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12-07-93 DECEMBER 7, 1993 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 7, 1993. 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 To Harden and City Attorney Susan A.Ruby 2. The opening prayer was delivered by Reverend David Cubbage, Associate Pastor of Cason United Methodist Church. 3o The Pledge of Allegiance to the flag of the United States of America was given. 4. Agenda approval. Mr. Ellingsworth moved approval of the agenda, 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: Mr. Ellingsworth moved approval of the minutes of the Regular Meeting of November 23, 1993, 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. 6. Proclamations: None. 7. Presentations: 7.A. Site Plan Review and Appearance Board Recognition Awards Program. Jess Sowards, Chairman of the Site Plan Review and Appearance Board, announced that this is the second annual SPRAB Awards recognition program. On behalf of the Site Plan Review and Appearance Board, he expressed appreciation to the City Commission for allowing them to make a presentation to the build- ing owners and design professionals for their ongoing commitment of aesthetic contributions to the All America City. The awards presented tonight will be given to those projects that received a Certificate of Occupancy during the past year from October 1992 through September 1993. The two new categories added this year are "Municipal Buildings" and "Best Improvement" A framed certificate was presented to each of the recipients for their outstanding contribution to the City. Jerry Taylor, representing the Delray Beach Chamber of Commerce, added congratulations to the award winners. He also brought congratulations and appreciation from Palm Beach County Commissioner, Mary McCarty. 7.B. Suzanne Jacobs - "All America City" Suzanne Jacobs, Representative for the House of Repre- sentatives of the State of Florida, stated she was thrilled to be a part of the ceremony in the Rose Garden at the White House with the President of the United States. She presented House Resolu- tion No. 103C, .by Representative Jacobs, commending the City,of Delray Beach, the only City in the State of Florida, for being named the 1993 All America City. 7.C. Matt Gracey and Tina Dale - Florida Tennis Association Matt Gracey stated that recently the Delray Beach Tennis Patrons Association was formed, which is a support group, to try to get a youth tennis program started. The goal is to put 250 children, from all neighborhoods, through a free eight-week summer program that is to commence just after the close of the school year. Those children most interested from this program would then comprise a Junior Tennis League and, subsequently, could be placed into tennis academies located in various areas to learn if college scholarships might be attained. Ed Foster, Director of the Tennis Center, stated there is currently a great tennis boom and he feels it is mostly due to the beautiful facility the City now has. This program will be for children from the ages of five through sixteen years. It will be necessary to raise funds, but he feels that can be done. Tina Dale, Director of Marketing and Community Develop- ment for the Florida Sector of the USTA, stated she believes the most important focus of the USTA is the program dedicated to grass roots tennis and the promotion of community tennis associa- tions. The Delray Beach Tennis Patrons and the City of Delray Beach have agreed to adopt the USTA and JTL program to start in the summer of 1994 at the Delray Beach Tennis Center. Soliciting for enrollment through an organized system of schools, clinics and assemblies will begin in March of 1994 and continue through- out the school year. The summer budget is approximately $15,000 for the Delray Beach Tennis Patrons Association. Six adult -2- 12/7/93 tournament fund raisers will be held, donations will be solicited from local civic groups, a patron membership drive will be con- ducted and a local merchant program. The main fund raiser will be a cocktail party and silent auction to be held February 28, 1994, the opening night of the Virginia Slims Tennis Tournament. Mr. Gracey requested an amount of $1,000 from the Commission to help seed the program. Mayor Lynch asked the City Manager to place this re- quest on an upcoming agenda for consideration by the Commission. 8. Consent Agenda: City Manager recommends approval. The following items were considered by the Commission as the Consent Agenda: TEMPORARY USE AGREEMENTS/PALM BEACH ~OUNT¥; Authorize the Mayor to execute two temporary use agreements with Palm Beach County for the use of Lake Ida Park, 200 West Atlantic Avenue and 32-52 S.W. 1st Avenue for parking during the Virginia Slims Tennis Tournament. .~ 8.B. ACCEPTANCE OF AN EASEMENT DEED: Accept an easement deed from the Church of the Nazarene located at 6579 Country Wood Way for the purpose of installing, operating and maintaining water and sewer lines on the church property. 8.C. GRANTING OF EASEMENT DEEDS; Grant easement deeds to Florida Power and Light for the installation of FPL utilities at the Tennis Center, Fire Station No. 5, Central Fire Station, Veterans Park and the Booster Master Pump Station. 8.D, FINAL PLAT/CHECKERS RESTAURANT; Approve the final boundary plat for Checkers Restaurant located at 450 West Atlan- tic Avenue. 8,E, CHANGE ORDER NO. 1 AND REOUEST FOR FINAL P~YMENT/WIDELL ASSOCIATES. INC.: Approve a deduct change order in the net amount of $36,025.85 which extends the contract completion date by 108 days and a request for final payment in the amount of $37,683.58 from Widell Associates for completion of the Lift Station Rehabilitation Project (Lift Station 19A, 20A and 23), with funding from Water and Sewer Renewal and Replacement Lift Station Conversion to Submersible (Account No. 442-5178-536-61.83). 8.F. ADDENDUM NO. 4 TO LEASE AGREEMENT WITH BUCKY DENT BASEBALL SCHOOL: Approve an addendum to the lease agreement with Bucky Dent Baseball School which provides for new responsibili- ties and obligations regarding the maintenance of fields at Miller Park, Currie Commons, and the construction of a major league baseball field and multi-purpose auxiliary field at Miller Park. -3- 12/7/93 Mr. Ellingsworth moved approval of 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. 