07-11-06 Minutes Reg
JULY 11.2006
A Regular Meeting of the City Commission of the City of Delray Beach,
Florida, was called to order by Mayor Jeff Perlman in the Commission Chambers at City
Hall at 6:00 p.m., Tuesday, July 11, 2006.
1.
Roll call showed:
Present - Commissioner Rita Ellis
Commissioner Fred Fetzer
Commissioner Jon Levinson
Commissioner Brenda Montague
Mayor Jeff Perlman
Absent - None
Also present were - David T. Harden, City Manager
Susan A. Ruby, City Attorney
Chevelle D. Nubin, City Clerk
2. The opening prayer was delivered by Dr. Roger Richardson with Church
of the Palms.
3. The Pledge of Allegiance to the flag of the United States of America was
given.
4.
AGENDA APPROVAL.
Mayor Perlman noted the addition of Item 6.A. Proclamation (for
Melissa Capone).
He stated there is additional information for Item S.C., Ratification of
Appointments to the Parkin!! Mana!!ement Advisorv Board. Also, there is a request
to continue Item 9.A., Conditional Use reQuesUSea!!ate Beach Club to a date certain of
August 1,2006.
For the record, the City Attorney stated this is an idea she had because
staff anticipates that on August 1, 2006 they might hear additional waivers and other
arguments before the City Commission and she wants to make sure that these are
consolidated into one hearing so that everything anyone would like to talk about would
be relevant to all subjects.
Mayor Perlman stated there is also additional information for Item 9.B.,
Appeal of the Historic Preservation Board's Decision Associated with 527 North
Swinton Avenue. a revised memorandum for Item 9.1., Appointment to the Civil
Service Board. and a revised memorandum for Item 9.M., Appointments to the Public
Art Advisorv Board.
07/11/06
Mrs. Ellis moved to approve the Agenda as amended, seconded by Mr.
Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; Mr. Levinson
- Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion
passed with a 5 to 0 vote.
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5.
APPROVAL OF MINUTES:
Mrs. Montague moved to approve the Minutes of the Regular Meeting of
June 20, 2006, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows:
Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr.
Fetzer - Yes. Said motion passed with a 5 to 0 vote.
6. PROCLAMATIONS:
6.A. Mavor for the Dav - Melissa Capone
Mayor Perlman read and presented a proclamation hereby recognizing and
commending MELISSA CAPONE for her accomplishments and eagerness to serve her
community through active participation.
7.
PRESENTATIONS:
7.A. RESOLUTION NO. 43-06: Approve Resolution No. 43-06 Recognizing
and commending Patty Taylor for 30 years of dedicated service to the City of Delray
Beach.
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The caption of Resolution No. 43-06 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, RECOGNIZING
AND COMMENDING PATRICIA P. TAYLOR FOR
THIRTY YEARS OF DEDICATED SERVICE TO THE
CITY OF DELRA Y BEACH.
(The official copy of Resolution No. 43-06 is on file in the City Clerk's
office. )
Mr. Levinson moved to approve Resolution No. 43-06, seconded by Mrs.
Ellis. Upon roll call the Commission voted as follows: Mrs. Montague - Yes; Mayor
Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes. Said motion
passed with a 5 to 0 vote.
7.B. Special Reco!!nition - Dick Sheremeta
Mayor Perlman read the award and noted this will be mailed.
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8.
CONSENT AGENDA: City Manager Recommends Approval.
8.A. COMBINED PRELIMINARY/FINAL SUBDIVISION PLAT
APPROVAL/ DHBH #1 PLAT: Approve the subdivision plat for a 0.672 acre site to be
platted as DHBH #1 Plat, located at the northeast corner of East Atlantic Avenue and
N.E. 1st Avenue.
8.A.1. OFF SITE PARKING AGREEMENT: Approve an Off Site Parking
Agreement in association with the preliminary/final DHBH #1 Plat.
8.A.2. RESOLUTION NO. 47-06/ABANDONMENT OF RIGHT-OF-WAY:
Approve Resolution No. 47-06 abandoning a portion of an improved north-south alley
right-of-way within Block 76, Town of Linton (Delray) Plat; located north of East
Atlantic Avenue, between N.E. 1st Avenue and N.E. 2nd Avenue.
The caption of Resolution No. 47-06 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
VACATING AND ABANDONING A 16' X 26'
PORTION OF AN IMPROVED NORTH-SOUTH
ALLEYWAY LYING WITHIN BLOCK 76, AS MORE
PARTICULARLY DESCRIBED HEREIN, BUT
RESERVING AND RETAINING TO THE CITY A
UTILITY EASEMENT FOR PUBLIC AND PRIVATE
UTILITIES OVER THE ENTIRE AREA THEREOF,
AS MORE PARTICULARLY DESCRIBED HEREIN.
(The official copy of Resolution No. 47-06 is on file in the City Clerk's
office. )
8.A.3. TEMPORARY ACCESS EASEMENT AGREEMENT: Approve a
Temporary Access Easement Agreement associated with the 16' x 26' portion of
improved north-south alley right-of-way within Block 76 proposed for abandonment.
8.B. RESOLUTION NO. 46-06: Approve Resolution No. 46-06 assessing
costs for abatement action required to remove nuisances on eighteen (18) properties
throughout the City.
The caption of Resolution No. 46-06 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, PURSUANT TO
CHAPTER 100 OF THE CODE OF ORDINANCES OF THE
CITY OF DELRA Y BEACH, ASSESSING COSTS FOR
ABATING NUISANCES UPON CERTAIN LAND(S)
LOCATED WITHIN THE CITY OF DELRAY BEACH AND
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PROVIDING THAT A NOTICE OF LIEN SHALL
ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING
OUT ACTUAL COSTS INCURRED BY THE CITY TO
ACCOMPLISH SUCH ABATEMENT AND LEVYING THE
COST OF SUCH ABATEMENT OF NUISANCES;
PROVIDING FOR AN EFFECTNE DATE AND FOR A
DUE DATE AND INTEREST ON ASSESSMENTS;
PROVIDING FOR THE RECORDING OF THIS
RESOLUTION, AND DECLARING SAID LEVY TO BE A
LIEN UPON THE SUBJECT PROPERTY FOR UNPAID
ASSESSMENTS.
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(The official copy of Resolution No. 46-06 is on file in the City Clerk's
office.)
8.C. RATIFICATION OF APPOINTMENTS TO THE PARKING
MANAGEMENT ADVISORY BOARD: Approve and ratify the appointments of Peter
Perri, West Atlantic Redevelopment Coalition (W ARC) Representative, and Reginald
Cox, alternate W ARC Representative, for unexpired terms ending September 30, 2006;
Peter Arts, Community Redevelopment Agency Representative, for a two (2) year term
ending July 1, 2008; and Herman Stevens, Downtown Development Authority
Representative, for an unexpired term ending August 1,2006.
8.D. SUBDIVISION IMPROVEMENT AGREEMENTILEGACY BANK:
Approve a Subdivision Improvement Agreement between the City and Legacy Bank for
required improvements to the alley adjacent to the project as a condition of development.
8.E. REQUEST FOR SInEW ALK DEFERRAL/908 HYACINTH DRIVE:
Approve a request to defer the installation of a sidewalk in front of 908 Hyacinth Drive.
Staff recommends approval.
8.F. CHANGE ORDER NO. 1 (CONTRACT ADDITIONl/CHAZ
EQUIPMENT COMPANY. INC.!S.E./N.E. 1st STREET ONE WAY PAIR
PROJECT/OLD SCHOOL SQUARE UTILITY RELOCATION: Approve Change
Order No.1 (Contract Addition) to the S.E./N.E. 1st Street One Way Pair Project in the
amount of $123,100.00 to Chaz Equipment Company, Inc. for the installation of double
6" Florida Power & Light conduits for the conversion to underground electric lines for
Old School Square. Funding is available from 380-4150-572-63.29 (2004 G.O.
Bond/Old School Square).
8.G. CHANGE ORDER NO. 2/WEST CONSTRUCTION. INC: Approve
Change Order No.2 between the City and West Construction, Inc. in the amount of
$71,350.00 for the installation of sod and a sidewalk, which were previously removed
from the original contract, to the Machek Boy Scout Park Project. Funding is available
from 380-4150-572-63.25 (2004 G.O. BondfMike Machek Boy Scout Park).
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8.H. FDOT UTILITY PERMIT & HOLD HARMLESS AGREEMENT/
CITYSCAPE: Authorize the City to act as the utility permit applicant for a water
service connection within the state right-of-way for Cityscape, located at the northwest
corner ofN.E. 3rd Street and N.E. 5th Avenue (southbound Federal Highway) and approve
a hold harmless agreement with the developer (Cityscape PDC, LLC).
8.1. AMENDMENT NO. lIINTERLOCAL AGREEMENT/SCHOOL
BOARD OF PALM BEACH COUNTY: Approve Amendment No. I to the Interlocal
Agreement between the City and the School Board of Palm Beach County, for the
Purchase and Construction of a Soccer Complex and Joint Use of Land and Facilities, to
add the requirement of Level 2 Screening for employees and contractual personnel with
access to the School Board's facilities, to comply with the Jessica Lunsford Act.
8.J. RESOLUTION NO. 49-06/STATE HOUSING INITIATIVES
PARTNERSHIP (SHIP) LOCAL HOUSING ASSISTANCE PLAN: Approve
Resolution No. 49-06 adopting the amended Local Housing Assistance Plan for Fiscal
Years 2004-2007 pursuant to Title 67-37 of the Florida Administrative Code.
