02-04-14 Regular City Commission MinutesFEBRUARY 4, 2014
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, February 4, 2014.
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
Terrill Pyburn, Interim City Attorney
Chevelle D. Nubin, City Clerk
2. The opening prayer was delivered by Deacon Anthony Cuseo of
Emmanuel Catholic Church.
3. The Pledge of Allegiance to the flag of the United States of America was
given.
4. APPROVAL OF MINUTES:
None.
5. PRESENTATIONS:
None.
At this point, the Commission moved to Comments and Inquiries on
Agenda and Non- Agenda Items from the City Manager and the Public Immediately
Following Presentations.
6.A. City Manager's response to prior public comments and inquiries.
With regard to a prior comment expressed by Dr. Kirson that crime has
increased by 5% in the City of Delray Beach, the City Manager stated that crime was at
an all -time low last year. The City Manager stated Chief Strianese has indicated that he
did not expect for that number to continue; it was at a historical low at the state, national,
and local level.
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With regard to Dr. Kirson's comment that the Police Department is
understaffed with 25 vacancies, the City Manager stated that is not an accurate number; it
is at full staff.
With regard to Dr. Kirson's concern about there only being 143 people in
the Police Department, the City Manager stated it was previously indicated that at any
point in time there may be six (6) people looking for a job. The City Manager stated he
can neither confirm nor deny that because this is an individual transaction.
The City Manager stated there was a previous comment with regard to
Police pay. The City Manager stated it is a fact that Police officers have gone several
years without a general wage increase. The City Manager stated that is by mutual
agreement with the City of Delray Beach and the Collective Bargaining Unit (PBA). The
City Manager stated in fiscal year 2011 -2012 the Police officers received a step increase
for those individuals who were step eligible.
With regard to the prior concern expressed by Major Joe Bernandel about
the street renaming, the City Manager stated this item is going through the process and
after evaluation it will be sent to the Planning and Zoning Board for approval by the end
of this month.
With regard to Mr. Frankel's previous concern about when construction
will commence for the iPic Theatre, the City Manager stated contracts for purchase and
sale have been signed by both parties and the purchase order is in the sixty�60) day due
diligence period and once the inspection period is complete they will get their
applications to the Planning and Zoning Department for site plan conditions.
The City Manager stated the Salt Water Brewery fell into this area where
food trucks are not allowed per the City's LDRs and commercial uses are not generally
allowed in a manufacturing district.
With regard to Mayor Glickstein's prior suggestion about placing the logo
"The Most Fun Small Town" on the next order of City letterhead and that it be posted on
the homepage of City's website, the City Manager stated staff will take care of this.
6.B. From the Public.
6.B.1. Pauline Moody, 609 S.W. 8th Avenue, Delray Beach, FL 33444, asked
why the Commission has allowed Item 9.1., Amendment No. 1 to the Agreement with
Oceanside Beach Services, Inc. to be placed on the Agenda.
Secondly, Ms. Moody inquired about the Waste Management contract.
6.B.2. Andy Katz, 220 South Ocean Boulevard, Delray Beach, FL 33483
speaking on behalf of the BPOA), briefly commented on Consent Agenda Item S.F.,
Service Authorization No. 12 -07/Kimley -Horn and Associates, Inc. and urged the
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Commission to move this item to the Regular Agenda for discussion and have meetings
between City staff and the community versus spending money on the consultant part of it.
6.13.3. Kenneth Churchill, 6395 Kings Gate Circle, Delray Beach, FL 334_83
(National Organizer for the Homeless Families and Individuals and Vice President
of Street News of New York City), read a Resolution into the record written by him on
behalf of homeless families and distributed a copy of the resolution and a copy of a
newspaper article to the Commission printed in the Daily Freeman on September 19,
2013 in Woodstock, New York.
6.B.4. Robert Sierra, 1345 West Barwick Ranch Circle, Delray Beach, FL
33445, (Barwick Estates), read a brief statement into the record regarding the
conditions of Barwick Road and stated there have been several fatalities on this road
involving children. He urged the Commission to provide a safer Barwick Road by
providing brick pavers for sidewalks and replacing the asphalt ones, update the lighting
with LED street lights, and provide a round -a -bout like the one on Lake Ida road west of
Military Trail. Mr. Sierra stated he supports Principal Fay's idea to provide a right only
turning lane on Barwick Road and Saba] Lakes. Mr. Sierra stated there are 1,000
children attending Banyan Creek Elementary and traffic continues to back up every day
when school is in session.
6.B.5. Mitchell Katz, 4569 Danson Way, Delray Beach, FL 33445 (President
of Bexley Park, member of the Education Board, and a member of the PTA at
Banyan Creek Elementary School), showed a brief video of cars speeding down
Barwick Road and expressed concern about the safety of the children because of how
close children walk to the road. Mr. Katz stated Mr. Sierra emailed the City Manager and
the City Commission several months ago and was informed that there was no money in
the budget. Mr. Katz stated there is money in reserves and noted the Commission is
considering spending $396,673.19 (Agenda Items 9.K., 9.L., 9.M., and 9.N.) on studies
for beautification projects and instead the City could spend approximately $400,000.00
and money that was going to be used for those other projects to potentially save lives. He
stated many of the children as young as Kindergarten and 15t grade walk alone with no
parental supervisor. Mr. Katz requested that asphalt sidewalks be installed on the east
side of Barwick Road, that something be done with the sidewalks on the west side of
Barwick Road, and that the City address the speeding concerns. He stated with Wal-mart
going in the County is addressing their concerns for their portion of Barwick Road by
putting sidewalks and speed bumps in. Mr. Katz suggested that white barriers be put up
so that drivers are conscious that they should not be swerving off the road into where the
children are walking. In addition, Mr. Katz suggested that Barwick Park on the corner of
Lake Ida Road and Barwick Road open earlier because when the children are coming to
school is when everyone is leaving the park. Mr. Katz urged the City to address this
situation immediately.
6.B.6. William Fgy, Principal at Banyan Creek Elementary School for 19
years, supports the activities of the neighbors and stated over the last 19 years the area
where the school is has been developed to its max at this point which presents a problem
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for the school. Mr. Fay stated his responsibilities to parents are to provide safety and
education for their children. He stated Banyan Creek Elementary is the largest
elementary school in Delray Beach with over 1,000 children ages 4 and up (most
elementary schools 500 -600 children). Mr. Fay stated the school also hosts numerous
special education programs; 60% of the children fall under the umbrella of special
education. He stated there are 225 -300 cars a day in and out between 7:30 a.m. and 8:15
a.m. and it is repeated in the afternoon. Mr_ Fay stated there is no greater priority than the
safety of the children and suggested that there be a partnership with the decision makers
in the City, the school, and the neighborhood so that everyone can- come up with a good
plan.
6.B.7. Allissa Maizes, 2725 N.W. 29th Drive, Boca Raton, FL 33434, stated she
has two children; one is graduating from Banyan Creek Elementary School and one has
already graduated. Ms. Maizes stated she is the voice of the five (5) children and their
families where the children of those families have been killed in accidents in the Banyan
Creek area. She stated these could have been avoided had the proper safety measures
been taken which were promised that would be implemented over five (5) years ago. Ms.
Maizes stated some of those safety measures discussed were speed bumps, a traffic light
on Barwick Park where you turn into Banyan Creek; better street lighting. She urged that
a lit sign be put right by the traffic sign in this area to read "Do Not Make a Right Turn
on Red" as is done at other schools and urged the City to increase the size of the school
zone. Ms. Maizes reiterated that there are over 1,000 children in attendance at Banyan
Creek Elementary ages 4 and up many of which have disabilities and also children who
do not have parents walking them to and from school guiding them. She stated the area
from where you are walking on the sidewalk to where you are driving on the street is
very close and there is not enough safety. Ms. Maizes urged the City to establish a Task
Force now so that every safe measure can be taken.
6.B.8. Vivian Demille, 1201 N. Swinton Avenue, Delray Beach, FL 33444
(friend of Dr. Craig S odak ), stated approximately a week ago at 3:00 p.m. leaving
Walgreens she was mugged. She suggested that the city increase safety measures in the
community and offered her assistance because she is in the mental health industry and
has a statewide reach. Ms. Demille stated that the City needs to look at some type of
regulation for sober homes in the community and treatment programs so that we make
sure we get quality treatment so that there are less people in the community using and
attempting to hurt someone to get their drug choice.
6.B.9. Chris Gove 1701 West Atlantic Avenue Delray Beach FL
(reuresentina Salt Water Brewery), stated it would be in the best of interest for Delray
Beach to help with food trucks and to help gentrify the area and open up the entire
undeveloped area.
6.B.10. Kevin Warner, 248 Venetian Drive, Delray _Beach, FL 33483,
commented about the Agenda backup for Oceanside Beach Services, Inc.
6.B.11. Ed McCall, 150 Andrews Avenue, Delray Beach, FL 334831
commented on the presentation and vote regarding emergency money spent for garbage
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cans. Mr. McCall urged the City Attorney, City Manager, and the City Commission to
reverse their decision to pay the $60,000. He stated there is no need for emergency
garbage cans and suggested the money be put towards the sidewalks. In his opinion, Mr.
McCall stated this was not a transparent action.
6.11.12. Michael Weiner, Lynne & Thompson, P.A., 10 S.E. I" Avenue, Delray
Beach, FL 33444 (speaking on behalf of Oceanside Beach Services, Inc.), briefly
spoke about Item 9.L, Amendment No. 1 to the Agreement with Oceanside Beach
Services, Inc.
6.13.13. Alice Finst, 707 Place Tavant, Delray Beach, FL 33445, urged the
Commission to review the process of construction and the Land Development
Regulations (LDRs) west of Veteran's Park and suggested staff look at the LDRs that
were changed years ago to accommodate and encourage development in the city then
when we needed it. Mrs. Finst urged the Commission to look at these LDRs as they
stand today in our context of the city as it is today and see if updates are needed.
6.B.14. Peter Humanik, 704 N.E. 5k" Street, Delray Beach, FL 33483,
commented about the total cost of ownership and suggested in the process on these items
that staff lists an estimate of the 2 year cost following the first year and at the end of the
year use those as a vehicle as improvement for the following year.
Secondly, Mr. Humanik stated everyone is aware that Delray Beach
clearly has a rehab problem.
With regard to parking for the Commissioners downtown, Mr. Humanik
stated this is a good idea and encourages the Commissioners to go out and meet with
people.
Mr. Humanik stated the City should take care of the restaurant owners and
give them priority or a discount.
Mr. Humanik stated some people in the community cannot afford $10,
$20, or $30 or more to eat downtown and suggested that the City have an outreach to the
local neighborhoods to run food trucks or set up a stand.
Lastly, Mr. Humanik commented about the Agenda process and stated the
public should be allowed to give input at the end of the meetings versus the beginning of
the meetings.
7.
AGENDA APPROVAL.
Mr. Frankel requested that Item 8.E., Service Authorization No. 12-
07/Kimley -Horn and Associates, Inc., be moved from the Consent Agenda and moved
to the Regular Agenda as Item 9.11.11.
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The Interim City Attorney suggested reversing the order of Item 9.C.,
Appeal of Site Plan Review and Appearance Board SPRAB Actions /St. Geor a and
Item 9.D., Internal Adjustment and Waiver Request /St. George.
The Interim City Attorney stated the Waste Management issue is
scheduled for trial on March 27 and March 28, 2014.
The Interim City Attorney stated the applicant has requested
postponement of Item 9.A., 9.A.1, and Item 9.B., Temporary Use and Waiver
Request/Delray Kia.
Mr. Frankel stated he would like to leave Item 9A. and Item 9.A.1., on
the Agenda for discussion and if there is a vote to remove it that it be removed at that
time.
Mayor Glickstein reiterated that Item 9.A., Item 9.A.I., and Item 9.B.
will remain on the Agenda. He requested that Item S.E., Service Authorization No. 12-
07/Kimley -Horn and Associates, Inc. be removed from the Consent Agenda and moved
to the Regular Agenda as Item 9.11.11. and suggested that it come after all the Quasi -
Judicial Hearings so that it be the first contract issue to be heard.
Mrs. Gray moved to approve the Agenda as amended, seconded by Mr.
Frankel. 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.
8. CONSENT AGENDA: City Manager Recommends Approval.
S.A. DEVELOPER'S AGREEMENT/MJH FERN 76, LLC.: Approve a
Developer's Agreement for in -lieu of sidewalk installation along the property located at
115 N.E. 6th Street with MJH Fern 76, LLC.
S.B. REQUEST FOR SIDEWALK DEFERRAL AGREEMENT /505 N.W.
AVENUE: Approve a sidewalk deferral agreement with LF Style Homes, Inc. to
install a sidewalk along N.W. 1St Avenue for the property located at 505 N.W. 1" Avenue.
8.C. HOLD HARMLESS AGREEMENT /OXFORD BUSINESS
CORPORATION: Approve a Hold Harmless Agreement with Oxford Business
Corporation to allow encroachment of a currently existing roof overhang and vents
attached to the building onto public property located at 110 East Atlantic Avenue and as
previously approved by a Certificate of Occupancy.
8.D. HOLD HARMLESS AGREEMENT/ MORSE OPERATIONS INC.:
Approve a Hold Harmless Agreement with Morse Operations, Inc. to install/construct
utilities in the State right -of -way for the property located at 2238 South Federal Highway.
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S.E. SERVICE AUTHORIZATION NO. 12- 071KiMLEY -HORN AND
ASSOCIATES, INC.: Approve Service Authorization No. 12 -07 with Kimley -Hom and
Associates, Inc. in the amount of 47,433.00 for professional services for the East Atlantic
Avenue Median Project #14 -007 and the East Atlantic Avenue Pedestrian Improvements
Project #14 -008. The recommendation for award is in compliance with Ordinance No.
29 -13, Chapter 36 "Acquisition of Goods and Services and Disposal of City Property",
Section 36.02, "Methods of Acquisition", and (C), "Direct Acquisition Method", (3)
"Professional Services ". Funding is available from 334- 3162 -541 -61.15 (East Atlantic
Avenue Median Project) and 334 - 3162 -541 -63.11 (East Atlantic Avenue Pedestrian
Improvements Project).
8.F. PROCLAMATIONS:
1. Recognizing Black History Month — February 2014
2. Recognizing 2 -1 -1 Awareness Week — February 11 -17, 2014
3. Boys and Girls Club Day — April 3, 2014
8.G. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards
for the period January 20, 2014 through January 31, 2014.
8.H. AWARD OF BIDS AND CONTRACTS:
1. Bid award to B & B Underground Contractors, Inc. (Bid No. 2010-
^ 069) in the amount of $389,085.00 for construction of North Lake
Ida Water Main Project. The recommendation for award is in
accordance with Ordinance No. 29 -13, Chapter 36 "Acquisition of
Goods and Services and Disposal of City Property", Section 36.02
"Methods of Acquisition" (A) "Sealed Competitive Method" (1)
"Competitive Bids ". Funding is available from 442- 5178 -536-
68.64 (Water & Sewer Renewal & Replacement Fund:
Improvements Other/North Lake Ida Area Water Main).
