11-18-14 Regular Meeting MinutesNOVEMBER 18, 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, November 18, 2014.
1. Roll call showed:
Present- Vice Mayor Shelly Petrolia
Commissioner Alson Jacquet (arrived at 6:03 p.m.)
Commissioner Adam Frankel
Deputy Vice Mayor Jordan 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 Reverend Kathleen Gannon.
3. The Pledge of Allegiance to the flag of the United States of America was
given.
On behalf of the City Commission and City staff, Mayor Glickstein
extended best wishes for a very Happy Thanksgiving holiday.
4. APPROVAL OF MINUTES.
None.
5. PRESENTATIONS:
5.A. Spotlight on Education Presentation
Joshua David, Team Leader for Area 1, thanked Mayor Glickstein, the
City Commission and Janet Meeks for their efforts for allowing their schools the
opportunity and the venue to share the wonderful things that are here.
Dr. Anthony Lockhart, Principal of Atlantic Community High School,
thanked the City Commission and recognized the citizens and members of the PTSA. Dr.
Lockhart gave a brief overview of Atlantic High School's accomplishments and what the
high school offers. He stated Atlantic Community High School is an "A" school for the
three consecutive years (2011, 2012 and 2013).
11/18/14
At this point, the Commission moved to Comments and Inquiries on
Agenda and Non -Agenda Items from the City Manager and the Public Immediately
Following Presentations.
6.A. City Manager's response to prior public comments and inquiries.
With regard to a prior concern expressed by Mr. Kevin Warner regarding
his desire for the Commission to diversify the City's revenue and its sources, the Interim
City Manager stated because our community has so many people from outside coming in
is that you try to focus on ways to be able to tap those people for the resources and
revenues. Staff will be looking at those as we move forward.
Secondly, with regard to a prior concern expressed by Gary Wulf about
the condition of Osceola Park, the Interim City Manager stated the Community
Improvement Department has indicated that in order to combat the liter problem the City
has placed several trash receptacles around bus stops and travel ways. The Interim City
Manager stated rental properties can be difficult to manage due to the transient nature of
the residents. Staff mitigates litter throughout the city on a daily basis.
With regard to a prior concern expressed by Mitzi Katz about two (2)
historic homes that fell apart and were destroyed during the moving process, the Interim
City Manager stated the Planning and Zoning Department has been working with the City
Attorney's office to clarify and strengthen the language related to historic home
relocations and demolition. The Interim City Manager stated the recent loss contributing
to the structures has made this a priority of the department in revising the draft
regulations that will go before the board. In addition, the Interim City Manager stated the
Planning and Zoning staff has met with the groups responsible and has expressed
concerns over the moving of contributing structures for future developments. Also, the
Interim City Manager stated the Community Improvement staff and the City Attorney's
office are reviewing "The International Property Management Code" that will provide
additional strengths for the Code Enforcement's ability to do the enforcement that is
necessary.
6.13. From the Public.
6.13.1. Jim Kni ht 123 East Atlantic Avenue De[rE!y Beach FL 33444 stated
this past Friday Sandy Rollin who has run The Cafe (south end of Federal Highway north
of Linton Blvd) for 15 years passed away. Mr. Knight stated the restaurant is reopening
tomorrow and asked that people come out and support it.
Secondly, Mr. Knight commented about the Mayor's kick-off event Friday
night for the historic preservation group. Mr. Knight stated this was the largest turn -out
he has ever seen for the historic preservation group.
Lastly, Mr. Knight stated he had a client from New York who visited
Delray Beach approximately 18 months ago and he brought his entire family down for
the Surfing event. Mr. Knight stated his client will be back to do some development here
2
11/18/14
in Delray.
6.B.2. John Fischer, Code 3 Events, Delray Beach St. Patrick's Day Parade,
gave a brief overview of this year's St. Patrick's Day Parade and stated there has been a
rebranding which they believe has cleaned the parade up considerably. Mr. Fischer
stated he received emails from parents indicating that they will now bring their children
and emails from businesses indicating that this year's parade was the best ever. Mr.
Fischer stated for emergency first responders, law enforcement officers, paramedics and
firefighters that come into the city and march down a street in uniform cheered on by
thousands of taxpaying voting citizens is a morale boost like no other and for Delray
Beach to be a platform for that is priceless. In addition, Mr. Fischer stated to see uniform
personnel marching with pride, honor, dignity, respect, patriotism, discipline and
teamwork is an awesome role model image for our children.
6.B.3. Ron Nobili, 159 Marine Wgy, Boat Slip #15, Delray Beach, FL 33444,
stated he has previously addressed the City Commission regarding the inequities of the
final proposal with regards to parking in the district. Mr. Nobili stated the boaters
concerns and needs are being adequately addressed. He stated the boating community is
unique and should be excluded from the rest of the district residents the majority of
whom live in a community with off-street parking available or have access to their own
driveways. Mr. Nobili stated less than half of the boat slip occupiers are live-aboards and
more than half of the boaters arrive sporadically thus limiting parking congestion on
Marine Way. Mr. Nobili urged the City Commission to consider the hardship placed on
certain boaters if the City restricts their ability to park on Marine Way when there are
actually several parking spaces available. Mr. Nobili requested a second guest pass and
stated because he is single his civil liberties would be jeopardized as a result of this and
he does not feel it is fair.
6.B.4. Pauline Moody, 609 S.W. 8th Avenue, Delray Beach, FL 33444,
commented about not completing the Federal Highway redevelopment project and in her
opinion Ms. Moody stated this project is a disaster. Ms. Moody expressed concern over
the relocation of the bus stops.
6.B.5. Linda Oxford, 148 Coconut Road, Delray Beach,_. FL 33444, stated the
Veteran's Day Parade was very enjoyable.
Secondly, Ms. Oxford stated she would appreciate it as a voter and
constituent that each of the Commission members do their very best to make it to each
and every meeting for the betterment of the city.
7. AGENDA APPROVAL.
The Interim City Manager requested that Item 8.H., Emergency Services
Agreement/Palm Beach County Fire Rescue be moved from the Consent Agenda to the
Regular Agenda as Item 9.A.A.
11/18/14
The City Attorney requested that Item 10.B., Ordinance No. 33-14
Second Readin (Second Public Hearino be withdrawn from the Agenda as the item is
no longer relevant as a result of the failure to approve the Amendment 42, Medical
Marijuana Referendum, on November 4, 2014.
Also, the City Attorney stated he will be requesting an Executive Closed Door
Session to review the status of the PBA negotiations and he will work with staff to
schedule this meeting at a convenient time.
Vice Mayor Petrolia requested to move Item 8.N.1., Bid Award to J.W.
Cheatham, LLC from the Consent Agenda to the Regular Agenda as Item 9.B.B.
Deputy Vice Mayor Jarjura moved to approve the Agenda as amended,
seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Mr.
Jacquet — Yes; Mr. Frankel — Yes; Deputy Vice Mayor Jariura — Yes; Mayor Glickstein —
Yes; Vice Mayor Petrolia — Yes. Said motion passed with a 5 to 0 vote.
8. CONSENT AGENDA: City Manager Recommends Approval.
8.A. FIRST AMENDMENT TO AN INTERLOCAL
AGREEMENT/PALM BEACH COUNTY: DIGITAL DIVIDE PROGRAM:
Approve an Amendment to the Interlocal Agreement between the City and Palm Beach
County for shared information technology services as part of the Digital Divide Program.
8.B. ADVANCED APPROVAL FOR FY 2015 SPENDING GREATER
THAN $25,000.00/ACE HARDWARE: Approval for FY 2015 spending with Ace
Hardware in an amount not to exceed $50,000.00 for small tools and hardware items.
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".
S.C. ADVANCED APPROVAL FOR FY 2015 SPENDING GREATER
THAN $25,000.00/BOCA SMALL ENGINES, INC.: Approval for FY 2015 spending
with Boca Small Engines, Inc. in an amount not to exceed $50,000.00 for purchases of
lawn maintenance equipment and repair kits. 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".
S.D. ADVANCED APPROVAL FOR FY 2015 SPENDING GREATER
THAN $25,000.00/HOME DEPOT: Approval for FY 2015 spending with Home Depot
in an amount not to exceed $150,000.00 for the purchase of replacement tools and
supplies. 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".
S.E. ADVANCED APPROVAL FOR FY 2015 SPENDING GREATER
THAN $25,000.00/PFM ASSET MANAGEMENT, LLC.: Approval for FY 2015
spending with PFM Asset Management, LLC. in an amount not to exceed $50,000.00 for
0
11/18/14
investment research and supervision of the City's investable funds. 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".
8.F. ADVANCED APPROVAL FOR FY 2015 SPENDING GREATER
THAN $25,000.00/SULLIVAN ELECTRIC AND PUMP, INC.: Approval for FY
2015 spending with Sullivan Electric and Pump, Inc. in an amount not to exceed
$85,000.00 for the repairs, rehabilitation and parts related to submersible wastewater
pumps for sewage Lift Stations. 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". Funding is available from 441-5144-536-46.20 (Water
& Sewer Fund: Repair & Maintenance Service/Equipment Maintenance).
B.G. RESOLUTION NO. 58-14/BUDGET AMENDMENT: Approve
Resolution No. 58-14 amending Resolution No. 44-13 adopted September 17, 2013,
which made appropriations of sums of money for all necessary expenditures of the City
of Delray Beach for the FY 2013/2014, by setting forth the anticipated revenues and
expenditures for the operating funds of the City for FY 2013/2014.
The caption of Resolution No. 58-14 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
RESOLUTION NO. 44-13 ADOPTED SEPTEMBER 17,
2013 AND RESOLUTION NO. 24-14 ADOPTED MAY
20, 2014, WHICH MADE APPROPRIATIONS OF SUMS
OF MONEY FOR ALL NECESSARY EXPENDITURES
OF THE CITY OF DELRAY BEACH, FLORIDA, FOR
THE FISCAL YEAR 2013/2014, BY SETTING FORTH
THE ANTICIPATED REVENUES AND
EXPENDITURES FOR THE OPERATING FUNDS OF
THE CITY FOR THE FISCAL YEAR 2013/2014;
REPEALING ALL RESOLUTIONS INCONSISTENT
HEREWITH.
(The official copy of Resolution No. 58-14 is on file in the City Clerk's
office.)
B.H. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A.A.
