03-20-07 Minutes RegMARCH 20, 2007
A Regular Meeting of the City Commission of the City of Delray Beach,
Florida, was called to order by Mayor Jeff Perlman in the Commission Chambers at City
Hall at 6:00 p.m., Tuesday, March 20, 2007.
1. Roll call showed:
Present - Commissioner Fred Fetzer
Commissioner Jon Levinson
Commissioner Brenda Montague
Mayor Jeff Perlman
Absent - Commissioner Ellis
Also present were - David T. Harden, City Manager
Susan A. Ruby, City Attorney
Terrill Barton, Assistant City Attorney
Chevelle D. Nubin, City Clerk
2. The opening prayer was delivered by Reverend Sharon Austin with Cason
United Methodist Church.
3. The Pledge of Allegiance to the flag of the United States of America was
given.
4. AGENDA APPROVAL.
Mayor Perlman stated Item 9.C., Agreement/Wi-fi Services/Delray
Beach Wi-Fi, Inc. is being removed from the Agenda due to the applicant's request.
He stated there is additional information for Item 9.D., Capital Proiect
Financing Needs.
Mayor Perlman noted the addition of Item 9.H., Official Municipal
Election Results to the Regular Agenda by addendum.
Mrs. Montague moved to approve the Agenda as amended, seconded by
Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr.
Levinson -Yes; Mrs. Montague -Yes; Mayor Perlman -Yes. Said motion passed with
a 4 to 0 vote.
03/20/07
5. APPROVAL OF MINUTES:
Mr. Fetzer moved to approve the Minutes of the Regular Meeting of
March 5, 2007, seconded by Mrs. Montague. Upon roll call the Commission voted as
follows: Mr. Levinson -Yes; Mrs. Montague -Yes; Mayor Perlman -Yes; Mr. Fetzer -
Yes. Said motion passed with a 4 to 0 vote.
Mrs. Montague moved to approve the Special/Workshop Meeting of
March 15, 2007, seconded by Mr. Fetzer. Upon roll call the Commission voted as
follows: Mrs. Montague -Yes; Mayor Perlman -Yes; Mr. Fetzer -Yes; Mr. Levinson -
Yes. Said motion passed with a 4 to 0 vote.
6. PROCLAMATIONS:
6.A. Water Conservation Month -April 2007
Mayor Perlman read and presented a proclamation hereby proclaiming the
month of April 2007 as Water Conservation Month. Richard Hasko, Director of
Environmental Services came forward to accept the proclamation and gave a few brief
comments.
6.B. Commending multiple medal winners -Delray Beach 2007 Senior
Games
Mayor Perlman read and presented a proclamation hereby proclaiming
that CHRIS BURT, HERBERT FURASH, CORING "SNAG" HOLMES, RALPH
JOHNSEN, JUSTIN LANGSNER, RAYMOND LEBOWITZ, GEORGE
McNEILL, RODGER RIBEIRO, ANN SCHMIDT, RAFFI TOROYAN AND ABE
ULANOFF are to be commended for their many triumphs in this competition, and for
their spirit and enthusiasm.
6.C. Recognizing and Commending the Delray Rocks Football &
Cheerleading Squads
Mayor Perlman read and presented a proclamation hereby proclaiming the
Delray Rocks Football and Cheerleading participants to be "Champions among
Champions and Ambassadors of Good Will and Sportsmanship for the City of Delray
Beach, Florida." Coaches and David Ricks, Recreation Supervisor IV came forward to
accept the proclamations.
6.D. Recognizing and commending Melissa Kaminiecki
Administration/Recreation Division -Parks and Recreation Department Employee
of the Year for 2006; Greg Okonski -Ocean Rescue Division and Margaret Johnson
- Parks Maintenance Division as Parks and Recreation Toa Emnlovees of the Year
for 2006.
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Mayor Perlman read and presented a proclamation hereby recognizing and
commending MELISSA KAMINIECKI/Parks & Recreation Department Employee
of the Year 2006, GREG OKONSKUOcean Rescue Division, and MARGARET
JOIINSON/Parks Maintenance Division as Top Employees of the Year 2006 for their
respective divisions. Joseph Weldon, Director of Parks and Recreation, gave a few brief
comments and presented checks to the top employees of the year for 2006.
7. PRESENTATIONS:
7.A. Zion Study Circle -Susan Ruby
Susan Ruby, City Attorney, stated it is a great pleasure for her to introduce
the members of the Zion Study Circle. The Zion Study Circle is named after this town
because in the 1800's the second keeper of the House of Refugee his wife Mrs. Andrews
identified the post office address of this town as Zion Florida. One of the meanings of
the word Zion is Utopia or a special place. Mrs. Ruby stated her study circle has been
meeting since August 2006 in one another's homes and worked on their project which
they identified as having a more inclusive history of the City of Delray Beach
recognizing everyone who has contributed to this great city. Mrs. Ruby introduced the
following Zion Study Circle members:
Elizabeth Alpert
Pastor Sharon Austin
Vickie Blose
Arthur Brown
Alan Burgess
Cory Cassidy
Pastor Delpe
Charlotte Durante
Pastor Evens Jules
Susan Ruby
Thuy Shutt
Pastor Thicklin
Shelly Weil
Patsy Westall
Alice Finst
Lori Durante
Patsy Westall read a poem regarding R.A.C.E. Relations into the record,
Reverend Sharon Austin and Lori Durante spoke briefly regarding their project.
8. CONSENT AGENDA: City Manager Recommends Approval.
B.A. ACCEPTANCE OF EASEMENT DEED/BBC, LLC: Accept an
easement deed for a five foot sidewalk easement along the north side of the 1100 Block
of NW 1 S` Street.
8.B. RESOLUTION NO. 22-07/FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT)/OLD GERMANTOWN ROAD SIDEWALKS•
Approve and adopt Resolution No. 22-07 authorizing execution of a Joint Participation
Agreement (JPA) with the Florida Department of Transportation (FDOT) for the
installation of sidewalks on Old Germantown Road between Linton Boulevard and
Homewood Boulevard.
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The caption of Resolution No. 22-07 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, APPROVING
THE JOINT PARTICIPATION AGREEMENT FOR THE
CONSTRUCTION AND FUNDING OF THE
SIDEWALK ALONG OLD GERMANTOWN ROAD
BETWEEN LINTON BOULEVARD AND HOMEWOOD
BOULEVARD AND AUTHORIZING THE EXECUTION
OF THE AGREEMENT.
(The official copy of Resolution No. 22-07 is on file in the City Clerk's
office.)
8.C. SERVICE AUTHORIZATION NO. lO/MATHEWS CONSULTING,
INC.: Approve Service Authorization No. 10 to Mathews Consulting, Inc. in the amount
of $39,320.00 for professional services for updating the computerized hydraulic model of
the water distribution system. Funding is available from 441-5181-536-31.90
(Water/Sewer Fund/Other Professional Services).
8.D. AGREEMENT/MARLIN ENGINEERING: Approve an agreement
with Marlin Engineering in the amount of $20,981.94 to provide professional services for
the presentation of a Quiet Zone Study for the CSX Railroad five (5) public and four (4)
private crossings of record within Delray Beach. Funding is available from 001-2911-
519-31.30 (General Fund/Engineering/Architect).
8.E. INTERLOCAL AGREEMENT/PALM BEACH
COUNTY/TROMBONE STYLE MAST ARMS/SR AlA AND EAST ATLANTIC
AVENUE: Approve an Interlocal Agreement with Palm Beach County for
reimbursement in the amount of $46,500.00 for the installation of trombone style mast
arms at the intersection of SR AlA and East Atlantic Avenue.
8.F. SPECIAL EVENT REOUEST/EASTER SUNRISE SERVICE:
Approve a request to endorse the Easter Sunrise Service to be held on April 8, 2007, to
grant a temporary use permit per LDR Section 2.4.6(F) for the closure of South Ocean
Boulevard from Atlantic Avenue to Miramar from 6:00 a.m. to 7:30 a.m., grant the use of
the pavilion, authorize staff support for traffic control, barricading. and EMS presence.
8.G. AGREEMENT/DELRAY BEACH HOUSING AUTHORITY:
Approve an agreement between the City and the Delray Beach Housing Authority
(DBHA) granting the City permission to access the Carver Estates property in order to
demolish the buildings and clear the site.
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8.H. AMENDMENT/COMMUNITY DEVELOPMENT DIVISION
PROGRAM DESCRIPTION MANUAL: Approve a request to amend the Community
Development Division Program Description Manual which specifies the standard
operating procedures for Federal, State and Local program administration under the
Department of Community Improvement, Community Development.
8.I. REQUEST TO EXCEED HOUSING REHABILITATION GRANT
LIMIT: Approve a request to exceed the housing rehab Community Development Block
Grant (CDBG) limit of $35,000.00 in order to address unforeseen health and safety
concerns for one (1) housing rehabilitation grant located at 102 SW 8th Avenue. Funding
is available from 118-1963-554-49.19 (Community Development Fund/Housing
Rehabilitation).
8.J. CONSTRUCTION CONTRACT/HARTZELL CONSTRUCTION.
INC.: Approve a construction contract with Hartzell Construction, Inc., in the amount of
$98,796.00 for the construction of concrete sidewalks, clearin~ and grubbing, and
sodding swales along SW 4th Street, SW 11th Avenue and SW lOt Avenue. Funding is
available from 118-1965-554-63.11 (Community Development
Fund/Bikepaths/Sidewalks).
8.K. RESOLUTION NO. 24-07: Approve Resolution No. 24-07 regarding
the expenditure of money in support of the proposed amendments to the Palm Beach
County Charter.
office.)
The caption of Resolution No. 24-07 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA (THE "CITY")
FINDING THAT THE EXPENDITURE OF MONEY IN
SUPPORT OF THE PROPOSED AMENDMENT TO
THE PALM BEACH COUNTY CHARTER SERVES A
PUBLIC PURPOSE; PROVIDING THAT THE
DISSEMINATION OF INFORMATION CONCERNING
THE IMPACTS OF THIS AMENDMENT ON THE
CITIZENS OF THE COUNTY AND THE CITY IS
ESSENTIAL TO THE HEALTH, SAFETY,
PROTECTION AND WELFARE OF THE CITY AND
ITS CITIZENS; PROVIDING AN EFFECTIVE DATE;
AND FOR OTHER PURPOSES.
(The official copy of Resolution No. 24-07 is on file in the City Clerk's
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8.L. AGREEMENT/SERVICE AUTHORIZATION NO. 1/GLATTING
JACKSON KERCHER ANGLIN, INC.: Approve an agreement and Service
Authorization No. 1 with Glatting Jackson Kercher Anglin, Inc. for professional
consulting services in conjunction with the Old School Square Cultural Arts Center
Expansion Project. The proposed fees for Phase 1 total $128,500.00. Funding is
available from 334-4151-572-63.59 (Improvements Other/Old School Square Park
Improvements).
