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01-04-00JANUARY 4, 2000 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Jay Alperin in the Commission Chambers at City Hall at 6:00 p.m. on Tuesday, January 4, 2000. Roll call showed: Present - Commissioner Patricia Archer Commissioner David Randolph Commissioner David Schmidt Commissioner Michael Wright Mayor Jay Alperin Absent - None Also present were - City Manager David T. Harden and City Attorney Susan A. Ruby 2. The opening prayer was delivered by Reverend Hatthew ("Bump") Hitchell, Christ Hissionary Baptist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. o Agenda Approval. Mayor Alperin noted that the approval of the Minutes of the Regular Meeting of December 7, 1999 and December 14, 1999 would be deferred to a future meeting. The City Manager stated that Item 8.I.2., Bid Award for a Replacement Vehicle, should be removed from the agenda as there is a question yet to be resolved. Hrs. Archer moved to approve the agenda as amended, seconded by Hr. Randolph. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. o Approval of Minutes: The approval of the Minutes of the Regular Meeting of December 7, 1999 and the Minutes of the Regular Meeting of December 14, 1999 was deferred to a future meeting. o Proclamations: None 7. Presentations: None o CONSENT AGENDA: City Manager recommends approval. AUTHORIZATION FOR SUPERVISOR OF ELECTIONS TO HANDLE MUNICIPAL ELECTION ITEMS: Authorize the Palm Beach County Supervisor of Elections to handle and canvass the City's absen- tee ballots for the March 14, 2000 municipal election, and represent the City at the requisite logic and accuracy tests. 8.B. ACCEPTANCE OF EASEMENT DEED/EMMANUEL EVANGELICAL LUTHERAN CHURCH: Accept an easement deed from Emmanuel Evangelical Lutheran Church granting to the City a 12 ft. utility easement to accommodate the installation and maintenance of water and sewer main extensions in conjunction with the construction of the church. 8.C. AUTHORIZATION TO PROCEED/SEVEN YEAR PERFORMANCE MONI- TORING STUDY OF THE BEACH NOURISHMENT PROJECT: Authorize Coast- al Planning & Engineering, Inc. to proceed with the Seven Year Performance Monitoring Study of the beach nourishment project at a cost not to exceed $35,998. Funding is available from 332- 4164-572-31.30 (Beach Restoration Fund). The majority of the cost will be reimbursed from federal, state and county appropriations. 8.D. AGREEMENTS/RESOLUTIONS WITH FDOT & FEC RAILWAY FOR UPGRADE OF RAILROAD CROSSINGS AT LINDELL BOULEVARD AND GEORGE BUSH BOULEVARD: Approve two agreements and the respective resolutions (Nos. 3-00 and 4-00) between the City, the Florida Department of Transportation and the FEC Railway for the upgrade of the railroad crossings at Lindell Boulevard and George Bush Boulevard. 8.E. AGREEMENT FOR SIDEWALK IMPROVEMENTS/MUCHA & KLINE: Approve an agreement between the City and Michael Mucha & Caro- lyn Kline to allow the deferral of sidewalk improvements within the Spanish Trail and Dogwood Drive rights-of-way immediately abutting Lot 130, Second Section of Tropic Isle, until such time as the City requests the sidewalk to be constructed. 8.F. AGREEMENT FOR SIDEWALK IMPROVEMENTS/250 PROFESSIONAL BUILDING (JOHN R. WESTINE): Approve an agreement between the City and Dr. John R. Westine to allow deferral of sidewalk improvements within the Royal Court right-of-way immediately abutting Lot 24, Block 10, Del-Ida Park, associated with the construction of a 10 space parking lot for the 250 Professional Building, until such time as the City requests the sidewalk to be constructed. 8.G. RESOLUTION NO. 2-00: Approve a resolution assessing -2- 1/04/00 costs for the abatement of nuisances on sixteen (16) properties throughout the City. The caption of Resolution No. 2-00 is as follows: A RESOLUTION OF THE CITY COHHISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOM- PANY THE NOTICE OF ASSESSMENT, SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOM- PLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. (The official copy of Resolution No. 2-00 is on file in the City Clerk's office.) 8.H. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period December 13th through December 30, 1999. 8.I. AWARD OF BIDS AND CONTRACTS: Purchase award in the amount of $17,140.00 to Otto Industries, Inc., sole source vendor, for the purchase of 404 new garbage carts, with funding from 433-3711-534-49.35 (Sanitation Fund - Cart Renewal & Replacement). 2. REMOVED o Service award in the amount of $14,000.00 to Pressure Cleaning Services, Inc. for the cleaning (descaling) of four (4) clarifiers at the Water Treatment Plant, with funding from 441-5122-536- 34.90 (Water Treatment & Storage - Other Contractual Services). Hr. Schmidt moved to approve the Consent Agenda, as amended, seconded by Hr. Randolph. Upon roll call the Commis- sion voted as follows: Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 5 to 0 vote. 3 1/04/00 With respect to Item 8.D., Agreements with FDOT and the FEC Railway for upgrade of the railroad crossings at Lindell Boulevard and George Bush Boulevard, the City Manager stated that getting the George Bush Boulevard crossing upgraded will allow the City to install the pedestrian crossing at that loca- tion. This was a Decade of Excellence project that the City has never been able to do because the railroad crossing alone would have cost over $100,000. With this agreement, the City will now be able to go ahead and finish that Decade of Excellence project which is the only one outstanding. o REGULAR AGENDA: 9.a. RESOLUTION NO. 1-00 (RESOLUTION OF NECESSITY FOR SEACREST/DEL-IDA PARK SPECIAL ASSESSMENT DISTRICT): Consider approval of a resolution declaring the necessity for public improvements for the Seacrest/Del-Ida Park neighborhoods, and directing the establishment of a special assessment district to defray a part of the expense for such improvements. The caption of Resolution No. 1-00 is as follows: A RESOLUTION OF THE CITY COHHISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DECLARING THE NECESSITY FOR PUBLIC IMPROVEMENTS FOR THE SEACREST/DEL-IDA NEIGHBORHOODS AS SHOWN ON EXHIBIT "A", R_ND DIRECTING THE ESTABLISHMENT OF A SPECIAL ASSESSMENT DISTRICT TO DEFRAY A PART OF THE EXPENSE FOR PUBLIC IMPROVEMENTS TO THE SEACREST/DEL-IDA NEIGHBORHOODS, PROVIDING FOR THE ESTINLATED COST OF THE IMPROVEMENTS; PROVIDING FOR THE PREPARATION OF THE ASSESSMENT ROLL. (The official copy of Resolution No. 1-00 is on file in the City Clerk's office.) Brian Shutt, Assistant City Attorney, stated that the City has worked closely with the Seacrest and Del-Ida Park neighborhood associations in developing a plan for the special assessment district that is acceptable to all concerned. The total projected cost for the construction of the sidewalks with driveway aprons, landscaping, repaving and regrading of swales, roundabouts, and landscaping medians is $1,543,900.50. The property owners will be assessed for one half of this cost or $771,950.25. The City will pay the other half of the cost. Once the resolution of necessity is passed by the City Commis- sion, staff will begin preparing the preliminary assessment roll. -4- 1/04/00 Mr. Wright moved to approve Resolution No. 1-00, seconded by Hrs. Archer. Upon roll call the Commission voted as follows: Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. S.S. SPECIAL EVENT REQUEST/ART & JAZZ ON THE AVENUE: Consider a request for special event approval for Art & Jazz on the Avenue scheduled for January 27, 2000, including temporary use permit and street closure, staff support, use of City equip- ment, and specified overtime costs. Hr. Randolph moved to approve the special event re- quest for the January 27, 2000 Art and Jazz on the Avenue as recommended by staff. The motion was seconded by Hrs. Archer. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes. Said motion passed with a 5 to 0 vote. S.C. PARKING LICENSE AGREEMENT/PETER'S STONE CRABS: Consider approval of a parking license agreement with Peter's Stone Crabs Ltd. for the use of three (3) spaces located east of N.E. 4th Avenue on the north side of Atlantic Avenue from 5:00 p.m. until 1:00 a.m., seven days per week, for valet parking queues. Robert A. Barcinski, Assistant City Manager, explained that this is basically a request to reinstate a valet parking agreement for Peter's Stone Crabs under the terms and conditions of the new standard agreement which includes the insurance and the agreement for private parking. The spaces requested were previously designated as one of the four queue locations allowed for valet use. Mrs. Archer commented that at the Parking Management Advisory Board meeting where this request was reviewed, a con- cern was expressed that this parking agreement not be rescinded and then reinstated every six months or so based on the season. She felt that necessary steps would be taken to be sure that some agreement is reached on how to handle this. Hrs. Archer moved to approve the parking license agreement with Peter's Stone Crabs Ltd., seconded by Mr. Wright. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. S.D. REQUEST FOR WAIVER OF PERMIT FEE/CORAL TRACE DEVELOP- MENT: Consider a request from Spear Coral Corporation to waive the plan check fees for the site development permits for Phase II of the Coral Trace development. 5 1/04/00 Hayor Alperin asked if there was a representative for the applicant, Spear Coral Corporation, present to speak on the request? No one came forward on behalf of the applicant. On question from Mrs. Archer, Lula Butler, Director of Community Improvement, stated that the applicant is required to submit new applications and plans for the site work for Phase II of the project. Staff is responsible for reviewing the plans again to ensure all comments have been addressed and are submit- ted in compliance with the approved site plan. It is staff's position that new fees are applicable since the submission includes changes and the initial review of the plans was done two years ago. Hence, the staff recommendation is for denial of the waiver request. Mrs. Archer moved to DENY the request to waive the plan check fees for the site development permits for Phase II of the Coral Trace development. The motion was seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Hr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. 9.E. CONDITIONAL USE REQUEST/SAND DOLLAR GRILLE (FORMERLY ROD & GUN CLUB RESTAURANT): Consider a request for conditional use approval to allow the re-establishment of a restaurant (Sand Dollar Grille, f/k/a Rod & Gun Club Restaurant). The subject property is located on the north side of West Atlantic Avenue, between Carver Middle School and Villas D'Este Apartments, and is zoned POC (Planned Office Center). QUASI-JUDICIAL PROCEEDING The City Attorney stated this item would be conducted as a quasi-judicial proceeding which allows for presentations by all involved parties, the admission of documents into the record and public testimony. The City Clerk swore in those individuals who wished to give testimony on this item. Diane Dominguez, Director of Planning and Zoning, entered the project file into the record. She stated that the Planning and Zoning Board held a public hearing on the conditional use request on December 13, 1999, and voted unanimously to recommend approval based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E) (5) of the Land Development Regulations, and policies of the Comprehensive Plan, and subject to the following revised conditions of approval: -6- 1/04/00 (1) That the site plan be in general conformity to the sketch plan and incorporate recommendations made in the Planning and Zoning Board staff report; (2) That queuing for the valet service be extended west of the porte cochere to ensure adequate stacking; (3) That a minimum five foot (5') landscape strip be provided between the parking area and the east property line; (4) That additional trees be planted along the east- ern and northern property line between the parking area and the Villas D'Este Apartments to provide a maximum spacing of 25 feet; (5) That additional trees be planted along the west- ern property line adjacent to Carver Hiddle School to provide a maximum spacing of 30 feet; (6) That the parking space at the southeastern corner of the east parking lot be eliminated and landscaped in order to provide the required 6' x 24' maneuvering apron; (7) That the parking space at the southwest corner of the building be removed and the area landscaped. There being no one else who, having been duly sworn, wished to address the Commission, the public hearing was closed. Hrs. Archer moved to approve the conditional use request to re-establish a restaurant (the Sand Dollar Grille), based upon the findings and recommendation of the Planning and Zoning Board. The motion was seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 5 to 0 vote. 9.F. CONDITIONAL USE REQUEST/BUILDING HEIGHT AND DENSITY FOR WORTHING PLACE (BLOCK 77): Consider a request for conditional use approval to allow within the Central Business District (CBD) a building height of 60 feet for a 6-story mixed use building (residential/retail) and to allow the residential units to exceed 30 units per acre for Worthing Place. The subject property is located south of Atlantic Avenue, between S.E. 1st and 2nd Avenues. QUASI-JUDICIAL PROCEEDING The City Attorney stated this item would be conducted as a quasi-judicial proceeding which allows for presentations by all involved parties, the admission of documents into the record and public testimony. -7- 1/04/00 The City Clerk swore in those individuals who wished to give testimony on this item. Diane Dominguez, Director of Planning and Zoning, entered into the record the Planning and Zoning Department's project file, including a table of contents of all of the docu- ments included therein. This includes the Comprehensive Plan, the Land Development Regulations, the Official Zoning Map, the Future Land Use Map, Transportation Concurrency Exception Area, and all of the documents, plans, letters and staff reports that are included in the file. Hs. Dominguez gave a brief history of downtown redevelopment efforts in Delray Beach to give a sense of how the subject conditional use application came about. In 1984 the Atlantic Avenue Task Force was convened and was comprised of people who were mainly interested in improving Atlantic Avenue from 1-95 to the Atlantic Ocean. Zoning and land use issues were reviewed, with a heavy concentration on beautification. The Task Force developed a number of recommendations for landscaping, lighting, paver blocks and the like. With respect to housing in the downtown, the Task Force discussed some zoning changes that would allow infill housing in the downtown. In 1985 the Community Redevelopment Agency was formed. The CPA's Community Redevelopment Plan included many objectives for stimu- lating the downtown, with a major goal being to provide additional housing. The Visions 2000 session was held in 1988. One of the focus areas was revitalization of the downtown and a number of proposals came out of Visions 2000 that were intended to stimulate the downtown while also preserving the village character. Some of the major objectives were incentives for residential uses and the provision of additional public parking. In 1989 a new Comprehensive Plan was adopted which incorporated many of the recommendations of the Visions 2000 session. In 1990 the Central Business District was expanded to include the area east of the Intracoastal Waterway and also some area to the north and south of the original CBD boundaries. In 1991, the City, along with Palm Beach County, sought an exception to traffic concurrency for the downtown area. At the time this was referred to as a Geographic Area of Exception (GAE), recognizing that the goal was revitalization of the downtown, to have new growth and have additional traffic without the burden of having to widen roads. Instead of going with the GAE, the State Legislature amended the Department of Community Affairs regulations to allow for Transportation Concurrency Exception Areas (TCEAs). The City adopted its TCEA in 1995. This allows the downtown area, along with West Atlantic and the portion