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03-24-87 MARCH 24, 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 24, 1987. 1. Roll call showed: Present - Commissioner Malcolm T. Bird (Arrived 7:05 P.M.) 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 City Attorney Herbert W.A. Thiele. 2. The opening prayer was delivered by Dr. William Echols, Cason United Methodist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4.a. Mayor Campbell presented a proclamation proclaiming April 9, 1987, as "Women Entrepreneurs: Partners with Government and Industry Today Day". 4.'b. Mayor Campbell presented a proclamation proclaiming April 11-18, 1987, as "National Community Development Week". 4.c. Mayor Campbell presented a proclamation recognizing Pinecrest Hospital for the donation of a Senior Walking System for Barwick Park. 4.d. Mayor Campbell presented a proclamation recognizing Delray Community Hospital for the donation of a Senior Walking System for Barwick Park. 5. Mrs. Horenburger requested that Items 32, 36 and 43 be moved to become the first items on the Regular Agenda. Mayor Campbell stated it may be appropriate to place Item 32 after Item 11. Mrs. Horenburger also requested that Item 29 be deleted. Mrs. Horenburger moved to approve the agenda with Item 32 to follow Item 11, Items 36 and 43 to become the first items on the Regular Agenda and that Item 29 be deleted, 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. PUBLIC HEARING 6. Ordinance No. 19-87 - Courthouse Property Rezoning. Ordinance No. 19-87, relative to a City-initiated proposal to rezone two parcels of land for the new County Courthouse site - Parcel I, consisting of 4.05 acres and Parcel II, consisting of 1.86 acres - from GC (General Commercial) District, in part, and RM-6 (Multiple Family) District, in part, to CF (Community Facilities) District, located on the south side of Atlantic Avenue, between S.W. 2nd Avenue and S.W. 3rd 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. 19-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONINGAND PLACING LAND PRESENTLY ZONED GC (GENERAL COMMERCIAL) DISTRICT, IN PART, AND RM-6 (MULTIPLE FAMILY DWELLING) DISTRICT, IN PART, TO CF (COMMUNITY FACILITIES) DISTRICT ALL OF BLOCK 45, RE- SUBDIVISION OF BLOCK 45, DELRAY, PALM BEACH COUNTY, FLA., PLAT BOOK 4, PAGE 54, LESS THE NORTH 20 FEET OF LOTS 6, 7, 8, 9 AND 10, ACCORDING TO THE PLAT OF RE-SUBDIVISION OF BLOCK 45, DELRAY BEACH, AS RECORDED IN PLAT BOOK 4, AT PAGE 54, IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, IN SECTION 17, TOWNSHIP 46 SOUTH, RANGE 43 EAST, AND THAT PART OF SAID LOT 10 WHICH IS INCLUDED IN THE EXTERNAL AREA FORMED BY A 25 FOOT RADIUS ARC WHICH IS TANGENT TO A LINE 20 FEET SOUTH OF AND PARALLEL TO THE NORTH LINE OF SAID LOT 10, AND TANGENT TO THE EAST LINE OF SAID LOT 10; THE NORTH 20 FEET OF LOTS 1, 2, 3, 4 AND 5, ACCORDING TO THE PLAT OF RE-SUBDIVISION OF BLOCK 45, DELRAY BEACH, AS RECORDED IN PLAT BOOK 4, AT PAGE 54 IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, IN SECTION 17, TOWNSHIP 46 SOUTH, RANGE 43 EAST AND THAT PART OF SAID LOT 1 WHICH IS INCLUDED IN THE EXTERNAL AREA FORMED BY A 25 FOOT RADIUS ARC, WHICH IS TANGENT TO A LINE 20 FEET SOUTH OF AND PARALLEL TO THE NORTH LINE OF SAID LOT 1 AND TANGENT TO THE WEST LINE OF SAID LOT 1; AND CERTAIN PLATTED RIGHTS-OF-WAY ADJACENT THERETO WHICH ARE TO SUBSEQUENTLY BE ABANDONED; AND, LOTS 1, 2, 3, 4, 9, 10, 11 AND 12, BLOCK 46, PLAT OF TOWN OF LINTON, PLAT BOOK 1, PAGE 3, TOGETHER WITH THAT PORTION OF 16 FOOT ALLEY, LYING ADJACENT TO AND BETWEEN THE EAST LINE OF LOTS 1, 2, 3, AND 4, AND THE WEST LINE OF LOTS 9, 10, 11 AND 12, BLOCK 46, AS SHOWN ON PLAT OF ORIGINAL TOWN OF LINTON, AS RECORDED IN PLAT BOOK 1, PAGE 3, SHEET 2 OF 2 SHEETS, PALM BEACH COUNTY, FLORIDA, PUBLIC RECORDS. SAID LAND IS LOCATED ON THE SOUTH SIDE OF ATLANTIC AVENUE, BETWEEN S.W. 2ND AVENUE AND S.W. 3RD AVENUE, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983". (Copy of Ordinance No. 19-87 is on file in the official Ordi- nance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Bird moved for the adoption of Ordinance No. 19-87 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. 7. Ordinance No. 20-87 - Weir Annexation. Ordinance No. 20-87, ~elative to annexing a 10 acre parcel, subject to the PCC (Planned Commerce Center) District, located on the east side of Germantown Road, between Queens Avenue and Georgia Street, if extended eastward, 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. 20-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH THAT PART OF THE WEST HALF OF LOT 31 LYING EAST OF GERMANTOWN ROAD AND THAT PART OF THE EAST HALF OF LOT 23 LYING EAST OF GERMANTOWN ROAD, SUBDIVISION OF SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1 AT PAGE 4 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 GERMANTOWN ROAD, BETWEEN QUEENS AVENUE AND GEORGIA STREET, IF EXTENDED EASTWARD; 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 PCC (PLANNED COMMERCE CENTER) DISTRICT; PROVIDING AN EFFECTIVE DATE. -2- 3/24/87 (Copy of Ordinance No. 20-87 is on file in the official Ordi- nance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Bird moved for the adoption of Ordinance No. 20-87 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. 8. Ordinance No. 21-87 - Kilpatrick Annexation. Ordinance No. 21-87, relative to annexing a 0.85 acre parcel, subject to R-1AA (Single Family Dwelling) District, located on the west side of Lake Drive, at the west end of N.W. 18th Street, is before the Commission for consider- ation 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. 21-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOT 5, SECOND ADDITION TO HIGH ACRES, 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 23 AT PAGE 37, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY. SAID LAND IS LOCATED ON THE WEST SIDE OF LAKE DRIVE, AT THE WEST END OF N.W. 18TH 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 AN EFFECTIVE DATE. (Copy of Ordinance No. 21-87 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. Mrs. Horenburger moved for the adoption of Ordinance No. 21-87 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. 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 zoning districts, 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. 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. -3- 3/24/87 (Copy of Ordinance No. 22-87 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 City Attorney advised that the Commission has been fur- nished the correct version of the ordinance. Bob Chapin stated he thought this matter was resolved two weeks ago and it was the consensus of the Commission that they wished to proceed with the ordinance but allow the owner and the three lessees to remain there until the last lease expired on October 31, 1989. One of the leases expires in 1987, two in 1988 and one in 1989. He feels it would be very unfair and impartial to evict the family whose lease expires in 1987 and not the others. He would ask that the Commission pass this ordinance uniformly. The public hearing was closed. Mr. Bird moved for the adoption of Ordinance No. 22-87 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 - No; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. Before roll call the following discussion was had: The City Attorney advised that the ordinance which was fur- nished the Commission tonight has effective date language in it which would require each of the live-aboards who violate the ordinance to leave as their leases expired. Mr. Chapin is proposing that all the people stay until November 1989, no matter how soon their leases expire. Mr. Bird stated his understanding of the discussion when this was first brought up was that they should not, in any way, violate the leases as they existed. He finds that request and the language con- tained in the ordinance to be consistent. Mrs. Horenburger questioned what kind of difficulty it would present if they were to consider Mr. Chapin's proposal. Mayor Campbell stated it is his understanding that the reason they were giving the grant was to honor the leases. Mr. Dougherty stated he feels there are three options; they can either terminate all the leases as of the earliest date, strike a mean of all the leases, or take the longest date. His understanding of previous discussions was that the leases would terminate as they came up. Mr. Bird stated he is not sure how much longer he is prepared to have City land used to make someone $350 per slip per month. He agrees with Mr. Chapin's request that they should allow the contracts to come to their logical end; however, he does not agree that they should extend them on the basis of some kind of fairness. At this point the roll was called to the motion. 