72
feet south of Ingraham Avenue located at 208 and 212 Venetian Drive.
8.11. FINAL SUBDIVISION PLAT APPROVAL/1VMAISON DELRAY:
Approve a final plat for a four -lot single - family subdivision being platted as Maison
Delray for the property located at the intersection of Grove Way, N.W. 3`dAvenue and
N.W. 12d` Avenue.
8.C. THE APPLICANT HAS REQUESTED THAT THIS ITEM BE
REMOVED FROM AGENDA.
8.D. RIGHT -OF -WAY DEED ACCEPTANCE/ 307 S.E. 4TH
AVENUE: Approve acceptance of a right -of -way deed for two feet (2') of alley right -of-
way dedication for the property located at 307 S.E. 4th Avenue.
8.E. AMENDMENT NO. I TO THE AGREEMENT FOR SERVICES AT
A WORKSITE MEDICAL FACILITY /CONCENTRA HEALTH _SERVICES,
INC.: Approve Amendment No. 1 to the Agreement for Services at a Worksite Medical
Facility with Concentra Health Services, Inc. to provide certain healthcare services at the
Employee Health and Wellness Center for the Town of Highland Beach's full -time Police
Officers.
8.F. TRIPARTITE AND INTERLOCAL AGREEMENT: SCHOOL
BOARD OF PALM BEACH COUNTY/ ACHIEVEMENT CENTERS FOR
CHILDREN AND FAMILIES (ACCF)/ CITY OF DELRAY BEACH: Approve a
Tripartite and Interlocal Agreement with the School Board of Palm Beach County,
Achievement Centers for Children and Families (ACCF) and the City of Delray Beach
for the funding and operation of a pilot summer camp program with reading
enhancements to help further third grade reading proficiency through the campaign for
grade level reading.
8.F.I. AMENDMENT NO. t TO THE INTERLOCAL AGREEMENT/
SCHOOL BOARD OF PALM BEACH COUNTY: SHARING STUDENT DATA:
Approve Amendment No. 1 to the Interlocal Agreement with the School Board of Palm
Beach County to share student information to further the goal to increase 3rd grade
reading proficiency by 50% for low- income students attending schools located within the
City's geographic boundaries.
8.G. APPROVAL OF POLL WORKERS FOR THE FIRST
NONPARTISAN ELECTION: Approve the poll workers for the First Nonpartisan and
Special Elections to be held on March 12, 2013.
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02 /1 9/13
8.11. LANDSCAPE MAINTENANCE AGREEMENT /1127 VISTA DEL
MAR DRIVE: Approve a Landscape Maintenance Agreement with Point of Delray,
LLC for the installation of landscaping within the right -of -way at 1127 Vista Del Mar
Drive.
S8I. HOUSING REHABILITATION GRANT/ CONTRACT
AWARD: Award one (1) Housing Rehabilitation contract through the Community
Development Block Grant (CDBG) to the lowest responsive bidder, Citywide
Construction Services, Inc. for 218 S.E. 4th Avenue in the amount of $32,241.05.
Funding is available from 118- 1963 - 554 -49.19 (Neighborhood Services: Other Current
Charges /Housing Rehabilitation).
8J. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A.A.
8.K. SPECIAL EVENT REOUEST /15TH ANNUAL CINCO DE MAYO
FIESTA: Approve a special event request to allow the 15th Annual Cinco De Mayo
Fiesta to be held Saturday, May 4, 2013, from 11:00 a.m. — 12:00 a.m., on the grounds of
Delray Beach Center for the Arts; to authorize staff support for traffic control and
security, trash removal, EMS assistance, fire inspection, signage preparation and
installation, use of the small stage and use of a City generator; contingent on the receipt
of a Certification of Liability Insurance and Alcohol Liability Insurance fourteen (14)
days prior to the event and ending the event at 11:00 p.m. versus midnight. The estimated
cost of the event, which the sponsor is responsible for, is $6,495.00.
8.L. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards
for the period February 4, 2013 through February 15, 2013.
8.M. AWARD OF BIDS AND CONTRACTS:
1. None
Mr. Frankel moved to remove Item 8.C. from the Agenda, 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.
Mr. Frankel moved to approve the Consent 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 Carney — Yes; Ms. Morrison --- Yes. Said motion
passed with a 5 to 0 vote.
9. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS FROM
THE PUBLIC- IMMEDIATELY FOLLOWING CONSENT AGENDA
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9.A. City Manager's response to prior public comments and inquiries.
Douglas E. Smith, Interim City Manager, stated at the January 15, 2013
Commission meeting Carol Anderson raised some concerns about sidewalk cafes and
police presence downtown. Mr. Smith stated the City has their Clean and Safe unit
downtown with currently four officers and a sergeant assigned. With regard to sidewalk
cafes and the rules that govern the access locations of tables, etc., Mr. Smith stated the
City's ordinance requires a two foot setback whenever tables and chairs are adjacent to a
travel lane; this does not apply to areas that have street parking but all sidewalk cafes
must maintain a five (5) foot clear path for public travel which is enforced by the City.
Mr. Smith stated this provision applies to all sidewalk cafes in the City; however, there
are times when patrons at establishments will move tables and chairs thus creating part of
the issue.
Secondly, Mr. Smith stated at the previous Commission meeting there
were several individuals that spoke regarding ATV use in the City. He stated per Florida
Statutes all vehicles that are operated on public roadways must be registered with the
State; ATV's and dirt bikes due to the lack of certain safety equipment cannot be
registered in that fashion and the Police Department has responded to community
concerns from the southwest and northwest areas of reckless ATV riding through the
neighborhoods so the department developed a plan of action to address that. Mr. Smith
stated the area around the depot had been used as a riding area and some people from all
over Palm Beach County were coming to that area and once the owner was made aware
of it they decided to post "No Trespassing" signs in the area. He stated another issue is
riders that are operating the ATVs usually do not have driver's licenses. Mr. Smith stated
with regard to the seizure of vehicles some have been impounded for various reasons and
some others were impounded but were released when ownership was provided and there
has been no towing or impound fees charged to the owners in these cases. He stated
another topic discussed was having another riding area in the City. Mr. Smith stated City
staff is not aware of an area that is vacant large enough to accommodate use and that the
use would not negatively impact adjacent property owners. He stated if a site was
available one challenge would be getting vehicles to the site due to not being able to
legally operate them on a roadway and there would be potential liability or community
concerns regarding noise. Mr. Smith stated ATV use is supposed to be used only on
private properties or other riding areas that would allow such use and staff does not have
a recommended establishment of a particular riding area inside the City limits.
Mr. Smith stated with regard to Pauline Moody's comments about litter
and cigarette butts, the City initiated a program a short time ago to help address some of
the worst areas in the downtown. He stated Mr. Blum commented about the signage for
the Gateway feature and the names of the Commission and City Manager listed on that
signage. The policy has been to place the names of the Commission that were in office at
the time the project started and staff recommends proceeding that way as it is similar to
the way a building dedication is done.
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02/19/13
9.13. From the Public.
9.B.1. Gail Lee McDermott, 721 S.E. 3rd Avenue, Delray Beach, FL 33483
(Osceola Park), stated Osceola Park is working on another alley dedication and gave the
Commission an update of the alley cleaning.
Mr. Jacquet commended Osceola Park and its residents for their work in
getting these alleys cleaned up and stated the stats are astounding (29 residential
burglaries in 2011 and only 8 in 2012).
9.13.2. Pauline Moody, 609 S.W. 8th Avenue, Delray Beach, FL 33444,
commented about the Old School Square Garage retail space.
9.13.3. Alice Finst, 707 Place Tavant, Delray Beach, FL 33445, stated she has
been asked by a number of people to explain to them the issues that are on the ballot and
suggested that the Commission put an explanation on the City's website explaining what
each of the issues is and what it means to people who attend meetings and who do not
attend meetings.
Mr. Carney acknowledged the Boy Scout troop in attendance this evening.
At this point, the time being 6:39 p.m., the Commission moved to Item
IO.A.A.
10. REGULAR AGENDA:
10.A.A. RENEWAL OF THE INSURANCE AGENT/BROKER SERVICE
AGREEMENT/THE PLASTRIDGE AGENCY, INC.: Approve renewal of the
Insurance Agent/Broker Service Agreement for property and casualty insurance with The
Plastridge Agency, Inc. for an additional one year period beginning October 1, 2013.
Ms. Morrison suggested that this issue be put out for bid or set aside until
the new manager takes over.
Bruce Koeser, Human Resources Director, stated the City has had an
agreement with Plastridge since 2008 and noted it was a three (3) year agreement with
three (3) one -year options. Mr. Koeser stated they are contracted with the City to handle
City's property and casualty insurance. He stated Plastridge and FMIT insurance
together have saved the City hundreds of thousands of dollars a year each year besides
premiums staying relatively flat. Mr. Koeser stated the City received a rebate check in
the amount of $25,000,000 each year for these last few years. Mr. Koeser stated the
commissions that the City contracted with Plastridge for have remained under the
$125,000 according to the contract which is something that the City had an issue with
prior to Plastridge. Mr. Koeser stated this will be up in 2014 and at that time the City
would go out for an RFP.
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02/19/13
Mr. Frankel stated the City Commission had received major criticism
about renewing a beach contract and renewing a waste management contract and inquired
to why this would be any different.
Mr. Jacquet asked how much this contract costs the City. Mr. Koeser
stated approximately $1.3/$1.4 million. Mr. Jacquet stated he understands that the three
one -year renewals end and concurs with comments expressed by Commissioner Morrison
that perhaps the Commission does need to take a look at that.
Mr. Smith stated that would include the premiums that the City would
pay; the actual commission to the broker is the $125,000 or less.
Mrs. Gray inquired about the rebate checks and asked why the dollars are
being returned back to the City. Mr. Koeser stated FM1T is a municipal trust of many
municipalities throughout the State and the cost of experience and the cost that the trust is
actually expending is less than what they are taking in.
Peter Arts Plastridge Insurance broker of record for the City's
municipal insurance program since 2008), stated the agreement was a three (3) year
term with three one -year renewals and explained that this is a continuation of a contract
that they currently have. Mr. Arts stated since the trust is owned by the municipalities in
Florida when we have an experience of a lack of windstorms the amount of claims paid is
drastically reduced. He stated since the City is the owner of those claims and as a trust
and not a private company that has to answer to shareholders they return that unused
premium to the City. Mr. Arts stated if there were storms the City would not have
received a return of premium but since there were not any storms the trust does not take
that as profit as other carriers might do. He stated this year the City received $265,000.
Mrs. Gray asked if Plastridge is more like a middle agent instead of us
going right to insurance. Mr. Koeser stated staff would submit an RFP for other agents
like Plastridge. Mrs. Gray asked who the insurance company was at the time the City
renewed in 2008. Mr. Babin, Risk Manager, stated Arthur J. Gallagher was the insurance
company at that time and the City has had the three (3) year contract since 2008 with the
City having the option to renew every year for three years.
Mr. Carney stated he understands this and when this came up last time he
raised the issue and it was then explained to him at that time why it was being renewed
the way it was. Mr. Caney stated he continues to be in support of bidding out
everything. Mr. Carney asked if this is the last of the three years. Mr. Koeser stated the
last of the three years would be September 30, 2014.
The City Attorney stated in 2014 it would go out for bid.
Mrs. Gray asked how long the bid process will take. In response, Mr.
Koeser stated the process will take approximately 4 -6 months.
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02/19/13
Mr. Frankel moved to approve the renewal for the year August 1, 2013 -
September 30, 2014, seconded by Mrs. Gray. Upon roll call the Commission voted as
follows: Mr. Frankel — No; Mrs. Gray — No; Mayor Carney — No; Ms. Morrison — No;
Mr. Jacquet — No. Said motion to approve renewal was DENIED with a 5 to 0 vote.
The City Attorney confirmed with the City Commission that they would
like to see this go out for a RFP (Request for Proposal).
14.A. RECONSIDERATION OF A WAIVER REQUEST FOR LINTCO
DEVELOPMENT: Reconsider a waiver request to Land Development Regulations
(LDR) Section 4.6.9(1))(3)(c)(1), "Stacking Distance ", to reduce the stacking distance
from the required fifty feet (50') for parking lots with fifty -one (51) or more spaces to
twenty -eight feet nine inches (28'9") at the northern entrance on S.W. 4th Avenue for
Lintco Development. (Quasi - Judicial Heaping)
Mayor Carney read the City of Delray Beach Quasi- Judicial Hearing rules
into the record for this item and all subsequent Quasi - Judicial items.
Mayor Carney asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose.
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Paul Dorling, A1CP, Director of Planning and Zoning, entered the
Planning and Zoning Department project file #2012 -224.
