03-05-07 Minutes Reg
MARCH 5. 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., Monday, March 5, 2007.
1:.
Roll call showed:
Present - Commissioner Rita Ellis
Commissioner Fred Fetzer
Commissioner Jon Levinson
Commissioner Brenda Montague
Mayor Jeff Perlman
Absent - None
Also present were - David T. Harden, City Manager
Robert A. Barcinski, Assistant City Manager
Susan A. Ruby, City Attorney
Brian Shutt, Assistant City Attorney
Chevelle D. Nubin, City Clerk
2. The opening prayer was delivered by Representative Joyce Richardson
from the First Church of Christ Scientist.
3.
gIven.
The Pledge of Allegiance to the flag of the United States of America was
4.
AGENDA APPROVAL.
Mayor Perlman noted the addition of Item 8.J., Grant AereementlPalm
Beach County Tourist Development Council to the Consent Agenda by addendum.
He stated there is additional information for Item 9.A., Conditional Use
Modification ReQuestlDelrav Beach Club and Item 9.B., Waiver ReQuestlDelrav
Beach Club. Also, Item lO.C., Ordinance No. 79-06 has been postponed due to a
request by the applicant. Mayor Perlman stated there is some revised information for
Item lO.D., Developer's AereementlCannerv Row. LLC.
Mrs. Montague requested that Item 8.H., Review of Appealable Land
Development Board Actions be removed from the Consent Agenda and moved to the
Regular Age~da as Item 9.A.1.
Mr. Levinson requested that the Commission remove Itetn lO.D.,
Developer's Aereement/Cannerv Row. LLC from the Agenda.
03/05/07
Mrs. Ellis moved to approve the Agenda as amended, seconded by Mrs.
Montague. Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; Mr.
Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said
motion passed with a 5 to 0 vote.
']
5.
APPROVAL OF MINUTES:
Mrs. Montague moved to approve the Minutes of the Regular Meeting of
February 20, 2007, seconded by Mrs. Ellis. Upon roll call the Commission voted as
follows: Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis -
Yes; Mr. Fetzer - Yes. Said motion passed with a 5 to 0 vote.
6. PROCLAMATIONS:
6.A. Recoenizine Fair Housine Month - April 2007
Mayor Perlman read and presented a proclamation proclaiming April,
2007 as Fair Housing Month in the City of Delray Beach, Florida. Lula Butler, Director
of Community Improvement, came forward to accept the proclamation.
6.B. Recoenizine Sif!ma Gamma Rho Sorority Youth Dav - March lO.
2007
Mayor Perlman read and presented a proclamation hereby proclaiming
Saturday, March 10, 2007 as Sigma Gamma Rho Sorority Youth Day and encourage all
of our residents to join in this recognition and congratulate the members of the Eta Eta
Sigma Gamma Rho Sorority, Inc., for their efforts to encourage and guide our youths.
J
7.
PRESENTATIONS:
. NONE
8.
CONSENT AGENDA: City Manager Recommends Approval.
8.A. ACCEPTANCE OF EASEMENT DEED/4999 WEST ATLANTIC
AVENUE: Approve and accept an easement deed for a proposed 10' x 30' bus shelter
easement located at 4999 West Atlantic Avenue (Walgreens).
8.B. RESOLUTION NO. l7-07/ABANDONMENT OF AN ALLEYWAY:
Approve Resolution No. 17-07 vacating and abandoning a 16' x 422.28' portion of the
right-of-way of an existing north/south alleyway lying within Block 76 of the plat of the
Town of Linton, located north of East Atlantic Avenue, between NE 1st Avenue and
Pineapple Grove Way (NE 2nd Avenue).
- 2-
03/05/07
The caption of Resolution No. 17-07 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, VACATING
AND ABANDONING THE NORTH/SOUTH ALLEY
LYING WITHIN BLOCK 76, LOCATED SOUTH OF NE
1ST STREET, BETWEEN NE 1ST AVENUE AND
PINEAPPLE GROVE WAY AND AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A".
(The official copy of Resolution No. 17-07 is on file at the City Clerk's
office.)
8.C. FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT)
AGREEMENTS/RESOLUTION NO. l6-07 AND RESOLUTION NO. 19-07:
Approve Resolution No. 16-07 and Resolution No. 19-07 authorizing the Joint
Participation Agreement (JP A) and a Maintenance Memorandum of Agreement (MOA)
with the Florida Department of Transportation (FDOT) for the installation and
maintenance oflandscaping at the intersection of the 1-95 interchange and West Atlantic
Avenue.
The caption of Resolution No. 16-07 is as follows:
THE RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
APPROVING THE JOINT PARTICIPATION
AGREEMENT FOR THE INSTALLATION AND
FUNDING OF THE LANDSCAPING LOCATED AT
THE INTERSECTION OF THE 1-95 INTERCHANGE
AND WEST ATLANTIC AVENUE AND
AUTHORIZING THE EXECUTION OF THE
AGREEMENT.
(The official copy of Resolution No. 16-07 is on file at the City Clerk's
office. )
The caption of Resolution No. 19-07 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, APPROVING
THE MAINTENANCE MEMORANDUM OF
AGREEMENT FOR IMPROVEMENTS TO AREAS
LOCATED AT THE INTERSECTION OF THE 1-95
INTERCHANGE AND WEST ATLANTIC AVENUE
AND AUTHORIZING THE EXECUTION OF THE
- 3 -
03/05/07
AGREEMENT.
(The official copy of Resolution No. 19-07 is on file at the City Clerk's
'1
office.)
8.D. RESOLUTION NO. l8-07: Approve Resolution No. 18-07 assessing
costs for abatement action required to remove nuisances on fifteen (15) properties
throughout the City.
The caption of Resolution No. 18-07 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, PURSUANT
TO CHAPTER 100 OF THE CODE OF ORDINANCES
OF THE CITY OF DELRA Y BEACH, ASSESSING
COSTS FOR ABATING NUISANCES UPON CERTAIN
LAND(S) LOCATED WITHIN THE CITY OF DELRAY
BEACH AND PROVIDING THAT A NOTICE OF LIEN
SHALL ACCOMPANY THE NOTICE OF
ASSESSMENT; SETTING OUT ACTUAL COSTS
INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT OF NUISANCES; PROVIDING FOR AN
EFFECTIVE DATE AND FOR A DUE DATE AND
INTEREST ON ASSESSMENTS; PROVIDING FOR
THE RECORDING OF THE RESOLUTION, AND
DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS.
i
J
J
(The official copy of Resolution No. 18-07 is on file in the City Clerk's
office.)
8.E. HAMLET RESIDENTS ASSOCIATION/TRAFFIC
ENFORCEMENT AGREEMENT: Approve a traffic enforcement agreement between
the City and the Hamlet Residents Association allowing the Delray Beach Police
Department to enforce local and state traffic laws on its property.
8.F. HOUSING REHABILITATION GRANT/CONTRACT AWARD:
Approve one (1) Housing Rehabilitation grant/contract award through the Community
Development Division in the amount of $31,127.25 to Ray Graeve & Sons Construction
for 125 SW 10th Avenue. Funding is available from 118-1963-554-49.19 (Community
Development Fund/Housing Rehabilitation).
8.G. . CONTRACT ADDITION (CO. NO. 1 )/BLOCK 64 DRAINAGE
AND WATER MAIN IMPROVEMENT PROJECT/CHAZ EQUIPMENT
COMPANY. INC.: Approve Contract Addition (C.O. No. 1) to the Block 64 Drainage
and Water Main Improvements Project in the amount of $49,000.00 to Chaz Equipment
Company, Inc. for the installation of a sanitary sewer main on SW 3rd Street. Funding is
-4-
03/05/07
available from 442-5178-536-63 .51 (Water/Sewer Renewal & Replacement Fund/Other
Improvements/W ater Mains).
8.H. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A.1.
8.1. AWARD OF BIDS AND CONTRACTS:
1. Bid award to Conco Horticultural, Inc. in the amount of
$87,818.00 for the installation of trees and palms at the City
Cemetery. Funding is available from 001-4131-572-46.50
(General Fund/City Hall/Cemetery Tree Replacement).
2. Contract award to Don Hillman, Inc. in the amount of $18,760.41
for replacing the radiator on the 800KW generator at the Water
Treatment Plant. Funding is available from 441-5143-536-46.20
(Water/Sewer Fund/Equipment Maintenance).
3. Contract award to Knight Electric, Co., Inc. in the amount of
$18,500.00 for installation of one (1) 200-amp, single phase
electrical service, including materials and labor for temporary Fire
Station #4. Funding is available from 334-6112-522-62.88
(General Construction Fund/Fire Station #4).
4. Purchase award to Duval Ford in the amount of $119,549.00, via
the Florida Sheriff s Association Contract #06-14-0821 for the
purchase of one (1) Ford F-150 4x2 Yz ton pick-up and four (4)
Ford F-250 % ton pick-up trucks for the Parks and Recreation
Department. Funding is available from 001-4138-572-64.20
(General Funds/Automotive) and 119-4144-572-64.20
(Beautification Trust Fund/Automotive).
8.J. GRANT AGREEMENT/PALM BEACH COUNTY TOURIST
DEVELOPMENT COUNCIL: Approve a grant agreement between the City and the
Palm Beach County Tourist Development Council in the amount of $35,000.00 for the
FED Cup.
Mrs. Ellis moved to approve the Consent Agenda as amended, seconded
by Mr. Fetzer. Upon roll call the Commission voted as follows: Mrs. Montague - Yes;
Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes. Said
motion passed with a 5 to 0 vote.
9.
REGULAR AGENDA:
9.A.1. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards for
the period February 20,2007 through March 2,2007.
- 5 -
03/05/07
Mayor Perlman declared a conflict of interest, passed the gavel to Vice
Mayor Ellis and stepped down from the dais.
" "]
>
Mrs. Montague stated there has been quite a bit of discussion between the
applicant (CRA) as well as the property owner and they have come up with a number of
options that are going to be very good for the community. She would like to see them
discuss this further and bring the information back to the Commission.
Mrs. Montague moved to appeal Item #1 (Denial of the Certificate of
Appropriateness for 20 North Swinton Avenue) of the Historic Preservation Board's
(HPB) action, seconded by Mr. Levinson. Upon roll call the Commission voted as
follows: Vice Mayor Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague
- Yes. Said motion passed with a 4 to 0 vote.
Mr. Levinson moved to approve to receive and file the rest of the report,
seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Vice
Mayor Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes. Said
motion passed with a 4 to 0 vote.
9.A. CONDITIONAL USE MODIFICATION REQUESTillELRAY
BEACH CLUB: Consider a conditional use modification request for the Delray Beach
Club to allow the operation of a private club with attendant recreational, dining, and
related accessory facilities in the RM (Multiple Family - Medium Density Residential)
district, located on the east side of South Ocean Boulevard (State Road A-I-A), south of
Linton Boulevard (2001 South Ocean Boulevard). (Quasi-Judicial Hearing)
]
Mayor Perlman read into the record the City of Delray Beach 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. The Commission had no ex parte communications to disclose.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2007-032 into the record.
Mr. Dorling stated the subject property contains a 24,032 square foot one-
story clubhouse located south of Linton Boulevard on the east side of A-I-A. The
modification is for the construction of a basement addition which will represent 1,500
square feet of new storage area and 2,000 square feet of dining area to replace a covered
patio terrace that was destroyed by Hurricane Wilma.
At its meeting of December 18, 2006, the Planning and Zoning Board held
a public hearing in conjunction with the Conditional Use request and related special
action. After discussing the proposal, the Board recommended approval with a 4 to 1
- 6-
03/05/07
vote of the parking reduction to LDR Section 4.6.9(C)(3)(d) by 9 spaces. At its meeting
of February 14, 2007, the Site Plan Review and Appearance Board (SPRAB) approved a
Class V site plan modification, landscape plan, and architectural elevations for Delray
Beach Club. The Board also approved the reduction of parking spaces by 9 spaces and
recommended approval (5 to 0) to the City Commission to eliminate one of the two
required handicap parking spaces adjacent to the valet queue area.
David Schmidt. (Applicant Representative). entered the PowerPoint
slides into the record and presented an overview ofthe project.
