01-03-06 Minutes Reg
Commissioner Jeff Perlman
JANUARY 3, 2006
A Regular Meeting of the City Commission of the City of Delray Beach,
Florida, was called to order by Mayor Jeff Perlman in the Commission Chambers at City
Hall at 6:00 p.m., Tuesday, January 3, 2006.
1.
Roll call showed:
Present - Commissioner Patricia Archer
Commissioner Rita Ellis
Commissioner Jon Levinson
Commissioner Alberta McCarthy
Mayor Jeff Perlman
Absent - None
Also present were - David T. Harden, City Manager
Susan A. Ruby, City Attorney
Chevelle D. Nubin, City Clerk
At this point, Mayor Perlman stated he would like to observe a moment of
silence for Elysse Vega, a 16-year old Atlantic High School student who was struck by a
car and killed Christmas night on Atlantic Avenue. In addition, as part of this moment of
silence, he would also like to include all the friends that we have lost in 2005.
2.
The opening prayer was delivered by Commission Levinson.
3.
The Pledge of Allegiance to the flag of the United States of America was
given.
4.AGENDA APPROVAL.
Item 8.S.6., Award of Bids and Contracts
Mayor Perlman requested that
Item 9.A.1.
be moved to Regular Agenda as
Item 7.B.,Presentation for Government Finance Officers
He stated
Association – Certificate of Achievement for Excellence in Financial Reporting
will
be delayed.
Mayor Perlman stated he would like to move to reconsider some of the
appointments on the Police Advisory Board (Item 9.I. from the Regular City Commission
meeting of December 13, 2005). The City Attorney stated Mayor Perlman would have to
approve to amend the Agenda to add an item regarding the recision of certain board
appointments. Mayor Perlman suggested that this be placed on the Regular Agenda as
Item 9.A.2.
01/03/06
Mr. Levinson moved to approve to amend the Agenda as amended,
seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs. Ellis –
Yes; Mrs. Archer – Yes; Mr. Levinson – Yes; Ms. McCarthy – Yes; Mayor Perlman –
Yes. Said motion passed with a 5 to 0 vote.
5. APPROVAL OF MINUTES:
Mr. Levinson moved to approve the Minutes of the Regular Meeting of
December 6, 2005, seconded by Mrs. Archer. Upon roll call the Commission voted as
follows: Mrs. Archer – Yes; Mr. Levinson – Yes; Ms. McCarthy – Yes; Mayor Perlman
– Yes; Mrs. Ellis – Yes. Said motion passed with a 5 to 0 vote.
6. PROCLAMATIONS:
6.A.Martin Luther King, Jr. Day – January 16, 2006
Mayor Perlman read and presented a proclamation hereby proclaiming
January 16, 2006 as Martin Luther King, Jr. Day in the City of Delray Beach. Lillian
Strainge and Irwin Rockoff came forward to accept the proclamation and gave a few brief
comments.
6.B.Calling for the First Nonpartisan Election to be held on March 14,
2006
Mayor Perlman read and presented a proclamation hereby calling for the
Tuesday, March 14, 2006, between the hours
First Nonpartisan Election to be held on
of 7:00 a.m. and 7:00 p.m.,
at all the precincts and polling places in the City of Delray
Beach as designated by the Supervisor of Elections. Chevelle D. Nubin, City Clerk,
accepted the proclamation.
7.PRESENTATIONS:
7.A.Presentation of Officer Johnny Pun’s Framed 2003 Proclamation to
his family and the Delray Youth Vocational Charter School
Mayor Perlman read and presented framed proclamations to Mrs. Pun and
Fred Glass. They both came forward to accept their proclamations and gave a few brief
comments.
7.B.Government Finance Officers Association - Certificate of
Achievement for Excellence in Financial Reporting
This item has been delayed to the Regular City Commission of January
17, 2006.
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8.CONSENT AGENDA: City Manager Recommends Approval.
8.A.FINAL SUBDIVISION PLAT APPROVAL/GRAMERCY SQUARE:
Approve the subdivision plat for Gramercy Square, a 109 lot, fee-simple, townhouse
development, located on the west side of Military Trail, approximately 660 feet south of
West Atlantic Avenue.
8.B.RESOLUTION NO. 2-06:
Approve Resolution No. 2-06 urging
members of the Florida Legislature to support municipal issues during the 2006
Legislative Session.
The caption of Resolution No. 2-06 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, URGING
MEMBERS OF THE FLORIDA LEGISLATURE TO
SUPPORT THE FOLLOWING ISSUES DURING THE
2006 LEGISLATIVE SESSION.
(The official records of Resolution No. 2-06 is on file at the City Clerk’s
Office.)
8.C.REQUEST FOR SIDEWALK DEFERRAL/1875 LAKE DRIVE:
Approve a request to defer the installation of a sidewalk in front of 1875 Lake Drive.
Staff recommends approval.
8.D. AUTHORIZATION FOR SUPERVISOR OF ELECTIONS TO
HANDLE/ CANVASS ABSENTEE AND PROVISIONAL BALLOTS AND
REPRESENT THE CITY AT LOGIC AND ACCURACY TESTS FOR THE
FIRST NON-PARTISAN ELECTION:
Authorize the Palm Beach County Supervisor
of Elections to handle and canvass the City’s absentee and provisional ballots for the
March 14, 2006 First Non-Partisan Election, and represent the City at the requisite Logic
and Accuracy tests.
8.E. REVISED LANGUAGE/LOCAL RULES/RULES FOR PUBLIC
PARTICIPATION:
Approve an amendment to the City Commission Rules of
Procedure, Section II, Local Rules A.8.g and approve the revised language for Item 1.C.
under “Rules for Public Participation” on the first page of the Regular Commission
Meeting Agenda for clarification.
8.F. RATIFICATION OF APPOINTMENT TO THE PARKING
MANAGEMENT ADVISORY BOARD:
Ratify the appointment of Diane Borchardt
as the Planning & Zoning Board representative on the Parking Management Advisory
Board for an unexpired term ending August 31, 2006.
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8.G. CONTRACT CANCELLATION/PENNCO, INC.:
Authorize the
cancellation of the contract with Pennco, Inc. for the purchase of Hydrofluosilicic Acid
for the Water Treatment Plant and authorize staff to re-bid this commodity.
8.H.CONTRACT CANCELLATION/PREMIER BUS OPERATING
COMPANY:
Authorize the cancellation of the contract with Premier Bus Operating
Company for Bus Rental and Driver Services for Parks and Recreation Camps, Special
Events, Sports & Dance Competitions, and Football Programs; and approve a temporary
award to Midnight Sun Tours until a new bid has been processed.
8.I. PURCHASE ORDER INCREASE/DELRAY LINCOLN
MERCURY:
Approve an increase of $15,000.00 to blanket purchase order #631052,
Delray Lincoln Mercury, for the purchase of Original Manufacture (O.E.M.) automotive
parts for the City Garage. Funding is available from 501-3311-591-52.50 (Central
Garage Fund/ Inventory/Parts).
8.J.MEMORANDUM OF UNDERSTANDING/FLORIDA
DEPARTMENT OF FINANCIAL SERVICES:
Approve a Memorandum of
Understanding with the Florida Department of Financial Services; and accept the
Domestic Preparedness Grant from the State Homeland Security Grant Program in the
amount of $76,226.50 for equipment, maintenance of equipment, and training courses
related to Homeland Security.
8.K. RESOLUTION NO. 1-06:
Approve Resolution No. 1-06 authorizing the
reimbursement of original expenditures with proceeds of lease purchase financing of a
Nortel PBX System in the amount of $199,572.74 and 60 golf carts in the amount of
$117,540.00.
The caption of Resolution No. 1-06 is as follows:
DECLARATION OF OFFICIAL INTENT WITH
RESPECT TO REIMBURSEMENT OF TEMPORARY
ADVANCES MADE FOR CAPITAL EXPENDITURES
TO BE MADE FROM SUBSEQUENT BORROWINGS.
(The official records of Resolution No. 1-06 is on file at the City Clerk’s
Office.)
8.L.RESOLUTION NO. 3-06:
Approve Resolution No. 3-06 authorizing a
master lease/purchase agreement with Bank of America Leasing for the lease purchase of
a Nortel PBX System in the amount of $199,572.74 and 60 golf carts in the amount of
$117,540.00.
The caption of Resolution No. 3-06 is as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AUTHORIZING THE
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EXECUTION AND DELIVERY OF A MASTER
LEASE/PURCHASE AGREEMENT WITH BANC OF
AMERICA LEASING & CAPITAL, LLC; AUTHORIZING A
LEASE OF TELEPHONE EQUIPMENT AND GOLF CARTS
THEREUNDER; AUTHORIZING THE EXECUTION OF
SUCH OTHER DOCUMENTS AS MAY BE NECESSARY
TO COMPLETE THE TRANSACTIONS CONTEMPLATED
HEREBY; AND PROVIDING AN EFFECTIVE DATE
.
(The official record of Resolution No. 3-06 is on file at the City Clerk’s
Office.)
8.M.SERVICE AUTHORIZATION NO. 3/CH2M HILL, INC./BEXLEY
PARK:
Approve Service Authorization No. 3 to CH2M Hill, Inc. in the amount of
$62,502.00 for final design of the Bexley Park Project. Funding is available from 380-
4150-572-63.24 (2004 G.O. Bond/Parks & Recreation/Bexley Park).
8.N. SUPPLEMENT NO. 1 TO SERVICE AUTHORIZATION/CH2M
HILL, INC./POMPEY PARK:
Approve Supplement No. 1 to Service Authorization
No. 2 to CH2M Hill, Inc. in the amount of $18,500.00 for additional design services for
the Pompey Park Building Improvements Project. Funding is available from 380-4150-
572-62.61 (2004 G.O. Bond/Parks & Recreation/Pompey Park Expansion).
8.O. AMENDMENT NO. 1 TO SERVICE AUTHORIZATION NO.
23/MATHEWS CONSULTING, INC.:
Approve Amendment No. 1 to Service
Authorization No. 23 to Mathews Consulting, Inc. in the amount of $32,900.00 for
supplementary services in conjunction with irrigation service connection extensions to
the Reclaimed Water Areas 2 & 3 Transmission Main Project. Funding is available from
441-5181-536-31.90 (Water/Sewer Fund/Other Professional Services).
8.P.CHANGE ORDER NO. 5 (CONTRACT ADDITION)/ASPHALT
CONSULTANTS, INC.:
Approve Change Order No. 5 (Contract Addition) between the
City and Asphalt Consultants, Inc. in the amount of $234,317.46 for replacement of the
existing exfiltration drainage system with a positive outfall drainage system as part of the
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N.W./S.W. 5 Avenue Improvements Project. Funding is available from 448-5461-538-
63.90 (Stormwater Utility Fund/Other Improvements).
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8.Q. SPECIAL EVENT REQUEST/HOWARD ALAN 9 ANNUAL
WINTER STREET CRAFT FESTIVAL:
Approve a special event request to allow the
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9 Annual Delray Beach Winter Street Craft Festival sponsored by Howard Alan Events,
Ltd. to be held on February 25-26, 2006 from 10:00 a.m. - 5:00 p.m.; including a
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temporary use permit per LDR Section 2.4.6(H) for street closures of NE/SE 4 Avenue,
one block north/south of Atlantic Avenue as well as the north end of Hand’s parking lot
for vendor parking; and staff support for security and traffic control, with the event
sponsor paying all overtime costs.
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8.R. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS:
Accept the actions and decisions made by the Land Development Boards for
the period December 12, 2005 through December 30, 2005.
8.S.AWARD OF BIDS AND CONTRACTS:
1.
