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06-04-13 Regular Meeting MinutesJUNE 4, 2013 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Cary Glickstein in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, June 4, 2013. 1. Roll call showed: Present - Commissioner Shelly Petrolia Commissioner Alson Jacquet Commissioner Adam Frankel Commissioner Angeleta E. Gray Mayor Cary Glickstein Absent - None Also present were - Louie Chapman, Jr., City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Reverend Diana Melendez, Delray Beach Clergy Association. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mr. Frankel moved to approve the Minutes of the Regular Meeting of May 7, 2013, seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mr. Jacquet -- Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes. Said motion passed with a 5 to 0 vote. Mrs. Gray moved to approve the Minutes of the Regular Meeting of May 21, 2013, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel -- Yes; Mrs. Gray Yes; Mayor Glickstein --- Yes; Mrs. Petrolia — Yes; Mr. Jacquet --- Yes. Said motion passed with a 5 to 0 vote. 5. PRESENTATIONS: 5.A. State Representative Bill Hager — Update on Legislative Session State Representative Bill Hager stated the Florida Legislature meets 40 days out of the year and he represents House District 89 which starts in Boca Raton continues along the coast up to West Palm Beach and moves over to the Town of Palm. Beach and Singer Island. Representative Hager stated they finished with the balanced budget the same day the Federal government's bonds were down rated to AA and the 06/04/13 State of Florida's were upgraded to AAA +. He stated the State of Florida schools rank e in the United States up from 35 20 years ago. Representative Hager stated with regard to the funding for the current fiscal year they added another $1.5 billion to the public schools and Florida has predicated choice because everything about free markets and mankind shows us that products and services get better with competition. He stated in the State of Florida there are 500 charter schools and there are 80,000 children standing in line waiting for a slot with the charter school system. Representative Hager stated the unemployment rate in the State of Florida is 7.1 %. He stated he was a co- sponsor of the sober homes legislation and noted they were not successful in getting this through; however, they will be back at it. Representative Hager stated he is familiar with the sober home issue and the weaving the thread through the needle and that thread is between Federal Housing Law, Local Law, Constitutional issues and he is also familiar with the challenges that sober homes create in the communities. Representative Hager thanked the Commission for their service. 5.B. State Representative Bobby Powell, Jr. -- Update on Lezislative Session (Addendum) Representative Bobby Powell, Jr. stated this year in session they had an opportunity to work together and get things done in a non - partisan manner. Mr. Powell stated they are broken up into Republicans and Democrats and noted that we have our own delegation (Palm Beach County Delegation). Representative Powell stated a couple things that affect us are the sober homes and beach renourishment. He stated this year with regard to sober homes, there was no major legislation that passed; however, there was money put into the budget and provides the language for the Department of Children and Families to use funds to establish a license and registration process for sober homes, facilities and their operations. He stated internet cafes were all closed down this year and with regard to gambling that was the only gaming legislation that they tackled this year in session. Representative Powell stated with regard to education in Florida kids who were born in this country but their parents were not if they go to college they would not have to pay out -of -state tuition but international fees in order to go to college. He stated this year this was changed so that if a student was born in the United States regardless of whether their parents were born here or not they have the same opportunity as other students who were born here because they are citizens of Florida and therefore can request in -state tuition. Representative Powell stated there is now a dual system where a student can get a scholar diploma or certified diploma to allow them to be certified in a specialized field and still have a high school diploma. He stated with regard to elections, it limited the process, eliminated many days of early voting, and shortened timeframes. This year that was changed with House Bill 7013 which allows for longer days for early voting (minimum of 8 and a maximum of 14) and gives the Supervisor of Elections an opportunity to have early voting in places where they can accommodate more people. Representative Powell stated they passed a Transportation Bill with regard to red light cameras where there is no longer a fine for turning right on red. He stated in Palm Beach County there are approximately 297,000 people who do not have healthcare coverage. 2 06/04/13 Representative Powell stated this year there was discussion of several plans; however, the House and the Senate could not agree on a plan for everyone so consequently nothing was passed. Mayor Glickstein thanked both State Representative Hager and State Representative Powell, Jr. for the updates and the Commission looks forward to working with them in the upcoming months in the next legislative session to further some of the priorities. Mr. Jacquet stated he has had the opportunity to work closely with Representative Powell and Representative Hager when he was a Legislative Aid in the State Legislature and feels that the Palm Beach County Delegation is one of the best delegations across the state and thanked them for representing the City of Delray Beach very well in Tallahassee. 6. Comments and Inquiries on Agenda and Non - Agenda Items from the Public Immediately Following Presentations 6.A. City Manager's response to prior public comments and inquiries. With regard to Mr. Blum's comments regarding the City's survey, the City Manager stated the City will probably only conduct that survey every second or third year not annually. Secondly, the City Manager stated staff is looking into Ms. Vinik's request to discontinue water fluoridation. The City Manager stated the Health Department would like to make a presentation to the City Commission regarding the benefits of fluoridation and noted staff will schedule that at some point in the future. The City Manager stated he had a follow -up meeting with Christina Morrison regarding the Financial Review Board (FRB) and the City is going to try and use them more expeditiously for matters involving the City. Lastly, the City Manager stated regarding ADA compliance with street signs, staff is going to look at this issue to make sure they are ADA compliant. 