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12-01-92 DECEMBER 1.., 1992 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 1, 1992. 1, Roll call showed: Present - Commissioner Jay Alperin Commissioner Ken Ellingsworth Commissioner Armand Mouw Commissioner David Randolph Mayor Thomas E. Lynch Absent - None Also present were - City Manager David T. Harden and City Attorney Jeffrey S. Kurtz 2, The opening prayer was delivered by Chaplain Richard Evans, Abbey Delray South. The Pledge of Allegiance to the flag of the United States of America was given. 4, Mayor Lynch announced that a change has been received regarding Item No. 8.B. and an additional item has been added to the agenda, Item No. 12.A., Ordinance No. 65-92. The City Manag- er stated a request was received from the Attorney for the Tropic Harbor Condominium to remove Item No. 9.D. This item will be on an agenda in January, 1993. The City Attorney requested that Item No. 8.B. be removed from the Consent Agenda until such time as certain conditions are made clear, hopefully at the December 8th regular meeting. Mr. Ellingsworth moved for approval of the agenda, as amended, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 5, ApprQv~l of Minutes. NONE. 6. Proclamations. NONE. 7, Presentations. NONE. CONSENT AGENDA The following items were considered by the Commission as 'the Consent Agenda: 8.A, Extension of Rgzoning. The Commission is to consider authorizing staff to initiate rezoning for a portion of Abbey Delray South from RL (Low Density Residential) zone district to CF (Community Facilities) zone district. Approval is recommend- ed. 8,B, REMQVED FRQM ASENDA. Dr. Alperin moved for approval of the Consent Agenda, as amended, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote. REGULAR AGENDA 9,A. R~quest for Extension of Conditional Certificate of Occupancy. The Commission is to consider a request for a 30-day extension, until December 31, 1992, of the Conditional Certifi- cate of Occupancy for the Sundy House. City Manager recommends approval. Dr. Alperin requested assurance that the work will be accomplished within the extended time allocated. Michael Weiner, representing the applicant, Louis Jensen, stated Mr. Jensen has been assured by the contractors that the work will be completed. Louis Jensen, owner, itemized the outstanding items and the dates that each will be completed. Upon discussion, the Commission agreed to grant an extension until just before the next Regular meeting scheduled for January 12, 1993. Mayor Lynch and Dr. Alperin expressed the hope that Mr. Jensen will be as praiseworthy, as he was critical earlier, of the City, Boards, Staff and Commission who have gone overboard to work with him and assist him in the success of his project. Mr. Randolph moved to grant the extension to January 11, 1993, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 9.B, Renewal of Golf Course Management Agreement. The Commission is to consider a five-year renewal of the Golf Course Management Agreement with .BJCE, Inc., in the amount of $50,600 (January-September 1993), with funding from Golf Course Other Professional Services (Account No. 445-4711-572-31.90). Approval is recommended. -2- 12/01/92 Mr. Ellingsworth moved for approval, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mr. Ran- dolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 9.C. Request to Eliminate Public Parking. The Commission is to consider a request to eliminate the public parking on the north side of Lowry Street between Basin Drive and the Intra- coastal Waterway. Assistant City Manager Barcinski stated in 1985 the City entered into an agreement with The Delray Summit, Inc., for public parking spaces on Lowry Street. At that time there was a need but, since that time, a number of complaints have been received with regard to this parking and a question has surfaced as to the current need. Peter Mullenqarden, representing The Delray Summit Condominium, requested that this be continued, as he claimed the Association did not receive any notification of this item; there- fore, he was unable to review the issue and cannot address it properly. Mayor Lynch recommended that the affected parties sit down and try to work this out amongst themselves. He requested that Assistant City Manager Barcinski be a part of the negotiat- ing process. The Commission concurred to continue this item until the Regular Commission Meeting of December 8, 1992, if necessary. 9,D, REMOVED FROM THE AGENDA. 