02-24-14 Regular City Commission Minutes FEBRUARY 24,2014
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.,Monday, February 24, 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, MMC, City Clerk
Kimberly Wynn, Deputy City Clerk
2. The opening prayer was delivered by Kathleen Gannon with St. Paul's
Episcopal Church.
3. The Pledge of Allegiance to the flag of the United States of America was
given.
4. APPROVAL OF MINUTES:
Mrs. Petrolia moved to approve the Minutes of the Regular Meeting of
January 21, 2014, 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.
5. PRESENTATIONS:
5.A. John Nolen Award
Mayor Glickstein read a brief statement into the record regarding John
Nolen and stated the City of Delray Beach is receiving the John Nolen Award from the
Florida Chapter of the Congress for the New Urbanism, a nationally recognized planning
and design organization devoted to promoting walkable mixed-use neighborhood
development sustainable communities and healthier living conditions. Mayor Glickstein
stated the New York Times considered the most important phenomenon to emerge in
American architecture in the Post-Cold War era. He stated the principles of the new
urbanism movement are based on the work of John Nolen and a handful of accomplished
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landscape architects and planners that practiced in the late 1,800's and early 1,900's.
Anthea Gianniotes, Florida Chairperson of the Congress for the New
Urbanism (CNLn, stated each year the John Nolen metal for contributions to urbanism in
Florida is awarded to an individual or a group that has made significant contributions to
the advancement of New Urbanism principles. Ms. Gianniotes stated John Nolen was a
town planner in the early 2& century who advocated for settlement that showcased the
beauty of human work. Ms. Gianniotes stated they were evaluated on five (5) specific
criteria: (1) innovation, (2) transferability, (3) the quality of the work, (4)
implementation, and (5) the comprehensiveness of the body of work. Ms. Gianniotes
stated this award is presented for the first time to a city and congratulated the City of
Delray Beach for setting an example for other Florida cities and towns on how they can
transform themselves from years of neglect.
Mayor Glickstein stated the Awards Selection Committee is compromised
solely of past metal winners and the names on the list represent some of the preeminent
names in the State of Florida for land planning, progressive thinking, and urban design.
On behalf of the City of Delray Beach, Mayor Glickstein thanked Ms. Gianniotes for this
prestigious award.
On behalf of the City Commission, Mayor Glickstein acknowledged and
thanked City staff and everyone involved.
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Mrs. Gray thanked the City, CRA, and all past elected officials who
contributed to this.
S.B. City's 2014 Legislative Priorities - State Legislative Delegation
Representative Bobby Powell stated the Legislative Session begins on
March 4, 2014 and the discussions will be on economic development, the sober home
issue, the coast, criminal prosecution of juveniles within the State of Florida and Pahn
Beach County specifically. Representative Powell stated they have worked with Career
Source Florida to have people employed in different areas; Enterprise Zones will expire
in 2015 and he has pushed the Legislation to extend that deadline to 2025. Mr. Powell
stated other representatives and senators are working on language to restructure what the
Statute says for Enterprise Zones. In addition, he is working on a homeless bill to come
up with a holistic approach to deal with homelessness in Palm Beach County and to help
some of the most vulnerable citizens to move from destitute conditions to opportunity
(part of Public Records Exemption). Representative Powell stated it structures the
personal identifying information that can be released when someone does a public
records request on a homeless person. He stated homelessness is not just the person on
the street who has never had a home that may have had substance abuse problems or
fallen on bad luck but homelessness now constitutes families with children who may
have lost a job or suffered in this economy; women or men who are victims of spousal
abuse. Representative Powell stated those are the things they are trying to protect.
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Mrs. Gray stated last year she was very instrumental in having Senator
Sachs, the Chamber of Commerce, and the Economic Development Coordinator
regarding the Enterprise Zones. Mr. Powell stated they are hoping to extend Enterprise
Zones to 2025; however, it is going to be an uphill battle.
Mr. Jacquet thanked Representative Powell for representing the City of
Delray Beach so well in Tallahassee especially for his support of the Sober Home piece
of legislation. Mr. Jacquet stated also as important as the Enterprise Zones that the
Legislature is working on that is crucial for Delray Beach, an issue that is becoming more
and more of an issue, is the homelessness concerns. Mr. Jacquet stated he applauds
Representative Powell for his legislation on that.
Mr. Jacquet stated every year there is a day when all the elected officials
from Palm Beach County, the residents, and business owners, are invited to go to
Tallahassee. Mr. Powell stated Palm Beach County Day falls on the first day of session
which is March 4 1 and March 5t'; the first week of session is Palm Beach County Days
in the Capitol.
Mayor Glickstein thanked Representative Powell for being present this
evening. In terms of the sober house legislation it passed the first committee, the Senate
Committee unanimously; however, the House is going to be a little bumpy and asked
Representative Powell to explain where that is coming from and why. Representative
Powell stated without Representative Hager being present, he can really not speak to the
Bill directly in terms of why it may be challenged because he has not spoken to the
Chairperson of that First Committee; however, Representative Powell stated he had a
stakeholder come to his office who said they had been working on the legislation with
Representative Hager and other stakeholders and they have challenges to the Bill.
Representative Powell stated he anticipates that they will be able to work through those
and get the Bill through the process.
Mayor Glickstein thanked Representative Powell for coming this evening
and recognized Mr. T.D. Davis, Riviera Beach City Commissioner, for being present this
evening.
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 previous comments regarding Barwick Road, the City
Manager stated since the last Commission meeting the Police Department has had the
radar out to gage what the average speed is on that road. The City Manager stated staff
has a meeting next week to propose a series of temporary measures along Barwick Road
to prohibit traffic from parking along Barwick Road. The City Manager stated staff
continues to work on this issue.
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Secondly, with regard to Salt Water Brewery, the City Manager stated the
City has a committee that will talk about the benefits of adding food trucks to the Land
Development Regulations(LDRs).
The City Manager stated with regard to comments expressed by Alice
First, Veteran's Park is in need of assistance in the LDRs and this will be part of the
comprehensive review of the City's LDRs.
6.B. From the Public.
6.B.1. Pauline Moody, 609 S.W. 8th Avenue DeIrgy Beach FL 33444
commented about the Juvenile Bill and urged Representative Powell to focus first on
ruling out the criminal police on State levels. Ms. Moody commented about Truancy
cops and stated unless something is done with the parent the behavior of the juvenile is
not going to change.
Secondly, Ms. Moody commented about the tennis event and stated she
observed an individual who purchased tennis tickets and scalped them right in front of
her.
63.2. San Knobler, 1125 N.W. 5th Avenue, Delray Beach, FL 33444, stated
for 25 years he was a real estate developer and he feels the Mayor is the only person who
understands real estate development. Mr. Knobler read a brief statement into the record
and stated he studied political science in college, was involved in the civil rights
movement and the anti-war movement in Vietnam. Mr. Knobler read a quote into the
record by Greek philosopher Aristotle and spoke strongly about democracy. In addition,
Mr. Knobler read into the record a quote written by former President Franklin D.
Roosevelt. Mr. Knobler commented about the Campaign Financial Reports and stated on
March 11, 2014 (Election Day)the voters will be heard.
6.B.3. Ken MacNamee, 1049 Del Haven Drive, Delray Beach, FL 33483,
reviewed in detail a public records request concerning Delray's beach cabana operator
arrest report for Michael Novatka for possession of cocaine with intent to sell. Mr.
MacNamee stated the Counsel who represented Mr.Novatka was Mr. Frankel.
6.B.4. 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), stated at the February 4, 2014 City Commission
meeting he expressed concern a few weeks ago along with the Principal of Banyan Creek
Elementary School, parents, PTA members, and SAC members regarding issues on
Barwick Road. Mr. Katz stated the City Commission all agreed that something needed to
be done and he emailed the City Manager asking him to look into some temporary safety
measures immediately. Mr. Katz stated West Palm Beach built an entire mall in less than
two years and he feels in five months the City should be able to pour concrete for curbs to
save the lives of children. Mr. Katz urged the City Commission to hold the City Manager
accountable because it has been three weeks and to this date nothing has been done.
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Secondly, in follow-up to the public comments, Mr. Katz urged the City
Commission to disclose that they have had a prior relationship with someone especially if
it is a business relationship if the Commission is going to sit on the dais and defend them.
6.11.5. Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane #2.11.0,_Delray
Beach FL 33444 President of the Board of Directors of Tierra Verde at Delra
Beach and Member of the Alliance), commented about the campaign contributions and
stated the candidates get them from developers, lawyers, and realtors. Dr. Kirson stated
the average public does not send in money for a campaign.
Secondly, Dr. Kirson stated he has had a beach cabana for approximately
five years and feels the history of the people running the company for the beach
equipment has no significance to his enjoying the beach.
6.11.6. Jim Smith, 1225 South Ocean Boulevard, Delray Beach, FL 33483
Safety As Floridians Expect (S.A.F.E.) Chair, congratulated the City for receiving the
prestigious John Nolen Award. Mr. Smith thanked Mayor Glickstein and the City
Commission for scheduling and supporting the Town Hall Lecture Series; he noted it has
been an overwhelming success. Mr. Smith read a brief statement into the record. Mr.
Smith stated Todd Zimmerman will speak at the Crest Theatre on March 19, 2014.
Secondly, Mr. Smith stated S.A.F.E. will be addressing the need for a city-
wide sidewalk plan.
Mrs. Gray recognized former Commissioner Christina Morrison and
former Mayor Jay Alperin for their contributions with regard to the John Nolen Award.
Mrs. Gray recognized former Commissioner Christina Morrison and
former Mayor Jay Alperin for their contributions with regard to the John Nolen Award.
7. AGENDA APPROVAL.
Mayor Glickstein stated the applicant has requested a postponement for
Item B.K., Temporary Use and Hold Harmless Agreement/THAB, LLC (d/b/a
Admiral Water Taxi); however,he requested that this item be removed.
Mr. Frankel stated staff requested a postponement of Item 10.A.,
Ordinance No. 05-14.
Mr. Frankel moved to approve the Agenda as amended, 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.
8. CONSENT AGENDA: City Manager Recommends Approval.
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8.A. ACCEPTANCE OF A RIGHT OF WAY DEED/1010 HIBISCUS
LANE: Approve and accept a right-of-way deed with Adam F. Weil for dedication
along N.W. 6th Avenue for the property located at 1010 Hibiscus Lane.
8.B. ACCEPTANCE OF A RIGHT-OF-WAY DEED/920 HIBISCUS
LANE: Approve and accept a right-of-way deed with Brett R. Kaye for dedication along
N.W. 6th Avenue for the property located at 920 Hibiscus Lane.
8.C. ACCEPTANCE OF A RIGHT-OF-WAY DEED/1098 HIBISCUS
LANE: Approve and accept a right-of-way deed with Elaine Lewis for dedication alonI
N.W. 6th Avenue for the property located at 1098 Hibiscus Lane (formerly 602 N.W. 11
Street).
