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07-23-91 JULY 23, 1991 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 6:03 P.M., Tuesday, July 23, 1991. 1. Roll call showed: Present - Commissioner Jay Alperin Commissioner William Andrews 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 Reverend Marcelle of the Church of God. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. The City Manager requested the wording on Item 9.D. be amended as per the addendum. The City Attorney requested Item 8.A. be deleted from the agenda and be brought back on August 13, 1991. Mr. Andrews requested Item 8.C. be moved to the Regular Agenda as Item 9.A.A. Mr. Randolph moved 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. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 5. Mr. Mouw moved approval of the Regular Meeting minutes of July 9, 1991, seconded by Dr. ALperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote. Dr. Alperin moved approval of the Special Meeting minutes of July 16, 1991, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 6. Proclamations. A. Mr. Randolph read and presented a proclamation proclaiming August 6, 1991 as "National Night Out 1991". Acting Police Chief Rick Lincoln accepted the proclamation and thanked the Commission. He invited everyone to an Open House at the Police Station on August 6, 1991 at 6:30 P.M. B. Mr. Mouw read and presented a proclamation proclaiming August 19 through 23, 1991 as "Water and Pollution Control Operators Week". Lee Kraft, Director of the Local Region of the Florida Water and Pollution Control Operators Association, came forward to accept the proclamation and thanked the Commission and Mayor. 7. Presentations. A. State of Israel Bonds. Julie Jackson, Executive Director, introduced Mr. Saul Freedman, National Director of the Development Corporation for Israel. Mr. Freedman stated capital has been raised for over 40 years and has been used in many areas. His request is for a permissive regulation or ruling which would not obligate any person; rather, would permit sponsors to diversify their portfolio by investing securities. Mayor Lynch stated the Police and Fire Pension Board voted in favor of allowing the money managers to invest in Israeli Bonds, but it does need Commission approval. The City Attorney advised an ordinance revision needs to be done in order to allow the investment to happen. The State of Florida, in their Statutes, has authorized the expenditure for Israeli Bonds and the bonds are the one exception to the general rule that investment companies have to be from the United States. The City Manager expressed concerns with regard to liquidity and risk of investment. The material for this issue will be reviewed and if necessary be put on the agenda for August 13, 1991 for formal action. CONSENT AGENDA (City Manager recommends approval) 8.A. Contract Language/Indemnification Clause. The Commission-is to consider approval of a standard condition language which is to be included in all contracts for construction services and general con- sulting. This Item has been deleted. 8.B. ~xpenditure of Funds 1989. Note Construction Fund/Appropriation of Funds 1987 Utility Tax Bond. The Commission is to consider approval of the expenditure of $1,661,616 from the 1989 Note Construction Fund to -2- 7/23/91 repay the Note Debt Service; and the appropriation of $10,000 from the 1987 Utility Tax Bond Issue to partially rewire the Community Center's electrical system. 8.D. A~reement Between the City and Palm Beach County School Board. The Commission is to consider approval of a one year renewal of the agreement between the City and Palm Beach School Board for vocational education programs. The contract renewal period is from July 1, 1991 to June 30, 1992 with a per student charge of .36 cents per student hour with funding from various departmental budgets. 8.E. Request to Hold ~pecial Event.. ~ The Commission is to consider approval of a request from Mount Olive Missionary Baptist Church to hold a Community block party in their parking lot on N.W. 4th Avenue on Friday, July 26, 1991. 8.F. Resolution No. 57-91. Resolution No. 57-91, abandoning a 16 foot alley located between Lots 1, 2, 11, and 12 of Block 110 for Bud's Chicken, is before the Commission for consideration. The caption of Resolution No. 57-91 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING THAT PORTION OF A SIXTEEN (16) FOOT ALLEY LYING BETWEEN LOTS 1, 2, 11 AND 12, BLOCK 110, TOWN OF LINTON, AS RECORDED IN PLAT BOOK 1, PAGE 3, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; SAID PROPERTY BEING LOCATED ON THE SOUTH SIDE OF S.E. lST STREET, BETWEEN S.E. 5TH AVENUE AND S.E. 6TH AVENUE. (Copy of Resolution No. 57-91 is on file in the official Resolution Book) 8.G. Final Plat Approval. The Commission is to consider approval of the final plat for Bud's Chicken and Seafood Restaurant located on the south side of S.E. 1st Street, between S.E. 5th and 6th Avenues. 8.H. Award of Bids and Contracts. 1. Auto Parts - Vehicle Maintenance - Various Vendors in an estimated annual amount of $37,675 with funding from various Departmental Line Numbers/Vehicle Repairs - Garage (Account No. 000-0000-000-33.34). Mr. Mouw moved approval of the Consent Agenda as amended, seconded by Mr. Andrews. Upon roll call the Commission voted as fol- lows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. REGULAR AGENDA 9.A.A. (Item 8.C.) Approval of Credit Card~ Pro~ram A~reement. The Commission is to consider approval of an agreement between the City and -3- 7/23/91 .Consumer Payment Services, Inc. to allow customers to pay various City 'fees via credit or debit cards. Mr. Andrews stated, for the record, that he is not in favor of the Credit Card Program. The City Manager stated he feels it will be a benefit to some of the residents. Mr. Mouw stated this will be for a two year trial period. Dr. Alperin moved approval of the Credit Card Program, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - No; Mr. Randolph - Yes. Said motion passed with a 4 to 1 vote. 9.A. Review of Appealable Land Development Actions of Various Boards. The Commission is to consider accepting actions and decisions made by the Planning and Zoning Board, Site Plan Review and Appearance Board and the Historic Preservation Board during the period of July 9 