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06-03-03JUNE 3~ 2003 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Jeff Perlman in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, June 3, 2003. 1. Roll call showed: Present - Commissioner Patricia Archer Commissioner Bob Costin Commissioner Jon Levinson Commissioner Alberta McCarthy Mayor Jeff Perlman Absent - None Also present were - David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager Susan A. Ruby, City Attorney Barbara Garito, City Clerk 2_ The opening prayer was delivered by Rabbi Suzanne Carter, Chief Chaplain for the Delray Beach Police and Fire-Rescue Department. o The Pledge of Allegiance to the flag of the United States of America was given. o AGENDA APPROVAL. Mayor Perlman stated that the agent has requested Item 9.A. Conditional Use Request/Weatherspoon Car Wash, be moved to the last item on the Regular Agenda. Mayor Perlman stated the applicant has requested Item 9.D. Resolution No. 32- 03 be postponed. Also, Mayor Perlman stated Item 10.A. Ordinance No. 15-03 will be conducted as a Quasi-Judicial Hearing. Mr. Costin moved to approve the Agenda as amended, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. o APPROVAL OF MINUTES: Mr. Costin moved to approve the Minutes of the Regular Meeting of May 20, 2003, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote. 6. PROCLAMATIONS: 6.A. Recognizing and Commending Autobahn Motors. Mayor Perlman read and presented a proclamation hereby recognizing and commending Autobahn Motors for their tremendous gift to the City of Delray Beach and effort in striving for excellence to continue to produce thousands of satisfied customers. Rick Cortese came forward to accept the Autobahn Motors proclamation. 6.B. Recognizing Student Ambassadors: Linda Du~ Noah Garbarino~ Allison Lalane~ Eva Luo and Jessica Pisano Mayor Perlman read and presented a proclamation hereby recognizing and commending Linda Du, Noah Garbarino, Allison LaLane, Eva Luo and Jessica Pisano as Student Ambassadors representing both the City of Delray Beach and the Student Body of Atlantic High School. 6.C. Recognizing and Commending Robert Banquer Mayor Perlman read and presented a proclamation hereby recognizing and commending Robert Banquer (Volunteer) for his unselfish and superior effort and achievements in the area of volunteerism. Robert Banquer came forward to accept the proclamation. 6.D. Recognizing and Commending Mary Lee Keys Mayor Perlman read and presented a proclamation hereby wishing Mary Lee Keys a very Happy Belated 102nd Birthday and further recognize and congratulate her on her many achievements and diligent service to others and wish her the best of health and happiness. Ruth Pompey came forward to accept the proclamation for her mother and thanked Rosetta Rolle and the City Commission for this recognition. PRESENTATIONS: 7.A. Greater Delray Beach Chamber of Commerce - Delray Affair Lynn H. Bialakis, Director of Special Events/Greater Delray Beach Chamber of Commerce, thanked the City of Delray Beach, the Mayor and the City Commission for their support. Ms. Bialakis stated the 41st Annual Delray Affair was held on April 25-27, 2003 and despite some rain the attendance was still good. Ms. Bialakis also thanked the City Manager's office, Robert Barcinski (Assistant City Manager), the Public Safety, Police & Fire, Public Works, Streets, and Building Maintenance as well as the Parks and Recreation Department for their help. In addition, Ms. Bialakis recognized and thanked Bonnie Brow, Committee Chair for Special Events and presented Mayor Perlman with a signed commemorative print of the 41st Annual Delray Affair. -2- 06/03/03 7.B. Pine Grove Elementary School - Janet Meeks Janet Meeks, Education Coordinator, stated this is to recognize Pine Grove Elementary School for its significant gains in FCAT scores. Mrs. Meeks introduced Carole Shetler, Area I Superintendent for the Palm Beach County School District and Dr. Janice Cover, Principal of Pine Grove Elementary School. Mayor Perlman read a statement into the record and both Ms. Shetler and Ms. Cover came forward to thank the Commission for their support. CONSENT AGENDA: City Manager Recommends Approval. 8.a. FINAL SUBDIVISION PLAT APPROVAL/LAKEVIEW APARTMENTS: Approve the boundary plat for Lakeview Apartments, located along the east side of S.W. l0th Avenue, south of Linton Boulevard. 8.B. FINAL SUBDIVISION PLAT APPROVAL/VILLAGE GRANDE: Approve the boundary plat for Village Grande, located on the east side of N.E. 4th Avenue between East Atlantic Avenue and N.E. 1st Street. 8.C. CONSENT TO ASSIGNMENT/GRUBBS EMERGENCY SERVICES, L.L.C.: Approve Consent to Assignment with Grubbs Emergency Services, L.L.C. which will acquire the City's contract for disaster recovery services. 8.D. CONSENT TO ASSIGNMENT/ALLIED RECEIVABLES FUNDING, INC.: Approve Consent to Assignment with Allied Receivables Funding, Inc., which will acquire the City's accounts receivables payments for the collection of solid waste, vegetative waste, and recycling. 8.E. ACCEPTANCE OF EASEMENT DEED/ST. MARY'S ANGLICAN CHURCH: Approve and accept an easement deed from St. Mary's Anglican Church granting to the City the means to install/maintain a reclaimed water transmission main and this easement will provide access from the Golf Course to Homewood Boulevard. The City will pay the church $1,500.00. Funding is available from 441-5181-536-63.95 (Reuse Water System). 8.F. ACCEPTANCE OF A RIGHT-OF-WAY DEED/HENRY GARDNER: Approve and accept a right-of-way deed with Mr. Henry Gardner for a portion of N.W. 5th Avenue and the adjacent sidewalk currently located on his property. 8.G. CHANGE ORDER NO. 2/FINAL PAYMENT/JOHNSON-DAVIS, INC.: Approve Change Order No. 2 in the amount of a $44,014.00 decrease, and final payment in the amount of $14,293.11 to Johnson-Davis, Inc. for the LWDD L-33 Canal Box Culvert Project. Funding is available from 334-6120-519-63.90 (New High School Site/Other Improvements) and 442-5178-536-63.50 (Water Mains). 8.H. LANDSCAPE MAINTENANCE AGREEMENT/BOCA DELRAY ANIMAL HOSPITAL: Approve a landscape maintenance agreement between the City of Delray Beach and Boca Delray Animal Hospital for the installation of landscaping within the Jefferson Road right-of-way. -3- 06/03/03 8.1. SPECIAL EVENT REQUEST/SUMMER NIGHTS: Approve a special event request for the Summer Nights on the Avenue 2003 program, including temporary use permit per LDR Section 2.4.6(H) for use of City property and right-of-way at various locations, 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 50% of overtime costs exceeding $5,000.00; contingent upon receipt of the hold harmless agreement and certificate of insurance. 8.J. SPECIAL EVENT REQUEST/ART & JAZZ ON THE AVENUE: Approve and endorse the Art & Jazz on the Avenue scheduled for June 26, 2003 from 6:00 p.m. to 10:00 p.m., granting a temporary use permit per LDR Section 2.4.6(H) for the closure of Atlantic Avenue from Swinton to N.E. 7th Avenue, the south side of Atlantic Avenue from N.E. 7th Avenue to just past the Blue Anchor Pub, Railroad Drive from Atlantic Avenue to N.E. 1st Street, N.E. 2nd Avenue from Atlantic Avenue to N.E. 2nd Street, and authorize staff support for security and traffic control, banner hanging and removal, barricade set-up/removal, trash removal and clean up, and use/set-up of City stages with an overtime cap of $6,500. 8.K. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period May 19, 2003 through May 30, 2003. 8.L. AWARD OF BIDS AND CONTRACTS: Contract award to Aquifer Maintenance and Performance Systems in the amount of $32,094.50 for the Rehabilitation of Production Well #22. Funding is available from 442-5178-536-46.90 (Other Repair & Maintenance). Purchase award to Otto Industries Systems in the amount of $23,988.00 for the purchase of garbage carts with lids as a sole source purchase. Funding is available from 433-3711-534-49.35 (Sanitation/Cart Renewal and Replacement). Contract award to Hardrives, Inc. in the amount of $109,545.00 for the paving of roads within the City Cemetery. Funding is available from 334- 6111-519-63.90 (Cemetery Expansion). Bid award to Motorola in the amount of $111,052.45 for the equipment, engineering, installation, and programming of the two (2) channel expansion of the 800 MHz public safety radio system. Funding is available from 115-2112-521-49.90 (Police Department Federal Forfeiture Account). Mr. Levinson moved to approve the Consent agenda, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item 9.B. of the Regular Agenda. -4- 06/03/03 9. REGULAR AGENDA: 9.B. ADOPTION OF THE SOUTHWEST NEIGHBORHOOD REDEVELOPMENT PLAN: Approve and adopt the Southwest Neighborhood Redevelopment Plan. Paul Dorling, Director of Planning and Zoning, stated the Southwest Neighborhood Redevelopment Plan is divided into five sub areas these being the Northwest Quadrant, Frog Alley, Village Center, the Industrial Corridor, and the Infill Area. Mr. Dorling stated the Plan includes several general recommendations which are outlined in the Planning and Zoning Staff Report and most are consistent with the direction in most redevelopment plans. Mr. Dorling stated