8.D. REQUEST FOR A SIDEWALK DEFERRAL/115 N.W. 16TH'
STREET: Approve an agreement to defer installing a sidewalk along N.W. 16# Street
for the property located at 115 N.W. 16th Street.
8.E. REQUEST FOR A SIDEWALK DEFERRAL/609 PALM TRAIL:
Approve an agreement to defer installing a sidewalk along Palm Trail for the property
located at 609 Palm Trail.
8.F. RESCIND PURCHASE AWARD/AIR LI UIDE INDUSTRIAL U.S.
LP: Approve a request to rescind a purchase award to Air Liquide Industrial U.S. LP,
originally awarded via a Palm Beach County contract (413-080/SWC), in the amount of
$88,000.00 for the purchase and delivery of Liquid Carbon Dioxide (COZ) for use at the
Water Treatment Plant(WTP).
S.G. _CHANGE ORDER NO. 1(C.O. NO. IVALL PHASE ROOFING &
CONSTRUCTION: Approve Change Order No. 1 (C.O. No. 1) to All Phase Roofing &
Construction in the total amount of $29,075.15 for additional scope due to a structural
deficiency discovered during construction; and for a contract time extension of nine (9)
days for the Beach Beautification Plan Project (Bid 42013-54). The request is in
compliance with Ordinance No. 29-13, "Acquisition of Goods and Services and Disposal
of City Property", Section 36.06, "Change Orders", (A) (1) & (3). Funding is available
from 117-4170-572-68.83 (Recreation Impact Fee FD: Other Improvement/Beach
Pavilion).
8.H. SERVICE AUTHORIZATION NO. 12-14/MATHEWS
CONSULTING INC./AREA 12B RECLAIMED WATER SYSTEM: Approve
Service Authorization. No. 12-14 with Mathews Consulting Inc. in the amount of
$178,176.00 for professional engineering services in the design of Area 12B Reclaimed
Water System Project(RFQ #2012-06). 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 441-5161-536-68.79
(Water and Sewer Fund: Improvements Other/Reclaim Water, Area 12B).
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8_I. PROFESSIONAL SERVICES VENDOR LIST/NEIGHBORHOOD
STABILIZATION PROGRAM (NSP): Approve the list of general contractors in
response to the City's RFP #01-2014NS for Professional Services required to carry out
activities under the Neighborhood Stabilization Program (NSP) contingent on the list
being approved by the Florida Department of Community Affairs. This is in compliance
with in accordance with Chapter 36 of the City Code of Ordinances, Section 36.02,
(A)(2), "Request for Proposals". Funding is available from 118-1935-554-62.12
(Neighborhood Services: Department of Community Affairs-Neighborhood Stabilization
Program/Capital Outlay/Acquisition Rehabilitation) and 118-1934-554-62.12
(Neighborhood Services: Community Redevelopment Agency-Neighborhood
Stabilization Program/Capital Outlay/Acquisition Rehabilitation).
8.1 AMENDMENT TO THE WORKFORCE HOUSING COVENANT:
SP5 WOOD MIDTOWN DELRAY, LLC.: Approve an Amendment to the Workforce
Housing Covenant as proposed, between the City, Alta Congress Owner, LLC and SP5
Wood Midtown Delray, LLC., for the project associated with Midtown Delray.
8.K. TEMPORARY USE AND HOLD HARMLESS
AGREEMENTITHAB, LLC (dlbla ADMIRAL WATER TAXI): Approve a
Temporary Use and Hold Harmless Agreement between the City and THAB, LLC. (d/b/a
Admiral Water Taxi), for the temporary use of dock space to load and unload passengers
at Veterans Park from 6:30 p.m. to 9:30 p.m. on Thursday, Friday, and Saturday nights as
part of its water taxi service. (THE APPLICANT REQUESTED THIS ITEM BE
POSTPONED)
8.L. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards
for the period January 27, 2014 through February 21, 2014.
8.M. PROCLAMATIONS:
1. Multiple Myeloma Awareness Month—March 2014
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2. WellFestTM Delray—March 8-9, 2014
8.N. AWARD OF BIDS AND CONTRACTS:
1. Purchase award to Rechtien International Trucks in the amount of
$7,305.04 for repairs to the engine of Delray Beach Fire Rescue
Ambulance #200865 West Palm Beach, Florida in accordance with
Ordinance No. 29-13, Chapter 36, Section 36.02 (C) (6) (a), "Sole
Source and City Standard". Funding is available from 501-3311-
591-52.52 (Garage Fund: Operating Supplies/City Garage —
Outside Service).
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Mr. Frankel moved to approve the Consent Agenda as amended, seconded
by Mrs. Gray. 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. REGULAR AGENDA:
9.A. APPEAL OF THE CITY MANAGER'S DECISIONBUDDHA SKY
BAR: Consider an appeal from Christopher Licata on behalf of Buddha Sky Bar, of the
City Manager's denial of their request to extend their alcohol license premise on March
15, 2014 from 11:00 a.m. until 6:00 p.m. (Quasi-Judicial Hearing)
Mayor Glickstein read the City of Delray Beach Quasi-Judicial rules into
the record for Items 9.A., 9.B., 9.C.,and 9.D.
Kimberly Wynn, Deputy City Clerk, swore in those individuals who
wished to give testimony on this item.
Mayor Glickstein asked the Commission to disclose their ex parte
communications. Mr. Frankel stated he never represented anyone from Buddha Sky Bar
especially ten (10) years ago in matters covered by attorney/client privileges. Mrs. Gray,
Mayor Glickstein, Mrs. Petrolia and Mr. Jacquet had no ex parte communications to
disclose.
Robert A. Barcinski, Assistant City Manager, stated the appeal was filed
by Christopher Licata on behalf of Buddha Sky Bar regarding the City Manager's denial
of their request to extend their alcohol license premise on March 15, 2014 from 11:00
a.m. until 6:00 p.m. Mr. Barcinski stated all the backup material is included in the
agenda backup.
Christopher Licata, 217 East Atlantic Avenue, Delray Beach,
33483, stated John Fischer (retired fireman) had asked him to use the second floor as a
grandstand for the corner of Atlantic Avenue and railroad. Mr. Licata stated they have a
parking lot that is adjacent to the railroad and there are nine spots and inside gets really
congested so they were asked to use their parking lot with the barricades.
Mr. Barcinski confirmed that this includes the six (6) foot high fence
because barricades would not suffice since last year the alcohol was passed over the small
barricade.
Mayor Glickstein stated if anyone from the public would like to speak in
favor or in opposition of Item 9.A., to step forward at this time. There being no one who
wished to address the Commission regarding the appeal,the public comment was closed.
Mrs. Petrolia stated she does not see this as any different than the others.
She supports it as long as the conditions are met and stated she understands the
problematic issue of passing alcohol between barricades versus being stopped at a fence.
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Mrs. Gray stated she visited the site and supports it subject to the
conditions.
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).
Mrs. Gray moved to adopt the Board Order subject to the conditions as
stated in Exhibit "A", seconded by Mr. Jacquet. 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.B. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD'S
(SPRAB) DECISION/ CHASE BANK: Consider an appeal to the Site Plan Review and
Appearance Board's (SPRAB) decision of a waiver request to Land Development
Regulations (LDR) Section 4.6.7(E)(7), "Design Standards Matrix", to allow one (1) flat
wall sign on the east elevation that faces an interior parking lot for Chase Bank located at
1755 South Federal Highway. (Quasi-Judicial Hearing)
Mayor Glickstein asked the Commission to disclose their ex parte
communications. Mr. Frankel stated he met with the attorney and the applicant. Mrs.
Gray stated she spoke to the attorney to set up a meeting but has not actually met with
him or spoke about the subject. Mrs. Petrolia stated she spoke to the attorney and the
attorney's assistant. Mr. Jacquet stated he had no communication on this item. Mayor
Glickstein stated he had no ex parte communications.
Lula Butler, Director of Community Improvement, stated this is a
consideration of an appeal to the Site Plan Review and Appearance Board's (SPRAB)
January 22, 2014 denial of a waiver request for one (1) flat wall sign that does not meet
the requirements pursuant to LDR Section 4.6.7(E)(7) providing for one (1) flat wall sign
on the east elevation of a proposed structure that faces an interior parking lot. Mrs.
Butler stated the applicant will have two (2) free standing signs; one on Linton Boulevard
and one on Federal Highway close to seven (7) feet tall and the signs are a little over 37
square feet per side. The larger sign is what is going to be on the south and west
elevations of the building. The applicant has applied for five (5) signs; four (4) of which
are permitted. The one before the Commission tonight faces the interior.
At is meeting of January 22, 2014, SPRAB voted 6-1 to deny the
recommendation of the waiver to allow a flat wall sign to be placed on the east elevation.
The consensus of the Board was that the signage allowed by code was sufficient for this
business. Allowing a waiver for an additional sign would result in"sign pollution". Mrs.
Butler stated Chase Bank was proposing numerous signs that do not require permits
including directional, ATM, Handicap Parking and Name Plate signage that contain the
Chase name and logo. These signs make it easy to identify functions and the points of
access to the parking lot. Mrs. Butler displayed three (3) examples of waivers that were
previously approved by SPRAB (i.e. west on Linton Boulevard, over the entryway, North
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Federal Highway, and West Atlantic Avenue approved by the Commission in 2012). For
the record, Mrs. Butler read LDR Section 2.4.7(B)(5). Staff recommends approval of this
request based on the prior positions of the City Commission and SPRAB have taken on
this particular banding of properties. Staff said when these kind of properties are located
within a shopping center that they really should come as part of the Master Plan so that
they can do a better job of deciding how many signs they need and what works best for
them.
At this point, Mr. Frankel stated he would like to modify his ex parte
communications and stated his meetings were with Ms. Miskel and her assistant not the
applicant.
Christina Bilenki, 14 S.E. 4th Street, Suite 436, Boca Raton, FL
(representing the applicant and is also ioined by Ms. Bonnie Miskel the Attorney for
the Applicant), stated this is a waiver for a sign request and they are permitted signs that
are facing the street frontage. Ms. Bilenki stated this is a little different because their
building is pushed all along Federal Highway and Linton Boulevard; there is no room to
have the parking out front as with a normal "L" parcel would be. She stated they are
asking for a sign that is above their front entrance above the doorway; a normal "L"
parcel would be positioned facing the street frontage. Ms. Bilenki stated their situation is
unique because they have to face internal to the plaza. Ms. Bilenki stated because of the
configuration of the plaza it makes it very difficult to navigate to begin with. She stated
they tried to situate their building as a normal "L" parcel would be situated and their
architects and engineers came up with a site plan for them to position the building back
from Federal Highway as a normal "L"parcel would be situated with the parking in front.
