06-04-07 Minutes RegNNE 4, 2007
A Regulaz Meeting of the City Commission of the City of Delray Beach,
Florida, was called to order by Mayor Rita Ellis in the Commission Chambers at City
Hall at 6:00 p.m., Monday, June 4, 2007.
1. Roll call showed:
Present - Commissioner Gary Eliopoulos
Commissioner Fred Fetzer
Commissioner Woodie McDuffie
Mayor Rita Ellis
Absent - Commissioner Brenda Montague
Also present were - David T. Hazden, City Manager
Susan A. Ruby, City Attorney
Chevelle D. Nubin, City Clerk
2. The opening prayer was delivered by Reverend Ron Arflin, Chaplain with
Abbey Delray South.
3. The Pledge of Allegiance to the flag of the United States of America was
given.
4. AGENDA APPROVAL.
Mr. Eliopoulos requested that Item S.I., Subdivision Imarovement
Aereement/Cannerv Row, LLC be moved to the Regular Agenda as Item 9.A.A. and
Item 8.V.1., Bid Award to Conco Horticulturah Inc. be moved to the Regular Agenda
as Item 9.A.A.A.
Mr. McDuffie moved to approve the Agenda as amended, seconded by
Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr.
McDuffie -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4
to 0 vote.
5. APPROVAL OF MINUTES:
Mr. Fetzer moved to approve the Minutes of the Regular Meeting of May
15, 2007, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows:
Mr. McDuffie -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said
motion passed with a 4 to 0 vote.
06/04/07
6. PROCLAMATIONS:
6.A. National Clean Beaches Week -June 29 -July 5, 2007
Mayor Ellis stated this proclamation will be mailed
6.B. Parks and Recreation Month -July 2007
Mayor Ellis read and presented a proclamation hereby proclaiming July,
2007, as "Parks and Recreation Month" in Delray Beach. Danielle Beazdsley, Recreation
Supervisor III (Marketing)/Pazks and Recreation Department, came forward to accept the
proclamation.
6.C. Recognizing and Commending Ed Noon, Mike Gavlord, Conor
Gorman Luigi Pratt and Scott Moore -Ocean Rescue Division
Mayor Ellis read and presented a proclamation hereby recognizing and
commending Ocean Rescue Officer Ed Noon, EMT, Ocean Rescue Officer Mike
Gaylord, EMT, Ocean Rescue Officer Conor Gorman, EMT, Ocean Rescue Officer
Luigi Pratt, EMT, Ocean Rescue Officer Trainee Scott Moore for their immediate
and appropriate action in an emergency. Ed Noon, Luigi Pratt, Scott Moore and Bob
Taylor came forward and gave a few brief comments.
6.D. National HIV Testing Dav -June 27, 2007
Mayor Ellis read and presented a proclamation hereby proclaiming June
27, 2007 as National HN Testing Day. Cory Bozovsky came forward to accept the
proclamation and gave a few brief comments.
7. PRESENTATIONS:
7_A. NONE
8. CONSENT AGENDA: City Manager Recommends Approval.
8.A. FINAL BOUNDARY PLAT APPROVAL/MORSE DELRAY
TOYOTA RE-PLAT: Approve the final boundazy plat for the Morse Delray Toyota
Re-Plat, located between US 1 and Old Dixie Highway, just north and south of LaMat
Avenue.
8.B. ACCEPTANCE OF EASEMENT DEED/4999 WEST ATLANTIC
AVENUE: Approve and accept an easement deed for the installation of a fire hydrant to
serve the proposed new Walgreens located at the northeast comer of West Atlantic
Avenue and Militazy Trail (Store #5489).
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8.C. ACCEPTANCE OF RIGHT-OF-WAY DEDICATION/334 N.E. 3rd
AVENUE: Approve and accept aright-of--way deed between the City and Kilbourne &
Zeitz, Inc., for the property located at 334 N.E. 3rd Avenue.
8_D. HOLD HARMLESS AGREEMENTl855 SOUTH OCEAN
BOULEVARD: Approve and accept a hold harmless agreement between the City and
Mark Timothy, Inc. to allow the property owner to connect to the utilities on the Florida
Department of Transportation (FDOT) right-of--way, located at 855 South Ocean
Boulevard.
8_E. HOLD HARMLESS AGREEMENT/SEAGATE HOTEL: Approve
and accept a hold harmless agreement between the City and HHC Atlantic, LLC
associated with the Seagate Hotel project for the installation and maintenance of the wall
mounted light fixtures that extend within the Atlantic Avenue right-of--way, located on
the south side of East Atlantic Avenue, between Venetian Drive and Gleason Street.
8_F. CONTRACT ADDITION (C.O. NO. 41/CHAZ EQUIPMENT
COMPANY, INC.: Approve a Contract Addition (C.O. No. 4) in the amount of
$410,227.80 to Chaz Equipment Company, Inc. for the additional work required for the
S.E./N.E. ls` Street One Way Pair Project. Funding is available from 448-5461-538-
65.88 (Storm Water Utility Fund/Other Improvements/S.E./N.E. ls` Street One Way Pair)
and 334-3162-541-65.88 (General Construction Fund/Capital Outlay/S.E./N.E. 1S` Street
One Way Pair).
8.G. SERVICE AUTHORIZATION NO. 9/KIMLEY-HORN AND
ASSOCIATES. INC.: Approve Service Authorization No. 9 in the amount of
$22,500.00 to Kimley-Horn and Associates, Inc. for the design process of the temporary
modifications to US 1 between S.E. 10`h Street and George Bush Boulevard. Funding is
available from 334-4141-572-65.99 (General Construction Fund/S.E./N.E. 5`h and 6`h
Avenues) after transfer from the Community Redevelopment Agency (CRA).
8.H. INTERLOCAL AGREEMENT/PALM BEACH COUNTY: Approve
and authorize an interlocal agreement between the City and Palm Beach County for the
transfer of Barwick Road jurisdictional responsibility from Palm Beach County including
the payment of $134,000.00 to the City for resurfacing and the installation of a traffic
separator at the intersection of Barwick Road and West Atlantic Avenue.
8_I. MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.
8_J. EARLY HISTORY OF DELRAY BEACH/ZION STUDY CIRCLE:
Approve and authorize the adoption of the Early History of Delray Beach and its use and
dissemination; and approve the use of the City of Delray Beach Logo on the Early
History Timeline.
8.K. SPECIAL EVENT REQUEST/ART & JAZZ: Approve a request to
endorse the Art & Jazz on the Avenue scheduled for June 28, 2007 from 6:00 p.m. to
10:00 p.m.; to grant a temporary use permit per LDR Section 2.4.6(F) for the closure of
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Atlantic Avenue from Swinton Avenue to the west side ofN.E./S.E. 7a' Avenue, Railroad
Drive from Atlantic Avenue north to the north side of the east/west alley and to the alleys
north and south of Atlantic on N.E./S.E. ls` Avenue, N.E./S.E. 2"a Avenue, S.E. 3`d
Avenue, N.E./S.E. 4`h Avenue, and the Tennis Center parking lot; and authorize staff
support for security and traffic control, EMS assistance, banner hanging and removal,
barricade set up and removal, trash removal and clean up.
