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10-28-86 ? OCTOBER 28, 1986 A Regular Meeting of the City Council of the City of Delray Beach, Florida, was called to order by Vice-Mayor Jimmy Weatherspoon in the Council Chambers at City Hall at 7:06 P.M., Tuesday, October 28, 1986. 1. Roll call showed: Present - Council Member Malcolm T. Bird Council Member Richard J. Dougherty Council Member Marie Horenburger Vice-Mayor Jimmy Weatherspoon Absent - Mayor Doak S. Campbell Also present were - City Manager James L. Pennington and City Attorney Herbert W.A. Thiele. 2. The opening prayer was delivered by Reverend Reimer Schacht, St. Gregory's Episcopal Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. a. Vice-Mayor Weatherspoon read and presented a proclamation commending and honoring Edward Stancle and Peter Zambouros for their heroic life saving efforts in the rescue of a two week old infant. Edward Stancle and Peter Zambouros came forward to accept the proclamation. 4.b. Vice-Mayor Weatherspoon presented a proclamation proclaiming October 29, 1986 as "Circus Day". 5. Mr. Bird moved to approve the agenda, seconded by Mrs. Horenburger. Upon roll call Council 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. PUBLIC HEARING 6. Ordinance No. 66-86 - Amending Zoning Code - Dry Cleaning Establishments. Ordinance No. 66-86, amending Chapter 30 "Zoning" of the Code of Ordinances to allow dry cleaning establishments, limited to 1,500 square feet, customer pick-up only, as a permitted use in the CBD (Central Business) District, is before Council for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been sched- uled to be held at this time. The City Manager presented Ordinance No. 66-86: 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 30-13 "CBD (CENTRAL BUSINESS) DIS- TRICT'', (B) "PERMITTED USES" TO ADD DRY CLEANING ESTAB- LISHMENTS, LIMITED TO 1,500 SQUARE FEET, CUSTOMER PICK-UP ONLY, AS AN ADDITIONAL PERMITTED USE; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 66-86 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. ~-86 on Second and FINAL Reading, seconded by Mr. Dougherty. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Doughe~ty - Yes; Mrs. Horenburger - No; Vice-Mayor Weatherspoon - Yes. Said motion passed with a 3 to 1 vote. PROCEDURAL ITEMS 7. Mrs. Horenburger moved for approval of the minutes of the Regular Meeting of October 14, 1986, and the Special Meeting of October 7, 1986, seconded by Mr. Bird. Upon roll call Council 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. 8.a.1. Mr. Dougherty requested the status of the Highland Beach settlement funds and whether or not they have received them. The City Attorney advised that the City has received some monies from them; however, there is a continuing dispute over how much is precisely owed. The City has taken the position that the Greely, Hanson report included within it certain factors as part of the billings and, therefore, sent them bills based upon that. Highland Beach has recalculated it, leaving out certain items saying that they are not a part of the Greely, Hanson study and have been paying a lesser amount. 8.a.2. Mr. Dougherty stated that Council passed the beautification tax some time ago and it is his understanding that that tax became available on July lst; he questioned what is being done. The City Manager stated that at budget time Council established the Beautification Program and he was directed to seek landscape/ architect consultants. Requests for Proposals were sent out and they received 12 back. A committee has been formed to select the consultants and the short list will be presented to Council on November 4th at which time they will select the consultant and make a decision on the priori- ties. He is estimating, once Council makes the decision, that it will be early spring before the consultant would get the first phase of any kind of design done. The City Manager stated that he has scheduled the first release of the first $300,000 from the Sunshine State Fund for early spring. Mr. Dougherty stated that the Beautification Program was not necessarily tied to the Sunshine Fund as it is self-supporting. The City Manager stated that his instructions from Council were to proceed and do the program'in as short a period possible. The money from the beautification tax was to be set aside as back-up for the bond money. Mr. Dougherty stated it is his understanding that they decided they were going to do the beautification as quickly as possible and the financing, whether it be over five, ten or fifteen years, was immaterial as the tax itself would generate sufficient revenue to support the program. Mr. Bird stated he is not sure that Council has ever changed its last stand which was recorded as being in favor of approaching the program as recommended by the last consultant; that was to take our income, as accrued, and expend it on beautification. They talked about a bond issue and the possibility of an acceleration during budget session; however, he is not sure they ever changed their position. Mr. Weatherspoon requested that the City Manager research the Council minutes to either substantiate what Mr. Dougherty has said or what Mr. Bird has said. 8.a.3. Mr. Dougherty requested the status of the Management Study proposals. The City Manager advised Council is scheduled to interview four companies at a Special Meeting to be held on November 4th. 8.a.4. Mr. Bird stated that as there are several people here tonight who are interested in Item 25 he would like to reconsider the agenda. -2- 10/28/86 Mr. Bird moved to reconsider the agenda, seconded by Mrs. Horenburger. Upon roll call Council 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. Mr. Bird moved that Item 25 become the first item of business on the Regular Agenda, seconded by Mrs. Horenburger. Upon roll call Council 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. 8.a.5. Mr. Bird stated he would like to suggest that Council give serious consideration to changing the method of approval of ordinances so that they will be effective upon codification. He would like the. City Attorney to give them some insight as to the pros and cons. Routinely, they approve ordinances to take effect ten days after they pass them; however, it is months before they are codified and placed in the Code of Ordinance Book. 8.a.6. Mrs. Horenburger stated, with regard to the above item, that she would have a problem with delaying the effective date of an ordi- nance. She feels they need to address the problem of getting the codification more quickly. The City Attorney advised that Council does have funding in the budget for the recodification of the Code of Ordinances with a different company. 8.a.7. Mrs. Horenburger stated that there is a vacancy on the Communi- ty Appearance Board and they have been looking for some time for a landscape architect. Mr. William Wilsher has submitted a resume and the CAB has asked that Council consider him for the position. Mrs. Horenburger moved to appoint William Wilsher to the Community Appearance Board, seconded by Mr. Bird. Upon roll call Council 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. 8.a.8. Mrs. Horenburger stated that some time ago they discussed the beach areas, particularly south of the public beach, being badly lit- tered. She questioned if they could look at the possibility of a special assessment to those property owners and include them in the City's contract with the beach cleaning service. 8.a.9. Mrs. Horenburger stated Council received a memo from the City Attorney regarding the revised agreement for acquisition of the Delray Beach Elementary School site. At the outset this was a three party agreement; they made an agreement with regard to the recreation impact fees and share in the cost of some improvement in exchange for the school site. The third party was the donor of the land, the deal fell through and the donor is out of the agreement. She can see no reason for Council to change their agreement with the School Board as they have not lost or gained anything and she feels they would be bargaining in bad faith if they went back on it. Mr. Bird stated, with regard to the impact fee, that he has a problem with paying City money to the School Board for the development of their park playground before he receives it from the developer. As he reads that paragraph in the agreement it requires a front end payment from the City with the balance to be paid upon receipt of funds or in five years, whichever occurs first. He has no guarantee that the property will develop in five years Upon question by the City Attorney as to whether or not Council wished to have this scheduled for a workshop meeting, Mrs. Horenburger stated apparently they need to. She requested that the City Attorney contact the School Board's counsel and tell him that Council has some concern about paragraph two. 8.a.10. Vice-Mayor Weatherspoon thanked staff for the status report on the goals and objectives. He found it very informative and, hopefully, -3- 10/28/86 if they continue to do this they will not be in the dark regarding projects in the City. 8.b.1. The City Attorney stated Council was furnished a copy of a settlement offer of a law suit they are currently involved with where the defendant is the Board of Construction Appeals. He advised Council of what the settlement offer involves. Mr. Bird moved to approve the settlement offer, seconded by Mr. Dougherty. Upon roll call Council 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. 