6.B. From the Public. 6.B.1. Bob Ganger, Chairman of the Florida Coalition for Preservation located in Delray Beach commented about the 2013 award designating the City of Delray Beach as one of America's best restored beaches. Mr. Ganger stated this is an important achievement and gave kudos to everyone who worked on that. He stated healthy beaches and dunes have contributed to the economic well -being and quality of life of the people who live in Delray Beach but it is part of how the city got the designation of things such as the All - America City and a great place to have fiin. Mr. Ganger stated a relatively new coalition of private citizens has been formed to encourage 3 06/04/13 coastal residents to become more informed about beach protection issues and to work with government representatives to find solutions that best meet the needs of coastal communities throughout the Palm Beach area. He stated the Beach Property Owners and the Coalition are two of roughly twelve individual citizens groups that are working together with a group called "Protect Our Beaches ". Mr. Ganger stated their job is to make sure people understand the issues that they communicate with elected officials who can do something about the issues and in particular with people at the federal, state, and county level. He invited the Commission to attend a meeting regarding beach protection issues on Saturday, June 15; 2013 from 9:00 a.m. to 12:00 p.m. at the Boca Raton Resort and Club (Valencia Room). 6.11.2. Lisa Ouillian, 925 S.E. 2nd Avenue, Delray Beach, FL 33483, stated there is a typo on the Agenda regarding Item 9.D., Special Event Request/Give Away School Supplies, and noted this should read S.E. 2nd Avenue not S.E. 3rd Avenue. She expressed concern that this will be going on until 10:00 p.m. and stated that since this is a very high crime area and for anything after dark the City needs to consider having Delray Beach Police instead of security provided by the event sponsor. 6.13.3. Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane 42110, Delray Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray Beach and Member of the Alliance), commented on the discussion of the LDRs and stated Delray Beach is two cities; one in season and one not in season. Dr. Kirson stated all the congestion during season is not caused by increased density but instead it is caused by tourism. He stated the City needs the development of these downtown units and the extra density of people that can walk or ride a bike to these facilities and keep them going. He stated right now there are two well -known restaurants that are close to going under. 6.B.4. Jim Smith, 1225 South Ocean Boulevard #202, Delray Beach, FL 33483 (Chairman of S.A.F.E. Organization), stated at the last meeting the S.A.F.E. Delray Outreach Specialist made a presentation on a survey on pedestrian signals along Atlantic Avenue. Mr. Smith stated regarding the ped signals on 2nd and 4th Avenue, he suggested taking out the push button ped signals completely and leaving the walk man signs so when the light turns green it turns on and it stays on until it is time to count down. Mr. Smith stated with the heavy pedestrian environment on Atlantic Avenue just having the "walk" sign on will do the trick. 7. AGENDA APPROVAL. The City Manager requested to remove Item 9.C., Initiation of an Amendment to Land Development Reeulations (LDR) from the Agenda. Mr. Frankel moved to approve the Agenda as amended, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel Yes. Said motion passed with a 5 to 0 vote. 4 06/04/13 S. CONSENT AGENDA: City Manager Recommends Approval. S.A. FINAL SUBDIVISION PLAT APPROVAL /SOFA DELRAY ONE: Approve a proposed multiple family residential development containing 117 rental units being platted as SOFA Delray One located on the east side of S.E. 3rd Avenue between S.E. 1st Street and S.E. 2nd Street. S.B. FINAL SUBDIVISION PLAT APPROVAL/SOFA DELRAY TWO: Approve a proposed multiple family residential development containing 55 rental units being platted as SOFA Delray Two located on the west side of S.E. 2nd Avenue between S.E. 1st Street and S.E. 2nd Street. S.C. HOLD HARMLESS AGREEMENT/5 S.E. 2ND AVENUE: Approve a Hold Harmless Agreement with BOEJ, LLC to allow for installation of a dumpster with steel posts supporting gates and a fence screen within the public utility easement for the property located at 5 S.E. 2nd Avenue. S.D. SUPPLEMENTAL AGREEMENT NO. 1 TO THE LOCAL AGENCY PROGRAM (LAP) / FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT): Approve Supplemental Agreement No. 1 to the Local Agency Program (LAP) with Florida Department of Transportation (FDOT) for the construction of the Federal Highway Beautification Project. 8.E. AMENDMENT NO. 1 TO THE ALTERNATIVE WATER SUPPLY (AWS)_ GRANT AGREEMENT /SOUTH FLORIDA WATER MANAGEMENT DISTRICT (SFWMD): Approve Amendment No. 1 to the South Florida Water Management District (SFWMD) Alternative Water Supply (AWS) Grant Agreement for the Area 12A -Phase 1 Reclaimed Water System Expansion Project. S.F. CONTRACT ADDITION (CHANGE ORDER NO. D /SEALAND CONTRACTORS, CORPORATION: Approve Contract Addition (C.O. No. 1) to Sealand Contractors, Corporation in the amount of $96,816.50 for the Federal Highway Beautification Project. Funding is available from 334- 3162 - 541 -68.52 (General Construction Fund: Other Improvement/Federal Highway Beautification Project). S.F.I. AMENDMENT NO. 1 TO THE CONSTRUCTION ENGINEERING AND INSPECTION SERVICES (CEI) AGREEMENT/R.J. BEHAR & COMPANY, INC.: Approve Amendment No. 1 to the Construction Engineering and Inspection Services (CEI) Agreement in the amount of $16,050.00 with R.J. Behar & Company, Inc. for the Federal Highway Beautification Project. Funding is available from 334 - 3162 -541 -6852 (General Construction Fund: Other Improvement/Federal Highway Beautification). 06/04/13 8.G. CONTRACT CLOSEOUT _(CHANGE ORDER NO. 21FINAL )/FOSTER MARINE CONTRACTORS INC.: Approve Contract Closeout (C.O. No. 2/Final) in the amount of a $4,546.00 decrease and final payment in the amount of $40,432.25 to Foster Marine Contractors Inc. for completion of the Drainage Swales FY12 - Lake Ida Project. Funding is available from 448- 5461 -538 -46.43 (Storm Water Utility Fund: Repair & Maintenance Service/Drainage Swales). S.H. CORRECTION TO CONTRACT AWARD/MANCIL'S TRACTOR SERVICE, INC.: Approve a corrected contract award in the amount of $976,767.82 with Mancil's Tractor Service, Inc., for Construction of the S.W. 2nd Street Beautification Project. Funding is available from 334 - 3162- 541 -65.95 (General Construction Fund: Capital Outlay /S.W. 2nd Street Beautification) and 448- 5461 -538- 65.95 (Storm Water Utility Fund: Other Improvements /S.W. 2nd Street Beautification). 