Planning and Zoning Board - Regular Meeting

Good evening. The April 2026 meeting of the Delray Beach Planning and Dining Board is now called to order. At this point, miss Miller, would you please call the roll?

Roger Coke?

Here.

Mitch Katz? Here. Deja Strom? Here. Jim George Zapsin? Price Patton?

Here.

Karen Kasilevski?

Here.

Snyder?

Here. Thank you. Yep. Do we have any changes to the agenda?

Move changes from staff.

I'd like to remove election of officers since there's no need for

Oh, yeah. Let's do that. I'm not

sure that it so I know miss Miller 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, think that we elected Mr. Char as the second vice chair when we elected all the officers and I

don't was

that chair? Can elect him again if

you No. That's alright. I was 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

for mister Katz, seconded by mister Cope. All in favor.

All in favor?

Aye. Aye. All opposed? That motion passes.

Make a motion to approve the January.

We gotta do the selected member to the Affordable Housing

Advisory skipped

over that. Sorry, was right. I'm jumping too hard.

Can enlighten you So on 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, is used to determine how funds from SHIP are used within the city. So 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 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. Then dates tend to fluctuate throughout the year, but no more than three meetings a year.

Alright. Do we have any volunteers? I would do that. Mitch? Okay.

Unless you want it. Gotcha.

Unless somebody else

I'm happy to nominate Mitch Katz for that position.

Do we need a second for nominations?

I don't know.

We're all second.

There's a second.

Okay. We have a a nomination for Mitch Katz for the affordable housing advisory committee. All in favor? Aye. All opposed? Mitch, you didn't vote no.

We'll see if I get reappointed to this board in the summer. Yeah.

Okay. At this point, anyone who's gonna wish to speak in the meeting tonight needs to be sworn in. So if you would, stand and miss Miller will swear to

Chair, we actually didn't have the motion and second for the minutes.

Oh, yeah. Oh, sorry. Yeah.

Because Yeah. Well, now I got fast and we forgot to Let's yeah. Motion to approve January.

Second.

Motion by mister Katz, second by mister Strawn. All in favor?

Aye.

Opposed? 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 vested in the notary of the state of Florida. Do you swear or affirm the testimony you're about to give is the truth, the whole truth, and nothing but the truth?

I do. Yes.

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 name and

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. It's also going behind well, anyway, there are two homes behind my house and Albert Richwagen'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 grave, that will back the water up even more. So I I I feel that it's obvious that our neighborhood, Del Ida Park, which was designed seventy plus years ago to be larger lots and small homes has to be looked at in terms of zoning changes.

We're putting the the homes are too big. The green space is too small. The stormwater pit for the road roof runoff, 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 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 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.

Your 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. Thank you. I don't know how we address that. But Can I just comment briefly?

I believe under our laws that you have to have an engineer proving that you're not releasing any water off your property on your other properties. So that's that's an issue you should take up with the city manager's office or the city commission.

I've been to the city so many times. I've I've

been through

three engineers in the eleven 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 it's there's certainly a record of me trying to do this. But 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 than going on any

other 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. Right. And now they raise them up. The builder puts three feet up top on top of it.

Yeah. Okay. So

Yeah. I think what mister Pibb'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 send releasing water onto your property.

You mean the new construction?

Yes.

But I can tell you that I can tell you that they're not taking on the water that normally crowns and goes on to their lives. They're not only do they have to they should have to prove that they are part of the stormwater design of the neighborhood. Yeah. Okay.

Thank you. Anything else? Okay. Is there any other public comment not on the agenda? Please. First time in three years.

Hi. Hi. Can you hear me? Yeah. 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? Yeah. Okay. Great.

Brooks Lane?

It's this. Oh, it's part of the 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 talk about that.

I was like, did I miss something?

No. Okay, if there's no one else, that public comment's closed, then we'll move on to nine a, which is the city's infrastructure improvement hearing. Ms. Dossrain.

Good evening, board members. So this evening, 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 23, 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 agenda 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 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 some of these comments, and we have Ms.

Boussan 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 Ms. Boussaint here to answer your questions.

Great, thank you. Alright, at this time, anyone who wishes to speak about the capital improvement plan? Please. And name and address for the record.

Karen Peterson, 1001 Brooks Lane. So I'm here on behalf of all the Brooks Lane residents, and thank you for your time tonight. 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 yearlong residents, and we care about the neighborhood, and we wanna 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 stormwater management plan, considered in next year's capital improvement plan, and we wanna stay involved in the process. We wanna 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 wanna 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. I read that I don't know. I'll I'll just say something about this if that's alright. I I read this. Like, I went down all the little streets like Brook Lane. And my before I get to the city's response, is Brooks Lane different from Lewis Cove and White Drive and Rhodes Villa in Delhaven?

Yes. Flooding.

So they don't flood?

They don't flood as much as we do. They don't flood where it's impassable. Okay. Like, city comes and puts signs and says does not you cannot go down the

street. Okay.

Cheer if you need answers from the public, if they don't come to the podium when you talk, just so that everything's captured, please.

Yeah. That's good. But I think I think it's too late. Okay. Well, at that point, I don't know who wants us to do board discussion. Roger.

What what what can you summarize what just what what what her response meant? Like Yeah. Yeah. You had got all these streets that are over in that neighborhood. And

Right. They're all the little They're streets that run

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. So so is Brooks Lane lower in some way than the others? Or I or

That's a great question.

