12-05-06 Minutes Reg
DECEMBER 5. 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, December 5, 2006.
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Roll call showed:
Present - Commissioner Rita Ellis
Commissioner Fred Fetzer
Commissioner Jon Levinson
Commissioner Brenda Montague
Mayor Jeff Perlman
Absent - None
Also present were - David T. Harden, City Manager
Susan A. Ruby, City Attorney
Chevelle D. Nubin, City Clerk
2. The opening prayer was delivered by Reverend Ron Arflin with Abbey
Delray South.
3.
gIven.
The Pledge of Allegiance to the flag of the United States of America was
4.
AGENDA APPROVAL.
Mayor Perlman noted a revised agreement for Item 8.P., Subordination
AereementJOrion Bank.
He stated that Item 9.C., FY 2007 Performance Measures/Golf Courses
and Tennis Facilities has been removed from the Agenda.
Mayor Perlman noted a revised agreement for Item 9.D., Housine
Assistance and Development Agreement.
Mayor Perlman stated there is revised information for Item 10.A.,
Ordinance No. 59-06 and Item 10.B. Ordinance No. 33-06. Item 10.K, Ordinance
No. 76-06 will be postponed to a date certain of December 12,2006 for a First Reading.
He stated that Item 10.A, Ordinance No. 59-06. will be conducted as a
First Reading tonight with a Second Reading on January 2,2007.
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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:
. NONE
6.
PROCLAMATIONS:
. NONE
7.
PRESENTATIONS:
7.A.
Butler
City of Delrav Beach Student Residents' Academv Certificates - Lula
Lula Butler, Director of Community Improvement, stated this is the First
Student Residents' Academy. She stated they have expanded their educational
component for residents to the students and fifteen (15) students are graduating. The
students attended one and a half hour long sessions for 3 weeks and learned about their
town. Mrs. Butler and Mayor Perlman presented certificates to the following graduates
of the Student Residents' Academy:
Emily Acosta
Samantha Frontera
Jordan Coyne
Jessica Perfetto
Abinash Sahoo
Samantha Perlman
Whittaker Bullard
Billy O'Connor
Joanna Luo
Alice Wang
Jake Gittelmacher
Bojana Pencheva
Liza Ritter
Rachel Flood
Rachel Medeiros
Yimin Chen
Tyler Kennedy
Lindsay Brandt
Devon Rosecan
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Mrs. Butler thanked the Commission for their support and assistance.
At this point, two students came forward and gave a few brief comments
regarding the program.
8.
CONSENT AGENDA: City Manager Recommends Approval.
8.A. ACCEPTANCE OF EASEMENT DEED/STORAGE PARTNERS OF
DELRAY. LLC: Approve and accept an easement deed between the City and Storage
Partners of Delray, LLC, providing a 12 foot water line easement to be constructed for
the Delray Beach Extra Closet Project, located at 14216 Military Trail.
8.B. ACCEPTANCE OF EASEMENT DEED/GRAYHAWK
DEVELOPMENT CORP: Approve and accept an easement deed between the City and
GrayHawk Development Corp, providing a sewer main easement adjacent to Whatley
Road in the Country Club Acres subdivision.
8.C. LEE'S CROSSING HOMEOWNERS ASSOCIATION.
INC./TRAFFIC ENFORCEMENT AGREEMENT: Approve an agreement between
the City and the Lee's Crossing - Delray Beach Homeowners Association, Inc. allowing
the Delray Beach Police Department to enforce local and state traffic laws on its
property.
8.D. RESOLUTION NO. 72-06: Approve Resolution No. 72-06 supporting
the proposed Fine Arts Program at Plumosa Elementary School.
The caption of Resolution No. 72-06 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA SPPORTING
THE PROPOSED FINE ARTS PROGRAM AT
PLUMOSA ELEMENTARY SCHOOL.
(The official copy of Resolution No. 72-06 is on file in the City Clerk's
office. )
8.E. CHANGE ORDER NO. l(CONTRACT ADDITION)/ASPHALT
CONSULTANTS. INC.: Approve Change Order No. 1 (Contract Addition) in the
amount of $21,800.00 to Asphalt Consultants, Inc. for additional work required due to
design changes, and a contract extension of twenty-eight (28) days for the Country Club
Acres Infrastructure Improvements Project. Funding is available from 441-5161-536-
65.86 (Water/Sewer Fund/Other Improvements/Country Club Acres).
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8.F. LEASE AGREEMENTIM SPACE HOLDINGS. LLC: Approve a
lease agreement in the amount of $75,870.00 with M Space Holdings, LLC for a triple-
wide modular facility as a temporary facility for Fire Station No.4 for eighteen (18)
months. Funding is available from 001-2311-522-44.20 (General Fund/Building).
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8.G. LEASE AGREEMENTIREGIONS FINANCIAL CORPORATION:
Approve a Master Lease Purchase Agreement in the amount of $131,420.00 with Regions
Financial Corporation financing eighty-two (82) club carts at a rate of 3.77% for a forty-
eight (48) month term and authorize the execution of the documents. Funding is
available from 001-7111-519-71.50 (General Fund/Lease Purchase-Principal) and 001-
7111-519-72.50 (General Fund/Lease Purchase-Interest).
8.H. THIS ITEM WAS MOVED TO THE REGULAR AGENDA AS
ITEM 9.A.1.
8.1. SPECIAL EVENT REOUESTIHOWARD ALAN 18th ANNUAL
DOWNTOWN ART FESTIVAL: Approve a special event request for the 18th Annual
Downtown Art Festival sponsored by Howard Alan Events, Ltd. to be held on January 20
and 21, 2007 from 10:00 a.m. to 5:00 p.m., granting a temporary use permit per LDR
Section 2.4.6(F) for street closure of Atlantic Avenue, east of side of N.E./S.E. 6th
A venue east to Salina and Veterans Park lot for vendor parking; authorize staff to apply
for the FDOT street closure permit; authorize staff support for security and traffic control,
barricading, and permit an event sign to be erected on Atlantic Avenue just east of 1-95
ten (10) days prior to the event with the sponsor paying all overtime costs.
8.J. ACCOUNT FUNDING CHANGEIHOUSING REHABILITATION
GRANT/CONTRACT AWARD: Approve an account funding change from
Community Development Fund/Housing Rehabilitation (118-1963-554-49.19) to the
State Housing Initiatives Partnership (SHIP)/Housing Rehabilitation (118-1924-554-
49.19) for one (1) housing rehabilitation deferred payment loan (609 S.W. 8th Avenue) in
the amount of$34,125.00.
8.K. HOUSING REHABILITATION GRANT/CONTRACT AWARD:
Approve a Housing Rehabilitation grant/contract award through the Community
Development Division in the amount of $33,589.50 to South Florida Construction
Services, Inc. (102 S.W. 8th Avenue). Funding is available from 118-1963-554-49.19
(Community Development Fund/Housing Rehabilitation).
8.L. AMENDMENT TO LEASE AGREEMENT/NEW CINGULAR
WIRELESS PCS. LLC: Approve an Amendment to the lease agreement with Cingular
Wireless, PCS, LLC on the City's elevated water storage tank, providing that Cingular
will pay the City $17,500.00 for twelve (12) months from December 1, 2006 to
November 30, 2007 and providing that if Cingular is able to transfer the lease to another
entity the City's approval of such transfer shall not be unreasonably withheld.
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8.M. AMENDMENT TO LEASE AGREEMENT/NEW CINGULAR
WIRELESS PCS. LLC: Approve an Amendment to the lease agreement with Cingular
Wireless, PCS, LLC on the Police Department radio tower, providing that Cingular will
pay the City a monthly rental fee of $1,700.00 with a 2% annual increase in the rental fee,
guarantee the rental payment to the City between February 1, 2007 through January 31,
2009 regardless of whether they are using the site or terminate the agreement, pay a fee
equal to twelve (12) rental payments, if they decide to terminate the agreement; and the
City may notify Cingular prior to the expiration of the five (5) year term of its intent not
to renew the Agreement for the use ofthe Police Tower.
8.N. ADDENDUM/CONTRACT FOR SALE AND PURCHASE OF
PROPERTYIDELRAY BEACH COMMUNITY LAND TRUST. INC.: Consider
approval of an addendum to the Contract for Sale and Purchase of Property with the
Delray Beach Community Land Trust, Inc. extending the closing date from November
30, 2006 to December 8, 2006, for three (3) properties located at 802 S.W. 3rd Street,
1012 N.E. 3rd Avenue and 119 S.W. 9th Avenue.
8.0. CDBG CONSOLIDATED ANNUAL PERFORMANCE AND
APPRAISAL REPORT (CAPER): Approve the Community Development Block
Grant (CDBG) Consolidated Annual Performance and Appraisal Report (CAPER) for FY
2005-2006 as required by the U.S. Department of Housing and Urban Development.
8.P. SUBORDINATION AGREEMENT/ORION BANK: Authorize and
approve a subordination agreement between the City and Orion Bank in the amount of
$1,200,000.00 for a further advance regarding incurred costs for the Master Planned
Development of The Villages at Delray encompassing the current Auburn Trace
Apartment Community and the redevelopment of the adjoining former Carver Estate
Community Project.
~ REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards
for the period November 20, 2006 through December 1, 2006.
8.R. RESOLUTION NO. 73-06: Approve Resolution No. 73-06 supporting
Municipal Home Rule.
The caption of Resolution No. 73-06 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, SUPPORTING AND
ENDORSING THE PRINCIPLES OF HOME RULE AND
ADOPTING THE POLICIES SET FORTH BELOW TO
SUPPPORT THE PREMISE THAT THE CITY SHOULD
HAVE THE AUTHORITY TO GOVERN WITHIN ITS
JURISDICTION; FURTHER PROVIDING THAT SUCH
AUTHORITY SHOULD NOT BE
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ERODED;PROVIDING AN EFFECTIVE DATE; AND
FOR OTHER PURPOSES.
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(The official copy of Resolution No. 73-06 is on file in the City Clerk's
office. )
8.S. AWARD OF BIDS AND CONTRACTS:
L Purchase award to DTC Communications, Inc. in the amount of
$22,641.89 via the GSA Contract #GS-03F-001OM for
replacement of equipment for 'the Police Department's Vice,
Intelligence & Narcotics Section. Funding is available from 115-
2112-521-64.90 (Machinery Equipment/Other
MachinerylEquipment).
2. Bid award to J.C. White in the amount of $18,375.56 under State
Contract #425-001-06-1 for portable partitions to be used in the
Community Center Gym for the International Tennis
Championships and other events. Funding is available from 001-
4210-575-63.90 (General Fund/Other Improvements).
Mrs. Ellis moved to approve the Consent Agenda as amended, seconded
by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. Levinson -
Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes.
Said motion passed with a 5 to 0 vote.
9.
REGULAR AGENDA:
9.A.1. AMENDMENT NO. lIS0UND INVESTMENTS BY J.W. INC./PRO
DVD MAKERS: Approve Amendment No. I to the agreement between the City and
Sound Investments by J.W., Inc. d/b/a Pro DVD Makers in the amount of $6,700.00 per
year for three (3) years, to maintain and upgrade our virtual tour on the City's web page.