Purchase awards to Duval Ford in the amount of $167,776.00 for
the purchase of seven (7) 2006 Ford Crown Victorias with pursuit
packages; and to Classic Chevrolet in the amount of $39,044.00 for
the purchase of two (2) Chevrolet Impalas with pursuit packages;
via the Florida Sheriff’s Association Bid #04-12-0823 Rollover for
the Police Department. Funding is available from 001-2111-521-
64.20 (General Fund/Automotive) and 001-2115-521-64.20
(General Fund/Automotive).
2.
Contract award to Murray Logan Construction, Inc. in the amount
of $48,500.00 for annual Lift Station Rehabilitation. Funding is
available from 442-5178-536-68.15 (Water/Sewer Fund/Lift
Station Rehabilitation).
3.
Bid award to Rosso Paving & Drainage, Inc. in the amount of
$106,872.50 for the construction of a U.S. 1 turn lane into the site
of the new Intracoastal Park. Funding is available from 334-4174-
572-68.10 (General Construction Fund/Intracoastal Park-US 1
Turn Lane).
4.
Approve a purchase order to ConVault in the amount of
$22,359.95 for the purchase of a 3,000 gallon above ground fuel
tank for the South Pump Station Fuel Tank Relocation Project.
Funding is available from 441-5161-536-34.85 (Water/Sewer
Fund/Other Contractual Services/SCRWTD Board).
5.
Contract award to Delta Petroleum & Industrial, Inc. in the amount
of $17,705.00 for the installation of a ConVault diesel fuel tank for
the South Pump Station Tank Relocation Project. Funding is
available from 442-5178-536-46.90 (Water/Sewer Renewal &
Replacement Fund/Other Repair/ Maintenance Costs).
6.THIS ITEM HAS BEEN MOVED TO THE REGULAR
AGENDA AS ITEM 9.A.1.
Mr. Levinson moved to approve the Consent Agenda as amended,
seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr.
Levinson – Yes; Ms. McCarthy – Yes; Mayor Perlman – Yes; Mrs. Ellis – Yes; Mrs.
Archer – Yes. Said motion passed with a 5 to 0 vote.
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9. REGULAR AGENDA:
9.A.1.CONTRACT AWARD/QUALITY TRANSPORT, INC.:
Consider
approval of a contract award to Quality Transport, Inc. in the amount of $840,840.00 for
an initial three (3) year contract (totaling $1,401,400.00 if extended to 5 years) to provide
shuttle services in the downtown area. Funding is available from 001-2511-512-31.90
(General Fund/Other Professional Services).
The City Attorney stated the recommendation to remove this item from
the Agenda is because there have been some letters going back and forth trying to initiate
a bid protest. The Purchasing Department has determined that the bid protest is beyond
the time allowed under the Bid Protest Procedures. However, the City Attorney stated
there have been discussions on both sides as to certain aspects of the bid.
Mr. Levinson suggested since the point totals were so close that the
Commission create a 30-minute block during the Special/Workshop Meeting to hear from
both firms. He stated he is uncomfortable tonight making a decision and by this item
being postponed it will give everyone a fair opportunity to explain why they should be
selected for the job. Mr. Levinson stated the goal is to get the best quality service and
supports hearing presentations on both sides.
Mrs. Ellis asked if staff determined that the appeal was not within the time
frame. The City Attorney stated there was a determination by the Purchasing Director
that the protest was not timely.
Mrs. Archer concurs with comments expressed by Mr. Levinson and
stated under the circumstances she feels it is appropriate to have a presentation from both
sides.
The City Attorney recommended that the Commission postpone this item
to the Workshop Meeting of January 10, 2006.
Ms. McCarthy stated it appears over the past six months that we are
constantly beginning to get these revisions to contracts that have been awarded. She
stated this is making her feel uncomfortable and if this Workshop Meeting will give the
Commission additional information and the ability to award a contract and have someone
stick to the figures that they have submitted then she would support this.
Mrs. Archer moved to postpone this item to the Workshop Meeting of
January 10, 2006, seconded by Mr. Levinson. Upon roll call the Commission voted as
follows: Ms. McCarthy – Yes; Mayor Perlman – Yes; Mrs. Ellis – No; Mrs. Archer –
Yes; Mr. Levinson – Yes. Said motion passed with a 4 to 1 vote, Commissioner Ellis
dissenting.
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9.A.2.RECONSIDERATION OF THE POLICE ADVISORY BOARD
APPOINTMENTS:
Consider approval of a reconsideration of the Police Advisory
Board Appointments at the January 17, 2006 Commission Meeting.
Mayor Perlman passed the gavel to Vice Mayor Levinson in order to make
the motion.
Mayor Perlman moved to approve to reconsider the Police Advisory
Board Appointments (Item 9.I. from the December 13, 2005 City Commission meeting)
at the Regular City Commission meeting of January 17, 2006, seconded by Mrs. Ellis.
Upon roll call the Commission voted as follows: Mayor Perlman – Yes; Mrs. Ellis –
Yes; Mrs. Archer – Yes; Mr. Levinson – Yes; Ms. McCarthy – No. Said motion passed
with a 4 to 1 vote, Commissioner McCarthy dissenting.
9.A.CONDITIONAL USE REQUEST/OUTDOOR AMPHITHEATER:
Consider a request to allow the establishment of an outdoor amphitheater at the Susan
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Williams and S.D. Spady Cultural Arts Center, located at 154-170 N.E. 5 Avenue in the
(Quasi-Judicial Hearing)
West Settlers Historic District.
Mayor Perlman read into the record the City of Delray Beach procedures
for a Quasi-Judicial Hearing for this item and all subsequent items.
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor Perlman asked the Commission to disclose their ex parte
communications. Mr. Levinson stated he met with Daisy Fulton and staff at the Spady
Museum approximately one year ago. Mayor Perlman stated he also met with Daisy
Fulton and her staff quite some time ago. Ms. McCarthy stated she spoke with Daisy
Fulton and people from the Spady Museum quite some time ago. Mrs. Ellis had no ex
parte communications to disclose. Mrs. Archer stated she had many conversations with
Daisy Fulton and staff approximately one year ago.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2005-396.
Mr. Dorling stated the applicant, Expanding & Preserving Our Cultural
Heritage, Inc. (EPOCH), plans to renovate the Susan Williams House for use as a
Community Cultural Arts Center, and to construct an outdoor covered amphitheater with
a stage and seating for approximately 50 people, and a two-story Support Facilities
building which would include a relocated office space from the museum, a concession
stand, storage and restroom areas for visiting patrons. The applicant would utilize the
amphitheater year-round for a variety of small gatherings such as program and holiday
activities related to the Cultural Arts Center and Museum. Mr. Dorling stated staff had
concerns with respect to the compatibility of the amphitheater as it related to sound with
the facilities’ proximity to adjacent residential uses in addition to concerns about how
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parking was going to be accommodated. Mr. Dorling stated staff has worked with the
applicant to address these issues and at this point both issues have been adequately
addressed.
At its meeting of November 10, 2005, the Community Redevelopment
Agency (CRA) reviewed the application and recommended approval with a 5 to 0 vote; at
its meeting of November 14, 2005, the Downtown Development Authority (DDA)
reviewed the application recommending denial of the conditional use request due to the
potential to have a group larger than 50, lighting overflow, and the frequency of events.
At its meeting of November 16, 2005, the West Atlantic Redevelopment Coalition
(WARC) reviewed and supported the application as presented. At its meeting of
November 16, 2005, the Historic Preservation Board (HPB) reviewed the proposed
Conditional Use recommending approval to the Planning and Zoning Board per the
conditions of staff with the exception of condition #1, which would prohibit the amplified
sound. The Board amended this condition by recommending that the issue of the
amplified sound and any subsequent complaints be addressed in the management
agreement between the City and EPOCH. At its meeting of December 19, 2005, the
Planning and Zoning Board held a public hearing on the proposed conditional use at its
meeting of December 19, 2005, and recommended approval of the conditional use by a
vote of 6 to 0 with seven (7) conditions contained in the Planning and Zoning staff report
pages 7 & 8.
Daisy Fulton, Executive Director of EPOCH and the Spady Museum,
distributed renderings of the Phase II project
Joe Middlebrooks, President of Middlebrooks & Associates (Architects),
nd
6480 S.W. 62 Avenue, Miami, stated if anyone has any questions regarding the
technical aspects of the building he is willing to answer them.
Mayor Perlman stated if anyone from the public would like to speak in
favor or in opposition of the Conditional Use request, to please come forward at this time.
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Mary Alford, 31 N.W. 14 Avenue, Delray Beach, urged the
Commission to consider this project because it will expose the youth to the cultural arts
and educate them about the City’s history. Ms. Alford stated she does not feel the noise
will be a problem and feels this will be a great addition to the museum and to the
community.
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Shirley Johnson, 701 N.W. 4 Street, Delray Beach, stated she fully
supports the amphitheater and concurs with comments expressed by Ms. Alford. She
expressed concern over the size of the amphitheater and stated more than 50 people are
going to want to attend.
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Abbey Weiss, 809 N.E. 1 Street #E-7, Delray Beach, stated over the past
eight months she has had the opportunity to work with the women of EPOCH and stated
she has the privilege of granting them a $5,000 unrestricted grant for the center. She
urged the Commission to support the conditional use request.
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There being no one else from the public who wished to give testimony on
this item, the public hearing was closed.
The City Attorney review the Board Order with the Commission who
made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
Prior to the vote, Ms. McCarthy stated the City of Delray Beach has a
10:00 p.m. noise ordinance and asked why this is restricted to a time of 9:30 p.m. Mr.
Dorling stated this was in response to concerns expressed by staff early on and when the
application came in for conditional use approval these are the times they put on. Mr.
Dorling stated at all times they would have to comply with the noise ordinance whether
they stop at 9:30 p.m. or 10:30 p.m. or 11:00 p.m. He stated 9:30 p.m. is reasonable
given its proximity to residential properties and noted the amphitheater is approximately
10 feet from the adjacent property which is residential and this is in the heart of a
residential area even though it is located on the business avenue. Ms. McCarthy inquired
about condition #7 and asked if the amplified sound includes microphones as well.
Mr. Levinson moved to approve the Board Order subject to conditions of
approval listed on page 7 & 8 of the staff report except that Condition #5 would be 10:00
p.m. on all other days other than Friday and Saturdays (which would be 11:00 p.m.),
seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Ellis –
Yes; Mrs. Archer – Yes; Mr. Levinson – Yes; Ms. McCarthy – Yes; Mayor Perlman –
Yes. Said motion passed with a 5 to 0 vote.
9.B.SPECIAL EVENT REQUEST/MARTIAL ARTS:
Consider a request
from Kevin Sisson requesting the making and installation of three (3) 4’ x 4’ event signs
for the Annual Martial Arts Open Kids Safe Weekend to be held at Old School Square on
January 28-29, 2006. Staff recommends denial.
The City Manager stated this is a request from the sponsor of the event to
place event signs (one in the Atlantic Avenue median and two on U.S.1 north and south
of the downtown area). He stated generally staff does not make and install events signs
for a site rental. This event will be held in the gymnasium at Old School Square. We
have in the past allowed signage to be placed on the grounds at Old School Square. Staff
recommends denial of this request.
Prior to the vote, Ms. McCarthy stated she will support denial of this
special event request. However, asked if the City gives special events of this nature the
ability to put paper advertising in the information holders that are at the supermarkets.
Ms. McCarthy stated this may be a good alternative to get it into the hands of people who
may actually use it. The City Manager stated staff would be glad to do this.
deny
Mr. Levinson moved to approve staff’s recommendation to the
request for three 4’x 4’ event signs for the Annual Martial Arts Open Kids Safe Weekend
and encourage staff to work with the applicant on alternative means of distributing
materials, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs.
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Archer – Yes; Mr. Levinson – Yes; Ms. McCarthy – Yes; Mayor Perlman – Yes; Mrs.
DENY
Ellis – Yes. Said motion to passed with a 5 to 0 vote.
9.C. CONTRACT AWARD/CORNELL PARK:
Provide direction regarding
the scope reduction and contract award for construction of the Cornell Park
Improvements. Funding is available from 380-4150-572-63.27 (2004 G.O. Bond/Cornell
Park).