The caption of Resolution No. 49-06 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, ADOPTING
THE AMENDED LOCAL HOUSING ASSISTANCE
PLAN PURSUANT TO THE STATE HOUSING
INITIATIVES PARTNERSHIP (SHIP) PROGRAM AS
ATTACHED HERETO; ESTABLISHING A STRATEGY
FOR THE SUB-RECIPIENT HOUSING PARTNERSHIP
PROGRAM; AUTHORIZING THE NECESSARY
CERTIFICATIONS BY THE MAYOR AND
AUTHORIZING SUBMISSION OF THE PLAN TO THE
STATE HOUSING FINANCE CORPORATION;
PROVIDING FOR AN EFFECTNE DATE UPON
APPROVAL.
(The official copy of Resolution No. 49-06 is on file in the City Clerk's
office.)
8.K. GRANT APPLICATION/2005 DEPARTMENT OF COMMUNITY
AFFAIRS (DCA) DISASTER RECOVERY INITIATIVE: Authorize staff to apply,
through Palm Beach County Housing and Community Development, for funding in the
amount of $3,135,500.00 under the 2005 Department of Community Affairs Disaster
Recovery Initiative.
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8.L. SERVICE AUTHORIZATION NO. 1.0IDIGBY BRIDGES. MARSH
AND ASSOCIATES. P.A.: Approve Service Authorization No. 1.0 to Digby Bridges,
Marsh and Associates, P.A. in the amount of $16,500.00 for professional design services
for the expansion of the Police Department's Generator Room to accommodate a new
600 KW Generator. Funding is available from 001-2115-521-62.10 (General Fund/
Buildings).
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8.M. AWARD OF BIDS AND CONTRACTS:
1:. Approve a purchase order to Ron Bell, Inc. in the total amount of
$59,640.00 for the re-roofing of the Delray Beach Police
Department Shooting Range and Evidence Storage Building
($39,840.00) and Lift Station #100 ($19,800.00) which were
damaged by Hurricane Wilma. Funding is available from 551-
1575-591-45.50 (Business Insurance FundlProperty Claims).
2. Contract award to Rosso Paving & Drainage, Inc. in the amount of
$390,972.20 for the construction of a pavilion, tot lot playground
surface, hardscape items, landscaping, irrigation, and parking for
the Eagle Park Project. Funding is available from 380-4150-572-
63.23 (2004 G.O. BondlNeighborhood Parks).
3. Contract award to Shenandoah Construction in the amount of
$26,605.00 for the cleaning/televising of the existing drainage
pipes for the Sea SagelMelaleucalOleander Stormwater Project.
Funding is available from 448-5461-538-65.35 (Stormwater Utility
Fund/Sea SagelMelaleucalOleander Fund).
4. Bid award to V.P.H. Builders, Inc. in the amount of $23,500.00 for
the demolition, removal, and replacement of the Atlantic Avenue
and A-I-A beach crossover walkway and observation deck.
Funding is available from 001-4131-572-63.40 (General
FundlRecreation Improvements).
5. Lease agreement with Ikon Office Solutions in the total amount of
$28,467.00 over a three (3) year term via the Miami-Dade Contract
#114DDll for the lease of an Ikon-Cannon Image Rurmer 7095
Copier for the City Clerk's Office. Funding is available from 001-
1411-512-44.30 (General FundlEquipment Rental Leases).
6. Bid award to multiple vendors for the purchase of road
construction materials for the City via Co-op Bid at an estimated
annual cost of $300,848.00. Funding is available from various
departments operating expense budgets and capital project
accounts.
7. Contract award to Sentry Industries, Inc. for a two (2) year period
at an estimated annual cost of $250,000.00 for the first year for the
purchase and delivery of Sodium Hypochlorite. Funding is
available from 441-5123-536-52.21 (Water/Sewer
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Fund/Chemicals).
8. Bid award to U.S. Biosystems, Inc. at an estimated annual cost of
$22,450.00 for supplemental laboratory analysis for the Water
Treatment Plant Lab. Funding is available from 441-5124-536-
34.90 (Water/Sewer Fund/Other Contractual Services).
9. Contract award to P.B. Deco Concrete in the amount of$18,250.00
for the cleaning and repair of the textured concrete at the Delray
Swim and Tennis Facility. Funding is available from 001-4215-
575-46.90 (General Fund/Other RepairlMaintenance Costs).
Mr. Levinson moved to approve the Consent Agenda as amended,
seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mayor
Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague
- Yes. Said motion passed with a 5 to 0 vote.
9.
9.A. CONDITIONAL USE REOUEST/SEAGATE BEACH CLUB:
Consider a request to allow the demolition and reconstruction of a new private beach
club, the Seagate Beach Club, with attendant recreational, dining, and related accessory
facilities, within the RM (Medium Density Residential) zoning district, located on the
east side of South Ocean Boulevard, south of Casuarina Road (400 South Ocean
Boulevard). (Quasi-Judicial Hearing)
REGULAR AGENDA:
The City Attorney stated based on a recommendation she made there has
been a request to continue the Conditional Use request for the Seagate Beach Club until
August 1, 2006 so that staff can consider it with other issues that may come up on that
date.
Mrs. Ellis moved to approve to continue the Conditional Use request for
the Seagate Beach Club to a date certain of August 1, 2006, seconded by Mr. Levinson.
Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr.
Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes. Said motion passed with
a 5 to 0 vote.
9.8. APPEAL OF THE HISTORIC PRESERVATION BOARD'S
DECISION ASSOCIATED WITH 527 NORTH SWINTON AVENUE: Consider an
appeal of the Historic Preservation Board's decision denying a demolition permit for 527
North Swinton Avenue, located in the Del-Ida Park Historic District. (Quasi-Judicial
Hearing)
The City Attorney read into the record the City of Delray Beach
procedures for a Quasi-Judicial Hearing for this item and all subsequent quasi-judicial
items.
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Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
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Mayor Perlman asked the Commission to disclose their ex parte
communications. Mr. Levinson stated he had a meeting with the Dawsons. Mrs.
Montague stated she had a meeting with the Dawsons accompanied by Michael Weiner.
Mayor Perlman stated he met with the Dawsons and their attorney. Mrs. Ellis stated she
met with Michael Weiner. Mr. Fetzer stated he met with Michael Weiner, the Dawsons
and Scott Correale.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2006-028 into the record as well as the resume of Rick
Gonzalez of REG Architects.
Mr. Dorling stated the City Commission is considering an appeal this
evening of the Historic Preservation Board's (HPB) decision made on May 17, 2006 to
deny a Certificate of Appropriateness (COA) for a contributing property located at 527
North Swinton Avenue based on a finding that the request was inconsistent with the
Comprehensive Plan and did not meet the criteria set forth in LDR Section 4.5.1(F)(I)
and 4.5.1(E)(4), the Delray Beach Guidelines, and the Secretary of the Interior's
Standards for Rehabilitation.
In January, 2006, the applicant submitted a variance request and a COA
application for the demolition of the existing one-story dwelling and the construction of a
new two-story dwelling and detached two-story I-car garage with guest cottage at 527
North Swinton Avenue. The application was reviewed by the HPB on March 1,2006 at
which time the HPB postponed consideration of the demolition until further information
was submitted regarding the age and structural condition of the existing structure. On
May 17, 2006, a revised application was presented at the HPB meeting and the Board
denied the COA on the demolition (5 to 0). This item was subsequently appealed by the
applicants' attorney on May 25,2006. The action is now being appealed alleging that it
is inconsistent with the LDR's, the laws of the State of Florida, the Delray Beach Historic
Preservation Design Guidelines, and the Secretary of the Interior's Standards. Staff
recommends that the Commission deny this appeal and uphold the Historic Preservation
Board's action. Mr. Dorling stated this appeal is not about how nice or compatible a new
structure would be but is whether the decision the HPB made and the criteria they
considered to deny the demolition was appropriate.
George Diaz, Chief Building Official, briefly discussed his credentials and
entered his resume into the record. He stated on April 10, 2006 he made a
recommendation at that time that the structure was not structurally unsound where it
would have to be destroyed and rebuilt. Mr. Diaz displayed photographs of the structure
and noted staff did not have access to the interior of the home.
Warren Adams, current Acting Preservation Planner for the City of Delray
Beach, expert witness, entered his resume into the record and stated it is important to note
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that this house is a minimal traditional style and by its nature is very simple in design.
Mr. Adams stated the HPB found that it does not meet the criteria of the LDR's, the
Delray Beach Design Guidelines, and the Secretary of Interior's Standards. He stated the
Historic Planner explained in her report why she felt the application did not warrant
approval of demolition and the Historic Preservation Board agreed with that report. He
made reference to LDR Section 4.5. 1 (F)(l)(d) and emphasized that this is an example of
the minimal traditional style and it contributes to the architecture of the Del-Ida Park
Historic area.
Therefore, Mr. Adams stated because HPB found that this does not meet
the criteria of the LDR's, the Delray Beach Design Guidelines, the Secretary of Interior's
Standards, the applicants have two options which would allow them to demolish the
building if (1) that the building is in a dangerous condition, or (2) that they must prove
financial hardship in the actual alteration of the building and in order to do this a number
of financial documents would be required by the applicants and this would have to be
referred back to the HPB for their decision. Since Mr. Diaz stated the building is not in a
dangerous condition it would rule out option #1.
Rick Gonzalez. REG Architects. Inc.. 120 S. Dixie Hi!!hwav. Suite
#201. West Palm Beach. FL 33401. briefly discussed the architectural importance of the
building and submitted his resume and credentials for the record. He distributed a map to
the Commission along with photographs of the existing conditions of the house. Mr.
Gonzalez stated he concurs with comments expressed by the Chief Building Official and
noted he did a visual inspection of the house. In addition, Mr. Gonzales submitted
examples of two ofthe homes ifthey are well kept.
