10-02-07 Minutes RegOCTOBER 2, 2007
A Regular Meeting of the City Commission of the City of Delray Beach,
Florida, was called to order by Mayor Rita Ellis in the Commission Chambers at City
Hall at 6:00 p.m., Tuesday, October 2, 2007.
1. Roll call showed:
Present - Commissioner Gary Eliopoulos
Commissioner Woodie McDuffie
Commissioner Brenda Montague
Mayor Rita Ellis
Absent - Commissioner Fred Fetzer
Also present were - David T. Harden, City Manager
Robert A. Barcinski, Assistant City Manager
Susan A. Ruby, City Attorney
Janet K. Whipple, Acting City Clerk
2. The opening prayer was delivered by Mayor Rita Ellis.
3. The Pledge of Allegiance to the flag of the United States of America was
given.
4. AGENDA APPROVAL.
Mr. Eliopoulos asked that Item 8.B., Landscape Maintenance
Agreement/Cannery Row Development be moved from the Consent Agenda to the
Regular Agenda as Item 9.A.A.
Mr. Eliopoulos moved to approve the Agenda as amended, seconded by
Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes;
Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed
with a 4 to 0 vote.
5. APPROVAL OF MINUTES:
Mrs. Montague moved to approve the Minutes of the Regular Meeting of
September 18, 2007, seconded by Mrs. Ellis. Upon roll call the Commission voted as
follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos
- Yes. Said motion passed with a 4 to 0 vote.
6. PROCLAMATIONS:
6.A. Change a Light Day -October 3, 2007
Mayor Ellis noted that a proclamation hereby proclaiming the Change a
Light, Change the World Campaign is officially underway commencing on October 3,
2007 with Change a Light Day in the City of Delray Beach will be mailed.
6.B. Make A Difference Dav -October 27, 2007
Mayor Ellis noted a proclamation hereby proclaiming Saturday, October
27, 2007 as Make a Difference Day in the City of Delray Beach will be mailed.
6.C. Florida City Government Week -October 21-27, 2007
Mayor Ellis read and presented a proclamation hereby proclaiming the
week of October 21 through October 27, 2007 as Florida City Government Week in the
City of Delray Beach.
6.D. National Arts and Humanities Month -October 2007
Mayor Ellis read and presented a proclamation hereby proclaiming the
month of October 2007 as National Arts and Humanities Month in the City of Delray
Beach. Joe Gillie, Director of Old School Square and Bill Nicks, Vice President of
Marketing and Government Affairs of the Palm Beach County Cultural Council accepted
this proclamation. Mr. Gillie introduced the new Director of Development at Old School
Square.
6.E. National Physical Therapy Month -October 2007
Mayor Ellis read and presented a proclamation hereby proclaiming the
month of October 2007 as National Physical Therapy Month in the City of Delray Beach.
Scott Miller from Miller Physical Therapy came forward to accept the proclamation.
7. PRESENTATIONS:
7.A. Delray Beach Jaycees Fishing Tournament/Delray Citizens for Delray
Police -Officer Jeffery Messer and Chris Reich
Larry Schroeder, Police Chief, presented the community service awards to
the volunteers.
Larry Schroeder, Police Chief, stated 13 years ago the Delray Beach
Jaycees Holiday Toy Drive Fishing Tournament was created with the purpose of raising
funds for the yearly Holiday Toy Drive. The fishing tournament has evolved over the
years from a small town fundraiser into an event that brings in anglers from all over
South Florida. In the past three years alone, this event has hosted sixty or more boats per
year and rose over $10,000.00 each year. These monies are then placed into the Delray
Citizens' for Delray Police Account which facilitates the funding of the programs. Chief
Schroeder stated as this fishing tournament has evolved so has the involvement in the
-2-
10/02/07
community. From the funding of all expenses related to the Holiday Toy Drive to
providing college scholarships for Atlantic High School graduates to covering all costs
related to the eight year old Kids and Cops Literacy Program, they have grown. Also,
they have been able to increase the dollar amount donated to the Easter Egg Hunt and
have given to the Delray Rocks Football Team and supported a successful Karate
Instruction Program. Chief Schroeder stated the commitment and professionalism
illustrate the core values of the Police Department and thanked everyone for caring and
getting involved.
Jennifer Buce, Litter Prevention Coordinator, stated through the annual
toy drive this year they were able to raise over $11,000.00 and this money goes back into
the programs that they do throughout the year. Ms. Buce stated she has been fortunate to
have been a part of the Kids and Cops Program for over ten years and many good things
are done for the youth in the community. Ms. Buce presented Perry DonFrancisco with
checks totaling $11,000.00 raised this year through the Annual Fishing Tournament.
Perry DonFrancisco came forward to accept the checks and stated ,Delray Citizens' for
Delray Police began 22 years ago with the intention of being a Police community
relations support group and one of the objectives beyond financially and morally
supporting the police was to enhance the image and the relationships of the police in our
community. Mr. DonFrancisco stated this is being accomplished through everyone's
efforts and expressed his gratitude for all those involved.
7.B. My Safe Florida Home Program Presentation
Victoria Williams, Consumer Outreach Coordinator for the State of
Florida, stated that the State of Florida is letting people have a free windstorm inspection
if they have a site built home that is not a mobile home or a condo and it is just one home
under one roof and not a duplex. My Safe Florida Home Program was created in August
2006 and homes that are insured for less than $300,000 to rebuild the house and are in a
wind-borne debris area and the home has been built before the year 2002 can qualify for
$5,000.00 matching money to put the shutters on the house. Ms. Williams stated the free
windstorm inspection is very easy to get by calling 1-866-513-6734 or by going online to
www.mysafefloridahome com.
8. CONSENT AGENDA: City Manager Recommends Approval.
S•A• ACCEPTANCE OF EASEMENT DEED/CLEARBROOK
HOMEOWNERS ASSOCIATION• Approve and accept an easement deed between
the City and Clearbrook Homeowners Association to allow the installation of a reclaimed
water line from Homewood Boulevard to Clearbrook Circle.
8.B. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A.A.
-3-
10/02/07
8.C. RESOLUTION NO. 58-07: Approve Resolution No. 58-07 providing
support for the City's beach renourishment project and a funding commitment to provide
for the local match.
office.)
The caption of Resolution No. 58-07 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA
PROVIDING IT'S SUPPORT FOR THE CITY OF
DELRAY BEACH RENOURISHMENT PROJECT
AND ITS ONGOING FUNDING COMMITMENT TO
PROVIDE FOR THE LOCAL MATCH.
(The official copy of Resolution No. 58-07 is on file in the City Clerk's
8.D. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT
AGENCY/NEIGHBORHOOD PLANNER: Approve an Interlocal Agreement
between the City and the Community Redevelopment Agency (CRA) for funding in the
amount up to $34,410.00 per year for a Neighborhood Planner position to be assigned to
the Neighborhood Resource Center to serve as a liaison between the Community
Redevelopment Agency (CRA), West Atlantic Avenue Task Team (WATT) and West
Atlantic Avenue Redevelopment Coalition (WARC); and provide Community Land Trust
(CLT) outreach services. The Community Redevelopment Agency (CRA) shall
contribute 50% of the cost of this position.
8.E. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT
AGENCY/PLAN REVIEWER II: Approve an Interlocal Agreement between the City
and the Community Redevelopment Agency (CRA) in an amount up to $67,200.00 per
year for a Plan Reviewer II position in the Community Improvement Department for the
prioritization of CRA projects for plan review and permit approval.
8.F. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT
AGENCY (CRA)/PLANNING AND OTHER SERVICES: Approve an Interlocal
Agreement between the City and the Community Redevelopment Agency (CRA) in an
amount up to $115,500.00 per year for planning and other services from the Planning and
Zoning Department, Parking Management Specialist and the Information Technology
Division.
S.G. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT
AGENCY/CLEAN AND SAFE PROGRAM: Approve an Interlocal Agreement
between the City and the Community Redevelopment Agency (CRA) in the amount of
$870,000.00 for funding for the Clean and Safe Program for FY 2007/2008.
-4-
10/02/07
8.H. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT
AGENCY/CONSTRUCTION/PROFESSIONAL SERVICES: Approve an Interlocal
Agreement between the City and the Community Redevelopment Agency (CRA) for
funding construction/professional services for FY 2007/2008.
8_I. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT
AGENCY/IN-HOUSE PROJECT MANAGEMENT SERVICES: Approve an
Interlocal Agreement between the City and the Community Redevelopment Agency
(CRA) in the amount of $78,750.00 for funding of the Project Manager position in the
Environmental Services Department/Engineering Division. The Project Manager
position manages the Community Redevelopment Agency (CRA) projects, helps keep the
projects on schedule and ensure that they are properly coordinated and managed.
8_J. RATIFICATION OF APPOINTMENT TO THE PARKING
MANAGEMENT ADVISORY BOARD: Approve and ratify the reappointment of Mr.
Charles Halberg, Planning & Zoning Board Representative, to the Parking Management
Advisory Board for a two (2) year term ending August 31, 2009.
8.K. TRI-PARTY AGREEMENT/PALM BEACH COUNTY/DELRAY
BEACH HISTORICAL SOCIETY: Approve an agreement between the City, Palm
Beach County and the Delray Beach Historical Society for funding from Palm Beach
County in an amount not to exceed $200,000 for the Hunt House Learning Center and
Archival Storage Facility.
8.L. SPECIAL EVENT REQUEST/HALLOWEEN PARADE• Approve a
special event request to allow the Annual Halloween Parade sponsored by the Noontime
Kiwanis Club to be held on October 27, 2007 from 1:30 p.m. until approximately 2:15
p.m., including temporary use permit per LDR Section 2.4.6(F) for the rolling closure of
Atlantic Avenue from N.E. ls` Avenue to Veterans Park, staff support for traffic control
and security; contingent upon the receipt of a hold harmless agreement.
