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12-05-95 DECEMBER 5, 1995 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Thomas E. Lynch in the Commission Chambers at City Hall at 6:00 P.M., Tuesday, December 5, 1995. 1. Roll call showed: Present - Commissioner Jay Alperin Commissioner Ken Ellingsworth Commissioner David Randolph Commissioner Barbara Smith Mayor Thomas E. Lynch Absent - None Also present were - City Manager David T. Harden and City Attorney Susan A. Ruby 2. The opening prayer was delivered by Reverend Timothy Woodard, Church of the Palms. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. A~enda Approval. Mayor Lynch noted the addition of Item 9.J. (REQUEST FOR STREET CLOSURE AND USE OF CITY PROPER- TY/"LIGHT-UP DELRAY") by Addendum to the Regular Agenda. Mr. Ellingsworth moved to approve the Agenda as amend- ed, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 5. Approval of Minutes: Dr. Alperin moved to approve the Minutes of the Regular Meeting of November 21, 1995, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. 6. Proclamations: None 7. Presentations: 7.A. Award Presentation in honor of National Sinqle Parent Day - Judy Romanoff. Judy Romanoff, Founder and President of the National Single Parent Resource Center, Inc. expressed appreciation to the City Commission for their support of National Single Parent Day on November 5, 1995, through the proclamation which was presented at the October 24th regular meeting. The event turned out to be very successful, including media coverage. Ms. Romanoff present- ed a Certificate of Appreciation to the Commission The National Single Parent Day was very successful with approximately 150 single parents in attendance. The event was broadcast on televi- sion and published by the media. Ms. Romanoff presented a Cer- tificate of Appreciation to the Commission for their support and acknowledgment of National Single Parent Day. At this point Mr. Brahm Dubin, General Manager of the Municipal Golf Course, came forward to present Commissioner David Randolph with the trophy for winning the Annual Long Drive Con- test of the City Commission. 8. CONSENT AGENDA: City Manager recommends approval. 8.A. TEMPORARY USE PERMIT/NOMADS: Approve a request from the South County Community Food Pantry on behalf of the NOMADS to allow approximately 8 recreational vehicles to park on the Cath- erine Strong property from approximately February 16, 1996, through March 7, 1996. 8.B. AGREEMENT WITH SCHOOL BOARD/SCHOOL RESOURCE POLICE OFFICER AT DELRAY FULL SERVICE CENTER: Approve an agreement with the School Board of Palm Beach County for the assignment of a Delray Beach Police Officer to the Delray Full Service Center as a school resource officer. 8.C. POLICE SUBSTATION LEASE: Approve the lease of property at 26 S.W. 9th Avenue for use as a Police substation. The ini- tial term is for 6 months at the rate of $1.00 per month rent. 8.D. CHANGE ORDER NO. i AND FINAL PAYMENT/COLONNA ASPHALT RESTORATION, INC.: Approve final deduct Change Order No. 1 in the amount of $6,432.20, and Final Payment in the amount of $4,457.05 to Colonna Asphalt Restoration, Inc. for the Scrap and Impound Lot, Spady Bus Access, and N.W. 15th Avenue Extension projects, with funding from 334-3162-541-63.10 and 441-5161-536-63.71. 8.E. FINAL PLAT APPROVAL/THE BOY'S FARMERS MARKET: Approve the final boundary plat for The Boy's Farmers Market located at 14378 Military Trail. 8.F. FINAL PLAT APPROVAL/OCEAN ISLES AT DEL-RATON: Approve the final subdivision plat for Ocean Isles At Del-Raton located at the southeast corner of LaMat Avenue and Frederick Boulevard. 8.G. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Planning and Zoning Board during the period November 20, 1995 to December 1, 1995. 2 12/05/95 Mr. Ellingsworth moved to approve the Consent Agenda, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. Subsequent to roll call, Mayor Lynch commented that with respect to Item 8.B. (Agreement with School Board/School Resource Police Officer at Delray Full Service Center), he felt it would be advantageous to get an automatic extension provision in the agreement at the conclusion of the initial term. The City Attorney indicated that she would prepare a longer term contract with an annual review clause when the agreement is due to be renewed. The City Manager stated that this contract represents the achievement of a long range goal of the City, and recognized Chief Overman's efforts in making it happen. 9. REGULAR AGENDA: 9.A. CONDITIONAL USE REOUEST/ALZHEIMER HEALTH CARE SYSTEMS: Consider a request for conditional use approval to establish an Adult Congregate Living Facility (ACLF) with associated adult day care facility and office facility for Alzheimer Health Care Systems. The subject property is located at the northwest corner of Lake Ida Road and Congress Avenue. It is zoned CF (Community Facilities) District and contains 6.58 acres. The Planning and Zoning Board recommends approval. QUASI-JUDICIAL HEARING. The City Attorney stated that this item will be con- ducted 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. Diane Dominguez, Planning and Zoning Director, entered into the record the Planning and Zoning Department's file on this project and a listing of pertinent documents. She explained that the project consists of two phases. Phase I is for an adult day care center which will accommodate a maximum of 40 persons and will operate daily between the hours of 7:00 a.m. to 9:00 p.m. Phase II consists of a 120 bed adult congregate living facility (ACLF), administrative offices and child care for the employees. The Planning and Zoning Board considered this item at its meeting of November 20, 1995, and recommended approval of the conditional use request. Mayor Lynch opened the public hearing. There being no one else who wished to give testimony on this item, the public hearing was closed. 3 12/05/95 Mr. Randolph moved to approve the conditional use request for Alzheimer Health Care Systems, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 9.B. CONDITIONAL USE REQUEST/OCEAN CITY LUMBER COMPLEX: Consider a request for conditional use approval to allow the establishment of a place of assembly for commercial entertainment purposes (amphitheater) at the Ocean City Lumber Complex site within the CBD (Central Business District). The subject property is located on the east side of N.E. 2nd Avenue, between Atlantic Avenue and N.E. 1st Street, and contains 2.5 acres. QUASI- JUDICIAL HEARING. The City Attorney stated that this item will be con- ducted 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 on this project and a listing of pertinent documents. She explained that the development proposal includes modifying the site to accommodate a permanent stage with a covered canopy, a 256 sq.ft, room attached to the rear of the stage, and permanent restroom facilities. The site will be available for musical concerts and other entertain- ment Monday through Sunday, 6:00 p.m. to 12:30 a.m. Special events will be limited to no more than five (5) per calendar year, with a seating capacity of up to 2,500 people. For regular events, parking is available which meets the 1/300 parking space requirement in the Central Business District. For special events, a site plan has been submitted which reflects parking within the area in excess of 1,000 spaces, with excess parking expected to be accommodated in the downtown area. There is a condition that off-site parking agreements be obtained from private property owners to utilize their parking facilities during special events. Security will be provided and conditions of approval require coordination with the Police