Is it flooding more than the others, or are the other streets just not complaining about the flooding that is happening on there? Flood.

They're not they're not flooding as much as Brooks Lane. Like I said, the city comes out and had 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 walked through there. So

I do know that I do know that somebody, I think it was Delhaven, we had friends that lived down there and but they flooded in they were at the end and the 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.

Yeah. Please.

Yes. I'd be happy to provide a little insight. We have met with with miss Peterson and and the neighbors on several occasions. Those oh, Cynthia Busan, assistant director of public works. Thank you for having me here tonight.

Thanks for being here.

Yes. Happy to do it. So we have met with miss Peterson and her neighbors. It's all of the 5 Finger Streets, are Delhaven, Rhodes Villa, White Drive, Brooks Lane

Lewis Cove.

And Lewis Cove. Thank you. All have varying degrees of standing water following 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 storm water system. We are in the process of embarking on a new storm water master plan, and that will identify all of the 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 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's big that we Yeah.

That's a big one.

Right. So that one 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 Ms. 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 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. And then we know that part of stormwater protection is also sea wall elevations. We we spoke to you a little bit about that. If not everybody on the street has their seawalls over a certain elevation, then the water comes over that way during king tide.

And we believe they do now. But yeah. Great. Could they fix that?

So all of that will be considered for the upcoming

What's the time frame on the stormwater master plan?

So right now, we are in scope development with the consultant. So I would say in the next six months.

We'll have a plan in six months? Or

It depends 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.

Right. So until we have a stormwater master plan that identifies the projects that we need, we we don't really add projects into the stone into the Capital. Budget. Yeah. Until and 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. Alright. 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 I mentioned Marine Way. Project's we started that when I was on the city commission ten 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 ten years to get this To

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 the we have no control. It's the elected officials that make the decisions of the city and the CIP. Approve They the CIP plan. We don't. Right? So those you need to hold your elected officials' feet to the fire to put pressure on the city to get things done.

But Marine Marine Way had a lot of extenuating circumstances.

But it's but definitely it I mean, she's mentioned it when Missy's been here. Like, it's that was a project when she started with the city, and it's still

Oh, sure.

Not done. Missy.

Yeah. Yeah. Sure.

So we have public works, planning and zoning, city managers

Managers. City City Engineer. Engineers. Right. Right. City City Commission. Commission.

With that Most important is the top of that chart.

The city City Commission.

Yeah. Okay. 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 a commissioner?

Yeah, this won't be there

tomorrow. Okay.

No idea?

Yeah, so

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 commissions. 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 projects and expenditures.

Okay. And 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 the is it Cloud9 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 aisles. So I'm, you know, I'm looking in other avenues too in order to be able to work through this. So we like we said, we wanna work together. You know?

So Have sent this to all the commissioners?

Yes. And Okay. With all the all the signatures of everyone on the street, all the residents. Mhmm. So just stay on top of it. That's all your that's okay.

Mister chair You

cannot let up.

Well, this actually goes to some of my questions to staff, if I may. Please. Not yet, please. Okay. Yes, please. Okay. I'm 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, Ms. McGinn talked about that in some of those areas as well.

So to have that in place and update would 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. The other question I had though is how is status given back? I mean a lot of that, this item and many of the items listed on the proposed or the input received from public have, were working with the public or it's in, you know, we'll look into it kind of things. Is there, like, a quarterly update to I'm I'm new to this, so I'm asking you.

But I am too. Thank you.

Great question. They're looking into it. That's what we did.

But I would like I mean, wouldn't it be helpful to have a quarterly status? I mean, they talked, to this they talked in December, it's four months later. Has anything more happened since then? I mean, or does it just take that long? 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. Right. Right. 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 Ms. Peterson and her neighbors this specific issue. 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 and provided them with what does this mean and what are the types of projects that will be coming forward. And as we know, Thomas Street Pump Station and Marine Way, those projects were presented in the last stormwater master plan and are underway right now.

Well Amy, even the simple, the light request, 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 want it still? It's a process question.

Sure. It depends. A lot of the input, I wouldn't say a lot. Some of the input, we're in constant communication, right? We know about the Brooks Lane issue. We're on it. We're watching it. And it will be included in the stormwater master plan. Things that we've identified it, such as street lights being out or missing, are things that we reach out to the homeowner that indicated that that is an issue, and then we work through that with them. Okay. Yeah. That's more managed on an individual basis.

So if you say we're in constant communication, when can we expect communication the next and how will you reach out to us?

So 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 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 Citi'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?

You wanna go? I just have on on the on this item or just general infrastructure?

Are we finished with Brooks Lane?

Brooks Lane, yeah, done.

Thank you very much. Okay. I

don't care. Go ahead, Brooks. Just two things on here. One is whether there's traffic calming in the budget for the Marine Historic District. It was part of the original Edwards development agreement that there'd be traffic calming be provided. And I've heard varying stories that it's no longer in the agreement. The money's gone somewhere else. But I would hope that the money would still be in some pot for that traffic calming when Atlantic Crossing is completed. And then the item about the Chinese banyan tree, that doesn't need to be on this list because by June 1, it's either going to

be moved

or demolished. You don't have to waste your time on that one.

Thank you. Mister Katz.