B.I. INTERLOCAL AGREEMENT/PALM BEACH COUNTY; P25
MIGRATION PROJECT: Approve an Interlocal Agreement between the City and
Palm Beach County including consultant costs for professional services related to the
migration of the City's communications system to Project 25 (P25 Migration) in the
amount of $35,859.85 with an additional $20,000.00 if the tower structural modifications
5
11/18/14
or antenna changes are needed. Funding is available from 001-2111-521-34.90 (General
Fund: Other Contractual Service).
8_J. LICENSE AGREEMENT/PALM BEACH COUNTY SPORTS
COMMISSION: Approve a revocable License Agreement between the City and Palm
Beach County Sports Commission for the Seacrest Soccer Complex for the NAIA Men's
National Soccer Championships from December 1 - 6, 2014.
S.K. ADVANCED APPROVAL FOR FY 2015 SPENDING GREATER
THAN $25,000.00/PUBLIC FINANCIAL MANAGEMENT, INC.: Approval for FY
2015 spending with Public Financial Management, Inc. in an amount not to exceed
$50,000.00 for financial planning, policy development, and services related to debt
issuance. 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".
S.L. PROCLAMATIONS:
1. None
8.M. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards
for the period October 27, 2014 through November 7, 2014.
8.N. AWARD OF BIDS AND CONTRACTS:
1. THIS ITEM HAS BEEN MOVED TO THE REGULAR
AGENDA AS ITEM 9.B.B.
2. Contract award to Special Products Group, Inc. through the City of
Melbourne Contract #08-096-0-2011 at a cost not to exceed
$66,150.00 for uniform and equipment procurement for Fire -
Rescue Department personnel. The recommendation for award is
in compliance with the Code of Ordinances, Chapter 36, Section
36.02(C)(7)(c), "Utilization of Other Governmental Entities'
Contracts". Funding is available from 001-2311-522-52.22
(General Fund: Uniform Linen Service), 001-2313-522-52.22
(General Fund: Operating Supplies Equipment/Uniforms/Linen
Service), 001-2115-521-52.22 (General Fund: Uniform Linen
Service), and 001-2115-521-52.27 (General Fund: Operating
Supplies Equipment <$1,000.00).
Vice Mayor Petrolia moved to approve the Consent Agenda as amended,
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.
6
11/18/14
9. REGULAR AGENDA:
9.A.A. EMERGENCY SERVICES AGREEMENT/PALM BEACH
COUNTY FIRE RESCUE: Approve the Emergency Services Agreement between the
City and Palm Beach County Fire Rescue for Mutual Assistance, Automatic Aid and
Dispatch Services.
The Interim City Manager stated he and Mayor Glickstein discusses this
item before the meeting and thanked Mayor Glickstein for his agreement and desire to
pull this item for discussion. The Interim City Manager stated this is an agreement
between the City of Delray Beach and Palm Beach County Fire Emergency Services to
provide communications or dispatch for the Fire Department.
Kevin Green, Assistant Fire Chief, stated Palm Beach County Fire Rescue
dispatch is very specific to fire and EMS. Chief Green stated the center is very well
staffed and biggest enhancement for Delray Beach is we would be able to take advantage
of automatic aid with Palm Beach County Fire Rescue. He stated their stations that sit
west of the city would respond automatically into the city if needed on a daily basis and
on large scale incidences the city would have direct access to their resources. Chief
Green stated as we move forward with the radio upgrades there is approximately
$900,000 plus in hardware costs that would be saved to the city because that cost is
carried over to Palm Beach County (i.e. radios, initial hardware, maintenance, computers,
apparatus, the installation, etc.). Chief Green stated their response times should go done
because resources that have to move from far extreme ends of the city will no longer have
to do that.
The Interim City Manager stated from an operational perspective this will
give the city the opportunity to access data and information that is going to be critical to
the department in being able to chart a number of issues that is not possible to do now.
The Interim City Manager stated the city does not have to pay the county for this because
everyone is already paying tax dollars that help to support this. The Interim City
Manager stated the City would be able to make the transition with no cost in hardware,
equipment software, or anything of that nature to the City of Delray Beach.
Deputy Vice Mayor Jarjura moved to approve Item 9.A.A. (formerly
Item 8.11.), seconded by Mr. Frankel. 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.
9.13.13. BID AWARD TO J.W. CHEATHAM, LLC. (BID NO. 2014-32): in
the amount of $240,308.00 for the annual Street Resurfacing Project 2013-44. This is in
compliance with the Code of Ordinances, Chapter 36, Section 36.02(A), "Sealed
Competitive Method". Funding is available from 334-3162-541-61.17 (General
Construction Fund/Streets, Alleys, Sidewalks) and 001-3113-541-53.10 (General
Fund/Street Maintenance).
Randal Krejcarek, Director of Environmental Services, stated this is the
annual resurfacing contract and staff would like to award it to Cheatham.. Vice Mayor
7
11/18/14
Petrolia asked how staff's ranking of these particular roads that need to be done because
she stated she drove the roads and found some spots in some of the roads that are not up
for resurfacing that are actually gravel in spots. Mr. Krejcarek stated last year staff hired
a company to come in ride every street that the City maintains and they did a
comprehensive evaluation of all the streets and they assigned a condition index to each of
the streets. Mr. Krejcarek stated the index is between 0-100 (100 brand new street and 0
is a street that the City needs to reconstruct completely) and noted that the City has a lot
of streets between 50-70 which is the range to look at to try and resurface the street in
order to extend the life of the street as long as possible. He stated the City is currently
working on Fern Drive and noted if the City were to do all the streets in Tropic Isles
between the 50-70 range the City would need $4-5 million to resurface all those streets;
Fern Drive is the lowest rated street in Tropic Isles. Vice Mayor Petrolia stated the road
she is talking about has a patch that has 4 or 5 feet of gravel and it has asphalt on both
ends leading out; it was dug up at one point and was never repaved. She asked why this
would not be done as a first priority. Mr. Krejearek stated that would be considered a
patch and it is handled separately not under resurfacing. Vice Mayor Petrolia stated with
regard to Lindell Boulevard goes from S.W. 10t1i Street to Dotterel and asked why it is the
entire stretch and not just the stretch that seems to be in need of repair. Mr. Krejcarek
stated when staff develops the list they look at the overall rating and also look at where it
makes sense to start and stop the resurfacing. He stated Lindell Boulevard is also
scheduled to be restriped this year.
Vice Mayor Petrolia moved to approve Item 9.13.13. (formerly Item
8.N.1.), seconded by Deputy Vice Mayor Jarjura. 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.A. 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 Vice Mayor Petrolia (Seat #1).
Vice Mayor Petrolia stated she would like to defer her appointment to the
next regular meeting of December 2, 2014.
At this point, the City Commission adjourned the meeting until 7:00 p.m.
At this point, the time being 7:00 p.m., the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
10. PUBLIC HEARINGS:
10.A. ORDINANCE NO. 34-14 (SECOND READING): Consider an
amendment to Chapter 32, "Departments, Boards and Commissions", of the Code of
Ordinances; amending the rules for removal for members of City boards; amending
Section 32.15, "Definitions", amending Section 32.17, "Grounds for Removal"; and by
8
11/18/14
repealing Section 32.19, "Vote Necessary for Removal" in its entirety.
The caption of Ordinance No. 34-14 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 32, "DEPARTMENTS,
BOARDS AND COMMISSIONS", OF THE CODE OF
ORDINANCES; AMENDING THE RULES FOR
REMOVAL FOR MEMBERS OF CITY BOARDS;
AMENDING SECTION 32.15, "DEFINITIONS",
AMENDING SECTION 32.17, "GROUNDS FOR
REMOVAL"; AND BY REPEALING SECTION 32.19,
"VOTE NECESSARY FOR REMOVAL" IN ITS
ENTIRETY, PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 34-14 is on file in the City Clerk's
office.)
A public hearing was held having been legally advertised in compliance
with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida.
The City Attorney read the caption of the ordinance and stated this is the
second reading of an ordinance that was previously discussed with respect to defining the
rules for removing board members. At the last meeting, the City Attorney stated there as
discussion about the definition of Abandonment of Office and this draft has been further
amended as a result of that discussion "Abandonment of Office is defined to mean three
(3) consecutive regular meetings and language added it is also consider to abandon office
if a board member misses five (5) regular meetings over the course of one calendar year."
Mayor Glickstein declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 34-14,
the public hearing was closed.
Mr. Frankel moved to adopt Ordinance No. 34-14 on Second and FINAL
Reading, 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.
10.B. THIS ITEM HAS BEEN WITHDRAWN FROM THE AGENDA AS
A RESULT OF THE FAIL URE TO APPROVE THE AMENDMENT #2, MEDICAL
M9RIJUANA REFERENDUM, ONNOVEMBER 4, 2014.)
10.C. ORDINANCE NO. 29-14 (FIRST READING/FIRST PUBLIC
HEARING): Consider a city -initiated amendment to the Land Development Regulations
9
11/18/14
of the City of Delray Beach; repealing and replacing Section 4.4.13, "Central Business
District (CBD)", with new zoning regulations. If passed_, a second public hearing will be
held on December 2, 2014.
The caption of Ordinance No. 29-14 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH;
REPEALING AND REPLACING SECTION 4.4.13
"CENTRAL BUSINESS DISTRICT (CBD)" WITH NEW
ZONING REGULATIONS; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 29-14 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Dana Little, Director of Planning and Zoning, stated this is for Item
10.C., 10.D., and 10.E. which are three (3) companion ordinances here for their first
public hearing and these are the downtown central business district Code revisions. Mr.
Little stated Ordinance No. 29-14 is the repeal and replace ordinance and this is to
replace Section 4.4.13 the Central Business District Code and the LDRs with what is in
the Commission packages and replace what is in the Code; Ordinance No. 30-14 is the
clean-up ordinance; and Ordinance No. 31-14 is the rezoning of the Central Business
District Railroad Corridor to Central Business District (CBD) Sub -district Railroad
Corridor and is essentially a name change. Mr. Little introduced the following
individuals: Anthea Gianniotes, Urban Design Director for Treasure Coast Regional
Planning Council and Marcela Camblor-Cutsaimanis, Former Urban Design Director for
Treasure Coast Regional Planning Council for 11 years and also the Project Manager in
2000 when the Downtown Master Plan was created and adopted in 2002.