Funding is available from 001-4111-572-46.90 (General Fund/Other Repair/Maintenance
Costs).
Commissioner Levinson expressed concern regarding the advertising.
Commissioner Ellis stated she looked at the website and did not see any
ads and was impressed that there were no ads.
Mr. Levinson suggested that the City spend $24,000.00 not to have ads
because he is concerned about where they are going to sell them and who they are going
to sell them to.
The City Attorney suggested postponing Amendment No.1.
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Danielle Beardsley. Recreation Supervisor III/Marketing, stated James
Arena from Pro DVD Makers is present for any questions the Commission may have.
Brief discussion by the Commission, the City Attorney, and Mr. Arena
followed.
The direction of the Commission is to spend the $24,000.00, not have any
ads, and postpone to the December 12, 2006 City Commission meeting to work out terms
of the agreement.
Mrs. Ellis moved to postpone this item to the December 12, 2006 City
Commission meeting, 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 6:20 p.m., the Commission moved to Item
9.D. of the Regular Agenda.
9.D. HOUSING ASSISTANCE AND DEVELOPMENT AGREEMENT:
Consider approval of the Housing Assistance and Development Agreement between
Midtown Delray, LLC and the City of Delray Beach, Delray Beach Community Land
Trust, Inc., and the Delray Beach Chamber of Commerce for the development of
workforce housing.
The City Attorney stated the agreement is between the City of Delray
Beach, the Chamber of Commerce and the Community Land Trust (CL T) and it provides
that the City of Delray Beach will do expedited processing of permitting and the plan is
that the CL T will receive land and perhaps units if they are awarded the grant. The
Chamber of Commerce will provide information making sure people know about this
opportunity should they obtain it. There will need to be another developer's agreement
setting out more particular terms as it applies to the CLT. The City Attorney stated if the
City or the CL T is not satisfied with that then this agreement will be null and void.
The City Attorney referenced page 2, "B" regarding the deadline date of
December 15, 2006. She stated if the agreement is not reached by then this agreement
will terminate.
Commission Levinson thanked Susan Ruby and David Schmidt for their
work on this.
Mrs. Ellis moved to approve the Housing Assistance and Development
Agreement between Midtown Delray, LLC and the City of Delray Beach, Delray Beach
Community Land Trust, Inc. (CLT) and the Delray Beach Chamber of Commerce for the
development of workforce housing, 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.
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At this point, the Commission moved to Item 9.A., of the Regular
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Agenda.
9.A. APPEAL OF THE HISTORIC PRESERVATION BOARD'S
DECISIONI711 NORTH SWINTON AVENUE: Appeal of the Historic Preservation
Board's decision regarding partial demolition and new construction at 711 North Swinton
Avenue, located in the Del-Ida Park historic District. (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 Quasi-Judicial 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 provided the emails to the City Clerk. Mrs.
Montague stated she forwarded emails to the City Clerk. Mayor Perlman stated he has
emails that he will forward to the City Clerk. Mrs. Ellis stated she has emails that she
will forward to the City Clerk. Mr. Fetzer stated he has emails that he will forward to the
City Clerk's office.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Project File #2007-020 into the record.
In December 2005, the property owner of 711 North Swinton Avenue
submitted a COA application for the partial demolition of a structure built in 1962 and
construction of a two-story addition and attached two-car garage. The application was
reviewed by the Historic Preservation Board on January 18, 2006, at which time the
application was continued with the direction to scale down the addition and relocate the
garage, in order to step it back from the front fayade, or to place the garage further back
on the property as a detached structure. The development proposal included the retention
of approximately 800 square feet of the existing structure and construction of a 3,475
square foot two-story addition including a two-car garage located to the rear of the north
elevation. The total square footages totaled 4,275 square feet. The decision was
appealed to the City Commission at its April 4, 2006 meeting, where the appeal was
upheld and the approval overturned, denying the COA request. On April 28, 2006, the
City Commission implemented a six-month moratorium on new development that was
put into place. At the end of the moratorium this application was re-submitted and
considered by the Historic Preservation Board (HPB) at their November 15, 2006
meeting and it was approved subject to the conditions listed on page six (6) of the City
Commission documentation. At that time, staff was recommending approval subject to
eight (8) criteria; six (6) of those were adopted by the Board and two (2) were not
(Condition #7 - That the second story is modified to appear less massive, and Condition
#3 - That the garage contains a secondary appearance, and is minimally visible from
North Swinton Avenue).
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At its meeting of November 21,2006, the City Commission requested that
this item be removed from the Consent Agenda. At this meeting, the Commission, with a
vote of3 to 2, approved to appeal the Historic Preservation Board's (HPB) decision.
Warren Adams, read his credentials into the record, briefly discussed how
the structure is incompatible with the existing historic structures and the Del-Ida Park
Historic District.
David Rosenbom, Applicant, stated he has owned the property for
approximately one year. He stated he used advice given to him by Warren Adams,
neighbors, and Amy Alvarez, Historic Preservation Planner. Mr. Rosenbom stated there
is a lot of property in Del-Ida Park Historic District that needs improvement.
Mayor Perlman asked if there is anyone from the public who would like to
speak in favor or in opposition ofthe request to come forward at this time.
John Miller. 1502 Fenton Drive. Delrav Beach. speakine as a Historic
Preservation Board (HPB) member. briefly viewed the LDR and what was presented to
the Historic Preservation Board (HPB). He stated if this is turned down he feels it will be
very difficult for anyone to do anything in these neighborhoods and this does not
encourage any reuse in these types of neighborhoods. Furthermore, he stated the
property values will crash and will deteriorate the neighborhoods as a whole in the
historic districts. He stated he is on HPB because he wants to keep these neighborhoods
viable which sometimes mean allowing a little more square footage. He agrees that the
average house size is different than it was when it was built. Mr. Miller stated if we do
not do something to make these neighborhoods attractive so that people want to live in
them the neighborhood is going to go down hill.
Matt Grabham. 350 S.E. 7th Avenue. Delrav Beach. asked how this is
serving the interest of the public when the homeowner living in this house wants to
develop and the neighbors have said okay. Mr. Grabham stated he has done his best to
work with everyone to try and get to what he wants to do and because of a few criteria he
is being stopped.
Lois Brezenski. 110 N.E. 7th Street. Delrav Beach. she urged the
Commission to walk through the Del-Ida Park Historic District and find one garage on
the street. She stated she is all for improving the neighborhood; however, she is asking
that the homes be compatible with what is there already. Ms. Brezenski stated she has a
two car garage behind her home and noted that the historic districts were built with
driveways and garages behind the homes (if they have them at all). She urged the City
Commission that if they approve this home to move the garage behind the house where
everyone else in the district has theirs located (if they have a garage).
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Tom O'Reily. 325 S.E. 7th Avenue. Delray Beach. stated he does not see
anything appalling about the elevations and feels this home should not be considered
under the new LDR.
Shannon Dawson. 527 North Swinton Avenue. Delray Beach. stated
Mr. Rosenbom has a huge lot (80 x 125) compared to most properties (50 x 100) in the
Del-Ida Park Historic District. She agrees that this is a little bit of a larger house but he
has larger property and there are constraints with these lots. She stated his first proposal
that was approved did have the garage to the rear and rooms moved to the front as
suggested by Mr. Adams. Mrs. Dawson stated Mr. Rosenbom has been working with
staff for a long time and feels it is now that he is being made to go back to where he
started. She stated under the new guidelines he probably will not be allowed to have a
second story and feels the second stories add a lot of charm to the districts. She made
reference to a home located at 306 North Swinton Avenue and noted that this would not
be allowed under the new LDR that are being proposed because it does have a second
story. Mrs. Dawson stated it is very confusing for applicants and feels these regulations
are affecting her quality of life.
Livia Landry. 701 North Swinton Avenue. Delrav Beach (her
property directly abuts the subiect property on the south side). stated she has worked
with Mr. Rosenbom on his project and came up with a few compromises. She stated
historic districts are not there to keep up with current trends but are there to preserve a
particular place in time (i.e. history). She stated current trends would allow projects that
typically would not be appropriate in the historic districts. She stated she is not
completely against this project and was surprised when she learned that Mr. Rosenbom
did put the garage in the front because there was nothing in the discussions she had with
him that indicated he was going to be moving the garage to the front. Mrs. Landry urged
the Commission to consider the recommendations of staff and Mr. Adams and allow her
neighbor to build his house.
Craie Valvo. 325 S.E. 7th Avenue. Delray Beach. owns a few properties
in the historic district, stated the currently proposed LDR are in some way being
considered against this project. He stated this should not be the case here. Mr. Valvo
stated under the currently proposed guidelines (the Special Design Consideration section)
it states that "parking should not be in the rear of the property." He stated in the
Appendix ofthe document in the district impact study it says that the "parking should not
be in the front of the house." Mr. Valvo stated the new LDR contradict each other and
does not feel these LDR should be imposed on Mr. Rosenbom and they are contradicting
specifically to this situation and noted for the record that the garage does not face the
front of the street so the impact on the street is minimized as opposed to a front facing
garage.
Carolyn Patton. 1020 Tamarind Road. Delray Beach (owns property
in the Marina Historic District). stated both the old LDR and the new LDR stress
compatibility in the neighborhood. She stated the proposals by Mr. Adams and the
Planning Department bring this property into compatibility with the neighborhood. She
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commented that the new LDR are giving better measuring sticks for that compatibility.
Having been a property owner in the historic district since it was first formed in the late
1980's, Mrs. Patton assured Mr. Miller that the property values in a historic district are
not determined by "bigger is better" but instead are determine by what is being done this
evening which is maintaining the integrity of the district itself. Mrs. Patton stated she
appreciates the fact that staff is working with this owner to try to bring compatibility to
the property.
There being no one else who wished to address the Commission regarding
the appeal of the Historic Preservation Board's (HPB) decision, the public hearing was
closed.
There was no cross-examination.
The following individuals gave a rebuttal:
Warren Adams stated his entire assessment was done with the existing
LDR and noted he did not take any account of the proposed new guidelines or Land
Development Regulations. He stated he looked as to how it fits with the existing
guidelines and emphasized that this is about compatibility and being comparable with the
historic area. Mr. Adams stated even if twenty-five percent (25%) is knocked off the
second floor, this will still be the second or third largest house in that district and noted
there is not one garage in Del-Ida Park Historic District where the entire garage is stuck
onto the front fayade of the building regardless what way the door faces.
David Rosenbom commented about the garages in the neighborhood and
displayed a picture of 721 North Swinton Avenue with the garage on the street. He stated
if the City wants him to put the garage in the back then he will place the garage in the
back and twenty-five percent (25%) less on the second story then he will do this.
The City Attorney stated that we are applying only the current LDR to this
appeal.
Mrs. Ellis stated this is a historic district and has been since the 1980's and
working with staff over the last year the staff has consistently been against Mr.
Rosenbom's proposed house because he has not followed their direction and has tried to
do other things. Mrs. Ellis stated that if Mr. Rosenbom had listened to what staff has
been saying all along for a year, the criteria that have not been met would have been met.
