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08-23-88196 AUGUST 23, 1988 A Regular 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 7:12 P.M., Tuesday, August 23, 1988. 1. Roll call showed: Present - Commissioner Patricia Brainerd Commissioner Marie Horenburger 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. 2. The opening prayer was delivered by Reverend Gregory Br°wn, First Alliance Church. 3. The Pledge of Allegiance to the flag of the United States' of America was given. 4.A. Bill Daddio, Proprietor of the Palm Beach Gym in Delray, introduced John Defendis, Program Director, who recently won the Mr. USA title in the Las Vegas Body Building contest, the largest amateur body building contest in the world. Mayor Campbell presented a proclamation recognizing John Defendis as the winner of the national title of Mr. USA. 4.B. Mayor Campbell presented a proclamation proclaiming Lance Seiler, Chris Shultz, Phil Wotton, Ken Thompson, Dick Chelekis, Eric Feld, Dean Young and Brad Whidden as outstanding citizens and represen- tatives of the City of Delray Beach, for a job well done in the 1988 National Lifeguard competition. 4.C. Mayor Campbell presented a plaque to Herb Thiele, City Attor- ney, who was awarded the title of "Municipal Attorney of the Year" for 1987, by the Florida Municipal Attorney's Association. The Commission concurred to move Item Nos. 21 and 34 to be the items for discussion at this time. 21. Ordinance No. 80-88: Ordinance No. 80-88, annexing property on Atlantic Avenue at Barwick Road with an initial zoning of ART and PRD-L (Sherwood Forest Development), is before the Commission for consider- ation on Second and FINAL Reading. The City Manager presented Ordinance No. 80-88: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LYING AND BEING IN SECTION 13, IN PART, AND SECTION 24, IN PART, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIG- UOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED ON THE SOUTH SIDE OF WEST ATLANTIC AVENUE, BETWEEN COUNTRY CLUB ACRES AND FOREST DRIVE; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVID- ING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVID- ING FOR THE ZONING THEREOF TO ART (AGRICULTURAL RESI- DENTIAL TRANSITIONAL) DISTRICT, IN PART, AND PRD-L (LOW TO MEDIUM DENSITY PLANNED RESIDENTIAL DEVELOPMENT) DISTRICT, IN PART; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. 197 (Later in the discussion it was agreed to rezone the entire parcel to PRD-L. Therefore, the caption was reread and presented on First Reading. The Public Hearing will be scheduled at a later date). 34. Site and Development Plan - Sherwood Forest Development: The Commission is to consider approval of the site and development plan for Sherwood Forest Development, located on the south side of West Atlantic Avenue between Country Club Acres and Forest Road. The City Manager referenced the recommendations of the P&Z Board meeting of August 15, 1988, subject to conditions. Michael Botos, representing the applicant, stated they are in agreement and will accept a site plan approval subject to those condi- tions. Upon question by Ms. Horenburger as to whether this also addresses the Engineering Department concerns, Mr. Botos replied they are requesting a 40 foot right-of-way or waiver of the recommendation of a 50 foot right-of-way. Mr. Weatherspoon questioned why the 50 foot right-of-way cannot be accommodated. Mr. Botos replied to further condense the curvature of the road away from the southern boundary to accommodate setbacks for the Hamlet would mean a reconfiguration and a loss of a number of .units. Upon question by Mr. Weatherspoon as to whether a variance has been granted, the City Manager advised it has not, nor has it been applied for. If the Commission is satisfied with all other aspects of the development, the roadway itself will not be narrower but only the access the City will have for sewer and other lines. Mr. Weatherspoon stated it is his understanding that if approval from the Board of Adjustment is needed, that should have been done prior to presenting this item to the Commission. Mr. Kovacs stated the item to be requested for a variance would be for the height and manner of construction of the wall, and does not have a direct bearing on the lots or layout features of the site plan. Ms. Horenburger expressed concerns with regard to parking along the pavement. Mr. Kovacs stated there are approximately 12 to 14 lots that would not accommodate the 50 foot right-of-way without reducing the rear yard relationship to the south property line. Mr. Botos advised the entire 40 foot right-of-way to the southern tier of units would be shifted ten feet to the north, making the already narrow playing area of the golf course even narrower. Ms. Horenburger also expressed concern with the type of devel- opment, as she does not feel it will encourage families with school age children. Michael Gelfand, representing the Hamlet Residents Association, stated they have no objection to the site plan as approved by the P&Z Board with the understanding the top ten acres of the project hold the same zoning as the remainder of the project. There is also no objection to the abandonment of the right-of-way along the Hamlet side of the property as long as there is no improvement of that area without the approval of the Hamlet residents. They would like the entire area to be zoned PRD-L. Mr. Botos stated if the only obstacle to the approval of the site plan is the annexation zoning of PRD-L, that would be acceptable; however, he does not agree to no improvements to the abandonment of the road. Mr. Gelfand stated the right-of-way position the Hamlet is taking is because at this time the City has a right to the use of the land and no improvements may be made. It abuts the wall of the Hamlet and their major consideration has been what occurs around the perimeter. Mayor Campbell questioned if the applicant is willing to accept a unified zoning of PRD-L, to what extent can the Commission move with regard to the bulk of the property and what direction needs to be taken with regard to the frontage. The City Attorney advised this will -2- 8/23/88 198 require site plan modification to incorporate it into PRD-L. This will effect a lower density with the site plan change. 21. Ordinance No. 80-88: AN ORDINANCE OF THE CITY COMMISSION. OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LYING AND BEING IN SECTION 13, IN PART, AND SECTION 24, IN PART, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGU- OUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED ON THE SOUTH SIDE OF WEST ATLANTIC AVENUE, BETWEEN COUNTRY CLUB ACRES AND FOREST DRIVE; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVID- ING GOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVID- ING FOR THE ZONING T~EREOF TO PRD-L (LOW TO MEDIUM DENSITY PLANNED RESIDENTIAL DEVELOPMEN?) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the revised ordinance. Ms. Horenburger moved to approve Ordinance No. 80-88 on First Reading, with the modification that the zoning that is to be attached to the properties listed in Section 1 be PRD-L in its entirety, the condi- tions being they would then subsequently return for modification, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 34. Site and Development Plan - Sherwood Forest Development: Ms. McCarty moved for approval of the site plan approving the waiver of the road right-of-way, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - No; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. Before roll call the following discussion was had: Ms. Horenburger stated she is voting no as she feels it is a violation of City policy to allow this type of development. Mr. Weatherspoon stated, to his knowledge, he feels the Citv does not currently have a formal policy to address this item. The City Manager stated it was proposed to construct 131 .single family units and the plan was modified to 125. Mayor Campbell stated he is pleased the site plan was made to include a recreational amenity package and since the project will be completed in phases, the applicant will probably return to the Commis- sion at some later date. He indicated to the developer that the City will be looking carefully at Phase 1, to ensure that the family play- ground will indeed materialize in order to encourage family develop- ments. At this point the roll was called to the motion. '31. Site and Development Plan - Delray Town Center: The Commission is to consider a request for modification of a site and development plan to allow Albertson's at Delray Town Center, located at the corner of Linton Boulevard and Military Trail. The City Attorney advised this is a site plan review, but it is before the Commission as a settlement offer of litigation involving the City and the developer. By approving a settlement offer, the Commission will be approving a site plan. The City Manager stated the owner, Anthony Pugliese, is re- questing a major modification to a previously approved site and develop- ment plan. He gave the five standards required by the P&Z Board that must be met prior to granting approval. -3- 8/23/88 199 Upon request, Mr. Kovacs stated this is a technical modifica- tion to a previously approved site plan. A year ago there was a propos- al before the P&Z Board that contained two technical code violations and that site plan was denied. Since the item went into litigation, the previously approved site plan of 1986 continues. He then presented a summary of the staff report and the five standards to be met prior to approval of the site plan. Doug Feurrin~, from the firm of Schmeir & Feurring Properties, representing the owner, stated they became involved with the owner as a neighborhood shopping center developer. The building design has been approved by the Community Appearance Board. After presenting a detailed summary of the project, he stated he feels they have been extremely sensitive to the surrounding area. He stated Albertson's is prepared to make certain concessions as follows: 1) Limited hours of operation from 6:00 A.M. to 12:00 P.M. for a 6 month minimum period. If at that time, they determine they would like to try a 24 hour operation, they would notify the City and request a trial period of~90 days. It would then be the discretion of the City Commission whether it should continue. 