She stated this does not work for numerous reasons; because of the unique shape of the
lot itself it does not give the building enough room for cars to navigate around. She
stated immediately to the east of the building it is already running into the parking drive
isles. This plan would not meet code requirements for stacking, building setbacks, for
open space, and a variety of connectivity issues with the adjacent plaza and the parking
isles and is not feasible for this specific lot. Ms. Bilenki stated they are requesting to be
treated exactly as every other tenant in these two plazas. She stated after speaking with
their client and hearing the concerns of SPRAB, their client has agreed if the Commission
is agreeable to remove a sign on the south elevation and transfer that so that it is above
the entrance that way they are not increasing the signage they would still have the same
number of signs that are permitted but recommend the importance of having the sign over
their front door.
Mayor Glickstein stated comparing this to the tenant signs in the shopping
center they have a sign over their front door that is the only place they can have a sign is
not really a relevant comparison. Ms. Bilenki stated with regard to many of the outparcels
Panera in that same plaza has signs over their front door and an additional frontage; on
the plaza across the street Duffy's has two signs; CVS has signs that are on street
frontages and they have additional signage that would not normally be permitted by
Code.
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Mayor Glickstein stated if anyone from the public would like to speak in
favor or in opposition of the appeal,to step forward at this time.
Christina Morrison, 2409 Florida Boulevard #207, Delray Beach, FL
33483, stated this is one of the two major traffic intersections in Delray Beach between
the railroad tracks and the bridge. Ms. Morrison stated everyone will know within a
week of opening that the Chase Bank is on the corner because people will be sitting in
traffic at that intersection. She stated all four corners of this intersection are under
construction and feels this intersection will be unrecognizable this time next year.
There being no one else from the public who wished to address the
Commission regarding the appeal, the public comment was closed.
Jim Knight, 10 S.E. 1" Avenue, Delray Beach, FL 33444
(representative of SPRAB, stated when this item came up SPRAB felt there was
appropriate signage with the four locations and that the fifth was not needed. In his
opinion, Mr. Knight stated that is a decent compromise with taking one of the signs
down; however, he cannot speak on behalf of SPRAB because the Board has not seen.
that.
Staff had no cross-examination.
Ms. Bilenki stated they understand the public concern and SPRAB's
concern about having more than four (4) signs on the property and they are willing to
remove the sign from the south elevation and move it above the entranceway/door on the
east elevation so they will not have additional signs other than what is permitted.
Mayor Glickstein stated if the applicant is willing to remove that sign so
now there is a total of two (2)building signs and one (1)monument sign.
Mrs. Butler stated that addresses the comments from SPRAB about sign
pollution and it is a good solution; however,they still need to waive the sign that does not
face a dedicated street.
Mrs. Petrolia stated this is very unusual circumstance. She stated Chase
Bank needs to have a sign over their door in order to let people know where to enter
because if all the signage is not there people might find themselves walking around the
building looking for a front door. Mrs. Petrolia stated in this situation moving the one
sign is a fair solution and compromise.
Mr. Jacquet concurred with comments expressed by Commissioner
Petrolia that this is a fair solution and supports granting the waiver pursuant to LDR
Section 2.4.7(B)(5).
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Mayor Glickstein stated he too supports and noted the outparcel is
uniquely configured both in terms of building placement and parking such that City staff
and SPRAB can distinguish from future applications that are not similarly challenged.
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).
Prior to the vote, Mrs. Gray left the dais.
Mr. Jacquet moved to adopt the Board Order as presented, seconded by
Mrs. Petrolia. Upon roll call the Commission voted as follows: Mrs. Petrolia—Yes; Mr.
Jacquet—Yes; Mr. Frankel Yes; Mayor Glickstein—Yes. Said motion passed with a 4
to 0 vote.
At this point, the time being 7:11 p.m., the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
10. PUBLIC HEARINGS:
10.A. 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; and amending Section 36.07,
"Termination, Extension, and Renewal", to clarify which contracts may be terminated by
the City Manager. (STAFF HAS REQUESTED THE ITEM BE POSTPONED UNTIL .
THE MARCH 4, 2014 CITY COMMISSION MEETING TO MEET
ADVERTISEMENT REQUIREMENTS)
10.13. RESOLUTION NO. 09-14/CONTRACT FOR SALE AND
PURCHASE: 108-110 N.W. 12 M AVENUE: Consider approval of Resolution No. 09-
14; a contract for sale and purchase between the City of Delray Beach and the Delray
Beach Community Redevelopment Agency (CRA) in the amount of ten dollars ($10.00)
for affordable housing purposes for the property located at 108-110 N.W. 12t"Avenue.
The caption of Resolution No. 09-14 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA,
AUTHORIZING THE CITY TO PURCHASE FROM
SELLER CERTAIN 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
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BETWEEN THE SELLER AND THE CITY OF DELRAY j
BEACH, FLORIDA.
(The official copy of Resolution No. 09-14 is on file in the City Clerk's
office_)
The Interim, City Attorney read the resolution and stated this item was
attached to the Interlocal Agreement that was approved by the City Commission
pertaining to the Eagle's Nest Program Career Academy on December 10, 2013. At this
point, the City is looking purchase this property from the Community Redevelopment
Agency (CRA) for Ten Dollars ($10.00) for Affordable Housing purposes.
Mayor Glickstein declared the public hearing open. There being no one
from the public who wished to give testimony on this item,the public hearing was closed.
Mr. Frankel moved to approve Resolution No. 09-14, seconded by Mrs.
Petrolia. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr.
Frankel — Yes; Mayor Glickstein Yes; Mrs. Petrolia— Yes. Said motion passed with a
4 to 0 vote.
At this point, the time being 7:14 p.m., the Commission moved back Item
9.C. of Regular Agenda.
At this point, Commissioner Gray returned to the dais.
9.C. WAIVER REQUEST AND TEMPORARY USE PERMITlDELRAY
KIA: Consider a waiver request to Land Development Regulations (LDR) Section
2.4.6(F)(3)(e), "Temporary Parking Lots", and approve a temporary use permit to allow
temporary storage of vehicles by Delray Kia at the former Ralph Buick Dealership
located at 2501 South Federal Highway. (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, Director of Planning and Zoning, entered the
Planning and Zoning Department project file#2014-045 into the record.
Mr. McDonnell stated this is consideration of a waiver request to expand
the list of allowable temporary uses in the land development regulations and to approve a
temporary use permit to allow temporary storage of vehicles by Delray Kia at the former
Ralph Buick dealership at 2501 South Federal Highway. Mr. McDonnell stated there are
a few photos that identify the issues in the report that are attached as conditions of
approval. Mr. McDonnell stated the beginning of the location of the property contains
numerous automotive dealerships. He stated the offsite storage of vehicles is not a form
of use to this area particularly if only for a determined period of time. Mr. McDonnell
briefly reviewed the following conditions: (1) stated the property is deficient with regard
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to landscaping particularly along Federal Highway, along with the north and south and
west sides of the property, (2)the existing site lighting needs to be reviewed and certified
by an electrical engineer that they are functioning properly, (3) that the debris, roll-off
dumpster, construction equipment, and graffiti be removed and painted over (or all
buildings be razed, which is in progress), and the property maintained in a clean and
orderly manner, (4) that the temporary use is valid for a period of two years with an
expiration date of February 24, 2016, (5) that the temporary use is exclusive and limited
to the storage of vehicles; commercial sales and/or service is prohibited at this location
until such time as a dealership is approved and established.
Michael Weiner, Attorney with Weiner, Lynne & Thompson, P.A., 10
S.E. 1St Avenue, Delray Beach, FL 33444 (Attorney representing the applicant),
stated the staff report is positive with respect to this waiver. Mr. Weiner stated this
property has presented itself for almost a decade of difficulty and is now at the point of
being revitalized. Mr. Weiner briefly reviewed the four (4) requirements pursuant to
LDR Section 2.4.7(B)(5). He stated the applicant is proposing to build an automotive
dealership in an automotive zoned area and he is requesting that he utilize a portion that
they are not physically building upon so they can store some cars and improve it during
the period of construction. Mr. Weiner stated this is benefitting the community and does
not set a precedent.
j Mike Greco, 2001 South Federal Highway, Delray Beach, FL 33483,
stated it will be the new Kia Dealership and they will decide what to do with the old
facility when the new one is built.
Mayor Glickstein stated if anyone from the public would like to speak in
favor or in opposition of the waiver request, to please step forward at this time.
Christina Morrison, 2409 Florida Boulevard #207, Delray Beach, FL
33483, stated Mr. Greco is a proven good neighbor and business owner along the South
Federal Highway corridor. Ms. Morrison stated the whole South Federal Highway
corridor is coming back to life; a Honda dealer is taking over the west side and Mr. Greco
is taking over the east side. Ms. Morrison urged the Commission to approve this waiver.
Kelli Freeman, 917 Banyan Drive, Delray Beach, FL 33483 (President
of the Tropic Isle Civic Association), stated she has been before so many Commissions
talking about South Federal Highway and this particular parcel. Ms. Freeman stated the
neighbors support this and noted Mr. Greco came to their annual meeting and talked to
the residents and showed the plan. She stated the residents are thrilled that it is
automotive and urged the Commission to approve the waiver request.
Stan Lew, 2605 South Federal Highway, FL (property owner
adiacent on the south side), stated it has been eight (8) years since Ralph Buick closed
and being right next door having the blighted property he has had difficulty getting
quality tenants in. Mr. Levy thanked the Greco Family for taking the building down and
putting up the new building and wholeheartedly supports the waiver request.
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There being no one else from the public who wished to address the
Commission regarding the waiver request, the public comment was closed.
There was no cross-examination or rebuttal.
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 adopt the Board Order as presented, seconded by
Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Gray— Yes; Mayor
Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel Yes. Said
motion passed with a 5 to 0 vote.
9.D. CONDITIONAL USE REQUEST/S OFA DISTRICT OFFICES AND
LOFTS: Consider approval of a conditional use request pursuant to Land Development
Regulations (LDR) Section 4.4.13(D)(12), "Conditional Uses and Structures Allowed",
to permit a density in excess of 30 dwelling units (67.6 dwelling units per acre proposed)
for SOFA District Offices and Lofts located on the east side of S.E. 1st Avenue, south of
S.E. 1st Street at 111 S.E. lst Avenue in the Central Business District (CBD). (Quasi-
Judicial Hearing
Mayor Glickstein asked the Commission to disclose their ex parte
communications on this item. Mr. Frankel stated he spoke with Mr. Jim Knight. Mrs.
Gray stated she spoke with Mr. Jim Knight. Mayor Glickstein stated he had no ex parte
communications to disclose. Mrs. Petrolia stated she had no ex parte communications.
Mr. Jacquet stated he had a conversation with the applicant.
Mark McDonnell, AICP, Director of Planning and Zoning, entered the
Planning and Zoning Department project file 42014-044 into the record.
