Planning and Zoning Board - Regular Meeting

We don't, this is not the city commission. We're not We're not the high paid. Like to call to order the uh December 15th meeting of the Delray Beach Planning and Zoning Board. Uh Miss Miller, if you could please call the role. Roger Cob here. Mitch KZ here. Dedra Strong here. Jim Chard here. Price Patton here. Judy Malikica here. Gregory Snder here. All right. Are there any changes to the agenda proposed? We can only pray. Nope. Okay. Having none, can I get a motion to approve the motion to approve the agenda? Second. Uh all in favor?

I opposed. Agenda is approved. We have to approve uh minutes from July 21st. I move to approve July 21st and August 25th minutes simultaneously. Yes. Second. Okay. We have a a uh first motion and a second to approve both sets of minutes. All in favor?

I opposed. Minutes are approved. At this point, anyone who wishes to speak tonight needs to be sworn in. So, if you could stand, please, and Miss Miller will swear you in. Please raise your right hand. By the authority of Ethi, the notary of the state of Florida. Do you swear affirm the testimony you're about to give is the truth, the whole truth, and nothing but the truth?

Okay. At this point, we'll take comments from the public on any item that's not on our agenda. Not on agenda items. Any items any comments on items not on the agenda? Seeing none, the public comment is closed. And we have no presentations tonight. So we'll go into quai judicial hearing items. And I'll read the quai judicial rules. This hearing shall be conducted in accordance with the city of Delray Beach qua 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. Board members and staff and the applicant may be allowed to cross-examine witness. The city or the applicant will be allowed to offer rebuttal testimony. The decision to approve or deny an application or appeal may not legally be made on the personable use as to whether a project is a good project or not. Nor may a decision be based on the numbers of citizens who support or oppose a particular project. The law requires that all decisions must be made on the basis of whether the project meets the requirements of law, the comprehensive plan, and the land development regulations. Right. Moving on to item number 8A. Miss Dry, could you read the file into the record, please?

Yes, absolutely. Uh, we are reading into the record file number PZ000000234-2025. It's a conditional use request for 24-hour or late night use associated with a freestanding emergency department. And we have um representation for the applicant to present. Thank you. Exparte communications. Mr. Co. Uh none other than reading a a communicate that was waiting here for me when I arrived. Okay. Miss Malikica. None. Mr. Strong. None. Mr. Patton.

Yeah. I had communications with Sharon Merchant. Brief phone call with her as well as three other people. Is your mic on? Hold on. Can I pass? I'll get it. I don't think we need their names. We need If are they? Okay. There there there were four other people on the call and then I I read all Oh, on the call. Yeah, I read I read all the emails. Okay. That were I think that'll do. Thank you.

I spoke to the next door neighbor. Um, I think I spoke to the same people, Heather Haverick from uh, Tenant Health and um, Sharon Merchant and um, couple Matthew I believe and a couple others that were on that call from tenant. Um, and then I got all the emails on the server. I did drive by as well. Uh, yeah. And I've um, I drove by. I also had a uh virtual meeting with your merchant and people from people from uh Delray Medical Center and uh I've spoken to one of the neighbors.

I think that's it. All right, sir. Please.

Good evening, chairman, vice chair, uh members of the board. My name is John Roach. I'm an in-house urban planner, certified urban planner with the Gunster Law Firm in West Palm Beach. With me this evening is my colleague at Gunster and attorney Brian Seymour. Um we're excited to be here on behalf of our client JFK Medical Center Limited Partnership. It's for an application for a conditional use permit to operate a 24-hour business, specifically a freestanding emergency department. The subject property is a 1.79 acre tract of land that's located at 3921 West Atlantic Avenue on the north side of the roadway. Currently, the property is vacant and it does have a planned office center zoning designation. And we'll get into this port uh a little more detail on this in the upcoming slides, but as you can see here, the property is approximately 258 ft from the closest residentially zoned property to our north and approximately 120 ft which is across Atlantic Avenue from a residentially prop residentially zoned property to our south. Uh the properties to the east and to the west are both non-residential. Just some site photographs. This is looking east um from Spodc Drive which is a private roadway. You can see the vacant property here along Atlantic Avenue that is the proposed site for the development. This is um also looking east um again from Spodc uh primarily looking at the the site itself. The area off to the left, which I'll get into, is a separate vacant parcel that is not before you this evening and is not proposed to be developed. And that is this property here. So, there are two separate parcels that are both owned by uh our client. The property here on the northernmost end of the site um is proposed to remain develop or remain vacant and will be the

site for future development that would be required to comply with the code. We are solely focused on the vacant parcel that is along Atlantic Avenue. The inset picture is just a a representation of the buffer that currently exists between the northernmost property of that vacant site that will remain vacant um and the High Point community that is to our north. You can see that there's a solid opaque barrier there. uh currently minimal landscaping but as I'll get into any development on this vacant parcel would have to uh install the necessary uh code required landscape buffer along that wall. This is the current condition along our south property line um against the Woodlake community uh which is on the south side of Atlantic Avenue. Um you can see here the 120 ft rightway that makes up at West Atlantic. It is a six lane divided uh with a median. Um pretty significant roadway. And then the inset picture here is a representation of the buffer that exists along Atlantic uh completely enclosing the Woodlake community uh from that rideway. There's solid opaque fences, walls, and then as you see in that picture, many even have a solid hedge. Uh so you can barely see that that is actually a community within there. We are before you um to accommodate growth in the region and provide faster emergency care to the surrounding community and reduce the demand on uh hospital emergency departments which thereby reduce weight times across the entire emergency health care system. Our client is proposing to build an approximately 10,800 square ft 860 ft freestanding emergency department. Uh again on that vacant parcel along Atlantic Avenue, the city's

zoning and land development regulations define this as a medical clinic and this is a permitted use within the POC zoning district. Freestanding EDS are required and licensed to provide the same emergency services as a hospital emergency department, including the same equipment. And they're also staffed with board-certified emergency physicians and ER trained nurses. And providing these services 247 ensures their ability to serve the community's emergency needs at any time of the day because we can all agree that emergency health care can occur at any time. Um, while the use is permitted by Wright, the city's zoning code does require that all 24-hour businesses, if they're located within 300 feet of a residentially zone property, and that's measured property line to property line, uh, they have to obtain a conditional use permit, and that's why we're before you this evening. On the screen is a conceptual site plan. As outlined in your staff report, this plan is required to go through the city's level two site plan review process, at which point staff will determine compliance with all the city's applicable zoning provisions. Again, the portion that we're before you this evening is the 24-hour business operation. But as currently designed, the facility is proposed to consist of a singlestory building. You can see there central to the site. The primary public walk-in entrance is on the south side of the property. Um, fronting onto oops, wrong button. Fronting onto Atlantic Avenue. And then on the north side of the property is a required ambulance bay, which I'll get into more details in just a second. And then there is easily accessible surface parking on both the north, south, as well as the east sides of the building. Of the two sites owned by our client, this one was chosen because it was furthest from the community to the north, which will be separated, as I indicated, by future

development on this additional vacant parcel and places the use adjacent to Atlantic Avenue, which, as I stated, is a major sixlane roadway. Although the city's zoning code measures 24-hour businesses from the property line and not the buildings themselves, it is important to understand this context. So, as you can see here, the proposed building is approximately 370 ft from the closest residential building to our north and approximately 250 ft from the closest residential building to our south within Woodlick. But, as I stated at the start of the presentation, if you measure property line to property line, it's 258 to the north residential and 120 ft to the south. In addition to the existing opaque fences and walls that I talked about along the perimeters of each of those residential communities and the code required buffers that will be um necessitated on our site as part of the site plan review process. High point to the north will be separated from the freestanding the proposed freestanding ED by the future development site that you can see outlined here. So at the time of its development including structures, parking, um it too would have the required landscape buffers along the entire perimeter and that includes the required um buffer between commercial and residential which is one tree every 25 ft uh to form a continuous tree row which is above and beyond the normal one per 30 ft. Along the south side of our property near the High Point community adjacent to Atlantic Avenue, the city's code already requires an additional enhanced buffer of at least 30 ft in width and one tree every 30 ft, a hedge and ground cover, which will all be incorporated as our as part of our proposed site plan. And so you can see that there. And again, this is above and beyond what currently exists at around the perimeters of each of those

communities. Freestanding EDS are modern healthc care facilities that are integrated into their communities. They offer hospital level hospital level care that's both equipment and staff in a fraction of the time. This includes reduced weight times, quick evaluations. They're closer to the residents that they serve. And this can be life-saving. And this improves patient flow across the entire health care system regardless of an operator by expanding by expanding emergency care resources to a growing population. An example of this is when Delray Medical Center constructed a freestanding ED near JFK uh near Lantana and Atlantis. It did nothing but approve emergency healthc care services to that community. And this situation is very similar. Freestanding EDS have been shown to generate a fraction of the traffic as some other uses that are commonly found uh along these commercial corridors um as most of the patients arrive by walk-in or personal vehicles. You can see here that freestanding EDS as studied through um other real life examples uh generate approximately 17 peak hour trips and that's in the PM. This is compared to an urgent care facility which is 42 peak hour trips, a pharmacy which is 149 peak hour trips. So you can see that the 17 is substantially less than some of those other uses. And again the use itself is permitted by right. While there is an ambulance bay as I talked about um other facilities operated by our client have shown that on average there is only one ambulance that occurs or arrives and departs per day. A small percentage of patients ultimately require hospital admission. So there's very little transportation associated with that. As stated previously, the 24 hours is required to provide the level of care

associated with a freestanding ED. And as outlined in our application and confirmed by your professional staff, it complies with all the required standards of the city's zoning code. We respectfully request your recommendation of approval to address a need for accessible highquality emergency care and contribute positively to the health and vital vitality of the community. Yep. Just one more statement.

This will allow the city continue to fulfill its policies and its comprehensive plan including allowing wellness centers and health clinics along its corridors and within its commercial districts. So that concludes my presentation. is happy to answer any questions you may have. Thank you, Mr. Roach. Mr. Dossery.

Nope. Okay. Good evening. Um, my name for the record is Rebecca Dosser and um, as Mr. Roach just noted, this is located along West Atlantic Avenue uh, 3921. Its land use is transitional and the zoning is planned off center. It's currently vacant, but the request to approve the 24-hour or late night business uh for this freestanding emergency department is uh conditional use. The medical office use uh which we would consider this is allowed uh as a principal use, meaning after you get the site plan and your zoning certificate of use, they could just start operating. But this 24-hour portion of the request is why they're here before you. Um, any business within 300 feet of residential, as was noted, is required to get this approval just um to make sure that the health, safety, and general welfare of the citizenry is uh is protected for any uses that could potentially have um an impact on the surrounding neighborhoods. When a conditional use is established, uh the approving bodies can impose conditions which could limit the hours of operation or the longevity of the use and they uh can also be imposed pursuant to the compatibility with the existing development, consistency with the land development regulations and consistency with the comprehensive plan. There are two findings that have to be made to approve the request. That the conditional use will not have a significantly detrimental effect upon the stability of the neighborhood or hinder development or redevelopment of

nearby properties. So um as has been noted to the east and west of the property is medical office um consistent with the use itself that is under consideration. to the north and south is the residential use that um triggered this request. So some of the um the required findings related to um the land use map sorry let me go my I didn't have it on the slide here that are related to the land use map concurrency consistency and compliance with the LDR are going to be discussed uh simultaneously with the findings for the conditional use itself about hindering nearby development but uh medical offices and clinics are permitted uses within the POC district. So, uh something like this is anticipated by both the land use and the zoning. Uh there has to be a finding a positive finding relative to concurrency. Uh whether or not the public facilities can support the use. Um solid waste, water, and sewer are all within um the expected capacity of the facilities in the city. Um a traffic performance standard letter from Palm Beach County is not required at this time. It would be if needed as part of the site plan, but the applicant has indicated that there are anticipated to have 1.1 to 1.2 ambulances per day at the facility. The um required findings related to consistency with the comprehensive plan. We have a number of policies about how transitional land use um is used for uh changes in intensity between land uses um and different types of use. And the comprehensive plan uh really calls for consistent and complimentary uses for

adjacent development and similar uses and it it establishes how uses uh between these different uses should transition with transitions happening at the back of properties. and also that um any approvals should fulfill remaining land use needs. So on this note, so again medical offices are adjacent to the subject site on the east and west. Um there is a public benefit in that an FSED is subject to the same uh requirements to treat anyone regardless of ability to pay. And also in general the West Atlantic corridor supports uh a wide variety of uh commercial activities. So, if if you look, I did a a screen grab from our um our zoning map and you can see that um throughout the corridor there's uh commercial uses mixed with residential. So, and this is um a pattern that the comprehensive plan has um indicated should continue. We also have a number of comprehensive plan policies about encouraging uh industry clusters such as uh healthcare. That's a big one. and also that um there needs to be access to quality health care without the city as an essential service for our neighborhoods. The healthy community element uh talks a lot about access to health care and um along corridors and within commercial districts where this this is going to be located. Um but again the use itself is not subject to the request but the the 24-hour portion of it but um since the use is healthcare these policies are relevant to approve a 24-hour or late night use. There are requirements related to a security plan and buffering. The security plan requirements do not apply to this use um only to the convenience businesses but um 24-hour or late night businesses are required to provide

adequate buffering to minimize the effects of noise and act as a visual buffer for the residential properties. Uh so again to show in the context of where the 300 foot buffer lies um there is a natural buffer to the south uh from Atlantic Avenue and there's the um fence and hedge along the neighborhood to the south. To the north there's a buffer from a vacant parcel which is owned by the applicant but it's currently vacant. It's 255 ft deep and there's an existing masonry wall along that property line. So, relative to buffering, there are three different types of considerations, I think. Lighting, sound, and landscaping. And we're going to discuss landscaping on the following slide, but um the applicant is anticipating 1.1 to 1.2 ambulances per day. Um and uh sirens and lights are required for any code 3 emergency in general, which would be a high priority response. Um, I'm not going to speak to that specifically here, but we do have Chief Martin from Delray Fire here to answer any questions about emergency responses and and what could be expected of this type of facility. And then, um, lighting being another concern. Uh, our code requires that all lighting be full cut off uh, which minimizes overspill and there's certain requirements to not have overspill of lighting onto the adjacent properties. So, our applicant described their uh conceptual landscape plan in detail. Um, as was noted, this uh request, if this is approved, would need to come through for a level two site plan, which would um it could be ad approved administratively, but given the the um size of the development, we would likely have it uh go before board, which would be the site plan review and appearance board, unless they requested relief, and then in that case, it would come before the planning and zoning board. Um but the threshold for the site plan would be met for administrative approval. The um applicant is voluntarily proposing the

solid tree line along the north property line of the vacant parcel at this stage when uh the applicant submits a site plan. That would not be required. Um but the board could consider making this a condition of approval if it's determined that at this point that would be uh important in providing the necessary buffering. Um the site conceptual site plan is generally compliant with our regulations. This uh plan presented doesn't show the tree line every 30 feet which would be approximately eight trees between the vacant parcel and the subject property. And that could be something that um what that will be required as part of site plan. And then to summarize the considerations for the board, um whether this is an appropriate location for a 24-hour or late night business associated with this emergency department and whether the landscape buffers are sufficient to shield the residential areas from any negative impact or if the more significant landscaping should be required as a condition of approval. And that concludes my presentation. And we have again um Chief Martin from fire if you have any questions regarding emergency response. Thank you very much. Okay, at this point, um, like to invite public comment.