2) No Package Liquor Sales. There will be no liquor sales in this store until such time as a demand warrants a request for them to appear before the Commission to request a variance. 3) No truck deliveries between 10:00 P.M. and 6:00 A.M. 4) Wall washers will be used for lighting in place of standard lights and very low lighting in the rear to eliminate light leakage to the Duncan Center. 5) The HVAC equipment will be moved forward to mitigate any possible sound penetration. He concluded by stating he feels it to be a project the Delray community will be proud of. The following persons spoke in opposition of the Albertson project: Hugh Clinton, George Anderson, Norman Anderson, Bob Fine, Irving Brand, Helen Coopersmith, Norman Ross and Jeanette Slavin. Mayor campbell stated he feels it is unfortunate this is not a zoning issue. If this plan had been zoned SAD instead of Commercial when the original site plan was submitted, all the arguments mentioned tonight would have been permissible because the City has more arbitrary power to deny in a zoning matter. He hopes a lesson has been learned tonight that, in the future, when a request is made for SAD zoning of vacant property, it is specifically to protect the interests of the community. Once a zoning designation is given to a parcel, the two criteria are that the development is reasonable within legal standards and the uses are permitted under the zoning code. The zoning of a piece of property is the single, most important element in the use of that property and once that zoning designation is attached, it is difficult to stop something that is not wanted if the property is zoned to permit it. He expressed a desire to respond .to the public, but he feels this is illegal and untenable. He is not in favor of a 24 hour store. He also wants to ensure that a buffer consisting of the wall, a hedge and an impervious tree line be incorporated in. order that none of the commercial development can be viewed from the Duncan Center. Ms. Brainerd questioned if the proposed modification of the site plan is reasonable within legal standards. The City Attorney advised if the case goes to Court, the Court will find, as a matter of law, they are a commercially zoned property in the LC District and that a food store is a permitted use. There is no regulation in the current ordinance designating hours of operation except for establishments that serve alcohol. By law, the site plan before the Commission does not allow public surveys to be taken into consideration as to whether or not it is appropriate; nor can a head count be taken at the Commission meeting or any other time. There are ten criteria, and no others, that are required to weigh a site plan by in the code. When the time comes to prove the case in support of a denial of a site plan, people to place on the stand are those who have analyzed the site plan from an expert witness standpoint; those people would be the City's Planning Director and professional staff. Those persons have written a lengthy memorandum indicating that technical criteria has been met as set forth in the zoning code. There are considerations in the intensity and buffering issues that should be addressed because this is not purely a site and development plan approval, but a settlement of a lawsuit. What the Commission needs to do is determine in their own mind whether or not -4- 8/23/88 ! 2OO there is sufficient basis to say the professional experts on staff are incorrect in their analysis and the information before you is also incorrect. In conclusion, he stated this will be a difficult case before a Circuit Judge in this circuit when that information is avail- able, including the staff recommendation that this meets all of the objective criteria. Ms. McCarty stated she feels a limitation should be established on the hours of operation and she would like the developer to use compacters in place of dumpsters in the rear of the shopping center. Ms. Horenburger stated she feels, initially, the property was more appropriately zoned residential; however, the current zoning exists. She has a concern with the hours of operation and reiterated the need for an impervious tree buffer between the store and the Duncan Center. Discussion followed with regard to signalization without impacting the Las Verdes entrance. Upon question, Gerald Church, City Engineer, stated at the north entrance there is a turn out and a cross- over to turn left but there is no signal proposed at this time. Upon question, the City Attorney advised if there is concern as to responsi- bility of the cost of the signalization at such time as it is required, the Commission could impose that as a condition of the settlement. The City Manager stated it could be stipulated that the portion of those warrants generated by the improvements of the developer would be their percentage of the total cost of the signal. Ms. Horenburger stated even though she voted against the rezoning of LC, legally and in good conscience, she feels she must vote yes. Mr. Weatherspoon stated he feels the developer should be required to assume the cost of the signalization at the intersection of the Las Verdes entrance. Mr. Feurring objected to the total cost, but was agreeable to paying the percentage that will be generated by the shopping center. Mr. Weatherspoon moved to approve a settlement of the pending litigation involving the Delray Town Center that is now pending against the City by having the following set forth in a settlement agreement executed by both parties, i.e., approving the site and development plan subject to the following four items: 1) The Planning Director's memorandum which lists the Conditions Nos. 1 through 6, be part of the site plan approval; it will incorporate the representations by the developer's representative, such as the cutoff dates and times for delivery trucks in the evenings; it will incorporate the Mayor's request that there be an impervious tree line on the north side of the property, along with a wall and a hedge on the north side of the wall, assuming that it is not otherwise required by the current site plan; the develop- er be required to pay, in its entirety, for the signalization to be located at the Las Verdes entrance. 2) The hours of operation of all the stores or businesses located on the site be limited to a specific hour no ~arlier opening than 6:00 A.M. and no later closed than 10:00 P.M., seven days a week. 3) This site plan be incorporated into, specifically, the settlement agreement. 4) The settlement agreement be approved and adopted by the Court in the lawsuit so that no further modifications to the site plan would be permitted without petitioning the Court and having the Court approve such a modification, seconded by Ms. Brainerd. Upon question, the City Attorney confirmed that after the Commission votes, the agreement must be put into written form and submitted to the applicant for ratification. Otherwise, the settlement offer as proposed in the written correspondence, is rejected, and this is a counter offer of settlement. The City will accept a settlement of the litigation over the property site/development plan issue on these terms and conditions only. Mr. Feurring stated they cannot accept this settlement as proposed based on two points. Those two points are: 1) they will agree only to an 11:00 P.M. 'closing, and they have agreed to waive the offer -5- 8/23/88 201 of a request to return later on a trial basis for 24 hours; 2) they do not feel it agreeable, fair or equitable to be responsible for the entire cost of the signalization when warranted, but will agree to pay an equitable pro rata share. Mayor Campbell suggested, if the Commission concurs, allowing an 11:00 P.M. closing with the option of adjusting that, if it becomes a problem in the future. It was agreed that Albertson's would be granted an opportunity to correct those problems prior to a change. Mr. Feurring stated in the past, Palm Beach County has credited the monies contributed toward extraordinary impact fees and traffic signalization against impact fees where the signal has been on the owner's property. The City Attorney stated that is not the City's ordinance to waive. Mr. Weatherspoon amended his motion to approve the following two modifications: 1) The hours of operation of uses on the site will be 6:00 A.M. until 11:00 P.M., seven days a week, with a caveat that the City will have the right to reduce the hours of operation any time in the future upon the City's sole determination of conditions that warrant the earlier closing time, subject to the right of Albertson's to endeav- or to address those concerns before final action is taken. 