Mr. McDonnell stated the item before this Commission is consideration to
approve a conditional use request to allow a density in excess of 30 dwelling units per
acre. He stated what is being proposed on the lower shaded parcel is where the density is
being proposed. Mr. McDonnell stated the project is Sofa District Offices and Lofts on
the east side of S.E. 1st Avenue south of 1" Street (111 S.E. 1st Avenue) in the Central
Business District (CBD). He stated there are two (2)properties because they are utilizing
shared parking between the two (2) properties as a unified development and the Code
encourages that type of approach. Mr. McDonnell stated together the two (2) properties
measure 1.431 acres; there are two (2)properties for this mixed-use development parcel 1
is the southern parcel (1.124 acres); there is a five-story mixed-use building 76 residential
units on the upper floor levels and the parking garage on the ground floor; 2,250 square
feet of retail on l5t Avenue. Mr. McDonnell stated Parcel 1 is located on the east side of
S.E. 1st Avenue, just south of the Boueri mixed-use building. One hundred fifty-eight
(158) parking spaces will be constructed on-site which will meet the needs of the
proposed 76 residents; their guests and retail patrons. Mr. McDonnell stated Parcel 2 is
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0.307 acres with a four(4) story mixed-use building with 15,495 square feet of Class "A"
office space on the 2 and 3`d levels, and a parking garage on the ground floor along
with 1,600 square feet of retail use within two (2) bays fronting on S.E. I" Street. The
fourth floor will contain a 234 square ft. pavilion and 2,667 square ft. amenity deck on
the roof terrace level. Mr. McDonnell stated there has been some discussion in the past
about the conditional use process (i.e. Planning and Zoning Board, City Commission,
SPRAB, and then back to the Commission). He and Mayor Glickstein discussed this and
felt it would be a good approach to still keep the process but make mention of these
waivers that are associated with this development at this time so that the Commission has
the opportunity to make a comment now and give the applicant some guidance rather
than being hit with it the first time at the back end of the process. Mr. McDonnell briefly
reviewed the waivers. He stated staff made positive findings with regard to the Future
Land Use Map; open space impacts 38,000 will be contributed; traffic statement was
required and provided; staff needs written approval from the Palm Beach County School
district on concurrency; the 76 additional units will be in close proximity to the shopping,
employment, and transportation consistent with many of the Comprehensive Plan
policies; half the cost of a bus shelter would be required; bike racks and a storage area
have been proposed. Mr. McDonnell-stated staff has identified adjacent zoning and the
surrounding land uses and do not feel that this project will cause any objectionable
impacts to.surrounding land uses. He stated with regard to the density figure of 67 plus
or minus is exclusive to that southern property; they could have added the other piece and
it would have dropped the number but staff was not comfortable doing that. Mr.
McDonnell stated the only thing that joins the properties is the shared parking. He stated
this is not a non-residential corridor or commercial corridor but they are getting retail
uses on the ground floor.
Mr. Jacquet inquired about this being a unified development and asked
why staff is not considering them both together. Mr. McDonnell stated it is unified for
the exclusive purpose that they are sharing parking; the conditional use is not being
applied to the northern piece.
Mr. McDonnell stated staff feels that all of the performance standards
have been met and recommends approval of the conditional use to allow the density in
excess of 30 units per acre. He stated since staff went to the SPRAB meeting they
received some conditions from S.A.F.E. and when this was discussed at the Planning and
Zoning Board meeting there were only certain conditions that could be enforced or
required by the city and those are listed in the recommendation of the staff report.
Richard Jones, 10 S.E. 1st Avenue, Delray Beach, _FL 33444
(Architect), briefly discussed the conditional use for the Sofa District Office and Lofts
per LDR Section 4.4.13(D)(12). Mr. Jones stated the Commission's review of this
project does not set a precedent; each project is measured on its own merits for a
particular location. Mr. Jones stated February has been a great month for Delray Beach
with respect to receiving the John Nolen Award and that Delray Beach was featured in a
national publication Coastal Living Magazine. He stated Delray Beach was listed as a
"Dream Town" and noted the City of Delray Beach received the John Nolen Award and
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national magazine exposure highlighting a vibrant walkable downtown where individuals
can live,work, and play in proximity.
Mayor Glickstein stated if anyone from the public would like to speak in
favor or in opposition of the conditional use request,to please step forward at this time.
Carol Anderson, 1441 East Bexley Park Drive, Delray Beach, FL
33445 (Director of Outreach for S.A.F.E.), supports the project and stated they are
excited that they are providing bicycle facilities and is a project that will allow people to
live, work, and play downtown.
Kevin Homer, 319 S.E. 3rd Avenue, Delray Beach, FL (Osceola Park),
supports moving forward with this project because he feels it is a crime-ridden
dilapidated pocket that is very run down and could really use this project. Mr. Homer
stated he likes the concept of a multi-use project. He commented about the traffic issues
in Delray and now someone has the ability to buy a condo and work downstairs because
of the office space. Mr. Homer stated Joe White, Richard Jones, and Jim Knight are great
leaders in this community and they are doing some great things to change it. Mr. Homer
thanked Commissioner Jacquet and Commissioner Gray for serving on the City
Commission regardless of the Election outcome.
Albert Jerome, 229 S.E. 2nd Avenue, Delray Beach, FL, stated 1st
Avenue is empty, the grass is overgrown, and there is no activity. Mr. Jerome stated he
supports this project because he feels it is a good project for Delray Beach.
Vin Nolan, Economic Development Director for the City of Delray
Beach, stated he has been working with Mr. White encouraging him to bring his law firm
to Delray Beach. Mr. Nolan stated it is part of a grouping of improvements to that area
south of Atlantic Avenue but it does bring some additional office capacity. He stated it
leads toward what everyone would like to see that being additional mixed-use
improvement in that south of Atlantic area.
There being no one else from the public who wished to address the
Commission regarding the conditional use request,the public comment was closed.
Mrs. Gray asked if the project was required to have any Workforce
Housing. Mr. McDonnell stated they are required to have nine (9) units. Mr. McDonnell
stated there is office and retail on the northern site; the southern site has retail and
residential.
Mrs. Gray asked if these were to be combined would they be under the
amount required. Mr. McDonnell stated they would still be over it but it would drop the
number from 67 to 50 (30 is allowed by right; when someone goes over 30 they have to
come before the City Commission and get conditional use approval). Mrs. Gray stated
the Commission approved Uptown and commented that all that falls into the same type of
approval. Mr. McDonnell stated it has similarities. Mrs. Gray stated she is very excited
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about this project for the jobs that it will be creating Class "A" office space, more livable
space in the core downtown. Mrs. Gray stated she is excited that the south side of it is
being redeveloped; this is a unique piece of property and she fully supports it.
Mr. Frankel stated there were comments made by the public about what a
dead area this is and The Mark is a residential project just south of it. He stated to have
the retail office space and The Loft component which has been so successful at Ocean
City Lofts this project would be a great improvement to the area. Mr. Frankel stated this
project will be a great improvement to an area that is much needed and he fully supports
it.
Mrs. Petrolia stated she has an issue with shared parking and feels the City
is selling itself short downtown with parking and it is only going to be a problem that is
further exasperated. Mrs. Petrolia commented about the 5% of the ground level to be
dedicated to retail but only 5% is going to be dedicated to the retail. Mr. Jones stated the
,-, ,DR that the City would be seeking relief from by means of a waiver would be for
reducing the amount of non-residential space and the LDR's state 50% of that use should
be non-residential. Mr. Jones stated there are a lot of fitness centers along the rights-of-
way in the downtown and they want to give it the feel of the commercial to have that
additional mixed-use feel; however, it was not counted in the calculations. Mr. Jones
stated they have achieved 50% of the frontage but not 50% of the floor area. Mrs.
Petrolia stated she thought the whole idea was to create a mixed-use feel; they are
looking at 5% of a retail space versus what is called for in this area as being 50%. Mrs.
Petrolia asked what the City is getting for that. Mr. Jones stated with regard to the area
that is being proposed; Atlantic Avenue is a great location for retail and restaurants;
Pineapple Grove is considered a second tier for retail and restaurants. Mr. Jones stated
this area had not been considered a retail area; The Mark put some retail in and had a nice
shirt place on the bottom but could not survive and had to move out and now that is office
space on the corner. Mr. Jones stated the City can get an extension of the downtown foot
traffic that comes off of Atlantic Avenue. Mr. Jones stated there is going to be a
completed streetscape that offers a variety of residential, office, and retail in a mixed use
type setting that will bring people down these two blocks where they ordinarily would
stop and turn around and go back down Atlantic Avenue. Mrs. Petrolia stated the reason
it is so successful from her perspective into areas like Pineapple Grove is because there is
retail all the way down and there is even a push back to get the office space off that
ground floor level to make it all retail in order to invite the traffic down.
Mr. Jones stated at one point Pineapple Grove was not the most inviting
place as well but you have to start somewhere and feels this could be start by bringing in
50% of the frontage of the retail plus the 16,000 square feet of Class "A" office space
plus the 76 for sale units. Mr. Jones stated this is the catalyst that can lead to more retail
filling in and feels this project is a good start. .
Mr. McDonnell stated when they first had a pre-application meeting with
the applicant the Planning and Zoning staff was excited that there was a non-residential
component in this building.
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Mr. Jacquet stated one of the great things about the City of Delray Beach
is its diversity (i.e. the uniqueness of the different quadrants of town such as Pineapple
Grove, Lake Ida, Osceola Park, the Northwest/Southwest communities, and the beach).
Mr. Jacquet stated when people think of where the city should be in 10-15 years it is
detrimental to the future if we think of every area of the city as the same. Mr. Jacquet
stated he has lived in this area of town since 1996 and he has seen the transformation that
is now happening. Mr. Jacquet stated the City is beginning to see what they have been
asking for in the SOFA area. Mr. Jacquet stated this area is unique and it is a dead zone.
He applauded Mr. White from relocating from Boca to Delray Beach. He stated to make
50% of the floor area retail would not work. Mr. Jacquet stated he likes the idea of
having a gym on the ground floor, the 5% of the retail because it is just enough to keep
people walking. He stated this is urbanism, walkability, and a seamless downtown. Mr.
Jacquet stated he feels this project will work because S.A.F.E. supports it, 30% one-
bedroom for sale not rental, green certification, workforce housing component (20 plus
employees law firm moving to Delray Beach from Boca), economic development to that
area, consistent with the Master Plan of having people live, work, and play in the
downtown.
I
Mayor Glickstein stated the reason they had discussion about including the
waivers is because they recognize that the Commission in reviewing a conditional use
does not get the opportunity to see the totality of the project. Mr. Jones briefly reviewed
the waivers and stated waivers #1 and #2 should remain as is; with regard to waivers #3,
4, 5, and 6, Mr. Jones stated he will be able to handle those architecturally. Mr. Jones
stated then they would just be left with #7 related to retail. Mayor Glickstein asked if
both parcels are owned by the same party. Mr. McDonnell stated both parcels are owned
by Mr. White. Mayor Glickstein inquired about whether there would be a covenant
running with the land with this approval regarding the combined parking. Mr.
