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11-26-91 NOVEMBER 26, 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 6:04 P.M., Tuesday, November 26, 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 Michael Castronis of The First Presbyterian Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. The City Attorney requested Item No. 8.A., Agreement With Habitat For Humanity, be moved to the Regular Agenda as Item No. 9.AA in order to explain what the concept is. This item will require further advertising and should be deferred to the December 10, 1991 agenda. Mr. Mouw moved approval of the agenda as amended, seconded by Mr. Andrews. 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. Approval of Minutes. None. 6. Proclamations. None. 7. Presentations. None. CONSENT AGENDA 8.A. Please see Regular Agenda Item No. 9.AA. 8.B. Resolution No. 88-91. Resolution No. 88-91, assessing the cost for abatement action necessary to board up an unsafe structure located at 231 S.E. 3rd Avenue, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 88-91 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND (S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (Copy of Resolution No. 88-91 is on file in the official Resolution Book) 8.C. Resolution No. 89-91. Resolution No. 89-91, assessing the cost for abatement action necessary to demolish an unsafe building located at 322 S.W. 2nd Street, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 89-91 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,M FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND (S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (Copy of Resolution No. 89-91 is on file in the official Resolution Book) 8.D. Resolution No. 90-91. Resolution No. 90-91, assessing the costs for abatement action necessary to demolish an unsafe building located at 702 S.W. 10th Street, is before the Commission for con- sideration. Approval is recommended. The caption of Resolution No. 90-91 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS -2- 11/26/91 FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND (S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (Copy of Resolution No. 90-91 is on file in the official Resolution Book) 8.E. Resolution No. 91-91. Resolution No. 91-91, assessing the costs for abatement action necessary to demolish an unsafe building located at 911 North Federal Highway, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 91-91 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND (S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE THE MAILING OF NOTICE. (Copy of Resolution No. 91-91 is on file in the official Resolution Book) 8.F. Award of Bids and Contracts. Approval is recommended. 1. Copy Machine - Fire Department - Danka Business Systems in the amount of $11,256 with funding from (Account No. 001-2311-522-60.86). Dr. Alperin moved approval of the Consent Agenda as amended, seconded by Mr. Mouw. 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. REGULAR AGENDA 9.AA. (Item No. 8.A.) Agreement with Habitat For Humanity. The Commission is to consider approval of an agreement with Habitat for Humanity to build five (5) homes on lots provided by the City for low-income families by September 30, 1993; authorize the use of Communi- ty Development Block Grant funds to purchase such lots and provide site -3- 11/26/91 improvements; and, waive all permit fees for such units. Approval is recommended. The City Attorney stated this item has to do with the City committing to the transfer of land. Lula Butler, Director of Community Improvement, stated this is an excellent way of meeting some of the housing goals and they would like to commit the use of some of the City's CBDG funds to acquire property. Dr. Alperin moved approval of the concept of the Agreement with Habitat for Humanity, 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.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 November 19, 1991 through November 25, 1991. Dr. Alperin moved to receive and file the report, 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. 