07-03-13 Special MeetingCITY COMMISSION LktLl?:X1 tff:1[ H
CITY OF DELRAY BEACH, FLORIDA
SPECIAL MEETING - WEDNESDAY, JULY 31, 2013
3:00 P.M. DELRAY BEACH CITY HALL
r�
20U1
The City will furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an
equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City.
Contact the City Manager at 243 -7010, 24 hours prior to the program or activity in order for the City to reasonably
accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers.
SPECIAL MEETING AGENDA
Pursuant to Section 3.12 of the Charter of the City of Delray Beach, the Mayor has instructed me to announce a Special
Meeting of the City Commission to be held for the following purposes:
WAIVER REOUESTS /41fl OF JULY FESTIVITIES: Consider approval of two (2)
waiver requests to Land Development Regulations (LDR) Section 4.6.7(F)(3)(f), "Special
Event Non - Roadway Banner Signing ", and Section 4.6.7(J)(1)(b), "Wind Signs ", to allow
sponsor banners to be hung at various locations, to exceed 20 square feet and allow a 30' x
40' balloon to be secured to the ground in the grass area east of A -1 -A for the 4th of July
Festivities. (Quasi - Judicial Hearing)
Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any
matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and
evidence upon which the appeal is based. The City neither provides nor prepares such record.
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Robert A. Barcinski, Assistant City Manager
THROUGH: Louie Chapman, Jr., City Manager
DATE: July 2, 2013
SUBJECT: AGENDA ITEM SP.1 - SPECIAL MEETING OF JULY 3, 2013
WAIVER REQUESTS / 4TH OF JULY FESTIVITIES
ITEM BEFORE COMMISSION
Commission is requested to consider approval of a waiver to LDR's Section 4.6.7(F)(3)(f) to allow
sponsor banners to be hung at various locations within the 4th of July event site and to allow banners to
exceed 20 square feet, on July 4, 2013 and to waive LDR's Section 4.6.7(J)(1)(b) to also allow a 30' x
40' balloon to be secured to the ground in the grass area east of A -1 -A.
BACKGROUND
I apologize for this request coming to the City Commission late and take ultimate responsibility. We did
not catch the need for a banner waiver until after your last meeting and I was not made aware of the
REMAX balloon until Friday, June 28, 2013.
The waiver request for the balloon is for a 30'x 40' REMAX balloon to be secured to the ground on the
east side of AIA. The balloon is inflatable (not helium) and does not rise in the air. Commitments have
been received from REMAX to contribute $10,000 cash, pay for youth activities, provide giveaways to
youth and they assisted with brochure distribution. The balloon is addressed in the LDR Section
addressing wind signs.
Historically, sponsor banners exceeding 20 square feet have been allowed at various locations in the
event site footprint in the past for this event, as well as others. Commission recently approved similar
banner waivers for the Garlic Fest and Delray Affair. The only banner exceeding the square foot limit
that we are aware of is a 30'x 3' banner to be placed at the City stage location which will list the event
sponsors; however, the general waiver to allow banners exceeding 20 square feet at various locations is
requested in case there are other larger banners that we are not aware of.
Ms. Butler and I have recently met with some of our larger event producers to discuss their needs and
industry standards as it relates to not only sponsor banners, but event announcement banners and
electronic type promotional signs for possible LDR changes. We will be working on code changes over
the next several months.
RECOMMENDATION
Staff recommends approval of the two (2) waivers as requested.
Barcinski, Robert
From:
Quinlan, Donna
Sent:
Monday, July 01, 2013 3:21 PM
To:
Barcinski, Robert
Cc:
Beldowicz, Donna; Butler, Lula
Subject:
Balloons Prohibited
Mr. B,
The LDR section that prohibits balloons is:
Section 4.6.7 (J)(1)(b) Wind Signs and the definition of a wind sign is found on page 54 of
the LDR's Appendix "A" : signs consisting of banners, pennants, ribbons, spinners,
streamers, balloons, or other objects or material fastened in such a manner as to move
upon being subjected to pressure by wind..
C.I. Coordinator
City of Delray Beach
100 NW 1st Avenue
Delray Beach, FL 33444
Phone - 561.243.7203
Fax - 561.243.7221
auinlanc&mvdelravb each. corn
"Na act of &rufaw, no matter ffaw. 3ma&, i3 em wswW ". Qee¢p
Barcinski, Robert
From: Stephanie Immelman <simmelman @delraybeach.com>
Sent: Monday, July 01, 2013 11:51 AM
To: Barcinski, Robert
Subject: Remax Balloon
Dear Mr. B
I would like to request that Remax be allowed to display their balloon on site at July 4th. Again, I am terribly sorry that I
didn't know that this infringes on the sign code when i agreed that they could display it.
Remax is a first time sponsor and have already done so much to enhance our event. For example:
• Remax has already invested $10,000 in this event.
• Not only are they providing money to the DBMC to cover our costs, but they are sponsoring kids' activities
(coloring etc) on -site that will enhance the event for the community.
• They are providing giveaways such as children's pails and shovels and beach bails. We won't have to purchase
these items because they are providing them.
