06-04-02JUNE 4, 2002
A Regular Meeting of the City Commission of the City of Delray Beach, Florida,
was called to order by Mayor David W. Schmidt in the Commission Chambers at City Hall at
6:00 p.m., Tuesday, June 4, 2002.
1. Roll call showed:
Present -
Commissioner Patricia Archer
Commissioner Jon Levinson
Commissioner Alberta McCarthy
Commissioner Jeff Perlman
Mayor David W. Schmidt
Absent -
None
Also present were -
City Manager David T. Harden
Assistant City Manager Robert A. Barcinski
City Attorney Susan A. Ruby
Assistant City Attorney Brian Shutt
City Clerk Barbara Garito
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The opening prayer was delivered by Mayor Schmidt.
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The Pledge of Allegiance to the flag of the United States of America was given.
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AGENDA APPROVAL.
Mayor Schmidt noted the substitute resolution for Item 8.N., Resolution No. 49-
02/Resolution No. 50-02.
Mrs. Archer inquired about Item 8.H., Contract Addition/Collonna
Construction Co., Inc., and asked whether or not it is necessary to remove things at the
intersection at N.E. 1st Street and N.E. 2nd Avenue. She suggested that the City change the slope
of the incline and just pave up to it and not go through the expense of removing it and putting it
back. In response, Mr. Hasko, Director of Environmental Services, explained that there are two
slopes; one that comes down off the intersection and one that goes back up the street. Mr. Hasko
stated it gets very complex because there is a pair of drainage structures that would have to move
up as well.
Mrs. Archer moved to approve the Agenda as amended to include the substitution
of the resolutions for Item 8.N., seconded by Mr. Perlman. Upon roll the Commission voted as
follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes;
Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote.
5. APPROVAL OF MINUTES:
Mrs. Archer moved to approve the Minutes of the Regular Meeting of May 21,
2002, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mrs. Archer
- Yes; Mr. Levinson - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with
a 4 to 0 vote (Ms. McCarthy was absent from the meeting of May 21, 2002).
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PROCLAMATIONS:
None.
At this point, the City Attorney recommended that the agenda be amended to
include the presentation by Mr. Alfred "Zack" Straghn because of a slight confusion on the
agenda regarding the presentations.
Mrs. Archer moved to approve the Agenda as amended to include the
commending of the Police and Fire Departments for their contributions to the community by Mr.
Straghn, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr.
Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer -
Yes. Said motion passed with a 5 to 0 vote.
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PRESENTATIONS:
7.A.1. Commending Police and Fire Departments for their contribution to the
community- Alfred "Zack" Strae[hn
Alfred "Zack" Straghn gave a brief presentation commending the Police and Fire
Department for their continued support. Mr. Straghn gave special thanks to the Fire Department
for being there for him through some of his saddest moments. Mr. Straghn presented ChiefKoen
with a "Fireman's Prayer" and read the prayer into the record.
7.A.2. Lawrence Straine[e - American Lee[ion Post 188 and Post 65 to Honor the
Police and Fire Department
Lawrence Strainge stated the presentation this evening is to honor both the Delray
Beach Police and Fire Department. He thanked the Commission for allowing the American
Legion to make this presentation.
Commander with American Legion Post 65 presented a Certificate of
Commendation to the Delray Beach Fire Department for outstanding service to the community
for carrying out the duties of a firefighter which reflects credit upon all fire department personnel
and for the dedication the professionalism above and beyond the call of duty.
Commander Eligah Morris with American Legion Post 188 presented the Police
and Fire Department with a plaque.
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7.B. "What I Want to Be When I Grow Up" Essay Presentation - Parks and
Recreation Department
Rodger Ribeiro~ Parks and Recreation Superintendent~ stated the children
from the After School Program are in attendance this evening and introduced Tonya Smith,
Director of the After School Program.
Tonya Smith~ Director of the After School Pro;~ram~ thanked all the parents
and the children for attending this evening and explained that the purpose of this presentation is
to recognize all the Essay and Drawing Contest winners for their dedication and hard work.
Mayor Schmidt presented the following winners with awards:
Pompey Park- Essay
Jacobi Demps Grade 5
Maureen Amilca Grade 4
Rodney Patrick Grade 4
Carlin Brown Grade 4
Community Center - Essay
Anthony Davis Grade 4
Jose Rodriquez Grade 4
Samel Mareus Grade 4
Lensa Jeudy Grade 5
Pine Grove - Essay
Vincent Thompson Grade 5
Lashundra Beauchamp Grade 5
Vanilla Riley Grade 4
Elaine Harp Grade 4
Jair Major Grade 4
Pompey Park - Drawin;~
Dyshenna Bonner Grade 1
Kiana Johnson Grade 1
Tatyona Evans Grade 3
Kristin Johnson Grade K
Donta Medina Grade 3
Rashaud McKennon Grade 3
Community Center - Drawin;~
Juanise Allen Grade 4
Bianca Pierre Grade 1
Sharleen Blanco Grade 2
Caleb Gedeus Grade 1
Kristina Green Grade 1
Joas Louis-Charles Grade 2
Pine Grove - Drawin~
Andrea Antoine Grade 2
Guervel Cajuste Grade 2
Jasmine Jenkins Grade 1
Trevon Thaddies Grade 1
Spencer Gardner Grade 1
Justin Thaddies Grade 3
CONSENT AGENDA: City Manager Recommends approval.
g.A.
FINAL SUBDIVISION PLAT APPROVAL/GOODISON PARK ESTATES:
Approve the boundary plat for Goodison Park Estates, located on the east side of State Road A-
l-A, approximately 300 feet south of Linton Boulevard.
8.B. RESOLUTION NO. 36-02: Approve Resolution No. 36-02 vacating and
abandoning a portion of SE 7th Avenue right-of-way, lying north of SE 5th Street and acceptance
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of an additional ten (10) feet of right-of-way.
The caption of Resolution No. 36-02 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING A PORTION OF S.E. 7th AVENUE RIGHT-OF-
WAY (ROW), LYING NORTH OF S.E. 5th STREET, AS MORE
PARTICULARLY DESCRIBED HEREIN, BUT RESERVING
AND RETAINING TO THE CITY A UTILITY EASEMENT
OVER THE ENTIRE AREA THEREOF, AS MORE
PARTICULARLY DESCRIBED HEREIN.
(The official copy of Resolution No. 36-02 is on file in the City Clerk's office.)
8.C. RESOLUTION NO. 46-02: Approve Resolution No. 46-02 assessing costs for
action necessary for the emergency board-up of an unsafe structure located at 24 N.W. 7th
Avenue.
The caption of Resolution No. 46-02 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE
7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH,
ASSESSING COSTS FOR ABATEMENT ACTION
REGARDING AN UNSAFE BUILDING ON LAND(S)
LOCATED WITHIN THE CITY OF DELRAY BEACH;
SETTING OUT ACTUAL COSTS INCURRED BY THE CITY
TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE
COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE
DATE AND FOR A DUE DATE AND INTEREST
ASSESSMENTS; PROVIDING FOR THE RECORDING OF
THIS RESOLUTION, AND DECLARING SAID LEVY TO BE
A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID
ASSESSMENTS; PROVIDING FOR THE MAILING OF
NOTICE.
(The official copy of Resolution No. 46-02 is on file in the City Clerk's office.)
8.D RESOLUTION NO. 47-02: Approve Resolution No. 47-02 assessing costs for
action necessary for the emergency board-up of an unsafe structure located at 115 N.W. 4th
Avenue.
The caption of Resolution No. 47-02 is as follows:
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A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE
7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH,
ASSESSING COSTS FOR ABATEMENT ACTION
REGARDING AN UNSAFE BUILDING ON LAND(S)
LOCATED WITHIN THE CITY OF DELRAY BEACH;
SETTING OUT ACTUAL COSTS INCURRED BY THE CITY
TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE
COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE
DATE AND FOR A DUE DATE AND INTEREST
ASSESSMENTS; PROVIDING FOR THE RECORDING OF
THIS RESOLUTION, AND DECLARING SAID LEVY TO BE
A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID
ASSESSMENTS; PROVIDING FOR THE MAILING OF
NOTICE.
(The official copy of Resolution No. 47-02 is on file in the City Clerk's office.)
8.E. RESOLUTION NO. 48-02: Approve Resolution No. 48-02 assessing costs for
action necessary to abate nuisances on twelve (12) properties throughout the City.
The caption of Resolution No. 48-02 is as follows:
A RESOLUTION OF THE CITY COMMISSION 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 ACCOMPANY THE NOTICE OF
ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED
BY THE CITY TO ACCOMPLISH 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. 48-02 is on file in the City Clerk's office.)
8.F. DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY: Approve fund
subsidies for one (1) eligible applicant/family in the amount of $25,000.00 for 206 SW 14th
Avenue. This brings the number to 143 homeowners assisted under the Renaissance Program.
Funding is available from 118-1924-554-83.01 (SHIP Program).
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8.G. HOUSING REHABILITATION GRANT\CONTRACT AWARDS: Approve
Housing Rehabilitation grant\contract awards through Community Development Division in the
amounts of $20,842.50 to Craftsman Plus, Inc. (30 SW 9th Avenue), and $17,865.75 to South
Florida Construction (224 SW l0th Avenue). Funding is available from 118-1963-554-49.19
(SHIP Housing Rehabilitation Grant).
8.H. CONTRACT ADDITION/COLONNA CONSTRUCTION CO., INC.:
Approve a Contract Addition (C.G. #2) to the Community Improvement Sidewalks Project in the
amount of $15,009.00 to Colonna Construction Co., Inc. for the construction of Pineapple Grove
Way, N.E. 1st Street and N.E. 2aa Avenue Intersection Modifications. Funding is available from
334-6111-519-65.12 (General Construction Fund/N.E. 2nd Avenue - Pineapple Grove).
8.1. SPECIAL EVENT REOUEST/4th OF JULY: Approve a special event request
for the 4th of July Celebration event to be held from 2:00 p.m. until 12:00 midnight, including a
temporary use permit for the closure of Atlantic Avenue from the east side of N.E. 7th Avenue
and S.E. 7th Avenue to Ocean Boulevard, and from the south side of Thomas Street to the north
side of Miramar on Ocean Boulevard, waiver to allow banners and flags, waiver to allow
assembly on the beach and vendors on A1A, and staff support for security and traffic control,
street barricading, banner hanging, stage set up/use, and clean up/trash removal.