of the downtown east of the Intracoastal Waterway, to be exempt from the Traffic Performance Standards ordinance of Palm Beach County in order to allow for 8 1/04/00 additional growth. In 1997 the City adopted a new Comprehensive Plan and one of the issues addressed in the Housing Element was housing in the downtown area. Hs. Dominguez then read an excerpt from the Housing Element, as follows: "A critical missing element of the downtown is a significant housing development. We recognize the importance of providing housing in close proximity to shopping, employment, transportation, and the need to have a residential base to support the businesses in the downtown area." A policy to implement this was that the Planning and Zoning Board would work with the CRA to review the Central Business District regulations to determine if there were any significant impediments to residential development in the downtown, and then the code would be amended as necessary to eliminate any such barriers. In 1998 the City Commission adopted the regulations that would allow density to exceed 30 units per acre based on meeting stated performance standards and consistency with the Comprehensive Plan and Land Development Regulations. Hs. Dominguez then reviewed the development history of Block 77, noting that in 1998 the CRA issued a Request for Proposals (RFP) for the City and CRA-owned properties located in Block 77. The objectives as stated in the RFP were to assemble a site large enough for a large scale project, provide for economic stimulation, improve marketability and demand for the retail core, increase night-time activity downtown, provide housing opportunities, eliminate slum and blight conditions, provide more parking downtown, and create jobs. Three responses were received, and the Block 77 Development Group was ultimately selected by the CRA as the developer to work with. A number of changes were then made from the original proposal, including the relocation of the residential units that were originally pro- posed to be on Block 69 to Block 77 which resulted in an addi- tional story on the building. Public parking and GRIP parking were moved to a garage on Block 69. The original idea was that much of the parking would be on Block 77. It was also deter- mined that the Block 77 Group would make a financial contribu- tion for improvements to Worthing Park as opposed to the developer redoing the park. The current development proposal includes 219 units, 12,292 sq.ft, of retail space, a 400 space parking garage on Block 77 for the residential and retail components, a 202 space parking garage on Block 69 to replace the public parking and provide parking for the GRIP building. The building is proposed at six stories (about 59 feet 6 inches). The east facade is 368 feet long and the west facade is 332 feet long. The proposal requires two conditional use requests; one to allow density greater than 30 units per acre (the proposed density is 92 units per acre) and the second request to allow a building height up to sixty (60) feet. -9- 1/04/00 Hs. Dominguez briefly reviewed the site plan for the proposed project as well as the criteria that must be met in order for the conditional use requests (both the increased height as well as the increased density) to be approved. She noted, too, that notwithstanding the ability to meet the stated criteria, the approving body may deny an application for an increased density where it is determined that the proposed project is not compatible in terms of building mass and intensi- ty of use with surrounding development. So even if all of the standards are met, there is still an "out". If a project is determined to be incompatible, it can still be denied. Hs. Dominguez commented on the other required findings for conditional use approval pursuant to LDR Section 2.4.5(E) (5) which provides that the City Commission must make a finding that establishing the conditional use will not (a) have a significantly detrimental effect upon the stability of the neighborhood within which it will be located, nor (b) hinder development or redevelopment of nearby properties. She stated that with the proposed project, the whole basis for having residential units in the downtown is to stabilize the downtown. The downtown is the neighborhood within which the project should be considered. The City has consistently advocated housing in the downtown since the mid-1980s to have people living there day-to-day, year-around so as to stabilize the businesses and provide for the basic goods and services that are needed for a truly sustainable downtown that can function when the economy takes a downtown or when Delray Beach's Atlantic Avenue is no longer the latest hot spot. She stated that the proposed project would not have a detrimental effect upon the stability of the neighborhood nor would it hinder development or redevelopment; rather, just the opposite would be expected to occur. Ms. Dominguez stated that the Planning and Zoning Board held a public hearing on the conditional use requests on December 13, 1999. The Board voted as follows: 5 to 1 (Eliopoulos dissenting) to recommend approval of the request to allow a building height of up to sixty feet, and 4 to 2 (Eliopoulos and Carter dissenting) to recommend approval of the request to allow density greater than 30 units per acre for Worthing Place. At this point, Ms. Dominguez introduced Mr. Joe McMa- hon, principal with McMahon & Associates, as an expert witness to speak on the traffic issue. Mr. McMahon, President of McMahon & Associates Trans- portation Engineers, stated that his firm was retained by the City to review the traffic study for the proposed project. His firm provided comments and questions to the applicant's traffic consultant who addressed those issues. Mr. McMahon stated that -10- 1/04/00 his firm essentially concurs with the findings of the appli- cant's consultant. He further stated that the project was reviewed relative to the Palm Beach County Traffic Performance Standards ordinance and their residential exemption for projects east of 1-95. The entire project is located within the Transportation Concurrency Exception Area (TCEA). A lower level of service and congestion is anticipated and was approved. Level of Service "E" was adopted for Atlantic Avenue and level of service "F" for Swinton Avenue. The level of service calculations included 926 total multi-family residential units by the year 2015 in the central core. The residential units in the proposed project fall within this calculation. The average daily traffic is 1,471 new trips for the proposed project. Hr. HcHahon commented that it is important to look at the peak hours of the project relative to the downtown peak hours. The proj- ect's morning peak hour is from 7:00 a.m. to 9:00 a.m. whereas the downtown peak hour is from 11:30 a.m. to 12:30 p.m., so they are complimentary in that the majority of the traffic from the project will be occurring at a time when there is not a lot of traffic existing on the streets. The afternoon peak hour for the project occurs between 4:00 p.m. and 6:00 p.m., while the downtown afternoon peak hour occurs between 3:30 and 4:30 p.m. However, the substantial amount of traffic is the residential traffic generation which is counter to the peak flow. Hr. HcHahon stated that his professional conclusion is that the traffic distribution has no negative impact on the adjacent residential developments. At this point, the applicant's presentation was made. Michael Weiner, attorney with offices at 102 North Swinton Avenue in Delray Beach, introduced himself as agent for the applicant, Block 77 Development Group. Mr. Weiner stated that the applicant is proceeding on the recommendation of the City Attorney as a quasi-judicial hearing. The standard of proof is that the proposal is consistent with the Comprehensive Plan and that the requirements of the City ordinances are met. As part of that burden, there are required findings under Chapter 3 of the Land Development Regulations and under Section 2.4.5 of the Land Development Regulations. Mr. Weiner stated that he wished to adopt the staff report