Sure. I just had questions about Burwick Road, and I know that we're looking at now here on public well, we just had a public information meeting for the North Side. The South Side though, and I I and I know there's been a lot of comments by nonresidents that live off of unincorporated streets there and 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.

When And I got to where the towards the end, the very southern end of Barwick, and there's this, 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 a scooter, there is no way they're getting through there. I mean, I saw that. Was like, there is no way. I literally cannot believe that somebody let this happen. So I just think I mean, there'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 I was mind boggled to see that. And somebody said it on Facebook. I said, that can't be true.

So I went and looked at myself. I'm like, my goodness. It's true.

So I will say that we have different we have conflicting interests. We have ex 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 US Postal Service as well as for ADA requirements.

You're saying a wheelchair could get around that?

Yeah. It meets minimum clear space.

Okay. It's yeah. I I didn't walk it. I just looked, but I'll take your word. That's all I got.

Roger. I wanna 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. Mean, so so Brooks Lane has been Brooks Lane for seventy years as all those streets have been. And and and seventy 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 seventy 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 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, 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 if 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, whether it's been maybe it's been flooding for seventy years, and it's just time to do something about it.

But, the city 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, it's just, you know, it's managing the water on your site is a very important issue. Mean, somebody's Brooks Lane or on 13th Street.

I think it's all over. I mean, you I 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 I mean, it rains every day. Like, today, this is a typical right? Florida. Flash. And and we feel 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 outcome of our success, which is, you know, of this this these beautiful homes, the outcome is now is where does 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 fifty years ago. We never knew what a king tide was or there was no coastal 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 more than I'm burning, I'm not gonna lose weight. Same thing with the water. Okay.

Finish. That's it. Mister Strong. Yes, sir. Miss Keystone. Oh, well then I'll just

I have one final comment.

Go ahead. Interesting analogy.

Is staff gonna prioritize these issues? I mean, like, you know, you've got so much of a pot of money, and then you put a price tag in its issues and you prioritize them, and you keep going down the list until you run out of money. 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. 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 needing to be incorporated into the CIP. So yes, we are working on them all and in one way or another they will be incorporated into future CIPs whether that's like for instance in 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 in future years. So it will not make it into the 2627 budget that we'll be bringing forward in October but potentially in in future years.

But you've you've you've gotta put a price tag on them and you gotta 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, also have a separate 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 an annual basis. We have a pavement restoration plan and so we allocate certain amount of funding every single year to do roads and we try to tackle a wide variety of roads.

We try to tackle some of the ones that aren't so bad to restore them more economically so that they last us longer. Then we pick, of course, roads that are in worse shape and then do those as well. 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 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. Hopefully, this stormwater master plan is advertised well to all the residents. My guess is you've got in Brookside in particular, you have a group of residents who have don't think it's because of 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 in her you're in Lake Ida. Right? My guess is that's not the only street in Lake Ida 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, I think that master plan is gonna 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. Thing. Excellent.

Okay. I just have one question about still about the water storm water. As mister mister Patton 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 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.

So know what what are the putting on steps a person. I just wanna say is our process totally flawed to enforce the rules?

No, think it's a fabulous question. I think Mitch Katz hit the nail on the head when he mentioned that houses are getting larger. Yeah. And the coastal flooding issue has gotten more significant. Sure.

Whether we want to call it climate change or just changing climates, whatever terminologies we want to use, the fact is that there is a change in the amount of rainfall we're getting and the water levels in the intercoastal. And then in addition to that, the city has been highly successful in in getting 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 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 impact the amount of water that that has no place to go.

To 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 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 multi family homes that have parking in the right of way. So there's not the grassy swell 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 wanna 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 this. 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 so? For anybody else.

I don't think you used the word failure. Know, I don't think the building apartment when they're reviewing these rent.

Yeah. I'm maybe too strong.

They're not failing at it. I, you know, I I can't know, the city engineer is goes over these projects with a fine tooth comb. It's tough to get by this guy with with so many

things. Yeah. True.

You know, he overanalyzes if anything and but that's his job. Job. So so Yeah. I I don't think Well,

I don't I like I said, I'm not trying to Right. I I probably, the language is too strong is I'm not trying to put blame on anybody.

So I think if anything, like, as Cynthia is saying, the storm water master plan is gonna be the key to understanding all of this. Maybe they'll find out that 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. 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. 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 storm water 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. Won't be here but that's okay.

Also, I I think between now and the time we actually get the plan in place, when we have these issues that come before us with these new developments like you mentioned, 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, 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 to 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 you may or may not see if they ask for relief you'd see it, if they didn't you wouldn't depending on the threshold. I think 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 regulations come over to make sure there are priorities in there. I mean I looked at the priorities in capital improvements element 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 a higher up in the prioritization going forward.

Those are things to consider

as well. Is there anything else? Yes, mister Goel.

Breaking away from from that. The I see the the line item here that I just have to ask. $10,100,000 cost to reconfigure the design development services department.

What can Yeah. We asked about that last time.

That was get Can some what's that all about? That's a lot of money.

It is a lot of money. At one point, we were considering building a new building. However, 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 gonna go forward with interior renovations of their existing spaces. So the price will likely come down significantly.

This is just this is the physical reorganization of the offices that make up the development services. Exactly. This is not reorganizing the the actual organization, the the that actual department. Oh,

alright. Right.

Okay. Thank you.

If that's it, do we have an action required at this point?

No. No action required. Okay. You will see the 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 comp plan.

