02-06-07 Minutes Reg
FEBRUARY 6. 2007
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, February 6,2007.
.L
Roll call showed:
Present - Commissioner Rita Ellis
Commissioner Fred Fetzer
Commissioner Jon Levinson
Mayor Jeff Perlman
Absent - Commissioner Brenda Montague
Also present were - David T. Harden, City Manager
Robert A. Barcinski, Assistant City Manager
Susan A. Ruby, City Attorney
Chevelle D. Nubin, City Clerk
2.
The opening prayer was delivered by Mayor Perlman.
3.
gIven.
The Pledge of Allegiance to the flag of the United States of America was
4.
AGENDA APPROVAL.
. Mayor Perlman stated Item 9.A., Conditional Use Request /135. 145 and
169 S.E. 6th Avenue has been postponed. He stated there is a corrected memorandum for
Item 9.F., Reiection of Bids/Bexlev Trail Community Park Improvements Proiect.
Also, Mayor Perlman stated Item 10.A., Ordinance No. 59-06 has been
postponed and will come back as a first reading/first public hearing on February 20,2007.
The applicant has requested to postpone Item 10.D., Ordinance No. 79-06 to the March 5,
2007 Commission meeting.
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; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a 4 to 0 vote.
5.
APPROVAL OF MINUTES:
Mr. Fetzer moved to approve the Minutes of the Regular Meeting of January
16, 2007, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mr.
Levinson - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes. Said motion
passed with a 4 to 0 vote.
02/06/07
6.
PROCLAMATIONS:
'1
I
~
6.A.
Rec02nizin2 2-1-1 Awareness Week - February 11-18. 2007
Mayor Perlman read and presented a proclamation Susan Buza, Executive
Director, hereby proclaiming the week of February 11-18,2007 as 2-1-1 Awareness Week.
Ms. Buza came forward to accept the proclamation and gave a few brief comments.
6.B. Autism Awareness Month - April 2007
Mayor Perlman noted the proclamation hereby proclaiming the month of
April, 2007 as Autism Awareness Month will be mailed.
6.C. Rec02nizin2 Mar2uerette Juanita Bain McKay
Mayor Perlman read and presented a proclamation hereby recognizing,
commending, and offering a sincere 90t Birthday wish to Marguerette Juanita Bain
McKay. Ms. McKay came forward to accept the proclamation.
7. PRESENTATIONS:
7.A. Rec02nizin2 and Commendin2 Fred Ser2io for his 90th birthday
Mayor Perlman presented a special recognition award to Mr. Fred Sergio for
his 90th birthday and heartfelt thanks for his contributions, hard work, and his incredible
dedication to the City of Delray Beach. Mr. Sergio came forward to accept the award and
thanked the City Commission for this recognition.
7.B. "Spotli2ht on Education" - Tammy Fer2uson. Principal. Villa2e
Academy
Dr. Tammy Ferguson, Principal of Village Academy, updated the
Commission about their construction project and stated their Pre-K through 12t grade will
open in July 2007. Dr. Ferguson introduced one of her writing teachers. She stated that
Village Academy now has a daycare at the school and there are four mothers who bring
their children to work with them every day. Dr. Ferguson stated Village Academy was at
95% proficiency in writing last year and at approximately 98% proficiency this year. Dr.
Ferguson introduced Johnny Bennett and Nancy Hurd from the Achievement Center.
7.C. Special Rec02nition Awards -Area Schools - Project Holiday
Mayor Perlman read and presented a special recognition award to the
Achievement Center, Atlantic High School, Carver Middle School, the Delray Beach Parks
and Recreation Department, the Milagro Center, Trinity Lutheran and Village Academy for
their outstanding contribution to Project Holiday, a city-wide effort dedicated to the
delivery of care packages to the armed forces currently serving overseas.
- 2 -
02/06/07
Mayor Perlman stated this was a great event and he appreciates the help of
everyone. He noted several packages were sent to the soldiers overseas and we are getting
many letters back from them.
8.
CONSENT AGENDA: City Mana2er Recommends Approval.
8.A. RATIFICATION OF THE SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS: Approve and
ratify the actions of the South Central Regional Wastewater Treatment and Disposal Board
at their Quarterly Annual Meeting of January 18, 2007.
8.B. RESOLUTION NO. 7-07: Approve Resolution No. 7-07 assessing costs
for abatement action necessary to remove junked and/or abandoned vehicles from six (6)
properties throughout the City.
The caption of Resolution No. 7-07 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, PURSUANT
TO CHAPTER 90 OF THE CODE OF ORDINANCES OF
THE CITY OF DELRA Y BEACH, ASSESSING COSTS
FOR ABATING NUISANCES BY REMOVING JUNKED
AND/OR ABANDONED VEHICLES WITHIN THE
CITY OF DELRA Y BEACH; SETTING OUT ACTUAL
COSTS INCURRED BY THE CITY TO ACCOMPLISH
SUCH ABATEMENT AND LEVYING SAID COSTS;
PROVIDING FOR AN EFFECTIVE DATE AND FOR A
DUE DATE AND INTEREST ON ASSESSMENTS;
PROVIDING FOR THE RECORDING OF THIS
RESOLUTION, AND DECLARING SAID LEVY TO BE
A LIEN UPON THE SUBJECT PROPERTY FOR
UNPAID ASSESSMENTS; PROVIDING FOR THE
MAILING OF NOTICE OF LIEN.
(The official copy of Resolution No. 7-07 is on file in the City Clerk's
office. )
8.C. FINAL SUBDIVISION PLAT APPROVAL/CANNERY ROW:
Approve the subdivision plat for Cannery Row, located south ofNE 4th Street between NE
1 5t Avenue and NE 2nd Avenue (pineapple Grove Way).
8.D. REQUEST FOR SIDEWALK DEFERRAL/960 FERN DRIVE:
Approve a request to defer the installation of a sidewalk in front of 960 Fern Drive. Staff
recommends approval.
- 3 -
02/06/07
8.E. REQUEST FOR SIDEWALK DEFERRAL/1825 COPEL Y PLACE.
VALENCIA COURT. LOT #4: Approve a request to defer the installation of a sidewalk
in front of 1825 Copely Place, Valencia Court, Lot #4. Staff recommends approval.
. .~
t;
8.F. CHANGE ORDER NO. 2/FINAL (CONTRACT
CLOSEOUT)/OVERHOLT CONSTRUCTION CORPORATION.: Approve Change
Order No. 2/Final (Contract Closeout) in the amount of a $44,595.90 decrease and final
payment in the amount of $82,665.96 to Overholt Construction Corporation for completion
of the Delray Swim and Tennis Center Clubhouse Project. Funding is available from 380-
4150-572-62.60 (2004 G.O. Bond Fund/Delray Swim and Tennis) and 117-4133-572-63.90
(Recreation Impact Fee/Other Improvements).
8.G. SERVICE AUTHORIZATION NO. 7/CH2M HILL. INC.: Approve a
Service Authorization No. 7 to CH2M Hill, Inc. in the amount of $63,500.00 for
professional services related to evaluating alternative water supply strategies. Funding is
available from 442-5178-536-31.30 (Water/Sewer Renewal and Replacement
Fund/Engineering/ Architectural Services).
8.H. RIGHT OF ENTRY AGREEMENT AND EASEMENT
DEED/FAIRWAYS OF DELRAY: Approve and accept the right of entry agreement and
easement deed to allow the City to go onto certain common areas of Fairways of Delray
and to install a reclaimed water line for irrigation purposes.
8.1. LIMITED ACCESS EASEMENT AGREEMENT/COMMUNITY
LAND TRUST: Approve a Limited Access Easement Agreement between the City and
the Delray Beach Community Land Trust providing for the placement of a limited access
easement over the north property line, adjacent to SW 2nd Street.
8.J. APPROVAL OF POLL WORKERS FOR THE FIRST
NONPARTISAN ELECTION: Approve the poll workers for the First Nonpartisan
Election to be held on March 13,2007.
8.K. CONTRACT RENEWAL/ACCURATE PARKING. INC.: Approve the
renewal of a contract with Accurate Parking, Inc. (formerly Parking Pros) for the staffing
of the South County Courthouse Garage on weekend evenings and special events. Funding
is available from 001-3151-545-34.90 (General Fund/Other Contractual Services).
8.L. AGREEMENT/BARWICK ROAD BAPTIST CHURCH: Approve an
agreement between the City and Barwick Road Baptist Church to allow the City to use the
southwest corner of the church property, located at 500 Barwick Road to locate a
temporary Fire-Rescue station for twenty-four (24) months or until the new fire station at
Lake Ida and Barwick Road is complete.
-4-
02/06/07
8.M. MEMORANDUM OF UNDERSTANDING/FIRST AMENDMENT TO
DECLARATION OF CONTINUING OBLIGATIONS AND RESERVATION OF
RIGHTS/GUARANTEE AGREEMENTILIMITED PARKING LICENSE
AGREEMENT/BLOCK 69: Approve the Memorandum of Understanding, the First
Amendment to Declaration of Continuing Obligations and Reservation of Rights, the
Guarantee Agreement and the Limited Parking License Agreement between Block 77
Development Group, L.C., the City of Delray Beach and the Community Redevelopment
Agency (CRA) subject to the closing and transfer of the Block 69 Parking Garage to the
City.
8.N. RESOLUTION NO. 8-07/FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT)ILANDSCAPE IMPROVEMENTS: Approve and adopt
Resolution No. 8-07 authorizing execution of a Maintenance Memorandum of Agreement
(MOA) with the Florida Department of Transportation (FDOT) for maintenance of
landscaping along the US 1 corridor from the C-15 Canal to Tropic Boulevard; the Florida
Department of Transportation (FDOT) will construct the landscaping improvements and
the City will be responsible for landscape maintenance. There is no cost to the City for the
installation of landscaping.
The caption of Resolution No. 8-07 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA,
AUTHORIZING THE PROPER CITY OFFICIALS TO
EXECUTE A MAINTENANCE MEMORANDUM OF
AGREEMENT WITH THE STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION FOR
MAINTENANCE BY THE CITY OF A PORTION OF US
1 LOCATED WITHIN THE CITY OF DELRA Y BEACH;
PROVIDING FOR CONFLICTS; PROVIDING AN
EFFECTIVE DATE.
(The official copy of Resolution No. 8-07 is on file in the City Clerk's
office.)
8.0. RESOLUTION NO. 9-07/FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT)ILOCALLY FUNDED AGREEMENT: Approve and
adopt Resolution No. 9-07 authorizing execution of a Locally Funded Agreement with the
Florida Department of Transportation (FDOT) for the installation of trombone style mast
arm signals at the intersection of SR AlA and East Atlantic Avenue. The City is
responsible for funding the added cost for the trombone style mast arms at a cost of
approximately $50,000.00. Funding is available from 334-3162-541-68.31 (General
Construction Fund/AlA Streetscape).
The caption of Resolution No. 9-07 is as follows:
- 5 -
02/06/07
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA,
AUTHORIZING THE PROPER CITY OFFICIALS TO
EXECUTE A LOCALLY FUNDED AGREEMENT
WITH THE STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION FOR FUNDING BY THE CITY TO
INCLUDE "TROMBONE STYLE" SIGNAL MAST
ARMS ALONG A PORTION OF SR-AIA LOCATED
WITHIN THE CITY OF DELRA Y BEACH; PROVIDING
FOR CONFLICTS; PROVIDING AN EFFECTIVE
DATE.
']
(The official copy of Resolution No. 9-07 is on file in the City Clerk's
office. )
8.P. RESOLUTION NO. 10-07/FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT)/ATLANTIC AVENUE BRIDGE UNDERPASS ART
PROJECT: Approve and adopt Resolution No. 10-07 authorizing execution of a
Maintenance Memorandum of Agreement with the Florida Department of Transportation
(FDOT) for the installation of public art and landscaping under the Atlantic Avenue
Bridge. FDOT will make appropriate revisions to the agreement once final drawings are
provided by the City. There will be no cost to the City other than routine maintenance.
