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11-25-86 Regular THE CITY OF DELRAY BEACH REGULAR MEETING - CITY COUNCIL 7:00 c.m. AGENDA Council Chambers Please be advised that if a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting or hearing, such persons will need a record of these pro- ceedings, and for this purpose such persons may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City does not provide or prepare such record. 1. Roll Call. 2. Invocation. 3. Pledge of Allegiance to the Flag. 4. Proclamation: Thanksgiving Day as Special Day of Remembrance and Prayer. 5. Presentation Community Chest Recognition of City Employees' Campaign (Tony Allerton). 6. Agenda Approval. Action: Motion to approve. PUBLIC HEARING 7. Ordinance No. 71-86 Rubin Annexation. Second Reading and PUBLIC HEARING relative to annexing a 1.34-acre parcel, subject to RM-IO (Multiple Family Zoning) District, located on the east side of AlA between Brooks Lane and Lewis Cove, if these streets were extended eastward. It is zoned RM (Multiple Family Resi- dential District, Medium Density) in the County and designated MF-15 (Multiple Family-15 units/acre) on the City's Land Use Plan. Recommenda tion: Planning & Zoning Board recommend approval, subject to RM District with a maximum of six dwelling units on site; Planning Department recommends approval subject to the RM (Medium to Medium High Density Dwelling) District with a maximum of eight dwelling units on site. Action: To adopt the Ordinance on Second Reading. 8. Ordinance No. 75-86 - Chan~in~ the Citv's Land Use Plan Desi~na- tion (Delrav Beach Housin~ Authoritvl. Second Reading and Second PUBLIC HEARING relative to changing the City's Land Use Plan Designation in the Comprehensive Plan for a 15-acre parcel from SF (Single Family), in part, and R (Recreation and Open Space), in part, to RM (Residential Medium to Medium High Density), seven units/acre, located west of S. W. lOth Avenue, between the Carver Estates development and S. W. 6th Street. Recommendation: Planning & Zoning Board and Planning Depart- ment, as Local Planning Agency, recommend approval. Action: To adopt the Ordinance on Second Reading. 9. Ordinance No. 76-86 Delrav Beach Housin~ Authoritv Rezonin~. Second Reading and PUBLIC HEARING relative to rezoning a 15-acre parcel from R-IA (Single Family Dwelling) District to RM (Medium to Medium High Density), seven units/acre. Recommendation: Planning & Zoning Board and Planning Depart- ment, as Local Planning Agency, recommend approval. Action: To adopt the Ordinance on Second Reading. 10. Ordinance No. 77-86 - Chan~in~ the Citv's Land Use Plan Desi~na- tion (Linton Lakes). Second Reading and Second PUBLIC HEARING relative to changing the City's Land Use Plan Designation in the Comprehensi ve Plan for a 57. 71-acre parcel from PRD-IO (Planned Residential), 10 units/acre to POI (Professional, Office and Institutional), located at the northwest intersection of Congress Avenue and Germantown Road. Recommendation: Planning & Zoning Board and Planning Depart- ment, as Local Planning Agency, recommend approval. Action: To adopt the Ordinance on Second Reading. 11. Ordinance No. 78-86 - Linton Lakes Rezonin~. Second Reading and PUBLIC HEARING relative to rezoning a 57.71-acre parcel from PRD- 10 (Planned Residential), 10 units/acre to POC (Planned Office Center). Recommendation: Planning & Zoning Board and Planning Depart- ment, as Local Planning Agency, recommend approval. Action: To adopt the Ordinance on Second Reading. 12. Ordinance No. 7Q-86 - Chan~in~ the Citv's Land Use Plan Desi~na- tion (Wiebelt). Second Reading and Second PUBLIC HEARING relative to changing the City's Land Use Plan Designation in the Comprehensive Plan for a 0.85-acre parcel from MF-15 (Multiple Family) 15 units/acre to C (Commercial), located on the west side of Florida Boulevard, between Avenue "E" and Avenue "CR. Recommendation: Planning & Zoning Board and Planning Depart- ment, as Local Planning Agency, recommend approval. Action: To adopt the Ordinance on Second Reading. 13. Ordinance No. 80-86 Wiebelt Rezonin~. Second Reading and PUBLIC HEARING relative to rezoning a 0.85-acre parcel from RM- 15 (Multiple Family Dwelling) District to SC (Specialized Commercial) District. Recommendation: Planning & Zoning Board and Planning Depart- ment, as Local Planning Agency, recommend approval. Action: To adopt the Ordinance on Second Reading. 