06-03-97 JUNE 3, 1997
A Regular Meeting of the City Commission of the City of
Delray Beach, Florida, was called to order by Mayor Jay Alperin
in the Commission Chambers at City Hall at 6:00 P.M., Tuesday,
June 3, 1997.
1. Roll call showed:
Present - Commissioner Ken Ellingsworth
Commissioner David Randolph
Commissioner David Schmidt
Mayor Jay A1perin
Absent - Commissioner Kevin Egan
Also present were - City Manager David T. Harden and
City Attorney Susan A. Ruby
2. The opening prayer was delivered by Reverend Neil
Hickem, First Baptist Church of Delray.
3. The Pledge of Allegiance to the flag of the United
States of America was given.
4. Agenda Approval.
Mayor A1perin noted the addition of Item 8.F., Mutual
Assistance and Automatic Aid Agreement with Palm Beach County
Fire Rescue, to the Consent Agenda by addendum.
Mr. Schmidt requested that Item 8.B., Contract Cancel-
lation/Snack Machine Vending Service, of the Consent Agenda be
moved to the Regular Agenda as Item 9.A.A.
Mr. Schmidt moved to approve the Agenda, as amended,
seconded by Mr. Ellingsworth. Upon roll call the Commission
voted as follows: Mr. Schmidt - Yes; Mr. Ellingsworth - Yes;
Mr. Randolph - Yes; Mayor A1perin - Yes. Said motion passed with
a 4 to 0 vote.
5. Approval of Minutes=
Mr. Schmidt moved to approve the Minutes of the Regular
Meeting of May 20, 1997, seconded by Mr. Ellingsworth. Upon roll
call the Commission voted as follows: Mr. Ellingsworth - Yes;
Mr. Randolph - Yes; Mayor A1perin - Yes; Mr. Schmidt - Yes. Said
motion passed with a 4 to 0 vote.
.6. Proclamations=
None
7. Presentations=
None
8. CONSENT AGENDA: City Manager recommends approval.
8.A. FUNDING SUBSIDIES/DELRAY BEACH RENAISSANCE PROGRAM:
Approve and authorize issuance of two funding subsidies for
eligible applicants in the amounts of $16,164.35 (Lot 7, Block
10, Town of Delray) and $14,809.95 (119 N.W. 6th Avenue), for a
total expenditure of $30,974.30 under the Delray Beach Renais-
sance Program ($21,522.90 from HOME Account %118-1923-554-83.01,
and $9,451.40 from SHIP Account %118-1924-554-83.01).
8.B. THIS ITEM WAS MOVED TO THE REGULAR AGENDA AS ITEM
9.A.A.
8.C. SETTLEMENT OFFER/SEAN DERUISE V. OFFICER M. LaFLEUR:
Reject a settlement offer in the referenced matter and authorize
a counter offer of judgment as recommended by the City Attorney.
8.D. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Site Plan Review and
Appearance Board during the period May 19 through May 30, 1997.
8.E. AWARD OF BIDS AND CONTRACTS:
1. Bid award via the Florida Sheriffs Association
cooperative bid to Don Reid Ford, Inc. in the
amount of $22,596.00 for a 1997 Ford Crown Victo-
ria pursuit vehicle for the Police Department
(replacement vehicle), with funding from
501-3312-591-64.20.
8.F. MUTUAL ASSISTANCE AND AUTOMATIC AID AGREEMENT WITH PALM
BEACH COUNTY FIRE RESCUE: Approve an Emergency Services Agree-
ment for Mutual Assistance and Automatic Aid between Palm Beach
County and the City of Delray Beach.
Mr. Ellingsworth moved to approve the Consent Agenda,
as amended, seconded by Mr. Randolph. Upon roll call the Commis-
sion voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes;
Mr. Schmidt - Yes; Mr. Ellingsworth - Yes. Said motion passed
with a 4 to 0 vote.
9. REGULAR AGENDA:
9.A. CONTRACT CANCELLATION/SNACK MACHINE VENDING SERVICE
(ITEM 8.B.): Approve the cancellation of the snack machine
vending service contract with DiLoreto & Sons, and authorize
staff to bid the service.
Mr. Schmidt stated that the backup material did not
indicate there has been any problem with the existing vendor, and
the recommendation to terminate the contract appears solely to be
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based on a desire to open the item for bid. Mr. Schmidt asked if
there were problems with the vendor and, if not, why terminate
the contract?
In response, the City Manager stated that to the best
of his knowledge there have been no problems or complaints with
this particular vendor (DiLoreto & Sons). However, the City has
been using the same vendor for the past ten years and staff feels
it is appropriate to go out for bid on the item to see what the
market has to offer.
Mr. Randolph felt that the current vendor should be
given more than 90 days prior notice in view of the longevity of
the service. In all fairness, Mr. Randolph stated that he would
like to provide the vendor with at least 120 days prior notice.