9. Regular Agenda: 9,A. STANDARD AGREEMENTS/TEACHING TENNIS PROFESSIONALS: Approve a standard agreement form to be used to contract teach- ing tennis professionals and authorize the City Manager to ap- prove individual agreements. City Manager recommends approval. Dr. Alperin moved approval, 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. 9,B. THIS ITEM WAS REMOVED FROM THE AGENDA. 9,C. RESOLUTION NOt 108-93: A resolution amending and restating ~Resolution No. 98-93 which authorized the issuance ~f not to exceed 8610,000 in aggregate principal amount of Utility Tax Revenue Notes pursuant to a line of credit made available through Sun Bank to increase .the aggregate principal amount to $810,000. City Manager recommends approval. The City Manager explained that this allows for the additional temporary financing needed for the Tennis Center and the Pompey Park pool. The City Manager presented Resolution No. 108-93: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING AND RESTATING RESOLUTION NO. 98-93 ENTITLED "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $610,000 IN AGGRE- GATE PRINCIPAL AMOUNT OF UTILITIES TAX REVE- NUE NOTES, SUBORDINATE SERIES 1993, OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO A LINE OF CREDIT MADE AVAILABLE THROUGH SUN BANK/SOUTH FLORIDA, N.A., FOR THE PURPOSE OF PROVIDING SHORT TERM FINANCING FOR THE COSTS OF TENNIS COURTS AND RELATED FACILITIES, THE REHABILITATION AND RECONSTRUCTION OF POMPEY PARK POOL AND TO PAY THE COSTS OF ISSUANCE THEREOF; PROVIDING FOR THE TERMS AND PAYMENT OF SAID UTILITIES TAX REVENUE NOTES, SUBORDI- NATE SERIES 1993, AND THE RIGHTS, REMEDIES AND SECURITY OF THE OWNERS THEREOF; MAKING CERTAIN COVENANTS RELATING TO THE ISSUANCE OF SAID UTILITIES TAX REVENUE NOTES, SUBORDINATE -4- 12/7/93 SERIES 1993; AUTHORIZING THE PROPER OFFICERS OF THE CITY TO DO ALL OTHER THINGS DEEMED NECESSARY OR ADVISABLE IN CONNECTION WITH THE ISSUANCE OF SAID NOTES; AND PROVIDING FOR AN EFFECTIVE DATE"; TO PROVIDE FOR THE AUTHOR- IZATION TO ISSUE NOT TO EXCEED $810,000 IN AGGREGATE PRINCIPAL AMOUNT OF UTILITIES TAX REVENUE NOTES, SUBORDINATE SERIES 1993; AND PROVIDING FOR AN EFFECTIVE DATE. (Copy of Resolution No. 108-93 is on file in the offi- cial Resolution Book) Dr. Alperin moved for the adoption of Resolution No. 108-93, seconded by Mr. Ellingsworth. Upon roll call the Commis- sion 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,D. THIS ITEM WAS REMOVED FROM THE AGENDA. 9.E APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY: Appoint a member to fill the unexpired term of Alan Armour to a term ending July 1, 1994. Mayor Lynch expressed a desire to appoint Robert Brew- er. Dr. Alperin moved for the appointment of Robert Brewer to fill the unexpired term of Alan Armour, seconded by Mr. Ran- dolph. 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,F. APPOINTMENT TO THE PUBLIC EMPLOYEE RELATIONS COMMITTEE: Appoint a member to fill the expiring term of Armand Mouw to a term ending January 29, 1998. Mr. Ellingsworth moved to reappoint Armand Mouw to a second term, seconded by Dr. Alperin. Upon roll call the Commis- sion 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. At this point, the time being 6:40, the Commission moved to the First Readings portion of the agenda. 12. First Readings: 12.A. ORDINANCE NO, 83-93: An ordinance amending Section 4.4.24, "Old School Square Historic Arts District", Paragraph G "Supplemental District Regulations", of the Land Development Regulations to provide for a parking requirement of six (6) -5- 12/7/93 parking spaces per 1,000 square feet of restaurant floor area. If passed, Public Hearing will be held January 11, 1994. The City Manager presented Ordinance No. 83-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS" OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDI- NANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT" PARAGRAPH G "SUPPLEMENTAL DISTRICT REGULATIONS", TO PROVIDE FOR A PARKING REQUIREMENT OF 6 PARK- ING SPACES PER ONE THOUSAND SQUARE FEET OF RESTAURANT FLOOR AREA; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. ~Ellingsworth moved for the adoption of Ordinance No. 83-93 on First 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. 12,B. ORDINANCE NO. 82-93: An ordinance designating 622 North Ocean Boulevard as an Historic Site. Historic Preservation Board recommends approval. If passed, Public Hearing will be held January 11, 1994. The City Manager presented Ordinance No. 82-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING THE PROPERTY LOCATED AT 622 NORTH OCEAN BOULEVARD, AS A LOCAL HISTORIC SITE; PROVID- ING FOR THE AMENDMENT OF THE "ZONING MAP OF DELRAY BEACH, FLORIDA, 1993" TO SHOW THE HISTORIC DESIGNATION IN AN OVERLAY MANNER; PROVIDING A NON-SEVERABILITY CLAUSE, A GENER- AL REPEALER CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mayor Lynch stated even though this is not a public hearing item, he will open the floor to comment from the public. Michael Weiner, representing Paul Cusson, 702 North Ocean Boulevard, a neighboring property owner, stated the site referenced also has a lot across the street that is on the ocean. He recalled a similar situation involving a platting of the -6- 12/7/93 property wherein a non-buildable lot on the ocean side was grant- ed a variance and became a buildable lot. Mr. Weiner stated he has learned that there is a plat before staff for consideration at this time which actually subdi- vides the property. In his opinion, he does not feel it is appropriate to come before the City Commission requesting some- thing that appears to benefit the City, namely the Historic designation, but will have for itself a hidden agenda. He fur- ther feels that should this property be subdivided, it can only be a private benefit and a public detriment to ask for additional lots to become buildable lots east of A-1-A. He plans to make a full presentation at the time of Second and FINAL Reading of this ordinance, because he believes other things should be considered other than the criteria for an Historic site. Roger Saber~on, representing the property owner at 622 North Ocean Boulevard, stated he feels the single most important thing that relates to this application and the plat, is that the property owner referred to by Mr. Weiner abuts this property to the north, he has built his house, but he does not want his neighbor to build. The property immediately to the south which abuts his applicant's' property also is being built on and that lot is smaller than the lot at 622 North Ocean