Mayor Perlman stated if anyone from the public would like to speak in
favor or in opposition of the conditional use, to please come forward at this time. No one
from the public came forward to address the Commission regarding the conditional use.
There was no cross-examination or rebuttal.
The City Attorney briefly reviewed the Board Order with the Commission
who made fmdings according to their consensus (attached hereto is a copy and made an
official part.ofthe minutes).
Mrs. Montague 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; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said
motion passed with a 5 to 0 vote.
9.B. WAIVER REOUESTillELRAY BEACH CLUB: Consider a request
for waiver of Land Development Regulations (LDR) Section 4.6.9(F)(3)(e)(i), "Special
Provisions", to allow one (1) handicap parking space versus the two (2) handicap parking
spaces adjacent to a valet queue area for the Delray Beach Club. (Quasi-Judicial
Hearing)
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor Perlman asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2007-101 into the record.
At its meeting of February 14, 2007, the Site Plan Review and Appearance
Board (SPRAB) considered a waiver request along with the site plan for the Delray
Beach Club to waive one of the required two parking spaces which are noted in the
LDR's which have to be located next to the value queue. Mr. Dorling stated this is so
that if there" is a vehicle that cannot be serviced by the valet driver (i.e. a special equipped
vehicle) then there would be the ability to park in the parking space by the door.
- 7 -
03/05/07
]
The Site Plan Review and Appearance Board considered the waiver and
recommended approval with a 5 to 0 vote. The waiver findings in LDR Section
2.4.7(B)(5) are made in the staff report. He stated this is a unique situation where the
valet operator knows the guests unlike a commercial or public valet where they are not
sure what needs they would have. One space is available for parking immediately next to
the valet queue. In addition, there is an extra wide circular drive which could be used if
in fact a second vehicle needed to be accommodated. Staff recommends approval of the
waiver to Section 4.6.9(F)(3)( e )(i).
David Schmidt. (Attornev/Applicant Representative). entered the same
PowerPoint slides into the record as the previous item. Currently, he stated the handicap
parking is handled in the northeast corner of the parking lot which provides four (4)
spaces on the north portion of the site. Mr. Schmidt stated the property is built on the
dune and this allows someone in a wheelchair access to come and make a gradual rise in
grade as they come around to the front of the building. He stated as the staff report notes
there is sufficient room to park a vehicle. As noted by staff, this is not an ADA
requirement. Mr. Schmidt stated the ADA requires that if you have valet parking, you
have to have the drop off space.
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).
1
I
J
Mr. Fetzer moved to adopt the Board Order as presented, seconded by
Mrs. Ellis. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Mrs.
Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes. Said motion
passed with a 5 to 0 vote.
9.C. REQUEST FOR IN-LIEU PARKING SPACE/325 PINEAPPLE
GROVE WAY: Consider a request from 325 Pineapple Grove Way (N.E. 2nd Avenue)
for the purchase of one (1) in-lieu parking space in the amount of $7,800.00. (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.
Scott Aronson, Parking Management Specialist, stated 325 Pineapple
Grove Way is a mixed use building located at 325 Pineapple Grove Way. In 2004, Mr.
Aronson stated as part of the original site plan approval one in-lieu of parking space was
approved for this project. In April 2006, a request from Cafe Mocha also had two in-lieu
- 8 -
03/05/07
spaces approved for the conversion of one of the retail bays to restaurant. This
construction has been going on for quite some time at this site. Recently, during the
construction ofthe project, the FPL transformer was larger than anticipated and needed to
be installed in a slightly different location than shown on the original site plan. The
original plans called for four (4) parallel parking spaces adjacent to the alley. With this
relocation of the transformer, it eliminated one of the four parking spaces. The cost of in-
lieu spaces in Area 3 is $7,800.00 per space and is to be paid upon certification of the
accompanying site plan. Mr. Aronson stated the Comprehensive Plan Policy C-4.1 of the
Future Land Use Element encourages rehabilitation and revitalization within the Central
Business District through a number of incentives, one of which is the accommodation of
parking needs through innovative actions. The in-lieu of parking fee program provides
such an incentive and therefore this request is consistent with the Comprehensive Plan.
At its meeting of February 7, 2007, the Pineapple Grove Main Street
Committee (PGMS) recommended approval of the applicant's request; at its meeting of
February 22, 2007, the Community Redevelopment Agency (CRA) unanimously
recommended approval of the applicant's request; and at its meeting of February 27,
2007, the Parking Management Advisory Board (pMAB) unanimously recommended
approval of the applicant's request. Staff recommends approval ofthe request.
Gref!orv Hoot!. Applicant. thanked staff and Scott Aronson for going
through this process.
Mayor Perlman asked if anyone from the pu,blic 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).
Mrs. Ellis moved to adopt the Board Order as presented, seconded by Mr.
Fetzer. Upon roll call the Commission voted as follows: Mrs. Montague - Yes; Mayor
Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes. Said motion
passed with a 5 to 0 vote.
9.D. REQUEST FOR IN-LIEU PARKING SPACE/SAKI ROOM (FKA
BOB'S FAMOUS BAR AND POWERS LOUNGE): Consider a request from the Saki
Room (fka Bob's Famous Bar and Powers Lounge) for the purchase of one (1) in-lieu
parking space in the amount of $15,600.00. Saki Room (fka Bob's Famous Bar and
Powers Lounge) is located at 217 East Atlantic Avenue. (Quasi-Judicial Hearing)
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
- 9-
03/05/07
Mayor Perlman asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose.
Scott Aronson, Parking Management Specialist, stated the Saki Room
(f/k/a Powers Lounge) is located at 217 East Atlantic Avenue. He stated on January 16,
2007, a request submitted for six (6) in-lieu of parking spaces was approved for the
creation of a rooftop deck for the bar/restaurant. The application was submitted under the
recently adopted Land Development Regulations (LDR) Section 2.4.3(K)(1) which
allows the independent processing of in-lieu requests. During the accompanying site
plan, it was discovered that instead of the 999 square feet that was proposed under the in-
lieu request, the actual square footage of the rooftop deck is 1,161 square feet. The
parking requirements for restaurants in the Central Business District (CBD) are six spaces
per 1,000 square feet and the requirement of one more parking space is needed. Staff
noted that of the 161 square feet over their original application, 87 of the 161 square feet
is a planter box that is proposed on the roof adjacent to the stairwell; the remaining 74
square feet of usable floor area still requires an additional space (0.44 of a space which
rounds up to one space). The original six spaces were approved with an in-lieu of
parking fee agreement and this will be added to the agreement as an additional space to
be paid. Comprehensive Plan Policy C-4.1 of the Future Land Use Element encourages
rehabilitation and revitalization within the Central Business District (CDB) through a
number of incentives, one of which is the accommodation of parking needs through
innovative actions.
'1
At its meeting of February 12, 2007, the Downtown Development
Authority (DDA) recommended approval; at its meeting of February 8, 2007, the
Community Redevelopment Agency (CRA) recommended approval; at its meeting of
February 27, 2007, the Parking Management Advisory Board (PMAB) recommended
approval of the applicant's request.
1
J
. Bob Currie, Architect for the restaurant, stated the owner is willing to pay
for the space; however, he requested that the Commission consider not making the owner
of the restaurant pay for the extra space. Mr. Currie stated they had 999 square feet that
is usable space and noted that what the Planning and Zoning staff has done is they have
taken the planter boxes (which are permanently built) and the thickness of a parapet wall
and that is the other 161 square feet. Mr. Currie stated they can make it 999 square feet
as physical use space by reducing it a foot or so because ofthe parapet wall ifthe planters
were not considered part of the space.
Rio Gralnick. owner of the restaurant. stated the parapet wall is for the
safety of the people who come to the restaurant and the planter is for aesthetic value that
adds to the City's charm.
Mayor Perlman asked 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.
- 10-
03/05/07
There was no cross-examination or rebuttal.
The City Attorney briefly reviewed the Board Order with the Commission
who made fmdings according to their consensus (attached hereto is a copy and made an
official part ofthe minutes).
Mrs. Montague moved to adopt the Board Order (approving the in-lieu
request) 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;
Mrs. Montague - Yes. Said motion passed with a 5 to 0 vote.
9.E. REQUEST FOR FUNDING/COMMUNITY NEIGHBORHOOD
HELPING. INC.: Consider approval of a request from Community Neighborhood
Helping, Inc. to provide $12,500.00 in seed money, which will be reimbursed to the City
through a Palm Beach County grant, for the Glory Awards 2007 to be held on May 4,
2007. Funding is available from 001-1111-511-48.10 (City Commission/Special Events).
Robert A. Barcinski, Assistant City Manager, stated the Commission is
being requested to advance the $12,500.00 in grant money that Ms. Edith Thompson will
be receiving for the Glory Awards for Palm Beach County. Mr. Barcinski stated staffhas
the confirmation from the County that the grant money will be forthcoming. The Glory
Awards will be held May 4, 2007 at Old School Square from 6:00 p.m. to 10:00 p.m. and
staff recommends approval with the additional requirement for Ms. Thompson to sign the
agreement that was drafted by the City Attorney at the request of Finance.
Mrs. Ellis moved to approve the request subject to signing the agreement
as drafted by the City Attorney, seconded by Mrs. Montague. Upon roll call the
Commission voted as follows: Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes;
Mrs. Montague - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote.
9.F. REOUEST FOR FINANCIAL SUPPORT/S.D. SPADY
ELEMENTARY MONTESSORI MAGNET SCHOOL: Consider a request from S.D.
Spady Elementary Montessori Magnet School for financial support to send five students
selected from S.D. Spady Elementary Chorus to perform in Chicago, Illinois with the
2007 Organization of American Kodaly Educators National Honor Choir on March 20,
2007. Funding is available from the Miscellaneous Grant Funding Contingency.
Robert A. Barcinski, Assistant City Manager, stated this is a request from
J. Clark, Chorus Director at S.D. Spady Elementary School asking for financial support
for the group of students that will be going to the American Kodaly Educators National
Honor Choir in Chicago, Illinois on March 20, 2007. The approximate cost per student is
$1,500.00. Staff recommends consideration of $1,500.00 to be funded from the
Miscellaneous Grant Funding contingency for this program.
Prior to the vote, Mrs. Montague asked what the $1,500.00 would cover.
In response, Mr. Barcinski stated this would cover the cost of one student and the school
- 11 -
03/05/07
would have to fundraise for the other four students.
"1
:
,). .,
Mr. Levinson moved to approve a contribution of $1,500.00 regarding the
request from S.D. Spady Elementary Montessori Magnet School for financial support to
send five students selected from S.D. Spady Elementary Chorus to perform in Chicago,
Illinois on March 20, 2007, seconded by Mr. Fetzer. Upon roll call the Commission
voted as follows: Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor
Perlman - Yes; Mrs. Ellis - Yes. Said motion passed with a 5 to 0 vote.
9.G. REVISED/PLAYERS INTERNATIONAL MANAGEMENT. INC.
(PIM) AGREEMENT: Consider approval of the revised agreement with Players
International Management, Inc. (PIM) extending the term of the agreement from 2011 to
2012, providing renewal for two (2) additional five (5) year terms upon consent of both
parties, and authorizing payment by the City of an extra $75,000.00 per year for an extra
event in the month of July.
Brian Shutt, Assistant City Manager, stated this is a revised agreement
with Players International Management, Inc. (pIM). They will be extending the original
agreement for another year and will expire in 2012; two renewable terms for five years; a
July event will be added; the City will pay PIM an extra $75,000.00 per year for the July
event; PIM must provide television coverage for the July event; and if PIM fails to hold
the July event the City may reduce its payment to PIM by Yz ofthe total amount.
Ivan Baron. Players International Manaeement. Inc. (PIM). stated this
is the largest junior tennis tournament from a prestige standpoint, there are more hotel
room nights, more people coming into town from across the country, and the players are
in town longer (eight day event). Mr. Baron explained that everyone has to come into
town earlier because they are holding the College Coaches Expo (approximately 100
college coaches).
I
,J
Mrs. Ellis moved to approve the revised agreement with Players
International Management, Inc. (pIM), seconded by Mrs. Montague. Upon roll call the
Commission voted as follows: Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor
Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes. Said motion passed with a 5 to 0
vote.
