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02-11-14 Workshop MeetingCITY COMMISSION 1)EUU'r EACki CITY OF DELRAY BEACH, FLORIDA oJinwical WORKSHOP MEETING - TUESDAY, FEBRUARY 11, 2014 5:30 P.M. CITY HALL - FIRST FLOOR CONFERENCE ROOM 1993 2001 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. WORKSHOP AGENDA 1. Joint Session with the Community Redevelopment Agency 2. Commission Comments 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: Louie Chapman, Jr., City Manager DATE: February 10, 2014 SUBJECT: AGENDA ITEM WS.1 - WORKSHOP MEETING OF FEBRUARY 11, 2014 JOINT SESSION WITH THE COMMUNITY REDEVELOPMENT AGENCY ITEM BEFORE COMMISSION The item before the City Commission is the joint session with the Community Redevelopment Agency (CRA). BACKGROUND The topics that are expected to be covered are: -A discussion of the current CRA district, how the area has evolved and how it can be changed to make the City more efficient, effective, and fiscally- sustainable -Mid Year update of CRA activities, goals, CRA/City Collaborations - Opportunities for collaboration on Congress Corridor -How the City and CRA can work better together - Formation of a plan for regularly- scheduled meetings of these two groups (City Commission and CRA) for better communication and maximum benefit for our City. CRA GOAL SETTING WORKSHOP JANUARY 22, 2014 The following is a summary of ideas and policy direction discussed at last month's CRA Goal Setting Workshop - the board has not yet reviewed or adopted these points. CRA Plan - Integrate WARC's newly adopted Strategic Plan into the CRA Plan - CRA Plan should promote healthy living and eating, such as the sale and consumption of healthy food products West Atlantic Avenue - DBMC should expand /add events to this area - Develop technology brand for the area - Attract new retailing to end "food desert" - Attract medical facility on West Atlantic to assist residents — promote health and wellness for community - Continue land acquisition /assembly efforts - start to focus more on north side; assist with business relocation - City Land Development regulations (LDR) change commercial on West Atlantic from Atlantic to First Street, both north and south - Add parking SE Downtown - South of Atlantic (SOFA) - Establish brand, logo, banners - Improve landscaping, add sidewalks North Federal Highway - Rebrand -- Need new viable mix of uses - Update redevelopment plan Congress Avenue Corridor - Need a redevelopment plan and funding source - City should consider adding area to CRA NW /SW 5th Avenue Business District - Purchase multi - family buildings and convert some of the space to office /commercial Neighborhoods Downtown has received significant attention and resources - CRA needs to focus more on needier parts of district, especially neighborhoods NW /SW alleys & sidewalks - -need to fund annually on on -going basis Infrastructure - Repave & landscape Swinton - Repave & landscape NE 2nd Avenue - More neighborhood sidewalks - Alley & sidewalks in NW /SW - CRA should work with City to prioritize schedule - Complete Gateway Feature (signage, remove FDOT fencing) Parking - Downtown parking should be managed by a department within the City or perhaps by the CRA - Continue developing parking supply throughout downtown - Plan for future parking on West Atlantic— construct at rear of properties fronting Atlantic - Plan for more parking for NW /SW 5th Avenue Business District Business Development — Microenterprise - -Job Creation - Efforts need to target Millennial generation - independent, entrepreneurial - Strengthen resources for entrepreneurs and small businesses- training, mentoring and financial assistance - Consider providing or supporting a business incubator -type facility - Integrate efforts with local schools - Provide grants for unique ideas - Promote Minority, Women's Business - look at state programs - Advocate "people building" - education and job training Tennis Center - Facility in need of upgrading - Should be utilized for more and different events - Develop a sports brand for Delray Beach Trollev Should be generating some revenues - -sell advertising; utilize an organization such as DBMC to assist in sales Trolley is important to integrate into comprehensive parking plan, such as transporting employees of restaurants Art and Cultural Facilities/ Non Profit Organizations - Continue to support and collaborate with those organizations that help the CRA achieve its redevelopment goals - Consider focusing funding on programs more than administration - Move forward with renovation /operation of Arts Warehouse - Delray Beach Center for the Arts - Allocate future funds for Plaza in front and Visitor's Center in the Museum building - Spady Museum -- needs long term strategy to ensure viability - CRA needs to closely evaluate performance in meeting goals and objectives Other - CRA /Economic Development staff should attend appropriate national conferences to market West Atlantic /North Federal Highway areas to potential developers - Alleys & sidewalks NW /SW - CRA should consider funding another code enforcement officer to concentrate on more distressed areas of the district - Should be evaluating outcomes of City positions funded by CRA —what is the return on investment? D f L R A Y BEACH COMMUNITY REDEVELOPMENT AGENCY )mmission /CRA Boar Workshop Meeting FY 201412015 February 201 11 � 4 February 11, 2014 City Commission Wor v t;RA L R A Y BEACH AUNITY REDEVELOPMENT AGENCY 'Y 201 3 -2014 tA Work Plan roject Status February 11, 2014 City Commission Wor Areawide and Neighborhood Plans West Atlantic Avenue Redevelopment Fairfield Inn Hotel [GiL -5116] $1,500,0( Loan to facilitate construction of moderately priced hotel between SW 9th SW 10th Avenues. Status: Under construction with completion by December 2014. 1W 9th /10th Ave. Improvements [GiL -5122] $183,000 'edestrian linkages between hotel site and public parking lot /pocket park ai South end of block. O"tatus: Service Authorization with#dr�;, -, C 'ommission Meeting 1 Areawide and Neighborhood Plans West Atlantic Avenue Redevelopment • SW 9t" Ave Parking Lot (Construction) [GIL-5121] The project consists of the construction of a pocket park and a 40 -space parking lot using pervious pavers, LED lighting and low volume irrigation. Includes on- street parking and a round -a -bout at the intersection of SW 9t" Ave & SW 1St St ,. Status: Construction to commence in February2014. f ,M,,,, ®k PARKING LOT BETWEEN 9th 810th AVENUES ALONG SW tat ST DE—Y EEncrc can $490,000 1 • NW 12th Ave Beautification (Construction) [GiL -5130] $600,000 Construction of landscaping & sidewalks for two block area between W. Atlantic Ave. and MLK Dr. Also includes construction of alleys and on- street parking, within one block area (between W. Atlantic Ave. and NW 1 st St.) y Status: Service