04-21-15 Regular City Commission MinutesAPRIL 21, 2015
A Regular Meeting of the City Commission of the City of Delray Beach,
Florida, was called to order by Mayor Cary Glickstein in the Commission Chambers at
City Hall at 6:00 p.m., Tuesday, April 21, 2015.
1. Roll call showed:
Present - Vice Mayor Shelly Petrolia
Deputy Vice Mayor Alson Jacquet
Commissioner Mitch Katz
Commissioner Jordana Jarjura
Mayor Cary Glickstein
Absent - None
Also present were - Donald B. Cooper, City Manager
Noel Pfeffer, City Attorney
Chevelle D. Nubin, City Clerk
2. The opening prayer was delivered by Chaplain Anthony Cuseo.
3. The Pledge of Allegiance to the flag of the United States of America was
given.
Mayor Glickstein thanked his colleagues, City staff, and the public for
their sympathy and support with respect to the loss of his father and stated it meant a lot
to him and his family.
At this point, Mayor Glickstein stated on December 17, 2014 Officer
Rodner Guillaume who responded to a child neglect call regarding a concern that there
was no food in the home. Officer Guillaume provided the family with food and returned
to the residence to provide the family with Christmas gifts. On behalf of the City
Commission, Mayor Glickstein thanked Officer Guillaume for his outstanding actions
and professionalism.
4. APPROVAL OF MINUTES:
Vice Mayor Petrolia moved to approve the minutes of the Workshop
Meeting of April 14, 2015, seconded by Mr. Katz. Upon roll call the Commission voted
as follows: Deputy Vice Mayor Jacquet — Yes; Mr. Katz — Yes; Ms. Jarjura — Yes;
Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes. Said motion passed with a 5 to 0
vote.
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5. PRESENTATIONS:
S.A. Recognizing and commending Charles Landford Hanna
Mayor Glickstein read a proclamation hereby recognizing and
commending Charles Landford Hanna. Marie Hanna came forward to accept the
proclamation and gave a few brief comments.
5_B. Spotlight on Education — Morikami Park Elementary School
The Morikami Park Elementary School Sunshine Chorus (led by Mrs.
Michelle King) came forward and sang a song for the Commission.
Mrs. Stacey Quinones, Principal of Morikami Park Elementary School,
gave a brief presentation on her goals and accomplishments for Morikami Park
Elementary School.
At this point, the Commission moved to Comments and Inquiries on
Agenda and Non -Agenda Items from the City Manager and the Public Immediately
Following Presentations.
6_A. City Manager's response to prior public comments and inquiries.
With regard to previous comments concerning the Lake Ida property, the
City Manager stated staff met with Palm Beach County Commissioners at which time
they approved the sale of the Lake Ida piece to the City of Delray Beach to be completed
within a 60-90 day period.
Secondly, with regard to Ms. Moody's concern about the incident at the
Caring Kitchen, the City Manager stated a report was delivered to the City Commission
and the Caring Kitchen item is on the Agenda tonight.
With regard to Ms. Byron's concerns about parking on Nassau Street, the
City Manager stated this issue will be addressed at the City Commission Workshop
meeting in May 2015.
With regard to Mr. Klein's concern about the Barwick Road pedestrian
openings, the City Manager stated there is a change order on the Consent Agenda tonight
in the amount of $5,300.00.
In response to All Aboard Florida, the City Manager stated he has a
meeting with representatives from All Aboard Florida and once he has that meeting he
will report back to the Commission as to its results.
With regard to previous concerns raised by citizens concerning the
condition of Atlantic Avenue, more specifically the cleanliness of the sidewalks, the City
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Manager stated staff is presently seeking quotations to power wash the entire sidewalk
which has not been cleaned for several years and once that is done the City will put it on
a regular rotation.
In response to public comments from the April 18, 2015 Workshop
meeting, the City Manager stated use of Community Service Officers to move traffic was
addressed by the Chief of Police and is not recommended; however, improved signage on
Atlantic Avenue will be discussed as part of the parking plan.
The City Manager stated the issue of no commercial traffic after 11:30
a.m. has not been examined and he expects that would create a significant hardship to a
number of businesses in the Central Business District (CBD) and likely to create
substantial opposition.
6.B. From the Public.
6.B.1. Steve Blum, 115 Venetian Drive, Delray Beach, FL 33483, stated about
three (3) weeks ago he spoke about the change in what people could speak on and that
they could speak on agenda items. Mr. Blum stated he had mentioned about the Mayor at
the time came on board and one of the Commissioners came on board and you think then
everything went right in line and everything was changed. However, Mr. Blum stated a
lot of homework went into making that decision. Mr. Blum stated staff polled almost
forty (40) municipalities in South Florida and around the state to see what they did and
what their viewpoints were on that issue to make sure they were doing the right thing.
Mr. Blum recognized and commended Chevelle Nubin, City Clerk for checking all forty
(40) municipalities, did the homework, made up a chart, and spent a lot of time finding
out what could be done in South Florida and what Delray could do to better themselves.
6.B.2. Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane #2110, Delray
Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray
Beach and Member of the Alliance), thanked Mr. Noel Pfeffer for the outstanding job
he did last night at the Planning and Zoning meeting regarding the Atlantic Crossing
hearing. Dr. Kirson stated Mr. Pfeffer was professional, factual, and he kept aboard on
what they were to decide on. He made reference to previous comments made by
Commissioner Jarjura to Louie Chapman and the Mayor's speech on the LDRs. Dr.
Kirson stated a while ago he asked for a $1.00 tax per beer and he was informed that only
Tallahassee could do that and last week he asked for a tourist tax and it seems that
metropolitan areas cannot do that. Dr. Kirson stated Commissioner Jarjura went over
joint efforts by economic incentives available outside of taxing authorities. Dr. Kirson
stated with the 1,000 units going up with the Atlantic Crossing project he suggested that
developer for Atlantic Crossing Project Mr. Carl DeSantis in conjunction with the City
help pay for the cost of four (4) police officers and traffic control
6.B.3. Bob Ganger, Florida Coalition, echoed comments expressed by Dr.
Kirson regarding the City Attorney's statement last night at the Planning and Zoning
Board meeting regarding Atlantic Crossing. In his opinion, Mr. Ganger stated the
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Planning and Zoning Board meeting was not a productive meeting and he expressed
concern that the citizens do not believe that the developer is living up to his commitments
particularly with the traffic situation. Mr. Ganger expressed concern that two
Commissioners (none of whom are sitting on the dais now) indicated in public that they
had not read the traffic study as part of the appeal for losing the road and not having an
ingress or egress into the garage. Mr. Ganger stated he is very concerned with how a
road got taken away (Atlantic Court) and no one can explain how that happened. He
stated the developer, the citizens, and the City has to come together and make this work
for everyone.
6.B.4. Patrick Halliday, 1071 Delray Lakes Drive, Delray Beach, FL 33444
(speaking on behalf of HPD), thanked the City Commission and everyone for all their
hard work and stated he attended a Palm Beach County Commission meeting this
morning and spoke on behalf of Lake Ida. Mr. Halliday stated it was a wonderful
experience to see that although the County would make money on selling the property
(i.e. taxes and purchase price) that they listened to the citizens and felt that moving
towards saving the green space and giving back to the community was most important.
Mr. Halliday stated he looks forward to coming up with a program to name the park.
6.B.5. Peter Humanik, 704 N.E. 5th Street, Delray Beach, FL 33483, thanked the
City for the power washing of the Atlantic Avenue sidewalks and stated the proration of
the parking is popular.
Secondly, Mr. Humanik stated with respect to the discussion of Atlantic
Crossing at the Planning and Zoning Board meeting and commended the Vice Chair
Chris Davey for voting "no". Mr. Humanik stated 200 people were present at the
Planning and Zoning Board meeting at 10:00 p.m. and 90% were not happy with not
having a street.
6.B.6. Jim Smith, 1225 South Ocean Boulevard, Delray Beach, FL 33483
(Chairman of S.A.F.E.), stated it is time for closure for the Atlantic Crossings project
and feels it has dragged on much too long. Mr. Smith stated the developer has been
working on this for 5-6 years and have reached out to every neighborhood and noted that
Palm Tran is getting the street closed; the historic district is getting traffic calming; the
City is receiving $500,000 to redo the Lake Ida park; $150,000 or more for a trolley;
$250,000 for a traffic signal; and a right turn lane. Mr. Smith stated there are no
problems with the Atlantic Crossing site except the ingress/egress from Federal Highway
to their parking lot and back. He stated that street will function just the way that it used
to function to get people in and to get people out.
6.B.7. Pauline Moody, 609 S.W. 8th Avenue, Delray Beach, FL 33444, stated
she submitted the Police report for the last incident at the Caring Kitchen and entered the
"No Contact Order".
Secondly, Ms. Moody commented about the Atlantic Crossing project and
stated that there is no money in the budget for the maintenance upkeep in the downtown
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area. She asked why the City is allowing developers to build projects yet there is no
money for the maintenance upkeep once these projects are built. Ms. Moody stated the
City cannot keep building downtown because there are not adequate roads to get to what
is being built. She urged the Commission to place a moratorium on all this development.
6.11.8. Ron Nobili, 159 Marine Way, Boat Slip #15, Delray Beach, FL 33444,
extended his condolences to Mayor Glickstein on the passing of his father and read a
brief statement into the record.
6.A. None
7. AGENDA APPROVAL.
The City Manager stated Item 8.C., Resolution 19-15/Local Agency
Program (LAP) Supplemental Agreement with Florida Department of
Transportation (FDOT)/Fedeal Highway Beautification Project which refers to
$70,940.00; however, in the backup memo page 1, paragraph 4 has $70,490.00.
Secondly, the City Attorney requested that the Commission defer Item
10.A., Ordinance No. 10-15 Second Reading of the Police ordinance; prior to the
adoption of that ordinance, the City must have and file the actuarial impact statement
with the Division of Retirement that was ordered in early April. The City Attorney stated
it has not become available as of this date, therefore, he requests that the Commission
defer this to a subsequent meeting until they obtain that written report.
Ms. Jarjura requested that Item 8.A., Final Subdivision Plat/150
Oceanside be moved to the Regular Agenda as Item 9.A.A. and Item 8.H., Contract
ExtensionBeek's Towing & Recovery, Inc., be moved to the Regular Agenda,as Item
9.B.B.
