good evening the uh april 20th 26 meeting of the delray beach planning and dining board is now called to order at this point uh miss miller would you please call the roll roger co here mitch kath here didger strong here jim charges absent price patton here karen keseleski here gravey snyder here thank you um yep do we have any changes to the agenda we have changes from staff i'd like to remove election of officers since there's no need oh yeah let's do that miss miller uh had indicated that we needed to select the chair so we can clarify with her who did yeah i had it on there but jim is second yeah i think that we elected mr char as the second vice chair when we elected all the officers and i don't know there's a messenger we can elect him again no that's all right that i was uh going on old information i suppose okay okay so yeah let's remove that election of officers from the make a motion to approve the agenda as amended i'll second the motion we have a motion from mr kath seconded by mr cove all in favor aye aye all opposed that motion passes make a motion to approve the january 26 minutes we got to do the selected members from the affordable housing i skipped over that sorry i was right i'm jumping too hard yes i can enlighten you on that so the state statutes require that a member of the planning and zoning board sit on the affordable housing advisory committee which is the committee that advises the city on its local housing assistance plan which is used to determine how funds from ship are used within the city so um then the board can select from among themselves whoever they would like to serve the seat that has been vacated by now commissioner malika okay and and the question earlier was before the meeting was how often does it meet they meet just three times a year and it's always an evening meeting uh then dates tend to fluctuate throughout the year but no more than three meetings a year all right do we have any volunteers i would do that okay unless you want somebody else i'm happy to nominate mitch katz for that position do we need a second for nominations yeah there's a second okay we have a a nomination um all um for mitch katz for the affordable housing advisory committee all in favor aye all opposed mitchy didn't vote no okay if i get reappointed to this board in summer so yeah okay at this point uh anyone who's going to wish to speak in the meeting tonight needs to be sworn in so if you would stand and miss miller will say we actually didn't have the um motion and second for the minutes oh yeah oh sorry yeah because yeah well now i got it too fast and we forgot to do it let's approve january 26 minutes second motion by mr katz second by mr strong all in favor aye aye on post none that passes okay now you can stand up again you didn't really need to sit up please raise your right hand by the authority of estimate of the notary of the state of florida you swear to affirm the testimony you're about to give us the truth the whole truth and nothing but the truth great thank you everyone at this point we'd entertain any comments from the public on anything that's not on our agenda so please come and uh name it my name is rachel mcginn and i live at 236 northeast 13th street i'm here in desperation because my home is about to be flooded out by the new construction that's being built all around it i live in a beautiful duplex snowbird cottage built in 1958 that i have lovingly restored i hope to die here but i'm being driven out we have an emergency situation on northeast 13th street i have been dealing with flooding for years however with the onset of the four new homes that are being built on the north side of my street it's almost too late so i'm here to get help i can i actually took a video today it wasn't even a very hard rainstorm and i can show you that just from the two late the two lots that were regraded that are currently under construction i can show you the water and i can show you how it runs down the street and you can watch it run right to my front door uh it's also going behind well anyway there are two homes behind my house and albert richwagon's house that are also just sold to a builder and they're ready to be demolished this summer that's where the water goes so when they raise their grade that will back the water up even more so i i i feel that it's obvious that our neighborhood dell ida park which was designed 70 plus years ago to be larger lots and small homes has to be looked at in terms of zoning changes we're putting the hope the homes are too big the green space is too small the storm water pit for the roof runoff as they're too small they don't work the little swale in front of the house not big enough for the runoff that comes off of our streets this has to be looked at and the zoning has to change they really should just freeze up the new construction right now before they destroy houses like my house it's very unfair the other thing is of course people over the years have illegally put in you know pool houses and patios without permits and all that so those homes have to be addressed as well but it's just the new construction is putting us over the edge just even while they're doing the new construction before they put in their management system it's it's um and i'll be honest i think it's shameful that they're taking down these trees that are 40 feet tall and have a girth of anywhere up north those are protected trees on my street there are two queens one is dead now down one is down one is remaining it should be protected but i don't understand why nobody has done that i don't understand why our zoning is not like anna maria island sanibel that beautiful historic town in central florida whose name escapes me you've probably heard of it it's a weird name they have i'm sorry time just about up okay i think we need i think this is a symptom of a bigger problem is what i'm saying so i i appreciate your attention to this thank you i've been to the city so many times i've been through three engineers in the 11 years that i've been trying to get them to address these properties so i don't i don't know why that hasn't been there's certainly a record of me trying to do this you said i have to go get those homes that i don't know why that hasn't been there's certainly a record of me trying to do this you said you said i have to go get those homes that are putting water on the street they have to every every every time i've ever done a redevelopment i've had to prove that there's no water leaving my property but it's not just leaving your property keep in mind that the water that comes from other properties passes through your property and also from the street onto your property that has in other words these lots they used to take on water and now they raise them up the builder puts three feet off top on top of it yeah okay so yeah i think what mr pimp's trying to tell you is it's up to those people to keep their water on their property we're not complaining about you it's up to those people to prove that they're not sending releasing water onto your property you mean the new construction yes tell you that they're not taking on the water that normally crowns and goes on to their lives not only do they have to they should have to prove that they are part of the stormwater design of the neighborhood okay is there any other public comment not on the agenda please first can you hear me good evening i'm karen peterson and i'm speaking on behalf of the residents of brooks lane okay oh yeah that's on our agenda it is okay great it's this oh it's part of the cip okay i didn't see it on there why don't you okay thanks i think it's appropriate to talk when we when we talk about that i was like did i miss out no okay if there's no one else that public comments closed and we'll move on to 9a which is the city's infrastructure improvement hearing good evening board members so this evening uh this item is to review the comments from the public that have been received since the infrastructure process was opened for the city on february 23rd for which projects should be included in the capital improvements plan so we're looking for input on anything that would be of a value of over 25 000 in terms of infrastructure that the city should plan for over the next five years we sent out a series of homeowners or emails to homeowners soliciting input and then it was published on the agendas for this meeting our comprehensive plan requires us to go through this every year obtaining input from the public the comprehensive plan also has a framework for which improvements are selected and it's lumped into critical improvements mandatory improvements and desirable improvements so any feedback received would be filtered through this framework and i'm realizing how small this text is but you do have in your packets we received several comments from the public about brooks lane and some flooding recurring flooding street lighting in different areas and then general road resurfacing and then all of the comments that you all provided as the board we forwarded via email a response from public works to some of these comments and we have miss buisson from public works to address any of your questions so at this time we would be able to open any feedback or open the floor for feedback from the public and then also we have miss buisson here to answer your questions great thank you all right at this time anyone who wishes to speak about the capital improvement plan please and name and address for the record parent peterson one zero zero one brooks lane so i'm here on behalf of all the brooks lane residents and thank you for your time tonight we really appreciate it our street's been dealing with serious flooding over the years especially during the king tides and the heavy storms and it isn't just nuanced flooding it's impacting the state safety and our ability to get in and out of our homes we're concerned of ambulances or police need to get through during those times and it's caused repeated property damage it's not getting better it's getting worse many of us have reached out individually over the years and we didn't see any progress so now we've come together and we're all united on our street we are year-long residents and we care about the neighborhood and we want to be part of this solution we've already started having conversations with city leadership and we appreciate that time and attention we're here tonight because we want to keep that momentum going and we want to work more closely with all of you we're at what we're asking is pretty straightforward we'd like brooks lane to be included in the city storm water management plan considered in next year's capital improvement plan and we want to stay involved in the process we want to work alongside planning and zoning public works and the city manager's office to find a practical long-term solution or multiple solutions we're not here just to complain or raise a problem we're here to be part of the solution we're open to ideas feedback and next steps we want to make sure our street is safe accessible and not repeatedly underwater every time there's a big tide or a storm thank you again for your time and we look forward to working with you on this thank you very much um read that i don't know i'll i'll just say something about this if that's all right i i read this i i went down all the little streets like brook lane and like before i get to the city's response is brooks lane different from lewis cove and white drive and roads villa in delhaven so they don't flood okay okay chair um if you need answers from the public if they don't come to the podium when you talk just that everything's captured please yeah that's good but i think i think it's too late um okay well at that point i don't don't know it's too bored discussion roger what can you summarize what just what what her response meant like yeah yeah because you have got all these streets that are over in that neighborhood and right they're all the little streets they're all essentially the same they terminate in the cul-de-sac and they have canals on either side of them and there's lewis cove and brooks lane and on and on and on on and on so so is brooks lane lower in some way than the others or or that's a great question why is it flooding more than the others or are the other streets just not complaining about the flooding that is happening on their they're not they're not flooding as much as brooks lane like i said the city comes out and puts signs do not this is not passable you can't you can't drive a regular car through there and they don't do that on anybody else's street not that i've seen not on lewis cove not on white drive i don't know about the other ones i walk through there so i do know that i do know that somebody i think it was delhaven that we had friends that lived down there and but they flooded and they were at the end and they flooding came up in the back of their house not in the street i'm sure the other streets have flooding but ours is excessively worse than lewis cove and white drive please yes i'd be happy to provide a little insight we have met with um with miss peterson and and the neighbors on several occasions um those oh cynthia busan assistant director of public works thank you for having me here tonight um yes happy to do it uh so we have met with miss peterson and her