10-03-06 Minutes Reg
OCTOBER 3. 2006
A Regular Meeting of the City Commission of the City of Delray Beach,
Florida, was called to order by Mayor Jeff Perlman in the Commission Chambers at City
Hall at 6:00 p.m., Tuesday, October 3, 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
At this point, Mayor Perlman stated he would like to observe a moment of
silence in memory of James Lamar Shuler, Chairman of the Community Redevelopment
Agency (CRA) who passed away over the weekend.
2.
The opening prayer was delivered by Mayor Perlman.
3.
gIven.
The Pledge of Allegiance to the flag of the United States of America was
4.
AGENDA APPROVAL.
Mayor Perlman noted the addition of Item 6.B., Proclamation
recoi!nizini! James Lamar Shuler. and additional information for Item 9.B., Contract
Awards/Property & Casualty Insurance Coverai!e. Also, Mayor Perlman stated Item
12.C. should read Ordinance No. 57-06 & Ordinance No. 58-06.
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.
5.
APPROVAL OF MINUTES:
Mrs. Ellis moved to approve the Minutes of the Regular Meeting of
September 5, 2006, 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.
10/03/06
Mrs. Ellis moved to approve the Minutes of the Regular Meeting of
September 19,2006, 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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6. PROCLAMATIONS:
6.A. Florida City Government Week - October 15-21. 2006
Mayor Perlman read and presented a proclamation hereby proclaiming the
week of October 15, through October 21, 2006 as Florida City Government Week.
Robert A. Barcinski, Assistant City Manager came forward to accept the proclamation.
6.B. Recoi!nizini! James Lamar Shuler
Mayor Perlman read a proclamation recognizing James Lamar Shuler and
noted it will be mailed. In addition, he stated the funeral arrangements are set for
October 11, 2006, at 10:00 a.m. at St. Thomas More in Boynton Beach.
7.A. PRESENTATIONS:
None.
8.
CONSENT AGENDA: City Manager Recommends Approval.
8.A. FINAL BOUNDARY PLAT APPROVAL/CITYSCAPE: Approve the
boundary plat for Cityscape, located at the northwest corner of N.E. 3rd Street and N.E.
5th Avenue (southbound Federal Highway).
8.B. REQUEST FOR SIDEWALK DEFERRAL/502 N.' OCEAN BLVD:
Approve a request to defer the installation of a sidewalk in front of 502 N. Ocean Blvd.
Staff recommends approval.
8.C. SERVICE AUTHORIZATION NO. 4.1/CH2M IDLL. INC.: Approve
Service Authorization No. 4.1 to CH2M Hill, Inc. in the amount of$82,017.00 for project
management services necessary for the planning and development of the Old School
Square Cultural Arts Center Expansion Project. Funding is available from 334-4151-
572-63.59 (General Fund Capital/Old School Square Park Improvements).
8.D. ." CHANGE ORDER NO. 4 (CONTRACT CLOSEOUT)IREVISED
FINAL PAYMENTIROSSO PAVING AND DRAINAGE. INC./N.E. 4TH AVENUE
BEAUTIFICATION: Approve Change Order No.4 (Contract Closeout) in the amount
of $32,769.49 and revised final payment in the amount of $87,768.96 to Rosso Paving
and Drainage, Inc. for completion of the N.E. 4th Avenue from Atlantic Avenue to N.E.
2nd Street Beautification Project. Funding is available from 442-5178-536-63.50
(Water/SewerlRenewal and Replacement Fund/Water Mains) and 334-3162-541-65.81
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(General Construction FundIN.E. 4th Avenue).
8.E. AMENDMENT NO. 2/SERVICE AUTHORIZATION NO.
6/MATHEWS CONSULTING. INC.: Approve Amendment No. 2 to Service
Authorization No.6 for Mathews Consulting, Inc. in the amount of $5,000.00 for the
addition of engineering services for replacement of existing stormwater piping for the
Seasage Drive, Melaleuca Road, and Oleander Lane Drainage Infrastructure
Improvements Project. Funding is available from 448-5461-538-65.35 (Stormwater
Utility Fund/ SeasagelMelaleuca/Oleander).
8.F. RATE ADJUSTMENTS/AMENDMENT NO. 2/KIMLEY-HORN
AND ASSOCIATES. INC.: Approve Amendment No.2 to the Kimley-Horn and
Associates, Inc. Consulting Engineering Services Agreement Section VII(A)(2)(a) to
adjust the hourly rates by five percent (5%) and add a new category of Senior Principal.
8.G. UTILITY EASEMENT/FLORIDA POWER AND LIGHT: Approve a
utility easement document granting to Florida Power and Light the means to
install/maintain the required underground utilities on City owned property for the Old
School Square Parking Garage Project.
8.H. AMENDMENT NO. 3/CONTRACT FOR SALE AND
PURCHASE/CARVER SQUARE/JEAN LOUIS SAINT FORT AND JOSETTE
SAINT FORT: Approve Amendment No.3 to the Contract for Sale and Purchase of
property to Jean Louis Saint Fort and Josette Saint Fort, as part of the Carver Square
Relocation Project, postponing the closing date from September 26, 2006 to December
29, 2006.
8.1. AMENDMENT NO. 2/INTERLOCAL AGREEMENT/SCHOOL
BOARD OF PALM BEACH COUNTY: Approve Amendment No.2 to the Interlocal
Agreement between the City and the School Board of Palm Beach County, for the
Purchase and Construction of a Soccer Complex which states that the City shall provide
gate access to the play court adjacent to the Soccer Complex; will permit joint use of the
existing one-story restroom facility to the north of the football stadium; and the City will
assume 100% of the utility/electric costs for the Soccer Complex.
8.J. CLUB CAR. INC.lGOLF CARTS: Approve a purchase award to Club
Car, Inc. in the amount of $131,420.00 for eighty-two (82) new golf carts for the Delray
Beach Municipal Golf Course. Funding is available from 445-4761-572-64.90 (Delray
Beach Municipal Golf Course Fund/Other Machinery/ Equipment).
8.K. MOVED TO THE REGULAR AGENDA AS ITEM 9.M.
8.L. INTERLOCAL AGREEMENT~ALM BEACH
COUNTYIDROWNING PREVENTION COALITION: Approve an Interlocal
Agreement with Palm Beach County for reimbursement of swimming lessons for the
Learn to Swim Program at Pompey Park and the Delray Swim/Tennis Center through the
Drowning Prevention Coalition of Palm Beach County.
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8.M. RATIFICATION OF APPOINTMENT TO THE PARKING
MANAGEMENT ADVISORY BOARD: Approve and ratify the reappointment of Mr.
Joe Pike, Planning and Zoning Board Alternate Representative, to the Parking
Management Advisory Board for a two (2) year term ending August 31, 2008.
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8.N. AGREEMENT FOR LOBBYING SERVICES/KATHLEEN E.
DALEY: Approve an agreement for consultant/lobbying services between the City and
Kathleen E. Daley and Associates, Inc. in the amount of $48,000.00 for the period
October 1, 2006 through September 30, 2007. Funding is available from 001-1111-511-
34.90 (General Fund/Other Contractual Services).
8.0. SPECIAL EVENT REQUEST/HALLOWEEN PARADE: Approve a
special event request to allow the Annual Halloween Parade to be held on October 28,
2006 from 1:30 p.m. until approximately 2:15 p.m., including temporary use permit per
LDR Section 2.4.6(F) for the rolling closure of Atlantic Avenue from N.E. 1st Avenue to
Veterans Park, staff support for traffic control and security; contingent upon the receipt of
a hold harmless agreement.
8.P. SPECIAL EVENT REQUESTI7TH ANNUAL DELRAY BEACH
THANKSGIVING ART FAIR: Approve a special event request for the 7th Annual
Delray Beach Thanksgiving Art Fair to be held on November 25 and November 26, 2006
from 10:00 a.m. to 5:00 p.m., to grant a tempor~ use permit per ~DR Section 2.4.6(F~
for the use of N.E. 2nd Avenue from the alley Just north of AtlantIc Avenue to NE 4
Street, to utilize the City Hall parking lot for vendor parking, and to authorize staff
support for traffic control, barricading, security and Fire Inspector with sponsor paying
all overtime costs.
~ SPECIAL EVENT REQUEST/20th ANNUAL TURKEY TROT:
Approve a special event request to allow the 20th Annual Turkey Trot to be held on
Saturday, November 18, 2006 from 5:00 a.m. until approximately 9:00 a.m., including
temporary use permit per LDR Section 2.4.6(F) for the closure and use of A-I-A from
Casuarina to George Bush Boulevard from 5 :00 a.m. to approximately 10:00 a.m., and
authorize staff support for traffic control, barricade set-up/removal, trash removal and
clean up, use of small stage, and waiver of parking meter fees for Sandoway, Ingraham,
and Anchor Park as well as along Atlantic Avenue from Venetian to A-I-A from 8:00
a.m. until approximately 10:00 a.m.
8.R. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards
for the period September 18, 2006 through September 29,2006.
8.S. AWARD OF BIDS AND CONTRACTS:
1. Contract award to Public Safety Equipment & Installations, Inc. in
the amount of $23,372.82 for the purchase and installation of
emergency lighting and other equipment for six (6) new police
vehicles. Funding is available from 501-3312-591-64.20 (Central
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Garage Fund/Automotive).
2. Purchase award to Century Industries in the amount of
$128,019.00 for the purchase of a mobile stage. Funding is
available from 551-1575-591-45.50 (Business Insurance
FundIProperty Claims).
3. Contract award to Globe Marketing in an estimated amount of
$104,500.00 for the processing of the City's utility bills. Funding
is available from 441-5112-536-34.90 (Water/Sewer Fund/Other
Contractual Services).
Mr. Fetzer moved to approve the Consent Agenda, 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.
At this point, Mr. Levinson stated the Palm Beach County Drowning
Prevention Coalition and noted the biggest problem every year is getting enough kids to
take the drowning prevention classes (regarding Item 8.L.).
9.
REGULAR AGENDA:
9.A. RATIFICATION OF THE PROFESSIONAL FIRE FIGHTERS
AND PARAMEDICS OF PALM BEACH COUNTY. LOCAL 2928
MEMORANDUM OF UNDERSTANDING: Consider approval and ratify the
Memorandum of Understanding with the Professional Fire Fighters and Paramedics of
Delray Beach, Local 2928, effective until September 30,2007.
The City Manager stated this Memorandum of Understanding incorporates
all the changes to the current contract that the City Commission had discussed and agreed
to. He stated it has been voted on and accepted by the fire fighters, and staff recommends
approval.