9.B. Request for Conditional Use Approval/Assemblies of God. The Commission is to consider a request for conditional use approval to establish a church, Assemblies of God, on Swinton Avenue, south of S.E. 4th Street. Planning and Zoning Board recommends approval subject to the following conditions: A. Submission of a full site plan application to be processed pursuant to Section 2.4.3 of the land Development Regulations and to address the "Technical Items" listed in the Staff Report. B. That a revised traffic study be submitted prior to, or concurrent with, the full site plan application. C. Replacement of improperly removed trees. D. Sensitive lighting fixtures be incorporated into the site plan. A letter was received from Michael Listick, attorney and neighboring resident, outlining four additional conditions which he would like attached to the approval, a copy of which is attached hereto and incorporated herein. Mr. Randolph moved approval of the Conditional Use for Assem- blies of God, with the inclusion of condition number one (1) of Mr. Listick's letter; the hedge to be maintained at the height allowed by -4- 11/26/91 code, and the recommendation from the Planning and Zoning Board, second- ed by Mr. Mouw. 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.C. Request For Conditional Use Approval/Griffin Gate. The Commis- sion is to consider a request for conditional use approval to establish a duplex zero lot line development on South Swinton Avenue, south of S.E. 4th Street. Planning and Zoning Board recommends approval subject to the following conditions: A. That the site plan submission shall be in substantial compliance with the sketch plan and accompanying illustrative architectural elevations and that additional on-site parking be provided. B. That the plat be submitted concurrent with the site plan submission. C. That copies of the proposed Homeowners Association documents be provided with the "concurrent" submission. In reply to Mr. Mouw, Janet Meeks, Planner II, stated each side of the five (5) duplexes were intended to be fee simple. Kevin Egan, Chairman of the CRA, stated the CRA was comfortable with the project, although there is some concern that the owner occupied property would become a rental property. Discussion was had concerning the Commission's expressed desire that this project strongly emphasize owner occupancy. Mr. Mouw moved approval of the Conditional Use for Griffin Gate, including conditions, seconded by Mr. Randolph. 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. 9.D. Request For Waiver of Application Processing Fee. The Commis- sion is to consider a request from the owners of the Griffin Gate subdivision for waiver of the land use application processing fees for the conditional use and platting items associated with Griffin Gage. City Manager recommends denial. Mr. Mouw moved for denial of the waiver, and recommended the plea be taken before the CRA, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 4 to 0 vote. Before roll call Mr. Andrews left the Commission Chambers. 9.E. Request For Waiver of Rezoning Petition Processing Fee. The Commission is to consider a request from Mr. Buchbinder for a waiver of -5- 11/26/91 the rezoning petition application fee in conjunction with his proposal to demolish an existing office structure located on the southeast corner of S.E. 2nd Street and S.E. 3rd Street and construct a new medical office/residence structure. Mr. Mouw moved for denial of the request for waiver, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. At this time Mr. Andrews returned to the Commission Chambers. 9.F. Final Report/Carver Task Force. The Commission is to consider receiving and providing direction on the Final Report and Recommend- ations of the Carver Middle School Task Force. Lula Butler stated the Task Team report concludes the re- commendations for a comprehensive social service component to be devel- oped within the facility, a full scale recreational facility, and continuance of the School Board maintaining a focussed educational and vocational process. The City Manager stated if the Commission is in agreement is with the report, the recommendations could be authorized for transmittal to the School Board along with authorization for staff to incorporate these recommendations into the Comprehensive Plan and and capital budgeting process. Mr. Randolph moved to receive the report, have a copy sent to the School Board with the request for a meeting with the School Board, and that City staff be directed to introduce the necessary elements into the Comprehensive Plan, seconded by Dr. Alperin. 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.G. Request For Funding/Old School Square. Mr. Andrews moved to place this Item on the Public Hearing at 7:00 P.M., 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.H. Resolution No. 95-91. Resolution No. 95-91, authorizing the execution of railroad crossing agreements and other related agreements for the transfer of maintenance responsibility from the State to the City for the railroad crossing at East Atlantic Avenue, is before the Commission for consideration. City Manager recommends approval. The City Manager presented Resolution No. 95-91: A RESOLUTION AUTHORIZING EXECUTION OF RAILROAD CROSSING AGREEMENTS AND OTHER RELATED AGREEMENTS PROVIDING FOR -6- 11/26/91 SUBSTITUTION OF THE CITY OF DELRAY BEACH AS A PARTY TO THE AGREEMENT IN PLACE OF THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, OR ITS PREDECESSORS, AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney did not read the caption of Resolution No. 95-91. Mr. Mouw moved to table Item No. 9.H. and Item No. 9.I. until the meeting of December 3, 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. 