8.c.1. The City Manager advised Council has been furnished a copy of a letter from the Solid Waste Authority and he would like them to be aware of the importance of this letter. The SWA is running out of landfill and, as a consequence of these concerns, they must advise Council that until such time as replacement facilities have been secured they are unable to guarantee disposal capacity for any new developments past October, 1986. Mrs. Horenburger stated that the municipal league seats are currently filled on the SWA. However, they may consider asking Mr. Dougherty to keep track of their meetings. The City Manager stated he feels it would be very valuable if they had a member of Council attend those meetings. 8.c.2. The City Manager advised Council has been furnished a prelimi- nary study from Mr. Simon regarding the proposed improvements at the Municipal Golf Course. The study is based on whether or not they should be making improvements to the course and add tennis court facilities. 8.c.3. The City Manager stated he has just returned from a conference regarding the new Tax Reform Act. It is going to be a very significant act as the rules have changed drastically. He will be glad to talk to any Council Member regarding this as it is very important. 8.c.4. The City Manager stated, regarding Item 9, that they did spend a considerable amount of time putting this together and feels it answers a good number of questions. For himself and staff to effectively implement a major goals and objective program they will have to do some prioritization and it is his intention to present Council a series of items that he will recommend they deal with first. 8. c.5. The City Manager stated that he has received a request to remove Item 36 from the Regular Agenda as there are still some unclear areas. Mrs. Horenburger moved to reconsider the agenda approval, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - No; Mrs. Horenburger - Yes; Vice-Mayor Weatherspoon - Yes. Said motion passed with a 3 to 1 vote. Mrs. Horenburger moved to delete Item 36 from the Regular Agenda, seconded by Mr. Bird. Upon roll call Council 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. 8.d.1. Tom Haenlon, 613 N.E. 4th Street, stated that yesterday he read an article in the newspaper regarding the condition of apartments in the City of Delray and the rents the landlords are paying for rundown housing. He stated that when landlords are cited for violations they are allowed 60 days to begin repairing their properties and bringing them up to code. He feels that perhaps a partial solution to this would be that once the citation is written, all rental monies could be col- lected by the City and placed in separate escrow accounts. 8.d.2. Joe Reill~, Post Commander of Post 4141 VFW, stated that it has come to their attention that a new memorial is being placed in Veterans Park. He questioned why they are installing a new memorial when there is already one there and they would be willing to place anyone's name on -4- 10/28/86 it. If they keep placing different memorials in the park there will not be room for anything else. The City Manager advised that Council authorized the memorial to be placed in Veterans Park and the Jewish War Veterans are paying for the installation. 8.d.3. Earl Horns, 211 N.E. 13th Street, concurred with Mr. Reil~y and requested that they be notified if any other requests to place memorials in the park are received. 8.d.4. Elaine Roberts, 312 North Swinton, stated they held a dinner last night in the Community Center and thanked the staff for the help they received. CONSENT AGENDA With regard to Item 11, Traffic Signal Upgrades, Vice-Mayor Weatherspoon questioned if the $15,000 covers the maintenance cost. The City Manager advised it covers the installation; the maintenance would be the City's responsibility, as they are now. Gerry Church, City Engineer, stated that the City maintains 19 of the traffic signals they now have. With the new signals, he does not anticipate that it will substantially affect their budget. Once they are upgraded they are turned over to the County. Upon question by Mr. Dougherty as to where in the budget the monies are coming from, Mr. Church advised they have $40,000 in the budget under traffic signals. This money is budgeted annually for upgrading the existing traffic signals and they have a program whereby they upgrade them and turn them over to the County. Vice-Mayor Weatherspoon stated that they say upgrading traffic signals on Atlantic Avenue they should take into context the whole Avenue. The City Manager advised that that is their goal; they will start with this particular section and move. If he has an objective, it would be to have all of the standards along Atlantic Avenue, at least to 1-95, with this type of standard. Vice-Mayor Weatherspoon stated he would have liked to have seen those other traffic signals included and they could be addressed as the money became available. He would then have known that they are part of the plan. The following items were considered by Council as the Consent Agenda: 10. Request for Solicitation of Funds - Amara Shrine Temple, A.A.O.N.M.S. Council is to consider a request for solicitation of funds from October 27 through November 8, 1986. Approval is recommended. 11. Traffic Signal Upgrades - Atlantic Avenue. Council is to consider replacement of all traffic signals on Atlantic Avenue at the following locations: East 1st Avenue East 2nd Avenue East 3rd Avenue East 4th Avenue Venetian Drive Gleason Street Cost will be approximately $15,000, with funds to come from the 1986/87 budget. Approval is recommended. 12. Board of Adjustment Rules and Procedures. Council is to consider approval of new rules and procedures for the Board of Adjust- ment. 13. Easement Deed - End of Albatross at Lindell Boulevard. Council is to consider ratification of right-of-way and perpetual deed between -5- 10/28/86 the City and James W. and Florence M. Marsh in the amount of $4,000 for the purpose of storm drainage lines. Approval is recommended. 14. Easement Abandonment - Re~lat of Part of Breezy Ridge Estates (Lots 9 and 10). Resolution No. 56-86, abandoning a 10 foot drainage easement lying within Lots 9 and 10, replat of part of Breezy Ridge Estates, is before Council for consideration. The caption of Resolution No. 56-86 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A TEN (10) FOOT DRAINAGE EASEMENT LYING WITHIN LOTS 9 AND 10, REPLAT OF BREEZY RIDGE ESTATES, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 24, PAGE 116, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. (Copy of Resolution No. 56-86 is on file in the official Resolution Book) 15. Nuisance Abatement. Resolution No. 57-8~, assessing costs of abating nuisances in accordance with Section 13-13 on 36 parcels, is before Council for consideration. The caption of Resolution No. 57-86 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. 57-86 is on file in the official Resolution Book) 16. Nuisance Abatement. Resolution No. 58-86, assessing costs in the amount of $3,355.00 for abatement action regarding demolition of an unsafe building located at 418 S.W. 5th Avenue, is before Council for consideration. The caption of Resolution No. 58-86 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 9, ARTICLE XIII OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO' ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORD- ING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (Copy of Resolution No. 58-86 is on file in the official Resolution Book) 17. Access by Municipally Supported Free Public Libraries to State Library Grant Funding Sources. Resolution No. 59-86, requesting the Florida Legislature to enact Legislation to provide for access by municipally supported free Public Libraries to State Library Grant Funding Sources, is before Council for consideration. The caption of Resolution No. 59-86 is as follows: -6- 10/28/86 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING THE FLORIDA LEGISLATURE TO ENACT LEGISLATION TO PROVIDE FOR ACCESS BY MUNICIPALLY SUPPORTED FREE PUBLIC LIBRARIES TO STATE LIBRARY GRANT FUNDING SOURCES. (Copy of Resolution No. '59-86 is on file in the official Resolution Book) 18. Delray Beach Human Relations Committee. Resolution No. 60-86, repealing Resolution No. 92-81 and Resolution No. 28-82 in order to clarify the existence, powers and duties of the Delray Beach