10. Ordinance No. 24-87 - Chan~i~g 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 Second Reading and Second Public Hearing. 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. 24-87: -4- 3/24/87 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. (Copy of Ordinance No. 24-87 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. Sam Schwimer, Pines of Delray, stated that a change to the land use plan would leave the site open for the establishment of an auto dealership. The Land Use Plan Committee recommended that there should be no more auto dealerships in Delray Beach. Delray Beach is considered a haven for dealers from all over the south of Florida and he objects to this. Rosetta Rolle, President of the Delray Beach Voters League, stated that the Voters League would like to see light industry in the City so that there is some sort of employment for the youths. The public hearing was closed. Mr. Bird moved for the adoption of Ordinance No. 24-87 on Second and FINAL 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 that she is not in favor of this parcel being kept residential, she is in favor of it becoming commercial. However, commercial can mean many things, not just auto dealerships, and her vote has nothing to do with dealerships. Mr. Dougherty stated he has in front of him three versions of the notice of change of the land use and there are inconsistencies in each one. He pointed out the differences in each one. He stated that he feels the entire notification is defect and, therefore, subject to challenge. He feels it would be appropriate to reconsider the whole issue and do everything properly. Upon question by Mr. Bird, the City Attorney advised that he agrees with Mr. Dougherty that there are differences between the adver- tisement which was submitted from the City Clerk's office and the one that actually got published. However, he does not believe that any of the things are a violation of the Statutory or Code of Ordinance proce- dures. It is his opinion that even though there are differences, they are not substantial enough so as to deprive the public of sufficient notice of the land use change. Upon question by Mr. Dougherty, the City Attorney stated that it is not illegal for someone to publish a notice if it is done with the knowledge and/or consent of the City; however, it is improper. If the change resulted in a deficiency in the notice then it would be a problem for the City. -5- 3/24/87 Mr. Dougherty stated that there are deficiencies and it is up to the Commission to decide whether or not they are of substance or not. In his judgment, there is sufficient cause for anyone to bring suit against the City and challenge the authenticity of the advertisement. Mrs. Horenburger stated her problem with this is the newspapers role in this situation by taking a request for a change without author- ization from the City. She feels they should look at their advertising procedures to ensure that no one, except someone authorized by the City, can make any sort of change. Mayor Campbell suggested that perhaps the City Clerk could write a letter to the offending paper to make sure it does not happen again. At this point the roll was called to the motion. 11. Ordinance No. 25-87 - Lehman Rezoning. 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 Second and FINAL Reading. Prior to considera- tion 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. 25-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING ORDINANCE NO. 91-86 IN ITS ENTIRETY; REZONING AND PLACING LAND PRESENTLY ZONED RM-10 (MULTIPLE FAMILY DWELLING) DISTRICT IN SC (SPECIALIZED COMMERCIAL) DISTRICT, 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. SAID LAND IS LOCATED ON THE SOUTH SIDE OF LINDELL BOULE- VARD, BETWEEN U.S. HIGHWAY NO. 1 AND DIXIE HIGHWAY, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983". (Copy of Ordinance No. 25-87 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 following people spoke in opposition of the rezoning: Leonard Syrop, Robert French, Helen Coopersmith, Jean Beer, John Malloy, Art Ellerholtz and Marion MacLeod. The following people spoke in favor of the rezoning: Arthur Jackel, John Jackson, Tom Haenlon, Alan Orr and Mrs. McCue. The public hearing was closed. Mr. Weatherspoon moved for the adoption of Ordinance No. 25-87 on Second and FINAL Reading, seconded by Mr. Bird. Upon roll call the Commission voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - No; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. (Note: Mr. Dougherty recast his vote from a "No" to a "Yes" after the roll was called). Before roll call the following discussion was had: Mr. Dougherty stated he is opposed to this rezoning simply on the basis that it is downgrading. -6- 3/24/87 Mrs. Horenburger stated she does not feel it is an appropriate place for the parcel to be residential as it is on Federal Highway. However, she is not in favor of the SC zoning and would rather see GC. Mr. Weatherspoon stated he disagrees with Mr. Dougherty that this is a downgrading of the area. It is consistent with what is already there and would be in favor of the rezoning. At this point the roll was called to the motion. 32. Conditional Use and Site Plan Approval - Lehman Auto Dealer- ships. The Commission is to consider a request for conditional use and site plan approval for Lehman Auto Dealerships, a proposed automobile sales and service facility consisting of four separate dealerships, located on the west side of South Federal Highway, between Lindell Boulevard and the C-15 Canal. The Planning and Zoning Board and Acting Planning Director recommend approval, subject to the following condi- tions: Technical and Code Requirements 1. The required five (5) foot concrete sidewalk shall run through the driveways. 2. Since this development will be accomplished on a phased basis indicate the improvements (.such as parking, landscaping, etc.) which will be accomplished by each phase. All areas of land cleared but not constructed as a particular phase shall be sodded and irrigated. 3. Each phase must stand on its own in terms of parking, etc. 4. Show improvements 125 feet off-site. 5. Reconstruct and landscape new openings and closures of Lindell Boulevard median. Curb at median opening if none presently exists. 6. A paving, grading and drainage plan which provides for one inch (1") retention for the entire site shall be submitted and must be ap- proved by the Engineering Division prior to issuance of any building permits. 7. An "on site" traffic plan for the entire site plan shall be submit- ted to and approved by the Engineering Division prior to any build- ing permits. The traffic plan, both on site and off site shall include STOP, YIELD, NO LEFT TURN, RIGHT ONLY, HANDICAP PARKING BY DISABLED PERMIT ONLY, etc., as well as pointed (on site) and thermo- plastic reflectorized (off site) pavement markings, all in compli- ance with MUTCD standards. 8. Record an agreement acceptable to the City Attorney to remove the first row of parking adjacent to Dixie Highway and relandscape, so as to provide a minimum 20 foot landscape area from the ultimate right-of-way, at such time as Dixie Highway is widened. 9. That all signs be ground signs. Community Appearance Board. 10. Meet with the City and Tropic Palms to determine "ownership" of entrance signs and possible relocation of same. Procedural Requirements 11. Replatting is required prior to Building Permit issuance due to the abandonments and inclusion of unplatted areas. 