8.L. SPECIAL EVENT REOUEST/PRO-MOTIONS SPORTS
MARKETING VOLLEYBALL TOURNAMENT: Approve a request from Pro-
Motions Sports Marketing to host a Volleyball Tournament to be held at the municipal
beach on June 23 and 24, 2007.
8.M. AGREEMENT/PALM BEACH COUNTY/NEIGHBORHOOD
RESOURCE CENTER (NRC) SHUTTERING PROJECT: Approve an agreement
between the City and Palm Beach County regarding the implementation of the
Neighborhood Resource Center (NRC) Shuttering Project through the Disaster Recovery
Initiative (DRI) Program.
8.N. AGREEMENT/PALM BEACH COUNTY/Ex'rENSluN ur
MANGO DRIVE AND S.W. 7` AVENUE: Approve an agreement between the City
and Palm Beach County regarding the implementation of the extension of Mango Drive
and S.W. 7a' Avenue through the Disaster Recovery Initiative (DRI) Program.
8.0. AGREEMENT/CORDOBA CONSTRUCTION/AMERICAN
LEGION HALL: Approve an agreement between the City, Cordoba Construction and
the American Legion Hall for the re-roofing project at 196 N.W. 8`h Avenue. The City
shall pay Cordoba Construction $16,900.00 for the re-roofing project. Funding is
available from 118-1963-554-49.19 (Community Development Fund/Housing
Rehabilitation).
8.P. ROADWAY TRANSFER AIiKEEMEN l/r'LUl(1llA
DEPARTMENT OF TRANSPORTATION: Approve an agreement between the City
and the Florida Department of Transportation (FDOT) that provides for FDOT to transfer
Depot Road from N.W. 2"d Avenue to Lake Ida to the City; and that the City shall accept
the responsibility for the operation and maintenance of the road.
8~. RECONFIGURATION PLANNING PHASE
AGREEMENT/MOTOROLA: Approve an agreement between the City and Motorola
that Motorola shall start the reconfiguration planning phase of relocating the City's public
safety communications system from its existing channels, in the 800 MHz range, to other
licensed channels not located in the 800 MHz range.
8.R RECONFIGURATION PLANNING PHASE
AGREEMENT/NEXTEL: Approve an agreement between the City and Nextel that
Nextel shall fund the reconfiguration planning phase of relocating the City's public safety
communications system from its existing channels, in the 800 MHz range, to other
licensed channels not located in the 800 MHz range.
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8.5. DISTRIBUTION OF FY 2008 JUSTICE ASSISTANCE GRANT
FUND: Approve the distribution of FY 2008 Justice Assistance Grant funds (JAG)
formerly known as Byrne funds in the amount of $564,568.00 as recommended by the
Criminal Justice Commission; and authorize the Mayor to send a letter agreeing to the
allocation of these funds.
8_T. MULTIPLE AGREEMENTSBLOCK 77 DEVELOPMENT
GROUP, L.C./TRANSFER OF THE BLOCK 69 PARKING GARAGE: Approve
the following agreements related to the transfer of the Block 69 Parking Garage to the
City from the Block 77 Development Group, L.C.: Limited Parking License Agreement,
Indemnification and Hold Harmless Agreement, Assignment and Assumption of Parking
Space Lease, Agreement Between Adjoining Landowners, Memorandum of
Understanding, Third Amendment to Pazking Space Lease, Memorandum of Lease,
Second Amendment to Release of Pazking Easement, Guaranty Agreement, Sump Pump
Installation Warranty Agreement and Mutual Estoppel Certificate.
8_U. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards for
the period May 14, 2007 through June 1, 2007.
S.V. AWARD OF BIDS AND CONTRACTS:
1. MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A.
2. Purchase awazd to Dell Incorporated in the amount of $448,086.02
per State Contract No. 250-000-03-O1 for the purchase of the SAN
Minoring with VMwaze Virtualization Solution. Funding is
available from 334-6111-521-64.11 (General Construction
Fund/Computer Equipment).
3. Purchase award to Emergency Vehicle Supply LLC in the amount
of $79,483.20 for the purchase of equipment for ten (10) police
vehicles added to the fleet eazlier this year. Funding is available
from 001-2117-521-64.20, 001-2119-521-64.20 (General
Fund/Automotive) and 001-2219-521-521-46.31, 001-2121-521-
46.31 (General FundNehicle Maintenance/Other).
4. Purchase award to Fisher Scientific Company of Tampa in the
amount of $49,123.20 for the purchase of 119 Fire Fighter Rescue
Escape Devices (FFRED) to be mounted on our existing self
contained breathing apparatus for the Fire-Rescue Department.
Funding is available from 115-2311-522-49.90 (Special Projects
Fund/Other Current Chazges).
Mr. Fetzer moved to approve the Consent Agenda as amended, seconded
by Mr. McDuffie. Upon roll call the Commission voted as follows: Mayor Ellis -Yes;
Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a
4 to 0 vote.
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9. REGULAR AGENDA:
9.A.A. SUBDIVISION IMPROVEMENT AGREEMENT/CANNERY ROW,
LLC: Approve and authorize a Subdivision Improvement Agreement between the City
and Cannery Row, LLC for improvements to the intersection of N.E. ls` Avenue and N.E.
3`d Street. Cannery Row, LLC shall pay the City in the amount of $5,625.00 for the
improvements to the intersection.
Mr. Eliopoulos declazed a conflict of interest and stepped down from the
dais.
Dick Hasko, Director of Environmental Services, stated there is a
directional error and noted the entire reference should be N.E. 3'~ Street and N.E. ls`
Avenue and under the "background" pazagraph it is listed as "S.E.".
Mr. Fetzer moved to approve, seconded by Mr. McDuffie. Upon roll call
the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mayor Ellis -
Yes. Said motion passed with a 3 to 0 vote.
9.A.A.A. BID AWARD TO CONCO HORTICULTURIST, INC: Bid Awazd to
Conco Horticulturist, Inc. in the amount of $50,050.00 for the removal of seven (7) Royal
Palm Tree Stumps and the purchase of eight (8) 30' Royal Palms for Old School Squaze
and along Seabreeze Avenue. Funding is available from 119-4144-572-46.40
(Beautification Trust Fund/Parks and Recreation).
Mr. Eliopoulos stated he would like to make sure in the future that the low
bidder proposal is blank and basically says they aze going to do the work for a certain
amount and the next bidder that was a little higher had it thoroughly explained what they
were going to do. He stated he would like to make sure that the low bidder understands
the scope of services.
Joe Weldon, Director of Pazks and Recreation, stated staff will have him
update that so that everyone is happy with what he is telling us he is going to do.
Mayor Ellis suggested moving forward assuming that the full scope of
services will be part of his bid.
Mr. Eliopoulos moved to approve the bid awazd subject to appropriate
work items that are acceptable to Mr. Weldon, seconded by Mr. McDuffie. Upon roll
call the Commission voted as follows: Mr. McDuffie -Yes; Mayor Ellis -Yes; Mr.
Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 4 to 0 vote.
At this point, the time being 6:25 p.m., the Commission moved to Item
9.A. of the Regular Ageuda.