8.M. LETTER OF SUPPORT/COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM (CDBG) FUNDING FOR FY 2008• Approve and authorize the
Mayor to sign the letter of support for the Community Development Block Grant
(CDBG) funding for FY 2008.
8.N. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards for
the period September 17, 2007 through September 28, 2007.
8.0. AWARD OF BIDS AND CONTRACTS:
NONE.
-5-
10/02/07
Mrs. Montague moved to approve the Consent Agenda as amended,
seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mrs.
Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. McDuffie -Yes. Said
motion passed with a 4 to 0 vote.
9.A. REGULAR AGENDA:
9.A.A. LANDSCAPE MAINTENANCE AGREEMENT/CANNERY ROW
DEVELOPMENT: Approve and accept an easement deed between the City and
Cannery Row Homeowners' Association for the maintenance of landscaping within the
pubic rights-of--way along N.E. lst Avenue, N.E. 2nd Avenue and N.E. aid Street adjacent
to the Cannery Row Development.
At this point, Commissioner Eliopoulos declared a conflict of interest and
stepped down from the dais.
Randal Krejcarek, City Engineer, stated this is before the Commission for
approval to execute an agreement with Cannery Row Homeowners' Association for
maintenance of landscaping that is going to be within the City right-of--way. Cannery
Row is a development that is bounded by N.E. aid Street on the south, N.E. 4th Street on
the north, N.E. aid Avenue on the west and N.E. 2"d Avenue at Pineapple Grove Way on
the east. The landscaping that they will be doing will be in the Pineapple Grove right-of-
way, the N.E. aid Street right-of--way and the N.E. lst Avenue right-of--way.
Mrs. Montague moved to approve to execute the landscape maintenance
agreement between the City of Delray Beach and Cannery Row Homeowners'
Association, seconded by Mr. McDuffie. Upon roll call the Commission voted as
follows: Mayor Ellis -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes. Said motion
passed with a 3 to 0 vote.
At this point, Commissioner Eliopoulos returned to the dais.
9.A. CONDITIONAL USE MODIFICATION REQUEST/SOUTH
COUNTY MENTAL HEALTH CENTER: Consider a conditional use request to
allow the construction of five (5) housing facilities which will each have four (4) sleeping
rooms with two (2) beds per room for the South County Mental Health Center, located at
16158 South Military Trail. (Quasi-Judicial Hearing)
Mayor Ellis read into the record the City of Delray Beach procedures for a
Quasi-Judicial Hearing for this item and all subsequent Quasi-Judicial items.
Janet Whipple, Acting City Clerk, swore in those individuals who wished
to give testimony on this item.
Mayor Ellis asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose.
-6-
10/02/07
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2007-294 into the record.
Mr. Dorling stated this is a conditional use request to allow five (5)
additional housing facilities with four (4) sleeping rooms each and two (2) beds per room
for the South County Mental Health Center located at 16158 South Military Trail. The
South County Mental Health Center is an existing facility located within eleven buildings
including supportive housing, recreation, child care, offices and medical services. This
expansion would occur to the east part of that site and include five buildings with a total
of forty (40) new beds.
At its meeting of September 17, 2007, the Planning and Zoning Board
considered the conditional use request and the Board recommended approval with a vote
of6to0.
Steve Tate, Covelli Design Associates, Inc ,Agent, stated this is for five
(5) additional units in the east end of this particular site. He stated right now they have
funding for two of those units and the other three units would be based on a future need.
Mayor Ellis stated if anyone from the public would like to speak in favor
or in opposition of the request, to please come forward at this time. There being no one
from the public who wished to address the Commission regarding the conditional use
request, the public hearing was closed.
There was no cross-examination or rebuttal.
The City Attorney briefly reviewed the Board Order with the Commission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
Mr. McDuffie moved to approve the Board Order as presented, seconded
by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor Ellis -Yes;
Mr. Eliopoulos -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes. Said motion passed
with a 4 to 0 vote.
9.B. CONDITIONAL USE REQUEST/HISTORIC DEPOT SQUARE•
Consider a conditional use request to allow a multiple family residential development
containing a minimum of 25% workforce units and up to 24 dwelling units per acre to be
known as Historic Depot Square in the MIC (Mixed Industrial and Commercial) Zoning
District located between the CSX Railroad and I-95, south of Lake Ida Road. (Quasi-
Judicial Hearing)
Janet Whipple, Acting City Clerk, swore in those individuals who wished
to give testimony on this item.
-7-
10/02/07
Mayor Ellis asked the Commission to disclose their ex parte
communications. Mr. McDuffie stated he had no ex parte communications. Mrs.
Montague stated she has met with the applicant. Mayor Ellis stated she had no ex parte
communications to disclose. Mr. Eliopoulos stated he had a conversation with one of the
abutting property owners with regard to access to his property.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2007-314 into the record.
Mr. Dorling stated on March 20, 2007, the City Commission approved an
LDR text amendment establishing an Interstate 95/CSX Railroad Corridor Overlay
District which allows the multiple family residential developments in the MIC zoning
district up to 24 dwelling units per acre as a conditional use provided at least 25% of the
units are workforce housing units. The development proposal also includes the relocation
of Depot Road from its current location along Interstate 95 to the west side of the
property along the CSX railroad right-of--way. He stated it will include 296 dwelling
units and approximately 90,135 square feet of office floor area. The development will
consist of two (2) two-story office buildings and two (2) four-story buildings containing
the residential units. As part of this development, Mr. Dorling stated there will also be a
five-story 340 parking space garage and 528 surface parking spaces along with related
landscape improvements. The residential portion of the development consists of 78 one-
bedroom units, 170 two-bedroom units, and 48 three-bedroom units. Seventy-five of the
units will be workforce units representing 20 one-bedroom units, 43 two-bedroom units,
and 12 three-bedroom units. The development will include amenities such as swimming
pools and green terraces within courtyards that are proposed within residential buildings.
At its meeting of September 17, 2007, the Planning and Zoning Board
considered the conditional use request and recommended approval subject to the
modification of condition #4. This condition was modified in order to provide flexibility
to the developer and City staff to resolve the issue regarding the designation of the
workforce units. Mr. Dorling stated in the past the workforce housing units have been
physically delineated and the applicant as did the Planning and Zoning Board agreed that
they could meet with staff and come up with an alternative if they had an acceptable one.
Mr. Dorling stated the City Attorney, the applicant and he met a few days ago and agreed
that they do not have to physically delineate the workforce housing units but there will be
a process by which they would submit monthly reports as to where those units are. Staff
recommends approval subject to the modification of that condition which is referenced in
the staff report. ,Mr. Dorling stated he believes this has been taken care of.
Charlie Putman, Charles Putman & Associates, Inc., Agent, gave a
brief presentation and stated they meet the standards of the conditional use criteria.
Mayor Ellis stated if anyone from the public would like to speak in favor
or in opposition of the conditional use request, to please come forward at this time.
-8-
10/02/07
Alice Finst, 707 Place Tavant, Detray Beach, stated she has no problem
with the project; however, the access concerns her. She feels this project could be far
improved and be better for the developer if staff could work in collaboration with the
developer to get a roadway across the railroad tracks. She stated as it stands now the City
property is land locked and over 3,000 cars a day will be turned onto Lake Ida Road from
this project in conjunction with the traffic that goes to and from Spady Elementary
School and the park. Mrs. Finst stated in her opinion it would be far better for the
developer, the residents, and traffic control and safety if the City could implement a way
that the traffic into this development would come off Congress Avenue.
Mr. Dorling stated this is a challenging site with respect to access.
However, this is a residential component and noted that this area is a significant industrial
area.
Mr. McDuffie inquired about the workforce units and asked if condition
#4 is still in effect. Mr. Dorling stated condition #4 as modified has been resolved.
Mrs. Montague asked if a traffic study was done. In response, Mr.
Dorling stated a traffic study was done and it found that worked although it is not ideal.
The City Manager stated staff has previously explored the idea of trying to get across the
railroad and the only way you can get a railroad crossing approved is if you give up one.
The City Manager stated Delray Beach does not have a crossing on the CSX that they
could give up. The City of Delray Beach would have to go to Boynton or Boca and try to
persuade them to give one up and stated this is virtually impossible.
Mrs. Montague asked if this will assure that the workforce housing will be
spread throughout the project. Mr. Dorling stated in their meeting staff made this clear
that this was one of the reasons why we preferred it to be delineated but in their reporting
mechanism they are going to be telling which unit and where they are located. He stated
Lula Butler's department would be monitoring that on a monthly basis and it will be
tracked.
The City Attorney stated there will be a restrictive covenant and it is
difficult when the units are rented and you do not want to move someone out because that
is a designated area. Staff is hoping to accommodate that and also provide the overall
mix that they generally want.
The City Attorney briefly reviewed the Board Order with the Commission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
Mr. McDuffie moved to approve the Board Order as presented, seconded
by Mrs. Montague. Upon roll ,call the Commission voted as follows: Mr. Eliopoulos -
Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed
with a 4 to 0 vote.
-9-
10/02/07
9.C. WAIVER REQUESTS/CALVARY BIBLE ALLIANCE CHURCH:
Consider a request for waivers to the Land Development Regulations (LDR) Section
6.1.2(A)(2), which requires right-of--way improvements per LDR Section 5.3.1(C) when a
project is adjacent to unimproved rights-of--way and a waiver to LDR Section
4.6.9(D)(3)(c)(1), which requires a 50-foot stacking distance along S.W. 11`n Street
associated with a Class IV site plan modification for Calvary Bible Alliance Church,
located on the southwest corner of S.W. 10`n Street and S.W. 8`n Avenue (898 S.W. 10`n
Street). (Quasi-Judicial Hearing)
Janet Whipple, Acting City Clerk, swore in those individuals who wished
to give testimony on this item.