12. That all signs be approved by the Building Department and CAB. 13. That all improvements be completed in accordance with the approved site plan. 14. This approval will expire within eighteen (18) months unless at least twenty-five (25%) percent of the total cost of improvements are made by that time. If the approval expires, request for exten- sion must be made in accordance with Section 30-22(E) of the Zoning Code. Roger Saberson, representing Mr. Lehman, stated he feels this site is one of the better locations for an auto dealership. The Plan- ning and Zoning Board felt that the proposed zoning was consistent with the County pocket land use study and compatible with surrounding exist- ing zoning and uses. Mr. Lehman instructed him to prepare a memo, which he would sign, stating that he would cooperate and alleviate a number of -7- 3/24/87 concerns which the citizens expressed. Some of those concerns are that he would not use loud speakers on the site, there will be no demonstra- tion rides through residential areas, vehicles will not be parked with their hoods open and a number of other things. Mark Marsh, Digby Bridges, Marsh & Associates, presented a rendering and outlined the uses of the proposed site plan. William Lehman stated he was told when he came to this communi- ty that the place they wanted auto dealerships was on Federal Highway between Linton Boulevard and the Boca line. He presented some photo- graphs of the property and how it looks right now; he asked the Commis- sion to look at what is there now, and what he is proposing and vote for this project. Bob Rossman, President Ex Officio of the Andover Civic Associa- tion in Miami, stated that Mr. Lehman's dealership in Miami is in their area and when he came in many of the citizens voiced the same concerns as he is hearing tonight. They met with Mr. Lehman and found him to be very amenable and a man of his word; whenever there is any problem which concerns his property he has addressed it very quickly. John Thomas, Jr., representing the West Side Community Coordi- nating Council, stated they very strongly support Mr. Lehman's project being in Delray Beach. They need a commercial enterprise which is tasteful, profitable and the provider of a great number of jobs. Annetta Baldwin, attorney representing the WSCCC and the NAACP, stated that they support the presence of Lehman Motors in Delray Beach. The City can no longer afford to exist as a resort town catering to a privileged few. They need to expand the tax base and introduce light industry and tasteful commercial enterprise. Lehman Motors have met with citizens to answer questions and compromised where they might not have had to do so. The Commission has to be concerned with the good of the entire community. Kathi Sumrall, Chairman of the Planning and Zoning Board, stated that later on tonight the Commission will be looking at an ordinance for the automobile dealerships. This ordinance has been in draft form for 14 months. Mr. Lehman's dealership was reviewed under this ordinance with one exception - the lighting. As this ordinance will be approved on first reading, after Mr. Lehman's site plan approv- al, she would like the Commission to have some sort of reservation in their motion that whatever is decided on with the lighting, Mr. Lehman will follow. Paul Smith, 924 Jasmine Drive, gave a slide presentation, on behalf of 3,000 residents, showing the residential communities surround- ing the proposed project. He advised that between Linton Boulevard and the C-15 Canal there are 14 brand name new and used car dealerships and the Commission is considering adding four more. He stated that they do not want any more dealerships in this area and requested that the Commission not vote for this project. The following people spoke in favor of the project: Scott Chiernan, John Levitz, David Cohen, Carmen Williams and Kayhart Pender. The following people spoke in opposition of the project: Salon Ziegler, John Vislocky, Dick Reinhart, Jean Beer, Marion MacLeod and Brent Carper. Mr. Bird moved for conditional use and site plan approval for the Lehman Auto Dealership, subject to the conditions of the Planning and Zoning Department's memorandum and that Mr. Lehman will comply with the new lighting requirements, seconded by Mr. Weatherspoon. Mr. Dougherty stated what this issue boils down to is whether or not the Commission is going to serve the majority of people in the City or a special interest. He feels that the property could be devel- oped with many other things other than an auto dealership which will also create employment. He stated that they have discussed, in the past, that all conditional uses such as this one should include the -8- 3/24/87 provision that it would comply with the City's industrial waste and pretreatment ordinance. Mr. Bird amended his motion to include that Mr. Lehman will comply with the industrial waste and pretreatment ordinance, Mr. Weatherspoon amended his second. Mayor Campbell stated he will be supporting this application; however, that does not mean that he is not sympathetic with the people who have expressed fears about past abuses and whether the City is going to try and control this issue. He stated that he is going to ask again that the Planning and Zoning Board readdress the issue of SC zoning and terminating it on property anywhere in the City. Mayor Campbell stated that he has some additional conditions which he would like the maker of the motion to accept and then he would be willing to vote in favor of this project: (1) they will fully comply with the new automobile dealer ordinance, (2) that there will be no pole signs on the property, (3) the lighting will comply with the new standards which will also control, to some degree, the hours of operation, (4) except for the frontage, he would like a tree line all the way around the property which will create an impervious view of the site plan, (5) there will be no test driving on any residential street in Delray Beach, (6) that they limit the project to only phases I and II, until they have a better chance to look at the impact of this size of a dealership and what it will do to the adjacent properties and (7) that they add and be responsible for the additional beautification and maintenance on the median adjacent to the property. Mr. Lehman stated he will agree to all the conditions except for two; his landscape architect has just told him that it is impossible to provide an impervious row of trees and he will agree to meet the code with regard to signs, however, he has to have them. Mayor Campbell stated that he did not want any pole signs; however, he could have a monument sign which is what Bill Wallace has. Mr. Lehman stated he will agree to go with the sign ordinance, as long as he is treated like everyone else. Mr. Bird amended his motion to add that Mr. Lehman will agree to the automobile dealership ordinance, when passed, and to monument signs, but may revisit the issue .if the sign ordinance, when passed, is less stringent, the lighting regulations to be drafted, no test driving on any residential street, his project is limited, initially, to phases I and II and will be revisited prior to an approval for phase III, he will add and take responsibility for the landscaping on the median adjacent to his property on Lindell Boulevard and comply with the items which he has already agreed to in a letter drafted by Mr. Saberson which he has signed, Mr. Weatherspoon amended his second. 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. Mayor Campbell declared a recess the time being 10:00 P.M. The meeting was reconvened at 10:07 P.M. 12. Ordinance No. 28-87 - Amending Zoning 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 add it to the conditional use category, and provide for an outdoor display of boats, 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. 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 -9- 3/24/87 PERMITTED 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. (Copy of Ordinance No. 28-87 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. Kathi Sumrall, Chairman of the Planning and Zoning Board, stated that when this was brought before the Board they decided that they would like for boat sales to be in a completely enclosed building. Those changes were made and are included in the ordinance. The public hearing was closed. Mr. Bird moved for the adoption of Ordinance No. 28-87 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 - No; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. Before roll call the following discussion was had: Mr. Weatherspoon stated he has a problem with having the boats completely enclosed as it is adding an extra cost and burden to the owner. Upon question by Mr. Bird, Mrs. Sumrall stated that they are asking for a completely enclosed building for both storage and display. At this point the roll was called to the motion. 