03-03-15 City Commission Regular Meeting MinutesMARCH 3.2015
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, March 3, 2015.
1. Roll call showed:
Present- Vice Mayor Shelly Petrolia
Commissioner Alson Jacquet
Commissioner Adam Frankel
Deputy Vice Mayor Jordana Jarjura
Mayor Cary Glickstein
Absent- None
Also present were - Donald Cooper, City Manager
Noel Pfeffer, City Attorney
Chevelle D. Nubin, City Clerk
2. No reverend was present to give the invocation.
3. The Pledge of Allegiance to the flag of the United States of America was
given.
4. APPROVAL OF MINUTES:
Vice Mayor Petrolia moved to approve the Minutes of the Regular
Meeting of July 15, 2014, seconded by Deputy Vice Mayor Jarjura. Upon roll call the
Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Deputy Vice
Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes. Said motion
passed with a 5 to 0 vote.
Vice Mayor Petrolia moved to approve the Minutes of the Regular
Meeting of September 4, 2014, seconded by Deputy Vice Mayor Jarjura. Upon roll call
the Commission voted as follows: Mr. Frankel — Yes; Deputy Vice Mayor Jarjura — Yes;
Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Mr. Jacquet — Yes. Said motion
passed with a 5 to 0 vote.
Mr. Frankel moved to approve the Minutes of the Regular Meeting of
September 16, 2014, seconded by Vice Mayor Petrolia. Upon roll call the Commission
voted as follows: Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice
Mayor Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a
5 to 0 vote.
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Vice Mayor Petrolia moved to approve the Minutes of the Regular
Meeting of October 7, 2014, seconded by Mr. Frankel. Upon roll call the Commission
voted as follows: Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Mr. Jacquet —
Yes; Mr. Frankel — Yes; Deputy Vice Mayor Jar ura — Yes. Said motion passed with a 5
to 0 vote.
5. PRESENTATIONS:
5.A. Presentation of Sponsorship Trophy for ATP Delrav Beach Open by
the Venetian Las Vegas — Mark Baron
Mark Baron, Tournament Director of the Delray Beach Open, thanked the
City of Delray Beach for the sponsorship and presented the sponsor trophy to Mayor
Glickstein. Mr. Baron thanked City staff including the maintenance division, electricians,
and the pros at the clubhouse for their assistance. Mr. Baron stated they have
approximately 450 volunteers plus the City employees that are involved in the event and
it could not have been done without the help of all of these people.
Mr. Baron thanked Mayor Glickstein and Deputy Vice Mayor Jarjura for
attending the presentation and the tournament received comments from all over the world
about the event.
6. At this point, the Commission moved to Comments and Inquiries on
Agenda and Non -Agenda Items from the City Manager and the Public Immediately
Following Presentations.
6.A. City Manager's response to prior public comments and inquiries.
With regard to a previous comment expressed by Ronald Gilinsky
concerning left turns, the City Manager stated the City is prepared to implement "No Left
Turns" from Swinton Avenue to Federal Highway in March or early April 2014. The
City Manager suggested that the City Commission place this issue on a Workshop
meeting because there is going to be some inconvenience to the traveling public both
when the signs are installed and as people get trained to the process. The City Manager
stated for a short term it will heighten some of the pedestrian vehicle conflicts as it
applies to right turns and there will be a change in traffic patterns as a result. Mayor
Glickstein asked that the City Manager bring this concern up during City Manager
comments at the end of the meeting to see what kind of consensus there is to place this
item on a Workshop meeting.
Secondly, the City Manager requested to remove Item 9.J., Resolution
No. 16-15/Sister Cities Haiti and reschedule for the regular meeting of March 31, 2015.
Commissioner Jacquet explained that this item will be removed.
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With regard to the beach parking, the City Manager stated he hopes to
bring the parking issues to the City Commission in the second quarter of this calendar
year and would defer making any comments until that is dealt with at that time.
At this point, Mr. Jacquet explained to the audience in Creole about the
removal of Item 9.J.
613. From the Public.
6.B.1. Jim Smith, 1225 South Ocean Boulevard, Delray Beach, FL 33483,
stated if the City Commission decides to prohibit a left-hand turn on Atlantic Avenue
there is something that can be done to improve traffic flow and pedestrian safety. Mr.
Smith suggested that a sign be erected facing west alerting drivers that a pedestrian
priority zone lays ahead. In addition, Mr. Smith stated since it is too far a distance
between 2„ d and 4th Avenue (90 yards) a pedestrian activated signal should be installed
with LED lights lining the crosswalk at P Avenue and the same should be done at 1st
Avenue; at Railroad Avenue a "No Pedestrian Crossing" sign should be installed next to
the "No Left Turn" signs and pedestrians should be ticketed for "jaywalking". Mr. Smith
stated S.A.F.E. supports strict traffic enforcement for both pedestrians and motorists.
Secondly, Mr. Smith urged the City Commission to purchase the land on
Lake Ida for recreational purposes.
6.B.2. Dan DeCarlo, 9960 Pineapple. Tree Drive, Boynton Beach, FL 33436
(President of Boynton Beach Sister Cities), stated he has put together the Sister City in
China where he has taught en chu f th for the last 5-6 years when he is not in Boynton.
Mr. DeCarlo stated he is also a member of Unity Church of Delray Beach for twenty (20)
years. He stated they are very involved with Pine Grove Elementary and the Haitian
community, with Shelia, and the Assistant Police Chief Javaro Sims. Mr. DeCarlo stated
they feel it is very important to strengthen the relationship between Boynton Beach and
Delray Beach with the Sister Cities Program and can only be improved by having a Sister
City in Delray Beach that is in close proximity of Haiti to the Sister City in Boynton
Beach. Mr. DeCarlo stated they are very anxious through the Committee to work with
Delray Beach because they have many Haitian officials planning to coming to Boynton
Beach and with the leadership they can provide a great deal of value to the people of
Haiti and the Haitian community in Delray Beach.
6.B.3. Pauline Moody, 609 S.W. 8th Avenue, Delray Beach, FL 33444, stated
when the City Commission meets to address the roads and "No Left Turn" signs that they
include the Federal Highway Beautification Project. She stated the City needs a timeline
for projects so that they are completed in a proper manner. Ms. Moody stated the City
needs to put up stop signs where they were taken down from during hurricane season and
never put back up. She stated the City needs to address the condition of the roads
because there are many potholes which are destroying tires, and then resurface them with
lines, etc.
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Secondly, Ms. Moody stated everyone needs to worry about what goes on
in Delray Beach not in Haiti.
6.B.4. Christina Romeline, 161 S.E. 28th Court, Boynton Beach, FL 33435
(representing the Haitian community), welcomed the Haitian community that is
present this evening in representation of this project that they assumed was going to be
heard on the agenda this evening. She stated the Haitian community has come out in
droves to speak and represent this topic. Ms. Romeline stated she was born in Haiti and
grew up in Delray Beach and now lives in Boynton Beach which has a Sister Cities. She
stated they are here to petition the City of Delray Beach to take their voices seriously
because they want everyone to be educated about what Haiti is all about and to make the
community more enlightened in what they have done and what they are about to do for
the community and the world abroad.
Mayor Glickstein asked Ms. Romeline to explain to the audience that the
City Commission is unanimous in support of a Haitian Sister City and the City Manager's
request was because they received information from the Delray Beach Sister City
Organization (which the City Commission is not a part of) asking for more time to make
sure that Delray Beach is the city that they want to pair with.
6.B.5. Maior Joe Bernadel. Retired from the United States Army, 301 S.W.
12th Avenue, Delray Beach, FL 33444, strongly supports the Haitian Sister City
relationship particularly for the town of Aquin. Major Bernadel stated he is a member of
the Boynton Beach Sister City who selected Les Cayes and Aquin is approximately 15
kilometers from that location and there is not a citizen in Aquin that would reject pairing
with Aquin. Major Bernadel stated Aquin is the city that the Haitian community wants
Delray Beach to provide to them as a community because it is a coastal town and has the
privilege of having the relationship with Aquin in wanting to develop a condemnation of
cities that can pair up with Delray Beach.
6.B.6. Jim Chard, Chairman of Human Powered Delray (HPD), 401 S.E. 4th
Avenue, Delray Beach, FL 33483, thanked Commissioner Frankel for his service,
humor, and his ability to cut to the core.
Secondly, Mr. Chard commented about the parcel on the north part of
Lake Ida Road and how important the greenway is to Delray. He stated the greenway
will stretch from at least Boca Raton to Miami. Mr. Chard stated the east coast greenway
would like to connect to that that would be going along the shore and might cut inland
into Delray and urged the City Commission to contact the Palm Beach County
Commission and start moving this forward.
6.B.7. Gary L. Fishman, 3504 Diane Drive, Boynton Beach, FL 33435
(Acting President of the Diane Drive Neighborhood Association and the
surrounding neighborhoods), stated his neighborhood which is directly to the north do
not want a park on this land. Mr. Fishman stated Boynton Beach voted down the park
last night and stated mistruths, deceptions, and lies were told by Boynton Beach
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Commissioners along with Mr. Taylor Levy to the County on October 21, 2014. Mr.
Fishman stated the owner of the land Mr. Kalra is not a developer and will not turn the
land into an asphalt jungle; he owns the property to the north of the proposed park. Mr.
Fishman stated he spoke to a Palm Beach County Commissioner today who said there
will be no bridge from the Lake Ida Park across the L-30 canal. Mr. Fishman urged the
City Commission to not entertain any park plans and his neighborhood will actively
protest any park plans. He stated this land is landlocked I-95, Lake Ida to the east, L-30
to the south, and Mr. Kalra's land to the north. Mr. Fishman stated he is not against
parks, greenways, blue ways, and bikeways, just not in this location and even if there is
no access from the north they still do not want a park near their properties.
6.B.8. Lakhmichand Kalra, 3842 South Lake Drive, Boynton Beach, FL
33435 (lived here for over 30 years), urged the City Commission to not purchase the 4.8
acres of land to build a park and stated this lot has no access on two sides is the water, the
third side is I-95, and the fourth side is his property. He expressed concern over the value
of his home decreasing because his property is a lakefront house worth more than $22
million and if he gives access he will have no more lake front at all. He stated this park is
not practical or feasible and feels that a public park will increase traffic, crime, drinking,
drugs, homelessness, noise, litter, and the values of the other parks will decrease. Mr.
Kalra stated there is already Calossa Park and Lake Ida Park and he urged the City
Commission not to support the park.
6.B.9. Janine Rose Shuman, 116 N.E. 6t" Street, Delray Beach, FL 33464
(merchant and resident of downtown Delray Beach), stated as a merchant she would
be one of those businesses that would be affected with the no left turns off Atlantic
Avenue. Ms. Shuman stated a 'No Left -Hand Turn" is only going to hurt the side street
merchants.
Secondly, Ms. Shuman commented about the historic Del -Ida Park area
and stated trees were removed from a lot behind her home. She feels that the city takes
into consideration in the environment the trees.
6.B.10. David Cook, Hand's Office Supply, 325 East Atlantic Avenue, Delray
Beach, FL 33483 (merchant in Delray Beach for 28 years), stated he too would be
affected by the no left-hand turns off Atlantic Avenue because it would completely stop
entrance into the parking lots. Mr. Cook stated he supports the idea of discussing this at a
Workshop meeting that way the stakeholders can speak about this issue.
6.B.11. Adam Shuman, 116 N.E. 6th Street, Delray Beach, FL 33444, stated
Del -Ida Park neighborhood was built with small lots and small house, etc. and the trees
are important to them. Mr. Shuman stated lots are being cleared including taking down
the banyan trees, the gumbo limbo trees, and palm trees to build these houses.
Secondly, Mr. Shuman stated he owns a business and you cannot cross
S.E. 1St Avenue and Atlantic Avenue and it is also a high pedestrian corner. He stated
with respect to no left-hand turns how is someone going to get to the parking lot in
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Pineapple Grove or if traveling in the other direction to get to the parking lot on S.E. 1st
Avenue. He stated the businesses will suffer on both sides of Atlantic Avenue.
Lastly, Mr. Shuman stated with respect to Haiti, his main business Naked
Hair Salon supports Bondeau, Haiti (southwest of Port de Prince) and they hold cut-a-
thons to raise funds St. Mary Magdalene Missionary and emphasized that they are very
involved in the Haitian community in downtown Delray. Mr. Shuman stated Delray
Beach is growing into a very big city with numerous new businesses coming into town
and reminded everyone to remember how Delray Beach started and encouraged everyone
to read the signs on Lake Ida and how it became the historic district.