through July 22, 1991. David Kovacs, Planning and Zoning director, reported on Wachtel Industries, Inc. and stated that the plat for the Griffin Gate Sub- division would be continued until July 29, 1991. Mayor Lynch stated a left turn from Palm Square is not allowed; however, the DDA has submitted a request to DOT to allow a left turn onto Atlantic Avenue after 5:00 P.M. to permit easy access to the restaurant. Dr. Alperin moved to receive and file the report, with correc- tions, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 9.B. Resolution No. 58-91/Expansion of Charge - Charter Review Committee. Resolution No. 58-91, incorporating the requests made by the Charter Review Committee with regard to expanding their charge, is before the Commission for consideration. The caption of Resolution No. 58-91 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH FLORIDA, AMENDING RESOLUTION NO. 50-91 WHICH ESTABLISHED A CHARTER REVISION COMMITTEE FOR THE SOLE PURPOSE OF REVIEWING THE CITY'S CHARTER WITH RESPECT TO THE ISSUE OF LENGTH OF TERM AND NUMBER OF TERMS TO BE PERMITTED FOR MAYOR/COMMISSIONERS, BY AMENDING SECTION 3 OF RESOLUTION NO. 50-91 WHICH PROVIDED FOR THE SOLE CHARGE AND PURPOSE OF SAID CHARTER REVISION COMMITTEE, BY EXPANDING THE CHARGE OF THE COMMITTEE TO INCLUDE A REVIEW OF THE CITY'S CITY'S CHARTER WITH RESPECT TO -4- 7/23/91 QUALIFICATIONS OF CANDIDATES FOR OFFICE, ENUMERATION OF SEAT NUMBERS, AND THE CONTINUANCE OF SECOND NONPARTISAN ELECTIONS. (Copy of Resolution No. 58-91 is on file in the official Resolution Book) Dr. Alperin stated he feels this request is premature. In response to Dr. Alperin, Mrs. In,rid Eckler, Chairperson of the Charter Revision Committee, stated the action was taken quickly because of the time limitation. The main priority is the first two items the Committee has been charged with, and with the time left between then and October 1st, the other issues will be looked at. This will allow the entire election process to be reviewed as it is set forth in the Code and the Charter. Mr. Randolph stated he would like to review this issue further and listen to the comments made at the Public Hearing. Mr. Mouw stated he would like to see the Committee proceed with the first two (2) items and have them reasonably well settled. Mr. Mouw moved for the adoption of Resolution No. 58-91, with the condition that the initial charge of the committee will be the priority, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - No; Mr. Andrews - No; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 3 to 2 vote. 9.C. Request to Hold Fund-Raising Event. The Commission is to consider a request from Phi Beta Sigma to hold a fish fry and live radio broad- cast, on Friday, July 26, 1991, on a vacant lot located on 404 W. Atlan- tic Avenue. City Manager recommends approval. Dr. Alperin moved approval of the Fund-Raising Event, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 9.D. Selection of Architectural Consultant(s). The Commission is to consider approval of the top two architectural consulting firms and authorizing staff to negotiate contracts for architectural services for Environmental Service/Water and Sewer projects. City Manager recommends approval. The City Manager advised that any individual project with an estimated construction cost in excess of $500,000 would have to have a separate selection process. Dr. Alperin moved approval of Robert S. Walters and David Miller and Associates, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. -5- 7/23/91 Before roll call the following discussion was held: Mr. Andrews stated there were no local firms in the selection and questioned the method of advertising. In response to Mr. Andrews, the City Manager stated the format for advertising is the Same as always used. The City Manager suggested having Miller & Associates come before the Commission to make a pre- sentation at such time that the Commission is asked to approve a service authorization for work by them of consequence or visibility. At this time the roll was called to the motion. 9.E. Renewal of Revised Cabana Agreement. The Commission is to consider approval of the three year renewal, until October 10, 1994, of the agreement between the City and Flamingo Cabanas, Inc. which provides for cabana services at the beach. City Manager recommends approval. Dr. Alperin stated that he would like it reinforced to the vendor to keep the cabanas' neat and 6rderly. Dr. Alperin moved approval of the revised agreement for the cabana service, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.F. Space Criteria/Fire Station No. 1. The Commission is to consider recommendations made by the architect, Currie Schneider, with respect to allocation of office space within the new Fire Station No. 1 facility. The City Manager stated that when the Commission reviewed the plans, a question regarding the office sizes was raised. The architect was requested to supply the criteria for comparison, which showed sizes were quite close together and staff recommended proceeding. Mr. Randolph moved to approve the proposed office size for Fire Station No. 1, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 9.G. S.D. Spady Elementary School Access Improvements. The Commis- sion is to review and discuss design of S.D. Spady access road improve- ments (N.W. 10th Avenue extension). In reply to Dr. Alperin, the City Attorney stated he did not have a signed copy of the agreement at this time. Dr. Alperin moved to continue the study, but not expend any additional funds until there is a true commitment from the School Board on the property north of Spady. -6- 7/23/91 Mr. Andrews stated he would like to review the minutes that contain the discussion of design. Dr. Alperin made a substitute motion to postpone this matter, subject to the conditions brought forth by the Commission, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch -Yes; Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote. 9.H. Appointment of an Alternate Member to the Civil Service Board. The Commission is to consider appointing a member to the vacant altern- ate position on the Civil Service Board. At the request of Mayor Lynch, Mr. Mouw moved to table this appointment and have it brought back at the discretion of the Mayor, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. PUBLIC HEARINGS At this point, the time being 7:00 P.M., the Commission moved to the duly advertised Public Hearings portion of the agenda. 