where it is concluded that the project meets each and every one of the requirements of those particular ordinances. Hr. Weiner noted that a standard application and a sketch plan showing the improvements have been submitted by the applicant, along with a presentation before the Planning and Zoning Board on December 13, 1999, as well as tonight's presentation before the City Commission, including the Powerpoint presentation, as well as other submissions to Planning and Zoning staff, all of which are incorporated by reference into the record. The processing fee has been paid. Hr. Weiner stated that the resumes of the applicant's witnesses -11- 1/04/00 and experts showing the respective expertise have been submitted. Hr. Weiner stated that a great number of civic organ- izations, independent of the City, have reviewed the proposal and affirmatively supported the concept with each recommending approval. These organizations include the Council of 100, Pineapple Grove Main Street, Delray Beach Merchants Association, Delray Beach Chamber of Commerce, Old School Square, the Community Redevelopment Agency, the Downtown Develo'}ment Authority and the West Atlantic Redevelopment Coalition. The proposal has also been scrutinized at no less than eleven (11) different public meetings before three different boards (i.e. the CPA, the Planning and Zoning Board and the Historic Preservation Board), and has previously been before the City Commission. Hr. Weiner stated that at all of these meetings there was a favorable and positive vote moving the proposal forward. Hr. Weiner then discussed the proposed project's compatibility with the Comprehensive Plan. He stated that the Plan set the goal of obtaining a significant residential housing component in the downtown which would be a part of a mixed use development within a compact and vibrant downtown, accompanied by innovative parking solutions. Hr. Weiner cited passages from the Housing, Future Land Use, Transportation and Intergovernmen- tal Coordination Elements of the Comprehensive Plan in support of the proposed project's compatibility with the stated poli- cies, goals and objectives of the City's adopted plan. He summarized by stating that the Block 77 mixed use proposal is consistent with the Comprehensive Plan and, in fact, the Compre- hensive Plan encourages such a proposal. Hichael Covelli, with the planning firm of Caulfield & Wheeler, gave a presentation in which he discussed in detail how the Block 77 development proposal has been designed so as to be physically and architecturally compatible with the surrounding area. He reviewed each of the performance standards set forth in the Land Development Regulations and outlined how the project had complied with each one. Hr. Covelli concluded his presenta- tion by discussing the building height issue from the perspec- tive of a pedestrian walking along the Atlantic Avenue corridor. Richard Orman, Ph.D. in Master Planning, addressed the Commission concerning the compatibility of the proposal in terms of its function and economics with the surrounding area. Dr. Orman testified that the project is consistent with the City's Comprehensive Plan, that it is compatible with the surrounding land uses and that it implements the City's vision as set forth through the stated goals, objectives and policies of the Compre- hensive Plan. He testified as to the economic and functional -12- 1/04/00 compatibility with current and future uses, stating that the proposed Worthing Place project will not be detrimental to the stability nor hinder the redevelopment of the surrounding neigh- borhood. Rather, there is a need for a consistent customer base to support businesses in the downtown for long term sustainability as opposed to only the restaurant and entertainment ventures. Dr. Orman also addressed the City's vision for maintaining the "village-like" ambiance of Delray Beach, asserting that it is not so much physical but rather rooted in the community itself where there is a sense of belonging, history and tradition. Downtown Delray Beach is clearly a distinctive and identifiable place with a sense of identity, inclusiveness and face-to-face interaction which is really what 'urban' is all about. Dr. Orman stressed that Delray Beach and every small city interested in revitalizing its downtown needs every residential pedestrian it can attract to assure its long term sustainability. He stated his professional opinion that the approval of the Worthing Place/Block 77 project is consistent with the City's Comprehensive Plan, the project design is compatible with the existing and surrounding land uses and with future land uses, and that the project is economically compatible with and essential to the long term viability of the downtown and toward implementing the vision of the City for a village-like community by the sea. Hr. Weiner reiterated that the development proposal meets each and every one of the required design standards, noting that the applicant went to the degree that was necessary to meet the requirements as interpreted by staff. The Comprehensive Plan said to remove impediments and get a significantly large housing component downtown. The City Commission passed ordinances that said any such project would be designed so as to fit the downtown experience and to be sensitive to any difficulties of mass and intensity. Ail of the adopted standards provide for a proposal that is going to have varying horizontal and vertical planes to the building, a 5- story appearance, diverse architectural elements, screening of automobiles, pedestrian links, upscale amenities and so forth. Hr. Weiner stated that by going through this exercise, the City is going to get exactly what it wanted, namely, a project that is not massive and not intensive, and one that fits with the Delray Beach experience. Mr. Weiner reiterated that the Planning and Zoning staff report states that the proposal meets or exceeds all concurrency requirements, all items of the performance standards are met or exceeded, and the proposal is consistent with the Comprehensive Plan and compatible with the surrounding area, creating stability and encouraging redevelopment as called for under the Land Development Regulations of the City of Delray Beach, including, but not limited to, Chapter 3 and Section 2.4.5. In view of these findings, Hr. Weiner asked that the City Commission approve the -13- 1/04/00 conditional uses that the Historic Preservation Board, the Planning and Zoning Board, the Planning and Zoning staff, and the Community Redevelopment Agency have previously approved. At this point, Hayor A1perin prefaced the opening of the public hearing by clarifying that each speaker would be limited to a maximum of three minutes. He asked that everyone conduct themselves courteously and considerately so that every- one would have an equal opportunity to be heard. The public hearing was opened. Hichael Listick, 616 East Atlantic Avenue, and Chair- man of the Downtown Development Authority and member and Chair- man of the Downtown Joint Venture, stated that these organiza- tions have worked for many years to help bring about the stated goal of bringing a significant residential project to the down- town. The development proposal for Block 77 came in response to the CRA's and the City's call. The developers have been very cooperative and have tried to accommodate everything that has been asked of them. Mr. Listick felt they ought to be encour- aged especially if we expect to receive quality responses to future RFPs. The proposed project represents many of those things that the entire community has been working so hard to bring to the downtown. Mr. Listick felt it would be a terrible blow if we were to step backward at this point. Joe Gillie, Director of Old School Square, 51 North Swinton Avenue, reiterated Old School Square's position to support the City Commission in a partnership to redevelop the area surrounding Old School Square, and also to support the CRA's choice of development in the RFP process and the selection of Block 77 for the development of Worthing Place. Mr. Gillie further stated he feels