Mr. Dorling stated this is a reconsideration of a waiver to LDR Section
4.6.9(1))(3)(c)(1) to reduce the stacking distance associated with Lintco Development.
He stated this is across from what was previously the old Costco site. This request is to
reduce the stacking distance from the required 50 feet for parking lots with 51 or more
spaces to 28 feet 9 inches at the northern entrance off S.W. 4th Avenue. Mr. Dorling
briefly reviewed the site plan. He reiterated that the required distance is 50 feet of
stacking. Mr. Dorling stated at its meeting of January 15, 2013, the City Commission
voted 3 to 2 to recommend denial of the waiver. At that time, the applicant was not
present and was not able to defend his position. On February 5, 2013, the City
Commission voted to reconsider the action which is before them tonight. Based on
provision of three possible entrances and exits to the site and the fact that this also
includes a secondary northern access point from S.W. 4th Avenue the requested waiver is
supportable. The required findings of LDR Section 2.4.7(B)(5) are made and outlined in
the City Commission documents. At its meeting of November 14, 2012, the Site Plan
Review and Appearance Board (SPRAB) recommended unanimously in favor of the
request. Staff recommends approval at this time.
Gary Elionoulos, Architect of GE Architecture, 205 George Bush
Boulevard, Delray Beach, FL 33483, thanked the Commission for reconsidering this
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02/19/13
and stated the distance that they are talking about on the 28 feet 9 inches is actually not
where the parking is but is actually where the entrance is to the parking stalls to the south.
Mr. Eliopoulos gave a brief PowerPoint presentation.
Mayor Carney stated if anyone from the public would like to speak in
favor or in opposition, to please come forward at this time.
Pauline Moody, 609 S.W. $th Avenue, Delray Beach, FL 33444,
supports this project but asked if the Palm Trees have to block the building.
There being no one else from the public who wished to address the
Commission regarding the reconsideration of the waiver request for Lintco Development,
the public hearing was closed.
There was no rebuttal.
Mr. Frankel thanked Mr. EIiopoulos for his presentation.
Mrs. Gray commented about the traffic.
Ms. Morrison stated the concerns of the Commission are not addressed in
the LDRs because it concerns foot traffic, schools, children and the fact that this is a back
entry and inquired if the trucks are coming in this entrance they will probably be going
out this exit. Mr. Eliopoulos stated this is possible. Ms. Morrison expressed concern
over that corner especially when trucks have to pull out into a lane of southbound traffic.
Ms. Morrison stated all the trucks would probably want to turn this way to get back to
Linton and 1 -95 and does not believe they will want to go up S.W. 4th Avenue the other
way. Mr. Eliopoulos stated he believes they would want to get back to I -95. Ms.
Morrison stated in actuality in the operation of a shopping center she asked if these
remote areas would normally be for staff parking leaving the front parking for the
customers of the shopping center. Mr. Eliopoulos explained that there is a restaurant that
is proposed and they feel that will be servicing the restaurant and there is some parking in
another area and remote areas that is going to be for staff. Ms. Morrison stated the
shopping center is very well designed; however, she expressed concern over the traffic
coming in and out and requested that the traffic coming out would only be able to turn
and go south.
Mr. Jacquet stated the school is within 1,600 feet of the proposed project
and he sees a lot of kids walking down that sidewalk or riding their bicycles down the
sidewalk. He commented about the horrible news yesterday at 4:00 p.m. a two year old
was run over by a pickup truck on N.W. 7th (which is not a high traffic area) and the child
passed away. Mr. Jacquet stated many children live in that area and immediately
northeast of this site and the truck traffic behind the building is adjacent to those
apartments. He stated Mr. Eliopoulos has done an excellent job with the design of the
project and the presentation. Mr. Jacquet stated he does not want this to be an issue in the
future with all the cars coming in and out and cars turning in and out with the children
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02/19/13
walking and riding their bikes and for the City to say it is an isolated incident. Mr.
Jacquet stated low- income families live immediately adjacent (north) to this site and
elementary age school children walk and ride their bikes on that sidewalk every day on
the same side of the street as this development.
Mayor Carney stated turning in from S.W. 4 "' Avenue
on the northern most portion of the property and commented that there is not a problem
going in but just a problem coming out. Mr. Eliopoulos stated for clarification the
buildings that faced Tropic Isle were 10 feet off the property line and they area a
minimum of 40 feet; the apartments to the north are another 50 feet. Mr. Eliopoulos
stated they are over 150 feet in some areas and they also exceed all the parking. Mayor
Carney stated backing up onto 4ffi is less likely because if they can come in without a
problem the congestion will be interior to the project.
Mrs. Gray stated S.W. 4t' Avenue is very congested and asked why there
are not two entrances and exits on Linton Boulevard versus S.W. 4t' Avenue. Mr.
Eliopoulos stated they cannot do this because Linton Boulevard is an FDOT road.
Ms. Morrison stated she would like to add a motion to approve the waiver
request with the condition that outbound traffic can only go south.
The City Attorney stated the applicant does not agree with that condition.
Ms. Morrison stated for clarification the applicant has plenty of parking
spaces. Mr. Eliopoulos stated he has 57 parking spaces over what is required.
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).
Mrs. Gray moved to adopt the Board Order denying the waiver request,
seconded by Ms. Morrison. Upon roll call the Commission voted as follows: Mrs. Gray
— Yes; Mayor Carney — No; Ms. Morrison -- Yes; Mr. Jacquet Yes; Mr. Frankel — No.
Said motion denying the waiver request was approved with a 3 to 2 vote, Mayor Carney
and Commissioner Frankel dissenting.
At this point, the time being 7:20 p.m., the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
11. PUBLIC HEARINGS:
11.A. ORDINANCE NO. 05 -13 IRST READINGIFIRST PUBLIC
HEARING): Consider approval of a privately initiated amendment to the Land
Development Regulations (LDR) Section 4.3.4(J)(4), "Increases to Height Regulations ",
Subsection (b), "Allowances ", to allow an increase in building height to be considered for
the Delray Medical Center, located at 5352 Linton Boulevard. If passed, a second public
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hearing will be held on March 5, 2013
The caption of Ordinance No. 05 -13 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES, BY
AMENDING SECTION 4.3.40, "HEIGHT ",
SUBSECTION (4), "INCREASES TO HEIGHT
REGULATIONS ", SUBSECTION (b), "ALLOWANCES ",
TO ALLOW AN INCREASE IN BUILDING HEIGHT TO
BE CONSIDERED FOR DELRAY MEDICAL CENTER;
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 05 -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.
Paul Dorling, AICP, Director of Planning and Zoning, stated this is a
privately initiated amendment that will add the Delray Medical Center campus to the list
of areas eligible to request an increase in maximum allowed height up to 60 feet. Mr.
Darling stated the tower will add 140 private patient rooms and although it will not
increase the 280 bed capacity of the facility but it will be to transition from semi- private
to private rooms. The request has two primary reasons; first they are land locked and
require additional land and secondly due to the building code ventilation and structural
requirements "Hospitals" have a significantly greater floor to floor ratio and there is a
significant space between 6 and 8 feet between the floors to allow for easy access for
ventilation and other apparatus necessary for the hospital.
At its meeting of January 29, 2013, the Planning and Zoning Board
recommended approval. Staff recommends approval.
Mayor Carney declared the public hearing open.
Colleen Walters, Urban Desien Kildav Studios. 477 S. Rosemary
Avenue #225, West Palm Beach, FL 33401, speaking on behalf of Delray Medical
Center, stated it became apparent during the planning that the 48 foot height limitation in
the CF district was not going to allow for the expansion that was needed in the height of
the building so they can convert to private rooms and also meet their trauma facility.
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There being no one else from the public who wished to address the
Commission regarding Ordinance No. 05 -13, the public hearing was closed.
Ms. Morrison moved to adopt Ordinance No. 05 -13 on First Reading /First
Public Hearing, 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.
11.B. ORDINANCE NO. 02 -13: Consider an amendment to Section 91.22,
"Prohibiting Dogs in Public Buildings, Places of Business ", in order to allow service
dogs in public buildings or places of business in accordance with the Americans with
Disabilities Act.
The caption of Ordinance No. 02 -13 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, BY AMENDING SECTION
91.22, "PROHIBITING DOGS IN PUBLIC BUILDINGS,
PLACES OF BUSINESS ", IN ORDER TO ALLOW
SERVICE DOGS IN PUBLIC BUILDINGS OR PLACES
OF BUSINESS, PROVIDING A GENERAL REPEALER
CLAUSE; SAVING CLAUSE; AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 02 -13 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance and stated it makes
the City ordinances in compliance with the ADA to allow service dogs to be in public
buildings and places of business.
A public hearing was held having been legally advertised in compliance
with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida.
Mayor Carney declared the public hearing open. There being no one from
the public who wished to address the Commission regarding Ordinance No. 02 -13, the
public hearing was closed.
Mr. Jacquet moved to adopt Ordinance No. 02 -13 on Second and FINAL
Reading, seconded by Ms. Morrison. 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.
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02/19/13
11.C. ORDINANCE NO. 04 -13: Consider an amendment to Ordinance No.
43 -11 which revises "Section 1, Designation ", and "Section 2, Requirements of
Designation" of Ordinance No. 43 -11, and an amendment to Land Development
Regulations (LDR) Section 4.5.1(1)(13), "Local Register of Historic Places ", to provide
for a name change to "Historic Fontaine Fox House Properties" and the revised legal
description of the designated boundary.
The caption of Ordinance No. 04 -13 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING ORDINANCE NO. 43 -11 THAT
PROVIDES FOR THE HISTORIC DESIGNATION OF
THE HISTORIC FONTAINE FOX HOUSE
PROPERTIES; AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF
DELRAY BEACH, FLORIDA, BY AMENDING
ARTICLE 4.5, "OVERLAY AND ENVIRONMENTAL
MANAGEMENT DISTRICTS ", SECTION 4.5.1,
"HISTORIC PRESERVATION: DESIGNATED
DISTRICTS, SITES, AND BUILDINGS ", SUBSECTION
(1), "LOCAL REGISTER OF HISTORIC PLACES" TO
REVISE THE LEGAL DESCRIPTION, PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 04 -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.
Paul Dorling, AICP, Director of Planning and Zoning, stated this
ordinance amends the legal description for the Fontaine Fox House historic designation,
changes the site name, and amends the legal description and the development restrictions
of the site set forth in Ordinance No. 43 -11. Mr. Dorling stated these ordinances
stipulated that there was allowed to have one ocean front lot and two additional lots for a
total of three dwelling units on the entire site. He stated this will allow the development
of an additional unit on the property and it is necessitated by a proposed Ocean Apple
Estates Plat which subdivides Lot 2 into two conforming lots along North Ocean
Boulevard.
At its meeting of January 16, 2013, and a recommendation of approval
was made with a 6 to 0 vote. The City Commission considered this ordinance for first
reading on February 5, 2013 and recommended approval. Staff recommends approval.
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Mayor Carney declared the public hearing open.
Francisco Perez -Azua, 55 S.E. 2nd Avenue, Delray Beach, FL 33444,
agent of the property owner, briefly spoke about the project.
There being no one else from the public who wished to address the
Commission regarding Ordinance No. 04 -13, the public hearing was closed.
Mr. Frankel moved to adopt Ordinance No. 04 -13 on Second and FINAL
Reading, seconded by Ms. Morrison. 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.
II.C.I. FINAL SUBDIVISION PLAT APPROVAL /OCEAN APPLE
ESTATES PLAT THREE: Consider approval of a proposed two -lot single - family
subdivision of a portion of the Historic Fontaine Fox House Properties (Lot 2, Ocean
Apple Estates), located on the west side of North Ocean Boulevard, at 510 North Ocean
Boulevard.
Mr. Frankel moved to approve the Final Subdivision Plat for Ocean Apple
Estates Plat, 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.
11.D. RESOLUTION NO. 12 -13 /CONTRACT FOR SALE AND
PURCHASE/703 PLACE CHATEAU: Consider approval of Resolution No. 12 -13, a
contract for sale and purchase, authorizing the City to sell the Neighborhood Stabilization
Program property located at 703 Place Chateau to Dumy Janvier in the amount of
$124,101.00 or appraised value.
office.)
The caption of Resolution No. 12 -13 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. 12 -13 is on file in the City Clerk's
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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 item is a
request for the Commission to approve the sale of one of their Neighborhood
Stabilization properties located at 703 Place Chateau in Delray Beach to Mr. Dumy
Janvier for the purchase price $124,101.00. Mrs. Butler stated staff recommends the sale
of this property as presented.
Mayor Carney declared the public hearing open. There being no one else
from the public who wished to address the Commission regarding Resolution No. 12 -13,
the public hearing was closed.