I think there are a couple people who came in be. Okay. Well, we'll make I I'd like to invite public comment. If you have not been sworn in and you want to make a public comment, you're going to have to be sworn in first. So just so just when you come up to the pod, I tell you what, anyone who's going to speak who hasn't been sworn in yet, please get sworn in now. Mr. Bodak, I knew that was going to happen when I saw you. Yes, Dr. Sodak. Please raise your right hand by the authority me, the state of Florida. Do you swear affirm the testimony you're about to give is the truth, the whole truth, and nothing but the truth? Yes. Nice to see you. Oh, at this point the floor.

Should we public comment? Yeah, public comment. Yeah, let's go. Time for public comment. Yeah, please, sir. Good evening. You need to state uh your name. My name is Andrew Sparenzini. I'm with the law firm of Randall K. Roger and Associates. and my firm is general counsel to High Point of Delray Beach Condiment Association section 1, which is the property to the north uh of this development. Uh I just want to quickly introduce, if you look out into the audience, you'll see uh people in red shirts. We have about 25 owners and residents uh from a High Point that are here because they're concerned about the project. If you all want to just either raise your hand or stand. So

yeah, can I note for just a second just on a point of procedure, if you're representing a bunch of people that won't speak, you're going to have six minutes. Uh there may be a few of them that want to speak, but not all. We have six. Thank you. Yeah. Um can the six individuals who will give up uh their time for yourself raise your hand, please? If if six people that don't want to speak, raise your hand. Give up your time to the So if you don't want to speak, raise your hand. adequate. Thank you. Thank you very much everybody.

Um so the the 25 or so owners here from High Point are are very concerned about this project, about the noise. Um they're a little bit dubious about the claim of only 1.1 to 1.2 ambulance trips per day. They're concerned about the noise in the light. Um uh and they just don't feel that this is an appropriate area for this type of a development. I know that it's classified as a medical clinic, but I mean, common sense, maybe I shouldn't use that word, but I mean, it just seems like it's a lot closer to a hospital use than it is to the to the dental clinic uh that's right on Spodak or or like an urgent care type of a of a use like an MD now or whatever. Um, so they they are asking that this this board deny this request. Um but if you decide to approve it, uh they're asking that you exercise your discretion because according to the land development regulations, this board has a lot of discretion to condition its approval on maximum protection including landscaping um for the surrounding residential uses. Um so we we would ask that you you exercise that discretion to protect the uh the owners and the residents in High Point. Um while this subject parcel does not directly above High Point to the north, the vacant parcel is also owned by this same applicant. And so we would ask for for the purposes of considering what kind of landscaping you're going to require to protect the residence that you would almost treat it as if it does a bud. I do appreciate that in the presentation from from the city and from Mr. Roach that they're voluntarily offering to do the continuous tree line along the northern property line uh trees within 25 ft. Um so we would ask

that that is a condition of app if you decide to approve that that be made a condition of approval. Um, we would also ask that the trees that are planted be fully mature at planting to provide maximum visual obstruction uh to this neighboring uh development. Uh, and we would ask that um it be trees that provide um maximum uh canopy um so that uh there would be a visual obstruction, visual protection throughout the year. uh trees. I'm not an arborist or anything, but you know, live oak, uh gumbo limbo, uh southern magnolia, buttonwoods, American holly. I understand that these are trees that have a large canopy that remains in place all year round. So, we would ask that uh those are the type of trees and that they be fully mature uh at planting. We also ask that they be planted early on prior to construction to mitigate the nuisance of u of light and noise during even the construction phase. Again, assuming you decide to to approve this uh use. Um and we also ask that you even go above and beyond that. Uh in rear property lines, uh in rear yard areas, the LDR 4.65C says you can have a hedge of 8 ft in height. We would ask that you would also require an 8t hedge uh in in both locations on the on the northern boundary line between the vacant parcel and high point and then also uh on the parking lot, the rear parking lot, the off- streetet parking uh between the subject parcel and the vacant parcel that there also be a continuous tree line and an 8-oot uh hedge uh at that location as well. U which is again permissible under the code since this is a rear yard area. Um

just a reminder that uh the LD the LDRs for for the for the city indicate in 4.6.16 that the landscape requirements in the code are the minimum requirements. So again you are well within your discretion to go above and beyond the minimum requirements in the code uh if you deem it as necessary to protect surrounding residential uses. And I would argue that it is necessary to do that. Um and and the 25 people here would agree with that sentiment. Um we also an important consideration is that uh the the uh as a condition of approval that the applicant be required to properly maintain all landscaping into perpetuity. There's been instances where surrounding uses their landscaping that's a solid masonry wall along the northern boundary. So roots can get in and damage the wall or tree limbs or other vegetation can encroach over the wall. So we would ask again as a condition of approval that they be required to properly maintain all of that landscaping at all times. Uh and then with respect to the lighting, I know it's already a requirement in the code. Uh but obviously all lighting um again with the mature trees with the with the big canopy that will assist but obviously all lighting should be pointed inward towards the parcel and not towards high point. Um and then the security plan. I noticed that the staff report indicated uh that a security plan was not required because this is not a convenience business. I apologize if I misread the LDR, but but I was looking at the LDR and in uh 4.3V 2B1, the it's actually of the the convenience uses that are exempt from the security

plan, not the other way around. So, I would argue that this use actually should have submitted a security plan as a part of its application. and everybody I mean these these types of uses they've got controlled substances they've got drugs on site that can be an attractive target for criminal activity. Um so I don't know how they were excused from submitting a security plan but I I think they need to do that. I think that's required by your code. Um, again, if you look at at the 4.33V2B1, you know, it says, "A 24-hour late night business shall submit a security plan detailing the manner in which the business intends to address the security of the establishment, its patrons, employees, and nearby residents. A convenience business, as defined in section 812.171, Florida statutes, as may be amended from time to time, is exempted from filing a security plan with the city pursuant to the subsection. Sir, could you just please uh make your final comments?

So that's I'll I'll finish up. So I I think that they should requ security plan should be required. So in summary, we're just asking that you first of all, of course, that you deny this this use, but if you decide to approve it, that you exercise your discretion to require maximum landscaping for noise and and light buffering uh and also a security plan, and that the lighting uh comply with the code. Thank you, sir. Yeah. Name and zip code. Good evening. Zip code 33446 and name

Lori Venor. Dr. Lori Vinorf, president of the Alliance of Delray Residential Associations. Good evening everyone. I'm also a member of the governing board of Delray Medical Center and uh this I understand this Mr. Roger. Whatever he said about the landscape and all is very good for medical office, but an emergency department freestanding here does not really work. Uh for more than 20 years, I've been involved with the alliance and we have our finger on the pulse of the community and these are super seniors. This is the epicenter of the super senior community and our seniors are the most vulnerable when they go to an emergency department. I have a 98-year-old cousin right here that I take care of and she's been had three falls in the past few years. Every time ended up in an admission to the hospital. Why? Because the elderly have multiple health issues and many times the falls are caused by something very serious and they need to be transported sometimes directly to the O. It is so confusing to an emergency patient to then be presented with the decision to be admitted to a hospital that's 20 minutes away in regular travel time rather than a hospital that's 5 minutes away. And and additional costs are involved when they have a fire rescue come a second time to an emergency department facility. This facility would offer no new services. It is in the wrong location. We ask that you deny this application. This land use is transitional which is intended for low inensity non-residential. This proposed ED is certainly not low inensity. Uh code3 emergencies are brought to freestanding EDs with lights and sirens. This is not a transitional land use. The one to 1.5 or whatever calls per day. The statistics show that area fire

rescue, we're talking about unincorporated and Palm Beach County and the city, there are se many different fire stations. One of our area fire stations right in Delray Beach to had not the city but unincorporated had 3,000 calls in September. They expect 4,000 calls a month during the season to even if it's just city fire coming one to one and a half that does that is not going to happen. This is not transitional. It does not belong here. Please deny this application. Good evening. My name is Gail Kennedy. I live in High Point section one. Um I don't have any slides but in the actual uh document the applicant's submission on page 16 there's a diagram that shows residentially zoned properties 300 ft buffer 300 ft buffer 300t buffer excuse me and myself and a number of my neighbors here it cuts right through our homes and our homes do back up to this particular piece of property um in the actual uh uh document itself. It states it's our backyards. It's actually our bedrooms and our back doors that will back up to the ambulance bay itself and any sirens and any noise um and communications on the ground. Um so I have a couple of my biggest concern right now is the appropriateness and the compatibility to the neighborhood um of this uh proposed facility. I know that JFK has two other uh freestanding EDs in Palm Beach County. One is up the road at Jog at Wulbright at the shops of

Wulbright. Um the surrounding community and the 15 acre multi-use. I'm sorry I don't know all of the lingo here, but there are shops. It's next door to a Publix which has uh deliveries 24/7. Um it was built at the same time that the surrounding communities were. So it's uh they have uh uh uh fully integrated within those communities. The one in Palm Beach Gardens is a 40 acre multi-use project that actually has lux condos as part of it as part of one of the phases. So all of these people at both of these sites and these areas were aware of what they were buying into. They were new communities. They're I think the sites are about 15 years old. Um uh rapidly expanding, rapidly growing. So yes, it makes sense. We are a 52year-old community or 53y old community and the surrounding communities across Atlantic Avenue and um next door to us are in the 20-year range. Um and this is literally stuck in here like a sore thumb. So I am concerned about the compatibility um uh of just having it there in general. We are aware that we have Delray Medical down the street, basically a mile and a half from us. And um I think I uh am concerned about the buffering, the noise. Um I be very frank with you. I'm the the statistics that were used for traffic and the estimate of number of ambulances per day I just find specious. I have no idea what it's based on, if it's based on these commu two communities or not. And uh I am concerned that it's appropriate for us. So, thank you for listening. I appreciate that.

Uh Craig Spadec uh 33445. Um, so I'm the immediate neighbor uh to this proposed project to the east. And uh I remember 13 years ago coming before you guys to get uh my dental office built there and you would have thought by the response I was building an amusement park. Uh I had massive levels of upset people um around because of the intensity. And I'm not here to speak um beyond what I understand of the project, but I can tell you uh for 50 years, the time I've lived in Delray, this has been a completely um unoccupied parcel. It's not landscaped. It's not like a wildlife preserve by any measure. And I've been the caller to police and others because of the dumping, the you know, people people just treat this vacant parcel as whatever. I've had abandoned vehicles. We've had suspicious vehicles. I've called police out before. Um, we've had a lot of just, you know, people dumping refues over there. There is some level of of improvement. So, there's like fire hydrants and septic and sewer sticking up. And if you go around and joy ride or whatever people do late night, they hit these things and they've damaged water lines and stuff like that while I've been the neighbor there. And um look, if I had my magic wand, I would think of things that I'd like to put there, but for the entire 50 years that I've lived in Delray, I've never seen any movement on it. So, I'd love to see something. Um I can't speak to the effects on the community sensitive to that, but I do know that um High Point when I I don't know if some of you guys were there when I tried to build the dental office, but it was not a very favorable reaction, but and we we managed to get along as neighbors. And I can't speak to more than just the fact that uh when I visit EDS and when I hear ambulances, they're very inconvenient, but if a loved one

was in one, I'd be um praying for their their their uh ability to traverse safely around town. So, um it's a complex project. I know you guys are weighing on uh um the 24-hour rule, but for me as a neighbor, I would love to see something there. I think the blighted nature of vacant land and the attractive nuisance that it creates by not having um lighting or anything like that is a detriment to to the community. So um you know I'll let you guys do your job but I just wanted to pine on it. Thank you. Thank you.

Eric Cleverman 33484. I'm a cardiologist in Delray Beach. been practicing here for 25 years and also serve as the chief medical officer for the Palm Beach Health Network and I practice out of Delray. I want to focus on the role of freestanding ERS and the specific role for an institution such as this. There is no doubt in communities where access to urgent appropriate hospitalized health care. Freestanding ERS clearly have a role. They have a place. They have a need to serve our communities. when you're going to place a freestanding ER within a few miles of a full comprehensive medical center that offers comprehensive cardiovascular care, a comprehensive stroke center, a level one trauma center, one of the few within Palm Beach County, one has to question the need and potentially the confusion it creates specifically not only for the ambulance traffic, but for those walk-in patients. for the patient who I see every day who comes in not sure if they're having gastroenteritis, a stomach ache or in reality having a heart attack as we took to the kath lab this morning or somebody who comes in with a little numbness in the finger who in reality has a stroke and any delay in care we know relates in lost heart muscle or lost brain tissue heart time is muscle time is brain just to give you a few examples and we'll talk a little bit more about access to ER time at Delray our current door to balloon time meaning from The time you walk in the front door or the door to the emergency room to the time we're opening your artery in the cath lab is 47 minutes. The national goal is less than 90 minutes. The time from the time you hit the door to a CT scan if you have a presumed stroke is four minutes. Goal is less than 10. Door to evaluation by the stroke team 6.8 minutes. Goal is less than 15 minutes. Door to puncture if you can't be treated with medications but require an intervention for your stroke is currently 65 minutes. The average in Palm Beach County is 71 and the Florida Stroke Registry is 77 and for all comprehensive care centers in the state of Florida for stroke 72 minutes. It is important for our patients to know where

to go, to know where to get the urgent access they need. If they come to a freestanding ER, which is just a few miles from a comprehensive center, the delay in treatment is going to be significant. Even if identified quickly, they then need to be transported to a center where they can get appropriate care, get the thrombolytic therapy, get the intervention, an intervention that cannot be offered at a freestanding emergency room, and is going to jeopardize the health and livelihood and well-being of our patients. It will impact their quality of life and frankly increase their risk of dying. Thank you very much.

Good evening, Heather Hbertac 33484. I am the chief executive officer at Delray Medical Center. I do want to address some of the comments that were made in the proposal because they were not factual. There are not long lines at Delray Medical Center for patients that are coming in to seek emergency care. Just as my colleague Dr. Lieberman said, freestanding emergency departments do make sense in communities where they're lacking access. We are within 3.1 miles of a comprehensive fullervice hospital. When a patient comes to Delray Medical C Center's emergency department, from the time they walk in the door, on average they see a provider within 12.7 minutes. That certainly does not show that people are waiting in lines outside the door and that there's a lack of access. Patients that are just going to be treated and released have a discharge length of stay, meaning they stay in the emergency department on average of 172 minutes. our fire rescue partners when they bring patients to the hospital, we monitor something called wall time. So, we want to make sure when our EMS partners come to the hospital that they're back in the community as quickly as possible so they can serve more people. And on average, that time is 6 to 7 minutes. So, we do a phenomenal job with service. Like Dr. Lieberman said, we serve a more elderly population in Delray Beach, especially in that surrounding area. So they have a variety of comorbidities or complex conditions that can look like something minor but then turn into something very serious and we want to ensure that we don't cause confusion in this community and delay care and delay the outcomes that we are very proud of at Delray Medical Center. So I just want to clarify some of the facts that were presented because we certainly do not have an access issue or a wait time issue or patients waiting

um in lines outside the door. So, thank you.