8.M. SERVICE AUTHORIZATION NO. 6/COASTAL PLANNING &
ENGINEERING, INC.: Approve Service Authorization No. 6 to Coastal Planning &
Engineering, Inc., in the amount of $26,750.00 for consulting services in developing
plans, specifications and providing construction services at the Atlantic Dunes Boardwalk
Project. Funding is available from 334-4170-572-63.48 (General Construction
Fund/Atlantic Dunes Boardwalk).
8.N. GUARANTEED MAXIMUM PRICE (GMP)/WESTERN/SENIOR
COMMUNITY CENTER/WEITZ COMPANY: Approve Phase II of the Guaranteed
Maximum Price (GMP) in the amount of $10,123,650.00 to The Weitz Company for the
Western/Senior Community Center Project. Funding is available from 380-4150-572-
62.58 (2004 G.O. Bond/Western/Senior Community Center).
8.0. FDOT UTILITY PERMIT & HOLD HARMLESS
AGREEMENT/WALGREENS STORE NO. 5489: Authorize the City to act as the
utility permit applicant for connecting a fire hydrant to an existing water main in the
Florida Department of Transportation (FDOT) right-of--way, located at the intersection of
West Atlantic Avenue and Military Trail and approve a hold harmless agreement with the
developer (Rockwell Development).
8.P. VIDEO PRODUCTION AGREEMENT/DELRAY YOUTH
VOCATIONAL CHARTER SCHOOL: Approve and ratify an agreement with the
International City Management Association (ICMA) for the preparation of a video about
the Delray Youth Vocational Charter School and authorize the City Manager to execute
the attached contract for video production.
8~. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards for
the period March 5, 2007 through March 16, 2007.
8.R. AWARD OF BIDS AND CONTRACTS:
1. Bid award to Roof Painting by Hartzell, Inc. in the amount of
$24,990.00 for painting interior offices in the Police Department.
Funding is available from 001-2111-521-46.10 (General
Fund/Building Maintenance).
2. Purchase awards to Duval Ford in the amount of $158,891.00 for
the purchase of eight (8) vehicles; and to Classic Chevrolet in the
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amount of $25,316.00 for the purchase of two (2) vehicles; via the
Sheriff s Association Contract for various departments within the
City. Funding is available from 501-3312-591-64.20 (Central
Garage Fund/Automotive).
3. Purchase award to Integrian in the amount of $27,870.00 for the
purchase of six (6) digital in-car audio/visual recording systems for
the Police Department. Funding is available from 001-2117-521-
64.90, 001-2119-521-64.90 and 001-2121-521-64.90 (General
Fund/Other Machinery/Equipment).
4. Purchase award to Tactical Products Group in the amount of
$50,180.00 for the purchase of ballistic vests and plates
(bulletproof vests) for the Police Department. Funding is available
from 115-2132-521-52.27 (Operating Supplies/Equipment <$750)
and 115-2132-521-64.90 (Operating Supplies/Other
Machinery/Equipment).
5. Contract award to Linetech, Inc. in the amount of $20,989.00 for
the installation of 2" water and sewer for the Temporary Fire
Station No. 4 facilities located at Barwick Road Baptist Church.
Piggybacking on City of Boynton Beach Bid # 02-2821-07/JA.
Funding is available from 442-5178-536-63.90 (W&S Renewal &
Replacement Fund/Other Improvements).
6. Contract award to Kilbourne & Sons, Inc. in the amount of
$21,688.20 for construction of a paved staging area for Temporary
Fire Station No. 4 trailer office space. Funding is available from
334-6112-522-49.90 (General Construction Fund/Other Current
Charges).
Mrs. Montague moved to approve the Consent Agenda, seconded by Mr.
Fetzer. Upon roll call the Commission voted as follows: Mayor Perlman -Yes; Mr.
Fetzer -Yes; Mr. Levinson -Yes; Mrs. Montague -Yes. Said motion passed with a 4 to
0 vote.
At this point, the time being 6:40 p.m., the Commission moved to Item
9.A. of the Regular Agenda.
9. REGULAR AGENDA:
9.A. APPEAL OF THE HISTORIC PRESERVATION BOARD'S
DECISION/20 NORTH SWINTON AVENUE: Appeal of the Historic Preservation
Board's decision regarding the relocation of a structure to 20 North Swinton Avenue
located in the Old School Square Historic District. (Quasi-Judicial Hearing)
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Mayor Perlman declared a conflict of interest, passed the gavel to Deputy
Vice Mayor Fetzer, and stepped down from the dais.
Deputy Vice Mayor Fetzer read into the record the City of Delray Beach
procedures for aQuasi-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.
Deputy Vice Mayor Fetzer asked the Commission to disclose their ex
parte communications. Mr. Levinson stated he received several emails which he
forwarded to the City Clerk and spoke with Mr. Michael Weiner. Mrs. Montague stated
she received email which she needs to forward to the City Clerk. In addition, Mrs.
Montague stated she met with the applicant (CRA) as well as Mr. Joseph. Mr. Fetzer
stated he had communication with Michael Weiner and Diane Colonna.
The City Attorney stated there may be people present who are speaking on
behalf of others. She stated someone can speak for six minutes if they are speaking on
behalf of six or more people and these people have to be present. The City Attorney
stated before someone speaks they should identify the six individuals they are speaking
on behalf of.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2007-100 and #2007-045 into the record.
Mr. Dorling stated the site is approximately 100 feet north of Atlantic
Avenue (west side of Swinton Avenue) and the development proposal is to relocate the
structure to the rear of the existing CRA building.
At its meeting of February 21, 2007, the Historic Preservation Board
(HPB) considered this item and it was appealed by the City Commission at their March 5,
2007 meeting. The HPB considered the Class IV Site Plan Application and Certificate of
Appropriateness and after deliberation recommended denial. In order to justify moving a
contributing structure, the Land Development Regulations require the applicant to
demonstrate that the structure's preservation on its existing site is not consistent with the
intent of LDR Section 4.5.1 or would cause undue economic hardship to the property
owner. In the deliberations, HPB was unable to make those required findings and these
findings are further explained in the Delray Beach Historic Design Guidelines which
specifically note that relocation should be a last resort and this did not meet that criteria.
The HPB followed the quasi judicial procedures during their deliberations and
recommended against this relocation with a 6 to 0 vote. At its meeting of March 5, 2007,
the City Commission agreed to appeal the HPB's decision with a vote of 4 to 0 (Mayor
Perlman stepped down) Mr. Dorling stated if the Commission wishes to overturn the
appeal staff asked that it be subject to the nine (9) conditions listed on page 2 of the City
Commission documentation which were also part of the HPB staff report.
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The City Attorney stated there is a party who has been granted "party
status" which is the owner of the building.
Diane Colonna, Director of the Community Redevelopment Agency
CRA stated the CRA moved the home located at 24 North Swinton Avenue from West
Palm Beach down the Intracoastal approximately 12 years ago along with the Monterey
House. She stated the CRA was in that bungalow for many years until they outgrew it
and then they sold it to the current properly owner.
Michael Weiner, 102 North Swinton Avenue, Delray Beach, speaking
on behalf of Mr. Joseph, stated Mr. Joseph made arrangements with the CRA to move the
structure to an area behind the CRA. Mr. Weiner stated Mr. Joseph owns two adjoining
properties (24 North Swinton Avenue and 30 North Swinton Avenue) and has been
considering redeveloping these adjoining properties. At its meeting of February 21,
2007, the Historic Preservation Board (HPB) considered the actual moving of this home.
Mr. Weiner stated the major reason for the vote was that Kirk was not the "party" that
evening and noted the CRA was making the application. Mr. Weiner stated Kirk could
not prove undue economic hardship and noted that economic hardship does not have
anything to do with this situation. Mr. Weiner stated he believes Commissioner
Montague was correct in granting this appeal because the incorrect standard of law was
applied and the correct standard needs to be applied. Mr. Weiner made reference to
Section 4.5.1 of the Land Development Regulations and reviewed a few subsections
which apply.
Deputy Vice Mayor Fetzer stated if anyone from the public would like to
speak in favor or in opposition of the appeal of the Historic Preservation Board's
decision, to please come forward at this time.
Toni Del Fiandra, 14 Dixie Boulevard, Delray Beach, (member of
HPB), stated Mr. Weiner indicated that this specific house was not part of the deal and
the demolition had nothing to do with it. She stated the moving had nothing to do with it
yet it is mentioned specifically in this request. Ms. Del Fiandra stated this involved the
moving or demolition of property so it could not be not taken into consideration that it
was part of the item. Ms. Del Fiandra stated the owner has this property and owns the
property next to it and therefore he has lots of room to move things around. Ms. Del
Fiandra stated this home was brought to the City for the purpose of adding to the historic
element on a historic street.
Dan Sloan, 106 S.E. 7th Avenue #1, Delray Beach, entered his
credentials into the record and stated it is not appropriate to relocate the historic
bungalow from a prominent streetscape location on Swinton Avenue to a back alley
location fronting the dumpster behind Dunkin Donuts. Mr. Sloan stated the CRA should
be required to protect designated historic structures in any future land sales or transfers.
He urged the Commission to not allow the relocation of this building and require the
property owner to incorporate it in his future development plans and celebrate it as a
prominent component of his site.
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Claudia Willis, 160 Marine Way, Delray Beach, read a statement into
the record regarding the relocation of the historic structure. She stated it should be noted
that several Historic Preservation Board members said at that time they would not
support the relocation and pointed out to the applicant that the Board was only
considering the variance. On February 21, 2007, the Community Redevelopment Agency
(CRA) petitioned the HPB to receive North Swinton onto their property and HPB
unanimously denied this relocation. She stated the only justification given in the staff
report was the threat of demolition as a result of potential redevelopment. She urged the
Commission to support historic preservation and stated their actions this evening will
determine the future of all the cottages on Swinton Avenue.
Th ~ Shutt, 102 N.W. 12Th Street, Delray Beach, 241 Royal Court,
--
Delray Beach (lives in a historic district), stated she is a licensed architect and has been
involved for the past 18 years in the city starting with the rehabilitation of Old School
Square, Palm Beach Community College (PBCC), and numerous other residential
structure throughout the county. She stated if an owner has to be forced to look at
relocation that is one of the things that can be considered. However, one of the things she
urged the Commission to look at is the adaptive reuse of a historic structure. Mrs. Shutt
stated preservation in Florida is not the same as in the northern states where homes are a
hundred years old. She stated preservation in Florida needs to be done weighing the
cause and also. the benefits that could be gained by having adaptive reuse of the property,
to prolong the use and to halt the deterioration of that property. Mrs. Shutt urged the
Commission to consider supporting Mr. Joseph and stated when the homes were moved
from the Hillcrest neighborhood to Delray Beach. There were five specific styles that
were anticipated to be moved to Florida Atlantic University (FAU) for an architectural
and landscape architectural campus. The architectural village was originally donated at a
cost of approximately $1 million to fix this up for the livelihood of the architectural
education. She stated FAU could not come up with a matching grant and therefore these
homes were scattered throughout. At that time, the Community Redevelopment Agency
(CRA) secured two of the homes. She urged the Commission as a last resort to allow this
office to remain within the CRA's ownership. Mrs. Shutt stated if this home is moved to
the rear of the CRA there would be a very short construction period and it is very cost
effective versus trying to build a new building within the area.