8.I. AMENDMENT TO EASEMENT, USE, MAINTENANCE AND DECLARATION AGREEMENT /120 S.E. 4TH STREET: Approve Amendment to Easement, Use, Maintenance and Declaration Agreement where the City is not a party, but the City must give its approval for the amendment for the property located at 120 S.E. 4th Street. 8.J. STATE AND LOCAL TASK FORCE AGREEMENT/DEPARTMENT OF JUSTICE DRUG ENFORCEMENT ADMINISTRATION (DEA): Approve a State and Local Task Force Agreement with the Department of Justice Drug Enforcement Administration (DEA) to provide for one officer from the Police Department to join the DEA Task Force to disrupt illicit drug traffic. S.K. RESOLUTION NO. 31 -13: Approve Resolution No. 31 -13 assessing costs for abatement action required to remove nuisances on 11 properties throughout the City of Delray Beach. The caption of Resolution No. 31 -13 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND 6 06/04/13 INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. (The official copy of Resolution No. 31 -13 is on file in the City Clerk's office.) S.L. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period May 20, 2013 through May 31, 2013. S.M. AWARD OF BIDS AND CONTRACTS: 1. Bid award to Complete Property Services of South Florida, Inc., in the amount of $29,180.00 for landscape maintenance at Atlantic Avenue Gateway Feature. Funding is available from 119 -4144- 572 -46.40 (Beautification Trust Fund: Repair & Maintenance Services /Beautification Maintenance). Mr. Frankel moved to approve the Consent Agenda, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia --- Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A. CONDITIONAL USE REQUESTSIUPTOWN DELRAY: Consider conditional use requests to Land Development Regulations (LDR) Section 4.3.4(J), "Increases to Height Regulations ", to allow an increase in the building height in excess of 48 feet (60 feet proposed) and Section 4.4.13(1), "Increase in Density ", to increase the density in excess of 30 residential units per acre (69.52 units per acre proposed) for a proposed mixed -use development that includes the demolition of the existing commercial building and removal of the existing parking lot and construction of 146 residential apartment units and 7,854 square feet of retail office space in a 6 -story building and 6- level structured parking garage for Uptown Delray, located on the north side of S.E. 2nd Street between S.E. 4th Avenue and S.E. 5th Avenue. (Quasi - Judicial Hearing) Mayor Glickstein read the City of Delray Beach Quasi - Judicial rules into the record for this item and all subsequent Quasi - Judicial items. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. 7 06/04/13 Mayor Glickstein asked the Commission to disclose their ex parte communications. Mr. Frankel stated he met with the applicant at their attorney's office and also spoke with Jim Knight about the project. Mrs. Gray stated she spoke to Attorney Michael Weiner and the applicant. Mr. Jacquet stated he spoke to the applicant and Jim Knight. Mrs. Petrolia stated she spoke to the applicant (Mr. Biggs and Mr. Mathias), and Attorney Michael Weiner. Mayor Glickstein stated he received emails from Attorney Michael Weiner, Architect Brewer, Representatives of the applicant, other parties: Bokius, Singlust, Smith, Walton, Ramsey, Biggs, Ager, Groth, Mauncy, and Disipio. Mayor Glickstein stated he has had no dialogue with any party. Paul Dorling, AICP, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2013 -030 into the record. Mr. Dorling stated this is consideration of two conditional uses; one, to increase the building height to a maximum of sixty (60) feet and another to allow a density increase of over 30 units to the acre up to 69.52 units per acre. He stated the property is located adjacent to the Bellsouth Telecommunication building. Mr. Dorling stated this property currently contains an office building and a parking lot which was constructed in association with the telecommunication building located immediately to the west in 1973. The off -site parking lot is 66 parking spaces tied to that building and as part of this proposal they are providing a parking garage which accommodates the parking with the retail development but also those 66 that are allocated to parking spaces that are allocated to the adjacent development. The required findings for both the height and the density are explained and attached in the Planning and Zoning Board staff reports. Mr. Dorling stated there are nine (9) standards and two (2) of those have not been met; five (5) that they do meet and one (1) that does not apply and one (1) that is partially met. He stated for the two (2) standards they do not meet both of those are related to mitigating mass and scale of buildings; one of those relates to increased setbacks and massing of buildings as you go up. Mr. Dorling stated this is a six (6) story building and stories 3, 4, 5, and 6 do not comply with the increased setbacks or exceed floor area maximums that are identified in the code. Mr. Dorling stated the other one that they do not meet relates to increased landscaping to mitigate the mass of the structure and that in part is a function of a modification they have made where they have reduced the setbacks along 2nd Street from 15 feet to 5 feet. He stated in doing so they removed larger scale landscaping which helps to mitigate the mass of the building. Mr. Dorling stated meeting five (5) of the nine (9) standards staff does not believe the applicant meets the necessary standards to comply and support the necessary density. He stated even if they were to meet all of those standards the Commission is still within its means to deny the project because it is not compatible in terms of building, mass, and intensity of use with surrounding developments. At its meeting of May 20, 2013, the Planning and Zoning Board where a recommendation of approval was made for the increase in density failed on a 3 to 4 vote (Durden, Lynch, Pierre - Louis, Shutt dissenting). The Board then made to 06/04/13 recommendation to deny the building height which was approved with a 6 to 1 vote (Franciosa dissenting). Mrs. Petrolia asked if the applicant meets the standard regarding the garage and obscuring the parking spots. in response, Mr. Dorling stated the applicant does not meet the LDR requirement. Mrs. Gray asked which one of the letters the applicant has not complied with. Mr. Dorling stated staff believes the applicant does not meet (a) and (i); the five (5) standards they meet are (c), (d), (e), (f), and (g); (h) does not apply and (b) is the one the applicant partially met. Mrs. Gray asked where in proximity to this project is the SOFA project. Mr. Dorling explained to Mrs. Gray from the aerial photo where the SOFA project is in relation to this project. Mayor Glickstein stated in terms of the calculations of the 60 foot height staff is