Hi. Um, Barbara Milano um on the board of High Point Section 1. I'm right behind the wall and uh we have a lot of our um um owners um that couldn't be here today that wanted to be and um they all are concerned about uh all the items that were addressed with the the traffic quality of life and the um just sitting like being in the parking lot and people talking and the ambulance when they come in, um, they're going to have the lights on. They don't turn the lights off. And I I know sometimes they turn the sirens off, but there's still there's still going to be noise and lighting, um, pollution. So, I also want to mention the fact that I think this whole justification statement is based on flawed information about 1.2 ambulances. say that doesn't even make sense to me. This is an application for a freestanding emergency department. It's not like one a MD doctor um facility and they're going to you're going to get more than 1.2. I don't know where that number came from. It seems kind of made up, but what do I know? All right. Thank you.

Brian Rooney 33445 also High Point. Um I'm also in the medical field um but in different capacity than the Delray Medical Center staff. Um I've lived in Delray uh 15 20 years. I happen to work on the grounds but in different capacity. Um number one serving our community. They've been here for a long time. You know, East Bokeh has a hospital. West Boka has a hospital. Bethesda East, Bethesda West. We have Del Medical East. There's nothing west. JFK can go west. Great for them. Um, I see a lot of discharges from the hospital. No fault to them. Mental health, drug related, out with gowns, paraphernalia. So, this is a retirement community. Look at the slide. The communities are all around there. We already have a crime problem with our community and surrounding community. Um, it's not gated. I'm surprised that the Seagate Hotel or the Seagate Country Club is not here right now because traffic right there. How are they going to get in and out? The light at Homewood and High Point Boulevard already the city is expanding because it's the deadliest intersection in our city. My car insurance already says it. It's triple if anywhere else in Del Re. You guys know it. They're already expanding. How are they going to get in and out? There's no light there. They have to go up to Hamlet, turn around, or cross block the high school kids. They walk every day. You're going to have traffic fatalities, pedestrian fatalities. We already do all the time. It's absurd. Really, truly absurd. Um, so and again like we said, it's in our backyard. A tree buffer is going to do nothing. Delray garden center can hear

their chickens and parrots and whatever. So ambulances and whatever, it's going to happen. They're going to be in our community. It's It's not good. It's not good at all. So, thank you so much.

Good evening. uh Lynn Tartaglia 3345, a member of section 1, uh prior uh president of the community for 5 years until 2024. We're a community of bluecollar people where I'm 71 and I'm probably the junior league in there in terms of age range. Okay, people have moved there from all over the country. They come down there to have some time after they work their whole lives and just relax their little piece of heaven in Florida. Del Rey, the city, the the friendly town by the sea. That's all we wanted and it's all we want. Now, I want to focus on the 24/7 piece of this because I apparently that is what you're here to decide really is whether you want to have an exception to that rule, not whether any of the other stuff happens between 9:00 a.m. and 5:00 p.m. when Dr. Spodak is doing his medical stuff. He's not in there at 3:00 in the morning with the drill going. You know what I mean? So he's not going to be impacted by what happens between those hours of 11 at night and 7:00 in the morning. But we are we're a non-gated community. We don't have any place when people pull in our driveway. They can't just say, "Oh, wrong driveway." And turn around. They have to go all the ways down the middle of the the community and turn around at the end and then pull out again. So there's no place for them to turn around. walk-ins and folks from downtown and the communities that you we all know live along the sides of Route 95 these days. Those folks with the drug uh issues that happen in those areas, we've all seen it. That's where they're going to walk. And if they get that far, sometimes that community decides, I'm going to walk till I don't want to walk anymore. and a nice dark place out back that's behind this facility that nothing is built in

there yet. Looks like a great camping zone to me. Finally, we are surrounded by noise. Surrounded by noise. We have the high school. Come to see Friday night band practice with us or football games with us or soccer games with us or any other kind of community event that happens at the high school. I can hear the traffic on 95 all day and all night when they rev up those motorcycles on 95 and West Atlantic Avenue, I can hear them from start to finish. So adding more noise to that for us is really a a real offense to our peace of mind. The one thing we came here for, I think to finish, the woman who spoke earlier said it best. Most of the buildings that are going to be in proximity to this, we'll face them with their bedrooms. That's their bedrooms. The bedrooms are in the back of those units, and that's what's going to be listening and seeing the sound and hearing the noise that's coming through. We ask you, please find a different place for this. We don't mind that area getting developed. It's the way of the world. I wish you'd make it a dog park, but other than that, we'd like it not to be open between 11 and 7. Thank you. Richard Richard Iglotti, 172A, High Point Terrace West, living in Delray Beach. Uh, of all the presentations that we made, I guess I'm going to ask the only question. Why does JFK want to move into this area? Why do they want to be down here when they have the whole operation where they

are? And we can take them to we can take injured people to that observation, that um location if we need to. But why do they want to move down here to disrupt everybody living here with lights, sounds, speeding? Um, Atlantic Avenue is not one of the safest roads to travel on. There have been so many accidents and the speed is horrendous. And now we want to put ambulances there. We want to put police cars there. Why? To do more disruption to the people living there. I've lived there. I've owned there since 1985 87 and we've never had this situation. Never had this situation. So my question is why would we allow JFK to move into this hospital in this this area if they're doing well where they are? And uh you know there is just so many different things that affect the people. Um that be one of them. That be one. The lights, the sirens, the sounds, that be another one. And then there's going to be an additional movement later on for the same thing. Why would we do that? Thank you.

Is there anyone else who wishes to comment? Seeing no one, public comments closed. Uh Mr. Roach, Miss Osri, do you have any uh cross-examination of the witnesses or rebuttal? None from staff. Thank you.

Good evening. I'm the affforementioned Brian Seymour that Mr. Roach mentioned. Um uh it's not really rebuttal per se because frankly we covered all of the issues. I will just explain the 1.1 to 1.2 is not a guess. The reason it comes out to a weird number is because it's based on data that's collected from the FSEDs that are operated. So, it's it that's a factual statistical number that that we created. That's why it comes out very odd, by the way. Um, we're not going to chop an ambulance up into to 0.1 ones. Um, but, uh, what I want to offer specifically is for High Point. Um, that's a there was a lot for, and I'm going to I'm not going to try to pronounce their lawyer's name. Um, I wrote it down, but by the time I got from my seat to here, I I already lost it. But I'm happy to sit down um with with High Points representatives and see if we can come up with the right kind of buffer. We can certainly do some additional buffering. We did and we can agree to the condition on the site plan by the way to the buffering that we've proposed. We can walk through some of those issues. We can uh talk about the lighting. It will all be internal. There's no spillage. There's all these things that we will make sure happen um so that we can accommodate for those issues. Uh we do understand those concerns. We hear that. Uh the anti-competitive issue is a complete other issue, but the actual impacts to the neighbors, we're happy to sit down and talk with them before we hit to the city commission.

Thank you. All right, board comments. Mr. Katz, you start with me? Yeah, I'm going to start with you unless somebody else wants to start. I I'll start. Um I have a couple questions. I have a question to the attorney. Um, the applicant mentioned numerous times that they were allowed by right for this use. My understanding is that a conditional use is only vested upon a approved conditional use for right to a property. Well, I think Rebecca could answer that question better. Sure.

Yeah. So, the medical office use is by right. the 24-hour portion of the use is conditional. And so for the case though of of this particular request, the 24-hour part of the use um is crucial to the operation of the medical office due to some state and federal requirements for the emergency room use. But the medical office uses by right,

right? So we medical office is by right but a 24-hour use is not vested right. So just to remind and I hear this a lot from applicants when they come up for conditional use they're under oath please I ask of them to tell us the whole truth. I get they say part of it but when they're asking to say hey once it's approved as a conditional use then that property has vested rights but until a conditional use approval is they don't have vested property rights and because it says subject to a conditional use approval they have the right to apply um I just it seems like this is the second or third meeting in a row we have applicants saying they have a right whether we say yes or no that's not the truth

I think in this case the applicant is accurate whereas we can debate about the other one another day but um medical office it's a medical office is but 24hour has to be approved conditional use correct so it's a little bit muddled and we allowed them to proceed with this beforehand prior to the whole site plan just because of of the nature of the request but it's a weird uh chicken and egg sort of thing but it is not unfactual to say that the medical office is by right. It's very rare that we would see where they're so closely tied together. Can I ask you a question? Sure. Interrupt you.

Just so we understand what we're what we're deciding here. Just a 25. Are we only deciding whether or not there can be a late night use or are we deciding that there can be a emergency medical center there? The late night use itself. So all we're approving is a late night use at that location. Correct. But if there are things about the operations of that use that you think could be mitigated by conditions being imposed by the board that you're allowed to do, but it's not the medical part. It's just the 24-hour part. Okay. Thank you. Sorry.

Great. No, thank you. And I I just I I I want to make sure we're clear on what we're approving and and you know, whether we have to approve or or we can listen to those conditions. Um I I to Mr. Dr. Spodak, sorry. Um when he was up here previously, you know, to get a uh a recent change to his, I actually made a comment, I'd love to see something go on that empty piece of property. When I first saw the it come through, I was like, great, there's something on that property. And then I saw the 24-hour part. So I had other concerns and I did say if if the neighborhood because it is an older population surrounding this neighborhood. If they felt, hey, they could you this would be good for them, right? Potentially to have, you know, a 24-hour use. If they came out here and said, "Hey, we want this. This is great for us. We don't have to go all the way three miles to Delray Medical Center. We could we could go right across the street." It doesn't sound like that is the case. Um they're definitely not coming here saying that they really want this use. Um we have to also consider let me get down to the bottom is will this have a significant impact on the on the neighborhood? And I think that the 24-hour portion will. Um I like I said I I would love to see just a medical office there even. you know, I don't think you need another urgent care because there's about 10 within a mile, I think, of this space of urgent cares, but if they wanted to put an urgent care or something like that, it might make more sense that's not open 24 hours. Um, I'm just I don't think it's appropriate. I think it I think I heard somebody say even out west, like west of Delray, there is, you know, like Lion's area, there's nothing out that is a barren land. That would make a lot more sense. But we do have Delray Medical Center within 3 miles. Knock on wood, I haven't had to go there in a long time. And um

but I have not heard, you know, that people are lined up there for hours. Um and I think the CEO shared data that says differently. So um I'm not inclined to approve this tonight. Thank you. There's no need for applause. We all have our opinions and we're all and you might not agree with all of us, but please respect everybody's opinion whether you agree with it or not. Oh yeah. Thanks for that comment, man. Mr. Chart, not very much. Mr. Chart, um I've got a number of questions. Uh would it make a difference?

Yeah, you're on. Um, if the ambulance bay was flipped to the south side, so you then have uh at least some blockage of the alleged noise uh and it would not be as close to the community is uh from the applicant's point of view, would that be a possibility as a condition of of approval? Mr. chart. Who are you asking? You're asking the applicant. Okay. Do you want to get up and respond?

So, to be fair, I'm not an architect. Um, but I you know what it would do would flip. So, the primary entrance for the uh people who drive themselves would be on the north side because you can't have the Amazon. But is it possible to do it's it's I I suspect it's possible. We'd need to check with the architects. um we can evaluate that if that was something that would be helpful.

Okay. The the reason I ask is that uh the community's lawyer has suggested a number of conditions of approval. Uh the canopy trees, uh the hedge, the security plan, uh a maintenance are all those things that you would be willing to consider. Um, I would suggest the vast majority of them. There are things that we can do. I'm not sure I understood all of it, which is partly why I'd like to sit down and talk like two hedges. Um, what constitutes mature trees? Typically, when you deal with trees, you're talking about, you know, how how high and the the width of the um the trunks and things of that nature. I don't know what the market allows. I mean, a full mature live oak could be a 50-year live oak, right? So, we'd have to go through that, but I certainly that's why I want to sit down and see if we can figure something out with him and and try to come up with something that would work. The

challenge there is we're trying to make a decision tonight. Well, you're making a recommendation tonight, I think, is so if you were not to vote in favor of it, the request would stop dead unless the applicant appeals. However, if there if the board felt there was a need for there to be a site plan, a detailed site plan associated with it, you could continue it to the next meeting. That would be cuz I think the our landscape regulations are quite robust in terms of tree size and I don't want to sit here and try to have the board maybe even require something that's less than what we require. So I think if that was the route you were going to take, continuence would likely be preferable,

which is something we certainly can do. So, if you wanted to continue this so we can go back and we can bring the details. Okay. So, that that condition those conditions could be much more detailed based on what the plans could look like. And in that time, we'd certainly sit down uh I did hear some people say they didn't care, but I would try anyway to to sit down with the attorney and see if we could figure something. Okay. Um, excuse me before you continue. I need to interrupt. Um, I've been told that we would like to take a quick five minute break. I just need to have a discussion with um the development services assistant director. So, I'm sorry to pause. I know I normally don't do this, but we just need a five minute. Okay, five minute break starting now. No,

As soon as we get everybody back. Price. Price. Price. As soon as we get everybody back. Price. No, I know, but we want to get going. Price wants to stay here all night. I'm going to I'm trying to move my flight to an earlier flight. I'm depending on the length of this meeting. meeting is the meeting is rejoined resumed. Okay. So information for

yes information for the board. Um so development services mentioned that they um accidentally forgot to include some important findings for you all that the board has to consider. Um so because of that the applicant has u made a request to move to continue to a date certain in two months. Do you want to add anything? Uh just the the date would be the 23rd. It will give us a time to you know answer a little more questions, put a little more detail, meet with the neighbors, you'll get your findings, put everything back together. Um so that would be 23rd of February. February. Do they need to Yes. Do we need some kind of motion or something or we just going to continue it? It'd be a motion to continue. Can we make have a discussion first or Yeah, if you want.

I would just add is I would ask the applicant. Um I hear a lot that we and this is not the first time recently where you know we'll go back and work with the community on things. Now you have a chance that we're going to move it is to work with the community, meet with them, meet with their attorney and the u the neighbors and see if you know you could change their minds and and see why they might want to support this might help. Doing that outreach in advance of coming here really helps us. So now that it sounds like you're going to get that chance. Yes, sir. I' I' I'd ask that you reach out as much as you can that community to see if they might never support you, but at least they may not, but I do have Mi I'm gonna Sparenzini. Yes. Oh, I have Mr. Sparzini's card. So, I did get it.

Yeah. And I will uh if I will shoot him an email when I sit in my car from my phone so we we can connect and uh we will take that time to go through some things. We'll go back to our client and ask about some of the questions that came up today as well. Okay. We'd like to move that we uh defer this matter until the February 23rd meeting. Second. We have a motion by uh Mr. Patton. Second by Miss Malikica. All in favor? I I All opposed. No. Good. Thank you. We have uh six to one in favor. Mr. Chard, none in favor. Mr. Chard voted no. You want a roll call just in case? Can we do a roll call? Let's go do a roll call.

Let's do a roll call. We'll do roll Just a since we don't we're not unanimous. Yep. Believe. Roger co. Yes. Mitch Katz. Yes. Der Strong. Yes. Jim Chart. No. Price Patton. Yes. Judy Malikica. Yes. Gregory Snder. Yes. That does pass six to one. And I just want to say that I think your attitude is excellent and as far as attempting to cooperate and solve the problem. Yes, sir. Um, it may or may not work.