Ms. Jarjura moved to approve the Agenda as amended, seconded by Vice
Mayor Petrolia. Upon roll call the Commission voted as follows: Mr. Katz — Yes; Ms.
Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Deputy Vice Mayor
Jacquet — Yes. Said motion passed with a 5 to 0 vote.
8. CONSENT AGENDA: City Manager Recommends Approval.
8_A. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A.A.
8.B. ACCEPTANCE OF RIGHT-OF-WAY DEEDS/DELRAY MODERN,
LLC: Motion to Accept right-of-way deeds for five (5) feet of right-of-way dedication
for the property located at 318-320 N.E. 7"' Avenue and 326-330 N.E. 7ti Avenue.
8.C. RESOLUTION NO. 19-15/LOCAL AGENCY PROGRAM (LAP)
SUPPLEMENTAL AGREEMENT WITH FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT)/ FEDERAL HIGHWAY BEAUTIFICATION
PROJECT: Motion to Approve Resolution No. 19-15, authorizing the increase in
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funding for the Local Agency Program (LAP) Agreement with the State of Florida
Department of Transportation (FDOT) via a supplemental agreement to provide
additional funding in the amount of $70,940.00 for the department's participation in
extension of a bike lane along Northbound Federal Highway and additional traffic related
to Federal Highway Beautification Project (P/N 2009-011).
The caption of Resolution No. 19-15 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA,
AUTHORIZING THE PROPER CITY OFFICIALS TO
INCREASE FUNDING FOR THE LOCAL AGENCY
PROGRAM (LAP) AGREEMENT WITH THE STATE
OF FLORIDA DEPARTMENT OF TRANSPORTATION
VIA A SUPPLEMENTAL AGREEMENT TO PROVIDE
ADDITIONAL FUNDING IN THE AMOUNT OF
$70,940.00 FOR THE DEPARTMENT'S
PARTICIPATION IN EXTENSION OF A BIKE LANE
ALONG NORTHBOUND US 1 AND ADDITIONAL
TRAFFIC SIGNS WITHIN IN THE CITY OF DELRAY
BEACH.
(The official copy of Resolution No. 19-15 is on file in the City
Clerk's office.)
8.1). SIDEWALK IN -LIEU FEE/712 N.E. 3" STREET: Motion to
Approve a request from the property owner of 712 N.E. 3r Street to pay a fee in -lieu of
sidewalk installation.
8_E. CHANGE ORDER NO. 1/ SOUTHEAST GUARDRAIL AND
ATTENUATORS (SGA)BARWICK ROAD GUARDRAIL: Motion to Approve
Change Order No. 1 to Southeast Guardrail and Attenuators in the amount of $5,300.00
via a contract from Palm Beach County (Project No. 2014-051) for the installation of two
(2) additional openings in the Barwick Road Guardrail. This is in compliance with the
Code of Ordinances, Chapter 36, Section 36.06(A)(1), "Change Orders, Beyond the
Scope of Work". Funding is available from 334-3162-541-65.36 (General Construction
Fund: Capital Outlay/ Barwick Road).
8_F. CONTRACT CLOSEOUT (CHANGE ORDER NO. 1/FINAL)
ARBOR TREE & LAND, INC.: Motion to Approve Contract Closeout (Change Order
No. 1/Final) in the amount of $31,836.95 decrease and final payment in the amount of
$4,565.40 to Arbor Tree & Land, Inc. (Bid No. 2014-21) for completion of the Drainage
Swales FY13 Project No. 13-043. This is in compliance with the Code of Ordinances,
Chapter 36, Section 36.06(A)(2), "Change Orders; Within the Scope of Work".
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8.G. CONTRACT CLOSEOUT (CHANGE ORDER NO. IIFINAL) B & B
UNDERGROUND CONTRACTORS, INC.: Motion to Approve Contract Closeout
(Change Order No. 1/Final) in the amount of $727,866.00 decrease and final payment in
the amount of $32,204.62 to B&B Underground Contractors, Inc. (Bid No. 2014-17) for
completion of the Delray Shores Water Main Project No. 13-028. This is in compliance
with the Code of Ordinances, Chapter 36, Section 36.06(A)(2), "Change Orders; Within
the Scope of Work".
8.11. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.B.B.
8.I. MUTUAL AID AGREEMENT/MULTI-AGENCY
TRANSPORTATION THEFT TASK FORCE: Motion to Approve a Mutual Aid
Agreement between the Florida Department of Law Enforcement, Delray Beach Police
Department and multiple agencies throughout Broward, Miami -Dade, and Palm Beach
Counties to combat racketeering activity, theft and related criminal violations.
8.J. PROCLAMATIONS:
1. Florida Water Professionals Month — April 2015
2. Administrative Professionals Week— April 19 — 25, 2015
3. Municipal Clerks Week — May 3-9, 2015
4. National Day of Prayer — May 7, 2015
S.K.. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Motion to Accept the actions and decisions made by the Land Development
Boards for the period March 30, 2015 through April 10, 2015.
8.L. AWARD OF BIDS AND CONTRACTS:
1. Motion to Approve a Bid Award to Image Janitorial Services, Inc.
(Bid No. 2015-13) in the amount of $32,640.00 for janitorial
services at the Municipal Golf Course. This is in compliance with
the Code of Ordinances, Chapter 36, Section 36.02(A), "Sealed
Competitive Method". Funding is available from 445-4711-572-
34.90 (Delray Beach Municipal Golf Course: Other Contractual
Service).
Ms. Jarjura moved to approve the Consent Agenda as amended, seconded
by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Ms. Jarjura —
Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Deputy Vice Mayor Jacquet —
Yes; Mr. Katz — Yes. Said motion passed with a 5 to 0 vote.
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9. REGULAR AGENDA:
9.A.A. FINAL SUBDIVISION PLAT/150 OCEANSIDE: Motion to Approve
The certification of a final subdivision plat for 150 Oceanside, a proposed 6 -unit
townhouse development, located at the southwest corner of Thomas Street and Andrews
Avenue.
Ms. Jarjura stated for a final subdivision plat and the quasi-judicial rules to
be waived and for it to be placed on the Consent Agenda that staff needs an affirmative
statement from the applicant concurring with the staff report.
Richard Jones, speaking on behalf of the applicant, stated the applicant
concurs with any conditions in the staff report with regard to the plat.
The City Attorney stated the Commission can approve subject to receipt of
a signed statement being delivered to the planner.
Ms. Jarjura moved to approve the Final Subdivision Plat for 150
Oceanside, subject to a receipt of a signed statement from the applicant being delivered to
the planner, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as
follows: Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Deputy Vice Mayor
Jacquet— Yes; Mr. Katz —Yes; Ms. Jarjura— Yes. Said motion passed with a 5 to 0 vote.
9.11.11. CONTRACT EXTENSION/BECK'S TOWING & RECOVERY.
INC.: Motion to Approve a six-month contract extension with Beck's Towing &
Recovery, Inc. for wrecker/towing services for the Police Department. Funding is
available from account 001-2115-521-52.23 (General Fund: Police/Law
Enforcement/Operating Supplies/Investigative Expenses).
Ms. Jarjura asked what the projected fiscal year budget will be for fiscal
year 2014/2015 with this ninety (90) day extension.
Kristina Maricic, Administrative Officer/Police Department, stated
according to what the Police Department has currently spent for the six (6) months in the
current fiscal year, she can only estimate that there will not be an increase that will put it
over $25,000. Ms. Maricic stated staff is working on the new RFP for the
wrecker/towing services and they will not know which vendor will bid on that.
Vice Mayor Petrolia commented that this was originally extended for three
(3) months and now staff is requesting to extend this for an additional six (6) months.
Vice Mayor Petrolia inquired about the delay and asked why the City would need an
additional six (6) months to get an RFP out for a towing contract. Ms. Maricic stated the
delay was because of the turnover in staff and because they wanted to include everyone
in the city that is using the towing services. The City Manager stated he believes this
timeframe can be shortened; however, he believes they have asked for six (6) months in
an abundance of caution.
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Deputy Vice Mayor Jacquet moved to approve a six (6) month contract
award extension to Beck's Towing & Recovery, Inc., seconded by Mr. Katz. Upon roll
call the Commission voted as follows: Vice Mayor Petrolia — No; Deputy Vice Mayor
Jacquet — Yes; Mr. Katz — Yes; Ms. Jarjura — No; Mayor Glickstein — Yes. Said motion
passed with a 3 to 2 vote, Vice Mayor Petrolia and Ms. Jarjura dissenting.
9_A. CONSIDERATION OF AN APPEAL/SITE PLAN REVIEW AND
APPEARANCE BOARD'S (SPRAB) DECISION/ THE CARING KITCHEN:
Consider an appeal of a decision of the Site Plan Review and Appearance Board's
approval of the Class III site plan modification for The Caring Kitchen located at 196
N.W. 8a' Avenue. (Quasi -Judicial Hearing)
Mayor Glickstein read the City of Delray Beach Quasi -Judicial rules into
the record for this item and all subsequent Quasi -Judicial items.
Chevelle Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item and all subsequent Quasi -Judicial items.
Mayor Glickstein asked the Commission to disclose their ex parte
communications. Mr. Katz stated he has the same ex parte communications he disclosed
previously when the Caring Kitchen was before the City Commission for discussion and
he spoke to the applicant as well as the appellant. Ms. Jarjura stated she has the same ex
parte communications she disclosed previously when the Caring Kitchen was before the
City Commission and she also spoke to Reggie Cox, Jocelyn Patrick, City staff, and she
received an email from the Caring Kitchen this week. Mayor Glickstein stated he has the
same ex parte communications he disclosed previously when the Caring Kitchen was
before the City Commission for discussion, and he received a few emails from the Caring
Kitchen and Mr. Reggie Cox. Vice Mayor Petrolia stated she has the same ex parte
communications she disclosed when the Caring Kitchen was previously before the City
Commission in addition to Mr. Reggie Cox. Deputy Vice Mayor Jacquet stated he has
the same ex parte communications he disclosed previously when the Caring Kitchen was
before the City Commission for discussion.
Mark McDonnell, Assistant Planning Director, entered the Planning and
Zoning Department project file #2014-215 into the record.
Mr. McDonnell presented this item to the Commission.
