08-01-06 Minutes Reg
AUGUST 1. 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, August 1,2006.
1.
Roll call showed:
Present - Commission Rita Ellis
Commissioner Fred Fetzer
Commissioner Jon Levinson
Mayor Jeff Perlman
Absent - Commissioner Brenda Montague
Also present were - David T. Harden, City Manager
Robert A. Barcinski, Assistant City Manager
Susan A. Ruby, City Attorney
Chevelle D. Nubin, City Clerk
2. The opening prayer was delivered by Representative Joyce Richardson
with the First Church of Christ Scientist.
3.
gIven.
The Pledge of Allegiance to the flag of the United States of America was
4.
AGENDA APPROVAL.
Mayor Perlman stated there is additional information for Item 9.B.,
Appeal of the Site Plan Review and Appearance Board Decision/Sea2:ate Beach Club
and Item 9.D., Lease A2:reement/GTP Acquisition Partners II. LLC.
Mayor Perlman noted the addition of Item 9.1., Palm Beach County
Caucus of Black Elected OfticialslBlack Tie Gala to the Regular Agenda by
addendum.
Also, Mayor Perlman stated he would like to add Item 9.J.,
Consideration of Florida Lea2:ue of Cities Excellence Awards Pro2:ram.
Mayor Perlman noted there is additional information for Item 10.A.,
Ordinance No. 38-06 (First Readin2:/Transmittal Hearinl! for Comprehensive Plan
Amendment 2006-1).
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Mr. Levinson moved to approve the Agenda as amended, seconded by
Mrs. Ellis. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Mayor
Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes. Said motion passed with a 4 to 0
vote.
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5.
APPROVAL OF MINUTES:
NONE.
6.
PROCLAMATIONS:
NONE.
7.
PRESENTATIONS:
NONE.
8.
CONSENT AGENDA: City Manager Recommends Approval.
8.A. RATIFICATION OF THE SOUTH CENTRAL REGIONAL
W ASTEW ATER TREATMENT AND DISPOSAL BOARD ACTIONS: Approve
and ratify the action of the South Central Regional Wastewater Treatment and Disposal
Board at their Quarter Annual Meeting of July 20, 2006.
8.B. ACCEPTANCE OF RIGHT-OF-WAY DEED/SLOAN HAMMOCK
PROJECT: Approve and accept a right-of-way deed associated with the Sloan
Hammock Project, located along the east side of the property and adjacent to S.E. 7th
Avenue.
8.C. ACCEPTANCE OF RIGHT-OF-WAY DEED/SW 14TH AVENUE
TOWNHOMES PROJECT: Approve and accept a right-of-way deed associated with
the SW 14th Avenue Townhomes Project, located along the east side of the property and
adjacent to the alley.
8.D. ACCEPTANCE OF RIGHT-OF-WAY DEEDILAFRANCE HOTEL
PROJECT: Approve and accept a right-of-way deed associated with the Lafrance Hotel
Project, located along the west side of the property and adjacent to the alley.
8.E. FLORIDA RECREATION DEVELOPMENT ASSISTANCE
PROGRAM (FRDAP) GRANTSIBEXLEY TRAIL COMMUNITY AND EAGLE
PARKS: Authorization to apply for grants from the Florida Recreation Development
Assistance Program (FRDAP) in the amount of $200,000.00 for Bexley Trail Community
Park and in the amount of $200,000.00 for Eagle Park for the development of both parks.
8.F. CLOSEOUT/CHANGE ORDER NO. 3/FINAL
PAYMENT/RANGER CONSTRUCTION INDUSTRIES. INC.: Approve Change
Order No.3 in the amount of$2,500.00 and final payment in the amount of$70,143.41 to
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Ranger Construction Industries, Inc. for the completed 2005 Street Resurfacing Project.
Funding is available from 334-3162-541-61.17 (General Construction Fund/Street
Reconstruction).
8.G. CHANGE ORDER NO. 2/CHAZ EOUIPMENT. INC.: Approve
Change Order No.2 in the amount of $47,750.00 to Chaz Equipment, Inc. for the
emergency repair of a 10" sanitary sewer main at Lift Station #84 in the High Point
Subdivision. Funding is available from 442-5178-536-63.51 (Water/Sewer Renewal and
Replacement Fund/Sewer Mains).
8.H. CORRECTION/ HOUSING REHABILITATION
GRANT/CONTRACT AWARD: Approve a correction to the Housing Rehabilitation
Grant/Contract Award which was incorrectly listed (typo) on the May 2, 2006
Commission Agenda as being available in the State Housing Initiatives Partnership
(SHIP) Program instead of the Community Development Block Grant (CDBG) Program.
The account number 118-1963-554-49.19 was correct.
8.1. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards for
the period July 24, 2006 through July 28, 2006.
8.J. AWARD OF BIDS AND CONTRACTS:
1. Contract award to Duraclean, Inc. in the amount of $50,281.00 for
water damage and microbial remediation at the north wing of City
Hall and the Municipal Golf Course Clubhouse. Funding is
available from 551-1575-591-45.50 (Insurance/Property Claims).
2. Bid award to Boyd S. Boggess in the amount of $16,840.00 for the
replacement of all 4 x 12 beams on the arbor at Veterans Park.
Funding is available from 001-4131-572-63.40 (General
Fund/Recreational Improvements).
8.K. AMENDMENT NO. 1ITRI-PARTY OPERATING
AGREEMENT /MIRACLE LEAGUE FIELD: Approve Amendment No.1 to the Tri-
Party Operating Agreement. between the City, Miracle League of Delray Beach, Inc. and
Anthony V. Pugliese, III, regarding the insurance requirements for the Miracle League
Field at Miller Park.
Mrs. Ellis moved to approve the Consent Agenda, seconded by Mr. Fetzer.
Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; Mr. Levinson - Yes;
Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a 4 to 0 vote.
9.
REGULAR AGENDA:
9.A. CONDITIONAL USE REOUEST/SEAGATE BEACH CLUB:
Consider a request to allow the partial demolition and reconstruction of a new private
beach club, the Seagate Beach Club, with attendant recreational, dining, and related
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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)
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The City Attorney stated there has been a suggestion by the applicant that
they would like to have the hearing for Item 9.A. and Item 9.B. (one is a Conditional Use
and one is a Site Plan combined). The hearing will be combined although there will be
separate votes on the issue. The hearing will be combined because it will be repetitive if
it is not done that way.
Mayor Perlman read into the record the City of Delray Beach procedures
for a Quasi-Judicial Hearing for this item and all subsequent items.
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor Perlman asked the Commission to disclose their ex parte
communications. Mr. Levinson stated in addition to the applicant and their
representatives he provided his communications to the City Clerk. Mayor Perlman stated
he had conversations with the applicant and their representatives and email he provided
to the city. Mrs. Ellis stated she spoke to the applicant and representatives received many
telephone calls and emails. Mr. Fetzer stated he met with the applicant and
representatives and Eleanor Halperin, the Attorney for Mr. Pechter, and received various
email communication which he has turned over to the city.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning project file #2006-073 and the Site Plan Review and Appearance Board file
#2006-028 into the record.
Mr. Dorling stated this is a conditional use request for demolition of an
existing private beach club and reconstruction of a new facility at that site. The current
property contains a pool, a 1,523 square foot cabanalbath house, and a 7,486 square foot
restaurant. The proposal is to demolish the existing restaurant and a portion of the
cabanalbathhouse and construct a two-story 6,796 square foot restaurant (combined floor
area for the building and exterior dining area). The conditional use request also includes
two waiver requests and two' special action requests.
At its meeting of June 19, 2006, the Planning and Zoning Department
recommended denial of the waiver for the two handicap parking spaces; however, the
Board recommended approval of the perimeter landscape buffer with a vote of 6 to O.
The Board voted 3 to 3 on a recommendation to the City Commission of a reduction for
valet queue spaces and voted 6 to 0 to deny the reduction in parking spaces. The
conditional use request was approved with a vote of 6 to 0 subject to ten conditions as
listed in the Planning and Zoning staff report (City Commission documentationIPlanning
and Zoning Board consideration). One of those conditions relates to outdoor music in
that it is prohibited after 10:00 p.m. and this was conveyed to SPRAB and they agreed
with the condition. It is part of the Site Plan Review and Appearance Board (SPRAB)
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appeal. Staff recommends approval of the conditional use including all the waivers and
the special actions subject to conditions 1 through 10 as identified on page two of the
City Commission documentation.
Staff believes that the Planning and Zoning Board and SPRAB
recommendations that outdoor music not occur after 10:00 p.m. is appropriate given the
location of residential uses immediately to the south. Staff recommends approval of the
conditional use and that the Commission grant the applicant's appeal of the SPRAB's
decision with the exception of the issue of the outside music because staff feels this
should stay.