there are some unique recommendations associated with this Plan and these are contained in Roman Numeral X (Key Findings) of the Southwest Area Neighborhood Redevelopment Plan. Mr. Dorling stated the DDA reviewed the Southwest Neighborhood Redevelopment Plan at its meeting of April 16, 2003, and recommended approval, the CRA reviewed the Plan at its meeting of January 23, 2003, and recommended approval, WARC reviewed the Plan at its meeting of April 9, 2003, and recommended approval and at its meeting of May 19, 2003, the Planning and Zoning Board reviewed the Plan and unanimously recommended approval. Mr. Dorling stated if the Plan is approved this evening by the City Commission, there would be follow-up Comprehensive Plan Amendments and LDR Amendments which would be forthcoming in addition to a general policy amendment. Chuck Ridley, 137 S.W. 12th Avenue, Delray Beach, gave a brief overview of the history of the Southwest Neighborhood Redevelopment Plan. Mr. Ridley stated another event that happened was MAD DADS led a community planning process that looked at social services and one of the things that came out of this plan was the need for a neighborhood school and noted that it was fortunate to have Village Academy. Mr. Ridley stated approximately 2000/2001 they became engaged with the Implementation process and they were able to receive monies from the MacArthur Foundation. Mr. Ridley noted that there were several stipulations one being that the Implementation Steering Committee would work with the residents. At that time only the southwest section was looked at to see how they would integrate the economic opportunity that would come out of the Downtown Development Plan with the residents who live next to it. Mr. Ridley a group of residents got together and created the Management Team and selected a consultant to help them put together a process of how they would oversee the visioning process and how they could get this information out to the community. A process that would take all of the components "Livability Strategies" and then bring them into a document that would allow the residents to work with other stakeholders to begin to guide and design what would make this neighborhood better. Joe Gray, Consultant with JEG Associates, briefly explained the Southwest Neighborhood Redevelopment Plan. -5- 06/03/03 Mr. Levinson commended Mr. Gray for doing a fantastic job and he feels the Southwest Neighborhood Redevelopment Plan has turned out spectacular. Mr. Costin asked if there is any approval processes that the city is relinquishing to the Management Team contained in the Plan, and if so, what are they and how will they impact the city? In response, Mr. Gray stated there are no approval authorities implicit in the Plan. In addition, Mr. Costin expressed concern over one of the provisions to levy ad valorem taxes on page 96 of the Plan with regard to the 2 mills and stated he is concerned that this authority is in an entity other than the city government. With regard to the provision of authorization of a local government neighborhood improvement district to levy an ad valorem tax on real and personal property, Mr. Levinson asked for clarification regarding page 96 and asked if this is a possibility and not a recommendation. Mr. Gray stated these are options or tools the city can use to implement the Plan and noted that by adopting the Plan it will not create a safe neighborhood district. Mr. Costin stated he approves of the goals for the Southwest Neighborhood Redevelopment Plan. However, Mr. Costin reiterated he feels the implementation and assessment of any ad valorem taxes should be retained by the city government itself rather than a separate entity. Mayor Perlman stated he too shares similar concerns expressed by Mr. Costin. However, Mayor Perlman stated he sees this as a menu of things to look at to help finance (i.e. an option and not a specific recommendation). The City Manager stated there are several ways of setting up a safe neighborhood district if the Commission wishes to do so. Under one of the scenarios, the enabling Statute outlines that the City Commission would levy the tax if they chose to do so. The City Manager stated under others, there would be a governing body for the district itself and commented this would all be addressed at a later date. Mrs. Archer asked for clarification that if the Commission were to approve the Plan, they would not be approving the individual methods but would simply be accepting the various layouts in the neighborhoods that have been worked out with the community. In response, Mr. Gray stated the Plan was intended to be a conceptual plan. Prior to the vote, Mayor Perlman commended Mr. Gray and the Management Team for the hard work they have done and Mayor Perlman stated he likes the conceptual nature of the Plan. Ms. McCarthy stated she feels this is an awesome Plan because of the people who made it a reality. Ms. McCarthy thanked Mr. Gray and the Management Team for their hard work. Mrs. Archer stated this is one of the first times that we have been able to see a community work with the city to come up with something the neighborhood really wants and for their interest for setting goals. Mrs. Archer stated she would like to applaud the Management -6- 06/03/03 Team for all their time and effort. Mr. Costin stated he had the opportunity to attend several meetings as well and commented that he was very impressed with the participation of the people who were in attendance. Ms. McCarthy moved to accept the Southwest Neighborhood Redevelopment Plan, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:10 p.m., the City Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 15-03 (SECOND READING/SECOND PUBLIC HEARING): An ordinance amending Ordinance No. 7-03 amending Chapter 4, "Zoning Regulations", of the Land Development Regulations by amending Section 4.4.9 (G)(2), "North Federal Highway Overlay District" to add self service storage facilities as a conditional use and provide specific regulations, LDR Section 4.4.9 (G)(2)(c), for these facilities. Prior to consideration of passage of this ordinance on Second Reading/Second Public Hearing, a Public Hearing has been scheduled to be held at this time (Quasi-Judicial Hearing) The caption of Ordinance No. 15-03 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 7-03, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING CHAPTER FOUR, "ZONING REGULATIONS", ARTICLE 4.4, "BASE ZONING DISTRICT", SECTION 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT", SUBSECTION (G)(2), "NORTH FEDERAL HIGHWAY OVERLAY DISTRICT", TO ADD SELF SERVICE STORAGE FACILITIES AND ADDING SUB SECTION (c) PROVIDING SUPPLEMENTAL REGULATIONS FOR SELF SERVICE STORAGE FACILITIES; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 15-03 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 -7- 06/03/03 Charter of the City of Delray Beach, Florida. Mayor Perlman read into the record the City of Delray Beach procedures for Quasi-Judicial Hearings. Mayor Perlman asked the Commission to disclose any ex parte contacts. Mr. Levinson stated he met with Anthony Pugliese, Meryl Stumberger, Bradley Miller and Michael Weiner. Ms. McCarthy stated she also met with Anthony Pugliese, Meryl Stumberger, and Michael Weiner. Mayor Perlman stated he met with Mr. Weiner, Mr. Pugliese, Ms. Stumberger, and Bradley Miller. Mr. Costin stated he too met with Mr. Weiner, Mr. Pugliese, Ms. Stumberger, and Bradley Miller. Mrs. Archer stated she met with Anthony Publiese, Meryl Stumberger, Bradley Miller, and Michael Weiner. The City Clerk swore in those individuals who wished to give testimony on this item. Paul Dorling, Director of Planning and Zoning, entered the documents in the City Commission packets into the record, the APA Parking Standards, as well as the Trip Generation Volume 1 of 3. Mr. Dorling stated Ordinance No. 7-03 allows self service storage facilities as a permitted use in the North Federal Highway Overlay District was adopted on April 15, 2003, with direction to staff to review the parking requirements which at that time were proposed as zero spaces. Staff reviewed the National Parking Requirements from the American Planning Association (APA) and recommends that the parking requirements be based on the number of units versus some of the other methods because this is more characteristic of addressing the actually impacts of those units. Mr. Dorling stated the parking requirements from several self service storage facilities from several municipalities were obtained which ranged from 1 space per 5 storage units to 1 space per 100 storage units as identified in the City Commission documentation. Mr. Dorling stated staff chose 1 space per 50 units as a starting point and then went to the 6th edition of the Institute for Traffic Engineers Manual for this type of use and took the peak hour of both weekend days (Saturday & Sunday) to look at the worst case scenario of people that may come to the facility in a one hour period. Mr. Dorling stated the worst case scenario is a Saturday Peak Hour would generate approximately 48 total trips per hour. Mr. Dorling stated given the 48 and assuming that people have