Mr. Randolph moved to accept the recommendation to
terminate the snack machine vending service contract with DiLore-
to & Sons, amended to reflect a prior notice of 120 days as
opposed to 90 days, and authorize staff to rebid the service,
seconded by Mr. Ellingsworth. Upon roll call the Commission
voted as follows: Mayor Alperin - Yes; Mr. Schmidt - No; Mr.
Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with
a 3 to 1 vote.
9.A. REPLACEMENT WALL ALONG LAKE IDA ROAD: Consider a
request from the Lake Ida Property Owners Association for City
assistance in replacing the concrete fence along Lake Ida Road
with a wall.
The City Manager stated that the City received corre-
spondence from the Lake Ida Property Owners Association request-
ing assistance for the City to replace the concrete fence with a
wall. He further stated that the City Attorney has informed him
that in order to do an assessment project, the ordinance will
have to be amended to include walls. There is some concern about
setting a precedent since other communities such as Lake Forest
and Chatelaine have mentioned the possibility of replacing their
fences with more durable walls. However, the Lake Ida wall is a
little unusual in that there there is a City park adjacent at the
one end and the community has been impacted by road construction.
The City Manager was optimistic that the County will assist in
this endeavor. While the replacement and/or refurbishment of the
fence has been discussed for some time, the recent road construc-
tion by the County has made the question more pressing.
Upon question by Mayor Alperin, the City Manager stated
that the concrete fence was built at the time the subdivision was
constructed and is actually located on individual lots. Usually
when a wall or fence is built on a common area, it is maintained
by the homeowners association but that did not happen in this
case. He further commented that the Lake Ida Property Owners
Association committee was supposed to meet with County Commis-
3 6/03/97
sioner McCarty concerning this issue, but he was uncertain if the
meeting actually took place.
Terry Eichas, President of the Lake Ida Property Owners
Association, discussed the impacts the road widening has had on
the Lake Ida residential community. Mr. Eichas stated that the
Lake Ida committee will be meeting with County Commissioner
McCarty on Friday, June 6, 1997, but emphasized that time is of
the essence since Bovis Homes will soon begin construction of the
wall associated with their project (Delray Lakes). The Lake Ida
committee would like to see a continuation of their 8 ft. high
wall along Lake Ida Road adjacent to their community.
After discussion, it was the consensus of the Commis-
sion as follows: (1) Proceed with amending the code to include
walls as an allowable special assessment improvement; (2) commu-
nicate to the County that the City Commission feels the County
should assist in this endeavor; and (3) after obtaining input
from the County bring the matter back to the Commission for
further consideration.
Mayor Alperin expressed some concern about accepting
responsibility for individual properties as it would be setting a
precedent. He further brought up the issue of maintenance
responsibility and costs and requested that these issues be
addressed when the item is brought back for consideration.
9.B. ARCHITECTURAL ELEVATIONS FOR BOSTON MARKET/EINSTEIN
BROS. BAGELS: Consider approval of the architectural elevations
for Boston Market/Einstein Bros. Bagels (formerly Wag's and
Spartacus restaurants), located in the Old Harbor Plaza shopping
center at the northeast corner of South Federal Highway and
Linton Boulevard.
Diane Dominguez, Planning Director, stated that this is
a situation where there are conflicting corporate colors proposed
for an outbuilding in the Old Harbor Plaza shopping center which
are not consistent with the shopping center's colors. The Land
Development Regulations state that in situations where the
elevations between an outparcel and the main center are not
compatible, they can be denied; or, if the Board finds that
despite the differences, they should be approved, then the
request is referred to the City Commission. This item was
reviewed by the Site Plan Review and Appearance Board on May 14,
1997, at which time the Board recommended approval (6 to 0 vote)
of the architectural elevations with the corporate colors. The
Board felt that the elevations were attractive and would be an
asset in spite of the fact that they are not similar colors or
style.
Brian Herbert, Architect representing Boston Mar-
ket/Einstein Bagels, stated that at the Site Plan Review and
Appearance Board's meeting of May 14, 1997, the petitioner was
amiable to change to the peach color of the shopping center but
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preferred the corporate colors for Boston Market. SPRAB went
ahead and recommended the colors as presented for the corporate
colors. The proposal is to do a major renovation to the former
Wags/Spartacus restaurant. Mr. Herbert further stated that the
applicant accepts the conditions attached to the recommendation
for approval by the Site Plan Review and Appearance Board.
Mayor Alperin felt that the entire shopping center
should be consistent with the same color.
Diane Dominguez, Planning Director, pointed out that
the outparcel is set off somewhat with rather heavy landscaping
and is not very visible. This particular property has changed
uses several times and the applicant feels it is important to
have their corporate identify visible.
Mr. Schmidt moved to accept the Site Plan Review and
Appearance Board's recommendation for the architectural eleva-
tions for Boston Market/Einstein Bros. Bagels outbuilding in the
Old Harbor Plaza shopping plaza, based upon positive findings
pursuant to LDR Section 4.6.18(B) (13) (b), and subject to the
conditions recommended by the Site Plan Review and Appearance
Board, seconded by Mr. Ellingsworth. Upon roll call the Commis-
sion voted as follows: Mr. Schmidt - Yes; Mr. Ellingsworth -
Yes; Mr. Randolph - No; Mayor Alperin - No. Said motion failed
to pass with a 2 to 2 vote.