Human Relations Committee, is before Council for consideration. The caption of Resolution No. 60-86 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING RESOLUTION NO. 92-81 AND RESOLUTION NO. 28-82 IN ORDER TO CLARIFY THE EXISTENCE, POWERS AND DUTIES OF THE DELRAY BEACH HUMAN RELATIONS COMMITTEE; PROVIDING FOR THE CREATION OF A CITIZEN'S COMMITTEE TO BE ENTITLED THE "DELRAY BEACH HUMAN RELA- TIONS COMMITTEE"; PROVIDING FOR SUCH COMMITTEE'S COMPOSI- TION, TERMS, THE FILLING OF VACANCIES, RATIFICATION OF SELECTIONS BY THE CITY COUNCIL, DIRECT REAPPOINTMENTS,. AND THE POWERS, DUTIES, AUTHORITY, AND FUNCTIONS; PROVID- ING AN EFFECTIVE DATE. (Copy of Resolution No. 60-86 is on file in the official Resolution Book) Mrs. Horenburger moved for approval of the Consent Agenda, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - No; Mrs. Horenburger - Yes; Vice-Mayor Weatherspoon - Yes. Said motion passed with a 3 to 1 vote. REGULAR AGENDA 25. Site Plan Approval - Florida Power & Light District Office Building. Council is to consider a request for site plan approval for FP&L Delray District Office Building, a proposed 23,000-square foot office development in a two-story structure, located west of Congress Avenue, between S.W. 22nd Avenue and the Sabal Pine South development. It is zoned POC (planned Office Center) and contains three acres. The Planning and Zoning Board recommends denial; the Planning Director recommends denial of Plan "A" and approval of Plan "B", with the follow- ing conditions: 1. Provide the following traffic control signs in order to regu- late. the internal flow of traffic: (i) "Stop" signs at the egress points of the drive-in aisle with "Do Not Enter" sign on reverse side. 2. The plans submitted require a meeting between the Engineer and the superintendent of Wastewater collection to resolve several matters regarding the layout of the proposed gravity sanitary sewers. There are also questions on the water line crossing details and the size for this line. 3. Show five foot wide concrete sidewalk, per City Standards, adjacent to all public rights-of-way on site plan. 4. Provide fire hydrants at 500 foot maximum road travel spacing. 5. Applicant is proposing a berm as a district boundary line separator. Through the provisions of 30-15.3(K) (1) (2) (3) (4), the Planning and Zoning Board shall make the recommendation as to whether they feel a wall, fence, and/or berm would be appropriate. 6. The north property line abuts residential, per ordinance 18-86 amending Chapter 9, Article X, Section 9-378(e), one tree shall be planted every 25 lineal feet to form a solid tree line where any commercial property abuts residential. -7- 10/28/86 7. The lowest point of a berm must be a minimum of 2 feet above the grade of the adjacent vehicular use area or hedging would be required where it undulates below a 2 foot height. 8. Reduce ingress and egress lanes to fifteen (15) feet, channel the egress lane so that only left turn existing movements are possible, and sign egress lane "No Right Turn". 9. Construct an additional lane, for eastbound turning movements onto Congress Avenue, on S.W. 29th Avenue, in accordance with City engineering standards. 10. Bond for a traffic signal at the intersection of Congress Avenue and S.W. 29th Avenue for a period of three years from receipt of a Certificate of Occupancy. 11. The applicant agrees to future improvements or conditions as may be required by the City Engineers review of the traffic- study. Procedural Requirements 12. The conditions of the final plat approved by the Delray Beach City Council must be addressed at the times stated. 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 improve- ments are made by that time. If the approval expires, request for extension must be made in accordance with Section 30~22(E) of the Zoning Code. 15. This approval will expire unless three (3) copies of the revised plans, addressing all the conditions noted above are submitted to the Planning Department within thirty (30) days of City Council's approval. City Council Policy 16. 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 a Roadway Trust Fund by the City, and transmit- ted to Palm Beach County upon establishment by the County of a special purpose impact fee for the creation of additional interchange capacity for Interstate 95 within the project's area of impact. Should Palm Beach County decide not to estab- lish such an impact fee, the funds shall be used by the City for roadway improvements within the'impact area. Community Appearance Board 17. Increase density of landscaping on street frontage. 18. Air conditioning compressors on the roof shall be screened by a seven (7) foot parapet. 19. Hedging shall be provided at berm openings, to City Code, to obscure parking from adjacent properties. Staff Recommendations The following item is recommended as an additional condition of approval to the Planning and Zoning Board in accordance with Sections 30-21(B) and (D) and 30-22(B) and (D) of the Code of Ordinances. While these proposed requirements are not specified in the Code it is intended to assure that the public health, safety and welfare is protected in the vicinity of this site. Such findings must be made by the board prior to any development approval. 20. No free-standing identification sign should be allowed as building is located in a residential area. Robert Cohn, Planning Director, stated that the Planning and Zoning Board is recommending denial of the site plan based on the fact that all of the access to the property is located on S.W. 22nd Avenue which is a local residential street. The Technical Review Committee reviewed the site plan for technical code requirements and impact on the -8- 10/28/86 surrounding area and have recommended a number of fairly substantial modifications to the original site plan which is Plan "A". Those conditions related to the location of the building on the site, the number and location of curb cuts on site, landscaping and buffering and the drive-through facility. Florida Power and Light, during a workshop session with.the P&Z Board, had submitted a revised plan which is Plan "B" and the Planning Department is recommending approval of that Plan "B" with a number of conditions. However, they were subsequently informed by FP&L that they wished to present Plan "A" to Council for approval. Based on that, staff is also recommending denial of Plan "A". If they were to go back to Plan "B", staff would not have a problem with it, with the conditions which were incorporated into their report; that would include the deletion of the drive-through facility proposed. Upon question by Mr. Bird as to the reason for staff denial, Mr. Cohn stated that they are recommending denial of Plan "A" because of the traffic impact on the residential street, the traffic impact on Germantown Road and also the number of trees which would be affected on the site by the location of the building. Plan "B" solved the vast majority of staff's concerns. Mr. Bird stated it is his understanding, from an earlier conversation with the Planning Staff, that it was as a result of their research they found that a drive-through was not per- mitted in that zoning district. Mr. Cohn stated that it was the opinion of the City Attorney, in looking at the POC ordinance more closely, that it did appear a drive-through facility would not be allowed for an office building and would have to be deleted from the site plan. Upon question by Mr. Dougherty, Mr. Cohn stated that the traffic study, which was prepared by Murray Dudeck, projected an in- crease in traffic from that facility on S.W. 22nd Avenue of approx- imately 600 trips per day. 200 of those trips are directly attributable to the drive-through facility, i.e., with the elimination of the drive- through the traffic should be reduced from 600 trips per day to 400 trips per day. The site plan before Council proposed two access points on S.W. 22nd Avenue; one to the northwest portion and one closer to the center of the site. There is no prohibition for right turning movements coming out and the traffic study projects that about one third of the traffic will go north towards Germantown Road and then out to Linton Boulevard. Therefore, a lot of their concerns relate to the traffic which would be added to and through the residential neighborhood, as well as over the Germantown Road E-4 Canal bridge. For those reasons, they recommended that FP&L eliminate one of the driveways, shift the one that would remain as far toward Congress Avenue as possible and align it with one of the entrances for Delray Oaks, and that the driveway be channelled and signed so that right turn movements coming out would be prohibited. They also requested that FP&L build an additional lane on S.W. 22nd at Congress to facilitate people leaving the facility, partic- ularly during peak hour, and also bond a traffic signal in case there was a need for a signal in the future. Mr. Bird questioned if the