Tom Carney. Attornev with The Carney Lel!:al Group. P.A.. 901
Georl!:e Bush Boulevard. Delrav Beach. speakinl!: on behalf of HHC Florida
(applicant of the site plan for the new Seal!:ate Beach Club) stated the Seagate Beach
Club has been operating from its current location for 60 years. In 2005, the City
Commission modified the LDR's to provide that the Seagate Beach Club is a conditional
use in its current location. Therefore, no new use is being sought for the Beach Club. He
stated they agreed to apply for conditional use approval for a use which was already a
conditional use. At the Planning and Zoning Board meeting and at the subsequent
meeting at the SPRAB, the applicant sought two waivers and two special actions. In
addition, the applicant sought to modify or delete certain conditions of the suggested
conditions of approval. Mr. Carney stated approximately 1 12 ago when talk began about
the widening of A-1-A associated with the new bike lanes it was then that the applicant
decided it was a good time to address the concerns expressed over the years about the
drop-off in front of the Seagate Beach Club and it was decided to redesign the Club and
pull it back off A-1-A in order to create a much improved and safer entrance. However,
because of the new setback rules which require a 25 foot setback from the right-of-way
coupled with the erosion control line it had left the Club with only a sliver of land. In
keeping with the site limitations, the applicant developed a design for a two-story
structure and noted that the footprint of the Club is 12 of what it is today and the square
footage is reduced. Mr. Carney urged the Commission to accept the waivers and special
actions approved by SPRAB and incorporate them into the conditional use application
and find that it meets all the requirements ofLDR Section 2.4.7(B)(5). Mr. Carney stated
according to the staff report the LDR's provide that the site plan is 12 spaces deficient.
The applicant has found additional spaces and therefore they are only 9 spaces deficient.
Mr. Carney stated the parking which will be supplied will accommodate the specific use
of a beach club. Therefore, Mr. Carney urged the Commission to grant the appeal and
approve the site plan as presented with the reduction of the 9 parking spaces based on the
competent evidence they have provided. He stated with regard to the conditions of
approval they are in general agreement except for the following: The condition of
approval that there be no amplified or non-amplified music after 10:00 p.m. Mr. Carney
stated they have agreed to comply with the noise ordinance and believes it is
inappropriate to single out the Seagate Beach Club when they have agreed to comply
with the noise ordinance currently in place. Therefore, they have appealed this condition
of approval for the conditional use appeal of the SPRAB decision and request that the
City Commission remove this as a condition of approval on both. Mr. Carney referenced
condition of approval #9 and asked that the Commission delete the sentence stated "All
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spotlights illuminating the grounds, building, or beach area are prohibited during March
I st through December 31st." Also, Mr. Carney asked that the Commission delete the
sentence regarding the lighting which states they will comply with the Code of
Ordinances Section 91.51 and the Department of Environmental Protection, etc., In
addition, Mr. Carney requested that condition of approval #5 be deleted. He stated with
regard to the door for the dumpster he requested that the Commission support the appeal
so they can remove these as conditions of approval on both the conditional use approval
and the SPRAB approval. Lastly, Mr. Carney asked the Commission to approve the
conditional uses per the recommendations of the Planning and Zoning Board and that the
request is consistent with the Comprehensive Plan, the Future Land Use Map, the
concurrency requirements have been met, the use is consistent with Future Land Use
Element Policy C.3.4, Coastal Management Element Objective and meets the criteria set
forth in Section 2.4.5(E)(5) and Chapter 3 of the LDR's.
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Ellie Halperin. Levv Kneen. P.L.. Attornev for Jeffrev Pechter
(property owner immediately to the south of the Sea2:ate Beach Club) 1601 Forum
Place. Suite #300. West Palm Beach. stated when Mr. Pechter bought his home he knew
the Beach Club was next to him and knew most of the uses that went on there. However,
Ms. Halperin stated when Mr. Pechter moved in he did not anticipate there being noise
after 10:00 p.m. especially on the weekends, the parking issues (numerous cars parking in
the swales and blocking his driveway when the valet queue backed up), and the dumpster
noise. Ms. Halperin stated the addition of the second story made Mr. Pecther even more
concerned about potential noise especially coming from the second story as well as his
potential loss of privacy since his home is very close to the property line. She stated the
applicant has agreed to some enhanced landscape buffering between the properties as
well as agreeing to place a solid wall on the south side of the second story balcony in lieu
of louvered panels. Ms. Halperin requested that the City continue to ask the Beach Club
to make sure the dumpsters stay behind closed doors and not sitting outside all day. Ms.
Halperin stated the applicant has agreed to turn the amplified music at the times it is
allowed away from the southern exposure and asked that this be added as a condition.
She stated the increase in the queue will help the valet and not block Mr. Pechter's
driveway and therefore they support the waiver. The LDR's allow for shared parking but
not in a residential area; the shared parking is only allowed in commercial areas (CBD,
GC, and PC). Ms. Halperin urged the Commission to uphold SPRAB's denial of the
parking waiver and include, the condition of approval regarding the outdoor music after
10:00 p.m. as well as the amplification being turned to the north and consider adding the
condition regarding an agreement with solid waste regarding the rolling-in and rolling-
out of the dumpsters and removal only three times a week.
Mayor Perlman stated if anyone would like to speak in favor or 10
opposition of the conditional use request, to please come forward at this time.
Jim Smith. 1225 South Ocean Boulevard. Delrav Beach. stated he
would like to add to new conditional uses that they include a provision for a convenient
free shuttle service for hotel guests, employees, and valets. He stated the benefits of
shuttling from an off-site public parking lot will include less traffic, fewer cars driving
around the residential block, less parking in a residential neighborhood, and improved
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safety for all. Mr. Smith urged the Commission to require them to have the shuttle
service. Also, Mr. Smith stated Seagate Beach Club should be asked to build a tunnel
under A-I-A so that no one will have to cross A-I-A and cars could then park directly on
site without the need for going around the block. He stated the Parking Management
Advisory Board (PMAB) Board recommended that the applicant meet with the neighbors
and he has not met with them. They did hold one meeting about preservation and made a
quick presentation to the Beach Property Owner's Board (BPOA) Board several months
ago. Mr. Smith urged the Commission to respect the unanimous vote by its two boards to
deny the applicant's request for a reduction in the number of parking spaces.
Charles Bonfield. 220 MacFarlane Drive. Delrav Beach (three blocks
away from the Sea2:ate Beach Club). stated most of the residents feel the proposed
plans for the new Seagate Beach Club and residence complex will be valuable
contributions to the community; however, the developers are requesting conditional use
on several items that concern everyone. He expressed concern over the valet queue
traffic backing up along A-1-A creating a dangerous road hazard not only during special
events but also during normal lunch and dinner hours. Mr. Bonfield stated vehicles are
also parking all over swales and on street shoulders and feels adequate parking must be
provided for all these uses. He expressed concern over the noise from the music and
stated the Club activates fireworks late in the evening on occasions other than the 4th of
July. Mr. Bonfield stated he objects to amplified or non-amplified sound after 10:00 p.m.
when he is trying to sleep and urged the Commission to not support the conditional use or
the appeal ofSPRAB's decision regarding the Seagate Beach Club.
Deborah Bennett. 137 Seabreeze Avenue. Delrav Beach. lives east of
the Intracoastal and travels A-I-A extensively. She expressed concern over the left
turning traffic with customers and valet parking attendants going into and out of the
Seagate Beach Club. Mrs. Bennett concurs with comments expressed by Mr. Smith that
a tunnel would be a great idea. She stated the private members are allowed to have
parties (i.e. wedding receptions, etc.) and invite guests who are not members but all
would be arriving and departing about the same time for the function. Mrs. Bennett
stated more and more people live here year-round but the club and the condos will also be
at their busiest at the same season. Mrs. Bennett suggested that the developer forego
some of the profit with a condo or two less and have room for the parking that needs to
be available. She urged ev~ryone to remember that this is a residential neighborhood and
expressed concern over the traffic, the parking situation, and the music being played after
10:00 p.m.
Carolvn Patton. 1020 Tamarind Road. Delrav Beach (lives a few
blocks from the Sea2:ate Beach Club). expressed concern over the parking situation and
displayed a photograph of a typical weekend day during season on Bucida Road (i.e. cars
parked on the swales). She also expressed concern over the length of the valet queue and
stated she has witnessed the EMT's, ambulances, and fire trucks having difficulty getting
by when the traffic is backed up. Mrs. Patton briefly discussed the historic bar area of the
Seagate Beach Club. Mrs. Patton stated she tried to meet with the owners but they would
not meet with her or any neighbors. Therefore, Mrs. Patton urged the Commission to
have Warren Adams, Historic Planner, meet with the owners and report back on this
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Issue.