10.A. Community Development Block Grant Proposed 1991-92 Statement of Objectives. The Commission is to consider conducting a public hearing on proposed expenditure of CDBG funds for fiscal year 1991-92. Prior to consideration, a public hearing has been schedulgd to be held at this time. City Manager recommends approval. Lula Butler, Director of Community Improvement, advised this is a standard procedure under the Federal guidelines where the City is re- quired, prior to submitting our funding application, each fiscal year to hold a formal Public Hearing before the City Commission. 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. Dr. Alperin moved approval of the proposed objectives of the Community Development Block Grant Statement, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. 10.B. Ordinance No. 27-91. Ordinance No. 27-91, rezoning the Smilack property located on the north side of the C-15 Canal between Federal Highway and the Intracoastal Waterway from Planned Residential District (PRD) to Specialized Activities District (SAD), 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. Planning and Zoning Board recommends approval. -7- 7/23/91 The City Manager presented Ordinance No. 27-91: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED PRD (PLANNED RESIDENTIAL DEVELOPMENT) DISTRICT IN SAD (SPECIAL ACTIVITIES) DISTRICT; SAID LAND BEING A PARCEL LYING IN SECTION 33, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, AND LOCATED ON THE NORTH SIDE OF THE C-15 CANAL, BETWEEN FEDERAL HIGHWAY AND THE INTRACOASTAL WATERWAY; PROVID- ING FOR THE ESTABLISHMENT OF USES ALLOWED FOR THE SUBJECT PROPERTY; PROVIDING FOR SITE AND DEVELOPMENT PLAN APPROVAL WITH CERTAIN CONDITIONS; AND AMENDING "ZONING DISTRICT MAP, DELRAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Attorney Allan C. Kauffman, representing the Pelican Harbor Homeowners Association, stated opposition to the Site Plan Approval. In reply to Dr. Alperin, the Past President of the Homeowners Association stated the docks at Captain's Walk are restricted to the homeowners adjacent to the docks. There are people who.own wharfs in Captain's walk but do not live there. Attorney Ron Kolins, 625 N. Flagler Dr., West Palm Beach, representing the applicant, stated every representation promise agree- ment that was made in response to the Commission's request has been complied with. In reply to Mr. Mouw, the attorney for the applicant stated, for the record, that there was to be no separate boatmen's associations blended into the existing boatowner's associations. The area not subject to the deed restrictions of Pelican Harbor property was to be brought under the jurisdiction of the Master Homeowner's Association. The public hearing was closed. Mr. Randolph questioned what is holding both parties away. Mr. Andrews stated Code Enforcement should cite this.property, and also questioned why an SAD is being done. In· reply to Mr. Andrews, Mr. Kauffman stated the SAD is being done for the docks. Mrs. Chico, resident, questioned if the townhouse owned by Mrs. Slyzyk can be used for a clubhouse at some future time. -8- 7/23/91 Mark Parquette, 426 Hunter Circle, stated he does not want his property devalued. The public hearing was closed. The City Attorney advised the residents that they are adequate- ly protected against the townhouse being used for a clubhouse unless there would be a change in the 'zoning regulations. Mr. Andrews moved for denial of Ordinance No. 27-91 on Second and FINAL Reading, seconded by Dr. Alperin on the basis that the City is not responsible for mitigating a risk that an individual took in devel- oping that dock. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 1. Request for Site Plan Approval. The Commission is to consider a a request for a site plan approval for the operation of eight existing docks by the Pelican Way Boatowners Association on the Smilack property located on the north side of the C-15 Canal between Federal Highway and the Intracoastal Waterway. Planning and Zoning Board recommends approval subject to conditions. This is a moot issue. 10.C. Ordinance No. 49-91. Ordinance No. 49-91, amending the list of conditional uses and structures allowed within the Community Facilities (CF) zone district to provide for commercial activities and businesses upon publicly owned lands as a conditional use, 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. City Manager and Planning and Zoning Board recommend approval. The City Manager presented Ordinance No. 49-91: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS", SECTION 4.4.21, "COMMUNITY FACILITIES (CF) DISTRICT", SUBSECTION 4.4.21 (D), "CONDITIONAL USES AND STRUCTURES ALLOWED", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ADDING A NEW SUB-SUBSECTION 4.4.21 (D) (3) TO PROVIDE FOR COMMERCIAL ACTIVITIES AND BUSINESSES UPON PUBLICLY OWNED LANDS AS A CONDITIONAL USE AND RENUMBERING SUB-SUBSECTIONS 4.4.21 (D)(3) THROUGH 4.4.21(D) (12) AS 4.4.21 (D) (4) THROUGH 4.4.21(D) (13); PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the -9- 7/23/91 laws of the State of Florida and the Charter of the City of Delray Beach, Florida. ~athryne Stokes, 1220 Southways, read a prepared statement which is attached into the record as part of the minutes. Elizabeth Matthews, 1024 White Drive, representing the Beach Property Homeowners Association, BPHA, read a prepared statement which is also attached into the record as part of the minutes. Jerry Marshall, 13737-A Via Aurora, Woodlake, spoke in favor of the boat operation. Alice Finst, 707 Place Travant, stated opposition against Ordinance No. 49-91. The public hearing was closed. The City Attorney stated the concession stand operates in the OS Zoning District and will be unaffected by this change. The City Attorney stated, at this time, the baseball school at Miller Park is a non-conforming use rather than a conditional use and in that capacity would be prohibited from using expanded areas. Mr. Kovacs stated that he felt the proposed ordinance would provide greater protection to potentially affected residents in that the conditional use process would require notification of property owners within 500 feet of any commercial operation which might be proposed for a park or other CF (Community Facility) zoned property. Otherwise, the Commission could simply make a determination that this is not a land use issue and find that the cruise boat is a recreational activity, operated under a license agreement, without any noticing or public hearing requirements. Dr. Alperin stated the boat should be docked at the south side of the bridge closer to businesses; not directly across from condominium residents. Mr. Mouw stated the boat is an attractive asset to the park. Mr. Randolph stated he supports the boat operation only north of the bridge and feels the City will would benefit from the boat operation. Mr. Andrews stated it can be determined that the boat is a recreational use and it enhances that particular park. Mayor Lynch stated the boat has worked out fine and has not caused any hardships or problems. 