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9.A. APPEAL OF THE HISTORIC PRESERVATION BOARD'S
DECISION/706 SOUTHEAST 2 STREET: Appeal of the Historic Preservation
Board's decision approving a Certificate of Appropriateness (COA) for construction of a
new single-family residence at 706 Southeast 2"d Street, located in the Marina Historic
District. (Quasi-Judicial Hearin
For the record, the City Attomey noted that a letter was received from the
law offices of Shubin & Bass, P.A. today and was delivered to the City Commission as
well as put in the file. The City Attorney stated what staff planned to do before receiving
this letter was to reopen the public hearing so that there is a full ability to look at the plan
and for all sides to comment on it as due process requires. Also, the City Attomey stated
when the Commission discloses their ex parte communications to please make sure they
tell a little bit of the substance of what that was and this is one of the requirements of law.
The City Attorney stated there were issues raised dealing with the composition of the
Historic Preservation Boazd and for the record she noted that there are named
professionals that aze required on the Board but one of them is a preservationist. She
stated the applicants and people filling those positions do meet the definition of
preservationist.
Mayor Ellis read into the record the City of Dekay Beach procedures for a
Quasi-Judicial Hearing for this item and all subsequent Quasi-Judicial items.
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor Ellis asked the Commission to disclose their ex parte
communications. Mr. McDuffie stated he spoke to the Attorney for the applicant to
discuss that a protest had been filed. Mr. Eliopoulos stated he spoke with the architect
and had seen the proposed changes and that was the first communication with this
applicant. Mayor Ellis stated she had no ex parte communications to disclose. Mr.
Fetzer stated he previously disclosed that he had met with the developer, his architect,
and his attorney and at that time he reviewed the initial proposed plans, basically what
was described at the last Commission meeting. Mr. Fetzer stated he has not had any
additional ex parte communications since that time.
Mazk McDonnell, AICP, Assistant Planning and Zoning Director, entered
the Planning and Zoning Department project file #2007-070 into the record.
Mr. McDonnell stated the requested action is for the City Commission to
consider an appeal to the Historic Preservation Boazd's (HPB) decision made on March
21, 2007. The HPB approved a Certificate of Appropriateness (COA) for the new
construction of asingle-family residence located at 706 S.E. 2"d Street (Marina Historic
District). He stated the two appellants listed as Claudia Willis and Cheryl Jones filed an
appeal on April 4, 2007. On May 1, 2007, the City Commission continued the public
hearing to May 15, 2007, with the instructions to the applicant that they reduce the scale
and revise the application in accordance with what they had offered at that hearing. On
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May 14, 2007 revised plans were submitted and on May 15, 2007, the City Commission
postponed the item to tonight's meeting (June 4, 2007) because staff did not have enough
time to fully evaluate those revised plans. Mr. McDonnell stated the Planning and
Zoning staff report date May 30, 2007 also provides an analysis between the previous
proposal and that which is currently being considered. He stated Amy Alvazez has
indicated that the proposal remains non-compatible with regard to scale and mass. Staff
recommends that the City Commission approve the appeal.
The City Attorney stated all previous testimony and evidence presented at
the prior hearing is part of this record.
Elaine D. Walters Shubin & Bass, P.A., 46 S.W. 1" Street. 3`d Floor,
both live within 500 feet of the proaosed construction), stated their major concern is
that the City is failing to follow its own laws and regulations considering the construction
in the historic districts in the City of Delray Beach. She stated one of the primary
concerns is that new construction is compatible with the contributing structures and meet
the City's regulations. Ms. Walters stated based on the plans that have been filed, while
the applicants have taken some measures to come more into line with the regulations,
they have still not accomplished that goal. Ms. Walters stated that this has made this
proposed construction inconsistent with the City's Comprehensive Plan, the Land
Development Regulations, and the Guidelines for Historic Preservation and
Development. She stated the other legal issues they were concerned with the City
Attorney did address on the record.
Warren Adams entered his credentials into the record and stated with
regazd to the appeal against the proposed project for 706 S.E. 2" Street he stated at the
May 1, 2007 City Commission meeting the applicants agreed to make a number of
revisions to the original plans. He stated while some of the revisions have appeazed to
have been made, staff has pointed out in the Historic Preservation Planner's report a
number were not made. Mr. Adams stated the ones that appear to not have been made
aze: (1) the removal of the covered gallery, (2) the removal of the south loggia, (3) the
removal of the roof over the master covered terrace. Staff recommends that the City
Commission approve the appeal. Mr. Adams stated LDR Section 4.5.1(E)(7) states "the
construction of new buildings or structures within a designated historic district shall meet
the same compatibility standazds as any material change in the exterior appeazance of an
existing non-contributing building. Any material change shall be generally compatible
with the form, proportion, mass, configuration, building material, texture, color and
location of historic buildings, structures or sites adjoining or reasonably approximate."
He stated you cannot use recent construction to compare what is appropriate for historic
districts. Mr. Adams commented about a statement that was made at the last meeting that
the Secretary of Interior Standards cannot be applied to new construction in historic
districts and that it is merely for alterations or additions. Mr. Adams stated this is
incorrect and is a misinterpretation of historic preservation and the standazds the City
should be using. Mr. Adams stated the City's LDR's recommend that any changes must
be compatible with the standards. He stated the revised plans that have been submitted
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show a total floor azea of 9,464 squaze foot (FAR of 42%); the under air floor azea is
7,060 square feet (FAR of 31%). Mr. Adams stated the massing is also a concern in
particular the east and most visible elevation which faces onto the Intracoastal Waterway.
Mr. Adams suggested that consideration be given to reducing the massing of this
elevation by reducing the fapade length of the frontage and removing some of the second
story elements. Mr. Adams stated the application is inconsistent with the Land
Development Regulations, the Delray Beach Design Guidelines, the Secretary of Interior
Standazds and the Comprehensive Plan.
Ms. Walters stated the City has done a wonderful job of setting up the
historic districts and a great job with setting up a Historic Preservation Board (HPB) and
hiring a Historic Planner. She urged the Commission to listen to the laws and the
recommendations of the professionals and those laypeople that have been hired to help
develop those standards. She stated this particular application is not consistent with the
laws and is not compatible with the surrounding structures.
Mark I{rall (A¢ent for the Applicant), stated Francisco Perez-Azua
(Architect) will give a brief PowerPoint presentation regarding the changes. For the
record, Mr. ICrall stated everything that they stated at the prior meeting they would like to
re-instate today. He stated this hearing was continued and the reason for the continuance
was so that they could provide something in the alternative.
Francisco Perez-Azua, Architect for the proiect, briefly reviewed the
azchitectural elevations and the revised plans.
Steve Harsnett, 405 S.E. 7`" Avenue, Delrav Beach, stated he
appreciates the aesthetic content of the Marina Historic District and commented that there
are many properties that are aesthetically contributing to the neighborhood and many that
are not. He stated in the context of the neighborhood this project appears to be high in
quality and aesthetic content but also could very easily become one of those proud
structures of the Marina Historic District and not one of the many blighted structures that
aze there that do not seem to be getting the recognition that this house gets.
Carolyn Patton, 1020 Tamarind Road, Delrav Beach (also owns
property at 60 Marine Way in the Marina Historic Districtl, stated there is not a lot
of blight and noted one or two things need to be improved. She stated Palm Square and
parts of 7`h Avenue are one of the most pristine historic areas we have in Delray Beach.