Mayor Glickstein stated if anyone from the public would like to give
testimony on this item, to come forward at this time.
The following individuals from the public gave a few brief comments:
Marie Washington, Deborah Wright, Shirley Johnson, Pame Williams,
Reggie Cox, Chuck Ridley, Ruth McGuerrier, Pauline Moody, and Maxine Dupont.
There being no one else from the public who wished to give testimony on
this item, the public comment was closed.
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Juanita Bryant, Director of the Caring Kitchen, stated they are going to
withdraw the application because they want to work with the task force to come up with a
resolution.
After lengthy discussion, Mayor Glickstein stated he supports the idea of a
task force moving forward so that when the facility study is ready or when there is some
preliminary information, they can see about relocating the Caring Kitchen. Mayor
Glickstein stated by everyone working together, they can help to find a solution for the
relocation of the Caring Kitchen where it is further removed from the impacts that it has
on families, children, schools, and people who are in single-family home communities
that move there with a an expectation of quiet enjoyment of their neighborhoods.
No action taken; the applicant withdrew their application because they
would like to work with the task force to come to a resolution.
At this point, Ms. Jarjura complimented the City Manager and staff on his
memorandum and staff report.
9_B. TEMPORARY USE PERMIT AND WAIVER FOR A MODULAR
KITCHEN/ HARBOUR'S EDGE: Consider approval of a request for waiver to Land
Development Regulations Section (LDR) 2.4.6(F), "Procedures for Obtaining Permits
and Approvals", and a temporary use permit to allow a modular kitchen during building
renovations for Harbour's Edge located at 401 East Linton Boulevard. (Quasi -Judicial
Hearing)
Mayor Glickstein asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose.
Mark McDonnell, Assistant Director of Planning and Zoning, entered the
Planning and Zoning Department project file #2015-124 into the record and gave a brief
presentation. The site plan was reviewed by SPRAB staff recommends approval subject
to the conditions listed in the staff report.
Richard Jones, Applicant, gave a brief presentation.
Todd Anthony, 401 East Linton Boulevard, Delray Beach, FL
(Architect), speaking on behalf of their client Lifespace Communities, Inc. and Harbours
Edge, stated the temporary kitchen trailer is for the residents of both the north and south
tower (independent living residence) which will be on site approximately 6-8 months and
is completely enclosed and not visible from any of the public right-of-ways.
Mayor Glickstein stated if anyone from the public would like to speak in
favor or in opposition of this item, to come forward at this time. There being no one from
the public who wished to address the Commission, the public comment was closed.
There was no cross-examination or rebuttal.
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The City Attorney briefly reviewed the Board Order with the
Commission who made findings according to their consensus (attached hereto is a copy
and made an official part of the minutes).
Mr. Katz moved to adopt Board Order, seconded by Ms. Jarjura. Upon
roll call the Commission voted as follows: Deputy Vice Mayor Jacquet — Yes; Mr. Katz
— Yes; Ms. Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes. Said
motion passed with a 5 to 0 vote.
9.C. CONDITIONAL USE REQUESTS FOR HEIGHF AND DE1VSITY
AND ONE BEDROOM UNIT MIX WAIVER FOR THE METROPOLITAN AND
WAIVER REQUEST: Consider approval of a conditional use request to allow an
increase in density in excess of thirty (30) units per acre (51.67 units per acre proposed)
and to allow the building height to exceed 48 feet (57' proposed); and a waiver request to
Land Development Regulations (LDR) Section 4.7.9(i), "General Provisions", to allow
an increase in the percentage of one -bedroom units from the maximum allowed 30% to
up to 50% for The Metropolitan, a proposed mixed-use development located at the
northeast corner of S.E. P Avenue and S.E. 1St Street. (Quasi -Judicial Hearing)
Mayor Glickstein asked the Commission to disclose their ex parte
communications. Mr. Katz stated he met with the applicant and his representatives. Ms.
Jarjura stated she had a conference call with the applicant and his representatives and
staff. Ms. Jarjum noted anything else is on the City's server. Mayor Glickstein stated he
received an email from the applicant's attorney. Vice Mayor Petrolia stated she met with
the applicant and their representatives. Deputy Vice Mayor Jacquet stated he met with
the applicant and his representative's attorney.
Mark McDonnell, Assistant Director of Planning and Zoning, entered the
Planning and Zoning Department project file #2014-250 into the record. For the record,
Mr. McDonnell stated this development application was submitted prior to this
Commission's establishment of "zoning in progress" that was in place while the new
development regulations were being processed for the Central Business District (CBD).
Therefore, Mr. McDonnell stated this proposal was reviewed in accordance with the
regulations that were in place at that time. Mr. McDonnell gave a brief presentation.
Staff recommends approval of height and density and stated with respect to the
conditional use for height (condition #1.a.) the applicant may discuss in greater detail
how they plan to meet their workforce housing requirement for this development.
Richard Jones, Richard Jones Architecture, Applicant, gave a brief
presentation and stated they are being reviewed under the applicable LDRs in effect on
September 19, 2014. Mr. Jones stated this is the last residential conditional use request
for height and density in the downtown core. Mr. Jones stated the conditional use for
increased density from thirty (30) units to the acre to 51.6 units to the acre will result in
21 additional "for sale" condo units; the conditional use for height will result in 57 feet
tall structure where structures of 48 to 60 feet are considered under the LDRs in affect at
the time of this submission.
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Henry Handler, Weiss, Handler and Cornwell, P.A., 2255 Glades
Road, Boca Raton, FL 33431, representing the applicant and for the record the
developer preserves its rights under Section 4.7.2.(B) it has a right to build either onsite,
offsite, or to make a monetary contribution in -lieu. Mr. Handler stated their suggestion
with regard to the mix LDR Section 4.7.9(C) "the developer shall endeavor to provide
workforce housing units that include unit types in the same proportion." Mr. Handler
stated their proposal to staff was to allocate the five (5) workforce housing (2 would be a
two-bedroom; 2 would be a single bedroom and 1 would be one -bedroom with a den) if
they elect to construct the workforce on-site that would be the configuration.
Mayor Glickstein stated if anyone from the public would like to speak in
favor or in opposition of this item, to come forward at this time.
The following individuals from the public spoke:
Jim Smith, James Quillian, Kevin Warner, Peter DeRosa, Chuck Ridley,
Todd Wilson, a business owner, Arie Whiteman, Dr. Victor Kirson, and Kevin Homer.
There was no cross-examination.
Mr. McDonnell had no rebuttal.
Mr. Jones gave a brief rebuttal.
Brief discussion by the Commission followed.
Mr. Katz stated he likes this project, however, he would like a
commitment on record that some of the workforce housing is going to be provided onsite.
Vice Mayor Petrolia concurs with comments expressed by Mr. Katz. In
her opinion, Vice Mayor Petrolia stated it is not acceptable to allow for additional
increases in density if we are not going to be putting the workforce housing where people
can afford to live that may not be to otherwise. Vice Mayor Petrolia stated when the
Commission was going through the three (3) choices; the option was chosen at the time
of the presentation and that is why there was never a discussion prior to this entire
situation with SOFA and what is about to happen with Atlantic Crossing. Vice Mayor
Petrolia stated she will not approve this unless it is in writing and that in the future she
will not support an agreement unless she knows what option is being exercised tonight.
Deputy Vice Mayor Jacquet stated this is a beautiful project and supports
the density, however, the intent behind the workforce housing rules is to have those
individuals who are Police Officers and teachers to live in that area. Deputy Vice Mayor
Jacquet stated he does not support to build workforce housing off-site nor does he support
a monetary contribution. Deputy Vice Mayor Jacquet expressed concern over the
workforce housing and stated he cannot support this if the applicant cannot make this
work to have those people living in the project.
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Ms. Jarjura briefly highlighted some of the design elements and
complimented the developer and the architect for their work. Ms. Jarjura asked if the
fitness center is private or open to the public. Mr. Jones stated the fitness center will be
open to the public through membership. Ms. Jarjura asked under the old code how many
studios the applicant would be permitted to do. Mr. Jones stated under the old code it
was one -bedroom studios aggregate combined; there was no distinction. Ms. Jarjura
stated from a national perspective it is better to have workforce housing units mixed in
with regularly priced market units because you want to create mixed income household
areas. Ms. Jarjura stated this was something that the Commission was offering to the
developers at their option and she stated there is language missing from the Code as to
when this requirement should be committed to and is it at the time of conditional use
approval or development entitlement approval. With respect to workforce housing, Ms.
Jarjura stated that the condo association fees could make or break whether or not
someone could live there. Ms. Jarjura stated these are larger policy decisions that the
Commission needs to discuss.
Mayor Glickstein stated the City is required to add the workforce
component if an applicant requested additional height or density. Ms. Jarjura suggested
that the Commission also discuss why the City does not require the workforce component
for regular site plan approvals because she feels the City is now losing a significant
mechanism for the City to provide for mixed income housing opportunities for the CBD.
Mayor Glickstein concurs with his colleagues that this project is well
thought out. Mayor Glickstein stated coming before the Commission next week is going
to be the second part of the LDR work that Treasure Coast was doing that the City is also
requiring architectural authenticity. Mayor Glickstein stated he supports the conditional
use and asked that Mr. Jones speak with SPRAB. Mayor Glickstein stated SPRAB likes
the art deco brand, however, SPRAB wanted to see it carried out throughout the building.
Mayor Glickstein commented about workforce housing (basic fundamental information)
and stated this should be a cumulative running total with every staff report because it is
critical to the decision making body.
Mr. Handler stated they are unable to make a commitment that diverges
from the language of LDR Section 4.7.2(B) of the City Code that allows the developer to
meet the requirement at his election pursuant to other provisions of the Code. In
addition, Mr. Handler stated it is unlike City's Code provision LDR Section 2.4.5(1) that
with respect to an option on parking, in -lieu of parking or public parking fee requests,
that has to be approved at the City Commission level and therefore there is no option
available to the developer in the approval process. Mr. Handler stated the City
Commission is taking away what is preserved in the Code which is an "election" for the
developer to make which has been historically been made by other projects under the
prior Code and economic reasons.
The City Attorney stated he does not agree with Mr. Handler's position.
Brief discussion between the City Attorney and the Commission followed.
