City Commission

City of Delray Beach 100 NW 1st Avenue - Delray Beach, Florida 33444 Phone: (561) 243-7000 - Fax: (561) 243-3774 www.mydelraybeach.com Regular Commission Meeting Regular Meeting at 4:00 PM Tuesday, August 18, 2020 Commission Chambers Virtual Meeting City Commission Mayor Shelly Petrolia Vice Mayor Ryan Boylston Deputy Vice Mayor Shirley Ervin Johnson Commissioner Adam Frankel Commissioner Juli Casale  RULES FOR PUBLIC PARTICIPATION PUBLIC COMMENT: City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor, presiding officer or a consensus of the City Commission has discretion to adjust the amount of time allocated. Public comment shall be allowed as follows: A. Comments and Inquiries on Non-Agenda and Agenda Items (excluding public hearing or quasi-judicial hearing items) from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. B. Public Hearings/Quasi-Judicial Hearings: Any citizen is entitled to speak on items under these sections at the time these items are heard by the Commission. C. All persons desiring to do a presentation on agenda or non-agenda items that are on a portable flash drive device or a CD/DVD, must provide their media to the City Clerk no later than 12:00 p.m. one day prior to the meeting where they wish to present. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address the Commission should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the to speak, please complete the sign-in sheet if you have not already done so. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the lectern and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. City Commission Regular Commission Meeting August 18, 2020 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. AGENDA APPROVAL 4. PRESENTATIONS: 4.A. MARINE WAY SEAWALL AND DOCK IMPROVEMENTS CONCEPTUAL DESIGN AND ENGINEERING PRESENTATION Recommendation: Motion to approve the Conceptual Design and Engineering Plans presented by the Wantman Group, Inc. for the Marine Way Seawall and Dock Improvements (P/N 17-021) for consensus to move forward with engineering design, permitting and grant application to the Florida Inland Navigation District (FIND) Waterways Assistance Program. Sponsors: Public Works Department Attachments: Agenda Cover Report Marine Way Presentation City Commission 072320 5. COMMENTS AND INQUIRIES ON AGENDA AND NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PRESENTATIONS: A. City Manager's response to prior public comments and inquiries B. From the Public 6. CONSENT AGENDA: City Manager Recommends Approval City of Delray Beach Page 3 Printed on 8/26/2020 City Commission Regular Commission Meeting August 18, 2020 6.A. APPROVAL OF RESOLUTION NO. 142-20 REPEALING RESOLUTION NO. 77-20, APPROVING AN AGREEMENT WITH THE STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT TO OBTAIN FEDERAL DISASTER RECOVERY FUNDS AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AMENDMENTS AND TAKE ALL ACTIONS NECESSARY TO EFFECTUATE THIS AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Recommendation: It is recommended that City Commission adopt Resolution No. 142-20, which will repeal the prior Resolution, which approved the prior Agreement, and will approve