Mr. Jacquet moved to approve Resolution No. 12 -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.
At this point, the time being 7:34 p.m., the Commission moved to Item
12, First Readings.
12. FIRST READINGS:
12.A. ORDINANCE NO. 03 -13: Consider approval to provide for the
designation of a property located at 170 Marine Way as "The Marina House" to the Local
Register of Historic Places. If passed, a public hearing will be held on March 5, 2013.
office.)
The caption of Ordinance No. 03 -13 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
DESIGNATING THE MARINA HOUSE, LOCATED AT
170 MARINE WAY, AS MORE PARTICULARLY
DESCRIBED HEREIN, AS A LOCAL HISTORIC SITE;
PROVIDING FOR THE AMENDMENT OF THE
"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. 03 -13 is on file in the City Clerk's
The City Attorney read the caption of the ordinance.
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02/19/13
Paul Dorling, AICP, Director of Planning and Zoning, stated this item is a
request for approval of an individually designated property located at 170 Marine Way to
be designated as the Marina House for listing on the local register of historic places. Mr.
Dorling stated this is a 1939 two -story A -frame vernacular style house which was
relocated to the subject property from 806 N.E. 2nd Street. The requirements to list on the
local register must fulfill one of the LDR Section 4.5.1(B) criteria and it does meet (B)(3)
of that LDR requirement.
At its meeting of February 6, 2013, the Historic Preservation Board
unanimously recommended approval. Staff recommends approval.
Mr. Jacquet stated this is a beautiful piece of property and applauds the
buyer for the work they are doing with it.
Mr. Jacquet moved to approve Ordinance No. 03 -13 on FIRST Reading,
seconded by Ms. Morrison. 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.
12.11. ORDINANCE NO. 06 -13: Consider approval of a city - initiated
amendment to Section 99.02, "Definitions ", amending Section 99.03, "Loud and
Unnecessary Noises Prohibited", amending Section 99.04, "Exemptions ", amending
Section 99.05, "Temporary Permits ", repealing Section 99.06, "Notice of Violation ",
repealing Section 99.07, "Abatement Orders ", and amending Section 99.08, "Penalty ". If
passed, a public hearing will be held on March 5, 2013.
The caption of Ordinance No. 06 -13 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 99 "NOISE CONTROL" OF
THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, BY AMENDING SECTION 99.02,
"DEFINITIONS" TO REMOVE DEFINITIONS
"COMMERCIAL ", "INDUSTRIAL" AND "OFFENSE ";
AMENDING SECTION 99.03, "LOUD AND
UNNECESSARY NOISES PROHIBITED" TO CLARIFY
SAME AND TO AMEND DISTANCE AND TIME
REQUIREMENTS; AMENDING SECTION 99.04
"EXEMPTIONS" TO CLARIFY SAME; AMENDING
SECTION 99.05 "TEMPORARY PERMITS" TO
CLARIFY SAME; REPEALING SECTION 99.06
"NOTICE OF VIOLATION "; REPEALING SECTION
99.07 "ABATEMENT ORDERS "; AND AMENDING
SECTION 99.08 "PENALTY" TO CLARIFY SAME`;
AND PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
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(The official copy of Ordinance No. 06 -13 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance and Commission gave
staff direction in their Workshop meeting that in order to modify part of the language that
staff proposed with regard to the time limits staff has done that where basically the time
will be an unreasonable criteria that the Police officers or the Code Enforcement officers
will use from 11:00 p.m. — 7:00 a.m. during the weekday. The City Attorney stated on
Friday and Saturday nights the time will go from 1:00 a.m. to 7:00 a.m. He stated during
those times when the unreasonable standard is not used it is a 100 foot distance
requirement where it is a plainly audible standard which means if the officer can hear the
words of the music then that would be prima facie evidence of a violation and they would
be subject to the violation. The City Attorney stated staff has also clarified certain
distance requirements as far as the 800 foot distance requirement and noted it would be
taken from the edge of the property line. The City Attorney stated staff listed in the
memo certain criteria that they would be using for an unreasonable standard and there are
nine (9) factors that the City would train the Police Officers and Code Enforcement
Officers to use in determining whether the noise is unreasonable or not. Staff has also
tried to clarify the penalty language to provide that under when the City gives civil
citations the maximum that it can be is $500 and if the City goes through the Code
Enforcement Board process that is when the greater penalties can be incurred; however,
before there is a step up in the penalty, there would have to be a finding from the Code
Enforcement Board that there was guilt. The City Attorney stated staff has also modified
the Temporary Permit section to provide that there can be a temporary permit on this
granted by the City Manager for special events or grand openings.
Mr. Frankel stated the nine (9) factors are very helpful but he asked about
holidays. The City Attorney stated if the Commission would like to address that they can
give him direction to do so.
Mr. Jacquet asked if the Commission is going to consider the holidays
more for the time factor as far as being 11:00 p.m. or 1:00 a.m. or are we going to
consider holidays for the unreasonableness of the noise factor. Mr. Jacquet asked if the
reasonable standard already encompasses the holidays. The City Attorney stated he does
not believe it would because there may be other holidays that we are not aware of;
however, it may be celebrated by other communities or in other countries and they might
be loud, however, it is not something staff would consider. Therefore, the City Attorney
stated particularly New Year's Eve and the 4"' of July most of the other holidays we
celebrate the weekend before or whenever that would be covered under the expanded
timeframes if that is what Commission approves. The City Attorney stated there is a
noise waiver granted for the promoter of those ox for certain events but he is not sure that
would cover everything. Mr. Jacquet stated if the Commission did add holidays would
they be specific as to which holidays or only federally recognized holidays. The City
Attorney stated from an enforcement standpoint he asked the Commission to be specific
in their direction and if it is not on the weekend then these particular holidays are the
ones where the Commission can use the 1:00 a.m. or whatever timeframe they wish. The
City Attorney stated the two holidays that fall under this would be New Year's Eve and
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4tb of July.
Mrs. Gray stated today she received emails and telephone calls from some
residents that said that they did not have the opportunity to speak on this item and asked
the rest of the Commission if they would allow these few individuals to speak.
At this point, the Commission concurred to allow the following
individuals to come forward to speak.
Kevin Rouse, Kevro's Art Bar, 166_ SE 2nd Ave, Delray Beach, FL
33444, supports the ordinance and stated in the long run he feels everyone will find out
that this was a milestone for the growth of the community in the future.
Gail Lee - McDermott 721 S.E. 3rd Avenue Delrgy Beach FL 33483
(Osceola Park), stated this is not a noise ordinance but this is a music ordinance directed
at the Central Business District (CBD). She urged the Commission to table this
ordinance and stated restaurateurs have met to discuss it, residents have complained to
each other and possibly at some neighborhood meetings but the groups have not met with
each other so everyone can come to a compromise.
Andy Katz speaking on behalf of the Beach Property Owners'
Association, stated there are objective ways of trying to enforce reasonable limits. Mr.
Katz stated at the Workshop meeting last week the guidance was to take it from 11:00
a.m. to 1:00 a.m. on Fridays and Saturdays. He stated it becomes problematic in those
areas (residential) that have been around for a long time.
Eugenia DePonte, 24 Marine Wav, Delray Beach, FL 33483, urged the
Commission to table this proposed noise ordinance because she feels the residents have
not had enough input into it. Ms. DePonte stated she lives approximately 30 -40 feet from
Deck 84 and this ordinance will allow them to play music unrestrained up to 11:00 p.m.
on weekdays and 1:00 a.m. on weekends and this will be in her front yard.
Evelyn Dobson, 130 N.W. 3rd Avenue, Delray Beach, FL 33444, stated
with regard to the noise it is not just limited to the beach and the downtown area but is
also in the neighborhoods west of Swinton Avenue. Ms. Dobson stated she has had to
endure a gospel band next door to her home for more than two years. She stated she has
called the Delray Beach Police Department but because of decibels that Mr. Katz was
speaking of she was told that she would have to live with it. Ms. Dobson stated this is a
residential neighborhood and she did not buy into that when she purchased her home.
She stated on the weekends she wants to be able to sleep and does not want to wake up to
a gospel band at 8:00 a.m. until 6:00 p.m. and 2 -3 times during the week. Ms. Dobson
urged the Commission to take a closer look at the noise ordinance and make sure that it is
inclusive and considerate of residential areas.
Carolyn Patton 1020 Tamarind Road DeIrgy Beach FL 33483 stated
she owns a historic house in the Marina Historic District (65 Palm Square) and the lot
next to it. Ms. Patton stated she feels Delray Beach is a very well -run city; however, she
stated in this period where we are transitioning between City Managers there have been
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some things happening that she is very concerned about and this ordinance is one of
them. She stated there are thousands of individuals and families that are affected by this
that live in residential areas that are close to these restaurants and none of these were
involved in the process to try to develop a new ordinance. Ms. Patton urged the
Commission to table this ordinance and form a committee of residents, restaurant owners
preferably those who have not been cited in the past for noise violations and police to
come up with a better ordinance.
Joann Peart, 107 N.W. 91h Street, Delray Beach, FL 33444, stated she
lives in Lake Ida and noted that when City Limits had their band playing you could not
leave your windows open at night if you wanted to sleep depending on which direction
the wind is blowing. Speaking on behalf of the Historic Preservation Trust, Mrs. Peart
stated she is concerned because the West Settlers District, the Old School Square Historic
District, the Marina Historic District are very close to these areas. She stated if someone
is trying to sell their property and someone listens to all that noise in addition to the
parking problems that could make property less desirable and hurt property values. Ms.
Peart stated at the last meeting that led to this ordinance there was only one resident there
and the rest were restaurant people. Ms. Peart concurs with comments expressed by Mrs.
Patton and urged the Commission to table the ordinance as well.
Dr. Victor Kirson D.D.S. 2050 Alta Meadows Lane #2110 Delra
Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray
Beach and Member of the Alliance), stated this is an amendment to a past ordinance
and the Commission went through all the procedures. Dr. Kirson stated he supports the
ordinance with the additional holidays. He stated this is first reading and the correct
procedure is to go to second reading and for people to speak then.
Mayor Carney stated the local rules provide that by the will of the
Commission they can allow anyone to speak at any time on any matter.
There being no one else from the public who wished to address the
Commission regarding Ordinance No. 6 -13, the public hearing was closed.
Mayor Carey stated when the Commission first discussed this ordinance
several months ago they gave direction that all the stakeholders (i.e. citizens, restaurants,
etc.) meet and hash it all out and come up with a fair solution.
Mr. Jacquet moved to table Ordinance No. 06 -13, seconded by Mrs. Gray.
Upon roll call the Commission voted as follows: Ms. Morrison -- Yes; Mr. Jacquet —
Yes; Mr. Frankel No; Mrs. Gray — Yes; Mayor Carney — Yes. Said motion passed with
a 4 to 1 vote, Commissioner Frankel dissenting.
At this point, the time being 8:10 p.m., the Commission moved back to
Item 10.B. of the Regular Agenda.
10.13. CONDITIONAL USE REOUESUBEACHWAY MOTEL: Consider a
conditional use request associated with partial demolition and expansion of the
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02/19/13
existing 1,960 sq. ft. seven (7) room motel including removal of three (3) existing rooms
totaling 840 sq. ft. and construction of a 2,930 sq. ft. building addition to accommodate
an additional nine (9) rooms for a total of 13 rooms, a new 13 8 sq. ft. manager's office,
ten (10) new on -site parking spaces and associated landscaping and alleyway
improvements for Beachway Motel located at 655 George Bush Boulevard. (Quasi -
Judicial Hearing)
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 Department project #2012.278.
Mr. Dorling stated this is a conditional use request to allow the partial
demolition and expansion of the 1,960 square foot 7 room motel located on Stn Street.
The demolition will involve demolishing three existing rooms totaling 840 square feet
and construction of a 2,930 square foot building addition to accommodate an additional
nine (9) rooms for a total of thirteen (13) rooms. Mr. Dorling stated it will also include a
new 138 square foot manager's office and ten (10) new on -site parking spaces. He stated
if approved a site plan submittal would follow.
At its meeting of January 29, 2013, the Planning and Zoning Board made
a recommendation to the City Commission with a 5 to 2 vote to deny the request. This
denial was based on concerns that related to existing Code Enforcement violations and
liens on the property, as well as, potential long -term use of this facility as residential
long -term versus a motel use. Mr. Dorling stated the Planning and Zoning Board offered
several comments on trying to address that issue; the Board discussed a maximum stay
for motel guests between 7 and 30 days and they also indicated that before any building
permit for the motel expansion all the code enforcement liens and fines should be paid
and that should be a condition of approval. Mr. Dorling stated the Board talked about
adding language restricting the use to a short-term stay for a motel and restricting units
from having 220 outlets in existing and proposed rooms that would limit the ability to
provide larger appliances which are predominantly used for longer term stays. He stated
there are kitchen facilities in the existing sets of rooms and the applicant has indicated
that they will be removing those large refrigerators and those stove units making it more
like a motel short-term stay rather than a residential stay. Mr. Dorling commented about
condition 44 which talks about the provision of full size stoves and refrigerators being
prohibited and the need to remove those in not only the ones being demolished but the
other four remaining would also need those removed. Staff recommends approval at this
time.