Mr. Fetzer moved to approve and ratify the Memorandum of
Understanding with the Professional Fire Fighters, and Paramedics of Delray Beach,
Local 2928, effective until September 30, 2007, 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.
Mike McCleary, District Vice President for Local 2928, thanked the City
Commission.
9.B. CONTRACT A W ARDS~ROPERTY & CASUALTY INSURANCE
COVERAGE: Consider approval of a contract award to various insurance companies as
negotiated by our broker, Arthur J. Gallagher, for the City's Property and Casualty
Insurance Policies effective October 1, 2006.
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Frank Babin, Risk Manager, introduced Lisa Rodriguez, Vice President of
Arthur J. Gallagher and Judy Arenz, Area Vice President of Arthur J. Gallagher.
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Mr. Babin stated on the spreadsheet, Plan A is included in all the
proposals and includes the cost of all insurance lines except for the excess property. The
package policy premiums provide the City's liability, workers' compensation, and
primary property insurance. The liability insurance and the workers' compensation
insurance coverage will renew without any change in the coverage or the limits. Mr.
Babin briefly reviewed the City of Delray Beach Protected Self-Insurance Program
Proposal for Fiscal Year 2006-2007.
Prior to the vote, brief discussion continued between staff and the
Commission.
Mr. Levinson moved to approve the A + P5 Package, 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.
9.C. CONDITIONAL USE EXTENSION AND WAIVER
REQUESTS/AVENUE EAST (FKA GROVE SQUARE): Consider an extension
request for the conditional use approvals which allowed a building height in excess of 48
feet (54' 3" approved) and which allowed residential units in excess of 30 units per acre
(38.2 dwelling units per acre); and a waiver request to the Land Development
Regulations (LDR) Section 2.4.4(F)(3)(a) for Avenue East (flkla Grove Square), located
at the northeast corner of S.E. 1st Street and S.E. 2nd Avenue. (Quasi-Judicial Hearing)
Mayor Perlman read into the record the City of Delray Beach procedures
for a Quasi-Judicial Hearing for this item and all subsequent items.
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor Perlman asked the Commission to disclose their ex parte
communications. Mr. Levinson stated he met with representatives from Faison and
Michael Weiner. Mrs. Montague stated she met with Michael Weiner. Mayor Perlman
stated he met with Michael Weiner and representatives from Faison. Mrs. Ellis and Mr.
Fetzer stated they too met with Michael Weiner and representatives from Faison.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2004-287 into the record.
Mr.' Dorling stated the proposal consists of a request to extend two
Conditional Use approvals; one for building height in excess of 48 feet (54 feet 3 inches
was approved), and the second to allow residential units in excess of 30 units per acre
(the approved plan shows 38.2 units per acre). He stated there is also a waiver request to
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LDR Section 2.4.4(F)(3)(a). The proposal includes a demolition of an existing four-story
office building and nightclublbar (flkla City Limits), along with its associated pavilion
and outdoor bar. The new plan shows the construction of a five-story mixed use building
containing 850 square feet of commercial space and 55 dwelling units.
On September 21,2004, the proposal was approved as a Conditional Use,
and the associated site plan was approved on December 15,2004 by the Site Plan Review
and Appearance Board (SPRAB). This was appealed to the City Commission due to
issues regarding the elevations. Mr. Dorling stated the approval of SPRAB was upheld
on January 18, 2005. The elevations were later revised by the applicant and approved by
the City Commission at its meeting of January 18, 2005. The Conditional Uses were
approved for two years and had technically expired on September 21 st. As the applicant
did submit prior to the 45 days as allowed by the Code, staff is considering this as an
extension.
Michael Weiner, Attorney with Weiner and Aronson, 102 N. Swinton
Avenue, Delray Beach, representing the Applicant (Faison-Grove Square, LLC),
distributed booklets and stated one ofthe Conditional Uses was for height in excess of 48
feet, and the second concerned the excess of 30 units per acre. He stated the height was
approved at 54 feet 3 inches and the density was 38.2 units per acre. The height is a full
6 feet 7 inches below what is allowed and the increased density of 8.2 units per acre falls
in the lower half of the density increase the Commission has granted in the past
throughout the CBD (Central Business District). Mr. Weiner explained that the applicant
decided to leave the building standing as opposed to leaving a vacant area. He stated
even though it may have been a better situation to bring down the building and demolish
these properties, the applicant decided a demolition would not necessarily be good for the
site or good for the City. Therefore, Mr. Weiner stated thus the reason for the request for
the waiver and noted they have met the four requirements of Section 2.4.7(B)(5).
Mayor Perlman stated if anyone from the public would like to speak in
favor or in opposition of the request, to please come forward at this time.
Chevelle D. Nubin, City Clerk, swore in the following individuals who
wished to give testimony on this item.
Sidney Wiles. 717 N.W. 3rd Avenue. Delray Beach. inquired if this is so
hard to do why is the applicant doing it.
rebuttal.
The City Attorney explained that this question will be answered during the
Joann Peart. 107 N.W. 9th Street. Delray Beach. urged the Commission
to not increase the height and density.
There was no cross examination.
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At this point, staffhad the following rebuttal:
]
Mr. Dorling stated this is the first time he has heard about a possible
condition to re-establish a band shell and noted that if this includes re-establishing any
kind of bar, the applicant would potentially run into some issues with criteria. The
previous City Limits is now located north of Atlantic and this would create an issue with
the separation.
Mr. Weiner stated to obtain demolition permits there are many city hoops
to go through in order to obtain permits. The applicant was reluctant to proceed with
tearing down the buildings.
Mrs. Ellis commented about the $10 million in hard costs and asked if this
is what has been invested in this project. Mr. Weiner stated the money is committed and
spent. Mrs. Ellis also commented about the $80,000.00.
Mr. Levinson stated he will not support the project based upon the fact
that he does not believe the applicant met the criteria, under the code, of providing
significant progress on the project.
Mrs. Montague asked when the anticipated time frame is for construction
to begin. Mr. Weiner stated it is going to be approximately 12-15 months before the start
of construction.
Mr. Fetzer stated if the Commission makes this part of the waiver to build
a temporary pocket park, how soon can this be done and how long will the pocket park be
there. In response, Mr. Weiner stated it will take about 30 days to submit the plans and
since it is not difficult construction, it could probably be done in another 30-45 days
(everything except the band shell). Mr. Weiner stated the temporary pocket park will be
there for approximately one year.
The City Attorney informed Mr. Weiner that this would be an amendment
to the Conditional Use which is a different process than just an extension. The City
Attorney stated the item being discussed this evening is a waiver of the compliance with
the present LDRs.
Mrs. Montague inquired about the construction timeframe of the band
shell, and the utilization. Mr. Weiner stated he believes work could be completed within
sixty (60) days and noted that a temporary band shell could possibly be built instead of a
permanent structure and this may be an easier way to permit it. Mr. Weiner stated this is
currently a band shell on the premise but it is not safe and therefore the structure needs to
be raised. Mr. Weiner stated there are temporary band shells that could be utilized.
Mr. Dorling stated from a processing point of view sixty (60) days is
extremely aggressive and he is not sure if it is realistic. He stated once someone goes
through the Conditional Use process and the building perinit process they are in to those
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sixty (60) days if everything is expedited much less construction after that. Also, Mr.
Dorling stated there are issues to start demolishing the structure and getting it ready if
one is going to vest within eighteen (18) months. Mr. Dorling reiterated that the approval
process at sixty (60) days is very aggressive.
Mrs. Ellis stated after the demolition is complete and the applicant meets
the requirements is the applicant constrained by the eighteen (18) months. In response,
Mr. Dorling stated if the applicant meets the twenty-five percent (25%) they are
considered vested and are not further constrained. If the applicant were to not meet the
twenty-five (25%), they would have to come before the Commission for another
extension. However, the way the LDRs are written, Mr. Dorling stated that extension can
be granted without any further review or without additional findings and can continue if
there has been a good faith effort made.
Brief discussion between staff and the Commission continued.
The City Attorney briefly reviewed the Board Order with the Commission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
The City Attorney stated since the applicant has to follow the new LDRs
does the applicant wish to proceed further with the extension. Mr. Weiner requested to
table the second portion of the decision.
Mrs. Ellis moved to approve to table the extension to a date certain of
October 17, 2006, seconded by Mr. Fetzer. Upon roll call the Commission voted as
follows: Mr. Levinson - No; Mrs. Montague - No; Mayor Perlman - Yes; Mrs. Ellis -
Yes; Mr. Fetzer - Yes. Said motion passed with a 3 to 2 vote, Commissioner Levinson
and Commissioner Montague dissenting.
The Commission moved to adopt the Board Order (Section 1 only) which
denies the waiver. 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.
At this point, the time being 7: 11 p.m., the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
10.
PUBLIC HEARINGS:
10.A. ORDINANCE NO. 47-06: Amendment to the Land Development
Regulations, Central Business District Section 4.4. 13(H), "Special Regulations", to
eliminate the nonresidential requirements on the ground floor along the west side of
Pineapple Grove Way, between NE 3rd Street and NE 4th Street; and Section 4.4. 13(F)(3),
"Building Frontage and Front Setbacks", to adjust 3rd floor setback requirements for
single use townhouse structures along Pineapple Grove Way. Prior to consideration of
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passage of this ordinance on Second and FINAL Reading, a public hearing has been
scheduled to be held at this time.
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The caption of Ordinance No. 47-06 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 4.4.13(F)(3), "BUILDING
FRONTAGE AND FRONT SETBACKS", IN ORDER
TO ADJUST SETBACKS AND SECTION 4.4. 13 (H),
"SPECIAL REGULATIONS", PROVIDING AN
ALTERNATIVE TO THE NONRESIDENTIAL
REQUIREMENTS FOR FIRST FLOORS BETWEEN
NE 3RD STREET AND NE 4TH STREET ON THE WEST
SIDE OF NE 2ND AVENUE, UPON THE PROVIDING
OF CERTAIN COMMUNITY FACILITY SPACE AND
OPEN SPACE; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 47-06 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 of the City of Delray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated the amendments
relate to setbacks and to use provisions of the CBD-zoned property along the west side of
Pineapple Grove WaylN.E. 2nd Avenue between N.E. 3rd Street and N.E. 4th Street. The
current regulations along Pineapple Grove Way to have non-residential uses along the
ground floor and encourages residential uses above. This amendment, specific to single
use townhouse developments, would eliminate this requirement along the west side of
Pineapple Grove Way between 3rd and 4th Streets. The amendment also would seek to
eliminate the requirement for an additional 17-29 foot setback for floors above the second
story to provide a three-story townhouse development. The applicant has requested these
LDR amendments and these came before the Commission on September 5, 2006 and
approved it on first reading. The day before the second reading a compromise was
reached to eliminate the northeastern townhouse and to modify the southeastern
townhouse.