there is a direct link between the parking garage and the success of Old School Square. Based on the success the facility has enjoyed thus far, he urged the City Commission to consider the parking and the direct link that the proposed Worthing Place project will have to Old School Square. Jon Levinson, 943 Evergreen Drive, and Vice-Chairman of the Downtown Development Authority, stated that the DDA has supported the proposed project from its inception and has voted twice to support Worthing Place. The project will do a great deal for the DDA in providing additional tax revenues which can help in what is now the expanded DDA area west of Swinton Avenue to 1-95. The DDA is also excited about the prospect of having residential housing downtown since that has been another focus area. Mr. Levinson stated that the DDA is very much in support of the Worthing Place project. Irwin Rockoff, 743 N.W. 23rd Lane, stated his opposi- tion to the Block 77 proposal based on the way it has been -14- 1/04/00 presented and the scope of the proposal. He is not opposed to residential housing in the downtown; however, the Block 77 project is too big for the site and there is no guarantee that the people who will be renting there will support the downtown or become part of the community. Mr. Rockoff stated that the community should be concerned about who is going to pay for this if it turns out to be a big mistake. He felt it would be a mistake to approve the project. Dudley Remus, 35 S.E. 7th Avenue, stated that he felt the proposed project is something that is needed in the downtown (residential housing), but he was not sure that 219 rental units is the right way to go as it will bring a lot of transient people. He was further concerned about the additional traffic impact the project will have on the downtown situation which is at gridlock now. A residential project downtown is fine; howev- er, the proposed Block 77 project is too big. Mr. Remus felt the project would not be good for the majority of people in Delray Beach, rather only for a select few. Jim Knight, 740 Havana Drive, Boca Raton, representing the DeSantis Group which has a number of investments in Delray Beach, spoke in favor of the project. Mr. Knight felt it impor- tant for the project to move forward and urged the City Commis- sion to support it. Fred Ebner, 710 Bond Way, expressed his total opposi- tion to the proposed Block 77 development being built in the downtown. He stated the building is totally out of proportion and is not compatible with the surrounding area. He submitted pictures of two and three story apartment buildings and office buildings that are being built within a few blocks of Atlantic Avenue, and stated that their sizes are much more complimentary to Delray's urban village. They will all provide a customer base for businesses downtown and there are more apartments coming in the future. Mr. Ebner stated he is not against rental property, but is against going from 30 units per acre to 92 units per acre on this particular site. He questioned what the building will be able to be used for if it does not make it as a luxury apartment building? He stated that a building of this size and scale would impact Delray Beach negatively, and urged the Commission not to allow the project. Jack Pitts, 3750 Lone Pine Road and a former City Councilman, expressed his opposition to the proposed project as he felt the size of it would be too much for Delray Beach's downtown. He felt that if the Commission allowed this project to go through in its present form, the door will have been opened and a dangerous precedent set. -15- 1/04/00 Carolyn Patton, 1020 Tamarind Road, spoke in support of the proposed project. She felt it would only help to bring the neighborhood up and that it is in the right location for this type of project. She asked the Commission to consider having another visioning process for the redevelopment of Delray Beach after this project is approved, to help bring the communi- ty together again to move forward in a positive way. Bill Wood, 3777 N.W. 8th Street, and President of the Greater Delray Beach Chamber of Commerce, reiterated the Cham- ber's position, and that of the Council of 100, in support of the proposed project. It is the right project on the right piece of property. Developers were invited to come in and pro- pose dense, mixed use purposes and projects for this property. In order to build to the density and height requested, the developer must build according to agreed upon and very stringent design criteria. It represents the opportunity that many have been striving for, to add quality housing to the City's down- town, a goal resulting from many planning hours by talented professionals and community and business leaders. It has come about through careful visioning, partnerships, maturity and hard work. It is not a project that can or will be repeated on every corner. It stands entirely on its own and Mr. Wood felt the City was fortunate to have attracted such a talented development group and a project that meets the highest and best us of Block 77. Rosetta Rolle, 301 N.W. 3rd Avenue, expressed her opposition to the proposed project as she feels it is too large for downtown Delray Beach. Further, she is not is support of the rental aspect which she felt would create an instant ghetto because of the transient nature of the residents. Fred Love, 315 N.W. 18th Street, expressed his opposi- tion to the proposed project. While he strongly supports the concept of residential housing in the downtown, he felt the Block 77 project is totally out of scale and out of character with the ambiance and nature of Delray Beach. Rodney Romano, representing Eichas Real Estate Partnership, 14 South Swinton Avenue, expressed his opposition to the proposed project, stating that it is not consistent with the Comprehensive Plan. He stated that it is too much in terms of mass, density and intensity. It is a behemoth that is way out of scale and violates both the letter and the spirit of the Comprehensive Plan. Mr. Romano asserted that the proposed project is not compatible with surrounding development in terms of mass, density or intensity. Therefore, he contended that the applicant had not met the burden of proof and could not be entitled to approval. Rich HcGloin, 2275 North Swinton Avenue, stated that Pineapple Grove Main Street voted to support this project as did the Downtown Herchants and Business Association. The project itself is something that is needed in the downtown according to the City's Comprehensive Plan and, in addition, it comes with a parking garage which is something else that the City needs but cannot afford to build. Hark Little, 1220 North Swinton Avenue, expressed support for the project as it does meet all of the criteria that was set forward through the visioning process for the future of Delray Beach and its growth and redevelopment. He viewed this project as a benefit to the community both economically and as a the right project for this particular location downtown. John Weaver, Chairman of the Community Redevelopment Agency, reviewed the RFP process for Block 77 and the rationale behind the CRA's selection of the Worthing Place project for the Block 77 site. Hr. Weaver stated the project is a "win-win" for everyone involved and urged the Commission to unanimously sup- port it. Charles Siemon, Siemon & Larsen, 433 Plaza Real, Boca Raton, representing Dharma Properties, restated his prior re- quest to the City Attorney, now to the City Commission, that Dharma Properties, as owner of several nearby parcels of land, be granted party status and that he be given full opportunity to present the same length of time that staff and the developer have had to make their presentations. Hayor Alperin stated that Hr. Siemon would be afforded the same amount of time (three minutes) as everyone else speak- ing at the public hearing. Hr. Siemon then asked that four (4) additional items be included in the record. There is in the list of documents which are included in the record here a voice transcript, a voice tape of the proceeding before the Planning and Zoning