Boulevard. The land area east of A-I-A, when acquired, was significantly larger than would be required today to build under the R-l-AAA standards. It is only by virtue of the fact that the State established an erosion control line that made this lot smaller than what is required for this zone. Mr. Saberson further noted that to state that the Historic designation application is inappropriate because it is related to the plat, is incorrect. It would have been easy for his applicant to give the City a plat and request a variance from the City Commission. In his opinion there is no way the City could refuse his applicant the right to build on the property. He recommended a change in the caption of the ordinance at the end of the third line, indicating that the property is west of SR A-l-A, and the same correction again in Section 1. Dr. Alperin asked for confirmation that the offer is contingent on the plat approval. Mr. Saberson responded that the owner submitted the application on the condition that the variances would be granted. There are a number of options, but he has not discussed this with his applicant, should the Commission deny the ordinance. Discussion followed with regard to the Coastal Con- struction Line, currently under consideration concerning proposed major changes, and the erosion control line, which has not changed. -7- 12/7/93 Dr. Alperin stated it is his opinion that the Historic designation be supported, but no assurance given that the Commis- sion will automatically endorse the plat. Dr. Alperin moved for the adoption of Ordinance No. 82-93 on First Reading, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - No; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 4 to ! vote. At this point, the time being 7:05, the Commission moved to the duly advertised Public Hearings portion of the agenda. 10. Public Hearings: 10.A. ORDINANCE NO. 65-93/REQUEST FOR ADDITIONAL USE IN THE NC (NEIGHBORHOOD COMMERCIAL) ZONE DISTRICT: An ordinance amend- ing Section 4.4.11, "Neighborhood Commercial (NC) District", of the Land Development Regulations to provide for the display and sale of lawn furniture, playground equipment, sheds and accesso- ries as a conditional use; to delete the dispensing of gasoline directly to a vehicle as a conditional use; to delete veterinary offices as a conditional use; to revise the maximum site area to two (2) acres and to provide for a maximum floor area for single tenant office or service uses and single principal uses. Concur- rently, consider a request for an additional use, "retail sale of automotive parts without on-site installation thereof" in the NC zone district. Prior to consideration of passage of this ordi- nance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 65-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS", SECTION 4.4.11 "NEIGHBORHOOD COMMERCIAL (NC) DIS- TRICT'', -OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SUBSECTION 4o4.11(D), "CONDITIONAL USES AND STRUCTURES ALLOWED", TO PROVIDE FOR THE DISPLAY AND SALE OF LAWN FURNITURE, PLAYGROUND EQUIPMENT, SHEDS AND ACCESSORIES AS A CONDITIONAL USE; TO DELETE THE DISPENSING OF GASOLINE DIRECTLY TO A VEHICLE AS A CONDITIONAL USE; TO DELETE VETERINARY OFFICES AS A CONDITIONAL USE; BY AMENDING SUBSECTION 4.4.11(F), "DEVELOPMENT STANDARDS", TO PROVIDE THE MAXIMUM SITE AREA TO TWO (2) ACRES; BY AMENDING SUBSECTION 4.4.11 (H), "SPECIAL REGULATIONS" TO PROVIDE FOR A MAXIMUM FLOOR AREA FOR SINGLE TENANT OFFICE OR SERVICE USES AND SINGLE PRINCIPLE -8- 12/7/93 USES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 65-93 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. Michael Weiner, representing the Del-Aire Property Owners Association, stated this ordinance has been debated on numerous occasions and, while it has been amended, a request is being made to reduce the 10,000 square feet to 4,000 square feet. (This originally was 35,000 square feet). He also requested consideration regarding the retail sale of automotive parts, as this is Neighborhood Commercial (NC). Roger Saberson, representing the Mirandis, owners of the Hitching Post located adjacent to the Hamlet Shoppes, stated they were annexed into the City in 1983 at the request of a City Official who indicated there would be a General Commercial (GC) zoning designation on the property. That designation continued until the Land Development Regulations were adopted in 1990 and the zoning was changed to Neighborhood Commercial (NC). The property owners would like the opportunity to not be a non-conforming use in order to expand and utilize their business. Saul Weinberger, Officer of the Del-Aire Property Owners Association, spoke in opposition to Ordinance No. 65-93. Helen Coopersmith asked exactly what parcel of property is being discussed at this time. Mayor Lynch responded that Mr. Weinberger was referring to the Taheri property; however, there are a total of six or seven parcels. Laurie Cullen, representing the Hamlet Residents Asso- ciation, stated the residents are concerned that the area will be used for other than Neighborhood Commercial zoning. Alan J. Kan, representing Discount Auto Parts, stated it appears that the manipulation of the overall language of this ordinance is a result of negotiations with the developer of the 35 acre parcel, who appears to have wanted the property to be zoned all Commercial and ultimately agreed to a transitional land use designation. He feels the City has lost the concept of Neighborhood Commercial and the conditional use categories, especially in the event that a hurricane or some type of disaster destroyed the building and questioned if that would mean the use no longer would exist. He suggested that this ordinance go back for further evaluation and review and be presented for consideration at a later time. -9- 12/7/93 The public hearing was closed. David Kovacs, Planning Director, stated with respect to the question of uses, a more appropriate way to approach the matter of placing a use back into a structure in the event of a disaster that would destroy a building, would be to grant some sort of relief in order that a use could be reestablished in a reasonable length of time. That is a different issue. He does not feel this warrants changing the entire NC zone district, but approach it through the City's disaster control measures. Mayor Lynch requested that this particular issue be workshopped, not only for NC zoning, but for all zonings, in the event of a natural disaster. Discussion followed regarding non-conforming lots, the two acre limit, storm-water retention, total amount of square footage and setback requirements. Dr. Alperin moved for the adoption of Ordinance No. 65-93 on Second and FINAL Reading, with direction to P&Z to review concerns with the ordinance as it exists today, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mayor Lynch - No; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 1 vote. 10.B, ORDINANCE NO. 71-931 An ordinance changing the Land Use Map Designation in the Comprehensive Plan for property locat- ed at S. Federal Highway and S.E. 5th Street (Mayfair Animal Hospital) from Medium Density Residential to Transitional. 