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10-11-83 OCTOBER 11, 1983 A regular meeting of the City Council of the City o~ belray Beach, Florida, was called to order by ~ayor Willard V. Youn9 an the Council Chambers at City Hall at 7:01 P.M., Tuesday, October 11, 1983. 1. Roll call showed: Present - Council hember ~alcolm T. Bird Council hember Doak S. Campbell (7:05 P.~l.) Council hember Arthur Jackel Council ~ember Edward L. Perry 5]ayor Willard V. Youn9 Absent - None Also present were - City ~anager Willlam H. Law, Jr., and City Attorney Herbert W.A. Thiele. 2. The opening prayer was delivered by Reverend A.A. Array, Church of the Palms. 3. The Pledge of Allegiance to the flag of the United btates of America was given. 4. ~. Perry moved for approval o~ the minutes of the ~egular ~eeting of September 27, 1983, seconded by ~. Bird. Said motion passe~ unanimously. Before roll call ~. Jackel requested clarification o~ 5~. Campbell's motion to have a special meeting on October 17th at 5:30 P.~. for the "final selection process for the City hanager", hr. Campbell advised that was the correct wording of the motion. Mayor Youn9 acknowledged the Cub Scouts from the Rubello Pack #'317 and requested that they be recognized. 5.a.1, ROsetta Rolle, 301 N.W. 3rd Avenue, requested that Council give some thought to trash pickup within the City. 5.a.2. Richard Brown, 301 N.W. 7th Avenue, stated that trucks have been dumping trash in the lot behind his property. Re has complaine~ to the City's Code Enforcement Department but to date there has been no action taken. ~r. Bird advised that there is no authority w~thin the Cit~ to dump on vacant property. He suggested that the City Attorney get the necessary information from the Code Enforcement Department and take the appropriate action. 5.a.3. Alice Finst, 707 Place Tavant, stated that more people seem to be attending Council meetings. &he requested that a speaker be placed in the lobby and the chair cart be returned so that there is seating available for the people in the foyer area. 5.b.1. ~. Jackel stated that due to recent events they shoul~ postpone the final date of the selection of the Cit~ hanager by approx- imately one month, the number of candidates should be reduced to six an~ public interviews should be held. He also suggested that rather t~an have a citizens committee check the resumes it should be done by the Police Depar~aent who are experts in investigative work. ~e woul~ like the consensus of Council on this su99estion. ~ayor Young stated that he has personally ~nterviewed seven of the candidates and eliminated four and that to his ~nowledge the other Council members have not been delinquent in their investigations. Mr. Bird suggested they go ahead with the meetin9 on October 17th as scheduled, if only to start the process. He feels that checking out resumes would be more productive than public interviews; a person who interviews well may not perform well. It is Council's obligation to find the best, most competent manager for the City. Mr. Perry stated he agrees that they should go ahead witn the meeting and shortlist the number of candidates. He does not feel that the Police Department could find out any more than Council by examining the resumes; however, he does feel that the~ should hold the public interviews as there are some questions that should be asked by Council and the citizens. * hayor Young stated that as a result of his investigations he has found out that one of the candidates on the approved list has been given a medical furlough. He feels this proves that by proper investiga- tion on the part of Council this type of information can be brought out. He feels the process should begin at their scheduled meeting. It was the consensus of Council to begin the final selectaon process at their scheduled meeting on October 17th at 5:30 P.h. 5.b.2. ~. Bird suggested that at their next workshop meetang Council should consider a Charter Amendment relative to the Internal Auditor. He feels the Internal Auditor should be an independant agent, free from administrative pressure and able to respond to Council. 5.b.3. ~. Perry stated that earlier this evening they acknowledged the cub scouts from Rubello Pack #317. He feels they should also acknow- ledge 5~. hike Machek who has been the Scoutmaster of Pack #302 for 35 years. 5.b.4. Mr. Campbell requested clarification from the Cat~ ~anager that item 25, on the consent agenda, is relative to the park on A1A and that F~. Walsh has agreed to replace cabbage palms with coconut palms when he does his landscaping plans. The City Manager advised that is correct. 5.b.5. ~. Campbell questioned whether the Administration is work- ing on the specifications for furniture in City Hall. The City 5~anager advised that they are awaiting response from the bidders and, at such time as they do give staff a proposal, it will be before Council. 5.b.6. Mr. Campbell stated that, with regard to the City obtaining 'appropriations for the Lake Ida Road expansion, there has been con- siderable controversy revolving around the four-lanan9. ?he County and the Metropolitan Planning Organization have agreed that Lake Ida Road would be expanded only after they have received some general consensus from the citizens in that area, the County and other areas of the City. He feels it is now generally felt that this is not a pro3ect which would be appropriate. He would like to see that the monies, which were appro- priated for Lake Ida Road, be kept within the City oi De lra3 ~or other necessary projects. Mr. Campbell moved that they send a resolution to the hPO, with regard to funds that will be then and therefore deviated from the Lake Ida Road project, requestin§ that insteaG of Lake Ida koad being originally four-laned only necessary intersection and drainage improve- ments be carried out on Lake Ida Road; the balance of funds therefore go towards the improvement of Linton Boulevard which wall turn it ~nto an urban six lane thoroughfare, which can be beautified with curD, gutters and sidewalks; after that the money then go towards Swinton Avenue an con~unction with the City's 1st Street pairing and any money left over go towards either Congress Avenue or Dixie Highway, particularly an Boca Raton since these are connector roads and very important in the trat~ac between sister cities, seconded by ~. Jackel. Before roll call the following dascussion was had: * Please see October 25th minutes for amended wording. - 2 - 10/11/83 Mr. Jackel suggested an amendment to the motion changing the word improvement to "resurface" relative to Lake Ida Road. He feels the citizens in that area want more than just improvements done to the road and the drainage. Mr. Campbell amended his motion as suggested by 5~. Jackel. 