signalization were in place what affect would it have on the traffic which may otherwise head west to go north. Mr. Cohn stated he feels the installation of a signal would make it preferable to go to that area. Of the traffic which is projected to head north, about two thirds of that would head towards Linton Boulevard rather than Congress Avenue, so the signal would not discourage those trips. Therefore, a traffic signal may be critical to this issue. Upon question by Mr. Dougherty, Mr. Cohn advised that typically a two lane road like S.W. 22nd Avenue has a carrying capacity of approx- imately 10,000 trips per day. Mr. Dougherty stated that this is a residential street and he feels that no one should come in and impose a change on a residential area. The City Attorney outlined the criteria for site plan review and advised that Council should remember this when they review this project. He also advised that although they should hear from the applicant, site plan review procedures are done at a public meeting; however, there is no mandatory requirement for one. Nancy Graham, attorney representing FP&L, stated that they are now willing to go with the recommendations on site Plan "B". They have -9- 10/28/86 reviewed the conditions recommended by Planning Staff and while they do not necessarily agree with the recommendation relating to the drive- through facility they are willing to eliminate it. Dave O'Connell, District Manager for FP&L, stated that the site they have chosen is for a district office which will oversee all of FP&L's functions in South Palm Beach County. He outlined the reasons for them choosing this particular site and stated that they would certainly try and work with the people in that area. Ted Roux, architect for the project, stated that site Plan "B" has taken into consideration the residential area in that it has one entrance into the property. He presented a rendering of what the building will look like. Upon question by Mr. Bird, Mr. Roux explained what type of landscaping is involved in the site plan. Mr. Dougherty stated it is his understanding that the area is subject to flooding and he has a concern about the drainage. He looked at the plans and noticed that they intend to contain all the drainage within the site and use French drains. Mr. Roux stated that the Planning Department required them to submit a conceptual drainage plan which they have done and they were also instructed to use a Civil Engineer in the area to design the drainage system. The site plan originally submitted was a conceptual one for drainage and the Civil Engineer specializing in this area will come up with the ultimate drainage plan. Mr. Dougherty stated he feels that this is such an important item that before anyone could approve the site plan they would have to know whether or not they can provide proper drainage and contain it within their own site. Mr. Roux stated that it is difficult for them to do a full drainage calculation and study on a preliminary site plan; they would like to do it on an approved plan because of the effort and cost involved. Mr. Dougherty stated that he has serious doubts that they can contain all the run-off on the site by using French drains. Vice-Mayor Weatherspoon stated that all the people who wrote and called him acknowledged that the building was beautiful; however, the problem is with the ingress and egress onto S.W. 29th Avenue. Ms. Graham stated that one of the conditions imposed upon them, if this site plan is approved, is to have an acceptable drainage system which will have to be in place before they are issued a building permit. Mr. Dougherty stated that since the Planning and Zoning Board has already recommended denial of the proposal he feels that any of their opinions are moot. It is up to Council to make a decision and, personally, he wants to know and have assurance that this project will not cause flooding and that they have a positive way of disposing the flood waters. Until they do that, he is not prepared to say go ahead with the project as he feels flooding could be more important than ingress and egress. Mike Dudeck, President of Murray Dudeck and Associates, stated that this facility will have 105 people in it and some people coming to pay their bills; this amounts to approximately 407 trips projected. Of those trips 280 will go to and from Congress into the one ingress/egress point; 120 will go up to Germantown Road. On average, the traffic volumes are very low as there is not a continual flow of traffic. From talking to staff, he knows that they are looking at a potential traffic signal at the location. He did some additional studies at the request of FP&L to see if a traffic signal was warranted at the present time and it does not come close. Mr. Bird questioned what their chances are of encouraging the County, should this project be approved, to install a light whether or not all the numbers make sense. Mr. Dudeck stated that there will be a traffic signal at Germantown Road which will cause breaks in the traf- fic. There will also be a traffic signal placed not too far south from this site and will also cause breaks in the traffic. He advised that he has found the County to be very hard-nosed about placing a traffic -10- 10/28/86 signal without the warrants being met. However, there are a new set of warrants for peak hour signals which came out very recently, through the Federal Department, and have been accepted by the State, counties and cities. Upon question by Mr. Bird, Mr. Dudeck stated that if a signal were placed at Congress he could foresee far fewer trips on Germantown Road. Mrs. Horenburger stated that she has a problem with putting any traffic on S.W. 22nd or S.W. 29th Avenue. She advised that several years ago, following discussions with Alfiere-Pugliese, they came into the Planning Department and revised their site plans to indicate that there would be no access to 22nd or 29th. However, these plans never came before Council and they did not follow through and do the proper platting. She is prepared to vote against site plan "B" strictly on the basis of access onto 22nd and 29th. If there were access from Congress Avenue she would be more favorable to considering a drive-through. Jake Russell, President of the Board of. Delray Oaks, stated they are not concerned about the building, they are concerned about the traffic. Alfiere-Pugliese were told several years ago that they could not use S.W. 29th Avenue and he feels they should keep to that. Ray Oxenwri~hter, President of Sabal Pines, stated he cannot see a company like Florida Power & Light buying this property not knowing that they could not have ingress and egress on S.W. 29th Avenue. Ms. Graham stated it is their position that FP&L has gone out of its way to come up with a site plan which would include the requests of the P&Z Board. In their opinion, the proposed site plan strictly complies with the City's code. If this property were developed to its full capacity there would be four to six times the amount of traffic. She understands that the sole question regarding this site is access. When FP&L bought this property they had no indication that access would be a problem. She finds it difficult to believe, from a legal stand- point, that you can plat a parcel of land, have it approved and then tell the landowner that you are going to deny him access. They have done everything they can to comply with the Codes and they are request- ing that Council approve site plan "B". Mrs. Horenburger stated that the minutes of a previous meeting reflect that there was a motion to expedite the plat and it was voted on by the entire Council. At a subsequent meeting the City Attorney advised them that they had in fact waived platting requirements; howev- er, according to a verbatim transcript of the minutes they never did. Therefore, she would question the validity of the plat and the process. Upon question by Mrs. Horenburger, the City Attorney stated, officially, he would take the position that there was a waiver of platting to the extent that they did not require the remaining tract to plat at the present time, not the FP&L tract. As to the issue of the plat and denying access, he does not believe that necessarily that granting a plat approval mandates that they approve a particular site plan, nor that they would have to be assured of access on any particular roadway. Finally, as to the issue of the plat having been presented to Council in the manner it was presented, it is his understanding that Council deemed that the P&Z Board had made a recommendation of denial for improper basis and that was why it was brought forward to Council at that time. Based on that, Council made a determination to expedite because of inquiries and approved the plat as submitted. Mrs. Horenburger stated it is her understanding that the P&Z Board continued their meeting with regard to discussion of this parcel, they did not form any recommendation. Kathi Sumrall, P&Z Board Chairman, advised that they did not deny the plat, they continued their meeting on the basis that they wanted further traffic input and input from surrounding neighbors. There was also some concern that if it was approved that Alfiere- Pugliese could sell off other parcels all the way to Congress Avenue and it would not be the one office building. -11- 10/28/86 Mr. Bird stated his concern is that although they did address truck traffic on that street and made a reflection that they would not authorize truck traffic, the other assertions that he cab find regarding traffic, period, were made by the P&Z Board, not Council. They have a three acre tract of land which is zoned for an office building and abuts a City right-of-way. 