At the City Commission meeting of September 19, 2006, the revised
ordinance was considered at first reading and they recommended approval by a vote of 4
to O. At its meeting of August 21, 2006, the Planning and Zoning Board held a public
hearing in conjunction with the text amendment and also supported it. The project went
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before the Pineapple Grove Main Street (pGMS) Committee and they supported the
elimination of the retail use along the ground floor and the provision of a unified setback
of 5 and 10 feet for the townhouses along Pineapple Grove Way. The Community
Redevelopment Agency (CRA) also considered this at their meeting of August 10, 2006
and recommended approval as did the Downtown Development Authority (DDA) at their
meeting of August 4, 2006.
Gary Eliopoulos. Architect (Applicant). entered his PowerPoint
presentation and resume into the record. He stated the project is the former Publix site
and Post Office and is located at the southwest corner of Pineapple Grove Way and N.E.
4th Street. He stated in the early 1990's he was fortunate enough to have worked with
Currie Partnership which gave him the opportunity to be involved with the original vision
that was being discussed for Pineapple Grove Main Street. Mr. Eliopoulos stated
throughout his entire time on the various City Board's he has never been involved in
approving a project where the developer has come in voluntarily reducing the allowable
density by nearly forty percent (40% - 52 units less) and twenty-five percent (25%)
reduction in the allowed height. He stated the vision for Pineapple Grove was changed
when the four (4) and five (5) story structures were allowed to be built in Pineapple
Grove and commented the original vision was a neighborhood plan in which structures
were to be built two (2) and three (3) stories tall. Mr. Eliopoulos stated Pineapple Grove
Main Street was a neighborhood plan developed by the neighborhood. He briefly
reviewed the architectural renderings and the site specific text amendment. Mr.
Eliopoulos stated by granting this text amendment the Commission will allow the
developer to build a project that will have reduced height, lower density, and provide a
project with a higher quality which makes for a better more respectable transition
between the CBD (Central Business District) and the two abutting historic districts along
the west and north side.
David Schmidt. Attorney. stated the common goal of the Pineapple
Grove Main Street Plan, the Downtown Master Plan, the Cluster Study, and the City's
LDRs is to revitalize the Pineapple Grove Main Street into a vibrant community with a
heavy emphasis on the arts. However, Mr. Schmidt stated a careful reading of the plans
and the LDRs reveal that there are inconsistent methods recommended to achieve that
goal. He stated the Pineapple Grove Plan supported two (2) and three (3) story
residential buildings on Pineapple Grove Way with commercial uses on the first floor.
Although the first floor commercial use was adopted into the LDRs, the height limitation
was not. Mr. Schmidt stated, "Since the public meetings held in 2000 and 2001 that
resulted in the Delray Beach Master Plan, the City Commission has had to adapt to
economic realities". Mr. Schmidt briefly reviewed the Cluster Study and highlighted
some of the economic realities.
Brad Scherer. President of Atlantic Western (full service commercial
real estate firm with 30 years experience dealini! with primarily with the sale/leasini!
finance of commercial properties for institutions and developers). stated his
professional background has been substantially associated with the management and
turnaround of sub and non-performing commercial assets. He briefly discussed Delray's
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current market conditions and how they pertain to the Commission's decision this
evenmg.
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Mayor Perlman declared the public hearing open.
Bob Currie. Chair of the Pineapple Grove Desii!n Committee. stated
he supports the proj ect and stated the rationale used is because they are getting so much
less density and the scale of it is so much lower.
Doak Campbell. Attornev. supports the project and feels it is going to be
very good for the City and is beautifully designed. He briefly discussed lower height and
less density. With regard to the economic realities and as a real estate attorney, Mr.
Campbell stated he has never seen the down turn in real estate so sharp and as quick as
has happened since last October with Hurricane Wilma.
Carolyn Smith (she & John Hoc own two small cottai!es on N.E. 1st
Avenue directly facini! this proiect). stated she was thrilled to hear that Cary Glickstein
bought this property. She stated the idea of having commercial vehicles in front of their
places continuously throughout the day is not what she wishes to see. They fully support
this project and urged the Commission to approve.
Thuv Shutt. resident as well as a property owner of property located
N.E. of the subiect property. supports the project and she commends the Commission
for re-evaluating the code to fit the emerging trends and the changed circumstances that
exist at the time the code amendment was proposed. The proposal for the Downtown
Master Plan was to also try to facilitate and preserve the characteristics of the adjacent
neighborhoods within the downtown area. This proposal is appropriate in that it will
guarantee a better circulation for the surrounding community. Mrs. Shutt urged the
Commission to approve the project because of the changed circumstances that do exist;
one being safety and a transition to a better and healthier downtown area.
Claudio Camilucci. stated aesthetically this is going to be a beautiful
project and likes the idea of no commercial vehicles traveling up and down in the historic
area. He supports this project and would like to see it move forward.
Claudia Willis. 160 Marine Way. Delrav Beach. stated she has already
submitted a letter to the Commission highlighting most of her points. She stated this is a
commercial district; there are LDRs and a Master Plan and a Comprehensive Plan, and a
Cluster Study. She stated if people seem to think that the rules and studies in progress are
incorrect, she suggested, before the rules are changed there should be another study. Ms.
Willis stated there are rules that are enforced and commented that this does not fit the
current LDRs.
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10/03/06
Joann Peart. 107 N.W. 9th Street. Delrav Beach. concurs with
comments expressed by Mr. Campbell with regard to lower height/less density. She
stated we need buffers in the historic districts and she feels this project is a nice transition
from five story parking garage to four story mixed use down to three story townhouses
into the historic districts in the neighborhood. Mrs. Peart stated she is in favor of the
project and urged the Commission to approve.
Tom McMurrian. Developer. stated he has lived in Delray Beach for 56
years and feels this project adds to the community and it is a transition from a
commercial to a residential area. He stated the elevations are in scale with the
community and urged the Commission to support this project.
Sidney Wiles. stated she had lived here since 1952 and she can now ride
her bicycle without having to worry about any big trucks being in the way. She feels the
project is perfect and she is very much in favor of the project.
Lois Brezenski. lives in the historic district approximately four blocks
north of the proposed project and stated this is a beautiful project. She expressed concern
over why the City is considering a developer who did not finish the last proposed strand
and asked what is being done to develop this area for artists if Pineapple Grove was
conceived as an arts district.
Joe Pike. 315 Lake Eden Way. Delrav Beach (Ene:ineer for the
project). owns a building at 298 Pineapple Grove Way, stated this is a lower density and
lower height project and is friendly to the surrounding historic neighborhoods. He stated
this text amendment is about how critical the commercial space is in this particular
project. He stated this is a great fit for this particular place and urged the Commission to
support it.
Livia Landry. 701 N. Swinton Avenue. Delrav Beach. stated the
development that has been allowed in Pineapple Grove Way is inappropriate.
Mr. Fetzer stated he supports this project because he likes the reduced
building height and reduced density and the design looks very good.
Mrs. Ellis stated being a business person and a strong Chamber member
she realizes the importance of the retail and supports the project. She stated when the
property was purchased she believes the developer did intend to do a mixed use project
and concurs with comments expressed by Mrs. Peart that lower height and density and a
buffer to the historic districts is what would be appropriate.
Mrs. Montague stated she supports this project and loves the idea of less
density. She stated with the types of businesses established in the Pineapple Grove area
she feels we need walk-in traffic and people need to be brought to this area so that these
businesses thrive, and she believes this will greatly help that. She stated she will be
looking carefully at the art element inclusion of this and really wants to see this
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10/03/06
established, as well as, the public art factor and will also be looking at the public park
area to make sure that it can be utilized by all of those.
'1
Mayor Perlman stated he proposed a compromise and worked with the
developer and the development team on this and noted that he feels this was an
opportunity to reclaim the original vision which did include public art and creative space
and this would be a start toward that. He thinks the height is appropriate and does not
feel it is about density. Mayor Perlman stated this project reclaims open space and
incorporates some artist space. He does not share the grim prognosis for Delray Beach
and feels the town has been well planned and well designed and we will be hurt less as a
result and come out of this quicker than other communities.
Mr. Fetzer moved to adopt Ordinance No. 47-06 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 - No; Mrs.
Montague - Yes. Said motion passed with a 4 to 1 vote, Commissioner Levinson
dissenting.
10.B. ORDINANCE NO. 56-06 (FIRST READING/FIRST PUBLIC
HEARING): City initiated amendment to extend for 90 days the temporary building
moratorium for demolition, and developments which exceed certain square footage in any
of the City's five historic districts [excluding properties zoned CF (Community Facilities)
or CBD (Central Business District)]. Ifpassed, a second public hearing will be scheduled
for October 17,2006.
The caption of Ordinance No. 56-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING ORDINANCE 14-06, SECTION 3,
"DURATION OF MORATORIUM/EXTENSION OF
MORATORIUM", BY AMENDING THE
TEMPORARY BUILDING MORATORIUM FOR
DEMOLITION AND DEVELOPMENT IN ANY OF
THE CITY'S FIVE HISTORIC DISTRICTS FOR
PROPERTIES NOT ZONED COMMUNITY
FACILITIES (CF) OR CENTRAL BUSINESS
DISTRICT (CBD) AND WHICH EXCEEDS
CERTAIN SQUARE FOOTAGES, TO EXTEND THE
MORATORIUM FOR A PERIOD NOT TO EXCEED
NINETY (90) DAYS FROM THE DATE OF
ADOPTION OF THIS ORDINANCE; PROVIDING A
SAVINGS CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
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10/03/06
(The official copy of Ordinance No. 56-06 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Del ray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated on April 18, 2006,
the City Commission implemented a six month moratorium on any new development
proposals including, but not limited to, demolitions, new construction, and additions.
Some development actions have continued during the moratorium including new
construction of up to 2,000 square feet or less and additions not exceeding fifty percent
(50%) of the existing structures as well as demolitions ifthey are deemed to be unsafe.