The City Manager stated staff is struggling to get the parks projects done
within budget because of the tremendous escalation in prices of construction.
Mr. Levinson stated he attended the meeting and people in the
neighborhood did not want people outside the walkable area coming to this park. He
stated even people in the neighborhood will drive to the park. He expressed concern that
if a parking area is not built then people are going to park along the side of the road.
Richard Hasko, Director of Environmental Services, stated while
reviewing some of these parks projects staff has had to delete scope to try and get closer
to budget by taking out components that can be replaced in the following budget year.
He suggested that the Commission defer some of the suggested items (i.e. the parking
lot).
Brief discussion between staff and the Commission continued.
It was the consensus of the Commission to delay certain items from this
particular contract award.
Mrs. Ellis moved to approve to amend the Agenda and award the contract,
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr.
Levinson – Yes; Ms. McCarthy – Yes; Mayor Perlman – Yes; Mrs. Ellis – Yes; Mrs.
Archer – Yes. Said motion passed with a 5 to 0 vote.
Mrs. Ellis moved to approve to award the contract subject to deferring the
installation of the suggested items except for the bike rack and bollards, in the amount of
$233,943.00, seconded by Ms. McCarthy. Upon roll call the Commission voted as
follows: Ms. McCarthy – Yes; Mayor Perlman – Yes; Mrs. Ellis – Yes; Mrs. Archer –
Yes; Mr. Levinson – Yes. Said motion passed with a 5 to 0 vote.
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. 83-05:
Privately initiated rezoning from AC
(Automotive Commercial) to GC (General Commercial) for a 6.28 acre parcel, located on
the east side of Federal Highway and the west side of Florida Boulevard (formerly the
Ralph Buick Dealership).Prior to consideration of passage of this ordinance on Second
and FINAL Reading, a public hearing has been scheduled to be held at this time.
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(Quasi-Judicial Hearing)
The caption of Ordinance No. 83-05 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
REZONING AND PLACING LAND PRESENTLY
ZONED AUTOMOTIVE COMMERCIAL (AC)
DISTRICT TO GENERAL COMMERCIAL (GC)
DISTRICT; SAID LAND BEING A PARCEL
LOCATED AT THE NORTHEAST CORNER OF
SOUTH FEDERAL HIGHWAY (U.S. HIGHWAY
NO.1) AND FLADELL’S WAY (AVENUE “F”), AS
MORE PARTICULARLY DESCRIBED HEREIN;
AMENDING "ZONING MAP OF DELRAY BEACH,
FLORIDA, APRIL 2005"; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND
AN EFFECTIVE DATE.
(The official record of Ordinance No. 83-05 is on file at 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.
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor Perlman asked the Commission to disclose their ex parte
communications. Mr. Levinson stated he had a conversation with the President of the
Tropic Isle Homewowners’ Association (Fred Fetzer) and also with the Tropic Bay
Condominium Association President Joe Black. Ms. McCarthy, Mrs. Ellis, Mrs. Archer,
and Mayor Perlman had no ex parte communications to disclose.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2006-010 into the record.
Mr. Dorling stated the property is the former location of Ralph Buick
containing three (3) unoccupied buildings. The proposal is to change the zoning
designation of the property from AC (Automotive Commercial) to GC (General
Commercial). This change in zoning is to accommodate a mixed use development
containing commercial (15,000 square feet retail and 12,000 square feet office) combined
with 75 residential townhomes bordering Florida Boulevard. Under the proposed GC
zoning, the residential component of the proposed development will require conditional
use approval which is to be submitted if the rezoning is approved.
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At its meeting of November 21, 2005, the Planning and Zoning Board held
a public hearing in conjunction with the GC zoning request. After discussing the
proposal, the Board voted unanimously to recommend approval of the rezoning request
by adopting the findings of fact and law contained in the staff report, and a finding that
the request is consistent with the Comprehensive Plan, and meets the criteria set forth in
Sections 3.1.1, 3.2.2, and 2.4.5(D)(5) of the LDR’s.
Jason Mankoff, Attorney with Weiner & Aronson, P.A., 102 N. Swinton
Avenue, Delray Beach, representing the applicant, stated they do agree with the staff
report and adopt it as part of the record. Mr. Mankoff stated the staff report provides
substantial competent evidence to support this rezoning and the required findings
pursuant to Section 3.1.1 have been made and are detailed in the staff report. He read and
submitted a traffic statement into the record. Also, he stated the rezoning findings of
Sections 3.2.2 and 2.4.5(D)(5) are met.
Mayor Perlman stated anyone from the public who would like to address
the Commission regarding Ordinance No. 83-05, to please come forward at this time.
Mrs. Ellis moved to adopt Ordinance No. 83-05 on Second and FINAL
Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows:
Mayor Perlman – Yes; Mrs. Ellis – Yes; Mrs. Archer – Yes; Mr. Levinson – Yes; Ms.
McCarthy – Yes. Said motion passed with a 5 to 0 vote.
10.B. ORDINANCE NO. 80-05:
Privately initiated rezoning from RO
(Residential Office) to RM (Medium Density Residential) for a 0.21 acre portion of the
stst
Coda (fka Lighthouse) property, located south of S.W. 1 Street, between S.W. 1
nd
Avenue and S.W. 2 Avenue. Prior to consideration of passage of this ordinance on
Second and FINAL Reading, a public hearing has been scheduled to be held at this time.
(Quasi-Judicial Hearing)
The caption of Ordinance No. 80-05 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
REZONING AND PLACING LAND PRESENTLY
ZONED RESIDENTIAL OFFICE (RO) DISTRICT TO
MEDIUM DENSITY RESIDENTIAL (RM)
DISTRICT; SAID LAND BEING A PARCEL
ST
LOCATED ON THE SOUTH SIDE OF SW 1
STND
STREET, BETWEEN SW 1 AVENUE AND SW 2
AVENUE, AS MORE PARTICULARLY DESCRIBED
HEREIN; AMENDING "ZONING MAP OF DELRAY
BEACH, FLORIDA, APRIL 2005"; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
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01/03/06
(The official record of Ordinance No. 80-05 is on file at the City Clerk’s
Office.)
1.CONDITIONAL USE REQUEST/CODA PROPERTY:
Consider a request to allow a density in excess of twelve (12) units
per acre (19.6 dwelling units per acre proposed), within the RM
zone district, subject to the provisions of Article 4.7 “Family
Workforce Housing”, for a 1.84 acre parcel for the Coda (fka
Lighthouse) property, a proposed mixed-use development, located
stst
at the southwest corner of S.W. 1 Street and S.W. 1 Avenue.
(Quasi-Judicial Hearing)
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.
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor Perlman asked the Commission to disclose their ex parte
communications. Mr. Levinson and Ms. McCarthy had no ex parte communications to
disclose. Mayor Perlman stated he had a conversation a long time ago on the conceptual
plan with Mr. Hernandez. Mrs. Ellis had no ex parte communications to disclose. Mrs.
Archer stated she had a conversation some time ago with Mr. Hernandez on the
conceptual plan.
The City Attorney stated there are two quasi-judicial hearings; one is the
ordinance and one is the conditional use.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2006-005 and #2005-236.
Mr. Dorling stated the rezoning is part of the larger development proposal
which is zoned RM and RO. The subject property constitutes the southern 0.21 acres of
the RO-zoned (northern) portion of the property. A former halfway house known as The
Lighthouse occupied the overall site and has recently been demolished. The subject
property, along with the balance of the site, will be part of a mixed-use development
which will contain the following 36 townhouse units on the area currently zoned RM;
two mixed-use residential loft units each on the area currently zoned RO.
At its meeting of September 21, 2004, the City Commission approved a
Small-Scale Future Land Use Map amendment from MD to TRN and Rezoning from RM
to RO for the north 0.86 acres of the Lighthouse property. After the submittal of the site
development plan, the applicant discovered that the appropriate amount of land zoned
RM at the site was not available to meet the proposed density requirements. The
proposed rezoning of the 0.21 acres from RO to RM will allow the proposed
development to be constructed at the desired unit count. Mr. Dorling stated the applicant
has revised the piece that is RO to expand the RM to the south to accommodate the
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01/03/06
density count that is part of the next proposal.
Mr. Dorling stated the associated conditional use would include the piece
that would be zoned RO to RM and the RM piece would actually be the piece that is
hatched in with the rezoning. He stated the proposal is to demolish the existing structures
and construct 36 3-story townhouse units with a cabana and pool. The conditional use
would allow an increase of density of over 12 units per acre as allowed in the Southwest
Area Neighborhood Plan and the request is for 19.6 units per acre subject to the
provisions of the City’s workforce housing ordinance. Mr. Dorling noted that this is the
first proposal that is coming in under the density bonus program and the provisions of the
workforce housing ordinance would allow an increase in density of 14 units for the
provision of three very low units which would be provide off-site, either an additional
moderate income on or off-site and a contribution of $120,000.00 to the Land Trust for
opportunities to provide additional workforce housing.
At its meeting of November, 21, 2005, the Planning and Zoning Board
held a public hearing in conjunction with the RO zoning request. There was no public
testimony in support or opposition of the proposal. After discussing the proposal, the
Board voted 7-0 to recommend approval. Staff recommends the approval of the density
increase to 19.6 dwelling units subject to conditions contained in the staff report with the
exception of condition #7 of Exhibit “A” (That the applicant remits half the cost of a bus
shelter). Staff is removing this condition of approval because this does not sit on a
current bus route.
Mr. Dorling clarified that the amount of the density bonus is 14 units total
or 7.6 units per acre.
th
Tim Hernandez, New Urban Communities, 398 N.E. 6 Avenue, Delray
Beach (applicant), stated he is present to answer any questions.
Mayor Perlman stated if anyone from the public would like to speak in
favor or in opposition of this item, to please come forward at this time.
th
Shirley Johnson, 701 N.W. 4 Street, Delray Beach, expressed concern
that the City continues to award conditional use exceptions and asked if there is a process
in place for the workforce housing. She stated there is a shortage of land and asked if
there is something that will guarantee that these houses will eventually be built.
Mr. Dorling stated the details of the units that would qualify for this need
to be provided with a site plan approval.
Mr. Levinson commended the applicant and the CRA because this is the
first project on the density bonus. He stated this was an extra piece of property that was
an incentive to put in RO with the density bonus for affordable housing.
Mayor Perlman stated he asked Mr. Hernandez to work with the
Southwest Neighborhood Plan and the citizens group to make sure it is implemented.
Mayor Perlman stated they are in support of this Plan and it does fit in with the
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01/03/06
Southwest Area Neighborhood Redevelopment Plan.
Mr. Levinson moved to adopt Ordinance No. 80-05, seconded by Mrs.
Ellis. Upon roll call the Commission voted as follows: Mrs. Ellis – Yes; Mrs. Archer –
Yes; Mr. Levinson – Yes; Ms. McCarthy – Yes; Mayor Perlman – Yes. Said motion
passed with a 5 to 0 vote.
At this point, the City Attorney reviewed the Board Order with the
Commission who made findings according to their consensus (attached hereto is a copy
and made an official part of the minutes).
Mr. Levinson moved to approve the Board Order with the modifications,
seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer
– Yes; Mr. Levinson – Yes; Ms. McCarthy – Yes; Mayor Perlman – Yes; Mrs. Ellis –
Yes. Said motion passed with a 5 to 0 vote.
10.C. ORDINANCE NO. 82-05:
Privately initiated rezoning from CBD-RC
(Central Business District-Railroad Corridor) to CBD (Central Business District) for the
south seven (7) feet of Lot 9, and Lots 10 through 12 inclusive, together with the north
thirty-seven (37) feet of Lot 13; lying in Block 78 totaling 0.85 acres, located along the
ndstnd
west side of S.E. 2 Avenue, between S.E. 1 Street and S.E. 2 Street. Prior to
consideration of passage of this ordinance on Second and FINAL Reading, a public
(Quasi-Judicial Hearing)
hearing has been scheduled to be held at this time.