9.H. QUIET TITLE/232 NW STH AVENUE AND 315 SW 3RD STREET:
Consider authorization to Quiet Title two (2) properties located at 232 NW 8th Avenue
and 315 SW 3rd Street that are being transferred to the Community Land Trust for
affordable housing.
The City Attorney stated staff is requesting to pursue quiet title action so
that they can be conveyed to the Community Land Trust.
Mrs. Montague moved to approve authorization to Quiet Title two (2)
- 12-
03/05/07
properties (232 N.W. 8th Avenue and 315 S.W. 3rd Street) that are being transferred to the
Community Land Trust (CLT) for affordable housing, seconded by Mr. Fetzer. Upon roll
call the Commission voted as follows: Mrs. Montague - Yes; Mayor Perlman - Yes;
Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to
o vote.
9.1. APPOINTMENT OF OUTSIDE COUNSEL/JERROD MILLER. ET
AL V. DARREN COGONI. ET AL CASE: Consider approval of outside counsels,
Fred Gelston, Esq., and James Barry, Esq. for the Jerrod Miller, et al v. Darren Cogoni, et
al case.
The City Attorney stated this is to confirm the appointment of outside
counsel for Fred Gelston, Esq. to represent the City of Delray Beach and the named City
representatives and also the appointment of James Barry from Adams, Coogler, Watson,
Merkel, Barry & Kellner to represent former officer Darren Cogoni.
Mr. Fetzer moved to approve outside Counsel Fred Gelston, Esq., and
James Barry, Esq. for the Jerrod Miller, et al v. Darren Cogoni et al case, seconded by
Mrs. Ellis. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mrs.
Ellis - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes. Said motion passed with a 5 to Q
vote.
9.J. PARTIAL RELEASE OF EASEMENT/BLOCK 77
DEVELOPMENT GROUP. LC: Consider approval of a request from the Block 77
Development Group, LC for a Partial Release of Easement regarding the placement of a
sales trailer behind Worthing Park.
The City Attorney stated this is a request to release part of the easement on
a temporary basis so that a sales trailer can be put behind Worthing Park so they can
begin their sales. The Agreement provides that the release itself will expire the earlier of
May 4, 2007 or upon the termination of the parking easement. The City Attorney stated
the parking easement will extinguish once the garage is completed and there are currently
some encroachment issues that are being worked on with the garage.
Barry Berkowitz. Block 77. stated Florida, Power & Light (FPL)
indicated that they will be out this week to put the power on so they can do their final
tests and actually get the Certificate of Occupancy (CO) and transfer the garage. Mr.
Berkowitz stated the issue with regard to encroachment is not going to be an issue and
noted if there is any kind of issue associated with that they will indemnify the City of
Delray Beach if need be. Mr. Berkowitz stated his expectation is that the conveyance of
the garage is going to happen within approximately four weeks.
Mr. Levinson moved to approve the request from the Block 77
Development Group, seconded by Mrs. Montague. Upon roll call the Commission voted
as follows: Mrs. Ellis - No; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague-
Yes; Mayor Perlman - No. Said motion passed with a 3 to 2 vote, Commissioner Ellis
and Mayor Perlman dissenting.
- 13-
03/05/07
'1...
.,
9.K. APPOINTMENT TO THE CODE ENFORCEMENT BOARD:
Appoint one (1) regular member to the Code Enforcement Board for an unexpired term
ending January 14, 2010. Based upon the rotation system, the appointment will be made
by Commissioner Levinson (Seat #3).
Mr. Levinson moved to reappoint Susan Kay as a regular member to the
Code Enforcement Board for an unexpired term ending January 14, 2010, seconded by
Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; Mr.
Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said
motion passed with a 5 to 0 vote.
At this point, the time being 7:00 p.m., the Commission moved to the duly
advertised Public Hearings portion ofthe Agenda.
lO.
lO.A. ORDINANCE NO. 59-06 (FIRST READING/FIRST PUBLIC
HEARING): Privately sponsored Future Land Use Map amendment (small-scale) from
CF (Community Facilities) to LD (Low Density Residential 0-5 dulac) for an 8.274 acre
portion of the Christ the King Monastery ofSt. Clare and rezoning from CF (Community
Facilities) to R-l-AA (Single Family Residential) and associated reduction oflot frontage
and lot width requirements for proposed Lots 17 and 22 within the subdivision at Christ
the King Monastery of St. Clare, Inc., located at the southeast corner of Sherwood
Boulevard and Sutton Place. If passed, a second public hearing will be scheduled for
March 20, 2007.
PUBLIC HEARINGS:
1
!
j
The caption of Ordinance No. 59-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE FUTURE LAND USE MAP
DESIGNATION AS CONTAINED IN THE
COMPREHENSIVE PLAN FROM CF (COMMUNITY
FACILITIES); TO LD (LOW DENSITY RESIDENTIAL
0-5 DU/AC); ELECTING TO PROCEED UNDER THE
SINGLE HEARING ADOPTION PROCESS FOR
SMALL SCALE LAND USE PLAN AMENDMENTS;
AND REZONING AND PLACING LAND PRESENTLY
ZONED CF (COMMUNITY FACILITIES) TO R-l-AA
(SINGLE FAMILY RESIDENTIAL) DISTRICT;
PROVIDING FOR A MODIFICATION OF MINIMUM
LOT REQUIREMENTS AND SETBACKS FOR
CERTAIN LOTS; SAID LAND BEING A PARCEL OF
- 14-
03/05/07
LAND LOCATED 125 FEET SOUTH OF SHERWOOD
BOULEV ARD, APPROXIMATELY 650 FEET EAST OF
MILITARY TRAIL, AS MORE PARTICULARLY
DESCRIBED HEREIN; AMENDING "ZONING MAP OF
DELRA Y BEACHt FLORIDA, MARCH 2006";
PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 59-06 is on file in the City Clerk's
office. )
The City Attorney read the caption of the ordinance. The City Attorney
stated there will be a quasi-judicial hearing upon second reading and noted this is the first
reading/first public hearing. A public hearing was held having been legally advertised in
compliance with the laws of the State of Florida and the Charter of the City of Delray
Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated the proposal
involves 8.27 acres of the 10.98 acre Christ the King Monastery of St. Clare site. Mr.
Dorling stated this was considered by the City Commission on November 21 st, December
5th, January 2nd, January 16th and each time there were modifications made to address the
neighbors concerns including the provision of lots along Lakeview that were 12,500
square feet which is the size of the R-l-AAA-B which is the neighboring area to the
northeast. He stated on further modifications the minimum house sizes and the setbacks
of the R-l-AAA-B were also agreed to by the applicant to be applied to those lots. Mr.
Dorling stated this is a rezoning (land use change from CF (Community Facilities) to
Low Density (Low Density Residential 0-5 du/ac) and a rezoning from CF to R-l-AA for
an 8.27 acre portion of the overall site. He stated the last time the Commission saw this it
was withdrawn from the applicant and this portion of the site was included as the old
priest's residence. This has been withdrawn out of this application and results in a
change of three fewer lots and then it results in a change to the numbering of the lots
throughout the subdivision. The revised concept plan now shows 23 single family lots
with overall 26 lots so there are 3 lots to the north remain R-l-AAA.
At its meeting of February 26, 2007, the Planning and Zoning Board held
a public hearing to consider the request. Several people in the neighborhood raised
concerns about the balance of the site and thought it should be R-l-AAA-B. There was
also concern about traffic and one person thought that this lot south should also be of the
R-l-AAA-B size. There was also discussion about the one way access and the
appropriateness from Sherwood. After significant discussion, the Board voted with a 3 to
1 vote to recommend approval of the request. Mr. Dorling stated the Commission has to
consider approval of the land use and the zoning and the finding that it is appropriate and
necessary to create those two lots with the reduction from 95 feet to 89 feet. Staff
recommends approval of the request and feels that the applicant has come a long way in
addressing the neighborhood's concerns.
Mayor Perlman declared the public hearing open.
- 15 -
03/05/07
Robert Vanderkav. 3426 Lakeview Boulevard. Delrav Beach. stated
most of the neighbors are in agreement with the size ofthe lots and the zoning. However,
Mr. Vanderkay stated the point of contention is the one-way into Sherwood Park and the
residents feel this should be two-way because it would help minimize the traffic in both
areas.
'1
Rob McGovnev. 3429 Lakeview Drive. Defrav Beach. stated from the
beginning the contention was that the nuns will be remaining on the property and
building in the "blank area" that has now been taken out of zoning and kept in CF
(Community Facilities) will continue their commercial activities as they did before. The
original plan was to have a two-way access from Sherwood to them because of
commercial deliveries from UPS and other facilities. Therefore, Mr. McGovney stated
that should be maintained as a two-way which would bring it down south beyond the
Lakeview Boulevard extension.
There being no one else from the public who wished to address the
Commission regarding Ordinance No. 59-06, the public hearing was closed.
Mrs. Ellis moved to approve Ordinance No. 59-06 on First Reading/First
Public Hearing, seconded by Mrs. Montague. Upon roll call the Commission voted as
follows: Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis -
Yes; Mr. Fetzer - Yes. Said motion passed with a 5 to 0 vote.
I
i
J
lO.B. ORDINANCE NO. 68-06 (FIRST READING/FIRST PUBLIC
HEARING): City initiated amendments to multiple sections of the Land Development
Regulations (LDR) Section 1.4.3, "Enforcement", Section 1.4.4, "Penalty", Section 2.2.6,
"The Historic Preservation Board", Section 2.4.6, "Procedures for Obtaining Permits and
Approvals", Section 3.2.4, "Standards for Specific Areas or Purposes", Section 4.1.4,
"Use of Lots of Record", Section 4.3.3, "Special Requirements for Specific Uses",
Section 4.4.17, "Residential Office District", Section 4.4.24, "Old School Square Historic
Arts District", Section 4.5.1, "Historic Preservation Sites and Districts", and Appendix
"A", Definitions, as recommended after .a comprehensive review of the Delray Beach
Historic Preservation Design guidelines. If passed, a second public hearing will be
scheduled for March 20, 2007.
The caption of Ordinance No. 68-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRA Y BEACH
BY AMENDING SECTIONS 1.4.3,
"ENFORCEMENT" AND 1.4.4, "PENALTY",
PROVIDING THAT NEGLECT SHALL
- 16-
03/05/07
CONSTITUTE A NUISANCE AND PROVIDING
FOR ENFORCEMENT AND PENALTIES;
AMENDING SECTION 2.2.6, "THE HISTORIC
PRESERVATION BOARD", SUBSECTION (C),
"MEETING AND QUORUM", PROVIDING FOR
VOTING; AMENDING SECTION 2.4.6,
"PROCEDURES FOR OBTAINING PERMITS",
SUBSECTION (H), "CERTIFICATE OF
APPROPRIATENESS FOR HISTORIC SITES,
STRUCTURES, AND IN HISTORIC DISTRICTS",
BY PROVIDING DOCUMENTATION FOR
DEMOLITIONS; AMENDING SECTION 3.2.4,
"STANDARDS FOR SPECIFIC AREAS OR
PURPOSES", SUBSECTION 3.2.4(E), "HISTORIC
DISTRICTS AND SITES", PROVIDING FOR AND
INCORPORATING THE DELRAY BEACH
HISTORIC PRESERVATION DESIGN GUIDELINES
AND THE SECRETARY OF THE INTERIOR
STANDARDS FOR REHABILITATION;
AMENDING SECTION 4.1.4, "USE OF LOTS OF
RECORD", SUBSECTION 4.1.4(E), TO PROVIDE
FOR VARIANCES; AMENDING SECTION 4.3.3,
"SPECIAL REQUIREMENTS FOR SPECIFIC USES",
SUBSECTION (Q), "GUEST COTTAGE" TO
PROVIDE THAT HEIGHT SHALL NOT EXCEED
THAT OF MAIN STRUCTURE IN HISTORIC
DISTRICTS; AMENDING SECTION 4.4.17,
"RESIDENTIAL OFFICE (RO) DISTRICT",
SUBSECTIONS 4.4. 17(A), "PURPOSE AND
INTENT", AND 4.4. 17(G), "SUPPLEMENTAL
DISTRICT REGULATIONS", PROVIDING FOR
CONVERSION OF RESIDENTIAL STRUCTURES
INTO OFFICE USE IN HISTORIC DISTRICTS;
AMENDING SECTION 4.4.24, "OLD SCHOOL
SQUARE HISTORIC ARTS DISTRICT (OS SHAD)",
SUBSECTIONS 4.4.24(D), "CONDITIONAL USES"
AND 4.4.24(H), "SPECIAL DISTRICT
REGULATIONS", PROVIDING PUBLIC PARKING
LOTS NOT ASSOCIATED WITH A USE ARE
ALLOWED AS CONDITIONAL USES AND
CLARIFYING SPECIAL DISTRICT REGULATIONS;
AMENDING SECTION 4.5.1, "HISTORIC
PRESERVATION SITES AND DISTRICTS",
SUBSECTION 4.5.1(B), "CRITERIA FOR
DESIGNATION OF HISTORIC SITES OR
DISTRICTS", 4.5.1(E), "DEVELOPMENT
- 17 -
03/05/07
STANDARDS", 4.5. 1 (F), ''RESTRICTIONS ON
DEMOLITIONS", 4.5.1 (I), "HISTORIC
PRESERVATION BOARD TO ACT ON SITE
PLANS, LANDSCAPE PLANS AND
ARCHITECTURAL ELEVATIONS", AND 4.5.1 (L),
"DESIGNATION OF HISTORIC DISTRICTS", BY
PROVIDING CLARIFICATION REGARDING
FENCES AND PARKING IN HISTORIC DISTRICTS,
COMPATIBILITY STANDARDS, ADDITIONAL
REQUIREMENTS FOR DEMOLITION
APPLICATIONS AND NAMES OF HISTORIC
DISTRICTS; AND AMENDING APPENDIX "A",
"DEFINITIONS", TO PROVIDE A NEW
DEFINITION FOR "HARDSCAPE" AND
AMENDING THE DEFINITIONS FOR
"CONTRIBUTING" AND "NON-CONTRIBUTING"
STRUCTURES; PROVIDING A SAVINGS CLAUSE,
A GENERAL REPEALER CLAUSE AND AN
EFFECTIVE DATE.