Joe Snider. speaking on behalf of others present this evening, (entered
his credentials into the record), and expressed concern that relocation and demolition
appear to be the only possible fates for this property being considered. He stated the
house is both contributing in a historic district and individually listed and falls under the
relevant sections of the 1987 LDR which reads: "relocation of historic buildings and
structures to other sites shall not take place unless it is shown that their preservation on
their existing sites is not consistent with the purposes of this section or would cause undo
economic hardship to the owner." Mr. Snider stated he does not see how changes in the
owner's circumstances qualify as inconsistency with the ordinance. With regard to
economic hardship he quoted the following preservation reference: "the hardship must be
more drastic than difficulty paying taxes or operating costs. The inability of an owner to
maximize the property's economic return is also not sufficient justification. The owner
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must prove the property's existing use is economically unfeasible and that sale, rental or
rehabilitation of the property is not possible." Mr. Snider stated the house cannot be
legally relocated or demolished.
Robert W. Ganger, President of the Delray Beach Historical Society,
stated next Tuesday the Executive Director of the Delray Beach Historical Society and
himself will be meeting in Tallahassee with the Division of Historic Resources and
applying for a grant to restore a house they hope to move from 5~' Avenue to the Cason
Cottage complex. He expressed concern over how the state will look at them if they have
received from them money to move a house and restore it and then we take action to
defeat the very purpose of what the original grant was intended to be applied for. Mr.
Ganger stated Delray Beach has a terrific reputation with the Department of State
Division of Historic Resources and they feel Delray Beach is on the forefront of
protecting and preserving as much of our landmarks and we possibly can. Mr. Ganger
stated the support of the state in what we do is invaluable and we should keep trying to do
what is right.
Warren Adams, speaking on behalf of six people present this evening,
read his credentials into the record, stated with regard to the relocation it has been stated
that LDR Section 4.5.1 states: "relocation of historic buildings and structures to other
sites shall not take place unless it is shown that the preservation on the existing or
original sites is not consistent with the purposes of this section." Mr. Adams stated it is
the actual moving or relocating of this building that will not be consistent for the
purposes of this section. He stated it is his understanding that if a building is moved to an
appropriate site it may still be national register eligible. Mr. Adams stated moving it
behind the existing CRA building is not an appropriate site and would most definitely
damage any chance at having appeared on the national register. He stated relocating this
structure will adversely affect the historic streetscape. This proposal in conjunction with
the proposal to demolish the building at 34 Swinton Avenue would leave two vacant lots.
He stated out of the five historic buildings on the west side of the block three of them
would be adversely affected (one demolished, one moved, and one with an inappropriate
addition). Mr. Adams urged the Commission to deny this appeal.
Livia Landry, 701 N. Swinton Avenue, Delray Beach, read a statement
into the record regarding the relocation of a structure to 20 North Swinton Avenue. In
her opinion, Mrs. Landry stated to allow the relocation of this structure means that we
ignore the rules and regulations that are in place to safeguard and protect the integrity of
these contributing properties located ..not only inside the historic district but outside as
well. In addition, she stated that by ignoring the LDR's and the Secretary of the Interior
Standards places every property in all of the historic districts and those designated
outside in jeopardy of falling victim to redevelopment. Mrs. Landry stated the property
owner knew he was not only buying in a historic district but that he was buying a
contributing building that has significant historic value. Mrs. Landry urged the
Commission to uphold the LDR's and the Secretary of Interior Standards and not allow
the relocation of this building. Furthermore, she urged the Commission to protect the
future of the historic districts and the historic buildings.
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There was no cross-examination.
Paul Dorling stated there was discussion about the variances the HPB
granted for this project prior to this relocation coming to the Board. He stated the HPB
voiced concerns regarding the relocation and as the relocation was not submitted as part
of the application they were inclined to make positive findings with respect to the
variance only. Secondly, Mr. Dorling stated the applicant's attorney spoke about the
wrong standards of law as it relates to "or" or "and" within the LDR's. Mr. Dorling
stated whether it states "or" or "and" is irrelevant because it does not meet the
requirements of LDR Section 4.5.1 and does not meet the economic hardship. Mr.
Dorling stated there was also reference to demolition and noted there are required
findings that need to be made for demolition and the demolition of this structure can be
denied by HPB. The Board found that this did not meet the intent of the Secretary of
Interior Standards for Rehabilitation or the Delray Beach Historic Preservation Design
Guidelines which "call for the relocation of buildings is recommended only as a last
resort when there are no alternatives and the destruction of historic property at its present
location is eminent." Mr. Dorling stated after listening to the testimony this evening
neither of those cases apply.
Michael Weiner stated people who purchased in the historic districts knew
they were buying within historic districts. He stated people who bought in historic
districts also knew that there were 66 partial and complete demolitions and that they had
a right to demolish. Mr. Weiner stated the important thing is consistency with the
historic ordinances say to preserve them. He stated the applicant and owner agree to
e
protect our historic resources.
There being no one else from the public who wished to address the
Commission, the public hearing was closed.
Brief discussion between Commissioner Montague and staff followed.
The City Attorney briefly reviewed the Board Order with the Commission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
Mr. Levinson moved to approve the appeal, seconded by Mrs. Montague.
Upon roll call the Commission voted as follows: Mr. Fetzer - No; Mr. Levinson -Yes;
Mrs. Montague -Yes. Said motion to approve the appeal with a 2 to 1 vote; therefore no
action has been taken according to the City Charter. The Historic Preservation Board
(HPB) decision remains.
Mrs. Montague moved to approve the Board Order as presented, seconded
by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Levinson -Yes;
Mrs. Montague -Yes; Mr. Fetzer -Yes. Said motion passed with a 3 to 0 vote.
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At this point, the time being 7:47 p.m., the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
10. PUBLIC HEARINGS:
10.A. ORDINANCE NO. 59-06 (SECOND READING/SECOND PUBLIC
HEARING): Privately sponsored Future Land Use Map amendment (small-scale) from
CF (Community Facilities) to LD (Low Density Residential 0-5 du/ac) for an 8.27 acre
portion of the Christ the King Monastery of St. Clare and rezoning from CF (Community
Facilities) to R-1-AA (Single Family Residential) and associated reduction of lot 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. (Quasi-Judicial Hearing)
The caption of Ordinance No. 59-06 is as follows:
office.)
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-1-AA (SINGLE
FAMILY RESIDENTIAL) DISTRICT; PROVIDING
FOR A MODIFICATION OF MINIMUM LOT
REQUIREMENTS AND SETBACKS FOR CERTAIN
LOTS; SAID LAND BEING A PARCEL OF LAND
LOCATED 125 FEET SOUTH OF SHERWOOD
BOULEVARD, APPROXIMATELY 650 FEET EAST
OF MILITARY TRAIL, AS MORE PARTICULARLY
DESCRIBED HEREIN; AMENDING "ZONING MAP
OF DELRAY BEACH, FLORIDA, MARCH 2006";
PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 59-06 is on file in the City Clerk's
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
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03/20/07
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 exparte communications in addition to what
has been disclosed at this point (everything has been disclosed in the first hearing).
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning project file #2006-393 and #2006-394 into the record.
Mr. Dorling stated this petition involves an 8.27 parcel which is part of a
larger parcel (10.98 acres) known as Christ the King Monastery of St. Clare site which is
located on Sherwood Boulevard. The petition was before the Commission several times
before and included a slightly larger parcel where the Priest home was to be located. Mr.
Dorling stated the applicant has reduced the development by three lots and has come in
with a smaller parcel. The petition now involves a change in the Future Land Use Map
from CF (Community Facilities) to LD (Low Density Residential) and a rezoning from
CF (Community Facilities) to R-1-AA for this 8.27 parcel. The proposal also includes
larger size lots per the R-1-AAA regulations 12,500 square feet for the lots that front
along Lakeview Boulevard. Additionally, the proposed access from Sherwood Boulevard
has been modified. Previously, atwo-way access was proposed to the existing priest's
residence which was narrowed to provide an inbound, one-way access only to the
proposed residential development. The modified development plan shows an inbound
one-way access only to the proposed residential development.
At its meeting of February 27, 2007, the Planning and Zoning Board
considered this request and recommended approval subject to adopting the findings of
fact contained in the Planning and Zoning staff report. Mr. Dorling stated at that meeting
there were four residents that spoke in opposition and their concerns centered around the
desire for the entire subdivision to be of the R-1-AAA-B size lots and there was also
concern about the traffic impact over this residential development on the adjacent
subdivision and there was significant concern about the one-way access from Sherwood
Boulevard. The Board voted 3 to 1 to recommend approval and staff recommends
approval.
Michael Weiner, Attorney with Weiner & Aronson, P.A., 102 North
Swinton Avenue, Delray Beach, gave a brief PowerPoint presentation and stated the
applicant is requesting an R-1-AA zoning.
The City Attorney stated at this time would be the opportunity for Karen
Kiselewski and Brian Link to come forward. Ms. Kiselewski and Mr. Link were not
present.
Mayor Perlman stated if anyone from the public would like to speak in
favor or in opposition of Ordinance No. 59-06, to please come forward at this time.
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Jess Sowards, Architect, briefly reviewed the aerial site plan of the
general area and discussed compatibility. He read a letter into the record from Sister
Veronica Butler.
Scherazade Alvarez, 3514 Lakeview Boulevard, Delray Beach, stated
the developer has come a long way; however, she expressed concern over the one-way
entrance (Lakeview Boulevard). She stated although this is probably a plat issue she
urged the Commission to consider that the one-way entrance is an unfair burden.
Ralph McGovney, 3429 Lakeview Drive, Delray Beach, distributed
photographs to the Commission and stated Mr. Weiner referred to these lots as being
super sized lots and wanting to make them R-1-AA lots with conditions to make them R-
1-AAA. He asked why these lots cannot just be made R-1-AAA lots instead of R-1-AA
with conditions. Mr. McGovney stated if these are R-1-AAA lots they should be R-1-
AAA lots.
Dr. Jay Alperin, 3130 Lowson Boulevard, Delray Beach, stated people
have worked together to try to come up with a compromise and feels this is as good as it
is going to get from both sides. He urged the Commission to support this ordinance.
There was no cross-examination.