1. Request for Conditional Use Approval. The Commission is to consider a request for conditional use approval to operate a cruise ship -10- 7/23/91 and ticket sales at Veteran's Park. Planning and Zoning Board recom- mends approval. Chris Brown, Director of the CRA, spoke in favor of the boat operation. Bill Wood, Executive Director of the Delray Beach Chamber of Commerce, spoke in favor of the boat operation. Frank Spence, Executive Director of the DDA, stated the DDA supported a unanimous decision for the boat operation. Digby Bridges, Digby Bridges, Marsh & Associates, Architects, stated Captain Mark is the best person to operate the boat and urged the Commission to go with the license agreement. Mr. Randolph moved for continuance of Items 10.C. and 10.C.1 on Second and FINAL Reading to the meeting of August 13, 1991 with direc- tion to remand to Planning and Zoning for the review of the issues raised, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - No; Mr. Andrews - No; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 3 to 2 vote. It was the consensus of the Commission to formalize a license agreement with Captain Mark. 10.D. Ordinance No. 46-91. Ordinance No. 46-91, rezoning the Rubin property located on the east side of A-l-A, north of Linton Boulevard from Residential Medium Density (RM) to Residential Low Density (RL), is before the CoK~ission 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. The City Manager presented Ordinance No. 46-91: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM (MULTIPLE FAMILY RESIDENTIAL - MEDIUM DENSITY) DISTRICT IN RL (MULTIPLE FAMILY RESIDENTIAL - LOW DENSITY) DISTRICT; SAID LAND BEING LOCATED AT 1325 SOUTH OCEAN BOULEVARD (S.R. A-l-A), DELRAY BEACH, FLORIDA, AS MORE PARTICULARLY DESCRIBED HEREIN; AND AMENDING "ZONING DISTRICT MAP, DELRAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 46-91 is on file in the official Ordi- nance Book) At this time, Mr. Randolph left the Commission Chambers. -11- 7/23/91 The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mayor Lynch noted that the Beach Property Owners Association had requested a four (4) unit cap for the property. The Planning and Zoning Board, however, forwarded the rezoning for approval with a provision for a five (5) unit cap. If adopted as presented, Ordinance No. 46-91 provides that the maximum unit count on the property shall be no more than five dwelling units. Mr. Andrews moved for the adoption of Ordinance No. 46-91 on Second and FINAL Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 4 to 0 vote. 10.E. Ordinance No. 50-91. Ordinance No. 50-91, amending the Code of Ordinances to establish a County Court Citation (Notice to Appear) Fine Class schedule for nuisance abatement actions, is before the Commission on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been sched- uled to be held at this time. City Manager recommends approval. The City Manager presented Ordinance No. 50-91: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE III, "ADMINIS- TRATION'', CHAPTER 37, DELRAY BEACH CODE ENFORCEMENT", SECTION 37.45, "SUPPLEMENTAL CODE ENFORCEMENT PROCE- DURES'', OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING SUBSECTION 37.45(G) AND ENACTING A NEW SUBSECTION 37.45(G) TO PROVIDE FOR COUNTY COURT CITATION FINE CLASS SCHEDULE; PROVIDING A SAVINGS CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 50-91 is on file in the official Ordi- nance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Andrews moved for the adoption of Ordinance No. 50-91 on secOnd and FINAL Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC -12- 7/23/91 ll.A.1 The City Manager stated the plans for the mid-Congress Avenue median landscaping have been revised, but there is still a holdup at the County. This issue will be brought before the Office of the County Commission. Mr. Randolph returned to the Chambers at this time. ll.B.1 Dr. Paul Friedman, 2444 N.W. 8th Street, stated he sent a letter to the Commission on July 4th requesting to appear at a workshop meeting and has not had any response. Mayor Lynch stated the letter has been received, but if the City Manager, who runs the day to day operations of the City, does not feel the need for outside help or consulting, that would be his deci- sion. It was the consensus of the Commission to let the City Manager be the judge on whether Dr. Friedman's services may be needed. The City Manager stated at the present time he cannot justify the necessity to retain Dr. Friedman's services. Mayor Lynch stated this does not mean Dr. Friedman's services may not be needed in the future. ll.B.2. Alice Finst, 707 Place Travant, stated she would like to question the appointment process for the Boards and gave her suggestions and guidelines for appointing board members. FIRST READINGS 12.A. Ordinance No. 51-91. Ordinance No. 51-91, amending the Land Development Regulations and the Code of Ordinances to provide that the owner, tenant, or occupant of each lot or parcel of land within the City, upon which a building is constructed, and which abuts on or is within 200 feet of any street or other public way containing a sanitary sewer shall connect that building with the sanitary sewer within 90 days after the sanitary sewer is available, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held August 13, 1991. City Manager recommends approval. The City Manager presented Ordinance No. 51-91: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 6, "INFRA- STRUCTURE AND PUBLIC PROPERTY", SECTION 6.1.11, "SEWER SYSTEM", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, AND TITLE 5, "PUBLIC WORKS", CHAPTER 54, "SEWERS", SECTION 54.16, "CONNECTION WITH SANITARY SEWER UPON AVAILABIL- ITY'', OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ALLOWING FOR 90 DAYS TO CONNECT TO THE SANITARY SEWER SYSTEM; PROVIDING A GENERAL REPEAL- ER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. -13- 7/23/91 The City Attorney read the caption of the ordinance. Dr. Alperin moved for the adoption of Ordinance No. 51-91 on First Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. At this time the Commission returned to the Regular Agenda. 