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, October 11, 2022 Commission Chambers Delray Beach City Hall City Commission Mayor Shelly Petrolia Vice Mayor Adam Frankel Deputy Vice Mayor Juli Casale Commissioner Ryan Boylston Commissioner Shirley Ervin Johnson  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 October 11, 2022 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. AGENDA APPROVAL 3.A. Additions, Deletions, Substitutions 4. PRESENTATIONS: 4.A. PALM BEACH COUNTY HOUSING BOND REFERENDUM CONSIDERATIONS Attachments: Housing Bond PP -B 9 23 22 5. COMMENTS AND INQUIRIES ON AGENDA AND NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PRESENTATIONS: 5.A. City Manager's response to prior public comments and inquiries 5.A.1. CLARIFICATION REGARDING THE SOLAR UNITED NEIGHBORS SOLAR CO-OP PROGRAM FOR PALM BEACH COUNTY Recommendation: No Action Required. Sponsors: City Manager Department Attachments: Agenda Cover Report CC 101122 Solar Coop 5.B. From the Public 6. CONSENT AGENDA: City Manager Recommends Approval City of Delray Beach Page 3 Printed on 10/10/2022 City Commission Regular Commission Meeting October 11, 2022 6.A. CITY COMMISSION MEETING MINUTES Recommendation: Motion to approve meeting minutes as listed below: August 9, 2022 Regular Meeting Minutes August 16, 2022 Special Meeting Minutes August 16, 2022 Workshop Meeting Minutes September 23, 2022 - Special Meeting Minutes Sponsors: City Clerk Department Attachments: Agenda Cover Report August 9, 2022 Regular Meeting Minutes - Draft August 16, 2022 Special Meeting Minutes - Draft August 16, 2022 Workshop Meeting Minutes - Draft September 23, 2022 Special Meeting Minutes - Draft 6.B. APPROVAL OF TWO WORKFORCE HOUSING COVENANTS BETWEEN THE CITY OF DELRAY BEACH AND HABITAT FOR HUMANITY FOR PROPERTIES LOCATED AT 238 NW 6TH AVENUE AND 242 NW 6TH AVENUE IN DELRAY BEACH, FL Recommendation: Motion to Approve Two Workforce Housing Covenants Between the City of Delray Beach and Habitat for Humanity for Properties Located at 238 and 242 NW 6th Avenue. Sponsors: City Attorney Department Attachments: Agenda Cover Report Simple Legal Review Approval Habitat WFH Covenants Workforce Housing Covenant - Habitat 238 NW 6th Ave Workforce Housing Covenant - Habitat 242 NW 6th Ave Rev1 6.C. ACCEPTANCE OF A RIGHT OF WAY DEDICATION AND LANDSCAPE MAINTENANCE AGREEMENT ALONG THE WEST SIDE OF NORTHEAST 3RD AVENUE, LOCATED ADJACENT TO THE PROPERTY KNOWN AS 314 NE 3RD AVENUE. Recommendation: Review and consider acceptance of a right of way dedication and landscape maintenance agreement along the west side of Northeast 3rd Avenue located adjacent to the property known as 314 NE 3rd Avenue. Sponsors: Development Services Department Attachments: Agenda Cover Report 314 NE 3rd Ave: Right of Way Deed and Exhibit A (Legal Description) 314 NE 3rd Ave: Landscape Maintenance Agreement and Exhibit A (Legal Description) 314 NE 3rd Avenue: Legal Review ROW 314 NE 3rd Avenue: Legal Review LMA 314 NE 3rd Ave: Site Plan 314 NE 3rd Avenue: Landscape Plan City of Delray Beach Page 4 Printed on 10/10/2022 City Commission Regular Commission Meeting October 11, 2022 6.D. MOTION TO RETROACTIVELY APPROVE SUBMITTAL OF APPLICATION TO SOLID WASTE AUTHORITY OF PALM BEACH COUNTY (SWA) FY2022 BLIGHTED AND DISTRESSED PROPERTY CLEAN-UP GRANT Recommendation: Motion to Retroactively apply for Solid Waste Authority of Palm Beach County (SWA) grant in the amount of $19,945.00 for assistance in the demolition and clearance of a distressed, blighted or otherwise impacted public property within incorporated areas of Delray Beach. Sponsors: Neighborhood & Community Services Attachments: Agenda Cover Report Blighted Property Grant Application Proposal 2022-2023 