Mayor Ellis asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning project file #2007-106 into the record.
Mr. Dorling stated these are two waivers in association with the Class IV
site plan modification for the Calvary Bible Alliance Church. These are waiver requests
from LDR Section 6.1.2(A)(2), which requires right-of--way improvements per LDR
Section 5.3.1(C) when a project is adjacent to unimproved rights-of--way (SW 9`n
Avenue). The waiver is also to LDR Section 4.6.9(D)(3)(c)(1), which requires a 50-foot
stacking distance between SW 11`n Street and the nearest parking space or drive aisle
internal to the development. Mr. Dorling stated the applicant has provided approximately
32 feet of the required 50 feet. He stated the rationale for the request is that you have
multiple entrances and therefore, the traffic would be distributed throughout the project
and not have the need for the 50 feet. Similar waivers have been granted in the past and
given the secondary access of the driveway with the primary access being off 10`n, staff
supports the waiver. Mr. Dorling stated the second waiver is from the right-of--way
improvements for S.W. 9`n Street and both 9`n and 8`n are currently unimproved. He
stated S.W. 9`n Street is actually part of a special assessment and the church has agreed to
provide their share and that improvement should be constructed consistent with the
development of this project. Mr. Dorling stated 8`n is being improved and 9`n is not. The
relief request is from the requirement to provide fifty percent (50%) of the improvements
for 9`n
At its meeting of September 10, 2007, the Site Plan Review and
Appearance Board (SPRAB) approved the Class IV site plan modification for the Calvary
Bible Alliance Church. The Board considered the waivers and recommended approval of
each waiver. However, staff suggested a deferral rather than a waiver. Staff
recommends that the Commission deny the one waiver and execute a deferral; and, that
they support the other waiver relating to the stacking distance.
- 10-
10/02/07
Anand Peter Shahamad, President of Lee & Shahamad International,
Inc., 6252 Madras Circle, Boynton Beach (Architect for Calvary Bible Alliance
Church stated he is in agreement with what staff has proposed.
Mayor Ellis stated if anyone from the public would like to speak in favor
or in opposition of the waiver requests, to please come forward at this time. There being
no one from the public who wished to address the Commission, the public hearing was
closed.
There was no cross-examination or rebuttal.
The City Attorney briefly reviewed the Board Order with the Commission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
Mr. Eliopoulos moved to approve the Board Order as presented, seconded
by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. Eliopoulos -
Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed
with a 4 to 0 vote.
At this point, the time being 7:05 p.m., the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
10. PUBLIC HEARINGS:
10.A. ORDINANCE NO. 31-07 (FIRST READING/FIRST PUBLIC
HEARING): Privately initiated amendment to the Land Development Regulations
amending Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)"
Subsection 4.4.24(B), "Principal Uses and Structures", to include an additional property
that is allowed in the permitted uses of the Central Business District (CBD) Zoning
District; amending Subsection 4.4.24(F), "Development Standards", to include an
additional property in the Old School Square Historic Arts District (OSSHAD) that is
subject to the standards of the Central Business District (CBD) Zoning District. If
passed, a second public hearing will be scheduled for October 16, 2007.
The caption of Ordinance No. 31-07 is as follows:
AN ORDINANCE OF THE CTI'Y COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF
DELRAY BEACH, FLORIDA, BY AMENDING SECTION 4.4.24,
"OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT
(OSSHAD)", SUBSECTION 4.4.24(B), "PRINCIPAL USES AND
STRUCTURES" TO INCLUDE AN ADDITIONAL PROPERTY
THAT IS ALLOWED THE PERMTI'I'ID USES OF THE CBD
ZONING DISTRICT; AMENDING SUBSECTION 4.4.24(F),
-11-
10/02/07
"DEVELOPMENT STANDARDS", TO INCLUDE AN
ADDITIONAL PROPERTY IN THE OSSHAD DISTRICT
THAT IS SUBJECT TO THE STANDARDS OF THE CBD
ZONING DISTRICT; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
office.)
(The official copy of Ordinance No. 31-07 is on file in the City Clerk's
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated this is a privately
initiated amendment to LDR Section 4.4.24 of the Old School Square Arts District
(OSSHAD), subsections (B) Permitted Uses and (F) Development Standards. The
subject LDR Amendment is to accommodate a new office building. The subject property
is located on the west side of S.E. 1St Avenue, approximately seventy-five feet (75') north
of S.E. lsc Street, and contains a contributing structure within the Old School Square
Historic District.
Mr. Dorling stated it is important to note that there is an alley which staff
feels is delineation between the balance of the OSSHAD which is subject to less intense
regulations and the more intense regulations that are available for those cross hatch lots.
The rationale that is being proposed by the applicant is that there is
significantly more intense development adjacent to this property and therefore that should
support the intensification of development on that site. Mr. Dorling stated staff is
concerned because during the. discussion of the expansion for the parking garage it was
clearly indicated that this would not serve as a precedent to further intensify and apply
this kind of designation up and down this area. He stated staff is concerned that there
will be similar arguments being made for the balance of the OSSHAD which is less
intense in development than the CBD (Central Business District). Also, there are a
significant number of contributing structures on the west side of the alley that separate
these properties and we would see similar arguments being made. Mr. Dorling stated
since the office use is now permitted in the OSSHAD, staff believes it is more
appropriate that the regulations for the OSSHAD be maintained for this property and that
special relief (available through the Historic Preservation Board) be applied to this
property therefore allowing the development to do what he needs to do and looking at
some relaxation of set backs and consequently getting a development that is consistent
with the OSSHAD. Mr. Dorling stated this way if property changes hands that we are not
stuck with something we do not want.
-12-
10/02/07
At its meeting of September 5, 2007, the Historic Preservation Board
(HPB) recommended denial of the amendment with a 4 to 1 vote; at its meeting of
September 6, 2007, the Community Redevelopment Agency (CRA) considered the
subject LDR Amendments and recommended denial of the amendment with a 5 to 0 vote;
and at its meeting of September 17, 2007, the Planning and Zoning Board (P&Z)
recommended denial of the amendment with a 6 to 0 vote.
Mayor Ellis declared the public hearing open.
Jason Mankoff, Attorney with Weiner & Aronson, P A , 102 North
Swinton Avenue, Delray Beach, stated although this matter has nothing to do with the
structure which is presently maintained on the property he is handing the Commission a
letter of today's date concerning the moving of the house to another property in the
OSSHAD (Old School Square Historic Arts District). Also, Mr. Mankoff distributed a
handout which includes photos of the subject property, surrounding properties, and
Comprehensive Plan and Master Plan provisions. He stated the real issue is
compatibility.
Francisco Perez-Azua, Architect, briefly discussed the sketch.
Claudia Willis, 160 Marine Way, Delray Beach, urged the Commission
to support the districts and deny the request.
There being no one else from the public who wished to address the
Commission regarding Ordinance No. 31-07, the public hearing was closed.
Mayor Ellis asked if this would start all over again if a significant change
is made. The City Attorney stated it depends if it changes the main purpose of the
ordinance then we would have to start again. She stated this would probably not be a
change in the main purpose because there are already some limits and this would be
additional limits. The City Attorney stated under the new law just recently handed down
they can make changes. However, we have to remember that we are not rezoning a
particular piece of property but this is a text amendment for the district and including
additional property. The City Attorney emphasized that this is not a rezoning so
additional conditions that staff may place on this should fit additional conditions for any
other properties that also are within this Overlay District.
Mayor Ellis expressed concern that some people understood that this
ordinance would work as a first reading would work. The City Attorney stated this is a
first reading and first public hearing. The City Attorney stated traditionally we have
passed things to get them to second reading/second public hearing particularly when they
are quasi judicial. This is a public hearing and is not the procedural judicial process. The
City Attorney stated she understands that the applicant has requested that the
Commission give them a chance for a second public hearing. The Commission can do
this or they can deny it tonight and it will not go to a second hearing.
-13-
10/02/07
Mr. Eliopoulos stated he would like the applicant to work with staff and
consider what staff is offering.
Mr. McDuffie concurred with comments expressed by Mr. Eliopoulos.
Mrs. Montague asked if Mr. Weiner is asking that the Commission pass
this ordinance tonight in order to work with staff. Mr. Weiner stated they would like to
work with staff. Mrs. Montague asked the City Attorney if this can be site specific as
opposed to a text amendment. The City Attorney stated this would be a whole new
process. Mr. Weiner stated there are 29 blocks that are subject to CBD regulations in
OSSHAD and they can take a look and see if there are restrictions that are suitable to all
29 blocks. Mrs. Montague expressed concern that this is a text amendment and not site
specific.
Mrs. Montague asked staff if there is a way to rectify this or come to some
sort of agreement within the next two weeks. Mr. Dorling stated there is an agreement
that we do not retain the cottage there; but that there is an agreement that there is
something transitional and atwo-story office building that has been offered by the
applicant is something that staff supports but it is just how it is achieved. Mr. Dorling
stated he feels staff can support this not through this amendment but through the current
regulations and the ability to consider changes and staff can talk to the applicant and
indicate what staff would support.
Mr. Eliopoulos expressed concern over this affecting the entire district.
Brief discussion between staff and the Commission followed.
Mayor Ellis stated she is in favor of giving the applicant a couple of weeks
in the hopes that this could be resolved by the applicant and staff with them
understanding the Commission's concerns about this text amendment.