14. Ordinance No. 81-86 - Chan~in~ the Citv's Land Use Plan Desi~na- tion (Delrav Beach Railroad Deoot Comoanv). Second Reading and Second PUBLIC HEARING relative to changing the City's Land Use Plan Designation in the Comprehensive Plan for a 1.66-acre parcel from I (Industrial) to C (Commercial), located north of West Atlantic Avenue, between 1-95 and the Seaboard Air Line Railroad. Recommendation: Planning & Zoning Board and Planning Depart- ment, as Local Planning Agency, recommend approval. Action: To adopt the Ordinance on Second Reading. AGENDA 11-25-86 Page 2 15. Ordinance No. 82-86 Delrav beach Railroad Deoot Comoanv Rezonin~. Second Reading and PUBLIC HEARING relative to re- zoning a 1.66-acre parcel from MI (Medium Industrial) District to GC (General Commercial) District. Recommendation: Planning & Zoning Board and Planning Depart- ment, as Local Planning Agency, recommend approval. Action: To adopt the Ordinance on Second Reading. 16. Ordinance No. 8,-86 - Chan~in~ the Citv's Land Use Plan Desi~na- tion (Delrav Town Center/Delrav Town Center Executive Plaza). Second Reading and Second PUBLIC HEARING relative to changing the City's Land Use Plan Designation in the Comprehensive Plan for a 20-acre parcel from SF (Single Family Dwelling) District to C (Commercial), in part, and POI (Professional, Office and Institutional), in part, located at the northeast corner of Linton Boulevard and Military Trail. Recommendation: As Local Planning Agency, Planning & Zoning Board recommends denial and Planning Depart- ment recommends approval. Action: To adopt the Ordinance on Second Reading. 17. Ordinance No. 84-86 Delrav Town Center/Delrav Town Center Executive Plaza Rezonin~. Second Reading and PUBLIC HEARING relative to rezoning the westerly 10 acres (Delray Town Center) from R-IAA (Single Family Dwelling) District to LC (Limited Commercial) District, and rezoning of the easterly 10 acres (Delray Town Center Executive Plaza) from R-IAA (Single Family Dwelling) District to POC (Planned Office Center) District. Recommendation: As Local Planning Agency, Planning & Zoning Board recommends denial and Planning Depart- ment recommends approval. Action: To adopt the Ordinance on Second Reading. 18. Ordinance No. 8~-86 - Amendin~ Zonin~ Code - CF (Communitv Faci- Ii ties) District. Second Reading and PUBLIC HEARING amending Chapter 30 "Zoning" of the Code of Ordinances to create CF (Community Facilities) District. Recommendation: Planning & Zoning Board and Planning Depart- ment recommend approval. Action: To adopt the Ordinance on Second Reading. 19. Ordinance No. 86-86 - Amendin~ Zonin~ Code - Off-Street Parkin~ - Communi tv Facilities. Second Reading and PUBLIC HEARING amend- ing Chapter 30 "Zoning" of the Code of Ordinances relative to off-street parking regulations for Community Facilities. Recommendation: Planning & Zoning Board and Planning Depart- ment recommend approval. Action: To adopt the Ordinance on Second Reading. 20. Ordinance treatment. 29 "Water regulation No. 88-86 - Amendin~ Code - Industrial Waste and Pre- Second Reading and PUBLIC HEARING amending Chapter and Sewers" of the Code of Ordinances to provide for for industrial waste and pretreatment. Recommendation: Council action. Action: To adopt the Ordinance on Second Reading. AGENDA 11-25-86 Page 3 *21. Ordinance No. QO-86 Chan~in~ the Ci tv's Land Use Plan Desi~- nation (Lehman). First Reading and First PUBLIC HEARING relative to changing the City's Land Use Plan Designation in the Comprehensive Plan for a 2.317-acre parcel from MF-IO (Multiple Family), 10 units/acre to C (Commercial), located on the south side of Lindell Boulevard, between U. S. Highway 1 and Dixie Highway. Recommendation: Planning & Zoning Board and Planning Depart- ment, as Local Planning Agency, recommend approval. Action: To pass the Ordinance on First Reading. Note: If passed, Second Public Hearing December 16th. PROCEDURAL ITEMS 22. Approval of minutes of Regular Meeting of October 28, 1986, and Special Meetings of November 4, 1986 and November 11, 1986. 