Mrs. Petrolia moved to approve the Consent Agenda as amended,
seconded by Mr. Frankel. Upon roll call the Comrnission 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. REGULAR AGENDA:
9.A. FINAL SUBDIVISION PLAT APPROVAL AND WAIVER
REQUEST FOR 1001 HIBISCUS LANE PLAT: Consider approval of final plat and a
waiver for a 1.68 acre residential development containing three (3) single- family lots to
be platted as 1001 Hibiscus Lane Plat. (Quasi- Judicial Hearing) (THE APPLICANT HAS
REQ UESTED THIS ITEM BE POSTPONED UNTIL FURTHER NOTICE)
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Mr. Frankel stated he had discussion with the Interim City Attorney
regarding this and noted this came before the City Commission on December 13, 2013,
where a neighbor requested that this matter be continued because they hired an attorney
and Mr. Colnon needed some more time. Mr. Frankel stated it was voted to continue
with a 3 to 2 vote whereas thereafter Mr. Halberg, the applicant, went on social media
and discussed what "ugly politics" that continuance was. Mr. Frankel stated in January
the applicant requested a continuance and this was granted by the City Commission with
a 5 to 0 vote. Mr. Frankel stated now the City Commission is here again tonight for a
request to continue this hearing for a future date. Mr. Frankel stated if it is "ugly
politics" for three Commission members to grant a neighbor's continuance what is Mr.
Halberg's second request for continuance. Mr. Frankel stated he does not feel it is
appropriate especially when the Commission was criticized for a continuance for a
neighbor to grant indefinite continuance for the second time without this going back to
Planning and Zoning or the other boards where it would be appropriate to review.
The Interim City Attorney stated the attorney for the applicant had
requested postponement on the basis that the applicant is working with the neighbors to
try to resolve the issue.
Mr. Frankel stated he is not in favor of an indefinite continuance on this
matter for Item 9.A. or Item 9.A.1.
Mark McDonnell, Interim Planning and Zoning Director, stated when Mr.
Colnon made his claim that there was insufficient right -of -way or he challenged the
prescriptive easement that prompted staff as well as the applicant's attorney and the City
Attorney to sit down and dissect what is really going on Hibiscus Lane including the City
Engineer. Mr. McDonnell stated staff learned that the ingress is not dedicated to the
public so that the 25 foot waiver would be on a public right -of -way. He stated during
discussion with the Interim City Attorney they both felt it would be a significant change
that would warrant it going back to the Planning and Zoning Board (sometime in March
or April).
. The Interim City Attorney stated the City has not seen the final application
so whether or not it is a substantial change is speculative at this point.
Mr. Jacquet stated when this item first came up he spoke to the applicant
and the Interim City Attorney and he was uncomfortable with the public right -of -way.
After brief discussion, Mr. Jacquet stated he will support the motion to remove off the
Agenda. Mr. McDonnell clarified that it is not staff asking for the continuance but it is
the applicant.
At this point, Commissioner Jacquet left the dais.
The Interim City Attorney suggested that the Commission postpone the
item not to date certain with the direction that to the extent that there have been
substantial changes that it needs to go back before the Planning and Zoning Board.
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Mr. Frankel moved to approve no action on Item 9.A. and Item 9.A.I.,
seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray —
Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Frankel — Yes. Said motion
passed with a 4 to 0 vote.
Mr. Frankel moved to approve to remove Item 9.8., seconded by Mrs.
Gray. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Mrs.
Petrolia Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 4 to 0
vote.
9.A.1. WAIVER REQUEST: Consider a waiver request to Land Development
Regulations (LDR) Section 4.3.4(K), "Development Standards Matrix ", to reduce the
required lot frontage for Lot 1 from 100 feet to 25 feet for the property located at 1001
Hibiscus Lane. (Quasi - Judicial Hearing) (THE APPLICANT HAS REQUESTED THIS ITEM
BE POSTPONED UNTIL FURTHER NOTICE)
9.8. TEMPORARY USE AND WAIVER REQUEST/DELRAY KIA:
Consider a Temporary Use and Waiver Request for Delray Kia to store vehicles at the
Ralph Buick site, located at 2501 South Federal Highway. (Quasi- Judicial Hearing)
(STAFF HAS REQUESTED THIS ITEM BE POSTPONED UNTIL FUR THER NOTICE)
At this point, Commissioner Jacquet returned to the dais.
9.1). INTERNAL ADJUSTMENT AND WAIVER REQUESTS /ST.
GEORGE: Consider waiver requests to Land Development Regulations (LDR) Section
4.4.9(F)(2)(a), `Building Setback ", regarding the minimum front building setback of 5
feet and maximum setback of 15 feet from the ultimate right -of -way line along North
Federal Highway and an internal adjustment to Land Development Regulations (LDR)
Section 4.3.3(0)(3)(c), `Building Separation Internal Adjustment ", which requires that
residential structures shall not be located closer than twenty -five feet (25) for a two -story
structure for St. George, located on the east side of North Federal Highway, north of
George Bush Boulevard at 1023 North Federal Highway. (Quasi - Judicial Hearing)
At this point, Commissioner Petrolia left the dais and returned soon after.
Mayor Glickstein read the City of Delray Beach Quasi - Judicial rules into
the record for this item.
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on Items 9.C., 9.D., 9.E., 9.F., 9.G., and 9.11.
Mayor Glickstein asked the Commission to disclose their ex parte
communications. Mr. Frankel stated he has had no new ex parte communications since
the first time the Commission addressed this issue. Mrs. Gray stated she too has had no
new ex parte communications since the first time the Commission addressed this issue.
Mr. Jacquet stated he has the same communications as the first time the City Commission
discussed this item. Mayor Glickstein stated he had no ex parte communications to
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disclose.
Mark McDonnell, Interim Planning and Zoning Director, entered the
Planning and Zoning Department project file #2014 -010 into the record.
Mr. McDonnell stated he will make a presentation for both the internal
adjustment and the appeal at the same time as they both pertain to the same site plan.
Mr. McDonnell stated the action requested of the City Commission is
consideration of a private appeal of the Site Plan Review and Appearance Board on the
Class V for the St. George Townhouse development.
At its meeting on August 20, 2013, the City Commission approved the
conditional- use to allow a free - standing multi - family development consisting of 38
townhomes on the property which measures 3.198 acres and is zoned General
Commercial (GC). At its meeting of December 18, 2013, SPRAB approved the Class V
site plan, the landscape plan, and the building elevations for St. George and also made
recommendations on the waivers.
Mr. McDonnell stated the internal adjustment is for the buildings that are
required to be 25 feet apart. Mr. McDonnell stated he was informed by the applicant at
another meeting that he was able to achieve the 20 foot separation that SPRAB
recommended. Staff felt that was a comfortable compromise.
At its meeting of December 18, 2013, the SPRAB approved the Class V
site plan and there were some conditions that were attached to the approval. At its
meeting of August 20, 2013, the City Commission reviewed this and approved subject to
the conditions listed in the report.
Mr. McDonnell stated pursuant to the LDRs there is a setback waiver
required. The project complies with required parking as detailed in the report, it complies
with townhouse or townhouse type development where it is no longer the 200 feet (no
more than six dwelling units stacked together); the proposal meets the development
standards for minimum floor area for the proposed units; however, the City needs an
updated photometric plan. The style is Bermuda influence. Mr. McDonnell stated
positive findings are made with regard to the Future Land Use Map; with regard to
concurrency the Commission made a positive finding when they looked at the conditional
use. He stated staff believes this is consistent with Objective A -1 from the
Comprehensive Plan; development will be complimentary with the surrounding
commercial residential development and will provide a customer base; with regard to the
North Federal Highway corridor the new residential development will help stimulate
related commercial development along Federal Highway by creating demand for goods
and services. Mr. McDonnell noted that the City Commission and Planning and Zoning
Board considered the driveway connection to N.E. 7 t Avenue and found the connection
will not have a detrimental impact on the residential neighborhood to the south due to the
one -way vehicular exit and landscape improvements proposed by the applicant. He
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stated the owners can only leave southbound on 7th Avenue and the only way someone
can get back into this development from 7th Avenue is by bicycle, foot, or by golf cart.
He stated there is going to be bollards that prevent vehicular access back northbound on
7tn into the development. Staff has made a finding that it is compatible with surrounding
development and also consistent with Housing Policy A -11.3 and at its meeting of May
23, 2013, the CRA recommended approval. Mr. McDonell stated the appeal would be at
the City Commission discretion and staff recommends approval of the internal
adjustment and waiver.
Mayor Glickstein commented that staff stated he had a conversation with
the architect or some other individual and asked if this changes the staff report. Mr.
McDonnell stated this does not change the staff report because their recommendation is
that they would support the internal adjustment in accordance with SPRAB's
recommendation. Mr. McDonnell stated Mr. Jones informed him at a Planning and
Zoning Board meeting that he was able to achieve that. Staff would support the internal
adjustment in accordance with SPRAB's recommendation and they feel it is an
acceptable compromise.
Richard Jones, Richard Jones Architecture, 10 S.E. V Avenue, Suite
102, Delray Beach, FL 33444, gave a brief PowerPoint presentation into the record and
stated a redevelopment plan was approved by the City Commission on March 16, 1999
and the goal of the plan is to approve the appearance of the area and to stimulate the
revitalization of the North Federal Highway corridor by encouraging new development.
Mr. Jones briefly commented about the waivers.
Mayor Glickstein stated if anyone from the public would like to speak in
favor or in opposition of the internal adjustment and waiver requests, to please come
forward at this time.
Peter Humanik, 704 N.E. Stb Street, Delray Beach, FL 33483, stated a
waiver and adjustment in general is to waive money. Mr. Humanik supports
development in this area and urged the Commission to stand by the zoning rules because
this is what the professionals knew when they bid on it.
Monica Kaysen, 1227 N.E. 8"' Avenue, Delray Beach, FL 33483 (lives
at a dead -end), stated in 1988 her property was annexed into the city from a County
pocket and her neighborhood was promised the following things: (1) better city service,
(2) protect the roads, and (3) get a buffer zone in- between Federal Highway (the
commercial zone) and the residential neighborhood. Ms. Kaysen stated the ingress is
going to come from Federal Highway and the egress will be through 7th and Federal;
however, if someone exits Federal Highway you cannot go across Federal to go south
you have to go north to 101 (red light) make a U -turn in the road to go back down south
or go 100 yards and turn down bond way. She stated Bond Way crosses her street. Ms.
Kaysen stated they do not need sidewalks because there is already beautiful landscaping
there and she suggested that they open up the median in the middle of Federal Highway
and have the ingress /egress come from Federal Highway versus Bond Way. She stated
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this area is also full of halfway housing.
There being no one else from the public who wished to address the
Commission regarding the internal adjustment and waiver requests for St. George, the
public comment was closed.
There was no cross - examination.
At this point, the following individual gave a brief rebuttal.
Mark McDonnell stated there was a comment about why there are internal
adjustments and waivers. Mr. McDonnell stated internal adjustments and waivers are
considered a planning tool when there is a project of excellence in design or if they
voluntarily propose to make improvements off their site. Mr. McDonnell stated the City
is getting a neo- traditional design which is what the North Federal Highway Corridor
calls for and the City is also getting the enhanced landscaping.
Mr. Jones noted these are internal adjustments and waivers not variances.
Mr. Jones stated Ms. Kaysen spoke about a certain type of use that is prevalent in that
area and is all the more reason the city needs family oriented units in the downtown and
feels that this project can help bring families back to the downtown. Mr. Jones stated in
2006 there was an internal adjustment approved for a reduction of 13 feet between
buildings and they are asking for 20 feet and stated this is being done pursuant to LDR
Section 2.4.7.
Mayor Glickstein stated the project is an asset for that area; however, in
the staff report regarding the internal adjustment "it defies the intent of the code to
provide adequate area for air and light circulation with a townhouse development."
Mayor Glickstein expressed concern over the ability for staff to differentiate when the
next applicant feels that they are entitled to an internal adjustment less than what the City
is requiring. Mr. McDonnell stated the same design was shown to the Planning and
Zoning Board, then it went to the City Commission, and then it went to SPRAB. He
stated the way the City's process works is that it is not until it gets to SPRAB that there is
any heavy weight given to the waiver of internal adjustment requests; SPRAB makes the
recommendation to the City Commission. Mr. McDonnell stated these are looked at on a
case -by -case basis.
Mrs. Petrolia asked if there is any exit or entrance from Bond Way and
stated it appears that it is only going to affect 7h and Federal as far as egress /ingress. In
response, Mr. McDonnell stated when you leave St. George and go north on Federal
Highway you have to go up to le (red light) and make a U -turn to go south on Federal
Highway or another route to get out of St. George would be to go north and go east on
Bond over to St' (where Ms. Kaysen lives but she does not want the additional traffic)
and then go to George Bush Boulevard to Federal Highway. Mrs. Petrolia asked if the
exit off 7t' helps eliminate that issue because it appears to be the quickest way. Mr.
McDonnell stated this would be the quickest way.
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Mr. Frankel had no comments.
Mrs. Gray inquired about the waiver for the separation and asked what
other projects the city has granted the waiver for. Mr. Jones stated he believes some
internal adjustments on some townhouse projects have been granted in the past and some
of these have separations that are less than 20 feet. Mr. Jones stated they are bringing a
tremendous amount of off -site improvements to N.E. 7f Avenue (i.e. sidewalks, street
lighting, landscaping) and the benefits of those improvements could outweigh the five (5)
foot additional separation although feels it should be looked at a case -by -case basis.
Mr. Jacquet stated 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 the
following points should be considered: (a) shall not adversely affect the neighborhood
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. Mr. Jacquet stated people coming out of the project across
Federal Highway to turn south would be disastrous as opposed to a right only in which
case you could make a U -turn. He stated if people try to o south he agrees it will one of
two ways; either Federal Highway with a U -turn on 14 or out on 7th and go south to
George Bush. Mr. Jacquet stated he does not feel it is likely that people will go north on
Federal Highway and east on Bond Way and then back south. Mr. Jacquet stated he
supports this item.
Mayor Glickstein pointed out that the Board Order should read a 20 -foot
separation between two -story townhouse units #2 and 44 and two -story townhouse units
#3 and #5 versus a 15 -foot separation.
The Interim City Attorney briefly reviewed the Board Order with the
Commission who made findings according to their consensus (attached hereto is a copy
and made an official part of the minutes).
