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03-10-87350 MARCH 10, 1987 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 7:02 P.M., Tuesday, 'March 10, 1987. 1. Roll call showed: Present - Commissioner Malcolm T. Bird Commissioner Richard J. Dougherty Commissioner Marie Horenburger Commissioner Jimmy Weatherspoon Mayor Doak S. Campbell Absent - None Also present were - City Manager James L. Pennington and Assistant City Attorney Jeffrey Kurtz ~ 2. The opening prayer was delivered by Barry Silver, son of Rabbi Sam Silver of Temple Sinai. 3. The Pledge of Allegiance to the flag of the United States of America was given. 3.a. Mayor Campbell suggested that everyone give a round of applause to congratulate Commissioner Weatherspoon on his birthday. 3.b. Mayor Campbell announced a Special Meeting of the Commission to be held at 12:00 noon on March 12, 1987, for the purpose of canvassing the returns and declaring the results of the March 10th election. 4.a. Mayor Campbell presented a proclamation proclaiming May 3-9, 1987, as Drinking Water Week. 4.b. Mayor Campbell presented a proclamation proclaiming April 11, 1987, as Arbor Day. 5. Mr. Bird moved to approve the agenda, seconded by Mrs. Horen- burger. Upon roll call the Commission voted as follows: Mr. Bird - Yes; Mr. Dougherty - No; Mrs. Horenburger - No; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 2 vote. Before roll call the following discussion was had: Mr. Dougherty recommended that Items No. 11 and 34, relative to the Lehman Property rehearing, be deleted. Due to much confusion as to why it is necessary to have a rehearing, it seems this rehearing is premature. He feels it should have been brought to the attention of the Commission prior to advertising for Public Hearing. He does not feel the Assistant City Attorney has the authority to make such publications without the consent and concurrence of the Commission. Mr. Dougherty moved to delete Items No. 11 and 34 from the agenda. The motion died for lack of a second. Mrs. Horenburger stated that she would like a clarification of the comment concerning whether the City Attorney needs to check with the Commission prior to placing an item on the agenda for Public Hearing and advertising it. The Assistant City Attorney stated that their office places a number of items on the agenda which are not directed by the Commission. Mayor Campbell stated that it is a matter of procedure. Mrs. Horenburger questioned why they were rehearing the Land Use Plan Designation, since they had voted on it at an earlier meeting. The Assistant City Attorney stated that both items have been previously voted on and both were passed by the Commission. A letter went out and all members of the Commission were to have received a copy 351 with an explanation as to why this item was being reheard. The appli- cant, through his representative Roger Saberson, has some concern as to whether the Public Notice was sufficient prior to the City hearing the Land Use Plan and the Rezoning of these items. It is the position of the City Attorney's Office that the notice of the Land Use Plan Amend- ment was sufficient. Mr. Saberson is of the opinion that two Public Hearings are needed for this type of amendment. There is no case law directly on point, so it has been brought back on that basis. As to the Rezoning, the City Attorney's Office is in agreement with Mr. Saberson that the notice for the Second Hearing on the Rezoning, which occurred prior to the scheduled December 30th meeting, is insufficient. Ten days public notice is required, so the Rezoning failed because of a lack of public notice at Commission level. Mr. Dougherty stated that the explanation received is an indication as to why it should have been brought back to the Commission to point out a deficiency on their part. At this time the roll was called to the motion. PUBLIC HEARING 6. Ordinance No. 13-87 - Delra¥ Beach Historic Preservation Board. Ordinance No. 13-87, relative to creating a Historic Preservation Board for the City, 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. 13-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ENACTING CHAPTER 31, "HISTORIC PRESER- VATION'' TO THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, TO PROVIDE WITHIN ARTICLE I "GENERAL", FOR LEGISLATIVE INTENT AND PURPOSE, TO PROVIDE DEFINI- TIONS; TO PROVIDE WITHIN ARTICLE II, "HISTORIC PRESER- VATION BOARD", FOR THE CREATION AND COMPOSITION OF THE PRESERVATION BOARD, TO PROVIDE TERMS OF OFFICE, TO PROVIDE FOR ORGANIZATION OF THE BOARD, TO PROVIDE FOR DUTIES, FUNCTIONS AND POWERS OF THE BOARD GENERALLY; TO PROVIDE WITHIN ARTICLE III, "DESIGNATION OF HISTORIC SITES", DIVISION ONE, "DESIGNATION STANDARDS", FOR THE RELATIONSHIP TO ZONING DISTRICTS, TO PROVIDE FOR CLASS- IFICATIONS OF STRUCTURES AND BUILDINGS, TO PROVIDE PRESERVATION STANDARDS, TO PROVIDE DEVELOPMENT STANDARDS; TO PROVIDE WITHIN ARTICLE III, "DESIGNATION OF HISTORIC SITES", DIVISION TWO, "DESIGNATION PROCEDURES", FOR THE NOMINATION FOR HISTORIC SITE DESIGNATION, TO PROVIDE FOR NOMINATION, NOTIFICATION AND HEARINGS, TO PROVIDE FOR BOARD RECOMMENDATIONS AND APPEALS, TO PROVIDE FOR A LOCAL REGISTER OF HISTORIC PLACES; TO PROVIDE WITHIN ARTICLE IV, "CERTIFICATE OF APPROPRIATENESS", FOR BASIC REQUIRE- MENTS, TO PROVIDE FOR REVIEW GUIDELINES, TO PROVIDE FOR REVIEW INITIATION AND PROCEDURES, TO PROVIDE FOR DEMOLI- TION OF HISTORIC SITES AND WITH HISTORIC DISTRICTS; TO PROVIDE WITHIN ARTICLE V, "SPECIAL PROVISIONS FOR ADMIN- ISTRATION AND ENFORCEMENT", FOR VARIANCES, TO PROVIDE FOR AMENDMENTS TO DESIGNATIONS, TO PROVIDE FOR ORDINARY MAINTENANCE AND REPAIR, TO PROVIDE FOR ENFORCEMENT OF MAINTENANCE AND REPAIR PROVISIONS, TO PROVIDE FOR UNSAFE STRUCTURES, TO PROVIDE POR EMERGENCY CONDITIONS, TO PROVIDE FOR INSPECTIONS, TO PROVIDE FOR UNDUE ECONOMIC HARDSHIP, TO PROVIDE FOR PENALTIES FOR VIOLATIONS OF THIS ORDINANCE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 13-87 is on file in the official Ordi- nance Book) The Assistant City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance -2- 3/10/87 352 with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. John Johnson, representing the Historic Palm Beach County Preservation Board, stated he is available to answer any questions the citizens may have at this time. Alice Finst, Acting Chairman of the Community Appearance Board, stated that the Community Appearance Board was asked to review this ordinance. It is scheduled for review tomorrow night and she questioned if the Commission wanted to delay their decision or if they would hear the Board's comments later and make amendments. Mayor Campbell stated the Commission would make amendments later, if there was a serious conflict. Mrs. Finst stated that Section 31-13(1) calls for a three member committee whose membership will include the Chairman of the Planning and Zoning Board, etc. Mayor Campbell stated that it should read five members. The Commission made an appointment and added the CAB Chairman to make a total of five members. Mrs. Finst stated there seems to be a feeling, relative to setting up the boards in the City, that the people appointed shall be residents of the City. The CAB will present their comments to the Commission following the meeting on Wednesday night. The Assistant City Attorney questioned if there is a precedent for any board or commission member to be a City resident. He stated they had purposely omitted it from the ordinance to draw on expertise outside the community. Mayor Campbell stated the Commission feels there are enough people that are residents of Delray, making it unnecessary to go outside the City. The Assistant City Attorney advised that Section 31-3(1) calls for seven members to be appointed by the Commission. The nominating committee has five members. The public hearing was closed. Mayor Campbell stated that he would like to congratulate everyone who has worked on this. The Commission feels it is one more element to show the concern of the people of Delray for their quality of life and the long term future in the community. Mrs. Horenburger moved for the adoption of Ordinance No. 13-87 on Second and FINAL Reading, with the understanding that it include the language change concerning residency, seconded by Mr. Bird. Upon roll call the Commission voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 7. Ordinance No. 14-87 - Priest Annexation. Ordinance No. 14-87, relative to annexing a 0.64-acre parcel subject to the GC (General Commercial) District, located north of Lake Avenue, between North Federal Highway and Dixie Highway, is before the Commission for consid- eration 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. 