8.J. SPECIAL EVENT REQUEST/SUMMER NIGHTS: Approve a special event
request for the Summer Nights on the Avenue program to be held on July 12, 2002, including
temporary use permit, staff support for security and traffic control, street barricading, banner
hanging, stage set up/use, and clean up/trash removal with payment to the City for overtime costs
exceeding $5,000.00.
8.K. ACCEPTANCE OF EASEMENT DEED/DELRAY RACQUET CLUB:
Approve and accept an easement deed granting to the City the means to construct and maintain
an irrigation pump station on a portion of the Delray Racquet Club property.
8.L. GRANTING OF EASEMENT DEED/DELRAY RACQUET CLUB:
Approve an easement deed granting to the Delray Racquet Club the means to maintain an
irrigation pump station on a portion of City owned property.
8.M. AMENDMENT TO AGREEMENT/PINEAPPLE GROVE: Approve
Amendment No. 1 to the funding agreement between the City of Delray Beach and Pineapple
Grove Mainstreet, Inc. that provides for an extension of receipt of funds from the County.
8.N. RESOLUTION NO. 49-02/RESOLUTION NO. 50-02: Approve Resolution
No. 49-02 authorizing the acquisition of properties by eminent domain and Resolution No. 50-02
authorizing the making of offers in certain eminent domain proceedings in regards to Atlantic
High School.
The caption of Resolution No. 49-02 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AUTHORIZING AND
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DIRECTING THE ACQUISITION OF FEE SIMPLE TITLE TO
CERTAIN REAL PROPERTY HEREINAFTER DESCRIBED
FOR THE PURPOSES OF THE CONSTRUCTION OF A NEW
ATLANTIC HIGH SCHOOL WITH RELATED AMENITIES
AND FACILITIES; DECLARING THAT THE ACQUISITION
OF THE PROPERTY IS NECESSARY FOR SAID PUBLIC
PURPOSE; AUTHORIZING THE HIRING OF LEGAL
COUNSEL, APPRAISERS, AND EXPERTS IN OTHER
DISCIPLINES AND THE FILING OF EMINENT DOMAIN
PROCEEDINGS PURSUANT TO CHAPTERS 73 AND 74,
FLORIDA STATUTES; PROVIDING AN EFFECTIVE DATE;
AND FOR OTHER PURPOSES.
(The official copy of Resolution No. 49-02 is on file in the City Clerk's office.)
The caption of Resolution No. 50-02 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AUTHORIZING AND
DIRECTING THE CITY ATTORNEY, OR HER DESIGNEE, TO
PROVIDE A STATUTORY NOTICE AND WRITTEN OFFER
LETTER TO THE OWNER OF EACH PROPERTY NEEDED
FOR THE CONSTRUCTION OF THE NEW ATLANTIC HIGH
SCHOOL; PROVIDING AN EFFECTIVE DATE; AND FOR
OTHER PURPOSES.
(The official copy of Resolution No. 50-02 is on file in the City Clerk's office.)
AWARD OF BIDS AND CONTRACTS:
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Contract award to Murray Logan Construction, Inc. in the amount of
$16,500.00 for rehabilitation of rails and breakaway fittings at Lift
Stations 6lB and 86D. Funding is available from 441-5144-536-46.20
(Equipment Repair).
Contract award to Astaldi Construction Corporation in the amount of
$565,378.00 for the Southwest Area Improvements Phase III (N.W. 13th
& N.W. 14th Avenue) Project. Funding is available from 442-5178-536-
65.59 for $560,778.00 (Water/Sewer R&R, S.W. Area 3) and 448-5470-
538-65.59 for $4,600.00 (Storm Water Utility, S.W. Area 3).
Subcontract award to Hatcher Construction and Development, Inc. in the
amount of $27,915.00 for the installation of concrete sidewalks and
driveways on the Southridge Road Water Main Improvements. Funding
is available from 442-5178-536-65.62 (S.W. 4th Avenue to South
Swinton Avenue).
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Mr. Levinson moved to approve the Consent Agenda as amended, seconded by
Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor
Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion
passed with a 5 to 0 vote.
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REGULAR AGENDA:
9.A. WAIVER REQUEST: Consider a request to waive minimum lot dimension
requirements for several lots within the proposed Old Palm Grove Development, located at the
northeast and southeast corners of North Federal Highway and Royal Palm Boulevard. Quasi-
Judicial Hearing
The City Attorney stated this item will 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 Attorney asked the Commission to disclose any ex parte contacts.
Mayor $chmidt stated he met with the applicant to discuss this. Ms. McCarthy stated she had a
telephone conversation with Mr. Hernandez. Mr. Levinson stated he spoke to Mr. Hernandez.
Mr. Perlman stated he had a brief telephone conversation with Mr. Hernandez. Mrs. Archer
stated she too had a telephone conversation with Mr. Hernandez.
The City Attorney stated anyone from the public who wishes to address the
Commission regarding the waiver request, to please step forward at this time and be sworn in by
the City Clerk.
Barbara Garito, City Clerk, swore in those individuals who wished to give
testimony on this item.
Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning
Department project file #2002-201 into the record. In addition, Mr. Dorling stated he received a
letter late today from a woman in opposition to the fact that this may increase property values in
the area and subsequently increase her taxes.
The subject property consists of 4.623 acres and contains a 2,363 square foot
restaurant (Antonio's Mama Rosa) that was built in 1968 along Federal Highway. The
remainder contains two houses built in 1948 and 1950 and a landscape nursery.
At its meeting of February 19, 2002, the City Commission approved a Future
Land Use Map (FLUM) Amendment from GC (General Commercial) to MD (Medium Density
Residential/5-12 dwelling units per acre) for the restaurant property, and a rezoning from GC
(General Commercial) RM (Multiple Family - Medium Density, and RL (Multiple Family -
Low Density to PRD (Planned Residential) for the subject property. In addition, Mr. Dorling
stated that the City Commission also approved a waiver to the minimum of 5 acres to the PRD.
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At its meeting of May 20, 2002, the Planning and Zoning Board approved a
Master Development Plan for a 44 lot subdivision which contains 30 single-family zero lot line
homes, 3 single family conventional homes and 11 town homes. The Board also recommended
approval of waivers of minimum lot area, width, frontage and depth for the single family zero lot
line and conventional lots and minimum pavement width for the internal private roadways.
Mr. Dorling stated the required findings of Section 2.4.7(B)(5) for the waivers are
contained on Page 3 in the City Commission documentation and involve letters A-H. At its
meeting of May 20, 2002, the Planning and Zoning Board considered the waiver request and
after discussion the Board recommended approval (7 to 0).
Tim Hernandez, New Urban Communities 398 N.E. 6th Avenue, stated this
development is approximately a five acre piece (Old Palm Grove) located within the North
Federal Highway redevelopment area. Mr. Hernandez stated he met with staff to try to come up
with a concept to build single family detached housing and noted that they retained Dover Kohl
(urban designer planners located in Miami) as a planner who worked in conjunction with the
City to write the North Federal Highway Plan. Mr. Hernandez gave a brief PowerPoint
presentation showing what the detached housing would look like and commented that he
believes this would be the largest new community of single family homes east of US-1 in over a
decade. Mr. Hernandez stated the proposal is consistent with the North Federal Highway Plan
which calls for more residential development in the North Federal Highway area.
At this point, the City Attorney asked if anyone from the public would like to
speak for or against the waiver, to please step forward at this time.
John Bennett, Vice-President of Progressive Residents of Delray and
speaking on behalf of the organization, commented that this is not really a development but is
a neighborhood. He urged the Commission to approve this with all the waivers notwithstanding.
Beverly Sutton, resident of the Estuary (adiacent to this planned
development), stated she wholeheartedly supports having new affordable single-family homes in
the area.
There being no one else from the public who wished to address the Commission
regarding the waiver request, the public hearing was closed.
Brief discussion by the Commission followed.
Mr. Perlman commented that he feels the elevations are sensational and feels this
is what the City is looking to encourage. With regard to the waivers, Mr. Perlman stated this is
why the CRA has hired an urban designer while the City is reviewing its codes. Mr. Perlman
commended the applicant for a great project.
Prior to the vote, Mrs. Archer commented that this is a lovely complex and she
feels it is greatly needed for Delray Beach.
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Mr. Perlman moved to approve the waiver requests for Old Palm Grove based
upon positive findings with respect to LDR Section 2.4.7(B)(5) to include the waivers A-H as
listed on Page 3 of the City Commission documentation and further referenced in the Waiver
Matrix, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mayor
Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy -
Yes. Said motion passed with a 5 to 0 vote.
9.B. SPECIAL EVENT REQUEST/DADA'S RESTAURANT: Consider a special
event request to hold an All Star Independence Jubilee on the grounds at Old School Square on
July 7, 2002 from 1:00 p.m. to 10:00 p.m., including a temporary use permit for use of facilities,
staff support for security and traffic, and EMS assistance, contingent on the sponsor providing
liability insurance. Staff recommends denial.
Robert Barcinski, Assistant City Manager, stated this is a request from DaDa's
Restaurant to hold an "All Start Independence Jubilee" on Sunday, July 7 from 1:00 p.m. to
10:00 p.m. on the grounds of Old School Square. The event sponsor is requesting off-duty
police assistance for security and traffic control as well as EMS assistance. The event sponsor
would fence in the site and charge a $5.00 admission fee. The purpose of the event is to
fundraise for children's programs at Old School Square. The event sponsor would be
responsible for event management, vendor approval, and site cleanup. Based on 2,000 attendees
it has been determined that there would be no need for EMS service. However, there would still
be a need for police coverage. Mr. Barcinski stated staff recommends denial unless the Police
Department could provide the security with off-duty police at the detail rate.
Mr. Levinson stated the City and Old School Square will need to work out how to
deal with these private events that ask for accommodation from Police and Fire.
Mrs. Archer commented about exploring the opportunity of using private security
for events similar to this event.
sight.