I've been doing this. I've been doing this almost 30 years and I'm not quite at Mr. Cat Cat's hairline, but I'm getting there. But and and I'm not saying anything against the of course the community at all. I just think that totally understandable. Whatever. Yeah. the first time I met you. If I can make a quick clarification. Yeah. So, for the members of the public, we will not be sending a mailer out for this meeting because it was continued to date certain of February 23rd if for some reason the applicant chooses to move it to a different date than a mailer would go out. But for the purposes of now, no mailers will be going out for the February 23rd meeting. So, mark your calendars. Mark your calendars. February 23rd, we'll be here. What time? 5:00 p.m. 5:01.

5:01. I'm sorry. Yeah, it's 501. It's got to be Yeah. And thank you everyone for being here.

I'd like to get that just a little carries on the right track. Their lawyer was very Well, they should. I thought they probably should reach out in advance. Well, they probably Yeah, they didn't do enough, but I just I don't I can't see. Yeah, we'll see what happens. I think they didn't really We got Alexis. We're lucky. And we got Christine. So, we're really lucky. The matter of which part? Of course. Yeah. be highlighted so we know what wasitted.

I can tell them to do that. Yeah. Yeah. Rebecca, did you hear Are you hearing that or Miss Rosenberg, one of you read the file into the record. Yes. Um, good evening everyone. Hey, just a second. Yeah.

Hey, ladies and gentlemen, we're trying to have a meeting here. If you could go outside, please. Your items continue. We still got a bunch. Sorry. Please go ahead. Yes. Um, for the record, Alexis Rosenberg, senior planner. Um, I'd like to enter into the record file numbers 172-2025 and 174-2025, which is a land use map amendment and resoning for the properties at 2855, 2875, and 2905 South Congress Avenue. And we're here with Christina Bolinki, who's the agent for the application. Thank you, Miss Belinky.

Hi, good evening. Nice to see everyone again. Uh for the record, my address is 14 Southeast 4th Street in Boca Raton. Uh it's a pleasure to be here representing Delray Corporate Center this evening. Um so to put things into perspective if this works. Oh yes, sorry. Let's do exparte. I hate to interrupt you. None whatsoever. None. None. I did a drive by and my office was once in one of those buildings so I know it pretty well. I I drove by. None. Since I was going to Costco anyway, I did do a driveby. Okay. Thank you. Sorry. Go ahead.

All right. And I'm having technical difficulties here moving this along. I don't know. There's I drive by all the time. Yeah, I can say that for each of the

All right. Thank you. Okay. Um, so it sounds like most of you are very familiar with the property. Um, so we're looking at three parcels currently that make up the Delray Corporate Center. Um, it is 7.6 acres total located on the east side of Congress Avenue towards the south end of the city, south of Linton. Um, right now we have two requests. The current land use designation for the parcel is Congress Avenue mixed use. Uh we are proposing to amend that to the commerce land use designation and then uh separately we have a reasonzoning request. Currently the property is zoned MRock mixed residential office and commercial and we are proposing to change that to MIC um mixed industrial and commerce. And so there's a lot of history with the Mrock Zoning District um and the industrial nature of Congress Avenue. Um these pro these properties were built in the 80s. Um starting in 83 and then going on to 86. Um in total there are five separate buildings. They're just over 100,000 square ft in size. And so when the property was initially developed, it did have a light industrial zoning designation. Um in 1990, uh that was changed and updated to mixed industrial and commercial. Um but through that entire period, um industrial uses, light industrial uses were permitted on the property. Um, in 2006, uh, the city created the MRock zoning district and really, uh, the goal was

for com, uh, Congress Avenue to have really a mixeduse nature, um, with residential, with retail, with office. Specifically, uh, the goal was to have a lot of class A office space along Congress Avenue. Um, and ultimately that just didn't come to fruition as you know the city had initially expected. And what it did is it put a significant burden on the industrial uses that are in this area. And so the industrial nature of the property, those uses are grandfathered in. They're legally non-conforming uses. Um, but anytime there's a vacancy, if that industrial use is abandoned for more than 180 days, uh, then it's no longer permitted on the property. And often with industrial uses coming in, um, just by nature, they need a little bit more time. 180 days is quick for a tenant to turn things around, make the necessary improvements, and, uh, get their certificate of use to be able to continue. Um so it's put a lot of uh quite a big burden on the property owner in securing their tenants. It puts a lot of pressure on uh proposed new tenants to uh be able to open in a timely manner. Um and ultimately um you know it's it's really impacted the industrial uses that are important uh to the city of Delray Beach. And so, um, I'm gonna skip that one. Really, the difference, um, again between the MIC and the MROCK is related to the class A office, the nature of the mixed uses. Um, so what we're proposing to do is essentially revert back to the industrial uses that were permitted on the property before the creation of the

MRock zoning district. Um, so going back to the MIC district, which is what the property was zoned previously, um, that allows the household furnishings and goods, um, the kind of showrooms, uh, for flooring and bathrooms and stuff like that, um, that are in existence in this, uh, corporate center. Now, um the MRock zoning district also has a general requirement that retail uses cannot comprise more than 20% of the total floor area. And so, again, for these showrooms that have, you know, large space for uh customers to walk through, it again puts a burden on them, limiting their ability to utilize, um kind of their space the way they need to. Um and so more recently, uh just a couple years ago, the city um engaged Street Sense and CBRE to re-evaluate the Congress Avenue corridor. Um really they wanted to see what the market demanded today. Um and again, they noted that that class A office space hasn't really come to the corridor. um the mixed use nature uh that was intended hasn't really come to the the corridor. Uh it's more so being driven by standalone residential uses um because of the high costs of the land. And then there are um you know these pockets and clusters of industrial areas that again um you know need to be supported. Um and so the streetscape study talks about that. Um it talks about specifically this area it calls it out as a light industrial cluster. Um it talks about uh providing

um you know marketing efforts to help uh bring awareness to those areas. Um adding flexibility to the Mrock zoning district to allow for light industrial uh uses. That hasn't happened which is why we're reverting we're proposing to revert back to MIC. Um and really it's saying that uh broadening the uses, allowing those light industrial uses again will support um the vacancies that are in there now um and support the important industrial uses in this city. Um so the staff report does go into detail uh related to the required findings. um the land use map. Again, that is something we are proposing to change, but there are uh numerous um objectives in the comprehensive plan that do support this change. Um for example, policy NDC 1.4.9 4.9 talks about um again analyzing the existing use land use and zoning designations of the um Congress mixed use area um and providing a balance of mix of uses uh that include commercial, industrial, office and residential. So again, the industrial is an important component of that and protecting um commercial and industrial land uses to maintain and enhance the job base. That's policy NDC 2.3.7. Um in terms of concurrency, again, the staff report goes into um water, sewer, solid waste, all of that is being met. Um, and when it comes to traffic, when we're looking at kind of the maximum development that would be permitted under um the existing future land use designation versus what's being proposed, it's actually a decrease in

traffic um by 31,32 daily trips. Um so the industrial nature of uh the uses is much less impactful than uh what could be developed there in under the current land use. Um and compliance with the LDRs um again any development that would be proposed in the future would need to comply with the land development regulations. Uh in terms of the resoning, um valid reasons uh to support a resoning include that there has been a change in circumstances which makes the current zoning inappropriate. And again, I think we've seen that, you know, the city has really tried to bring their vision for the MRock uh zoning district along Congress Avenue into fruition. It just has not happened. It's again been a burden on these industrial areas. And so now with that streetcape study that was done um we see the importance again of these light industrial areas and um it is a more appropriate zoning district. Um and so that's that's essentially it. I have the summary of the requests again on your screen. Um and I am happy to answer any questions that you may have this evening and certainly appreciate your time. Thank you.

Thank you. Miss Rosenberg.

All right. Good evening again. Um, so I'll try and be brief going over the site information again, um, because Miss Malinki summarized it pretty well. So, the subject site is comprised of three parcels totaling, uh, 7.6 6 acres. It's currently constructed with five commercial office warehouse buildings um that together equal 102,632 square ft. Uh the current land use map designation is Congress Avenue mixeduse and the current zoning is mixed residential office and commercial also known as MROCK. The request is for a small-scale land use map amendment uh from Congress Avenue mixeduse to commerce and also privately initiated reszoning from Mrock to mixed industrial and commercial. So the image at the right shows the surrounding areas. We have office and storage to the south, the Delray Oaks natural area to the west, multifamily uh Delray Oaks West to the southwest, and then vacant property to the north. And then briefly going over the history um as stated the uh current development or the current structures were built in the 1980s. Then in 1989/9 or 1990 um the three parcels kept the commerce land use designation but were reszoned from light industrial to uh mixed industrial and commercial. And then again in uh 2007 with the city initiated a land use map amendment and resoning it got a Congress or a mixed Congress Avenue mixeduse land use designation and an MRock zoning designation along with uh 62 other parcels along the Congress Avenue corridor. So here is an image showing the existing land use and the proposed land use um

from Congress Avenue mixed use to commerce. Um Congress Avenue mixed use is intended to accommodate a variety of commercial office and residential uses. There's a base uh density of 40 dwelling units per acre and it can go up to 50 dwelling units per acre with a revitalization incentive um which includes workforce housing and the maximum floor area ratio is 2.5. The proposed commerce uh land use designation on the other hand has more limited uh residential density goes up to about 24 dwelling units per acre if there's in certain areas and then it has a maximum F of 0.6. six. Then here we have the existing and proposed zoning from Mrock to mixed industrial and commercial. So the existing MRock zoning uh similarly to the land use it accommodates more transitoriented residential development, commercial and office uses as well where the proposed uh mixed industrial and commercial that uh supports more light industrial uses um limited residential and some office. So going into the SAP analysis for the land use map amendment um pursuant to the always delray comprehensive plan the uh proposed uh mixed industrial and commercial zoning district is an implementing zoning district of the proposed commerce land use designation. Um the existing sorry the existing Congress Avenue mixeduse uh land use designation does not support a lot of the lighter industrial zoning districts uh that are in the city. Also going into the concurrency review um the schools water and sewer solid waste drainage and parks and recreation uh have been met. most of which uh will

also come into play if a site plan amendment is proposed. Just narrowing in on traffic a little bit um as Miss Bolinki said. So this charts from the submitted traffic impact analysis and it highlights uh when it comes to a resoning or land use map amendment. We analyze the most intense uh development that can be proposed under the existing and the proposed uh land use and zoning designation. Um so going under the existing applying a 2.5 maximum floor area ratio which is currently permitted and the 40 dwelling units per acre um the most intense development could result in uh possibly 33,239 daily trips where proposing the uh mixed industrial and commercial zoning district with a 6 F um and 24 dwelling units per acre the most intense development velment could generate around uh 1,937 daily trips. So that does equal in a potential net decrease of um a little over 31,000 trips going into the consistency with the Delray or always del comprehensive plan. So the plan emphasizes on the importance of preserving a lot of industrial um properties throughout the city and also fostering a balanced mix of uses along the corridor. Um, initially that is what the um, existing land use intended to do. Um, but as stated through some of the recent studies that hasn't been accomplished. Um, originally the uh, Mrock zoning district was intended to attract more class A office space, but it seems that more class or B office space um, might be more supported. um light industrial and home improvement clusters and also standalone residential development along the corridor. Um we see an interest in that as well. And while the Mrock zoning

district reinforces highdensity residential development um and also a variety of commercial uses, uh the zoning district doesn't support a lot of the light industrial zoning or light industrial uses that the comprehensive plan puts emphasis on preserving. Uh, additionally, just going into the Congress Avenue strategies plan, which was prepared by CBRE in 2023, um, it provides a market informed and retail strategy recommendations for the corridor. So, the specific site is located in sub area 4. Um, so they have uh different characteristics and recommendations in the bullet points below. So you might see uh 100% residential projects, standalone. Um also more horizontal, not vertically mixed uses. Um and then also it says the MROCK zone is interrupted by industrial zoning or existing light industrial clusters. Uh zone is MRock are unsupported. The site is uh also within an industrial cluster and it's classified as a home improvement and light industrial zone. So, it's uh etched out in the red dotted square at the bottom of that diagram right there. And um the site is also within an affordable housing housing incentive area due to its distance from the tri rail which is almost 2 miles. Under the existing MROCK zoning and factoring in the possibility of a live local act project, the site is at risk of being converted from light industrial to fully standalone residential. uh going into the valid reasons for potential zoning change. Um as Miss Baleni stated, the applicant is uh proposing to go under all three uh criteria for it being uh established an error, also a change in circumstance and

that the proposed zoning is more appropriate for the subject site. um going into the specific standards for resoning as well. So in the staff report, criterion A and B and E are not applicable to the request. Um criterion C advocates against requests that would result in strip commercial development. So the existing zoning district and the proposed zoning district could allow uses that would result in strip commercial. Um however, no site plan's been proposed in uh concurrent with this request. And then criterion D requires that all resonings um shall result in allowing uses that are deemed compatible with the surrounding area um and that are sufficient regulations do exist to mitigate any adverse impacts. So, as mentioned, the mixed industrial and commercial zoning district. Um, it allows for a mix of commercial, office, and industrial uses such as manufacturing, fabrication, wholesale distribution, uh, service industries, and it limits residential development to 24 dwelling units per acre in certain overlay districts, which this site is not located in one. Um, these uses are compatible or generally compatible with the surrounding areas. Um we have a chart at the bottom right which goes over um the immediate adjacent uses and their land use designations and zoning districts. Just wanted to highlight because I believe this had came up before in a similar request um that certain uses of concern such as adult entertainment centers and um CBD oil establishments. Those uses are allowed uses in the MI the proposed MIC zoning district. However, they would not be permitted that this specific site due to specific um require distance requirements in the LDR. Uh those distance requirements are minimum distance requirements from residential zoning districts.

Okay. So in summary, um some considerations uh for the land use map amendment is to consider whether the request of the commerce land use designation is consistent with the applicable goals, objectives um and policies of the comprehensive plan, whether the requested commerce land use allows the most appropriate development to fulfill the remaining land use uh needs. And then for the resoning, whether there's been a change in circumstance on the site or within the neighborhood that renders the Mrock zoning district um inappropriate and whether the requested zoning is of similar intensity um allowed under the Congress Avenue mixeduse land use designation and is more appropriate for this property. Going into just review of others. So the applications were transmitted to the interlocal plan amendment review committee back in October with no objection and if there is a recommendation of approval tonight. Um we anticipate these applications going to January and February city commission and then just hear a summary of the board options and that concludes my presentation. I'm available for questions. Great.

Thank you very much. At this point, is there any public anyone wishing to comment on this? Seeing no one come come forward. Public comment is closed. Congress and Christina's not here. I can't believe not in red. Yeah, it's too far. So, uh, does the staff or applicant have any rebuttal? No rebuttal. No rebuttal for me either. Okay. Board, who wants to start? I'll start. They didn't get a chance last time all night. Yeah, I I got cut off in the middle. So, I'll Okay. They haven't presented the landscaping. I know.

How many trees?

I wasn't going to talk about trees. Um, I do want to thank staff for, you know, mentioning the uh longforgotten Congress Avenue Task Force report in in the report because there's a lot of hours spent on that. Uh this one's a no-brainer to me and the the reason is I think there's a great deal of evolving concern in the city that residential is squeezing everything else out and uh uh certainly in the discussions on the visions 2035 uh that is a major concern and I think this is is a step toward uh solving solving that concern. My only two kind of issues. One is does this come close to constituting um uh sort of single use zoning? I'm I'm not spot zoning uh because it's really only applies to this area. And if it if it does, I'm not real concerned about it because you the applicant said that we've been trying to get that this changed for years and no change has taken place. But I mean, it just seems to me like it is really spot zoning.