The house is extremely visible from 213 S.E. 7`h Avenue, 209 S.E. 7`h Avenue, 201 S.E.
7`h Avenue from the Intracoastal Waterway and from 200 Marine Way directly north.
She stated the house is on the Intracoastal; however, it is part of a historic district. Ms.
Patton stated actor Tom Cruise recently built a 10,000 square foot house in California as
his dream house and noted the squaze footage on this home is 9,462. She stated a movie
staz mansion in Beverly Hills is not compatible with the Marina Historic District. She
feels there are things that could be done to bring the home more in line. Ms. Patton stated
for the last approval for demolition of a historic structure on this lot the owners agreed to
meet strict historic preservation guidelines when they rebuild and would like it explained
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to her how this house meets strict historic preservation guidelines.
There was no cross-examination.
Ms. Walters stated the presentation of the applicant proves their point and
commented about the chart that was shown that compared all of the housing around the
property and noted it was not distinguishing of historic structures but displayed every
house in the area. Ms. Walters stated this is not the comparison that should be made and
the 40% FAR is not compatible with the contributing structures with 30% as the
maximum of the historic buildings and the average is much less than that (20% or less).
She stated this is not about what the Commission has approved in the past or any other
structure but is about starting fresh and approving only structures that are compatible
with the historic structures. Ms. Walters stated nothing in the LDR's or the Code says
that a property can be treated differently if it cannot be seen from the roadway. She
stated it is not just from the roadway that we need to be concerned with but there are
neighbors that will be able to see the structure and they know it is not compatible. She
stated the guidelines discussed by the applicant are the guidelines that are proposed and
not approved yet. Ms. Walters stated this structure does not meet the current guidelines,
the current LDR's and the current Code.
Mr. Perez-Azua stated they understand that REG's guidelines are not
required but they are stricter than the current guidelines. He stated at the previous City
Commission meeting they submitted letters of every single resident closest to this home
in support of this project. He stated those who can see this house are very happy with the
project. In addition, Mr. Perez-Azua stated one of the public members indicated that he
was including this in the calculations and the indication that they are including that is not
correct. He stated it is shown on the map geographically because he cannot chop off the
Intracoastal or the streets as much as he can chop off the right-of--way.
Mr. Krall stated he differs with the appellants and feels this does have to
do with what has been done in the past. He stated this developer built the house in 2004
on 327 S.E. 7`n Avenue and distributed a copy of the staff report. Mr. Krall noted on
page two there is a reference made about construction of a 7,782 square foot residence
(5,991 under air) and stated the lot being discussed this evening is twice as big. Mr. Krall
made reference to LDR Section 4.5.1.(E)(8)(J) regarding massing where it is analyzed in
the staff report and the Commission passed it and in their conclusion it states "the
increase in square footage and lot coverage reflects the increasing trend in the
neighborhood based on rising property values. Evidence of these larger houses can be
seen on the adjacent lot to the south and on several lots to the north of this property on
the east side of S.E. 7`h Avenue."
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).
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06/04/07
The City Attorney stated the applicant has indicated that they aze willing
to make certain concessions which become conditions of approval. Therefore, the City
Attomey stated the Commission should be looking at the revised plans and make their
determination as to whether or not it follows the LDR's.
Mayor Ellis stated she would support staff's recommendation which is the
revised plan with the two conditions of approval (1) that the east elevation is broken up to
provide a less massive appearance with one and two-story elements by adding these as
conditions of approval; and proposes that the Commission pass this application with
those conditions.
revised plans.
Mr. Perez-Azua stated they have already addressed these conditions in the
Mayor Ellis asked if these two conditions were addressed in the revised
plans. Mr. Adams stated he believes the applicant made an attempt; however, he does not
feel it goes faz enough back.
Amy Alvarez, Historic Preservation Planner, stated there have been no
additions as far as breaking up the two-story elements into aone-story and atwo-story
further setting back the second story. She stated one can see a comparison of the plans
that were reviewed by staff and prepazed the report for the Historic Preservation Board
review and then the revised plans. Mrs. Alvarez stated the applicant has not addressed
those two items that staff originally recommended in the HPB report in Mazch 2007.
of him.
Commission.
Mr. Eliopoulos stated he feels the applicant has done what has been asked
Mr. Perez-Azua briefly reviewed the azchitectural elevations for the
Mr. Fetzer moved to adopt the Board Order as presented, seconded by Mr.
Eliopoulos. Upon roll call the Commission voted as follows: Mayor Ellis - No; Mr.
Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion DENIED the
appeal and upheld the decision of the Historic Preservation Board to approve the
Certification of Appropriateness (COA) and accepts the revised plan passed with a 3 to 1
vote, Mayor Ellis dissenting.
The City Attomey stated the revised plan has been approved.
At this point, the time being 7:35 p.m., the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
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10. PUBLIC HEARINGS:
10.A. ORDINANCE NO. 21-07 (FIRST READING/FIRST PUBLIC
HEARING): Community Redevelopment Agency (CRA) initiated amendment to the
Land Development Regulations (LDR), amending Section 4.4.13, "Central Business
District (CBD)," Subsection 4.4.13(H)(1), to provide an exemption to the prohibition of
office uses on the ground floor of buildings on East Atlantic Avenue. If passed, a second
public hearing will be scheduled for June 19, 2007.
The caption of Ordinance No. 21-07 is as follows:
AN ORDINANCE OF THE CTTY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES,
BY AMENDING SECTION 4.4.13, "CENTRAL
BUSINESS (CBD) DISTRICT", SUBSECTION
4.4.13(H)(1), TO PROVIDE AN EXEMPTION TO
THE PROHIBITION OF OFFICE USES ON THE
GROUND FLOOR OF BUILDINGS ON ATLANTIC
AVENUE, EXTENDING FROM SWINTON AVENUE
TO OCEAN BOULEVARD, UNDER CERTAIN
CIRCUMSTANCES; PROVIDING A SAVINGS
CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTNE DATE.
(The official copy of Ordinance No. 21-07 is on file at 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.
Jeff Costello, Community Redevelopment Agency (CRA), 20 N. Swinton
Avenue, Delray Beach, stated on October 3, 2006, the City Commission approved an
amendment to the Land Development Regulations (LDRs) relating to office uses on the
ground floor of buildings on Atlantic Avenue, extending from I-95 to Ocean Boulevard.
Subsequent to the adoption, there were situations brought up by various property owners
where their properties are not very conducive to retail type uses. He stated their buildings
are set back a minimum of 28 feet up to 53 feet and there are a limited number of
properties where this would apply. Mr. Costello stated this creates a hardship for these
buildings and properties. He stated in the Cluster Study that was provided a couple of
years ago, it did mention the fact that the ability for these properties to continue to lease
these bays short term until they can get the pedestrian oriented design, is critical for the
overall appearance of the Avenue. Therefore, this amendment is being proposed to
provide an exemption to the current regulation when at least 80% of the building frontage
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06/04/07
is setback 25 feet or greater. Staff requests the support of the Commission of this change
Mayor Ellis declazed the public hearing open. There being no one from
the public who wished to address the Commission, the public hearing was closed.
Mr. Eliopoulos moved to approve Ordinance No. 21-07 on First
Reading/First Public Hearing, seconded by Mr. McDuffie. Upon roll call the
Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffte -
Yes; Mayor Ellis -Yes. Said motion passed with a 4 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.