13. Ordinance No. 29-87 - Amending Zoning 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 Second and FINAL Reading. Prior to considera- tion of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. Mr. Bird moved that Ordinance No. 29-87 be postponed to be heard under the public hearing items on April 14, 1987, 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. PROCEDURAL ITEMS 14. Mrs. Horenburger moved to approve the minutes of the Regular Meeting of February 24, 1987 and the Special Meeting of February 17, 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. 15.a.1. Mrs. Horenburger advised that there will be a fundraiser held on Saturday, April 4th, from 8:00 A.M. to 4:00 P.M., at the West Park Baptist Church for a young lady called Kimberly Hanna who is suffering from leukemia. 15.b.1. The City Attorney stated that two questions have arisen and he needs some guidance from the Commission for a meeting he has next Tuesday with regard to the Elementary School acquisition. First, they agreed to pay to the cost of the installation of utilities, the sum of -10- 3/24/87 $80,000; the question is, did they agree to just pay $80,000 or were they responsible for whatever exceeded the $80,000 that the School Board was going to contribute. It is the School Board's contention that if the estimate is $170,000 then they would pay $80,000 and the City would pay $90,000 and if it cost $180,000, then they would pay $80,000 and the City would pay $100,000. His recollection is that they would contribute $80,000 as a maximum. The second issue is with regard to the utilities installation themselves. It was his understanding that the Commission had instructed him to pay the money to the School Board, i.e., reimburse them. It is the School Board's contention that the installation of all the utilities and roadways are to be done by the City, i.e. we let the contracts and hire the contractors to do the work and the School Board is to reimburse us the $80,000. Mrs. Horenburger stated she was involved in the negotiations and it was discussed that they would split it 50-50. The School Board also stated that their estimate of $160,000 was high. With regard to the utilities installation, it was her understanding that the School Board was interested in letting those contracts with the others which they were doing. Mr. Bird stated he feels that the School Board might be in a better position to fastrack this than the City is; they can make a factual finding of an emergency which we cannot in their behalf. It was the consensus of the Commission that their position is that they will split the cost 50-50 and will contribute, if necessary, the monies up front. Also, the School Board will do the letting of the contracts. Richard Kurtz, representing the School Board, stated that what they normally do is that the School Board will install the water and sewer lines and they pay the engineering share of what they are contrib- uting to those lines. Mr. Bird stated the issue here is that the school will have to have water in seven months and the School Board wants it done as quickly as possible. The City is not unwilling to take the responsibility for the engineering; however, they feel the School Board, given the facts and their needs, can make a declaration of emergency and waive whatever requirements need to be waived in order to expeditiously get this done. The City cannot do that for them. He suggested that the School Board undertake the responsibility and hire the City to do the job so that they can take advantage of their ability to waive certain requirements to get it done quicker. 15.b.2. The City Attorney stated that the Housing Authority has re- quested that his office institute the conveyance of the property which the City acquired from the Arch Diocese of Palm Beach. There has never been authorization from the Commission to effect that transfer. Mr. Bird moved that the land received from the Arch Diocese be transferred to the control of the Delray Beach Housing Authority, 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. 15.c. There were no Non-Agenda items by the City Manager. 15.d.1. Kathi Sumrall requested that they move Item 41 up to the front of the regular agenda. Mr. Bird moved that they reconsider the agenda, 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. Mr. Bird moved that Item 41 follow Items 36 and 43 at the beginning of the Regular Agenda, seconded by Mrs. Horenburger. Upon roll call the Commission voted as follows: Mr. Bird - Yes; Mr. Dougherty -11- 3/24/87 - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 15.d.2. Robert McCullough, 1885 N.W. 9th Street, stated he lives in a community which has been forced to have a wall built around it to protect their properties from vandalism. He owns property on Lake Ida Road which is constantly being vandalized and has been forced to employ off-duty police officers to apprehend the parties involved. He stated he is a concerned citizen and feels that crime needs to be the number one focus in the community. 15.d.3. Alice Finst, 707 Place Tavant, stated she would like to remind the Commission about the dedication ceremony of the Barwick Park Fitness Trail which will be held March 27th at 10:00 A.M. CONSENT AGENDA The following items were considered by the Commission as the Consent Agenda: 16. Request for Solicitation of Funds - Veterans of Fore.ign Wars, host No. 4141. The Commission is to consider approving solicitation of funds from May 22-30, 1987 and November 7-14, 1987. Approval is recom- mended. 17. Requisition No. 18 - S.G. Phillips Constructors.°f Florida, Inc. The Commission is to consider authorizing payment of Requisition No. 18 in the amount of $163,425.00 for Regional Wastewater Plant Expansion. Approval is recommended. 18. Final Plat Approval - South Castle Townhomes. The Commission is to consider a request for final plat approval for South Castle Townhomes, a proposed five unit townhouse project, located at the southeast corner of Avenue "L" and Frederick Boulevard. This is a replat of Lots 72 through 78, inclusive, Block 32, Del-Raton Park. The Planning and Zoning board and Acting Planning Director recommend approv- al, subject to the following conditions: Technical and Code Requirements 1. Provide name and address of Subdivider on plat. 2. Show topographic condition of property and 100' off-site. 3. Show existing drainage and utilities adjacent to subject property, and adjacent rights-of-way and pavement widths. 4. Submit a letter stating Engineer of Record. 5. Per 30-17(P) Townhouse Developments, (2) (a) - the lot for each individual townhouse unit shall coincide with or exceed the slab area for the dwelling unit. The formboard survey indicates 25 feet from the east property line and indicates 51.1 feet on the west property line to the end units. The proposed plat shows 25.20 feet from the east and 51.39 feet from the west, therefore, the lots sizes for Lots 1 and 5 would not coincide or exceed slab area. 6. The Fire Department has reviewed the final plat for South Castle Townhomes and approves same subject to providing a fire hydrant at Avenue L and Frederick Boulevard intersection. 7. Drainage plans and paving plans and calculations shall be signed and sealed by a P.E. prior to sign-off. 19. Release of Funds .T Engineering Pro~ects. The Commission is to consider releasing $62,086 from the unencumbered balance of $100,086 for drainage, bridge maintenance, seawall repairs and sidewalks. Funds are to come from the 1985/86 lapsed budget in General Fund Unrestricted fund Balance. Approval is recommended. 20. Single Audit Act. The Commission is to consider approval of a $6,000 charge by Ernst and Whinney to conduct a Single Audit of our accounting records and procedures, with funds to come from Commission Contingency. Approval is recommended. 