']
(The official copy of Ordinance No. 68-06 is on file in the City Clerk's
office. )
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
]
Paul Dorling, Director of Planning and Zoning, stated the primary purpose
of this ordinance is to provide clarification in an objective manner to evaluate
compatibility and to help the development community and the Historic Preservation
Board (HPB) in determining what would be considered compatible development. The
amendments include some changes to demolition and specify additional information that
needs to be provided for justification for the demolition of any structure right now. It
also provides four major tools for defining compatibility: (1) Building Height Plane, (2)
Angle of Vision, (3) Lot Coverage, and (4) Infill Development Compatibility Survey.
Maximum lot coverage will be implemented based on either the average lot coverage
within the survey area, or the historic district (30% for Del-Ida Park, Marina, Old School
Square, and West Settlers and 35% for Nassau Street). Additions to contributing
structures would be able to increase their lot coverage by 5% above the maximum lot
coverage for that historic district. The Infill Development Compatibility Survey will
compare surrounding properties with proposed infill development to assure compatibility
with existing development on adjacent properties within the historic district. The survey'
will include the four (4) structures across the street, two (2) on either side of the property
and the abutting properties to the rear.
At its meeting of February 21, 2007, the Historic Preservation Board
- 18 -
03/05/07
considered the subject LDR amendments. The Board made a motion to approve the
amendments and the motion failed with a vote of 1 to 5. Mr. Dorling noted that the
Historic Preservation Board will reconsider this at their March 7, 2007 meeting and staff
is hopeful that they will recommend approval. At its meeting of February 22, 2007, the
Community Redevelopment Agency (CRA) considered the LDR amendments and did not
support it at that time and suggested that the amendments be further reviewed and
revised. At its meeting of February 26, 2007, the Planning and Zoning Board made a
motion to approve the LDR amendments and the motion failed with a 0 to 5 vote. The
Downtown Development Authority (DDA) will review the amendments at their March
12, 2007 meeting and their findings will be reported to the City Commission at their
March 20,2007 meeting. The West Atlantic Avenue Redevelopment Coalition (W ARC)
will make a recommendation to the City Commission at its meeting of March 14, 2007
and their findings will be reported to the City Commission at their March 20, 2007
meeting. Staff recommends approval.
Mayor Perlman declared the public hearing open.
Michael Weiner~ l02 North Swinton Avenue. Delrav Beach. stated he
represents nine owners in the Marina District as well as commercial property owners but
he is not taking six minutes. For the record, Mr. Weiner stated he believes he deserves 39
minutes and that he is not being given appropriate time in order to make their arguments
and this may make these hearings constitutionally defective.
The City Attorney stated this is not a quasi-judicial hearing nor will it be
quasi-judicial on second reading. She stated this is a legislative activity and informed
Mr. Weiner he is not entitled to six minutes; however, he can speak for three minutes.
Mr. Weiner stated the City of Delray Beach cannot violate its
Comprehensive Plan. He made reference to Coastal Management Element Objective C-l
and Coastal Management Objective Policy C-l.l. He stated there is no historic
compatibility and urged the Commission to not support this ordinance.
Cheryl Jones. l3l S.E. 7th Avenue. Delrav Beach. urged the
Commission to pass this ordinance and stated she purchased her 1924 home in July 1986.
On January 1989, her home was appraised and the value increased by over 30%. She
stated the only thing that was changed in this two year period was that her neighborhood
was designated a historic district and she took down some wallpaper. In 2002, she stated
a very large 3-story building (approximately 3,200) housing 8 townhomes was built
behind her home. Also, located next door to her, a 2-story very large building was built
(approximately 3,200 square feet) and this development received 143 code variances. In
her opinion, Ms. Jones stated this decreased the value of her home because she used to be
able to see the marina from her second story deck and now she sees her neighbor's
windows and garage. She stated the LDR's need some tweaking; however, she urged the
Commission to approve this ordinance.
Ellen Kev. 32l S.E. 7th Avenue. Delrav Beach. stated she is strongly
- 19-
03/05/07
opposed to the new amendments to the LDR's because she feels they are too restrictive
and cumbersome. She urged the Commission to not support this ordinance.
Anita Dietrich. 238 S.E. 7th Avenue. Delrav Beach. stated they bought a
home in the historic district in 1998 prior to the Marina District being named a historic
district. Approximately, ten years ago they went through the Historic Preservation Board
and did an addition on their home. Under the LDR's that are now being proposed, Mrs.
Dietrich stated they would not be able to build the addition. Mrs. Dietrich stated they
would like to add a garage with one-room on top and commented that their home sits on
the very back of their lot. Mrs. Dietrich stated their property was used as a test property
and the architectural firm came up with an idea to place the garage in the back of their
house which would not be connected to the home but would be right up against their
home. Therefore, they would be looking at the garage out of the kitchen window. She
urged the Commission to not approve this ordinance. Mrs. Dietrich stated they were not
contacted by the architect and when it came before the City a slide showed a swimming
pool drawn in the front yard and she noted they do not have a pool.
1
I
Lois Brezinksi. 110 N.E. 7th Street. Delrav Beach (Del-Ida Park
Historic District). stated these guidelines are desperately needed and urged the
Commission to support this ordinance.
Steve Harsnett. 405 S.E. 7th Avenue. Delrav Beach. stated he has
attended ~ountless meetings and feels that most people are concerned with how this will
personally affect them. He stated through this process each Board still comes up with
more questions and more areas that are not yet clear. Mr. Harsnett stated with so many
items that continue to come up with each meeting that require further clarification he
does not feel this should not be rushed through and that it should be done right the first
time.
1
i
J
Joe Snider. ll98 S.W. 5th Court. Boca Raton. stated he has been visiting
Delray Beach for over six years and returns to visit friends and family each year. In his
opinion, Mr. Snider stated it is those people who come to visit who can see more clearly
changes since their last visit than those who have watched these changes happen
gradually on a daily basis. He stated this perspective of Delray Beach as an outsider
visiting on occasion throughout the years gives him special insight into the community.
He stated he has lived in two of the most historic communities in the country
(Georgetown, Washington D.C. and Santa Fe, New Mexico). Mr. Snider read a brief
statement into the record and explained his credentials. He stated he has seen a very
drastic change in Delray Beach in a very short time and urged the Commission to take a
close look at the proposed ordinance and consider property rights. He urged the
Commission to listen to the recommendations of Mr. Gonzalez with REG Architects.
Jane Deponte. 24 Marine Way. Delrav Beach. expressed concern over
Mr. Weiner's comments about the mandate that he feels that the City and the CRA in
joining in the development of the northern part of the Marina Historic District disturbs
her greatly. She stated this property is extremely valuable and noted she can see what has
happened in Riviera Beach with waterfront property. Mrs. Deponte stated she wants to
- 20-
03/05/07
preserve the historic districts and does not want to see the City of Delray Beach get into
an issue like Riviera Beach regarding eminent domain. She urged the Commission to
take REG's proposal and incorporate into the Historic Preservation Guidelines.
Jose Herrera. l4897 Whatley Road. Delrav Beach. urged the
Commission to thoroughly think through the historic guidelines and not rush through this.
He asked the Commission to think about his generation and what will happen 25 years
from now when people from his generation want to do something in the historic district.
Matthew Grabham. 350 S.E. 7th Avenue. Delrav Beach. stated we have
guidelines in force which are protecting the historic guidelines now. He does not feel
there is an urgency to pass these proposed guidelines until they are ready and right. Mr.
Grabham supports preserving history and noted he has attended the CRA meetings,
Planning and Zoning, and HPB meetings and he has a lot of respect for what they do.
Mr. Grabham stated one recommendation he supports is to have local architects have a
Commission of their own and look through these guidelines as what the City did with the
CBD (Central Business District) guidelines so that they do not have to be redone. He
urged the Commission to really take more time to test these guidelines before the
Commission votes on them.
Craif! Valvo. 325 S.E. 7th Avenue. Delrav Beach. stated there are current
guidelines in place protecting the historic districts. He briefly spoke about lot coverage
and stated although the lot coverage's are clearly displayed in the proposed ordinance, it
is not the lot coverage percentage that actually governs the size of the property but it is
the survey area. He expressed concern over the survey area and stated it creates a
tremendous amount of restriction. Mr. Valvo stated of the 15-20 properties in the
southern half of the Marina Historic District not one of them could be rebuilt in their
current state today under the proposed ordinance and this is because of the survey area.
He stated there may be one or two exceptions but to the best he can tell not one of them
could be rebuilt.
Joanne Peart. l07 N.W. 9th Street. Delrav Beach (member of the
Historic Preservation Board). stated at the meeting she meant to vote for the proposals
to go forward for Mr. Gonzalez. She stated when she came on the Historic Preservation
Board there were problems because the guidelines were not written for the
mansionization that has been coming to the historic district in recent years. Mrs. Peart
stated the guidelines were open to interpretation and the Board wanted a real formula so
that they could be fair to everyone. She urged the Commission to support the proposed
historic guidelines and looks forward to having a formula to use on the Board.
There being no one else from the public who wished to address the
Commission regarding Ordinance No. 68-06, the public hearing was closed.
Mr. Fetzer stated he feels a lot of great work has been done on this
ordinance and it is something that we agreed we needed in the city. He stated there are
still some unresolved issues and questions. He is particularly concerned that there has
- 21 -
03/05/07
been little support from other City Boards and because of the concerns the Boards have
he is not ready to move this ordinance forward to second reading.
Mrs. Montague asked what will happen next if this ordinance is voted
down this evening. The City Attorney stated another ordinance can be brought back to
the Commission or they can move to table this ordinance sending it back to Boards for re-
working. Mrs. Montague stated preserving the community is the single most important
issues for the Commission and she would like to get this right. Mrs. Montague stated she
will not support this ordinance this evening. She wants to pay close attention to the
survey area and would like the districts reviewed and stated there may need to be some
modifications from district to district. Mrs. Montague stated she would like to get this
done right even if it takes another 3 or 4 months. She stated she is going to get the
balance between property rights and preserving the city and will have as many individual
meetings as she needs to until we have something that is a good compromise for this city.
Mr. Levinson expressed concern over the commercial areas in the CBD
(Central Business District) particularly in OSSHAD and stated this will require a
differentiation. Mr. Gonzalez stated the issues have been primarily in the residential
areas and this is why they have focused in the residential areas. Mr. Gonzalez stated with
regard to the commercial area, the setbacks are tighter, there is better angle of vision, and
there are other overlay areas such as the CBD areas which do a very fine job of
controlling the commercial work.