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. 71-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY OF DELRAY BEACH LAND USE PLAN DESIGNA- TION IN THE COMPREHENSIVE PLAN FOR A PARCEL OF LAND AS MORE PARTICULARLY DESCRIBED HEREIN FROM MEDIUM DENSITY RESIDENTIAL IN PART AND TRANSITIONAL IN PART TO TRANSITIONAL; SAID LAND IS LOCATED AT SOUTH FEDERAL HIGHWAY AND S.E. 5TH STREET; PROVIDING FOR EXEMPTION FROM THE TRANSMITTAL-AND-ORC PROCESS; PROVIDING A GENERAL REPEALER CLAUSE; A SAVING CLAUSE; AND AN EPPECTIVE DATE. (Copy of Ordinance No. 71-93 is on file in the official Ordinance Book) -10- 12/7/93 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. Dr. James E. Grubb, Veterinarian of Mayfair Animal Hospital, stated his concerns were satisfied at the last Commis- sion meeting. However, the co-owner of the building his business is located in had asked him to express an interest in conducting medical retail on that site. The public hearing was closed. Mr. Randolph moved for the adoption of Ordinance No. 71-93 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,C. ORDINANCE NO. 79-93: An ordinance rezoning property located at the southeast corner of S. Federal Highway and S.E. 5th Street (Mayfair Animal Hospital) from GC (General Commercial) to POD (Professional and Office District). Planning and Zoning Board recommends approval. 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. 79-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CORRECTING THE ZONING CLASSIFICATION FOR A PARCEL OF LAND AS MORE PARTICULARLY DESCRIBED HEREIN FROM GC AND R-1AA (SINGLE FAMILY RESIDENTIAL) TO POD (PROFESSIONAL OFFICE) DISTRICT; SAID LAND BEING LOCATED AT THE S.E. CORNER OF S. FEDER- AL HIGHWAY AND S.E. 5TH STREET; AND CORRECT- ING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1993"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 79-93 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. Mr. Ellingsworth moved for the adoption of Ordinance No. 79-93 on Second and FINAL Reading, 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. -11- 12/7/93 10.D. ORDINANCE NO. 76-93: An ordinance changing the Land Use Map Designation for property located on the north side of West Atlantic Avenue (Hitching Post and Hamlet Shops) from Gener- al Commercial to Transitional. Planning and Zoning Board recom- mends approval. Prior to consideration of passage of this ordi- nance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 76-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY OF DELRAY BEACH LAND USE PLAN DESIGNA- TION IN THE COMPREHENSIVE PLAN FOR A PARCEL OF LAND AS MORE PARTICULARLY DESCRIBED HEREIN FROM GENERAL COMMERCIAL TO TRANSITIONAL; SAID LAND IS LOCATED ON THE NORTH SIDE OF WEST ATLANTIC AVENUE, IN THE 4000 BLOCK; PROVIDING FOR EXEMPTION FROM THE TRANSMITTAL-AND-ORC PROCESS; PROVIDING A GENERAL REPEALER CLAUSE; A SAVING CLAUSE; AND AN EFFECTIVE DATE. (Copy of Ordinance No. 76-93 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. Laurie Cullen stated that the Hamlet Association would like to see the Land Use map stay consistent with the present use. They have no problem with the Hitching Post remaining as it is, but they would not like to see an expansion as it will change the structure of the neighborhood as well as the appearance, aesthetics and congestion. The public hearing was closed. Dr. Alperin questioned if there will be other uses that will remain on the land other than expansion of the present use. Mr. Kovacs responded that there would be office, NC zoning and Multiple Family Residential uses. Mr. Saberson advised his client was voluntarily annexed with the idea that they would be annexed with a GC (General Commercial) zoning and that zoning designation held for seven (7) years. Mr. Ellingsworth moved for the adoption of Ordinance No. 76-93 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 - No; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 1 vote. -12- 12/7/93 10.E. ORDINANCE NO. 77-93: An ordinance rezoning property located on the east side of Dixie Highway, approximately 295 feet south of Linton Boulevard (Delray Lincoln Mercury) from PC (Planned Commercial) zone district to AC (Automotive Commercial) zone district. Planning and Zoning Board recommends approval, subject to conditions. 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. 77-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED PC (PLANNED COMMERCIAL) DISTRICT IN THE AC (AUTOMOTIVE COMMERCIAL) DISTRICT; SAID LAND BEING LOCATED ON THE EAST SIDE OF DIXIE HIGHWAY APPROXI- MATELY 295 FEET SOUTH OF LINTON BOULEVARD, AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN; AND AMENDING "ZONING DISTRICT MAP, DELRAY BEACH, FLORIDA, 1993"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND ~ AN EFFECTIVE DATE. (Copy of Ordinance No. 77-93 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. Mr. Ellingsworth moved for the adoption of Ordinance No. 77-93 on Second and FINAL Reading, 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.F. TRANSFER OF CITY OWNED PROPERTY TO HABITAT FOR HUMANI- TY: Authorize the transfer of City owned property at 222 N.W. 5th Avenue to Habitat for Humanity. Prior to consideration of authorizing the transfer of this parcel, a public hearing will be held at this time. 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 for approval of the transfer of City owned property, 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. -13- 12/7/93 10.G. ORDINANCE NO. 78-93: An ordinance amending the Code of Ordinances with respect to the General Employees Retirement Plan. City Manager recommends approval. 