The caption of Resolution No. 10-07 is as follows:
]
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA,
AUTHORIZING THE PROPER CITY OFFICIALS TO
EXECUTE A MAINTENANCE MEMORANDUM OF
AGREEMENT WITH THE STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION FOR
MAINTENANCE BY THE CITY OF A PORTION OF
STATE ROUTE 806 LOCATED WITHIN THE CITY OF
DELRA Y BEACH; PROVIDING FOR CONFLICTS;
PROVIDING AN EFFECTIVE DATE
(The official copy of Resolution No. 10-07 is on file in the City Clerk's
office. )
.t.2:. EXOTIC VEGETATIONIUNIVERSAL BEACH SERVICES
CORPORATION: Approve and authorize Universal Beach Services Corporation to
proceed with the exotic vegetation removal associated with the Beach Renourishment
Project in the amount of $18,500.00. Funding is available from 332-4164-572-34.90
(Beach Restoration Fund/Other Contractual Services).
- 6-
02/06/07
8.R. SPECIAL EVENT REflUEST/AVDA 5K WALKlRUN: Approve a
special event request to endorse the lOt Annual Aid to Victims of Domestic Abuse, Inc.
(A VDA) 5K Walk/Run to be held on Sunday, October 13, 2007 from 7:30 a.m. until
approximately noon, with set up at 5:30 a.m., to grant a temporary use permit per LDR
Section 2.4.6(F) for the use of Anchor Park and the City right-of-way along Ocean
Boulevard from Casuarinas to George Bush Boulevard, to waive parking meter fees in
Anchor Park and Sandoway lot, and to authorize staff assistance for providing traffic
control, barricading, signage, clean up and stage set up and use; contingent on the sponsor
providing the required liability insurance.
8.S. SPECIAL EVENT REQUEST/SAINT PATRICK'S DAY PARADE:
Approve a special event request to conduct the 39th Annual St. Patrick's Day Parade
proposed to be held on Saturday, March 17, 2007, beginning with setup at 12:00 p.m.,
parade starting at 2:00 p.m. and ending at approximately 3:30 p.m., and to grant a
temporary use permit per LDR Section 2.4.6(F) for the use of Atlantic Avenue from
Venetian Drive to NW 1 5t Avenue for the parade and Venetian Drive and Gleason Street for
staging of parade entries; and to approve staff support for traffic control and security,
barricading, EMS assistance, trash removal, assistance in obtaining the FDOT permit and
to allow event signage to be put up ten (10) days prior to the event; contingent on the
receipt of a hold harmless agreement and receipt of the certificate of liability insurance.
8.T. CHILDREN'S SERVICES COUNCIL/MEMORANDUM OF
AGREEMENT AND SUBCONTRACTS/COMMUNITY CHILD CARE
CENTER/CHILDREN'S CASE MANAGEMENT ORGANIZATION: Approve a
Memorandum of Agreement between the City of Delray Beach and Children's Services
Council (CSC) in the amount of $853,622.00 in support of the Beacon Center Services at
Village Academy Elementary School and Subcontracts between the City and the
Community Child Care Center and the Children's Case Management Organization for
carrying out services at the Beacon Center.
8.U. RESOLUTION NO. 5-07 AND RESOLUTION NO. 6-07: Approve
Resolution Nos. 5-07 and 6-07 adopting the ICMA 457 and 401A retirement plan with
certain elections.
The caption of Resolution No. 5-07 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, ADOPTING
THE AMENDED AND RESTATED PLAN AND TRUST
DOCUMENT FOR THE ICMA RETIREMENT
CORPORATION PLAN NO. 30-1207, SECTION 457
DEFERRED COMPENSATION PLAN AS AMENDED
HEREIN BY REJECTING CERTAIN ELECTIONS, TO
BE EFFECTIVE FEBRUARY 1, 2007; PROVIDING
THAT THE ASSETS OF THE PLAN SHALL BE HELD
IN TRUST FOR THE EXCLUSIVE BENEFIT OF PLAN
- 7 -
02/06/07
PARTICIPANTS AND THEIR BENEFICIARIES;
PROVIDING AN EFFECTIVE DATE.
']
(The official copy of Resolution No. 5-07 is on file in the City Clerk's
office. )
The caption of Resolution No. 6-07 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, ADOPTING
THE ICMA RETIREMENT COPRORATION
GOVERNMENTAL MONEY PURCHASE PLAN AND
TRUST, PLAN NO. 10-9648, A 401A QUALIFIED
RETIREMENT PLAN AS AMENDED BY REJECTING
AND ACCEPTING CERTAIN ELECTIONS, TO BE
EFFECTIVE FEBRUARY 1, 2007; PROVIDING THAT
THE ASSETS OF THE PLAN SHALL BE HELD IN
TRUST FOR THE EXCLUSIVE BENEFIT OF PLAN
PARTICIPANTS AND THEIR BENEFICIARIES;
PROVIDING AN EFFECTIVE DATE.
(The official copy of Resolution No. 6-07 is on file in the City Clerk's
office. )
8.V. DELRAY BEACH POP UP BOOK/JOINT FUNDRAISING PROJECT
FOR THE EDUCATION FOUNDATION: Approve a check request in the amount of
$13,000.00 to the Chamber of Commerce Education Foundation for the underwriting of the
All-America City page for the Delray Beach pop up book.
8.W. PAYMENT/PRISTINE WATER SOLUTIONS: Approve a payment in
the amount of $28,980.00 to Pristine Water Solutions, Inc. for the initial polyphosphate
shipment for the Water Treatment Plant. Funding is available from 441-5122-536-52.21
(Water/Sewer Fund/Chemicals).
8.X. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards for
the period January 16,2007 through February 2,2007.
8.Y. AWARD OF BIDS AND CONTRACTS:
1. Contract award to Rangeline Tapping Services, Inc. in the amount of
$50,000.00 for performing four (4) emergency line stops relating to
the removal and realignment of waters mains from under the
footprint of the new Environmental Services Department building
and parking area. Funding is available from 442-5178-536-63.50
(Water/Sewer Renewal and Replacement FundlWater Mains).
- 8-
02/06/07
2. Contract award to West Construction, Inc. in the amount of
$2,113,603.92 for the construction of the Mangrove Park Project.
Funding is available from 334-4174-572-63.90 (General
Construction Fund/Other Improvements).
3. Purchase award to Dell Computer Corporation in the amount of
$29,856.75 for purchase of twenty-five (25) desktop computers with
customer software image. Funding is available from 334-6112-519-
64.11 (General Construction Fund/Computer Equipment).
4. Purchase award to Embroidered Products in the amount of
$27,907.00 for the purchase of uniforms for shift personnel.
Funding is available from 001-2315-526-52.22 (General
Fund/Uniforms/Linen Service).
Mrs. Ellis moved to approve the Consent Agenda, seconded by Mr. Fetzer.
Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs. Ellis - Yes;
Mr. Fetzer - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote.
9. REGULAR AGENDA:
9.A. THIS ITEM HAS BEEN POSTPONED.
9.B. APPEAL OF THE SITE PLAN REVIEW AND APPEARANCE
BOARD DECISION/SANTA FE SALON: Consider an appeal of the Site Plan Review
and Appearance Board's decision regarding the Santa Fe Salon, located at the Southwest
corner ofNE 2nd Street and NE 4th Avenue. (Quasi-Judicial Hearing)
Mayor Perlman read into the record the City of Delray Beach procedures for
a Quasi-Judicial Hearing for this item and all subsequent 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 had no ex parte communications. Mayor
Perlman stated he had a brief conversation with Dick Hasko. Mrs. Ellis and Mr. Fetzer
stated they had no exparte communications to disclose.
Richard Hasko, Director of Environmental Services, entered the Planning
and Zoning Department project file #2007-054 into the record.
Mr. Hasko stated on January 10, 2007, the Site Plan Review and
Appearance Board heard a proposal for the Santa Fe Salon and attached to the proposal
were a number of engineering technical comments which are typical attachments to most
site plan proposals. The Board approved the Site Plan application and in doing so they
waived 13 of 19 engineering technical comments. Staff is appealing SPRAB's decision
regarding the Santa Fe Salon because they do not believe that SPRAB has the authority to
- 9-
02/06/07
waive engineering technical comments. Mr. Hasko expressed concern at an appointed
Board doing that because it has the potential to undercut professional engineering staff s
ability to enforce the technical requirements in the LDR's for land development. Staff
requests that the engineering technical comments be incorporated into the site plan
approval. Mr. Hasko explained that there was also a section in the engineering comments
called "Final Engineering Comments" and those were waived by SPRAB although they
were never intended to be conditions of the site plan approval. He stated typically staff
provides them to applicants and/or their engineers in advice of what the City's Engineering
department will be looking for upon final application for building permit.
"1
'"
~
i.
.
Geor2e Brewer. Architect for the project. stated this project which is the
old Crossroad Clubhouse project was given a Class V SPRAB approval in 2001 and all the
technical items (i.e. parking, site lighting, and landscaping) were addressed at that time. He
stated they came in to do an occupancy change of use and noted there are minimal changes
being done to the exterior of the building only to enhance the building. Mr. Brewer stated
they are going to take out the asphalt seating area in front of the building and replace it
with marble pavers; add a fountain and create a little plaza and better landscaping. He
stated the intention was a very simple change of use because the existing use was classified
as miscellaneous and noted the tenant asked for a change of use. Mr. Brewer stated in his
opinion he does not think it is fair for the tenant of the building to be responsible for all the
technical items. Mr. Brewer urged the Commission to eliminate the conditions that were
placed on them that are not justified.
Jose A2uila. Chairman of the Site Plan Review and Appearance Board
(SPRAB). concurred with comments expressed by Mr. Hasko that the Board is not here to
second guess staff. However, the problem the Board encountered was that in the staff
report there were comments that seemed excessive for what was being done and there was
no one to explain to the Board why they were being imposed. Mr. Aguila stated it was a
lack of clarity. He suggested that there should be a survey of the property.
Mayor Perlman stated if anyone from the public would like to speak in favor
or in opposition of the appeal, to please come forward at this time. There being no one
from the public who wished to address the Commission regarding the appeal, the public
hearing was closed.
Mr. Brewer stated he agrees wholeheartedly on the landscaping and he
would be happy to take care of any deficiencies. In terms of the lighting, there are light
poles on the power poles and noted there is sufficient lighting and it meets all the light level
requirements (as of 2001). He stated the light poles have not been changed and urged the
Commission to allow them to not go through the cost and the time of doing that. Mr.
Brewer stated they are willing to repair the cracks in the sidewalk and are willing to
provide a survey. However, he objects to the typographic part of it because of the cost and
noted that none ofthe typo graphics are going to be changed on the site.
Mr. Hasko gave a brief rebuttal.
-10 -
02/06/07
Mr. Fetzer asked for clarification regarding the preliminary engineering
items and asked ifthe photometric plan is part ofthe list of 12 items.
Mr. Levinson stated the City Board was put in a precarious position and
asked the City Manager what happened. In response, the City Manager stated they are
working with the Engineering staff to make this whole process work smoother and get
these types of things resolved with staff before it goes to the Board. The City Manager
stated some of these need more discussion with the developer and his team.
Mr. Levinson suggested that this item be postponed to the SpeciaV
Workshop meeting of February 13, 2007.
Mr. Brewer stated he does not feel the technical comments are relevant in
this project.
Mrs. Ellis stated this should have been worked out prior to this item being
brought to the City Commission.
Mr. Levinson moved to postpone the Special/Workshop meeting of
February 13, 2007, seconded by Mrs. Ellis. Upon roll call the Commission voted as
follows: Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mayor Perlman - Yes.
Said motion passed with a 4 to 0 vote.
9.C. WAIVER REQUESTS/SEAGATE HOTEL: Consider a request for
waIver of Land Development Regulations (LDR) Section 4.4. 13(F)(3)(f), Section
4.4.13(F)(3)(h) and Section 4.4. 13(F)(3)(i), "Building Frontage and Front Setbacks",
associated with the Class V site plan for Seagate Hotel on Atlantic Avenue located on the
south side of Atlantic Avenue, between Venetian Drive and Gleason Street. (Quasi-
Judicial Hearing)
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor Perlman asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2007-021 into the record.