During the moratorium, staff has worked with the consultants (REG
Architects and Urban Design Studio) in conducting a series of meetings with the property
owners ofthe Historic Districts. Between June and August, there were a total of eight (8)
public hearing two for each of the individual districts some of them two (2) on each
night. The last public hearing was held on August 31, 2006 in which time there was a
final presentation provided to the public and the consultants revised the Delray Beach
Historic Preservation Design Guidelines and provided a supplementary guide and also
came up with proposed amendments to the LDRs. Staff is currently in the process of
drafting changes to the LDRs as recommended in the consultant's final presentation and
staff is requesting a ninety (90) day extension to allow for a thorough review of the
revisions and the implementations of the LDR changes. Staff anticipates those changes
to come before the Planning and Zoning Board in November and to the City Commission
in early December.
At its meeting of September 20, 2006, the Historic Preservation Board
considered this request and recommended with a 5 to 1 vote that the moratorium be
extended so that these LDRs can be put in place. At its meeting of September 18, 2006,
the Planning and Zoning Board considered this request and with a 7 to 0 vote
recommended against the extension because they felt that six months was adequate time
to hire a consultant, conduct all the public meetings, create design guidelines, and process
all proposed LDR amendments. Staff recommends a ninety (90) day extension at this
time.
Mayor Perlman declared public hearing open.
Matthew Gremlin. 350 S.E. 7th Avenue. Delrav Beach (Marina
Historic District). stated throughout the public meetings the guidelines were presented as
a benefit and would clarify by the process of obtaining permission to develop in a historic
district. He stated there would be fewer requirements to go before the Historic
Preservation Board again and again which is what people have expressed concern about
in the past. He stated new restrictions have been imposed and the new restrictions would
prevent being built what has already been approved in the past. He stated the draft
guidelines incorporate maps of the districts which show properties as being contributing
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10/03/06
and he believes these properties would have to be fifty (50) years old when the historic
districts were created. He feels the studies are inaccurate and stated he can name
properties which were not fifty (50) years old when the historic district was created. He
stated the Meridian (4 story building) is directly behind his property, it overlooks his
property and is very intrusive and has changed the character ofthe property.
~
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Mayor Perlman stated the Commission appreciates the opinions on the
guidelines themselves. However, he noted that what the Commission is really
considering this evening is whether to extend the building moratorium. There will be
opportunities as the ordinances are enacting or not enacting part of the guidelines, and
there will be public hearings as well. Mayor Perlman reiterated that the item this evening
is about whether or not to extend the building moratorium up to ninety (90) days.
Tom O'Reilv. owns three properties in the Marina Historic District.
commented about the process and stated ifit was a problem to achieve the order in six (6)
months then he believes this should have been acknowledged responsibly at the
beginning of the process. If the process could not have been attained within the six (6)
months it should have been offered for the Commission's consideration when it was
voted in the six (6) month moratorium. He stated if there are going to be LDRs in place
they should be considerate of the report which has been offered and should be thought
out, presented, accepted, acknowledged, respected and should be a timely process for the
betterment of the community. Mr. O'Reilly feels that a moratorium will only enforce a
hardship and to his knowledge a moratorium is not required to implement LDRs but
better thorough research may better the community in the end.
Carolyn Rilev Patton. 1020 Tamarind Road. Delrav Beach (owns
property in the Marina Historic District). thanked City staff and the City Commission
for this moratorium as they have worked so hard to maintain their historic properties and
stated she supports the extension.
Shannon Dawson. 527 North Swinton Avenue. Delrav Beach. stated
the guidelines are being over scrutinized and in her opinion a moratorium is not
necessary. She- stated the vacant lots are a detriment to the historic district and
implementing a moratorium will make things worse.
There being no one else from the public who wished to address the
Commission regarding Ordinance No. 56-06, the public hearing was closed.
Mrs. Ellis stated she was in favor of this moratorium because several
projects were overturned by the Historic Preservation Board (HPB). The Commission
has made changes in the make up of the Board. She stated originally the Commission
was informed this project could be done in six months and emphasized that the LDRs
need to get done and it needs to be scrutinized by the Commission, as well as, staff.
However, Mrs. Ellis stated, she cannot support an extension of this moratorium and is not
sure if this can be done in ninety (90) days. She stated she does not believe the
moratorium will be beneficial to the City or to the people that are trying to develop.
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10/03/06
Mr. Fetzer stated he does not like moratoriums; however, he felt there was
a real necessity. He feels there is a responsibility to clear things up for not only the
applicants, but also for the Historic Preservation Board (HPB) as far as what the
guidelines needed to be. He asked if the moratorium is not extended for up to ninety (90)
days where does this leave us. Mr. Dorling stated these are not additional restrictions but
are clarifications, and noted currently nothing can be built that is not compatible.
Mrs. Montague stated in this process she wants to keep the revision
process going but she would like to get an interim report and would like to see a timeline
drawn. She expressed concern over the initial six (6) month period; she was assured that
the process would take three (3) to four (4) months and that the two extra months was a
cushion period. Mrs. Montague stated she will not support the extension of the
moratorium because at this point she does not know what the proper timeframe is. In her
opinion, Mrs. Montague stated by extending the moratorium she feels we are
overstepping our boundaries and reiterated that she would like to see some kind of
reporting status so she knows where we are.
Mr. Dorling stated staff has already met with the City Attorney regarding
the LDR recommendations. He anticipates that they will be before the Planning and
Zoning Board in November and before the City Commission in early December. The
City Attorney stated staff has a draft of the wording of the changes to the LDRs and after
the meeting when they go over the potential changes tomorrow, staff is hoping to have
the draft in ordinance form which needs to be reviewed by others.
Mayor Perlman asked if the Commission can accept Rick Gonzales'
recommendations and consider it a zoning in progress.
Brief discussion continued between the Commission, the City Attorney,
and staff.
Mrs. Montague commented that she feels the public does not understand
what they can or cannot do.
Mrs. Ellis reiterated that this Commission has not been happy with the
decisions that the Historic Preservation Board (HPB) adopted and this is why the
Commission passed the moratorium, for clarifications, so they can make decisions that
were compatible with their neighborhoods and that the Commission, as policy makers,
could feel comfortable with. She stated the clarifying element is intrical but the actual
LDRs that is in place could be utilized to make the Commission's intentions to the
Historic Preservation Board (HPB) in the decision making process.
Mayor Perlman suggested that the Commission get familiarized with the
recommendations/report and schedule this for a Workshop Meeting.
Mr. Levinson stated staff needs to move expeditiously as possible on the
actual adoption of the LDRs and the elements in the report, and the report needs to be
widely disseminated to the appropriate Boards and to the Commission as soon as
possible.
- 17 -
10/03/06
Mrs. Ellis moved to approve the ninety (90) day extension to the
moratorium approving Ordinance No. 56-06, seconded by Mrs. Montague. Upon roll call
the Commission voted as follows: Mayor Perlman - No; Mrs. Ellis - No; Mr. Fetzer-
No; Mr. Levinson - No; Mrs. Montague - No. Said motion was DENIED with a 5 to 0
vote.
l
10.C. ORDINANCE NO. 45-06 (SECOND READING/SECOND PUBLIC
HEARING): City initiated amendment to Land Development Regulations (LDR)
Section 4.4.13, "Central Business District", to provide regulations relating to office uses
on the ground floor along Atlantic Avenue extending from 1-95 to Ocean Boulevard.
Prior to consideration of passage of this ordinance on Second and FINAL Reading, a
public hearing has been scheduled to be held at this time.
The caption of Ordinance No. 45-06 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 4.4.13, "CENTRAL
BUSINESS DISTRICT", SUBSECTION (B)(2),
"PRINCIPAL USES AND STRUCTURES
PERMITTED", SUBSECTION (D)(5), "CONDITIONAL
USES AND STRUCTURES ALLOWED", AND
SUBSECTION (H)(l), "SPECIAL REGULATIONS",
TO PROVIDE REGULATIONS RELATING TO
OFFICE USES ON THE GROUND FLOOR ALONG
ATLANTIC AVENUE EXTENDING FROM 1-95 TO
OCEAN BOULEVARD; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE.
(The official copy of Ordinance No. 45-06 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated, this will prohibit
office uses, including banks and financial institutions, on the ground floor along Atlantic
A venue in the Central Core and the Beach Area from Swinton Avenue to the ocean and
would allow up to fifty percent (50%) of the ground floor along West Atlantic Avenue
and levels greater than fifty percent (50%) as a Conditional Use. Concerns over the
appropriateness of office uses came up with a Conditional Use approval of the Bank
United facility. The City Commission approved added conditions would make it more
pedestrian friendly including requirements for displays over 50% of the windows or later
- 18 -
10/03/06
operating hours. This ordinance was initiated earlier in the year because of a request by a
bank at the northeast corner of 6th Avenue and Atlantic Avenue.
At its meeting of July 24, 2006, the Planning and Zoning Board held a
public hearing on this request, and Randy Welker from the Chamber of Commerce spoke
in favor of the request. The Board voted 4 to 1 (Kincaide opposed, Eliopoulos and
Borchardt absent) to recommend approval to the City Commission.
Mayor Perlman declared public hearing open. There being no one from
the public who wished to address the Commission regarding Ordinance No. 45-06, the
public hearing was closed.
Prior to the vote, Mr. Levinson asked if Bank United is complying. Mr.
Dorling stated the bank is not in compliance and they have been cited by Code
Enforcement at this time.
Mrs. Montague moved to adopt Ordinance No. 45-06 on Second
Reading/Second Public Hearing, 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.
10.D. WAIVER REQUESTSIDELRAY YACHT CLUB: Consider a request
. for waiver of Land Development Regulations (LDR) 4.3.4(K), "Development Standards
Matrix"; Section 2.2.4(D)(3), "Duties, Powers, and Responsibilities"; Section
2.4.7(B)(I)(b)(iii), "Waivers; Special Power to the City Commission" and 4.3.4(J)(4)(a),
"Increases to Height Regulations; Prohibitions" for the Delray Yacht Club. (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. Mrs. Montague stated she met with the applicants and Michael Weiner.
Mayor Perlman stated he met with the applicants, Michael Weiner, and the Beach
Property Owners' Association (BPOA) Board. Mrs. Ellis stated she met with the
applicants, Michael Weiner, and the Beach Property Owners' Association Board. Mr.
Fetzer and Mr. Levinson stated they met with the applicants, Michael Weiner, and the
Beach Property Owners' Association Board.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2006-063 into the record.
