12-02-14 Regular Meeting MinutesDECEMBER 2, 2014
A Regular Meeting of the City Commission of the City of Delray Beach,
Florida, was called to order by Mayor Cary Glickstein in the Commission Chambers at
City Hall at 6:00 p.m., Tuesday, December 2, 2014.
1. Roll call showed:
Present - Vice Mayor Shelly Petrolia
Commissioner Alson Jacquet
Commissioner Adam Frankel
Deputy Vice Mayor Jordana Jarjura
Mayor Cary Glickstein
Absent - None
Also present were - Terry Stewart, Interim City Manager
Noel Pfeffer, City Attorney
Chevelle D. Nubin, City Clerk
2. The opening prayer was delivered by Chaplain Anthony Cuseo.
3. The Pledge of Allegiance to the flag of the United States of America was
given.
4. APPROVAL OF NHNUTES:
Mr. Frankel moved to approve the Minutes of the Special/Workshop
Meeting of June 10, 2014 Special/Workshop Meeting, seconded by Vice Mayor Petrolia.
Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes;
Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes.
Said motion passed with a 5 to 0 vote.
Deputy Vice Mayor Jarjura moved to approve the Minutes of the Regular
Meeting of June 17, 2014, seconded by Mr. Frankel. Upon roll call the Commission
voted as follows: Mr. Frankel — Yes; Deputy Vice Mayor Jarjura Yes; Mayor
Glickstein — Yes; Vice Mayor Petrolia — Yes; Mr. Jacquet — Yes. Said motion passed
with a 5 to 0 vote.
Vice Mayor Petrolia moved to approve the Minutes of the Regular
Meeting of August 5, 2014, seconded by Deputy Vice Mayor Jarjura. Upon roll call the
Commission voted as follows: Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein —
Yes; Vice Mayor Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion
passed with a 5 to 0 vote.
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5. PRESENTATIONS:
5.A. Recognizing and Commending Lieutenant General William J. Ely_
Mayor Glickstein read and presented a proclamation to Lieutenant
General William J. Ely into the record. Lieutenant General William J. Ely came
forward to accept the proclamation and gave a few brief comments.
5.B. S.P.I.R.I.T. (Service, Performance, Integrity, Responsibility,
Innovation, Teamwork) Committee) Quarterly Awards Presentation
Scott Solomon, Water/Sewer Network Manager, gave a brief overview of
the SPIRIT Award Program. Mr. Solomon recognized and presented Mr. Chassler Holm
with the quarterly SPIRIT Award.
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.
Interim City Manager Terry Stewart provided a list of responses to prior
public comments to the City Commission and the public.
6.B. From the Public.
6.13.1. Pauline Moody, 609 S.W. 8th Avenue, Delray Beach, FL 33444, asked
what happened to the overstock of garbage carts. Ms. Moody asked if the citizens are
going to get the final tally on how much the contract is regarding Waste Management. In
her opinion, Ms. Moody feels the garbage procurement problem is not fixed and
requested that the City provide her and the public with the final tally of how much this is
costing now.
6.11.2. Bruce Bastian, 675 Enfield Court, Delray Beach, FL 33444, thanked
the City Commission for putting the resolution for Human Powered Delray (HPD) on the
Agenda.
7. AGENDA APPROVAL.
Mr. Frankel requested that Item 8.S., Resolution No. 61-1.4 be moved
from the Consent Agenda to the Regular Agenda as Item 9.A.A.
Vice Mayor Petrolia requested that Item 8.0., Annual Performance
Bo_nusIJCD Sports Group, Inc. be moved from the Consent Agenda to the Regular
Agenda as Item 9.B.B.
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Vice Mayor Petrolia moved to approve the Agenda as amended, seconded
by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor Glickstein —
Yes; Vice Mayor Petrolia — Yes; Mr. Jacquet Yes; Mr. Frankel -- Yes; Deputy Vice
Mayor Jarjura — Yes. Said motion passed with a 5 to 0 vote.
8. CONSENT AGENDA: City Manager Recommends Approval.
S.A. FINAL SUBDIVISION PLAT APPROVAL/DOWNTOWN DELRAY
PROFESSIONAL CENTER: Consider approval of a final plat for Downtown Delray
Professional Center, two medical office buildings located on the north side of S.E. 6th
Street between S.E. 5th Avenue and S.E. 6"' Avenue.
S.B. CONTRACT CLOSEOUT (CHANGE ORDER NO. 1/FINAL)/B & B
UNDERGROUND CONTRACTORS, INC.: Approve Contract Closeout (Change
Order No. 1/Final) in the amount of $5,293.50 decrease and final payment in the amount
of $19,189.57 to B & B Underground, Inc. for completion of the North Lake Ida Area
Water Main Project (Bid No. 2014-11). This is in compliance with Code of Ordinances,
Chapter 36, Section 36.06 (A)(2), "Change Orders; Within the Scope of Work".
8.C. CONTRACT CLOSEOUT (CHANGE ORDER NO.
3/FINAL)/MANCIL'S TRACTOR SERVICE, INC.: Approve Contract Closeout
(Change Order No. 3/Final) in the amount of $33,623.23 decrease and final payment in
the amount of $16,893.00 to Mancil's Tractor Service, Inc., for completion of the N.E. Int
Avenue Improvements Project No. 12-042). This is in compliance with Code of
Ordinances, Chapter 36, Section 36.06 (A)(2), "Change Orders; Within the Scope of
Work".
8.D. CONSENT TO ASSIGNMENT FROM THE DUMONT COMPANY,
INC. TO HAWKINS, INC.: Approve the Consent to Assignment from The Dumont
Company, Inc. to Hawkins, Inc.
1. CONTRACT RENEWAL/DUMONT COMPANY, INC. (d/b/a
HAWKINS): Approve renewal of an annual contract with
Dumont Company, Inc. (Bid No. 2013-01) in an amount not to
exceed $45,000.00 for the purchase and delivery of
Hydrofluorosilicic Acid for use in water treatment. This is in
compliance with the Code of Ordinances, Chapter 36, Section
36.07(A)(3), "Renewals and Section 36.03(A), "Acquisitions of
Twenty -Five Thousand Dollars ($25,000) or Greater". Funding is
available from 441-5122-536-52.21 (Water & Sewer Fund:
Operating Supplies/Chemicals).
8.E. REQUEST FOR A SIDEWALK DEFERRAL/ 1002 SEASAGE
DRIVE: Approve an agreement to defer installing a sidewalk for 1002 Seasage Drive in
the Seasage Overlay District.
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8.F. REQUEST FOR A SIDEWALK DEFERRALS/1031 MELALEUCA
ROAD: Approve an agreement to defer installing two (2) sidewalks on the northwest
corner of Seasage Drive and Melaleuca Road for the property located at 1031 Melaleuca
Road in the Seasage Overlay District.
S.G. ACCEPTANCE OF A RIGHT OF WAY DEED/104 S.E. 1st
AVENUE: Approve acceptance of a right-of-way dedication for the alleys and S.E. 1"
Avenue for Swinton Social located at 104 S.E. 15t Avenue.
8.H. ACCEPTANCE OF A RIGHT OF WAY DEED/202 NORTH
SWINTON AVENUE: Approve acceptance of a right-of-way dedication for the alley to
the rear of 202 North Swinton Avenue located in the Old School Square Historic District.
S.I. HOLD HARMLESS AGREEMENT/KH SANDCASTLES, LLC: ST.
GEORGE: Approve a Hold Harmless Agreement with KH Sandcastles, LLC. to install
and construct utilities in the State right-of-way for the project associated with St. George
Townhomes located on the east side of Federal Highway, north of George Bush
Boulevard.
S.J. AMENDMENT TO THE LICENSE AGREEMENT132 EAST
RESTAURANT: Approve an Amendment to the License Agreement between the City
and Bright Horizons Investment Corporation to add a second floor canopy to encroach
into the right-of-way for 32 East Restaurant located at 32 East Atlantic Avenue.
S.K. LANDSOUTH CONSTRUCTION/PROPOSED TRAFFIC
PATTERN MODIFICATION DURING CONSTRUCTION: Provide authorization
for Landsouth Construction to close the alley between S.E. 4th Avenue and S.E. 5`h
Avenue north of S.E. 2°a Street (250 feet) from January 5, 2015 through November 5,
2016 for Uptown Delray.
S.L. ADVANCED APPROVAL FOR FY 2015 SPENDING GREATER
THAN $25 000IFERGUSON ENTERPRISES INC.: Approval for FY 2015 spending
with Ferguson Enterprises, Inc. in an amount not to exceed $180,000.00 for parts related
to water and wastewater utility operations, maintenance, and repair. This is in compliance
with the Code of Ordinances, Chapter 36, Section 36.02(A), "Sealed Competitive
Method"; Section 36.02(B), "Written Quotations Method", Section 36.02(C), "Direct
Acquisitions Method" and Section 36.03(B), "Multiple Acquisitions from Vendor
Exceeding $25,000.00 in any Fiscal Year".
8.M. ADVANCED APPROVAL FOR FY 2015 SPENDING GREATER
THAN S25,000/HD SUPPLY WATERWORKS: Approval for FY 2015 spending with
HD Supply Waterworks in an amount not to exceed $180,000.00 for parts related to
water and wastewater utility operations, maintenance and repair. This is in compliance
with the Code of Ordinances, Chapter 36 Section 36.03(B), "Multiple Acquisitions from
Vendor Exceeding $25,000.00 in Any Fiscal Year".
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S.N. AMENDMENT NO. 2 TO THE INTERLOCAL
AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY
{CRAWCONSTRUCTION PROFESSIONAL SERVICES: Approve Amendment No.
2 to the Interlocal Agreement between the City and Community Redevelopment Agency
(CRA) to further modify the amount of funding for the projects listed in Exhibit "A" to
reflect the actual amount of funding provided by the CRA for the projects at the end of
FY 2013-14 and close out the fiscal year.
S.O. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.13.11.