Mr. Dorling stated on January 10, 2007, the Site Plan Review and
Appearance Board approved the Class V development proposal to construct a 162 room
hotel that includes a 7,469 square foot restaurant/kitchen, 6395 square feet of retail, and
4,328 square foot spa. He stated the applicant designed the project to the Downtown
Design Guidelines with the exception of the waivers to LDR Section 4.4. 1 3(F)(3)(f), LDR
Section 4.4.13(F)(3)(h), and LDR Section 4.4. 13 (F)(3)(i). Those sections relate to the
frontage requirements along Atlantic Avenue as well as the requirement to wrap that facade
- 11 -
02/06/07
around 60 feet of the building on the side streets and minor modifications to the setbacks
and building frontage requirements along Gleason and Venetian Drive.
l
~
~
)
Mr. Dorling stated the required findings with respect to LDR Section
2.4.7(B)(5) are made. SPRAB considered these waivers along with the Site Plan and
unanimously recommended approval of these changes to the City Commission. He stated
there is a new Board Order reflecting the changes.
Gary Stoff!:, Randall Stoff!: Architects (Architect for the project), gave a
brief overview of the project. He stated this site is an unusual site in that it is bounded by
three sides by streets.
Mayor Perlman stated if anyone from the public would like to speak in favor
or in opposition of the waiver requests, to please come forward at this time.
There was no cross-examination or rebuttal.
Mr. Levinson commended the developer for creating a project that meets the
Design Guidelines.
The City Attorney briefly reviewed the Board Order with the Commission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
Mr. Fetzer moved to adopt the Board Order as presented, seconded by Mrs.
Ellis. Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; Mr. Levinson-
Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a 4 to 0 vote.
9.D. WAIVER REOUESTIDELRAY BEACH COMMUNITY LAND
TRUST. INC.: Consider a request for waiver of Land Development Regulations (LDR)
Section 4.1.4(D), "Use of Lots of Record", and Section 4.7.12, "Other Incentives",
governing the use of 40-foot lots under the Workforce Ordinance for two (2) parcels
submitted for permitting by the Community Land Trust. The properties are located at 220
SW 4th Avenue and 214 NW 8th Avenue. (Quasi-Judicial Hearing)
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor Perlman asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose.
Lula Butler, Director of Community Improvement, stated this is a waiver of
requirements to Sections 4.1.4(D) and 4.7.12, "Other Incentives", governing the use of 40-
foot lots under the Workforce Ordinance for two (2) parcels submitted for permitting by the
Community Land Trust (CLT). The properties are located at 220 S.W. 4th Avenue and 214
N.W. 8th Avenue. Lots of record that have at least 40 feet of frontage may be used, as long
- 12-
02/06/07
as the workforce unit meets the typical designs represented by the sketches set forth in
Section 4.7.12 and the additional requirements of Section 4.1.4(D) as well as other
applicable code provisions are met. The two units submitted for permitting do not meet the
requirements specified under Section 4.1.4(D) and 4.7.12. . The units proposed to be
constructed are not consistent with the designs and sketches specified in the approved
Workforce Ordinance. The Community Land Trust (CLT) has indicated that the designs
contained within the ordinance will substantially increase the cost of the construction,
making the units less affordable. Staff agrees with this because they have performed their
own analysis. Therefore, staff recommends that the City Commission consider approving
the waiver to Section 4.1.4(D) and Section 4.7.12 of the LDR's governing the use of 40-
foot lots associated with Workforce Units with a finding of fact pursuant to Section
2.4.7(B)(5).
Mayor Perlman stated if anyone from the public would like to speak in favor
or in opposition of the waiver request, to please come forward at this time. No one from
the public came forward to address the Commission regarding the request.
There was no cross-examination or rebuttal.
Mrs. Butler stated staff will need to revisit the ordinance and amend it so
that it is more reasonably suited and will allow a range of designs.
The City Attorney briefly reviewed the Board Order with the Commission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
Mrs. Ellis moved to approve the Board Order as presented, seconded by Mr.
Fetzer. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Mayor
Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes. Said motion passed with a 4 to 0 vote.
9.E. REQUEST FOR IN-LIEU PARKING SPACESIINTELETRAVEL:
Consider a request from Inteletravel for the purchase of two (2) in-lieu parking spaces in
the amount of $15,600.00. Inteletravel is located at 209 North Swinton Avenue. (Quasi-
Judicial Hearing)
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Scott Aronson, Parking Management Specialist, stated Inteletravel is located
at 209 North Swinton Avenue and has submitted a request for the purchase of two (2) in-
lieu parking spaces to accommodate a conversion of use from residential to office. The
existing 930 square foot single family home is located in the Old School Square Historic
Arts District (OS SHAD). The proposed 93() square foot conversion requires four (4)
parking spaces. Due to the site constraints and the nature of lot configurations in this
historic area, the applicant is only able to provide two (2) of the four (4) spaces required at
a cost of $7,800.00 per space. He stated it has been a long standing intent in the Old
- 13-
02/06/07
School Square District (OSSHAD) to promote these types of conversions to maintain the
historic structures in the city. This building was built in 1939 and remains a contributing
structure in the neighborhood. Objective A-4 of the Future Land Use Element of the
Comprehensive Plan calls for preservation of historic resources when redeveloping land
and buildings.
The Parking Management Advisory Board and the Community
Redevelopment Agency at their respective meetings recommended approval of the
applicant's request. Staff also recommends approval of the request.
Mayor Perlman stated if anyone from the public would like to speak in favor
or in opposition of the request, to please come forward at this time. No one from the public
came forward to address the Commission regarding the request.
There was no cross-examination or rebuttal.
The City Attorney briefly reviewed the Board Order with the Commission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
Mr. Levinson moved to approve the Board Order as presented, seconded by
Mr. Fetzer. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs.
Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote.
At this point, the time being 7:00 p.m., the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
10.
PUBLIC HEARINGS:
10.A. ORDINANCE NO. 59-06 (SECOND READING/SECOND PUBLIC
HEARING): 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) and associated reduction of lot frontage
and lot width requirements for proposed lots 20 and 25 within the subdivision at Christ the
King Monastery of St. Clare, Inc., located at the southeast corner of Sherwood Boulevard
and Sutton Place.
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
- 14-
02/06/07
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;
PROVIDING FOR A MODIFICATION OF MINIMUM
LOT REQUIREMENTS AND SETBACKS FOR
CERTAIN LOTS; SAID LAND BEING A PARCEL OF
LAND LOCATED 125 FEET SOUTH OF SHERWOOD
BOULEVARD, APPROXIMATELY 650 FEET EAST OF
MILITARY TRAIL, 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. 59-06 is on file 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 ofthe City of Delray Beach, Florida.
Mayor Perlman declared the public hearing open with the understanding that
staff will bring this ordinance back again. No one from the public came forward to address
the Commission regarding Ordinance No. 59-06.
Mrs. Ellis moved to postpone Ordinance No. 59-06 until February 20,2007,
seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mrs. Ellis -
Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mayor Perlman - Yes. Said motion passed
with a 4 to 0 vote.
10.B. ORDINANCE NO. 38-06 (SECOND READING/ADOPTION
HEARING FOR COMPREHENSIVE PLAN AMENDMENT 2007-1): Consider on
second reading an ordinance adopting Comprehensive Plan Amendment 2007-1 and
associated Future Land Use Map (FLUM) amendments. Amendment 2007-1 includes:
The caption of Ordinance No. 38-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
ADOPTING COMPREHENSIVE PLAN AMENDMENT
2007-1, PURSUANT TO THE PROVISIONS OF THE
"LOCAL GOVERNMENT COMPREHENSIVE
PLANNING AND LAND DEVELOPMENT
REGULATION ACT", FLORIDA STATUTES SECTION
163.3161 THROUGH 163.3243, INCLUSIVE; ALL AS
- 15 -
02/06/07
office. )
MORE P ARTICULARL Y DESCRIBED IN EXHIDIT "A"
ENTITLED "COMPREHENSIVE PLAN AMENDMENT
2007-1" AND INCORPORATED HEREIN BY
REFERENCE; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
1
(The official copy of Ordinance No. 38-06 is on file in the City Clerk's
A. Text Amendments:
b Future Land Use Element - Modification of the Commerce
FLUM designation to allow residential development within a
designated overlay district, subject to providing workforce
housing.
ii. Future Land Use Element - Modification of Mixed Use
Categories to add a description for the new "Congress Avenue
Mixed Use" designation, including provisions for maximum
densities and intensities, workforce housing and a transit-
oriented development overlay near the tri-rail station; and to
delete the description for the "Redevelopment Areas"
designation.
iii. Future Land Use Element - Amendment of Table L-7, Land
Use Designation/Zoning Matrix, to accommodate the new
Congress Avenue Mixed Use Designation.
iv. Future Land Use Element - Modification of Policy A-7.2 to
include the provision of workforce housing in the MROC
(Mixed Residential Office Commercial) zoning district which
encompasses the new Congress Avenue Mixed Use
designation. Language is also added to support a text
amendment to allow residential development within workforce
housing overlay districts in the CMR (Commerce) FLUM
designation when a minimum of 25% of the units are
workforce housing.
Y: Future Land Use Element - Modification of Policy A-7.4 to
increase the time for workforce housing units, constructed
under the FamilylW orkforce Housing Program, to remain
affordable from 30 to 40 years.
- 16 -
02/06/07
vi. Future Land Use Element - Modification of Policy A-2.4 to
reflect elimination of the potential for automobile dealerships
between NE 5th Street and George Bush Boulevard.
vii. Future Land Use Element - Modification of Policy A-l.9 to
support adding a new mixed-use Future Land Use Map
designation and zoning district within the Congress Avenue
Corridor. The new designation permits Commercial, Office and
Residential Development. Originally, an overlay district was to
be created and residential uses were not considered. Provisions
for maximum densities and intensities have also been added to
the policy.
viii. Capital Improvement Element - Modify Table CI-CIP (5-
Year Capital Improvements Schedule for Projects> $25,000)
to reflect adoption of the FY 2007-2011 Capital Improvement
Program.
ix. Capital Improvement Element - Modification of the General
Fund Revenue and Expenditure Five Year Forecast Table to
reflect the current Planning period.
x. Coastal Mana2ement Element - Modification of Policy C-3.5
(Reconstruction Necessitated by an Act of God) to allow
commercial structures to be rebuilt to pre-disaster use, densities
and heights when nonconforming structures within the Coastal
Planning Area are destroyed by a natural disaster. Currently,
this policy applies only to residential, hotel, motel and resort
dwelling unit structures. This amendment adds commercial
structures.
B. Future Land Use Amendments Map:
!:. qty Initiated Future Land Use Map amendment from TRN
(Transitional) in part, CMR (Commerce) in part, CF
(Community Facilities) in part and GC (General Commercial)
in part to CMU (Congress Avenue Mixed Use) for 225.5 acres,
generally located south of West Atlantic Avenue to the L-38
Canal, between Congress A venue and the CSX Railway but
including the Congress Park, Congress Park South and Office
Depot Developments located on the west side of Congress
Avenue.
ii. City Initiated Future Land Use Map amendment from County
MR-5 (Medium Density Residential 5 units per acre) to City
MD (Medium Density Residential 5-12 dulac), for an area
- 17 -
02/06/07
comprised of 3.18 acres, located on the west side of Barwick
Road, north of the L-31 Canal, adjacent to the Bexley Park
Subdivision.
1
j
iii. Privately Initiated Future Land Use Map amendment from IND
(Industrial) to CMR (Commerce) for the Depot Road property
comprising 9.00 acres, located north of West Atlantic Avenue
between Depot Road and the CSX Railroad.
iv. City Initiated amendment from GC (General Commercial) to
CC (Commercial Core) for the North Federal Highway Area
including 700 and 707 NE 6th Avenue (former O.C. Taylor
Dealership) totaling 21.6 acres, located between NE 4th Street
and George Bush Boulevard and extending from the FEC
Railroad to approximately ~ block east ofNE 6th Avenue.
The City Attorney read the caption of the ordinance.