Mr. McDuffie moved to approve Ordinance No. 31-07 on First
Reading/First Public Hearing, seconded by Mr. Eliopoulos. Upon roll call the
Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis
- Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 0 vote.
At this point, the Commission moved to Item 11, Comments and
Inquiries on Non-Agenda Items from the City Manager and the Public.
11.A. City Manaeer's response to prior public comments and inquiries.
The City Manager stated at the last meeting there were a few people
including Mrs. Finst who inquired about the project to redo the front of the Fire Station
and that is part of the Downtown Master Plan. He stated the City has a capital project for
this and the estimated cost is $377,000.00. The City Manager stated this is currently
scheduled in fiscal year 2010/2011 but because of the fiscal restraints the City is facing,
-14-
10/02/07
this is the type of capital project that will be more difficult to fund.
11.B. From the Public.
11.B.1. Alice First, 707 Place Tavant, Delray Beach, stated when she received
her agenda on Friday she came across items on the Consent Agenda (Items 8.D, 8.E.,
8.F., S.G., 8.H., and 8.I.) and she was not sure of who was giving what to whom and in
what proportion. Therefore, she decided to go to the backup on the Internet but it was not
up. She stated she searched again and found not only is the agenda posted but an
unknown number of pages from the previous meeting are also posted and you have to
skip around while searching for something. Mrs. Finst asked if on the backup search you
can search by item number (i.e. Item 9.A.) this way instead of having to search and
browse you can just find the item and go right to it.
Secondly, Mrs. Finst stated with regard to the numerous items for the
Community Redevelopment Agency (CRA) on the Consent Agenda, she asked if the
Commission could go through these items and let her know who is paying what to whom.
The City Attorney stated Mrs. Finst is welcome to call the City Attorney's
office and she will explain what the items are.
The City Manager stated staff recognizes that getting the agenda backup
now is a cumbersome process but when the paperless agenda comes up it will all be right
there. He stated hopefully the Commission will have a trial run the second meeting in
October (Workshop) and by November we should be fully operational.
At this point, the Commission moved to Item 12, First Readings.
12. FIRST READINGS:
12.A. ORDINANCE NO. 48-07: An ordinance amending Chapter 37, "Delray
Beach Code Enforcement," of the Code of Ordinances by amending Section 37.45,
"Supplemental Code Enforcement Procedures", Subsection 37.45(L), "Recovery of
Unpaid Civil Penalties; Unpaid Penalty to Constitute a Lien; Foreclosure", to provide for
the placement of liens due to unpaid citations. If passed, a second public hearing will be
scheduled for October 16, 2007.
The caption of Ordinance No. 48-07 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 37, "DELRAY BEACH CODE
ENFORCEMENT" OF THE CODE OF ORDINANCES
BY AMENDING SECTION 37.45, "SUPPLEMENTAL
CODE ENFORCEMENT PROCEDURES",
SUBSECTION 37.45(L), "RECOVERY OF UNPAID
-15-
10/02/07
CIVIL PENALTIES; UNPAID PENALTY TO
CONSTITUTE A LIEN; FORECLOSURE", TO
PROVIDE FOR THE PLACEMENT OF LIENS DUE TO
UNPAID CITATIONS; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
office.)
The official copy of Ordinance No. 48-07 is on file in the City Clerk's
The City Attorney read the caption of the ordinance and stated this
ordinance is providing for an automatic attachment of the unpaid lien to the property.
Mr. Eliopoulos moved to approve Ordinance No. 48-07 on FIRST
Reading, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows:
Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes.
Said motion passed with a 4 to 0 vote.
12.B. ORDINANCE NO. 47-07: City initiated amendment to the Land
Development Regulations (LDR), amending Section 1.4.1, "Interpretation of Land
Development Regulations", Article 2.2, "General Provisions", Sections 2.2.1, 2.2.4,
2.4.3,7.1.3,7.8.9,7.8.12,7.8.14,7.8.15,7.8.16,7.8.17, 7.8.18, 7.8.19, 7.8.20, 7.8.21, and
7.8.22 and repealing Section 2.25 and 7.8.13 to substitute "Board of Adjustment" for
"Board of Construction Appeals". If passed, a second public hearing will be scheduled
for October 16, 2007.
The caption of Ordinance No. 47-07 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CITY
OF DELRAY BEACH, BY AMENDING SECTION 1.4.1,
"INTERPRETATION OF LAND DEVELOPMENT
REGULATIONS", SUBSECTION (A), "BUILDING
REGULATIONS"; AMENDING ARTICLE 2.2,
"ESTABLISHMENT OF BOARDS HAVING
RESPONSIBILITIES FOR LAND DEVELOPMENT
REGULATIONS"; AMENDING SECTION 2.2.1,
SUBSECTION (A), "QUALIFICATIONS"; AMENDING
SECTION 2.2.4, "THE BOARD OF ADJUSTMENT", AND
REPEALING SECTION 2.2.5, "THE BOARD OF
CONSTRUCTION APPEALS", IN ORDER TO COMBINE
BOTH SECTIONS INTO A NEW SECTION 2.2.4, "THE
BOARD OF ADJUSTMENT"; AMENDING SECTIONS
2.4.3, "SUBMISSION REQUIREMENTS", SUBSECTION
(K)(1), "DEVELOPMENT APPLICATIONS", IN ORDER
-16-
10/02/07
TO REMOVE REFERENCE TO BOARD OF
CONSTRUCTION APPEALS; AMENDING SECTION
7.1.3, "BUILDING CODE", SUBSECTION (A), SECTION
7.8.9, "INVESTIGATION; NOTICE", SUBSECTION (A)(5),
SECTION 7.8.12, "STANDARDS FOR DETERMINING
ACTION TO BE TAKEN BY BUILDING OFFICIAL", AND
REPEALING SECTION 7.8.13, "PROCEDURAL
MATTERS, BOARD OF CONSTRUCTION APPEALS",
AMENDING SECTION 7.8.14, "APPEALS, GENERALLY;
BOARD OF CONSTRUCTION APPEALS", SECTION
7.8.15, "DECISIONS, GENERALLY", SECTION 7.8.16,
"APPEALS, AUTHORIZED FORM", SECTION 7.8.17,
"HEARING, FAILURE TO APPEAR AT HEARING,
BOARD OF CONSTRUCTION APPEALS", SECTION
7.8.18, "RULES OF PROCEDURE FOR HEARING
APPEALS, BOARD OF CONSTRUCTION APPEALS",
SECTION 7.8.19, "STAYING OF NOTICE UNDER
APPEAL TO BOARD OF CONSTRUCTION APPEALS",
SECTION 7.8.20, "FAILURE TO COMPLY WITH FINAL
ORDER OR DECISION", SECTION 7.8.21, "RECOVER OF
COST OF DEMOLITION; LIENS", AND SECTION 7.8.22,
"VIOLATIONS; PROVIDING FOR INDEPENDENT
JUDICIAL PROCEEDING", IN ORDER TO SUBSTITUTE
"BOARD OF ADJUSTMENT" FOR "BOARD OF
CONSTRUCTION APPEALS"; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 47-07 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance.
Mrs. Montague moved to approve Ordinance No. 47-07 on FIRST
Reading, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows:
Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. McDuffie -Yes.
Said motion passed with a 4 to 0 vote.
At this point, the time being 7:48 p.m., the Commission moved to Item
9.D, of the Regular Agenda.
9.D. REQUEST FOR IN-LIEU PARHING SPACES/DRAGONFLY
RESTAURANT: Consider a request from the Dragonfly Restaurant for the purchase of
six (6) in-lieu parking spaces in the amount of $39,000 to accommodate the conversion of
use of a historic single family residence to a restaurant. The Dragonfly Restaurant is
located at 125 N.E. 1S` Avenue. (Quasi-Judicial Hearing)
-17-
10/02/07
At this point, Commissioner Eliopoulos declared a conflict of interest and
stepped down from the dais.
Janet Whipple, Acting City Clerk, swore in those individuals who wished
to give testimony on this item.
Mayor Ellis asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose.
Scott Aronson, Parking Management Specialist, stated this is a request
from the Dragonfly Restaurant for the purchase of six (6) in-lieu parking spaces to
accommodate the conversion of use of a historic single family residence to a restaurant.
The Dragonfly Restaurant is currently located at 125 N.E. ls` Avenue has submitted an
in-lieu of parking request in association with the conversion of a historic single family
residence to restaurant. The existing structure was constructed in 1937 and relocated to
its current site in the Old School Square Historic District in 1949. There are currently
two (2) structures on the site totaling approximately 1,758 square feet. The conversion
includes the demolition of approximately 250 square feet of a rear addition to
accommodate five (5) off-street parking spaces accessed from the alley and construction
of a 316 square foot addition joining the two buildings. Due to site constraints, it is
impossible to provide more than the five (5) proposed spaces. The applicant is
requesting to purchase six (6) in-lieu parking spaces at a cost of $7,800.00 per space.
Based on the parking requirements of the Land Development Regulations (LDR) Section
4.4.24(G)(4), 6 spaces per 1,000 of total floor area, the 1,824 square foot restaurant
requires 11 spaces (1,824 x 6 = 10.94, rounding up to 11). The development proposal
includes the construction of two (2) on-street parking spaces, thus reducing the total in-
lieu fee from $46,800 to $39,000. LDR Section 4.6.9(E)(3)(e) also allows for up to 50%
credit for additional public parking spaces constructed in the right-of--way adjacent to the
property. The fee will be paid via an in-lieu of parking fee payment agreement.
The Pineapple Grove Main Street (PGMSB), Community Redevelopment
Agency (CRA) and the Parking Management Advisory Board (PMAB) reviewed the
request and all Boards recommended approval of the applicant's request. Staff
recommends approval.