Vickie Lovell. Secretary for Seaway Villas Condominiums of Delrav.
stated their property is on the southwest corner of Casuarina and Seagate. She stated they
are in support of the previous actions of the Boards that have heard this issue and are not
in support of the reduction of parking. She stated the pathway behind the Seagate Beach
Club is heavily traversed by pedestrians because many people do not want to walk with
their children on A-I-A due to the cars coming in and out of the Seagate Beach Club
including the valet parking because it is treacherous for pedestrians particularly on the
weekends. Ms. Lovell urged the Commission to help solve parking problem by requiring
as much space as possible on the premises of the new Seagate Beach Club.
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Kevin Warner. 248 Venetian Drive. Delrav Beach. stated the one topic
that has had universal agreement has been the lack of parking particularly on the barrier
island. He concurs with the Planning and Zoning Board when they unanimously declined
a request for a reduction in 12 parking spaces and concurs with SPRAB when they
unanimously declined the request for a reduction in 12 parking spaces. He urged the
Commission to support the City Boards in this regard and as noted by City staff shared
parking in this part of town is not allowed. Mr. Wamer urged the Commission to not
support the applicant's request for reducing the parking.
Shirlev Johnson. 701 N.W. 4th Street. Delrav Beach. urged the
Commission to not grant the waivers and uphold the Boards decisions. She expressed
concern over the granting of the noise after 10:00 p.m. and spoke briefly about when the
Spady Museum came forward with their request. Ms. Johnson urged the Commission to
support the Planning and Zoning Board and the SPRAB.
Katv Ross. lives on Casuarina Road and noted her parents live at 348
South Ocean Boulevard. Delrav Beach (property directly to the north on the west
side of A-1-A). stated she does not believe the residents are against the new Club but are
against the combination of the two. She expressed concern over the parking and stated
the developer is taking out the main parking area and she distributed photographs to the
Commission showing 248 cars parked on the property in April 2006.
Andv Katz. 200 South Ocean Boulevard. Delrav Beach (speakinl!: on
bebalf of the Beach Property Owners' Association). stated generally the BPOA
supports the condos and the club from a standpoint of style and design. The BPOA had
spoken in front of the Planning and Zoning Board and the SPRAB about the waiver to
reduce the number of required parking spaces. He distributed a page from the BPOA's
newsletter which notes that the BPOA took a strong stance against the reduction of any
parking requirements and both the Planning and Zoning Board and the SPRAB voted
unanimously (with a vote of 6 to 0) against granting this reduction in parking. Mr. Katz
urged the Commission to help reduce this parking problem in a residential neighborhood,
support the residents, support the City Boards and the fair implementation of the LDR's.
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Janet Lan2:1ev. 1026 Bucida Road. Delrav Beach. stated she and her
husband spoke with Mr. Carney and suggested that there be a meeting with the
neighborhood association representing them. She stated they are very excited about the
prospect of a beautified Seagate Clubhouse in the neighborhood and are very pleased
with the improvement in architecture but they do have concerns about the parking and
would have liked to have discussed them and found some common ground which they
felt was a possibility at the time. Mrs. Langley stated their offers were rejected about
getting together to discuss this. Mrs. Langley stated she and her husband were members
of the Seagate Beach Club up to the time of the closing of the hotel and they continue to
book their business and personal guests into the hotel at different times during the year
for periods ranging from a few days to 1-2 weeks using the Club facilities of the beach
pool and dining areas with their guests. Mrs. Langley stated the indoor dining is not
nearly as popular as the outside dining, the beach area, and the pool area. She stated
when parking tickets are given for vehicles parked on the swale on Bucida Road the
parking tickets are turned in to the Seagate Beach Club and are often paid without the
owners of the cars even knowing. Mrs. Langley expressed concern over the parking, the
valet traffic flow and specifically the reduction in number of parking ,spaces. Mrs.
Langley stated she sent each Commissioner a letter dated July 5, 2006 explaining the
traffic flow and urged the architect to look at a better traffic flow that will be less
hazardous for the neighborhood.
Bob Lan2:lev. 1026 Bucida Road. Delrav Beach. expressed concern over
the traffic flow particularly those cars being dropped off at the Seagate Beach Club going
to the light taking a left down Casuarina Road into the parking lot within the condo area
exiting on Seagate Drive against the traffic and once again turning left on Bucida Road
and crossing traffic at A-I-A. He suggested that the valet could ask a person whether or
not they are going south or north then he could place an "S" or an "N" in the windshield.
This way when the valet picks the vehicle up ifhe has access to be able to go south on the
west side of the Beach Club or in front ofthe condo area then that driver does not have to
go back around the circle.
Marv Renaud. 1017 Bucida Road. Delrav Beach. stated she is looking
forward to the building of the Club and the building of the condos. She stated she
concurs with previous comments expressed about the traffic flow and noted that there is a
very dangerous island at B,ucida Road and Seagate. She stated if people are traveling
north on Seagate Drive and they want to make a left turn onto Bucida instead of going
around the island they come the wrong direction (heading head-on). Ms. Renaud asked if
there is a Plan B with the parking.
There being no one else from the public who wished to give testimony on
this item, the public hearing was closed.
There was no cross examination of the witnesses.
Mr. Dorling gave a brief rebuttal and stated there was a reference to
eliminating condition #5 which was expanding the valet queue. Staff stated this was an
attempt to have the Commission look at something they have already looked at with
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FDOT. Mr. Dorling stated condition #9 with respect to all spotlights illuminating the
grounds, buildings, or beach area is prohibited from March I through October 31 st. The
lighting ordinance does not allow lights which are visible from the beach during turtle
season after 9:00 p.m. Staff suggested that this be changed to "all spotlights which light
the grounds or building that are visible from the beach are prohibited during those times."
Mr. Dorling stated spotlights have been an issue not only for Seagate Beach Club in the
past but also for other buildings up and down the coast. Mr. Smith made reference to the
staff report that there was a problematic issue with the valet queue and staff identified
this as a concern and suggested that the applicant explore the possibility of expanding the
valet queue by five feet (condition #5). Staff has acknowledged that this is not going to
be allowed at this point.
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Tom Carney stated he understands the concerns expressed and stated the
entire facility is valet parking. He stated there will be a sidewalk around the facility so
that the problem of walking around cars will be eliminated and cars will not be able to
park cars on the swale because of the way the curb is now configured. Mr. Carney stated
the parking study was done during President's week and the test day was on President's
Day. The average amount of cars was 50 during the week; however, on this particular
day the busiest time was 80. Mr. Carney stated this is a very viable project and feels he
has addressed the needs of getting the cars off the road and urged the Commission to
support the waivers.
Ellie Halperin stated in her opinion the residents have provided competent
substantial evidence contrary to what has been presented by the applicant that parking is a
problem and that shared parking is not sufficient. The primary uses of this property are
both a swim club and a restaurant of a public nature as it is tied to the hotel. She stated
they require more parking spaces than staff has already asked for. Ms. Halperin stated
the SPRAB and Planning and Zoning Board made decisions based on the evidence in
front of them to enforce the LDR's. She stated shared parking is not allowed in a
residential zone and there has been nothing that has been presented that allows an
exception to that. Ms. Halperin reiterated that the Commission include the condition of
approval of no outdoor music after 10:00 p.m. and all amplification be turned away from
the residents especially to the south and also impose a condition regarding the dumpsters.
Mr. Levinsol}. stated he had a concern regarding the noise ordinance and
noted this was answered by Mr. Barcinski.
Mr. Fetzer asked staff to elaborate on what staff feels it is reasonable to
reduce the parking spaces. In response, Mr. Dorling stated this was based upon three of
the arguments the applicant placed into the record. He stated if shared parking was
allowed it is a shared situation but it is not allowed to do this through the LDR's.
Mayor Perlman inquired about the number of parking spaces. Mr. Dorling
stated the plan staff shows is a deficiency of 12 spaces and the applicant went back and
tweaked the plan and found some additional spaces. Staff is not aware of where these
additional spaces are.
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Gary Stofft, Randall and Stofft Architects, stated the total number of
parking spaces provided on the site was 157. He stated the constructional engineer
moved the columns around and picked up three spaces in the garage that they did not
originally have before. They now have 160 spaces as opposed to 157 that were originally
proposed (for both the residences and the beach club). Mr. Stofft stated they are short
approximately 9.7 parking spaces at this time. The existing site has 92 spaces.