Ron Hoggard, AICP, Principal Planner, entered the Planning and Zoning
Department project files #2006-349, #2006-202, #2006-309 into the record.
Mr. Hoggard stated the Comprehensive Plan Amendment 2007-1 (fka 2006-
1) was approved on first reading on August 1, 2006. The Amendment included three (3)
City initiated Future Land Use Map Amendments, two (2) privately initiated Future Land
Use Map Amendments, and six (6) text changes. He stated staff sent the Comprehensive
Plan Amendment 2007-1 to the Florida Department of Community Affairs for review and
received an Objections, Recommendations, and Comments (ORC) Report on December 22,
2006. There were four (4) objections in the report and three (3) of them dealt with
concurrency issues related to the Future Land Use Map amendments and the fourth related
to adding a policy given the density and intensities for the new district for the Congress
Avenue Corridor. Mr. Hoggard briefly reviewed the text amendments to the
Comprehensive Plan Amendment 2007-1. Staff recommends approval of Ordinance No.
38-06 (adopting the Comprehensive Plan Amendment 2007-1).
Mayor Perlman declared the public hearing open. There being no one from
the public who wished to address the Commission regarding Ordinance No. 38-06, the
public hearing was closed.
Prior to the vote, Mr. Levinson commented that Comprehensive Plan
Amendment 2007-1 will be the first of two Comprehensive Plans for 2007-1. Mr. Hoggard
stated staff will bring back a second text amendment at the end of Mayor the beginning of
June 2007 (Comprehensive Plan Amendment 2007-2).
Mayor Perlman confirmed that staff has 45 days to get it to DCA. Mr.
Hoggard stated DCA has 45 days after staff submits the Comprehensive Plan and it will be
submitted toward the end of this week.
- 18 -
02/06/07
Mrs. Ellis moved to approve Ordinance No. 38-06 (adopting Comprehensive
Plan Amendment 2007-1), seconded by Mr. Fetzer. Upon roll call the Commission voted
as follows: Mr. Fetzer - Yes; Mr. Levinson - Yes; Mayor Perlman - Yes; Mrs. Ellis -
Yes. Said motion passed with a 4 to 0 vote.
10.C. ORDINANCE NO. 5-07 (FIRST READING/FIRST PUBLIC
HEARING: City initiated rezoning from MIC (Mixed Industrial and Commercial), PCC
(Planned Commerce Center), POC (Planned Office Center), PC (planned Commercial),
and CF (Community Facilities) to MROC (Mixed Residential Office and Commercial) for
the area bounded by West Atlantic Avenue on the north, the C-15 canal to the south, 1-95
transportation corridor on the east and generally Congress A venue on the west together
with the Congress Park, Congress Park South and the Office Depot complexes, located just
west of Congress Avenue. If passed, a second reading, second public hearing will be
scheduled for February 20,2007.
The caption of Ordinance No. 5-07 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
REZONING AND PLACING LAND PRESENTLY
ZONED MIC (MIXED INDUSTRIAL AND
COMMERCIAL) DISTRICT IN PART, PCC
(PLANNED COMMERCE CENTER) DISTRICT IN
PART, POC (pLANNED OFFICE CENTER) DISTRICT
IN PART, PC (pLANNED COMMERCIAL) DISTRICT
IN PART, AND CF (COMMUNITY FACILITIES)
DISTRICT IN PART TO MROC (MIXED
RESIDENTIAL, OFFICE AND COMMERCIAL)
DISTRICT; SAID LAND BEING PARCELS OF LAND
GENERALLY LOCATED WITHIN THE AREA
BOUNDED ON THE NORTH BY WEST ATLANTIC
AVENUE, ON THE SOUTH BY THE C-15 CANAL,
ON THE EAST BY 1-95, ON THE WEST BY
CONGRESS AVENUE, AND TOGETHER WITH THE
CONGRESS PARK, CONGRESS PARK SOUTH AND
OFFICE DEPOT COMPLEXES, LOCATED ruST
WEST OF CONGRESS A VENUE 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. 5-07 is on file in the City Clerk's
- 19-
02/06/07
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.
, "1
~
~
E
Paul Dorling, Director of Planning and Zoning, stated this is a City-initiated
rezoning from MIC (Mixed Industrial and Commercial), POC (Planned Office Center), CF
(Community Facilities), PC (planned Commercial), and PCC (Planned Commerce Center)
to MROC (Mixed Residential, Office and Commercial). The rezoning action involves 63
parcels totaling 225.50 acres located within the Congress Avenue Corridor development
area. A City initiated Comprehensive Plan Amendment establishing the Congress Avenue
Mixed Use Land Use Map category and changing the land use designation of parcels in the
Congress Avenue Corridor is being processed as part of Comprehensive Plan Amendment
2007-1 and is being considered concurrently. On December 5, 2006, the City Commission
created a new zoning district MROC (Mixed Residential, Office and Commercial). This
rezoning furthers the policies of the Comprehensive Plan which call for the creation of an
overlay district for the Congress Avenue Corridor to facilitate and encourage development
of Class A Corporate Office Space as well as encouraging a creation of mixed use
developments as well as Housing policies that relate to encouraging and providing diverse
housing through innovative opportunities i.e. workforce housing and transit oriented
housing through innovative development practices.
At is meeting of January 22, 2007, the Planning and Zoning Board
considered the rezoning and two people from the public spoke. One with a request for a
traffic light at N.W. 29th Street and the other inquired about what water conservation
initiatives were included in the action. The Board recommended. approval with a 6 to 0
vote. Mr. Dorling stated for the record through the creation of the land use category and
the zoning category was a concern by Mr. Elmore who owns the Hardrives Facility has
noted that he is a 24/7 operation and that as people design around his site particularly with
residential uses that they take that into account. Staff recommends approval on First
ReadinglFirst Public Hearing.
The City Attorney stated there will be a quasi-judicial and public hearing on
February 20, 2007.
Mayor Perlman declared the public hearing open. There being no one from
the public who wished to address the Commission regarding Ordinance No. 5-07, the
public hearing was closed.
Mr. Levinson moved to approve Ordinance No. 5-07 on First ReadinglFirst
Public Hearing, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows:
Mr. Levinson - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes. Said
motion passed with a 4 to 0 vote.
10.D. 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
- 20-
02/06/07
Way. (Quasi-Judicial Hearing)
The caption of Ordinance No. 79-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY 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
NORTHEAST CORNER OF SOUTH FEDERAL
HIGHWAY (U.S. HIGHWAY NO.1) AND FLADELL'S
WAY (AVENUE "F"), 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.
office. )
(The official copy of Ordinance No. 79-06 is on file in the City Clerk's
The City Attorney read the caption of the ordinance.
At this point, Commissioner Levinson stepped away from the dais.
Mr. Fetzer moved to approve to postpone Ordinance No. 79-06 to March 5,
2007 at 7 :00 p.m., seconded by Mrs. Ellis. Upon roll call the Commission voted as
follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes. Said motion passed
with a 3 to 0 vote.
At this point, Commissioner Levinson returned to the dais.
10.E. ORDINANCE NO. 69-06 (SECOND READING/SECOND 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 NE 6th Avenue (former O.C. Taylor dealership)
with a combined total of 21.6 acres, located between NE 4th Street and George Bush
Boulevard and extending from the FEC Railroad to approximately Y2 block east of NE 6th
Avenue. (Quasi-Judicial Hearing)
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
- 21 -
02/06/07
COMMERCIAL) DISTRICT IN PART TO CBD
(CENTRAL BUSINESS) DISTRICT; SAID LAND
BEING PARCELS OF LAND GENERALLY LOCATED
BETWEENNE 4TH STREET AND GEORGE BUSH
BOULEVARD AND EXTENDING FROM THE FEC
RAILROAD TO APPROXIMATELY 1t 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.
't
~
,
;,
~
(The official copy of Ordinance No. 69-06 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.
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor Perlman asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose.
:O!
..
Ron Hoggard, AICP, Principal Planner, entered the Planning and Zoning
Department proj ect file #2006-310 into the record.
Mr. Hoggard stated this is the area that was discussed with the
Comprehensive Plan Amendment. The rezoning is to do the same area and go from AC
(Automotive Commercial) and GC (General Commercial) to CBD (Central Business
District). This area was originally privately initiated as the Comprehensive Plan
Amendment was and now it is City initiated.
At its meeting of November 20, 2006, the Planning and Zoning Board
reviewed this item and found it to be consistent with the positive findings with respect to
the rezoning findings 2.4.5(0)(5) as well as Chapter 3 findings and recommended approval
to the Commission. Mr. Hoggard noted that the applicant withdrew their application.
Mayor Perlman stated if anyone from the public would like to speak in favor
or in opposition of the rezoning, to please come forward at this time. There being no one
from the public who wished to address the Commission regarding the rezoning, the public
hearing was closed.
- 22-
02/06/07
Mrs. Ellis moved to adopt Ordinance No. 69-06 on Second Reading/Second
Public Hearing, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows:
Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes. Said
motion passed with a 4 to 0 vote.
10.F. ORDINANCE NO. 70-06: City initiated annexation and rezoning from
County AR (Agricultural Residential) to City RM-8 (Residential Medium Density 8 du/ac)
in part for an area totaling 3.18 acres located on the west side of Barwick Road, north of
the L-31 Canal, adjacent to the Bexley Park Subdivision. (Quasi-Judicial Hearing)
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 DELRA Y BEACH, A
PARCEL OF LAND LOCATED ON THE SOUTH SIDE
OF 133RD ROAD SOUTH, 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.
office.)
(The official copy of Ordinance No. 70-06 is on file in the City Clerk's
The City Attorney read the caption of the ordinance. A quasi-judicial
hearing was held having been legally advertised in compliance with the laws of the State of
Florida and the Charter ofthe City of Delray Beach, Florida.
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor Perlman asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2006-357 and #2006-358 into the record.
- 23 -
02/06/07
Mr. Dorling stated this is a City owned parcel containing 3.18 acres of land
located along the south side of 133rd Road South. The property is in the City's annexation
area (Annexation Area "E") and this is consistent with the Comprehensive Plan policies
that call for annexing property when appropriate. The land use amendment related to this
is being processed as part of Comprehensive Plan Amendment 2007-1 (which the City
Commission approved this evening on Second and FINAL Reading). Mr. Dorling stated
this is an annexation and change from County zoning AR (Agricultural Residential) to City
RM-8 (Residential Medium Density, 5-8 du/ac) that would restrict the maximum density to
8 units to the acre or less.
1
E
At its meeting of July 17, 2006, the Planning and Zoning Board held a
public hearing and after reviewing the Board recommended approval with a 6 to 1 vote to
recommend approval.
Mayor Perlman stated if anyone from the public would like to speak in favor
or in opposition of Ordinance No. 70-06, to please come forward at this time. There being
no one from the public who wished to address the Commission regarding Ordinance No.
70-06, the public hearing was closed.
Mr. Fetzer moved to adopt Ordinance No. 70-06 on Second and FINAL
Reading, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs.
Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mayor Perlman - Yes. Said motion
passed with a 4 to 0 vote.
10.G. ORDINANCE NO. 3-07: Future Land Use Map amendment (small-scale)
from County LR-l (Low Density Residential 1 du/ac) to City LD (Low Density Residential
0-5 du/ac) and rezoning from County AR (Agricultural Residential) to City R-l-AA
(Single Family Residential) for a 0.72 acre property located at 2200 Lake Drive. (Quasi-
Judicial Hearing)
The caption of Ordinance No. 3-07 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 COUNTY LR-l
(LOW RESIDENTIAL 1 DU/AC); 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 COUNTY AR
(AGRICULTURAL RESIDENTIAL) TO R-l-AA
(SINGLE FAMILY RESIDENTIAL) DISTRICT; SAID
LAND BEING A PARCEL OF LAND LOCATED AT
THE NORTHWEST CORNER OF LAKE DRIVE AND
- 24-
02/06/07
NW 22ND STREET, 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. 3-07 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance. A quasi-judicial
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.
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor Perlman asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2006-311 and #2006-312.
