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, January 5, 2021 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 January 5, 2021 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. AGENDA APPROVAL 4. PRESENTATIONS: 4.A. None 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 6.A. CITY COMMISSION MEETING MINUTES Recommendation: Motion to approve meeting minutes as listed below: August 21, 2020 - Special Meeting Closed Attorney Client Session September 10, 2020 - 1st Budget Public Hearing/Regular Meeting September 22, 2020 - 2nd Budget Public Hearing/Regular Meeting October 6, 2020 - Regular Commission Meeting December 14, 2020 - Special Meeting Closed Attorney Client Session Sponsors: City Clerk Department Attachments: Agenda Cover Report August 21, 2020 Attorney Client Session - DRAFT September 10, 2020 Meeting Minutes - DRAFT September 22, 2020 Regular Meeting Minutes - DRAFT October 6, 2020 Regular Meeting Minutes _ DRAFT December 14, 2020 Special Meeting Minutes - DRAFT City of Delray Beach Page 3 Printed on 1/4/2021 City Commission Regular Commission Meeting January 5, 2021 6.B. INTERLOCAL AGREEMENT WITH THE COMMUNITY REDEVELOPMENT AGENCY FOR THE DIGITAL INCLUSION INITIATIVE Recommendation: Approve the Interlocal Agreement with the Community Redevelopment Agency for the Digital Inclusion Initiative. Sponsors: City Manager Department - Intergovernmental Affairs Attachments: Agenda Cover Report Legal Review Checklist ILA with CRA for Wi-Fi extenders CRA funding for Wi-Fi Extenders ILA 6.C. RESOLUTION NO. 07-21: APPROVAL OF STATE HOMELAND SECURITY GRANT PROGRAM AGREEMENT RENEWAL WITH THE STATE OF FLORIDA, WHICH HAS THE STATUTORY AUTHORITY TO DISBURSE FEDERAL HOMELAND SECURITY FUNDS TO PARTICIPATING MUNICIPALITIES OF A REGIONAL DOMESTIC SECURITY TASK FORCE (RDSTF). Recommendation: Staff recommends the approval of the State Homeland Security Grant Program (SHSGP) agreement renewal to facilitate additional reimbursement of funds to offset the expenses incurred by the City to sustain and purchase specialized equipment for mitigating Hazardous Materials incidents. Sponsors: Fire Rescue Department Attachments: Agenda Cover Report Legal Review SHSGP Grant Agreement_ FY 2020 HSGP - Federally Funded SubGrant Agreement City of Delray Beach (HM7C) R0279_new2 Resolution 07-21 Grant Agreement for SHSGP - updated 6.D. PALM BEACH COUNTY LAW ENFORCEMENT AGENCIES COMBINED OPERATIONAL ASSISTANCE AND VOLUNTARY COOPERATION MUTUAL AID AGREEMENT Recommendation: Motion to Approve the Palm Beach County Law Enforcement Agencies Combined Operational Assistance and Voluntary Cooperation Mutual Aid Agreement. Sponsors: Police Department Attachments: Agenda Cover Report Legal Review Checklist_ PBC Operations 2020 Mutual Aid Agreement Reviewed by Sims Chief Approved Memo City of Delray Beach Page 4 Printed on 1/4/2021 City Commission Regular Commission Meeting January 5, 2021 6.E. APPROVAL OF AMENDMENT NO. 1 TO BAXTER & WOODMAN, INC. FOR CONSTRUCTION, ENGINEERING, AND INSPECTION SERVICES (CEI) FOR THE OSCEOLA PARK NEIGHBORHOOD IMPROVEMENT PROJECT IN THE AMOUNT OF $487,912 (PROJECT NO. 16-095). Recommendation: Motion to Approve Amendment No. 1 to the Agreement with Baxter & Woodman, Inc. for Construction, Engineering, and Inspection Services (CEI) for the Osceola Park Project, in the amount of $487,912, for a total contract amount not to exceed $983,865. Sponsors: Public Works Department and Purchasing Department Attachments: Agenda Cover Report Amendment 001 Amendment 1 Exhibit A Amendment 1 Exhibit B Legal Review Checklist Amendment 1 to Osceola Park (1) Agenda Cover Report CEI Osceola 2019-051 CEI