At this point discussion ensued as to the applicant's
desire to move forward with the project without being held up for
further approvals.
Mr. Schmidt stated that as long as the applicant is
agreeable to the peach color on the main shopping center, he did
not have a problem with approving that scenario which would allow
the applicant to proceed. Mr. Herbert stated that the peach
color is acceptable to the applicant.
Ms. Schmidt moved to reconsider the motion and approve
the architectural elevations with the color change to be compati-
ble with the current color of the shopping center and subject to
the conditions as recommended by the Site Plan Review and Appear-
ance Board as applicable, seconded by Mr. Ellingsworth. Upon
roll call the Commission voted as follows: Mr. Ellingsworth -
Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes.
Said motion passed with a 4 to 0 vote.
At this point the Commission moved to Item 12., First
Readings, on the agenda.
12. FIRST READINGS:
12.A. ORDINANCE NO. 24-97: An ordinance rezoning a parcel of
land known as the Colombi Property from POD (Professional and
Office) District) and RM (Medium Density Residential) District to
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NC (Neighborhood Commercial) District. The subject property is
located at the northeast corner of South Federal Highway and
LaMat Avenue. If passed, a quasi-judicial public hearing will be
scheduled for June 17, 1997.
The City Manager presented Ordinance No. 24-97:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, REZONING AND
PLACING LAND PRESENTLY ZONED POD (PROFESSION-
AL AND OFFICE DISTRICT) AND RM (MEDIUM
DENSITY RESIDENTIAL) DISTRICT IN THE NC
(NEIGHBORHOOD COMMERCIAL) DISTRICT; SAID LAND
BEING LOCATED AT THE NORTHEAST CORNER OF
SOUTH FEDERAL HIGHWAY AND LA MAT AVENUE, AS
MORE PARTICULARLY DESCRIBED HEREIN; AMENDING
"ZONING MAP OF DELRAY BEACH, FLORIDA, 1994";
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
The City Attorney read the caption of the ordinance.
Mayor Alperin noted that this item requires a quasi-judicial
hearing on its second reading. As is the Commission's practice,
all testimony will be presented at that hearing on June 17, 1997.
Mr. Ellingsworth moved to approve Ordinance No. 24-97
on FIRST Reading, seconded by Mr. Randolph. Upon roll call the
Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin -
Yes; Mr. Schmidt - Yes; Mr. Ellingsworth - Yes. Said motion
passed with a 4 to 0 vote.
12.B. ORDINANCE NO. 25-97: An ordinance changing the Future
Land Use Map designation (small scale amendment) from Commerce to
General Commercial, and rezoning from MIC (Mixed Industrial and
Commercial) to GC (General Commercial) District for the Country
and Western Bar of Delray Beach, to be located at the northwest
corner of Atlantic Avenue and the CSX Railroad, immediately west
of 1-95. If passed, a quasi-judicial public hearing will be
scheduled for June 17, 1997.
The City Manager presented Ordinance No. 25-97:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, CHANGING THE
FUTURE LAND USE MAP DESIGNATION FROM COMMERCE
TO GENERAL COMMERCIAL, AND REZONING FROM MIC
(MIXED INDUSTRIAL AND COMMERCIAL) DISTRICT TO
GC (GENERAL COMMERCIAL) DISTRICT, FOR LOT 1,
OWEN'S COMMERCIAL SUBDIVISION, AS THE SAME IS
MORE PARTICULARLY DESCRIBED HEREIN, LOCATED
AT THE NORTHWEST CORNER OF ATLANTIC AVENUE
AND THE CSX RAILROAD, IMMEDIATELY WEST OF
1-95; ELECTING TO PROCEED UNDER THE SINGLE
HEARING AMENDMENTS; AND AMENDING "ZONING MAP
6 6/03/97
OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND
AN EFFECTIVE DATE.
The City Attorney read the caption of the ordinance.
Mayor Alperin noted that this item requires a quasi-judicial
hearing (as to zoning) on its second reading. As is the Commis-
sion's practice, all testimony will be presented at that hearing
on June 17, 1997.
Mr. Randolph moved to approve Ordinance No. 25-97 on
FIRST Reading, seconded by Mr. Schmidt. Upon roll call the
Commission voted as follows: Mayor Alperin - Yes; Mr. Schmidt -
Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion
passed with a 4 to 0 vote.
11. Comments and Inquiries on Non-Aqenda Items from the
Public - Immediately following Public Hearinqs.
11.A. City Manager's response to prior public comments and
inquiries.
