11-02-99 NOVEMBER 2, 1999
A Regular Meeting of the City Commission of the City
of Delray Beach, Florida, was called to order by Mayor Jay
Alperin in the Commission Chambers at City Hall at 6:00 p.m. on
Tuesday, November 2, 1999.
1. Roll call showed:
Present - Commissioner Patricia Archer
Commissioner David Randolph
Commissioner David Schmidt
Commissioner Michael Wright
Mayor Jay Alperin
Absent - None
Also present were - City Manager David T. Harden and
City Attorney Susan A. Ruby
2. The opening prayer was delivered by the Reverend Nancy
Norman with Unity Church of Delray Beach.
3__. The Pledge of Allegiance to the flag of the United
States of America was given.
4__. Agenda Approval.
Mayor Alperin stated that Item 8.I., One-Time User
Agreement with Ticketmaster, was removed and replaced on the
agenda as Item 9.J., Licensed User Agreement with Ticketmaster.
Mr. Randolph moved to approve the agenda as amended,
seconded by Mr. Wright. Upon roll call the Commission voted as
follows: Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright -
Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion
passed with a 5 to 0 vote.
5__. Approval of Minutes:
Mr. Schmidt moved to approve the Minutes of the Regu-
lar Meeting of October 19, 1999, seconded by Mrs. Archer. Upon
roll call the Commission voted as follows: Mrs. Archer - Yes;
Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr.
Schmidt Yes. Said motion passed with a 5 to 0 vote.
6__. Proclamations:
6.A. OF NOTE:
6.A. National Bible Week - November 21 to 28, 1999.
Mayor Alperin presented a proclamation in recognition
of National Bible Week to be observed November 21 through 28,
1999, and noted that the proclamation would be forwarded to the
appropriate organization.
7. Presentations:
7.A. Introduction of Miyazu Student Deleqation.
Mayor Alperin introduced as special guests of the City
Commission the members of the Student Exchange Delegation from
our Sister City, Miyazu, Japan. He read a proclamation welcom-
ing the delegation to Delray Beach and encouraging the students
to continue their studies and desire to learn more about people
of different cultures in an effort to promote friendship and
mutual understanding.
At this point, Mayor Alperin presented individual
proclamations to the members of the delegation and their host
families as follows:
Mrs. Misae Goto (Teacher, Miyazu High School) Mr. & Mrs. David Schmidt
Mr. Nobuyuki Nishimura (Miyazu High School) Mrs. Peggy Murphy (Ben & Noah Gabarino)
Ms. Machiko Kitamura (Miyazu High School)
Mr. & Mrs. Bob Federspiel (Becky Federspiel)
Ms. Moeko Sakane (Miyazu High School)
Mr. & Mrs. Joseph Ferrer
(Alexandra and Darien Ferrer)
Ms. Akari Miyake (Miyazu High School)
Mr. & Mrs. Jan Hansen (Francesca Hansen)
Mr. Takashi Murase (Ocean High School)
Mr. & Mrs. David Minter (William Minter)
Ms. Mai Iwasa (Gyosei High School)
Mr. & Mrs. Leonard Butler (Elizabeth Butler)
7.B. Kathleen Weiqel, Principal, Atlantic High School.
Ms. Weigel introduced herself to the City Commission
as the new Principal at Atlantic High School. She expressed her
thanks and appreciation for all of the support she has received
from City staff since starting in her new position some three
months ago. Ms. Weigel especially recognized the Police Depart-
ment and the Parks and Recreation Department for all of their
efforts, and also acknowledged the City's assistance in obtain-
ing a sidewalk to access the new athletic facility across the
street from the high school.
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7.C. RESOLUTION NO. 70-99: A resolution recognizing and
commending Norma N. Smith for 30 years of dedicated service to
the City of Delray Beach.
The caption of Resolution No. 70-99 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING
AND COMMENDING NORMA N. SMITH FOR THIRTY
YEARS OF DEDICATED SERVICE TO THE CITY OF
DELRAY BEACH.
(The official copy of Resolution No. 70-99 is on file
in the City Clerk's office.)
Mayor Alperin read the resolution in recognition of
Norma Smith's thirty years of service to the City in its entire-
ty.
Mr. Randolph moved to approve Resolution No. 70-99,
seconded by Mr. Schmidt. Upon roll call the Commission voted as
follows: Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin -
Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes. Said motion passed
with a 5 to 0 vote.
Ms. Smith came forward to accept the resolution from
Mayor Alperin and expressed her thanks to the City Commission
for the recognition.
7.D. Distinquished Budqet Presentation Award for FY 1999
from the Government Finance Officers Association (GFOA).
Joe Safford, Finance Director, briefly explained the
review process and criteria that must be met in order to achieve
the Distinguished Budget Presentation Award. He especially
recognized the efforts of Regina Frazier, Budget Administrator,
Sherry Muehlberg, the primary assistant, and Mary Ann Young,
Accountant II, toward achieving this award.
8. CONSENT AGENDA: City Manager recommends approval.
8.A. WATER SERVICE AGREEMENT/WINTERPLACE PUD: Approve the
standard water service agreement for the Winterplace PUD, a
proposed 151 zero lot line residential development to be located
at the southeast corner of Military Trail and the L-30 Canal.
8.B. TEMPORARY BANK FACILITY AT ATLANTIC PLAZA: Approve a
temporary use permit for the placement of a modular building to
allow a temporary bank facility in Atlantic Plaza, located at
the northeast corner of N.E. 7th Avenue and Atlantic Avenue, for
a period not to exceed one year from the date of issuance of its
Certificate of Occupancy, based upon positive findings and
subject to conditions.
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8.C. TEMPORARY OFF-SITE SALES TRAILER FOR THE ESTUARY:
Approve a temporary use permit for the placement of a temporary
off-site sales trailer for The Estuary, to be located on proper-
ty immediately south of the development on the west side of Palm
Trail, for a period not to exceed six (6) months, based upon
positive findings and subject to conditions.
8.D. SERVICE AUTHORIZATION #i/KIMLEY-HORN & ASSOCIATES
(UPDATE STORMWATER MASTER PLAN): Approve Service Authorization
#1 in the amount of $58,591.00 with Kimley-Horn & Associates,
Inc. for professional services to update the City's existing
Stormwater Master Plan, with funding from 448-5461-538-65.10
(Stormwater Master Plan).
8.E. HOLD HARMLESS AGREEMENT/OLD SCHOOL SQUARE (FIRST NIGHT
2000): Approve a hold harmless agreement between the City and
Old School Square in which Old School Square will hold the City
harmless and indemnify the City for any claims or actions that
may arise out of any activity conducted by Old School Square in
relation to the First Night 2000 event.
8.F. COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENTS
WITH SIX SUBRECIPIENTS: Approve and authorize the execution of
funding agreements with six (6) subrecipients (Mad Dads, Alpha
Time Children's Center, Business & Economic Development & Revi-
talization (BEDR) Corporation, Boys and Girls Clubs of Palm
Beach County, Community Child Care Center, and Urban League of
Palm Beach County) under the Community Development Block Grant
(CDBG) program for FY 2000, with total funding in the amount of
$144,850 from various accounts within the CDBG fund.
8.G. INTERLOCAL AGREEMENT/MUNICIPAL PUBLIC SAFETY COMMUNICA-
TIONS CONSORTIUM: Approve an interlocal agreement to establish
the Municipal Public Safety Communications Consortium (MPSCC) to
facilitate the provision of countywide interoperable radio
service to the municipal public safety agencies of Palm Beach
County.
8.H. CONCESSION SALES LICENSE AGREEMENT/ALPINE FRUIT ICE,
INC.: Approve a Concession Sales License Agreement between the
City and Alpine Fruit Ice wherein the City would grant a license
to Alpine to sell concessions for three events to be held at the
Tennis Center on November 13, 1999, December 5, 1999 and Decem-
ber 31, 1999.
8.I. ONE-TIME USER AGREEMENT WITH TICKETMASTER: (THIS ITEM
WAS REMOVED AND REPLACED ON THE AGENDA AS ITEM 9.J.)
8.J. LICENSE AGREEMENT FOR ARCHBISHOP DESMOND TUTU EVENT.
8.K. AMENDMENT NO. 2 TO AGREEMENT WITH MATCHPOINT: Approve
Amendment No. 2 to the City's agreement with Matchpoint, Inc.
that will allow Matchpoint to operate a ticket box office locat-
ed at 30 N.W. 1st Avenue.
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8.L. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD ACTION: Ratify the action approved
by the South Central Regional Wastewater Treatment and Disposal
Board at the quarterly meeting of October 21, 1999.
8.M. RESOLUTION NO. 71-99 (RESOLUTION OF NECESSITY FOR
ROYAL PALM BOULEVARD SPECIAL ASSESSMENT DISTRICT): Approve a
resolution declaring the necessity for public improvements for a
portion of Royal Palm Boulevard, and directing the establishment
of a special assessment district to defray a part of the expense
for said improvements.
The caption of Resolution No. 71-99 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, DECLARING THE
NECESSITY FOR PUBLIC IMPROVEMENTS FOR THAT
SEGMENT OF ROYAL PALM BOULEVARD BEGINNING
ONE HUNDRED FIFTY FEET EAST OF FEDERAL
HIGHWAY AND CONTINUING TO ITS TERMINUS AT
THE YAKE PROPERTY AND DIRECTING THE ESTAB-
LISHMENT OF A SPECIAL ASSESSMENT DISTRICT TO
DEFRAY A PART OF THE EXPENSE FOR PUBLIC
IMPROVEMENTS TO THAT SEGMENT OF ROYAL PALM
BOULEVARD DESCRIBED HEREIN; PROVIDING FOR
THE ESTIMATED COST OF THE IMPROVEMENTS;
PROVIDING FOR THE PREPARATION OF THE ASSESS-
MENT ROLL.
(The official copy of Resolution No. 71-99 is on file
in the City Clerk's office.)
8.N. RESOLUTION NO. 69-99: Approve a resolution authoriz-
ing the City to enter into a Local Agency Agreement and a Joint
Participation Agreement with the Florida Department of Transpor-
tation (FDOT) to effectuate the West Atlantic Avenue improve-
ments to be conducted by the Community Redevelopment Agency.
The caption of Resolution No. 69-99 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING
THE EXECUTION OF A LOCAL AGENCY AGREEMENT
AND A JOINT PARTICIPATION AGREEMENT; PROVID-
ING AN EFFECTIVE DATE FOR THIS RESOLUTION.
(The official copy of Resolution No. 69-99 is on file
in the City Clerk's office.)
8.0. RESOLUTION NO. 67-99: Approve a resolution assessing
costs for abatement action required to remove nuisances on
twenty-five (25) properties throughout the City.