Michael Weiner gave a brief rebuttal and stated they meet all the
requirements of the Land Development Regulations and the Comprehensive Plan for the
City of Delray Beach. He stated having met the burden of proof with respect to a land
development change, with respect to rezoning with conditions and knowing that the Code
allows conditions for rezoning and knowing that all they need is a justification with
respect to a reduction of lot size he urged the Commission to approve this ordinance.
Mr. Fetzer moved to adopt Ordinance No. 59-06 on Second and FINAL
Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows:
Mrs. Montague -Yes; Mayor Perlman -Yes; Mr. Fetzer -Yes; Mr. Levinson -Yes.
Said motion passed with a 4 to 0 vote.
10.B. ORDINANCE NO. 68-06 (SECOND READING/SECOND 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.
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03/20/07
The caption of Ordinance No. 68-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
3
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH
BY AMENDING SECTIONS 1.4.3, "ENFORCEMENT"
AND 1.4.4, "PENALTY", PROVIDING THAT
NEGLECT SHALL 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
(OSSHAD)", 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;
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03/20/07
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 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),
"DESIGNATIONOF 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.
At this point, Mr. Levinson stepped away from the dais.
Paul Dorling, Director of Planning and Zoning, stated the primary purpose
of the amendments is to provide clarification in an objective manner to evaluate
compatibility of new development applications with existing development in the historic
districts.
Mr. Dorling stated LDR Section 4.5.1(F), Development Standards:
Restrictions on Demolition, requires additional information and justification when any
structure within a historic district is proposed for demolition. This information has
typically been requested from the applicant upon first review by the Historic Preservation
Board which then required the applicant to reappear before the Board. The major
changes that will help define and promote compatible development include the
implementation of four tools such as: Building Height Plane, Angle of Vision, Lot
coverage, and Infill Development Compatibility Survey. The Building Height Plane and
Angle of Vision tools intend to minimize the impact of development along the streetscape
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03/20/07
by providing no-build zones on the front elevation both vertically and horizontally.
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), whichever is less. 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.
Mr. Dorling stated this was brought before the Community
Redevelopment Agency (CRA), the Planning and Zoning Board (P&Z), the Downtown
Development Authority (DDA), the West Atlantic Redevelopment Coalition (WARC) as
well as the Historic Preservation Board (HPB) specifically asked for additional
clarification which was provided in the ordinance that was provided to the Commission
on first reading. He stated this went back to the HPB at their March 7, 2007 meeting and
they recommended approval with a 4 to 2 vote.
He stated the Planning and Zoning staff report goes into detail with respect
to compatibility of the Comprehensive Plan; it outlines one goal, four objectives, and
nine specific policies that these regulations are in fact consistent with. He stated there
may be some arguments that the proposed tools were not recommended by the REG's
recommendations initially that were brought before the public. He stated all four of these
tools including the Infill Development Compatibility Survey were discussed in the REG's
/HPB guideline presented in the summer of 2006. Mr. Dorling stated in this document it
actually recommended a smaller survey area that is being proposed and referred to it as a
streetscape neighborhood evaluation rather than an Infill Compatibility Study. He stated
given the positive findings of the Historic Preservation Board (HPB) staff recommends
approval.
Mayor Perlman declared the public hearing open.
Hayden Burrus, 10 N.E. 6th Street, Delray Beach (historic Del-Ida
District stated the historic preservation guidelines are not perfect but they are clear. He
urged the Commission to adopt these guidelines.
Joseph Snider, 1198 S.W. 5th Court, Boca Raton, entered his credentials
into the record and as a professional he urged the Commission to adopt the ordinance.
He stated the ordinance is very reasonable and very in-line with many other ordinances in
other communities. Mr. Snider read a statement into the record.
Michael Weiner, 102 North Swinton Avenue, Delray Beach, stated in
his opinion we are ending history of Delray. He urged the Commission to give flexibility
and stated this ordinance does not do that. Mr. Weiner stated by not giving that
flexibility and making everything a matter of size and not quality, you are ending the
history of Delray.
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Cheryl Jones, 131 S.E. 7th Avenue, Delray Beach, (owns a 1924
Bungalow) hopes the guidelines are approved and stated these guidelines will help other
single family homeowners in all of Delray's historic districts from having to deal with
monstrosities like what was built next to and behind her 1924 bungalow. Ms. Jones
stated she retrieved a survey for the Marina Bay development and calculated their
footprints with the help of Amy Alvarez, Historic Preservation Planner. Ms. Jones stated
the 8 unit townhouse structure behind her home has a lot coverage of 35% which is far
greater than anon-contributing structure. Ms. Jones stated this lot coverage is less than
26% and with the new guidelines she could add atwo-story addition to the rear of her
home and garage which could potentially double the square footage of her home. She
stated what these guidelines would not allow would be the monstrosities and urged the
Commission to approve these guidelines.
Thuy Shutt, 102 N.E. 12th Street, Delray Beach & 241 Royal Court,
Delray Beach (Del-Ida Park areal, stated she is a registered architect and a homeowner
of two historical homes. She stated she has re-done these homes herself and feels that the
ordinance should include an environmental sensitive component. Mrs. Shutt stated the
historical homes in Delray Beach cannot meet energy codes and feels there needs to be
some flexibility to introduce new methods of construction as well as new materials. Mrs.
Shutt stated the tax abatement for a homeowner of a historical home to fix up their home
versus a contemporary home is minimal. Mrs. Shutt stated there is much to be done on
this ordinance to help provide incentives for homeowners to keep up their historical
structures as well as address the environmentally sensitive issues.
Tom Stanley, 725 Palm Trail, Apt. #17, Delray Beach, urged the
Commission to pass the Historic Preservation Design Guidelines and stated it is
necessary to take a step forward. He feels that we have accomplished many goals (i.e.
actively participate in community planning; work with the owners to identify
preservation strategies and to increase the functionality of their homes; identify,
anticipate and respond to the preservation). He stated ten months ago we identified the
need for preservation and changes had to be made to the national guidelines that we
currently had in place (City paid $115,000.00 to Mr. Gonzalez who has made significant
revisions).
Charles Dortch, 112 S.E. 7`h Avenue #2, Delray Beach (Historic
Marina District), stated he is a school teacher and feels that the historic areas are under
siege both from outside and from developers wanting to make changes inside. He stated
the historic districts are being "walled up" by large structures that are surrounding us.
Mr. Dortch stated the people at the south end of the Marina Historic District are very
unhappy and would like to secede from the Marina Historic District because of what
happened. He reiterated that everything is being "walled up" and is a siege of a different
kind. He stated instead of trying to tear down the city like as they did in Troy, he
reiterated that the Historic Districts are being "walled up". He stated if something is not
done to make changes will eventually be all over the place. Mr. Dortch stated if this is
what the Commission wants then he urged the Commission to not pass the changes.
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03/20/07
Susan Hurlburt, 2030 Vista Del Mar, Delray Beach (speaking on
behalf of the Beach Property Owners Association), she read into the record the
opening paragraph from the City's web page for Planning and Zoning. She urged the
Commission to support this ordinance to protect the integrity of the district.
Ellen Kev, 321 S.E. 7th Avenue, Delray Beach, stated as suggested by
the Commission she did her own case study (distributed copies to the Commission) for
the southern end of S.E. 7th Avenue. She stated the last time she was before the
Commission she expressed concern over there being a lack of 40% coverage for aone-
story house and does not understand why this would not be put back in to encourage one-
story houses. Mrs. Key stated when the City held the first reading of this ordinance the
public was going on the version of the ordinance that was dated February 16, 2007 and
stated the public did not receive the version that the Commission was voting on which
was dated March 1, 2007 until the Historic Preservation Board (HPB) meeting on March
7, 2007. She stated in that version there is a huge change which covers lot coverage and
now there are three criteria for lot coverage (one is 30% in the Marina District and the
other one is the average lot coverage percentage in the survey area and the average
footprint in the survey area). Mrs. Key briefly reviewed the case studies and urged the
Commission to not support this ordinance.
Chuck Kev, 321 S.E. 7th Avenue, Delray Beach, stated he and his wife
have marked from the south boundary of S.E. 7t Avenue (Marina Historic District) all
the way to Marina Way. He stated not one house on the Intracoastal can be built based
on the new proposed LDR's. Mr. Key stated if he knew the guidelines were going to
change dramatically 15 years later from the time he purchased in a historic district he
would not have purchased in a district. Mr. Key stated he lives in a single story house
and is surrounded by two-story houses and four-story condominiums.
Christina Price, 340 S.E. 7th Avenue, Delray Beach, stated she lives in
the south end of the Marina Historic District and feels that the original intent of the
LDR's was to protect the quality of life and property values. She stated the LDR's will
do this for some of the historic areas. She suggested that the people who will benefit
from the LDR's are to get them but the people who are going to be negatively impacted
by them would not get them. She stated the south end of S.E. 7`h Avenue has no more
historic value and feels to impose the LDR's will not recapture that but will only take
away personal property rights. She stated when the City decided on the Beach Property
Owners Association Guidelines they chose to treat the waterfront homes and the interior
properties differently and feels the same principle should apply here. Ms. Price stated the
neighborhoods within the historic districts could be treated differently and this would
make a lot more people happy.
Matthew Grabham, 350 S.E. 7th Avenue, Delray Beach (Marina
Historic District), stated he grew up in a historic home (120 years old) and owns a 200
year old property elsewhere and noted he passionately supports historic preservation. Mr.
Grabham stated the recommending Boards are saying that the ordinance is not ready yet.
He stated he is not opposed to historic preservation; however, feels the ordinance needs
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03/20/07
more tweaking. Mr. Grahham entered a copy of a quote from the Sun-Sentinel News into
the record. He urged people to not demonize the people who are opposing this particular
ordinance. He urged the Commission to not pass this ordinance yet.
JoAnne Pearl, 107 N.W. 9th Street, Delray Beach, stated after the
Design Guidelines for the downtown was applied they discovered there were some
problems and consequently they were changed. She stated she would hate to see the
guidelines not pass just because of the 3ra block of S.E. 7`" Avenue. Ms. Peart stated
these guidelines are to make an effort to make things more fair and consistent. She urged
the Commission to pass this ordinance.
Toni Del Fiandra, 14 North Dixie Boulevard, Delray Beach (member
of the Historic Preservation Board), stated the Board discussed some issues with their
Architect and he seemed to feel that this was something that was viable and set the
motion to approve. She asked that the Commission give them their tools and let people
get started.
Andy Spangler, 115 N.E. 6th Street, Delray Beach (Del-Ida Historic
District and owner of a business in Pineapple Grove), supports preservation and stated
we have spent a year doing this and feels we need to get it right. He urged the
Commission to take another month or six weeks so that this is done right.