9.I. Appointment of Three Members to. The Education board. The Commission is to consider the appointment of three members to fill the vacancies created by the expiration of the terms of Thomas Fleming (business person), Beth Mulholland (parent) and Lillie Parker (Crisis Committee). Mr. Andrews requested his appointment be postponed to the meeting of August 13, 1991. Mr. Randolph thanked and commended Lillie Parker for the excellent services she performed while a member of the Education Board. Mr. Randolph moved to appoint Deborah Wright to the Education Board, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - No; Mr. Randolph - Yes. Said motion passed with a 4 to 1 vote. Mr. Mouw requested his appointment be postponed to the meeting of August 13, 1991. 9.J. Approval of Contract and Approval of Service Authorization No. 1. The Commission is to consider the approval of the contract between the City and Heller-Weaver and Cato, Inc. for surveying services in conjunction with the design phase of the Alleyway Reconstruction Program and approve Service Authorization No. 1 in an amount not to exceed $49,500 for surveying services. Funding is available in the Decade of Excellence Bond Issue (Account No. 225-3162-541-61.43). Dr. Alperin moved to approve the base contract between the City and Heller-Weaver and Cato, Inc. and also the Service Authorization No. 1, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. Comments and Inquiries pn. Non-Agenda Items 13.A.1. Mayor Lynch advised the County Commission is setting aside one-half hour per month to hear from municipalities. This will be a good opportunity for the City to address concerns. -14- 7/23/91 13.A.2. Mayor Lynch stated the DDA has requested, by letter, that the City take over the responsibilities of the parking lots as the City already maintains them. It was the consensus of the Commission for the City Attorney to resubmit a letter requesting that area be deeded over to the City and not have the City turn over the insurance. 13.A.3. Mayor Lynch requested someone assume his responsibility at the Beach Festival to present the trophies as he will be unable to attend. 13.A.4. Mayor Lynch gave the City Manager a letter that had been received from the Library regarding sidewalks and requested he come back to the Commission with his recommendation. 13.A.5. Mayor Lynch requested either Engineering or Traffic check into the le~t turn from Palm Square onto Atlantic Avenue going west. 13.A.6. Mayor Lynch recommended all the Commissioners be in attendance for the Municipal League meeting. 13.A.7. Mayor Lynch requested the City Attorney give an opinion on the towing contract. 13.A.8. Mr. Andrews requested the City Manager be in contact with Code Enforcement regarding the Smilack property. 13.A.9. Mr. Andrews requested, with regard to a letter from Del Ida Park Neighborhood Association, to have Code Enforcement check the potential landlord violations of running boarding houses as opposed to rental apartments. 13.A.10. Dr. Alperin questioned if the possibility, of putting a traffic light at Palm Square which would be triggered for left turns only could be checked into. Mayor Lynch stated the ideal recommendation is that eventually the entrance come out at 7th Avenue and that whole piece be tied togeth- er for parking. In the interim, Dr. Alperin could pass his recommenda- tion to staff for consideration. 13.A.11. Dr. Alperin stated he would like to have a workshop with the Countywide Planning Council staff regarding the estimated growth, budget and population projections for Palm Beach County. 13.A.12. Mr. Mouw stated unless there is a a specific request from a Commission member, an item such as the Israeli Bonds issue should not be placed on an agenda. 13.B.1. The City Attorney reported that Mr. Kovacs has prepared a flea market draft proposal which is in line with Commission directions. The first reading will be on August 13, 1991 and the second reading will be August 27, 1991. This ordinance would limit the opportunity for flea markets to be located within the City. -15- 7/23/91 Mayor Lynch suggested the need to expedite this issue. 13.C.1. The City Manager advised that next Tuesday, July 30., 1991, at 6:00 P.M., would be the most convenient time to have the proposed budget meeting. 13.C.2. The City Manager stated the City received requests from the Education Board; one would be a letter sent to former Superintendent Tom Mills acknowledging his cooperation and the other would be for the City to host a reception in August or September for the new Superintendent. It was the consensus of the Commission to send a letter to former Superintendent Mills. Mayor Lynch declared the meeting adjourned at 9:45 P.M. ~ Ci{~ ~lerk ' 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 July 23, 1991, whic~ minutes were formally approved and adopted by the City Commission on ~l~/~Dg~/~. /99/ -~ / / City Cl~rk - NOTE TO READER: If the minutes that you have received are not completed as indicated above, then this means that these are not the official minutes of 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. -16- 7/23/91 Prepared statement by Kathy Stokes, resident of Delray Beach and Co-chair of the Recreation and Open Space Task Team for the Comprehensive Plan, presented on July 23, 1991, at the second reading before the Delray Beach City Commission on a proposed amendment to the allowable conditional uses in the CF Zone District. Pursuant to Florida Statute 163.3194 (attached to this statement), the state mandates that, after a comprehensive plan has been adopted, land development regulations (LDR's) and any amendments to them must be consistent to the compre- hensive plan. Specifically, a land regulation shall be con- sistent if the land uses, densities or intensities, and oth- er aspects of development permitted by the LDR are compatible with and further the objectives, policies, land uses and densities in the comprehensive plan. If approved by the City Commission, this proposed LDR amend- ment for the conditional use to conduct commercial activi- ties and businesses of a permanent nature upon publicly owned lands would result in a CF Zoning Oistrict which is no longer consistent with the Comp Plan. This proposed LDR amendment conflicts with policy in the land use category de- scription for Recreation and Open Space Land Use in our Com- prehensive Plan (attached to this statement). Therefore, if this amendment is passed, I will file a peti- tion with the Florida Department of Community Affairs (DCA) for an administrative review of this Land Development Regu- lation pursuant to Rule 9J-24.007 of the Florida Administra- tion Code. Notwithstanding the local rule requiring a court reporter for appeals, in order to file this petition accord- ing to the DCA, I do not need to have a court reporter pres- ent and the fact that the City is required to record this meeting and preserve the tapes constitutes a sufficient re- cord. This information was provided by Ken Goldberg, the staff attorney responsible for Oelray Beach in the OCA's Le- gal Department. If you need confirmation, the Legal Depart- ment's telephone number in Taltahassee is 904-488-0410. If I am not permitted to complete my presentation, I hereby request that this prepared statement, copies of which I have handed to the Clerk and to the City Commissioners, be made part of the minutes of this meeting. This proposed LDR that is before the Commission tonight was recommended for approva! by the P&Z Board on Monday, July 15, 1991. This decision was based on a P&Z Staff Report (attached to this statement) that has three major problems. The P&Z Staff report has something wrong, something mislead- lng and something missing. The P&Z Staff report states that the City Attorney and the Director of Planning have agreed on the proposed amendment language in order to give it broader application to solve problems related with commercial uses allowed on public property. The first example is the lounge chair concession on the beach. This is the "something wrong" in the staff report. I would point out to you that this concession was grandfathered in and as such cannot be construed to be at odds with the land use ordinances. More importantly, this concession operates at the beach which is zoned OS, which stands for the Open Space Zoning District. Making a change in CF zoning will not have any affect on anything in OS zon- ing. Now let's go to the "something misleading." The second ex- ample in the Staff Report for why a change is necessary is that perhaps the Baseball School operation at Miller park represents another problem involving commercial uses allowed on public property. It is simply misleading to say "per- haps": either the Baseball School was grandfathered in be- fore CF zoning or it wasn't. I talked by phone last week to the City Attorney, and he assured me he would have the search completed tonight regarding whether the Baseball School operation is grandfathered or not. If, as I believe to be the case, the Baseball school is grandfathered, then it is not required to meet CF zoning requirements. Alterna- tively, if the Baseball School contract is not grandfath- ered, then the City has a much more serious problem since the CF zoning as it stands now would represent an inverse condemnation of the school's right to operate on public land. The heart of my petition to the DCA will go to the "some- thing missing" in this P&Z Staff RePort. What is missing from this report is a request for the LPA to determine whether the proposed use permitted in this LDR amendment is compatible with and furthers the objectives, policies and land uses, and densities or intensities in the comprehensive plan. I am sure that sounds complicated so let me walk you quickly through the applicable sections of the Florida Stat- utes and the City's Comprehensive Plan. Florida Statute 183.3194 provides that no land development regulation, land development code, or amendment thereto shall be adopted by the governing body (that's the City Com- mission in Delray) until such regulation, code or amendment has been referred either to the local planning agency, or to a separate land development regulation commission created pursuant to local ordinance, or both. Since the P&Z Board was appointed our local planning agency by Ordinance 21-76, approved on June 14, 1976, and Delray has not appointed a separate land development regulation commission, a proposed LDR change must be referred to the P&Z Board which has the duties of the LPA. The Commission did send the proposed amendment to the P&Z Board for review. However, both the P&Z Staff Report and the discussion by the P&Z Board members ignored the further re- quirements of Florida Statute 163.3194 that the amendment should be referred "for review and recommendation as to the relationship of such proposal to the adopted comprehensive plan, or element or portion thereof." (Fla. Stat. 163.3194(2)). /he staff report did not request the LPA to determine whether this proposed amendment was compatible with the policies and land uses in the Comp Plan. Further- more, I attended this meeting, and there was no discussion by P&Z Board members regarding the proposed amendment's con- sistency with the Comp Plan prior to their vote of recommen- dation of approval. If the P&Z Board members, sitting in their role of LPA, had reviewed this proposal in relation to Comprehensive Plan, they would have discovered that the proposed amendment is inconsistent with policies given in the description of the land use category of the Recreation and Open Space, which ~s in Section 5 of the Future Land Use Element. This description states that Recreation and Open Space Land Use applies to public recreation areas (such as munici- pal parks), to open space areas, and to conservation areas. The description also contains the policy that "[1]and shown under this designation shall not be used for any purpose