Ms. McCarthy asked if Ms. Murphy with Old School Square could share some in-
Peggy Murphy, Director of Center Services with Old School Square, stated
often when people would like to have an event at Old School Square they believe it would be
unofficial to ask for City help in lining up services such as Police and EMS if it is required. Ms.
Murphy stated most event sponsors are willing to help pay for the services and would be willing
to use private security. Ms. Murphy stated for an on-site event traffic control would have to be
handled by the Delray Beach Police Department staff. Ms. Murphy reiterated the event sponsors
of this event are more than happy to pay for off-duty police or private security.
Mrs. Archer stated she would support the event if the City can use private security
and get the approval from the Police Chief on the fact that the private security is adequate and
sufficient.
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06/04/02
Mrs. Archer moved to approve subject to adequate arrangements being made for
security to satisfy the Police Department, seconded by Ms. McCarthy.
Todd Stone, General Manager for DaDa Restaurant, stated he is more than
willing to amend this contract to add additional personnel to whatever the City Manager feels is
adequate.
Mr. Levinson amended the motion to state if there are requirements for EMS
services that those services be borne by the event sponsor.
After discussion, Mr. Levinson moved to approve the special event request
subject to adequate arrangements being made for private security, expenses for traffic control if
the Police Chief feels the need; and that EMS services be borne by the event sponsor (if any),
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Perlman -
Yes Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said
motion passed with a 5 to 0 vote.
At this point, the Commission moved to Item 9.D. of the Regular Agenda.
9.D. MOTION TO STAY/ORDINANCE NO. 13-02(A): Consider a Motion to Stay
request from the applicant regarding the second reading of Ordinance No. 13-02(A).
The City Attorney suggested that this be reviewed every six months or at some
appropriate time depending on how the litigation is proceeding.
Mr. Levinson moved to approve a Motion to Stay request from the applicant
regarding the second reading of Ordinance No. 13-02(A) subject to review in six months,
seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes;
Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said
motion passed with a 5 to 0 vote.
At this point, the time being 7:02, the Commission moved to the duly advertised
Public Hearings portion of the agenda.
10.
PUBLIC HEARINGS:
10.A. ORDINANCE NO. 13-02(A): An ordinance amending the historic designation
adopted via Ordinance No. 70-89 and Ordinance No. 70-90 for the "Fontaine Fox House"
historic site located on the east and west sides of Ocean Boulevard, south of George Bush
Boulevard (610 and 615 North Ocean Boulevard). 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 13-02(A):
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
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OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE
NO. 70-89 THAT PROVIDED FOR THE HISTORIC
DESIGNATION OF THE FONTAINE FOX HOUSE AND
PROPERTY; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 13-02(A) is on file in the City Clerk's office.)
Mayor Schmidt explained that the City granted a "request to stay" any further
proceeding with regard to the ordinance (Fontaine Fox House).
The City Attorney read the caption of the ordinance. A public hearing was held
having been legally advertised in compliance with the laws of the State of Florida and the
Charter of the City of Delray Beach, Florida.
Mayor Schmidt declared the public hearing open.
Alice Finst~ 707 Place Tavant~ asked why the applicant is filing a motion to stay.
In response, Mayor Schmidt stated the applicant(s) filed a lawsuit contesting the denial of their
proposed ordinance.
There being no one else from the public who wished to address the Commission,
the public hearing was closed.
At this point, Mr. Perlman left the dais.
Mr. Levinson moved to table Ordinance No. 13-02(A), seconded by Mrs. Archer.
Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes;
Mayor Schmidt - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote.
10.B. ORDINANCE NO. 15-02: An ordinance amending Chapter 51 of the Code of
Ordinances, "Garbage and Trash" to provide conformity with the franchise agreement between
BFI and the City of Delray Beach and state laws. 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.
The City Manager presented Ordinance No 15-02:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER 51, "GARBAGE AND TRASH", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, BY
AMENDING SECTION 51.01, "DEFINITIONS", TO CLARIFY
CERTAIN DEFINITIONS; BY AMENDING SECTION 51.15,
"GARBAGE AND TRASH COLLECTION RESERVED
EXCLUSIVELY IN CITY OR ITS CONTRACTORS", TO
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PROVIDE ROLL-OFF COLLECTION IS ALSO EXCLUSIVE
TO THE CITY'S CONTRACTOR; BY AMEND1NG SECTION
51.18, "TYPES OF SERVICES PROVIDED FOR PICKING UP
GARBAGE AND TRASH", SUBSECTION (B), "REAR-
DOOR/SIDE-DOOR SERVICE", TO SPECIFY THE DAY FOR
VEGETATION COLLECTION; BY DELETING SECTION
51.21, "COMMERCIAL LANDSCAPE OR LAWN
MAINTENANCE BUSINESS; RESPONSIBILITY FOR TRASH
COLLECTION"; BY AMENDING SECTION 51.22,
"VEGETATIVE WASTE", TO SPECIFY A COLLECTION DAY
AND PROVIDE THAT VEGETATIVE WASTE MAY NOT BE
CO-MINGLED; BY AMENDING SECTION 51.45,
"CONSTRUCTION AND DEMOLITION SITES", TO PROVIDE
FOR THE ADDITION OF ROLL-OFF CONTAINERS INTO
THE CITY'S FRANCHISE AGREEMENT; BY AMENDING
SECTION 51.70, "REGULAR CHARGES LEVIED",
SUBSECTION (C), "COMMERCIAL", TO CLARIFY THE
SERVICES AND RATES CHARGED; BY AMENDING
SECTION 51.71, "PAYMENT AND BILLING", TO CLARIFY
THE BILLING FOR MULTI-FAMILY; BY AMENDING
SECTION 51.72, "METHOD OF BILLING FOR CHARGES",
TO CLARIFY THE BILLING FOR MULTI-FAMILY;
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 15-02 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance. A public hearing was held
having been legally advertised in compliance with the laws of the State of Florida and the
Charter of the City of Delray Beach.
Mr. Perlman returned to the dais.
Mayor Schmidt declared the public hearing open.
John Bennett~ 137 Seabreeze Avenue~ commented that currently professional
landscaping companies are supposed to carry their own waste away and stated sometimes this is
done and sometimes not done. Mr. Bennett asked what the rationale is for the new ordinance
change to provide that landscape companies do not have to remove their own trash.
Brian Shutt, Assistant City Attorney, stated the reason the ordinance was changed
is because of the lawsuit the City had with Waste Management in 1996. Mr. Shutt explained the
disposal charge is essentially already factored into the solid waste rates, etc. Therefore, if the
landscaping company cuts any trees for a homeowner, the homeowner should not be double
billed just because a landscaping company is doing the work versus a homeowner.
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At this point, Mrs. Archer left the dais.
Mr. Levinson moved to adopt Ordinance No. 15-02 on Second and FINAL
Reading, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Ms.
McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mr. Levinson - Yes. Said motion
passed with a 4 to 0 vote.
10.C. ORDINANCE NO. 17-02: An ordinance amending Chapter 35, "Employee
Policies and Benefits", of the Code of Ordinances to provide for dividing retirement plan costs
between the City and participants in the International Conference of Firemen and Oilers
Bargaining Unit as provided in their Collective Bargaining Agreement with the City. 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.
The City Manager presented Ordinance No 17-02:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35,
"EMPLOYEE POLICIES AND BENEFITS", SUBHEADING
"RETIREMENT PLAN", OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH BY AMENDING SECTION
35.095, "CONTRIBUTIONS OF PARTICIPANT AND CITY",
SUB SECTION 35.095 (A), "PARTICIPANT' S CONTRIBUTION
ACCOUNT", TO PROVIDE FOR CHANGES TO CERTAIN
PARTICIPANT CONTRIBUTIONS; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 17-02 is on file in the City Clerk's office.)
At this point, Mrs. Archer returned to the dais.
The City Attorney read the caption of the ordinance. A public hearing was held
having been legally advertised in compliance with the laws of the State of Florida and the
Charter of the City of Delray Beach.
Mayor Schmidt declared the public hearing opened. There being no one from the
public who wished to address the Commission regarding Ordinance No. 17-02, the public
hearing was closed.
Mr. Perlman moved to adopt Ordinance No. 17-02 on Second and FINAL
Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor
Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy -
Yes. Said motion passed with a 5 to 0 vote.
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06/04/02
10.D. ORDINANCE NO. 18-02 (FIRST READING/FIRST PUBLIC HEARING):
An ordinance amending the Land Development Regulations Section 4.4.12 Planned Commercial
(PC) District to add Private Schools as a Conditional Use and Section 4.3.3 "Special
Requirements for Specific Uses" to provide certain regulations for private schools. If passed, a
second public hearing will be scheduled for June 18, 2002. 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.
The City Manager presented Ordinance No 18-02:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES, BY AMENDING SECTION 4.3.3, "SPECIAL
REQUIREMENTS FOR SPECIFIC USES", BY ADDING A
NEW SUBSECTION 4.3.3(HHH), "PRIVATE SCHOOLS AND
OTHER SIMILAR EDUCATIONAL FACILITIES", AND BY
AMENDING SECTION 4.4.12, "PLANNED COMMERCIAL
(PC) DISTRICT", SUBSECTION (D), "CONDITIONAL USES
AND STRUCTURES PERMITTED", TO ALLOW PRIVATE
SCHOOLS AND OTHER SIMILAR EDUCATIONAL
FACILITIES WITHIN THE PC ZONING DISTRICT;
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 18-02 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance. A first reading/first public
hearing was held having been legally advertised in compliance with the laws of the State of
Florida and the Charter of the City of Delray Beach.
Paul Dorling, Director of Planning and Zoning, stated Nobel Learning
Communities, Inc. is seeking to operate a private school in the Lake Ida Plaza (southwest corner
of Congress Avenue and Lake Ida Road). The property is located in the PC (Planned
Commercial) zoning district and currently private schools are not specifically listed as an
allowed use. Therefore, Mr. Dorling stated the applicant is requesting a text amendment to add
the private schools as a conditional use and the text amendment also includes special regulations
which would apply to private schools when they are located in commercial districts.