The City Manager stated at the last meeting Pauline Moody came before
the Commission expressing concern about construction sites behind the librazy and the
courthouse. He stated an inspection was made of those sites. It was determined that both
sites have active construction but the sites are not cluttered with debris or other materials
that are not common to construction sites. The City Manager stated the only nuisance
that needed to be addressed was some litter that had accumulated around the perimeter
fences and that should have been cleaned up by now.
11.B. From the Public.
None.
12. FIRST READINGS:
12_A. ORDINANCE NO. 20-07: City initiated amendment to the Land
Development Regulations (LDR), amending Section 4.4.25, "Special Activities District
(SAD)", Subsection 4.4.25(C) to shift the authority for approval of site plans, landscape
plans, and architectural elevations from the Planning and Zoning Board to the Site Plan
Review and Appearance Board for projects located in the Special Activities District
(SAD). If passed, a public hearing will be scheduled for June 19, 2007.
The caption of Ordinance No. 20-07 is as follows:
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 4.4.25, "SPECIAL
ACTIVITIES DISTRICT (SAD)", SUBSECTION
4.4.25(C), "REVIEW AND APPROVAL PROCESS",
TO PROVIDE FOR THE REVIEW AND APPROVAL
OF PLANS BY THE SITE PLAN REVIEW AND
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06/04/07
APPEARANCE BOARD AND NOT THE PLANNING
AND ZONING BOARD; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTNE DATE.
(The official copy of Ordinance No. 20-07 is on file at the City Clerk's
Office.)
The City Attorney read the caption of the ordinance.
Mazk McDonnell, AICP, Assistant Planning and Zoning Director, stated
this is aCity-initiated amendment to the Land Development Regulations (LDRs) to shift
the authority for approval of site plans, landscape plans, and architectural elevations from
the Planning and Zoning Boazd to the Site Plan Review and Appearance Board for
projects located in Special Activities Districts (SADs). Staff recommends shifting the
authority to approve plans located in the SAD (Special Activities District) from the
Planning and Zoning Boazd to the Site Plan Review and Appearance Board.
Mr. McDuffie moved to approve Ordinance No. 20-07 on FIRST Reading,
seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr.
Fetzer -Yes; Mr. McDuffie -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said
motion passed with a 4 to 0 vote.
At this point, the time being 7:44 p.m., the Commission moved back to the
Regular Agenda (Item 9.B.).
9.B. WAIVER REOUEST/LAST RESORT SALOON: Consider a request
for waiver of Land Development Regulations (LDR) Section 2.4.7(B)(1)(b)(i) "Special
Power to the City Commission", and Section 4.3.3(V)(2)(a) "Prohibitions by Frequency",
to waive the prohibition against seeking a waiver for use of land or structures regulations
and to allow a reduction in the required sepazation distance from 750 feet to 200 feet
when measured from lot line to lot line for the Last Resort Saloon, Inc., a proposed stand
alone baz to be located within the Pelican Harbor Shoppes. (Quasi-Judicial Hearinp~
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor Ellis asked the Commission to disclose their ex parte
communications. Mr. McDuffie, Mr. Eliopoulos, and Mayor Ellis had no ex parte
communications to disclose. Mr. Fetzer stated he had a telephone conversation with Joe
Riello (owner of Who's Restaurant and Lounge).
Mark McDonnell, AICP, Assistant Planning and Zoning Director, entered
the Planning and Zoning Department project file #2007-221 into the record.
Mark McDonnell, AICP, Assistant Planning and Zoning Director, stated
this is for two waiver requests from the applicant one being for the City Commission to
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06/04/07
waive the prohibition considering waivers relating to use of land or structures. The
second waiver request is to waive the 750 foot separation requirement between stand
alone bars. The LDR's require a separation distance for stand alone bars 750 feet be
measured from parcel line to pazcel line. Mr. McDonnell stated the LDR was put in place
for properties along Atlantic Avenue and really did not envision these large plaza type
developments. In reviewing the request, it was discovered that the surveyor measured
from baz to baz versus from lot line to lot line as required by the LDRs. In one case, the
minimum separation is met (985 squaze feet) and in the other it is not (200 square feet).
The applicant is seeking relief from the City Commission via these waiver requests.
Beverly Storev. Owner of Last Resort Saloon, Inc. (Analicantl, stated
they have owned and operated the Last Resort Salon, Inc. for the last 12 %z yeazs and are
attempting to relocate. She stated they are a stand alone bar and made reference to LDR
Section 4.3.3(V)(2)(a) "Prohibition by Frequency". Mrs. Storey stated she believes that
the intent of that was to prevent proliferation of cocktail lounges and bars into any given
azea throughout the city. She stated with this being site specific if you go north, south,
east, or west 750 feet disregazding the 200 foot lot line to lot line, there can be no
possible proliferation in this azea. Mrs. Storey stated this is mainly covered by the caz
dealerships and retail spaces. She stated she has reviewed the Comprehensive Plan and
the LDR requirements and feels they have fulfilled all of those because they are
consistent and compatible with the azea. Mrs. Storey urged the Commission to waive the
200 foot lot line to lot line because she does not feel it applies here and they have
exceeded the 750 foot sepazation requirement by over 30% to 985 feet.
Mayor Ellis stated if anyone from the public would like to speak in favor
or in opposition of the request, to please come forwazd at this time.
There was no cross-examination or rebuttal.
The City Attorney briefly reviewed the Board Order with the Commission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
Mr. McDuffie moved to approve the Board Order as presented, seconded
by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes;
Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 4
to 0 vote.
9_C. WAIVER REOUEST/HAMMOCK HOUSE: Consider a request for
waiver of Land Development Regulations (LDR) Section 1.3.8(B) "Reconstruction
Necessitated by Acts of God", which requires applicants seeking building permits to
submit within one (1) yeaz of the date on which the "Act of God" event occurred and that
all reconstruction be completed within three (3) years from the date of the event for the
Hammock House located at 1000 N.E. 9`s Avenue. (Quasi-Judicial Hearing)
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06/04/07
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor Ellis asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose.
Mazk McDonnell, AICP, Assistant Planning and Zoning Director, entered
the Planning and Zoning project file #2007-217 into the record.
Mr. McDonnell stated this is a request to waive LDR Section 1.3.8(A)
which deals with destruction that occurs to a property or structures by an Act of God. In
October 2005, Hurricane Wilma went through the Hammock House and suffered
hurricane damage. However, at the time, the prior owner was in an insurance litigation
with Citizens. Therefore, the current owner could not apply for a building permit in the
one year timeframe for that waiver and the other waiver is that they be allowed to
complete those improvements beyond three years from the date of the event (October
2005). Mr. McDonnell stated due to the extenuating circumstances that are listed in the
applicant's request letter, staff supports the request for both waivers (one year to apply
for the building permit and the three yeazs to finish the work).
Jason Mankoff, Attomey with Weiner and Aronson, P.A., 102 North
Swinton Avenue, Delray Beach, stated they adopt the findings in the staff report. Mr.
Mankoff stated the same developer has three other projects and all have met the one yeaz
deadline. He stated there were issues concerning the purchase of the property.