'It is his opinion that they have found a benign use for the property from the standpoint of the intensity to which it could be developed. He feels it would be difficult to envision a use for the property which will provide less density, more landscaping and a better neighbor than FP&L proposes. With regard to drainage, he agrees that they need to be assured that the drainage would be adequate. Finally, he would make one other consideration and that is that the three year period recommended by staff for traffic signalization is inadequate. He would ask FP&L to agree, as a stipulation, that they provide the traffic signalization, period. Mr. Bird moved for site plan approval, for site plan "B", for Florida Power & Light District Office Building, subject to the elimina- tion of the drive through facility and subject to the agreed upon stipulation that FP&L would provide the wherewithall to provide signal- ization at the intersection of Congress Avenue and the other stipula- tions which are set forth in the Planning Department's memorandum. Said motion DIED for lack of a second. Mr. Dougherty stated there are several concerns raised tonight. He is not prepared to vote on this until such time as the flooding situation is resolved to his satisfaction. He is not convinced that this City did, in fact, make a commitment that there would be no ingress and egress from that piece of property. If there was agreement, then he feels that the City has an obligation. He feels one alternative which has not been looked into would be for FP&L to swap some land with Alfiere-Pugliese so that they could get the site they want plus access to Congress Avenue. Mrs. Horenburger stated that from the time the rezoning was discussed and the site plan was brought in the position was taken by the City, Planning Staff, etc., that there would be no access onto S.W. 22nd Avenue or S.W. 29th Avenue. The Planning staff has a revised site plan, different from the original one, which shows no access. The property owner who sold this parcel was well aware of the City's sentiments as well as those of the residents. She would advise the applicant to take all the various comments into consideration and readdress them. She is in favor of site plan "B" except for the access onto S.W. 29th Avenue. Mrs. Horenburger moved to continue this item for 30 days and encourage the applicants, based on the comments made here tonight, to come back to Council addressing those concerns, the drainage and access onto S.W. 22nd and S.W. 29th Avenues, seconded by Mr. Dougherty. Mr. Bird stated that to continue this for 30 days is without any basis. You cannot approve any site plan tonight if it has got to be turned around and the access point moved. What they have before them now is a motion to continue something which cannot be approved if they accept the contingencies they put on it. Ms. Graham stated that the only reason Council would want to continue this would be for FP&L to come up with an alternative means of access. They would not be willing under any circumstances to have access on Congress Avenue so a 30 day continuance would do no good. John Farrell, counsel for FP&L, stated the subject of going through the Alfiere-Pugliese property to Congress Avenue has been thoroughly investigated and discussed by his client. They do not feel it is safe or advisable for their customers or employees to make such an arrangement. If that is the condition Council has in mind, they might as well turn them down. Mrs. Horenburger withdrew her motion, Mr. Dougherty withdrew his second. Mrs. Horenburger moved for site plan approval, for site plan "B", for Florida Power & Light District Office Building, eliminating the -12- 10/28/86 drive-through facility, subject to the conditions as set forth in the Planning Department memorandum and Mr. Bird's condition regarding the traffic signal, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - No; Mrs. Horenburger - No; Vice-Mayor Weatherspoon - No. Said motion FAILED by a 3 to 1 vote. Mrs. Horenburger left the Council Chambers at this time. Vice-Mayor Weatherspoon declared a recess the time being 10:07 P.M. The meeting was reconvened at 10:15 P.M. 19. Office Supplies. .Council is to consider award of a contract to the low bidder, Decora Office Furniture for City-wide office supplies. The City spent $33,000 during the past year for office supplies. Funding will come from various departmental expense accounts, code 35.11. Approval is recommended. Mr. Bird moved to award a contract to Decora Office Furniture, seconded by Mr. Dougherty. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Vice-Mayor Weatherspoon - Yes. Said motion passed with a 3 to 0 vote. 20. Asbestos Removal. Council is to consider approval of Change Order No. 1, in the amount of $1,920.00 for removal of asbestos from the ceiling of the Credit Union office at the North Water Plant. Total contract price for removal of asbestos City-wide is $111,204.00. Funds are to come from the 1986/87 budget. Approval is recommended. Mrs. Horenburger returned to the Council Chambers at this time. Mr. Bird moved to approve Change Order No. 1 in the amount of $1,920.00, seconded by Mr. Dougherty. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Abstained; Vice-Mayor Weatherspoon - Yes. Said motion passed with a 3 to 0 vote. 21. Site Plan Approval - Leisure Industrial Park. Council is to consider a request for site plan approval for Leisure Industrial Park, a proposed 14,799-square foot light industrial development in two one- story buildings. The property is located west of Germantown Road, between Royal Palm Drive and S.W. 10th Street. It is zoned LI (Light Industrial) District and contains 0.958 acres. The Planning and Zoning Board and Planning Director recommend approval, subject to the following conditions: Technical and Code Requirements 1. The thirty-foot front setback, per district boundary line regulations shall be landscaped. 2. Use of the adjacent property for turnaround or access to Germantown Road will require a Unity of Title binding the turnaround or access area to the subject parcel, provid- ing also that as long as this need exists it shall be designated for such use. Such turnaround or access shall be constructed and surfaced in a manner approved by the City Engineer and landscaped per City Code. 3. Indicate the location of A/C units, if on the roof, screen by a parapet wall, if on the ground, screen by landscaping. 4. Foundation plantings required in landscape areas adjacent to east building face. 5. Six (6) inch non-mountable curbing is required around all landscape islands per Chapter 9 Article X, Section 9-373 (b). 6. Based on site data provided (15,479 square feet of paving) 16 "interior" trees are required. Provide re- quired trees. 7. Based on perimeter lineal footage of 1,000 feet, and the requirement of 1 tree per every 40 1.f., 25 perimeter trees are required. Provide required trees. 8. The location selected for the relocation of the sabal palms east of the driveway should be changed, per 9-378 -13- 10/28/86 (g). Ail 3 sabals should be grouped together closer to the foundation of the building, minimum 3 feet from edge of pavement. City Council Policy 9. The developer shall contribute fifty cents per square foot for all industrial 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 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 Interstate 95 within the proj- ect'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. Community Appearance Board 10. Landscape is sparse and does not meet code (40' tree spacing). Provide landscaping to code and increase ground planting. Staff Recommendations The following item will be recommended as additional condition of approval to the Planning and Zoning Board in accordance with Sections 30-21(B) and (D) and 30-22 (B) and (D) of the Code of Ordinances. While these proposed requirements are not speci- fied in the Code they are intended to assure that the public health, safety and welfare is protected in the vicinity of this site. Such findings must be made by the Board prior to any development approval. 11. Dumpster should be screened by 6 foot CBS wall with vision obscuring gates with hedging and landscape screen- ing. Procedural 12. All improvements shall be completed in accordance with the approved site plan. 13. 