Mr. Levinson stated he believes there was discussion about something
similar to what was done with the Downtown Design Guidelines where they took a
Saturday morning and brought in local architects who deal with historic issues and asked
if this was done. Mr. Gonzalez stated he was hired as a firm to do this work for nine
months and 2 12 months ago they started a test to see if the guidelines would work and
from they test the guidelines appear to be working fine. Mr. Gonzalez stated they have
spent a lot of time in their office and with Urban Design Studio in working out what they
feel is best for the five historic districts. Mr. Levinson asked Mr. Gonzalez if we have
gone back to what his recommendations were after all the tweaking was done by staff.
Mr. Gonzalez stated the first draft had a lot of the language and it did change slightly.
Mr. Gonzalez stated they were able to change it and bring it back in its new form and this
is when the test was performed (November/December 2006). Mr. Levinson expressed
concern over the Historic Preservation Board members not reading or taking the extra
time to fully understand the materials. Mr. Levinson stated there are some issues that can
be done to improve the ordinance and feels we need to look at lot coverage on an
individual district basis. Mr. Levinson stated he would like something on the books to
provide more specificity so that the Board members have a better understanding of the
guidelines.
Mrs. Ellis stated look at what we got for not having these design
guidelines and supports passing this ordinance. She stated hopefully if this ordinance is
passed this evening the Commission will either come back with new guidelines or we
will have a second hearing on March 20th. .
- 22-
03/05/07
Mayor Perlman asked Mr. Gonzalez if he feels this ordinance reflects the
work he did over the nine month public process. Mr. Gonzalez stated rather than the
ordinance being more complex it actually has more clarifications. Mr. Gonzalez asked
the Commission to confirm the ordinance and stated this is very similar to what has been
done in other cities.
Mayor Perlman stated comments were expressed over the way the
guidelines deal with the number of stories. Mr. Gonzalez stated Nassau Street is
basically one-story with a few two-story additions. Mr. Gonzalez stated if you have 1 ~
story it means that the front needs to stay one-story and the back is where you can do th~
two-story portion of the house. The City Manager stated there has been a lack of
understanding about that point and this is why this needs to be clarified. Mr. Dorling
stated clarification was needed that the ~ story represents 50% or less than the ground
floor footprint and anything more than 50% would be a second story. The City Manager
stated this has now been clarified.
Mr. Levinson moved to approve Ordinance No. 68-06 on First
Reading/First Public Hearing, seconded by Mrs. Ellis. Upon roll call the Commission
voted as follows: Mrs. Montague - No; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr.
Fetzer - No; Mr. Levinson - Yes. Said motion passed with a 3 to 2 vote, Commissioner
Montague and Commissioner Fetzer dissenting.
lO.C. THIS ITEM HAS BEEN POSTPONED DUE TO THE
APPLICANT'S REQUEST.
lO.D. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA.
lO.E. ORDINANCE NO. 6-07 (SECOND READING/SECOND PUBLIC
HEARING): City initiated amendment to the Land Development Regulations (LDR)
Section 4.4.13, "Central Business (CBD) District," Subsection (F), "Development
Standards," relating to the Downtown Delray Beach Design Guidelines.
The caption of Ordinance No. 6-07 is as follows:
THE ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRA Y BEACH
BY AMENDING CHAPTER FOUR, "ZONING
REGULATIONS", SECTION 4.4.13 "CENTRAL
BUSINESS (CBD) DISTRICT", SUBSECTION (F),
"DEVELOPMENT STANDARDS", IN ORDER TO
PROVIDE UPDATED DESIGN GUIDELINES FOR THE
CENTRAL BUSINESS DISTRICT; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE
- 23-
03/05/07
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 6-07 is on file at the City Clerk's
'1
office. )
The City Attorney read the caption ofthe ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated these are
amendments to the Downtown Delray Beach Design Guidelines. On March 19, 2002, the
City Commission adopted the Downtown Delray Beach Master Plan, to guide future
development of the downtown business districts. These guidelines, developed by
consultants Jaime Correa & Associates, the Design Guidelines Subcommittee,
community and industry stakeholders, and staff, were adopted by the City Commission
on May 4, 2004. Mr. Dorling stated there have been many projects that have been
approved under those Design Guidelines and only one ofthem is under construction. It is
noted by developers there has been some impact to these Design Guidelines with regard
to the construction costs and staff needed to review them. The Community
Redevelopment Agency (CRA) and City staff participated in a series of meetings with
local developers and design professionals to review the guidelines and determine if
changes were warranted.
Mr. Dorling stated it does maintain the ground floor in the current Design
Guidelines of five feet for non-residential from the property line; ten feet for residential
and it requires that the majority of that building be at ten feet and the remainder being
allowed to go to 15 feet. He stated another major change was that the old Design
Guidelines had six different groups of regulations and now there is only two and these are
based upon the adjoining width of the street. He stated where there is a wider street you
are allowed to go to three stories before you have to setback the building on the upper
stories and where there is a narrower street you are required to set it back after the second
story. Mr. Dorling stated wherever the setback (37 feet or 25 feet) the upper floors are
going to be a percentage of the ground floor. On the fourth floor you are limited to 70%
of the ground floor and as you go higher (above 48 feet) you are limited to 50% of the
ground floor. He stated the definition of height has been modified to encourage hip,
gable and gambrel roofs rather than flat roofs.
]
At its meeting of January 10,2007, the Board considered the changes and
did not have any concerns; at its meeting of February 7,2007, the Pineapple Grove Main
Street (PGMS) Board considered the changes and recommended approval; at its meeting
of February 12, 2007, the Downtown Development Authority (DDA) considered the
changes and recommended approval; at its meeting of January 11, 2007, the Community
Redevelopment Agency (CRA) considered the text amendments and recommended
approval; at its meeting of February 12, 2007, the Planning and Zoning Board considered
the LDR text amendment and several local architects and developers spoke in favor of the
changes. This included comments that the proposed changes continued to meet the intent
- 24-
03/05/07
of the original guidelines but would be easier to administer and provide greater design
flexibility. The Board discussed the ordinance and recommended approval with a 7 to 0
vote.
Mayor Perlman declared the public hearing open.
Matt Grabham. 350 S.E. ih Avenue. Delrav Beach. stated he
understands that this is the output of the local architects given the opportunity to revise
and update the guidelines given that development was stopped for two years a part from
one project. He stated he hopes that local architects who are going to enforce guidelines
in the future are given the opportunity to participate in creating design guidelines before
they are passed.
Carv Glickstein. l118 Waterway Lane. Delrav Beach. fully supports
the change and commended City staff and the Community Redevelopment Agency
(CRA) for taking the initiative to get the input from the design professionals and make
them work better. He hopes to revisit the design guidelines from time to time.
There being no one else from the public who wished to address the
Commission regarding Ordinance No. 6-07, the public hearing was closed.
Mrs. Ellis moved to adopt Ordinance No. 6-07 on Second Reading/Second
Public Hearing, seconded by Mrs. Montague. Upon roll call the Commission voted as
follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes;
Mrs. Montague - Yes. Said motion passed with a 5 to 0 vote.
lO.K ORDINANCE NO. 8-07 (FIRST READING/FIRST PUBLIC
HEARING): City initiated amendment to the Land Development Regulations Article
4.5 (Overlay and Environmental Management Districts), Section 4.4.9 G<; (General
Commercial District) and Section 4.4.12 PC (planned Commercial District) to
accommodate redevelopment at the intersection of West Atlantic Avenue and Military
Trail. If passed, a second public hearing will be scheduled for March 20, 2007.
The caption of Ordinance No. 8-07 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 4.4.9, "GENERAL
COMMERCIAL (GC) DISTRICT", SECTION 4.4.12,
"PLANNED COMMERCIAL (PC) DISTRICT";
ENACTING SECTION 4.5.14, "FOUR CORNERS
OVERLAY DISTRICT", TO PROVIDE FOR THE
CREATION AND IMPLEMENTATION OF THE FOUR
CORNERS OVERLAY DISTRICT; PROVIDING A
- 25 -
03/05/07
SAVING CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
']
(The official copy of Ordinance No. 8-07 is on file in the City Clerk's
office.)
The City Attorney read the caption ofthe ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter ofthe City of Delray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated this is a City-
initiated amendment and it is being processed to further policies in the Comprehensive
Plan which call for the implementation of innovative development practices and
provision of variety of housing types including workforce housing opportunities. The
amendment creates an Overlay District which is to be placed over the commercially
zoned properties (GC and PC) at the West Atlantic Avenue and Military Trail
intersection. This overlay will encourage mixed use development. The actual overlay is
delineated under LDR Section 4.5.14 and the provision of uses and development
standards are identified under LDR Section 4.4.9 and Section 4.4.12. The primary
function is to provide for a mix of office commercial and residential uses along with
workforce housing. Office and General retail uses, including direct support services and
other retail uses, would be allowed at 100% of the overall building square footage.
Multifamily development would be allowed up to a maximum density of 30 units per acre
and limited to a maximum of 75% of total building square footage on any master
development plan. The building height would be increased from 48 feet to 68 feet but
only for four acres or more. Mr. Dorling stated this would help promote aggregation.
]
At its meeting of February 26, 2007, the Planning and Zoning Board
considered the LDR amendment and several local architects and developers spoke in
favor of the changes. The Board discussed the Ordinance and recommended approval
with a 5 to 0 vote.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 8-07,
the public hearing was closed.
Mr. Fetzer moved to approve Ordinance No. 8-07 on First Reading/First
Public Hearing, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows:
Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor
Perlman - Yes. Said motion passed with a 5 to 0 vote.
lO.G. ORDINANCE NO. 7-07: An ordinance amending Chapter 33, "Police
and Fire Departments", Subheading "Pensions", of the Code of Ordinances by amending
Section 33.66, "Finances and Fund Management", revising investment provisions.
- 26-
03/05/07
The caption of Ordinance No. 7-07 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING CHAPTER 33, "POLICE AND FIRE
DEPARTMENTS", SUBHEADING "PENSIONS", OF
THE CODE OF ORDINANCES OF THE CITY OF
DELRA Y BEACH, FLORIDA, BY AMENDING
SECTION 33.66, "FINANCES AND FUND
MANAGEMENT", REVISING INVESTMENT
PROVISIONS; PROVIDING A GENERAL
REPEALER CLAUSE; PROVIDING A SAVING
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
(The official copy of Ordinance No. 7-07 is on file at the City Clerk's
office.)
The City Attorney read the caption ofthe ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
. Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 7-07,
the public hearing was closed.
Prior to the vote, Mr. Levinson stated the Commission has talked about a
30-day requirement for any changes to in the Police and Fire investment policy having to
come back to the Commission. He referenced page 2, Section 4 which talks about the
periodic update of the investment policy. Mr. Levinson stated the Commission talked
about that before it was implemented they have a 30-day period of approval or
disapproval. He stated they could initiate a change in the investment policy and it had to
be sent to the Commission in 30 days. The City Attorney stated this is a statutory
requirement and therefore it does not need to be in the ordinance. However, the City
Attorney stated there is a requirement regarding no longer than thirty days following the
end of each calendar quarter. Mr. Levinson stated he wants to ensure that the
Commission has the opportunity to amend the ordinance if necessary. The City Attorney
stated if she feels that this needs to come back to the Commission, she will bring this
back as a second ordinance.
Mrs. Ellis moved to adopt Ordinance No. 7-07 on Second and FINAL
Reading, seconded by Mrs. Montague. Upon roll call the Commission voted as follows:
Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes;
Mrs. Ellis - Yes. Said motion passed with a 5 to 0 vote.
- 27-
03/05/07
At this point, the time being 8:24 p.m., the Commission moved to Item
11, Comments and Inquiries on Non-Agenda Items from the City Manager and the
Public.
~~l
,I
ll.A.
City Manaeer's response to prior public comments and inquiries.
None.
11.B. From the Public.