14-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH THE SOUTH HALF OF THAT PART OF TRACT 1 LYING WEST 'OF U.S. HIGHWAY NO. 1, CORRECTION MAP SHOWING PROPERTY OF HARRY SEEMILLER, PALM BEACH COUNTY, FLORIDA, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 9 AT PAGE 72 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY. SAID LAND IS LOCATED NORTH OF LAKE AVENUE, BETWEEN NORTH FEDERAL HIGHWAY AND DIXIE HIGHWAY; REDEFINING THE BOUNDA- RIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE -3- 3/10/87 353 ZONING THEREOF TO GC (GENERAL COMMERCIAL) DISTRICT; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 14-87 is on file in the official Ordi- nance Book) The Assistant City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Bird moved for the adoption of Ordinance No. 14-87 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Bird - Yes; Mr. Dougherty -Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. (Mayor Campbell referred to a letter he received from Mr. Harold Kilpatrick regarding his application for annexation. Mr. Kil- patrick was under the impression his annexation would be heard at this meeting. The ordinance was presented on First Reading at the February 24, 1987, meeting and was not scheduled to come back for Public Hearing and Second and FINAL Reading until the March 24, 1987 Regular Meeting). 8. Ordinance No. 15-87 - Koerner Annexation. Ordinance No. 15-87, r~lative to annexing a 0.20-acre parcel, subject to the RM-Medium to ~edium High density Dwelling District, located on the west side of ~florida Boulevard, between LaMat Avenue and Dogwood Drive, 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. 15-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOTS 48, 49 AND 50, BLOCK 35, DEL-RATON PARK, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 14, PAGES 9 AND 10, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY. SAID LAND IS LOCATED ON THE WEST SIDE OF FLORIDA BOULE- VARD, BETWEEN LAMAT AVENUE AND DOGWOOD 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 RM (MEDIUM TO MEDIUM HIGH DENSITY DWELLING) DISTRICT; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 15-87 is on file in the official Ordi- nance Book) The Assistant City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Bird moved for the adoption of Ordinance No. 15-87 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 9. Ordinance No. 18-87 - Smith Rezoning. Ordinance No. 18-87, relative to rezoning a 3.56 acre parcel from R-1AA (Single Family Dwelling) District to RO (Residential Office) District, located on the north side of West Atlantic Avenue, between N.W. 24th Avenue and N.W. 27th Avenue, 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. 18-87: -4- 3/10/87 354 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-1AA (SINGLE FAMILY DWELLING) DISTRICT IN RO (RESIDEN- TIAL OFFICE) DISTRICT THE WEST HALF OF LOTS l0 AND 17; AND LOTS 11, 12, 13, 14, 15 AND 16, BREEZY RIDGE ESTATES, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 23 AT PAGE 105 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. LESS THE RIGHT-OF-WAY FOR STATE ROAD 806 AS SHOWN IN ROAD PLAT BOOK 3 AT PAGE 28 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID LAND IS LOCATED ON THE NORTH SIDE OF ATLANTIC AVENUE, BETWEEN N.W. 24TH AVENUE AND N.W. 27TH AVENUE, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983". (Copy of Ordinance No. 18-87 is on file in the official Ordi- nance Book) The Assistant City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Bird moved for the adoption of Ordinance No. 18-87 on Second and FINAL Reading, seconded by Mrs. Horenburger. Upon roll call the Commission voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 10. Ordinance No. 22-87 - Amending Zoning Code - Live-Aboard Vessels. Ordinance No. 22-87, amending Chapter 30 "Zoning" of the Code of Ordinances relative to regulating and permitting live-aboard vessels at full service marinas in the RM-10 and RM-15 Districts only, 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. 22-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING CHAPTER 30, "ZONING", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 30-7(C), "RM-10 MULTIPLE FAMILY DWELLING DISTRICT", AND SECTION 30-8(C), "RM-15 MULTIPLE FAMILY DWELLING DISTRICT", TO ADD AS A CONDITIONAL USE UNDER THESE ZONING DISTRICTS "LIVE-ABOARD VESSELS" IN CERTAIN INSTANCES AND RENUMBERING THE REMAINING USES; PROVIDING A GENERAL REPEALER; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 22-87 is on file in the official Ordi nance Book) The Assistant 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. Mayor Campbell returned to the uommission Chambers at this time. Robert Chapin, stated that this issue goes back to the fall of 1984, has now been resurrected and he would like to supply a brief history. When the dock was built on this property in the south end of town, a question arose as to the legitimacy of the owner and several vessel owners residing on their boats. The City Building Official at that time investigated the matter and advised the owners that what they were doing was legal. Improvements were made to the property in terms of water and electricity. In the spring of 1985 the City Attorney's -5- 3/10/87 355 Office issued, through the Building Department, a code violation alleg- ing that the boat owners and the property owner were violating the ordinances of this community. In June of 1985, after a Code Enforcement Hearing, the members of the board unanimously ruled 6-0 that Mr. Chap- in's clients, the owner and the boat owners did not violate any ordi- nance of the City. In January of 1986, Ordinance No. 8-86 came before the City Council to prohibit such activity in the future. That ordi- nance was defeated. Ordinance No. 22-87 was brought before the Commis- sion two weeks ago and was passed on First Reading. Prior to the Code Enforcement Hearing in June of 1985, leases were entered into between the owner and the three boat owners, the last of which expires on October 31, 1989. As he advised the Commission over a year ago, any public body to pass legislation to impair a valid legal contract raises a very serious constitutional issue; and he believes that an acting ordinance that would impair an acting contract, which was legal and valid at the time it was drawn, would be thrown out of court in this County. On behalf of his clients, he is recommending a compromise. If the ordinance is approved, they would like the leases to live out their terms and not to continue after October 31 or November 1, 1989. ~ Betty Malicoate, Tropic Isle, stated they live on a small bay just off Tropic Bay and there are often vessels anchored there. She feels no one should be allowed to live on the water due to the pollution of our waters. Mr. Chapin stated there are ordinances on the books prohibiting any person or vessel anchoring in the intracoastal and living on board. There is no ordinance regarding dockage. There has never been an issue of pollution, trash or noise by these citizens. An investigation has been made by the Building Department; there is no allegation that the residents are not paying their fair share for water and sewer on land and there is no question in the record of the past two years of any indication of pollution affecting the environment. Elizabeth Matthews, 1024 White Drive, stated that she would like to remind the Commission that there is no community from Ft. Lauderdale through Palm Beach County, including north Palm Beach, except Delray Beach and Lake Worth who allows live-aboard boats. Mary Banting, Tropic Isle, stated that at one time there were deed restrictions that did not allow boats to be docked in Tropic Isle and have persons living aboard. She felt those restrictions were lifted in 1980 or 1981. Dave Martin, an Architect, stated that he lives aboard a sailboat. He stated that Ft. Lauderdale does allow live-aboards on Hendricks Isle and in the public marinas; they have dealt with this on New River and it is a wonderful situation. There are people in water oriented communities who are dealing with this in nice ways. The Public Hearing was closed. Mr. Bird moved to adopt Ordinance No. 22-87 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Mr. Weatherspoon stated that since there is no threat to life, limb or property, he feels the existing language in the ordinance should be modified to read that it not take effect until the expiration of the current leases. Mrs. Horenburger stated that she would like Mr. Chapin to clarify a request to postpone this ordinance. He stated he would like to meet with the City Attorney's Office and work out some sort of compromise. Mr. Chapin stated he would be happy to meet with the City Attorney's Office to draft an ordinance that he feels would be fair. It could then be brought before the Commission without any controversy as to the existing lessees and the owner to avoid resolving the matter in court. -6- 3/10/87 356 Mrs. Horenburger questioned if there is any way the ordinance can be revised or an amendment incorporating the expiration of the leases or does that still stand on its own. The Assistant City Attorney advised it would depend on how it was addressed. If it is done in the form of an effective date, he feels something could be done. Mrs. Horenburger stated that 1989 is the expiration date of the last lease. Some time ago, the Commission had concurred with waiting until those leases expired. Mrs. Matthews stated the original ordinance that was voted upon had the original date of October, 1987, and it failed on a 2-2 vote. The Assistant City Attorney stated the expiration date on