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08-28-84 Regular THE CITY OF DELRAY BEACH REGULAR MEETING - CITY COUNCIL August 28, 1984 7:00 p.m. AGENDA Council Chambers 1. Roll Call. 2. Invocation. 3. Pledge of Allegiance to the Flag. 4. Approval of minutes of Regular meeting of August 14, 1984 and Special Meetings of August 7, 1984 and August 17, 1984. 5. Comments and Inquiries on Non-Agenda Items: a. Citizens b. Council c. City Attorney d. City Manager 6. Agenda approval. Action: Motion to approve. PUBLIC HEARING 7. Ordinance No. 53-84 Linton Sauare at Lavers Annexation. Second Reading and PUBLIC HEARING relative to annexing an 18.82- acre parcel subject to SAD (Special Activities District), located on the south side of Linton Boulevard between S. W. 4th Avenue and S. W. 10th Avenue. Recommendation: Planning & Zoning Board approved 6-0. Action: To adopt the Ordinance on Second Reading. 8. Ordinance No. 54-84 - Linton Sauare at Lavers Rezoning. Condi- tional Use. Site and Develooment Plan Aooroval. Second Reading and PUBLIC HEARING relative to rezoning an 18. 82-acre parcel subject to SAD (Special Activities District), located on the south side of Linton Boulevard between S. W. 4th Avenue and S. W. 10th Avenue. Recommendation: Planning & Zoning Board approved 6-0. Action: To adopt the Ordinance on Second Reading 9. Ordinance No. 60-84 - Amended Code - Board of Construction Aooeals. Second Reading and PUBLIC HEARING amending Chapter 9 "Buildings and Construction" of the Code of Ordinances limiting the duration of terms of office on the Board of Construction Appeals from three years to two years and that no member may serve more than two successive terms. Rec~mmendation: Council action. 11. Ordinance No. 62-84 Amending Code Internal Audit Committee. Second Reading and PUBLIC HEARING amending Chapter 2 "Administration" of the Code of Ordinances relative to providing for limitation on successive terms to two terms on the Internal Audit Committee. Recommendation: Council action. Action: To adopt the Ordinance on Second Reading. 12. Ordinance No. 63-84 - Amending Code Community Aooearance Board. Second Reading and PUBLIC HEARING amending Chapter 9 "Buildings and Construction" of the Code of Ordinances to provide that no member of the Community Appearance Board may serve more than two successive terms. Recommendation: Council action. Action: To adopt the Ordinance on Second Reading. 13. Ordinance No. 64-84 - Zoning Ordinance Amendment - Board of Adj ustment. Second Reading and PUBLIC HEARING amending Chapter 30 "Zoning" of the Code of Ordinances relative to reducing the number of alternates composing the Board of Adjustment from five to two. Recommendation: Council action. Action: To adopt the Ordinance on Second Reading. 14. Ordinance No. 65-84 - Amending Code - Code Enforcement Board. Second Reading and PUBLIC HEARING amending Chapter 2 "Administration" of the Code of Ordinances to broaden the requirements for the qualification of members of the Code Enforcement Board. Recommendation: Council action. Action: To adopt the Ordinance on Second Reading. 15. Ordinance No. 66-84 - Site Plan Modif ication - South Delrav Shoppina Plaza. Phase II. Second Reading and PUBLIC HEARING amending Ordinance No. 64-83 which established a SAD (Special Acti vi ties Distr ict) for South Delray Shopping Plaza, Phase II relative to conversion of 16 duplexes (32 units) to a 40-unit multiple family project being developed. Recommendation: Planning & Zoning Board approved 6-0. Action: To adopt the Ordinance on Second Reading. CONSENT AGENDA 16. Tent Permit Request - Dauahters of Zion Seventh-Dav Adventist Church. Consider request for a 40x60 foot tent to be erected at the Daughter of Zion Seventh-Day Adventist Church located on S. W. lOth Street and S. W. 6th Avenue from August 28th through September 8, 1984. Recommendation: Director of Development and Inspection/CBO recommends approval. Action: Motion to approve. *17 "'H-", P1"n Annum,,] - Rainh",rrv Bav. section 10. Consider re- * 18. * 19. * 20. * 21. * 22. * 23. Final Plat Aporoval - Ocean Cay. Consider plat approval for Ocean Cay, an approved family project, located on the west side of Del Mar Drive and Atlantic Avenue. request for final 13-unit multiple AlA between Vista Recommendation: Planning & zoning Board approved 7-0. Action: Motion to approve. 