11.B.1. Diane Colonna. Community Redevelopment Aeencv (CRA). stated
CBS morning news was at their office and they were in town yesterday as well following
Carolyn Holder (Property Manager for the CRA) around. Ms. Colonna stated
approximately eight months ago Ms. Holder was diagnosed with an advanced case of
colon cancer. Donna Gogreve, Finance & Administration Director of the CRA,
suggested that a quilt be made for Ms. Holder so that everyone could feel like they were
doing something to help. Ms. Colonna stated everyone is making a square of the quilt
and it is all being done by hand. When the Finance Director was in the Quilter's
Marketplace one day, a reporter was there doing a story and started talking to Donna and
learned about the quilt. Ms. Colonna stated consequently, the Sun-Sentinel News wrote a
story about Carolyn Holder and this quilt. CBS News picked up on it and they are doing
specials on colon-rectal cancer because Katie Couric's husband died from this and they
continue to emphasize the awareness of it. Ms. Colonna stated Ms. Holder has made it a
point to inform people about the importance of getting tested and noted Ms. Holder is
now in remission. Ms. Colonna stated this story will air the week after next and she will
let the Commission know when the date will be.
;1
I
I
11.B.2. Matt Grabham. 350 S.E. 7th Avenue. Delrav Beach. commented about
the conference in Tallahassee that the Commission will be attending to discuss the
possibility of the property tax being reduced and sales tax being put in place across South
Florida which will treat many districts and towns the same. In his opinion, Mr. Grabham
stated this could have devastating impacts because what Boynton Beach needs is different
from what Delray Beach needs and is different from what Deerfield Beach needs, etc. He
stated we all have different needs and urged the Commission to take this into
consideration.
Mr. Levinson suggested that Mr. Grabham communicate his concerns to
his Legislators (both House and Senate) because they are the ones making these decisions
unilaterally and have not asked the Commission for their input. Mr. Levinson stated they
are doing what they think people want them to do and that if Mr. Grabham has a
particular opinion, to communicate this with his Legislators.
At this point, the time being 8:28 p.m., the Commission moved to Item
9.L. of the Regular Agenda.
9.L. APPOINTMENT TO THE HISTORIC PRESERVATION BOARD:
Appoint one (1) regular member to the Historic Preservation Board for an unexpired term
- 28-
03/05/07
ending August 31, 2008. Based upon the rotation system, the appointment will be made
by Mayor Perlman (Seat #5).
Mayor Perlman stated he wished to appoint Keith Snider as a regular
member to the Historic Preservation Board (HPB) for an unexpired term ending August
31, 2008. Mr. Levinson so moved, seconded by Mrs. Ellis. Upon roll call the
Commission voted as follows: Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor
Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes. Said motion passed with a 5 to 0
vote.
9.M. APPOINTMENTS TO THE NUISANCE ABATEMENT BOARD:
Appoint one (1) alternate member and four (4) regular members to the Nuisance
Abatement Board for two (2) year terms ending March 31, 2009. Based upon the rotation
system, the appointments will be made by Commissioner Montague (Seat #4), Mayor
Perlman (Seat #5), Commissioner Ellis (Seat #1), Commissioner Fetzer (Seat #2) and
Commissioner Levinson (Seat #3).
Mrs. Montague moved to appoint Leonard Epstein as an alternate member
to the Nuisance Abatement Board for a two (2) year term ending March 31, 2009,
seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mrs.
Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr.
Levinson - Yes. Said motion passed with a 5 to 0 vote.
Mayor Perlman stated he wished to reappoint Todd L'Herrou as a regular
member to the Nuisance Abatement Board for a two (2) year term ending March 31,
2009. Mr. Levinson so moved, seconded by Mrs. Montague. Upon roll call the
Commission voted as follows: Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer-
Yes; Mr. Levinson - Yes; Mrs. Montague - Yes. Said motion passed with a 5 to 0 vote.
Mrs. Ellis moved to reappoint Kenneth Kaltman as a regular member to
the Nuisance Abatement Board for a two (2) year term ending March 31, 2009, seconded
by Mrs. Montague. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes;
Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes.
Said motion passed with a 5 to 0 vote.
Mr. Fetzer moved to reappoint Philip Friedman as a regular member to the
Nuisance Abatement Board for a two (2) year term ending March 31, 2009, seconded by
Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; Mr.
Levinson -'Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes. Said
motion passed with a 5 to 0 vote.
Mr. Levinson moved to reappoint Arline Sherman as a regular member to
the Nuisance Abatement Board for a two (2) year term ending March 31, 2009, seconded
by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. Levinson -
Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes.
Said motion passed with a 5 to 0 vote.
- 29-
03/05/07
At this point, the time being 8:30 p.m., the Commission moved to the
First Readings portion of the Agenda.
l2. FIRST READINGS:
']
12.A. ORDINANCE NO. 9-07: Rezoning of a 0.78 acre parcel of land from
GC (General Commercial) to AC (Automotive Commercial) for Delray Cycle, located on
the east side of Dixie Highway, between Gulf Stream Boulevard and NE 23rd Street. If
passed, a public hearing will be scheduled for March 20, 2007.
The caption of Ordinance No. 9-07 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
REZONING AND PLACING LAND PRESENTLY
ZONED GC (GENERAL COMMERCIAL) DISTRICT TO
AC (AUTOMOTIVE COMMERCIAL) DISTRICT; SAID
LAND BEING A PARCEL LOCATED ON THE EAST
SIDE OF DIXIE HIGHWAY, APPROXIMATELY 1,250
FEET SOUTH OF GULF STREAM BOULEVARD, 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. 9-07 is on file at the City Clerk's
office.)
The City Attorney read the caption of the ordinance.
Paul Dorling, Director of Planning and Zoning, stated the subject property
was annexed into the City on August 22, 1989. On July 25, 2001, the Site Plan Review
and Appearance Board (SPRAB) approved a Class V site plan, landscape and
architectural elevations for Delray Cycle (a retail shop selling motorcycle parts and
accessories) on a 0.78 acre parcel fronting Dixie Highway. The facility was constructed
and has been operating since. The applicant is asking for a rezoning from GC (General
Commercial to AC (Automotive Commercial). The rezoning is being sought to convert a
portion of the existing building from retail sales (motorcycle parts) to motorcycle sales
and motorcycle repair. A separate Conditional Use request is being processed to allow
the repair aspects of this operation.
At its meeting of February 26, 2007, the Planning and Zoning Board held
a public hearing in conjunction with the AC zoning request. The Board considered this
item and voted 4 to 0 (Joe Pike stepped down) to recommend approval of the rezoning
request.
- 30-
03/05/07
Mrs. Montague moved to approve Ordinance No. 9-07 on FIRST Reading,
seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs. Montague
- Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes.
Said motion passed with a 5 to 0 vote.
12.B. ORDINANCE NO. lO-07: Privately initiated amendment to the Land
Development Regulations to establish an overlay district for family workforce housing
within the MIC (Mixed Industrial and Commercial) zoning district for the Depot Road
Property. Ifpassed, a public hearing will be scheduled for March 20,2007.
The caption of Ordinance No. 10-07 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 4.4.19, "MIXED INDUSTRIAL
AND COMMERCIAL (MIC) DISTRICT"; ENACTING
SECTION 4.5.15, "I-95/CSX RAILROAD CORRIDOR
OVERLAY DISTRICT; AMENDING SECTIONS 4.7,
"FINDINGS", SECTION 4.7.1, "DEFINITIONS",
SECTION 4.7.2, "APPLICABILITY", SECTION 4.7.5,
"DENSITY BONUS PROGRAM FOR THE
SOUTHWEST 10th STREET OVERLAY DISTRICT", TO
PROVIDE FOR THE CREATION OF A NEW
WORKFORCE HOUSING OVERLAY DISTRICT;
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 10-07 is on file at the City Clerk's
office. )
The City Attorney read the caption of the ordinance.
Paul Dorling, Director of Planning and Zoning, stated this is a privately
initiated text amendment to add an additional Workforce Housing Overlay District within
the MIC zoning district off Depot Road. The Overlay District will allow residential
development up to 24 units to the acre through the conditional use process with a
requirement that 25% of those units be workforce housing units. The development
standards for residential developments within overlay districts similar to those of the
S.W. Neighborhood and Carver Estates Overlay District and the Infill Workforce
Housing Area will be applied to this property which would acknowledge the greater
- 31 -
03/05/07
density needed. The proposed changes are supported by Comprehensive Plan
Amendment 2007-1, which was adopted by the City Commission on February 6, 2007.
Mr. Dorling stated if passed, there is a potential for an additional 78 workforce units to be
constructed within the City.
< ,
I
!
j
At its meeting of February 26, 2007, the Planning and Zoning Board
considered the text amendment and the Board recommended approval with a 4 to 0 vote
(Krall stepped down, Halberg and Zacks absent).
Mr. Fetzer moved to approve Ordinance No. 10-07 on FIRST Reading,
seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mayor
Perlman - Yes; Mrs. Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague
- Yes. Said motion passed with a 5 to 0 vote.
12.C. ORDINANCE NO. 11-07: Privately initiated amendments to the Land
Development Regulations, Article 4.7, "Family Workforce Housing," Section 4.7.2,
"Applicability," to allow payment of a fee to the Delray Beach Community Land Trust in
lieu of providing Workforce Housing units on site in order to qualify for increased height
or density in the CBD (Central Business District). If passed, a public hearing will be
scheduled for March 20,2007.
The caption of Ordinance No. 11-07 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES, BY
AMENDING SECTION 4.7.2, "APPLICABILITY" TO
PROVIDE THAT A MONETARY CONTRIBUTION
MAY BE MADE RATHER THAN PROVIDING
WORKFORCE HOUSING; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
1
J
(The official copy of Ordinance No. 11-07 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 these are privately
initiated amendment to the LDR's to accommodate revisions to the City's Workforce
Housing Program dealing with the payment of a fee for the Delray Beach Community
Land Trust in lieu of providing workforce units on site in order to qualify for increased
height or density in the CBD.
The amendment, as proposed by the applicant, is to allow an in-lieu
payment of $60,000 for each required workforce unit. Although staff supports the
addition of an in-lieu payment option to qualify for increased height or density in the
- 32-
03/05/07
CBD, this payment should be increased to match the subsidy required to provide a
workforce housing unit off site. In reviewing the current subsidies necessary for the
Community Land Trust (CL T) to provide a workforce housing unit in the city, it was
determined that the appropriate payment amount is $160,000 per workforce unit. This
figure represents the subsidy necessary to place a family of four into a moderate price
unit. Mr. Dorling stated the application that was going to be applied for has withdrawn
its Conditional Use application and the applicant will be coming back with 30 units to the
acre and not utilize this; however, staff feels it is prudent to move forward, adjust the
number to $160,000 and allow this option in the CBD for future development.
At its meeting of February 26, 2007, the Planning and Zoning Board
considered the text amendment. Several property owners within the Marina Historic
District were concerned that the amendment would allow higher intensity projects to be
constructed. They spoke against the amendment and requested that the in-lieu option not
be allowed adjacent to the historic district. The in-lieu payment option will just provide
an alternative to providing the units on site. The Board also discussed the in-lieu fee
amount and recommended approval on a 5 to 0 vote (Halberg and Zacks absent).
Prior to the vote, Mr. Levinson stated this is an important tool because in
these downtown units even though it is made affordable on the way in, when you add the
maintenance cost, condo fees, and taxes it skews the number. Mayor Perlman concurred
with comments expressed by Mr. Levinson and stated he wished there was more of a mix
of incomes downtown.
Mrs. . Ellis moved to approve Ordinance No. 11-07 on FIRST Reading,
seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mrs. Ellis
- Yes; Mr. Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman -
Yes. Said motion passed with a 5 to 0 vote.
12.D. ORDINANCE NO. l2-07: City initiated amendment to the Land
Development Regulations (LDR), enacting Section 2.4.11, "Developer's Agreements", to
allow the City to enter into Developer's Agreements, when it is in the best interest of the
City. If passed, a public hearing will be scheduled for March 20, 2007.
The caption of Ordinance No. 12-07 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES, BY
CREATING SECTION 2.4.11, "DEVELOPER'S
AGREEMENTS", TO PROVIDE FOR THE USE OF
DEVELOPER'S AGREEMENTS; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 12-07 is on file in the City Clerk's
- 33 -
03/05/07
office. )
The City Attorney read the caption of the ordinance.