6.B.12. Kevin Warner, 248 Venetian Drive, Delray Beach, FL 33483,
commented about an email he sent to the City Commission and stated the City
Commission did a fantastic job at the Goal Setting Session. Mr. Warner commended Mr.
Cooper for doing a terrific job with framing the issues in language that clarified it for
everyone who was present.
6.B.13. Ron Nobili, 159 Marine Way, Boat Slip #15, Delray Beach, FL 33483,
requested the City Commission to revisit the proposed Marina Historical District parking
proposal and read a brief statement into the record regarding the on -street parking spaces.
6.B.14. Bruce Bastian, 675 Enfield Court, Delray Beach, FL 33444, stated he
sent the City Commission an email regarding a decision made by the City of Boynton
Beach last night not to approve the purchase of the four (4) acre parcel north of the Lake
Ida dog park. Mr. Bastian urged the City Commission to see if there is something that
Delray Beach can do to be creative by forming a private/public partnership and feels this
is a great opportunity for the City of Delray Beach to keep its green space.
6.B.15. Taylor Lew, 1810 Lake Drive, Delray Beach, FL 33444, read a brief
statement into the record regarding the Lake Ida parcel for a development of a park. Mr.
Levy stated if the City of Delray Beach is willing to put up $50,000.00 he is personally
willing to put up $50,000.00 along with a few other people and come together as a group
to purchase this property. Mr. Levy stated he supports this and has signatures from 75
Delray Beach residents and Boynton Beach residents which he obtained in I hour
speaking about this park.
6.B.16. Julio Rodrieuez, 3855 South Lake Drive, Boynton Beach, FL 33435,
stated he and several residents are not opposed to have a park north of Lake Ida; it needs
to be developed with the sense of the community surrounding it. Mr. Rodriguez stated he
does not see why a park would decrease property values and feels everyone would enjoy
green space.
6.B.17. Jason Bregman, 227 Lake Terrace, Delray Beach, FL 33444, stated this
Lake Ida parcel is about the future and creating a greenway that connects all the way.
Mr. Bregman stated this could make a big difference in the future for not only connecting
Delray Beach to Boynton Beach and to Boca Raton but to other cities as well. With
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respect to the right-of-way, Mr. Bregman stated there might be a possibility to connect
underneath I-95 and potentially a right-of-way along I-95 and urged the City Commission
to support.
6.13.18. John Fischer, Code 3 Events and the Delray Beach St. Patrick's Day,
stated the 47th Annual Delray Beach St. Patrick's Day Parade will be held Saturday,
March 14, 2015 at 2:00 p.m. and some of the guests include the New York City Fire
Department Bagpipes and Drums (FDNY) and they just celebrated their 50a' anniversary
as America's First Fire Service Bagpipe Band and a documentary film will be shown at
Crest Theatre on Thursday, March 12, 2015 at 8:00 p.m. Mr. Fischer stated another band
is the Washington, D.C. Fire Department Bagpipes and Drums. In addition, Mr. Fischer
stated the Florida Police Bagpipes and Drums as well as bagpipers and drummers from
all over the country coming to join the parade. Mr. Fischer stated uniform members of
the emergency services will also be in attendance. Mr. Fischer invited Mayor Glickstein
and the City Commission to ride in the parade to honor the nation's heroes. Mr. Fischer
stated an organization called "Help Our Military Heroes" will be showcased and they
take passenger vans and retrofit them for the wounded warriors that are coming back
from Iraq and Afghanistan as amputees to provide greater mobility for them. He stated
Code 3 is a volunteer group which relies heavily on donations and sponsorships and
invited the community to attend as well.
7. AGENDA APPROVAL.
The City Manager requested that Item 9.J., Resolution No. 16-15/Sister
Cities/Haiti be tabled to a date certain of March 31, 2015.
Deputy Vice Mayor Jarjura moved to approve the Agenda as amended,
seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Vice Mayor
Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Deputy Vice Mayor Jarjura — Yes;
Mayor Glickstein — Yes. Said motion passed with a 5 to 0 vote.
8. CONSENT AGENDA: City Manager Recommends Approval
8.A. ACCEPTANCE OF A LIMITED ACCESS EASEMENT DEED/135
DIXIE BOULEVARD: Approve acceptance of a limited access easement for the
property located at 135 Dixie Boulevard, to restrict vehicular access onto the property
from N.E. 2nd Avenue.
8.13. REOUEST TO CONSTRUCT IMPROVEMENTS WITHIN THE
CITY'S RIGHT-OF-WAY/DELRAY ASSOCIATES, INC. / DECK 84
RESTAURANT: Authorize the City Manager to execute a letter providing the City's
written consent to Delray Associates, Inc. for the construction of an awning over the deck
at Deck 84 Restaurant.
8_C. REVOCABLE LICENSE AGREEMENT/APPLIED
HYDROGEOLOGIC SOLUTIONS. LLC.: Approve a Revocable License Agreement
with Applied Hydrogeologic Solutions, LLC to install a ground monitoring well to be
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used for groundwater testing as part of a FDEP Petroleum Restoration Program
assessment for the gas station located at 4525 West Atlantic Avenue.
8_D. APPROVAL OF FY 2015 SPENDING GREATER THAN
$25,000.00/OT SERVICES. INC. Approval for FY 2015 spending with Overtime (OT)
Services, Inc. in an amount not to exceed $47,525.00 for the cleaning of various
departments, in addition to other related services "as needed". This is in compliance with
the Code of Ordinances, Chapter 36, Section 36.03(B), "Multiple Acquisitions from
Vendor Exceeding $25,000.00 in Any Fiscal Year". Funding is available from various
sources.
8_E. APPROVAL OF POLL WORKERS FOR THE FIRST
NONPARTISAN ELECTION: Approve the poll workers for the First Nonpartisan
Election to be held on March 10, 2015.
8_F. GRANT AWARD/FACTORY MUTUAL INSURANCE COMPANY
(FM GLOBAL) FOR SMOKE DETECTOR INSTALLATION PROGRAM:
Authorize acceptance of a grant in the amount of $1,500.00 for the Smoke Detector
Installation Program.
8_G. LEASE AGREEMENT APPROVAL FOR CITY OF DELRAY
BEACH WELLNESS CENTER/PINEAPPLE GROVE HOLDINGS. LLC.:
Approve the lease agreement between the City and Pineapple Grove Holdings, LLC for
continued services at the Employee Health and Wellness Center.
8.H. PROCLAMATIONS:
1. Irish American Heritage Month — March 2015
2. All Peoples Day — March 22, 2015
3. St. Patrick's Day Parade
8I. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards
for the period February 9, 2015 through February 20, 2015.
8.J. AWARD OF BIDS AND CONTRACTS:
1. Approve the ranking results of the coastal engineering services
Request for Quotes (RFQ 2015-01) and authorization to negotiate
a contract with CB &I Environmental & Infrastructure, Inc. This
recommendation is in compliance with the Code of Ordinances,
Chapter 36, Section 36.02(C)(3), "Professional Services".
Mr. Frankel moved to approve the Consent Agenda, seconded by Deputy
Vice Mayor Jarjura. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes;
Mr. Frankel — Yes; Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice
Mayor Petrolia - Yes. Said motion passed with a 5 to 0 vote.
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9. REGULAR AGENDA:
9.A.1. CONSIDERATION TO ACCEPT APPEAL REQUEST OF A
HISTORIC PRESERVATION BOARD (HPB) APPEAL FOR 218 N.E. 5rn
COURT: Consider the procedural appropriateness of an appeal request submitted by
Marc Julien Homes, LLC. associated with the action taken by the Historic Preservation
Board (HPB) on December 17, 2014.
Mayor Glickstein read the City of Delray Beach Quasi -Judicial rules into
the record for this item and all subsequent Quasi -Judicial items.
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item and all subsequent Quasi -Judicial Hearing items.
Mayor Glickstein asked the Commission to disclose their ex parte
communications. Mr. Frankel stated he met with the attorney and the applicant. Deputy
Vice Mayor Jarjura stated she met with staff, the City Attorney, the City Manager, spoke
with the Assistant City Attorney who handled HPB, and spoke with the applicant's
attorney. Mayor Glickstein stated he received a request from the applicant to meet;
however, he could not make that meeting. Vice Mayor Petrolia stated she spoke with the
attorney, the applicant, and also spoke to one of the board members on HPB. Mr. Jacquet
stated he had no ex parte communications to disclose.
Mark McDonnell, Assistant Planning and Zoning Director, stated this is an
appeal of the HPB denial of a relocation request at 218 N.E. 5" Court. The property is
located on the south side of N.E. 5th Court between N.E. 2nd Avenue and N.E. 3" Avenue
(Del -Ida Park Historic District). Mr. McDonnell stated the LDRs require that if someone
is going to appeal an action on any board, it is ten (10) business days from the date of
action. He stated the time lapsed and the applicant's attorney then located the 2003
Historic District Guidelines on the City's website which calls attention to thirty (30)
calendar days that someone could make that appeal.
The City Attorney stated it is his recommendation to break this down both
to the procedural issue of whether the appeal is correct and to the substance of the appeal
should the Commission decide to hear it. The City Attorney stated the attorney for the
applicant called his office and advised him that there was a ten (10) day deadline and this
conversation occurred before the tenth day. The City Attorney stated the attorney for the
applicant relied on the 2003 Historic District Guidelines published on the City's website.
The City Attorney stated as soon as he was made aware of these Guidelines, he asked that
they be taken off the City's website.
Mr. Frankel moved to approve to allow the appeal to be heard, seconded
by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Mr. Frankel —
Yes; Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia —
Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote.
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9.A.2. APPEAL OF HISTORIC PRESERVATION BOARD (HPB)
DENIAL OF RELOCATION REQUEST FOR 218 N.E. 5'H COURT: Contingent
upon Commission approval to accept appeal request; consider an appeal of the Historic
Preservation Board's decision to deny the request by Marc Julien Homes, LLC. for a
Certificate of Appropriateness for the relocation of a contributing structure at 218 N.E. 5'
Court. (Quasi -Judicial Hearing)
Mark McDonnell, Assistant Planning and Zoning Director, stated the
denial of the request to relocate the contributing structure to 18 N.E. 5th Court was based
on an inability to make positive findings with the Comprehensive Plan and the criteria set
forth in the LDRs, the Delray Beach Historic Preservation Design Guidelines, and the
Secretary of Interior's Standards for Rehabilitation. In September 2014, the City
Engineer granted a Plat Exception to reconfigure these two and one-half (21/z) lots of
record from the original 1923 Del -Ida Park Plat into two (2) new conforming lots. As a
result, Mr. McDonnell stated the new property line which separates the two (2) lots was
located in the middle of the existing structure and it created a non -conforming setback for
the accessory structure located on the east side. He stated the agent requesting the plat
exemption stated in an email to staff that the intent of the reconfiguration was to
demolish the existing structure and then build two (2) new single family residences. Mr.
McDonnell stated an official demolition request has not yet been submitted and the
potential to demolish the historic structure on the property remains a concern. The COA
(Certificate of Appropriateness) was then considered by the Historic Preservation Board
(HPB) at its meeting on December 17, 2014, to relocate the existing dwelling to the
parcel to the west. Mr. McDonnell stated the relocation would move the structure
approximately 15' 2" to the west, 5" to the south, and set it on a new stem wall
foundation system. A motion to approve the COA did not pass on a vote of 0 to 7. Staff
recommends denying the appeal and upholding the decision of the Historic Preservation
Board (HPB).
Mitch Kirschner, Gray Robinson, P.A., 225 N.E. Miner Boulevard
#500, Boca Raton, FL 33432 (Attorney representin¢ the applicanfl, gave a brief
PowerPoint presentation and provided handouts to the City Commission. Mr. Kirschner
stated there is no intention to demolish the house; the only thing that is being taken down
is a flat roof and a pool. He stated if the home was to be relocated on the western lot of
the two (2) lots, the setbacks and the like would all be compliant. Mr. Kirschner stated
Objective A-9 from the Housing Element of the City's Comprehensive Plan is what staff
relied on as the reason that this moving should not be approved which states "The City
should support the conservation and rehabilitation of historically significant housing
especially where such housing is an identifying characteristic of a particular
neighborhood." Mr. Kirschner stated there is no rehabilitation needed on the house; it is
kept in very good condition and Mr. Julien owns the lot. Mr. Kirschner stated there are
single structures on smaller lots and many of these properties are multi -family not single
family. Furthermore, Mr. Kirschner stated "The relocation of the historic structure will
provide for the new construction of a residence to the east, which will increase the
density and intensity on the streetscape." Mr. Kirschner stated if the lot of 125 feet were
divided in half at 62'/2 feet, it would reasonably comport with the rest of the
neighborhood. Mr. Kirschner stated the house is not moving to a new site, but it is in the
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same four corners and is moving by fifteen feet (15'). Mr. Kirschner stated the house
will be moved by an expert who moved the CRA building which still has to be approved
by the Historic Preservation Board (HPB). In his opinion, Mr. Kirschner stated that the
Secretary of Interior's Standards for Rehabilitation are not applicable. Mr. Kirschner
entered the testimonies of other CRA's and the like.