Michael Weiner. Attornev with Weiner & Aronson. P.A.. 102 North
Swinton Avenue. Delrav Beach (Attornev representin!! the applicant). submitted the
Exhibits and public support documentation and letters recently received (more than 50
including a letter from Randee Schatz, Historic Preservation Board member who was not
able to attend the meeting but indicated she would have supported demolition had she
been able to attend).
Robert Cohn. President of Urban Solutions. Inc. (Weston. Florida).
stated he is a Planning and Zoning consultant and has done considerable expert witness
work in planning as well as in historic preservation. He submitted a full report for the
record. Mr. Cohn stated he agrees with comments expressed by Mr. Weiner and would
like to adopt them as part of his opinion. Specifically, Mr. Cohn stated there are a few
major items he addressed that have been part of the staff's recommendation as well as the
HPB's recommendation which deals with the historic nature of this building. Mr. Cohn
stated the building is located in a historic district (Del-Ida district); however, the
particular architectural style of this existing structure is minimal traditional. However,
the Historic Preservation Guidelines adopted by the City of Delray Beach does not stress
that minimal traditional architectural style is significant to creating the history and
architecture of the Del-Ida district (specified as Mediterranean and mission revival). In
addition, there are several others that are considered important but not critical (i.e.
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bungalows, craftsman cottages, and framed vernacular dwellings). Mr. Cohn stated this
building is none of those and is not listed as significant in the district. Therefore, he
would question the determination that this is a historic building. Mr. Cohn stated even if
it were "historic" it would be contributory to the historic designation of Del-Ida. In his
opinion, he stated since the City has not held public hearings or given formal notice to the
client it cannot be considered contributory and the HPB could not consider it
contributory.
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Mayor Perlman declared the public hearing open.
Kristen Black. speakinl! on behalf of Sandra Hoeslev who could not
attend this eveninl! and owner of a historic home located at 515 North Swinton
Avenue. rea4 into the record a letter written by Ms. Hoesley in response to the home that
has been proposed at 527 North Swinton Avenue. Ms. Black read a second letter into the
record by Dax Olsher who lives at 530 North Swinton Avenue.
Dean Saunders. 520 North Swinton Avenue. Delrav Beach. stated he
has to physically look at this house every day and it is an eyesore. Mr. Saunders stated he
is not saying that the rules of the HPB are wrong but asked why we are saving this house
and is it something we need to save to keep this neighborhood intact.
Karen Stumpfl.l0 N.E. 6th Street. Delrav Beach (neil!hbor of Dawsons
and Correales). stated she lives directly behind the structure and noted it was fine before
the hurricane. She stated the applicants did nothing to protect the home before the
hurricane and there was significant damage. However, Ms. Stumpfl stated the applicants
did nothing to fix it except put up some boards recently only on the windows.
Keal!an Peters. 1760 Palm Cove Boulevard. Delrav Beach. read into
the record two letters in support of the demolition on behalf of two individuals from her
neighborhood who could not attend this evening.
Shelia Peters. speakinl! on behalf of Richard Conn. 109 Fern Court.
read into the record a letter written by Mr. Conn in support ofthe demolition.
Anthonv Black. read into the record a letter written by Cathy Robbins, of
Kidsworld of Delray, Inc. (located at 219 North Dixie Highway, Delray Beach, FL.
33444), in support of the demolition and urged the Commission to allow the Dawsons to
move forward with their plans to enhance both the Del-Ida Park and Swinton Avenue.
Mr. Black read a second letter into the record written by Tom Atkinson (lives at 17 N.E.
7th Avenue) embraced the addition of this home and believes it would enhance the
neighborhood.
JoAnn Peart., 107 N.W. 9th Street., Delrav Beach. stated she lived in the
Del-Ida Historic District for nine years and when you buy in a historic district you know
what the rules are. She stated she moved out of the historic district because her family
grew and they needed more room. Now, Mrs. Peart stated her children are grown and the
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home is too big but she cannot turn it into a duplex just because this is what she really
needs. Mrs. Peart stated adding on to the back and keeping the original house would still
keep the rhythm and the rhyme on the street. She expressed concern that there will soon
be no historic districts left.
Lourie Albanese. 508 North Swinton Avenue. Delrav Beach. stated she
saved and restored an old home and therefore is in favor of saving old homes. However,
Ms. Albanese stated she is not in favor of what the City of Delray Beach is trying to
make the Dawsons do with this home. Ms. Albanese suggested that there be an
Architectural Review Board to study to see if this structure is worthy of saving. She
urged the Commission to let the Dawsons proceed with the demolition because they have
worked over and above to work with the city.
Paul Blanchet., 531 North Swinton Avenue. Delrav Beach. (owner of
property located at 275 Swinton Avenue & 1011 Swinton Avenue) stated he believes
this is a beautiful area; however, supports the demolition of the existing home.
Carolyn Patton. 1020 Tamarind Road. Delrav Beach. stated the City of
Delray Beach values historic preservation and feels people need to preserve our history
for future generations so they can see the fine workmanship of the past and know that our
city was not just built yesterday. She stated the house does not look its best right now
because it went through a hurricane with no protection. Ms. Patton urged the
Commission to support the neighbors by denying this appeal.
Livia Landrv. 701 North Swinton Avenue. Delrav Beach. stated she
lives in a minimal traditional style home and moved into the historic district because of
the character and because it was designated historic district and because there were
guidelines. She stated she actually looked at the home located at 527 North Swinton
Avenue which is minimal traditional (which is in the historic guidelines as an example of
one of the styles of homes we need to preserve in the historic district Del-Ida in
particular). Ms. Landry stated the home has been allowed to get the condition it is in by
neglect and noted this house did not look like this a year ago. She asked when people are
held responsible for taking pride in what they own whether they have plans to demolish,
renovate or rehabilitate it. Ms. Landry stated she is in favor of preserving the home and
entered the Historic Guidelines into the record. She stated it needs to be clarified whether
the applicants are going to reside in the home because they now own a home across the
street.
individuals:
At this point, Chevelle D. Nubin, City Clerk, swore in the following
David Rosenbom. 711 North Swinton Avenue. Delrav Beach. stated
after the hurricane he had damage too and did not file a claim to his insurance to ask for
repair because he wanted to do something new on his home. Mr. Rosenbom stated in
Del-Ida there are historical homes that need to be protected; however, for non-
contributing homes he suggested that something be done so people can actually live in
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their homes.
Mark Fields. 414 Seasal!e Drive #5. Delrav Beach. stated this is not
about emotion but is about the finding of fact.
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Linda Householder. 521 North Swinton Avenue. Delray Beach.
supports the Dawsons and stated they are trying to sell their home because they are so
upset with everything.
Karen Preston. 1611 N.W. 2nd Avenue. Delrav Beach. stated people
who buy into a historic district take on unique responsibilities and there are additional
regulations to take into consideration and one must think of the unique character and
integrity of the area. She expressed concern over the decline of the appearance of the
home since it was purchased and supports that the district be kept with the integrity that it
is by having it be maintained as a historic district.
Liz Bold. 1104 Nassau Street. Delrav Beach. stated the Dawsons did
their due diligence in that they knew they were buying into a historic area; however, they
were told that the home was non-contributing and the rules are different. Ms. Bold stated
the Dawsons bought their home under one set of rules and eight months later were told by
the city the rules were totally different. She feels this is unfair and not what Delray
Beach is all about.
Aleida Rilev. 65 Palm Square. Delrav Beach. suggested that the
applicants combine the old house with a new house (not a mansion but a nice size house)
and save all of this conflict that is going on in the historic district.
David Hawke. 121 Heather Lane. Delray Beach (Hawke & Associates
Architects). stated if the historic house would have been protected from the hurricanes
and the structure was taken care of there actually would have been a chance to save that
structure but because of the infiltration of water and mold the house cannot be saved. He
urged the City Commission to look at the three traditional minimal houses south of
Swinton Avenue and protect these three structures because they are in much better shape,
they are worthy of saving, and they are located next to one another.
There was no cross-examination.
The following individual gave a brief rebuttal:
Warren Adams stated the rules are not different for contributing and non-
contributing buildings. Staff does not like to see any structure demolished in a historic
area unless there is a valid reason to do so, and that it would cause financial hardship to
retain it, or that it is in such poor condition that it cannot be reused. The property was
identified as non-contributing. Secondly, it is a plain structure and may not look as fancy
as some of the other historic homes that have been saved thus is the reason it is called
minimal traditional as pointed out in the Historic Preservation Design Guidelines for
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07/11/06
buildings between 1935 & 1950 of that style. Mr. Adams stated staff feels it is
appropriate to reuse the existing structure and add an addition onto the back and make the
house into something that combines the historic structure plus new construction. He
stated with the right plans and the right architect it would be feasible.
Michael Weiner made reference to the findings found by the Historic
Preservation Board (2005 & 2001) "a one-story residence listed in Del-Ida Park historic
is non-contributing as it was constructed after the period of significance which ended in
1943." He stated if the Commission wants to save the historic neighborhood cut it off at
1943 and urged the Commission to not let this roll on otherwise there will be no historic
neighborhood.
Mr. Levinson asked was this not listed as a contributing structure in the
staff report. Mr. Dorling stated the home was not originally listed as a contributing
home.
Mrs. Ellis inquired whether or not the City of Delray Beach has
regulations to protect their property during a storm or after a storm. In response, the City
Attorney stated the City of Delray Beach does not have any regulation in place. Mr.
Dorling stated it is an obligation of the owner to keep the home in good repair ifit were
severely damaged. Mrs. Ellis commented about the report regarding mold and asbestos.
Mr. Dorling stated the Chief Building Official did not have access to the house to either
verify the report. Therefore, in absence of that, Mr. Dorling stated he does not know
what the condition ofthe interior was.
Rick Gonzalez gave a brief statement about the mold and what can be
done as a major renovation restoration.