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 Attorney commented that the City Manager was concerned about a certain provision regarding the death benefit during the first year that was not appropriately placed in the pension ordinance. Since the First Reading, consent has been secured of the Union, etc., to the deletion of that provision. The City Manager presented Ordinance No. 78-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEE POLICIES AND BENEFITS", "RETIREMENT PLAN", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING AND RESTATING SECTIONS 35.085 THROUGH 35.109 AS SPECIFICALLY SET FORTH IN THE "AMENDMENT TO CITY OF DELRAY BEACH GENER- AL EMPLOYEES' RETIREMENT PLAN" ATTACHED HERETO AND INCORPORATED HEREIN; AMENDING SECTION 35.085 TO CHANGE THE TITLE OF THE PLAN TO: "CITY OF DELRAY BEACH GENERAL EMPLOYEES' RETIREMENT PLAN"; REPEALING SEC- TION 35.086 "AUTHORIZATION"; AMENDING SECTION 35.087 "PURPOSE"; AMENDING AND MERGING SEC- TION 35.088, "EFFECTIVE DATE; APPLICABILITY OF FORMER PLAN", AND SECTION 35.089, "INTRO- DUCTION''; CREATING A NEW SECTION 35.089, "DEFINITIONS"; AMENDING AND RETITLING SECTION 35.090, "PARTICIPATION"; AMENDING AND RETITLING SECTION 35.091, "VESTING", AND REPEALING FORMER SECTION 35.091, "SERVICE"; REPEALING SECTION 35.092, "LEAVE OF ABSENCE"; AMENDING SECTION 35.093, "CREDITED SERVICE FOR FORMER EMPLOYEES AND EMPLOYEES WHO WERE EXCLUDED FROM PARTICIPATION IN THE PLAN"; REPEALING SECTION 35.094, "ACTUARIAL EQUIVA- LENCE''; AMENDING SECTION 35.095, "CONTRIBU- TIONS OF PARTICIPANT AND CITY"; AMENDING SECTION 35.097, "RETIREMENT INCOME; BASIS, AMOUNT, AND PAYMENT"; AMENDING SECTION 35.098, "SUPPLEMENTAL RETIREMENT INCOME AND MINIMUM BENEFITS"; AMENDING SECTION 35.099, "PARTICIPANT TO FURNISH REQUIRED INFORMA- TION''; AMENDING SECTION 35.100, "BENEFICIA- RIES; CONTINGENCIES"; AMENDING SECTION 35.101, "BENEFITS NONASSIGNABLE"; AMENDING SECTION 35.102, "BENEFITS PAYABLE TO MINORS AND INCOMPETENTS"; AMENDING SECTION 35.103; "ABANDONMENT OF BENEFITS"; AMENDING SECTION -14- 12/7/93 35.105; "ADMINISTRATION BY RETIREMENT COMMIT- TEE"; CREATING A NEW SECTION 35.1051, "CLAIMS PROCEDURE"; AMENDING SECTION 35.106, "TRUST FUND AND TRUSTEE"; AMENDING SECTION 35.108, "AMENDMENT OF PLAN"; AMENDING SECTION 35.109, "TERMINATION OF PLAN"; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 78-93 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 for the adoption of Ordinance No. 78-93 on Second and FINAL Reading, with the deletion noted, 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,H, ORDINANCE NQ, 67-931 An ordinance changing the Land Use Map Designation in the Comprehensive Plan for property locat- ed on the west side of N.Eo 9th Avenue (Jennings Florist) from Medium Density Residential to General Commercial. Planning and Zoning Board recommends approval. 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. 67-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY OF DELRAY BEACH LAND USE PLAN DESIGNA- TION IN THE COMPREHENSIVE PLAN FROM RM (MEDI- UM DENSITY RESIDENTIAL) TO GC (GENERAL COM- MERCIAL); SAID LAND IS LOCATED ON THE WEST SIDE OF N.E. 9TH AVENUE, APPROXIMATELY 100' NORTH OF GEORGE BUSH BOULEVARD; PROVIDING FOR EXEMPTION FROM THE TRANSMITTAL-AND-ORC PRO- CESS; PROVIDING A GENERAL REPEALER CLAUSE; A SAVING CLAUSE; AND AN EFFECTIVE DATE. (Copy of Ordinance No. 67-93 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. -15- 12/7/93 Mrs. Smith moved for the adoption of Ordinance No. 67-93 on Second and FINAL Reading, 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,I. ORDINANCE NO, 68-97: An ordinance changing the Land Use Map Designation in the Comprehensive Plan for property locat- ed between N.E. 9th Avenue and Palm Trail (Palm Trail Plaza parking lot) from Transitional to General Commercial. Planning and Zoning Board recommends approval. 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. 68-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY OF DELRAY BEACH LAND USE PLAN DESIGNA- TION IN THE COMPREHENSIVE PLAN FOR A PARCEL OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM TRANSITIONAL TO GENERAL COMMERCIAL; SAID ~- LAND IS LOCATED BETWEEN N.E. 9TH AVENUE AND PALM TRAIL, APPROXIMATELY 100' NORTH OF GEORGE BUSH BOULEVARD; PROVIDING FOR EXEMP- TION FROM THE TRANSMITTAL-AND-ORC PROCESS; PROVIDING A GENERAL REPEALER CLAUSE; A SAVING CLAUSE; AND AN EFFECTIVE DATE. (Copy of Ordinance No. 68-93 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 for the adoption of Ordinance No. 68-93 on Second and FINAL Reading, seconded by Mr. Ellingsworth. 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.J. ORDINANCE NQ, 69-95; An ordinance changing the Land Use Map Designation in the Comprehensive Plan for property locat- ed at the northwest corner of Andrews Avenue and Thomas Street (Lyndon Arms Condominium) from Low Density Residential to Medium Density Residential and rezoning said property from R-1AA (Single Family) zoning district to RM (Medium Density Residential) zoning district. Planning and Zoning Board recommends approval. 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. -16- 12/7/93 The City Manager presented Ordinance No. 69-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REVISING THE CITY OF DELRAY BEACH LAND USE PLAN DESIGNA- TION IN THE COMPREHENSIVE PLAN FOR A PARCEL OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM LOW DENSITY RESIDENTIAL TO MEDIUM DENSI- TY RESIDENTIAL; CORRECTING THE ZONING CLASSI- FICATION FROM R-1AA (SINGLE FAMILY) TO RM (MEDIUM DENSITY RESIDENTIAL); SAID LAND IS LOCATED AT THE NORTHWEST CORNER OF ANDREWS AVENUE AND THOMAS STREET; PROVIDING FOR EXEMPTION FROM THE TRANSMITTAL-AND-ORC PRO- CESS; PROVIDING A GENERAL REPEALER CLAUSE; A SAVING CLAUSE; AND AN EFFECTIVE DATE. (Copy of Ordinance No. 69-93 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 for the adoption of Ordinance No. 69-93 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.K.. ORDINANCE NO, 70-93: An ordinance changing the Land Use Map Designation in the Comprehensive Plan for property locat- ed at the northwest corner of N.W. 2nd Street and N.W. 6th Avenue (child care center and various residential uses) from Community Facilities -- Church to Low Density Residential. Planning and Zoning Board recommends approval. 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. 