Anthea Gianniotes, Urban Design Director with Treasure Coast
Regional Planning Council, stated there are there ordinances; one ordinance is the
revised Central Business District Code and the other ordinance picks up the cross-
references that other sections of the ordinances and Codes inter -relate to the Central
Business District (CBD); and the final ordinance is rezoning the Central Business District
RC. She stated one of the efforts of the revised Code is to take a lot of the instructions
that existing in the previous Code that was geographic in their instructions. Ms.
Gianniotes stated one of the things on the map includes primary and secondary street
10
11/18/14
designation and was based only on lot orientation and as the City has grown and changed
over time that distinction of what streets are really intended to be the fronts and which are
the support streets would help guide development moving forward. She stated uses are
usually the same and instead of being a list are organized into a table to make it clear
what the distinctions among the different sub -districts are (i.e. the Central Core, the
Railroad Corridor, the beach area and the West Atlantic neighborhood). Ms. Gianniotes
stated that Treasure Coast Regional Planning Council were instructed to do a careful
recheck of the RC to make sure that nothing was inadvertently being removed or added
without it being clear what the changes were. She stated there was a use about storage
but there was already a general storage use that was allowed so that was removed; with
respect to food preparation and processing they felt that use was covered under catering
and restaurants but to be sure that nothing was being taken away that was brought back
into the table; dry cleaning processing plants was in the district before and if the
Commission wants to keep it exactly the same they are back in as a conditional use (she
noted there have been improvements over time in terms of chemicals). Ms. Gianniotes
stated in the RC multi -family is already permitted as a use. She stated it was not clearly
stated that live/work was allowed so it was clarified that those accessory residential uses
would be permitted. She stated the current Code was anticipating based on the rules 4 -
stories and 48 feet and what happened over time was variances in the minimum floor to
ceiling height and waivers to the active use liners are part of what has created a 5 -story
fabric within 48 feet. Ms. Gianniotes stated the proposed Code does two (2) things: (1)
it puts a number of story limit in the Code and (2) puts in an overall building height. She
stated the initial draft she presented to the Commission only had a number of stories. Ms.
Gianniotes stated there were some concerns that if every story was maximized the
buildings would get out of scale so the final draft has both 4 stories and 54 feet. Ms.
Gianniotes stated if we raise the minimum office standard to ten (10) feet then we are up
to fifty (50) feet. She stated some concern was that the move from 48 feet for 54 feet is
that they have given the builder six (6) feet but there is no additional floor area to sell, or
build, or occupy but you are getting the ceiling height to enable those adaptive reuses to
occur over time. Ms. Gianniotes stated Treasure Coast recommends being a mixed-use
downtown to position the city for the future. She stated the overall building height is
measured to the top of the flat roof or to the soffits of the pitched roof. Ms. Gianniotes
suggested that the City encourage tradition authentic architectures to Delray Beach and
stated that method of measuring was maintained in this draft and brought forward. Ms.
Gianniotes stated the current LDRs stated that if you have a commercial use the setback
if five (5) feet minimum ten (10) feet maximum; for residential it is ten (10) feet. She
stated there are streetscape standards in this Code which distinguish between how
commercial streetscapes behave and how residential streetscapes behave both have a curb
zoned which is where the trees, lights, and signage should be located, a pedestrian clear
zone which has been increased from five (5) feet to six (6) feet and the remaining area.
Ms. Gianniotes stated what the previous draft did not have was a requirement for facade
transparency within that passageway; however, she feels that 20% is too low. Ms.
Gianniotes With respect to building intensity and scale, Ms. Gianniotes gave examples of
various projects throughout the city and stated the higher density and numbers is not
necessarily correlated to allowing the higher height. She noted that the increased height
is no longer part of this draft. She stated the concern of smaller units be measured for the
11
11/18/14
downtown as a whole. Ms. Gianniotes stated the number of stories needs to be in the
height limit; it is clear, predictable, laypeople understand it, and there are no surprised
when things happen. She stated the active uses at the ground level do not always mean
retail or commercial; Atlantic Avenue and Pineapple Grove Way are required retail
streets not residential (in existing Code; just not mapped). Ms. Gianniotes stated what is
front of the Commission tonight is a proposed density bonus program; the fifth floor is
removed from this document. She stated in order to achieve the density beyond the 30
dwelling units per acre in the central core are the 12 dwelling units per acre in the West
Atlantic area; this is a form based Code and the entire project would move through
SPRAB to evaluate the full design proposal which would then make a recommendation to
the City Commission for final action. She stated the beach district is not eligible for the
density bonus program; some OSSHAD properties — part of the CBD Overlay is not
eligible; and, properties that have frontage on Atlantic Avenue would also not be
encouraged to redevelop. She stated when the height part was removed from the
ordinance the depth key was with the height so they need to add the parameters of when
something engages Atlantic how far back does it matter. Ms. Gianniotes stated the
performance standards are the workforce housing (20%) having that diverse unit
type/anything that goes beyond 25% efficiencies, 30% one -bedrooms would go to the
board for evaluation. She stated there is a new section on green building practices
modeled after how the City of Miami is doing it; this is not required for people asking for
public benefit they require it for every building over 50,000 and it is a LEED Silver
target. She stated Treasure Coast has received some suggestions to incorporate a fee to
support bicycle/pedestrian improvements and to incorporate a bike/share program as part
of their approval.
Ms. Gianniotes stated vehicular parking hotels/motels are currently
required to have .7 spaces for each guest room plus 1-300 floor area for ballrooms and
meeting rooms; restaurants always follow the underlining restaurant rules. She stated
they proposed one (1) space per four (4) guest rooms but they are also recommending
that they reset back to the existing rule; with respect to professional office there was a
Kimley-Horn study that recommended that for the smaller offices (under 10,000 square
feet) that there be more flexibility with their requirement and move those requirements to
1 per 500; retail and commercial uses are currently 1 per 300 and she recommends 1 per
500 because it is consistent with downtown urban parking across the board. Ms.
Gianniotes stated residential/restaurant stayed the same and live/work as a residential unit
needs more spaces and recommends that be 2. She stated they raised the current parking
requirements for Atlantic Avenue. Ms. Gianniotes stated if you are within 750 feet of a
Tri -Rail Coastal Link station or a public parking garage changes in uses except
restaurants do not require additional in existing buildings and opt into the in -lieu in
payment option. She stated bicycle parking is part of the Code now and there are
showers and lockers that are required for offices that are over 50,000 square feet. Ms.
Gianniotes stated the highly connected street and blocks structure is very important and
this Code suggests that the travel lanes can be narrower than they are in the rest of the
city, streets and alleys may not be vacated or closed to accommodate new development
and recognizes that alleys are an important tertiary support system. However, the current
draft states that if you need to adjust or relocate them you can as long as they stay in the
12
11/18/14
same block and that they maintain two points of access. She stated the alleys do not
exactly align now so if the Commission wants the flexibility to make those adjustments
they can and suggested that closing the link altogether and that it no longer be on the
table. Ms. Gianniotes stated there is a new requirement for analysis of traffic circulation
and access points; the development proposes to move an alley, the development is located
on a block that does not have an alley, the site is two acres or more in size, or the site is
located along the intracoastal waterway or a waterfront park which limits the east/west
mobility. She stated there is new language proposed for the CBD that limits use of
waivers. Ms. Gianniotes stated for the CBD they recommend adding additional standards
to consider which are that the waiver is not going to result in an inferior pedestrian
experience along a primary street; that it is not going to create a significant
incompatibility, that it is not going to erode the connectivity of street and sidewalk
network or reduce the quality of civic open spaces. Ms. Gianniotes stated Treasure Coast
recommends approval; however, the maximum density in the central core is not
determined. She asked for policy direction from the Commission on this and that hotel
parking remains at .7 spaces per room and the other two ordinances cleanup cross
reference ordinance and the RC into a fonnal sub -district of the CBD that those be
adopted.
Mayor Glickstein declared the public hearing open.
Christina Morrison, 2809 Florida Boulevard 4207, Delray Beach, FL
33483, expressed concern that the LDR changes are being considered without an
economic development plan or a safety plan to preserve and enhance the residential areas.
Ms. Morrison stated the entire downtown core can now be 54 feet high and asked if
Atlantic Avenue is going to be 54 feet high. She suggested that before the City
Commission proceeds with future LDR changes that an economic development plan and
the traffic management plan is set in place for the city.
Bob Ganger, Florida Coalition applauded Anthea for staying on plan.
Mr. Ganger suggested that if the City Commission has any changes in mind from what
Anthea has proposed to something they can vote on today and at the next hearing, that it
be something strategic. Mr. Ganger referenced an article in the Sunday paper about a
new development called Banyan Lofts that is proposed in West Palm Beach. Mr. Ganger
stated strategically we are really not looking to have more mini apartments in the city but
he would like to see more owned property and more property that is 2 and 3 bedroom for
people to live here.
Jack Barrette, 1201 Seasnray Avenue, Delray Beach, FL 33483, stated
there has been a lot of discontent among citizens about the way this has been handled so
fax (i.e. petitions, protests, lawsuits, traffic studies, historic designations ignored) and he
feels that developers too often their way with the city when it comes to project
management and design. Mr. Barrette stated a stricter set of guidelines is needed so the
city can actively manage development in the downtown with strong and transparent rules
that govern height, density, parking, architecture, and green space. Mr. Barrette
applauded the efforts of Mayor Glickstein, Vice Mayor Petrolia, and those who have
13
11/18/14
worked so hard on these LDRs to cap the downtown stories at 4 -stories at 54 feet. He
urged the City Commission to keep making the LDRs strong to ensure responsible
development. Mr. Barrette briefly spoke about the bonus program to allow some
flexibility.
Benita Goldstein, 302 N.E. 7th Avenue, Delray Beach, FL 33483,
commented about the front page of the Sun -Sentinel which talked about Boca's new
height; 140 feet and allowing another 20 feet to make it 160 feet. Ms. Goldstein stated
some citizens have a multitude of questions about the proposed LDRs in particular the
bonus program and the parking. In her opinion, Ms. Goldstein stated the proposed LDRs
are one-sided and not for the citizens of Delray Beach.