Mayor Glickstein asked if anyone from the public would like to speak in
favor or in opposition of Item 9.A.2, to come forward at this time. There being no one
from the public who wished to address the Commission regarding Item 9.A.2., the public
comment was closed.
There was no cross-examination.
Mr. McDonnell gave the following rebuttal:
For the record, Mr. McDonnell stated staff has a memorandum dated
August 29, 2014 from Michael Covelli indicating that the intent was to demolish the
home (this memorandum was made part of the record).
Deputy Vice Mayor Jarjura stated there were certain interpretations made
to the City Code that she did not believe the Code stated. She stated the justification of
staff for the denial is that it creates a lot; it is inconsistent with the neighborhood. Deputy
Vice Mayor Jarjura stated when looking at the original and the historic plats of this
neighborhood as well as the configuration and the lot sizes of the aerials that were just
shown, this lot is actually an anomaly. Deputy Vice Mayor Jarjura stated if that was the
major justification and looking at the comments of the Historic Preservation Board
members they seem to take that interpretation by staff as part of their justification for
denying it and she is not comfortable with that. In addition, Deputy Vice Mayor Jarjura
stated the demolition is an issue. She stated the City does not have a bond requirement
when you relocate historic homes or historic trees. Therefore, Deputy Vice Mayor
Jarjura stated having that type of requirement would give the comfort level that we need
in relocating these historic homes. She stated although they have seen it done very
successfully, but the two most recent examples of those issues have created this
environment where we are destructing of it. With this particular application, the fact that
they are relocating it on site, City staff has already approved the division of these parcels
into property sizes more in keeping with the character of this neighborhood and the
historical plat. She expressed concern over why the City would penalize this particular
owner. Deputy Vice Mayor Jarjura reiterated that the interpretation in the City's staff
report is very liberal in their interpretation and she is not sure where that basis was. For
example, Deputy Vice Mayor stated that statements made (#1, page 3 of 5) "....It is
characteristic of the original development patterns of Del -Ida Park with smaller
residences occupying more than one of the original platted lots, thereby resulting in a less
dense neighborhood. The Board has approved other similar requests; however, the
subject request differs in that there is no evidence regarding the lack of maintenance or
neglect of the structure, and it appears that the request is solely based on the desire to
develop additional property." Deputy Vice Mayor Jarjura stated it is her understanding of
the property that the application is they are keeping the two (2) structures on site; and,
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they are doing an addition to the main house keeping the guest house and putting it on
two (2) separate lots.
Amy Alvarez, Senior Historic Preservation Planner stated there are two
(2) examples in Del -Ida Park where there was a single house on multiple lots from the
original Del -Ida plat; one is at the corner of Dixie Highway and N.E. 2° Avenue and the
other is at N.E. 6d' Street/N.E. 7d' Street and 2nd Avenue. She stated there are now four
(4) homes on that site where there was originally one (1). Deputy Vice Mayor Jarjura
commented that two (2) out of how many lots in Del -Ida Park are anomalies with extra -
large lots. Ms. Alvarez stated she does not have an exact count; she is giving an example
of recent replats that occurred when there was a smaller house on a larger lot. Deputy
Vice Mayor Jarjura stated visually when looking at the Sanborn Insurance Maps, does
she see it as an anomaly or as keeping with the neighborhood. Ms. Alvarez stated she
does not see it as the "norm" but she does not see it as an anomaly either because she
believes it is part of the character of Del -Ida Park. Deputy Vice Mayor Jarjura expressed
concern that Ms. Alvarez's statement is contrary to the statement that she makes in her
staff comment in the staff report on page 3 of 5 which is relied on many of the board
members comments in the Historic Preservation Board minutes of December 17, 2014
that it is the characteristic of the original development patterns of Del -Ida Park. Ms.
Alvarez stated she will correct the staff report to reflect the word "character" not
"characteristic."
Brief discussion between Deputy Vice Mayor Jarjura and Ms. Alvarez
continued.
Deputy Vice Mayor Jarjura asked when the owner of this property stated
he wanted to relocate the main house fifteen (15) feet and keep the guest house as is and
do an addition to the main house, where in that application process was Ms. Alvarez
advised that he was looking to develop it into four (4) lots or four (4) different houses.
Ms. Alvarez stated this application was going to be into two (2) lots as a result of the plat
exemption that occurred on September 2" d; one would be a new construction of a new
single family house just to the east (second item on the Agenda) and the second one
would be the adaptive reuse of the existing structure after it is relocated they would add
onto it. Deputy Vice Mayor Jarjura expressed concern over the staff report and the
comments made by the board members that it is almost as if there is going to be a
demolition and a more dense development that is going to occur on these two (2) lots.
Ms. Alvarez stated you are going from one (1) house on a large lot to two (2) houses
which increases the density and the demolition concerns came about as a result of the
discussions during the plat exemption review (Ms. Alvarez stated this is the email that
staff has provided to the City Commission). Deputy Vice Mayor Jarjura read the email
into the record.
After brief discussion, it was the consensus of the City Commission to
place a condition that the applicant agrees not to demolish the house and plans to move
the house fifteen (15) feet or have a surety bond. The City Attorney asked the developer
whether they would voluntarily agree to that bond condition. The architect, who has
been working with Mr. Julien on this project, came forward and stated that Mr. Julien
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would agree to rehabilitate the house once it is moved fifteen (15) feet and that there be
no demolition.
Vice Mayor Petrolia stated she is leaning towards giving this opportunity
for some of the reasons Deputy Vice Mayor Jarjura explained in how it was explained to
the board and she emphasized that this is no disrespect for the hard work that the Historic
Preservation Board is bringing before the Commission because she believes they have the
expertise. However, Vice Mayor Petrolia stated she does not want to see another house
let to go in disrepair so that it could be brought down to create two (2) lots that already
exist to build two (2) new houses. She stated on the side of preserving historic, she
supports this unless one of her colleagues has a reason not to.
Mr. Jacquet stated all the points have been made with respect to the lot
sizes and the fact that the City would potentially be saving one structure. He stated
moving the structure fifteen (15) feet is different than moving it across town.
Mayor Glickstein stated he shares some of Deputy Vice Mayor Jarjura's
concerns and feels there is a disconnect between the basis on which the Historic
Preservation Board, relied and the actual ordinance as well as that distinction between
"characteristic" and the "character" of the community. He stated there are a lot of multi-
family structures there subdividing the lot. Mayor Glickstein stated there is a history here
(throughout the State of Florida) of moving these historic structures.
With regard to a surety bond or a letter of credit, the City Attorney
suggested that the appraisal of at least 125% of fair market value as determined by an
appraisal which is reasonably acceptable to the City.
Mr. Kirschner, Counsel for the owner, stated this would be an appraisal of
the value of the structure. Marc Julien of Marc Julien Homes, LLC, applicant, stated he
agrees with the 125% of the appraised value price.
For clarification, Mayor Glickstein stated whatever is built on the adjacent
lot that it goes through HPB for approval as well.
Deputy Vice Mayor Jarjura asked when the revised ordinance coming
before the Commission that they discussed at Goal Setting, that the Commission add the
bond requirement.
The City Attorney briefly reviewed the Board Order with the Commission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
Mr. Frankel moved to approve the Board Order with the condition agreed
upon by the owner that the appraisal be at least 125% of fair market value as determined
by an appraisal that is reasonably acceptable to the City, seconded by Vice Mayor
Petrolia. Upon roll call the Commission voted as follows: Deputy Vice Mayor Jarjura —
Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Mr. Jacquet — Yes; Mr.
Frankel — Yes. Said motion passed with a 5 to 0 vote.
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Mr. Jacquet moved to approve to move Item 9.C., to be heard before Item
9.11., seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows:
Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel —
Yes; Deputy Vice Mayor Jarjura — Yes. Said motion passed with a 5 to 0 vote.
9_C. CONDITIONAL USE REQUEST/ JEAN 3:16 EVANGELICAL
BAPTIST CHURCWEXPAND THE EXISTING CHURCH SANCTUARY:
Consider approval of a conditional use to build a 2,971 square feet addition to the Jean
3:16 Evangelical Baptist Church sanctuary located at 620 Bluebird Drive. (Quasi -
Judicial Hearing)
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item and all subsequent Quasi -Judicial Hearing items.
Mayor Glickstein asked the Commission to disclose their ex parte
communications. Mr. Frankel stated he received emails that are on the City server.
Deputy Vice Mayor Jarjura stated she received emails that are on the City server. Mayor
Glickstein stated he received emails that are on the City server. Vice Mayor Petrolia
stated she received emails that are on the City server. Mr. Jacquet stated he too has
received emails that are on the City server and he has spoken to the church leadership and
their architect.
Mark McDonnell, Assistant Planning and Zoning Director, entered the
Planning and Zoning Department project file #2015-059 into the record.
Mr. McDonnell stated the subject property consists of Lots 5A thm 12A
inclusive, a replat of Lots 17-31. The property measures 1.6 acres and currently contains
a one-story 5,251 square foot church built in 1975 with 90 existing parking spaces. At its
meeting of July 21, 2015, the Planning and Zoning Board recommended denial to the
City Commission of a privately -initiated rezoning; the request was to go from R -1 -AA to
CF (Community Facilities) for the Jean 3:16 Evangelical Baptist Church; however, the
applicant withdrew the application and it was never considered by this Commission. Mr.
McDonnell stated this request is consideration of the conditional use to build a 2,971
square foot addition to the Jean 3:16 Evangelical Baptist Church sanctuary in order to
increase the seating capacity from 125 seats to 291 seats; the proposal also includes a
fellowship hall, a multi-purpose area with restrooms, and a 1,194 square foot building
addition to accommodate a storage area, pastor's suite, and two new offices for the
church. The existing footprint of the building measures 5,251 and the new addition will
bring the building to 10,691 square feet; the property is located at 620 Bluebird Drive.
At its meeting of January 26, 2015, the Planning and Zoning Board held a
public hearing in conjunction with review of the conditional use request. Mr. McDonnell
stated numerous residents spoke in opposition to the proposal to expand the footprint of
the church at this location; concerns were mostly over traffic congestion and parking over
the grass areas that may be generated by the expansion of the church. He stated it was
also noted that the neighborhood is negatively impacted somewhat by the traffic
generated by the size of the existing church. After a lengthy discussion, the Planning and
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Zoning Board agreed with the residents that the church could have a detrimental effect on
the well-established neighborhood. The Board then voted 4-3 (Jacobson, Mackey and
Bird dissenting) to recommend denial of the conditional use. Staff recommends moving
to approve subject to the six (6) conditions listed in the Planning and Zoning staff report.
Mayor Glickstein stated if anyone from the public would like to speak in
favor or in opposition of the request, to come forward at this time.
Chenara Anderson (applicant), stated she is present for any questions
regarding the conditional use. Ms. Anderson stated the church is looking to expand by
doubling the size so that they can utilize Sunday schools and administrative areas and
meeting spaces. Ms. Anderson stated the church is currently operating as a sanctuary so
they do not have room for any other accessory uses. She stated originally they applied
for rezoning to CF but they were not able to get it. Ms. Anderson stated the church
worked with the community and sent out an invitation for a community meeting held
October 4, 2014. She stated Dana Little was the Planning and Zoning Director at the
time and that is when they decided to come back for a conditional use instead of a
rezoning.
Adam Kerr, P.E., Kimley-Horn and Associates, 1690 S. Congress
Avenue 4100, Delray Beach, FL 33445, stated the traffic study was approved by Palm
Beach County and the City of Delray Beach which looks at the peak hours Monday
through Friday. Mr. Kerr stated the addition is a de minimis impact on the adjacent roads
because a church is a low generator; even during the church services which typically
would not be during a Monday or Friday rush hour it is a very small increase in the
amount of trips (about 45 additional trips) because of the additional square footage. He
stated the residents in the area had some concerns about existing traffic issues and the
majority of the traffic is existing traffic that is currently on the roads (cut -through traffic
from Boca toward Linton) and the additional church traffic is a very small amount in
addition to that; over half the road is still available for additional trips. Mr. Kerr stated
they can work with the City Engineer to address the existing issues with the cut -through
traffic from Boca.