neighbors it's all of the five finger streets which are delhaven roads villa white drive brooks lane um and lewis cove thank you all have varying degrees of standing water following uh significant rainfall and high tide conditions it's part of being a coastal community we are watching it we're aware of it we have made improvements to some of the outfalls in the area adding backflow prevention devices into the catch basin so that water essentially doesn't come backwards through the stormwater system we are in the process of embarking on a new stormwater master plan and that will identify all of the um the flooding issues that the city has east of congress avenue and throughout the entire city limits and what it will do is it will give us a road map of really the worst conditions we have in the city and give us a game plan for how we're going to start um tackling some of these conditions we know that we have marine way that we're getting ready to embark on now and that one is at present probably the worst situation that we have yeah right so that one is is starting now and then as we're constructing that we'll embark on the next stormwater master plan that will identify all of the future year projects okay so when can miss peterson look to getting something put in a plan to actually work down there so part of the stormwater master plan will include public outreach to communities and neighborhoods just as just like your own and we'll take all that input and put it together with the science that exists in terms of you know topography like someone was saying earlier the the true lowest lying streets um and then we know that part of stormwater protection is also seawall elevations we we spoke to you a little bit about that um if not everybody on the street has their seawalls over a certain elevation then the water comes over that way during king time and we believe they do now but okay great so they fixed that so all of that will be considered for the upcoming uh what's the time frame on the stormwater master plan so right now we are in scope uh development with the consultant so i would say in the next six months we'll have a plan in six months or um it depends on on how public outreach goes we're kind of going through that how many meetings do we want to hold like so the format is all still to be determined but i would say six months to a year okay and what is the possibility of us getting on the the cip for the next year because i was told we can't get on there for this year um so until we have a stormwater master plan that identifies the projects that we need we we don't really add projects into the storm into the budget yeah until into the plan until we have a planned project okay i didn't realize one had to do with the other okay thanks for explaining that okay all right well i'm glad to meet you all i hope we can meet on better circumstances that this is moving forward and we get it all fixed as we do thank you just to add because you mentioned marine way that project we started that when i was on the city commission 10 years ago and it's still not constructed and it's being it's finally is that acceptable to you no so so what cannot what can we do as brooklyn's residents to not wait 10 years to get this hold the city commission accountable because that's at the end of the day they they hire and fire the city manager who runs the day-to-day operations right so we have no control it's the elected officials that make the decisions of the city and that cip they approve the cip plan we don't right so those you need to hold your elected officials to feed to the fire to put pressure on the city to get things done extenuating so it did but it's but definitely it i mean she's mentioned it when missy's been here like it's that was the project when she started with the city and it's still oh sure yeah yeah sure so we have public works planning and zoning city managers city engineers city commission city commission most important is the top of that chart the city city commission yeah keep an eye on the city commission agendas okay this will be on their agenda right we send them her recommendation they they're the ones that make the decision i don't know when it should be on their agenda what next month probably there's a meeting tomorrow isn't there for commission yeah this won't be there tomorrow okay no idea the budget process will be starting i believe next month and so all throughout the summer june to september when the annual budget including the capital project projects budget are adopted will be on the advertised hearings with commission so if you sign up for the notices for commission agendas and you can see when they are discussing the budget at their workshops and setting priorities for for projects and expenditures okay okay save your speech and use it well i i you know i was at one of the meetings in february and i saw that there was a michael tillis i think was his name from uh the um the cloud nine group anyway he was a lobbyist i sent an email to him i didn't mean to step on anyone's toes but i noticed that he was able to get funding for tropical isles so i'm you know i'm looking at other avenues too in order to be able to work through this so like we said we want to work together you know so have you sent this to all the commissioners yes and with all the all the signatures of everyone on the street all the residents so just stay on top of it that's all your that's okay okay mr chair you cannot well this actually goes to some of my questions to staff if i may not yet please okay i'm ecstatic that you're talking about a new update to the stormwater master plan i know this area has been problematic for a long time but there are also areas cropping up around the city east of congress i mean again talked about that some of those areas as well so to have that in place and update it'd be great i'm sure you're going to go through wet season king tide season so you'll see all the places where it is of most importance um the other question i had though is um how is status given back i mean a lot of that that this item and many of the items listed on the the proposed or what the input received from public have we're working with the public or you know we'll look into it kind of things is there like a quarterly update to i i'm new to this so i'm asking you but i am too thank you no great question they're looking into it that's what we can but i would like i mean wouldn't it be helpful to have a quarterly status i mean they talked that according to this they talked in december it's four months later has anything more happened since then i mean or is it just take that long i i'm just you know it could be even just twice a year there's or before the next infrastructure hearing there's a reporting of how the last items were addressed i'm just making some suggestions if you're not you may be doing them already i'm you know did you want me to respond to that please okay so so we actually are in constant communication with miss peterson and her neighbors um on on this specific issue uh if you were talking on a broader scale in terms of the stormwater master plan we do take public input throughout the course of development of the plan and then during the last stormwater master plan that we did in 2019 we actually held town halls following that where we presented that information back to the community um and provided them with uh what does this mean and what does what are the types of projects that will be coming forward and uh as we know thomas street pump station and marine way those projects were presented and uh in the last stormwater master plan are underway right now so well i mean even the simple um the light request um the street light request i mean there's you know is that ever reported back that that was completed i mean are they just come back next year and say we didn't get it we won it still i'm it's a process question not sure it it depends a lot of um a lot of the input i wouldn't say a lot some of the input we we're in constant communication right we know about the brooks lane issue we're we're on it we're watching it and it will be included in the stormwater master plan other things that we've identified it such as street lights being out or missing are things that we reach out to the to the homeowner that indicated that that that is an issue and then we work through that with them yeah that's more managed on a on an individual basis so if you say we're in constant communication when can we expect communication the next and how will it how will you reach out to us so we're uh once we have a consultant on board for the stormwater master plan and we start taking public input you can expect that we'll contact you at that time so you can give us your you and your neighbors feedback okay would that be through email or snail mail or you don't know okay i would say so what i would say to that is that we know that certain pockets of the city um have reached out to us and so those people we will be able to contact on a on a case-by-case basis but there will also be for the people who who we may not be aware of that are experiencing issues there will also be notifications on city's website and facebook kind of letting you know hey we're looking for this type of input we'll be holding these meetings please let us know your concerns okay great i just know i need to know what to look out for that's all thank you okay thank you very much thank you any other comments on this brooks lane i just have on this item or just general infrastructure what are we finished with brooks lane that's fine yeah i'm done yeah okay thank you very much okay no i don't care just just two things i let price go first two things on here one is the um whether there's traffic calming in the in the budget for the marine historic district it was it was part of the original edwards uh development agreement that there'd be traffic calming to be provided and i've heard varying stories that it's no longer in the agreement it's the money's gone somewhere else um but um i would hope that the money would still be there be in some in some pot for that traffic calming when when uh atlantic crossing is completed and then the item about the um the chinese banyan tree and that you get that doesn't need to be on the on this list because by by june 1st it's either going to be moved or or demolished so you don't have to waste your time on that one thank you okay mr katz sure i just said questions about boric road and i know that we're looking at now um here um public well we just had a public information meeting for the north side um the south side though and i i and i know there's been a lot of comments by non-residents that live off of unincorporated streets there and their concerns and i know there's been some changes and then i happened to drive up the other day i took that on purpose just to see how it was coming along and when i got to where the towards the end the very southern end of barwick and there's you know beautiful new sidewalk there with literally mailboxes in the middle of the sidewalk like i can't see how that is ada compatible whatsoever if somebody was in a wheelchair or scooter there is no way they're getting through there i mean i saw that i was like there is no way i literally could not believe that somebody let this happen um so i just think i mean that's millions of dollars that have gone into this this project and it's i think overall a great thing but for stuff like that i just don't i mean i was mind boggled to see that if somebody said it on facebook i said that can't be true so i went and looked to myself i'm like my goodness it's true so i will say that um we have different we have conflicting uh interests uh we have we have reviewed the sidewalk it is ada compliant but in that area of barwick road the mail delivery service is performed in the vehicles and so the postal service has indicated that we had to have the sidewalks in that location so that the mail service could be delivered from the vehicle so so it meets all the requirements it should both for the u.s postal service as well as for ada requirements you're saying a wheelchair could get around there yeah it meets minimum clear space okay it's yeah i didn't walk it i just looked but i'll take your word that's all i have roger i want to back up a half a step to the brooks lane thing only because i i just got a real basic observation that ties the prior public comment about her flooding i mean so so brooks lane has been brooks lane for 70 years as all those streets have been and and 70 years ago when all these houses were built there there were probably very few regulations in place that dealt with water management and flooding and shedding water from your property to the street or the to your neighbor and so fast forward 70 years and every one of those streets is being inundated by massive gigantic brand new homes that are bigger taller wider deeper and much more uh impervious than anything that that site has ever supported that changes the the characteristics and the flooding issues on that site dramatically so we all know as she was very intelligently stated you know that the developer of that home what whether the street has a history of flooding or not the developer of that one parcel has to prove to our city planning department and our city engineer that they manage the