the Federally-Funded Subaward and Grant Agreements with Florida Department of Emergency Management with an updated Exhibit “C” and an updated Exhibit “I”. Sponsors: Finance Department Attachments: Agenda Cover Report Resolution No. 142-20 Updated Legal Review Checklist for Dorian Agreement with updated exhibits FEMA Subaward and Grant Agreement for Hurricane Dorian Attachment I - Mandatory Contract Provisions Template Resolution No. 77-20 6.B. INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY DROWNING PREVENTION COALITION LEARN TO SWIM REIMBURSEMENT PROGRAM Recommendation: Motion to enter into an Interlocal Agreement with the Palm Beach County Drowning Prevention Coalition (DPC) Learn to Swim Program for reimbursement of swimming classes/lessons to the City of Delray Beach, FL (City), for the provision of swimming classes/lessons to individuals who present vouchers issued by the DPC Learn to Swim Program. Sponsors: Parks & Recreation Department Attachments: Agenda Cover Report DPC_Delray Beach Interlocal Agreement 2020 (revised 06-12-2020) Delray Exhibt A Legal Review Checklist_DPC Pompey Park - Pool_Inspection COI_Palm Beach County.Learn to Swim City of Delray Beach Page 4 Printed on 8/26/2020 City Commission Regular Commission Meeting August 18, 2020 6.C. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT & DISPOSAL BOARD ACTION OF JULY 27, 2020 AND APPROVAL OF THEIR 2020/2021 PROPOSED BUDGET. Recommendation: Motion to ratify actions approved by the South Central Regional Wastewater Treatment and Disposal Board (Board) at their meeting of July 27, 2020. Sponsors: Utilities Department Attachments: Agenda Cover Report Ratification of South Central Regional Water Treatment 6.D. PROCLAMATIONS: 6.D.1. OBSERVANCE OF LABOR DAY PROCLAMATION Recommendation: Motion to observe September 7, 2020 as National Labor Day. Sponsors: City Clerk Department Attachments: Agenda Cover Report Labor Day Proclamation 6.E. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: 6.E.1. None 6.F. AWARD OF BIDS AND CONTRACTS: 6.F.1. None 7. REGULAR AGENDA: City of Delray Beach Page 5 Printed on 8/26/2020 City Commission Regular Commission Meeting August 18, 2020 7.A. RESOLUTION NO. 99-20: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR THE ABANDONMENT OF INTEREST IN A PORTION OF RIGHT-OF-WAY ADJACENT TO LOTS 1, 2, AND 3, BLOCK E, LA HACIENDA AS RECORDED IN PLAT BOOK 15, PAGE 6, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, TOTALING APPROXIMATELY ONE THOUSAND ONE (1,001) SQUARE FEET LOCATED AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Recommendation: Review and consider Resolution No. 99-20, a privately initiated abandonment of right-of-way for a portion of an alley located between 1319 and 1325 North Federal Highway. Sponsors: Development Services Department Attachments: Agenda Cover Report Resolution No. 99-20 Exhibit A- Sketch and Legal Description.pdf Exhibit B GUE Sketch and Legal Description.pdf PZB Staff Report 1319-1325 N Federal Hwy Survey Legal Review Reso 99-20 abandonment 1319 1325 N Federal Hwy.docx 7.B. RESOLUTION NO. 95-20: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR THE ABANDONMENT OF INTEREST IN A PORTION OF RIGHT-OF-WAY