05-30-89 MAY 30, 1989
A Special Meeting of the City Commission of the City of Delray
Beach, Florida, was called to order by Mayor Doak S. Campbell in the
Commission Chambers at City Hall at 7:05 P.M., Tuesday, May 30, 1989.
Roll call showed:
Present - Commissioner William Andrews
Commissioner Patricia Brainerd
Commissioner Mary McCarty
Commissioner Jimmy Weatherspoon
Mayor Doak S. Campbell
Absent - None
Also present were - City Manager Walter O. Barry and
City Attorney Herbert W.A. Thiele.
Mayor Campbell called the meeting to order and announced that this
meeting has been called for the purpose of considering: (1) Draft
Comprehensive Plan.
1. Mayor Campbell referenced the memo from the Department of
Planning and Zoning dated May 25, 1989, which list evolved from the
Commission's public hearing of May 23rd and which is attached hereto for
reference. They will be looking at amendments to the document which has
been preliminarily prepared (Comprehensive Plan for the City) by the
Planning Department.
1. Land Use Element, Policy A-2.4 (automobile dealerships).
Reference was made to Second Proposed Compromise Language dated May 26,
1989 from Attorney Robert Federspiel (attached).
Ms. McCarty advised that basically the item of contention was
to change the language from "north of N.E. 4th Street" to "N.E. 6th
Street" Also, one of the things she wanted to watch out for is proper-
ty that will be fronting on 8th Street; so she wished to add "excluding
properties fronting on N.E. 8th Street". Mayor Campbell clarified that
if there is some vacant land that is currently zoned and appropriate,
and it is adjacent to a dealership, they can't expand there; this is
acceptable to both parties (auto dealers and property owners). The City
Manager also clarified that dealerships may not locate or expand from
N.E. 8th Street to the north boundary of the flea market.
Ms. McCarty moved to allow the compromise language as amended,
seconded by Mr. Weatherspoon. Upon roll call the Commission voted as
follows: Mr. Andrews - Yes; Ms. Brainerd - No; Ms. McCarty - Yes; Mr.
Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4
to 1 vote.
Changes to designations on the Future Land Use Map:
2. No change.
3. Mayor Campbell stated he would rather see the property
vacant for a while than being used for a lower residential development
on that intersection.
Ms. McCarty moved to approve the change to "Transitional",
seconded by Ms. Brainerd. Upon roll call the Commission voted as
follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr.
Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5
to 0 vote.
4. No change.
5. Ms. McCarty moved for approval, seconded by Mr. Andrews.
Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms.
Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Camp-
bell - Yes. Said motion passed with a 5 to 0 vote.
6. Mr. Andrews moved for approval, seconded by Ms. Brainerd.
Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms.
Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Camp-
bell - Yes. Said motion passed with a 5 to 0 vote.
7. Mr. Andrews moved for approval, seconded by Ms. Brainerd.
Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms.
Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Camp-
bell - Yes. Said motion passed with a 5 to 0 vote.
8. Ms. McCarty moved to create a new designation of "Rural
Residential", seconded by Ms. Brainerd. Upon roll call the Commission
voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty -
Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed
with a 5 to 0 vote.
9. Ms. Brainerd moved to approve and to exclude only the
Sherwood Honda property from the redevelopment area designation, second-
ed by Ms. McCartyo Upon roll call the Commission voted as follows: Mr.
Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon -
Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote.
10. Mayor Campbell clarified that essentially what this would
do is preclude development on three parcels.
Mr. Weatherspoon moved for approval on the Low Oak Hammock
area, Parcel A, seconded by Ms. Brainerd. Upon roll call the Commission
voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty -
Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed
with a 5 to 0 vote.
Mr. Weatherspoon moved for approval on the Pine Scrub area,
seconded by Ms. Brainerd. Upon roll call the Commission voted as
follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr.
Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5
to 0 vote.
Ms. Brainerd moved for approval on portions of the 17 acre
parcel on the Intracoastal, seconded by Mr. Weatherspoon. Upon roll
call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd -
Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes.
Said motion passed with a 5 to 0 vote.