At its meeting of May 20, 2002, the Planning and Zoning Board held a public
hearing and the applicant agreed to all staff recommendations with respect to special regulations
with the exception of the outdoor play area. The applicant recommended 20% of the leased area
be set aside for play area (1,240 square feet). Mr. Dorling noted that this shopping center has a
child care center in it and there is an outdoor component around the rear of the shopping center.
After a lengthy discussion, the Planning and Zoning Board recommended approval on a (4-2)
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vote with the regulations as proposed by staff.
Michael Weiner~ Attorney representing the applicant~ stated Nobel Learning
Communities, Inc. seeks to operate the "Paladin Academy" (a private school) of less than 100
students in Delray Beach. Mr. Weiner stated the Paladin Academy is one of a number of top
rank well capitalized organizations which own and operate schools catering to a cross section of
students whose needs may not be met by the larger private schools or public schools. Mr.
Weiner stated since private schools are not an allowable use and to remedy the situation Nobel
Learning Communities, Inc. made application to request a zoning change in the PC (Planned
Commercial) zoning district. Mr. Weiner stated the only situation which remains unresolved
relates to the open space. The plans have been reviewed and there are excess parking spaces in
this location. Mr. Weiner stated with respect to this location there is over 4,800 square feet and
he urged the Commission to consider this successfully.
Mayor Schmidt declared the public hearing open.
Jay Slavim resident of Rainberry Bay~ expressed her support for the school and
explained the school will give students more of a one-on-one education. Mrs. Slavin stated she
would be delighted to see the school go into the Lake Ida Plaza and urged the Commission to
support it.
There being no one else who wished to address the Commission regarding
Ordinance No. 18-02, the public hearing was closed.
Mrs. Archer stated she feels this is an excellent use for some of the shopping areas
that are currently vacant. However, Mrs. Archer expressed concern over the number of square
foot per student requirement. Mrs. Archer asked if the Commission were to approve the
ordinance with the requirement of 75 square feet per student, could they on a case-by-case basis
approve schools for lesser amounts for a conditional use.
Mr. Dorling stated this would require a variance and the applicant would have to
show a hardship.
The City Attorney suggested that the Commission give specific authority for a
waiver.
Prior to the vote, Mr. Perlman asked if there is another way legislatively that the
applicant could do that without making the applicant go through an additional hoop.
Brief discussion continued between the City Attorney and the City Commission.
Mr. Dorling stated the applicant would also have to go through the conditional use
process to establish the school concurrently with the waiver request. Therefore, Mr. Dorling
stated this would not necessarily be an extra process.
Ms. McCarthy commented that she concurs with the 75 square feet per student
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and would not want anything less than that to be the norm.
Mr. Levinson stated he feels this is reasonable and stated that the waiver does not
necessarily have to be a hardship if the type of school were such that recreational facilities were
less important. Mr. Levinson stated to him that would be an adequate reason to grant a waiver.
Mr. Levinson concurs with Ms. McCarthy's suggestion to leave the 75 square feet per student
and make it appropriate for a waiver and that be done at the same time as the conditional use
request.
Mrs. Archer moved to adopt Ordinance No. 18-02 on Second and FINAL Reading
with the requirement of 75 square feet per student and allow a waiver by the City Commission
under the general waiver conditions, seconded by Mr. Levinson. Upon roll call the Commission
voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy -
Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote.
10.E. ORDINANCE NO. 19-02 (FIRST READING/FIRST PUBLIC HEARING):
An ordinance amending the Land Development Regulations to allow Public Schools in all
residential zoning districts as a Principal (permitted) use. If passed, a second public hearing will
be scheduled for June 18, 2002. 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.
The City Manager presented Ordinance No 19-02:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES, BY AMENDING SECTION 4.4.3, "SINGLE
FAMILY RESIDENTIAL (R-l) DISTRICTS", SECTION 4.4.5,
"LOW DENSITY RESIDENTIAL (RL) DISTRICT", SECTION
4.4.6, "MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT",
AND SECTION 4.4.7, "PLANNED RESIDENTIAL
DEVELOPMENT (PRD) DISTRICT", TO ALLOW PUBLIC
EDUCATIONAL FACILITIES OF PALM BEACH COUNTY
SCHOOL BOARD, EXCLUDING CHARTER SCHOOLS IN
ALL RESIDENTIAL ZONING DISTRICTS AS A PRINCIPAL
USE; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 19-02 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance. A public hearing was held
having been legally advertised in compliance with the laws of the State of Florida and the
Charter of the City of Delray Beach.
Paul Dorling, Director of Planning and Zoning, stated in 1988,
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06/04/02
Legislature amended Section 163.3177(6)(a), Florida Statutes, to require local governments to
include the school site location criteria in their comprehensive plans. Included with the City's
Comprehensive Plan Amendment 99-1 was a policy which identified that all land use categories
except Conservation, as areas where public facilities are consistent. In 2001 Palm Beach County
School District, Palm Beach County and 26 participating local governments within the School
District chose to implement public school concurrency. At its meeting of December 11, 2001,
the City Commission adopted Comprehensive Plan Amendment 01-3, which involved creation of
a new Public Schools Facilities Element. One of the policies within the Element related to
permitting public schools in all residential use categories. Mr. Dorling stated on page two of the
Planning and Zoning Staff Report it identifies policies which relate to consistency to schools
within residential districts. Mr. Dorling stated one goal in particular is listed under the Public
School Facilities Element Policy B-1.4 (third bullet item) which states "Allowing schools as a
permitted use within all urban residential land use categories." In addition, Mr. Dorling stated
Future Land Use Element B.3.5 states "Public educational facilities of the School District of
Palm Beach County shall be consistent with all land use categories except Conservation." Mr.
Dorling continued to state pursuant to LDR Section 2.4.5(M)(5), approval of an LDR
amendment must be based upon a finding that the amendment is consistent with and furthers the
Goals, Objectives, and Policies of the Comprehensive Plan.
At its meeting of May 20, 2002, the Planning and Zoning Board held a public
hearing regarding this item and several members of the public spoke in opposition to the request.
After discussion, the Board voted 5-1 (Warner dissenting, Randolph absent) to recommend the
Commission approve the amendment to the LDR's to allow public educational facilities of Palm
Beach County School Districts to be consistent with all residential zoning districts.
Ms. McCarthy asked if there are varied descriptions of charter schools and
commented that there are some charter schools that are public schools. The City Attorney stated
Florida State Statute defines charter schools as a public school and there are certain limits in the
Statute unless waived by the School Board.
Mrs. Archer concurs with Ms. McCarthy and feels that by excluding charter
schools defeats the purpose if charter schools are indeed public schools.
Mr. Levinson expressed concern that it is inconsistent with the contract that the
Commission signed for concurrency which calls for it to include public schools.
Mayor Schmidt stated he received copies of letters which are attempts to appeal
the decision made by the Planning and Zoning Board. Mayor Schmidt stated the Planning and
Zoning Board's decision is advisory and is not final. Mayor Schmidt stated under the appeal
section of the LDR' s, only final decisions by the Planning and Zoning Board can be appealed.
Mayor Schmidt declared the public hearing open.
Jane Finkle~ 317 Coral Trace Court~ stated she has an appeal letter that was
hand delivered to the City Clerk on June 3, 2002 concerning this matter. Mayor Schmidt
reiterated that Ms. Finkle does not have an appeal right because the Planning and Zoning
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decision was not a final decision. Ms. Finkle stated she was informed that she could read the
appeal letter into the record. Mayor Schmidt permitted Ms. Finkle to read the letter into the
record (a copy is attached hereto and made an official part of the minutes).
Cari Podesta~ Attorney speaking on behalf of the Coral Trace Homeowners'
Associatiom stated there are people in attendance this evening that will question whether the
advertisement for this ordinance is proper according to the Florida State Statutes. Mrs. Podesta
stated it appears that the Boca Raton News is not a newspaper of general interest and readership
in the municipality as required by Section 166.041(3)(C)(2)(b) of the Florida Statutes. Mrs.
Podesta stated the title of the ordinance is also not consistent with the body of the ordinance.
Kenneth Carruthers~ architect/land planner and resident of Delray Beach~
stated as an architect/planner he has had the opportunity to study the proposed ordinance change
as it relates to the City of Delray Beach Comprehensive Plan. Mr. Carruthers stated while doing
this he discovered inconsistencies between the Comprehensive Plan and the proposed
amendment to the zoning code. Mr. Carruthers stated after this review he concluded that
according to the Comprehensive Plan establishment of regional or public education facilities can
only be done as a conditional use not as a permitted use. Mr. Carruthers quoted some policies
and objectives from the Comprehensive Plan and reiterated that the proposed zoning conflicts
with the Comprehensive Plan. Mr. Carruthers stated either change is required in the proposed
ordinance revision or to be more compelling in the Comprehensive Plan itself. Therefore, Mr.
Carruthers concluded that the inclusion of public education facilities in any zone requires that a
conditional use status should apply.
Gerald Franciosa~ 939 Eve Street~ entered into the record his letter dated June 4,
2002 (a copy is attached hereto and made an official part of the minutes) and stated he attended
the Planning and Zoning Board Meeting of May 20, 2002 in addition to receiving a copy of the
tape from this meeting. Mr. Franciosa stated after listening to the tape he is convinced that City
staff was confused in what they presented to the Planning and Zoning Board members. Mr.
Francisosa feels the Board was incorrectly led to believe that they had virtually no disgression to
change any of the language to the text amendment. Mr. Franciosa stated this is an important
issue and suggested that this item be returned to the Planning and Zoning Board and direction be
given to staff to give proper instructions to the members of the Board.
Anthony Vocaturo~ 2513 Coral Trace Place~ stated he does not read the Boca
Raton News and asked why the City is advertising in this particular paper. Mr. Vocaturo
commented that the Sun-Sentinel News has a larger section dedicated specifically to Delray
Beach and feels more people would be in attendance to voice their opinions and/or objections if
these changes were advertised in a paper of larger circulation.