Department for off-duty officers to monitor the activities associated with the event. The number of Police assigned will depend upon the size of the event. At its meeting of November 20, 1995, the Planning and Zoning Board recommended approval of the conditional use, subject to conditions. Mayor Lynch opened the public hearing. There being no one else who wished to give testimony on this item, the public hearing was closed. Discussion by the Commission followed. -4- 12/05/95 Dr. Alperin asked if there is any provision in the approval for the event plans to be reviewed by staff to ensure that everything is adequate? Ms. Dominguez responded that there is no specific language which states that before each event they have to meet with staff; however, there has to be some coordination prior to an event. Dr. Alperin expressed concern about the possibility of a conflict with another event or events in the downtown area, such as at the Tennis Center or Old School Square, and felt there should be a provision that the City would have final authority to approve events. Mayor Lynch suggested adding a condition of approval that all events be coordinated through the Downtown Joint Ven- ture, with the City Manager to have final approval authority, and that Old School Square and the Tennis Center would have priority in terms of scheduling events. The Commission concurred. Mr. Randolph expressed concern regarding the hours of operation for special events as he felt the hours were too re- strictive, particularly for costly events featuring well known entertainers. Ms. Dominguez pointed out that if the applicant feels there is a need for additional hours, a modification of the conditional use could be approved by the Planning and Zoning Board. In response to Mr. Ellingsworth's inquiry regarding noise pollution, the Planning Director stated that the applicant has submitted a study which was conducted by sound engineers. Also, that the applicant has received a variance from the noise ordinance from the Board of Adjustment. Dr. Alperin moved to approve the conditional use re- quest, subject to the Planning and Zoning Board's recommendation and with the additional condition that the Downtown Joint Venture will be the coordinating agency, with final approval authority by the City Manager, and with Old School Square and the Tennis Center to be given priority in terms of event scheduling and parking considerations; seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mayor Lynch Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - No. Said motion passed with a 4 to 1 vote. 9.C. YEAR END BONUS/BJCE, INC.: Consider approval of a fixed sum bonus payment to BJCE, Inc. for management of the Municipal Golf Course for the fiscal year ending 9/30/95, per the terms of the Management Agreement; with funding from #445-4711-572-34.90. -5- 12/05/95 Mr. Ellingsworth moved to approve a bonus payment in the amount of $7,000.00 to BJCE, Inc. for management of the Municipal Golf Course for the fiscal year ending September 30, 1995; seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 9.D. CANCELLATION OF CONTRACT WITH TEMPLE SINAI: Consider cancelling the Contract for Sale and Purchase between the City and Temple Sinai for the acquisition of Temple property to pro- vide right-of-way on the west side of Davis Road. City Attorney Susan Ruby stated that the contract with Temple Sinai was entered into at the time of the discussions concerning the settlement of the Tate lawsuit. The contract provides that the City may give the Temple notice that the City desires to terminate the contract. However, the notice must be given no later than 30 days prior to closing. The closing for the Temple property is scheduled for January 10, 1996, so the deadline for providing the Temple notice of termination is Decem- ber 10, 1995. The City Attorney requested direction to either send a letter to Temple Sinai informing them of the termination of the contract, or to proceed to close on the property in Janu- ary. Discussion ensued regarding access and the appraised value of the property. Mr. Ellingsworth moved to proceed with acquisition of the property, seconded by Mrs. Smith. Upon roll call the Commis- sion voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - No; Mrs. Smith - Yes. Said motion passed with a 4 to 1 vote. 9.E. RESOLUTION NO. 88-95: Consider a resolution supporting the appointment of an additional voting member representing unincorporated Palm Beach County to the Metropolitan Planning Organization. The caption of Resolution No. 88-95 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING THE APPOINTMENT OF AN ADDITIONAL VOTING MEMBER REPRESENTING PALM BEACH COUNTY TO THE METRO- POLITAN PLANNING ORGANIZATION OF PALM BEACH COUNTY, PROVIDING AN EFFECTIVE DATE. (Copy of Resolution No. 88-95 is on file in the offi- cial Resolution Book) The City Manager explained that the Board of County Commissioners has requested as additional voting member be -6- 12/05/95 pointed to the Metropolitan Planning Organization to represent the unincorporated area. The membership of the MPO is appor- tioned and appointed by the Governor. The MPO submits any re- quests for changes in membership with supporting documentation, including resolutions of support from local governments. Mr. Ellingsworth moved to approve Resolution No. 88-95, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 9.F. CHANGE ORDER NO. 2/O'CONNOR & TAYLOR, INC.: Consider Change Order No. 2 to O'Connor & Taylor, Inc. as part of final reconciliation for the Municipal Golf Course Clubhouse project, in the amount of $15,510 from 445-4763-572-62.10. The City Manager explained that this change order is needed to cover the costs of miscellaneous additions and changes which were made to the clubhouse project. A $25,000 contingency was approved; however, this amount is for those costs over and above the contingency. Mayor Lynch expressed concern about the additional costs for this project, and emphasized that the total overrun is really $40,510 when you add the $25,000 contingency and now the additional $15,510. Howard Wight, Assistant Construction Manager, explained that the total for the add of the miscellaneous costs is $40,510; however, $25,000 was already part of the contract so that does not have to be added. The $15,510 is the total of a lot of miscellaneous changes which have accumulated. Discussion by the Commission followed. Concern was expressed over several of the items necessitating additional costs, especially changes to the fire sprinkler system and cer- tain interior design items. Both Mayor Lynch and Dr. Alperin expressed disappointment in that the Commission was under the impression that everything was included in the initial costs agreed upon at the start of the project. They felt that respon- sibility to ensure the project ran smoothly was with staff and the architect, and that they had made it clear they did not want to see any change orders. The City Manager noted that the project is still less than what was initially budgeted. Further, the item under con- sideration is that of a change order and the contractor needs to be paid for his services. On further discussion, it was the consensus of the Commission that they wished to receive a detailed breakdown and explanation for each of the changes listed. Further, that the 7 2/05/95 architect for the project and the City's Construction Manager be present at the next meeting to discuss the matter. Mr. Randolph moved to postpone consideration of Change Order No. 2/O'Connor & Taylor, Inc. to the regular meeting of December 12, 1995, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - No; Mr. Ellingsworth - Yes. Said motion passed with a 4 to 1 vote. 9.G. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint a regular member to the Board of Adjustment to fill an unexpired term ending August 31, 1997. Appointment by Commissioner Smith. Mrs. Smith moved to appoint Jess Sowards as a regular member to the Board of Adjustment to fill an unexpired term ending August 31, 1997, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.H. CONTRACT ADDITION (C.O. #1)/RAY QUALMANN MARINE CON- STRUCTION, INC.: Consider a Contract Addition (C.O. %1) and 45 day extension to Ray Qualmann Marine Construction, Inc. in the amount of $19,650 for seawall and retaining wall rehabilitation at N.E. 2nd Street at the Intracoastal Waterway, with $7,500 from 448-5411-538-62.23, and $12,150 from 334-3162-543-61.93. Mr. Ellingsworth moved to approve Contract Addition (C.O. #1) with Ray Qualmann Marine Construction, Inc., seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - No. Said motion passed with a 4 to 1 vote. 9.I. BID AWARD/IN HOUSE JANITORIAL SERVICES CONTRACT: Con- sider award of multiple bids to two vendors (Crystal Building Maintenance and Superior Service) to provide cleaning services for six buildings at a total cost of $77,844; rejection of the bids for the Water Treatment Plant, and authorization to obtain new quotes. Funding for the six buildings is available from various departmental accounts. Robert A. Barcinski, Assistant City Manager, explained that the bid specifications for cleaning services for City build- ings were rewritten this year to include performance measures on which to base quality of service. In addition to price, vendors were required to submit manning plans for the specified work for each building in order to determine if they had a group for the work to be performed and to be used in bid analysis. The bid specs were written so that bids could be awarded to one vendor for all buildings or separately for each building. In reviewing and analyzing the bid proposals, it was felt that in addition to price, bids needed to include references and contract informa- -8- 12/05/95 tion, manning plans, and training program information in order to be considered. Mr. Barcinski then presented a brief overview of the bid proposals. In conclusion, he recommended rejection of bids submitted by 5 Star Janitorial and Bright Maintenance, Inc. as being non-responsive based on staff analysis of manning pro- posals and per hour cost, and the award of cleaning bids to Crystal Building Maintenance (for City Hall, the City Attorney's Office, the Environmental Services Complex, the Police Station, and Police Substation), and to Superior Service (for Fire Station Headquarters). Further, Mr. Barcinski recommended rejecting all bids for the Water Treatment Plant and requested that staff be authorized to negotiate services for this facility with the two vendors awarded contracts and make a selection. Dr. Alperin moved to approve staff's recommendation as stated by Mr. Barcinski, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. 9.J. (ADDENDUM ITEM) REQUEST FOR STREET CLOSURE AND USE OF CITY PROPERTY/"LIGHT-UP DELRAY": Consider a request from the Centennial Delray Beach Committee for closure of S.W. 1st Street from the corner of South Swinton to past S.W. 1st Avenue, and use of the County owned parking lot at the northeast corner of S.W. 1st Avenue and S.W. 1st Street for the "Light Up Delray" festi- val. Mr. Ellingsworth moved to approve the request for street closure and use of City property for "Light-Up Delray", seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:00 p.m., the Commission moved to the duly advertised Public Hearing portion of the Agen- da. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 69-95: An ordinance adopting Comprehen- sive Plan Amendment 95-2, including two amendments to the Future Land Use Map (FLUM) as indicated below. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 69-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 95-2 PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT -9- 12/05/95 REGULATION ACT", FLORIDA STATUTES SECTIONS 163.3161 THROUGH 163.3243, INCLUSIVE; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT 95-2" AND INCORPORATED HEREIN BY REFERENCE; PROVID- ING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 69-95 is on file in the official Ordinance Book) 1. FLUM Amendment from County HR-8 (High Density Residential - 8 units per acre) and CH/8 (Commer cial High Intensity with a residential equivalent of 8 units per acre) to City Medium Density Resi dential 5-12 units per acre and Transitional for a 14.47 acre parcel of land known as the Spence Property, located on the west side of Military Trail, north of and adjacent to the L-33 canal, and approximately 1,400 feet north of Atlantic Avenue. (QUASI-JUDICIAL) 2. FLUM Amendments from Redevelopment Area #1 to Low Density Residential, General Commercial, Medium Density Residential, Community Facilities, or Open Space, as appropriate, to implement the provisions of the West Atlantic Avenue Redevelopment Plan for an approximate 110 acre area located on the north and south sides of Atlantic Avenue, between Swinton Avenue and 1-95. 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. The City Attorney stated that this item will be con- ducted 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 present testimony on this item. Mayor Lynch opened the public hearing. Job.~ W&lker, Project Coordinator, gave a brief overview of Comprehensive Plan Amendment 95-2, noting that it includes various text amendments as well as two amendments to the Future Land Use Map (FLUM) for the Spence property and the West Atlantic Avenue Redevelopment Area. Two of the text amendments are major issues; the first having to do with the establishment of a Trans- portation Concurrency Exception Area (TCEA) for the downtown, and the second having to do with the beach concession issue. -10- 12/05/95 Sharon Kinqston, owner of a beachfront business, stated she was opposed to any expansion of the existing concession which would allow for the sale of food or beverages. Kathy Stokes, 1220 Southways, referred to the language contained at Policy C-10.1 and stated that it had been her under- standing that the words "beach cabana concession portable shel- ter'' were to have been eliminated. Ms. Stokes further requested that the reference to "concessions" (plural) be changed to "con- cession" (singular) at Policy B-3.3. Frank Boyar, member of the Beach Property Owners' Association, expressed his opposition to allowing a shelter for the cabana concession, stating that they did not want to see any commercialization on the beach. Bill Wood, Executive Director of the Chamber of Com- merce, pointed out that the structure is small in size and is portable. He felt that the request was a reasonable one and would not set any kind of a negative precedent at the beach. Jean Beer, 945 Tropic Boulevard, was adamantly opposed to any commercialization on the beach and compared the portable structure to the ticket booth at Veterans Park. Joe Kamarata, 764 Avocet Road, also voiced his objec- tion to the structure on the beach. Linda Francios, representing Bandana Beach Services, clarified for the record that there is no intent to expand the beach concession to sell food and beverages. The request is simply for a basic structure to provide security and shelter for employees and storage for the rental items. Diana Sullivan, owner of a business located at 28 South Ocean Boulevard, expressed concerned about the possibility of the concession requesting further expansion in the future to where they would eventually be allowed to sell products on the