Mr. Frankel moved to approve the Board Order as presented, 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 7:47 p.m., the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
10. PUBLIC HEARINGS:
10.A. RESOLUTION NO. 07- 141CONTRACT FOR SALE AND
PURCHASE: 808 S.W. 3jf COURT: Consider approval of Resolution No. 07 -14, a
contract for sale and purchase, to donate Neighborhood Stabilization Property (NSP)
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property located at 808 SW 3rd Court to the Delray Beach Community Land Trust, Inc.,
(DBCLT) for the benefit and rental to a household at or below 50% Area Median Income
(AMI) as determined by HUD.
The caption of Resolution No. 07 -14 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA,
AUTHORIZING THE CITY TO TRANSFER REAL
PROPERTY IN PALM BEACH COUNTY, FLORIDA,
AS DESCRIBED HEREIN, HEREBY INCORPORATING
AND ACCEPTING THE CONTRACT STATING THE
TERMS AND CONDITIONS FOR THE SALE AND
PURCHASE BETWEEN THE BUYER AND THE CITY
OF DELRAY BEACH, FLORIDA.
(The official copy of Resolution No. 07 -14 is on file in the City Clerk's
office.)
Nigel Roberts, Neighborhood Services Administrator, stated staff requests
City Commission approval to donate Neighborhood Stabilization Property located at 808
S.W. 3rd Court, Delray Beach, FL 33444 to the Delray Community Land Trust, Inc.
(DBCLT) for the benefit and rental of the unit to a household at or below 50% of the
Area Median Income (AMI) as determined by HUD. Mr. Roberts stated this property has
been donated to the DBCLT in the amount of $10.00.
Mayor Glickstein declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Resolution No. 7 -14,
the public hearing was closed.
Mr. Frankel moved to approve Resolution No. 07 -14, 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.
At this point, the time being 7:49 p.m., the Commission moved back to
Item 9.C. of the Regular Agenda.
9.C. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD
(SPRAB) ACTIONS /ST. GEORGE: Consider a private appeal of the Site Plan Review
and Appearance Board's action for St. George located at 1023 North Federal Highway.
(Quasi - Judicial Hearing)
Mayor Glickstein asked the Commission to disclose their ex parte
communications. Mr. Frankel stated these are the same as disclosed for Item 9.D., Mrs.
Gray stated she has the same as disclosed for Item 9.D., Mayor Glickstein stated he had
no ex parte communications to disclose. Mrs. Petrolia had no ex parte communications
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to disclose. Mr. Jacquet stated he had the same ex parte communications for Item 9.D.
The City Clerk swore in those individuals who wished to give testimony
on this item and all subsequent Quasi - Judicial items.
For clarification, the Interim City Attorney stated the statements disclosed
what the Commission is referring to when the conditional use approval came before the
Commission.
Mark McDonnell, Interim Planning and Zoning Director, entered the
Planning and Zoning Department project file 42014 -010 into the record stated his
presentation stands from Item 9.D.
At this point, Ms. Carmen Ann Sanchez (the appellant) came forward to
speak.
Carmen Ann Sanchez, 911 N.E. 7th Avenue, Delray Beach, FL 33483,
gave a brief PowerPoint presentation and stated she lives at the dead -end that is being
proposed to open. She stated she moved to this location because she felt it would be safe
for the situation that she has. Ms. Sanchez stated she takes care of Lawrence Hyman
(who is mentally and physically disabled), and her daughter. She stated her daughter
attends Plumosa School of the Arts and the school is lacking a bus shelter. Ms. Sanchez
asked what school zone will the children will be zoned for the St. George development.
Ms. Sanchez expressed concern over the safety for herself, Mr. Hyman, and her daughter.
Ms. Sanchez asked for information on how this parcel was approved for six (6) units per
acre and stated this is supposed to be a green project and suggested that this be a
children's park or Dog Park versus what is being proposed. Ms. Sanchez stated the
developer is putting the park on Federal Highway and feels this is not a good place for a
park. Ms. Sanchez stated there is an opening on Bond Way and if you walk the field of
7t" Avenue that is proposed to be open and walk to the other side it is open. She asked
for all the arteries to be open so that one street does not get the entire impact. Ms.
Sanchez stated she has no privacy and expressed concern that only one (1) sidewalk is
being proposed and there is no round -about and people use her driveway to turn around
and thus there will be an increase in traffic on 7th Avenue.
Richard Jones, Richard Janes Architecture, In_c., 10 S.E. Vt Avenue,
Ste. "A ", Delray Beach, FL 33444, stated this is the fourth meeting where Ms. Sanchez
has spoken and the developer has met with Ms. Sanchez approximately five times to
discuss the improvements that he would like to make to 7th Avenue. Mr. Jones stated Ms.
Sanchez expressed concern over safety and he explained that they are proposing two (2)
new sidewalks on N.E. 7th Avenue, street lighting, paving, landscaping, and signage to
enhance the safety concerns Ms. Sanchez, Mr. Hyman who she cares for, and her
daughter. Mr. Jones stated this is a considerable expense to the developer to make these
improvements. Mr. Jones stated the parcel that is considered RM (Medium Density
Residential) which is adjacent to Ms. Sanchez's home has an approval for six (6) units to
be part of the Martel Arms two -story building. Mr. Jones stated the density for RM could
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fit three units with the current zoning and they are only proposing two so a reduction
from six units to two units to reduce the impact to the property to the south. In addition,
Mr. Jones stated there are additional setbacks being put on it; the minimum setback is 15
feet on the property line and they are providing 20 feet 10 inches (an additional six feet of
relief). Mr. Jones stated there will be an additional six feet relief on Ms. Sanchez's
property and there will be no wall that says St. George, no connection to Bond Way, and
there will be no removal of any landscaping that is on Ms. Sanchez's property (the
landscaping will remain in addition to additional landscaping that the SPRAB requested
the developer provide to enhance the screening). Mr. Jones stated another feature the
developer will provide along 7"' Avenue is a safe well -lit sidewalk for individuals to walk
on so they do not walk or ride in the public right -of -way. Mr. Jones stated this project is
going to be an asset to the community and the cottages on 7d' Avenue will see an increase
in property values due to the proposed project.
Mayor Glickstein stated if anyone from the public would like to speak in
favor or in opposition of the appeal, to please come forward at this time.
Peter Humanik, 704 N.E. 5th Street, Delray Beach, FL 33483,
referenced all the comments he made about protecting people and why variances are
done. Mr. Humanik asked what is this worth and what are we getting in dollars.
Kelly Easton, 1010 N.E. 81h Avenue, Delray Beach, FL (16 year
resident of Delray Beach and served on the Board for over 8 years; Martel Arms
Condominium Association is directly ad'acent to the land that will be developed as
St. George), speaking on behalf of herself, the condominium community, and the many
people who signed petitions in support of St. George with the exit on N.E. 7th Avenue
that were submitted on previous hearings. Ms. Easton supports the St. George
development and she read a brief statement into the record. She stated the site
plans /renderings were presented to their Board. One previous owner of that small parcel
of land was going to put sober house in there. She stated 8`h Avenue is routinely used as
a cut - through by people coming from the beach, church, or downtown especially after the
bridge has gone down who are avoiding the light at George Bush Boulevard. Ms. Easton
stated increasing the traffic on 8th Avenue would be problematic because it would
endanger a great number of families on Bond Way and 8th Avenue. Ms. Easton stated
she does not feel 7th Avenue will become less safe given the improvements that will be
implemented by the developer such as the proper lighting, five foot sidewalks, speed
control humps and a gated exit.
There being no one else from the public who wished to address the
Commission, the public hearing was closed.
Mark McDonnell stated he had no cross - examination.
Ms. Sanchez stated in the Planning and Zoning staff report dated July
15th, they were opposed to opening N.E. 7th Avenue stating that there was not enough
room, stacking, etc. and that the Fire Department checked it out and said it was fine and if
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it was not open they could still maneuver around. Ms. Sanchez asked why staff was
originally against opening N.E. 7th Avenue but now they support opening N.E. 7th
Avenue. Ms. Sanchez stated with regard to the Estuary why is there not going to be a
round -about so that her driveway will not be used for people to pull in and out of.
Mr. Jones stated he had no cross - examination.
Mr. McDonnell stated when staff originally reviewed this they objected to
the opening of N.E. 7th Avenue into this development because they felt that the access on
Federal Highway would have been sufficient. Mr. McDonnell stated the Planning and
Zoning Board recommended that N.E. 7th Avenue be open and then it moved forward to
the City Commission where the conditional use was approved. Mr. McDonnell reiterated
that staff objected to the opening of N.E. 7th Avenue from the start of this.
Mr. Jones stated at the time Paul Dorling, Director of Planning and
Zoning, objected to the opening of the connection on N.E. 7th Avenue and his
justification was because it was originally proposed as a two -way access and they would
be getting all the benefits but that there would be no benefits for the residents along N.E.
7`h Avenue. Mr. Jones stated in working with staff they decided to change that from a
two -way access to an "exit only" along with all the additional improvements that were
added. With regard to the round -about at The Estuary, Mr. Jones stated there is an
existing condition with a 50 foot right -of -way at the end of the street and this will be a
barrier for cars to go through; they plan ample signage close to George Bush Boulevard
that this is not a through street and they will provide traffic calming as well. Mr. Jones
stated currently on occasion if a car drives down this street they have to maneuver in the
right -a -way and the street is very dark so with the signage, street lighting, traffic calming,
and landscaping they are hoping to improve an existing condition.
Mr. Frankel asked for clarification regarding the three (3) elements with
regard to the appeal. Mr. Frankel stated he appreciates Ms. Sanchez for speaking this
evening but he has to base his decision on whether Ms. Sanchez was provided due
process, made her arguments, cross - examined and believes that SPRAB decision was
based on substantial competent evidence and believes the Board made their decision prior
on that. He stated he is sympathetic to Ms. Sanchez but he does not feel that there was
enough that was presented that would allow him to overturn a decision made by SPRAB.
Mr. Frankel stated he does not support the appeal of SPRAB's action for St. George
development.
Mr. Jacquet stated based on the information provided he feels SPRAB had
enough information to make their decision which was properly made. Mr. Jacquet stated
he does not feel there is substantial evidence to overturn that decision. He stated notice
was given, there is not substantial evidence to overturn SPRAB's decision and feels the
decision that SPRAB took should stand. Mr. Jacquet stated he hopes that Ms. Sanchez's
fears will be calmed when this project is built and hopes she will see a beautiful product,
a safer, well-lit, and well- manicured landscaping around the area. Mr. Jacquet stated
based on the criteria that the Commission is provided with to consider he believes
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SPRAB's decision should stand.
The Interim City Attorney briefly reviewed the Board Order with the
Commission who made findings according to their consensus (attached hereto is a copy
and made an official part of the minutes).
Mr. Frankel moved to DENY the appeal (upholds SPRAB's decision),
seconded by Mrs. Gray. 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 to DENYthe appeal was passed with a 5 to 0 vote.
9.E. WAIVER REQUESTS/290 S.E. 2" AVENUE: Consider waivers to
Land Development Regulations (LDR) Section 4.6.9(D)(2), "Provisions for Ingress and
Egress ", regarding back -out parking spaces and Land Development Regulations (LDR)
Section 4.4.28 (H)(1) regarding the location of overhead doors for 290 S.E. 2nd Avenue.
(Quasi- Judicial Hearing)
Mayor Glickstein asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose.
Mark McDonnell, AICP, Interim Director of Planning and Zoning, entered
the Planning and Zoning Department project file #2014 -017 into the record.
Mr. McDonnell stated this item is the consideration of two waivers
associated with a Class III site plan modification for the 290 S.E. 2nd Avenue Warehouse
Building project. Mr. McDonnell stated the Class III is to renovate the interior and
exterior of the existing building and create three (3) enclosed parking spaces and an area
for a private arts studio none of which will be opened to the public. He stated the first
waiver is to allow the overhead doors to face a public right -of -way and the second is to
allow back -out parking onto a public right-of-way in a backward manner. Staff supports
both waivers.
There being no one from the public who wished to address the
Commission regarding the waiver requests, the public hearing was closed.
For clarification, Mayor Glickstein stated he wants to make sure that there
is no use requirement associated with what the Commission is approving tonight.
Mr. Jacquet asked if there is any work going on in that building right now.
Mr. McDonnell stated he sees occasional activity but he does not see anybody going in
and out of the building. Mr. Jacquet asked if this is giving approval to do the work. Mr.
McDonnell stated this is approval to do the work and sometimes before a site plan is
approved and certified the Building Department will issue an interior change. In the
future, Mr. Jacquet stated he would like to see the applicant(s) referenced on the front
page of the City Commission memorandum versus the first page of the SPRAB Report.
Mr. McDonnell stated the applicants are Roger Cope and Mark Ford which is referenced
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on the first page of the SPRAB memorandum staff report.
Mr. Jacquet stated traffic is going to be a major concern for that area in the
next 2 -3 years and asked if staff is considering that or are they just being moved forward
and when the traffic concerns come then it is addressed. Mr. McDonnell stated he agrees
that there will be additional traffic once those units come on line. Mr. McDonnell stated
as vehicles are coming southbound there will be clear visibility of traffic coming south
and as they approach the curve they will need to slow down. Staff did not feel even with
an increase in traffic that this would create an unsafe situation. Mr. Jacquet stated he
disagrees with staff.
The Interim City Attorney briefly reviewed the Board Order with the
Commission who made findings according to their consensus (attached hereto is a copy
and made an official part of the minutes).
Mr. Frankel moved to adopt the Board Order as presented, seconded by
Mrs. Petrolia. 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.
At this point, Mr. Frankel requested that the Interim City Attorney only
read only what is essential versus reading into the record the entire Board Order word per
word.
9.F. WAIVER REQUESTII30 S.E. 7TH AVENUE: Consider a waiver Land
Development Regulations (LDR) Section 4.6.14, "Sight Visibility ", to reduce the sight
visibility triangle from 10'x10' to 10'x4' for 130 S.E. 7' Avenue. (Quasi - Judicial
Hearing)
Mayor Glickstein asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose.
Mark McDonnell, AICP, Interim Director of Planning and Zoning, entered
the Planning and Zoning Department project file #2014 -037 into the record.
Mr. McDonnell stated this item is for a waiver request for the
redevelopment of this property at 130 S.E. 7"' Avenue in the Marina Historic District. He
stated there is an existing structure which was considerably damaged during Hurricane
Wilma. The house is a two -story home and with the City's historic guidelines the
dwelling needs to be moved further back away from the street and because of that the
swimming pool will be in the front yard and there is a very shallow area in the backyard
for this new development. On December 18, 2013, the Historic Preservation Board
(HPB) approved the COA for new construction; there is a six (6) foot concrete wall on
the rear property line and they also supported the waiver necessary to put the wall at that
location. Mr. McDonnell stated when it does come in to develop they will have to put a
wall or hedge along the east side; the back of the property is currently wide open so for
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security and privacy reasons they would like to put the wall where they are proposing it.