5~. Bird questioned whether the improvements to Linton Boulevard would be the entire road or from 1-95 to Dixie Highway. hr. Campbell advised that his motion should have read "Linton Boulevard from 1-95 to Dixie Highway" and further amended his motion. ~ayor Young stated he would also like the specifications as to where the turning lanes and drainage system are so that there is no question when it comes before the MPO. It is his understanding they are at the corner of Lake Ida Road and Congress Avenue. He requested that Mr. Campbell amend his motion to include these specifications. Mr. Campbell amended his motion as requested by hayor Youn9. 5~. Perry stated that at this time there is a considerable traffic impact on Lake Ida Road. There are many new developments start- ing in this area and he feels there is a definite need for four-laning. This is something which they have to consider doing either now or within the next five years; if they leave it till later the cost will be double or more than it would cost today. He cannot go along with this resolu- tion if it were to weaken the possibility of Lake Ida becomin9 a four lane road. Alice Finst stated that this morning the President of the Homeowners League of Chatelaine and she met with the City Engineer and reviewed the plans for Lake Ida Road. She requested that ~. Campbell's motion be expanded to include the possibility of having a bike path on the south side of Lake Ida Road, a pedestrian walkway at Barwick and Lake Ida Road and a traffic control light at Boulevard Chatelaine, should it be warranted. If these are not included now the chances of getting them will be very far down the way. She also requested that Council give the homeowners some time to discuss the resurfacing as there are other plans as to how Lake Ida Road can be two-laned. Mr. Campbell stated that one of the problems they are facin9 is a time constraint and the money is now coming in under the new tax revenue on the gasoline tax. Mrs. Finst requested that they include the traffic light an~ the bike bath, at least open for conversation. ~. Campbell stated he would be amenable to that. 5~. Jackel stated that he personally called most of the homeowners along Lake Ida Road and the consensus of the citizens was that they do not want the road widened; however, the~~ would like to see it resurfaced and the drainage problem taken care of. hayor Young stated that while Lake Ida Road is not a through thoroughfare it is a collector road and as such is high on the ~PO's list to receive the improvements. However, there are not the funds to carry through with some of the items suggested by 5~s~ Finst. Mr. Perry stated that they have already spent a considerable amount of money to realign the drainage system on Lake Ida Road with the expectation of it becoming a four lane road. Upon question by 5~. Perry, hr. Campbell stated that if, in five years, the money is available and the people decide they want four-laning the City has the right-of-way to expand the.road on either side. - 3 - 10/11/83 stanley Katz, 1421 S.~4. 27th Avenue, stated that Linton Boulevard has already been considered for four-laning west of Congress Avenue. He does not feel they need to construct six lanes east of Congress Avenue as this will create a bottle neck situation. Mr. Campbell clarified that the extra lane on Linton Boule- vard which they were discussing is an access lane going west for 1-95 and a ramp lane coming off 1-95 going east. If you six lane Llnton Boulevard from 1-95 to Dixie Highway you will have a ramp lane which will be a safety factor for people cumin9 off and turnin9 onto 1-95. At this point the roll was called to the n~otion and upon roll call Council voted as follows: l~. Bird - Yes; hr. ~anlpDell - Yes; 5~. Jackel - Yes; ~. Perry - No; hayor Young - Yes. Said motion passe~ with a 4 to 1 vote. 5.b. 7. ~ayor Young presented and read a proclamation commen~in9 Todd Clark, Eagle Scout for his outstanding accomplishments. 5.b.8. ~yor Young presented and read a proclamation proclaim~n9 the week of October 6 - 22, 1983 as "Credit Union Week". 5.b.9. ~iayor Young presented and read a proclamation proclaiming the week of November 20 to 27, 1983 as "Bible Week". 5.c. The City Attorney requested that item 13 be deleted from the agenda as there are some technical corrections to be made and the~ have to go back to first reading. 5.d. There were no Non-Agenda items by the City hanager. 6. ~. Bird moved for approval of the agenda with the excei~tlon of item 13 to be deleted, seconded by ~nc. Perry. Said motion passed unanimously. Mr. Jackel requested that item 19 be removed from the con- sent agenda and placed as first item on the regular agenda. Mr. Bird advised that once they get to the consent a~enda they will know whether or not they need to discuss item 19 or not as ~t is related to items 11 and 12; therefore, there is no need to remove it at this present time. PUBLIC HEARING 7. Ordinance No. 69-83 - Dumar Plaza Annexation. Ordinance No. 69-83, relative to annexing a 0.32 parcel of land, subject to (~ultiple Faultily Dwelling) District, located east of Federal Highwa~ between Avenue "H" and Avenue "I", is before Council for consideration on Second and FINAL Reading. Prior to consideration of passage o~ this ordinance on Second and FINAL Reading, a public hearing has been sched- uled to be held at this time. The City 5~anager presented Ordinance No. 69-~3: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF bhL~AY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOTS 31 THROUGH 36, INCLUSIVE, BLOCK 27, DEL RATON PARK, SUBDIVISION AS RECORDED IN PLAT BOOK 14, PAGES 9 AND 10, IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, %~HICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMI'£$ OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGA- TIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF. (Copy of Ordinance No. 69-83 is on file in the o~fic~al Ordinance Book) The City Attorney read the caption of the ordinance. public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter ut the ~lty Delray Beach, Florida. The public hearing was closed. - 4 - 10/11/83 Mr. Bird moved for the adoption of Ordinance No. 69-83 on Second and FINAL Reading, seconded by bna. Jackel. Upon roll call Coun- cil voted as follows: ~. Bird - Yes; Mr. Campbell - Yes; ~r. Jackel - Yes; Mr. Perry - Yes; ~.iayor Young - Yes. Said motion passed with a 5 to 0 vote. 5Ir. Bird left the Council Chambers at this time. 8. Ordinance No. 70-83 -Chan~in~ the City'S Land-Use Plan besisnation. Ordinance No. 70-83, relative to changin9 the City's Land Use Plan Designation in the Comprehensive Plan for a parcel ot land located east of Federal Highway between Avenue "H" and Avenue "I" ~rom MF-6 (Multiple Family) to MF-10 (hultiple Family), is before Council ~or consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public nearln9 has been scheduled to be held at this time. The City 5~anager presented Ordinance No. 70-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF bELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE PLAN DESIG- NATION IN THE COSIPREHENSIVE PLAN FOR LOTS 31 THROUGH 36, INCLUSIVE, BLOCK 27 , DEL RATON PARK , A SUBDIVISION AS RECORDED IN PLAT BOOK 14, PAGES 9 AND 10, IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LOCATED EAST OF FEDERAL HIGHWAY, BETWEEN AVENUE "H" AND AVENUE "I", FROb~ MF-6 (MULTIPLE FAMILY) TO MF-10 (~]ULTIPLE FA5]ILY); Ab~END- ING THE LAND USE PLAN; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 70-83 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City oC Delray Beach, Florida. The public hearing was closed. Mr. Perry moved for the adoption of Ordinance No. 70-83 on Second and FINAL Reading, seconded by ~n~. Jackel. Upon roll call Coun- cil voted as follows: ~. Campbell - Yes; [<r. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 4 to 0 vote. 9. Ordinance No. 71-83 - Dumar Plaza Rezoning. Ordinance No. 71-83, relative to rezoning to SC (Specialized Commercial) approval, is before Council for consideration on Second and FINAL Readln9. The property is located east of Federal Highway between Avenue "H" and Avenue "J ". 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 ~anager presented Ordinance No. 71-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CI'I'Y OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESEN%~LY ~ONED RM-10 (MULTIPLE FAncILY DWELLING) DISTRICT IN SC (SPECI- ALIZED COMMERCIAL) DISTRICT, THE WEST 118 FEET OF DUPER PLAZA, AS RECORDED IN PLAT BOOK 44, PAGES 188 AND 189 OF THE OFFICIAL RECORDS OF PALh BEACH COUNTY, FLORIDA, LOCATED EAST OF FEDERAL HIGHWAY, BET%~EEN AVENUE "H" AND AVENUE "J", AND AMENDING "ZONING PalP OF DELRAY BEACH, FLORIDA, 1983". (Copy of Ordinance No. 71-83 is on file in the of Clcial Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter o~~ the City o~ Delray Beach, Florida. The public hearing was closed. - 5 - 10/11/83 Mr. Perry moved for the adoption of Ordinance No. 71-83 on Second and FINAL Reading, seconded by ~. Jackel. Upon roll call Coun- cil voted as follows: ~. Campbell - Yes; hr. Jac~el - ~es; hr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 4 to 0 vote. Mr. Bird returned to the Council Chambers at this time. 10. Ordinance No. 72-83 - Chan~in~ the City's Land Use Plan Designation. Ordinance No. 72-83, relative to changln9 the City's Land Use Plan Designation in the Comprehensive Plan for a parcel o~ land located east of Federal Highway between Avenue "H" and Avenue "J" fro~ hF-10 (~lultiple Family) to C (Commercial), is before Council ~or con- sideration on Second and FINAL Readin9. Prior to consideration o~ passage of this ordinance on Second and FINAL Reading', a public nearln9 has been scheduled to be held at this time. The City ~anager presented Ordinance No. 72-83: AN ORDINANCE OF THE CITY COUNCIL OF TH~ CITY OF DELRAY BEACH , FLORIDA, CHANGING THE CITY' ~ LAND USE PLA~ DEblG- NATION IN THE COMPREHENSIVE PLAN FOR THE WEST 118 FEE~£ OF DU~%R PLAZA, AS RECORDED IN PLAT BOOK 44, PAGES 18~ AND 189 OF THE OFFICIAL RECORDS OF PAL~ BEACH COUNTY, FLOk- IDA, FROh MF-10 ~]ULTIPLE FAMILY TO C-COS~ERCIAL; AMENDIN~ THE LAND USE PLAN; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 72-~3 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter o~ the Clt~ o~ Delray Beach, Florida. The public hearing was closed. hr. Jackel moved for the adoption of Ordinance No. 72-S3 on Second and FINAL Reading, seconded by ~. Perry. Upon roll call Council voted as follows: ~. Bird - Yes; 5Ir. Campbell - Yes; ~. Jackel - Yes; Mr. Perry - Yes; hayor Young - Yes. Said motion passed with a 5 to U vote. 11. Ordinance No. 73-83 - isles of belra~. Ordinance No. 73-83, relative to rezoning to PRD-4 (Planned Residential bistrlct) approval, is before Council for consideration on Second and FINAL Read- ing. The property is located at the northeast corner of Lake Ida koad and 1-95. Prior to consideration of passage of this ordinance on becond and FINAL Reading, a public hearing has been scheduled to be held at this time. The City ~anager presented Ordinance No. 73-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF bELRAY BEACH, FLORIDA, REZONING AND PLACING LANb PRESENTLY ZONED R-1AA (SINGLE FAncILY ~ELLING) DISTRICT IN PRD-4 (PLaNNEb RESIDENTIAL) DISTRICT A PARC~.L OF LAND LOCATED IN SECTION 8, TOWN~IP 46 SOUTH, RANG~ 43 EAST, LOCATED A~£ THE NORTHEAST CORNER OF LAKE IDA ROAD AND 1-95, AND AhENDIN~ "ZONING ~P OF DELRAY B~ACH, FLORIDA, 1983". The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compllance with the laws of the State of Florida and the Charter of the C~ty o~ Delray Beach, Florida. Ro~er Saberson, attorney representin9 the petitioner, stated that the proposed project contains 105 patio homes and 48 townhouses. He introduced 5~. Marvin Sanders, planner ~or the development, who presented drawings of the site plan and of the plantin9 and configura- tion of the units, hr. Sanders described the units and exFlalned what the developers are planning to do with regard to the canals and recrea- tional facilities. - 6 - 10/11/83 Mr. Campbell stated that as he understands it the developer is taking the property as presently zoned and not increasing, by number of units, the density on the property. With that in mind, ne questioned why they are wanting to rezone to PRD-4. Roger Saberson replied that the amenity value and desir- ability of the project depends largely on the canal system which is now there. They are also exceeding the maximum square footage permitted under R-1AA in some of the units; therefore, rezonin9 to PRb-4 seemed the most reasonable thing to do. Mr. Campbell advised that the last time the petitioners came before Council they indicated they would be willing for t~e City to initiate an immediate follow-up to an SAD zoning if they were to receive PRD-4 zoning approval. With SAD zoning the City could lock then~ into this site plan and specific use, they could only build units of this size, character and location and there could be no deviation from that. This could be deemed under some people's interpretation as an upgrading of the property rather than a downgrading. ~r. Perry stated he feels the multi-family housing in the center of the site, which is not within the R-1AA concept, is definitely downgrading to the property. Mr. Jackel stated although this is supposed to be a family development he would not like to bring up children in an area with all these canals and feels they are creating a hazardous situation. Roger Saberson stated that Council has to consider what can now be built in this area under the existing zoning. He questioned if the policy decision they are making, the kind of decision that is going to foster the improvement of the area, with