the ordinance before the Commission is June 15, 1987. Mrs. Horenburger stated she was prepared to pass the ordinance, but her main concern was how to exempt the leases in question and still pass the ordinance. The Assistant City Attorney stated he could not answer, as he was not familiar with the details behind the different ordinances. There is a reference to live-aboard vessels only when located at full service marinas which used their facilities for live-aboard vessels as of September 1, 1985. He does not know if that covers some of the people. Mr. Chapin stated if the Commission wanted to resolve it at this time, he suggested an amendment on page 3 of the ordinance, that June 15, 1987, be changed to November 1, 1989. However, that would apply to everyone, not just the 3 remaining plus the owner. Mayor Campbell questioned if wordage to the effect that this ordinance shall not apply to any written leases in existence as of a certain date could be implemented. Mr. Dougherty stated there would need to be an exception to take care of the one owner who also lives aboard, but is not a lessee. Mr. Bird stated the effective date would be applicable to everyone, whether he is the owner of the property, or the owner of the vessel. If an effective date is established now, with the exception of those leases in being as of June 1, 1986, and any resident or owner of the property living aboard a vessel located at his property until the last effective date of any approved lease, that should cover it all. The Assistant City Attorney stated that he would like some time to determine if that could be incorporated into the effective date portion of the ordinance without changing the caption. He advised if the caption does not have to be rewritten, the ordinance does not need to go through First Reading again. Mr. Bird stated if the approval was postponed until the night of March 24th, it would allow the City Attorney to review the ordinance. The Commission could either turn it down if the caption were improper, pass it on First Reading with the new caption, or adopt it with the amended language, assuming the caption does not require correction. The Assistant City Attorney stated that was correct and it would give them an opportunity to work with the language rather that have the Commission pass a nebulous ordinance. Mr. Bird amended his motion to postpone approval of Ordinance No. 22-87, and that it be reheard in the Commission Chambers on March 24, 1987. Mr. Weatherspoon amended his second. Upon roll call the Commission voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Mr. Bird left the Commission Chambers at this time. -7- 3/10/87 357 11. Ordinance No. 24-87 - Chan~in~ the City's Land Use Plan Desig- nation (Lehman). Ordinance No. 24-87, relative to changing the City's Land Use Plan Designation in the Comprehensive Plan for a 2.317-acre parcel from MF-10 (Multiple Family) to C (Commercial), located on the south side of Lindell Boulevard, between U.S. Highway 1 and Dixie Highway and repealing Ordinance No. 90-86, is before the Commission for consideration on First Reading and First Public Hearing. Prior to consideration of passage of this ordinance on First Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 24-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING ORDINANCE NO. 90-86 IN ITS ENTIRETY; CHANGING THE CITY'S LAND USE PLAN DESIGNATION IN THE COMPREHENSIVE PLAN FOR A PORTION OF THE PLAT OF TROPIC PALMS NO. 1, AS RECORDED IN PLAT BOOK 25, PAGE 99 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, TOGETHER WITH A PORTION OF BLOCK 7 OF DEL RATON PARK, ~ ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 14, PAGES 9 AND 10 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, FROM MF-10 (MULTIPLE FAMILY) TO C-COM- MERCIAL. THE SUBJECT PROPERTY IS LOCATED ON THE SOUTH SIDE OF LINDELL BOULEVARD, BETWEEN U.S. HIGHWAY NO. 1 AND DIXIE HIGHWAY; AMENDING THE LAND USE PLAN; PROVIDING AN EFFECTIVE DATE. The Assistant 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. Roger Saberson, representing William Lehman, stated that he wished to put this in perspective in terms of the size that it bears to the remainder of the parcel as a whole; this is a 2.3 acre section of an overall 10 acre site. The 8 acres of the 10 acre site was approved, annexed into the City and rezoned SC (Specialized Commercial) in the middle of December, 1986. He suggested the Commission might want to discuss the Land Use and the Rezoning together. Mr. Bird returned to the Commission Chambers at this time. Sam Schwimer, Pines of Delray East, stated that even though he was not a resident of the immediate area concerned, he is a resident of the City and is extremely interested in its future. When he was a member of the Land Use Advisory Committee it was recommended to the City Council that there be no additional automobile dealerships established in the City. That was later changed by a group who did not return to seek any review by the Advisory Committee. This is not just one, but a multiple of four dealerships. He feels it is again time to put an end to this. Helen Coopersmith, President of the Progressive Residents of Delray, stated she also served on the Land Use Committee. She feels the quality of life for the residents of Delray is the major concern; therefore, she is asking the Commission not to allow any new auto dealerships to be permitted in a residential area. Jean Beer, 945 Tropic Boulevard, questioned if the mistake was made by the City Clerk by the property being notified in the wrong manner or was it the applicant who did not see that it was properly advertised. The Assistant City Attorney stated there was sufficient public notice. If there was a mistake indicating the public notice was lack- ing, it would be the fault of the City. Mrs. Beer also questioned if the City Attorney has addressed the position of Mr. Lehman if he sues to de-annex and that he has 30 days to file such notice. The Assistant City Attorney advised that was in litigation at this time and it is the policy of their office not to discuss litigation matters in public on any level. She reiterated her opposition to the dealership mainly due to the increased traffic hazard she feels it will create for the residential area. -8- 3/10/87 358 Richard Rinehart, representing the Pelican Harbor Homeowners' Association, stated they have voted unanimously against an additional car dealership in this location. Betty Malicoat, stated a couple of months ago this plan was sent back to the Planning and Zoning Board. She attended that meeting and feels the public should be informed as to what happens when a new Land Use Plan is made. They were told the Land Use Plan for everything from Linton Boulevard south to the Delray border was to be an automobile dealership. She understands that everyone who lives within a 300 foot radius of an area to be rezoned receives a notice. She does not feel this area is sufficient, but should be extended to at least two miles. Marian MacLeod, Tropic Bay, stated that this appears to be the First Reading and Hearing which indicates to her there will be a Second Hearing. The Assistant City Attorney stated their office maintains the position that the notice for the December Hearings was sufficient amd the Land Use Designation is in effect at the present time. A vote by the Commission to disapprove the ordinance would leave that old ord- inance in effect. The only way the old ordinance gets repealed is through passage of this one. Mr. Saberson is of the opinion that he does not have an appropriate Land Use Designation in place at this time. Mrs. MacLeod stated she felt this should be clarified before the talk continues. The Assistant City Attorney stated that this was the purpose of the Hearing. If the Commission votes against this ordinance it sends a message that they would like to reconsider the designation they had given this parcel. Mrs. MacLeod stated there are approximately 8,000 people who are going to be affected by this Land Use, and she hopes the Commission will vote to change it from C (Commercial) to GC (General Commercial). Tom Haenlon, 613 N. E. 4th Street, stated that presently this acreage presents nothing but an ugly sight, used by lawbreakers who dump trash on the property. There seems to be a lot of protesting against the auto dealership, but no voice suggesting what they want. The auto mall, consisting of four agencies, has a layout plan for building locations in the area, with landscaping and setbacks that far exceed the conditions which they have been instructed to follow. It could be seen as the beginning of the green belt, which this City envisions with the completion of its beautification project. As for the light and noise pollution, he understands there will be no public address system inside or outside the structures. The paging system will be accomplished on an individual need basis and lighting will be adequate, but directed inward. Don Hassler, 644 Jaeger Drive, stated that he wanted to go on record with a couple of comments. Ralph Buick advertises, "Our Agency is one-half mile north of Boca Raton." Some time ago one of the Coun- cilmen