McDonnell stated he does not believe there has been a situation like this in the past and
staff will have to deal with this as they move forward but right now they need to get
through the conditional use. Mr. McDonnell stated there was discussion at the pre-
application meeting that there would need to be a Unity of Title to tie the two properties
to ensure that shared parking would be in place in perpetuity. Mayor Glickstein
suggested that sharing parking for 50 spaces should be coming to the Commission as part
of the application.
Joe White, owner of both buildines, noted they were purchased at
different times.
Mr. McDonnell stated if the Commission approves the conditional use
tonight that will be a requirement as it moves forward with the Class V to SPRAB.
Mayor Glickstein stated the architecture is suitable for the area. Mayor
Glickstein stated unlike Atlantic Crossing where because of the geography of the
property and the physical constraints abutting it there are and remain very significant
traffic concerns this location is well suited for conditional use and higher densities. He
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stated the grid is fully intact and is in an area where people can access this property
without getting on to Atlantic Avenue where it bottlenecks. Mayor Glickstein stated
unlike Atlantic Crossing which is a waterfront development that he did not feel met the
threshold of a conditional use, this is a transitional neighborhood so the discussion of
where and when to him is always relevant and is appropriate here. Mayor Glickstein
stated this project is going to be a real catalyst to the area. In terms of the proportion of
retail in this area, Mayor Glickstein stated he too feels you have to start someplace and
although it is hard to predict pedestrian/movement trends, he feels there is enough here to
satisfy the intent. Mayor Glickstein stated there is a higher vested interest in ownership
than in rental properties in particular institutional ownership and he supports the project.
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 subject to the conditions set
forth in Exhibit "A", seconded by Mr. Jacquet. 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.E. PROPOSED CHANGES TO RULES OF PROCEDURE FOR THE
CITY COMMISSION: Consider approval of the revised Rules of Procedure for the City
Commission to comport with recent ordinance changes.
The Interim City Attorney stated this item is to clarify that the City
Commission would follow the voting requirements as set forth in the City's Charter to
comport with the recent changes per Ordinance No. 32-13 which is scheduled to go on
the referendum for a vote on March 11, 2014. Also, the Interim City Attorney stated the
changes to the local rules are to reflect that a new Board member that has been selected to
replace a prior Board member who has not fulfilled their entire membership shall serve
the full term of the prior Board member without reappointment so long as that unexpired
term is for a period of less than six (6) months per Ordinance No. 15-12. In addition, the
Interim City Attorney stated she added a provision regarding civility and changes to
reflect that the public may speak for three (3) minutes at regular Commission meetings
and two (2) minutes at the Workshop Commission meetings.
Mr. Jacquet made reference to Section II.A.9 (a-e) of the Local Rules and
stated the language needs to reflect not that this is just expected from the public but that
this is also expected from the City Commission.
Mayor Glickstein suggested that the language state "All comments by the
public, City Commission, and Advisory Board members....."
Mr. Jacquet stated he thought a broad statement such as "Any comments
made at a public meeting (from the Commission or from the public) that when you step
foot in the Commission Chambers everyone should be civil to one another."
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The Interim City Attorney stated she can change this to read "All
comments by members of the City Commission, Advisory Board members and/or the
public shall..." The Interim City Attorney stated 9.a-e would remain as is.
Mrs. Gray concurred with comments expressed by Commissioner Jacquet.
Mr. Frankel stated with regard to the first page of the Agenda Rules for
Public Participation#3 -Addressing the Commission "All comments must be addressed
to the Commission as a body and not to individuals." Mr. Frankel suggested that this also
be included in the Rules of Procedure for the City Commission (Local Rules) not just on
the cover page of the City Commission Agenda. The Interim City Attorney stated she
can add this to language in the Local Rules Section 2.A.8.e. Mr. Frankel asked if
someone violates this what will be done.
Mayor Glickstein stated it is his responsibility as Mayor to stop someone
if they verbally cross the line and then redirect it to the Commission at large.
At this point, Commissioner Frankel left the dais.
Mr. Jacquet stated he feels this is a good measure and the thought of
making sure that people address the Commission is a good point rather than singling out
Commission members. Mr. Jacquet stated he wants to ensure that this addresses the
Commission and the Board members.
Mrs. Petrolia stated she feels it has to be kept civil but if somebody has a
concern that is the public's right. She supports this from the standpoint of the public; it is
their time to be able to address an issue with the Commission. Mrs_ Petrolia concurs that
people should not be singled out but also does not think anyone should be stifled from
expressing their concerns. Mrs. Petrolia stated what the Commission is hearing from the
public who get up and speak has to do with the frustration level of this city,not feeling
like they are being heard. She agrees that it should not be coming from the dais out.
Mrs. Petrolia inquired about the strikethrough of the word majority vote and replaced it
with motion (Local Rules A.3.). The Interim City Attorney clarified that this would be
pursuant to Section 3.12.C. of the City Charter. With regard to Section 8.d.2., Mrs.
Petrolia asked why this section is being removed. The Interim City Attorney stated she
can revise this to state "There shall be no votes taken on any non-published/non-
agendaed items, except upon the declaration of an emergency in which case voting shall
be required by Section 3.12 of the City's Charter." Mrs. Petrolia asked why Section
III.A.6. is being removed. The Interim City Attorney stated this being removed because
if there is a conflict of a vacancy the Commission may have less than four(4) members.
Mr. Jacquet asked if Section 8.d.2. covers if there are only two (2) City
Commission members and they need to do business that there must be three (3) and if
there is only three (3) then it must be unanimous; also, there was discussion that if there
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is an emergency and there are only two (2) Commissioners (i.e. vacancy, etc.) then the
City Commission would still be able to do business with two (2) Commissioners at which
point they would need a unanimous vote of two (2). The Interim City Attorney stated
Section 3.12 addresses everything that Commissioner Jacquet is referencing and noted
there is nothing specific with regards to emergencies. Therefore, the Interim City
Attorney stated the Commission would just follow the requirements of the City Charter in
order to be consistent. The Interim City Attorney stated she agrees that the Commission
should not be voting on non-published/non-agendaed items and that is not included in
Section 3.12 of the City's Charter.
Mr. Jacquet moved to approve the proposed changes to the Rules of
Procedure for the City Commission as amended, seconded by Mrs. Petrolia. Upon roll
call the Commission voted as follows: Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mrs.
Gray—Yes; Mayor Glickstein—Yes. Said motion passed with a 4 to 0 vote.
At this point, Commissioner Frankel returned to the dais.
9.F. SETTLEMENT PROPOSAL IN THE CLAIM OF ESTATE OF
BRUCE KOESER: Consider a settlement proposal in the amount of $210,000.00 for
unpaid life insurance to the Estate of Bruce Koeser.
The Interim City Attorney stated this is a settlement proposal for unpaid
life insurance to the Estate of Bruce Koeser in the amount of$210,000.00 on the basis of
despite biweekly deductions from Mr. Koeser for almost two (2) years the paperwork was
not properly submitted. Therefore, the Interim City Attorney stated staff recommends
approval of this settlement proposal.
Brief discussion between the Interim City Attorney and Mrs. Petrolia
followed.
Mayor Glickstein asked what the City currently has in place with regard to
checks and balances so this does not happen again. The City Manager stated there is a
different person who is now responsible and is in charge of those responsibilities and the
City has also audited all the accounts to ensure that every employee is properly accounted
for and staff will continue to audit on a continuous basis to make sure that people's
paperwork is properly accounted for and submitted.
Mayor Glickstein stated this is not really a check and balances because the
City is auditing backwards and forwards but that does not prevent a problem. Mayor
Glickstein suggested that there is disclosure to the employees because other employees
may not know that a physical may be required and may not know the normal protocol.
Furthermore, Mayor Glickstein suggested that there be an action guide for employees so
the employees know what to expect if they are applying for this way there is
accountability on the front end from the employee and there is also accountability on the
back end so that Human Resources is going through employees where they are checking
off information that they have a paper trail of what has been disclosed and what options
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there are for employees. Mayor Glickstein asked the City Manager to look into this with
Human Resources and work on this.
Mrs. Petrolia moved to approve the settlement proposal in the amount of
$210,000, 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 8:40 p.m., the Commission moved to Item
11,First Readings.
11. FIRST READINGS:
11.A. ORDINANCE NO. 03-14 Consider a privately-initiated small-scale
Future Land Use Map (FLUM) amendment from TRN (Transitional) to MD (Medium
Density Residential 5-12 du/ac) and an associated amendment to the FLUM to identify
that the property is included within the Southwest Neighborhood Overlay District a
parcel of land located on the south side of S.W. 1St Street, between S.W. 1St Avenue and
S.W. 2nd Avenue within the Coda Development. If passed, a public hearing will be held
on March 4, 2014.
The caption of Ordinance No. 03-14 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA
ADOPTING A SMALL-SCALE COMPREHENSIVE
PLAN AMENDMENT, PURSUANT TO THE
PROVISIONS OF THE "COMMUNITY PLANNING
ACT", FLORIDA STATUTES SECTION 163.3187, FOR
A SMALL-SCALE FUTURE LAND USE MAP
AMENDMENT FROM TRN (TRANSITIONAL) TO MD
(MEDIUM DENSITY RESIDENTIAL 5-12 DU/AC) FOR
LAND LOCATED ON THE SOUTH SIDE OF SW I ST
STREET, BETWEEN SW 1ST AVENUE AND SW 2ND
AVENUE, AS MORE PARTICULARLY DESCRIBED
HEREIN AND AN ASSOCIATED AMENDMENT TO
THE FUTURE LAND USE MAP TO IDENTIFY THAT
SAID PROPERTY IS INCLUDED WITHIN THE
SOUTHWEST NEIGHBORHOOD OVERLAY
DISTRICT; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 03-14 is on file in the City Clerk's
office.)
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02/24/14
The Interim City Attorney read the caption of the ordinance.
Mr. Frankel moved to approve Ordinance No. 03-14 on FIRST Reading,
seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Jacquet--
Yes; Mr. Frankel — Yes; Mrs. Gray—Yes; Mayor Glickstein— Yes; Mrs. Petrolia— Yes.
Said motion passed with a 5 to 0 vote.
II.B. ORDINANCE NO. 04-14: Consider a privately-initiated rezoning from
RO (Residential Office) District to RM (Medium Density Residential) District for a
parcel of land located on the south side of S.W. 1St Street, between S.W. 1St Avenue and
S.W. 2nd Avenue within the Coda Development. If passed, a public hearing will be held
on March 18, 2014.
The caption of Ordinance No. 04-14 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
REZONING AND PLACING LAND PRESENTLY
ZONED RO (RESIDENTIAL OFFICE) DISTRICT TO
RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT;
SAID LAND BEING A PARCEL LOCATED ON THE
SOUTH SIDE OF SW 1ST STREET, BETWEEN SW 1ST
AVENUE AND SW 2ND AVENUE, AS MORE
PARTICULARLY DESCRIBED HEREIN; AMENDING
"ZONING MAP OF DELRAY BEACH, FLORIDA,
JANUARY 2012" PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 04-14 is on file in the City Clerk's
office.)