9.I Resolution No. 96-91/Supplemental Agreement No. 2. Resolution No. 2, authorizing execution of a railroad reimbursement agreement for the construction of railroad grade crossings and installation of traffic control devices, future maintenance and adjustment of devices, and appropriation of Federal funding for the railroad crossing at S.E. 10th Street, is before the Commission for consideration. City Manager recommends approval. The City Manager presented Resolution No. 96-91: A RESOLUTION AUTHORIZING EXECUTION OF A RAILROAD REIM- BURSEMENT AGREEMENT FOR THE CONSTRUCTION OF RAILROAD GRADE CROSSINGS, AND FUTURE MAINTENANCE AND ADJUSTMENT OF SAID CROSSINGS AND DEVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS; AND PROVIDING WHEN THIS RESOLUTION SHALL TAKE EFFECT. The City Attorney did not read the caption of Resolution No. 96-91. Please see the motion from Item No. 9.H. 9.J. Declaration of Emergency/Waiver of Code Provisions. The Commission is to consider declaring an emergency and waiver of the provisions of Chapter 101, "Parks, Beach and Recreation", Section 101.32, "Assemblies" to permit the assembly of approximately 200 people on the Municipal Beach on Thursday, November 28, 1991. Dr. Alperin moved to declare an emergency and waive Section 101.32, 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.K. Award of Contract/Temporary Fire Station No. 5. The Commission is to consider awarding the contract for the construction of temporary Fire Station No. 5 to Hardrives, Inc. in the amount of $36,000 with funding from Decade of Excellence Bond Issue (Account No. 225-2311- 522-61.57). -7- 11/26/91 Mr. Mouw moved approval of the contract for construction of temporary Fire Station No. 5 to Hardrives, Inc., 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. FIRST READINGS 12.A. Ordinance No. 54-91. Ordinance No. 54-91, amending the Land Development Regulations to provide for multi-tenant establishments as a conditional use in the GC (General Commercial), PC (Planned Commercial) and CBD (Central Business District) zone districts, is before the Commission for consideration on First Reading. Planning and Zoning Board recommends approval. If passed, Public Hearing will be held December 10, 1991. The City Manager presented Ordinance No. 54-91: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING APPENDIX A, "DEFINI- TION'', SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES", SECTION 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT", SECTION 4.4.13, "CENTRAL BUSINESS DISTRICT", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ENACTING A DEFINITION FOR THE TERM "MAR- KET'' AND BY PROVIDING RULES AND REGULATIONS GOVERNING MARKETS WITHIN THE CITY OF DELRAY BEACH, FLORIDA, TO PROVIDE FOR MARKETS AS A CONDITIONAL USE IN THE GENERAL COMMERCIAL, PLANNED COMMERCIAL, AND CENTRAL BUSINESS DISTRICTS; PROVIDING A SAVING CLAUSE; PROVID- ING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Arthur Jackel, 784 N.W. 25th Avenue, questioned the "average" square footage requirement for single merchant spaces. Kevin Egan, Chairman of the CRA, stated that he understood the intent of the ordinance, but the CRA would like the CBD exempted. In reply to Mayor Lynch, the City Attorney stated every build- ing with a common entrance and footage greater than ten thousand (10,000) square feet would be the definition of a market. It was the majority consensus of the Commission for staff to review the following and come back to the Commission: (1) Obtain a better definition of market and where it would be applicable; (2) Make the ordinance tougher; similar to where it 8 11/26/91 was before; and (3) Possibly working something out where the CRA would have some control in their particular jurisdiction in the Central Business District, or the possibility of exempting the CBD from the ordinance. 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. 