Tammy Sickle, 305 N.W. 22"d Street, Delray Beach (Applicant), stated
this also went before the Historic Preservation Board and noted that she has worked in
OSSHAD before and did the Vintage Rose project. She noted she is very familiar with
the district and preserving properties. She has also done residential properties in Delray
Beach that are on the local historic register.
Mayor Ellis stated if anyone from the public would like fo speak in favor
or in opposition of the in-lieu request, to please come forward at this time. There being
no one from the public who would like to address the Commission, the public hearing
was closed.
-18-
10/02/07
There was no cross-examination or rebuttal.
The City Attorney briefly reviewed the Board Order with the Commission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
Mr. McDuffie moved to approve the Board Order as presented, seconded
by Mrs. Montague. Upon roll call the Commission voted as follows: Mrs. Montague -
Yes; Mayor Ellis -Yes; Mr. McDuffie -Yes. Said motion passed with a 3 to 0 vote.
At this point, Commissioner Eliopoulos returned to the dais.
9.E. APPOINTMENT OF OUTSIDE COUNSEL/JETPORT II LLC AND
SUN RECYCLING LLC V. THE CITY OF DELRAY BEACH AND THE
DELRAY BEACH CODE ENFORCEMENT BOARD: Consider the appointment of
the law firm of Holland & Knight, LLP as outside counsel for the City in the case of
Jetport II, LLC and Sun Recycling, LLC v. The City of Delray Beach and the Delray
Beach Code Enforcement Board, at no cost to the City.
The City Attorney stated the City of Delray Beach has been served with a
lawsuit filed by Solid Waste Systems against the City of Delray Beach. The City of
Delray Beach has a franchise agreement with Waste Management and as part of that
franchise agreement we also franchise a particular collection called construction and
demolition roll-off container removal which the previous City Commission some time
ago approved. The franchise agreement with Waste Management terminates September
2008. The City Attorney stated Solid Waste Systems wants to collect items that the City
feels are construction and demolition debris which are protected by the franchise which
they feel is recycling. In accordance with the State Statute, the City feels fairly certain
that their reading is correct and the City has a duty to protect the franchise and not allow
breaches to occur. Thus, the City of Delray Beach is being sued and Waste Management
is going to be a party to the lawsuit. Holland & Knight, LLP has agreed to represent not
only Waste Management but the City of Delray Beach at no cost in this case. Staff
recommends that the City of Delray Beach accept this offer as long as there are no
conflicts.
Mr. McDuffie moved to appoint Holland & Knight, LLP as outside
counsel for the City of Delray Beach in the case of Jetport II, LLC and Sun Recycling,
LLC v. the City of Delray Beach and the Delray Beach Code Enforcement Board,
seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mrs.
Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. McDuffie -Yes. Said
motion passed with a 4 to 0 vote.
9.F. CONTRACT AWARD/ALL-RITE PAVING CONTRACTORS
INC.: Consider approval of a contract award to All-Rite Paving Contractors, Inc. in the
amount of $135,804.50 for the construction of the west parking lot at the Delray Beach
Swim and Tennis Center Project and consider waiving the irregularity of the lack of
-19-
10/02/07
acknowledgement of Addendum No. 1. Funding is available from 117-4133-572-65.57
(Recreation Impact Fee FD/Swim and Tennis Parking Lot).
Randal Krejcarek, City Engineer, stated this is for an award of a contract
to All-Rite Paving Contractors, Inc. for the resurfacing, installation of lights, landscaping
and irrigation for the west parking lot closest to the Swim and Tennis Center. The low
bidder is $135,804.50 and part of the issue is the non-acknowledgement of Addendum
#1. For all the contracts that are bid publicly, the City holds a mandatory pre-bid meeting
and in this meeting Addendum #1 was handed out to all the bidders that were in
attendance. Therefore, if someone signs the sign-in sheet for attendance at the mandatory
pre-bid meeting then they actually received Addendum #1. Mr. Krejcarek stated staff
sent out Addendum #2 and as part of it Addendum #1 was also included in it also,
therefore they received it twice. He stated staff always sends out an addendum after the
mandatory pre-bid meeting to answer any questions that may have come up during the
meeting and staff also sends out the minutes so everyone is aware of what is going on or
what went on during the meeting. Mr. Krej carek .stated staff recommends award to the
low bidder All-Rite Paving Contractors, Inc. The difference between the first and second
bidder was $37,150.00. Staff also requests that Commission wave the irregularity of the
lack of acknowledgement of Addendum #1.
Mr. Eliopoulos asked what Addendum #1 is and if there were any cost
related items. Mr. Krejcarek stated Addendum #1 were questions related to the
construction process and how they would do the work and what the City expected.
Furthermore, he stated many of these are actually in the measurement payment were it is
explained what is included in each item that the City is paying.
Mr. McDuffie asked if this can be included in the package from now on
because he looked all over for Addendum #1 to determine what it was the Commission
was going to allow.
Mr. Krejcarek stated the City holds a mandatory pre-bid meeting and the
first time the City bid this project the bids were thrown out and then re-bid it. He stated
Addendum #1 contain some of the questions that came up during the first bidding
process. Since Addendum #1 was handed out at the mandatory pre-bid meeting staff
included it in Addendum #2. He stated as far as the quantities were concerned and the
actually bid tab in the agenda packet, Addendum #1 did not affect that at all and
everything was with Addendum #2.
Mr. McDuffie asked other than acknowledgement did it require
information back from the bidder.
Mr. Eliopoulos appreciates going with the low bidder; however, he
expressed concern over the landscaping and noted they are actually half of everyone else
and wants to make sure that we are not getting half the landscaping price wise.
-20-
10/02/07
Mr. Krejcarek stated all of the bid items have a measurement payment
paragraph that describes what the City expects to be included in that number so all
bidders are bidding on the same content.
Mr. Diaz, President of Palm Beach Building Group (second lowest bidder
for the project), stated that All-Rite Paving Contractors, Inc. is not the lowest bidder. The
City Attorney asked if they have filed a bid protest in writing and explained there is a bid
protest procedure. He stated the low bidder did not acknowledge Addendum #1 and
noted he is not a licensed contractor and does not have a Certificate of Competency in
Palm Beach County but they do have one for Broward County.
Mr. Krejcarek stated the City does not require the contractor to be a
general contractor but they do have a paving commercial license with Palm Beach
County and they also have an underground license. He stated this is correct with regard
to the comments expressed about the City throwing out the first bid. Mr. Krejcarek stated
there are restrictions on how much you can put (i.e. clearing grubbing) and if it is over a
certain percentage it warranted throwing the bids out.
Mrs. Montague asked if Mr. Krejcarek has received Addendum #1 from
the low bidder at this point. Mr. Krejcarek stated he has not received Addendum #1 from
the low bidder. Mr. Krejcarek stated the bidders submit their acknowledgements with
their bids and the City does not accept anything after that.
Mrs. Montague inquired if staff sees a potential issue that the City could
face with the contractor without a signed acknowledgement form. Mr. Krejcarek stated
he does not foresee a problem because Addendum #1 contains just questions and
answers. Mrs. Montague asked if the contractor's licenses adequately cover the scope of
work. Mr. Krejcarek stated they will be paving the parking lot and feels the contractor's
licenses adequately cover the scope of work.
Mr. Eliopoulos expressed concern that when you bid a job you have to go
by the rules and he is a little weary of waving something even though it is not directly
affected by cost. He stated other people followed the rules and he is not totally
convinced that anything should be waived.
The City Attorney explained that the bid documents and City ordinances
specify that the Commission has the power to waive irregularities. She stated the
Commission has to determine if this is unfair in any way not because someone did not do
it but what affect does that have. The City Attorney stated after this is determined and
the Commission feels that they should not waive it then the option are that they would
throw out the lowest bid because it did not meet the requirements of the bid and then they
can go with the second low bidder. Or, if the Commission does not feel the bids are
somewhat responsive they can start all over again.
-21-
10/02/07
Mr. McDuffie moved to table to the Special/Workshop Meeting of
October 9, 2007, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as
follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. McDuffie -Yes; Mrs. Montague
-Yes. Said motion passed with a 4 to 0 vote.
9.G. SPECIAL EVENT REQUEST/HOWARD ALAN 1St ANNUAL
DOWNTOWN DELRAY BEACH NEW YEAR'S EVE CRAFT FESTIVAL:
Consider an approval of a special event request to endorse the 1St Annual Downtown
Delray Beach New Year's Eve Craft Festival sponsored by Howard Alan Events, Ltd. to
be held from 10:00 a.m. to 5:00 p.m. on December 29, 2007 -December 30, 2007,
granting a temporary use permit per LDR Section 2.4.6(F) for the closure of N.W. 3Ta
Avenue from Atlantic Avenue north to the south entrance of Atlantic Grove and the
Tennis Center Parking lot, to utilize the north lot at the City Hall parking lot for vendor
parking, authorize staff support for police traffic control and security, barricading, fire
inspector services and event signage to be installed one (1) week prior to event with the
sponsor paying all overtime costs; contingent upon receipt of an executed Hold Harmless
Agreement.
Robert A. Barcinski, Assistant City Manager, stated this is a request from
Howard Alan Events, Ltd. to endorse the 1St Annual Downtown Delray Beach New
Year's Craft Festival proposed to be held on December 29-30, 2007 from 10:00 a.m. to
5:00 p.m. to grant a temporary use permit for the closure and use of N.W. 3Ta Avenue
from Atlantic Avenue north to the south entrance of Atlantic Grove and the Tennis
Center Parking lot, to provide staff support for traffic control and security, barricading
and for fire inspection services.