Services for Osceola Park Neighborhood Improvements - FINAL 6.F. APPROVAL OF AMENDMENT NO. 3 TO BAXTER & WOODMAN, INC. FOR CONSTRUCTION, ENGINEERING, AND INSPECTION SERVICES (CEI) FOR THE NE 2ND AVENUE SEACREST BEAUTIFICATION PHASE 3 PROJECT (NE 22ND STREET NORTH TO GULFSTREAM BOULEVARD) IN THE AMOUNT OF $50,000 (PROJECT NO. 17-010) Recommendation: Motion to Approve Amendment No. 3 to the Agreement with Baxter & Woodman, Inc. for additional Construction, Engineering, and Inspection Services (CEI) for the NE 2nd Avenue Seacrest Beautification Phase 3 Project, in the amount of $50,000, for a total contract amount not to exceed $380,222. Sponsors: Public Works Department and Purchasing Department Attachments: Agenda Cover Report Legal Review Checklist Baxter Woodman re CEI services for Seacrest Phase 3 am. 3 Vendor Signed - Amend 3 - 2019-029 Exhibit A to Amendment 03 CEI Contract 2019-029 Fully Executed - Amendment 1 to Agreement with Baxter & Woodman Inc. Amendment No. 2 - Baxter & Woodman_CEI Services for Seacrest BLVD. Phase 3 City of Delray Beach Page 5 Printed on 1/4/2021 City Commission Regular Commission Meeting January 5, 2021 6.G. APPROVAL OF SERVICE AUTHORIZATION NO. 12-03.3 TO WANTMAN GROUP, INC. IN THE AMOUNT OF $4,900 FOR ADDITIONAL CONSTRUCTION, ENGINEERING, AND INSPECTION SERVICES RELATED TO THE SANITARY SEWER SYSTEM 58A AND 87 FORCE MAIN REPLACEMENT PROJECT. Recommendation: Motion to approve Service Authorization No. 12-03.3 (Amendment No. 3 to Service Authorization No. 12-03) to Wantman Group, Inc. (WGI) in the amount of $4,900 for additional construction, engineering, and inspection (CEI) services related to the Sanitary Sewer System 58A and 87 Force Main Replacement Project (P/N 2014-039). Sponsors: Public Works Department and Purchasing Department Attachments: Agenda Cover Report Legal Review Checklist service auth LS 58A & 87 Forcemain SA Amendment No.3 WGI City of Delray Beach Page 6 Printed on 1/4/2021 City Commission Regular Commission Meeting January 5, 2021 6.H. ITEM(S) A1, A2, B1 AND C1- ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION FOR 215 NE 7th Ave., ACCEPTANCE OF A RIGHT OF-WAY-DEDICATION FOR 1225 S. OCEAN BLVD., ACCEPTANCE OF A PERPETUAL SIDEWALK EASEMENT AGREEMENT FOR 238 SW 6th AVE. AND ACCEPTANCE OF AN UNDERGROUND EASEMENT(BUSINESS) FOR 1725 NE 3RD AVE. Recommendation: Consideration of the following items: RIGHT-OF-WAY DEED(S) Items A Item A1 - Motion to approve and accept a Right-of-Way dedication by the owner(s) of 215 NE 7th Ave. to the City of Delray Beach. Item A2 - Motion to approve and accept a Right-of-Way dedication by the owner(s) of 1225 S. Ocean Blvd. to the City of Delray Beach. PERPETUAL SIDEWALK EASEMENT AGREEMENT(S) Item B Item B1 - Motion to approve and accept a Perpetual Sidewalk Easement Agreement by the owner(s) of 238 SW 6th Ave. to the City of Delray Beach FLORIDA POWER AND LIGHT EASEMENT DEDICATION(S) Item C1 - Motion to approve the dedication of a Utility Easement to Florida Power and Light for 1725 NE 3RD AVE. from the City of Delray Beach. Sponsors: Public Works Department Attachments: Agenda Cover Report Item (1) Legal Reviews -(4) Item (A1a) ROW Deed - 215 NE 7th Ave Item (A1b) Exhibit A Sketch - 215 SE 7th Ave. Item (A2a) ROW Deed - 1225 S. Ocean Blvd. Item (A2b) - Exhibit A Sketch - 1225 S. Ocean Blvd. Item (B1a) - 238 SW 6th Ave. PSE Item (B1b) Exhibit A Sketch - 238 SW 6th Ave. - Revised Item (C1a) - 1725 NE 3RD AVE - FPL EASEMENT Item (C1b) - 1725 NE 3RD AVE - EXHIBIT A City of Delray Beach Page 7 Printed on 1/4/2021 City Commission Regular Commission Meeting January 5, 2021 6.I. RETROACTIVE APPROVAL FOR EXPENDITURES