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, December 7, 2021 Commission Chambers Delray Beach City Hall https://www.youtube.com/channel/UCc2j0JhnR8Hx0Hj13RhCJag/ City Commission Mayor Shelly Petrolia Vice Mayor Shirley Ervin Johnson Deputy Vice Mayor Adam Frankel Commissioner Juli Casale Commissioner Ryan Boylston  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 December 7, 2021 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. AGENDA APPROVAL 3.A. Additions, Deletions, Substitutions 4. PRESENTATIONS: 4.A. LEGISLATIVE UPDATE BY STATE REPRESENTATIVE CARUSO ON STATE APPROPRIATIONS Sponsors: City Clerk Department Attachments: Agenda Cover Report 4.B. LEGISLATIVE UPDATE BY MAT FORREST FROM BALLARD PARTNERS, INC. Sponsors: City Clerk Department Attachments: Agenda Cover Report 4.C. STATE OF EDUCATION REPORT SY21/22 BY PALM BEACH COUNTY SCHOOL BOARD MEMBER ERICA WHITFIELD Sponsors: City Clerk Department Attachments: Agenda Cover Report 4.D. NATIONAL OPIOID LITIGATION UPDATE PRESENTATION BY MARK DEARMAN Sponsors: City Attorney Department Attachments: Agenda Cover Report 4.E. PRESENTATION OF THE AMERICAN CONCRETE PAVEMENT ASSOCIATION 2021 SUSTAINABLE PRACTICES RECOGNITION AWARD TO THE CITY OF DELRAY BEACH FOR OUR INVESTMENT IN PERVIOUS PAVEMENT IN THE OSCEOLA PARK AND SW 4TH ST, SW 6TH ST, SW 7TH AVE AND SW 3RD CT NEIGHBORHOOD IMPROVEMENT PROJECTS. Recommendation: Recognize the City's receipt of the American Concrete Pavement Association 2021 Sustainable Practices Recognition Award, which was announced at the National Conference in Huntington Beach, CA on December 2, 2021. Sponsors: Public Works Department Attachments: Agenda Cover Report 5. COMMENTS AND INQUIRIES ON AGENDA AND NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PRESENTATIONS: City of Delray Beach Page 3 Printed on 12/7/2021 City Commission Regular Commission Meeting December 7, 2021 5.A. City Manager's response to prior public comments and inquiries 5.A.1. Current construction projects and resulting inconveniences 5.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: September 13, 2021 - 1st Budget Public Hearing / Regular Meeting Sponsors: City Clerk Department Attachments: Agenda Cover Report September 13, 2021 1st Budget Public Hearing w-rev. 12-1-21 6.B. APPROVAL OF THE BOARD'S BYLAWS ESTABLISHING THE RULE OF PROCEDURE Recommendation: Motion to approve the Board's Bylaws adopted by the Affordable Housing Advisory Committee. Sponsors: City Clerk Department Attachments: Agenda Cover Report AHAC BYLAWS 6.C. APPROVAL OF ALLOCATION AGREEMENT AND PARTICIPATION AGREEMENT RELATED TO IN RE: NATIONAL PRESCRIPTION OPIOID LITIGATION Recommendation: Motion to approve of Allocation Agreement and Participation Agreement in the matter of In Re: National Prescription Opioid Litigation Sponsors: City Attorney Department Attachments: Agenda Cover Report #21-1375 FL Opioids Allocation +SW Resp Agreement with Exhibits #21-1375 FL.PA.Distributor (11.15.21) #21-1375 FL.PA.Janssen(11.15.21) City of Delray Beach Page 4 Printed on 12/7/2021 City Commission Regular Commission Meeting December 7, 2021 6.D. TRIPARTY AGREEMENT BETWEEN THE CITY OF DELRAY BEACH, THE SCHOOL BOARD OF PALM BEACH COUNTY AND THE COMMUNITY CHILD CARE CENTER FOR FUNDING AND OPERATION OF AFTER SCHOOL PROGRAMS AT PINE GROVE ELEMENTARY AND VILLAGE ACADEMY Recommendation: Motion to approve the Triparty Agreement between the City of Delray Beach, the School Board of Palm Beach County and the Community Child Care Center of Delray Beach, Inc. for funding and operation of after-school programs at Pine Grove Elementary and Village Academy. Sponsors: City