Elizabeth Zimert, 3166 Carl Bolter Drive, Delray Beach, FL 33444,
stated the request is to double the square footage to a building that currently has ninety
(90) parking spaces (sod and concrete) and includes an additional seven (7) parking
spaces. Ms. Ziegert stated she has sent the City Commission photos and noted that this
last Sunday there was 102 parking spaces that were made on their sod parking, but they
blocked traffic so if any emergency vehicle had to have access to get in, they would not
have been able to do so. Ms. Ziegert stated her neighborhood is zoned single family
residential and she feels it is like living across the street from the new Fresh Market or
Trader Joe's when looking at the parking lot. She expressed concern over the traffic and
safety especially because she is a mother of a 4 year old son. Ms. Ziegert stated she does
not feel that the current proposal is the right size and she encouraged the church to revisit
the size and the parking concerns.
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Deborah Grosheim, 3102 Carl Bolter Drive, Delrav Beach, FL 33444,
lives across the street from the church, concurs with comments expressed by Ms. Ziegert
and feels they should scale the church down. She stated there is a lot of traffic during the
church hours and noted at times she cannot get in or out of her driveway. She stated
there is a great volume of traffic that flows back and forth from Boca to Delray and the
Delray residents are using that path to go back and forth to Boca. Ms. Grosheim stated
this area is single family residential and there are no sidewalks and she urged the City to
revisit this.
Delray Beach resident (name unknown), stated he does not see any
reason why the City would not give permission to expand the church and noted the
church offers good things for the youth. He stated the church helps the youth stay out of
trouble and teaches them to be a good person in the community.
Church, 551 S.E. 8`" Street, Delray Beach, FL 33484, stated as a Pastor, father and
family leader, he understands the concerns of the neighborhoods. Pastor Adner stated the
church meets in the evening not every day and encouraged everyone to work together to
help preserve the youth because research shows that many young people are involved in
crime; however, the duty of the church is to help retrain them for the future and the
community.
Erla Pierre, member of Jean 3:16 Evangelical Baptist Church for 18
years, stated the church has the lot to increase the size of the church and they also have
the lot with more parking spaces. Ms. Pierre stated there is a traffic problem; however,
the church is not the cause of the problem. She stated most of the traffic comes from
Boca and Delray Beach and most of the members of the church come from Boynton and
Lake Worth. Ms. Pierre stated the church has helped her to stay on the right path and
attributes her Bachelor's Degree in nursing to what the Pastor has been preaching in the
church for the last 18 years. Ms. Pierre stated they are not trying to annoy the neighbors
and she welcomed the neighbors to attend the church.
Samuel Menard, lived in Delray Beach for 27 years and has worked
for the Palm Beach County School District for the last 15 vears, Associate Pastor of
Bethel Baptist Church, stated the Head Pastor and his wife are great leaders in the
community and they want to work with the neighbors. Mr. Menard stated they only meet
three (3) times a week and noted that the traffic is really from people traveling from Boca
to Delray.
Michael Rosa, 1700 Dover Road, #112-A, Delray Beach, FL 33445
(Delray Beach resident since 1995 and homeowner in Delray Beach since 1997),
stated this is a great project for a great purpose for the great community and noted that he
volunteers every Sunday at church. He stated the church wants to give the youth the
opportunity to be raised up the right way so that they can be great contributors to society
in the future. Mr. Rosa stated the entire finished project on this large piece of property
will only contain less than 30% of the whole property and the height of this project will
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not reach two (2) floors high. He stated this church has been there since 1974 and has
never been renovated. Mr. Rosa stated the community has outgrown this facility and this
facility was used historically for voting; however, it is too small, the church cannot hold
weddings or other functions because it is too small. He feels this will be a facility for
anyone to use (in addition to their children) and it will beautify the piece of property and
the neighborhood.
Cherline Boseale, 8968 Strawberry Lakes (Church Secretary), stated
last Sunday it was extra crowded because the church was celebrating their 22"d
anniversary and pastors from other churches attended as well. Ms. Bosgale stated the
expansion will be beneficial to the church members and the neighbors because there will
be extra parking. She stated the majority of the church members attend Sunday morning;
Sunday night less than half the church is there; Wednesday night is Bible study
(approximately 20 people); Monday morning the ladies group meets. She stated they
currently have children age 5-14 in the same room and the expansion would allow the
church to have different classrooms for the different age groups.
Jude Avril, 2845 S.W. 22"d Avenue, Delray Beach, FL 33445 (realtor
and resident for 25 years), stated this project will bring more good to the neighbors than
bad and he has not heard anything bad from the neighbors stating that the church should
not be there.
Kettlene Placide, member of the church and a daycare provider, stated
the expansion is not to bring more church members, but to fit the needs of the existing
church members. Ms. Placide stated her daughter had to get married in another church
because this church is too small. She stated the church members would like to have their
church used for the youth and see the appearance of the church improved so it will look
better. Ms. Placide stated if this expansion and construction is done it will add value to
the houses around it.
Jackson Movey, 256 N.E. 14th Street, Delray Beach, FL 33444,
supports the church expansion.
Church member for 22 years (unable to obtain name), stated the
church members are here to work with the community and to help make the church look
better.
Melais Joseph, church member since 1993, urged everyone to work
together as a community and stated the church expansion will add value to the homes in
the neighborhood.
Secretary of Finance (unable to obtain name) for Jean 3:16
Evaneelical Baptist Church and is also a nurse, asked the Commission to approve the
extension of the church. She stated her son is a lawyer and her daughter is a teacher and
she attributes this to the church educating her children to become better people. She
stated the church does not have enough space to hold a funeral service or a wedding, and
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she urged the Commission to support the church expansion.
Misseline Calixte, has attended Jean 3:16 Evangelical Baptist Church
and Youth Leader, stated the church helps the youth in the community to get off the
streets and do good. She stated anyone is invited to attend the church services regardless
of color or race.
Jean Thomas, moved to the Florida from New York, stated when he
moved to Florida he was involved in bad things but then he found the church and the
Pastor helped him turn his life around for the better. Mr. Thomas stated the church brings
peace and there are three (3) exits but the church is too small and there is no alter for the
pastor to sit.
Serge ? (unable to obtain last name), Civil Engineer/Contractor and
Pastor, stated the church does not only belong to the members of Jean 3:16, but anyone
is welcome to use the church.
Church Member (unable to obtain name), stated his primary job in the
church is to teach other kids and he sees the difference that makes in the lives of the kids.
He urged the City and the neighbors to allow the church to be built.
Sanflore St. Jean, (church member and college student), urged the
Commission to support the church expansion so that it will help attract all the young
adults to the church and stop them from doing bad things.
There was no cross-examination.
The following individual gave a brief rebuttal:
Chenara Anderson stated there are two (2) buses that belong to the
church and stated there are concerns about parking. She asked that this be a condition. In
addition, she stated the church is actually 10,000 square feet; however, it only occupies
15% of the lot (71,000 square feet) and 43% of the lot is proposed to be landscaped.
Vice Mayor Jacquet inquired about the lot size. Mr. McDonnell stated
the FAR will be .15 and that lot coverage may have included the parking surface. Vice
Mayor Jacquet inquired about the parking on the grass area and the fact that staff
recommends that it be paved. Mr. McDonnell stated condition #4 states that "that the
thirty-eight (38) parking spaces labeled as sod must be provided with a hard surface
material (such as brick, turf block, or a surface of sod over stabilized base) acceptable to
the City Engineer."
Vice Mayor Petrolia asked what the parking requirement is for a church
over 10,000 square feet. Mr. McDonnell stated parking in the City's code is based on the
number seats in the sanctuary; the seating capacity is 291 (291 divided by 3 = 97) and the
required number of parking spaces is 97. Furthermore, Mr. McDonnell stated in the R -1 -
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03/03/15
AA zoning district churches are a conditional use and if it were just a minor condition
they would have taken it to the Planning and Zoning Board; however, due to the fact that
it was doubling in size, staff felt it was a significant modification to the existing
conditional use. Therefore, Mr. McDonnell stated staff decided that this did need to
come up to this level and come before the City Commission for approval. Vice Mayor
Petrolia stated she is looking at this from the perspective of how it affects the surrounding
area as well as what it does to the community. Vice Mayor Petrolia stated going from
125 seats to 291 seats with the same amount of parking, she would expect that the
numbers of people coming into the church as well which will increase the numbers of
people that are going to need to park. She stated she is looking at this from the
perspective of how it affects the surrounding area as well as what it does to the
community. Also, Vice Mayor Petrolia shares with some of the neighbors their concerns
with respect to the congregation being too large for this parcel.
Deputy Vice Mayor Jarjura stated she share Vice Mayor Petrolia's
concerns and stated her issue is not with the expansion of the church but it is the
logistical issues and its impact on the neighbors that needs to be worked out. Deputy
Vice Mayor Jarjura stated she understands the one (1) parking space per three (3) seats
but inquired about the multi-purpose area that measures 1,275 square feet, there are two
(2) offices and a 313 pastor suite and asked if the church had to have parking for that.
Mr. McDonnell stated it is calculated by the number of seats and all the other uses are
considered ancillary to the sanctuary. Mr. McDonnell suggested that there be a traffic
control plan for some of the larger events that the church anticipates will be high volume
events.
Mr. Frankel referenced an email from Ms. Ziegert with photographs
regarding condition 96 and asked what would happen if people park on the grass. Mr.
McDonnell stated it would be a cite plan violation. Mr. Frankel suggested that this be a
condition for a regular church service that there is an off-duty Police Officer directing
traffic.
Mr. Jacquet stated this building has been there since 1974 and stated this is
unique and special to this community. He stated they have outgrown the church and
there are not separate rooms to teach the kids and pointed out that this used to be a voting
location but no longer. Mr. Jacquet stated he understands the concerns of traffic, but he
does not believe that the church is producing that traffic especially within the hours of
operation. He knows of other churches in other cities that are on major roads and
highways and that is the reason why there is always a Palm Beach County Sherriff at
every service because coming in and out is a big problem (i.e. Federal Highway, Dixie
Highway, Atlantic Avenue, Military Trail, Congress Avenue, Lake Ida, or George Bush
Boulevard). Mr. Jacquet stated in the area where this church is located he does not see
the same concern with heavy traffic; however, he does see potential congestion or the
safety concern for children so the safety concerns will be there when there is a large
event. In his opinion, Mr. Jacquet stated he does not feel that an off-duty police officer is
needed for every service; however, Mr. Jacquet stated he agrees that it makes it easier if
someone is there directing traffic.
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Mayor Glickstein inquired about the give and take staff mentioned about
lowering the size and asked if that was something that the applicant offered. Mr.
McDonnell stated when the Planning and Zoning Board voted against it, he felt it was
puzzling that there was not any dialogue based on the concerns that were raised by the
neighborhood would the church consider reducing the number of seats in the sanctuary so
that would alleviate the concern of potential overflow parking or would they consider a
traffic management plan or have an off-duty officer at high volume events. Mr.
McDonnell stated the speed bumps that the city has are so shallow you glide right over
them; however, on Lindell Boulevard you almost have to come to a stop when going over
the speed bumps. Mr. McDonnell stated if the concern is speeding traffic in that area the
city can mitigate that other ways and do something about the speeding traffic coming
over the bridge on Carl Bolter Drive coming in from Boca.
Ms. Anderson stated if necessary there was discussion about reducing the
seating or having other conditions for the parking. She stated this weekend was an
exceptionally congested weekend because the church had its anniversary so that would be
one of the circumstances. However, on a regular basis, Ms. Anderson suggested that the
parking be redesigned and the worst case scenario is double parking, but she has never
seen anyone park on the grass.
Mayor Glickstein stated he supports the project with the conditions of a
traffic control plan, "no parking" signs around the perimeter, and that the church has
some off-site improvements with the parking. Mayor Glickstein inquired if the traffic
control plan would come back to staff for review. He stated if the community wants to
see the traffic slow down, the way to do that might be in connection with the
development plan, Mr. McDonnell stated staff has not worked out those details;
however, if the City Commission chooses to approve the conditional use, the applicant
will have to refine their site plan, parking, open space, lighting, landscaping, and go to
the SPRAB; however, Mr. McDonnell stated the City Commission could attach another
condition (47) that there be a traffic control plan and that there be an off-duty Police
Officer during high volume events and when the church has an expected event of "xx"
number of vehicles. Mr. McDonnell stated this would then trigger that requirement and
staff can work on something reasonable with the applicant.
Vice Mayor Petrolia stated if the city is able to mitigate some of the issues
with respect to the parking and the traffic, and work with the church, would this be
acceptable to Ms. Ziegert.
Ms. Ziegert reiterated her concerns regarding the parking, traffic and
speeding.