beach. Harvey Brown Sr. stated that cabanas have been rented on the beach since 1947 and it has never been necessary to build any type of structure. He objected to the proposal to allow a shelter for the current beach concession. Banford Dana, owner of Bandana Beach Services, noted that the contract states that he is allowed storage space. He emphasized that he is not asking for anything other than a place to store his supplies and a place for security and protection from the elements. It is not his intent to sell items such as hot dogs, tee shirts, suntan lotion, etc. Mr. Dana noted that the structure will look similar to the lifeguard stations on the beach. -11- 12/05/95 Monty Helm, representing the Beach Property Owners, stated that the BPOA is adamantly opposed to any structure other than lifeguard stations on the beach. There being no one else who wished to give testimony on this item, the public hearing was closed. Mr. Ellingsworth moved to adopt Ordinance 69-95 on Second and FINAL Reading, with the deletion of "beach cabana concession portable shelter" from Coastal Management Element Policy C-10.i, and subject to the modification of Policy B-3.3. to read as follows: "The high quality of the Municipal Beach shall be retained through current use restriction programs. The beach concession, under contract with the City, may be allowed to provide certain limited recreational amenities for beach visi- tors. The services provided are limited to the rental of chairs, umbrellas, cabanas, and boogie boards. All other concessions shall be prohibited. Cooking on the beach shall be prohibited and litter law enforcement shall be strictly enforced except for publicly endorsed events." The motion was seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 10.B. ORDINANCE NO. 68-95: An ordinance annexing a 14.47 acre parcel of land known as the Spence Property and establishing initial zoning of RM (Medium Density Residential) District for 12.47 acres, and NC (Neighborhood Commercial) District for two acres. The subject property is located on the west side of Military Trail, north of and adjacent to the L-33 Canal, and approximately 1,400 feet north of Atlantic Avenue. 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. LEGISLATIVE AS TO ANNEXATION; QUASI-JUDICIAL AS TO ZONING. The City Manager presented Ordinance No. 68-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A 14.47 ACRE PARCEL OF LAND KNOWN AS THE SPENCE PROPERTY, LOCATED ON THE WEST SIDE OF MILITARY TRAIL, NORTH OF AND ADJACENT TO THE L-33 CANAL, AND APPROXI- MATELY 1,400 FEET NORTH OF ATLANTIC AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVID- ING FOR THE ZONING OF A 12.47 ACRE PORTION OF THE LAND TO RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT, AND A 2.0 ACRE PORTION OF THE LAND TO NC (NEIGHBORHOOD COMMERCIAL) DISTRICT; -12- 2/05/9s PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 68-95 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. The City Attorney stated that the initial zoning aspect of this petition 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. Mayor Lynch declared the public hearing open. Diane Dominguez, Planning Director, entered into the record the Planning and Zoning Department's file on this project and a listing of pertinent documents. She stated that the prop- erty is currently under the County's jurisdiction. The City will be applying the RM zoning designation to approximately 12.50 acres and the NC zoning designation to a two acre parcel at the southeast corner of the site. The Planning and Zoning Board held a public hearing on this item and recommended approval at its meeting of August 28, 1995. There being no one else who wished to give testimony on this item, the public hearing was closed. Dr. Alperin moved to adopt Ordinance 68-95 on Second and FINAL Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 10.C. ORDINANCE NO. 76-95: An ordinance annexing to the City a 27.76 acre parcel of land known as the Hardrives property. The subject property is located on the east and west sides of Con- gress Avenue, approximately 1000' south of Linton Boulevard. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 76-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A 27.76 ACRE PARCEL OF LB_ND KNOWN AS THE HARDRIVES PROPERTY, LOCATED APPROXIMATELY 1,000 FEET SOUTH OF LINTON BOULEVARD ON THE EAST AND WEST SIDES OF CONGRESS AVENUE, AS MORE PARTICULARLY -13- 12/05/95 DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 76-95 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. The public hearing was closed. Dr. Alperin moved to adopt Ordinance No. 76-95 on Second and FINAL Reading, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. (1) Proposed Annexation Agreement. The City Attorney noted that there has been a change on page 9 of the proposed annexation agreement with respect to whether Palm Beach County or the City would be the permitting authority based upon the application date for the permit. The modification should read, "... provided, however, in the event City's requirements are more restrictive than those of Palm Beach County in effect on the application date for the permit for such work, then the County's restrictions then in effect shall apply to the property for all such repair, maintenance, enlargement and expansion activities relating to the uses provided in paragraph 5 of this agreement." Dr. Alperin moved to approve the Annexation Agreement between George T. Elmore, as Trustee, and the City, with the amendment stated by the City Attorney. The motion was seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. 10.D. ORDINANCE NO. 77-95: An ordinance providing for a Small Scale Future Land Use Map Amendment from County Industrial to City Transitional, and establishing initial zoning of POC (Planned Office Center) District for a 6.72 acre portion of the Hardrives property located on the west side of Congress Avenue, approximately 1,600 feet south of Germantown Road. 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) -~4- 12/05/95 The City Manager presented Ordinance No. 77-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE FUTURE LAND USE MAP DESIGNATION FROM COUNTY "INDUSTRIAL" TO CITY "TRANSI- TIONAL'', AND ESTABLISHING INITIAL ZONING OF POC (PLANNED OFFICE CENTER) DISTRICT, FOR A 6.52 ACRE PARCEL OF LAND LOCATED ON THE WEST SIDE OF CONGRESS AVENUE, APPROXIMATELY 1,600 FEET SOUTH OF GERMANTOWN ROAD, AS THE SAME IS MORE PARTICULARLY DESCRIBED HERE- IN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOP- TION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 77-95 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. The City Attorney stated that this item will be con- ducted as a quasi-judicial hearing which allows for presentations by all involved parties, the admission of documents into the record and public testimony. Mayor Lynch declared the public hearing open. Diane Dominguez, Planning Director, entered into the record the Planning and Zoning Department's file on this project and a listing of pertinent documents. The Planning and Zoning Board considered this item at public hearing on November 20, 1995 and recommended approval. There being no one else who wished to give testimony on this item, the public hearing was closed. Mr. Randolph moved to adopt Ordinance No. 77-95 on Second and FINAL Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 10.E. ORDINANCE NO. 78-95: An ordinance providing for a Small Scale Future Land Use Map Amendment from County Industrial to City Industrial, and establishing initial zoning of I (Indus- trial) District for a 7.93 acre portion of the Hardrives property located on the east side of Congress Avenue, approximately 400 feet south of Germantown Road. 