Mrs. Ellis stated she does not understand why the Historic Preservation Board would pass
this with a vote of 5 to 0 with six outstanding items they want to have met before it really
would be approved. Mrs. Ellis stated this is being turned around about what is necessary
in order to meet the requirements of the historic neighborhood. Mrs. Ellis stated the
Commission is not here to make a decision based upon how many times Mr. Rosenbom
has appeared before the Historic Preservation Board or appealed to this Commission.
However, it is about following the guidelines that are in place when the project was
initially proposed. She stated too many times these Boards are making these approvals
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with many conditions attached but in actuality they should really be turning down the
plan until they get a plan that does meet those conditions.
Mr. Levinson stated the intent has been to create the new guidelines that
would clarify the existing expectation of what we have and make it a little more specific.
He asked if this plan will meet the new guidelines. Mr. Dorling stated it would not meet
those guidelines that are being proposed. Mrs. Alvarez stated it did not meet the criteria
at that time; the criteria at that time were different than what is being currently proposed.
At that point, it met the three criteria and Mr. Rosenbom was advised of that at the
Historic Preservation Board (HPB) meeting.
Mrs. Montague stated there are six conditions that HPB has presented to
Mr. Rosenbom and there are two conditions that staff has presented (#7 - reducing the
massing of the second story as well as #3 moving the garage to the back). She stated Mr.
Rosenbom has made two conflicting statements this evening one being that it is a
problem for him to reduce the size and make the modifications and he also stated that he
would be willing to abide by those conditions. Mrs. Montague asked Mr. Rosenbom to
clarify his statements. Mr. Rosenbom stated he is willing to reduce (second story by
twenty-five percent (25%) and do what the Commission gives him direction to do.
Mr. Dorling emphasized that Mr. Adams talked about at least at a
minimum of twenty-five percent (25%) and talked about a range of twenty-five to fifty
percent (25-50%) on the second floor. However, there are other conditions that are listed
and were part of the HPB's decision and those would also be applied to, and we would
have to take a look at where he reduced the square footage, and how he laid out the
garage to make sure it was compatible. Mr. Dorling stated without seeing a plan, staff
cannot make this decision definitively.
Brief discussion continued between staff and the Commission.
Mr. Fetzer concurs with comments expressed by Commissioner Ellis. He
stated there are many conditions and feels it is very much a compatibility issue and to add
two conditions back in that were originally eliminated still will not guarantee that the
project can be approved.
Mayor Perlman inquired about Mr. Adams' comments about the
architecture. Mr. Adams stated having the garage stuck onto the front fayade is not
consistent with the overall historic architecture. Mr. Adams stated the new guidelines do
allow a partial second story.
Mr. Dorling stated the new design guidelines require the second story to
be within one-half story of the surrounding properties that would allow a partial second
story and would not allow a one-hundred percent (100%) second story above the ground
floor square footage.
Mayor Perlman stated he would like to see Mr. Rosenbom move into the
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community and live in a nice home that is compatible to the historic district. He stated he
does not agree with the notion that we have to live in 4,000-5,000 square foot homes in
the historic districts because there plenty of other neighborhoods other than the historic
district that are appropriate. Mayor Perlman stated he appreciates everything Mr.
Rosenbom has been through during the last year; however, the responsibility of the
Commission is for generations and to protect a neighborhood and in some cases reclaim a
neighborhood. Mayor Perlman stated there seems to be a breakdown in the process and
suggested that when a homeowner comes into the City that they bring an architect with
them and would like to see staff give clearer direction to the applicants. Mayor Perlman
stated this should be going to the HPB with more input and direction from staff instead of
it being a guessing game and a frustrating experience.
Brief discussion by the Commission continued.
Mr. Levinson expressed concern that five members of the HPB supported
this. He stated staff must provide specific direction (i.e. the new guidelines) to the
applicants so they know what to move forward.
Mrs. Ellis stated we should give Mr. Rosenbom the opportunity to meet
the criteria that was established by staff and the Historic Preservation Board as items that
need to be addressed.
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 appeal and adopting the Board Order
(which overturns the HPB's approval), seconded by Mr. Fetzer. Upon roll call the
Commission voted as follows: Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - No;
Mrs. Montague - No; Mayor Perlman - Yes. Said motion passed with a 3 to 2 vote,
Commissioner Montague and Commissioner Levinson dissenting.
At this point, the City Manager stated he is very concerned about the idea
that you have to gentrify the historic districts in order to save them because he feels this
will ultimately destroy the districts (5% of the entire city). He stated there are plenty of
places to build big houses and in his opinion the historic districts are not the place to do
it. The City Manager stated once the City has clear regulations in place and it is evident
that there is a commitment to keep the districts, and then people who like historic districts
will invest there. He stated people who like historic districts are reluctant and are
concerned that they are going to be forced out and people who do not like historic
districts are reluctant because they do not think they can get approved for the kind of
house they want to build.
Brief discussion between Mr. Levinson and the City Manager continued.
At this point, the time being 7:34 p.m., the Commission moved to the duly
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advertised Public Hearings portion of the Agenda.
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10. PUBLIC HEARINGS:
10.A. ORDINANCE NO. 59-06: Privately sponsored Future Land Use Map
amendment (small-scale) from CF (Community Facilities) to LD (Low Density
Residential 0-5 du/ac) for a 9.00 acre portion of the Christ the King Monastery of St.
Clare and rezoning from CF (Community Facilities) to R-l-AA (Single Family
Residential). (Quasi-Judicial Hearing)
The caption of Ordinance No. 59-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING THE FUTURE LAND USE MAP
DESIGNATION AS CONTAINED IN THE
COMPREHENSIVE PLAN FROM CF (COMMUNITY
FACILITIES); TO LD (LOW DENSITY RESIDENTIAL
0-5 DU/AC); ELECTING TO PROCEED UNDER THE
SINGLE HEARING ADOPTION PROCESS FOR
SMALL SCALE LAND USE PLAN AMENDMENTS;
AND REZONING AND PLACING LAND PRESENTLY
ZONED CF (COMMUNITY FACILITIES); TO R-l-AA
(SINGLE FAMILY RESIDENTIAL) DISTRICT; SAID
LAND BEING A PARCEL OF LAND LOCATED 125
FEET SOUTH OF SHERWOOD BOULEVARD,
APPROXIMATELY 650 FEET EAST OF MILITARY
TRAIL, AS MORE P ARTICULARL Y DESCRIBED
HEREIN; AMENDING "ZONING MAP OF DELRA Y
BEACH, FLORIDA, MARCH 2006"; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 59-06 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.
The City Attorney stated this ordinance has been advertised for a public
hearing and quasi-judicial proceeding at this time. She made reference to Section 6 of the
ordinance that was at first reading. The City Attorney stated the previous ordinance
conditioned of lots 1-6 being a large lot whereas this ordinance has 12,500 square feet
lots for lots 1-6, and lots 24 & 29; and, then there can be no more than 21 lots and each
lot must meet the minimum requirements ofR-l-AA zoning district.
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12/05/06
Mayor Perlman recommended accepting the revised ordinance.
The City Attorney made reference to Exhibit "A".
Mr. Levinson moved to approve amended Ordinance No. 59-06 which
includes Exhibit "A" as a First Reading, 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.
10.B. ORDINANCE NO. 33-06 (SECOND READING/SECOND PUBLIC
HEARING): City initiated amendments to the Land Development Regulations (LDR)
establishing a new mixed-use zoning district Section 4.4.29 "MROC (Mixed Residential,
Office and Commercial) District", establishing minimum development standards through
modification of Section 4.3.4(K) "Development Standards Matrix"; and modification of
Section 4.6.9(C)(8)(a) "Shared Parking", which will allow the shared parking option for
the new zoning district. 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. 33-06 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 SUBSECTION 4.3.4(K),
"DEVELOPMENT STANDARDS MATRIX";
ENACTING SECTION 4.4.29, "MIXED
RESIDENTIAL, OFFICE AND COMMERCIAL
(MROC) DISTRICT"; AND AMENDING
SUBSECTION 4.6.9(C)(8)(a), "SHARED PARKING",
TO ESTABLISH A NEW MIXED USE ZONING
DISTRICT; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 33-06 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.
The City Attorney stated the effective date has been changed to when the
Comprehensive Plan regarding this has been approved.
Paul Dorling, Director of Planning and Zoning, stated this is to create a
new zoning district called MROC (Mixed Residential Office and Commercial) which
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12/05/06
encourages mixed-use, identifies permitted, conditional, accessory and supplementary
uses allowed. He stated generally it is to attract Class A office development through the
Congress Avenue corridor extending from 1-95 to Congress Avenue from the City Limits
to Atlantic A venue and including the Congress Park and Congress Park South as well as
the Office Depot pieces south of Old Germantown Road. Mr. Dorling stated it will
encourage Class A office and allow it up to a maximum of one-hundred percent (100%)
and will also allow general retail uses up to twenty percent (20%) and a maximum
density of forty (40) units per acre and fifty (50) units per acre within 2,500 feet of the
Tri-Rail station. It would also allow workforce housing.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 33-06,
the public hearing was closed.
Prior to the vote, Mr. Levinson commented about the schedule from the
County.
Mrs. Ellis moved to adopt Ordinance No. 33-06 on Second and FINAL
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.
10.C. ORDINANCE NO. 71-06: Privately initiated rezoning from I (Industrial)
to MIC (Mixed Industrial and Commercial) for an 8.8 acres property located along Depot
Road, north of the Old Train Station, between the CSX Railroad and 1-95. (Quasi-
Judicial Hearing) This ordinance to be continued to a date certain of January 16,
2007.
The caption of Ordinance No. 71-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
REZONING AND PLACING LAND PRESENTLY
ZONED I (INDUSTRIAL) DISTRICT TO MIC (MIXED
INDUSTRIAL AND COMMERCIAL) DISTRICT; SAID
LAND BEING A PARCEL LOCATED NORTH OF THE
OLD TRAIN STATION, BETWEEN THE CSX
RAILROAD AND 1-95, AS MORE PARTICULARLY
DESCRffiED HEREIN; AMENDING "ZONING MAP OF
DELRA Y BEACH, FLORIDA, MARCH 2006";
PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 71-06 is on file in the City Clerk's
office.)
The City Attorney stated Ordinance No. 71-06 concerns a privately
initiated rezoning from Industrial to MIC (Mixed Industrial and Commercial) for 8.8
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12/05/06
acres of property along Depot Road north of the Old Train Station between the CSX
Railroad and 1-95. She suggested that the Commission make a motion to continue to a
date certain of January 16, 2007 and there will be a public hearing and a quasi-judicial
hearing.
Paul Dorling, Director of Planning and Zoning, stated this is part of the
Comprehensive Plan Amendment 2006-1 and it is being postponed to correspond with
the adopting of the related land use amendment as is Item 1O.D.
Mrs. Ellis moved to continue Ordinance No. 71-06 to a date certain of
January 16, 2007, 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.D. ORDINANCE NO. 70-06: City initiated annexation and rezoning from
County AR (Agricultural Residential) to City RM-8 (Residential Medium Density 5-8
du/ac) for a 3.18 acres parcel located on the south side of 133rd Road South, 640' west of
Barwick Road approximately 1,400 feet north of Lake Ida Road. (Quasi-Judicial
Hearing) This ordinance to be continued to a date certain of January 16, 2007.