IN THE AMOUNT OF $125,943.90 FOR AIR CONDITIONING MAINTENANCE AND REPAIR SERVICES FOR THE PUBLIC WORKS DEPARTMENT WITH TRANE US, INC. Recommendation: Motion to retroactively approve expenditures in the amount of $125,943.90 Trane US Incorporated, for air conditioning maintenance and repair services for the Public Works Department. Sponsors: Public Works Department and Purchasing Department Attachments: Agenda Cover Report 6.J. PROCLAMATIONS: 6.J.1. MARTIN LUTHER KING, JR. DAY PROCLAMATION Recommendation: Motion to proclaim January 18, 2020 as Dr. Martin Luther King, Jr. Day of Service. Sponsors: City Clerk Department Attachments: Agenda Cover Report MARTIN LUTHER KING JR. DAY 2021 6.J.2. NATIONAL MENTORING MONTH PROCLAMATION Recommendation: Motion to proclaim the month of January as National Mentoring Month. Sponsors: City Clerk Department Attachments: Agenda Cover Report National Mentoring Month - January 2021 6.K. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: 6.K.1. REPORT OF APPEALABLE LAND USE ITEMS FROM NOVEMBER 9, THROUGH DECEMBER 11, 2020. Recommendation: By motion, receive and file this report. Sponsors: Development Services Department Attachments: Agenda Cover Report Appealable Items Map A - German Auto World and Tiles by Vali B - Parks at Delray C - Pierre Delray II D - Delray Ford E - Chocolato F - Sofa G - Ocean City Lofts Condominium H - 905 SW 14th Street City of Delray Beach Page 8 Printed on 1/4/2021 City Commission Regular Commission Meeting January 5, 2021 6.L. AWARD OF BIDS AND CONTRACTS: 6.L.1. APPROVAL OF RESOLUTION NO. 01-21 TO AWARD AN AGREEMENT TO COMMERCIAL ENERGY SPECIALISTS, INC. FOR POOL SOLVENTS AND CHEMICALS; UTILIZING MARTIN COUNTY, FLORIDA SOLICITATION NO. 2017-2927 - $30,000 Recommendation: Motion to approve Resolution No. 01-21, to award an Agreement to Commercial Energy Specialists, Inc. for pool solvents and chemicals in the estimated amount of $30,000, utilizing the Martin County, Florida Solicitation No. 2017-2927; and authorize the City Manager to approve renewal options, in the amounts below, contingent upon appropriation of funds. Sponsors: Parks & Recreation Department and Purchasing Department Attachments: Agenda Cover Report Reso 01-21 Commercial Energy Specialists Inc Piggyback Martin County CES (1) 2927_Pool_Chemicals Legal Review Checklist Commercial Energy Specialists piggyback Martin County Master Agreement 7. REGULAR AGENDA: City of Delray Beach Page 9 Printed on 1/4/2021 City Commission Regular Commission Meeting January 5, 2021 7.A. RESOLUTION NO. 25-21: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING A WAIVER REQUEST TO SECTION 4.3.4(H)(6)(b)(4) OF THE LAND DEVELOPMENT REGULATIONS; APPROVING THE SPECIAL LANDSCAPE SETBACK ON THE SOUTH SIDE OF LINTON BOULEVARD FOR THE PROPERTY LOCATED AT 1200 W. LINTON BOULEVARD AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (QUASI JUDICIAL) RESOLUTION NO. 26-21: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING A WAIVER REQUEST TO SECTION 4.6.7(E)(3)(a) OF THE LAND DEVELOPMENT REGULATIONS; APPROVING THE SETBACK FOR THE EXISTING FREE STANDING SIGN TO BE IN THE SPECIAL LANDSCAPE SETBACK AT 0.56 FEET WHERE 10 FEET IS REQUIRED, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (QUASI JUDICIAL). Recommendation: Review and consider Resolution No. 25-21, granting a waiver to the special landscape setback in section 4.3.4(H)(6)(b)(4) of the Land Development Regulations at 1200 W. Linton Boulevard. Review and consider Resolution No. 26-21, granting a waiver to the setback requirements in section 4.6.7(E)(3)(a) of the Land Development Regulations at 1200 W. Linton Boulevard. Sponsors: Development Services Department Attachments: Agenda Cover Report Res. No. 25-21 Special Landscape Waiver Exhibit A Resolution No. 25-21 Res No. 26-21 Sign Waiver Exhibit A Resolution No. 26-21 1200 W Linton Survey Justification Statement Legal Review Reso 25-21 Legal Review Reso 26-21 City of Delray Beach Page 10 Printed on 1/4/2021 City Commission Regular Commission Meeting January 5, 2021 7.B. RESOLUTION NO. 03-21: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING A MINOR SUBDIVISION APPLICATION FOR A FINAL PLAT THAT CONTAINS NON-CONFORMITIES FOR A TWO-LOT SUBDIVISION KNOWN AS “BANYAN 2020”, WHICH IS A REPLAT OF LOT 39, DELRAY BEACH SHORES PLAT, AS RECORDED IN PLAT BOOK 23, PAGE 167 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. (QUASI JUDICIAL) Recommendation: Review and consider Resolution No. 03-21, a final plat for a two-lot subdivision known as “Banyan 2020” Plat, located on the northwest corner of White Drive and South Ocean Boulevard within the R-1-AA zoning district, and determining that it is necessary and appropriate to create the proposed nonconformities for Lot 2. Sponsors: Development Services Department Attachments: Agenda Cover Report Banyan 2020 - Resolution No. 03-21 Banyan 2020 - Proposed Plat Banyan 2020 - Request Letter Banyan 2020 - Survey Banyan 2020 Legal Review - Resolution 03-21 7.C. RESOLUTION NO. 05-21: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR THE ABANDONMENT OF INTEREST IN A PORTION OF THE CANAL STREET RIGHT-OF-WAY LYING EAST OF THE INTRACOASTAL WATERWAY AND ADJACENT TO THE PROPERTY LOCATED AT 824 NE 2ND STREET, DELRAY BEACH, FLORIDA, TOTALING APPROXIMATELY FOUR THOUSAND EIGHT HUNDRED AND NINETY ONE (4,891) SQUARE FEET, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (QUASI JUDICIAL) Recommendation: Review and consider the Resolution No. 05-21 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 Res. No. 05-21- Canal Street - 824 NE 2nd St 824 NE 2nd Street - Survey Canal Street (subject area) - Survey Canal Street - City Engineer Review Canal Street - P & Z Staff Report Army Corps of Engineers - Consent to Easement Application Legal Review Reso No. 05-21 City of Delray Beach Page 11 Printed on 1/4/2021 City Commission Regular Commission Meeting January 5, 2021 7.D. RESOLUTION NO. 20-21: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING A CONDITIONAL USE REQUEST PURSUANT TO SECTION 4.4.13(C)(4)(c)1. OF THE LAND DEVELOPMENT REGULATIONS, ALLOWING A COMMERCIAL USE (OFFICE AND RETAIL) TO EXTEND BEYOND 150 FEET FROM WEST ATLANTIC AVENUE WITHIN THE WEST ATLANTIC NEIGHBORHOOD SUB-DISTRICT FOR THE PROJECT KNOWN AS “HATCHER BUILDING” LOCATED AT 20 AND 26 NORTHWEST 6TH AVENUE, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”, PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES (QUASI JUDICIAL). Recommendation: Review and consider Resolution No. 20-21, approving a Conditional Use request to allow a commercial use (office and retail) to extend beyond 150 feet from West Atlantic Avenue within the West Atlantic Neighborhood Sub-District, for the properties located at 20 and 26 Northwest 6th Avenue. Sponsors: Development Services Department Attachments: Agenda Cover Report Resolution No. 20-21 Hatcher Building PZB Staff Report Hatcher Building Applicant Justification Letter Hatcher Building Location Map TPS Approval - Hatcher Office Building 9-22-20.pdf Legal Review Reso 20-21 7.E. RATIFICATION OF EMERGENCY REGULATIONS RELATED TO COVID-19 ACTIVATED UNDER CHAPTER 95 OF THE DELRAY BEACH CODE OF ORDINANCES Recommendation: Motion to Ratify the 39th, 40th and 41st Extensions of the State of Emergency for COVID -19, Resolution No. 209-20 