The caption of Ordinance No. 82-05 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
REZONING AND PLACING LAND PRESENTLY
ZONED CENTRAL BUSINESS DISTRICT –
RAILROAD CORRIDOR (CBD-RC) DISTRICT TO
CENTRAL BUSINESS (CBD) DISTRICT; SAID
LAND BEING A PARCEL LOCATED ON THE
ND
WEST SIDE OF SE 2 AVENUE,
ST
APPROXIMATELY 76 FEET SOUTH OF SE 1
STREET, AS MORE PARTICULARLY DESCRIBED
HEREIN; AMENDING "ZONING MAP OF DELRAY
BEACH, FLORIDA, APRIL 2005"; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
(The official record of Ordinance No. 82-05 is on file at the City Clerk’s
Office.)
2.CONDITIONAL USE REQUEST/ATLANTIC SHORES:
Consider a request to allow a density in excess of 30 units per acre
(41.30 units per acre proposed) and a building height to exceed 48’
(60’ proposed) in the Central Business District for Atlantic Shores,
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01/03/06
a proposed 36-unit residential development, located on the west
ndst
side of S.E. 2 Avenue, approximately 80 feet south of S.E. 1
(Quasi-Judicial Hearing)
Street.
Chevelle D. Nubin, City Clerk, swore in the following individuals who
wished to give testimony on this item.
Mayor Perlman asked the Commission to disclose their ex parte
communications on this item. The Commission had no ex parte communications to
disclose.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning project file #2005-392 and #2005-346.
Mr. Dorling stated the proposal is a privately initiated rezoning from
CBD-RC (Central Business District – Railroad Corridor) to CBD (Central Business
District) for a 0.85 acre site within the Railroad Corridor area of the Central Business
District (CBD-RC) and contains a one-story 4,410 square foot retail store building built
in 1962, a 5,508 square foot warehouse distribution facility built in 1959, and a one-story
1,440 square foot warehouse structure built in 1961. All three structures are to be
demolished and replaced with a proposed multiple family residential development known
as Atlantic Shores. The development is seeking a height of 60 feet which is currently
allowed in the CBD and not in CBD-RC.
At its meeting of November 21, 2005, the Planning and Zoning Board held
a public hearing in conjunction with rezoning request. There was no public testimony for
or against the privately initiated rezoning. After discussing the proposal, the Board voted
7 to 0 to recommend approval of the rezoning from CBD-RC (Central Business District –
Railroad Corridor) to CBD (Central Business District) for the 0.85 acre site located along
ndstnd
the west side of S.E. 2 Avenue between S.E. 1 Street and S.E. 2 Street, based on
positive findings with respect to LDR Section 3.1.1 (Required Findings), LDR Section
2.4.5(D)(5) (Rezoning Findings) and the Goals, Objectives, and Policies of the
Comprehensive Plan.
Mr. Dorling stated the conditional use request is for demolition of the
three existing retail/warehouse structures; the construction of a five-story residential
building with a 64-space parking garage on the ground floor; installation of 6 parallel
nd
parking spaces along 2 Avenue; and residential dwelling units on the second, third,
fourth and fifth levels (35 dwelling units in total). The conditional use request has been
requested to allow a density in excess of 30 units per acre (41.30 du/ac) and to allow for a
building height of up to 60 feet.
Mr. Dorling stated the positive findings are made in the staff report for
both increases in density and height and at its meeting of November 21, 2005, the
Planning and Zoning Board held a public hearing in conjunction with the rezoning and
there was no testimony presented by the public. The Board did have a discussion about
the appropriateness of conditional use requests for both density and height on the same
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01/03/06
property. After discussing this at length, the Board recommended approval of both
conditional use requests on a 7 to 0 vote.
Jason Mankoff, Attorney with Weiner & Aronson, P.A., 102 N. Swinton
Avenue, Delray Beach (representing applicant), stated they adopt the staff report as part
of the record which provides substantial competent evidence in support of the rezoning.
Additionally, he stated the required findings of LDR Section of 3.1.1 are met as is
Section 3.2.2. Also, Mr. Mankoff stated LDR Section 2.4.5(D)(5) is also fulfilled. He
stated the CBD zoning is appropriate for the subject property as it will further the goals
and objectives of the Downtown Delray Beach Master Plan and the Comprehensive Plan
including fulfilling the provision of additional housing in the downtown area. The
Community Redevelopment Agency (CRA), Downtown Development Authority (DDA),
and the Planning and Zoning Board unanimously recommended approval for the rezoning
request. With regard to the conditional use, they adopt the staff report as part of the
record which provides substantial competent evidence in support of the rezoning,
required findings of LDR Section 3.1.1 are found, a reference to the Comprehensive Plan
elements and objectives which support the conditional use are also included in the staff
report. Mr. Mankoff stated LDR Section 4.3.4 provides that an increase in height to a
maximum height of 60 feet may be approved if certain criteria are met and noted this is a
limited area where one can request additional height and the ordinance restricts it with
150 feet. He stated the applicant is in area where the additional height is allowed. LDR
Section 4.4.13(I) also provides performance standards for an increase in density and is
also a limited area. Mr. Mankoff stated the staff report discusses both the height and the
density requirements in detail and states that the applicant meets the requirements for
height and each of the applicable performance standards for density.
Francisco Perez-Azua, Architect for the project, gave a brief PowerPoint
presentation and stated he is present for any questions the Commission may have.
Mr. Mankoff stated they also meet Section 2.4.5(E) in that the conditional
use will not have a significant detrimental affect on the stability of the neighborhood or
hinder development or redevelopment of nearby properties. The CRA, the DDA, and the
Planning and Zoning Board unanimously recommended approval and they agree with all
the conditions of approval.
Mayor Perlman stated anyone from the public who wished to give
testimony on this on the rezoning or the conditional use, to please come forward at this
time.
st
Abbey Weiss, 809 N.E. 1 Street, Delray Beach, urged the Commission to
vote against this project and read a statement into the record by Columnist Howard
Goodman from the Christmas Edition of the Sun-Sentinel News.
Dr. Annette Annechild, 300 North Swinton Avenue, Delray Beach, stated
the project is pretty but expressed concern that we are losing too much sky and the scenic
village like atmosphere.
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01/03/06
For the record, Mayor Perlman stated that the Commission is not
considering any variances this evening nor have they ever considered a variance for
height or density.
Mark Reingold, 107 MacFarlane Drive #204, Delray Beach, stated he read
in the newspaper that the Commission may be interested in bringing the planning
consultants back that put together with the community the Master Plan that was passed
four years ago. He asked that this project and any other projects that are coming along be
looked at in that same context.
At this point, Chevelle D. Nubin, City Clerk, swore in the following
individual:
th
Doug Feldman, 346 N.E. 8 Avenue, Delray Beach, asked what is
happening to the sides and the back of the building since only the front view of this
building is being presented.
Mayor Perlman clarified that the presentation showed all four sides of the
building and their setbacks.
Alice Finst, 707 Place Tavant, Delray Beach, stated she heard in the
presentation that there are other 60 foot buildings adjacent to this project and asked if
another canyon is being formed. Mrs. Finst stated the street is approximately 22-25 feet
wide and urged the Commission to take this into consideration.
There being no one else from the public who wished to address the
Commission regarding the rezoning or the conditional use, the public hearing was closed.
Mr. Mankoff reiterated that this project is for Atlantic Shores and not
Atlantic Plaza. He stated the developer looked at this property and looked at the City
ordinances and realized this was a piece of property and a good fit for additional height
and density near the railroad tracks.
Mrs. Archer moved to adopt Ordinance No. 82-05, seconded by Mrs. Ellis.
Upon roll call the Commission voted as follows: Mr. Levinson – Yes; Ms. McCarthy –
Yes; Mayor Perlman – Yes; Mrs. Ellis – Yes; Mrs. Archer – Yes. Said motion passed
with a 5 to 0 vote.
Mr. Levinson stated the Treasure Coast Regional Planning Council came
in with hundreds of members from the community since 2001 and worked for 3 ½ - 4
years and the community to identify the redevelopment of the Master Plan. He
encouraged everyone to review the Master Plan which is available on the City’s website
or through the Planning and Zoning Department. Mr. Levinson stated this is one of the
first of approximately four properties that has come along within the Design Guidelines
(enacted approximately one year ago). He stated he agreed to have the Treasure Coast
Regional Planning Council to come back in because of the particular uniqueness of one
property in town which was the Veterans Park/Atlantic Plaza property.
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01/03/06
Mayor Perlman gave a brief history of the downtown and since 1987 there
has always been discussion about the need for downtown housing to have a sustainable
downtown. He suggested that going forward in the future that there be a workforce
housing component added to the performance standards for buildings such as this project
so that if a developer requests the extra height and density that they give back
affordability.
At this point, the City Attorney reviewed the Board Order with the
Commission who made findings according to their consensus (attached hereto is a copy
and made an official part of the minutes).
Mr. Levinson moved to approve the Board Order, seconded by Ms.
McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy – Yes;
Mayor Perlman – Yes; Mrs. Ellis – Yes; Mrs. Archer – Yes; Mr. Levinson – Yes. Said
motion passed with a 5 to 0 vote.
10.D. ORDINANCE NO. 81-05:
City initiated rezoning request from CBD-RC
(Central Business District-Railroad Corridor) to CBD (Central Business District) for
nd
parcels of land totaling 1.25 acres, located on the east and west sides of S.E. 2 Avenue,
stnd
between S.E. 1 Street and S.E. 2 Street. Prior to consideration of passage of this
ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held
(Quasi-Judicial Hearing)
at this time.
The caption of Ordinance No. 81-05 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
REZONING AND PLACING LAND PRESENTLY
ZONED CENTRAL BUSINESS DISTRICT-
RAILROAD CORRIDOR (CBD-RC) DISTRICT TO
CENTRAL BUSINESS (CBD) DISTRICT; SAID
LAND BEING PARCELS LOCATED ON THE EAST
ND
AND WEST SIDES OF SE 2 AVENUE, BETWEEN
STND
SE 1 STREET AND SE 2 STREET, AS MORE
PARTICULARLY DESCRIBED HEREIN;
AMENDING "ZONING MAP OF DELRAY BEACH,
FLORIDA, APRIL 2005"; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND
AN EFFECTIVE DATE.
(The official record of Ordinance No. 81-05 is on file at 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.
- 20 -
01/03/06
At this point, Mrs. Archer stepped away from the dais.
Mayor Perlman asked the Commission to disclose their ex parte
communications. Mr. Levinson, Ms. McCarthy, Mayor Perlman, and Mrs. Ellis had no
ex parte communications to disclose.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2005-392 into the record.
Mr. Dorling stated this is a City initiated rezoning from CBD-RC (Central
Business District – Railroad Corridor) to CBD (Central Business District) for 1.25 acre
site.
At its meeting of November 21, 2005, the Planning and Zoning Board held
a public hearing in conjunction with the rezoning request. There was no public testimony
and the Board unanimously recommended approval of the request. At its meeting of
November 11, 2005, the CRA recommended approval and at its meeting of November
14, 2005, the DDA recommended approval.
Mayor Perlman stated if anyone from the public would like to speak in
favor or in opposition of the rezoning, to please come forward at this time.
Ms. McCarthy moved to adopt Ordinance No. 81-05 on Second and
FINAL Reading, seconded by Mrs. Ellis. Upon roll call the Commission voted as
follows: Mayor Perlman – Yes; Mrs. Ellis – Yes; Mr. Levinson – Yes; Ms. McCarthy –
Yes. Said motion passed with a 4 to 0 vote.