Mrs. Ellis commented about none of the staff having access to the inside
of the structure to evaluate the interior of the structure just the structure from the outside.
Mr. Levinson commented about the house being in disrepair for 4-5 years
and asked if staff has knowledge of the condition of the house prior to the hurricane. In
response, Mr. Diaz stated not that he is aware of.
Mayor Perlman inquired as to whether or not this house is listed as a
historic house or a contributing structure. Mr. Gonzalez stated it is contributing as a
minimal traditional.
Brief conversation continued between staff and the Commission.
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).
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07/11/06
Mr. Levinson moved to approve the Appeal and the Board Order as stated,
seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer -
Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - No.
Said motion passed with a 4 to 1 vote, Commissioner Ellis dissenting.
1
At this point, the time being 7:55 p.m., the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
At this point, Mrs. Ellis stepped away from the dais.
10.
10.A. RESOLUTION NO. 45-06/CONTRACT FOR SALE AND
PURCHASE OF PROPERTY/SCHOOL BOARD OF PALM BEACH COUNTY:
Consider approval of Resolution No. 45-06 authorizing the City to purchase property
from the School Board of Palm Beach County for the construction of a sOCcer complex
for recreational purposes, located at 2501 Seacrest Boulevard (old Atlantic High School
Site); and Contract for Sale and Purchase between the City and the School Board of Palm
Beach County in the amount of $834,750.00.
PUBLIC HEARINGS:
The caption of Resolution No. 45-06 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA,
AUTHORIZING THE CITY TO PURCHASE FROM THE
SCHOOL BOARD OF PALM BEACH COUNTY
("SCHOOL BOARD") CERTAIN REAL PROPERTY IN
PALM BEACH COUNTY, FLORIDA, AS DESCRIBED
HEREIN, HEREBY INCORPORATING AND
ACCEPTING THE CONTRACT STATING THE TERMS
AND CONDITIONS FOR THE SALE AND PURCHASE
BETWEEN THE SCHOOL BOARD AND THE CITY OF
DELRA Y BEACH, FLORIDA.
(The official copy of Resolution No. 45-06 is on file in the City Clerk's
office.)
The City Attorney stated this is a resolution that approves a contract for
sale and purchase of certain acreage of land from the Palm Beach County School District
for the soccer complex in the amount of$834,750.00.
Mayor Perlman declared the public hearing open. There being no one from
the public who wished to speak in favor or in opposition of Resolution No. 45-06, the
public hearing was closed.
Mr. Levinson moved to approve Resolution No. 45-06, seconded by Mr.
Fetzer. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Mrs.
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07/11106
Montague - Yes; Mayor Perlman - Yes; Mr. Fetzer - Yes. Said motion passed with a 4
to 0 vote.
At this point, Mrs. Ellis returned to the dais.
10.B. ORDINANCE NO. 30-06 (SECOND READING/SECOND PUBLIC
HEARING): City initiated amendment to Land Development Regulations (LDR)
Section 2.4.6, "Procedures for Obtaining Permits and Approvals", to provide that
properties in single family residential districts may only be entitled to one (1) extension
for a building permit; amending Section 4.4.3, "Single Family Residential (R-l)
Districts", by enacting Subsection 4.4.3(1), "Construction Site ConditionslRestrictions"
and Subsection 4.4.3(J), "Violations of 4.4.3(1)", to provide for conditions and
restrictions for structures that are undergoing construction and remedies for violators.
Prior to consideration of passage of this ordinance on Second Reading/Second Public
Hearing, a public hearing has been scheduled to be held at this time.
The caption of Ordinance No. 30-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES OF
THE CITY OF DELRA Y BEACH, AMENDING
SECTION 2.4.6, "PROCEDURES FOR OBTAINING
PERMITS AND APPROVALS", SUBSECTION
2.4.6(B)(4), "CONDITIONS OF THE PERMIT", TO
PROVIDE THAT PROPERTY IN SINGLE FAMILY
RESIDENTIAL DISTRICTS MAY ONLY BE
ENTITLED TO ONE EXTENSION FOR A BUILDING
PERMIT; AMENDING SECTION 4.4.3, "SINGLE
FAMILY RESIDENTIAL (R-l) DISTRICTS", BY
ENACTING SUBSECTIONS 4.4.3(1), "CONSTRUCTION
SITE CONDITIONSIRESTRICTIONS", AND
SUBSECTION 4.4.3(J), "VIOLATIONS OF 4.4.3(1)", TO
PROVIDE FOR CONDITIONS AND RESTRICTIONS
FOR STRUCTURES THAT ARE UNDER GOING
CONSTRUCTION IN A SINGLE FAMILY
RESIDENTIAL DISTRICT AND TO PROVIDE FOR
REMEDIES IF THOSE RESTRICTIONS ARE
VIOLATED; PROVIDING A GENERAL REPEALER
CLAUSE; A SAVINGS CLAUSE AND AN EFFECTIVE
DATE.
The City Attorney read the caption ofthe ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter ofthe City ofDelray Beach, Florida.
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07/11/06
The City Attorney read the caption of the ordinance.
1
,
I
Paul Dorling, Director of Planning and Zoning, stated this was initiated by
a request by the Beach Property Owners' Association (BPOA) to control some of the
lengthy construction that was happening over in their neighborhood as well as put some
time restraints when construction and deliveries could occur.
The Neighborhood Advisory Council (NAC) agreed to look at the issue to
make it citywide and to strengthen City ordinances with respect to those issues. At its
meeting of May 15, 2006, the Planning and Zoning Board held a public hearing regarding
this item and there was significant discussion in support and there was one recommended
change that the proposed penalty for not constructing within the 18 months timeframe
was that it be increased from 50% to 100% of the original building fees. This change has
been incorporated into this ordinance and staff recommends approval.
Mayor Perlman declared the public hearing open.
Patsy Westall. 1102 Seasprav Avenue. Delrav Beach (member of the
Beach Property Owners' Association and the Neil!hborhood Advisorv Council).
stated with the support of both public and private folks there is now an ordinance that will
keep workman from turning their radios on at 5:00 a.m. and delivering tiles on Sunday.
She congratulated everyone for ajob well done.
There being no one else from the public who wished to address the
Commission regarding Ordinance No. 30-06, the public hearing was closed.
Mayor Perlman thanked the Neighborhood Advisory Council (NAC) for
their work.
Mr. Fetzer moved to adopt Ordinance No. 30-06 on Second
Reading/Second Public Hearing, seconded by Mrs. Montague. Upon roll call the
Commission voted as follows: Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis -
Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote.
10.C. ORDINANCE NO. 36-06: An ordinance amending Chapter 136,
"Sexual Offenders and Sexual Predators", of the Code of Ordinances, Section 136.02,
'Sexual Offenders and Predator Residence Prohibition", to provide for an additional
exception to the residence prohibition to exclude persons who were convicted of the
enumerated offenses prior to October 1, 2004 to mirror the Florida State Statutes.
The caption of Ordinance No. 36-06 is on file as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING CHAPTER 136, "SEXUAL OFFENDERS
AND SEXUAL PREDATORS", OF THE CODE OF
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07/11/06
ORDINANCES OF THE CITY OF DELRA Y BEACH,
BY AMENDING SECTION 136.02, "SEXUAL
OFFENDERS AND SEXUAL PREDATOR RESIDENCE
PROHIBITION", TO PROVIDE FOR AN ADDITIONAL
EXCEPTION TO THE RESIDENCE PROHIBITION TO
EXCLUDE PERSONS WHO WERE CONVICTED OF
THE ENUMERATED OFFENSES PRIOR TO OCTOBER
1, 2004; PROVIDING FOR A SAVINGS CLAUSE,
GENERAL REPEALER CLAUSE AND AN EFFECTNE
DATE.
(The official copy of Ordinance No. 36-06 is on file in the City Clerk's
office. )
The City Attorney read the caption ofthe ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter ofthe City of Delray Beach, Florida.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 36-06,
the public hearing was closed.
Mrs. Montague moved to adopt Ordinance No. 36-06 on Second and
FINAL Reading, seconded by Mrs. Ellis. Upon roll call the Commission voted as
follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes;
Mrs. Montague - Yes. Said motion passed with a 5 to 0 vote.
10.D. RESOLUTION NO. 28-06/CONTRACT FOR SALE AND
PURCHASE OF PROPERTYIDELRAY BEACH COMMUNITY LAND TRUST.
INC.: Consider approval of Resolution No. 28-06 authorizing the City to transfer/sell
City owned property, located at 218 S.W. 4th Avenue, to be utilized for affordable
housing purposes; and approve Contract for Sale and Purchase between the City and the
Delray Beach Community Land Trust, Inc. in the amount of$IO.OO.
The caption of Resolution No. 28-06 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA,
AUTHORIZING THE CITY TO TRANSFER/SELL
REAL PROPERTY IN THE CITY OF DELRAY BEACH
WHICH PROPERTY IS LOCATED AT 218 S.W. 4TH
AVENUE, AS MORE PARTICULARLY DESCRIBED
HEREIN, TO THE DELRA Y BEACH COMMUNITY
LAND TRUST, INC., TO BE UTILIZED FOR
AFFORDABLE HOUSING PURPOSES.
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07/11/06
(The official copy of Resolution No. 28-06 is on file in the City Clerk's
I
office. )
The City Attorney stated this is a resolution regarding the transfer of land
from the City of Delray Beach to the Community Land Trust (CLT) and is for the
property located at 218 S.W. 4th Avenue.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Resolution No. 28-06,
the public hearing was closed.
Prior to the vote, Mr. Levinson stated the delegation of the CLT Board is
on its way to the annual conference to meet.
Mrs. Ellis moved to approve Resolution No. 28-06, seconded by Mr.
Fetzer. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mr. Fetzer-
Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes. Said motion
passed with a 5 to 0 vote.