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Vice Mayor Petrolia stated she did not know that this option was
extending beyond what was given to the Commission as a presentation. Vice Mayor
Petrolia stated if the applicant can assure that there will be workforce housing (five units)
in this building then the Commission should not approve this.
Brief discussion by the City Commission continued.
At this point, the time being 8:55 p.m., Mr. Handler requested a five
minute recess to discuss with the City Commission.
At this point, the time being 9:06 p.m., the City Commission reconvened
the meeting.
For clarification, Mr. Handler asked if his client is being asked to make a
definitive decision right now as to whether or not workforce housing will be included as a
condition on the property or not.
The City Attorney stated Mr. Handler asked for a five minute recess as a
result of the City Commission's discussion; that recess was granted and the City
Commission has now reconvened.
Chevelle Nubin, City Clerk, swore in Ms. Evelyn Dobson with the Delray
Beach Community Land Trust (DBCLT).
Evelyn Dobson, Delray Beach Community Land Trust (DBCLT)
stated the original intent of the workforce housing was to stabilize the housing and other
areas of Delray Beach (northeast section, southeast section southwest, and northwest
section). Ms. Dobson stated if a developer chose not to provide the workforce housing
unit because he wanted to benefit from his profit, he could elect to contribute the money
to the CDC or the CLT to build a single family home off-site. Ms. Dobson stated the
monies would be in a revolving pool once the home was sold and another home was
built. Or, the developer could use his own land elsewhere to provide single family homes
for sale.
Mayor Glickstein asked if the CLT has seen any of the money. The City
Manager stated he would have to research to see if the money has been disbursed over the
last two (2) years.
After a brief discussion, Mr. Handler stated he is prepared to offer as a
condition of approval to construct five (5) single family units off-site or six (6) in a
combined multi -family unit under the Code and they will not take the election of paying
money.
The City Commission agreed that their preference would be the
construction of five (5) single family units off-site.
The City Attorney stated the applicant would have to commit to
minimum criteria of a 3 bedroom/2 bath single family home and proceeds of the sale are
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to be paid to the Delray Beach Community Land Trust (DBCLT) for their affordable
housing purposes. Mr. Handler stated the applicant agrees to five (5) bedroom 3
bedroom 2 bath single family homes.
The City Attorney briefly reviewed the Board Order with the
Commission who made findings according to their consensus (attached hereto is a copy
and made an official part of the minutes).
The City Attorney stated the way to memorialize the workforce housing
obligations is he will prepare a Workforce Housing Covenant which is recorded and has
duration of forty (40) years.
Deputy Vice Mayor Jacquet moved to approve to direct the City Attorney
to prepare a Workforce Housing Covenant in the standard form of the City and in
addition to specifically include a Workforce Housing requirement of five (5) single
family homes having a minimum of three (3) bedroom/two (2) bathroom single family
homes and that the sale proceeds from the homes to be paid at closing to the Delray
Beach Community Land Trust (DBCLT); and, that the developer and the Delray Beach
Community Land Trust (DBCLT) agree to mutually work together to find a suitable
location for the construction of the five (5) homes, seconded by Vice Mayor Petrolia.
Upon roll call the Commission voted as follows: Mr. Katz — No; Ms. Jarjura — Yes;
Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Deputy Vice Mayor Jacquet — Yes.
Said motion passed with a 4 to 1 vote, Mr. Katz dissenting.
9.D. WAIVER REQUEST FOR OVERHEAD DOORS FACING A
RIGHT-OF-WAY FOR JTS WOODWORKING: Consider approval of a waiver to
Land Development Regulations (LDR) Section 4.4.19(H)(3), "Special Regulations",
pertaining to overhead doors facing a right-of-way for JTS Woodworking located at 71
N.W. 18th Avenue. (Quasi -Judicial Hearing)
Mayor Glickstein asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose.
Mark McDonnell, Assistant Director of Planning and Zoning, entered the
Planning and Zoning Department project file #2014-226 into the record.
Troy Ammons, Architect, 1907 N.E. 4th Street, Deerfield Beach, FL,
representing the owner of JTS Woodworking, gave a few brief comments about the
aesthetics of the building.
There was no cross-examination or rebuttal.
Mr. Katz stated having industrial use with a good aesthetic look is going to
help bring more industrial into the area.
Vice Mayor Petrolia stated she is happy with it.
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The City Attorney briefly reviewed the Board Order with the
Commission who made findings according to their consensus (attached hereto is a copy
and made an official part of the minutes).
Mr. Katz moved to adopt the Board Order, seconded by Vice Mayor
Petrolia. Upon roll call the Commission voted as follows: Ms. Jarjura — Yes; Mayor
Glickstein — Yes; Vice Mayor Petrolia — Yes; Deputy Vice Mayor Jacquet — Yes; Mr.
Katz — Yes. Said motion passed with a 5 to 0 vote.
9_E. RATIFICATION OF COLLECTIVE BARGAINING
AGREEMENT/PALM BEACH COUNTY POLICE BENEVOLENT
ASSOCIATION, INC. (PBA): Motion to ratify the Collective Bargaining Agreement
between the City of Delray Beach and the Palm Beach County Police Benevolent
Association, Inc. (PBA) for the period of October 1, 2014 through September 30, 2017.
Shirley McKennon, Director of Human Resources, presented this item to
the Commission and briefly reviewed the highlights of the agreement.
Gary Ferreri, PBA, acknowledged and commended the City Attorney for
his hard work with respect to the negotiations.
Mayor Glickstein commended Mr. Ferreri and the City Attorney for their
efforts
Vice Mayor Petrolia asked how this agreement differs from the agreement
that was ratified on December 23, 2016. Ms. McKennon stated this is for a different
collective bargaining unit (i.e. Police Lieutenants).
Ms. Jarjura moved to approve the Collective Bargaining Agreement
between the City of Delray Beach and the Palm Beach County Police Benevolent
Association, Inc. (PBA) for the period of October 1, 2014 through September 30, 2017,
seconded by Mr. Katz. Upon roll call the Commission voted as follows: Mayor
Glickstein — Yes; Vice Mayor Petrolia — Yes; Deputy Vice Mayor Jacquet — Yes; Mr.
Katz — Yes; Ms. Jarjura — Yes. Said motion passed with a 5 to 0 vote.
9_F. SERVICE AUTHORIZATION NO. 12-07/WANTMAN GROUP,
INC.: Motion to Approve Service Authorization No. 12-07 with Wantman Group, Inc. in
the amount of $65,321.70 to provide professional design services (RFQ No. 2012-06)
related to the Lewis Cove Road Drainage Project No. 14-065. This is in compliance with
the Code of Ordinances, Chapter 36, Section 36.02(C)(3), "Professional Services".
Funding is available from 448-5461-538-31.30 (Storm Water Utility Fund: Professional
Services/Engineering/Architect).
Randal Krejcarek, Director of Environmental Services, presented this item
to the Commission.
Vice Mayor Petrolia moved to approve Service Authorization No. 12-07
with Wantman Group, Inc. in the amount of $65,321.70 for professional design services,
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seconded by Deputy Vice Mayor Jacquet. Upon roll call the Commission voted as
follows: Vice Mayor Petrolia — Yes; Deputy Vice Mayor Jacquet — Yes; Mr. Katz — Yes;
Ms. Jarjura — Yes; Mayor Glickstein — Yes. Said motion passed with a 5 to 0 vote.
9.G. PURCHASE AWARD/SOUTHERN SEWER EQUIPMENT SALES/
SCHWARZE STREET SWEEPER: Motion to Approve the purchase of one Schwarze
Street Sweeper from Southern Sewer Equipment Sales in the amount of $222,605.10
through the Florida Sheriffs Contract No. 14-12-0904. This recommendation is in
compliance with the Code of Ordinances, Chapter 36, Section 36.02(C)(7), "Utilization
of Other Governmental Entities' Contracts". Funding is available from 501-3312-
591.64-20 (Garage Fund: Vehicle Replacement/ Machinery/Equipment/Automotive).
Randal Krejcarek, Director of Environmental Services, presented this item
to the Commission. Mr. Krejcarek stated the City currently has two (2) street sweepers;
one is not working and is not repairable and the other one is reaching the end of its useful
life.
At this point, Ms. Jarjura stated with respect to this item and the next item,
she would prefer in the staff reports from now on when the City is piggybacking that staff
goes through the elements (i.e. 7.A., B, and C) and respond to them. Mr. Krejcarek stated
staff will make sure this is done going forward.
Ms. Jarjura moved to approve the purchase award approve the purchase of
one (1) Schwarze Street Sweeper from Southern Sewer through the Florida Sheriffs
Contract #14-12-0904 in the amount of $222,605.10 in accordance with Code of
Ordinance, Section 36.02, (C) (7) Utilization of Other Governmental Entities Contracts.,
seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows:
Deputy Vice Mayor Jacquet — Yes; Mr. Katz — Yes; Ms. Jarjura — Yes; Mayor Glickstein
— Yes; Vice Mayor Petrolia — Yes. Said motion passed with a 5 to 0 vote.
9.H. PURCHASE AWARD/ STROBES -R -US: Motion to Approve a
purchase award to Strobes -R -Us in the amount of $86,820.00 using Broward Sheriffs
Office Contract No. 13104030, which is effective August 12, 2013 through August 11,
2015 for fourteen (14) vehicles to be equipped for police service. This is in compliance
with the Code of Ordinances, Chapter 36, Section 36.02(C)(7)(a), "Utilization of Other
Governmental Entities' Contracts". Funding is available from account 501-3312-591-
64.20 (Garage Fund: Vehicle Replacements/ Intra -governmental Services/ Machinery/
Equipment/ Automotive).
Randal Krejcarek, Director of Environmental Services, presented this item
to the Commission.
Deputy Vice Mayor Jacquet moved to approve the purchase and
installation of Police Lights and Equipment for fourteen (14) police vehicles, in the
amount of $86,820.00 from Strobes -R -Us through the Broward Sheriffs Contract
#13104030 in accordance with Code of Ordinance, Section 36.02 (C)(7) Utilization of
Other Governmental Entities Contract, seconded by Vice Mayor Petrolia. Upon roll call
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the Commission voted as follows: Mr. Katz — Yes; Ms. Jarjura — Yes; Mayor Glickstein
— Yes; Vice Mayor Petrolia — Yes; Deputy Vice Mayor Jacquet — Yes. Said motion
passed with a 5 to 0 vote.