water on that site and retain it and keep it on that site and don't shed it off onto anything so in some ways it's now if they're knocking down a 1958 home and building a 2026 home the water management should be far superior on the brand new home than it ever was prior to that so there's a lot of things that come into play i don't know what the history of brooks lane is uh whether it's been maybe it's been flooding for 70 years and it's just time to do something about it but the city's got a great graphs about everything and i'm you know i'm i'm sure as all these brand new homes keep getting their with their finished floor higher and higher and higher and higher and higher it's just you know it's uh managing the water on your site is a very important issue whether it's on brooks lane or on 13th street i think it's all over i mean you somebody grew up here you knew that you had grass that's where the water went you always had these big lots with smaller homes so that when it you mean it rains every day like today this is a typical right it's florida um and we flash rains all the time and but we had you know we had grass and trees to soak up that water once you get rid of all the trees and grass there's nowhere else for that water to go and now we're seeing the we're seeing the the um outcome of our success which is you know of this this these beautiful homes the outcome is now is where the water go and on top of that you have natural phenomenons going on with the king tides and you know that that was not any anybody thought of 50 years ago we never knew what a king tide was there was no coastal um flooding the way there is today and you know so now that you've got both you've got it should have been the opposite right you should get smaller homes to take care of that coastal flooding instead where we're getting rid of anywhere for the water to go and we're getting more water coming in it's just i mean it's like you know i try to lose weight i know if i eat too many calories that more than i'm burning i'm not going to lose weight same thing with the water finish mr strong yes sir this keeps oh well then i'll just go ahead interesting analogy is staff going to prioritize these issues i mean like you know you've got a so much of a pot of money and then you put a price tag in these issues and you prioritize them and you keep going down the list until you run out of money um are you are you going to do that with this list and if you do i'd like to see it so this list has a wide variety of things on it um i will say that we are working on them all in different ways some of them are maintenance types of issues that we can tackle in the very short term just using maintenance funding and some of them will actually rise to the greater than 25 000 uh needing to be incorporated into the cip so um so yes we are working on them all and in one way or another they will be incorporated into um future cips whether that's uh like for instance let's just use brook lane since that's the one we spoke about the most we'll embark on this stormwater master plan and then that plan will identify the problem areas within our city giving us a list of projects that will be incorporated into future cip projects that will come forward um in future years so it will not make it into the 26 27 budget that we'll be bringing forward in october but potentially in in future years but you you've got to put a price tag on them and you got to prioritize them at some point right right and that's part of the stormwater master plan effort so for stormwater i would say that for roads we also have a separate um effort that we're doing right now where we are identifying packages of future roadway improvements throughout the city that we can do on an annual basement on an annual basis we have a pavement restoration plan and so we we allocate a certain amount of funding every single year to do roads and we try to tackle um a wide variety of roads we try to tackle some of the ones that aren't so bad to restore them um more economically so that they last us longer and then we pick of course roads that are in worse shape and then uh do those as well so um but that plan will be coming before the commission in the next few months and that'll support additional funding for pavement restoration of future years so i don't know if that specifically answered your question but everything in here is in is in play in one way or another thank you yes if i could just add to that i'm hopefully this stormwater master plan is advertised well to all the residents my guess is you've got in brooksland in particular you have a group of residents who have i don't think it's because so much of flooding but there was another big project on that street they figured out how they can work together right to get become the squeaky wheel but there's a lot of i guarantee you there's more areas and hurt you're in lake ida right my guess is that's not the only street in lake out of facing that same problem there's probably plenty but they don't know where to go they don't know who to call so hopefully um i think that master plan is going to be critical as communicating to all the residents and not just in the water bill that nobody reads but you know getting the news out there and say hey we're we want your input and the news will write stories and show them and say you know is your neighborhood having this that kind of thing okay i just have one question about still about the water storm water as mr mr patten says so a developer or a person building a home is responsible for ensuring that the water stays on their property and doesn't drain on other people's property that's true but apparently that's not happening so is this a failure of the permitting department is it a failure of code enforcement is it a failure of building inspection so i would not so i think as um there are so many factors at play that i don't know that it should be or could be put on any person for this happening um so i don't want to put it on a person i just want to say is our process totally flawed to enforce the rules no i think it's a fabulous question i think uh mitch cats hit the nail on the head when he mentioned that that houses are getting larger yeah uh and the coastal um flooding issue has has gotten more significant you know whether we want to call it climate change or or just changing changing climates whatever terminologies we want to use the the fact is that there is a change in the amount of rainfall we're getting and the water levels in the intercoastal so and then in addition to that uh the city is has been highly successful in in getting um residents who have the means to build larger homes and that leaves less green space for the water to go whether or not they're maintaining um the storm water that hits their own site they still were collecting more that hit other places right before that home was built so one way or another it you know this development does impact uh impact the amount of water that that has no place to go um so i would say this to that and then some neighborhoods unfortunately like northeast 13th don't have active storm water meaning that there are no inlets and catch basins that go to a pond and so as she mentioned we have been working with her as well and we're aware of the issue but in and we've we've um installed a few short-term mildly successful things to try to help mitigate the issue but at the end of the day that street has several multi uh like multi-family homes that have parking in the right of way so there's not the grassy swale area for the stormwater to go in addition to larger homes coming in so there's there's a multitude of issues that will go into the stormwater master plan and come up with a plan but i'm positive that northeast 13th is gonna is gonna get some attention in that plan because we know we know it's a problem and and yeah i want to not denigrate the stormwater master plan that you're working on because i think that's the excellent idea but i just wonder how we get to these and my so my question then turns into is there something we should be doing on this board to try to put i won't say a stop but a damper on this kind of construction that causes this problem is there something we should do or can do and i guess maybe that's more of a question for the board can i say for anybody else i don't think you use the word failure you know i don't think the building department when they're reviewing these yeah maybe too strong they're not failing at it i you know i i can't you know the city engineer is goes over these projects with a fine-toothed comb it's tough to get by this guy with with so many things yeah true you know he over analyzes if anything and but that's his job so so yeah i don't think well i don't like i said i'm not trying to right i probably the language is too strong because i'm not trying to put blame on anybody so i think if anything like as cynthia is saying the stormwater master plan is going to be the key to understanding all of this maybe they'll find out the problem is that there's too much development maybe it'll be something else we don't know but i think until some of the science comes back on it um but it's certainly on the radar of a lot of people that this ongoing flooding does seem to be connected to the type of building that's coming in so i think having a conversation here and just continuing to bring it up is a good way to get it on to keep it on the radar as we're trying to come up with solutions for it so then when we have a stormwater management plan that's going to influence the inputs to the decisions of this board obviously because it's part of the city's planning and that's going to be one of the things we're going to consider and i won't be here but that's okay also i think between now and the time we actually get the plan in place when we have these issues that come before these new developments like you mentioned um you know when we vote on the city's recommendations we can always make adjustments to that now that we're aware of these issues and that development comes in these in these uh pockets of the city where the flooding is an issue we can make sure that these applicants are identifying what they're going to do or what their process is for maintaining the water on these sites and make sure that we see that when it comes before us so that when we vote if we're not happy with it we can always send them back to the drawing board or just make that recommendation or condition as part of the recommendations that we make well one thing to within the neighborhoods those wouldn't be houses that would typically come before the board because a single family or a duplex can go straight to building permit so if it's a townhouse development that um you may or may not see if they asked for relief you would see it if they didn't you wouldn't depending on the threshold so um i think that that process for capturing all the storm water on site is the best thing that we have at this point to keep it on site instead of impacting neighbors i think one of the things we could do as a board is look the next time any kind of major comprehensive plan or land development regulars regulations come over to make sure there are priorities in there i mean i looked at the priorities in the capital improvements somewhat in terms of your prioritization question and it is public hazard and then safety and deficiencies so maybe it needs you know the deficiencies are ongoing need to kind of percolate higher up in the prioritization going forward so those are things great okay is there anything else yes breaking away from from that the i see the line item here uh that i just have to ask 10.1 million dollar cost to reconfigure the design development services department yeah we asked about that last time can we can we get some big what's that all about that's a lot of money it is a lot of money uh at one point we were considering building a new building however um we've been the there was a senate bill put in place that doesn't allow new construction anymore so we're back to the drawing board we're going to go forward with um interior renovations of their existing spaces uh so the price will likely come down significantly this is just this is the physical reorganization of offices that make up the design development services exactly this is not reorganizing the actual organization that actual department right that's it do we have a an action required one at this point no no action required okay you will see the um capital improvements plan come back to you in august prior concurrent with the adoption the city adopting the capital improvements budget so the board has to recommend approval to adopt it into the conference all right thank you in that case we'll move on moving on to item 10a which is quasi-judicial and i'll read the quasi-judicial rules at this point this hearing shall be conducted in accordance with the city of delray beach quasi-judicial rules the applicant and the city shall be permitted to present their case the public shall be allowed to speak for three minutes each or a maximum of six minutes if the person represents an organization or a group of people who are present but agree not to speak the board members staff and the applicant may be allowed to cross-examine witness and the city and the applicant will be allowed to offer rebuttal