9,E. Additional Right-of-Way/N.E. 1st Street. The Commis- sion is to consider transferring land from the description of Veteran's Park to N.E. 1st Street in order to accommodate a parking area adjacent to Veteran's Park and waiver of the perime- ter landscape requirements to allow a five-foot landscape strip between the right-of-way and the lawn bowling courts in Veteran's Park instead of the ten feet normally required. City Manager recommends approval. The City Manager stated it has been determined that the best way to accommodate this is to replat the area in order that five feet of right-of-way can be added to 1st Street on the south side. He is requesting permission from the Commission to proceed with this replatting. He also stated a non-conforming condition will be created by taking the additional five feet of right-of- way. Mr. Mouw moved to authorize staff to proceed with the replatting of the five feet of right-of-way for the purpose of providing parking and to waive the perimeter landscape require- -3- 12/~1/92 ments to allow a five foot (5') landscape strip between the right-of-way and the lawn bowling courts in Veterans Park instead of the ten feet normally required, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - No; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 1 vote. 9,F, Appointment of a Member to the Code Enforcement Board. The Commission is to consider appointing a member to the layperson position to fill the expiring term of Tim Onnen to a term ending January 13, 1996; and appointing a member to the alternate layperson position to fill the expiring term of David Henninger to a term ending January 13, 1996. Mayor Lynch commented that he feels Tim Onnen is an asset to the Board and requested that a motion be made to reap- point him on his behalf. Mr. Mouw moved to reappoint Tim Onnen to the layperson position on the Code Enforcement Board, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. Mr. Mouw moved for the reappointment of David Henninger as an alternate to the Code Enforcement Board, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote. At this time the Commission moved to the First Readings portion of the agenda. FIRST READINGS I~.A. Ordinance NQ. 65-92. Ordinance No. 65-92, amending Section 35.098 of the Code of Ordinances to provide that effec- tive January 1, 1993, employees or beneficiaries of employees who retired prior to that date, shall have their monthly amount of retirement income increased by 5% over the gross amount they were receiving in December 1992; provided, however that all employees, regardless of retirement date, shall receive a minimum monthly retirement amount of at least $400, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held December 8th. The City Manager presented Ordinance No. 65-92: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, EMPLOYEE POLICIES AND BENEFITS SUBHEADING RETIREMENT PLAN, OF THE CODE OF -4- 12/01/92 ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 35.098, "SUPPLE- MENTAL RETIREMENT INCOME FOR EMPLOYEES WHO RETIRED PRIOR TO FEBRUARY 1, 1986" BY RENAM- ING SECTION 35.098, PROVIDING AN INCREASE IN THE MINIMUM MONTHLY RETIREMENT BENEFITS, PROVIDING FOR CERTAIN COST OF LIVING INCREAS- ES IN THE RETIREMENT BENEFITS; PROVIDING A REPEALER CLAUSE, SAVING CLAUSE, AND AN EFFEC- TIVE DATE. The City Attorney read the caption of the ordinance. The City Manager recommended, in Section 1, amending Section 35-098, on the second line where it states "employees who retired prior to that date", that the date be stricken and changed to January 1, 1991. The City Manager stated a list of affected persons will be added to the backup material prior to Second and FINAL Read- ing. Dr. Alperin moved for the adoption of Ordinance No. 65-92 on First Reading, including the change recommended by the City Manager, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Ran- dolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 13, Comments and Inquiries on Non-Agenda Items. I~.A,1. Dr. Alperin had no comments or inquiries. 15.A.2, Mr. Mouw had no comments or inquiries. 13.A.3, Mr. Ellingsworth thanked the City Manager and the Assistant City Manager for the fine job done at Cason Cottage with the recent improvements to the site. 15.A.4. Mr. Randolph commented that there are still a lot of leftover political signs on the streets and requested if City workers could take them down and dispose of them. 13,A,5. Mr. Randolph questioned what phase of the northwest drainage the City is in, as there are streets that are not marked, such as Martin Luther King Boulevard/N.W. 2nd Street from about 10th Avenue west. He further questioned if the drainage system is workable and able to handle a large amount of rain. The City Manager stated he does not know whether or not the outfall has been unplugged. He also advised that the area around Spady School has no outfall at this time and they have experi- enced flooding; however, the work that will be done on the prop- erty north of the school will accommodate the outfall from that -5- 12/01/92 area. Three phases of drainage work still remain in the north- west area. 13.A,6, Mayor Lynch requested that the City Manager review dates for late January regarding the scheduling of a Town Meet- ing. He would like this to take place at Old School Square, if possible. The City Manager responded that, staff feels this needs to be coordinated with the Comprehensive Plan hearings and the Commission Organizational Meeting, so March might be more appropriate than January. Mayor Synch commented that he would prefer to hear from the citizens first. He suggested doing a "State of the Union" type format to inform the citizens of the current status and what has been accomplished during the past year and then allowing public input. 