The caption of Ordinance No. 70-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
ANNEXING TO THE CITY OF DELRAY BEACH, A
PARCEL OF LAND LOCATED ON THE SOUTH
SIDE OF 133RD ROAD, 640 FEET WEST OF
BARWICK ROAD, AND APPROXIMATELY 1,400
FEET NORTH OF LAKE IDA ROAD, AS THE SAME
IS MORE PARTICULARLY DESCRIBED HEREIN,
WHICH LAND IS CONTIGUOUS TO THE
EXISTING MUNICIPAL LIMITS; REDEFINING THE
BOUNDARIES OF THE CITY TO INCLUDE SAID
LAND; PROVIDING FOR THE RIGHTS AND
OBLIGATIONS OF SAID LAND; PROVIDING FOR
THE ZONING THEREOF TO RM-8 (MEDIUM
DENSITY RESIDENTIAL - 8 UNITS PER ACRE);
PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE
(The official copy of Ordinance No. 70-06 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.
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12/05/06
The City Attorney stated this is City initiated annexation and rezoning
from County AR (Agricultural Residential) to City RM-8 (Residential Medium Density
5-8 du/ac) for a 3.18 acre parcel ofland located on the south side of 133rd Road South,
640 feet west of Barwick Road approximately 1,400 feet north of Lake Ida Road.
Mr. Fetzer moved to continue Ordinance No. 70-06 to January 16, 2007,
seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mrs.
Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr.
Levinson - Yes. Said motion passed with a 5 to 0 vote.
10.E. ORDINANCE NO. 72-06: An ordinance amending Chapter 100,
"Nuisances" of the Code of Ordinances by enacting a new Section 100.10, "Individually
Designated Historic Structures and Structures in Historic Districts," to prohibit neglect of
Individually Designated Historic Structures and Structures in Historic Districts and to
provide enforcement to help prevent deterioration of the same. 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. 72-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING CHAPTER 100, "NUISANCES", OF
THE CODE OF ORDINANCES OF THE CITY OF
DELRA Y BEACH BY ENACTING A NEW SECTION
100.10, "INDIVIDUALLY DESIGNATED HISTORIC
STRUCTURES AND STRUCTURES IN HISTORIC
DISTRICTS", TO PROHIBIT NEGLECT OF SAME
AND PROVIDE A METHOD FOR ENFORCEMENT
TO HELP PREVENT DETERIORATION OF SAME;
PROVIDING A SAVINGS CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 72-06 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.
Mayor Perlman declared the public hearing open. There being no one
from the pubic who wished to address the Commission regarding Ordinance No. 72-06,
the public hearing was closed.
Mr. Fetzer moved to adopt Ordinance No. 72-06 on Second and FINAL
Reading, seconded by Mrs. Montague. Upon roll call the Commission voted as follows:
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12/05/06
Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs.
Montague - Yes. Said motion passed with a 5 to 0 vote.
10.F. ORDINANCE NO. 74-06: City initiated amendment to the Land
Development Regulations (LDR) Chapter 8, "Special Implementation Programs" by
enacting a new Section 8.6 "Proportionate Fair-Share Program". Adoption of this
Ordinance is required by State Law. 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. 74-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, RELATING TO THE
CONCURRENCY MANAGEMENT SYSTEM BY
ENACTING SECTION 8.6 "PROPORTIONATE FAIR-
SHARE PROGRAM"; AND PROVIDING A GENERAL
REPEALER CLAUSE, A SAVINGS CLAUSE AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 74-06 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 amendments to the
growth management legislation were approved in 2005 which directed local governments
to enact concurrency management ordinances of this type by December 1, 2006. He
stated this basically allows developers to satisfy traffic concurrency requirements through
a proportionate share of mitigation if facilities are either identified for funding in the five
(5) year CIP or other long-term concurrency management systems, or if such facilities are
reflected in the next update ofthe CIP.
At its meeting of November 6,2006, the ordinance was considered by the
Planning and Zoning Board. The Board discussed the proposed ordinance and
recommended approval with a 7 to 0 vote.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 74-06,
the public hearing was closed.
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12/05/06
Mrs. Montague moved to adopt Ordinance No. 74-06, seconded by Mr.
Fetzer. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mr. Fetzer -
Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes. Said motion
passed with a 5 to 0 vote.
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10.G. ORDINANCE NO. 73-06: An ordinance amending Chapter 59,
"Reclaimed Water", ofthe Code of Ordinances by amending Section 59.09, "Fees, Rates
and Charges", to adjust the wholesale customer rate. 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. 73-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING CHAPTER 59, "RECLAIMED WATER",
OF THE CODE OF ORDINANCES OF THE CITY OF
DELRA Y BEACH, BY AMENDING SECTION 59.09,
"FEES, RATES AND CHARGES", TO ADJUST THE
WHOLESALE CUSTOMER RATE; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 73-06 is on file in the City Clerk's
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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.
Mayor Perlman declared the public hearing open. There being no one
who wished to address the Commission regarding Ordinance No. 73-06, the public
hearing was closed.
Mrs. Ellis moved to adopt Ordinance No. 73-06 on Second and FINAL
Reading, 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.
to.H. ORDINANCE NO. 75-06: An ordinance amending Chapter 35,
"Employee Policies and Benefits", of the Code of Ordinances by amending Subsection
35.097(M), "Early Retirement Incentive", to provide for changed eligibility timing. 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.
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12/05/06
The caption of Ordinance No. 75-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING SECTION 35.097, "RETIREMENT
INCOME; BASIS, AMOUNT, AND PAYMENT", BY
AMENDING SUBSECTION 35.097(M), "EARLY
RETIREMENT INCENTIVE", TO PROVIDE FOR
CHANGED ELIGmILITY TIMING, PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING
CLAUSE AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 75-06 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.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 75-06,
the public hearing was closed.
Mrs. Montague moved to adopt Ordinance No. 75-06 on Second and
FINAL Reading, seconded by Mrs. Ellis. Upon roll call the Commission voted as
follows: Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis -
Yes; Mr. Fetzer - Yes. Said motion passed with a 5 to 0 vote.
10.1. ORDINANCE NO. 65-06: An ordinance amending Ordinance No. 34-06
of the Code of Ordinances by amending Section 37.45, "Supplemental Code Enforcement
Procedures", Subsection (Q), "Civil Penalties", by removing the reference to Section
98.09, "Litter In Parks", amending the penalty amount for dogs on the beach and
skateboarding and adding a new penalty for "Vehic1es On The Beach" and "Garbage,
Sewage, and Other Waste Materials".
The caption of Ordinance No. 65-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING ORDINANCE NO. 34-06 BY
AMENDING SECTION 37.45, "SUPPLEMENTAL
CODE ENFORCEMENT PROCEDURES",
SUBSECTION (Q), "CIVIL PENALTIES", BY
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12/05/06
REMOVING THE REFERENCE TO SECTION 98.09,
"LITTER IN PARKS", AMENDING THE PENALTY
AMOUNT FOR DOGS ON THE BEACH AND
SKATEBOARDING AND ADDING A NEW
PENALTY FOR "VEHICLES ON THE BEACH" AND
"GARBAGE, SEWAGE, AND OTHER WASTE
MATERIALS"; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE AND AN
EFFECTIVE DATE.
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(The official copy of Ordinance No. 65-06 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.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 65-06,
the public hearing was closed.
Mr. Fetzer moved to approve Ordinance No. 65-06 on Second and FINAL
Reading, 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.
10.J. ORDINANCE NO. 66-06: An ordinance repealing Section 98.09, "Litter
In Parks" and amending Chapter 101, "Parks, Beaches and Recreation, General
Provisions", of the Code of Ordinances by amending Section 101.17, "Garbage, Sewage,
and Other Waste Materials", to read "Garbage, Trash, Litter, Sewage, and Other Waste
Materials", by amending Subsection 101.17(a), to strengthen prohibitions on littering on
the municipal beach, recreational facilities and public parks; and by enacting a new
Subsection 101.36, "Additional Rules Applying to City Parks, Recreation Facilities and
the Municipal Beach", to provide for additional rules which includes a prohibition on
smoking in certain areas of the beach that can be enforced by issuing civil citations in
addition to other remedies.
The caption of Ordinance No. 66-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
REPEALING SECTION 98.09, "LITTER IN PARKS"
AND AMENDING CHAPTER 101, "PARKS, BEACHES
AND RECREATION, GENERAL PROVISIONS", BY
AMENDING SECTION 101.17, "GARBAGE, SEWAGE,
AND OTHER WASTE MATERIALS", TO READ
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12/05/06
"GARBAGE, TRASH, LITTER, SEWAGE, AND OTHER
WASTE MATERIALS", BY AMENDING SUBSECTION
101. 17(A), TO STRENGTHEN PROHIBITIONS ON
LITTERING ON THE MUNICIPAL BEACH,
RECREATIONAL FACILITIES AND PUBLIC PARKS,
AND BY ENACTING A NEW SUBSECTION 101.36,
"ADDITIONAL RULES APPLYING TO CITY PARKS,
RECREATION FACILITIES AND THE MUNICIPAL
BEACH", TO PROVIDE FOR ADDITIONAL RULES
WHICH INCLUDES A PROHIBITION ON SMOKING
IN CERTAIN AREAS OF THE BEACH, THAT CAN BE
ENFORCED BY ISSUING CIVIL CITATIONS IN
ADDITION TO OTHER REMEDIES, PROVIDING A
GENERAL REPEALER CLAUSE, A SAVINGS
CLAUSE AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 66-06 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.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 66-06,
the public hearing was closed.
Mrs. Ellis moved to adopt Ordinance No. 66-06 on Second and FINAL
Reading, seconded by Mrs. Montague. Upon roll call the Commission voted as follows:
Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs.
Montague - Yes. Said motion passed with a 5 to 0 vote.
10.K. ORDINANCE NO. 76-06 (FIRST READING/FIRST PUBLIC
HEARING): City initiated amendments to the Land Development Regulations enacting
Section 4.3.3(DDD), "Day and Night Treatment with Community Housing" to provide
for regulation of these new housing arrangements defined in the Florida Administrative
Code, that provide housing only to individuals who are substance abuse impaired or in
recovery; adding "Day and Night Treatment with Community Housing" as a Conditional
Use within the General Commercial (GC), Central Business District (CBD), Professional
and Office District (POD), Residential Office (RO), Community Facilities (CF) and Old
School Square Historic Arts District (OS SHAD) zoning districts; amending Appendix
"A", "Definitions", to provide a definition for "Day and Night Treatment with
Community Housing". Ifpassed, a public hearing will be scheduled for January 2,2007.