9.G. Request For Funding/Old School Square. The Commission is to consider a request from Old School Square, Inc. for funding in the amount of $435,000 to complete the renovation of the theater complex. Prior to consideration, a public hearing has been scheduled to be held at this time. The following people spoke in favor of the funding: Frances Bourque Chairman of the Board - OSS Ron Baker 415 Crestwood Drive, Delray Alan Armour Vice Chairman - OSS Michael Weiner 509 Oleander Lane, Delray Spencer Pompey 1122 N.W. 2nd Street, Delray Robert Currie 25 Seabreeze Avenue, Delray Frank Wheat 4626 S. Lake Dr., Boynton Beach San~ra Almy 1103 Vista Del Mar S. - Employee OSS Joe Gillie Board of Directors - OSS Sandy Simon On Board of OSS - Chairman of Board Morikami Museum Jerry Marshall Woodlake, Delray Debra Dowd Delray resident Gloria Adams Delray resident Tim A!my 1103 Vista Del Mar S. Board Member - OSS The following people spoke in opposition of the funding: Lorraine Kasper 3000 Spanish Trail, Delray Jerry Merkle Delray resident Lillian Feldman Chairman of Delray Breakfast Club Donna Mims Resident of Sherwood Park Arthur Jackel 784 N.W. 25th Avenue, Delray Gerald DeFoe 142 Mockingbird Lane, Delray Rosalind Murray 4240 B Village Drive, Delray George Ritchford 2129 S.W. 35th Avenue, Delray Mary Banting 946 Tropic Blvd., Delray Nancy Olmstead 947 Jasmine Drive, Delray Jay Slavin 2601 N.W. 10th Court, Delray Jean Beer 945 Tropic Blvd., Delray Mayor Lynch closed the Public Hearing. -9- 11/26/91 Commissioner Mouw stated this is an investment in the future that the City cannot afford not to make. Dr. Alperin stated this project cannot be neglected, but this is not the right time to be supporting this expenditure. Mr. Andrews recommended looking further at this project and trying to get the amount of needed money lowered. Mr. Randolph stated he would like to support this issue; how- ever, there is a genuine concern with finances at this time. Mayor Lynch stated there is a way between the City and Old School Square, which is a private sector, and this can be made to work. It was the unanimous consensus of the Commission to refer this issue back to staff to see if there is a way to make this a private/ public venture. 10.C. Resolution No. 93-91. Resolution No. 93-91, amending the Community Redevelopment Plan with regard to marketing, promotion, and economic development activities, is before the Commission for considera- tion. Prior to consideration of this resolution, a public hearing has been scheduled to be held at this time. The City Manager presented Resolution No. 93-91: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, MODIFYING THE COMMUNITY REDEVELOPMENT PLAN FOR THE CITY OF DELRAY BEACH, FLORIDA; TO PROVIDE FOR THE COMMUNITY REDEVELOPMENT AGENCY'S PARTICIPATION AND FUNDING IN PUBLIC EVENTS, PROMOTIONS, AND OTHER PROGRAMS WITHIN THE COMMUNITY REDEVELOPMENT AREA TO FOSTER ECONOMIC STABILIZATION AND REDEVELOPMENT; FINDING THAT THE MODIFICATION CONFORMS TO THE COMMUNITY REDEVEL- OPMENT ACT OF 1969, AS AMENDED; FINDING THAT THE MODIFI- CATION IS CONSISTENT WITH THE CITY OF DELRAY BEACH'S COMPREHENSIVE PLAN, AND MAKING FURTHER FINDINGS PURSUANT TO THE PLAN, AN MAKING FURTHER FINDINGS PURSUANT TO THE APPLICABLE REQUIREMENTS OF FLORIDA STATUTES SECTION 163.360 (6) (7); AND PROVIDING FOR SEVERABILITY. The City Attorney did not 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. Dr. Alperin moved for the adoption of Resolution No. 93-91, 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. FIRST READINGS -10- 11/26/91 12.B. Ordinance No. 87-91. Ordinance No. 87-91, amending the Land Development Regulation to provide parking restrictions for trucks in the R-lA (Single Family Residential) zone district, is before the Commission on First Reading. If passed, Public Hearing will be held December 10, 1991. The City Manager presented Ordinance No. 87-91: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS", ARTICLE 4.6, "SUPPLEMENTAL DISTRICT REGULATIONS", SECTION 4.6.13, "PARKING AND STORAGE OF COMMERCIAL VEHICLES, BOATS, TRUCKS, AND SIMILAR VEHICLES", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SUBSECTION 4.6.13(B), "PERMISSI- BLE PARKING" TO PROVIDE FOR THE PLACING OF RESTRIC- TIONS ON TRUCK PARKING IN R-lA ZONING DISTRICTS; TO PROVIDE FOR PARKING A MAXIMUM OF TWO ONE AND ONE-HALF TON TRUCKS ON LOTS IN R-lA ZONING DISTRICTS; PROVIDING A SAVING CLAUSE; PROVIDING A REPEALER CLAUSE; PROVID- ING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Lorraine Kasper, 3000 Spanish Trail, Debra Dowd, resident, and Joann Peart, 107 N.W. 9th Street, spoke in support of this ordinance. The public hearing was closed. Dr. Alperin moved for the adoption of Ordinance No. 87-91 on First Reading, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - No; Mayor Lynch - Yes. Said motion passed with a 4 to 1 vote. Before roll call the following discussion was had: Mr. Andrews stated the City should be ready to assist in some way in finding an off-site location for people that have small business- es. Mr. Randolph stated there are a great deal of people depending on these vehicles for their survival; these are the people that are going to be hurt. Mr. Mouw stated the issue should be legitimized or the City should provide a secure place that these trucks could be parked in the off hours. Mayor Lynch stated the areas should be screened, there should be restrictions with regard to larger trucks and possibly some zoning changes. -11- 11/26/91 Dr. Alperin stated he is worried about the person that is impacted by the abuser of his personal property rights. At this point the roll was called to the motion. 