LYING EAST OF AND ADJACENT TO LOTS 28 AND 29 (828 NE 1ST COURT) SEESTEDT-STEVENS SUBDIVISION, AS RECORDED IN THE PLAT BOOK 18, PAGES 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, TOTALING APPROXIMATELY FIVE THOUSAND FOUR HUNDRED AND FIVE SQUARE FEET (5,405 SQ. FT.) Recommendation: Review and consider the Resolution No. 95-20 for an Abandonment of interest from the City in a portion of the Canal Street right-of-way. Sponsors: Development Services Department Attachments: Agenda Cover Report Resolution 95-20- Canal Street ROW abandonment Easement Agreement - 828 NE 1st Court Hold Harmless Agreement - 828 NE 1st Court Canal Street ROW abandonment - Applicant's Request Canal Street ROW abandonment - Planning and Zoning Board Report Canal Street ROW abandonment - City Engineer Statement Legal Review Reso 95-20 Abandonment 828 NE 1st Court Legal Review Easement Agreement - 828 NE 1st Court Legal Review Hold Harmless for 828 NE 1st Court City of Delray Beach Page 6 Printed on 8/26/2020 City Commission Regular Commission Meeting August 18, 2020 7.C. NOMINATIONS FOR APPOINTMENT TO THE PLANNING AND ZONING BOARD Recommendation: Motion to approve nominations for appointment for four (4) regular members to serve on the Planning and Zoning Board for a two (2) year term ending August 30, 2022 and one (1) regular member to serve an unexpired term ending August 30, 2021. Sponsors: City Clerk Department Attachments: Agenda Cover Report Exhibit A Planning & Zoning Board PZ Quarterly Attendance 1st 2nd Adler Berenberg Blankenship Cabana Candia Cherelus Cope Davey Dickson Evans Fredericks Long Morrison Stepner Stewart Sylvestre Van Arnem Warner Youngblood Zeller Burns Cortezi Gray Lieberman Nesi Umbdendtock Weinberg City of Delray Beach Page 7 Printed on 8/26/2020 City Commission Regular Commission Meeting August 18, 2020 7.D. NOMINATION FOR APPOINTMENT TO THE BOARD OF ADJUSTMENT Recommendation: Motion to approve the nominations for appointment for one (1) regular member to serve on the Board of Adjustment for a two (2) year term ending August 30, 2022 and one (1) alternate member to serve an unexpired term ending August 30, 2021. Sponsors: City Clerk Department Attachments: Agenda Cover Report Exhibit A Board of Adjustment 2020 BOA QUARTERLY ATTENDANCE-1st 2nd Davey Evans 7.E. NOMINATION FOR APPOINTMENT TO THE SITE PLAN REVIEW AND APPEARANCE BOARD Recommendation: Motion to approve nomination for appointment for one (1) regular member to serve on the Site Plan Review and Appearance Board for a two (2) year term ending August 30, 2022. Sponsors: City Clerk Department Attachments: Agenda Cover Report Exhibit A 2020 QUARTERLY ATTENDANCE-1st 2nd qtr Site Plan Review and Appearance Adler Cabana Cherelus Jones Warner Youngblood City of Delray Beach Page 8 Printed on 8/26/2020 City Commission Regular Commission Meeting August 18, 2020 7.F. NOMINATION FOR APPOINTMENT TO THE HISTORIC PRESERVATION BOARD Recommendation: Motion to approve nomination for appointment for one (1) regular member to serve on the Historic Preservation Board for a two (2) year term ending August 30, 2022. Sponsors: City Clerk Department Attachments: Agenda Cover Report Exhibit A Historic Preservation