George Brewer, Architect /Agent, stated this project has gone through
numerous ownerships and none of the owners have ever been able to do anything with
the project and no one has ever made any attempt to make any improvements to the
property. Mr. Brewer displayed some street frontage renderings and briefly explained the
project.
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02/19/13
Mayor Carney stated if anyone from the public would like to speak in
favor or in opposition of the conditional use, to please come forward at this time. There
being no one else from the public who wished to address the Commission regarding the
conditional use request, the public hearing was closed.
Mr. Jacquet asked what the reason was for SPRAB denying this. Mr.
Dorling stated there are some outstanding code violations and liens on the property and
the property owner at that time (which was a different property owner) was not giving the
straight answers that they felt they deserved. Secondly, Mr. Dorling stated there was a
large concern that this would operate as something other than a motel.
Mrs. Gray asked what the rate will be per night. Mr. Brewer stated they
worked out $85.00 a night. Mr. Brewer stated the new owner has taken the initiative to
hire a contract and apply for a permit; the previous owner lived in Fort Lauderdale and
did whatever he wanted to do.
Mr. Jacquet asked how long the new owner has owned it. In response, Mr.
Brewer stated the new owner has owned it since Friday. Mr. Brewer stated the
appliances have been in the original motel since the 1950's.
Mrs. Gray asked if staff is comfortable that this will not turn into anything
other than a motel. Mr. Dorling stated he is comfortable that the conditions that staff has
placed on them would push them in that direction. He stated staff has done everything
they can within the law to promote what they expect it to be.
Ms. Morrison stated the last time she was by this property the fence was
still up and that is an act of code violation. Mr. Darling stated the fence was installed
without permits.
Mr. Brewer stated their intentions are to completely renovate this property
and landscape it.
Brief discussion ensued between the City Attorney, the Commission and
staff regarding the ownership, liens, and code violations.
Mr. Brewer read a letter into the record from the Code Enforcement Board
stating that the case is in compliance; however, the lien for the amount of $4,500 is still
active.
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 denying the conditional use
request, 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
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02/19/13
— Yes. Said motion passed with a 5 to 0 vote.
10.C. CONDITIONAL USE REQUEST /TIM FINNEGAN'S IRISH
PUB: Consider a conditional use request to allow Tim Finnegan's Irish Pub and
Restaurant to extend its operating hours from 12:00 a.m. to 2:00 a.m. seven days per
week, the business occupies an existing tenant bay within the Dumar Plaza, located at
2885 South Federal Highway. (Quasi- Judicial Hearing)
Mayor Carney asked the Commission to disclose their ex parte
communications. Mr. Frankel stated he had some written emails and a letter that was
provided; however, he did not have any oral communications. Mrs. Gray stated she
received no oral communications. Ms. Morrison stated she has received communication
she knows the owners and has spoken to them. Mr. Jacquet stated he did not speak to
anyone and he received a letter at the dais. Mayor Carney stated this item has additional
materials for the Commission on the dais.
Paul Dorling, AICP, Director of Planning and Zoning, entered the
Planning and Zoning project file #2013 -067 into the record.
Mr. Dorling stated this is a conditional use request for Tim Finnegan's
Irish Pub and Restaurant located at 2885 South Federal Highway. Mr. Dorling stated this
is a request to establish a 24 -hour late night business. The current bar and restaurant is
open until midnight and they would like to extend those hours until 2:00 a.m. He stated it
is located on the east side of South Federal Highway south of Avenue "H" and is zoned
PC located within 265 feet and 328 feet from residential. The applicant has gone through
the re- process and has agreed to do several things including upgrade the landscaping
which will provide additional protection to the residential properties to the east. Mr.
Dorling stated this includes new hedging, and new canopy trees to provide some visual
buffering and it will also be buffered by the existing buildings that are on site. He stated
there are no security concerns and this has been reviewed by the Delray Beach Police
Department and there is no history of any incidences requiring law enforcement actions,
the parking lot associated with it is well lit, and the sight is in general good condition
other than some landscape improvements.
At its meeting of January 29, 2013, the Planning and Zoning Board
recommended approval with a 5 to 1 vote adopting the findings of fact in the staff report
subject to conditions 41 -9 contained on page 10 of the staff report. Staff recommends
approval.
Debra Turner Agent for the applicant Lisa Walsh stated they are in
agreement with all the conditions of approval set forth by staff and the Planning and
Zoning Board.
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 regarding the
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02/19/13
conditional use request, the public hearing was closed.
There was no cross - examination or rebuttal.
Mr. Jacquet stated considering the City has been dealing with the noise
ordinances and the fact that this is near a residential area he is not in full support of this.
Mr. Jacquet stated he does not have a problem with the band playing until 12:00 a.m. as
they are currently doing but he does not want to extend the time to 2:00 a.m. when the
Commission just voted to table the noise ordinance to allow the community to meet with
their businesses and determine what is a common ground He feels it would not be
forward thinking to grant the conditional use at this time and therefore is in opposition of
the request at this time.
Ms. Morrison stated she attended the Planning and Zoning Board meeting
when this was heard and as part of the approval process the Board had to agree to several
conditions such as up the landscaping, to have security cameras, etc., stop serving alcohol
at 2:00 p.m., stop live music at 12:00 midnight, no music nor outdoor speakers outside
the building. Ms. Morrison stated this applicant has met all the conditions and has
stepped up to the table to what the City and the Planning and Zoning Board was
recommending and supports moving forward.
Mr. Frankel stated he has no objection.
Mrs. Gray stated she supports this because with this particular location it
is actually closer to Federal Highway than they are to the residents and the fact that they
are going to stop with their live music at 12:00 midnight.
Mayor Carney stated he supports the conditional use request. He stated
the live music after 12:00 midnight has been addressed, there will be no outdoor
speakers, and the applicant has met the lighting requirement and they have the additional
security measures that they have agreed to.
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. Frankel moved to adopt the Board Order approving the conditional
use subject to the conditions listed on Exhibit "A ", seconded by Mrs. Gray. 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.
10.D. WAIVER REQUESTS/ SOUTH OF ATLANTIC (SOFA) BUILDING
#1: Consider approval of six (6) waiver requests associated with the Class V Site Plan
approval pertaining to setbacks, stacking distance, sidewalk requirements, minimum
transparency or glass surface area, landscaping and the percentage of commercial
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02/19/13
window display on the ground floor for SOFA Building #1, located on the east side of
S.E. 3rd Avenue, between S.E. I" Street and S.E. 2nd Street. (Quasi - Judicial Hearing)
Mayor Carney asked the Commission to disclose their ex parte
communications. Mr. Frankel stated he received a telephone call from Mr. Handler and a
text message from Mr. Mann. Mrs. Gray stated she received a telephone call from Mr.
Handler today. Ms. Morrison stated she spoke with Mr. Henry Handler today. Mr.
Jacquet stated he spoke to Mr. Henry Handler. Mayor Carney stated he received a
telephone call from Henry Handler and apologized for not calling him back.
At 8:57 p.m., Mayor Carney passed the gavel to Vice Mayor Frankel and
left the dais.
Mr. Dorling entered the Planning and Zoning Department project file
42013 -002 and project file 42013004 into the record.
Mr. Dorling stated this item has six (6) waivers in association with a Class
V site plan approval for SOFA Building #1 located north of S.E. 2nd Street east of the
FEC Railroad. He stated the development proposal includes a ground level garage and
several levels of residential development above it. Mr. Dorling stated briefly reviewed
the six (6) sections of the LDRs that the applicant has requested waivers for. He stated
staff recommends approval of five (5) of the waivers made in the staff report pursuant to
LDR Section 2.4.7(B)(5) and noted that both the applicant's rationale and the staff s
analysis which support those waivers. Mr. Dorling stated staff does not support a waiver
to 93 which relates to the sidewalk widths; they are required to be 8 feet in the CBD and
they are proposing 5 feet. Mr. Dorling stated the request is for 5 feet and feels that it
needs to be amended because they are actually showing a 6 foot sidewalk along S.E. 3rd
Avenue and believes staff would support the reduction from 8 feet to 6 feet. The requests
on the other two streets are to 5 feet from the 8 feet and staff does not believe that is
supportable. Mr. Dorling stated there are some opportunities to widen those sidewalks
which are critical in this area and thus serve as a conduit between the neighborhood to the
south and the business district to the north. He reiterated that staff supports five (5) of
those waivers and believe that there is some ability to accommodate some additional
accommodation on the sidewalk waivers.
At its meeting of December 19, 2012, those six (6) waivers were
recommended for approval with a 6 to 0 vote.
Henry Handler, Weiss, Handler & Cornwell, P.A., 2255 Glades Road
4218A,Boca Raton, FL 33431, speaking on behalf of the apulicant, requested that
there be one presentation of both SOFA Buildings together.
It was the consensus of the Commission to allow the presentation to be on
both SOFA Buildings and they understand that there will be a separate vote needed.
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Mr. Dorling entered the Planning and Zoning Department project file
42013 -002 into the record.
Mr. Dorling stated this is for SOFA Building 42 and briefly reviewed the
request for four (4) waivers to this building. Staff recommends approval based on
positive findings with respect to LDR Section 2.4.7(B)(5) for SOFA Building #2.
Mayor Carney asked the Commission to disclose any ex parte
communications on the second item. The Commission stated their ex parte
communications are the same for both.
Mr. Handler stated in looking at the staff report and from discussion at the
meeting they thought that there was a fifth waiver with regard to SOFA Building 42
under LDR Section 4.6.16(H)(3)(d), the minimum five foot (5') landscape buffer they are
asking that it be reduced to 3.8. Mr. Handler stated it was contained in the staff report
recommending approval and they thought there was a unanimous vote in favor with
respect to that waiver. Mr. Handler stated on behalf of the applicant they are here on the
limited application for approval of waivers. He stated they believe with regard to all of
the waivers satisfy the requirements of LDR Section 2.4.7(B)(5). Mr. Handler stated they
also believe that the unique design and the location of these buildings are a perfect
complement for the area.
Richard Jones, Richard Jones Architecture, thanked Mr. Handler and
the Commission for this opportunity. Mr. Jones stated they are willing to provide the six
(6) foot sidewalks on the major elevation and on S.E. 1St Street.
Mr. Dorling stated he is happy to hear the commitment to do the six (6)
foot sidewalk on S.E. 1St Street and noted the applicant has worked diligently to provide
the six (6) foot along the full length of the property.
Mayor Carney stated if anyone from the public would like to speak in
favor or in opposition of the waiver requests, to please come forward at this time.
Gail Lee McDermott, 721 S.E. 3rd Avenue, Delray Beach, FL 33483
(Osceola Park resident), stated she has no concerns with the waivers requested and the
sidewalks are for residents. Ms. McDermott stated as a perspective neighbor to these
buildings she wants to drive north from her house to Atlantic Avenue to see these 4 -story
buildings and urged the Commission to approve this project so that the Related Group
can get their permits and put shovels to the ground.
James _ Quillian, 925 S.E. 2nd Avenue, Delray Beach, FL_ 33483
(Osceola Park resident), stated he concurs with comments expressed by Ms.
McDermott.
Lisa Quillian, 925 S.E. 2nd Avenue, Delray Beach, FL 33483 (Osceola
Park resident), stated the reason the CBD district is requesting 8 foot sidewalks is
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because this is a high pedestrian area. Mrs. Quillian stated they do not expect them to be
even with these buildings there. She urged the Commission to move forward with this
project.
Kevin Homer, 319 S.E. 3rd Avenue, Delray Beach, FL 33483, concurred
with comments expressed by Mr. and Mrs. Quillian and stated it is time to move forward
with this project.
Dee Dee, 229 S.E. 2nd Avenue, Delray Beach, FL 33483, urged the
Commission to approve this project because she feels it will be very helpful to the
community.
Albert Jerome, 229 S.E. 2 "d Avenue, Delray Beach, FL 33483 (owner
of a grocery store), stated this project will create jobs in the community and urged the
Commission to approve the project.
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 AlIiance), urged the Commission to support this project and
move forward with it.