S.P. RESOLUTION NO. 60-14/FLORIDA DEPARTMENT OF
TRANSPORTATION DOT /LOCALLY FUNDED AGREEMENT: Approve
Resolution No. 60-14; to provide authorization to execute a Locally Funded Agreement
(LFA) with the Florida Department of Transportation (FDOT) in the amount of
$247,865.40 for the installation of trombone mast arm upgrades at the intersections of
East Atlantic Avenue at Venetian Drive and Gleason Street (Project No. 14-077 and 14-
078). Funding is available from 334-3162-541-6899 (General Construction Fund: Other
Improvement/East Atlantic Gleason/Venetian Signal).
The caption of Resolution No. 60-14 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, APPROVING
THE LOCALLY FUNDED AGREEMENT FOR THE
CONSTRUCTION AND FUNDING OF TROMBONE
MAST ARM TRAFFIC SIGNAL ASSEMBLIES ALONG
ATLANTIC AVENUE AT THE INTERSECTIONS OF
VENETIAN DRIVE AND GLEASON STREET AND
AUTHORIZING THE EXECUTION OF THE
AGREEMENT.
(The official copy of Resolution No. 60-14 is on file in the City Clerk's
office.)
ADVANCED APPROVAL FOR FY 2015 SPENDING GREATER
THAN $25,000.00/TEN-8 FIRE EQUIPMENT: Approval for FY 2015 spending with
Ten -8 Equipment, as a sole source vendor, in an amount not to exceed $65,000.00 for the
purchase of Pierce Fire Truck repair parts and service. This is in compliance with the
Code of Ordinances, Chapter 36, Section 36.02(C)(6)(a), "Sole Source" and Section
36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000.00 in Any Fiscal
Year". Funding is available form 501-3311-591-52.50 (Garage Fund: Operating
Supplies/External Parts) and 5013311-591-52.52 (Garage Fund: Operating Supplies/
C.G. -- Outside Service).
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S.R. RESOLUTION NO. 62-14: Approve adoption of Resolution No. 62-14;
recognizing the Human Powered Delray (HPD) Interim Bicycle and Pedestrian Master
Plan.
The caption of Resolution No. 62-14 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING
THE HUMAN POWERED DELRAY (HPD) INTERIM
BICYCLE AND PEDESTRIAN MASTER PLAN,
PROVIDING FOR AN EFFECTIVE DATE.
(The official copy of Resolution No. 62-14 is on file in the City Clerk's
office.)
8.S. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A.A.
S.T. RESOLUTION NO. 65-14: Approve Resolution No. 65-14 assessing
costs for abatement action required to remove nuisances on six (6) properties throughout
the City of Delray Beach.
office.)
The caption of Resolution No. 65-14 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, PURSUANT
TO CHAPTER 100 OF THE CODE OF ORDINANCES
OF THE CITY OF DELRAY BEACH, ASSESSING
COSTS FOR ABATING NUISANCES UPON CERTAIN
LAND(S) LOCATED WITHIN THE CITY OF DELRAY
BEACH AND PROVIDING THAT A NOTICE OF LIEN
SHALL ACCOMPANY THE NOTICE OF
ASSESSMENT; SETTING OUT ACTUAL COSTS
INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH
ABATEMENT OF NUISANCES; PROVIDING FOR AN
EFFECTIVE DATE AND FOR A DUE DATE AND
INTEREST ON ASSESSMENTS; PROVIDING FOR
THE RECORDING OF THIS RESOLUTION, AND
DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS.
(The official copy of Resolution No. 65-14 is on file in the City Clerk's
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S.U. PROCLAMATIONS:
1. None
S.V. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards
for the period November 10, 2014 through November 21, 2014.
S.W. AWARD OF BIDS AND CONTRACTS:
1. Purchase award to Glade and Grove Supply Company in the
amount of $28,000.00 for a new Case 85C Tractor via the Florida
Sheriffs Association Contract #14-12-0904, Specification #20.
This is in compliance with the Code of Ordinances, Chapter 36,
Section 36.02(C)(7)(a), "Utilization of Other Governmental
Entities' Contracts". Funding is available from 501-3312-591-
64.20 (Garage Fund: Machinery/Equipment/Automotive).
2. Purchase award to Rechtien International in an amount not to
exceed $65,000.00, as a sole vendor, for the purchase of OEM
repair, parts and services that are proprietary to International
trucks. This is in compliance with the Code of Ordinances, Chapter
36, Section 36.02(C)(6)(a), "Sole Source". Funding is available
from 501-3311-591-52.50 (Garage Fund: Operating
Supplies/External Parts) and 501-3311-591-52.52 (Garage Fund:
Operating Supplies/ C.G. — Outside Services).
Mr. Frankel moved to approve the Consent Agenda as amended, seconded
by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Vice Mayor
Petrolia — Yes; Mr. racquet Yes; Mr. Frankel Yes; Deputy Vice Mayor Jarjura Yes;
Mayor Glickstein Yes. Said motion passed with a 5 to 0 vote.
9.
REGULAR AGENDA:
9.A.A. RESOLUTION NO. 61-14: Approve Resolution No. 61-14; supporting
the Board of Directors of the Palm Beach County League of Cities, Inc.'s objection to
recent action taken by the Palm Beach County Board of County Commissioners to
withdraw Palm Beach County from the Treasure Coast Regional Planning Council
(TCRPC) and to request membership in the South Florida Regional Planning Council
(SFRPC).
The caption of Resolution No. 61-14 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, SUPPORTING
THE BOARD OF DIRECTORS OF THE PALM BEACH
COUNTY LEAGUE OF CITIES, INC.'S OBJECTION TO
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RECENT ACTION TAKEN BY THE PALM BEACH
COUNTY BOARD OF COUNTY COMMISSIONERS TO
WITHDRAW PALM BEACH COUNTY FROM THE
TREASURE COAST REGIONAL PLANNING
COUNCIL AND TO REQUEST MEMBERSHIP IN THE
SOUTH FLORIDA REGIONAL PLANNING COUNCIL;
SUPPORT THE COUNTY'S CONTINUED
MEMBERSHIP IN THE TREASURE COAST
REGIONAL PLANNING COUNCIL; PROVIDING FOR
DISTRIBUTION; PROVIDING FOR AN EFFECTIVE
DATE.
(The official copy of Resolution No. 6I-14 is on file in the City Clerk's
office.)
The City Attorney stated the Palm Beach County Board of County
Commissioners recently considered withdrawing from TCRPC and joining the South
Florida Regional Planning Council (SFRPC). The City Attorney stated the reason for
that consideration by Palm Beach County was primarily cost and this resolution supports
remaining with the TCRPC.
Mayor Glickstein stated the City of Boca Raton passed a similar resolution
a couple of weeks ago.
Mayor Glickstein stated in having worked with Treasure Coast Regional
Planning Council (TCRPC) 12 years ago in developing the Downtown Master Plan and
also working with them as a Board member of the Palm Beach County Metropolitan
Planning Organization, he feels they have been an incredible partner for the city. Mayor
Glickstein stated he has never seen a representative from the Broward County MPO,
Regional Planning Council, or South Florida Regional Transportation Authority at any
MPO meeting. Mayor Glickstein stated he provided the Commissioners a copy of his
letter to the County Commission in terms of the City's representation and since he has
been Mayor there not been one item on the TCRPC's agenda concerning Palm Beach
County of any material significance. Mayor Glickstein stated with what Palm Beach
County League of Cities is asking the City to do and with that personal experience with
Treasure Coast he supports the resolution.
Brief discussion followed by Mr. Frankel and Mr. Jacquet regarding this
item.
After brief discussion, Vice Mayor Petrolia moved to approve Resolution
No. 61-14, seconded by Deputy Vice Mayor Jaijura. Upon roll call the Commission
voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Deputy Vice Mayor Jarjura —
Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes. Said motion passed with a 5 to
0 vote.
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9.13.13. ANNUAL PERFORMANCE BONUSUCD SPORTS GROUP, INC.:
Approve FY 13114 bonus payments to JCD Sports Group, Inc. for golf course operations
in the amount of $12,233.70 and for Tennis Center operations in the amount of
$5,012.55. Funding is available from 445-4711-572-34.90 (Delray Beach Municipal Golf
Course Fund: Other Contractual Service), 446-4711-572-34.90 (Lakeview Golf Course:
Other Contractual Service) and 001-4215-575-34.90 (General Fund: Operating Expenses-
Miscellaneous/Other Contractual Service).
Suzanne Davis, CPRP, Director of Parks and Recreation, gave a brief
explanation of the performance measures and stated JCD Sports Group, Inc. is not
receiving the full 100% that they are eligible for in their contract because they did not
meet some of the requirements of the performance pleasures.
Vice Mayor Petrolia asked where the money goes and who receives these
bonuses. Ms. Davis stated the money goes to the management company and they
disburse the money to employees as part of a bonus incentive for their work throughout
the year. Vice Mayor Petrolia asked if this is an industry standard to give bonuses out to
vendors like this. Ms. Davis stated with management companies typically to have some
form of bonus built in to either their contract or management fee.
Vice Mayor Petrolia moved to approve Item 9.13.11. (formerly Item 8.0.),
seconded by Deputy Vice Mayor Jarjura. Upon roll call the Commission voted as
follows: Mr. Frankel — Yes; Deputy Vice Mayor Jar ura — Yes; Mayor Glickstein — Yes;
Vice Mayor Petrolia — Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote.
9.A. WAIVER REQUESTS/202 NORTH__SWINTON AVENUE: Consider
approval of three (3) request for waivers to the Land Development Regulations (LDR)
Section 4.6.9(1))(2)(b), "Off -Street Parking Regulations, Provisions for Ingress and
Egress", to reduce the minimum required combined depth of alley and parking spaces
from 42' to 39'-6 and to reduce the required parking space width from 10' to 9' at the
rear of the property, adjacent to the alley; Land Development Regulations (LDR) Section
4.6.9(1))(3)(a -b), "Off -Street Parking Regulations, Point of Access to the Street System,
Maximum, and Minimum Width", to reduce the required driveway width from 24' to 18'
at the point of access from North Swinton Avenue for the property located at 202 North
Swinton Avenue. (Quad -Judicial Hearing)
Mayor Glickstein read the City of Delray Beach Quasi -Judicial rules into
the record for this item and all subsequent Quasi -Judicial items.