13.A.7, Mayor Lynch advised that he will be attending a Boca Raton Chamber of Commerce meeting next Wednesday, December 9, 1992, at which time Governor Chiles will be in attendance. If any Commissioner would like to pass along any comments or infor- mation, he will present that information to the Governor. 13,B, The City Attorney had no comments or inquiries. 13.C.1. The City Manager reported that the Thanksgiving meal program at Pompey Park was a huge success, serving over 3,227 meals and many others that were transported to those persons unable to travel. Over 100 baskets of food were also distributed to people in the area. 13.D. There were no Municipal and County Issues. Mayor Lynch announced a ten minute recess, the time being 6:50 P.M.; the meeting reconvened at 7:00 P.M. PUBLIC HEARINGS Mayor Lynch announced, for the record, that Item No. 10.B. is moved forward to pre-empt Item No. IO.A. 10.B. Ordinance NQ. 60-92. Ordinance No. 60-92, approving amendments to the Community Redevelopment Agency's Plan, is before the Commission for consideration on Second and FINAL Reading. 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. Approval is recommended. The City Manager presented Ordinance No. 60-92: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, MODIFYING THE COMMUNITY REDEVELOPMENT PLAN FOR THE CITY OF -6- 12/01/92 DELRAY BEACH, FLORIDA, IN ITS ENTIRETY; FINDING THAT THE MODIFICATION CONFORMS TO THE COMMUNITY REDEVELOPMENT ACT OF 1969, AS AMENDED; FINDING THAT THE MODIFICATION IS CONSISTENT WITH THE CITY OF DELRAY BEACH'S COMPREHENSIVE PLAN, AND MAKING FURTHER FIND- INGS PURSUANT TO THE APPLICABLE REQUIREMENTS OF FLORIDA STATUTES SECTION 163.360(6)(7); AND PROVIDING A SAVING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 60-92 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. Randolph moved for the adoption of Ordinance No. 60-92 on Second and FINAL Reading, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Mouw - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. Upon question by Dr. Alperin, Mayor Lynch stated that the Planning and Zoning Board brought up two items, one being the Riverwalk Concept along the west side of the Intracoastal Water- way. The other item relates to the manner of showing the priori- ty of projects within the five-year schedule. Chris Brown, Director of the Community Redevelopment Agency, stated the comments have been reviewed; they will be happy to add the language to the Riverwalk project. He was not in favor of amending the language regarding the second item as he feels assured that they are under no obligation to do any of this. Mr. Randolph amended his motion to include a review by the CRA Director and Robert Federspiel, CRA attorney; Mr. Ellingsworth amended his second. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 10.A, Ordinance NO. 64-92. Ordinance No. 64-92, amending the Waterford/Delint SAD in conjunction with the Builder's Square proposal, is before the Commission for consideration on First Reading and First Public Hearing. If passed, Second and Final Reading and Second Public Hearing will be held December 8th. Prior to consideration of passage of this ordinance on First Reading, a public hearing has been scheduled to be held at this time. -7- 12/01/92 The City Manager presented Ordinance No. 64-92: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RESTATING AND AMENDING ORDINANCE 79-84, AND ORDINANCES 96-87, AND 68-89, WHICH PREVIOUSLY AMENDED ORDINANCE 79-84, PERTAINING TO AN 86.423 ACRE PARCEL OF LAND, MORE OR LESS, PRESENTLY ZONED SAD (SPECIAL ACTIVITIES DISTRICT) AND LOCATED ON THE SOUTH SIDE OF LINTON BOULEVARD BETWEEN LINDELL BOULEVARD AND INTERSTATE-95, SAID LAND LYING AND BEING IN SECTION 29, TOWNSHIP 46 SOUTH, RANGE 43 EAST; MODIFYING THE ALLOW- ABLE USES OF LAND, APPROVING A REVISED MASTER DEVELOPMENT PLAN, ESTABLISHING CONDITIONS OF APPROVAL FOR FURTHER DEVELOPMENT, DELETION OF CONDITIONS OF APPROVAL WHICH HAVE BEEN MET OR ARE NO LONGER NECESSARY, DETERMINING THE VESTED STATUS OF THE WATERFORD SAD, PROVIDING A GENERAL REPEALER, A SAVINGS CLAUSE, AND AN EFFECTIVE DATE. 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. David Kovacs, Director of Planning, outlined the area under discussion for the Commission and the public. With regard to the SPRAB review, that board was asked to look at the site plan and advise the Planning and Zoning Board on the aesthetics of the project; not to debate the use issue. Mr. Kovacs commented that the site plan for the project is a part of this ordinance and it will be before SPRAB for final approval; however, SPRAB does not have authority to make substan- tial changes to the site plan. That final approval will be made in January, 1993. In response to Mr. Randolph's request for a traffic study of Home Depot in Boynton Beach, that has been done, and they are very similar. Mr. Kovacs stated, with regard to remarks made by Mr. Mouw concerning