12-11-07 Minutes RegDECEMBER 11, 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 6:02 p.m., Tuesday, December 11, 2007.
1. Roll call showed:
Present - Commissioner Gary Eliopoulos
Commissioner Fred B. Fetzer
Commissioner Woodie McDuffie
Commissioner Brenda B. Montague
Mayor Rita Ellis
Absent - None
Also present were - David T. Harden, City Manager
Robert A. Bazcinski, Assistant City Manager
Susan A. Ruby, City Attorney
Terrill Pybum, Assistant City Attorney
Brian Shutt, Assistant City Attomey
Chevelle D. Nubin, City Clerk
2. The opening prayer was delivered by Reverend Nancy McCarthy with the
Delray Beach Clergy Association.
3. The Pledge of Allegiance to the flag of the United States of America was
given.
4. AGENDA APPROVAL.
Mayor Ellis noted the addition of Item 8.5.6., Bid Award/Ron Bell, Inc.
to the Consent Agenda and Item 9.U., Purchase Award/MWI Coraoration to the
Regular Agenda by addendum.
Mayor Ellis stated for Item 9.A., Appeal of Site Plan Review and
Appearance Board Decision/Pediatrics By The Sea and Item 9.B., Waiver
Requests/Pediatrics By The Sea there will be one Quasi-Judicial Hearing and two
votes. Also, she stated Item 9.G., Waiver Requests/Community Land Trust, Inc. will
be one hearing and there will be four votes.; Item 9.H., Waiver Reguest/Spady
Cultural Complex and Item 9.I., Conditional Use Extension Reauest/Spady Cultural
Complex will be one hearing and two votes; Item 10.A., Ordinance No. 46-07 will be
one hearing and three votes.
12/11/07
Mr. Eliopoulos moved to approve the Agenda as amended, seconded by
Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr.
McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said
motion passed with a 5 to 0 vote.
5. APPROVAL OF MINUTES:
Mr. McDuffie moved to approve the Minutes of the Regular Meeting of
November 6, 2007, seconded by Mrs. Montague. Upon roll call the Commission voted as
follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos
- Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote.
Mr. Fetzer moved to approve the Minutes of the Regulaz Meeting of
November 20, 2007, seconded by Mr. Eliopoulos. Upon roll call the Commission voted
as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer
-Yes; Mr. McDuffie -Yes. Said motion passed with a 5 to 0 vote.
6. PROCLAMATIONS:
6.A. Martin Luther King, Jr. Day - January 21, 2008
Mayor Ellis read and presented a proclamation hereby proclaiming
January 21, 2008 as Martin Luther King, Jr. Day in the City of Delray Beach. Lillian
Strainge came forward to accept the proclamation and gave a few brief comments.
7. PRESENTATIONS:
7.A. RESOLUTION NO. 68-07: RecoanizinE and Commending Captain
Mark S. Davis for 30 years of dedicated service to the City of Delray Beach
The caption of Resolution No. 68-07 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING
AND COMMENDING MARK S. DAVIS FOR THIRTY
YEARS OF DEDICATED SERVICE TO THE CITY OF
DELRAY BEACH.
(The official copy of Resolution No. 68-07 is on file in the City Clerk's
office.)
Mayor Ellis read and presented Resolution No. 68-07 recognizing and
commending (Retired) Captain Mazk S. Davis for thirty (30) years of dedicated service to
the City of Delray Beach. Captain Mazk Davis came forward to accept the resolution and
gave a few brief comments.
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7_B. City of Delray Beach Residents' Academy Certificates -Janet Meeks
Janet Meeks, Education Coordinator, stated on behalf of the City of
Delray Beach, she traveled to Tampa last Friday to collect an award. She stated the
award was given by SSPRA (Sunshine State School Public Relations Association) and it
was the "Leading Light Award" for the Eagle's Nest Project.
Secondly, Mayor Ellis presented certificates to the members of the 12`n
Graduating Class of the Residents Academy. Mrs. Meeks stated the next session will
begin March 2008.
7_C. Chiefs Achievement Award for the Delray Beach Police Deuartment
Dive Team -Chief Schroeder
Mayor Ellis stated the following members of the Delray Beach Police
Department Dive Team will receive the Chief's Achievement Awazd: James
Wintemute, Joseph Hart, Glen Rashkind, Steve Hynes, and Robert Harris.
Larry Schroeder, Police Chief, thanked the City Commission for allowing
the Police Department to share this recognition. He stated the Chief's Achievement
Award is one of the highest awards that can be given at the Police Department and it is
given for exceptional service towards the Police Department and the community. Chief
Schroeder recognized the Delray Beach Police Department Dive Team for its many
accomplishments and recognized Detective James Wintemute, Dive Team Leader.
8. CONSENT AGENDA: City Manager Recommends Approval.
8_A. RATIFICATION OF THE APPOINTMENTS TO THE I{IDS AND
COPS COMMITTEE: Approve and ratify certain appointments to the Kids and Cops
Committee to serve two (2) year terms ending November 30, 2009.
8_B. RESOLUTION NO. 69-07/ALTERNATIVE WATER SUPPLY
GRANT/SOUTH FLORIDA WATER MANAGEMENT DISTRICT (SFWMD):
Approve and adopt Resolution No. 69-07 authorizing execution of an Alternative Water
Supply Grant Agreement with the South Florida Water Management District (SFWMD)
for funding in the amount of $619,700.00 for the construction of the Area 4 Reclaimed
Water Transmission System Project.
The caption of Resolution No. 69-07 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, APPROVING
THE SFWMD 2007-2008 ALTERNATIVE WATER
SUPPLY FUNDING PROGRAM AGREEMENT AND
AUTHORIZING THE EXECUTION OF THE
AGREEMENT.
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12/11/07
(The official copy of Resolution No. 69-07 is on file in the City Clerk's
office.)
8.C. RATE ADJUSTMENTS/AMENDMENT NO. 6/DAVID MILLER
AND ASSOCIATES. INC.: Approve Amendment No. 6 to David Miller and
Associates, Inc. Architectural Services Agreement Section VII(A)(2)(a) to adjust the
hourly rates by five percent (5%).
8.D. STATE HOUSING INITIATIVE PARTNERSHIP (SHIP)
ALLOCATION FOR FY 2007-2008 RECAPTURED FUNDS: Approve and
authorize the City to allocate the recaptured funds for FY 2007-2008 for the purchase of
existing and/or construction of new single family homes, townhouses and condominiums
in partnership with a participating Community Development Corporation (CDC) and/or
eligible non-profit organizations. Funding is available from 118-1924-554-49.20 (State
Housing Initiatives Partnership).
8.E. AMENDMENT/MEMORANDUM OF AGREEMENT (MOAT/
NEIGHBORHOOD RESOURCE CENTER/UNITED WAY PROSPERITY
CENTER: Approve an amendment to the Memorandum of Agreement (MOA) with the
United Way of Palm Beach County (UWPBC) for the Prosperity Center at the
Neighborhood Resource Center providing that the City will fund a one (1) time grant in
the amount of $22,000.00 in support of the Prosperity Center Manager position for FY
2007/2008.
8.F. AMENDMENT TO AGREEMENT/ACHIEVEMENT CENTERS
FOR CHILDREN AND FAMILIES: Approve an Amendment to the agreement
between the City and the Achievement Centers for Children and Families (ACCF), to
include funding in the amount of $52,000.00 for the teen program provided through the
Parks and Recreation Department for FY 2007/2008. Funding is available from 001-
4111-572-83.01 (General Fund/Other Grants and Aids).
8.G. REQUEST FOR SIDEWALK DEFERRAL/1516 LAKE DRIVE:
Approve a request to defer the installation of a sidewalk in front of 1516 Lake Drive.
8.H. FINAL SUBDIVISION PLAT APPROVAL/OLD SCHOOL
SQUARE PARKING GARAGE AND PARK SITE PLAT: Approve the subdivision
plat for the Old School Square Pazking Garage and Pazk Site Plat, located in Block 76
and bounded by an alley on the south, N.E. 151 Avenue on the west, N.E. 151 Street on the
north and Pineapple Grove Way (N.E. 2"d Avenue on the east).
8.I. SERVICE AUTHORIZATION NO. 04-01.5/CH2M HILL. INC.:
Approve Service Authorization No. 04-01.5 (Amendment 5 to Service Authorization No.
1) to CH2M Hill, Inc. in the amount of $12,211.00 for professional engineering services
in identifying pre-treatment options for removing contaminants from the Aquifer Storage
and Recovery Well. Funding is available from 442-5178-536-46.90 (Water/Sewer
Renewal & Replacement Fund/Other Repair & Maintenance Costs).
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8_J. CDBG CONSOLIDATED ANNUAL PERFORMANCE AND
EVALUATION REPORT (CAPER): Approve the Community Development Block
Grant (CDBG) Consolidated Annual Performance and Evaluation Report (CAPER) for
FY 2006-2007 as required by the U.S. Department of Housing and Urban Development.
8_K. HOUSING REHABILITATION GRANT/CONTRACT AWARD:
Approve a Housing Rehabilitation grant/contract award to Master Contractors, Inc. in the
amount of $21,614.25. Funding is available from 118-1963-554-49.19 (Community
Development Fund/Housing Rehabilitation); and approve a waiver request to the
Neighborhood Services Division's approved Policies and Procedures that limits bid
awazds to be within ten percent (10%) of the in-house estimate.
8_L. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUB-
RECIPIENT FUNDING AGREEMENT/URBAN LEAGUE OF PALM BEACH
COUNTY: Approve and authorize the execution of a funding agreement with one (1)
sub-recipient (the Urban League of Palm Beach County, Inc.) under the Community
Development Block Grant (CDBG) program for FY 2007-2008, with the total funding in
the amount of $7,410.00. Funding is available from 118-1966-554-83.01 (Community
Development Fund/Other Grants and Aids).
8.M. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUB-
RECIPIENT FUNDING AGREEMENT/ACHIEVEMENT CENTERS FOR
CHILDREN AND FAMILIES: Approve and authorize the execution of a funding
agreement with one (1) sub-recipient (Community Child Care Center d/b/a Achievement
Centers for Children and Families) under the Community Development Block Grant
(CDBG) program for FY 2007-2008, with the total funding in the amount of $75,000.00.
Funding is available from 118-1966-554-83.01 (Community Development
Fund/Comrnunity Child Caze Center).
8_N. RESOLUTION NO. 70-07/FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOTI/LANDSCAPE IMPROVEMENTS: Approve a
Memorandum of Agreement (MOA) with the Florida Department of Transportation
(FDOT) for the maintenance of landscaping along SR 806 (E/W Atlantic Avenue) from
S.W./N.W. 12`h Avenue to SR AlA; and approve Resolution No. 70-07.
The caption of Resolution No. 70-07 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, APPROVING
THE MAINTENANCE MEMORANDUM OF
AGREEMENT FOR IMPROVEMENTS AND
MAINTENANCE TO AREAS LOCATED IN THE
RIGHT-OF-WAY OF WEST ATLANTIC AVENUE
FROM I-95 TO THE BEACH AND AUTHORIZING THE
EXECUTION OF THE AGREEMENT.
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(The official copy of Resolution No. 70-07 is on file in the City Clerk's
office.)
8.0. SPECIAL L~'Vr;N'1' HLV UEJI/AKl 6c JAGG V1V 1riL~ AVl',1VUL':
Approve a special event request for the Art & Jazz on the Avenue scheduled for January
17, 2008 from 6:00 p.m. to 10:00 p.m.; granting a temporary use permit per LDR Section
2.4.6(F) for the closure of Atlantic Avenue from Swinton Avenue to the west side of
N.E./S.E. 7"' Avenue, Railroad Avenue from Atlantic north to north side of the east/west
alley, and to the alleys north and south of Atlantic on N.E./S.E. 1S` Avenue, N.E./S.E. 2"d
Avenue, S.E. 3`d Avenue, N.E./S.E. 4`s Avenue, and authorize staff support for security
and traffic control, banner hanging/removal, barricade set-up/removal, trash removal,
clean up assistance, and with payment of costs to the City per the agreement between the
City and the Downtown Mazketing Cooperative.
8.P. CONTRACT RENEWAL/HB ACTUARIAL SERVICES, INC.:
Approve renewal of an agreement with HB Actuarial Services, Inc. in the amount of
$12,000.00 for professional services related to property and casualty insurance. Funding
is available from 551-1575-591-31.90 (Business Insurance Fund/Other Professional
Services).
8~. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards for
the period from November 19, 2007 through November 30, 2007.
8.R. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards for
the period from December 3, 2007 through December 7, 2007.
8.5. AWARD OF BIDS AND CONTRACTS:
1. Contract awazd to RSI of Florida in the amount of $174,993.00 for
the Fire Station No. 2 Re-Roofing Project. Funding is available
from 334-6112-522-46.15 (General Construction Fund/Roof
Repair-Fire Station).
2. Contract award to Total Quality Construction Services, Inc. in the
amount of $156,727.74 for the construction of the west parking lot
at the Delray Beach Swim and Tennis Center. Funding is available
from 117-4133-572-65.57 (Recreation hnpact Fee Fund/Swim and
Tennis Parking Lot).
3. Purchase awazd to The Armored Group, LLC in the amount of
$96,335.00 for the purchase of a new SWAT truck for the Delray
Beach Police Department. Funding is available from 501-3312-
591-64.20 (Central Gazage Fund/Automotive).
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4. Purchase award to Chaz Equipment Inc. in the amount of
$50,000.00 for Sanitary Sewer Manhole Rehabilitation under the
terms and conditions of the current annual contract. Funding is
available from 442-5178-536-63.82 (Water/Sewer Renewal &
Replacement Fund/Sanitazy Sewer Manhole Rehabilitation).
5. Purchase award to Line-Tec, Inc. in the amount of $25,000.00 for
the Water Service Relocations. Funding is available from 442-
5178-536-65.17 (Water/Sewer Renewal & Replacement
Fund/Water Service Relocations).
6. Bid awazd to Ron Bell, Inc., the lowest bidder, in the amount of
$20,780.00 for the replacement of the roof over the living quarters
at Fire Station No. 5. Funding is available from 001-2311-522-
46.10 (General FundBuilding Maintenance).
Mr. McDuffie moved to approve the Consent Agenda as amended,
seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mayor
Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs.
Montague -Yes. Said motion passed with a 5 to 0 vote.
9. REGULAR AGENDA:
9_A. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD
DECISION/PEDIATRICS BY THE SEA: Consider an appeal of the Site Plan Review
and Appearance Boazd's decision regarding the building elevations associated with the
Class IV site plan modification for Pediatrics By The Sea, located at 285 S.E. 5`h Avenue.
(Quasi-Judicial Hearia~
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 Hearings.
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor Ellis asked the Commission to disclose their ex parte
communications. Mr. McDuffie stated he had no ex parte communications. Mrs.
Montague stated she met with the applicant. Mr. Eliopoulos stated he too met with the
applicant. Mr. Fetzer stated he met with the building owner who is the applicant.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Deparhnent project file #2007-188 into the record.
Mr. Dorling stated this is two items. One is the appeal of the Site Plan
Review and Appearance Boazd (SPRAB) action of November 14, 2007. At that meeting,
SPRAB recommended approval of the landscape plan as well as the site plan. However,
SPRAB was split with a 3 to 3 vote (no action/non-approval) on the elevations.
Therefore, the applicant has now appealed that non-approval to the City Commission.
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The property is located at the northeast corner of S.E. 3`d Street and S.E. 5`h Avenue
(southbound Federal Highway) and is in addition to an existing medical office building at
that location. During their deliberations, the Boazd members expressed concern over the
building elevations as it related to galvanized corrugated metal panels that were to be on
the facade. Staff recommended that this be another treatment and hazdi-plank was agreed
to by the applicant and revised elevations have been submitted showing that. However,
Mr. Dorling stated even with the agreement to do that, the three members of SPRAB
continued to not recommend approval feeling that the resulting elevations were not
harmonious with the building.
He stated there aze two azchitects on the Board and this also went to the
Community Redevelopment Agency (CRA) which agreed with the staff recommendation
that the material be changed. The applicant has agreed to do that and this is attached as a
conditional of approval in staff's recommendation. At its meeting of November 12,
2007, the Downtown Development Authority (DDA) recommended approval of the site
plan modification.
Mr. Dorling stated along with this appeal there are five waivers and those
waivers are contained under the Agenda Item 9.B. and those aze to LDR Section
4.4.13(F)(1)(a) relating to the overall height of the building being a minimum of 25 feet;
15 feet is being proposed with this development; another waiver is requested for LDR
Section 4.4.13(F)(4)(f)(1) relating to the front setback azea that is required to be finished
with paving materials with planned sidewalks within the adjacent right-of--way; a waiver
to LDR Section 6.1.8 that requires the utility facilities to be located on the ground
throughout the site. Another waiver to 4.6.18(B)(14)(iv)(2) which talks about having a
minimum of seventy-five percent (75%) of a wall azea of an elevation in glass and then a
waiver to LDR Section 4.6.14, which requires a 40-foot visibility triangle at the
intersection of S.E. 3`d Street and 5`" Street. He stated there is an analysis of each of
those waivers in the backup and a recommendation of approval for each. Staff
recommends approval of the five (5) waivers as well as the elevation subject to the
condition that the material be changed from a metal to a hazdi-plank siding.
The City Manager inquired if the site triangle waiver is still subject to
receiving something in writing from Florida. Department of Transportation (FDOT) and
that the site triangle meets their standazds. In response, Mr. Dorling stated that is correct
and this has not yet been received but if the Commission agrees to that waiver then it
would have to be subject to confirmation from FDOT.
Mayor Ellis stated if anyone from the public would like to speak in favor
or in opposition of the appeal, to please come forwazd at this time.
Chevelle D. Nubin, City Clerk, swore in the following individuals:
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Kenneth Kaltman (Applicant), stated he appeared in front of the SPRAB
and there were some issues with regard to the siding. Mr. Kaltman stated he would like
the Commission to consider their new drawing and noted they are below the height
restriction.
At this point, Mr. Dorling handed out copies of the new elevations to the
Commission.
Mrs. Montague stated she is very pleased to see the new drawings and see
that the addition is going to match the two buildings. She stated at the point in time that
the applicant replaces the roof of the original structure, she would like to see it match the
new structure at the end of the life of the present roof. The applicant concurred with Mrs.
Montague. Mr. Kaltman stated they would like to also match the siding and replace it as
well and replace the existing siding at some point if that becomes necessazy with a
similar type of siding (i.e. stucco that would look like a planking as seen on some of the
Ironwood Properties). The City Attomey stated that would be an amendment to this
elevation so it would have to go back to SPRAB or at least be reviewed by staff.