Mr. Dorling stated this is a 0.72 acre parcel located at 2200 Lake Drive. On
September 19,2006, the property was annexed into the City of Delray Beach via Ordinance
No. 44-06. This ordinance included a small scale amendment and rezoning. However,
DCA (Department of Community Affairs) has objected to this part of the ordinance as it
was enacted prior to the adoption of the EAR (Evaluation and Appraisal Report)
amendment. Therefore, staff is requesting that the Commission re-adopt the Small Scale
Future Land Use Map amendment and rezoning portion of the original application. Mr.
Dorling stated this parcel was de-annexed at the end of last year from Boynton Beach and
is more appropriately located in Delray Beach.
At its meeting of August 21, 2006, the Planning and Zoning Board
considered this request and there was public testimony in opposition related to traffic
increase and concerns that future development could include a zero lot line development.
Mr. Dorling stated there was some confusion over what the land use designation would
allow (0-5 du/ac). Mr. Dorling stated this is the same land use and zoning as the
surrounding subdivision and is proposed to be developed in a like form. Staff recommends
approval of Ordinance No. 3-07.
Mayor Perlman stated if anyone from the public would like to speak in favor
or in opposition of Ordinance No. 3-07, to please come forward at this time. There being
no one from the public who wished to address the Commission regarding Ordinance No. 3-
07, the public hearing was closed.
- 25-
02/06/07
Mrs. Ellis moved to adopt Ordinance No. 3-07 on Second and FINAL
Reading, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr.
Fetzer - Yes; Mr. Levinson - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion
passed with a 4 to 0 vote.
1
j
10.H. ORDINANCE NO. 4-07: Future Land Use Map amendment (small-scale)
from County LR-3 (Low Density Residential 3 du/ac) to City TRN (Transitional) and
rezoning from CG/SE (Commercial GeneraVSpecial Exception) to City zoning of SAD
(Special Activities District) for a 0.99 acre property, to be known as Robotic Space Savers
located at the southwest corner of Conklin Drive and Military Trail. (Quasi-Judicial
Hearing)
The caption of Ordinance No. 4-07 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 COUNTY LR-3
(LOW RESIDENTIAL - 3 DU/ AC); TO TRN
(TRANSITIONAL), ELECTING TO PROCEED UNDER
THE SINGLE HEARING ADOPTION PROCESS FOR
SMALL SCALE LAND USE PLAN AMENDMENTS;
AND REZONING AND PLACING LAND PRESENTLY
ZONED COUNTY CG/SE (COMMERCIAL
GENERAUSPECIAL EXCEPTION) TO SPECIAL
ACTIVITIES DISTRICT (SAD) DISTRICT; SAID
LAND BEING A PARCEL OF LAND LOCATED AT
THE SOUTHWEST CORNER OF CONKLIN DRIVE
AND MILITARY TRAIL, AS MORE PARTICULARLY
DESCRIBED HEREIN; AMENDING "ZONING MAP
OF DELRAY BEACH, FLORIDA, MARCH 2006";
PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
office. )
(The official copy of Ordinance No. 4-07 is on file in the City Clerk's
The City Attorney read the caption of the ordinance. A quasi-judicial
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.
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor Perlman asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose.
- 26-
02/06/07
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2006-59 and #2006-60 into the record.
Mr. Dorling stated this is a 0.99 acre property and has a County CG/SE
(Commercial General/Special Exception) zoning designation and staff is proposing to
change this to City SAD (Special Activities District) and change the land use from County
LR-3 (Low Residential- 3 du/ac) to City TRN (Transitional). This property is currently in
the City of Delray Beach and was annexed on July 25, 2006 along with the small scale
FLUM amendment and rezoning application. He stated DCA (Department of Community
Affairs has objected to this part of the ordinance, as it was enacted prior to the adoption of
the EAR (Evaluation and Appraisal Report) on October 23, 2007. To address this issue,
staff is re-adopting the small scale amendment and rezoning.
Mr. Dorling stated on May 24,2007, the site plan was reviewed and denied
by the Site Plan Review and Appearance Board (SPRAB). On July 25, 2006, the City
Commission approved Ordinance No. 5-06 annexing the subject property in the City of
Delray Beach, and during this same meeting the City Commission heard the appeal for
Robotic Space Savers and overturned the SPRAB denial of the Class V site plan, landscape
plan, and architectural elevations. Positive findings for these actions were made by the
City Commission at this meeting.
Michael Weiner. Attornev with Weiner and Aronson. P.A.. 102 North
Swinton Avenue. Delrav Beach (representing the applicant), stated the substantial burden
of proof has been met.
Mayor Perlman stated if anyone from the public would like to speak in favor
or in opposition of Ordinance No. 4-07, to please come forward at this time.
Alice Finst. 707 Place Tavant. Delrav Beach. stated she has spoken on this
project before at SPRAB and at the Commission meeting. She expressed concern that the
building will be close to 50 feet in height. She stated she is particularly concerned about
the noise and hours of operation and how this will affect the adjacent property owners.
Mrs. Finst stated she is very concerned about what is going to happen to this area and feels
this is not accommodating the residential areas or the ambience of Military Trail. Mrs.
Finst urged the Commission to look into this again.
There being no .one else from the public who wished to give testimony on
this item, the public hearing was closed.
Mr. Fetzer moved to adopt Ordinance No. 4-07 on Second and FINAL
Reading, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mr.
Levinson - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes. Said motion
passed with a 4 to 0 vote.
- 27-
02/06/07
10.1. RESOLUTION NO. 4-07/CONTRACT FOR SALE AND PURCHASE
OF PROPERTY/COMMUNITY REDEVELOPMENT AGENCYIINTERLOCAL
AGREEMENT/145 SW 12TH AVENUE: Consider approval of Resolution No. 4-07
authorizing the City to purchase property, located at 145 SW lzth Avenue, to provide land
to be used in conjunction with the Neighborhood Resource Center; and approve Contract
for Sale and Purchase between the City and the Community Redevelopment Agency
(CRA) in the amount of $10.00; and approve an Interlocal Agreement between the City and
the Community Redevelopment Agency (CRA) providing that the CRA shall pay for the
construction costs ofthe conversion while the City shall oversee such construction.
1
~
~
~
The caption of Resolution No. 4-07 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AUTHORIZING THE CITY TO PURCHASE FROM
SELLER CERTAIN REAL PROPERTY IN PALM
BEACH COUNTY, FLORIDA, AS DESCRIBED
HEREIN, HEREBY INCORPORATING AND
ACCEPTING THE CONTRACT STATING THE
TERMS AND CONDITIONS FOR THE SALE AND
PURCHASE BETWEEN THE SELLER AND THE
CITY OF DELRA Y BEACH, FLORIDA.
(The official copy of Resolution No. 4-07 is on file in the City Clerk's
office.)
Mayor Perlman declared a conflict of interest, passed the gavel to Vice
Mayor Ellis and stepped down from the dais.
The City Attorney stated Resolution No. 4-07 contains a contract for sale
and purchase of property that the City of Delray Beach would like to buy from the
Community Redevelopment Agency (CRA) and the purchase price is $10.00 and will
provide for the expansion of the Neighborhood Resource Center and the CRA will pay the
construction costs of the conversion while the City of Delray Beach will oversee the
construction.
Vice Mayor Ellis declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Resolution No. 4-07, the
public hearing was closed.
Mr. Fetzer moved to approve Resolution No. 4-07, seconded by Mr.
Levinson. Upon roll call the Commission voted as follows: Vice Mayor Ellis - Yes; Mr.
Fetzer - Yes; Mr. Levinson - Yes. Said motion passed with a 3 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.
- 28-
02/06/07
11.A.
City Mana2er's response to prior public comments and inquiries.
The City Manager had no response to prior public comments and inquiries.
H.B. From the Public. .
H.B.l. Vire:inia Snyder. 200 S. Swinton Avenue. Delrav Beach. expressed
concern over the park at the south end of Swinton Avenue before S.W. 10th Street. She
stated the City crews are parking their vehicles there because it is in the shade. Mrs.
Snyder stated this area is a low area that stays wet. Mrs. Snyder stated when the vehicles
leave long stretches of sod are dug up.
At this point, the time being 7:42 p.m., the Commission moved back to Item
9.F. of the Regular Agenda.
9.F. REJECTION OF BIDS/BEXLEY TRAIL COMMUNITY PARK
IMPROVEMENTS PROJECT: Consider rejection of all bids received for the Bexley
Trail Community Park Improvements Project and authorize staff to re-bid this project.
Richard Hasko, Director of Environmental Services, stated this is a request
and recommendation from staff for a rej ection of bids that were received from Bexley Trail
Community Park. He stated two bids were received; one from Welling Construction, Inc.
and West Construction, Inc. The low bidder (Welling Construction, Inc.) was not able to
meet the City's bonding requirements. Mr. Hasko stated staff has been working with the
City Attorney's office to try and resolve the issues with the bond format. Mr. Hasko stated
it would not be considered equitable to award this project to the low bidder because there is
a potential that other contractors might have bid without those other bid restrictions. Staff
recommends approval of the rejection of all bids received for the 2004-060 Bexley Trail
Community Park Improvements Project and authorizes staff to re-bid this project after the
bond forms have been re-evaluated.
Mrs. Ellis moved to approve to authorize staff to reject all bids received for
the Bexley Trail Community Park Improvements Park Project and authorize staff to re-bid
the contract, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows:
Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mayor Perlman - Yes. Said
motion passed with a 4 to 0 vote.
9.G. WESTERN/SENIOR COMMUNITY CENTER NAMING CONTEST:
Provide direction regarding the proposed names for the Western/Senior Community Center.
Joe Weldon, Director of Parks and Recreation, stated the Parks and
Recreation Department held a contest for the naming of the new Western Senior
Community Center. Staff reviewed 254 applications submitted by residents. The
Committee came up with three recommendations for the City Commission to select from:
(1) The Delray Beach Family Recreation & Fitness Center, (2) Delray Beach Community
L.I.F.E. (Leisure Interaction Fitness Education) Center, and (3) Delray Omni Center.
- 29-
02/06/07
Mrs. Ellis moved to approve the name The Delray Beach Family Recreation
& Fitness Center for the new Western/Senior Community Center, seconded by Mr. Fetzer.
Upon roll call the Commission voted as ~ol1ows: Mr. Fetzer - Yes; Mr. Levinson - Yes;
Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a 4 to 0 vote.
".1.
. .
j
9.H. MARLOWE AND COMPANY/PROPOSAL FOR FEDERAL
LOBBYING SERVICES: Consider a proposal with Marlowe and Company to provide
Federal Lobbying Services for the City of Delray Beach.
Doug Smith, Assistant City Manager, stated staff was approached by
Howard Marlowe of Marlowe and Company, a firm that specializes in lobbying for public
entities and non-profits. Mr. Smith stated in addition to their lobbying services they also
can provide assistance in the grant area. At this point, he stated there is no one representing
the City of Delray Beach with lobbying at a federal level. Mr. Smith stated if the
Commission is interested in exploring this further, Mr. Marlowe will likely be able to
attend the February 13,2007 Special/Workshop meeting.
Mayor Perlman stated it is a good idea to have a voice in Washington. He
stated he likes the concept; however, he does not like to purchase anything without seeing
the person. Mayor Perlman stated two other firms were recommended to him (Artemis
Strategies and Alcalde and Fay).
Mr. Levinson stated Boca Raton and the County has Federal lobbyists. He
suggested that if there are other cities in Palm Beach County that are using a lobbying firm
that staff find out who they are and ifthey are happy with them.
1
t
,
Mayor Perlman stated the advice he was given was to look for a firm with a
Bi-Partisan Company that specializes in municipal appropriations.
After brief discussion, it was the consensus of the Commission to direct staff
to contact Mr. Marlowe and other firms to make a presentation at the Special/W orkshop
meeting.
9.1. MANAGEMENT/STAFFING AGREEMENT/MAE VOLEN SENIOR
CENTER. INC.: Consider approval of a Management/Staffing Agreement between the
City and Mae Volen Senior Center, Inc. to provide programming for senior citizens and
continue its Alzheimer operations at the Western/Senior/Community Center.