Deputy Vice Mayor Jarjura stated she believes there is adequate room
without having to shrink the building to add some surplus parking that is above and
beyond what is required by Code. She asked that staff work with the applicant before
this goes to SPRAB.
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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. Jacquet moved to approve the Board Order subject to the conditions
(41 through #7), seconded by Mr. Frankel. Upon roll call the Commission voted as
follows: Vice Mayor Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Deputy Vice
Mayor Jarjura — Yes; Mayor Glickstein — Yes. Said motion passed with a 5 to 0 vote.
At this point, the time being 9:17 p.m., the Commission moved to Item
ma
9_B. CONDITIONAL USE REQUEST/ PREMIER STONEWORKS/1455
S.W. 4TH AVENUE: Consider approval of a conditional use request for Premier
Stoneworks, to allow a concrete product manufacturing establishment in the Industrial
Zoning District for the property located at 1455 S.W. 4ffi Avenue. (Quasi -Judicial
Hearing)
Mayor Glickstein asked the Commission to disclose their ex parte
communications. Mr. Jacquet was away from the dais. Mr. Frankel, Vice Mayor
Petrolia, Mayor Glickstein and Deputy Vice Mayor Jarjura stated they had no ex parte
communications to disclose.
Mark McDonnell, Assistant Planning and Zoning Director, entered the
Planning and Zoning Department project file #2015-058 into the record.
Mr. McDonnell stated this is a conditional use request for Premier Stone
Works located at 1455 S.W. 4U' Avenue and is the current location of Tim Graboski
Roofing (previously Delray Truss). Mr. McDonnell stated the conditional use is before
the Commission to allow a concrete product manufacturing establishment in the
Industrial (1) Zoning District. He stated the building was built in 1982. In June 2003, the
Site Plan Review and Appearance Board (SPRAB) approved a Class III site plan
modification request from Linton Truss; in November 2010, SPRAB approved a minor
modification for the current occupant Tim Graboski. Mr. McDonnell stated Premier
Stoneworks is a business specializing in concrete cast stone products which are used as
decorative, non-structural architectural elements for construction applications. The
manufacturing activities involve mixing, casting, and curing (hardening) of concrete cast
stone products for deliver to the project site. Mr. McDonnell stated all cutting and
grinding does not occur here. He stated the material is actually wrapped in cellophane,
put on pallets, loaded on a truck and taken to a construction site where it is ground and
cut. Therefore, Mr. McDonnell stated there is not a lot of dust. He stated the request also
includes a 625 square foot area where they mix the material and during that process there
is a three -tiered system to drain out of the mold.
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At its meeting of January 26, 2015, the Planning and Zoning Board
recommended approval unanimously with a 6 to 0 vote. Staff recommends approval.
Mr. McDonnell stated since the applicant went to the Planning and Zoning Board they
have an issue with condition e. Mr. McDonnell stated there is a chain link fence that is
185 feet back into the property off 4h Avenue and it is behind that where the applicant
would store these pallets. Mr. McDonnell stated the LDRs require that storage areas be
screened from rights-of-way. The Planning and Zoning Board asked that the applicant
take down the chain link fence and put in a wooded fence; the fence is controlled by a
motor on a skid and it is open all day; there is an existing fabric on the existing chain link
fence and when it is closed the material being stored in backyard will not be visible.
Jon Levinson, 943 Evergreen Drive, Delray Beach, FL 33483,
(speaking for Premier Stoneworks), stated this is a great opportunity to keep a business
that is in town that is already here (currently located off Wallace Drive in rented space)
and they need more space. Mr. Levinson urged the Commission to approve the
conditional use by removing the wooden fence requirement.
Mayor Glickstein stated if anyone from the public would like to speak in
favor or in opposition of the conditional use request, to come forward at this time.
Christina Morrison, 2809 Florida Boulevard, Apt. #207, Delray
Beach, FL 33483 (Realtor with Carmel Commercial Real Estate), stated this company
was a tenant of theirs for several years and is now a neighbor of theirs on the Wallace
Drive property known as Park Ten. Ms. Morrison stated they are a wonderful company
and it is nice that they are able to stay in Delray Beach. She stated the new site on 4th, the
property to the immediate north is a Waste Management facility and the property to the
immediate east is a Waste Management facility; beyond the Waste Management facility
is an existing concrete company. Ms. Morrison stated this is a perfect location and she
urged the Commission to support it.
There being no one else from the public who wished to address the
Commission, the public comment was closed.
There was no cross-examination.
The following individual gave the following rebuttal:
Mr. Levinson stated the building immediately to the north is a condo
warehouse complex and is no screening on their parking lots at all.
After brief discussion, the Commission noted that they support the
conditional use request with the removal of condition "e" ("That the existing chain link
fence located between the building and the south property line is replaced with a wood
fence and such is shown on the site plan.").
Vice Mayor Petrolia asked if there are any fumes or smell from the
mixing. Mr. Levinson stated there are no fumes or smell.
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The City Attorney briefly reviewed the Board Order with the Commission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
Deputy Vice Mayor Jarjura moved to adopt the Board Order with the
removal of condition "e", seconded by Vice Mayor Petrolia. Upon roll call the
Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Deputy Vice
Mayor Jarjura —Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes. Said motion
passed with a 5 to 0 vote.
9_D. SIDEWALK DEFERRAL AND EASEMENT DEED/ 1012 N. VISTA
DEL MAR DRIVE: Consider a request from the property owner of 1012 N. Vista Del
Mar Drive for a sidewalk deferral or the option to pay a fee in-lieu of sidewalk. (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 Planning and Zoning Director, stated the
property consists of 12,703 square feet and previously contained a single family
residence that has since been demolished. The property is within the North Beach
Overlay District and is on the south side of North Vista Del Mar Drive, west of Andrews
Avenue. The owner wishes to defer the construction of the five foot (5') sidewalk within
a five foot (5') easement. Mr. McDonnell stated sidewalk deferrals with easements have
been approved by the City Commission for properties along Vista Del Mar. On
December 19, 2013, the Development Services Management Group (DSMG)
recommended approval to the Commission for the sidewalk deferral and required that the
future sidewalk be constructed within an easement. However, on December 4, 2014, the
DSMG indicated a preference for the in-lieu payment of fees instead of sidewalk
installation. Mr. McDonnell stated having an in-lieu payment as an alternative to
deferring the sidewalk; DSMG felt that was an underutilized tool to date. He stated the
in-lieu payment was deemed the preferred alternative to future approval of sidewalk
deferrals. Mr. McDonnell stated the applicant was informed of this determination but has
opted to proceed with the current sidewalk deferral and easement request for 1012 Vista
Del Mar. Mr. McDonnell stated on December 4, 2014, DSMG indicated a preference for
the in-lieu fee instead of the sidewalk installation. Staff recommends denying the request
for the sidewalk deferral in return for in-lieu payment.
Robert Sherwood, Attorney representine the Sherwood Family, stated
in June 2013 they purchased a building and lot at 112 Vista Del Mar North with the
intention of building a house there. On February 3, 2014, they received notice from the
City that their plans had been approved by Planning and Zoning Department and the
Beach District stating that they could submit their plans to obtain building permits. In
March 2014, Mr. Sherwood stated they were contacted by the City through their architect
inquiring whether they were going to submit their request for a sidewalk deferral to the
City for consideration at their April 1, 2013 meeting. Mr. Sherwood stated they were
unable to get some of things to go forward and in March of 2014, the builder sent notice
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via his attorney that he was exercising the option that he had to repurchase the property.
Mr. Sherwood stated they spent approximately 45 days negotiating a settlement and in
May he emailed the architect as to what the next steps should be with regard to securing
the sidewalk deferral. The architect sent the application materials and at that time his
observation was there need not be an easement because there is more than adequate room
between the pavement and their lot line to put in a five (5') sidewalk. He stated he
contacted the City about asking if they could keep the sidewalk in the right-of-way versus
having to grant an easement. Mr. Sherwood stated after the easement situation was
reviewed, he was asked by City staff to prepare a revised site plan showing the sidewalk
in the right-of-way versus within an easement on their lot which he provided to the City.
In further discussions with City staff, it was pointed out that the sidewalk deferral
agreement was an item that would hold up his building permit. Therefore, Mr. Sherwood
stated he inquired about alternatives and was told about the payment in -lieu; however,
when he saw the amount that he would have to pay he was very reluctant because of the
very high cost. Mr. Sherwood stated through numerous delays in being able to get an
answer on the easement issue, etc. and their delay in getting under construction, he is
requesting a deferral of the sidewalk.
Mayor Glickstein declared the public hearing open.
Christina Morrison, 2809 Florida Boulevard, #207, Delray Beach, FL
33483, stated there has never been a sidewalk on Vista Del Mar. Ms. Morrison stated if
Mr. Sherwood were going to install the sidewalks, the sidewalks would not connect with
anything. She feels that it does not seem fair to enact something on Mr. Sherwood that
really came in right in the middle of his building and urged the City Commission to
reconsider this.
There being no one else from the public who wished to address the
Commission regarding the sidewalk deferral and easement deed, the public comment was
closed.
There was no cross-examination or rebuttal.
Deputy Vice Mayor Jarjum stated given the unique nature of this applicant
and the fact that this was first started December 19, 2013 and issues on both sides
(whether it is the city side or personal issues going on) she supports following the
original approval process from 2013 versus the in -lieu fee now.
Mayor Glickstein inquired about the easement. Mr. McDonnell stated if
there is room in the right-of-way the sidewalk is typically put in the right-of-way. Mr.
Krejcarek stated the easement was requested because the existing right-of-way is not
ample to support the street, swale and sidewalk.
Vice Mayor Petrolia asked whether or not it was the City that did this or
was it the applicant that did not submit their application in for the deferral in the
timeframe before we actually made this change.
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Mayor Glickstein stated it is really not when the applicant requested the
sidewalk deferral, but it is when the applicant submitted for permit particularly in the
beach area where there is a two-part review. Furthermore, Mayor Glickstein stated this
board has been consistent in those areas where a permit request is made and they cannot
change the rules midstream. He stated the permit was submitted in 2013.
The City Attorney briefly reviewed the Board Order with the Commission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
Mr. Frankel moved to adopt the Board Order denying the in -lieu fee,
seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Mr.
Frankel — Yes; Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor
Petrolia — Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote.
Deputy Vice Mayor Jarjura moved to approve the sidewalk deferral
agreement with the applicant, seconded by Mr. Frankel. Upon roll call the Commission
voted as follows: Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice
Mayor Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a
5 to 0 vote.
9.E. PARKING COMPLIANCE AGREEMENT/THE METROPOLITAN
AT DELRAY, LLC AND SUNTRUST BANK: Consider approval of a request for a
parking compliance agreement with The Metropolitan at Delray, LLC and SunTrust
Bank.
Mark McDonnell, Assistant Planning and Zoning Director, stated this is a
Parking Compliance Agreement at Delray, LLC and SunTrust Bank. Mr. McDonnell
displayed an aerial of the property and noted that there is a large surface parking lot that
is associated with the bank and a new development is being proposed. He stated the
purpose of this item is to make sure that if Metropolitan develops on this surface lot, will
the bank have sufficient parking to remain compliant. Mr. McDonnell stated the property
they are discussing about developing with Metropolitan as parcels 1 and 8 for the
construction of the Metropolitan; however, a Parking Compliance Agreement needed to
be prepared to ensure the SunTrust Bank would be accommodated with the future
construction of the Metropolitan mixed use development so that both properties will be
compliant. Mr. McDonnell stated this is one of three applications that were submitted
prior to the enactment of Zoning in Progress while the CBD LDRs were being modified.
He stated this particular application has in good faith continued going forward per the
prior LDRs for this development. A Parking Compliance Agreement has been prepared
to assure that off-site parking for Suntrust Bank is accommodated with the future
construction of the Metropolitan mixed-use development, in order to maintain parking
compliance for both sites. Mr. McDonnell stated the owner of the Metropolitan will also
construct seven (7) parking spaces within an easement adjacent to the public right-of-way
of the existing alley and noted that these spaces will not be for the Metropolitan, but will
be for the SunTrust Bank and appropriately signed. Mr. McDonnell stated the eight (8)
spaces and the seven (7) spaces in the nortb/south alley adjacent to the project
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Metropolitan will make up that fifteen (15) space deficit. Staff recommends approval of
the request of the parking compliance agreement between the Metropolitan, Suntrust
Bank and the City of Delray Beach.
Mr. Frankel moved to approve the parking compliance agreement between
the Metropolitan, Suntrust Bank and the City of Delray Beach, seconded by Deputy Vice
Mayor Jarjura. Upon roll call the Commission voted as follows: Mayor Glickstein —
Yes; Vice Mayor Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Deputy Vice
Mayor Jarjura — Yes. Said motion passed with a 5 to 0 vote.