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on Items 9.A., 9.B., and 9.C.
Mayor Glickstein asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose.
Dana Little, Director of Planning and Zoning, entered the Planning and
Zoning project file #2014-224 into the record.
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Mr. Little stated the subject property is located on the northwest corner of
North Swinton Avenue and N.W. 2°d Street (a/k/a Dr. Martin Luther King Drive) and is
located within the Old School Square Historic District. At its meeting of October 1,
2014, the Historic Preservation Board (HPB) considered and approved a Certificate of
Appropriateness (COA) and Class V Site Plan for site improvements related to the
change of use from residential to office. No additional square footage was added. At the
same meeting, Mr. Little stated the 14PB considered three (3) waivers and voted 6 to 0
with one vacant seat to recommend approval of the waivers to the City Commission. Mr.
Little stated this request duplicates a proposal that was approved in 2011 but it expired.
The applicant is seeking approval for three (3) waivers; the first is minimum combined
alleyway and parking space depth; the parking space width reduction; and reduce the
required driveway width. The alleyway is the north/south alleyway. Mr. Little stated this
is a front elevation and a contributing building in the historic district. He stated the
project site improvements to the property and noted there is a 2' 6" alleyway (15 feet)
dedication; as part of the LDRs the alleyways need to be improved through
redevelopment to 20 feet thus the 2' 6" on either side. In addition, Mr. Little stated four
(4) new concrete parking spaces would be accessed off the alleyway and three additional
paver (brick pavers) parking spaces (no longer asphalt or concrete) access from North
Swinton Avenue. There is currently an existing asphalt circular drive that would be
removed and replaced with brick pavers for parking area, walkways and heavily
landscaped areas. Mr. Little briefly reviewed the waiver criteria that must be met
pursuant to LDR Section 2.4.7(B)(5) and the waiver requests. Mr. Little stated the
parking area was improved in the 1990's and there was no dedication of the 2' 6" which
would give the total 20 feet of the alleyway. Mr. Little stated what is being requested is
the 2' 6" waiver which would give 39' 6". Mr. Little stated the parking sits way back;
the point of the 20 feet and the point of the depth is so that there is visibility of getting in
and out of the parking spaces from the alley. Mr. Little stated the second waiver has to
do with the parking spaces widths and the minimum width of a parking space along an
alleyway be 10 feet; the applicant is seeking relief of one (1) foot of each of these parking
spaces to accommodate 9' wide parking spaces and the last waiver is a request to the
driveway width LDR Section 4.6.9 the point of access to a street or alley shall be a
maximum of 24 feet but in the case where it is a private driveway with less than 200
average daily trips (ADT) it cannot be less than 20'. The applicant is seeking relief from
20' to 18'. At its meeting of September 12, 2014, the Community Redevelopment
Agency (CRA) considered this project and the Board recommended approval of all three
(3) waiver requests and the Historic Preservation Board also recommended approval of
all three (3) waivers with a 6 to 0 vote (one seat vacant). Staff recommends approval of
the three (3) waivers based upon positive findings with respect to the LDR Section
2.4.7(B)(5): (1) approve a waiver to LDR Section 4.6.9(1))(2)(b), to reduce the minimum
required combined depth of alley and parking spaces from 42' to 39' 6", (2) approve a
waiver to LDR Section 4.6.9(1))(2)(b), to reduce the required parking space width from
10' to 9', and (3) approve a waiver to LDR Section 4.6.9(d)(3)(a-b), to reduce the
required driveway width from 20' to 18' at the point of access from North Swinton
Avenue.
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Jose AguiIa, Currie Sowards Aquila Architects, 185 N.E. 4 I Avenue,
Ste. 9101, Delray Beach, FL 33483, stated he is present for any questions the
Commission has.
Mayor Glickstein stated if anyone from the public would like to speak in
favor or opposition of the waiver requests, to come forward at this time. There being no
one else who wished to address the Commission, the public comment was closed.
Deputy Vice Mayor Jar ura stated she supports the waiver requests.
Vice Mayor Petrolia asked if the requirement is 24' or is it reducing the
driveway width from 20' to 18'. Mr. Little stated it is reducing the driveway width from
20' to 18' and there are different criteria for different types of driveways. Mr. Little
stated the maximum is 24 feet and noted this is 20 feet because it is a private driveway.
With regard to waiver #1 Mr. Jacquet asked staff for clarification
regarding the depth causing more visibility in and out of the alley. Mr. Little stated the
alley improvements over time from 16 feet or 15 feet to 20 feet is to provide greater
access for service and access for rear parking and greater visibility. Mr. Little stated the
affective dimension is already there and should this property substantially improve at
some point or change use they would be required to provide the same 2'6" dedication; if
the 2'6" dedication was provided already it would be in compliance and there would be
no need for a waiver. Mr. Little stated there are visible constraints. Mr. Jacquet stated he
has expressed concern over visibility in the corners and has asked staff to provide him
with a report especially where all the developments are going in the SOFA area with
respect to visibility. Mr. Jacquet stated it is a huge concern when you drive in and out of
the alleys and you cannot see left or right. in addition, Mr. Jacquet stated regular streets
such as S.E. 2nd Street, when on S.E. 3rd Avenue headed south you have to get in the
middle of the road in order to see oncoming traffic.
Mayor Glickstein stated this is what we should be supporting in terms of
adaptive reuse. Mayor Glickstein asked why we have a 10' width parking requirement
off an alley if 9' is the City standard. Mr. Little stated it is because of the tight
configuration of the alleys; in many cases the visibility is greatly constrained in the
alleyways and access to be able to turn in and get into a wider space.
The City Attorney briefly reviewed the Board Order with the Commission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
Mr. Frankel moved to approve the Board Order, seconded by Deputy Vice
Mayor Jarjura. Upon roll call the Commission voted as follows: Deputy Vice Mayor
Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Mr. Jacquet — Yes;
Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote.
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9.B. WAIVER REOUEST1150 ANDREWS AVENUE: Consider approval
of a waiver request to Land Development Regulations (LDR) Section 4.6.14(B)(6),
"Minimum 40' Sight Visibility Triangle", to allow 25' sight visibility triangles at the
intersections of Luke Lane and Andrews Avenue along Thomas Street whereas 40' sight
visibility triangles are required for the Beach House of Delray located at 150 Andrews
Avenue. (Quasi -Judicial Hearing)
Mayor Glickstein asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose.
Dana Little, Director of Planning and Zoning, entered the Planning and
Zoning project file #2014-224 into the record.
Mr. Little stated this is a waiver request for a site visibility triangle at 150
Andrews Avenue. The subject property is a 21,349 square foot (0.49 acre) parcel that
contains an existing 12 -unit condominium building (Beach House of Delray) constructed
in 1953. The development proposal is to remove the 12 -unit condominium and construct
a three-story, six -unit fee simple townhouse project on the site. The proposal includes a
continuous five foot (5') wide sidewalk along the adjacent rights-of-way and will include
swimming pools, roof decks, and it disperses the garage entries to each of the three (3)
adjacent right-of-ways so as not to overly impact any single street with garage entries or
vehicular impacts. The site is currently zoned RM (Multi -Family) residential which is
important to the site visibility triangle. Mr. Little stated the applicant is requesting a
waiver from the required 40' site visibility triangles at the intersections of Luke Lane and
Thomas Street and Thomas Street and Andrews Avenue. Mr. Little stated streets
intersecting in single family areas or properties that are zoned single family when they
intersect streets they are required to have a 25 foot visibility triangle; however, in the
central business district the intersections are only required to have a 20 foot site visibility
triangle. He stated these are small neighborhood streets; Andrews Avenue is more
heavily traveled and surrounding the area are single family residences that have a 25 foot
site visibility requirement. The applicant is requesting to get a waiver to allow for the
twenty-five (25) foot site visibility triangles as not extending deeper into the project and
impacting some of the garden walls and things that are proposed. The applicant is
seeking relief from the forty (40) foot site visibility requirement to accommodate two (2)
twenty-five foot (25) site visibility triangles at the two (2) intersections in question. Mr.
Little stated the site visibility triangle is not for pedestrians on the sidewalk but are
actually for the vehicles that are further out away from the property line. Mr. Little stated
there has been a lot of discussion about architects and the development community about
where the site visibility triangles should be measured from. At its meeting of October 22,
2014, in association with a Class V Site Plan, the Site Plan Review and Appearance
Board (SPRAB) vote 7 to 0 to recommend approval to the City Commission to allow
these twenty-five foot (25) sight visibility triangles at the intersections at Luke Lane and
Thomas Street and Andrews Avenue. Staff recommends approval to allow the twenty-
five foot (25) site visibility triangles at the intersections of Luke Lane and Thomas Street
and Thomas Street and Andrews Avenue.
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Richard Jones, Richard Jones Architecture and property owner with
Seaside Builders, gave a brief presentation and stated this is a unique piece of property
that is abutted by three rights-of-way and based on the setbacks and the LDRs for RM it
equates to twenty-five foot (25) setback around all four (4) sides of the property.
Mayor Glickstein stated if anyone from the public would like to speak in
favor or in opposition of the waiver request, to come forward at this time.
Peter Humanik, 704 N.E. 5th Street, Delray Beach, FL 33483, stated he
sees no good reason to do this and feels that everyone who buys a multi -family home
knows the rules.
There being no one else from the public who wished to address the
Commission, the public hearing was closed.
Vice Mayor Petrolia inquired about the intersection of the site visibility
triangle hits Thomas Street. Vice Mayor Petrolia expressed concern over the lack of
setback going onto Andrews Avenue versus the secondary street. Mr. Jones stated one of
the benefits to the City is that there will be a new sidewalk that is going around the entire
perimeter of the project.