standards above the ex~stln9 zoning, or will it compel the developer into a choice where he has to go in and meet the minimum standards. They had a survey done o~ the area in the vicinity of this pro3ect to see to what degree the square foot- ages in their project are comparable; 84% of the homes are equivalent or less in square footage than the patio homes they are proposing. Franklyn D. Wheat, realtor, outlined the assessed values and sale prices of the surrounding properties to this pro3ect. Bill ~achad, 510 Sunshine Drive, stated the minimum square footage allowed within PRD-4 is 400 square feet. They were informed by the Planning and Zoning Board that the developer could file the plan and change it to smaller housing without another public hearing. ~r. Campbell stated that the attempt here is not to create a PRD-4 zoning category. It is Council's understanding that immediately afterwards the City will initiate an SAD zonin9 which will, in essence, do away with PRD-4 and create and lock in the site plan. Therefore, t~e developer has to build the homes exactly as shown on the site plan and there is no deviations from that or he will have to come back through the entire process again and receive another approval. When this or- dinance came before Council on first reading the developer agreed to voluntarily accept an SAD zoning by the City. George' OSlin stated that the people who signed the petition against this site were under the impression the houses would be a m~n- imum of 1,000 square feet and the lots would be a minimum o~ 4,500 square feet. He feels that the presentation and discussions, which have gone on tonight, have clarified the situation somewhat; however, he would like to see Council deny this rezoning until an &AD is guaranteed. Joseph Martin, Hibiscus Lane, stated he feels what Delray lacks is development for family housing. There are very few sub- divisions left in the City to develop this kind of project and he feels that this particular site is a suitable and viable development which they can adopt, support and be proud of. - 7 - 10/11/83 Phyllis' Plume, 409 Lake Drive, stated that she is opposed to this rezoning as this is one of the last parcels of single family zoning in the City. The intent of PRD was never to impose it on a single family parcel of land which is exactly what is happenin§ here. Walter Blake advised that he owns one of the 37 lots within Isles of Delray, which has already been platted. His lot has a 90 foot frontage; the property contiguous to-his, if Council approves the re- zoning, will have a 60 foot frontage. There are also considerable differences between the setbacks and he would like Council to consider if what is being proposed, as compared to the platted section, is in the best interests of the citizens. He suggested that Council leave the platted section alone, as it has already been approved, an~ make the developer file deed restrictions for the remainder of the site which would be non-amendable or changeable without the written consent of the City. Robert Lawson, 910 Lake Shore Drive, questioned how much wider the developer will be making the canals and what will happen i~ the permits to widen it are not obtained. Mr. Sanders replied that they will be w~dening the canals from 40 feet to 60 feet. He explained that they are currently proces- sing the permits and feel that their proposals will meet the desires of the various boards. If the permits are not granted the existin9 canals on the north and east would remain the same. Upon question by ~. Lawson, ~. Bird stated that if this developer cannot comply with his site plan and the property reverts back to R-1AA, after sos~ portion has been developed, it will be difficult to get back to the minimum lot size. The protection they are look~n9 for is to make sure that no other plan should be allowed except Dy going through the public disclosure process again. Any successor to this developer would be bound by the SAD zoning. David Ledbetter, N.%~. 7th Street, stated the original sti~- ulation with this development was that there would not be an access road from 8th Avenue and questioned if that was still the case. ~. Bird advised there would still be no access from 8th Avenue. ~. Ledbetter also suggested that Council request the developer to move the recreation center from the outer part of the development into the center. Eva %~n~, 523 Enfield koad, stated she is also concerned with the location of the recreation center. This was Drought uF at the Planning and Zoning Board meeting and apparently the developer did not care to change his plans. Kathi Sumrall, Planning and Zonin9 Board member, stated at the P & Z meeting they did request that the developer move the recrea- tional facilities and increase the parking area; however, the developer did not fe~i that was necessary. Alexander Simon, Planning and Zoning Board member, stated he feels Council has several options: one is to go with ~Ab, which would freeze the plan; the second would be to reject the plan and the third would be to send this back to the Planning and Zoning Board who could work with the developer and perhaps make some minor changes in the site plan to the benefit of the citizens. ~r. Jackel stated that in view of the fact the developer has presented the same site plan as was shown to the Planning and ~oning Board, without taking any of their suggestions seriously, it may be a good idea to send it back to them for some more work. 5~. Jackel quoted from Section 30-23 of the zoning code which sets out the standards ~or evaluating rezoning requests; he questioned whether these criteria have been answered. He feels that with the present site plan and downgradin9 of the zoning he cannot accept the reasoning which he has heard tonight and 'approve the ordinance. - 8 - 10/11/83 Mr. Perry stated he does not feel it is incumbent on this Council and City to help a developer who has possibly made a bad ~eci- sion. Mr. Campbell stated he is very concerned with providin9 new developments and housing opportunities for people in the City. There will be a lot of new industry coming into Delray and he questioned where the people will go. He has some serious reservations about this pro~ect and there is some additional information he would like to find out. Mr. Campbell moved to postpone this item for two weeks until he has had a chance to get some questions answered, seconded by ~. Bird. Upon roll call Council voted as follows: ~. Bird - Yes; ~. Campbell - Yes; Mr. Jackel - No; 5~. Perry - No; Mayor Young - Yes. Said motion passed with a 3 to 2 vote. The City Attorney clarified that the motion would De to postpone Ordinance No. 73-83 for two weeks and continue the public hearing on October 25, 1983. Mayor Young declared a recess the time being 9:39 P.h. The meeting was reconvened the ti~ being 9:45 P.