Alice Finst. 707 Place Tavant, Delray Beach, briefly commented about
the elevations.
There being no one else from the public who wished to address the
Commission regarding the appeal or the waiver requests, the public hearing was closed.
There was no cross-examination or rebuttal.
The City Attorney briefly reviewed the Boazd Order with the Commission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
At this point, the City Attorney noted that the appeal is approved subject
to condition "A".
Mr. Fetzer moved to adopt the Boazd Order as presented, seconded by Mr.
Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr.
Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said
motion passed with a 5 to 0 vote.
9_B. WAIVER REQUESTS/PEDIATRICS BY THE SEA: Consider a
request for waivers associated with the Class N Site Plan Modification for Pediatrics By
The Sea located at the northeast comer of S.E. 5~' Avenue and S.E. 3`d Street (285 S.E. 5"'
Avenue). (Quasi-Judicial Hearinp~
The City Attomey briefly reviewed the Board Order with the Commission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
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At this point, the City Attorney stated that the waiver requests aze
approved subject to the site visibility triangle receiving Florida Department of
Transportation (FDOT) approval as well.
Mrs. Montague moved to adopt the Boazd Order as presented, seconded
by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes;
Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes.
Said motion passed with a 5 to 0 vote.
9.C. WAIVER REQUESTS/ONNEN DISASTER AND RECOVERY
CENTER: Consider a request for waivers associated with the Class N site plan
modification for Onnen Disaster and Recovery Center, located at 234 N.E. 4`" Avenue.
(Quasi-Judicial Hearin
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor Ellis asked the Commission to disclose their ex parte
communications. Commissioner Eliopoulos, Commissioner Fetzer, Commissioner
McDuffie, and Commissioner Montague stated they had no ex pane communications to
disclose. Mayor Ellis stated she spoke with Tim Onnen.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
.Zoning Department project file #2007-226 into the record.
Mr. Dorling stated the site is located north of N.E. 2"d Street on the east
side of the railroad tracks and noted this was considered by the Site Plan Review and
Appeazance Board (SPRAB) on November 14, 2007 who approved both the site plan and
the landscape plan, as well as the elevations. As part of that, there was consideration of
three waivers. The development proposal consists of the redevelopment of the existing
two-story 3,032 square foot building which results in the addition of 6,362 square feet of
floor area (9,394 square feet total) and a three bedroom dwelling unit in a four-story
building. The three waivers that were approved by SPRAB aze: (1) LDR Section
4.4.13(F)(4)(f)(1), which requires that the front setback area be finished with paving
materials to match the existing or planned sidewalks within the adjacent right-of--way, (2)
LDR Section 4.6.14(A)(1), which requires a 20-foot visibility triangle at the intersection
of the driveways and N.E. 4`h Avenue, and (3) LDR Section 4.6.18(B)(14)(iv)(2), which
requires that a minimum transparency or glass surface area on the ground floor wall area
on all non-residential and mixed-use buildings shall be a minimum of seventy-five
percent (75%) of the wall azea for that elevation.
Mr. Dorling stated the front setback area finished with paving materials is
a requirement that applies to the downtown area where we desire sidewalks that are
adjacent or in the right-of--way to be extending towazds the buildings and these do not
exist in this azea and at this time aze not planned. The site visibility triangle relates to
their driveway onto 4`h Avenue which is a minimally traveled street system. Mr. Dorling
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reiterated that SPRAB recommended approval of these three waivers and staff
recommends approval as well.
Paul Slattery. Slattery & Associates Architects Plauuers, stated he has
some additional exhibits of the same graphics if the Commission Gazes to see them and he
is available for any questions as well.
Mr. Eliopoulos asked if this is an addition or are they proposing to
demolish it. Mr. Slattery stated they are going to be demolishing the majority of it.
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, the public hearing was closed.
The City Attomey briefly reviewed the Board Order with the Commission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
At this point, the City Attorney stated the Commission approves the
waiver requests.
Mr. McDuffie moved to adopt the Boazd Order as presented, seconded by
Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes;
Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said
motion passed with a 5 to 0 vote.
9.D. CONDITIONAL USE 12EOUEST/WAL-MART: Consider a
conditional use request to allow the establishment of a 24-hour or late night business for
Wal-Mart, located on the west side of Military Trail, approximately 650 feet south of
Linton Boulevazd (16205 South Military Trail). (Quasi-Judicial Hearing)
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor Ellis asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2007-361 into the record.
Mr. Dorling stated this is a consideration for a conditional use and there is
a related site plan and if this conditional use is approved, the site plan would have to go
to the SPRAB. This conditional use is to establish a 24-hour or late night business for
Wal-Mart pursuant to LDR Section 2.4.5(E). He stated this is 11.78 acres and was
annexed into the City of Delray Beach on August 22, 1989 and is zoned PC (Planned
Commercial). The hours of operation for the existing Wal-Mart are from 7:00 a.m. to
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10:00 p.m., seven days a week. The request is to extend the operation to 24 hours a day,
seven days a week. The applicant has also submitted a site plan modification to improve
the driveway entrance, landscaping, building expansion for a loading dock and vestibule
consisting of 2,558 squaze feet, an outdoor employee break area, and building elevations.
At its meeting of November 19, 2007, the Planning and Zoning Boazd
considered the conditional use request and recommended approval with a 6 to 0 vote
subject to the conditions of approval as noted in the attached Planning and Zoning Board
Staff Report dated November 19, 2007. As part of this submission, there is an upgraded
lighting plan and there are approximately fi8y 400 watt overhead lighting fixtures on
several additional poles. Mr. Dorling stated there aze conditions of approval and there aze
some additional requirements for cameras to provide camera coverage to the reaz of the
building and to the loading dock area. These would be conditions of the site plan
approval which would continue if this conditional use is approved and even if not
approved, they aze committed to doing some improvements to the site. Staff
recommends approval.
Susan Motley, Attorney representing Wal-Mart, stated this request is
related to a conversion of this store to a super center. She stated this is an older general
merchandise store that is in need of some refurbishment and improvements. She gave a
brief PowerPoint presentation and discussed the project. Ms. Motley entered the
PowerPoint presentation into the record and stated she believes they meet all of the
requirements for approval of this use.
Mr. Eliopoulos asked what the square footage is for this building. In
response, Ms. Motley stated the current squaze footage for the building is 121,762 squaze
feet (existing building and the covered garden center area) and would therefore increase
to 124,320.
Mayor Ellis asked what the timetable is for the conversion. Ms. Motley
stated as soon as they can get this approved they will be starting. Therefore, Mayor Ellis
stated the conversion is contingent upon the 24-how approval. Ms. Motley stated it is an
important aspect of it but Wal-Mart has made a commitment to the community to
upgrade this store.
Mrs. Montague stated asked if the gas station is included. Ms. Motley
stated the gas station is not owned by Wal-Mart. Mrs. Montague asked if the
entranceway is being re-landscaped.
Mr. McDuffie inquired about the internal and external cameras operating
24-hows a day. Ms. Motley stated one of the things that staff is conditioning their
recommendation on is that these cameras cover the entire property. She stated there aze
some cameras there now; however, these cameras will all be upgraded and they will have
to show to the City's building inspectors that there is coverage throughout the site. She
stated they also have a security firm that operates now on-site from 10:00 p.m. - 3:00
a.m. City staff is asking that the secwity be continued through the night hows and the
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applicant is in agreement with this condition.
The City Attorney asked when the outside security will start. Ms. Motley
stated they will not be operating on a 24-hour basis until they make the changes to the
conversion to the super center. Ms. Motley stated they will be operating from 7:00 p.m.
until sunrise.
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 forwazd at this time.
At this point, Chevelle D. Nubin, City Clerk, swore in the following
individual:
Dr. Joseah Provenzano, 1921 S.W. 36`~ Avenue, Delrav Beach, stated
he is glad that they are going to be doing this because the colors will be nicer and feels it
will improve the appearance; however, directly across the street there is a stop light and a
medical complex that is currently only two lanes (one lane coming out and one lane
going in). He stated the stated they are going to be butting up against four lanes (one
coming in and three going out) and asked if the light will have to be changed whereas
like on US-1 and Linton Boulevazd where only one lane of traffic can move at a time.
Dr. Provenzano expressed concern over the ingress and egress from the medical complex
because there aze a lot of doctors who depend on their livelihood in that intersection. He
also expressed concern over the length of the lights because the traffic lights along Linton
Boulevard and Military Trail are pretty long now.
There being no one else from the public who wished to address the
Commission regazding the conditional use, the public hearing was closed.
Adam Kerr, Traffic Consultant with Kimlev-Horn and Associates,
Inc•, stated when an intersection is redesigned with this type of configuration on the west
side, you would re-time the signal. He stated it is referred to as what is called "split
phase" which means that all of the traffic coming out of Wal-Mart would exit at once and
then all of the traffic from the other side of the road would exit at once and then the
traffic on Military Trail would go. Mr. Ken stated with this type of configuration there
should not be traffic coming out of the medical complex and Wal-Mart at the same time.
He stated when it is redesigned, the Palm Beach County Traffic Division will maintain
the signal and when they assume maintenance of the signal they would re-time it and
allocate the green time based on the traffic volumes.
Mrs. Montague stated she has a number of concerns because she is not a
fan of 24-hour facilities even though she feels with the medical facility and the hospital
neazby, etc. it being a 24-hour society we want to be able to present as many options as
we could for the community. However, there is a development called Country Lake
located to the south of Wal-Mart and the only thing separating Country Lake from the
site plan is a fence and some very thin shrubbery. She is concerned about the lighting
and landscaping and inquired how the homes in Country Lake will be protected. Mr.
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Dorling stated from a lighting point of view they need to have cutoff luminaires so there
is not spillage on the adjacent property and they are providing cutoff luminaires in their
provisions. With respect to the landscaping, Mr. Dorling stated staff has made a
condition that the gaps between existing proposed trees aze filled in will Crepe Myrtle (or
other acceptable trees) at a spacing not to exceed 15 feet on-center along the south side of
the property.
Mrs. Montague commented that the existing landscaping is not working
because she has visited the site and she can see right through into some of the homes.
Mr. Dorling stated the applicant is providing some additional landscape material. Ms.
Motley stated Mrs. Montague is correct that there aze gaps but one of the conditions is
that new landscaping be put in so that there aze no gaps in that entire property line. Ms.
Motley stated the staff report mentioned that the very closest home is 70 feet from the
Wal-Mazt property line.
Brief discussion continued between Commissioner Montague and Ms.
Motley regazding the security inside and outside of the store.
At this point, the Store Manager for Wal-Mart cazne forward and stated
currently they have security from 7:00 a.m. in the morning unti13:00 a.m. at night. The
City Attorney clarified that they are proposing going from 7:00 a.m. in the morning until
sunrise which is basically 24 hours.
Mr. Eliopoulos complimented the new look and feels this site has been
hurting for quite some time. He strongly encourages the applicant to going in this
direction; however, he does not support a 24-hour store because he has concerns about
the store abutting residential areas (to the south), medical to the west, office buildings to
the east and down the road if another store comes before the Commission he does not feel
comfortable with allowing this for one store and not another. Mr. Eliopoulos expressed
concern over stretching our police force thinner and therefore does not support this
project.
The City Attorney briefly reviewed the following conditions with the City
Commission: (1) that the security patrol be extended from 7.•00 a.m. to sunrise, seven
days a week; (2) the location and coverage of the exterior cameras provided on the plans
and that the property has 100 % camera coverage; (3) that the gaps between the existing
and proposed trees are filled in with Crepe Myrtle (or other acceptable trees) at a
spacing not to exceed 1 S feet on-center along the south side of the property subject to the
security plan that was submitted and as modified by these conditions above (4)
dedicating a person for inside security at all times and an overall enhancement of inside
and outside security with increased security during the holiday period from November
through January (if these conditions are acceptable to the applicant).
Ms. Motley stated she is not sure what is meant by increased security but
perhaps they could set it up that they would work with the City of Delray Beach to
address a security plan for the holiday period and for other times of the year so that they
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could cooperate with the Police Department or whoever the City would want them to
work with for the security plan. The City Attorney stated the fourth condition would then
read: (4) dedicating a person for inside security at all times and an overall enhancement
of inside and outside security subject to an enhanced security plan from November
through January acceptable to the Police Department and each year that this be
approved by the Police Department and (S) the 24-hour approval is subject to an
approved site plan for a super center.
Mrs. Montague expressed concern over the timeline. Ms. Motley
explained at the point that the store is completely converted to a super center that is when
they would want to start operating on a 24-hour basis.
The City Attorney briefly reviewed the Boazd 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. Fetzer moved to approve the conditional use request for Wal-Mart,
seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mrs.
Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos - No; Mr. Fetzer -Yes; Mr.
McDuffie -Yes. Said motion passed with a 4 to 1 vote, Eliopoulos dissenting.
At this point, the time being 7:41 p.m., the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
10. PUBLIC HEARINGS:
10_A. ORDINANCE NO. 46-07 (SECOND READING/SECOND PUBLIC
HEARINGI: Consideration of a rezoning request to allow a modification of the Blood's
Grove Special Activities District (S.A.D.), Zoning Ordinance No. 51-95, in conjunction
with a new mixed-use development known as Midtown Delray containing 116 townhouse
units (of which 32 units are subject to the family workforce housing ordinance) and
29,571 square feet of medical offices to be located at the southwest comer of Linton
Boulevazd and Old Germantown Road (4600 Linton Boulevard). (Quasi-Judicial
Hearin
The caption of Ordinance No. 46-07 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES,
AMENDING SECTION 4.4.25(G), "S.A.D.s," TO ADD
SUBSECTION (9) MIDTOWN DELRAY TO THE LIST
OF APPROVED S.A.D.s; AMENDING ORDINANCE
NO. 51-95 BY REPEALING SECTIONS RELATED TO
THE BLOOD'S COMMERCIAL PROJECT MASTER
PLAN AND PROVIDING FOR REVISED
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REGULATIONS GOVERNING THIS SPECIAL
ACTIVITIES DISTRICT; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 46-07 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
The City Attorney stated this ordinance is before the Commission for
approval and also it is part of the Quasi-Judicial Hearing and Public Hearing that will be
held on the ordinance itself, the waiver, and the site plan appeal. She stated the
Commission will then vote on all these separately.
Mayor Ellis stated if anyone from the public would like to speak in favor
or in opposition of Ordinance No. 46-07, to please come forward at this time.
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor Ellis asked the Commission to disclose their ex pazte
communications. Mr. McDuffie stated he had a discussion with the developer, the
developer's agent, numerous emails, telephone conversations, and two meetings with the
public. Mr. McDuffie stated he spoke with the City Clerk to submit this into the record
post-meeting. Mrs. Montague stated she has met with the applicant as well as Mr.
Weiner, representatives from homeowners associations, and stated she has emails that she
will forward to the City Clerk and letters that she has already submitted. Mayor Ellis
noted all previous telephone calls and emails have been submitted to the City Clerk's
office. Mayor Ellis stated she has also met with the applicant and representatives of the
applicant and any telephone calls and emails that have come in tonight will be forwazded
as well. Mr. Eliopoulos stated he has met with the applicant and/or agent on three
occasions and noted that he had one meeting with some of the residents representing the
associations and has responded to some of the emails. Mr. Fetzer stated he met with the
applicant and their attorney and received numerous emails that he can provide to the City
Clerk's office.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2007-165 and #2007-166 into the record.
Mr. Dorling stated this is a modification of an existing SAD (Special
Activities District) Ordinance No. 51-95 and this modifies it to introduce a new mixed-
use development known as Midtown Delray containing 116 townhouse units (32 units
will be subject to the family workforce housing ordinance) as well as 29,571 square feet
of medical offices to be located at the southwest corner of Linton Boulevazd and Old
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12/11/07
Germantown Road.
At its meeting of October 16, 2007, the City Commission considered this
modification of the SAD at first reading and at that time there were some issues raised by
the City Commission including some aesthetic improvements that needed to be made to
the architectural elevations, alternative ingress/egress to the residential portion of the site
be considered, and concerns about the landscape perimeter buffer along the west property
line that needed to be substantially increased, a minimization of the requested waivers
(initially there were five waivers and now this has been reduced to two waivers). Mr.
Dorling stated between that first reading and now, the applicant has made some aesthetic
improvements to the architectural elevations of both the commercial building as well as
the residential building, has provided alternative ingress and egress to the site, and has
increased the landscape perimeter buffer along the west. He stated one of the waivers
was preservation to existing open space and the applicant has now agreed to preserve the
existing vegetation there which provides a significant improvement over what was
originally proposed.
At its meeting of October 24, 2007, the Site Plan Review and Appearance
Boazd (SPRAB) considered this item and voted 4 to 2 for approval. Mr. Dorling stated
there were a significant amount of conditions of approval that were attached to the
previous report. All of those conditions of approval have been met as well as the
Commission's initial concerns at their October 16, 2007 meeting. There was some
additional direction given at the SPRAB meeting also relating to traffic calming devices
to be added internally and externally to the project, that sidewalks be added to the
perimeter of the property, some additional concern about the landscape buffer (those have
been done), and some significant discussion about the buildings along the western
boundary that they be staggered (also have been accomplished with the re-submittal),
discussion about the over all massing of the roof height which has changed from 39 feet
to 31 feet for the residential buildings. Mr. Dorling stated those conditions of approval
were appealed by the City Commission and all of those conditions have been addressed
as well as those additional concerns that the Commission expressed when this was
appealed. He stated since the last time the Commission considered it, there have been
some improvements to the ingress/egress including a connection between the residential
and the office portion as well as a right-turn only into the development from Linton
Boulevard. There aze some additional landscape buffers that have been provided along
Orchid Lane and there was a concern related to workforce housing and their distribution.
They have now proposed to distribute the workforce housing throughout the entire
buildings which aze placed throughout the development. Some additional traffic calming
has been provided externally to the site along the park access road and they have had
several meetings with the City Engineering Department and traffic engineers and now
there are additional raised crosswalks that aze external to the project. Mr. Dorling stated
the two waivers that they aze now down to is a waiver to LDR Section 6.1.2(C)(3)(a)
which is a pavement reduction from 24 to 20 feet internal to the project as well as a
sidewalk waiver from the requirement that sidewalks be provided on both sides of the
street. The cross section will have 20 feet of pavement as well as a two foot valley curb
on each side so in the event 24 feet was needed that would be available for a travel lane.
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12/11/07
He stated when this waiver has been approved in the past, the City Commission has
always conditioned that on a requirement that there be no on-street parking required and
that there be a condition addressed in their homeowners documents that people not be
allowed to park on the street. Staff recommends approval of both of those waivers but
the other waiver should be conditioned on the fact that no pazking is allowed on the
streets and that it be contained in their documents. Mr. Dorling stated there has been
significant discussion as it relates to the emails regarding the density of this project and
how density is measured.