Kevin Rouse, 1002 Lakeshore Drive, Delray Beach, FL 33444
(Kevro's Art Bar), supports this project and stated this is going to make a big addition of
what we need in the community. Mr. Rouse stated this will help develop the Osceola
Park as a transition period to actually purchase and there are a lot of opportunities for
growth.
Jim Knight, 10 S.E. 1st Avenue, Delray Beach, FL 33483, thanked City
staff, the Boards, and stated the residents have been a great support.
Uri Mann, Related Group, thanked the Commission for the opportunity
and stated they are very excited to make this investment in the community.
There being no one else from the public who wished to address the
Commission, the public hearing was closed.
Mr. Jacquet briefly spoke in support of this project.
Ms. Morrison inquired about the sidewalks and asked why they cannot do
the 8 feet on S.E. 3`d Avenue and whether or not it would take away from the building.
Brief discussion between the City Attorney, staff and the Commission
followed.
After brief discussion, the City Attorney stated the Commission can add
the waiver to LDR Section 4.6.16(H)(3)(d) that reduces the required five (5) foot
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landscape buffer to 3 feet 8 inches at the rear of the property adjacent to the alley.
Mr. Dorling stated that was recommended for approval by all Boards and
staff also supports this.
Mayor Carney stated although the staff report talked about five (5) feet he
clarified that with regard to the sidewalks the Commission is talking about six (6) feet
and everyone is in agreement with that. Mr. Dorling stated S.E. 3rd Avenue and S.E. I"
Street.
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 waiver
requests for SOFA Building #1, 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.E. WAIVER REOUESTS /SOUTH OF ATLANTIC (SOFA)
BUILDING 42: Consider approval of four (4) waiver requests to the Land Development
Regulations (LDR) pertaining to setbacks, stacking distance, minimum transparency or
glass surface area and the percentage of commercial window display on the ground floor
for SOFA Building #2, located on the west side of S.E. 2 Avenue, 80 feet south of S.E.
1" Street. (Quasi - Judicial Hearing)
Mr. Jacquet moved to adopt the Board Order approving the waiver
requests for SOFA Building #2, 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.F. JOB CREATION INCENTIVE APPLICATION: Provide
authorization for staff to prepare an economic development incentive package for
Aldridge Connors LLP, pursuant to the established Job Creation Incentive program as
established by the Delray Beach City Commission.
Vin Nolan, Economic Development Director, stated this is a request from
Aldridge Connors, LLP, a business law firm, who has reached out to the CRA seeking an
incentive under the Job Creation Incentive Program. Mr. Nolan stated Aldridge Connors,
LLP is considering a multiple number of opportunities of where they might locate. Mr.
Nolan stated he and the City Manager initially had conversations with them to describe
the program, its development, how it carne to be and what it was intended to do and
subsequently sent them the appropriate paperwork to complete and return for analysis.
Mr. Nolan stated this is the creation of 250 legal professional jobs located in our
innovation corridor along Congress Avenue should they choose to sign the lease. He
stated they initially requested consideration under multiple programs. Mr. Nolan stated
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the guidelines that the Commission created afford the City the opportunity to provide
$750 per job to $1,000 per job created and the intention of the CRA's guidelines is that
those jobs should be at or above the County median wage which is currently
approximately $46,000. Mr. Nolan stated they are hopeful in signing a lease in the
March 1st timeframe. Mr. Nolan stated the CRA is requesting direction to let the firm
know that it is the City's intent to pursue and develop an agreement that all parties can
agree on. Mr. Nolan stated he would then go back and work with Aldridge and the City
Manager on the actual terms of the agreement which would be outlining the jobs, the
status of the jobs, and how over time they would pay out the incentives.
Ms. Morrison asked if they are asking for $250,000 in incentives based on
250 qualifying positions. Mr. Nolan stated this is up to $250,000 and it is Commission
discretion as to what they would do; the guidelines that they established had broad and
flexible parameters so that the Commission could conclude at that point in time whether
or not the jobs being created were of high value or high desirability. Ms. Morrison
inquired about the term of the lease. Mr. Nolan stated they are looking at an 11 year
lease and noted that the CRA would probably stay within their 5 year term but if they
want to do longer for their own safety and security that they would be interested in
having that. Mr. Nolan explained that Aldridge Connors, LLP is a business law firm that
is involved in real estate transactional litigation related to foreclosures dealing with banks
and lending institutions. He stated this is half of their operation and the other half of their
operation is in Atlanta, Georgia and there is a possibility of some pieces of that entity
coming here as well. Mr. Nolan stated there are about 180 in Boca and they intend to
grow to 250.
Mr. Frankel confirmed with Mr. Nolan that their intention is to move their
operation from Boca to Delray Beach.
Mrs. Gray stated the City has been waiting for good paying jobs and
supports the program but asked how will we track and maintain the jobs that are required.
Mr. Nolan stated they are in the process of acquiring some new software that they will be
utilizing for the soon to be launched micro lending program but it actually does all the job
creation incentive things as well. Mr. Nolan stated they have a software system that will
allow them to track back on a recurring basis to ensure the jobs are maintained.
Mayor Carney stated he had the opportunity to discuss this with Mr. Nolan
and they wanted to make sure that if they came into the City and the City was investing in
them to do that if they did leave early we would have a mechanism to get back. Mayor
Carney stated there will be some local hires out of this which is really what the City is
trying to achieve as part of the overall economic development strategy.
Mr. Frankel moved to approve the Job Creation Incentive Application for
Aldridge Connors, LLP, 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 was passed with a 5 to 0 vote.
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10.G. PROVIDE DIRECTION REGARDING PALM BEACH COUNTY
SPORTS COMMISSION PROPOSAL: Provide direction regarding the Palm Beach
County Sports Commission proposal to utilize the services of Florida Sports Foundation,
a division of Enterprise Florida, Inc., to facilitate a workshop to explore enhancing the
City of Delray Beach as a sports destination.
Linda Karch, Director of Parks and Recreation, stated this item is for City
Commission approval to accept Palm Beach County Sports Commission recommendation
to contract the services of the Florida Sports Foundation, a division of Enterprise Florida,
Inc. to facilitate a workshop that would enhance the City of Delray Beach as a sports
destination. Mrs. Karch stated the Florida Sports Foundation will preside over a 1/2 day
sports destination workshop to assess the City of Delray Beach's current sports venues
and position as a sports destination, to discuss which events would be most suitable for
Delray Beach to host, and what economic impact may be realized. In addition, Mrs.
Karch stated there will also be discussion on how all local sports organizations and
entities in the city can work together to achieve the common goal. Staff recommends
Friday, April 12, 2013 for this 1/2 day Workshop and the City would only have to
reimburse the presenter for his hotel stay and meals.
Ms. Morrison inquired about the cost. Mrs. Karch stated the City would
pay the hotel and meals for one staff person from that group to attend. Ms. Morrison
asked who would be invited to attend. Mrs. Karch stated the Commission, the Sports
Commission, the CRA, Delray Beach Marketing Cooperative, local sports organizations,
ELEVS, Delray Beach Athletic Club, and the tennis people.
Mrs. Gray asked if the City is actually responsible for the hotel and meals.
Mrs. Karch stated she spoke with George Linley with the Palm Beach County Sports
Commission to get clarification and he indicated it would be just for the hotel and meals
because he is driving and did not mention anything for gas. Mrs. Gray supports holding
this Workshop on Friday, April 12, 2013 and that all of the stakeholders are included.
It was the consensus of the Commission to support this %2 day workshop
and that the City will pay for the presenter's hotel and meals.
10.H. REVISED AGREEMENT/CHRIS EVERT CHARITIES, INC.:
Consider approval of a revised Agreement with Chris Evert Charities, Inc. for the Annual.
Chris Evert Pro - Celebrity Tennis Classic.
Robert A. Barcinski, Assistant City Manager, stated this is a request for
the Commission to consider for approval of a revised five (5) year agreement for the
Chris Evert Pro - Celebrity Tennis Classic. Mr. Barcinski stated after the last meeting the
City received a letter from Tami Starr, Director of the Charities event indicating that they
needed to know by March 15 "' whether they had an agreement with the City or not so
they can plan accordingly and they also agreed to the opt -out clause based on the City
Commission's discretion after three (3) years which the City Attorney revised the
agreement to reflect that.
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Mrs. Gray stated if the City decides to move forward with this contract for
the next five (5) years which she feels is a great event and they do a wonderful job with
the youth and giving out dollars. She stated her issue last time was because we did have
the Sports Commission coming and she wanted to bring all the stakeholders together and
she did not want to give just one group the opportunity to move forward when the
Commission had just denied another group a couple of months ago. Mrs. Gray asked if
an investor decides to give the City dollars within the next two (2) years to rebuild the
tennis stadium can the City opt out. Mr. Barcinski stated the City had a verbal from the
Chris Evert Charities that they can write that provision in along wi th the three (3) years
that if the City gets into construction before the three (3) years the City can still opt out
with a nine (9) months' notice.
Mr. Frankel stated he does not feel you can be considered a sports
destination by not having sports events and he considers the Chris Evert Pro - Celebrity
Tennis Classic an amazing event but applauds them for what they do for our local
charities.
Ms. Morrison moved to approve the revised agreement with Chris Evert
Charities, Inc. for the Annual Chris Evert Pro- Celebrity Tennis Classic and that it include
the language as stated by Mr. Barcinski, seconded by Mr. Jacquet. 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.I. HOST AGREEMENT: USTAMED CUP TIE MATCHES: Consider
approval of the Host Agreement with the USTA to be a host site if offered for the FED
CUP Tie Matches to be held on April 20 - 21, 2013.
Robert A. Barcinski, Assistant City Manager, stated this is for
consideration of approval of an agreement between the City and the USTA to be the host
site for the FED CUP Tie Matches to be held on April 20 -21, 2013 in the United States.
Mr. Barcinski stated he met late Friday with a William Sanders from the Seagate and this
morning with Jim Graham from the Marriott in regards to the comp rooms. Mr.
Barcinski stated the Seagate gave the City a firm commitment of 50 comp rooms and
they want to work with the City but their commitment for how many comp rooms will
depend on what they work out with USTA in term of how many room nights may be
booked. The sanction fees are $150,000 and previously the City had received a
commitment from the CRA for $75,000 and $50,000 from the Patin Beach County Sports
Commission for a FED CUP Semi - Final. Mr. Barcinski stated the CRA staff brought
this up in the comments section last week to their Board and their next meeting on the
Consent Agenda to honor the $75,000. He stated in discussions with George Linley he
does not feel they will honor the $50,000. Mr. Barcinski stated the USTA wrote a
provision to revenue share with the City tickets sales sold over $800,000 to $1.5 million
they will give the City 10% of the ticket sales and anything over $1.5 million to $2
million will be 20 %. Mr. Barcinski stated the United States will play Sweden.
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02/19/13
Ms. Morrison asked if the CRA has committed to the $75,000. Mr.
Barcinski stated the CRA has to formally vote at their next meeting. Mr. Barcinski stated
the Seagate will provide 50 camp room nights; the Marriott will work with them. He
stated the revenue from ticket sales should help offset some of that.
Mrs. Gray inquired about the sponsorship because the hotels will make out
nicely if the FED CUP comes to Delray Beach. Mr. Barcinski stated the USTA does
direct book plus arrangements for their comp nights in negotiations with the hotel the
same time they negotiate the room rates for the block of rooms.
The City Attorney suggested a few minor amendments to the agreement.
Mr. Frankel moved to approve subject to the City Attorney approval,
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.
10.J. PROPOSED CHANGES TO THE COMMISSION RULES OF
PROCEDURES: Consider approval of proposed changes regarding the Conunission
Rules of Procedures to provide that the public may comment on any item, agendaed or
non - agendaed, and such comment shall begin after the "Proclamation and Presentation"
portion of the agenda.
The City Attorney stated at the last Workshop meeting the Commission
gave staff direction to go ahead and modify the local rules to allow public comment on
any item including whether it is agendaed or non - agendaed and that the public comment
be right after the proclamation and presentation portion of the agenda and that way if
there is any public comment before the Commission approves the agenda and if they
want to pull anything off the Consent Agenda they can do that at that time. The City
Attorney stated on a Consent Agenda item or a Regular Agenda item where it is not
Quasi - Judicial or where it is not under the Public Hearing portion as provided by State
Statute the person can speak one time at this time; however, the person would be allowed
if they chose to speak once at the very beginning and under the Public Hearing section
they would also be allowed to speak for three (3) minutes.
Mayor Carney stated he does not want to hear the same story twice on the
sarne issue.
The City Attorney stated he can add language that provided that the
comments shall not be on a regularly agendaed public hearing or Quasi - Judicial item.