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) -15- 12/05/95 The City Manager presented Ordinance No. 78-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE FUTURE LAND USE MAP DESIGNATION FROM COUNTY "INDUSTRIAL" TO CITY "INDUSTRIAL", AND ESTAB- LISHING INITIAL ZONING OF I (INDUSTRIAL) DISTRICT, FOR A 7.93 ACRE PARCEL OF LAND LOCATED ON THE EAST SIDE OF CONGRESS AVENUE, APPROXIMATELY 400 FEET SOUTH OF GERMANTOWN ROAD, AS THE SAME IS MORE PARTICULARLY DE- SCRIBED HEREIN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 78-95 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. The City Attorney stated that this item will be con- ducted 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. Mayor Lynch declared the public hearing open. Diane Dominguez, Planning Director, entered into the record the Planning and Zoning Department's file on this project and a listing of pertinent documents. The Planning and Zoning Board considered this item at its meeting of November 20, 1995 and recommended approval. There being no one else who wished to give testimony on this item, the public hearing was closed. Mr. Ellingsworth moved to adopt Ordinance No. 78-95 on Second and FINAL Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. (1) CONDITIONAL USE REOUEST/COMMUNICATION TOWER FOR F~%RDRIVES: Consider a request for conditional use approval to establish a communication tower for Hardrives, Inc. The subject -16- 12/05/95 property is located on the east side of Congress Avenue, approxi- mately 400 feet south of Germantown Road, and is zoned I (Indus- trial) District. (QUASI-JUDICIAL) The City Attorney stated that this item will be con- ducted 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 on this project and a listing of pertinent documents. The proposal is to install a 450 ft. communication tower on the east side of Congress Avenue to replace the three existing towers which are located on the west side of Congress Avenue. The new tower will be located further away from the residential area and will visually have less of an impact. Ms. Dominguez noted a change to one of the original conditions of approval (i.e. that any proposal to add fixtures be processed as a non-impacting site plan modification). She noted that this language needs to be changed in order to be consistent with the language in the annexation agreement. Alice Finst, 707 Place Tavant, expressed concern about potential negative impacts of the tower to the residential neigh- borhood. Mayor Lynch explained that the three existing towers on the west side of Congress Avenue will be removed and will be replaced by one 450 ft. tower which will be located on the east side of Congress Avenue closer to 1-95 and further away from any residential development. Jeff Lis, representing the property owner, stated that he had reviewed the list of conditions of approval as outlined in the staff report. He asked for clarification relative to Items (A) and (F) as he felt these issues were already addressed in the annexation agreement. The public hearing was closed. Discussion ensued. The City Attorney noted that the change is specifically worded in the annexation agreement as to whether or not the change would be considered as a non-impacting or minor site plan modification. Ms. Dominguez pointed out that the issue of the land- scape buffer Item (F) was already covered in the annexation agreement. However, she agreed that the language needed to be changed in Item (E) . -17- 12/05/95 After discussion, there was a consensus that the word- ing for Item (E) be changed to reflect the following: "any pro- posal to install large Tiffany type fixtures shall be processed as a minor site plan modification". Also, that Item (B) be modified to reflect that within 90 days of the tower's installa- tion, the existing towers on the west side are to be removed. During the 90 days, customers are to be transferred from the 3 towers to the one tower. Dr. Alperin moved approval of the conditional use request for the communication tower for Hardrives subject to the following modifications: that Condition Item (B) be changed to reflect the following: "within 90 days of the tower's installa- tion, the existing towers on the west side are to be removed. During the 90 days, customers are to be transferred from the 3 towers to the one tower"; and, that Item (E) be changed to re- flect "any proposal to install large Tiffany type fixtures shall be processed as a minor site plan modification", seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 10.F. ORDINANCE NO. 79-95: An ordinance providing for a Small Scale Future Land Use Map Amendment from Open Space to Transitional for a 3.01 acre portion of the Lakeside at Centre Delray office development, located on the south side of Germantown Road between S.W. 22nd Avenue and Congress Avenue. 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) The City Manager presented Ordinance No. 79-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE FUTURE LAND USE MAP DESIGNATION IN THE COM- PREHENSIVE PLAN FOR A 3.01 ACRE PORTION OF LAKESIDE AT CENTRE DELRAY (OFFICE DEPOT), AS MORE PARTICULARLY DESCRIBED HEREIN, FROM OPEN SPACE TO TRANSITIONAL; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE MAP AMENDMENTS; PROVID- ING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 79-95 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. -18- 12/05/95 The City Attorney stated that this item will be con- ducted as a quasi-judicial hearing which allows for presentations by all involved parties, the admission of documents into the record and public testimony. Mayor Lynch declared the public hearing open. Diane Dominguez, Planning Director, entered into the record the Planning and Zoning Department's file on this project and a listing of pertinent documents. The Planning and Zoning Board considered this item at its meeting of November 20, 1995 and recommended approval. The public hearing was closed. Mr. Randolph moved to adopt Ordinance No. 79-95 on Second and FINAL Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mrs. Smith Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 10.G. ORDINANCE NO. 67-95: SECOND PUBLIC HEARING for an ordinance amending Section 4.4.22, "Open Space (OS) District", of the Land Development Regulations by adding limited beach conces- sions to Section 4.4.22(C), "Accessory Uses and Structures Al- lowed" Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 67-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.22, "OPEN SPACE (OS) DISTRICT" SUBSECTION 4.4.22(C), "ACCESSORY USES AN~ STRUCTURES ALLOWED", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY ADDING "BEACH CABANA CONCESSION, UNDER CON- TRACT WITH THE CITY, LIMITED TO THE RENTAL OF CHAIRS, UMBRELLAS, CABANAS, AND BOOGIE BOARDS", AS AN ACCESSORY USE, PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 67-95 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 Lynch declared the public hearing open. -19- 12/05/95 Kathy Stokes, 1220 Southways, requested a conforming change to Section 4.4.22(C) (7) to indicate singular (i.e. "a beach cabana concession ..."). The public hearing was closed. Mrs. Smith moved to adopt Ordinance No. 67-95 on Second and FINAL Reading, as amended, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. 10.H. ORDINANCE NO. 72-95: SECOND PUBLIC HEARING for an ordinance amending Section 4.4.9, "General Commercial (GC) Dis- trict'', of the Land Development Regulations by adding limited beach concessions to Section 4.4.22(C), "Accessory Uses and Structures Allowed". The City Attorney read the caption of the ordinance. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 72-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT", OF THE LAND DEVELOPMENT REGULA- TIONS OF THE CITY OF DELRAY BEACH, BY INCOR- PORATING USE RESTRICTIONS AND DEVELOPMENT STANDARDS TO BE APPLIED IN THE WEST ATLANTIC AVENUE OVERLAY DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 72-95 is on file in the official Ordinance Book) Assistant City Attorney David Tolces read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Ellingsworth moved to adopt Ordinance No. 72-95 on Second and FINAL Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 10.I. ORDINANCE NO. 70-95: An ordinance amending LDR Section 4.3.4(H) (6) (a), "Special Building Setbacks", by deleting the special setback requirement along West Atlantic Avenue extending from Swinton Avenue to the 1-95 Interchange (associated with the West Atlantic Avenue Redevelopment Plan). Prior to consideration -20- 12/05/95 of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 70-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 403.4(H) (6) (a), "SPECIAL BUILDING SETBACKS", OF THE LAND DEVELOPMENT REGULA- TIONS OF THE CITY OF DELRAY BEACH, BY DELET- ING THE SPECIAL SETBACK REQUIREMENT ALONG WEST ATLANTIC AVENUE EXTENDING FROM SWINTON AVENUE TO THE 1-95 INTERCFLANGE; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 70-95 is on file in the official Ordinance Book) Assistant City Attorney Tolces read the caption of the ordinance. A public hearing was held having been legally adver- tised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mrs. Smith moved to adopt Ordinance No. 70-95 on Second and FINAL Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth Yes. Said motion passed with a 5 to 0 vote. 10.J. ORDINANCE NO. 71-95: An ordinance amending LDR Section 4.3.4(J) (4) (b) (i) by modifying the boundaries of the geographic area along Atlantic Avenue in which increases to height regula- tions may be approved by the City Commission (associated with the West Atlantic Avenue Redevelopment Plan). Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 71-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.3.4(J) (4), "INCREASES TO HEIGHT REGULATIONS", SUBPARAGRAPH 4.3.4(J) (4) (b) (i), OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY MODIFYING THE BOUND- ARIES OF THE GEOGRAPHIC AREA ALONG ATLANTIC AVENUE IN WHICH INCREASES TO HEIGHT REGULA- TIONS MAY BE APPROVED BY THE CITY COMMISSION; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. -21- 12/05/95 (Copy of Ordinance No. 71-95 is on file in the official Ordinance Book) Assistant City Attorney Tolces read the caption of the ordinance. A public hearing was held having been legally adver- tised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Randolph moved to adopt Ordinance No. 71-95 on Second and FINAL Reading, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 10.K. ORDINANCE NO. 73-95: An ordinance amending Article 4.5, "Overlay and Environmental Management Districts", of the Land Development Regulations by enacting Section 4.5.6, "The West Atlantic Avenue Overlay District". Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 73-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ARTICLE 4.5, "OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTS" OF THE LAND DEVELOP- MENT REGULATIONS OF T~E CITY OF DELRAY BEACH, BY ENACTING SECTION 4.5.6, "THE WEST ATLANTIC AVENUE OVERLAY DISTRICT"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 73-95 is on file in the official Ordinance Book) Assistant City Attorney Tolces read the caption of the ordinance. A public hearing was held having been legally adver- tised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Randolph moved to adopt Ordinance No. 73-95 on Second and FINAL Reading, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch Yes. Said motion passed with a 5 to 0 vote. 10.L. ORDINANCE NO. 74-95: An ordinance amending LDR Section 4.6.9(E) (3), "In-Lieu Fee", by adding the General Commercial (GC) zoning district (West Atlantic Avenue Overlay District) as an area in which the City Commission may approve the payment of a fee in lieu of providing required parking. Prior to considera- -22- 12/05/95 tion of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 74-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.6.9(E) (3), "IN-LIEU FEE", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY ADDING THE WEST ATLANTIC AVENUE OVERLAY DISTRICT WITHIN THE GENERAL COMMERCIAL (GC) ZONING DISTRICT AS AN AREA IN WHICH THE CITY COMMISSION MAY APPROVE THE PAYMENT OF A FEE IN LIEU OF PROVIDING RE- QUIRED PARKING; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 74-95 is on file in the official Ordinance Book) Assistant City Attorney Tolces read the caption of the ordinance. A public hearing was held having been legally adver- tised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mrs. Smith moved to adopt Ordinance No. 74-95 on Second and FINAL Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - No; Mr. Randolph - Yes; Mayor Lynch - No; Mrs. Smith - Yes. Said motion passed with a 3 to 2 vote. 10.M. ORDINANCE NO. 75-95: An ordinance rezoning certain parcels of land from GC (General Commercial) to R-1-A (Single Family Residential) District; from GC (General Commercial) to RM (Medium Density Residential) District; from R-1-A (Single Family Residential) to GC (General Commercial) District; from RM (Medium Density Residential) to GC (General Commercial) District; and from GC (General Commercial) to OS (Open Space) District; all associated with the implementation of the West Atlantic Avenue Redevelopment Plan. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 75-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING CERTAIN PARCELS OF LAND, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM GC (GENERAL COMMER- CIAL) TO R-1-A (SINGLE FAMILY RESIDENTIAL) DISTRICT, FROM GC (GENERAL COMMERCIAL) TO RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT, FROM -23- 12/05/95 R-1-A (SINGLE FAMILY RESIDENTIAL) TO GC (GENERAL COMMERCIAL) DISTRICT, FROM RM (MEDI- UM DENSITY RESIDENTIAL) TO GC (GENERAL COM- MERCIAL) DISTRICT, AND FROM GC (GENERAL COMMERCIAL) TO OS (OPEN SPACE) DISTRICT; ALL AS REQUIRED TO IMPLEMENT THE WEST ATLANTIC AVENUE REDEVELOPMENT PLAN PURSUANT TO FUTURE LAND USE ELEMENT POLICY C-2.4 OF THE COMPRE- HENSIVE PLAN; SAID LAND BEING GENERALLY LOCATED ON THE NORTH AND SOUTH SIDES OF ATLANTIC AVENUE, BETWEEN SWINTON AVENUE AND INTERSTATE-95; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 75-95 is on file in the official Ordinance Book) Assistant City Attorney Tolces read the caption of the ordinance. A public hearing was held having been legally adver- tised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Ellingsworth moved to adopt Ordinance No. 75-95 on Second and FINAL Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 10.N. ORDINANCE NO. 80-95: An ordinance amending Section 4.4.13 of the Land Development Regulations to allow multi-family residential dwelling units as a permitted use within the Central Business District (CED), with a maximum density of 12 units per acre within the Coastal High Hazard Area which lies east of N.E. 7th Avenue, and a maximum density of 30 units per acre in the remainder of the CED. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 80-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", OF THE LAND DEVELOPMENT REGULA- TIONS OF THE CITY OF DELRAY BEACH, TO ALLOW MULTI-FAMILY RESIDENTIAL DWELLING UNITS AS A PERMITTED USE WITHIN THE CED, WITH A MAXIMUM DENSITY OF 30 UNITS PER ACRE WEST OF N.E. 7TH AVENUE AND 12 UNITS PER ACRE EAST OF N.E. 7TH AVENUE; PROVIDING FOR THE REGULATION THEREOF; -24- ~2/05/95 PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 80-95 is on file in the official Ordinance Book) Assistant City Attorney Tolces read the caption of the ordinance. A public hearing was held having been legally adver- tised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mayor Lynch stated that he would abstain from voting on this issue. Dr. Alperin moved to adopt Ordinance No. 80-95 on Second and FINAL Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - No; Mr. Randolph - Yes. Said motion passed with a 3 to 1 vote. 11. Comments and Inquiries on Non-Aqenda Items from the Public-Immediately followinq Public Hearings. 11.A. City Manaqer's response to prior public comments and inquiries. There were no inquiries or comments made at the last meeting requiring a response. 11.B. From the Public. 11.B.1. Joe Kamarata, 764 Avocet Road, thanked the City for installing speed bumps on Carl Bolter Drive which has helped to slow traffic. Mr. Kamarata reported a pot hole located on the east lane of Federal Highway, northbound between Linton and Lindell Boulevards. Mr. Kamarata suggested that the speed limit sign locat- ed at 738 Avocet Road be relocated for better visibility, possi- bly to the church parking lot across the street from his proper- ty. Mr. Kamarata requested increased Police patrols in the area of Avocet Road in the Tropic Palms subdivision for better enforcement of the speed limit. Mr. Kamarata commented on the poor condition of the pavement on S.E. 2nd Avenue, just south of Atlantic Avenue. In response, the City Manager stated that S.E. 2nd Avenue is on the list of streets to be resurfaced this year. In -25- 12/05/95 regard to Mr. Kamarata's other requests, he will have staff check into the matters. 12. FIRST READINGS: 12.A. ORDINANCE NO. 81-95: An ordinance providing for a Small Scale Future Land Use Map amendment from Transitional to General Commercial, and rezoning from POC {Planned Office Center) District to GC (General Commercial) District for a 0.68 acre parcel of land located at the southwest corner of Linton Boule- vard and Congress Avenue. If passed, public hearing January 9, 1996. The City Manager presented Ordinance No. 81-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE FUTURE LAND USE MAP DESIGNATION FROM TRANSI- TIONAL TO GENERAL COMMERCIAL, AND REZONING FROM POC (PLANNED OFFICE CENTER) DISTRICT TO GC (GENERAL COMMERCIAL) DISTRICT, FOR A PARCEL OF LAND LOCATED AT THE SOUTHWEST CORNER OF LINTON BOULEVARD AND CONGRESS AVENUE, AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 81-95 is on file in the official Ordinance Book) Although this was not a public hearing, Mayor Lynch opened the floor for public comment. David Felton, representing the property owners, stated that the purpose of the land use change and rezoning is to accom- modate a gasoline station and convenience store. Diane Dominguez, Planning Director, stated that the Planning and Zoning Board considered this item at public hearing on November 20, 1995 at which time they recommended approval. She noted that the issue being considered this evening is that of land use and zoning. If approved, it is anticipated that a conditional use request to establish a gasoline service station with convenience store will follow. The Planning Director stated that staff recommends denial due to three areas of concern: (1) the request is incon- sistent with some of the policies of the Comprehensive Plan regarding the commercialization of intersections; (2) the GC land use and zoning allows a higher intensity and use than that which -26- 12/05/95 is currently allowed and will increase the traffic potential in an already congested area; and (3) the use is not compatible with adjacent residential development. She noted that the Planning and Zoning Board felt that the size of the site does not lend itself to office development. Concerns were expressed regarding increased traffic volumes on Linton Boulevard, congestion at the Linton/Congress intersection and the potential U-turns which will have to be made to get to this site. The Community Redevelopment Agency supports the proposal due to the fact that they would like the majority of new office development to be directed to the downtown area. At this point discussion ensued regarding potential uses which would be allowed and the appropriate zoning classifi- cation for the site. Mr. Felton stated that although he realized it is not legally binding, his clients plan to build a service station and convenience facility on the subject property and that is their only intent. Mr. Dan Burns, contract purchaser, stated for the record that his only intent is to build a service station. Should the request for land use change and rezoning be approved and he were to receive an offer to sell the property, he would not be interested in any profit and would proceed with building the service station. Further, that he is very much concerned with the well being of the City and he does not want to see another fast food restaurant at this location. Lillian Feldman, resident of the Pines of Delray, expressed concern about the convenience store aspect of the proposal. She stated for the record that not only is she repre- senting the Pines of Delray, but all of the residents who live along Linton Boulevard and Military Trail. After discussion, Mr. Ellingsworth moved to approve Ordinance No. 81-95 on FIRST Reading, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 12.B. ORDINANCE NO. 82-95: An ordinance rezoning a 5 acre parcel of land from RM (Medium Density Residential) to CF (Commu- nity Facilities) District for expansion of an existing elementary school. The subject property is located at the southeast corner of S.W. 10th Street and S.W. 7th Avenue (west of and adjacent to Pine Grove Elementary School). If passed, public hearing January 2, 1996. The City Manager presented Ordinance No. 82-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND -27- 12/05/95 PLACING LAND PRESENTLY ZONED RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT IN THE CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING LOCATED AT THE SOUTHEAST CORNER OF S.W. 10TH STREET AND S.W. 7TH AVENUE, IMMEDIATELY WEST OF AND ADJACENT TO PINE GROVE ELEMENTARY SCHOOL; AS MORE PARTICULARLY DESCRIBED HERE- IN; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 82-95 is on file in the official Ordinance Book) Dr. Alperin moved to approve Ordinance No. 82-95 on FIRST Reading, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. 12.C. ORDINANCE NO. 83-95: An ordinance amending Sections 2.2.3(D), 2.2.6(D) (6) and 4.6.16(C) (2) of the LDRs by assigning authority to grant waivers to the provisions of the landscape code to the Site Plan Review and Appearance Board or the Historic Preservation Board, as appropriate. If passed, public hearing January 2, 1996. The City Manager presented Ordinance No. 83-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 2.2.3, "THE SITE PLAN REVIEW AND APPEARANCE BOARD" SECTION 2.2.6, "THE HIS- TORIC PRESERVATIO~ BOARD", SUBSECTION 4.6.16, "LANDSCAPE REGULATIONS", SUBSECTION 4.6.16(C), "COMPLIANCE AND RELIEF", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY ASSIGNING THE AUTHORITY TO GRANT WAIVERS TO LANDSCAPE REGULATIONS TO THE SITE PLAN REVIEW AND APPEARANCE BOARD AND THE HISTORIC PRESERVATION BOARD, AS APPROPRIATE; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 83-95 is on file in the official Ordinance Book) Dr. Alperin moved to approve Ordinance No. 83-95 on FIRST Reading, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Ran- dolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. -28- 12/05/95 At this point, Mayor Lynch announced that there is a need for individuals to offer their homes to house tennis players during the Sunshine International Junior Tennis Tournament which will be held at the Tennis Center December 10 through 17th, 1995. He noted that there are 3 countries remaining out of 30 which have not had a home offered for their players. Also, that some literature is available for anyone who may be interested in offering their home during this time. 13. Comments and Inquiries on Non-Aqenda Items. 