2) The signalization will be paid for in its entirety when warranted by the developer; however, without the restriction on their ability to petition Palm Beach County for credit towards the Palm Beach County Fair Share Road Impact Fee, that they may otherwise be required to pay by the County's ordinance, Ms. Brainerd amended her second. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - 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 9:50 P.M. The meeting reconvened at 9:55 P.M. PUBLIC HEARING 5. Amendment to the Land Use Map for City owned Property at Miramar and Venetian. The Commission is to consider the initiation of an amendment to the City Land Use Map changing the designation of City owned property located at the southeast corner of Miramar and Venetian from P to MF-15. Prior to consideration of passage of this amendment, a public hearing has been scheduled to be held at this time. 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. Ms. Horenburger moved for approval of the amendment, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. PUBLIC HEARINGS - SECOND READING - ENCLAVE ORDINANCES 6. Ordinance No. 92-88: Ordinance No. 92-88, annexing Enclave 49, the Cote d'Azure, located at 2325 South Ocean Boulevard 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. Mayor Campbell left the Commission Chambers at this time and Vice-Mayor Weatherspoon took the Chair. The City Manager presented Ordinance No. 92-88: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LYING AND BEING IN SECTION 28, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID -6- 8/23/88 202 CITY; SAID LAND IS LOCATED BETWEEN THE INTRACOASTAL WATERWAY AND THE ATLANTIC OCEAN, AT THE SOUTH BOUNDARY OF THE CITY, ADJACENT TO HIGHLAND BEACH; 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 RM-15 (MULTIPLE FAMILY DWELL- ING) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 92-88 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. Ms. Horenburger moved for the adoption of Ordinance No. 92-88 on Second and FINAL Reading, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Vice-Mayor Weatherspoon - Yes. Said motion passed with a 4 to 0 vote. 7. Ordinance No. 93-88: Ordinance No. 93-88, annexing Enclave 51, located east of Florida Boulevard and bordered on three sides by Tropic Bay Condominiums, 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. The City Manager presented Ordinance No. 93-88: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOT 4, BLOCK 2, FIRST ADDITION TO DEL-RATON PARK, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 24 AT PAGE 46 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED ON THE EAST SIDE OF FLORIDA BOULEVARD, APPROXIMATELY 500 FEET SOUTH OF DOGWOOD DRIVE; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGA- TIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO RM-15 (MULTIPLE FAMILY DWELLING) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING .CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 93-88 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. Ms. Horenburger moved for the adoption of Ordinance No. 93-88 on Second and FINAL Reading, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Vice-Mayor Weatherspoon - Yes. Said motion passed with a 4 to 0 vote. 8. Ordinance No. 94-88: Ordinance No. 94-88, annexing Enclave 52, located west of Federal Highway and north of Lindell Boulevard, is before the Commission for consideration on Second and FINAL Reading. The City Attorney stated due to additional review that needs to be done on the legal description, staff has requested that the Commis- sion adopt a motion to postpone the Second Reading and Public Hearing on this item until the Regular Commission Meeting of September 13th. Ms. Horenburger moved to postpone this item as requested by the City Attorney, seconded by Ms. Brainerd. Upon roll call the Commission -7- 8/23/88 2O3 voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Vice-Mayor Weatherspoon - Yes. Said motion passed with a 4 to 0 vote. Mayor Campbell returned to the Commission Chambers at this time and took the Chair. 9. Ordinance No. 95-88: Ordinance No. 95-88, annexing Enclave 54, located south of the South Delray Shopping Center and Avenue L 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. The City Manager presented Ordinance No. 95-88: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOTS 55 THROUGH 68, INCLUSIVE, BLOCK 32, DEL-RATON PARK, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 14 AT PAGE 10 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED AT THE SOUTH- WEST CORNER OF THE INTERSECTION OF AVENUE "L" AND FREDER- ICK BOULEVARD; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGA- TIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO RM-10 (MULTIPLE FAMILY DWELLING) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 95-88 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. Ms. Horenburger moved for the adoption of Ordinance No. 95-88 on Second and FINAL Reading, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 10. Ordinance No. 96-88: Ordinance No. 96-88, annexing Enclave 56, located on the L-31 Canal off Barwick Road, 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. The City Manager presented Ordinance No. 96-88: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LYING AND BEING IN SECTION 12, 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 ON THE NORTH SIDE OF THE L-31 CANAL, APPROXIMATELY 300 FEET EAST OF BARWICK 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 ART (AGRICUL- TURAL RESIDENTIAL TRANSITIONAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 96-88 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 -8- 8/23/88 204 laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Ms. Brainerd moved for the adoption of Ordinance No. 96-88 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 11. Ordinance No. 97-88: Ordinance No. 97-88, annexing Enclave 57, located in the Windward Palms Subdivision, 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. The City Manager presented Ordinance No. 97-88: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH ALL OF THE PLAT OF WINDWARD PALMS AS RECORDED IN PLAT BOOK 24 AT PAGE 239 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA (LESS LOT 1, BLOCK 1 OF SAID PLAT OF WINDWARD PALMS), WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED AT THE NORTH- EAST CORNER OF THE INTERSECTION OF BARWICK ROAD AND THE L-32 CANAL; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGA- TIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO R-1A-B (SINGLE FAMILY DWELLING) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 97-88 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Laurie Hall, 4070 Brandon Drive, questioned the purpose of the annexation when the City is unable to supply the current customers with water. Mr. Weatherspoon replied the purpose is to have a contiguous City Limit boundary from east to west. The City has been mandated to provide services in the annexed areas. Upon objection to the water and sewer connection fees, Mr. Weatherspoon suggested she contact the City, who will connect her to the appropriate department. The public hearing was closed. Ms. McCarty moved for the adoption of Ordinance No. 97-88 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 12. Ordinance No. 98-88: Ordinance No. 98-88, annexing Enclave 60, located south of Lake Ida Road between 1-95 and the Seaboard RR tracks, 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. The City Manager presented Ordinance No. 98-88: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LYING AND BEING IN SECTION 7, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED IMMEDIATELY EAST OF THE INTERSECTION OF THE L-32 CANAL AND THE SEABOARD AIR LINE RAILROAD, AND EXTENDING NORTHEAST FOR APPROXIMATELY 600 -9- 8/23/88 205 FEET; 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 LI (LIGHT INDUSTRIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 98-88 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. A representative for the property owner in question, stated the reason the owner is opposing the annexation is that according to the staff report, the billboard presently located on the property will be subject to removal. The only feasible commercial use for this property, because of its limited access, is the use of billboards due to its proximity to 1-95. He feels forcing the removal of the billboard will render the property useless. Upon question, the City Attorney stated billboards are a regulatory matter, not a matter of zoning. As the policy stands now, the billboard must be removed by July of 1991. Mr. Weatherspoon ques- tioned, for example, if the present use of an existing business on that property could be continued. The City Attorney replied this would be deemed to be a nonconforming use, which could continue forever. It could not be expanded, or rebuilt in case of fire or if the use is discontinued for an excess of 180 calendar days, it would be lost. Billboard location is not considered a use. The public hearing was closed. Ms. Horenburger moved for the approval of Ordinance No. 98-88 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horen- burger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 13. Ordinance No. 99-88: Ordinance No. 99-88, annexing Enclave 64, located immediately west of the Seaboard RR and approximately 800 feet South of the L-32 Canal, 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 sched- uled to be held at this time. The City Manager presented Ordinance No. 99-88: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LYING AND BEING IN SECTION 18, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED IMMEDIATELY WEST OF THE SEABOARD AIR LINE RAILROAD AND APPROXIMATELY 800 FEET SOUTH OF THE L-32 CANAL; 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 MI (MEDIUM INDUSTRIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 99-88 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. -10- 8/23/88 206 Mr. Weatherspoon moved for the adoption of Ordinance No. 99-88 on Second and FINAL Reading, seconded by Ms. Horenburger. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 14. Ordinance No. 100-88: Ordinance No. 100-88, annexing Enclave 67, consisting of a mile long canal which lies east of Dover Road, 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. The City Manager presented Ordinance No. 100-88: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF. DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LYING AND BEING IN SECTION 19, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED AT THE 100 FT. RIGHT-OF-WAY OF THE LAKE WORTH DRAINAGE CANAL LYING WEST OF DOVER ROAD, BETWEEN LINTON BOULEVARD ON THE SOUTH AND GLENWOOD DRIVE ON THE NORTH; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGA- TIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO RM-6 (MULTIPLE FAMILY DWELLING) DISTRICT, IN PART, AND RM-10 (MULTIPLE FAMILY DWELLING) DISTRICT, IN PART; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 100-88 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Ms. Horenburger moved for the adoption of Ordinance No. 100-88 on Second and FINAL Reading, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 15. Ordinance No. 101-88: Ordinance No. 101-88, annexing Enclave 70, consisting of a vacant parcel of property and adjacent canals east of 1-95, west of the Tropic Palms Subdivision, 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. The City Manager presented Ordinance No. 101-88: SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED IMMEDIATELY WEST OF THE SEABOARD AIR LINE RAILROAD AND APPROXIMATELY 800 FEET SOUTH OF THE L-32 CANAL; 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 MI (MEDIUM INDUSTRIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 101-88 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. -11- 8/23/88 207 Ms. Horenburger moved for the adoption of Ordinance No. 101-88 on Second and FINAL Reading, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. PROCEDURAL ITEMS' 16.A.1. William Andrews, Planning and Zoning Board, stated he would like the Commission to be aware of the discussion at the last Board meeting relative to the vacant Winn Dixie store as a potential location for the development of a parking garage. They feel it could help to support the upgrading of the area stores, help Old School Square parking and restaurant parking. They also feel the property is valued as low as it ever will be. 16.B.1. Mr. Weatherspoon stated with regard to the letter received from' Mr. Miller concerning the Golf Course, he would like some sort of recommendation for the Commission so it can be discussed. 16.B.2. Ms. Horenburger stated today at the meeting with Old School Square, the School Board Representative informed them, as per the agreement for acquiring the old school, that when they determine they no longer need the old school they would have ninety days to turn the school over to the City. A meeting will be held September 12th to decide if a portion of the larger building is still needed for a pro- gram. It was suggested changing the language of the agreement to eliminate the portion designating the number of days of waiting along with the closing of the lease agreement. If a portion of the school is needed, they will have the option to continue for one year. If the entire site is acquired soon, some determination needs to be made relative to funds for maintenance. There is a meeting scheduled for September 7th with the School Board and the City Attorney needs to work with the School Board Attorney to resolve these questions. The City Attorney suggested it be presented to the School Board on September 7th and, if approved, can be placed on the Regular Agenda for September 13th. 16.B.3. Ms. McCarty stated the Old School Square also requested that the City waive the time period for their Certificate of Appropriateness and' would like this to be available at the Historic Preservation Board meeting on September 1st. The City Attorney advised the Commission may direct staff to waive the time period. 16.B.4. Ms. McCarty questioned the status of the Landlord/Tenant Ordinance. The City Attorney advised it is completed and was inadver- tently deleted from the agenda, but will be on the agenda for the Regular Meeting of September 13th. 16.B.5. Ms. McCarty questioned if there are any thoughts relative to the sign code ordinance and a suggestion that the Public Information Officer and the Chamber of Commerce might help explain the changes and encourage the downtown areas in upgrading some of the signs. 16.B.6. Ms. McCarty asked if the request from the Beautification Trust for Commission recommendation on their plan for an entrance sign with regard to design and price could be placed on an upcoming workshop. The City Manager stated it will be on the September 13th Regular Agenda. 16.B.7. Ms. McCarty questioned if there will be any further workshops 'on the budget. Mayor Campbell stated there will be none. 16.B.8. Ms. McCarty stated by the end of August the City Manager's contract requires that his performance be evaluated, along with his salary and that of the City Attorney. Mayor Campbell stated Mercer/- Slavin will probably contact her next Monday. Upon question as to whether there is a monetary fee involved, the City Manager stated the process is estimated to cost between $4,000 and $5,000. The proposal is to use an additional consultant, called a Process Consultant, who comes to organizations and negotiates conflict situations, involving inter- views with members of the Commission, the City Manager, the City Attor- ney and Staff to make findings wherein improvements might be made. -12- 8/23/88 208 16.B.9. Ms. McCarty requested that two policy issues be discussed on an upcoming workshop. One is the handling of emergencies by the City Manager and the other is how to handle individual Commissioner's re- quests for staff work to be done. 16.B.10. Ms. Brainerd stated she feels th~ recommendation from Frank Spence, relative to an orientation program for Board members, is an excellent idea and would like to suggest it be made a requirement of service that those Board members go through an orientation program before they are authorized to serve. She would like the first attempt at such orientation to be available for the new members on the P&Z Board in September. The City Attorney recommended the first orientation include everyone, including the current members. Ms. Horenburger also requested consensus of the Commission for an orientation program for newly elected officials regarding the Charter, Policies and how the Boards function. 16.B.11. Ms. Brainerd stated she would like a workshop, if the Commis- sion concurs, regarding the large sum the City pays for liability to be self-insured. She would like to see direction from Risk Management Personnel regarding the liability in participation of events the City undertakes. She would also like the Commission to be aware of the recommendation of our Risk Management staff, the City Manager and City Attorney before a policy decision is made on the limit of liability the City is willing to take for events, which events to sponsor and make donations to. 16.B.12. Mayor Campbell stated he is concerned about Marina Delray and the report that permits have been issued. Assistant City Attorney Kurtz stated it is his understanding the only permit that has been issued is for the removal of a canopy. 16.B.13. Mayor Campbell questioned the status of the proposals made for a policy consideration with regard to tapes in the City Clerk's Office. The City Manager stated the legality will be reviewed and it should be easy to implement. 16.B.14. Mayor Campbell stated on September 14th, the Municipal League will be considering a vote on the 'Charter Amendments that will be put to the voters in November. If the Commission would like to go on record one way or the other, it will be placed on the agenda next Tuesday. The Commission concurred. 