21. Employ.ees Assistance Tra.ining. The Commission is to consider authorizing execution of a contract between the City and Human Affairs International. Approval is recommended. -12- 3/24/87 22. Nuisance Abatement. Resolution No. 11-87, assessing costs of abating nuisances in accordance with Section 13-13 on 25 parcels, is before the Commission for consideration. The caption of Resolution No. 11-87 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 13 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PRO- VIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PRO- VIDING FOR THE MAILING OF NOTICE OF LIEN. (Copy of Resolution No. 11-87 is on file in the official Resolution Book) Mrs. Horenburger moved to approve the Consent Agenda, 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. REGULAR AGENDA 36. Ordinance No. 27-87 - Amending Zoning Code - Special Re~ula- '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 April 14, 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"; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Weatherspoon moved for the adoption of Ordinance No. 27-87 on First Reading, seconded by Mr. Bird. Kathi Sumrall, Chairman of the P&Z Board, stated that there is one small part of the ordinance that they wish changed before it goes on to public hearing; that has to do with Item E on page 5, the exterior lighting. The Planning and Zoning Board met with a lighting consultant on Friday and were quite well informed on how lighting works. They would like the wording changed to the following: -13- 3/24/87 Exterior lighting shall not exceed 25 feet in height, shall be directed away from adjacent properties and shall be cut-off lumenaire, shall confine light to site only and shall not exceed, when measured, 10 feet inside any property line, the following: (1) 100 foot candles within display areas (2) 40 foot candles within all other areas (3) After 11 P.M. the same measurement shall be as follows: (a) 50 foot candles within display area (b) 40 foot candles within other areas Upon question by Mayor Campbell, Mrs. Sumrall stated they explained to the lighting consultant that they wanted to give the dealers some display lighting but that he should keep in mind security; they wanted the lights cut down after 11:00 P.M. but still have enough for security. Mayor Campbell stated that he feels it may be a good idea if the consultant could give the Commission something in writing as a reference point. Mr. Dougherty stated that one lumen per square foot is equiva- lent to one foot candle. The National Highway Standards for major arteries requires one foot candle. Therefore, what they are looking at in this ordinance is something 100 times that of the lighting require- ments on major arteries. Mrs. Sumrall stated that the consultant explained to them that the 100 foot candle will be on site and if they use the cut-off lumenaire it will not bleed over onto the street. Mr. Bird stated that it does not appear to him that the light- ing issue is a part of the caption, and therefore, they have a couple of weeks where Mrs. Sumrall and her expert can provide them some additional fine tuning for that section without it interfering with them getting to second reading. He suggested, if the maker of the motion agrees, to make the amendments that Mrs. Sumrall has recommended, go ahead and pass the ordinance on first reading, fine tune it during the two week interim and make any other changes which may be necessary in order to meet some of the comments which have been made - which it doesn't appear as though anyone is here to address specifically. Mr. Weatherspoon amended his motion as suggested by Mr. Bird, Mr. Bird amended his second. Mr. Weatherspoon stated there is nothing in the ordinance to prohibit the testing of the vehicles in residential areas. After talking to Mrs. Sumrall, he found out that they intended for a paragraph to be in the ordinance to address the issue. Mrs. Sumrall stated they did mean for that to be included. At the P&Z Board level, with the citizens group from Tropic Isles, they requested that and they (P&Z) said they had no problem with it. Mr. Bird questioned where you would put it within the body of the ordinance. Mrs. Sumrall suggested that it go under General Res- trictions on Use and Operation. The City Attorney advised it would be a new sub sub-sub- paragraph (f). Mr. Bird stated if Mr. Weatherspoon would accept, he would suggest that that chapter have an additional paragraph added to it which states that dealers are prohibited from using residential streets for the testing of vehicles after servicing, and for the testing of vehicles during demonstration. Mr. Weatherspoon amended his motion as suggested by Mr. Bird, Mr. Bird amended his second. Upon roll call the Commission voted as follows: Mr. Bird - Yes; Mr. Dougherty - No; Mrs. Horenburger - Yes; Mr. -14- 3/24/87 Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. 43. Ordinance No. 37-87 - Amending Code - Loud Speakers and Public Address System. Ordinance No. 37-87, amending Chapter 16 "Offenses - Miscellaneous" of the Code of Ordinances relative to outside speakers or public address system, is before the Commission on First Reading. If passed, Public Hearing will be held April 14th. The City Attorney stated that there is an alternative Ordinance No. 37-87 which was furnished the Commission tonight. The alternate ordinance provides for the prohibition on outside loud speaker and public address systems to be applicable to all commercial zoning dis- tricts, rather than only specialized commercial. Secondly, it provides for an exception for drive-in facilities and, thirdly, so that there was some amortization available for the cost of the outdoor loud speakers, that the enforcement of the ordinance would not take place until October 1, 1987. It was the consensus of the Commission to consider alternative Ordinance No. 37-87. The City Manager presented Ordinance No. 37-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 16, "OFFENSES - MISCEL- LANEOUS'', OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 16-35 "NOISES PRO- HIBITED'' (b) (2) BY ADDING A PROHIBITION AGAINST THE USE OF LOUDSPEAKERS/PUBLIC ADDRESS SYSTEMS WITHIN ALL COM- MERCIAL ZONING DISTRICTS AND PROVIDING AN EXCEPTION FOR TWO-WAY COMMUNICATION SYSTEMS AT DRIVE-IN FACILITIES; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mrs. Horenburger moved for the adoption of Ordinance No. 37-87 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. 41. Ordinance No. 35-87 - Amending Zoning Code - Conditional Rezonin~.Request. Ordinance No. 35-87, amending Chapter 30 "Zoning" of the Code of Ordinances relative to conditional rezoning requests - use it or lose it, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held April 14th. The City Manager presented Ordinance No. 35-87: 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 30-23, "REZONING REQUEST" , (A) "SCOPE" TO PROVIDE FOR AN ALTERNATIVE REZONING PROCEDURE; BY AMENDING SECTION 30-23 "REZONING REQUESTS" , (C) "LIMITATIONS ON THE REZONING OF PROPERTY", PROVIDING FOR CONDITIONS AND LIMITATIONS ON REZONING ONLY IN RELATION TO SECTION 30-23.1, "CONDITIONAL REZONING REQUESTS"; BY AMENDING SECTION 30-4.5, "LAND DEVELOPMENT APPLICATION FEES" BY AMENDING SUBSECTION (D) TO PROVIDE A FEE OF $750.00 FOR REZONING AND CONDITIONAL REZONING REQUESTS; BY ENACTING A NEW SECTION 30-23.1, "CONDITIONAL REZONING REQUESTS", BY ENACTING SECTION 30-23.1 (A), "PETITION FOR CONDITIONAL REZONING" TO PROVIDE FOR CONDITIONAL REZONING AS A VOLUNTARY ALTERNATIVE TO SECTION 30-23, "REZONING REQUESTS", PROVIDING FOR SUBMISSION OF SITE PLANS AND CONDITIONS FOR VOLUNTARY CONDITIONAL REZONING, BY PRO- VIDING THAT NO BUILDING PERMITS SHALL ISSUE FOR CON- STRUCTION NOT CONFORMING TO SITE PLAN APPROVALS AND CONDITIONS, PROVIDING FOR A PROCEDURE FOR MINOR SITE PLAN -15- 3/24/87 ADJUSTMENTS, BY PROVIDING FOR RECORDING OF SITE PLANS, COVENANTS AND CONDITIONS OF REZONING IN THE OFFICIAL RECORD BOOKS OF PALM BEACH COUNTY, FLORIDA, PROVIDING THAT SAID CONDITIONS AND SITE PLAN ARE TO RUN WITH THE LAND; BY ENACTING SECTION 30-23.1(B), "PROCEDURE - CONFORMITY TO APPROVE SITE AND DEVELOPMENT PLAN-NOTICE AND PUBLIC HEARINGS", WHICH PROVIDES FOR CONCURRENT CONSIDERATION OF SITE PLAN AND COVENANTS AND CONDITIONS WITH CONDITIONAL REZONING APPLICATIONS, PROVIDING FOR AUTOMATIC EXPIRATION WITHIN ONE YEAR OF SITE AND DEVELOP- MENT PLAN AND CONDITIONAL REZONING, PROVIDING FOR NOTICE OF PUBLIC HEARINGS, PROVIDING FOR STANDARDS OF REZONING REVIEW AND COMPLIANCE WITH THE COMPREHENSIVE PLAN; BY ENACTING SECTION 30-23.1(C), "ADDITIONAL CONDITIONS - MAY BE OFFERED BY PETITIONER" TO PROVIDE THAT A PETITIONER MAY UNILATERALLY OFFER BINDING CONDITIONS WHICH RUN WITH THE LAND; PROVIDING FOR REVIEW BY THE PLANNING AND ZONING BOARD AND THE CITY COUNCIL, PROVIDING FOR RECORDABLE CONDITIONS AND COVENANTS AND SITE PLANS, PROVIDING THAT CONDITIONS MAY BE OFFERED RELATING TO PUBLIC FACIL- ITIES/INFRASTRUCTURE, MITIGATION OF AESTHETIC AND EN- VIRONMENTAL