Mayor Perlman inquired about the roll in!roll out dumpster service. The
owner stated he does not have a problem with this request. Mayor Perlman made
reference to Mr. Langley's comments about the traffic flow north and south and asked if
this has been looked at from the valet perspective. Mr. Stofft stated even if the cars are
turned around and come from the other direction in the queue if you are going south as
you back out you still have to make a left from the Beach Club to go south so it would
not matter which direction you would be coming from. He stated that Mr. Langley may
have been thinking about going across the street because there is an identical queue on
the other side at the residences but then the people would have to cross A-1-A to get in
their cars to head south without making a left. He stated once it is operating the valets
will do what they can to make it the easiest and the best that they can.
Mr. Fetzer inquired about the size ofthe cabana.
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).
It was the consensus of the Commission to modify condition #9
eliminating that all windows be tinted to minimize lighting glow on the beach and the
prohibitions during March 1st through October 31 st. The City Attorney stated condition
#9 should read as follows: That all lighting comply with the Code of Ordinances Section
91.51 and the lighting standards available from the Department of Environmental
Resource Management and Florida Department of Environmental Protection.
It was the consensus of the Commission to approve granting the waivers
subject to conditions #1-10 omitting #5 and modifying #9; and an additional condition
that if there is amplified music that it be directed to the extent feasible away from
residential areas and toward's the beach.
It was the consensus of the Commission to not support an additional
condition of the dumpsters being rolled in and rolled out three times a week.
Mr. Levinson moved to approve the Board Order granting the waivers
subject to the conditions as outlined by the City Attorney, seconded by Mrs. Ellis. Upon
roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr.
Fetzer - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote.
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08/01/06
9.B. APPEAL OF THE SITE PLAN REVIEW AND APPEARANCE
BOARD DECISION/SEAGATE BEACH CLUB: Consider an appeal of the Site Plan
Review and Appearance Board's decision regarding the Seagate Beach Club, located on
the east side of Ocean Boulevard, south of Casuarina Road. (Quasi-Judicial Hearing)
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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 ofthe minutes).
Mrs. Ellis moved to approve the Site Plan subject to the conditions set
forth, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mrs.
Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mayor Perlman - Yes. Said motion
passed with a 4 to 0 vote.
At this point, the time being 7:45 p.m., the Commission moved to the
Public Hearings portion of the Agenda.
10.
10.A. ORDINANCE NO. 38-06 (FIRST READINGITRANSMITTAL
HEARING FOR COMPREHENSIVE PLAN AMENDMENT 2006-1): Consider on
first reading an ordinance adopting Comprehensive Plan Amendment 2006-1 and
associated Future Land Use Map (FLUM) amendments, and authorize transmittal to the
State Department of Community Affairs. Amendment 2006-1 includes:
PUBLIC HEARINGS:
1. Text Amendments:
a. Future Land Use Element - Modification of Mixed Use
Categories to add a description for the new "Congress
Avenue Mixed Use" designation, including provisions for
maximum densities and intensities, workforce housing and a
transit-oriented development overlay near the tri-rail station;
and to delete to description for the "Redevelopment Areas"
designation.
b. Future Land Use Element - Amendment of Table L-7, Land
Use Designation!Zoning Matrix, to accommodate the new
Congress Avenue Mixed Use Designation.
c. Future Land Use Element - Modification of Policy A-7.2 to
include the provision of workforce housing in the Congress
Avenue Mixed Use designation and to support a privately
initiated text amendment to allow residential development
within workforce housing overlay districts in the CMR
(Commerce) FLUM designation.
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08/01/06
d. Future Land Use Element - Modification of Policy A-7.4 to
increase the time period for which workforce housing units,
constructed under the Family/Workforce Housing Program,
shall remain affordable from 30-40 years.
e. Future Land Use Element - Modification of Policy A-2.4 to
reflect elimination of the potential for automobile dealerships
between NE 5th Street and George Bush Boulevard. This text
amendment is privately initiated in concert with the privately
initiated O.C. Taylor Dealership Future Land Use Map
Amendment.
f: Future Land Use Element - Modification of the description
of the Commerce FLUM designation to include provisions
for residential development within a designated overlay
district, subject to provision of workforce housing. This text
amendment is privately initiated in concert with the Depot
Road property Future Land Use Map Amendment.
2. Future Land Use Map Amendments:
~ City and Privately Initiated Future Land Use Map
amendment from GC (General Commercial) to CC
(Commercial Core) for the north Federal Highway Area
including 700 and 707 NE 6th Avenue (former O.c. Taylor
Dealership) with a combined total of 23.2 acres, located
between NE 4th Street and George Bush Boulevard and
extending from the FEC Railroad to approximately Y2 block
east ofNE 6th Avenue.
~ City Initiated Future Land Use Map amendment from TRN
(Transitional) in part, CMR (Commerce) in part, CF
(Community Facilities) in part and GC (General
Commercial) in part to CMU (Congress Avenue Mixed
Use) for 225.5 acres, generally located south of West
Atlantic Avenue to the L-38 Canal, between Congress
Avenue and the CSX Railway and including the Congress
Park, Congress Park South and Office Depot developments
located on the west side of Congress Avenue.
~ City Initiated Future Land Use Map amendment from
County MR-5 (Medium Density Residential 5 units per
acre) to City MD (Medium Density Residential 5-12
du/ac), for an area comprising 3.18 acres, located on the
west side of Barwick Road, north of the L-31 Canal,
adjacent to the Bexley Park Subdivision.
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08/01/06
~ Privately Initiated Future Land Use Map amendment from "'1
IND (Industrial) to CMR (Commerce) for the Depot Road I
property comprising 8.8 acres, located north of West
Atlantic Avenue between Depot Road and the CSX
Railroad.
The caption of Ordinance No. 38-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
ADOPTING COMPREHENSIVE PLAN AMENDMENT
2006-1, PURSUANT TO THE PROVISIONS OF THE
"LOCAL GOVERNMENT COMPREHENSIVE
PLANNING AND LAND DEVELOPMENT
REGULATION ACT", FLORIDA STATUTES SECTION
163.3161 THROUGH 163.3243, INCLUSIVE; ALL AS
MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"
ENTITLED "COMPREHENSIVE PLAN AMENDMENT
2006-1" AND INCORPORATED HEREIN BY
REFERENCE; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 38-06 is on file in the City Clerk's
.
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office. )
Mr. Hoggard entered the following Planning and Zoning project files into
the record:
~ 2006-172
~ 2006-202
~ 2006-203
~ 2006-309
~, 2005-310
~ 2006-347
~ 2006-348
~ 2006-349
~ 2006-350
~ 2006-357
~ 2006-358
Ron Hoggard, Senior Planner, stated this amendment was initiated by the
City Commission on July 11, 2006 and there have been two changes since it was
initiated. The Future Land Use Map (FLUM) amendments associated with the
annexation of Devco Plaza, The Enclave and Breezy Acres have been deleted and the
FLUM amendment associated with the annexation of properties adjacent to Bexley Park
has been modified to include only one of the five original parcels.
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08/01/06
The remaining amendment has three (3) City initiated Future Land Use
Map Amendments, two (2) privately initiated Future Land Use Map Amendments, and
six (6) text changes, including provisions for the new "Congress Avenue Mixed Use"
designation. Mr. Hoggard briefly reviewed the text amendments, and the Future Land
Use Map Amendments.
Mr. Hoggard stated the Planning and Zoning Board reviewed these on July
17, 2006 and was continued to July 24, 2006 and recommended approval of all of the
Future Land Use Map amendments and made positive findings with respect to Future
Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment
Findings), LDR Section 3.1.1 (Required Findings), and the Goals, Objectives, and
Policies of the Comprehensive Plan. He stated the Planning and Zoning Board made one
change and the owner of the Acura Dealership and the Hyundai Dealership would like to
be excluded from this and remain GC with an AC zoning designation mainly because
they do not want to become non-conforming which they would in a CBD (Central
Business District). Staff recommends including it in the total district and expanding the
CBD northward to George Bush Boulevard.
Paul Dorling, Director of Planning and Zoning, stated he is not opposed to
workforce housing; however, he is opposed to the plan in this location. He stated this is a
policy change to the Comprehensive Plan to the Commerce Land Use Designation to
introduce residential uses in an area which accommodates industrial uses. The
Comprehensive Plan indicates that industrial lands and residential lands are not
appropriate together and with respect to compatibility are at opposite ends of the
spectrum. Therefore, staff has significant compatibility concerns allowing residential
uses into a commerce district. Mr. Dorling stated with what is being proposed residential
uses in the industrial areas has a significant affect on the City and staff recommends that
this policy change not be forwarded to DCA.
Mr. Hoggard stated the applicant made his presentation and the Planning
and Zoning Board recommended approving the modification.
At this point, Mayor Perlman declared the public hearing open.