Mr. Dorling entered into the record a synopsis of eight recent
developments that have had density measured in a similar way. He stated historic depot
had a significant non-residentia190,000 squaze feet ofnon-residential (i.e. historic depot,
Atlantic Grove, Latitude, Atlantica, Pazk Place North, Village Park, Coda, Pineapple
Grove, Ltd.) and noted that all these projects came before the Commission with non-
residential components ranging from 2,200 squaze feet ofnon-residential up to 90,000 for
historic depot.
Michael Weiner 102 North Swinton Avenue, Delray Beach (Attorney
rearesentine Midtown Delravl, stated the property is located on the east of the
intersection on Linton Boulevard and Militazy Trail on the south side of Linton
Boulevard. He stated the project is known as Blood's Grove which is the former home of
the City's citrus packing plant and a very famous tourist designation but is now in
disrepair. The history of the zoning on this particular project has been detailed in the
staff report and stated there are approvals that go back to 1995 and move forward to
1998. Mr. Weiner stated the particulaz azea was envisioned for approximately 480
residences and that azea includes Hammock Reserve (270 homes). He stated if Midtown
is approved then the Commission would have approved approximately 390 homes for the
azea so the total area will be 90 less than what was contemplated in 1995/1996. Mr.
Weiner stated the Planning and Zoning Depaztment that an S.A.D. ordinance may have
its conditions changed.
Robert Rennebaum Traff-c En¢ineer and President of Simmons &
White, briefly discussed the traffic. He stated safety is not based on the number of trips
that are being generated or the trip counts on the roads but it is based on good design. He
stated they have added a connection to Linton Boulevazd and noted this was not on the
original design but was in response to neighborhood meetings. Mr. Rennebaum stated
they have met with the Director of Traffic Division at Palm Beach County Engineering
and his staff and they have said if the City Commission directs Simmons & White to
show on the site plan that it is permittable. Mr. Rennebaum stated in response to the
neighbors is the Commissions decision because Simmons & White has shown it on the
site plan and they have also provided a connection between the medical office building
and the residential development that was not shown on the original site plan either. He
stated it was in response from the neighbors being concerned with all the residential
traffic only having the option of coming out to the south to Pazk Access Road so with the
connection residents also have the option to go up to the main medical office entrance
that aligns with Old Germantown Road. He stated the medical office access road was a
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12/11/07
concern from the beginning with the neighbors talking about traffic and congestion. He
stated he sat at the site several mornings and an afternoon looking at what happens during
the peak time (approximately 15 minutes) and although there is congestion, it is very well
controlled with a Police Officer and a Crossing Guard. Mr. Rennebaum stated their
project is not going to negatively impact that intersection. He stated per staffs request,
Simmons & White has done an in-field count of that intersection and looked at how it is
operating today. He stated right now with the existing counts it is operating at the top
level of service (level of service "A"). Staff has also asked Simmons & White to project
their volumes and growth in the area and look at when everything is built out how that
intersection is going to operate and it is still operating at level of service "A". Mr.
Rennebaum stated there is also talk from the neighbors about maybe moving the
southerly entrance to the residential north a little bit to get it away from the school
entrance. He stated anytime you do not align driveways it causes additional conflicts and
moving it north gets it more on a curve and there could be some sight distance issues and
they have agreed to put a crosswalk there with a raised traffic calming measure to leave it
aligned with the school driveway. He stated everyone has agreed that this is the best and
safest design.
Mayor Ellis stated if anyone would like to speak in favor or in opposition
of Ordinance No. 46-07, to please come forward at this time.
Joseah Grav. Delray Beach Community Land Trust (CLT) stated they
started over a year ago with the grant process and they won the grant with one of the
smallest projects in the State. Mr. Gray stated the State was really looking for bigger
projects but because of the nature and quality of this project they won the grant. He
stated the State has taken a big chunk of their funding that they provide for workforce
housing and put it into this program. This project will allow the CLT to provide
workforce housing to 32 families that would not be able to live in this community and
they plan to target specifically education and health professionals for these units. Mr.
Gray strongly urged the Commission to support this project because they feel it will be
beneficial for the community.
Dodee Firestone, 16209 Bridlewood Circle, Delray Beach (Foxe
Chase urged the Commission to not support the Midtown development because it is not
compatible with the Comprehensive Master Plan that was created by Ordinance No. 51-
95. She stated the proposed overall townhouse density even agreeing to the 12-units per
acre is not comparable to the five and eight units per acre density of the surrounding
adjacent single family homes that occupy 89.6% of the former Blood's Grove property
and that were built in compliance with the ordinance. Ms. Firestone stated the ordinance
limits the development of Pazcel A "a maximum floor area for the combined uses not to
exceed 65,000 square feet." Presently, the project occupies 238,371 square feet of
development. Ms. Firestone urged the Commission to support Ordinance No. 51-95
which created a Comprehensive Master Plan for the development of Blood's Grove and
dictates the manner of development for the last ten percent of the property. She stated
Midtown Delray must be compatible with the surrounding single family residences and
built at comparable density. She stated the language in the ordinance is plain,
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12/11/07
unambiguous, and obvious. Ms. Firestone stated the Fourth District Court of Appeals has
held "consistency with a Comprehensive Master Plan is not a discretionary matter." She
stated case law has always been clear and in the case of plain meaning there is no
deference to be given and no interpretations to be made.
stated the main problem with this particulaz project is Ordinance No. 51-95 and noted
that it is abundantly cleaz that it cannot take the density that is being proposed. Mr.
Karun stated there appear to be two projects; one, a medical building sitting on a pazcel
with its own parking lot with a intervening street before you get to the residential and this
is called an "out pazcel development". He stated now the City is left with 7 %z acres and
suggested if the City wants to apply the ratio that they have here it is 12 x 7 %z with a
maximum construction of 90 homes. Mr. Karon stated the building that is being
proposed is being put forth based on precedence. He stated there is a land grant with this
project, the City is a partner in this project, three story residences aze being proposed, and
asked if there was an Ordinance No. 51-95 in place and was there an accommodation for
the handicapped. Mr. Karun stated all these things have to be taken into consideration if
the Commission wants to use the other cases as precedent for setting up this particulaz
project.
Dr Joseph Provenzano 1921 S.W. 36`n Avenue, Delray Beach
(Faircrest HeiEhtsl, stated he has a memorandum from the City Manager where he
recognizes where the City of Delray Beach, Florida has a large senior and physically
challenged population and is cognizant of the day to day challenges they face. He stated
with all the new construction and redevelopment going on, in his opinion, this goes
against what the City Manager has said. Dr. Provenzano stated there is a large part of
the workforce that is physically challenged but they still work and pay taxes. He stated
the proposed project is a mixed-use development and suggested leaving the 24-foot
footprint to make it green space. He stated they are taking away the sidewalk of five feet
and four feet of concrete on the pavement and narrowed it down by nine feet which has
allowed them to increase the density. He stated there are approximately 22 driveways
that measure anywhere between 18-19 feet (on the sides where the sidewalk will be on
inner circle) and on the outer circle there is 18 feet to the sidewalk. Dr. Provenzano
stated this is a handicapped accessibility issue and he understands that the City is trying
to create workforce housing. He stated this goes against what the City stands for and
commented that the trucks and cazs will be blocking the sidewalk and feels there is not
enough being done for the handicapped. He stated he has filed a complaint with the Fair
Housing Commission and noted that the Department of Justice will be here.
Carla Stewart, 4780 Temple Drive Delray Beach (Hammock Reserve
Subdivision), stated she lives within 100 feet of the property line of the proposed
development. She acknowledged and thanked Ascot Development, Commissioner
McDuffie, and others who have been important in the process. Ms. Stewart stated there
are still basic issues with this development and emphasized that this is not a "slam dunk".
She stated they aze repealing sections of the Master Plan and neighboring communities
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12/11/07
have presented arguments for why this application should be denied and urged the
Commission to deny this application.
Dr. Donald Klein, 4788 Orchard Lane, Delray Beach (Hammock
Reserve stated he emailed the Commission and received two responses. He stated with
regazd to discussion about Pediatrics By the Sea someone made a comment about staying
within the azea and making it blend in. Dr. Klein stated this Ascot Development does not
blend in. Dr. Klein stated in a meeting with Ascot Development it was brought up that
the value of homes is going down and that workforce housing is becoming more
affordable with just the regular housing. Dr. Klein stated that Ascot Development stated
that they were going to build the medical facility and then they would see if there was a
need for the other. Dr. Klein stated he thought this was all about workforce housing but
rather it appeazs to him that it is all about making money. He urged the Commission to
consider whether or not they are really building workforce housing or is the City really
giving Ascot Development a way to make some money and then they disappear.
John Fumero, 2909 Genoa Wav, Delray Beach (Verona Woods),
stated tonight's decision can and will have a dramatic impact on the character and nature
of what many people call the Germantown Road corridor. He stated the issue from his
perspective is not whether "if' development should take place on this pazcel but "how" it
should take place on this parcel. Mr. Fumero stated there is a right way and a wrong way
given surrounding areas and some of the issues that have been discussed in which to
develop a site plan. He stated in his opinion, there are significant remaining issues
having to deal with ingress and egress and traffic implications that will have an impact on
the communities along Germantown Road. Mr. Fumero urged the Commission and the
developer to sit down with the homeowner association residents and commented that
there is a development scenario that will work and that will be consistent.
Josh Bressler, 2235 Rabbit Hollowe Circle, Delray Beach (President of
Rabbit Hollowe Homeowner's Associationl, stated several weeks ago he wrote and
expressed concern that this review process is too rushed, too eager and too flexible with
procedures that are intended to protect all interests in the process. He stated he noted in
that letter that this project was passed by the Planning and Zoning Board and later by Site
Plan Review and Appeazance Board (SPRAB) lacking information and complete plans to
properly evaluate the proposal. Mr. Bressler stated Rabbit Hollowe supports workforce
housing as a concept and noted that the question is in the execution. He stated he
appreciates Ascot's efforts to meet with residents and to accommodate certain changes in
the plans but this does not make them comfortable to support it. Mr. Bressler suggested
that if the Commission does approve the plan, that additional conditions be added. Mr.
Bressler suggested that there be a completion bond or an escrow deposit to ensure that the
project as approved is actually completed so that the property that is currently in disrepair
at that location does not take a different form of disrepair when not completed. Secondly,
he suggested that a bond be placed to ensure that traffic issues that residents believe will
develop are addressed not with City taxpayer money but with developer money that
should have been incorporated in the plans now.
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12/11/07
Ezra Kreia 16485 Bridlewood Circle, Delrav Beach (Foxe Chase),
stated on behalf of everyone who is in the Germantown Road corridor he thanked the
Commission for their service to the community. He stated tonight is the last night of
Hanukkah and explained a Jewish word called "chutzpah" (meaning "courage" and
"principle" in English) and gave examples of this word in relation to this project. He
stated this property is designated as mixed use; however, it sits on two separate
footprints. Mr. Kreig urged the Commission to vote no for this project, vote no for the
waivers, and vote no against bad public policy.
Mark Feinstein 16244 Bridlewood Circle, Delrav Beach (Attorney
representing a number of affected homeowners and the associations), stated with
regazd to the waivers, there must be an undue hardship, a unique or special circumstance
and the waiver must be one that is not self imposed. He stated the waivers that aze being
requested by Ascot Development are as a result of their own actions and their own
request for densities in the amount that they are seeking (116 units and the exorbitant
amount of medical office use). Mr. Feinstein entered into the record the supplemental
report of Henry Iler who was the hired expert land planner that testified before the City
Commission at the previous Commission meeting at the first reading (letter dated
December 10, 2007). He stated the site plan violates the Comprehensive Land Use Plan
specifically with regazd to the zoning. The double density that is being requested
completely violates the ordinance which says it will be authorized at eight units per acre.
The additional density authorized by the workforce housing is not applicable to this
development because it does not reside in any of the three districts that is authorized for
the workforce housing. Mr. Feinstein stated the very last provision of the ordinance talks
about how the restrictions to this pazcel specifically limits the total amount of floor
squaze footage to 65,000 square feet and proceeding that condition is the discussion of
not only residential uses but also the commercial uses. Mr. Feinstein urged the City
Commission to defer and give direction to the developer to come to a compromised
agreement with the affected homeowners' associations and the affected parties.
Mr. Weiner stated he objects to Mr. Feinstein entering the supplemental
report of Henry Iler into the record at this late date. The City Attorney stated the report
has been admitted into evidence and can be considered at this late date.
Edward Autaker, 2340 Rabbit Hollowe Circle, Delrav Beach (Rabbit
Hollowe stated this is a mongrelized type of project (half commercial and half
residential). He suggested building out the azea in the way that the land use originally
contemplated and in a way that will make it harmonious with the entire surrounding area
along Germantown Road.
Hollowe stated she works in the medical field and most doctors book between four and
eight patients an hour. She expressed concern over the 30,000 square foot medical
building and how many doctor's offices would be at this medical plaza to incorporate the
influx of traffic going in and out of there every day. Mrs. Egiziano asked if the City can
guarantee them that Germantown Road will never be widened and noted that this area
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feels agricultural and is unique. She stated in Port Orange, Florida you cannot build
where you can see the buildings but you have to drive down the road and look for signs
because they left it beautiful. Mrs. Egiziano stated this was always the beauty of Boca
Raton and Delray Beach and now she feels Delray Beach is overgrown.
There being no one else from the public who wished to give testimony on
this item, the public hearing was closed.
Mr. Dorling had no cross-examination or rebuttal. Mr. Weiner had no
cross-examination.
Mr. Weiner gave the following rebuttal:
Mr. Weiner read the caption of Ordinance No. 51-95 and stated it
references "initial zoning classification for a pazcel of land" and it is later mentioned in
the ordinance that if you are going to be doing commercial property you will do it in
accordance with the Master Plan site for the Special Activities District (S.A.D.). Mr.
Weiner stated this is not a Comprehensive Plan or a Comprehensive Master Plan but it is
what the caption calls an "initial zoning" and noted that Ordinance No. 51-95 does not
apply.
The City Attorney and the Commission briefly discussed condition #11
and modified it as follows: "That the workforce housing units shall be evenly distributed
among all proposed townhouse buildings and no townhouse building shall be solely
workforce." Mr. Eliopoulos expressed concern over the room sizes and stated the master
bedroom is showing widths of 9'x 4" and suggested that typically the minimum room
size is 10 x 10 and for a master bedroom is 12 x 14. Mr. Dorling stated 18 x 20 is the
normal minimum size for atwo-car gazage.
Mr. Weiner stated Commissioner Eliopoulos' request would make it
difficult for them to fit in the size of those buildings. Therefore, Mr. Weiner suggested
that a condition of approval would be "that staff will increase the size of the rooms and
garages to a point acceptable so long as the footprint of the building does not change."
He stated a condition that would maximize rooms and garages within the footprint of the
building supervised by staff would meet Commissioner Eliopoulos' concerns.
The City Attorney suggested the following condition: "Referral to staff to
look at increasing the sizes of some rooms particulaz the master bedrooms and also the
garages in accordance with typical standards that have been required of others."
Mr. Eliopoulos expressed concern that the building is facing south to the
residents. Mr. Weiner stated this particular plan has been reviewed twice before and they
would like it to face the way it is facing presently.
Mr. McDuffie stated there aze some conditions that he believes are on the
current plans that he received that are not in these conditions that he would like to see.
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He stated specifically that there be a "Right Turn Only" off of Linton Boulevard, that
there shall be maintained a connection between the residential and commercial sections
of the development. The white fence along the western side shall be maintained and kept
in place. In addition, a chain link fence on the west side shall be installed to
accommodate landscaping.
Mrs. Montague inquired about the buffering and asked why this has not
been addressed. Mr. Weiner stated they believe they have addressed this issue. He stated
the old plan had no buffering and commercial buildings; they now have extended the
preserve azea. He noted none of the trees in the back will be touched. Mrs. Montague
asked if the applicant is retaining what is there or are they adding to it. Mr. Weiner stated
they are adding to it.
Mrs. Montague stated the landscaping along Orchard Lane is not
displayed on the drawings the way the Commission had discussed.
The City Attorney stated condition #19 states "that the exterior perimeter
landscape buffer shall be increased where possible to maximize buffering potential along
Orchard Lane and Park Access Road."
John Sloan, Ascot Develoament, introduced the Landscape Architect.
Jav Bridge, Landscape Architect, stated they proposed making a
preserve area along Orchard Lane and at that point in time they pulled ornamental
landscaping out of the preserve azea.
The City Attorney stated attached to the Board Order are 26 conditions
and those are modified in that Condition #11 will state: "that the workforce housing
units shall be evenly distributed and disbursed among all proposed townhouse buildings
and no townhouse building shall be solely workforce housing". The City Attorney stated
Condition #27 should read: "There shall be a "Right Tum Only" off of Linton
Boulevard.", Condition #28 - "There shall be maintained a connection between the
residential and commercial sections of the development, Condition #29 -The white
fence along the western side shall be maintained and kept in place. In addition, a chain
link fence on the west side shall be installed to accommodate landscaping, Condition #30
- "The office building front elevation shall be flipped so that it faces Linton Boulevard.",
Condition #31 - "the applicant shall work with Planning and Zoning staff to increase
room sizes and the sizes of the gazage to meet typical standards within the building
footprint." The Commission concurred with the conditions as explained by the City
Attorney.
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). The City Attomey stated the Commission approved the
appeal with the conditions as set forth in Exhibit "A".
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12/11/07
Mr. Fetzer moved to adopt Ordinance No. 46-07 on Second
Reading/Second Public Hearing, seconded by Mrs. Montague. Upon roll call the
Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -
Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed with a 5 to 0 vote.
10.A.1. APPEAL/SITE PLAN REVIEW AND APPEARANCE BOARD
ACTIONS/MIDTOWN DELRAY: Consideration of an appeal regarding the Site Plan
Review and Appearance Board's approval of the site plan, landscape plan and
architectural elevations associated with the construction of a proposed 116-unit
townhouse development and 29,571 squaze foot medical office building known as
Midtown Delray, located at 4600 Linton Boulevazd. (Quasi-Judicial Hearinp~
Mr. Fetzer moved to approve the site plan subject to the conditions,
seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mayor
Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs.
Montague -Yes. Said motion passed with a 5 to 0 vote.