Authorization with Calvin- Giordano scheduled for 2 -24 -14 City Commission Meeting. February 11, 2014 City Commission Workshop Meeting; Item WS.1 Areawide and Neighborhood Plans Downtown Master Plan Fire Headquarters Public Plaza [GL-5237 Preliminary plans have been completed and preparation of construction drawings is on- going. Funding for this FY will be for construction . Status: 60% construction drawings submitted 2 -7 -14. NE 3rd St /Avenue /Alley Improvements [GL-5251] Streetscape improvements to improve appearance and pedestrian connections N - T parking between arkin lots and businesses. Includes relocation of existing parking, . as necessary. Funding will include construction drawings and installation site of improvements. Status: Service Authorization with Calvin- Giordano scheduled for 2 -11 -14 City Commission Meeting February 1 , 2014 $275,000 $455,000 Areawide and Neighborhood Plans %WOP Downtown Master Plan �• Swinton &Atlantic Intersection (Design) [cL-5253] $150,00 Design to make the intersection more pedestrian and vehicle friendly and improve connectivity between West and East Atlantic Avenues Status: Intersection Analysis /Report and Proposed design modifications to be presented to CRA Board & City Commission in February & March 2014. • NE 1St Ave Improvements(Construction)[GL -5254] Streetscape improvements consisting of on- street parking, paver brick $520,000 walkways, decorative street lighting and landscape nodes, Between NE 1 St & 2nd Streets. Status: Construction to commence on 2- 27 -14. • Block 117 Parking Structure (Design) [GL -5256] $750,000 Design (including construction drawings) of public parking garage to replace surface parking lot (Gladiola Lot) on east side of SE 6th Avenue, south of East Atlantic Avenue. Status: City to issue RFQ for Architectural /Design Services. • Pineapple Grove Way -North Entry Feature [GL -5258] $150,000 Completion of artistic element to serve as an entry feature to the Pineapple Grove Arts District from the north end ofbPa{- peappEsyGwwan ayhop Meeting; Item WS.1 Status: Construction drawings /bid documents being prepared. Areawide and Neighborhood Plans Osceola Park Neighborhood Plan • Osceola Park Alleys [GL-5510] $175,000 Construction of 3 alleys within residential portion of Osceola Park Neighborhood, per adopted Neighborhood Plan. Status: Design to commence in May 2014. • Osceola Business Area Revitalization [GL-5520] Combination of streetscape improvements with on- street parking along SE 2nd Avenue, parking lot construction, and alley improvements. Status: 60% construction drawings to be completed by February 2014. $600,000 —1 February 11, 2014 City Commission Workop Ming Item U g, Economic Development Projects • Arts Warehouse [GL-7440] $25 Funding in FY 13/14 is provided for design and planning services Status: RFQ for manager /operator issued on 1 -15 -14 with submittal d, of 3 -4 -14. RFQ for architectural /design services to be issued 2- 16 -14. LU KIA A 15,000 sq. ft. warehouse in Pineapple Grove purchased by CRA ■ Could include galleries, studio space, educational space, business inc space, etc. February 11, 2014 City Commission Workshop Meeting; Item V Redevelopment Projects RFP for Fourth & Fifth Redevelopment Site (Old Library /Chamber) Y iPic Theater - 8 screens 0 ;��-�. 4q,!!t=ir _ _ __ 43,000+ sq. ft. office 7,000+ sq.ft. retail space Status: Development Applications to be submitted to City by 4 -26 -14 RFP for W Atlantic Properties — SW 6t" — 9t" Equity Enterprises Mixed Use Development 34,000+ sq . ft. office 43,000+ sq.ft. retail space 129 residential rental units Status: Developer selected - Negotiating Purchase & Sale Agreement I :(;RA D I L R A Y BEACH COMMUNITY REDEVELOPMENT AGENCY Budget Update FY 2013 -2014 October i, 2013- September 30, za February 11, 2014 City Commission Wor TIF Revenues - Recent History County 201314 $1,268,350,918 4.7815 .2012/13 $1,268,479,798 4.7815 12011/12 $11179,149,327 4.7815 12010/11 $1,187,514,519 4.7500 County City $4,637,195 7.4546 $4,273,735 7.1900 City _ RA D � L R A Y BEACH COMMUNITY NECEVELCP67ENT AGENCY Variance $6,957,610 $11,594,805 $6,442,131 $10,715,866 $412281018 7.1900 $6376396 5101604,415 8% 1% 0% $4,227,392 7.1900 $6,418,010 $10,645,402 10% $13291775,621 4.3400 $414741048 7.3800 5 YEAR TOTALS: $21,940,399 $714051249 $11,879,297 $33,599,396 $55,439,784 February 11, 2014 City Commission Workshop Meeting; Item WS.1 CRA G L# 5122 5123 5130 5210 5215 5235 5237 5251 5253 5254 5255 5330 5355 5510 5520 5650 6213 6630 TOTAL FY 2013 -2014 Budget " a C R A COMMUNITY `R "y P { `" CRA Funds Allocated For: COMMUNITY REDEVELOPMENT AGENCY City of Delray Beach Capital Improvement Projects City Project # Project Name 14 -023 SW 10Lr' /9tr Ave Improvements 14 -002 Block 8 Alley 10 -041 NW 12th Ave - Atlantic to M LK 04 -0o6 1St St Conversion to 2 -way Traffic 14 -007 E Atlantic Ave Median 14 -0o8 Parking Management / Pedestrian Safety Projects 11 -017 Fire Headquarters Public Plaza 11 -024 NE 3rd St /Ave Alley Improvements 12 -051 Swinton & Atlantic Intersection 12 -042 N E 1St Ave Streetsca e Improve 13 -001 Blk 117 Garage Design SE 6th Ave 11 -009 Block 32 Alley 14 -052 Merritt Park 13 -015 Osceola Neighborhood Plan Alleys Phase 2 13 -020 _ SE 2nd St/Ave/Alleys -Osceola Business Area Revitalization 14 -0o6 Sidewalks o9 -oo6 Block 19 & 20 Alley Improvements 14 -024 SW 2nd Terrace CRA Funding $183,000 $100,000 $600,000 $250,000 $30,000 $150,000 $275,000 $455000 $150,000 $520,000 $750,000 $100,000 $150,000 $175,000 $600,000 $50,000 $40,000 $77,000 t February 11, 2014 City Commission Workshop Meeting; 14 A55 f000 FY 2013 -2014 Budget CRA Funds Allocated For , 'a"- C R A D E L R A Y BEACH COMMUNITY REDEVELOPMENT AGENCY City Services/Programs Clean & Safe Program (Police, landscape maintenance, code enforcement) Int'I Tennis Tournament Sponsorship Downtown Trolley Planning, Parking Management, IT Services Community Improvement (Housing Rehab, Neighborhood Planner, Curb Appeal Program) Environmental Services (Project Engineer) Banners, Signs & Lights, etc. 1,426,384. a 550,000 300,0000 110,000 1074 91,750 25,000 Streetscape Maintenance (ongoing landscaping, irrigation for new beautification projects) 23,000 Total City Services /Programs February 11, 2014 City Commission Workshop Meeting; 12 &33,5 91 -w uRA D E L R A Y BEACH COMMNNITY REDEVELCPA9ENT AGENCY FY 2013 -2014 Budget CRA Funds Allocated to City of Delray Beach Programs /Projec City Services /Programs City Capital Improvements TOTAL $2,633,591 $4,655,000 $7,288,591 *Represents 63% of County & City Projected -i iF Revenl City Tax Increment Revenue County Tax Increment Revenue $ 61957,610 - 60% $ 4,637,195 - 40% $11,594,805 February 11, 2014 City Commission Workshop Meeting; Item V 0 FY 2013 -2014 Budget Delray Beach Non - Profit Organizations DBCLT DB Public Library EPOCH (Spady