1984 Beach Renourishment Project. Consider authorizing Arthur V. strock & Associates, Inc. to proceed with Phase II and Phase III of the Environmental Monitoring Program for the 1984 Beach Renourishment Project. The Department of Natural Resources is preparing a contract which will include 75% of the environ- mental monitoring costs which are not covered by Corps of Engineers' funding. The estimated cost of Phase II is $113,565 and Phase III is $37,510. The City's share will amount to $37,769, with funds to come from the Erosion Control Fund. Recommendation: Director of Public Works/City Engineer recom- mends approval. Action: Motion to approve. Annexation Request Northeast Corner of I-95 and Linton Boulevard (William L. and Kathleen S. Wallace). Resolution No. 63-84 requests permission from the Palm Beach County Board of Commissioners to rezone a 7.29-acre parcel. It is zoned CG (General Commercial) in the County and is designated C (Commercial) on the City's Land Use Plan. Recommendation: Planning & Zoning Board (7-0 vote) mends that the property be annexed to SC (Specialized Commercial) district. Action: Motion to adopt the Resolution. recom- subject zoning Annexation Request Northeast Corner of I-95 and Linton Boulevard (William L. Wallace). Resolution No. 64-84 requests permission from the Palm Beach County Board of Commissioners to rezone a 2. 78-acre parcel. It is zoned RH (Residential High Density) in the County and is designated I (Industrial) on the City's Land Use Plan. Recommendation: Planning & Zoning Board mends that the property to LI (Light Industrial) to adopt the Resolution. (7-0 vote) recom- be annexed subject zoning district. Action: Motion REGULAR AGENDA N. W. 5th Avenue Improvements. Consider award of a contract to Campanella Corporation in the amount of $407,312.56 for road and sidewalk improvements to N. w. 5th Avenue. Recommendation: Planning Director recommends approval, sub- ject to conditions set forth in the attached memorandum. Action: Motion to approve. N. W. 5th Avenue Imorovements. Consider extension of agreement n"t-<>n Nnvpmh",r 11. lCJR1 between the Citv and Barker. Osha & * 24. * 25. * 26. * 27. * 28. * 29. si te Plan Aooroval - Sherwood Pontiac. Consider request for site plan approval for Sherwood Pontiac, an existing automobile dealership to allow the addition of a 8,720 square foot paint and body shop. The property is located north of LaMat Avenue, between Dixie Highway and South Federal Highway. Recommendation: planning & Zoning Board approved 7-0, sub- ject to the conditions set forth in the attached memorandum. Action: Motion to approve. Extension Reauest - The Harbour's Edge. Consider request for a four month extension of the time period in which the developer retains the option to substitute The Harbour's Edge site plan, a 276-unit life care facility for the Old Harbour site plan, a 304-unit condominium project. This option will expire on August 30, 1984. The property is located at the northwest corner of Linton Boulevard and the Intracoastal Waterway. Recommendation: Planning & zoning Board recommends denial (6- 1 vote with Carey dissenting) for the reasons set forth in the attached memorandum. Action: Motion to deny. Ordinance No. 55-84 - Zoning Ordinance Amendment - Special Set- back Requirements. First reading amending Chapter 30 "Zoning" of the Code of Ordinances relative to establishing a setback of 30 feet on both sides of Linton Boulevard; 30 feet on both sides of Congress Avenue and 30 feet on both sides of Military Trail. Recommendation: Planning & Zoning Board approved 5-0. Action: To pass the Ordinance on First Reading. Note: If passed, Public Hearing September 25th. Ordinance No. 67-84 - Amending Code - Pensions for General Emolovees. First Reading amending Chapter 18 "Pension and Retirement" of the Code of Ordinances relative to pensions for general employees. Recommendation: General Employees Retirement Committee. Action: To pass the Ordinance on First Reading. Note: If passed, Public Hearing September 25th. Ordinance No. 68-84 - Zoning Ordinance Amendment - Recreational Vehicles. First Reading amending Chapter 30 "Zoning" of the Code of Ordinances relative to regulations for the parking, storing or keeping of commercial vehicles, boats, buses, trailers and trucks. Recommendation: City Council. Action: To pass the Ordinance on First Reading. Note: If passed, Public Hearing September 25th. Ordinance No. 69-84 William L. and Kathleen S. Wallace Annexation. First Reading relative to annexing a 7.29-acre parcel, subject to SC (Specialized Commercial) zoning district, located at the northeast corner of I-95 and Linton Boulevard. * 30. Ordinance No. 70-84 - William L. Wallace Annexation. First Reading relative to annexing a 2.78-acre parcel, subject to LI (Light Industr ial) zoning distr ict, located at the northeast corner of I-95 and Linton Boulevard. Recommendation: Planning & Zoning Board approved 7-0. Action: To pass the Ordinance on First Reading. Note: If passed, Public Hearing September 25th. * 31. Agreement between the City. Palm Beach Countv and LIR Develop- ment Comoanv. Consider author izing execution of agreement be- tween the City, Palm Beach County and LIR Development Company to accept a contribution of $250,000 from LIR Development Company in lieu of and in addition to the County's Fair Share or Road Impact Fees for the purpose of widening Linton Boulevard to six lanes. Recommendation: Council action. 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 proceedings, 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.