The City Manager asked if there are some new timeframes that could be
put into place. He expressed concern that people complain about a property that is not
getting restored and staff would like to be able to tell them that the owner expects to get
started in a certain timeframe.
Mayor Ellis stated if anyone from the public would to speak in favor or in
opposition of the request, to please come forward at this time.
There was no cross-examination or rebuttal.
The City Attomey 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. Eliopoulos moved to approve the Board Order amending Pazagraph
#4 with the condition that the building permit application is made one yeaz from the date
of the Board Order and all reconstruction must be completed within three (3) years from
the date of the Board Order, seconded by Mr. McDuffie. Upon roll call the Commission
voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr.
McDuffie -Yes. Said motion passed with a 4 to 0 vote.
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06/04/07
9_D. RESOLUTION NO. 35-07/S.W. 8~h AVENUE: Approve Resolution
No. 35-07 declaring the necessity for public improvements for the S.W. 8`h Avenue azea
and directing the establishment of a special assessment district to defray a part of the
expense for the construction of a road.
The caption of Resolution No. 35-07 is as follows:
A RESOLUTION OF THE CTI'Y COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, DECLARING THE
NECESSTfY FOR PUBLIC IMPROVEMENTS FOR THE
SOUTHWEST 8T" AVENUE AREA AS SHOWN ON EXHIBIT
"A", AND DIRECTING THE ESTABLISHMENT OF A
SPECIAL ASSESSMENT DISTRICT TO DEFRAY A PART OF
THE EXPENSE FOR THE CONSTRUCTION OF A ROAD;
PROVIDING FOR THE ESTIMATED COST OF THE
IMPROVEMENTS; PROVIDING FOR THE PREPARATION OF
THE ASSESSMENT ROLL.
(The official copy of Resolution No. 35-07 is on file at the City Clerk's
Office.)
The City Attomey read the caption of Resolution No. 35-07 and stated the
actually cost is $164.80.
Mr. McDuffie asked about the funding source being not applicable. The
City Manager stated it is in the City's Capital Improvement Plan (CIP) for this year. The
City Attomey stated the Commission is voting on a special assessment and will be
approving and voting on the funds at a later date.
Mr. Fetzer moved to approve Resolution No. 35-07, seconded by Mr.
Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr.
Fetzer -Yes; Mr. McDuffie -Yes; Mayor Ellis -Yes. Said motion passed with a 4 to 0
vote.
The City Manager stated this is the road that goes alongside Jaime
Ramirez's house.
9.E. SPECIAL EVENT REQUEST/PALM BEACH FIESTAS
PATRONALES AND BUSINESS EXPO: Consider approval of a special event request
to endorse the 2" Palm Beach Fiestas Patronales and Business Expo sponsored by the
Puerto Rican/Hispanic Chamber of Commerce for Palm Beach proposed to be held on
August 3, 2007 and August 4, 2007 subject to the conditions outlined in the staff report.
Doug Smith, Assistant City Manager, stated this request is for the 2"d Palm
Beach Fiestas Patronales and Business Expo proposed to be held at Old School Squaze
August 3`d and August 4t° from 6:00 p.m. until midnight. This will be a gated event held
at Old School Square with an admission charge of $10.00. Approval is also requested For
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06/04/07
staff support for security and traffic control, the prepazation of event signage and reserved
pazking at the Community Redevelopment Agency (CRA) lot off N.W. ls` Avenue for
VIPS and entertainers. Staff recommends endorsement of the event with six (6)
conditions as listed in the staff memorandum. Staff feels based on last year's experience
that we should require EMS presence there although it was not requested by the applicant
and there will be time needed for staff cleanup. The estimated overtime costs for the
event is $12,753 and signage is approximately $250.00. Based on our current event
policies and procedures, those would be waived since it is a second year event; however,
staff recommends to authorize a change in the policy for this event and to change a
minimum of 30% of the cost which would be $3,900.00 for the City cost for services for
this event. In addition, the other items aze listed in the memorandum under the
"recommendation".
Mr. McDuffie moved to approve the Special Event request to endorse the
2°a Palm Beach Fiestas Patronales and Business Expo to be held on August 3-4, 2007
subject to the conditions listed in staff's memorandum and omitting condition #5,
seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr.
Fetzer -Yes; Mr. McDuffie -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said
motion passed with a 4 to 0 vote.
At this point, the time being 8:05 p.m., 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 he attended the general membership meeting
with the Palm Beach County League of Cities and noted that County has an Economic
Development Planning Committee. He stated Nancy Hogan from Ocean Ridge was
appointed the League's representative on the Economic Development Planning
Committee. Also, the League's Attorney brought to their attention something they had
not noticed and stated the Legislature at the last session changed the date for issuing
business tax receipts for professional licenses bills used to go out August 15` and they
now have to go out July ls`
Secondly, the City Manager stated he spent approximately 3 %: hours on
Saturday morning with department heads going through all the budgets and prioritizing
their requests. He feels this is a useful tool and staff got a better appreciation as a group
in what it means to look at the budget from a citywide perspective rather than their own
department. The City Manager distributed a copy of the budget ranking to the
Commission and noted he would like the input of the Commission.
13.B. City Attornev
The City Attorney had no comments or inquiries on non-agenda items.
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06/04/07
13.C. City Commission
13.C.1. Mr. Fetzer
Mr. Fetzer stated he lives on one of the most exciting streets in Delray
Beach (Evergreen Drive). He commented about Commissioner Levinson's home neazly
burning down. He stated he was in Jacksonville on Saturday and his son called him
about Delray Beach Police and Sheriff's cars pazked up and down both sides of
Evergreen Drive evidently because of the Picasso's robbery and shooting. Mr. Fetzer
complimented the Delray Beach Police Department for doing a great job.
Secondly, he stated he met with the Education Board this evening and
appazently the School Boazd is not going to fund the new middle school of the arts. Mr.
Fetzer stated he is not sure if he will be able to attend the Workshop meeting next
Wednesday. However, he stated he is going to contact Bob Kanjian of the Palm Beach
County School Board and express his concern about this and feels the rest of the
Commission should do the same.
13.C.2. Mr. Eliopoulos
Mr. Eliopoulos stated Commissioner Montague and he went to Florida
Atlantic University (FAU) for the Gangs and Crime workshop. Mr. Eliopoulos
complimented Chief Schroeder for a job well done.
Secondly, he attended the Palm Beach County League of Cities Workshop
meeting a couple of weeks ago and some House Representatives attended. Mr.
Eliopoulos stated he met with Representative Adam Hasner who clearly felt the City of
Delray Beach is spending too much money. Mr. Eliopoulos feels we need to get more
involved and speak about how it is going to affect us and what we aze spending money
on. Unfortunately, Mr. Eliopoulos stated this is how it is being presented at a state and
local level.
Mr. Eliopoulos stated he attended a traffic light dedication at Tropic Isles.
He commented about the Spady Museum Groundbreaking Ceremony.
Mr. Eliopoulos stated he met with Bexley Pazk Board Members and they
want to get involved with the budget with regazd to parks. He stated they have indicated
that there is a lot that they can live without in order to help the city out and still be happy.
Mr. Eliopoulos stated he also met with the Fire Department Union and they are getting
creative on ways they can actually cut down on some spending.