The City Attorney stated Mae Volen currently has a lease with the City of
Delray Beach for the Alzheimer's Day Care Facility and this is an extension of the
agreement. She stated this is a three (3) year agreement and briefly reviewed the general
terms of the agreement.
Mr. Levinson stated he is embarrassed to be Jewish when the Jewish
Federation and their affiliates conduct themselves the way Ruth Rales has through this
entire process.
- 30-
02/06/07
Mayor Perlman stated he does respect the Jewish Federation and its
affiliates. However, he did feel by copying the Congressional Delegation and the State
Senators, etc. he felt it was done to influence his decision. Mayor Perlman stated to their
credit, he did not receive calls from any elected officials; however, he did receive calls
from a few aides. Mayor Perlman stated this goes back to home rule and emphasized that
this is a local decision and he does not need his Congressman or State Senator to tell us
how to serve our senior citizens. He stated he is very comfortable with Mae V olen and
looks forward to a long relationship with them.
Mr. Levinson moved to approve the extension of the existing agreement,
seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mr. Levinson _
Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes. Said motion passed with a
4 to 0 vote.
9.J. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint one
(1) alternate member to the Board of Adjustment for an unexpired term ending August 31,
2007. Based upon the rotation system, the appointment will be made by Commissioner
Levinson (Seat #3).
Mr. Levinson moved to reappoint Sigurdur Hardester as an alternate
member to the Board of Adjustment for an unexpired term ending August 31, 2007,
seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mayor Perlman
- Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes. Said motion passed with a
4 to 0 vote.
9.K. APPOINTMENTS TO THE BOARD OF CONSTRUCTION
APPEALS: Appoint three (3) regular members to the Board of Construction Appeals to
serve two (2) year terms ending August 31, 2008. Based upon the rotation system, the
appointments will be made by Commissioner Levinson (Seat #3), Commissioner Montague
(Seat #4), and Mayor Perlman (Seat #5).
Mr. Levinson moved to reappoint Anthony Spirelli as a regular member to
the Board of Construction Appeals to serve a two (2) year term ending August 31, 2008,
seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mrs. Ellis _
Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mayor Perlman - Yes. Said motion passed
with a 4 to 0 vote.
Due to her absence, Commissioner Montague's appointment will be
deferred to the meeting of February 20, 2007.
Mayor Perlman stated he wished to reappoint James Houck as a regular
member to the Board of Construction Appeals to serve a two (2) year term ending August
31, 2008. Mr. Levinson so moved, seconded by Mrs. Ellis. Upon roll call the Commission
voted as follows: Mr. Fetzer - Yes; Mr. Levinson - Yes; Mayor Perlman - Yes; Mrs. Ellis
- Yes. Said motion passed with a 4 to 0 vote.
- 31 -
02/06/07
9.L. APPOINTMENT TO THE NUISANCE ABATEMENT BOARD:
Appoint one (1) regular member to the Nuisance Abatement Board for an unexpired term
ending March 31, 2008. Based upon the rotation system, the appointment will be made by
Commissioner Levinson (Seat #3).
~l
,
i
. ~
Mr. Levinson moved to reappoint Eileen Marks as a regular member to the
Nuisance Abatement Board for an unexpired term ending March 31, 2008, seconded by
Mrs. Ellis. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Mayor
Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes. Said motion passed with a 4 to 0 vote.
9.M. SPECIAL EVENT REQUESTIDELRAY BEACH FILM FESTIVAL:
Approve a request to endorse the 2nd Annual Delray Beach Film Festival proposed to be
held from March 13 through March 18, 2007; to grant a temporary use permit per LDR
Section 2.4.6(F) for the closure ofNW 15t Street on March 13,2007 from 9:00 p.m. - 2:00
a.m., for the evenf party at DaDa's; to approve the reservation of sixteen (16) tee times at
the Municipal Golf Course on March 15,2007 beginning at 9:00 a.m. for a golf outing; to
approve the use of the south end of the beach on March 17,2007 from 8:00 a.m. to 12:00
p.m. for a surfing demonstration and contest; to approve the use of the beach on March 16,
2007 from 10:00 a.m. - 6:00 p.m., for Beach Tennis in front of the Marriott and Boston's
On The Beach; to authorize staff support for the traffic control and security for the street
closure and event signage; contingent on the receipt of a hold harmless agreement and
receipt of the certificate of liability insurance.
Robert A. Barcinski, Assistant City Manager, stated this item is a request for
the City Commission to endorse the 2nd Annual Delray Beach Film Festival proposed to be
held March 13-18,2007, to grant a temporary use permit for the closure ofN.W. 1st Street
on March 13,2007 from 9:00 p.m. - 2:00 a.m., for the event party at DaDa's, approve the
reservation of sixteen (16) tee times at the Municipal Golf Course on March 15, 2007
beginning at 9:00 a.m., for a golf outing; to approve the use of the south end of the beach
on March 17, 2007 from 8:00 a.m. - 12 noon for the surfing demonstration and contest,
approve the use of the beach on March 16, 2007 from 10:00 a.m. - 6:00 p.m. for Beach
Tennis in front of the Marriott and Boston's on the Beach, and authorize staff support for
the traffic control and security for the street closure and event signage. Dr. Posner intends
to utilize the Crest Theater and Pavilion at Old School Square as well as the Regal Cinema
to show the films. City staff services are needed for the street closure request for
barricading, traffic control and security. The estimated overtime costs for staff is
$1,100.00. Per event policies and procedures, there would be no charge for these costs.
Staff recommends approval with the following conditions: (1) Receipt of a certificate of
event liability insurance by March 3, 2007, (2) Receipt of an executed copy of a rental
agreement with Old School Square by February 19, 2007, (3) Receipt of a Hold Harmless
Agreement by February 19,2007, and (4) Approval of the street closure request to no later
than midnight on March 13,2007, with no outdoor amplified music after 11 :00 p.m.
- 32-
02/06/07
Mr. Levinson moved to approve the Special Event Request for the 2nd
Delray Beach Film Festival with conditions 1-4 as recommended by staff, seconded by
Mrs. Ellis. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs.
Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote.
At this point, the time being 8:02 p.m., the Commission moved to Item 12,
First Readings.
12.
FIRST READINGS:
12.A. ORDINANCE NO. 2-07: Privately initiated amendments to the Land
Development Regulations (LDR), Article 4.7, "Family Workforce Housing," Section 4.7.9
"General Provisions," to allow one (1) bedroom units in the Workforce Housing Program.
Ifpassed, a public hearing will be scheduled for February 20,2007.
The caption of Ordinance No. 2-07 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 4.7.9, "GENERAL
PROVISIONS", TO CLARIFY THE TYPE AND
NUMBER OF CERTAIN UNITS ALLOWED;
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
office. )
(The official copy of Ordinance No. 2-07 is on file in the City Clerk's
The City Attorney read the caption of the ordinance.
Paul Dorling, Director of Planning and Zoning, stated this is the
Family/W orkforce Housing ordinance originally approved on December 6, 2004 to
encourage workforce housing. The proposed amendment includes provisions to cap the
number of one-bedroom units to no more than 30% of the total units in the project and to
prohibit efficiency and studio type units. Additionally, the requirement that the ratio
between market rate and workforce units be consistent by unit type has been expanded to
include one-bedroom units.
At its meeting of January 22, 2007, the Planning and Zoning Board
considered the text amendment and no one from the public spoke on the amendment.
After discussing the proposal, the Board voted 5 to 0 (Krall stepped down) to recommend
approval.
- 33 -
02/06/07
Mr. Fetzer moved to approve Ordinance No. 2-07 on FIRST Reading,
seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs. Ellis -
Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mayor Perlman - Yes. Said motion passed
with a 4 to 0 vote.
'1
~
j
l2.B. ORDINANCE NO. 71-06: Privately initiated rezoning from I (Industrial)
in part and OS (Open Space) in part to MIC (Mixed Industrial and Commercial) for a 10.7
acre property located along Depot Road north of the Old Train Station, between the CSX
Railroad and 1-95. Ifpassed, a public hearing will be scheduled for February 20,2007.
The caption of Ordinance No. 71-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
REZONING AND PLACING LAND PRESENTLY
ZONED I (INDUSTRIAL) DISTRICT IN PART AND
OS (OPEN SPACE) DISTRICT IN PART 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 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. 71-06 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 the property the
Commission has seen this evening with respect to the Comprehensive Plan 2007-1 changes.
This is a slight change from what was considered at the Planning and Zoning Board's
meeting of July 17, 2006 as it relates to re-aligning the road.
At its meeting of July 17, 2006, the Planning and Zoning Board held a
public hearing in conjunction with the request and there was no public testimony. After
discussing the proposal, the Board voted 6 to 0 to recommend that the request be approved.
Mrs. Ellis moved to approve Ordinance No. 71-06 on FIRST Reading,
seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Fetzer -
Yes; Mr. Levinson - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said motion passed
with a 4 to 0 vote.
- 34-
02/06/07
13.
COMMENTS AND INomRIES ON NON-AGENDA ITEMS.
13.A.
City Mana2er
At its meeting of January 2,2007, Mayor Perlman expressed concern from
Mr. Tony Samra about Rocky's Restaurant having speakers outside late at night creating a
great deal of noise, the City Manager stated the Code Enforcement officer assigned to the
downtown has spoken with the business owner about placing speakers outside. He has
been given a verbal warning in the past during Jazz on the Avenue. At this point, the City
Manager stated he is subject to the civil citation procedure for future violations. Staff has
also been in touch with Clean and Safe, staff, and the Police Department regarding this
issue so that they are all alerted to it. The City Manager stated he hopes the business owner
will comply now that further contacts have been made. However, if he does not, staff is
prepared to issue citations.
13.B. City Attornev
The City Attorney had no comments and inquiries on non-agenda items.
13.C.
l3.C.l.
City Commission
Mr. Fetzer
Mr. Fetzer stated he is glad to see that the City of Delray Beach recognized
Mr. Fred Sergio for his 90th birthday and was pleased to represent Mayor Perlman at Mr.
Sergio's surprise 90th birthday party.
~
Secondly, Mr. Fetzer stated he attended a Sunday Musical Matinee at the
Delray Beach Library which is held the last Sunday of every month at 2:00 p.m. and
commented he was thrilled to see a concert ofthat quality that was so well attended.
l3.C.2.
Mrs. Ellis
Mrs. Ellis stated she received several telephone calls in support of the Town
Hall meeting and the new roundtable format that was chosen this year. She commented
that she received good feedback from the public.
13.C.3.
Mr. Levinson
Mr. Levinson thanked Commissioner Fetzer for overseeing the supervising
of the garage fire at his home. In addition, he thanked the Police Department and Fire
Department for their speedy response.
Secondly, he stated the Florida Housing Finance Corporation did approve
Mary Place (West Palm Housing Authority effort) and the Midtown Developers (on
Blood's Hammock) for a $5 million grant which provide approximately 32 units of
- 35-
02/06/07
workforce housing that will be owned and resold and the land kept into the land trust for
affordability in the future. Mr. Levinson thanked the Chamber of Commerce, the City of
Delray Beach, and the Community Land Trust (CLT).
" 1
~
j
Mr. Levinson stated he received emails from people who attended the
roundtable format who informed him that it was hugely successful compared to some of the
Town Hall meetings in the past. He apologized for missing the meeting and noted he was
on a cruise with his parents who have been married for 59 years.
He commented about a letter he received from the Business Forum. Mr.
Levinson stated he would like the City Manager to send a copy of the City's budget to
Mike Jones who is leading this on behalf of the Economic Council of Palm Beach County.
Mr. Levinson stated he would be happy to deliver the City's budget to Mr. Jones and ask
him to make suggestions regarding cuts in the budget.
Mr. Levinson stated an email blast was forwarded to him by "Save Delray"
which talked about unresponsive government. He stated people know we have an open and
responsive government.
He stated the Hometown Connection Newsletter was fabulous. Mr.
Levinson publicly apologized to Rich Pollack for not yet calling him back about an email
he sent. Mr. Levinson stated this may be the nicest annual report and feels a picture is
worth a thousand words. Mr. Levinson stated he was approached by several people at the
tennis tournament Friday evening who told him how much they appreciate it. Mr.