testimony the decision to approve or deny an application or appeal may not legally be made upon personal views as to whether a project is a good project or not nor may a decision be based on the numbers of citizens who support or oppose a particular project the law requires that all decisions must be made on the basis of whether the project meets the requirements of law the comprehensive plan and the land development regulations so at this point this does if you would read the item into the record or miss pinkston either one thank you good evening um barbara pinkston for the record um this is file number pz 388-2025 a request for a land use map amendment and pz 389-2025 a rezoning request and the property is located at northeast 7th street and northeast 7th avenue thank you and then uh is there any expert a mr co association i think that's it okay yeah drive by email and then i had a conversation with mr costello and i had a i had saw the email and i did visit the site and i had a conversation with mr costello met with mr spoke to mr costello and i had the emails as well okay mr costello the board of yours good evening chair board uh 15 okay sure uh jeff costello uh jc planning solutions representing the applicant matrick and michael lorne um with regard to the project uh again this is at the northwest corner of northeast 7th avenue and northeast 7th street these are some photos of the property um basically it's well there's a extensive hedging along 7th avenue it's the north end of the property this is the south from facing from the uh the auto dealership looking north and then east along 7th avenue and and then this is the west side of the property uh abutting the auto auto dealer uh so what we have here just for some context is the surrounding here this is owned by the my clients the funeral home as well as this property this one they've owned 75 years this one over 40. basically if you've been using it for parking commercial use for many years uh and as you see on the map uh this is uh at the uh edge edge of the of this commercial and residential area uh there are a lot of uh auto related uses in this area and then along george bush as well with some offices a convenience store laundromat um auto repair um here we have some multi-family uh some of them the the one that just across the streets almost at 30 units to the acre the hampton apartments i'm sure many of you are familiar uh actually turns out to be about 83 units to the acre with the 19 on less than a quarter acre lot so that that's just the context of some of the surrounding areas to the south is the auto dealership to the west is the write-up area for the auto dealer and then you have uh i think the palm trail neighborhood association line comes right down through here um so it's uh again northwest corner of 7th street and 7th avenue it's a little over a half an acre lot uh there is an existing 25 foot utility easement on the north end of the property actually this this is actually a 25 foot easement on the south end of the funeral home property as well dates back to abandonment of seventh court back in the 70s there's utilities in that location uh also with regard to in any redevelopment will be required to provide a five foot right away dedication on 7th avenue this is a non-conforming commercial parking lot it has an existing medium density land use map designation that does allow as an incentive you can get up to 18 units so technically you can get a total of 10 units with the proposed commercial core land use designation max is 30 units to the acre or 18 units again with these site constraints it's it's very challenging uh with regard to these properties as and the intent is to unify basically keep this property the same as owned that same zoning as owned as the owners do for the funeral home again the proposed land use is commercial core existing zoning rm proposed cbd central business district central core sub district the proposed use not been determined yet i have been looking at some concepts but the use does allow commercial i mean the zoning commercial residential or mixed use and i know that we were considering submitting a site plan but we know that when we go through this process i know that's not looked upon favorably through the attorneys as well as planning that look it's it's not based on what you're seeing in the pictures so we did not do that although we were engaging uh speaking to the gary billy opposite uh existing land use again as you see on the map uh this is md to the south is the parking lot for the dealership as well as the dealership itself um and then you have the zoning of rm so the the parking to the south of the dealership with the wash they have wash area this is zoned cf as you see here this is also zoned general commercial right on the north side of seventh court and the proposal is to change into commercial core and cbd so as you see on the right hand side what is allowed so in the rm district the maximum height is 35 feet the gc which is a right across the street from the rm allows 48 the existing funeral home site is on cbd allows 54 same with this auto cells it's zoned cbd 54 the automotive commercial here the genesis which will be relocating is 48 feet and then the cf allows 48 feet so with regard to required findings we feel that required findings can be made with section 3.1.1 the land use map the under under the proposed commercial core land use map designation the cbd is the preferred zoning district again commercial residential mixed use again there's the map shown on the screen with regard to currency staff's report concern confirms the adopted level of service standards are met including those related schools water and sewer drainage solid waste and parks right now keep in mind and traffic and keep in mind too that you know there is no specific development available these will all be reviewed again with any specific development proposal in the future with regard to the traffic they take the worst case scenario based on three far which cannot be accommodated on the site but you have to analyze it anyway and and and and then also to water and sewer and silver so positive findings can be made and there's no level of service issues with regard to the consistency and the comprehensive plan very detailed staff report many policies referenced and some of them are listed up on on the screen here uh in the neighborhood districts and corridors element we feel that positive findings can be made required findings can be made with regard to the goals objectives and policies specifically the more applicable of the neighborhood districts and corridors housing element and economic prosperity element commercial core land use designation is appropriate for this property it abuts cbd with no separator development pattern is is consistent in this situation it allows a mixed uses which is allowed on the abutting properties um the cbd requires civic open spaces which are not typically required in other zoning districts the cbd is a form-based code which has uh various development standards uh to mitigate any potential uh impacts and this would be provide an increased economic development of this area this area i think on the on the on the residential neighborhood stabilization map it's shown as stable but if you've driven i'd say north north north of 7th street it's it's in transition this is a it's not stable and here this lot is indicated as stable yet it's commercial that really encroaches into the commercial area with regard to neighborhood districts quarters uh policy 1.1.3 existing md directly abuts the c that's the commercial core so you see it here it kind of protrudes this is the existing parking lot um there's other instances where public right away provides that transition which are immediately east where the gc is separated from the rm and the cf is separated from the rm again northeast 4th 7th avenue is a 40-foot right-of-way uh separating the rm from the non-residential zoning uh there will be a five-foot right-of-way dedication and this is not an encroachment of the c commercial core land use into the residential but we already have an encroachment of this residential which is a commercial parking lot into the commercial it's it's the reverse um with regard to transitions from the central business district to the residential the cbd setbacks uh with those that are required so cbd requires minimum 10 to 15 foot on the first three floors if you go to a four story it's required to be 20 feet so as you with regard to that transition what you end up having is a 50 foot separator from the residentially zoned property to the building here and then if it's an upper floor uh then it's a it's a 65 foot separator so it's much greater than you would you would get in rear now keep in mind this situation is different than what you have south of 6th street and we're not proposing that because this is a very unique situation south of 6th street on 7th avenue you have an actual divider of an improved alley that separates the commercial from the residential those homes that have been developed with the buffers in the rear you have that separator this is a quite a unique situation where even the property itself is only 119 feet deep with regard to uh consistency to comp plan policies continuing on uh it's supported while while the plan talks about uh neighborhood plans and the fact is one can say well it's not really but but in a way it is supported by the north federal highway redevelopment plan and downtown master plan specifically in the in the north federal highway redevelopment plan this is although the plan doesn't propose any expansion of the commercial area at the time expanding the depth of perm to permit planned commercial rather than strip commercial development may be desirable in the future and the city should consider rezoning and flume amendment applications to expand a commercial to allow larger the key is well planned commercial and mixed-use developments when you have these smaller lots you and and those with many uh encumbrances uh it's challenging to get a really quality development um one more point on the consistency with the comp plan uh the policies mentioned above this particular uh you know with regard to economic prosperity and the housing this furthers the revitalization and stabilization of the north federal highway area as well as uh or encourages of the federal revitalization and stabilization of north federal highway corridor and the downtown core in this particular area encourages redevelopment redevelopment that will strengthen the economy and as stated in an economic prosperity element again this is a cbd form-based code that ensures compatibility compatibility compromising redevelopment and enhancing quality of life uh and i'll get into some of the regulations in a second with regard to the standards for rezoning actions uh positive findings can be made with 3.2.2 with regard to section a again if you feel is supported by the north federal highway redevelopment plan and the downtown master plan quoting that same section you saw previously i won't repeat it uh the property is only is the only zoned rms zoned property on the west side of 7th avenue north of 6th street and south of georgia west boulevard this extends in it's an alcove of rm of a commercial parking lot it's not residential um property um it's an existing non-conforming parking lot and this is a transitional area in need of investment and so this could encourage that that investment um the standards for rezoning a couple of them are not applicable but with regard to d rezoning allowing uh use to be compatible with adjacent nearby land uses both existing and proposed or that is incompatibility incompatibility may occur that sufficient regulations exist to property properly mitigate adverse impacts on the new use again there's shows the surrounding zoning i've ran through this before to show you again um to the west that this abuts properties that are allowed 54 feet this practically provides a better transition uh you will see i think as you stated as you'll see in the staff's report there are some uh suggestions that could be made to further mitigate again this the cbd regulations provide a lot of development standards you that you typically do not have within a normal situation required uh 15 foot streetscape improvements setback requirements um and then the stepping back of upper floors the commercial core land use designation and cbd zoning allow land uses that are deemed compatible with abutting and adjacent commercial properties the pros development will be complementary to and enhance uh the surrounding area and again the cbd regs provide mitigate uh perhaps provisions to mitigate impacts um and last but not least the compliance with the ldrs uh the statements for reason the change in the zoning is being sought to re-identify items two and three the central business district is the preferred zoning district for the commercial core land use designation to preserve and protect cultural and historic aspects of downtown delray beach and simultaneously provide for the stimulation and enhancement of the vitality and economic growth of this special area the subject property above cbd zoning within the central uh core sub district and it's more appropriate as property contains a non-conforming commercial use that is the only rm zone