Lastly, he stated the Blue Ribbon Task Force met and their
recommendations will be presented at the Workshop Meeting.
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06/04/07
13.C.3. Mr. McDuffie
Mr. McDuffie stated he had the privilege to attend the Youth Vocational
School Graduation with Commissioner Eliopoulos. He stated this was a very
heartwarming event and is tremendous for the community.
Secondly, Mr. McDuffie stated he attended the Cinco de Mayo dinner and
commented about the good things that come out of this event. He noted that in the
follow-up banquet the children are rewarded with tuition for their college education. He
stated as a result of that Cinco de Mayo is not only something that is enjoyable for the
community but we are also rewarding the youth in this community from the funds that
they reap from the dinner event. Mr. McDuffie suggested that the City get with
representatives from Cinco de Mayo to find ways to bring their attendance up. He stated
he was very excited to be there and it was a very rewarding experience.
Lastly, Mr. McDuffie stated he attended the League of Cities Gala to see
the new President installed and had a wonderful time. He stated the Board of Directors is
tremendous.
13.C.4. Mayor Ellis
Mayor Ellis thanked the entire Commission for helping fill in for her over
the last few weeks while she was recovering from foot surgery.
Secondly, Mayor Ellis commented on the Home Rule Initiative and stated
one of the Palm Beach County Commissioners is actively lobbying against this Home
Rule Initiative. She stated there are 11 municipalities (out of 38) who have not signed up
for this and she reminded the Commission that when there are events that they are
attending or speaking at to have petitions with them. She stated the Commission can let
people know up front that they have those petitions and pick up the ones that are signed.
She would really like for the organization that is heading this up to see petitions coming
back from Delray Beach. Mayor Ellis stated the organization is still working with the
County Commission to see if they can get this through the County Commission and not
have to have the petitions. Mayor Ellis stated the Primary Election has been moved to
January 29, 2008 and this would be the date for which these petitions would need to be
completed. Mayor Ellis stated this is an important issue to Delray Beach and all of the
other municipalities that have signed on.
She stated everyone is wondering what the State Legislature is going to do
about property taxes and we have had some Town Hall meetings from our State
Legislators, the Palm Beach County Commission, as well as the Governor. She stated in
true Delray style she is proposing that we have our own summit with the citizens of
Delray Beach so that they might let the Commission know where they feel like some of
these cuts can be made. Mayor Ellis stated it would strictly be an open microphone
comment type forum and everyone would have approximately 2-3 minutes to address the
specific issues of reduced revenues and property taxes. She also suggested receiving
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06/04/07
input from homeowners associations and people who aze non-profits. Mayor Ellis stated
the tentative date is Tuesday, June 12, 2007 from 7:00-8:30 p.m. She requested that this
be advertised and encouraged our citizens to attend.
The City Manager stated the Workshop meeting can be held from 6:00-
7:00 p.m. in the First Floor Conference Room of City Hall and the Public Input Meeting
for the Budget can be held at Old School Squaze in the Crest Theatre from 7:00-8:30 p.m.
Mayor Ellis stated she is going make sure that people who speak stay on point and that
we have civility and a true dialog from our citizens on this issue. Mr. Eliopoulos
suggested that staff give a presentation in laymen's terms regarding the City's budget.
Mr. McDuffie suggested using the Finance Department's presentation from the
Resident's Academy and stated this would be a great introduction. Mr. McDuffie
expressed concern about whether or not staff can get the word out quickly because he
stated this is awfully short notice. The City Manager stated staff can notify the
homeowners' associations and the non-profits via letters or emails. Mr. McDuffie
suggested that Ivan Ladizinsky, Public Information Officer send an email blast and/or a
broadcast. The City Manager stated one of the reasons for suggesting that date is because
of the special session and if anything comes out of the special session then the City of
Delray Beach would need to communicate with the legislators in a timely matter. Alice
Finst stated she understands there are facilities at Old School Squaze for live cable and
maybe that would be an opportunity to broadcast the meeting. Mayor Ellis stated staff
will check into this.
Mayor Ellis stated she attended the Spady event and it was well attended.
She stated they are very excited about their Phase II and are moving on.
She apologized for missing the Vocational Charter School Graduation and
thanked Commissioner McDuffie and Commissioner Eliopoulos for attending. Mayor
Ellis stated she spoke with the Principal to let her know how proud she is that this is a
facility of ours and truly good things are coming from it.
There being no further business, Mayor Ellis declazed the meeting
adjourned at 8:32 p.m.
C~~~~A ~ \vv~n~
City Clerk
ES .
~~~ ~.~
MAYOR
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06/04/07
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the Minutes of the Regular City Commission Meeting held
on Monday, June 4, 2007, which Minutes were fonnally approved and adopted by the
City COll1n11SSlott on June 19, 2007
~ ~ ~~~ ~,
City Clerk
NOTE TO READER:
If the Minutes you have received are not completed as indicated above, this means they
are not the official Minutes of the City Commission. They will become the official
Minutes only after review and approval which may involve some amendments, additions
or deletions as set forth above.
-22-
06/04/07
~~
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 approval of a Certificate of Appropriateness for the new
construction of a single family residence located at 706 SE 2nd Street has come before
the City Commission. Applicant has submitted a revised plan for review. The City
Commission was the authority to add conditions to its determinators, per LDR Section
2.4.7(E)(4)(b). Thus, the order. will be based on the revised plan which will be deemed
to be a condition of this Board Order.
2. The Appellants, Appellee and City staff presented documentary evidence
and testimony to the City Commission pertaining to the appeal of the approval of a
Certificate of Appropriateness for the. new construction of a single family residence
located at 706 SE 2"d Street. All of the evidence is part of the record ih this case.
Required findings are made in accordance with Subsections I, II and 111.
I. -LDR REQUIREMENTS
a. LDR Section 4.5.1(E)(4), 4.5.1(E)(7) and 4.5.1(E)(8)(a-k), "Development
Standards" provides guidelines in evaluating Certificates of Appropriateness for the
alteration or addition of exterior architectural features
Are these LDR Sections met?
Yes 3 No 1
I1. DELRAY BEACH HISTORIC PRESERVATION DESIGN GUIDELINES:
The Delray Beach Historic Preservation Design Guidelines suggest the following
which apply with respect to the subject application:..
• The relationship of new construction adjacent to significant historic resources can
either enhance or detract from the historic setting of the district. It does not
appear that the structure, as proposed, would enhance the historic district wit
which it is located.
tPI13b-r
SDAN~ED
• All new construction should complement the historic architecture of the district.
While the style may be appropriate, the large mass, scale, and volume is not
complementary.
• The character of the massing should be compatible with the surrounding
buildings. The mass of the proposed structure clearly outweighs that of the
surrounding buildings, inclusive of the adjacent two-story structures located
immediately to the north and south.
Have the overall objectives of the Delray Beach Historic Preservation Design
Guidelines been met?
Yes 3 No 1
III. THE SECRETARY OF THE INTERIOR'S STANDARDS fOR
REHABILITATION:
The Secretary of the Interior's Standards for Rehabilitation recommend:
New additions, exterior alterations, or related new construction shall not destroy historic
materials that characterize the property. The new work shall be differentiated from the
old and shall be compatible with the massing, size, scale, and architectural features to
protect the historic integrity of the property and its environment. (Standard 9)
Have the overall objectives of the Secretary of the Interior's Standards for
Rehabilitation been met?