So, we did look at that as staff. Um, what helped was it was three parcels coming in, not just one in a sea of uh other Mrock zoning districts. And there has been talks about looking at the rest of the corridor because we've seen similar applications come in um I think within the last year and some more might be coming in. Um so we'll be looking

that's encouraging. Um the other thing is there was language in there that uh talked about um light industrial-home improvement. And that just concerned me uh that we would be limiting in effect light industrial to home improvement. And there's all sorts of home uh light industrial out there. I breweries are light industrial. Uh pharmaceutical compounding is light industrial. 3D printing is light industrial. So it seems like the city in some ways is closing the door rather than opening the door to jobs and light industrial.

Yes. So um I put the image up back on the screen with the diagram. So it does show the home improvement light industrial cluster that you had mentioned. Um correct me if I'm wrong, Rebecca, but I think this was more supposed to show where these opportunities can be. not necessarily limiting to these types of uses are only allowed in this area but more of this is where these types of uses can thrive. Okay. Thank you.

And also uh as part of the whole analysis of the corridor they identified different areas where there are existing industry clusters and where we needed to look at revising the regulations. Ideally, we we do have it in the plan to update the uses in Mrock, but in the intermediary time, I think to make some of these businesses able to be productive land uses um based on their characteristics, which haven't changed since Mrock was, we um this is an alternative way to allow them to continue that use that's existing on that site. Not that we couldn't do other uses, but to support what's already there better.

Thank you. Very nice presentation. Thank you. You want me to go? Yeah, go ahead. All right. I just have a couple questions. One, currently is this this land under the live local act where they can utilize the live local act current under current zoning? I believe because it's mixed use applies to live local. So I believe yes. No, the MROCK that it's under right now. Oh, Mrock. Let me double check website, but I think it can because

Mrock is the zoning district that we turn to for live local. So, there's not really to establish the maximum density uh because it has the highest density without incentives cuz even though CBD has up to 100 dwelling units per acre, you can only get there through doing certain things. So, this is the live local density. So if someone wanted to do 100% residential, they wouldn't need to do live local currently. Currently, no.

But if they change it, so it's not really changing. What I'm worried about is that we're going to I all in favor of more industrial. You know that. So when I hear more industrial, I'm very that sounds great to me. I just want to make sure we're not taking away our rights potentially because this live local act still scares me and, you know, gives a lot of opportunity for taking all local rights away. So yeah, I mean that's my concern. Yeah, right now they could do 100% residential anyway. So

okay, it's um it would be more steps to get it to I Well, so either way you're not necessarily losing anything in terms of residential, but it's possibly gaining something in terms of adding to some uses that are currently a little restricted. That really helps me in my decision. Do we have Do you know what's planned there? Are we allowed to I don't want to I know I can't weigh my decision, but are we allowed to share with So So really, this is intended to support the existing uses that are on the property. Oh, like we did with the others we changed recently. Yes, exactly. Okay, then I have no problems with it. Okay, Mr. Co. Well, I'm with Mitch and Jim. I almost defer to Jim, Mr. Mr. Congress Avenue, you know,

right? But everybody goes through that. But so so um two lane Congress. I'm in I'm in favor of both the uh the amendment uh adoption and the reasonzoning change. That simple. Great. No comments, no questions. I'm in favor. All of my questions have been asked and answered. Yeah, I'm in I'm in favor, too. It's um it's a difficult piece of land because it's just so narrow there. Um but u remember going to a ribbon cutting at that call center. Sad it didn't survive. But anyway, yeah, I'm I'm supportive of both changes as well.

Yeah. My my only question I had in this whole thing was why we were doing it and you've answered that in the beginning and uh I can support it. Can we get a motion? We need to do these one at a time, don't we? Can we get a motion to change for the land use amendment? Move a recommendation of approval to the city commission of ordinance number 05-26, a privately initiated smallcale land use map amendment from Congress Avenue mixeduse CMU to Commerce CMR for a 7.6 6acre property loca located located at 28552875 and 2905 South Congress Avenue finding that the amendment and the approval thereof is consistent with the comprehensive plan and meets the applicable criteria set forth in the land development regulations.

Second. So we have a motion by Miss Mus second by Mr. Chard and Miss Miller. Would you call the role please? Roger cop. Uh yes. Matz, yes. Dig Strong. Yes. Yes. Jim Chard, yes. Price Patton, yes. Judy Malik, yes. Gregory Snider, yes. That passes seven to nothing. Thank you. I move a recommend. Oh, yeah. I got I got to do that.

I move a recommendation of approval to the city commission ordinance number 04-26, a privately initiated reszoning from mixed residential office and commercial MROCK to mixed industrial and commercial MIC for 7.6 6 acre property located at 2855, 2875, and 2905 South Congress Avenue, finding that the request and the approval thereof is consistent with the comprehensive plan and meets the applicable criteria set forth in the land development regulations. Second. Second. Okay, we have a motion by Miss Musak by Mr. Strong and call the role, please. Roger Co? Yes. Mitch Katz, yes. Strong. Yes. Jim Chard,

yes. Price Patton. Yes. Judy Mullica. Yes. Gregory Snder. Yes. That also passed the seven. Thank you very much. Appreciate your time. Take a break. Thank you. One thing I really I one thing I noticed there were more than three addresses when you when you go in there. Each each building had a separate so I don't know if there's a technical technicality problem there or not. No. So there each parcel has its own address and then within each parcel there each building has separate addresses assigned. So, but the three addresses will suffice to cover all five properties. Correct.

Okay. We could look at uh ready pinball. Mr. Rodriguez, if somebody would think I wish, you know, good evening. That's Robert Vento. He's not here.

Good evening. I'm John Reed represent Get We need to read it into the record first. I'm sorry.

Senior Planner introducing file 2025203, a conditional use modification. Thank you, Mr. Rodriguez. Is there any exparte on this? I have not been in a while, so I'm not to this subject, but I I mean I did um we were part of the original approvals, so I'm very familiar with the site and I've had I've been there thousands of times. So true. None not since I uh I went to the silver ball and uh to look at what this is going to look like when they get it done. Nothing. No. No excorte. None. Okay, John. Now, now you're on.

All right. Thank you. Uh, good evening. I'm John Reed from 970 Southwest 14th Street in Bocraton and I am with JSR Design Group and we are representing Silver Ball. And what uh we are looking to do is to enclose 874 square ft of the second floor uh which is currently a twotory open space. And um Silverball is as you may know is a um a vintage pinball and arcade entertainment uh facility. And uh what they are looking to do is to enclose a portion of it to provide uh pool tables and being used for other entertainment uh purposes as well. Um uh as you said the silver ball opened up in uh 2016 after renovating. The building was originally I think uh 1925 and um and then we are presenting tonight with the purpose of requesting review and approval for a modification to the existing conditional use for the commercial recreation establishment. And uh for Mr. Cat's full disclosure to the best of my knowledge we are asking for permission not a right as

and uh thank you. Um, I appreciate I I believe that is, but I'll defer to Rebecca in Brazil. And uh um tired of that.

And uh in order to do this uh as you can see I'm guess familiar with the silver ball and its location and uh it is the property lines of it are the building itself. So all parking is uh city parking around it. Um, in order to do this, we are uh bringing up uh to meet all the plumbing requirements, which it currently doesn't meet, as well as we're bringing it up for fire code. We are enclosing one of the open stairwells to uh provide uh to bring it up to all fire standards. Um uh and then terms of the I'll leave uh Gazelle and Rebecca in terms of all the technical aspects of it. Um but the am I able to shift with this?

Um so the gray is one a pointer by any chance? Should be Do I push a button or how do I Oh, that one. The black one. There we go.

Do I aim it or I'm sorry.

Okay. the the shaded area on the uh second floor plan. That is what will be uh we will be infilling. And as you can see the pool tables up there for um are located there. It is over the pinball area. It's a two-story open pinball area. So that is what we're enclosing. Um the the areas in yellow are a bar area. So it um and the but that you know the basis is to provide enclose that to allow for more pool tables up there on the second floor. And then I guess I would defer to Greselle and Rebecca for all the technical data. Oh, okay.

I'm sorry. Were you done with your presentation? Yeah, I keeping it simple. That's it. Uh, that's it. Oh, okay. Great. Thanks. Thanks. And not quite as long-winded as a lot of people. I kind of And I was going to wear a red shirt today. I'm glad I didn't do that. Yeah, you're right. Uh please Mr. Vre.

So this is application 25 2025203. It's a conditional use modification for a commercial recreation facility. The location is CBD across from the railroad tracks. On the other side to the to the west is the uh remainder CVD and the OAD the servant the historical district area. The land use is commercial core. The central business district is the zoning and the current use is commercial recreation and that will not change. This is what the building looks like on the outside. No changes are anticipated at all. And the hours of operation of the building are Sunday through Thursday, 11 in the morning till midnight and Friday through Saturday, 11:00 a.m. till 2:00 a.m. the next morning. The request is the modification to add 874 square ft to the second story of Northeast Third A 19 Northeast Third Avenue. The expansion is to increase the total floor area from 8,325 square ft to 9,199 square ft. Also includes updated restroom facilities which will be added through building permit and the conversion of the existing second floor general use area to a6qt bar area. Parking will require one more space per but per the LDR section 4.413. 413 I2C the parking exception can be invoked and will be invoked to grant one more parking space on a onetime basis. Only one time per property can this exemption be given.

The history of the approvals for this is that in 2016 there was an an original approval for 7,697 square feet and the area subject to parking was 9 1,975. The formula that was derived at that time is that the food service areas plus 10% of the area where people could drink theoretically or carry their beverages 10% of that area. And that's how you got the the area for required parking. So this is how required parking was developed in 2021. That figure moved to 2,38 of square feet of area for parking. And today it's going to be 2,241 square ft of area for parking. This is the site plan that was proposed. As the applicant said, the gray area is the area that's going to have a new area. By the way, the I've been told that this makes it a second story. Even though there's still some open area for the building code and fire code, it is still an open area, but a mezzanine no longer.

All right.

Section LDR2.4.6 6 A5 the establishment of a conditional use. Findings that will not have a significantly detrimental effect upon the stability of the neighborhood. It's a commercial recreational facilities such as amusement game facilities are allowed as a conditional use per table LDR 4.413A. The hours of operation are as we said Sunday through Thursday 11 to midnight and Friday and Saturday 11 to 2:00 a.m. in the morning. and that it will not hinder the development or redevelopment of nearby properties. The arcade faces a railroad track and surrounding lots are primarily commercial parking area. So, and to give you a better perspective of where it sits relative to the central business district and the old school square historic district.

I think we all know

I think we know Okay. The CBD is the preferred zoning district for required findings under the land use map. The CBD district allows commercial recreational facilities such as bowling alleys, skating rinks, and amusement games and conditional uses. And table NDC1 of the Always Delray comprehensive plan. The preferred district for commercial court is the CBD. Required findings with respect to concurrency. There are no changes in water, sewer or drainage services. There is sufficient capacity to accommodate solid waste. Schools and parks and recreation are not applicable to this request. And the expansion adds one parking space which is allowed as an exemption in the CBD when only one space is needed. As we previously said, the consistency issue with respect to the comprehensive plan is that we can they continue to develop and redevelop the area to improve provide affordable goods and services which this establishment is not changing. It's just growing within. The other one is the downtown surrounding neighborhoods. It protect and enhance the village by the sea character of the downtown area. And under the commercial core land use designation, it stimulates the vitality and economic growth of the city to have this kind of an amusement there. And it supports the growth and development of small businesses as this is a small business who which is trying to become more sustainable. The required findings. Compliance with the LDR. The commercial recreational uses allowed as a conditional use pursuant to LDR table 4.413A. Approval of the expanded uses subject to the required findings in the LDR 2.4.6.

And these are your choices. Great. Thank you. At this point, the floor is open for public comment. And seeing no one come forward, public comment's closed. Does either the applicant or the staff have any rebuttals? No. Okay. Um, you look excited there, Miss B M. Go ahead. Yeah, this is going to be long. No questions, no comments. I'm in favor. Fine. So, uh, I wish this could have been approved. administratively somehow. But so here it is. Here it is.

I mean, it's this is interior only uh capturing. Yes. A portion of the you know the mezzanine, what once was a mezzanine. I guess we can't call it a mezzanine now. But but of course I'm in favor of it. The I think I heard some testimony by John that it was a 1925 building. I was always taught that it was like a like 1900, closer to 1900, but that's beside the point. It's an iconic building uh that has transformed from a ware a brick an all exterior red brick warehouse. It was a beautiful building at one time. It

was Han's warehouse, right? It was Hans warehouse. was hands warehouse uh that that uh morphed into city limits that morphed into an city

artist studio that then morphed into the silver ball museum and so that's what we see today. Uh we all love it. We all you know it's an iconic destination for a lot of people. I mean how on earth can we deny what they're presenting? It's it's they're expanding the second floor, making better use out of the the building and and I think apparently updating a few deficiencies inside with the the staircase and the restroom. So, I'm in total favor. You got great presentation by both people. Okay, Mr. Strunt, anything?

Uh, no. I mean, no harm, no foul. It's internal. Uh, it seems to check all the boxes. I'm fine with it. Mr. P. Uh, no. I'm I'm the same. I just maybe I I maybe I mis misccurred to you. I think you said that it's in the old school square historic district. I don't think it is adjacent to it west of it. Then I'm ass Yeah. No, I'm I'm I'm in favor of it, too. It's too bad it's not in old school. Yeah, they would have gone to HB and not us, Mr. Ch. Uh I'm in favor. Also, I do have a question. There was no mention in the staff report of inloo payment for this one parking space. So it was they don't have to require said

it it said they could have one more. It didn't say anything in the staff report about in the space is granted as an exemption. I understand.

Therefore inloo is not required. So when they came in previously they were asking the the use required more than one space. Therefore they had to do inloo. However this increases demand by only one space. And we have this uh policy in the LDR that is in there to encourage adaptive reuse of buildings rather than going through a much more dramatic expansion. So this is such a minimal uh expansion that they don't have to do the inloo. They're just exempt from providing it for this. It's a one time one time. You could never at least say if they somehow find many more square feet, they couldn't do it again. It's only for this one that they'd be allowed to.

I just didn't see there's any clarity around the the end of the show. I understand the one time one space. Um but uh get out of jail free card. I'm barking. Yeah. The other thing I'd ask, remember Roger, when we approved this, there was a whole debate between what is a billboard and what is a mural. And the outside of that building looks a lot different than what SPRA approved as a mural. I would go one step further. It's probably morphing right now as we speak. It changes every six months. It seemed to be changing which is fascinating. I think it's fabulous. Yeah.

Right. Keep changing. It had at one time, Jim, when it first had the mural, there were some questionable figures. Yes. You remember? I remember there that were a little risque, shall we say? So, those are no longer bothered. Hm. didn't bother Jim. Yeah, keep it going. Um, I first of all, so you are adding restrooms, right? That's correct. Correct.