Board 2020 2020 HPB QUARTERLY ATTENDANCE-1st 2nd Berenberg Cooper_1 Evans Fredericks Osinoff Pitts Savell Sylvestre Trupia Vasiliou_1 7.G. ACTION ITEMS FROM THE DELRAY BEACH RE-OPEN TASK FORCE Recommendation: Motion to approve Action Items from the Delray Beach Re-open Task Force. Sponsors: Economic Development Department Attachments: Agenda Cover Report Delray Beach Re Open Task Force.Requests.updated.August.2020 7.H. DISCUSSION AND DIRECTION REGARDING THE HANDLING OF REQUEST RECEIVED FOR EXCUSAL OF PAYMENTS BASED ON INVOCATION OF FORCE MAJEURE CONTRACTUAL PROVISIONS Recommendation: Staff seeks direction regarding the handling of request received for excusal of payments based on invocation of force majeure contractual provisions. Sponsors: Finance Department Attachments: Agenda Cover Report Caffe Luna Rosa 7.22.20 CAFFE LUNA ROSA 10-2019 Caffe Luna Rosa, Inc. Amendment No. 1 to the Parking License Agreement 8. PUBLIC HEARINGS: City of Delray Beach Page 9 Printed on 8/26/2020 City Commission Regular Commission Meeting August 18, 2020 8.A. ORDINANCE NO. 08-20: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA ADOPTING A SMALL SCALE FUTURE LAND USE MAP AMENDMENT RE-DESIGNATING LAND APPROXIMATELY 0.752± ACRES IN SIZE FROM LOW DENSITY (LD) TO COMMERCIAL CORE (CC), PURSUANT TO SECTION 163.3187, FLORIDA STATUTES, FOR THE PROPERTIES LOCATED AT 26 NORTHWEST 6TH AVENUE, 32 NORTHWEST 6TH AVENUE, 34 NORTHWEST 6TH AVENUE, 27 NORTHWEST 7TH AVENUE, AND 31 NORTHWEST 7TH AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, PROVIDING A CONFLICTS CLAUSE, AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (SECOND READING / PUBLIC HEARING) Recommendation: Review and consider Ordinance No. 08-20 on Second Reading, a Future Land Use Map amendment to redesignate approximately 0.752 acres of land from Low Density to Commercial Core, for the properties located at 26 NW 6th Avenue, 32 NW 6th Avenue, 34 NW 6th Avenue, 27 NW 7th Avenue, and 31 NW 7th Avenue. Sponsors: Development Services Department Attachments: Agenda Cover Report Ord No. 08-20 600 Block W Atlantic Ave FLUM Ord No. 08-20 PZB Staff Report Ord No. 08-20 Location Map Ord No. 08-20 FLUM Maps (Existing & Proposed) Ord No. 08-20 Applicant Justification Statement Legal Review Ord 08-20 FLUM Amendment City of Delray Beach Page 10 Printed on 8/26/2020 City Commission Regular Commission Meeting August 18, 2020 8.B. ORDINANCE NO. 09-20: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH BY REZONING AND RE-DESIGNATING LAND APPROXIMATELY 0.752± ACRES IN SIZE PRESENTLY ZONED SINGLE-FAMILY RESIDENTIAL (R-1-A) TO CENTRAL BUSINESS DISTRICT (CBD), WITHIN THE WEST ATLANTIC NEIGHBORHOOD SUB-DISTRICT; FOR THE PROPERTIES LOCATED AT 26 NORTHWEST 6TH AVENUE, 32 NORTHWEST 6TH AVENUE, 34 NORTHWEST 6TH AVENUE, 27 NORTHWEST 7TH AVENUE, AND 31 NORTHWEST 7TH AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "CITY OF DELRAY BEACH, ZONING MAP, JUNE 29, 2017" AND FURTHER AMENDING FIGURE 4.4.13-6, “WEST ATLANTIC NEIGHBORHOOD SUB-DISTRICT REGULATING PLAN” AND REGULATING MAP IN SECTION 4.4.13, LAND DEVELOPMENT REGULATIONS ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE, AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (SECOND