Alice Finst~ 707 Place Tavant~ asked why the Commission has gone away from
its usual proceeding of not having a public hearing at the first reading of the ordinance. In
response, the City Attorney explained when there is an ordinance that changes the land use the
City holds two public hearings (one on first reading and one on second reading). Furthermore,
the City Attorney stated if the ordinance does not have any impact on changes to the use of the
land then there is not a public hearing on first reading. The City Attorney stated the City must
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06/04/02
hold two public hearings for this particular ordinance pursuant to State Statutes.
Mrs. Finst, representing the Board of Directors of the Homeowners' League of
Chatelaine, stated the Board is very concerned about the proposal and they feel it will open up a
"Pandora's Box".
Mrs. Finst expressed concern over comments about the school at the Lake Ida
Plaza. Mrs. Finst made reference to comments about special parking accommodations such as
for buses and specifics for outdoor play areas. Mrs. Finst stated if the Commission approves this
school it will increase the traffic/signage and change the character of the neighborhood. Mrs.
Finst urged the Commission to consider what this will do to the character of the neighborhoods
and expressed concern over what this will do to the residential character of neighborhood and
urged the Commission to keep the neighborhoods residential if they so desire.
There being no one else who wished to address the Commission regarding
Ordinance No. 19-02, the public hearing was closed.
Mr. Levinson suggested that this ordinance be re-advertised with the deletion of
the charter school language to specifically focus only on public schools.
Mr. Levinson moved approval to postpone Ordinance No. 19-02 for first
reading/first public hearing for June 18, 2002, look into the rural residential aspect and modify as
necessary; and direct staff to review additional concerns raised by the public to see if there is any
validity to those arguments, seconded by Mrs. Archer. Upon roll call the Commission voted as
follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes;
Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote.
At this point, the Commission moved to Item ll.A., City Manager's response to
prior public comments and inquiries.
ll.A.
City Manager's response to prior public comments and inquiries.
In response to a prior concern expressed by Mrs. Wright, the City Manager stated
that Mrs. Wright indicated that the Police Chief was supposed to contact Mrs. Coleman.
However, the City Manager stated that Chief Schroeder has no knowledge of any such
commitment on his part. The City Manager stated officers of the Police Department have met
with Mrs. Coleman and put her in contact with Sergeant Ken Jones of the Palm Beach County
Sheriff s Office Multi-Agency Narcotics Unit. The City Manager stated Sergeant Jones then put
Mrs. Coleman in contact with Lieutenant Mark Murray with the Palm Beach County SherifFs
Office man unit regarding her complaint. Mrs. Coleman was also provided with the number for
Lieutenant Murray of Internal Affairs for the Palm Beach County SherifFs Office should she
wish to file a formal complaint with the Sheriff s office. If additional follow-up is necessary,
Chief Schroeder recommends that it be based on Mrs. Coleman's request and not Mrs. Wright.
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06/04/02
As a follow-up to the City Manager's comments, Mayor Schmidt stated he has
written to Sheriff Bieluch to advise him of her complaint and request copies of whatever records
they have.
With regard to a prior concern expressed by Mrs. Finst about the Neighborhood
Summit topics and some issues she was concerned about that she brought to the floor at each
session she attended, the City Manager stated staff is in the process of revisiting the ordinances
that pertain to parking on front lawns and the requirement to have improved parking on private
property. The City Manager stated staff's preference would be to workshop the proposed
ordinance for the Commission prior to them being considered to first reading and public hearing.
At the Chatelaine Strategic Task Team Meeting last month, the City Manager stated Assistant
City Attorney Brian Shutt discussed the issue of overcrowded housing and his examination of
options that might be available to the City to address some of these conditions. The City
Manager stated there was also talk about Chatelaine's desire to limit the number of vehicles a
family may own or park at their residence. The City Attorney was very direct about the City's
limited ability to control some of these situations under the civil rights that all of us have as
citizens.
At this point, the Commission moved to Item II.B, Comments and Inquiries
on Non-Agenda Items from the Public.
11.B. From the Public.
ll.B.1. Jim Smith~ 1225 South Ocean Boulevard~ thanked the City Commission for
agreeing to consider establishing a Bike Pedestrian Advisory Board. In addition, Mr. Smith
thanked the City Manager for taking the first step toward nominating a Board representative to
the Palm Beach County Bike Pedestrian Advisory Board. As a result of these actions, Mr. Smith
stated two of the 33 Bicycle Friendly Steps have been addressed. Mr. Smith entered into the
record 44 Pedestrian Friendly Steps to make Delray Beach more pedestrian friendly and urged
the Commission to review each step and if in agreement come up with an implementation plan.
ll.B.2. Anthony Vocaturo~ 2513 Coral Trace Place~ stated he came before the
Commission approximately three months ago and expressed concern over the condition of the
way the Tate property was left. Mr. Vocaturo stated the contractor just vacated the property and
left 50 foot mounds of dirt on the site. Mr. Vocaturo stated he received a letter from the City
Manager informing him that he would have the environmental specialists take a look at it. Mr.
Vocaturo stated he looked at the World Almanac and noted that the amount of rainfall we have
received from the time he received the letter was less than two-tenths of an inch of rain. Mr.
Vocaturo commented about the severe drought in South Florida and stated he has two new cars
that he washes nearly every other day due to the amount of dust which blows from this site and
feels he cannot help to conserve water this way. In addition, Mr. Vocaturo commented about the
poor condition of the sidewalks in the area. He urged the City to do something to make this area
safe and confine the amount of dust that is coming from this property.
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ll.B.3. Charlotte Wright~ 815 N.W. 2I'a Street~ stated two weeks ago she and Mrs.
Coleman expressed concern over the police brutality case and inquired as to why she has not
received anything in writing about this.
Mayor Schmidt stated he feels it would be beneficial if Mrs. Coleman was in
attendance this evening so that the Commission can find out whether or not she has talked to the
people at the Sheriff' s office.
The City Manager reiterated his prior comments regarding the response he
received from Chief Schroeder and informed Mrs. Wright that he would send her Chief
Schroeder's response in writing.
ll.B.4. Sylvia Cohere 544 N.W. 47th Avenue~ expressed concern over the construction
along Lake Ida Road. Mrs. Cohen stated she has made a few suggestions to Rick Sherm the
County Project Manager regarding limited pedestrian accessibility, etc. Mrs. Cohen stated she
is concerned about how this project is going to be completed and suggested that the Commission
ask the County to send them some renderings on what the project will look like when it is
finished especially with regard to the landscaping.
ll.B.5. John Bennett~ 137 Seabreeze Avenue~ expressed concern over the parking lot
located at the corner of Atlantic Avenue and Andrews Avenue which was to be a public parking
lot by agreement with the Marriott when the expansion took place. Mr. Bennett stated he
understands that the City Attorney's office has reviewed the agreement and concluded that the
City require the Marriott to allow the lot to be posted as public thereby informing anyone they
can park there. However, Mr. Bennett stated that at the entrance of the Marriott there is a sign
posted which reads "You Will Be Towed If You Park Here". Therefore, if the parking lot is
supposed to be for public parking then how is the Marriott allowed to post the sign?
ll.B.6. Jennifer Wood~ 917 Bucida Road~ expressed concern over the Snappy Turtle
store east of the bridge on Atlantic Avenue. Mrs. Wood stated they have two stores with one
being a sales boutique. Mrs. Wood stated since they have moved into the store they have not
followed the sign code because there is no sign posted in form with the other stores located on
either side.
Secondly, Mrs. Wood stated she walks the beach on a daily and or evening basis
and noted that the Seagate Beach Club is not abiding by protocol moving their chairs back from
the view for their members. Mrs. Wood stated she has spoken to several people regarding the
sea turtles and has been informed that it is very dangerous for the chairs to be on the beach so
close to the water because when the turtles come up on the beach they get entangled in the
chairs. Mrs. Wood suggested that the chairs be moved at least 200 feet back from the water and
urged the Commission to look into this matter.
At this point, the time being 8:15 p.m., the Commission moved to Item 9.C. of
the Regular Agenda.
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9.C. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Consider acceptance of the actions and decisions made by the Land Development Boards for the
period May 20, 2002 through May 31, 2002.
Mr. Perlman moved approval to receive and file the report, seconded by Mr.
Levinson. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor
Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion
passed with a 5 to 0 vote.
At this point, the Commission moved to Item 9.E. of the Regular Agenda.
9.E. PROPOSAL FOR SETTLEMENT/THOMAS v. CITY: Consider acceptance
of proposal for settlement subject to the receipt of appropriate releases in the Thomas v. City of
Delray Beach case. Staff recommends acceptance.
At this point, Mr. Perlman left the dais.
Mrs. Archer moved to approve the proposal for settlement subject to receipt of
appropriate releases in the Thomas v. City of Delray Beach case, seconded by Mr. Levinson.
Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mrs. Archer - Yes; Mr.
Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote.
9.F. PROPOSAL FOR SETTLEMENT/WALKER v. CITY: Consider acceptance
of proposal for settlement subject to the receipt of appropriate releases in the Walker v. City of
Delray Beach case. Staff recommends acceptance.
Mr. Levinson moved to approve the proposal for settlement subject to the
appropriate releases in the Walker v. the City of Delray Beach, seconded by Mrs. Archer. Upon
roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms.
McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 4 to 0 vote.
At this point, the Commission moved to Item 12, First Readings.
12.
FIRST READINGS:
12.A. ORDINANCE NO. 20-02: An ordinance amending Future Land Use Map from
MD (Medium Density Residential 5-12 du/ac) to CC (Commercial Core) and rezoning from RM
(Multiple Family Residential - Medium Density) to CBD (Central Business District) for a parcel
of land located on the east side of Venetian Drive, approximately 278 feet south of East Atlantic
Avenue. If passed, a quasi-judicial public hearing will be scheduled for June 18, 2002.