Museum) Delray Beach Center for the Arts DBMC Creative City Collaborative Puppetry Arts Center TOTAL $200,000 $3o8,000 $86,216 $285,000 $316,700 $275,000 $17,775 $1,488,691 VRA D E L R A Y BEACH COMMUNITY REDEVELOPMENT AGENCY * Represents 13% of Total Projected TIF Revenues ik February 11, 2014 City Commission Workshop Meeting; Item WS.1 CRA Five Year Projection of Revenues &Expenses DRAFT TIF Revenue projections based on (5 %yearly increase) Revenues County Tax Increment Revenues City Tax Increment Revenues Line of Credit Carry Forward City Reimbursements (Economic Development Positions) Property & Other Revenues Interest Income Total Revenues Expenditures Debt Service Project Expenses General & Administrative (5% increase) Total Expenditures CRA Five Year Projection of Revenues & Expenses Fiscal Year 13/14 14/15 15/16 16/17 17/18 TOTAL 4637610 4,921,052 5,222,892 563025 5,872,604 26,189P957 6,637195 7383p895 7836,642 8312,026 8,811079 39p296p447 1A30�775 - - - - 1A30�775 %615051 - - - - 9,615,051 93485 1oo,000 1oo,000 1oo,000 1oo,000 493485 87,650 3,69o,000 9o,000 9o,000 9o,000 4,047,650 15,000 15,000 15,000 15,000 15,000 75,000 22,836,766 16,109,947 13,264634 14,056,851 1088,784 81,156,881 2,928,265 4296309 2,289,009 2,104,076 2,107558 13�725�217 18,718,102 10663,719 9,663010 10,574739 11334p288 6o,853,958 1090399 1P249P919 1312P415 1376036 1P446937 6577706 22 836 66 > s7 1g��' 2�14LC6i#y �gr�mislsiprb�4/�rlki�p J�q�i� lt, WS.1 81 156881 > > s s 3�`FF `F> 7 >"� "r> >i "`r FY 2014-2026 Outstanding Debt City of Delray Beach - Former Chamber /Parking Site 2014- 2023 (3% Interest) City — US1 Corridor Improvements 2013 -2026 (2.75% Interest) City National LOC 2013 -2017 (2.1% Interest ) Revenue Bonds 2014 -2019 Total _ RA D � L R A Y BEACH COMMUNITY NECEVELCP67ENT AGENCY Total 2,662,152 4331,021 3772,188 81992,112 19 ?757 ?473 * Based on projected expended funds on 9/30/13 February 11, 2014 City Commission Workshop Meeting; Item Ws.1 FY 2014 -2015 Budget Preliminary Proposed CRA & City Capital Improvement Projects City Project # Project Name 11 -067 NE 2nd Ave - Seacrest Beautification (Del -Ida Park) 14 -512 Currie Park Renovations 14 -563 SW 1St Ave — Atlantic — SW 1St St (Design & Construction) 14 -0o8 Parking Management 11 -017 Fire Headquarters Public Plaza 11 -024 N E 3rd St /Ave Alley Improvements (Construction) 12 -051 Swinton & Atlantic Intersection (Construction) 13 -001 Blk 117 Garage Design SE 6th Ave (Construction) - $7,000,000 Osceola Neighborhood Plan Alleys (Phase 3) SE 4th Ave — Atlantic - SE 2nd St (DesiRrn & Construction) M LK Jr. Dr — Ph 2 — NW 12th Ave — 1 -95 (Design & Const. NW Neighborhood Alleys (Design & Construction SW 14th Ave & Alleys —SW 2nd St — 3rd St (Design) , 'a"- CRA D E L R A Y BEACH COMMUNITY REDEVELOPMENT AGENCY Estimated CRA Funding $350,000 $150,000 $46o,000 $150,000 $275,000 $750,000 $500,000 $820,000 $200,000 $670,000 $200,000 $200,000 $100,000 NW 5th Ave Entrance Feature - Lake Ida Rd & NW 5th Ave(Design & Const) $75,000 NW 5th Ave Beautification (between M LK & Lake Ida Rd) $300,000 Sidewalk Construction - East of Intracoastal Waterway $100,000 Total $4,800,000 February 11, 2014 City Commission Workshop Meeting; Item WS.1 —1 � VRA Future CRA Potential Obligations D E L R A Y BEACH COMMUNITY REDEVELOPMENT AGENCY Arts Warehouse Renovations Tennis Center Renovation /Upgrades Veteran's Park Renovation /Upgrades Old School Square Park — Future Phases South County Courthouse Garage Expansion Parking Garage — East of Intracoastal Waterway Trolley Service Land Acquisition & Assembly Economic Development Incentives West Atlantic Redevelopment Area Side Street & Alley Improvements SW 6th7 7th7 8th & 9th Aves (Atlantic — SW ist St) NW 4th , 5th & 6th Aves Beautification (MLK Jr. Dr. to Lake Ida Road /NW 4th St) NW /SW Neighborhood Improvements — Sidewalks & Alleys Osceola Park Neighborhood Plan Improvements Seacrest Boulevard & NE 22 d Street Improvements Affordable Housing Subsidies i.e. Carver Square, DBCLT Sidewalks throughout the CRA District February 11, 2014 City Commission Workshop Meeting; Item V Questions? OP �60 D � L R A Y B E A C fl COMMUNITY REDEVELOPMENT AGENCY February 11, 2014 City Commission Workshop Meeting; IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA APPEAL OF THE SPRAB 12/18/13 APPROVAL OF A CLASS V SITE PLAN, LANDSCAPE PLAN, AND ARCHITECTURAL ELEVATIONS, ASSOCIATED WITH ST. GEORGE AT 1023 NORTH FEDERAL HIGHWAY 1. This is an appeal of the December 18, 2013 decision by the Site Plan Review and Appearance Board ( "SPRAB ") approving the Class V Site Plan, Landscape Plan, and Architectural Elevations associated with St. George Project at 1023 North Federal Highway, which came before the City Commission at its meeting on February 4, 2014, 2. The Appellants, Appellee and City staff presented documentary evidence and testimony to the City Commission pertaining to the appeal of the approval of a Class V Site Plan, Landscape Plan, and Architectural Elevations associated with St. George Project at 1023 North Federal Highway. Required findings are made in accordance with Subsections I, 11, III, and IV. 1. LDR REQUIREMENTS FOR CLASS V SITE PLAN APPROVAL: A. LDR Section 2.4.5(F)(5), "Findings The approving body must make a finding that development of the property pursuant to the site plan will be compatible and harmonious with adjacent and nearby properties and the City as a whole so as not to cause substantial depreciation of property values. and LDR Section 3.1.1, "Required Findings ". Prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map and Comprehensive Plan Consistency, Concurrency, and Compliance with the Land Development Regulations. and General Commercial (GC) and Medium Density Residential (RM) Zoning District requirements provided in Exhibit "A ". Are these guidelines met? Yes ✓ No Ill. COMPREHENSIVE PLAN: A. Future Land Use Mao /Future Land Use Element Objective A -1: Is the property developed /redeveloped so that the future use and intensity is appropriate in terms of soil, topographic, and other applicable physical considerations, is complementary to adjacent land uses, and fulfills remaining land use needs and is consistent with the Land Use Map? Yes ✓ No B. Concurrency: Objective B -2 of the Land Use Element of the Comprehensive Plan requires that development not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas. Are the concurrency requirements met with respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste and schools? Yes ✓ No C. Consistency: Will the granting of the Class V Site Plan, Landscape Plan, and Architectural Elevations be consistent with and further the goals and policies of the Comprehensive Plan? Yes ✓ No Ill. ARCHITECTURAL ELEVATIONS PURSUANT TO LDR SECTION 4.6.18(E): A. The plan of the proposed structure is in conformity with good taste, good design, and in general, contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality. B. The proposed structure, or project, is in its exterior design and appearance of quality such as not to cause the nature of the local environment to materially depreciate in appearance and value. C. The proposed structure, or project, is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the supplemental criteria which may be set forth for the Board from time to time. Have the overall requirements of LDR Section 4.6.18(E) been met? Yes ✓ No IV. LANDSCAPE REQUIREMENTS: Pursuant to LDR Section 4.6.16, "Minimum Landscape Requirements ", Subsection 4.6.16(H)(3), "New Multiple Family, Commercial and Industrial Development ", provided requirements set forth in Exhibit "B ". Have the overall requirements of LDR Section 4.6.16 been met? Yes ✓ No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original site plan was submitted. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies ✓ the appeal, subject to the following conditions set forth in Exhibit "C ". The City Commission hereby, adopts this Order this 4th day of February, 2014, by a vote of 5 in favor and 0 opposed. ATTEST: Chevelle Nubin City Clerk Cary D. is to ayor EXHIBIT "A" COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development application/request. LDR Section 4.3.4(K) Development Standards Matrix: The following table indicates that the proposal complies with LDR Section 4.3.4(K) as it pertains to the GC (General Commercial) and the RM (Medium Density Residential) zone districts: *The applicant has requested a waiver from the front setback requirement along Federal Highway and is discussed under the waiver section of this report. * *The site plan indicates that a lot coverage of 34.8% is provided on the GC zoned property. However, this requirement applies to the RM zoned property. A condition of approval is attached that the lot coverage of the RM zoned property is noted on the plans and that it be no more than 40 %. o 2s io o 29.7 % 011111', III I 1 No 10' (Side interior) 10' South 10' (Side interior) 10' 1i ,I11 � � I. !` ili I I ,�I I IIII I I, .• West 5' -15' (Front) 37'* ��I !II IIII I I�i� II � , III f � , i it jE East 10' (Rear) 10' lII!IIIlIII�h1 ''ills 1111 I I! IIII III Iff' ! IIII I I I� I I'II I4 11�liIIIIlI I� North 15 (Side interior) 2$ LS South 15' (Side interior) 20' 10.5" East 25' (Rear) 28' 7" West 25' (Front) 25' IIII lIII� Iv Ili III I it , it I �I � � I I 35' 26> 9" II ILI III.II II ICI III'!�I i I !! RI LI i 40% 34.8 % ** *The applicant has requested a waiver from the front setback requirement along Federal Highway and is discussed under the waiver section of this report. * *The site plan indicates that a lot coverage of 34.8% is provided on the GC zoned property. However, this requirement applies to the RM zoned property. A condition of approval is attached that the lot coverage of the RM zoned property is noted on the plans and that it be no more than 40 %. Parking Requirements: Per LDR Section 4.69(C)(2)(c), parking for multi - family residential development must be provided pursuant to the following: • One bedroom dwelling unit 1.5 spaces /unit • Two or more bedroom dwelling unit 2 spaces /unit • Guest parking shall be provided cumulatively as follows: - for the first 20 units 0.50 spaces/unit - for units 21 -50 0.30 spaces/unit - for units 51 and above 0.20 spaces/unit The proposed development contains 38 (16 of which have a fourth bedroom option) dwelling units. Based on this dwelling unit mix, the required parking for the proposed development is 91 parking spaces. The development proposal complies with this requirement since a total of 156 parking spaces are proposed (76 two -car garages, 76 spaces in the driveways, and 4 perpendicular spaces on the north side of building 7). It is noted that each of the garages have been designed with storage areas beneath the stairwells. Thus, the City Commission condition of approval regarding the depth of the garages noted in the background section of this staff report has been addressed. Townhouses and Townhouse Type of Development: Design Standards: Per LDR Section 4.3.3(0)(4)(a), no more than two townhomes may be constructed without providing a front setback of not less than 4 feet offset front to rear. The proposed townhouses comply with this standard since an offset of 7 feet is provided between every two townhomes. Per LDR Section 4.3.3(0)(4)(b), no townhouse row shall consist of more than eight dwelling units or a length of 200 feet, whichever is less. The longest townhouse grouping consists of six dwelling units with a length of 150 feet. Thus, this requirement has been met. Minimum Residential FIoor Area: Pursuant to LDR Section LDR Section 4.3.4(K)[Minimum residential floor area], the minimum required floor area for a three - bedroom unit is 1,250 square feet and 1,500 square feet for a four bedroom unit. The 16 units that have a fourth bedroom option have 1,940 square feet of floor area. The remainder of the 3- bedroom units has 1,984 square feet of floor area. Based on the above, the proposed development meets the City's minimum residential floor area requirement. Photometric Plan: A photometric plan has been submitted that demonstrates compliance with the City's illumination standards except for the surface parking area near the recreational facilities. Per LDR Section 4.6.8(A)(3), the minimum illumination level is 1.0 foot candles and 0.2 foot candles is proposed. The photometric plan needs to be revised to correct this deficiency and is attached as a condition of approval. Dead -end Parking Bays: Per LDR Section 4.6.9(D)(4)(c), dead -end parking bays are discouraged, but when site conditions dictate that there be dead -end parking bays, they shall be designed so that there is a 24' wide by 6' deep maneuvering area at the end of the bay. Since the width of the travel lanes has been reduced to 22 feet wide, the required maneuvering area is consequently reduced to 22 feet. However, the depths of the proposed maneuvering areas are 9'5 ", 5' 8.5 ", and 5'. The depths of the two substandard maneuvering areas need to be increase to 6 feet and this is attached as a condition of approval. EXHIBIT "B" (3) New Multiple Family, Commercial, and Industrial Development: Multi- family, commercial, industrial and all other uses are required to comply with the minimum requirements for off- street parking. On the site of a building or open -lot use providing an off - street parking, storage or other vehicular use area, where such an area will not be screened visually by an intervening building or structure from an abutting right -of -way or dedicated alley, there shall be provided landscaping as follows: Perimeter requirements adjacent to public and private rights -of- -way: (a) A strip of land at least five (5) feet in depth