The caption of Resolution No. 67-99 is as follows:
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A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO
CHAPTER 100 OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, ASSESSING COSTS FOR
ABATING NUISANCES UPON CERTAIN LAND(S)
LOCATED WITHIN THE CITY OF DELRAY BEACH AND
PROVIDING THAT A NOTICE OF LIEN SHALL ACCOM-
PANY THE NOTICE OF ASSESSMENT; SETTING OUT
ACTUAL COSTS INCURRED BY THE CITY TO ACCOM-
PLISH SUCH ABATEMENT AND LEVYING THE COST OF
SUCH ABATEMENT OF NUISANCES; PROVIDING FOR
AN EFFECTIVE DATE AND FOR A DUE DATE AND
INTEREST ON ASSESSMENTS; PROVIDING FOR THE
RECORDING OF THIS RESOLUTION, AND DECLARING
SAID LEVY TO BE A LIEN UPON THE SUBJECT
PROPERTY FOR UNPAID ASSESSMENTS.
(The official copy of Resolution No. 67-99 is on file
in the City Clerk's office.)
8.P. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development
Boards for the period October 18th through October 29, 1999.
8.Q. AWARD OF BIDS AND CONTRACTS:
1. Contract award in the amount of $798,253.30 to
Man-Con, Inc. for the S.W. 8th Avenue and S.W.
4th Street Infrastructure Improvements project,
with funding in the amount of $195,000 from
442-5178-536-65.15 (Watermain - S.W. 7th Avenue);
$454,286.80 from 448-5461-538-63.95 (Stormwater
Utility - S.W. 8th Avenue); $126,335.00 from
442-5178-536-61.84 {Sewer Rehabilitation); and
$22,631.50 from 442-5178-536-61.78 {Water Distri-
bution Improvements).
2. Three (3) year lease from Minolta Business Sys-
tems, Inc. for an EP 5000 {Class 11) Pro Copier
for the Finance Department at an estimated total
cost of $10,860.00 via Florida State contract,
with funding from 001-1511-531-44.30 {Equipment
Rental/Lease).
3. Award to Mears Motor Leasing for a one year lease
in the estimated amount of $37,320.00 for six (6)
vehicles to be used by the Police Department Vice
Intelligence Division and Narcotics Division,
with funding from 001-2115-521-44.40 {Police
Investigative - Vehicle Rental/Lease).
Mr. Schmidt moved to approve the Consent Agenda as
amended, seconded by Mrs. Archer. Upon roll call the Commission
voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr.
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Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes. Said motion
passed with a 5 to 0 vote.
9. REGULAR AGENDA:
9.A. CONDITIONAL USE REQUEST/HOLIDAY INN SUITES HOTEL:
Consider a request for conditional use approval to establish an
80 room hotel (Holiday Inn Suites) in the PC (Planned Commer-
cial) District. The subject property is located on the south
side of S.E. 10th Street between S.E. 5th Avenue (southbound
Federal Highway) and S.E. 6th Avenue (northbound Federal High-
way), and contains 3.5 acres. QUASI-JUDICIAL PROCEEDING
The City Attorney stated this item will be conducted
as a quasi-judicial proceeding which allows for presentations by
all involved parties, the admission of documents into the record
and public testimony.
The City Clerk swore in those individuals who wished
to give testimony on this item.
Diane Dominguez, Director of Planning and Zoning,
entered the project file into the record and gave a brief over-
view of the development proposal which includes the construction
of a 15,120 sq.ft. Walgreens with drive-through and a 4-story,
40,000 sq.ft. 80 room Holiday Inn Suites hotel between the
Federal Highway pairs on the south side of S.E. 10th Street.
Ms. Dominguez noted the Walgreens component is a permitted use
and could be approved through the site plan process. However,
the hotel is a conditional use within the Planned Commercial
zoning district. Upon review by staff, positive findings were
made with respect to compatibility, concurrency and other re-
quired findings. The Planning and Zoning Board considered the
request at a public hearing on October 18, 1999. Several mem-
bers from the public, mainly from the Delray Harbor Club, spoke
against the development proposal citing concerns over the in-
crease in traffic and security concerns as to the type of clien-
tele that may stay at the hotel. The Planning and Zoning Board
voted 6 to 1 to recommend approval of the conditional use re-
quest, based upon positive findings with respect to Chapter 3
(Performance Standards) and Section 2.4.5(E) (5) of the Land
Development Regulations and policies of the Comprehensive Plan,
and subject to the following conditions:
(1) That five feet (5') of dedication be provided
along the north side of the property for S.E. 10th Street;
(2) That a revised traffic study be submitted address-
ing staff's concerns regarding the traffic distribution, and a
letter provided from the Palm Beach County Traffic Division
stating that the project meets traffic concurrency;
(3) That no boats or tractor-trailers be allowed to
park on the subject property;
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(4) That the applicant apply to FDOT for a traffic
light at the intersection of S.E. 10th Street and northbound
Federal Highway; and
(5) That there be no full service dining facilities.
Ms. Dominguez further noted that staff has since met
with the developers and they have addressed some of the traffic
issues. Originally, the project contained an access point off
of S.E. 10th Street which has since been eliminated.
Greg Stewart, Kilday & Associates, stated the appli-
cants worked closely with staff as well as trying to work with
the Delray Harbor Club Condominium Association in an effort to
resolve some of the issues that were raised. He pointed out
that the location of the entrance into the Walgreens was moved
from S.E. 10th Street onto S.E. 5th Avenue (southbound Federal
Highway) and also relocated the entrance into the hotel further
south on S.E. 6th Avenue (northbound Federal Highway) to allevi-
ate any intersection conflicts that could occur with the Delray
Harbor Club. Mr. Stewart stated that the only issue not able to
be worked out with Delray Harbor Club Condominium Association
was the issue of security. The Delray Harbor Club had requested
the applicant to contribute to their security by either paying
for a security guard's salary for about ten years or by paying
for the installation of security gates. The applicant respect-
fully declined these two requests.
At this point, Mayor Alperin opened the hearing for
public testimony. Speaking from the audience were the following:
Michael Gelfand, counsel for Delray Harbor Club Condo-
minium Association, Inc, requested that the application be
continued because of the manner in which information has not
been provided for the association or, failing a continuance,
that the application be denied. Mr. Gelfand called Ms. Pat
Kelly, a licensed community association manager, to give testimo-
ny on this item.
Under examination by Mr. Gelfand, Ms. Kelly stated
that she is licensed by the State of Florida as a property
manager and provided a summary of her credentials in this re-
gard. Based upon previous work experience, Ms. Kelly testified
as to the types of problems she felt hotel developments can
create when in close proximity to residential condominium devel-
opments. She stated she had personally observed increased
crime, drug-related activity, murder, and increased traffic by
undesirables which she felt was caused by the transient atmo-
sphere that is created by the hotel environment. Ms. Kelly
expressed concern that the hotel would attract undesirables who,
in turn, would be prone to endanger the security of the resi-
dents and/or their property at the Delray Harbor Club. In her
professional opinion, Ms. Kelly stated that the proposed hotel
development would have a significant detrimental effect on the
stability of the neighborhood in which it is proposed to be
located and would serve to hinder development or redevelopment
of properties in the neighborhood.
Sheldon Bodnick, resident and board member of the
Delra¥ Harbor Club, stated that the major concern of the condo-
minium association is security for the residents and property of
Delray Harbor Club. He felt the proposed hotel development
would seriously affect the association's security and cause
Delray Harbor Club to expend a significant amount of money in
order to secure the facilities, and probably devalue the proper-
ty as well. Mr. Bodnick further stated that information concern-
ing the hotel development was not forthcoming from either the
applicant or the City and there are many questions concerning
the hotel and its operation which remain unanswered.
There being no one else who, having been duly sworn,
wished to address the City Commission on this item, the public
hearing was closed.
Upon question from Mayor Alperin, Diane Dominguez,
Director of Planning and Zoning, stated that all required legal
notification and advertisements were timely made and published.
Upon question from Mrs. Archer as to the provision of
turning lanes into the property on either the southbound or
northbound approaches, Mr. Stewart responded that no new turn
lanes are being installed. Access to both the Walgreens and the
hotel relies on the existing lanes which will be restriped along
the Federal Highway corridors.
Upon question from Mr. Randolph concerning the recom-
mended condition of approval that no boats or tractor-trailers
be allowed to park on the subject property, Ms. Dominguez clari-
fied that this is more applicable to guests of the hotel in an
effort to discourage truckers from parking rigs overnight and
that they not have people bringing their parks because of the
proximity of Knowles Park.
A brief discussion ensued concerning the less than
adequate parking at Knowles Park for vehicles and boat trail-
ers. Ms. Dominguez commented that staff is aware of this prob-
lem and is working on alternatives to provide additional park-
ing. The City Manager commented that the City has a lease on
the F.I.N.D. property south of Delray Harbor Club to develop
that for an additional boat ramp and to provide more parking.
He expected this work would be done within the next five years.
Mr. Schmidt moved to approve the conditional use
request for the Holiday Inn Suites hotel, based upon positive
findings with respect to Chapter 3 (Performance Standards),
Section 2.4.5(E) (5) of the Land Development Regulations and the
policies of the Comprehensive Plan, and subject to the condi-
tions recommended by the Planning and Zoning Board. The motion
9 11/02/99
was seconded by Mrs. Archer. Upon roll call the Commission
voted as follows: Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs.
Archer - Yes; Mr. Wright - Yes; Mr. Randolph - No. Said motion
passed with a 4 to 1 vote.
9.B. CONDITIONAL USE REQUEST/JET SKI STATION: Consider a
request for conditional use approval to allow the indoor sale
and service of personal watercraft in the GC (General Commer-
cial) zoning district for Jet Ski Station. The subject property
is located at the southwest corner of SoE. 5th Avenue (south-
bound Federal Highway) and S.E. 7th Street. NOTE: A request
for a continuance to the November 16th regular meeting has been
received from the applicant. QUASI-JUDICIAL PROCEEDING
The City Attorney stated there has been a request from
the applicant to continue this item to the November 16, 1999
regular meeting.
Mr. Schmidt moved to continue the Conditional Use
Request for Jet Ski Station to the City Commission's regular
meeting of November 16, 1999. The motion was seconded by Mrs.
Archer. Upon roll call the Commission voted as follows: Mr.
Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph
- Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0
vote.
9.C. CONDITIONAL USE REQUEST/PALM BEACH EQUIPMENT RENTAL
AND SALES: Consider a request for conditional use approval to
establish the storage and rental of light construction equip-
ment, and a towing service with no outside storage, in the MIC
(Mixed Industrial and Commercial) District for Palm Beach Equip-
ment Rental and Sales. The subject property is located at the
northeast corner of West Atlantic Avenue and the E-4 Canal
(former Causeway Lumber site), and contains 1.5 acres.
QUASI-JUDICIAL PROCEEDING
The City Attorney stated this item will be conducted
as a quasi-judicial proceeding which allows for presentations by
all involved parties, the admission of documents into the record
and public testimony.
The City Clerk swore in those individuals who wished
to give testimony on this item.
Diane Dominguez, Director of Planning and Zoning,
entered the project file into the record. She stated that this
conditional use request involves the property that was the
former site of Causeway Lumber on Atlantic Avenue to allow the
storage and rental of light construction equipment and a towing
service with no outside storage. The construction equipment
will be stored outside, but it will be behind an existing wall
and will be at least 150 feet back from the property line adja-
cent to the arterial roadway (Atlantic Avenue) in accordance
with MIC zoning district regulations.