70-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY OF DELRAY BEACH LAND USE PLAN DESIGNA- TION IN THE COMPREHENSIVE PLAN FOR A PARCEL OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM COMMUNITY FACILITIES TO LOW DENSITY RESIDENTIAL; SAID LAND IS LOCATED AT THE NORTHWEST CORNER OF N.W. 2ND STREET AND N.W. 6TH AVENUE; PROVIDING FOR EXEMPTION FROM THE TRANSMITTAL-AND-ORC PROCESS; PROVIDING A -~7- 12/7/93 GENERAL REPEALER CLAUSE; A SAVING CLAUSE; AND AN EFFECTIVE DATE. (Copy of Ordinance No. 70-93 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 for the adoption of Ordinance No. 70-93 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.L. ORDINANCE NO, 72-93: An ordinance correcting the zoning on property located at the southeast corner of S. Federal Highway and S.E. 5th Street (Delray Dental Specialist) from GC (General Commercial) and R-1AA (Single Family Residential) to,NC (Neighborhood Commercial) zone district. Planning and Zoning Board recommends approval. 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. 72-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CORRECTING THE ZONING CLASSIFICATION FOR A PARCEL OF LAND AS MORE PARTICULARLY DESCRIBED HEREIN, FROM GC (GENERAL COMMERCIAL) DISTRICT TO NC (NEIGH- BORHOOD COMMERCIAL) DISTRICT; SAID LAND BEING LOCATED AT THE S.E. CORNER OF S. FEDERAL HIGHWAY AND S.E. 5TH STREET; AND CORRECTING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1993"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 72-93 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 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 for the adoption of Ordinance No. 72-93 on Second and FINAL Reading, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mrs. Smith - -18- 12/7/93 Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 10.M. ORDINANCE NO. 75-93: An ordinance changing the Land Use Map Designation in the Comprehensive Plan for property locat- ed at the southwest corner of Central Street at Zeder Avenue (Southridge Subdivision) from Medium Density Residential to Low Density Residential. Planning and Zoning Board recommends ap- proval. 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. 73-93: AN ORDINANCE OF THE CITY. COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY OF DELRAY BEACH LAND USE PLAN DESIGNA- TION IN THE COMPREHENSIVE PLAN FOR A PARCEL OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM MEDIUM DENSITY RESIDENTIAL TO LOW DENSI- TY RESIDENTIAL; SAID LAND IS LOCATED AT THE SOUTHWEST CORNER OF CENTRAL STREET AT ZEDER / AVENUE; PROVIDING FOR EXEMPTION FROM THE TRANSMITTAL-AND-ORC PROCESS; PROVIDING A GENERAL REPEALER CLAUSE; A SAVING CLAUSE; AND AN EFFECTIVE DATE. (Copy of Ordinance No. 73-93 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 for the adoption of Ordinance No. 73-93 on Second and FINAL Reading, 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. .~0..~N. ORDINANCE NO. 74-93: An ordinance correcting the zoning on property located between N.W. 6th Avenue and N.W. 7th Avenue (St. John Primitive Baptist Church parking area) from R-lA (Single Family Residential) to CF (Community Facilities). Plan- ning and Zoning Board recommends approval. Prior to considera- 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. 74-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CORRECTING THE -19- 12/7/93 ZONING CLASSIFICATION FOR A PARCEL OF LAND AS MORE PARTICULARLY DESCRIBED HEREIN, FROM R-lA (SINGLE FAMILY RESIDENTIAL) IN PART AND CF (COMMUNITY FACILITIES) IN PART TO CF (COMMU- NITY FACILITIES); SAID LAND BEING LOCATED BETWEEN N.W. 6TH AND N'.W. 7TH AVENUES, AP- PROXIMATELY 100' NORTH OF N.W. 1ST STREET; AND CORRECTING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1993"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 74-93 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 for the adoption of Ordinance No. 74-93 on Second and FINAL Reading, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. aid motion passed with a 5 to 0 vote. 10.O. ORDINANCE NO. 75-95: An ordinance revising the Land Use Map Designation in the Comprehensive Plan for property locat- ed on the north side of Linton Boulevard at S.W. 6th Avenue, extended (Howell Jones and Burke properties) from Medium Density Residential in part and Community Facilities in part to Redevel- opment Area %3. Planning and Zoning Board recommends approval. 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. 75-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REVISING THE CITY'S LAND USE PLAN DESIGNATION IN THE COMPREHENSIVE PLAN FOR A PARCEL OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM MEDIUM DENSITY RESIDENTIAL IN PART AND COMMUNITY FACILITIES IN PART TO REDEVELOPMENT AREA #3; SAID LAND IS LOCATED ON THE NORTH SIDE OF LINTON BOULEVARD AT S.W. 6TH AVENUE EXTENDED; PROVIDING FOR EXEMPTION FROM THE TRANSMIT- TAL-AND-ORC PROCESS; PROVIDING A GENERAL REPEALER CLAUSE; A SAVING CLAUSE; AND AN EFFECTIVE DATE. -20- 12/7/93 (Copy of Ordinance No. 75-93 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 for the adoption of Ordinance No. 75-93 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.P. ORDINANCE NO. 80-93: An ordinance changing the Land Use Map Designation in the Comprehensive Plan for property locat- ed at S. Federal Highway and S.E. 5th Street (access drive/parking for Barrton Condominiums) from Transitional to Medium Density Residential. Planning and Zoning Board recommends approval. 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. 80-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY OF DELRAY BEACH LAND USE PLAN DESIGNA- TION IN THE COMPREHENSIVE PLAN FOR A PARCEL OF LAND AS MORE PARTICULARLY DESCRIBED HEREIN FROM TRANSITIONAL TO MEDIUM DENSITY RESIDEN- TIAL; SAID LAND IS LOCATED AT SOUTH FEDERAL HIGHWAY AND S.E. 5TH STREET; PROVIDING FOR EXEMPTION FROM THE TRANSMITTAL-AND-ORC PRO- CESS; PROVIDING A GENERAL REPEALER CLAUSE; A SAVING CLAUSE; AND AN EFFECTIVE DATE. (Copy of Ordinance No. 80-93 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 for the adoption of Ordinance No. 80-93 on Second and FINAL Reading, 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. -21- 12/7/93 10.O. ORDINANCE NO. 81-93: An ordinance changing the Land Use Map Designation in the Comprehensive Plan for property locat- ed on the north side of Linton Boulevard at S.W. 6th Avenue, extended (Fire Station No. 3) from Medium Density Residential to Community Facilities. Planning and Zoning Board recommends approval. 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. 