10.E. RESOLUTION NO. 29-06/CONTRACT FOR SALE AND
PURCHASE OF PROPERTY/DELRAY BEACH COMMUNITY LAND TRUST.
INC.: Consider approval of Resolution No. 29-06 authorizing the City to transfer/sell
City owned property, located at 1025 Mango Drive, to be utilized for affordable housing
purposes; and approve Contract for Sale and Purchase between the City and the Delray
Beach Community Land Trust, Inc. in the amount of$IO.OO.
The caption of Resolution No. 29-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION
OF THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF
ORDINANCES, BY AMENDING SECTION 4.3.4,
"BASE DISTRICT DEVELOPMENT
STANDARDS", SUBSECTION 4.3.4(K),
"DEVELOPMENT STANDARDS MATRIX", TO
CLARIFY THE SETBACK FOR THE THIRD
STORY OF A THREE STORY BUILDING IN
RESIDENTIAL ZONING DISTRICTS;
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Resolution No. 29-06 is on file in the City Clerk's
office.)
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07/11106
The City Attorney stated this is a resolution regarding the transfer of land
from the City of Delray Beach to the Community Land Trust (CLT) and is for the
property located at 1025 Mango Drive. In addition, the City Attorney stated on most of
these properties the City of Delray Beach obtained them from the Lands Available List
for unpaid taxes and they all required a Quiet Title action. The City Attorney
commended Terrill Barton, Assistant City Attorney, for ajob well done.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Resolution No. 29-06,
the public hearing was closed.
Mr. Fetzer moved to approve Resolution No. 29-06, seconded by Mrs.
Ellis. Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; Mr. Levinson-
Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion passed
with a 5 to 0 vote.
10.F. RESOLUTION NO. 30-06/CONTRACT FOR SALE AND
PURCHASE OF PROPERTYIDELRAY BEACH COMMUNITY LAND TRUST.
INC.: Consider approval of Resolution No. 30-06 authorizing the City to transfer/sell
City owned property, located at 1027 Mango Drive, to be utilized for affordable housing
purposes; and approve Contract for Sale and Purchase between the City and the Delray
Beach Community Land Trust, Inc. in the amount of $10.00.
The City Attorney stated this is another transfer to the Community Land
Trust (CLT) for property located at 1027 Mango Drive.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished the address the Commission regarding Resolution No. 30-06,
the public hearing was closed.
Mrs. Montague moved to approve Resolution No. 30-06, seconded by
Mrs. Ellis. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Mrs.
Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes. Said motion
passed with a 5 to 0 vote.
10.G. RESOLUTION NO. 31-06/CONTRACT FOR SALE AND
PURCHASE OF PROPERTYIDELRAY BEACH COMMUNITY LAND TRUST.
INC.: Consider approval of Resolution No. 31-06 authorizing the City to transfer/sell
City owned property, located on S.W. 2nd Street, to be utilized for affordable housing
purposes; and approve Contract for Sale and Purchase between the City and the Delray
Beach Community Land Trust, Inc. in the amount of$10.00.
The City Attorney stated this is a transfer to the Community Land Trust
(CLT) for property located on S.W. 2nd Street.
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07/11/06
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Resolution No. 31-06,
the public hearing was closed.
1
Mrs. Ellis moved to approve Resolution No. 31-06, seconded by Mrs.
Montague. Upon roll call the Commission voted as follows: Mrs. Montague - Yes;
Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes. Said
motion passed with a 5 to 0 vote.
10.H. RESOLUTION NO. 32-06/CONTRACT FOR SALE AND
PURCHASE OF PROPERTYIDELRAY BEACH COMMUNITY LAND TRUST.
INC.: Consider approval of Resolution No. 32-06 authorizing the City to transfer/sell
City owned property, located on N.W. 8th Avenue, to be utilized for affordable housing
purposes; and approve Contract for Sale and Purchase between the City and the Delray
Beach Community Land Trust, Inc. in the amount of $1 0.00.
The City Attorney stated this is a transfer to the Community Land Trust
(CLT) for property located at N.W. 8th Avenue.
Mayor Perlman declared the public hearing open. There being no one
who wished to address the Commission regarding Resolution No. 32-06, the public
hearing was closed.
Mrs. Ellis moved to approve Resolution No. 32-06, seconded by Mrs.
Montague. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs.
Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson -Yes; Mrs. Montague - Yes. Said motion
passed with a 5 to 0 vote.
10.1. RESOLUTION NO. 33-06/CONTRACT FOR SALE AND
PURCHASE OF PROPERTYIDELRAY BEACH COMMUNITY LAND TRUST.
INC.: Consider approval of Resolution No. 33-06 authorizing the City to transfer/sell
City owned property, located on S.W. 13th Avenue, to be utilized for affordable housing
purposes; and approve Contract for Sale and Purchase between the City and the Delray
Beach Community Land Trust, Inc. in the amount of$10.00.
The City Attorney stated this is a transfer to the Community Land Trust
(CLT) for property located at S.W. 13th Avenue.
Mayor Perlman declared the public hearing open. There being no one
who wished to address the Commission regarding Resolution No. 33-06, the public
hearing was closed.
Mrs. Montague moved to approve Resolution No. 33-06, seconded by
Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mr. Fetzer
- Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes. Said motion
passed with a 5 to 0 vote.
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07111106
10.J. RESOLUTION NO. 34-06/CONTRACT FOR SALE AND
PURCHASE OF PROPERTYIDELRAY BEACH COMMUNITY LAND TRUST.
INC.: Consider approval of Resolution No. 34-06 authorizing the City to transfer/sell
City owned property, located on S.W. 2nd Terrace, to be utilized for affordable housing
purposes; and approve Contract for Sale and Purchase between the City and the Delray
Beach Community Land Trust, Inc. in the amount of$IO.OO.
The City Attorney stated this is a transfer to the Community Land Trust
(CLT) for property located on S.W. 2nd Terrace.
Mayor Perlman declared the public hearing open. There being no one
who wished to address the Commission regarding Resolution No. 34-06, the public
hearing was closed.
Mr. Fetzer moved to approve Resolution No. 34-06, seconded by Mrs.
Montague. Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; Mr.
Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said
motion passed with a 5 to 0 vote.
At this point, the Commission moved to Item 11, Comments and
Inquiries on Non-Agenda Items from the City Manager and the Public.
1l.A.
City Manal!er's response to prior public comments and inquiries.
The City Manager had no comments or inquires on prior public comments
and inquiries.
11.8.
From the Public.
11.B.1. Javne Kinl!. 3400 Place Valencav. Dekav Beach. stated this is a follow-
up to her comments from June 6, 2006 regarding the discharge of partially treated sewage
from the DelraylBoynton sewer plant which is being pumped into the ocean off Delray
Beach's shore. She stated this incompletely treated sewage is full of nutrient pollution
and dumps directly onto Delray's offshore coral reefs. Ms. King stated it has been
implicated in coral killing/algae blooms and is the focus of the Florida Department of
Environmental Protection demands for the sewer plant to begin nutrient testing of the
coral reef environment. Mrs. King stated this is something the sewer plant has not agreed
to do and the reason the State of Florida has refused to issue a new permit as required by
the Federal Clean Water Act. She also read a brief statement into the record.
1l.B.2. Fran Chassen. 4730 N.W. 4th Street. Delrav Beach. urged the
Commission to televise the City Commission meetings because senior citizens who
cannot drive anymore find it difficult to know what is going on in the city.
1l.B.3. David Hawke. 121 Heather Lane. Delray Beach (Hawke & Associates
Architects). inquired about the status of the Gateway Entrance Feature Project.
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07/11/06
Mayor Perlman informed Mr. Hawke to contact Diane Colonna at the
Community Redevelopment Agency (CRA) and noted this project is in the design phase.
At this point, the time being 8:14 p.m., the Commission moved back to
Item 9.C. of the Regular Agenda.
9.C. WAIVER REQUEST/GRAMERCY SQUARE: Consider a waiver
request to waive Land Development Regulations (LDR) Section 6.1.2(C)(3)(a), "Paving
Widths", to reduce the required minimum paving width for an interior road from 24' to
20' for Gramercy Square Phase II, pursuant to LDR Section 2.4.7(B)(5), "Waiver
Findings". (Quasi-Judicial Hearing)
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor Perlman asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose.
Paul Dorling, Director of the Planning and Zoning, entered the Planning
and Zoning project file #2006-242 into the record.
Mr. Dorling stated the LDR's require a 24 foot wide street; however, the
proposed paving width of the interior roadway within the subject development is only 20
feet. Therefore, the applicant has requested a waiver to reduce the minimum width. This
is an extension of Gramercy Square that was approved and a similar waiver was approved
for the front section and for other projects.
Bradley Miller, Miller Land Planning Consultants, Inc., urged the
Commission to support the waiver to reduce the minimum width to make it consistent
with the rest of the project.
Mrs. Ellis moved to approve the Board Order granting approval of
reducing minimum paving width from 24 feet to 20 feet, seconded by Mrs. Montague.
Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Mrs. Montague-
Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes. Said motion passed with
a 5 to 0 vote.
9.D. SPECIAL EVENT REQUEST & RESOLUTION NO. 48-06/29TH
ANNUAL ROOTS CULTURAL FESTIVALIYOUTH AND ADULT
BASKETBALL TOURNAMENTS: Consider approval of a special event request to
allow the 29th Annual Roots Cultural Festival Family Day in Pompey, Festival Parade,
One Day Gospel Festival on the Square, and Youth and Adult Basketball Tournaments to
be held July 21, 2006 through August 12, 2006, and approve Resolution No. 48-06 in
support of the event; granting temporary use permit per LDR Section 2.4.6(H) for the use
of City facilities, right of way and parking lots; authorize staff support for security;
waiver of facility rental fee for City facilities; contingent upon sponsor providing a
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07/11106
liability insurance certificate, rental agreement from Old School Square (OSS), and a
hold harmless agreement.