10.A.2. WAIVER REOUESTS/MIDTOWN DELRAY: Consider approval of
two (2) waiver requests associated with Ordinance No. 46-07. (Quasi-Judicial Hearin
The City Attorney briefly reviewed the Board Order with the Commission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes). These waivers are approved subject to the condition that
there shall be no parking on the streets and this prohibition shall be contained within the
covenants/restrictions/homeowner association documents and other regulations governing
the development/project as outlined in the Boazd Order.
Mrs. Montague moved to adopt the Board Order as presented, seconded
by Mr. Fetzer. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr.
Eliopoulos -Yes; Mr. Fetzer -Yes; Mt McDuffie -Yes; Mrs. Montague -Yes. Said
motion passed with a 5 to 0 vote.
10.B. ORDINANCE NO. 55-07 (FIRST READING/FIRST PUBLIC
HEARING): City initiated amendments to the Land Development Regulations (LDR)
amending Section 1.4.3, "Enforcement"; Section 1.4.4, "Penalty", providing that neglect
shall constitute a nuisance and providing for enforcement and penalties; Section 2.2.6(C),
"Meeting and Quorum", providing for voting, 2.2.6(D), "Duties and Responsibilities",
providing for express authority for the Historic Preservation Board to apply the Historic
Compatibility Regulations; Section 4.5.1(E), "Development Standards", Subsection
4.5.1(E)(6), "Demolition", and 4.5.1(F), "Restrictions on Demolitions", providing
requirements for the application and approval for demolition. If passed, a second public
hearing will be scheduled for January 3, 2008.
The caption of Ordinance No. 55-07 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
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AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH
BY AMENDING SECTIONS 1.4.3, "ENFORCEMENT"
AND 1.4.4, "PENALTY", PROVIDING THAT
NEGLECT SHALL CONSTITUTE A NUISANCE AND
PROVIDING FOR ENFORCEMENT AND PENALTIES;
AMENDING SECTION 2.2.6, "THE HISTORIC
PRESERVATION BOARD", SUBSECTION 2.2.6(C),
"MEETING AND QUORUM", PROVIDING FOR
VOTING; AND AMENDING SUBSECTION 2.2.6(D),
"DUTIES AND RESPONSIBILITIES", PROVIDING
FOR EXPRESS AUTHORITY FOR THE HISTORIC
PRESERVATION BOARD TO APPLY THE HISTORIC
COMPATIBILITY REGULATIONS; SUBSECTION
4.5.1(E), "DEVELOPMENT STANDARDS",
SUBSECTION 4.5.1(E)(6), "DEMOLITION", AND
4.5.1(F), "RESTRICTIONS ON DEMOLITIONS",
PROVIDING REQUIREMENTS FOR THE
APPLICATION AND APPROVAL FOR DEMOLITION;
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE AND AN EFFECTIVE DATE.
office.)
(The official copy of Ordinance No. 55-07 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.
At this point, Mayor Ellis stepped down from the dais and passed the
gavel to Vice Mayor Fetzer.
Paul Dorling, Director of Plamming and Zoning, stated this was part of a
larger ordinance that dealt with the Historic Preservation and Design Guidelines. This is
to acknowledge that demolition by neglect is a nuisance and it is subject to fines. He
stated there is an additional clause in there that talks about the Historic Preservation
Board has some additional authority to approve and apply more restrictive standards and
the maximum is identified in the zoning ordinance. Mr. Dorling stated the language was
added by the City Attorney's office which basically states that while you may have a
maximum, if in the interest of compatibility, the Board finds that you are not allowed to
have the maximum, then they have the right to so limit you. The City Attorney stated
that is based on the Tampa case which required that language.
At its meeting of November 7, 2007, the Historic Preservation Board
(HPB) recommended approval by a vote of 5 to 2 (Lake and Kucera-Winney dissenting);
at its meeting of November 19, 2007, the Planning and Zoning Board considered the
subject amendments. The item was tabled to the Special Meeting of December 3, 2007
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over concerns relating to the requirement to submit a complete redevelopment proposal
with all demolition requests of both contributing and non-contributing structures. At the
meeting of December 3, 2007, staff provided the Board with three optioris. After
significant discussion, the Board recommended "Option C" to be included with LDR
Section 4.5.1(E)(6) which permits a demolition request for a structure, regazdless of its
historic classification, to be reviewed and approved by the HPB without concurrent
review of the redevelopment plans, yet does not allow the demolition to take place until
the building permit has been issued for the site's redevelopment. The proposed language
that the Planning and Zoning Boazd recommended to not include in the ordinance is
underlined below:
The Historic Preservation Boazd shall have authority to apply more
restrictive standards than the maximum identified in the zonin regulations in order to
achieve visual compatibility in accordance with Section 4 5 1(E)(8) Mr. Dorling stated
they recommended that this be removed and when it was considered by HPB they did not
agree with that and thought it should be applied. He stated the language was added by
the City Attorney.
Staff recommends that the Commission choose "Option C" and that they
include the language as indicated by the City Attorney.
The Pineapple Grove Main Street committee reviewed the subject
amendments at is November 7, 2007 meeting and unanimously recommended approval;
the Historic Preservation Board (HPB) considered the subject amendments at its
November 7, 2007 meeting, and recommended approval by a vote of 5 to 2 (Lake and
Kucera-Winney dissenting); the Community Redevelopment Agency (CRA) considered
the subject amendments at its November 8, 2007 meeting and unanimously recommended
approval; the Downtown Development Authority (DDA) considered the subject
amendments at its November 12, 2007 meeting, and unanimously recommended
approval; the West Atlantic Redevelopment Agency (WARC) considered the subject
amendments at their November 14, 2007 meeting and abstained from making a
recommendation due to lack of information. The subject information was submitted to
the CRA for review by WARC on Wednesday, November 7, 2007 by the Planning and
Zoning Department. However, this information was not included in the member's
packet; the Planning and Zoning Boazd recommended approval as discussed above.
The City Attomey stated she is assuming how the ordinance is written is
how Mr. Dorling would like it at the current time. She stated Mrs. Montague pointed out
that on page 6, Section 5(E)(6) Development Standazds/Demolition of the ordinance that
staff may need to address the situation where an unsafe building or situation is created.
Therefore, the City Attorney stated it should read: "Approvals for demolition shall not be
granted until the redevelopment application has been approved. The demolition shall not
occur until a building permit has been issued for the redevelopment unless the City
determines an unsafe situation is created."
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12/11/07
Mr. Dorling stated he agrees that there needs to be some modification and
reiterated that this was continued from the previous meeting. Mr. Dorling stated that was
not the correct language recommended and referenced page 2 and 3 of the memo and
noted that clause is not the correct language that was recommended by both Boards. Mr.
Dorling stated there was additional language that said all structures approved for
demolition and are awaiting issuance of a building permit shall be maintained in a
manner similaz to that in which it existed at the time of the application. The City
Attorney recommended that staff needs to bring this back with the correct language so
that everyone knows what they are voting on. The City Attomey recommended
postponing the First Reading/First Public Hearing of Ordinance No. 55-07 to a date
certain of January 3, 2008 with the corrected language inserted.
The City Attomey and Commissioner Eliopoulos briefly discussed the
Tampa case.
Prior to the vote, Mayor Ellis returned to the dais and Commissioner
McDuffie stepped away from the dais.
Mr. Fetzer moved to postpone Ordinance No. SS-07 on First
Reading/First Public Hearing to a date certain of.7anuary 3, 2008 at 7:00 p.m., seconded
by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes;
Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed
with a 4 to 0 vote.
10.C. ORDINANCE NO. 57-07 (FIRST READING/FIRST PUBLIC
HEARINGI: City initiated amendment to Land Development Regulations (LDR)
Section 4.4.24 (B)(12), "Principal Uses and Stmctures", which specifies the accessory
uses and structures permitted in the Old School Squaze Historic Arts District (OSSHAD),
to add all of the accessory uses that aze also currently permitted in the Central Business
District (CBD). If passed, a second public hearing will be scheduled for January 3, 2008.
The caption of Ordinance No. 57-07 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES,
BY AMENDING SECTION 4.4.24, "OLD SCHOOL
SQUARE HISTORIC ARTS DISTRICT (OSSHAD)",
SUBSECTION 4.4.24(C); "ACCESSORY USES AND
STRUCTURES PERMITTED", TO ALLOW THE
CBD ACCESSORY USES IN THE SAME AREAS OF
THE OSSHAD DISTRICT WHERE THE
PERMITTED USES OF THE CBD ARE ALREADY
ALLOWED; PROVIDING A SAVING CLAUSE, A
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12/11/07
GENERAL REPEALER CLAUSE, AND AN
EFFECTNE DATE.
(The official copy of Ordinance No. 57-07 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
At this point, Commissioner McDuffie returned to the dais and
Commissioner Montague stepped away from the dais.
Paul Dorling, Director of Planning and Zoning, stated currently there are
principal permitted uses and structures that are allowed in the Central Business District
(CBD) and are also allowed in certain geographic areas of the Old School Square Historic
Arts District by LDR Section 4.4.24(B)(12). This amendment will add the accessory uses
of the CBD associated with those principal CBD uses which include parking lots,
dumpsters, provision of services and repair of items incidental to the principal use,
storage of inventory, a single family residence, recreational facilities attendant to a multi-
family residential development and single level mechanical parking lifts for in-fill
development projects. Mr. Dorling stated the City Commission made recent amendments
to allow parking lifts on properties zoned OSSHAD (Old School Square Historic Arts
District) that are subject to CBD (Central Business District) Design Guidelines. He
stated in that same ordinance they were placed under "accessory uses" versus "principal
uses". Therefore, he stated this language cleans that up and states that they are allowed
as the City Commission initially intended.
Mr. Dorling stated Pineapple Grove Main Street (PGMS) reviewed the
amendment at their November 7, 2007 meeting and recommended approval; the
Community Redevelopment Agency (CRA) reviewed the amendment at their November
8, 2007 meeting and recommended approval; the Downtown Development Authority
(DDA) reviewed the amendment at their November 12, 2007 meeting and recommended
approval; the West Atlantic Redevelopment Coalition reviewed the amendment at their
November 14, 2007 meeting and recommended approval; the Planning and Zoning Board
considered the subject LDR Amendment at its meeting of November 19, 2007 and voted
unanimously with a 6 to 0 vote to recommend approval.
Mayor Ellis declared the public hearing open. There being no one from
the public who wished to address the Commission regarding Ordinance No. 57-07, the
public hearing was closed.
Mr. McDuffie moved to approve Ordinance No. 57-07 on First
Reading/First Public Hearing, seconded by Mr. Eliopoulos. Upon roll call the
Commission voted as follows: Mr. McDuffie -Yes; Mayor Ellis -Yes; Mr. Eliopoulos
- Yes; Mr. Fetzer -Yes. Said motion passed with a 4 to 0 vote.
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12/11/07
10.D. ORDINANCE NO. 38-07 (FIRST READING/FIRST PUBLIC
HEARINGI: City initiated amendments to the Land Development Regulations (LDR)
which intend to clarify the current regulations, provide pazameters, and define compatible
development within the historic districts. The amendments intend to provide an objective
way of providing compatible new development within the City's five (5) historic
districts. If passed, a second public hearing will be scheduled for January 3, 2008. (This
ordinance was TABLED by the Planning and Zoning Board at their December 3, 2007
meeting.)
Paul Dorling, Director of Planning and Zoning, stated this ordinance was
originally advertised for this meeting. The ordinance went to the Planning and Zoning
Board at their December 3, 2007 meeting and the Historic Preservation Boazd (HPB) at
their December 6, 2007 meeting and staff anticipated that they would finalize and have a
recommendation for the City Commission. Mr. Dorling stated each Board continued the
item and the Planning and Zoning Boazd is scheduled to hear the ordinance at their
December 17, 2007 meeting and the Historic Preservation Board is scheduled to hear it at
their December 19, 2007 meeting.
Mr. McDuffie moved to table Ordinance No. 38-07 on First Reading/First
Public Hearing to January 3, 2008, seconded by Mr. Fetzer. Upon roll call the
Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -
Yes; Mr. McDuffie -Yes. Said motion passed with a 4 to 0 vote.
At this point, Commissioner Montague returned to the dais.
10_E. ORDINANCE NO. 56-07: An ordinance amending Chapter 32,
"Departments, Boards and Commissions", of the Code of Ordinances of the City of
Delray Beach, Florida, by amending Section 32.41, "Composition; Terms; Appointment",
to clarify the composition of the Kids and Cops Committee.
The caption of Ordinance No. 56-07 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 32, "DEPARTMENTS,
BOARDS AND COMMISSIONS", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH
BY AMENDING SECTION 32.41, "COMPOSITION;
TERMS; APPOINTMENT", TO CLARIFY THE
COMPOSITION OF MEMBERS ON THE KIDS AND
COPS COMMITTEE; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND
AN EFFECTIVE DATE.
(The official copy of Ordinance No. 56-07 is on file in the City Clerk's
office.)
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12/11/07
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Mayor Ellis declazed the public heazing open. There being no one from
the public who wished to address the Commission regarding Ordinance No. 56-07, the
public hearing was closed.
Mr. McDuffie moved to adopt Ordinance No. 56-07 on Second and
FINAL Reading, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as
follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -
Yes; Mayor Ellis -Yes. Said motion passed with a 5 to 0 vote.
At this point, the time being 9:55 p.m., the Commission moved to Item
11, Comments and Inquiries on Non-Agenda Items from the City Manager and the
Public.
11_A. City Manaser's response to arior public comments and inquiries
The City Manager stated at the last meeting Jayne King, representing the
Chatelaine Homeowner's Association, complained about progress on the Chatelaine
Neighborhood Improvement Plan stating that it had been approximately ten years for
them getting their approved projects completed and some other complaints relative to
that. The City Manager stated the City initially selected three neighborhoods to partner
with under the Strategic Task Team Initiative (Delray Shores/Sudan, Rainberry Woods
and Chatelaine) which were selected in October 2000. It began initially with Delray
Shores/Sudan Neighborhood in setting up the committees and meetings that would be
required to develop a consensus list of improvements that should be made to improve the
livability of the neighborhood. Chatelaine was told that City resources would limit us to
one neighborhood at a time during the planning phase since it involved monthly meetings
with multiple department staff participating. Planning meetings with Chatelaine
Homeowners Association began in November of 2001 and continued through January of
2003. Representatives of the Homeowners Association could not come to a consensus on
several issues thus staff recommended that they work independently with the City to
resolve some of their critical differences that would be necessary before consensus could
be achieved. The Strategic Task Team Planning process resumed in February 2004 and
we achieved consensus in May 2004. Staff proceeded with the formal writing of the
Neighborhood Action Plan and developed a preliminary plan necessary for cost estimates
for each item being recommended for funding. Hurricanes Jeanne and Frances delayed
the process by three or four months. The Neighborhood Action Plan was approved by the
City Commission in March 2005. Staff has proceeded to develop the formal working
drawings and preparations of the bid process for the phase projects and most of them at
this point have been completed. The City Manager stated he has a list of projects with
the timelines and costs and he will forward the information to Ms. King.
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11.B. From the Public.
11.B.1. Matthew Grabham, 350 S.E. 7`n Avenue, Delrav Beach, stated he
wanted to follow-up on his previous concerns and emails regazding residents of the
Marina District playing a role in surveying the district.
At this point, the time being 9:58 p.m., the Commission moved back to
Item 9.E. of the Regular Agenda.
9_E. CONDITIONAL USE EXTENSION REQUEST/ATLANTIC
SHORES: Consider a conditional use extension request to increase the building height
to a maximum of 60 feet and to allow an increase above 30 dwelling units per acre (41.30
du/ac) for Atlantic Shores, a proposed residential development pursuant to Land
Development Regulations (LDR) Section 2.4.4.(F)(1) and (2), "Extensions". Atlantic
Shores is located on the west side of S.E. 2"d Avenue, approximately 80 feet south of S.E.
15` Street. (Quasi-Judicial Hearin
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor Ellis asked the Commission to disclose their ex pane
communications. Mr. McDuffie had no ex parte communications. Mrs. Montague stated
she did speak with the applicant on the telephone. Mayor Ellis stated she received a
voice mail. Mr. Eliopoulos and Mr. Fetzer had no ex parte communications to disclose.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning project file #2005-346 into the record.
Mr. Dorling stated this is a consideration for a conditional use extension
request to increase the building height to a maximum of 60 feet and to allow an increase
above 30 dwelling units per acre (41.30 du/ac) for Atlantic Shores. The subject property
is located on the west side of S.E. 2"d Avenue, just west of the tracks south of Atlantic
Avenue. The property is a 0.85 acre site in the CBD and originally contained three
buildings and those were demolished. The conditional use approval involved afive-story
residential building with a 64 space parking gazage on the ground floor and residential
dwelling units on the second, third, fourth and fifth levels (35 dwelling units in total).
The development will also include the installation of a swimming pool, deck, exercise
room, library, club house, and restrooms located on the second and third floors of the
building. Mr. Dorling stated the Class V site plan that was associated with this
conditional use was designed utilizing the Downtown Design Guidelines. The Guidelines
were modified on March 5, 2007 to be less stringent and therefore the Atlantic Shores
project as currently designed exceeds the minimum setback requirements (LDR Section
2.4.4(F)(2) "Construction Has Commenced") The applicant has done some demolition of
the site and is now requesting a two yeaz extension and the rationale for the request is in
the Agenda backup. Mr. Dorling stated the applicant blames Hurricane Wilma; however,
he feels the mazketing affects and the downturn in the mazket is the legitimate reason for
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12/11/07
this extension request. Staff recommends approval subject to the condition that the
applicant seeds the site and waters it until the grass is established and that the perimeter
fence be removed until construction is eminent so that we do not have the vacant parcels.
Jason Mankoff, 102 North Swinton Avenue, Delrav Beach
representing the owner of the project, stated the project was initially approved under the
Design Guidelines and it also exceeds the setback requirements of the latest Design
Guidelines. He stated the Land Development Regulations (LDRs) do provide for an
extension if substantial improvements have been made but the twenty-five percent (25%)
automatic extension is not yet met. Mr. Mankoff stated the LDRs allow the City
Commission to grant this extension based upon the developer's good faith and diligence.
He stated this project has been delayed due to economic and market reasons but despite
the soft market this is one project where the applicant has extensively mazketed the
project (i.e. real estate seminazs in New York and Las Vegas). In addition, Mr. Mankoff
stated the applicant has done emails, real estate conventions, print, and television ads.
Mr. Mankoff stated they would like to keep the fence and they are willing to make the
fence more aesthetically pleasing if it is not up to the standards of the City. He stated this
site has been a dumping ground in the past as well as issues with loitering and liability
issues and thus the reason the fence was installed. Mr. Mankoff stated they will be happy
to do the sodding but requests that the removal of the fence be deleted or amended that
they work with staff in order to improve the aesthetics of the fence. He stated the
applicant has allowed the City to do fire training at this property and is always willing to
help the City wherever possible. He urged the City Commission to support the approval
for the extension.