The six (b) foot wall is proposed to be set two (2) feet from the rear property line and
would be required to be set back further. Mr. McDonnell stated alleys typically receive
less local traffic and not through traffic the speed of the traffic is greatly reduced and
there is a wider driveway which will allow for greater visibility as you leave the
driveway. He stated they will add a convex mirror so that you can see oncoming traffic
from the back of the driveway. Mr. McDonnell stated as a result of complying with the
Historic District guidelines they have to push the dwelling back. Staff recommends
approval of the waiver.
Francisco Perez -Azua, Architect, briefly discussed the project and stated
the Historic Preservation Board (HPB) is very excited about the house and they are
looking forward to improve the property.
Mr. Frankel stated he noticed with this item as well as the other items
tonight there has been a lot more photo evidence entered and feels it has been very
helpful.
Mrs. Gray stated staff is comfortable with reducing the sight visibility
triangle to 4'x 4' versus the 10' x 10'..
Mr. Jacquet expressed concern over staff supporting reducing the sight
visibility triangle to less than 50 %. He stated there are other corners in the city where
sight visibility is atrocious. Mr. Jacquet stated there are many areas when approaching a
stop sign you cannot see traffic coming and going. Mr. Jacquet stated this waiver request
is appropriate based on where the home is situated and suggested that other waiver
requests that may come up and the city needs to keep a watchful eye.
The Interim 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 approve the Board Order as presented, seconded by
Mr. Frankel. 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.G. WAIVER REQUEST/214 NORTH SWINTON AVENUE: Consider a
waiver to Land Development Regulations (LDR) Section 4.1.4(C), "Use of Lots of
Record ", to allow development on two (2) non - conforming lots of record that are under
the same ownership for the property located at 214 North Swinton Avenue. (Quasi -
Judicial Hearing)
Mayor Glickstein asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose.
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Mark McDonnell, AICP, Director of Planning and Zoning, entered the
Planning and Zoning Department project file 42014 -062.
Mr. McDonnell stated these are two existing lots of record that are
currently non - conforming in the Old School Square Historic Arts District ( OSSHAD)
Historic District. Mr. McDonnell stated the two lots are joined via Unity of Title and the
applicant proposes to demo the rear portion of the house (non - contributing) lots of record
and they need the waiver support in order to do that. Mr. McDonnell stated this is a
waiver from LDR Section 4.1.4(C) to develop the two non - conforming lots of record
which currently comprise the property at 214 North Swinton Avenue. The property
consists of Lots 9 and 10, Block 58 of the Metcalf s Subdivision. A circa 1920, Frame
Vernacular single- family residence is centrally located on the property and is classified as
contributing to the historic district. A detached garage is located to the northwest corner
of the property. Mr. McDonnell stated the home has been vacant for several years and the
owner would like to move the house north and build a new house to the south. He stated
in consideration Lot 9 and 10 individually measure 50' wide by 131' deep with a lot area
of 6,550 square feet; the OSSHAD development standards require a minimum frontage of
80' and a minimum lot area of 8,000 square feet. Staff recommends approval of the
waiver.
At its meeting of January 15, 2014, the Historic Preservation Board (HPB)
reviewed this and the Board recommended approval of the waiver.
Francisco Perez -Azua, Architect, briefly discussed the project and stated
what is more in character with Swinton Avenue is the narrower homes.
Mrs. Gray clarified with Mr. McDonnell that the home is contributing to
the historic designation.
Mrs. Petrolia asked what is going to be put up there on the newer property
and she wants to make sure that it will have the same feel; not something that is futuristic.
Mr. Perez -Azua stated once this is approved they will have to present the COA's to HPB.
The Interim City Attorney briefly reviewed the Board Order with the
Commission who made findings according to their consensus (attached hereto is a copy
and made an official part of the minutes).
Mr. Frankel moved to adopt the Board Order as presented, 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.
9.H. FINAL SUBDIVISION PLAT APPROVAL /THE GROVE AT LAKE
IDA: Consider approval of a final plat for a seven (7) lot single family subdivision being
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platted as The Grove at Lake Ida located at the intersection of Grove Way, N.W. 3`d
Avenue and N. W. 12th Street. (Quasi- Judicial Hearing)
Mayor Glickstein asked the Commission to disclose their ex parte
communications.
Mr. Frankel stated he spoke with the applicant, met with Mr. Jeff Cohen
and Sam Knobler and spoke with Jessica Hinners. Mrs. Gray stated she spoke with the
applicant and Joann Peart and received emails. In addition, Mrs. Gray stated she has
received several emails. Mrs. Petrolia stated she received emails as well and no formal
conversations about this with the exception of Esther Naidoo (party status). Mr. Jacquet
stated he has driven by the site and have looked at the homes adjacent to the property and
the property itself. Mayor Glickstein stated he has met with Mr. Knobler, Mr. Adams, he
spoke to Mr. Ellingsworth, met with the applicant's lawyer and Interim City Attorney,
and numerous emails as like the rest of the Commission which are on the City's server.
At this point, Mayor Glickstein briefly discussed the party status requests.
Mrs. Petrolia moved to approve party status for Esther Naidoo, Lewis V.
Smith, and Alain B. Boyer, 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.
Mayor Glickstein stated the City has received two requests for extension
of time; he noted that under the City's Quasi - Judicial Rules staff, applicant, and parties
have ten minutes for their presentation and the City Commission at its discretion extend
the time for presentations if so required. The applicant has requested one hour; the
parties have each requested 25 minutes; staff has not requested additional time. Mayor
Glickstein stated regarding the applicant and party request he noted this Commission
granted the Atlantic Crossing applicant 15 minutes which is what was requested for a far
more complex project; this Commission has not allowed more than 20 minutes for any
Quasi- Judicial Hearing. Mayor Glickstein stated he feels 15 minutes is adequate for both
applicant and each party; however, it is Commission discretion.
Mr. Frankel moved to approve to extend the request from 10 minutes to 15
minutes and that it apply to both the applicant and the parties, 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.
Beth -Ann Krimsky, 100 West Cypress Creek Road, Fort Lauderdale,
FL 33301 (Attorney with Greenspoon Marder), speaking on behalf of the applicant
202 Grove LLC including manv of the experts who will speak this evening to seek
approval of the final plat, stated the requirements to obtain plat approval must be
objective criteria under the applicable law. Ms. Krimsky commented about a case called
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Broward County vs. Narco Realty, Inc. and read a brief statement into the record. Ms.
Krimsky stated this plat has met the objective criteria in the City's Code and in the
Comprehensive Plan and noted that there are some factors in the Comprehensive Plan
that are not appropriate for plat approval but they meet them. Ms. Krimsky provided the
Commission with binders and letters for the record.
Ms. Krimsy asked questions of the following witnesses:
Paul Engle stated he has been Surveyor for 25 years; 16 of those as a
Registered Land Surveyor. Ms. Krimsy briefly questioned Mr. Engle.
Joe Pike stated he is Professional Engineer and Licensed in the State of
Florida and is head of Enviro Design Associates. Ms. Krimsy briefly questioned Mr.
Pike.
Richard Jones stated he is the Architect for the project and is responsible
for the overall design of the seven (7) homes. Ms. Krimsy briefly questioned Mr. Jones.
Mr. Alan Tinter stated he has been a Licensed Registered Traffic Engineer
for 35 years. Ms. Krimsy briefly questioned Mr. Tinter.
At this point, Mayor Glickstein stated since Mr. Tinter's time to speak has
expired, it is the Commission discretion to allow this witness to continue if the parties
request the same additional time. The Commission allowed the witness to conclude.
The following individuals gave party status presentations:
Esther Naidoo, 215 _ Grov_e Way, Delray Beach, FL 33444 (Lake Ida
neighborhood), stated she is not against building but expressed concern over the
inconsistency of this proposed project with the character of the neighborhood. Ms.
Naidoo stated there are many '/4 acre lots most of them have small homes on them; some
of these being replaced by new or larger homes. She stated because of the diversity of
this neighborhood you will find many larger lots in R -1 -AA blocks that are on one - third,
half, or sometimes one acre. Ms. Naidoo stated these lots provide an abundance of green
space and privacy for the surrounding neighbors and this is what has created the attractive
old Florida feel in Lake Ida. Ms. Naidoo reiterated it is the larger lots they are concerned
about and stated when the Grove Way lot was re- platted into four (4) lots everyone felt
comfortable; however, at the end of 2013 she and her neighbors were surprised to hear
that an application for a seven (7) lot subdivision was submitted. Ms. Naidoo stated she
lives on the five street crossroads and all of the homes on that corner including hers will
be looking directly at this proposed project and all of these homes are on one -third acre
lots or larger. Ms. Naidoo stated if the proposed project is approved it would set a
precedent for what is to come ahead in the near future for the neighborhood. She stated
this project is not consistent with the character of this neighborhood and urged the
Commission to ask the developer to re- submit his plans for the original subdivision of
four (4) lots.
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Wes Blackman, Certified Urban Planner, CWB Associates, gave a
brief PowerPoint presentation regarding the project. Mr. Blackman displayed a location
map prepared by Delray Beach City staff showing the northwest and northeast sections of
Delray Beach. Mr. Blackman stated there is no property or street configuration that is
similar to the property being discussed this evening. He also displayed a zoning map and
stated the area surrounding the property is generally zoned R -1 -AA but there are portions
that are zoned R -1 -AAA. Mr. Blackman stated the R -1 -AAA is a large lot subdivision
that has a minimum lot size of 12,500 square feet and the R -1 -AA has a minimum lot size
of 9,500 square feet. He briefly discussed the Lake Ida Overlay which is a series of
design standards to prevent large houses overwhelming city lots and the developer is
maintaining that they can meet those standards. Ms. Blackman made reference to the
original plat from 1947 which shows the subject property; most of the original lots of this
plat were just short of 113 acre or 13,400 square feet and those are the three blocks and
fourth blocks surrounding the subject property. He stated an average lot size with five (5)
lots equals 15,500 square feet which is greater than the existing zoning of R -1 -AA but is
more in common with the surrounding area and the lot configuration. Mr. Blackman
stated Lake Ida now is proposed at seven (7) lots and the average lot size is 11,065 square
feet and the median lot size is 10,978 square feet. Mr. Blackman stated it does meet the
requirements of the R -1 -AA zone; however, in his analysis the area is more built as an R-
1 -AAA subdivision. Mr. Blackman made reference to Goal Area "A" of the
Comprehensive Plan and stated it is one of the requirements that the City Commission
needs to find to approve this plat which calls for preservation and maintenance of stable
neighborhoods. Mr. Blackman stated he would argue that the neighbors in Lake Ida
tonight have a stable neighborhood and would like to keep it that way. Mr. Blackman
also referenced Policy A -2.3.
Louis V. Smith & Mr. Alain Boyer, 220 N.W. 12th Street, Delray
Beach, FL 33444 Lake Ida Neighborhood lives directly S.W. to the lot in question),
briefly spoke about the lot sizes and their consistency. Mr. Smith urged the Commission
to deny the application for replatting of this property to maintain the present allowance of
four (4) lots on this piece of land. He read into the record LDR Section 3.2.3(e).
Mayor Glickstein stated this meeting is now open to public comment
which is limited to three (3) minutes per person; six (6) minutes if the person represents
six (6) or more persons in attendance at the meeting who have yielded their time to a
representative speaker.
The following individuals from the public spoke:
John Davis, 502 N.W. 14th Street, Delray Beach, FL 33444
(Psychotherapist), stated he would like to see smart development that is consistent with
their neighborhood. Mr. Davis commented about an inspiring presentation hosted by
Mayor Glickstein at Old School Square where Urban Planner Victor Dover spoke about
Smart Street design in photos from communities around the world who with little
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02/04/14
resources had transformed their spaces into beautiful workable models of auto, bike, and
pedestrian- friendly thoroughfare. Mr. Davis urged the Commission to demand a better
plan that fits the neighborhood that everyone will be proud to be a part of.
Scott Schereschewsky, 1329 N.W. 3rd Avenue, Delray Beach, FL
33444, stated he walks across that intersection twice a day with his kids and their bicycles
and feels this is a dangerous place. Mr. Schereschewsky stated with regard to drainage it
is best managed through plants; trees, bushes absorb water out of the ground and keep it
from flooding. He stated at some point this drainage plan is going to ask for a pipe to run
down 12th Street from the development to Lake Ida; it is going to take all the water that is
being absorbed by the green land around the houses and exacerbate the flooding problem
of those homes around the lake. Mr. Schereschewsky urged the Commission to vote
against this project based on safety issues, and based on the fact that it is not positive
development for a neighborhood and it does not fit with the houses that are around this
specific area.
Lisa Nardo, 1127 N.W. 3rd Avenue, Delray Beach, FL 33444 (lives two
houses away from the affected area), stated her home has had considerable flooding
problems that exist today and she has been working with the City Engineer over the past
two years. Ms. Nardo stated she first contacted the City Engineer in 2011 and as a result
the City has put swales in this area to try and alleviate the flooding problems on N.W. 3rd
Avenue. She stated that has helped; however, there is still flooding in the area. Ms.
Nardo stated after the swale project was completed in 2013 she still had three flooding
occurrences where the water actually goes through her garage. Ms. Nardo urged the
Commission to ensure that the drainage situation is addressed and noted that Mr. Pike's
testimony tonight had to do with the drainage of that particular development plat not the
entire drainage area. Therefore, Ms. Nardo suggested that there be a more
comprehensive study performed.
Peter Goodridge, 1075 Hibiscus Lane, Delray Beach, FL 33444, urged
the Commission to deny the applicant's request to replat The Grove Project from four (4)
to seven (7) lots for the following reasons: (a) it is inconsistent and incompatible with the
Lake Ida neighborhood, (b) the additional traffic created by the addition
of this intersection of five (5) streets will be dangerous for the residents of the
surrounding neighborhood. Mr. Goodridge stated seven (7) lots is inconsistent and
incompatible because the adjacent homes in their neighborhood have much larger
average lot sizes, much more green space on the lots, and a variety of diverse
architectural styles. He stated the additional three (3) homes at this location and the
additional traffic flow they will create will be dangerous because this is an intersection of
five (5) streets. Mr. Goodridge stated developers want to build homes in the Lake Ida
neighborhood because it is a very desirable neighborhood because the lots are large, lots
of green space; the homes have variety of sizes, diversity of architectural styles and
character. He urged the Commission to not support approving the increase from four (4)
to seven (7) lots and will be a step in the wrong direction.
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Sheryl Tufts 1400 N.W. 4th Avenue Delray Beach FL 33444 corner
of 4th Avenue and 14th Street), urged the Commission to deny this final plat approval
from four (4) to seven (7) homes and stated one of the reasons she chose to live in Lake
Ida was because it had a voluntary property owners association with a minimal annual
cost, it is fun, and it is safe with the exception of this particular area. Ms. Tufts stated
part of this proposal is that a homeowners association be established for just these seven
(7) homes and in her opinion this would isolate the families that live there from their
neighbors. She stated the purpose of that HOA is to pay for this drainage system that
they are proposing. Ms. Tufts stated she understands a traffic study was done; however,
driving past this intersection is her most direct route out of the neighborhood but she
drives out of her way to avoid this area because she feels it is not safe, She stated there is
more traffic than what has been indicated and expressed concern over the drainage in an
area that already drains poorly. Ms. Tufts stated every picture of the home that the
developer showed the Commission was a two -story home but the neighborhood consists
of one -story homes.