IMPACT AND INTENSITY LIMITATIONS; BY ENACTING SECTION 30-23.1(D), "SECURITY FOR PERFORMANCE OF CON- DITIONS''; BY ENACTING SECTION 30-23.1(E), "EFFECTIVE DATE AND ENFORCEMENT OF CONDITIONS"; BY ENACTING SECTION 30-23.1(F), "EXPIRATION OF APPROVAL - EXTENSION OF TIME", WHICH PROVIDES CONDITIONS WHERE AUTOMATIC REVERSION TO A PREVIOUS ZONING CATEGORY IS PERMISSIBLE AND WHEN IT IS NOT PERMISSIBLE, PROVIDING FOR EXTENSION OF THE ONE YEAR TIME LIMIT OF CONDITIONAL REZONINGS AND SITE PLAN AP- PROVALS, PROVIDING FOR A WAIVER OF CONDITIONS UPON ADOPTION OF ORDINANCE BY CITY COUNCIL WHICH IS SUB- SEQUENTLY RECORDED; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Weatherspoon moved for the adoption of Ordinance No. 35-87 on First Reading, seconded by Mr. Bird. Upon roll call the Commission voted as follows: Mr. Bird - No; Mr. Dougherty - Yes; Mrs. Horenburger - Abstained; Mr. Weatherspoon - No; Mayor Campbell - Yes. Said motion FAILED by a 2 to 2 vote, with Mrs. Horenburger abstaining. Before roll call the following discussion was had: Mr. Bird stated that if they are doing the job which the State Statute requires of them, then there is no place for this ordinance. If they are not doing the job, he feels the ordinance has no benefit to offer them. If they would zone to the best interests of the City, he has a problem with the use it or lose it and they would end up creating more problems than they can possibly solve. He can see no need for this document as drafted. Mrs. Horenburger stated there have been some questions from people with regard to the voluntary conditional rezoning. She feels it is a good clause to have in the ordinance because they will see re- zonings where people are going to build and not just rezone and turn the property over. If they come in under conditions and have a conditional rezoning request, then the will have some assurance that it will be built. Anyone who is not willing to come in under those conditions is going to run the risk of not being approved by the Planning and Zoning Board and this Commission. Mr. Weatherspoon stated he has some concerns with this ordi- nance in that if the current system is working as it should, then he agrees that there is no need for this ordinance. He feels that the key issue is whether or not the property should have been zoned a particular zoning in the first place. Mrs. Sumrall stated that the recommendation as listed on the agenda is incorrect; the Planning and Zoning Board recommend denial. The ordinance states that this would permit orderly development of the -16- 3/24/87 City - they are concerned with the word "orderly". They also have a problem with the word "voluntary" as they feel that no one would go out on a limb and do it. If a person felt that comfortable with their project they would ask for a straight rezoning. The P&Z Board has, over the past year, been trying to separate site plan approval from rezoning so that they are not given eye wash and beautiful color pictures to go with the rezoning request. Basically, they feel the ordinance is almost contract zoning and they are concerned with the legality of it. With regard to automatic reversion, they feel that if the Commission does go forward with the ordinance, they reconsider this. It should not auto- matically revert back as, in certain circumstances, it may not be appropriate. The Board feels that, at this point, they should be doing everything possible to get the Land Use Plan in order and try to live by it. Mr. Dougherty stated he would be very happy if they said no to all rezonings and modifications to the Land Use Plan; however, they never do that and he sees nothing coming up where they are going to have the nerve to say no to every rezoning. He feels the use it or lose it provision is a good one. Mayor Campbell stated he appreciates the position of the P&Z Board, however, he feels they do need to have a use it or lose it ordinance. At this point the roll was called to the motion. Mrs. Horenburger stated she has some problems with this ordi- nance and would like to discuss it further. Mrs. Horenburger moved that Ordinance No. 35-87 be placed on a workshop agenda, seconded by Mr. Dougherty. Upon roll call the Commis- sion voted as follows: Mr. Bird - No; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - No; Mayor Campbell - Yes. Said motion passed with a 3 to 2 vote. 23. Presentation of Annual Audit for Year Ending September 30, 198'6. Mr. Paul Bremer, Ernst & Whinney, stated that the City has received the Certificate of Achievement for Excellence in Financial Reporting for the fourth straight year. He briefly outlined the report and advised that there are no material weaknesses in the City's internal control and there are no material non-compliance items. He stated he would like to thank the City Manager and Finance Department for the cooperation they received. Mr. Bird left the Commission Chambers at this time. 24. Rescue Vehicles and Suburbans - Fire Department. The Commis- sion is to consider award of a contract to the low bidder, E.V.F. Corporation, Riviera Beach, for two advanced life support rescue vehi- cles in the amount of $109,852 and award of a contract to Sherwood GMC because of warranty services, for two four-wheel drive, 3/4 ton carry all wagons in the amount of $31,706, with funds to come from the Utility Bond and General Fund. Approval is recommended. Mrs. Horenburger moved to award a contract to E.V.F. Corpora- tion, Riviera Beach, in the amount of $109,852 for two advanced life support rescue vehicles, and to award a contract to Sherwood GMC, in the amount of $31,706 for two four-wheel drive, 3/4 ton carry all wagons, with funds to come from the Utility Bond and General Fund, seconded by Mr. Dougherty. 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. 25. Contract - Revitalization of Atlantic Avenue. The Commission is to consider authorizing execution of a contract between the City and Sasaki Associates, Inc., regarding Atlantic Avenue streetscape. Cost will be $168,000, with funds to come from the Utility Tax Bond (Beauti- fication Trust Fund - generated from 1% excise tax). Approval is recommended. -17- 3/24/87 Mrs. Horenburger moved to authorize execution of a contract between the City and Sasaki Associates, Inc., in the amount of $168,000, with funds to come from the Utility Tax Bond, seconded by Mr. Weatherspoon. 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. Before roll call the following discussion was had: Mr. Dougherty stated he feels that the fees for this item and the next one are high and questioned if they have looked at how they structured the prices. The City Manager advised these figures were the figures which came back after a series of negotiations. They did feel that the prices were high; however, the companies which the Commission selected are considered the best. At this point the roll was called to the motion. 26. Contract - Beautification of Arterial Roads and Ri~hts-of-Wa¥. The Commission is "'to consider authorizing execution of contract between the City and H. Kurt Kettlehut for beautification of selected collector and arterial road rights-of-way. Cost will be $183,700, with funds to come from the Utility Tax bond (Beautification Trust Fund - generated from 1% excise tax). Approval is recommended. Mrs. Horenburger moved to authorize execution of a contract with H. Kurt Kettlehut, in the amount of $183,700, with funds to come from the Utility Tax Bond, seconded by Mr. Weatherspoon. 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. 27. Conditional Use and Site Plan Approval - Corporate Tech Plaza II. The Commission is to consider a request for conditional use and site plan approval for Corporate Tech Plaza II, a proposed 43,248 square foot office development in a four-story structure, located north of the C-15 Canal, between Congress Avenue and Interstate 95. The Planning and Zoning Board and Acting Planning Director recommend approval, subject to the following conditions: Technical and Code Requirements 1. Add note to side plan that lights shall be sharp cut-off and con- fined to subject property. 2. Add note to site plan that the effective LI Light Industrial zoning allows business and professional offices, excluding medical ser- vices. 3. Provide hedging or shrub massing to effectively screen parking area. 4. Eliminate one parking space west of the dumpster and incorporate area into green space. 