Alright, thank you. In that case, we'll move on. Moving on to item 10 a, which is quasi judicial. And I'll read the 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 group of people who are present but agree not to speak. The board members, staff, and the applicant may be allowed to cross examine the 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. 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, miss Dasry, if you would read the item into the record or miss Pinkston, either one.

Thank you. Good evening. Barbara Pinkston for the record. This is file number PZ3882025, a request for a land use map amendment, and PZ389Dash2025, a rezoning request. And the property is located at Northeast 7th Street and Northeast 7th Avenue.

Thank you. And then, is there any ex parte, mister Cope?

The email, from the Palm Trail Neighborhood Association. I think that's it.

Okay. Message from

miss Kuso. I drove by.

So I'm

glad you dropped

me off.

Sorry. Yeah. Drive by email and then I had a conversation with mister Castello.

And I had a I had saw the email and I did visit the site and I had a conversation with mister Castello.

Met with mister spoke to mister Castello and I have the emails as well. Okay.

Mister Castello, the board of yours.

Good evening. Chair, board

Fifteen. Okay.

Sure. Jeff Costello, JC Planning Solutions representing the applicants, the mister Patrick and Michael Lorne. With regard to the project, again, this is at the Northwest corner of Northeast 7th Avenue and Northeast 7th Street. These are some photos of the property. Basically, it's well, there's a more extensive hedging along 7th Avenue.

It's the north end of the property. This is the south from facing from the the auto dealership looking north, and then east along 7th Avenue. And and then this is the west side of the property abutting the auto auto dealer. So what we have here, just for some con context, is the surrounding here, this is owned by the my clients, the funeral home as well as this property. It's one they've owned seventy five years.

This one, over forty. Basically, if you've been using it for parking, commercial use for many years. And as you see on the map, this is at the edge edge of the of this commercial and residential area. There are a lot of auto related uses in this area and then along George Bush as well with some offices, a convenience store, laundromat, auto repair. Here we have some multifamily.

Some of them, the one just across the street, almost at 30 units to the acre. The Hampton Apartments, I'm sure many of you are familiar. Actually, it turns out to be about 83 units to the acre, with the 19 on less than a quarter acre lot. So 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, I think, the Palm Trail neighborhood association line comes right down through here. So, it's again, Northwest Corner Of 7th Street and 7th Avenue. It's a little over a half an acre lot. 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 7th Court back in the seventies. There's utilities in that location. Also, with regard to in any redevelopment, we'll be required to provide a five foot right away dedication on 7th Avenue. This is a nonconforming commercial parking lot.

It has an existing medium density land use map designation that does allow as an incentive program that brought typically five to 12 units to the acre. But as an incentive, you can get up to 18 units to the acre. So, technically, you could get a total of 10 units with the proposed 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 with regard to these properties as you do and and the intent is to unify, basically, this property the same as owned same zoning as owned as the owners do it for the funeral home.

Again, the proposed land use is commercial core, existing zoning RM, proposed CBD Central Business District central core subdistrict. The proposed use have not been determined yet. Have been looking at some concepts, but the use does allow commercial I mean, zoning commercial, residential, or mixed use. And I know that we we were considering submitting a site plan, but we know that when we go through this process, I I know that's not looked upon favorably the attorneys as well as planning that, look, it's not based on what you're seeing in the pictures. So we did not do that, although we were speaking to Gary Eliopoulos, a local architect.

Existing land use, again, as you see on the map. This is MD. To the south is the parking lot for the dealership as well as the dealership itself. And then you have the zoning of RM. So the parking to the south of the dealership with the wash, they have wash area that's zoned CF.

As you see here, this is also zoned general commercial right on the North Side of 7th Court. And the proposal is to change into Commercial court and CBD. So as you see on the right hand side, what is allowed? So in the RM District, the maximum height's 35 feet. The GC, which is right across the street from the RM, allows 48.

The existing funeral home site is owned CBD, allows 54. Same with this auto sales. It's owned CBD, 54. The automotive commercial here, the Genesis, which we'll 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 three point one point one.

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 concurrency, 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 and rec. Now keep in mind traffic.

And keep in mind too that 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 the worst case scenario based on a 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 so forth. Positive findings can be made, and there's no level of service issues with those. With regard to consistency and the comprehensive plan, very detailed staff report, many policies referenced, and some of them are listed up on on the screen here 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 of the neighborhood districts and corridors, housing element, and economic prosperity element. The commercial core land use designation is appropriate for this property. It abuts CBD with no separator. Development pattern is consistent in this situation. It allows a mixed uses, which is allowed on the abutting properties.

The CBD requires civic open spaces, which are not typically required in other zoning districts. The CBD is a form based code which has various development standards to mitigate any potential impact, and this would be provide an increased economic development of this area. This area, think, I the on the on the the residential neighborhood stabilization, it's shown as stable. But if you've driven, I'd say, North North Of 7th Street, it's it's in transition. This is a 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 district's quarters policy one point one point three, existing MD directly abuts the c the the commercial quarter. So you see it here. It kinda protrudes. This is the existing parking lot.

There's other instances where public right of way 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 separating the RM from the nonresidential zoning. There will be a five foot right away 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. With regard to transitions from the central business district to the residential, the CBD setbacks 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, then it's a it's a 65 foot separator. Separator.