Manager Department Attachments: Agenda Cover Report Simple Legal Review Approval Tri-Party ACCF and Palm Beach County Tri-Party final KWB. rev. 11.12.21 6.E. RESOLUTION NO. 174-21 OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING AN AGREEMENT WITH COMMUNITY CHILD CARE CENTER OF DELRAY BEACH, INC., D/B/A ACHIEVEMENT CENTERS FOR CHILDREN AND FAMILIES (“ACCF”) TO PROVIDE FUNDING TO SUPPORT OUT OF SCHOOL SERVICES AT PINE GROVE ELEMENTARY AND VILLAGE ACADEMY; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AMENDMENTS AND/OR RENEWALS THERETO AND TO TAKE ANY AND ALL ACTIONS NECESSARY TO EFFECTUATE THIS AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Recommendation: Motion to approve Resolution No. 174-21 and Funding Agreement with the Community Child Care Center (d.b.a Achievement Center for Children and Families) ("ACCF") for the amount of $62,000 per year for five (5) years. Sponsors: City Manager Department Attachments: Agenda Cover Report Legal Review Checklist ACCF Pine Grove and Village Funding Agreement [Pine Grove and Village Academy] 2021 kwb rev Resolution No. 174-21 ACCF Pine Grove Elementary and Village Exhibit A to ACCF Pine Grove and Village Agreement City of Delray Beach Page 5 Printed on 12/7/2021 City Commission Regular Commission Meeting December 7, 2021 6.F. RESOLUTION NO. 175-21 OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING AN AGREEMENT WITH COMMUNITY CHILD CARE CENTER OF DELRAY BEACH, INC., D/B/A ACHIEVEMENT CENTERS FOR CHILDREN AND FAMILIES ("ACCF") TO PROVIDE FUNDING TO SUPPORT IT'S PROGRAMMING; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AMENDMENTS AND/OR RENEWALS THERETO AND TO TAKE ANY AND ALL ACTIONS NECESSARY TO EFFECTUATE THIS AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Recommendation: Motion to Approve Resolution No. 175-21 and Funding Agreement with the Achievement Center for Children and Families ("ACCF") in the amount of $81,000 per year for five years. Sponsors: City Manager Department Attachments: Agenda Cover Report Legal Review Checklist ACCF Resolution No. 175-21 ACCF ACCF funding agreement KWB. rev. 10.26.21 ACCF Funding Agreement Exhibit A 6.G. ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION ALONG 98 NW 5th AVENUE, ACCEPTANCE OF RIGHT-OF-WAY DEDICATION OF CORNER CLIPS ALONG NW 1ST STREET, AND ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION ALONG REAR ALLEYWAY. Recommendation: Review and consider acceptance of a right-of-way dedication along NW 5th avenue, two right-of-way corner clip dedications along NW 1st street, and a right-of-way dedication along the rear alley of the property located at 98 NW 5th avenue. Sponsors: Development Services Department Attachments: Agenda Cover Report ROW Deed - 98 NW 5th Avenue Exhibit A1-ROW Sketch and Legal-98 NW 5th Ave Exhibit A2-ROW Alley Sketch and Legal- 98 NW 5th Avenue Exhibit A3-Corner Clip ROW Sketch and Legal- 98 NW 5th Avenue Legal Review-ROW Deed 98 NW 5th Ave 2020-10-07-HPB Staff Report-98 NW 5th Avenue Plans-98 NW 5th Ave Color Rendering-98 NW 5th Ave City of Delray Beach Page 6 Printed on 12/7/2021 City Commission Regular Commission Meeting December 7, 2021 6.H. RESOLUTION NO. 132-21: APPROVING A REVOCABLE LICENSE AGREEMENT WITH MAE VOLEN SENIOR CENTER, INC. FOR PROVIDING CONGREGATE MEALS FOR SENIOR CITIZENS AT POMPEY PARK RECREATION CENTER Recommendation: Motion to approve Resolution No. 132-21 approving a revocable license agreement with Mae Volen Senior Center, Inc. (Mae Volen) for the use of the auditorium and kitchen facilities to provide congregate meals to senior citizens at Pompey Park Recreation Center and authorizing the