5. Dedicate a cross access easement between this lot and Lot 1 and provide recorded copy of same as evidence. Staff Recommendations 6. Any structure located on the outparcel will be required to maintain a ten (10) foot setback from any driveway. 7. No fast-food restaurant or drive-in shall be permitted on the outparcel. 8. Any structure located on the outparcel shall be architecturally tied to the main building and be designed so that the service areas are appropriately screened from the office buildings, Congress Avenue and the adjacent driveway to Congress Avenue. ~ity Council Policy 9. That the developer shall contribute fifty cents per square foot for all office space, to be paid to the City of Delray Beach at the time of issuance of Certificate of Occupancy, in addition to any other road impact fees otherwise required. The funds shall be placed into -18- 3/24/87 a Roadway Trust Fund by the City and transmitted to Palm Beach County upon establishment by the County of a special purpose impact fee for the creation of additional interchange capacity for Inter- state-95 within the project's area of impact. Should Palm Beach County decide not to establish such an impact fee, the funds shall be used by the City for roadway improvements within the impact area. 10. In addition to road impact fees otherwise required, a contribution shall be made to the City of Delray Beach to assist in the construc- tion of two additional lanes on Congress Avenue (i.e., to ultimately widen the road from four lanes to six lanes) along the frontage of the property. To ensure that adequate roadway capacity is available to serve this development in the future, such contributions shall be made in accordance with the following fair share formula: (a) # external trips X percent of trips assigned to frontage = assigned trips (AT). (b) AT divided by capacity of 2 additional lanes (ie., 14,000 trips per day) = project percent of additional necessary capacity (PP) . (c) PP X cost of 2 additional lanes for 1 mile ($750,000 or other approved amount) X # miles of frontage = fair share contribu- tion. The above contribution shall be calculated for the entire property and allocated to the building or parcel on a floor area or acreage basis, or a separate trip generation/assignment calculated on each building or parcel, at the option of the applicant. Such calcula- tion must be approved by the City prior to the issuance of any building permits. The amount so derived for the building or parcel shall be paid at the time of the first Certificate of Occupancy for that parcel. Provided, however, that at such time as a contract is let for the construction of the additional two lanes, the balance of the total amount due shall be payable to the City by the owner(s) of the remaining undeveloped tracts, upon thirty (30) days written notice by the City. Mr. Weatherspoon moved for conditional use and site plan approval for Corporate Tech Plaza II, subject to the conditions, second- ed 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. 28. Appointment - Historic Preservation Committee. The Commission is to consider a Commission appointed member to the Historic Preserva- tion Committee. Mayor Campbell stated he has not seen any recommendations made for this committee and suggested that they postpone it. Mrs. Horenburger moved to postpone Item 28, seconded by Mr. Weatherspoon. 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. Mrs. Horenburger stated she made a mistake when she asked for Item 29 to be postponed as the Civil Service Board did ask that Mr. Milford Ross be reappointed. However, they did ask the Commission to delay the appointment of an alternate member. This item will need to be placed on an agenda again. 30. Appointment - Code Enforcement Board. The Commission is to consider appointment of a regular member (Real Estate) to a term ending January 14, 1989. Mrs. Horenburger moved to appoint Thomas E. Scott as a regular member (Real Estate) to the Code Enforcement Board to a term ending January 14, 1989, seconded by Mr. Weatherspoon. 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. -19- 3/24/87 31. Appointments - Delray Beach Human Relations Committee. The Commission is to consider the appointments to terms ending March 15, 1989. Stanley Watsky and Dr. William Echols are willing to serve another term if reappointed. Mrs. Horenburger moved to appoint Stanley Watsky and Dr. William Echols to the Delray Beach Human Relations Committee to terms ending March 15, 1989, seconded by Mr. Weatherspoon. 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. 33. Proposed Purchase of Lot 24, Block A, Westside Heights. The Commission is to consider a request to either excuse or cancel contract for sale to Durante-Strock, Inc. until methodology is found to perfect title or allow an option or agreement for a deed-type situation. Approval is recommended. Mayor Campbell stated he believes what Mrs. Durante would like is for the Commission to extend the contract for seven years and she will pay them after that time. Because of the title question, she will take title by quit-claim deed, hold the property, agree to pay the taxes and then pay in seven years after they get good title by adverse posses- sion. Mrs. Horenburger moved for approval, seconded by Mr. Dougherty. 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. 34. Extension of Waste Management Contract. The Commission is to consider the extension of Waste Management's contract, under option of existing contract, to October 1, 1988. Mr. Dougherty moved to extend Waste Management's contract, under option of existing contract, to October 1, 1988, seconded by Mr. Weatherspoon. Mrs. Horenburger stated she would like to discuss the dumpsters. The contract states that Waste Management will maintain the dumpsters and she questioned what they would do when they start blister- ing and peeling. She has heard they are going to galvanized dumpsters and questioned if they could be painted. A representative from Waste Management stated that paint will not stick to the galvanized material. The reason they are going to galvanized is because of the corrosion factor and they will last longer. With regard to the other dumpsters being painted, he met with Mr. Bauer of the Code Enforcement Division and told him that if they find any dumpsters offensive to let Waste Management know and they will paint them. Mrs. Horenburger stated that there are still enormous trash piles all over the City and, in particular, she is concerned with the ones which have mattresses, sofas, chairs and tables. They have gone over time, and time again, about the fact that Waste Management will pick up those items free of charge if someone calls. She still does not understand why they do not provide that service if someone doesn't call. Mrs. Horenburger stated that she has been opposed to contracting of essential services and, for this reason, she is going to vote against this extension. Upon question by Mayor Campbell as to how the date of October 1, 1988, was selected, the City Manager stated the contract expires on June 1, 1987. The Commission has the option of extending the contract for 18 months and they must notify Waste Management 60 days in advance for that extension. At this time the City is underway with a study, which has been discussed with the Commission, and it will conclude on May 30, 1987. It will take a little over a month for staff to collect and review the information and then the Commission will have two to three months of discussion on the issue of whether or not the City will continue contracting this service out or go in-house. The soonest date -20- 3/24/87 they could implement any change would be in May or June of 1988; he put October as it is the beginning of a fiscal year. The City Attorney suggested that the Commission approve the extension to October 1, 1988, with the caveat that it would contain a condition that they could cancel sooner, upon 90 days notice. Mr. Dougherty amended his motion as suggested by the City Attorney, seconded by Mr. Weatherspoon. 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. 