The Interim City Attorney read the caption of the ordinance.
Mr. Jacquet confirmed with the Interim City Attorney that this is the
property immediately south of the County's parking garage and east of the Courthouse.
The Interim City Attorney stated it was discussed at the Planning and Zoning Board
meeting that it was zoned what the City is trying to move to and then it was zoned RO
and now it is going back. The Interim City Attorney stated they were trying to put in
office space and because they did not have success with that, they ultimately decided to
build the last building as residential. Mr. Jacquet stated with all the discussion about
needing office space, in his opinion this piece seems perfectly situated. Mr. Jacquet
stated he can see why this went to RO (Residential Office). However., Mr. Jacquet stated
he does not understand why it is going back to RM(Medium Density Residential).
24
02/24/14
Mr. Jacquet moved to approve Ordinance No. 04-14 on FIRST Reading,
seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel
—Yes; Mrs. Gray—Yes; Mayor Glickstein—Yes; Mrs. Petrolia—Yes, Mr. Jacquet—Yes.
Said motion passed with a 5 to 0 vote.
11.C. ORDINANCE NO. 06-14: Consider a privately-initiated amendment to
the Land Development Regulations (LDR) by amending Article 4.7, "Family/Workforce
Housing", Section 4.7.1, "Definitions", Subsection (P), "Southwest Neighborhood
Overlay District", to expand the area as shown on the map by repealing the existing map
and replacing it with a new one; and by amending Section 4.5.9, "The Southwest
Neighborhood Overlay District", to correct a scrivener's error. If passed, a public
hearing will be held on March 18, 2014.
The caption of Ordinance No. 06-14 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES, BY
AMENDING ARTICLE 4.7 "FAMILY/WORKFORCE
HOUSING", SECTION 4.7.1 "DEFINITIONS",
SUBSECTION (P) "SOUTHWEST NEIGHBORHOOD
OVERLAY DISTRICT" TO EXPAND THE AREA AS
SHOWN ON THE MAP BY REPEALING THE
EXISTING MAP AND REPLACING IT WITH A NEW
ONE; AND BY AMENDING SECTION 4.5.9 "THE
SOUTHWEST NEIGHBORHOOD OVERLAY
DISTRICT" TO CORRECT A SCRIVENER'S ERROR,
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 06-14 is on file in the City Clerk's
office.)
The Interim City Attorney read the caption ordinance.
Mr. Jacquet moved to approve Ordinance No. 06-14 on FIRST Reading,
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.
12. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
12.A. City Manaser
25
02/24/14
The City Manager stated the City invited Representative Hager and
Senator Sachs today to discuss issues that were of particular importance to Delray Beach.
The City Manager recommends that Mayor Glickstein send a letter to those two who
were not present to talk to them about the issues that are of particular importance to the
City of Delray Beach when they go through their legislative process. The City Manager
stated his memorandum to the City Commission gave a summary of things with the
exception of one item that was not included that Representative Powell spoke about.
Secondly, with regard to the Barwick Road issue, the City Manager stated
in order to do a continuous sidewalk from Atlantic Avenue to Banyan Creek Elementary
School is estimated to cost approximately $400,000. The City Manager stated the City
does not have $400,000 in the General Fund Capital budget to build a sidewalk. The City
Manager stated he believes children's safety is important to the City of Delray Beach.
The City Manager stated the Police Department has been out there to get a gage
regarding the speeding occurring on Barwick Road and noted that he and staff will meet
next week to discuss what they are going to do with the plastic piping along Barwick to
separate out the existing sidewalk from the travel-lane.
The City Manager stated he is down to the final candidates for Assistant
City Manager. The City Manager stated he will be re-advertising for the Finance
Director and Planning Director because the City did not receive the response that they
needed or people withdrew at the final stages; he stated the City is down to one or two
choices and feels there should be more than just two applicants.
I
The City Manager stated during the calendar year 2013 there were 313
police service calls for panhandling.
He stated he is adding a Buyer position in the Purchasing Department
which will bring the Purchasing Department to a staff of three (3).
The City of Delray Beach will receive the Best Restored Beach Award for
2013 on February 26, 2014 in Washington, D.C.
12.113. City Attorney
Terrill Pyburn, Interim City Attorney, stated with regard to the Beach
Cabana equipment it is her understanding in speaking with James Scala that the first 100
groupings of equipment has been delivered and Mr. Scala officially inspected it today.
Ms. Pyburn stated the bidder's attorney has indicated that staff had viewed the equipment
on January 13, 2014 and approved it at that point in time where the Commission
discussed the amendment. The Interim City Attorney stated she has prepared a revised
amendment she will send to them tomorrow that will attach photographs of the
equipment that is going to be on the beach. Ms. Pyburn stated it is her understanding that
the bidder is on target to deliver the other 150 groupings by March 21, 2014.
Additionally, the Interim City Attorney stated her office is working on an ordinance
26
02124/14
pertaining to different activities that usually pertain to people who are homeless such as
sleeping in parks and also aggressive panhandling. She stated staff is aiming to get this
on the March 18, 2014 City Commission agenda.
Secondly, Ms. Pyburn stated that the Palm Beach County League of Cities
is having their meeting at the Delray Beach Marriott this Wednesday at 11:30 a.m.
12.C. City Commission
12.C.1. Mr. Jacauet
Mr. Jacquet regarding the temporary fixtures that were removed from
Federal Highway he would like to know from the City Manager if that is something that
can be immediately placed somewhere at a very minimal cost because to do the work that
is required is going to cost the entire Capital Improvement budget. He would like to
know what costs would be associated with the temporary fixtures that were removed
from Federal Highway and how quickly the City can put those down temporarily,
whether it is for 3 or 4 months, while the City works out the details on what the City is
going to do for Barwick Road. Mr. Jacquet stated these temporary fixtures were on
Federal Highway for quite some time and they worked and the collisions have drastically
gone down.
Secondly, Mr. Jacquet stated he has received numerous telephone calls
from residents regarding the Water Department and paying their water bills. He stated a
large number of residents who walk in to pay their water bill are of a second language
and no staff at the window that speaks that language. Mr. Jacquet stated outside of Haiti
Delray Beach, a few years ago, was known to be the largest concentration of Haitians
outside of their homeland Haiti. Mr. Jacquet stated he has asked that the Police
Department reflect the Haitian population because it is part of community policing. He
stated usually it is as simple as a language barrier and the issue gets exacerbated because
they cannot communicate with each other. Mr. Jacquet stated if there are a large number
of people in the city that speak a particular language we need to make sure we reflect that
community.
Mr. Jacquet stated he understands that the ballot has to be in English and
Spanish (State Statute); in Delray Beach the Creole speaking population far outweighs
the number of Spanish speaking population. Mr. Jacquet stated Delray Beach is unique
in its composition and diversity. Mr. Jacquet stated the City has to reflect its
demographics and population if the City wants to serve them. In his opinion, Mr. Jacquet
stated the City would roan smoother and more efficiently if that were the case.
Lastly, Mr. Jacquet stated he had a Press Conference this morning at Pine
Grove Elementary School and the 5ffi graders have not gone to Washington, D.C. in
approximately five (5) years and they were doing a campaign to raise funds. Mr. Jacquet
stated he gave a small donation to help put them over their mark. He stated it was well
attended and the breakfast was nice. He stated it was awesome to see the entire
I
27
02/24/1.4
community come together, both the private sectors as well as City Officials; and, Mayor
Glickstein and Commissioner Gray were acknowledged.
12.C.2. Mrs. Petrolia
Mrs. Petrolia stated she does not believe the City needs a sidewalk all the
way down Barwick Road but it is the small section where the road is the closest to the
sidewalk and there is no barrier in-between. Mrs. Petrolia stated instead of looking at a
$400,000 project right now, the City can do the temporary things immediately that will
project these children until the City can get something more permanent. Mrs. Petrolia
urged the City Manager to reach out to Palm Beach County Mr. Steve Abrams and find
out if there might be some ability to coordinate some of the costs; she stated there is
discretionary funds and since they were once an owner of this road and had promised to
money forward on this at some point, maybe the County would be up to consider it again.
Secondly, Mrs. Petrolia stated with regard to the homeless issue, etc. she is
also seeing loitering everywhere and feels there is a gap in the laws to prevent that from
happening. In addition, she stated this is very detrimental to the way that this city is
presented. Mrs. Petrolia stated it is more common practice to have people hanging in
front of Publix smoking cigarettes and she suggested that the City look at its laws with
respect to loitering and not allow that to happen because it does not make for a
comfortable place to go in.
Mrs. Petrolia stated she would like to discuss the garbage carts. Mr.
Frankel stated he was informed by the Office of Inspector General (IG) that this matter
should not be discussed. Mrs. Petrolia stated she will reserve her comments regarding the
garbage carts.
Lastly, Mrs. Petrolia stated the tennis was fantastic.
12.C.3. Mrs. Gray
Mrs. Gray stated the sidewalks on Barwick Road are very important but
she also discussed concern about other schools that do not have sidewalks. Mrs. Gray
stated she has discussed several times about the safety of other children in other areas that
are walking to Village Academy, Pine Grove Elementary, and Spady Elementary without
sidewalks at all. Mrs. Gray expressed concern over the safety of all the children in
Delray Beach.
12.C.4. Mr. Frankel
Mr. Frankel stated with regard to the food trucks he would like to
participate in this. He suggested that the City Manager look at two very successful cities:
Miami (Arts Districts) and Austin, Texas. Mr. Frankel stated in certain areas of the city
food trucks may work. For example, a food truck may work where Salt Water Brewery is
located because the only other food sold are the hot dogs sold at the Chevron gas station
28
02/24/14
on the corner of Atlantic Avenue and Congress Avenue and he informed the City
Manager that he would like to help and participate in the conversation.
Secondly, with regard to the panhandling, Mr. Frankel stated he has talked
to the Police Officers and they mentioned chairs are being left in the Old School Square
Park. Mr. Frankel stated unless there is a special event or the Green Market he
understands are looking into this matter and appreciates what staff is doing. Mr. Frankel
suggested that the Interim City Attorney speak to the Clean and Safe unit. The City
Manager stated there are ten (10) repeat offenders and a lot of the 313 service calls are
based on those ten(10)repeat offenders.
Mr. Frankel thanked the City Manager for his quick response with regard
to the Planning and Zoning matter. Mr. Frankel stated there is a new business corning to
town and there was an extreme delay in their application and asked if there is a staffing
issue in the Planning and Zoning Department. The City Manager stated the department is
staffed at the 2009 level when the real estate market was at a bigger lull and now there is
a lot more activity. Brief discussion followed regarding the e-filing. Mayor Glickstein
stated there is a cost involved in terms of e-permitting, etc. The City Manager stated this
is one of the features that the City is looking at when looking at a new financial system.
Mr. Frankel commented about the tennis scalping. Mr. Barcinski clarified
that it was the parking valet employees and once his boss was advised he was
immediately removed.