The City Manager stated that at the last Commission
meeting there was a comment that County Commissioner McCarty, at
a meeting several weeks ago, had spoke about the Palm Tran
facility on Congress Avenue and indicated that if the City wanted
a wall on the site to let the County know and it would be taken
care of. At the April 15th meeting, Commissioner McCarty made
the following statement: "On the Palm Tran facility, we will do
whatever it is we are supposed to do, but I'm sure we've submit-
ted a site plan to the City. I'm sure that site plan required
some landscaping and berms, if any, and I'm sure that the City
would not have issued a certificate of occupancy (c.o.'d) the
property if it did not meet the requirements that were in the
site plan. But, if for some reason the City overlooked it, or
whatever, we'll be happy, I'm sure, to make it right. I think we
need to go back to what was approved to make sure the County has
met their obligation, but I would assume we did since we're open
and operating. I just want to clarify that." The City Manager
stated that he was not sure if this was the meeting referred to
by Mrs. Finst, but at the April 15th meeting, at least, there was
no mention of a wall by Commissioner McCarty.
In response to a complaint regarding the condition of
Congress Avenue between Atlantic Avenue and Lake Ida Road, and
particularly the deteriorated road (N.W. 18th Street) within the
industrial area east of Congress, the City Manager reported that
Code Enforcement has visited the area and staff feels that Code
Enforcement's efforts in this area have been reasonable and
proactive. There are several businesses within the industrial
area that are non-conforming and it is acknowledged that the
current use of the land is dense and would not be allowed under
current land development regulations. Further, the roads need to
be reconstructed and paved. One of the reasons this has not been
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addressed already is because Noland Plumbing is expected to
expand their business. When this happens, they are supposed to
put in some water and sewer lines and do some road work. There
is other road work that was supposed to have been done by the
stone cutting company (Keystone Creations), but staff does not
want to go in there and do road work at least until the utility
work is done. Most of the properties are adequately screened;
however, staff will be notifying the appropriate people where
mowing is needed. In reviewing the number of citations, personal
contacts and abatement actions taken in the area, staff feels the
issues are being addressed under our requirements. The main
thing that will get the area cleaned up is when some of the new
development like Noland Plumbing proceeds. The City Manager
concluded by stating that the Planning and Zoning Department is
working on the MIC (Mixed Industrial and Commercial) district
regulations to eliminate some of the more heavy industrial-type
uses such as resource recovery. The area does have several auto
repair businesses and junkyards. Some of those have inadequate
parking, but the uses are grandfathered in as lawfully non-con-
forming uses.
ll.B. From the Public.
Alice Finst, 707 Place Tavant, complimented the City on
the recent pruning which was done at the beach. It is a pleasure
to drive down A1A and be able to see the ocean. She asked that
any future plantings be such that will continue to allow a view
of the water.
Mrs. Finst asked that someone look at the traffic
pattern at the intersection of Congress Avenue and Atlantic
Avenue, especially as relates to the left turn lanes onto Atlan-
tic Avenue when coming south on Congress. She stated it is very
difficult to get to the 1-95 access when you are in the far left
turn lane and it presents a dangerous situation when motorists
are trying to switch lanes.
Michael Solari, 515 Seagate Drive, addressed the
Commission regarding the Large Home Task Team's recent recommen-
dations. He urged that the task teams's decisions and recommen-
dations be rejected by the Commission and reconsidered to be more
in line with what is being done in neighboring towns such as
Ocean Ridge.
Jean Beer, 945 Tropic Boulevard, concurred with Mr.
Solari that the Large Home Task Team's recommendations should be
reconsidered. She pointed out that there is a house in Tropic
Isles that has a 6 foot wall built on a 3 foot berm. While she
feels this is inappropriate, it is allowed under the land devel-
opment regulations. Mrs. Beer suggested that this scenario needs
to be looked at although it was not a part of the task team's
deliberations. There are instances where someone has a small
house which ends up with a large house on either side which she
feels effectively reduces the property's value because no one is
8 6/03/97
going to buy it unless they are going to tear the house down.
She asked that the Commission reconsider the recommendations from
the Large Home Task Team to see what can be done to mitigate in
some way some of the things that are in it.
At this point, the Commission moved to Item 13.,
Comments and Inquiries on Non-Agenda Items, from the City Manag-
er, City Attorney and City Commission.
13. Comments and Inquiries on Non-Aqenda Items.
13.A. City Manager.
The City Manager reported that he had just gotten back
from Kansas City where the 'Transforming Local Government'
conference was put on by the Innovation Group. It was very good
and he got some good ideas on working with neighborhoods which he
will be passing on to staff. He commented that the first shop-
ping center in the United States was built in Kansas City and it
is celebrating its 75th anniversary this year. It was built
about three miles outside of town and is very attractive with a
Spanish/Mediterranean style architecture. It is not a mall, but
is spread out over some 10 to 12 blocks all adjacent to each
other. The parking is mostly in garages which are interspersed
throughout the center. It is in excellent shape considering it
is 75 years old and appears to have no vacancies.
13.B. City Attorney.
The City Attorney had no comments or inquiries.
13.C. City Commission.