There was no cross-examination.
The following individual gave a brief rebuttal:
Mr. Jones reiterated that one of the benefits to the City is that there will be
anew sidewalk that is going around the entire perimeter of the project.
Mayor Glickstein stated one of the reasons the city has problems with
visibility is because projects were approved on the basis of one-way streets that have now
been converted to two-way streets. Mayor Glickstein stated the intersection. at Andrews
Avenue and Thomas Street is a very busy intersection with a lot of traffic. He stated if
those were single family homes and the garages were on Andrews Avenue he would have
greater concern because the garages are outside of those triangles in terms of cars pulling
in and out. He noted there is a two-way stop sign traveling east/west on Thomas Street
and the only place someone is going to be stopping is if you are traveling west on
Thomas Street. He stated there is plenty of room for people to see the oncoming traffic
as they pull up to the stop sign unlike the conditions in the downtown. Mayor Glickstein
stated he supports the waiver because the sidewalks are a big improvement to the area
and the proposed development is as well.
Vice Mayor Petrolia supports the waiver request.
Mr. Jacquet stated with respect to his concern about site visibility it is with
both residential and commercial areas but mostly with commercial areas. However, Mr.
Jacquet stated this area is mostly a single family residential area and the corner depicted
by the photo site visibility is not a major concern. Therefore, Mr. Jacquet stated he
supports the waiver request.
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The City Attorney briefly reviewed the Board Order with the Commission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
Deputy Vice Mayor moved to adopt the board order, seconded by Mr.
Frankel. Upon roll call the Commission voted as follows: Mayor Glickstein Yes; Vice
Mayor Petrolia -- Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Deputy. Vice Mayor Jarjura
--- Yes. Said motion passed with a 5 to 0 vote.
9.C. CONDITIONAL USE REOUEST/DELRAY PRESERVE: Consider
approval of a conditional use request to allow a multiple family residential development
up to 22 units per acre (21.936 proposed) for Delray Preserve, located on the east side of
North Federal Highway, south of Gulf Stream Boulevard and between the Kokomo Key
Subdivision and Auto Nation Volvo Delray within the GC (General Commercial) zoning
district. The development proposal involves the construction of 188 multiple family
residential units within seven multiple family buildings. (Quasi -Judicial Hearing)
Mayor Glickstein asked the Commission to disclose their ex parte
communications. Mr. Frankel stated he has none since the last meeting where this was
discussed. Vice Mayor Petrolia, Deputy Vice Mayor Jarjura, and Mr. Jacquet stated they
have the same ex parte communications as disclosed the last time this was discussed.
Mayor Glickstein stated he met with the applicant in the Planning Department and their
project team once or twice, he has had some email communications with Mr. Osborn and
he has communicated with the Florida Inland Navigation District (F.I.N.D.)
representative.
At this point, Mayor Glickstein stated one party is requesting party status
that the Commission must rule on under the Quasi -Judicial rules in order to obtain party
status the owner of property located within 500 feet of the subject property must make
written request to the City's Planning and Zoning Department three (3) or more business
days prior to hearing that satisfies certain criteria. Decisions as to parry status shall be
made by the Commission at the hearing. The City Attorney has advised of two (2)
parties having met the requirement of party status: Peter Breton, Attorney with the Law
Offices of Breton, Lynch, Eubanks & Suarez-Murias, P.A. for the Florida Inland
Navigation District and Mr. Kevin Osborn.
Mayor Glickstein moved to approve Party Status for Florida Inland
Navigation District Counsel Peter Briton, Mr. Osborn's party status was already
approved, seconded by Mr. Frankel. Upon roll call the Commission voted as follows:
Vice Mayor Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Deputy Vice Mayor
Jarjura — Yes; Mayor Glickstein — Yes. Said motion passed with a 5 to 0 vote.
Dana Little, Director of Planning and Zoning, entered the Planning and
Zoning project file #2014-067 into the record.
Mr. Little stated the subject property is 8.568 acres and consists of
portions of the Model Subdivision. The property is located within the North Federal
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Highway Redevelopment Area and is zoned GC (General Commercial). He stated the
site contained the former Delray Lost Drive in Swap Shop and the Second Chance
Emporium. Mr. Little stated immediately to the east and adjacent to the site is an 11.5
acre dredge material management area owned by the Florida Inland Navigational District.
In 2006, the City Commission approved two (2) conditional- use requests for a stand-
alone residential development called Village Park consisting of twelve (12) dwelling
units per acre. Mr. Little stated the site plan was approved on May 24, 2006 by the Site
Plan Review and Appearance Board (SPRAB) but was never built. At its meeting of July
1, 2014, the City Commission approved and LDR text amendment to increase the
maximum allowable residential density for GC zoned properties that are within the infill
Workforce Housing Overlay District from 18 dwelling units per acre to 22 dwelling units
per acre. In addition, Mr. Little stated the City Commission also approved the
Comprehensive Plan Amendment to increase the maximum allowable residential density
in these areas to 22 dwelling units per acre to make the Future Land Use, the
Comprehensive Plan, and the LDRs compatible and consistent. Mr. Little stated the City
Commission granted those approvals with the following instructions at the time in July:
(1) that the architecture be of a superior quality and (2) that the site be designed to reduce
the massing of the 4 -story building on the adjacent residential neighborhood to the south.
The applicant proposes to demolish the existing commercial structure and construct a
188 -unit multiple family developments up to 22 dwelling units per acre are considered
conditional uses in the GC zoning district and are subject to the RM (Multiple Family
Residential) zoning district regulations except for setbacks and height, which are subject
to the GC zoning district regulations and are subject to multi -family residential
regulations except for setbacks and height. Mr. Little briefly reviewed the architectural
elevations and highlighted the current proposal for the F.I.N.D. access. At its meeting of
August 14, 2014, the Community Redevelopment Agency (CRA) considered the
development proposal and recommended approval of the conditional use with conditions
that the building elevations and traffic concerns be met. At its meeting of October 20,
2014, the Planning and Zoning held a public hearing to hear the conditional use request
before the Board (voted 4 tol, 1 absent and 1 vacant seat) to recommend approval of the
conditional use request to the City Commission to allow for the freestanding multi -family
development in the GC (General Commercial) zoning district subject to the conditions
outlined in the staff report_ Staff recommends approval of the conditional use request to
allow for the free-standing multi -family residential subject to the eleven (11) conditions
outlined in the staff report in addition with general compliance with sixty-seven (67)
conditions that are identified in Exhibit "A" technical comments.
Bonnie Miskel, Dunay, Miskel, and Backman, LLP, 14 S.E. 4th Street,
Suite #36, Boca Raton, FL 33432, representing the applicant Zorn Florida, stated
staff has done a very thorough presentation and for clarification she will use her nine (9)
minutes for her presentation and she is not using that time for her rebuttal or her cross-
examination.
Kevin Osborn 621 Allen Avenue Delray Beach FL 33483,1stated the
developer met with him and two other colleagues to inform them what they were going to
do but the one outstanding issue with the neighbor is the most important issue which is
with F.I.N.D. Mr. Osborn stated the developer has not worked with F.I.N.D. or the
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neighbors. Mr. Osborn stated when F.I.N.D. offloads it is about 5,000 trips taking six
months of 60,000 pound loaded dump trucks over in between in the current plan a
community where there are cars parked, kids running around, and pedestrians over speed
bumps. Mr. Osborn asked if this is unobstructed and commented about the safety
concerns for those parked cars and those pedestrians. Mr. Osborn stated F.I.N.D. is a
good neighbor and they have stated that they would not run dump trucks 2417 during their
offloading; however, that would be their norm and if they go to a reduced schedule that is
an increase of taxpayer dollars. Mr. Osborn stated he will support the conditional use
provided that the Commission add the following two (2) conditions: (1) total footprint of
all 4 -story buildings shall not exceed 21,000 square feet, (2) Any 4 -story building shall be
a minimum of 400 feet due east from the east most point of Federal Highway.
Mark Crosley, Executive Director of the Florida Inland Navigation
District F.I.N.D. 1314 Marcinski Road Jupiter, Florida 33477-9498 stated they are
not opposed to the project; however, they are concerned with the access easement. Mr.
Crosley stated they have not been approached by the applicant with anything that is
satisfactory and commented about what has been displayed tonight about their access
coming through the entire development and then traveling north to south and then west to
east is correct then this increases their concern. Mr. Crosley stated they have been trying
to work with the applicant to get some dedicated access and he would like to get this
resolved.
Mayor Glickstein stated if anyone from the public would like to speak
about the conditional use, to come forward at this time.
Charles Bonfield, S.A.F.E., 200 MacFarlane Drive, Delray Beach, FL
33483, stated there were thirteen (13) conditions that the developer agreed to do and that
shows a good community and corporate citizen and North Federal Highway desperately
needs to be developed. Also, Mr. Bonfield thanked the City Commission for approving
the HPD ped/bike item.
For the record, Ms. Miskel clarified that the original Lennar Village Park
approval was for 17.8 dwelling units per acre. Ms. Miskel stated they have met since the
beginning of the year and there were at least 2 dozen people here at one point who was
concerned from various neighborhoods including Kokomo Key. Ms. Miskel stated the
site plan is a condition to their approval so they have no problem committing to that site
plan. She stated this easement was granted years ago and is something that the neighbor
committed to. Ms. Miskel read the pertinent provisions into the record. She stated they
attempted to offer an alternative which would have been an exclusive easement on the
north side of their property next to the Volvo property but they could not give them thirty
(30) feet which the easement requires. Ms. Miskel stated if they would have agreed to
one-way use and they would provide flag people (during daylight hours) to manage that
then they would have given them exclusive use but that was not acceptable to them. She
stated the really want an exclusive use on the north side or south side of the property that
they do not have to share. However, Ms. Miskel stated to do that they would lose what
their commitment was to Kokomo Key which was to give them as much space on the
south side of the property as a buffer to the residential use. She stated on the south end of
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the property there is approximately 85 feet between their building and their property line
and about 135 feet from their building to their nearest building. Ms. Miskel stated they
wish to relocate their existing easement (in blue) to the yellow which complies fully with
the easement document, they will give them the 30 feet and it is within the cross hatched
area and if complies. She stated her client would in no way jeopardize the safety of the
residents or guests on their site. Ms. Miskel stated when there is activity on their site
they will hire at their clients expense dedicate personnel at the locations shown that will
manage and control all access through the site to avoid any conflicts between their trucks
and their community. In addition, Ms. Miskel stated also included in their plan they have
expanded the width of the driveway on that side of the site to 30 feet in an effort to
provide additional visibility.