a 10th Avenue road connection, the Planning and Zoning Board covered this project last night with those persons who have an interest in that area and feel that a program of the extension of 10th Avenue from Linton Boulevard to S.W. 10th Street can be accommodated. Greg Luttrell, Traffic Engineer, distributed a written traffic statement pertaining to the modification (a copy of which is attached hereto and made a part of the official record). He then read the statement and announced that he would entertain questions when finished. -8- 12/01/92 Upon question by Mr. Randolph, Mr. Luttrell responded that the level of service is currently "C" and, in a year with the addition of Builder's Square, the analysis advises the level of service will be level "D" and possibly level "E" in the sec- tion between Wallace Drive and the east 1-95 ramps. Jean Beer, Vice-Chairperson of the Planning Board, stated the Planning Board voted to deny the request for the Waterford/DRI with a vote of 4 to 2. The denial was based on 17 findings, which pertain to the consistency of the Comprehensive Plan, compliance with the DRI and the Development order. Should the Commission approve the change, the Board passed a listing of revised conditions of approval, which they would recommend the Commission adopt. Two items of note are that the applicant signified his agreement to give double left turn lanes out of Waterford Place; however, Mr. Ciklin, attorney, persuaded the Board that it is not necessary to make changes on S.W. 10th Avenue until such time as the office section is built. It is her feeling that the Board, as a whole, feels the best way to help correct the problem is to make improvements for a connection between 10th Avenue and 10th Street. The following persons spoke in opposition to Ordinance No. 64-92 and the Builder's Square project with regard to the inappropriate of the use at this particular location, adverse traffic impacts, he future alteration of the area and the Waterford/Linton Boulevard intersection: George Conley, Charles DeFoe, Dorothy Alport, Richard La~ing, Bill Pirstupa, Helen Coopersmith, Dick Eckgrlg, Muriel BroQks, Eugene Binkovit~, Rosalind Murray, Jerry Marshall, Gerald DeFoe, Bill Andrews and James Bassa. The following persons spoke in favor of Ordinance No. 64-92 and the Builder's Square project regarding the need for this type of business and help in easing the unemployment situa- tion: Holly Smith, Ann Chicco, Tom Matth~w~, Steve Cohen, Leroy Harrison, Rosetta Rolle, Bill Walla¢9 and Dan Burns. Bill WQO~, President, Chamber of Commerce, stated the Chamber of Commerce took no position on this project because, at the meeting, the Board felt that this project was a complicated project and it was inappropriate to take an uneducated and unin- formed position in such a short period of time. The public hearing was closed. Alan Ciklin, attorney representing the Appli- cant/Developer, stated Ocean Properties has been in this communi- ty for a couple of decades and he feels the best way to antici- pate what will be done is to look at what they have. previously done in the community. In reference to whether or not the project meets the County's traffic standards, he has a letter from Charles Walker, Palm Beach County Traffic Engineer, who informs him that they do. Due to comments made by Mayor Lynch -9- 12/01/92 and Commissioner Mouw at the last meeting, regarding funding of the extension of S.W. 10th Avenue on the north side of Linton Boulevard, a plan is currently being explored in order for the developer to become an active and generous participant. S~eve Godfrey, Kimley-Horn Associates (traffic consul- tants for the developer), commended Greg Luttrell for his efforts in working with them on the traffic analysis. He then clarified several matters that he felt needed to be addressed, especially that the projected condition for Linton Boulevard is to operate at level of service "D" Dr. Alperin expressed concern relative to the impact this project could have on the future of the City. He attended the Board of Directors Meeting at the Chamber of Commerce last Wednesday, and was surprised to learn that there was a proposed motion that had been carefully worded to imply the Chamber's support of the Builder's Square project. He proceeded to present a number of items they had not previously heard. A motion was made, but died for lack of a second. He stated he is not against Builder's Square, but that is not the issue. In his opinion, the issue is the location and the loss of potential development for the City's future. He feels the Comprehensive Plan was approved to allow the City some latitude for projects of great importance to the future of the City. Mr. Ellingsworth stated he has spent many hours review- ing this project, spoken to numerous residents in all segments of the community and, at this time, he is unable to support the project as it is presented. Mr. Randolph stated he is a tradesman who depends very heavily on facilities like Home Depot, Builder's Square and Scotty's due to the type of work he is