Right. Which is I will tell you that's always been a problem there, especially I I held a large event there and that's always a problem there is finding a bathroom. Um, so that's a good addition. I I will say I listen I love the space, you know, that. Um, but I I hope this is the end of getting rid of that, like adding to that second floor because some of that charm of it is that open space, the noises, and I think if you completely end up closing off that second floor, you're going to lose that charm that it really I mean, it has I mean, literally, we do not if we have a visitor in town, every single visitor we bring to town, they go to Pinball Museum. and every exchange student the second we get an exchange student within a week of them being here they get to see the the museum so I'm definitely in favor but again just be careful as you're I know Rob once is tweaking constantly and and trying to keep it going but you know to keep the business going is important but um just got to be careful that charm because it is a it is a special place you want me to make a motion or do you want

I'll make a motion really don't have much to say I I I agree with the what you're saying about keeping the open space I think that's important But I also think that the pool tables are good. I think the pool tables will be a great addition. So obviously I support it if we could have a approved to request a modify a conditional use approval for Silver Museum located 19 Northeast 3rd Avenue to allow the interior expansion of 874 ft of commercial recreation use finding that the request is consistent with the land development regulations and the policies of the comprehensive plan. Second. Okay. Motion by Mr. Cat second by Miss Malikica. If you call a roll, please. Diane. Roger cop. Yes. Mitch Katz. Yes. Der Strong. Yes. Jim Chard.

Yes. Price Patton. Yes. Judy Malikica. Yes. Gregory Snider. Yes. That passes seven to nothing. Thank you very much. Thank you. All right. Guess what? No. We're not on this one yet. We get to see Miss Belinky again. And I don't want that anymore. Put that rest.

I have no expert tanks. comes up. Okay. If we Yeah. number 8D. Whenever you're ready, you can read it into the record. Mr. Abraham.

Good evening board members. Rafiki, principal, current planning. Uh I would like to enter into the agenda file number 2024- 228 for the link at 202 Northeast 6th Avenue and the applicant is here to present. Thank you. You better presentation. Uh exparte. So no uh and I also know that this is a an item that has come back before you guys and I was not here the first time. Let me let me start the expert. This this is a third time. Third time that I'm gonna hear some of you people. This is only the second time the presentation. Just kidding.

Um and that my experte is yes basically that because I visited the site back before the first one. I'm I'm wondering if there's some way we can reduce the length of the presentation based on the fact that we're really here only to talk about changes to the architecture. Okay. Haven't let's go through exparte. Sure. Haven't said all that. That's my exparte and everybody else's exparte other than seeing it before. Yes. I've visited the site. I've talked to the uh architect and to the landscape architect. Okay. And Mr. K said he has no experte. So Miss Banki, you're on again.

All right. Good evening again. For the record, Christina Balanki. My address is 14 Southeast 4th Street in Bocarone. Um here for the link. Everybody again is very familiar with the property. Um the zoning, the existing condition. So I will breeze through that. Again, just to um go back, it's 10 units being proposed, four stories. Um, we are meeting LDR requirements in terms of the development standards and obviously the focus of this presentation tonight is on the changes. So, I am going to pass it off to our architect to go over all of those details with you. Good evening. Um, as most of you know, uh, on our meeting of September 16th of this year, uh, this board requested Neta Architects and our consultants to, um, work with staff to address several items. And the first item, oh, I apologize. My name is Peggy Fitzgerald, Neta Architects. Um the first item was to uh take a look at and review and revise the front entry overhang. Um as you can see uh we revised this overhang from the marble um making it more streamline and of aluminum material and uh we also extended it almost the full length of the building on both uh street facades. Um we feel this extension ties the ground floor together and it also defines the tripartite composition of the building. The uh second item that we were asked to look at was the color palette. So we made some larger uh renderings with some actual color samples.

the uh and I just want to talk about uh the direction we took was from the masonry modern section of the architectural guidelines and it reads exterior finishes in the masonry modern language are typically stucco in Florida. The color palette references art deco comprised primarily of whites and creams with sea greens and blues highlighting details. Darker hues may highlight the bases of buildings or emphasize deeper recesses of porches or loas. So the main field uh color of the building remained the creamy white which is uh the white snow at the top of the color board. The accent color was uh revised to a pale blue and the base color was rised to an earthy brown which we feel sort of anchors the building and also helps reinforce the tripartite composition as well. Uh the third item was regarding the landscaping and tree disposition um the removal of trees and and what trees were remaining. So we had uh our arborist revisit the site, photograph all the existing trees and re-evaluate their condition as it's been about 18 months since the first report was written. Um he did provide a detailed report for all the trees which um pretty much confirmed the the original disposition that was provided that uh you know the the trees that needed to be removed. Um the trees that uh are along Northeast 6th Avenue are the cabbage palms that are existing which will remain. Uh there will be a couple more that will infill where the curb cut is being um abandoned and um the remainder of the trees on the site,

you know, just due to the development, most of them are in a location where either the building's going to be built, the alley is going to be expanded, or the sidewalk's going to go. Um, unfortunately the condition of the trees uh don't really make them great candidates for relocation. Um, but our landscape architect and our arborist are present. If you have any specific questions for them, um, we believe these considerations and revisions have addressed the board's concerns and have elevated the project as a whole. And uh, we request your approval.

Thank you very much, Mr. Irain. It goes to see you can see through. So good evening again board members. I will also make it brief. So we're here to address you have seen this uh item uh in September exactly September 16th 3 months uh from now we've been working with the applicant to address the changes that the board requested and I'm going to go briefly just to refresh your memory on the project and the uh go through the changes as well. So the location um northeast 6 at the corner of northeast 6 a and northeast second CBD and the commercial core land use designation um the existing structure like built 90 years ago single family changed into different uses across the time and right now it's a cigar lounge One of the few standalone bars appearing on the city GIS map as a standalone bar is changing now into four stories 10 apartment 10 building multif family building. Um the city commission already approved planning and zoning board approved the masonry model. City commission approved the uh the utilization of the masonry model. Location is important in the CBD. So, NETA architects as well has the project across northeast 6. So, both projects actually are acting like the gate to the

northbound of northeast 6 and uh they are almost matching in size and mass. You will see this at the last slide of the uh uh presentation mostly surrounded by single family sorry one story just load low high and then the project on the east which is lower corner of the screen is uh the edge of pineapple which is the other project uh cornering northeast uh 6 before and after you see this. So the uh applicant spoke about the architectural changes. Staff analyzed this starting page 13 in the staff report. Spend two pages analyzing it piece by piece. In the analysis in the staff report we provided an overall like analysis based on the uh CBD uh uh co u architectural design guidelines and also we were critical at the end. So we just providing ideas on perhaps suggestion to the uh applicant um if they uh feel u for improvement. architecture is always accepting improvement but so far it's it is actually meeting the standards and meeting all the requirements the proposal as you see like it's four stories 10 residential units so it is within the jurisdiction of the planning and zoning board it needs to meet the requirement uh regulations of chapter 3 basically chapter 24 2.4 410 sets the regulations. So it tells us

that this application needs to meet the uh findings of chapter 3 as well as two more findings architecture 4618 and landscape 46163. And then if you go to chapter 3 you find out that you need to meet four things A, B, C and D. We'll just go through it quickly so that we cover uh the review of this project. So the overall high is meeting all the LDR requirement is met and just an overview on the uh um on the floor plans and the only access in and out vehicular access is through the alley which we'll come to it because there is and then the floor plan there is a roof plan architectural as I mentioned like uh me this is just a refresher from the uh CB CBD architecture design guidelines and then this is A, B, C and D. This is basically in chapter 3. So A is the land use map. It means the land use map and the concurrency as well as consistency meaning like the the zoning district meeting the land use designation and the compliance with LDR except for 4610. 4610 is the loading demand. A project like that requires two spaces, two loading spaces. And in 4610, the code gives authority to the acting board to grant an approval based on the proposal and based on the justification that the applicant present. So this is a relief but the findings of relief like a waiver

or vance does not apply here. The only finding is the appropriateness that the board see that this is adequate. So the justification as the applicant mentioned is only residential and there is a property property manager and this is happening due uh during specific time during like the moves in and as well as like the during the justification the applicant also spend time explaining also the trash collection uh process. So this is something that you need to grant today if you choose to approve. And again that's it. That's where the red dotted line shows exactly the alley and that's basically

what where will uh loading and uh loading happen. Uh the current proposal um it's meeting u all the requirement. It's just like uh there are improvement. The applicant uh went through it. The colors are here. The the canopy over the entrance. It's it improved really from the marble into an elegant size and matching with the overall design. Um and then again that's this is the before and after. And this is the massing which is important like you see if you see like the proposed project and then across the street the two uh town houses buildings on the edge of uh pineapple is acting like uh a gateway to the northbound of northeast and overall like the CBD could you know encourage and overall policies encourage like more density more compactness into the CBD and this is like a zoom in into that and landscape plan um it have the landscape our uh senior landscape uh planner reviewed this and it is compliant all code requirements are met and that's in conclusion that it is meeting all the code requirement except for the code section that I pointed at and um downtown development authority seen this recommended approval PCB and city commission approved the uh uh architecture style and you've seen this and then you already uh decided that needs to continue in September and here we are today with your uh board motion. Thank you. Uh at this point uh open the floor for public comment. Is there anyone from the

public wishing to speak? Please come forward. Seeing no and public comments closed. Does the applicant or the staff have any rebuttal? No rebuttal from staff. I ask the applicant to address the the landscape architect is here. Yes. And I was hoping he might make a few comments. We can certainly bring him up. Yeah, you you can do that in your when it's your turn to talk, but it's your turn to talk. So, go ahead. Go ahead. Guess Mr. Char has started. Yep. Board comments. Mr. Char have anything to say?

Good evening. Jose Alvarez with Cal Design Studio 80 Northeast Fifth A Delray Beach. Um we we did have a chance to to review uh the the landscape plan. Um and with with Mr. Chard and and we went through some of the you know improvements that that we think could be made in terms of the the native mix uh to the landscape. Uh we have absolutely no problem and and and the applicant has no problem in going back and and taking a look at those things. Uh we do ask that uh this could be done either at time of site plan certification or at time of u permit submitt um but but we do think it's it's a positive uh improvement uh with with some of the suggestions and and items that we discussed.

Thank you. No problem. Okay. So board comments please continue Mr. Chair.

Okay. Um, I agree with everything Jose said. I I have nothing to say about the landscape plan. Um, I did uh want to address staff. Um, there was some language in the staff report about uh the understated contextual function on the north elevation, the corner and the scoring patterns. Is is that uh left over from the prior report or is this new information from the staff?

It's not left over. The uh if you look into like page 13 exactly and the staff report architectural uh the facade compositions and the second paragraph actually speak to the north elevation. So basically the north elevation is the elevation that is actually required like in architecture like it is favorable to have more opening and more windows on the north elevation because you have less direct sun and you have light. So in this case contextually the north elevation is basically facing the neighbor. So staff recognized the function functional design of privacy. So it's a tradeoff. So we just highlighted this. So it's environmental issue but it's also contextual issue because the like not a justification but this is based on our conversation and based on our interaction with the applicant. So we just addressed it to highlight this in general to the board and that this is something that we would like to include in our analysis into the

okay um the uh the loading bay I have no problem with. That's what alleys are for. It's only going, as you said in your report, it's basically during move in and that's probably uh not too frequent. I I am support. Okay. Thanks. Huh? I want I'd like to hear from um Roger. Roger and Mr. Patton because they had some I'm curious what they think of the changes. How about Mr. Pat Mr. Patton first? Uh because Okay. I'm at a loss. Mr.

It's my first time ever seeing it, so I'd rather have you guys speak. Mr. Go, please. First of all, I appreciate the uh the applicants patience um with uh you know, going back and and reworking it and stuff. I

I think the improvements are I think the banding getting rid of the marble and then then banding running the length of the the whole perimeter of the the building. It's a nice a nice touch. Um the color changes are are good. It It just makes me feel better. And um so I'm I'm I'm glad we got to this point finally and we appreciate everyone's patience. So thank you. I I like all the changes. Thank you. Me. Who's go? You go next.

Well, so so it's a handsome building. The three items that they apparently were tasked with improving seem to be beautifully improved. So the the entry that the color palette which I try to stay out of colors anyway uh and the landscaping is is uh you know the testimony and the conditions are beautiful. So, um, I've got nothing to criticize or or or speak negatively of the I just wonder I'll forever wonder why it didn't match the architecture of the the beautifully designed piece that the same office did across the street because that would have been true bookends to uh to this gateway to the north rhetoric. But uh so we have two different animals. Uh I'm in favor of supporting it on behalf of what they've already gone through.

So I'm in favor of supporting also, but I had one question for for you and that is that I know that they had a demand statement to request approval to provide no dedicated loading birth. Did we already approve that or is that to be approved in this language? cuz I don't see it here. It's still in front of the board. You It's You approve it. If you decide to If the board decide to approve the site plan with this, it it's in front of you today. Thank you. The loading wasn't a waiver. I thought initially it came to us as a waiver. It didn't.

So, it's it's not a waiver. It's not a waiver. It's just uh it's within your discretion to determine whether or not this is adequate that they are not providing a loading zone. I got you. It's a request for relief, but it's not relief. It's a determin determination of adequacy. Okay. Well, I'll tell you, I don't know anything about architecture, but this second rendering is much more aesthetically pleasing to me. So, I love what you did with it. Really, like you said, the banding across the front and the sides. Love it. Love it. You have a comment?

Sure. Um, I again, I thank you for coming back. I mean, it is night and day as far as just appearance. Um, and who can say no to what is it? Favorite jean color. What a name. But that yeah, it's a huge improvement. You know, I'm not crazy about giving up the the birth. Um, but I think and I get the point that it's only certain times, but I it's not. Again, it I'll prove it, but I just think you're the people that are living there are going to experience the problems later on, but you guys are building it, selling it. It doesn't really matter. It's the people that if they decide to move there without it, then they're going to have to live with it.

Okay. Um, yeah, I I agree with what Mr. Strong said. I'm not an architect, but I really like the way this looks now. And as I said earlier, this is the third time I've seen it because when they came through for the Y

the original request was to approve masonry modern under the LDRs just as a use that was designed was sent back and said please make improvements which came back to us in September with improvements which we then said well they're not good enough let's make some more improvements. Um and these ones are good enough. This really looks nice. It's a very It's a great building and uh I entertain a motion to approve. May I make the motion? You want my guest? Everyone else has had a chance to make Mr. Been waiting to make a motion. Whoever wants

somebody when you're finished fighting. So, please make a motion. Approve a level three site plan with architectural elevations and landscape plan for the link and four-story multif family residential building consisting of 10 residential condominium units at 202 Northeast 6th Avenue by finding that the request is consistent with a comprehensive plan that meets criteria set forth in the land development regulations. Second. Okay. A motion by Mr. Strong, second by Mr. Chart, and Miss Miller, would you please call the role? Roger Co? Yes. Mitch Cass, yes. Ted Strong, yes. Jim Charn, yes. Price Patton, yes. Judy Malikica, yes. Gregory Snder,

yes. That passes seven to nothing. And I'd just like to say to Miss Baleni for this evening and for Miss Fitzgerald for the last six or nine months or whatever it is. Thanks for your patience. Yes. And thank you very much for your comments, for staff's um cooperation and working through all of the comments. I I do think this did result in a better project. So, we appreciate everything um all your time and and comments as well. Thank you. Thank you. And Mr. Eertton, thank you very much. Thank you, sir. Thank you. Awesome. Very nice. All right. Now, we'll go to item 9A, which is legislative. And

I don't know who's bringing this in. Oh, there she is. There she is. Please tell me you're not going over this whole report with us tonight. 203 pages. Unless there's 90 pages of comments. It's only 20 to 8. We've got hours. I just changed my flight to tomorrow morning. Said it's tomorrow afternoon because we got done with that other one earlier. Good evening. Okay. So, I guess we need this uh

read in or whatever. Or what do we have to do? We don't have a file number, but we have uh the Delaware Beach CRA's executive director, Renee Jata Singh, here to present the latest update to the West Atlantic master plan, also known as the ZET transformation plan. So, okay, Renee, please. Great. Thank you very much. I'm Renee Jison, you said, executive director Delery Beach CRA and also our assistant director, Christine Tibs, is here. Um, and thank you all for having us this evening. We're very excited to be presenting this item to you. Um, it's been a long time coming and I wanted to start with a brief history. It won't be ours. It's not ours. It's going to be it's going to be good. But this thing isn't working. So, let's see. The black

the black one.