Mr. Dorling stated on April 26, 2006, the Site Plan Review and
Appearance Board (SPRAB) approved a Class V site plan modification which included
the construction of 23 bedroom residential condominium units in a four story building
known as the Delray Beach Yacht Club. The applicant is now seeking an increase in the
- 19-
10/03/06
allowed height in the RM (Multiple Family Residential - Medium Density) zoning
district from the approved 35 feet to a maximum of 41 feet. The applicant is requesting
four waivers the first waiver is to allow the increase in building height and the other three
waivers are to waive the prohibition against seeking a waiver for this regulation. The
waiver findings are made in the staff report and the applicant is seeking the waivers so he
can raise the finished floor elevations to be more consistent with the neighboring
properties and reduce the risk of potential flooding.
I
Jason Mankoff. Attornev with Weiner and Aronson. P.A.. 102 N.
Swinton Avenue. Delrav Beach (representini! the owners of the Yacht Club at
Delrav Beach). stated the staff report addresses the waiver requirements and a positive
finding can be made. He stated they agree with staff and adopt the City's findings made
in the staff report. Mr. Mankoff briefly discussed numerous public policy reasons which
support this request and urged the Commission to support the waiver.
Fred Barboni. 949 DOi!wood Drive. Delrav Beach. supports the project
and stated even at forty-one (41) feet the project would still be dwarfed by the buildings
on each side of it. He stated he is in the marina business and works with world class
marinas around the world. Mr. Barboni stated if this yacht club is done right, along with
everything that Delray Beach has to offer, this can be one of the world class destinations
in the world. He stated this would be a great asset to the community and could bring
many advantages.
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).
Prior to the vote, Mayor Perlman stated this has not been done for
aesthetics but appears to be triggered by an engineering issue to prevent flooding. He
asked if something could be put into the code.
Mr. Levinson stated he would like to know whether this is an engineering
issue or a floor height issue. Mr. Levinson asked staff if there was any discussion about
the ability to get the height the applicant needed. In response, Mr. Dorling stated he
informed the applicant that based on the number of floors being proposed, he found it
difficult that they could do this within the thirty-five (35) feet. The applicant's response
was that they would make it work and eventually found out this was not possible.
Mrs. Ellis moved to approve the Board Order as set forth, seconded by
Mrs. Montague. Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; Mr.
Levinson - No; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said
motion passed with a 4 to 1 vote, Commissioner Levinson dissenting.
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10/03/06
10.E. ORDINANCE NO. 54-06: An ordinance amending Chapter 96, "Fire
Safety and Emergency Services", Section 96.66, "Emergency Medical Transportation
Fees", of the Code of Ordinances to adjust the fee schedule for emergency medical
transportation in accordance with the National Ambulance Fee Schedule. Prior to
consideration of passage of this ordinance on Second and FINAL Reading, a public
hearing has been scheduled to be held at this time.
The caption of Ordinance No. 54-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING CHAPTER 96, "FIRE SAFETY AND
EMERGENCY SERVICES", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRA Y BEACH,
BY AMENDING SECTION 96.66. "EMERGENCY
MEDICAL TRANSPORTATION FEES",
SUBSECTION 96. 66(A), TO ADJUST THE FEE
SCHEDULE FOR EMERGENCY MEDICAL
TRANSPORTATION IN ACCORDANCE WITH THE
NATIONAL AMBULANCE FEE SCHEDULE;
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE AND AN EFFECTIVE DATE.
office.)
(The official copy of Ordinance No. 54-06 is on file in the City Clerk's
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 of the 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. 54-06,
the public hearing was closed.
Mrs. Montague moved to adopt Ordinance No. 54-06 on Second and
FINAL Reading, seconded by Mrs. Ellis. Upon roll call the Commission voted as
follows: Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Periman - Yes; Mrs. Ellis -
Yes; Mr. Fetzer- Yes. Said motion passed with a 5 to 0 vote.
At this point, the time being 9:00 p.m., the Commission moved to Item
11, Comments and Inquiries on Non-Agenda Items from the City Manager and the
Public.
1l.A. City Manai!er's response to prior public comments and inquiries.
The City Manager had no comments or inquiries on prior public
comments and inquiries.
- 21 -
10/03/06
H.B. From the Public.
H.B.1. Matthew Gremlin. 350 S.E. ih Avenue. Delrav Beach (Marina
Historic District). stated he owns one home and his understanding of the current Land
Development Regulations (LDRs) is that they allow 40% lot coverage and the new
guidelines in the district impact studies show figures of 30-35%.
'1
At this point, the time being 9:01 p.m., the Commission moved back to
Item 9.D. of the Regular Agenda.
9.D. CONDITIONAL USE REQUEST/CHILDREN OF DESTINY:
Consider a request to allow the establishment of a child care facility for Children of
Destiny (flkla Pat's Happy Face), located on the northwest corner ofN.W. 2nd Street and
N.W. 6th Avenue (601 N.W. 2nd Street). (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 Planning and Zoning, entered the Planning and
Zoning Department project file #2006-381 into the record.
Mr. Dorling stated this is to establish a Child Care facility to be known as
Children of Destiny Day Care (flkla Pat's Happy Face) located at 601 N.W. 2nd Street
and request the capacity increase to 33 children. In 1988, the City Commission approved
a Conditional Use application for Honey Bee's Naps and Laps, to convert a single-family
residence to a child care facility. In 1996, the facility closed and was converted back to a
single-family residence. Pat's Happy Face Learning Center was re-established as a child
care facility with a capacity of 33 children and closed in July 2004. When a Conditional
Use has been abandoned for a period of 180 days, any re-establishment of the use
requires a new Conditional Use approval.
At its meeting of September 18, 2006, the Planning and Zoning Board
held a public hearing on this request and the Board voted unanimously (7-0) to
recommend approval of the re-establishment of the child care facility subject to the three
conditions listed in the Planning and Zoning staff report. Staff recommends approval of
the Conditional Use request.
Valora Burks, owner/operator of the day care center, stated she is certified
and has been working with the school district for over nine years and urged the
Commission to approve the request.
- 22-
10/03/06
Mayor Perlman stated if anyone from the public would like to speak in
favor or in opposition of the request, to please come forward at this time. There being no
one else from the public who wished to address the Commission regarding the
Conditional Use request, the public hearing was closed.
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).
Mrs. Ellis moved to approve the Board Order as set forth, 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.
At this point, the time being 9:05 p.m., the Commission moved to Item
9.M.
9.M. PLAYERS INTERNATIONAL MANAGEMENT. INC. (PIM)
AGREEMENT: Consider approval of a five (5) year agreement with Players
International Management, Inc. (PIM) Agreement for three (3) USTA Junior Tennis
Tournaments proposed to be held at the City's Tennis Facilities.
Robert A. Barcinski, Assistant City Manager, stated this is a proposed five
year agreement with Players International Management, Inc. for three (3) USTA Junior
Tennis Tournaments proposed to be held at the City's tennis facilities. Mr. Barcinski
stated this would involve three USTA Junior events; one in October 2006, one in April
2007, and another tournament in September 2007. He stated some of the highlights of
the agreement are as follows: (1) term is 5 year beginning 10/01/06 and provides for a 5
year renewal, (2) payment to PIM is $75,000 the first year, (3) annual increases in fees
based on all urban consumers (United States Consumer Price Index), (4) a $10,000.00
payment would be made to the City of Delray Beach if there is no television coverage for
the April event, (5) PIM is responsible for event management, (6) City of Delray Beach is
responsible for providing site and courts.
Mr. Barcinski stated he has done some research with the Sports
Commission to see if there is funding available; however, they have some financial issues
at this point. In addition, he has talked with the Finance Director of the Tourist
Development Council (TDC) and they have indicated that it is possible to get some
funding through their Special Projects Fund.
The City Attorney stated with regard to the dates in October 2006 this is
when the EPOCH Gala is also being held. Mr. Barcinski stated the matches will be
played at the Delray Swim and Tennis Club. The City Attorney stated this agreement
will be subject to the event and with regard to the dates for the American City
Entertainment, staff has been contacted by Nancy Stewart and recommends that the
agreement be approved subject to working this out with Nancy Stewart.
- 23-
10/03/06
Mr. Levinson commented about the April dates being the weekend of
]
Easter .
The City Manager stated staff will pursue this and noted Mr. Barcinski
will be meeting with Palm Beach County Commissioner Mary McCarty on October lih.
Mr. Levinson moved to approve the proposed agreement between the City
of Delray Beach and Players International Management, Inc. (pIM), subject to terms and
conditions as outlined in staff recommendations, 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.
At this point, the time being 9:16 p.m., the Commission moved back to
Item 9.E. of the Regular Agenda.
9.E. DECORATIVE STREET LIGHTS ALONG PUBLIC BEACWSR
AlA (LINTON BOULEVARD TO GEORGE BUSH BOULEVARD): Provide
direction regarding the type of decorative street lights to be installed along the public
beach on SR AlA (Linton Boulevard to George Bush Boulevard).
Randal Krejcarek, City Engineer, stated staff is seeking direction
regarding the type of decorative street lights to be installed along the public beach on SR
AlA (Linton Boulevard to George Bush Boulevard). Mr. Krejcarek stated the Florida
Department of Transportation (FDOT) plan requires new street lights to be installed. He
stated an Ad hoc Committee had compiled a consensus plan and there was a lighting
component to that plan. Mr. Krejcarek stated the consensus plan said to leave the
lighting on the west side and add low level lighting on the east side in the CBD (Central
Business District) only. Also, turn the low level lightings off at 9:00 p.m. and if that
lighting interfered with the ability to trim the sea grapes the recommendation was to not
do it at all.
Mayor Perlman asked if Palm Beach County Commissioner McCarty is
committing any funds. In response, Mr. Krejcarek stated she is requesting a letter from
the City; however, she has verbally committed 50% of the difference in cost for the
decorative street lights and has also committed to pay the cost difference for the
intersection of Atlantic Avenue and AlA.
After brief discussion, it was the consensus of the Commission for staff to
obtain prices on the lamps and get the input of the Beach Property Owners' Association
(BPOA).
9.F. REQUEST FOR QUALIFICATIONS ffiFO)/OLD SCHOOL
SOUARE CULTURAL ARTS CENTER EXPANSION: Consider the current
anticipated schedule for advertising the Request for Qualifications (RFQ's) for the Old
School Square Cultural Arts Center Expansion project and publishing deadlines
established by the national professional journals; and review the proposed membership of
- 24-
10/03/06
the Request for Qualifications (RFQ) Selection Committee.
Richard Hasko, Director of Environmental Services, stated the Request for
Qualification (RFQ) was scheduled to be advertised approximately one and a half weeks
ago and during that prior week he was working with Purchasing in getting in touch with
the national journals and publications. Staff found out that they need a two month lead
time between the time they receive the ad and the addition it actually appears in. Mr.