23. Comments and Inquiries on Non-Agenda Items: a. Council b. City Attorney c. City Manager d. Citizens CONSENT AGENDA *24. Golf low with Course Well Drillin~. Consider award of contract to the bidder, Youngquist Brothers, in the amount of $294,675, funds to come from the 1983 Revenue Bonds. Recommendation: Director of Public Utilities recommends ap- proval. Action: Motion to award contract. *25. Reauisition No. 8 Foster Marine Contractors. Inc. authorizing payment of Requisition No. 8 in the $23,374.81, Intracoastal Waterway crossing expansion, to come from the 1984 Revenue Bond. Consider amount of with funds Recommendation: Director of Public Utilities recommends ap- proval. Action: Motion to approve. *26. Water Treatment Plant Polvmer. contract to the low bidder, Polyphosphate process chemical, to come from the 1986/87 budget. Consider award of a one year Shanon Chemical Corporation for at a cost of $28,000, with funds Recommendation: Director of Public Utilities recommends ap- proval. Action: Motion to award contract. *27. Countv Road Imorovements - Future Landscaoin~. Consider request that the County include provisions for landscaping in connection with future roadway construction in the City. The agreement requires that the City pay the cost for the conduits installed. Recommendation: Director of Public Works/City Engineer recom- mends approval. Action: Motion to approve. * 28. Waiver of Advertisin~ waiver of advertising aluminum traffic signs 28l! per pound. Scrao Aluminum. Consider authorizing and allow the City to sell our scrap to Florida Metal Recycling of Delray for Recommendation: City Manager recommends approval. Action: Motion to approve. AGENDA 11-25-86 Page 4 * 29. Nuisance Abatement. Resolution No. 62-86 assesses costs of abat- ing nuisances in accordance with Section 13-13 on 15 parcels. Recommendation: City Clerk recommends approval. Action: To adopt the Resolution. * 30. Easement Abandonment Portion of Princess Boulevard. Reso- lution No. 63-86 abandons a portion of Princess Boulevard (lying between the east line of Lots 26 and 47, Sands O'Sea Subdivision and the east line of the existing right-of-way of Germantown Road). The property is located on the east side of Germantown Road, between Linton Boulevard and Queens Avenue. Recommendation: Planning & Zoning Board and Planning Depart- ment recommend approval. Action: To adopt the Resolution. * 31. Allev Abandonment - Hofman Addition to Delrav (Acura of Delrav Beach). Resolution No. 64-86 abandons a 16-foot alley lying east of and adjacent to Lots 38 through 43, inclusive, within the Hofman Addition to Delray, located on the east side of N. E. 6th Avenue, between N. E. 6th Street and N. E. 7th Street. Recommendation: Planning & Zoning Board and Planning Depart- ment recommend approval, subject to the acceptance and recordation of an easement deed for a replacement easement. Action: To adopt the Resolution. 32. Acceotance of Easement Deed - Hofman Addition to Delrav. Con- sider acceptance of an easement deed granting a 16-foot utility easement as replacement for an alley abandonment. Recommendation: Planning & Zoning Board and Planning Depart- ment recommend approval. Action: Motion to approve. * 33. Nuisance Abatement. Resolution No. 65-86 assesses costs in the amount of $4,210.80 for abatement action regarding demolition of an unsafe building located at 338 Southridge Road. Recommendation: Director of Development and Inspection/CBO recommends approval. Action: To adopt the Resolution. REGULAR AGENDA 34. Atlantic Plaza Off-Site Parkin~ A~reement. Consider approval of execution of contract between the City and Atlantic Plaza, Ltd. which was a condition to the approval for conditional use and site plan. The property is located at 777 East Atlantic Avenue. Recommendation: Council action. Action: Motion to approve. * 35. Marv Chesnick Settlement. Consider settlement of the City of Delray Beach vs Mary Chesnick Workers' Compensation Claim in the amount of $150,000. Recommendation: City Manager, City Attorney and Risk Manage- ment Administrator recommend approval. Action: Motion to approve. * 36. Industrial Waste and Pretreatment A~reement. Consider authoriz- ing execution of agreement between the South Central Regional Wastewater and Treatment and Disposal Board and the Cities of Delray Beach and Boynton Beach, setting forth the terms and conditions upon which the Cities may discharge wastewater effluent to the POTW's Regional Treatment facilities. Recommendation: Council action. Action: Motion to approve. AGENDA 11-25-86 Page 5 &37. Conditional Use and Site Plan Aooroval Su~ar Plum Tree II. Consider request for conditional use and site plan approval