Anna Bierstock, 417 Palm Trail, Delray Beach, FL 33483, stated they
are highly impacted by what is going on in the CBD and appreciates the hard work of the
City Commission. Ms. Bierstock stated if this continues at the rate the city is going it
will be impossible to get across the street. Ms. Bierstock stated if you are on Lake Ida
(4th) and try to get across Federal Highway at Walgreens it is a 4%2 minute crossing no
matter which way you go. She stated the City Engineer was concerned about the
north/south but since she lives in the east/west section she would like to be able to get
across so that she can go north or south. Ms. Bierstock urged the City Commission to
look into the infrastructure of this and feels the City needs to come up with a plan that
developer's take seriously.
Rita Rana 50 East Road #9C Delray Beach FL 33483 read a brief
statement into the record. Ms. Rana stated she intends to patronize every store that
begins in Delray; however, she strongly opposes a reckless attempt at a profit. She
inquired about the objective and varied traffic planning proposals for the various projects
affecting the city and the objective reports for suitable parking for various projects
especially for Atlantic Crossing. Ms. Rana stated what the contingency plan is if Atlantic
Crossing is not successful and what legally binding negotiations have occurred for
benefits to Delray from developers who will profit from the citizens and visitors here.
Ms. Rana stated she does not feel that the city has not had a majority of leaders with
courage, talent, vision, maturity, and political intellect to property steer the city and she
hopes the majority of the leaders with those attributes now.
Diane Colonna, Executive Director of the Community Redevelopment
Agency_ (CRA), stated the CRA funded 75% of the study and for the most are pleased
with the outcome. Ms. Colonna commended Treasure Coast, Anthea and Marcela for
their hard work. Ms. Colonna stated there are a number of revisions that will improve the
look and feel of the downtown including those requirements that are going to result in
wider sidewalks, public plazas, more sustainable buildings, reductions in some of the
parking requirements. Ms. Colonna stated measuring height by stories is going to result
in better quality development as well. She stated those revisions were included in the
version of the LDRs that went to the CRA in September which they reviewed and
supported and that version of the code also included the ability to go to five stories based
on meeting certain performance requirements. Ms. Colonna stated that provision has
14
1.1118/14
been removed and the proposal is to limit development to no more than four stories
anywhere in the CSD. She expressed concern over that limitation. Ms. Colonna stated
there is lack of quality space and their office of economic development is always hearing
from companies who really want to locate their businesses downtown but there is no
Class "A" or Class "B" space available. She stated there is discussion about creating this
positive supportive environment for entrepreneurs where people can live and work in a
vibrant downtown with other creative people. Ms. Colonna stated anyone who wants to
build new office space downtown is having to overcome the high cost of the land,
preleasing requirements that the banks impose, the vacancy rate outside of the downtown
is so high it affects how the numbers impact on anything anyone is trying to do
downtown and now the city is imposing additional restrictions on what can be built by
taking away a full story. In addition, Ms. Colonna expressed concern over eliminating a
potential incentive for workforce housing and she stated the code revisions have already
eliminated the ability to go up to six (6) stories and the CRA supported that change. Ms.
Colonna stated they had a bonus program that limited where the fifth story could go (not
in a historic area and not near any residential) and feels this should be maintained.
Lastly, Ms. Colonna stated we need to plan the downtown for future generations.
Steve Michael 909 McCleary Street Delray Beach FL 33483
(Principal of Hudson Holdings, Inc. and he is not advocating for their parficular
development and has no interest in any other properties on West Atlantic Avenue
Corridor), read a brief statement into the record regarding the proposed LDRs for the
CBD. Mr. Michael stated pedestrians are vital to the retail and office experience and East
Atlantic Avenue is a dining destination that responds to a market trend in which
pedestrians are a key feature. Mr. Michael stated the city can create a new relationship
between dining destination east of Swinton Avenue and new retail and office destination
west of Swinton Avenue.
Jason Breeman, 227 Lake Terrace, Delray Beach, FL 33444, thanked
the City Commission for listening to Human Powered Delray (HPD) and there are some
other things that they would still like to see. In addition, Mr. Bregman thanked the City
Commission for changing the policy regarding the emails being sent out for these
meetings and for changing the City's homepage to announce these meetings. He stated
the attendance is because this is being discussed at the right time of year rather than
trying to rush this through the summer. Mr. Bregman also thanked the City for putting in
the green building components and the streetscape recommendations look good.
However, Mr. Bregman stated currently there is nothing in the code or the LDRs that
defines Delray Beach as a four (4) story city; he suggested that the city leave it at three
(3) stories (48 feet which is allowed currently). Mr. Bregman stated the city can give
developers the following as part of a bonus program: (1) density, (2) the 4 -stories, (3) the
increase from 48 feet to 54 feet (additional 6 feet) and noted the city is about to give
away with no bonus program; the city is only asking for a bonus program on density. He
strongly recommends that the city consider his suggestion along with bike and pedestrian
improvements.
15
11/18/14
Vicki Lichtman, 408 Palm Trail, Delray Beach, FL 33483, stated she
lives down the street from where Atlantic Crossing would be built and expressed concern
over this proposed project, the traffic and the parking. She expressed concern over the
traffic and asked where the traffic is going to drive and how do you drive close enough to
be able to walk. Ms. Lichtman stated she does not want people parking in her
neighborhood because there is not enough traffic allowance to be able to get through
Federal Highway and get out in an emergency. She urged the City Commission to
protect her and the city.
Arlen Dominek, 50 East Road 2-G, Delray Beach, FL 33483, thanked
the City Commission for all their hard work. He stated the traffic has increased and the
LDRs and what the city is trying to do should accommodate new innovative ways of
handling traffic through the city too. Mr. Dominek stated along with the changes in
traffic he suggested that there be stricter enforcement downtown. He stated the CRA was
created to help create a vibrant downtown and that vibrant downtown now exists and
maybe the City does not need to fund the CRA anymore.
Jim Chard, 401 S.E. 4`h Avenue, Delray Beach, FL 33483,
renresentinf! Human Powered Delray (HPD), stated HPD has worked very hard with
the City and Treasure Coast with a series of recommendations with regard to the LDRs.
Mr. Chard stated this is a great opportunity to change the mix between automobiles,
walkers, and bicyclists. He stated many of suggestions that HPD made to Treasure Coast
Regional Planning Council were incorporated into this Plan. Mr. Chard suggested that if
there is going to be a bonus program that it not only be for workforce housing and LEED,
but that it also includes infrastructure and that it be used to promote a transportation
network that is separate and distinct from that of the automobile.
Joann Peart, 107 N.W. 91" Street, Delray Beach, FL 33444, stated
several years ago when Barr Terrace was built she and other residents went before the
City Commission at that time and suggested that they not build above three (3) stories
which lasted until the City decided it wanted Worthing Place and residential areas for
people to live downtown and thus the City went to four (4) stories. Ms. Peart stated she
does not feel the City has to give things anymore, that the City set its standards and keep
the city as nice as it can, and not be exploited by developers. Ms. Peart stated there are
good developers that do care about the city, but through the years she has seen where
some developers Iive here, build, and then they move north to North and South Carolina
where it is quiet, not much traffic and the scale is lower.
Claudia Willis, 150 Marine Way, Delray Beach, FL 33483, read a brief
statement into the record and stated she strongly opposes the height increases and
requested that they be kept to a minimum. Ms. Willis stated as a landlord owning only
single family homes she constantly gets requests from residents of some of those
buildings with a non -family mix that they are looking to move away from "a building full
of guys and their dogs which bark all night while they're out partying." Ms. Willis urged
the City Commission to keep the residential mix focus toward families and do not raise it
to 55% one -bedrooms. She suggested that the City lowering or waiving the parking
16
11/18/14
requirements and stated we should expect green buildings, civic space, workforce
housing and not have to bargain for it. Ms. Willis stated many residents do not feel that
more is the answer.
Dameon Fitzsimmons, 24 Salina Avenue, DeIray Beach, FL 33444
(Delray Beach resident since 1991), stated he is glad that the city is not going with five
(5) stories and feels it is a privilege to build in Delray Beach and if there is going to be
four (4) story construction it should still require more open space, bike and pedestrian
improvements, green building, workforce housing, and an improved infrastructure. He
stated Treasure Coast Regional Planning Council did a great job; however, instead of
doing more work on studying building style he feels it would be more beneficial if they
took the time and studied bike and pedestrian improvements instead.
Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane #2110, Delray
Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray
Beach and Member of the Alliance), briefly spoke about the proposed Atlantic
Crossing project, the Hastings Development, and North Federal Highway. He stated the
residents did not ask for all these projects and expressed concern over the traffic and
gridlock that will be generated from these projects. Dr. Kitson suggested that the City
Commission table the LDRs and that the City place four (4) year moratorium on new
construction.
,lav Jacobson, 222 N.E. 8tb Avenue, Delray Beach, FL 33483 (lives on
the east side one block off Palm Trail), stated he had no issue traveling east/west until
the Federal Highway Beautification Project started. Mr. Jacobson commended the
Treasure Coast Regional Planning Council has done a fantastic job for the city. He stated
what is being proposed in the LDR revisions is really what the city needs and it is
clarifying a process. Mr. Jacobson commented about unintended consequences and
stated the LDRs puts an amazing amount of power into the hands of SPRAB and urged
the City Commission to nominate competent people to this board.
Rachael Good, 228 Beverly Drive, Delray Beach, FL 33444, stated she
is a registered Hospice nurse and feels that she represents the workforce of this city. Ms.
Good expressed concern over the 55% where it is one -bedroom and efficiencies. Ms.
Good stated she rents a two-bedroom place, lives alone, is not transient, and also owns a
home in the city. In addition, Ms. Good expressed concern about what will be happening
off Swinton Avenue with Hudson Holdings, Inc. and she is not happy with the proposals.
She urged the City Commission to protect the city for the residents.
Cindi Freeburn, 371 East Mallory Circle, Delray Beach, FL 33483,
stated Delray Beach has primarily been a three (3) story town and to encourage the fourth
story would be the bonus. Ms. Freeburn expressed concern over the city allowing any
variance and requested that the City Commission not allow any conditions or exceptions
for developers. Ms. Freeburn stated she would like to live the rest of her days in a
wonderful community where the integrity of the town is the primary focus of everyone.
17
11/18/14
Sam Bierstock, 417 Palm Trail, Delray Beach, FL 33483, stated he is
trying to adjust to the rationale of reducing Federal Highway to two (2) lanes. Mr.
