01-06-04 MinutesJANUARY 6~ 2004
A Regular Meeting of the City Commission of the City of Delray Beach,
Florida, was called to order by Mayor Jeff Perlman in the Commission Chambers at City
Hall at 6:00 p.m., Tuesday, January 6, 2004.
1. Roll call showed:
Present -
Commissioner Patricia Archer
Commissioner Bob Costin
Commissioner- Jon Levinson
Commissioner Alberta McCarthy
Mayor Jeff Perlman
Absent -
None
Also present were -
David T. Harden, City Manager
Susan A. Ruby, City Attorney
Brian Shutt, Assistant City Attorney
Barbara Garito, City Clerk
2_ The opening prayer was
Cason United Methodist Church.
delivered by Reverend Dan Casselberry with
given.
The Pledge of Allegiance to the flag of the United States of America was
AGENDA APPROVAL:
Mayor Perlman requested that Item 8.C., Acceptance of Easement Deed
and Agreement for Sidewalk Improvements/John Remus Services be moved to a date
certain of January 13, 2004.
Mayor Perlman requested that Item 8.R.l., Award of Bids and
Contracts to Beck's Towing and Recovery be moved to the Regular Agenda as Item
9.A.1.
Mayor Perlman requested to reorder the Agenda and move Item 9.B.,
Adult Arcades, Item 9.C., Conditional Use Request/Spinners Arcade and Item 12.C.,
Ordinance 7-04 to the end of the Agenda.
Mayor Perlman stated Item 8.R.6., Purchase of a 2004 Ford Crown
Victoria for the Police Department will be purchased by Gus Machado Ford in Hialeah,
Florida.
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Mr. Costin moved to approve the Agenda as amended, seconded by Ms.
McCarthy. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs.
Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said
motion passed with a 5 to 0 vote.
APPROVAL OF MINUTES:
Mr. Costin moved to approve the Minutes of the Regular Meeting of
December 2, 2003, seconded by Ms. McCarthy. Upon roll call the Commission voted as
follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman
- Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote.
Ms. McCarthy moved to approve the Minutes of the Regular Meeting of
December 9, 2003, seconded by Mr. Costin. Upon roll call the Commission voted as
follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin -
Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote.
PROCLAMATIONS:
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Martin Luther King~ Jr. Day - January 19~ 2004
Mayor Perlman read and presented a proclamation hereby proclaiming
January 19, 2004 as Martin Luther King Jr. Day. Lillie Strainge came forward to accept
the proclamation.
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PRESENTATIONS:
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Golf
2003 City Golf Championship Awards - Sandra Eriksson, Director of
Sandra Eriksson, Director of Golf, stated on behalf of JCD Sports Group
she congratulated the 2003 City Golf Champions and presented awards to the following
individuals:
Other Champion Flight Winners:
Aldo Butera, 74, Men's Super Senior, Boynton Beach (Age 71)
Stanley Zaniewski, 85, Men's Senior Second, Delray Beach
Steve McFarling 77, Men's Senior First, Delray Beach
Jim Bounds, 74, Men's Senior Championship, Boynton Beach
Joe Vassalotti, 167, Men's Second, West Palm Beach
Tim Weldon, 157, Men's First, Delray Beach
Wanda Goodleaf, 177, Women's Senior, Delray Beach
City Champions:
·
--146,73, 73 Nora Phillips*, 2003 Women's (*Third Consecutive
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Defense of Title)
--146,73, 73 Casey Jorgenson, 2003 Men's, Boca Raton
CONSENT AGENDA: City Manager Recommends Approval.
8.A. FINAL SUBDIVISION PLAT APPROVAL/PORTA AL MARE:
Approve the subdivision plat for Porta al Mare, located on the west side of the 100 Block
ofN.E. 6th Avenue.
8.B. FINAL BOUNDARY PLAT APPROVAL/MERIDIAN REPLAT:
Approve the boundary plat for The Meridian Replat located on the east side of the 300
Block of S.E. 6th Avenue.
8.C.
THIS ITEM HAS BEEN MOVED TO THE REGULAR MEETING
OF JANUARY 13~ 2004.
8.D.
RESOLUTION NO. 3-04/ABANDONMENT OF DRAINAGE
EASEMENT: Approve the abandonment of a 12 foot wide drainage easement within
the plat of Linton Center (known as Lakeview Apartments), located on the east side of
S.W. 10th Avenue, south of Linton Boulevard.
The caption of Resolution No. 3-04 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING A PORTION OF A 12' WIDE DRAINAGE
EASEMENT LOCATED ON THE PLAT OF LINTON
CENTER (NOW LAKEVIEW APARTMENTS), AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A".
office.)