10.E. ORDINANCE NO. 59-05:
City initiated rezoning from R-1-A (Single
Family Residential) to RM (Medium Density Residential) for a 0.5 acre parcel of land for
the Lee Burke Property, located on the north side of Linton Boulevard, approximately
th
660 feet west of S.W. 4 Avenue. Prior to consideration of passage of this ordinance on
Second and FINAL Reading, a public hearing has been scheduled to be held at this time.
(Quasi-Judicial Hearing)
The caption of Ordinance No. 59-05 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
REZONING AND PLACING LAND PRESENTLY
ZONED R-1-A (SINGLE FAMILY RESIDENTIAL)
DISTRICT TO RM (MEDIUM DENSITY
RESIDENTIAL) DISTRICT; SAID LAND BEING A
PARCEL LOCATED ON THE NORTH SIDE OF
TH
LINTON BOULEVARD, 660 FEET WEST OF SW 4
AVENUE AS MORE PARTICULARLY DESCRIBED
HEREIN; AMENDING "ZONING MAP OF DELRAY
BEACH, FLORIDA, APRIL 2005"; PROVIDING A
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01/03/06
GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
(The official record of Ordinance No. 59-05 is on file at 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.
At this point, Mrs. Archer returned to the dais.
Mayor Perlman passed the gavel to Vice Mayor Levinson and stepped
down from the dais.
Vice Mayor Levinson asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning project file #2005-292 into the record.
Mr. Dorling stated this is a 0.5 acre parcel which contains a single family
th
residence. The subject property is located within the Southridge/S.W. 4 Avenue
Redevelopment Area. The Redevelopment Area #3 Future Land Use Map designation
and R-1-A (Single Family Residential) zoning designation were retained as a “holding”
zone until a specific development proposal area was submitted. A development proposal
has been submitted to construct a multiple family development that will include
workforce housing on the adjacent vacant 7.05 acres known as Lintco properties. Rather
than leave the remaining 0.5 acre parcel zoned R-1-A, it appears appropriate to include
this parcel with the privately-initiated FLUM amendment and rezoning proposal.
At its meeting of July 18, 2005, the Planning and Zoning Board held a
public hearing in conjunction with the FLUM amendments and rezonings. There was no
public testimony regarding the requests and after discussing the FLUM amendment and
rezoning, the Board voted 6-0 to recommend approval.
Vice Mayor Levinson stated if anyone from the public would like to speak
in favor or in opposition of Ordinance No. 59-05, to please come forward at this time.
There being no one from the public who wished to address the Commission regarding
Ordinance No. 59-05, the public hearing was closed.
Mrs. Archer moved to adopt Ordinance No. 59-05 on Second and FINAL
Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows:
Mrs. Archer – Yes; Vice Mayor Levinson – Yes; Ms. McCarthy – Yes; Mrs. Ellis – Yes.
Said motion passed with a 4 to 0 vote.
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01/03/06
10.F.ORDINANCE NO. 79-05:
Privately initiated amendment to the Land
Development Regulations Section 4.6.9(E), “Location of Parking Spaces”, by adding a
new subsection 4.6.9(E)(4), “Parking Facility Payment”; and Appendix “A”,
“Definitions”, to establish alternative provisions for accommodating required parking
when not provided onsite; and to provide a definition for a public parking facility and
programmed public parking facility. Prior to consideration of passage of this ordinance
on Second and FINAL Reading, a public hearing has been scheduled to be held at this
time.
The caption of Ordinance No. 79-05 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING APPENDIX “A” OF THE LAND
DEVELOPMENT REGULATIONS, BY ADDING
DEFINITIONS OF A PUBLIC PARKING FACILITY
AND PROGRAMMED PUBLIC PARKING
FACILITY; AMENDING SECTION 4.6.9(E),
“LOCATION OF PARKING SPACES” BY
CREATING A NEW SUBSECTION 4.6.9(E)(4),
“PARKING FACILITY PAYMENT” TO ESTABLISH
ALTERNATIVE PROVISIONS FOR
ACCOMMODATING REQUIRED PARKING, WHEN
NOT PROVIDED ON-SITE, PROVIDING FOR
RENUMBERING; PROVIDING A SAVINGS
CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE.
(The official record of Ordinance No. 79-05 is on file at 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.
Paul Dorling, Director of Planning and Zoning, stated this ordinance will
allow for a public parking fee for each parking space not provided on-site for a proposed
development which is located within 600 feet of a future municipal parking facility. The
intent of this amendment is to provide property owners an incentive to assist a
governmental entity in the construction of a public parking facility in a manner that is
mutually beneficial. Furthermore, the proposed amendment would also maximize shared
parking options and minimize both the visual impact and disruptions to the urban fabric
of the streetscape caused by expensive and individual surface parking lots. The proposed
amendment also includes a definition of “Public Parking Facility” and “Programmed
Public Parking Facility”. Mr. Dorling stated the public parking fee is limited to 25% of
the total number of required parking spaces for the development. In addition, if the
public parking facility is not scheduled to be constructed within three (3) years of site
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01/03/06
plan approval for the development, a minimum of 75% of the parking spaces subject to
fees must be constructed in the right-of-way adjacent to the development. These parking
spaces will be available to the general public and may not be reserved or dedicated to the
proposed development nor credited to meet the required on-site parking.
Vice Mayor Levinson stated if anyone from the public would like to speak
in favor or in opposition of the amendment, to please come forward at this time.
Arlen D. Dominek, 50 East Road, Delray Beach, stated he is opposed to
the modifications. He stated there is a shortage of parking spaces and in his opinion
providing public parking spaces is not a solution. Mr. Dominek suggested that the City
of Delray Beach provide parking garages as like the City of Winter Park has done.
There being no one else from the public who wished to address the
Commission, the public hearing was closed.
Prior to the vote, Mr. Dorling stated the requirements to provide on-street
parking accommodate the demand and this will provide an incentive for the construction
of parking garages which will benefit everyone including the individual developments.
Mrs. Ellis moved to adopt Ordinance No. 79-05 on Second and FINAL
Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows:
Vice Mayor Levinson – Yes; Ms. McCarthy – Yes; Mrs. Ellis – Yes; Mrs. Archer – Yes.
Said motion passed with a 4 to 0 vote.
Item 11, Comments and
At this point, the Commission moved to
Inquiries on Non-Agenda Items from the City Manager and the Public.
11.A.City Manager’s response to prior public comments and inquiries.
The City Manager had no comments or inquiries on non-agenda items.
11.B.From the Public.
11.B.1.Kenneth Gray, 696 Udell Lane, Delray Beach,
stated the school buses
traveling Lake Ida Road to Davis Road come through in the morning and noted there is
not really a problem with the buses coming into the neighborhood in the mornings
because they come in individually. He stated in the afternoons in about 20 minutes
approximately 40 buses come out of Davis Road and flow very neatly. Mr. Gray stated
there is not as much of a problem at the intersection of Davis Road and Lake Ida Road as
he originally anticipated there would be and suggested that the school buses be routed off
st
Congress Avenue to N.W. 1 Street.
Item
At this point, the time being 8:22 p.m., the Commission moved to
9.D. of the Regular Agenda.
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01/03/06
9.D. SPECIAL EVENT REQUEST/ART & JAZZ ON THE AVENUE:
Consider approval and endorsement of Art & Jazz on the Avenue scheduled for January
19, 2006 from 6:00 p.m. to 10:00 p.m.; granting a temporary use permit per LDR Section
th
2.4.6(H) for the closure of Atlantic Avenue from Swinton Avenue to N.E. 7 Avenue, the
th
south side of Atlantic Avenue from N.E. 7 Avenue to just past the Blue Anchor Pub,
stnd
Railroad Drive from Atlantic Avenue to N.E. 1 Street, and N.E. 2 Avenue from
nd
Atlantic Avenue to N.E. 2 Street (street closure will be from 3:00 p.m. to approximately
midnight); and authorize staff support for security and traffic control, banner
hanging/removal, barricade set-up/removal, trash removal, clean up assistance, and with
payment of costs to the City per the agreement dated January 24, 2005.
The City Manager stated this is a request from the Downtown Joint
Venture and this item was placed on the Regular Agenda because the media sponsor is
the Sun-Sentinel.
Prior to the vote, Mr. Levinson stated he is hearing from vendors and
merchants that we need to think about how to change, tweak, and revitalize Jazz on the
Avenue. He suggested that new ideas for the event would make sense because he does
not want to see people not attend the event because they think it is too monotonous. The
City Manager stated there are discussions going on at the Downtown Joint Venture
regarding some changes to Art and Jazz on the Avenue.
Mayor Perlman stated he has noticed a pronounced improvement with the
new reporter on the beat he is very pleased with the Sun-Sentinel and has seen marked
improvement.
Ms. McCarthy stated in walking down Atlantic Avenue during the First
Night event and the holiday season, she noticed that the All-America City street paint
sign needs to be redone.
Ms. McCarthy moved to approve the Special Event Request for Art and
Jazz on the Avenue scheduled for January 19, 2006, seconded by Mrs. Ellis. Upon roll
call the Commission voted as follows: Ms. McCarthy – Yes; Mayor Perlman – Yes; Mrs.
Ellis – Yes; Mrs. Archer – Yes; Mr. Levinson – No. Said motion passed with a 4 to 1
vote, Commissioner Levinson dissenting.
9.E. APPOINTMENTS TO THE CODE ENFORCEMENT BOARD:
Appoint three (3) regular members to the Code Enforcement Board for three (3) year
terms ending January 14, 2009. Based upon the rotation system, the appointments will be
made by Commissioner McCarthy (Seat #4), Mayor Perlman (Seat #5), and
Commissioner Ellis (Seat #1).
Ms. McCarthy stated she would like to defer her appointment to the
Regular City Commission meeting of January 17, 2006.
- 25 -
01/03/06
Mayor Perlman stated he would like to reappoint Robert Marks as a
regular member to the Code Enforcement Board for a three year term ending January 14,
2009. Mr. Levinson so moved, seconded by Mrs. Ellis. Upon roll call the Commission
voted as follows: Mayor Perlman – Yes; Mrs. Ellis – Yes; Mrs. Archer – Yes; Mr.
Levinson – Yes; Ms. McCarthy – Yes. Said motion passed with a 5 to 0 vote.
Mrs. Ellis moved to reappoint Mark Behar as a regular member to the
Code Enforcement Board for a three year term ending January 14, 2009, seconded by Ms.
McCarthy. Upon roll call the Commission voted as follows: Mrs. Ellis – Yes; Mrs.
Archer – Yes; Mr. Levinson – Yes; Ms. McCarthy – Yes; Mayor Perlman – Yes. Said
motion passed with a 5 to 0 vote.
9.F. APPOINTMENTS TO THE EDUCATION BOARD:
Appoint two (2)
regular members to the Education Board for unexpired terms ending July 31, 2007.
Based upon the rotation system, the appointments will be made by Commissioner
McCarthy (Seat #4) and Mayor Perlman (Seat #5).
Ms. McCarthy moved to appoint Perry Stokes as a regular member to the
Education Board for an unexpired term ending July 31, 2007, seconded by Mrs. Archer.
Upon roll call the Commission voted as follows: Mrs. Archer – Yes; Mr. Levinson –
Yes; Ms. McCarthy – Yes; Mayor Perlman – Yes; Mrs. Ellis – Yes. Said motion passed
with a 5 to 0 vote.
Mayor Perlman stated he would like to appoint Marlo Belkin as a regular
member to the Education Board for an unexpired term ending July 31, 2007. Mrs. Ellis
so moved, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows:
Mr. Levinson – Yes; Ms. McCarthy – Yes; Mayor Perlman – Yes; Mrs. Ellis – Yes; Mrs.
Archer – Yes. Said motion passed with a 5 to 0 vote.
9.G.APPOINTMENT TO THE NUISANCE ABATEMENT BOARD:
Appoint one (1) regular member to the Nuisance Abatement Board for an unexpired term
ending March 31, 2007. Based upon the rotation system, the appointment will be made
by Commissioner McCarthy (Seat #4).