Mrs. Montague moved to postpone the Special Event request to allow the
29th Annual Roots Cultural Festival Family Day and Resolution No. 48-06, seconded by
Mr. Fetzer. Upon roll call the Commission voted as follows: Mrs. Montague - Yes;
Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes. Said
motion passed with a 5 to 0 vote.
9.E. INITIATION OF COMPREHENSIVE PLAN AMENDMENT 2006-
1: Formally initiate Comprehensive Plan Amendment 2006-1 pursuant to Section 9.2.1
ofthe Land Development Regulations.
Paul Dorling, Director of Planning and Zoning, stated this is the City
Commission's initiation of Comprehensive Plan Amendment 2006-1. It includes six (6)
City initiated Future Land Use Map Amendments, two (2) privately initiated Future Land
Use Map Amendments, and six (6) text changes to the Comprehensive Plan.
At its meeting of June 19, 2006, the Planning and Zoning Board
considered the initiation request and they will consider this during the formal review July
17, 2006 and will be back before the Commission at the City Commission meeting of
August 1, 2006.
Mr. Levinson stated if the Commission allows this will CM-R allow
residential. Mr. Dorling stated it will allow residential on that parcel only. Mr. Dorling
stated what is being proposed is changing the land use from industrial to commerce and
subsequently a change from industrial zoning to MIC (Mixed Industrial Commercial)
zoning; and, apply an overlay district to that parcel alone and then that language in policy
would allow workforce housing in an industrial district.
job space.
Mr. Levinson expressed the concern over losing industrial land which is
Mr. Dorling reiterated that the Comprehensive Plan will be come before
the Commission for transmittal to DCA (Department of Community Affairs) on August
1, 2006. The City Manager stated the Commission will not adopt the Comprehensive
Plan until November after the State reviews it.
Mayor Perlman stated he would like Randy Welker's professional analysis
on Depot Road. Randy Welker, Economic Development Coordinator, came forward and
gave a brief overview of the industrial district.
Mr. Dorling stated the MIC does allow Mixed Industrial Commercial and
allows a maximum of 25% commercial and therefore there will be industrial on this site
even under the proposed zoning. He stated access is an issue as well and emphasized this
is a significant amount of traffic.
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07/11l06
Brief discussion between staff and the Commission continued.
1
Mrs. Ellis moved to approve the initiation of Comprehensive Plan
Amendment 2006-1, seconded by Mr. Fetzer. Upon roll call the Commission voted as
follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes;
Mrs. Montague - Yes. Said motion passed with a 5 to 0 vote.
9.F. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Consider the actions and decisions made by the Land Development Boards
for the period June 19,2006 through July 7,2006.
Mr. Levinson moved to appeal the Site Plan Review and Appearance
Board's Eagle Park item, seconded by Mr. Fetzer. Upon roll call the Commission voted
as follows: Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague-
Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote.
Mr. Levinson moved to approve to receive and file the remaining balance
of the report, seconded by Mrs. Montague. Upon roll call the Commission voted as
follows: Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman-
Yes; Mrs. Ellis - Yes. Said motion passed with a 5 to 0 vote.
9.G. DESIGNATION OF VOTING DELEGATE/FLORIDA LEAGUE OF
CITIES ANNUAL CONFERENCE: Designate the voting delegate to the Florida
League of Cities' 80th Annual Conference to be held at the Hyatt Regency Hotel in
Jacksonville, Florida on August 10-12, 2006.
Prior to the vote, Mr. Levinson suggested that the City Manager check
with Delores Rangel, Administrative Assistant regarding the accommodations.
Mrs. Ellis moved to approve to des~ate Commissioner Fetzer as the
voting delegate to the Florida League of Cities' 80 Annual Conference, seconded by
Mrs. Montague. Upon roll call the Commission voted as follows: Mr. Levinson - Yes;
Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes. Said
motion passed with a 5 to 0 vote.
9.H. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint one
(1) alternate member to the Board of Adjustment for an unexpired term ending August
31, 2007. Based upon the rotation system, the appointment will be made by
Commissioner Levinson (Seat #3).
Mr. Levinson moved to appoint George "Steve" Thacker as an alternate
member to the Board of Adjustment for an unexpired term ending August 31, 2007,
seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mrs.
Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr.
Levinson - Yes. Said motion passed with a 5 to 0 vote.
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07/11106
9.1. APPOINTMENT TO THE CIVIL SERVICE BOARD: Appoint one
(1) alternate member to the Civil Service Board for a two (2) year term ending July 1,
2008. Based upon the rotation system, the appointment will be made by Commissioner
Levinson (Seat #3).
Mr. Levinson moved to reappoint Eric Luckman as an alternate member to
the Civil Service Board for a two (2) year term ending July 1,2008, seconded by Mrs.
Ellis. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs. Ellis
- Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes. Said motion passed
with a 5 to 0 vote.
9.J. APPOINTMENTS TO THE DELRAY BEACH HOUSING
AUTHORITY: Appoint three (3) regular members to the Delray Beach Housing
Authority for four (4) year terms ending July 14, 2010. Based upon the rotation system,
the appointments will be made by Commissioner Ellis (Seat #1), Commissioner Fetzer
(Seat #2), and Commissioner Levinson (Seat #3).
Mrs. Ellis moved to appoint Thuy Shutt as a regular member to the Delray
Beach Housing Authority for a four (4) year term ending July 14, 2010, seconded by Mr.
Levinson. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mr. Fetzer
- Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes. Said motion
passed with a 5 to 0 vote.
Mr. Fetzer moved to reappoint Alfred Etienne as a regular member to the
Delray Beach Housing Authority for a four (4) year term ending July 14, 2010, seconded
by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. Fetzer - Yes;
Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes.
Said motion passed with a 5 to 0 vote.
Mr. Levinson moved to reappoint Dawn Guzzetta as a regular member to
the Delray Beach Housing Authority for a four (4) year term ending July 14, 2010,
seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Levinson
- Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes.
Said motion passed with a 5 to 0 vote.
9.1(. APPOINTMENT TO THE DOWNTOWN DEVELOPMENT
AUTHORITY: Appoint one (1) regular member to the Downtown Development
Authority (DDA) for an unexpired term ending July 1, 2008. Based upon the rotation
system, the appointment will be made by Commissioner Levinson (Seat #3).
Mr. Levinson moved to appoint Nancy Stewart as a regular member to the
Downtown Development Authority for an unexpired term ending July 1, 2008, seconded
by Mrs. Montague. Upon roll call the Commission voted as follows: Mrs. Montague -
Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes.
Said motion passed with a 5 to 0 vote.
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07111106
9.L. APPOINTMENTS TO THE EDUCATION BOARD: Appoint five (5)
regular members for two (2) year terms ending July 31, 2008 and one (1) student member
for a one (1) year term ending July 31, 2007 to the Education Board. Based upon the
rotation system, the appointments will be made by Commissioner Fetzer (Seat #2),
Commissioner Levinson (Seat #3), Commissioner Montague (Seat #4), Mayor Perlman
(Seat #5), Commissioner Ellis (Seat #1), and Commissioner Fetzer (Seat #2).
1
Mr. Fetzer moved to reappoint Debra Kaiser as a regular member to the
Education Board for a two (2) year term ending July 31,2008, seconded by Mrs. Ellis.
Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs. Ellis -
Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes. Said motion passed
with a 5 to 0 vote.
Mr. Levinson stated he would like to defer his appointment to the regular
meeting of July 25, 2006.
Mrs. Montague moved to reappoint Harold Van Arnem as a regular
member to the Education Board for a two (2) year term ending July 31, 2008, seconded
by Mr. Levinson. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mr.
Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes. Said
motion passed with a 5 to 0 vote.
Mayor Perlman stated he wished to reappoint Peggy Murphy as a regular
member to the Education Board for a two (2) year term ending July 31, 2008. Mrs. Ellis
so moved, seconded by Mr. Levinson. Upon roll call the Commission voted as follows:
Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes;
Mrs. Ellis - Yes. Said motion passed with a 5 to 0 vote.
Mrs. Ellis stated she would like to defer her appointment to the regular
meeting of July 25, 2006.
Mr. Fetzer stated he too would like to defer his second appointment to the
regular meeting of July 25, 2006.
9.M. APPOINTMENTS TO THE PUBLIC ART ADVISORY BOARD:
Appoint three (3) regular members to the Public Art Advisory Board for two (2) year
terms ending August 2, 2008. Based upon the rotation system, the appointments will be
made by Commissioner Levinson (Seat #3), Commissioner Montague (Seat #4), and
Mayor Perlman (Seat #5).
Mr. Levinson moved to reappoint Vincent Dole as a regular member to the
Public Art Advisory Board for a two (2) year term ending August 2, 2008, seconded by
Mr. Fetzer. Upon roll call the Commission voted as follows: Mrs. Montague - Yes;
Mayor Perlman - Yes; .Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes. Said
motion passed with a 5 to 0 vote.
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07111106
Mrs. Montague moved to reappoint Sharon Koskoff as a regular member
to the Public Art Advisory Board for a two (2) year term ending August 2, 2008,
seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mayor
Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague
- Yes. Said motion passed with a 5 to 0 vote.
Mayor Perlman moved to reappoint Mary Smith as a regular member to
the Public Art Advisory Board for a two (2) year term ending August 2, 2008. Mrs. Ellis
so moved, seconded by Mrs. Montague. Upon roll call the Commission voted as follows:
Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor
Perlman - Yes. Said motion passed with a 5 to 0 vote.
At this point, the time being 8:48 p.m., the Commission moved to Item
12, First Readings.