Bierstock stated with the residential areas that have gone up along Federal Highway we
have lost sight of the sky. He expressed concern that the height considerations are
impacting this city and asked how the city is going to alleviate the traffic concerns. Mr.
Bierstock stated he finds it presumptuous for someone to tell him that he should be riding
a bike or walking because he does not understand where that comes into planning for the
city; he stated there are a lot of people that are older that need to drive and he does not
feel the decision should be made legislatively.
Hannah George Connell, Abeleina Properties, 400 East Atlantic
Avenue, Delray Beach, FL 33483, stated the purpose of intent of the Central Business
District (CBD) is established in order to preserve and protect the cultural and historic
aspects of downtown Delray Beach and simultaneously provide for the stimulation and
enhancement of the vitality and economic growth of this area and more specifically to the
central core district. Ms. Connell stated the regulations are intended to result in
development that preserves the downtown historic moderate scale while promoting a
balance mix of uses to help the area to evolve into a traditional self-sufficient downtown.
Gary Shusas, 120 South Ocean Boulevard, Delray Beach, FL 33483,
stated the presentation from Treasure Coast Regional Planning Council (TCRPC) was
brilliant. Mr. Shusas stated four (4) stories is a good height as long as there are setbacks.
He asked that the City save the alleys, create more bike parking, create an area at the end
of the public beach for electric vehicles to fuel up, and commented about the east/west
corridor.
Jestena_ Boughton, 525 East Atlantic Avenue, Delray Beach, FL 33483
(Colony Hotel), thanked Treasure Coast Regional Planning Council and Mr. Little for all
their hard work. Ms. Boughton stated she is on the Board for Human Powered Delray
(HPD) and supports the comments expressed by Jason and Jim. Ms. Boughton stated the
moratorium is a terrible idea but a good idea because the proposals that have been made
for the LDRs are better than what they have now but are not quite as good as she wished
they were. She urged the City to be stronger with green initiatives and stated it should be
required for any government project. Ms. Boughton stated some of the parking problems
would be taken care of if the City had paid people monitoring daytime parking (i.e. ticket
or tow).
Jim Knight, 123 East Atlantic Avenue, Delray Beach, FL 33444, stated
he appreciates the effort of the Treasure Coast Regional Planning Council has put into
this over the last 11/z years, the City Boards, and the City Commission. Mr. Knight stated
the open space will create some better development, etc. however, the Federspiel Garage
or to the Old School Square Garage are not filled during the daytime because the
businesses are not here in the daytime; these parking garages are only filled on event
weekends and nights. He suggested that the City encourage the daytime population. Mr.
Knight stated with regard to the hotel parking 1 per 2 hotel rooms is much more in line
18
11/18/14
rather than 1 per 4 hotel rooms. In addition, Mr. Knight stated the City is going to get a
lot of open spaces with the new LDRs and it will be very good for the community.
Rick Edick, 615 North Ocean Boulevard, Delray Beach, FL 33483,
applauds the efforts of the City Commission and commended Anthea for the excellent
presentation. Mr. Edick stated he loves the proposed LDRs now and supports the four (4)
story component.
There being no one else from the public who wished to address the
Commission regarding Ordinance No. 29-14, the public hearing was closed.
Vice Mayor Petrolia stated she is glad the change in the hotel; however,
she would like to see it further changed to lesser. Vice Mayor Petrolia inquired about the
storage of the golf carts and asked if it is going to affect the Downtowner group. Ms.
Gianniotes stated it will not affect the functioning of the Downtowner. Vice Mayor
Petrolia asked what the City Commission can expect with any civic space in Delray. Ms.
Gianniotes stated the 20,000 square feet is the correct threshold. Vice Mayor Petrolia
stated the minimum depth from 30 feet to 20 feet. Vice Mayor Petrolia asked if a retail
space fronting the store would only have to have a depth within that space of 20 feet. Ms.
Gianniotes stated to accommodate parking behind these projects the City has to be
careful that there is an arrangement that is doable that achieves the active use liner and
makes enough room for the parking; 20 feet is the minimum. Vice Mayor Petrolia
inquired about the mezzanines that exceed the percentage of the floor area as defined in
the Florida Building Code and asked why Treasure Coast is basing it on the Florida
Building Code versus having a hard number. Vice Mayor Petrolia inquired about the
parapet. Ms. Gianniotes stated there was some criticism that it was raising the perception
of the scale of the building by having it be taller than the building code or something else
would require and that is why that number was removed. With respect to the statement
the "architectural features including church spires, steeples, belfries, and cupolas are not
limited to a story height." Vice Mayor Petrolia asked why this was changed from "such
as" to "including". Ms. Gianniotes stated what is missing is a cross reference to Section
4.3.4 that has architectural standards. Vice Mayor Petrolia stated it appears that the
building is punching out and the civic open space is reducing. Vice Mayor Petrolia made
reference to page 75 "The primary facade shall be generally parallel to the right-of-way,
located in accordance with the minimum and maximum front setback requirements of the
zoning district." Ms. Gianniotes stated that was an edit that came back from City staff to
her. Vice Mayor Petrolia commented about the arcade elements and asked what happens
to the third and fourth floor. Ms. Gianniotes asked if the Commission wants to incent
that or accept that the arcades that they have on the historic buildings are likely the last
arcades they will get; this can be used as a tool to achieve more or not as a tool. Vice
Mayor Petrolia stated she believes that Ms. Gianniotes is actually incenting it by having
the second floor sticking out and does not feel they have to incent it further by having the
third and fourth floor on top of that level creating a canyon going down the street. Ms.
Gianniotes stated the second floor conning out over may be acceptable as a way to
encourage it but then step back with the third and fourth floors. Ms. Gianniotes stated
she is making of list where it is not a policy direction but a clarification issue. Vice
19
11/18/14
Mayor Petrolia stated the size of the "bench" should be more specific (i.e. seating for 4
people). Vice Mayor Petrolia inquired about the performance standards (i.e. workforce
housing units, diverse unit types, and green building practices). Ms. Gianniotes stated
25% are the units are efficiencies and 25% one -bedrooms. Vice Mayor Petrolia stated
the bonus on workforce housing is 20% of the addition. Ms. Gianniotes stated out of a 50
unit project it is 4% workforce housing. Vice Mayor Petrolia commented about whether
or not workforce housing is a benefit to the city and does this mean it is slightly below
market rate and stated she does not know how beneficial this is in giving this as a bonus
and it appears that it is a great benefit for the developer to add in extra units. Ms.
Gianniotes stated this workforce provision applies in other areas of the city and it is not
solely limited to the CBD. Vice Mayor Petrolia stated she would prefer to see a much
lower percentage of these smaller efficiencies because she feels the City could get into a
situation where it is over built. Vice Mayor Petrolia stated there are a lot of projects that
are going to be built and we do not know how that will affect us and we are basing now
out future on numbers that may further cause those people who do frequent the
restaurants and the places that we hope change; she stated we need to consider who we
are attracting in here if the city is going to continue with the higher numbers because she
believes we will see more of those being built more than the typical 3 and 4 bedrooms.
Vice Mayor Petrolia stated she does not believe we are doing that by offering this type of
diversity. Vice Mayor Petrolia commented about the LEEDS program and green
building practices and stated the percentage for the bond seems very low. Vice Mayor
Petrolia asked if the City is still getting .7 or is the city getting the extra spaces for the
800 square feet, etc. Ms. Gianniotes stated the City would still get the extra parking
required for ballrooms, meeting rooms; restaurants follow restaurant parking (if in the
Atlantic Avenue parking district they have the higher standard and if they are in
Pineapple Grove Way they have the lower standards. Ms. Gianniotes stated they are not
folded in with ballrooms because they will attract outside visitors as well. Vice Mayor
Petrolia stated the City is asking for twelve (12) parking spaces which is per 1,500 square
foot on Atlantic Avenue and stated there are hundreds of people in these restaurants at
any given time and the City is requiring a fraction of the parking spaces that are required.
She stated as more of these buildings start going up in spaces that were once designated
as places to park cars and the valets do not have the lots to go to, she feels there will be
an even tighter constraint on parking. Vice Mayor Petrolia stated the responsibility
should be for those that are reaping the benefits and awards such as the hotels,
businesses, office space and the city should be creating a contingency fund for the next
garage that is going to be required because there are so many cars coming into the town.
She does not feel this should be resolved on the backs of the citizens. Vice Mayor
Petrolia stated the parking study that the City had done shows that the garages are
underutilized during the daytime. Mayor Glickstein stated aside from what Ms.
Gianniotes described in the Atlantic corridor, the only change to parking reduction is for
office space under 10,000 feet. Ms. Gianniotes stated retail moved from 1 to 300 to from
1 to 500.
Marcela Camblor-Cutsaimanis, Treasure Coast Regional Planning
Council, stated the parking reductions have been done in a couple of areas where the city
needs incentives. She stated it is a means and increasing the parking availability usually
20
11/18/14
leads to more congestion; Ms. Camblor-Cutsaimanis stated when the LDRs are adopted
the Commission needs to look at balance mobility. Vice Mayor Petrolia stated we do not
have to keep following it up and giving a higher density and higher height to follow the
land but instead the City could cap it and that land will follow suit. Vice Mayor Petrolia
the George Building is on the market and stated they have owned that land since the late
1800's and today they are looking at selling and she feels that the City needs to represent
the people who vote for them not to represent the developers.
Mr. Frankel stated Ms. Colonna stated there was CRA consensus on the
limitation of 4 -stories in the CBD. Ms. Colonna stated the version of the Code that was
presented to the CRA in September was the same version that was presented to the City
Commission at the Workshop meeting in October changed the measure of height from
feet to stories with an ability to go to five -stories with a bonus going through the
performance standards. Ms. Colonnna stated the CRA had discussions about what will
meet the needs the development and that will meet the upcoming changes in development
trends based on population. Mr. Frankel inquired about the changing of the town. Ms.
Colonna stated the general trend is nationally with millennials and also with the efforts of
Economic Development to attract entrepreneurs and people who want to live in places
where people ae running into like-minded people. She stated eliminating the fifth floor
will make it even harder. Mr. Frankel stated he would like the Board member opinions
and thoughts are prior to the next meeting. Mr. Frankel asked Mr. Little asked if he feels
the Master Plan was a success which was adopted 12 years ago. Mr. Little stated what
was adopted 12 years ago gave some clarity to the process and it has been a guiding
document ever since. Mr. Little stated when the Downtown Master Plan was done one of
the issues was to encourage people back into town and the city has become much more
sophisticated in the last twelve (12) years so the regulations need to reflect that. Mr.