13.C.1. Mr. Schmidt stated that he had received a phone call
from a Mr. Steven Manya, 10 N.E. 16th Court, complaining about
the inconsistency of garbage pickup in his neighborhood. Having
just moved into this general area, Mr. Schmidt stated that he,
too, has noticed some inconsistency, especially with the Monday
pickups, where it is kind of a "hit or miss" situation as to what
is picked up. He suggested that the new manager at BFI be made
aware of this situation. In addition, Mr. Schmidt questioned why
BFI picks up yard clippings and vegetative waste on Thursday as
opposed to Monday since the typical homeowner works in the yard
on the weekend and then it sits out in front of the house for
three or four days before it is picked up.
The City Manager explained that vegetative waste is
picked up on a daily basis by the contractor, although it is done
on different days in different parts of the city. It is impossi-
ble for BPI to pick up everyone's trash on Monday so they rotate
throughout the city. The City Manager acknowledged that Monday
is the day that we have the most problems and complaints and this
has been discussed with the new manager. He is supposed to get
back with staff as to how he proposes to correct the situation.
9 6/03/97
Perhaps BFI does not have enough equipment on the street on
Monday or they may need to change the service areas around to
better balance the workload.
13.C.2. Mr. Ellingsworth commented on the two fine events for
young people that were held in the City over the past weekend.
One event was the Gulfstream Junior Tennis Tournament which has
been held at the Tennis Center for many years. This is one of
five state qualifying tournaments for state rankings for boys and
girls 18 years of age and under. Based on information compiled
by the tennis center staff, Mr. Ellingsworth noted that 50
participants stayed at hotels in Delray with over 100 more
staying in the immediate area. The other event was a women's
golf tournament with 20 golf teams participating. The event was
sponsored by the National Association of Intercollegiate Athlet-
ics. Mr. Ellingsworth emphasized that these type of events are
good for the local economy.
13.C.3. Mr. Randolph stated that his bowling team won the
district league and would be participating in the State Bowling
Tournament during the last weekend in June.
Mr. Randolph stated that he has received many inquiries
regarding the status of the concert series at the tennis center.
He felt the Spring concerts had provided good marketing for the
city and asked that he be kept informed of future events.
Mr. Randolph stated that he now has a FAX machine
available at his home and can be reached by fax at 278-7942.
13.C.4. Mayor Alperin had no comments or inquiries.
At this point, the time being 6:55 p.m., Mayor Alperin
declared a five minutes recess.
The meeting was reconvened at 7:00 p.m. with the
Commission considering Item 10., Public Hearings.
10. PUBLIC HEARINGS:
10.A. ORDINANCE NO. 22-97: An ordinance rezoning a 1.415
acre parcel of land from A (Agricultural) to RM (Medium Density
Residential) District for Fine Construction Co. The subject
property is located on the north side of Old Germantown Road,
east of the Spanish Wells condominium development. 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. 22-97:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, REZONING AND
PLACING LAND PRESENTLY ZONED A (AGRICULTURAL)
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DISTRICT IN THE RM (MEDIUM DENSITY RESIDEN-
TIAL) DISTRICT WHICH PROVIDES FOR A DENSITY
RANGE OF FROM 6 1/NITS PER ACRE TO 12 UNITS
PER ACRE, WITH THE EXACT DENSITY TO BE
ESTABLISHED BY THE CITY COMMISSION AND
AFFIXED BY A NUMERICAL SUFFIX TO THE ZONING
DESIGNATION; SAID LAND BEING GENERALLY
LOCATED ON THE NORTH SIDE OF OLD GERMANTOWN
ROAD, EAST OF THE SPANISH WELLS CONDOMINIUM
DEVELOPMENT, AS MORE PARTICULARLY DESCRIBED
HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH,
FLORIDA, 1994"; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
(Copy of Ordinance No. 22-97 is on file in the official
Ordinance Book)
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 Clerk swore in those individuals who wished to
give testimony on this item.
Diane Dominguez, Planning Director, entered into the
record the Planning and Zoning Department's File No. 97-84 on
this project and a listing of pertinent documents. The proposal
is a change in zoning from (A) Agricultural) to RM (Medium
Density Residential) District. The RM zoning allows a range from
6 to 12 dwelling units per acre. The underlying Future Land Use
Designation for this property is Medium Density Residential which
allows a density of 5 to 12 units per acre. The site was annexed
into the City in 1988 and rezoned from County Agricultural to a
City zoning designation of ART (Agricultural Residential Transi-
tional). After the citywide rezonings in 1990, the property was
rezoned to Agricultural which was intended to act as a holding
zone until a development proposal was submitted for the property.
The current development proposal is to rezone the property in
order to construct 17 townhouse units at a density of 12 units
per acre. The request is consistent with the underlying land use
designation and positive findings can be made with respect to
concurrency. There is a valid reason for the rezoning as the
Agricultural designation is considered as temporary and is not
appropriate for the property in the long run. The property is
approximately 1.4 acres. If it were to be rezoned to RM without
a suffix, a range of 8-16 dwelling units could be constructed.