(Postponed to date certain of December 12, 2006)
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12/05/06
The caption of Ordinance No. 76-06 is as follows:
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AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH,
BY AMENDING SECTION 4.3.3, "SPECIAL
REQUIREMENTS FOR SPECIFIC USES", BY
ENACTING SECTION 4.3.3(DDD), "DAY AND NIGHT
TREATMENT WITH COMMUNITY HOUSING", TO
PROVIDE LOCAL REGULATIONS GOVERNING DAY
AND NIGHT TREATMENT WITH COMMUNITY
HOUSING; AMENDING SECTIONS 4.4.6, "MEDIUM
DENSITY RESIDENTIAL (RM) DISTRICT"; 4.4.9
"GENERAL COMMERCIAL (GC) DISTRICT", 4.4.13,
"CENTRAL BUSINESS (CBD) DISTRICT," 4.4.16,
"PROFESSIONAL AND OFFICE (POD) DISTRICT,"
4.4.17, "RESIDENTIAL OFFICE (RO) DISTRICT",
4.4.21, "COMMUNITY FACILITIES (CF) DISTRICT,"
AND 4.4.24, "OLD SCHOOL SQUARE HISTORIC
ARTS DISTRICT (OS SHAD)", TO ADD "DAY AND
NIGHT TREATMENT WITH COMMUNITY HOUSING"
AS CONDITIONAL USES AND STRUCTURES
ALLOWED; AMENDING APPENDIX "A", "TERM
AND DEFINITION," ADDING THE DEFINITION OF
"DAY AND NIGHT TREATMENT WITH
COMMUNITY HOUSING"; PROVIDING A SAVINGS
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 76-06 is on file in the City Clerk's
office. )
The City Attorney suggested that Ordinance No. 76-06 be postponed to a
date certain of December 12, 2006 for the First ReadinglFirst Public Hearing.
Mrs. Ellis moved to postpone Ordinance No. 76-06 to December 12, 2006
for a First ReadinglFirst Public Hearing, seconded by Mr. Fetzer. Upon roll call the
Commission voted as follows: Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes;
Mrs. Montague - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote.
10.L. ORDINANCE NO. 78-06 (FIRST READING/FIRST PUBLIC
HEARING): City initiated amendment to the Land Development Regulations repealing
Section 4.6.7, "Signs", in its entirety and enacting a new Section 4.6.7, "Signs", in order
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12/05/06
to provide a single, combined and updated sign code; and amending Appendix "A",
"Definitions", to provide updated definitions relating to signs. If passed, a public hearing
will be scheduled for January 2, 2007.
The caption of Ordinance No. 78-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH,
AMENDING CHAPTER FOUR, "ZONING
REGULATIONS", BY REPEALING SECTION 4.6.7,
"SIGNS", IN ITS ENTIRETY AND ENACTING A NEW
SECTION 4.6.7, "SIGNS", IN ORDER TO PROVIDE A
SINGLE, COMBINED AND UPDATED SIGN CODE;
AMENDING APPENDIX "A", "DEFINITIONS", TO
PROVIDE UPDATED DEFINITIONS RELATING TO
SIGNS; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
office. )
(The official copy of Ordinance No. 78-06 is on file in the City Clerk's
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 ofDelray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated recent case law
stated that the City could not regulate signage based upon sign content. The proposed
amendment is a complete rewrite of the sign code to eliminate any reference to
regulations pertaining to sign content. The code has also been rewritten to be more user-
friendly; additional language has been added to define "flags" and "noncommercial
signs" and definitions have been deleted for "ConstructionlDevelopment sign" and
Political sign".
At its meeting of November 20, 2006, the Planning and Zoning Board
considered this text amendment and recommended approval with a 4 to 0 vote
(Eliopoulos, McDuffie and Halberg absent). Staff recommends approval.
Mayor Perlman declared the public hearing open. There being no one
who wished to address the Commission regarding Ordinance No. 78-06, the public
hearing was closed.
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12/05/06
Mr. Fetzer moved to approve Ordinance No. 78-06 on First Reading/First
Public Hearing, 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.
10.M. ORDINANCE NO. 69-06 (FIRST READING/FIRST PUBLIC
HEARING): City initiated rezoning from GC (General Commercial) in part and AC
(Automotive Commercial) in part to CBD (Central Business District) for the North
Federal Highway Area and including 700 & 707 N.E. 6th Avenue (former O.c. Taylor
Dealership) with a combined total of 23.2 acres, located between N.E. 4th Street and
George Bush Boulevard and extending from the FEC Railroad to approximately Y2 block
east of N.E.6th Avenue. If passed, a public hearing will be scheduled for January 16,
2007.
The caption of Ordinance No. 69-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
REZONING AND PLACING LAND PRESENTLY
ZONED AC (AUTOMOTIVE COMMERCIAL)
DISTRICT IN PART AND GC (GENERAL
COMMERCIAL) DISTRICT IN PART TO CBD
(CENTRAL BUSINESS) DISTRICT; SAID LAND
BEING PARCELS OF LAND GENERALLY LOCATED
BETWEEN NE 4TH STREET AND GEORGE BUSH
BOULEVARD AND EXTENDING FROM THE FEC
RAILROAD TO APPROXIMATELY ~ BLOCK EAST
OF NE 6TH AVENUE, AS MORE PARTICULARLY
DESCRIBED HEREIN; AMENDING "ZONING MAP OF
DELRA Y BEACH, FLORIDA, MARCH 2006";
PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
office.)
(The official copy of Ordinance No. 69-06 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.
Paul Dorling, Director of Planning and Zoning, stated this proposed
rezoning was originally initiated by a private party (O.C. Taylor) and by the City of
Delray Beach. The applicant has withdrawn his request for the O.C. Taylor piece and
this is being continued as a City initiated amendment because staff feels given its location
and size that it is more appropriate to be part of this CBD (Central Business District)
extension. Mr. Dorling stated this was originally considered as the Comprehensive Plan
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12/05/06
Amendment 2006-1 which will be back before the City Commission in January for final
certification. The North Federal Highway Plan extends from 4th Street north to the City
limits and identifies this area as one that should be considered for expansion of the CBD
as it is more appropriate in its characteristics and more consistent with what is going on
to the south than what is going on to the north.
Mr. Dorling stated at its meeting of July 17, 2006, the Planning and
Zoning Board held a public hearing as part of the Comprehensive Plan 2006-1 transmittal
and recommended approval. He stated required findings are made in the staff report and
staff recommends approval of this ordinance.
Michael Weiner. Weiner & Aronson. P.A.. 102 North Swinton
Avenue. Delrav Beach, stated he is here on behalf of O.c. Taylor and noted that Mr.
Taylor would like to withdraw from this rezoning and will make their case at the quasi-
judicial hearing.
Jerry Becker. 426 N.E. 7th Avenue. Delrav Beach, stated he attended the
Planning and Zoning Board meeting and made comments at that meeting. He expressed
concern with the height of the buildings and what the regulations are, not particularly, on
the front facing Federal Highway but on the alleyway from behind.
Calvin Paris. 445 N.E. Federal Highwav (Federal Auto Plaza). Delrav
Beach, asked with this change, ifhe will be allowed to rebuild, following an Act of God,
even if the existing building is considered non-conforming. Mr. Dorling stated currently
the code now allows residential buildings that are non-conforming to be rebuilt within a
certain time period if damage is a result of a natural disaster. Mr. Dorling also stated the
revision this evening also extends to commercial properties. Mr. Paris also expressed
concern over the parcel of land known as 5th Street which runs eastward from Federal
Highway going north to a curb that he understands will be abandoned by the City and
shared with the owners on each side. He asked when this will take place. The City
Manager stated he is not aware of any plan to abandon any part of 5th Street.
Mrs. Ellis moved to approve Ordinance No. 69-06 on First Reading/First
Public Hearing, 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.
At this point, the Commission moved to Item 11, Comments and
Inquiries on Non-Agenda Items from the City Manager and the Public.
11.A.
City Manaeer's response to prior public comments and inquiries.
The City Manager had no comments or inquiries on non-agenda items.
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12/05/06
11.B. From the Public.
11.B.1. Matthew (Matt) Grabham. 350 S.E. 7th Avenue. Delray Beach. stated
he supports Historic Preservation. He referred to the City's guidelines ("Modify a
District") and stated there has to be a written justification of the special character of the
property that you want to add, and you have to change the definition of the period of
significance because it's expanded and is changing a district. In his opinion, Mr.
Grabham stated if a district is modified it should include some form of public
consultation and public support. He stated previously he sent the Commission the
National Historic Preservation Act, which establishes a simple majority and fifty-one
percent (51%) is needed of consent of owners in the district to become a district. He
stated he received an email from the Chief of the Bureau of Historic Preservation of the
Department of State who suggested that the City of Delray Beach conduct a survey of all
the properties if the period of significance is being changed.
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11.B.2. Alice Fins!. 707 Place Tavant. Delrav Beach. stated she was pleased
when approximately two years ago the Commission made a commitment to improve
Congress Avenue and the area of Military Trail known as the Four Corners. She stated
over the years there has been discussion over the Four Corners area indicating that this
area would have mixed use, office and housing, and other opportunities to make this area
more attractive. In November, she attended a meeting of the Site Plan Review and
Appearance Board (SPRAB) where a project northeast of the area known as the Four
Corners was presented. The presentation was to demolish the bank on the corner and
replace it with a Walgreen's. Mrs. Finst stated she does not know if the demolition of a
bank and a replacement with a Walgreen's meets the criteria for what the Commission
would like to do in the area. She is particularly concerned that there is no Vision Plan in
writing. Mrs. Finst requested that before anymore projects appear concerning the Four
Corners area that these projects are flagged and conversation be held with residents
through the Planning Department, along with other groups, that are working on
improvement of the area.
Mayor Perlman stated there is a report that was done by the FAU Design
Institute on their website. Also, this is part of the Goal Setting and what has not been
done is the Land Development Regulations (LDR) that support the Four Corners vision;
however, the vision is in writing.
11.B.3. Carol Gevirts. 1061 Oranee Terrace. #101. Delray Beach (Pines of
Delrav). commented about televising the City Commission Meetings and stated although
the Commission has made some effort for televising, it does not include these meetings.
She inquired whether this has been included in the budget or if this has been tabled for
another year.
The City Manager stated he will send MS.Gevirts a copy of the letter that
was sent to Mrs. Finst.
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12/05/06
11.B.4. Anthony Anderson. 400 S.W. 10th Street. Principal of Pine Grove
Elementary School. thanked the City of Delray Beach for their support they have given
him and his students. He asked for the presence of a few Police Officers in the morning
for the safety of the students because there has been speeding on S.W. 4th Avenue. In
addition, Mr. Anderson stated they share their facility and noted there is no security
system for the portables in the back of the school and they have had a few break-ins.
11.B.5. Charles (Chuck) Key. 321 S.E. 7th Avenue. Delray Beach. stated he
built his home when it was considered "Dull-ray" and feels the City has done a great job
revitalizing the downtown. He expressed concern over the guidelines regarding historic
districts and the Historic Board is trying to place these restrictions on him when he built
14 years ago. He feels comparing S.E. 7th Avenue to a historic district is ludicrous.
Mayor Perlman stated he would like to see an analysis of what it is the
Commission is allegedly taking away. The City Attorney stated next week will be the
First Reading, and the Public Hearing will be January 2,2007.