Mr. Jacquet stated then on the agendaed items that do allow public
comments they can then get up and speak as normal. Mr. Jacquet stated because the
Commission is now going to allow more public comments on more items it could be at
the Commission's discretion to bring it down to 21 /z minutes.
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Brief discussion by the Commission ensued regarding whether to allow
the maximum time limit to speak to remain at three (3) minutes or lessen it to either 21/2
minutes or 2 minutes.
The City Attorney clarified that the Commission could impose a different
standard on a particular night should they chose to.
The City Attorney stated he will make these changes and bring back to the
nett regular City Commission meeting (Consent Agenda) of March 5, 2013.
Mr. Smith stated staff will have to get the agenda software re- programmed
to reorder that agenda.
10.K. PROVIDE DIRECTION REGARDING LIVE & LEARN DELRAY
COMMUNITY ENGAGEMENT PROGRAM: Provide direction regarding the newly
proposed Live & Learn Delray community engagement program.
Richard Reade, Sustainability Officer, stated this is a new program and is
an opportunity to create more awareness and opportunities to educate the public,
residents and stakeholders on the different tools to engage in the city. He stated instead
of asking people to come to City Hall for meetings it is going out to their homeowners
meetings, their churches and their civic organizations. Mr. Reade stated this follows a
concept that has been highly used in economic development called "economic
gardening ". Mr. Reade stated staff has talked to a few homeowners associations about
the opportunity to come and speak with them and they would love to have the
opportunity to engage the city. He stated if the Commission would like to be represented
at those meetings and come out to determine some sort of rotation program so they do not
get into any sunshine issues. Mr. Reade stated staff can tie this in with what is already
being done in Community Improvement.
Mrs. Gray stated she asked if this portion would be tabled from last week
and stated it is repetitious of what Jennifer Costello is doing now with some of the
meetings that she is having. Mrs. Gray stated she is not in favor of this program and feels
we can enhance what we have already or get rid of the program we have already and do
this because she does not feel that the city needs both of them. She stated that the
Commission is often over scheduled. Mrs. Gray suggested that staff try the Town Hall
meetings. Mrs. Gray stated the City's newsletter, new website, and open forum on the
web is sufficient.
Mr. Jacquet stated he respects Commissioner Gray's opinion. Mr. Jacquet
stated he loves this concept and is in full support of the idea because he enjoys going out
and engaging with the public whether it is at someone's church or neighborhood
association meetings.
Ms. Morrison stated she too enjoys engaging with the public and asked
who would be handling this. Ms. Morrison stated Mr. Reade has a full plate now and
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02/19/13
expressed concern over the staff time this would take. In addition, Ms. Morrison
concurred with Mrs. Gray that the Commission is often over scheduled. Ms. Morrison
stated she agrees with Commissioner Gray that the City needs to hold a couple of Town
Hall Meetings and hear from the residents directly on an open forum basis so that
everyone can be on the same page. She stated the City's new website is beautiful and
suggested that staff focus their energy on keeping the website updated on a daily basis
and make it the information center for Delray Beach.
Mr. Frankel suggested that Commissioner Jacquet be the liaison to this
Board. Mr. Frankel stated the entire Commission reaches out in certain ways.
Mayor Carney stated Mr. Reade is often dragged in multiple directions
and he does not want Mr. Reade's core functions to suffer. Mayor Carney suggested that
it be less formal and more Adhoc so as these things are set that staff can see whether a
Commissioner in a rotating system may be able or not be able to go to a particular event.
Mayor Carney stated he agrees that the Town Hall meeting is going to be great, that the
website is great, that the new communications that staff is trying to reach out to the
community is going to be great. He stated this is one more tool; however, he expressed
concern that it cannot interfere with everything else that Mr. Reade is doing. Mayor
Carney stated he supports this as long as the City Commission is not required to go and
as long as Mr. Reade is not committing the time of one of the Commissioners and rather
that they can voluntarily accompany him at the time.
Mr. Jacquet stated he supports this because it does not make it mandatory.
He stated the Commission will not be able to make it all the time but it allows the
flexibility that if you can you go if you cannot then you do not go.
Mr. Smith stated this burden would not have to be solely placed on Mr.
Reade and is something that can be shared amongst staff. Mr. Smith stated these can be
scheduled over a year's period of time and staff can program it out so that at a pace that is
achievable and workable to be able to accomplish what staff is looking to do in trying to
become more connected with the community.
Mrs. Gray stated in just her community there are 50 churches and asked
how would staff determine which churches, organizations and civic groups that the
Commission is actually going to see in that period of time. Mr. Smith stated the intent
with these meetings is to go to an already established meeting not to create a new
meeting.
It was the consensus of the Commission to direct staff to give this a try
and see how it goes.
10.L. 2013 MUNICIPAL ELECTIONS - EDUCATIONAL
COMMUNICATION SERVICES: Consider proposals to provide educational
communication services related to various proposed Charter Amendments as well as the
proposed Economic Development Property Tax Exemption.
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02/19/13
Richard Reade, Sustainability Officer, stated this is an item that was
discussed at the Workshop meeting last week and the Commission asked staff to go out
and get some prices. Mr. Reade stated staff worked with the City Attorney's office in
what they needed to include in a proposal and they called a number of local political
strategist firms as well as some around the State and came up with some prices. He
stated the intent of this to help identify strategically how staff can market what the ballot
initiatives are. Mr. Reade stated the three (3) initiatives are: (1) the economic
development initiative, (2) the initiative to change the terms, and (3) the initiative to
increase the amount of years and terms for the Mayor, and (4) the voting initiative. Mr.
Reade stated staff had discussions with other City Manager's and Assistant City
Manager's regarding their ballot initiative and they went through a bond referendum a
couple of times and it failed both times significantly. He stated when they had targeted
marketing pieces in a concise campaign on what they wanted to do it passed 60 %. Mr.
Reade stated staff expressed concern over developing the strategic pieces in making sure
that we follow Statute. He stated whatever the City develops has to match all the mailing
house issues and that they can be mailed out quickly. Mr. Reade stated the Commission
asked staff to look into was working with the League of Women Voter's. He stated the
League is still trying to find someone that can do it for the City of Delray Beach. Mr.
Reade stated Item #4 which is the all inclusive of doing two mailers, designing the
graphics, and doing all the mailing was based on more than 15,000 voters. He stated if
the City decides to do any mailings Mr. Reade stated if the City decides to do anything
mail wise there is going to be a significant cost if the City goes forward with this type of
opportunity.
Mr. Jacquet stated we want to make sure that the City puts out objective
unbiased information to the voters to let them know what is on the ballot. He stated he
voiced concern at the last meeting about the City hiring consultants and paying money to
do that. Mr. Jacquet stated he feels this is important but is not certain how much the City
should spend on it.
Brief discussion between Mr. Reade and Commissioner Jacquet followed.
Mr. Reade explained the City will still have a printing cost that is not seen
in Box #5. He stated depending on the number of voters that the City actually targets
those numbers can go up and down because it is all based on the mailings.
Mr. Jacquet asked how objective the mailings will and commented about
some mailings that say vote "yes" on this or vote "no" on this and he is not in support of
any of that. Mr. Reade stated recently the Legislature passed a Statute that requires that
to happen. Mr. Reade stated if the City does this in -house there is a potential concern of
it being perceived as a City issue and this is why whatever the City puts out it tries to
explain both the positive and the negative. Mr. Reade stated the City is required to do
that by Statute and this is one of the reasons staff feels this might be an appropriate to
bring someone in to make sure that language is precise.
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Mary Bradenburg, President of Connection Strategies, stated the cost
for developing a mail piece is the same whether mailing out 1 or 10,000; the difference is
it cost more print more and to mail more. Ms. Bradenburg stated if mailing a flat piece
full color printed on both sides (i.e. oversized postcard) it will cost approximately .85 per
piece mail. She feels this Election is going to draw more people because of the Mayoral
item on the ballot and because of the referendum items. Ms. Bradenburg stated it all
depends on how many voters the City wants to target. She suggested that the City
targeting everyone who voted in one of the last two City elections plus all of the absentee
voters plus all of the people who have registered to vote since the last election plus last
year's primary voters. Ms. Bradenburg stated that number comes to approximately
15,000 and feels that there will be approximately 6,000 in this Election and maybe as
many as 9,000. She stated the cost depends on how big a universe the City wants to mail.
Ms. Bradenburg stated robo calls are fairly inexpensive; emails take some time to send
out. Ms. Bradenburg suggested that if there are two mailing pieces done the first one
could be an informational piece plus announce the date of a Town Hall meeting; the
second one could reinforce the informational and also serve as a get out to vote piece;
and, the City can decide what else they want to do with email and robo calls which are
quite inexpensive.
Mr. Frankel stated he cannot support $30,000 - 40,000 for an election and
feels the City will be lucky to have 6,000 voters.
Mrs. Gray stated 21 days may not be sufficient time to get everything
completed and mailed out. She does not see how everything can get done in a matter of
two weeks and measure that is what actually got people out to vote or not. Ms.
Bradenburg stated the political mail goes out first class not bulk rate.
Mrs. Gray inquired about the Commissioners not taking a position of what
they think about a particular issue. The City Attorney clarified that the City cannot spend
public funds on advocating one position or the next.
Ms. Morrison expressed concern over the timing and concurred with
comments expressed by Commissioner Gray. Ms. Morrison stated she supports spending
$8,000 -9,000 to professionally wordsmith it upload the webpage, do an email blast and
some flyers printed but she reiterated that much more than that there is not enough time.
Mayor Carney stated it is important to educate voters and the economic
development proposal that the City has to give the City the same tools that the CRA has
in order to attract business to Delray is a very valuable ordinance. Mayor Carney stated
as it relates to some of these other items the change in term limits will save the City
approximately $45,000 - $50,000 every third year. Mayor Carney suggested that some of
issues can be addressed by tailoring the mailing list.
Brief discussion by the Commission followed to budget $10,000. Ms.
Brandenburg stated this would get the City one (1) mailer to everyone who voted in one
of the last two March elections plus all the absentee voters. Ms. Morrison asked if this
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would include an email blast. Ms. Brandenburg stated an email blast would cost a little
more and noted she has about 12,000 email addresses in the City of Delray Beach. Mr.
Reade stated the City of Delray Beach has about 800 email addresses.
After brief discussion, it was a consensus of the Commission to budget
$10,000 for one (1) mailer to everyone who voted in one of the last two March elections
plus all the absentee voters.
Ms. Brandenburg stated she could do this for $12,000 for the City with
one (1) mailer and one (1) email blast right before the election. The Commission
reiterated that they do not want to spend more than $10,000.
Mr. Frankel stated he will not support this at all.
At this point, the time being 10:50 p.m., Mayor Carney passed the gavel to
Vice Mayor Frankel and left the dais. At 10:52 p.m., Mr. Carney returned to the dais.
Ms. Morrison moved to approve to authorize staff to not exceed $10,000
to spend on supplemental materials needed to educate the voters.
Due to lack of a second, Ms. Morrison withdrew her motion.
Ms. Brandenburg stated Connection Strategies would try to include as
much as they can for $10,000.
Mr. Carney moved to approve to authorize staff to use Connection
Strategies for a price not to exceed $10,000 to educate the voters on the various Charter
items the City of Delray Beach has facing the voters this session in accordance with what
staff perceives the direction to be to send out one (1) mailer and that Connection
Strategies develop the language in conjunction with staff, seconded by Mr. Jacquet.
Upon roll call the Commission voted as follows: Mrs. Gray — No; Mayor Carney — Yes;
Ms. Morrison — Yes; Mr. Jacquet — Yes; Mr. Frankel — No. Said motion passed with a 3
to 2 vote, Commissioner Gray and Commissioner Frankel dissenting.
10.M. JOINT MEETING WITH THE COMMUNITY REDEVELOPMENT
AGENCY (CRA) BOARD: Discussion regarding a possible joint meeting with the
Community Redevelopment Agency (CRA) Board.
Ms. Morrison stated there is a little disharmony between the City
Commission and the Community Redevelopment Agency (CRA). The CRA has a lot of
control over the downtown and land available. Ms. Morrison stated the Commission sees
the need to develop some of the areas downtown and she feels the City could get going in
the right direction if the Commission has a joint meeting with the CRA Board.
Mr. Jacquet stated he spoke to Jeff Costello and asked him if he would
agree to a meeting between the CRA and the City Commission and he stated he thought a
36
02/19/13
joint meeting was a good idea but he would have to talk to the CRA Board.
eff Costello, Assistant Director of the CRA, gave a few brief
comments.
Mrs. Gray suggested that the City Commission meet with the CRA Board
on a quarterly basis versus once a year.
Mrs. Gray moved to approve to continue the City Commission meeting to
extend past 11:00 p.m., seconded by Ms. Morrison. 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.