located between the off- street parking area or other vehicular use area and the right -of -way shall be landscaped, provided, however, that should the zoning code of the Delray Code of Ordinances require additional perimeter depths, that the provisions of the zoning code shall prevail. This landscape strip shall be free of any vehicular encroachment, including car overhang. The landscaping shall consist of at least one tree for each thirty (30) linear feet or fraction thereof. The trees shall be located between the right-of-way line and the off- street parking or vehicular use area. Where the depth of the perimeter landscape strip adjacent to the right -of -way exceeds fifteen (15) feet, shade trees may be planted in clusters, but the maximum spacing shall not exceed fifty (50) feet. The remainder of the landscape area shall be landscaped with grass, ground cover, or other landscape treatment excluding pavement. Additionally, a hedge, wall or other durable landscape area shall be placed along the interior perimeter of the landscape strip. If a hedge is used, it must be a minimum of two (2) feet in height at the time of planting and attain a minimum height of three (3) feet above the finished grade of the adjacent vehicular use or off - street parking area within one year of planting. Multiple tier plantings are strongly encouraged for all properties, regardless of the depth of the landscape buffer. Those properties that have a landscape buffer depth of ten (10) feet or more shall be required to provide an additional layer of groundcover. The groundcover shall be located directly in front of the required hedge, so as to be visible from the adjacent right -of -way. This groundcover shall be installed at one -half (912) of the height of the required perimeter hedge. If a nonliving barrier is used, it shall be a minimum of three (3) feet above the finished grade of the adjacent vehicular use. Nonliving barriers shall require additional landscaping to soften them and enhance their appearance. For each ten (10) feet of nonliving barrier, a shrub or vine shall be planted along the street side of the barrier, in addition to tree requirements. Earth berms may be used only when installed in conjunction with sufficient plant materials to satisfy the screening requirements. The slope of the berm shall not exceed a 3:1 ratio. Hedges for multi - family projects which are used to separate a residential use from an adjacent arterial or collector road right -of- way may attain a height of eight (8) feet to mitigate the impact of the adjacent roadway Perimeter hedging installed to effect screening of storage areas must be a minimum of seventy -five (75) percent of the height of the storage structure at the time of installation and be permitted to grow to a height to conceal the materials being stored. Perimeter shade trees are required to be planted every thirty (30) feet and are not permitted to be clustered. (b) The unpaved portion of the right -of -way adjacent to the property line shall be landscaped with sod and provided with irrigation and maintenance. (c) The width of accessways which provide access to a site or vehicular use areas may be subtracted from the linear dimensions used to determine the number of trees required. Perimeter landscaping requirements relating to abutting properties: (d) A landscaped barrier shall be provided between the off - street parking area or other vehicular use area and abutting properties. The landscape barrier may be two (2) feet at the time of planting and achieve and be maintained at not less than three (3) nor greater than six (6) feet in height to form a continuous screen between the off- street parking area or vehicular use area and such abutting property. This landscape barrier shall be located between the common lot line and the off- street parking area or other vehicular use area in a planting strip of not less than five (5) feet in width that is free of any vehicular encroachment, including car overhang. Duplexes may be permitted to reduce the perimeter planting strip to two and one -half (2 112) feet in width in cases where lot frontage is less than fifty -five (55) feet. In addition, one (1) tree shall be provided for every thirty (30) linear feet of such landscaped barrier or fraction thereof. (e) Where any commercial or industrial areas abut a residential zoning district or properties in residential use, in addition to requirements established for district boundary line separators in the zoning code, one (1) tree shall be planted every twenty -five (25) feet to form a solid tree line. (f) The provisions for perimeter landscape requirements relating to abutting properties shall not be applicable where a proposed parking area or other vehicular use area abuts an existing hedge or established tree line, the existing hedge and trees may be used to satisfy the landscape requirements provided the existing material meets all applicable standards. The landscape strip, a minimum of five (5) feet in depth, however, is still required, and must be landscaped with sod or ground cover and be free of any vehicular encroachment, including car overhang. If the existing landscaping does not meet the standards of this article, additional landscaping shall be required as necessary to meet the standards. In the event that the landscaping provided by the adjacent property which has been used to satisfy the landscaping requirements for the property making application is ever removed, the property heretofore using the existing vegetation to satisfy landscaping requirements, must then install landscaping as required to comply with the provisions of this code. Interior landscape requirements for parking and other vehicular use areas. (g) The amount of interior landscaping within off - street parking areas shall amount to no less than ten percent (10 %) of the total area used for parking and accessways. (h) There shall be a group of palms or a shade tree for every one hundred twenty -five (125) square feet of required interior landscaping. No more than twenty -five percent (25 %) of these required trees shall be palms. (i) Landscape islands which contain a minimum of one hundred thirty - five (135) square feet of planting area, with a minimum dimension of nine (9) feet, exclusive of the required curb, shall be placed at intervals of no less than one landscaped island for every thirteen (13) standard parking spaces. One shade tree shall be planted in every island with a minimum of seventy -five (75) square feet of shrubs and groundcovers. Tree specifications shall adhere to those listed in Section 4.6.16(E)(5) and 4.6.16(E)(6). Where approval for the use of compact parking has be approved, islands may be placed at intervals of no less than one (1) island for every fifteen (15) compact parking spaces. 