9_I. RETROACTIVE APPROVAL OF SPECIALIZED WATER
TREATMENT PLANT SPENDING GREATER THAN $25.000.00 AND
ADVANCED AUTHORIZATION OF FUTURE SPENDING LIMIT: Motion to
Approve retroactive acquisitions of repairs and maintenance to specialty equipment at the
City's water treatment plant from Southland Controls, Inc. in the amount of $38,746.02;
and motion to approve advanced FY 2015 expenditures not to exceed $65,000.00 with
Southland Controls, Inc. and Water Treatment and Controls, Co. for work related to
repairs and maintenance to specialty equipment at the Water Treatment Plant. This
recommendation is in compliance with the Code of Ordinances, Chapter 36, Section
36.03(B), "Multiple Acquisitions from Vendor Exceeding Twenty -Five Thousand Dollars
($25,000.00)in Any Fiscal Year".
Randal Krejcarek, Director of Environmental Services, presented this item
to the Commission.
Vice Mayor Petrolia moved to approve in advance FY 2015 acquisitions
of repairs and maintenance to specialty equipment at the City's water treatment plant
from Southland Controls, Inc. and Water Treatment and Controls Co. so that total fiscal
year spending will not exceed $65,000, and further finds that such acquisitions are in
compliance with code section 36.03(B) Multiple acquisitions from vendor exceeding
$25,000 in any Fiscal Year, provided that each transaction meets all other applicable
provisions of the code including separate Commission approval for any individual
transaction at $25,000 or above, seconded by Deputy Vice Mayor Jacquet. Upon roll call
the Commission voted as follows: Ms. Jarjura — Yes; Mayor Glickstein — Yes; Vice
Mayor Petrolia — Yes; Deputy Vice Mayor Jacquet — Yes; Mr. Katz — Yes. Said motion
passed with a 5 to 0 vote.
9_J. RETROACTIVE APPROVAL OF AGREEMENT/COMMUNITY
CHILD CARE CENTER OF DELRAY BEACH/OUT-OF SCHOOL PROGRAMS
AT VILLAGE ACADEMY AND PINE GROVE ELEMENTARY SCHOOL:
Motion for Retroactive Approval of the agreement with Community Child Care Center of
Delray Beach, Inc., for funding and operating the Out -of -School Services Programs at
Village Academy and Pine Grove Elementary School; and consider approval of the Grant
Agreement with Community Child Care Center of Delray Beach, Inc. for Out -of -School
Services Programs at Village Academy and Pine Grove Elementary School.
Janet Meeks, Education Coordinator, presented this item to the
Commission.
Mayor Glickstein commended Stephanie and Janet for the great job they
are doing with these programs.
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Ms. Meeks stated for Pine Grove Elementary they started with a summer
camp program and it is now a year-round program with approximately 250 students being
serviced and this would be the first summer for Orchard View Elementary.
Vice Mayor Petrolia asked if there was any funding given to the City from
SWS (new trash/waste hauler). Michael Coleman, Director of Community Improvement,
stated SWS made a pledge of $2,500 for the Washington trip for Pine Grove Elementary
School which will go into effect June 1't.
t.
Mr. Jarjura commended the Achievement Center for the services it
provides (i.e. before care/after care facility, services they provide to parents in terms of
education, etc.) stated she supports the expansion of it.
Ms. Jarjura moved to approve the Funding Agreement between the City of
Delray Beach and the Community Child Care Center of Delray Beach, Inc., for Out -of -
School Services Programs at Pine Grove Elementary, seconded by Mr. Katz. Upon roll
call the Commission voted as follows: Mayor Glickstein — Yes; Vice Mayor Petrolia —
Yes; Deputy Vice Mayor Jacquet — Yes; Mr. Katz — Yes; Ms. Jarjura — Yes. Said motion
passed with a 5 to 0 vote.
9.K. WORKFORCE HOUSING COVENANT BETWEEN THE CITY OF
DELRAY BEACH, CDS DELRAY REDEVELOPMENT, LLC, CDR ATLANTIC
PLAZA, LTD, AND CDS FREECORE LLC. FOR ATLANTIC CROSSING:
Motion to Approve a Workforce Housing Covenant between the City of Delray Beach
and CDS Delray Redevelopment, LLC, CDR Atlantic Plaza, LTD, and CDS Freecore
LLC., pursuant to the requirements under Section 4.7 of the Land Development
Regulations.
Michael Coleman, Director of Community Improvement, presented this
item to the Commission and stated Atlantic Crossing is looking for approval for twenty-
five (25) units under the workforce housing covenant. Mr. Coleman explained that there
are three (3) options: (1) on-site, (2) off-site, and (3) monetary contribution and they
chose nineteen (19) units on-site all rentals, six (6) units they would like to make a
monetary contribution of $960,000.00 ($160,000.00 per unit), and within the units on-site
they are looking to build seven (7) two-bedroom units and twelve (12) one -bedroom
units. The units will be disbursed throughout the on-site property.
At this point, Mayor Glickstein stated for the next meeting he requested
that the City Manager provide to the Commission a summary on every project that
received conditional use approval; and, if there was not workforce housing built on site,
he would like to see an accounting of that funding from approval to date for the last ten
(10) years.
Mr. Katz expressed concern why this is coming before the City
Commission now and not with the development agreement later. The City Attorney
stated the Workforce Housing Covenant is a requirement of the site plan certification.
Mr. Katz stated nowhere he has seen where the City Commission has approved giving
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away that tract where the workforce housing was approved is the current plan which is on
the City's website which shows Atlantic Court in there. Mr. Katz stated he is
uncomfortable approving the map because he has only seen SPRAB approve it, but it is
his understanding that the City Commission has never voted to approve a site plan that
looks like the site plan before them now. Mr. Katz stated on November 2013 the motion
was to deny. Mr. Katz stated the plat shows a street there and now there is not a street.
Therefore, Mr. Katz expressed concern that the City approves this tonight, are they
conveying that street right now. Mr. Katz stated he does not believe the City has
conveyed that land without any compensation (even accidentally) he feels they should fix
that possible mistake; he suggested that the City obtain outside counsel.
Mayor Glickstein asked if the workforce housing approval can be
bifurcated from the site plan. The City Attorney stated the way to correct this to replace
the site plan with a legal description (i.e. a boundary survey/the four corners of that
property). Mr. Katz stated he would support this.
The City Attorney stated the workforce housing was initially approved in
connection with the conditional use modification request.
Brief discussion between the City Attorney and the City Cornmission
ensued.
Vice Mayor Petrolia asked why this is coming before the City
Commission now.
The City Attorney stated this is a condition of site plan certification and
the developer is trying to satisfy its requirements so that it can move forward with the site
plan certification. The City Attorney stated this is a covenant requiring workforce
housing and it can be made neutral with respect to the issue of the abandonment of the
road (Atlantic Court) by providing a generic legal description of the development.
Vice Mayor Petrolia stated she supports obtaining outside counsel opinion
and have it looked at before the City Commission starts signing more documents.
The City Attorney suggested that the City Commission move approval of
the Workforce Housing Covenant but specifically reserve any rights they may have with
respect to the site plan approval process and that by approving this Workforce Housing
Covenant the City Commission is not waiving their right to assert whatever rights they
may have with respect to the prior site plan approval.
Mayor Glickstein stated it is not tied to this site plan but it is tied to
whatever density was approved in that conditional use and it is tied to the four corners of
the property; it is not tied to any specific site plan; and, that the City is not waiving any
rights it may otherwise have in contesting the existing site plan when it comes before the
City Commission in connection with a final plat.
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Deputy Vice Mayor Jacquet moved to table Item 9.K until after the next
item, seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows:
Vice Mayor Petrolia — Yes; Deputy Vice Mayor Jacquet — Yes; Mr. Katz — Yes; Ms.
Jarjura — Yes; Mayor Glickstein — Yes. Said motion passed with a 5 to 0 vote.
9.L. DISCUSSION REGARDING THE POLICE ADVISORY BOARD:
Staff will discuss the history and future direction of the Police Advisory Board.
Jeffrey Goldman, Police Chief, presented this item to the Commission and
provided a brief overview of the history of the Police Advisory Board (PAB).
After brief discussion, it was the consensus of the City Commission to
continue with the board and give Chief Goldman direction to rewrite the qualifications of
the board members to serve on the Police Advisory Board and have a reach out to
different parts of the community so that the City is geographically represented.
Mr. Katz moved to approve the Workforce Housing Covenant, replacing
Exhibit "A" with a written legal description of the development (no site plan no sketch);
the approval by the City specifically reserves any rights the City may have with respect to
site plan certification and the prior site plan approval; and, approval of this Workforce
Housing Covenant shall not be construed as a waiver of any rights of the City, that the
Workforce Housing obligations shall be as stated in the Workforce Housing Covenant or
alternatively in the event the developer either elects to or is required to proceed with the
previously approved site plan, in such event the developer shall provide the same
proportion of workforce housing units pursuant to the LDRs (Land Development
Regulations), seconded by Ms. Jarjura. Upon roll call the Commission voted as follows:
Deputy Vice Mayor Jacquet — Yes; Mr. Katz — Yes; Ms. Jarjura — Yes; Mr. Katz — Yes;
Ms. Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — No. Said motion
passed with a 4 to 1 vote, Vice Mayor Petrolia dissenting.
At this point, the time being 10:27 p.m., the Commission returned to Item
9.K.
Mr. Katz moved to approve the Workforce Housing Covenant, replacing
Exhibit "A" with a written legal description of the development (no site plan no sketch);
the approval by the City specifically reserves any rights the City may have with respect to
site plan certification and the prior site plan approval; and, approval of this Workforce
Housing Covenant shall not be construed as a waiver of any rights of the City, that the
Workforce Housing obligations shall be as stated in the Workforce Housing Covenant or
alternatively in the event the developer either elects to or is required to proceed with the
previously approved site plan, in such event the developer shall provide the same
proportion of workforce housing units pursuant to the LDRs, seconded by Ms. Jarjura.
Upon roll call the Commission voted as follows: Deputy Vice Mayor Jacquet — Yes; Mr.