other than recreation, open space, or conservation. The description also states that both CF and OS zoning districts are consistent with Recreation and Open Space land use designation. Adding the conditional use of commercial activity to the CF Zone District will render that zone district incon- sistent with the Recreation and Open Space Land Use because its policy clearly states that land shown under this desig- nation shall not be used for any purpose other than recre- ation, open space or conservation. In fact, having co- chaired the Recreation and Open Space Task Team, I can as- sure that task team discussions focused on the recreational aspects of the parks, and this land use policy about use of recreation lands reflects those discussions. Consequently, this LDR proposal should never have come before the City Commission because the LPA should have stu- died the land use description and policies for Recreation and Open Space and found that, if adopted, this proposal would make the CF Zoning District incompatible with the land use policy for recreation, open space and conservation ar- eas. Finally, even if you send this proposed LDR amendment back to the LPA for a finding and they determine it is con- sistent with the Comp Plan, a petition to the DCA is still appropriate should the City Commission approve the amend- ment. As a substantially affected person, I believe that this LDR amendment is incompatible with the policy in the Recreation and Open Space Land Use that "[1]and shown under this designation shall not be used for any purpose other than recreation, open space, or conservation, and I have a right of petition to have an administrative review by the DCA. Attachments: Florida Statute 163.3194 Land Use category description for Recreation and Open Land Use, Sec. 5 of the Future Land Use Element of City of Delray 8each Compre- hensive Plan P&Z Staff Report, for the meeting of 3uly 15, for Agenda Item II.A. Allowable Conditional Uses in the CF Zone District Ch. 163 INTERGOVERNMENTAL PROGRAMS F.S. 1989 163.3194 Legal status of comprehensive plan.-- comprehensive plan, or element or elements thereof, re- (1)(a) After a comprehensive plan, or element or per- lating to the issue iusticiably raised or the appropriate. lion thereof, has been adopted in conformity with this ness and completeness of the comprehensive plan, or act, all development undertaken by. and all actions tak- element or elements thereof, in relation to the govern. en m regard to development orders by. governmental mental action or development regulation under consid. agencies in regard to land covered by such plan or ele- eration The court may consider the relationship of the ment shall be consistent with such plan or element as comprehensive plan, or element or elements thereof, ~o adopted the governmental action taken or the development ragu. (b) All land development regulations enacted or lation involved in litigation, but privale property shall not amended shall be consistent with the adopted compre- be taken without due process of law and the payment hensive plan, or element or portion thereof, and any land of just compensation. development regulations existing at the time of adoption (b) It is the intent of this act that the comprehensive which are not consistent with the adopted comprehen- plan set general guidelines and principles concerning sive plan, or element or portion thereof, shall be amend- purposes and contents and that this act shall be con. ed so as to be consistent. If a local government allows strued broadly to accomplish its stated purposes and an existing land development regulation which is incon- objectives. sistent with the most recently adopted comprehensive (5) The tax-exempt status of lands classified as ag. plan, or element or portion thereof, to remain in effect, ricultural under s, 193.461 shall not be affected by any the local government shall adopt a schedule for bringing, comprehensive plan adopted under this act as long as the land development regulation into conformity with the the land meets the criteria set forth in s. 193.461. provisions of the most recently adopted comprehensive .mo~.-.. ~2. ch. 7s-~ST: ,. ~. ¢~. 77-.4~ ~ z c.. 77-=3: ,. ~2. c.. e0-3~ plan, or element or portion thereof. During the interim s. 6~. ¢.. er-;.~'-.a:.., c. es-ss. period when the provisions of the most recently adopted 163.3197 Legal status of prior comprehenllvt plln. comprehensive plan, or element or portion thereof, and Where, prior to the adoption of a revised plan pursuant the land development regulations are inconsistent, the to s. 163.3167(2), a local government had adopted a provisions of the most recently adopted comprehensive comprehensive plan, or element or portion thereof, such plan, or element or portion thereof, shall govern any ac- adopted plan, or element or portion thereof, shall have lion taken in regard to an application for a development order, such force and effect as it had at the date of adoption (2) After a ~ Dian f(x the Ilea, or ele- until a new comprehensive plan, or element or portion thereof, is adopted by or for such local government Dur- ment or portion thereof, is IdOl)tad 13,/ the govlrnkl~ suant to the provisions of this act. The prior adopted body, no land developr.ent ro(:jUbltim~ land develop- ment code, or amendment thereto ihail II)l Idol)ted 13~ plan, or element or portion thereof, may be the basis for the governing body until m,fch regulltiorli code, ~ meeting the requirement of comprehensive plan adop. amendment has been referred either to the local pMtl- lion set out in this act, provided all requirements of this ning agency or to a separate land development regula- act are met. ~.--· 13. c~. 75--2~7; · 12, ch 8S-ss tion commission created pursuant to local ordinance, or to both, for review and recommendation II to the rill- 163.3201 Relationship of comprehensive plan to tionship of such proposal to the ~tad ~ exercise of land development regulatory authority.