1. The distance between parking islands can be increased up to fifteen (15) standard or seventeen (17) compact parking spaces but the width of the parking island must be increased by one (1) foot for each additional space (i.e. if the distance between parking islands is fifteen (15) standard parking spaces the parking island would have to be eleven (11) feet wide). Properties within the Central Business District (CBD) shall adhere to the same landscape island width stated above, unless documentation of site constraints provide that such island width is not feasible. In such cases, the City will accept landscape islands with a minimum width of seven (7) feet, exclusive of curb, with one hundred an five (105) square feet of planting area. Under no circumstances shall any landscape island have a width smaller than seven (7) feet, exclusive of curb. Tree specifications shall adhere to those listed in Section 4.6.16(E)(5) and 4.6.16(E)(6). Minimum tree height shall be increased to eighteen feet (18') in overall height with an eight foot (8') spread if the option to increase the number of parking spaces between landscape islands is chosen. 2. Unobstructed cross - visibility shall be maintained at all terminal landscape islands where it intersects a right -of -way. Clear visibility shall be maintained between three (3) feet to six (6) feet above ground. Proper plant selection shall be utilized that fully accounts for the mature height and spread of that plant. The proper design shall have low groundcovers within the nose of the island with small shrubs located at the back end of the island. {j) Each row of parking spaces shall be terminated by landscape islands with dimensions as indicated above, An exception to this requirement is when a landscaped area, with the dimensions above, exists at the end of the parking row. (k) Whenever parking tiers abut, they shall be separated by a minimum five (5) foot wide landscape strip. This strip shall be in addition to the parking stall and be free of any vehicular encroachment, including car overhang. In addition, a two foot (2') hedge shall be installed within this landscape strip and run the entire length of the strip. Pedestrian walkways are permitted to allow passage through the hedge. Nonmountable curbs are not required for these landscaping strips, providing carstops are provided. (I) Perimeter landscape strips which are required to be created by this code or requirements of the zoning code shall not be credited to satisfy any interior landscaping requirements, however, the gross area of perimeter landscape strips which exceed minimum requirements may be credited to satisfy the interior landscape requirements of this section. (m) Interior landscaping in both parking areas and other vehicular use areas shall, insofar as possible, be used to delineate and guide major traffic movement within the parking area so as to prevent cross -space driving wherever possible. A portion of the landscaping for interior parking spaces, not to exceed twenty -five percent (25 %) of the total requirement, may be relocated so as to emphasize corridors or special landscape areas within the general parking area or adjacent to buildings located on the site, if helpful in achieving greater overall aesthetic effect. Such relocated landscaping shall be in addition to the perimeter landscaping requirements. (n) Existing native soil within all landscape islands, interior landscape strips and perimeter landscape strips, adjacent to vehicular use .areas, shall be excavated down to a depth of thirty (30) inches below existing grade, except for a 12" buffer from the inside of curb or pavement (see diagram below). A suitable planting soil mixture of fiftylfifty (50150), sixty /forty (60140) (sand /topsoil) or as otherwise indicated by the Registered Landscape Architect, shall either be backfilled in place of the native soil or efficiently mixed with the native soil to create an optimum environment for successful root development. If native soil is to be mixed, it shall first be screened to remove rocks and debris larger than one -half (112) inch in diameter prior to mixing. All properties under this section shall be required to have an open landscape bed inspection prior to backfilling to insure the thirty (30) inch depth has been met. -.. OF Ctm k YN VATION AW-A (30" OFPT141 ACTED 501G 02" wcO 1' 0" (o) All air - conditioning units and other mechanical equipment and refuse areas whose height is five (5) feet or less shall be screened with shrubbery that is tall enough to fully screen the units from view. Equipment five (5) feet to sixteen (16) feet above grade shall be screened with hedges that are half of the height of the item to be screened. In such instances, the required hedge shall not be any less than five (5) feet in height. Anything higher than sixteen (16) shall be screened with shrubbery that is a minimum of eight (8) in height. (p) Landscaping may be permitted in easements only with the written permission of the easement holder. Written permission shall be submitted as part of the site plan or landscape plan review. (4) Foundation Landscaping Requirements (a) Foundation landscaping shall be required. This shall incorporate trees, shrubs and groundcovers with the minimum required specifications as set forth in 4.6.16(E). Multiple tiers of plant material should be utilized and thoughtfully designed to accomplish the goal of softening the building mass while adding vibrant color and textures. (b) New multi -story structures or landscape improvements to existing multistructures shall adhere to the landscape requirements set forth in this section. The purpose of these requirements is to aesthetically and visually buffer larger structures and to maintain an appropriately scaled relationship between the height of the structure and its surrounding landscape. Foundation trees with specifications listed in Table 1 shall be planted along the building fagade that faces a Right -of -Way. The spacing of these trees shall be determined based on the average canopy width of the proposed tree. These trees shall be spaced appropriately so that the canopies shall be touching at average maturity. Typical Foundation trees and spacing requirements are listed in Table 2. All trees listed in Table 2 are examples. Other species may be used so long as the spacing meets the intent of this section. Table 1. Foundation Tree Specifications Mean Structure Height (feet) Minimum Tree Height (feet) Minimum Tree Spread (feet) Minimum Overall Palm Height feet To 15 12 to 14 (code) 5 12 (code) 15 to 25 14 to 16 6 16 26 to 35 16 to 18 7 20 36 and greater 16 to 18 7 25 Table 2. Typical Foundation Trees and Spacing Requirements Tree Species Typical Spacing Quercus vir iniana (Live Oak) 30' Bursera simaruba (Gumbo Limbo) 30' Swietenia maha oni (Mahogany Tree 30' Cocos nucifera Coconut Palm 20' Wod etia bifurcate (Foxtail Palm 20' Veitchia montgomeriana (Montgomery Palm ) 15' Bismarckia nobilis Bismarck Palm 25' Phoenix dact lifers Date Palm 25' EXHIBIT "C SITE PLAN CONDITIONS 1. Address all Site Plan and Engineering Technical Items. 