in. There is a definite need for jobs in this community and he will support the Builder's Square project. Mr. Mouw stated he feels that the City has an opportu- nity to ease the unemployment situation that exists today, not only in Delray but all across the country. Lindell Boulevard bothers him and he feels that traffic situation needs to be addressed. He challenged the traffic department to comprise some scheme to help control that; it is not going to become bad due to Builder's Square because it is bad now. He questioned the status of the negotiations on the County impact fees; he feels strongly that this is a critical issue in funding the 10th Avenue project. Mr. Kovacs responded that he had spoken with Charles Walker of County Engineering earlier today and reviewed the entire process. If the City wants to divert the impact fee that would be paid by Builder's Square, the City would declare why the money is necessary to be immediately placed into traffic improve- ments related to the project. That money is not restricted to County roads only; it can be used on City roads, but it would be -10- 12/01/92 necessary to declare why it is important and why the money will be spent in a way to relieve traffic and congestion on the County road and to mitigate impact on the County. The City can accom- plish this by drafting a resolution and sending it to the Board of County Commissioners. Staff would then review and make recom- mendations; however, the ultimate decision is made by the County Commission. He requested direction from the Commission. Mr. Mouw recommended introducing a contingent request to direct staff to work with the developer, Mr. Wallace and the County to learn what sort of funding package can be placed on the table for the meeting next week prior to Second and FINAL Read- ing. The City Manager advised that the other issue which needs to be addressed is the original SAD/DRI approval that calls for 50 cents per square foot for the office portion of the devel- opment. The City Attorney stated, during Mr. Ciklin's presenta- tion, it was his understanding that the developer would be will- ing to contribute a sum of money to help work out those numbers, including those lost by the reduction in office space square footage. Mayor Lynch stated he respects the many contributions the Walsh's have made to the City and appreciates the flexibility they have experienced due to the economy. He does not appreciate the timing, the rushing of traffic studies and waiting until the last minute to involve the City's Traffic Engineer. He is also apprehensive about the remainder of the project. He would much rather see Builder's Square in a different location; however, he does not feel that is going to happen. He suggested dealing with the reality of the project and combining all efforts into solving the traffic problem. Mr. Mouw moved for the adoption of Ordinance No. 64-92 on First Reading, with the caveat of directing staff to work with all parties involved in submitting an overall funding plan for S.W. 10th Avenue, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - No; Mr. Ellingsworth - No; Mr. Randolph - Yes. Said motion passed with a 3 to 2 vote. 10.C. Ordinance NO. 65-92. Ordinance No. 63-92, adopting Comprehensive Plan Amendment 92-2, is before the Commission for consideration on Second and FINAL Reading. 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. 63-92: -11- 12/01/~2 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 92-2 PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTIONS 163.3161 THROUGH 163.3243, INCLUSIVE; INCLUD- ING AMENDMENTS TO THE GOALS, OBJECTIVES AND POLICIES OF THE PLAN, TRAFFIC ELEMENT, HOUS- ING ELEMENT, COASTAL MANAGEMENT ELEMENT, FUTURE LAND USE ELEMENT AND CAPITAL IMPROVE- MENTS ELEMENT, BASED UPON AN ASSESSMENT OF TASKS ACCOMPLISHED, AVAILABILITY OF RESOURCES AND NEW INFORMATION; INCLUDING CHANGES TO THE FUTURE LAND USE MAP; INCLUDING CITY BOUNDARY ADJUSTMENTS PURSUANT TO ANNEXATIONS; INCLUD- ING AMENDMENTS TO PART IV "REQUIREMENTS FOR CAPITAL IMPROVEMENTS IMPLEMENTATION"; AND INCLUDING TEXTUAL AMENDMENTS TO THE THE PUBLIC FACILITIES ELEMENT, TRAFFIC ELEMENT, OPEN SPACE AND RECREATION ELEMENT, FUTURE LAND USE ELEMENT AND CAPITAL IMPROVEMENTS ELEMENTS; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT 92-2" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A REPEALER CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 63-92 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. Kovacs requested that the Commission defer action on this ordinance until the December 8, 1992, Regular Meeting to allow more time for receipt of final comments from FDOT and the County. Dr. Alperin moved for the continuance of Ordinance No. 63-92 on Second and Final Reading to December 8, 1992, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 11~. Comments and Inquiries on Non-Aq~nda Items. ll,A. CITY MANAGER'S RESPONSE: ll.A.1. The City Manager stated, in response to inquiries from residents regarding the Capital Improvements surcharge at the -12- 1Z/01/9Z golf course, that