Ms. McCarthy stated she would like to defer her appointment to the
Regular City Commission meeting of January 17, 2006.
9.H.APPOINTMENT TO THE POLICE AND FIREFIGHTERS
RETIREMENT SYSTEM BOARD OF TRUSTEES:
Appoint one (1) regular member
to the Police and Firefighters Retirement System Board of Trustees for an unexpired term
ending June 30, 2006. Based upon the rotation system, the appointment will be made by
Mayor Perlman (Seat #5).
Mayor Perlman stated he would like to defer his appointment to the
Regular City Commission meeting of January 17, 2006.
- 26 -
01/03/06
Item
At this point, the time being 8:29 p.m., the Commission moved to
12, First Readings.
12.FIRST READINGS:
12.A.ORDINANCE NO. 1-06:
Rezoning from POD (Professional Office
District) to RM-10 (Medium Density Residential-10 Units per acre) for a 1.77 acre parcel
to be known as Palm Trail Carriage Homes, 816 Palm Trail, located approximately 185
feet north of George Bush Boulevard. If passed, a public hearing will be scheduled for
January 17, 2006.
The caption of Ordinance No. 1-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
REZONING AND PLACING LAND PRESENTLY
ZONED PROFESSIONAL AND OFFICE (POD)
DISTRICT TO MEDIUM DENSITY RESIDENTIAL-
10 UNITS PER ACRE (RM-10) DISTRICT; SAID
LAND BEING A PARCEL LOCATED ON THE
WEST SIDE OF PALM TRAIL, APPROXIMATELY
170 FEET NORTH OF GEORGE BUSH
BOULEVARD, AS MORE PARTICULARLY
DESCRIBED HEREIN; AMENDING "ZONING MAP
OF DELRAY BEACH, FLORIDA, APRIL 2005";
PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
(The official record of Ordinance No. 1-06 is on file at the City Clerk’s
Office.)
At this point, Ms. McCarthy stepped away from the dais.
The City Attorney read the caption of the ordinance.
Paul Dorling, Director of Planning and Zoning, stated this is a proposed
rezoning involves eleven (11) platted lots and associated abandoned alleyways, totaling
1.77 acres. The property contains an existing vacant 22,799 square foot medical/office
building with POD associated parking area. The subject property is owned by Palm Trail
Holdings, L.L.C. and the owners are proposing to demolish the existing two-story
medical office building and construct 16 townhome units. The 1.77 acre site, if rezoned
to RM-10, would allow for a maximum of 17 townhome units. The rezoning request
from POD (Professional & Office District) to RM-10 (Medium Density Residential-10
units per acre) is now before the City Commission for action.
At its meeting of November 21, 2005, the Planning and Zoning Board
considered the request and was postponed by a 4 to 2 vote with direction to staff to check
the utilities and alley abandonment situation. At its meeting of December 19, 2005, the
- 27 -
01/03/06
Planning and Zoning Board reconsidered the request and the Board voted unanimously 5
to 0 to recommend approval of the rezoning request.
Prior to the vote, Mrs. Archer inquired about the lot on the northeastern
edge of the property that is not included and asked if this is a single family home. Mr.
Dorling stated this is zoned RM and is a duplex.
Mr. Levinson moved to approve Ordinance No. 1-06 on FIRST Reading,
seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor
Perlman – Yes; Mrs. Ellis – Yes; Mrs. Archer – Yes; Mr. Levinson – Yes. Said motion
passed with a 4 to 0 vote.
12.B. ORDINANCE NO. 2-06:
Amendment to Land Development
Regulations Section 4.3.4(J)(1), “Height”, Section 4.6.18(B)(14)(i)(3), “Buildings within
the Downtown Area”, Appendix “A”, “Definitions”, to regulate sloped parapets. If
passed, a public hearing will be scheduled for January 17, 2006.
The caption of Ordinance No. 2-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, BY AMENDING
SUBSECTION 4.3.4(J), “HEIGHT”; BY AMENDING
PARAGRAPH 4.3.4(J)(1), “DEFINED”; AMENDING
PARAGRAPH 4.3.4(J)(3), “EXCEPTIONS TO DISTRICT
HEIGHT LIMITATIONS”; AMENDING PARAGRAPH
4.6.18(B)(14)(i), “ROOFS AND GUTTERS”;
AMENDING APPENDIX “A”, “DEFINITIONS”, TO
ALLOW AND REGULATE PARAPETS; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
(The official record of Ordinance No. 2-06 is on file at the City Clerk’s
Office.)
The City Attorney read the caption of the ordinance.
Paul Dorling, Director of Planning and Zoning, stated this is a privately
initiated LDR amendment that is being initiated by the Attorney for Capex Construction.
The amendment would allow the sloped parapets to apply to flat roofs at a maximum
height limit of six feet and as a decorative feature on top of a flat roof without altering the
way height is measured.
- 28 -
01/03/06
At its meeting of December 19, 2005, the Planning and Zoning Board held
a public hearing in conjunction with the text amendment. There was no one from the
public that spoke on the issue and the Board voted unanimously 6 to 0 to recommend
approval of the text amendment request to regulate sloped parapets by adopting the
findings of fact and law contained in the staff report and finding that the request is
consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section
2.4.5(M)(5).
Mrs. Ellis moved to approve Ordinance No. 2-06 on FIRST Reading,
seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mayor
Perlman – Yes; Mrs. Ellis – Yes; Mrs. Archer – Yes; Mr. Levinson – Yes. Said motion
passed with a 4 to 0 vote.
At this point, Ms. McCarthy returned to the dais.
12.C. ORDINANCE NO. 3-06:
Amendment to Land Development
Regulations Section 4.6.9(C), “Off-Street Parking”, for the reservation of one (1) parking
space per residential unit in mixed-use developments utilizing the shared parking tables.
If passed, a public hearing will be scheduled for January 17, 2006.
The caption of Ordinance No. 3-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES, BY
AMENDING SECTION 4.6.9, "OFF-STREET PARKING
REGULATIONS", SUBSECTION (C), "NUMBER OF
PARKING SPACES REQUIRED", PARAGRAPH (8)(A),
"SHARED PARKING", TO ESTABLISH STANDARDS
FOR RESERVED SPACES FOR MIXED USE
DEVELOPMENTS; PROVIDING A SAVING CLAUSE,
A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official record of Ordinance No. 3-06 is on file at the City Clerk’s
Office.)
The City Attorney read the caption of the ordinance.
Scott Aronson, Parking Management Specialist, stated this is a City
initiated ordinance that will amend the shared parking tables in the LDR’s under Section
4.6.9(C)(8)(a). The shared parking calculations allow for reductions in required parking
within mixed use development in certain zoning districts. He stated staff has concern that
the residents of the mixed use developments have to compete with users of the
commercial components. Staff has been imposing this requirement as a condition of
- 29 -
01/03/06
approval for all mixed use developments. A developer’s recent reluctance to provide the
requested reserved residential spaces has predicated this proposed text amendment. He
stated the City-initiated text amendment will require mixed use projects, with a
residential component that propose utilization of the optional shared parking calculations,
to reserve one (1) parking space per residential unit.
Brief discussion between staff and the Commission followed.
Mrs. Archer moved to approve Ordinance No. 3-06 on FIRST Reading,
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Ellis
– Yes; Mrs. Archer – Yes; Mr. Levinson – Yes; Ms. McCarthy – Yes; Mayor Perlman –
Yes. Said motion passed with a 5 to 0 vote.
12.D. ORDINANCE NO. 4-06:
An ordinance amending Chapter 91,
“Animals” of the Code of Ordinances by amending Section 91.20, “Running at Large”, to
clarify that “at large” shall mean not under the direct control of owner whether on or off
owner’s property. If passed, a public hearing will be scheduled for January 17, 2006.
The caption of Ordinance No. 4-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, BY AMENDING SECTION
91.20, “RUNNING AT LARGE”, IN ORDER TO
CLARIFY THAT DOGS MUST BE UNDER THE
OWNER’S DIRECT CONTROL WHETHER THEY ARE
ON OR OFF OF THE OWNER’S PROPERTY;
PROVIDING A SAVING CLAUSE; A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official record of Ordinance No. 4-06 is on file at the City Clerk’s
Office.)
The City Attorney read the caption of the ordinance.
Mrs. Archer commented about verbiage in the ordinance referring to the
word “capable”.
Brief discussion by the Commission followed.
Mr. Levinson moved to approve Ordinance No. 4-06 on FIRST Reading,
seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs. Archer –
Yes; Mr. Levinson – Yes; Ms. McCarthy – Yes; Mayor Perlman – Yes; Mrs. Ellis – Yes.
Said motion passed with a 5 to 0 vote.
- 30 -
01/03/06
Item 13, Comments and
At this point, the Commission moved to
Inquiries on Non-Agenda Items from the Commission.
13.COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A.City Manager
The City Manager stated in the notes regarding the agenda the City Clerk
gave the Mayor new account numbers for Item 8.S.4 and Item 8.S.5. Mayor Perlman
entered the correct account numbers into the record and this was so noted by the City
Clerk.
13.B.City Attorney
The City Attorney had no comments or inquiries on non-agenda items.
13.C.City Commission
13.C.1.Mrs. Archer
Mrs. Archer wished everyone a Happy New Year.
13.C.2.Mrs. Ellis
Mrs. Ellis stated she is looking forward to a great 2006.
13.C.3.Ms. McCarthy
Ms. McCarthy wished everyone a healthy, prosperous, and joyful 2006.
She re-addressed the issue of street lights from I-95 along Atlantic Avenue
th
and also on S.W. 11 Avenue in addition to some of the side streets. The City Manager
stated staff has contacted FPL repeatedly particularly about the street lights along
Atlantic Avenue being out. He stated FPL expects street light restoration from hurricane
damage to be completed by the end of February. Ms. McCarthy stated she has received
numerous telephone calls from several residents with concerns about it being very dark
and they feel very uncomfortable.
Ms. McCarthy reiterated that there is a telephone number that is accessible
for citizens to call when street lights are out.
She suggested that staff purchase a digital timer as soon as possible.
Lastly, Ms. McCarthy stated there has been quite a bit of discussion
because of buildings that are being built that the Commission is approving or not
approving. She stated this is normal and feels everyone should have anticipated this. She
- 31 -
01/03/06
stated since the modification of the design guidelines there was a group of many people
who participated with the original master plan, some of which are still here and some are
not. Ms. McCarthy stated many new people have moved in as well and there were also
people who did not participate even though they lived here. However, she stated the
impact or the visual realization that these things are happening now that they are being
put into place is visible and people are now beginning to react and respond to it. Ms.
McCarthy stated certain landmarks are beginning to change and she expressed concern
that this needs to be addressed.
13.C.4. Mr. Levinson
Mr. Levinson wished everyone a Happy New Year.
He stated he heard from many residents over the last couple of weeks who
expressed how excited they were to be in the downtown and all the activities going on.
He stated there was a Menorah Lighting at Old School Square and it was
great. He stated several people approached him in appreciation that Delray Beach
embraces a variety of holiday seasons.
Mr. Levinson commented about First Night and stated the attendance was
incredible. He gave kudos to all those who participated in the event and stated it was a
great event.
13.C.5. Mayor Perlman
Mayor Perlman stated he received telephone calls today from residents
who live on Beach Drive. He stated the residents have some damage to the asphalt after
the hurricane from what FPL did.
Secondly, he stated he received letters from the Mayor of Palm Beach
asking the City of Delray Beach to support underground utilities. Mayor Perlman stated
a few cities such as the Town of Manalapan and Gulf Stream is getting on board. He
stated he is not sure if it is affordable and there are some areas in the city that cannot have
underground utilities because of the potential of hitting water. He stated in talking to
people who came in to repair the city’s system, they said that things underground is an
entirely different skill set and often times more lengthy to repair if it does go out. Mayor
Perlman stated there is a coastal movement and City of Delray Beach owes them an
answer in terms of joining them in a resolution.