and Resolution 210-20. Sponsors: City Attorney Department Attachments: Agenda Cover Report 39th Extension Emergency Declaration - COVID 19 40th Extension Emergency Declaration - COVID 19 41st Extension Emergency Declaration - COVID 19 Res No. 209-20 - Curfew Res. No. 210-20 City of Delray Beach Page 12 Printed on 1/4/2021 City Commission Regular Commission Meeting January 5, 2021 7.F. NOMINATION FOR APPOINTMENT TO THE CODE ENFORCEMENT BOARD Recommendation: Motion to approve the nomination for an appointment for three (3) regular members to serve on the Code Enforcement Board for a term ending January 14, 2024. Motion to approve the nomination for appointment of one (1) alternate member to serve on the Code Enforcement Board for an unexpired term ending January 14, 2022. Sponsors: City Clerk Department Attachments: Agenda Cover Report Exhibit A Code Enforcement Board 4 Butera Fontaine Rose Ruen Schiff Tito 7.G. APPROVAL OF RESOLUTION NO. 24-21 AND RETRO APPROVAL TO APPLY FOR, RECEIVE AND EXECUTE THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND PALM BEACH COUNTY TO BE REIMBURSED UP TO $619,000 FOR PROCUREMENT AND EXPENDITURE RELATED GOODS OR SERVICES IN ACCORDANCE WITH THE FEDERAL MUNICIPAL CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY ACT (CARES ACT) REIMBURSEMENT PROGRAM Recommendation: Approval of Resolution No. 24-21 and retro approval to apply for, receive, and execute the Interlocal Agreement with Palm Beach County regarding reimbursement of COVID-19 related expenditures eligible under the Federal CARES Act Reimbursement program. Sponsors: Finance Department Attachments: Agenda Cover Report PALM BEACH COUNTY MUNICIPAL CARES ACT REIMBURSEMENT PROGRAM Palm Beach County Municipal CARES Reimbursement Program Agreement Resolution 24-21 Legal Review Reso 24-21 7.H. DISCUSSION REGARDING CITY MANAGER HIRING Attachments: Agenda Cover Report 8. PUBLIC HEARINGS: City of Delray Beach Page 13 Printed on 1/4/2021 City Commission Regular Commission Meeting January 5, 2021 8.A. ORDINANCE NO. 61-20: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED SPECIAL ACTIVITIES DISTRICT (SAD) DISTRICT TO SPECIAL ACTIVITIES DISTRICT (SAD) DISTRICT BY AMENDING ORDINANCE NO. 30-18 TO UPDATE THE ADOPTED DEVELOPMENT STANDARDS, AND AMENDING SECTION 4.4.25 (H)(14) OF THE LAND DEVELOPMENT REGULATIONS TO UPDATE THE 1690-2350 SOUTH CONGRESS AVENUE SAD TO IDENTIFY THE SUBJECT ORDINANCE; SAID LAND LYING GENERALLY BETWEEN OLD GERMANTOWN ROAD ON THE WEST SIDE OF CONGRESS AVENUE AND THE PRESERVE AREA TO THE SOUTH; AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING THE “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 (SECOND READING). Recommendation: Motion to Review and Consider Ordinance No. 61-20, rezoning land presently zoned SAD to SAD by amending Ordinance No. 30-18 to update the adopted Development Standards for the 1690-2350 South Congress Avenue SAD and identify the subject ordinance. Sponsors: Development Services Department Attachments: Agenda Cover Report Ordinance No. 61-20 Parks at Delray Proposed Changes to Development Standards Ordinance No. 61-20: Exhibit E, Proposed Phasing Plan Parks at Delray PZB Staff Report Parks of Delray Applicant Justification Statement.pdf Ordinance No. 30-18 Ordinance No. 30-18: Master Plan Ordinance No. 30-18: Phasing Plan 9. FIRST READINGS: City of Delray Beach Page 14 Printed on 1/4/2021 City Commission Regular Commission Meeting January 5, 2021 9.A. ORDINANCE NO. 01-21: 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 LINTON COMMONS OVERLAY DISTRICT TO THE LIST OF PROPERTIES ELIGIBLE FOR AN INCREASED HEIGHT OF 60 FEET; AMENDING ARTICLE 4.4, “BASE ZONING DISTRICT,” SECTION 4.4.12, PLANNED COMMERCIAL (PC) DISTRICT;” TO PROVIDE REGULATIONS FOR THE LINTON COMMONS OVERLAY; AMENDING CHAPTER 4, “ZONING REGULATIONS,” ARTICLE 4.5, “OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTS,” ESTABLISHING SECTION 4.5.21, “LINTON COMMONS OVERLAY DISTRICT;” 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 PROGRAMS,” TO ESTABLISH WORKFORCE HOUSING CRITERIA FOR THE LINTON COMMONS 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. 