to park and walk to their units, staff felt it was reasonable to assume an average rate of one half hour for somebody parking would be a number that could be used. Mr. Dorling stated the 24 spaces required with this facility would accommodate the 48 total trips per hour. Mr. Dorling stated staff feels the provision of 1 space per 50 storage units appears reasonable. Michael Weiner, Attorney representing the applicant, stated the ordinance was passed keeping in mind the needs of the Federal Highway Corridor in particular the properties between Dixie Highway and Federal Highway. Mr. Weiner stated the Pugliese Company owns the property located at 2512 North Federal Highway and would be developing its property under this ordinance. Mr. Weiner stated he agrees with staff that the appropriate measurement of the parking for self service storage should be based on the number of units and not on square -8- 06/03/03 footage. However, Mr. Weiner stated the applicant disagrees with staff on the number of spaces that should be devoted to self storage. Staff would like to see 1 per 50 units whereas the applicant feels the appropriate and proper amount should be 1 per 100 units. Mr. Weiner emphasized that the parking ratio on self storage is the only disagreement and explained that the applicant meets all the parking code requirements for retail uses, office warehouse uses, and open space. Bradley D. Miller, 298 Pineapple Grove Way, Delray Beach (Miller Land Planning & Consultants, Inc.), stated the original proposal had a minimum of two loading spaces and this has been changed. Mr. Miller stated they have increased the parking to nine total spaces which includes five loading spaces. Mr. Miller stated in the self storage component they first indicated that there would be 1200 units which are what the staff report is referring to but actually they will be closer to 900 units. Mr. Miller stated staff is suggesting the parking ratio 1 per 50 bays and Palm Beach County indicates 1 per 200 bays. Mr. Miller stated other municipalities were looked at including Jupiter which is 1 per 100 bays plus the loading bays Lake Park is 1 per 200 bays plus employees and leasing office space, Royal Palm Beach is at 1 per 100 bays with two spaces of parking spaces and employment. Mr. Miller stated he feels there is more of a demand for the 1 per 200 rates as opposed to the 1 per 50 that is being proposed by staff. Mr. Miller stated they have made their plan work at 1 per 100 (for the self storage component of the project) and it meets the criteria. John Mullholland stated he has found in the multi-story a 1 space to 100 units ratio is more than acceptable and is quite adequate for the use. Mr. Mullholland stated he feels the standards both for traffic and from the local ordinances are generalized statistics. Mr. Weiner stated the ordinance for the County is 1 space to 200 units. Mr. Weiner urged the Commission to modify the ordinance so that it is 1 space to 100 units and reiterated that there is no other disagreement with respect to the ordinance and therefore the applicant requests approval. Mayor Pearlman declared the public hearing open. McCall Credle-Rosenthal, 817 North Lake Avenue, Delray Beach, (President of the La Hacienda Homeowners' Association) expressed concern that there is a great need for retail space in this area and is very much in favor of the building. Rebecca Balian, 823 North Lake Avenue, Delray Beach, stated she has seen city grow very quickly and she feels the neighborhood is turning and evolving into something very nice. She stated she would like to see an "antique row" brought to the area to help bring charm and character to the city rather than bringing more industrial to the area. Lane Carlee, 734 South Lake Avenue, Delray Beach, stated when estates go in it is difficult to get the items out because the consumer has to pay to have the items taken out of the storage and taken where the 18-wheeler can park. Ms. Carlee stated this was an unpleasant experience she has had with regard to storage. Ms. Carlee stated she feels the building is lovely. However, Ms. Carlee stated in March 1999 a Redevelopment Plan was made for North Federal -9- 06/03/03 Highway and she feels the area is now being divided with the city. She expressed concern that the North Federal Highway Redevelopment Plan is not being followed through. There being no one else who wished to address the Commission regarding Ordinance No. 15-03, the public hearing was closed. With regard to Mr. Weiner's statement that staff is in agreement on all counts except for the parking demand, Mr. Dorling stated this is not accurate. Mr. Dorling stated staff continues to have issues with respect to the location of parking and the fact that staff has introduced this type of use is problematic in meeting that requirement. Mr. Dorling stated parking cannot be put behind a minimal depth of commercial because there is 130,000 square feet of self storage. In addition, staff continues to have concerns about the location of the parking spaces that are being provided now. With regard to a comment about the retail uses becoming vacant during the weekend, Mr. Dorling stated this is unfortunate because this is a redevelopment area where activity is wanted. Mr. Miller stated the 48 trips actual means 24 cars because you count one trip in and one trip out. Mr. Weiner stated Mr. Dorling expressed concerns over site plan issues and these will be addressed at a later date. Mr. Weiner stated this will only happen for a couple of hours on Saturday and commented even with staff's numbers of 1 to 100 meets it. Mr. Weiner urged the Commission to vote in favor of this project. Prior to the vote, Mrs. Archer stated in voting this ordinance down she is not opposed to some of the items that have been presented and would like to see the revised ordinance resubmitted. Mrs. Archer stated she would like to see the ordinance come back with some adjustments in the number. Mrs. Archer stated she feels this is a very creative use of storage for the area. Mrs. Archer stated the uneven setback is attractive and overall feels the building is architecturally beautiful. Mrs. Archer stated she does not see that there will be a major problem with 1 space to 100 storage units for self storage and commented whether the parking layout is affective is open for discussion. Mrs. Archer reiterated that she would like to see this ordinance come back with a reduction in the parking requirement for self storage. Mr. Costin stated the concerns the Commission expressed previously was that the Commission wanted to see the parking maximized. Mr. Costin stated he would like to see a compromise between staff's recommendation of 1 space per 50 units and the applicant's recommendation of 1 space per 100 units. Mr. Costin suggested that there be a compromise made of 1 space per 75 units in an effort to help resolve this matter. Mayor Perlman stated he is very comfortable at 1 space per 100 units and he does not want to compromise the architectural elements. Mayor Perlman stated this is a major enhancement to the area and he feels it will improve the other uses going in this area. Ms. McCarthy stated she does not feel there is not a need for additional parking and commented that 1 space to 100 units is adequate for this type of facility. -10- 06/03/03 Mr. Levinson moved to adopt Ordinance No. 15-03, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Perlman - No; Mr. Costin - No; Mrs. Archer - No; Mr. Levinson - No; Ms. McCarthy - No. Said motion denied Ordinance No. 15- 03 with a 5 to 0 vote. 10.B. RESOLUTION NO. 37-03: Consider approval of Resolution No. 37-03 transferring two lots to Habitat for Humanity of South Palm Beach County to be utilized for affordable housing. Prior to consideration of passage of this resolution, a public hearing has been scheduled to be held at this time. The caption of Resolution No. 37-03 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO TRANSFER REAL PROPERTY IN THE CITY OF DELRAY BEACH, WHICH PROPERTY IS LOCATED AT THE NW CORNER OF COLLINS AVENUE AND MIAMI BOULEVARD, AS MORE PARTICULARLY DESCRIBED HREIN, TO HABITAT FOR HUMANITY OF SOUTH PALM BEACH COUNTY, INC. TO BE UTILIZED FOR AFFORDABLE HOUSING. (The official copy of Resolution No. 37-03 is on file in the City Clerk's office.) The City Attorney stated this is a resolution authorizing the transfer of property (two lots within Silver Terrace) to Habitat for Humanity of South Palm Beach County by September 30, 2004. Mayor Perlman declared the public hearing open. There being no one who wished to address the Commission regarding Resolution No. 37-03, the public hearing was closed. Mr. Costin moved to approve Resolution No. 37-03, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item ll.A. Comments and Inquiries on Non-Agenda Items from the City Manager. ll.A. City Manager's response to prior public comments and inquiries. With regard to prior comments expressed by several residents from Delray Shores and Sudan about traffic and other issues regarding the relocation of Atlantic High School, the City Manager stated City staff is in the process of setting up a meeting with these neighborhoods to discuss these issues with the residents and will have representatives of the Palm Beach County School District and City staff there to review what we can expect regarding traffic in their neighborhoods. -11- 06/03/03 With regard to a complaint about a vacant lot owned by the CRA in the northwest section of the city, Mr. Harden stated the city issued a violation to the CRA for not mowing the lawn. However, the City Manager stated the City of Delray Beach has now taken ownership of the property and it was mowed on May 27th. With regard to a prior concern expressed about the speeding on Lake Ida Road, the City Manager stated the city is taking aggressive enforcement measures. The City Manager stated there have been 58 selective enforcement actions and over 1,000 citations have been issued. Mr. Levinson asked if it would be possible to analyze the 1,000 addresses of the people who received citations. In response, the City Manager stated he will look into this and try to obtain the information for Mr. Levinson. At this point, the Commission moved to Item ll.B. Comments and Inquiries on Non-Agenda Items from the Public. 