this issue continues to be reviewed and he will have a complete update at the next regular meeting. ll.A.2, The City Manager commented that the original Gelco site along Congress Avenue is now vacant with all trailers and storage items removed; the remaining vacant parcels are under separate ownership with an active Code Enforcement Board Order providing for 120 days from August 27th for the owners to remove all con- struction components. This area will be revisited to determine if other nuisances exist and, if so, appropriate violations will be issued. The last remaining property that may be in a deterio- rated condition is the junked car lot and they are in the process of moving the business. ll.A.3. The City Manager stated the problems with existing plant materials on Congress Avenue have been reviewed with Parks and Recreation and the landscaping contractor and any current deficiencies will be corrected within the next couple of weeks. ll,A,4. The City Manager responded to questions regarding maintenance in the area of the historic marker on the northwest side; that has been completed and an alternate landscape plan is being considered hoping to bring the project up to standard. ll.A.5. The City Manager stated Mr. Blake's inquiry regarding a position in the Water Treatment Plant continues to be investigat- ed. An answer should be available next week. ll,A.6. The City Manager commented that Mr. Thayer had a ques- tion about the parking of boats in residential areas and that is currently under review. ll,A,7, The City Manager stated the City is reviewing all recommendations regarding the proposals from WAPOA for activities for young people in the community and it will be before the Commission no later than January, 1993. ll,B. FROM THE PUBLIC, ll.B.1, Jerry Marshal! described how it had taken him roughly 15 minutes to drive East Atlantic Avenue from 7th Avenue west to Swinton earlier in the day. He feels the left turn situation in both directions is impossible and suggested "No Left Turn" signage be installed during the season for the stretch of Atlan- tic Avenue from Swinton east to 6th or 7th Avenue. ll.B.2. Mr. Marshall advised he had received a call regarding the pre-school program at Carver Middle School indicating that they are in desperate need of playground material and equipment. He requested that the City investigate the cost and possibly work with the School Board, as it would be an asset for the entire community. -13- 12/01/92 lloB.3. Arthur Jackel, Chairman, United Property Owners, com- plimented the Commission on the agreement and ultimate approval reached between the City and the County relative to the Morikami Wellfield. 1.~.B,4. Alic9 Finst, 707 Place Tavant, thanked the Commission for changing the agenda format to allow the City Manager to respond to public comments. She feels this brings the public closer to what is happening in the City and makes for better communication. ll.B.5. Mrs. Finst questioned if it would be possible to start the Comments and Inquiries on Non-Agenda Items portion of the agenda at a fixed time of 7:00 P.M., as she feels this would be more convenient for people who come to the meetings to speak to the Commission. ll.B,6, Mrs. Finst stated there is apparently something in the City known as a permit for temporary fencing which anyone can apply for, including persons who live in historic districts. This means that temporary fencing is installed in historic dis- tricts for a short period of time with no conditions attached, no review by the Historic Preservation Board or any other body. She feels there should be guidelines as to the type of fencing and how this is to be handled, perhaps by providing that temporary fences in historic districts be subject to a certain type of review. ~l.B,7, Mrs. Finst suggested that a different arrangement be made regarding public visibility of presentations. Perhaps a TV camera, a large mirror or some sort of ingenuity can be initiated to assist the audience to view graphics and other visual aids as they are presented to the Commission. ll.B.8, Vi Hinchliffe, resident, stated that not all golfers object to the 50-cent per play surcharge; it is a minimal fee and should be affordable to all golfers. ll,B,9, James Bassa, 102 N.W. 14th Avenue, Delray, expressed concern about the youth activities in the City and what appears to be inadequate concern of the City, the Commission and those persons involved with the decision-making process over the imple- mentation of youth activities and youth activity centers. He stated that he has recently become aware of recent denials of several locations for this type of entertainment center. He requested more information, in the form of minutes or other sources available that might help explain the reasoning behind this. This is a widespread problem he has encountered, not only in this country, but also abroad among all ethnic groups and he feels it must be addressed. He suggested establishing some type of mediation board to come up with a viable solution to address the problem with not only Black