There was no cross-examination from Mr. Little or Mr. Osborn.
Ms. Miskel waived her cross-examination right.
Mr. Crosley gave a brief cross-examination.
At this point, Ms. Miskel came forward to answer questions of Mr.
Crosley.
At this point, Mr. Little this proposed easement (shown in yellow on the
slide) is new. Ms. Miskel stated what the Commission is looking at complies with the
terms of the easement as far as they are entitled to thirty (30) feet because they need to
have clear access from the point of entry to the point of their parcel; the parking is
outside of that driveway area and the parking will not encroach in any way. Ms. Miskel
stated this complies with what was committed to years ago and reiterated that they agree
to provide at those locations of at least four (4) flag people during their activity hours
(daylight hours) at those'locations to manage and control the flow of traffic.
Mr. Little gave the following rebuttal:
Mr. Little stated without he or Mr. Pape realty being able to examine this
he suspects there will be some ripple effect.
Mr. Osborn gave the following rebuttal:
Mr. Osborn stated Ms. Miskel commented that if the developer was to
give a dedicated access path to the north F.I.N.D. that they would have to further
encroach upon Kokomo Key. Mr. Osborn stated this is not the only thing; there are other
possibilities.
Mr. Peter Breton gave the following rebuttal:
Mr. Breton stated there are legal issues and practical safety issues that are
being addressed and noted there are over 100 parking spaces on the proposed easement
that back directly into the path of the passing traffic. Mr. Breton stated there is going to
be two-way traffic of the dump trucks and having flag people there is not going to be
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adequate because residents will be coming and going with heavy loaded dump trucks
going in both directions. Mr. Breton stated if you isolate this truck traffic to the north
side of the property as proposed they are not sticking to a strict 30 foot width but the
width that was offered was a one-way only 12 -foot wide exclusive easement; it needs to
be wide enough to accommodate two-way truck traffic.
Ms. Miskel gave the following rebuttal:
Ms. Miskel stated it is in F.I.N.D's best interest for them to ask the City to
change the scope of the easement from a non-exclusive to an exclusive; however, this is
not the City's jurisdiction. Ms. Miskel stated the current easement is in compliance with
respect to the Lennar Plan and noted there was access on both the north side and the
south side; it was twice the impact than it is on their Plan. Ms. Miskel stated there were
no commitments on this Plan to have any safety management or staffing yet they are
committing to do that. Ms. Miskel stated they do not have the space to give them a 30 -
foot non-exclusive easement and for the number of trips that F.I.N.D. is talking about, the
City deals with far more Waste Management trucks on city streets without incident every
week, every day, and every year than what they are asking them to do for their benefit.
Ms. Miskel stated they believe that they have accommodated the concerns.
Vice Mayor Petrolia commented about the new route and asked if this is
more beneficial or is it still not acceptable. Mr. Crosley stated it is more preferential that
the less traffic that their trucks and heavy equipment have to impede upon the
development would be more desirable. Brief discussion between Vice Mayor Petrolia
and Mr. Crosley followed about the definition of "unobstructed". Vice Mayor Petrolia
inquired about the daylight hours. Mr. Crosley stated this is part of the easement
language and F.I.N.D. is only able to do it in daylight hours; however, it does increase
their cost but it was previously agreed to.
The City Attorney stated the City Commission is being asked to do now is
to consider whether or not to allow a conditional use and City Commission will use the
following two (2) criteria to decide whether or not to grant or deny the conditional use:
(1) does it have a significantly detrimental effect on the stability of the neighborhood
within which it will be located, (2) does it hinder development or redevelopment of
nearby properties. Secondly, the City Attorney stated can and should the City
Commission factor in the terms of a private easement with respect to the issue of
conditional use. The City Attorney stated from a legal perspective and given the
parameters of tonight's hearing on a conditional use, he is struggling legally to see a way
where the City Commission can evaluate this private easement in connection with the
two (2) criteria he read to the City Commission. Furthermore, the City Attorney stated
the conditional use that the City Commission is being requested to determine today in
Mr. Little's opening remarks, normally because this is GC (General Commercial) it
would require both commercial and residential and the conditional use the City
Commission is being asked to consider tonight is exclusively residential.
Deputy Vice Mayor rarjura stated what the applicant presented tonight in
terms of where he is suggesting for the easement to be should have been presented to
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F.I.N.D. and staff ahead of tonight. Secondly, Deputy Vice Mayor Jarjura stated if the
applicant wanted uses limited to commercial only, then it should have been in the original
easement that they did not want residential. She stated speed bumps are for safety they
are not unobstructed. Deputy Vice Mayor Jarjura stated they do not have an exclusive
easement. Deputy Vice Mayor Jarjura stated she respects that the development has been
moved to the north to accommodate the neighbors to the south. Deputy Vice Mayor
Jarjura asked Ms. Miskel to review the changes of the design of the project that were
made. At this point, Ms. Miskel briefly reviewed the changes to the design of the project.
Deputy Vice Mayor Jar ura asked the applicant how many times is this
easement used by F.I.N.D. Mr. Crosley stated they will use the easement to access their
property on a continual basis but the offloading of the site could occur as frequently as
every seven (7) years or so that is just with their anticipated use of the Intracoastal
Waterway. Mr. Crosley stated KIND. anticipates that anyone that needs to do any
dredging in the future that their sites are going to be the only sites that are available and
there will be increased public pressure for the use of their facilities. Deputy Vice Mayor
Jarjura asked if there are any limitations on how many times a year they are able to use
this easement. Mr. Crosley stated the only restriction that they are aware of that has been
discussed tonight is providing flag people during daylight hours. Deputy Vice Mayor
Jarjura asked if the easement provides for whether or not parking spaces or drives were
allowed to be on the boundaries of the 30 -foot easement. Mr. Breton stated it did not; at
the time it was negotiated in 1996 it was a commercial drive-in and swap shop property.
Deputy Vice Mayor Jarjura asked if there were parking spaces around the easement when
it was a drive-in. Mr. Breton stated he does not believe it was. Mr. Crosley stated they
anticipated that the property would be commercial.
Charles Bonfield, S.A.F.E., stated that was reduced from $150,000.00 to
$50,000.00 for a Ped/Bike Coordinator.
Mr. Jacquet stated with respect to the two (2) criteria from the LDRs that
the City Attorney pointed out, he would answer in the negative and is ready to move
forward.
Prior to the vote, Mayor Glickstein stated this needs language that gives
the City broad latitude in terms of any kind of safety requirements and traffic
management requirements; F.I.N.D. has offered a minimum of four (4) flag people.
Mayor Glickstein stated he thought it would be more expansive and broad and asked if
F.I.N.D. would have to submit an MOT Plan for this if there are several trucks moving in
and out of the site. Mr. Krejcarek stated the more personnel that is available on the site in
more locations the better. Mayor Glickstein stated that would be City discretion under
that indemnification. The City Attorney stated indemnification is one issue; their
obligation on private property provides safety flagmen is another issue. Mayor
Glickstein stated he does not want this limited to four (4) flagmen; he would like it open
ended. Ms. Miskel stated they agree to submit MOT Plan for the movements on site as
well as what would be required on Federal Highway and they will submit it to Randal
Krejcarek for his review and approval.
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After brief discussion, Mayor Glickstein stated he supports the project
because North Federal Highway needs something and this is but one of what hopefully
will be other catalyst in that area.
The City Attorney briefly reviewed the Board Order with the Commission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
Prior to the vote, Mayor Glickstein stated this needs language that gives
the City broad latitude in terms of any kind of safety requirements and traffic
management requirements; F.I.N.D. has offered a minimum of four (4) flag people.
Mayor Glickstein stated he thought it would be more expansive and broad and asked if
F.I.N.D. would have to submit an MOT Plan for this if there are several trucks moving in
and out of the site. Mr. Krejcarek stated the more personnel that is available on the site in
more locations the better. Mayor Glickstein stated that would be City discretion under
that indemnification. The City Attorney stated indemnification is one issue; their
obligation on private property provides safety flagmen is another issue. Mayor
Glickstein stated he does not want this limited to four (4) flagmen; he would like it open
ended. Ms. Miskel stated they agree to submit MOT Plan for the movements on site as
well as what would be required on Federal Highway and they will submit it to Randal
Krejcarek for his review and approval.
Mayor Glickstein moved to adopt the Board Order (approving the
conditional use) subject to indemnification and hold harmless regarding traffic
management and safety concerns that any material changes to the size and location to the
4 -story building would not be handled administratively subject to City approval,
seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Mr.
Jacquet — Yes; Mr. Frankel — Yes; Deputy Vice Mayor Jar ura — Yes; Mayor Glickstein —
Yes; Vice Mayor Petrolia Yes. Said motion passed with a 5 to 0 vote.
9.D. RESOLUTION NO. 66-14/EAGLE METAL PRODUCTS: Consider
approval of Resolution No. 66-14; approving the Eagle Metal Products in the amount of
$39,680.00, to remove rust and make repairs the 100' Holiday Tree once it is taken down;
declaring by a four-fifths affirmative vote that the city's sealed competitive method or
written quotations procurement method for the purchase is not in the best interest of the
city. Funding is available from 001-3431-519-46.10 (General Fund: Repair &
Maintenance Services/Building Maintenance).