Alice Finst. 707 Place Tavant, Delrav Beach stated this was originally
approved for a conditional use almost two years ago by a different City Commission.
She stated she read over this very cazefully and sees no mention of workforce housing.
After brief discussion, Mayor Ellis stated she would like to make a
condition as recommended by the Planning Director that the fence be aesthetically
desirable.
Mr. Eliopoulos confirmed that this would be a black vinyl coat chain link
fence.
Mrs. Montague asked if all of these sites from this point forward have to
be sodded as well as fenced. Mr. Dorling stated staff will look at these at a case-by-case
basis but he believes this is a standard that we should strive to achieve that they be
grassed and watered in. Mrs. Montague asked if the there is something in the workforce
housing ordinance that makes it retroactive or is it only for the new construction. Mr.
Dorling stated it does not make it retroactive.
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12/11/07
The City Attorney stated the condition should read as follows: "the
applicant has the site seeded and watered until the grass is established, and the perimeter
construction fence be removed or, if left in place, beautified with a black coated chain
link fence or similaz aesthetic fencing until construction is imminent."
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).
The City Attorney stated the Commission approves the conditional use
request subject to the condition that the applicant has the site seeded and watered until the
grass is established, and the perimeter construction fence be removed or, if left in place,
beautified with a black coated chain link or similaz aesthetic fencing until construction is
imminent (Exhibit "A") which allows the conditional use approval to be valid until
January 3, 2010.
Mr. McDuffie asked if the condition could include the words "and watered
until the grass is established, and the grass be maintained..." The City Attorney noted the
condition will be changed to add this correction.
Mr. Eliopoulos moved to adopt the Boazd Order as presented, seconded by
Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr.
McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said
motion passed with a 5 to 0 vote.
9_F. WAIVER REOUESTS/HAMMAD SHOPPES: Consider two (2)
waiver requests associated with the Class III Site Plan Modification for the property
located at 139 N.W. 5`h Avenue, Hammad Shoppes, West Settlers Historic District.
(Quasi-Judicial Hearin
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor Ellis asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2008-024 into the record.
Mr. Dorling stated this is a request for two waivers from LDR Section
4.4.13(F)(1)(a) and 4.6.16(H)(3)(d). The first requires that the overall height of buildings
be a minimum height of twenty-five (25 feet) and the second requires a five foot (5')
landscape strip between off-street parking areas or other vehiculaz use areas and abutting
properties. The development proposal consists of the construction of a 1,072 square foot
reaz addition to the Hammad Shoppes located at 139 N.W. 5`h Avenue.
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At its meeting of December 6, 2007, the Historic Preservation Board
(HPB) considered the site plan and recommended approval. The Board also considered
the two waiver requests and they recommended approval of both.
Mr. Dorling stated the new addition has a height. of seventeen feet, three
inches (1T 3") and is consistent with the height of the existing structure. The CBD
design guidelines, LDR Section 4.4.13(F)(1)(a), require that all structures have a
minimum height of twenty-five feet (25'). Staff recommends approval of both waivers.
Mayor Ellis stated if anyone from the public would like to speak in favor
or in opposition of the waiver requests, to please come forwazd at this time. There being
no one from the public who wished to address the Commission regarding the waiver
requests, the public hearing was closed.
The City Attorney briefly reviewed the Board Order with the Commission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
Mrs. Montague moved to adopt the Boazd Order (approving the waivers)
as presented, seconded by Mr. McDuffie. Upon roll call the Commission voted as
follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos
-Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote.
9_G. WAIVER REQUESTS/COMMUNITY LAND TRUST INC
Consider a request for waivers of Land Development Regulations (LDR) Section
4.1.4(D), "Use of Lots of Record," and Section 4.7.12, "Other Incentives", governing the
use of 40 foot lots under the Workforce Housing Ordinance for four (4) parcels submitted
for permitting by the Community Land Trust, Inc. The properties are located at 313 S.E.
5`h Street, 317 S.E. 5`h Street, 46 N.W. I1`h Avenue and 48 N.W. 11`h Avenue. (Quasi-
Judicial Hearin
Mayor Ellis stated there will be four votes on this item and one Quasi-
Judicial Hearing.
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor Ellis asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose.
Lula Butler, Director of Community Improvement, stated this is a waiver
request to LDR Section 4.1.4(D) and 4.7.12, Other Incentives, governing the use of 40-
foot lots under the Workforce Ordinance for four (4) pazcels submitted for permitting by
the Cormnunity Land Trust. The properties aze addressed as 313 S.E. 5`h Street, 317 S.E.
5`h Street, 46 N.W. 11`" Avenue, and 48 N.W. l la' Avenue.
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Mrs. Butler stated the Workforce Housing Ordinance was amended in
April 2006 to include an incentive added to induce the construction of workforce housing
units in the City of Delray Beach. Housing units constructed on 40-foot lots must include
rear access via an alley, if available, and contain certain design features that are
prescribed within the language of the ordinance. The four units submitted for permitting
do not meet the requirements specified under Section 4.1.4(D) and 4.7.12. The units
proposed to be constructed aze not consistent with the designs and sketches specified in
the approved Workforce Ordinance. The Community Land Trust (CLT) has indicated
that the designs contained within the ordinance will substantially increase the cost of the
construction, making the units less affordable. Staff is in the process of amending the
ordinance and will bring something back to the Commission. Mrs. Butler stated LDR
Section 2.4.7(B)(5) allows the City Commission to consider the waiver request with a
finding of fact that the granting of the relief does not diminish the practical application of
the affected regulation (requirement) and that by granting such relief a superior
development product will result. Staff recommends approval of waivers to Section
4.1.4(D) and Section 4.7.12 of the LDRs governing the use of 40-foot lots associated with
Workforce Units with the finding of fact pursuant to Section 2.4.7(B)(5).
Mayor Ellis asked if there aze an inordinate number of these 40-foot lots.
In response, Mrs. Butler stated this will make a total of six 40-foot lots that the CLT has
requested to build on.
Mr. Eliopoulos asked for clarification regazding the alleys. Mrs. Butler
stated the alleys aze unimproved not abandoned.
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.
Kvmenski Kemp. 1459 West Bexley Park Drive, Delray Beach
Development Manager for the Community Land Trust), stated there are a number of
these 40-foot lots and they have successfully completed homes. He stated with regard to
these lots in question, there are families who have selected homes and they aze just
waiting approval so they can actually commence construction on these homes and move
the families in by Easter 2008.
There being no one else who wished to address the Commission regarding
the waiver requests, the public hearing was closed.
The City Attomey stated instead of doing four separate Board Orders on
the same findings these waiver requests will be for 313 S.E. 5`h Street, 317 S.E. 5`h Street,
46 N.W. l1`h Avenue, and 48 N.W. 11~' Avenue. She stated the City Commission will
need to make findings as to all these and whatever vote they have on this all the copies of
the Board Orders will be conformed to this vote. The City Attomey briefly reviewed the
Boazd Orders with the Commission who made findings according to their consensus
(attached hereto is a copy and made an official part of the minutes).
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12/11/07
Mr. Eliopoulos moved to adopt the Board Order and allow the City
Attorney to conform other Boazd Orders to this vote, seconded by Mr. McDuffie. Upon
roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr.
Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 5
to 0 vote.
9.H. WAIVER REQUEST/SPADY CULTURAL COMPLEX• Consider a
waiver request associated with the Class N Site Plan Modification for the property
located at 154 -170 N.W. 5th Avenue, Susan Williams House and Spady Cultural
Complex, located within the West Settlers Historic District. (Quasi-Judicial Hearin
Mayor Ellis stated Item 9.H. will be combined with Item 9.I. and there
will be one Quasi-Judicial Hearing. Staff will take testimony and statements on both and
there will be two votes.
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor Ellis asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2005-386 and #2006-163 into the record.
Mr. Dorling stated the waiver requests aze to LDR Section 4.4.13(F)(1)(a)
which requires that the overall height of buildings to be a minimum of 25 feet pursuant to
LDR Section 2.4.7(B)(5). On May 2, 2007, the Historic Preservation Board (HPB)
approved the Certificate of Appropriateness and Class N Site Plan Modification which
included the construction of an outdoor amphitheater having an overall maximum height
of sixteen feet six inches (16' 6") and atwo-story ancillazy building having a maximum
height of twenty-four (24'). He stated with that approval they also considered waivers to
these sections and it is now before the City Commission. Staff finds that in this situation
it does not appear appropriate given the surrounding development to require a taller
addition when existing structures on-site aze of lesser height. Mr. Dorling stated as
indicated in the previous waiver request, the minimum of twenty-five (25') is most
appropriate in the CBD areas and in the downtown areas and should be considered on a
case-by-case basis particularly in the historic districts. He stated as an additional item,
the original conditional use is up for renewal and their approval will lapse on January 3,
2008 and they are requesting an 18 month extension. There was significant discussion of
the amphitheater at the time of the original approval and staff requests that these original
conditions be applied. Mr. Dorling stated these conditions were discussed at length with
the applicant when they originally received their conditional use approval and they were
in agreement with them.
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12/11/07
Mayor Ellis stated if anyone 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 regazding the waiver request, the public hearing
was closed.
The City Attorney briefly reviewed the Board Order with the Commission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
Mr. Fetzer moved to adopt the Boazd Order as presented, seconded by Mr.
Eliopoulos. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr.
Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes. Said
motion passed with a 5 to 0 vote.
9_I. CONDITIONAL USE EXTENSION REQUEST/SPADY
CULTURAL COMPLEX: Consider a conditional use extension request for 154 - 170
N.W. 5` Avenue, Susan Williams House and Spady Cultural Complex, located within the
West Settlers Historic District. (Quasi-Judicial Hearinp~
This item was conducted as one hearing with Item 9.H.
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). The City Attorney stated the Commission has approved the
conditional use extension request to allow the previous conditional use approval, subject
to the original conditions of approval, to be valid until July 3, 2009.
Mr. McDuffie moved to adopt the Board Order as presented, seconded by
Mrs. Montague. Upon roll call the Commission voted as follows: Mrs. Montague -Yes;
Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mayor Ellis -Yes. Said
motion passed with a 5 to 0 vote.
9_J. BONUS PAYMENT TO JCD SPORTS GROUP, INC.: Consider
approval of FY 2006 - 2007 bonus payment to JCD Sports Group for both golf operations
in the amount of $12,206.25 and for Tennis Center operations in the amount of
$3,795.00. Funding is available from 445-4711-572-34.90 (Delray Beach Municipal
Golf Course Fund/Other Contractual Services), 446-4711-572-34.90 (Lakeview Golf
Course/Other Contractual Services), 001-4215-575-34.90 (General Fund/Tennis
Operations/Tennis Center/Other Contractual Services) and 001-4210-575-34.90 (General
Fund/Tennis Operations/Stadium/Other Contractual Services).
Robert A. Bazcinski, Assistant City Manager, stated Commission is
requested to consider this bonus payment. He stated by contract, JDC Sports Group, Inc.
is eligible for up to 15% of the annual base fee for meeting annual performance measures
for each golf course (Municipal and Lakeview) and the tennis facility. Performance
measures are weighted by points with 100 points total with the ability to receive an
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additional 25 bonus points for special projects such as hurricane clean up and other
actions. Staff recommends 22 bonus points for the Delray Beach Golf Course since the
monthly Mystery Shopper average score was 90% and the comment card average for
service was 4.6 of a possible 5. Staff also recommended 20 bonus points for the
Lakeview Golf Course since the average Mystery Shopper score was 90% and
recommended 16 bonus points for Tennis Operations since the monthly Mystery Shopper
score was 85% and the City of Delray Beach did not host a FED Cup TIE.
Mr. Fetzer moved to approve the bonus payments to JCD Sports Group for
golf and tennis operations per staffs recommendations, seconded by Mr. Eliopoulos.
Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes;
Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed
with a 5 to 0 vote.
9_K. SPECIAL EVENT PERMIT REOUEST/BOWFIRE
CONCERT/OLD SCHOOL SOUARE: Consider approval of a permit request for the
Bowfire Concert sponsored by Old School Square proposed from 8:00 p.m. to 10:00 p.m.
on January 11, 2008, at Old School Square; authorize staff support for security and traffic
control, trash pick up and removal, barricade assistance, trash boxes, provide 4'x 4' event
signage; authorize reserved parking in the Old School Squaze Parking Garage; contingent
on the receipt of a hold harmless agreement and receipt of the certificate of liability
insurance.
Robert A. Barcinski, Assistant City Manager, stated this is a request from
Old School Squaze regazding the proposed concert (Bowfire Concert) to be held from
8:00-10:00 p.m. on January 11, 2008, to authorize staff support For security and traffic
control, trash pick up and removal, barricade assistance, trash boxes, provide 4' x 4'
event signage, authorize reserved parking in the Old School Square Gazage, Federspiel
Garage, City Hall lots and the CRA lot on N.W. 15~ Avenue and waiver permit fees and
costs for City services.
The estimated cost for staff overtime is $1,600.00 and trash box costs are
$350.00. Based on event policies and procedures, the estimated amount due to the City
would be $560.00, which is being requested to be waived. Staff recommends approval of
the permit for this event, staff assistance as required, event signage and reserving the Old
School Square Garage for concert use only; contingent on the receipt of certificates of
insurance and a signed hold harmless agreement. Staff does not recommend a waiver of
any of the fees.
Mrs. Montague moved to approve the permit for this event per staff's
recommendations (no waiver of fees), seconded by Mr. McDuffie. Upon roll call the
Commission voted as follows: Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis
-Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote.
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12/11/07
9_L. SPECIAL EVENT PERMIT REOUEST/HERE AND NOW
CONCERT (THE LEGACY OF LUTHER VANDROSS)/OLD SCHOOL
SQUARE: Consider approval of a permit request for the Here and Now: The Legacy of
Luther Vandross Concert sponsored by Old School Square proposed from 8:00 p.m.to
10:00 p.m. on January 31, 2008, at Old School Square; authorize staff support for
security and traffic control, trash pick up and removal, barricade assistance, trash boxes,
provide 4'x 4' event signage; authorize reserved pazking in the Old School Square
Parking Garage; contingent on the receipt of a hold harmless agreement and receipt of the
certificate of liability insurance.
Robert A. Barcinski, Assistant City Manager, stated this is a request for
the Here and Now: The Legacy of Luther Vandross Concert sponsored by Old School
Square proposed from 8:00-10:00 p.m., on January 31, 2008, to authorize staff support
for security and traffic control, trash pick up and removal, barricade assistance, trash
boxes, provide 4' x 4' event signage, authorize reserved parking in the Old School
Squaze Garage, Federspiel Garage, City Hall lots and the CRA lot on N.W. ls~ Avenue
and waive permit fees and costs for City services.
The estimated cost for staff overtime is $1,600.00 and trash box costs are
$350.00. Based on event policies and procedures, the estimated amount due to the City
would be $560.00, which is being requested to be waived. Staff recommends approval of
the permit for this event, staff assistance as required, event signage and reserving the Old
School Square Garage for concert use only, contingent on the receipt of certificates of
insurance and a signed hold harmless agreement. Staff does not recommend a waiver of
any of the fees.
Mr. Barcinski stated Old School Square is teaming up on this request as a
fundraiser to help out Roots.
Mrs. Montague moved to approve the permit for this event per staff's
recommendations (no waiver of fees), seconded by Mr. Eliopoulos. Upon roll call the
Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos
- Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 5 to 0 vote.
9.M. AUTHORIZATION TO FILE COMPLAINT FOR INJUNCTIVE
RELIEF/LYDIA R. SMILEY: Consider a request authorizing the City to file a
Complaint for Injunctive Relief against Lydia R. Smiley for failing to comply with
Section 91.02(A) of the Code of Ordinances pertaining to keeping poultry on residential
property when it is prohibited.
Terrill Pyburn, Assistant City Attorney, stated this is a Code Boazd case
where there was a violation. The homeowner had poultry chickens that were being kept
on the property and she was cited by Code Enforcement numerous times since October
2006. She is still not in compliance and the liens and fines have accrued on the property
and therefore Code Enforcement feels the best way to remedy the situation is to seek
injunctive relief through the Court system.
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12/11/07
Mrs. Montague moved to approve to file a complaint for injunctive relief
against Lydia R. Smiley, seconded by Mr. McDuffie. Upon roll call the Commission
voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr.
McDuffie -Yes; Mrs. Montague -Yes. Said motion passed with a 5 to 0 vote.
9_N. APPEAL OF FEMA FUNDING DETERMINATION FOR
HURRICANE FRANCES: Consider a request authorizing the City to appeal the
decision made by FEMA through their audit process, that the City received
approximately $495,000.00 in funds that was an overpayment from FEMA.
Brian Shutt, Assistant City Attorney, stated FEMA reimbursed the City of
Delray Beach for expenses the City incurred in deposing of hurricane debris for
Hurricane Frances. He stated subsequent to the reimbursement in 2005, the City in its
own internal audit, uncovered some expenses which FEMA questioned the contractor the
City used with regard to the billing procedure (unit prices versus total amount) in hauling
the debris from the street to a temporary debris site and then onto a landfill. The City of
Delray Beach stated they made FEMA aware of that. These findings were passed along
to the State Emergency Management Project Officer who verbally recommended that the
charges be accepted as the total cost was fair and equitable. In October 2007, FEMA
performed its final audit of the project and determined that the over-billed amount of
$495,000.00 should be repaid to FEMA. Mr. Shutt stated staff is seeking approval from
the City Commission to file an appeal and they met with FEMA yesterday.
The City Attomey stated the City has deadlines to file this appeal.
Mr. McDuffie moved to approve the appeal of FEMA funding
determination regarding the $495,000.00 overpayment, seconded by Mr. Eliopoulos.
Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -
Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes. Said motion passed
with a 5 to 0 vote.
9_O. SETTLEMENT OFFER/OUIET TITLE ACTION/CHARLES
POWELL V. THE CITY: Consider approval of a Settlement Offer in the amount of
$485.85 in the Quiet Title Action of Charles Powell v. the City. Staff recommends
approval subject to the receipt of the appropriate releases.
Brian Shutt, Assistant City Attorney, stated Mr. Charles Powell has filed a
Quiet Title Action against the City of Delray Beach. Mr. Shutt stated Mr. Powell owns a
lot in the Silver Terrace subdivision. Prior to his ownership, there were six nuisance
abatement liens that were filed on this property between 1993 and 1995. At that time, the
City's expenses that we incurred to abate the nuisance were for mowing the grass, etc. as
well as the recording fee came to approximately $441.09. Mr. Powell is offering to pay
the City of Delray Beach $485.85. Under the City's nuisance abatement ordinance, the
City charges interest when the liens are not paid. The total amount for the six liens on
this property to date is $2,033.00.