At this point, Susan Edwards stated she would like to give her daughter
her three (3) minutes to speak.
Olivia Edwards, 33 N.W. 12th Street, Delray Beach, FL 33444 (east of
the nroiect), opposes the project at Grove Way and N.W. 12th Street in its current form
because she feels it is extremely dangerous, inconsistent, and not compatible with the
existing and surrounding development of the Lake Ida neighborhood. She expressed
concern over safety for families who ride their bicycles in the neighborhood and stated
her dad refers to the curve as "dead man's curve." She stated by increasing the number
of lots on such a small piece of land the accident risk will increase greatly and children
will not have the freedom that they deserve. Ms. Edwards stated as she prepares for her
driver's license she noted she in distress about her fellow teenage drivers with the narrow
roads and increasing amount of vehicles traveling about the five -way and the numerous
blind spots located throughout the neighborhood. She stated building seven (7) houses
will increase the traffic of residents who live and travel through roadway to reach their
destinations and new residents of these homes will also struggle with this. Ms. Edwards
urged the Commission to consider the safety of the children in the neighborhood.
Mike McConville, 308 N.W. 17th Street, Delray Beach,_ FL 33444,
supports the project and feels change is difficult for some people. Mr. McConville stated
there was an opportunity for the entire neighborhood to meet and work with the
developer. He stated "dead man's curve" is much safer since the landscaping has been
cleared down. Mr. McConville stated he is looking forward to the proposed sidewalks
and lighting. He believes this is a positive change and is consistent with the
neighborhood.
Mark Little, 308 N.W. 17th Street, Delray Beach, FL 33444 (37 year
resident ), stated the public has come out at the Planning and Zoning Board meeting and
here this evening in large numbers speaking against the re- platting of the property to
seven (7) lots. Mr. Little stated Appendix "A" Standards for Plat Action is a requirement
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for a Plat action to move forward and is not a condition of approval but it is a
requirement. Mr. Little stated the neighbors involved in this include engineers, attorneys,
industrial zoning specialist, former City of Delray Beach Commissioners, CRA
Commissioners, Planning and Zoning Board members and SPRAB members. He stated
many of these people have seen and understand how to review an application and staff
reports. Mr. Little stated the LDRs were written with a great deal of citizen input.
Doug Ayerst, .III N.W. 11th Street, DeIray Beach, FL 33444 (one block
south of the proposed development), read a brief statement into the record and stated
there is a provision in the Land Development Regulations (LDRs) to help the
Commission make their decision (Appendix "A" Section E). Mr. Ayerst stated this is in
the LDRs to allow this kind of a case to be heard on behalf of the residents. Mr. Ayerst
stated the majority of the residents are overwhelmingly against the proposed project
based on consistency and he urged the City Commission to deny the re- platting of this
application.
At this point, Mr. Talbot requested to speak a maximum six (6) minutes.
Mayor Glickstein stated the City's rules require that six (6) or more people in attendance
that are not going to speak can give their time if they wish then Mr. Talbot can speak for
a maximum of six (6) minutes. For the record, Mayor Glickstein stated more than twelve
(12) individuals will not speak.
Rett Talbot 515 N.W. 12th Street Delray Beach FL 33444 briefly
spoke about the historical aspect that is part of this application for replatting. Mr. Talbot
urged the Commission to make a motion to deny approval for The Grove at Lake Ida Plat
for lack of positive findings pursuant to LDR Section 3.1.1(C) — Consistency and finding
that the request does not meet criteria set forth in LDR Section 3.2.3 (Standards for Site
Plan and/or Plat Actions) being consistency with adjacent development as set forth in
Appendix "A" (Standards for Plat Actions in staff report November 18, 2013). Mr.
Talbot stated if the Commission fails to approve this motion as he suggests and the
Commission goes on to approve this application for re-platting, then he demands that the
Commission specifically state for the record their reasoning for why they find "the
beneficial aspects of the proposed project (hence compliance with some standards)
outweighs the negative impact of identified points of conflict. As stated in LDR Section
3.1.1(C), Mr. Talbot stated as constituents and neighbors present this evening they desire
their rights to have the City Commission defend their actions that would clearly be in
opposition of the City's LDRs.
Tracy Allerton 114 N.W. 12th Street Delray Beach FL 33444 a few
houses to the east of this project), opposes the project as currently proposed which she
believes to be dangerous and inconsistent with the esthetics and character of the
neighborhood. Ms. Allerton made reference to the site plan and stated these seven (7)
homes are not in keeping with properties that surround them where the homes are more
appropriately scaled to the lot size. With regard to traffic, Ms. Allerton stated as the
City's population increases the road capacity is not keeping pace and in some places it is
actually shrinking (i.e. Federal Highway). Ms. Allerton stated this trend is creating a
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nightmare of scenario of trying to navigate the streets which could end up driving people
away from Delray rather than attracting them. She expressed concern over the City's low
estimate of the number of trips per day that will be generated by these seven (7) new
homes. Ms. Allerton stated the development as proposed will noticeably impact the
traffic on her street which already sees numerous vehicles going in and out all day
particularly on the weekends when people go to the lake with their boats.
Pctcr Humanik 704 N.E. 5th Street Delray Beach FL 33483 stated
the residents object to the change and commented about the traffic study by the
developer. Mr. Humanik stated he is trying to understand how the Commission is going
to rationalize saying "no" to this project.
Jeffrev Cohen 425 N.W. 12th Street Delray Beach FL 33444 came to
Delray Beach to practice law), thanked the City Commission for listening to the public.
Mr. Cohen stated he and his neighbors oppose the project because they do not believe it
is consistent. He stated unlike developers and realtors who come to the area invest a year
of their lives and then they leave and leave what they have built which is fine as long as it
fits. Mr. Cohen stated he wants to stay and live in an area that they like and keep it an
area that they like so much; they are not against development but they want it to be
consistent and this project is not.
Louise Stebbins 102 Grove Way, Delray Beach FL 33444 two houses
to the east of the proposed development, lived in her house for 35 ears stated
despite her age, the consistency of young and old and those residents that have been there
forever, there is a desire to appreciate change when it makes sense. However, Ms.
Stebbins suggested that everyone rethink this project.
Lynnette Rosenberg, 122 N.W. 12th Street, Delray Beach, FL 33444
(directly across the street from the proposed project), commented about the individual
who spoke in favor of the project and stated on 180, Street this really does not affect him
because he would not have to see these houses every day, or watch the traffic, or the daily
trips of possible 14 more cars on that street. Ms. Rosenberg stated nobody wants to sell
their homes but they care about keeping their homes and staying in the properties. She
expressed concern about the increased traffic and safety.
There being no one from the public who wished to give testimony on this
item, the public hearing was closed.
Mayor Glickstein stated at this time they will allow for cross - examination
which is limited to two (2) minutes per witness; cross - examination will follow the same
order as the presentation which will be staff followed by the applicant followed by those
granted party status. Mayor Glickstein asked if the applicant or parties have any
questions about the City's cross - examination procedures.
For the record, Beth -Arm Krimsky stated she objects to Mayor Glickstein
asking questions as opposed to her because she feels this does not give her an opportunity
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for true cross - examinations. However, Ms. Krimsky stated she has written out questions
that she has asked Mayor Glickstein to ask of the witnesses beginning with Mr.
Blackman, Mr. Smith, Ms. Naidoo. Ms. Krimsky stated she has a series of other
questions that she would like Mayor Glickstein to ask each of the people who spoke; they
can be asked as a group because she would like to know if any of these individuals are
registered engineers or traffic engineers. In addition, Ms. Krimsky stated she has one
sheet for drainage that she would like Mayor Glickstein to ask each of the individuals
who spoke. Mayor Glickstein stated it is his discretion whether or not to cross - examine
any layperson and that is not going to happen tonight; however, he stated they will ask
those questions to people who attain party status and staff.
The following individual gave a brief cross - examination:
Ms. Krimsky asked questions of Mr. Blackman and Mr. Smith.
At this point, Ms. Naidoo and Mr. Smith have the ability to cross - examine
either staff or the applicant. Ms. Naidoo and Mr. Smith had no cross - examination of
either staff or the applicant.
At this time, the following individuals gave brief rebuttals:
Randal Krejearek stated staff has no rebuttal at this time.
Ms. Krimsky gave a brief rebuttal and stated this is a plat not a rezoning.
She stated the experts are here because the Commission is to base their decision on
substantial competent evidence on a plat. She stated there are approximately 30
signatures /letters of the neighbors from this same neighborhood who support this project.
Ms. Krimsky stated there are very specific legal requirements for a plat and noted the
Commission must consider this under the law. She stated these requirements are all met
and feels there is no basis to turn down this plat.
At this point, the following appellants gave brief rebuttals:
Ms. Naidoo stated with regard to the comment expressed by Ms. Krimsky
regarding certain letters that were supposedly "pro" this project; it was a standard letter
that had to be sealed and sent to the real estate lady for the developer.
Lewis V. Smith stated the traffic volumes were taken on one day of a
week which is not representative in his planning experience in terms of reviewing traffic
impact. He stated under Appendix "E" - Technical comments the following comments
must be addressed prior to scheduling the plat for City Commission meeting. He asked
that staff address comments that were part of the staff report.
Alain B. Boyer stated the developer's attorney spoke about 30 letters that
were written and 27 of those letters are a form letter that other people have signed; there
are only 3 original letters in addition to that one. Mr. Boyer stated the City's Planning
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and Zoning Land Development Regulations set forth in Section 3.2.3(E) - "Development
of Vacant Land which is zoned for residential purposes shall be planned in a manner
which is consistent with adjacent development regardless of zoning designations." Mr.
Boyer stated the proposed project is not compatible and is inconsistent with what is
currently in the Lake Ida neighborhood.
At this point, the City Commission gave the following comments.
Mr. Jacquet had no comments.
Mrs. Petrolia asked the Interim City Attorney the difference between plat
vs. zoning and the inconsistency with development of vacant land. The Interim City
Attorney stated LDR Section 3.1.1(C) Consistency is part of the findings that the City
Commission has to make with regards to the application for plat approval and it is
attached as part of the Board Order (pg. 3). The Interim City Attorney stated it is
something that can be considered by the City Commission and has been consistently
considered by both the Planning and Zoning Board and instances when it comes before
the City Commission in a Quasi - Judicial fashion by the City Commission in looking at
plats. The applicant's attorney cited the case Broward County vs. Narco Realty, Inc. and
that case suggested that the Commission's decision cannot be arbitrary but that it has to
be based on specifics that are required of everybody and they cannot add conditions to
their findings. In this case, the Interim City Attorney stated these findings are the
findings that the City makes with regard to all plats.
Mrs. Gray stated her biggest concern was with the size of the lots and how
they are divided. She agrees with the residents and feels that staff needs to revisit the
Design Guidelines soon and believes it is time for staff to work with the neighborhood.
Mrs. Gray supports staff: s recommendation.
Mr. Frankel asked who was at the Planning and Zoning Board meeting of
November 16, 2013. Mr. Krejcarek stated he was not at this meeting; however, a
Planning and Zoning representative was there. Mr. McDonnell stated he was at the
November 16, 2013 Planning and Zoning Board meeting. Mr. Frankel asked staff why
the Planning and Zoning Board (voted 6 to 1 disagreeing) as well as staff's
recommendation disagreeing with them. Mr. Frankel asked why Mr. McDonnell would
approve and stated that the submitted plat meets the City Code. Mr. McDonnell stated
this is a single - family detached residential district and the city has a number of these. Mr.
McDonnell stated the suggestion that it has to be exactly compatible with an adjacent
zoning district would suggest that every single family residential zoning district
throughout the city is the same whether it be R -1 -A, R -1 -AA, R -1 -AAA, or R- 1 -AAAB.
He stated then you would have full conformity with anything that is across the street. Mr.
McDonnell stated this subdivision meets or exceeds the minimum requirements; so the
time that compatibility with adjacent zoning would be made is when the zoning is
established.
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Mr. Jacquet thanked everyone for attending this evening and thanked
Olivia Edwards a great presentation. Mr. Jacquet stated any time changes come it is
going to be difficult and he hopes that whatever decision the Commission makes is
something that the residents will be proud of in the future. Mr. Jacquet stated staff
overwhelmingly supports it; the Planning and Zoning Board supports it with a vote of b
to 1 and based on what the Commission is given and supposed to consider he cannot see
anyone using what they are given to say it does not meet the City's Code.
Mrs. Petrolia asked if she would be doing something illegal if she decides
to vote against this project for the purposes that it is not consistent in this area.
Mr. Jacquet stated based on the Interim City Attorney's opinion if a Court
decides to hear this on an appeal how does she feel it would go. The Interim City
Attorney stated it is speculative at this point in time.
Mayor Glickstein stated he appreciates what staff explained about zoning
districts; however, the reason the City has different zoning districts is that there is a
premium paid for different districts. Mayor Glickstein stated Commissioner Jacquet
commented earlier about how helpful it was when staff showed lot sizes on a previous
Board Order and feels it would have been helpful to do that again tonight because he
feels if you took the lots from Swinton Avenue to 3rd (south side of the proposed
developments) there are various average lot sizes. Mayor Glickstein stated in two
different zoning districts (i.e. R -1 -AA and R -1 -AAA) you have almost a double in size of
what is proposed here; in every instance you have substantially larger lots. He stated
when staff showed the presentation of Swinton Avenue and the subdivision they did not
show four (4) blocks east or west of that but instead they showed the immediate area.
Mayor Glickstein stated he feels that is the applicable standard not what is ten blocks
north of the proposed project. He stated there is significant inconsistency with what is
proposed here and what is all around this property. Mayor Glickstein stated it is harder to
get to that point where it is consistent because there are a number of 75 foot lots in the
Lake Ida neighborhood. Mayor Glickstein stated when you look at what is adjacent to
this property how can someone conclude that this is consistent when a good part of what
is around this property is almost double the size of these lots and in every instance is
substantially larger than what is here. Mayor Glickstein stated he supports denial of this
application based on Objective A -1 of the Future Land Use Element of the
Comprehensive Plan Goal Area A "Land within the planning area shall be developed or
redeveloped to enhance the existing quality of life, compliment and be compatible with
the existing land use...." Mayor Glickstein stated it does not meet the intent of LDR
Section 3.2.3(E) "Development of vacant land which is zoned for residential purposes
shall be planned in a manner which is consistent with adjacent development.....regardless
of zoning designations." Mayor Glickstein also made reference to LDR Section 3.2.3(F)
"Vacant property shall be developed in a manner so that the future use and intensity are
complimentary to adjacent land uses." Mayor Glickstein stated it also does not meet LDR
Section 3.2.3(H) "The City shall consider the effect that the proposal will have on the
stability of nearby neighborhoods ..... if it is determined that a proposed development will
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result in degradation of any neighborhood, the project shall be modified accordingly or
denied."