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With respect to the issue of the existing billboard on
the site, Ms. Dominguez explained that removal of billboards
along interstate or federal-aid highway systems requires the
payment of just compensation. Since Atlantic Avenue is a feder-
al-aid primary highway, the City would have to pay just compensa-
tion for the sign on the subject property. She stated that
staff will continue to work with the property owners in an
effort to have the billboard removed. However, it would be
inappropriate to condition the conditional use request on remov-
al of the billboard due to legal issues involved.
Ms. Dominguez continued that the Planning and Zoning
Board held a public hearing on the conditional use request on
October 18, 1999, and voted unanimously to recommend to the City
Commission approval of the conditional use request based upon
positive findings with respect to Chapter 3 (Performance Stan-
dards) and Section 2.4.5(E) (5) (Required Findings) of the Land
Development Regulations and policies of the Comprehensive Plan,
and subject to the following conditions:
(1) That a site plan modification be submitted which
addresses the Technical Items listed in the staff report;
(2) That all equipment be limited to a maximum height
of seven feet (7') and fixed in a closed/down position; and
(3) That company and towing vehicles be parked interi-
or to the wall when not in use.
Corlin Sk¥1er, President of Palm Beach Equipment
Rental and Sales (applicant), briefly commented on his company's
plans for the site.
There being no one else who, having been duly sworn,
wished to address the Commission, the public hearing was closed.
Mr. Wright moved to approve the conditional use re-
quest to establish a storage and rental of light construction
equipment facility (Palm Beach Equipment Rental and Sales) and a
towing service with no outside storage, based on the findings
and subject to the conditions recommended by the Planning and
Zoning Board. The motion was seconded by Mr. Randolph. Upon
roll call the Commission voted as follows: Mrs. Archer - Yes;
Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr.
Schmidt - Yes. Said motion passed with a 5 to 0 vote.
9.D. CONDITIONAL USE REQUEST/PROFILES IN CONCRETE: Consid-
er a request for conditional use approval to establish an orna-
mental cast concrete/stone manufacturing facility in the MIC
(Mixed Industrial and Commercial) District for Profiles in
Concrete. The subject property is located at the northeast
corner of Poinsettia Drive and Lime Lane, and contains 1.68
acres. QUASI-JUDICIAL PROCEEDING
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The City Attorney stated this item will be conducted
as a quasi-judicial proceeding which allows for presentations by
all involved parties, the admission of documents into the record
and public testimony.
The City Clerk swore in those individuals who wished
to give testimony on this item.
Diane Dominguez, Director of Planning and Zoning,
entered the project file into the record and gave a brief over-
view of the project which involves the construction of a new
building in the Wallace Drive redevelopment area for ornamental
cast concrete and stone manufacturing. Ail activity will be
conducted inside of the building except for a very small area of
outside storage. The Planning and Zoning Board held a public
hearing on the conditional use request on October 18, 1999, and
voted unanimously to recommend approval of the conditional use
request for Profiles in Concrete, based upon positive findings
with respect to Chapter 3 (Performance Standards) and Section
2.4.5(E) (5) of the Land Development Regulations and policies of
the Comprehensive Plan, and subject to the following conditions
of approval:
(1) That the site plan be in general conformity to
the sketch plan and incorporate recommendations made in the
staff report; and
(2) That a solid hedge (4 ft. high at time of plant-
ing) be installed to surround the proposed storage area.
There being no one else who, having been duly sworn,
wished to address the City Commission, the public hearing was
closed.
Mrs. Archer moved to approve the conditional use
request to establish an ornamental cast concrete/stone manufac-
turing facility for Profiles in Concrete, based upon the find-
ings and subject to the conditions recommended by the Planning
and Zoning Board. The motion was seconded by Mr. Randolph.
Upon roll call the Commission voted as follows: Mr. Wright
Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes;
Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote.
9.E. CONDITIONAL USE REQUEST/DAY SPA IN AN EXISTING OFFICE
COMPLEX: Consider a request for conditional use approval to
establish a day spa within an existing office complex at 909
Palm Trail. The subject property is located approximately 170
feet north of George Bush Boulevard between Palm Trail and N.E.
9th Avenue. QUASI-JUDICIAL PROCEEDING
The City Attorney stated this item will be conducted
as a quasi-judicial proceeding which allows for presentations by
all involved parties, the admission of documents into the record
and public testimony.
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The City Clerk swore in those individuals who wished
to give testimony on this item.
Diane Dominguez, Director of Planning and Zoning,
entered the project file into the record and gave a brief de-
scription of the proposal. The intent is to convert the first
floor of the two-story office building at 909 Palm Trail from
offices to a day spa which basically involves facials, mani-
cures, pedicures, massage, hydrotherapy and reflexology. The
second floor of the building will remain medical offices. The
Planning and Zoning considered the conditional use request at a
public hearing on October 18, 1999. One person spoke on the
item and voiced concerns over traffic and the proposed use.
After discussion, the Planning and Zoning Board voted unanimous-
ly to recommend approval of the conditional use request, based
upon positive findings with respect to Chapter 3 (Performance
Standards) and Section 2.4.5(E) (5) of the Land Development
Regulations and policies of the Comprehensive Plan, and subject
to the following conditions:
(1) That a Class I site plan modification be pro-
cessed which addresses the landscape deficiencies as identified
in the memorandum from Robert A. Kussner, Landscape Inspector,
to the Planning and Zoning Department regarding 909 Palm Trail
and dated September 2, 1999, and installed prior to issuance of
an occupational license for the use; and
(2) That all employees performing services be li-
censed and certified.
Nicole Valentino, applicant, introduced herself and
stated she was available to answer any questions the Commission
might have concerning the conditional use request.
There being no one else who, having been duly sworn,
wished to address the City Commission, the public hearing was
closed.
Mrs. Archer moved to approve the conditional use
request to establish a day spa at 909 Palm Trail, based upon the
findings and subject to the conditions recommended by the Plan-
ning and Zoning Board. The motion was seconded by Mr. Wright.
Upon roll call the Commission voted as follows: Mr. Randolph -
Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes;
Mr. Wright - Yes. Said motion passed with a 5 to 0 vote.
9.F. AGREEMENT WITH CHRIS EVERT CHARITIES, INC.: Consider
approval of a license agreement that would allow Chris Evert
Charities, Inc. to use the Tennis Center for a two-day Pro-Celeb-
rity Tennis Classic to be held on December 11 and 12, 1999.
The City Manager stated that the agreement is very
similar to last year's agreement. The City will make a contribu-
-13- 11/02/99
tion in the amount of $25,000 to Chris Evert Charities and they,
in turn, will contribute $20,000 to the Drug Abuse Foundation.
Mr. Schmidt moved to approve the License Agreement
with Chris Evert Charities, Inc., seconded by Mrs. Archer. Upon
roll call the Commission voted as follows: Mayor Alperin - Yes;
Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes; Mr.
Randolph - Yes. Said motion passed with a 5 to 0 vote.
9.G. RESOLUTION NO. 72-99: Consider approval of a resolu-
tion supporting continued State funding of the Eastward Ho!
Initiative.
The caption of Resolution No. 72-99 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, SUPPORTING
CONTINUED FUNDING OF THE EASTWARD HO! INITIA-
TIVE.
(The official copy of Resolution No. 72-99 is on file
in the City Clerk's office.)
Diane Dominguez, Director of Planning and Zoning,
explained that the new Secretary of the Department of Community
Affairs has stated that the department will no longer fund the
Eastward Ho! Initiative. Resolution No. 72-99 expresses the
City's support for continued funding and urging the Governor to
appropriate dedicated funding on a recurring basis for this
initiative as a line item in the Department of Community Affairs
base budget.
Mr. Schmidt moved to approve Resolution No. 72-99,
seconded by Mr. Randolph. Upon roll call the Commission voted
as follows: Mr. Schmidt Yes; Mrs. Archer - Yes; Mr. Wright -
Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion
passed with a 5 to 0 vote.
9.~. RESOLUTION NO. 68-99: Consider approval of a resolu-
tion authorizing the acquisition of certain property located at
114 N.W. 2nd Avenue, and accepting the contract stating the
terms and conditions for the sale and purchase between the
Seller and the City.
The caption of Resolution No. 68-99 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING
THE CITY TO PURCHASE FROM SELLER CERTAIN
REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA,
AS DESCRIBED HEREIN, HEREBY INCORPORATING
AND ACCEPTING THE CONTRACT STATING THE TERMS
AND CONDITIONS FOR THE SALE AND PURCHASE
-14- 11/02/99
BETWEEN THE SELLER AND THE CITY OF DELRAY
BEACH, FLORIDA.
(The official copy of Resolution No. 68-99 is on file
mn the City Clerk's office.)
The City Manager stated that the subject property is
the lot immediately north of the Washington property that the
City recently purchased. Acquiring this property will enable
the City to expand the tennis center by building the two new
courts north of the existing retention area. This will save the
City about $80,000 in construction costs and $4,000 to $5,000 in
engineering fees. It will also mean that the City will not have
to get a South Florida Water Management District permit for the
project since the existing retention area will not be relocated,
and it should significantly shorten the construction time for
the entire project.
Mr. Randolph moved to approve Resolution No. 68-99,
seconded by Mrs. Archer. Upon roll call the Commission voted as
follows: Mrs. Archer Yes; Mr. Wright - Yes; Mr. Randolph -
Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed
with a 5 to 0 vote.
9.I. APPOINTMENT TO THE EDUCATION BOARD (STUDENT MEMBER):
Appoint a student member to the Education Board for a one year
term ending July 31, 2000. The appointment will be made by
Commissioner Randolph (Seat #4).
Mr. Randolph moved to appoint Bradley C. Francis to
the Education Board as a student member for a one year term
ending July 31, 2000. The motion was seconded by Mr. Schmidt.
Upon roll call the Commission voted as follows: Mr. Wright -
Yes; Mr. Randolph Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes;
Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote.
9.J. LICENSED USER AGREEMENT WITH TICKETMASTER: Consider
approval of a Licensed User Agreement which would allow the City
to use the services of Ticketmaster-Florida, Inc. to facilitate
ticket sales for events held at the Tennis Center for a period
of three years.
The City Attorney noted that the proposed agreement is
for a period of three years as opposed to the one-time user
agreement that was initially contemplated.
Brahm Dubin, Tennis Center Manager, stated the agree-
ment with Ticketmaster is a very important marketing tool for
the tennis center. He further noted that the agreement gives
Ticketmaster the exclusive right to sell tickets for events held
at the tennis center except for civic, charity or City-sponsored
events where, upon mutual agreement, the City may distribute
tickets for such events. Most costs are passed on to the custom-
er. The City's costs will not exceed $5,000 in a year, which
-15- 11/02/99
will be recouped with charging a facility fee which will be
split with Matchpoint on a 60%/40% basis in the City's favor.
The box office will sell tickets only for on-site events.
On question from Mrs. Archer, Mr. Dubin stated that
tickets for on-site tennis center events will be available at
other Ticketmaster locations in addition to the box office at 30
N.W. 1st Avenue.