The caption of Resolution No. 66-14 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, APPROVING
THE PURCHASE OF RUST REMOVAL AND
STRUCTURAL REPAIRS FOR THE 100' HOLIDAY
TREE FROM EAGLE METAL PRODUCTS;
DECLARING BY A FOUR-FIFTHS AFFIRMATIVE
VOTE THAT THE CITY'S SEALED COMPETITIVE
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METHOD FOR THE PURCHASE IS NOT IN THE BEST
INTEREST OF THE CITY; PROVIDING FOR AN
EFFECTIVE DATE.
(The official copy of Resolution No. 66-14 is on file in the City Clerk's
office.)
Suzanne Davis, Director of Parks and Recreation, stated this item is
regarding per Chapter 36, Section 36.02, "Methods of Acquisition", Section (11), "Best
Interest Acquisitions" to Eagle Metal for repair of the 100' Holiday Tree in the amount of
$39,680.00; $20,000.00 has been committed from the DDA for the repair and there is
additional funding in the Building Maintenance/Public Works account.
Vice Mayor Petrolia inquired about the cost of the repairs last year. In
response, Mr. Krejcarck stated the repairs were approximately $24,000.00 and noted that
Eagle Metal has been doing this for many years and what they have done in the past is
every year they do an inspection and based on the inspection they have to do some
maintenance work to take care of the rust areas.
The Interim City Manager stated it is usually taken down and stored and
the repairs are done later; it does not sit there and continue to rust for months.
Deputy Vice Mayor Jarjura asked if there is a reason the City does not bid
the repair work out. Mr. Krejcarek stated last year was the first year that the City has
incurred the expense of the maintenance of the tree. He stated last year when the tree was
taken down staff invited three (3) contractors to inspect it and do the work the City is
asking for. Mr. Krejcarek stated the only price was from Eagle Metal.
Mayor Glickstein stated an option would be to approve this up to the
amount of $39,680.00 and between now and when the disassembly of the tree occurs is
see if staff can obtain other prices to fix it.
Deputy Vice Mayor Ja&ra suggested that this be publicly noticed on
Demand Star or likeminded procurement.
Mr. Frankel moved to approve Resolution No. 66-14 approving the Eagle
Metal Products in the amount of $39,680.00, seconded by Mr. Jacquet. Upon roll call the
Commission voted as follows: Mr. Frankel — Yes; Deputy Vice Mayor Jarjura — No;
Mayor Glickstein — No; Vice Mayor Petrolia — No; Mr. Jacquet — Yes. Said motion was
DENIED with a 3 to 2 vote, Mr. Frankel and Mr. Jacquet dissenting.
Marjorie Ferrer, Downtown Development Authority (DDA), stated the
tree was purchased from Parrot Jungle and was 12 years old and had sat in a yard threw
Hurricane Andrew. The DDA negotiated and rented to buy for the first two (2) years
with 50 feet and then bought the 100 feet for $80,000.00. Ms. Ferrer stated Parrot Jungle
paid $250,000.00 approximately 35 years ago and to replace the tree at today's value is
$1 million.
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Brief discussion between Ms. Ferrer and the City Commission followed.
After brief discussion, Deputy Vice Mayor Jarjura moved to approve to
reconsider, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as
follows: Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor
Petrolia Yes; Mr. Jacquet --- Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0
vote.
Deputy Vice Mayor Jarjura suggested that next time this comes before the
City Commission that the backup be a little more comprehensive as well as an internal
inspection since there is time before Christmas to make sure the City concurs with the
necessary $39,680.00, seconded by Mr. Jacquet. Upon roll call the Commission voted as
follows: Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Mr. Jacquet — Yes; Mr.
Frankel Yes; Deputy Vice Mayor Jarjura Yes. Said motion passed with a 5 to 0 vote.
9.E. APPROVAL OF A BID AWARD TO MOWREY ELEVATOR AND
TO TERMINATE AN AGREEMENT WITH ORACLE ELEVATOR: First motion
to consider approval of bid award to Mowrey Elevators (Bid No. 2014-35), the second
lowest bidder, in an amount not to exceed $65,000.00 annually for maintenance and
repair of elevators within City facilities. Contingent upon approval of a bid award to
Mowrey Elevator, a second motion to approve a termination of a Standard Fonn of
Agreement with Oracle Elevator. This is in compliance with the Code of Ordinances,
Chapter 36, Section 36.02 (A), "Sealed Competitive Method". Funding is available from
various departments.
Randal Krejcarek, Director of Environmental Services, stated this item is
for annual elevator maintenance and staff recommends approval to Mowrey Elevators,
the second lowest bidder. Mr. Krejcarek stated the first part of the bid has to do with the
annual maintenance; Oracle had a lower bid by approximately $750.00 on the annual
maintenance; however, the second part of the bid had to do with the hourly charge for
work to be done other than the regular maintenance. He stated Oracle's hourly charge
was $100.00 more than Mowrey Elevators. Mr. Krejcarek stated last year the City
performed an additional 120 hours in addition to the monthly maintenance and noted the
$12,000.00 that the City would be saving under the 120 hours far exceeds the additional
$750.00 the City would be paying on a monthly basis. Therefore, Mr. Krejcarek stated
staff recommends approval to the second lowest bidder Mowrey Elevators.
Mr. Frankel moved to approve the bid award to Mowrey Elevators (second
lowest bidder) and to terminate an agreement with Oracle Elevator, seconded by Vice
Mayor Petrolia. Upon roll call the Commission voted as follows: Vice Mayor Petrolia —
Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Deputy Vice Mayor Jar ura — Yes; Mayor
Glickstein — Yes. Said motion passed with a 5 to 0 vote. .
9.F. APPROVAL OF AN EMPLOYMENT AGREEMENT WITH
DONALD B. COOPER: Consider approval of an employment agreement with Donald
B. Cooper for the position of City Manager of the City of Delray Beach.
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The City Attorney highlighted the key terms of the employment agreement
with Donald B. Cooper for the position of City Manager of the City of Delray Beach.
Vice Mayor Petrolia moved to approve the employment agreement with
Donald B. Cooper, seconded by Deputy Vice Mayor Jarjura. Upon roll call the
Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel Yes; Deputy Vice
Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes. Said motion
passed with a 5 to 0 vote.
9.G. NOMINATION FOR APPOINTMENT TO DOWNTOWN
DEVELOPMENT AUTHORITY: Nomination for appointment of one (1) regular
member to the Downtown Development Authority to serve an unexpired term ending
July 1, 2017. Based on the rotation system, the nomination for appointment will be made
by Commissioner Petrolia (Seat #1).
Commissioner Petrolia moved to nominate Mark Denkler as a regular
member to the Downtown Development Authority to serve an unexpired term ending
July 1, 2017, seconded by Deputy Vice Mayor Jarjura. Upon roll call the Commission
voted as follows: Mr. Frankel — Yes; Deputy Vice Mayor Jarjura — Yes; Mayor
Glickstein — Yes; Vice Mayor Petrolia — Yes; Mr. Jacquet — Yes. Said motion passed
with a 5 to 0 vote.
10. PUBLIC HEARINGS:
A. None
11. FIRST READINGS:
11.A. ORDINANCE NO. 32-14: Consider adopting a small-scale future land
use map amendment from GC (General Commercial) to LD (Low Density Residential 0-
5 du/ac), pursuant to the provisions of the "Community Planning Act", Florida Statutes
Section 163.3187, for a parcel of land located on the south side of S.E. 4th Street, 87.60
feet east of S.E. 6th Avenue, as more particularly described herein, and rezoning and
placing said land presently zoned GC (General Commercial) District to R -1 -AA (Single
Family Residential) District; amending "Zoning Map of Delray Beach, Florida, January
2012". If passed, a public hearing will be held on January 6, 2015.
The caption of Ordinance No. 32-14 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA
ADOPTING A SMALL-SCALE FUTURE LAND USE
MAP AMENDMENT FROM GC (GENERAL
COMMERCIAL) TO LD (LOW DENSITY
RESIDENTIAL 0-5 DU/AC), PURSUANT TO THE
PROVISIONS OF THE "COMMUNITY PLANNING
ACT", FLORIDA STATUTES SECTION 163.3187, FOR
23
12/02/14
office.)
A PARCEL OF LAND LOCATED ON THE SOUTH
SIDE OF SE 4TH STREET, 87.60 FEET EAST OF SE 6rr4
AVENUE, AS MORE PARTICULARLY DESCRIBED
HEREIN, AND REZONING AND PLACING SAID
LAND PRESENTLY ZONED GC (GENERAL
COMMERCIAL) DISTRICT TO R -1 -AA (SINGLE
FAMILY RESIDENTIAL) DISTRICT; 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. 32-14 is on file in the City Clerk's
The City Attorney read the caption of the ordinance.
Mr. Frankel moved to approve Ordinance No. 32-14 on FIRST Reading,
seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows:
Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes;
Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote.
11.B. ORDINANCE NO. 36-14: Consider a privately initiated rezoning from
AC (Automotive Commercial) to GC (General Commercial) for ZNT Delray located on
the west side of S.E. 5t' Avenue between S.E. 6h Street and S.E. 71h Avenue. If passed, a
public hearing will be held on January 6, 2015.
office.)
L --
The caption of Ordinance No. 36-14 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
REZONING AND PLACING LAND PRESENTLY
ZONED AC (AUTOMOTIVE COMMERCIAL)
DISTRICT TO GC (GENERAL COMMERCIAL)
DISTRICT; SAID LAND BEING A PARCEL LOCATED
ON THE WEST SIDE OF SE 5' AVENUE, BETWEEN
SE 6TH STREET AND SE 7TH STREET (600 SE 5TH
AVENUE), AS MORE PARTICULARLY DESCRIBED
HEREIN; AMENDING "ZONING MAP OF DELRAY
BEACH, FLORIDA, DATED SEPTEMBER, 2014;"
PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 36-14 is on file in the City Clerk's
24
12/02/14
The City Attorney read the caption of the ordinance.