2. That signage is not reviewed or approved as part of the site plan process. 3. That a recorded plat be submitted. 4. That all preliminary technical comments of the City's Engineering Division are addressed. 5. That the lot coverage of the RM zoned property is noted on the plans and that it be no more than 40 %. 6. That the photometric plan be revised to correct the lighting deficiency at the parking area. 7. That the depths of the two substandard maneuvering areas be increase to 6 feet. 8. That the plans be revised to include details of the play equipment and that they be oriented toward toddlers. 9. That a CCTV camera be provided at the pool /clubhouse area. 10. That the Home Owners Association documents include the maintenancelrepairfreplace responsibility of the Association in perpetuity for the improvements along NE 7th Avenue. The documents will also need to identify that there will be no cost to those residences along NE 7th Avenue. 11. The Developer shall sign the City's standard landscape maintenance agreement for the landscape improvement along NE 7th Avenue and the HOA documents for the development shall provide that the homeowners association of the St. George project will be responsible, in perpetuity, for the costs associated with this landscaping including maintenance, irrigation, and water meter as determined by the City in accordance with the Landscape Maintenance Agreement. 12. No Certificate of Occupancy shall be issued to the Developer for any part or portion of the �roject until all work has been completed and approved by the City regarding N.E. 7t Avenue as it relates to conditions 8 -10. This must be noted on the plans. 13. No construction traffic shall be allowed to enter or exit onto N.E. 7th Avenue, unless such traffic is related to the improvements of N.E. 7th Avenue. Developer shall take the appropriate steps to insure that this condition is followed and this must be noted on the plans. 14.That the developer use permeable cobblestone pavers in -lieu of regular pavers. 15.Address all Landscape Plan Technical Items. 16.The Existing Tree Removal and Relocation plan (Sheet 1) fails to identify a large tree on the south side of the property, close to the end of NE 7th Avenue. It appears that this tree is a large Australian pine tree. Label tree and account for it in the tree chart. 17. Per LDR 4.6.16(E)(5), all required trees are to be a minimum of sixteen feet (16) in height with a seven foot (7) spread and eight foot (8') of clear trunk. Some of the palms and trees do not meet the aforementioned requirements. 18. Per LDR 4.6.16(H)(4), all buildings shall have foundation trees spaced so that their canopies will be touching at maturity. Size specifications are to adhere to the chart listed within this regulation. The townhomes facing Federal Highway are required to have additional trees to meet this requirement. Every unit shall have a double Montgomery Palm and an Oak tree. These trees need to be shifted away from the O/H lines and closer to the buildings. 19. The OIH line servicing the street lights should be placed underground to allow for the placement of the proposed oak trees closer to the right -of -way. This will allow these trees to grow to a more mature size and provide a larger visual impact along Federal Highway. 24.The hedges (Ilex and Fakahatchee Grass) proposed along Federal Highway should incorporate more colorful varieties to _add additional visual appeal. Fakahatchee grass in combination with Croton `Mammey' and Ruellia (Purple Showers) will provide a mix of colors and textures. Revise plans. 21.Additional trees and a taller hedge should be used within the landscape buffers on the north, east and south sides of this project. By doing so, much needed privacy and visual relief will be provided to the adjacent neighborhoods and businesses. The hedges should be at least thirty -six (36 ") inches in height. Currently, there are areas within the perimeter buffer where hedges are specified at 24" in height. 22. Some of the symbols on the landscape enlargement sheets are cut off and make it difficult to read. Include all information within the enlargement sheets. An additional sheet may be needed if all the information cannot fit onto the provided sheets. 23. The trees proposed adjacent to the driveways of the interior units need to be shade trees. Use a diverse palette combining Live Oak, Mahogany, Pink Tabebuia or Green Buttonwood for the larger landscape beds between driveways. The narrower landscape beds would be an ideal location for the use of palms and would add another species to the mix. At least three (3) single palms shall be used in each narrow bed. Montgomery, Carpentaria and Foxtail Palms are excellent choices for this application. All trees need to be at least sixteen feet (16') in height. See comment #2. 24.The perimeter landscape buffers need to be planted with shade trees. Switch the proposed Silver Buttonwood to a mix of Green Buttonwood, Satin Leaf, Live Oak, etc. These trees need to be sixteen feet in height. See comment #2. 25. Engineering plans show the townhome water meters and their corresponding service lines placed right down the middle of the landscape beds. This will cause a conflict with the installation of shade and palm trees. Move the water meters and service lines up against the driveway to allow as much growing space as possible for the trees. 26. The plant palette used for the townhouse understory plantings could use a bit more diversity. Include plants that offer more color and provide specimen accent pieces. The addition of a smaller groundcover layer in front of the larger hedges will add an appealing height differentiation. 27.The fence located to the rear of the bus easement needs to be screened with a hedge. Extend the hedge to satisfy this requirement. 28. Remove the elevation numbers and any other irrelevant information from the landscape plans. 29.That St. George provides and pays for the irrigation of the landscape along NE 7tn Avenue. 30.That the applicant addresses the Senior Landscape Planners concern over whether the existing overhead lines along the west side of NE 7t" Ave are to be buried and/or relocated. 31. The addition of landscape uplighting for the trees along Federal Highway will, add another dimension to the streetscape at night. This element should be considered as it will also increase the visibility of this development and the beautiful landscape that will surround the buildings. 32. That the landscape plan be revised to indicate that 20 -foot high trees be planted in the area along the westerly portion on north side of building #1 to be worked out with staff. 