Shannon Dawson, 527 North Swinton Avenue, Delray Beach (Del-Ida
Historic District), stated she does not want to see someone go through what she had to
go through with the existing COA process if they have a property that is run down or a
property that is a vacant lot. She stated there are so many inconsistencies and now there
is even more subjectivity. Mrs. Dawson stated in speaking with some of the architects of
this city they seem unclear and it is difficult for them to interpret the LDR's. She stated
REG has some great suggestions regarding the guidelines. Mrs. Dawson stated she
expressed concern that people are not going to improve their property because the
guidelines will be too restrictive and feels the proposed guidelines still need clarification.
Craig Valvo, 325 S.E. 7th Avenue, Delray Beach, (has four different
businesses in the City, expressed concern over historic preservation. He stated he is in
favor of the ordinance approximately 80%; however, some of its flaws are significant.
Mr. Valvo entered his case study into the record and distributed photographs to the
Commission with the survey area behind it. He urged the Commission to not pass these
regulations with the promise of showering the property owners with future incentives or
some type of variances.
Steve Harsnett, 405 S.E. 7th Avenue, Delray Beach, stated ideally it
would be nice if we could look at the five districts individually because they are all
unique with their own character, needs and demands. He stated the Marina Historic
District is unique in that many of the homes are on the waterfront and their property land
values are significantly more than some of the other historic areas. Mr. Harsnett stated he
has been attending the Historic Preservation meetings, the Planning and Zoning meetings,
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and the City Commission meetings. He urged the Commission to take the extra time to
evaluate the situation and do it right the first time. In his opinion, Mr. Harsnett stated to
tweak the guidelines down the road is not in the best interest for the residents.
Carolyn Patton, 1020 Tamarind Road, Delray Beach (uroperty owner
in the Marina Historic District), supports the new LDR's on behalf of many people
who have lived in the districts and have taken care of their historic homes for decades.
She stated there are five large historic districts in Delray Beach and out of 500 homes and
buildings only a few people are objecting to these new guidelines. She urged the
Commission to pass these new guidelines for the vast majority who support them.
There being no one else from the public who wished to give testimony on
this item, the public hearing was closed.
The City Manager stated in doing this analysis the one-story incentive was
not taken into account. The one-story incentive allows you to cover up to the average lot
coverage for aone-story portion of a house which in this particular lot you can cover up
to 5,476 square feet since the average coverage for the surveyor is 20 percent of 27,386
square feet which gives you 5,476 square feet on the first floor and you can put at least
1,044 on the second floor.
Mrs. Montague asked what happens if someone wants to expand but keep
their home asingle-story. Mr. Gonzalez stated if it is a contributing house there is more
flexibility because there is an additional 5% for Nassau Street than the other four
neighborhoods which is 30-35% then 35%-40%.
Mr. Gonzalez stated the design guidelines that he worked on last summer
(2006) have not changed. He made reference to page 19 of the ordinance.
Mr. Fetzer stated he sees this as an analogy between this and what
happened with the new design guidelines a couple of years ago. He suggested that before
this ordinance is passed on second reading, that the Commission take another step and
bring together a group of our local architects and get the same kind of input in these
LDR's similar to what we did on the other design guidelines. Mr. Fetzer suggested that
the Commission table this ordinance until this is right.
Mrs. Montague expressed concern over the Marina Historic District and
stated there are very specific problems there when looking at the waterfront properties
versus the west side of S.E. 7~' Avenue versus the 300 block. She would like to see some
language added particularly where it comes to the waterfront properties. Mrs. Montague
commented about the updated survey of all five districts and stated she would like to see
a survey of the Marina District immediately because she feels they are at a disadvantage.
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03/20/07
Mr. Levinson stated the Design Guidelines taught everyone a very good
lesson that issues will come up. He stated he is distressed greatly over the Historic
Preservation Board member's comments. Mr. Levinson suggested that staff bring in the
local architectural community. Mr. Levinson stated he will not support it.
Mayor Perlman commended the public for a great debate and commended
Mr. Rick Gonzalez. Mayor Perlman stated he supports these guidelines and believes
Thuy Shutt had a great idea with the environmentally sensitive issue and feels if we can
build green into our codes that makes sense on many levels. Mayor Perlman stated he
does not think we treat all the districts the same in this ordinance because the survey area
by nature treats each district differently.
Mr. Levinson stated we are very close and we have to deal with some of
the issues that have been raised and see how we can improve it.
Mr. Levinson moved to approve Ordinance No. 68-06 on Second and
FINAL Reading, seconded by Mr. Fetzer. Upon roll call the Commission voted as
follows: Mayor Perlman -Yes; Mr. Fetzer - No; Mr. Levinson - No; Mrs. Montague -
No. Said motion was DENIED with a 3 to 1 vote, Mayor Perlman dissenting.
At this time, Commissioner Levinson left the dais.
10.C. ORDINANCE NO. 12-07: 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.
The caption of Ordinance No. 12-07 is as follows:
office.)
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY 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
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
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03/20/07
The City Attorney stated this ordinance allows the City of Delray Beach to
have Developer's Agreements in accordance with State Statutes.
At its meeting of February 26, 2007, the Planning and Zoning Board
recommended approval with a vote of S to 0.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 12-07,
the public hearing was closed.
Mr. Fetzer moved to approve Ordinance No. 12-07 on Second and FINAL
Reading, seconded by Mrs. Montague. Upon roll call the Commission voted as follows:
Mr. Fetzer -Yes; Mrs. Montague -Yes; Mayor Perlman -Yes. Said motion passed with
a 3 to 0 vote.
10.D. DEVELOPER'S AGREEMENT/CANNERY ROW, LLC: Consider
approval of a development agreement with Cannery Row, LLC regarding the purchase
and use of the Community Facility Property and the dedication of the Park Property
located in the Cannery Row Development.
Row, LLC.
The City Attorney stated this is a Developer's Agreement for Cannery
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding the Developer's
Agreement for Cannery Row, LLC, the public hearing was closed.
Mrs. Montague moved to approve the Developer's Agreement with
Cannery Row, LLC, seconded by Mr. Fetzer. Upon roll call the Commission voted as
follows: Mrs. Montague -Yes; Mayor Perlman -Yes; Mr. Fetzer -Yes. Said motion
passed with a 3 to 0 vote.
At this point, Mr. Levinson returned to the dais and Mrs. Montague
stepped away from the dais.
10.E. ORDINANCE NO. 9-07: Rezoning of a 0.78 acre parcel of land from
GC (General Commercial) to Automotive Commercial for Delray Cycle, located on the
east side of Dixie Highway, approximately 1,250 feet south of Gulf Stream Boulevard.
(Quasi-Judicial Hearin
The caption of Ordinance No. 9-07 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
REZONING AND PLACING LAND PRESENTLY
ZONED GC (GENERAL COMMERCIAL} DISTRICT TO
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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 DELRAY 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 in the City Clerk's
office.)
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning project file #2006-086 and #2007-087 into the record.
The City Attorney stated there will be testimony heard on the ordinance
for the rezoning as well as the conditional use all in one; however, there will be separate
votes.
Mr. Dorling stated this property was originally annexed in 1989 and in
2001 Delray Cycle (a retail shop selling motorcycle parts and accessories) came in for a
Class V approval for a motorcycle accessory shop. The facility was constructed and has
been operating since.
At its meeting of February 26, 2007, the Planning and Zoning Board held
a public hearing in conjunction with the AC rezoning request to accommodate
motorcycle sales. A conditional use request also accompanied it to do a full service auto
repair and is actually a full service motorcycle repair as part of that operation. The
Planning and Zoning Board considered it at their February 26, 2007 meeting and there
was no public testimony for or against. Staff recommended approval of the conditional
use and rezoning with a 4 to 0 vote.
Mr. Dorling stated the Board recommended approval subject to the
following conditions: (1) the hours of operation would be 9:00 a.m. to 6:00 p.m., and
Saturday 9:00 a.m. to 3:00 p.m., (2) that there will be no outdoor sales or display of
motorcycle or any materials, products, and industrial equipment sales/lease/rentaUstorage
at the subject property driveways or adjacent rights of way, (3) there shall be no testing of
new motorcycles or those in for repair on adjacent residential streets.
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03/20/07
Bradley Miller, Miller Land Planning Consultants, reuresenting the
owner, stated he is present for any questions the Commission may have and noted he
does not have a formal presentation.
There was no cross-examination or rebuttal.
Mr. Levinson stated there was an issue with Delray Cycle for quite some
time and asked if this has been dealt with effectively. In response, Mr. Dorling stated
there was a problem in the past with Delray Cycle and they were cited by Code
Enforcement. Mr. Dorling stated there have been no other issues.
Mr. Fetzer moved to approve Ordinance No. 9-07, seconded by Mr.
Levinson. Upon roll call the Commission voted as follows: Mayor Perlman -Yes; Mr.
Fetzer -Yes; Mr. Levinson -Yes. Said motion passed with a 3 to 0 vote.
10.E.1 CONDITIONAL USE REQUEST/DELRAY CYCLE: Consider a
request to establish a full service vehicle repair facility in conjunction with the sale of
motorcycles and motorcycle accessories within the AC (Automotive Commercial)
District on a 0.78 acre site located at 2455 N. Old Dixie Highway, approximately 1,250
feet south of Gulf Stream Boulevard. (Quasi-Judicial Hearin
The City Attorney briefly reviewed the Board Order with the Commission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
Mr. Levinson moved to adopt the Board Order (approving the conditional
use subject to the conditions listed on page 8 of the Planning and Zoning staff report),
seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer -
Yes; Mr. Levinson -Yes; Mayor Perlman -Yes. Said motion passed with a 3 to 0 vote.
At this point, Mrs. Montague returned to the dais.
10.F. ORDINANCE NO. 10-07: Privately initiated amendment to the Land
Development Regulations (LDR), Section 4.4.19, "Mixed Industrial and Commercial
District", Section 4.5.15, "The I-95/CSX Raikoad Corridor Overlay District"; and Article
4.7, "Family Workforce Housing", to provide regulations associated with the creation of
a new Workforce Housing Overlay District.
The caption of Ordinance No. 10-07 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES, BY
AMENDING SECTION 4.4.19, "MIXED INDUSTRIAL
AND COMMERCIAL (MIC) DISTRICT"; ENACTING
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SECTION 4.5.15, "I-95/CSX RAILROAD CORRIDOR
OVERLAY DISTRICT; AMENDING SECTIONS 4.7,
FINDINGS: SECTION 4.7.1, "DEFII~TITIONS", 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 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 current
Workforce Housing provides provisions for developers to receive density bonuses in the
Southwest Neighborhood Overlay District, Carver Estates Overlay District and Infill
Workforce Housing Area. The privately initiated text amendments seek to add an
additional Workforce Housing Overlay District within the MIC zoning district on Depot
Road, between I-95 and the CSX Raikoad. The residential development would be
permitted through the conditional use process within the overlay area to a maximum of
24 units per acre with a requirement of 25% of the units be workforce housing, subject to
the requirements of Article 4.7, "Family/Workforce Housing." The development
standards for residential development within the overlay district will be the same as
within the Southwest Neighborhood and Carver Estates Overlay Districts and in the Infill
Workforce Housing Area. These development standards were developed to
accommodate the higher densities permitted within workforce housing overlay districts.