FINAL Blighted Property Grant Application FY2022-23 6.E. ITEM(S) A1 - ACCEPTANCE OF A RIGHT OF WAY DEDICATION AT 339 SE 3rd AVENUE Recommendation: Consideration of the following items: Item A1 - Motion to approve and accept a Right of Way Dedication by the owners of 339 SE 3rd Ave. Sponsors: Public Works Department Attachments: Agenda Cover Report Legal - 339 SE 3rd Ave - ROW Item (A1a) Right of Way Deed 339 SE 3rd Ave - Nikki and Steven Singer Item (A1b) Exhibit A & Sketch 339 SE 3rd Ave. - ROW City of Delray Beach Page 5 Printed on 10/10/2022 City Commission Regular Commission Meeting October 11, 2022 6.F. RESOLUTION NO. 117-22 OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING A MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE INSTALLATION AND MAINTENANCE OF WAYFINDING DIRECTIONAL SIGNS IN FLORIDA DEPARTMENT OF TRANSPORTATION RIGHTS-OF-WAY; 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: A Resolution No.117-22 of the City Commission of the City of Delray Beach, Florida, approving a Maintenance Memorandum of Agreement with the Florida Department of Transportation for the installation and maintenance of Wayfinding directional signs in Florida Department of Transportation rights-of-way; 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. Sponsors: Public Works Department Attachments: Agenda Cover Report Legal Review FDOT MMOA for installation and maintenance of Wayfinding signs Res 117-22 FDOT MMOA for wayfinding signs lg rev final 9-27-22 FINAL MMOA 2021-N-496-00003_Delray Beach_Wayfinding Sign_202208 6.G. APPROVAL OF A PRICE INCREASE TO THE CITY OF DELRAY BEACH’S AGREEMENT NO. 2017-048 WITH BAXTER AND WOODMAN, INC. FOR CONTINUING ENGINEERING, SURVEYING, AND LANDSCAPE ARCHITECTURAL CONSULTING SERVICES. Recommendation: Motion to approve a price increase to Baxter and Woodman, Inc. for continuing engineering, surveying, and landscape architectural consulting services. Sponsors: Public Works Department and Purchasing Department Attachments: Agenda Cover Report Agreement with Baxter & Woodman, Inc DBA Mathews Consulting Amendment No. 1 Mathews Consulting, a Baxter & Woodman Company Amendment #2 Name Change - Baxter Woodman Inc. Wage Increase Request - Baxter & Woodman, Inc - Amendment 3 - Vendor Signed Amendment #3 Exhibit B with Baxter & Woodman - Price Adjustment Legal Review Checklist Amd #3 to Agreement for Professional Services (CCNA) with Baxter & Woodman City of Delray Beach Page 6 Printed on 10/10/2022 City Commission Regular Commission Meeting October 11, 2022 6.H. APPROVAL OF A PRICE INCREASE TO THE CITY OF DELRAY BEACH’S AGREEMENT NO. 2017-048 WITH A.D.A. ENGINEERING, INC. FOR CONTINUING ENGINEERING, SURVEYING, AND LANDSCAPE ARCHITECTURAL CONSULTING SERVICES. Recommendation: Motion to approve a price increase to A.D.A. Engineering, Inc. for continuing engineering, surveying, and landscape architectural consulting services. Sponsors: Public Works Department and Purchasing Department Attachments: Agenda Cover Report Agreement - A.D.A. Engineering Amendment No. 1 - A.D.A. Engineering, Inc. Price Increase Request - ADA Engineering Amendment #2 - Vendor Executed Amendment #2 Exhibit B - ADA Engineering Inc - Price Adjustment Legal Review Checklist Amd #2 to Agreement for Professional Services (CCNA) with ADA Engineering 6.I. PROCLAMATIONS: 6.I.1. PROCLAMATION FOR FIRE PREVENTION MONTH 2022 Recommendation: Motion to proclaim October 2022 as Fire Prevention Month. Sponsors: Fire Rescue Department Attachments: Agenda Cover Report Fire Prevention Month 6.I.2. PROCLAMATION DESIGNATING THE MONTH OF OCTOBER AS NATIONAL COMMUNITY PLANNING MONTH Sponsors: Development Services Department Attachments: Agenda Cover Report National Community Planning Month 