Katz — Yes; Ms. Jarjura — Yes; Mr. Katz — Yes; Ms. Jarjura — Yes; Mayor Glickstein —
Yes; Vice Mayor Petrolia — No. Said motion passed with a 4 to 1 vote, Vice Mayor
Petrolia dissenting.
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10. PUBLIC HEARINGS:
10_A. THIS ITEM HAS BEEN DEFERRED.
11. FIRST READINGS:
11_A. ORDINANCE NO. 11-15 (FIRST READING): Motion to Approve an
amendment to Chapter 36, "Acquisition of Goods and Services and Disposal Of City
Property'; amending Section 36.02, "Method of Acquisition," Subsection (A), "Sealed
Competitive Method'; Creating Section 36.14, "Local Business Preference'; Establishing
a Local Business Preference In The Acquisition of Goods And Services; Providing
Definitions and Certification Requirements for same; Providing for Exclusions from and
Waiver of Local Business Preference; Providing a Saving Clause, a General Repealer
Clause, and an effective date. If passed, a public hearing will be held on May 5, 2015.
office.)
Commission.
The caption of Ordinance No. 11-15 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, FLORIDA, BY
AMENDING CHAPTER 36, "ACQUISITION OF
GOODS AND SERVICES AND DISPOSAL OF CITY
PROPERTY'; AMENDING SECTION 36.02, "METHOD
OF ACQUISITION," SUBSECTION (A), "SEALED
COMPETITIVE METHOD"; CREATING SECTION
36.14, "LOCAL BUSINESS PREFERENCE';
ESTABLISHING A LOCAL BUSINESS PREFERENCE
IN THE ACQUISITION OF GOODS AND SERVICES;
PROVIDING DEFINITIONS AND CERTIFICATION
REQUIREMENTS FOR SAME; PROVIDING FOR
EXCLUSIONS FROM AND WAIVER OF LOCAL
BUSINESS PREFERENCE; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 11-15 is on file in the City Clerk's
The City Attorney read the caption of the ordinance.
Holly Vath, Chief Purchasing Officer, presented this item to the
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Ms. Jarjura stated she applauds this program because when she came into
office it was surprising to her that the City of Delray Beach which has such a strong local
business community did not have a Small Business Preference Program. In addition, Ms.
Jarjura stated in trying to create a minority or woman owned business program there are
certain thresholds to meet by case law under strict scrutiny. She stated WARC has
communicated on February 27, 2015 some recommendations and are providing her with
some examples of other cities and counties that have instituted different ways that we can
encourage and provide economic incentive to our local businesses. Ms. Jarjura stated she
supports this ordinance going forward because she feels this is a landmark ordinance in
the history of this city. However, Ms. Jarjura stated she would like to also direct the City
Manager to do on a more accelerate basis some minor changes or tweaks to internal
processes that do not require a code amendment or an ordinance that would also further
the encouragement of Local Small Business Preference Program. For example, Ms.
Jarjura stated restructuring internal pay processes and practices to expedite timely invoice
approval and to enforce contract provisions that require a contractor to promptly pay their
respective small subcontractors, and developing a structure system of accountability
where it comes to tracking and reporting.
Ms. Vath stated as part of the certification process staff can add a survey
to some of the City's required documents (i.e. quarterly, yearly, or bi-yearly reports) in an
effort to obtain additional data because this would provide certain demographic
information.
Brief discussion followed by Vice Mayor Petrolia and staff regarding the
5% standard.
Vice Mayor Petrolia stated she is happy to see this moving forward and is
in full support inclusive of the addition to internal processes that do not require a code
amendment or an ordinance that would also further the encouragement of Local Small
Business Preference Program (i.e. restructuring internal pay processes and practices to
expedite timely invoice approval/payment and to enforce contract provisions that require
a contractor to promptly pay their respective small subcontractors), and data collection
and developing a structure system of accountability where it comes to tracking and
reporting.
After brief discussion, it was the consensus of the Commission
restructuring internal pay process and the data collection.
Mayor Glickstein commended Commissioner Jarjura for championing this
issue from the start through fruition.
Ms. Jarjura moved to approve Ordinance No. 11-15, seconded by Vice
Mayor Petrolia. Upon roll call the Commission voted as follows: Mr. Katz — Yes; Ms.
Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Deputy Vice Mayor
Jacquet — Yes. Said motion passed with a 5 to 0 vote.
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12. COMMENTS AND INQUIRIES ON NON -AGENDA ITEMS.
12.A. City Manager
None.
12.B. City Attorney
The City Attorney stated he would like to bring a subsequent agenda item
with respect to this issue of special counsel on Atlantic Crossing and the status on the
Atlantic Avenue core. The City Attorney stated this issue has become volatile and
controversial this issue has become and by obtaining and outside opinion it might take a
volatile situation and it may help the situation. The City Attorney stated for the next
meeting he can frame the legal question that the City Commission would ask counsel and
that the question be done as a fixed fee basis. The City Attorney stated he is prepared to
recommend to the City Commission several counsel that have that expertise in land use
and could render that opinion and the City Charter provides that the City Commission
select that counsel.
Mayor Glickstein stated he supports special counsel for the Atlantic
Crossing project for the reasons stated by the City Attorney. In addition, Mayor
Glickstein stated he finds it appalling the way that the public has maligned the City
Attorney's character because they have a difference of opinion.
Ms. Jarjura stated at first she was not in support of it because she felt that
it was opinion shopping and noted that the City Attorney was not part of this city when
this project came aboard and some of the allegations that are being lodged against him
when he was not here when the site plan was approved. Deputy Vice Mayor Jarjura
stated if the City Commission is going to move forward with an opinion letter she would
hope that the City would seek a land use counsel and to render an opinion she also would
like a flat fee because she does not want this to go on forever or be a huge expense.
Mayor Glickstein suggested narrowing the scope to a land use litigator not
someone who does rezoning and platting.
For clarification, Mr. Katz stated his request for special counsel is nothing
personal towards the City Attorney but it is just a second opinion.
Mayor Glickstein stated this is more about the steps that were taken, the
disclosures that were made, and the notice that was made and whether there is a
distinction between a public right-of-way and a private road with public access for
purposes of notice and abandonment.
24
04/21/15
Vice Mayor Petrolia stated she too supports the City obtaining special
counsel for the Atlantic Crossing project because she feels it will also provide cover for
this Commission going forward.
The City Attorney stated he will come back to the City Commission with
his proposal and a definitive recommendation at the next meeting.
12.C. City Commission
12.C.1. Deputy Vice Mayor Jacquet
Deputy Vice Mayor Jacquet asked if a Planning and Zoning Director has
been hired yet. The City Manager stated he is in the process of interviewing this week
and if that process goes as expected he hopes to make an offer to somebody on Friday.
Deputy Vice Mayor Jacquet asked how many candidates he is interviewing and if he
interviews them alone. The City Manager stated he has interviewed three (3) candidates
and they have gone through a selection committee.
Ms. Jarjura asked how many candidates applied for the Planning and
Zoning Director position. The City Manager stated there were over 100 which was called
down to 100 and then called to 5 then to 3. The City Manager stated from 5 to 3 for
interview staff did a very active recruitment and tried to get people to apply for the
position.
12.C.2. Vice Mavor Petrolia
Vice Mayor Petrolia stated there are numerous violations throughout the
city that Code Enforcement needs to address immediately. She stated Commissioner
Jarjura discussed at one time that there should be some way that these departments pay
for themselves and Code Enforcement is one of those. Vice Mayor Petrolia reiterated
that Code Enforcement needs to start issuing fines to everyone who is violation because it
is going to pay for the positions.
Secondly, Vice Mayor Petrolia stated with respect to the Police and Fire
Pension Board and the City has the ability to get off the 175/185. She stated the City is
losing money on a daily basis on that board. The City Attorney stated this is a very
technical complex area of law and noted he will ask Mr. Linn for a definitive opinion on
this and that the Commission has it by the next meeting to discuss.
Vice Mayor Petrolia stated she would like to see the garbage cart refund
and some of the developments that have come on board late that also need to be looked
at.
Vice Mayor Petrolia requested that a survey be sent to the residents that
are paying this 1 % to see if they are happy with it or not happy with it.
25
04/21/15
Vice Mayor Petrolia commented about the City Attorney and City
Manager's performance evaluations. The City Attorney stated according to the Rules of
Procedure, the City Attorney's performance evaluation is due in May and the City
Manager's performance evaluation is due on his one year anniversary (Hire Date:
January 5, 2015).
With regard to the decision made at the County Commission meeting
about the Lake Ida parcel, Vice Mayor Petrolia stated the vote was 6 to 1 vote in favor.
Vice Mayor Petrolia stated it is Earth Day tomorrow and she feels it goes in sync with
that. She stated this entire situation that unfolded explains how incredibly special the
people who live here are and noted that people came up and gave money to the City.
Vice Mayor Petrolia stated there is no other city that she knows of with standing room
only at a Planning and Zoning Board meeting that has that kind of passion. She
commented about the letters from the public with personal attacks and stated she agrees
that they are awful. However, Vice Mayor Petrolia stated the people are interested and
passionate so she never takes it personal. She stated these people are very special and it
is not that people do not want the Atlantic Crossing project, they just want the project to
work and they do not want it to ruin this beloved town. Vice Mayor Petrolia stated the
Lake Ida parcel was just one of those situations where it let her know what kind of people
the city has here and she is proud of them.
Lastly, Vice Mayor Petrolia wished the City Clerk a very Happy Birthday.
12.C.3. Commissioner Jariura
Ms. Jarjura stated tomorrow is Earth Day and Mayor Glickstein and Vice
Mayor Petrolia has talked about Styrofoam.
Secondly, Ms. Jarjura commented about the Lake Ida decision and stated
it is a great testament to the positive and amazing people that make up the community.
Furthermore, Ms. Jarjura commended those individuals who spent countless energy and
time advocating for this position and thanked the Palm Beach County Commissioners
who went against contrary to the staff recommendation and supported the City
Commission's request to purchase the property with Mr. Levy and the other residents'
money and Commissioner Fitzpatrick with Boynton Beach.