So it's much greater than you would you would get in rear. Now keep in mind, this situation's 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 quite a unique situation where even the property itself is only 119 feet deep.

With regard to consistency, the comp plan policies continuing on, It's supported. While the plan talks about neighborhood plans, and the fact is one can say, well, it's not really. But in a way, it is supported by the North Federal Highway Read of Own plan and downtown master plan. Specifically, 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 the commercial to allow larger The key is well planned commercial and mixed use developments.

When you have these smaller lots and those with many encumbrances, it's challenging to get a really quality development. One more point on the consistency with the comp plan. The policies mentioned above, this particular with regard to economic prosperity and the housing, this furthers revitalization and stabilization of the North Federal Highway area as well as or or encourages of the revitalization and stabilization of North Federal Highway corridor in the downtown core in this particular area. Encourages 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, complementing redevelopment, and enhancing quality of life.

And I'll get into some of the regulations in a second. With regard to the standards for rezoning actions, positive findings can be made with three point two point two. With regard to section a, again, if you feel this 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. The property is only is the only zone RMs zone property on the West Side Of 7th Avenue, North Of 6th Street, and South Of George Bush Boulevard.

This extends in. It's an alcove of RM of a commercial parking lot. It's not residential. Property, it's an existing nonconforming parking lot, and this is a a transitional area in need of investment. And so this could encourage that that investment.

The standards for rezoning, a couple of them are not applicable. But with regard to d, rezoning, allowing use of deemed compatible with adjacent nearby land uses, both existing and proposed, or that is incompatibility incompatibility may occur that sufficient regulations exist to properly mitigate adverse impacts on the new use. Again, yours shows the surrounding zoning. I've run through this before to show you again to the west that this abuts properties that are allowed 54 feet. This actually provides a better transition.

Will see, I think you'll see in the staff's report, there are some suggestions that could be made to further mitigate. Again, the CBD regulations provide a lot of development standards that you typically do not have within a normal situation. Required 15 foot streetscape improvements, setback requirements, 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 the surrounding area.

And, again, the the CBD regs provide mitigate provisions to mitigate impacts. And last but not least, the compliance with the LDRs. The statements for reason, the change in the zoning is being sought sought. We 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 abuts CBD zoning within the central core subdistrict, and it's more appropriate as property contains a nonconforming use that is the only r m zoned property West Of 7th Avenue between George Bush and 6 6th Street, and it's basically all commercial. And therefore, positive findings can be made. With regard to staff's considerations and your backup. Okay. I thought just last slide. How many minutes do we have? Anyway. Fifteen. That's how much I took? Wow.

Okay. So I thought I was moving fast. So these are some items that are identified in staff report for consideration. We feel there's sufficient justification with regard to NDC 1.1.3. Land use allows the most appropriate development to fulfill the remaining land use needs.

With regard to zoning, again, form CBD form based code. The property abuts these particular areas that it directly abuts with 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 Federal Highway and Downtown Master Plan. I'll hold off I didn't realize I was out of time. So I was going to I'll make some comment. That concludes my presentation.

Thank you. Thank you.

Okay, once again, and hopefully not sound too repetitive, 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 Lorne Brothers Funeral Home. The land use is medium density residential and the zoning is medium density RM residential as well. So this just shows 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 subdistrict regulating plan. So this just gives you a view 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 Court, which is 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 zoned multifamily residential 10, and the surrounding parcels to the north and west were zoned specialized commercial. In October 1990, the citywide rezoning changed the site to R M and the parcels to the north and west general commercial.

In March 1991, the property directly to the west was 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 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 regulations. 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 increase of the daily trips by 3,191. 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 3,191. So these are some of the required findings for consistency. And one of the main things to point out is the examples of transitions at the rear. And policy NDC 1.1.3, 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 or most similar to the zoning of adjacent properties. NDC one point one point one three, 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. 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 and residential housing opportunities appropriate in scale, intensity and density for the diverse neighborhoods, districts and corridors in the 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 two point seven point five, it states that request to change residential land use or zoning designations to 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 then 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 regulations. 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 preserves 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. Okay.

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. Resulting of land shall result in allowing land uses deemed compatible with adjacent and nearby land uses, both existing and proposed, or that if an an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. And, 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 amendment from MD to CC, whether there is sufficient justification to approve contrary to always DELRA comp plan policy, NDC one point one point three, 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 proposed, as a result of the rezoning. Whether limitations on the subject's property, such as a height limitation, are appropriate or if the maximum height in the CBD is appropriate. Whether policy NDC two point seven point five, which says deny request 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. 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. Thank you. At this time, the floor is open for public comment. Please come forward, state state your name and address.

Evening Actually,

my name is Jack Yindicchio. I live at 419 Northeast 8th Avenue in the Palm Trail neighborhood. I'm here with several of my fellow board members and and neighbors. And if I may, I'll I'll take you six minutes. Please. Sure. Thank you for listening to our thoughts here. You have an important decision, and I know many of you appreciate the history of Delray. Just as a reminder, this plot, this land was designated residential in 1894 by, Adolph Hoffman. So it would be a shame after a hundred and thirty years, the city has changed.

But, just for clarifying, the parcel sits inside of the Palm Trail neighborhood footprint. Northeast 7th Avenue between 1st 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 multifamily and residential. There's only one little outlier, the commercial side, which is the car dealership that's to the south of it. So we first learned about this change being approached by mister Costello. We had a very productive meeting, a cordial meeting. We reviewed all the materials subsequently by the board.