Mrs. Gray moved to extend the meeting past 11:00 p.m., seconded by Mrs.
Petrolia. 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, Mayor Glickstein and Commissioner Petrolia
dissenting.
Mr. Jacquet stated the uniqueness of that piece of property stands out and
nowhere else on the map does it show anything similar to that. Mr. Jacquet stated it is
very unique in the way it is shaped and situated and feels this will make their community
more diverse. He stated in talking about N.W. 12'h and Grove Way and the unique piece
of property he does not find capability to be a hang up.
The Interim 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). The Interim City Attorney stated the required
findings for plat approval are attached to the Board Order as Exhibit "A "; should the plat
at Lake Ida be granted? For the record, the Commission voted as follows: Mr. Frankel —
Yes; Mrs. Gray — Yes; Mayor Glickstein —No; Mrs. Petrolia — No; Mr. Jacquet — Yes.
Mr. Jacquet moved to approve the Board Order, seconded by Mr. Frankel.
Upon roll call the Commission voted as follows: Mayor Glickstein — No; Mrs. Petrolia —
No; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a
3 to 2 vote, Mayor Glickstein and Commissioner Petrolia dissenting.
9.H.H. SERVICE AUTHORIZATION NO. 12- 07IKIMLEY -HORN AND
ASSOCIATES, INC.: Approve Service Authorization No. 12 -07 with Kimley -Horn and
Associates, Inc. in the amount of 47,433.00 for professional services for the East Atlantic
Avenue Median Project #14 -007 and the East Atlantic Avenue Pedestrian Improvements
Project #14 -008. The recommendation for award is in compliance with Ordinance No.
29 -13, Chapter 36 "Acquisition of Goods and Services and Disposal of City Property ",
Section 36.02, "Methods of Acquisition ", and (C), "Direct Acquisition Method ", (3)
"Professional Services ". Funding is available from 334 - 3162 -541 -61.15 (East Atlantic
Avenue Median Project) and 334 - 3162 -541 -63.11 (East Atlantic Avenue Pedestrian
Improvements Project).
Randal Krejcarek, Director of Environmental Services, stated this is a two -
part service authorization; one part has to do with the study of the median on East
Atlantic Avenue on the eastern end by A -1 -A which is one of the recommendations in the
Downtown Master Plan. Mr. Krejcarek stated the other part of this service authorization
has to do with the installation of actual crosswalks at the intersections o£ (1) East
Atlantic Avenue and Gleason Street, (2) East Atlantic Avenue and Venetian Drive, and
(3) East Atlantic Avenue and A -1 -A. The study of the median is approximately $9,900
and the rest is for the design and implementation of the crosswalks.
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Mr. Frankel stated the Commission received an email from Mr. Jim Smith,
Mr. Fran Marincola about community input from S.A.F.E., the B_P.O.A., and Seagate
and asked why we should move forward without hearing from those people first. Mr.
Krejcarek stated these people will be part of the process as the City moves forward.
Mrs. Petrolia inquired about details of the service authorization. Mr.
Krejcarek stated this service authorization is a design service authorization and it is
divided into two parts; the first part has to do with just a study to see if the City should
move forward with the median ($9,900) on East Atlantic Avenue from Andrews to east
A -1 -A per the Downtown Master Plan; and the remainder is the design and development
of construction documents and design plans for the crosswalks Venetian, Gleason Street,
and A -1 -A (signalized intersections).
Mayor Glickstein asked why this is coming forward now and suggested to
bring it forward at a Workshop meeting because it was part of the Downtown Master
Plan and let the stakeholders in that area weigh in on whether or not that plan still makes
sense.
Mr. Krejcarek stated when that part of East Atlantic Avenue was
reconstructed (199511996) each intersection had a brick paver circle put in it and no
crosswalks. He commented about emails over the years from S.A.F.E. suggesting that
the City provide crosswalks; staff agrees with S.A.F.E. Both projects are funded by the
CRA not the City; the CRA put money in to go ahead and start the crosswalks on that
part of East Atlantic Avenue. Mr. Krejcarek commented about the goals of the Master
Plan and part of one of the recommendations on East Atlantic Avenue had to do with
pedestrian safety and had to do with making the crossing easier for pedestrians and for
beautifying that section of East Atlantic Avenue.
Mayor Glickstein stated there are concerns from stakeholders (the BPOA
is present this evening) who was an active participate in that part of the Master Plan
asking for a time out for the part that relates to the median. Mayor Glickstein stated he
supports the construction documents for the crosswalks.
The City Manager suggested taking the median design portion out and
approve the crosswalks; and, if there is consensus on moving forward, that it come back
to the Commission. Mayor Glickstein and Commissioner Petrolia stated they will
support that. The City Manager stated this is funded by the CRA. Mr. Jacquet stated he
too supports moving forward with everything except for the median study.
Mr. Jacquet moved to approve to go forward with Item 9.H.H. (formerly
Item S.E.) minus the median study (49,940), seconded by Mrs. Petrolia. 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.
9_I. AMENDMENT NO. 1 TO THE AGREEMENT /OCEANSIDE
BEACH SERVICES. INC.: Consider approval of Amendment No. 1 to the Agreement
33
with Oceanside Beach Services, Inc. (RFP 2013 -48), for Beach Equipment Rental
Concession.
Terrill Pyburn, Interim City Attorney, stated this item is an amendment to
clarify the language with regards to the pieces of equipment on the beach as well as the
performance. Ms. Pyburn stated there were questions about these items and the contract
itself. Ms. Pyburn stated what was offered to Mr. Weiner (the contractor's attorney) was
that they would have until February 6, 2014 to place the equipment on the beach and the
pieces of equipment would be defined as groupings of no more than 250 pieces consisting
of. two (2) sand arm chairs with foot rests constructed of solid oak wood with brass
hardware, one (1) wooden table constructed of solid oak with brass hardware, two (2)
blue chair cushions, and one (1) blue umbrella made of sunbrella fabric. Ms. Pyburn
stated the 250 groupings came out of both an addendum to the agreement as well as some
correspondence between Mr. Weiner and Mr. Shutt as well as historically how this item
has been handled in the past. Ms. Pyburn stated Mr. Weiner came back with suggested
changes those being that the contractor's name would be uniformly stated on the
equipment and that the contractor would like to provide the first 100 groupings no later
than February 21, 2014 and the remaining 150 groupings by no later than March 21,
2014. Ms. Pyburn stated this item is before the Commission for direction on the basis of
the following two (2) options: (a) the City can move forward with Mr. Weiner's counter-
offer with regards to the amendment or (b) move forward with termination which is
provided according to the RFP section (RFP 2013 -48); however, in order to terminate the
contract Standard Form of Agreement Section 36.07(A)(1) of the City's Purchasing Code
it provides that the "Contracts approved by the City Commission may be terminated only
by the City Commission."
Mr. Frankel commented about why the Commission is commenting on
this again. Mr. Frankel expressed concern that there are so many important issues that
need to be addressed in the city such as overflowing garbage in front of Orange Leaf and
Kilwin's, homeless issue and people are constantly being confronted for money by
panhandlers, traffic, drug problems that have made national news, sober houses, the
resident who was mugged at 3:00 p.m. at Waigreens, City staff that has not received
raises, that Nigel Roberts is the latest senior staff member to leave the City in less than a
year (over ten) and a complaint was filed against Lula Butler with the Inspector General's
office instead of trying to work out an issue. Mr. Frankel read an email into the record
from Mr. Ken MacNamee to the vendor dated April 2, 2013. Mr. Frankel supports
working with Mr. Weiner and stated he is not in favor of terminating the contract.
Mrs. Gray stated she did not feel it was appropriate in the beginning to re-
bid a contract in the middle of a contract without just cause. However, Mrs. Gray stated
the City did and they won the bid and we have more money for the city which is the
reasons why the city sent it out for bid. Mrs. Gray stated the City needs to work with its
businesses to let people know that we are open for business and Delray Beach does honor
its contracts. Mrs. Gray supports Mr. Weiner's request and feels it is reasonable.
34
02/04/14
In her opinion, Mrs. Petrolia stated the Commission is hearing this matter
again is not because of what else is happening in the city but it has to do with this
particular contract. Mrs. Petrolia stated this vendor was awarded the contract and there
have been breaches upon breaches with the award of the contract for this vendor. She
stated the issue of 250 pieces of equipment is now 250 groupings of pieces which
opposes the RFP that was sent out; she feels if the City is going to agree to going forward
and allowing for anything different than what was written in the RFP and in this contract,
then the City has to extend it out to those people who might have bid had they known
historically 250 pieces really means groupings which means 1,000 pieces of equipment
on the beach. Mrs. Petrolia stated it is unfair for the Commission to make a decision for
anyone that changes the intent of the original RFP. Mrs. Petrolia stated this was sloppy
from the beginning and the only way she supports going forward with this contract is if
the City reaches out to all of those people who would have possibly bid this contract with
a 1,000 pieces of equipment then the City must go out to RFP. Mrs. Petrolia stated there
was no ambiguity and the former City Attorney made it clear to Mr. Weiner that it was
250 total pieces of equipment. Mrs. Petrolia stated she will only agree for allowing for
them to bring this equipment in on the 6th and go forward with staff s recommendation if
in fact the City reaches out and asks if there is anyone that would have bid this under
different circumstances. In her opinion, Mrs. Petrolia stated the City is changing the
integrity of the RFP.
Mr. Jacquet stated he disagrees with comments expressed by
Commissioner Petrolia. Mr. Jacquet stated he voted to send this out to bid and the City
received it back with $650,000 more dollars for the city. Mr. Jacquet supports moving
forward.
Brief discussion between Commissioner Petrolia and the Interim City
Attorney followed regarding whether everyone understood 250 total pieces of equipment
was actually groupings or sets. Mrs. Petrolia expressed concern that aside from the
vendor on the City's beach that has the historical perspective been able to identify that
250 total figure that was written in the RFP could mean anything but that (not including
the addendum). Mrs. Petrolia reiterated that she cannot imagine everybody out there
would have understood that this actually meant groupings or sets.
Mayor Glickstein concurred with comments expressed by Commissioner
Petrolia that everything we do should be about clarity and confidence but this was a
sloppy RFP process and stated some of the ambiguity could have been discerned at a
mandatory pre -bid conference. Mayor Glickstein stated a lot of the ambiguity in the RFP
was continued into a sloppy contract and he feels it continues to this day. Mayor
Glickstein stated there has been a monetary breach which was cured and the performance
breach does not exist but had it been done properly most contracts would have a
performance breach provision.
Mayor Glickstein stated he has asked staff numerous times specifically
what is the historical number we have had on the beach; he concurs with comments
expressed by Commissioner Petrolia about the faimess of this. Mayor Glickstein
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02/04/14
expressed frustration with the way this has been managed to date and stated despite all
the valid reasons expressed by Commissioner Petrolia he feels that the Commission needs
to get past this. With regard to the lettering, Mayor Glickstein stated it should be small,
tasteful, and uniform and he feels the vendor does not need to market a product on the
beach that he has an exclusive contract for. Mayor Glickstein stated he does not want to
see the addendum come back to the Commission.
Mayor Glickstein suggested that everything the Interim City Attorney
explained to him in his question to her about what else should be done to clarify the
ambiguities in the contract that those be included in the addendum. In addition, Mayor
Glickstein stated the things that have shown as Option 1 or 2 about the timing of delivery
and the uniform language is something that should be small and tasteful. Mayor
Glickstein stated if a policy decision is needed then she can bring the policy back to the
Commission; however, Mayor Glickstein reiterated that he does not feel the Commission
needs to weigh in on what that addendum looks like.
A majority of the City Commission gave direction to the Interim City
Attorney to handle the addendum and not bring back before the City Commission;
however, if a policy decision is needed then only a policy be brought before the
Commission.
For the record, Commissioner Petrolia stated in her opinion, this is in
violation of the City's RFP and she does not agree to it.
Mr. Jacquet moved to terminate the meeting, seconded by Mrs. Petrolia.
No roll call or vote was made.
Mrs. Petrolia moved to continue the meeting to consider Items 9.0., 9.S.,
and 9.U., seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr.
Jacquet No; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs.
Petrolia — Yes. Said motion passed with a 4 to 1 vote, Commissioner Jacquet dissenting.
9.J. INTERLOCAL AGREEMENT/PALM BEACH COUNTY
DROWNING PREVENTION COALITION (DPQ: Consider approval of an
Interlocal Agreement with Palm Beach County for payment of swimming lesson fees not
to exceed $50.00 per class for the Learn to Swim Program at Pompey Park through the
Drowning Prevention Coalition of Palm Beach County.
THIS ITEM HAS BEEN MOVED TO THE SPECIAL/WORKSHOP
MEETING OF FEBRUARY 11, 2014.
9.K, SERVICE AUTHORIZATION NO. 12401MATHEWS
CONSULTING, INC./D_ELRAY SHORES WATER MAIN: Consider approval of
Service Authorization No. 12 -10 with Mathews Consulting Inc. in the amount of
$74,943.00 for professional design services related to Phase H of the Delray Shores
Water Main Project. The recommendation for award is in compliance with Ordinance No.
29 -13, Chapter 36 "Acquisition of Goods and Services and Disposal of City Property",
36
02/04/14
Section 36.02, "Methods of Acquisition ", (C) "Direct Acquisition Method ", (3)
"Professional Services ". Funding is available from 442 - 5178 - 536 -68.93 (Water & Sewer
Renewal & Replacement Fund: Improvements Other /Delray Shores Water Main).
THIS ITEM HAS BEEN MOVED TO THE SPECIALIWORKSHOP
MEETING OF FEBRUARY 11, 2014.
9.L. SERVICE AUTHORIZATION NO. 12- 11/MATHEWS
CONSULTING, INC./TROPIC PALM WATER MAIN PROJECT: Consider
approval of Service Authorization No. 12 -11 with Mathews Consulting Inc. in the
amount of $72,746.00 for professional design services related to the Tropic Palms Water
Main Project. The recommendation for award is in compliance with Ordinance No. 29-
13, Chapter 36 "Acquisition of Goods and Services and Disposal of City Property ",
Section 36.02, "Methods of Acquisition", (C) "Direct Acquisition Method ", (3)
"Professional Services ". Funding is available from 442 -5178 -536 -68.97 (Water & Sewer
Renewal and Replacement Fund: Improvements Other /Tropic Palms Water Main Phase
1).
THIS ITEM HAS BEEN MOVED TO THE SPECIAL/WORKSHOP
MEETING OF FEBRUARY 11, 2014.