Ms. Jarjura stated she has discussed with the City Manager about Delray
Beach being a host for a half marathon event here in the city and goes to her previous
comments about rebranding as beyond food and beverage. Ms. Jarjura stated when trying
to attract businesses and families they look at different quality of life. She stated these
regional, statewide and national races bring a different element to the city. Ms. Jarjura
stated to get on the race calendar staff needs to start planning now because it takes
approximately 8-9 months and with the completion of Federal Highway she can envision
utilizing that as part of the track. Ms. Jarjura stated she connected John Morgan with
some national race sponsors that would be interested in potentially looking in Delray
Beach.
26
04/21/15
Ms. Jarjura complimented the Federal Highway Beautification Project and
the trees are impressive.
Lastly, Ms. Jarjura wished the City Clerk a very Happy Birthday.
12.C.4. Commissioner Katz
Commissioner Katz thanked the Woman's Club of Delray Beach for
inviting him to participate in their "Real Men Bake" fundraiser event. He stated yesterday
there were storm warnings and from his understanding the Commission Chambers was
filled with people who are passionate about their city. Commissioner Katz stated this
non-profit event was a success and many people attended.
Secondly, with respect to the Lake Ida parcel and Earth Day,
Commissioner Katz stated the County Commission had the opportunity today to leave a
legacy with Delray Beach. Commissioner Katz stated today he explained to his children
about Earth Day and showed them the Lake Ida parcel that has been saved and the green
space. Commissioner Katz stated it was a teachable moment and tomorrow his son is
going to bring this up on Google maps and show his class. Commissioner Katz thanked
the citizens for showing up in force and showing the County Commission that citizens
want this.
Commissioner Katz stated with the budget process coming up and
evaluations with previous City Manager's a lot of times employees were not being
evaluated so they did not know how to improve, etc. He stated the previous City
Manager was directed to come up with some good evaluation processes for employees.
Commissioner Katz asked if that ever take place and are employees being evaluated on a
regular basis so that they can improve so they can get merit opportunities if applicable for
their position. He asked if can have a form that the Commission can keep so that he can
keep track throughout the year.
For the record, Commissioner Katz gave a brief explanation as to why he
voted "no" on the workforce housing for Item 9.C. (The Metropolitan). He stated
fundamentally the workforce housing system is flawed and he voted against it because
he is not comfortable with not giving those people in the workforce housing that are
single and do not want to have families an option.
Commissioner Katz requested an update from the City Manager with
regard to the Code Enforcement issues in certain areas of the city and whether something
is being done.
With regard to Mayor Glickstein's comments about people that are
passionate and taking things personal, Commissioner Katz stated in his short time in
office he has received has plenty of hate mail because he made a suggestion at the
meeting of March 31, 2015 to explore some annexation areas throughout the city.
27
04/21/15
Commissioner Katz stated he has answered every person that has emailed him whether
negative or positive. He stated the City Commission wants to know if it is a mutually
good benefit for an area to be a part of this city or not. Commissioner Katz stated if
someone is not willing to pay Delray's millage rate then the city either needs to lower the
millage or improve its services. He stated all the negative emails has come from
Kingsland; however, three (3) streets south of Bexley Park has been positive feedback
and feels if the City takes a small tract and it all works out for their mutually benefit, then
that is a good selling point to larger tracts that can help expand the city's base.
Lastly, Commissioner Katz stated he had a request to the Police and Fire
Pension Board. The City Manager stated he is working on this.
12.C.5. Mayor Glickstein
Mayor Glickstein suggested with regard to Commissioner Katz's
comments about the annexation issue that the Commission be cognizant of the choice of
words they are using on the dais.
Secondly, Mayor Glickstein stated he attended the Volunteer Lunch today
and noted the City has over 400 volunteers for the Police Department and feels there is no
reason why the City cannot get 10-15 working for Code Enforcement. Mayor Glickstein
stated they can walk up and down Atlantic Avenue and write violations because what the
City currently has in place is not working. He stated like the procurement issues, Code
Enforcement problems has been festering since the day he got here and there has been
nothing that has changed where we are. Mayor Glickstein stated so many things are not
getting corrected even after the Commission has given direction to do so.
Ms. Jarjura stated even things that the City Commission has articulated as
priorities whether it is historic resources or outdoor dining deviations those are not
getting Code violations.
Mayor Glickstein stated the City passed an ordinance restricting tables and
chairs on Atlantic Avenue and a new restaurant opened directly across the street from
The Office and put tables and chairs across from each other. He expressed concern that it
is everything from landlord tenant permits, sober homes, etc. and emphasized that this
has to be prioritized. The City Manager stated he does not believe the City can put Code
Enforcement on a fee based schedule based upon fines; they can generate revenue but we
cannot budget for it. Mayor Glickstein stated to the Commission goal of diversifying
revenue that is diversifying revenue and solving problems and the City is not doing
either.
Mayor Glickstein stated the City cannot stop commercial trucks on
Atlantic Avenue for the reasons stated; however, the City can keep construction traffic
off that street.
28
04/21/15
Mayor Glickstein stated the workforce housing issue needs to be modified
to be Commission discretion and that the applicant has to commit to one of those three
(3) options and that there is conditional use approval.
Lastly, Mayor Glickstein stated Vice Mayor Petrolia is correct about the
comments and personal attacks from the public directed toward the City Commission;
however, he stated that he takes personal offense when he sees these comments from the
public directed toward City staff and feels it is uncalled-for.
There being no further business, Mayor Glickstein declared the meeting
adjourned at 11:13 p.m.
ATTEST:
YOR
City Clerk
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the Minutes of the Regular City Commission Meeting held
on April 21, 2015, which Minutes were formally approved and adopted by the City
Commission on April 19, 2016.
City Clerk
NOTE TO READER:
If the Minutes you have received are not completed as indicated above, this means they
are not the official Minutes of the City Commission. They will become the official
Minutes only after review and approval which may involve some amendments, additions
or deletions as set forth above.
29
04/21/15
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
WAIVER REQUEST FOR HARBOUR'S EDGE AT 401 EAST LINTON BOULEVARD
I. This waiver request came before the City Commission on April 21, 2015.
2. The Applicant and City staff presented documentary evidence and testimony to
the City Commission pertaining to the waiver requests for Harbour's Edge at 401 E. Linton
Boulevard. All of the evidence is a part of the record in this case. Required findings are made in
accordance with Subsection I.
I. WAIVERS: Pursuant to LDR Section 2.4.7(3)(5), prior to granting a waiver, the
approving body shall make a finding that the granting of the waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of public facilities;
(c) Shall not create an unsafe situation; and,
(d) Does not result in the grant of a special privilege in that the same waiver
would be granted wider similar circumstances on other property for
another applicant or owner.
A. Waiver to LDR Section 2.4.6(F)
Pursuant to LDR Section 2.4.6(F), no temporary use shall be allowed except as provided
in the LDRs. The specific use of a mobile kitchen is not listed as a permitted temporary
use. The applicant is requesting a temporary use kitchen facility for the Harbour's Edge
health care facility through November 15, 2015.
Should the waiver to Section 2.4.6(F) allowing a temporary use kitchen
facility be granted?
Yes 5 No _0
3. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the tune the original development application was submitted and
finds that its determinations set forth in this Order are consistent with the Comprehensive Plan.
City Commission Regular Meeting 04/21/16
Item 9.6.
4. The City Commission finds there is ample and competent substantial evidence to
support its findings in the record submitted and adopts the facts contained in the record including
but not limited to the staff reports, testimony of experts and other competent witnesses
supporting these findings.
5. Based on the entire record before it, the City Commission approves ✓
denies this waiver request.
6. Based on the entire record before it, the City Commission hereby adopts this
Order this 21st day of April 2015, by a vote of 5_in favor and
ATTEST:
Chevelle Nubin, City Clerk
2
City Commission Regular Meeting 04/21/15
Item 9.13.
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
CONDITIONAL USE AND WAIVER REQUEST FOR THE METROPOLITAN
AT THE NORTHEAST CORNER OF SE 3RD AVENUE AND SE IST STREET
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. This conditional use request and waiver request for The Metropolitan
mixed-use development came before the City Commission on April 21, 2015. The
conditional use request is to allow an increase in building height to 57 feet and an
increase in residential density of the project to 51.67 dwelling units per acre. The
waiver request is to allow a 50% one -bedroom unit mix.
2. The City staff and Applicant presented documentary evidence and
testimony to the City Commission pertaining to the conditional use request and the
waiver request for The Metropolitan mixed-use development. All of the evidence is a
part of the record in this case. Required findings are made in accordance with Sections
I and IL
A. CONDITIONAL USE FOR HEIGHT
I. COMPREHENSIVE PLAN
a. Comprehensive Plan — Future Land Use Element Objective A-1: This
objective requires that the property be developed or redeveloped in a manner so that
the future use and intensity is appropriate and complies in terms of soil, topographic,
and other applicable physical considerations, is complimentary to adjacent land uses,
and fulfills remaining land use needs.
City Commission Regular Meeting 94/21/15
Item 9.C.
Is Future Land Use Element Objective A-1 met?
Yes 5 No 0
b. Future Land Use Man: The resulting use of land or structures must be
allowed in the zoning district within which the land is situated and said zoning must be
consistent with the applicable land use designation as shown on the Future Land Use
Map. The subject property has a Future Land Use Map designation of Central Core
(CC) and is zoned Central Business District (CBD).
Is the project's proposed location consistent with the Future Land
Use Map?
Yes 5 No 0
C. Concurrency: Facilities which are provided by, or through, the City shall
be provided to new development concurrent with issuance of a Certificate of
Occupancy. These facilities shall be provided pursuant to levels of service established
within the Comprehensive Plan.
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 with respect to water, sewer,
drainage, streets and traffic, parks, open space, solid waste, and
schools?
Yes 5 No 0
City Commission Regular Meeting 04/21/15
Item 9.C.
d. Consistency: The granting of the conditional use must be consistent with
and further the goals and policies of the Comprehensive Plan.
Are the consistency requirements met?
Yes 5 No 0
II. LDR REQUIREMENTS:
Y a. LDR Section 2.4.5(E) Required Findings (Conditional Usel: Pursuant
to Section 2.4.5(E)(5), in addition to the provisions of Chapter 3, the City Commission
must determine that the conditional use will not:
i. Have a significantly detrimental effect upon the stability of the
neighborhood within which it will be located;
ii. Hinder development or redevelopment of nearby properties.
Are the requirements of LDR section 2.4.5(E)(5) met?