property west of 7th avenue between george bush and 6th 6th street and it's uh basically all commercial um and therefore positive findings can be made with regard to stats considerations and your backup okay if it's just last slide um how many minutes we have anyway that's how much i took okay um so i thought i was moving fast so uh these are some items that they're data in the staff report for consideration we feel there's sufficient justification with regard to lndc 1.1.3 the land use allows the most appropriate development to fulfill the remaining land use needs with regard to zoning again form cbd form based code uh the property of butts uh these particular areas that it directly abuts with no separation and the compliant provides policies that do not only address all these scenarios but it is more appropriate for the cbd and supported by the north photo highway and downtown master um i'll hold off uh okay well i was i didn't realize i was out of time so i was gonna i'll i'll make some mike yeah so but that concludes my presentation thank you okay once again and hopefully not sounding too repetitive um the property is a point six one acre parcel located at the northwest corner of northeast 7th street and northeast 7th avenue and it's currently used as a parking lot for lauren brothers funeral home the land use is medium density residential and the zoning is medium density rm residential as well so this just shows um the land use map proposed amendment from medium density to commercial core and the rezoning from medium density residential to cbd central business district also the rezoning request would result in an amendment to the central core sub-district regulating plan so this just gives you a view of of where that's located and this is just a little bit of background information about the property in the area so in 1974 northeast 7th port which was formerly known as mcginley avenue west of northeast 7th avenue was abandoned and incorporated into the adjacent lot so they abandoned it and each parcel took half of that street prior to 1990 the site was owned multi-family residential 10 and the surrounding parcels to the north and west were zoned specialized commercial in october of 1990 the citywide rezoning changed the site to rm and the parcels to the north and west general commercial in march of 1991 the property directly to the west is rezoned to automotive commercial or ac by the city to reflect the use of the property and so this is the analysis for the luma request just to give you some of the standards amendments must follow the procedures outlined in florida statute the land use map is adopted as part of the comprehensive plan therefore land use map amendments have to be processed as small scale comprehensive plan amendments pursuant to florida statute prior to the approval of development applications certain findings must be made these findings relate to the land use map concurrency consistency and compliance with the land development regulation so the rezoning analysis this table just indicates that cbd zoning district is preferred is the preferred is a preferred implementing zoning district of the proposed cc land use and under concurrency i just wanted to highlight this part that at its highest use it could result in an increase of um the daily trips by 3191 and so this is the actual table so you can see based upon the existing zoning the daily trips are 67 and if you go down to where it says change in potential trips that's 3191 so these are some of the required um findings for consistency and one of the main things to point out is the example of transitions at the rear and policy ndc 1.1.3 it speaks of that and it talks about potential development patterns and how they're arranged to make sure there's compatibility and appropriate changes in intensity height and scale ndc 1.1.12 speaks about redeveloping remaining infill lots in residential neighborhoods using zoning that is identical are most similar to the zoning of adjacent property ndc 1.1.13 apply the most restrictive residential zoning district that is appropriate to the neighborhood based on existing development patterns objective ndc 1.3 mixed use land use designation it speaks of applying mixed use land use designations of commercial core general commercial transitional congress mixed use and historic mixed use to accommodate a wide range of commercial residential housing opportunities appropriate and scale intensity and density for the diverse neighborhoods districts and corridors and city okay the next slide we continue on with required findings under consistency and this map just notates where the property is located in respect to the north federal highway redevelopment plan so there's one little piece that's sort of left out under policy ndc 2.7.5 it states that request to change residential land use or zoning designations the designations other than community facilities or open space land use designations or zoning categories should be not denied unless the proposed changes implement an adopted neighborhood or redevelopment plan the next policy speaks of amending the land use map only when the demonstrated need for the requested land use is based upon circumstances that are verified and supported by data and analysis and it goes further to say that the requested land use designation has to be consistent with the goals objectives and policies of the most recently adopted comp plan that development at the highest intensity possible under the requested land use designation meets the adopted concurrency standards the requested land use designation is compatible with the land use designations of the surrounding area and that the requested land use designations are compliant with the provisions and requirements of the land development regulation and again i think jeff had this same information so this speaks about just shows that what the surrounding uses are what the land use and what the zoning is and md land use the intent is to maintain neighborhood characteristics while supporting new and revitalized housing while cc land use intends to ensure development that prefers proves proves the downtown's historic moderate scale and again compliance with land development regulations so any site plan applications would have to comply with land development regulations and cbd is would be would have to be approved or looked at utilizing form-based zoning so change of zoning designation so this is a rezoning analysis valid reasons for approving a change in zoning are that the zoning had previously been changed or was original originally established in error that there has been a change in circumstance which makes the current zoning inappropriate that the required zoning is of similar intensity as allowed under the land use map and that it is more appropriate for the property based upon circumstances particular to the site and or neighborhood and this table just it shows what the different zoning districts and the possibility that if this is rezoned to cbd that it would be eligible for live local act which would potentially allow up to a maximum of 40 dwelling units per acre and the standards for rezoning zoning changes that would result in strip commercial development shall be avoided and in this case form-based code does not allow that so that would not be a concern rezoning of land shall result in allowing land uses deemed compatible with adjacent and nearby land uses both existing and proposed or that if an incompatibility may occur that sufficient regulations exist to properly mitigate adverse impacts from the new use again here are some of the setbacks that jeff also discussed and if you can look at some of the the height differences so as it exists right now as rm the maximum height is 35 feet if it's rezoned to cbd it could go to four stories and 54 feet and so one of the questions that you would need to consider also would a height limitation be appropriate if the amendment is approved and here's just a summary of some considerations so the land use of map map amendment from mdu to cc whether there is sufficient justification to approve contrary to always delray comp plan policy ndc 1.1.3 that calls for transitions to be provided at the rear of properties so that like faces like whether the requested cc land use allows the most appropriate development to fulfill remaining land use needs and as far as the rezoning from rm to cbd whether sufficient regulations exist to properly mitigate adverse impacts from the new use that the board may anticipate as incompatible with adjacent and nearby land uses both existing and proposed as a result of the rezoning whether limitations on the subject property such as a height limitation are appropriate or if the maximum height in the cbd is appropriate whether policy ndc 2.7.5 which says deny requests to change residential land use or zoning designations to designations other than community facilities or open space land use designations or zoning categories unless the proposed changes implement an adopted neighborhood or redevelopment plan if that prevents the board from recommending approval of the request and so here are the options for board action so this is regarding the land use map amendment and the next would be the same regarding the rezoning okay oh okay thank you at this time the floor is open for public comment please come forward state your name and address and good evening all uh actually uh my name is jack indique i live at 419 northeast 8 avenue in the palm trail neighborhood i'm here with several of my fellow board members and neighbors and neighbors and if i may i'll take the six minutes please thank you for listening to our thoughts here um you have an important decision and i know many of you appreciate the history of del rey just as a reminder this plot this land was designated residential in 1894 by uh adolf hoffman so it would be a shame after 130 years the city has changed but uh just for clarifying the parcel sits inside of the palm trail neighborhood footprint northeast 7 avenue between first and george bush is palm trail neighborhood this is not adjacent this is in it regretfully we don't have the luxury of showing sexy visuals like this but if you look up and down northeast 7th the entire street is multi-family and residential there's only one little outlier the commercial side which is a car dealership that's to the south of it so we first learned about this change uh being approached by mr costello we had a very productive meeting uh cordial meeting we reviewed all the materials subsequently by the board we wrote a letter to mr costello opposing these changes and have since also reviewed all the other materials that have been currently presented um so the more we learn about it the more just the stronger our opposition is um as you may be confused have been confused by some of the letters that you received from us apparently there was a little hitch on friday afternoon when an updated report was issued that was erroneous it has since been fixed by the staff we spoke with staff this morning we appreciate our help we think the report is very thorough um so we apologize did any by the way did any of you have a chance to read our letters yes because we're very thorough and with details argument i will now just for those who haven't had a chance to read them i will summarize our strong opposition in seven points right number one the report makes clear that this request would allow a significant increase in development intensity at the edge of a residential neighborhood the current zoning allows development at 35 feet the proposed zoning allows up to 54 feet and in practice you know that that could be 60 feet if you add the appurtenances and the parapets quite a difference from the 35 foot across the street it would also bring greater density and overall mass to report further acknowledges that this increased intensity will create greater impacts on adjacent properties and residents number three the comprehensive plan is critical to your decision policy ndc 1.1.3 calls for appropriate transitions between land uses often referred to as buffering so that like faces like this parcel sits at the edge of the central business district and is currently and currently functions as part of that transition rezoning it to cbd removes that transition or the buffering that is required and places higher intensity development directly adjacent to residential uses policy ndc 2.7.5 discourages converting residential land to more intensive uses unless it is part of an adopted redevelopment plan this parcel is not within such a redevelopment plan item number five traffic impacts are very significant which represents a fundamental change in activity and intensity in this location number six the report also clarifies the potential applicability of the live local act this is important because it means that if approved the site could ultimately be developed at even greater density and intensity with more limited public review so finally this is not just about one parcel this is a policy decision about land use compatibility at the edge of a residential neighborhood approving this request would set a precedent and shift that boundary further into palm trail over time by randomly removing one residential parcel at the time delray beach will lose many of its established residential neighborhoods and our