We wrote a letter to mister Costello opposing these changes and have since also reviewed all the other materials that have been currently presented. So the more we learn about it, the more the stronger our opposition is. 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 this morning.

We appreciate their help. We think the report is very thorough. So I apologize. Did any by the way, did did any of you have a chance to read our letters? Yes. Because we're very thorough and 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. Alright? 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. The 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 one point one point three 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 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 two point seven point five 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 a 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, protection, excessive scale and intensity, and long term precedent. We respectfully urge you to deny this application. I mean, what you heard before from mister Costello was was a very thorough explanation about what's it. What is allowed in the CBD. But this is not the CBD. This 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.

Are there is anyone else coming forward to speak?

Hi. I'm sorry. I didn't get sworn

in. Oh.

Sorry about that.

Please raise your hand by the authority vested in the notary of the state of Florida. Do you swear from the testimony you're about to give is the truth, the whole truth, and nothing but

the truth?

Yes. Thank you.

Good evening. Cynthia Lloyd, 219239 Northeast 7th Avenue. And I just wanna, for the record, acknowledge I'm on the SPRAB board, and I actually have a background in planning and zoning. So I really appreciate what you're faced with and 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 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 we made that pact to be in a neighborhood in a village, we didn't expect that somebody would have a relationship with developer both in staff and obviously that there's been some outreach to have discussions there. So I just wanted to just put 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? Everybody's been sworn in? Yes.

We're brothers.

I'm kids. Yeah.

I'll let

big brother talk. My name is Michael Lorne, this is my brother, Patrick. As we're coming to June 2026 Address. Can you hear me?

Address. Andrew who? Address. Oh,

I don't Where do you live? Personal or business?

Personal. Yeah. Either one. Either one. 6th Avenue, Delray Beach. Okay. Thank you.

Okay. As we're coming to June 2026, the Lorne family will be celebrating a hundred and twenty six years as residents of Palm Beach County. My grandmother and my father were natives of Lake Worth, and all five Lorne 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 nineteen forty seven Delray hurricane that sent four feet of water into the Delray Beach Cemetery, my father along with farmers reburied those caskets 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 just got here, we've been here.

Okay? So with that said, I'd like people to remember also the terrible sixties that we had here in Delray when my father along with the great late Zach Strawn stood up against all the civil problems that we had in Delray. 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 incumbentances and restrictions upon them.

You know, I can use the I can use the 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 wanted to come up and show a face. I have never ever, in my seventy 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 anything on there as of right now.

We just wanna 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 Glynn. I'm on 901 George Bush Boulevard, Dowery Beach. Well, we're here 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 eighties, early nineties when the commissions and the city government at the time time decided to redo Atlantic Avenue.

You gotta admit that was one of the most monumental 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 George Bush that hasn't in this area where there the funeral home is, there hasn't been a new building there in forty 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, some development possibilities happen because it hasn't and it's been stagnant. And, I think it's time that this area gets some attention because I've owned two houses on Northeast 8th 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 gonna have a new bridge. It's 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 look where everything starts looking up to date. I I grew up in this area. I grew up at Saint Vincent's. I could tell you when every one of those homes those buildings were built, you know.

So it's time. I think the last structure is probably the plaza where Mary Anne's. 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. Applicant or any rebuttal, any cross examination?

No cross examination. Just some responses to some some comments with regard to the height. And and I understand that that seems to be a concern. 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 building's measured 54 feet to the roof deck. But to con to address concerns, there could be an alternate that could be provided with regard to, for instance, to the south, south, the CF allows a maximum of 48 feet. The GC allows 48 feet. There have been some situations situations on the redevelopment on South on the rezonings on South Federal Highway east of Federal where they limited it, the height to 48 feet. Still four floors, but it's 48 feet.

Then you still gotta 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 a number that that's 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. With regard to, the the CBD actually provides the desired transition because there is no transition between the the abutting CBD and this particular property.

So while it's saying it's a transition to the residential area, well, this is a commercial property zoned RN, and there's no transition to this property that could that would get that proper investment for what they wanna see as a just a a low scale residential. The the Live Local Act has been mentioned. It seems like that's like the sky is falling, 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 which acres 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 gonna work for you when you have to try to redevelop.

So when you're dealing with these smaller parcels, that's not where where you're gonna 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 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 point two three acres.

So that's what you have in the adjacent neighborhood. This is not a precedent. And and and the attorneys and the plans 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 6th Street Where you've seen the redevelopment of those lots, you've seen new duplexes, new single family homes South Of 6th 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 reason now, there I could offer one other item, and I did discuss this with my client. In another situation in Osceola when we changed the zoning from RM to CBD, there was a a provision where, let's say, 7th Avenue is considered a primary street. So right now, you can develop that and have multiple driveways coming out on the 7th Avenue. And so if it's this indicated designated a primary street, the buildings front it, it creates that streetscape pedestrian friendly, connective 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, limiting the height to 48 feet or providing the primary making 7th 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 PNC level. We feel this is a transition area, and and there's circumstances that are particular to this area that that warrant warrant the rezone. And that's my I appreciate your time and consideration. Thank

you. Thanks. Ms. Dossary or Ms. 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 secondarily, I think it would be highly unlikely that we would 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, 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 currently, the zoning on the property would allow for meeting that requirement. So just to clarify that point. And nothing else unless?