Okay. Got it. Okay. Um, yes. So, currently we have um adopted the West Atlantic Master Plan. That's where we're going to start. So, this is an overview of the sub areas that it covers. So, they're the CRA sub areas number three, four, and eight. I think otherwise known as West Atlantic, um, Northwest Neighborhood, Southwest Neighborhood, there's a million different names that this is known by. Southside, North Side, I' I've heard it all. Um, but in 2020, a plan was adopted that is called the West Atlantic Master Plan. It had other names before that, which again we'll get into, but it's basically a blueprint of what the the community envisions for the neighborhood. And there were other plans prior, the West Atlantic MA redevelopment plan. I believe there was a plan for the north side, all these different plans, but this plan was really created to encompass all of those into one. So, we'll start back at 2016 when the CRA worked with IBI group to prepare um the West Atlantic plan avenue or avenue plan and the Southwest neighborhood redevelopment plans to include the Northwest neighborhood and consolidate them all into one. Um between 2016 to 2018 there was plan preration meetings before my time but again just wanted to pro provide some background for where we came from. Um so the CRA board recommended the city commission adopt this plan in 2018. Um at the time it was called the set transformation plan. So around 2019 2020 the city revised the draft plan by removing references to West Atlantic Redevelopment Coalition and the SET and changing the name to West Atlantic Master Plan. Ultimately the city commission decided to adopt this plan as the West Atlantic Master Plan in October of 2020. Around 2023, the CRA board started discussing to amend the plan's name from the West Atlantic master plan back to the set transformation plans. I think at the time people were calling it the set. It was discussed all around, but the plan itself that was adopted by city

commission was not referred to as the set. And there was such a large effort that went into getting to that plan and getting to that name, there was started to be a bit little bit of a a discussion about changing the name back. So our board supported doing so. Even the city commission discussed it at a goal setting workshop. So there was some momentum to have the name and references to the set brought back into that plan. So in 2024, the CRA hired business flare to start updating the demographics and economic data. As when we started this, we weren't quite sure how extensive the update would be, what would be included. So we wanted to start step by step because we know at least the demographics and economic data would have been outdated because that was collected in 2017. So we started there um and then few months later later in 2024 we started discussing the next steps with the set transformation plan update and again we were kind of deciding how extensive it needed to be. At the time there were discussions about only updating the implementation plan which is kind of encompassing all of the the principles and things and desires in the plan in a few pages but when we looked at it that really encompassed the whole entire document. So it led us on a path of updating the entire document with um with the community at with by our side the whole time. And 2025 the CRA started preparing for public outreach meetings January February um and how we were going to attack updating this plan. We also were meeting with community members that were really heavily involved in the first plan process to find out from them what exactly they were looking for in this plan amendment to determine how extensive of um an update we needed. We decided that we would need to hire a consultant to help us with this. It's about a 100 200page document. So quite an undertaking that we weren't going to to do on our own. So we hired Inspire Placemaking Collective to assist us with that process. And then the public outreach meeting started. I know I've I've seen some of you there. These were extremely extremely heavily attended meetings. Um we had probably close to a

hundred almost every single time or if not more. The last meeting was a rain day, so we didn't have as many people as the hundred, but we still had quite a few. So, um, we had new people who were just finding out about the set, people who moved into the neighborhood, existing people. It the takeaway really was that people just want to know what this is and and how they can be involved and and find out more information. So, it was really, you know, happy for me to see that there was this type of engagement. We see the same people all the time which is wonderful but it was also nice to see some new faces in the room trying to learn more about what this is and how to better their community as a whole. So in October 2025 we discussed the CRA board discussed scheduling a special meeting in early December to discuss the next steps of the plan because as we were update as we were going through these outreach meetings we were updating sharing pack back and forth information to figure out exactly what needed to be updated. So um and our trajectory was to try to have it approved by the city in early 2026 cuz we know these things can sometimes carry on. So we were trying to keep on a schedule to get us to to a place where we could adopt this plan in 2026. So um at our board meeting in October, we decided that we would um try to get this plan wrapped up so that our board would be recommending the city commission approve it in December and then on to planning and zoning. So after October, we worked really hard, really diligently to start updating this plan, really getting into it many, many meetings in our office, weekends, evening times, um to make sure that we had a document that encompassed what we we heard from the community members throughout the meetings. And I think the big takeaway um not a lot has changed. I mean, the the demographics are changed, the the um statistics and things like that change, but the wants and needs are still there. So the plan we tried to expand on some things that weren't expanded on as much correct a few things that needed to be corrected that I'll touch on but largely the plan was not changed in a I don't believe in any substantial way and I'll go through some of the highlight changes with you. So here's a brief overview of

the meetings um before we get into those changes. The first meeting we just pro provide information about the backup which we have all of the updated demographics and data. If you want to walk through those we can. I have them all in slides if you would like to do that later on. Um the second meeting we talked about the action strategies and principles and how they would be evaluated in you know big picture. I think when we looked at it there were almost over a hundred individual items that that the community was looking for in that plan which is which is a lot. We had an entire room full of um boards that had every single principle, every single thing in the plan outline and we asked people to prioritize them and put stickers on them and that's included in your backup and as a summary of the outreach meetings. And again, you'll see a lot of the things are the same. It didn't really need there wasn't really a huge um desire to remove many things. There may be one or two, but a lot of it was just the same. We just needed to organize it and and present it in a little bit better fashion. Third meeting, we drill down a little bit more into the guiding principles, which there's six, which you'll see shortly. Community capacity building, civic stewardship, community wealth building. That's what we covered in the third meeting. And these were in breakout tables where we could get more involved in the conversation with the community members on a smaller um smaller fashion instead of having a large room of people. And then the last meeting we discussed healthy community, placemaking, and strategic investments. So again, this just kind of encompasses what we mentioned that we got a lot of feedback from community members, a lot of participation, very involved um members and again the reports are in the backup to your agenda item. So getting into the plan, this is the table of contents. If you look at it before to now, it's again largely the same. Not much changed um in the organization of the plan. And here are the guiding principles that I mentioned. I won't read them again, but these principles really build on each other. The community capacity building, civic stewardship, community wealth building and healthy community really comes from a community-led initiatives because this plan as the way it's designed is for us

and the communities to work together, the government and the community members to come together and private sector and nonprofits, everyone to really come together to make this plan um successful and help the community um improve. So those first four really are community-led um initiatives, though there's input from others and government and and other nonprofits as well. Placemaking and strategic investments really kind of focus more on what we're doing into building the place, building the environment. Strategic investments also is about building out the environment. But from based on our feedback from the meetings, there was not a desire to make any changes to the structure of the guiding principles. They all remain the same. So community capacity building um so this is about strengthening pride um in the community members and allowing them to take ownership of their community. Um so a big takeaway from this section was that the community wanted to have the concept of a commercial land trust was in the original plan and there were certain places that referred to creating a land trust and there are other places that referred to expanding the land trust that we have currently. So from the meetings, it was pretty clear that the community wanted to start their own community land trust, not to have the current one expanded. They have their own principles and things that were they're working on. This one would be a commercial land trust guided by the community members themselves. So that was a big takeaway of how we um adjusted this part of the plan. There was also references to the neighborhood improvement district. I know that's something that's being spoken about right now. We just kind of cleaned it up. um there were some references in there that just needed to be um fixed. So, we just cleaned it up to state exactly what it is and that there is no tax currently being imposed by the neighborhood improvement district at this time. If that changes later on through city processes, that's fine, but at least in the plan, it's just clear that there is no tax that that's being imposed by this district.

The next is civic stewardship. So this section was really expanded to let people know how to get involved because the from the input that we received from the community members, this section is more of how can the residents get involved? What can they do? So we added a section so if anyone's looking or new to the area, they can go to civic stewardship and see how to get involved in their neighborhood. So this is through attending city commission CRA board meetings, meetings such as this one. Um also attending the neighborhood association meetings. We also encourage people to volunteer on advisory boards. um learn more maybe about like the Delray Citizens Academy, um meet your elected officials, signing up for newsletters, download the My Delray Beach app, um volunteering for cleanups, mentoring the youth. So, this is um this is really what was added to this section to expand on um how to get involved in your community and community wealth building. This is a pretty big section. So, there's seven um focus areas within. So we just rearranged them a bit. Again, largely the same information is being shared within these sections. So they're financial literacy, educational attainment, worker skill enhancement. This is if you're seeking a job, drivers for job creation. That's more for businesses, entrepreneurial environment enhancements, housing and public policies. Next is healthy communities. So, this one was expanded a bit to discuss more um adding more about um mental health um awareness, trying to build out or find a location for a community center in the community either through the village center development or we even have a building 98 Northwest Fifth Avenue that we're seeking doctors for that center. So, this really just expanded on um those types of things. also education for youth and um or sorry education and about healthier communities for youth was added um and volunteer opportunities for youth. We also added the initiatives such as birth to 22

um and other things like that just to put give more examples of what goes into having a healthy community. Next is placemaking. So this is the one that I mentioned that kind of gets more into the CRA, the city side and um things that we have to actually build the place. So this goes into how the sidewalks would be looking, the streetscapes. None of those changed. So there were images in the plan before that are the same now. We did not change those images of streetscapes, sidewalks, sizes of streets and layouts. All of that remained the same. We also added in current projects and things that were completed over the time. Um, and that's an important thing, too. We have separate powerpoints that show things that the CRA has done, but we try to add the narrative in there of things that that projects that we've done and then things that the city's done as well. Strategic investments. Um, so this also again is talking about the place and how to encourage development within the neighborhood. Um, about affordable housing, people taking pride in their communities and ways to increase home ownership rates. Another thing that we added was also about private sector because while this plan does is for the city to adopt, we also wanted to make it clear that if developers or other people are coming in to build in the community, this is something they can look to and what the community is looking for. So it's it's more than just the city CRA. There's also private sector that would be coming in as well. So we also wanted to add things that speak to that. And then this was a bigger change. So as I mentioned in the beginning, there's an implementation plan. It's about five or six pages at the end of the document. and that goes over a summary of what um these different action strategies and principles in the plan. So through our meetings and meetings with the community members, we thought that it would be better to have that as a standalone document. So you'll see in your backup there's a draft standalone implementation plan and that's something that makes it a little more movable and you can edit that and change that. It's

starting now with all of the different action strategies that are in the plan. But as those things are completed and and finished, originally that implementation plan was part of the plan that's adopted by the city. So to move that or change that or do anything, you have to go through this entire process, which is where we started with this plan. So what we thought would be better is to move that to a separate working document that the community can have a whole a stake in that. We also have that um say in it as well, but it's something that if we want to change it, we can make modifications to it without having to change the whole entire plan. Um, but right now we just started with just the action strategies that are in the actual plan. So here's to kind of summarize the big overview. We updated the demogra or the background with additional history. We updated the demographic and economic data. We updated references to community groups, gathering spaces, and community assets to reflect things that are current and actively in existence. We also updated pictures to re represent the current state and also to get better quality photographs. We updated the maps to reflect completed ongoing and future projects and community assets. We updated the action strategies to reflect the feedback from the outreach meetings. And we also updated the location of the implementation plan. But the big takeaway again, it's really largely the same. I thought we were going to have this document. It's like 80 pages of a we're going through. I thought it was going to be so short. when we finished it was 150 but it was 200 before so we did concise and you know condense a lot of things in moving the implementation plan out but I think we expanded on a lot of things that were really important um that weren't fully expanded on in the original plan and here's the like I mentioned we have updates to the data I don't know if we want to go through all of it but I just can show you a few pages as an example of how some of these changes were made um you'll see here on the left was the original plan and on the right is the updated demographics. So we really try to exactly match the plan. So it's not

this major new change thing. It was just an update to reflect updated information and also updated projects and give um give information about that. So you'll see really they really do mirror the original plan as much as possible. We just updated this is just an example of the data and demographic updates that we did. And you'll see the maps. Both sides are both the same. The needs are still there. Big picture. It's all still pretty much the same. Here's an example of um the census tract information. That's again the same maps, same chart, same layout, just updated with new information. So, next steps is obviously discussion from your board today and then we're hoping that there will be some more review by city staff um and us as we go through and probably make some minor edits. There are still some cleanup things that the consultant needs to do um consistency in text and just like kind of small things like that. Um, but once we go through all of that, the plan and hope is that we would have this um ready for city commission in early 2026. That's all I have for you. Thank you all very much for your time. Appreciate you all. Thank you. And happy holidays.

Happy holidays. Do you know comment? I think it's time all the all the public here wants to stop.

There's a long line for public comment on this one. So, I don't necessarily have any comments. Development services still needs to go review the recommended changes that would trigger LDR updates for us. There are some things throughout it. Two of the things we're already well, one a major thing we're actively working on is an ordinance for accessory dwelling units, which should be coming to you all either in January or February. I'm hoping for January. And then we know that we have to update the locations for food trucks because that was a need identified in the plan. But we will be sitting down to go through all the changes that need to be made, including a few comp plan policies to reference the current adoption date of this plan.

Great. Thank you. Let's get comments from the board. Who wants to talk? Bernay, you love you. Love you. Love the CRA.

You're amazing. Welcome to your staff is amaz you surround yourself with phenomenal people. So this is an amazing um presentation, amazing set of documents. I would I would I'm just going to touch on a few things cuz cuz they're really cool. I mean the Sunday village project has probably been a blessing hopefully economically and and all other stimulus uh oriented for for some of your work. Um, I I would I personally would love to see a historic preservation um element

element to to your beautiful work. uh you know given the the the the the pieces that are already there, you know, and and hopefully some new pieces that might enter into the picture like maybe someday Frog Alley uh you know and and I I personally think that the West Settller's Historic District is the most overlooked historic district in the city and it's I would love for some time in my lifetime for it to be discovered and and and and have a lot of the activity that the other districts used to have and have now flattened out on. So, I think some concentration on the West Settller's Historic District would be phenomenal. Um, and you've got docks over there and, you know, and all these beautiful uh pieces that can contribute to the big picture. But but you know, thank you for your work and your your concerted effort and your and and and anything I can do, we can do to help you would be my pleasure. Our pleasure.

Thank you. So I also compliment you on your work, but I was along with you through this whole process and you took some heat along the way and you hurt herded cats and you made it happen. So I mean it was a hero's effort. That was a miracle actually. So, good job. Thank you very much. She got into good trouble. She takes it. I take it. Yes. Yes. All for the end goal. It's important important work.