Christie Brezal. representinl!: the Delrav Oaks Condominium
Association. stated she was not available to attend the meeting in July and has been a
resident of Delray Oaks for 26 years and has been before this Commission as well as the
City Commission in Boca Raton and the Palm Beach County Commission. She stated
Delray Oaks does not have any problem with the mixed use; however, she expressed
concern over the need for a traffic light at the intersection S.W. 29th and Congress
Avenue if the City is going to continue to add more workforce housing because the
increased traffic makes it nearly impossible to get out of this area in the morning if one
wants to go either north or south on Congress Avenue.
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08/01/06
Alice Finst. 707 Place Tavant. Delrav Beach. expressed concern over
the 50 units per acre and stated this will cause horrendous traffic problems. She also
expressed concern over the property located on Depot Avenue. Mrs. Finst made
reference to Hardrives and suggested that they be given the opportunity to live in their
workplace then she feels this could work out very well.
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Michael Listick. Attornev with Listick & Krall. P.A.. 616 East
Atlantic Avenue. Delrav Beach. stated six acres is affordable workforce housing and the
rest is MIC. He stated this is an opportunity to have dozens of workforce housing units in
the northern portion of the property; townhome type offices in the middle portion, and
some light industrial artists/professionals. He stated what they are arguing tonight with
staff is whether or not six acres of industrial type MIC should be changed to allow
residential which would include the workforce housing component. Mr. Listick stated
this is mostly consistent with the Congress Avenue Corridor and noted noise is not an
Issue.
Jason Mankoff. Attornev with Weiner and Aronson. P.A.. 102 North
Swinton Avenue. Delrav Beach. representinl!: Pauline and James L.L.C.. owners of
655 N.E. 6th Avenue (Acura Dealership zoned AC at 501 N.E. 6th Avenue). opposes
the rezoning for these AC properties to CBD and therefore oppose the land use
amendment for the AC zoned properties to CC. Mr. Mankoff urged the Commission to
follow the recommendation of the Planning and Zoning Board and remove his client's
properties from this transmittal to the Department of Community Affairs (DCA).
Jeff Costello. New Urban Communities. 39& N.E. 6th Avenue. Delrav
Beach. stated they are part of the privately initiated FLUM amendment and rezoning to
CBD for OC Taylor/Maroone Dealership. The FLUM amendment and rezoning is
supported by the staff report as well as the North Federal Highway Redevelopment Plan.
He stated they do not object to Acura's request to be left out of this rezoning. Mr.
Costello urged the Commission to support this land use plan amendment and rezoning.
Bob Currie. Currie. Sowards. Al!:uila Architects. 134 N.E. 1st Avenue.
Delrav Beach. gave a brief overview of the site plan and elevations. With regard to
noise, he stated they use impact glass and can make it soundproof just as they did at Old
School Square. Mr. Currie stated this is the "gateway" to our town.
Kalen Perrot. workinl!: with the land owner. stated the compatibility is
fine and he likes the mixed use aspect of the site (i.e. access residentially, close proximity
to downtown Delray and with the success of the residential on the railroad tracks). He
strongly feels that people will work and live here and stated this is a great site for this
project.
Randv Welker. 290 N.E. 5th Avenue #5. Delrav Beach. disagrees with
staff regarding this site and stated industrial land now is not nine acres because it just
does not work and is not compatible with what their needs are. He stated up to 500 acres
is a good site to work with because you are going to have 40-100 acres for a site for an
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08/01/06
industrial use. In his opinion, Mr. Welker stated this is not a suitable industrial site.
Jack McCabe. CEO of McCabe Research and Consultinl!:. stated
affordable housing in South Florida is one of the most important and critical issues that
we currently face and will be facing in the next decade. He stated the only way that we
can do affordable housing and make it possible and potentially profitable for a developer
is to grant them additional density.
There being no one else from the public who wished to give testimony on
this item, the public hearing was closed.
Ron Hoggard stated staff understands the problem the owners had with
developing this property. It has been designated I (Industrial) and that is why staff is
supporting the change to a commerce designation and a rezoning MIC which would
allow the industrial uses but also allow the introduction of commercial and business
offices to give them more flexibility for development. Staff is against putting residential
into an industrial area. This would open the door to allow residential uses with an
overlay district in any commerce designation in the City. Staff is not against affordable
housing and the City keeps expanding its affordable housing areas where it is allowed
including the new district that is being created in the Congress Avenue Corridor.
Mr. Hoggard explained the amendment goes forward as it was for North
Federal Highway with the exclusion of the Acura property and the Hyundai property.
Mrs. Ellis moved to approve Ordinance No. 38-06 removing the Acura
and Hyundai property, seconded by Mr. Fetzer. Upon roll call the Commission voted as
follows: Mr. Fetzer - Yes; Mr. Levinson - No; Mayor Perlman - Yes; Mrs. Ellis - Yes.
Said motion passed with a 3 to 1 vote, Commissioner Levinson dissenting.
10.B. EAR TRANSMITTAL: Consider approval of the transmittal of the
Evaluation and Appraisal Report (EAR).
Ron Hoggard, Senior Planner, stated this is for review and transmittal for
the draft of the proposed Evaluation and Appraisal Report (EAR) to the Department of
Community Affairs (DCA) for initial review. He stated the initial review is a 30 day
review and it will come back from DCA and staff is looking to adopt the EAR in
September and then there will be a 90 day sufficiency review. The EAR based
amendments occur within 18 months of adoption of the EAR. Mr. Hoggard explained
that the EAR is divided into five chapters (i.e. introduction!organization, public
participation, identifies the major issues, and identifies the changes in the growth
management law that are included in the Appendix and what amendments will be
required to address those changes in the law).
At its meeting of July 24, 2006, the Planning and Zoning Board
recommended that staff transmit the draft to the Department of Community Affairs
(DCA) for initial review with a 5 to 0 vote.
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08/01/06
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding the EAR Transmittal
the public hearing was closed.
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Mr. Fetzer moved to approve the transmittal of the Evaluation and
Appraisal Report (EAR), seconded by Mrs. Ellis. Upon roll call the Commission voted
as follows: Mr. Fetzer - Yes; Mr. Levinson - Yes; Mayor Perlman - Yes; Mrs. Ellis -
Yes. Said motion passed with a 4 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.
11.A.
City Mana2:er's response to prior public comments and inauiries.
The City Manager had no response to prior public comments and
mqumes.
11.B. From the Public.
11.B.1. Carol Gevirts. 1601 Oran2:e Terrace #101. Delrav Beach (Pines of
Delrav). stated a few months ago she suggested that the Commission meetings be
televised and noted that Commissioner Fetzer and Commissioner Montague talked about
it when they were campaigning.
Mayor Perlman stated the Commission will look at the issue in the context
of the City's budget.
11.B.2. Jim Smith. 1225 South Ocean Boulevard. Delrav Beach. read a
statement into the record and stated residents are now demanding that the City require
developers to mitigate future traffic and parking demands coming from their
developments.
At this point, the time being 8:48 p.m., the Commission moved to Item
9.C. of the Regular Agenda.
9.C. REOUEST FOR VALET OUEUE/SAKI ROOM: Consider a request
from the Saki Room to establish a valet parking queue to be located on the 400 Block of
West Atlantic Avenue.
Mayor Perlman stepped away from the dais and passed the gavel to Vice
Mayor Ellis.
Scott Aronson, Parking Management Specialist, stated the Saki Room is
located at 401 West Atlantic Avenue and they are requesting to have three westernmost
spaces in front of the restaurant. The Saki Room is in the process of securing an
agreement to lease the parking lot at Shuler Memorial Chapel. One cause for concern
with this type of agreement is if the Chapel is conducting evening memorial services the
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08/01/06
parking lot will not be available to the valet.
At its meeting of June 14, 2006, the West Atlantic Redevelopment
Coalition recommended approval and at its meeting of July 25, 2006, the Parking
Management Advisory Board recommended approval.
Brief discussion between staff and the Commission followed.
Prior to the vote, Mr. Levinson confirmed with Mr. Aronson that the valet
parking queue is going to be those three spaces on the eastern most portion of the parking
lot.
Mr. Levinson moved to approve the Saki Room to establish a valet
parking queue to be located on the 400 Block of West Atlantic Avenue, seconded by Mr.
Fetzer. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Vice
Mayor Ellis - Yes; Mr. Fetzer - Yes. Said motion passed with a 3 to 0 vote.
9.D. LEASE AGREEMENT/GTP ACOUISITION PARTNERS II. LLC:
Consider approval of a Lease Agreement between the City and GTP Acquisition Partners
II, LLC, which provides that the City shall lease an 80' x 80' square parcel to GTP
allowing them to place a communications tower on the parcel, located near the City's
maintenance shed at the municipal golf course.