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 extension must be made in accordance with Section 30-22(E) of the Zoning Code. 14. This approval will expire unless three (3) copies of the revised plans ~addressing all the conditions noted above are submitted to the Planning Department within thirty (30) days of City Council's approval. Mrs. Horenburger moved for site plan approval for Leisure Industrial Park, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Vice-Mayor Weatherspoon - Yes. Said motion passed with a 3 to 0 vote. (Note: Mr. Bird left the Council Chambers before roll call). Mr. Bird left the Council Chambers at this time. Before roll call the following discussion was had: Upon question, Mr. Cohn advised he is not sure what the exact uses will be; however, they will be uses permitted within the light industrial district. The access is to S.W. 10th Street and there is also a provision for a possible connection to Germantown Road as a secondary means of access. At this point the roll was called to the motion. -14- 10/28/86 Mr. Bird returned to the Council Chambers at this time. 22. Final Plat Approval - Leisure Industrial Park. Council is to consider a request for final plat approval for Leisure Industrial Park, located west of Germantown Road, between Royal Palm Drive and S.W. 10th Street. The Planning and Zoning Board and Planning Director recommend approval, subject to the following conditions: Technical and Code Requirements 1. In the plat dedications, utility easements are dedicated for the construction and maintenance of the City. The City does not construct easements for private develop- ments, delete this reference. 2. Utility easements are required to be a minimum of twelve (12) feet wide. 3. The area of the plat should be shown in both acres and square feet. 4. On the paving and drainage plans show the proposed sidewalk on S.W. 10th Street as well as the turnaround or connection to Germantown Road. 5. The topography should be shown on-site and 100 feet off-site in all directions. 6. Five feet wide concrete sidewalks to City Standards are required adjacent to the right-of-way. 'Show on improve- ment plans. 7. The standard specifications sheet, 6 of 7, needs to'carry the requirement that a 6 mil sheet of PE 12' square shall be installed under the base and pulled up during backfill around the manhole. In addition, the location for the water meter service needs to be relocated to the grassy area south of the proposed location. 8. The easements depicted shall be revised to be consistent with those shown on the site plan. Procedural Requirements 9. An approved cost estimate by a professional engineer is required covering the installed costs of water, sewer, paving, drainage (both on-site and in all public rights- of-way), sidewalks, implementation of the traffic plans, etc. 10. A bond or letter of credit on the City format covering 110% of the approved estimate costs is required prior to final plat sign-off by the City. 11. Three sets of final approved improvement plans including drainage calculations, signed and sealed by a registered engineer are required prior to final plat proceeding to City Council. 12. This approval will expire unless three (3) copies of the revised plans addressing all the conditions noted above are submitted to the Planning Department within thirty (30) days of City Council's approval. Mrs. Horenburger moved for final plat approval for Leisure Industrial Park, subject to the conditions of the Planning and Zoning Board and Planning Director, as amended, seconded by Mr. Dougherty. Upon roll call Council 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. 23. Conditional Use and Site Plan Approval - West Park Baptist Church. Council is to consider a request for a major modification to the approved conditional use and site plan for West Park Baptist Church to allow an expansion of the existing church facility. The property is located east of Barwick Road, between Lake Ida Road and Boulevard Chatelaine. It is zoned R-1A-B (Single Family Dwelling) District and contains 5.9 acres. The Planning and Zoning Board and Planning Director recommend approval, subject to the following conditions: Technical and Code Requirements -15- 10/28/86 1. Provide site plan data as required by Section 30-21(G) (6) (N). 2. Indicate height of proposed building on site plan. 3. Dimension landscape and buffer areas, building separa- tion, and building to driveway separation. 4. A set of acceptable paving and drainage plans and calcu- lations (signed and sealed by a P.E.) must be submitted, and approved by the Engineering Department. 5. Perimeter trees are required around proposed parking lots. 6. Foundation planting plan will be required for final Community Appearance Board approval. 7. Tree removal application and permit is required prior to any tree removal. Procedural 8. All improvements must be completed in accordance with the approve site plan. 9. 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 extension must be made in accordance with Section 30-22(E) of the Zoning Code. 10. This approval will expire unless three (3) copies of the revised plans addressing all the conditions noted above are submitted to the Planning Department within ~hirty (30) days of City Council's approval 11. That stabilized sod be provided as a parking surface where acceptable, recommended and approved by the City Engineer. Mr. Dougherty moved for conditional use and site plan approval for West Park Baptist Church, seconded by Mrs. Horenburger. Upon question by Mrs. Horenburger, Mr. Cohn stated that the original site plan did go to the Community Appearance Board; however, after comments by the TRC they made some modifications to the plan. Therefore, the revised plans should go back to the CAB for review. Vice-Mayor Weatherspoon stated it is his understanding that they changed the procedure, whereby once a request comes before Council that is it, it should not have to go back to CAB. If this request has to go back to the CAB then it is inappropriate for Council to approve it tonight. Mr. Bird made a substitute motion to postpone this item and refer it to the Community Appearance Board for consideration prior to it being placed on the agenda again, seconded by Mrs. Horenburger. Upon roll call Council 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. 24. Final Plat Approval - Corporate Tech Center Plat II. Council is to consider a request for final plat approval for Corporate Tech Center Plat II, a proposed three lot light industrial subdivision, located at the northeast corner of Congress Avenue and the C-15 Canal. It is zoned LI (Light Industrial) and contains 8.08 acres. The Planning and Zoning Board and Planning Director recommend approval. Mrs. Horenburger moved for final plat approval for the Corpo- rate Tech Center Plat II, seconded by Mr. Bird. Upon roll call Council 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. 26. Ordinance No. 44-86 - Amending Code - Landscaping. Ordinance No. 44-86, amending Chapter 9 "Buildings and Construction" of the Code of Ordinances relative to required landscaping adjacent to public rights-of-way and parking area interior landscaping, is before Council for consideration on First Reading. If passed, Public Hearing will be held November llth. -16- 10/28/86 The City Manager presented Ordinance No. 44-86: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY'OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9, "BUILDINGS AND CONSTRUCTION", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH; FLORIDA, BY AMENDING ARTICLE X, "LAND- SCAPING'', BY AMENDING SECTION 9-378 (D) "REQUIRED LAND- SCAPING ADJACENT TO PUBLIC. RIGHTS-OF-WAY" SECTION (1) BY AMENDING THE REQUIRED DEPTH FROM TEN (10) TO FIVE (5) FEET, BUT THAT IF THE ZONING CODE REQUIRES ADDITIONAL DEPTH REQUIREMENTS THAT THE ZONING CODE SHALL PREVAIL; AMENDING SECTION 9-378 (F) "PARKING AREA INTERIOR LAND- SCAPING'' SUBSECTION (1) (B) BY REQUIRING THAT THE LAND- SCAPE AREAS SHALL BE PLACED AT INTERVALS OF NO LESS THAN ONE LANDSCAPE AREA FOR EACH TEN (10) PARKING SPACES; PROVIDING A WAIVER PROVISION BY ENACTING A NEW SECTION 9-382, "MODIFICATION OF REQUIREMENT; APPEALS"; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 44-86 on First Reading, seconded by Mr. Dougherty. Upon roll call Council 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. 27. Ordinance No. 67-86 - Amending Code - In~raham Avenue Parking Lot. Ordinance No. 67-86, amending Chapter 26 "Traffic" of the Code of Ordinances to establish the Ingraham Avenue Parking Lot as a City resident only parking lot, is before Council for consideration on First Reading. If passed, Public Hearing will be held November llth. The City Manager presented Ordinance No. 67-86: 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 26-86, "PARKING PERMITS", TO ADD A NEW SUBPARAGRAPH TO ESTABLISH THE INGRAHAM AVENUE PARKING LOT AS A CITY RESIDENT ONLY PARKING LOT WHICH REQUIRES OBTAINING AN ANNUAL PARKING PERMIT IN ADVANCE AT A YEARLY COST OF $25.00 AND RE- LETTERING THE REMAINDER OF SECTION 26-68 APPROPRIATELY; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Dird moved for the adoption of Ordinance No. 67-86 on First Reading, seconded by Mr. Dougherty. Upon roll call Council 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. 