The proposed changes are supported by Comprehensive Plan Amendment 07-1, which
was adopted by the City Commission on February 6, 2007. Mr. Dorling stated this would
provide a potential for an additiona178 workforce units to be constructed within the City.
At its meeting of February 26, 2007, the Planning and Zoning Board held
a public hearing regarding the text amendment and no one from the public spoke. The
Board discussed the amendment and recommended approval with a 4 to 0 vote (Krall
stepped down, Halberg and Zacks absent).
Mayor Perlman declared the public hearing open.
Charlie Putman (Applicant), stated he is in agreement with staff and urged
the Commission to support this ordinance.
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03/20/07
There being no one else who wished to address the Commission regarding
Ordinance No. 10-07, the public hearing was closed.
Mrs. Montague moved to adopt Ordinance No. 10-07 on Second and
FINAL Reading, seconded by Mr. Fetzer. Upon roll call the Commission voted as
follows: Mr. Levinson -Yes; Mrs. Montague -Yes; Mayor Perlman -Yes; Mr. Fetzer -
Yes. Said motion passed with a 4 to 0 vote.
10.G. RESOLUTION NO. 20-07 (FIRST READING/FIRST PUBLIC
HEARING): Consider approval and adoption of Resolution No. 20-07 designating the
area within the boundaries of the Carver Square Redevelopment area of the Community
Redevelopment Agency (CRA) as a Brownfield Area for rehabilitative purposes. If
passed, a second public hearing will be scheduled for April 10, 2007.
The caption of Resolution No. 20-07 is as follows:
office.)
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, DESIGNATING
THE AREA WITHIN THE BOUNDARIES OF THE
CARVER SQUARE REDEVELOPMENT AREA OF THE
DELRAY BEACH COMMUNITY REDEVELOPMENT
AGENCY (CRA) A BROWNFIELD AREA; AND
PROVIDING AN EFFECTIVE DATE.
(The official copy of Resolution No. 20-07 is on file in the City Clerk's
Mayor Perlman declared a conflict of interest, passed the gavel to Deputy
Vice Mayor Fetzer, and stepped down from the dais.
Terrill Barton, Assistant City Attorney, explained this has to follow the
Statute with regards to two public hearings which is the same as a zoning change would
pursuant to the Florida Brownfield Manual.
The City Attorney read the caption of the resolution.
Deputy Vice Mayor Fetzer declared the public hearing open. There being
no one from the public who wished to give testimony on this item, the public hearing was
closed.
Mr. Levinson moved to approve Resolution No. 20-07, seconded by Mrs.
Montague. Upon roll call the Commission voted as follows: Mrs. Montague -Yes;
Deputy Vice Mayor Fetzer -Yes; Mr. Levinson -Yes. Said motion passed with a 3 to 0
vote.
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03/20/07
10.H. ORDINANCE NO. 11-07: Privately initiated amendments to the Land
Development Regulations (LDR), 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).
The caption of Ordinance No. 11-07 is as follows:
office.)
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES, BY
AMENDING SECTNN 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.
(The official copy of Ordinance No. 11-07 is on file in the City Clerk's
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Deputy Vice Mayor Fetzer declared the public hearing open. There being
no one who wished to address the Commission regarding Ordinance No. 11-07, the
public hearing was closed.
Mr. Levinson moved to adopt Ordinance No. 11-07 on Second and FINAL
Reading, seconded by Mrs. Montague. Upon roll call the Commission voted as follows:
Deputy Vice Mayor Fetzer -Yes; Mr. Levinson -Yes; Mrs. Montague -Yes: Said
motion passed with a 3 to 0 vote.
At this point, Mayor Perlman returned to the dais.
10.I. ORDINANCE NO. 8-07 (SECOND READING/SECOND PUBLIC
HEARING): City initiated amendment to the Land Development Regulations (LDR)
Article 4.5 "Overlay and Environmental Management Districts", Section 4.4.9, "General
Commercial District" and Section 4.4.12, "Planned Commercial District", to
accommodate redevelopment at the intersection of West Atlantic Avenue and Military
Trail.
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03/20/07
The caption of Ordinance No. 8-07 is as follows:
office.)
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY 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
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
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated this City-initiated
amendment to the Land Development Regulations are being processed to further the
policies in the Comprehensive Plan which call for implementation of innovative
development practices and the provision of a variety of housing types including
workforce housing opportunities. The Design Institute's report included
recommendations that the development mass be increased at the corners and that
incentives be implemented to provide mixed-use development, including workforce
housing. The primary function of the overlay district is to provide for a mix of office,
commercial and residential uses, including 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, up to a maximum density
of 30 units per acre, and limited to a maximum of 75% of total building square footage, is
proposed. A minimum of 20% of these residential units are to be workforce housing
units; are to be moderately priced units and buildings are permitted to be a maximum
height of 60 feet.
At its meeting of February 26, 2007, the Planning and Zoning Board
considered the LDR amendments and recommended approval on a 5 to 0 vote (Paul
Zacks and Chuck Halberg absent).
Mayor Perlman declared the public hearing open. There being no one
who wished to address the Commission regarding Ordinance No. 8-07, the public hearing
was closed.
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03/20/07
Prior to the vote, Mayor Perlman thanked staff for getting this done.
Mrs. Montague moved to adopt Ordinance No. 8-07 on Second and
FINAL Reading, seconded by Mr. Fetzer. Upon roll call the Commission voted as
follows: Mr. Levinson -Yes; Mrs. Montague -Yes; Mayor Perlman -Yes; Mr. Fetzer -
Yes. Said motion passed with a 4 to 0 vote.
10.J. ORDINANCE NO. 13-07: 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.
The caption of Ordinance No. 13-07 is as follows:
office.)
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF 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
EFFECTNE DATE.
(The official copy of Ordinance No. 13-07 is on file in the City Clerk's
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated this is a City-
initiated amendment to provide clarification that monies generated by the Public Arts
Program maybe used to fund art placed on private as well as public property.
At its meeting of February 26, 2007, the Planning and Zoning Board
considered the text amendment and no one from the public spoke. After brief discussion
the Board recommended approval with a 5 to 0 vote (Halberg and Zacks absent).
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission, the public hearing was closed.
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03/20/07
Mr. Levinson moved to adopt Ordinance No. 13-07 on Second and FINAL
Reading, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr.
Levinson -Yes; Mayor Perlman -Yes; Mr. Fetzer -Yes. Said motion passed with a 3 to
0 vote.
At this point, the Commission moved to Item 11, Comments and
Inquiries on Non-Agenda Items from the City Manager and the Public.
11.A. City Manager's response to prior public comments and inquiries.
None.
11.B. From the Public.
11.B.1. Vincent Dole, 245 N.E. 8th Avenue, Delrav Beach, thanked Mayor
Perlman and Commissioner Levinson for their leadership and for making government fun
for many citizens.
11.B.2. Nelson "Woodie" S. McDuffie, 2364 S.W. 35th Avenue, Delrav Beach,
stated he is honored to have been elected to serve on the City Commission. He stated
there has been a very intense debate tonight and noted he has immense shoes to fill. Mr.
McDuffie stated both Mayor Perlman and Commissioner Levinson have been a credit to
the City of Delray Beach and may God bless them both.
At this point, the time being 10:06 p.m., the Commission moved back to
Item 9.B. of the Regular Agenda.
9.B. C_ONDITIONAL USE EXTENSION 12EOUEST/MIRAFLORES
DEVELOPMENT: Consider an extension request to allow for a residential
development with height in excess of 48 feet (58'-4" proposed) and to allow for a density
in excess of 30 units per acre (38.8 dulac proposed) within the Central Business District
(CBD), for the Miraflores Development located on the east side of SE 1St Avenue
approximately 76.5 feet south of SE 1St Street. (Quasi-Judicial Hearing)
Chevelle D. Nubin, City Clerk swore in those individuals who wished to
give testimony on this item.
Mayor Perlman asked the Commission to disclose their ex parte
communications. Mr. Levinson, Mrs. Montague, Mayor Perlman, and Mr. Fetzer stated
they all received ahand-delivery from Mr. Weiner's office.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2005-041 into the record.
Mr. Dorling stated this item is to grant a conditional use extension for
Miraflores which included building height in excess of 58 feet 4 inches and an increase in
density of over 30 units to the acre to 38.8 units to the acre. This involves the
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03/20/07
construction of a 46 unit residential development on the subject property located west of
the railroad tracks south of Atlantic Avenue between S.E. 2"d and S.E. 15` Street just west
of the Milagro Center. The development proposal involves the demolition of four (4)
single-family residences, which has already occurred, the construction of two (2) three-
story townhouse structures along S.E. ls` Avenue consisting of 16 townhomes and the
construction of a five-story condominium building consisting of 30 units with the first
level of the structure housing a 57 space parking garage as the ground floor.
At its meeting of February 15, 2005, the proposed development received
Conditional Use approval from the City Commission. At its meeting of May 11, 2005
the Site Plan Review and Appearance Board (SPRAB) recommended approval of a Class
V site plan, landscape plan and architectural elevations. The proposal was developed
under the approved Downtown Design Guidelines and they have been recently tweaked;
however, they are still consistent with those design guidelines (provided more flexibility).
Mr. Dorling stated they are being requested to be extended under LDR Section
2.4.4(F)(3) "No Construction" category and the LDR's require that findings be made in
accordance with 2.4.4(B) and that they be evaluated pursuant to the existing Land
Development Regulations. Staff recommends approval of the request for an extension of
the Conditional Use approval for Miraflores.
Jason Mankoff, 102 North Swinton Avenue, Delray Beach (Attorney
representing the Applicant), gave a brief overview of the project. He stated his client
purchased this property in December 2005 and has every intention to move forward.
Mayor Perlman stated if anyone from the public would like to speak in
favor or in opposition of the conditional use extension, to please come forward at this
time. There being no one from the public who wished to address the Commission
regarding the conditional use extension, the public hearing was closed.
The City Attorney briefly reviewed the Board Order with the Commission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
Prior to the vote, Mr. Levinson stated he hopes that subsequent
Commissions will use the theory that this Commission has used over the last six months
and that is if someone is subject to the new Design Guidelines the Commission has
extended them. If they are not, he suggested that the new Commission be reluctant to do
that. Mayor Perlman stated this is a beautiful project and he is looking forward to seeing
it.