in Boca Raton, when questioned about auto dealerships, stated he did not want Boca Raton to look like a used car lot like Delray Beach. Jane Malfitano, 963 Eve Street, stated that in the process of getting her petition signed, she was met with many comments of this being the second petition the local residents had signed. They all signed the petition the second time in protest to the auto dealership and she is hoping the Commission will realize the large amount of residents who do not want that type of business in their area. Maxwell Minor, 635 Jaeger Drive, stated that he would like to rebut comments made earlier. It was stated that the Lehman Project would have no loud speakers. Mr. Lehman is going to have only one dealership; the other three have not stated there will be no loud- speakers. Some of the standards for evaluating rezoning requests are, for example: Will the change create or excessively increase traffic congestions or otherwise affect public safety? We know that will happen. Will the change adversely affect property values in the ad- jacent areas? That has already happened. Are there substantial reasons why the property cannot be used in accordance with existing zoning? The -9- 3/10/87 359 residents are not in a position to tell the City what type of business they want on a particular parcel of land. Frank Ellis, 649 Jaeger Drive, stated that today's newspaper said everything he wanted to say. There is one article that states Mr. Lehman intends to file suit. In fact, he has filed in another court in the County stating that if he doesn't get what he wants, he will ask the Court to de-annex the property. Dr. Brent Carper, 932 Jasmine Drive, stated that he and his wife have attempted to become more informed on this issue since the first time nearly six weeks ago. They have met Mr. Lehman and learned more about his project. They have attempted to learn more about the proposed land usage in the City. They feel Mr. Lehman would make a fine contribution to the community, but not as an owner of another auto dealership in the south Delray area. The public hearing was closed. Mr. Bird moved for the adoption of Ordinance No. 24-87 on First Reading, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Bird - Yes; Mr. Dougherty - No; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. Before roll call the following discussion was had: Mrs. Horenburger stated this is the City's Land Use Plan Designation from MF-10 to C and she feels it is inappropriate for residential use since it was zoned Commercial in the County. Mr. Dougherty stated he would like to bring to the attention of the Commission a deficiency in the new advertisement which deleted the identification of the Lehman Property designation. He would like to know who deleted the definition. The Assistant City Attorney stated that it is not a statutory requirement to identify who the property owner is or to identify it as the Lehman Annexation. The City Attorney's Office authorized the addition of Dixie Highway and made U.S. Highway No. 1 more clear, but did not request any deletion. Mr. Dougherty stated that the letter sent by the City Attor- ney's Office states that the new replacement ordinance will have the same effect as those previously passed. If that is the case, he ques- tioned why it was being discussed again. The Assistant City Attorney stated it was brought back to the Commission by the applicant's request. The letter was sent to all persons who indicated an interest at the previous meeting. Mr. Dougherty stated that less than two months have elapsed since the Land Use was approved and it is already being recommended for a change. With the institution of four dealerships there, it will require cutting across the Lindell Boulevard island. The Commission has listened to citizens tonight claiming the property value will diminish. He feels those people are entitled to protection against that. Mr. Bird stated that he had read his entire agenda package and he found no reference to an automobile dealership. The balance of the approximate 16 acres that make up this parcel are zoned Commercial and' the subject under discussion is whether the entire block should be designated as C (Commercial). He feels it is consistent with the Land Use changes that were made for County pockets. Mr. Weatherspoon stated he would reserve his comments until they discussed the rezoning. Mayor Campbell stated that he wanted to remind everyone this is a Land Use change and an automobile dealership is not being considered at this time. He is confident that there will be a more thorough discussion at the appropriate time of Conditional Use approval. -10- 3/10/87 360 Automobile dealerships were not conditional use approvals several years ago. Since that time the Commission has opted to have every automobile dealership obtain Conditional Use Approval, at a Public Hearing, each on a case by case individual basis. At this point the roll was called to the motion. The Assistant City Attorney advised that since Ordinance No. 24-87 passed on First Reading, Second Reading and Second Public Hearing will be held on March 24, 1987. Mr. Bird moved to reconsider the agenda, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Bird - Yes; Mr. Dougherty - No; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. Mr. Bird moved to amend the agenda to move Item No. 34 on the Regular Agenda to be the first item of business under Procedural Items, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. PROCEDURAL ITEMS 34. Ordinance No. 25-87 - Lehman Rezonin~. Ordinance No. 25-87, relative to rezoning a 2.317-acre parcel from RM-10 (Multiple Family Dwelling) District to SC (Specialized Commercial) District, located on the south side of Lindell Boulevard, between U.S. Highway No. 1 and Dixie Highway and repealing Ordinance No. 91-86, is before the Commis- sion for consideration on First Reading. If passed, Public Hearing will be held March 24th. The City Manager presented Ordinance No. 25-87: 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 30-12 "SC (SPECIALIZED COMMERCIAL) DISTRICT", (N) "SPECIAL REGULATIONS" BY ADDING A NEW SUBSECTION (5) TO ESTABLISH DESIGN STANDARDS AND USE RESTRICTIONS FOR NEW DEVELOPMENT AND EXPANSIONS AS WELL AS EXISTING DEVELOPMENT RELATING TO AUTOMOTIVE RENTAL AGENCIES, AUTOMOTIVE SALES, RECREATION VEHICLE SALES, TRUCK RENTAL, AND TRUCK SALES; BY AMENDING SECTION 30-18 "OFF-STREET PARKING REGULATIONS", (D) "PARKING REQUIRE- MENTS'', (4) "MISCELLANEOUS USES" BY ADDING PARKING REQUIREMENTS FOR AUTOMOTIVE SALES, AUTOMOTIVE RENTAL AGENCIES, RECREATION VEHICLE SALES, TRUCK RENTAL, AND TRUCK SALES, INCLUDING APPROVED ACCESSORY USES; BY AMENDING SECTION 30-18 "OFF-STREET PARKING REGULATIONS", (E) "SPECIAL REGULATIONS" , (1) "AUTOMOBILE DEALERSHIPS" TO DELETE (b); BY AMENDING SECTION 30-11 "GC (GENERAL COMMERCIAL) DISTRICT", (N) "SPECIAL REGULATIONS", (1) (a) TO DELETE THE WORDS "AUTOMOBILE SALES AND DISPLAY"; BY REPEALING SECTION 30-16 "SPECIAL SETBACK PROVISIONS", SUBSECTION (H) TO ESTABLISH SPECIAL LANDSCAPING REQUIRE- MENTS FOR FEDERAL HIGHWAY; BY REPEALING SECTION 30-16 "SPECIAL SETBACK PROVISIONS", SUBSECTION (K) TO ESTABLISH SPECIAL LANDSCAPING REQUIREMENTS FOR WEST ATLANTIC AVENUE; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. The Assistant City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 25-87 on First Reading, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Bird - Yes; Mr. Dougherty - No; Mrs. Horenburger - No; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 2 vote. Before roll call the following discussion was had: -11- 3/10/87 361 Mr. Weatherspoon stated that a question has been raised that the Commissioners do not listen to the people. He stated that he listens to everyone, but because he does not always agree or vote the way citizens feel he should, does not indicate he is not listening. In regard to the property value relative to this project, he has discussed this with realtors within and outside the City and their answer has been negative. They feel that unless the residential parcel directly abuts an establishment such as this, it is not affected. As far as the quality of life, he stated that regardless of what sort of establishment is approved, it will change the area. That does not necessarily convey that it will create a second class quality of life. Mrs. Horenburger stated that she would prefer to see this parcel zoned C (Commercial) as per her vote under the Land Use Designa- tion. Mayor Campbell stated that to him it is more complex than deciding on an automobile dealership. He reiterated his position to support the zoning. ~ At this point the roll was called to the motion. Mayor Campbell declared a recess, the time being 9:07 P.M. The meeting was reconvened at 9:18 P.M. 12. Mr. Bird moved for approval of the minutes of the Regular Meeting of February 10, 1987, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 13.a.1. Mr. Bird congratulated Mrs. Horenburger on her re-election and Mary McCarty, who will be replacing him. 13.a.2. Mr. Weatherspoon stated that last week he and Mayor Campbell attended the Congress of Cities in Washington, D.C.. It was similar to the Pre-legislative Congress in Tallahassee, in the sense that they set policy and priority statements which will be lobbied in behalf of all of the states at a National level. The President's budget did not include any funding for the continuation of the Community Block Grant Program and other important current programs. The League voted to have our Lobbyists lobby the legislature to have those funds re-authorized. There is a trust fund for roads, waterways, etc., with a limited amount that can be spent. Due to the fact there is more money coming in than the budget will allow to be spent, the League is requesting that the trust fund be removed from the budget in order that the funds can be utilized upon receipt. 