11.B. From the Public. None. At this point, the Commission moved back to Item 9.C. of the Regular Agenda. 9.C. REQUEST FOR IN-LIEU PARKING SPACES/Ill EAST ATLANTIC AVENUE: Consider a request by Craige's Furniture for the purchase of nine (9) in-lieu parking spaces in the amount of $108,000.00. Craige's Furniture is located at 111 East Atlantic Avenue. (Quasi-Judicial Hearing) Mayor Perlman read into the record the City of Delray Beach procedures for Quasi-Judicial Hearings. Mayor Perlman asked the Commission to disclose any ex parte contacts. Mr. Levinson stated he has had conversations with Billy Himmelrich, David Hosokawa, Michael Weiner, Bernie Dahlem, and Nancy Lierle. Mayor Perlman stated he has had conversations with Mr. Dahlem, Howard Ellingsworth, Dr. Jay Alperin, Paul Dorling and Jeff Costello. Mr. Costin stated he received communication from Dr. Jay Alperin and has had discussions with Bernie Dahlem, Nancy Lierle, Joe Gillie, Bruce Gimmy, Howard Ellingsworth, and Tom Murphy. Mrs. Archer stated she has had conversations with all of the above mentioned with the exception of Nancy Lierle. Ms. McCarthy stated she had no ex parte contacts to disclose. The City Clerk swore in those individuals who wished to give testimony on this item. Paul Dorling, Director of Planning and Zoning, entered into the record the Planning and Zoning Department project file #2003-162. -12- 06/03/03 Mr. Dorling stated Craig's Furniture is located at 111 East Atlantic Avenue and is a two-story structure totaling 13,276 square feet of retail space. A Class II Site Plan Modification has been submitted proposing the conversion of 3,458 square feet of retail space to restaurant use. The parking for the existing 3,458 square feet of retail requires 12 parking spaces and the conversion to a restaurant would require 22 parking spaces (a difference of ten spaces). The applicant is requesting the purchase of nine in-lieu parking spaces at a cost of $12,000 each, totaling $108,000 to be paid in full at the time of submission of a building permit application with the one additional handicap space added in the former loading area. At its meeting of April 22, 2003 the Parking Management Advisory Board considered this request and recommended approval of the applicant's request with a 5 to 2 vote (Dahlem and Lewis dissenting). There was reconsideration by one of the members who voted in the affirmative and it was considered at the Parking Management Advisory Board of May 27, 2003. After significant discussion, the results of this reconsideration was approved with a 5 to 4 vote. Mayor Perlman stated there had been an inquiry about whether or not he had a conflict of interest regarding this particular item and asked for direction from the City Attorney. In response, the City Attorney stated staff has checked with the Commission on Ethics in Tallahassee as well as their own independent review. The City Attorney stated she does not believe there would be a conflict voting or otherwise due to the fact that Diane Colonna is Mayor Perlman' s wife. Michael Weiner, Attorney representing DHBH, Inc. (Craig's Furniture), stated they are the landowners for Angelo's Restaurant (tenant) who has signed a lease for this particular space with the landlord to open up a restaurant. Mr. Weiner stated the applicant is proceeding with an application for an in-lieu parking fee and they wish to reserve all rights. Mr. Weiner stated they do wish to move forward with respect to revitalization of Atlantic Avenue and the forward movement of process in Delray Beach. Mr. Weiner stated his client is proceeding under Section 4.6.9 of the Land Development Regulations regarding the in-lieu parking fee. Mr. Weiner read the following from the ordinance into the record "if it is impossible or inappropriate to provide the required number of on-site or off-site parking spaces the City Commission may approve the payment of the fee at lieu provided that such parking requirement is pursuant to the following provisions ...."Mr. Weiner stated the applicant is doing whatever he can to help the parking problem. George Brewer, George Brewer Architect, 85 S.E. 4th Avenue, Delray Beach, explained that the rear of the building was a loading zone and there was an overhead door. Mr. Brewer stated the proposal includes omitting the overhead door and in its place they were able to accommodate an additional parking space. In addition, Mr. Brewer stated they have added the required handicap space and added green space in the rear of the building to comply with the city ordinance. Billy Himmelrich, stated he first heard from George Brewer at a Technical Advisory Committee Meeting that the city stated he could proceed and lease the space out as a restaurant without any additional parking requirements. However, Mr. Himmelrich stated this -13- 06/03/03 was changed and noted they have been able to access a large amount of parking to supplement through a valet service. Mr. Himmelrich stated he feels the process has been a difficult experience. Mr. Weiner stated with respect to parking there is actually more than 1,250 public spaces and according to the city's records the city has sold 90 in-lieu parking spaces. Mr. Weiner stated he feels they have met the burden of proof and urged the Commission to vote in favor of the in-lieu of the parking fee. Michael Listick, Attorney speaking on behalf of the tenant Angelo's on Mulberry Street Restaurant in Fort Lauderdale, stated this is a world famous restaurant which draws a very high clientele. Mr. Listick stated the owner of the restaurant lives in Delray Beach and explained the parking issue in the downtown area to him. Mr. Listick stated he feels to have a restaurant like this is great for Atlantic Avenue and emphasized the downtown is going to need more parking in the future. Mayor Perlman declared the Quasi-Judicial Hearing open. Bruce Gimmy, 439 East Atlantic Avenue, Delray Beach resident, stated more than a decade ago he was disturbed that no one was concerned with downtown parking. Mr. Gimmy stated Mr. Brown started the parking study committee which consisted of the CRA, the subsequent Parking Management Team, and the Parking Management Advisory Board. Mr. Gimmy stated Mr. Brown's expert advice about parking issues and solutions, new consultants and reports forced Board members and himself to change misconceptions about parking. Bernie Dahlem, 622 Seasage Drive, Delray Beach, stated Craig's Furniture is part of the premiere section of downtown Delray Beach, (Atlantic Avenue from Swinton Avenue to southbound Federal Highway). Mr. Dahlem stated the issue is more then the purchase of nine in- lieu parking spaces but is the demand impact of 32 additional spaces that will be needed somewhere to support the area being converted to restaurant use. Mr. Dahlem stated parking in the subject area is not sufficient to support what is there now and commented that although the parking demand has increased the supply has not. Joe Gillie, Executive Director of Old School Square (51 N. Swinton Avenue), Delray Beach, stated Old School Square feels it is imperative that several important factors be kept in mind while reviewing this request. Mr. Gillie stated Old School Square has worked with the owners of this request with regard to parking issues as well as development issues. Mr. Gillie stated Old School Square has constantly held open forums and included a cross section of community and business leaders to study the growth of Old School Square and its importance to the downtown vitality. Mr. Gillie stated the addition of any businesses in this area will affect the parking at Old School Square and suggested that a moratorium be placed on the in-lieu parking request until there are concrete plans for the short term solutions for not only Old School Square but for the surrounding businesses as well. Mr. Gillie reiterated that the parking situation is a critical issue. -14- 06/03/03 Chris Brown, speaking as a resident, stated he disagrees with the suggestion expressed by Mr. Gillie about placing a moratorium on