village will be gone forever this proposal does not benefit the community and its surroundings it's simply a private commercially motivated request that shifts the burden onto surrounding residents for all these reasons policy inconsistency loss of neighborhood protection excessive scale and intensity and long-term precedent we respectfully urge you to deny this application i mean what you heard before from mr costello was it was a very thorough explanation about what's it what is allowed in the cbd but this is not the cbd there shouldn't be a cbd and we hope you'll you'll take our concerns into consideration and deny the request thank you very much for your attention thank you sir uh is anyone else coming just forward to speak i'm sorry yes good evening cynthia lloyd uh 219 uh 239 northeast 7th avenue and um i just want to for the record uh uh acknowledge i'm on the spraw board and i actually have a background in planning and zoning so i really appreciate what you're faced with and uh understand i just wanted to say one thing that kind of challenged me and that is it seems like maybe you haven't all had a chance to really look at anything from the residents but what i did hear is that you did in fact have a chance to speak with the development person so i i just want to say that that's very challenging as a resident so forget anything else it's just something that i think maybe you'd want to consider that when we're looking at these critical pieces we came to delray to live in a village by the sea my husband and i moved here from st louis and we purposely chose a neighborhood so when that when we made that pact to be in a neighborhood in a village we didn't expect that somebody would have a relationship with the developer both in staff and obviously that there's been some outreach to have discussions there so i just wanted to just put that that out there that we would very much appreciate people in our neighborhood if you would get to know us because we really invest in this community and we believe in economic development it's incredibly important but it is also really important that even staff knows us by first name so thank you so much thank you is there anyone else he's been sworn in yes we're brothers um my name is michael lauren and this is my brother patrick um as we're coming to june of 2026 uh personal or business personal yeah either one 745 north e6 avenue delray peach okay thank you okay as we're coming to june of 2026 the lauren family will be celebrating 126 years as residents of palm beach county my grandmother my father were natives of lake worth and all five lauren family members have called delray beach our home i'm 70 my brother is 66 65 baby number five at bethesda i had to go to west palm there were no hospitals back then in this area so with that said as times have changed in delray so must we from the 1947 delray hurricane that sent four feet of water into the delray beach cemetery my father along with farmers reburied those casket as a funeral director also up until 1969 there was no ambulance company or excuse me there was no fire medics the lawrence were the ambulance service of delray beach along with hospital beds and oxygen so again we are a part we are delray so when people say you know i've just got here we've been here okay so with that said also i'd like people to remember also of the terrible 60s that we had here in delray when my father along with the great late uh zach strawn stood up and against all the civil problems that we had in delray and they stood together and tried to get things taken care of in the city so all we're just saying is that we've been here forever we want opportunities for our children to be able to do things that they want to do when we pass this property down to them and we don't want to have incumbenances and restrictions upon them you know i can use i can use the facility i can use that property right now to put my crematory on there but i have not done that because it is backing up to residential areas but as grandfathered in we could do that so do we want to put the crematory there well we may have to because everything is changing in delray beach okay so with that said that's just basically we want to come up and show a face i have never ever my 70 years ever had to speak to you all about anything we've always just everything was there everything was in place and everything we've taken care of everything ourselves we've never had to come to you but we're just asking you to consider this we're not planning to put a anything on there as of right now we just want to have availabilities for our children the next generations we have many generations that live here in delray thank you all very much thank you both of you good evening my name is john glenn i'm a 901 george bush bullard delray beach well we're here to discuss an area that really to discuss an area that really hasn't gotten any of the development of the other areas in delray beach i mean if we go back to the early late 80s early 90s when the commissions and the city government at the time decided to redo atlantic avenue you got to admit that was one of the most monumental uh things that the city has ever done and look what it's done for downtown look what it's done for pineapple grove the north and south federal highways there's a lot that can be said all the commissions and the governments made some sound decisions now we're looking at a boulevard on uh george bush that hasn't in this area where they're the funeral home is there hasn't been a new building there in 40 years and now you got a new bridge coming you got a chance to make a little gateway for this north bridge area and make uh some development possibilities happen because it hasn't and it's been stagnant and uh i think it's time that this area gets some attention because i've owned two houses on northeast eighth avenue i've owned lots on george bush i still own where the corcoran building is and we've been trying to step up the avenue because they did repave it and everything and that came out great now you're going to have a new bridge just a bridge study going on for the next three years this is time that this area can come up to the standards of the others that you know the consortiums like your own have made the right decisions and look what it's done you've got destination one for a lot of areas north and south there and this can help everyone that comes from the north the south and make that a nice thoroughfare and the one thing of a new structure helps start off this uh look where everything starts looking up to date i i grew up in this area i grew up at st vincent's i could tell you when every one of those homes those buildings were built you know so it's time uh i think the last structure is probably the plaza where mary ants that's 1981 so i hope you do let this go forward because it would really help the north end thank you thank you is there anyone else seeing no one public comments closed um applicant or any rebuttal any cross-examination uh no cross-examination just some responses to some comments um with regard to the height um and and i understand that that seems to be a concern um the regulations allow a maximum of 54 feet now whether or not somebody agrees of a parapet or that is not a 60 foot height that allows to project above the building the buildings measured 54 feet to the roof deck but to con to address concerns there could be um an alternate that could be provided with regard to for instance to the south the cf allows a maximum of 48 feet the gc allows 48 feet there have been some situations uh on the redevelopment on south on the rezonings on south federal highway east of federal where they limited it the height of 48 feet still four floors but it's 48 feet and you still got to deal with the other development standards that are required of the cbd this does not create understanding the the analysis on the on the traffic this does not create negative impacts on the area with this grid system all those properties if you do an analysis you have a number that that that that's high but the reality is is with these these this property it's a half an acre and the constraints it's it's limited in its development potential uh with regard to uh this the cbd actually provides the desired transition because there is no transition between the the abutting cbd in this particular property so while it's saying it's a transition to the residential area well this is a commercial property zoned rm and there's no transition to this property that could that would get that proper investment for what they want to see as a just a low scale residential um the the live local act has been mentioned it seems like that's like the sky is falling they do all due respect to everybody but there's one local live local development in delray beach and that's on because it's on a hard drive site next to 95 where it's with acres a lot larger than anything if you've all looked at the the numbers and how did they develop a set and you're dealing with 40 workforce housing on a half an acre lot and you're you're you're the numbers aren't going to work for you when you have to try to read about so when you're dealing with these smaller parcels that's not where where you're going to get the live local and i haven't seen it yet i haven't and i haven't seen it in some other areas so understanding 40 units to the acre it would be very hard pressed now keep in mind at the at the hampton apartments it's at 82 units to the acre 19 units on 0.23 acres so that's what you have in the adjacent neighborhood um this is not a precedent and and the attorneys and the planners will tell you these are every instance is identified as its own situation i already identified to you that this is not the same as south of sixth street where you've seen the redevelopment of those lots you've seen new duplexes new single-family homes south of sixth street you haven't seen that type of investment in this particular area so the benefit is the community benefit and the fact that it would also result in a well-planned development so for those reasons now there i could offer one other item and i did discuss this was my client in another situation in osceola when we changed the zoning from rm the cbd there was a provision where let's say seventh avenue is considered a primary street so right now you can develop that and have multiple driveways coming out on the seventh avenue and so if it's this indicated designated a primary street the buildings front it it creates that streetscape pedestrian friendly connected uh pedestrian environment and and you don't get the back of house facing facing a residential area or or you have in these like i said multiple driveways or or dumpsters loading in that area so that could be an option to mitigate any potential issues you know limited height to 48 feet or providing the primary making seventh avenue a primary street just adjacent to this property and because we would appreciate the opportunity to move forward and not have the rezoning denied at the at the pnz level um we feel this is a transition area and and there's circumstances that are particular to this area that that weren't weren't the result and that's that's my i'd appreciate your time and consideration thank you and mrs dasray or miss pinkston do you have any we do have a few comments so first of all it was brought up that crematoriums would be allowed on the subject property but rm zoning does not allow that as a use so i would have to understand further why that was being presented as something that they could do on the property and then um secondarily i think it would be highly unlikely that we would uh designate this as a primary street because when you look at the cbd regulating plan their primary street designation stops at i think it's fourth there so to just have a primary street designation disconnected from any other primary streets would not be something that we would likely pursue and then secondly or thirdly just to refer to i think uh where the comp plan anticipates transitions between zoning districts so the comp plan anticipates and promotes and requires the idea of transition at the back of properties with the idea that at the rear that's less of an intrusive transition than if you have a 54 foot building facing a 45 so that um currently the zoning on the property would allow for meeting that requirement so just to clarify that point and nothing else could you say that last part again okay i'm sure i understood it so the comprehensive plan so in this policy provide transition between land use designations at the rear of property or at major corridors so um i think the question would be does the board consider seventh avenue a major corridor and i think based on everything in our comprehensive plan it wouldn't be considered a major corridor from that but then the transition between different land uses is anticipated to take place at the rear of the property so as you can see here um the subject property has a transition where the rear of the development would be facing cbd so back of house on cbd facing back of house on the residential and so that's where the comp plan anticipates rather than across streets with the different heights facing each other okay mr costella you just wanted to clarify so so so the loren and sons funeral home is zone central business district