Mr. Fetzer moved to approve the request for an extension of the
conditional use approval for Miraflores, seconded by Mrs. Montague. Upon roll call the
Commission voted as follows: Mrs. Montague -Yes; Mayor Perlman -Yes; Mr. Fetzer
- Yes; Mr. Levinson -Yes. Said motion passed with a 4 to 0 vote.
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03/20/07
9.C. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA DUE
TO THE APPLICANT'S REQUEST.
9.D. CAPITAL PROJECT FINANCING NEEDS: Consider approval of the
processing of FY 2007 Utility Tax Bond Issues and provide guidance on either a
negotiated sale with our local underwriting firm or an Internet competitive bid sale.
Joseph Safford, Finance Director, stated staff is requesting City
Commission approval to continue the Bond Issue process ($40 million tax exempt bond
issue and a $5 million taxable bond issue). He stated out of the $40 million, $15 million
is for capital improvement projects that were approved in the Capital Improvement Plan
(CIP) for this year and have yet to be funded so staff is funding it now. This includes the
ESD building, City Hall, the IT building, City Hall expansion of the north wing and the
Commission Chambers, the Intracoastal Park, replacement of Fire Station #4, Old School
Square improvements, park improvements, and Miller Park improvements. Mr. Safford
stated the remaining portion of the bond issue is for the projects that were approved by
the voters in the 2004 Parks and Recreation Bond. He stated the projects in that Bond
Issue were put together in 2003/2004 and the Bond was sold in 2004 prior to the rapid
increase in land and building costs in addition to being impacted by hurricane costs, etc.
Mr. Safford stated $22 million in additional funds are needed to complete the fiscal year
2004 General Obligation Bond.
Mr. Safford stated the City of Delray Beach has a superb reputation in the
market and commented that the City's financial condition and financial statements are
good. He stated they are fully aware of what is going on in the State of Florida with
regard to the Tax Reform proposals and are aware of the fact that this Bond Issue has
nothing to do with property taxes. Mr. Safford stated this Bond Issue has a committed
revenue source of utility taxes; however, they will be concerned with what comes from
the state and how it impacts the City's budget. Mr. Safford stated there was a concern
expressed by the Commission regarding whether or not the City should go negotiated sale
with an underwriting firm or should we go competitive. He stated in his perspective he
likes to go negotiated if you have a complex issue he would recommend talking with one
broker. Mr. Safford stated on a normal bond issue he would recommend a competitive
basis. He stated there was no basic difference in the rates and if the Commission has a
preference he would seek the approval of one method or the other. Mr. Safford stated the
City is currently spending the utility tax monies on operations and now the City is going
to take them out of operations and spend them for debt service. Therefore, Mr. Safford
stated you have to make up that money and the only place to make up that money is ad
valorem operating millage.
Mr. Levinson stated he received a spreadsheet from the City Manager with
regard to the status of the Parks and Recreation Bond projects. He suggested that the
City go negotiated sale, that staff take a look at some of these projects (i.e. City Hall
expansion, Fire Station #4, etc.) and consider delaying them a year.
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03/20/07
Mrs. Montague asked how quickly staff is looking into doing this and
inquired about the change orders. In response, Mr. Safford stated most of these costs are
locked in because they are awarded contracts with the exception of the Fire Station,
Miller Park, and City Hall.
Mayor Perlman expressed concern over the timing of this. He feels it is
very difficult to ignore what is going on in the political climate in Tallahassee. Mayor
Perlman stated we have to make some tough choices on shifting some capital priorities.
He stated he is very uncomfortable about adding on this level of debt with this being his
last meeting and also saddling the next Commission particularly when he does not know
what the revenue stream is going to be next year. He spoke about the responsibility of
making a decision of this magnitude not knowing what the City's cash flow will be next
year.
Mr. Safford expressed concern that he has to meet with the rating agencies
next week on this bond and if they see that the Commission has deferred it because of
their concerns of what is going to happen at the state that could have an impact on the
rating agencies and how they rate this bond and it could increase the interest rates on the
bond and will impact the costs. He stated the City has to take out the temporary debt and
pay for it with this full time debt. Mayor Perlman stated trying to be prudent financially
is going to affect the City's bond ratings. Mr. Safford stated it is not that they are faulting
the City for being prudent but are faulting the City because now by pledging a revenue
source we are not concerned about what the State is going to do to the City of Delray
Beach until it happens next year. Mr. Safford stated the City has to pay the bills and
noted there are construction invoices that need to be paid which need to be paid with
temporary lines of credit or permanent financing. Mr. Safford stated in most cases these
are projects that have been approved by the City Commission and in some cases staff had
to go out on temporary loans to keep the bills paid and replace the temporary loans with
permanent financing.
Mayor Perlman suggested that staff review the entire Capital Improvement
Plan (CIP) and look at projects that we can defer and do so that we do not have to borrow
$41 million. He stated he is not prepared to support this because we do not know what
our cash flow will be next year. Mayor Perlman stated there are three labor contracts
forthcoming next year and the revenue will be flat or declining.
Mr. Safford stated staff is only requesting to proceed with the bond
resolutions which will be presented in April.
Mr. Levinson moved to approve to proceed with the fiscal year 2007
Utility Tax Bond issues ($40,579,575 Utility Tax Bond -non-taxable and a $5 million
Utility Tax Bond -taxable) and that it is a negotiated sale with a broker for terms and
conditions, seconded by Mrs. Montague. Upon roll call the Commission voted as
follows: Mayor Perlman - No; Mr. Fetzer -Yes; Mr. Levinson -Yes; Mrs. Montague -
Yes. Said motion passed with a 3 to 1 vote, Mayor Perlman dissenting.
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03/20/07
9.E. RESOLUTION NO. 23-07/FLORIDA DEPARTMENT OF
TRANSPORTATION: Consider approval of Resolution No. 23-07 requesting the
Florida Department of Transportation (FDOT) to consider alternative designs to allow the
construction of a sidewalk as well as landscaping between the proposed sidewalk and
existing walls located along SR AlA in the City limits of Dekay Beach.
office.)
The caption of Resolution No. 23-07 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, REQUESTING
THE FLORIDA DEPARTMENT OF TRANSPORTAION
CONSIDER ALTERNATIVE DESIGNS TO ALLOW
THE CONSTRUCTION OF A SIDEWALK AS WELL AS
LANDSCAPING BETWEEN THE PROPOSED
SIDEWALK AND EXISTING WALLS LOCATED
ALONG STATE ROAD AlA; PROVIDING AN
EFFECTIVE DATE.
(The official copy of Resolution No. 23-07 is on file in the City Clerk's
The City Attorney stated this is a resolution seeking to have landscaping
between the existing walls and the streetscape along A-1-A.
Mr. Levinson moved to approve Resolution No. 23-07, seconded by Mr.
Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Levinson
- Yes; Mrs. Montague -Yes; Mayor Perlman -Yes. Said motion passed with a 4 to 0
vote.
9.F. APPOINTMENT TO THE CIVIL SERVICE BOARD: Appoint one
(1) regular member to the Civil Service Board for a two (2) year term ending April 1,
2009. Based upon the rotation system, the appointment will be made by Commissioner
Montague {Seat #4).
Mrs. Montague moved to appoint Eric Luckman as a regular member to
the Civil Service Board for a two (2) year term ending April 1, 2009, seconded by Mr.
Fetzer. Upon roll call the Commission voted as follows: Mr. Levinson -Yes; Mrs.
Montague -Yes; Mayor Perlman -Yes; Mr. Fetzer -Yes. Said motion passed with a 4
to 0 vote.
9.G. APPOINTMENT TO THE CODE ENFORCEMENT BOARD:
Appoint one (1) alternate 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 Montague (Seat #4).
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03/20/07
Mrs. Montague moved to appoint George Thacker as an alternate 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: Mrs. Montague -Yes;
Mayor Perlman -Yes; Mr. Fetzer -Yes; Mr. Levinson -Yes. Said motion passed with a
4 to 0 vote.
9.H. OFFICIAL MUNICIPAL ELECTION RESULTS: Canvass the
returns, and declare the official results of the March 13, 2007 First Nonpartisan Election.
The City Attorney stated there has been a modification to the Election
results. Gary Eliopoulos has 2,807 votes; Tom Stanley 1,704 votes; Rita Ellis (seat for
Mayor) has 3,270 votes; Virginia Snyder 1,249 votes.
Mr. Levinson moved to approve these amended and official election
results of the March 13, 2007 First Nonpartisan Election declaring the winner to be Gary
Eliopoulos for Seat #1 and Rita Ellis for Seat #5, seconded by Mrs. Montague. Upon roll
call the Commission voted as follows: Mrs. Montague -Yes; Mayor Perlman -Yes; Mr.
Fetzer -Yes; Mr. Levinson -Yes. Said motion passed with a 4 to 0 vote.
12. -FIRST READINGS:
NONE
At this point, the Commission moved to Item 13, Comments and
Inquiries on Non-Agenda Items.
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A. City Manager
The City Manager stated with regard to the Palm Beach County League of
Cities, there was $5,250.00 left over from the Citizens Protecting Rights PAC (Political
Action Committee) with regard to annexation issue. The Board voted to give these funds
to the new Let Us Vote PAC to support the proposed amendment to the County Charter.
Secondly, the City Manager stated the League of Cities Installation
Banquet is scheduled for June 2, 2007.
13.B. City Attorney
The City Attorney had no comments or inquiries on non-agenda items.
13.C. City Commission
13.C.1. Mr. Fetzer
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03/20/07
luck.
Mr. Fetzer wished Mayor Perlman and Commissioner Levinson the best of
13.C.2. Mrs. Montague
Mrs. Montague commented about the interview of Carolyn Holder done
by CBS staff and stated it is video streamed.
Secondly, she commended Rita Ellis for having her volunteers pick up all
of the signs regardless of whose name was on the sign.
Mrs. Montague stated she attended the funeral for Rhonda Williams
Young and it was extremely well attended.
Lastly, Mrs. Montague stated she will miss Mayor Perlman and
Commissioner Levinson.
13.C.3. Mr. Levinson
Mr. Levinson commented about Item 9.C. (Agreement/Wi-Fi
Services/Delray Beach Wi-Fi, Inc.) and stated it is disappointing that we could not get
something like this through the City.
Secondly, he stated he received an email from Dale Morrison and
commented that the Delray Beach Hot Shots beat Wellington and are ranked 18`x' in the
country for soccer.
Mr. Levinson stated he is sorry to hear about the passing of Carolyn
Holder's father as well as Rhonda Williams Young. He expressed his condolences to
their families.
He stated he had the opportunity to meet the Brazilian Ambassador to the
United States for the Delray Beach Film Festival. Mr. Levinson stated the restaurateurs
stated they did see the impact from the Film Festival.
Mr. Levinson stated he had lunch with the staffs of the organizations from
the recipient groups of the Roast. He stated it was a good event for Delray Beach.