Hasko consequently cancelled the advertisements and informed the Commission that it
will be February 2007 when the City gets the exposure they are looking for in these
publications. Mr. Hasko commented about the membership of the RFQ Selection
Committee.
Mr. Levinson suggested adding two (2) additional people to the RFQ
Selection Committee: (1) a member of the Public Arts Advisory Board (Randal
Krejcarek, City Engineer) and (2) Bill Wilshire, Landscape Architect who is retiring from
the County.
Mayor Perlman commented about a website called the Project for Public
Spaces (pps.org) and stated this is a great resource. He suggested that this advertisement
be posted online.
Mr. Levinson stated these are three good publications from a magazine
standpoint; however, there may be other organizations where the advertisement can be
placed on their web site (i.e. ULI).
9.G. REQUEST FOR SPONSORSHIPIURBAN LEAGUE YOUNG
PROFESSIONALS OF PALM BEACH COUNTY (ULYP)/THE PALM BEACH
ALUMNI EXTENSION OF THE NATIONAL SOCIETY OF BLACK
ENGINEERS (NSBE): Consider a sponsorship request from the Urban League Young
Professionals of Palm Beach County (UL YP) and The Palm Beach Alumni Extension of
the National Society of Black Engineers (NSBE) for the Scripps Panel Discussion to be
held on October 25, 2006.
Mrs. Ellis inquired how this request is placed on the agenda. The City
Manager stated he received this request and he needs to know how to respond to it.
Mr. Levinson stated he does not think this is relevant. Mrs. Ellis
concurred with comments expressed by Commissioner Levinson.
After brief discussion, it was the consensus of the Commission not to
proceed.
9.H. REQUEST FOR SPONSORSHIPINA VY LEAGUE OF THE
UNITED STATES/BOCA-DELRAY COUNCIL: Consider a request from the Navy
League of the United StateslBoca-Delray Council to purchase two (2) tables in the
amount of $1,000.00 each for the luncheon to be held on December 7, 2006 at the Boca
- 25-
10/03/06
Raton Marriott Hotel.
Mr. Levinson suggested that the City offer this to volunteers as a way to
thank them for their services (i.e. Home Front Security volunteers). He also suggested
that Officer Arena poll volunteers to see who would be interested in attending.
'1
Mr. Levinson moved to approve to authorize staff to offer and identify up
to twenty (20) people to attend from the ranks of volunteers in the City and that we pay
for those seats for them, 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.
9.1. AMENDMENT NO. 1/INTERLOCAL
AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY (CRA)!SHUTTLE
BUS SERVICE: Consider approval of Amendment No. 1 to the Interlocal Agreement
between the City and the Community Redevelopment Agency (CRA) for shuttle bus
service in the downtown area increasing the Community Redevelopment Agency's
(CRA) initial funding in the additional amount of $40,000.00 per year.
Mayor Perlman declared a conflict of interest, passed the gavel to Vice
Mayor Ellis and stepped down from the dais.
The City Attorney stated this is an amendment to an Interlocal Agreement
with the Community Redevelopment Agency (CRA) on the funding for the shuttle bus
service. It provides that if the City of Delray Beach receives the grant, then the CRA
shall reduce its contribution by fifty percent (50%) of the grant.
Mr. Levinson moved to approve Amendment No. 1 to the Interlocal
Agreement between the City of Delray Beach and the Community Redevelopment
Agency (CRA), seconded by Mrs. Montague. Upon roll call the Commission voted as
follows: Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mrs. Ellis - Yes.
Said motion passed with a 4 to 0 vote.
9.J. SECOND SETTLEMENT OFFER/CHERYL WRIGHT -DEIGNAN
AND ROBERT DEIGNAN V. CITY: Consider a second Settlement Offer in the
amount of $6,000.00 in Cheryl Wright-Deignan and Robert Deignan v. City. Staff
recommendation is denial.
At this point, Mayor Perlman returned to the dais.
Mrs. Ellis moved to approve the Settlement Offer in the amount of
$6,000.00 ($5,500.00 for Cheryl and $500 for Robert) in Cheryl Wright-Deignan and
Robert Deignan v. City of Delray Beach, seconded by Mrs. Montague. Upon roll call the
Commission voted as follows: Mr. Levinson - No; Mrs. Montague - No; Mayor Perlman
- No; Mrs. Ellis - No; Mr. Fetzer - No. Said motion was DENIED with a 5 to 0 vote.
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10/03/06
9.K. REQUEST TO PARTICIPATE IN REHEARING/APPEAL:
Consider authorizing the City Attorney to participate in any rehearing filed and any
appeal to the Florida Supreme Court regarding voluntary annexations in Palm Beach
County.
Mr. Levinson moved to approve authorizing the City Attorney to
participate in any rehearing filed and any appeal to the Florida Supreme Court regarding
voluntary annexations in Palm Beach County, 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.
9.L. APPOINTMENTS TO THE SITE PLAN REVIEW AND
APPEARANCE BOARD: Appoint one (1) regular member to the Site Plan Review and
Appearance Board to serve an unexpired term ending August 31, 2008. Based upon the
rotation system, the appointment will be made by Commissioner Ellis (Seat #1).
Mrs. Ellis moved to appoint Shane Ames as a regular member to the Site
Plan Review and Appearance Board to serve an unexpired term ending August 31, 2008,
seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mayor
Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - No; Mr. Levinson - No; Mrs. Montague -
Yes. Said motion passed with a 3 to 2 vote, Commissioner Fetzer and Commissioner
Levinson dissenting.
At this point, the time being 9:45 p.m., the Commission moved to Item
12, First Readings.
12.
FIRST READINGS:
12.A. ORDINANCE NO. 53-06: An ordinance amending Chapter 101, "Parks,
Beaches, and Recreation", of the City Code of Ordinances by amending Section 101.24,
"Traffic Regulations", to provide that overhead vehicles shall not be operated within 300
feet of the municipal beach except for airplanes, jets and/or helicopters and motor
vehicles shall not be driven on the municipal beach except for authorized uses. If passed,
a public hearing will be scheduled for October 17, 2006.
The caption of Ordinance No. 53-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE CODE OF ORDINANCES OF THE
CITY OF DELRA Y BEACH BY AMENDING
SECTION 101.24, "TRAFFIC REGULATIONS", TO
PROVIDE THAT OVERHEAD VEHICLES SHALL
NOT BE OPERATED WITHIN 300 FEET OF THE
MUNlCIP AL BEACH EXCEPT FOR AIRPLANES,
JETS AND/OR HELICOPTERS AND MOTOR
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10/03/06
VEHICLES SHALL NOT BE DRIVEN ON THE
MUNICIP AL BEACH EXCEPT FOR AUTHORIZED
USES; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
'1
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(The official copy of Ordinance No. 53-06 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance.
Brief discussion between the City Attorney and the Commission followed
regarding adding additional language (i.e. hot air balloons).
Mrs. Ellis moved to approve Ordinance No. 53-06 on FIRST Reading with
the addition of "hot air balloons", 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.
12.B. ORDINANCE NO. 55-06: City initiated amendment to the Land
Development Regulations Article 1.3, ''Nonconforming Uses, Lots, and Structures", of
the Land Development Regulations, Section 1.3.6, "Repairs and Maintenance", to
provide that if repairs are made to structures damaged by an act of God; Section 1.3.8
"Reconstruction Necessitated by an Act of God" shall apply. If passed, a public hearing
will be scheduled for October 17, 2006.
The caption of Ordinance No. 55-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING ARTICLE 1.3, "NONCONFORMING
USES, LOTS, AND STRUCTURES", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF
DELRA Y BEACH, FLORIDA, BY AMENDING
SECTION 1.3.6, "REPAIRS AND MAINTENANCE", TO
PROVIDE THAT IF REPAIRS ARE MADE TO
STRUCTURES DAMAGED BY AN ACT OF GOD,
THEN SECTION 1.3.8, "RECONSTRUCTION
NECESSITATED BY AN ACT OF GOD", SHALL
APPLY; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 55-06 is on file in the City Clerk's
office. )
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10/03/06
The City Attorney read the caption of the ordinance.
Prior to the vote, Mr. Levinson asked if an "Act of God" is defined. Mr.
Dorling stated this is addressed in the LDRs.
Mr. Fetzer moved to approve Ordinance No. 55-06 on FIRST Reading,
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.
12.C. ORDINANCE NO. 57-06 & 58-06: Privately initiated amendment to
the Land Development Regulations Section 4.6.9(E) to provide credit towards required
parking for the developers constructing new on-street public parking in adjacent rights-
of-way. If passed, a public hearing will be scheduled for October 17, 2006.
The caption of Ordinance No. 57-06 & 58-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING ARTICLE 4.6, "SUPPLEMENTAL
DISTRICT REGULATIONS" OF THE LAND
DEVELOPMENT REGULATIONS BY AMENDING
SECTION 4.6.9(E), "LOCATION OF PARKING
SPACES"; SUBSECTION 4.6.9(E)(1) AND (2) TO
PROVIDE CREDIT TOWARDS REQUIRED
PARKING FOR THE CONSTRUCTION OF NEW
ON-STREET PUBLIC PARKING IN ADJACENT
RIGHTS-OF-WAY; PROVIDING A SAVINGS
CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE.
(The official copies of Ordinance No. 57-06 & 58-06 are on file in the
City Clerk's office.)
The City Attorney read the captions of Ordinance No. 57-06 and 58-06
and noted that the captions for these ordinances are identical. She stated that Ordinance
No. 57-06 is the applicant's text change and Ordinance No. 58-06 is the staff
recommended change.
Scott Aronson, Parking Management Specialist, stated this is a privately
initiated text amendment submitted by New Urban Communities. The amendment would
allow developers to receive a credit towards a project's required parking for new on-
street parking constructed to the right-of-way immediately adjacent to the development
and on the opposite side of the right-of-way directly and wholly abutting the lot, or
parcel. The applicant's request is for a one hundred percent (100%) credit so if they
provide ten new on-street parking spaces adjacent to the development or across the street,
- 29-
10/03/06
this would be ten less spaces they would need to provide on their site in order to meet
their required parking. Staff has reviewed the applicant's request and did some research
and found that other cities do have ordinances, some being limited in the number of
spaces. Staff agrees that there should be some crediting and that fifty percent (50%) is a
more reasonable crediting.
71
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With the proposal of the applicant regarding across the street, their
proposal is adjacent to waterways, railways, public parks or other public open space.