16.C.1. The City Attorney stated he is aware of the issue concerning certain dwelling units in a section located in the City that are showing signs of cracked walls, being off-center or sinking. The question is whether or not the City is obligated, legally, to be responsible for the financial consequences of correcting those construction problems. The state of the law, at the present time, is that there is no liability for financial responsibility for actions by Building Department Officials and Inspectors where it is solely negligence. Anthony Williams, stated he is representing his relative who lives in the Carver Square subdivision. They have a catastrophic problem that has been ignored by the City. It is his understanding the location was formerly a dump area. He does not understand how the Commission, in good conscience, can refuse to assist these residents who are financially unable to help themselves. Henry Davis, stated he is a resident of Carver Square, and 'cannot understand why the City allowed construction on unstabilized soil. Mayor Campbell reiterated the statement of the City Attorney that there is no legal liability. This does not necessarily indicate the City does not want to help alleviate the problem. Mr. Weatherspoon stated he contacted the City Manager two weeks ago and an investigation was immediately initiated. Upon speaking with Ms. Butler, Director of Community Improvement, in regard to the soil testing, she advised there were soil tests made in the area. However, -13- 8/23/88 209 she confirmed the fact that the City does not have a policy that re- quires a soil test always be made. Mayor Campbell stated if the Commission feels further informa- tion is needed and would like. to examine the possibility of being involved in the problem, it can be placed on an upcoming workshop. The City Manager stated it has not been determined wha~ the subsurface soil conditions are, the extent or the nature of the problem. If the City Attorney and the Commission concurs there is sufficient purpose, the City could expend $2,000 or $2,500 for consulting fees for soil tests in order to learn what exists below the ground. The City Attorney advised, on the issue of the public expenditure, this is deemed to be similar to the drainage and traffic studies that have been done in the past where it is determined that the City is not responsible. Upon question, the Chief Building Official stated the results of the soil tests will take approximately seven to ten days and he will have a report available by September 9th. 16.C.2. The City Attorney advised no approval has been received from the Ft. Lauderdale office of DOT relative to the Atlantic Avenue Beauti- fication Project. 16.D. There were no Non-Agenda Items from the City Manager. 17. Mayor Campbell requested that Item Nos. 37 and 39 be postponed until next Tuesday, Item Nos. 40, 41 and 42 be moved from the Regular Agenda to the Consent Agenda and Item Nos. 38 and 44 be deleted. Item Nos. 21, 31 and 34 have been discussed and voted on. The City Manager requested that Item No. 30 be withdrawn. Ms. Horenburger moved to approve the Agenda, as modified, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 18. Ms. Horenburger moved for approval of the Minutes of the Regular Meetings of July 26, 1988 and August 9, 1988 and the Special Meeting of August 2, 1988, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. SECOND READINGS (NO PUBLIC HEARINGS) 19. Ordinance No. 60-88: Ordinance No. 60-88 amending the Zoning Code to provide for a time period for validity of site plan and condi- tional use approvals, is before the Commission for consideration on Second and FINAL Reading. The City Manager presented Ordinance No. 60-88: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 30, "ZONING", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 30-21, "CONDITIONAL USES", SUBSECTION (E), "CONDITIONAL USE APPROVAL - TIME LIMITATION", BY REPEALING SUBPARAGRAPH (1) IN ITS ENTIRETY AND ENACTING A NEW SUBPARAGRAPH (1) RELATIVE TO THE ESTABLISHMENT OF AN AUTOMATIC TIME LIMITATION ON THE APPROVAL OF A CON- DITIONAL USE, AND PROVIDING FOR THE CRITERIA UNDER WHICH A CONDITIONAL USE SHALL BE DEEMED ESTABLISHED; BY FURTHER AMENDING SUBSECTION (E), "CONDITIONAL USE APPROVAL - TIME LIMITATION", BY AMENDING SUBPARAGRAPH (2) (c) (2) BY ADDING A PROVISION THAT AS A PART OF THE REVIEW AND APPROVAL PROCESS, A CONDITIONAL USE REQUEST SHALL BE ASSESSED WITH REGARD TO THE THEN CURRENT DEVELOPMENT REGULATIONS OF THE CITY AND SHALL COMPLY WITH SUCH CURRENT REQUIREMENTS; BY FURTHER AMENDING SUBSECTION (E), "CONDITIONAL USE APPROV- AL - TIME LIMITATION", BY ENACTING A NEW SUBPARAGRAPH (3) TO PROVIDE FOR AN EXPIRATION DATE ON CONDITIONAL USES -14- 8/23/88 210 HAVING BEEN APPROVED WITHOUT A TIME LIMITATION, UNLESS A REQUEST FOR EXTENSION IS 'PROPERLY SUBMITTED TO THE PLANNING DIRECTOR; BY AMENDING SECTION 30-22, "SITE AND DEVELOPMENT PLAN APPROVAL", SUBSECTION (E), "SITE AND DEVELOPMENT PLAN APPROVAL - TIME LIMITATION", BY REPEAL- ING SUBPARAGRAPH (1) IN ITS ENTIRETY AND ENACTING A NEW SUBPARAGRAPH (1) RELATIVE TO THE ESTABLISHMENT OF AN AUTOMATIC TIME LIMITATION ON THE APPROVAL OF A SITE AND DEVELOPMENT PLAN, AND PROVIDING FOR THE CRITERIA UNDER WHICH A SITE AND DEVELOPMENT PLAN SHALL BE DEEMED ESTAB- LISHED; BY FURTHER AMENDING SUBSECTION (E), "SITE AND DEVELOPMENT PLAN APPROVAL - TIME LIMITATION", BY AMENDING SUBPARAGRAPH (2) (C) (2) BY ADDING A PROVISION THAT AS A PART OF THE REVIEW AND APPROVAL PROCESS, A SITE AND DEVELOPMENT PLAN REQUEST SHALL BE ASSESSED WITH REGARD TO THE THEN CURRENT DEVELOPMENT REGULATIONS OF THE CITY AND SHALL COMPLY WITH SUCH CURRENT REQUIREMENTS; BY FURTHER AMENDING SUBSECTION (E), "SITE AND DEVELOPMENT PLAN APPROVAL - TIME LIMITATION", BY ENACTING A NEW SUB- PARAGRAPH (3) TO PROVIDE FOR AN EXPIRATION DATE ON SITE AND DEVELOPMENT PLANS HAVING BEEN APPROVED WITHOUT A TIME LIMITATION, UNLESS A REQUEST FOR EXTENSION IS PROPERLY SUBMITTED TO THE PLANNING DIRECTOR; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 60-88 is on file in the official Ordi- nance Book) The City Attorney read the caption of the ordinance. Roger Saberson, stated the code provides different vesting requirements; one would be certain, one would be discretionary and the other would be where there were no substantial physical improvements on the land. His comments are directed solely to the part that is the certain vesting provision that is being changed from the old rule of 25% of the total project improvements to requiring a certificate of occupan- cy. I.f the City adopts that rule, he feels it discriminates against projects that are a single building, or two to three building projects, where substantial investments are affected, versus projects with a large number of residential units. This allows a builder to build one unit, obtain one certificate of occupancy, with an outlay of 1/100th of their project cost and are automatically vested. He is requesting the 25% rule be allowed to remain. The City Attorney suggested the Commission consider the concept of what to do with site plans that have no limitation but may have been previously approved by a prior City Council. That issue is separate from the manner by which the Commission should vest and that is what Mr. Saberson is addressing. His recommendation is that the Planning Depart- ment should supply an ordinance strictly for that subject. Mr. Kovacs recommends that Ordinance No. 60-88 be adopted, with the exception that Section 1 be modified to be the current language set forth in the code. That would be a recommended action that Section 1, Paragraph 2 of Section t and Subsection 4, Paragraph 2 of Section 4 of the ordinance be changed to delete what is there and insert the current language. Mr. Weatherspoon moved to adopt Ordinance No. 60-88 on Second and FINAL Reading, with the following exceptions: Subsection 1, Para- graph 2 of Section 1 of the ordinance and Subsection 4, Paragraph 2 of Section 4 of the ordinance would be deleted the way it is written and language inserted that says the following: In the event that the conditional use or site development plan is not developed within the said time limitation, it shall expire unless improvements representing 25% of the total cost of all improvements to be used in developing a conditional use or site plan have been constructed on the property, seconded by Ms. Horenburger. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. -15- 8/23/88 217 20. Ordinance No. 72-88: Ordinance No. 72-88, annexing Enclave 45, located on the east side of South Federal Highway and presently the site of a portion of the Delray Beach Toyota Automobile Dealership, is before the Commission for consideration on Second and FINAL Reading. The City Manager presented Ordinance No. 72-88: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOTS 1 THROUGH 6, INCLUSIVE (LESS ROAD RIGHT-OF-WAY), LOTS 7 THROUGH 13, INCLUSIVE, AND ABANDONED AVENUE "A" LYING SOUTH OF AND ADJACENT TO LOTS 6 THROUGH 12, INCLUSIVE, BLOCK 38, DEL-RATON PARK, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 14, PAGE 9, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED AT THE NORTHEAST CORNER OF U.S. HIGHWAY NO. 1 AND AVENUE "A"; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING F~R THE RIGHTS AND OBLIGA- TIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO GC (GENERAL COMMERCIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. The City Manager reported that the zoning was initially pro- posed to be GC but this was opposed by the property owner. The Planning and Zoning Board was asked to revisit this item and at it's August 15th meeting, recommended application of SC zoning based upon the owner's agreement to combine the two parcels through a "Unity of Title" trans- action. This transaction, combining the two lots, will improve the quality of future development at this site. SC zoning will allow automotive usage on this east of Federal tract. The City Attorney advised Item No. 29 (Ordinance No. 109-88) was prepared to take care of this change to SC. Ordinance No. 72-88 can be amended to read "SC" and considered as First Reading. AN ORDINANCE~OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOTS 1 THROUGH 6, INCLUSIVE (LESS ROAD RIGHT-OF-WAY), LOTS 7 THROUGH 13, INCLUSIVE, AND ABANDONED AVENUE "A" LYING SOUTH OF AND ADJACENT TO LOTS 6 THROUGH 12, INCLUSIVE, BLOCK 38, DEL-RATON PARK, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 14, PAGE 9, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED AT THE NORTHEAST CORNER OF U.S. HIGHWAY NO. 1 AND AVENUE "A"; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGA- TIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO SC (SPECIALIZED COMMERCIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the revised ordinance. Mr. Weatherspoon moved for the adoption of Ordinance No. 72-88 on First Reading, seconded by Ms. McCarty. Upon roll call the Commis- sion voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 22. Ordinance No. 102-88: Ordinance No. 102-88, designating the Sunday Feed Store building as a Historic Building and authorizing the relocation to Morikami Park, is before the Commission for consideration on Second and FINAL Reading. The City Manager presented Ordinance No. 102-88: -16- 8/23/88 Z18 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING THE SUNDY FEED STORE BUILDING LOCATED ON THE SOUTH 85 FEET OF THE NORTH 153 FEET OF LOT 1, BLOCK 84, DELRAY BEACH, AS RECORDED IN PLAT BOOK 1, PAGE 3, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS A HISTORIC BUILDING AND AUTHORIZING THE RELOCATION TO MORIKAMI PARK; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 102-88 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. Ms. Horenburger moved for the adoption of Ordinance No. 102-88 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 23. Ordinance No. 103-88: Ordinance No. 103-88, rezoning land presently zoned RM-10 to PRD-7 for Hidden Lake Subdivision, off Homewood Boulevard, is before the Commission for consideration on Second and FINAL Reading. The City Manager presented Ordinance No. 103-88: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM-10 (MULTIPLE FAMILY DWELLING) DISTRICT IN PRD-7 (PLANNED RESIDENTIAL) DISTRICT FOR A PARCEL OF LAND LYING AND BEING IN SECTION 19, TOWNSHIP 46 SOUTH, RANGE 43 EAST, DELRAY BEACH, PALM BEACH COUNTY, FLORIDA; SAID LAND IS LOCATED ON THE WEST SIDE OF HOMEWOOD BOULEVARD, BETWEEN HOMEWOOD LAKES SUBDIVISION AND LAGO DEL RAY, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 103-88 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. Ms. Horenburger moved for the adoption of Ordinance No. 103-88 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 t° 0 vote. Before roll call the following discussion was had: Upon question by the applicant if Item No. 32, which is the Site Plan approval for this project, should also be considered at this time, the City Attorney suggested the Commission can adopt the rezoning ordinance and if the site plan approval is unacceptable, a motion can be adopted to reconsider Ordinance No. 103-88. The Commission concurred. At this time the roll was called to the motion. Ms. McCarty left the Commission Chambers at this time. 24. Ordinance No. 104-88: Ordinance No. 104-88, amending Chapter 162 "Signs and Billboards" of the Code of Ordinances to increase the size of permitted sign face, is before the Commission for consideration on Second and FINAL Reading. The City Manager presented Ordinance No. 104-88: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE 15, "BUILDING REGULA- TIONS'', CHAPTER 162, "SIGNS AND BILLBOARDS", SECTION -17- 8/23/88 219 162.035, "SIGNS PERMITTED AND REGULATED", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SUBSECTION (5), TO INCREASE THE SIZE OF PERMIT- TED SIGN FACE; PROVIDING A SAVING CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Ms. Horenburger moved for the adoption of Ordinance No. 104-88 on Second and FINAL Reading, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 25. Ordinance No. 105-88: Ordinance No. 105-88, amending Chapter 162 "Signs and Billboards" of the Code of Ordinances relative to signs permitted and regulated in zoning districts, is before the Commission for consideration on Second and FINAL Reading. The City Manager presented Ordinance No. 105-88: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE 15, "BUILDING REGULA- TIONS'', CHAPTER 162, "SIGNS AND BILLBOARDS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, SECTION 162.035, "SIGNS PERMITTED AND REGULATED IN ZONING DISTRICTS" BY AMENDING SUBSECTION (F), "COMMERCIAL DISTRICTS", SUB-SUBSECTION 1 "SHOPPING CENTERS ONLY" SUB-SUB-SUBSECTION (b), TO INCREASE THE PERCENTAGE OF BUILDING FACE THAT A WALL SIGN MAY ENCOMPASS; BY AMENDING SUBSECTION (G), "INDUSTRIAL DISTRICTS", SUB-SUBSECTION 2, TO REDUCE THE PERCENTAGE OF BUILDING FACE THAT A WALL SIGN MAY ENCOMPASS; PROVIDING A SAVING CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Ms. Horenburger moved for the adoption of Ordinance No. 105-88 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Ms. McCarty returned to the Commission Chambers at this time. 26. Ordinance No. 106-88: Ordinance No. 106-88, amending Chapter 162 "Signs and Billboards" of the Code of Ordinances to regulate the size of signs permitted within special setback areas, is before the Commission for consideration on Second and FINAL Reading. The City Manager presented Ordinance No. 106-88: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE 15, "BUILDING REGULA- TIONS'', CHAPTER 162, "SIGNS AND BILLBOARDS", SECTION 162.055, "CLEARANCE HEIGHT AND SETBACKS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ENACTING A NEW SUBSECTION (4) TO REGULATE THE SIZE OF SIGNS PERMITTED WITHIN SPECIAL SETBACK AREAS; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. (Copy of Ordinance No. 106-88 is on file in the official Ordinance Book) Ms. Horenburger moved for the adoption of Ordinance No. 106-88 on Second and FINAL Reading, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. -18- 8/23/88 220 FIRST READINGS 27. Ordinance No. 107-88: Ordinance No. 107-88, rezoning land presently zoned RM-10 to GC for IandiMarino, located north of Lindell Boulevard between Dixie Boulevard and Federal Highway, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held September 13th. The City Manager presented Ordinance No. 107-88: AN ORDINANCE OF THE CITY COMMISSION OF THE CiTY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM-10 (MULTIPLE FAMILY DWELLING) DISTRICT IN GC (GENERAL COMMERCIAL) DISTRICT FOR A PARCEL OF LAND LYING AND BEING IN SECTION 29, TOWNSHIP 46 SOUTH, RANGE 43 EAST, DELRAY BEACH, PALM BEACH COUNTY, FLORIDA; SAID LAND IS LOCATED ON THE NORTH SIDE OF LINDELL BOULEVARD, BETWEEN FEDERAL HIGHWAY AND DIXIE HIGHWAY, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983"; PROVIDING A GENERAL REPEAL- ER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. While this was not a formal Public Hearing, Mayor Campbell stated if anyone from the audience wished to come forward and speak, they could do so at this time. No one came forward from the audience. Mr. Weatherspoon moved for the adoption of Ordinance No. 107-88 on First Reading, seconded by Ms. McCarty. Upon roll call the Commis- sion voted as follows: Ms. Brainerd - No; Ms. Horenburger - No; Ms. McCarty - No; Mr. Weatherspoon - Yes; Mayor Campbell - No. Said motion FAILED with a 4 to 1 vote. The City Manager stated the applicant felt he was "entitled" to a Public Hearing and now the question is whether or not he just received his Public Hearing. The City Attorney advised there is no Public Hearing required, even though Mayor Campbell gave the public an opportu-_ nity to speak. 28. Ordinance No. 108-88: Ordinance No. 108-88, annexing property on N.W. 4th Avenue between N.W. 13th Street and N.W. 12th Street with an initial zoning of R-1AA (Byrd), is before the Commission for considera- tion on First Reading. If passed, Public Hearing will be held September 27th. The City Manager presented Ordinance No. 108-88: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LYING AND BEING IN SECTION 8, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED ON THE WEST SIDE OF N.W.4TH AVENUE, BETWEEN N.W. 12TH STREET AND N.W. 13TH STREET; 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 R-1AA (SINGLE FAMILY DWELLING) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Ms. Horenburger moved for the adoption of Ordinance No. 108-88 on First Reading, seconded by Ms. McCarty. Upon roll call the Commis- sion voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had: -19- 8/23/88 221 John Wheeler, stated there was discussion at the P&Z Board meeting relative to a possibility of rezoning this parcel to R-1AAA and that is definitely not acceptable, as the R-1AA is consistent with the surrounding area. Upon question, Mr. Kovacs advised that even though the surrounding area is zoned ~-iAA, the property owners to the south and east have lots that are R-1AAA in size. Mayor Campbell questioned if it can be confirmed that every existing lot in the adjacent area is actually on lot sizes more compatible with R-1AAA. Mr. Kovacs replied that is true, except for the area to the north. At this point the roll was called to the motion. 