Mrs. Archer moved to approve the Licensed User Agree-
ment with Ticketmaster, seconded by Mr. Schmidt. Upon roll call
the Commission voted as follows: Mr. Randolph - Yes; Mayor
Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright
- Yes. Said motion passed with a 5 to 0 vote.
At this point, the time being 6:56 p.m., the City
Commission moved to Item 12, First Readings.
12. FIRST READINGS:
12.A. ORDINANCE NO. 43-99 (REZONING FOR BORTON MOTORS): An
ordinance rezoning a parcel of land (Lots 37 & 38, Delray Beach
Estates) from GC (General Commercial) District to AC (Automotive
Commercial) District. The subject property is located on the
east side of North Federal Highway, immediately north of the
Borton Volvo/Volkswagen dealerships. If passed, a quasi-judi-
cial public hearing will be scheduled for November 16, 1999.
The City Manager presented Ordinance No. 43-99:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, REZONING AND
PLACING LAND PRESENTLY ZONED GC (GENERAL
COMMERCIAL) DISTRICT IN THE AC (AUTOMOTIVE
COMMERCIAL) DISTRICT; SAID LAND BEING LOTS
37 AND 38, DELRAY BEACH ESTATES, LOCATED ON
THE EAST SIDE OF NORTH FEDERAL HIGHWAY
IMMEDIATELY NORTH OF THE BORTON VOLVO/
VOLKSWAGEN DEALERSHIPS, AS MORE PARTICULARLY
DESCRIBED HEREIN; AMENDING "ZONING MAP OF
DELRAY BEACH, FLORIDA, 1994"; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 43-99 is on file
in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
Mr. Schmidt moved to approve Ordinance No. 43-99 on
FIRST Reading, seconded by Mr. Randolph. Upon roll call the
Commission voted as follows: Mayor Alperin - Yes; Mr. Schmidt -
Yes; Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes.
Said motion passed with a 5 to 0 vote.
-16- 11/02/99
12.B. ORDINANCE NO. 46-99 (DESIGNATING FELLOWSHIP HALL AT
FIRST PRESBYTERIAN CHURCH AS LOCAL HISTORIC SITE): An ordinance
designating the Fellowship Hall of the First Presbyterian Church
of Delray Beach (Lots 16, 17, 18 & 19, Block 3, Ocean Park
Subdivision) as a local historic site and adding it to the Local
Register of Historic Places. If passed, a public hearing will
be scheduled for November 16, 1999.
The City Manager presented Ordinance No. 46-99:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, DESIGNATING
THE FELLOWSHIP HALL OF THE FIRST PRESBYTERI-
AN CHURCH OF DELRAY BEACH LOCATED AT 36
BRONSON STREET, AS MORE PARTICULARLY DE-
SCRIBED HEREIN, AS A LOCAL HISTORIC SITE TO
BE LISTED IN THE LOCAL REGISTER OF HISTORIC
PLACES; PROVIDING FOR THE AMENDMENT OF THE
"ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"
TO SHOW THE HISTORIC DESIGNATION IN AN
OVERLAY MANNER; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 46-99 is on file
in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
Mrs. Archer moved to approve Ordinance No. 46-99 on
FIRST Reading, seconded by Mr. Schmidt. Upon roll call the
Commission voted as follows: Mr. Schmidt - Yes; Mrs. Archer -
Yes; Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin Yes.
Said motion passed with a 5 to 0 vote.
At this point, the time being 7:00 p.m., the City
Commission moved to the duly advertised Public Hearings portion
of the agenda.
10. PUBLIC HEARINGS:
10.A. BLOCK 77 PUBLIC HEARING.
Prior to opening the public hearing, Mayor Alperin
requested everyone's cooperation in treating each speaker~with
the same respect they themselves would like to receive. ~ur-
ther, because there has been so much information circulating
that is possibly inaccurate or misleading, Mayor A1perin felt it
would be a good idea to have several people speak first to give
everyone all of the facts concerning what is being considered
this evening. To that end, he had asked the City Attorney to
explain this evening's issues and for the City Manager to ex-
plain the process. He had also asked the former Chairman of the
Community Redevelopment Agency and the former Mayor, Tom Lynch,
-17- 11/02/99
to speak in an effort to provide a little historical perspective
on how we got to where we are today, as well as the current
Chairman of the CRA to explain the procedure used for the Re-
quest For Proposal (RFP).
The City Attorney stated there are three contracts
before the City Commission for consideration this evening. One
is a contract for the sale and purchase of certain properties
that is really between the CRA and Block 77, with the City as a
third party beneficiary. This contract, in essence, provides
that certain lands belonging to the City will be used by Block
77 in exchange for lands that we are going to acquire in fee
simple on Block 69 for a parking facility. The second contract
is an interlocal agreement between the City and the CRA that
calls for the retransfer of property back to the City if repur-
chase rights should be activated under the contract for sale and
purchase. The third contract is a parking agreement that sets
out the terms of the building of the public parking facility.
The City Attorney noted there have been some changes
to the agreements, outlined as follows: In the addendum to the
contract for sale and purchase agreement, paragraph (E) has been
changed at the request of the developer to read, "Buyer shall
construct and develop 219 apartment units" instead of "Buyer
shall construct and develop not more than 219 apartment units"
The other change is to paragraph (N) of the addendum to the
contract for sale and purchase agreement. Where before it said
that the buyer acknowledges that the execution and delivery of
the contract by Buyer and Seller does not vest or create in
Buyer an entitlement to the receipt of the 219 apartment units
or the 18,000 sq.ft, of commercial and/or retail space, and that
the granting of the qualifications and conditions are subject to
the Buyer complying with all of the applicable requirements and
provisions of the City's Code of Ordinances, paragraph (N) now
says that Buyer acknowledges that the granting of the qualifica-
tions and conditions are subject to the Buyer complying with all
the applicable requirements and provisions of the City's Code of
Ordinances.
The City Attorney further stated that it is very
typical to enter into a contract first before permission is
given to seek rezonings and what not of your land. This is not
an unusual occurrence, so the process of dealing with the con-
tracts first is certainly appropriate.
The City Manager then stated that if the contracts are
approved by the City Commission this evening, the process that
happens from here on out is the developer has filed an applica-
tion for conditional use approval to increase the height of the
building above 48 feet and to increase the density beyond 30
units per acre. The project has to meet certain performance
standards for the increased density as well as standard findings
for conditional use approval that the use will not have a signif-
icantly detrimental effect upon the stability of the neighbor-
1 /02/99
hood and that it will not hinder development or redevelopment of
nearby properties. In addition to the conditional use approval,
there will be an application for abandonment of alleys within
Block 77 and there will be an amendment to the Land Development
Regulations amending the Old School Square Historic Arts Dis-
trict (OSSHAD) to add Lots 19 through 24 in Block 69 to the list
of properties in the OSSHAD district that can be developed using
the Central Business District development standards regarding
permitted uses, setbacks and height. The schedule for these
further considerations begins with November 3rd when there will
be a Historic Preservation Board meeting where that board will
consider the proposed amendments to the Land Development Regula-
tions as they affect Block 69. On November 15, 1999, there will
be a Planning and Zoning Board meeting and a public hearing for
the LDR amendment relating to Block 69 and the two conditional
use requests for the increase in height and the increase in
density. First reading and the first public hearing on the LDR
amendment would be scheduled for the City Commission's meeting
of November 16, 1999. Finally, the public hearing on the condi-
tional uses and the second reading of the LDR amendment would be
held at the City Commission meeting on December 7, 1999.
The City Manager continued that the petition for
abandonment of the alleys would probably be scheduled for the
Planning and Zoning Board meeting of December 20, 1999, depend-
ing upon the outcome of the other matters that have to be consid-
ered by the City Commission. If the requests outlined above are
approved, then site plans would have to be processed for both
the Block 77 development, which has to be reviewed and approved
by the Site Plan Review and Appearance Board, and the Block 69
parking garage which must be reviewed and approved by the Histor-
ic Preservation Board. Site plan applications have not been
submitted yet as it would be premature in the process.
The City Manager then provided some additional informa-
tion on the Transportation Concurrency Exception Area (TCEA) and
the ordinance allowing densities in the Central Business Dis-
trict in excess of 30 units per acre. The TCEA was adopted in
December of 1995. Essentially, it exempts development that is
located within its borders from having to comply with the concur-
rency requirements of the Palm Beach County Traffic Performance
Standards ordinance. This means that if a proposed development
would generate enough trips to make an affected roadway exceed
its level of service capacity, the project could still be ap-
proved. The project would not necessarily be required to widen
the roadway or make other improvements to increase road capacity
as a condition of approval. However, the City Manager also
pointed out that in reviewing the traffic impacts of development
proposals, concurrency is only one of many factors that are
considered. The Planning and Engineering staffs also look at
traffic circulation patterns, points of access, the need for
turn lanes into the site, and so forth. Improvements or changes
can be recommended as a condition of approval or a project can
be denied based in part on traffic concerns.
-19- 11/02/99
With respect to the ordinance allowing densities in
excess of 30 units per acre in the Central Business District,
the City Manager stated it was adopted in February of 1998. It
was approved, based upon a unanimous recommendation of approval
by the Planning and Zoning Board, by unanimous vote of the City
Commission. There was a clearly stated desire to remove exist-
ing impediments to residential development in the downtown and
an acknowledgment that the size and scale of a structure is more
relevant than the actual number of units. There are numerous
performance standards that must be met to approve the greater
density. These are intended to result in a well designed,
attractive building that provides numerous amenities for the
resident, an upgraded streetscape, and opportunities to share
parking with adjoining properties or with the public.
At this point, former Chairman of the Community Rede-
velopment Agency and former Mayor Tom Lynch presented an histori-
cal perspective of where the City was with respect to the down-
town in 1984 when the Atlantic Avenue Task Force was first
formed to the present time. He commented that the main chal-
lenge from the very beginning was not only how to get businesses
to come to a downtown that was 50% unoccupied but also to bring
people downtown to support the businesses and encourage people
to live downtown. He emphasized that as the changes occurred
over the years, it wasn't just chance that brought the City to
where it is today. It was making choices that were sometimes
tough to make, but which were made keeping in mind what was
right for Delray Beach. On question from Mayor Alperin, Mr.
Lynch expressed his opinion that any type of change in a town is
always difficult so you have to look at the long term. He felt
one of the things that made Delray successful was the ability to
compromise and arrive at the best project possible. He felt
there had been compromise on the part of the Block 77 developer
and the City has to have people living in the downtown if it
going to be sustained. He would vote in favor of the project.
At this point, John Weaver, Chairman of the Community
Redevelopment Agency, spoke briefly concerning the CRA's pur-
pose, goals and objectives, and accomplishments. With respect
to the Block 77 RFP (Request for Proposal), Mr. Weaver explained
the process, the response, review and input from the City Commis-
sion, and the selection of the Worthing Place project because it
met all of the goals and objectives of the RFP and beyond,
especially in terms of enhanced parking. Mr. Weaver then intro-
duced Mr. Marc deBaptiste, CRA Board member, to speak about the
importance of housing in the downtown.