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The City Attorney stated Mr. Powell would like to pay the actual cost and
he was not the owner of the land when the nuisances occurred.
Mr. Eliopoulos moved to approve the Settlement Offer in the amount of
$485.85 in the Quiet Title Action of Charles Powell v. the City of Dehay Beach,
seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr.
Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr.
Eliopoulos -Yes. Said motion passed with a 5 to 0 vote.
9.P. RESOLUTION NO. 71-07: Consideration of Resolution No. 71-07
regarding the City pursuing measures to become a "Green Local Government" using the
Green Local Government Standard developed by the Florida Green Building Coalition.
The caption of Resolution No. 71-07 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, TO PURSUE
MEASURES TO BECOME A "GREEN LOCAL
GOVERNMENT" THROUGH IMPROVED
ENVIRONMENTAL PERFORMANCE, USING
CRITERIA AND STANDARDS DEVELOPED BY THE
FLORIDA GREEN BUILDING COALITION, AND
ENCOURAGING THE LEGISLATURE AND
GOVERNOR TO SUPPORT THE GREEN LOCAL
GOVERNMENT PROGRAM.
(The official copy of Resolution No. 71-07 is on file in the City Clerk's
office.)
Doug Smith, Assistant City Manager, stated this is consideration of a
resolution regarding the City pursuing a Green Local Government designation through
standards that have been put together by the Florida Green Building Coalition. He stated
this has been a process that has been supported by the Florida League of Cities and the
process involves undergoing a review on a list of criteria that this Coalition has
established where you look at each function of local government and rate yourself on
different criteria (i.e. how many alternative fuel vehicles you have in place). He stated
each of those is worth a certain number of points and the process could be helpful just as
an evaluation to gauge where the City falls on different items. Mr. Smith stated with
input from the Green Task Force (appointments to the Green Task Force will be January
3, 2008), the City can look into pursuing one of the certifications based on how many
points the City is able to earn.
Mayor Ellis stated this is a good measure for the City to determine where
they are and where they want to be.
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12/11/07
Mrs. Montague moved to approve Resolution No. 71-07, seconded by Mr.
McDuffie. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mrs.
Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said
motion passed with a 5 to 0 vote.
9~. U.S. 1 CORRIDOR/TEMPORARY IMPROVEMENTS: Consider
approval of the implementation of the proposed temporazy improvements along SE/NE
5`s Avenue and SE/NE 6"' Avenue between SE lOs' Street and George Bush Boulevard.
Cost of temporary installation not to exceed $670,000.00. Funding will be provided by
the Community Redevelopment Agency (CRA).
Randal Krejcazek, City Engineer, stated this item is for Commission
approval to move forward with the temporary installation of improvements along US-1
between S.E. 10"' Street and George Bush Boulevard. Mr. Krejcazek stated these
temporary improvements involve taking the six lane corridor down to a four lane corridor
so that staff can measure the after data for the traffic and various components that relate
to the traffic on that corridor to the before data that staff took last year.
Mr. Krejcarek gave a brief PowerPoint presentation and stated in 2004 the
City of Delray Beach hired Kimley-Hom and Associates to do a study and these were the
five objections of that study: (1) beautify the corridor, (2) create apedestrian-friendly
environment, (3) safety, (4) speeds were a concern (5) maintain the vehicular capacity of
the corridor. He stated with regazd to creating apedestrian-friendly environment, counts
were taken both on southbound Federal Highway and northbound Federal Highway and
staff found that the highest concentration of crossings were across Federal Highway
which is currently a four lane facility. He stated staff looked at safety and noted that the
highest number of crashes is right at those two intersections with Atlantic Avenue which
is southbound Federal Highway and northbound Federal Highway. Staff also considered
speeds in the study and discovered that the 50"' percentile is 41 mph and is consistent
throughout the corridor. Mr. Krejcarek stated with regazd to capacity, currently three
lanes give a capacity somewhere around a little over 3,000 vehicles per hour. He
explained that by going from two lanes to three lanes they are not giving up capacity and
still have ample room for growth. In 1998, Mr. Krejcarek stated the Florida Department
of Transportation (FDOT) studied this corridor and came up with the suggestion that the
20/20 projections would be around 32,000 vehicles. FDOT also recommended a growth
rate of between .5% percent and 1% percent in vehicles on an annual basis. He stated
data was taken by the County between 2004-2007 during peak season and there is only
one section between 10`h and Atlantic Avenue that is growing at about one (1%) percent
and the rest are actually declining from about four percent (4%) to eight (8%) percent.
Mr. Krejcarek stated the closer you get to downtown the more important it is to have
wider sidewalks to encourage pedestrian movement. He stated staff is trying to
accomplish this by changing the sidewalk width to eleven feet (11') and still have parking
and still maintain the bike lane.
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12/11/07
Mr. Krejcarek stated staff would like to go back to FDOT to get a permit
modification to do this on a temporary basis. He stated staff is going to install curbing on
Atlantic Avenue but it will more on a temporazy side of curbing so that we encourage the
pedestrians to get out as faz as they can so they have a shorter distance to cross as
possible. He stated northbound and southbound Federal Highway would look exactly the
same. As you get farther away from the core downtown area, Mr. Krejcarek stated the
City would maintain the sidewallcs, maintain pazking on the outside and add pazking on
the inside by putting in the "Tuff Curb" in order to create the third lane into a parking
lane.
Mayor Ellis clarified that going from George Bush Boulevard to S.E. 10th
Street at that point there is a natural transition back to the two lanes. Mr. Krejcarek stated
this is correct.
Mr. Fetzer inquired about the length of the trial period. Mr. Krejcazek
stated it is staff's intent to try and get the temporazy put in as quickly as possible. He
stated with regazd to the timeframe, staff is hoping to get this in azound January 2008 so
that they can gather data in April 2008. Mr. Krejcarek stated staff took the before data
last April. He stated staff hopes to start the design in July 2008 with construction
beginning the following year (4th to 4`h) and the remainder of it would be kept in place
and work out as the money becomes available and noted there aze three phases. Mr.
Fetzer asked if there is a way that FDOT would allow the City to do a trial on a shorter
section (i.e. 4`h to 4th). Mr. I{rejcazek stated staff had lengthy discussions with FDOT
regazding this and their main concern was when the vehicles get back to the three lane
section everyone is going to speed up and we aze going to see that 85th percentile speed
go up. FDOT's other concern was that when that speed starts going up you start getting
into the safety concerns and they felt the crashes would also increase. Therefore, Mr.
Krejcarek stated FDOT was adamant about S.E. 10`h Street to George Bush Boulevard.
Mayor Ellis stated she feels we have an unsightly expressway that goes
through our town. She stated when you look at the landscaping and sidewalk possibilities
and allow people to cross the street without taking their life into their hands, she is
convinced that this is the way to go. Mayor Ellis stated there will be data coming back to
the City.
Mr. Fetzer stated he understands that the City received a grant; however, if
the City does this on a permanent basis all the way from George Bush Boulevard to S.E.
10th Street is going to be very costly. Mr. ICrejcazek stated this is why he displayed
Option #3 and Option #2 because he believes the costs are going to be greater as we aze
closer to Atlantic Avenue because one of the goals is to increase pedestrian movement
and thus the reason for creating wider sidewalks. He stated as we get farther out the
curbs will not be moved and feels this will help to bring the costs down a little.
Mr. Eliopoulos stated the only way to slow down cazs is by doing this.
He feels we are going to have some of these costs that maybe able to be offset with some
of these developers as they come on line. Mr. Eliopoulos stated he concurs with
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comments expressed by Mr. Fetzer that it is going to be unsightly but he would rather see
that than doing something so permanent that many people might still have questions
about what the City is doing and may not want to see it happen. He supports this on a
temporary basis and in his opinion feels in the long run, this is going to be the best thing
for the City.
Mayor Ellis concurred with comments expressed by Mr. Eliopoulos.
Mrs. Montague stated this is something we have been talking about for
years. She stated studies were done and Charettes were done along with public input so it
has been a process. Mrs. Montague stated the goal is to not only slow down the traffic
but it is one of the few areas on Federal Highway where there are three lanes. She stated
the City is also trying to connect east with west (i.e. AlA to I-95). She stated she sees
this as a Phase I that is going to be a permanent change. Mrs. Montague stated she does
not see this as $670,000 for something temporary and noted that it is a behavior
modification in addition so by the time we get to the permanent thing people will be used
to it and she feels the City is going to thrive from this.
Mr. Eliopoulos stated as the traffic is slowed down he feels stores and/or
activities will occur on Federal Highway that will survive. He feels over time this will
reinforce a lot of things with regards to the City's economics downtown.
Mrs. Montague moved to aphprove the implementation of the proposed
temporary improvements along S.E./N.E. St Avenue and S.E./N.E. 6th Avenue between
S.E. 10th Street and George Bush Boulevard, seconded by Mr. Eliopoulos. Upon roll call
the Commission voted as follows: Mrs. Montague -Yes; Mayor Ellis -Yes; Mr.
Eliopoulos -Yes; Mr. Fetzer - No; Mr. McDuffie -Yes. Said motion passed with a 4 to
1 vote, Mr. Fetzer dissenting.
At this point, Mayor Ellis stated the Commission has to have a motion to
continue the meeting past 11:00 p.m.
Mr. McDuffie moved to approve to continue the meeting past 11:00 p.m.,
seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor
Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs.
Montague -Yes. Said motion passed with a 5 to 0 vote.
At this point, Commissioner McDuffie stepped away from the dais.
9_R APPOINTMENTS TO THE HIDS AND COPS COMMITTEE:
Appoint three (3) regular members to the Kids and Cops Committee to serve two (2) year
terms ending November 30, 2009. Based upon the rotation system, the appointments will
be made by Mayor Ellis (Seat #5), Commissioner Eliopoulos (Seat #1) and
Commissioner Fetzer (Seat #2).
-45-
12/1 I/07
Mayor Ellis stated she would like to reappoint Jennifer Buce as a regulaz
member to the Kids and Cops Committee to serve a two (2) year term ending November
30, 2009. Mrs. Montague so moved, seconded by Mr. Eliopoulos. Upon roll call the
Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mrs. Montague -
Yes; Mayor Ellis -Yes. Said motion passed with a 4 to 0 vote.
Mr. Eliopoulos moved to reappoint Caroline "Cor}~' Cassidy as a regular
member to the Kids and Cops Committee to serve a two (2) year term ending November
30, 2009, seconded by Mrs. Montague. Upon roll call the Commission voted as follows:
Mr. Fetzer -Yes; Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said
motion passed with a 4 to 0 vote.
Mr. Fetzer moved to reappoint Officer Francis Moschette as a regulaz
member to the Kids and Cops Committee to serve a two (2) year term ending November
30, 2009, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows:
Mrs. Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said
motion passed with a 4 to 0 vote.
9.5. APPOINTMENT TO THE DOWNTOWN DEVELOPMENT
AUTHORITY: Appoint one (1) regulaz member to the Downtown Development
Authority (DDA) to serve an unexpired term ending July 1, 2008. Based upon the
rotation system, the appointment will be made by Commissioner Eliopoulos (Seat # 1).
Mr. Eliopoulos moved to appoint Diane Franco as a regulaz member to the
Downtown Development Authority (DDA) to serve an unexpired term ending July 1,
2008, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mrs.
Montague -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said
motion passed with a 4 to 0 vote.
At this point, the time being 11:18 p.m., Commissioner McDuffie returned
to the dais and the Commission moved to Item 9.U. of the Regular Agenda.
9_U. PURCHASE AWARD/MWI CORPORATION: Consider approval of
a purchase award to MWI Corporation in the amount of $46,692.00 for a replacement
storm water pump at the Thomas Street Pump Station. Funding is available from 448-
5461-538-68.18 (Stormwater Utility Fund/Storm Water Pump St Rehab).
The City Manager stated a pump has failed in the Thomas Street Pump
Station and the lead time on the pump is approximately 16 weeks. He stated the vendor
recommended a stainless steel replacement and noted the pump that was in there was
stainless steel and was purchased in 1988. However, the cost is• approximately
$75,000.00 and the City has had good luck with pumps that have a "Cor-Ten" steel which
is a epoxy coated product which is approximately $46,000.00. Staff recommends an
award to MWI Corporation in the amount of $46,692.00 for the purchase of a new storm
water pump for Thomas Street Pump Station.
-46-
12/11/07
Richard Hasko, Director of Environmental Services, stated the City has
had that material of pump in other storm water pump stations for ten or more years. He
stated staff has had very good luck with them and all the pumps aze still in service and are
in good condition.
Mrs. Montague stated the storm water pump that just broke lasted twenty
years and asked if the other pumps are functioning without a problem over the last ten
years. In response, Mr. Hasko stated the pumps are all working fine and noted that they
aze on the City's maintenance rotation. He continued to state that staff has experienced
no failure and no noticeable deterioration.
Mayor Ellis commented that this must be "they don't built it until you buy
it" kind of scenario. Mr. Hasko stated for pumps and equipment of this nature it is all
custom made. MWI Corporation supplied and built the original pump; staff would be
spending more time and money by going to another vendor. Mr. Hasko stated staff is
going to salvage the motor from this installation and just replace the pump.
Brief discussion by the Commission followed.
Mr. Fetzer moved to approve the awazd to MWI Corporation in the
amount of $46,692.00 for the purchase of a new storm water pump for Thomas Street
Pump Station, seconded by Mrs. Montague. Upon roll call the Commission voted as
follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -
Yes; Mrs. Montague -Yes. Said motion passed with a 5 to 0 vote.
At this point, the time being 11:20 p.m., the Commission moved back to
Item 9.T. of the Regular Ageuda.
9_T. APPOINTMENT TO THE NEIGHBORHOOD ADVISORY
COUNCIL: Appoint one (1) regulaz member from Zone 1 to the Neighborhood
Advisory Council to serve an unexpired teen ending October 31, 2008. Based upon the
rotation system, the appointment will be made by Commissioner McDuffie (Seat #3).
Mr. McDuffie moved to appoint Ria Santos as a regular member from
Zone 1 to the Neighborhood Advisory Council to serve an unexpired term ending
October 31, 2008, seconded by Mrs. Montague. Upon roll call the Commission voted as
follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mrs. Montague -
Yes; Mayor Ellis -Yes. Said motion passed with a 5 to 0 vote.
12. FIRST READINGS:
12_A. NONE
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13_A. City Manaeer
-47-
12/11/07
The City Manager stated with regard to a question from Mr. Eliopoulos
regazding the Parks and Recreation Director position, the City received 105 applicants.
Staff has narrowed this down to seven applicants including a couple of in-house
applicants and an interview panel will convene in mid-January 2008.
13.B. City Attorney
The City Attorney stated there was an inquiry made as to whether or not
the City of Delray Beach would be interested in purchasing some property located on the
west side of N.W. 2"d Avenue approximately 300 feet north of N.W. 15` Street. She stated
this is approximately 4.83 acres of land and there aze six units on this property and it is
near the Tennis Center. The City Attomey asked the City Commission for direction and
stated this would come back for formal votes with regard to the contracts and advertising
would also be required.
Mrs. Montague inquired about whether the units have tenants. The City
Attorney stated all but one unit has tenants and they rent month-to-month.
The City Manager stated his understanding is that the Community
Redevelopment Agency (CRA) has put out an RFP (Request for Proposal) and they are
soliciting proposals from both entities and the City expects to piggyback on their
proposal to continue renting these until such time as we have other need of the property.
It was the consensus of the Commission to move forward.
13.C. City Commission
13.C.1. Mr. Fetzer
Mr. Fetzer asked why the City did an early retirement offer to the previous
Director of Pazks and Recreation if we had intentions of filling that position. The City
Manager stated there aze some positions that have not been filled and there are always
some people that fall into that category. The City Manager stated there are some internal
applicants and he would have to see whether or not they would have to be replaced if
they were promoted internally. He stated in most cases where you bring someone on you
aze bringing on someone with considerably less pay.
13.C.2. Mr. Eliopoulos
With regazd to a comment expressed by Mr. Grabham, Mr. Eliopoulos
stated whatever information that is being gathered for the residents in the Marina District
he thought maybe we should not be doing this. He stated because of the potential lawsuit
involving Claudia Willis he does not think it is right to have them doing anything at the
moment.
-48-
12/11/07
The City Manager stated his understanding is that they are gathering
information which will be given to a professional.
13.C.3. Mr. McDuffie
Mr. McDuffie echoed comments expressed by Commissioner Eliopoulos.
Secondly, he stated he is concerned about the crime at Osceola Pazk and
commented about the shooting on 6`h.
The City Manager stated it appears there aze two or three different groups
and noted that there is a meeting set for Friday, December 7, 2007 with a group of people
from that neighborhood. He stated there are others that have asked for meetings who do
not know that this meeting is taking place. The City Manager stated he will be meeting
with Chief Schroeder, Mrs. Butler and others from the neighborhood on Friday.
Mr. McDuffie stated he has been on the Board of Directors of the Delray
Beach National Little League for approximately 15 years and during this time a number
of times they tried to negotiate with Delray Beach American Little League to become one
little league in Delray. He stated it is a positive thing for Little League, a positive thing
for the City of Delray Beach, and brings the community together. Mr. McDuffie stated
the current President of the Delray Beach National Little League and the current
President of the Delray Beach American Little League have gotten together and they
have agreed to play a season together with two different charters. Mr. McDuffie stated
he hopes that we end up with one single Little League in Delray Beach. He briefly
discussed the fees charged for kids to play and noted there aze many things that the
Delray National players get that the Delray Beach American League players do not (paid
umpires versus volunteer umpires). He stated sponsorships are sold for each team and it
is very difficult to get two sponsors for a single team because the sponsor wants their
name on the jersey and the recognition the advertising that they get from the kids running
around on the field with their name on the jersey. Mr. McDuffie stated he is not sure if
there is anything in the City's ordinances that would prohibit private advertising within
the baseball fields themselves (i.e. selling removable banners on the outfield fences, etc.).
He stated there is a possibility that we could raise enough to level the fee that we are
charging each of these kids to play and make it more attractive to the Delray Beach
American Little League families and maybe attract more in than they are getting in right
now.
The City Manager stated at the Delray Beach Housing Authority (Carver
Estates) there was a baseball field the "Ted Bush Field" and now since that is being
redeveloped (the City has not been able to get this included) but the City of Delray has
received a donation of $38,000.00 to make improvements to the Little League fields at
Pompey Park and field one will be named in honor of Ted Bush. The City Manager
stated they are going to re-do the batting cages, the infield, and the lighting with that
money.