12.C. Ordinance No. 88-91. Ordinance No. 88-91, rezoning Lots 23-28, Block 5, Southridge Subdivision from R-lA (Single Family Residential) to RM (Medium Density Residential) zone district, is before the Commission for consideration on First Reading. Planning and Zoning Board recom- mends approval (3-2 vote) subject to the following condition: A. That the Plat and access easement be in place prior to the second reading. The City Manager presented Ordinance No. 88-91: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-lA (SINGLE FAMILY DWELLING) DISTRICT IN RM (MULTIPLE FAMILY RESIDENTIAL - MEDIUM DENSITY) DISTRICT; SAID LAND BEING LOTS 23 - 28, BLOCK 5 SOUTHRIDGE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 13, PAGES 38 AND 39 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; 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. Diana Hartman, President of The Woods of Southridge Homeowners Association, stated the homeowners would like to have a condition stating there be no access through S.W. 8th Avenue, Douglass Avenue or Bessie Street. Brian Haggerty, owner of the property, gave a brief overview of the property for the purposes intended. The public hearing was closed. Dr. Alperin moved for the adoption of Ordinance 88-91, with the conditions recommended by Planning and Zoning, on First Reading, second- ed by Mr. Randolph. 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. PUBLIC HEARINGS 10.A. Ordinance No. 76-91. Ordinance No. 76-91, annexing property located on the south side of Germantown Road at the intersection of Linton Boulevard with initial City zoning of Community Facilities (CF), in part, for the permanent site and Agricultural (A), in part, for the temporary site and access road, in order to facilitate the construction of proposed Fire Station No. 5, is before the Commission for -12- 11/26/91 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. 76-91: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, LAND LYING AND BEING IN SECTION 25, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF LINTON BOULEVARD AND GERMANTOWN ROAD; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO CF (COMMUNITY FACILITIES) DISTRICT, IN PART, AND A (AGRICULTURAL) DISTRICT, IN PART; PROVID- ING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 76-91 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. Gretchen Bacon, 3648 S.W. 24th Lane, stated concern regarding traffic control. George Ritchford, 2129 S.W. 35th Avenue, stated he shared the same concerns as Ms. Bacon. Ruth Hauser, 2109 S.W. 35th Avenue, stated this road crosses a canal which adds yet another hazard. The public hearing was closed. Dr. Alperin moved for the adoption of Ordinance No. 76-91 on Second and FINAL Reading, 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. 10.A.1. Temporary Use Permit. The Commission is to consider approving the temporary use of property zoned A (Agricultural) to establish a temporary Fire Station No. 5. The City Manager stated this does not require a public hearing; however, he felt it should be addressed with the previous item. -13- 11/26/91 Mr. Randolph moved approval of the temporary use of property zoned A (Agricultural) for the fire station, seconded by Dr. Alperin. 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. 73-91. Ordinance No. 73-91, rezoning property located on the southeast corner of Linton Boulevard and S.W. 4th Avenue (D.B.O. Acres Plat) from PC (Planned Commercial) zone district to GC (General Commercial), PC (Planned Commercial) and AC (Automotive Commer- cial) zone districts, in part, is before the Commission for considera- tion on Second and FINAL Reading. Planning and Zoning Board recommends denial (4 - 1 vote). Prior to consideration of passage of this ordi- nance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 73-91: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED PC (PLANNED COMMERCIAL) DISTRICT IN GC (GENERAL COMMERCIAL) DISTRICT, IN PART PC (PLANNED COMMERCIAL DISTRICT, IN PART, AND AC (AUTOMOTIVE COMMERCIAL) DISTRICT, IN PART; SAID LAND BEING LOTS 1, 2, 3 AND TRACT "B', DBO