9_F. ADVANCED APPROVAL FOR FY 2015
EXPENDITURES/INNOVATIVE METERING SOLUTIONS, INC.: Consider
advanced approval for FY 2015 spending with Innovative Metering Solutions, Inc. for
subsequent phases of the Meter Replacement and Advanced Metering Infrastructure
(AMI) project (P/N 2012-013), subject to future funding appropriations as approved
through the Capital Improvement Program, not to exceed the bid amount of
$5,145,995.70. This recommendation is in compliance with the Code of Ordinances,
Chapter 36, Section 36.02(6)(a), "Sole Source", Section 36.06(A)(2), "Within the Scope
of Work", and Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding
Twenty-Five Thousand Dollars ($25,000.00)".
Randal Krejcarek, Director of Environmental Services, stated this item is a
request to advance the purchase and 'installation of the City's Advanced Metering System
for water meters throughout the entire city. Mr. Krejcarek stated the Commission
approved the initial contract in January 2013 and it was set up as a five (5) year program.
Staff requests to make this a two (2) year project versus a five (5) year project; and, for
additional expenditures for their daily operations of purchasing the same meters.
Deputy Vice Mayor Jarjura asked what happened to the meters that were
removed and replaced. Mr. Krejearek stated the meters come back to the city and there is
a process to dispose of them. Mr. Krejcarek stated he will have to verify whether or not
the City is getting anything for them when the meters are disposed of.
Vice Mayor Petrolia stated this is being done because of the understanding
that the City was losing a lot of water because it was not being metered properly. She
asked if the Commission will get some sort of a response as to how we have captured that
because of the amount we have put into it. Mr. Krejcarek stated several years ago staff
did a study and found that the City's water loss was above the average for this project;
when staff completes all the meter replacements they will get a before and after reading
to see what the difference is.
Vice Mayor Petrolia moved to approve an expenditure limit and additional
funding to the contract with Innovative Metering Solutions, Inc. for acceleration of the
Water Meter Replacement and Advanced Metering Infrastructure, seconded by Deputy
Vice Mayor Jarjura. Upon roll call the Commission voted as follows: Vice Mayor
Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Deputy Vice Mayor Jarjura — Yes;
Mayor Glickstein — Yes. Said motion passed with a 5 to 0 vote.
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9_G. CHANGE ORDER NO. 1/J.W. CHEATHAM, LLC./ STREET
RESURFACING PROJECT: Consider approval of Change Order No. 1 to J.W.
Cheatham, LLC in the amount of $134,747.50 for additional street resurfacing associated
with the annual Street Resurfacing Project (P/N 2014-022). This recommendation is in
compliance with the Code of Ordinances, Chapter 36, Section 36.06(A)(1), "Change
Orders; Beyond the Scope of Work", and 36.06(A)(3), "Change Orders, Extension of
Completion Dates". Funding is available from account numbers 334-3162-541-61.17
(General Construction Fund: Capital Outlay/ Street Reconstruction) and 448-5461-538-
63.90 (Storm Water Utility Fund: Improvements Other/ Other Improvements).
Randal Krejcarek, Director of Environmental Services, stated this is a
change order to the City's annual resurfacing contract that was awarded a few months
ago. Mr. Krejcarek stated in working with the Finance Department staff was able to
identify a few more dollars and be able to add some additional streets to the contract. Mr.
Krejcarek stated when the contractor starts work it will take him about six (6) weeks to
do the work within the total contract.
Vice Mayor Petrolia moved to approve Change Order No. 13W.
Cheatham, L.L.C./Street Resurfacing Project, seconded by Deputy Vice Mayor Jarjura.
Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes;
Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes.
Said motion passed with a 5 to 0 vote.
9.H. SERVICE AUTHORIZATION NO. 12-06.1 [MATHEWS
CONSULTING, INC. FOR WATER METER REPLACEMENT /ADVANCED
METERING INFRASTRUCTURE (AMI) SYSTEM: Consider approval of Service
Authorization No. 12-06.1 with the Mathews Consulting, Inc. in the amount of
$59,489.00 for professional construction administration and engineering services related
to implementing Phase 2 of the Water Meter Replacement/Advanced Metering
Infrastructure (AMI) Project No. 2012-013. This recommendation for approval is in
compliance with the Code of Ordinances, Chapter 36, Section 36.02(C), "Professional
Services". Funding is available from 442-5178-536-64.46 (Water and Sewer Fund:
Automatic Meter Reading).
Randal Krejcarek, Director of Environmental Services, stated this is a
companion to the 9.F. item because the City is advancing the installation of all the
meters. Staff would like to engage Mathews Consulting, Inc. who has been the City's
consultant through this entire process of not only trying to select the right system, but
also putting the bid documents together. Mr. Krejcarek stated now staff recommends
hiring Mathews Consulting, Inc. for the construction administration of the installation of
the meters that the City Commission approved (Item 9.F.).
Vice Mayor Petrolia moved to approve Service Authorization with
Mathews Consulting, Inc. in the amount of $59,489 for construction and engineering
services related to implementing Phase 2 of the Water Meter Replacement/Advanced
Metering Infrastructure (AMI) Project No. 2012-013, seconded by Deputy Vice Mayor
Jarjura. Upon roll call the Commission voted as follows: Mr. Frankel - Yes; Deputy
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Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Mr.
Jacquet — Yes. Said motion passed with a 5 to 0 vote.
9.H.1. FRANCHISE AGREEMENT/ SOUTHERN WASTE SYSTEMS
LLC./ SOLID WASTE AND RECYCLABLE MATERIALS: Consider approval of
the Solid Waste and Recyclable Materials Franchise Agreement with Southern Waste
Systems, LLC.
Holly Vath, Chief Purchasing Officer, stated the City Commission met on
February 4, 2015 and ranked Southern Waste Systems (SWS) as the top ranked vendor in
the response to RFP #2014-038 Solid Waste and Recyclable materials. Ms. Vath stated
the proforma franchise agreement was included in the RFP solicitation and the franchise
agreement is before the City Commission for approval. She stated the redlined version of
the franchise agreement was included in the Agenda packets and noted that Southern
Waste Systems will begin collection on June 1, 2015 and the estimated annual cost of the
agreement is $6.9 million. Staff requests approval of the Solid Waste and Recyclable
materials/franchise agreement with Southern Waste Systems.
Vice Mayor Petrolia inquired about the timeframe for the hours of
collection in residential. Ms. Vath stated her understanding from the presentations is that
their employees actually start at 6:00 a.m.; however, they do not start picking up until
7:00 a.m. because they have a safety meeting between 6:00 a.m. — 7:00 a.m. Vice Mayor
Petrolia asked if this is going to be provided to us by the new company. Ms. Vath stated
the City keeps the residential list and as new homes come on with a Certificate of
Occupancy (CO) there is a monthly process where the City will reconcile with the waste
hauler and will be reconciling with Southern Waste what those new additions to the
residential are. Vice Mayor Petrolia made reference to page 33, the containers, and stated
now that the garbage carts are paid for by the City and there was an actual cart fee; one of
the things that was leftover was $1.2 million in cart fees. Vice Mayor Petrolia asked
what will happen to that allocated amount of money that was set aside for those people
that were paying into the fund. Mr. Warner stated the money is a balance in the
Sanitation Fund and it will stay there. Mr. Warner stated with this procurement the
responsibility has been switched from the City to the contractor; the contractor included
in their bid that the contractor is now responsible for providing trash carts to all of the
residential customers. Mr. Warner stated the twenty-five ($25) dollars the customer at
their choice may want a different cart from the one that they currently have supplied to
them.
Brief discussion between Vice Mayor Petrolia, Mr. Warner, and the City
Attorney followed.
The City Attorney stated for the life of the agreement if a cart is stolen or
damaged beyond repair there is no cost. However, the City Attorney stated if the
customer wishes to purchase one for whatever reason, then it would refer back to page
27.4 on page 36.
Brief discussion by the Commission followed.
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Vice Mayor Petrolia asked that the City Manager to look into the amount
of money that was accumulated by the people.
With respect to Vice Mayor Petrolia's comments on Exhibit 13, Deputy
Vice Mayor Jarjura stated she concurs with paragraph 8 and 10 that have specific
allocations to specific events $10,000 each year including but not limited to for paragraph
10; however, for paragraph 8 she did not see that caveat. Deputy Vice Mayor Jarjura
stated she thought there was a contribution to Carver Middle School (and Pine Grove),
and the hiring.
Anthony Badala, Southern Waste Systems (SWS), stated when they
submitted the RFP the optional benefits that are listed were within the RFP. Mr. Badala
stated since he submitted the RFP, he will continue to do so and look for other benefits
within the City to work with. MY. Badala stated Carver Middle School has a letter signed
by him that they will support them on a yearly basis. He stated he toured the school and
they have a commitment from him on a yearly basis to support them.
Deputy Vice Mayor Jarjura stated she supports adding that language in the
contract as well because it was her understanding that they did have a commitment. Brief
discussion between the City Attorney and Deputy Vice Mayor Jarjura followed.
The City Manager stated in the administration of these you begin at the
beginning of the fiscal year; usually a date is set and they make a payment in the first
quarter. The City Manager stated the fiscal year for the City is October 1St and he would
expect the last quarter of the calendar year and thereafter annually the payment be
required to be made.
Deputy Vice Mayor Jarjura asked where SWS is in preparing for the
transition because they made statements on the record that they would order the trucks
immediately upon getting the award and if Waste Management has been helpful in terms
with that transition because they also made statements on the record that they would
support. Mr. Badala is the operations part and he did so with the Solid Waste Authority
transition with respect to hiring the drivers to ordering the trucks. Mr. Badala stated the
day the City Commission approved/ranked them 41, the trucks were ordered the next
morning; the first few trucks should be flowing in within the next 2-3 weeks. He stated
they fully anticipate all the vehicles in the yard before the timeline that they indicated.
Mr. Badala stated after tonight he will reach out to Waste Management to see if they will
allow them to come in and actually speak with their drivers and offer them the positions
among the guidelines with the incentive bonuses that they anticipate to give them.
Deputy Vice Mayor Jarjura in terms of Waste Management providing the
information that SWS needs to make the transition and also if there is any equipment that
could be purchased, the City Manager stated staff has scheduled a transition meeting for
next week pending approval tonight. At that point, the City Manager stated staff will
provide updates on a thirty (3 0) day basis to the City Commission in the development of
that transition plan. The City Manager stated he believes Waste Management on their
existing franchise must provide that list.
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Mayor Glickstein inquired about the dumpster sale/commercial containers
and asked what would happen if Waste Management indicates that they are not selling
them. Mr. Badala stated Southern Waste Systems has spoken to Waste Management and
they have indicated that they are will work with them. The City Manager stated there is a
requirement that Southern Waste Systems maintains the dumpsters in good operating
condition. Mayor Glickstein suggested that when Southern Waste Systems makes that
transition that they do an audit of what they are buying and determine what can stay and
what needs to be replaced. Mr. Badala stated their equipment is impeccable so if there is
anything in question or anything that is a health issue, it will be swapped out. Mayor
Glickstein suggested that on page 91, Section "M" that the word "enough" is changed to
"necessary." The City Attorney so noted.
Vice Mayor Petrolia moved to approve the franchise agreement, seconded
by Deputy Vice Mayor Jarjura. Upon roll call the Commission voted as follows: Deputy
Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Mr.
Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote.
9_J. THIS ITEM HAS BEEN TABLED TO A DATE CERTAIN OF
MARCH 31.2015.
9.K. RESOLUTION NO. 08-15/AUTHORIZING CORRECTIVE OUIT
CLAIM DEED/HISTORIC DEPOT SQUARE PLAT: Consider approval of
Resolution No. 08-15 authorizing a corrective quit claim deed in connection with the
prior exchange of property at Historic Depot Square; and motion to accept a special
warranty deed from Depot Industrial Center, LLC for the dedication of Roadway; and
amendment to Roadway Improvement Agreement.
office.)
The caption of Resolution No. 08-15 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, CORRECTING
A SCRIVENERS SURVEYING ERROR CONTAINED
IN THE LEGAL DESCRIPTION ATTACHED TO
RESOLUTION NO. 30-11 ADOPTED BY THE CITY ON
AUGUST 2, 2011 RELATING TO AN AGREEMENT
FOR THE EXCHANGE OF REAL PROPERTY AND
ABANDONMENT OF RIGHT-OF-WAY IN
CONNECTION WITH THE PLAT OF HISTORIC
DEPOT SQUARE; AUTHORIZING A CONVEYANCE,
BY CORRECTIVE QUIT CLAIM DEED, TO DEPOT
INDUSTRIAL CENTER, LLC, WITH THE
CORRECTED LEGAL DESCRIPTION; AND
PROVIDING AN EFFECTIVE DATE.