33. That additional landscaping be installed at the southeast corner of the property including 20 -foot high trees. P 6liwilillimeoli, liIIINd.-Jaymunli : APPEAL OF ADMINISTRATIVE DETERMINATION REGARDING HJ J'COM,,O1',,' PUB 0"a 61 W'l; 1. This appeal of the denial of an administrative waiver request to allow thit. I ll!�IIIIIII I 0M., I i Wo-mm "im rem 1110"011 a I 1151 IT, a I KI to W WN WITIM 104 INW-wom nmffmmEmz� administrative waiver request to allow the consumption of alcoholic beverages or i lii- i ,Ili- Mffffliiii IFIFIRWINIXIIIIII i''I I I I • 0-70TOWSTIT, FWTORMT 3. The City Commission finds there is ample and competent substantia. 4. Based on the entire record before it, the City Commission approves */ denies the appeal subject to the conditions set forth in Exhibit "A". The City 4 d - 0 opposed. ATTEST: 1,10 kv 01A Chevelle Nt*in City Clerk 10 CaD. Glickstein, Mayor "J February 11, 2014 Special Meeting Item SP. 1 The appellant must adhere to the site plan and enclose the entire site with interlocking barricades. The appellant must confirm that they have hired private security guards-4, ensure patrons remain on site with alcohol beverages. 3. The appellant must provide: the City with a Certificate of Liability Insurance and a signed and notarized Hold Harmless Agreement for use of the alley by February 28, 2014. The appellant must process their application through the State Department of Business Regulation with a copy • their Temporary License sent to the City Manager's Office by March 10, 2014. 2 February 11, 2014 Special Meeting Item SP. 1 In Nxwfim WRIA20"Mm ifs 1 . This appeal of the denial of an administrative waiver request to allow the 111111y I �� I �� ; I I I I �� I � I I I! ; A ,I , 11 1 �: �, 11111,11=11, , iffilm, ter! 1111 TWHIRF =11 Irmo lI I I R I I I I! I 1 1! 111 111 !1 11 ! !I I ! - I III I 11 - - I I z I 111111F -PRONRIPM 41 I ff I a I I I! 1� M IF evidence is part of the record in this case. I i 11111111 111, !! 11 III 1� P!, I!! mill IIIIIIIII 111111iiriniip�ll 1111!1111l;� W R 0111111"11111 W 4. Based on the entire record before: it, the City Commission approves I/ :O,enies 'the appeal subject to the conditions set f'orth in Exhibit "A", The City Commission hereby adopts this Order this 11th day of February, 2014, by a vote of 5 in favor and 0 opposed. CakWGlickstein, Mayor JYV Chevelle N+n City Clerk February 11, 2014 Special Meeting Item SP.2 09747 Me, 1. The appellant must adhere to the site plan and enclose the entire site with 6' chain link fencing. If-". The appellant must confirm that they have hired private security guards tf ensure patrons remain on site with alcohol beverages. 3. The appellant must process their application through the State Department of Business Regulations with a copy of their Temporary License sent to the City Manager's Office by March 10, 2014. The appellant must provide the City with a letter from the property owner authorizing this use by February 21 2014. rimemn-An. 11MUNT mffrow§� w • i� 2 February 11, 2014 Special Meeting Item SP.2 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA APPEAL OF ADMINISTRATIVE DETERMINATION REGARDING HJ O'CONNOR'S PUB ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This appeal of the denial of an administrative waiver request to allow the consumption of alcoholic beverages on property outside HJ O'Connor's Pub from noon until 8:00 p.m. on March 15, 2014, pursuant to Ordinance Section 113.02(6) has come before the City Commission on February 11, 2014. 2. The Appellants, Appellee and City staff presented documentary evidence and testimony to the City Commission pertaining to the appeal of the denial of an administrative waiver request to allow the consumption of alcoholic beverages on property outside his business pursuant to Ordinance Section 113.02(B). All of the evidence is part of the record in this case. 3. 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. 4. Based on the entire record before it, the City Commission approves ✓ denies the appeal subject to the conditions set forth in Exhibit "A ". The City Commission hereby adopts this Order this 11th day of February, 2014, by a vote of 5 in favor and 0 opposed. Cary ickstein, Mayor r ATTEST: Chevelle Nubin City Clerk Exhibit "A" Conditions 1. The appellant must adhere to the site plan and enclose the entire site with interlocking barricades. 2. The appellant must confirm that they have hired private security guards to ensure patrons remain on site with alcohol beverages. 3. The appellant must provide the City with a Certificate of Liability Insurance and a signed and notarized Hold Harmless Agreement for use of the alley by February 28, 2014. 4. The appellant must process their application through the State Department of Business Regulation with a copy of their Temporary License sent to the City Manager's Office by March 10, 2014. 2 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA APPEAL OF ADMINISTRATIVE DETERMINATION REGARDING BRU'S ROOM ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This appeal of the denial of an administrative waiver request to allow the consumption of alcoholic beverages on property outside Bru's Room Restaurant, from 11:00 a.m. to 11:59 p.m. on March 15, 2014, pursuant to Ordinance Section 113.02(B) has come before the City Commission on February 11, 2014. 2. The Appellants, Appellee and City staff presented documentary evidence and testimony to the City Commission pertaining to the appeal of the denial of an administrative waiver request to allow the consumption of alcoholic beverages on property outside his business pursuant to Ordinance Section 113.02(B). All of the evidence is part of the record in this case. 3. 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. 4. Based on the entire record before it, the City Commission approves ✓ denies the appeal subject to the conditions set forth in Exhibit "A ". The City Commission hereby adopts this Order this 11th day of February, 2014, by a vote of 5 in favor and 0 opposed. ATTEST - Chevelle Nubin City Clerk i�< Cary D. GlkkAin, Mayor Special /Workshop Meeting February 11, 2014 Exhibit "A" Conditions 1. The appellant must adhere to the site plan and enclose the entire site with 6' chain link fencing. 2. The appellant must confirm that they have hired private security guards to ensure patrons remain on site with alcohol beverages. 3. The appellant must process their application through the State Department of Business Regulations with a copy of their Temporary License sent to the City Manager's Office by March 10, 2014. 4. The appellant must provide the City with a letter from the property owner authorizing this use by February 21, 2014. 5. The appellant's extension shall be limited to 11.00 a.m. to 11 p.m. 2 Special /Workshop Meeting February 11, 2014