not making any distinction in there because there is a 6th story. Mr. Dorling confirmed that staff is not making any distinction because there is a 6th story. Robert Mathias, New Century, 100 East Linton Boulevard, Delray Beach, FL, stated the site is located two blocks south of Atlantic Avenue and SOFA's building is adjacent to them. Geor, a Brewer Brewer Architects Inc. 85 S.E. 4�h Avenue Delray Beach, FL 33483, stated they corrected the deficiencies of their project and they now meet the requirements; however, staff has not had a chance to review and confirm. Mr. Brewer gave a brief overview of the project and noted on 2nd Street the setback for the upper floor beyond the 4' floor is 150 feet. He stated he hopes this will become attractive to commercial tenants that will provide services for the neighborhood and the residents that will live here. At this point, Mr. Mathias gave a few brief comments about the Comprehensive Plan and the density per acre. Mayor Glickstein asked if staff stands by their calculations and staff report. Mr. Dorling stated he supports the staff report and noted that the applicant's own presentation tells the Commission that they do not meet it yet but they can and they are asking the Commission to consider that. However, Mr. Dorling stated right now the plans do not meet it at this time. Mr. Mathias stated tonight they are asking for density and height and SPRAB working with staff and then going to certification gives them the ability to build something. Brief discussion followed between Mr. Mathias and the Commission. 0 111119MIN Michael Weiner, Weiner, Lynne & Thompson, P.A., 10 S.E. 1st Avenue, Delray Beach, FL 33444, stated there is precedent for tabling even after the public is speaking. The applicant requested that the Commission table this item to a date certain of August 6, 2013. Mr. Frankel moved to table this item to a date certain of August 6, 2013, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:10 p.m. the Commission moved to Item 10, Public Hearings. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 10 -13: Consider an amendment to Chapter 33, "Police and Fire - Rescue Departments ", Section 33.62, `Benefit Amounts and Eligibility ", and Section 33.64, "Contributions ". The caption of Ordinance No. 10 -13 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33, "POLICE AND FIRE - RESCUE DEPARTMENTS "; AMENDING SECTION 33.62, "BENEFIT AMOUNTS AND ELIGIBILITY "; AMENDING SECTION, "33.64, "CONTRIBUTIONS "; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 10 -13 is on file in the City Clerk's office.) A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Attorney read the caption of the ordinance and stated at the last meeting this was postponed to this evening because staff did not have the actuarial calculations of no impact from the Police and Fire Pension Boards actuary which is required. The City Attorney stated the City now has that which states there is no impact and this is the ordinance that changes the City's code based on the ratification of the agreements that the City has with the Police and Fire Pension where new hires are paying the extra 3% and they are not entitled the actual benefit enhancement. 10 06/04/13 Mayor Glickstein declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 10 -13, the public hearing was closed. Mr. Frankel moved to adopt Ordinance No. 10 -13 on Second and FINAL Reading, seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein -- Yes; Mrs. Petrolia — Yes. Said motion passed with a 5 to 0 vote. 9.B. CONDITIONAL USE RE UEST/CRISTO PARA TODAS LAS NACIONES: Consider approval of a conditional use request to allow the establishment of a church for Cristo Para Todas Las Naciones (Christ for all Nations) within the Congress Square shopping center, located at 2280 West Atlantic Avenue, Suite# 2206. (Quasi - Judicial Hearing) Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Glickstein asked the Commission to disclose their ex parte communications. Paul Dorling, AICP, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2013 -118 into the record. Mr. Dorling stated this is a conditional use request to allow the conversion of 3,499 square feet into a church use. This will occupy tenant space located within Congress Square Shopping Plaza at the southwest plaza of West Atlantic Avenue and Congress Avenue. Mr. Dorling stated this facility would like to occupy the space in the southwest corner of the site. He stated their intent is to utilize the parking towards the rear of the shopping center which is underutilized. He stated the church will have 124 members and will operate on Thursday evenings between 7:30 p.m. and 9:30 p.m. on Saturdays between 7:00 a.m. and 8:00 a.m. and on Sundays between 9:00 a.m. and 1:00 p.m. Mr. Darling stated required findings are made in the staff report to LDR Section 3.11 as it relates to potential concerns with this type of use in a commercial shopping center as it relates to activity levels in the overall center. Mr. Dorling stated initially there was a concern that church use would not be open during regular retail hours and would be closed most of the normal shopping hours in a retail center. However, Mr. Dorling stated this location is tucked back in the southwest corner of the site and mitigates some of those concerns. He stated the Code has attempted to address these concerns by limiting the maximum size of such uses to 3,500 square feet maximum and requires a minimum separation of 750 feet between similar uses. Mr. Dorling stated this is a portion of the first floor that was previously occupied by a vocational school so in this case staff believes those concerns are mitigated. He stated required findings under LDR Section 2.4.5(E)(5) are also made in the staff report and staff does not believe this use will hinder redevelopment of any of the nearby properties. Mr. Dorling stated a CPTED review was done with this and it was a suggestion by the Police Department that 11 06/04/13 additional camera, lighting, and fencing improvements be included and is identified as conditions of approval #1 -5 in the City Commission documentation. At its meeting of May 20, 2013, the Planning and Zoning Board considered this item and a public hearing was held in conjunction with the conditional use request. The Board had discussions regarding the appropriateness of the conditional use request and after their deliberations; the Board moved a recommendation of approval for the conditional use request on a unanimous vote of 7 to 0 by adopting the findings of fact and law contained in the staff report. Jairo Gonzalez, Artech Designers and Enstineers, LLC, 362 Muneco H, Delray Beach, FL 33446 (Engineer of the project), stated their project is located in the Congress Avenue plaza between Atlantic Avenue and Congress Avenue. Mr. Gonzalez stated they are not going to touch any exterior