Mr. Frankel stated there are bicycles parked everywhere (i.e. stop signs,
etc.) and inquired about the bicycle racks around the tennis center. Brief discussion
followed by the City Commission that there are not enough bicycle racks.
Lastly, for the record, Mr. Frankel stated some attendees at the tennis
event were Miami Heat Coach and NBA Hall of Famer Bob Macabee, professional golfer
Mark McNulty, Greg Norman, and Jack Nicholas. Mr. Frankel stated the Bryan brothers
had a great doubles final and was broadcast all over the tennis channel. Mr. Frankel
stated the tennis event was a great event for the city and well done by everyone involved.
12.C.5. Mayor Glickstein
Mayor Glickstein stated an assault occurred on Andrews Avenue between
the west side of the Marriott Hotel and the little parking lot behind Ben and Jerry's ice
cream store. Mayor Glickstein stated two young men were walking north on Andrews
Avenue at about 6:00 p.m. and they were attacked by five males four of which have been
arrested and one is still at large. Mayor Glickstein stated he feels this is systemic of some
of the other things that the Commission has brought forward. He stated in particular in
the beach area there seems to be this notion that you can park anywhere now. Mayor
Glickstein stated this is part of the problem that he has addressed with the City Manager
that he has not received an answer back that Code Enforcement does not work when the
City has Code problems. Mayor Glickstein stated with regard to Code Enforcement, the
29
02/24/14
point about the Planning Department, and the sidewalks all speak to that the City has to
identify new revenue sources. He stated some of the solutions may not be popular; the
Commission has discussed parking recently along with some other things. He stated with
regard to all the positive attributes that happen at the tennis stadium the City spends $2.5
million a year on the tennis stadium. Mayor Glickstein stated unless the City identifies
new sources of revenue and we are dependent on the economic cycles of taxable revenue
then the City is vulnerable. Mayor Glickstein stated the Code Enforcement issue is huge
and noted these problems are getting worse.
Mayor Glickstein stated the City has to find new resources and there are
different problems and feels the City needs to start rethinking differently. These
problems will not be solved with the same ways the City has dealt with it before.
Mr. Jacquet stated he recalls the Commission had previously discussed
this and he was under the impression the City was moving forward so he has been
informing people that the City is moving forward with this.
Mayor Glickstein stated he previously asked specifically for feedback
from the Police Department and Community Improvement about the pros and cons of
moving the Code Enforcement division into a more 2417 environment than what the City
has now because the City's problems are not 9-5.
There being no further business, Mayor Glickstein declared the meeting
adjourned at 9:15 p.m.
City Clerk
ATTEST:
MAYOR
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 24, 2014, which Minutes were formally approved and adopted by the City
Commission on April 16, 2014.
City Clerk
30
02/24/14
NOTE TO READER: r
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.
31
02/24/14
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
APPEAL OF ADMINISTRATIVE.DETERMINATION REGARDING BUDDHA SKY BAR
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. This appeal of the denial of an administrative waiver request to allow the
consumption of alcoholic beverages on property outside Buddha Sky Bar, from 11:00
a.m. to 5;00 p.m. on March 15, 2014, pursuant to Ordinance Section 113..02(B) has
come before the City Commission on February 24, 2014..
2: The Appellants, Appellee and City staff presented documentary evidence
and testimony to the City Commission pertaining to the appea! of the denial of an
administrative waiver request to allow the consumption of alcoholic beverages on
property outside his business pursuant to Ordinance Section- 11&02(B). All of the
evidence is part of the record in this case.
3.. The City Commission finds. there is ample and competent substantial
evidence:to support its findings in the record submitted and adopts the facts contained:
in the record including but not limited to the staff reports,testimony of experts and other
competent witnesses supporting these findings.
4. Based on the entire record before it, the City Commission approves
denies the appeal subject to the conditions set forth in Exhibit "A" The City
Commission hereby adopts this Order this 24th day of February, 2014, by a vote of
5 in favor and b opposed.
y Cary D. Gtr s n, Mayor -
ATTEST
Che4,elle Nubin.. _
City Clerk fV
Regular Meeting February 24,2014
L. -
i
j Exhibit "N'
Conditions
1.. The appellant must adhere to the site plan and enclose the entire site with 6'
chain link or similar type fencing_
2. The appellant must confirm that they have hired private security guards or off
duty law enforcement personnel to ensure patrons remain on site with alcohol.
beverages.
3. The appellant must process their application through the: State Department of
Business. Regulations with a copy of their,Temporary License. sent to the City
M'anager's Office by March 10, 2014,
Regular Meeting February 24,2014
2
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH; FLORIDA
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORID.A.
I.. This appeal of the Site Flan Review and.Appearance .hoard's January 22,
2014 denial of a waiver request.to allow :a; wall sign that does not meet sign code
requirements for the Chase Bank. at 177 South Federal Highway Came before the City
Commission on February 24, 2614.
2. The Appeilee and City :staff presented documentary evidence and
testimony to the.City Commission pertaining to.the appeal of the Site Plan Review and
Appearance Board's denial of the waiver request to allow a wall sign that does not meet
sign code requirements;for the Chase Bank at 177 South Federal Highway. All of the
evidence is part of the record in this Case. Required findings are,made in accordance
with Subsection I.
I. Waiver to LDR Section 4.6;7(E)(7) Pursuant to LDR Section. 4,6.7(E)(7), wall
signs must face the dedicated street frontage. The applicant is .asking for a waiver to
allow the wall sign over the main entrance on the east elevation and facing the interior
parking lot_
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 waives
would be granted: under similar circumstances on other property for
another applicant or owner.
Should the waiver to Section 4.6.7(E)(7) to allow a wall sign on the east
elevation, not facing dedicated street frontage, be granted subject to
conditions stated on Exhibit"A"?
Yes. . ✓ No .
Regular Meeting February 24,2014
3. The City Commission has applied the LDR requirements in existence at
the time the original site plan was submitted.
4. The City Commission finds there is ample and competent substantial
evidence to support its findings: in the record submitted and adopts the 'facts contained
in the record inc[udmg;but not-limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings_
5 Based on the entire record before it, the City Commission approves ✓
denies the appeal subject to the conditions stated on Exhibit ''A" and hereby
adopts this Order this 24th day of February, 2014 by a 'vote of . 4 in favor and
0. opposed
ATTEST,1' "r
Cary D. GlAzioln, Mayor
City clerk,
I
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I
Regular Meeting February 24,2014
2
Exhibit "A"
The.sign on the south elevation shall be removed.
Regular Meeting February 24,2014
3
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
WAIVER REQUEST TO ALLOW DELRAY KIA:TO TEMPORARILY USE
2501 SOUTH FEDERAL.HIGHWAY FOR THE STORAGE OF
AUTOMOBILES FOR A PERIOD OF TWO YEARS
1. This waiver request came: before the City Commission on February 24,
2014.
2. The Applicant and City' staff presented. documentary evidence and
testimony to the City Commission pertaining to the Waiver request to allow Delray Kia to
temporarily use 2501 South Federal Highway for the storage of automobiles for a period
of two years. Ail of the.evidence is a part of the record in this case. Required findings
are made in accordance with Subsection I_
1. WAIVERS:
A. Pursuant to. Section 30,15. "Waivers of City Ordinances" of the Code of
Ordinances of the City of Delray Beach,the City Commission has the authority to
waive or otherwise modify the written provisions of City's Code of Ordinances.
The City's Land Development Regulations are. incorporated into the City's Code
of Ordinances pursuant to Section 1.51.01 "Land Development; Regulations
Adopted by Reference
Pursuant to LDR Section 2.4.6(F), the City Commission or the Chief Building
Official. may grant a temporary use permit for the following types of uses:
• Circuses or Carnivals
• Uses•under a Tent
• Sales Offices and Models at a Residential Development
• Construction Trailers and Compounds
• City Operated Seasonal Farmer's Market
• Temporary Parking Lots
• Horse Drawn Carriage.. Rides, Ice Skating.. Rink, Carousel, and Other
Related Holiday, Seasonal/Temporary Uses
1
Regular Meeting February 24,2014
The applicant is ;asking for a waiver to modify the list. of temporary uses to allow
temporary storage of automobiles on South Federal Highway_ This modification
will expire.February 24; 2016.
Should the list, of temporary uses in Section 2.4.6(F) be temporarily
modified to allow for temporary storage of automobiles?
Yes V, No
B 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 circ.urnstances on other
property for another applicant or owner.
The applicant is asking for a waiver to modify the list of temporary uses to allow
Delray Kia to temporarily use 2501 South Federal. Highway for storage of
automobiles for a period not. to exceed two years,, subject to the conditions
attached in Exhibit"A".
Does the waiver request. to allow Delray Wa to. temporarily use 2501 S.
Federal Highway for storage.of automobiles for up to 2 years subject.to the'
conditions attached in Exhibit"A" meet all the requirements of 2.4.7(B)(4)?
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 determinatioris set.forth in this Order are consistent with the
Comprehensive Plana
4, The City :Commissior 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,
2
Regular Meeting February 24,2014
5. Based on the entire record before it; the City Commission.
approves !' denies this waiver requests subject to the conditions listed in
Exhibit "A":
6_ Based on the entire record before it, the City Commission hereby adopts
this Order this 24th day of, February. 201.4, by a vote of 5 in favor and
opposed., w n. i';wsxnti t
t -
re
ATTEST: Gliekstein, Mayor
Che��,lle Nubir, city°Cie k
I
3
Regular Meeting February 24,2014
Exhibit"N'
That the landscaping and irrigation be brought up to the approved, landscape plan along the
north, south., and west sides.of the property.
2. That the existing site lighting be reviewed and.:certified by an Electrical Engineer that they
are functioning properly.
3. That the debris, roll-off dump.ster; construction equipment, and graffiti be removed and
painted over; and the property maintained, in a clean and orderly manner.
4. That the temporary use is valid for a period of two years with an expiration date of February
24, 2016.
5. That.the temporary use is exclusive and limited to the storage of vehicles; commercial sales
and./or service is prohibited at this location until such time as a dealership is approved and
established'.
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4
Regular Meeting February 24,2014
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH; FLORIDA
CONDITIONAL.USE MODIFICATION REQUEST
FOR SOFA,DISTRICT OFFICES AND LOFTS
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
I This conditional use.request to increase. the residential density of the
project to 67.6 dwelling units per acre for:the SOFA District Offices and Lofts, located orb
the east side of SE.1st_Avenue, south of SE 1st.Street at 111 SE 1St Avenue, has come
before the City Commission on February 24; 2.014.
2: The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the conditional use request for the SOFA
District Offices. and Lofts. All of the evidence is a part of the record in. this case.
Required findings are made; in accordance with Subsections I and 11.
1. COMPREHENSIVE PLAN
a. -Com rehensive Plan - Future Land Use Element Objective.A-1: This
objective requires that the property shad be developed or redeveloped as it.pertains: to
height, in a.mariner so that the future use. and intensity is appropriate in terms of soil,.
topographic, and other applicable physical considerations, is complementary to adjacent
Land uses, and fulfills remaining land use needs.