29. Ordinance No. 109-88: Ordinance No. 109-88, annexing Enclave 45, located at the northeast corner of U.S. Highway No. 1 and Avenue "A", consisting of a 1.01 acre parcel with a proposed zoning of SC and presently the site of a portion of the Delray Beach Toyota Automobile Dealership, is before the Commission for consideration on First Reading. The City Attorney stated this is the Item that was taken care of by the amendment to Ordinance No. 72-88, so the Commission can now move to delete this item. Ms. Horenburger moved to delete Ordinance No. 109-88 from the Agenda, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. REGULAR AGENDA 32. Site Plan Approval - Hidden Lake Subdivision: The Commission is to consider a request for site plan approval for the proposed Hidden Lake Subdivision located on the west side of Homewood Boulevard between Homewood Lakes Subdivision and Lago Del Ray. Mayor Campbell stated that he would like the developer to go on record· confirming there will be no discrimination based on age. He questioned the fact he could find no playgrounds on the site plan. The City Manager stated the staff recommended that the Tot Lot be provided along with park benches, but that was not the recommendation of the P&Z Board. Discussion followed relative to parking, open space, amenities, and the number of units. Nathan Miller, the developer, stated two and three bedroom homes, consisting of one and two stories are to be constructed. The property is not defined for any one particular market. Ms. McCarty stated she objects to the "cookie cutter" image of zero lot line homes. She feels the reason Delray doesn't have families is because there is nothing built for them. Mayor Campbell requested they reserve two lots for Tot Lots and designate the number of three bedroom units that will be built. Mayor Campbell stated he feels, without appropriate planning techniques to bring families in, it is aimed solely at the retirement market. Mr. Miller pointed out that there will be one Tot Lot on one end of the development and a pool and another Tot Lot on the opposite end. Ms. Brainerd objected to the location of the Tot Lot at such close proximity to the fresh water retention pond. Mr. Weatherspoon questioned if the right-of-way problem had been resolved. Mr. Kovacs responded that it has been recommended to have a 40 foot right-of-way with a sidewalk on one side. Upon question bY Ms. Brainerd if Tot Lot is defined as to the type of equipment to be provided and the material to be used, Mayor -20- 8/23/88 222 Campbell suggested the developer designate on the site plan that appro- priate small child playground equipment will be located there. Mr. Miller objected to the condition that 30 percent of the project must be three bedroom units. Mayor Campbell stated the City is concerned about~a commitment that is family-oriented. After discussion, Mr. Miller agreed to the 30 percent commitment even though he felt it was not a good precedent, from P&Z level process, and had he initially known that, it is possible he would not have purchased the land. Ms. Horenburger moved for approval of the site plan with the designation of the two Tot Lots with the requirement that there be placed thereon some playground equipment for small children with appro- priate screening for access to the lakes and that a minimum of 30 percent of the units be designated as three bedroom units, and subject to other staff recommendations, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 33. Sherwood Plaza Rezonin~: The Commission is to consider a request for rezoning from SAD to GC. Mayor Campbell stated the purpose of this item is to learn if there is a consensus to move from SAD to GC. The City Attorney advised the question is whether or not the City wishes to institute a rezoning. Mayor Campbell questioned since there was an application made and turned down, if there is a way to revisit the application without going through the entire process again. The City Attorney stated when the Commission moves to deny the Ordinance, it is necessary to go back to First Read- ing. Mr. Weatherspoon stated the Commission requested to revisit the item to see if there was a desire to reconsider looking at the rezoning, due to the development to the north. He questioned why the process of notification is different, depending on whether staff or the applicant makes the request. The City Attorney advised the statutes say if the City initiates a rezoning, there will be more notice required than if the owner requests it. Mayor Campbell stated the rezoning was denied originally because there was fear that there would be a pawn shop located there. That has been precluded by the fact the Code was not amended to allow Pawn~shops. Ms. Horenburger requested this item be workshopped to learn the reasons why it was zoned SAD earlier. The City Attorney stated the applicant may pursue this since the City is not going to initiate a rezoning. Ms. McCarty suggested the applicant research the item and supply the Commission with changes that have occurred since the last application. Mayor Campbell suggested it might be helpful for the Commissioners to look at the minutes of the meeting where it was can- celled to help refresh their memory. 35. Interlocal Agreement between the City and the CRA: The Commis- sion is to consider an Interlocal Agreement between the City and the CRA which establishes a Line of Credit up to $300,000 for the benefit of the CRA in connection with the construction of a parking garage of approxi- mately 400 spaces and related facilities. The City Attorney stated the substance of the memo received late this afternoon, basically, is that there is a Line of Credit Agree- ment up to $300,000 to be used for the debt service on the parking garage project. The only other issue for consideration is the remedies available, if the loan is not repaid. The Commission could then elimi- nate the future borrowings against the Line of Credit, but the loan is essentially unsecured. Ms. Horenburger moved for approval of the Interlocal Agreement, seconded by Ms. Brainerd. Leon Weeks, Vice-Chairman of the CRA, stated there is one area in which the CRA is not in agreement relating to the repayment. In 1989 and 1990 there will be no request for funding from the City. In 1991 there is a potential need for $200,000 to cover debt service and $100,000 in 1992. The City wants the CRA to pay the interest on the -21- 8/23/88 223 first $200,000 when the second $100,000 is given. In effect, he feels the CRA is not really getting $100,000 as the interest begins on the first money when the second is received. They are suggesting the time frame be moved down one year, so in the third year the CRA will pay interest only of $24,000 in 1993 and amortize it five years thereafter. Ms. McCarty moved to approve the Interlocal Agreement, subject to adjustment in the interest payment schedule, seconded by Ms. Brainerd. The City Attorney stated, based on the later time frame, that brings up a concern that needs to be addressed in the Agreement that makes the funding subject to budget. He stated when this was discussed originally, the draw was to happen this fiscal year, then it became the second fiscal year. He feels that methodology could be done by earmark- ing the funds; however, this will now bind a Commission for the 1991 Fiscal Year to budget $200,000 and he has a concern when it comes to binding subsequent Commissions to budget items. Mayor Campbell stated the Commission will set aside $300,000 of unencumbered surplus that will not be used. Ms. Horenburger made a substitute motion to approve the Interlocal Agreement and to appropriate $300,000 of unencumbered surplus to be spent in 1991 at $200,000 and $100,000 in 199'2 to the CRA, as per the Agreement, along with the pay back schedule amended as suggested by the Commission, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 36. Conditional Use Permit .Request (CU 6-244): A request for a ~nditional use and site and development plan approval for the proposed Atlantic Avenue Car Wash at the southwest corner of Atlantic Avenue and S.W. 9th Avenue, is before the Commission for consideration. The P&Z Board and staff recommend denial. Beril Gentry, of Gentry Engineering, representing the owner, who is under contract to purchase, subject to approval of the City Commission or P&Z Board, stated since the recommendation of the P&Z Board, the owner has requested the application be postponed and that he be allowed to return later to address the issues as set forth by the P&Z Board. Ms. Horenburger moved to postpone the request for CU 6-244, for a period of thirty days, seconded by Ms. McCarty. Upon.roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 43. Auburn Trace