He stated it has been a pleasure being on the City Commission and also
being Commissioner Fetzer's neighbor for 23 years.
well attended.
Lastly, Mr. Levinson stated the Police Volunteer Luncheon was extremely
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03/20/07
13.C.4. Manor Perlman
Mayor Perlman stated the Carolyn Holder interview on CBS was terrific.
He stated she has done a great job of raising awareness through her church, the
community, and now nationwide for colon cancer screening.
Secondly, Mayor Perlman stated he spent Friday evening attending
various viewings including Carolyn's father and Rhonda Williams Young. He stated
Rhonda took ill the evening of the Roast. Mayor Perlman stated she ended up in the
hospital and then passed away. He stated she will be sorely missed throughout Delray
Beach.
He stated he has been under the weather and unfortunately missed last
week's Literacy Luncheon. Mayor Perlman stated the City of Dekay Beach received an
award at the luncheon for the Get Caught Reading Initiative.
Mayor Perlman stated he spoke to Rita Ellis this evening who is ill and she
asked him to pass along her regards.
There being no further business, Mayor Perlman declared the meeting
adjourned at 11:07 p.m.
~~• -
City Clerk
ATTE
~~ ~ w
MAYOR
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 20, 2007, which Minutes were formally approved and adopted by the City
Commission on April 17, 2007
~~J~kIV
City Clerk
-39-
03/20/07
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.
-40-
03/20/07
FORM 8B MEMORANDUM OF VOTING CONFLICT-FOR
COUNTY MUNICIPAL AND, OTHER LOCAL PUBLIC OFFICER
LAST NAME--FIRST NAME~AIODLE NAME NAME OF BOARD. OOUNCIL, (~MMISSION. AUTHORITY. OR COMMITTEE
Perlman, Jeffrey L. Delray Beach City Commission
MAILING ADDRESS THE BOARD, COIKVCIL, COMMISSION, AIttHORiTY oR COMMITTEE ON
971 Delray Lakes Drive VYFpCHiSERVEISAUNITOF:
_ ~cITY o couNrY a oTIiER I:OcAL AGENCY
GTY COUNTY
De.lra .Beach Florida 33444 Balm .Beach - ruuNEOFPOL.IrICALSUSavIS1oN:
DATE oN wH1cH vorE occuRRED Wnr PosITION Is: ,
March 20, 2007 _ 1B (?LECTIUE O APPOINTNE .
WHO MUST FILE FORM 8B
Tfiis form is for use by any person serving at the county, city, or other local level of govemment on an appointed or elected board, council,
commission, authority, or committee. it applies equally to members of advisory and non-advisory bodies who. are presented; with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary.greatly.depending
on whether you hold an elective or appointive position. Fof his reason, please pay dose attention to the instnic~ions on this form before
completing the reverse side and filing the form. .:: ; , ~ .< :;
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person hoMing elective or appointive county, munidpai; or other local public office MUST ABSTAIN from votirig on a measure which
inures to his or her spedal private galn.or loss. Each elected or, appointed local~offleer also is°prohibited from knowingiywoting o~ a mea-
sure which inures to the spedal gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he. or she. is retained); to the special private-gain. or loss'.of-a relative; or
to the speda~l private gain or loss of a business assodate. Commissioners of community redevelopment agenaes under Sec: 163.356 or
163.357, F.S., and officers of independent spedal tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
capadty.
For purposes of this law, a "relative' includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
.mother-in-law, son-in-law, and daughter-iMaw. A "business assodate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
• • f ! • f t • • f f • ! f
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the forrn in the minutes.
! • • f • f f ~ f f f f • •
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may paiticlpate in these matters. However, you
must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WIl1 BE
TAKEN:
• You must complete and file this form (before malting any attempt to influence the derision) with the person responsible. for recording the
minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side)
CE FORM 88 - EFF. 112000 ITEM 9 . A PAGE 1
APPOINT'~D O~FICERS~(contnued~
• ~;cdpy 9of.tfte font ~must~be provided immediately to the other-members of the agency.
• The form must be read publicly at,the next meeGc~g after the. farm is filed. ~ .
__ _. ..
IF YOU MAKE NO~ATTEMPT~TO INFLUENCE THEDECISION-EXCEPT BY DISCUSSION AT THE MEETING:
., -.
• You mu~:disdose orally~the nature of yourcnntlicca in the measuie before participating. .
:...
• You must complete the form and file if within 15 days after the vote'oocurs with:the persor- responsible for recorcing_the tt~inutes oi'<the ~ ..
meeting,~who must incorporate the form in the minutes. A:Copy caf the form must be provided immediately to the` other members of`the
agency, and the° form must be read. publicly ati'the next meeting attar the. form. sfiled.
~~
G
DISCLOSURE OE LOCAI, AFFICER:S.,,INTEREST
1, _Sef fray Perlman , hereby disclose that on March 20 , 20 07 .
... _ ., ; .
(a)°A irreBaiYr+e'damg'~ wiU~ opine befixe my agency wtilcir (check one)
- inured to my speaal private gah or loss;
9nfureYd'fo ttfe apedal gain or toss of mytwsineas aasoaate, " `' '
~ Inured to the special gain or loss of my relative,
_: _ ._ _.
__ inured to ~e'spedal gaih or loss of
. whom I am retained; or
- inur!e~.~el~eolai~gairt er bss;°f, `.. „_., ~' _ `~ t , ;- . ~" h
,~ -
is the Esarent organization or subsidiary of a prinapat which has, retained me,
_.. -; ..
Etta :Tha measuce,+h!a(ore, my~•agency and: thee:nature of my conflicting~ihferast; itr•tll~`~teasu'reis a5 ftfUovi~:
D~~ne .~r~~:'mia~~,:A>hy wife is` the.: ~~ccc~Ytde I~irec°t~r of the community Redevelopment -
... , .
Ag~tcy '('Ci~1~ r` I 'have a conflict vat'it~g 'ori items that' directlq` dffect "the"`CRA. -
,: ,. _ . .
NOTIC,E:. UNDEi7 PROVISIONS QF FLORIDA STATUTES §112,317, A FAILURE TO .MAKE AIVY REQUIRED DIS.CL-OSURE_:
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT;
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION. IN SALARY,. REPRIMAND, OR A
CIVIL PENALTY NOT 70 EXCEED $10,000.
CE FORM 88 - t:FF. 112000: PAGE 2
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. This appeal of the denial of a Certificate of Appropriateness for additions
and alterations and renovation to the existing structure located at 24 N. Swinton and the
relocation of a structure at 24 N. Swinton to 20 N. Swinton Avenue has come before the
City Commission on March 20, 2007.
2. The Appellants, Appellee and City staff presented documentary evidence
and testimony to the City Commission pertaining to the appeal of the denial of the
certificate of appropriateness for additions and alterations and renovation to the existing
structure located at 24 N. Swinton and the relocation of a structure at 24 N. Swinton to
20 N. Swinton Avenue. All of the evidence is part of the record in this case. Required
findings are made in accordance with Subsections I, II and III.
I. LDR REQUIREMENTS
a. LDR Section 4.5.1(E)(3), 4.5.1(E)(4), 4.5.1(E)(5) and 4.5.1(E)(8)(a-k),
"Development Standards" provides guidelines in evaluating Certificates of
Appropriateness for the alteration or addition of exterior architectural features
Have the guidelines for LDR Section 4.5.1(E)(3) been met?
Yes 3 No 0
Have the guidelines for LDR Section 4.5.1(E)(4) been met?
Yes 3 No 0
Have the guidelines for LDR Section 4.5.1(E)(5) been met?
Yes 2 No 1
Have the guidelines for LDR Section 4.5.1(E)(8)(a-k) been met?
Yes 2 No 1
I~I-em q . A
Have the overall objectives of the LDR's been met?
Yes 2 No 1
II. DELRAY BEACH HISTORIC PRESERVATION DESIGN GUIDELINES:
The Delray Beach Historic Preservation Design Guidelines suggest the following which
apply with respect to the subject application:
• Locate an addition as inconspicuously as possible, usually to the rear or least public
side of a building.
• In a historic district, consider the surrounding buildings and the compatibility of the
addition in terms of size, scale, materials, mass and roof form.
• Do not introduce a new architectural style, or too closely mimic the style of the
existing building. Additions should be simply and cleanly designed and NOT attempt
to replicate the original design.
• In order for a property to convey its historic significance, it must possess integrity of
location, feeling, design, setting, materials, workmanship and association.
• Integrity is an important element in satisfying the integrity requirement.
• If a property is moved, it may lose its historic significance unless it can be
demonstrated that:
• The property was moved prior to its period of significance;
• The new location is sufficient in size and character to recall the basic
qualities of the original historic environment and setting;
• The property is oriented appropriately in relationship to its historic natural
and/or manmade surroundings, and;
• The relationship between such historic features as landscaping and
foundation are maintained.
• Relocation of buildings is recommended only a last resort, when there are no other
preservation alternatives and the destruction of the historic property at its present
location is imminent.
Have the overall objectives of the Delray Beach Historic Preservation Design
Guidelines been met?
Yes 2 No 1
2
III. THE SECRETARY OF THE INTERIOR'S STANDARDS FOR
REHABILITATION:
The Secretary of the Interior's Standards for Rehabilitation recommend:
A property shall be used for its historic purpose or be placed in a new use that requires
minimal change to the defining characteristics of the building and its site and
environment. (Standard 1)
Each property shall be recognized as a physical record of its time, place, and use.
Changes that create a false sense of historical development, such as adding conjectural
features or architectural elements from other buildings, shall not be undertaken.
(Standard 3)
Most properties change over time; those changes that have acquired historic
significance in their own right shall be retained and preserved. (Standard 4)
New additions, exterior alterations, or related new construction shall not destroy historic
materials that characterize the property. The new work shall be differentiated from the
old and shall be compatible with the massing, size, scale, and architectural features to
protect the historic integrity of the property and its environment. (Standard 9)
New additions and adjacent or related new construction shall be undertaken in such a
manner that if removed in the future, the essential form and integrity of the historic
property and its environment would be unimpaired. (Standard 10)
Have the overall objectives of the Secretary of the Interior's Standards for
Rehabilitation been met?
Yes 2 No 1
3. The City Commission has applied the LDR requirements in existence at
the time the original site plan was submitted.
4. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
3
5. Based on the entire record before it, the City Commission votes 2-1 which
is insufficient to approve the appeal under the City Charter. The City Charter requires 3
affirmative votes to take any action; therefore, the vote results in no action and the
Historic Preservation Board decision to deny the COA stands. The City Commission
adopts this Order this 20th day of March, 2007, by a vote of 3 in favor and 0
opposed.
ATTEST: `~`~
~~~~`J • >
Chevelle Nubin
City Clerk
Je a n, Mayor
4