12. FIRST READINGS:
12.A. ORDINANCE NO. 5-06: Annexation, Small-Scale Future Land Use
Map amendment from County RL-3 (Low Density Residential - 3 dwelling units per
acre) to City TRN (Transitional) and Rezoning from County CG/SE (Commercial
GeneraVSpecial Exception to City SAD (Special Activities District) for a 0.99 acre
property, to be known as Robotic Space Savers, located at the southwest corner of
Conklin Drive and Military Trail. If passed, a public hearing will be scheduled for July
25, 2006.
The caption of Ordinance No. 5-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
ANNEXING TO THE CITY OF DELRA Y BEACH, A
PARCEL OF LAND LOCATED AT THE SOUTHWEST
CORNER OF CONKLIN DRIVE AND MILITARY
TRAIL, AS MORE PARTICULARLY DESCRIBED
HEREIN, WHICH LAND IS CONTIGUOUS TO
EXISTING MUNICIPAL LIMITS; REDEFINING THE
BOUNDARIES OF THE CITY TO INCLUDE SAID
LAND; PROVIDING FOR THE RIGHTS AND
OBLIGATIONS OF SAID LAND; AFFIXING AN
OFFICIAL LAND USE DESIGNATION OF
TRANSITIONAL FOR SAID LAND TO THE FUTURE
LAND USE MAP AS CONT AlNED IN THE
COMPREHENSNE PLAN; ELECTING TO PROCEED
UNDER THE SINGLE HEARING ADOPTION
PROCESS FOR SMALL SCALE LAND USE PLAN
AMENDMENTS; PROVIDING FOR THE ZONING
THEREOF TO SPECIAL ACTNITIES DISTRICT (SAD)
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07/11/06
DISTRICT; AND AMENDING SECTION 4.4.25(G),
"S.A.D.s", TO ADD SUBSECTION (9) "ROBOTIC
SPACE SAVERS" TO THE LIST OF APPROVED
SAD.s; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTNE
DATE.
I
office. )
(The official copy of Ordinance No. 5-06 is on file in the City Clerk's
The City Attorney read the caption of the ordinance.
Paul Dorling, Director of Planning and Zoning, stated this is a 0.99 acre
site on the south side of Conklin Drive north of Lake Ida Road.
Mr. Dorling stated this is a voluntary annexation FLUM amendment from
County LR-3 to City GC and a transitional land use designation with a rezoning from
County GC/SE to City SAD. This is being processed as a small scale amendment.
Currently the advisory land use designation for the property is MD and the County
designation is LR-3 (Low Residential) and Transitional is being proposed. Mr. Dorling
stated there is a concern that it is not consistent with the City advisory designations or the
County land use designation of LR-3 (Low Residential). Furthermore, the Planning and
Zoning staff had concerns with the application of SAD (Special Activities District) and
that it was inappropriately being applied to the property. There were also concerns
expressed regarding the compatibility with the surrounding development, and its potential
to negatively affect the character of the area. He stated in the staff report it states that it is
inconsistent with the Comprehensive Plan and there are polices within the
Comprehensive Plan which talk about new development being consistent and
complimentary to adjacent land uses.
At its meeting of January 23, 2006, the Planning and Zoning Board
considered this item and there was public testimony from the neighborhood to the west
and concerns regarding compatibility were raised. The Board recommended denial of
this annexation, land use, and zoning.
Mr. Fetzer moved to approve Ordinance No. 5-06 on FIRST Reading,
seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mr. Fetzer _
Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes.
Said motion passed with a 5 to 0 vote.
12.B. ORDINANCE NO. 39-06: Amendment to the Land Development
Regulations (LDR) Article 4.7, FamilylWorkforce Housing", Subsection 4.7.4(d),
"Density Bonus Program for the Southwest Neighborhood Overlay District, Carver
Estates Overlay District, and Infill Workforce Housing Area; Bonus Allowances", to
provide the same number of bonus units for "sale" and "rental" units; Section 4.7.7, "For
Sale Housing Units", to allow a right of first refusal to the Community Land Trust; and
- 28-
07/11/06
4.7.9(c)(v) to provide that the proportions of "for sale" to "for rent" units for projects that
are funded by certain State financing programs shall not need to be proportional if 20%
of the "for sale" units are workforce units. If passed, a public hearing will be scheduled
for July 25, 2006.
The caption of Ordinance No. 39-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES, OF
THE CITY OF DELRA Y BEACH, AMENDING
ARTICLE 4.7, "FAMILYIWORKFORCE HOUSING"
AND ORDINANCE 18-06, BY AMENDING SECTION
4.7.4, "DENSITY BONUS PROGRAM FOR THE
SOUTHWEST NEIGHBORHOOD OVERLAY
DISTRICT; THE CARVER ESTATES OVERLAY
DISTRICT AND THE INFILL WORKFORCE HOUSING
AREA; AND SUBSECTION 4.7.4.d. TO PROVIDE THE
SAME NUMBER OF BONUS UNITS FOR "FOR SALE"
AND RENTAL UNITS; BY AMENDING SECTION
4.7.7, "FOR SALE HOUSING UNITS" TO ALLOW A
RIGHT OF FIRST REFUSAL TO THE COMMUNITY
LAND TRUST; BY AMENDING SECTION 4.7.9,
"GENERAL PROVISIONS", SUBSECTION 4.7.9.c.v.,
TO PROVIDE THAT PROPORTIONS OF "FOR SALE"
TO "FOR RENT" UNITS FOR PROJECTS INCLUDING
"FOR SALE" AND "FOR RENT" UNITS THAT ARE
FUNDED BY CERTAIN STATE FINANCING
PROGRAMS SHALL NOT NEED TO BE
PROPORTIONAL SO LONG AS TWENTY PERCENT
OF THE "FOR SALE" UNITS ARE FOR WORKFORCE
HOUSING; BY AMENDING SECTION 4.7.11,
"DENSITY BONUS TABLES TO ELIMINATE THE
BONUS DIFFERENTIAL BETWEEN "FOR SALE" AND
"FOR RENT" UNITS; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTNE DATE.
office. )
(The official copy of Ordinance No. 39-06 is on file in the City Clerk's
The City Attorney read the caption of the ordinance.
Paul Dorling, Director of Planning and Zoning, stated the amendment
proposed three new changes; the first would give the same density bonus for "for sale"
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07/11106
units as "rental units". The second change revises Section 4.7.9 to not require similar
proportions of "for sale" and "rental units" within a project when it is funded by state
financing programs and it contains at least 20% "for sale" workforce units. The third
modification adds a provision that the Community Land Trust (CLT) receives right of
first refusal on workforce housing units developed on non-CLT owned lands.
)
At its meeting of June 19, 2006, the Planning and Zoning Board held a
public hearing in conjunction with the text amendment. The Board voted 6-0 (Chuck
Halberg absent) to recommend approval of the text amendment request to enhance the
City's Workforce Housing Program.
Mrs. Montague moved to approve Ordinance No. 39-06 on FIRST
Reading, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr.
Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr.
Fetzer - Yes. Said motion passed with a 5 to 0 vote.
At this point, the Commission moved to Item 13, Comments and
Inquiries on Non-Agenda Items from the Commission.
13.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
B.A.
City Mana!!er
The City Manager stated he is disappointed in the demolition of the home
located at 527 North Swinton Avenue (directly across the street from his home). He
stated currently the Code does not contemplate any process going from contributing to
non-contributing so this will need to be addressed and will be part of what staff is going
through now to amend the Historic Preservation Board ordinance. He expressed concern
over what is happening in his neighborhood and noted it is already desecrated with a Key
West style house. He stated it should be built in one of the styles that are in the district
(i.e. a bungalow, craftsman, mission, Mediterranean revival). The City Manager stated
he hopes the Board will work with the applicant to come up with one of those designs
because he is concerned about what is happening in the district.
Secondly, he stated Chief Schroeder has made a decision regarding
promotions within the Police Department. The City Manager stated David Weatherspoon
has been promoted to Sergeant.
13.B.
City Attornev
The City Attorney stated she received a letter regarding the Churchill
property and Mr. Malkemes would like to purchase the property subject to the City's
assurance that neither his existing property nor the 3.18 acres would be involuntarily
annexed into the City for the next ten years. It was the consensus of the Commission to
allow the City Attorney to move forward with the RFP.
- 30-
07/11106
Secondly, the City Attorney stated she received a telephone call today
from Trela White (Corbett & White, P.A.), Attorney with the Palm Beach County League
of Cities, regarding County activities on level of service standards and tomorrow the
County will vote on ballot language for a County Charter change on level of service
standards for fire-rescue. She stated they reached an accommodation with the County by
passing resolutions (as did other cities) and the County indicated that they would not do
anything for approximately 3-5 years. The City Attorney stated there will be a meeting
tomorrow morning and she will be sending Terrill Barton, Assistant City Attorney, in her
place. Also, the City Attorney stated Jamie Titcomb will be present. The City Attorney
stated she would like the support of the Commission to not pass the ballot language if this
is how the Commission feels.
.u&
City Commission
13.C.1.
Mr. Fetzer
Mr. Fetzer stated at the last City Commission meeting there was
discussion about requiring generators for multi-family condominiums and noted he
received an email from condominium association president regarding information on a
house bill that passed and went into affect July 6, 2006. He gave this information to the
City Attorney for her review.
13.C.2.
Mrs. Ellis
Mrs. Ellis stated she voted against Item 9.B. (Appeal of the Historic
Preservation Board's Decision Associated with 527 North Swinton Avenue) because
previously the applicant appeared before the City Commission who implied that this was
not going to be an issue with them because they were going to come back with under a
2,000 square foot design and therefore it would not have to be brought back to the
Commission again. Mrs. Ellis stated instead of doing that, the applicant hired Mr.