the in-lieu parking. Mr. Brown stated he feels this is not economic development but rather anti-development. Mr. Brown stated he feels we are in the business of providing services and should take the money from the applicant and put it in the parking fund and build more parking. Mr. Brown stated the city should not stop growth but deal with growth and he feels the one way to do deal with growth is to get the parking garage built. Furthermore, Mr. Brown urged the Commission to consider this application. Alice Finst, 707 Place Tavant, Delray Beach, stated it was her understanding that different types of zoning, buildings, and uses have spaces assigned to them by footage and usage. Mrs. Finst stated the in-lieu parking is creating phantom parking spaces and suggested that the city limit the usage and cut back on how much parking is actually needed in this building and in other buildings that are coming before the Commission for in-lieu parking. Mrs. Finst stated it has gotten to the point where you cannot walk downtown and she suggested this project be done in phases to accommodate the actual existing parking and then look at what comes next. Albert Michaels, 1010 N.E. 8th Avenue, Delray Beach, stated he is speaking as a citizen and stated he has worked in some of the restaurants and has been a patron of some of the places on Atlantic Avenue. Mr. Michaels emphasized the word "may" in the ordinance and stated this is the most important word in the ordinance. Mr. Michaels stated it goes on to read "in the best interest of Delray Beach". Mr. Michaels stated many cities such as West Palm Beach, some areas of Boca, and other areas in the country have lost that quaint feel which Delray Beach still has. John Erkert, 4970 Sherwood Forest Drive, Delray Beach, stated he has been a resident of Delray Beach for 13 years and has been in the restaurant business his entire life. Mr. Erkert stated the in-lieu parking is going to create more parking problems and feels the city is in need of actual parking spaces not spaces that are paid for. There being no one else from the public who wished to address the Commission regarding the in-lieu parking request, the public hearing was closed. At this point, City staff and the applicant gave their rebuttal: Mr. Weiner stated at this time he would like to cross-examine Mr. Dahlem. The City Attorney informed Mr. Weiner that he would have to submit his questions through the Chair. Mr. Weiner stated the word "may" does not mean that you have a wide ranging opportunity to go over every situation and stated this sentence in the ordinance is written about if it is inappropriate or impossible. Mr. Weiner stated the best interest of the city is to carry out the ordinances that were duly passed and feels the best interest of the city is to pass this in-lieu parking request. Discussion by the Commission followed. -15- 06/03/03 Mayor Perlman stated Mr. Himmelrich indicated that he was able to arrange for a large amount of parking and asked Mr. Weiner to elaborate on this. Mr. Weiner stated a neighboring landowner outside the 300 feet associated with the Sundy House restaurant does in fact have excess parking that he does not need to count and has put in writing that he would make the parking available to Mr. Himmelrich and Mr. Hosokawa. In addition, Mr. Weiner stated employees would be parked in that area. Mayor Perlman asked approximately how many spaces will be available. The applicant stated there will be double the spaces available then what is required. Mrs. Archer asked how long it will take to open the restaurant. In response, Mr. Listick stated the hope was to get in before season. Mr. Listick stated it would typically be a 4-5 month build-out with their permits which they do not yet have. Mayor Perlman asked if staff has looked at improving the lighting (between Swinton Avenue and l St). In response, Mr. Dorling stated staff has not looked into this with regard to this particular request. However, Mr. Dorling stated there was some discussion about improving the lighting between the City Hall parking lot and Old School Square to get greater utilization of the parking spaces in this area. The City Manager stated the parking on the west side of Swinton Avenue would be closer to events in Old School Square than the parking that is on the east side of the block. The City Manager continued to state if the city can improve the lighting particularly for Old School Square and make it more inviting for people to park there, then this should help. Mayor Perlman stated he believes that a policy decision has been made and explained that the Commission asked the Parking Management Advisory Board several months ago to look at the entire in-lieu system, recently discussed the issue at a Workshop Meeting, adopted some changes suggested by the Parking Management Advisory Board, spent the last few days in Goal Setting where parking was a top priority of staff, residents, and the Commission. Mr. Costin inquired whether the off-site parking is in a contractual form. In response, Mr. Weiner stated at this point there is only a letter agreement between them. Mrs. Archer stated it is her understanding there was no agreement drawn between that property owner and the owner because it was outside the 300 foot limit. Mrs. Archer stated we have a willing tenant who wishes to occupy the building and have made a parking garages(s) a priority as far as the City Commission is considered in addition to the city's code which permits in-lieu fees. Mrs. Archer stated she does not feel the city is in a position to have a moratorium in the downtown and does not feel it is fair to penalize a landowner who is in progress of trying to get something approved by not approving his request at this time. Mrs. Archer stated she supports the in-lieu parking request and resolve the city's parking issue as quickly as we can and direct staff to work out an off-site agreement with the landowner stipulating in excess of 300 feet. Prior to the vote, the City Attorney asked if this would an acceptable condition to the applicant. Mr. Himmelrich stated he has a signed letter from the property owner in-hand who -16- 06/03/03 has a good relationship with his partner and he is confident he can produce a signed agreement. David Hosokawa, stated the off-site parking does not meet the code and asked what guarantee does he have that this will be processed on a timely basis and not be used to hold him up. Mr. Levinson asked if this could be a condition on a CO (Certificate of Occupancy). In response, the City Attorney stated this could be a condition on a CO (Certificate of Occupancy). Mr. Dorling asked what the recourse is if he is unable to this. In response, the City Manager stated he would have to ask for relief or find another location. Mr. Dorling asked for direction from the Commission regarding the parking spaces. The City Attorney stated the parking spaces for as long as the restaurant is in operation. Brief discussion between the Commission and staff followed. After brief discussion, Mrs. Archer moved to approve the nine (9) in-lieu parking spaces which shall be paid in full at the submittal of the building permit; and, as an additional condition, that the applicant will have an Off-site Parking Agreement regarding additional spaces at the time the CO (Certificate of Occupancy) is obtained, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - No. Said motion passed with a 4 to 1 vote. 9.D. RESOLUTION NO. 32-03: Consider approval of the abandonment of a portion of Wallace Drive right-of-way (formerly Germantown Road), located on the west side of S.W. l0th Avenue, between S.W. l0th Street and Wallace Drive. The caption of Resolution No. 32-03 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF WALLACE DRIVE RIGHT- OF-WAY (PREVIOUSLY GERMANTOWN ROAD) LOCATED ON THE WEST SIDE OF S.W. 10TM AVENUE, BETWEEN S.W. 10TM STREET AND WALLACE DRIVE, 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. 32-03 is on file in the City Clerk's office.) At the applicant's request, this item has been removed from the agenda. 