of the building and they will not impact the aesthetic or the general regulations of the plaza. He stated they are going to devote 150 square feet for a bookstore for religious items. Mrs. Gray asked if the music coming from the church will affect the neighboring stores, etc. Mr. Dorling stated his understanding is that those concerts would be internal to the building and would not affect anything external. Raul Torres, 14401 South Military Trail, #F -101, Delray Beach, FL (church member, stated with regard to the music the church will have meetings on Sunday mornings and Mondays. Mrs. Gray stated she is concerned with the retail and a restaurant nearby and asked staff if they feel this is okay. Mr. Dorling stated since it is internal to the project he does not see it as a compatibility concern. Mr. Jacquet stated on page 7 of the Planning and Zoning Staff Report under the parking section where it lists "the church will operate Thursday evenings between 7:30 p.m. (Worship and Prayer); Saturdays between 7:00 a.m. and 5:00 a.m. (Worship and Prayer); and Sundays from 9:00 a.m. - 11:00 a.m. (Sunday school) and 9:00 a.m. — 11:00 a.m. and 11:00 p.m. -- 1:00 p.m. (Worship and Prayer)." Mr. Jacquet stated if the Worship and Prayer is at night then there would be a problem. Mr. Dorling clarified this should read Thursday evenings, Saturdays in the morning, Sundays from 9:00 a.m. —1:00 p.m. Mr. Jacquet asked staff to explain the purpose of the picket fence perimeter. Mr. Dorling stated the Police Department suggested that a fence be provided in this location and creates a barrier and forces someone to go around. Mr. Jacquet stated with regard to CPTED (Crime Prevention Through Environmental Design comments and staff stated that the applicant has taken some steps as far as security and fire plan and asked if this is something the City needs to consider as well. 12 06/04/13 Mr. Dorling stated the things that the applicant has submitted the City would review and run through the Police Department; the only things that have not been done are attached as conditions of approval which include some of the CPTED items. The applicant stated he can meet all five (5) conditions. Mayor Glickstein stated if anyone from the public would like to speak in favor or in opposition of the conditional use request, to please come forward at this time. There being no one from the public who wished to address the Commission, the public hearing was closed. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Jacquet moved to adopt the Board Order approving the conditional use request subject to the conditions 91 -5 listed in the City Commission documentation, seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote. 9.C. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA AS REQUESTED BY STAFF. 9.D. SPECIAL EVENT REQUEST/GIVE AWAY SCHOOL SUPPLIES: Consider approval of a special event sponsored by Double Action/Caribbean Grocery for "Give Away School Supplies," proposed to be held on July 26, 2013 from noon to 10:00 p.m.; grant a temporary use permit per LDR's Section 2.4.6(F) for the closure of S.E. 3rd Avenue between S.E. 2nd Street and S.E. 3rd Street, and authorize staff support for traffic control and security, stage use and setup, City generator use, barricading, trash boxes and light tower rental; contingent upon receipt of a deposit in the amount of $300.00, a Hold Harmless Agreement and Certificate of Event Liability Insurance no later than July 11, 2013. The event sponsor will pay 100% of costs for an estimated amount of $2,470.00. Robert A. Barcinski, Assistant City Manager, stated this item is a request for the Commission to consider approval of this special event request sponsored by Double Action/Caribbean Grocery and noted a correction that it is S.E. 2nd Avenue closure not 3`d and would require staff support with police, traffic control, stage use, set- up, light tower rental, etc. Mr. Barcinski stated all the required documentation was provided. Mr. Barcinski stated the estimated total cost for this event is $2,470.00 which includes the overtime, administrative fee and all the other supplies and equipment. He stated the event producers are required to pay 100% of these costs. Staff recommends approval with two conditions: (1) provide Hold Harmless Agreement and Certificate of Liability Insurance by July 11, 2013, and (2) payment of a deposit in the amount of $300 by July 11, 2013. 13 06/04/13 Mrs. Petrolia asked if there is a waiver required under the amplified music section. Mr. Barcinski stated the waiver is approved by the City Manager by ordinance and that letter will be forthcoming and will have to be executed. Mrs. Gray commented about the conditions and inquired about the $300 deposit. Mr. Barcinski stated when the Commission change the policies and procedures where they were paying 100% the Commission indicated that they wanted to start seeing a deposit of new events because the one new event (Italian Festival) never paid the City and at that time the City did not require a deposit. Mr. Jacquet asked if this any effect on downtown. In response, Mr. Barcinski stated this is between S.E. 2nd Street and S.E. 3rd Street and this is something the businesses would like to do for the community to help get these backpacks to the kids. Albert Jerome, business owner on S.E. 2nd Avenue, stated they are going to have the "Give Away School Supplies" in front of his business and distributed invitations to the Commission. Mr. Frankel asked why the event coordinator is requesting that the event be held until 10:00 p.m. Dorcas Lucien, business owner on S.E. 2`"1 Avenue, stated last December they gave away toys, bicycles, etc. and the event lasted until 9:00 p.m. but even after this time people where still there trying to get bicycles for their children and overall were having fun. Mr. Jacquet stated he attended the event December 19d' which was a huge event and the number of toys that were given out to the community was remarkable. He is very proud that there are people in the community that are doing this kind of work for the children who are less fortunate. Mr. Jacquet stated he understands that the time may be of concern to some people; however, when he was leaving the event around 8:0019:00 p.m. there were still people there trying to get bicycles for their children. Mr. Jacquet asked if there were any incidents last time that would warrant the City to not have this event. Mr. Barcinski stated the City has more security this time because it was very crowded and two officers were not enough. Mr. Jacquet supports this event wholeheartedly and urged the Commission to support this event for the children in the community. Mrs. Petrolia confirmed that the event sponsors are not giving away bicycles this time so maybe the crowd control will not be as extensive. Jim Kni ht 10 S.E. 0 Avenue. Delray Beach FL 33444 stated he was involved in the Christmas give -a -way and it was a very well attended event. Mr. Knight stated there was no alcohol involved with Christmas event and there is not going to be any alcohol involved here. 14 06/04/13 Mr. Frankel pointed out that on the application the event sponsors are requesting light. The event sponsors stated this has been taken care of. Mrs. Gray stated this is a great idea. Mayor Glickstein commended the event sponsors for what they do. Mr. Jacquet moved to approve the Special Event Request subject to the conditions, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. 