I mean, I did everything that they said. Um, you know, I'm I'm really fond of the fact that you all took your time to listen to the community. You had these outreach meetings. you heard what they said and you you implemented a lot of the ideas that they had. And to me, that's that speaks volumes about uh where this city is and how far it's come to to listen to the uh the individuals that live in this uh in in this community. So, you know, I'm I'm I'm really grateful for that. I know in the past we didn't get a lot of cooperation um from city officials, but it looks like we're on the right track now. And if we can get this done in first quarter next year, that that would be great. But but thank you Renee for, you know, kind of taking up that banner and uh pushing that baton on to uh to the next runner up. Really appreciate it. Great job.

Great job. Hi Renee. Hi. Um yeah. Uh it's been a long it's been a long slide really. Um uh and and um you didn't mention you kind of alluded to the politics involved, but it's been it's been really political too. It was a time. Yes. Um but I would I would like to re I'd like to reiterate um Roger's point about including some kind of an historic element. Okay.

Um um I agree with the West settlers. you know, Frog Alley may not there may not be enough contributing buildings to do a Frog Alley, but um there are things like um um Main Street programs and um um and there still are a couple sections of the first block south of Atlantic is could be considered a small district and three blocks south of there, there's enough contributing buildings still. Um, you know, they did a report on Frog Alley like 10 years ago and it's been sitting there. And in the meantime, a lot of this stuff has been um destroyed.

Um, and then there's the other element. The other thing I I wanted to make sure you guys are aware of is is the the transformative changes at at Carver. Carver High. Yes. That is highlighted. Um, yes, it's it's um it was once the the community I've been researching Carver High for like five years now. It was it was the community hub of the southwest north and southwest neighborhood. I mean, it was it was a social and political and cultural hub. Um, kind of like old school square is.

Um, and there's going to be some great technical training that's going to come out of there. Um, they're talking about a culinary uh aspect to it. They're talking about preserving the um the cafeterium. Yes. Turning that into a a training place. Um the gym if they ever figure out how to deal with the with the acoustics. That could be I mean I' I've talked to uh Charlene. She she'd love to bring MLK breakfast back to Delray, but she can't find a place big enough, right?

Um the gym's big enough, but you can hear a pin drop of from like 100 feet away. And so it's just it's acoustically uh horrible and the school district isn't really spending a lot of their time taking care of it. Um and then is you know the the the spine of the the north and southwest is is in addition to fifth it's Atlantic and Atlantic is also part of the DDA district if I'm not mistaken. So, how are we incorporating the DDA into how is that? Is there is there a is there working plan to work with the DDA on projects and stuff or

can I answer or Oh, okay. I wasn't sure to wait for Oh, I wasn't sure. Sometimes there's questions that don't get answered right away. I wasn't sure. You can hear me from here. No, I can hear. I wasn't sure if I could answer right away. That's all. Oh,

no. Um, so to answer your question with the DDA, yes, I do speak with Laura frequently. There are a lot of ideas and we ask definitely for input. Um, our board has been discussing our properties on West Atlantic since really April since our lawsuit was resolved monthly. Um, so we do look for feedback. Perfect. Thank you. Um, from them. We have an RFPs that hopefully will be going out early next year that we would seek their input. So I've made presentations to their board um and and get feedback. But I think and Laura was at some of these meetings, but to me it seems like the wants and needs are the same there. the the the grocery store, the medical services, banking, the core things are still there. Um, so we're still really pushing on to try to find out or get those services there, but you know, we do work with them on when we can, I guess. And I make presentation to their boards and share information. But I think sometimes I look at their input as like placemaking and and things that can be incorporated into and elements in because the core things again are there. our our big push has really been the supermarket,

right? And and that's exactly number one. Yeah, that's and that's still remained the same. So I work I'm open and work with everyone. So it remains a food desert, unfortunately. Yes, that's been our priority. And and you know and their and their charge is different. Their charge is development, but their charge is is marketing and and um and that's going to that's going to can going to be very important. Yes. Down down the line. Can I add something as well? you know, I could I could I could talk about this for a long time. So, um, but anyway, I think it's a great it's a great project. I'm glad to see it finally getting Thank you. getting going.

I will add to as you mentioned about the marketing. So, we do like joint ribbon cutings. There's actually two that we're planning right now um for our building on Northwest or 90 98 Northwest Fifth Avenue and we did that also for the William Hatcher building to try to have those joint events and help promote the area better because they are DDA businesses so that they get into the fold with the DDA. Those things are, you know, top of mind. The development things obviously we, you know, we work together and discuss, but active and action we those ribbon cutings, we try to make sure that they're there if they're in the DDA district and there'll be some in January. So, we hope to see you all there. That is an invite. Yeah, of course. Yes. Can I add something else as well? I'm sorry.

The historic you mentioned about Carver on page 77. We actually have a whole page that expanded more on Carver because when the plan was originally done, it was still in discussion about what could possibly happen there. So, it was not what it is now. So, we put what it is now and the our the feedback was basically to really work with the community members and what they'd like to see there in services. So, yeah, because they're pouring 20 million bucks into it, right? No, but we Yeah, we got we worked with the principal that's there. We got a whole couple pages of input from them and incorporated that in page 77 and 78. Thank you. Good luck. Thank you. I got to page 71. They just You almost got there. You're almost there.

Do you want to ask on the record? Uh I want to compliment you for going through four different community meetings. I'm sure that put a couple years on your life. You know, um a smile with a smile. get you a long way. Um the I have not read the whole thing. I'll have to have to admit. Uh I did participate in the first meeting, but uh I have a couple of questions. Frog Alley has been mentioned

um by Price. uh what and I know from my role on the historic preservation board uh that was coming before our board fairly quickly and then uh hopefully before the city commission for the very reason that price says that that the contributing buildings are disappearing in a big hurry. Um what what does the set transformation plan say about the the Frog Alley district?

It doesn't really go into it, right? It doesn't really mention the historic district or in detail. It references Frog Alley in the existence of it, but not the um historic aspect of it or what the plan the historic preservation plan. I would say along the line of of uh stressing preservation that since districts are very hard to get approved in this day and age, individual parcels or or uh buildings I think would be something that we in a plan like this would want to encourage and encourage the citizens to uh participate in in that process. And then you mentioned um you mentioned a centralized community center. Is that different from Pompei Park or is that Pompei Park?

So that community space it was in a healthy community section and it talked about like health services. So it was something that would maybe be at the Carver or 98 some kind of a health space is what the reference was. Not Pompei. We brought we and we we included the Pompei updates there, but that community space was more it was like a healthy the health center. Okay. Uh and you also talked about community land trust. Yes. Is that the same CLT we have now or is this a different one? I know there's been a lot of controversy about ownership. Uh where what does that say in the plan?

So, it's two different land trusts. The original plan had references to a commercial land trust and then also references to expanding the current land trust. So, our current community land trust was created by the city and the CRA back in 2007 um for housing because housing prices were going up so high and a community land trust is a tool that's used quite frequently to help bring the cost down um of of homes.

So, we created the community land trust that they're still existing and they're residential. So the references to commercial land trusts are specifically commercial properties because what's happening or what can happen is that outside people or developers or interested parties will start buying land and and assembling and trying to to own that. So the the idea was for the community to come together and to be able to have their own ownership in these properties whether they're purchasing on their own or responding to RFPs that we're issuing that they would have the ability to do that.

Yeah. We we addressed that a little bit this morning. Seems like this morning. Uh that um that residential is winning out over commercial in terms of taking up more and more space in our city and reducing the the commercial or light industrial.

Yes. And there are actually references to the light industrial in the plan that are in that are in the in the set um about developing them. And so it does touch on that area. not to change it to residential, but it does um touch on that. So, this the concept of the commercial land trust is specifically strictly for the community to have something for themselves to be able to have ownership, you know, have this in the properties. Different subject. Is CDC still going to have a role in all of this? You mentioned CLT, but not CDC.

Um, well, so there were a lot of references to different entities and groups in the plan, especially in the implementation plan. So what we did is took all of those references out because some were were outdated. We reached out to everyone who was referenced in the original plan and sent them an information, you know, request to ask them what they've done, if they want to contribute or provide information for the plan. And out of the hundred, we probably got back like five or six or so. So we kind of pieced together what was happening from what we saw, what we were doing, what the city was doing, and what other community groups were doing. Um, so the references are there as historical groups like the land trust, the CDC, maybe habitat, a few in the historical context, but not in the the work the we're really trying to center the plan around what needs to happen, not necessarily who the individual person to do that particular thing will be because it could change. Housing is how is handled by so many different entities, not just one or the other. So we just thought having more broader references in the plan would make it much more maneuverable and you know be able to work this thing a little bit better by not having it just a particular entity.

Uh my last question or my last point is um West Atlantic Avenue in terms of the overall development plan particularly as reference to the proposal for entertainment district. Is that addressed in the plan? It is not. And that's because it's not ready to be incorporated and it would be incorporated later.

It just wasn't there in the original. It didn't come up in our meetings. I know it's been discussed elsewhere, but the two have not did not collide. And maybe through this time with the city, something changes, but through our outreach meetings, it was not brought up in those meetings. That's that's interesting because people have talked to me about feeling that it's discriminatory that east of Swinton you can have entertainment west of Swinton you can't and obviously as you know the history that was a thriving area 25 years ago 30 years ago yes lots of entertainment

yes it just wasn't addressed or brought up in this plan maybe now that you're saying it maybe it will be but it wasn't in that in the plan to all you people who are out there listening. Somebody call somebody's

Yeah, go.

Okay. Um, first of all, I I have a long history with this plan. A matter of fact, I'm pretty sure I'm the only person up here that um was on the commission to vote to to start the original plan. I know I was the only commissioner at the ribbon cutting of the set banners a million years ago. Um, so it's it's really I' I've seen this evolve, change. I was off the commission when the set name got removed and came back and now that's back, which to me it's fighting over names is is pretty stupid, but it's it's over. Um the one thing I know that was um and I know it was important to one of the commissioners um it was up here and but um I I think that names and and individual people will can stop progress tremendously. We should have a grocery store that's 10 years old right now there that could have been done if it wasn't just for personalities. Um and it's sad because that could have been done. there would have been affordable housing along with that grocery store that would have been long completed. Um be but it's not due to personalities. I my biggest thing about this is you did a great job in taking the personalities out and making it a plan. Um and and that's not easy to do especially in this city. It is extremely hard because everybody wants their picture, their name, their personal view on everything. Um so to make it as broad as you did um you should be commended because it's not it is not easy. This is a tough town uh to do anything especially to get things done people in u positions that Rene's in to be able to try to get things done and and I'm and I just to see what you've done with the CRA in the last you

know five or six years or maybe more um of of having that ability to get things done I think is huge. So, I'm I'm glad this is where it's at. Um, and hopefully we um get more to some of the implementation and they can keep from, you know, like I love the idea of that community trust cuz it's that as we go to sleep tonight, there will be more land within the set that will be um bought by a developer by flipped. It's going to be um changed from what it is without some input and help from the CRA. So that's all I have. Thank you.

You don't really have a lot I can add to what everybody said. There we go. I don't have a lot to add. Um it's been 23 years as an Air Force officer and I've seen a lot of plans. My husband was in the Air Force as well. Pardon? My husband was in the Air Force also.

Okay. But my point is this is a really good plan. Um, my initial reaction in May was a lack of specifics and I think with the draft implementation strategy, it's really really good on specifics when you get down there. It's really solved that. And uh, yeah, my other impression in May was that the people that need to have the input into this are the residents of the set. and uh sounds like they have had. So yeah, like I said, it's a really good document and I would think somebody here could move that we do whatever it is. Go ahead.

I'd like to move to recommend approval to the city commission of the West Atlantic neighborhood plan update finding that the proposed plan is consistent with the goal objectives and policies of the comprehensive plan. I would second that. Okay. Motion by Mr. Cope. Second by Miss Malikica. And call the role please. Miss Miller. Roger Cop. Yes. Mitch Katz. Yes. You just has left the meeting. Jim Charge. Yes. Price Patton. Yes. Judy Malikica. Yes. Gregory Snider. Yes. Thank you. Thank you, Rene. Thank you. Great. All kudos to you. Thank you. Thank you. We'll see you soon. We'll be back.

We got We got West Atlantic to do. We got work to do. And thanks. Um, get the entertainment district in. Yeah, that I think that was a comment I heard. It's not Listen, that was a comment I heard when I was when I was at the meeting from the people there was that's what they want. They wanted entertainment. Yes. I don't know. I recall that as well. Anyway, that's neither. It's going to come up. So, sure it is. Um, whether it's in that plan or not. Time for staff comments.

Yes. Um, your next board meetings are January 26th and February 23rd. Both both of those dates are deviations from the normal due to federal holidays. So, we hope you can still make it. Um, and then no other comments. Okay. Nothing from me. Happy holidays. Happy holiday. That's right. Happy holidays. We won't see you guys. I'm going to Denmark. See you in Denmark. Denmark. Cool. Oh my goodness. Oh my god. Do they have holidays there? Yeah. It's a really cool tradition. You hold hands and sing around the Christmas tree. I don't know what they're saying, but Yeah, that's okay. No, they do some in English for us, too. Oh, I'm sure that'll be great. Very cool. Sorry. Um,

yeah, go ahead. Just real quick, you know, this is like my third or fourth meeting and they've averaged about five hours because we're only meeting once a month. Um, I understand it's difficult for some people to meet twice a twice a month, but when you get a big overload, can can you consider twice a month? I mean, if we had if that um uh thing had gone through to the end, we it we we'd be here till till 9:30 or 10. Sure, we can look at that. It um that's the way it used to be. We're also we are beating the commission in hours.

Sure. So, we we did have a stretch where they were very short two to three item meetings and then somehow you've had the lucky privilege of having these mega meetings for your tenure. a really big priority in a row meeting. So we can look at that and make sure we have the agenda balanced right so that you guys aren't here all night. You don't want and this is two in a row that we're balanc the agenda. Yeah, it's two in a row. We had two short ones in a row before cut. There's only be a two week two push. I mean it's not like okay if we do two two a month instead of so they only get push two weeks. Okay. Thanks. Did you have anything?

Me? Yeah. I don't think so. No. Happy holidays. I just wanted to explain my no vote on Yeah, that would be that discussion. What was that? Well, we we'd already invested an hour, hour and a half in. I get you. Yeah. And now we're going to have to go back and redo it all over again. Right. I get it. I see what you're saying. Yeah. I that I I I I get you. And I trust me, I'm I'm usually very against personally pushing out meetings because of the public that showed up cuz they spent all the time to come and speak. But I think we could have let if we if we said no and it was something that she left out of there, then it gives them an appealable nonsense. So I'd rather just let it get done. Yeah. And

let it get done, right? And let's finish it there so we don't continue discussing the item. Yes. Yeah. Um my comments is um just again happy holidays everyone. I will say I like seeing some of the projects when we or things that we approve. I went and took my dog to the opening of the Chewy Vet Care this weekend. Oh really? And it was um and I will tell you it's a I mean I was impressed. I mean they really for a for a vet care place like I mean it's high tech. Everything you can think of in there. Um and they did everything. Oh yeah. She was impressed cuz they kept giving her treats. You ought to take your dog to the one we approved last last time.

Oh, for all the treats. Yeah, I would go broke walking in there before she'd get it before I get Absolutely. That's per That's a perfect place. But um anyway, happy holidays. Happy New Year to everyone. And um we'll see you next year as they say. Wow. That's it. Hey guys, thanks to everybody and happy holidays. Yep. Did I hear that gavvel? Yes. Loves our bed. trying to