Ms. Brainerd moved for approval of the modified language
(B-i.1), seconded by Ms. McCarty. Upon roll call the Commission voted
as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes;
Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a
5 to 0 vote.
11. Ms. Brainerd moved to change the language as so noted,
seconded by Ms. McCarty. Upon roll call the Commission voted as fol-
lows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr.
Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5
to 0 vote.
Changes to the text and policies.
12. Policy C-2.4. pertaining to the Atlantic Avenue Redevelop-
ment Area:
The City Manger commented that the upshot is whether or not the
specific reference to 300 feet from Atlantic Avenue is locked in. The
consensus committee came up with language which they felt accommodated
both interests; subsequently there has been some additional discussion.
The committee recommended not writing anything into the Comprehensive
Plan document, but rather work on the specifics on a block by block
basis and come up with a redevelopment plan incorporating the best of
neighborhood input and the best of CRA input. The City Manager advised
that some of the members of the public who are here this evening are
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suggesting that the redevelopment area should be narrowed only to 300
feet; he believes the CRA would say the area should be 600 feet.
Mr. Weatherspoon stated he felt the Avenue could be developed
quite well within 300 feet; however, they also want to maintain the
neighborhood character of their community. In some cases there are some
blocks where they could go more than 300 feet, so they need to set up
some parameters and have the people work within those parameters. Mr.
Weatherspoon advised he felt there would be no crime if some of those
lots never get developed.
Ms. McCarty commented that the ground rules for the committee
were set early on to go block by block; no one is saying the 300 feet
will not be the parameters. She felt the negotiation process should be
allowed to evolve.
Following discussion on the wording, Ms. Brainerd moved (with
Mr. Weatherspoon's agreement that "generally should be" should be left
in) for adoption with that modification and the language as presented in
the modified language before them, seconded by Ms. McCarty.
Mr. Andrews recommended that the word "affordable" housing be
changed to "increasing housing opportunities" on vacant lots. Ms.
Brainerd amended her motion and Ms. McCarty her second. Upon roll call
the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes;
Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said
motion passed with a 5 to 0 vote.
Mayor Campbell declared a recess, the time being 8:30 P.M. The
meeting was reconvened at 8:38 P.M.
13. Re Schools.
Ms. McCarty moved for approval of Policy D-i.1, seconded by Ms.
Brainerd. Upon roll call the Commission voted as follows: Mr. Andrews -
Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes;
Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote.
Policy D-1.2 - No change.
Policy D-1.3 - No change.
Policy D-2.1 - No change.
Policy D-2.2 - No change.
Policy D-2.3 - No change.
Ms. McCarty moved to add "by the City" to Policy D-2.4, second-
ed by Mr. Andrews. Upon roll call the Commission voted as follows: Mr.
Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon -
Yes; Mayor Campbell - No. Said motion passed with a 4 to 1 vote.
Ms. Brainerd moved to delete the words "The City shall" from
Policy D-2.5, seconded by Ms. McCarty. Upon roll call the Commission
voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty -
Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed
with a 5 to 0 vote.
Policy D-2.6 - No Change.
Ms. Brainerd moved to adopt the modified language, excluding
"and to provide appropriate infrastructure" with regard to Objective
D-3, seconded by Ms. McCarty. Upon roll call the Commission voted as
follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr.
Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5
to 0 vote.
Ms. Brainerd moved to adopt Policy D-3.4 with the language
modification of "safety fronting" Pine Grove School, seconded by Ms.
MCCarty. Upon roll call the Commission voted as follows: Mr. Andrews -
Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes;
Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote.
Ms. Brainerd moved for approval of Policy D-3.5, seconded by
Mr. Andrews. Upon roll call the Commission voted as follows: Mr.
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Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon -
Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote.
Policy D-3.6. - No change.
Ms. McCarty moved to approve the change in Policy D-3.7 with
staff language, seconded by Mr. Weatherspoon. Upon roll call the
Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - No; Ms.
McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said
motion passed with a 4 to 1 vote.
Policy D-3.8 - No change.
Policy D-3.9 - No change.
14. Traffic Element.
Following discussion with regard to Homewood Boulevard recon-
struction and widening, it was the consensus of the Commission not to go
forward with this project (not to preclude their looking into improve-
ment in the future).