9.E. RESOLUTION NO. 30 -13/MID YEAR BUDGET AMENDMENT: Consider approval of Resolution No. 30 -13 amending Resolution No. 49 -12 adopted September 20, 2012, which made appropriations of sums of money for all necessary expenditures of the City of Delray Beach for the FY 2012/2013, by setting forth the anticipated revenues and expenditures for the operating funds of the City for FY 2012/2013. The caption of Resolution No. 30 -13 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 49 -12 ADOPTED SEPTEMBER 20, 2012 WHICH MADE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE FISCAL YEAR 2012/2013, BY SETTING FORTH THE ANTICIPATED REVENUES AND EXPENDITURES FOR THE OPERATING FUNDS OF THE CITY FOR THE FISCAL YEAR 2012 /2013; REPEALING ALL RESOLUTIONS INCONSISTENT HEREWITH. (The official copy of Resolution No. 30 -13 is on file in the City Clerk's office.) David Boyd, Finance Director, stated this budget amendment is for grant and construction related projects only; there are no operating activities in this budget amendment. Mr. Boyd explained that the items in this amendment fall into five (5) categories: (1) Commission approved activities (i.e. the FED Cup $201,000, Hurricane Sandy dune repair on the north beach $164,000, and the Delray Beach Preservation Trust Neighborhood Sign Program $7,500); (2) new grants received subsequent to the budget process $34,000 for a police bulletproof vest purchase, $70,000 for an emergency medical services equipment purchase for the Fire Department and $10,000 FDOT grant for Atlantic Avenue median project, (3) Continuation of existing grant funded projects (i.e. CDBG, Neighborhood Housing Programs totaling $670,000; and $83,000 for an 15 06/04/13 FDOT grant for the Tri -rail trolley system), (4) close -out of existing grant projects (i.e. Water /Sewer Renewal Replacement Projects — two grant funded projects that were closed out below budget $43,000 and in the Construction Fund three projects came in $587,000 under budget, (5) Construction Projects and two Enterprise Funds — includes $380,000 in unanticipated stormwater projects paid for out of stormwater reserves; two other projects in the Water /Sewer Fund to replenish two water main projects $505,000. Mr. Boyd stated this amount is to replenish two projects back to their original funded amount because sometime in the past money was taken out of these budgets to fund two projects that were more urgent than these at the time and $350,000 to cover estimated city -wide new meter installation costs paid for from Water /Sewer project reserves. Mr. Frankel moved to approve Resolution No. 30 -13, seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet -- Yes; Mr. Frankel Yes; Mrs. Gray — Yes. Said motion passed with a 5 to 0 vote. 9.F. _REQUEST FOR HOURLY FEE INCREASE /ALLEN NORTON & BLUE LAW FIRM: Consider a request from Allen Norton & Blue Law Firm to increase the hourly fee for the City's labor counsel from $210.00 per hour to $235.00 per hour. Mr. Jacquet inquired about the hourly fee. The City Attorney stated at the time the City used to have Carson & Atkins for outside counsel and pursuant to Commission direction staff was directed to look to see if they could get some other labor counsel. He stated staff went out and got some other firms and the Commission approved their rate at $210.00 an hour at that time and now they are requesting to increase their rate to $235.00 an hour. Staff recommends approval of the $235.00 hourly fee. Mrs. Petrolia asked why they charge the City less than other firms. The City Attorney stated it is not less now; the $235.00 is bringing them up to the bottom tier of what they charge other clients. Mrs. Petrolia moved to approve the fee increase, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Petrolia — Yes; Mr. Jacquet — No; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes. Said motion passed with a 4 to 1 vote, Mr. Jacquet dissenting. At this point, the time being 7:45 p.m., the Commission moved to Item 11, First Readings. 11. FIRST READINGS: lb 06/04/13 11.A. ORDINANCE NO. 11 -13: Consider an amendment to Chapter 35, "Employee Policies and Benefits ", Section, 35.105, "Administration by Retirement Committee ", Subsection (C) "Action by Committee ", to remove the requirement that the City Commission must approve changes to the General Employees' Pension Board investment policy. If passed, a public hearing will be held on June 18, 2013. The caption of Ordinance No. I 1 -13 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEE POLICIES AND BENEFITS ", SECTION, "35.105, "ADMINISTRATION BY RETIREMENT COMMITTEE ", SUBSECTION (C) "ACTION BY COMMITTEE ", TO REMOVE THE REQUIREMENT THAT THE CITY COMMISSION MUST APPROVE CHANGES TO THE INVESTMENT POLICY AS ADOPTED BY THE COMMITTEE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 11 -13 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance and stated this change was at the last meeting of the General Employees' Pension Board. The Board asked that this change be brought in front of the Commission. The City Attorney stated there is no state law that requires the Commission to review changes in the investment policy as directed by the General Employees' Pension Board. Mr. Frankel moved to approve Ordinance No. 11 -13 on FIRST Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes. Said motion passed with a 5 to 0 vote. 12. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS. 12.A. City Manager The City Manager suggested that the Commission consider adjusting its July 2013 meetings since the July 4t' holiday falls on a Thursday and feels that many people will be away for that week. He recommends that the meetings be moved by a week so that the meetings will be July 9h, 16"', and 23rd. The City Attorney stated this will come back as an item on the Consent Agenda. Mayor Glickstein stated on that Consent Agenda rather than having another agenda item dealing with just this, if it is the consensus to make that change, then 17 06/04/13 if there applications that are pending with expiration dates that would be impacted by that, they are automatically continued to the next Commission meeting. Mr. Frankel stated he will be out -of -town on July 23, 2013 which would be the second regular meeting of the month; however, he will return at 6:30 p.m. on July 24, 2013. After brief discussion, it was the consensus of the Commission to change the City Commission meetings to July 9th (regular), July 16th (workshop), and July 25th (regular). 