11.B.6. Tom O'Reily. 325 S.E. 7th Avenue. Delray Beach. asked that the
Commission take a clear analysis of the street and stated the guidelines are restrictive.
He stated his home is referred to constantly as a McMansion and commented that it
cannot be built again because it was built under the existing guidelines. Mr. O'Reily
stated the residents would like the opportunity to work, develop, build and be a part of
this community.
11.B.7. Steve Harsnett. 405 S.E. 7th Avenue. Delray Beach. stated the people
that have purchased homes in the Marina Historic District knew that they were
purchasing in a historic district at that time. He stated the Commission received a
petition that was circulated around the 300 block of the Marina Historic District a few
weeks ago and it is the block that has been developed with the 6,000 square foot homes
and is backed by the four-story Meridian Condominiums on Federal Highway. He stated
on the City's map of the Marina Historic District in the 300 block there are
approximately four properties out of the 18 on the City plat that are indicated as
contributing properties; two of these properties he believes are not historically significant
other than the fact that they are more than 50 years old, and in many ways they have been
changed and altered no longer containing any original character. Mr. Harsnett stated all
but three homeowners signed the petition and two of those three were out-of-state and
could not be reached. Mr. Harsnett stated it is clear that the homeowners in the 300 block
do not want to live in a historic district because of the changes that have been made. In
his opinion, Mr. Harsnett stated the 300 block of the Marina Historic District has zero
character of anything resembling a historic district and homeowners feel that the property
values are being repressed by some of the decisions that have been made.
11.B.8. Ellen Key. 321 S.E. 7th Avenue. Delray Beach (lives beside the home
located at 325). expressed concern that her property values are being devalued because
of what is being done and stated the guidelines are very restrictive.
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12/05/06
11.B.9. Craie Valvo. 325 S.E. 7th Avenue. Delray Beach. expressed concern
over what the proposed Land Development Regulations (LDR) will do to property rights
and to the values of properties. He stated there have been material changes to the
proposed historic guidelines.
11.B.10. Gree Mermieas. 405 S.E. 7th Avenue. Delray Beach. asked if public
input will be allowed at the City Commission meeting of December 12, 2006.
Mayor Perlman stated no public input will be allowed on December 12,
2006; however, public input will be allowed on January 2,2007.
11.B.11. Eric Price. 340 S.E. 7th Avenue. Delray Beach (south end of the
Marina Historic District). encouraged the Commission to come to 7th Avenue and look
at all the homes on the 300 block of S.E. 7th Avenue. He stated his home was built in
1958 and is considered a contributing structure and has not been given any criteria to
prove that it is historic; someone has designated it historic during these recommendations
that were done by REG Architects. Mr. Price suggested that everyone look further into
these new historic guidelines because there are restrictions on what homeowners can do
now. He stated most of the homes that have been redeveloped across from him were
done within the last ten years and he cannot do anything like these homes have done. Mr.
Price stated he fully supports historic preservation and suggested that the historic fabric
of each district be surveyed and not look at old information from 1987.
At this point, the time being 8:39 p.m., the Commission moved back to
Item 9.B. of the Regular Agenda.
9.B. BONUS PAYMENT TO JCD SPORTS GROUP. INC: Consider
approval ofFY 2005 - 2006 bonus payment to JCD Sports Group for both golf operations
in the amount of $11,725.50 and for the Tennis Center operations in the amount of
$5,602.50. Funding is available from 445-4711-572-34.90 (Delray Beach Municipal
Golf Course Fund/Other Professional Services), 446-4711-572-34.90 (Lakeview Golf
Course/Other Professional Services), 001-4215-575-34.90 (General Fund/Tennis
Operations/Tennis Center/Other Contractual Services) and 001-4210-575-34.90 (General
Fund/Tennis Operations/ Stadium).
Robert A. Barcinski, Assistant City Manager, stated staff is requesting the
Commission to approve the bonus payment to JCD Sports Group, Inc. for Fiscal Year
2005-2006 for each of the golf courses and the tennis facility. Per the contract, a
maximum of fifteen percent (15%) may be paid in bonuses under each contract for each
facility which will be $18,300.00 for the Municipal Golf Course; $3,750.00 for Lakeview
Golf Course; $6,750.00 for the Tennis Center.
Mr. Barcinski stated staff is recommending a bonus of $9,625.00 for the
Municipal Golf Course, $1,380.00 for Lakeview Golf Course, and $5,184.00 for the
Tennis Center.
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12/05/06
Mrs. Ellis moved to approve the bonus payment to JCD Sports Group, Inc.
for the Fiscal Year 2005-2006 as per staff recommendation, 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.
9.C. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA.
9.E. FLORIDA INLAND NAVIGATIONAL DISTRICT (F.I.N.D) PARK
NAMING: Provide direction regarding naming the Florida Inland Navigational District
(F.I.N.D.) Intracoastal Park.
Mayor Perlman stated the group strongly favors the name "Mangrove
Park".
Mrs. Ellis moved to approve the name of Mangrove Park, seconded by
Mrs. Montague. Upon roll call the Commission voted as follows: Mayor Perlman - Yes;
Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes. Said
motion passed with a 5 to 0 vote.
9.F. LEGISLATIVE AGENDA: Provide direction regarding local legislative
issues for 2007.
The City Manager briefly outlined the Legislative issues for 2007. He
suggested on property tax reform that the Commission consider having someone make a
presentation at one of the hearings about it. Mr. Levinson stated the County has already
agreed to portability.
Mr. Levinson expressed concern over the affordable housing, and stated
the real issue with the Sadowski Act is the cap. He stated he would like to see staff add
that we recommend the removal of the cap. Mr. Levinson suggested adding funding
needs (i.e. parks, other funding programs, reuse water, Old School Square, the downtown
park) at this time.
Mrs. Montague asked if the list is prioritized. In response, the City
Manager stated the list is not prioritized.
Mayor Perlman asked if the City is going to pursue the FEC remedy
legislatively, as well. The City Attorney stated the City is going to pursue. Mayor
Perlman stated he hopes the League of Cities would get behind the Truth in Budgeting
Policy where the burden that has been shifted from the states onto the localities tells the
other part of the story regarding property taxes. Mayor Perlman commented about what
the states responsibility used to be versus what it is today. He stated someone has to pay
for schools, teachers, principals and there are many other examples in which the cost shift
has been shifted to the municipalities. The state goes around saying that they have cut
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12/05/06
taxes and the cities are spending carelessly and the cities have no one to pass this on to
and these are still needs of communities. Mayor Perlman stated there is a passion among
City Elected Officials to have a truer picture of what has happened in terms of cost
shifting.
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Mayor Perlman stated he would like to see the City get their projects to
Kathy Daley as soon as possible.
The COl1].1llission provided direction to staff regarding the Legislative
Issues for 2007.
9.G. APPOINTMENT OF COMMUNITY REDEVELOPMENT
AGENCY (CRA) CHAIRMANNICE-CHAIRMAN: Appoint a Chairman and Vice-
Chairman to the Community Redevelopment Agency Board.
Mayor Perlman declared a conflict of interest and passed the gavel to Vice
Mayor Ellis and stepped down from the dais.
Mrs. Montague moved to appoint Frank Wheat as Chairman of the
Community Redevelopment Agency (CRA), seconded by Mr. Fetzer. Upon roll call the
Commission voted as follows: Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes;
Mrs. Montague - Yes. Said motion passed with a 4 to 0 vote.
Mrs. Montague moved to appoint Howard Lewis as Vice Chairman to the
Community Redevelopment Agency (CRA), seconded by Mr. Fetzer. 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.
At this point, the time 8:52 p.m., the Commission moved to Item 12, First
Readings.
12.
FIRST READINGS:
12.A. ORDINANCE NO. 79-06: Privately initiated reZOnIng from GC
(General Commercial) to AC (Automotive Commercial) for a 6.28 acre property
(formerly the Ralph Buick Dealership), located at the northeast corner of South Federal
Highway and Fladell's Way. Ifpassed, a public hearing will be scheduled for January 2,
2007.
The caption of Ordinance No. 79-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
REZONING AND PLACING LAND PRESENTLY
ZONED GENERAL COMMERCIAL (GC) DISTRICT
TO AUTOMOTIVE COMMERCIAL (AC) DISTRICT;
SAID LAND BEING A PARCEL LOCATED AT THE
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12/05/06
NORTHEAST CORNER OF SOUTH FEDERAL
HIGHWAY (U.S. HIGHWAY NO.1) AND
FLADELL'S WAY (AVENUE "F"), AS MORE
PARTICULARLY DESCRIBED HEREIN;
AMENDING "ZONING MAP OF DELRA Y BEACH,
FLORIDA, "MARCH 2006" PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 79-06 is on file in the City Clerk's
office. )
The City Attorney read the caption ofthe ordinance.
Paul Dorling, Director of Planning and Zoning, stated in 2005 a rezoning
request was submitted by New Century Development Group for rezoning of the property
from AC (Automotive Commercial) to GC (General Commercial) to accommodate a
mixed-use development consisting of 13,781 square feet of retail floor area, 13,900
square feet of office floor area, 16 condominium dwelling units, and 59 townhouse
dwelling units. At its meeting of January 3, 2006, the City Commission approved the
rezoning of the property from AC to GC. At its meeting of April 24, 2006, the Site Plan
Review and Appearance Board (SPRAB) approved the Class V site plan to establish the
Royal Palm Club Project.
At its meeting of November 20, 2006, the Planning and Zoning Board held
a public hearing in conjunction with the AC rezoning request. There were two people
from the public who spoke in support of the rezoning. Staff recommends approval.
Mr. Levinson moved to approve Ordinance No. 79-06 on FIRST Reading,
seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr.
Levinson - Yes; Mrs. Montague - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes. Said motion
passed with a 4 to 0 vote.
n.B. ORDINANCE NO. SO-06: Amendment to the Land Development
Regulations (LDR) Section 2.4.5 "Procedures for Obtaining Development Approvals"
and Section 2.4.3(K) "Fees" to create an application process for in-lieu of parking and
public parking fee requests. If passed, a public hearing will be scheduled for January 2,
2007.
The caption of Ordinance No. 80-06 is as follows.
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF CODE OF ORDINANCES, BY
AMENDING SECTION 2.4.3(K), "FEES", SUBSECTION
2.4.3(K)(I), "DEVELOPMENT APPLICATIONS";
AMENDING SECTION 2.4.5, "PROCEDURES FOR
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12/05/06
OBTAINING DEVELOPMENT APPROVALS", BY
CREATING SUBSECTION 2.4.5(0), "IN LIEU OF
PARKING AND PUBLIC PARKING FEE REQUEST;
BY CREATING A PROCESS FOR THE REVIEW AND
APPROVAL OF IN LIEU OF AND PUBLIC PARKING
FEE REQUESTS; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
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(The official copy of Ordinance No. 80-06 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance.