6.I.3. PROCLAMATION FOR FLORIDA CITY GOVERNMENT WEEK - OCTOBER 17-23, 2022 Recommendation: Motion to proclaim October 17-23, 2022 as Florida City Government Week. Sponsors: City Clerk Department Attachments: Agenda Cover Report FLORIDA CITY GOVERNMENT WEEK 2022 City of Delray Beach Page 7 Printed on 10/10/2022 City Commission Regular Commission Meeting October 11, 2022 6.I.4. DELRAY TO THE DOGS PROCLAMATION Sponsors: City Clerk Department Attachments: Agenda Cover Report Delray to the Dogs Proclamation 6.I.5. PROCLAMATION RECOGNIZING MS. BIRDIE MAE HOLTON FOR CELEBRATING 103RD BIRTHDAY Sponsors: City Clerk Department Attachments: Agenda Cover Report Birdie Mae Hoton 103 Year Birthday Proclamation 6.J. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: 6.J.1. REPORT OF APPEALABLE DEVELOPMENT APPLICATION REQUESTS FROM SEPTEMBER 8, 2022 THROUGH SEPTEMBER 30, 2022. Recommendation: By motion, receive and file this report for actions from September 8, 2022 through September 30, 2022. Sponsors: Development Services Department Attachments: Agenda Cover Report Appealable Items - Location Map PZB Agenda - Sept. 12, 2022 6.K. AWARD OF BIDS AND CONTRACTS: 6.K.1. APPROVAL OF RESOLUTION NO. 160-22 TO APPROVE A BID WAIVER AND AWARD AN AGREEMENT WITH WALTERS-ZACKRIA AND ASSOCIATES, PLLC FOR PROFESSIONAL ARCHITECTURAL SERVICES FOR RENOVATIONS TO THE OLD SCHOOL SQUARE CREST THEATER IN AN AMOUNT NOT TO EXCEED $183,825.00. Recommendation: Motion to Approve Resolution No. 160-22 to approve a bid waiver and award an agreement with Walters-Zackria and Associates, PLLC (WZA) for Professional Architectural Services for renovations to the Old School Square Crest Theater in an amount not to exceed $183,825.00 (Project Number 22-023). Sponsors: Public Works Department and Purchasing Department Attachments: Agenda Cover Report Bid Waiver Acquisition - Crest Theater Walter-Zackria_SIGNED Agreement - Walter Zackria and Associates - kwb. 10.5.22 Exhibit A without signature Resolution160-22 Walters Zackria Legal Review Checklist Walters Zackria and Associates 10.5.22 City of Delray Beach Page 8 Printed on 10/10/2022 City Commission Regular Commission Meeting October 11, 2022 6.K.2. APPROVAL FOR AN INCREASE IN FUNDING IN THE AMOUNT OF $17,900.00 TO PURCHASE TEN (10) INTERCEPTOR HYBRID UTILITY VEHICLES INSTEAD OF TEN (10) GAS-POWERED INTERCEPTOR UTILITY VEHICLES Recommendation: Motion to approve an increase in funding of $17,900.00 to purchase ten (10) Interceptor hybrid utility vehicles instead of the gas-powered vehicles utilizing the revised Bozard quote, based off the Florida Sheriff ’s Association Contract No. FSA20-VEL28.0 Sponsors: Public Works Department and Purchasing Department Attachments: Agenda Cover Report Contract FSA20-VEL28 Res. No. 173-21 Bozard Original Gas-Powered Quote Brozard Hybrid Quote Bozard Revised Hybrid Quote 6.K.3. RATIFICATION OF AN EMERGENCY PURCHASE GRANTED BY THE CITY MANAGER TO GLOBALTECH, INC., FOR REPAIRS, REPLACEMENT, AND IMPROVEMENT AT THE WATER TREATMENT PLANT IN AN AMOUNT NOT-TO-EXCEED $233,356.12. Recommendation: Motion to approve Ratification of an emergency purchase to Globaltech, Inc., for the repairs, replacement, and improvement at the water treatment plant in an amount no-to-exceed $233,356.12. Sponsors: Utilities Department and Purchasing Department Attachments: Agenda Cover Report PO 2022-883.pdf Takeoff - Bypass & Thickener - 3-17-22.PDF Bypass Delray.pdf Gravity Thickener.pdf 22-0920_Globaltech Inc_Emergency Memo Acquisition rev - signed.pdf 7. REGULAR AGENDA: City of Delray Beach Page 9 Printed on 10/10/2022 City Commission Regular Commission Meeting October 11, 2022 7.A. RESOLUTION NO. 98-22: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING A WAIVER REQUEST TO SECTION 4.6.5(C) OF THE LAND DEVELOPMENT REGULATIONS TO ALLOW A MASONRY WALL TO EXCEED THE EIGHT FOOT HEIGHT LIMITATION FOR THE REAR AND SIDE INTERIOR YARDS FOR THE PROPERTY LOCATED AT 118 NW 11TH STREET, AS MORE PARTICULARLY DESCRIBED HEREIN, PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES (QUASI-JUDICIAL). Recommendation: Review and consider Resolution No. 98-22 to allow a masonry wall to exceed the eight-foot height limitation in the rear and side street interior yard at 118 NW 11th Street. Sponsors: Development Services Department Attachments: Agenda Cover Report Resolution No. 98-22 118 NW 11th St Wall Waiver 118 NW 11th St - Waiver justification statement 118 NW 11th St - Wall Waiver Exhibit 118 NW 11th St - AS-1 Wall Plan 118 NW 11th St - Survey 118 NW 11th St - Applicant photos 118 NW 11th St - Staff photos Simple Legal Review Approval 98-22 7.B. RESOLUTION NO. 132-22: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING A WAIVER REQUEST TO SECTION 4.3.3(V)(2)(a) OF THE LAND DEVELOPMENT REGULATIONS, TO ALLOW A STAND ALONE BAR TO OPERATE ON THE SAME BLOCK AS, AND WITHIN 750 FEET OF ANOTHER STAND ALONE BAR, FOR THE PROPERTY LOCATED AT 280 NE 6TH AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES (QUASI JUDICIAL). Recommendation: Review and consider Resolution No. 132-22, a waiver request to allow Lacquer Me Nail Bar Delray LLC to operate a nail salon (Lacquer Me Club House) with alcoholic beverage service to patrons at 280 NE 6th Avenue within 750 feet of another standalone bar. Sponsors: Development Services Department Attachments: Agenda Cover Report Resolution No. 132-22 Lacquer Me Club House Lacquer Me Club House: Interior Sketch Lacquer Me Club House: Location and Radius Analysis Legal Review, Resolution No. 132-22 City of Delray Beach Page 10 Printed on 10/10/2022 City Commission Regular Commission Meeting October 11, 2022 7.C. 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 a term ending July 31, 2024. Sponsors: City Clerk Department Attachments: Agenda Cover Report Exhibit A Public Art Advisory Board 2022 2022 PAAB Attendance Costello Kaulina-Feldmanis Levinson 7.D. NOMINATION FOR APPOINTMENT TO THE CODE ENFORCEMENT BOARD Recommendation: Motion to approve the nomination for an appointment for one (1) regular member to serve on the Code Enforcement Board for a term ending January 14, 2026. Sponsors: City Clerk Department Attachments: Agenda Cover Report Exhibit A Code Enforcement Board 2022 Code Enforcement Attendance 2022 Bowens Butera Calderbank Canton Costello Land City of Delray Beach Page 11 Printed on 10/10/2022 City Commission Regular Commission Meeting October 11, 2022 7.E. NOMINATION FOR APPOINTMENT TO THE GREEN IMPLEMENTATION ADVANCEMENT BOARD Recommendation: Motion to approve an appointment for one (1) regular member to serve on the Green Implementation Advancement Board for a term ending July 31, 2024. Sponsors: City Clerk Department Attachments: Agenda Cover Report Exhibit A 2022 Green Implementation Advancement Board 2022 Attendance GIAB Salzman Seaman 7.F. NOMINATION FOR AN APPOINTMENT TO THE HISTORIC PRESERVATION BOARD Recommendation: Motion to approve the nomination for an appointment for one (1) regular member to serve on the Historic Preservation Board for an unexpired term ending August 31, 2024. Sponsors: City Clerk Department Attachments: Agenda Cover Report Exhibit A Historic Preservation Board 2022 HPB Attendance 2022 Cullinan Jansen Land Long Market Schulz Sylvester Weber City of Delray Beach Page 12 Printed on 10/10/2022 City Commission Regular Commission Meeting October 11, 2022 7.G. RATIFICATION OF PROCLAMATION DECLARING A STATE OF EMERGENCY AND RESOLUTION 172-22 TERMINATING STATE OF EMERGENCY