15. Ms. Brainerd moved for approval, seconded by Ms. McCarty.
Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms.
Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Camp-
bell - Yes. Said motion passed with a 5 to 0 vote.
16. Ms. McCarty moved for approval, seconded by Mr. Andrews.
Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms.
Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Camp-
bell - Yes. Said motion passed with a 5 to 0 vote.
Ms. Brainerd moved for approval of the request re Objective
B-l, seconded by Ms. McCarty. Upon roll call the Commission voted as
follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr.
Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5
to 0 vote.
17. Ms. Brainerd moved for approval of the request, seconded
by Ms. McCarty. Upon roll call the Commission voted as follows: Mr.
Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon -
Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote.
18. Ms. McCarty moved for approval of the deletion of Policy
A-1.4 Marketing Study, seconded by Mr. Weatherspoon. Upon roll call the
Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms.
McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said
motion passed with a 5 to 0 vote.
19. Land Use Element. Following discussion, Mayor Campbell
suggested deleting completely from A-5.2 the SAD and create a new A-5.7
saying that the zoning district known as SAD establishes an intensity of
use for each future land use category and compatible zoning district,
except that, in other words, incorporate the language recommended by Mr.
Saberson in defining what that might be. He suggested saying that the
SAD zoning may be applied in any of the land use categories. The uses
to be included in the SAD District shall be determined by the City
Commission at the time of rezoning to SAD and this district may include
uses from more than one land use category, period.
Ms. Brainerd moved for approval of the language as suggested by
the Mayor, seconded by Ms. McCarty. Upon roll call the Commission voted
as follows: Mr. Andrews - No; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr.
Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4
to 1 vote.
20. No change.
21. Ms. Brainerd moved for adoption of the additional language
in Policy C-1.5, and substituting "arterial roadways" for "Congress
Avenue", seconded by Mr. Weatherspoon. Upon roll call the Commission
voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty -
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Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed
with a 5 to 0 vote.
22. Ms. McCarty moved to modify the language re Policy C-3.3
(one block north and south of Swinton Avenue), seconded by Ms. Brainerd.
Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms.
Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Camp-
bell - Yes. Said motion passed with a 5 to 0 vote.
23. Ms. Brainerd moved for approval of the deletion, seconded
by Mr. Andrews. Upon roll call the Commission voted as follows: Mr.
Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon -
Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote.
24. Ms. Brainerd moved for approval of the modification,
seconded by Mr. Weatherspoon. Upon roll call the Commission voted as
follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr.
Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5
to 0 vote.
25. Ms. Brainerd moved for inclusion of addition to Policy
A-1.2, seconded by Mr. Andrews. Upon roll call the Commission voted as
follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr.
Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5
to 0 vote.
Mr. Kovacs advised that the next items (Exhibit D) are all
included in the Plan unless the Commission wants to make an amendment to
any of them; Item 1 has already been taken care of. They are P&Z Board
recommendations and are amendments to the book.
2. Swinton Avenue.
Ms. McCarty made reference to the boundaries and changing the
beautification from S.E. 2nd Street to N.E. 8th Street for monies from
the GO Bond. They would rather have money spent for curb and gutters to
the south (S.E. 10th Street.) She thought perhaps hardscape was a
different source of funding.
Mayor Campbell commented that they are talking about a scenic
street program which encompasses both beautification and general im-
provement, whatever they might be. If they want a longer Swinton Avenue
they would say from S.E. 10th Street north to the City boundary.
Ms. Brainerd moved for approval of this concept on Policy
B-3.2, seconded by Ms. McCarty. Upon roll call the Commission voted as
follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr.
Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5
to 0 vote.
With regard to the allocation for Swinton Avenue beautifica-
tion, Ms. Brainerd moved to include general street improvements and
increase it to $500,000, seconded by Ms. McCarty. Upon roll call the
Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms.
McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said
motion passed with a 5 to 0 vote.
3. Pineapple Grove - neighborhood plan.
The City Manager clarified the boundaries as the area bounded
by 4th Street on the north to 1st Street on the south and then from 4th
Avenue on the east to 2nd Avenue on the west; roughly a block off
Swinton, Atlantic and Federal Highway.