However, the RM zone does allow for the establishment of a
numerical suffix at the time of rezoning which would limit the
maximum density to less than 12 dwelling units per acre. The
subject property is surrounded on three sides by multiple family
development and is separated from the single family area to the
south by Germantown Road. However, unlike most of the develop-
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ment on the north side, this site does not have access to Linton
Boulevard so it will be completely oriented toward Old Germantown
Road. For that reason, staff felt that the single family resi-
dential to the south should have some bearing on the ultimate
density of this parcel. The Planning and and Zoning Board
considered this item at its meeting of April 14, 1997 and recom-
mended that the parcel be rezoned to RM with a density suffix of
8 units per acre.
The following individuals addressed the Commission on
this issue:
Ro~er Saberson, Attorney representing the applicant,
submitted for the record that document entitled "Exhibits For
Fine Realty and Construction Corp. ("Petitioner") Rezoning to
RM", inclusive of items 1. through 21. Upon review by the City
Commission, it was the consensus to accept the exhibits as
presented with the exception of item 21. (Site Plan) based upon
the finding that a site plan has no relevancy to a rezoning
petition.
At this point Mr. Saberson asked various questions of
the Planning Director regarding the exhibits and confirmed her
acceptance of these exhibits as being true and correct.
Mr. Saberson called upon his client, Clifford Fine,
President of Fine Realty and Construction Corp., who testified
that the original application was for 12 dwelling units per acre.
Mr. Fine stated that in view of the infrastructure costs, it
would not really be feasible to develop the property at less than
that density (12 dwelling units per acre).
Mr. Saberson then discussed the various densities of
surrounding properties and noted that the testimony from the
Planning Director reflects that the City has developed a pattern
of development along Old Germantown Road that is multiple family
on the north side and single family on the south side. That
being the case, it seems appropriate that this particular parcel
should be zoned multiple family, with the density as originally
applied for (12 dwelling units per acre). However, Mr. Saberson
continued that his client is willing to compromise with the City
on a density of 10 units per acre.
Bruce C. Steinhardt, President of the Rabbit Hollowe
Homeowners' Association, stated that the Rabbit Hollowe community
consists of 35 private homes which are located on the south side
of Old Germantown Road. The association opposes the rezoning
request at the density which is requested. The opposition is
based on three reasons as outlined in the Association's letter
dated April 18, 1997. These issues are (1) incompatibility with
surrounding development; 2) aggravation of traffic problems; and,
3) aesthetics and landscaping. Mr. Steinhardt urged the Commis-
sion to consider the totality of the area and limit the density
on the subject property to 6 units per acre.
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George Rotchford, representing the Oakmont Homeowners
Association, opposed the rezoning request based on concerns that
Old Germantown Road already presents a hazardous traffic situa-
tion due to vehicles entering/exiting developments along the
road. Also, the future impact of 238 new homes at the new
development on Blood's Grove will only add to this situation.
Jean Beer, 945 Tropic Boulevard and speaking on behalf
of the Progressive Residents of Delray (PROD), objected to the
rezoning request. PROD supports all of the single family home-
owner associations in this area. As a former member of the Plan-
ning and Zoning Board, Mrs. Beer noted that the density of the
Palm Cove apartment complex is high (17 dwelling units per acre)
because the property was zoned to that density to accommodate an
adult congregate living facility (ACLF). By their nature, ACLF's
are generally self-contained and do not have the traffic intensi-
ty of other residential developments. When it turned out that
the property would not be used for an ACLF, it already had the
zoning and the P&Z Board had to give them that density. The City
did not make a conscious decision to have rental apartments at a
density of 17 units per acre.
At this point, Mr. Saberson presented his rebuttal. He
stated that the City had a ten year period to determine if it
wanted single family development on the north side of Old German-
town Road, and it did not happen. With respect to traffic
concerns, Exhibit #11 indicates that Old Germantown Road, as a
two lane collector, has a capacity of an average trip generation
of 14,300 trips daily and at the present time is operating at
half its capacity.
There being no one else who wished to give testimony on
this item, the public hearing was closed.
Mayor Alperin asked the Planning Director questions
regarding the medium density designation and comparison of
density of surrounding residential properties. In conclusion,
Mayor Alperin stated that the Medium Density Residential land use
designation does not necessarily entitle the property owner to RM
zoning. The comparison of the surrounding residential properties
shows these as being significantly larger in size than the
subject parcel. Their density is spread out over the properties.
On this particular parcel, the density requested (12 du/acre)
appears to be an overuse and too intense. Mayor Alperin stated
that he felt a density suffix of 6 units per acre would be more
appropriate for the subject property.
At this point, discussion ensued regarding the issue of
density.