~. 12. Ordinance No. 74-83 - Changing the City's Land Use Plan Designation. Mr. Perry moved to postpone Ordinance No. 74-83, along with Ordinance No. 73-83, and item 19 from the consent agenda for two weeks and make them all part of the same package, seconded by 5~. Bird. Said motion passed unanimously. CONSENT AGENDA 5~. Bird requested that item 25 be removed from the Consent Agenda and placed as first item on the Regular Agenda. The following items are to be considered by Council as the Consent Agenda: 14. Request for Solicitation of Funds - League of %~omen Voters of South Palm' Beach County, Inc. Council is to consider approving solicitation of funds from November 7 through November 18, 1983. Ap- proval is recommended. 15. Re~lat Approval - Dumar Plaza. Council is to consider a replat request for the entire site of Dumar Plaza, an existing profes- sional office development located east of Federal Highway between Avenue "H" and Avenue "J". This was approved 5-0 by the Plannin9 and ~on~ng Board. 16. Conditional Use Approval - Dumar Plaza. Council is to consider a request for conditional use approval to allow alternate off-street parking on an adjoining parcel for Dumar Plaza. This was approved 5-0 by the Planning and Zoning Board sub3ect to the followin9 conditions: (1) That a Unity of Title, acceptable to the City Attorney, be recorded before this action becomes effective; (2) Director of Public Utilities' ~morandum of August 15, 1983; (3) That the only use to be permitted hereunder is as follows: Parking lot, serving as an al- ternate off-street parking area for Dumar Plaza; (4) That the project be completed in accordance with the followin9 approved plans: Dumar Plaza, Delray Beach, Florida, prepared by Everardo R. Garcia, Architect, 290 E. Fern Drive, Boca Raton, Florida, Sheet No. A-l, revised June 6, 1983 and June 24, 1983, Sheet Nos. A-2 through A-8 dated ~]arch 30, 1982; all of which are - 9 - 10/11/83 incorporated by reference and made a part hereof and upon which the City has relied in granting this approval; and (5) That the time limitation of this approval pur- suant to Sec. 30-21(E) of the Zoning Code shall be twelve months. 17. Extension of Site and Development Plan A~roval - Le Village De Provence. Council is to consider a request for one-year extension of site and development plan approval for Le Village De Provence to October 27, 1984. The subject property is located east o~ Barwic~ ~oad between the L-32 Canal and North Drive of High Point. This was approved 5-0 by the Planning and Zoning Board subject to the following condi- tions: (1) City Engineer's memorandum of harch 12, 1982: (a) Dumpster locations to be approved by Sanita- tion Department; (b) All internal pavement markings to be white; (2) City Engineer's memorandum of August 11, 1983; (3) Acting Director o~ Public Utilities' memorandum of February 12, 1982: (a) Irrigation to be from a source other than City Water if such water is suitable for irrigation; (4) City Horticulturist's memorandum of February 24, 1983: (a) A tree removal permit must be obtained before site work is commenced; (5) Fire ~rshal's memorandum of August 10, 19~3; (6) That the sum of $500.00 per dwelling unit be paid to the City as payment in lieu of the Park and Recreation Land Dedication requirement; (7) ?hat the berm (or spoilbank) along the south side of the L-32 Canal be retained as a buffer; and (8) That development be completed in accordance with the approved site and development plans re: bite Plan for Le Village De Provence dated February 1983, prepared by Arthur V. Strock and Asso- ciates, Inc., 355 N.E. 5th Avenue, Suite 5, Delray Beach, FL 33444; and typical first and second floor plans (page 1 of 2), and typical front and side elevations (page 2 of 2) dated August 10, 1982, prepared by henendez and Asso- ciates, West Palm Beach, Florida; and Landscape Plans, Sheet No. L2, L3 and L4 dated ~eptember 15, 1983 prepared by Delray Landscape, Delray Beach, Florida; all of which are incorporated by reference and made a part hereof and upon which the City has relied in grantin9 this approval. 18. Final Plat A~rOval - Rainberr~ Ba~, Sections 8 & 9. Council is to consider a request for final plat approval for Rainberry Bay, Sections 8 & 9. This was approved 5-0 by the Planning and Zoning Board. 19. site and DeVelopment Plan A~roval - Isles of De lray. This item has been postponed until the next regular meetin9. 20. Final Plat A~roval - Congress Square (Phase II). Council is to consider a request for final plat approval for Congress Square (Phase II), located at the southwest corner of Atlantic Avenue and Congress Avenue. This was approved 5-0 by the Planning and Zoning Board subject to the following condition: Developer will contribute the road impact fee to Palm Beach County at such time as the County begins the four laning of Congress Avenue, or as stated in the road impact ordinance, whichever comes first. Total contribution is $123,000.00. Developer will bond the contribution until collection. - 10 - 10/11/~3 21. Change Order - Cit~ Hall Expansion and Alterations. Coun- cil is to consider a change order decreasing the contract .~rice by Cox and Palmer Construction Corporation in the amount of $2,800 for the fol lowing: Allowance for purchase of kitchen equipment $2,200.00 Allowance for direction and information signs for City Hall $ 600.00 22. Representation Before the City's Boards and Committees. Council is to consider approving the City 5~anager's directive to the Chairmen of the Boards and Committees. Approval is recommended. 23. ReZoning Request - East of Federal Highway, Between Avenue "H" and Avenue "I". Resolution No. 87-83, requesting permission from the Palm Beach County Board of Commissioners to rezone land annexed from RS (Single Family Residential) (County) to Rh-10 (hultiple Family Dwel- ling District) (City), is before Council for consideration. This was approved 5-0 by the Planning and ~.oning Board. The caption of Resolution No. 87-83 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING PERMISSION FROh THE BOARD OF COUNTY CO~MI SSIONERS, PURSUANT TO FLORIDA STATUTES 171. 