ACRES, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 63, PAGE 13 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; 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. The public hearing was closed. Kiernan Kilday, 1551 Forum Place, representing Dan Burns, stated Mr. Burns is in agreement with the recommendation for denial. Dr. Alperin moved for denial of Ordinance No. 73-91 on Second and FINAL Reading, 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. FIRST READING 12.D. Ordinance No. 89-91. Ordinance No. 89-91, rezoning property located on the southeast corner of Linton Boulevard and S.W. 4th Avenue (D.B.O> Acres Plat) from PC (Planned Commercial) zone district to GC (General Commercial) and AC -14- 11/26/91 (Automotive Commercial) zone districts, in part, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held December 10, 1991. The City Manager presented Ordinance No. 89-91: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONIN~ AND PLACING LAND PRESENTLY ZONED PC (PLANNED COMMERCIAL) DISTRICT IN GC (GENERAL COMMERCIAL) DISTRICT, IN PART, AND AC (AUTO- MOTIVE COMMERCIAL) DISTRICT, IN PART; SAID LAND KNOWN AS D.B.O. ACRES, ACCORDING TO THE PLAT THEREOF RECORD- ED IN PLAT BOOK 63, PAGE 13 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; 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. Mr. Mouw moved for the adoption of Ordinance No. 89-91 on First Reading, 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 ON NON-AGENDA ITEMS FROM THE PUBLIC ll.A.1. The City Manager stated with regard to Lillian Feldman's request for traffic signals on Military Trail, a letter has been drafted and sent to the County. Staff has been directed to follow through with this item. ll.A.2. The City Manager stated a Police Officer has been selected to police the northwest section of the City and will be starting on Monday. ll.B.1. Lillian Feldman, 2500 Juniper Drive, stated she received a letter from Carole Phillip's office stating the lights on Military Trail will be from Atlantic Avenue north to the L-30 Canal, but not south to the C-15 Canal. The consensus of the Commission is to compose a letter to County Commissioner's Carole Phillips and Mary McCarty expressing support for the whole area from the L-30 Canal south to the C-15 Canal to be considered. ll.B.2. Jay Slavin, 2601 N.W. 10th Court, quoted the new statistics from the EPA regarding the dangers of fluoride in the water supply. ll.B.3. Arthur Jackel, 784 N.W. 25th Avenue, suggested 1) the Commis- sion send a letter to Senators and Congressmen expressing concern over the Haitian emigres, and 2) making a better community and City by -15- 11/26/91 providing safe housing, which will also attract top quality businesses to Delray Beach. ll.B.4. Rosalind Murray, resident, recommended a new perception should be created in the City showing that the minority community is not a second class community and also that there should be a resolution presenting more diversity on City Boards. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS 13.A.1. Mr. Andrews requested the City Manager look at the house at 850 Bond Way for the purpose of examining each issue of what is happening around that house. 13.A.2. Mr. Andrews stated he attended the Countywide Planning Council Meeting last night at which the State rejected a lot of the compromise issues. 13.A.3. Mr. Randolph requested the City Manager look at the lights at the Pompey Park Tennis Facility; a lot of reports have been sent saying it is very poor. 13.A.4. Dr. Alperin stated the Drug Task Force will be bringing some recommendations for action within the next two weeks. 13.A.5. Dr. Alperin stated the Commission should be looking at the Land Use Plan through the eyes of the CRA, Planning and Zoning and the Chamber of Commerce. If there are some problems, they should be ad- dressed; if not it should be left alone. Mayor Lynch recommended appointing a member from each of these groups, along with the Board of Realtors, to work with the City staff, and then come back before the Commission with recommendations. It was the consensus of the Commission to have staff organize how they wish to proceed and then come back to the Commission with a proposal. 13.A.6. Dr. Alperin questioned the status of Spady and the 10th Avenue extension. The City Attorney stated he is awaiting some appraisals. 13.A.7. Dr. Alperin questioned where the County stands with regard to the improvements to the intersection at Military Trail and Atlantic Avenue. 