13.a.3. Mrs. Horenburger thanked everyone for re-electing her for another term. · 13.a.4. Mr. Dougherty stated that at the February 3rd meeting, the City Manager was asked to send a notice to all dealers who are in violation reminding them of the height requirements for lights and the date by which they must comply. The City Manager stated it was given to the Code Enforcement Office and he will check to see if they have been mailed. 13.a.5. Mr. Dougherty stated that on January 20th, the Commission stated they were going to revisit the Sign Code. He requested that it be placed on the next Workshop Meeting. Mayor Campbell requested that the CAB also review this and present their recommendations to the Commission. 13.a.6. Mr. Dougherty stated there was discussion at the January 20th meeting relative to drafting a resolution or ordinance to empower the development of a City Court System and amending the Code Enforcement Board's responsibilities by making it possible for them to levy fines. Mayor Campbell stated that Kathy Daley has been meeting with someone in the City Attorney's Office relative to this and she will get back to the Commission. -12- 3/10/87 362 13.a.7. Mr. Dougherty questioned the status of the request to contact the DOT regarding beautification and also the award of contracts for beautification. The City Manager stated DOT has been contacted and they will attend the March 17th Workshop Meeting. A portion of the contract was to gain a blanket approval to allow the City to work within the State Right-of-way. A portion of the maintenance and mowing had form- erly been approved, but only in certain areas. The City Manager stated the contracts for beautification have not been awarded. They are still being negotiated with the Consultants. In response to Mr. Dougherty's question as to what the hold up was, the Assistant City Attorney stated that it was going to be on the March 17th Workshop, and to his know- ledge, there are no hang ups at this time. 13.a.8. Mr. DoUgherty stated that at the February 10th Meeting, Mr. Weatherspoon requested an Elementary School Workshop be held on March 3rd. Mayor Campbell stated he is calling a Special Meeting on Thursday at 12:15 to follow up on Frances Bourque's memorandum. If the Commis- sion is in attendance at the meeting, it can be discussed at that time. 13.b. There were no Non-Agenda Items by the City Attorney. 13.c.1. The City Manager stated that their office had received a request from AFI Productions, Inc., relative to requesting the use of the City's Beach on Thursday and Friday of this week. They are going to film a commercial on the beach for Georgia Power Company. There will be a crew of approximately 25 persons and vehicles parked in the area. They would like permission to have access for one 4-wheel drive pickup truck, one ATC bike with a trailer, lights, etc. They have provided insurance coverage and a hold harmless agreement for the Commission's approval. It is not definite as they have two sites in mind, the other being at Dania. It depends on which of the two the director chooses. He recommended the Commission approve it. Mr. Bird moved for approval, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 13.c.2. The City Manager stated a request has been received for approval of the installation of a dolphin at Lot 5, Block 4, in Rio Delray Shores. The City Engineer is recommending approval in accordance with the Code of Ordinances. It is the property of James and Marlene Johnson. Mr. Bird moved for approval of the installation of a dolphin, seconded by Mrs. Horenburger. Upon roll call the Commission voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 13.co3. The City Manager stated the report of the one-way pairs is before each Commissioner along with an updated Project Status Report. He would like them to particularly make note of the fact that all four of the City's Fire Stations will be established as Safe Harbors. 13.d.1. Alice Finst, 707 Place Tavant, stated that she would like to thank Mr. Bird publicly for helping to acquire a Senior Fitness Trail for Barwick Park from the Delray Beach Community Hospital and Pinecrest Rehabilitation Hospital. She read a letter from the marketing director inviting Commission members and the community to visit Barwick Park on March 27th at 10:00 A.M. when the dedication and a demonstration of proper use of the trail will be presented. Mrs. Finst requested that the Commission either pass a resolu- tion or proclamation thanking the hospital for this contribution. Mayor Campbell suggested she contact the City Clerk and supply her with the necessary information. Mr. Bird stated that he would like to thank Mrs. Finst for having spent a lot of time participating with the hospital and the rehabilitation center in selecting the equipment. -13- 3/10/87 363 13.d.2. Michael Meng, Chairman of the Planning Committee of the Boca- Delray Relay Marathon, requested that the City provide financial support of $5,000 to the marathon. He feels support and participation in this race compliments the City's reputation as committed to the health of its citizenry. Delray's contribution will help maintain the quality of the event which will help to make it available in future years. The event is scheduled for March 21, 1987. Mayor Campbell stated there is a time element involved, as the Commission cannot allocate money unless a vote is taken. It is the practice of the Commission not to take a vote until public notice is given and discussion has taken place. He then questioned the Commission if they wanted to consider the request. Mr. Weatherspoon stated he felt the funds should be obtained through entry fees by the participants. He would not be in favor of it. Mrs. Horenburger stated there were many and varied needs in the City and unless there are funds available through the Park and Recrea- tion Department, she does not feel the people of Delray, empowering the Commission with dispensation of their tax dollars, had projects like this in mind. She suggested looking for some sponsorship in the busi- ness community. She was not in favor. Mayor Campbell stated that Mr. Bird has a similar opinion so the majority of the Commission has a consensus at this time not to look at any funding. CONSENT AGENDA The following items were considered by the Commission as the Consent Agenda: 14. Requisition No. 17 - S.G. Phillips Constructors of Florida, Inc. The Commission is to consider authorizing payment of Requisition No. 17, in the amount of $46,463.88 for Regional Wastewater Plant Expansion. Approval is recommended. 15. Final Plat Approval - Delray Park of Commerce (Tract M). The Commission is to consider a request for final plat approval for a replat of Delray Park of Commerce (Tract M), a proposed 95,040 square foot office development, located at the southeast corner of Congress Avenue and Park of Commerce Boulevard. The Planning and Zoning Board and Acting Planning Director recommend approval, subject to the following conditions: Technical and Code Requirements (1) Must be tied into a Section Corner. (2) Need plans showing existing and proposed drainage and paving. (3) Why was the north dimension of the retention/detention area reduced from 165 feet to 153 feet? Reduction of retention/- detention area must be approved by S.F.W.M.D. (4) Record Declaration of Easements, Covenants and Restrictions. (5) Plat boundary lines do not correspond to the phase lines shown on the site plan. Revise accordingly. (6) Revise paving and drainage plan to show five (5) foot sidewalk in order to correspond to the five (5) foot sidewalk easement shown on the plat. (7) Required landscape strip adjacent to south tract line conflicts with utility easement. Site water and sewer plan does not specify which utilities are occupying easement; please clarify. A letter must be obtained from all concerned utilities that they will permit plantings in the easement, or the easements will have to be relocated. (8) The ten (10) foot utility easement around the north and east perimeters conflicts with the required five (5) foot wide landscape strip. Must obtain letter from utilities stating they will permit plantings within the easement. 