28. Ordinance No. 68-86 - Amending Zoning Code - Satellite Dishes. Ordinance No. 68-86, amending Chapter 30 "Zoning" of the Code of Ordi- nances to provide for the definition of roof line, is before Council for consideration on First Reading. If passed, Public Hearing will be held November llth. The City Manager presented Ordinance No. 68-86: 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 30-17.5, "SATELLITE DISHES", BY AMENDING SUBSECTION (A), "DEFINITION" TO PROVIDE FOR THE DEFINITION OF ROOF LINE AND TO NUMBER THE SUB-SUBSECTIONS ACCORDINGLY; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. -17- 10/28/86 The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 68-86 on First Reading, seconded by Mrs. Horenburger. Upon roll call Council 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. 29. Ordinance No. 69-86 - Amending Code - Train Whistles. Ordi- nance No. 69-86, amending Chapter 16 "Offenses-Miscellaneous" of the Code of Ordinances relative to train whistles and FEC Railway right-of- way liability matters, is before Council for consideration on First Reading. If passed, Public Hearing will be held November llth. The City Manager presented Ordinance No. 69-86: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 16 , "OFFENSES- MISCELLANEOUS", SECTION 16-41, "TRAIN WHISTLES/HORN NOISE PROHIBITION", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ADDING A REQUIREMENT THAT PERSONS APPROACHING RAILROAD-HIGHWAY GRADE CROSSINGS EXERCISE REASONABLE CARE, AMENDING SECTION 16-44, "SIGNS AND NOTIFICATION", TO PROVIDE FOR THE ERECTING OF AD- VANCED RAILROAD WARNING SIGNS AND PAVEMENT MARKINGS AND ADDING A NEW SECTION 16-45, "ERECTION AND MAINTENANCE OF CROSSBUCKS", PROVIDING REQUIREMENTS FOR RAILROAD COM- PANIES TO ERECT AND MAINTAIN CROSSBUCK GRADE-CROSSING WARNING SIGNS IN ACCORDANCE WITH THE UNIFORM SYSTEM OF TRAFFIC CONTROL DEVICES; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EF- FECTIVE DATE. The City Attorney read the caption of the ordinance. Mrs. Horenburger moved for the adoption of Ordinance No. 69-86 on First Reading, seconded by Mr. Bird. Upon roll call Council 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. The City Attorney advised, for the record, that this ordinance has been reviewed by the FEC counsel and they have agreed and accepted it. 30. Ordinance No. 70-86 - Amending Zoning Code - RO (Residential Office) District. Ordinance No. 70-86, amending Chapter 30 "Zoning" of the Code of Ordinances relative to adding home occupations as a per- mitted use, providing for alternate off-street parking regulations and signage regulations, is before Council for consideration on First Reading. If passed, Public Hearing will be held November llth. The City Manager presented Ordinance No. 70-86: 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 30-8.7 "RO (RESIDENTIAL OFFICE) DISTRICT", (B) "PERMITTED USES" BY ADDING SUBSECTION (5) "HOME OCCUPATIONS, SUBJECT TO SEC. 30-17(L)", AS A PERMITTED USE; AMENDING SECTION 30-8.7 "RO (RESIDENTIAL OFFICE) DISTRICT", (J) "PARKING AND LOADING REGULATIONS" BY ADDING SUBSECTION (4) TO PROVIDE FOR ALTERNATE OFF- STREET PARKING REGULATIONS; AMENDING SECTION 30-8.7 "RO (RESIDENTIAL OFFICE) DISTRICT", (M) "SIGNS", (2) TO PROVIDE THAT THE PROVISIONS OF SECTION 9-210(A) SHALL SPECIFICALLY APPLY TO THE RO DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Upon question by Mrs. Horenburger as to where this ordinance came from and what the effect will have, Mr. Cohn advised the ordinance -18- 10/28/86 was initiated by the Planning and Zoning Board for three reasons: (1) the Board wished to allow home occupations in the RO District as they presently allow in most of the other residential districts; (2) many of the properties have difficulty in providing parking on-site so they wished to make a provision whereby if public parking lot sites were identified in the Redevelopment Plan and developed that there would be an ability toi have a payment in-lieu of parking similar to the provision in the CBD and (3) regarding signage, the Board felt that the signage allowed before was a little too large for the scale of the RO district so they went with the same regulations as in the R-1AAA district. Mr. Bird stated they are talking basically about a neighborhood which, by character, is essentially residential. The sign advertising a business should not have to be very big and he feels it certainly should not have to be 20 square feet, which is the size permitted in the R-1AAA district; he has trouble with that provision. Also, since they have required that in the RO zoning parking must be behind the buildings, he questioned how wide a driveway would have to be to get to that parking. Almost every lot in the RO district is platted 50 feet and they do not have 24 feet to give for a driveway. This issue is more important to him than the one in this ordinance being discussed. They have either got to go to a 10 foot driveway, or something which makes sense for that type of use, allow parking in front of the buildings, or they have to mandate that the alleys will be made available and allow back-out parking onto the alleys. If they do not do this they can forget about RO being a viable commercial district. Mrs. Horenburger moved that they return this ordinance to Planning and Zoning with Council's comments for reconsideration and adjustment, seconded by Mr. Bird. Upon roll call Council 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. (NOTE: Ordinance No. 70-86 was not passed on First Reading) 31. Ordinance No. 71-86 - Rubin Annexation. Ordinance No. 71-86, relative to annexing a 1.34-acre parcel, subject to RM-10 (Multiple Family Zoning) District, located on the east side of A1A between Brooks Lane and Lewis Cove, if these streets were extended eastward, is before Council for consideration on First Reading. It is zoned RM (Multiple Family Residential District, Medium Density) in the County and designat- ed MF-15 (Multiple Family-15 units/acre) on the City's Land Use Plan. If passed, Public Hearing will be held November 25th. The Planning and Zoning Board recommend approval, subject to RM District with a maximum of six dwelling units on site; Planning Director recommends approval subject to the RM (Medium to Medium High Density Dwelling) District with a maximum of eight dwelling units on site. The City Manager presented Ordinance No. 71-86: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LOCATED IN SECTION 21, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY, SAID LAND IS LOCATED ON THE EAST SIDE OF STATE ROAD A1A, BETWEEN BROOKS LANE AND LEWIS COVE, IF THESE STREETS ARE 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; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 71-86 on First Reading, seconded by Mr. Dougherty. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - No; Vice-Mayor Weatherspoon - Yes. Said motion passed with a 3 to 1 vote. Before roll call the following discussion was had: Mr. Cohn stated that this annexation petition came before Council several months ago and was originally proposed for RM-15 zoning. -19- 10/28/86 At that time staff and the P&Z Board recommended denial as they felt the density was too great to directly abut an R-1AAA district to the north. Their recommendation was for an RM zoning with a maximum of six units. In the County pocket study, which is now up at the State for review, Council reiterated that and designated the property MF-M for up to six units. The petitioner 'has now proposed a compromise and come in with a request for RM-10 zoning which would allow eight units. The P&Z Board considered the request and are recommending denial as the applicatiDn is submitted; however, they would support RM zoning with up to six units. Staff agrees with the P&Z Board in regard to the RM zoning; however, they have a difference of opinion regarding the density. They feel that eight units can be accommodated on the site. The applicant submitted a revised site plan and it appeared that up to eight units could be accommodated reasonably well. They felt that this was a reasonable compromise between the twelve which the current plan would allow and the six which they originally felt was appropriate. Council's policy has been not to use the standard zoning districts, but to use the flexible zoning districts which would be the RM. His other concern is with regard to height. There is a single family home to the north and they did not feel that a three story townhouse project was the most appropri- ate; they felt two-story would be a good transition. The