City Manager to execute any amendments and/or renewals and to take any and all actions necessary to effectuate this agreement. Sponsors: Parks & Recreation Department Attachments: Agenda Cover Report Legal Review Checklist Mae Volen_CongregateMeals Res 132-21 Volen Center food service RLA_CongregateMeals_signed2021 6.I. APPROVAL OF THE REQUEST FOR FUNDING FROM 4 KNOWLEDGE IS POWER, INC. FROM THE LAW ENFORCEMENT TRUST FUND (LETF) IN THE AMOUNT OF $10,000. Recommendation: Motion to approve request for funding from the Law Enforcement Trust Fund (LETF) pursuant to Florida Statute 932.7055, Disposition of Liens and Forfeited Property, to 4 Knowledge is Power, Inc. in the amount of $10,000. Sponsors: Police Department Attachments: Agenda Cover Report Legal Review Form_4 knowledge 4 Knowledge Is Power, Inc LETF Application 6.J. ITEM(S) A1- RESOLUTION NO. 156-21 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING AN UPDATED ENGINEERING STANDARDS MANUAL; AUTHORIZING THE CITY MANAGER TO MAKE ADDITIONAL REVISIONS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Recommendation: Consideration of the following items: Motion to approve Resolution No. 156-21, a City initiated request to adopt an updated engineering standards manual and authorizing the City Manager to adopt future revisions. Sponsors: Public Works Department Attachments: Agenda Cover Report Legal Review Res 156-21 Updated Enginnering Standards Manual Item (1a) Resolution 156-21 Egineering Standards Manual Item (1b) Engineering Standards Manual 2021 City of Delray Beach Page 7 Printed on 12/7/2021 City Commission Regular Commission Meeting December 7, 2021 6.K. RESOLUTION NO. 171-21: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THREE AGREEMENTS WITH FLORIDA POWER & LIGHT COMPANY (FPL) FOR THE INSTALLATION AND MAINTENANCE OF DECORATIVE LIGHTS AND POLES FOR THE GEORGE BUSH BOULEVARD PROJECT; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AMENDMENTS THERETO AND TAKE ALL ACTIONS NECESSARY TO EFFECTUATE THESE AGREEMENTS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES Recommendation: Motion to approve Resolution No. 171-21 authorizing the City Manager to execute three agreements with Florida Power & Light Company (FPL), any amendments to the agreements and take any actions necessary to effectuate these agreements. Sponsors: Public Works Department Attachments: Agenda Cover Report Res 171-21 FPL Lighting Agreements for George Bush Blvd Project Legal Review Checklist JPA for School Speed Zone Signs FPL LED Lighting Agreement for George Bush Blvd Phase 1 FPL LED Lighting Agreement for George Bush Blvd Phase 2 FPL LED Lighting Agreement for George Bush Blvd Phase 3 City of Delray Beach - George Bush Blvd. FPL LED Monthly Cost Proposal 10.20.21 City of Delray Beach Page 8 Printed on 12/7/2021 City Commission Regular Commission Meeting December 7, 2021 6.L. ITEM(S) A1 AND B1- ACCEPTANCE OF A RIGHT- OF-WAY DEDICATION BY 242 NW 6th AVE., AND ACCEPTANCE OF A GENERAL UTILITY EASEMENT FOR 920 GREENSWARD LN. 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 242 NW 6th Ave. to the City of Delray Beach. GENERAL UTILITY EASEMENT(S) Items B Item B1 - Motion to approve and accept a General Utility Easement Dedication by the owner(s) of 920 Greensward Ln. to the City of Delray Beach. Sponsors: Public Works Department Attachments: Agenda Cover Report Item (1) Legal Reviews (2) Item (A1a) ROW - 242 NW 6th Ave. Item (A1b) Exhibit A & Sketch - 242 NW 6th Ave. Item (B1a) 920 Greensward General Utility Easement Item (B1b) 920 Greensward Exhibit A 6.M. APPROVAL OF AMENDMENT NO. 1 AUTHORIZING A PRICE ADJUSTMENT AND RENEWING THE CITY’S