Yes 5 No 0
b. Increase in Height.: Pursuant to LDR Section 4.3.4(J)(4)(b)(i)(9), an
increase to a maximum height of 60' may be approved by the City Commission as a
conditional use for property within the Central Core portion of the CBD (Central
Business District). The City Commission may approve an increase in height to a
maximum height of 60' based upon a finding of compliance with each of the enumerated
criteria listed in LDR section 4.3.4(J)(4)(b)(ii)-(iv), as listed below:
LDR 4.3.4(J)(4)(b)(ii) That the increase in height will not provide for,
nor accommodate, an increase in the floor area (within the structure)
kl
City Commission Regular Meeting 04/21/15
Item 9.C.
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 height 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 height is
only for the added residential use area.
LDR 4.3.4(J)(4)(b)(iii): Workforce housing units, equal to at least
twenty percent (20%) of the residential units on the top floor, shall be
provided within the development onsite, offsite, or through monetary
contributions as referenced in Article 4.7 (fractions shall be rounded up).
The workforce housing units shall be at the low or moderate income levels
and shall comply with other applicable provisions of Article 4.7.
LDR 4.3.4(J)(4)(b)(iv): That the increase in height shall be allowed if
two or more of the following subsections, LDR 4.3.4(J)(iv)(1), (2) or (3),
are met:
(1) 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 liens (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;
4
City Commission Regular Meeting 04/21/15
Item 9.C.
(2) That a minimum of 50% of the ground floor building frontage
consist of nonresidential uses (excluding parking);
(3) That open areas, such as courtyards, plazas, and landscape
setbacks, be provided in order to add interest and provide relief
from the building mass.
Are the requirements of LDR sections 4.3.4(J)(4)(b)(ii)-(iv) met?
Yes 5 No 0
B. CONDITIONAL USE FOR DENSITY
I. COMPREHENSIVE PLAN
a. Comprehensive Plan — Future Land Use Element Obiective A-1: This
objective requires that the property be developed or redeveloped in a manner so that
the future use and intensity is appropriate and complies in terms of soil, topographic,
and other applicable physical considerations, is complimentary to adjacent land uses,
and fulfills remaining land use needs.
Is Future Land Use Element Objective A-1 met?
Yes 5 No 0
b. Future Land Use Map: The resulting use of land or structures must be
allowed in the zoning district within which the land is situated and said zoning must be
consistent with the applicable land use designation as shown on the Future Land Use
5
City Commission Regular Meeting 04/21/15
Item 9.C.
Map. The subject property has a Future Land Use Map designation of Central Core
(CC) and is zoned Central Business District (CBD).
Is the project's proposed location consistent with the Future Land
Use Map?
Yes 5 No 0
C. Concurrency: Facilities which are provided by, or through, the City shall
be provided to new development concurrent with issuance of a Certificate of
Occupancy. These facilities shall be provided pursuant to levels of service established
within the Comprehensive Plan.
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 with respect to water, sewer,
drainage, streets and traffic, parks, open space, solid waste, and
schools?
Yes 5 No 0
City Commission Regular Meeting 04/21/15
Item 9.C.
d. Consistency: The granting of the conditional use must be consistent with
and further the goals and policies of the Comprehensive Plan.
Are the consistency requirements met?
Yes 5 No 0
II. LDR REQUIREMENTS:
a. LDR Section 2.4.5(E) Required Findings (Conditional Use): Pursuant
to Section 2.4.5(E)(5), in addition to the provisions of Chapter 3, the City
Commission must determine that the conditional use will not:
iii. Have a significantly detrimental effect upon the stability of the
neighborhood within which it will be located;
iv. Hinder development or redevelopment of nearby properties.
Are the requirements of LDR section 2.4.5(E)(5) met?
Yes 5 No 0
b. Increase in Density: Pursuant to LDR Section 4.4.13(1), an increase
in density greater than 30 dwelling units per acre may be approved by the City
Commission as a conditional use for property within the Central Core portion of the
CBD, provided that 20% of the residential units above 30 dwelling units per acre in the
commercial core shall be workforce housing units. The workforce housing units shall
be divided between low and moderate income levels and shall be provided either
onsite, offsite or through a monetary contribution.
7
City Commission Regular Meeting 04/21/15
Item 9.C.
The applicable performance standards for development under this section are
met if the standards as described in LDR section 4.4.13(1)(2)(a) -(i), as described below,
are met:
(a) The development offers variation in design to add interest to the
elevations and relief from the building mass.
(b) If the building includes a parking garage as an associated structure
or within the principal building, the garage elevation provides unified
design elements with the main buildingthrough the use of similar building
materials and color, vertical and horizontal elements, and architectural
style.
(c) A number of different unit types, sizes and floor plans are available
within the development. Two and three bedroom units are encouraged, as
are a combination of multi-level units and flats. In projects consisting of
more than twelve (12) dwelling units, the proportion of efficiency or studio
type units may not exceed 25% of the total units.
(d) The project design shall create an overall unified architectural
character and image by the use of common elements between the
building(s), parking lot, and landscaping.
(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.
E
City Commission Regular Meeting 04/21/15
Item 9.C.
(f) The development promotes pedestrian movements by providing
convenient access from the residential units to the public sidewalk system.
(g) The development provides opportunities to share parking,
accessways, driveways, etc., with adjoining properties, or provides
additional parking spaces that may be used by the public.
(h) Projects fronting on Atlantic Avenue, NW/SW 5th Avenue, NE 1st
Street or SE 1 st Street contain nonresidential uses on the ground floor. At
least 75% of the surface area of the front street wall(s) at the ground floor
area 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 areas for pedestrian interaction.
Are the performance standards of LDR sections 4.4.13(I)(2)(a)-(i) met?
Yes 5 No 0
C. WAIVER
Pursuant to LDR Section 2.4.7(6)(5), prior to granting a waiver, the approving body
shall make a finding that the granting of the waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of public facilities;
(c) Shall not create an unsafe situation; and,
X
City Commission Regular Meeting 04/21/15
Item 9.C.
(d) Does not result in the grant of a special privilege in that the same
waiver would be granted under similar circumstances on other
property for another applicant or owner.
A. Waiver to LDR Section 4.7.90)
Pursuant to LDR Section 4.7.9(1), the total number of one bedroom units in any
qualifying project shall not exceed 30% of the total number of units in the project..
The applicant is requesting a waiver to allow an increase in the percentage of
one bedroom units from the 30% maximum allowed to 50%.
Should a waiver to LDR section 4.7.9(1) be granted to allow the
number of one bedroom units equal 50% of the total units of the
project?
Yes 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 and waiver request
were 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 and testimony of experts and
other competent witnesses supporting these findings.
6. Based on the entire record before it, the City Commission approves ✓
denies this conditional use request for increased height.
7. Based on the entire record before it, the City Commission approves ✓
denies this conditional use request for increased density.
10
City Commission Regular Meeting 04/21/15
Item 9.c.
8. Based on the entire record before it, the City Commission approves ✓
denies this waiver request.
9. Based on the entire record before it, the City Commission hereby adopts
this Order this 21st day of April 2015, by a vote of 4 in favor and 1 opposed.
ATTEST:
Chevelle Nubin
City Clerk
11
Cary
City Commission Regular Meeting 04/21/15
Item 9.C.
L:7ahflYW
TO THE CONDITIONAL USE REQUEST FOR THE METROPOLITAN
Conditional Use For Height.,
1. That the applicant submit a revised application for Class V Site Plan approval which at a
minimum addresses the following issue identified in the staff report:
a. That the required number of workforce housing units is noted on the proposed floor
plans and the 50%/50% matching ratio of the market rate to workforce housing units
is met.
Conditional Use For Density:
1. That the applicant submit a revised application for Class V Site Plan approval which is
generally consistent with the conditional use exhibits.
2. That the applicant submit a revised application for Class II Site Plan modification approval
which at a minimum addresses the following issues identified in this staff report:
a. A waiver to LDR Section 4.6.16(H)(3)(d), which requires a minimum five foot (5)
landscape buffer separating a parcel boundary line and a vehicular use area. The
applicant proposes to provide a three foot (T) landscape buffer at the south property
line, which is two feet (2) less than the minimum requirement.
3. Verification from the Palm Beach County School District that the revised project containing
48 units will meet school concurrency.
12
City Commission Regular Meeting 04/21/15
Item 9.C.
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
ORDER OF THE CITY COMM MSION
OF THE CITY OF DELRAY BEACH, FLORIDA
WAIVER REQUEST FOR TIS WOODWORKING AT 71 NW 10 AVENUE
This waiver request came before the City Commission on April 21, 2015.
2. The Applicant and City staff presented documentary evidence and testimony to
the City Commission pertaining to the waiver requests for ITS Woodworking at 71 NW 18a`
Avenue. All of the evidence is a part of the record in this case. Required findings are made in
accordance with Subsection I.
L WAIVERS: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the
approving body shall make a finding that the granting of the waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of public facilities;
(c) Shall not create an unsafe situation; and,
(d) Does not result in thea ant of a special privilege in that the same waiver
would be granted under similar circumstances on other property for
another applicant or owner..
A. Waiver to LDR Section 4.4.19(H)(3)
Pursuant to LDR Section 4.4.19(H)(3), in the MIC (Mixed Industrial and
Commercial) zoning district, overhead doors shall be prohibited from facing a
public right-of-way. The applicant is requesting an overhead door on the
northwest side of the building that is facing the NW 18"` Avenue right-of-way.
Should the waiver to Section 4.4.19(H)(3) allowing an overhead door that
faces a public right-of-way be granted?
Yes 5 No 0
3. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the original development application was submitted and
finds that its determinations set forth in this Order are consistent with the Comprehensive Plan.
City Commission Regular Meeting 04/21/15
Item 9A.
4. The City Commission finds there is ample and competent substantial evidence to
support its findings in the record submitted and adopts the facts contained in the record including
but not limited to the staff reports, testimony of experts and other competent witnesses
supporting these findings.
5. Based on the entire record before it, the City Commission approves ✓
denies this waiver request.
6. Based on the entire record before it, the City Commission hereby adopts this
Order this 21 st day of April 2015, by a vote of _5_in favor and s
ATTEST: Ca i e
or
ry �.
Chevelle Nubin, City Clerk
2
City Commission Regular Meeting 04/21/15
Item 9.D.