This is a new event; however, through consultation with City staff, the
event sponsor will utilize private security for day and night, which will minimize our
staff support costs. Total estimated City costs for this event are $1,320.00. Per event
policies and procedures, the event sponsor is responsible for the payment of all City
costs. Staff recommends endorsement of the event, granting of the temporary use permit
for the street closure on N.W. 3Ta Avenue and Tennis Center Parking lot, providing staff
assistance for security and traffic control, barricading, fire inspection services, and
allowing the event signs to be installed one week prior to the event with all overtime
costs to be paid by sponsor.
Mr. Eliopoulos moved to approve the special event request for the lsc
Annual Downtown Delray Beach New Year's Eve Craft Festival subject to staff
recommendations and conditions, seconded by Mrs. Montague. Upon roll call the
Commission voted as follows: Mr. Eliopoulos -Yes; Mr. McDuffie -Yes; Mrs.
Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 4 to 0 vote.
9.H. APPOINTMENT TO THE CODE ENFORCEMENT BOARD:
Appoint one (1) alternate member to the Code Enforcement Board for an unexpired term
ending July 14, 2010. Based upon the rotation system, the appointment will be made by
Mayor Ellis (Seat #5).
-22-
10/02/07
Mayor Ellis stated she would like to appoint Kelli Freeman as an alternate
member to the Code Enforcement Board for an unexpired term ending July 14, 2010.
Mrs. Montague so moved, seconded by Mr. Eliopoulos. Upon roll call the Commission
voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr.
Eliopoulos -Yes. Said motion passed with a 4 to vote.
At this point, the Commission moved to Item 13, Comments and Inquiries
on Non-Agenda Items.
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A. City ManaEer
The City Manager stated he had a great time in Alaska and for those who
have not been he highly recommends going.
Mayor Ellis asked the City Manager to speak on the award potential and
commented that she understands the City is eligible for the City of Excellence Award.
The City Manager stated the City has been nominated for the City of Excellence Award
and the City had an employee who was not selected as a finalist. The Awards Banquet
will be held during a luncheon at the conclusion of the Legislative Conference in
November in Orlando.
13.B. City Attornev
The City Attorney had no comments or inquiries on non-agenda items.
13.C. City Commission
13.C.1. Mr. Eliopoulos
Mr. Eliopoulos stated it was good to see Commissioner Montague along
with Susan Ruby also participating in "Walk a Child to School Day".
13.C.2. Mr. McDuffie
Mr. McDuffie stated the reason he was absent from the last meeting is
because he was in Indianapolis for his wife's High School Class Reunion and they had a
wonderful time. Mr. McDuffie stated Indianapolis (Marion County) is very much like
Duval County where they have a combined City and County Commission and a Mayor
for all of Indianapolis and Marion County. He stated he tuned into a Commission
Meeting while he was up there and noted they discussed property taxes. Mr. McDuffie
stated he read an article in the newspaper the next day and they agreed to reduce property
taxes by $50,000,000.00 in Marion County. However, they turned around and raised
personal income tax by 65%. Mr. McDuffie stated we look at property values in Florida
and many people think that it is a Florida issue but noted that housing values is a
- 23 -
10/02/07
nationwide issue except for a few small depressed areas all across the country. He stated
there may not be property tax problems all across the country, but he feels there are
certainly problems in Marion County, Indiana, as well as in the State of Florida to the
point where it brings many people out to these Commission Meetings. Mr. McDuffie
stated the value of property in Marion County is nowhere near what it is here.
Secondly, Mr. McDuffie stated he received an email he believed from the
City Manager about information he received from the Property Appraiser's office on the
percentage decrease if the proposed amendments were to have passed; and, a percent of
property tax change if those do not pass. Mr. McDuffie commented about another
statistic and stated the interesting thing is that in the City of Delray Beach if the proposed
legislation, which has now been struck down by the courts and appealed, were to pass,
47.4% percent of the property owners in the City of Delray Beach would derive zero
benefit from it.
13.C.3. Mrs. Montague
Mrs. Montague commented about the Chamber of Commerce Luminary
Gala where the Business of the Year is Ocean Properties and Small Business Person of
the Year is Nancy Stewart. Mrs. Montague extended congratulations to both of them and
stated it was a great event.
Secondly, Mrs. Montague commented about "Walk a Child to School
Day" and stated she walked with a young lady (Olivia) who has been here for three
months and is originally from Jamaica. She stated while walking, the young lady had the
opportunity to meet Commissioner Eliopoulos, Police Chief Larry Schroeder, Fire Chief
David James, and the City Attorney Susan Ruby. Mrs. Montague stated out of everyone
she met, Olivia was most impressed with the City Attorney as a role model because she
legally controls the City of Delray Beach.
Lastly, Mrs. Montague commented about the City Hall lobby
improvements. Mrs. Montague extended a special thanks to Amanda Solomon,
Telecommunications Systems Manager and Monique Burton, Customer Service Assistant
for overseeing the painting, the new fall flowers and the entire theme. Mrs. Montague
stated they have gone above and beyond in terms of S.P.I.R.I.T.
13.C.4. Mayor Ellis
Mayor Ellis stated there has been construction going on across the street
from her house for about one and one half (1 %2) years and as she left this morning to go
to the "Walk a Child to School Day" she made it two blocks and had two flat tires.
Secondly, she stated she attended the Palm Beach County Commission
Meeting today and has decided for Christmas she needs a GPS (Global Positioning
System).
-24-
10/02/07
Mayor Ellis stated the Heritage Fest was a big success last weekend.
Mayor Ellis commented about the Chamber of Commerce Gala Saturday
night and stated Jennifer Buce, Litter Prevention Coordinator, received the Ken
Ellingsworth Community Service Award.
Lastly, Mayor Ellis stated she was in the spelling bee with the Literacy
Coalition with the Mayor of Wellington and they made it four rounds.
There being no further business, Mayor Ellis declared the meeting
adjourned at 8:30 p.m.
_ )r~rc,~l A~ M,m4_o~
R City Clerk
ATT
1 ~ ~~,
MAYOR
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the Minutes of the Regular City Commission Meeting held
on October 2, 2007, which Minutes were formally approved and adopted by the City
Commission on October 16 , 2 0 0 7
~~~~
~~ City Clerk
NOTE TO READER:
If the Minutes you have received are not completed as indicated above, this means they
are not the official Minutes of the City Commission. They will become the official
Minutes only after review and approval which may involve some amendments, additions
or deletions as set forth above.
- 25 -
10/02/07
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
~cCOUNTY,~MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
' poulo s , Gary P . NAME of sonRO, couNCiL, coMMlssroN, AIIT}IORi7Y, OR CoMhtrrTEE
Delray Beach Cify Commission
UNG ADDRESS THE BOAF2D, COUNCI4 COMMISSION, AUTHORITY OR COMMtTfEE pry
DS George Bush Boulevard WHICIiISERVEISAUNrroF:
NTY COUNTY CRY O COUNTY o OTHER LOCAL AGENCY
Delray .Beach, Florida 33444 Palm Beach .. wuaEOFPOLmcnt.susayislora:
DATE ON:WHICH VOTE OCCURRED _
October 2, 2007 MYPOSmoNIS_
~7 ELECTIVE O APPOINTT/E
WHO MUST FILE-FORM 8B
This form is for use by any person serving at the county, city, or other local level of govemment on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of advisory and. non-advisory bodies. who are presented with a voting.
conflict of interest under Section i 12.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will varygreatly depending
on whether you hold an elective orappointiVe position:-For this reason, please pay Gose attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal; or other local public office MUST ABSTAIN from voting on a measure which
inures to his or her special private gainor loss. Each=elected or appointed .local officer also is prohibited from knowingly voting on a mea-
fiiG~ inures to the special gain or loss of a principal (other than a govemment agency) by whom he or she is .retained (including the
_. ~t organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
... the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
capacity.
For purposes of this taw, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publiGy stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 GAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS: e
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must- disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
"'~U INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL 8E
V:
- You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side)
CE FORM 813 - EFF. t/2000
Item 8. B„= Item 9.A.A. PAGFt
,PPOINTED :OFFICERS= (continued)
A copy. of:the form must be provided immediately to the other members of the agency:
T arm must`be read. publicly at the next meeting after the form is filed.
= YUU M~UCE NO°ATTEMPT TO lNFLUENCE.THE DECISION- EXCEPT BY DISCUSSION AT THE MEETING
You must disclose orally the nature of your coriflid in the measure: before partidpating:
You must complete the form and file it within' 15 days aftew: the vote occurs with the'persori responsible for recording thi3 minutes of.the
meeting, who must incorporate the form in the minutes: A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
Gary P. Eliopoulos ,hereby disclose that on October 2 , , ZO 07 .
~j A measure came orwill come before my agency which (check onej
inured to my special private gain or loss;
~{ inured~to~the special gain or loss'of my business associate, Krim h F.7 i nnoiil os A hi ~ , ;P A -
_ inured to the special gain or loss of my relative,
_ inured to the special gain or lass of by
whom I am retained; or
inured to thespecial,gam orloss of _. . ~ -. .: :;
_ _ hich
:.. _ w
is the parent organization or subsidiary,of a. principal which has retained me.
r)<The. measure before my:.agency and the:natore of my conflicting interest in the measure is as follows: -
October 2
date Filed
..
2007
Signature
IOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY. REQUIRED DISCLOSURE
:ONSTtTUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
iEMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
:h' `ENALTY NOT TO EXCEED $10,000.
;E FORM 88 - EFF. 112000 PAGE 2
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR.