Paul Dorling, Director of Planning and Zoning, stated this is actually an
amendment that is being proposed by staff to be more applicant friendly. Currently, a
Class II site plan modification requires submission of a survey of the property, site plan,
landscape plan, engineering plans and a fee which starts at $525.00 (Class III - $525.00;
Class IV - $870.00; Class V - $1,155.00). The proposed fee for the processing of this
application is established at $210.00 which is similar to that of a Class II site plan
modification requiring Board review. If the in-lieu of parking or public parking fee
request is approved, the $210.00 fee will be credited towards the required fee for the
related site plan modification that would follow.
Mr. Levinson moved to approve Ordinance No. 80-06 on FIRST Reading,
seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mrs.
Montague - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes. Said motion
passed with a 4 to 0 vote.
n.e. ORDINANCE NO. 81-06: City initiated amendment to the Land
Development Regulations (LDR) amending Section 1.3.8, "Reconstruction Necessitated
by An Act of God", to add provisions for the reconstruction of lawful nonconforming
commercial structures damaged or destroyed by an Act of God. If passed, a public
hearing will be scheduled for January 2, 2007.
The caption of Ordinance No. 81-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING SECTION 1.3.8, "RECONSTRUCTION
NECESSITATED BY AN ACT OF GOD" OF THE
LAND DEVELOPMENT REGULATIONS BY
AMENDING SUBSECTION 1.3.8 (A) TO PROVIDE
FOR RECONSTRUCTION OF LAWFUL NON-
CONFORMING COMMERCIAL AS WELL AS
RESIDENTIAL STRUCTURES AND PROVIDING FOR
DEFINITION OF COMMERCIAL STRUCTURE,
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12/05/06
PROVIDING FOR RELETTERING AND
RENUMBERING; PROVIDING A SAVINGS CLAUSE,
A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 81-06 is on file in the City Clerk's
office. )
Mayor Perlman returned to the dais.
The City Attorney read the caption of the ordinance.
Paul Dorling, Director of Planning and Zoning, stated the purpose of this
City-initiated LDR text amendment is to expand the provisions in the LDR's for the
reconstruction of nonconforming structures damaged or destroyed by an Act of God to be
applied to commercial structures, as well as, residential properties.
At its meeting of November 20, 2006, the text amendment was considered
by the Planning and Zoning Board and one member of the public spoke in support of the
proposal. Mr. Dorling stated the ordinance states that if there is an Act of God one can
submit for building permits to rebuild the non-conformity within one year of the Act of
God and the construction would have to be completed within three years.
Mrs. Montague moved to approve Ordinance No. 81-06 on FIRST
Reading, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows:
Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs.
Montague - Yes. Said motion passed with a 5 to 0 vote.
12.D. ORDINANCE NO. 82-06: City initiated amendment to the Land
Development Regulations (LDR) amending Section 4.3.3(1), "Community Residential
Homes and Group Homes" to provide that a Type 1 group home shall not be located
within 1,000 feet of another Type 1 group home or a community residential home. If
passed, a public hearing will be scheduled for January 2,2007.
The caption of Ordinance No. 82-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING SECTION 4.3.3(1), "COMMUNITY
RESIDENTIAL HOMES AND GROUP HOMES", OF
THE LAND DEVELOPMENT REGULATIONS OF
THE CITY OF DELRA Y BEACH, FLORIDA, BY
PROVIDING THAT GROUP HOMES, TYPE 1
SHALL NOT BE LOCATED WITHIN A RADIUS OF
1,000 FEET OF COMMUNITY RESIDENTIAL
HOMES AND CHANGING ALL REFERENCES OF
OCCUPATIONAL LICENSE TO BUSINESS TAX
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12/05/06
RECEIPTS IN ORDER TO COMPORT WITH
RECENT CHANGES IN STATE LAW; PROVIDING
A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
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(The official copy of Ordinance No. 82-06 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance.
Paul Dorling, Director of Planning and Zoning, stated the proposed
amendment is required to bring the section dealing with Community Residential Homes
into compliance with changes in the Florida Statutes.
At its meeting of November 20, 2006, the Planning and Zoning Board
considered the text amendment and no one from the public spoke. The Board discussed
the Ordinance and recommended approval with a 4 to 0 vote (Eliopoulos, McDuffie and
Halberg absent). Staff recommends approval.
Prior to the vote, Mr. Levinson asked if there are currently any non-
conforming facilities. The City Attorney will look into this before the second reading of
this ordinance.
Mrs. Ellis moved to approve Ordinance No. 82-06 on FIRST Reading,
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.
13.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
B.A.
City Manager
With regard to Mr. Levinson's comment regarding the Rosenbom house,
the City Manager stated while the Historic Preservation Planner cannot tell an applicant
what the Historic Preservation Board might approve she could tell them what staff would
support in an effort to give an applicant more guidance.
Paul Dorling, Director of Planning and Zoning, stated when an applicant
comes in and wants to build a 5,000 square foot house and staffknows that something in
the range of 2,500 is going to be more acceptable and we tell him to reduce it
significantly that particular applicant does not usually take them seriously and will
consequently take his chances before the Historic Preservation Board and will go back
again and again and eventually get to where staff advised him to be. Mr. Dorling stated
the new Design Guidelines introduce a survey area so staff will be able to take an
applicant's request and be more definitive and tell the applicant what is going to be
compatible.
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13.B. City Attorney
The City Attorney had no comments or inquiries on non-agenda items.
13.C.
13.C.1.
City Commission
Mr. Fetzer
Mr. Fetzer stated the City of Delray Beach participated with the Forgotten
Soldiers Organization for Project Holiday where food and hygiene items were packed for
troops overseas. He read into the record an email from one of the soldiers in Iraq who is
the son of Delray Beach Police Officer Greg Wesner.
13.C.2.
Mrs. Ellis
Mrs. Ellis commented about the Tree Lighting Ceremony on Thursday,
November 30th and stated the turnout was phenomenal.
Secondly, she commented about the Safari Reading at the Delray Beach
Library for the children. Mrs. Ellis stated it was an incredible event and a very rewarding
expenence.
13.C.3.
Mrs. Montague
Mrs. Montague commented about "Walk a Child to School Day" with
Village Academy and stated the issue came up that addressed safety issues as far as the
children walking along the sidewalk because they had to cross the traffic that was exiting
the parking lot. The City Manager stated a gate has been installed. She stated the other
request from Village Academy was looking into caution lights during peak hours and
they were actually concerned with the signage that tells motorists to slow down during
peak hours, and this is not happening. The City Manager stated staffwill follow up with
this through Palm Beach County.
13.C.4.
Mr. Levinson
Mr. Levinson introduced Walt Gerhard (Project Manager) and Vince
Wooten (Project Planner) with the Community Redevelopment Agency (CRA) who are
active with the Community Land Trust (CLT).
He inquired as to the status of the window situation at Old School Square
and the possibility of receiving a grant and the need potentially for political help on this.
The City Manager stated he will check the schedule but believes commencement will be
fairly early next year.
Mr. Levinson stated at the last League of Cities meeting there was a
presentation by the Habilitation Center and commented that they sell plant material
- 37 -
12/05106
wholesale to cities and governments. He asked if the City of Delray Beach is buying
plant material from them. The City Manager stated the City of Delray Beach does buy
plant material from them.
1
f
i
!
He stated the Issues Forum is done with its meetings until March 29,2007
(tentatively unless there is an emergency meeting). He stated the meeting will be held at
the Town of Lantana (Town Hall) and gave the schedule to the City Clerk to send out to
everyone.
Lastly, Mr. Levinson stated the City's newsletter is great, and
congratulated Rich Pollack for a good job with the writing. He stated the newsletter
contains good information and is well received by everyone.
13.C.5.
Mavor Perlman
Mayor Perlman stated last night he had the opportunity to attend the
opening of the new Hospice of Palm Beach County at Pinecrest Rehabilitation. He stated
this is a spectacular facility and very much needed. Mayor Perlman stated he is happy
that there is now a Hospice facility in Delray Beach and he met the new CEO (Bob
Krieger).
Secondly, Mayor Perlman stated he and Commissioner Montague attended
the Habitat for Humanity Groundbreaking yesterday and a very nice family (Dora Shiver)
was moving in. Office Depot gave Ms. Shiver a check in the amount of$50,000.00.
l
i
~
i
Mr. Levinson stated Mike Campbell is a relatively new CEO with Habitat
for Humanity and he is joining the Community Land Trust (CLT) Board.
Mayor Perlman stated Pat Jones passed away. She was a resident of Gulf
Stream and a major supporter of Old School Square and the Community Child Care
Center. Also, he stated Marjorie Ferrer's father passed away.
He stated the sponsor luncheon for the tree was great. He congratulated
staff and everyone involved with the tree as it was a very challenging environment to
work in this year. Mayor Perlman stated after lunch he ran into an Osceola County
Commissioner (former Mayor of Kissimmee) who is here on a scouting expedition to
take a look at our downtown and the new Congress Avenue Overlay.
Mayor Perlman stated regarding the Project for Public Spaces Website
(www.greatpublicspaces.org), the new Lake Ida Park has been nominated as a great
public space. Mayor Perlman stated this is an international website and noted that
Atlantic Avenue is rated number twelve (12) in North America.
He stated in the ICMA Public Management Magazine there was an article
on Clearwater where they also have a Residents Academy. Mayor Perlman stated they
produced a CD about how to address a Public Body or Board. Mayor Perlman stated he
- 38-
12/05/06
would like to share this with the City Manager, Janet Meeks, and Lula Butler to put this
into the Residents Academy tailored to our city. Mayor Perlman stated there is a booklet
that goes along with the CD that is great for residents and suggested that this be placed in
the lobby of City Hall.
There being no further business, Mayor Perlman declared the meeting
adjourned at 9: 18 p.m.
~~'~~~;I
City Clerk
ATTEST:
~f~
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the Minutes of the Regular City Commission Meeting held
on December 5,2006, which Minutes were formally approved and adopted by the City
Commission on January 2, 2007
~~ b~L~'~~
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.
- 39-
12/05/06
. .
IN THE CITY < COMMISSION
CHAMBERS OF THE CITY OF
DELRA Y BEACH, FLORIDA
)
CITY OF DELRA Y BEACH,
Appellant( s),
vs.
DAVID ROSENBOM,
Appellee.
I
ORDER OF THE CITY COMMISSION
OF THE CITY OF OELRA Y BEACH, FLORIDA
1. This appeal of the approval of a Certificate of Appropriateness for partial
demolition and new construction has come before the City Commission on December
5, 2006;
2. The Appellants, Appellee and City staff presented documentary evidence (~')
and testimony to the City Commission pertaining to the appeal of the certificate of
, '
appropriateness for partial demolition and new construction. All of the evidence is part
of the record in this case. Required findings are made in accordance with Subsections
I, II and III.
I. LOR REQUIREMENTS
a. LOR Section 4.5.1 (E)(4), 4.5.1 (E)(7) and 4.5.1 (E)(8)(a-k), "Development
Standards" provides guidelines in evaluating Certificates of Appropriateness for the
alteration or addition of exterior architectural features. The guidelines are as follows:
(E)(4) A historic site, or building, structure, site improvement, or appurtenance
within a historic district shall be altered, restored, preseNed, repaired,
relocated, demolished, or otherwise changed in accordance with the'
Secretary of Interior's Standards for Rehabilitation, as amended from time
to time.
r+.Cf'v\ q.A.