81-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REVISING THE CITY'S LAND USE PLAN DESIGNATION IN THE COMPREHENSIVE PLAN FOR A PARCEL OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM MEDIUM DENSITY RESIDENTIAL TO COMMUNITY FACILITIES; SAID LAND IS LOCATED ON THE NORTH SIDE OF LINTON BOULEVARD AT SoW. 6TH AVENE EXTENDED; PROVIDING FOR EXEMPTION FROM THE TRANSMIT- TAL-AND-ORC PROCESS; PROVIDING A GENERAL REPEALER CLAUSE; A SAVING CLAUSE; AND AN EFFECTIVE DATE. (Copy of Ordinance No. 81-93 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 for the adoption of Ordinance No. 81-93 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. 10.R. ORDINANCE NO. 84-93: An ordinance adopting Comprehen- sive Plan Amendment 93-2 pursuant to the provisions of the "Local Government Comprehensive Planning and Land Development Regula- tions Act", Florida Statutes Sections 163.3161 through 163.3243, inclusive. Planning and Zoning Board recommends approval. A public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 84-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 93-2 PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTIONS -22- 12/7/93 163.3161 THROUGH 163.3243, INCLUSIVE; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT 93-2" AND INCORPORATED HEREIN BY REFERENCE; PROVID- ING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 84-93 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. Mr. Kovacs announced that there are two Public Hearings at this stage. For the First Reading of the ordinance, a special 1/4 page advertisement appeared in the newspaper, showing the properties that are affected and giving some identification of the items before the Commission. The background is that of the ORC Report (Objections, Recommendations and Comments) from DCA and the City's response. Also contained in the background are yellow pages which is the response to the ORC Report, in which the City responds to specific objections raised by the DCA. There were six objections, three of~which dealt with the Taheri and Blood properties. One was a minor wording change about a self-amending plan concern; another dealt with inconsistencies with State and Treasure Coast policies. In the City's response to the first three items, the objections to the State and Region- al Policies disappear. The City is making a change to the minor wording of the third item precisely like DCA recommended. Mr. Kovacs continued by stating with respect to the first objection category which stated the City had insufficient analysis on impact of public facilities, the Plan Amendment was clarified by showing that, on the Blood property, it was a re- allocation of Land Use and not a change in Land Use, in moving a designation from the center of the site to the proposed School Site "S". The City's response was that there was no impact. With respect to the Taheri property, the City received additional information from Dr. Taheri's planner, which was the background for the Staff statements that are contained in the report. Lee Einsweiler, Planner, representing the Bloods, stated he brought along a copy of a letter that was sent to the City Manager today from their attorney, Carol Stanley, which he would like to have included in the record. He stated that his basic comment is about the way the map was portrayed in the material. The first issue is that the acreage tally shown under the corrected Land Use Map for the Blood property totals 105 acres and there are actually 110 acres in the site; therefore, an additional five (5) acres should have been included in the Medium -23- 12/7/93 Density Residential category. Secondly, along the western bound- ary of the site there is a CF designation remaining outside of the park, school and fire station parcels. The intent was to move the designation from the center of the site to the actual sites; therefore, it is his belief that the CF designation is inappropriate and should be deleted. In the tally remaining below, the four (4) acres which are designated CF "other" were intended to be designated Low Density Residential. Kerry Kilday, representing the Taheris, stated Dr. Taheri's property, upon annexation into the City, is zoned Agri- cultural and not Neighborhood Commercial (NC). As was indicated at that time, the Taheris came into the City as part of the School Board package, the site of the school then changed, but a decision was made to continue with the annexation. There are no specific development plans for the property. If by chance the school site does not work out and needs to come back to this site, a proper Land Use category of Transitional is available to allow the school. Michael Weiner, representing the Del-Aire Property Owners Association, stated the Department of Community Affairs took this application very seriously, specifically stating that the proposed amendment to change the Land Use from Medium Density Residential to Transitional is not supported by the data and analysis, which shows that the amendment is necessary to accommo- date the Land Use needs of the projected population. In his opinion, just because this is possible or because the City can do it, does not indicate it should be done. He does not see the need. The public hearing was closed. Discussion followed regarding uses for Community Facil- ities (CF) and the possible deprivation to the development of the Community if this is changed. Dr. Alperin moved for the adoption of Ordinance No. 84-93 on First Reading, directing the alteration of the exhibits to include the revised exhibit which would be consistent with Blood's clarification information, 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. 