DUE TO HURRICANE IAN PURSUANT TO CHAPTER 95 OF THE DELRAY BEACH CODE OF ORDINANCES. Recommendation: Motion to Ratify Proclamation Declaring State of Emergency and Resolution 172-22 Terminating State of Emergency due to Hurricane Ian. Sponsors: City Attorney Department Attachments: Agenda Cover Report Proclamation SOE 9-27-22 Resolution 172-22 8. PUBLIC HEARINGS/SECOND READINGS: City of Delray Beach Page 13 Printed on 10/10/2022 City Commission Regular Commission Meeting October 11, 2022 8.A. ORDINANCE NO. 22-22: 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 4.3.3, “SPECIAL REQUIREMENTS FOR SPECIFIC USES,” SUBSECTION (Q), “GUEST COTTAGES,” TO AMEND REGULATIONS GOVERNING GUEST COTTAGES, AND CREATING SUBSECTION (QQ), “ACCESSORY STRUCTURES,” TO ADOPT REGULATIONS GOVERNING ACCESSORY RESIDENTIAL STRUCTURES; AMENDING ARTICLE 4.4, “BASE ZONING DISTRICT,” SECTION 4.4.2, “RURAL RESIDENTIAL (RR) DISTRICT,” SECTION 4.4.3, “SINGLE FAMILY RESIDENTIAL (R-1) DISTRICTS,” SECTION 4.4.5, “LOW DENSITY RESIDENTIAL (RL) DISTRICT,” SECTION 4.4.6, “MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT,” AND SECTION 4.4.17, “RESIDENTIAL OFFICE (RO) DISTRICT, TO REFERENCE THE SPECIAL REQUIREMENTS FOR ACCESSORY STRUCTURES; AMENDING SECTION 4.4.7, “PLANNED RESIDENTIAL DEVELOPMENT (PRD) DISTRICT,” TO ADD GUEST COTTAGES AS AN ACCESSORY USE AND TO REFERENCE THE SPECIAL REQUIREMENTS FOR ACCESSORY STRUCTURES; AND AMENDING APPENDIX A, “DEFINITIONS,” RELATIVE TO ACCESSORY STRUCTURES; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AUTHORITY TO CODIFY; AND PROVIDING AN EFFECTIVE DATE. (SECOND READING/PUBLIC HEARING) Recommendation: Review and consider Ordinance No. 22-22, a City-initiated amendment to the Land Development Regulations (LDR) to establish regulations governing the appearance of accessory structures in residential zoning districts, by amending Section 4.3.3(Q), Guest Cottages, Section 4.4.2, “Rural Residential (RR) District,” Section 4.4.3, “Single Family Residential (R-1) Districts,” Section 4.4.5, “Low Density Residential (RL) District,” Section 4.4.6, “Medium Density Residential (RM) District;” Section 4.4.7, “Planned Residential Development (PRD) District,” Section 4.4.17, “Residential Office (RO) District,” and Appendix A to adopt a definition for Pool Houses and to amend the Accessory Building Structure, or Use definition. Sponsors: Development Services Department Attachments: Agenda Cover Report Accessory Structures: Ordinance No. 22-22 Accessory Structures: PZB Staff Report Legal Review 9. FIRST READINGS: City of Delray Beach Page 14 Printed on 10/10/2022 City Commission Regular Commission Meeting October 11, 2022 9.A. ORDINANCE NO. 15-22: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING A SMALL-SCALE LAND USE MAP AMENDMENT RE-DESIGNATING A PARCEL OF LAND MEASURING APPROXIMATELY 4.58± ACRES, LOCATED FULLY WITHIN THE WATERFORD PLACE SPECIAL ACTIVITIES DISTRICT GENERALLY EAST OF INTERSTATE 95 AND SOUTH OF WEST LINTON BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM TRANSITIONAL (TRN) TO GENERAL COMMERCIAL (GC), PURSUANT TO THE PROVISIONS OF THE “COMMUNITY PLANNING ACT”, FLORIDA STATUTES SECTION 163.3187; PROVIDING A CONFLICTS CLAUSE, AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES (FIRST READING). Recommendation: Review and consider Ordinance No. 15-22, a City-initiated Land Use Map Amendment (LUMA) from Transitional (TRN) to General Commercial (GC) in correction of a data conversion error for a 4.58 acre parcel located within the Waterford Place/Delint DRI Special Activities District (SAD) and fully described in Ordinance No. 15-22. Sponsors: Development Services Department Attachments: Agenda Cover Report Ordinance No. 15-22 (Waterford Place) Proposed