Board. Mr. Siemon stated that at that meeting he made a Power- point presentation, and he asked that that Powerpoint presenta- tion in both digital and printed form be included in the record, or the voice tape be excluded from the record. Otherwise the record is incomplete and not appropriate to be included in this matter. In addition, Mr. Siemon asked that Susan A. Ruby's letter of November 17, 1999, the Community Redevelopment Plan and the Block 77 Request for Proposals be entered into the record as well. The City Attorney stated these items would be accepted into the record. -17- 1/04/00 Hr. Siemon then stated that it would be impossible to rebut in three minutes what had been presented by staff and the applicant. He stated the proposed Block 77/Worthing Place project does not come close to satisfying the required perfor- mance standards. He stated that the City's code provides an obligation to calibrate the amount of density bonus to be grant- ed on the basis of the degree to which the proposed development satisfies or complies with each of the performance standards. Hr. Siemon argued that there has not been one word offered in the record of any analysis of the degree of compliance. Richard Gehring, Prime Interest, Inc. on behalf of Dharma Holdings, submitted for the record a report he prepared and submitted to Siemon & Larsen, in opposition to the proposed project. He spoke primarily on Delray Beach's "village-by-the- sea" character and ambiance and his opinion that the Block 77 project would have a detrimental and negative impact on that character. He contended that the project is too excessive, and submitted his Powerpoint presentation for the record. Sylvia Cohen, 544 N.W. 47th Avenue, spoke in support of the Block 77 project. She saw it as the culmination of some 15 years of comprehensive planning in Delray Beach and felt that it represented a good use of land resources in the downtown. Bill Schwartz, 3863 Live Oak Boulevard, spoke first as Communications Director for Progressive Residents of Delray (P.R.O.D.). He corrected several misquotes which had appeared recently in The Delray Times and were attributed to three mem- bers of P.R.O.D. Speaking on his own behalf, Mr. Schwartz stated that he felt the applicant's presentation, including the expert witnesses, summed up everything the City Commission needed to know in order to make a positive decision concerning the Worthing Place project. He stated that the project repre- sents good planning, a good future and is just what Delray Beach needs. Tom Fleming, 215 N.E. 1st Avenue, spoke in support of the Block 77/Worthing Place project. He urged the City Commis- sion to approve the conditional use requests. Kevin Warner, 248 Venetian Drive, entered into the record a letter from an ad hoc group of citizens opposing this particular project, but supporting the concept. Mr. Warner reminded the City Commission of their stewardship responsibility for protecting the interests of the City. He felt that the Block 77 project is a turning point for this type of project as far as what sort of precedents will be set and what will be coming next. Mr. Warner expressed the opinion that the project, as proposed, is way too big and asked the City Commission to consider what sort of legacy the Commission will have left for -18- 1/04/00 Delray Beach if the project blows up and is not successful. He urged the Commission to send the project back and ask for some- thing smaller, a compromise. Jean Beer, 2145 S.W. 26th Terrace, speaking on behalf of the Board of Directors of P.R.O.D., read the following state- ment: "P.R.O.D. is in favor of mixed use development in the downtown. However, the Board recommends that the height and density of this project be scaled down. We encourage the Commission to send a strong message to the developer to return with a scaled down version of the project." Speaking on her own behalf, Mrs. Beer stated she concurs with the position of the P.R.O.D. Board. She reitereated that in her opinion the perfor- mance standards have not been sufficiently complied with to receive the full density and that the combination of mass and height is not compatible with the surrounding area. Pat Duane, 1020 Vista Del Mar Drive, spoke in opposi- tion to the Block 77 project. She felt that the project is far too big to fit in with Delray Beach and urged the Commission not to approve it. Ann Fulton, 1124 Vista Del Mar Drive, spoke primarily in opposition to the proposed parking garage associated with the Block 77 project as it would be taking out six lots that are part of a historic district. While they will still be zoned OSSHAD, CBD uses will be allowed which she felt would be com- pletely inappropriate. The purpose and intent of the historic districts was to maintain the atmosphere and feeling of old Delray Beach, and the overall liveability of the district. A parking garage in an historic district does not seem proper at all. Deborah Bennett, 137 Seabreeze Avenue, spoke in opposition to the Block 77 project. She felt it would be completely out of character with the uniqueness of Delray Beach and not compatible with the lifestyle that has made Delray so attractive to so many people. Vi Hinchliffe, 1112 N.W. 4th Avenue, stated that she was opposed to the Block 77 project because of the large size and intensity. She felt it should be pared down to something that would be compatible with Delray Beach. Alice Finst, 707 Place Tavant, spoke in opposition to the proposed project. It is totally out of keeping with the 'village-by-the-sea' character that so many people have fought to maintain for Delray Beach. Mrs. Finst stated she felt com- pletely disenfranchised over the whole prospect of what is going on with the Block 77 development. The regular citizens feel they have been left out and that the City Commission is not -19- 1/04/00 protecting them. The project is too big and needs to be cut back in some sort of a compromise. Alexander "Sandy" Simon, 555 S.E. 6th Avenue, stated that he felt there was a feeling of "disconnect" between the people and the governing bodies of the community, and he looked to this City Commission to do what is best for the citizens of Delray Beach. John Bennett, 137 Seabreeze Avenue, submitted a peti- tion into the record containing the signatures of approximately 1,400 residents of Delray Beach who oppose the Worthing Place development on the grounds that it is too large, too tall and too dense for its surroundings and not compatible with the downtown. Bob Costin, 362 N.E. 5th Avenue, spoke as a local businessperson in the community who supports the Block 77 devel- opment proposal as a quality project for a quality town being built by quality people. He urged the City Commission to vote in favor of the project. Judy Washington, 326 S.E. 1st Avenue, expressed her opposition to the proposed Worthing Place project. She felt it would be entirely too massive for the downtown and would lead to increased crime and safety concerns. Simon Harvey, 1040 Seasage Drive, spoke in opposition to the Block 77 project. As currently designed, he felt it would further divide the City both racially and economically, and be harmful to the City's image. Bruce Gimmy, 439 East Atlantic Avenue, spoke in sup- port of the Block 77 project from a downtown merchant's perspec- tive. It is imperative that the year-round customer base for downtown businesses be expanded, and he urged the Commission to support the project as a means of accomplishing this goal. There being no one else from the audience who wished to speak on this item, the public hearing was closed. At this point, Hichael Weiner gave a brief rebuttal to the comments made in opposition to the project during the public hearing. Discussion by the Commission followed. Hayor Alperin stated that after listening to all of the presentations and upon the evaluations by the Planning and Zoning staff, the Planning and Zoning Board, the Historic Preservation Board, and the Community Redevelopment Agency, all -20- 1/04/00 of which have recommended approval, he felt that the project meets all of the requirements put forth by the City's Comprehensive Plan