Levinson expressed kudos to Rich Pollack and Doug Smith.
Lastly, Mr. Levinson thanked City staff Lula Butler, George Diaz, and Russ
Accardi for their help as well especially after the fire helping his family through the process
of trying to get the property back together again.
13.C.4.
Mavor Perlman
Mayor Perlman commented about the tennis event and stated the finals were
played on Monday due to the rain on Sunday. He stated approximately 500-600 people
attended the finals and noted the new seats with the backs were installed and they look
great.
Secondly, he stated prior to the Roundtable meeting on January 30, 2007
there was a Public Art Advisory Board meeting. Mayor Perlman stated it was a great
meeting and there are some terrific ideas that were done inexpensively. Mayor Perlman
suggested that the PowerPoint be made available for the Commission to see either at a
future Workshop meeting or just at their own leisure. He noted there are some real creative
things going on across the country.
- 36-
02/06/07
Mayor Perlman stated he went to Cason United Methodist Church on
Sunday and was happy to see the City Attorney's study circle there in support of the church
which had its marquee vandalized with a racial epithet. He stated it was a very moving
service and a great bonding experience for the community. Mayor Perlman noted it was
Boy Scout Day and there were many young people at the church and he feels they received
a very good life lesson along with the service.
The Roundtable format worked as well as he hoped it would and he
continues to get positive feedback on it. He stated people were very appreciative of being
able to network with each other and also with department heads. Mayor Perlman stated
people were appreciative of department heads staying late and being able to get to know
them as people. He stated in American City and County Government Magazine, the
Editor's note talks about communication in general and explains that in this day and age
where we are bombarded by messages all the time that the only way to get through to
somebody is to sit them down and engage them and give them an opportunity to interact.
Mayor Perlman stated he hopes this format will continue in the future.
Mayor Perlman stated Otis White with Governing Magazine has written a
few stories on Delray Beach over the years and the new magazine that came out is his
"swan song". Mr. White has written 1,200 columns and he is moving on. He stated Mr.
White's consulting firm is doing a study on how communities make big decisions. Mayor
Perlman stated Mr. White wrote back explaining that he believes his research will
encompass Delray Beach because he uses it as an example of a city that does a lot in the
areas of civic engagement. Mayor Perlman stated the study will begin in March and he
feels it will be an interesting study for future elected officials and City Managers on how
communities make decisions.
Mayor Perlman thanked Janet Meeks and Dr. Debra Kaiser for the
upcoming Education Auction on Monday night. He stated it will be the most successful
auction we have ever had because they have sold more tickets than ever and have more
sponsors. Mayor Perlman stated they are moving toward getting an endowment for our
schools which he feels is very important.
Mayor Perlman stated he was selected to receive an award (Silver
Medallion) from the NCCJ (National Conference for Community and Justice) for the
efforts with R.A.C.E. Relations. The luncheon will be held on Friday, March 9, 2007 at the
Signature Grand in Davie. He spoke about the R.A.C. E. Relations initiative on video and
this will be placed on their website and will be used at the luncheon.
He will be leaving Friday to attend a one-day League of Mayors session in
Tampa regarding Home Rule, property taxes, etc. Mayor Perlman stated there were
numerous meetings last week with Senator Atwater and Representative Hasner and both
got an earful from local mayors and managers about respecting home rule and trying to
bring some balance regarding revenue and taxation. He feels there is an issue with
commercial properties.
- 37-
02/06/07
Lastly, Mayor Perlman stated Senator Jeff Atwater brought Kevin McCarty
(Insurance Secretary) here and they want to travel the state and work with localities on how
to work on peoples' houses and help them qualify for some of their mitigation relief. He
suggested that the City of Delray Beach schedule something in this community and work
with Boynton Beach and Boca Raton. Mayor Perlman stated the City of Boca Raton held
this last year where they just open it up to the public to come and learn about different
methods to make their houses more secure in hurricanes and ways to save money. He
stated the Department of Insurance is going to host these meetings and they want to work
with local government on this.
'1
~
i
Mr. Levinson stated he has talked to several insurance brokers who stated
they have been notified by their underwriting companies that they will be withdrawing if
not all, most of their coverage from the State of Florida because the state has put measures
in place which do not fix the underlining problem. Mrs. Ellis commented on the business
tax cap. Mayor Perlman stated he explained to Representative Adam Hasner and Jeff
Atwater that the equations changed after the hurricanes and the cost of government is more
money. Mayor Perlman stated there is a problem in the State of Florida and people need
tax relief. He stated he would like to see a discussion where experts can look at Florida's
needs and figure out what the realistic cost of government is and find an equitable tax
structure that we can all work with. Mayor Perlman asked the City Manager to provide
him with an analysis that he can take with him to Tampa.
There being no further business, Mayor Perlman declared the meeting
adjourned at 8:40 p.m.
I
j
~~\~~, \J~~\
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 February
6, 2007, which Minutes were formally approved and adopted by the City Commission on
February 20, 2007
- 38-
02/06/07
~~,~.~~
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-
02/06/07
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
. DELRA Y BEACH, FLORIDA
.~
t. )
WAIVER REQUEST FORSt:AGATE HOTEL ON ATLANTIC
ORDER OF' THE CITY COMMISSION
OF THE CITY OF DELRA Y BEACH; FLORIDA
1. These waiver requests. have come before the City Commission on
February 6, 2007.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the waiver request for Seagate Hotel on
Atlantic. All of the evidence is a part of the record in this case. Required findings are
made in accordance with Subsection I. .
I. WAIVERS:
.J
(A). Pursuant to LOR Section 4.4.13(F)(3)(f), building frontage and setbaqks for
properties fronting on Atlantic Avenue or A-1-A shall comply with Table 4.4.13-1. The
applicant has requested the following waiver - ' .
~~~I~ ~:~~3~~~~v~:ss~~b~~~og~~~;J~:r~~~ti~f ~~:n~~u~~~::.e..~:J:~;' (~)
requesting a waiver to allow for the 12' of setback to cover 52% of the
frontage in order to have the rooms align with the column arcade.
Table 4.4.13-1 provides that frontage for Atlantic Avenue for the levels 3
and 4 have minimum remaining setbacks of 29'. We are requesting a
waiver to allow for the setback for levels 3 and 4 at the Venetian Drive and
Gleason Street corners to have a setback of 27' in order to align the wall
.face with a lower column and. to open up both corners to reduce
. ..
massing...
(B). Pursuant to LOR Section 4.4.13(F)(3)(h), for corner lots with Atlantic Avenue side
street frontage, the first sixty feet (60') of the building, taken from the Atlantic Avenue
property line, or if a dedication is required, from the resulting property line after
dedication shall comply with,.Table 4.4.13-1. The applicant has requested the following
waivers - .
1. .... .Table 4.4.13-1 provides that the setback requirements for buildings
constructed on Atlantic must maintain those requirements along the first
60 feet from Atlantic Avenue along the other right of way (in this case, the
first 60' along Gleason Street and Venetian Drive). In this case, the
required .minimum setback on levels 3 and 4 would be 29'. We are
requesting a waiver to allow that the remaining frontage of the 60' 'wrap' -
(~'\
\J
1
I+e.m q.C .
in this case, 33' - that the setback at level 4 be reduced from 29' to 27' in
. order to have level 4 align with the arcade column grid.....
2. To allow 49' rather 30' within 17' of the property lines within the first 60'
of Gleason Street
1
s
~
(C). Pursuant to LOR Section 4.4.13(F)(3)(i), building frontage and setbacks for
properties fronting on streets other than Atlantic Avenue or A~1-Ashall comply with
Table 4.4.13-2. The applicant has requested the following waiver -
1. On levels 1 & 2 of the proposed structure, the LDRs provide, in Table
4.4.13-2, that for buildings without arcaded frontage, that the remaining
'length of the frontage (10% to 30%) .have a minimum of 17 feet of setback
and a maximum of 22 feet of frontage. We are requesting a waiver oHhis
requirement for the following locations of the proposed structure:
a. At Venetian Drive, on lavels 1 & 2, the remaining length has a 28'
setbqck. This was done in. order to provide a greater buffer to the
residential project to the south and to provide for an open pool area.
b. On Gleason Street, on level 3, we have provided of a setback of 2~
feet. This was done in order to allow tall trucks to access and drive
through, the loading..drives which have been' provided.
- , -' ,-: -'.'
2. Table 4.4.13-2 provl(tes thaffrorltage for Gleason Streetfor the"first
two levels have setbacksQfaminimum of5feet and a maximum of1 Q
feet for 70%-90% of the structure. We are requesting a waiver to aIl9Vv',(o[
the setback of 10' for 53% of the structure in order to accommodate.ari
additional loading drive lane as requested by the City.
3. Table 4.4.13-2 provides that frontage for Gleason Street for the levels 3
_ and 4 have minimum -setb.~clss.of 17' for 50% of the structure. We- are
requesting a waiver to allow for the setback for levels 3 and 4, to h~ye a
setback of 17.5' covering 53% of the structure 'in order to acCommodate
have these level line up with the column arcade below.
4. Table 4.4.13-2 provides that frontage for Venetian Drive for the levels 3
and 4 have minimum setbacks for the remaining frontage must be a
minimum of 29'. We are requesting a waiver to allow for a minimum
.setback on levels 3 and 4 of 28' 6" due to the fact that the lot line curves in
th is area of the site.....
5. To allow a proposed building setback for the first and second floors of
29' rather than 17'-22'for the remaining length along Gleason Street that
is not included in the 60' wrap;
Pursuant to LDR Section 2.4.7(B){5), prior to granting a waiver, the approving body
shall make a finding that the granting of the waiver:
2
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of public facilities;
(c) Shall not create an unsafe situation; and,
(d) Does not result in the grant ofa special privilege in that the same waiver would
be granted under similar circumstances on other property for another applicant or
owner.
Does the waiver request to Section 4.4:13(F)(3)(f) meet all the requirements of
2.4.7(8)(5)?
Yes 4
No 0
Does the waiver request to Section 4.4.13(F)(3)(h) meet all the requirements of
2.4.7(8)(5)1
Yes 4
No 0
boes the waiver request to Section 4.4.13(F)(3)(i) meet all the requirements of
2.4.7(8)(5)?
Yes 4
No 0
3. The City Commission 'has applied the Comprehensive Plan arid LOR
requirelT!ents in existence ~t the tim~ the ,original development application. was
. submitted and finds that its determinations set forth in this Order are consistent with the
Comprehensive Plan.
4. The City Commission finds there is ample and competent 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. 8ased on the entire. record before it, tOe City Commission approves ~
denies _ the waiver requests to LOR Sections 4.4.13(F)(3)(i), 4.4.13(F)(3)(f) and
4.4.13(F)(3)(h).
6. Based on the entire record before it, the City Commission hereby adopts
this Order this 6th day of February, 2007. by a vote of. in favor and 0
opposed.
) ,
1
ATTEST:
~~.~~.~\~~~
Chevelle Nubin, City Clerk -
3
IN THE CITY COMMISSION
CHAMBERS OF THE CITY' OF
DELRA Y BEACH, FLORIDA
WAIVER REQUEST FOR WORKFORCE HOUSING LOTS
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRA Y BEACH, FLORIDA
1. These waiver requests have come before the City Commission on
February 6, 2007.
2. The Applicant ano City. staff presented documentary evidence and
testimony to the City Commission pertaining to the waiver request for the workforce
housing lots located 'at 220 SW 4th Avenue and 214 NW 8th Avenue. All ofthe evidence
is apart of the record in this case. Required findings are made. in accordan~ with
Subsection I.
I. WAIVER:
..
Pursuant to LOR Section 4.1.4(D} workforce housing units with forty (40) feet of
frontage must meet the. typical designs represented by the sketches set fortH in SectiOn...
.4.7.12(a); must include rear access via an alley, if available; and must also contain
design features such as, but not Iimltedto,front porches, eyebrows, outriggers, gables,
. dormers, . arbors,. trellises, shutters, balconies, decorative vents, siding, textured .stucco. .
finishes, undulating facades and other such appropriate architectural features. . 'The
applicant has requested a waiver from these requirements.