Land Use Map (Waterford Place) PZB Staff Report (Waterford Place) Legal Review 9.B. ORDINANCE NO. 26-22: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, APPENDIX A, “DEFINITIONS,” TO ADOPT A DEFINITION FOR EYEGLASS STORE AS A RETAIL BUSINESS SELLING GLASSES WITH LIMITED OPTOMETRY SERVICES; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AUTHORITY TO CODIFY, AND PROVIDING AN EFFECTIVE DATE. (FIRST READING) Recommendation: Consider Ordinance No. 26-22, a privately initiated amendment the Land Development Regulations (LDR), amending Appendix A - Definitions, to define eyeglass stores with limited optometry services as a retail use. Sponsors: Development Services Department Attachments: Agenda Cover Report Ordinance No. 26-22 View Optical LDR PZB Staff Report Amendment Justification Legal Review City of Delray Beach Page 15 Printed on 10/10/2022 City Commission Regular Commission Meeting October 11, 2022 9.C. ORDINANCE NO. 30-22: 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 CHAPTER 2, “ADMINISTRATIVE PROVISIONS”, ARTICLE 2.4, “GENERAL PROCEDURES,” SECTION 2.4.3, “SUBMISSION REQUIREMENTS”, SUBSECTION (A), “STANDARD APPLICATION ITEMS” AND SUBSECTION (B), “STANDARD PLAN ITEMS”, TO CLARIFY THE REQUIREMENTS FOR APPLICATION AND PLAN SUBMISSION FOR GREEN BUILDING CERTIFICATION; AMENDING SECTION 2.4.6, “PROCEDURES FOR OBTAINING PERMITS AND APPROVALS”, SUBSECTION (B), “BUILDING PERMITS”, TO INCLUDE GREEN CERTIFICATION AS A REQUIREMENT TO OBTAIN A BUILDING PERMIT; BY AMENDING CHAPTER 3, “PERFORMANCE STANDARDS,” ARTICLE 3.2, “PERFORMANCE STANDARDS,” SECTION 3.2.3, “STANDARDS FOR SITE PLAN AND/OR PLAT ACTIONS”, TO ADD A NEW SUBSECTION (L) REFERENCING SUSTAINABILITY GOALS AND REGULATIONS FOR DEVELOPMENT OF SITE PLANS; BY AMENDING CHAPTER 4, “ZONING REGULATIONS”, ARTICLE 4.4, “BASE ZONING DISTRICT”, SECTION 4.4.13, “CENTRAL BUSINESS (CBD) DISTRICT”, SUBSECTION (F), “ARCHITECTURAL STANDARDS”, TO CLARIFY SUBSECTION (9), “REDUCTION OF URBAN HEAT ISLANDS”, PROVIDING SPECIFICATIONS FOR ROOFED AND NON-ROOFED AREAS AND TO DELETE SUBSECTION (10), “GREEN BUILDING PRACTICES,” IN ITS ENTIRETY; BY AMENDING CHAPTER 7, “BUILDING REGULATIONS”, TO ENACT A NEW ARTICLE 7.11, “SUSTAINABLE DESIGN AND CONSTRUCTION PRACTICES”, TO PROVIDE GREEN BUILDING CERTIFICATION REQUIREMENTS, APPLICATION PROCEDURES, AND BOND REQUIREMENTS FOR CITY AND PRIVATE DEVELOPMENT; AND BY AMENDING APPENDIX A, “DEFINITIONS” TO ADD A NEW DEFINITION FOR SUSTAINABILITY AND RESILIENCE FUND; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AUTHORITY TO CODIFY, AND PROVIDING AN EFFECTIVE DATE. (FIRST READING). Recommendation: Motion to approve Ordinance No. 30-22 on First Reading to amend the Land Development Regulations for the purpose of requiring that all new construction over 15,000 square feet, whether public or private, obtain green building certification from one of the specified green building certification programs. Sponsors: City Manager Department Attachments: Agenda Cover Report Green Building Req- PZ Staff Report LEED LDR Amendments 100422 Simple Legal Review Approval Green Building Ordinance 10. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: A. City Manager B. City Attorney City of Delray Beach Page 16 Printed on 10/10/2022 City Commission Regular Commission Meeting October 11, 2022 C. City Commission 10.C. DISCUSSION ITEM - FAU PROGRAM REGARDING DIVERSITY IN MEDICINE AND 1. BIORESEARCH SPONSOR: DEPUTY VICE MAYOR JULI CASALE Sponsors: Casale Attachments: Agenda Cover Report 10.C. DISCUSSION ABOUT PROTECTING TENANT'S RIGHTS 2. SPONSOR: COMMISSIONER RYAN BOYLSTON Sponsors: Boylston Attachments: Agenda Cover Report Palm Beach Post Article 11. ADJOURNMENT City of Delray Beach Page 17 Printed on 10/10/2022