Weiner and came back with a 3,100 square foot house. She believes there was little
effort made on the applicant's part to take into consideration the concerns of the
Commission.
13.C.3.
Mrs. Monta!!ue
Mrs. Montague commented about the 50 year rule and stated during the
applicant's due diligence period when they actually purchased the home it was
questionable as to exactly when the home was built. She expressed concern that the
language needs to be very specific to include the actual year the house was built so that it
does not have to come to this level before the City Commission, so that it does not upset
the community, and the applicant does not have to go through the painful process that
they had to go through and that we also retain the neighbors in the community.
Secondly, Mrs. Montague thanked Mayor Perlman and Commissioner
Levinson from Friends ofIsraeli Scouts.
- 31 -
07111106
Lastly, she presented a gift to Mayor Perlman from the Black Sooners and
stated former Commissioner Jimmy Weatherspoon is a noble.
13.C.4.
Mr. Levinson
I
Mr. Levinson commented about a letter from Bill Fay thanking the City of
Delray Beach for one of the Community Service Officers (CSO). He suggested that the
Community Service Officers and the School Crossing Guards be recognized at a
Commission meeting prior to the start of school.
Secondly, he stated the Children's Services Council (CSC) is holding a
training seminar with Ruby Payne and Phil Devall. Mr. Levinson stated he brought Ruby
Payne to Leadership Florida and noted that she is phenomenal. He suggested that the
Commission attend the meeting in the morning to listen to Ruby Payne.
Mr. Levinson stated he met with Dr. Steve Hacker (a local Dermatologist)
who has talked with the Parks and Recreation staff about "Delray rules/tips on the sun"
that could be posted at the beach and ball fields, etc. Mr. Levinson stated Dr. Hacker has
offered to help the City of Delray Beach in putting together good sun safety tips and also
suggested that this be placed in the News Wave and the News for Neighborhoods. The
City Manager stated the City recently held a sun cancer screening for employees and
distributed posters regarding heat exhaustion, etc.
Lastly, Mr. Levinson stated Lyle did a great job with regard to the Goal
Setting Sessions and extended kudos to those attendees who spent approximately 3 hours
there on Monday evening. He stated there were many great ideas that came out of the
Goal Setting Sessions and feels the process works well.
13.C.5.
Mavor Perlman
Mayor Perlman stated he attended the Cinco de Mayo recognition on
Saturday evening. He stated everyone had a great time and it was a good festival.
Secondly, he stated the Citizens' Summit was terrific and commented
there were many great ideas.
Lastly, Mayor Perlman thanked Melissa Capone who won the opportunity
to be "Mayor for the day" and stated it has been a delight to have her in attendance this
everung.
There being no further business, Mayor Perlman declared the meeting
adjourned at 9:22 p.m.
~ ~~. '\(J\~\~)
-...,--
City Clerk
- 32-
07/11106
ATTEST:
8~of <<-
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 July 11, 2006, which Minutes were formally approved and adopted by the City
Commission on July 25. 2006
~,,~ ~. \0~
City Clerk
NOTE TO READER:
If the Minutes you have received are not completed as indicated above, this means they
are not the official Minutes of the City Commission. They will become the official
Minutes only after review and approval which may involve some amendments, additions
or deletions as set forth above.
- 33 -
07/11106
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
SCOTT CORREALE & SHANNON DAWSON,
Appellant(s),
vs.
CITY OF DELRAY BEACH,
Appellee.
I
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. This appeal of a denial of a Certificate of Appropriateness for demolition
has come before the City Commission on July 11, 2006.
2. The Appellants, Appellee and City staff presented documentary evidence
and testimony to the City Commission pertaining to the appeal of the certificate of
appropriateness for demolition. All of the evidence is part of the record in this case.
Required findings are made in accordance with Subsections I and II.
I.
COMPREHENSIVE PLAN:
REQUIREMENTS MET?
ARE THE COMPREHENSIVE PLAN
Is the Certificate of Appropriateness for demolition consistent with
and furthers the policies and objectives of the Comprehensive Plan?
Yes 4
No 1
II. . LAND DEVELOPMENT REGULATIONS: ARE THE LOR REQUIREMENTS
MET?
a. Pursuant to Section 4.5.1 (F)(1), the Historic Preservation Board upon a
request for demolition by a property owner, shall consider the following guidelines in
evaluating applications for a certificate of appropriateness for demolition of designated
historic sites, historic interiors, or buildings, structures, or appurtenances within
designated historic districts;
r fe-I'1^- cr. 8 .
(a) Whether the structure is of such interest or quality that it would
reasonably fulfill criteria for designation for listing on the national
register.
I
(b) Whether the structure is of such design, craftsmanship, or material that
it could be reproduced only with great difficulty or economically
nonviable expense.
(c) Whether the structure is one of the last remaining examples of its kind
in the designated historic district within the city.
(d) Whether retaining the structure would promote the general welfare of
the city by providing an opportunity to study local history, architecture,
and design, or by developing an understanding of the importance and
value of a particular culture and heritage.
(e) Whether there are definite plans for immediate reuse of the property if
the proposed demolition is carried out, and what effect those plans will
have on the character of the surrounding area.
Are these requirements met?
Yes
4
No
1
b. Pursuant to LOR Section 4.5.1(E)(4), a historic site, or building, structure,
site, improvement, or appurtenance within a historic district shall 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.
Is this requirement met?
Yes
4
No
1
3. The City Commission has applied the Comprehensive Plan and LOR
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.
2
5. Based on the entire record before it, the City Commission approves X
denies _ the appeal and hereby adopts this Order this \ t+~ day of July, 2006, by
opposed.
a vote of
4 in favor and 1
~
. L S). \J~)
Chevelfe Nubin
City Clerk
3
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRA Y BEACH, FLORIDA
WAIVER REQUESTED BY GRAMERCY SQUARE TOWNHOMES
1.
2006.
These waiver requests came before the City Commission on July ii,
2. The City staff, applicant, and other persons have presented documentary
evidence and testimony to the City Commission pertaining to the waiver requests of
Gramercy Square. All of the evidence is part of the record in this case.
3. Waivers: Pursuant to LDR Section 2.4.7{B){5), prior to granting a waiver,
the approving body shall make a finding that the granting of the waiver:
(a) shall not adversely affect the neighboring area;
(b) shall not significantly diminish the provision of public facilities;
(c) shall not create an unsafe situation; and
(d)....aoes not result in the grant of a special privilege in that the same
waiver would be granted under similar circumstances on other
property for another applicant or owner.
4. Minimum Pavino Widths: Per LDR Section 6.1.2{C){3){a), the minimum
paving width for an interior road is 24'; however, the paving width of the interior roadway
within the subject development proposal is only 20'.
Pursuant to LDR Section 6.1.2{C), upon the recommendation of the City
Engineer, and with the approval of the Fire Marshal, the City Commission may authorize
a reduction in the minimum required width of paving if it is determined that the
requirements of this subsection would not be feasible or would constitute a hardship in a
particular instance and provided this reduction would not endanger public safety and
welfare. The development proposal provides a 20 foot wide street with two feet of
valley gutter on both sides of the pavement. The City Engineer and the Fire Marshal
have previously supported reductions that have been granted to the pavement wid for
'7\ll/Oy D
Sc,~~~~
t~
r.1-# '^~ q. C- .
other townhouse projects such as Atlantic Palm, Atlantic Grove and Legacy at
Sherwood Forest. In this particular request, the two foot valley gutter on either side of
the road will provide sufficient area for large emergency vehicles to navigate the road.
The reduction can be supported as long as the Homeowner's Association documents
contain a prohibition on the parking of vehicles within the street access tracts (this is a
condition of the Class V site plan approval).
Should the waiver be granted to reduce the minimum paving
,
I
widths?
Yes 5 No 0
5. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the original site plan waS submitted.
6. 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.
7. Based on the entire record before it, the City Commission approves X
denies _ the waiver requests and hereby adopts this Order this \ ~ay of July,
2006, by a vote of 5
in favor and 0
ATTEST:
~.. ~\J. \).~~
Chevelle Nubin
City Clerk
2
LAW OFFICES
H. CASSEDY SUMRALL, JR.
PROFESSIONAL ASSOCIATION
355 N.E. FIFTH AVENUE. SUITE B
DELRAY BEACH, FLORIDA 33483-5542
TELEPHONE
(561) 272-7040
July 5, 2006
FAX
(561) 272-5755
Ms. Susan Ruby
Delray Beach City Attorney
200 N.W.1stAvenue
Delray Beach, FL 33444
Re: Churchill Property
Dear Ms. Ruby:
I represent Bill Malkemes who owns the property at 4686 133rd Road South, Delray Beach
33445, where he maintains his business known as Tip Top Tree Services, Inc. as welras
his residence. The City has previously negotiated with Bill concerning purchasing part of
his property which negotiations I believe have terminated.
It is my understanding that the City may be willing to sell the property next to Mr.
Malkemes's property consisting of 3.18 acres which he has had appraised recently by
Anderson & Carr for an appraised value of 1.4 million. Mr. Malkemes would be interested
in purchasing the property subject to the City's assurance that neither his existing property
nor the 3.18 acres would be inVOluntarily annexed into the City for the next ten years since
it would be his intention to expand his business on to the 3.18 acres as well as what he
currently owns and to continue the business for some time in the future.
Please let rne know if the City would be willing to pursue a contract with Mr. Malkemes for
the sale of the subject property and what the price would be.
Thank you for your consideration.
HCSJrlbcf
ve?l~~
~ ~~~SEDY SUMRALL, JR.
cc: Bill Malkemes
Bill Plum
~o....~ ~~ "'"'- . <-....,::~ ,\) ..\\..
~..L_., \'2.. \K
RECEIVED
JUL 0 6 2000
.~IF!TTORNEY
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