Is the Future Land Use Element Objective.A-1 met?
Yes ✓ No
b. Future Land Use Map: `The resulting use of land or structures must be
allowed in the zoning district within which the land is situated and said zoning must be
-consistent-with the applicable land use designation--as-shown-on the Future Land Use
February 24,2014 Regular Meeting-SOFA
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i
I I
i .
Map. The subject property has a Future Land Use Map designation of Commercial.
Core and is zoned Central Business District.
Is the project's proposed location consistent with the Future Land
Use Map?
I
Yes No
C. Concurrence Facilities which are provided fey, or through; the City
,shall be provided to new'.development concurrent with issuance of a. Certificate of
Occupancy. Those facilities shall be provided pursuant to levels of service established
within the Comprehensive Plan:
Co.ncurrency as defined pursuant.to Objective B-2 of the Land Use Element of
the Comprehensive Plan must be met and a. determination made that the public facility
needs of the requested land use andfor development application will not exceed the
ability of the City to fund and provide, or to require the :provision of, needed capital.
improvements for the following.areas,
Are the concurrency requirements met as respect to water, sewer,
drainage, streets and traffic, parks, open space, solid waste and
schools?
Yes ✓ No:
d Consistency: Will the granting of the conditional use be consistent with
and further the goals and policies of the Comprehensive Plan?
Yes 4 No 1
I.I. LDR REQUIREMENTS:
a. LDR Section 2.4.5(E) Required Findin s, Conditional Use):
to Section 2.4.5(E)(5), in addition to provisions of Chapter 3,the conditional Use will`'not
1: Have a significantly detrimental. effect upon. the stability of the
neighborhood,within which it will be Iocated
- - - -- - - 2. - Hinder development or redevelop-meet of nearby properties: ---
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Are Secfion 2.4.5(E)(5) requirements met?
Yes No
b. Increase in Density. Pursuant to LDR Section 4:4.13(1), an increase.
in density greater than 30' dwelling units per acre may be approved by the City
Commission as. a conditional use for property within the Central Core portion of the
CBD, provided that 20% of the residential units above 30 dwelling units per acre in the
commercial core shall be workforce housing units. The workforce housing,units shall be
divided between low and moderate income levels and shall be provided either onsite,
offsite or through a monetary contribution-
1 The applicable. performance standards for development under this
section are met as follows:
(a) The development offers va'riat;on in design to add interest to
the elevations and relief from the building mass.
(b) If the building includes a. parking garage as an associated
structure or within the principal building, the garage elevation provides Unified
design. elements with the. main building through. the use of similar building
materials and color, vertical and.horizontal elements, and architectural style.
(c) A. number of different unit types, Sizes, and floor plans are
available within the development. Two and three bedroom units are encouraged,
as are a combination of multi=level units and flats, In projects consisting of more
than twelve (12) dwelling units, the proportion of efficiency or studio type units
may not exceed 25% of the total units.
(d) The project design shall create an overall unified
architectural character and image by the use of common elements between the
building(s), parking lot, and landscaping.
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(e) The development provides common areas andlor amenities
for residents.such as swimming pools., exercise rooms, storage rooms or lockers,
covered parking; gardens, courtyards or similar areas and/or amenities.
(f) The development promotes pedestrian movements by
providing convenient access from the residential units to the public sidewalk
system.,.:
(g) The development provides opportunities to share parking,
accessways; driveways, etc., with adjoining properties, or provides. additional
parking spaces that.may be used by the public.
(h) Projects fronting onAtlantic Avenue; NON/SW 5t"Avenue, NE
1s' Street or SE 1St Street contain nonresidential uses on the ground floor_ At
least 75%a of the surface area of the front street wall(s) at the ground floor areas of
each such building is devoted to display windows and to entrances to commercial.
i
uses from outside the building-
(i) The landscape. plan for the development preserves and
incorporates existing native vegetation (where available), provides new
landscaping that is in excess of minimum standards (in height and quantity},
demonstrates innovative use of plant material, improves site design, provides
useable open space or public plazas, and maximizes available areas for
pedestrian
Are the requirements for an increase in density under Section
4.4.13(1)met?
Yes 4 No 1
3. The comments and notes set forth in the staff report are hereby
incorporated herein..
4. :The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the conditional use request Was submitted:
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5. 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.
6. Based or the entire record before it, the City Commission:approves
denies the conditional Use request set forth above subject to.the conditions set
forth in Exhibit A, attached hereto and made a part hereof, and hereby adopts this order
this 24th day of February,. 2014, by a vote of 5 in favor of. proval and 0
opposed.
K Cary.6 Gl- ks in, Mayor
ATTE�T;
-Yl f
Che lie Ni in
City C€erk
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kitl
February 24,2014 Regular Meeting-SOFA
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i
EXHIBIT A
TO THE CONDITIONAL USE MODIFICATION
REQUEST FOR SOFA DISTRICT OFFICES AND LOFTS
1. That the applicant submit. an application for Class 'V"Site Plan Approval which at a
minimum addresses the following issues recommended by the Planning & Zoning
Board on January 27, 2014;
a.. A contribution of approximately one-half the cost of a bus shelter must be paid
prior to certification of the site plan for the'development for the Sofa District
Offices site.
b The amenity deco should be designed. to minimize the transmission of noise
into the surrounding area.
c; Amplified, music will`.not be permitted on the amenity deck areas.
d, A note shall be placed on the site plan to indicate nine and one-half feet (9.5')
of height in the parking garage to allow the access of handicap vans..
e. A waiver to LDR Section 4:6.18..1 14,1Y.2.,whereas the minimum transparency
or glass surface area on. the. ground floor wall area of all non-residential
buildings shall be a minimum of 75% of the wall area for that elevation._ The
.site data chart indicates that the percent of proposed transparent' Or glass
surface area provided on the ground .level is 57.87%v along SE 15t Ave..
f. A waiver to LDR.Section 4.4.135.4.c.2.,, whereas the floor area for each floor
contained within the: portion of the structure that is 2.5' to 48' in height shall not
exceed (seventy percent) 70% of the floor area contained within the allowable
ground level footprint. The 3rd, 4t" and 5tt' levels fall within this height range.
One hundred nighty-seven (187°fo) is proposed, whereas seventy percent
(70%) is the maximum.
g. A waiver to LDR Section 4.4.13(F)(8), whereas balconies, loggias, trellises and
roof eaves may encroach: into the required setback area up to a:maximum of
four feet (4')_ Five foot (5) balconies appear to encroach into the rear setback
area along the alley on all upper floors-..
h. A waiver to LDR:Section 4.6.16(H)(3)(d), whereas a five foot (5) landscaped:
buffer shall be provided between the off-street parking area or other vehicular
use area and abutting property. No ;landscaping is provided on the ground
level to separate the ground floor bicycle storage area and the twenty-four foot
(24') wide two-way driveway access ramp to the upper level parking garage
along the west property line.. Thus, a zero foot (0) landscape: buffer is
proposed..
i. A waiver to LDR Section 4.4.13,F.4.c.2.., whereas upper levels between 25
and 4�8 feet-in height must be-setback a.minimum.o'f 1.5 feet-for_70°fo-of_the
building frontage. Seventy, percent (70%) ; which equates to 267.75 feet, must
February 24,2014 Regular Meeting-SOFA
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be- setback 15 feet, whereas.oniy 57.5 feet is proposed (15 610), a reduction of
55%. The third floor measures.between a height of W-6"and 2.9 feet_
j_ A waiver to L.DR Section 4,6.180)(14)(vi)(4)(b), whereas fifty percent(50%) of
the garage portion of the Building on the ground level to be;dedicated to Use
for retail, office, entertainment or other non-residential uses is required. The
applicant is proposing five percent(5%0) .of the ground level to be dedicated for
retail, office, entertainment or other non-residential uses. If the fitness center is
open to membership by the. public, the percentage rises to nine (90/),
but will still necessitate a waiver.
k- Five (5) additional parking: spaces are required to support the recreational
amenity deck and pavilion on the e floor of the Sofa District Offices building.
1. Provision of a minimum 1'2' x 30' loading space. shall. be provided off of the
existing IT .alley in the rear with convenient .access to a :service elevator
serving all .five(5) floors.
m. Sight visibility triangles. are correctly drawn along the alley and SE 1'�Avenue
which meet the minimum dimensional and visibility requirements between 3'
and 6 ,
.n. A waiver to LDR Section 4.4.13.F.1:C: to reduce the ground.floor ceiling height
from ten feet (10') to nine feet (9.), Nine feet (9') has been proposed on all
levels of the Sofa District Lofts building.
o. Condit'i'on #2 as proposed by S.A.F.E. (Safety As Floridians Expect) from. the
Chairman, James'Jim" Smith dated January 27, 2014 which reads"Provide a
minimum of twenty (20) secured bicycle spaces in the Loft Building and ten
(10)secured bicycle's paces. in the Office Building.
p.. Condition #3 as proposed. by S.A..F,E. (Safety As. Floridians Expect) from. the
Chairman, James"Jim" Smith dated January. 27, 2014 which reads "Construct
a shower/changing room in the.Office Building."
c{. Condition #4 as proposed by S.A.F.E. (Safety As Floridians Expect) from the
Chairman, James "Jim" Smith dated January 27, 2014 which reads "Provide
lockers:for bicyclists and joggers in the Office Building."
r. Condition #5 as:proposed by SA RE. (Safety As Floridians Expect) from the
Chairman, James "Jim" Smith dated January 27., 2014 which. reads "Install an.
automatic door for the Loft & Office Buildings' bicycle storage rooms for ease
of entrylexit:
s. Condition #6 as proposed by S.A.F.E. (Safety As.Floridians Expect) from the
Chairman, James "Jim" Smith dated January 27, 2014 which reads "Purchase
and maintain an electrical: vehicle (street-legal golf cart or similar vehicle) to
provide local transportation for residents within the Loft Building for shopping
and other local use within downtown Delray Beach on a first come,;first served
basis."
t. Condition #S as proposed by S.A.F.E. (Safety As Floridians Expect) from the
Chainnan, James "Jim" Smith dated January 27, 2.014 which reads "Provide
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the following info at each calendar year to SAFE andlor the City of Delray
Beach until all of the units have been sold by the developer: a) The number of
combined Retail or Office, and 'Loft purchases, b) The number of stored
bicycles, arid, c) The number of times Ell was used during each calendar
year."
.u'. The proposed 1,422 sq. ft. fitness center presented as an amenity 'to. the
residents must be available for membership purchase by the: general public.
Adjust shared parking requirements accordingly and modify plans as needed
to demonstrate compliance.
2. Verification from the Palm Beach County School District that the project will meet
school concurrency.
3. Evenly distribute the Workforce Housing (VVFH) units on various floors and in various
locations throughout:the Sofa District Lofts building and assure that each different
type of unit is offered on-site.
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February 24,2014 Regular Meeting-SOFA