The City Manager presented Ordinance No 20-02:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING THE FUTURE
LAND USE MAP DESIGNATION AS CONTAINED IN THE
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COMPREHENSIVE PLAN FROM MD (MEDIUM DENSITY
RESIDENTIAL 5-12 DU/AC) TO CC (COMMERCIAL CORE);
ELECTING TO PROCEED UNDER THE SINGLE HEARING
ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN
AMENDMENTS; AND REZON1NG AND PLACING LAND
PRESENTLY ZONED RM (MULTIPLE FAMILY
RESIDENTIAL - MEDIUM DENSITY) DISTRICT TO CBD
(CENTRAL BUSINESS) DISTRICT; SAID LAND BEING A
PARCEL OF LAND LOCATED ON THE EAST SIDE OF
VENETIAN DRIVE, APPROXIMATELY 280 FEET SOUTH OF
ATLANTIC AVENUE, AS MORE PARTICULARLY
DESCRIBED HEREIN; AMENDING "ZONING MAP OF
DELRAY BEACH, FLORIDA, FEBRUARY, 2002";
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 20-02 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
At this point, Mr. Perlman returned to the dais.
Paul Dorling, Director of Planning and Zoning, stated the property consists of the
north 25' of Lot 1, Block C of the John B. Reid's Village and contains 0.09 acres. The property
contains a parking area that was installed when the Atlantic Center Shoppes shopping center was
constructed in 1957.
At its meeting of May 20, 2002, the Planning and Zoning Board held a public
hearing in conjunction with the request and after discussing the proposal, the Board voted 6-0
(Randolph absent) to recommend that the request be approved based on consistency with the
Downtown Delray Beach Master Plan and positive findings with respect to Future Land Use
Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section
3.1.1 (Required Findings), LDR Section 2.4.5(D)(5) (Rezoning Findings) and the Goals,
Objectives, and Policies of the Comprehensive Plan.
Staff recommends approval on first reading of the ordinance for the proposed
small scale FLUM Amendment from MD (Multiple Family Residential 5-12 dwelling units per
acre) to CC (Commercial Core) and Rezoning from RM (Multiple Family Residential - Medium
Density) to CBD (Central Business District) based on consistency with the Downtown Delray
Beach Master Plan and positive findings with respect to Future Land Use Element Policy A-1.7
of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required
Findings), LDR Section 2.4.5(D)(5) (Rezoning Findings) and the Goals, Objectives, and Policies
of the Comprehensive Plan.
Mr. Perlman moved to approve Ordinance No. 20-02 on FIRST Reading,
seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mrs. Archer -
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06/04/02
Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said
motion passed with a 5 to 0 vote.
12.B. ORDINANCE NO. 21-02: An ordinance rezoning from RM (Multiple Family
Residential - Medium Density) to CBD (Central Business District) for a parcel of land located on
the west side of Gleason Street, approximately 193 feet south of East Atlantic Avenue. If passed,
a quasi-judicial public hearing will be scheduled for June 18, 2002.
The City Manager presented Ordinance No 21-02:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, REZONING AND PLACING
LAND PRESENTLY ZONED RM (MULTIPLE FAMILY
RESIDENTIAL - MEDIUM DENSITY) DISTRICT TO CBD
(CENTRAL BUSINESS) DISTRICT; SAID LAND BEING A
PARCEL OF LAND LOCATED ON THE WEST SIDE OF
GLEASON STREET, APPROXIMATELY 180 FEET SOUTH
OF ATLANTIC AVENUE, AS MORE PARTICULARLY
DESCRIBED HEREIN; AMENDING "ZONING MAP OF
DELRAY BEACH, FLORIDA, FEBRUARY, 2002";
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 21-02 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
Paul Dorling, Director of Planning and Zoning, stated the subject property
consists of Lot 7, Block "C", John B. Reid's Village Subdivision, and contains 0.33 acres. The
property is located on the west side of Gleason Street, 193' south of East Atlantic Avenue (34
Gleason Street), within the Downtown Delray Beach Master Plan area. The property contains a
two-story apartment structure that was built in 1952 and contains 8 units.
At its meeting of May 20, 2002, the Planning and Zoning Board held a public
hearing in conjunction with the request and after discussing the proposal, the Board voted 4-2
(Krall & Warner dissenting, Randolph absent) to recommend that the request be approved based
upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(D)
of the LDR' s, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5).
Staff recommends approval of this ordinance on first reading for a zoning
designation change from RM to CBD for Island House Apartments based upon positive findings
with respect to Chapter 3 (Performance Standards) of the Land Development Regulations,
policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5).
Mr. Perlman moved to approve Ordinance No. 21-02 on FIRST Reading,
seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Levinson -
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06/04/02
Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said
motion passed with a 5 to 0 vote.
13.
Comments and Inquiries on Non-Agenda Items.
13.A. City Manager.
With regard to Mr. Perlman's inquiry regarding the status of Pathways located on
Barwick Road, the City Manager stated the City is currently trying to contact the property owner
to see what the plans are for the facility and anticipate getting additional information later this
week. In addition, with regard to the sober house ordinance, the City Manager explained that the
City Attorney is currently reviewing Boca's ordinance regarding the related concerns of the
Woods of Southridge subdivision. The City Manager stated Boynton Beach City Council will be
taking action on the proposal to establish a 325 bed substance abuse treatment facility in
Quantum Park Treatment Facility for the Watershed Company. This company currently owns
Palm Gardens Apartment Complex at the northeast corner of Linton Boulevard and S.W. 8th
Avenue in Delray Beach. According to news reports, the City Manager stated the new facility in
Boynton Beach is to replace Watershed's facilities in Delray and Boca.
13.B. City Attorney.
The City Attorney had no comments or inquiries on non-agenda items.
13.C.
13.C.1.
City Commission.
Commissioner Archer
Mrs. Archer commented that the Airport Authority turned down a request for a
combined office building, restaurant and a 250 unit townhouse complex north of the Boca
Airport. Mrs. Archer stated she was pleased to see that this was turned down because she feels it
is far too close to the approach that is usually used for the Boca Airport. However, Mrs. Archer
expressed concern over the new hangar facilities and commented it is anticipated to take a lot of
the aircraft which are currently stored at Fort Lauderdale Executive Airport. Mrs. Archer
inquired as to whether or not Boca Airport has any review process for monitoring the decibel
level of the planes and commented that we do not know what type of planes are now in the
facility that may head north. Mrs. Archer stated she would like the City of Delray Beach to send
correspondence to the Boca Airport Authority and the Boca City Council to inform them that the
City of Delray Beach would not look favorably on any planes coming in that exceed their decibel
level.
Secondly, Mrs. Archer stated it is her understanding that FPL is going to be
donating a piece of land to be used for a basketball court around the Osceola Park neighborhood.
Mrs. Archer stated she feels this is admirable of FPL and congratulated them for being so helpful
in the neighborhoods.
-26-
06/04/02
Mrs. Archer commended Terrill Pyburn, Assistant City Attorney for her memo
regarding the off-site treatment facilities based on the State law that has gone into effect. Mrs.
Archer suggested that the City of Delray Beach make appropriate changes in the ordinance to
accommodate those areas where Boca has made the changes regarding off-site residences and
where they can be located.
13.C.2.
Commissioner Perlman
Mr. Perlman stated he had the opportunity to greet approximately 17 children who
were here from Dublin, Ireland to play soccer. Mr. Perlman stated at the time he met with them
the children won 2 out of 3 games and complimented staff for putting together a gift packet for
the children. Furthermore, Mr. Perlman stated that the chaperon for the children suggested that
the City of Delray Beach form a Sister City with Ireland.
Secondly, Mr. Perlman stated he is pleased to report that the sub-committee for
the Implementation Committee for the downtown plan is underway and commented that
everyone is working hard to ensure that the Master Plan is implemented.
Mr. Perlman stated he received a memo from Mr. Dubin regarding the Delray
Swim and Racquet Club closing on Sundays. Mr. Perlman stated he has received calls from
some individuals who are interested in sub-leasing that facility. Mr. Perlman commented that
one of the things that drove his support of the City purchasing this facility was to make use of the
pool and perhaps have a separate pool membership because not everyone has a pool in their
backyard and not every community has a community pool. Mr. Perlman suggested that the City
offer families a reasonable cost for use of the pool and perhaps discuss this option further with
Mr. Dubin.
With regard to the Memorial Day celebration held at the municipal cemetery, Mr.
Perlman stated the American Legion Post presented the Commission with a flag and commented
that this was done in response to the City's resolution supporting them.
13.C.3. Mayor Schmidt
Mayor Schmidt stated he concurs with Commissioner Archer's comments on the
quality of Terrill Pyburn's memo and also feels the Commission should follow-up on this issue.
Mayor Schmidt stated he met with Palm Beach County Commissioner McCarty
and Mr. Freudenberg, Boca Raton Council Member, and they looked at the idea of taking the
compromised language from the legislation that did not pass and trying to do that by way of an
Interlocal Agreement between the three cities, the County, and the Airport Authority. Mayor
$chmidt stated the Boca Airport Authority attorney's opinion is that the City of Delray was
attempting to have them delegate too much authority. Mayor $chmidt stated he has drafted some
by-laws to create a committee that would be composed of the four cities and one representative
from the County as an Advisory Board. Mayor Schmidt informed Mr. Freudenberg that he did
not feel by just doing that was going to be sufficient. Mayor $chmidt commented that if the City
of Delray was going to do this as the first step he feels that there should be an Interlocal
-27-
06/04/02
Agreement. Mayor Schmidt stated that Mayor Abrams concurred with him. Mayor Schmidt
stated he believes that the Airport Authority was supposed to vote on this issue last night. Mayor
Schmidt stated he also met with Palm Beach County Commissioner Burt Aaronson and Mayor
Reid from Highland Beach and commented that Commissioner Aaronson is still interested in
having the County take over the airport.
13.C.4.
Commissioner McCarthy
Ms. McCarthy stated she attended the First Annual Caribbean-American Music
Festival on June 1, 2002, held at Old School Square organized by the Haitian Cultural Society of
Palm Beach, the Haitian Center for Family Services and the Haitian American Community
Council. In addition, Ms. McCarthy stated an awards dinner was held the evening before where
two police officers were recognized and given awards for their project which involves working
with young people in vocational schools. Ms. McCarthy commented that there was a special
guest appearance by Actor Gabriel Casseus (one of the first Haitian movie stars) who flew in
from Los Angeles to attend the festival. Ms. McCarthy stated that Old School Square was
delighted to hold the festival.
13.C.5.