Could you say that last part again?

Okay. I'm sure I understood. So the comprehensive plan, so in this policy provide transition between land use designations at the rear of property or at major corridors. So I think the question would be, does the board consider 7th 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, 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.

Mister Costello, you have something?

Wanted to clarify. So so the Lauren and Sons funeral home is zoned central business district.

Right.

So that particular property, they they could process through through the city a crematorium because it's owned CBD. So what it that's the whole point of this proposal is that Lorne 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 owned r m. Right. They could go it doesn't relate to the r. This crematorium relates to the CBD. Mhmm. So it's allowed. They could process that.

So that would have to go through the appropriate process process if that's their their desire. But I just wanted to clarify that it's not the r m for the crypto. 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?

Not currently. Not currently. But

Unless it's rezoned to that.

No. But, yeah, that

where if

it was rezoned CBD tonight, they could build a crematory then.

The the crematory would most likely go in the existing funeral home.

No. I'm saying they could put it where the parking lot is if they wanted to. Sure. That would have to go through If we rezoned it.

Sure. Let's be

safe. Yeah.

Yeah. Okay. That's

alright. It's an allowable use. Right. So if you deny it, I I I highly highly unlike you, you would see a stand alone crematorium. I know. But but, you know, I mean, let's let's be realistic. The sky's not falling. So and then with regard to the transition, we're talking about a 200 foot section between between commercial properties. That's it. Thank you.

Great. Thanks. One more comment. This

chair. No. One one

one No. No more public comment. I mean, I'm sorry, but public comment's closed. Sorry.

Just know that the commission closed Northeast 7th to protect the residents and the neighborhood, so it would not be a major of Planner Street.

Yeah. Okay. Whatever. Yeah. It's happening. Alright. To the board? To the board. Mister Katz.

And I'll start. First of all, I just wanna address one comment, the residents, that, you know, we don't we didn't take the time. I will tell you, I received two emails from mister. I read it all. Gave him actually probably more time because it was more extensive, than the five minutes I had on on a phone call with mister Costello.

So and if you called me, I'd answer just like mister Costello answered. So our you know, we're 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. So I think we're all open to hearing and reading what the residents have to say just as much as the developers have to say. So I just I didn't quite understand where that was kinda coming from, especially this meeting with only really one major item.

We had lots of time to be able to to read all of it and and do do some research on it. My concern is the CBD, and I and I feel for the Lorne family on this, and and I get that what they wanna do, you know, leave a legacy for your family is 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 and 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 kid's family, they're gonna 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.

And what I have to think about, most recently, we had a project that we had to not had to approve, but was approved on fourth and federal. Very similar sized 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, you know, they're allowed to go to. And I asked the question, yeah, just because of 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 and model that if we allow it if we allow 48 inches, they want 50 inches. So they're not gonna give that up.

So I just I 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, 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 that has to be part of, a redevelopment plan that makes sense. It's not. So I just don't see enough here meet to change that zoning. That's it.

Mister Prenton, yeah.

Yeah, I echo his comments about us only speaking with developers. We'll speak to anybody or applicants for developers. And I did spend more time reading Jack's stuff and trying to back check it

through the And

then when that fake that phony not the phony, but the botched report got out. And I was trying to back check it. It didn't check. So it got a little confusing. But I would like to say that, you know, I appreciate what the Lorne family has done for Delray Beach. It's quite a legacy. And so, we're all grateful for that. And this is a difficult decision because not microphone. You know, we're talking about compatibility between zoning. And it's between a CBD, and it's between an and the RM is next to residential.

So what's the compatibility? Is it compatibility with the residential, or is it compatibility with the CBD? And I've waited. Think a couple of things have influenced me the most. One was the increased traffic that the CBD would would bring.

You know, I don't know if you if you happen to drive by George Bush when Saint Vincent is getting out, the traffic backed up to federal and and beyond that. And then you throw in the bridge closing and the bridge opening. I, you know, I don't know because we don't get to see what's gonna, what could possibly end up there. But if it, 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 4th Street Light.

And the other thing is the comp code, which talks about like facing like. I think that and the trafficker have me persuaded that that the zoning should remain the same on that on that parcel. That's it.

Okay. I think hold on. I took my notes. Yeah. I think that's it. Sure.

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. 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 and however that's done. I think what's con 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 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, 7th Avenue is the front. Right? So the the like meets like in the rear complicating to me. So, I think it's we're having like not meet like in the front, if this were to go through, if that makes sense. Am I thinking of this right? I'm going look to staff to correct me if I'm wrong. But so anyways, as a single parcel, I look to see what can be developed there. And 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 I mean, if there is an issue of being having to look at the max intensity, but with the easements and, right of way dedication required, I think that's an issue. I do like the idea of having parcel if is developed independently, which it can be, can be developed as its own now or in the future, then I do Is

your mic on? There's somebody else who can hear

Okay, I'm fine.

Lean in. I'll lean in.

So we share

over here. Didn't even take minutes. So

I do like that concept presented to move the access on 7th Avenue a lot to kind of help alleviate some of that. And I also 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, which is flown. So I'm leaning towards it with a height restriction.

All right. Thank you. Mr. Sean.

Just a question. I noticed in the, staff report, you all indicated in, 2006 the, 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, CBD?