for Sugar Plum Tree II, a proposed child care facility, located east of N. E. 2nd Avenue, between Dixie Boulevard and Palm Court. Recommendation: Planning & Zoning ment recommend conditions. Action: Motion to approve. Board and Planning Depart- approval, su bj ec t to * 38. Condi tional Use Consider request a 4.02-acre site Germantown Road. auto dealership ground uses). and Site Plan Aooroval - Bill Wallace Nissan. for conditional use and site plan approval for at the northeast corner of Linton Boulevard and The applicant proposes a 23,118 square foot (office/showroom, auto/service and associated Recommendation: Planning & Zoning ment recommend conditions. Action: Motion to approve. Board and Planning Depart- approval, subject to * 39. Site Plan Aooroval - Delrav Town Center/Delrav Town Center Exec- utive Plaza. Consider request for site plan approval for Delray Town Center, a proposed 85,105-square foot, retail center with a free-standing financial institution with drive-through facili- ties, and for Delray Town Center Executive Plaza, a proposed 98,950-square foot business and professional office development, located at the northeast corner of Linton Boulevard and Military Trail. Recommendation: The Planning & Zoning Board failed to make a recommendation due to a split vote (3-3). The Planning Department recommends approval, subject to conditions. Action: Motion to approve. * 40. Ford Pursuit Vehicles Police Deoartment. Consider award of State contract to Don Reid Ford, Maitland, Florida for 15 4-door LTD Crown Victoria (S) vehicles at a cost of $161,377.50 ($10,086.09 each), with funds to come from the 1986/87 budget. Recommendation: City Manager and Police Chief recommend ap- proval. Action: Motion to award contract. * 41. Recodification Code of Ordinances. Consider authorizing execution of agreement between the City and American Legal Publishing Company for recodification of Code of Ordinances. Recommendation: Council action. Action: Motion to approve. * 42. Ordinance No. Ql-86 - Lehman Rezonin~. First Reading rela ti ve to rezoning a 2.317-acre parcel from RM-IO (Multiple Family Dwelling) District to SC (Specialized Commercial) District, located on the south side of Lindell Boulevard, between U. S. Highway No. 1 and Dixie Highway. Recommendation: Planning & Zoning Board and Planning Depart- ment recommend approval. Action: To pass the Ordinance on First Reading. Note: If passed, Public Hearing December 16th. AGENDA 11-25-86 Page 6 *43. Ordinance No. Q2-86 - Baker Annexation. First Reading relative to annexing a 0.38-acre parcel subject to R-IAA (Single Family) Zoning District, located at the southwest corner of N. W. 1st Avenue and N. W. 22nd Street. Recommendation: Acting Planning Director recommends approval since the request is consistent with the City's Land Use Plan. Action: To pass the Ordinance on First Reading. Note: If passed, Public Hearing January 13, 1987. * 44. Ordinance No. Q,-86 Amendin~ Code Two-Hour Parkin~ Areas. First Reading amending Chapter 26 "Traffic" of the Code of Ordi- nances relative to adding two additional parking areas where two- hour zones are applicable. Recommenda tion: Down town Development Au thori ty, Public Works/City Engineer and recommend approval. Action: To pass the Ordinance on First Reading. Note: If passed, Public Hearing December Director of Police Chief 16 tho *45. Ordinance No. Q4-86 Amendin~ Code Draina~e Conditions. First Reading amending Chapter 9 "Buildings and Construction" of the Code of Ordinances to provide a certificate of drainage con- ditions. Recommendation: Council action. Action: To pass the Ordinance on First Reading. Note: If passed, Public Hearing December 16th. *46. Ordinance No. Q7-86 Amendin~ Zonin~ Code Definition of Familv. First Reading amending Chapter 30 "Zoning" of the Code of Ordinances relative to definition of family. Recommendation: Council action. Action: To pass the Ordinance on First Reading. Note: If passed, Public Hearing December 16th. *47. Emer~encv Ordinance No. Q8-86 - Moratorium on Residential Con- version. Declaring an emergency and enacting a moratorium on the issuance of any City approval or permits which approve of or permit the conversion of properties from commercial uses to residential uses located in SC, GC, CBD, and LC zoning districts. Recommendation: Council action. Action: To adopt the Ordinance. AGENDA 11-25-86 Page 7