Mr. Frankel moved to approve Ordinance No. 36-14 on FIRST Reading,
seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows:
Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel —
Yes; Deputy Vice Mayor Jarjura — Yes. Said motion passed with a 5 to 0 vote.
12. COMMENTS AND INQUIRIES ON NON -AGENDA ITEMS.
12.A. City Manaeer
Terry Stewart, Interim City Manager congratulated and wished Mr.
Donald Cooper well on his newly elected position as City Manager.
12.B. City Attorney
None.
12.C. City Commission
12.C.1. Mr. Frankel
Mr. Frankel requested a status update on E -Cigarettes. In response, the
City Attorney stated he will present a draft ordinance to the City Commission at their
January 6, 2015 meeting.
Secondly, Mr. Frankel stated last night he drove down Atlantic Avenue
and there were numerous cabs taking up parking spots.
Lastly, Mr. Frankel stated Delores Rangel spear -heads the Project Holiday
and is organizing the packing of the boxes for the military on Sunday, December 7, 2014.
Mr. Frankel stated she does a great job and is looking for donations (561-243-7010).
Mayor Glickstein stated the cab issue is getting out of control and he
echoed comments expressed by Commissioner Frankel and stated there has to be a
solution to this because there are more cabs now than regular cars at certain times. The
Commission stated they had previous discussion about having a permit requirement and
mirroring Palm Beach County. Mayor Glickstein stated he would like clarification on
this issue because whatever the City has in place now is not working.
12.C.2. Deputy Vice Mayor Jariura
Deputy Vice Mayor Jarjura stated she would like staff to look at updating
the City's website and feels it will alleviate some of the issues with public records
requests. She stated in compliance with public records many of the documents the City
has should be available online (i.e. Advisory Boards) with agendas, backup, results of
their meetings and their minutes just like it is set up for the City Commission. There are
25
12/02/14
some pages that are up-to-date and some pages that have documents on there from
several years ago and she feels this is confusing to a user because they think it is up-to-
date because certain documents are updated and some are not. Deputy Vice Mayor
Jarjura stated if it is not up-to-date and not user friendly then the City is missing out on a
real opportunity for communication with the residents and businesses. In addition,
Deputy Vice Mayor Jarjura stated the CRA and the Economic Development should be
part of the City's website as well because there needs to be more connectivity between
the CRA and the City Commission since it is under the umbrella of the City. She would
like to see this going forward starting with the branding on the City's website.
Mayor Glickstein asked if the City's website work is done internally or is
it done by a third party. The Interim City Manager stated the creation and repairs to the
website is done externally and putting information to the website i.e. content is done
internally.
12.C.3. Vice Mayor Petrolia
Vice Mayor Petrolia asked if the City has a Grant Writing Specialist or is
it each department is on its own. The Interim City Manager stated there are individuals
that work for the City who handle writing grants; however, we do not have an individual
specialist that would handle all the grants for the City. The Interim City Manager stated
Community Improvement is where most of the grant writing is done. Vice Mayor
Petrolia stated Artists Alley, Human Powered Delray, Housing issues, development, start-
ups, alleyways, beaches, parks, and the Arts Garage could be benefitting from grant
writing and feels if the City does not have one person specializing in that the City is
potentially missing out on a lot.
Secondly, Vice Mayor Petrolia stated the parking queue on 2nd Avenue (in
front of Solita's) backs up so far into Atlantic Avenue that it actually blocks Atlantic
Avenue when it is really busy. She suggested moving that parking queue down further
towards where the bowling alley was supposed to be and that would help to resolve a
tremendous amount of that backup.
With regard to the beach cabanas, Vice Mayor Petrolia stated she has
received several comments about people smoking on the beach is part of the litter
problem. She stated the beach is supposed to be quarantined off to certain areas as per
smoking which would eliminate quite a bit of the problems as far as the litter (i.e.
cigarette butts) being everywhere. Also, Vice Mayor Petrolia stated there are no beach
cabanas.
The Interim City Manager stated the cabana contract was originally
approved in January 2014. In March 2014, there was an amendment and there was some
discussion about what the number of pieces of equipment meant and it was decided that
there would be 250 groupings rather than 250 individual pieces. He stated when the
contract was re -written the identified pieces that could be on the beach did not include
cabanas. The Interim City Manager stated staff is working with the City Attorney and at
26
12/02/14
the request of the current vendor who wants to put the cabanas on the beach, staff is
trying to work through the language that would create an amendment that will be brought
to the Commission to approve it so that the City will have a legal standing to have the
cabanas on the beach. The Interim City Manager stated he suspects that staff will have
this to the City Commission either the first or second meeting in January 2015. Vice
Mayor Petrolia stated the City should be providing the beach cabanas and expressed
concern with the winds blowing the sand that no one will be using the equipment.
The Interim City Manager asked the City Commission if they would like
staff to amend the upcoming agenda for December 9'h and add the beach cabana
amendment.
With regard to the beach cabanas, Mr. Frankel requested a list of people
who have complained as part of the backup if possible.
12.C.4. Mr. Jacquet
Mr. Jacquet stated November 25, 2014 the Marie Louis Community
Foundation, Inc. held community turkey give -a -way at Barwick Park. He stated every
year this organization along with many organizations within that community hold turkey
give -a -ways and toy drives for the children especially in the Haitian -American churches.
On November 24, 2014 there was another turnkey give -a -way at Pompey Park where
members of the Hudson Holdings Group (with Tax USA) and a non-profit group called
the Guiding Light Foundation were present and gave away over 200 turkeys to families in
need.
Mr. Jacquet stated Sunday, November 30, 2014 he had the pleasure. of
traveling with approximately 24 students from around Delray Beach. He stated EJS
(Emmanuel Jackson Senior) Project is an organization in Delray Beach that takes
students from the community but travels with them to give them exposure and to also
teach them the business side of sports.
Stewart.
Mr. Jacquet stated it has been an honor and a pleasure working with Mr.
Lastly, Mr. Jacquet welcomed the new City Manager Mr. Cooper.
12.C.5. Ma or Glickstein
Mayor Glickstein stated he met with Dana Little and Jeff Costello with a
group of the artists from Artists Alley to update them on where things stand. Mayor
Glickstein stated it appears that the window of opportunity for the City to do something
in any kind of acquisition will be post foreclosure which is expected to be the end of
February 2015.
Lastly, Mayor Glickstein requested that the timers get repaired.
27
12/02/14
At this point, City Manager Donald Cooper thanked the City Commission
for the opportunity to be a part of Delray Beach and the exciting challenges. In addition,
Mr. Cooper recognized Mr. Noel Pfeffer, City Attorney (who received the highest
compliment from his attorney who was the City Attorney for 30 years) and thanked Mr.
Terry Stewart for being so gracious and helpful. Mr. Cooper expressed his appreciation
and wished everyone a Happy Holiday season.
There being no further business, Mayor Glickstein declared the meeting
adjourned at 9:29 p.m.
ATTEST:
QiA YOR
City Clerk
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 December 2, 2014, which Minutes were formally approved and adopted by the City
Commission on May 5, 2015.
City Clerk
NOTE TO READER:
If the Minutes you have received are not completed as indicated above, this means they
are not the official Minutes of the City Commission. They will become the official
Minutes only after review and approval which may involve some amendments, additions
or deletions as set forth above.
2s
12/02/14
2014.
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 REQUESTS FOR 242 N. SWINTON AVENUE
These waiver requests came: before the City Commission on December 2,
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the waiver requests for 202. N. Swinton
Avenue, All of the evidence is a part of the record iri this case. Required findings are
made in accordance with. Subsection I.
I. Waivers: Pursuant to LDR Section 2.4.7(B)(5); prior to granting a waiver, the
approving. body shall make a finding that the granting of the waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of public facilities;
(c) Shall not create an unsafe situation; and
(d) Does not result in the grant of a special privilege in that the same waiver
would be granted under similar circumstances on other property for
another applicant or owner.
A. Waiver to LDR. Section 4.6,.9(D) 2( )(b)
Pursuant to LDR. 4:6.9(D)(2)(b), access Which coliforms with minimal aisle standards
and which includes a maneuvering area so that a vehicle must be able to enter and exit
the parking area onto a street or alley in a forward manner shall be provided, except
when the parking is adjacent to an alley and the parking space and alley have a
combined minimum depth of 42 feet and a minimum width of ten feet and the location
of parked vehicles does not impair sight distance of pedestrians or vehicles utilizing the
alley;
1. Depth.: The applicant is requesting relief to reduce the required
depth from 42 feet to 39 feet 6 inches.
City Commission Meeting of 12-02-14; Item 9.A.
Should the waiver to Section 4.6.9(D)(2)(b)_to reduce the minimum depth of
alley and parking spaces from 42 feet to 39 feet 6 inches be granted? .
Yes 5 No 0
2. Width: The applicant is requesting relief to reduce the required
parking space width from 10 feet to 9 feet.
Should the waiver. to- LAR Section 4.6.9(13)(2)(b) to reduce the parking
space width from 10 feet to 9 feet be granted?
Yes 5 No 0
B. Waiver to LDR Section 4.6.9(D)(3)(b
Pursuant to LDR Section_ 4.6.9(D)(3)(b), the point of access to a street or alley shall not
be less than 24 feet for a normal two-way private street or parking lot driveway aisle.
The applicant is proposing a point of access. with a width of 'l3 feet from North Swinton
Aveniie.
Should the. waiver to Section 4.6.9(D)(3)(4). to reduce the point of access
Width from 24 feet to 18 feet be granted?
Yea 5 No 0 .
3. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the original development application was
submitted and finds that its determinations set forth in this Order are consistent with the
Comprehensive Plan.
4. The City Commission finds there is. ample and competent substantial
evidence to Support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of axperts and other
competent witnesses supporting these findings.
2
City Commission Meeting of 12-02-14; Item 9.A.