so that particular property they they could process through through the city accrematorium because zone cbd so what that's the whole point of this proposal is that loren and sons own the property where the existing funeral home and parking is here that zone cbd this is their parking lot that they've owned that is zoned rm they could go it doesn't relate to the arm this crematorium relates to the cbd so it's allowed they could process that so that would have to go through the appropriate process if that's their desire but i just wanted to clarify that it's not the rm for the it's the cbd that is currently zoned that could allow that use okay so the particular parcel we're talking about does not allow it uh not not currently but unless it's rezoned to that yeah that's what if it was rezoned cbd then i they couldn't build a crematory then the crematory would mostly go in the existing funeral home i'm saying they could put it where the parking lot is that would have to go through if we if we rezoned it okay it's an allowable use right so if you deny it i i i highly unlike you you would see a standalone crematorium i know but but you know i mean let's let's be realistic the sky's not falling so um and then with regard to the transition we're talking about a 200 foot section between between commercial properties that's thank you thanks cheers no no no more public comment okay i mean i'm sorry but public comments closed sorry just just note that it closed the residents so it would not be a major concern yeah okay mr i'll start uh first of all um i just want to address one comment the residents that you know we don't we didn't take the time i will tell you i received two mmos mr indedou um i read it all um gave him actually probably more time because it was more extensive um than the five minutes i had on on a phone call with mr costello um so and if you called me i'd answer just like mr costello answered so um our you know where i think any of us are willing to meet with matter of fact we had another project where opposing side not the applicant wanted to meet we met with them as well um so i think we're all open to hearing and reading what the residents have to say just as much as the developers um have to say so i just i didn't quite understand where that was kind of coming from um especially this meeting with only really one major item we we had lots of time to be able to to read all of it and and do do some research on it um my concern is this cbd and i and i feel for the lauren family on this and i get that what they want to do you know leave a legacy for your families kind of you know this could hinder that legacy but i do think whenever they bought the land a million years ago they knew what it was zoned for me to remove something from and i've been very advocate vocal of the opposite problem recently of us zoning residential sorry commercial and doing residential losing that tax base right but medium residential i think number one most likely would be a rental type units or condos that we probably would still maintain the taxes but with not just the live local act but the height and density that people these days and again if it's zoned there's no promise that your kids family they're going to keep it in their name you know there's a potential a buyer will come in and say okay now that this has the capacity to go to 54 feet and parapet or not parapet um and what i have to think about most recently we had a project that we had to not had to approve but was approved um on fourth and federal very similar size lot maybe even a smaller lot where they stuffed 90 pounds of sand into the you know we approved that that that lot where it just got stuffed and it was like well we have to approve it because it's cbd and they're a lot you know they're allowed to go to and i asked the question yeah just because the cbd do they have to go to 40 feet right do they have to they don't but we know from practice now we have proof in model that if we allow it if we allow 48 inches they want 50 inches um so they're not going to give that up so i just i um at first i really you know looking at it it may like okay it's commercial maybe it would be combined but once i started to really really look at the neighborhood to the east of it is residential and i think that this should be some type of small residential transitional what it was designed to be um it should stay that way so i'm just not inclined to change it's not enough there if it was part of a bigger project like you brought up the one of the findings it has to be part of a redevelopment plan that makes sense it's not so i just don't see enough here meat to change that zoning that's it mr pitt yeah yeah i echo his comments about us only speaking with developers we'll speak to anybody or applicants for developers um and like like i did spend more time reading jack's stuff and trying to back check it through the report um and then when that that fake that phony not the phony but the botched report got out and i was trying to back check it that didn't check it so we've got a little confusing um but i i would like to say that you know i appreciate what the what the warren family has done for delaware beach it's it's um it's quite a legacy um and so we're all we're all grateful for that um and it's this is a this is a difficult decision because um you know we're talking about compatibility between zoning and it's between a cbd and it's between an r and it's and the rm is next to um to residential so what's the compatibility is it compatibility with the residential or is it compatibility with the cbd um uh and and and i've waited i think the a couple things have um uh have influenced me the most one one was the the increased traffic um ice that they are that the cbd would would bring um you know i don't know if you if you happen to drive by george bush when um st vincent is getting out the traffic backed up to federal and beyond that and then you throw in the bridge closing and the bridge opening um i you know i don't know because i'm i'm we don't we don't get to see what's gonna what could possibly end up there um but if it the the bigger the more intense zoning i think the more traffic would be flooding down southward through the more residential parts of southeast 7th because they've got to escape george bush so they'd be running down to the fourth street light um and um the the only the other thing is you know the the cop cop code which talks about like like facing like um i think that and the traffic are uh have me persuaded that that the zoning should remain the same um on that on that parcel that's it i think yeah that's it excuse me sure um i'm really sensitive to the history of this neighborhood in this area and what is going on there it's amazing how long that you know that that was such a core of the heart and the beginning of the city um and and i'm sensitive to how that's developed going forward but i do believe some revitalization of that area would be helpful and beneficial um and however that's done i think what's what has been most complicating for me is the fact that we're talking about a single parcel so we seem to go back and forth between this one parcel and then it combined with the existing um funeral home parcel i know they're owned by both and so which is the front of this and which is the back and so for me seventh avenue is the front right right so the the like meets like in the rear is is complicating to me um so um i think it's we're having like not meet like in the front um if this were to go through if that makes sense am i thinking of this right i'm going to look to staff to correct me if i'm wrong but so so anyways as a single parcel i look to see what can be developed there and um um i've worked as a planner for many years as doing transportation and so i can tell you that the 3 000 trips is not feasible realistically i mean there is an issue of being having to look at the max intensity uh but with the easements and um right of way dedication required i think i think that's an issue um i do like the idea of having if as if this parcel is is developed independently which it can be can be developed as its own now or in the future then um is your mic on okay i'll lean in i'll lean in so we share she needs to take minutes um so um the um i i do like that concept presented to move the access from on seventh avenue a lot to kind of help alleviate some of that and i also am um um like the idea of a height restriction but i was thinking more on the order of the rm height restriction of 35 feet so that it would match what's with the residential around it instead of the commercial that is around it with which this won't sell so i i'm leaning towards it with with a height restriction all right thank you mr sean just a question um i noticed in the uh staff report you all indicated in uh 2006 the uh everything within that block was rezoned cbd except for this particular lot but it didn't tell why so the staff have an answer for that why this particular lot remained rm as opposed to uh cbd just a second sure let's see so 74 that was the abandonment prior to 90 and you said what year 2006 because it wasn't part of your presentation but it was in the uh the backup documents here i believe it was because when cbd was applied it was only applied to anything zoned gc at the time and so since this was rm at the time that other parcels were rezoned to cbd they didn't it was sort of considered almost a like to like zoning except with the added density and design controls so at that time the cbd was only applied to the gc not any residential parcels okay and this was its own gc at the time that's what you're saying okay i get that okay it was an intentional decision at that time i think okay so then i guess what i'm stuck with this this um this policy 2.7.5 because again we're we're bound by the ldrs and what the regulations say so my question is and i didn't hear it maybe somebody can uh enlighten me on it but we're to deny any request to change from residential use to a zoning designation to designations other than community facilities or open space what is it uh unless the proposed changes implement an adopted neighborhood or redevelopment plan do we have that no so there's not uh an adopted or proposed neighborhood or redevelopment plan there now is is that is that what jeff was talking about when he said the uh staff kind of looks down upon the site plan when you you present both at the same time well he's saying that because this is a rezoning and land use map amendment there should not be a site plan permit submitted okay because that's just the so whatever they're going to actually do we'll have to come back through depending on what they're doing the appropriate process i can answer some of that too because with the rezoning you really should be and you have been looking at the most intense use possible right so if an applicant comes in and says i'm going to build something that's only 24 feet tall and it's only going to have this minimal traffic and then that get that designation gets changed because the board's relied upon those representations that does not need to be built or does not have to be built and if the property is sold you know those plans can change so we don't want the board to see a proposal that is not reflective of what the total zoning change could result in but that has nothing to do with this uh 2.7.5 requirement no no so i mean the parcel is adjacent to a redevelopment plan area but not in it so i think it would be a stretch to try to apply it because it's certainly not in it and but i think we included discussion of the north federal plan just because i think it's likely intentional from reading the plan that this wasn't included for a reason i think it talked a lot about maintaining residential character and then um it talked about in the future considering increasing the depth of commercial parcels but it didn't actually say for this property so yeah we're talking about the maximum use that's what we get into the whole 3 100 trips daily right that's maximum but jeff you were saying that the way that this parcel is situated that couldn't reach the maximum is that what you were saying no planners and and you cannot get that that that number of trips you just can't so then so then i like the height requirement i mean if we're going to move forward i like the condition of the height requirement i don't know if that seems well for you all but to me that seems to kind of keep it consistent in my opinion can you say we support a change to cbd but the height can't exceed 35 feet i think the motion would likely be to adopt a limited height area onto the regulating plan so for example we have that in certain areas of the south pairs district we even have it along atlantic avenue so anything like that so i i think it would be to designate this as a limited height area on the regulating plan i think it would be spot zoning then that's yeah that was like atlantic avenue was an entire yeah if we look at section 2.45 which is land use actions and b which is change of zoning district designations subsection 5 is called conditions so a rezoning may be conditioned in such a way to limit the intensity of development when such a limitation is necessary in order to provide for concurrency or to mitigate against the violation of an adopted level of service