Mrs. Archer stated she would like to obtain information on those
communities that have made the transition and what kind of repair requirements have
they faced. She stated the City of Naples has done this along with possibly others and
reiterated that she would like to get some feedback from those communities that have
underground utilities. The Commission concurred that now is the time to look into this
issue and obtain feedback from other communities.
- 32 -
01/03/06
Mayor Perlman publicly commended Commissioner McCarthy for helping
out with the situation for Elysse Vega, a 16-year old Atlantic High School student who
was struck by a car and killed Christmas night. Ms. McCarthy arranged for grief
counselors and Rabbi Suzanne Carter to meet at the Fire-Rescue Headquarters to help
console friends of Ms. Vega.
Mayor Perlman commented about the Congress Avenue Corridor Plan and
stated he would like to make sure this is on track.
Mayor Perlman commented about a newspaper article regarding Boca
Raton’s interest in pursuing the Florida SCRIPPS Research Institute for southern Palm
Beach County and stated Mayor Abrams called him and asked if he would support
Boca’s effort. Mayor Perlman stated he will personally support this and noted Mayor
Abrams also received personal support from the Mayor Capellini of Deerfield Beach.
Mayor Perlman stated Boca’s rationale is that South Palm Beach County/North Broward
County is a compelling alternative because we have the mature downtown and the main
campus of FAU, Lynn University, a branch of the community college, and the executive
airports. Mayor Abrams is going to Tallahassee to meet with Senate House leadership
and the Governor’s office on this. Mr. Levinson stated he feels it is important that the
City of Delray Beach put into play some rules and regulations before they do.
Mayor Perlman stated with regard to the First Night issue he stated it was
extremely distressing to him to see what happened on a night that is really a marketed as
a family friendly alternative for New Year’s Eve. He stated the City of Delray Beach
needs to do everything to help solve this crime. Mayor Perlman suggested that a law
enforcement fund be set up and look at offering a reward for the arrest and conviction of
anyone involved. He stated this incident was an event where people of all ages and
ethnicities were mingling downtown with their children.
Mrs. Archer stated in the future when there are events held in the
downtown she suggested that there be tremendous police presence in the areas where
they believe it is coming from.
Mr. Levinson suggested that this may also be something for the
Neighborhood Advisory Council (NAC) to deal with and have them take a proactive
approach in these areas and focus on identifying some solutions from other cities that
have had this problem.
With regard to First Night, Ms. McCarthy stated this may be a teaching
moment and between NAC, Weed & Seed, and other neighborhood organizations. She
stated the reward for information means something although one cannot be 100 percent
certain as to where the bullet came from. She stated it has been a tradition in some
families to do this type of thing and they do not realize the impact of what they are doing
or the consequences. Ms. McCarthy stated this should be used as a teaching moment and
we need to make certain that we incorporate as many people as possible in as many
places as we can (i.e. posting flyers at many of the places people normally go for eating,
- 33 -
01/03/06
shopping, etc.). Ms. McCarthy suggested that the City of Delray Beach take a proactive
stance at every place we can and that we aggressively address it now so that it will begin
to cease.
Mr. Levinson stated he agrees with comments expressed by Commissioner
McCarthy and feels the City of Delray Beach needs to enforce that there are
consequences and someone was injured.
Mayor Perlman stated the Commission talked about bringing the Treasure
Coast Regional Planning Council back in. He feels it is a good idea to look at Atlantic
Plaza because it is a unique situation and stated they can also help with Hotel Vista Del
Mar which has had five years oflitigation. Mayor Perlman stated the third area he would
like them to look at is South Swinton Avenue particularly the Sundy House. Mrs. Archer
stated she would also like to see them look at the northeast comer of Atlantic A venue and
6th Avenue (where the gas station is located). After brief discussion, it was the consensus
of the Commission to direct the City Manager to schedule a meeting with the Treasure
Coast Regional Planning Council regarding Atlantic Plaza, Hotel Vista Del Mar, and
South Swinton Avenue.
Lastly, Mayor Perlman wished everyone a Happy New Year.
There being no further business, Mayor Perlman declared the meeting
adjourned at 9:39 p.m.
~.
~_LS)' \J~~~)
City Clerk
ATTEST:
Jz&l t!z
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 January 3, 2006, which Minutes were formally approved and adopted by the City
Commission on January 17, 2006 .
~.~ S). ~~
City Clerk
- 34-
01103/06
-
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.
r-
]
'!
r
i'
- 35 -
01103/06
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAV BEACH, FLORIDA
CONDITIONAL USE REQUEST FOR THE ESTABLISHMENT OF AN OUTDOOR
AMPHITHEATER AT THE SUSAN WilLIAMS AND S.D. SPADY CULTURAL ARTS
CENTER SITE
ORDER OF THE CITY COMMISSION
OF THE CITY OF DElRA Y BEACH, FLORIDA
1. This conditional use request has come before the City Commission on
January 3, 2006.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the conditional use request for the
Susan Williams and S.D. Spady Cultural Arts Center Site. All of the evidence is a part
of the record in this case. Required findings are made in accordance with Subsections
I and II.
-
I.
COMPREHENSIVE PLAN
a. Comprehensive Plan - Future land Use and Map: Is the future use and
intensity of the development consistent with the future land use map and
comprehensive plan and is it appropriate in terms of soil, topographic, and other
applicable physical considerations, complementary to adjacent land uses, and fulfills
remaining land use needs?
Ves 5 No 0
b. Concurrency: Concurrency as defined pursuant to Objective B-2 of
the land Use Element of the Comprehensive Plan must be met and a determination
made that the public facility needs of the requested land use and/or development
application will not exceed the ability of the City to fund and provide, or to require the
provision of, needed capital improvements for the following areas:
Are the concurrency requirements met as respect to water, sewer,
drainage, streets and traffic, parks, open space, solid waste and
schools?
Ves 5
No 0
T -1-1' IYl q. A '
II. lDR REQUIREMENTS:
lDR Section 2.4.5(E) Required Findinas: (Conditional Use): Pursuant to
Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the conditional use will not:
i. Have a significantly detrimental effect upon the stability of the
neighborhood within which it will be located;
ii. Nor that it will hinder development or redevelopment of nearby
properties.
Will Section 2.4.5(E)(5) be met?
Ves 5 No 0
3. The comments and notes set forth in the staff report are hereby
incorporated herein.
4. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the conditional use request was submitted.
5. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
6. Based on the entire record before it, the City Commission approves ~
denies _ the conditional use request subject to conditions of approval contained on
Page 7 and 8 of the staff report, except that the time of 9:30 for Sunday through
Thursday is changed to 10 p.m. and Friday and Saturday will remain at 11 :00 p.m. The
City Commission hereby adopts this Order this 3rd day of January, 2006, by a vote of
5. in favor and 0
opposed.
ATTEST:
~~ -~- \:J~-~l
~~~~
2
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRA V BEACH, FLORIDA
CONDITIONAL USE REQUEST FOR CODA PROPERTY
ORDER OF THE CITY COMMISSION
OF THE CITY OF DElRA Y BEACH, FLORIDA
1. This conditional use request has come before the City Commission on
January 3, 2006.
2. The Applicant and City staff presented . documentary evidence and
testimony to the City Commission pertaining to the conditional use request for the Coda
Property. All of the evidence is a part of the record in this case. Required findings are
made in accordance with Subsections I and II.
I. COMPREHENSIVE PLAN
a. Comprehensive Plan - Future land Use and Map: Is the future use and
intensity of the development consistent with the future land use map and
comprehensive plan and is it appropriate in terms of soil, topographic, and other
applicable physical considerations, complementary to adjacent land uses, and fulfills
remaining land use needs?
Ves 5 No 0
b. Concurrency: Concurrency as defined pursuant to Objective B-2 of
the Land Use Element of the Comprehensive Plan must be met and a determination
made that the public facility needs of the requested land use and/or development
application will not exceed the ability of the City to fund and provide, or to require the
provision of, needed capital improvements for the following areas:
Are the concurrency requirements met as respect to water, sewer,
drainage, streets and traffic, parks, open space, solid waste and
schools?
Ves 5
No 0
r-
II.
LDR REQUIREMENTS:
. 1
rf--cY'v1 / () .8,.1. .
a. lDR Section 2.4.5(E) Required Findinas: (Conditional Use): Pursuant
to Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the conditional use will not:
i. Have a significantly detrimental effect upon the stability of the
neighborhood within which it will be located;
ii. Nor that it will hinder development or redevelopment of nearby
properties.
Will Section 2.4.5(E)(5) be met?
Ves 5 No 0
b. Perfonnance Standards for Density Increase: Does the applicant
meet the requirements set forth in Section 4.4.6(1), attached hereto, to allow a density in
excess of 6 dwelling units per acre to 12 dwelling units per acre?
Ves
5
No
o
c. Consistency with Article 4.7 (Workforce Housina): Is the development
consistent with and meets the criteria set forth in Article 4.7 (Workforce Housing) of the
LOR's in order to allow the applicant a density bonus?
Yes
5
No
o
If you answered ayes", what is the amount of the density bonus?
7.6 dwelling units per acre
The total density, based upon (b) and (c), is 19.6 dwelling units per acre.
3. The comments and notes set forth in the staff report are hereby
incorporated herein.
4. The City Commission has applied the Comprehensive Plan and LOR
requirements in existence at the time the conditional use request was submitted.
5. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
2
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
6. Based on the entire record before it, the City Commission approves ~
denies _ the conditional use request subject to conditions, except that no bus
shelter contributions are required and hereby adopts this Order this _ day of
January, 2006, by a vote of 5
opposed.
~EST: ~ ~ ~ .
. ~-'. . ~\~,"f'..J
Chevelle Nubin
City Clerk
3
lDR Section 4.4.6(1)
(I) Perfonnance Standards:
(1) These standards shall apply to all site plans approved subsequent
to October 7, 1997, and for modifications to existing developments which involve the
creation of additional residential units.
In order to increase a project density beyond six (6) units per acre,
the approving body must make a finding that the development substantially complies
with the performance standards listed in this section. The intent of the standards is to
mitigate the impacts of the additional density both internal and external to the site. The
extent to which a project meets the standards will determine the number of units per
acre that will be permitted. For example, if a project meets or exceeds all of the
standards, and is otherwise consistent with applicable standards and policies of the
City's Comprehensive Plan and Land Development Regulations, the maximum density
is permitted. Projects which only partially achieve these standards will be permitted a
correspondingly lower density. The performance standards are as follows:
(a) The traffic circulation system is designed to control speed and reduce
volumes on the interior and exterior street network. This can be
accomplished through the use of traffic calmir:'g devices; street
networks consisting of loops and short segments; multiple entrances
and exists into the development; and similar measures that are
intended to minimize through traffic and keep speeds within the
development at or below 20 m.p.h.
(b) Buildings are placed throughout the development in a manner that
reduces the overall massing, and provides a feeling of open space.
(c) Where immediately adjacent to residential zoning districts having a
lower density, building setbacks and landscape materials along those
adjacent property lines are increased beyond the required minimums in
order to provide a me'aningful buffer to those lower density areas.
Building setbacks are increased by at least 25% of the required
minimum; at least one tree per 30 linear feet (or fraction thereof) is
provided; trees exceed the required height at time of planting by 25%_or
more; and a hedge, wall or fence is provided as a visual buffer between
the properties.
(d) The development offers a varied streetscape and building design. For
example, setbacks are staggered and offset, with varying roof heights
(for multi-family buildings, the planes of the facades are offset to add
interest and distinguish individual units). Building elevations
incorporate diversity in window and door shapes and locations; features
such as balconies, arches, porches, courtyards; and design elements
such as shutters, window mullions, quoins, decorative tiles, etc.