35. Ordinance No. 23-87 - Amending Code - Floor Slab Elevations. Ordinance No. 23-87, amending Chapter 9 "Buildings and Construction" of the Code of Ordinances relative to establishing an alternative variance procedure to permit floor slab elevation of less than 18 inches above the crown of the Road, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held April 14th. The City Manager presented Ordinance No. 23-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9, "BUILDINGS AND CONSTRUCTION", ARTICLE II, "BUILDING CODE", SECTION 9-17, "AMENDMENTS AND ADDITIONS TO CODE", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SUBSECTION 105.4, "PLOT DIAGRAM" TO ADD A CLAUSE TO SECTION 105.4(B), WHICH ESTABLISHES AN ALTERNATIVE VARIANCE PROCEDURE TO PERMIT FLOOR SLAB ELEVATIONS OF LESS THAN EIGHTEEN (18) INCHES ABOVE THE CROWN OF THE ROAD, BUT ABOVE THE 100 YEAR FLOOD PLAIN ON REMODELING TO EXISTING BUILDINGS AND ADDITIONS TO EXISTING BUILDINGS; WHICH PROVIDES FOR AND REQUIRES THE EXECUTION AND RECORD- ING OF A DOCUMENT WHICH INCLUDES COVENANTS WHICH RELEASE THE CITY, ITS EMPLOYEES, AGENTS, AND OFFICIALS FROM ANY AND ALL LIABILITY FROM ALL CLAIMS, ACTIONS, AND CON- TROVERSIES ARISING FROM SAID VARIANCE; WHICH REQUIRES COVENANTS TO DEFEND, SAVE AND HOLD HARMLESS THE CITY, ITS EMPLOYEES, AGENTS, AND OFFICIALS FROM ANY CLAIMS, ACTIONS AND CONTROVERSIES ARISING FROM SAID VARIANCE; WHICH REQUIRES SAID COVENANTS TO RUN WITH THE LAND BINDING THE PERSONAL REPRESENTATIVE, SUCCESSORS, HEIRS AND ASSIGNS OF THE PROPERTY OWNER; WHICH PROVIDES FOR THE DOCUMENT EMBODYING THE AFOREMENTIONED COVENANTS TO BE APPROVED BY THE OFFICE OF THE CITY ATTORNEY; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE, PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Dougherty moved for the adoption of Ordinance No. 23-87 on First Reading, seconded by Mr. Weatherspoon. Upon roll call the Commis- sion voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Mrs. Horenburger left the Commission Chambers at this time. 37. Ordinance No. 30-87 - Amending Code - Planned Commercial Center District Signage. Ordinance No. 30-87, amending Chapter 9 "Buildings and Construction" of the Code of Ordinances relative to signage govern- ing the Planned Commercial Center District, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held April 14th. The City Manager presented Ordinance No. 30-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9, "BUILDING AND CON- STRUCTION'', OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE VIII, "SIGNS -21- 3/24/87 AND BILLBOARDS", BY AMENDING SECTION 9-210, "SIGNS PERMITTED AND REGULATED", TO ENACT A NEW SUBPARAGRAPH, TO PROVIDE SIGN CRITERIA FOR THE PCC, PLANNED COMMERCE CENTER DISTRICT; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Dougherty moved for the adoption of Ordinance No. 30-87 on First Reading, seconded by Mr. Weatherspoon. Upon roll call the Commis- sion voted as follows: Mr. Dougherty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 0 vote. 38. Ordinance No. 31-87 - Amending Zoning Code - Definition of Kitchen. Ordinance No. 31-87, amending Chapter 30 "Zoning" of the Code of Ordinances to provide for the definition of kitchen, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held April 14th. The City Manager presented Ordinance No. 31-87: 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 30-1, "DEFINITIONS", BY ENACTING A NEW SUBSECTION (45b), "KITCHEN", TO PROVIDE FOR THE DEFINITION OF KITCHEN; PROVIDING A SAVING CLAUSE; PRO- VIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Weatherspoon moved for the adoption of Ordinance No. 31-87 on First Reading, seconded by Mr. Dougherty. Upon roll call the Com- mission voted as follows: Mr. Dougherty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 0 vote. 39. Ordinance No. 33-87 - Amending Code - Parking Violations. Ordinance No. 33-87, amending Chapter 26 "Traffic" of the Code of Ordinances relative to parking violations, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held April 14th. The City Manager presented Ordinance No. 33-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 26, "TRAFFIC", ARTICLE II, "STOPPING, STANDING, AND PARKING", DIVISION 3.5, "PARKING METER ZONES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 26-69, "VIOLATIONS", TO ENACT A NEW SUBPARAGRAPH (G) TO ESTAB- LISH THAT IT SHALL BE UNLAWFUL TO VIOLATE SECTION 26-68, "PARKING PERMITS", PROVIDING THAT IT SHALL BE UNLAWFUL TO DEFACE A PARKING PERMIT OR TO TRANSFER A PARKING PERMIT WITHOUT APPROVAL IN ADVANCE BY THE CITY MANAGER; BY ENACTING A NEW SUBPARAGRAPH (H) TO ESTABLISH THAT IT SHALL BE UNLAWFUL TO PARK A VEHICLE IN ANY PARKING LOT OR SPACE WHICH REQUIRES PARKING PERMITS WITHOUT DISPLAYING A VALID PARKING PERMIT; PROVIDING A SAVING CLAUSE; PRO- VIDING A GENERAL REPEALER; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Dougherty moved for the adoption of Ordinance No. 33-87 on First Reading, seconded by Mr. Weatherspoon. Upon roll call the Commis- sion voted as follows: Mr. Dougherty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 0 vote. 40. Ordinance _No~ 34-87 - .Amending Code - Parking Penalties. Ordinance No. 34-87, amending Chapter 26 "Traffic" of the Code of Ordinances relative to parking penalties, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held April 14th. -22- 3/24/87 The City Manager presented Ordinance No. 34-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 26, "TRAFFIC", ARTICLE II, "STOPPING, STANDING, AND PARKING", DIVISION 3.5, "PARKING METER ZONES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 26-71, "PENALTIES", TO ADD A NEW SUBPARAGRAPH (d), TO RELETTER OLD SUBPARAGRAPH (d) TO (e), TO PROVIDE A FINE FOR ANY PERSON WHO DEFACES A PARKING PERMIT OR WHO TRANSFERS A PARKING PERMIT FROM THE VEHICLE FOR WHICH IT WAS ACQUIRED TO ANOTHER VEHICLE WITHOUT APPROVAL IN ADVANCE BY THE CITY MANAGER, TO PROVIDE A FINE FOR ANY PERSON WHO PARKS A VEHICLE IN ANY PARKING LOT OR SPACE WHICH REQUIRES A PARKING PERMIT WITHOUT DISPLAYING A VALID PERMIT; PRO- VIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Dougherty moved for the adoption of Ordinance No. 34-87 on First Reading, seconded by Mr. Weatherspoon. Upon roll call the Com- mission voted as follows: Mr. Dougherty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 0 vote. 42. Ordinance No. 36-87 - McCormick Annexation. Ordinance No. 36-87, relative to annexing a 0.44 acre parcel subject to the R-1AA (Single Family Dwelling) District, located south of N.W. 22nd Street on the east side of N.W. 4th Avenue, is before the Commission for consider- ation on First Reading. If passed, Public Hearing will be held April 28th. The City Manager presented Ordinance No. 36-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOT 17, LAKE SHORE ESTATES, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 25, PAGE 26 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY. SAID LAND IS LOCATED SOUTH OF N.W. 22ND STREET, ON THE EAST SIDE OF N.W. 4TH AVENUE; 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 AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Weatherspoon moved for the adoption of Ordinance No. 36-87 on First Reading, seconded by Mr. Dougherty. Upon roll call the Commis- sion voted as follows: Mr. Dougherty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 0 vote. 44. Ordinance No. 38-87 - Amending Zoning Code - Landscaping. Ordinance No. 38-87, amending Chapter 30 "Zoning" of the Code of Ordi- nances relative to special landscape setbacks, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held April 14th. The City Manager presented Ordinance No. 38-87: 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 REPEALING SECTION 30-16 "SPECIAL SETBACK PROVISIONS", SUBSECTION (H) AND ENACTING A NEW SUBSECTION (H) TO ESTABLISH SPECIAL LANDSCAPING REQUIREMENTS FOR FEDERAL HIGHWAY; BY REPEALING SECTION 30-16 "SPECIAL SETBACK PROVISIONS", SUBSECTION (K) AND ENACTING A NEW SUBSECTION (K) TO ESTABLISH SPECIAL LANDSCAPING REQUIREMENTS FOR WEST ATLANTIC AVENUE; PROVIDING A SAVING CLAUSE; -23- 3/24/87 PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFEC- TIVE DATE. The City Attorney read the caption of the ordinance. Mr. Dougherty moved for the adoption of Ordinance No. 38-87 on First Reading, seconded by Mr. Weatherspoon. Upon roll call the Commis- sion voted as follows: Mr. Dougherty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 0 vote. Mayor Campbell declared the meeting adjourned at 11:52 P.M. 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 24, 1987, which minutes were formally approved and adopted by the City Commission on~~~/~7. 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. -24- 3/24/87