Ms. Morrison moved to approve to hold a joint meeting between the City
Commission and the Community Redevelopment Agency (CRA) to be held within the
next two (2) weeks, seconded by Mr. Frankel. Upon roll call the Commission voted as
follows: Ms. Morrison — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Carney —
Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote.
At this point, the time being 11:04 p.m., Mr. Jacquet left the dais.
At this point, the time being 11:09 p.m., Vice Mayor Frankel left the dais.
10.N. APPOINTMENT TO THE GREEN IMPLEMENTATION
ADVANCEMENT BOARD: Appoint one (1) regular member to serve an unexpired
term plus a two (2) year term ending July 31, 2015 to the Green Implementation
Advancement Board. Based upon the rotation system, the appointment will be made by
Mayor Carney (Seat 95).
Mayor Carney stated he would like to reappoint Giulia Pace as a regular
member to the Green Implementation Advancement Board to serve an unexpired term
plus a two (2) year term ending July 31, 2015. Ms. Morrison so moved, seconded by
Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor
Carney — Yes; Ms. Morrison — Yes; Mr. Jacquet — Yes. Said motion passed with a 4 to 0
vote.
10.0. APPOINTMENTS TO THE NEIGHBORHOOD ADVISORY
COUNCIL BOARD: Appoint appointment of two (2) regular members to serve
unexpired terms ending July 31, 2014, one (1) regular member to serve an unexpired term
ending July 31, 2015, and one (1) At -Large Representative to serve an unexpired term
ending July 31, 2014. Based upon the rotation system, the appointments will be made by
Commissioner Jacquet (Seat 42), Commissioner Frankel (Seat 43), Commissioner Gray
(Seat 44) and Mayor Carney (Seat 95).
Mr. Jacquet moved to reappoint Stephen Lampel (Zone 1) as a regular
member to the Neighborhood Advisory Council Board to serve an unexpired term ending
37
02/19/13
July 31, 2014, seconded by Ms. Morrison. Upon roll call the Commission voted as
follows: Mayor Carney — Yes; Ms. Morrison — Yes; Mr. Jacquet — Yes; Mrs. Gray — Yes.
Said motion passed with a 4 to 0 vote.
Mr. Frankel's appointment will be deferred to the next regular meeting.
Mrs. Gray moved to appoint Bonnie Altenhein (Zone 4) as a regular
member to the Neighborhood Advisory Council Board to serve an unexpired term ending
July 31, 2015, seconded by Mr. Jacquet. Upon roll call the Commission voted as
follows: Ms. Morrison — Yes; Mr. Jacquet — Yes; Mrs. Gray — Yes; Mayor Carney — Yes.
Said motion passed with a 4 to 0 vote.
Mayor Carney stated he would like to appoint Nancy Richards as an At-
Large Representative to serve an unexpired term ending July 31, 2014. Mr. Jacquet so
moved, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr.
Jacquet — Yes; Mrs. Gray — Yes; Mayor Carney — Yes; Ms. Morrison — Yes. Said motion
passed with a 4 to 0 vote.
10.P. APPOINTMENT TO THE FINANCIAL REVIEW BOARD: Appoint
one (1) regular member to serve an unexpired term plus a two (2) year term ending July
31, 2015. Based upon the rotation system, the appointment will be made by Mayor
Carney (Seat #5).
Mayor Carney deferred his appointment to the next regular meeting.
At this point, the time being 11:12 p.m., the Commission moved to Item
13, Comments and Inquiries on Non - Agenda Items.
13. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS.
13.A. City Manager
Douglas E. Smith, Interim City Manager, stated the north end Beach
Renourishment Project is underway and is scheduled to be completed by the end of the
week.
13.13. City Attorney
The City Attorney had no comments or inquiries on non - agenda items.
U.C. City Commission
13.C.1. Mr. Jacquet
Mr. Jacquet commented that the International Tennis Championships
(ITC) is coming up and stated he would like staff to look into the valet parking situation.
He stated he would like to know how many different valet companies the City has, why
38
02/19/13
S.E. 2nd Avenue is completely blocked off by valet parkers in the street, and what does
the agreement entail that the City entered into with the Delray Beach Library Parking
Garage and whether or not the City is renting out to valets. Mr. Jacquet noted that he
would like to discuss this at a Workshop meeting versus a Regular meeting.
13.C.2. Ms. Morrison
Ms. Morrison stated 2`1 Avenue is a big problem with valet parking every
night since Gary Rack's opened and noted the street is totally blocked.
Secondly, Ms. Morrison suggested that the City hold a Town Hall meeting
to discuss the noise ordinance.
Lastly, Ms. Morrison stated she is very disappointed that the City is down
to 137 sworn officers and Chief Strianese informed her a year ago when she was Chair of
the Financial Review Board (FRB) that he is comfortable with between 145449 sworn
officers. Ms. Morrison stated any assistance staff can provide to help get that done to
keep our City safer she would really appreciate it. Mr. Smith stated he has information
regarding this that he will forward to the Commission.
13.C.3. Mrs. Gray
Mrs. Gray inquired about the meeting with Lyle Sumek this year. Mr.
Smith stated Lyle Sumek is scheduled for April 1, 2013 (Mr. Chapman's first day) with
Department Heads and he will check on the date on the meeting with the Commission.
13.C.4. Mr. Frankel
Mr. Frankel had no comments or inquiries on non - agenda items.
13.C.5. Mayor Carney
Mayor Carney had no comments or inquiries on non- agenda items.
There being no further business, Mayor Carney declared the meeting
adjourned at 11:15 p.m.
ATTEST:
�a,� �). y
City Clerk
L
39
02/19/13
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 February 19, 2013, which Minutes were formally approved and adopted by the City
Commission on March 19, 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.
40
02/19/13
IN THE. CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEAC ,: FLO.RIDA
ORDER OF THE CITY` COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
WAIVER REQUEST TO THE STACKING DISTANCE FOR LINTCO. DEVELOPMENT'
1. This waiver request to the stacking distance for. Lintco Development came
Wore. the City Commission on February 19, 2011
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the wailer request to the stacking
requirements. 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(6)(5), prior to granting a waiver, the approving
body.s>,all make a finding that the granting of the'waiver:
(a) $hail not adversely affect the neighboring area;.
(b) Shall not significantly diminish the provision of public facilities .
(c)' Shall .n.ot 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 tFie Stacking Distance Requirements Pursuant to LDR
Section 4,69(D)(3)(c)(1I.)
Pursuant 'to. LDR Section 4.6.9(D)(3)(c)('I ), provisions must be made for "stacking
and transitioriing of incoming; traffic'fro.m:a public street, such that traffic may not backup
into the public street system. 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 (60').
A waiver has been requested to. reduce the stacking distance from the fifty feet
(60`) for parking. lots: with fifty -one (51) or more spaces required pursuant to LDR
Section 4.6i%D)(3)(c).(I) to twenty -eight feet nine inches (28'9'') at the north entrance on
SW 4th Avenue.
February 19, 2013 City Commission Meeting; Item 10.A.
Does the waiver request meet all the requirements of'.2.4.7(B)(5)?'
Yes 2 No 3.
3 The City Commission has: applied the Comprehensive Plan and LDR,
requirements. In existence .at the time; the original development application wag
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,'tesfimony +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;4.6.9 (.D)(3 )(c) (1):
6. Based on the Entire record be. fore it, the City Commission: hereby adopts
this Order this 19th day of February, 2013, by a vote of 3 in favor and 2
opposed.
Thomas F. Carney, Jr., Mayor
ATTEST:
Chevelle: Nubin, City Clerk
2.
February 19, 2013 City Commission Meeting; Item 10.A.
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
QELF2AY BEACH, FLORIDA
CONDITIONAL USE REQUEST FOR BEACHWAY MOTEL AT
65t GEORGE BUSH 1BOULEVARU
ORDER OF THE` CITY COMMISSION'
OF THE CITY OF DELRAY BEACH, FLORIDA
T. This conditional use request has come: before the City Comm'
fission on
February 19, 2013: This conditional use request is to allow partial demolition and
expansion of the: existing 1,960 80. it. seven (7) ,room motel including. removal . of three
3 ex%stin rooms totaling 840 s ft , construction of a 2,930 sq. ft..build`
(. } g g q. Ong add. ition to
accommodate an additional nine (9) room '(total of 13 rooms )., :a new 138 sq. ft..
manager's office, and ten (10) new on- site parking spaces. for Beachway Motel located
at 65.5 George Bush 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 Beachway Motel. All of the evidence is a part of the record in this case.
Findings that are. required pursuant to L.D.R. Section 3.1.1 are made In. Sections I and II
below:.
1. COMPREHENSIVE PLAN
a. Comprehensive Plan Future Land Use Element Objective 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 soil, topographic, and other
applicable physical, considerations, is complementary #a .adjacent. land uses; and fulfills
remaining land use needs.
Is this objective met?
Yes No V_
1
February 19, 2013 City Commission Meeting; Item 10.B.
EIIIIT ` A "'
Conditions Related to the Conditional Use Request for BeachWayMotel
1. A plat to combine both.'parcels and provide for 6.&-of -way dedicat ons along George Bush
Boulevard aid the alleywaymust be processed prior to building permit issuance..
2. Pursuant : to LDR. Section 6.1..2:A.,, the: proposed twenty foot (20) alley adjacent to the
development proposal shall be improved and upgraded, to current. infrastructure standards.
I The existing six: foot (G'}: perimeter fence Hurst be removed. It was constructed without: a
building permit and is subject to City Code .Enforcement action. �iinilarly„ its current
location encroaches within. the adjacent 16' alley right -of -way and prohibits rear vehicular
access: to : adjacent businesses;: along North Federal Highway.
4. it is noted that residential type inns are not allowed within the GC: (General Cormmercial
Zoning District). However, the provision of full size stoves, refrigerators, washers and
dryers are characteristic in nature of a long term; residential rase To comply with the intent
of a hotel or motel,, full size appliances shall not be permitted in ther new: roorm and are to
be removed from the existing rooms.
5. Approval of a: Class N Site Plan mriodifcation application i required prior to baazlduig permt
issuance. The site plan skull be in general conformance vait}i the conditional use exhibits..
6. City :Conmmissiort approval of the five foot (5) sidewalk deferral along. NE 7� Avenue is:
required prior to building permit:.issuance:,
7. The photometric plan shall also indicate that the 1.0- foot candle requirement is met at all
building entrances. Lastly, because LED li ght fixtures have a higher energy rating and
Prevent glare, they shall be substi uted f or the proposed Metal Halide lamps.
K The existing location of the Beachway Motel 'meets the requited fifty foot (50') setback
requirement: from. the centerline of George Bush: Boulevard. However, the fifty feet (50)
should be measured dimensioned from the center line to the existing building. Currently,
it is dimensioned at forty feet (40) to a wall surrounding a landscaped area. The dimension
shall be correctly drawn prior to: site plan cett>ficaton.
9. Modify the site data chart and dimensions on the site. plan to accurately reflect the front
setback distance for the existing building from the new property` lin e after dedication. It. is
neither 20' as dimensioned on the site plan nor 191.z. indicated in the site data chart.
February 19, 2013 City Commission Meeting; Item 10. B.
b- 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 }fie.
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 General
Commercial (GC) and iS zoned General Commercial (GC).
Future. Land Use - Is project's proposed. location consistent with the
Future Land Use Map?
Yes. No
c. Concurrency: 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.
Concu'rrency. as defined pursuant to Objective B -2 of the, Land Use Element of
the Comprehensive Plan. must be met and a determination. remade 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 +foilowing areas:
Are the concurrency requirements met a. respect to water, sewer,
drainage, streets and traffic, parks, open space, solid waste and
schools?
Yes f 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 2.4.5(E)(5) requires certain findings: The conditional use will
not.
1. Have a. significantly detrimental effect upon the stability of the
neighborhood within which, it will be located;.
2
February 19, 2013 City commission Meeting; Item 10.8.
2. Hinder development or redevelopment of nearby propotties.
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 appiicatio.n. 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 repo'rts and testimony of witnesses
supporting. these findings.
5': 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'tl is 19th day of February, 2013, by a vote of
5 in favor;and 0 apposed
Thomas F. Carney, ;1r., May
ATTEST:
Chevelle NU bin
City Clerk.
3
February 19, 2013 City Commission Meeting; Item 10.13.