Give me just a second. Sure. So 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 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, it was sort of considered almost a like to like zoning except with added density and design controls. So at that time, the CBD was only applied applied to the GC, not any residential parcels.

Okay. And this wasn't zone GC at the time. That's what you're saying. Correct. I get that. Okay.

So it was an intentional decision at that time. I

Okay. So then I guess what I'm stuck with is this this policy two point seven point five. Right? 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 enlighten me on it. But we're to deny any request to change from residential use to our zoning designations to designations other than community facilities or open space, or is it a unless the proposed changes implement an adopted neighborhood or red redevelopment plan. Do we have that?

No. So there's not an adopted or proposed neighborhood or redevelopment plan there.

Now is is that is that what Jeff was talking about when he said the staff kinda looks down upon the site plan when you you present both at the same time?

No. 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 gonna actually do will 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 gonna build something that's only 24 feet tall and it's only gonna have this minimal traffic.

Gotcha.

And then that get that designation gets changed cause the board's relied upon those representations. That does not need to be built or doesn't 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 two point seven point five 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. 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 it talked about in the future considering increasing the depth of commercial parcels, but it didn't actually save for this property. So yeah.

Okay. I got you. Okay. And when we're talking about the maximum use, that's where 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 you couldn't reach the maximum. Is that what you were saying?

No. And so did a board member. We're planners, and and you cannot get that that that number of choice. You just can't.

So then so then I like the height requirement then. I mean, if we're gonna move forward, I I like the condition of the height requirement. I don't know if that's feasible for you all, but to me, that seems to kinda keep it consistent in my opinion. Yeah.

Can we can that be done? Can you can you can you say we'd we'd 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. 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. Atlantic Avenue was an entire

If we look at section 2.45, which is land use actions and b, which is changes zoning district designations, subsection five is 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 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 was thinking.

Yeah. In terms of 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. No, sir. You've got a good way of doing that.

Thank you, Todd. Yeah. Yeah, think you're up.

Listen, I love Delray Beach. I also love property owners and property rights. And I also love neighborhoods. So I'm in love with everything in in this city. I I love Northbound Federal Highway. I'm madly in love with George Bush Boulevard. And by the way, hope the bridge never gets redeveloped. We're we're fighting to keep it to to to its 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.

And I mean all these things sincerely. I've got a simple question. Has any other parcel within 1,500 feet of this area been rezoned in the past ten years?

Great. Okay. Off the top of your head.

I'm not trying to mean

I don't

that that has that has even the remote a remote, 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 to the speed that maybe other avenues have. I think this this whole area is going to explode and and and rather quickly. But I, you know, I think the neighborhood is is is is correct in trying to protect their periphery. And a and a and a transition is a transition, you know, and like meeting like means that.

And our comp plan says that if it doesn't meet these two criteria, if it's if you're not gonna convert it to community facilities or open area, a lesser intense use, you know, you you you've you've gotta 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 there's more reason to deny the request than to support it. I think it would have been very interesting had we seen if you you don't wanna come in with a site plan, a a hypothetical developed site plan, but it could have been kind of interesting to to have come in with a three d modeling comparison of what the existing allows versus what the new might allow. It's just a simple three d modeling stick frame type of thing. And and I you know, the height is a major deal.

The setbacks are a major deal. The transition between a basic neighborhood and a major corridor along federal highways is is would be severely compromised, I think, if this if this were rezoned. So I I appreciate everything else that everybody else has said on the board, and I I I don't feel any different than you guys do. I I I believe.

Okay. Thank

you. But I I you know, if if there if there were another rezoning situation that occurred recently that we could hang our hat on maybe, that might be an interesting thing to consider.

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 different uses in place. So even if Ms. Dossary 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. 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 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 section is one continuous 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. But that parcel we're talking about is not as something stuck in to a CBD. It's part of a residential plan 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 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. 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 neighborhood implementation plan. I'm getting the words wrong. 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.

Ahead. One quick question. Just approving the zoning change with a condition on the height, the applicant would inherit all the setbacks, which are more severe in CBD than they are in

No, they're not.

They're would be They're greater, yeah.

Subject to everything in CBD except for height and I can go.

CBD setbacks are

not more restrictive. Setbacks are more restrictive In in

residential? Okay. Okay. I'm sorry.

By a lot. Twenty five and thirty feet.

I had of 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 a comment? Yes. We're ready for

I'd like

to move denial

of ordinance number 28 dash 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 dash one Central Corn Beach subdistrict 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 mister Katz.

Just quickly to clarify, the motion is one to recommend. So this is not

board It's makes the recommended a what you have here for

me to read. But

it's to recommend denial.

It says move denial is what it says.

Yeah. So I think you just read the rezoning one before the land use.

Oh, there's one.

Oh, there's two left. Yeah. Land use, we

recommend to the bottom.

Yeah. So if you

Do you want me to make my redo

my motion? Wait. I'm a

approve a recommendation of denial of an ordinance number 27 dash 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. Finally, 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 mister Gass, second by mister Copeland. 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 gonna recommend approval to the commission.

Well, when when you vote on the motion, if you vote yes, you're to deny. Deny. Okay. Miss Mill.

You need the second? Was it Did you strong? Yes. Jim Chart is absent. Price Patton?

Yes.

Karen Kieselsly.

Kieselsly. I'll get it.

No.

No. Gregory Snyder.

Yes. So that's 123451.

And do I

have to