The City Attorney stated this is a lease agreement between the City of
Delray Beach and GTP Acquisition Partners II, LLC, and provides for a lease of a
telecommunications tower on the municipal golf course and is located near the
maintenance shed. The term of the agreement is for 10 years with 2 automatic renewal
periods. GTP will pay the City a monthly rent of $1,000.00, plus 25% of the gross
monthly rent that it receives after the first subtenant and other terms are set forth in the
agreement.
Mr. Levinson suggested that the City of Delray Beach have RFP's and
make sure we are getting the highest and best. He stated he does not see anywhere in the
agreement where the City of Delray Beach has reserved the right to place our own radio
equipment on this tower.
The City Attorney suggested that this be a condition.
Keil Sirles. 1311 S.W. 5th Court. representinl!: GTP. stated the very top
of the tower will be reserved for the City of Delray Beach antennas. The City Attorney
stated she will make the change to the agreement for the very top of the tower to be
reserved for the City of Delray Beach.
Mr. Fetzer moved to approve the lease agreement between the City of
Delray Beach and GTP Acquisition Partners II, LLC, as amended, seconded by Mrs.
Ellis. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs. Ellis
- Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote.
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08/01/06
9.E. RESOLUTION NO. 52-06: Consider approval of Resolution No. 52-06
authorizing the execution of an interlocal agreement with the City of Boca Raton
regarding the coordinated opposition to Palm Beach County's funding of county-wide
Fire-Rescue and dispatch services.
The caption of Resolution No. 52-06 is as follows:
A RESOLUTION OF THE CITY OF DELRA Y BEACH
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AN INTERLOCAL AGREEMENT WITH
THE CITY OF BOCA RATON FOR COORDINATED
OPPOSITION TO PALM BEACH COUNTY'S
FUNDING OF COUNTY-WIDE FIRE RESCUE
DISPATCH SERVICES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEALER;
PROVIDING AN EFFECTIVE DATE.
(The caption of Resolution No. 52-06 is on file in the City Clerk's office.)
The City Attorney stated this is a slight modification to the representation
agreement in this case. The City of Delray Beach and the City of Boca Raton are jointly
sharing expenses and would like to continue to do so except that the City of Delray Beach
and the City of Boca Raton will also be paying the costs expected to be incidental for the
intervening cities.
Mrs. Ellis moved to approve Resolution No. 52-06, seconded by Mr.
Fetzer. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mr. Fetzer -
Yes; Mr. Levinson - Yes; Mayor Perlman - Yes. Said motion passed with a 4 to 0 vote.
9.F. PROPOSED MILLAGE RATE: Consider approval of a proposed
millage rate for FY 2007, and set the budget review and adoption schedule.
The City Manager stated when he spoke with the Commission earlier
today he mentioned the tenth of a mill as being $600,000.00 but it is actually
$800,000.00. He stated in the budget as presented he recommends approximately
$400,000.00 for an increase'for general employees/civil service employees and $300,000
for fire-rescue (and maybe something more for fire) which left approximately
$400,000.00 to work with. Other things that need to be put in the budget are the
Communications Manager; some improvements in the management benefits for
particularly Police & Fire but probably management employees generally and staff also
made some market adjustments in salaries for Engineers and Planners that will cost
approximately $50,000.00 a year which altogether is approximately a $200,000.00
package. The City Manager recommended that the Commission set the millage rate at
7.1 or 7.2 so that they have some leeway to look at other things they may want to do that
is not funded at this point.
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08/01/06
Mrs. Ellis stated she supports reducing taxes; however, she agrees that
there should be a little more cushion than what is being proposed.
Mr. Levinson stated he is very disappointed that certain goals and
objectives the community has asked for are not included. Therefore, Mr. Levinson stated
he is uncomfortable with the proposed millage rate and suggested setting the proposed
millage rate at either 7.3 or 7.4.
Mr. Fetzer stated as the Commission goes through the details of the
Budget Workshops, hopefully at that time the Commission can find whether they are
there or not and see if they can trim the millage. He stated hopefully they can get the
millage down to 7.0 mills; however, he does not feel they are ready to go there yet.
Mr. Fetzer moved to approve the proposed millage rate at 7.4 mils,
seconded by Mr. Levinson.
Prior to vote, Mayor Perlman stated he concurs with comments expressed
by Mr. Fetzer and Mr. Levinson. He expressed concern over the management package
for the Police and Fire-Rescue Department. Mayor Perlman stated he is concerned about
the attrition issue in the Fire-Rescue Department and it takes a while to rebuild because
of the recruitment issues and the training that is involved in public safety positions.
Mayor Perlman stated he is hoping that at some point staff can develop an early warning
system so that if a number of employees are leaving the Commission is made aware of
this as policy makers so that we do not end up with a situation where we are 12-16
employees down. Mayor Perlman stated the Property Appraiser's office has informed the
Commission that this is probably the last year where they are going to see the kind of
appreciation that the City has seen over the last 5-6 years. Mayor Perlman stated he
would like to make it a priority about the staffing issue with the Fire-Rescue Department.
He would be comfortable with the millage being set at 7.2.
Mr. Fetzer agreed to amend his motion to approve the proposed millage
rate at 7.3.
Mr. Levinson moved to approve the proposed millage rate at 7.3, seconded
by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; Mr.
Levinson - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a 4 to
o vote.
9.G. PUBLIC COMMENTSIFY 2007 PROPOSED BUDGET: The City
Commission will hear public comments, if any, regarding the FY 2007 Proposed Budget
at this time.
Jim Smith. 1225 South Ocean Boulevard. Delrav Beach. urged the
Commission to consider adding television coverage of the City Commission meetings
including the Workshops and improve the sound system in the Commission Chambers.
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08/01/06
Alice Fins!. 707 Place Tavant. Delrav Beach. (speakinl!: on behalf of
PROD). stated she was before the Commission in May to talk to the Commission about
televising and broadcasting the Commission meetings. She stated she talked to the City
of Boca Raton about their system and they pay nothing to Adelphia for the broadcasting
service and the County pays nothing for broadcasting on the Adelphia system. She also
spoke to the Cable Television Coordinator for the County and they too do not pay
anything for the broadcasting. She stated the sound system in the Commission Chambers
needs to be looked at and stated she located a site called www.rushworksmedia.com. She
stated the system comes in two large suitcases and urged the Commission to look into
this system. Mrs. Finst stated the cost for the system is $22,990.00 for one year; an
additional cost for training of $600 plus their transportation. In addition, Mrs. Finst
stated besides the system they give you 500 feet of cable but you have to pay someone to
run the cables through the walls and they do install the cameras. She urged the
Commission to look into what can be done about the broadcasting.
1
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Kevin Warner. 248 Venetian Drive. Delrav Beach. thanked the
Commission for lowering the millage rate. He suggested that the Commission pay
special attention to any expenditures or programs regarding what they will do for
committing the City to spending ~oney in the future on those programs (i.e. continuing
on the same flat line for constant dollars or increases in subsequent years).
Shirlev Johnson. 701 N.W. 4th Street. Delrav Beach. thanked and
commended the Commission for lowering the millage rate. She expressed concern over
the low/fixed income for senior citizens that are involved with a great deal ofthe property
in the northwest and southwest/southeast sections.
9.H. APPOINTMENTS TO THE EDUCATION BOARD: Appoint two (2)
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 Levinson (Seat #3),
Commissioner Ellis (Seat #1), and Commissioner Fetzer (Seat #2).
Mr. Levinson moved to appoint Gerald Crocilla as a regular member to
the Education Board for a two (2) year term ending July 31, 2008, seconded by Mr.
Fetzer. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Mayor
Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes. Said motion passed with a 4 to 0
vote.
Mrs. Ellis moved to appoint Ned Rosen as a regular member to the
Education Board for a two (2) year term ending July 31, 2008, seconded by Mr. Fetzer.
Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs. Ellis -
Yes; Mr. Fetzer- Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote.
Mr. Fetzer moved to appoint Jordan Coyne as a student member to the
Education Board for a one (1) year term ending July 31, 2007, seconded by Mrs. Ellis.
Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs. Ellis - Yes
- Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote.
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08/01/06
9.1. PALM BEACH COUNTY CAUCUS OF BLACK ELECTED
OFFICIALSIBLACK TIE GALA: Provide direction regarding supporting the Palm
Beach County Caucus of Black Elected Officials Black Tie Gala to be held on August 25,
2006. (ADDENDUM)
Mrs. Ellis stated she has already committed to attend the Firemen's
Recognition Dinner and suggested that the Commission support this event without
buying a table.
Mr. Levinson stated he will be out of town.
Mr. Fetzer stated he will be unable to attend.
Mayor Perlman suggested that the Commission purchase a half page ad
and purchase two seats.
Mrs. Ellis moved to purchase a half page ad and two (2) seats, seconded
by Mr. Fetzer. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mr.