12.B. City Attorney The City Attorney had no comments or inquiries on non - agenda items. 12.C. City Commission 12.C.1. Mr. Frankel Mr. Frankel had no comments or inquiries on non - agenda items. 12.C.2. Mrs. Gray Mrs. Gray asked for an update on the Atlantic Avenue hotel and the prescription drug program. Secondly, Mrs. Gray stated she is looking forward to the Town Hall Meeting on Thursday. 12.C.3. Mrs. Petrolia Mrs. Petrolia reminded everyone that the Town Hall Meeting is Thursday at 7:00 p.m. and stated there was a misprint in the Sun - Sentinel stating it was 7:30 p.m. Secondly, Mrs. Petrolia asked who to contact with regard to bonfires. Mrs. Petrolia asked for a list of the contracts that are up for renewal. She congratulated Delray Beach for installing the four -way stop sign on Federal Highway and stated this was a wonderful recommendation by S.A.F.E. and Jim Smith. Mrs. Petrolia requested an update on the Marina district parking and stated she saw an excerpt on the news and it appeared that they were going to eliminate parking. Mrs. Petrolia stated there was a suggestion by Kevin Warner with regard to solidifying the website calendar. She stated people in general are finding it very 18 06/04/13 difficult to navigate through the system and it appears that everyone has their own calendar. Mrs. Petrolia stated when she was reading through the list that she was sent of his correspondence with the city to try to consolidate it became a nightmare. She stated there should be one site for the calendar if it is possible in order to make it easy for citizens and people visiting from out-of-town to be able to look in one place and find out what is going on from road closures to festivals. Lastly, Mrs. Petrolia stated she would like to know if the City is receiving the franchise fee from Waste Management. She asked the City Attorney to put in writing explaining that the City is receiving this franchise fee. 12.C.4. Mr. Jacquet Mr. Jacquet reiterated that the Town Hall Meeting is Thursday, June 6, 2013 at 7:00 p.m. in the Crest Theatre at Old School Square and he looks forward to seeing the residents. Secondly, Mr. Jacquet stated he had previously asked for information regarding the Purchasing Department as far as what other municipalities are doing, how many staffing personnel they have compared to Delray Beach, and a comparison of the workload. He inquired about the Goal Setting meeting on June 7, 2013. Mayor Glickstein confirmed that this meeting has been cancelled. Mr. Jacquet stated he had the opportunity to give the keynote speech at Tomorrow's Promise Community School last night. He stated this is a new charter school in town that is doing miracles with some of the students. Mr. Jacquet stated he was honored to give the keynote speech with Principal Marjorie Waldo. Lastly, Mr. Jacquet stated tomorrow morning he will be the keynote speaker at Orchard View Elementary School, on Thursday morning he will give the keynote speech at Village Academy to their 5t' graders, and Thursday afternoon at 1:00 p.m. he will be the keynote speaker for Toussaint L'Ouverture School which is another one of the City's charter schools. He stated he was happy to hear from the State Representatives today and the big moves that we are doing on a state level as far as funding for education. 12.C.5. Mayor Glickstein Mayor Glickstein stated he was unaware of the typo regarding the meeting time for the Town Hall Meeting. Ms. Herrera noted that this has been corrected. Secondly, Mayor Glickstein stated the City Manager and he attended a meeting with Mayor Abrams in May and he made mention during that meeting that there was money available for striping, pavement marking, and road repairs. Mayor Glickstein 14 06/04/13 stated he neglected to bring this up to Engineering and get them to see if there is something there that the City can get some money for. Mayor Glickstein commented about the renewal date of July 1 st for the sidewalk cafe permits. He stated there has been criticism about this and asked if this should be something that should be discussed at a Workshop meeting before these come up for renewal. The City Attorney stated he can check with Lula Butler but he assumes it is something online where it is less staff intensive; however, if the Commission wishes to discuss they may want to discuss and give staff direction. Mayor Glickstein asked the City Manager if this is something they can look at next week. Mayor Glickstein stated he would like to see the invocations not be part of a City Commission meeting. He stated it comes uncomfortably close to protected separations. In his opinion, Mayor Glickstein stated the last two Commission meetings it was very religious specific when the invocation was given and does not believe the invocations are appropriate. Mrs. Gray stated she believes prayer is very important and she does not have to say "Amen." She does not agree with the way everyone prayers but she respects it and feels it should be continued. Mayor Glickstein stated it is not a personal issue but noted that this is a public place. Mr. Frankel stated he respects Commissioner Gray's opinion; however, he concurs with the Mayor's position supporting the separation of church and state. Mrs. Gray stated she would like to hear more from the public before the Commission makes a decision to take prayer out of the Commission meetings. Mayor Glickstein stated it is not about whom you pray to or what your religious beliefs are but it is that this is a public meeting place and feels the City should be doing everything to make it as neutral as possible. Mrs. Petrolia stated she could feel comfortable with no prayer because it is a division of church and state but if it is something that the majority of people want then she is okay with it. She commented that there have been two prayers in a row where it has been specific to a certain religion. Mrs. Gray concurs that it should not be religion specific but feels this has not been a problem that often and is unfortunate that this has happened twice in a row. The City Clerk stated the City Clerk's office sends out letters to remind them to keep the prayer generic and non - denominational and confirmed after they are sent a letter it is reiterated again verbally. The City Clerk stated there is a generic prayer 20 06/04/13 inside each Commissioner's binder that can be used and noted that someone from the dais could read the prayer. Mayor Glickstein suggested that there is some verbal communication with the reverends that they understand that this is a non - denominational prayer. Mr. Jacquet stated the City Clerk does remind the reverends