5. Based on the entire record before it, the City Commission
approves ✓ denies these waiver requests.
6. Based on the entire record before it, the City Commission hereby_ adopts
E
this Order _this 2nd day of December 2014, by a vote of 5 in favor and D
opposed.
ATTEST: Cary. ck ein, Mayor
Chevelle Nubin, City Clerk
3
City Commission Meeting of 12-02-14; Item B.A.
2014:
IN THE CITY COMMISSION
CHAMBERS OF TWE CITY OF
DELRAY BEACH, FLORIDA
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
WAIVER REQUEST FOR "160 OCEANSIDE" AT 150 ANDREWS AVENUE
1. These waiver requests came before the City Commission on December 2,
2. The Applicant and City staff presented documentary evidence and
testir`nony to the City Commission pertaining to the waiver requests for 150 Oceanside
at 150 Andrews Avenue. All of the evidence is a part of the _record in this case.
Required findings are made in accardanoewith Subsection 1'.
I. WAIVERS: Pursuant to LDR. Section .2.4.7(13)(5), prior to granting a waiver, the
approving body, shall make a finding that the granting of the waiver:
(a) Shall not adversely affept 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 spellal privilege in that the same
waiver would be granted under similar circumstances .on other
property for another applicant or owner.
A. Waiver to LDR Section 4,6.14(B)(6)_
Pursuant to LDR Section 4.6.14(B)(6), sight visibility triangle requirements
for the area of property located at a corner formed by the intersection of
two or more public rights-of-way are 40 feet. The applicant is requesting
that sight visibility triangle requirernants for this intersection be reduced to
25 feet.
Should the waiver to Section 4.6.14(B)(5) to reduce -the sight Visibility
triangle requirements from 40 feet.tm 25 feet be granted?
Yes 5 No 0
I
City Commission Meeting of 12-02-14; Item 8.13.
3. The
City Commission.
has
applied the Comprehensive
Plan and
LDR
requirements in
existence at the
time
the original development
application
was
submitted and finds that its determinations set forth in this Order are consistent with the
Comprehensive Plan,
4. The City Commission finds there is ampie and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
5. Based on the entire record before it, the. City, Commission
approves . 14 denies . these waiver requests.
G. Based oo the entire record before it, the City Commission hereby adopts
this Order this 2nd, day of December 2014, by a vote of 5 in favor and 5
opposed.
ATTEST: Cary D. Glick in, Mayor
Chevelle Nubin, City Clerk
011
City Commission Meeting of 12-02-14; Item 9.13.
2014.
IN THE CITY CONMUSSION
CHIkNIBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
CONDITIONAL USE REQUEST FOR DELRAY PRESERVE
MULTI -FAMILY RESIDENTIAL DEVELOPMENT
ORDER OF 'THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. This conditional use request came before the City Commission on December 2,
2. The Applicant and City staff presented documentary evidence and testimony to the
City Commission pertaining to the conditional use request. to allow free-standing multiple family
development, in the GC (General Commercial) zoning district up to 22 dwelling units per acre (9-1.94
dwelling units per acre proposed) located on the east side of Federal Highway, approximately 460
feetnorth of Allen Avenue (2001 and 2101 North Federal Highway) at the site of the former Delray
Lost Drive In Swap Shop and. Second Chance Empoliuril. All of the evidence is a part of the record
iri this case. Required findings are made in accordaiice with Sections I and II
1. . COMPREHENSIVE PIAN
a. Comp eheusive Plast -- Future. Ladd Use Element Objective A-1: Thus objective
requires that the property be developed or redeveloped in a manner so that the future use and
intensity is appropriate and complies in terms, of soil, topographic, and other applicable physical
considerations, is complimentary to adjacent land uses, and fidfilYs setliai 'ting laud use needs,
Is Future Land Use Element Objective A 1 met?
Yes 5 No 0
b. Future Land Use M The resulting use of hand or structures must be allowed in
the zoning district within which the laud is situated and said zoning must be consistent with the
applicable lobd use designation as shown on the Future Land Use Map. The subject property has a
City Commission Meeting of 12-02-14; Item 9,C.
Futue Land Use Map designation of GC (General Commercial) and is zoned GC {General
Comxt�ercia�.
Is the project's proposed location consistent with the Future Land Use Map?
Yes 1 5 No 0
C. Concurrency Pacilides which are provided by, or through, the City, shall be
provided to new development concurrent with issuance of a Certificate of Occupancy. These
facilities shall be provided pursuant to levels of service established within the Comprehensive Plan.
Concurrency as defined pursuant to Objective B=2 of the Land Use Element of the
Comprehensive Plah iuust be inet and a detetynination iaade that the public facility needs of the
requested ]and vse and/or development application will not exceed the ability, of the City, to fund
andprovide;. at to require the Provision of; needed capital. improvements for the following areas:
Are the concurrency requirements met with respect to watet, sewer, drainage,
streets and traffic, parks, open space, solid waste, and schools?
Yes 5 No 0
d. Coosistewcv: Will the granting of the conditional use be consistent with and further
the goals and policies of the Coriaprehensive Plan?
Yes 5 No 0
IL LDR REQUIREMENTS:
a. LDR Section 2.4.5(E) Required Findings (Conditiaizal Use): Pursuant to
Section 2.4.5(E)(5), in addition to the provisions of Chapter 3, the City Commission must deteriuiue
that the conditional use will not;
i.. Have a significantly detrimental effect upon the stability of the neighborlio4d
within which it will be located;
ii. Hinder development or redevelopment of nearby properties.
2
City Commission Meeting of 12-4i2-14; Item 9.C.
L-
Are the requitements of Section. 2.4.5(E)(5) met?
Yes 5 No. 0
la. increase in Density: Pursuant to LDR Section 4.4.60 '(1), in order to increase a
ptoject density as requested beyond sig (G) units per acre, the City Commission must make a finding
that the development substantially complies with the petfoimance standards listed below:
i. The traffic citculation system is. designed to control speed and reduce
volumes on the interior and exterior sheet network. This can be
accomplislied through the use of traffic cahnivg devices; street networks
consisting of loops and short -segments.; multiple. entrances and exits into the
development; and similar measures that are intended to minis ire through
traffic and keep speeds within the developineut at of below 20 m.p.h.
ii. Buildings are placed throughout the development iu a manner that reduces
the overall massing and provides a fechug of open space.
a Where: immediately adjacent to residential zoning districts having a lower
density; building setbacks and landscape materials along those adjacent
property lines are increased beyond the required minimums in order to
provide a meaningful buffer to thoseloiter- density areas. Building setbacks
are hitt eased by at least. 25% of the tequued n init u .r3; at least one ttee per
30 linear feet (or fraction thereof} is provided; trees exceed the required
height at time of planting by 259/b or more; and a. hedge, Wall, or fence is
provided as a visual buffet between the properties.
iv. The development offers a varied streetscape and building design. For
example; setbacks are staggered and offset, with -varying roof heights (for
multi family buildings, the planes of the facades arse offset to add interest and
distinguish individual units). Building elevations incorporate, diversity in
window and door shapes and locations; features sucli as balconies, nrches,
porches, courtyards; and design elements such as shutters, window mullions,
quoins, decorative tiles, etc.
V. A number of different unit types, sizes, and floor plans are .available -within
the development in order to accommodate households of various ages and.
sizes.-Nfulti-farmily Housing will at a mmf mum have a mix of one, Kro, and
three bedroom units with vaiTing floor plans. Single &nr ly housing.
(attached and detached) will at a tainimuln offer a mix of three and four
bedroom units. with varying floot plans.
3
City Commission Meeting of 12-02-14; Item 9.C.
vi_ The developfnetit is designed to preserve and enhance existing-natiasal areas
and/or tater bodies. Where no such areas exist, neer areas 1v1lich provide
open space and native habitat are created and incorporated itito the project.
vii. The project provides a convenient and extensive bicycle/pedestrian net�votk,
and access to available transit.
Does the development substantially comply with the perform. ane* staizdatds
described in Section 4.4.6(1)(1)?
Yes - 5 Na. 0
I The corn renis and notes set forth in tJie staff report are heteby ncorporated.hetein.
4. The City Coaum ssion has applied the Comprehensive Plan and LDR requirements
in existence at the time the conditional use request -was sukaitted.
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 and testimony of experts and other compoppat witnesses
supporting these finding-,
6. Based on the entire record before it the City Commission approves V' denies
the conditioDA use request set forth above subj'e'ct to the conditions sct forth in.Exhibit A,
attached hereto and ,rade a part hereof, and hereby adopts this order this 22nd: day of Decetnher,
2014, 6y a vote of 5. iso, favor and 0 opposed.
ATTEST:
Che>v elle Nubin
City Clerk
0
Card D. Glic Lein, btayot
City Commission Meeting of 12-02-14; [tem 9.C.
EXHIBIT A
TO '1HE CONDITIONAL USE REQUEST FOR DELRAY PRESERVE
1. Approval of a site plan by S-pluo that is in general confotmance to the submitted sketch
plaza and addresses the "Exhibit "A" - Tecbnical Items" attached in the staff report_
2_ That the applicant :seeks to extend the landscape island at the southern driveway' into the
Federal Highway right-of-way,
3. That the paved ships be. raised to address vehicle speeds..
4. That the two paths in the nature preserve be mulched, or a pervious ADA compliant material
such as Fled pave be installed-
5.
nstalled5. That a temporary irrigation spstem be used during the establishinent period of the natul-e
preserve_
G, That a bus shelter is installed along Federal Higbway,
7. That a CCTV camera be ptovided at the pool/clubhouse area.
S_ That the applicant executes a restrictive covenant that delineates the operation of the
workfoxce .housing program.
9. That it fibdmg of concurrency be submitted from the Palin Beach County School District
1q.. That a minit awn of a 5 -foot front setback be provided along Federal Highway.
11, That paved access is provided to the FIND parcel.
5
City Commission Meeting of 12-02-14; Item 9.C.