_ COUNTY,MMUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
op ou to s , Gary P . NnME oa= BoAaD, couNCl~, coMMlssloN, AtrTFlow~rv, oR coMMmEE
Delray Beach City Commission
41UNG ADDRESS TF~ 80AR0, GOUNGL, COMMISSION, AU71i(N2nY OR COMMITTEE ON
Z05 George Bush Boulevard wftlcftlsERVEisauNtroF:
~ couNTr ~' a couNnr ^ on~R t_ocru, acelvcir
Defray Beach, Florida 33444 Palm Beach wati+EOFPOtmcA~stlsDlvlsloN:
DATE ON WHICH VOTE OCCURRED -
October 2, 2007 Mrl=osmoNls
. ~ etFCnvE a A~oINr-vE
WHO MUST FILE-FORM 8B
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of advisory and. non-advisory bodies. who are presented with a voting.
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you .have a conflict of interest will vary greatly. depending
on whether you hold an elective or appointive position: For this reason, please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
~s to his or her special private gain or loss: Eaeh elected or appointed .local-officer also is prohibited from:knowingly voting on a' mea-
avhich inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
anent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec_ 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-taw,
mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
'are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
!n addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publiGy stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS: • ~ • • •
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters- However, you
must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
~U INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL 8E
~N:
• You must complete and file this form {before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the form in the minutes- (Continued on other SidPl
CE FORM 8B - EFF. 1/2000
PAGE t
Item 9.D~
APPOINTED OFFICERS'.(continuedj
• A copy.of the form irtust be: provided immediately=to the other members of the agency:
• :form must be read. pubtidy at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT 6Y DISCUSSION AT THE MEETING:
• You must disclose orallythe nature of your conflict in the measure: before partiapating:
• You must complete the form and file it`w~thin 15 days after the vote occurs with the"person responsible for recording the minutes of:the
meeting, who must incorporate the form in the minutes. A Dopy of the form must t>e provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the farm is filed.
DISCLOSURE OF LOCAL OFFICER'S. INTEREST
1, Gary P. Eliopoulos ,hereby disclose that on October 2 ; , 20 07
(a) A measure came or wilfcome t~efore my agency which (check-one)
- inured to my special private gain or loss;
inured to~th'e spedal gain or bss of my business associate, Kiini' ' ~ F 1 i ~noi~ 1 o G' A h; s; 'P A
. ,. ,
_ inured to the spedal gain or loss of my relative,
inured to the special gain or loss of h~
whom I am retained; or
inured to the special gain or Joss of . • ~ ~ ~ - ,which
is the parent organization or subsidiary.of aprincipal which has retained me.
(b""he; measure.. before my,-:agency and the.natuce otmy conflicting interest in the measure is'as follows:
October 2, 2007
Date Filed
NOTICE: UNDER PROVISIONS OF FlORIOA STATUTES §112.317, A FAILURE TO MAKE ANY REQUlREO DISCLOSURE
CONSTITUTES GROUNDS FOR ANO MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
PENALTY NOT TO EXCEED $10,000.
CE FORM 88 - EFF. 112000 PAGE 2
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
CONDITIONAL USE MODIFICATION REQUEST FOR SOUTH COUNTY MENTAL
HEALTH CENTER
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. This conditional use modification request has come before the City
Commission on October 2, 2007.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the conditional use request for South
County Mental Health Center. All of the evidence is a part of the record in this case.
Required findings are made in accordance with Subsections I and II.
I. COMPREHENSIVE PLAN
a. Comprehensive Plan -Future Land Use Element Objective A-1/Future
Land Use Map: Is the property developed/redeveloped so that the future use and
intensity is appropriate in terms of soil, topographic, and other applicable physical
considerations, is complementary to adjacent land uses, and fulfills remaining land use
needs and is consistent with the Land Use Map?
Yes 4 No 0
b Concurrence: Objective B-2 of the Land Use Element of the
Comprehensive Plan requires that development not exceed the ability of the City to fund
:.end provide, or to require the provision of, needed capital improvements for the
following areas:
Are the concurrency requirements met as respect to water, sewer,
drainage, streets and traffic, parks, open space, solid waste and
schools?
Yes 4 No 0
I~e~~, q A
c. Consistency: Will the granting of the modification conditional use be
consistent with and further the goals and policies of the Comprehensive Plan?
Yes 4 No 0
Il. LDR REQUIREMENTS:
a. LDR Section 2.4.5(E) Required Findings• {Conditional Use}: Pursuant
to Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the conditional use will not:
Have a significantly detrimental effect upon the stability of the
neighborhood within which it will be located;
ii. Hinder development or redevelopment of nearby
properties.
Will Section 2.4.5(E)(5) be met?
Yes 4
No 0
b. REQUIRED FINDINGS RELATING TO DEVELOPMENT IN THE
COMMUNITY FACILITIES (CF) DISTRICT-
Pursuant to LDR Section 4.3.4(K):
CF Min.Lot Size Min. Min. Lot Min. Lot Min. Perimeter Max.
(sq.ft.) Lot Depth Frontage Open Landscaping Bldg.
Width (ft.) (ft.) Space Setback (ft.) Height
ft• % ft.
Re uired 0 0 0 0 25% 10 48
Provided 10.03 acres 234.36 1,266.33 234.36 67% >20' +!- 20'
Will the standards provided in the Matrix be met?
Yes 4 No 0
Pursuant to LDR Section 4.6.9(C)(6)(q), adult congregate living facilities,
residential licensed service provider facilities and nursing homes shall provide one
space for each of four beds. The proposed forty (40) beds will require ten (10)
additional parking spaces. Eighteen (18) parking spaces are being provided.
Is this requirement met?
Yes 4 No 0
2
3. The comments and notes set forth in the staff report are hereby
incorporated herein
4. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the development application request was
submitted and finds that ,its determinations as herein set forth are consistent with the
Comprehensive Plan.
5. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
6. Based on the entire record before it, the City Commission approves x
denies the conditional use modification request and hereby adopts this Order this
2nd day of October, 2007, by a vote of 4 in and 0 opposed.
Rita EII s, Vice Mayor
ATTEST:
't'Or .
' Chevelle Nubin ~ ~o Maoo7
City Clerk
3
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
CONDITIONAL USE REQUEST FOR HISTORIC DEPOT SQUARE
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. This conditional use request has come before the City Commission on
October 2, 2007. .
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the conditional use request for Historic
Depot Square.. All of the evidence is a part of the record in this case. Required findings
are made in accordance with Subsections I and II.
I. COMPREHENSIVE PLAN
a. Comprehensive Plan -Future Land Use and Map: Is the future use and
intensity of the development consistent with the future land use map and
comprehensive plan and is it appropriate in terms of soil, topographic, and other
applicable physical considerations, complementary to adjacent land uses, and fulfills
remaining land use needs?
Yes 4 No 0
b. Concurrency: Concurrency as defined pursuant to Objective B-2 of
the Land Use Element of the Comprehensive Plan must be met and a determination
made that the public facility needs of the requested land use and/or development
application will not exceed the ability of the City to fund and provide, or to require the
provision of, needed capital improvements for the following areas:
Are the Concurrency requirements met as respect to water, sewer,
drainage, streets and traffic, parks, open space, solid waste and
schools?
Yes 4 No 0
1
.i ~
I1. LDR REQUIREMENTS:
a. LDR Section 2.4.5(E) Required Findings: (Conditional Use): Pursuant
to Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the conditional use will not:
i. Have a significantly detrimental effect upon the stability of the
neighborhood within which it will be located;
ii. Hinder development or redevelopment of nearby properties.
Will Section 2.4.5(E)(5) be met?
Yes 4 No 0
b. Performance Standards for Density Increase: Does the applicant
meet the requirements set forth in Section 4.4.6(1), attached hereto, to allow a density in
excess of 6 dwelling units per acre to 12 dwelling units per acre?
Yes 4 No 0
c. Consistency with Article 4.7 (Workforce Housing): Is the development
consistent with and meets the criteria set forth in Article 4.7 (Workforce Housing) of the
LDR's in order to allow the applicant a density bonus?
Yes 4 No 0
The total density, based upon (b) and (c), is 23.93 dwelling units per acre.
3. The comments and notes set forth in the staff report are hereby
incorporated herein.
4. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the conditional use request was submitted.
5. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
2
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
6. Based on the entire record before it, the City Commission approves X
denies the conditional use request subject to conditions attached hereto and as
set forth on Pages 11, 12, 13 and 14 of the Planning and Zoning Board Staff Report
with Condition #4 modified as attached hereto and hereby adopts this Order this 2nd
day of October, 2007, by a vote of 4 in nd 0 opposed.
'ta Ellis, Mayor
ATTEST:
~o~: Chevelle Nubin io ~/a.oo~
City Clerk
3
CONDITIONS
The development proposal incorporates the following:
^ Construction of two (2) two-story buildings with a total of 90,135 square feet of office
area, and two (2) four-story buildings that contain a .total of 296 multiple family
dwelling units; afive-story 340 parking garage, and 528 surface parking spaces. The
residential portion of the development consists of 78 one-bedroom units, 170 two-
bedroom units, and 48 three-bedroom units. Seventy five (25%) of the units will be
workforce units representing 20 one-bedroom units, 43 two-bedroom units, and 12
three-bedroom units;
^ Construction of a swimming pool and garden terraces within the courtyards of the
residential buildings. Additional recreational features include a children's playroom,
teen game room, cyber cafe, and an exercise room; and
^ Relocation of the Depot Road right-of-way to the west side of the property and
construction of improvements that include landscaping, paralle{ on street parking
spaces, drive lanes, vehicular roundabout, and sidewalks.