']
Paul Dorling, Director of Planning and Zoning, stated Florida Statutes
permit cities to enter into developer's agreements providing an Ordinance allowing such
agreements is adopted. Since the City may desire to enter into such agreements in the
future, the proposed amendment will allow the City to do so. Under the proposed
language, entering into such an agreement shall be at the sole and absolute discretion of
the City, when it is in the best interest of the city.
At its meeting of February 26, 2007, the Planning and Zoning Board
considered the text amendment and no one from the public spoke. The Board discussed
the Ordinance and recommended approval with a 5 to 0 vote (Halberg and Zacks absent).
Mrs. Montague moved to approve Ordinance No. 12-07 on FIRST
Reading, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr.
Fetzer - Yes; Mr. Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs.
Ellis - Yes. Said motion passed with a 5 to 0 vote.
l2.E. ORDINANCE NO. l3-07: City initiated amendment to the Land
Development Regulations (LDR) Section 8.5.1, "Establishment of Public Arts Program",
Subsection 8.5.1(C), "Ownership and Maintenance", and Section 8.5.2, "Public Art
Advisory Board", to provide clarification as to the use of funds for the Public Arts
Program. Ifpassed, a public hearing will be scheduled for March 20,2007.
i
I
J
The caption of Ordinance No. 13-07 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES, BY
AMENDING SECTION 8.5.1, "ESTABLISHMENT OF
PUBLIC ARTS PROGRAM", SUBSECTION 8.5.1(C),
OWNERSHIP AND MAINTENANCE"; SECTION 8.5.2,
"PUBLIC ART ADVISORY BOARD" TO PROVIDE
CLARIFICATION AS TO THE USE OF FUNDS FOR
THE PUBLIC ART PROGRAM; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 13-07 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 a City-
initiated amendment to LDR Article 8.5, "Public Arts Program" to provide clarification
- 34-
03/05/07
as to the use of funds for the program. The purpose of the City-initiated amendment is to
provide clarification that monies generated by the Public Arts Program may be used to
fund art placed on private as well as public property, provisions have been added to
require that art placed on private property, which is funded by the program, be clearly
visible by the public, and that an agreement be executed between the City and the
property owner.
At its meeting of February 26, 2007, the text amendment was considered
by the Planning and Zoning Board and no one from the public spoke on this issue. The
Board discussed the Ordinance and recommended approval with a 5 to 0 vote (Halberg
and Zacks absent).
Mr. Levinson moved to approve Ordinance No. 13-07 on FIRST Reading,
seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr.
Levinson - Yes; Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs. Ellis - Yes; Mr.
Fetzer - Yes. Said motion passed with a 5 to 0 vote.
At this point, the time being 8:44 p.m., the Commission moved to Item
l3, Comments and Inquiries on Non-Agenda Items.
l3.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A.
CitvManaeer
The City Manager stated he is glad to be back in South Florida and noted
it was in the low 20's this morning in Tennessee.
13.B. City Attornev
The City Attorney had no comments or inquiries on non-agenda items.
13.C.
City Commission
13.C.1.
Mr. Fetzer
Mr. Fetzer stated he had a great time at the Roast and asked how much
money was raised for the non-profits.
Mayor Perlman stated there were 430 attendees ($100.00 per person) and
2,000 raffle tickets were sold.
13.C.2.
Mrs. Ellis
Mrs. Ellis stated she is looking forward to going to the NCCJ (National
Conference for Community and Justice) Awards on Friday in Davie.
Secondly, she stated the Roast was fun.
- 35 -
03/05/07
Lastly, Mrs. Ellis stated she hopes those who are going to Tallahassee will
carry her sentiments to the State Legislature.
l3.C.3. Mrs. Montaeue
I
Mrs. Montague had no comments or inquiries on non-agenda items.
l3.C.4.
Mr. Levinson
Mr. Levinson stated he would like to publicly mention the Roast
Committee which was made up of the five organizations and many of their staffers. He
gave special recognition to the Chamber Education Fund, the Achievement Center and
the Milagro Center for their efforts with organizing the Roast. Mr. Levinson stated he
would like a copy of the video from the Roast.
Secondly, he stated the Robert "Bob" Federspiel Garage Dedication on
Sunday (March 4, 2007) was a fabulous event and extremely well attended.
Lastly, Mr. Levinson commented about the Courtesy Notices and stated
the Neighborhood Advisory Council (NAC) is a City Board. He stated there are
currently two organizations that are receiving these notices P.R.O.D. (Progressive
Residents of Delray), and the Presidents Council which is defunct. Mr. Levinson
suggested that some perimeters be set for staff, costs, etc. and stated with everything that
is available on the web; he feels the expense is not fair to be born by the taxpayers
particularly in a very tight time of costs.
1
I
j
l3.C.5.
Mavor Perlman
Mayor Perlman stated he received an email from Mr. Bob Victorin today
regarding the green space issue. The BPOA (Beach Property Owners Association) is
requesting t,hat the City advocate with FDOT for the green space to be restored to that
area. Mr. Levinson stated in the original consensus plan it was proposed that there are a
couple of places where people built their walls on the property line at the right-of-way
and we would request that they move their wall back two feet to allow that. Mayor
Perlman stated he suggested that the BPOA contact their State Legislators. Mayor
Perlman also suggested that the City write a letter or pass a resolution to send to FDOT.
. . Secondly, he commented about the Robert "Bob" Federspiel Garage
Dedication on Sunday, March 4, 2007 and stated the attendance was great.
Mayor Perlman stated he was the speaker at the Forgotten Soldiers
Outreach Banquet in Boynton Beach. He stated this was a nice event and they raised a
significant amount of money. Mayor Perlman stated he is hoping that other cities will
become as involved as Delray Beach was last holiday season. He stated there are a
number of soldiers that do not have family with means to ship a package so they receive
- 36-
03/05/07
nothing. However, he stated through this organization the soldiers are able to receive
packages and they all share.
He commented about the Tallahassee trip and stated Sebastian has
arranged a number of meetings with key Legislators regarding the property tax reform.
Mayor Perlman stated he and the City Manager had a conference call with Sebastian last
week and discussed some of the impacts that the community would have and some of the
politics around this issue.
Mayor Perlman stated campaign season is underway and he feels it should
be labeled as the "misinformation season". He stated he went to his mailbox today and
saw the same that the Loeb Campaign sent out. He stated mis-information is being sent
out regarding growth and development after this City, the Commission, and the citizens
have worked so hard to manage growth, install Design Guidelines, and restrict height
limits. Mayor Perlman stated it is not fair to the community to use fright tactics. He
stated Mr. Stanley's campaign came out with a flyer/card showing crime statistics of
Delray Beach with John Walsh on the front. Mayor Perlman stated this leads people to
believe that we live in a very unsafe city. He stated he reviewed the crime stats from
1995-2005 and they have had a steady downward trajectory. In the City's most troubled
neighborhoods crime is down dramatically including up to 60% in some of the rougher
weed and seed target areas. In 2006, he stated there was a slight increase in 2006 in
violent crime (3%); the County experienced an 11 % increase; Boynton Beach had a 33%
increase in violent crime in 2006. Mayor Perlman stated having read the national
statistics, there appeared to be a crime problem in this country in 2006. Mayor Perlman
stated no crime is acceptable; however, these things need to be put in context and not
used for political gain to frighten people into thinking that their community is unsafe.
Lastly, Mayor Perlman stated the SPIRIT Barbeque on Friday was
spectacular.
There being no further business, Mayor Perlman declared the meeting
adjourned at 9:06 p.m.
~~~ ~'~\~~J
City Clerk
ATTEST:
~ztfA
A OR '-
- 37-
03/05/07
']
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 March 5, 2007, which Minutes were formally approved and adopted by the City
Commission on March 20, 2007
~~~~.~~
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.
; ]
... -<
- 38-
03/05/07
.
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
-~OUNTY,MUNICIPAL, AND OTHER LOCAL PUBLIC' OFFICERS
. -. NAME-FlRST NAME-MIOOlE NAME ~~~,~COMMISSlON,fJJTHOmY,ORCOMMlfra:
Perlman, ,Jeffrey L. n~ ray B~aeli e, ty Comm1ssion
MfJf3~y Lakes Drive THE BOARD, cOUNcu:. coMt.AlsslON, AlJ:n.foorry OR COMMITTEE ON .
WHICH I SERVE IS A UNIT OF:
aTY COUNTY ~. o COlMY o OTtER LOCALAGENCY'
Delrav.Beach.Florida 33444 Palm Beach NAMe OF POUT1CAL SU8OMSION:
. . ; :
DATE ONMiICK VOTE OCCURRED MY. POSITION IS:
March 5, 2007 . XI El.ECTIVE '0. APPOINTIVE
WHO MUST FILE FORM 88
~ fann IS for use by any person serving at the county~ city. or other IocaIlevef of government on anappoint~ or elected board, councjl., .
. commission, authority, or committee. It applies equally to members of advisory .and non-advisorybodies. Who are presented ~. a'voting .
.conflict of Interest under Section 112.3143, Florida Statutes. '
; . Your responsibIlltles under the law when faced with voting ona ~surein which you have a conflict of interest will vary 'IJreatly depending
on whether you hold an elective or appointive position. For this reason, please pay dose attention to the .i~s on,thls.fQnn before
completing the reverse side and filing the fonn.
.- -.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLOR~bA$TAty.1"t;;,~ :.,-
, ~~ holding electlve or appointive county, municipal, or other local public office MUST Af3STAI~Jrom~o~99.a~~_~ ;
,$ to his or her special private gain or. kiss. Ea<:h elected or' apPointed local offlceralso is Prohibited tram knoWinglY voting On a mea-
;ute'which Inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (lnQlud'mg the
P8f:ent organization or subsidiary of a corporate principal by which he or she is retained); to the special privategaln or loSS of a relative; or
. to the specialprivategaltl or loss of abusirtess associate. CommiSsioners of community redevelopment agenclesunder ~.163.356o.r
163.357, F.S.. and offICers of independent speclaltax distrlcts elected on a one-acre, one-vote basis are not prohibited from voting in that
Capacity.
Fat purposes of this law, a .relative- includes only the offICer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law.
mother-in-law, son-in-law, and daughter-in-law. A "business associate- means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner. joint v.enturer, eoowner of property. or corporate shareholder (where the shares of the corporation
arenot listed on any national or regional stock exchange).
.
.
.
.
.
.
.
.
.
..
. t:LECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conOid:
PRIOR TO llIE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaInIng~rom voting; and
WITHIN 15 DAYS'AFTE~ THe VOTE OCCURS by cpmpleting and filing this form with the person responsible for reconftng the min-
utes of the'rneJung, who shOO!d incorporate ~ form In the minutes. ' '
.
.
.
.
.
.
.
.
.
.
.
.APPOINTED OFFICERS:
Although you.must abstain from voting in the s.JtuatlonS desciibed above. you otherwise may participate in these.:matters~ However, You .
""lUst disclose the .nature Of the conflict before making any attempt to influence the decision, whether 0~1Iy orinwritlngafld wheihermade
,- '-Qu or at.,oor dlrection~ .
,JU 1NTEND TO MAKE MY ATTEMPT TO INflUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILtSE
TAKEN:
. You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recOrding the
minutes of the meeting, who will Incorporate the fann in the minutes. (Continued on other side)
ce FORM 88 - EFF. 1/2000
ITEM 8.R EQUALS ITEM 9.A.l
PAGE 1
APPOIN"Fi:D OFFICERS (contlnqed)
~'~. . . .\ . .~ ..;- .-:.
.A~~the,,~~~.~~teIy1othe~'~Ofihe~.
. . .' ' '. ::' ,:-", .~. ".""" ;'. . ,. ..'-~: '. : . . - . . . .'
· The rortn.~~"*,-,,~8t.theriext meEtti~atterthe~tOni1'lsfiled. .
. . -. ,
IF YOU MAKE NO-ATIEMfYT TQ.INfLlJ,SNc.E THE QEClSIQ,...:ExCEPTBY DISCUSSION At THE MEETING~ .'
. ..:.. " _', "-" ::. _ :. ,:'j .- ~:"_' ,<. c' " ," '. ~" . _ . . . '. .
· You must disclose orally the nature of your,conflicl"iO th8mea~~fore participating..;:' '...