Fetzer - Yes; Mr. Levinson - Yes; Mayor Perlman - Yes. Said motion passed with a 4 to
o vote.
9.J. FLORIDA CITIES OF EXCELLENCE AWARDS PROGRAM:
Provide direction regarding nominations for the Florida Cities of Excellence Awards
Program. (ADDENDUM)
It was the consensus of the Commission to bring this item back at the
August 15,2006 City Commission meeting.
At this point, the time being 9:40 p.m., the Commission moved to Item
12, First Readings.
12. FIRST READINGS:
12.A. ORDINANCE NO. 42-06: Amendment to Land Development
Regulations (LDR) Section 4.6.9(E)(3), "Location of Parking Spaces", relating to
increases in the in-lieu parking fees. If passed, a public hearing will be scheduled for
August 15,2006.
The caption of Ordinance No. 42-06 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 4.6.9(E), "LOCATION OF
PARKING SPACES", SUBSECTION 4.6.9(E)(3), "IN-
LIEU FEE", TO PROVIDE FOR A CHANGE IN THE
IN-LIEU FEE AMOUNTS CHARGED; PROVIDING
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08/01/06
A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
1
(The official copy of Ordinance No. 42-06 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance.
Scott Aronson, Parking Management Specialist, stated the last time the in-
lieu fees were modified was in February 1999. The modifications were made to reflect
the actual cost of constructing parking spaces and included appropriate land values. The
1999 review provided costs for both surface and structured parking (garages). The
proposed prices were based on both land value and estimated cost of construction. It is
noted that the construction cost per space is $31,705.00.
The recommendation has been supported by the Planning and Zoning
Board, Community Redevelopment Agency (CRA), West Atlantic Redevelopment
Coalition (W ARC) and Pineapple Grove Main Street Board (PGMSB). Concerned with
potential negative impact, the Downtown Development Authority (DDA) felt that no
increase was warranted at this time and recommended further review next year.
At its meeting of July 25,2006, the Parking Management Advisory Board
recommended a 30% increase for Areas 1, 2 and 3 resulting in the following fees; Area 1
from $14,000.00 to $18,200.00; Area 2 from $12,000.00 to $15,600.00; Area 3 from
$6,000.00 to $7,800.00 with no increase to the current $4,000.00 fee in Area 4.
Additionally, the Board recommended annual review ofthe fees.
Brief discussion between the Commission and staff continued.
Mr. Levinson moved to approve Ordinance No. 42-06 on FIRST Reading,
seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs. Ellis -
Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mayor Perlman - Yes. Said motion passed
with a 4 to 0 vote.
At this point, the Commission moved to Item 13, Comments and
Inquiries on Non-Agenda Items.
13.
COMMENTS AND INOUIRIES ON NON-AGENDA ITEMS.
13.A.
City Manaeer
The City Manager stated he was in West Virginia last week and there is no
cell phone service because you are in deep narrow valleys and there is no direct line to a
cell tower. He stated where he stayed in West Virginia is the 6th poorest County in the
United States and they have three Police officers that are paid $850.00 a month. He
stated they do not have the money to pay for training so they change the Police officers
every year.
- 24-
08/01/06
The City Manager stated we have it so good here that people do not really
appreciate it and realize how badly some other people have it. He noted it was an eye
. .
openIng expenence.
Secondly, he stated staff was successful today in getting $1.8 million in
the HUD Disaster funding including $600,000.00 for the Delray Beach Housing
Authority.
13.B. City Attornev
The City Attorney had no comments or inquiries on non-agenda items.
13.C.
City Commission
13.C.l.
Mr. Fetzer
Mr. Fetzer had no comments or inquiries on non-agenda items.
13.C.2.
Mrs. Ellis
Mrs. Ellis stated she attended several of the Roots functions (i.e. crowning
of the King and Queen, the Gospel Concert at Old School Square Crest Theatre, and the
Covenant). She stated it was an enlightening and rewarding experience.
Secondly, she informed Alberta McCarthy that normally the Commission
does try to participate in the parade; however, they will all be in Jacksonville on August
1ih. Mrs. Ellis stated Alberta McCarthy saw Mrs. Wesley in Orlando with a walker and
she is apparently doing okay.
13.C.3.
Mr. Levinson
Mr. Levinson stat~d he is pleased to announce that the Community Land
Trust (CLT) signed its first house purchase and sale agreement with City of Delray Beach
employee Venice Cobb (mother of three). Also, Mr. Levinson commented about another
prospect that has been pre-approved by the CLT and because of the subsidies and the way
the CLT is structured, she has been offered a $238,000.00 home for $83,000.00.
Secondly, he commented about an email from FDOT after their meeting
with the Commission last week as it relates to the South Federal Highway area.
He stated he was very distressed to see the Alpha Day Report for July 29th
and commented about an article in the newspaper this morning that dealt with Alphonso
Cornelius who is the uncle of Sherrod and Jarrod Miller. Mr. Levinson stated apparently
he provided a vehicle to his nephew (who had a learner's permit) but he was not driving
with an adult and did not meet the requirements. Mr. Levinson suggested that staff target
messages into certain areas of the community that this is not okay.
- 25-
08/01/06
Mr. Levinson stated he arrived in Miami for a Board Retreat this weekend
and as he was checking into the hotel someone handed him a USA Today which had
almost a full page article about Delray Beach. He stated the article was spectacular and
talks about how Delray Beach is not only a place at late night for younger people but has
become a place earlier in the night for older people.
1
Lastly, Mr. Levinson stated this weekend we are potentially in the cone for
some type of weather disturbance (i.e. tropical storm) and he wants to ensure that the City
is prepared.
13.C.4.
Mavor Perlman
Mayor Perlman stated he was in Gilroy, California when he saw the article
about Delray Beach in USA Today. He noted it was terrific coverage with the exception
of the article indicating that if you want to visit Delray Beach you have to stay in Boca
Raton. Mayor Perlman stated approximately 130,000 people attend the Garlic Festival in
Gilroy over a three day period. He stated Gilroy has a population of 38,000 people and
had 4,000 volunteers for the event. Mayor Perlman stated the revenue is $2 million per
year and Gilroy funds the community's non-profits over the three days. He stated the
logistics are unbelievable.
Secondly, Mayor Perlman commended Erika Slife with the Sun-Sentinel
News on the story she wrote about the McClenehan family and he extended kudos to the
Community Improvement Department. He stated the story was very well written and
epitomizes what Delray is about.
Lastly, Mayor Perlman stated he went to downtown Santa Cruz, California
and noted they are able to support two bookstores, retail, and many people on the street.
However, he stated the town has a homeless problem and panhandling on every corner.
Mayor Perlman concurs with comments expressed by the City Manager that it opens your
eyes and stated everyone should be very grateful for what we have.
There being no further business, Mayor Perlman declared the meeting
adjourned at 10:17 p.m.
~LhL~\L S0. ~
City Clerk
ATTEST:
~f~
- 26-
08/01/06
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the Minutes ofthe Regular City Commission Meeting held
on August 1, 2006, which Minutes were formally approved and adopted by the City
Commission on August 15, 2006
~~ ~.~~
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.
- 27-
08/01106
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
CONDITIONAL USE REQUEST FOR SEAGA TE BEACH CLUB
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRA Y BEACH, FLORIDA
1. This conditional use and waiver request has come before the City
Commission on August 1, 2006.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the conditional use and waiver request
for Seagate Beach Club. All of the evidence is a part of the record in this case.
Required findings are made in 'accordance with Subsections I, II and III.
I. COMPREHENSIVE PLAN
a. Comprehensive Plan - Future Land Use Element Obiective A-1: This
objective requires that the property shall be developed or redeveloped, in a manner so
that the future use and intensity is appropriate in terms of soil, topographic, and other
applicable physical considerations, is complementary to adjacent land uses, and fulfills
remaining land use needs.
Is this objective met?
Yes 4
No 0
b. Future Land Use Map: The resulting use of land or structures must be
allowed in the zoning district within which the land is situated and said zoning must be.
consistent with the applicable land use designation as shown on the Future Land Use
Map. The subject property has a Future Land Use Map designation of GC and is
zoned PC.
Future Land Use - Is project's proposed location consistent with the
Future Land Use Map?
Yes
4
No 0
r+e-m q.A.
c. Concurrency: Facilities which are provided by, or through, the City
shall be provided to new development concurrent with issuance of a Certificate of
Occupancy. These facilities shall be provided pursuant to levels of service established
within the Comprehensive Plan.
Concurrency as defined pursuant to Objective B-2 of the land Use Element of
the Comprehensive Plan must be met and a determination made that the public facility
needs of the requested land use and/or development application will not exceed the
ability of the City to fund and provide, or to require the provision of, needed capital
improvements for the following areas:
Are the concurrency requirements met as respect to water, sewer,
drainage, streets and traffic, parks, open space, solid waste and
schools?