4
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
l]ELRAY BEACH, ;FLORIDA
CONDITIONAL USE REQUEST FOR TIM FINNEGAN'S IRISH PUB AND
RESTAURANT AT 2888 SOUTH FEDERAL_ HIGHWAY
ORDER OF THE CITY COMMISSION
OF THECITY OF DELRAY BEACH, FLORIDA
1. This; conditional use request has coma. before; the City Commission on
February 1.9, 2013. This conditional use request is to to establish a.2.4-hour or late night
business for Tim Finnegan's Irish Pub and Restaurant located at 2885 South Federal
Highway
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 Tim Finnegan's Irish Pub and Restaurant. All of the evidence is a part of the
record. in this case. Findings that: are required pursuant to L,D:.R. Section. 3.1.1 are
made in Sections I and ll below.
I. COMPREHENSIVE PLAN
a. Comprehensive Plan — Housing Element' Policy A:1I.3':, This objective
requires the City shall consider the effect that the proposal will have on the stability of
nearby neighborhoods.. Factors such as noise, odors, dust, traffic volumes and
circulation; patterns shall be. reviewed in terms of their potential to negatively impact the
safety, habitability and. stability of residential areas. If it is. deterrimined that a proposed
development will result in a degradation of any neighborhood, the project shall be
modified' accordingly or denied.
Is this policy met?
Yes ✓ No
1
February 19, 2013 City Commission Meeting: Item 1 0.C.
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 o n the Future Land Use
Map. The: subject property has a Future Land Use Map designation of ,General
Commercial (GC) and. Cs zoned Planned Commercial (PC).
Future. Land Use: - Is project's proposed location consistent with the
Future: Land Use Map?
Yes No
Q, 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' 4e provided pursuant to levels of service established
within the Comprehensive Plana
Concurrency as defi'h.ed 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 andfor 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 conclurrency requirements mete 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 Camp.re'hensive Plan?
Yes No
II. LDR REQUIREMENTS
a. Section . .4.5(Q(5 requires certain findings: The conditional use will
not:
1. Have a significantly detrimental off.ect upon the stability of the
neighborhood within which it will be located;
2
February 19, 2013 City Commission Meeting; Item 1 D.C.
2. Hinder development or- redevelopment of nearby prop .erties_ ..
Has this requirement been met?
Yes No
3. The City Commission has applied the Comprehensive: Plan and LDR
requirements in existence -at the time tbo conditional use a pp [i . cation was submitted,
4: The 'City Commission finds there is ample and competent substantial
evidence2 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.
3. Based on the entire record before it,. the City Commission approves.
denies the conditional use application subject to the conditions attached hereto in
Exhibit. "Au' and Hereby adopts this Order this 19th day of 1=ebruary, 201.30 by a vote of
5 in. favor and 0 opposed.
ATTEST.
Chevelle Nubin
City Clerk
3
Thomas R Carney,: Mfr., Mayor
February 19, 2013 City Commission Meeting; Item 10.C.
EXHIBIT i.G A 77
Conditions Related to the Conditional Use Request for Tim Finnegan. s' Irish
Pub :and restaurant
i. That the timing for the existing parking lot lights currently operating until midnight be
modified to operate until 8:00 a.m. (1 hour alter closing);
2. That any additional security measures provided by the owner. (.e.. security camer..as,
parking lot;securitj patrol, police patrol, etc) be operational at a Minimum of 11 p.m. - 3
a..rn., regardless of the anticipated number of patrons;
3. That consumption of alcoholic beverages on the premises after 2:00 a.m. is prohibited;
4. That no music;, no outdoor speakers will be allowed outside the building
5. That .Live band music will stop at midnight 12:00`am.
G. The overall, condition of the landscaping at Dumar Plaza. is poor. Numerous trees .and
hedges are missing. from landscape islands and the perimeter buffers. Most of the
existing plant, material will need to be replaced At a minimum,: the North, East a,nd.
Soutlwest.perimeter landscape buffers :shall be improved as follows:
si All 'ihvas.ive material must- be removed and properly. disposed
Shade trees that are fourteen feet (1.4') in height with a six foot (la')
spread shall . be planted every thirty feet (30);on center.
«. A continuous hedge that is a minimum of two feet (Z) in height shall
be installed:, The hedge must be allowed to grow high enough to
provide a sufficient buffer to the neighboring' residentially -zoned
properties.
7. That the existing Irrigation system shall be repaired to:allow for 100% uniform..coverage
of all plant material; and
8. That a Landscape Plan, signed and sealed by a Registered Landscape Architect,
depicting the exisfutig and proposed material. ,shall' be submitted for a formal review and
approval by the City's Senior Landscape> Planner.,
February 19, 2013 City Commission 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 REQUESTS: IN ASSOCIATION WITH THE
CLASS V SITE PLAN APPROVAL FOR SOFA BUILDING #1
1. These waiver requests in association with the Class V site plan approval
for SOFA. Building #1 came before the City Commission on February 19, 2013.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the waiver requests: in association with
the Class V site plan approval for SOFA Building ##1. All of the. evidence is a part of the
record. in this case, Required findings are made in accordance with, Subsection 1.
L WAIVER-
Pursuant to LDR Section .2.4.7(B)(5),. prior to granting a waiver, the approving
body shall .make a finding 'thaf the granting of thewaiver
(a) Shall not adversely' affect the neighboring area,
(b) Shall notsig,nificantly diminish the provision of public facilities,;
(e) Shall not create an unsafe situation; and,
(d) Does not result in the grant of a: special privilege in that the sarne'Waiver
would be granted under similar circumstances. on other property for
another applicant or owner.
A. Waiver #1 —Upper Level Frontage and Setback:
Pursuant to LDR Section 4.4.13(F)(4)(c)(2), the required building frontage
setback at 15' minimum is 70% of the building frontage. The waiver request :is to
reduce the building frontage setback to allow. only 50..3.9 %0 of the frontage setback; at
Does the waiver' request meet all the: requirements of 2.4.7(8.)(5),?
Yes ,/ No
B. Waiver 92 — Vehicular Stacking Distance;
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 for a parking area that has 51 or
more parking spaces is 50'. The proposed 201 -space parking garage provides two (2)'
February 19, 2013 City Commission Meeting; Item 10.D.
access driveways along the eat alley which' duo not provide the Minimum stacking
distance between the: alley right -of -Way, and the first parking space of the parking area..
The :applicant has requested a waiver to this LDR requirement to reduce the stacking
distance to 20'5
Does the waiver request meet all the requirernerlts .Of 2:4:7(8)(5) ?'
Yes No:
,.
Waiver #3 — 8' Minimuirn Sidewalk Width:
Pursuant to LDR,Section 6 1..3(B), an 8' sidewalk shall be provided in the Central
Business District. The applicant is requesting a waiver to allow fora.redu:ction from the
required 8' -0" wide sidewalk to a S' wide sidewalk along SE: 3rd Avenue,. 6' wide
sidewalk along .5E:1 t Street, and 5' wide. sidewalk: along SE: 2nd Street.
Does the waiver request meet all, the requirements; of 2.4:7(B)(5)?
Yes ✓ No
R. Waiver #4 — 75% Ground 'Level Glass Surface Area:
Pursuant to LDR Section 4.6.18(p)(14)(iv)(2), the minimurn transparency or glass
surface area on the ground floor of a[ non- residential. buildings shall be a minimum. of
75 %. The proposed ground floor parking. garage east elevation for the SOFA. Delray
Building #1 does not meet this LDR requirement: Thus, the applicant has requested a'
waiver to. reduce the minimum transparency or glass 'surface along SE. 3rd Avenue to
22 % and 13.6% along SE 1St Street and SE 2,d Street:.
Does the waliver request meet all the requirements of 2.41(8)(5)7
Yes N`o
E. Waiver #5 — Minimum 5' Landscape Buffer:
Pursuant to LDR; Section 4.6,1Q(H)(3)(d,), a landscape .buffer shall be Iocated
between the comfnon lot line and the off-street parking, area or other vehicular use area
in a planting strip of not less than five foot (6) in width. Thus, a waiver has beea
requested to reduce the landscapes buffer from. five feet: (5') to 3'9" along the east
property line adjacent to the alley.
Does the waiver request meet all the requirements of 2,4.7(9)(5)?
Yes ✓ No
2
February 19, 2013 City Commission Meeting; Item 10.D.
F: Waiver #6` Minimum 50% Retail /Office Use for Garage Portion of
Building°
Pursuant to LbR Section 4.6.18(B)(14)(ir)(4)(b), a minimum 50% of the ground
floor perimeter of the, garage or the garage portion of the building adjacent to street
rights-of-:Way: shall be devoted t0 window displays or floor area for active uses such as
retail. stores; personal and business 'service establishments,. entertainment, offices, etc:.
This number may be reduced by the Site Plan Review and Appearance Board. Thus, a:
waives has been requested to reduce this requirement from a minimum of fifty percent.
(50 %) to zero percent (6 %0).
Does the waiver request meet all the requirements of 2.4.7 {B)(5)?.
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 V/
denies the waiver request:to: LDRs.
6. Based on the entire .record before it; the City Commission hereby adopts
this Order this 10th day of February, 2013, . by a vote of 5 in favor and 0`
opposed.
k
Thomas F. Carney, Jr.; Mayor
E'ST:
:Chevelle Nubin, City Clerk
3
February 19, 2013 City Commission Meeting; Item 1 0.D.
WAIVER REQUESTS ASSOCIATED WITH SOFA BUILDING #2
1. These waiver requests:associated with. SOFA Building #2 came,before the
City Commission. on February 19, 2013,
2. The applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the waiver: requests for SOFA Building
-
#2. All of the evidence is a part of the record in this case, Required findings are made
in accordance With Subsection I.
I. WAIVER-
Pursuant to. LDFt 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 signif% cant ty 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 anted under similar circumstances on other property for
another granted
her applicant or owner:
A. waiver #1. — Recluired Building Frorita a and Setback:,.
Pursuant LDR Section 4.4j3(F)(4)(c)(2)- for a height of twenty -five feet (25') to.
forty;-eight feet (48'), at least :seventy percent (70 %) of the building frontage shall be set
back a minimum of fifteen feet (15') from the property line (191' -Bu' is required, 152'-:4" is
proposed).. The remaining length of the building shall comply with the minimum' required
5, setback (82 " -0": is required, 121'-.Z" proposed)..
Does the waiver request meet all the requirements. of 2.,4,7(8)(5)?
Yes ✓ No
February 19, 2013 City Commission Meeting; Item 10.E.
B. Waiver #2 -- Vehicular Stacking Distance:.
Pursuant to LD,R Section 4.6.9(D)(3)(c)(1), the mi'nirrium stacking distance.
between a right -of -way and tine first parking space for a parking. area that has 51: or
more parking spaces is 50'. The proposed 97 -space parking garage provides two
access driveways along the alley wrhich .do .not provide the minimum stacking distance
between the alley right -of -way and the first parl�irig space of the parking area. Both the
northern and southern access driveways provide less than the 50" minimum required
(20'=4" is proposed)..
Does the waiver request meet all the requirements of 2.4.7(B)(5)"
Yes f No
C. Walyer #3 — 8' Minimum Transparency of Glass Surface Area:
Pursuant to LD14 Section 4.6;1$ (B) {14)(iv)(2), the min rr►um transparency or
glass surface area on the ground floor wall area of all n. on- residential and rnixed -use
buildings shall be a minimum of 75% of the wall area for that elevation. All storefronts or
glass areas abutting the. street shall be transparent. The building; ground floor
transparency along' SE 2 nd Avenue is 11% while 75% is required.
Does the. waiver request meet all the requirements of 2.41(B)(5) ?`
Yes ✓ No
D. Waiver #4 -, Reaulres Fiftv Percent (50%
LDR. Section 4,6.18(B)(14)(vi)(4)(b), requires that fifty percent (50%). of the
garage portion of the building on the. ground level is to be dedicated to use for retail,
office, entertainment or other non - residential uses. The. applicant is requesting. a waiver
to reduce this percentage from the required. 50% to. zero. percent (Ci °lo).
Does the. waiver request meet all the requirements Of 2:4:7(6)(5)?
Yes; No
E. Waiver #5 — Requires a Minimt
LD.R Section 4.6,16(H)'(3)(d) requires a minimum five foot (5) landscape buffer
separating a parcel boundary `line and a vehicular use area..; The waiver request is .to
reduce from 5' to &4' the landscape buffer at the rear of the property adjacent to the
alley.
2
February 19, 2013 City Commission Meeting: Item 10.E.
Does the waiver request :meet all the requirements: of 2.4.7(15)(5)?
Yes No
I 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 deterrriin2.tions Set forth in this Order are :consi:stent with. the
Comprehe'nslve. 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. LDRs:.
G. Based on the entire record before it,, the City Commission hereby adopts
his Order this 19th day of February, 2013, by a vote of 5, in favor and Q
opposed..
Thomas F. Carney,: Jr., Mayo.
Chevelle Nubin, City Clerk
3
February 19, 2013 City Commission Meeting; Item 1 0.E.