062, TO REZONE LAND ANNEXED TO THE CITY OF DEL~AY BEACH, FROM THE COUNTY ZONING CLASSIFICATION RS (SINGLE FAMILY RESIDENTIAL) TO THE CITY'S ZONING CLASSIFICATION R~-10 (hULTIPLE FA~v~ILY DWELLING) DIS~fRICT. (Copy of Resolution No. 87-83 is on file in the official Resolution Book) 24. Sanitary Sewers and Water Utilities Acceptance. Resolution No. 95-83, accepting sanitary sewers and water utilities as operational as recorded in the plat of Dumar Plaza, is before Council for considera- tion. Approval is recommended. The caption of Resolution No. 95-83 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL THE SANITARY SEWERS AND %;ATER UTILITIES INSTALLED IN DUEIAR PLAZA, AS RECORDED IN PLAT BOOK 44, PAGES 18~ & 189 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS OPERATIONAL AND SETTING THE INITIAL SCHEDULE OF RATES, FEES AND OTHER RELATEb CHARGES TO BE IMPOSED FOR THE SERVICES AND FACILITIES FURNISHED BY SAID UTILITIES; PROVIDING THAT THIS R~SOLU- TION S~ALL NOT DISCHARGE THE DEVELOPER FROh STRICT PER- FOR~ANCE; PROVIDING FOR ~INTENANCE FOR AND kEPAIRb BY THE DEVELOPER FOR ONE YEAR. (Copy of Resolution No. 95-83 is on file in the official Resolution Book) Mr. Perry moved for approval of the Consent Agenda with the exception of items 19 and 25, seconded by 5n~. Bird. Said motion passed unanimous ly. REGULAR AGENDA 25. Acceptance of Alternate Design Plan - City Parking Lot. Council is to consider approving the alternate design plan. Approval is recommended. Mr. Jackel moved to approve the alternate design plan which was the original one they re3ected which would reduce the parking spaces from 32 to 24 but increase the landscaping to be paid for by the Sea- crest Hotel for the City Parking Lot, seconded by ~z. Perry. Upon roll call Council voted as follows: 5~. Bird - No; ~. Campbell - Yes; ~r. Jackel - Yes; ~r. Perry - Yes; ~ayor Young - Yes. &aid motion passe~ with a 4 to 1 vote. - 11 - 10/11/83 Before roll call, Mr. Bird stated, for the record, that the north end parking is limited and narrow. They are going to landscape it, not at their expense, but they will maintain it at City expense. He feels they could landscape it while still maintaining all the parking spots which were there before the developer destroyed them in the pro- cess of building his hotel. At this point the roll was called to the motion. 26'. RePort'on replacement of the maintenance buildin~ and ~olf cart shed. The City Manager explained that what they are proposing is to utilize tile funds they still have remaining on hand from the insur- ance proceeds of the fire at the golf course for improvin9 a piece of property which has been offered to the City by donation from b~. Block. They will make a maintenance building out of this for a sum of $50,000 and also utilize the property which used to be the maintenance sned ~or the golf cart storage area. If Council were to approve the two develop- ment plans the Administration would proceed to do these incrementally. The Administration would then recommend that additional funds De used to repair the roof and replace an air conditionin9 unit at the club house. Mr. Bird moved that the Administration be authorized to continue with this project, secure bids and bring it back to Council for approval when there are specific bids, seconded by 5~. Perry. Said motion passed unanimously. 27. N.S.A. Drainage Stud~/N.W. 5th Avenue Design. Counczl is to consider approval of contracts and fee proposed by Barker, Osha and Anderson in the amount of $58,760 for N.S.A. Drainage Study/N.%~. 5tn Avenue Design. Contracts and fee have been approved by Community bevel- opment. Approval is recommended subject to final review and approval by the City Attorney. hike ~lcDaniel, Planner, stated that in July Council chose the firm of Barker, Osha and Anderson to do the consultation work in the N.S.A. Over the past several months a committee consisting of himself, the City ~nager, a representative from Community Development and Gates Castle met with representatives from Barker, Osha and Anderson and went over the contracts and proposed fees. They have now arrive~ at a fee and contract which are acceptable to the Committee; this is now before Council for their consideration and approval. ~. Bird moved to approve the contracts and fee, seconded Dy Mr. Perry. The City Attorney advised the motion should read subject to approval of the contract documents by the City Attorney. Mr. Bird amended his motion as advised by the City Attorney, Mr. Perry amended his second. Said motion passed unanimously. 28. Improvement of Homewood and Lowson InterseCtion. Council is to consider authorizing improvement of the intersection at Homewoo~ and Lowson at an estimated cost of $26,500. $18,000 will be paid by the developer, Lago Del Rey; the balance of $8,500 will come from Capital Improvement Fund Reserve. Approval is recommended. ~. Church, City Engineer, presented a zelar and explained to Council what improvements the City will be doing at the intersection. 5~. Perry moved to authorize improvement of tne intersection at Homewood and Lowson at an estimated cost of $26,000, seconded by ~.~. Jackel. Said motion passed unanimously. 29. EXtension of Conditional Use A~roval - ~dical Office Buildin~ for Dr. Beroza. Council is to consider a request for one-year extension of the conditional use approval for 5~dical Office Buildin9 for Dr. Beroza, located at the northeast corner of N.E. 2nd Avenue and N.E. 5th Street. The Planning and Zonin9 Board recommends denial 5-0. - 12 - 10/11/83 nike McDaniel stated this office building was originally approved on October 13, 1981. In 1982 they approached the Planning and Zoning Board and requested a one-year extension of that approval which was subsequently granted. This year they again requested an extension; to date no remodelling or construction activity has occurred on the site and in consideration of that the P&Z Board recommends this petition be denied. Mr. Perry moved to approve a one-year extension of the conditional use approved for hedical Office Building, seconded by ~. Bird. Upon roll call Council voted as follows: 5~. Bird - No; hr. Campbell - No; hr. Jackel - No; ~. Perry - No; hayor Young - No. bai~ motion FAILED by a 5 to 0 vote. 30. Extension Request - The Harbour's Edge. Council is to consider a four-month extension request of the time period established by Council which granted the developer the option of substituting The Harbour's Edge site plan for the Old Harbour site plan on or before December 31, 1983. The date of expiration would become April 30, 19~4. This was approved 4-1 (Horenburger dissenting) by the Planning and Zoning Board. Richard Siemens explained he is requesting this extension in order to comply with Section 651 of the Florida Statutes which regulates life care facilities. That legislation was chan9ed this past year and became effective October 1st. One of the new stipulations is that they cannot take any money out of escrow until 70% of the units are occupied. This makes it difficult for anyone attempting to run a life care facil- ity; if a life care facility becomes 50% occupied it will fail. The people who have put their money into it will be living in a facility which cannot operate and deliver the services they need. He was not able to conclude his documents until a few weeks ago and has been de- layed in getting their occupancy agreements. They are complete with their presentation and have done everything they said they would do; however, they need the additional four months in order to conclude the residency agreements. Mr. Bird moved to grant a four-month extension, seconded by ~. Perry. Said motion passed unanimously. 