Mr. Schmidt moved to adopt Ordinance No. 22-97 on
Second and FINAL Reading with a density suffix of 6 dwelling
units per acre, seconded by Mr. Ellingsworth. Upon roll call the
Commission voted as follows: Mr. Schmidt - Yes; Mr. Elling-
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sworth - Yes; Mr. Randolph - No; Mayor Alperin - Yes. Said
motion passed with a 3 to 1 vote.
At this point, Mr. Saberson stated that his client felt
it would not be feasible to develop the property at a density of
six units per acre and was withdrawing the petition.
Mr. Schmidt moved to accept the withdrawal of the
rezoning request for the Fine property, as more particularly
described in Ordinance No. 22-97, seconded by Mr. Ellingsworth.
Upon roll call the Commission voted as follows: Mr. Ellingsworth
- Yes; Mr. Randolph - Yes; Mayor Alperin - No; Mr. Schmidt -
Yes. Said motion passed with a 3 to 1 vote.
10.B. REQUEST FOR SIGN CODE WAIVER/SHELL OIL COMPANY:
Consider a request for a waiver of LDR Section 4.6.7(E) (7)
governing flat wall signs to exceed the maximum size allowed, and
to allow a proposed free standing sign to exceed the height
limitation for the Shell Oil Company located at the southeast
corner of West Atlantic and Congress Avenues.
Lula Butler, Director of Community Improvement, stated
that drawings for one free-standing sign and two flat wall signs
were initially submitted by Shell Oil Company to the Site Plan
Review and Appearance Board (SPRAB) on April 2, 1997. Since the
signs exceeded the maximum size and heights allowed under LDR
Section 4.6.7(E) (7), the request was denied. The applicant
submitted a revised sign package to SPRAB on May 14, 1997. The
overall size of the proposed free-standing sign was reduced to
comply with code; however, the height and gasoline price area
were still in excess of the maximum size allowed by code. Also,
the size of one of the accessory use flat wall signs (ETD Food
Mart) remained excessive. These signs were denied by the Board
based upon a failure to make positive findings pursuant to
Section 4.6.7(E) (7) and Section 4.6.7(D) (3) (n) (i). The Board
approved the second flat wall "SHELL" sign as it met standards.
Ms. Butler noted that SPRAB wants to bring signage down at the
intersection of Congress Avenue and Atlantic Avenue and maintain
continuity of scale. In 1993, a similar request was received
from the Chevron station which was subsequently denied. Staff
recommends that the waiver request be denied.
Todd Pressman, applicant, gave a lengthy presentation
via aerials and answered various questions of the Commission.
Jean Beer, representing Progressive Residents of
Delray, was opposed to the request for a waiver and emphasized
the importance to follow rules and supported staff's recommenda-
tion of denial.
Mayor Alperin felt that this intersection is particu-
larly dangerous. He has witnessed many close calls by people
making U-turns to get to the Shell station. Further, he could
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see no compelling reason to grant a waiver in this particular
instance.
Mr. Schmidt concurred, stating that the proposed
signage does not demonstrate a hardship or meet the criteria for
granting a waiver of code provisions.
Mr. Ellin~sworth moved to deny the request for a waiver
of the provisions of the sign code at Section 4.6.70 (E) (7) and
4.6.7(D) (3) (n) (i) as requested by Shell Oil Company, seconded by
Mr. Schmidt. Upon roll call the Commission voted as follows:
Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr.
Ellingsworth - Yes. Said motion passed with a 4 to 0 vote.
10.C. ORDINANCE NO. 21-97: (CONTINUATION OF SECOND READ-
ING/SECOND PUBLIC HEARING) An ordinance amending Section 4.4.9,
"General Commercial (GC) District", Section 4.4.13, "Central
Business (CBD) District", Section 4.4.20, "Industrial (I) Dis-
trict'', Section 4.4.21, "Community Facilities (CF) District",
Section 4.4.26, "Light Industrial (LI) District", Section 4.4.27,
"Open Space and Recreation (OSR) District", Section 4.3.3,
"Special Requirements for Specific Uses", and Appendix A, "Defi-
nitions'', of the Land Development Regulations to provide for the
regulation of telecommunication towers and antennas. Prior to
consideration of passage of this ordinance on Second and FINAL
Reading, a second public hearing has been scheduled to be held at
this time.