01-21, a privately-initiated request to amend Section 4.3.4, Base Development Standards; Section 4.4.12, Planned Commercial (PC) District; Article 4.5, Overlay and Environmental Management Districts; and Article 4.7, Family / Workforce Housing, of the Land Development Regulations (LDR), to establish the Linton Commons Overlay District and provide supporting regulations related to workforce housing requirements and height allowances within the overlay. Sponsors: Development Services Department Attachments: Agenda Cover Report Ordinance No. 01-21, Linton Commons Overlay LDR Ordinance No. 01-21 PZB Staff Report Linton Commons Applicant Narrative Simple Legal Review Approval Ord 01-21 City of Delray Beach Page 15 Printed on 1/4/2021 City Commission Regular Commission Meeting January 5, 2021 9.B. ORDINANCE NO. 03-21: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY AMENDING CHAPTER 4, “ZONING REGULATIONS,” ARTICLE 4.4, “BASE ZONING DISTRICT,” SECTION 4.4.13, “CENTRAL BUSINESS (CBD) DISTRICT”, BY AMENDING SUBSECTION (C), “ALLOWABLE USES,” TO EXPAND THE AREAS WHEREIN AUTOMATED PARKING GARAGES ARE A PERMISSIBLE USE; BY AMENDING SUBSECTION (D), “CONFIGURATION OF BUILDINGS,” TO ADD THE RAILROAD CORRIDOR SUB-DISTRICT OF THE CENTRAL BUSINESS DISTRICT AS AN EXCEPTION TO STANDARD BUILDING HEIGHT REGULATIONS OF THE CENTRAL BUSINESS DISTRICT; BY AMENDING TABLES 4.4.13(B), “BUILDING HEIGHT,” AND 4.4.13(C), “DIMENSIONAL REQUIREMENTS BY CBD SUB-DISTRICT”, TO INCREASE THE MAXIMUM NUMBER OF STORIES ALLOWED IN THE RAILROAD CORRIDOR SUB-DISTRICT SOUTH OF SE 2ND STREET; BY AMENDING SUBSECTION (H), “INCENTIVE PROGRAM,” TO REQUIRE THE PROVISION OF WORKFORCE HOUSING FOR A DENSITY INCREASE ABOVE 30 DWELLING UNITS PER ACRE WITHIN THE RAILROAD-CORRIDOR SUB-DISTRICT SOUTH OF SE 2ND STREET; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (FIRST READING) Recommendation: Review and consider Ordinance No. 03-21 on First Reading, privately-initiated amendments to the Land Development Regulations for the portion of the Central Business District (CBD) Railroad Corridor Sub-district located south of SE 2nd Street to increase the maximum number of stories allowed from four to five within the current maximum height of 54 feet, increase the maximum density from 30 to 70 dwelling units per acre as part of a Residential Incentive Program that requires at least 20 percent of the bonus density be provided as workforce housing units (either on-site, off-site, or through monetary contribution), and expand the locations for Automated Parking Garages to include any Secondary Street within the Railroad Corridor Sub-district. Sponsors: Development Services Department Attachments: Agenda Cover Report Ord. No. 03-21: CBD-Railroad Corridor LDR Amendments Ord. No. 03-21: PZB Staff Report Ord. No. 03-21: Applicant Narrative Ord. No. 03-21: Applicant Supporting Documents Legal Review Ord 03-21.docx 10. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: A. City Manager B. City Attorney City of Delray Beach Page 16 Printed on 1/4/2021 City Commission Regular Commission Meeting January 5, 2021 C. City Commission City of Delray Beach Page 17 Printed on 1/4/2021