13.A. City Manager stated that he had received a letter from Walgreens which points out that Christmas Eve and New Year's Eve both fall on Sundays this year, and that Sunday is the day that alcoholic beverages cannot be sold until noontime. Walgreens is requesting that some sort of exception be granted so that their beverage store could be opened at 9:00 a.m. on both December 24 and December 31, 1995. The City Manager reported that the only way this could be done would be through the waiver process which requires advanced advertising and a public hearing. This would necessitate a special meeting since there is not enough time to advertise before the last regularly scheduled meeting of the year. Or, in lieu of the waiver process, the Commission could declare an emergency in order to act on the request if the Com- mission wished to take action. After brief consideration, it was the consensus of the Commission to not take any special action to accommodate the request for an exception since it would not be viewed favorably. Mayor Lynch asked that the City Manager so notify Walgreens. 13.B. City Attorney announced the engagement of David Tolces, Assistant City Attorney, who plans to be married in June, 1996. 13.C. City Commission. 13.C.1. Mrs. Smith pointed out that during the discussion earlier this evening regarding the change order for the golf course clubhouse (Item 9.F.), a comment was made to the effect that the Fire Inspectors were getting very strict. She noted that she was aware of one particular alarm company who is consid- ering going out of the alarm business due to tougher regulations. Mrs. Smith suggested that perhaps the Commission should review this issue because the regulations may be too severe. Mr. Randolph stated that he appreciated Mrs. Smith's concerns; however, he was a bit hesitant as he felt it was impor- tant to catch potenti~1 problems before they occur in the inter- est of public safety. 13.C.2. Dr. Alperin felt that The Legends Tournament and the accompanying concerts which were held at the Tennis Center Novem- ber 30 through December 3, 1995 were a tremendous success. -29- 12/05/95 Dr. Alperin reported that Dr. Daniel Alfonso, Principal of Pine Grove Elementary School, has been promoted and will be leaving the school for a new assignment. Dr. Alperin commented that this change is very upsetting to him personally as he feels Dr. Alfonso has done an excellent job. He felt that the Commis- sion should make the School Board aware that the City is knowl- edgeable of this change and how important this school is to the community. Dr. Alperin also suggested that each member of the Commission contact the new principal when he or she is assigned to Pine Grove in January of 1996. Dr. Alperin commented that the Education Board will be losing a key member who has taken a new job. He suggested the news media assist in helping to find qualified applicants to apply to this Board. 13.C.3. Mr. Ellinqsworth complimented Assistant City Manager Bob Barcinski on his editorial concerning magnet schools which appeared in this morning's issue of The Palm Beach Post. Mr. Ellingsworth felt that the Legends Tournament and accompanying concerts were a tremendous success and hoped they would return to the City next year. Mr. Ellingsworth commented that he had recently spoken with an individual who had made a pledge to the FAMU Marching Band, and this person indicated that no one has contacted him about collecting the pledge. Mr. Ellingsworth asked the City Manager to check to see if those individuals who had made pledges were ever contacted for their payments. 13.C.4. Mr. Randolph noted that the Commission's next regular meeting is scheduled for January 2, 1996, and that he would not be able to attend the meeting. He asked if there may be a prob- lem with having a quorum in view of the holiday season and sug- gested the possibility of rescheduling the meeting. After discussion, it was the consensus of the Commis- sion to reschedule the Commission's meeting dates for January, 1996, as follows: Regular Meeting - January 9th Workshop meeting - January 16th Regular Meeting - January 23rd In addition, the consensus was to hold the Annual Town Meeting on Tuesday, January 30, 1996 (tentative date). Mr. Randolph suggested that there could be better marketing for future events at the Tennis Stadium. He felt that the recent Legends Tournament and the accompanying concerts did not receive sufficient advertising as many of the City's citizens were not aware of the event. -30- 12/05/95 It was suggested by Mayor Lynch that Leadership Cable, along with the news media, could assist in this regard. The City Manager stated that Palm Acts, Inc., had commented that the marketing of the entertainment associated with the Legends Tournament had been weak and that they plan to do stronger marketing for future events. 13.C.5. Mayor Lynch announced that the Sunshine Cup (Junior Boy's Annual International Tennis Tournament) will be held during the week of December 10 through December 17, 1995. It was noted by Mayor Lynch that the City has received a letter from County Commissioner Mary McCarty regarding the removal of the concrete barricade on the Linton Boulevard Bridge. The City Manager explained that the County's Engineer is agreeable to removing the concrete barrier on the north side of the bridge to facilitate travel off the barrier island should there be the need to evacuate. However, the County's Engineering staff verified that the traffic does not warrant six-laning of the bridge at this time, and the preference is to allow the concrete barrier to remain on the south side in consideration of the cyclists. Commissioner McCarty asked that the City Commis- sion consider this proposal and get back to her with a response. The Commission concurred to accept the County's propos- al unless Highland Beach is opposed, in which case the City Commission would reconsider the issue. Mayor Lynch stated that a member of the City Commission of Boca Raton had contacted him regarding the newly formed South County Gang Prevention Program and asked if Delray Beach would be interested in participating in this program. They are hoping for the participation of Boca Raton, Delray Beach, Boynton Beach and the unincorporated areas west of these three cities. The pro- gram, based on Broward County's, will focus on this area's prob- lems and would be more effective if all three cities are working together. Mayor Lynch asked the City Manager to have the Police Department contact Boca about our participation. There being no further business, Mayor Lynch declared the meeting adjourned at 9:00 p.m. - ' ICily C~e~k ' ' ATTE~ -31- 12/05/95 The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the min- utes of the meeting of said City Commission of December 5, 1995, which minutes were formally approved and adopted by the City Commission on ~-/'~L~B~ g /9~ -- -Cit~ Cle~kJ - NOTE TO READER: If the minutes you have received are not completed as indicated above, then they are not the official minutes of the City Commis- sion. They will become the official minutes only after review and approval which may involve some amendments, additions or deletions to the minutes as set forth above. -32- 12105195