AGREEMENT WITH PROLIME CORPORATION FOR WET LIME SLUDGE HAULING IN THE TOTAL ESTIMATED RENEWAL VALUE OF $600,000 THROUGH SEPTEMBER 24, 2024, UTILIZING COLLIER COUNTY SOLICITATION NO. 18-7416. Recommendation: Motion to approve Amendment No. 1 to authorize a price adjustment and to approve the renewal of the City’s Agreement with Prolime Corporation for Wet Lime Sludge Hauling in the total estimated renewal value of $600,000 through September 24, 2024, utilizing Collier County Solicitation No. 18-7416. Sponsors: Utilities Department and Purchasing Department Attachments: Agenda Cover Report P2019-025 Amendment No. 1 - vendor executed Legal Review Checklist Prolime Amendment kwb rev. 11,4.21 Res No. 95-19 and Executed Agreement 6.N. PROCLAMATIONS: City of Delray Beach Page 9 Printed on 12/7/2021 City Commission Regular Commission Meeting December 7, 2021 6.N.1. PICKLEBALL MONTH PROCLAMATION Recommendation: Motion to proclaim December 2021 as Pickleball Month in recognition of the 2021 Delray Beach Pickleball Classic. Sponsors: Parks & Recreation Department Attachments: Agenda Cover Report Pickleball Proclamation 6.O. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: 6.O.1. None 6.P. AWARD OF BIDS AND CONTRACTS: 6.P.1. APPROVAL OF RESOLUTION NO. 161-21 TO AWARD AN AGREEMENT TO BALLARD PARTNERS, INC. FOR STATE LEGISLATIVE LOBBYING SERVICES - $180,000 FOR THE INITIAL THREE-YEAR TERM Recommendation: Motion to approve Resolution No. 161-21 to award an Agreement to Ballard Partners, Inc. for State Legislative Lobbying Services in the estimated amount of $180,000 through January 5, 2025, and authorize the City Manager to approve renewal options, in the amounts below, contingent on appropriations of funds. Sponsors: City Manager Department and Purchasing Department Attachments: Agenda Cover Report Legal Review Checklist Ballard Partners State Lobbying Services City of Delray Beach - Ballard Partners Agreement FY2022-25 Vendor Executed City of Delray Beach_Ballard Partners Proposal 10_1_2021 - Exhibit A Resolution No. 161-21 6.P.2. APPROVAL OF RESOLUTION NO. 178-21 TO APPROVE THE ISSUANCE OF A PURCHASE ORDER TO REP SERVICES, LLC. FOR THE PURCHASE AND INSTALLATION OF A SHADE STRUCTURE AT BARWICK PARK - $100,170 Recommendation: Motion to approve Resolution No. 178-21 to approve the issuance of a Purchase Order to Rep Services, Inc. for the purchase and installation of a shade structure at Barwick Park, in the amount of $100,170. Sponsors: Parks & Recreation Department and Purchasing Department Attachments: Agenda Cover Report Legal Review Checklist for Resolution 178-21 for Barwick Shade Structure Resolution No. 178-21 Exhibit A - Quotation Agreement - Master Contractor Services - REP Services, Inc. Executed Agenda Cover Memo City of Delray Beach Page 10 Printed on 12/7/2021 City Commission Regular Commission Meeting December 7, 2021 7. REGULAR AGENDA: 7.A. RATIFICATION OF EMERGENCY REGULATIONS RELATED TO COVID-19 ACTIVATED UNDER CHAPTER 95 OF THE DELRAY BEACH CODE OF ORDINANCES Recommendation: Motion to Ratify the 88th, 89th and 90th Extensions of the State of Emergency for COVID -19. Sponsors: City Attorney Department Attachments: Agenda Cover Report 88th Extension of State of Emergency - COVID -19 - signed 11-17-2021 89th extension of state of emergency 11-24-2021 - signed 90th extension of state of emergency 12-1-2021 - signed 7.B. NOMINATION FOR APPOINTMENT TO THE CODE ENFORCEMENT BOARD Recommendation: Motion to approve the nomination for an appointment of one (1) regular member to serve on the Code Enforcement Board for an unexpired term ending January 14, 2024. Sponsors: City Clerk