READING / PUBLIC HEARING) Recommendation: Review and consider Ordinance No. 09-20 on Second Reading, to change the zoning designation of approximately 0.752 acres of land from Single-family Residential (R-1-A) to Central Business District (CBD), for the properties located at 26 NW 6th Avenue, 32 NW 6th Avenue, 34 NW 6th Avenue, 27 NW 7th Avenue, and 31 NW 7th Avenue. Sponsors: Development Services Department Attachments: Agenda Cover Report Ord No. 09-20 NW 600 Block Redevelopment Rezoning Ord No. 09-20 Location Map Ord No. 09-20 PZB Staff Report Ord No. 09-20 Justification Statements Ord No. 09-20 Zoning Maps (Existing & Proposed) Legal Review Ord 09-20 Zoning Classification Amendment City of Delray Beach Page 11 Printed on 8/26/2020 City Commission Regular Commission Meeting August 18, 2020 8.C. ORDINANCE NO. 33-20: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH CODE OF ORDINANCES, BY AMENDING CHAPTER FOUR, “ZONING REGULATIONS,” ARTICLE 4.3, “DISTRICT REGULATIONS, GENERAL PROVISIONS,” SECTION 4.3.3, “SPECIAL REQUIREMENTS FOR SPECIFIC USES,” BY AMENDING SUBSECTION 4.3.3(V), “USES INVOLVING ALCOHOLIC BEVERAGES,” AND ADDING SUBSECTION (5), “RESTAURANT-BAR HYBRIDS,” TO SPECIFY A PROCESS AND PROVIDE REGULATIONS FOR RESTAURANT-BAR HYBRIDS; AMENDING ARTICLE 4.4., “BASE ZONING DISTRICT,” SECTION 4.4.13, “CENTRAL BUSINESS DISTRICT,” SUBSECTION 4.4.13(C), “ALLOWABLE USES,” TABLE 4.4.13(A), “ALLOWABLE USES AND STRUCTURES IN THE CBD SUB-DISTRICTS”; AMENDING SECTION 4.4.24, “OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD),” SUBSECTION 4.4.24(D), “CONDITIONAL USES AND STRUCTURES ALLOWED,” TO LIST RESTAURANT-BAR HYBRID AS A CONDITIONAL USE; AMENDING ARTICLE 4.6, “SUPPLEMENTAL DISTRICT REGULATIONS,” SECTION 4.6.6, “COMMERCIAL AND INDUSTRIAL USES TO OPERATE WITHIN A BUILDING,” TO CLARIFY OUTDOOR DINING AREAS ASSOCIATED WITH A RESTAURANT, AND TO LIST RESTAURANT-BAR HYBRIDS; AMENDING ARTICLE 6.3, “USE AND WORK IN THE PUBLIC RIGHT-OF-WAY,” SECTION 6.3.3, “SIDEWALK CAFÉ” TO INCLUDE RESTAURANT-BAR HYBRIDS IN THE LIST OF PLACES WHERE SIDEWALK CAFES MAY BE PERMITTED; AND AMENDING APPENDIX A, “DEFINITIONS,” TO AMEND THE DEFINITION OF RESTAURANT AND ADD A DEFINITION FOR RESTAURANT-BAR HYBRID; AND PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AUTHORITY TO CODIFY, AND PROVIDING AN EFFECTIVE DATE. (FIRST READING/PUBLIC HEARING) Recommendation: Review and consider Ordinance No. 33-20 on First Reading, privately-initiated amendments to the Land Development Regulations to add "Restaurant-Bar Hybrid" as a new Conditional use within the Central Business District and Old School Square Historic Arts District and establish a process, criteria, and regulations for the establishment of a Restaurant-Bar Hybrid. Sponsors: Development Services Department Attachments: Agenda Cover Report Ordinance No. 33-20 Ordinance No. 33-20: CBD Central Core Sub-district Map Ordinance No. 33-20: Planning and Zoning Board Staff Report Ordinance N0. 