;.' .' ."",: . ,: - ....:~ " . ).. .
· . You musf~1he'forin arid fileltwithkl'15daYSiafterthe'Vot& occurs with the persoo responsible for recording the:~of the:
meeting. who must ~. ~ form In the mloutes. A copy. of the foimmuSt be prOvIded imlilediatelY to the other menmersofthe '.
'agericy.8ndihe'fonnmustbereadpu~li<;Iyatthenextmeetin9il'fterthefonnisfiled, . ,'... . .' :
..~ - . .
.', '-.
rn
DISCLOSURE OF LOCAL OFFICER'S INTEREST.
<' . .,
I Jeffrey P.erlman
.
, hereby disclose that On
March 5.
. 07
,~C;t~:
. '- _.:~ ..": '.~" . ,,~-:,-'l ..~F.,......:. . ...
(8) A me~' ~:or,if/lU ~ ~myagency which(check.~)
__' Inuted to my special private gain or loss;
, . ~.~~~:Il~,gal"qr~Ofmy.tJusl~~t&',</':j;<.;"
JWQt. 1nuted'1o;'thes~ga1n()rldSSotl11Yrerative.'lJiane Colpnna
: '_Inured ,to:the specialg~11J 9(.1Qas. of.
whoRl I ain retained; or
.. -'-- 'lnur8cftothe..spedalgalnorlossof '., .'. ".
. .:. .,.:';"':,'_:: ,r~,~";''-''I''';'fJ~,'':..-,:.-..:.".::',:~-,_ _,,',; '," . :. " _ ;.'-', ....- .', .~~ -.
is the ~. organliatiOrior SubSldi8ry ofa principal which has retained me. . ,
. '. ,- . i': .-.'.: .... : " .":, _ ::' . ~ '. ; . :;.... . --:.:' : . '.." '_. ....,~ ....
(b)11le,~"~~,~~j8$e~l'arJd.:~~~ o(mY~oo.Jr:l~~;~~,~t'e Is as..f()UO'tVS::,:
",:'?:.'"
.. c' .,~ .
......
,
....:...:. :.
,.,',;,' -;..-;,.',
.
,by
. ......~:.: :\.i\Yh1ch
-:';
...... .;,
'. ~ :.
., - ....-..
Oiatte 'C~ioitna;"mfwtfe i:stheE~ec,~ti~~_'i)j.re~t~rQf th'e c9iWn~~:Lty Redevelopment.
Agency (eRA) o. r"lf~VEf ~'adnfiict'\ro~ing'C;ri' ftetit;-~h~tdirectly'..aff~ct the: CRAi ,{ .,...
!"
>..:"
. . ',~.
"\.:"
~'.;,
,'March5. 2007
Date Filed
. - . -
NOTtCE: UNDE;RP-ROVISIONSOF: FlOR1DA 'stATUle$'~112.3fl~' A~A1LPREt(). .MAi<e'.ANY .REgUIf~EO.o'SCLOSuRE~ .
. CONSTITUTES GROUNO$'F0R-AND MAYBE PUNISHED BVONE OR MORE oFniE FOLLOWING: IMPEACHM,ENT.
RE. M. OV~. OR SUS. P.E. NSION FROM. OFF. ICE OR EMPLOYMENT, DEMOTION, REDUCTIO~ I_~. $AlARY, R~PRIMAI'!D!ORA. '. }. ,,_./
CIVILPENALTYNOTTO'~CEED~$10.0Q0. .' . ',... .
CE FORM 8B - EFF. 1/2000
PAGE 2
IN THE "CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
CONDITIONAL USE MODIFICA liON REQUEST FOR THE DELRA Y BEACH CLUB
ORDER OF THE CITY COMMISSION
OF THE CITY OF DElRA Y BEACH, FLORIDA
1. This conditional use modification request has come before the City
Commission on March 5, 2007.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the conditional use modification request
for the Delray Beach Club. All of the evidence is a part of the record in this case.
Required findings are made in accordance with Subsections I and II.
I. COMPREHENSIVE PLAN
a. Comprehensive Plan -Future land .Use Element ObiectiveA-1: This
objective requires that the property shall be developed or redeveloped, in a manner so
that the future use and intensity is appropriate in terms of soil, topographic, and other
applicable physical considerations, is complementary to adjacent land u"ses, and fulfills
remaining land use needs.
Is this objective met?
Yes 5
No 0
b. Future land Use Map: The resulting use of land or structures must be
al10wed in the zoning district within which the land is situated and said zoning must be
consistent with the applicable land use designation as shown on the Future Land Use
Map. The subject property has a Future Land Use Map designation of MD and is
zoned RM.
Future land Use - Is project's proposed location consistent with the
Future land Use Map?
Yes 5
No 0
II _ _ Q A
c. Concurrency: Facilities which are provided by, or through, the City
shall be provided to new development concurrent with issuance of a Certificate of
Occupancy. These facilities shall be provided pursuant to levels of service established
within the Comprehensive Plan.
Concurrency as defined pursuant to Objective B-2 of the land Use Element of
the Comprehensive Plan must be met and a determination made that the public facility
needs of the requested land use and/or development application will not exceed the
ability of the City to fund and provide, or to require the provision of, needed capital
improvements for the following areas:
Are the. concurrency requirements met as respect to water, sewer,
drainage, streets and traffic, parks, open space, solid waste.and
schools?
Yes 5
No.. 0
d. Consistencv: Will the granting of the conditional use be qonsistent
with and further the goals and policies of the Comprehensive Plan?
Yes . 5 No 0
e. Coastal Management Element Obiective 0..2: There shall not be any
development upon the barrier island which shall reduce hurricane evacuation ,time
beyond its present level or which shall lower the level of service at the intersections of
SR A-1-A and Atlantic Avenue; George Bush Boulevard and SR A-1-A; or at Linton
Boulevard and SR A-1-A.
Is this policy met?
Yes
5
No 0
II. LOR REQUIREMENTS:
LOR Section 2.4.5(E) Required Findings: (Conditional Use): Pursuant to
Section 2.4.5{E){5), in addition to provisions of Chapter 3, the conditional use will not:
i. Have a significantly detrimental effect upon the stability of the
neighborhood within which it will be located;
2
. c, Concurrency: Facilities which are provided by, or through, the City.... ...1.
shall be provided to new development concurrent with issuance of a Certificate of
Occupancy. These facilities shall be provided pursuant to levels of service established
within the Comprehensive Plan.
Concurrency as defined pursuant to Objective B-2 of the Land Use Element of
the Comprehensive Plan must be met and a determination made that the public facility
needs of the requested land use and/or development application will not exceed the
ability of the City to fund and provide, or to require the provision of, needed capital
improvements for the following areas:
Are the concurrency requirements met as respect to water, sewer,
drainage, streets and traffic, parks, open space, solid waste and
schools?
Yes 5
No 0
d. Consistency: Will the granting of the conditional use be consistent
with and further the goals and policies of the Comprehensive Plan?
Yes . 5 No 0
e. Coastal. Manaaement Element Obiective. 0..2: There shall not be any
development upon the barrier island which shall reduce hurricane evacuation time
beyond its.. present level or which shall lower the level of service at the intersections of
SR A-1-A and Atlantic Avenue; George Bush Boulevard and SR A-1-A; or at Linton
Boulevard and SR A-1-A.
Is this policy met?
Yes
5
No 0
II. LOR REQUIREMENTS:
LOR Section 2.4.5(E) Reauired Findin~s: (Conditional Use): Pursuant to
Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the conditional use will not:
i. Have a significantly detrimental effect upon the stability of the
neighborhood within which it will be located;
2
ii. Hinder development or redevelopment of nearby properties.
Will Section 2.4.5(E)(5) be met?
Yes 5 No_O_
3. The comments and notes set forth in the staff report are hereby
incorporated herein.
4. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the conditional use request was submitted.
5. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
6. Based on the entire record before it, the City Commission approves 5
denies 0 the conditional use modification request set forth above subject to the
Conditions set forth in Exhibit A, attached hereto and made a part hereof, and hereby.
adopts this Order this 5th day of March, 2007, by a vote of 5 in favor of denial and
o opposed.
~ g)D:A
· Rita Ell s, Vice-Mayor
ATTEST:
. .~~~~.~\
Chevelle Nubin
City Clerk
3
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
WAIVER REQUEST FOR DELRAY BEACH CLUB
ORDER OF THE CITY COMMISSION
. OF THE CITY OF DELRAY BEACH, FLORIDA
1. This waiver request has come before the City Commission on March 5,
2007.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the waiver request for the Delray Beach
Club Project. All of the evidence is a part of the record in this case. Required findings
are made in accordance with Subsection I.
I. WAIVER:
Pursuant to LOR Section 4.6.9(F)(3)(e)(i), at least 2 handicapped accessible spaces are
provided adjacent to the vehicle queuing area. The appliCant has requested a waiver to
eliminate one of the two required handicapped accessible spaces. .
Pursuant to LOR Section 2.4.7(B)(5), prior to granting a waiver, the approving body
shall make a finding that the granting of the waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not signifICantly diminish the provision of public facilities;
(c) Shall notcreate 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 elimination of one of the handicapped accessible spaces meet all the
requirements of 2.4.7(B)(5)?
Yes 5
No 0
3. The City Commission has applied the Comprehensive Plan and LDR
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.
1
II__AA (J ~
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 0 the waiver requests to LOR Section 4.6.9(F)(3)(e)(i).
6. Based on the entire record before it, the City Commission hereby adopts
this Order this 5th day of March, 2007, by a vote of 5
in favor and 0
opposed.
~~~ <C_~
ita Ellis, Vice-Mayor
ATTEST:
.~a.~~~).~
Chevelle Nubin, City Clerk
2
.'
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
IN LIEU PARKING FEE REQUEST FOR 325 PINEAPPLE GROVE WAY
ORD.ER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. This in lieu parking fee request has come before the City Commission on
March 5; 2007.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the in lieu parking fee request for 325
Pineapple Grove Way. All of the evidence is a part of the record in this case. Required
findings are made in accordance with Subsection I.
I. IN LIEU PARKING FEE:
Pursuant to LDR'Section 4.6.9(E)(3), when additional parking is required due to
infill development and it is impossible or inappropriate to provide such parking, the City
Commission may approve the payment of an in lieu fee rather than require the parking
space(s) be provided.
Does the In Lieu Parking Fee request for one in-lieu parking space upon
payment of $7,800 meet the requirements of LDR Section 4.6.9(E)(3) with conditions, if
,
any, listed below?
N/A
Yes 5
No
o
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.
1
11.._ ._^ Q fJ
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 0 the in lieu parking fee request as set forth above.
6. Based on the entire record before it, the City Commission hereby adopts
this Order this 5th day of March, 2007, by a vote of 5 in favor and 0
opposed. Cii. t
.&; ~~
ATTEST: . Rita EI s, Vice-Mayor
~~~\\~~
CheveUe Nubin, City Clerk
2
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
IN LIEU PARKING FEE REQUEST FOR
THE SAKI ROOM (f/kla BOB'S FAMOUS BAR AND POWER'S LOUNGE)
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRA Y BEACH, FLORIDA
1. This in lieu parking fee request has come before the City Commission on
March 5, 2007.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the in lieu parking fee request for The
Saki Room. All of the evidence is a part of the record in this case. Required findings
are made in accordance with Subsection I.
I. IN LIEU PARKING FEE:
Pursuant'to LOR Section 4.6.9(E)(3), when additional parking is required due to
expansions of use to an existing building and it is impossible or inappropriate to provide
such parking, the City Commission may approve the payment of an in lieu fee rather
than require the parking space(s) be provided.
Does the In Lieu Parking Fee request of one in-lieu parking space at a cost of
$15,600 meet the requirements of LOR Section 4.6.9(E)(3) and the conditions, if any,
listed below?
This approval should be added to the existinQ aQreement as an additional
space.
Yes 5
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.
1/____ Q 1)
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 0 the in lieu parking fee request as set forth above.
6. Based on the entire record before it, the City Commission hereby adopts
this Order this 5th day of March, 2007, by a vote of 5 in favor and 0
opposed.
ATTEST:
.'~.H~'\)~~)
CheveJleNubin, City Clerk
~~ crM~~
Rita E 's, Vice-Mayor
2