Commissioner Levinson
Mr. Levinson stated he has received calls from people inquiring about the Delray
Swim and Racquet Club (formerly known as Laver's) with regard to the issue of the pool and
when this issue is gong to be dealt with.
The City Manager informed Mr. Levinson that he would have to discuss this issue
with Joe Weldon, Director of Parks and Recreation.
Secondly, Mr. Levinson stated Arthur Applebaum (whose son Mike lives in
Delray Beach) passed away and commented that he had the best record store located in Tamarac.
Mr. Levinson stated he has talked to Mike several times about trying to see if there is a way to
move the store to Delray Beach.
With regard to the Haitian Day invite, Mr. Levinson stated some of the
Commission members did not receive their invitations until late Thursday evening. Mr.
Levinson stated he was disappointed and commented that it was unfortunate they did not receive
the invitation in a timely manner. Mr. Levinson stated when the City is a sponsor or a co-
sponsor of an event he feels the Commission needs to know right up front whether or not they
wish the Commission to attend. Mr. Levinson suggested that when the City is a sponsor or co-
sponsor of an event that there be a form if they wish to invite the Commission.
Mr. Levinson stated he also attended the Caribbean-American Music Festival held
on Saturday, June 1, 2002 and commented that it was a great event.
Mr. Levinson stated he came in contact with Mr. Dave Freudenberg (Boca Raton
Council Member) the other day and they had a brief discussion about the article which appeared
in the Boca News about Boca's rezoning. Mr. Levinson stated he suggested to Mr. Freudenberg
-28-
06/04/02
for the City of Delray Beach and the City of Boca Raton to get together because he feels both
cities have a shared need to minimize these type of impacts.
Mr. Levinson stated he had a discussion with the City Attorney and was distressed
to see that the Judge delayed the City's efforts to take over the land that the Delray Beach
Housing Authority had asked about. Mr. Levinson suggested that the City hold a joint meeting
between these types of organizations to talk about what their plans are so that the City can more
appropriately make sure they feel comfortable with them.
Mr. Levinson stated he feels Queen Elizabeth II should be congratulated for
celebrating her 50th year in rein and commented that a fabulous concert was televised with Ozzy
Osbourne.
at 8:45 p.m.
There being no further business, Mayor Schmidt declared the meeting adjourned
ATTEST:
City Clerk
MAYOR
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information
provided herein is the Minutes of the Regular City Commission Meeting held on June 4, 2002,
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 completed 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 to the Minutes
as set forth above.
-29-
06/04/02
for the City of Delray Beach and the City of Boca Raton to get together because he feels both
cities have a shared need to minimize these type of impacts.
Mr. Levinson stated he had a discussion with the City Attorney and was distressed
to see that the Judge delayed the City's efforts to take over the land that the Delray Beach
Housing Authority had asked about. Mr. Levinson suggested that the City hold a joint meeting
between these types of organizations to talk about what their plans are so that the City can more
appropriately make sure they feel comfortable with them.
Mr. Levinson stated he feels Queen Elizabeth II should be congratulated for
celebrating her 50th year in rein and commented that a fabulous concert was televised with Ozzy
Osbourne.
at 8:45 p.m.
There being no further business, Mayor Schmidt declared the meeting adjourned
City Clerk
ATTEST:
MAYOR
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information
provided herein is the Minutes of the Regular City Commission Meeting held on June 4, 2002,
Minutes were
formally approved and adopted by the City Commission on
City Clerk
NOTE TO READER:
If the Minutes you have received are not completed 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 to the Minutes
as set forth above.
-29-
06/04/02
08/1~./02 TL'E 07:38 FAX 56! 24,3 3774 CIT~ CLERK ..I~.0...L
~unt 3, 2002
VIA HAND DF. LIVERY.
ctt~ Cler~
CiD' of Delray Beach
100 NW 1" Avenue
Dekay Beach, Florida 33dA4
Dear Clerk:
Please consider this letter as an appeal by the undersi&ned in accordmtce with Section
2.4.7(E) of the City of Delray Beach's Land Development Regulations ("LD]LS") of the action
taken by the Planning and Zoning Board on May 20, 2002 approving of a text amendment to the
Land Development Rcgulations to perm/t public educational fadlities in residenti~ districts.
The basis fo[ the appeal in as follows: (a) the notice of the meeting at whach *.he Planning
and Zoning Board met to consider this text amendment, as advertised in 'the local newspaper, is
defective in that it states that the text amendment is to apply to all residential zoning districts
when in fact the proposed text amendments do not apply to ail residential zmdng districts in the
City, (b) the Planning and Zoning Board amended the proposed language for the text amendment
at its hearing on May 20, 2002 fi'om that recommended by s~affto exclude c~arter schools, ~ a
mesm of example only. Accordingly, the Planning and Zo-ing Board should ~e required to
approve of this revision to the proposed text amendment before the City Conunission takes its
own action to approve the te~t amendment as is required under Section 2.4.5(M)(5). This is
particularly true as the approval by the Planning and Zoning Board was riot unanimous.
Accordingly, the recommended language for lhis text amendment should not be presented to the
City Commissiou until the Planning and Zoning Board has had an opportunity to review, vote
and approve of the change to the language which it made to durh!g its meeting of May 20, 2002.
To the best knowledge of the undersigned, the Planning and Zoning Board hi~ not met again
since May 20, 2002 to appro~;e of this zevision and, therefore, the presematicm of the language to
the City Commission is premature under Section 2.4.5.(M)($) of the LD1LS; and (c) the proposed
amendment to the LDRS is not consistent with the Goals, Objectives and Policies of the City of
Delray Beach's Comprehensive Plan, as amended, and should not have been i~pproved by the
Plarming and Zoning Board.
The undersigned requests tht the City Commission dueer any action (m the approval to
the proposed text amencimeat of the LDRS allowing public educational facilities in residential
zoning districts until such time as the Planning and Zoning Board ia able to reconsider at a
properly noticed meetlnS to consider the amendment and to certLf7 its approval of the language
'which it revised during its meeting of May 20, 2002 if the Plannin& and Zoriiz~ Board elects to
do so al%r a properly notice meetin&.
08/04/02 TL1K 07:37 (TX/RI NO 0937)
for the City of Delray Beach and the City of Boca Raton to get together because he feels both
cities have a shared need to minimize these type of impacts.
Mr. Levinson stated he had a discussion with the City Attorney and was distressed
to see that the Judge delayed the City's efforts to take over the land that the Delray Beach
Housing Authority had asked about. Mr. Levinson suggested that the City hold a joint meeting
between these types of organizations to talk about what their plans are so that the City can more
appropriately make sure they feel comfortable with them.
Mr. Levinson stated he feels Queen Elizabeth II should be congratulated for
celebrating her 50th year in rein and commented that a fabulous concert was televised with Ozzy
Osbourne.
There being no further business, Mayor Schmidt declared the meeting adjourned
at 8:45 p.m.
ATTEST:
MAYOR
City Clerk
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information
provided herein is the Minutes of the Regular City Commission Meeting held on June 4, 2002,
Minutes were
formally approved and adopted by the City Commission on
City Clerk
NOTE TO READER:
If the Minutes you have received are not completed 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 to the Minutes
as set forth above.
-29-
06/04/02
Ou/O4/OX '£UU U7:39 FA~ 561 243 3774 CITY CI,I~RK i~005__
Apical to City Clerk
City of Delr~y Be~.h
The undersigned is an owner ofreal property in the City ofDeh~y B,:ach. is a ~axpayer in
thc City of Delray Beach and has an interest In the proposed amendment to the extcnt that the
underai~ned l/yes in a residential zoning district which will be directly impacted by the proposed
text &me~ldlnent if it is approved by the City.
Ple~e advise the undersigned as to when the City Commission shall consider this appeal.
Thank you.
Sincerely,
Mrs. Judy Price
250 N.B. 16~` Street
Delray Beach. Florida 33444
TTT~
09/04/02 TU~ 07:37
[TZ/~T~ NO 9137!
May ?, 2002
44 Pedestrian Friendly Steps for Delray Beach
12. Make all sidewalk comers in Delray Beach wheelchair friendly.
13.
14.
Build more sidewalks and paths so that existing sidewalks and paths can
be linked into larger walking networks.
Install pedestrian activated flashing poles at the Atlantic Dunes crosswalk,
the Anchor Park crosswalk, and at the Sandoway House crosswalk.
15. Provide benches, shade and rain protection at all transit stops.
16.
17.
18.
Alleviate flooding conditions that occur on sidewalks after a heavy rain.
The Rosemont neighborhood and Iow sections on the east side of A1A
should be examined first. Correct the A1A problem either before or
concurrent with the planned repaving and widening.
Complete sidewalk linkage and safe street crossings so that anyone -
including the handicapped- who lives within two miles of a park can
realistically walk to a neighborhood park.
Close Atlantic Avenue to motor vehicle traffic from East 1st Avenue to
East 5~ Avenue, simultaneously with the completion of a parking garage
adjacent to the Old School Square. By converting these four streets to
pedestrian, skater and cyclist traffic, the merchants will reap the advantage
of "walk by" rather than "drive by" traffic. Pedestrians will enjoy the
benefits of a park-like atmosphere, with benches, fountains, and social
interactions. Motorists will find less gridlock.
Motor vehicle traffic flow at the comer of Swinton Avenue and Atlantic
Avenue will be improved with one-way east traffic only, on Atlantic
Avenue between Swinton and East 1't Avenue. Motor vehicle traffic flow
at the comer of Atlantic Avenue and East 5t~ Avenue (Federal Highway,
South) will be improved as traffic converts from a three-way street
intersection to a two-way street 'intersection.
May ?, 2002
44 Pedestrian Friendly Steps for Delray Beach
29.
30.
Widen the sidewalk on the east side of Ocean Blvd. (beach area) so that
the sidewalk conforms to width design guidelines for a multi-purpose
pathway. It's too narrow now for safe pedestrian travel.
Ask Palm Beach County to redesign all pedestrian crossing signals at
major intersections to provide for flashing "count down" times so that
pedestrians will know how much time remains to cross the street.
31. Build pedestrian and cyclist pathways along all accessible waterways.
32.
33.
34.
35.
36.
37.