'J
j
Yes 4
No 0
d. Consistency: Will the granting of the conditional use be consistent
with and further the goals and policies of the Comprehensive Plan?
Yes 4 No 0
e. Future land Use Element Policy C-3.4: The City's Coastal Area is one
of its most valuable resources in terms of economic attraction, recreation, and natural
beauty. While action is appropriate to capitalize upon the economic benefits of this
resource, commercialization and promotion shall not occur to such an extent that they
diminish this beach resource.
Is this policy met?
Yes
4
No 0
f. Coastal Manaaement Element Obiective 0-2: There shall not be any
development upon the barrier island which shall reduce hurricane evacuation time
beyond its present level or which shall lower the level of service at the intersections of
SR A-1-A and Atlantic Avenue; George Bush Boulevard and SR A-1-A; or at Linton
Boulevard and SR A-1-A.
Is this policy met?
Yes
4
No 0
2
II. LDR REQUIREMENTS:
LDR Section 2.4.5(S) Required Findinas: (Conditional Use\: Pursuant to
Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the conditional use will not:
i. Have a significantly detrimental effect upon the stability of the
neighborhood within which it will be located;
ii. Hinder development or redevelopment of nearby properties.
Will Section 2.4.5(E)(5) be met?
Yes 4 No 0
III. WAIVERS:
Pursuant to LOR Section 2.4.7(8)(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; or,
(d) Does not result in the grant of a special privilege in that the same waiver would
be granted under similar circumstances on other property for another applicant or
owner.
a. Pursuant to LOR Section 4.6.9(F)(3)(e), valet parking may be utilized to
conform with the number of handicap parking spaces provided that at least two
handicapped accessible spaces are provided adjacent to the vehicle queuing area for
those vehicles that cannot be operated by the parking professional. The development
proposal provides only one handicap accessible parking space adjacent to valet queue.
The applicant has requested a waiver to reduce the number of handicap parking spaces
Does the waiver request (reduce the number of handicap parking spaces from 2 to
1) meet all the requirements of 2.4.7(8)(5)?
Yes 4 No 0
b. Pursuant to LOR Section 4.6.9(F)(3)(g)(i), a 10-foot perimeter landscape
buffer consisting of a hedge and trees 30 feet on center must be provided between the
valet queue and the property line and none is proposed. The applicant has requested a
waiver to eliminate this requirement.
Does the waiver request (eliminate the 10-foot perimeter landscape buffer) meet all
the requirements of 2.4.7(8)(5)?
3
Yes 4
No 0
1
~
c. Pursuant to LOR Section 4.6.9(F}(3)(f), a 100 foot valet drop-off/queuing
area must be provided. The applicant has requested a waiver to reduce this
requirement from 100' to 75'.
Does the waiver request (reduce the valet drop-off/queuing area from 100' to 75')
meet all the requirements of 2.4.7(B)(5)?
Yes 4 No 0
3. The comments and notes set forth in the staff report are hereby
incorporated herein.
4. The City Commission has applied the Comprehensive PI~n and LOR
requirements in existence at the time the conditional use request was submitted.
5. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not. limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
6. Based on the entire record before it, the City Commission approves X
denies _ the conditional use request and waivers set forth above subject to the
Conditions set forth in Exhibit A and Technical Items set forth in Exhibit B, attached
hereto and made a part hereof, and hereby adopts this Order this 1 st day of August,
2006, by a vote of 4 in favor of denial and 0
ATTEST: '
~~ ~.\J~
Chevelle Nubin
City Clerk
4
EXHIBIT A
CONDITIONS
1. Approval of a site plan by SPRAB that is in general conformance to the
submitted sketch plan and addresses the "Technical Items" attached hereto as
Exhibit B.
2. That a letter be submitted from the Palm Beach County Traffic Engineering
Division with respect to a finding of concurrency.
3. That vehicles are prohibited from being parked in areas other than designated
spaces noted on the Seagate Beach Club or Seagate Residences site plan.
4. That outdoor music is prohibited after 10:00 p.m.
5. Any amplified sound must be directed away from residential areas.
6. That the beach chairs be stacked in groups at night perpendicular to the water
line.
7. That an agreement be submitted that delineates the parking relationship
between the beach club and residences.
8. That a parking professional (valet service) be available for vehicle retrieval
during business hours.
9. That all lighting comply with Code of Ordinance Section 91.51. The lighting
standards available from the Department of Environmental Resource
Management and Florida Department of Environmental Protection shall be
followed.
10. That the management not prohibit nor discourage access to the State owned
beach seaward of the erosion control line adjacent to this property.
lofl
EXHIBIT B
1
~
.
TECHNICAL ITEMS
1. That a composite utility plan is provided that includes the proposed landscaping.
2. That the redevelopment complies with the development standards of the State of
Florida with respect to the encroachment into the Coastal Construction Control
Line.
3. That all conflicts between landscaping and utilities and all physical improvements
to the property are resolved in accordance with direction by the City
Horticulturalist and City Engineer.
4. That the illumination levels are noted on the photometric plan.
5. That the sight visibility triangles (LOR Section 4.6.14) are graphically noted on all
plans.
6. FOOT permits are required for this project. Submit copy of FOOT pre application
letter to City Engineer.
7. Provide FEMA Flood Plain designation for the property, the base flood elevation,
and a statement as to how the provisions of the Flood Oamage Regulations
(Section 4.5.4) will be met.
8. Site is required to retain 5 year 1 hour storm (3.2") in addition to meeting water
quality criteria (1 "). Provide signed and sealed drainage calculations and
indicate how storm water will be retained on site. See LOR Section 2.4.3(0)(4)
and (7).
9. Show nearest existing drainage structures per LOR Section 2.4.3(0)(3).
11. Clearly dimension driveway width. Maximum width of driveway is 24 feet.
10. Show nearest existing fire hydrants and add any necessary hydrants per fire
department requirements.
12. Indicate location of irrigation water meters (east of 1-95 only).
13. A cleanout will be required on the proposed sewer service at the right-of-way line
and/or easement line.
14. Indicate typical configuration and location of proposed sewer services with
cleanouts.
10f2
15. Provide note on both the Engineering Plans and the Landscape Plans that there
shall be no trees or shrubs places within water, sewer or drainage easements.
Verify that no landscaping is planted within the easements.
16. Developer to ensure that no iandscaping is planted over any exfiltration trenches.
20f2
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH. FLORIDA
HH PROPERTIES - I. INC.,
Appellant( s).
vs.
CITY OF DELRA Y BEACH,
Appellee.
I
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRA Y BEACH, FLORIDA
1. This appeal of a site plan approval has come before the City
Commission on August 1. 2006.
2. The Appellants, Appellee and City staff presented documentary evidence
and testimony to the City Commission pertaining to the appeal of the Site Plan Review
and Appearance Board denial of a parking reduction and certain other conditions
associated with the site plan for the Seagate Beach Club. All of the evidence is a part
of the record in this case. Required findings are made in accordance with Subsection I.
I. LAND DEVELOPMENT REGULATIONS: ARE THE LOR REQUIREMENTS
MET?
a. Pursuant to LDR Section 4.6.9(C) the project is required to have a
certain number of spaces. Pursuant to LDR Section 4.6.9(F)(1) the number of parking
spaces may be reduced if justified. The Appellant has requested a reduction of 12
parking spaces.
Is the Appellant entitled to a reduction of 12 parking spaces?
*Yes
4
No
o
*with the understanding that the applicant will endeavor to provide as much parking as
possible so that the reduction is less than 12 parking spaces, if feasible.
b. A condition was placed on the site plan by SPRAB that outdoor music is
prohibited after 10:00 p.m. The Appellant has requested that this condition be removed.
rfeM q.B.
Should this Condition be removed?
Yes
o
No
4
i
~
~
~
it
~
c. A technical item was attached to the site plan that a proposed exfiltration
trench be located on the subject property. The Appellant has requested that the
exfiltration trench be located in the State Road A-1-A right of way.
May the exfiltration trench be located in the State Road Right of
Way?
Yes
4
No
o
d. A technical item was attached to the site plan that the dumpster gates be
relocated away form the public right of way. The Appellant has requested that this item
be removed.
Should this technical item be removed?
Yes
4
No
o
3. The City Commission has applied the LDR requirements in existence at
the time the extension request 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 L
denies _ the appeal of SPRAB subject to conditions not otherwise waived herein
and hereby adopts this Order this _ day of August, 2006, by a vote of 4 in
favor and
o opposed.
ATTEST:
~. ~~.~~:~
Chevelle Nubin
City Clerk