• They took out boxes and boxes of our July 41h brochures and distributed them all over the community including
far out west of 1 -95
• They are a first time sponsor. A good experience with this event will encourage them to participate at other City
events in the future such as Christmas and First Night. I'll make sure they know they cannot use the balloon at
future events and that this is a special exception to our code.
Please let me know if there is anything else I can do to rectify my mistake.
Kind regards,
Stephanie Immelrman
Destination Marketing Manager
Delray Beach Marketing Cooperative
Cell -561 -322 -5576
Fax- 561 -278 -0555
Website: wwwmisitdelraYbeach.org
Facebook: www.facebook.com/downtowndeiraybeach
Greater Delray Beach Chamber of Commerce
64 -A SE Fifth Ave, Delray Beach, FL 33483
561.278.0424
www.delrgybeach.com
Our Vision: To be the most relevant and trusted business partner contributing to the success of our community
and membership.
Our Mission: To strengthen and advocate for the business interests of Delray Beach.
Barcinski, Robert
From: Stephanie Immelman <simmelman @delraybeach.com>
Sent: Monday, July 01, 2013 1:43 PM
To: Barcinski, Robert
Subject: FW: July 4th sponsor balloon dimensions
Dear Mr. B.
Please see the email below regarding dimensions.
We checked with Parks regarding securing the balloon and with Buzzy regarding electricity needed and placement.
The balloon is an inflatable. It doesn't not have helium and does not rise in the air_ The lines are to secure it from
blowing around
Please let me know if you need any additional information.
5-
551- 322 -5578
From: Jarrod White fmailto :Jwhite(a)delraybeach.coml
Sent: Thursday, June 27, 2013 4:31 PM
To: Simmons, Tim
Cc: Barcinski, Robert; Aronson, Scott; Beldowicz, Donna; Serrano, Orlando; Stephanie Immelman
Subject: July 4th sponsor balloon
July 4th Team,
Our sponsor Remax has an inflatable balloon they plan on bringing out for the event. This balloon will be
about 40 ft tall and need 30 feet in diameter for secure lines.
Remax is positioned on A1A north on the east side of the street. The grass area has enough room to hold the
balloon and the 2 front secure lines can be tired to their RV that will be positioned on the street but the 2 back
secure lines need to be staked into the ground. These stakes are about 3ft long and go in 11/2 ft into the
ground to secure the balloon from winds.
My questions is if we can allow them to stake into the ground (grass) pointing away from the sidewalk and if
we can place 2 barricades on the side walk to prevent people from walking in between the RV and the balloon
where the 2 front secure lines will be.
please let me know if you need more information.
thanks!
Greater Delray Beach Chamber of Commerce
64 -A SE Fifth Ave, Delray Beach, FL 33483
561.278.0424
www.delravbeach.com
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
WAIVER REQUEST REGARDING A TEMPORARY
WIND SIGN (BALLOON) FOR THE 4T" OF JULY EVENT
1. This waiver request to allow a temporary wind sign (balloon) came before
the City Commission on July 3, 2013.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the waiver request to allow a temporary
wind sign (balloon). 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 LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving
body shall make a finding that the granting of the waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of public facilities;
(c) Shall not create an unsafe situation; and,
(d) Does not result in the grant of a special privilege in that the same waiver
would be granted under similar circumstances on other property for
another applicant or owner.
A. Waiver Request:
A waiver to LDR Section 4.6.7(J)(1)(b), to allow a temporary wind sign (balloon)
that measures forty (40) feet tall and thirty (30) feet in diameter.
Does the waiver request to allow a temporary wind sign (balloon) 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
denies the waiver requests to LDR Section 4.6.7(J)(1)(b) subject to the condition
that each sign must provide the name, time, date, and location of the event.
6. Based on the entire record before it, the City Commission hereby adopts
this Order this 3rd day of July, 2013, by a vote of in favor and opposed.
ATTEST:
Chevelle Nubin, City Clerk
2
Cary D. Glickstein, Mayor
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
WAIVER REQUEST REGARDING AN INCREASE IN SIZE OF TEMPORARY
SPECIAL EVENT NON - ROADWAY BANNERS FOR THE 4T" OF JULY EVENT
1. This waiver request to allow an increase in size of temporary, special
event non - roadway banners to exceed 20 sq. ft. in area came before the City
Commission on July 3, 2013.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the waiver request to allow special event
non - roadway banners to exceed 20 sq. ft. in area. 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 LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving
body shall make a finding that the granting of the waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of public facilities;
(c) Shall not create an unsafe situation; and,
(d) Does not result in the grant of a special privilege in that the same waiver
would be granted under similar circumstances on other property for
another applicant or owner.
A. Waiver Request:
A waiver to LDR Section 4.6.7(F)(3)(f)(4), to allow an increase in size of
temporary special event non - roadway banners from the twenty (20) square foot area
size maximum provided in the LDRs to approximately ninety (90) square foot area size.
Does the waiver request to increase the special event non - roadway banner
size 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
denies the waiver requests to LDR Section 4.6.7(F)(3)(f)(4) subject to the condition
that each sign must provide the name, time, date, and location of the event.
6. Based on the entire record before it, the City Commission hereby adopts
this Order this 3rd day of July, 2013, by a vote of in favor and opposed.
ATTEST:
Chevelle Nubin, City Clerk
2
Alson Jacquet, Vice -Mayor