Staffs concern with parks and other public open space at some point to the future those
properties may be developed affording the developer on the other side of the street the
luxury of taking that credit and would not allow them to use this ordinance of the credit
because the parking spaces had already been provided. Staff recommends crediting for
public parking spaces on the opposite side of the street when adjacent to railroads and
waterways but not parks or other public open spaces. Mr. Aronson stated staff
recommends a fifty percent (50%) credit for new public parking on the street adjacent to
the property and extending the fifty percent (50%) credit when adjacent to waterways or
railways but not parks and public open space.
Mr. Aronson stated this was reviewed by numerous Boards. The West
Atlantic Redevelopment Coalition (W ARC) and the Community Redevelopment Agency
(CRA) at their meetings both recommended approval of the applicant's request as
proposed for the 100%. Pineapple Grove Main Street (pGMS), the Parking Management
Advisory Board (pMAB), and the Planning and Zoning Board (P&Z) at their respective
meetings all recommended approval of staffs recommendation (Ordinance No. 58-06)
with the 50% using just waterways and railways across the street. The Downtown
Development Authority (DDA) recommended approval of the proposed text amendment.
Reference was rnade to limiting the number of credited spaces to twenty-five percent
(25%) of the development's required parking in addition to the provision of landscape
nodes, lighting and sidewalks. Mr. Aronson stated sidewalks, landscape nodes, and street
lighting is already development standards. With respect to the twenty-five percent
(25%), they will be limited by the number of on-street parking spaces they can provide
just by the size of the street.
Jeff Costello, New Urban Communities, stated this would apply to an area
where the in-lieu is not available, the public parking fee is not available, and areas that
are further away from the Atlantic Avenue corridor. He stated as you move away from
the corridor the parking requirements for office and retail are greater than what they are
in the downtown corridor. Mr. Costello stated as you move away from that area
alternative provisions to accommodate required parking should be available. This
proposal implements the shared parking concepts which are a fundamental principal of
urban planning and are identified in the Downtown Master Plan along with the provision
of the on-street parking. He suggested that on-street parking be looked at as an incentive
and during his research there are a number of municipalities that allow one hundred
percent (100%) credit.
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10/03/06
Tim Hernandez, New Urban Communities, gave a brief overview of the
reason for the suggested text amendment. He feels this provides lots of extra parking that
is accessible to everyone. He stated one way to ensure that there is more parking
available to everyone is to build more parking spaces that are available at all times. Mr.
Hernandez stated the one place where you can ensure that there is more parking available
at all times, to everyone, is within the public right-of-way.
Brief discussion between the Commission and staff continued.
Mrs. Ellis moved to approve Ordinance No. 57-06 (Applicant's version)
on FIRST Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as
follows: Mr. Levinson - No; Mrs. Montague - No; Mayor Perlman - No; Mrs. Ellis -
No; Mr. Fetzer - No. Said motion was DENIED with a 5 to 0 vote.
Mr. Levinson moved to approve Ordinance No. 58-06 (Staffs
recommendation) with a change in Section E (take out up to fifty percent (50%) and
leave in one parking space credit), 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.
At this point, the Commission moved to Item 13, Comments and
Inquiries on Non-Agenda Items.
13.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A.
City Manai!er
The City Manager stated at the last meeting Mayor Perlman commented
about the letter from Officer Jeroloman about the insurance tax going to the pension
funds. The City Manager stated he is working on a letter back to him and explained that
when the Communications Service Tax was first created in 2001 the Florida Department
of Revenue asked the City of Delray Beach to provide a street number database using the
low and high address numbers for each street in the city. After this was submitted, the
Department of Revenue decided to use a postal service database instead based on the nine
digit zip code. He stated they purchased this from an independent contractor and staff
has no way to compare the City's database with their database. Prior to the deadline this
year, staff entered all the annexations since 2001. In summary, the City Manager stated
the Finance Department should have been more aggressive to ensure timely completion
of the Geo audit and the regular reporting of annexations to the Department of Revenue.
Secondly, he stated some Department Heads have asked him if the
Commission is buying a table for the Starlight Gala that the Spady Museum is putting on.
After brief discussion, it was the consensus of the Commission to purchase a table for the
Starlight Gala to be held on Saturday, October 14, 2006.
- 31 -
10/03/06
The City Manager stated at the last meeting, Mayor Perlman had also
asked about recognizing Brahm Dubin's contribution by naming a facility. Mr. Barcinski
has discussed this with Sharon Painter who has discussed it with Jeanne and everyone
feels that something done in the tennis center (clubhouse building) would be most
appropriate.
, 1
He stated at the League of Cities General Membership Meeting there was
a report from the Housing Leadership Council and they formed five sub-committees to
study various issues and best practices. The City Manager stated they reported that
DeIray Beach was cited at a recent meeting as the best Community Land Trust (CLT) in
Florida. In addition, they reported that Florida Department of Community Affairs (DCA)
and Florida Inland Navigational District (F.I.N.D.) has been tasked with doing a master
plan for the Intracoastal Waterway.
Lastly, the City Manager commented about an incident that happened in
Lantana with their use of the County's fire dispatch system. The City Manager stated he
understands there are many problems with their system but this is also an example of why
we do not want to be in a big county system with no local knowledge.
13.B. City Attornev
The City Attorney had no comments or inquiries on non-agenda items.
13.C.
City Commission
]
13.C.1.
Mr. Fetzer
Mr. Fetzer had no comments or inquiries on non-agenda items.
13.C.2.
Mrs. Ellis
Mrs. Ellis stated she has to walk with a child to school tomorrow for
"Walk a Child to School Day".
13.C.3.
Mrs. Montai!ue
Mrs. Montague had no comments or inquiries on non-agenda items.
13.C.4.
Mr. Levinson
Mr. Levinson stated the Treasure Coast Regional Planning Council
(TCRPC) compiled a package on the Southeast Florida Regional Transportation Corridor
Study (what it is and how it works). He gave the information to the City Clerk and noted
the study is outstanding.
t
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10/03/06
Secondly, he expressed concern that the City has not communicated yet
about the vote on domestic partner benefits. Mr. Levinson asked if email or paycheck
stuffers have been sent out informing people if they qualify for this benefit. The City
Manager stated Harry Hamilton, Human Resources Director, and his staff discussed this
yesterday and they may be placing something in the employee newsletter.
Mr. Levinson stated he would like to see us come up with an AM Radio
Give-a-way Program because he feels this is a way to promote the radio station. He
suggested that the City get a grant or something where we could distribute radios to the
residents with 1620 on the outside of them to help get people to tune in.
Mr. Levinson commented about a letter from the Lake Worth Drainage
District (LWDD) about the City of Delray Beach not placing markers.
He commented about the Palm Beach Gardens booklet.
Lastly, Mr. Levinson stated there was a Florida Department of
Transportation (FDOT) meeting last week and he clarified that the City Commission did
have a presentation for the public at the January Workshop meeting and have had
meetings with various property owners along the Avenue and Federal Highway, in
addition to meeting with civic associations in that area and press releases were also done.
13.C.5.
Mavor Perlman
Mayor Perlman suggested that the smoking on the beach issue be placed
on a Workshop meeting to see how the City Commission would like to proceed and for
further direction.
Secondly, he commented about an article written by Mr. Otis White about
cities that are charging bars and if a city is called out to come to a bar, a place of
business, or an apartment complex more than twice a year for a fight or nuisance, they
charge you the cost ofthe call.
There being no further business, Mayor Perlman declared the meeting
adjourned at 10:32 p.m.
~~~S).~~
City Clerk
ATTEST:
~o~~
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10/03/06
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 October 3, 2006, which Minutes were formally approved and adopted by the City
Commission on October 17, 2006
~l
I
~~.~~
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.
- 34-
10/03/06
"
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRA Y BEACH, FLORIDA
WAIVER AND EXTENSION REQUEST FOR AVENUE EAST
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRA Y BEACH, FLORIDA
Pursuant to LDR Section 2.4.4(F)(3)(a), the project must be evaluated pursuant to the
Land Development Regulations in effect at the time of consideration of the extension
request and the project shall comply with such current requirements. The applicant has
requested a waiver of LDRSection 2.4.4 (F)(3)(a), more specifically from the
requirement to comply with the current LDRs specially LOR Section 4.4.13 (CBP Design
Guidelines).
Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body
shall make a finding that the granting of the waiver:
(a) . Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of public facilities;
(c) Shall not create an unsafe situation; and,
(d) Does not result in 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.
Does the waiver request meet all the requirements of 2.4.7(B)(5)?
Yes 0
No 5
II. EXTENSION:
Table the Extension Request until October 17, 2006.
3. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the original development application was
1
r-km q ,e.
submitted and finds that its determinations set forth in this Order are consistent with the
Comprehensive Plan/LDRs.
4. The City Commission finds there is ample and competent substantial
evidence to support its findingsirithe record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
'1
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competent witnesses supporting these findings.
5. Based on the entire record before it, the City Commission approves _
denies X the waiver, tabling the extension requested until October 17, 2006.
6. Based on the entire record before it, the City Commission hereby adopts
this Order this 3rd day of October, 2006, by a vote of 5
in favor and ;0
opposed.
ATTEST:
.~.~~.~..~
Chevelle Nubin, City Clerk
2
.,
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
CONDITIONAL USE REQUEST FOR THE CHILDREN OF DESTINY DAY CARE
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRA Y BEACH, FLORIDA
1. This conditional use request has come before the City Commission on
October 3, 2006.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the conditional use request for the
Children of Destiny Day Care. All of the evidence' is a part of the record in this case.
Required findings are made in accordance with Subsections I and II.
I. COMPREHENSIVE PLAN
a. Comprehensive Plan - Future Land Use and Map: Is the future use and
intensity of the, development consistent with the future land use map and
comprehensive plan and is it appropriate in terms of soil, topographic, and other
applicable physical considerations, complementary to adjacent land uses, and fulfills
remaining land use needs?
Yes 5 , No 0
b. Concurrency: Concurrency as defined pursuant to Objective B-2 of
the Land Use Element of the Comprehensive Plan must be . met and a determination
made that the public facUity needs of the requested land Use 'and/or development
application will not exceed the ability of the City to fund and provide, or to require the
provision of, needed capital improvements for the following areas:
Are the concurrency requirements met as respect to water, sewer,
drainage, streets and traffic, parks, open space, solid waste and
schools?
Yes 5,
No 0
c. Consistency: Will the granting of the conditional use be consistent
with and further the goals and policies of the Comprehensive Plan?
1
T+-Im q. J).
Yes
5
No
o
]
II. LOR REQUIREMENTS:
a. LDR Section 2.4.5(E) Reauired 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 d~velopment or redevelopment of nearby properties.