\
,
!
(E)(7) The construction of new buildings or structures, or 'the relocation,
alteration, reconstruction, or major repair or maintenance of a non-
contributing building or structlJr~ within a designated historic district shall
meet the same compatibility standards as- any material change in the
exterior appearance of an existing.non-contributing building. Any material
change in the exterior appearance of any~xisting non-contributing
building, structure, or appurtenance in adesigflated historic district shall
be gene.rally compatible with the, form, proportion, mass, configuration,
building material, texture, color, and location of historic buildings,
structures, ,or sites adjoining or 'reasonabiy approximate to the non-
contributing building, structure, or site.
,(E)(8) All improvements to 'buildings, structures, and appurtenances shall be
visually compatible. Visualcompc:ltibility shall be determined in terms of
height, front fac;ade proportion, proportion of openings (windows and
doors), rhythm of solids to voids on front facades,'rhythm of buildings on
streets, rhythm _, of entranCe and/or porch' projections, relatrons of
mat~rials, texture and color, roof shapes, \ilfalls oJ continuity, scale of
buildin~, djr~ctional, exprE)s~ioooffront el~vatiol'l'
(a) Heiaht: The height of ,pro.l?Qsed buildings - or modifications sh<:!1I be
visually compatible in comparison or r~lation to the height of
existing structures and buildings.
. . .:
Is this met?
Yes
1
No
4
(b) Front Facade Proportion: The front fagadeof each building or
structure shall be visually compatible with and in direct relationship
to the width of the building and to the height of the front elevation of
other adjacent or adjoining buildings with,ioa historic district.
Is this met?
Yes 1 No 4
2
(c) Proportion of Openinas (Windows and Doors): The openings of
any building within a historic district shall be visually compatible
with the openings exemplified by the prevailing historic architectural
styles within the district. The relationship of the width of windows
and doors to the height of windows and doors among buildings
within the district shall be visually compatible.
Is this met?
Yes 1 No 4
(f) Rhythm of Entrance and/orPorch Proiections: The relationship
of entrances and porch projections to the sidewalks of a building
shall be visually compatible with the prevalent architectural styles of
entrances and porch projections on historic sites, buildings and
structures within a historic district.
Is this met?
Yes 0 No 5,)
(h) Roof Shapes: The roof shape of a building or structure shall be
visually compatible with the roof shape of a historic site, building or
structure within a historic district.
Is this met?
Yes 1 No 4
(j) Scale of a Building: The size of a building, the building mass in
relation to open spaces, windows, door openings, balconies, and
, porches shall be visually compatible with the building size and the
building mass of historic sites, buildings, and structures within a
historic district.
Is this met?
Yes 1 No 4
3
(k) , Directional Expression 01 Front Elevation: A building sheill be ~'].,.
visually compatible with the buildings, structures,. and sites in its .
directional character. whether vertical, horizontal, or nondirectional.
Is this met?
Yes
t
No
4
b. LOR Section 4,6,:9(C)(2)(a} requires two parking spaces per single family
residence that may not be located in a required front setback.
Is this requireme~t met?
Yes ,No 3
Have theoveraU objectives of the LDR;sbeel1 met?
Yes., . 1 No 4,
U. PELM YBEACHI:IISTo.R,IC,PRESERVA TfON DESIGN GUIDELINES:
, .
. The Deiray Beach Historic Preservation Design Guidelines sugge'st thefolld\Ving which
apply with respect to the subject appliCation:
1
~ i
.
Locate an addition as inconspicuously as possible, usually to the rear or least public side
of a building. The proposed addition has been located to the rear of the foremost wall-
plane of the existing structure. However, the additional height does not allow it to be
inppnspicuQus. " ..., .,'
"Fdr ,/julldings where adilitionai height is allowed, stepping back the upper stories may
help to minimize the difference as viewed from the street. The second~storyportion has
been setback approximately twenty feet (20') from the foremost wall-plane.
In a historic district, consider the surrounding buildings and the compatibility of the
addition in terms of size, scale, materials, mass and roof form. . As previously discussed,
the subject application is not compatible in terms of size, scale. mass and roof form.
The height of any new building should be similar to those of other buildings along the
streetscape. The height of the proposed application is larger than those. along the North
Swinton Avenue streetscape and located within the Del-Ida Park Historic District.
The new construction should be compatible with the width of the surrounding buildings.
The width of the proposed application does not appear to be problematic.
The relationship of new construction adjacent to significant historic resources can either
enhance or detract from the historic setting of the district. The proposed application
would detract from the historic setting of the Del-Ida Park Historic District due to its lack
of visual compatibility.
The character of the massing should be compatible with the surrounding buildings. The
proposed massing is larger than that of the surrounding buildings.
.
.
.
.
.
.
4
Have the overall objectives of the Delray Beach Historic Preservation Design
Guidelines been met?
Yes
1
No
4
III. THE SECRETARY OF THE INTERIOR'S STANDARDS FOR
REHABILITATION:
,The Secretary of the Int~rior's Standards for Rehabilitation recommend:
· New 'additions. exterior alterations, or related new construction
shall not destroy historic materials that characterize the property.
The new work shall be differentiated from the old. and shall be
compatible with the massing, size. scale, and architectural features
to protect the historic integrity of the property and its environment.
· New additions and adjacent or related new construction shall be
undertaken in such a manner that if removed in the future. the
essential form and integrity of the historic property and its
environment would be unimpaired.
Have the overall objectives of the Secretary of the Interior's Standards for
Rehabilitation been met?
Yes
1
No
4
3. The City Commission has applied the LDR requirements in existence at
the time the original site plan was submitted.
4. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
. competent witnesses supporting these findings.
5. Based on the entire record before it, the City Commission approves
X denies _ the appeal and hereby adopts this Order overturning the Historic
5
Preservation Board approval this 5th day of December, 2006, by a vote of 3 in
favor and 2
opposed.
ATTEST:
~D~~ ~.~\~.~
Chevelle Nubin
City Clerk
6
~
. FORM 88 MEMORANDUM OF VOTING~O,NFLICT,FOa;;':::'~;1'
COUNTY MUNICIPAL,.ANQQTHER~LOCAL,PUBLICQFFfCE'RS j
~ NAME-ARST ~e--.f.t100lE NAME
~erlman, Jeffrey L.
""-ING ADDRess
971 Delray'Lakes Drive
atY .
n"llA ,'.. ~Mh' .FtQrid~,33A44
.0An;~'i/!%fl6~" "
COUNTY' ..'.. ,.. ,... .
F,allll.,nel;l:~h. . -.'
~,CF~.~COMMl~~,OR~,
Delray' BeachCi.tY'Comiliissiort' " '.' ... , '
TJE]!OAAD.cOOt4cIt.. ~AUTftoRnyOffOdMMfrtEr: ON" .
WHICH I SERVE IS A utIT OF: .
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ThIs fann'iS fdt use by any person serving attfi8'eotiiity. City~ or Other iOCalievec of govemment on an appoirit6d or eiected board. counal.
, ,commission. authority. or committee. It applies equally to members of adyi~,a~Il9n,.a<lvi~ bo,di~vmo,J)r~ p(~lll~'~a,VQting.,'
, conftictoflnterest under Section 112.3143. Florida Statutes. . ." . ..... '. " .', " " ... ',-, .' "
;~-;..' :~:'.:-:-: ';;..:. :., .;.,... ...~'.;.
. . Your responsIblIltie under the law when faced with voting on a measure In!ffll9fl,yo,ullav,QliC9!'J~opnter~hwi!l,~~"g~,:depeAding
on whether you'hold an etective' orappoihtiVe positlOrt F6{,~J~,,,~. ~~~ j~Y close attention to the instruclioris 00 ihis fonnbefore
com~ thel'ElVerse~id~ 8M filing t,he focm. " ...' ..... ' ,,,,,,,,;,,,..,')<<;c;,:,;,y,;~,.;,yr,,,.: ': '~,;
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, "}::'~..,: ,. .INSTRUCTlONS.. F.QR.CQMP-UANCE 'WITH'SEC:rieN112~3143{Ff::{j~rD)t'stATt1tEgil-~,:'" ,;
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"person hoIdlngcelective Ol'appointivecounty. municlpal.'6f other'f6ca1'pub(icoffiCe MUST ASSTAIN frofil'voting on'8'measure which
/lUreS to his or her,Specialprivate-g~.io~fito.ss~,:ea.~leeted,or,'aplXHttt~.fOl;:at;omooraf~;i$>'prohlbitW;f(oo,H(!l<lWirtgrt~~\ft,'G!h1&l
ue whlch ~,tc> the:speclal gain or 'loss of al3rincipal(oth~rthana g()vemmentagency) by ,who'll he or ~is ,re,~in~;(i9cludl~,~
.' ,.>8rent Org~~fI~M3~~'t~~i~~:p~~j~,\e.~~~!:bY.WPiRfl:I1~ogshfj,~ ~e~i~!;tQ; the,s~alpO\(at(l;g~ini~:~~:~>~~e;or.
to the specl81 pnvalEi ~~il'l of,~ Q(iil;'~~~~VJ~~~~ ;9?m'!lj~iPfl~~ 9fCCOfJ1lJlUnity.r~~vplqpme.nt agei1.cle~'l!n~r ~1'6.3-,,~'Q('.
163.357. F.S.. andoffleeis ofindeperidentspecial tax districts elected on a one-acre, one-vote basis are not prohibited from v,oting in that
capacity. .
For purposes of this law, a -relative- Includes only the officer's father. mother. son, daughter, husband, wife. brother. sister, father-in-law.
: mother-in-law. soo.ln-law. and daughter-In-law. A -business associate- means any person or entity engaged in or carrying on a business
, entefprise with the officer as, a partner. joint venturer. coowner of property. or corporate shareholder (where the shares of the corporation
. are not listed on any national or regional stock exchange).
.
.
.
.
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.
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.
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above. you must disclose the conflict:
PRIOR TO THE VOTE BEING T MEN by pubrlCly stating to the assembly the nature of your interest in the measure on which you
are abstaining fromvoting;8~
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the inin-
utes of the meeting. who stlould incorporate the foem in the minutes.
.
.
.
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.
.
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APPOINTED OFFICERS:
, Although YQU must abstain from voting'in the situatiOns described above. you otherwise maypartiCjpat~ In ~ matters.~r.,y:pu
must d"~the'nattire ()( the ConflictbefOh{makirrg:~lOy'attempt to 'influence the decision. wMtheroi'altY odit~f'l9 al'id'Wflijtherm8Qe
~ you'orafyOOr dirOOtlOOi . . ,~ " ".
. ,
IF YOU INTENO TO MAKE ANY ATTEMPT TO INFlUENCE THE DECISION PRIOR TO THE MEETING AT WHI(;H Tl1E VQTEWll.J..~E
TAKEN:
. Yqumust complete and file this form (before making any attempt to influence the decision) with the person responsible fat recoo:lUig the
minutes of the meeting. who will incorporate the form in the minutes. (Continued on other side)
CE FORM 88 - EFF. 112000
ITEM 9.G
PAGE 1
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PAGE 2
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