9.E. SPECIAL EVENT REQUEST/ANNUAL BED RACE: Consider a request for special event approval for the Annual Bed Race sponsored by Pineapple Grove NP, Inc. to be -17- 06/03/03 held August 30, 2003 and concerts to be held on August 29 and 30, 2003, granting a temporary use permit per LDR Section 2.4.6(H) for the use and closure ofN.E. 2nd Avenue from 4:00 a.m. until 11:00 p.m. on August 30, 2003 and the closure ofN.E. 1st Avenue from the ground of Old School Square to N.E. 1st Street on Friday, August 29, 2003 from 6:00 a.m. until 11:00 p.m. on August 30, 2003; staff support for traffic control and security, EMS assistance, barricade set up/removal, stage set up/removal, trash clean up, and event signage; contingent upon the receipt of a certificate of liability insurance and a hold harmless agreement with a change in the site plan to maintenance a 14' clearance for emergency vehicles. Robert A. Barcinski, Assistant City Manager, stated this is a request for the Commission to endorse the Annual Bed Race scheduled for Friday, August 29, 2003 and Saturday, August 30, 2003 at Old School Square Pavilion. The Bed Race will be held on August 30th sponsored by Pineapple Grove NP, Inc. In addition, the request includes granting a temporary use permit for the closure ofN.E. 2nd Avenue from 4:00 a.m. to 11:00 p.m. on August 30th and the closure ofN.E. 1st Avenue from the northern boundary of the grounds at Old School Square to N.E. 1st Street on Friday, August 29, 2003 from 6:00 a.m. until 11:00 p.m. on August 30th, and to authorize staff support for traffic control and security, EMS assistance, barricade set up and removal, stage set up and removal and trash clean up, and authorize event signage. Mr. Barcinski stated although this is not a new event it is an expanded event. The estimated staff overtime costs for the concerts and bed race are $9,000. Stage and barricade rental costs are estimated to be an additional $1,210. Mr. Barcinski stated since this is being treated as a for-profit with the new policies there would be a 50/50 split of the costs (event sponsor paying 50%). Staff recommends approval contingent on the payment of the overtime, the certificate of insurance, and hold harmless agreement. Mr. Barcinski stated they are requesting a lock-in date for this event (March 5-6, 2004) because they would like to hold the event when it is not so hot. Prior to the vote, Mayor Perlman stated it is exciting to see this event evolve. Nancy Stewart, Executive Director of Pineapple Grove Bed Race, Inc. stated proceeds are in the process of being allocated to go to a scholarship fund for Atlantic High School students. Mr. Costin moved to approve the special event request for the Annual Bed Race sponsored by Pineapple Grove NP, Inc. to be held August 30, 2003, and concerts to be held on August 29 and 30, 2003, temporary use permit for the closures ofN.E. 2nd Avenue and N.E. lst Avenue, the event sponsor paying 50% of the costs; and, including the lock-in date of March 5 & 6, 2004, contingent upon the tennis tournament, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9oFo APPOINTMENT OF OUTSIDE COUNSEL/FLORIDA BLACKTOP V. CITY OF DELRAY BEACH: Consider appointment of Malcolm Cunningham of the Cunningham Law Firm to act as outside counsel for the case of Florida Blacktop, Inc. v. City of Delray Beach at a rate not to exceed $235.00 per hour. -18- 06/03/03 The City Attorney stated she is recommending the appointment of Malcolm Cunningham of the Cunningham Law Firm to act as outside counsel for the case of Florida Blacktop, Inc. v. the City of Delray Beach. Mr. Costin moved to approve the appointment of Malcolm Cunningham as outside counsel for the case of Florida Blacktop, Inc. v. the City of Delray Beach, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 9.G. PROPOSAL FOR SETTLEMENT/STATE FARM v. CITY: Consider acceptance of proposal for settlement subject to the receipt of appropriate releases in the State Farm v. City of Delray Beach case. Staff recommends acceptance. The City Attorney stated the Plaintiff would pay $2,726.71 and the Plaintiff would remit a check to the City for the City's damage in the amount of $1,178.55. The City Attorney explained the checks must be made like this versus an offset. Mr. Levinson moved to approve the proposal for settlement subject to appropriate releases in the State Farm v. the City of Delray Beach, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved back to Item 9.A. of the Regular Agenda. 9.A CONDITIONAL USE REQUEST/WEATHERSPOON CAR WASH: Consider a request for conditional use approval to allow the establishment of a self-serve car wash facility to be known as Weatherspoon Car Wash, located on the west side of North Federal Highway (2210 North Federal Highway), approximately 1,600 feet south of Gulf Stream Boulevard. (Quasi-Judicial Hearing) Mayor Perlman read into the record the City of Delray Beach procedures for Quasi-Judicial Hearings. The City Clerk swore in those individuals who wished to give testimony on this item. Mayor Perlman asked the Commission to disclose any ex parte contacts. Mr. Levinson stated he spoke with Morgan Russell. Mr. Costin stated he had a conversation with Jimmy Weatherspoon. Ms. McCarthy stated she had a conversation with Jimmy Weatherspoon as did Mayor Perlman. Mrs. Archer stated she had no ex parte contacts to disclose. Paul Dorling, Director of Planning and Zoning, stated the development proposal includes the demolition of the existing two commercial buildings on the site and construction of a five (5) bay self-service car wash facility, a 225 square foot related office building, installation of four self-service vacuum lanes, installation of six parking spaces and related landscaping. The hours of operation are proposed to be from 6:00 a.m. to 10:00 p.m. seven days a week. -19- 06/03/03 Mr. Dorling stated there is a billboard located on the site. This is going to be in an area that is going to be dedicated for a roadway which will connect Federal Highway to Dixie Highway which is part of the redevelopment plan. Mr. Dorling stated while it has a four year lease the intent is to allow it to expire and have it ultimately removed. At its meeting of May 19, 2003, the Planning and Zoning Board held a public hearing in conjunction with the request. There were some concerns with the hours of operation and the soundproofing of the vacuum equipment. After reviewing the staff report and discussing the proposal, the Board voted 5-0 to unanimously recommend approval (Morris and Woehlkens absent) of the Conditional Use request, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) of the Land Development Regulations, and policies of the Comprehensive Plan subject to the nine conditions of approval as listed in the City Commission documentation memo. Christopher J. Brown, Urban Planner with Civic Design Associates and Agent for the Applicant (75 N.E. 6th Avenue), Delray Beach, stated Mr. Jimmy Weatherspoon and his brother have owned this car wash on the corner of N.E. 2nd Avenue and N.E. 2nd Street in Pineapple Grove for the last fifteen years which was formerly a gas station. Mr. Brown explained that when he presented Mr. Weatherspoon with a drawing of the mixed use project next store to his car wash it became very clear that the neighborhood was beginning to change and becoming much less commercial. Mr. Brown stated Mr. Weatherspoon and his brother then decided they would entertain the sale of their car wash on the condition that he could find a suitable location in a much more commercial area. Mr. Brown stated this is a use that is permitted in the General Commercial area but by conditional use approval. Jimmy Weatherspoon, 130 N.W. 8th Avenue, Delray Beach, stated the vacuum cleaners are designed to be quiet and not generate too much noise within 25 feet or more. With regard to the landscaping, Mr. Weatherspoon stated he is a native of this area and is concerned about the landscaping and the aesthetics of the building and wants to be in compliance with the code. With regard to safety and security, Mr. Weatherspoon stated there are self service car washes throughout the County and State which have open bays and noted that the landscaping can be done in a manner of good taste and yet provide the adequate buffering. Mr. Weatherspoon stated car washes of this nature are open 24-hours but this does not mean that someone is always there using them in that 24-hour period. Mr. Weatherspoon stated typically after about 11:00 p.m. during the weekdays there is very little usage. Mr. Weatherspoon stated industry standards are that the car wash be open 24-hours and explained that there is no lock down mode. Mr. Brown stated the majority of Mr. Weatherspoon's clients come in between the hours of 6:00 a.m. - 10:00 p.m. and an occasional customer may come to the car wash after 10:00 p.m. and emphasized he does not want to be considered a 24-hour service. Lane Carlee, 734 South Lake Avenue, Delray Beach, stated she feels a car wash is a nice idea. However, Ms. Carlee stated this is not what seemed to be the vision she expected for the North Federal Highway Redevelopment Plan. Ms. Carlee stated we have a wonderful town and emphasized that she does not want the North Federal Highway Plan from four years ago to be forgotten. Ms. Carlee stated the sign "Welcome to Delray Beach" splits S.E. 5th Avenue and S.E. 6th Avenue (Federal Highway) and noted that the sign has stayed here even though in the -20- 06/03/03 North Federal Highway Redevelopment Plan they asked that the sign be moved back to be the gateway of Delray Beach which is North Federal Highway. McCall Credle-Rosenthal, 817 North Lake Avenue, Delray Beach, stated this is a classic example of a project that is not needed for the neighborhood and commented that there are already many automobile related projects along North Federal Highway. Ms. Credle- Rosenthal stated there is a need for retail shops and pretty buildings. Ms. Credle-Rosenthal stated she feels this project will not work because there are already enough car washes in the area. Rebecca Balian, 823 North Lake Avenue, Delray Beach, stated she has a very cute home and stated when she has guests visiting from out of town she brings them to her home by Atlantic Avenue because she feels the area