Construct continuous pedestrian sidewalks or pathways along all major
streets and highways. These should be direct and interconnect with all
other modes oftransportation~
Provide adequate lighting on sidewalks and paths used by pedestrians to
encourage use and provide safety and security.
Educate the public about the transport, financial, environmental, energy,
health, and social benefits of walking and cycling.
Encourage businesses to recognize and reward employees who walk or
bicycle to work.
Fix the A1A/Casuarina comer so that pedestrians can safely stand while
waiting for the traffic light to change. Also, lower the pedestrian signal
button for accessibility.
Complete the constmction of sidewalks under the Atlantic Avenue Bridge
that will link Veteran's Park and the Marina.
38. Eliminate all missing sidewalk sections, especially on US 1.
DATE:
TO:
FROM:
RE:
June 4, 2002
Mayor Schmidt and City Commissioners
Gerald Franciosa
June 4 City Commission Meeting, agenda item 10.E. Ordinance 19-02:
Amending LDRs to allow Public Schools in all residential zoning districts as
Principal (,~ermitted) use.
When the Planning and Zoning Board discussed this item at its May 20 meeting, it was given
incorrect and misleading information by P&Z staff in response to questions fi.om Board members
who asked staff for clarification on the language of this proposed text amendment to the LDRs.
As such, this item must return to the P&Z Board so that it can consider it with the proper
understanding of all appropriate background information.
The basis for the proposed text amendment, as described in the staff report, is found in the
Comprehensive Plan Amendment adopted on December 11, 2001 by City Commission, and
which relates to School Concurrency. That Comprehensive Plan amendment involved the
creation ora new Public Schools Facilities Element, a policy that permits public schools in all
residential land use categories. Drawing on this, the staff report for the May 20 P&Z meeting
presented specific language from this Public Schools Facilities Element stating that "The City of
Delray Beach shall encourage the location of schools proximate to urban residential areas
by...Allowing schools as a permitted use within all residential land use categories." This
language is ambiguous, since 'the language of our LDRs is "zoning districts," not "land use
categories." Staff never pointed out this language difference for the Board's benefit, nor
was there any discussion by the Board of this different language.
On numerous occasions during the Board's consideration of the proposed LDR text amendment,
staff mislead the Board into believing that it had no discretion to alter the language of this
proposed text amendment. The following paraphrases what certain individuals said during the
P&Z Board meeting, except where quotations marks reflect what was actually said on the taped
record of the meeting's proceedings.
At one point it was noted that since the City's LDRs currently allow public education facilities
only in the Community Facilities zoning district as a conditional use, it might have been
appropriate for the Board to modif3r the CF zoning district regulations to allow educational
facilities as a permitted use. During this discussion, Board member Mr. Warner presented the
possibility of having the proposed text amendment allow schools in residential districts as a
conditional use. Mr. Warner asked "Why not start fi.om a conditional use approach, and that way
we establish consistency between two different zoning districts?"
lVh-. Dorling responded to Mr. Warner that "Part of the school concurrency process was the
adoption of the Public School Facilities Element. That element specifically was adopted by all
municipalities with the same language that says allowing schools as a permitted use in all urban
residential land use categories."
1. "Land use categories" yes, but it says nothing about zoning districts, which is what
the LDRs address and what the proposed LDR text amendment addresses. There is
nothing in the Public School Facilities Element nor in the School Concurrency
lnterlocal Agreement signed by Delray Beach that requires schools to be a
permitted use in residential zoning districts.
Boca Raton has the same Comprehensive Plan language regarding the new Schools
Element that Delray Beach does, but Boca allows schools as a conditional use in
some residential zoning districts and as a permitted use in others. Boca Raton
planning staff said that this distinction is legitimate because the new School Element
in its Comprehensive Plan (identical to Delray Beach's) addresses "land use
categories" and not "zoning districts." In addition, the Village of Royal Palm Beach
allows schools in all zoning districts but on a conditional use basis only. Therefore,
if Boca Raton and the Village of Royal Palm Beach can allow schools on a
conditional use basis, why can't Delray Beach?
Mr. Doffing' response continued: "That (the Public Schools Facility Element) was adopted by
every municipality in this county." Yes, everyone else may have adopted the School Element,
with its language about "land use categories." It is a fact that not every municipality has
language as the proposed approach to residential zoning districts that the Board
considered in this text amendment. By making this statement, Mr. Dorling implied to the
Board that it has no flexibility with the language of the proposed text amendment.
In the same response, Mr. Dorling continued "That's what our Inter local Agreement with the
School Board says, along with everyone else's. "Yes, every municipality's Interlocal
Agreement may have the same language, but NO - there is no language in the Interlocal
Agreement that is anywhere near as specific as what the proposed text amendment says.
Again Mr. Dorling in this commentary clearly left the impression that the Board's hands
were tied and that everyone else in the County is doing same thing, which is just not true.
Later in the meeting, comments were made about similar actions taken by other cities in the
County. Mr. Dorling said "What this is proposing to do is to be consistent with those policies that
were adopted by this City and every other city in the implementation of school concurrency." For
clarification, Board Chairman Mr. Sowards asked the question: "This will be consistent with
Boca Raton, with Boynton, with all the other municipalities in Palm Beach County?" The
response from Mr. Dorling was that "Everybody will have to comply and adopt the same
regulations." If Mr. Dorling was referring to the proposed text amendment, since Mr.
Soward's question asked about "regulations" - which is what the LDRs are - then he was
incorrect. If Mr. Dorling was describing the new School Element of the Comprehensive
Plan when he noted that "Everybody will have to comply" then he should have made that
distinction. He did not. As earlier, Mr. Dorling's response was vague and clearly gave the
Board a false impression about how it could proceed.
Mr. Soward replied "So it will be consistent wi?h the rest of the county?" Mr. Dorling's response
on the tape of the meeting was inaudible. But the tape does confirm that he offered no
clarification in response to Mr. Soward's question. As done previously, Mr. Dorling made
statements about how everyone has to do this. But he was very vague about what "this"
means. And since the item before the Board was a text amendment, then Mr. Dorling
failed to clarify for the Board when there was or was not an obligation on the part of
participating municipalities to take certain steps in the School Concurrency process. As a
2
result, he created an impression - in direct response to questions from the Board - that did
not correctly reflect the discretion the Board had at its disposal when considering the text
amendment.
Later in the meeting, after a member of the public and Mr. Dorling spoke hack and forth with
each other, Board member Mr. Peltzie stated "All communities are in the process of passing this
zoning change." This is not true. If he meant the zoning change of this text amendment, then
he was wrong, by definition, since Boca Raton and Royal Palm Beach, as two examples,
retain their approach of conditional use approval. Regardless, at this point Mr. Dorling
should have clarified what Mr. Peltzie said by making the distinction between
Comprehensive Plan Amendments and zoning regulation changes. By not doing this, Mr.
Dorling contributed again to the false impression in the minds of Board members.
I find nothing in the pertinent Florida Statutes that supports Mr. Dorling's statements or
implications as they relate to a city's amendments to its LDRs. In fact, the language in the
section of Florida statutes describing the "Public School Facilities Element" as it relates to
School Concurrency seems to state nothing that to any degree addresses the point Mr. Dorling
made when offering guidance to the Planning and Zoning Board.
As such, in the interest of a fair and open process, and to provide the Planning and Zoning Board
the opportunity to perform its obligations, I believe your only choice at this point is to return this
item to Planning and Zoning staff, so that they can prepare a new staff report, after which a
proposed text amendment would come before the P&Z Board for its consideration. Only after
that has been done will the Board be prepared to make a recommendation based fairly and
objectively on the actual requirements of the School Concurrency initiative.
Beyond the issue of instructions for the Board, there are two other concerns:
!. The proposed text amendment did not include the Mobile Home zoning district. Nothing
was mentioned about this at the meeting. Why is this not an "urban residential zoning
category"?
e
A member of the public asked whether or not the proposed text amendment applied to
charter schools. In response, Mr. Dorling noted that the Board might wish to add
language to the proposed amendment that addressed charter schools. Mr. Peltzie moved
approval of the proposed text amendment by stating he "moved approval and add
definition of Public Educational Facilities that excludes charter schools." Mr. Dorling
asked if the following language were acceptable: "Public Educational Facilities of the
Palm Beach School Board excluding charter schools." Mr. Peltzie said yes, after which
the motion was seconded and passed by a vote of 6 - 1. If Charter Schools are
"public," as I have been led to believe by the school district, then the Board erred,
since the approved text amendment is at risk of violating the Florida Statute
addressing School Concurrency, which "shall include all public schools."
Florida Statutes
Section 1633180 Concurrency.
163.3180 (13) School concurrency, if imposed by local option, shall be established on a
district"wide basis and shall include all public schools in the district and all portions of the
district, whether located in a municipality or an unincorporated area. The application of school
concurrency to development shall be based upon the adopted comprehensive plan, as amended.
All local governments within a county, except as provided in paragraph (f), shall adopt and
transmit to the state land planning agency the necessary plan amendments, along with the
interloeal agreement, for a compliance review pursuant to s. 163.3184(7) and (8). School
concurrency shall not become effective in a county until all local governments, except as
provided in paragraph (f), have adopted the necessary plan amendments, which together with the
interlocal agreement, are determined to be in compliance with the requirements of this part.
The minimum requirements for school concurrency are the following:
(a) Public school facilities element --A local government shall adopt and transmit to the
state land planning agency a plan or plan amendment which includes a public school
facilities element which is consistent with the requirements of s. 163.3177(12) and which
is determined to be in compliance as defined in s. 163.3184(1)(b). Ail local government
public school facilities plan elements within a county must be consistent with each other
as well as the requirements of this part.
163.3177 Required and optional elements of comprehensive plan; studies and surveys.-
163.3177(12) A public school facilities element adopted to implement a school concurrency
program shall meet the requirements of this subsection.
(e) The objectives and policies shall address items such as: the procedure for an annual
update process; the procedure for school site selection; the procedure for school
permitting; provision of supporting infrastructure; location of future school sites so they
serve as community focal points; measures to ensure compatibility of school sites and
surrounding land uses; coordination with adjacent local governments and the school
district on emergency preparedness issues; and coordination with the future land use
element.
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