Yes 3 No 1
3. The City Commission has applied the LDR requirements in existence at
the time the original site plan was submitted.
4. This decision is consistent with the goals, policies and objectives of the
City's Comprehensive Plan.
5. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
6. Based on the entire record before it, the City Commission approves
denies x the appeal and upholds the decision of the Historic Preservation Board to
approve the Certificate of Appropriateness (COA) and accepts the revised plan as a
binding condition on the decision of the Historic Preservation Board and hereby adopts
2
this Order this
opposed.
day of June 4, 2007
ATTESTT: p
Chevelle Nubin
City Clerk
by a vote of 3 in favor and 1
Rita Ellis, Mayor
3
FORM 8B MEiI
COUNTY, MUNICIP
tTNRME--FIRST NM/E-MIDDIE NAME
liopoulos, Gary P.
uNCADDRESs
205 George Bush Boulevard
CITY
DI17E
Y7 ELECTNE ^ APPOINTIVE
WHO MUST FILE FORM 8B
This farm is for use by any person serving at the county, dry, or other local level of govemment on an appointed ar elected board, council,
commission, authority, or committee. Il applies equally to members of advisory and nonadvisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Flodda Statutes.
Yourresponsibilifies under the law when faced with yodrg on a measure in which you have a conflict of interest will vary greatlydepending
on whether you hold an elective orappointive posiflon. For this reason, please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person hdding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
ues to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
ire which inures to The special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
,.,,,rent 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 spedal private gain or loss of a business associate. Commissioners of wmmunity redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
cepadty.
For purposes of this law, a 'relative" includes only the officers father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-iMaw, son-in-law, and daughter-in-law. A "business associate' means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publiGy stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 OAYS 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 form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations tlescribed above, you otherwise may participate in these matters. However, you
must disclose the naWre of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
I you or at your direction.
YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL 8E
1 AKEN_
• You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side)
;ANDUM OF VOTING CONFLICT FOR
AND OTHER LOCAL PUBLIC OFFICERS
NAME OF BOARD. COUNCIL, COMMISSION. AUTHORITY, Oft COMMITTEE
Delray Beach City Commission
THE BOARD, COUNCIL, COMMISSION. AUTIIORffY OR COMMITTEE ON
WHICH 1 SERVE IS A UNIT OF:
('AUNTY
33444 Palm Beach N^~OF~n~
CE FORM BR-EFF. 1/2000 ITEM 9,A.A. PAGE1
APPOINTED OFFICERS (continued)
- A copy of the form must be provided immediately to fhe-other members of the agency.
The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose oralty the nature of your canfiid in the measure; before participating.
You must complete the fans and file it within 15 days after the vote occurs with Ills person responsible for recording theminutes of the
meetng, who must incorporate the form in the minutes. A copyof the forth must be provided immediately to the other members of the
agency, and the form must be read publicly at the ne# meetng after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I Gary P. Eliopoulos ,hereby disclose that on June 4 . 2007
(a) A measure came a will come before my agency which (check one)
inured to my special private gain or loss;
)~ inuredto`tliespedalgain'orlossofmybusinessassodate, K11A1 & ETiopoulos Architects, P.A.
_ inured to the special gain or loss of my relative, _ _ ____ _,
inured to the spedafgain or loss of _______ _______ __ , by
whom 1 am retained; w
inuredto thespecial gain or lossof - _ - _, which
is the parent organization or subsidiary of a prindpal which has. retained me.
The measure before my agency and the nature of my contliding interest in themeasure is as follows:
June 4, 2007
Date Filed ~'~' Sgnature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
^FMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
~ /IL PENALTY NOT TO EXCEED $10,000.
CE FORM 88 - EFF. 12000 PAGE 2
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
WAIVER REQUEST FOR LAST RESORT SALOON
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. These waiver requests have come before the City Commission on June 4,
2007.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the waiver requests by the Last Resort
Saloon. All of the evidence is a part of the record in this case. Required findings are
made in accordance with Subsection I.
I. WAIVERS:
LDR Section 2.4.7(B)(1(b)(i) provides that the City Commission may not consider a
waiver to matters which pertain to the use of land or structures, under this section.
LDR Section 4.3.3(V)(2)(a) requires a minimum separation of 750 feet from lot line to lot
line between stand alone bars. The Applicant has requested a waiver to this section to
allow for the relocation of the Last Resort Saloon.
Pursuant to LDR Section 2.4.7(6)(5), prior to granting a waiver, the approving body
shall make a finding that the granting of the waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of public facilities;
(c) Shall not create an unsafe situation; and,
(d) Does not result in the grant of a special privilege in that the same waiver would
be granted under similar circumstances on other property for another applicant or
owner.
Do the waivers requested meet all the requirements of 2.4.7(6)(5)?
Yes 4 No 0
3. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the application was submitted and finds that its
determinations set forth in this Order are consistent with the Comprehensive Plan.
1
l~em q.`I3
v' 13 j~)
SCA~~ED
4. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
5. Based on the entire record before it, the City Commission approves x
denies _ the waiver requests to LDR Sections 2.4.7(B)(1(b)(i) and 4.3.3(V)(2)(a).
6. -Based on the entire record before it, the City Commission hereby adopts
this Order this 4th day of June, 2007, by a vote of 4 in favor and 0 opposed.
I
ATTEST: (~ ~ ~\ Rita Ellis, Mayor
Chevelle Nubin, City Clerk
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
WAIVER REQUESTED BY HAMMOCK HOUSE
1. These waiver requests came before the City Commission on June 4,
2007.
2. The City staff, applicant, and other persons have presented documentary
evidence and testimony to the City Commission pertaining to the waiver request of
Hammock House. All of the evidence is part of the record in this case.
3. Waiver: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver,
the approving body shall make a finding that the granting of the waiver:
(a) shall. not adversely affect the neighboring area;
(b) shall not significantly diminish the provision of public facilities;
(c) shall not create an unsafe situation; and
(d) does not result in the grant of a special privilege in that the same
waiver would be granted under similar circumstances on other
property for another applicant or owner.
4. Reconstruction Necessitated by Acts of God: Per LDR Section 1.3.8 (B),
permits must be submitted within one (1) year of the date of which the "Act of God"
occurred and all reconstruction must be completed within three (3) years from the date
of the event. The Hammock House was damaged by Hurricane Wilma in October, 2005
and the applicant has just submitted for a permit.
Should the waiver be granted?
Yes 4 No 0
Subject to the conditions that applicant apply for a building permit within one
year of the date of the Board Order and complete construction within three years
of the Board Order.
/b~13'0\
SCANNED
l~exn q~ C t..~
5. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the original site plan was submitted.
6. 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 which supports the findings set forth in this Order.
7. Based on the entire record before it, the City Commission finds
consistency with the Comprehensive Plan and approves x denies the waiver
request subject to the conditions set forth in Paragraph no. 4, and hereby adopts this
Order this day of June, 2007,. by a vote in favor and 0 opposed.
A
Rita EII s, Mayor
ATTEST: M w{\\
~~.. _ ~ lOtt. \ V ~A l 1
Chevelle Nubin
City Clerk
2