9.M. SERVICE AUTHORIZATION NO. 12 -03 /CALVIN, GIORDANO
AND ASSOCIATES, INC.: Consider approval of Service Authorization No. 12 -03 with
Calvin, Giordano and Associates, Inc., in the amount of $160,456.19 for professional
design services related to the N.E. 3rd Street Streetscape Project. The recommendation for
award is in compliance with Ordinance No. 29 -13, Chapter 36 "Acquisition of Goods and
Services and Disposal of City Property ", Section 36.02, "Methods of Acquisition ", (C)
"Direct Acquisition Method ", (3) "Professional Services ". Funding is available from
334 - 3162 - 541.68 -72 (General Construction Fund: Other Improvement/N.E. 3rd
Streetscape).
THIS ITEM HAS BEEN MOVED TO THE SPECIAL/WORKSHOP
MEETING OF FEBRUARY 11, 2014.
9.N. SERVICE AUTHORIZATION NO. 12- 04/WANTMAN GROUP,
INC.: Consider approval of Service Authorization No. 12 -04 with Wantman Group, Inc.
in the amount of $88,582.00 for professional design services related to the Block 8 Alley
(Project #14 -002), SW 10th/9th Avenue Improvements (Project #14 -023), and SW 2nd
Terrace (Project #14 -024). The recommendation for award is in compliance with
Ordinance No. 29 -13, Chapter 36 "Acquisition of Goods and Services and Disposal of
City Property ", Section 36.02, "Methods of Acquisition ", and (C) "Direct Acquisition
Method ", (3) Professional Services. Funding is available from multiple accounts.
THIS ITEM HAS BEEN MOVED TO THE SPECIAL/WORKSHOP
MEETING OF FEBRUARY 11, 2014.
37
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At this point, the time being 12:11 p.m., the Commission moved to Item
9.0.
9.0. PAYMENTS TO AIRGAS CARBONIC: Consider approval of
payments to Airgas Carbonic in the aggregate amount of $66,000.00 for purchases and
deliveries of CO2 for the Water Treatment Plant (WTP). The recommendation is in
compliance with Ordinance No. 29 -13, Chapter 36 "Acquisition of Goods and Services
and Disposal of City Property ", Section 36.02 (C) "Direct Acquisition Method ", (5)
"Emergency Acquisitions ". Funding is available from 441 -5122 -536 -52.21 (Water and
Sewer Fund: Operating Supplies /Chemicals).
Randal Krejcarek, Director of Environmental Services, stated he is present
for any questions the Commission may have.
Commissioner Petrolia stated this should have been bid well in advance.
Mr. Krejcarek stated this is a continuation of the current contract that the
City has and the City is going out to bid.
Mrs. Gray commented that this was caught in the middle of the changes to
the procurement ordinance and is the reason the Commission is discussing this.
Mrs. Gray moved to approve payments to Airgas Carbonic, seconded by
Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel -- Yes; Mrs.
Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — No; Mr. Jacquet — Yes. Said
motion passed with a 4 to 1 vote, Commissioner Petrolia dissenting.
At this point, the Commission amended the prior motion to include Item
9.V., Review of Offer of Settlement in Robert DeSisto v. City of Delray Beach.
Mrs. Gray moved to continue the meeting to consider Items 9.0., 9.S.,
and 9.U., and 9.V., seconded by Mr. Jacquet. 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.
BID AWARD/ LAWN WIZARD USA, INC.: Consider approval of a
bid award to Lawn Wizard USA, Inc. (Bid #2014 -13) in the amount of $31,829.80, the
third lowest bidder, to provide lawn maintenance to eighteen (18) storm water retention
areas and the improved water retention areas. This award is in compliance with
Ordinance No. 29 -13, Section 36.02, "Methods of Acquisition ", Subsection (A) (1),
"Sealed Competitive Method" Funding is available from 448 - 5416 - 53834 -90
(Stormwater Utility Fund: Other Contractual Services).
THIS ITEM HAS BEEN MOVED TO THE SPECIAL/WORKSHOP
MEETING OF FEBRUARY 11, 2014.
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9.R. FY 2014 PERFORMANCE MEASURES FOR THE TENNIS
FACILITIES LAKEVIEW GOLF COURSE AND THE MUNICIPAL GOLF
COURSE: Consider approval of proposed performance measures for FY14 for the
Municipal Golf Course, Lakeview Golf Course and the Tennis Facilities.
THIS ITEM HAS BEEN MOVED TO THE SPECIAL/WORKSHOP
MEETING OF FEBRUARY 11, 2014.
9.S. BID AWARD /ACCURATE EVENT SERVICES: Consider approval of
a bid award to Accurate Event Group (RFQ 42020), the second lowest bidder, in the
amount not to exceed $30,319.50 for private security services from February 10, 2014
through February 24, 2014 for the Champions/World Tour Tennis Tournament and
authorize staff to negotiate a lower price. The bid award is in compliance with Ordinance
No. 29 -13, Section 36.02(C)(4), "Specialty Goods and Services ". Funding is available
from 001- 4210 - 575 -55.40 (General Fund: Recreational Supplies /Tennis Tournament).
Robert A. Barcinski, Assistant City Manager, stated staff requests the
Commission to reject the bid which was the low bid A & A Associates for private
security services for the upcoming tennis tournament and approve the bid award to
Accurate Event Group, the second low bidder, in the amount not to exceed $30,319.50
for security services from February 10, 2014 through February 24, 2014 for the Delray
Open World Tour. Mr. Barcinski stated December 30, 2013, quotes were solicited to
provide these services. In reviewing the new purchasing ordinance, staff felt that it could
be bid out under Section 36.02(C)(4) "Specialty Goods and Services" due to the short
time frame of the security services requested. He stated there was concern that staff did
not have time to go through the entire formal bid process at that time for an RFP. Mr.
Barcinski stated he met with a Police Department representative, the management
company President, and the tournament director; nine (9) vendors were notified by email
and called. A follow up call was made to verify receipt of this quote. Two (2) vendors
indicated they could not provide services on these dates due to other commitments. He
stated the City received from five (5) firms on January 17, 2014 the bid summary. Mr.
Barcinski stated bidders were evaluated on their proposal to ensure all required quote
documents were submitted and they were evaluated on their experience levels with
similar type of events as well as past performance. Mr. Barcinski stated the reasons for
not accepting the low bidder are: (1) A & A did not include a copy of their license and
insurance, (2) past performance at the tournament they managed about three (3) years
ago; primarily lack of sufficient staffing to man posts, hiring additional staff during
tournament and assigning without proper training, and (3) lack of sufficient experience
with similar type events. Staff recommends the Commission reject the low bidder A & A
Associates and award the bid to Accurate Events Group. In past years, Mr. Barcinski
stated Accurate Events Group has also given the City a discount.
Mr. Frankel moved to approve the bid award to Accurate Events Group
for private security services and reject the low bid submitted by A & A Associates,
seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor
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02/04/14
Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray
— Yes. Said motion passed with a 5 to 0 vote.
At this point, the Commission amended the previous motion to include
Item 9.P., Amendment No. 2 to the Agreement/Dr. John Fletemeyer.
Mr. Frankel moved to amend the previous motion to include Item 9.P.,
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, Commissioner Jacquet dissenting.
9.P. AMENDMENT NO. 2 TO THE AGREEMENTIDR. JOHN
FLETEMEYER: Consider approval of Amendment No. 2 to the Agreement in the
amount of $61,725.00 with Dr. John Fletemeyer to perform special sea turtle monitoring
during the Army Corps of Engineers beach re- nourishment project ( #2012 -070). Funding
is available from 332 - 4164 -572 -99.01 (Beach Restoration Fund: Other Non -
Operating/Project Reserve).
Randal Krejcarek, Director of Environmental Services, stated this is an
amendment to an existing agreement with Dr. Fletemeyer to monitor during the Army
Corp of Engineers re- nourishment of the beach which begins later this month. Mr.
Krejcarek stated the turtle monitoring needs to begin by February 8, 2014; monitoring
also includes shore bird monitoring and light monitoring. He stated they have to do
hourly walks between 9:00 p.m. and 6:00 a.m. during the re- nourishment. Staff
recommends approval of the amendment.
Brief discussion followed between Mayor Glickstein and Mr. Krejcarek.
Mr. Frankel moved to approve Amendment No. 2 to the Agreement in the
amount of $61,725.00 with Dr. John Fletemeyer, 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.
9.V. REVIEW AN OFFER OF SETTLEMENT IN ROBERT DeSISTO v.
CITY OF DELRAY BEACH: Consider a Review in an Offer of Settlement in the total
amount of $150,000.00 in Robert DeSisto v. City of Delray Beach. Staff recommends
denial.
Terrill Pyburn, Interim City Attorney, stated this is an employment where
the City of Delray Beach went to trial for three (3) days in September 2013. The verdict
was $762,250.00 against the City of Delray Beach. The Interim City Attorney stated that
has since been reduced to the City's $100,000.00 cap and the City has filed an appeal.
Ms. Pyburn stated the City has hired outside counsel for the appeal and to date the cost
for outside counsel is $10,000. The Plaintiff has requested a settlement of the case for
$150,000.00 and has stated by doing so the City could avoid the appeal and any Federal
Court action which they plan on filing under the Rehabilitation Act. Ms. Pyburn stated it
40
02/04/14
is the City's position that any Federal Court action would be barred by res judicator.
Therefore, Ms. Pyburn stated the City Attorney's office and outside counsel recommend
denial of the Plaintiff s offer of settlement at this time.
Mr. Frankel moved to deny the Plaintiff's Offer of Settlement at this time,
seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel —
Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — No.
Said motion passed with a 4 to 1 vote, Commissioner Jacquet dissenting.
9.U. DISCUSSION /SECOND REGULAR CITY COMMISSION
MEETING IN FEBRUARY 2014: Discussion regarding the rescheduling of the
February 18, 2014 Regular Commission Meeting.
Robert A. Barcinski, Assistant City Manager, stated the primary reason for
requesting to move the City Commission meeting of February 18, 2014 is there is no
parking available because of the tennis tournament.
After brief discussion, it was the consensus of the Commission to
reschedule the regular City Commission meeting of February 18, 2014 to Monday,
February 24, 2014 and that the Planning and Zoning Board move their meeting to
Environmental Services and if that does not work they can use the large conference room.
Mr. Frankel moved to reschedule the regular City Commission meeting of
Tuesday, February 18, 2014 to Monday, February 24, 2014, seconded by Mrs. Petrolia.
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.
At this point, with regard to the Workshop meeting of February 11, 2014,
Mayor Glickstein stated the CRA Board members have requested an agenda otherwise it
will turn into what it has been historically according to them a talking session of what the
City Commission is doing and what the CRA is doing as opposed to an action item
agenda in terms of what everyone is looking to accomplish. Secondly, the CRA Board
has requested that the meeting be moved to the first floor conference room which is more
of a roundtable forum. Lastly, Mayor Glickstein stated all the items that the City
Commission did not get to discuss this evening be a special meeting on that Workshop.
Commissioner Jacquet stated for quite some time because for
approximately a year the City Commission has been holding all of their Workshop
meetings in the Commission Chambers. Mr. Jacquet stated he believes that Workshop
meetings should be in the First Floor Conference Room and when the Commission sits
around the table with people around he believes the Commission can get more
accomplished as opposed to holding the meetings in the Commission Chambers looking
down on the public. Mr. Jacquet proposed that the City hold their Workshop meetings in
the First Floor Conference Room versus the Commission Chambers.
41
02/04/14
For purposes of next week, Mayor Glickstein stated the City Commission
is going to be in the First Floor Conference Room for the Workshop and he would like to
see an agenda to the CRA and their agenda back to the City so everyone knows what will
be discussed.
Mrs. Gray concurred with comments expressed by Commissioner Jacquet
and suggested that the Commission revisit that as well.
The City Clerk reminded the City Commission that any meeting held in
the First Floor Conference Room is not video streamed like the Commission Chambers it
is only recorded.
Mayor Glickstein stated for purposes of next week the City Commission
will be in the first floor conference room and staff is going to develop an agenda and it
will be a Workshop and Special meeting.
9.T. CHANGE ORDER NO. 11MANCIL'S TRACTOR SERVICES,
INC.: Consider approval of Change Order No. 1 (C.O. No. 1) to Mancil's Tractor
Services, Inc. for a contract time extension of sixteen (16) days; and approval, in the
amount of $13,691.34, for additional concrete sidewalk removal and replacement, and
additional driveway aprons for the S.W. 2nd Street Beautification Project (42010 -039).
This change order is in compliance with Ordinance No. 29-13, Chapter 36, "Acquisition
of Goods and Services and Disposal of City Property", Section 36.06, "Change Orders ",
(A) (1) & (3). Funding is available from the contract's Unforeseen Conditions Allowance,
which has a balance of $29,923.10).
THIS ITEM HAS BEEN MOVED TO THE SPECIAL/WORKSHOP
MEETING OF FEBRUARY 11, 2014.
9.W. APPOINTMENT TO THE CODE ENFORCEMENT BOARD:
Appoint one (1) regular member to serve a three (3) year term ending January 14, 2017 to
the Code Enforcement Board. Based upon the rotation system, the appointment will be
made by Commissioner Frankel (Seat 0).
THIS ITEM HAS BEEN MOVED TO THE SPECIALIWORKSHOP
MEETING OF FEBRUARY 11, 2014.
9.X. APPOINTMENT TO PUBLIC ART ADVISORY BOARD: Appoint
one (1) regular member to the Public Art Advisory Board to serve an unexpired term
ending July 31, 2015. Based upon the rotation system, the appointment will be made by
Commissioner Gray (Seat ##4).
THIS ITEM HAS BEEN MOVED TO THE SPECIAL /WORKSHOP
MEETING OF FEBRUARY 11, 2014.
42
02/04/14
11. FIRST READINGS:
ILA. ORDINANCE NO. 05 -14: Consider an amendment to Chapter 36,
"Acquisition of Goods and Services and Disposal of City Property ", of the Code of
Ordinances, by amending Section 36.04, "Protest Procedures ", to provide for time
requirements for the City's response to bid protests. If passed, a public hearing will be
held on February 18, 2014 tentatively.
The caption Ordinance No. 05 -14 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 36, "ACQUISITION OF
GOODS AND SERVICES AND DISPOSAL OF CITY
PROPERTY" OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, BY AMENDING
SECTION 36.04, "PROTEST PROCEDURES ", TO
PROVIDE FOR TIME REQUIREMENTS FOR THE
CITY'S RESPONSE TO BID PROTESTS, PROVIDING
A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 05 -14 is on file in the City Clerk's
office.)
THIS ITEM HAS BEEN MOVED TO THE SPECIALIWORKSHOP
MEETING OF FEBRUARY 11, 2014.
12. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS.
12.A.
City Manager
None.
12.B.
City Attorney
None.
12.C.
City Commission
12.C.1.
Mr. Frankel
None.