Frankel stated when he met with Ms. Gianniotes did interviews with a variety of people
and based on the conversation she spoke to three (3) millennials. Mr. Frankel asked what
Ms. Gianniotes has done to reach out to the new people that are moving to the downtown.
Ms. Gianniotes stated the original list of people to interview originated with the City and
the CRA and noted that Pineapple Grove Mainstreet's representation and WARC (West
Atlantic Redevelopment Coalition) has some younger people and Treasure Coast did far
more interviews than they were supposed to in an effort to reach as many people as
possible. Mr. Frankel stated Ms. Gianniotes did a good job reaching the beach and some
of these committees; however, he does not know if anyone has reached out to San
Sabastian, Vice Mayor Jarjura's community, or Mr. Jacquet's community or his
community. For the record, Mr. Frankel stated he lives on Federal Highway and goes on
Federal Highway several times a day he does not see some of his neighbors do. Mr.
Frankel commented about the comparisons of the Avenue/Delray Beach to Palm Beach.
Ms. Gianniotes stated Treasure Coast was trying to collect a palette of different size open
spaces and to try and do it quickly; she knows where those spaces are and how big these
spaces are. Mr. Frankel made reference to an editorial in the Atlantic Avenue magazine
written by former Mayor Jeff Perlman. Ms. Gianniotes stated part of the reason why they
moved something away from conditional use into a bonus program that may have some
type of potential impact to the neighbors that would be negative; she stated in that case
the standards for reviewing whether it is okay or not is minimal. She stated it is unusual
21
11/18/14
to have density increases and height handled that way because multi -family is already
allowed downtown. Ms. Gianniotes stated it shifts the legal burden in terms of the
Commission's decision that when the City Commission is awarding someone more
density and height it is no longer about that they are not bothering anybody so we have to
give it to them but it is more how you were using it which is a tool to achieve to
workforce housing and market rate residential, etc. Ms. Gianniotes stated that is part of
why they wanted to recast it as a bonus program.
Mr. Little stated from the beginning while conditional use is a process to
achieve additional height and density may have worked in achieving certain levels of
creativity in development, it was also looked at as a Trojan horse because it is not an
orthodox process. He stated what they did is they defined a clearly defined a clearly
defined and transparent bonus program. Mr. Little stated the other thing the conditional
use was doing is it was splitting the boards; someone had to go to Planning and Zoning to
get your conditional use approval for additional height and density and then go to SPRAB
to make it fit. He stated that is where all these waivers and variances were coming from.
Mr. Little stated the spirit of rewarding innovative and great development that provided
things that were consistent with the policy decision of this board is great and that is why
they kept the bonus program. Mr. Frankel asked Mr. Little to provide a copy of the
presentation to the City Clerk before the next hearing.
Deputy Vice Mayor Jarjura thanked Treasure Coast and Mr. Little for the
phenomenal job they have done in reaching out to the community, the leaders and
business community, the citizens and trying to capture all the different needs and wants.
Deputy Vice Mayor Jarjura made reference to page 71 and stated she would like to see
this 10 feet rather than 9 feet because this goes back to sustainable design and flexibility.
She stated by having a minimum of ten (10) feet it brings a higher level of development.
Vice Mayor Jarjura made reference to page 73 and stated the Table 4.4.13 — Measuring
Building Height needs clarification. She stated the city has no problem with attracting
residential developers. However, Deputy Vice Mayor Jarjura stated she would like to see
some sort of incentive given to stimulate and promote office space because that is what is
lacking. Deputy Vice Mayor Jarjura stated to be a place where you live, work and play
she feels we are missing the work component other than the food and beverage
destination. She stated with respect to page 79 (4.4.13 -12) we are still showing five (S)
stories and this needs to be adjusted; page 80 — she suggested with respect to the curb
zone she would like language added that flushed everything to the edge; for the
pedestrian clear zone paragraph the original goal of this was to take out the subjectivity.
Deputy Vice Mayor Jarjura stated this should be an objective standard not discretionary;
page 96 — Civic Open Space, she feels it would be helpful to provide examples of such;
page 97, subparagraph (h) Public Art — she suggested that the language be added so that it
states "a space incorporating a fountain, living wall, or work of art...." Vice Mayor
Petrolia stated with respect to page 99 — Minimum Civic Open Spaces, the minimum was
that if it was 3,000 square feet or more it could be provide into two (2) spaces, but if it
were less than 3,000 square feet it could not be provided; she expressed concern about a
developer defeating the entire purpose by dividing it up over multiple small areas; with
regard to how the definition of Civic Open Space that it is private property but that it is
22
11/18/14
open to the general public and noted that the City Attorney was comfortable that it was
private property and the City would not be responsible for the maintenance or liable if
someone were to hit a construction cone and blame the city for that. Also, Deputy Vice
Mayor Jarjura states with respect to Civic Open Spaces and whether they should be
passive or active uses; some may be appropriate to have outdoor dining or little tables set
up for people to eat (i.e. at the Seafood Festival some people had to eat and stand) but if
there is a little enclave off Atlantic Avenue that has a few tables but it is limited to if you
are dining at that establishment so she would like to add a provision that states "if some
of this area is used for outdoor cafes and pennitted that it be limited to certain civic
spaces and limited to a certain percentage of that civic space and go through the outdoor
dining process. Deputy Vice Mayor Jar ura stated it would only be appropriate in certain
types of civic open spaces (i.e. the Square it would be appropriate but not the Forecourt);
page 101, Performance standards for density bonus, if the city is going to do a density
bonus Deputy Vice Mayor Jarjura stated she agrees with Vice Mayor Petrolia about the
workforce housing units that it is 20% of the bonus density and expressed concern why it
was just related to the bonus density not the total site overall. Deputy Vice Mayor Jarjura
stated with respect to making sure that the rental price is for workforce housing and feels
this is set by the lower/moderate income levels; she stated 55% for an efficiency or one
(1) bedroom it states two (2) and three (3) bedrooms are encouraged yet they are in the
minority; she stated if they are encouraged then that should be the majority and suggested
that the language should state "total efficiencies or one bedrooms not to exceed 30%..."
Deputy Vice Mayor Jarjura commented about the Green Building Practices and some of
the concern was how we enforce this and suggested that we figure out a way to tighten it
up better for Delray and agrees with Vice Mayor Petrolia that it is a very low bond
amount. Deputy Vice Mayor Jarjura stated in the original bonus program with the height
and the density there was certain provisions that were in there (i.e. workforce housing
green building) but she noted that one of the ones she was pushing for in addition to the
additional open space was public parking spaces on the ground floor. Deputy Vice
Mayor Jarjura stated she would much rather not use additional property for public
garages and money that taxpayers do not have and to maintain a parking garage she
would much rather have a developer pay for it; if there is a bonus she suggested that it be
10% or 20% of the public parking spaces be on the ground floor; page 104, subparagraph
(d) "Properties located outside of the Atlantic Avenue Parking District less than 65 feet in
width are not required to provide off-street parking." Deputy Vice Mayor Jarjura stated
we want to protect and encourage people from not tearing down these properties but
keeping them there and making it easier for them to do that and she agrees this statement
should be in there. Deputy Vice Mayor Jarjura stated business and professional offices
are two (2) uses that the City needs to try and encourage to get people into the downtown
and encourage businesses other than a food and beverage destination. She stated she is
fine with the retail and commercial uses and with respect to restaurants and lounges; they
are expanding it with the expansion of Atlantic Avenue and noted it is actually more
restrictive except for the hotels which has been adjusted; she noted that the City received
letters from Human Powered Delray (HPD) and stated some of the comments made are
not appropriate for the planning process but are for Code Enforcement or a
bicycle/pedestrian plan or having bike sharing and should be treated separately from
zoning regulations. Page 109, Traffic Plan — this is a provision that would require a traffic
23
11/18/14
plan if it met just one of the following criteria "site is two (2) acres or more in size."
Deputy Vice Mayor Jarjura stated out of the recent developments that have gotten
approved that were large and controversial and are not yet built all of them would have
had to apply for a traffic plan. Ms. Gianniotes stated this is a new provision that requires
this in the Code. Deputy Vice Mayor Jarjura read some of an email into the record she
received from former Mayor Perlman. Deputy Vice Mayor Jarjura stated she supports
the recommendations of the Treasure Coast Regional Planning Council and supports
Mayor Glickstein and Vice Mayor Petrolia's request for restraint in not having that bonus
height; Deputy Vice Mayor Jarjura stated she would have liked to have seen it better
utilized towards a use that we want to encourage in the downtown and rather than
encourage more residential to encourage more office; however, she respects decisions
made by past leadership.
Mr. Jacquet thanked Ms. Gianniotes for the work that Treasure Coast has
done and agrees that the City needs to clean up the LDRs. He stated it is not that the city
was in disarray but as noted by Mr. Little, every ten (10) years or so you want to revisit
things to see what direction the city is moving and to see if that is in fact the direction we
want to continue moving. Mr. Jacquet requested to change the name of West Atlantic
Avenue. Deputy Vice Mayor Jarjura stated that WARC has a branding company. Mr.
Jacquet commented about what happened to the 5t11 floor and there has been discussion
about the importance of making sure that every level was high enough that the uses could
change so that the city could remain flexible. Mr. Jacquet stated he agrees with
comments stated by Deputy Vice Mayor Jarjura that the ground story of residential
buildings shall be a minimum of ten (10) feet tall as opposed to the nine (9) feet and that
having a minimum of ten (10) feet brings a higher level of development. He commented
about the method of measuring. Ms. Gianniotes stated in the rest of the city flat roofs
work the same way which is the overall building height is measured to the bed of the flat
roof, in the rest of the city pitched roofs and building height are measured to the middle
part of the pitched roof but the CBD has always measured to the soffit (the inner side of
eve or top of the beam); the risk of changing the way the architecture is regulated is that
you will only get flat roofs. Mr. Jacquet asked if there is a balance where they could
avoid the flat roofs but also discourage people from going too far beyond. Ms.