16. Change Order No. 1 - Northwest Drainage Pro~ect. The Commis- sion is to consider approval of CO No. 1, in the amount of $13,417.70 -14- 3/10/87 364 from A.O.B. Underground, Inc., to install exfiltration trench in street pavement of N.W. 6th Avenue, N.W. 7th Avenue, and N.W. 9th Avenue rather than in swale areas to avoid conflicts with existing utilities. Current contract price, including this CO, is $194,459.49. $9,960.47 is to come from Community Development and $3,457.23 from 1986/87 Resurfacing Project. Approval is recommended. 17. ~gquest for Solicitation of Funds - Delra~ Beach National Little League. The Commission is to consider approval of solicitation for April 11, 1987. Approval is recommended. 18. Acceptance of Easement Deed - Lots 28 and 2~, Tropic Isle (lst Section). The Commission is to consider acceptance of easement deed granting a replacement easement for drainage purposes, subject to the abandonment of an existing drainage easement within Tropic Isle (lst Section). Approval is recommended. 19. Easement Abandonment - Lots 29 and 30, Tropic Isle (lst Sec- tion). Resolution No. 9-87, abandoning a 10-foot drainage easement, located on the cul-de-sac at the east end of Eve Street containing 1,358 square feet, is before the Commission for consideration. The caption of Resolution No. 9-87 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A 10 FOOT DRAIN- AGE EASEMENT, BEING THE SOUTH 5 FEET OF LOT 29 AND THE NORTH 5 FEET OF LOT 30, TROPIC ISLE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 24, PAGE 235 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. (Copy of Resolution No. 9-87 is on file in the official Resolu- tion Book) Mr. Bird moved to approve the Consent Agenda, seconded by Mrs. Horenburger. Upon roll call the Commission voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. REGULAR AGENDA 20. Conditional Use and Site Plan Approval - Bethel Evangelical Church Addition. The Commission is to consider a request for condition- al use and site plan approval to allow a 4,525 square foot addition to the existing facility, for a total floor area of 6,325 square feet. The property is located at the northeast corner of S.W. 8th Avenue and S.W. 8th Court. The Planning and Zoning Board and Acting Planning Director recommend approval, subject to the following conditions: Technical ..and Code Requirements (1) A Unity of Title will be required in order to bind the lots into one building site. (2) More detail required on conceptual drainage. (3) Show adjacent and opposing roadways and driveways within 125 feet of subject property; include right-of-way widths and pavement widths. (4) Survey should include complete topo. (5) All trees shall have a six (6) foot spread. (6) Provide detail of all foundation plantings, with some emphasis on the east side. of the church. (7) Hedge should be placed along the north property line; relocate northwards. (8) Additional trees to be added within the center landscape strip south of the building and that additional perimeter trees be provided in order to compensate for the deficiency of interior trees. (9) The landscape strip separating abutting tiers of parking is required to be a minimum of five (5) feet in width; only four (4) feet has been provided. Procedural Requirements -15- 3/10/87 365 (10) Ail improvements shall be completed in accordance with the approved site plan. (11) This approval will expire within eighteen (18) months unless at least twenty-five percent (25%) of the total cost of improve- ments are made by that time. If the approval expires, a request for an extension must be made in accordance with Sections 30-21(E) and 30-22(E) of the Zoning Code. (12) The approval will expire unless three (3) copies of the revised plans addressing all of the conditions noted above are submit- ted to the Planning Department within thirty (30) days of the City Commission's approval. Mrs. Horenburger moved for conditional use and site plan approval subject to conditions, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 21. Conditional Use and Site Plan Approval Extension - The Corn- i'che. The Commission is to consider a request for an extension of the approved conditional use and site plan for The Corniche, a 7,714 square foot commercial bank and office building with drive-in banking facili- ties located on the east side of Federal Highway, between Linton Boule- vard and S.E. 10th Street. The current approval expires on March 10, 1987. Planning and Zoning Board and Acting Planning Director recommend a nine month extension of the conditional use and site plan to December 10, 1987. Mrs. Horenburger moved for approval of a nine month extension, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 22. Appeal to Decision of Community ~ppearance Board - American Dental Center. The Commission is to consider an appeal to the decision of CAB on January 28th, relative to installation of heart shaped logo. Mr. Bird moved to sustain the action of the CAB, seconded by Mrs. Horenburger. Upon roll call the Commission voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weather- spoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 23. Appeal to Decision of Community Appearance Board - Chain Link Fence. The Commission is to consider an appeal to the decision of the CAB on February llth, relative to a barbed wire fence. Mr. Bird moved to sustain the action of the CAB, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Bird - Yes; Mr. Dougherty - No; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - No. Said motion passed with a 3 to 2 vote. Before roll call the following discussion was had: Virgil Norris, Sherwood Boulevard, stated he is asking the Commission to reconsider his request to install barbed wire on top of his six-foot fence enclosing the apartments between First Street and S.W. 2nd Avenue. He stated the property is zoned Commercial, which indicates barbed wire is permissible. Alice Finst stated the CAB denied the fence because they felt barbed wire was inappropriate surrounding a residential area. Mr. Weatherspoon suggested he first install a fence without the barbed wire to see if he would continue to have problems with break-ins. At this time the roll was called to the motion. 24. Final Plat - Bill Wallace Nissan. The Commission is to consid- er a request for final plat approval for Bill Wallace Nissan, an ap- proved automobile dealership, located at the northeast corner of -16- 3/10/87 366 Germantown Road and Linton Boulevard. The property is zoned SC (Spe- cialized Commercial) and contains 4.02 acres. The Planning and Zoning Board and Acting Planning Director recommend approval, subject to the following conditions: 1. Deeds for the realignment of Germantown Road must be accepted and recorded prior to recordation of the final plat. 2. At the time of C.O., a contribution shall be made to the City for beautification of Linton Boulevard. Such contribution shall defray the cost of irrigating and landscaping the median in accordance with plans developed by the City. Such payment shall not exceed $10.00 per front foot and shall be applied in accordance with an ordinance to be adopted by the City which the applicant understands and agrees will be applicable to this pro- ject. Mr. Bird moved for approval, subject to both conditions, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 25. Waiver of Plat - pelray Mall. The Commission is to consider a request for waiver of plat prior to issuance of a building permit for the Delray Mall expansion. Technical -Review Committee recommends denial. If approval is given, the following recommendations are recom- mended: 1. That no certificate of occupancy be issued until the final plat has been approved by the City Commission and recorded in the public records. 2. A bond be posted in the amount of the cost of the off-site improvements at the time the building permit is issued. Mr. Bird moved for approval of the waiver of the plat subject to withholding the CO until the platting requirement is satisfied and to the restrictions of the Technical Review Committee, as enumerated in the March 10th memo, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 26. Increase in Bulk Trash Collection Rate. The Commission is to consider a request from Waste Management of Palm Beach for an increase in the rate of bulk trash collection to $9.22 per cubic yard. Approval is recommended. Mayor Campbell left the Commission Chambers before roll call and Vice-Mayor Weatherspoon took the chair. (Mr. Weatherspoon had seconded the motion prior to taking the chair). Mr. Bird moved for approval, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Vice-Mayor Weatherspoon - Yes. Said motion passed with a 4 to 0 vote. Before roll call the following discussion was had: Vice-Mayor Weatherspoon stated tnat in lieu of the fact the current contract is due to expire in June, he didn't understand the purpose of increasing it at this late date. Dave Huddleston stated a special bulk pickup applies to custom- ers who call in requesting a piCkup. The original contract set the fee at $5.00. Each year they could have increased that, based upon CPI and collection dumping fees. That has not been requested until this year and the $9.22 is based on an accumulation of those years. At this time the roll was called to the motion. -17- 3/10/87 367 Mayor Campbell returned to the Commission chambers at this