Pursuant to LOR Section 4.7.12 lots of record that have at least 40 feet of frontage may
be used for workforce housing, 8slon9. as the workforce housing unit meets thetYR~'-
designs represented by the sketches set forth in this section and the . additional
requirements of 4.1.4(0). The applicant has requested a waiver from this section.
Pursuant to LOR Section 2.4.7(8)(5), prior to granting a waiver, the approving body
shall make a finding that the granting of the waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of public facilities;
(c) Shall not create an unsafe situation; and,
(d) Does not result in the grant of a special privilege in that the same waiver would
be granted under similar circumstances on other property for another applicant or
owner.
Does the waiver request to Section 4.1.4(0) meet all the requirements of 2.4.7(8)(5)?
Yes 4
No 0
1
yfem q~1J.
Does the waiver request to Section 4.7.12 meet all the requirements of 2.4.7(8)(5)?
Yes
4 No 0
1
j
3.
The .City Commission has applied the Comprehensive. Plan and LOR
requirements in existence at the time the original development application was
submitted and finds that its determinations set forth in this Order are consistent with the
Comprehensive Plan.
4. The City Commission finds there is ample' and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record inCluding but not limited to. the staff reports, testimony of experts and other
competent witnesses supporting these findings.
5. Based on the entire record before it, the City Commission approves ~
denies ~ the 'waiver requests: to LOR Sections 4.1.4(0) and 4.7.12.
6.
Based on the entire record before it, the City Commissionherepyadopts
.,
this Order this 6th day of February, 2007, bya vote of .4 in favQrand. o.
opposed.
ATTEST:
~.,~.~.~~~
CheveRe Nubin, City Clerk
2
IN THE CITY GOMMISSIO~
CHAMBERS OF THE CITY OF
DELRA Y BEACH, FLORIDA
IN LIEU PARKING FEI: ~EQUESTFOR INTELETRAVEL
ORDER OF TI1IECITYCOMMISSION
OF THE CITY OFDELRA Y BEACH, FLORIDA
1. This in lieu parking fee request has come before the City Commission on
February 6. 2007.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the in lieu parking fee request tor
. .
Inteletravel. Allot the evidence.is a partot the record in this case. Required findings
are made In accordance with Subsection l.
I. IN LIEU PARKING FEE:
Pursuant to LOR Section 4.6.9(E)(3), when additional parking is required for a change
of use and it is impossible or inappropriate to provide such parking the City Commission
may approve the payment of an in lieu tee rather than provide the required parking.
Does ~heln Lieu Parking Fee request for two spaces meet the requirements of LOR
Section 4.6.9(E}(3} and the conditions, if any, listed below?
Yes 4
No 0
3. The City Commission hereby finds that the In Lieu Parking Fee Request
meets the requirements of 4.6.9(E)(3} of the Land Development Regulations, with the
conditions listed above, and the City Commission has applied the Comprehensive Plan
. and finds that its determinations set forth in this Order are consistent with the
Comprehensive Plan and Land Development Regulations.
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
1
-c+elo/) of. ~ .
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 ~
,.. .1
':- - ~
s .
I
"-
denies _ the in lieu parking.fee .requestas set forth above.
6. Based on the entire record before it, the City Commission hereby adopts
this Order this 6th day of February, 2007. by a vote of 4
in favor and 0
opposed.
A TTE:ST:
\~u~~~.\\~
CheveUe NUbin. City Clerk
..... ).....
-~ -
~~ .
2
..
FORM 88 MEMORANDUM OF VOTING CONFLICT ,t=OR;
COUNTY, MUNICIPAL, ANI;> OTHER LOCAL PUBLIC OFFICERS
· a.sr NAME-ARSTNAME-MIOOLE NAME ~ OF OOARD, C()!.JNCIl, ~ ~.ORCOMMITTEE
terlman, Jeffrey L. Delray Beach City Commission '
\lUNG AOORESS M:soARo. CiOONcil. COMMISSION. AU11iORI1Y Oft COMMITTEE ON.
971 Delra 'Lakes Drive WHICH I SERVE IS A UNTOF:
aTY . COUNTY iCrtv a COUNTY. '
'Delr.a '"Beach Florida 33444 Pal.1!1: Beach NAME of P.OlIT1CAL:SUBOMSION:
. D.\Tg.ON WHJCtt VOTE OCCURRED
. February 6, 2007
. a o'rtERLOCAlIG3CY
'" POSOlON IS:
, Xl EI.;EOl'IVE.
O.~"..
,. "
.~ - - ,"
WHO MUST FILE FORM S'8
. ,
:Thls fonnlS for use by any person serving at !he'county. city, Or other local level of government on an appointed or ~ected board, council,
,commlssion, authority, or committee. It appUes equally to members of ad"isqry all~ nolWldvis~ ~jes who~<<l ~nt~~~ avotii1!J
, ;oonfIict of Interest under Section 112.3143. Florida Statutes. '
..... - , ..
. Your resp'ooslbilitles under the law whef.' faced ~thVQtiIlg ()n a meaS\.lre in Which you,J)a~~a 'oonflict of Intef:estiwillys,tY,.Ori!a1!Yc,<<epending
. on whether yOu hold an elective or appointive position. Fo(thiS: reason, ptea~e pay close attentipn to th~ Im.t(ucJiof)s on this fann. before
. 'completing the reverse side alld filing ttl~fonn. ,. ,,'.,~',. (' .' ,.~:.;.. .
.. . .:..' ~:". - .:--.<"": . : ~ ' '~" .
INSTRUCTIONS FOR COMPLIANCE WITH SECT~ON 112.3143;;'Ft6.trt>JfsfATUfES .
A person holding elective or appointive county; munlcl~l: or'oth~r' iocal Publ!~ (jffice MUSTAa~TAi~"~ :~~g'~n ,~: '~~'ure whlch{" '.',1
lUf'es to hIS or her special private g~iI'\~fQS$. :Eadl.eleCted. dr appointed localiofficer a1so:is'Pr6hlbited',ftom~~IY\i0ti~ 00 a mea;. J
IJl"e which Inures to the special gain or loss of a princiPal (other than a govemment agenCy) by whom he or she is retained Qncluding the
acent cxganlzatk)n .or sub~diary of a .(x)rp<>f8te OOnclPaPby .whiotrh~. or sh~ is fetalned); to the special Pri'll~tEhj?ln,~r..~ -pf a te~WEl; or
to the special pnvate gain or;~ of a, busine~:~te. :Commlssioners of community redevel()prneptagehcle~pmd.er~'163.356or
163.357, F.S., and officers of indeperidentspeclal taX districts elected on a one-acre, one-vote basis are not prohibited from v.oting in tbat
capacity.
, For purposes of this law, a -relative- includes only the offlCef's father, mother, son, daughter, husband, wife. brother. sister. father~n-4aw.
. fnother-ln-law, son-in-law, and daughter-in-law. A -bUSiness associate" means any person or entity engaged In or canying on a business
: enterprise With the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares or the corporation
. are not listed on any national or regional stock exchange).
.
.
.
.
.
.
.
. ELECTED OFFICERS:
In addition to abstaining from voting In the situations described above, you must disclose the conflict
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 1~OAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsiblefOC' recording the min-
utes of the meeting. who stIould incorporate the foon in the minutes.
.
.
APPOINTED OFFICERS:
Although you must abstain from voting in the s/b,Jations described above. you otherwise may Participate in ~ matters. However, you
must disdoSe the nature of the Conflict. befOre"makingany. att~mpt to influence the decision, whether orallY. Qr; in ~tingand whether made
Ly you~or at your direction. . '.
. c. .. . l
: YOU INTEND TO MAKE ANY ATTEMPT TO INFlUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE-..,,,!
.AKEN:
. Yoo must complete and file this foon (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting. who will incorporate the fonn in the minutes. (Continued on other side)
CE FORM 88 - EFF. 112000
PAGE 1
ITEM. 10.1
..
APPOi_:Q'Fft~~~(~t\ilnUed)~. ;~.'.:: : ~;;. . -./. ':~i,.i~:;~i&'~~":'.- .
1~~!~~1~A~t:~ArtH~MEEnNG: .' ".' .~~,',F,>n
il": .' .:. ',' . .'.' ".' '- "<:;._':- ....::~~.~i... -:-<?~_..~~~":'r',:',.:rj.. ". .' , . . ~,,~
.. YOO~~~I!Y(thenatureof~CpnlliCtlnfhe~beforeparticipating....: ... .. .... .... . -~;0 .
YOU~~~;"~-~ arld-~I~~~~~t1~'~;'~~~~~~~ ;6$pOOSj~tor:recoofen9the;m~ Of'tiii(',.. ...
meetlng~.1llIh<tmustl~t~the'fonn 10 the minutes, ^<~.Qf tfje.fonn must 00 provided immediately to lheothet ilieni~ (ji,ihe-':; . .'-. : .
~;. andtl1e:!~}~usJ~ read~r.~..~~ ne~meetiOg' ~er ~ f.orm.~fi~~.. i
; i"'~
-".\. :;.' .'
DISCLOSUftr~~.~ ~~()~~~ 9f~~~~~:~:;INTEREST
t.~Jeffrey Perlman ,herebyd~that.()O ~~b.rua~ 6, ,~(}.~:.
~a~,i.~:~.~.:bt.~U;~-:~{~"'t~~.,~~(~.} >"~)":;;.'" "_:...~...,.'..',;..'..-.'_.:.'_;~..,.:~...'..;'....'....:~..... ...,.... .. ..... .... ... . , " ,', ., ~.:... .::'-:.' ;~; .:" .. ;
. . ... . ~;,. -. '.:. . ~ ;':',':4 ':.;. ".;. "'~'.::~:. /.:' !.....
Imnd to my special private gain or loss; , . . . . ..
. ;. ~.'.'>~I~:';~:-ta:ii~~.'?s;.t:II....~g:':aa:;II~lt'n~:oro'Sr:~;ao;:~f'!~m:';'y?~ti~v"e:~,....,~~~~Ji~~J~'X.;'::,-:,"':;.'!:";:,.::;~"'2.:,~::;,.<::.". ...:,..;.....;.:.......,:.. .~. :.::~< ,.../;~'>.'.;~'<o~:..'~:~:~;::..~~~~:;... ~'.: .
~ nu.au UIV ~ ~ tatc2i . ~. ;'. ~. .~ ';~'..:.: '1.;:~::.~\ ..: :~. '.: ;;!.~;.::~~;,~::'..:::..-... : i
.. .
~'inurQ-d to the' special gali'f()r'loS&:oL.....:.. . -,.by
. ~.1:8Itl:~~.rf!t:)<i;. Qr .
~~'.~.~/::~ f.~;..}~~\~;~::~'::t.if-l~~>;.~~:~f.? ~.- which
~ .
':- ..::~. .~
~ . ~ ,
., .:~ . .
: <;" ::-";. ~.f )_:>~<,
'~ ;
;:-.:.......:..
.,'"
".!"
{ .
" .
. "i"
. ~ '
:- .. :.?" \-
. ';) ,~/:.
......t :::.:
;~-:- '4 ~
I, ,.......
. j", -'
.~. ;". "~-= -'. ;.; . :',.
.:.~. .
", ,. :~. ," ~.C;i ," .i. -; ::.~'~ .~.~ ~'."
1-~b-'l51
,", .
Date Fited
. .
. .....
NOTICJ::i :liNbE~pijQViSi()NS:OFFlQR.iciA :~TArUTES '~112~317;: A.FAiLUR~.lOMAKE.~YREQ~taE{) Dl$~OW~g;'
. CONSTITUTES' GROUNDS 'FO~ AND MAY BE PUNISHED av ONE OR MORE OF THE FOll()W.NG:t~PEAcH~NT;, .
- ""MOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SAlARY, REPRIMAND. OR A
,1lPENAlTYNOTl'O EXCEEO$10;OOO. ... . .:
< 1
I
i
~ J
CE FORf:A 8B -1,7F.112OOO
PAGE 2