33-20: DDA Review Letter Ordinance No. 33-20: Legal Review City of Delray Beach Page 12 Printed on 8/26/2020 City Commission Regular Commission Meeting August 18, 2020 8.D. ORDINANCE NO. 42-20: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING CHAPTER 31, “CITY OFFICIALS AND EMPLOYEES”; SECTION 31.02, “COMPENSATION OF COMMISSIONERS AND MAYOR”, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, TO PROVIDE AN INCREASE IN THE SALARY OF THE MAYOR AND COMMISSIONERS; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES. (SECOND READING) Attachments: Agenda Cover Report Ordinance 42-20 8.E. AN EMERGENCY ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 95, “EMERGENCY MANAGEMENT”, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 95.99, “PENALTY”; BY RENAMING “PENALTY” TO “ENFORCEMENT” TO PROVIDE ENFORCEMENT PROCEDURES FOR VIOLATIONS OF CHAPTER 95; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES. Recommendation: Motion to approve Ordinance 49-20. Sponsors: City Attorney Department Attachments: Agenda Cover Report Ord 49-20 amending sec 95.99 enforcement thru civil citation_REVISED 9. FIRST READINGS: City of Delray Beach Page 13 Printed on 8/26/2020 City Commission Regular Commission Meeting August 18, 2020 9.A. ORDINANCE NO. 23-20: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH CODE OF ORDINANCES, BY AMENDING CHAPTER ONE, “GENERAL PROVISIONS”, ARTICLE 1.1, “ADOPTION OF CODE,” SECTION 1.1.2, “AUTHORITY,” AND ARTICLE 1.2, “EFFECT ON EXISTING LAW AND PREVIOUS DEVELOPMENT APPROVALS,” SECTION 1.2.2, “PREVIOUS DEVELOPMENT APPLICATION APPROVALS”; CHAPTER 2, “ADMINISTRATIVE PROVISIONS,” ARTICLE 2.1, “THE DEVELOPMENT SERVICES MANAGEMENT GROUP,” SECTION 2.1.2, “ADMINISTRATIVE ORGANIZATION AND RESPONSIBILITIES,” ARTICLE 2.2, “ESTABLISHMENT OF BOARDS HAVING RESPONSIBILITIES FOR LAND DEVELOPMENT REGULATIONS,” SECTION 2.2.2, “THE PLANNING AND ZONING BOARD,” SECTION 2.2.6, “THE HISTORIC PRESERVATION BOARD”, ARTICLE 2.4, “GENERAL PROCEDURES,” SECTION 2.4.5, “PROCEDURES FOR OBTAINING DEVELOPMENT APPROVALS,” SECTION 2.4.6, “PROCEDURES FOR OBTAINING PERMITS AND APPROVALS;” CHAPTER 3, “PERFORMANCE STANDARDS,” ARTICLE 3.1, “REQUIRED FINDINGS FOR LAND USE AND LAND DEVELOPMENT APPLICATIONS,” SECTION 3.1.1, “REQUIRED FINDINGS,” ARTICLE 3.2, “PERFORMANCE STANDARDS,” SECTION 3.2.1, “BASIS FOR DETERMINING CONSISTENCY”, SECTION 3.2.2, STANDARDS FOR REZONING ACTIONS,” SECTION 3.2.3, “ STANDARDS FOR SITE PLAN AND/OR PLAT ACTIONS,”, AND SECTION 3.2.4, “STANDARDS FOR SPECIFIC AREAS OR PURPOSES,” CHAPTER 4, “ZONING REGULATIONS,” ARTICLE, 4.2, “ANNEXATION AND INITIAL ZONING,” SECTION 4.2.1, “AUTHORITY FOR ANNEXATIONS,” SECTION 4.2.3, “ZONING,” ARTICLE 4.3, “DISTRICT REGULATIONS, GENERAL PROVISIONS,” SECTION 4.3.3, “SPECIAL REQUIREMENTS FOR SPECIFIC USES”, ARTICLE 4.4, “BASE ZONING DISTRICT,” SECTION 4.4.1, “AGRICULTURE ZONE DISTRICT (A)”, SECTION 4.4.3, “SINGLE FAMILY RESIDENTIAL (R-1) DISTRICTS”, SECTION 4.4.5, “LOW DENSITY RESIDENTIAL (RL) DISTRICT”, SECTION 4.4.7, “PLANNED RESIDENTIAL DEVELOPMENT (PRD) DISTRICT”, SECTION 4.4.10, “AUTOMOTIVE COMMERCIAL (AC) DISTRICT”, SECTION 4.4.11, “NEIGHBORHOOD COMMERCIAL (NC) DISTRICT”; SECTION 4.4.12, “PLANNED COMMERCIAL (PC) DISTRICT”, SECTION 4.4.13, “CENTRAL BUSINESS (CBD) DISTRICT”, SECTION 4.4.16, “PROFESSIONAL AND OFFICE DISTRICT (POD), SECTION 4.4.19, “MIXED INDUSTRIAL AND COMMERCIAL (MIC) DISTRICT”, SECTION 4.4.21, “COMMUNITY FACILITIES (CF) DISTRICT”, SECTION 4.4.22, “OPEN SPACE DISTRICT”, SECTION 4.4.23 “CONSERVATION DISTRICT”, SECTION 4.4.25, “SPECIAL ACTIVITIES DISTRICT”, SECTION 4.4.26, “LIGHT INDUSTRIAL (LI) DISTRICT”, SECTION 4.4.27 “OPEN SPACE AND RECREATION (OSR) DISTRICT”, ARTICLE 4.5, “OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTS,” SECTION 4.5.6, “THE WEST ATLANTIC AVENUE OVERLAY DISTRICT,” ARTICLE 4.6, “SUPPLEMENTAL DISTRICT REGULATIONS,” SECTION 4.6.16, “LANDSCAPE REGULATIONS,” SECTION 4.6.20, “TRANSFER OF DEVELOPMENT RIGHTS,” CHAPTER 5, “SUBDIVISION REGULATIONS,” ARTICLE 5.1, “GENERAL PROVISIONS,” SECTION 5.1.5, “COMPLIANCE WITH THE COMPREHENSIVE PLAN,” CHAPTER 8, “SPECIAL IMPLEMENTATION PROGRAMS,” ARTICLE 8.3, “WEST ATLANTIC AVENUE NEIGHBORHOOD IMPROVEMENT DISTRICT,” SECTION 8.3.5, “AUTHORITY TO City of Delray Beach Page 14 Printed on 8/26/2020 City Commission Regular Commission Meeting August 18, 2020 APPLY FOR AND RECEIVE GRANTS,” TO PROVIDE UPDATED REFERENCES TO AND CLARIFICATIONS RESULTING FROM THE ADOPTION OF THE ALWAYS DELRAY COMPREHENSIVE PLAN, PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AUTHORITY TO CODIFY, AND PROVIDING AN EFFECTIVE DATE. (FIRST READING) Recommendation: Review and consider Ordinance No. 23-20 on First Reading, City-initiated amendments to the Land Development Regulations to provide updated references to and clarifications resulting from the adoption of the Always Delray Comprehensive Plan adopted by Ordinance No. 19-19 on February 4, 2020. Sponsors: Development Services Department Attachments: Agenda Cover Report Ordinance No 23-20 Always Delray LDR Amendments.docx Legal Review Ord 23-20 Amend LDR re Comp Plan.docx City of Delray Beach Page 15 Printed on 8/26/2020 City Commission Regular Commission Meeting August 18, 2020 9.B. ORDINANCE NO. 31-20: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH CODE OF ORDINANCES, BY AMENDING CHAPTER 4, “ZONING REGULATIONS,” ARTICLE 4.3, “DISTRICT REGULATIONS, GENERAL PROVISIONS,” SECTION 4.3.4, “BASE DISTRICT DEVELOPMENT STANDARDS,” SUBSECTION 4.3.4(J), “HEIGHT,” TO ADD THE PROPERTIES WITHIN THE AURA DELRAY BEACH SAD TO THE LIST OF PROPERTIES ELIGIBLE FOR AN INCREASED HEIGHT OF 60 FEET; AMENDING CHAPTER 4, “ZONING REGULATIONS,” ARTICLE 4.7, “FAMILY/WORKFORCE HOUSING”, SUBSECTIONS 4.7, “FINDINGS,” 4.7.1, “DEFINITIONS,” 4.7.2, “APPLICABILITY,” AND 4.7.5, “DENSITY BONUS PROGRAM FOR THE SOUTHWEST 10TH STREET, I-95/CSX RAILROAD CORRIDOR, AND SILVER TERRACE COURTYARDS OVERLAY DISTRICTS,” TO ESTABLISH THE AURA DELRAY BEACH OVERLAY DISTRICT; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AUTHORITY TO CODIFY; AND PROVIDING AN EFFECTIVE DATE. (FIRST READING) Recommendation: Review and consider Ordinance No. 31-20 on First Reading, privately-initiated amendments to the Land Development Regulations (LDR), specifically Section 4.3.4(J)(4), Increases to height regulations, to list the Aura Delray Beach SAD properties as eligible to increase the height up to 60 feet, subject to conditional use approval; and to amend Article 4.7, Family/Workforce Housing, to establish the Aura Delray Beach Overlay District as a workforce housing overlay and requiring a minimum of 25 percent of the units in