Mr. deBaptiste addressed the Commission with respect
to the real estate trend toward upscale, rental units in down-
town areas which have become an important part of rejuvenation
and redevelopment efforts. He commented that the recent revital-
ization of downtown Delray Beach could come to a screeching halt
if the City does not continue to grow. The growth must come
from downtown housing for permanent residents who are the consum-
-20- 11/02/99
ers that will sustain the City's growth. The economic analysis
that was performed for the Block 77 project pointed out that
there will be approximately $10,000 per resident spent in the
downtown area per annum. That means approximately $2,200,000 of
revenue each year spent in the downtown. Mr. deBaptiste conclud-
ed by stating that the Block 77 residents will be a part of the
community who will help transform the downtown into a viable,
sustainable year-round area with permanent residents.
At this point, Michael Weiner, representing the Block
77 Development Group, spoke briefly concerning the action re-
quested of the City Commission this evening. Approval of the
contracts will allow the process to continue and it is recog-
nized that much more needs to be done. Mr. Weiner asked that
everyone keep an open mind as we move through the process,
noting that the applicant has shown flexibility with the
project, having already made changes along the way. He then
introduced Mr. William Morris with the Block 77 Development
Group.
Mr. William Morris, Block 77 Development Group, pre-
sented an overview of the mixed use development proposal which
is being considered in connection with the contracts.
At this point, Mayor Alperin declared the public
hearing open. Speaking from the audience were the following:
Jeanette (Jay) Slavin, 2601 N.W. 10th Street (Rainber-
ry Bay), who spoke in opposition to the Block 77 project. She
read an editorial she said was published today in The Palm Beach
Post which she felt expressed the feelings of a majority of
residents in Delray Beach. The editorial expressed the opinion
that the project is still too big for downtown and that further
compromise is needed.
Irwin Rockoff, 743 N.W. 23rd Lane, stated he was
opposed to the Block 77 project and any other projects that
propose high density housing in the City's downtown area. He
felt it would create an atmosphere of congestion that is not
conducive to leisurely shopping, dining and sightseeing down-
town, and that the parking garage could easily become a boondog-
gle by creating a new cost and service center, driving our taxes
higher.
Joe Gillie, Director of Old School Square Cultural
Arts Center at 51 North Swinton Avenue, read a resolution in
support of the Block 77 project from the Board of Directors of
OSS
Gary Rubin, President of GRIP Development, 110 East
Atlantic Avenue, spoke in support of the proposed Worthing Place
development by Block 77 Development Group. He urged the Commis-
sion's unqualified support for the project which he felt gives
-21- 11/02/99
far more to the City than is asked for and is in response to the
City's requirements, desires and ideals.
Janet Onnen, 946 Seasaqe Drive and Principal with
Ocean City Lumber Company, spoke in support of the Block 77
project and its importance in expanding the success of Atlantic
Avenue to the north and south. Renters by choice are very
important to the downtown not only from the standpoint of spend-
ing but the year-round living aspect. She felt the Block 77
project would go a long way toward helping to build the base the
downtown area needs in order to survive on a long term, year-
round basis. Ms. Onnen urged the Commission to look to the
future and allow the process to continue for the Block 77
project.
Fred Ebner, 710 Bond Way, spoke in opposition to the
project as presented as he felt it was too intense. Mr. Ebner
concurred that downtown housing is needed, but not the high rise
and high density that is proposed for Block 77.
Chris Stray, 105 George Bush Boulevard, spoke in
support of the Block 77 project as it will attract year-round
residents to the downtown. Delray Beach needs to have people
living and working downtown, spending their dollars and contrib-
uting to the community.
Chuck Loomis, Director of the Historic Green Market
and Executive with Office Depot and resident at 325 S.W. 29th
Avenue, spoke in support of the Block 77 project as it would
present a great opportunity for the businesses in Delray and
would also provide upscale housing opportunities for business
people coming to Delray Beach.
Rosetta Rolle, 301 N.W. 3rd Avenue, spoke in opposi-
tion to the Block 77 project as she is opposed to the high
density and high rise aspect. Mrs. Rolle felt it is not in
keeping with the character of Delray Beach and is not what is
needed.
Linda Allen, 605 Wiqqin Road, spoke in support of the
project. She felt all should be proud of the way Delray Beach
has turned around, but right now it is only Atlantic Avenue that
has benefited. Businesses in the Pineapple Grove section need
help, too, with a broader base of clientele. Ms. Allen felt the
project would neither make nor break the City, but that it would
be a good first step in the right direction and urged the Commis-
sion to vote for it.
Butch Johnson, 1101 Seaspray Avenue, expressed the
opinion that the need for residential housing in the downtown is
essential, and that the Block 77 developers have the ability to
deliver housing within the format of what the City and CRA asked
for. He supports the project and urged the City Commission to
allow it to move forward.
-22- 11/02/99
Sandy Simon, 555 S.E. 6th Avenue, stated that he felt
the Block 77 project is very much within the City's goal of
trying to bring housing to the downtown and also bring young
people to Delray Beach. As a developer, he felt the project was
on the right track, but he had never seen a project that could
not be modified somewhat. Mr. Simon gave a history of the
density allowances in the City over the years and, for the
record, submitted a paper expressing further thoughts and poten-
tial concerns with respect to the Block 77 project (a copy of
which is attached hereto and made a part of these minutes).
Frank McKinne¥, Chairman of the Board of the Greater
Delra¥ Beach Chamber of Commerce at 64 S.E. 5th Avenue, ex-
plained that the Chamber set up a presentation by the Block 77
Development Group to the Chamber's Council of 100 which, in
turn, unanimously endorsed the project. The Executive Board
then studied the issues and further debated the proposed merits
of the project. The Executive Board unanimously endorsed the
project, yet decided it was appropriate to send it to the Local
Government Affairs committee for a presentation to that 20-mem-
ber board. The committee listened, questioned, and also unani-
mously decided to endorse the project, with one abstention. The
project was then sent to the Chamber's Board of Directors at
their last meeting and the Board unanimously endorsed the
project, also with one abstention. Over 1,000 of the Chamber's
members support the project because the project's residents and
their guests will patronize area businesses and cultural attrac-
tions on a year-round basis. The West Atlantic Avenue, Seacrest
and Del-Ida Park redevelopment efforts could receive up to
$200,000 in tax increment financing (TIF) money, a portion of
the downtown parking problems will be eased with the developer's
contribution of the much needed parking spaces, and if approved,
the project will fulfill an objective the Chamber has had for
years, that being adding housing to the downtown area.
Bill Wood, President of the Greater Delra¥ Beach
Chamber of Commerce, and resident at 3777 N.W. 8th Street, read
a letter written by Martin Van Buren, Governor of New York, to
President Andrew Jackson, dated January 31, 1829, which dis-
cussed the perceived threat of an emerging railroad system to
the country's canal system and the rationale for same. Mr. Wood
used the letter to illustrate how things change and how people
adapt, while at the same time acknowledging that change is
scary. Mr. Wood commented that everyone is so concerned about
preserving the 'Village by the Sea', no one seems to have no-
ticed that almost 90% of the retail businesses on Atlantic
Avenue today were not here 8 years ago. Delray Beach today is
very different from the Delray Beach of ten years ago. The
point Mr. Wood wished to make is that change is inevitable and
happens, whether we plan for it, direct it, plea for it or
against it, or ignore it. The Chamber believes we have a
choice. We can be like Governor Van Buren and shout about
things that might be, or we can acknowledge that change such as
the Block 77 project is inevitable and plan for it accordingly.
-23- 11/02/99
Mr. Wood encouraged the Commission to approve the contracts
presented this evening to allow the Worthing Place project to
move forward.
Dr. Franklin Boyar, 1015 Seasage Drive, discussed his
feeling that in order for Delray Beach to maintain it's 'Village
by the Sea' atmosphere, it has to have a vibrant downtown. He
felt that the proposed Block 77 project would be asset to the
City and a major step toward implementing the plan that both the
City and the CRA have worked so long to bring to fruition.
Bill Schwartz, 3963 Live Oak Boulevard, pointed out
that one of the great benefits the Block 77 project would give
is an enhancement to the tax base, and ultimately the residents
of Delray Beach will benefit from that increased tax base. The
side issue is that all of the office buildings, retail shops and
what have you in the downtown area, by virtue of this project,
will enhance the real estate values of those properties. They
will in turn pay more ad valorem taxes which will keep the
residential taxes in their proper proportion.
Bruce Gimmy, 439 East Atlantic Avenue, spoke as a
businessperson and property owner in the downtown. He is tired
of treading water six to eight months out of the year and shares
the view of many other merchants that while things may be going
well now, how is it going to be sustained? He urged the Commis-
sion to support the Block 77 project and help to keep the momen-
tum going.
Larry Rosensweiq, 1003 Seaqate Drive, spoke in support
of the Block 77 project. He noted that many of the people
involved with the project have the same concerns as everybody
else; that is to continue the growth of the City and to do
something that is in keeping with the character of Delray
Beach. Mr. Rosensweig urged the Commission to consider the
project positively.
Ann Koplas, 1115 North Swinton Avenue, expressed her
opposition to the Block 77 project. She acknowledged that
everyone wants to see residential development downtown and she
understands the benefits that come with it. However, the pro-
posed project is too big, drastic, entirely too dense and much
too atypical of Delray Beach. In view of all of the controversy
that has taken place over the past few weeks, Ms. Koplas felt
the only thing to do is to stop for a moment and take account of
the very best that both sides have to offer and arrive at mutual
agreements. She felt that together a project could be worked
out that everyone could happily live with. She urged the City
Commission to listen to the residents and not approve anything
tonight that is unflexible or unyielding. In conclusion, Ms.
Koplas asked that the developers provide a scaled, three-dimen-
sional model that will show the project in its entirety, profile
and the impact that it will have on the appearance of Delray
Beach.
Anne Brenner, 666 Lakewood Circle East, expressed her
opinion that the Block 77 project is too important an issue to
the entire City to be decided by just a few. She suggested that
it be put to the voters at a referendum to find out if the
residents want it or not.
Jim Knight, 740 Havana Drive, Boca Raton (representing
the DeSantis group which has made some sizeable investments in
downtown Delray Beach), spoke in support of the Block 77 project
as it will bring a positive residential project to the community
that will help to establish a year-round client base for many of
the tenants in the downtown commercial areas which is what is
needed in order to ensure the tenants will stay.
Jon Levinson, 943 Evergeen Drive (Tropic Isle), spoke
in support of the Block 77 project as he felt is is important to
have residential development in the downtown. He felt it would
be a terrific project with outstanding amenities for the communi-
ty and encouraged the Commission to support it.
Steve Miskew, 819 N.E. 1st Court, felt it was impor-
tant for everyone to understand that the focus at tonight's
meeting is simply to continue the process and to allow the Block
77 Development Group to continue with their efforts. He felt
the Block 77 Group has made a significant commitment in time,
money and sacrifice to try to mold the project into something
that does not violate the great character of Delray Beach, but
continues to enhance the economic potential of the City.
Jack Simons, 234 N.E. 1st Avenue, commended the Commis-
sion for their efforts to sustain the momentum that has finally
been realized in downtown Delray Beach. He urged support for
the Block 77 project as it is only when a client base has been
established that the retail and services necessary to round out
the downtown's redevelopment will come in. The only logical
answer seems to be increased population density within walking
distance of downtown. He was very impressed with the conces-
sions and the requirements that have been extracted from the
developer. While he did not think this project would be the end
to all of the problems in the downtown, he felt it would be a
very appropriate next step for the Commission to take.