The City Manager also suggested some amended language to the
proposal adding "under the auspices of the City's Development Services
Department". Administratively, he wished to locate this in the Develop-
ment Services group instead of the Planning Department.
Ms. McCarty moved for approval of Policy C-4.8 with the amended
language, seconded by Ms. Brainerd. Upon roll call the Commission voted
as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes;
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Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a
5 to 0 vote.
4. Public Facilities Element.
Policy B-2.4 - Done
Mr. Weatherspoon moved approval of the added language in Policy
E-3.2, seconded by Ms. McCarty. Upon roll call the Commission voted as
follows: Mr. Andrews - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes;
Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. (Ms.
Brainerd was not in Chambers for the vote.)
5. Future Land Use May - Designation for Blood's Grove.
Ms. McCarty moved for approval, seconded by Mr. Weatherspoon.
Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms.
Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Camp-
bell - Yes. Said motion passed with a 5 to 0 vote.
6. Future Land Use Map - 17 acre parcel - Yake".
Ms. McCarty moved for approval, seconded by Mr. Weatherspoon.
Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms.
Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Camp-
bell - Yes. Said motion passed with a 5 to 0 vote.
7. Housing Element - Policy B-1.4.
Mayor Campbell commented that he thought it would be better to
say they would make every effort to increase this and it is priority
item, but he cannot vote for something that is going to possibly create
a millage increase. Mr. Kovacs advised they are committing to the
General Fund forecast; the documentation is there for a millage increase
of a little over 2 mils over the next five years. Discussion followed.
The City Manager advised that this policy really speaks to the
Housing Rehab and you need money to fund it.
Ms. Brainerd moved to increase this funding to $300,000 per
year, seconded by Ms. McCarty. Upon roll call the Commission voted as
follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr.
Weatherspoon - No; Mayor Campbell - No. Said motion passed with a 3 to
2 vote.
8. Text Correction - Public Facilities Element.
Mr. Weatherspoon moved for approval, seconded by Ms. Brainerd.
Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms.
Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Camp-
bell - Yes. Said motion passed with a 5 to 0 vote.
9. Text Corrections - throughout.
Ms. Brainerd moved for deletion of the word "demolition",
seconded by Ms. McCarty. Upon rall call the Commission voted as fol-
lows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr.
Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5
to 0 vote.
10. Text Correction - Traffic Element.
Ms. McCarty moved for approval, re Lake Ida Road, Seconded by
Ms. Brainerd. Upon roll call the Commission voted as follows: Mr.
Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon -
Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote.
Ms. McCarty moved for approval, re Seacrest Blvd., seconded by
Ms. Brainerd. Upon roll call the Commission voted as follows: Mr.
Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon -
Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote.
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11. Land Use Map - area of Avenue L.
Ms. Brainerd moved to change the color on the Land Use Map to
reflect Residential (Medium Density - Residential), seconded by Ms.
McCarty. Upon roll call the Commission voted as follows: Mr. Andrews -
Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes;
Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote.
12. Strip Zoning - Strip Commercial.
Mayor Campbell made reference to Policy A-1.3. A proposal was
discussed last week as to whether or not they wanted to say "on vacant
land and shall not preclude rezonings on land that at the time of
rezoning have improvements on it". Discussion followed with Mr. Kovacs.
Mr. Weatherspoon moved for approval, seconded by Ms. Brainerd.
Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms.
Brainerd - Yes; Ms. McCarty - No; Mr. Weatherspoon - Yes; Mayor Campbell
- Yes. Said motion passed with a 4 to 1 vote.
There was discussion between Mayor Campbell and Mr. Kovacs with
regard to the LC zoning. Mr. Kovacs advised that any changes can be done
by local ordinance.
Ms. McCarty moved to approve the Comprehensive Plan, as amend-
ed, and send it to Tallahassee, seconded by Mr. Andrews. Upon roll call
the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes;
Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said
motion passed with a 5 to 0 vote.
Mayor Campbell declared the meeting adjourned at 10:35 P.M.
City Clerk
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 May 30, 1989, which minutes were formally
approved and adopted by the City Commission on ~,a~i~/~J~ .
· y City 'Clerk
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.
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