time. 27. Trucks - Parks & Recreation Department. The Commission is to ~onsider an award of contract to Bill Wallace Ford, because of warranty services and general service facilities, for one 1/2-ton cargo van, one one-ton contractor dump body and two 3/4-ton cab and chassis, for a total cost of $30,591.80, with funds to come from the 1986/87 budget. Approval is recommended. Mr. Bird moved for approval, seconded by Mrs Horenburger. Upon roll call the Commission voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had: The City Manager stated he would be bringing an issue back to the Commission relative to $51,986 worth of vehicles including three f~r the Fire Department and one for Public Works, which did not get sched- uled on this agenda. Upon question by Mr. Dougherty as to whether the specifications allowed were for awarding contracts individually or for a total package, the City Manager stated the contract was for individual bids. The garage superintendent is attempting to initiate a program standardizing the fleet and eventually working into a position where the garage will own the City vehicles and issue them to the various departments. Mr. Savage has recommended that the City keep the awarding of contracts local, which also indicates that future contracts may be more package bids than individual. There have been problems arising when the City has not been able to get servicing and, cost wise, it is felt more will be saved by using this method. Mr. Dougherty questioned the fact that the City would not then be complying by using the lowest bid. The City Manager stated the bids are not laid out specifying that the lowest bidder always gets the contract. The Assistant City Attorney stated that generally the lowest competent bidder is chosen. In this situation the City Attorney's Office does not find a problem of going with Bill Wallace Ford or choosing the individual bidder. The City Manager stated that all the bid packages provide that the Commission has the right to waive any and all irregularities. Mr. Dougherty stated that as a result of this the City will' find that there will be fewer bidders as time goes by. He also felt it was contrary to law. The City Manager stated that life cycle costing is now becoming the trend and, in some states, the law. That is not being used here now, but he feels that is the direction in which the City is heading. Mr. Dougherty questioned the total amount as listed on the agenda. The figures were added again and the amount was corrected to read $39,722.60. The City Manager stated that, by using the new proce- dure, it was still saving the City $23,000. At this ~ime the roll was called to the motion. 28. Appointment - Civil Service Board. The Commission is to consider the appointment of an alternate member to the Civil Service Board to a term ending July 1, 1987. Mayor Campbell stated that since there was no name before the Commission, it was his suggestion they pass over this item. The Commis- sion concurred. -18- 3/10/87 368 29. Appointments - Board of Construction Appeals. The Commission is to consider the appointment of an air-conditioning contractor, real estate broker and engineer to the Board of Construction Appeals to terms ending January 8, 1989. Mrs. Horenburger moved to appoint H. Dean Ellis, as the Air- Conditioning Contractor and to reappoint John Henderson as General Contractor, seconded by Mr. Bird. Upon roll call the Commission voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Mrs. Horenburger requested that Staff send letters to the Board of Realtors and ask if there is a member on their Board that would be interested in serving. Mayor Campbell stated it would be taken under advisement. 30. Appointments - Delra¥ Beach Human Relations Committee. The Commission is to consider the appointment of three Commission appointe~s to terms ending March 15, 1989. The Commission is to consider ratifying two Nacirema appointees to terms ending March 15, 1989: Tommie Stevens Nadine Hart Mr. Bird moved for~the ratification of the two Nacirema ap- pointees, seconded by Mrs. Horenburger. Upon roll call the Commission voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 31. Appointments - Board of Adjustment. The Commission is to consider the appointment of Robin Smith as a regular member of the Board of Adjustment to a term ending March 15, 1990, the reappointment of Sam Portnay as a regular member to a term ending March 15, 1990, and the appointment of two alternate members to terms ending March 15, 1988 and March 15, 1989. Mrs. Horenburger moved to appoint Robin Smith as a regular member, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Mrs. Horenburger moved to reappoint Sam Portnay, seconded by Mr. Bird. Upon roll call the Commission voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Mr. Bird moved to appoint David B. Klarer as an alternate, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 32. Appointment - PERC. The Commission is to consider the reap- pointment of Joel Smith to PERC to a term ending March 13, 1991. Mr. Bird moved to approve the reappointment of Joel Smith, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 33. Water Service Agreement - Highland Trailer Park. The Commis- sion is to consider authorizing the execution of the Highland Trailer Park water service agreements. Mr. Weatherspoon moved for approval, seconded by Mrs. Horen- burger. Upon roll call the Commission voted as follows: Mr. Bird - Yes; -19- 3/10/87 369 Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Mr. Bird left the Commission Chambers at this time. 35. Ordinance No. 26-87 - South County Mental Health Center Annexa- tion. Ordinance No. 26-87, relative to annexing a 5.07 acre parcel subject to MOI (Medical Office and Institutional) District, located on the east side of Military Trail, approximately 700 feet south of Linton Boulevard, is before the Commission for consideration on First Reading. This annexation is being accomplished by virtue of a water service agreement executed on June 18, 1981. If passed, Public Hearing will be held April 14, 1987. The City Manager presented Ordinance No. 26-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH THAT PART OF THE NORTH HALF (N 1/2) OF THE SOUTH HALF (S 1/2) . OF THE NORTHWEST QUARTER (NW 1/4) OF THE NORTHWEST QUARTER (NW 1/4) OF SECTION 25, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY. SAID LAND IS LOCATED ON THE EAST SIDE OF MILITARY TRAIL, APPROXIMATELY 700 FEET SOUTH OF LINTON BOULEVARD; REDE- FINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO MOI (MEDICAL OFFICE & INSTITUTIONAL) DISTRICT; PROVIDING AN EFFECTIVE DATE. The Assistant City Attorney read the caption of the ordinance. Mr. Weatherspoon moved for the adoption of Ordinance No. 26-87 on First Reading, seconded by Mrs. Horenburger. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Mr. Bird returned to the Commission Chambers at this time. 36. Ordinance No. 27-87 - Amending Zoning Code - Special Regula- tions for Automobile Dealerships and Related Uses. Ordinance No. 27-87, amending Chapter 30 "Zoning" of the Code of Ordinances relative to establishing special regulations for automobile dealerships and related uses is before the Commission for consideration on First Reading. If passed, Public Hearing will be held March 24, 1987. The City Manager presented Ordinance No. 27-87: 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 30-12 "SC (SPECIALIZED COMMERCIAL) DISTRICT", (N) "SPECIAL REGULATIONS" BY ADDING A NEW SUBSECTION (5) TO ESTABLISH DESIGN STANDARDS AND USE RESTRICTIONS FOR NEW DEVELOPMENT AND EXPANSIONS AS WELL AS EXISTING DEVELOPMENT RELATING TO AUTOMOTIVE RENTAL AGENCIES, AUTOMOTIVE SALES, RECREATION VEHICLE SALES, TRUCK RENTAL, AND TRUCK SALES; BY AMENDING SECTION 30-18 "OFF-STREET PARKING REGULATIONS", (D) "PARKING REQUIRE- MENTS", (4) "MISCELLANEOUS USES" BY ADDING PARKING REQUIREMENTS FOR AUTOMOtiVE SALES, AUTOMOTIVE RENTAL AGENCIES, RECREATION VEHICLE SALES, TRUCK RENTAL, AND TRUCK SALES, INCLUDING APPROVED ACCESSORY USES; BY AMENDING SECTION 30-18 "OFF-STREET PARKING REGULATIONS", (E) "SPECIAL REGULATIONS", (1) "AUTOMOBILE DEALERSHIPS" TO DELETE (b); BY AMENDING SECTION 30-11 "GC (GENERAL COMMERCIAL) DISTRICT", (N) "SPECIAL REGULATIONS", (1) (a) TO DELETE THE WORDS "AUTOMOBILE SALES AND DISPLAY"; BY REPEALING SECTION 30-16 "SPECIAL SETBACK PROVISIONS", SUBSECTION (H) TO ESTABLISH SPECIAL LANDSCAPING RE- QUIREMENTS FOR FEDERAL HIGHWAY; BY REPEALING SECTION -20- 3/10/87 370 30-16 "SPECIAL SETBACK PROVISIONS", SUBSECTION (K) TO ESTABLISH SPECIAL LANDSCAPING REQUIREMENTS FOR WEST ATLANTIC AVENUE; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. The Assistant City Attorney read the caption of the ordinance. Mrs. Horenburger moved that this item be moved to the next workshop and then to the next regular meeting, seconded by Mr. Dough- erty. Upon roll call the Commission voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Mrs. Horenburger left the Commission Chambers at this time. 37. Ordinance No. 28-87 - Amending Zonin~ Code - Boat Sales in the Specialized Commercial District. Ordinance No. 28-87, amending Chapter 30 "Zoning" of