Gianniotes stated with this place the next thing that the Commission will see are
architecture design guide lines that discuss appropriate roof conditions for whatever
architectural language the City decides to use. Mr. Jacquet stated the City has started to
tweak the requirements for SPRAB and the qualifications for the City board members
and if SPRAB is that crucial when it comes to developments, then the City needs to focus
and make sure that every individual on that board has the qualifications necessary to
make these decisions. Mr. Jacquet inquired about the clear zone from five (5) feet to six
(6) feet which is only referenced with sidewalk cafes. Ms. Gianniotes stated currently in
the Code the pedestrian clear zone is only referenced with sidewalk cafes and the
instructions that were in the Code that existed in the intent there were issues raised by the
bike/ped advocates that the sidewalks in the CBD have a good width to them but what is
left to walk on is too tight for the central city so there is a strategy to organize both a clear
path of six (6) feet but also make sure that light poles, signs, and parking meters (Area
"A"); Area "B" is a clear zone to walk and if there are sidewalk cafes in that area it
24
11/18/14
would be in Area "C". Mr. Jacquet stated the 5% Civic Open Space is crucial and it is
very important looking forward. Ms. Gianniotes stated beyond that it is 7% of however
large the site is beyond 40,000 square feet. Mr. Jacquet stated with respect to the
"millennials" he does not feel this is a fad but this is a group of people who were born
and existing they are not going away. Mr. Jacquet stated the Commission represents the
entire city and some people cannot be present this evening. He stated the millennials is a
growing group and this has to be considered but he cannot say if the 55% is too high or
too low. Mr. Jacquet stated if the City's promotion is toward two (2) and three (3)
bedroom apartments then we want to increase those but he also understands the reality of
things that most people want to rent. Mr. Jacquet stated he likes the 250 ft. crosswalk
connection and commented about protecting the alleys. Mr. Jacquet stated he is glad to
hear that the experts agree that underground parking is a good concept. He thanked Mr.
Gianniotes for clarifying the waivers/fmdings because he feels it was so subjective. Mr.
Jacquet stated the 20% workforce housing is a great point and he would like to
understand more as to why is it just 20% of the bonus and not 20% of the whole. Mr.
Jacquet commented about the setback on the third or fourth story. Ms. Gianniotes stated
most city streets have existing two -stories and then there is a recess line for a percentage
of the frontage so they are proposing is to back everyone up an extra five (5) feet. Ms.
Gianniotes stated a three-story without a recess. Mr. Jacquet thanked Ms. Gianniotes and
the staff at Treasure Coast for all their great work and stated the Commission sincerely
appreciates it.
Mayor Glickstein stated he concurs with Deputy Vice Mayor Jarjura with
regard to the pedestrian clear zone and feels this should be objective not discretionary.
On page 82, Streetscape Standards, Mayor Glickstein stated with respect to the
commercial uses relative to the cafd ordinance and stated relative to the existing code the
City has a prohibition against double loading a sidewalk that you have a choice as a
restaurant; you can either position tables against your building or if that option is not
available to you and there is adequate space you can move it curbside but you cannot do
both. He stated this has not been enforced in this city and this is an unsafe condition in
particular as you approach Atlantic Avenue eastbound into the downtown there has been
one accident there and 2nd Avenue is another accident waiting to happen. Mayor
Glickstein stated it is the positioning of the tables and emphasized that if someone is
going to move those against the building or curbside, the seating has to be parallel to the
building not perpendicular. Ms. Gianniotes stated the cleanup ordinance (Ord. 30-14) on
page 12, changes to the sidewalk cafe, and concurs with the Mayor's comments and some
of what people are complaining about the rule is already in place. In the existing rule,
Mayor Glickstein explained that in the existing rule the City does not have the table and
chair placement. On page 84, under Canopy trees, Section 4, Mayor Glickstein stated it
should be an existing easement; with respect to the dimensional requirements for an
Arcade there is clear height of ten (10) feet but they do not want a flush arcade; there has
to be something to provide relief that you have a header when you enter and exit and
some kind of upward relief so you do not end up with a flat stucco ceiling; with respect to
the Civic Open Space on the green in the plaza he asked why they have gone from 2,000
square feet to 1,500 square feet. Ms. Gianniotes stated it was not necessary to have 2,000
square feet as a minimum. With respect to the illustrations in terms of the public art,
25
11/18/14
Mayor Glickstein stated he is a big believer in sketches/illustrations and the more
guidance that SPRAB has versus narrative description the better outcome. With respect
to Civic Open Space and if there is going to be some meaningful split you cannot divide
3,000 into 30 increments of something. Mayor Glickstein stated the workforce housing is
both a definitional deficiency as well as an implementation deficiency; the percentage is
low for it to be meaningful if the City is going to use a bonus. He stated the requirement
of public parking is a good suggestion; with respect to the way the green low bond
amount is the cost of doing business and will gladly pay 1%, 2%, or 3%. With respect to
the change of the hotel parking, Mayor Glickstein stated he agrees that the parking matrix
works and he supports the incentive for the retail and commercial spaces and supports the
incentive for the smaller office spaces; he stated the residential parking has worked and
he has dealt with that in many places and in many different configurations and asset
classes and the matrix that the City has is proactive and reasonable; the pass-through
transparency has to be 35% or greater; the sub -grade parking on one level below grade is
very attractive for all the reasons Ms. Gianniotes mentioned providing that is being done
at a 20 foot elevation rather than 1,000 feet off the Intracoastal where the elevation is
eight (8) feet; Mayor Glickstein stated there needs to be some sensibility to that and he
would encourage it, but it needs to be in the right place; he stated there needs to be some
elevation to not only allow that but feels we would be environmental remiss to encourage
that anywhere near water body; he asked where the 3% alternative fuel parking apply
and asked if that is across all development types. Ms. Gianniotes stated there is a lot of
data from EPA and US Green Buildings that talk about if the plugs were incorporated the
number of Americans that would likely make a shift to an optional fuel is high and
Delray wants golf cart plugs which is simpler to incorporate but they also needed to be a
part of that (3% across the board so by the time you get to 20 spaces one of them would
have to have a charging station). With respect to the unit mix, Mayor Glickstein stated
the smaller units are not consistent with the overall plan of promoting adaptive reuse; the
smaller you go the more limited you are in how that space gets reused. He stated if you
have a two (2) bedroom unit then you have created live/work space immediately. Mayor
Glickstein stated Commissioner Jacquet made the comment 55% and does not know if
that is the right number and does not know even with the benefit of the speakers we have
had and the demographic information he sees from the MPO's perspective which is
transportation based to the industry that he is in, whether this trend is structural. Mayor
Glickstein suggested that the City promote adaptive reuse and multi -use of as much space
as possible; he stated micro -apartments or anything trending in that direction is in his
opinion the akin to an eight (8) foot ceiling. Ms. Gianniotes stated people who are going
to live in multi -family buildings in terms of a three-bedroom multi -family versus a house
she believes it is very difficult to say that if they promote these larger units that someone
like herself with a couple of children that is maybe not her choice now. Mayor Glickstein
stated he does not feel we need three-bedroom apartments in downtown Delray Beach
and he is not sure the percentage is the right percentage.
Deputy Vice Mayor Jarjura moved to extend the meeting past 11:00 p.m.,
seconded by Mr. Frankel. 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.
26
11/18/14
Marcela Camblor-Cutsaimanis, Treasure Coast Regional Planning
Council, stated the millennials is a trend and the studies give the information to the City
and they choose how to respond to that trend. Ms. Camblor-Cutsaimanis stated the
reason that Treasure Coast Regional Planning Council is focusing on the millennial trend
and the baby boomer trend is because they are disproportionately bigger than all the other
generations and they happen to be the majority of the workforce. She stated those
communities that are looking for economic redevelopment and that are looking for a
workforce are catering to them. Ms. Camblor-Cutsaimanis stated the millennials and the
baby boomers are two generations that make place making more important and that is
what they make their economic future around.
Mayor Glickstein stated this was not a new visioning plan; this Master
Plan that our predecessors had to work with was an ingenious document and they actually
did something with it. He stated not only did the City have a Plan with a lot of buy -in
from the community but the elected leadership had the foresight to implement it. Mayor
Glickstein stated that Plan now is nearly thirteen (13) years old and many of the reasons
for that Plan lack context and had the current LDRs that the City was working with had
not been so badly broken because they lack context; performance standards that
essentially the market was incorporating anyway and the public was getting nothing with
the conditional uses that were granted. Mayor Glickstein stated Treasure Coast has done
a great job and knows that Ms. Gianniotes has a special place in her heart for city because
she was here for the first round and was the perfect people to use for this process because
of that experience. Mayor Glickstein stated the next step for this city is an updated
Master Plan which plays into the notion of bonuses today. He stated because of the lack
of planning and the broken process which should have happened during in a recession
where nothing is happening, the City is trying to do this while taking in applications and
that is difficult. Mayor Glickstein stated the City is trying to craft something for real time
current context that addresses the concerns, the developers concern for clarity, staff's
need for clarity, the public's need for clarity. Mayor Glickstein stated he is struggling
with the lack of policy for any of the bonus programs.
Mayor Glickstein stated if we do not somehow incent office uses and get
them built in the downtown, every one of those people is not going to be on a bicycle
peddling to wherever they are going to work; they are going to be driving coming back
into the city. He stated the City needs to capture that and the only way to capture it is
with employment but he is not willing to sacrifice intensity on any level because we have
not yet figured out how to do that. Mayor Glickstein stated he does not support a fifth
floor the way it was proposed because there was no policy for it and he does not feel
comfortable with any bonus program that just says "more is better."
Ms. Gianniotes commented that it could be time to shift the incentive
towards office away from residential and how would you do that if it is not through
another floor; there are other issues that have raised over and over again such as
bicycle/pedestrian needs but the City does not know what it needs until they finish that
Master Plan effort. She stated another concern raised is if the City is trying to preserve
27
11/18/14
Atlantic Avenue then may the City should consider having a TDR effort and maybe that
is what you use the fifth floor for. Ms. Gianniotes stated Treasure Coast has identified
these concepts but without a policy document behind them to guide this effort it is very
difficult to implement them now.