13.A.8. Dr. Alperin expressed concern with western development, as it will affect the City. 13.A.9. Mr. Mouw stated the parking lot in the Old School Square area is not designed properly and is much too tight. He requested the Engineering Department look into this. -16- 11/26/91 13.A.10. Mr. Mouw stated Andrews Avenue north of Atlantic Avenue is very uneven and b~py and would like to have that looked at. 13.A.11. Mayor Lynch questioned if there was a consensus with regard to writing letters to Senators regarding the Haitian emigres. It was the consensus of the Co~ission to write a pro-active letter. 13.A.12. Mayor Lynch stated the signs on Dixie Highway, near the flea market area, are being taken down and don't seem to be enforced. 13.A.13. Mayor Lynch stated n~erous people have complained about Code Enforcement misinformation. He reco~ended if any of the Co~issioners have any ideas to please pass them along to the City Manager or staff so they can be looked into. 13.B.1. There were no co~ents or questions from the City Manager at this time. 13.C.1. There were not co~ents or questions from the City Attorney at this time. Mayor Lynch declared the meeting adjourned at 9:30 P.M. ~CityC~rk 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 November 26, 1991, which minutes were formal- ly approved and adopted by the City Commission on ~' Cit~-~erk - r 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. -17- 11/26/91 LAW OFFICES LISTICK & KRALL, P.A. 010 E. ATLANTIC AVENUE DELRAY BEACH, FLORIDA ;33483 I407! 276-7424 428-0343 (BROWARO) MICHAEL M. LISTICK 659-7537 (PALM BEACH) MARK L. KRALL ~ 278'6909' (TELiCOPII:~) November 26, 1991 David T. Harden City Manager City of Delray Beach 100 N.W. First Avenue Delray Beach, FL 33444 RE: Assembly of God Church -- Conditional Use Dear Sir: I reside on N.W. 24 Street. The back of my home overlooks a canal and the north boundary of the proposed Assembly of God Church. By way of explanation, I enclose a photocopy of the plat of Lake Eden No. 3. I have highlighted, in yellow, the canal located to the south behind my house. There is an approximate twelve (12) foot strip owned by the Aircraft Products Company located between the church property and the canal (highlighted in red). The twelve (12) foot strip was intentionally left as an unusable physical buffer and a visual landscape buffer to protect our privacy and to give us a view of a natural environment from our back yard. It was intended that the owner of the land purchased by the church would not utilize the twelve (12) foot strip. The trees and shrubbery appear as a fifty (50) foot high wall of greenery and represent an important feature of our house. I have no objection to the proposed church use. My concern is that, when the proposed Assembly of God Church is built, I will need the protection of the twelve (12) foot strip even more (especially since the church proposes to have parking at their northern bounday line). The church's site plan shows that cars will be parking next to the twelve (12) foot strip and their headlights will be shining directly north into the back of our home. I would appreciate it if the city would mitigate the situation so as to protect the landscape buffer on the twelve (12) foot strip and require dense shrubbery on the church's northern boundary. The church has already cleared out some shrubbery (without removing all the debris) on the twelve (12) foot strip and thereby has already partially disturbed the buffer. In addition, a great grey heron and a great blue heron live in the shrubbery and the church should not disturb them. As you consider the proposed church, I ask you to consider four (4) conditions to approval: 1) Provide that the church must not clear any land beyond their property line (on the north twelve (12) foot strip). They have contacted the owner of the twelve (12) foot strip for permission to clear it; November 26, 1991 David T. Harden, City Manager · City of Delray Beach Page 2 of 2 2) The church should not interfere with the continuation of the fifty (50) foot high wall of trees which constitutes the view from our back yard, located on the twelve (12) foot strip; 3) The church should be required to maintain a hedge as high as their building on their northern boundary so that we do not have to look at the church building; and 4) In addition, the church should maintain a thick low hedge on their property line which will block out headlights of cars parked at the northern boundary of the church property. I have no objection to the church building, and I welcome the church to the neighborhood. However, I believe it is vital to the homes in our subdivision that we be given adequate buffer protection. I am certain that we can all work together and accomplish our individual goals without interfering with or hurting anyone. Thank you for your courtesy. Very truly yours, / Michael M. Listick MML: llh Enclosures