31. Appointments - Citizens Committee. Council is to consider the appointments of two members to the Citizens Committee relative to the Highland Beach Sewer Contract/Arbitration. ~. Bird stated that, as indicated at the workshop meeting, Mr. Jack Pitts has agreed to serve on this committee. He suggested that Mr. Bobby Wells be appointed as the other member to the committee. 5~. Wells has agreed to serve if named. ~. Jackel submitted the name of ~. Ralph Dye to serve on this committee. 5~. Dye is not in town at this present time and he would like to leave the selection of a second member for another wee~ until Mr. Dye can be contacted. Mr. Bird moved to appoint ~z. Pitts and 5~. %~ells as members to the Citizens Committee, seconded by 5~. Campbell. Upon roll call Council voted as follows: ~. Bird - Yes; ~. Campbell - Yes; ~. Jackel - No; 5~. Perry - No; hayor Young - Yes. Said motion passed with a 3 to 2 vote. Before roll call, Mr. Perry stated that he is not familiar with 5~. %~ells or his ability to deal in this kind of situation. He would rather appoint ~. Pitts and P~. Dye. At this point the roll was called to the motion. 32. Sale of Personal Property. Council is to consider award of a contract to Veterans of Foreign Wars, Post 7115, the only bidder, for the parts left over from the replacement of the 7½ ton Chrylser air conditioner in the amount of $75.00. Approval is recommended. - 13 - 10/11/83 Mr. Perry moved to award a contract to Veterans of Foreign Wars, Post 7115, seconded by Mr. Bird. Said motion passed unanimously. 33. Ordinance No. 76-83 - Amending Code - Increasing Sewage Rates. Ordinance No. 76-83, amending Chapter 29 "¥~ater and Sewers" the Code of Ordinances relative to increasing sewage rates for residen- tial and non-residential customers, is before Council for consideration on First Reading. If passed, Public Hearin9 will be held on October 25th. The City ~anager presented Ordinance No. 76-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF bELRAY BEACH, FLORIDA, AMENDING CHAPTER 29, "WATER AND SEWERS", ARTICLE III, "SEWERS AND SEWAGE DISPOSAL", DIVIbION I, "GENERALLY" , OF THE CODE OF ORDINANCES OF TH~: CITY OF DELRAY BEACH, FLORIDA, BY A~,~F. NDING SECTION 29-63, "SER- VICE RATES AND CHARGES I~POSED", TO INCREASE THL COh- MODITY CHARGES FOR THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT DISPOSAL BOARD FOR BOTH RESIDENTIAL AND NON- RESIDENTIAL CUSTOm, ERS, BOTH INSIDE AND OUT$ID~ THE CITY, BASED UPON CERTAIN CUSTOMER, CAPACITY AND CO~MODITY CHARGES; PROVIDING A SAVING CLAUSE; PROVIDING AN LFFEC- TIVE DATE. The City Attorney read the caption of the ordinance. ~. Jackel moved for the adoption of Ordinance No. 76-~3 on First Reading, seconded by ~. Bird. Upon roll call Council voted as follows: 5~. Bird - Yes; [~. Campbell - Yes; 5~. Jackel - Yes; ~. Perry - Yes; ~ayor Young - Yes. Said motion passed with a 5 to 0 vote. 34. Ordinance No. 77-83 - ZOning Ordinance Amendment - Creating a New Zonin~ DiStriCt to be Known as Rh-8. Ordinance No. 77-83, amend- ing Chapter 30 "Zoning" of the Code of Ordinances relative to creating a new zoning district to be known as Rh-8 (~ultiple Family Dwelling) District, is before Council for consideration on First ~eadin9. passed, Public Hearing will be held on October 25th. This was approved 5-0 by the Planning and Zoning Board. The City Manager presented Ordinance No. 77-83: AN ORDINANCE OF THE CITY COUNCIL OF TH~ CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 30 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLOkIDA, BY ENACTING A NEW SECTION 30-6.5, CREATIN~ A NEW ZONIN~ DISTRICT TO BE KNOWN AS "R5]-8 (~ULTIPLE FAhILY DWELLING) DI STRICT"; AMENDING SECTION 30-2 ( C ) "E STABLI SHS~ENT OF ZONING DISTRICTS" TO INCLUDE THE NEW R~]-8 (hULTIPLE FAMILY DWELLING) DISTRICT; PROVIDING A SAVING CLAUSe; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. ~. Perry moved for the adoption of Ordinance No. 77-~3 on First Reading, seconded by 5~. Bird. Before roll call the following discussion was had on Ordi- nance No. 77-83 and Ordinance No. 78-83 (Item 35 - Zoning Ordinance Amendment - Creating a New DiStrict' to be Known as Rh-12 ). ~. Perry questioned the need for another multiple fam~lk zoning district when they have been generally going towards single family housing. - 14 - 10/11/83 Mike 5icDaniel explained that quite a bit of property, which would otherwise be within the City, now lies in County pockets. A sub- stantial portion of that area is either zoned R~ or RH by the County which allows an automatic density of either 8 or 12 units. If a person can get 12 units per acre in the County versus 10 units per acre in the City there is not much incentive for that person to annex. The County has a range of densities whereas the City is limited to either 6, 10 or 15 units per acre. The only alternative the City now has is to either go to RM-15 or use SAD. He personally prefers not to use bAD and would rather create a new zoning district and apply it where applicable. Mr. Bird stated that if the City is trying to bring itsel~ into conformance with the County's densities why are they creating two new zoning districts and once again locking themselves in. He feels that with this ordinance and the following one they are continuin9 to have inflexability. He feels the City may be better following the County's system. Mr. 5~cDaniel stated that the system which the County has is superior; however, they have a much larger staff and are able to use a more sophisticated technique when reviewin9 plans. They analyse their plans in terms of traffic impact, etc., in order to meet certain stand- ards and the higher densities are permitted based on the developers performance. He feels that he does not have the staff or time to devel- op that kind of system and implement it. hr. Bird stated that if they are creating these new zonin9 districts for the purpose of being compatible, to annex new units into the City and take control of the development and building, they should have an exactly compatible ordinance to the County's. He feels that this ordinance and the following one should be reworked and brought back to Council in conformance with the County zoning. Kathi Sumrall, Planning and Zoning Board, requested that Council consider adopting these two ordinances tonight, on first read- ing, so that the Board has something to work with. They have a com- mittee which is revising the entire zoning code; at that time they would look into what is being proposed by 5~. Bird. They have had people come to them from the County who would like to annex but there is nothing for the City to offer them. Mr. Bird stated he feels if they can do an ordinance which is identical to the