-49-
12/11/07
Mr. McDuffie stated there was a great article in the Sun-Sentinel regarding
the City's garages.
He commented about Florida Public Radio and sober houses.
Mr. McDuffie stated Spady Museum was great.
He stated there were some very positive comments about the Delray Boat
Parade and the fact that Boca Raton cancelled theirs.
Following the City Manager's comment on Chatelaine, Mr. McDuffie
stated he met with Jayne King, Alice Finst, and Cliff Durden and laid out a list of things
in detail they wanted to discuss with him about what the City Manager was talking about
earlier in the meeting. Mr. McDuffie stated he passed that on tg Lula Butler and she will
get back with him regarding the plan.
13.C.4. Mrs. Montaeue
Mrs. Montague stated she attended an event at Pineapple Grove and stated
this area has become such an art center and noted that City Walk is beautiful. She stated
she was asked if there is a description for the Green Task Force and the professional
backgrounds that they aze looking for.
13.C.5. Mayor Ellis
Mayor Ellis wished everyone a Happy Holiday and commented that the
pazade was really fun.
14. CLOSED ATTORNEY/CLIENT SESSION pursuant to F.S. 286.011(8)
re: the case o£
Del Boca Vista, LLC, et al. v. City of Delray Beach
Case No. 07-80452-CN-Middlebrooks
Attendees: Mayor Rita Ellis
Commissioner Gary P. Eliopoulos
Commissioner Fred B. Fetzer
Commissioner Woodie McDuffie
Commissioner Brenda B. Montague
City Manager David Harden
City Attorney Susan Ruby
Assistant City Attorney Terrill Pyburn
A certified court reporter
Purpose: Discuss settlement negotiations and strategy related to
litigation expenditures in the above case.
-50-
12/11/07
15. SETTLEMENT OF:
at this time.
Del Boca Vista, LLC, et al. v. City of Delray Beach
Case No. 07-80452-CIV-Middlebrooks
The City Attorney stated she had received direction. No vote was needed
There being no further business, Mayor Ellis declared the meeting
adjourned at 12:13 a.m.
City Clerk
ATTE
`~ -~zs-~
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 December 11, 2007, which Minutes were formally approved and adopted by the City
Commission on January 3, 2008
~J. ~~1
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.
-51-
12/11/07
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. This is an appeal of a decision of the Site Plan Review and Appearance
Board (SPRAB) regarding the denial of the building elevations by SPRAB of the
Pediatrics by the Sea Project located at 285 SE 5`h Avenue. This appeal comes before
the City Commission on December 11, 2007.
2. The Appellants, Appellee and City staff presented documentary evidence
and testimony to the City Commission pertaining to the appeal of the denial of the
building elevations by SPRAB for the Pediatrics by the Sea Project. All of the evidence
is part of the record in this case.
Required findings are made in accordance with
Subsections I and II.
COMPREHENSIVE PLAN:
REQUIREMENTS MET?
ARE THE COMPREHENSIVE PLAN
Is the denial of the building elevations consistent with and does it further the
policies and objectives of the Comprehensive Plan?
Yes X No
II. LAND DEVELOPMENT REGULATIONS: ARE THE LDR REQUIREMENTS
MET?
Pursuant to LDR Section 4.6.18(6)(1), buildings or structures which are a part of
a present or future group or complex shall have a unity of character and design. The
relationship of forms and the use, texture, and color of materials shall be such as to
create a harmonious whole. When the area involved forms an integral part of, is
immediately adjacent to, or otherwise clearly affects the future of any established
section of the City, the design, scale and location on the site shall enhance rather than
detract from the character, value, and attractiveness of the surroundings. Pursuant to
LDR Section 4.6.18(6)(2) and (3), all facades visible to public or adjacent property shall
be designed to create a harmonious whole. Materials shall express their function
clearly and not appear as a material foreign to the rest of the building. Pursuant to LDR
3ECtiac 4.6.18(6)(4), to be harmonious, it is not to be inferred that buildings must look
Iz~,y1o7
SCANNED
q.A
alike or be of the same style. Harmony can be achieved through the proper
consideration of scale, proportion, site planning, landscaping, materials, and color.
Are these requirements met?
Yes X No
Pursuant to LDR Section 4.6.18(E), the following criteria shall be considered by the Site
Plan Review and Appearance Board in the review of plans for building permits. If the
following criteria are not met, the application shall be disapproved.
(1)The plan or the proposed structure is in conformity with good taste, good design,
and in general, contributes to the image of the City as a place of beauty,
spaciousness, harmony, taste, fitness, broad vistas, and high quality.
(2) The proposed structure, or project, is in its exterior design and appearance of quality
such as not to cause the nature of the local environment or evolving environment to
materially depreciate in appearance and value.
(3) The proposed structure, or project, is in harmony with the proposed developments in
the general area, with the Comprehensive Plan, and with the supplemental criteria
which may be set forth for the Board from time to time.
Are these requirements met?
Yes X No _
3. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the development application was submitted and
finds that its determinations set forth in this Order are consistent with the
Comprehensive Plan and Land Development Regulations.
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.
2
5. Based on the entire record before it, the City Commission approves X
denies the appeal, with the condition(s) as provided in Exhibit "A", and hereby
adopts this Order this 11~' day of December, 2007, by a vote of 5 in favor and
0 opposed.
ATTEST:
•. ~.,.
Chevelle Nubin ~ ~,i~J~coo7
City Clerk
-` ~
~,,~~ ~ ~~
Rita Ellis, Mayor
3
EXHIBIT "A"
To the Commission Order Regarding the Appeal of the SPRAB Decision for the Pediatrics
by the Sea Project
That the corrugated metal siding be replaced with cementitious siding.
4
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
WAIVER REQUESTS FOR PEDIATRICS BY THE SEA
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
The waiver requests have come before the City Commission on
December 11, 2007.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the waiver requests for the Pediatrics by
the Sea Project. All of the evidence is a part of the record in this case. Required
findings are made in accordance with Subsection I.
I. WAIVERS:
Pursuant to LDR Section 4.4.13(F)(1)(a), overall height of building shall be a minimum of 25 feet
and a maximum of 48 feet. The proposed height of the building addition is 15 feet. The
applicant has requested a waiver from the minimum building height.
Pursuant to LDR Section 4.4.13(F)(4)(f)(1), the front setback area shall be finished with paving
materials to match the existing or planned sidewalks within the adjacent right-of-way. The front
setback area (the area between the building and the property line along SE 5`h Avenue) is
proposed as landscape area. The applicant has submitted a waiver request to eliminate the
paving requirement.
Pursuant to LDR Section 4.6.14, a 40-foot visibility triangle is required at the intersection of SE
3rd Street and SE 5`" Avenue. The proposed building addition encroaches approximately 10 feet
into the required visibility triangle. The applicant has submitted a waiver request to reduce the
required visibility triangle.
Per LDR Section 4.6.18(B)(14)(iv)(2), the minimum transparency or glass surface area on the
ground floor wall area of all non-residential and mixed-use buildings shall be a minimum of 75%
of the wall area for that elevation. All storefronts or glass areas abutting the street shall be
transparent, non-solar or non-mirrored, and have a light transmission reduction of no more than
20%. The western and southern elevations of the building addition do not provide a minimum
glass area of 75%. The applicant has requested a waiver from the minimum transparency
requirement.
Pursuant to LDR Section 6.1.8, utility facilities serving the development including but not limited
to gas, electric power, telephone, and CAN cables shalt be located underground throughout
the development. The applicant has requested a waiver from this requirement to maintain the
existing overhead service utilities.
uant to LDR Section 2.4.7(8)(5), prior to granting a waiver, the approving body
t1~'~loshall ake a finding that the granting of the waiver:
SCANNED ,
~~ / ~ ~~3
(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.
Would the waiver of Section 4.4.13(F)(1)(a) to reduce the minimum building height to 15 feet
comply with the requirements of 2.4.7(6)(5)?
Yes 5 No 0
Would the waiver of Section 4.4.13(F)(4)(f)(1) comply with the requirements of
2.4.7(6)(5)?
Yes 5 No 0
Would the waiver of Section 4.6.14, subject to a condition of approval that written
notification be provided from FDOT that indicates approval of the proposed building
location and adequacy of the line of sight, to allow the building to encroach 10 feet into
the visibility triangle comply with the requirements of 2.4.7(6)(5)?
Yes 5 No 0
Would the waiver of Section 4.6.18(B)(14)(iv)(2) comply with the requirements of
2.4.7(6)(5)?
Yes 5 No 0
Would the waiver of Section 6.1.8 comply with the requirements of 2.4.7(6)(5)?
Yes 5 No 0
3. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the original development application was
submitted and finds that its determinations set forth in this Order are consistent with the
Comprehensive Plan.
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
2
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 or
denies the waiver requests as follows:
LDR Section Approve Deny
4.4.13.(F)(1)(a) (reduce minimum height from 25ft to 15 ft X
4.4.13.(F)(4)(f)(1) (eliminate paving requirement) X
4.6.14 (encroach 10ft in visibility triangle) subject
to DOT approval' X
4.6.18(B)(14)(iv)(2) (waive minimum glass area) X
6.1.8 (waive requirement to place utilities underground) X
6. Based on the entire record before it, the City Commission hereby adopts
this Order this 11"' day of December, 2007, by a vote of 5 in favor and 0
opposed.
" ~? ~
c;
ATTEST: -', ` ~ Rita Ilis, Mayor
~• Chevelle Nub~n ~. `, Cferk ~' _.t~. ,~1aoo'~
3
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
WAIVER REQUESTS FOR ONNEN DISASTER AND RECOVERY CENTER
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. The waiver requests have come before the City Commission on
December 11, 2007.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the waiver requests for the Onnen
Disaster and Recovery Center Project. All of the evidence is a part of the record in this
case. Required findings are made in accordance with Subsection I.
I. WAIVERS:
Pursuant to LDR Section 4.4.13(F)(4)(f)(1), the front setback area shall be finished with paving
materials to match the existing or planned sidewalks within the adjacent right-of-way. The front
setback area (the area between the building and the property line along NE 4th Avenue) is
proposed as landscape area. The applicant has submitted a waiver request to eliminate the
paving requirement.
Pursuant to LDR Section 4.6.14, a 20-foot visibility triangle is required at the intersection of the
driveways and NE 4'" Avenue. The screening walls and columns of the building encroach
approximately 15 feet into the required visibility triangle. The applicant has submitted a waiver
request to reduce the required visibility triangle.
Per LDR Section 4.6.18(B)(14)(iv)(2), the minimum transparency or glass surface area on the
ground floor wall area of all non-residential and mixed-use buildings shall be a minimum of 75%
of the wall area for that elevation. All storefronts or glass areas abutting the street shall be
transparent, non-solar or non-mirrored, and have a light transmission reduction of no more than
20%. The eastern elevation of the building does not provide a minimum glass area of 75%.
The applicant has requested a waiver from the minimum transparency requirement.
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.
uld the waiver of Section 4.4.13(F)(4)(f)(1) eliminate paving along front setback to
t2I~9~o~ sidewalks comply with the requirements of 2.4.7(6)(5)?
SCANNED 1
~'~ Q-C
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
CONDITIONAL USE REQUEST FOR WALMART
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. This conditional use request has come before the City Commission on
December 11, 2007.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the conditional use request for Walmart.
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 Mau: 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 1
b. Concurrence: 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 1
I~I2o~o~
SCANNED
\ ~ i
a 1 'yl~lpl
1• J
c. Housing Element Policy A-12.3: In evaluating proposals for new
development or redevelopment, the City shall consider the effect that the proposal will
have on the stability of nearby neighborhoods. Factors such as noise, odors, dust,
traffic volumes and circulation patterns shall be reviewed in terms of their potential to
negatively impact the safety, habitability and stability of residential areas. If it is
determined that a proposed development will result in a degradation of any
neighborhood, the project shall be modified accordingly or denied.
Is the project consistent with Housing Element Policy A-12.3?
Yes 4 No 1
II. 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 the requirements of LDR Section 2.4.5(E) be met?
Yes 4 No 1
b. LDR Section 4.3.3(W) 24-Hour or Late Night Businesses: In addition
to any findings required by Section 2.4.5(E) of the Land Development Regulations, and
any other required findings, the following specific findings shall be made in order for any
24-Hour or late night business to be approved for a conditional use:
1. That the use will be consistent with Housing Element A-12.3 of the
Comprehensive Plan of the City of Delray Beach.
2. That the submitted security plan contains measures adequate to reasonably
protect the safety of patrons, employees and nearby residents.
3. That the amount and type of proposed buffering is adequate to minimize the
effects of noise impacts upon surrounding uses and nearby residential
2
properties and to act as a visual buffer to the property from surcounding uses
and nearby residential properties.
Will the requirements of LDR Section 4.3.3(VV) be met?
Yes 4 No 1
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 and
finds that its determinations set forth in this Order are consistent with the
Comprehensive Plan and Land Development Regulations.
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 request subject to conditions attached hereto and
hereby adopts this Order this 11"' day of December, 2007, by a vote of 4 in favor
and. 1 opposed.
4 ~Q ~~
Rita ~IIiS, Mayor
ATTEST:
Chevelle Nubin
City Clerk
3
CONDITIONS
1. That the external security patrol be extended from 7:00 a.m. to sunrise, seven
days a week.
2. That the location and coverage of the exterior cameras are provided on the plans
and that the property has 100% camera coverage.
3. That the gaps between the existing and proposed trees are filled in with Crepe
Myrtle (or other acceptable trees) at a spacing not to exceed 15feet on-center along
the south side of the property.
4. Subject to Security Plan Submission contained in the agenda materials, as modified
by the conditions set forth herein..
5. Dedicated inside security person at all times.
6. Additional Private Security Plan for the increased and enhanced security inside and
outside during the holiday season (November through January) which shall be
submitted to the City.
7. This 24 hour late night conditional use approval is subject to approval for super
center and subject to completion of super center.
4
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
EXTENSION REQUEST FOR CONDITIONAL USE APPROVALS GRANTED TO
ATLANTIC SHORES FOR HEIGHT AND DENSITY (THE EXTENSION REQUEST)
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. The above named conditional use extension request has come before the
City Commission on December 11, 2007.
2. This conditional use extension request comports with the future land use
element, is concurrent with the Comprehensive Plan and is consistent with the goals,
policies and objectives of the City's Comprehensive Plan.
3. The applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the conditional use extension request for
the Atlantic Shores Development. All of the evidence is a part of the record in this
case. Required findings are made in accordance with LDR Section 2.4.4(F)(1) and
(F)(2)•
4. Section 2.4.4(F)(1) requires certain preliminary requirements to be met,
such as:
A written request submitted at (east 45 days prior to the expiration date;
The request must set forth the basis and reason for the extension;
The request must be considered by the same body that granted the approval;
The extension, if granted, shall be for a term of 18 months unless otherwise
stated.
Have the preliminary requirements of Section 2.4.4(F)(1) been met?
Yes 5 No 0
5. In making a determination under LDR Section 2.4.4(F)(2) the Commission
shall consider the following regarding the diligence and good faith of the Developer:
v
~~~~(~ hen the construction commenced;
S ~'I NNEp- a extent to which construction has proceeded;
1.G
~~
The extent to which there has been a bonafide wntinuous effort to develop but
because of circumstances beyond the control of the developer, it was not
possible to meet the 25% standard.
Has the Developer shown diligence and good faith to commence and
complete construction of the project?
Yes 5 No 0
6. The wmments and notes set forth in the staff report are hereby
incorporated herein.
7. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the conditional use extension request was
submitted and finds that its determinations set forth in this Order are consistent with the
Comprehensive Plan and Land Development Regulations.
8. 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.
9. Based on the entire rewrd before it, the City Commission approves X
denies the wnditional use extension request, subject to the condition(s) listed in
Exhibit "A", attached hereto and incorporated herein, to allow the previous conditional
use approval to be valid until January 3, 2010. The City Commission hereby adopts this
Order this 11 "' day of December, 2007, by a vote of 5 in favor and 0 opposed.
Rita Ellis, Mayor
ATTEST:
Chevelle Nubin
City Clerk
2
EXHIBIT "A"
To the Atlantic Shores Conditional Use Extension Request Commission Order
That the applicant has the site seeded and watered until the grass is established,
and the grass be maintained, and the perimeter construction fence be removed
or, if left in place, beautified with black coated chain link or similar aesthetic
fencing until construction is imminent.
3
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
WAIVER REQUESTS FOR HAMMAD SHOPPES
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. The waiver requests has come before the City Commission on December
11, 2007.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the waiver requests for the Hammad
Shoppes Project. All of the evidence is a part of the record in this case. Required
findings are made in accordance with Subsection 1.
I. WAIVERS:
Pursuant to LDR Section 4.4.13(F)(1)(a), overall height of building shall be a minimum
of 25 feet and a maximum of 48 feet. The proposed height of the building addition is
17'3". The applicant has requested a waiver from the minimum building height.
Pursuant to LDR Section 4.6.16(H)(3)(d), alive foot (5') landscape strip between off-
street parking areas or other vehicular use areas and abutting properties shall be
required. The applicant has requested a waiver to allow a reduction from 5' to 2'.
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.
Would the waiver of Section 4.4.13(F)(1)(a) to reduce the minimum building height to
17'3" comply with the requirements of 2.4.7(8)(5)?
Yes 5 No 0
Would the waiver of Section 4.6.16(H)(3)(d) to reduce the landscape strip from 5' to 2'
comply with the requirements of 2.4.7(8)(5)?
lslrV lug V Yes 5 No 0
SCAB ED 1
9G
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 or
denies the waiver requests as follows:
lDR Section Approve Deny
4.4.13.(F)(1)(a) (reduce minimum height from 25' to 17'3") x
4.6.16(H)(3)(d) (reduce the landscape strip from 5' to 2') x
6. Based on the entire record before it, the City Commission hereby adopts
this Order this 11`h day of December, 2007, by a vote of 5 in favor and 0
opposed.
~~~
ATTEST: Rita Ellis, Mayor
~a~ 1,)1,..~4L ~~,~.~-:,.c~,,~. (`.Ole..,
~a~: Chevelle Nubi~ n, G~ity lerc a /awl
2
IN THE CITY COMM-SSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
WAIVER REQUEST FOR 46 NW 11~h AVENUE
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. These waiver requests have come before the City Commission on
December 11, 2007.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the waiver request for the workforce
housing lot located at 46 NW 11`h Avenue. All of the evidence is a part of the record in
this case. Required findings are made in accordance with Subsection 1.