Tom Fleming, 215 N.E. 1st Avenue, spoke in support of
the project as he felt it is a classic component and a vital
compliment to the downtown revitalization effort. Further, it
fits within the framework of the vision established by this
community through Visions 2000 and Visions 2005. Mr. Fleming
urged the Commission to support Block 77.
Bill Branning, 9 N.E. 2nd Street, who spoke first as
Chairman of Pineapple Grove Main Street which recognizes the
importance of having a residential component in the downtown and
the importance of a populated downtown. Accordingly, Pineapple
Grove Main Street's Board voted to support the project. Speak-
-25- 11/02/99
ing on his own behalf as a citizen and property owner in Delray
Beach, Mr. Branning felt there were a number of good reasons to
support a project like Block 77. However, he also felt that a
project of this mass and scale would change the character of the
downtown and he was not sure there was a consensus among the
people that that would be the best thing. Mr. Branning suggest-
ed that perhaps it is time for another visioning process to see
what the desired outcome would be. He then asked what relation-
ship would an approval tonight have on the Planning and Zoning
Board's consideration of the conditional use application and the
Site Plan Review and Appearance Board's consideration of the
site plan and building elevations for the project if the con-
tracts were to be approved tonight.
Mark Denkler, 320 N.W. 9th Street, and owner of Vince
Canninq Shoes at 335 East Atlantic Avenue, spoke as a representa-
tive of the Board of the Downtown Merchants Business Associa-
tion. After hearing from both sides of this issue, reviewing
the proposal and polling of all the downtown merchants and
businesses, the Board of Directors met last week and voted unani-
mously to support the project as it is currently proposed. Mr.
Denkler urged the City Commission to do the same.
Jean Beer, 2145 S.W. 26th Terrace (33445), spoke first
as President of Progressive Residents of Delray (P.R.O.D.) and
read the following statement into the record: "P.R.O.D. sup-
ports mixed use projects in the downtown. P.R.O.D. would like a
compromise on Block 77 to a lower intensity and height.
P.R.O.D. members are very concerned at the divisiveness on both
sides and it's effect on the city. In order to preclude this
happening again, they would like to come back and discuss a
short term hold on this type of conditional use until a plan has
been created that is acceptable to everyone." Speaking on her
own behalf, Mrs. Beer stated that she does not consider the
current Block 77 development proposal to be a compromise. She
felt it would be inappropriate to put a parking garage in a
historic district and to change the Land Development Regulations
to allow this, which could make it possible for another parking
garage to come in in another part of the historic district. She
would prefer to see the public parking provided on a ground
level parking lot on Block 69. If the GRIP building has prob-
lems with parking, they could build a parking garage over their
present parking lot. She is very concerned with what the Block
77 project has done to the City. Further, something has been
done here that has never been done before. Public hearings and
project presentations are being held on a contract before the
submittal has even gone to a Planning and Zoning Board work-
shop. She felt this was not the way to conduct business in the
City and would prefer not to see it happen that way.
Alan Cart, 820 N.E. 2nd Street (member of the Palm
Trail ~omeowners Association), spoke in support of the Block 77
project. After listening to the facts, he has concluded that
the project fits with the character of Delray Beach and that it
-26- 11/02/99
would be good for the businesses along Atlantic Avenue. By
having a strong residential base downtown, it will help the City
get through the down times when they eventually roll around.
Deborah Dowd, 7 N.E. 16th Court, spoke in support of
the Block 77 project. As a resident of the Seacrest neighbor-
hood, she has great faith in the CRA and in their planning.
They have done a lot for the City and the Seacrest neighbor-
hood. She felt the project would serve to enhance Delray Beach
and urged the Commission to look at it favorably.
Frank Wheat, Chairman of the Downtown Development
Authority, 64 S.E. 5th Avenue, commented that the DDA was in-
volved in the charrette that the Block 77 project had back in
July and was very impressed with the way that was presented and
the opportunity they had to participate. The Block 77 Develop-
ment Group gave another presentation to the DDA in October,
1999, after which the Board unanimously voted to approve the
presentation and the Block 77 project. Mr. Wheat urged the City
Commission to support the project also.
Sylvia Cohen, 544 N.W. 47th Avenue, questioned how the
City can expect to have and sustain a viable downtown if it is
solely dependent on tourism. The strategy that was discussed at
the two visioning efforts was to get residential housing in the
downtown. The City Commission and City staff have the responsi-
bility for setting up a strategy to achieve this and still keep
it compatible with the character of Delray Beach. She felt the
proposed Block 77 project meets the standards and requirements
that have been established. It would provide a necessary hous-
ing component to keep the downtown businesses going as well as
help to insure a sustainable downtown community. She urged the
City Commission to support the project.
Carolyn Zimmerman, 212 S.W. 2nd Avenue, stated it
seems clear that everyone is in favor of a project that would
provide residential housing downtown. However, the Block 77
proposal is too high a density and intensity. She urged the
City Commission to do its job the right way and arrive at the
right answer to achieve a compromise.
Paul Romano, 509 Palm Trail, asked that before any
decisions are made that a scale model of the proposed project be
done so that people can see what the scale of the project is in
comparison to the rest of the neighborhood and the one-story
buildings around it. He felt it would be irresponsible to go
forward without first seeing such a model.
Rich McGloin, 2275 North Swinton Avenue, and a member
of the Board for the Downtown Merchants and Business Association
and also representinq the Pineapple Grove Main Street Board,
stated that the owners of the businesses and properties in
Pineapple Grove and last night at the board meeting of Pineapple
Grove Main Street, that board overwhelmingly voted to support
-27- 11/02/99
the Block 77 project. It is a necessary component not just to
the continued success of Atlantic Avenue, but also to support
the Pineapple Grove area. Mr. McGloin felt that the positive
benefits to be derived from the project are much more important
than the perceived negatives, and he urged the Commission to
support the project.
Scott Christensen, 10 N.E. 13th Street in the Seacrest
neighborhood, commented about the success of the joint revital-
ization effort in the Seacrest area between the City, the CRA
and the residents. He believes that the people and the efforts
for Worthing Place are justified and that the density issue is
not a major problem. He viewed it more as having 219 apartments
for people who want to live in downtown Delray, and they will be
the type of people who will support the downtown businesses
because they will be living there on an ongoing basis. The
project is worthy and he urged the Commission to approve it.
Joann Peart, 107 N.W. 9th Street, stated that she felt
this particular project could work in this particular location
and that it would be good for the area. The City does need
residential development in the downtown. While she would like
to see this, there is another building going up 54 feet on
Federal Highway and she is a little concerned about the trend.
She felt the City should go with the Block 77 project and the
one on Federal Highway and then take a time-out on high density
and high rises and get a community consensus on the vision all
of the residents want for Delray Beach.
Carolyn Patton, 1020 Tamarind Road, expressed her
support for the Block 77 project for the following reasons:
First, the area is downtrodden and the project is proposed in a
perfect place to bring the area up. Second, the developers have
been very sensitive to fitting it in to the flavor of old Delray
with the detailing and landscaping. The Block 77 developers
have worked very hard to be sensitive to the community. Lastly,
Ms. Patton stated she knows the developers to be trustworthy,
family people who care about Delray Beach. They also own a lot
of surrounding property and she was confident that the project
would be kept up and not allowed to become run down. She urged
the City Commission to support the project.
Alice Finst, 707 Place Tavant, stated she has concerns
about the project, not so much in the project itself, but the
way the Commission is going to vote and whether this will set a
precedent. She expressed concern about the Republic Bank
project that will go to 54 feet in height between the Federal
Highway pairs and hoped this was not the beginning of a canyon
effect. Mrs. Finst stated that when the Commission makes its
vote tonight, she hoped it would come to some consensus that
would represent a compromise. The residents of Delray Beach
will ultimately pay, through taxes, for any disasters that
occur. She urged the Commission to think very carefully about
whether allowing these exemptions in historic areas would set a
precedent.
Fred W. Love, 315 N.W. 18th Street, expressed his
opinion that the survival of downtown is not dependent upon the
approval of this or similar projects. They may be good
projects, but to imply that Delray Beach will die if they are
not approved is not realistic. Mr. Love continued that the
survival of the character of Delray beach does depend upon the
rejection of inappropriate building heights, density, setbacks,
etc., such as those which are proposed for the Block 77
project. He felt it was incumbent upon the Commission to make
sure that the rules are set tonight as to what the rules are
going to be for the rest of Delray Beach.
Aldo Coniqliaro, owner of Accents & Decor at 37 East
Atlantic Avenue and representing the Pineapple Grove Executive
Board of which he is Vice-President, stated that the Block 77
Development Group recently gave an impressive presentation on
the proposed project to the Pineapple Grove Executive Board and
the Board voted unanimously to support the project. He supports
it as an individual as well. He felt it would be a great
project to help Pineapple Grove and urged the Commission's
support.
Sandy Morrlssett, 318 Palm Trail, stated that he felt
the Block 77 project is not going to make Delray nor is it going
to kill Delray, but one of the things that the Commission should
not do tonight is kill the project. This type of development
for the downtown and surrounding areas is vital to the communi-
ty. While he was not sure that all of the details about how to
handle the additional people and traffic have been satisfactori-
ly addressed, he felt that that type of business is reserved for
the remainder of the process that Block 77 has to go through.
Mr. Morrissett stated he knows one of the developers on the
Block 77 team and felt the City was extremely fortunate to have
him working on this project. His only caution was to manage the
developer and development through the Commission and its sub-
agencies while the project goes through the various processes.
If this is done, he had every confidence that the Commission
would continue to add to the community in the positive way it
has done in the past.
Jay Little, President of Bright Image, Inc., 375 NE
3rd Street, spoke in support of the project and expressed the
opinion that it is the Commission's responsibility to take
actions necessary to keep Delray Beach a viable community. The
Block 77 project presents such an opportunity.
John Bennett, 137 Seabreeze Avenue 33483 - 274-8860,
who spoke in opposition to the Block 77 project. He read from
the Comprehensive Plan, to-wit: "The Central Business District
represents the essence of what is Delray Beach (i.e. a village-
like community by the sea)" at Objective C-4. Policy C-4.2
-29- 11/02/99
states that development in the CBD is to retain "a village-like
community by the sea" Mr. Bennett stated that a project with
the height and mass of the Block 77 proposal clearly does not
qualify as "village-like" Nobody he knows is against downtown
residential development, the question is at what scale? He
urged the Commission not to approve the contracts as it would
imply tacit approval for the project which in its present form
is completely out of character with Delray Beach.
Rodney Romano, representing Dharma Holdings, Ltd. at
14 South Swinton Avenue, spoke in opposition to the Block 77
project, expressing the opinion that the project is bad for the
community in its current form for a number of reasons, density
being only one. He stated that the developer has been inflexi-
ble in the decision to maintain 219 units, and respectfully
disagreed that it is impossible to make a profit with less
units. Other issues include the belief that the project vio-
lates the Comprehensive Plan and that it violates the Land
Development Regulations. Having said that, Mr. Romano stated
that the project should have the same right to be reviewed as
any other project. However, it should not be pre-approved
tonight with the contracts.