(The official copy of Resolution No. 08-15 is on file in the City Clerk's
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The City Attorney stated this item pertains to the historic depot plat and it
was brought to his attention several months ago that there was a scrivener's error with
respect to one of the legal descriptions. The City Attorney stated before he started, the
City entered into an exchange agreement and some of the land the City got was from
FDOT and the City did an exchange agreement so that FDOT could go ahead and move
forward with the development. The City Attorney stated it was recently determined that
the deed the City used in that exchange agreement had used inappropriate references and
markers. Therefore, the City Attorney stated there is a scrivener's error in that legal
description and in order to solve the problem the following series of corrective actions
needs to be done: (1) anew resolution authorizing a corrective deed, (2) the developer
has to convey back to the city a small quantity of land, and (3) do an abandonment of
right-of-way. The City Attorney stated when this was originally contemplated, that
abandonment of right-of-way affected an adjacent neighbor and he told the developer that
he would need to get the consent of this adjacent neighbor. Furthermore, the City
Attorney stated the developer and the adjacent property owner did not only dispute
whether or not the abandonment of that right-of-way, but they dispute other issues with
respect to this property. The City Attorney stated tonight he would like to give the
property owner and the adjacent owner an opportunity to resolve their issue; there is an
Amendment to the Roadway Improvement Agreement on the Agenda which would
extend the time for the developer to construct the road from August 2015 through August
2017. The City Attorney stated he talked to counsel for the adjacent property owner and
they have no objection. Therefore, the City Attorney stated he would like to amend the
Agenda item to move approval of the amended traffic way improvement agreement. In
addition, the City Attorney stated now that he is aware that there is a scrivener's error in
the prior City deed that needs to be resolved in due course. The City Attorney stated he
is hopeful that the two adjacent owners can speak and resolve whatever issues they have
that goes beyond this title issue. If they are not successful, the City Attorney stated he
will prepare a subsequent Agenda item for this Commission that just resolves the
scrivener's error that does so in a way that is neutral with respect to the dispute of the
parties.
Deputy Vice Mayor Jarjura strongly encouraged the applicant and the
adjacent property owner to get together and reach an agreement so that the City can move
forward and that we do not have inconsistent uses and impacts to that. She stated the
City is going to have residential use with an industrial/commercial use and she would like
access issues to be resolved.
Vice Mayor Petrolia moved to approve the amended Roadway
Improvement Agreement, seconded by Mr. Frankel. Upon roll call the Commission
voted as follows: Mayor Glickstein — Yes; Vice Mayor Petrolia — Yes; Mr. Jacquet —
Yes; Mr. Frankel — Yes; Deputy Vice Mayor Jarjura — Yes. Said motion passed with a 5
to 0 vote.
9_L. DESIGNATION OF CITY REPRESENTATIVE FOR BALLOT
CANVASSING FOR THE MARCH 10, 2015 MUNICIPAL ELECTION: Consider
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designating a representative for ballot canvassing for the March 10, 2015 Municipal
Election.
Chevelle D. Nubin, City Clerk stated Article V of the City Charter states
that the City Commission sits as the canvassing board and it has become a requirement
that a representative of the municipalities canvassing board be present at the time that the
City's absentee ballots are canvassed. She stated there is one that occurs on Friday,
March 6, 2015 at 10:00 a.m. and it also happens on Election night and not only will it be
absentee ballots at that time, but there will also be provisional ballots.
Deputy Vice Mayor Jarjura moved to approve to designate the City Clerk
as representative for ballot canvassing for the March 10, 2015 Municipal Election,
seconded by Vice Mayor Petrolia. Upon roll call the Commission voted as follows: Vice
Mayor Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Deputy Vice Mayor Jarjura
— Yes; Mayor Glickstein — Yes. Said motion passed with a 5 to 0 vote.
9.M. APPROVAL OF RFP NO. 2015-07/JANITORIAL SERVICES:
Consider approval of ranking recommendation and award of a two-year contract with one
additional two-year renewal option, for janitorial services (RFP No. 2015-07) to United
States Services, Inc. and American Facility Services, Inc. in an annual amount not to
exceed $172,000.00. This award is in compliance with the Code of Ordinances, Chapter
36, Section 36.02(A), "Sealed Competitive Method". Funding is available from various
departmental operating budgets.
Holly Vath, Purchasing Officer stated this item is a request for approval
for the ranking of RFP No. 2015-07 janitorial services. Ms. Vath stated the City received
nine (9) proposals and the Selection Committee short-listed those proposals to five (5)
proposals and they heard presentations from those five (5) and the top two (2) ranked
firms are United States Services, Inc. and American Facilities Services. Ms. Vath stated
the Selection Committee recommends awarding it to both vendors; staff has divided up
the janitorial areas of the city into two (2) areas; Area "A" and Area "B". She stated
Untied States Services, Inc. will be servicing Area `B" (Police Department, Police
Substation, Fire -Rescue Headquarters, and all the ESD buildings, and the Water
Treatment Plant) and American Facility Services, Inc. will be servicing Area "A" (City
Hall, IT, City Attorney's office, Records Warehouse, Risk Management, Community
Land Trust offices, Neighborhood Resource Center offices, the Ocean Rescue Beach
Headquarters, Employee Wellness Center, and the City Marina). Staff recommends
approval of RFP No. 2015-07.
Deputy Vice Mayor Jarjura asked if we have the staff to do these services
in-house. The City Manager stated that the City does not have the staff to do this in-
house and noted it has to be outsourced.
Mr. Frankel moved to approve RFP No. 2015-07 for janitorial services to
United States Services, Inc. and American Facility Services, Inc., seconded by Deputy
Vice Mayor Jarjura. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes;
Mr. Frankel — Yes; Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes; Vice
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Mayor Petrolia — Yes. Said motion passed with a 5 to 0 vote.
10. PUBLIC HEARINGS:
A. None
12. FIRST READINGS:
11.A. ORDINANCE NO. 08-15 (FIRST READING): Consider an
amendment to Chapter 71, "Parking Regulations'; amending Section 71.060, "Parking
Meter Permits", Subsection (E); allowing for prorating of the cost of Annual Parking
Permits and Senior Beach Permits after April 1 of each year; providing a Saving Clause,
a General Repealer Clause, and an Effective Date.. If passed, a public hearing will be
held on March 31, 2015.
office.)
The caption of Ordinance No. 08-15 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE CODE OF ORDINANCES OF
DELRAY BEACH, FLORIDA, BY AMENDING
CHAPTER 71, "PARKING REGULATIONS';
AMENDING SECTION 71.060, "PARKING METER
PERMITS", SUBSECTION (E); ALLOWING FOR
PRORATING OF THE COST OF ANNUAL PARKING
PERMITS AND SENIOR BEACH PERMITS AFTER
APRIL 1 OF EACH YEAR; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 08-15 is on file in the City Clerk's
The City Attorney read the caption of the ordinance.
Randal Krejcarek, Director of Environmental Services, stated this was
initiated several months ago when a request came in for the possibility of doing proration
on the beach permits. Mr. Krejcarek stated this would be a one -tier proration where once
you hit the six (6) month mark in the year the proration will be half. The permits are
currently valid from October 1st to September 30a` which is the current fiscal year. The
regular permits are $90.00 plus tax; the senior permit is $95.00 plus tax. Mr. Krejcarek
stated the difference is that the senior permit allows those 62 and older to park in the
parallel spaces on A -1-A. He stated the proposed ordinance is going to have a second tier
which would be the second half of the year starting April 1St where the regular permits
will be half and the senior permits will be half price.
33
03/03/15
Vice Mayor Petrolia asked if the fees for October to April will be prorated
or is it just going to be April through September. Mr. Krejcarek stated these are annual
passes so someone can buy either an annual pass for the entire year starting October 1St or
if you buy a pass April 1St or later then you pay half. He stated there is no proposal in this
ordinance to do a half price from October to April.
Mr. Frankel moved to approve Ordinance No. 08-15 on FIRST Reading,
seconded by Deputy Vice Mayor Jarjura. Upon roll call the Commission voted as
follows: Mr. Frankel — Yes; Deputy Vice Mayor Jarjura — Yes; Mayor Glickstein — Yes;
Vice Mayor Petrolia — Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote.
12. COMMENTS AND INQUIRIES ON NON -AGENDA ITEMS.
12.A.
City Manager
None.
12.B.
City Attorney
None.
12_C.
City Commission
12.C.1.
Mr. Frankel
Mr. Frankel commented about the homeless issue and expressed concern
over a group of young boys/street kids. He stated this issue may escalate if some
proactive measures are not taken.
Secondly, Mr. Frankel stated on Atlantic Avenue downtown they are
enforcing the jaywalking; however, the trolleys stop wherever they want and let people
out who are just going to walk across the street. The City Manager stated this will be part
of the overall discussion of the no left turns because it involves the overall traffic flow.
Lastly, Mr. Frankel stated this is his last regular meeting and he looks
forward to seeing the new Commission at the end of the month.
12.C.2. Deputy Vice Mayor Jariura
Deputy Vice Mayor Jarjura stated it has been an interesting pleasure to get
to know him over the past year. She stated Mr. Frankel's decorum, civility, and sense of
humor has been a way to move the hours along.
Secondly, with regard the Workshop meeting on no left turns off Atlantic
Avenue, she concurs with Jim Smith's suggestion that if the City is going to institute a
policy it is about edifying the public and making sure there is appropriate signage at the
34
03/03/15
proper points. Deputy Vice Mayor Jarjura stated she would like the signage to be
consolidated and unified and she would like to make sure the signage is at the appropriate
place so that the cars will move off Atlantic Avenue. The City Manager stated to make
this work staff has to present a signage plan. Deputy Vice Mayor Jarjura stated she likes
the idea of a pedestrian alert that this is a pedestrian priority zone. Deputy Vice Mayor
Jarjura stated the City is looking at improving the pedestrian experience by realigning
shrinking the Swinton/Atlantic Avenue area and putting in additional crosswalks.
With respect to the Lake Ida property, Deputy Vice Mayor Jarjura stated
at the last meeting there was consensus of the City Commission that Delray Beach is
interested in potentially doing a joint venture or partnership with Boynton Beach and
since Boynton Beach is not interested and Mr. Levy is willing to do a partnership with
the city.
Mayor Glickstein directed the City Manager to send the County a letter
this week to ask them for more time and inform them that the City Commission will
discuss the acquisition for the 4.8 acre parcel next month at the Workshop meeting of
April 14, 2015. Mayor Glickstein stated he would not be supporting investment in this
property for another passive park along the magnitudes that have been discussed; if it is
something the City can buy and leave it as a natural wildlife habitat combined with the
offer that has been made, it is worthy of further discussion. Deputy Vice Mayor Jarjura
stated it will not be cheap if the City has to turn the property into a passive park maintain
it, and secure it but she supports keeping it as it currently is and its potential down the
road if the City can get it for the price with the partnership.
12.C.3. Vice Mayor Petrolia
Vice Mayor Petrolia stated she concurs with comments expressed by
Deputy Vice Mayor Jarjura and Mayor Glickstein. Vice Mayor Petrolia stated she
believes what was envisioned for this property was something that is very low
maintenance.
Secondly, Vice Mayor Petrolia commented about Item 8.G., Lease
Agreement with the Pineapple Grove Holdings, LLC and stated the City has
approximately 260 parcels/buildings and expressed concern that the City is also spending
$50,000.00 for rental of the Employee Health and Wellness Center. The City Manager
stated there may be a facility that can be converted for the Employee Health and
Wellness Center.
Vice Mayor Petrolia stated Mr. Fred Kent with the Lecture Series was an
excellent speaker and had great ideas about how to make this city more inclusive versus
exclusive and where the areas of gaps are. Vice Mayor Petrolia stated it would be great
to invite Mr. Kent back to talk to everyone as a group.
35
03/03/15
12.C.4. Mr. Jacquet
Mr. Jacquet thanked the Commission for their willingness to explore the
Sister Cities for Haiti. For the record, Mr. Jacquet stated on March 31, 2015 the Sister
Cities Board is going to come to the City Commission and find some made up reason as
to why they do not want to go forward. Mr. Jacquet stated he saw more support for a
Haitian Sister City tonight than he has seen for all the other Sister Cities we have
combined. Mr. Jacquet stated he hopes that if the rest of the City Commission is serious
in their commitment to this that they are not going to allow a sub -committee that is there
to give the City Commission a recommendation and dictate what the City Commission
does and what is in the best interest of this city. Mr. Jacquet stated he looks forward to
this Commission's continued support on the Sister Cities for Haiti issue.