Department Attachments: Agenda Cover Report Exhibit A Code Enforcement Board 2021 Code Enforcement Attendance form 2021 Jonas Lubin Pasik Rose City of Delray Beach Page 11 Printed on 12/7/2021 City Commission Regular Commission Meeting December 7, 2021 7.C. RECOMMENDATION FOR APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY BOARD Recommendation: Recommendation for an appointment of one (1) regular member to serve on the Delray Beach Housing Authority Board for a term ending March 6, 2025. Sponsors: City Clerk Department Attachments: Agenda Cover Report Exhibit A Delray Beach Housing Authority 2021 Board Attendance Record 2021 Cortezi Macatangay Shirley Torres 7.D. NOMINATION FOR APPOINTMENT TO THE EDUCATION BOARD Recommendation: Motion to approve the nomination for an appointment for one (1) regular member to serve an unexpired term ending July 31, 2022. Sponsors: City Clerk Department Attachments: Agenda Cover Report Exhibit A Education Board 2021 ATTENDANCE RECORD Dickerson Knight Nevin 2 Redding Shirley Torres City of Delray Beach Page 12 Printed on 12/7/2021 City Commission Regular Commission Meeting December 7, 2021 7.E. NOMINATION FOR APPOINTMENT TO THE PUBLIC ART ADVISORY BOARD Recommendation: Motion to approve the nomination for an appointment for one (1) regular member to serve on the Public Art Advisory Board for an unexpired term ending July 31, 2022. Sponsors: City Clerk Department Attachments: Agenda Cover Report Exhibit A Public Art Advisory Board 2021 2021 Quarterly Attendance Hotchkiss Kaulina-Feldmanis Torres 7.F. DIRECTION AND STRATEGIES FOR IMPROVING THE LEVEL OF SERVICE IN THE DEVELOPMENT SERVICES DEPARTMENT Recommendation: Provide direction. Sponsors: Development Services Department Attachments: Agenda Cover Report Gulfstream Interlocal Agreement 09302009 7.G. POSTPONEMENT REQUEST OF APPEAL OF THE CONDITION OF APPROVAL IMPOSED BY THE PLANNING AND ZONING BOARD ON OCTOBER 18, 2021 FOR ISLAND COVE, LLC. Recommendation: Motion to consider postponement request of appeal on condition of approval imposed by P&Z Board on October 18, 2021 regarding Island Cove, LLC. Sponsors: City Clerk Department Attachments: Agenda Cover Report Island Cove - Postponement of Appeal of PZB v1 Appeal of Condition of Approval (002) 8. PUBLIC HEARINGS/SECOND READINGS: City of Delray Beach Page 13 Printed on 12/7/2021 City Commission Regular Commission Meeting December 7, 2021 8.A. ORDINANCE NO. 18-21: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING A LAND USE MAP AMENDMENT RE-DESIGNATING THE FUTURE LAND USE FOR 39.42 ACRES OF LAND FROM GENERAL COMMERCIAL (GC) IN PART, AND TRANSITIONAL (TRN) IN PART, TO COMMERCIAL CORE (CC), PURSUANT TO SECTION 163.3187, FLORIDA STATUTES, FOR PROPERTIES GENERALLY LOCATED WITHIN THE AREA BOUNDED ON THE NORTH BY SE 4TH STREET, ON THE SOUTH BY SE 10TH STREET, ON THE EAST BY SE 7TH AVENUE, AND ON THE WEST BY THE ALLEY BETWEEN SE 4TH AVENUE AND SE 5TH AVENUE, ALL OF WHICH ARE ADJACENT TO EITHER SE 5TH AVENUE OR SE 6TH 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. 18-21 on Second Reading, a Land Use Map amendment to redesignate approximately 39.42 acres of land from General Commercial in part and Transitional in part, to Commercial Core, generally located within the area bounded on the north by SE 4th Street, on the south by SE 10th Street, on the east by SE 7th Street, and on the west by the alley between SE 4th Avenue and SE 5th Avenue, all of which are adjacent to either SE 5th Avenue or SE 6th Avenue. Sponsors: Development Services Department Attachments: Agenda Cover Report Ord. No. 18-21: Land Use Map Designation to CC Ord. No. 18-21: PZB Staff Report Ord. No. 18-21: Location Map of CBD Expansion Ord. No. 18-21: Proposed Land Use Map Ord. No. 18-21: Legal Review City of Delray Beach Page 14 Printed on 12/7/2021 City Commission Regular Commission Meeting December 7, 2021 8.B. ORDINANCE NO. 19-21: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING LAND PRESENTLY ZONED GENERAL COMMERCIAL IN PART, NEIGHBORHOOD COMMERCIAL IN PART, AND PROFESSIONAL OFFICE DISTRICT IN PART, TO CENTRAL BUSINESS DISTRICT; SAID LAND CONTAINING APPROXIMATELY 39.42 ACRES, AND GENERALLY LOCATED WITHIN THE AREA BOUNDED ON THE NORTH BY SE 4TH STREET, ON THE SOUTH BY SE 10TH STREET, ON THE EAST BY SE 7TH AVENUE, AND ON THE WEST BY THE ALLEY BETWEEN SE 4TH AVENUE AND SE 5TH AVENUE, ALL OF WHICH ARE ADJACENT TO EITHER SE 5TH AVENUE OR SE 6TH AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING THE “CITY OF DELRAY BEACH, ZONING MAP, MAY 4, 2021”; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.(SECOND READING/PUBLIC HEARING) Recommendation: Review and consider Ordinance No. 19-21 on Second Reading, a rezoning of approximately 39.42 acres of land from General Commercial in part, Neighborhood Commercial in part, and Professional Office District in part, to Central Business District for the properties generally located within the area bounded on the north by SE 4th Street, on the south by SE 10th Street, on the east by SE 7th Street, and on the west by SE SE 4th Avenue, all of which are adjacent to either SE 5th Avenue or SE 6th Avenue. Sponsors: Development Services Department Attachments: Agenda Cover Report Ord No 19-21: Rezoning to CBD Ord No 19-21: Location Map Ord No 19-21: Proposed Zoning Map Ord No 19-21: Legal Review City of Delray Beach Page 15 Printed on 12/7/2021 City Commission Regular Commission Meeting December 7, 2021 8.C. ORDINANCE NO. 20-21: 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 DISTRICT (CBD)”, SUBSECTION (A), “PURPOSE AND INTENT”; SUBSECTION (B), “REGULATING PLANS”; SUBSECTION (C), “ALLOWABLE USES”; SUBSECTION (D), “CONFIGURATION OF BUILDINGS”; SUBSECTION (E), “FRONTAGE STANDARDS”; SUBSECTION (F), “ARCHITECTURAL STANDARDS”; SUBSECTION (G), “CIVIC OPEN SPACES”; SUBSECTION (H), “INCENTIVE PROGRAM”; AND, SUBSECTION (I), “CBD PARKING STANDARDS”; TO CREATE THE “SOUTH PAIRS NEIGHBORHOOD SUB-DISTRICT” IN THE CBD AND INCLUDE REGULATIONS SPECIFIC TO THE NEW SUB-DISTRICT, INCLUDING BUT NOT LIMITED TO, ALLOWABLE USES, PARKING, BUILDING CONFIGURATION, FRONTAGE STANDARDS, ARCHITECTURAL STANDARDS, CIVIC OPEN SPACES, PROVIDING FOR NEW FIGURES, PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AUTHORITY TO CODIFY, PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES. (SECOND READING/PUBLIC HEARING) Recommendation: Review and consider Ordinance No. 20-21 on Second Reading, amendments to the Land Development Regulations (LDR) Sections 4.4.13, Central Business District (CBD), associated with the expansion of the CBD to create a new Sub-district in the area on the north by SE 4th Street, on the south by SE 10th Street, on the east by SE 7th Street, and on the west by the alley between SE 4th Avenue and SE 5th Avenue, all of which are adjacent to either SE 5th Avenue or SE 6th Avenue. Sponsors: Development Services Department Attachments: Agenda Cover Report Ord No. 20-21: LDR Amendments Ord No. 20-21: PZB Staff Report Ord No. 20-21: Legal Review 9. FIRST READINGS: 9.A. None 10. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission City of Delray Beach Page 16 Printed on 12/7/2021 City Commission Regular Commission Meeting December 7, 2021 11. ADJOURNMENT City of Delray Beach Page 17 Printed on 12/7/2021