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(e) A number of different unit types, sizes and floor plans are available
within the development in order to accommodate households of various
ages and sizes. Multi-family housing will at a minimum have a mix of
one, two and three bedroom units with varying floor plans. Single
family housing (attached and detached) will at a minimum offer a mix of
three and four bedroom units with varying floor plans.
(f) The development is designed to preserve and enhance existing natural
areas and/or water bodies. Where no such areas exist, new areas
which provide open space and native habitat are created and
incorporated into the project.
(g) The project provides a convenient and extensive bicycle/pedestrian
network, and access to available transit.
(2) It is acknowledged that some of the above referenced standards
may not be entirely applicable to small, infill type residential projects. For those types of
projects, the ultimate density should be based upon the attainment of those standards
which are applicable, as well as the development's ability to meet or exceed other
minimum code requirements.
(3) For vacant property that is proposed for rezoning to RM with a
density suffix, the approving body must made a finding that the proposed density is
appropriate based upon the future land use map designations of surrounding property
as well as the prevailing development pattern of the surrounding area.
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IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
CONDITIONAL USE REQUEST FOR ATLANTIC SHORES
ORDER OF THE CITY COMMISSION
OF THE CITY OF DElRAY BEACH, FLORIDA
1. This conditional use request has come before the City Commission on
January 3, 2006.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the conditional use request for Atlantic
Shores. All of the evidence is a part of the record in this case. Required findings are
made in accordance with Subsections I and II.
I. COMPREHENSIVE PLAN
a. Comprehensive Plan - Future land Use and Map: Is the future use and
intensity of the development consistent with the future land use map and
comprehensive plan and is it appropriate in terms of soil, topographic, and other
applicable physical considerations, complementary to adjacent land uses, and fulfills
remaining land use needs?
Yes 5 No 0
b. Concurrency: Concurrency as defined pursuant to Objective B-2 of
the Land Use Element of the Comprehensive Plan must be met and a determination
made that the public facility needs of the requested land use and/or development
application will not exceed the ability of the City to fund and provide, or to require the
provision of, needed capital improvements for the following areas:
Are the concurrency requirements met as respect to water, sewer,
drainage, streets and traffic, parks, open space, solid waste and
schools?
..--
Yes 5
No 0
r f{fVl 10. {! ..2- .
II. lOR REQUIREMENTS:
a. lOR Section 2.4.5(El Reauired FindinQs: (Conditional Use}: Pursuant
to Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the conditional use will not:
i. Have a significantly detrimental effect upon the stability of the
neighborhood within which it will be located;
ii. Nor that it will hinder development or redevelopment of nearby
properties.
Will Section 2.4.5(E)(5) be met?
Yes 5 No 0
b. REQUIRED FINDINGS RELATING TO INCREASE IN HEIGHT:
Does the Applicant meet the requirements set forth in Section 4.3.4(J)(4)
(attached hereto) to allow building height in excess of 48' to a maximum of 60'?
Yes
5
No
o
c. PERFORMANCE ST ANOARDS FOR DENSITY INCREASE:
Does the applicant meet the requirements set forth in Section 4.4.13(1)
(attached hereto) to allow the density in excess of 30 dwelling units per acre to
41.3 dwelling units per acre?
Yes
5
No
o
3. The comments and notes set forth in the staff report are hereby
incorporated herein.
4. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the conditional use request was submitted.
5. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
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in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
6. Based on the entire record before it, the City Commission approves L
denies _ the conditional use request subject to conditions on Page 6 of the Staff
Report and hereby adopts this Order this _ day of January, 2006, by a vote of
5
in favor and 0
opposed.
ATTEST:
~~~~~. ~I
Chevelle Nubin
City Clerk
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lDR Section 4.3.4(J)(4)
(4) Increases to HeiQht ReQulations:
(a) Prohibitions: There are no provisions which allow, nor is the Board of
Adjustment empowered to grant, an increase of height for any purpose
in the following zone districts:
Single Family (R-1) Districts
Rural Residential (RR)
Mobile Home (MH)
Agriculture (Ag)
Low Density Residential (RL)
Medium Density Residential (RM)
Residential Office (RO)
Planned Residential Development (PRD)
Neighborhood Commercial (NC)
Professional and Office District (POD)
Conservation District (CD)
Open Space (OS)
(b) Allowances: An increase, to a maximum height of sixty feet (60'), may
be approved by the City Commission in any zone district not listed
above when approved pursuant to the processing of a conditional use
request and based upon a finding of compliance with each of
enumerated criteria listed below.
(i) That the structure is to be located in one of the following
geographic areas:
(1) Area "A" - all property located east of Congress Avenue and
west of 1-95.
(2) Area "B" - the property encompassed by the Delint DRI, with
the exception of that portion platted as "Waterford Village";
along with property located west of S.W. 10th Avenue, south of
Linton Boulevard, and east of 1-95.
(3) Area "C" - the property encompassed by the boundary of
Linton Boulevard, Wallace Drive, S.W. 10th Street, and 1-95.
(4) Area "0" - the properties located south of Atlantic Avenue,
north of S.W. 1st Street, west of S.W. 2nd Avenue, and east of
S.W. 4th Avenue; and the properties located north of Atlantic
Avenue, south of N.W. 1st Street, west of N.W. 1st Avenue,
and east of N.W. 3rd Avenue.
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(5) Area "E" - the property encompassed' on the west by the F.E.C.
Railroad, on the east by the Intracoastal Waterway, on the
south by Allen Avenue extended to said easterly and westerly
boundaries, and on the north to the northernmost boundary of
the City.
(6) Area "F" - the property located between the one-way pair
system of Federal Highway (5th and 6th Avenues).
(7) Area "G" - the property on either side of Linton Boulevard,
extending 200 feet north and south of its ultimate right-of-way,
extending from 1-95 to Dixie Highway.
(8) Area "H" - the area bounded by Linton Boulevard on the south,
the F.E.C. Railroad on the east, the combination of Southridge
Road and Swinton Avenue on the north, and S.W. 4th Avenue
on the west.
(9) Area "I" - all property within the Central Core portion of the
CaD (Central Business District), except for that portion within
150' of any zoning district which has a maximum height limit of
35', measured from the property line of the CBD zoned
property.
(10) Area "J" - the property encompassed by Lindell Boulevard
on the north, Federal Highway on the east, Dixie Highway on the
west, and the City limits on the south.
(ii) That the increase in height will not provide for, nor accommodate,
an increase in the floor area (within the structure) beyond that
which could be accommodated by development which adheres to a
height limitation of 48 feet, except for the following situations:
(1) An increase in intensity is allowed when the increase from 48
feet to 60 feet is for the purpose of accommodating residential
use on the top floor of the structure; however, the increase in
intensity is only for the added residential use area;
(2) An increase in intensity is allowed when there is a transfer of
development rights pursuant to Section 4.6.20.
(iii) That the increase in height is based on or will result in two, or
more, of the following:
(iv)
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(1) That workforce housing is provided within the development in a
manner consistent with the provisions of Sections 4.7.5 (a) and
(d);
(2) That 50% or greater of an area of the ground floor is devoted to
parking and vehicular traffic circulation;
(3) That for each foot in height above 48 feet, an additional
building setback of two feet is provided from the building
setback lines which would be established for a 48-foot tall
structure. The additional setback is required from all setback
lines (i.e., front, side, and rear) for the portion of the building
that extends above 48 feet. In lieu of this setback requirement,
buildings in the CBD zone shall adhere to the setback
requirements of that district; and
(4) That a minimum of 50% of the ground floor building frontage
consist of nonresidential uses (excluding parking).
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LOR Section 4.4.13(1)
(1) Performance Standards These standards shall apply to all applications
for new development and modification of existing developments which would result in a
density greater than thirty (30) dwelling units per acre in the Commercial Core or twelve
(12) units per acre in the West Atlantic Neighborhood.
(1) The maximum permissible density of a particular project will be
established through the conditional use process, based upon the degree to which the
development complies with the performance standards of this section, the required
findings of Section 2.4.5(E), and other applicable standards of the comprehensive Plan
and Land Development Regulations. Notwithstanding the above, the approving body
may deny an application for increased density where it is determined that the proposed
project is not compatible in terms of building mass and intensity of use with surrounding
development.
(2) The applicable performance standards for development exceeding twelve
(12) units per acre within the West Atlantic Neighborhood or thirty (30) units per acre
within the Central Core are as follows:
(a) The development offers variation in design to add interest to the
elevations and relief from the building mass. Building elevations
incorporate several of the following elements: diversity in window and
door shapes and locations; features such as balconies, arches,
porches; and design elements such as shutters, window mullions,
quoins, decorative tiles, or similar distinguishing features.
(b) If the building includes a parking garage as an associated structure or
within the principal building, the garage elevation provides unified
design elements with the main building through the use of similar
building materials and color, vertical and horizontal. elements, and
architectural style. Development of a portion of the ground floor
perimeter adjacent to street rights of way is devoted to window displays
or floor area for active uses such as retail stores, personal and
business service establishments, entertainment, offices, etc., is
encouraged.
(c) A number of different unit types, sizes and floor plans are available
within the development. Two and three bedroom units are encouraged,
as are a combination of multi-level units and flats. In projects
consisting of more than twelve (12) dwelling units, the proportion of
efficiency or studio type units may not exceed 25% of the total units.
there is no maximum percentage established for projects having twelve
(12) or fewer units, however, a mix of unit types and sizes is
encouraged.
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(d) The project design shall create an overall unified architectural character
and image by the use of common elements between the building(s),
parking lot, and landscaping. Examples of some features that could be
incorporated to meet this standard are: freestanding light poles and
exterior light fixtures that are decorative and consistent with the
architectural treatment of the building(s); pedestrian amenities such as
benches, shaded walkways, and decorative pavement treatment, that
are similar in forms, colors, materials, or details as the architecture of
the building(s); focal points such as public art, water feature/fountain,
courtyard or public plazas designed to connect different uses along a
continuous pedestrian walkway; or a combination of similar features
that meet the intent of this standard.
(e) The development provides common areas and/or amenities for
residents such as swimming pools, exercise rooms, storage rooms or
lockers, covered parking, gardens, courtyards, or similar areas and/or
amenities.
(f) The development promotes pedestrian movements by providing
convenient access from the residential units to the public sidewalk
system. Pedestrian areas adjacent to the building are enhanced by
providing additional sidewalk area at the same level as the abutting
public sidewalk. Accessways to parking areas are designed in a
manner that minimizes conflicts between vehicles and pedestrians.
The public street or streets immediately adjacent to the development
are enhanced in a manner that is consistent with the streetscape in the
downtown area (i.e., installation of landscape nodes, extension of
existing paver block system, installation of approved street lighting,
etc.).
(g) The development provides opportunities to share parking, accessways,
driveways, etc., with adjoining properties, or provides additional parking
spaces that may be used by the public.
(h) Projects fronting on Atlantic Avenue, NW/SW 5th Avenue, N.E. 1st
Street, or S.E. 1st Street contain nonresidential uses on the ground
floor. At least seventy-five percent (75%) of the surface area of the
front street wall(s) at the ground floor of each such building is devoted
to display windows_and to entrances to commercial uses from outside
the building.
(i) The landscape plan for the development preserves and incorporates
existing native vegetation (where available), provides new landscaping
that is in excess of minimum standards (in height and quantity),
demonstrates innovative use of plant material, improves site design,
provides useable open space or public plazas, and maximizes available
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areas for pedestrian interaction. If necessary to achieve this standard,
the project may exceed the maximum setback area on the ground floor.
(3) It is acknowledged that it may not be possible for projects which
involve the modification of existing structures to comply with many of the above
referenced standards. For those types of projects, the ultimate density should be
based upon compliance with those standards which can be reasonably attained, as well
as the project's ability to further the goal of revitalizing the central business district (i.e.,
adaptive reuse of older structures and the provision of housing in close proximity to
employment opportunities and services).
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