youth, but all young people in the City of Delray Beach. -14- 12/01/~2 ll.B.10. Helen Coopersmi~h requested that consideration be given to moving the public comments portion of the agenda to a more convenient time during the meetings. Mayor Lynch declared the meeting adjourned at 10:00 P.M. ATTEST: The undersigned is the 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 1, 1992, which minutes were formally approved and adopted by the City Commission on QO~w~z~4~ /2, /9q3 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. -15- 12/01/92 PLANNIN~ AND ZONIN~ DEPARTMENT MEMORANDUM DATE: DECEMBER 1, 1992 TO: //t --CITY COMMISSION / DAVID T. HARDEN, CITY MANAGER THRU: ~---,-'D~VID J i KOVACS DIRECTOR OF PLANNING AND ZONING FROM: GREG LUTTRELL ~ TRAFFIC ENGINEER SUBJECT: WATERFORD S.A.D. MODIFICATION/ BUILDER'S SQUARE TRAFFIC STATEMENT The following comments are made as the Delray Beach Traffic Engineer to the City Commission in response to a request made by the Commission at its November 24, 1992 meeting. These comments are being made after a review of the information submitted by Kimley-Horn, the applicants Traffic Engineer. PARKING The applicant has requested a reduction in required parking to 488 total spaces. The applicant submitted on November 25 and 30, 1992, two field studies of comparable sites, information from the Institute of Transportation Engineers Parkinq Generation Report, and a letter from Builder's Square. The information provided is technically sufficient. This information provides a basis for a reduction in parking pursuant to L.D.R. section 4.6.9(C)(1)(g). TRIP ~ENERATION External traffic from the entire S.A.D. has been represented as 10,652 on a daily basis. In reviewing the previous traffic reports, total external traffic was stated as being 10,042 based on internalization of traffic within the S.A.D. Upon review, the value of 10,042 daily external trips is appropriate. The methodology and formulas used to calculate the traffic being generated by this project are acceptable. The peak hour generation rates have been modified (November 25, 1992) for the Builder's Square. These revised values are acceptable. Page There were questions raised concerning the amount of traffic from the unbuilt/unoccupied portions of the Target and Circuit City developments. Clarifying statements were made in the November 25 and 30, 1992, information submitted by the applicant. Both conclusions used the same method for projecting this traffic, and both were flawed. However, the conclusions drawn indicated that their would be peak hour traffic making the northbound left turn at the Waterford Place/ Linton Boulevard intersection over the threshold necessary for two left turn lanes. I concur that the resulting traffic making this maneuver will be over the 300 trip per hour threshold, necessitating dual left turn lanes. INTERSECTION ANALYSIS - GENERAL The applicant submitted on November 25, i992, revised intersection Level-of-Service analysis worksheets for the Linton Boulevard intersections at the west 1-95 ramp, east 1-95 ramp, Wallace Drive, and SW 10 Avenue. These revised analysis worksheets show all four signalized intersections along Linton Boulevard will operate near the LOS C/D threshold. Three of these individual signalized intersections are shown to have all approaches operating at or above LOS 'D'. At the Waterford Place/ Linton Boulevard intersection, the westbound left, northbound left and northbound approach direction are shown to operate at LOS 'E'. This information is technically correct. WALLACE DRIVE/ LINTON BOULEVARD INTERSECTION The applicant submitted on November 25, 1992, a revised intersection LOS analysis worksheet for the Wallace Drive/ Llnton Boulevard intersection. As noted above, there is additional traffic from the existing commercial developments not accounted for in the submitted material. The study shows that the resulting volume of traffic necessitate dual left turns for the northbound left turn maneuver, protected signalization , and a 1.7% degradation of flow on Linton Boulevard. This analysis methodology is acceptable, however, the the impacts on Linton Boulevard will likely be greater than 1.7%. This conclusion is based on the projected peak hour flows as revised in the November 30, 1992, submittal. Again however, I have no technical dispute with the conclusions reached in the submitted materials, that the flow for the westbound left turn and northbound direction at this intersection will operate at LOS 'E'. As defined in the Highway CaDacity manual, LOS 'E' for an intersection approach represents a condition where individual signal cycle failure occur frequently. This means that all vehicles waiting at the intersection from the east. to turn left and south will not be able to enter the intersection on every signal cycle. Page 2 Rather, a remaining queue of vehicles will result frequently and be forced to wait until the next green signal cycle. This frequent failure of the of the westbound left turn and the northbound direction at this intersection raises greater concerns