Proposal - Procacci Development Company: The Commission is to consider a revised Auburn Trace Housing proposal as submitted by Procacci Development Corporation and Palm Beach County Housing Partnership. George Steele, Palm Beach County Housing Partnership, stated at the last meeting, it was indicated they would work with Procacci Devel- opment, Inc., to see what could be done in the redesign of Auburn Trace for approximately 250 units. A proposal for 256 units was submitted to staff last Monday eliminating various amenities and there were changes necessary in terms of the financial arrangements with the City. There was an immediate negative reaction from staff and others due to the substantial reduction in the amenities, so they returned to the drawing board. The three proposals before the Commission are the original containing 368 units with a density of 9.7, the second containing 256 units with a density of 6.7 and the third proposal of 296 units includ- ing all the amenities with a density of 7.8. After discussion, Mayor Campbell stated there does not appear to be a consensus of the Commission and it seems that permitting a higher density in the number of units is necessary to corroborate the need for the amenity package. As he understands it, Procacci is stating they cannot provide the amenity package the City has in mind at a -22- 8/23/88 224 density of 7 units per acre and is asking if the City is willing to allow the increase in the density to maintain a higher amenity package. Mayor Campbell stated the Commission has never addressed the issue of what is appropriately deemed to be contained in the amenity package. He is not sure 'any amenity package was required. Assistant City Attorney Kurtz advised there was an amenity package contained in the UDAG application and it was spelled out specifically. Mayor Campbell stated he feels they are trading densities for amenities and he is not prepared to make that type of decision tonight. Mr. Steele stated he feels it was an honest effort on every- one's part to be responsive to the narrow time frame imposed on the City by HUD. The Partnership wanted to save the grant, not only for this project but, also, so as not to prejudice future opportunities available for Federal assistance. Ken Simback, representing Procacci Development, stated he would like to point out that the dilemma being faced is that the rents are capped. One of their objectives is to satisfy the concerns of the School Board in reducing the population. By reducing the population, this reduces the number of bedrooms, but this also reduces the rent. The problem is that.they are faced with a specific rent ceiling that can be charged, as is mandated through the Grant Agreement. When we take that rent ceiling, our costs of constructing this project are going to be the same as the costs for George Steele, the City of Delray or any other private developer. When the cost of the amenities is added, that has to be amortized out of the cash flow. There is no way of getting more money into the project except by adding more units. So we put back in the cost of the pool, the pool changing room facilities and the fences which was a part of the amenity package, and moved back into the project the cost of constructing the Day Care facility, which is in excess of $200,000. Mayor Campbell stated he feels a fresh dilemma has been placed before the Commission whether or not to revisit the 'density to recreate an amenity package. Ms. McCarty stated she feels the Commission might like to examine other proposals. Ms. Horenburger stated she feels the points made, such as the cap on the rent and the amenities in the Grant, may not make it possible for another developer unless a different type of project is proposed. Philip Procacci, stated he, as the developer, is not suggesting anything. The Commission is the one who has requested the density be reduced, along with staff, who has requested they submit another pro- posal. Now they are being told it is their Grant and their obligation to revisit HUD and request changes. This is a project Procacci and the City of Delray put together in unison and it is our Grant together to develop the housing that HUD has approved. Mayor Campbell stated in preparing for this meeting, the infor- mation was not available to him in order to make a decision on densities versus amenities. The report indicated that an alternate plan had been prepared with a lower density, but it was met with some dissatisfaction. He does not feel he can make a qualitative judgement on something so briefly reviewed. Ms. Horenburger stated she feels the Commission should make a decision to set the terms at 7 units or less per acre. Mayor Campbell stated the Commission concurs in their request for the lesser units and the full amenity package. Procacci has the opportunity to make that presentation and, if possible, he feels the Commission is still under some obligation to agree. CONSENT AGENDA -23- 8/23/88 225 '~e following items were considered by the Commission as the Consent Agenda: 40. Homewood Boulevard Widenin~ between Linton Boulevard and Lowson Boulevard: The Commiss~6n is to consider approval of a revised scope of the Homewood Boulevard project and rejection of bids. 41. Landscape Plans for South Federal Highway between Linton Boulevard and the C-15 Canal and Homewood Boulevard: The Commission is to consider the final approval of Landscape plans for the portion of the beautification program on South Federal Highway between Linton Boulevard and the C-15 Canal and for Homewood Boulevard. 42. Request to Purchas.e City Property - Del Ida Park Subdivision: The Commission is to consider a request to purchase a portion of Lot 13, Block 4, Swinton Avenue and Dixie Boulevard. Approval is recommended, subject to a restriction that the residual parcel not be used as a building site. 45. Final Plat, Phase I - Sabal Lakes: The Commission is to 'consider a request for Final Plat approval for Sabal Lakes, located on the east side of Barwick Road, between Lake Ida Road and Ridgewood Road. This 38.408 acre parcel is zoned PRD-L and includes 117 single family lots, three park tracts and a water management tract. The Planning and Zoning Board recommend approval of the final plat for Phase I, subject to the following conditions: 1. That the Commission grant a waiver to allow the construc- tion of the model units prior to the recordation of the plat. 2. That the full cost of extending the 12" water main from its present point of termination to the eastern property line near Lone Pine be borne by the developer and that this be reflected in the financial guarantee provided for this improve- ment. 3. That prior to the execution of the plat, permits from L.W.D.D., S.F.W.M.D., the County Health Department and Palm Beach be obtained and revised plans submitted to address the items identified under the technical code requirements and engineering plan sections of this report. 4. That prior to consideration by the City Commission, improvement agreements and financial guarantees for public improvements must be accepted by the City Engineer. 46. Awards of Bids and Contracts: The Commission is to consider the following awards of Bids and Contracts: A. Purchase of Lot 2, Nichols Second Addition - $45,000 - Funding to come from Account 337-5163-536-60.11 of the 1984 Water and Sewer Revenue Bond. B. Change Order No. 2 - Q & Q, Inc. - $6,465 for Installa- tion of a Cover and Filtration System to reduce odors generated at the Sludge Centrifuge Pit located at the South Central Regional Wastewater Treatment and Disposal Plant with .funding to come from Account 441-5142-536-60.89 of the Wastewater Treatment FY87-88 Capital Outlay Fund. C. Change Order No. 2 - Hazen and Sawyer Engineering - $1,200 for design of the Centrifuge Sludge Pit Odor Cover to be installed at the SCRWTD Plant with funding to come from Account 441-5142-536-60.89 of the Wastewater Treatment FY87-88 Capital Outlay Find. D. Housing Rehabilitation Program - Funds will come from the Community Development Housing Rehabilitation Grant Program. 356 S.W. 10th Avenue - Henry Haywood - $9,602 133 S.W. llth Avenue - Darryl Cook - $15,631 314 N.W. 12th Avenue - Henry Haywood -$13,886 -24- 8/23/88 226 E. Traffic Intersection Improvements - Dixie Boulevard at North Swinton - Charles W. Whiteside - $16,805 - Funding to come from Account 001-2911-519-60.63 of the FY87-88 Engineering Budget. F. Moving City-owned house for Susie Russell - LaPlant-Adair Company - $13,500 - Funding to come from Account 118-1963-554-60.23 in the FY87-88 Community Development Budget. G. Change Order No. 1 - PRIME, Inc. - $9,000 - Funding to come from Account 001-1711-524-33.15 in the FY87-88 Community Improvement Budget. (Through October 10, 1988). Ms. Brainerd moved for approval of the Consent Agenda, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - 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 12:55 A.M. City Clerk ATTEST: The undersigned is the City Clerk of the City of Delray Beach and th'at the information provided herein is the minutes of the meeting of said City Commission of August 23, 1988, which minutes were formally approved and adopted by the City Commission on ~..~Z /~/ . = -- ~ 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. -25- 8/23/88