and noted that people go back to what they are used to doing. He stated he believes in the constitution and the freedom of religion and freedom from religion and that everyone has their rights to worship however they want. Mr. Jacquet stated he believes there is a time and place for the prayer especially when dealing with a public venue. Mayor Glickstein suggested that when the confirmation is sent to the reverends that the City Clerk's office include a copy of the City's prayer as an example of non - denominational. Lastly, Mayor Glickstein stated he does not believe we recognize how quickly passenger rail is conning to the FEC line and noted that there will be two phases initially the first being a high speed rail from Miami to Orlando which will not stop in Delray Beach and Palm Tran will be moving an additional line over which will have a stop in Delray Beach. At this point, Mrs. Petrolia confirmed that the City hired the attorney for Waste Management. Mrs. Gray suggested that the next time Mayor Glickstein speaks to Mayor Steve Abrams that he ask if they have dollars for sidewalks as well. Mayor Glickstein stated he can ask Mr. Abrams. There being no further business, Mayor Glickstein declared the meeting adjourned at 8:12 p.m. ATTEST: AYOR 21 City Clerk 06/44/13 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 Tune 4, 2013, which Minutes were formally approved and adopted by the City Commission on June 18. 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. 22 06/04/13 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH.,FLQRIQq CONDITIONAL USE REQUEST FOR THE CHRIST FOR ALL. NATIONS CHURCH (CRISTO PARA TODAS; LAS NACIONES), 2280 WEST ATLANTIC AVENUE ORDER OF THE CITY COMMISSION OF :THE CITY OF DELRAY BEACH; FLORIDA 1.,. This: conditional use request has: come before the City Commission on ,June 4, 20:13; This, conditional use request is to allow the conversion of 3,4W sq, ft. of g q tore into a church use with 150 sq. f#. to remain an existing 3.;649 s ft- siruc , as a. commercial religious retail- shop. The commercial structure is located in the Gon:gress: Square Shopping Plaza at, the southwest corner of West Atlantic Avenue and Congress Avenue. : Tlie City staff, applca.nt, and other persons have presented documentary evidence and testimony to the City Commission pertaining to the conditional use request.for the Christ for All Nations Ghurch (Cristo pare Todas las Naciones). All of the evidence is a part of the record in this case. Findings that are required. pursuant to L.D.A. Section 3.1.1 are made in 5e06ns I and Il below. L 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 mariner so that the future use and intensity is appropriate in terms of soil, topographic, and other applicable physical considerations, is complementary to adjacent land uses, and fulfills remaininq land use needs.. Is this objective met? Yes— No b. Future Land Use Map; The resulting use of land or structures must; be allowed in the zoning district.within which the laid is situated and said zoning; must be 1 City Commission Meeting on June 4, 2013; Item 9.13. consistent with the applicable land .use clesiignat.ion as shown on. the. Future Land Use 1111ap. The subject property has a Fratur'o; Land Us. e> Map {FLUIIII} designation of G.C. (General Commercial) and a,zoning designation of PC (OaMed Comm'erciai ); Future- Land Use - Is the 'project's proposed location ccnsiistent with the Future Land Use Map's yes -./ No; 0; Coneurrencyt Facilities. which are provided by, or through; the City shall be provided new development concurrent with issuance of a Certificate of Occupancy.: These facilities shall be provided, pursuant toi level's of service established within the Comprehensive ('lane.. concurrency as defined pursuant` to. Objective B 2 .of the Land Use Element of the; Coin priahensivia Plan must be met ant( a determination :made that the pudic facility needs of the requested lad use and /or dovelb rn dt application Will riot - 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 concurreincy requiee'mGnts: met as respect to. water, sewer, d.rainege; streets and traffic, parks, opera space;: solid waste and schools? Yes- ✓ No d. Consistency Will the granting of the conditional;. use be consistent with and furtherthL.g,oals and policies: of the Comprehensive Plan's Yes No 1L. --LDkREQUIREME .. IS toot: a. Section, 2.4.5(E111 requires certain tindinps: The conditional use will 1. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; Z. Hinder development or redevelopment of nearby properties;, 2 City Commission Meeting on June 4, 2013; Item 9.13. Has:thm§ requirementbeen m;et? Yes No I The City Commission has: applied the Comprehensive: Plan and LDR requirements in existence at the time the conditional use applicatianWas 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 hot limited to, the staff reports and testimony of witnesses supporting these findings, 5: Based on the; entire record before, it the City Con-Imission approves denies the conditional use application subject to the conditions - attached hereto in Exhibit "K and hereby adapts this Order this 4th day of June, 2.013, by a vote of 5i in favor and 0 opposed. Mayor ATTEST: Chevelle Nubin Gity Clerk 7 City Commission Meeting on June 4, 2013; Item 9.13. EXHIBIT "A" Conditions Related to the: ConditionaY use Regitest for the christ for AU Nations: Church (Cristo. pars Todas W Nae ones). t: Pursuant to 'LpR Section 4.4.9(1))(17); churches located within the PC (Planned Commercial) zoning x�istricts do not permit, childcare or day care as ark accessory use. 1f these uses are aihticipated; they must be approved separately as air additional conditional use; 2. An 4ddit'i6hal approval is required for any hewsiginalge; 3. Ak a minimum; all existing; parking lot perimeter `s.hoebox' style fiXtures mounted on 25 -foot .(25') poles located to the west of the most western access to th.e shopping center from West Atlantic Avenue must be replaced with metal halide or L.,E,0. fixtures in order to eliminate glare and provide the truest visual value of color (to aid' the camera monitoring systems); 4. A six-foot (61 high hea .y-gauge aluminum picket. fence shall be installed on the southern and western perimeter ibf the subject: property. The fence must eXlend along the canal (located along the West perimeter) far 250 feet to the north and. along the southern petimeter for 25Q feet from the canal to the east. This condition shall be coordinated by the City's Police Department; and 5. The four existing exterior cameras (located in all. lour' corners of the building), currently in place, mul st be upgraded to provide infrared i mages_ in addition, proof of a system maintenance contract: that ensures that the ;system. will continue to work efficiently shall be provided to the City. City Commission Meeting on June 4, 2013; Item 9.B.