Mayor Glickstein stated he will not support the bonus program until we
can figure out how to incent the uses that we want which is office and jobs; he stated his
allegiance is to the people that made this town but he does not want to be ignorant to the
fact of a particular demographic group may be out there, they want to be here, and they
can be part of a very productive workforce but if the City does not have a place to put
them to work it does not do the City that amount of good to just plow more apartments
back into limited redevelopment opportunities. Mayor Glickstein asked Ms. Gianniotes
if there is a way that Treasure Coast can incent that office piece, de -incentivize the
residential piece and move forward with whatever the Commission collectively agrees on
and that bonus program is held in abeyance until the City has the policies (i.e. TDR's to
preserve the historic districts or a limited duration height bonus for office space). Mayor
Glickstein stated the forces of change that are bearing down on this town are significant
because we have physical assets that cannot be reproduced in other places. He stated the
best thing about prior leadership in this town going back to the turn of the century is that
they have an authentic walkable main street that intersects with a public beach that does
not exist in many places and he feels that as long as we protect those physical assets in a
way that those past generations have. Mayor Glickstein stated he is still struggling with
the lack of policy for any of these bonus programs.
Brief discussion between Vice Mayor Petrolia, Mayor Glickstein, Ms.
Gianniotes, and Mr. Little followed.
Mayor Glickstein stated in the policy vacuum has come projects that were
not nearly as good as they could have been and more importantly because the City did not
have the right incentives in place we missed opportunities to capture something that
would have gone to the second part of the central core sub -district which is a balanced
mix of uses. He stated capital is chasing rental apartments and that capital trend should
not dictate how the downtown is redeveloped. Mayor Glickstein suggested that Ms.
Gianniotes go through all the comments the Commission has made so that they can see
where they have consensus; however, Mr. Jacquet stated it is better served if Ms.
Gianniotes has time to review the comments that were made and bring it back to the
Commission for their consensus for the things on Ms. Gianniotes' list that she needed
consensus on in terms of her baseline code and get everyone's input relating to the
bonuses.
It was the consensus of the City Commission to direct the Treasure Coast
Regional Planning Council to come back at second reading and their presentation at that
time will be to just go through the City Commission's comments one at a time and give
their recommendation on how best to adjust the document and whether or not they
separate the minor revisions from the larger issue with the bonus program and give the
City language on how to maintain it.
28
11/18/14
Ms. Gianniotes stated Treasure Coast will accept all the changes to the
draft that is before the City Commission and new redline version in addition to the formal
version.
Mr. Frankel moved approve Ordinance No. 29-14 on First Reading/First
Public Hearing with the direction for Treasure Coast Regional Planning Council
(TCRPC) to make those Commissioner amendments for discussion at the City
Commission meeting of December 9, 2014 (Second Reading/Second Public Hearing),
seconded by Mr. Jacquet. 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.D. ORDINANCE NO. 30-14 (FIRST READMG/FIRST PUBLIC
HEARING): Consider a city -initiated amendment to the Land Development Regulations
of the City of Delray Beach; amending Article 4.4 "Table of Contents"; amending
Section 2.2.3(D), "Site Plan Review And Appearance Board"; amending Section
2.4.5(F), "Site And Development and Master Development Plans (MDP)'; amending
Section 2.4.6(F), "Temporary Parking Lots"; amending Section 4.1.1(A), "Base Zoning
Districts"; amending Section 4.3.3(1), "Community Residential Homes And Group
Homes'; amending Section 4.3.3(5), "Antennas Not Located on Telecommunications
Towers"; amending Section 4.3.4(J), "Height"; amending Section 4.3.4(K),
"Development Standards Matrix"; repealing Section 4.4.28, "Central Business District —
Railroad Corridor (CBD -RC)"; amending Section 4.6.4(A), "Commercial Zoning
Adjacent to Residential Zoning or Zoning Districts With a Thirty -Five (35) Foot Height
Limitation"; amending Section 4.69(C)(1), "Bicycle Parking"; amending Section
4.6.9(E)(3), "Location of Parking Spaces, In -Lieu Fee"; amending Section 4.6.9(E)(4),
"Public Parking Fee"; amending Section 4.6.16(H)(4), "Foundation Landscaping
Requirements"; amending Section 4.6.16(H)(5), "Special Landscape Regulations for
Properties Within The Central Business District (CBD)"; amending Section 4.6.18(B),
"Buildings Within The Downtown Area"; amending Section 6.3.3(F), "Regulations
Governing The Use, Design, and Maintenance of A Sidewalk Cafe"; and amending
Appendix A, "Definitions". If passed, a second public hearing will be held on December
2, 2014.
The caption of Ordinance No. 30-14 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH;
AMENDING ARTICLE 4.4 "TABLE OF CONTENTS";
AMENDING SECTION 2.2.3(D) "SITE PLAN REVIEW
AND APPEARANCE BOARD"; AMENDING SECTION
2.4.5(F) "SITE AND DEVELOPMENT AND MASTER
DEVELOPMENT PLANS (MDP)''; AMENDING
SECTION 2.4.6(F) "TEMPORARY PARKING LOTS",-
AMENDING
OTS";AMENDING SECTION 4.1.1(A) "BASE ZONING
29
11/18/14
DISTRICTS"; AMENDING SECTION 4.3.3(1)
"COMMUNITY RESIDENTIAL HOMES AND GROUP
HOMES"; AMENDING SECTION 43.3(S) "ANTENNAS
NOT LOCATED ON TELECOMMUNICATIONS
TOWERS"; AMENDING SECTION 4.3.4(J) "HEIGHT";
AMENDING SECTION 4.3.4(K) "DEVELOPMENT
STANDARDS MATRIX"; REPEALING SECTION 4.4.28
"CENTRAL BUSINESS DISTRICT — RAILROAD
CORRIDOR (CBD -RC)"; AMENDING SECTION
4.6.4(A) "COMMERCIAL ZONING ADJACENT TO
RESIDENTIAL ZONING OR ZONING DISTRICTS
WITH A THIRTY-FIVE (35) FOOT HEIGHT
LIMITATION"; AMENDING SECTION 4.6.9(C)(1)
"BICYCLE PARKING"; AMENDING SECTION
4.6.9(E)(3) "LOCATION OF PARKING SPACES, IN -
LIEU FEE"; AMENDING SECTION 4.6.9(E)(4)
"PUBLIC PARKING FEE"; AMENDING SECTION
4.6.16(H)(4) "FOUNDATION LANDSCAPING
REQUIREMENTS"; AMENDING SECTION 4.6.18(B)
"BUILDINGS WITHIN THE DOWNTOWN AREA";
AMENDING SECTION 6.3.3(F) "REGULATIONS
GOVERNING THE USE, DESIGN, AND
MAINTENANCE OF A SIDEWALK CAFE";
AMENDING APPENDIX A "DEFINITIONS";
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 30-14 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Mayor Glickstein declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 30-14,
the public hearing was closed.
Mr. Frankel moved approve Ordinance No. 30-14 on First Reading/First
Public Hearing with the direction for Treasure Coast Regional Planning Council
(TCRPC) to make those Commissioner amendments for discussion at the City
Commission meeting of December 9, 2014 (Second Reading/Second Public Hearing),
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.
30
11/18/14
10.E. ORDINANCE NO. 31-14 FIRST READING/FIRST PUBLIC
HEARING): City -initiated rezoning of properties zoned CBD -RC (Central Business
District- Railroad Corridor) to CBD (Central Business District) for two areas, with the
north area generally located between NE 0' Street and NE 2nd Street and extending from
the north -south alleyway west of NE 3`d Avenue to the east of the FEC Railway; and, the
south area generally located between SE 2"d Street and SE 7t' Street, east of and west of
the FEC Railway. If passed, a second public hearing will be held on December 2, 2014.
The caption of Ordinance No. 31-14 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
REZONING AND PLACING LAND PRESENTLY
ZONED CBD -RC (CENTRAL BUSINESS DISTRICT —
RAILROAD CORRIDOR) INTO CSD (CENTRAL
BUSINESS DISTRICT), SAID LAND INCLUDING TWO
GROUPS OF LOTS ALONG THE FLORIDA EAST
COAST RAILWAY, ONE GROUP LOCATED
BETWEEN N.E. 2ND AND N.E. 4TH STREETS AND
THE OTHER GROUP LOCATED BETWEEN S.E. 2ND
AND S.E. 7TH STREETS, AS MORE PARTICULARLY
DESCRIBED HEREIN; AMENDING "ZONING MAP OF
DELRAY BEACH, FLORIDA, JANUARY 2012"
ACCORDINGLY; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 31-14 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Mayor Glickstein declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 31-14,
the public hearing was closed.
Anthea Gianniotes, Urban Design Director with Treasure Coast Regional
Planning Council, requested that the ordinances be brought back on December 9, 2014.
The City Attorney stated that staff will have to insure the advertisements reflect the date
change.
Mr. Frankel moved to approve Ordinance No. 31-14 on First Reading/First
Public Hearing with the direction for Treasure Coast Regional Planning Council
(TCRPC) to make those Commissioner amendments for discussion at the City
Commission meeting of December 9, 2014 (Second Reading/Second Public Hearing),
31
11/18/14
seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows:
Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Mr. Jacquet — Yes; Deputy Vice
Mayor Jarjura — Yes. Said motion passed with a 5 to 0 vote.
11. FIRST READINGS:
A. None
There being no further business, Mayor Glickstein declared the meeting
adjourned at 11:35 p.m.
12. COMMENTS AND INQUIRIES ON NON -AGENDA ITEMS.
12.A. City Manager
None.
12.13. City Attorney
The City Attorney stated he will be requesting an Executive Session
regarding the status report of the PBA negotiations with the City Commission and he will
work around everyone's schedules.
12.C. City Commission
12.C.1. Mr. Frankel
Mr. Frankel stated he will be out-of-town for Thanksgiving.
12.C.2. Deputy Vice Mayor Jariura
None.
12.C.3. Vice Mayor Petrolia
Vice Mayor Petrolia commented about Auburn Trace.
At this point, the City Attorney stated he has given each Commissioner
briefings with respect to the pending litigation for Auburn Trace and he strongly
reiterated to the Commission that they not discuss this matter in public.
12.C.4. Mr. Jacquet
None.
32
11/18/14
12.C.5. Mayor Glickstein
ATTEST:
None.
AYOR
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 November 18, 2014, which Minutes were formally approved and adopted by the City
Commission on May 20, 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.
33
11/18/14