Mark Little, 1220 North Swinton Avenue, speaking as a
resident and not as a CRA Board member, spoke in favor of the
Block 77 project. It will provide a much needed residential
base in the downtown and will also address the parking issue
through the provision of sufficient parking for the project as
well as consideration for public parking.
Nancy Stein, 802 N.W. 2nd Avenue, spoke in support of
the project as it will provide downtown housing which will help
to stabilize the heart of the community. She did not view the
density as a problem and felt that there is room in Delray Beach
for the Block 77 proposal.
Bob Costin, owner of Costin's Flowers at 126 N.E. 1st
Avenue, spoke in support of the project as he felt it would help
to bring about economic stability to the community. As a long-
time business owner in Delray, he, too, suffered in the off-sea-
son and he still does, as does almost every other businessperson
in the direct downtown business community. Mr. Costin felt it
would be a boon to the downtown to have year-round residents
circulating in the community, spending dollars and shopping in
the area. He urged the Commission to support the project,
keeping in mind the economic stability and viability it will
bring to the downtown area.
Dan Burns, 1036 Bucida Road, spoke in support of the
Block 77 project as it is the type of project that he and many
others have worked for many years to bring to the downtown area.
Simon Harvey, 1040 Seasage Drive, expressed concern
about the ill feelings and harsh words that have occurred within
-3o-
the community because of this project. Having moved to the
United States some 9 years ago, Mr. Harvey felt that one of the
great things about this country is that one can freely say what
one thinks without fear of repercussion. He further stated that
he felt the Commission would make the right decision for the
City as a whole. He felt downtown development is needed and the
proposed location is a great location to do it. However, he
urged the Commission to take into account all of the views
expressed, including the concerns about the density.
Beril Kruqer, 9 N.E. 16th Street, spoke in support of
the Block 77 project as it is something that the City needs to
help provide a year-round client base for retail stores and
services that are needed in addition to all of the restaurants
downtown. Mr. Kruger urged the Commission to support the
project.
There being no one else who wished to address the City
Commission, the public hearing was closed.
On question from Mayor Alperin, Mr. Weiner stated that
the project meets the City's requirements for parking. The
submissions that have been made to date ask for no variances or
waivers, only what is allowable under the zoning code.
Mayor Alperin then asked for an explanation of the
changes in the contracts that were presented to the Commission
this evening. Mr. Weiner stated that the most important change
is to the clause involving 219 units. The developers felt it
was important to focus on that particular provision and make
sure everyone understood the importance of 219 units. As for
the rest of the items, he felt they were mostly cleanup items.
At this point, Mitch Kirschner, attorney who has been
handling the contracts for the developers, stated that the
change concerning the 219 units was to clarify that the intent
is to build 219 units, not more and not less. He qualified this
by noting that the developers are not, by virtue of the con-
tract, vested or subject to an entitlement of 219 units, but
have the ability to get the 219 units subject to the developers
complying with all of the applicable requirements and provisions
of the City's code.
Mr. Schmidt stated that he had a problem with the last
change. The provision that he is the most concerned about,
looking out for the welfare of the City, is that the City is not
vesting any rights in the developer by approving the contracts
tonight. To that end, he disagreed with Mr. Kirschner's inter-
pretation of the language change concerning the number of
units. The language that was in the contract when it was deliv-
ered last Friday was something he felt he could live with, both
as an attorney and as a City Commissioner. The new language was
given to him when he sat down tonight and while he did not feel
-31- 11/02/99
the contract should be negotiated at this meeting, he stated he
would not vote in favor of the contract with the new language.
Mr. Schmidt further stated that the Commission is not
voting on a contract for 219 units tonight and he did not want
any implication on the record to that effect. What the Commis-
sion is being asked to do tonight is vote on a contract that the
developer has the right to back out of if 219 units are not
approved. He wanted it clearly stated in the contract that the
developers went into this knowing that there has been no repre-
sentation made to them that they are guaranteed to get 219 units.
The City Attorney recommended that the language remain
as it was in paragraph (N) of the CRA contract delivered on
Friday.
Upon further discussion, the applicants requested a
five minute recess. It was the consensus of the Commission to
grant the recess, the time being 10:35 p.m.
During the recess for the Block 77 issue, the Commis-
sion moved to the next item on the agenda.
10.B. ORDINANCE NO. 44-99 (FIRST READING/FIRST PUBLIC HEAR-
ING): An ordinance amending LDR Section 4.4.19, "Mixed Industri-
al and Commercial (MIC) District", Subsection 4.4.19(D), "Condi-
tional Uses and Structures Allowed", by deleting Subparagraph
4.4.19{D) (1) (c) and by adding a new Subparagraph 4.4.19(D) (2) (f)
to allow 'Towing Services with Outside Storage' as a conditional
use in the MIC zone district. If passed, a second public hear-
ing will be scheduled for November 16, 1999. Prior to considera-
tion of passage of this ordinance on FIRST Reading, a public
hearing has been scheduled to be held at this time.
The City Manager presented Ordinance No. 44-99:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
SECTION 4.4.19, "MIXED INDUSTRIAL AND COMMER-
CIAL (MIC) DISTRICT", SUBSECTION 4.4.19(D),
"CONDITIONAL USES AND STRUCTURES ALLOWED",
OF THE LAND DEVELOPMENT REGULATIONS OF THE
CITY OF DELRAY BEACH, BY DELETING SUBPARA-
GRAPH 4.4.19(D)(1)(c) AND BY ADDING A NEW
SUBPARAGRAPH 4.4.19(D)(2)(f) TO ALLOW 'TOW-
ING SERVICES WITH OUTSIDE STORAGE' AS A
CONDITIONAL USE IN THE MIC ZONE DISTRICT;
PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 44-99 is on file
in the City Clerk's office.)
-32- 11/02/99
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.
Diane Dominguez, Director of Planning and Zoning,
stated the proposed ordinance would allow towing services with
outside storage in the MIC district, subject to certain restric-
tions. Currently they are allowed with no outside storage. The
text amendment was considered by the Planning and Zoning Board
at a public hearing on October 18, 1999. The Board voted unani-
mously to recommend approval.
Mayor Alperin declared the public hearing open. There
being no one from the audience who wished to speak on this item,
the public hearing was closed.
Mr. Schmidt moved to approve Ordinance No. 44-99 on
FIRST Reading, seconded by Mr. Wright. Upon roll call the
Commission voted as follows: Mrs. Archer - Yes; Mr. Wright -
Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt -
Yes. Said motion passed with a 5 to 0 vote.
10.C. ORDINANCE NO. 45-99 (FIRST READING/FIRST PUBLIC HEAR-
ING): An ordinance amending LDR Section 4.4.15, "Planned Office
Center (POC) District", Subsection 4.4.15(D), "Conditional Uses
and Structures Allowed", to provide for 'Restaurants, excluding
drive-in and drive-through facilities' as a conditional use in
the POC zone district. If passed, a second public hearing will
be scheduled for November 16, 1999. Prior to consideration of
passage of this ordinance on FIRST Reading, a public hearing has
been scheduled to be held at this time.
The City Manager presented Ordinance No.45-99:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
SECTION 4.4.15, "PLANNED OFFICE CENTER {POC)
DISTRICT", SUBSECTION 4.4.15(D), "CONDITION-
AL USES AND STRUCTURES ALLOWED", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF
DELRAY BEACH, TO PROVIDE FOR 'RESTAURANTS,
EXCLUDING DRIVE-IN AND DRIVE-THROUGH FACILI-
TIES' AS A CONDITIONAL USE 'IN THE POC ZONE
DISTRICT; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 45-99 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
-33- 11/02/99
compliance with the laws of the State of Florida and the Charter
of the City of Delray Beach, Florida.
Diane Dominguez, Director of Planning and Zoning,
stated that the code presently states that restaurants in the
Planned Office Center district have to be tied into the center
and primarily serve the noontime demands generated by the cen-
ter. The former Rod and Gun Club restaurant site was zoned POC
when it was annexed into the City and could never have met this
provision. Apparently the thought was that at some point the
adjacent property would come in as a planned office center. The
proposed text amendment will primarily accommodate the former
Rod and Gun Club site because it is now an expired conditional
use and would not be able to reestablish as a restaurant. This
is one way of accommodating it that will not have too much of an
impact because the other POC districts in the city already have
existing office buildings and any restaurants that might want to
go in could make a case they are there to primarily serve the
office center. The text amendment was considered by the Plan-
ning and Zoning Board at a public hearing on October 18, 1999.
The Board voted unanimously to recommend approval.
Mayor Alperin declared the public hearing open. There
being no one from the audience who wished to speak on this item,
the public hearing was closed.
Mrs. Archer moved to approve Ordinance No. 45-99 on
FIRST Reading, seconded by Mr. Randolph. Upon roll call the
Commission voted as follows: Mr. Wright - Yes; Mr. Randolph -
Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes.
Said motion passed with a 5 to 0 vote.
At this point, the time being 10:40 p.m., the appli-
cants for the Block 77 contracts had returned and the Commission
returned to that item.
Mr. Kirschner, on behalf of the applicants, stated
that the original language in paragraph (N) would be left in the
contract.
Mr. Schmidt moved to approve the Contract for Sale and
Purchase Between the Community Redevelopment Agency and Block
77, with paragraph (N) as it was originally written and instead
of 'not more than 219', it would just say '219', and recognizing
that the City is a third party beneficiary to said contract.
The motion was seconded by Mrs. Archer. Upon roll call the
Commission voted as follows: Mr. Randolph - No; Mayor Alperin -
Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes.
Said motion passed with a 4 to 1 vote.
Mr. Schmidt moved to approve the Interlocal Agreement
between the City and the CRA, seconded by Mrs. Archer. Upon
roll call the Commission voted as follows: Mayor Alperin - Yes;
-34- 11/02/99
Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes; Mr.
Randolph - Yes. Said motion passed with a 5 to 0 vote.
Mr. Schmidt moved to approve the Public Parkinq Facili-
ty Construction & Conveyance and Worthinq Park Contribution
Agreement, with the understanding that the design plan exhibit
"C" is not yet attached and the City Commission will have fur-
ther approval of that design plan. The motion was seconded by
Mrs. Archer. Upon roll call the Commission voted as follows:
Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes; Mr.
Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a
5 to 0 vote.
10.D. ORDINANCE NO. 42-99: An ordinance rezoning a parcel
of land commonly known as the Hegstrom property from R-i-AA
(Single Family Residential) District to R-1-A (Single Family
Residential) District. The subject property is located on the
north side of N.E. 22nd Street, approximately 450 feet east of
Seacrest Boulevard. Prior to consideration of passage of this
ordinance on Second and FINAL Reading, a public hearing has been
scheduled to be held at this time. QUASI-JUDICIAL HEARING
The City Manager presented Ordinance No.42-99:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, REZONING AND
PLACING LAND PRESENTLY ZONED R-i-AA (SINGLE
FAMILY RESIDENTIAL) DISTRICT IN THE R-1-A
(SINGLE FAMILY RESIDENTIAL) DISTRICT; SAID
LAND BEING COMMONLY KNOWN AS THE HEGSTROM
PROPERTY LOCATED ON THE NORTH SIDE OF N.E.