RM district would restrict the project to two stories and the RM-10 would allow up to three. Alan Ciklin, representing the applicants, stated the City's Land Use Plan calls for RM-15 on this property which would allow twelve units. They feel eight is compatible; however, having three stories is very important to the success of the project. Mrs. Horenburger stated she would be more in favor of the RM zoning and allowing up to eight units in a two story building. Mr. Bird questioned if they were to pass this ordinance on first reading is there any prohibition on changing the specifics of the ordinance with regard to zoning category. The City Attorney advised that if Council were to adopt it as currently written he believes there is no prohibition to adopt it on second reading modifying that section to do RM with a maximum unit capacity. Mr. Bird suggested that Council approve this ordinance on first reading and give Mr. Ciklin and the public an opportunity to make their final input. At this point the roll was called to the motion. ~2. Ordinance No. 72-86 - Amending Code - Garbage and Trash Service Charges and Fees. Ordinance No. 72-86, amending Chapter 12 "Garbage and Trash" of the Code of Ordinances relative to increases in garbage and trash service charges and fees, is before Council for consideration on First Reading. If passed, Public Hearing will be held November llth. The City Manager presented Ordinance No. 72-86: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 12, "GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE I, "IN GENERAL", SECTION 12-15, "REGULAR CHARGES LEVIED", TO PROVIDE FOR INCREASES IN GARBAGE AND TRASH SERVICE CHARGES AND FEES; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 72-86 on First Reading, seconded by Mrs. Horenburger. Upon roll call Council 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. 33. Ordinance No. 73-86 - Amending Zoning Code - Minimum Floor Area Requirements. Ordinance No. 73-86, amending Chapter 30 "Zoning" of the Code of Ordinances relative to minimum floor area requirements for multi-family housing in certain zoning districts, is before Council for -20- 10/28/86 consideration on First Reading. If passed, Public Hearing will be held November llth. The City Manager presented Ordinance No. 73-86: 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 30-6.5 "RM (MEDIUM TO MEDIUM HIGH DENSITY DWELLING) DISTRICT", (E) "AGGREGATE FLOOR AREA" TO REDUCE THE MINIMUM FLOOR AREA REQUIREMENTS FOR MUL- TIPLE FAMILY DWELLING UNITS; AMENDING SECTION 30-7 "RM-10 (MULTIPLE FAMILY DWELLING) DISTRICT", (E) "AGGREGATE FLOOR AREA" TO REDUCE THE MINIMUM FLOOR AREA REQUIREMENTS FOR MULTIPLE FAMILY DWELLING UNITS; AMENDING SECTION 30-7.5 "RH (MEDIUM HIGH TO HIGH DENSITY DWELLING) DIS- TRICT'', (E) "AGGREGATE FLOOR AREA" TO REDUCE THE MINIMUM FLOOR AREA REQUIREMENTS FOR MULTIPLE FAMILY DWELLING UNITS; AMENDING SECTION 30-8 "RM-15 (MULTIPLE FAMILY DWELLING) DISTRICT", (E) "AGGREGATE FLOOR.AREA" TO REDUCE THE MINIMUM FLOOR AREA REQUIREMENTS FOR MULTIPLE FAMILY DWELLING UNITS; 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. '73-86 on First Reading, seconded by Mr. Bird. Upon roll call Council 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. Mrs. Horenburger left the Council Chambers at this time. 34. Ordinance No. 74-86 - Amending Code - Junk Cars. Ordinance No. 74-86, amending Chapter 14 "Junk, Junk Yards and Automotive Repairs" of the Code of Ordinances relative to junk cars, is before Council for consideration on First Reading. If passed, Public Hearing will be held November llth. The City Manager presented Ordinance No. 74-86: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 14, "JUNK, JUNKYARDS AND AUTOMOTIVE REPAIRS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING ARTICLE I, "IN GENERAL"; BY ENACTING A NEW ARTICLE I, "ABANDONED PROPERTY", TO PROVIDE FOR THE DISPOSITION OF WRECKED AND ABANDONED PROPERTY WITHIN THE CONFINES OF DELRAY BEACH, FLORIDA; BY ENACTING A NEW SECTION 14-1 "DEFINITIONS", BY ENACTING A NEW SECTION 14-2, "ABANDONMENT OF PROPERTY OR WRECKED OR INOPERABLE MOTOR VEHICLES ON PUBLIC PROPERTY PROHIBITED AND DECLARED A NUISANCE" PROVIDING FOR A PROHIBITION AGAINST THE STORAGE OF ABANDONED, WRECKED OR INOPERABLE MOTOR VEHICLES ON PUBLIC PROPERTY AND PRO- VIDING A NOTICE PROVISION PROVIDING FOR REMOVAL OF SAID PROPERTY; BY ENACTING A NEW SECTION 14-3, "STORING, PARKING, OR LEAVING WRECKED OR INOPERABLE MOTOR VEHICLES ON PRIVATE PROPERTY, PROHIBITED AND DECLARED A NUISANCE; EXCEPTIONS", PROVIDING A PROHIBITION AGAINST THE STORAGE OF PERSONAL PROPERTY ON PRIVATE REAL PROPERTY, PROVIDING FOR EXCEPTIONS, PROVIDING A NOTICE CLAUSE, PROVIDING A HEARING, AND PROVIDING FOR REMOVAL OF THE PROPERTY; BY ENACTING A NEW SECTION 14-4, "NUISANCE ABATEMENT BID PROCEDURE"; BY ENACTING A NEW SECTION 14-5, "ASSESSMENT OF COSTS, INTEREST AND ATTORNEY FEES; LIEN", PROVIDING FOR THE ASSESSMENT OF COSTS AND ENFORCEMENT OF SUCH COSTS; BY ENACTING A NEW SECTION 14-6, "REPAIR OPERATIONS TO BE CONCEALED", PROVIDING FOR SCREENING OF REPAIR WORK; BY AMENDING ARTICLE II, "JUNKYARDS" ENACTING A NEW SECTION 14-17, "DEALERS TO KEEP RECORDS PROVIDING FOR RECORD KEEPING BY JUNK DEALERS; PROVIDING A GENERAL -21- 10/28/86 REPEALER CLAUSE; PROVIDING A SAVING CLAUSE AND PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 74-86 on First Reading, seconded by Mr. Dougherty. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Vice-Mayor Weatherspoon - Yes. Said motion passed with a 3 to 0 vote. Mrs. Horenburger returned to the Council Chambers at this time. 35. Security System - Public Safety Building. Council is to consider award of contract to VCC Technologies, Inc., the low bidder, for Security System for the new Public Safety Building Project, in the amount of $72,000, with funds to come from the 1985 General Obligation Bond Issue/Public Safety Facility Fund. Approval is recommended. Digby Bridges, Project Architect, stated they have researched all three of the bidders and are recommending that Council go with VCC Technologies, provided he meet some certain items. He stated that should they fail to come up with an irrevocable letter of credit from their bank, resumes and licenses indicating their qualifications and ability to work, evidence of all necessary insurance and be able to start within ten days of signing the contract he would like to hold the option of going to the second lowest bidder, Hobe Sierra, without coming back to Council. Mr. Bird moved that a contract be awarded to the low bidder, VCC Technologies, Inc., subject to the conditions as outlined by Mr. Bridges, seconded by Mrs. Horenburger. The City Attorney advised he feels Council should set a date certain for VCC Technologies to meet the qualifications. Mr. Bird amended his motion to show that VCC Technologies, Inc., has until the close of business Wednesday to satisfy the condi- tions, other than the start of work, Mrs. Horenburger amended her second. Upon roll call Council 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. 37. Waiver of Landscapin~ Set Back - Roger Boos. Mr. Bird moved to allow the waiver as requested to allow the setback to be landscaped to five feet, seconded by Mrs. Horenburger. Upon roll call Council 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: The City Attorney advised that, based on the new ordinance, Council has to make a factual finding that this is an emergency. Mrs. Horenburger stated it is an emergency from the standpoint that the City gave Mr. Boos incorrect information and he relied upon that and started building. The City Attorney stated he has some concerns with regard to where the requirements of setbacks are found. If the setbacks are a part of the landscape code then it is alright; however, if the setbacks are to be found in the Zoning Code, then he does not feel Council has the authority to waive the requirements. Mr. Bird stated the Building Department applied the Landscape Ordinance; unfortunately, they did not apply the revised ordinance he is in violation of as it is not yet codified. The City Attorney stated that raising an estoppel argument, which he feels Mr. Boos is raising based upon his reliance on outdated codes, and for Council to grant an exception is bad precedence. -22- 10/28/86 Mr. Bird stated that the citizenry is entitled to hold the City the premiere interpreters of the code; if we cannot do it he would not hold anyone else responsible. At this point the roll was called to the motion. Vice-Mayor Weatherspoon declared the meeting adjourned at 11:35 P.M. ~-- U Cit~ Cl'erk 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 Council of October 28, 1986, which minutes were formally approved and adopted by the City Council on ~. ~ /~ . City Clerk NOTE TO READER: If the minutes that you have received are not completed as indicated above,, then this means that these are not the official minutes of City Council. 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. -23- 10/28/86