the development to be provided on-site as workforce housing units. Sponsors: Development Services Department Attachments: Agenda Cover Report Ordinance No. 31-20 Ordinance No. 31-20: Request and Justification Ordinance No. 31-20: Applicant Analysis Ordinance No. 31-20: Planning and Zoning Board Staff Report Ordinance No. 31-20: Legal Review City of Delray Beach Page 16 Printed on 8/26/2020 City Commission Regular Commission Meeting August 18, 2020 9.C. ORDINANCE NO. 32-20: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND RE-DESIGNATING LAND APPROXIMATELY 12.20 ACRES IN SIZE PRESENTLY ZONED MIXED INDUSTRIAL AND COMMERCIAL (MIC) TO SPECIAL ACTIVITIES DISTRICT (SAD), FOR THE PROPERTY AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES BY AMENDING CHAPTER 4, “ZONING REGULATIONS,” SECTION 4.4, “BASE ZONING DISTRICT,” SECTION 4.4.25, “SPECIAL ACTIVITIES DISTRICT (SAD),” SUBSECTION 4.4.25(H), “S.A.D.S”, TO ADD “AURA DELRAY BEACH”; SAID LAND GENERALLY LOCATED AT THE NORTHWEST CORNER OF NORTH CONGRESS AVENUE AND WEST ATLANTIC AVENUE, AND CONSISTING OF APPROXIMATELY 12.20 ACRES, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING “CITY OF DELRAY BEACH, ZONING MAP, JUNE 29, 2017”; PROVIDING A CONFLICTS CLAUSE, AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (FIRST READING) Recommendation: Review and consider Ordinance No. 32-20 on First Reading, a privately-initiated request for the rezoning of 12.20 acres from Mixed Industrial & Commercial (MIC) to Special Activities District (SAD) with an associated Master Development Plan (MDP) to allow a 292-unit multi-family residential development at 24 dwelling units per acre and a 2,000 square foot commercial building identified as the Aura Delray Beach SAD. Sponsors: Development Services Department Attachments: Agenda Cover Report Ordinance No. 32-20 Ordinance No. 32-20: Zoning Map (Existing & Proposed) Ordinance No. 32-20: Master Plan Ordinance No. 32-20: Rezoning Statement Ordinance No. 32-20: Master Plan Statement Ordinance No. 32-20: Planning and Zoning Board Staff Report Ordinance No. 32-20: Traffic Study Ordinance No. 32-20: Survey Ordinance No. 32-20: Table NDC-1, Always Delray Comp. Plan Ordinance No. 32-20: Legal Review City of Delray Beach Page 17 Printed on 8/26/2020 City Commission Regular Commission Meeting August 18, 2020 9.D. ORDINANCE NO. 44-20, TO INDIVIDUALLY DESIGNATE “THE WELLBROCK HOUSE” AT 20 & 22 NORTH SWINTON AVENUE ON THE LOCAL REGISTER OF HISTORIC PLACES. (FIRST READING) Recommendation: Review and consider Ordinance No. 44-20 on First Reading for the Individual Designation of “The Wellbrock House” at 20 & 22 North Swinton Avenue on the Local Register of Historic Places. Sponsors: Development Services Department Attachments: Agenda Cover Report Ord. No. 44-20-The WellBrock House HPB Staff Report-22 N Swinton Ave Designation Report-22 N. Swinton Avenue Historic Building Plans-22 N. Swinton Avenue Survey-215 NE 7th Avenue-22 N. Swinton Avenue Photographs-22 N. Swinton Avenue Survey and Draft Site Plan-22 N. Swinton Avenue Simple Legal Review Approval Wellbrock House 10. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission City of Delray Beach Page 18 Printed on 8/26/2020