regarding the flows on Linton Boulevard. LINTON BOULEVARD PROGRESSION The applicant submitted the requested progression analysis on November 30, 1992. The analysis shows progression levels-of-service (LOS) for east and westbound travel during the 1992 and 1993 (with Builder's Square traffic) peak seasons. In both directions the progression LOS degrades from LOS 'C' to LOS 'D' from 1992 to 1993. This analysis was done in a technically correct manner. The following observations are made relative to this analysis which could show the results reached by the applicant to be optimistic. o The intersection at Congress Avenue and the segment of Linton Boulevard from the west 1-95 signal to Congress Avenue was not included in the progression analysis. o A shorter signal cycle length was assumed for the progression analysis than for the individual intersection analysis. This would have yielded a better progression result. o Optimistic individual intersection progression factors were used assuming a fully integrated signal progression timing pattern. In all time frames analyzed, the segment of Linton Boulevard between the east 1-95 ramp intersection and Wallace Drive intersection operates at LOS 'E'. The Highway Capacity Manual defines an arterial LOS 'E' as being characterized by "some combination of adverse progression, high signal density, extensive queueing at critical intersections, and improper signal timing". In this case, the progression analysis was performed assuming an optimum intersection progression and optimal signal timing patterns not currently in place. This indicates that the reason for a LOS progression would be either, or both, a high signal density (many signal within a short distance) or extensive queueing at critical intersections (many vehicles entering from many directions and not being able to clear the next intersection). Both of these are the case, and must be addressed to improve operations on Linton Boulevard. The conclusion reached by the applicant is that the entire section analyzed (Old Dixie Highway to the west 1-95 ramp intersection) operates at LOS 'D'. The Highway Capacity Manual defines an arterial LOS 'D' as "a range on which a small increase in flow may cause substantial increases in approach delay". Therefore, Linton Boulevard operates on most segments at LOS 'D', which can easily degrade during peak conditions, and LOS 'E' from Wallace Drive to the east 1-95 ramp intersection. Page 3 HOURLY TRAFFIC VOLUMES ON LINTON BOULEVARD The applicant submitted on November 30, 1992, graphs showing hourly traffic volumes on Linton Boulevard, east of 1-95 (ie: between 1-95 and the Waterford Place intersection). These graphs show 1993 projections with the currently approved office/hotel uses and the proposed Builder's Square. These graphs are attached. A comparison of these graphs yields the following information relative to the differences in effect of these two use scenarios. The hours when an office/hotel would result in more traffic than the proposed Builder's Square are 6-7a, 7-8a, 8-9a, 5-6p, 8-9p. and 9-10p. Except for the two typical peak hours (8-9a and 5-6p), represent off-peak hours where lower overall traffic volumes are on Linton Boulevard at this location. The hours when the proposed Builder's Square would result in more traffic than the currently approved uses are 9-10a, 10-1la, 11a-12, 1-2p, 2-3p, and 3-4p. These are also all off peak hours, however, these hours experience high traffic volumes (near peak hour conditions). This comparison leads to a question of when would it be better to have the traffic from this project enter Linton Boulevard: spread through the early morning and late afternoon hours when traffic on Linton Boulevard is lower, or, during the midday when larger amounts of traffic are already on Linton Boulevard. CONCLUSIONS The applicant has stated (November 24, 1992 City Commission meeting) that the proposed Builder's Square would enhance the operations of Linton Boulevard. This statement was made based on a redistribution of projected traffic volumes, from the peak hours to the midday hours. We do not agree with this statement. The 10,042 daily trips vested for this S.A.D. will impact the road system and result in system failures. The Builder's Square proposal modifies the existing project traffic distribution by increasing the S.A.D. traffic using the Waterford Place/ Linton Boulevard intersection. The increased pressure at this intersection must be addressed and mitigated. Mitigation measures which could improve the operation of Linton Boulevard include reductions in the need for north or south signal time at the Linton Boulevard intersections. This would be by way of reductions in approach volumes or elimination of entire intersection approaches. Measures could also include redistribution of traffic volumes to signals which are spaced in a manner which allows progression to occur on Linton Boulevard. These, and possibly other, mitigation measures should be implemented. Page 4 Edll:ti ~0 Edlbfl zlO ~3Wt'VnN CspuesnOCll) [] Ed/Wi _]0 E d llJ l .JO