22ND STREET, APPROXIMATELY 450 FEET EAST OF
SEACREST BOULEVARD, AS MORE PARTICULARLY
DESCRIBED HEREIN; AMENDING "ZONING MAP OF
DELRAY BEACH, FLORIDA, 1994"; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No.42-99 is on file
in the City Clerk's office.)
The City Attorney read the caption of the ordinance
and stated that the item would be conducted as a quasi-judicial
hearing which allows for presentations by all involved parties,
the admission of documents into the record and public testimo-
ny.
The City Clerk swore in those individuals who wished
to give testimony on this item.
Diane Dominguez, Director of Planning and Zoning,
entered the project file into the record. She stated that the
Planning and Zoning Board considered the rezoning at a public
hearing on October 11, 1999, and voted 6 to 0 to recommend
approval.
There being no one else who, having been duly sworn,
wished to address the City Commission, the public hearing was
closed.
Mr. Schmidt moved to approve Ordinance No. 42-99 on
Second and FINAL Reading, seconded by Mrs. Archer. Upon roll
call the Commission voted as follows: Mrs. Archer - Yes; Mr.
Wright - Yes; Mr. Randolph - Yes; Mayor Alperin Yes; Mr.
Schmidt - Yes. Said motion passed with a 5 to 0 vote.
10.E. ORDINANCE NO. 40-99: An ordinance providing for a
corrective, small scale Future Land Use Map (FLUM) amendment
from Redevelopment Area #3 to Medium Density Residential (5-12
dwelling units per acre) for a portion of The Groves of Delray
property, located on the north side of Douglass Avenue between
S.W. 7th Avenue and S.W. 8th Avenue. Prior to consideration of
passage of this ordinance on Second and FINAL Reading, a public
hearing has been scheduled to be held at this time.
The City Manager presented Ordinance No.40-99:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, CHANGING THE
FUTURE LAND USE MAP DESIGNATION IN THE
COMPREHENSIVE PLAN FROM REDEVELOPMENT AREA
#3 TO MEDIUM DENSITY RESIDENTIAL (5-12
DWELLING UNITS PER ACRE), FOR A PORTION OF
THE GROVES OF DELRAY PROPERTY LOCATED ON THE
NORTH SIDE OF DOUGLASS AVENUE, BETWEEN S.W.
7TH AVENUE AND S.W. 8TH AVENUE, AS THE SAME
IS MORE PARTICULARLY DESCRIBED HEREIN;
ELECTING TO PROCEED UNDER THE SINGLE HEARING
ADOPTION PROCESS FOR SMALL SCALE LAND USE
PLAN AMENDMENTS; PROVIDING A GENERAL REPEAL-
ER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No.40-99 is on file
in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
A public hearing was held having been legally advertised in
compliance with the laws of the State of Florida and the Charter
of the City of Delray Beach, Florida.
Mayor Alperin declared the public hearing open. There
being no one from the audience who wished to speak on this item,
the public hearing was closed.
Mrs. Archer moved to approve Ordinance No. 40-99 on
Second and FINAL Reading, seconded by Mr. Schmidt. Upon roll
11/02/99
call the Commission voted as follows: Mr. Wright - Yes; Mr.
Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs.
Archer - Yes. Said motion passed with a 5 to 0 vote.
10.F. ORDINANCE NO. 41-99: An ordinance rezoning a portion
of the Security Self-Storage Facility site located at the north-
east corner of Linton Boulevard and S.W. 4th Avenue from I
(Industrial) District to MIC (Mixed Industrial and Commercial)
District. This is a corrective rezoning for a one acre parcel
of the overall site. Prior to consideration of passage of this
ordinance on Second and FINAL Reading, a public hearing has been
scheduled to be held at this time. QUASI-JUDICIAL gEARING
The City Manager presented Ordinance No.41-99:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, REZONING AND
PLACING LAND PRESENTLY ZONED I (INDUSTRIAL)
DISTRICT IN THE MIC (MIXED INDUSTRIAL AND
COMMERCIAL) DISTRICT; SAID LAND BEING COMMON-
LY KNOWN AS A PORTION OF THE SECURITY SELF-
STORAGE FACILITY SITE LOCATED AT THE NORTH-
EAST CORNER OF LINTON BOULEVARD AND S.W. 4TH
AVENUE, AS MORE PARTICULARLY DESCRIBED
HEREIN; AMENDING "ZONING MAP OF DELRAY
BEACH, FLORIDA, 1994"; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No.41-99 is on file
in the City Clerk's office.)
The City Attorney read the caption of the ordinance
and stated the item would be conducted as a quasi-judicial
hearing which allows for presentations by all involved parties,
the admission of documents into the record and public testimo-
ny.
The City Clerk swore in those individuals who wished
to give testimony on this item.
Diane Dominguez, Director of Planning and Zoning,
entered the project file into the record. She stated the Plan-
ning and Zoning Board considered the rezoning at a public hear-
ing on October 11, 1999, and voted 6 to 0 to recommend approval.
There being no one else who, having been duly sworn,
wished to address the Commission, the public hearing was closed.
Mrs. Archer moved to approve Ordinance No. 41-99 on
Second and FINAL Reading, seconded by Mr. Randolph. Upon roll
call the Commission voted as follows: Mr. Randolph - Yes; Mayor
Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright
- Yes. Said motion passed with a 5 to 0 vote.
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11. Comments and Inquiries on Non-Aqenda Items from the
Public-Immediately following Public Hearinqs.
ll.A. City Manaqer's response to prior public comments and
inquiries.
Due to the length of the meeting, the City Manager
asked the Commission if they would prefer to defer his responses
to prior public comments and inquiries to the meetinig of Novem-
ber 16, 1999. It was the consensus of the City Commission to do
so.
11.B. From the Public.
There were no comments or inquiries from the public.
13. Comments and Inquiries on Non-Aqenda Items.
13.A. City Manaqer.
The City Manager had no comments or inquiries.
13.B. City Attorney.
The City Attorney had no comments or inquiries.
13.C. City Commission.
13.C.1. Commissioner Scb_midt reminded everyone of the recep-
tion for the Japanese students and their host families at Bos-
ton's Upper Deck from 6:00 to 8:00 p.m. on Wednesday, November
3rd.
13.C.2. Commissioner Archer thanked the City Clerk's office
for their cooperation in faxing information to her when she has
been away in preparation for Commission meetings.
13.C.3. Commissioner Wright had no comments or inquiries.
13.C.4. Commissioner Randolph had no comments or inquiries.
13.C.5. Mayor Alperin distributed copies of a news article
about Delray Beach that appeared in The New York Post on October
26, 1999.
There being no further business, Mayor Alperin de-
clared the meeting adjourned at 10:55 p.m.
City ~lerk V
ATTEST:
-38- 11/02/99
The undersigned is the City Clerk of the City of Delray Beach,
Florida, and the information provided herein is the minutes of
the meeting of said City Commission of November 2, 1999, which
minutes were formally approved and adopted by the City Commis-
sion on ~o~f~
/
/ City ~lerk-
NOTE TO READER: If the minutes you have received are not com-
pleted 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.
-39- 11/02/99
Concerns:
Sandy Simon 11/2/99
1. Does the Block 77 project: conform to the Policy Statement of Visions 20007
Does it reinforce the desire of the community to be A Village By the Sea?
2. Does the Block 77 project conform to our downtown Comprehensive Development
Plan?
3. Does Block 77 project conform to market studies indicating depth of need of rental
housing in our downtown core? Same for traffic studies?
4. Are provisions tin place to accommodate the traffic issues of gridlock on E. Atlantic
Avenue during the tourist seasons of November 1 - April 30, fully lA of each
calendar year?
5. Have we as a community, through our government and quasi-government agency, the
(CRA) made adequate effort and disseminated accurate, factual, informative to achieve
concessus building?
6. Are we doing enough to avoid a disconnect between our citizens and their government/
quasi-government CRA?
During the boom years of the late 1960s and early 1970s, development intensity was
allowed up to 90 units per acre. The people of Delray Beach, watching the towers go up in the
easternmost portion of our community determined the impact was too great, and urged by the
planning leadership of Ft. Lauderdale and Pompano demanded substantial reduction in density.
The allowable density was reduced to 45 then to 25 units/acre, just in time.
More than 20 years ago, density south of Atlantic Avenue was reduced from 30 units/acre
to 15 units/acre to 6 units/acre. Again, atter we saw the resulting high density apartments, atter
the fact, the citizens demanded density be substantially reduced. Now, we are told we must
accept 90 units/acre. How can this be logical, appropriate or in the best interest of our
community? I think it's too intense. Must we watch this oversized, too intense project be built
before we can understand its ramifications, impact, and precedence? Or, can we learn from our
historical past and avoid repeating the same mistakes? I think we should be knowledgeable
enough not to get swept up in the tide of political expedience and rush to approve this project.
We must be thoughtful and patient. We should require adequate open space on any project of this
consequence. We should make certain the streets around this project provide adequate traffic
flow BEFORE the project begins. For example, the one-way bypassses should be made two-way
PRIOR to this project being allowed to go forward. I believe some modifications, some
adjustments could be made to this project to adapt it to Delray Beach, its needs, its character and
its capabilities.
Delray Beach is a wonderful community, an All-American City. We are unique. We are
special. I believe we must together be vigilante, involved and deliberate to maintain that
uniqueness. That is why I wished to speak.
I am beginning to see a feeling sense of disconnect among the people with their
government leadership and especially the quasi-governmental agency, the CRA. That is
unfortunate. I am convinced that both groups have done an admirable job in the renaissance of
our beloved community. However, this project is so significant, so large scale and so intense at
90 dwelling units per acre that it has alarmed a large segment of our citizenry. There is a sense of
apathy, anger and impotence among the people with a compelling sense that there is an
unstoppable urgency to approve this project. There is a similarity in the attitude of the citizens to
that of 1988 prior to Visions 2000 where the people demanded, and got a sense of ownership
of their community.
Do this project and the real concern that more like it may be in the wings signal a call for
another citizens gathering, a Visions 20107
7. Are we too anxious to maximize the development of our community? As reported in the
Palm Beach Post, a representative of the CRA was quoted as saying "we must maximize
and intensify the use of our remaining and open space.' We have been more than 80%
built-out for nearly 20 years. Recycling is now our mantra. Must we see each remaining
vacant parcel of land as an opportunity to cover that parcel completely with construction
of new buildings? Is the price of growth too high? We are nearly out of open space. Let
us be careful with what little we have lefL
8. Are we working together to improve our quality of life for all our citizens, or are we
too singularly focused on the commercial viability of our retail community?
I believe we all are striving for much the same goals. Sometimes the pendulum of
influence or priorities swings too far. Our desirable quality of life requires that we seek balance,
equilibrium and stability. Please let us be very thoughtful with regard to this project and carefully
mold it into what'is best for Delray Beach and its citizens.
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