standard so the board found that for concurrency to be met there needed to be a restriction on the height i do think that that would be a limitation of the intensity of development on this rezoned parcel okay that's what i'm thinking yeah okay so that's a long way to say yes yes yeah that's a long way to say yes it's a legal way to say yes okay that's a good way of doing that so what do you think you're done yeah thank you you're up listen i i i love delray beach i also love uh i love property owners and property rights and i also love neighborhoods so i'm in love with everything in this city i i love northbound federal highway i'm madly in love with george bush boulevard and by the way i hope that bridge never gets redeveloped we're fighting to keep it to it's designated historic which seems to have been overlooked a little bit right so so that bridge hopefully doesn't turn into something that's long and three years in the making and eight years under construction but um and i mean all these things since sincerely i i uh i've got a simple question has any other parcel within 1500 feet of this area been rezoned in the past 10 years okay off the top of your head i'm not trying to i mean that that has that has even the remote a remote uh similarity to what we're trying to weigh tonight so so we've heard some compelling you know talk about you know the development along george bush boulevard and and and and how it maybe hasn't progressed up to the speed that maybe other avenues have uh i think this this whole area is going to explode and and rather quickly uh but i you know i think the neighborhood is is is is is is is correct in trying to protect their periphery and and a transition is the transition you know and like meeting like means that and our comprehend our comp plan says that if it doesn't meet these two criteria if it's if you're not going to convert it to a community facilities or open area uh a lesser intense use you know you you you've got to ask other questions and i think all those questions have been asked and i i think the compelling evidence in our staff is stating it is that i mean there's more reason to deny the request than to support it um i think it would have been very interesting had we seen it if you did you don't want to come in with a site plan a hypothetical developed site plan but it could have been kind of interesting to to have come in with a 3d modeling comparison of what the existing allows versus what the new might allow it's just a simple 3d modeling stick frame type of thing and and i you know the height is a major deal the setbacks are a major deal uh the uh uh and you know the transition between a a a basic neighborhood and a major corridor along federal highways is is is would be severely compromised i think if this if this were rezone um so i i appreciate everything else that everybody else has said on the board and i i don't feel any different than you guys do i don't i i believe okay thank you but i you know if there if there were another rezoning uh situation that that occurred recently that that we could hang our hat on maybe that might be you know that might be an interesting thing to consider well and i would just clarify that stance because each application does stand on its own and even if another parcel had been rezoned it may have been surrounded by different zoning it could be a different size it could have had you know different uses in place so even if miss dossery was able to highlight a particular parcel i would still advise the board you can listen to that but it shouldn't be really part of the analysis agreed okay well i'll say i'll tell you how i look at this if you look at that picture up there of the zoning just because it's easy to use that because it's up there if you if you take that cf little section and change it to tan which it is on the land use map on the land use map that cf that blue cf on the little piece is tan so that whole prop that whole section is one continuous uh medium density land use and for some reason one lot got changed from rm to cf i don't know why because it's a parking lot for a car dealer um but that that parcel we're talking about is not a something stuck in to a cbd it's part of a residential planned area of residential zoning see on the land use it's all the same color and if you look at that there's an out there's a definite outline that goes around that so that isn't an odd piece that it's specifically not included in the north federal plan and having said so it it looks good where it is to me is what i'm saying and i have to say things that we were told we have to consider is there a change of circumstance that requires a new land use in a new zone i don't see any change of circumstance is this appropriate for the property no it's appropriate i think the way it is and but the bottom line is what mr strong said under ndc 2.7.5 you can't rezone it from residential unless it's part of a plan neighborhood plan uh implementation plan or i'm getting the words wrong but but it isn't part of any plan so under ndc 2.7.5 we shouldn't be changing it from residential and in case nobody guessed i don't will not support the change can i make a motion yeah somebody else has something to say one quick question just um approving the zoning change with a condition on the height the applicant would inherit would inherit all the setbacks which are more severe in cbd than they are and they're it would be they're greater yeah subject to everything in cbd except for height and i can go cbd setbacks are not more restrictive the setbacks are more related in residential okay okay i'm sorry by a lot 25 to 30 feet i had 10 feet well i got it backwards i'm sorry can i make a motion are we ready for a motion does anyone else have a comment yes we're ready for like to move denial of ordinance number 28-26 a privately initiated request to rezone the property located northwest corner of northeast 7th street and northwest 7th avenue for medium density rm to central business district with associated amendment to the land development regulations ldr figure 4.413 b-1 central corn beach sub district regulating plan to add the subreg property finding that the amendment approval thereof is not consistent with the comprehensive plan and does not meet the applicable criteria set forth in land development regulations is there a second second okay we have a motion by mr kath just quickly to clarify uh the motion is one to recommend so this is not um what you have here for me to read but it's to recommend it says move denials what it says yes i think you just read the rezoning one before the land use oh there's one oh there's two options i went all the way to the bottom yeah so if you do you want me to make my redo my motion wait i'm approve a recommendation of denial of an ordinance number 27-26 a privately initiated request to amend the land use map from medium density to commercial core for the property located at northwest corner of northeast 7th street and northwest 7th avenue finding the amendment and approval thereof is not consistent with the comprehensive plan it does not meet the applicable criteria set forth in land development regulations second okay we have the motion by mr kath second my mr copan before we call the roll we'll just note that yes is to deny deny that right the most the recommendation right we're not going to recommend approval to the commission well but when you vote on the motion yeah you vote yes you vote yes you're running to deny okay miss milton who made the second was it price or was it uh mr crow okay i didn't no no i didn't check that mr patten did my sorry mr patten okay and would you read the roll please roger coke uh yes mitch katz yes didger strong yes jim chart is absent price patten yes karen kisslessly kiss i'll get it yes no gregory snyder yes so that's uh one two three four five to one now do i have to do the rezoning also then yeah okay can i say what i just said before or i have to say it again you can read it again i'd appreciate it all right i'll do it i need to practice move denial of ordinance number 25 28-26 privately initiated request to rezone the property located northwest corner of northwest 7th street and north west north east 7th avenue from medium density residential rm to central business check cbd with an associated amendment to land development regulations ldr figure 4.413-b1 central core and beach sub-district regulating plan to add the subject property finding the amendment approval thereof is not consistent with the comprehensive plan and does not meet the applicable criteria set forth in the land development regulations do we have a second i'll second it okay this time it's motioned by mr katz seconded by mr cope and again miss miller would you call the roll roger cope yes mitch katz yes did you strong yes jim chart is absent price patent yes karen keselsee greg snyder yes again five to one well sorry guys i am sorry i also want to add something i meant to say earlier is one thing i don't understand with the city like mr lauren mentioned about the history of his family how the they were the ambulance right they were you know they had hospital beds like why aren't funeral homes why are they in cbd and not in cf to me that they are community facility i mean it it's somewhere people go i get it's a business but you know so is a church but um i don't know but i would suspect that it may go back to being allowed in cbd because of existing funeral homes so they may have just been added i don't know i mean it's something that every city needs you need a cemetery you need a printed room you need you know church you need synagogue you need it all and it just to me it should be somehow part of the fabric of the community forever because people aren't going to stop dying i mean you might live a little longer but they're dying it's going to have it again sorry but uh we don't it is it is what it is yeah it just yeah and thanks for your and thanks for your service yes all right and staff comments just the next meeting is may 18th and the one after that is june 15th okay board attorney comments nothing for me chair thank you yes board comments we'll start at this end can you have anything i can't think of anything right now for the board i had a quick one the um and i asked this back in september and totally forgot about it the amount of money in the tree fund yes there is currently seventy seven thousand dollars in the tree fund i don't know if anything is committed to other projects yet but that was the balance as of today 77 000 thank you very much that's a good number you have a comment i do um so i wanted i after the last meeting we voted on um we voted twice actually on an item for the 24-hour emergency room and a lot of i changed my vote to yes because my colleagues we were given a letter that day from the chief that incinuated the chief said this was a good thing and we matter of fact comments from my colleagues where you know we can't go against what the chief says things like that um that he was very much in favor of it um i was forwarded an email from the the mayor so i want to me if i have something i think everybody else on the board should have it so i asked that it be sent to you um the attorney said she'd prefer me to to print it out and hand it to you so you get it the same way but anyway rather than an email but basically mr martin is it's the second page is the third and fourth pages is the letter that we got that night right so there's no change there um but basically the email clearly i want to read the third paragraph which is the email clearly answers the questions of the impacts but it says that services to any answer questions concerning the operations of the facility um basically he's saying that he's not his letter to us at least to me was interpreted that he was endorsing the project oh okay and to me what he's clarifying is he does he's not endorsing it he's just saying operational they will they'll make it work for them so my only question is um to the board is if if the board is inclined to reconsider and rehear this with having the chief be able to answer our questions i'd like to hear this again if the board is not inclined to reconsider i'm okay with that as well but i felt that the board should have that option to reconsider knowing that more information than we knew that night because we kind of got thrown that letter at the last minute without even knowing about it was on our desk and group i thought i spoke to the chief before and he said basically what's in the letter and we had deputy chief franco talk to us and i did not get it as an endorsement i got it as a this is what it means to us right it's a set of facts as it says here i mean i'm open if the board wants to reconsider and i'm open to that but i didn't take it the way you took it yeah i'm not i i agree with you i didn't see it as an endorsement either i just looked at it for the factual statements that were made in it i didn't think it was an endorsement at all then that's it that's all i have okay and i will not be here june 15th you said this is a meeting yes i will not be here oh i'll be flying home from europe okay all right and i i have nothing and at this point meeting is adjourned may 18th june 15. hey thanks for coming in okay i just wanted to quit too well it's not really a back and forth thing when people ask