is an eyesore as one travels north towards that area. Ms. Balian stated she would like to see the character brought to this area and commented that the area is industrial and not enticing. Ms. Balian stated there is plenty of parking on the side of the road, car lots, and two car washes already. Ms. Balian suggested that new things be introduced into the area (i.e. "antique row") or something more aesthetically pleasing. Ms. Balian stated if a business is open 24-hours she feels this attracts "odd" traffic and she would like to see this area look more like Pineapple Grove. Greg Fry, resident from Sarasota & employed with a design company, entered pictures into the record and stated they have won approximately ten awards for car wash beautification. In addition, Mr. Fry stated in Las Vegas they won an award for five facilities that were developed in the last year. Mr. Fry continued to state that these facilities are up scale and he feels this is a needed use in the area and overall feels they are providing a neighborhood service to the community. At this point, the Director of Planning and Zoning gave his rebuttal: Mr. Dorling stated there was discussion about vacuum cleaner issues and increased landscaping. Planning and Zoning discussed these items in detail and did agree on the attached as a conditional approval that the applicant needs to submit specifications with regard to the vacuum cleaners to verify that there are no issues. With respect to the landscaping, Mr. Dorling stated they required "in excess" of the code for landscape buffering between the road and this facility and that this landscaping was to be consistent. Mr. Dorling stated these items were addressed by Planning and Zoning and were satisfactory to the applicant. With respect to the hours of operation, Mr. Dorling stated included in the conditional use application those were submitted by the applicant and it was reviewed based upon those hours of operation. Mr. Dorling stated if there are different hours of operation then we need to look at whether the Planning and Zoning Board has adequately addressed the conditional use which was before them. Mr. Dorling stated if the hours of operation were to extend past midnight there is an additional level of detail that needs to be applied. Mr. Dorling stated the original conditions of approval need to be applied or that there is some site modification without having to go back to the Planning and Zoning Board. -21- 06/03/03 Mr. Brown stated in terms of the number of car washes in Delray, this is not an additional car wash and noted that this is a car wash which already exists and is only being relocated. Mr. Brown stated the Weatherspoon's feel this would be a very good location and that their customers are very loyal from all over the city. With regard to the issue of industrial, Mr. Brown stated this is in fact in an overlay district which does have a tinge of light industrial character to it. Mr. Brown stated with respect to the hours of operation, the applicant does not want to apply for a 24-hour condition and they stand by the application as it is written. Mr. Brown stated as they go through the site plan process he wants everyone to understand that they would like to provide great landscaping but they also do not want to have something that is not safe for people. Mrs. Archer stated if the Commission proposed to have the power shut down after 12 midnight would this impose a problem to the applicant so that the car wash could not be used unless the applicant came back for 24-hour approval. In response, the applicant stated this would impose a problem. Mrs. Archer stated she appreciates the comments expressed about "odd" traffic along North Federal Highway. However, Mrs. Archer stated this is an area in transition and is confident that none of the "odd" traffic was generated by a car wash and she does not see how a car wash will be detrimental to anything in the area. Furthermore, Mrs. Archer stated she hopes that we would be able to make a charming award winning car wash if possible. Mr. Levinson stated he finds the 24- hour operation troublesome. Mr. Costin stated he goes by the car wash numerous times at its current location and hardly ever hears the vacuum cleaners. Mr. Costin stated he would like to see an effort made to maximize the landscaping in order to appease the neighborhood in the area without sacrificing the security issue. Ms. McCarthy asked the applicant what he is uncomfortable with about the landscaping. In response, the applicant explained the Planning and Zoning Board stated "in excess" of the code. Ms. McCarthy asked if the Planning and Zoning Board explained to the applicant what they deemed "in excess" means. In response, the applicant stated they talked about doing some creative things with the trees. The applicant stated he would like this to be an award winning car wash and he plans to make it as aesthetically pleasing as possible. Ms. McCarthy stated the car wash that exists now is well maintained and she has never seen any problems. However, Ms. McCarthy stated she does not think it is wise to have a 24-hour car wash on a main freeway because she feels it leaves too many unsecured situations that could potentially happen. Brief discussion between the Commission, staff, and the applicant followed. It was the consensus of the Commission to extend the hours of operation until 12:00 midnight and that staff and the applicant work out landscaping issues with regard to the definition of the words "in excess". -22- 06/03/03 Mr. Costin moved to approve the Conditional Use Request to allow the establishment of a self-serve car wash facility to be known as Weatherspoon Car Wash with the exception that the hours of operation be extended until 12:00 p.m., and subject to the nine conditions listed in the City Commission documentation, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 16-03: An ordinance rezoning from AC (Automotive Commercial) to GC (General Commercial) for a 0.759 acre parcel of land located at 909 S.E. 5th Avenue and S.E. 9th Street for Gulf Stream Business Bank. If passed, a quasi-judicial public hearing will be scheduled for June 17, 2003. The caption of Ordinance No. 16-03 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING LAND PRESENTLY ZONED AC (AUTOMOTIVE COMMERCIAL) DISTRICT TO GC (GENERAL COMMERCIAL) DISTRICT; SAID LAND BEING A PARCEL LOCATED AT 909 SE 5TH AVENUE, WHICH IS AT THE SOUTHEAST CORNER OF SE 5TH AVENUE AND SE 9TH STREET, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, SEPTEMBER, 2002"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 16-03 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 2A of the replat of Lot 2 Ninth Street Plaza, which is zoned AC (Automotive Commercial) and contains 0.76 acres. There is an existing 5,758 square foot structure and associated parking located on the property. The proposal is to change the zoning designation of Lot 2A from AC to GC to establish a new financial institution with drive-through facilities for Gulfstream Business Bank and office space. Additional background and an analysis of the request are found in the attached Planning and Zoning Board Staff Report. At its meeting of May 19, 2003, the Planning and Zoning Board held a public hearing in conjunction with the request. The Board voted 5-0 (Morris and Woehlkens absent) to recommend that the request to rezone the property from AC to GC be approved based upon -23- 06/03/03 positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(D)(5) of the Land Development Regulations, and policies of the Comprehensive Plan. Mr. Costin moved to approve Ordinance No. 16-03 on FIRST Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote. 12.B. ORDINANCE NO. 13-03: An ordinance amending the Land Development Regulations Section 2.4.3 (K)(1) to provide for an increase in the development application fees. If passed, a public hearing will be scheduled for June 17, 2003. The caption of Ordinance No. 13-03 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, AMENDING CHAPTER TWO, "ADMINISTRATIVE PROVISIONS", ARTICLE 2.4, "GENERAL PROCEDURES", SECTION 2.4.3, "SUBMISSION REQUIREMENTS", SUBSECTION 2.4.3(K), "FEES", SUB-SUBSECTION 2.4.3 (K)(1), "DEVELOPMENT APPLICATIONS", TO PROVIDE FOR AN INCREASE IN THE DEVELOPMENT APPLICATION FEES CHARGED; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 13-03 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 this amendment is to LDR Section 2.4.3(K)(1) which outlines the current fee schedules for development applications. The current fee schedule was adopted approximately six years ago and no increases in fees have occurred since that time. The Planning and Zoning Department staff has reviewed its land development application fees such as site plans, site plan modifications, rezonings, conditional uses, and other land use actions. Based upon this review, an increase in fees is supported. The increase results in a minimum across the board increase of 10% (except voluntary annexations) plus significant adjustment for processes which are drastically undervalued at this time such as certificates of appropriateness, variances and LDR text amendments. At its meeting of May 19, 2003, he Planning and Zoning Board held a public hearing regarding this item and unanimously recommended approval based upon positive findings with respect to LDR Section 2.4.5(M)(5). Mrs. Archer seconded by Ms. McCarthy. moved to approve Ordinance No. 13-03 on FIRST Reading, Upon roll call the Commission voted as follows: Mr. Levinson - -24- 06/03/03 Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items. 