Secondly, Mr. Jacquet thanked Mr. Frankel for his many years of service
with the city. Mr. Jacquet stated although they have agreed and disagreed. Mr. Jacquet
stated he appreciates that at the end of the day Mr. Frankel still remained steadfast to
serving the city and it did not matter if the person agreed or disagreed, Mr. Frankel still
saw them as his colleague.
12.C.5. Mayor Glickstein
Mayor Glickstein asked what the estimated timing of the Comprehensive
Facility Study is. The City Manager stated RFP's or RFQ's are out for 30-45 days and he
expects it to come back in May. Mayor Glickstein asked from May how long will it take
to do the study. The City Manager stated from May it will take approximately a
maximum 90-120 days may be less depending on the firm.
Secondly, Mayor Glickstein asked about the status of the dune
maintenance. The City Manager stated he will get back to the City Commission about
this.
Mayor Glickstein confirmed that it was the consensus of the City
Commission to place an item to discuss prohibiting left turns on Atlantic Avenue on the
Workshop agenda for April 14, 2015 and that the merchants are included as well.
He stated the bonding issue on the item that came up tonight is something
that does not have to be on a Workshop meeting but should be an ordinance. In addition,
Mayor Glickstein stated in the context of eliminating this ability demolition by neglect
and noted that those two are intricately related.
Mayor Glickstein stated the piece of the LDRs that requires the green
certification for anything over 50,000 feet was somewhat of a template of Miami Beach.
He stated Miami Beach passed an ordinance in August 2014 where they eliminated
Styrofoam containers at all city parks, events, buildings, and sidewalk cafes. He stated
essentially if you are using public right-of-way you cannot use a Styrofoam container
either in the restaurant or for takeout. Mayor Glickstein suggested that this issue be an
36
03/03/15
item on the Workshop meeting of April 14, 2015. Mayor Glickstein stated the top ten
items found the first is cigarette butts the second is the Styrofoam food containers.
Lastly, Mayor Glickstein stated although he and Commissioner Frankel
have not always agreed, he appreciates Commissioner Frankel's professionalism and
decorum on the dais and wished him well.
There being no further business, Mayor Glickstein declared the meeting
adjourned at 10:58 p.m.
ATTEST:
J
N
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 March 3, 2015, which Minutes were formally approved and adopted by the City
Commission on November 3, 2015.
z) , ,V
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.
37
03/03/15
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
MARC JULIEN HOMES; LLC,
Appellant,
vs.
CITY OF DELRAY BEACH,
Appellee.
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. This appeal of a denial of a Certificate of Appropriateness for partial
demolition and relocation of a contributing structure on the property located at 218 NE
5t1' Court, Del Ida Park Historic District, has come before the City Commission on March
3 2015
2. The Appellant, Appellee and City staff presented documentary evidence
and testimony to the City Commission pertaining to the appeal of the certificate of
appropriateness in this matter. All of the evidence is part of the record in this case.
Required findings are made in accordance with Subsections Land ll.
I. COMPREHENSIVE PLAN:
a. Pursuant to the Future Land Use Element, Objective A-4, the
redevelopment of land and buildings shall provide for the preservation of historic
resources. The objective shall be met through continued adherence to the City's
Historic Preservation Ordinance and, where applicable, to the architectural design
guidelines.
b. Pursuant to the Future Land Use Element, Policy A-4.1, prior to
approval or recommending approval of any land use or development application for
property located within a historic district or designated as a historic site, the Historic
Preservation Board must make a finding that the requested action is consistent with the
provisions of Section 4:5.1 of the Land Development Regulations relating to historic
sites and districts and the 'Delray Beach Design Guidelines".
City Commission Regular Meeting 03-03-15
Item 9A.2
C. Pursuant to the Housing Element, Objective A-9, the City shall support
the conservation and rehabilitation of historically significant housing, especially where
such housing is an identifying characteristic of a particular neighborhood.
Is the Certificate of Appropriateness for demolition consistent with
and does it further the policies and objectives of the Comprehensive Plan?
✓ No
II. LAND DEVELOPMENT REGULATIONS:
Pursuant to LDR Section 4.5.1(E)(5), a historic site, or building, structure,
improvement, or appurtenance within a historic district shall only be altered, restored,
preserved, repaired, relocated, demolished, or otherwise changed in accordance with
the Secretary of the Interior's Standards for Rehabilitation, as amended from time to
time.
Are the requirements of LDR Section 4.5.1(E)(5) met?
Yes ✓ No
3. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the original site plan was submitted.
4. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record 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_ the appeal and hereby adopts this Order this 3rd day of March, 2015, by a
vote of 5 in favor and 0 opposed.
ATTEST:
Chevelle Nubin, City Clerk
r
Cary icks in, ayor
2 City Commission Regular Meeting 03-03-15
Item 9.A.2
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
CONDITIONAL USE REQUEST FOR PREMIER STONEWORKS
AT 1455 SW 4TH AVENUE
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. This conditional use request came before the City Commission on March
3, 2015.. This conditional use request is to allow a concrete product manufacturing
business to be established at 1455 SW 4th Avenue.
2. The City staff and Applicant presented documentary evidence and
testimony to the City Commission pertaining to the conditional use request for Premier
Stoneworks. All of the evidence is a part of the record in this case. Required findings
are made in accordance with Sections I and ll.
L 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 ✓ No
City Commission Regular Meeling 03-03-15
Item 93-
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
Map. The subject property has a Future Land Use Map designation of IND (Industrial)
and a zoning designation of I (Industrial).
Is the project's proposed location consistent with the Future Land
Use Map?
Yes ✓ No
a 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 ✓ No
VJ
City Commission Regular Meelfng 03-0315
Item 9.B.
d, Consistency: Will the granting of the conditional use be consistent with
and further the goals and policies of the Comprehensive Plan?
Yes ✓ No
il. 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:
L 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 Section 2.4.5(E)(5) met?
Yes ✓ No
3. The comments and notes set forth in the staff report are hereby
incorporated herein.
4. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the conditional use request was submitted.
5. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports and testimony of experts and
other competent witnesses supporting these findings.
3
City Commission Regular Meeling 03-03-15
Item 9.6..
6. Based on the entire record before it, the City Commission approves ✓
denies — the conditional use request set forth above subject to the conditions set
forth in Exhibit A, attached hereto and made a part hereof, and hereby adopts this order
this 3rd day of March, 2015, by a vote of 5 in favor and 0 opposed.
ATTEST: Cary 11. Gf ks in, Mayor
Chevelle Nubin
City Clerk
4
City Commission Regular Meeting 03-03-15
Item 9.8.
EXHIBIT A
TO THE CONDITIONAL USE REQUEST FOR PREMIER STONEWORKS
1. That the outdoor manufacturing area is limited to the area identified on the site
plan as 625 sq. ft. and the provision of two electric mixers.
2. That the four (4) parallel parking spaces shall be striped to meet the minimum
parking dimensions of 8' by 22' and is dimensioned as such on the site plan.
3. That the existing hedge along the front property line is allowed to grow and be
maintained at the same height of the existing 6' high chain link fence,
4. That the site plan shall be revised to note that no storage shall be allowed within
the 10' side or rear setback areas.
5. That the existing chain link fence located between the building and the south
property line is replaced with a wood fence and such is shown on the site plan.
G. That a plumbing plan is provided that shows how the water discharge from the
mixer is accommodated.
61
City Commi"lon Regular Meeting 03-6;+-15
item 8.6;
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
CONDITIONAL USE REQUEST FOR JEAN 3:16 EVANGELICAL BAPTIST CHURCH
AT 620 BLUEBIRD DRIVE
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. This conditional use request came before the City Commission on March
3, 2015. This conditional use request is to allow Jean 3:16 Evangelical Baptist Church
located at 620 Bluebird Drive to build a 5,440 square foot addition.
2. The City staff and Applicant presented documentary evidence and
testimony to the City Commission pertaining to the conditional use request for Jean 3:16
Evangelical Baptist Church. All of the evidence is a part of the record in this case.
Required findings are made in accordance with Sections I and II:
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.
Is Future Land Use Element ObjectiveA-1 met?
Yes ✓ No
Clly Commlwlon Regular Meeting 03-03.15
Item 9.c.
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
Map. The subject property has a Future Land Use Map designation of LD (Low Density
Residential) and a zoning designation of R -1 -AA (Single Family Residential).
Is the project's proposed location consistent with the Future Land
Use Map?
Yes ✓ No
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 andfor development application will not exceed the
ability of the City to fund and provide, or to require the provision of, needed capital
improvements for the following areas:
Are the concurrency requirements met with respect to water, sewer,
drainage, streets and traffic, parks, open space, solid waste, and
schools?
Yes ✓ No
2
City Commission Regular Meeting 03-03-15
Item 9.C.
d: Consistency: Will the granting of the conditional use be consistent with
and further the goals and policies of the Comprehensive Plan?
Yes ✓ No
11. 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:
is 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 Section 2.4.5(E)(5) met?
Yes ✓ No
3. The comments and notes set forth in the staff report are hereby
incorporated herein.
4. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the conditional use request was submitted.
5. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports and testimony of experts and
other competent witnesses supporting these findings.
3
City QammInIon R"ular 69ee5ng 03-93.15
Item 9A.
6. Based on the entire record before it, the City Commission approves ✓
denies _ the conditional use request set forth above subject to the conditions set
forth in Exhibit A, attached hereto and made a part hereof, and hereby adopts this order
this 3rd day of March, 2015, by a vote of 5 in favor and 0 opposed.
TTEST:
Chevelle Nubin
City Clerk
H
Cary D. GI in, Mayor
City Commission Regular Meeting 63-03-15
Item 9.C.
EXHIBIT A
TO THE CONDITIONAL USE REQUEST FOR JEAN 3:16 EVANGELICAL BAPTIST
CHURCH
That a Class IV site plan modification for review and approval by SPRAB shall be
submitted addressing all technical items contained in this staff report and attached in
Appendix "A";
2. A detail of any proposed wall mounted light fixtures and a detail of the proposed light
pole must be provided;
3. That adequate screening must be provided for the dumpster enclosure and a detail
of the proposed dumpster that includes the recycle bins location must be provided;
4. That the 38 parking spaces labeled as sod parking spaces must be provided with a
hard surface material (such as brick, turf block, or a surface of sod over stabilized
base) acceptable to the City Engineer;
5. That the maximum seating capacity for the sanctuary be limited to 291 seats; and
6. That parking on any grass area of the subject property is prohibited.
CNy Corrmizslon Regular Meeting 09-0315
Rem 9,c.
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
IN LIEU SIDEWALK INSTALLATION FEE REQUEST FOR
1012 VISTA DEL MAR DRIVE
1. The in lieu sidewalk installation fee request came before the City
Commission on March 3, 2015.
2; The Applicant and City staff presented, documentary evidence and
testimony to the City Commission pertaining to the relief from the sidewalk installation
requirements in the form of an in lieu fee for 1012 Vista Del Mar Drive. All of the
evidence is a part of the record in this case.
L. IN LIEU PARKING FEE
Pursuant to LDRSection 6.1.3(C)(4), sidewalks shall be constructed prior to the
issuance of a -certificate of occupancy for the property upon which they abut. In
situationswhere it is inappropriate to install a sidewalk concurrent with development,
the requirement for sidewalks may be satisfied by payment in lieu of installation
pursuant to LDR Section 6.1.3(D)(3).
The applicant is asking to pay a fee of Eight Thousand Three Hundred and
Ninety Dollars and Forty Cents ($8,390.40) in lieu of installing 209.76 feet of sidewalk
in the right of way adjacent to 1012 Vista. Del Mar Drive. The fee shall be due upon
issuance of a building permit
Should the request to pay an in lieu sidewalk installation fee of
$8,390.40 for 101ZVista Del Mar Drive be granted?
Yes No
3. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the original site plan application was submitted
and finds that its determinations set forth in this Order are consistent with the
Comprehensive Plan.
City Commission Regular Meeting
Item 9.D
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 which supports the findings set forth in this Order.
5. Based on the entire record before it, the City Commission approves
denies ✓ the in lieu sidewalk installation fee request for 1012 Vista Del Mar Drive
and hereby adopts this Order this 3rd day of March, 2015, by a vote of 5 in favor
and 0 opposed.
TIES
Chevelle Nubin, City Clerk
Pj
Cary . G'cks in, Mayor
City Commission Regular Meeting
Item 9.13