--It plan, or element or portion thereOI. Said recommenda- is the intent of this act that adopted comprehensive lion shall be made within a reasonable time. but no later plans or elements thereof shall be implemented, in part. than within 2 months after the time of reference. If a rec- by the adoption and enforcement of appropriate local ommendation is not made within the time provided, then regulations on the development of lands and waters the governing body may act on the adoption, within an area. It is the intent of this act that the adoption (3)(a) A development order or Iltld dlvefolDme~ and enforcement by a governing body of regulations for regulation shall be conli~tan~ with the (~ the development of land or the adoption and enforce- plan if the land u.e~ densities or intensities, and other merit by a governing body of a land development code aspects of development ~ IlJeh ~ of_r(l~ for an area shall be based on, be related to, and be a ulation are conll:)ltil~, wilh arid fl jet lilt the OI3jlCtivl~ means of implementation for an adopted comprehen- policies, land ~.~_and densities or intensities in ~ sive plan as required by this act. comprehen~f!:~li¥1lmd if it meets all other criteria enu- H~.rf.--~. ~4, c~ ~5-~S?; ,. ~3. c. es-ss aerated by the local government. (b) A development approved or undertaken by a Io- 163.3202 Land development reguletionl.-- cai government shall be consistent with the comprehen- (t) Within 1 year after submission of its revised corn- sive plan if the land uses, densities or intensities, capaci- prehensive plan for review pursuant to s. 163.3167(2), ty or size, timing, and other aspects of the development each county', each municipality required lo include a are compatible with and further the objectives: policies, coastal management element in its comprehensive plan land uses, and densities or intensities in the comprehen- pursuant to s. 163.3177(6)(g), and each other municipali- stye plan and if it meets all other criteria enumerated by ty in this state shall adopt or amend and enforce land the local government, development regulations that are consistent W~th and (4)(a) A court, in reviewing local governmental ac- implement their adopted comprehensive plan. lion or development regulations under this act, may con- (2) Local land development regulations shall contain sider, among other things, the reasonableness of the specific and detailed provisions necessary or desirable 958 Land Use Category Description for RECREATION & OPEN SPACE LAND USE, including zoning categories consistent with this category I__N Section 5 of the Future Land Use Element of the City of Delray Beach Comprehensive Plan "RECREATION & OPEN SPACE LAND USE: This desgination applies to public recreation areas (such as municipal parks), to open space areas, and to conservation areas. Open space ar- eas include canals, waterways, 'beaches, shores, estuarine systems, golf courses, private open (common) areas within planned developments, and undevelopable parcels. Public recreational areas which also have indoor facilities (e.g. community centers) are more apt to be shown as "Community Facilities." The conservation properties are those lands shown on the Conservation Map. Land shown under this desig- nation shall not be used for any purpose other than recre- tion, open space, or conservation. Zoning districts which are consistent with this land use designation are: ~ Community Facilities (CF) Open Space (OS) (This zoning district will be cre- ated after adoption of the Comprehensive Plan)" PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: JULY 15, 1990 AGENDA ITEM: II.A. Allowable Conditional Uses in the CF Zone District ITEM BEFORE THE BOARD: The item before the Board is that of making a recommendation to the City Commission with respect to adding a use to the list of conditional uses in the CF Zone District. The use is mooring and embarkation of a waterway cruise boat. BACKGROUND: During consideration of alternative locations for the Stillwater Cruise operation, it was decided to look at the seawall along Veteran's Park. However, as written, the LDRs do not accommodate such uses in the C.F. zone district. In further review of this situation, it is noted that there are o~her commercial uses allowed on public property e.g. the lounge chair concession on the J~ and, ~, the Baseball School operation at Miller Field. Given th~rder application, the City Attorney and the Director of Planning agreed on the proposed language. Attached is the City Commission documentation which was prepared for first reading consideration of the enacting ordinance. Second reading was deferred until July 23rd so that a formal recommendation could be obtained from the Planning and Zoning Board. ANALYSIS: While the code will be changed to accommodate consideration of such uses, the use cannot be established until a duly notice public hearing has been held before the Planning and Zoning Board, approval has been granted, and through separate instrument an agreement entered into between the proprietor and the City Commission. RECOMMENDED ACTION: By motion, recommend approval of adding the proposed language for the conditional use in the C.F. zone district. Attachments: * CC Documentation of June 25, 1991 II.A. CITY COMMISSION DOCU.MENTATION TO: DAVID HARDEN, CITY MANAGER DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF JUNE 25, 1991 FIRST READINGt MODIFICATION TO CONDITIONAL USES ALLOWED IN THE CF ZONE DISTRICT ACTION ~EQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading of an ordinance which adds an additional conditional use to the gommunity Facilities (CF) Zone District. BACKGROUND: This proposed amendment is in anticipation of a request which would allow use of public facilities at Veteran's Park for the conduct of a commercial operation i.e. mooring and embarkation of a waterway cruise boat. Even thought this item is being considered due to the potential land use request, it also has application to other public lands throughout the City. For example, there is a beach lounge chair concession on the beach which, while grandfathered, could be construed to be at odds with our land use ordinances. Other similar situations also exist. PROPOSAL: It is proposed that the following be added as a conditional itse. within the CF Zone District: 4.4.21(D)(3) -new and renumber remaining items: (3) Conduct of commercial activities and businesses of a permanent nature upon publicly owned lands. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning ~oar4 has not formalk~his item. It will be reviewed[in.special 'sess~on~~as the need dictates, so that-a formal recommendation is pr~-vided prior to second reading.