13.A. City Manager. With regard to a concern expressed by Mr. Levinson about working with Chatelaine, the City Manager stated the Strategic Task Team has already begun its work with Rainberry Woods. The City Manager stated the President of Chatelaine Homeowners' Association called and a meeting has been set up for the second week of June. The City Manager stated funds are available on a first come first basis. The City Manager stated staff only has the resources to work with one association at a time. He noted the work that has already been started with Rainberry Woods will be completed first before starting again with Chatelaine. The City Manager announced that on Friday, June 6, 2003, he will be attending a meeting for the Florida League of Cities Urban Administration Committee in Orlando and will be out of the office most of the day. With regard to the parking issue, the City Manager stated he would like to emphasize that the Downtown Plan calls for building on some vacant land, filling in some of the gaps, adding second stories in some places to increase the viability to the downtown area. The City Manager stated this means more parking and noted that the more fees there are will mean less that has to be borne by the taxpayers in building these parking spaces. The City Manager stated he does not agree with the notion that everything should be stopped until we get something built. The City Manager stated he feels there is a general agreement that there is a parking deficiency between Swinton Avenue and the railroad. However, the City Manager stated the analysis is based on taking the code which is written for suburban automobile destinations and applying it and coming up with a number of spaces that does not take into account the shared use that you get with mixed use development (which is what is in the downtown area). The City Manager reiterated that while he does feel there is a general agreement there is a parking deficiency, he does not feel it is nearly as great as what the analysis would seem to indicate. The City Manager also noted that the analysis does not take into consideration the private valet lots which would otherwise not be available. 13.B. City Attorney. The City Attorney had no comments and inquiries on non-agenda items. 13.C. 13.C.1. City Commission. Commissioner Archer Mrs. Archer concurs with comments expressed by the City Manager. -25- 06/03/03 Secondly, Mrs. Archer stated the Leader's Summit and Goal Setting Session were very productive. She thanked the community leaders who participated, the City Attorney, the City Manager and City staff. Mrs. Archer stated overall she is very pleased with the outcome. Mrs. Archer commented about the Transforming Local Government Conference in Plano, Texas and stated the presentation given by Mayor Perlman, Paul Dorling, Ron Haggard, and Lula Butler was superb. Mrs. Archer stated the conference is an excellent thing for us to participate in and hopes Commissioner Costin will be able to attend next year. With regard to a comment expressed this evening by a citizen about ignoring the North Federal Highway Plan, Mrs. Archer stated it was not her intention to do this and commented that she was overwhelmed by the amount of work that was put forth by the residents of the southwest area in their presentation of the SW Neighborhood Redevelopment Plan without city assistance and feels they should be commended. 13.C.2. Commissioner Costin Mr. Costin stated the Leader's Summit was exceptional and the people who attended were energized. Mr. Costin stated to see everything forthcoming from the participants was very encouraging to him to recognize that there are people in this community that want to go forward and be a part of the process. 13.C.3. Commissioner McCarthy Ms. McCarthy stated the percentage of people who attended the Leader's Summit and Goal Setting Session versus those who were invited was very good. Ms. McCarthy stated the quality of the input was phenomenal and feels the Leader's Summit should continue on an annual basis. Secondly, Ms. McCarthy stated there are many graduates this month in our city and the Frances J. Bright Women's Club still has an Annual Debutante Cotillion. 13.C.4. Commissioner Levinson Mr. Levinson stated Saturday evening he had the opportunity to present a proclamation on behalf of the Commission to Jaxon David Schofield who is an eight year old Cub Scout. Mr. Levinson stated Jaxon was presented the proclamation for saving the life of a 33 year old man (Jason Rex). Secondly, Mr. Levinson reiterated the same issues regarding the Leader's Summit and stated he feels that every one of the participants this year focused on solving problems not dwelling on them. Mr. Levinson stated he feels a lot more was accomplished last night than in the past due to the attitudes of the individuals who were looking forward to solving problems. Mr. Levinson stated he feels the core of the leadership in the future of the city is shaping up well. -26- 06/03/03 Mr. Levinsan stated Spady Elementary School was scheduled for modernization in about three years. Mr. Levinson commented Carole Shetler, Area ! Superintendent for the Palm Beach County School District, has moved this up in her district priority list and the architect for the modernization will be selected tomorrow. this. Mayor Perlman suggested that a letter be forwarded to Ms. Shetler acknowledging 13.C.5. Mayor Perlman Mayor Perlman stated he too agrees the Leader's Summit with Lyle Sumek was a great experience and he looks forward to recommending many of the priorities. With regard to the Transforming Local Government Conference in Piano, Texas he would like to thank Lula Butler, Ran Haggard, Paul Darling, Pat Archer and Diane Calanna for the presentation. Mayor Perlman stated although only three of them actually spoke, much work was put into the editing and overall he feels it worked well and they made a good impression. Mayor Perlman stated he would encourage a team to attend again next year. Mayor Perlman stated he will be leaving on Thursday for the U.S. Conference of Mayors. Therefore, he will not be at the Workshop Meeting next week. Mayor Perlman stated tomorrow morning community development professionals from all over the State are coming to Delray Beach and commented that this is very exciting. Mayor Perlman stated groups such as this one are coming here because they have heard through the professional grapevine about things being accomplished in Delray and he feels this is a testament to the good work being done by the city and staff. There being no further business, Mayor Perlman declared the meeting adjourned at 10:30 p.m. City Clerk ATTEST: MAYOR -27- 06/03/03 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 3, 2003, 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 as set forth above. -28- 06/03/03 Mr. Levinson stated Spady Elementary School was scheduled for modernization in about three years. Mr. Levinson commented Carole Shetler, Area I Superintendent for the Palm Beach County School District, has moved this up in her district priority list and the architect for the modernization will be selected tomorrow. this. Mayor Perlman suggested that a letter be forwarded to Ms. Shetler acknowledging 13.C.5. Mayor Perlman Mayor Perlman stated he too agrees the Leader's Summit with Lyle Sumek was a great experience and he looks forward to recommending many of the priorities. With regard to the Transforming Local Government Conference in Plano, Texas he would like to thank Lula Butler, Ron Hoggard, Paul Doffing, Pat Archer and Diane Colonna for the presentation. Mayor Perlman stated although only three of them actually spoke, much work was put into the editing and overall he feels it worked well and they made a good impression. Mayor Perlman stated he would encourage a team to attend again next year. Mayor Perlman stated he will be leaving on Thursday for the U.S. Conference of Mayors. Therefore, he will not be at the Workshop Meeting next week. Mayor Perlman stated tomorrow morning community development professionals from all over the State are coming to Delray Beach and commented that this is very exciting. Mayor Perlman stated groups such as this one are coming here because they have heard through the professional grapevine about things being accomplished in Delray and he feels this is a testament to the good work being done by the city and staff. at 10:30 p.m. There being no further business, Mayor Perlman declared the meeting adjourned City Clerk ATTEST: -27- 0~03~3 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 3, 2003, which Minutes were formally approved and adopted by the City Commission on June 17, 2003 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 as set forth above. -28- 06/03/03