I. WAIVER:
Pursuant to LDR Section 4.1.4(D) workforce housing units with forty. (40) feet of
frontage must meet the typical designs represented by the sketches set forth in Section
4.7.12; must include rear access via an alley, if available; and must also contain design
features such as, but not limited to, front porches, eyebrows, outriggers, gables,
dormers, arbors, trellises, shutters, balconies, decorative vents, siding, textured stucco
finishes, undulating facades and other such appropriate architectural features. The
applicant has requested a waiver from these requirements.
Pursuant to LDR Section 4.7.12 lots of record that have at least 40 feet of frontage may
be used for workforce housing, as long as the workforce housing unit meets the typical
designs represented by the .sketches set forth in this section and the additional
requirements of 4.1.4(D). The applicant has requested a waiver from this section.
Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body
shall make a finding that the granting of the waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of public facilities;
(c) Shall not create an unsafe situation; and,
(d) Does not result in the grant of a special privilege in that the same waiver would
be granted under similar circumstances on other property for another applicant or
owner.
Does the waiver request to Section 4.1.4(D) meet all the requirements of 2.4.7(6)(5)?
Yes 5 No 0
~ 2' x{`07
Doe the waiver request to Section 4.7.12 meet all the requirements of 2.4.7(8)(5)?
(SCANNED 1
R.G.
Yes 5 No 0
3. The City Commission has applied the Comprehensive Ptan 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 requests to LDR Sections 4.1.4(D) and 4.7.12.
6. Based on the entire record before it, the City Commission hereby adopts
this Order this 11th day of December, 2007, by a vote of 5 in favor and 0
opposed.
ATTEST: Rita E fis, Mayor
~~'• Chevelle Nubin, Ci y Clerl I ~3/adiJ~
2
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
WAIVER REQUEST FOR 48 NW 11th AVENUE
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. These waiver requests have come before the City Commission on
December 11, 2007.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the waiver request for the workforce
housing lot located at 48 NW 11`h Avenue. All of the evidence is a part of the record in
this case. Required findings are made in accordance with Subsection I.
I. WAIVER:
Pursuant to LDR Section 4.1.4(D) workforce housing units with forty (40) feet of
frontage must meet the typical designs represented by the sketches set forth in Section
4.7.12; must include rear access via an alley, if available; and must also contain design
features such as, but not limited to, front porches, eyebrows, outriggers, gables,
dormers, arbors, trellises, shutters, balconies, decorative vents, siding, textured stucco
finishes, undulating facades and other such appropriate architectural features. The
applicant has requested a waiver from these requirements.
Pursuant to LDR Section 4.7.12 lots of record that have at least 40 feet of frontage may
be used for workforce housing, as long as the workforce housing unit meets the typical
designs represented by the sketches set forth in this section and the additional
requirements of 4.1.4(D). The applicant has requested a waiver from this section.
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.
Does the waiver request to Section 4.1.4(D) meet all the requirements of 2.4.7(6)(5)?
Yes 5 No 0
Does a waiver request to Section 4.7.12 meet all the requirements of 2.4.7(6)(5)?
SCANNED 1
~ `~ G.G.
Yes 5 No 0
3. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the original development application was
submitted and finds that its determinations set forth in this Order are consistent with the
Comprehensive Plan.
4. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
5. Based on the entire record before it, the City Commission approves X
denies _ the waiver requests to LDR Sections 4.1.4(D) and 4.7.12.
6. Based on the entire record before it, the City Commission hereby adopts
this Order this 11th day of December, 2007, by a vote of 5 in favor and 0
opposed.
ATTEST: Ri Ellis, Mayor
bu~~~~ u~6 ~l~~n G*.~ ~~ a~i
~~ ; Chevelle Nubin, City CI r I o i-3~aC~~
2
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
WAIVER REQUEST FOR 313 SE 5th STREET
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. These waiver requests have come before the City Commission on
December 11.2007.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the waiver request for the workforce
housing lot located at 313 SE 5`h Street. All of the evidence is a part of the record in this
case. Required findings are made in accordance with Subsection I.
I. WAIVER:
Pursuant to LDR Section 4.1.4(D) workforce housing units with forty (40) feet of
frontage must meet the typical designs represented by the sketches set forth in Section
4.7.12; must include rear access via an alley, if available; and must also contain design
features such as, but not limited to, front porches, eyebrows, outriggers, gables,
dormers, arbors, trellises, shutters, balconies, decorative vents, siding, textured stucco
finishes, undulating facades and other such appropriate architectural features. The
applicant has requested a waiver from these requirements.
Pursuant to LDR Section 4.7.12 lots of record that have at least 40 feet of frontage may
be used for workforce housing, as long as the workforce housing unit meets the typical
designs represented by the sketches set forth in this section and the additional
requirements of 4.1.4(D). The applicant has requested a waiver from this section.
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.
Does the waiver request to Section 4.1.4(D) meet all the requirements of 2.4.7(6)(5)?
~ Yes 5 No 0
Does th waiver request to Section 4.7.12 meet all the requirements of 2.4.7(6)(5)?
SCANNED
~,
~'~G.
Yes 5 No 0
3. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the original development application was
submitted and finds that its determinations set forth in this Order are consistent with the
Comprehensive Plan.
4. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
5. Based on the entire record before it, the City Commission approves X
denies _ the waiver requests to LDR Sections 4.1.4(D) and 4.7.12.
6. Based on the entire record before it, the City Commission hereby adopts
this Order this 11'h day of December, 2007, by a vote of 5 in favor and 0
opposed.
ATTEST: Rita Ellis, Mayor
~o~: hevelle Nubin, City er i3~~pp7
2
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
WAIVER REQUEST FOR 317 SE 5~h STREET
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. These waiver requests have come before the City Commission on
December 11, 2007.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the waiver request for the workforce
housing lot located at 317 SE 5~h Street. All of the evidence is a part of the record in this
case. Required findings are made in accordance with Subsection I.
I. WAIVER:
Pursuant to LDR Section 4.1.4(D) workforce housing units with forty (40) feet of
frontage must meet the typical designs represented by the sketches set forth in Section
4.7.12; must include rear access via an alley, if available; and must also contain design
features such as, but not limited to, front porches, eyebrows, outriggers, gables,
dormers, arbors, trellises, shutters, balconies, decorative vents, siding, textured stucco
finishes, undulating facades and other such appropriate architectural features. The
applicant has requested a waiver from these requirements.
Pursuant to LDR Section 4.7.12 lots of record that have at least 40 feet of frontage may
be used for workforce housing, as long as the workforce housing unit meets the typical
designs represented by the sketches set forth in this section and the additional
requirements of 4.1.4(D). The applicant has requested a waiver from this section.
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.
Does the waiver request to Section 4.1.4(D) meet all the requirements of 2.4.7(6)(5)?
Yes 5 No 0
/ Does a waiver request to Section 4.7.12 meet all the requirements of 2.4.7(6)(5)?
SCgNNE p 1
~..~,
~~G~
Yes 5 No 0
3. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the original development application was
submitted and finds that its determinations set forth in this Order are consistent with the
Comprehensive Plan.
4. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
5. Based on the entire record before it, the City Commission approves X
denies _ the waiver requests to LDR Sections 4.1.4(D) and 4.7.12.
6. Based on the entire record before it, the City Commission hereby adopts
this Order this 11~h day of December, 2007, by a vote of 5 in favor and 0
opposed.
<~~~ ~.~
ATTEST: Rita Ellis, Mayor
le.,
~*'•Chevelle Nubin, ity Clerk ~ r i3 ~~
2
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
WAIVER REQUEST FOR SUSAN WILLIAMS AND SPADY CULTURAL COMPLEX
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. The waiver request has come before the City Commission on December
11.2007.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the waiver request for the Susan
Williams and Spady Cultural Complex Project. All of the evidence is a part of the record
in this case. Required findings are made in accordance with Subsection I.
WAIVER:
Pursuant to LDR Section 4.4.13(F)(1)(a), overall height of building shall be a minimum of 25 feet
and a maximum of 48 feet. The proposed height of the two-story building addition is 24' and the
outdoor amphitheater is 16'6". The applicant has requested a waiver from the minimum building
height.
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.
Would the waiver of Section 4.4.13(F)(1)(a) to reduce the minimum building height to 24' for
the building addition comply with the requirements of 2.4.7(6)(5)?
Yes 5 No 0
Would the waiver of Section 4.4.13(F)(1)(a) to reduce the minimum building height to 16'6"
for the outdoor amphitheater comply with the requirements of 2.4.7(6)(5)?
Yes 5 No 0
3. The City Commission has applied the Comprehensive Plan and LDR
roequirel~tents in existence at the time the original development application was
ED
1
G.I.
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 or
denies the waiver request as follows:
LDR Section Approve Deny
4.4.13.(F)(1)(a) (reduce minimum height from 25' to 24') x _
4.4.13.(F)(1)(a) (reduce minimum height from 25' to 16'6") x
6. Based on the entire record before it, the City Commission hereby adopts
this Order this 11~h day of December, 2007, by a vote of 5 in favor and 0
opposed.
c~ ~~Y~
ATTEST: Ri a Ellis, Mayor
~oc~. Chevelle Nubin, dy Jerk t ,gfap'-~
2
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
EXTENSION REQUEST FOR CONDITIONAL USE APPROVALS GRANTED TO THE
SUSAN WILLIAMS AND SPADY CULTURAL COMPLEX
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. The above named conditional use extension request has come before the
City Commission on December 11, 2007.
2. This conditional use extension request comports with the future land use
element, is concurrent with the Comprehensive Plan and is consistent with the goals,
policies and objectives of the City's Comprehensive Plan.
3. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the conditional use extension request for
the Susan Williams and Spady Cultural Complex. All of the evidence is a part of the
record in this case. Required findings are made in accordance with LDR Section
2.4.4(F)(1) and (F)(3).
4. Section 2.4.4(F)(1) requires certain preliminary requirements to be met,
such as:
A written request submitted at least 45 days prior to the expiration date;
The request must set forth the basis and reason for the extension;
The request must be considered by the same body that granted the approval;
The extension, if granted, shall be for a term of 18 months unless otherwise
stated.
Have the preliminary requirements of Section 2.4.4(F)(1) been met?
Yes 5 No 0
5. In making a determination under LDR Section 2.4.4(F)(3) the Commission shall
consider the following:
~ (a) The project shall be evaluated pursuant to the land development regulations in
ect at the time of consideration of the extension request and shall comply with such
cur t requirements;
~ 1114 ~07
SCANNED
\ ~q ~
q•~~
(b) Additional submittal information including a new application and copies of previously
submittal material may be required;
(c) The granting body must make findings pursuant to 2.4.4(B);
(d) The granting body may impose additional conditions of approval pursuant to
2.4.4(C) to insure compliance with any applicable changes to regulations or changes in
circumstances which have occurred since the previous approval.
Have the requirements of Section 2.4.4(F)(3) been met?
Yes 5 No 0
6. The comments and notes set forth in the staff report are hereby
incorporated herein.
7. The City Commission has applied the LDR requirements in existence at
the time the conditional use extension request was submitted and finds that its
determinations set forth in this Order are consistent with the Comprehensive Plan.
8. 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.
9. Based on the entire record before it, the City Commission approves X
denies the conditional use extension request to allow the previous conditional use
approval, subject to the original conditions of approval, to be valid until July 3, 2009.
The City Commission hereby adopts this Order this 11`h day of December, 2007, by a
vote of 5 in favor and 0 oppose
Rita Ilis, Mayor
ATTEST:
~ .~ C~.C.Ooali
~~~ "• Chevelle Nubin 1 a/ i
City Clerk
2
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
MIDTOWN DELRAY
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. This is an appeal of a decision of the Site Plan. Review and Appearance
Board (SPRAB) regarding the approval by SPRAB of the Midtown Delray Project
located at 4600 Linton Boulevard.. This appeal comes before the City Commission on
December 11, 2007.
2. The Appellants, Appellee and City staff presented documentary evidence
and testimony to the City Commission pertaining to the appeal of the approval by
SPRAB of the Midtown Delray Project. All of the evidence is part of the record in this
case. Required findings are made in accordance with Subsections I and II.
!. COMPREHENSIVE PLAN: ARE THE COMPREHENSIVE PLAN
REQUIREMENTS MET?
Is the approval of the site plan, with the conditions listed in Exhibit "A", attached
hereto and incorporated herein, consistent with and does it further the policies and
objectives of the Comprehensive Plan?
Yes 5 No 0
II. LAND DEVELOPMENT REGULATIONS: ARE THE LDR REQUIREMENTS
MET?
Is the approval of the site plan, with the conditions listed in Exhibit "A", attached
hereto and incorporated herein, consistent with Section 2.4.5(F) applicable regulations
contained in of Chapter 3 and Chapter 4 and other applicable Land Development
Regulations?
SCz~A~o,~
ANNED
\ ~ ~
Yes 5 No 0
3. The City Commission has applied the Comprehensive Plan and LDR
in existence at the time the development application was submitted and
~Q.Q.~.
finds that its determinations set forth in this Order are consistent with the
Comprehensive Plan and Land Development Regulations.
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 appeal, with the conditions as provided in Exhibit "A", and hereby
adopts this Order this 11"' day of December, 2007, by a vote of 5 in favor and
0 opposed.
A ra
vita Ellis, Mayor
ATTEST(:
Chevelle Nubin
City Clerk
2
EXHIBIT "A"
To the Commission Order Regarding the Appeal of the SPRAB Decision for the Midtown
Delray Project
1. That the ingress and egress drive wayto the proposed development shall be modified;
2. That the proposed landscape perimeter buffer shall be substantially increased.
3. That a 5' wide sidewalk shall be provided along Park Access Road and Linton Boulevard,
and that the 5' wide sidewalk be depicted on the site plan, landscape plan, and engineering
plans;
4. That a plat must be recorded prior to issuance of any building permits;
5. That a bus shelter along Linton Boulevard shall be constructed according to specifications
that will be provided by the City Engineer;
6. That the workforce housing units are sold in accordance with LDR Section 4.7.7;
7. That the terms of resale of the workforce housing units, pursuant to LDR Section 4.7.8, be
included in the deed or restrictive covenant and recorded in the Public Records of Palm
Beach County;
8. That no amendments to the covenants shall be made unless by written instrument approved
by the City;
9. That the applicant shall coordinate with the Community Improvement Department on buyer
eligibility and housing prices for the workforce housing units;
10. That the applicant shall include Gear language in the Home Owners Association documents
as to how the maintenance fee for the workforce housing units will be established and that
the proposed maintenance fee be approved by the City; and
11. That the workforce housing units shall be evenly distributed and disbursed among all
proposed townhouse buildings and no townhouse building shall be solely workforce housing.
12. That there be an emphasis placed on safety;
13. That there be traffic calming devices inside and outside the complex;
14. That possibly a stoplight be installed across from the school;
15. That there be a reduction in parking and an increase in green space where possible;
16. That there be sidewalks for pedestrian traffic;
17. That the photometric plan need to be revised, separating the medical parcel from the
residential parcel foot candle illumination levels;
18. That every effort should be made abng the westem property line along Orchard Lane to
stagger buildings number ten, twelve, fourteen, fifteen and sixteen enough to provide
additional buffering;
19. That the exterior perimeter landscape buffer shall be increased where possible to maximize
buffering potential along Orchard Lane and Park Access Road;
20. That all Landscape Technical Items are addressed and three (3) copies of the revised plans
are submitted;
21. That where possible excess parking should be reduced and additional landscaping and open
space shall be provided; and
22. That wherever possible the buildings shall be staggered and center to the project to provide
additional landscape buffering;
23. That original color chips be submitted;
24. That the side elevations of buildings number five, seven, sixteen and seventeen tie further
enhanced with additional architectural features to make them more interesting;
25. That the applicant shall stagger the units of the buildings to allow a more attractive roof line;
and;
26. That there Ge some variation in the colors of the buildings.
27. There shall be a "Right Turn Only" off of Linton.
28. There shall be maintained a connection between the residential and commercial sections of
the development. The white fence along the western side shall be maintained and keep in
place. In addition, a chain link fence on the west side shall be installed to accommodate
landscaping.
29. The office building front elevation shall Ge flipped so that it faces Linton Boulevard.
30. The applicant shall work with Planning and Zoning staff to increase room sizes and the sizes
of the garage to meet typical standards within the building footprint.
4
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
WAIVER REQUEST FOR MIDTOWN DELRAY
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
1. These waiver requests have come before the City Commission on December 11, 2007.
2. The Applicant and City staff presented documentary evidence and testimony to the City
Commission pertaining to the waiver requests for Midtown Delray. All of the evidence is a part of the
record in this case. Required findings are made in accordance with Subsection I.
WAIVERS:
Pursuant to LDR 6.1.2 (C)(3)(a), the minimum roadway pavement width is twenty four (24) feet. The Applicant
has requested the roadway width be reduced to 20' as opposed to the required 24'.
Pursuant to LDR Section 6.1.3 (D)(1)(b), where it is clear that the sidewalk system will not serve its intended
purpose, the requirement for sidewalks on both sides of the street may be reduced to installation of a sidewalk
only along one side of the street. The Applicant has requested a waiver to allow a sidewalk on only one side of
the street.
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.
Would the waiver of Section 6.1.2 (C)(3)(a) comply with the requirements of Section 2.4.7(6)(5), with the
condition, as set forth in Section 6.1.2(C)(3)(c), that the City Engineer and Fire Marshal recommend
approval of the reduction in that the 24' width is not feasible or would constitute a hardship and that the
reduction would not endanger the public safety and welfare and also with the condition that the HOA
documents contain a prohibition on the parking of vehicles within street access tracts?
Yes 5 No 0
Would the waiver of Section 6.1.3 (D)(1)(b) comply with the requirements of Section 2.4.7(6)(5)?
Yes 5 No 0
3. The City Commission has applied the Comprehensive Plan and LDR requirements in
existence at the time the original development application was submitted and finds that its determinations
set fo in this Order are consistent with the Comprehensive Plan.
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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 or denies the waiver
requests as follows:
LDR Section Approve Deny
6.1.2 (C)(3)(a) (reduce the paving width from 24 to 20 ft) x
6.1.3 (D)(1)(b) (sidewalk construction on just one side of street) x _
6. Based on the entire record before it, the City Commission hereby adopts this Order
subject to the condition that there shall be no parking on the streets and this prohibition shall be contained
within the covenants/restrictions/homeowner association documents and other regulations governing the
development/project this 11th day of December, 2007, by a vote of 5 in favor and 0 opposed.
ATTEST: Fred Fetzer, vice May r
~v~'• Chevelle Nubin, ity Clerk ~ 3~aOp7