the Code of Ordinances to remove boat sales from the permitted category in the SC (Specialized Commercial) District and a~d it to the conditional use category, and provide for an outdoor display of boats, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held March 24, 1987. The City Manager presented Ordinance No. 28-87: 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 30-12 "SC (SPECIALIZED COMMERCIAL) DISTRICT", (B) "PERMITTED USES" BY DELETING AS A PER- MITTED USE "BOAT SALES"; BY AMENDING SECTION 30-12 "SC (SPECIALIZED COMMERCIAL) DISTRICT", (C) "CONDITIONAL USES" BY ADDING AS A CONDITIONAL USE "BOAT SALES "; BY AMENDING SECTION 30-12 "SC (SPECIALIZED COMMERCIAL) DISTRICT", (N) "SPECIAL REGULATIONS" (1) (a) TO DELETE THE WORD "BOATS"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The Assistant City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 28-87 on First Reading, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Mrs. Horenburger returned to the Commission Chambers at this time. 38. Ordinance No. 29-87 - Amendin~ Zonin~ Code - Proposed Residen- tial Uses in Commercial Zoning Districts. Ordinance No. 29-87, amending Chapter 30 "Zoning" of the Code of Ordinances to permit single family residences in certain commercial zoning districts, is before the Commis- sion for consideration on First Reading. If passed, Public Hearing will be held March 24, 1987. The City Manager presented Ordinance No. 29-87: 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 30-11, "GC GENERAL COMMERCIAL DIS- TRICT'' SUBSECTION (B), "PERMITTED USES", BY DELETING , SUB-SUBSECTION (11); BY AMENDING SECTION 30-12, "SC SPECIALIZED COMMERCIAL DISTRICT", SUBSECTION (B) , "PER- MITTED USES", BY DELETING SUB-SUBSECTION (11); BY AMEND- ING SECTION 30-13, "CBD CENTRAL BUSINESS DISTRICT", SUBSECTION (B), "PERMITTED USES", BY DELETING SUB-SUB- SECTION (11); BY AMENDING SECTION 30-13.1, "LC LIMITED COMMERCIAL DISTRICT", SUBSECTION (B), "PERMITTED USES", BY DELETING SUB-SUBSECTION (8), TO ELIMINATE BOARDING AND ROOMING HOUSES AS PERMITTED USES IN EACH OF THE ABOVE 371 COMMERCIAL DISTRICTS; BY AMENDING SECTION 30-11, "GC GENERAL COMMERCIAL DISTRICT" , SUBSECTION (C) , "CONDI- TIONAL USES", BY DELETING SUB-SUBSECTION (16); BY AMEND- ING SECTION 30-12, "SC SPECIALIZED COMMERCIAL DISTRICT", SUBSECTION (C), "CONDITIONAL USES", BY DELETING SUB-SUB- SECTION (22); BY AMENDING SECTION 30-13, "CBD CENTRAL BUSINESS DISTRICT", SUBSECTION (C), "CONDITIONAL USES", BY DELETING SUB-SUBSECTION (12); BY AMENDING SECTION 30-13.1, "LC LIMITED COMMERCIAL ~DISTRICT", SUBSECTION (C),"CONDITIONAL USES", TO DELETE SUB-SUBSECTION (9), TO ELIMINATE MULTIPLE FAMILY PROJECTS AND THEIR ATTENDANT RECREATIONAL FACILITIES AS CONDITIONAL USES IN THE GC, SC, CBD AND LC ZONING DISTRICTS; BY AMENDING SECTION 30-11, "GC GENERAL COMMERCIAL DISTRICT", SUBSECTION (B), "PERMITTED USES", SUB-SUBSECTION (75); BY AMENDING SECTION 30-12, "SC SPECIALIZED COMMERCIAL DISTRICT", SUBSECTION (B), "PERMITTED USES", SUB-SUBSECTION (79); BY AMENDING SECTION 30-13.1, "LC LIMITED COMMERCIAL DIS- TRICT". SUBSECTION (B), "PERMITTED USES", SUB-SUBSECTION ~ (49), TO ELIMINATE THE REQUIREMENT THAT SINGLE FAMILY RESIDENCES BE OCCUPIED BY THE OWNERS OF THE BUSINESS FOR THE GC, SC AND LC ZONING DISTRICTS; BY AMENDING SECTION 30-13, "CBD CENTRAL BUSINESS DISTRICT", SUBSECTION (B), "PERMITTED USES", BY ADDING A NEW SUB-SUBSECTION (81), PERMITTING MULTIPLE FAMILY PROJECTS OR DWELLING UNITS AND SETTING FORTH LIMITATIONS THEREON; BY AMENDING SECTION 30-11, "GC GENERAL COMMERCIAL DISTRICT", SUBSECTION (B), "PERMITTED USES", BY ADDING A NEW SUB-SUBSECTION (85); BY AMENDING SECTION 30-12, "SC SPECIALIZED COMMERCIAL DISTRICT", SUBSECTION (B), "PERMITTED USES", BY ADDING A NEW SUB-SUBSECTION (89); BY AMENDING SECTION 30-13, "CBD CENTRAL BUSINESS DISTRICT", SUBSECTION (B), "PERMITTED USES", BY ADDING A NEW SUB-SUBSECTION (82); BY AMENDING SECTION 30-13.1, "LC LIMITED COMMERCIAL DISTRICT", SUBSECTION (B), "PERMITTED USES", BY ADDING A NEW SUB- SUBSECTION (58), PERMITTING MULTIPLE FAMILY PROJECTS OR DWELLING UNITS IN CONJUNCTION WITH COMMERCIAL PURPOSES CONSISTENT WITH THE ZONING DISTRICT AND SETTING FORTH LIMITATIONS THEREON; BY AMENDING SECTION 30-11, "GC GENERAL COMMERCIAL DISTRICT", SUBSECTION (C), "CONDI- TIONAL USES", BY ADDING A NEW SUB-SUBSECTION (25); BY AMENDING SECTION 30-12, "SC SPECIALIZED COMMERCIAL DISTRICT", SUBSECTION (C), "CONDITIONAL USES", BY ADDING A NEW SUB-SUBSECTION (35), BY AMENDING SECTION 30-13, "CBD CENTRAL BUSINESS DISTRICT", SUBSECTION (C), "CONDI- TIONAL USES", BY ADDING A NEW SUB-SUBSECTION (19); BY AMENDING SECTION 30-13.1, "LC LIMITED COMMERCIAL DIS- TRICT'', SUBSECTION (C), "CONDITIONAL USES", BY ADDING A NEW SUB-SUBSECTION (13), PERMITTING MULTIPLE FAMILY PROJECTS OR DWELLING UNITS AS CONDITIONAL USES IN THE GC, SC, CBD AND LC ZONING DISTRICTS AND SETTING FORTH LIMI- TATIONS THEREON; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The Assistant City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 29-87 on First Reading, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 39. Marina Delra~. Mayor Campbell stated there is one final item. It came to the attention of the City that while negotiations were being held regarding Marina Delray, the Commission had entered into an agree- ment whereby the time was tolled regarding the current running of the statute with regard to the 180 day period. He questioned if the Com- mission wanted to consider allowing the time period to commence again. Mrs. Horenburger moved for the time period to begin running again, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger -22- 3/10/87 372 - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had: Mayor Campbell stated that the 180 day period for a non- conforming use expiration time will commence again. Mr. Dougherty stated he understands the receiver is going to reopen the establishment, so this will act as an encouragement to them with the Commission's action tonight. Mr. Bird stated the tolling will start from the point where it was stopped by the Commission's action. The Assistant City Attorney said it was approximately 114 days, leaving a total of 66 days. At the end of this time they must be prepared to open. Mr. Kevin Beuttenmuller, representing the receiver, stated that, by necessity, they will need to reopen. The property is in foreclosure and if there are alternate uses that can be considered fHr the property, it is appropriate to allow the tolling period to continue. Southeast Bank, who will be the probable new owner of the property, will address any options of the Commission and avoid forcing the receiver and Southeast Bank into a position of having to open the establishment as its former use. At this point the roll was called to the motion. Mr. Bird stated he had discussed his forthcoming comment with the City Attorney and he advised this was the appropriate time and place. Some time ago a lawsuit was entered into and, at the time, he voted to support the Commission's action. It was his understanding that by joining into the suit it might, through judicial means, obtain access to information that had been denied to the Commission by the Department of Revenue in Tallahassee. After reviewing the litigation with his attorneys, the conclusion is that the one lawsuit which he is on the prevailing side of having initiated has no likelihood of success. Therefore, he is making a motion to ask for reconsideration of that decision at which time it is his intention to vote no. His reasoning is that he feels the City has yet to find a citizen that can come forward and prove the last three or four days of the last 181 days. Even if they do, the problem still exists that the City issued building permits to enhance the property for the purpose of serving food and beverage to the general public and those permits amounted to some half million dollars. While that may not make a perfect gestapo argument, he feels it would weigh heavily. If it were not to prevail, there is every likelihood that equity would suggest the City should bear that cost and not the current property owner. He stated he feels the subsequent action of allowing the operation, which was allowed by this City, subsequent to the period in question, and subsequent to those improve- ments, is going to make it very difficult for the City to make a per- suasive case. Mr. Bird moved for a reconsideration of the lawsuit which the City initiated to enforce the closing of the property. Said motion died for lack of a second. Mayor Campbell stated that since the Commission has a new policy and votes are not considered without proper notice to the public, he asked to defer action. If the Commission concurs, it can be done with appropriate public notice next Tuesday by Special Meeting. The Commission concurred. Mayor Campbell declared the meeting adjourned at 10:40 P.M. ~ty Clerk -23- 3/10/87 373 ATTEST: MAYOR 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 March 10, 1987, which minutes were formally approved and adopted by the City Commission on~,~,~ /.~.,/~ . 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. -2%- 3/10/87