4
CONDITIONS
1. Approval of a site plan by SPRAB that is in general conformance to the
submitted sketch plan and addresses the "Exhibit "A" -Technical Items"
attached in the staff report;
2. That a bus shelter be provided near the intersection of Lake Ida Road and
Depot Road;
3. That a letter from the Palm Beach County traffic Division indicating that the
proposed development complies with the Palm Beach County Traffic Performance
Standards Ordinance be provided; and
4. That the plans be revised to graphically note the specific units that will be reserved
for workforce housing or as otherwise approved and monitored by the City and as
set forth by restrictive covenant.
5. That floor plans for the recreational facilities be provided.
EXHIBIT "A"
TECHNICAL ITEMS
1. Pursuant to LDR Section 5.3.3(F), the water and sewer mains need to be
extended to the furthest points of the property both north and south.
2. The applicant needs to contact the Florida Department of Transportation to
determine the drainage requirements sought by the State.
3. Per LDR Section 4.3.3(00), generators are required for all interior corridor lighting
and exit signs and at feast one public elevator.
4. Per LDR Section 4.3.3(000), generators are required for all new clubhouses,
which would include the lobby/cyber cafe/game room areas.
5. The applicant needs to contact the railroad to obtain approval of the trees along
Depot Road, since the overhang of trees into the right-of-way is typically
discouraged.
6. Per LDR Section 4.6.8, the maximum illumination is 4 foot candles, which is
exceeded in the ground parking areas and the garage. The photometric plan
needs to include all stories of the garage and how the light fixtures will be
screened from off-site.
7. A hold harmless and landscape maintenance agreement will be required for the
installation and maintenance of the landscaping within the public right-of-way.
8. The on-site parallel parking lot needs to have signage that clearly indicates that it
is one-way or widened to 24 feet for two-way traffic flow.
9. Per LDR Section 6.1.8, a note needs to be added to the site plan that indicates
that all services utilities will be located underground.
10. The sound dampening measures employed by the proposed development need to
be provided with the submittal.
11. Given the shared parking, drainage, etc. the property needs to platted and
maintained as a unified development with due cross-access stipulation within the
property owners documentation. The maintenance responsibilities of the common
areas need to delineated in this documentation.
12. Per 4.6.16(H) (3) (d') the applicant shall provide a landscape barrier between the
vehicular use area and abutting property. This landscape barrier shall be not less
than five (5} feet in width. This has not been provided along a portion of the east
perimeter of the site (east of parking garage in the lot with nine (9) compact
spaces).
13. Light poles shall be centered between the proposed trees. There are conflicts
between some of the proposed site lighting and trees. Although the light poles
shall be centered between the trees, the spacing of the trees around the perimeter
of the site shall not exceed thirty (30) feet. Currently, the gaps between many of
the trees are as much as fifty (50) feet. Several of the double back-back lights are
oriented to be parallel with the landscape strips that separate the parking rows. If
the heads are rotated to be perpendicular to the landscape strips, there would be
less interference with the tree canopies.
14.. There are other conflicts between proposed utilities (fire hydrant, water lines, etc.)
and landscaping. In addition, some of the trees and other landscaping are shown
within utility easements. Per 4.6.16(H) (3) (o) landscaping may be permitted in
easements only with the written permission of the easement holder. Written
permission shall be submitted as part of the site plan or landscape plan review.
15. Per 4.6.16(H) (3) (i) landscape islands shall contain a minimum of seventy-five
(75) square feet of plant able area, with a minimum dimension of five (5) feet,
exclusive of the required curb. A note on the plan indicated that the typical island
width is six (6) feet inclusive of the curb but some of the islands did not meet this
requirement.
16. The proposed hedge adjacent to the parking lot along the west side of the
`Business A Building' and-the hedge adjacent to the parking lot (by the triangular
retention area) along the east side of that building are not necessary. There is
ample screening of the vehicular use areas from the plantings along the property
lines. If the hedges adjacent to the vehicular use area are eliminated, there will be
abetter vista of the landscape instead of hiding it.
17. The applicant shall provide the visibility triangles on the landscape plan and add a
note to the plan that requires all plantings within the visibility triangles to be
installed and maintained at a height not to exceed 36 inches. Some of the
proposed plant material may need to be eliminated.
18. The list of Sabal palms to be relocated shown on Sheet TS-1 references Sheet LP-
1 for the new locations. Some of them can be found on Sheets LP-4 & LP-5 but
not on Sheet LP-1. Not all of the palms to be relocated can be found on any of the
plans. The plant list only shows the new palms but does not reflect the palms to be
relocated. The applicant shall show all of the new locations and make the
necessary corrections.
19. FDOT permits are required for this project. Submit copy of FDOT pre-application
letter to City Engineer.
20. Provide existing elevations on existing roadway including edge of pavement and
center line.
21. Provide finished floor elevation. If finished floor elevation is less than 18-inches
above centerline of adjacent road a certification is required from a professional
registered engineer stating that the property has adequate drainage to ensure that
flooding will not occur in a 100-year storm event. LDR Section 7.1.3 (B) (2).
22. Site is required to retain 5 year 1 hour storm (3.2") in addition to meeting water
quality criteria (1"). Provide signed and sealed drainage calculations and indicate
how storm water will be retained on site. See LDR Section 2.4.3 (D) (4) and (7).
23. Clearly dimension driveway width. Maximum driveway width of driveway is 24
feet.
24. Clearly indicate limits of right of way and center line of the right-of-way of any
adjacent streets per LDR Section 2.4.3(B)(5).
25. Provide location of existing water service on engineering plans.
26. Indicate where proposed water main will connect to existing water main east of I-
95.
27. Minimum size of water main in City of Delray Beach is 8-inches. Material of
proposed water main is to be Ductile Iron Pipe or C-900.
28. Provide double valves at connection points.
29. Provide copy of Palm Beach City Well Permit required for irrigation.
30. Irrigation system needs to be designed so it can be converted to reclaimed water
when made available. Verify requirements with Public Utilities.
31. Provide exclusive 12-feet water and sewer easements over water and sewer
mains.
32. Indicate typical configuration and {ocation of proposed sewer services with
cleanouts. A cleanout will be required on the existing sewer service at a maximum
distance of 18-inches from the right-of way line and/or easement line.
33. Indicate how existing building will be served with water & sewer.
34. Provide larger splitter islands at roundabout.
35. Provide on the detail sheet City of Delray Beach Standard Detail WW 4.1, WW 5.1
or 5.2 (which ever is applicable).
36. Provide the following note on both the Engineering Plans and the Landscape
Plans that, "any trees or shrubs. placed within water, sewer or drainage easements
shall conform to the City of Delray Beach Standard Details; LD 1.1 & LD 1.2."
These Details are to be shown on the Landscape Plans.
37. Show and clearly label all easements on Landscape Plans.
38. A minimum 10-feet general utility easement is to be provided through the property.
39. Provide location of proposed street lights and address responsibility for installation
and maintenance per LDR 2.4.3 (D) (6).
40. That a covenant be submitted for approval by the City Attorney's Office and
recorded.
41. Due to the parking area at the entrance to the garage and resulting pedestrian
activity, a tactile warning devise should be installed at the exit from the garage.
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
WAIVER REQUEST FOR CALVARY BIBLE ALLIANCE CHURCH
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. This waiver request has come before the City Commission on October 2,
2007.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the waiver requests. for Calvary Bible
Alliance Church. All of the evidence is a part of the record in this case. Required
findings are made in accordance with Subsection I.
f. WAIVERS:
Pursuant to LDR Section 6.1.2(A)(2), concurrent, or prior to, construction associated with an
approved development application, the development shall provide for the construction of
improvements as identified in Section 5.3.1 {C) and off-site improvements to the following extent:
When the street or alley is located on a boundary of the project, the project is responsible for
providing one-half of the current cost (in cash funds) of such improvements along its property
line. The SW 8~h Avenue and SW 9th Avenue rights-of-way are currently unimproved. With
respect to SW 8 Avenue, the City is currently creating a local assessment district which will
require adjacent property owners to pay for the paving improvements on a frontage basis. The
City will improve the SW 8tt' Avenue right-of--way concurrently with the subject development
proposal. The applicant has submitted a waiver request from the requirement to contribute
half of the cost of improvement of SW 9th Avenue.
Pursuant to LDR Section 4.6.9(D){3)(c)(1), a 50-foot stacking distance between the right-of-way
and the first parking space/aisleway is required along SW 11 ~'' Street while 32 feet is provided.
The applicant has submitted a waiver request to reduce the stacking distance to 32 feet.
Pursuant to LDR Section 2.4.7(6)(5), prior to granting a waiver, the approving body
shall make a finding that the granting of the waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of public facilities;
(c) Shall not create an unsafe situation; and,
(d) Does not result in the grant of a special privilege in that the same waiver would
be granted under similar circumstances on other property for another applicant or
owner.
Should the waiver of Section 6.1.2(A)(2) be granted?
Yes 0 No 4
1
l+em q.C
Should the requirements of Section 6.1.2 (A) (2) be deferred until such
time the City may, in its sole discretion, request the Applicant comply with
this Section at some future date.
Yes 4 No 0
*subject to Deferral Agreement
Would the waiver of Section 4.6.9(D)(3)(c)(1) comply with the requirements of
2.4.7(8)(5)?
Yes 4 No 0
3. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the original development application was
submitted and finds that its determinations set forth in this Order are consistent with the
Comprehensive Plan.
4. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
5. Based on the entire record before it, the City Commission approves X
denies the waiver request and deferral to LDR Sections 6.1.2(A)(2) and
4.6.9(D)(3)(c)(1).
6. Based on the entire record before it, the City Commission hereby adopts
this Order this 2"d day of October, 2007, by a vote of 4 in favor and 0
opposed.
ATTEST: Rita Ellis, Mayor
~~~ Chevelle Nubin, City C erk ~q/eq~aod~
2