43
02/04/14
12.C.2.
Mrs. Gray
None.
12.C.3.
Mrs. Petrolia
None.
12.C.4.
Mr. Jacquet
None.
12.C.5.
Mayor Glickstein
None.
There being no further business, Mayor Glickstein declared the meeting
adjourned at 12:26 a.m.
City Clerk
ATTEST:
4� A--�
AYOR
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the Minutes of the Regular City Commission Meeting held
on February 4, 2014, which Minutes were formally approved and adopted by the City
Commission on April 16, 2014.
City Clerk
44
02/04/14
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.
45
02/04/14
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
INTERNAL ADJUSTMENT AND WAIVER REQUESTS FOR THE
ST. GEORGE PROJECT AT 1023 NORTH FEDERAL HIGHWAY
1. These requests came before the City Commission on February 4, 2014.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the internal adjustment and waiver
requests for the St. George project at 1023 North Federal Highway. All of the evidence
is a part of the record in this case. Required findings are made in accordance with
Subsections I and II.
I, INTERNAL ADJUSTMENT: Pursuant to LDR Section 2.4.7(0)(5), concurrent
with granting relief from a development standard or regulation; the granting body must
make a finding that such-relief does not diminish the practical application of the affected
regulation (requirement) and that by granting such relief a superior development
product will result.
A. Internal Adjustment to 4.3.3(0)(3)(c)
Pursuant to LDR Section 4.3.3(0)(3)(c) regarding townhouses and
townhouse type developments, setbacks interior to the project with
respect to side and rear lot lines shall not be observed; but in -lieu thereof
structures (dwelling unit groups) shall not be located closer than twenty -
five (25) feet for a two -story structure.
The applicant is proposing a twenty -Foot (20') separation between two -
story Townhouse units #2J#4 and two -story Townhouse units #31 #5.
Should the internal adjustment to Section 4.3.3(0)(3)(c) subject to the
condition in Exhibit "A" be granted?
Yes No
1
Regular Meeting February 04, 2014
II WAIVER: pursuant to LDR Section 2.4.7(8)(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 to LDR Section 4.4.9(F)(2)(a)
Pursuant to LDR Section 4.4.9(F)(2)(a), parcels that have frontage on
North Federal Highway shall have a minimum front building setback of five
feet (5) measured from the ultimate right-of-way line. The maximum
setback shall be fifteen feet (15'), unless it can be demonstrated to the
Site Plan Review and Appearance Board that it is not feasible to comply
with this standard.
The applicant is asking for a waiver to allow setbacks that range from five
feet (5') to thirty -seven feet (37)
Should the waiver to Section 4.4.9(F)(2)(a) be granted?
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.
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Regular Meeting February 04, 2014
b. Based on the entire record before it, the City Commission
approves denies the internal adjustment request subject to the
condition described in Exhibit Wand the waiver request.
0. Based on the entire record before it, the City Commission hereby adopts
this Order this 4th of February 2014, by a vote of 5 in favor and 0 opposed.
ATTEST:
Chevelle Nubin, City Clerk
3
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Regular Meeting February 04, 2014
Exhibit "A"
1 _ A twenty foot (20') or greater building separation will be provided for the closest
portion of the wall of the buildings.
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Regular Meeting February 04, 2014
IN THE CITY COMMISSION
GHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
WAIVER REQUESTS FOR LOTS 9 AND 10 OF 214 NORTH SWINTON AVENUE
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. The waiver requests regarding Lots 9 and 10 of 214 North Swinton
Avenue has carne before the City Commission on February 4, 2014.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the waiver requests for Lots 9 and 10 of
214 North Swinton Avenue. All of the evidence is a part of the record in this case.
1. 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.
Pursuant to LDR Section 4.1.4(0), Use of Lots of Record, "any lot, or parcel,
which qualified as a lot of record as set forth in these Regulations, but which does not
comply with respect to minimum lot area and minimum lot dimensions specified for the
zoning district in which it is located, may nevertheless be used (for purposes as allowed
in that zoning district), as long as it complies with ali other requirements of that zoning
district, subject to the following limitations:
(C) Except for single family residences subject to the R -1 -A (Single
Family Resident;al) zoning district standards, if two (2) or more adjoining lots (or
combination of lots and portions of lots) of record were under the same
ownership as of October 18, 1994, and if the total frontage and the total area is
equal to or greater than that which is required by the zoning district regulations,
said property shall not be developed except in accordance with the minimum
frontage and tot area requirements of the district. Ownership shall be determined
by the properly tax rolls on file in the Palm Beach County Property Appraiser's
Office as of October 18, 1994."
Regular Meeting February 04, 2014
a. Should the waiver to Section 4.1.4(0) to allow Lot 9 of 214
North Swinton Avenue to measure 50' wide by 131' deep instead of the
required 80' be granted?
Yes V No
b. Should the waiver to Section 4.1.4(C) to allow Lot 10 of 214
North Swinton Avenue to measure wide by 1311 deep instead of the
required 80' be granted?
yes V-' No
3. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the original plat 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 which supports the findings set forth in this Order.
5. Based on the entire record before it, the City Commission approves !"
denies the waivers and hereby adopts this Order this 4th day of February, 2014,
by a ,rote of 5 in favor and 0 opposed.
ATf EST:
Chevelle Nubin, City Clerk
2
T�.
Regular Meeting February 04, 2014
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
FINAL SUBDIVISION PLAT APPROVAL
REQUEST FOR THE GROVE AT LAKE 1DA
ORDER OF THE CITY GOMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. The final subdivision plat approval request regarding The Grove at Lake
Ida has come before the City Commission on February 4, 2014.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the plat approval for, The Grove at Lake
Ida. All of the evidence is a part of the record in this case.
I. Plat Approval: The required findings for approval are hereto attached as
"Exhibit A ".
Should the plat for the Grove at Lake Ida be granted?
Yes 3 No 2
3. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the original plat 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 which supports the findings set forth in this Order.-
Based on the entire record before it, the City Commission approves V
denies the plat approval and hereby adopts this Order this 40' day of February,
2014, by a vote of 3 in favor and 2 opposed.
ATTEST: \
Chevelle Nubin, City Clerk
Cir
f ► . ► •
Regular Meeting February 04, 2014
Exhibit A
. A ,
Pursuant to Section 3.1.1 of the Land Development Regulations, prior to 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 in the application, the staff
report, or minutes. Findings shall be made by the Board to approve or deny the
development application. These findings relate to Future Land Use Map, Concurrency,
and Consistency with the Comprehensive Plan, and Compliance with the Land
Development Regulations,
1. Section 3.1.1 A - Future Land Use Mai): The resulting use of land or
structures must be allowed in the zoning district within which the land is situated and
said zoning must be consistent with the applicable land use designation as shown on
the Future Land Use Map.
The subject property has a Future Land Use Map designation of LD (Residential- Low
Density, 0-5 du/ac) and is zoned R -1 -AA (Single Family Residential). Pursuant to the
Land Use Designation/Zoning Matrix (Table L -7, f=uture Land Use Element), the R -1 -AA
zoning district is consistent with the LD Land Use Map Designation. Based upon the
above, it is appropriate to make a positive finding with respect to consistency with the
Future Land Use Map designation.
2. Section 3.1.1 (S) — Concurrency: Pursuant to Section 3.1.7(13), Facilities
which are provided by, or through, the City shall be provided to new development
concurrent with issuance of a Certificate of Occupancy. These facilities shall be
provided pursuant to levels of service established within the Comprehensive Plan.
Water and Sewer: Water is available via connections to 2" water mains located within
Grove Way and NW 12th Street. There is also an 8„ water main in NW 3`d Avenue.
Sewer service is available via connection to existing 8" sanitary sewer mains located
within Grove Way and NW 12 h Street. Existing fire hydrants are located within the
surrounding road rights -of -way.
Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water
Treatment Plant and the South Central County Waste Water Treatment Plant for the
City at build -out. Based upon the above, positive findings can be made with respect to
this level of service standard.
Drainage. Drainage will be accommodated on site via an exfiltration trench system
located within a drainage easement along the rear lot lines in the center of the property.
This easement will be dedicated on this plat to the homeowner's association. which will
have maintenance obligations for the drainage system. There should be no impact on
drainage as it relates to this level of service standard. Based upon the above, positive
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Regular Meeting February 04, 2014
findings with respect to this level of service standard can be made. Based upon the
above, positive findings with respect to this level of service standard can be made.
Streets and Traffic: No internal street system is proposed with this development, as
direct access is available from the surrounding roadways. The proposed development
will generate at total of (70) daily trips, (5) AM peak hour trips and (10) PM peak hour
trips. This impact is minimal and no further analysis of residential projects that generate
20 or fewer peak hour trips is required.
Parks and Recreation Facilities: The Open Space and Recreation Element of the
City's Comprehensive Plan indicate in its conclusion that "The City will have sufficient
recreation facilities at build -out to meet the adopted standards ". A park impact fee is
collected to offset any impacts that the project may have on the City's recreational
facilities. Pursuant to LDR Section 5.3.2, a park impact fee of $500.00 per dwelling unit
will be collected prior to issuance of a building permit for the project. Since the existing
home was constructed prior to February 23, 1982, a park impact fee credit will not be
issued when it is demolished. A total fee of $3,500 will be required of this development
for parks and recreation purposes.
Solid Waste: The proposed three (3) additional single- family homes will generate 5.97
tons of solid waste per year (3 units x 1.99 tons = 5.97 tons). The Solid Waste Authority
has indicated that its facilities have sufficient capacity to handle all development
proposals till the year 2046, thus a positive finding with respect to this level of service
standard can be made.
Schools: A positive finding of school concurrency has been received from the Palm
Beach County School District.
3. Section 3.1.1 C - Consistency Pursuant to Section 3.2.1 (Basis for
Determining Consistency), the performance standards set forth in Section 3.2.3
(Standards for Site Plan and/or Plat Actions) shall be the basis upon which a finding of
overall consistency is to be made. As described below, al positive finding for
consistency can be made as it relates to standards for plat actions.
Section 3.2.1 Basis for Determining Consistency: The performance standards set
forth in this Article either reflects a policy from the Comprehensive Plan or a principle of
good planning practice. The performance standards set forth in the following sections
as well as compliance with items specifically listed as required findings in appropriate
portions of Section 2.4.5 shall be the basis upon which a finding of overall consistency
[Section 3.1.1(C)] is to be made. However, exclusion from this Article shall not be a
basis for not allowing consideration of other objectives and policies found in the adopted
Comprehensive Plan in the making of a finding of overall consistency.
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Regular Meeting February 04, 2014
Section 3.2.3 Standards for Site Plan and/or Plat Actions:
(A) Building design, landscaping, and lighting (glare) shall be such that they
do not create unwarranted distractions or blockage of visibility as it pertains to traffic
circulation. Meets intent of standard
(13) Separation of different forms of transportation shall be encouraged. This
includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found
under Objectives D -1 and D -2 of the Transportation Element. Meets intent of standard
(C) Open space enhancements as described in policies found under Objective
B -1, of the Open Space and Recreation Element are appropriately addressed. Meets
intent of standard
(D) The City shall evaluate the effect that any street widening or traffic
circulation modification may have upon an existing neighborhood. If it is determined
that the widening or modification will be detrimental and result in a degradation of the
neighborhood, the project shall not be permitted. Not applicable
(E) Development of vacant land which is zoned for residential purposes shall
be planned in a manner which is consistent with adjacent development regardless of
zoning designations. Meets intent of standard
(F) Vacant property shall be developed in a manner so that the future use and
intensity are appropriate in terms of soil, topographic, and other applicable physical
considerations-, complementary to adjacent land uses; and fulfills remaining land use
needs. Meets intent of standard
(G) Redevelopment and the development of new land shall result in the
provision of a variety of housing types which shall continue.to accommodate the diverse
makeup of the City's demographic profile, and meet the housing needs identified in the
Housing Element. This shall be accomplisher) through the implementation of policies
under Objective B -2 of the Housing Element. Meets intent of standard
(H) The City shall consider the effect that the proposal will have on the
stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes,
and circulation patterns shall be reviewed in terms of their potential to negatively impact
the safety, habitability, and stability of residential areas. If it is determined that a
proposed development will result in a degradation of any neighborhood, the project shall
be modified accordingly or denied. Meets intent of standard
(1) Development shall not be approved if traffic associated with such
development would create a new high accident location, or exacerbate an existing
situation causing it to become a high accident location, without such development taking
actions to remedy the accident situation. Meets intent of standard
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Regular Meeting February 04, 2014
(J) Tot lots and recreational areas, serving children from toddler to teens,
shall be a feature of all new Dousing developments as part of the design to
accommodate households having a range of ages. This requirement may be waived or
modified for residential developments located in the downtown area, and for infill
projects having fewer than 25 units. Not applicable
Comprehensive Plan Policies:
A review of the goals, objectives, and policies of the adopted Comprehensive Plan was
conducted and the applicable Objective was noted:
Future Land Use Element Objective A -1: Property shall be developed or redeveloped, in
a manner so that the future use, intensity and density are appropriate in teals of soil,
topographic, and other applicable physical considerations; encourage affordable goods
and services; are complementary to and compatible with adjacent land uses; and fulfill
remaining land use needs.
There are no special physical or environmental characteristics of the land that would be
negatively impacted by the proposed development_ The development of the subject
property is proposed in a manner appropriate and complementary to the adjacent
single - family residential development throughout the neighborhood.
4. Section 3.1.1 D — Compliance with the Land Develo ment
Regulations:
LDR Section 6.3.1 (Sidewalks):
Pursuant to LDR Section 6.1.3(B)(1), a 5' -wide sidewalk is required around the
perimeter of the project. Sidewalks will be constructed within the adjacent road rights-
of-way with development of the project.
LDR Section 4.3,4(x} -- Development Standards Matrix:
The replat will result in lots smaller than those in the current plat. The proposed lofts are
consistent in size with existing lots in the neighborhood, which contains a variety of lot
sizes, both larger and smaller than those proposed. As shown on the following table, all
seven lots will exceed the minimum lot dimension requirements in Section 4.3.4(K),
"Development Standards Matroe' for the Single - Family Residential (R -1 -AA) zoning
district.
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Regular Meeting February 04, 2014
Lot Size
(Square Feet)
Lot Width
LatDepth
Lot Frontage
Interior /Corner
flnterior /Corner
Minimum Required
9,500
75'195'
100'
75'/95'
Proposed Lot I
12,934
107'
115'
205.4
(Coiwer Lot)
Proposed Lot 2
10,363
75'
136.7
75'
Proposed Lot 3
10,978
75'
145,8
75'
Proposed Lot 4
11,002
75'
146.8
75'
Proposed Lot S
10,436
98'
105'
1818
(Corner Lot)
Proposed Lot- 6
10,353
75'
136.5
75'
Proposed Lot 7
11,390
75'
150.6
75'
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Regular Meeting February 04, 2014