County's, in the same amount of time, they wlll have all the flexability to annex and have the ability to impose a density be it 6 3/8 or 7.5 as opposed to what they have now which is a straight 6, 10 and 15. Mr. Bird ~Dved to instruct the City Attorney to redraft the ordinances provided to Council, for R~-8 and Rh-12, to conform to t~e County's multi family medium density and multi family high density so as to give a zoning tool which is identical to theirs, seconded by ~. Jackel. Upon roll call Council voted as follows: 5~. sird - Yes; ~. Campbell - Yes; 5~. Jackel - Yes; ~. Perry- Yes; hayor Young- Yes. Said motion passed with a 5 to 0 vote. 36. Ordinance No. 79-83 - Zonin~ Ordinance Amendment - Automo- ~-i~e Sales and Display. Ordinance No. 79-83, amendin9 Chapter 30 "Zoning" of the Code of Ordinances to allow automobile sales and display as a conditional use in the GC (General Commercial) District, is before Council for consideration on First Reading. If passed, Public Hearing will be held on October 25th. This was approved 4-0 by the Planning and Zoning Board. - 15 - 10/11/83 The City Manager presented Ordinance No. 79-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 30 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH , FLORIDA, BY AMENDING SECTION 30-11 "GC (GENERAL COMMERCIAL) DIS~£kIC~'' (N) "SPECIAL REGULATIONS" (1)(a) TO ADD "AUTOhOBILE SALES AND DISPLAY"; FURTHER AMENDING SECTION 30-11 "GC (GENERAL COMMERCIAL) DISTRICT" (N) "SPECIAL REGULATIONS" BY ADDING A SUBSECTION (5)(a) TO ALLOW AUTO~OSILE SALES AND DISPLAY AS A CONDITIONAL USE WITHIN THE GC (GENERAL COMS~RCIAL) DISTRICT AS SPECIFIED BY THIS ORDINANCE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. ~. Perry moved for the adoption of Ordinance No. 79-~3 on First Reading, seconded by ~. Bird for discussion. ~. Bird suggested that they amend the ordinance to add "new" automobile sales and display. He agrees with the Planning and Zoning Board's concern that they would have more run-down gas stations turned into used car lots. If they were to amend the ordinance and add "new" everywhere automobile sales and display was written, he feels they would have a better ordinance, would have created an opportunity ior some areas where there is GC zoning and eliminated the possiblity of used car lots. Marie Horenbur~er, Planning and ~onin9 Board, stated the question was brought up as to whether they could enforce this ordinance. The problem is in determining whether cars on a lot are indee~ used or new; there are many car lots which sell relatively new cars. She woul~ not like to see new car lots placed all over the City where the ~C zoning is applicable. Mr. Bird stated he feels that they have as many new car lots in the City as they are ever going to have. However, he has some dif- ficulty in trying to defend the Planning and Zoning Board's thought process used in paragraph 5 of the ordinance. Mrs. Horenburger stated that the applicants came before the Board asking to be rezoned SC and were advised that the whole striF of land had to be zoned SC. The applicants informed the Board they did not have time and the other property owners were not interested in being zoned SC. ~he Board looked for alternatives and thought that this ordinance would work. Mr. Campbell stated that he has no ob3ection to the ordi- nance as it presently reads, and it is a good compromise at trying to get around a problem in helping some citizens. 5~. Campbell moved for the adoption of Ordinance No. 79-~3 on First Reading, seconded by ~. Perry. Upon roll call Council voted as follows: ~. Bird - Yes; 5~. Campbell - No; 5~. Jackel - No; ~. Perry - No; Mayor Young - No. Said nDtion FAILED by a 4 to 1 vote. Before roll call the followin~ discussion was had: ~rs. Sumrall stated that she is opposed to this ordinance. She feels that permitting auto sales in the GC district would open uF areas, currently zoned GC, which would be inappropriate for such use. If they permit auto sales as a conditional use there could be tne pos- siblity of having to allow boat, cycle, lawnmower and truck sales. As an alternative she suggested rezoning to Specialized Commercial the area from N.E. 4th Street to N.E. 8th Street west to the FEC ~ailroad and east to U.S. ~1 southbound. Robert Feders~iel, representing the applicants, stated that he would not be opposed to having the property rezoned SC. When th~s petition came before the P&Z Board they did not have the time to 9o through the process of applying for SC zoning which is why they are trying to get a conditional use approval within the GC zonin9. - 16 - 10/11/83 Mr. Bird suggested that Council approve the ordinance as presented and then the committee who are going through 'the zoning code can correct it when the time comes. At this point the roll was called to the motion. Upon question by ~. Campbell, the City Attorney stated that as far as rezoning this to SC the applicants would have to start again, file an application and have it processed. ~. Campbell stated that he cannot see the difference between applying for a conditional use and applying for SC zoning. Mr. Federspiel questioned why Council could not request an amendment to the ordinance to change it to SC and bring it back for first reading at the next regular meeting. His client would then be through with the process as he would not have to apply for conditional use approval. Mr. Bird stated he feels Council should approve the ordi- nance as approved tonight and allow the zoning committee to revise it at a later date. Mr. hcDaniel stated he personally feels that the entire parcel of land should be rezoned SC. However, the burden for requesting a rezoning should be upon the person to whom it is going to benefit. They have now reached the point where the applicant needs to be able to move forward with his project and for that reason he would be in favor that the ordinance before Council be passed. Mr. Perry moved to reconsider the Iaotion, seconded by ~. Campbell. Said motion passed unanimously. Mr. Perry moved for the adoption of Ordinance No. 79-83, as written, on First Reading, seconded by ~. Bird. Upon roll call Council voted as follows: ~. Bird - Yes; Mr. Campbell - Yes; 5~. Jackel - Yes; ~. Perry - Yes; hayor Young - Yes. Said motion passed with a 5 to 0 vote. hayor Young declared the meeting adjourned at 10:57 P.~. Clerk ATTESt: hA YO R The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes o~ the meeting of said City Council of October 11, 1983 which minutes were for- mally approved and adopted by the City Council on ~,Z~.,~'~f. U City Cl~r~ 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 o~ City Council. They will become the official minutes only after they nave been reviewed and approved which may involve some amendments, additions, or deletions to the minutes as set forth above. - 17 - 10/11/83