and Land Development Regulations, and he would support it. Hr. Randolph stated that he has always supported the concept of housing in the downtown, but not at the density that is proposed for this project. He expressed particular concern that if the Block 77 project is allowed to go forward in its current form, what might this mean for the West Atlantic Avenue corridor? There is some pretty prime land along West Atlantic and he would not want to see something of this nature allowed in that area as it would be completely contrary to the character of the neighborhood. Hr. Randolph stated that in his opinion the Block 77 project is too intense and he would not support it. Hr. Wright stated that originally he was not in favor of the project. However, after the months of discussion and debate and public hearings and open dialogue, it all boiled down to whether or not the project would be good for the City and the future of Delray Beach. He reached the conclusion that the project will be good for the City and stated that he would vote in favor of it. Hr. Schmidt stated that he did not think there was anybody who was involved in this process who had been more impartial than Diane Dominguez and the Planning staff. He took offense at the attacks on Diane and her staff as to the approach they used to come to the conclusion that they did. As for his own conclusion, a tremendous amount of time was put into meet- ings and discussions with staff, the applicant as well as the opposition. He acknowledged Mr. Warner's remarks that if the project is not successful, he was only too aware that in ten years everyone would remember that he was on the Commission when the project was approved. If it is successful, no one will remember anything. Nonetheless, after a lot of hard thought, he reached the conclusion that the proposed project in the proposed location will be a positive for the City and he would support it. Hrs. Archer commented that the project meets all of the criteria set out in the City's codes as well as the Compre- hensive Plan. She felt it will be a good project for the City and relied heavily on the staff recommendation that it will be compatible and in keeping with the character of Delray Beach. She noted that the area in town where projects like this can be built is extremely limited, and that the approval of one does not mean the approval of many. Mrs. Archer stated she felt it important to approve the project and she would support it. -21- 1/04/00 Mrs. Archer moved to approve the request for conditional use approval for Worthing Place to allow a building height of up to sixty (60) feet, based upon the sufficient facts presented to support the positive findings with respect to LDR Section 4.3.4(J) (4) (b) (Height Allowance Criteria), Chapter 3 (Performance Standards), and Section 2.4.5(E) (5) (Conditional Use Findings) of the Land Development Regulations, as well as applicable policies of the Comprehensive Plan, and subject to the conditions outlined in the City Commission Documentation staff report from the Planning and Zoning Department. The motion was seconded by Hr. Wright. Upon roll call the Commission voted as follows: Mr. Wright - Yes; Mr. Randolph - No; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 1 vote. Mrs. Archer moved to approve the request for conditional use approval for Worthing Place to allow 219 dwelling units for a density of approximately 92 units per acre based upon the sufficient facts presented to support the positive findings with respect to LDR Section 4.4.13(1) (Performance Standards for Density), Chapter 3 (Performance Standards), and Section 2.4.5(E) (5) (Conditional Use Findings) of the Land Development Regulations, as well as applicable policies of the Comprehensive Plan, and subject to the conditions outlined in the City Commission Documentation staff report from the Planning and Zoning Department. The motion was seconded by Hr. Wright. Upon roll call the Commission voted as follows: Mr. Randolph - No; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes. Said motion passed with a 4 to 1 vote. At this point, the City Commission moved to the duly advertised Public Hearings portion of the agenda. 10. PUBLIC HEARINGS: 10 .A. ORDINANCE NO. 47-99 (SECOND READING/SECOND PUBLIC HEARING): An ordinance amending LDR Sections 4.4.24(B) (9) and 4.4.24(F) (1) by adding Lots 19 through 24, inclusive, Block 69, to the list of lots in the Old School Square Historic Arts District (OSSHAD) that may be developed pursuant to certain standards of the Central Business District. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. QUASI-JUDICIAL HEARING The City Manager presented Ordinance No.47-99: A_N ORDINANCE OF THE CITY COHHISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE -22- 1/04/00 LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH BY AMENDING SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)", SUBSECTION 4.4.24(B), "PRINCIPAL USES AND STRUCTURES", AND SUBSECTION 4.4.24(F), "DEVELOPMENT STANDARDS", TO ADD LOTS 19 THROUGH 24, INCLUSIVE, BLOCK 69, TO THE LIST OF LOTS WITHIN THE OSSHAD ZONING DISTRICT THAT MAY HAVE THE SAME PRINCIPAL USES AS THE CENTRAL BUSINESS DISTRICT AND THAT MAY BE DEVELOPED PURSUANT TO THE STAN- DARDS OF THE CENTRAL BUSINESS DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 47-99 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance and stated that the item would be conducted as a quasi-judicial hearing which allows for presentations by all involved parties, the admission of documents into the record and public testimony. The City Clerk swore in those individuals who wished to give testimony on this item. Diane Dominguez, Director of Planning and Zoning, entered into the record the project file for LDR amendment, including the documents that are listed on the table of con- tents. She presented an overview of the proposed text amend- ment, stating that it will allow for a use and development pattern that is more consistent with the rest of the downtown. She noted that the current proposal is to construct a parking garage that is associated with the Worthing Place development on three of the six lots that would be affected. The reason for the garage is to replace the public parking and the GRIP build- ing parking that is being eliminated with the Block 77 develop- ment and also to add additional parking for the public and for GRIP. A total of 202 parking spaces are proposed at this time. The building itself will be subject to review by the Historic Preservation Board and will have to comply with the design guidelines and standards set out in the Land Development Regula- tions. Michael Weiner, attorney representing the Block 77 Development Group, gave an opening presentation in which he reviewed the existing uses in the area and surrounding zoning districts. He cited policies of the Comprehensive Plan in support of the text change amendment. -23- 1/04/00 A public hearing was held having been legally adver- tised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Hayor Alperin declared the public hearing open. Jean Beer, 2145 S.W. 26th Terrace, stated the position of the Board of Directors of Progressive Residents of Delray, as follows: "The P.R.O.D. Board supports the integrity of the historic district and therefore feels that the proposed text amendment is inappropriate." As an individual, Mrs. Beer con- curred. John Bennett, 137 Seabreeze Avenue, questioned the need to include six lots in the text amendment when only three of the lots will be used for the parking garage? He objected to the CBD uses being allowed on the other three lots without any showing of need for it. Charles Siemon, on behalf of Dharma Properties, repeated his request to be made a party on behalf of Dharma Properties and participate fully in this proceeding and to have unlimited time to make a presentation. Hayor A1perin advised Hr. limited to three minutes. Siemon that he would be Hr. Siemon stated that the issue is the integrity of the historic district and that the implications for this deci- sion are significant. He felt that every other property owner in the OSSHAD was being sent