The City Manager presented Ordinance No. 21.97:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
SECTIONS 4.4.9(D) (7), 4.4.13 (D) (6), 4.4.20
(D) (3), 4.4.21(D) (5), 4.4.26 (D) (2), AND
4.4.27(D), "CONDITIONAL USES AND STRUCTURES
ALLOWED", OF THE LAND DEVELOPMENT REGULATIONS
OF THE CITY OF DELRAY BEACH, TO PROVIDE FOR
THE DELETION OF COMMUNICATION AND TRANSMIS-
SION FACILITIES/TOWERS AS A CONDITIONAL USE
IN THE GENERAL COMMERCIAL (GC), CENTRAL
BUSINESS (CBD) DISTRICT, INDUSTRIAL (I),
COMMUNITY FACILITIES (CF), LIGHT INDUSTRIAL
(LI), AND OPEN SPACE AND RECREATION (OSR)
ZONING DISTRICTS; AMENDING SECTION 4.3.3,
"SPECIAL REQUIREMENTS FOR SPECIFIC USES", BY
ENACTING A NEW SUBSECTION 4.3.3(S), "TELECOM-
MUNICATION TOWERS AND ANTENNAS", TO PROVIDE
FOR REGULATIONS ESTABLISHING FREESTANDING
TELECOMMUNICATION TOWERS AS A PERMITTED USE
IN THE PLANNED COMMERCIAL (PC), PLANNED
COMMERCE CENTER (PCC), MIXED INDUSTRIAL AND
COMMERCIAL (MIC), LIGHT INDUSTRIAL (LI),
INDUSTRIAL (I), OPEN SPACE AND RECREATION
(OSR), AND COMMUNITY FACILITIES (CF) ZONING
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DISTRICTS FOR MONOPOLE TOWERS HAVING A
MAXIMUM HEIGHT OF 64 FEET, OR AS A CONDITION-
AL USE IN THE PLANNED COMMERCE CENTER (PCC),
MIXED INDUSTRIAL AND COMMERCIAL (MIC), LIGHT
INDUSTRIAL (LI), INDUSTRIAL (I), OPEN SPACE
AND RECREATION (OSR), AND COMMUNITY FACILI-
TIES (CF) ZONING DISTRICTS FOR MONOPOLE
TOWERS HAVING A MAXIMUM HEIGHT GREATER THAN
64 FEET; TO PROVIDE FOR DEVELOPMENT STANDARDS
AND CRITERIA, APPLICATION REQUIREMENTS,
INSPECTIONS, CO-LOCATION REQUIREMENTS, USE OF
CITY-OWNED PROPERTY FOR TELECOMMUNICATION
FACILITIES, REVIEW AND APPROVAL PROCESS, AND
WAIVERS TO LOCATION, HEIGHT, AND CO-LOCATION
REQUIREMENTS BASED ON FINDINGS MADE BY THE
CITY COMMISSION; TO PROVIDE FOR REGULATIONS
GOVERNING EXISTING TOWERS, ABANDONED TOWERS
AND ANTENNAS NOT LOCATED ON TELECOMMUNICATION
TOWERS; AMENDING APPENDIX A, "DEFINITIONS",
TO PROVIDE DEFINITIONS FOR THE TERMS "ANTEN-
NA'' , "GUYED TOWER", "MONOPOLE TOWER", "PANEL
ANTENNA" , "SELF-SUPPORT/LATTICE TOWER" ,
"S TEALTH FAC I L I TY" , "TELE COMMUN I CAT I ON
TOWER" , AND "WHIP ANTENNA"; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND
AN EFFECTIVE DATE.
(Copy of Ordinance No. 21-97 is on file in the official
Ordinance Book)
The City Attorney read the caption of the ordinance. A
public hearinG was held having been legally advertised in compli-
ance with the laws of the State of Florida and the Charter of the
City of Delray Beach, Florida.
Mayor Alperin declared the public hearinG open.
Geroff (Jeffery) Sluggett, Unruh Smith & Associates and
representinG Nextel Communications and SPRINT, stated that he was
available to answer any questions the Commission may have reGard-
ing this issue.
There beinG no one else to address the Commission on
this issue, the public hearinG was closed.
Mr. Schmidt stated that in light of the fact that Palm
Beach County has now instituted a moratorium with respect to
telecommunication towers, perhaps the City Commission might be
interested in extendinG the City's moratorium to see what the
County does in terms of an ordinance. He stated that he would be
in favor of extendinG the moratorium to run concurrent with that
of the County.
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The City Attorney noted that the City's moratorium has
been in effect for nearly six months. It has been extended once
and is due to expire on June 15, 1997, after a six month period.
In her opinion, case law indicates that short moratoriums such as
the City's may be upheld, but longer ones will not. She felt the
City could be opening itself up to challenge if the existing
moratorium were to be extended beyond the six month period. She
further noted, however, that there is nothing to prevent the City
Commission from modifying the ordinance to incorporate new
information or new case law as may and probably will become
available in the future concerning telecommunications issues.
Nonetheless, Ms. Ruby strongly recommended against extending the
City's moratorium.
Mr. Randolph moved to adopt Ordinance No. 21-97 on
Second and FINAL Reading, seconded by Mr. Ellingsworth. Upon
roll call the Commission voted as follows: Mayor Alperin - Yes;
Mr. Schmidt - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes.
Said motion passed with a 4 to 0 vote.
There being no further business, Mayor Alperin declared
the meeting adjourned at 8:15 P.M.
~ Ci~y- C~rk !
ATTE~yR~
The undersigned is the City Clerk of the City of Delray Beach,
Florida, and the information provided herein is the minutes of
the meeting of said City Commission of June 3, 1997, which
minutes were formally approved and adopted by the City Commission
on QLc4t~ 17 . /99 7
~ City C~erk -- z
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.
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