Will the requirements of Section 2.4.5(E)(5) be met?
Yes 5 No 0
b. LOR Section 4.3.3(E) - Child Care Facilities:
(1) Lot Area: The minimum lot area shall !:>e 7,500 square feet.
(2) Floor Area: Facilities shall contain a minimum floor area of 35
square feet per ~i1d, exclusive of space devoted to bathrooms,halls,
kitchen, offices, and storage.
(3) Outdoor Area: There shall be a minimum area of 75 square feet,
of outdoor play area per child~ The play area shall be located ohthe
same lot as the principal use and shall not be located in the front yard
setback or adjacent to any outdoor storage area. The play area shall be
surrounded by a six..foot high fence or wall.
(4) Loadina Area: A pickup and drop.;.offarea for children shall be
provided in a convenientarea adjacent to the building and shall provide
clear ingress and egress to the building.
(5) Other Reaulations: All child care facilities shall comply with State
and County regulations.
Will the requirements of Section 4.3.3(E) be met?
Yes 5 No 0
2
3. Shall the conditions, 1-3, as set forth on page 1 of the staff report be
incorporated herein?
Yes 5 No 0
4. The City Commission' has applied the Comprehensive Plan and LOR
requirements in existence at the time the conditional use request was submitted.
5. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
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 -1L-
denies _ the conditional use request subjectto conditions set forth in the staff report
and hereby adopts this Order this 3rd day of October, 2006, by a vote of 5 in
favor and. 0 opposed.
~~'V.~~'
,Chevelle Nubin
City Clerk
ayor
3
]
~
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRA Y BEACH, FLORIDA
WAIVER REQUESTS FOR THE YACHT CLUB AT DELRAY BEACH
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. These waiver requests have come before the City Commission on
October 3, 2006.
2. The Applicant . and City staff presented documentary evidence and
testimony to the City Commission pertaining to the waiver requests for the development
known as the Yacht Club at Oelray Beach. All of the evidence is a part of the record in
, this case. Required findings are made in accordance. with Subsection I,
I. WAIVER:
a. Pursuant to Sedion30.15 of the Code of Ordinances fhe' Commission
may grant a waiver to a Sectioi10f the Lflnd Development Regulations in which a waiver
is not allowed under the LDR's. . The Applicant has requested a waiver to Section
4.3.4(K) to allow an increase in height for the Yacht Club at Oelray,Beach Ptojeot,. )
located in the RM zoning district, from 35' to 41'. In order to consider this waiver the
Commission must waive the following:
b. LOR Section 2.2.4(0)(3) - provides no variance to height regulations may
be granted by the Board of Adjustment.
c. LDR Section 2.4.7(B)(1)(b)(iii) - provides that no waiver may granted,
tinder LDR Section 2.4.7(B), by the Commission for which iUs stated that there shall be
no waiverand/or variance provided.
d. LDR Section 4.,3.4(J)(4)(a) - provides that the Board of Adjustment may
not grant an increase in height to any structure located in the RM zoning district.
The Applicant has asserted that the street, MacFarlane Drive in which the height
measurement will be made from the crown of the road, has an uncharacteristically low
crown and is prone to flooding. The Applicant also asserts by allowing the increase in
'height the finished floor elevation will be raised to a height that is more consistent with
the neighboring property.
Should the waiver requests be granted based on the assertions listed above?
Yes
4
No
1
)
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1
T+r:1vl IIJ ,X>-
3. The City Commission has applied the Comprehensive Plahand LOR
requirements in existence at the time the original development application was
1
submitted and finds that. its determinations set forth in this Order are consistent with the
Comprehensive Plan.
4. The City Commission finds there is ample and competent substan'tial
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 theseJindings.
5. Based on the entire record before it, the City Commission approves X
denies_ the waiver request to LOR Sections 2.2.4(D)(3), 2.4.7(B)(1 )(b)(iii),
4:3.4(J)(4)(a) and 4.3.4(K).
6. Based on the entire record bf:}fore jt, the City Commission hereby-adopts
,this 0rder this 3rd day ofOctdber,2006; by a vote of 4
:oP.'e~sed.
in favor ,and 1
, ATTEST: -
~,{;~- - - ~^ .
-~ ~.~~L:'J
Chevell~ Nubin, City Clerk
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'FOR~ 88' MEMORANDUM OF VOTING CONFlJ~T FOR', '"
COUNTY: MUNICIPAL AND OTHER LOCAL PUBLIC OFFI.CeRS
rr NAME-FlRST NAME-MIOOlE NAME NAME OF ooARo.-COUNCIt.. COMMISstoN, ALI'rHORltv;OR ~
!r an jeffre L. .' ]}~.l;r<'l,y":Beacli~~;ity:)eoJiimis~i.on, ~"" ,.'.,
lUNG ADDReSS . . 'THE BoAAo, cOONcIl. CoMMcsscON, Alm:toRrrY oR CQt.tMrTTEe ON .
! 971 Delray Lakes Drive ,~ISERVEISA,UNlTOF:.': ,,_: . ". "
aTY' <;OUNTY" l:J cnY' 0 cot;A\(TY '0 01ltilU~~ ' .
Del~ay. B~~c;:h.. Fl. 33444 Palm, .Beach .NAMEOFPOUt1cAI..SUOOMsloN: '. .
Dll.TEONwttai.WTE~
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Ad" PQSfTlONIS:
, ,ElEcnve
o APPOctmVE
WHO MUST FILE FORM 88
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This form is for use by any person serving at the county, city. 0( other local level of government on an appointedor~l~edbOard<lOOncll,
oonvnfssion. authority, ,0( committee. It applies equally to members of advisory arid nd~adviSOrY'bOqies Whd are'pre$eirt~' With:~ ~o~
Conflict of Interest under Section 112.3143, Florida Statutes. ',', '.' >," ,;':' ,'_
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'Y~ ~es. under the law whertfaced with vOtlngoo a measure in whiCh you have a Conflict OfinteresrWllrti~rYgieatiY~~~Odlng,
qn wheffi8( You hold an elective or appointive position.For-this:reason~ please pay close atteotioo,to thelnstnJctions-Ori~thlS;fOim"6efon:'
cOmPleting th~ rever;:;eslde and fiUng tttEHonn. '. ' " .
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':'~::;'fNSTRUCnONSFOR COMPlIANCEWrfHSECTlON112.3143, FLPRiOA'$'t~tut~, . .
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A ~ holding eiectiveor appointive ~~~ty, rnunicipa~,.pr:p~~r~",p~lln_C9(f"lOe M~S:r AJ3~TAlN~Q!ll,~tJi!~~~:~t~re;'~Ich; ) .
res to his or her special private gaio -orfO$s:eaCh ,erected Or. :apP9IhtedloCal officer also is prohibited from kI1qWing}yvotitJgon 8' mea-
"e' which Inures to the special gain or loss of a principal (other than a government agency) by whom he or she is re~nedJulCl(ud~the
.-fOOt organfza~or subsidiary ofa .COC'p()rate p~ncipal~y< ~ia"heorshe iS~etain~);to the ~~Iprlv~tegaln,(lr ~.~~r~ti.vtJ,;;()r ._
Iq. thesp6clal private"gain' 'or loSs 'Of a businesSaSsoOiate. eommissio~rs of community redeveloPment agencleS,underSe.e, J63~or
1~:357, F.S., and officers of independent special tax; distriCt$ 'oiectedon.aone--acre. 'one.-votebasis arenor~ooiij{t~'d::ffdfifW)ti.hg;rnthat.
capa~. '
For purposes of this Ia~. a "'relative- includes only the OffICer'S father. mother,. soo, daughter, husband, wife, brother. s1st9f'. f~ther-/n.law.
~er~,son.jrHaW, and daughter-in-law. A wbusiness associate- means any person 0( entity engaged in.or carrying,o.1-abusiness
eclterprise WIth the offICer as a partner, joint venturer, coowner Otproperty. or corporate shareholder (where thesharesof~: c;o<<pOi'ation
are not liSted on any national 0( regional stock exchange).
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ELECTED OFfiCERS:
In a<krction to abstaining from voting In the situations described above. you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaJnlng from voting; and'
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this fonn with the person responsible for reOoroing the min-
utes of the meeting~ who should /ncorpQrate the form in the minutes.
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APPOINTED OFFiCERS:
AIhough yqu ~ a,~lre'fi:QCl\',voting)n the situations ~d above, you othOr.vise may-J>at1icipate ,in theSe'matt6rs.HoW~.~: .
must ~ the natUreQf the conflid betOi:e~kin9 ~y,atiemPt to influenCe ~ deciSion. whether orally or in.Wdting, ~;~made
(OU or at four c:fttadion. ' . . ,
rOU inTeND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH:THE voTe Will BE .
tAKEN: . ,..
· You mUst complete and file this form (before making any attempt to influence the decision) with the person responsible for recording. the
minutes of the meeting, who will incorporate the form In the minutes. (Continued on other side)
ce FORM 88 - EfF. 1/2000 Item 9. I PAGE 1
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~APOI"lf'~fl~~'b~:~~.: L~ 'l~.:~j:~?:~~~:.~f., :.' .,,~ ~~'" . '::':~ . :JJ;'~:';:"::,;:,'.
.:. ~.""~.~~~- ".' must.~~'i'~~':I!JH~I~.~...,. tAl UIV.",I",~.~~t; ut Ulu~~;i ~.X~. - :"l"i _. ~....,,:". .
. ,. j:~~~:.~i~~'~:~~';~r~;;'~~'~~.' ~,,""~' . .,,~~' "" n
fYOU ~ No A~ptTOI~~kl.!t~ BY DISCUSSION AT THE MEE11tlG: '., .::, '
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'. meeting. who must Incorporate the form in the'~~A<;opy.o(.the ,form must be prOVidoo immediately to ~itheime.M~"Otihe.. .
. , '~and.the~forin must be read~atthe next nWitln{fattei~ form is filed. . ,
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, DlSClOSURia OF lOCAL OFFICER'S INTEREST
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C()Na~$>GROUN0S'FOR'ANDMAY'Be.cpaNISHa)'BY ONE'-ORMORE dF mE FOLLOWING; !.~~~qt:tJ\!€~J... ';: ..
ReMOVAl OR. SUSPENSION FROM OFACE OR EMPLOYMENT. DEMOTION. REDUCTION IN SAlARY. REPRIMAND. ()Rf.,';
c P~JY,NOT,TOEXGt;EO~10.qoe, . " . ..'.., ~;:,:",.::/.,.. ",'-~'
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