a message that those special regulations and limitations imposed on properties zoned OSSHAD are only appropriate if they do not stand in the way of something the City wishes to do. Richard Gehring, 748 Broadway, Dunedin, and expert witness to Siemon & Larsen, stated that the proposed text amend- ment would be extremely damaging to the historic district and that it seems to be a convenience of the City's ownership of the land and the Block 77 developer's and the City's need for park- ing. Fred Ebner, 710 Bond Way, stated that he felt the parking garage is being put in the wrong area. There are other locations that would seem to be more accessible to Old School Square and the Tennis Center, and that would be much more favor- able to the businesses in the downtown. Mr. Ebner felt that this location would prove to be a very inaccessible site. There being no one else who, having been duly sworn, wished to speak on this item, the public hearing was closed. -24- 1/04/00 Discussion by the Commission followed. Mayor Alperin stated that since the Historic Preservation Board, the Planning and Zoning Board, and staff have all reviewed this request, found that it meets all of the requirements and recommended in favor of it, he would support it. Hr. Schmidt moved to approve Ordinance No. 47-99 on Second and FINAL Reading, making the finding that it is consis- tent with the Comprehensive Plan, complies with the LDR require- ments as it pertains to a rezoning, and the performance stan- dards in Article 3.2.2. The motion was seconded by Hrs. Archer. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - No. Said motion passed with a 4 to 1 vote. 11. Comments and Inquiries on Non-Agenda Items from the Public-Immediately following Public Hearings. ll.A. City Hanager's response to prior public comments and inquiries. There were requiring a response. no prior public comments or inquiries 11 .B. From the Public. ll.B.1. Alice Finst, 707 Place Tavant, expressed her apprecia- tion to staff for having the Commission Chambers' speaker and intercom system fixed so that the public can hear what is being said while in the conference room or in the lobby. Hrs. Finst also expressed her thanks to the City Hanager for seeing to it that the sidewalk at Atlantic High School was installed in a timely manner. ll.B.2. Kevin Warner, 240 Venetian Drive, congratulated the City Commission for approving the recent master borrowing resolution and arrangement for the $4 Million bank note with SunTrust. He complimented staff for doing a good job of putting the package together and pursuing some creative financing. 12. FIRST READINGS: 12.A. ORDINANCE NO. 1-00: An ordinance amending Chapter 96, "Fire Safety and Emergency Services", Section 96.66, "Emergency Medical Transportation Fees", of the City Code to adjust the fee schedule for emergency medical transportation in accordance with the Inflation Index Charge applicable to Medicare services and fee schedules. If passed, a public hearing will be scheduled for January 18, 2000. -25- 1/04/00 The City Manager presented Ordinance No. 1-00: A_N ORDINANCE OF THE CITY COHHISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 96, "FIRE SAFETY AND EMERGENCY SERVICES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 96.66, "EMERGENCY MEDICAL TRANSPORTATION FEES", SUBSECTION 96.66(A), TO ADJUST THE FEE SCHEDULE FOR EMERGENCY MEDICAL TRANSPOR- TATION IN ACCORDANCE WITH THE ANNUAL INFLA- TION INDEX CHARGE; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 1-00 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Hr. Schmidt moved to approve Ordinance No. 1-00 on FIRST Reading, seconded by Mr. Wright. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. 13. Comments and Inquiries on Non-Agenda Items. 13 .A. City Manager. The City Hanager thanked Commissioner Schmidt for his comments earlier in the evening in support of the Planning staff. A tremendous amount of work has gone into the review and analysis of the Block 77 project. The staff has agonized over it just as the City Commission has, but studied it very thoroughly and presented their professional point of view. The City Hanager also mentioned that we are now trying to have everyone who presents anything of a visual nature to use the Powerpoint presentation because that is visible to everyone in the room. Hopefully, this will solve the problem we have had with people not being able to see things as they were presented to the Commission. 13 .B. City Attorney. The City Attorney had no comments or inquiries. 13.C. City Commission. -26- 1/04/00 13.C.1. Commissioner Schmidt commented that with the approval of the resolution of necessity for the Seacrest/Del-Ida special assessment district, one issue has been traffic enforcement. It is his understanding there has been resolution of the case dealing with speed bumps and traffic devices like that. He asked that the City Attorney provide an update at the next work session. 13.C.2. Commissioner Archer had no comments or inquiries. 13.C.3. Commissioner Wright read the following statement: "With much regret I must announce I am resigning as a City Commissioner. My effective date of resignation will be January 18, 2000. The reason for my resignation is I have been promoted to Assistant Director of Uniform Operations for the Palm Beach County Sheriff's Office. This position gives me the responsibility for all Uniform Forces of the Palm Beach County Sheriff's Office. This assignment requires me to reinstate my status as a sworn Police Officer. Palm Beach County Sheriff's Office Attorneys have advised me that I am legally unable to be a City Commissioner and a sworn Police Officer concurrently. I did not anticipate this type of promotion when I decided to run for the City Commission. I have enjoyed my term and will continue to work hard for the city I love and will be at your service." It was the consensus of the City Commission to make it known that anyone interested in being considered for appointment to complete Commissioner Wright's unexpired term should submit a letter of interest and a resume no later than next Tuesday, January 11, 2000, so they can be distributed to the City Commis- sion at the January llth workshop meeting. The Commission would then have the opportunity to consider applications, with the formal appointment to be scheduled for action at the next regu- lar meeting on January 18, 2000. The City Hanager commented that because the resigna- tion is effective within sixty days of the election, the appointment would be for one year. 13.C.4. Commissioner Randolph had no comments or inquiries. 13.C.5. Mayor Alperin had no comments or inquiries. There being no further business, adjourned by Hayor Alperin at 10:15 p.m. the meeting was ATTEST: City Clerk -27- 1/04/00 MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the minutes of the meeting of said City Commission held on January 4, 2000, which minutes were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the minutes you have received are not com- pleted as indicated above, this means they are not the official minutes of the City Commission. They will become the official minutes only after review and approval which may involve some amendments, additions or deletions. -28- 1/04/00 The City Manager commented that because the resigna- tion is effective within sixty days of the election, the appoint- ment would be for one year. 13.C.4. Commissioner Randolph had no comments or inquiries. 13.C.5. M.~yor Alperin had no comments or inquiries. There being no further business, adjourned by Mayor Alperin at 10:15 p.m. the meeting was ATTEST: City ~leFk ' The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the minutes of the meeting of said City Commission held on January 4, 2000, which minutes were formally approved and adopted by the City Commission on ~JLO~? V c~OC/D / ~ity Clerk r NOTE TO READER: If the minutes you have received are not com- pleted as indicated above, this means they are not the official minutes of the City Commission. They will become the official minutes only after review and approval which may involve some amendments, additions or deletions. -26- 1/04/00