11. Comments and Inquiries on Non-Agenda Items from the Public- Immediately following Public Hearings. ll.A~ City Manager's response to prior public comments and inquiries. ll,A.1. The City Manager responded to comments made by Gerri Hudson regarding noise at the Westside Liquor establishment, by stating that Major Lincoln and Captain Schroeder met with Mrs. -24- 12/7/93 Cunningham and her son-in-law to discuss the noise problem. It was clearly presented that the Police Department would go into action if the problem was not corrected. The Cunninghams stated they are aware of the problem and have since installed additional insulation and coverage to the area and the bands have been informed that the noise level must be kept down. There are plans underway to close in the area used by the band. Mrs. Cunningham has met with several of the neighbors and assured them the prob- lems will be taken care of. All patrol units have been notified with direction to take action on any and all complaints where noise violations are found to be occurring. ll,A,2, The City Manager commented that a petition was received at the last meeting from Mr. Remus representing objections to the 1993 minimum Landscape Code requirements. Upon reviewing the petition it was found that out of the 85 signatures, approximate- ly 15 of those are affected property owners, each of which will be individually contacted to address their individual concerns. The majority of the signatures did not appear to have any real interest in terms of being a property or business owner. ll,A.3, The City Manager commented that Mrs. Marie Nofsinger complained about her high utility bill. Upon checking, it was learned that an address change had been made on her street and as a result she was being billed for the wrong meter. A credit will be issued and a correction made in order to assure that she will be billed for the correct meter in the future. ll.A.4. The City Manager responded to a comment regarding City direction about sod, by quoting from the nuisance ordinance that states any portion of a lot not covered by buildings must be sodded with a healthy green grass or other appropriate ground cover. In the City's minimum landscape requirements for existing properties, swales in the right-of-way must be planted with sod and that may be what was being referred to. First of all, the swales are intended to handle drainage from the street and sod does a good job of stabilizing the retention area that must be maintained. Secondly, this area is also a vehicular recovery area in the event that someone runs off the road. If plants, other than sod are planted in these areas, they would be crushed. The City encourages implementation of xeroscape and the City's Horticulturist is a certified xeroscape advisor. ll.B, From the Public. ll,B,1, Alice Fin~t, 707 Place Tavant, pointed out that this portion of the agenda is being heard at 9:00 P.M. and asked if the City Commission would consider placing the public comments on non-agenda items (Item 11) ahead of the ordinance readings. She felt that the public comments could be heard more expeditiously at that time rather than having individuals waiting a very long time before they could address the Commission on non-agenda items. -25- 12/7/93 She commented that landscaping improvements are actual- ly occurring along Lake Ida Road and that it is nice to see a lot of activity in the downtown area, especially on Atlantic Avenue (east to west). Ms. Pinst pointed out that the historic marker in the Black community still has not been attended to even though she was told sometime during the springtime that it would be taken care of in October. She emphasized that it is now December and still nothing has been done to the property. The following concerns were expressed: the fence is in worse condition, one of the supports for the fence is lying on the ground with the cement base still around it; and further, that the Ficus hedge is ob- scuring the marker and trash and cans are on the site. She suggested that the historic marker be relocated in a more promi- nent area. Roger Salv~il, 318 N.E. 7th Avenue, stated that he had addressed the Commission recently relative to excessive noise from an auto trim establishment and complained that nothing has been done to resolve the matter. He stated that he had been informed by the Director of Community Improvement that the busi- ness was allowed to operate seven days a week. He felt that as a homeowner he has a right to be able to relax after a long day at work. He suggested that the business could be required to close the back door after 5:00 P.M. Helen Coopersmith, resident, complained about an indi- vidual selling merchandise at the southeast corner of Atlantic Avenue and Military Trail. 13. Comments and Inquiries on Non-Agenda Items; I~,A. Commission Mr. Ellingsworth had no comments or inquiries. 13.A.1. Mrs. Smith stated that she was glad to see that the vacant lot between Spady Elementary School and Lake Ida Road has been cleared and that it was an improvement in this area. 13oA,2, In regard to the new commercial landscaping ordinance, Mrs. Smith felt that the new regulations place a financial hard- ship on many small business owners in the City and that she would like to see some relief relative to extending the time frame for compliance. She commented that the recent letter mailed to property owners from the Community Improvement Department has been improved. She considered the information as being a much "warmer" communication than that which was originally sent. The City Manager pointed out that perhaps some property owners are not aware that the ordinance provides a three year time frame for compliance. Many residents have since been indi- vidually contacted and the ordinance time-frame more fully ex- -26- 12/7/93 plained. Staff has been very accommodating in helping these property owners by explaining the phasing of meeting the regula- tions. Dr. Alperin had no comments or inquiries. Mr. Randolph had no comments or inquiries. 13.A.3. Mayor Lynch stated that he had received a letter from Palm Beach County regarding the status of their intentions of Land Use along Atlantic Avenue and that he would forward it to the City Manager. Mayor Lynch then informed the Commission of the County's Five Year Road Improvement Schedule for roadways which might affect the City. He expressed concern about learning that the work from Lake Ida Road to Swinton Avenue was not sched- uled to commence until January of 1995 and will take one year to complete. 13.B.. The City Attorney had no comments or inquiries. 13.C. The City Manager had no comments or inquiries. 13.D. County and Municipal Issues. None. Mayor Lynch declared the meeting adjourned at 9:05 P.M. Acting City Clerk ATTEST: The undersigned is the Acting City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Commission of December 7, 1993, which minutes were formally approved and adopted by the City Commission on January 11, 1994 Acting City Clerk -27- 12/7/93 NOTE TO READER: If the minutes that you have received are not completed as indi- cated above, then this means that these are not the official minutes of the City Commission. They will become the official minutes only after they have been reviewed and approved which may involve some amendments, additions or deletions to the minutes as set forth above. -28- 12/7/93