8.E.
for abatement
City.
(The official copy of Resolution No. 3-04 is on file in the City Clerk's
RESOLUTION NO. 4-04: Approve Resolution No. 4-04 assessing costs
action required to remove nuisances on nine (9) properties throughout the
The caption of Resolution No. 4-04 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER
100 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 AND PROVIDING THAT A
NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF
ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED
BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND
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LEVYING THE COST OF SUCH ABATEMENT OF
NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND
FOR A DUE DATE AND 1NTEREST ON ASSESSMENTS;
PROVIDING FOR THE RECORDING OF THIS RESOLUTION,
AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS.
(The official copy of Resolution No. 4-04 is on file in the City Clerk's
office.)
8.F. RESOLUTION NO. 1-04: Approve Resolution No. 1-04 urging
members of the Florida Legislature to support municipal issues during the 2004
Legislative Session.
The caption of Resolution No. 1-04 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, URGING MEMBERS OF
THE FLORIDA LEGISLATURE TO SUPPORT THE
FOLLOWING MUNICIPAL ISSUES DURING THE 2004
LEGISLATIVE SESSION.
(The official copy of Resolution No. 1-04 is on file in the City Clerk's
office.)
RESOLUTION NO. 2-04/ICMA 457 DEFERRED COMPENSATION
PLAN: Approve Resolution No. 2-04 adopting the amended and restated Plan and Trust
document for the ICMA Retirement Corporation Section 457 Deferred Compensation
Plan effective January 1, 2004, which reflects changes in the law as a result of the
Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA).
The caption of Resolution No. 2-04 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, ADOPTING THE
AMENDED AND RESTATED PLAN AND TRUST
DOCUMENT FOR THE ICMA RETIREMENT CORPORATION
SECTION 457 DEFERRED COMPENSATION PLAN
EFFECTIVE JANUARY 1, 2004; PROVIDING THAT THE
ASSETS OF THE PLAN SHALL BE HELD IN TRUST FOR
THE EXCLUSIVE BENEFIT OF PLAN PARTICIPATES AND
THEIR BENEFICIARIES; PROVIDING THAT THE PLAN
WILL NOT PERMIT LOANS; PROVIDING AN EFFECTIVE
DATE.
(The official copy of Resolution No. 2-04 is on file in the City Clerk's
office.)
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8.H. SERVICE AUTHORIZATION NO. 9.1/CH2M HILL, INC.: Approve
Service Authorization No. 9.1 to CH2M HILL, Inc. in the amount of $19,500.00 for
additional professional engineering services related to the water use permit application
and ground water modeling project. Funding is available from 442-5178-536-31.30
(Engineering/Architectural).
8.1. CHANGE ORDER NO. 1/FINAL PAYMENT/RPM GENERAL
CONTRACTORS, INC.: Approve Change Order No. 1 in the amoum of $2,592.95,
and final payment in the amount of $10,937.51 to RPM General Contractors, Inc. for
completion of the Community Teen Cemer Skate Park Project. Funding is available from
117-6111-572-63.40 (Recreation impact Fees/Recreational improvemems).
8.J. CONTRACT ADDITION/TLC DIVERSIFIED, INC.: Approve a
Comract Addition (C.O. No. 1) in the amoum of $148,400.00 to the Rehabilitation of Lift
Stations 19, 57, and 80 Project to include rehabilitation of Lift Stations 27 and 33.
Funding is available from 442-5178-536-61.83 (Lift Station Conversion to Submersible).
8.K.
CONTRACT CLOSEOUT/PALM BEACH COUNTY JOINT
PARTICIPATION AGREEMENT (LAKE IDA ROAD WIDENING): Approve the
joint participation agreement closeout with Palm Beach County, the total value of work
completed is $865,900.00 from the original agreemem of $948,431.50, for utility
upgrades and relocation associated with the Lake ida Road Widening project. A balance
of $82,531.50 will be liquidated from P.O. #596438 and residual funds reverting to 441-
5161-536-63.78 (Chatelane Lift Station), 441-5181-536-69.21 (Barwick/Lake ida Road
Force Main), and 442-5178-536-65.18 (Lake ida Road Utility Relocations).
8.L. CANCELLATION OF CONTRACT (COLE INDUSTRIAL &
TECHNICAL SUPPLY, INC.)/AWARD OF CONTRACT (FERGUSON
UNDERGROUND/HUGHES SUPPLY, INC.): Approve cancellation of the comract
with Cole Industrial & Technical Supply, Inc. for two (2) pipe fitting and accessory items
due to withdrawal of bid; and award of comracts to Ferguson Underground and Hughes
Supply, Inc., second lowest bidders, for the items. Funding is available from various
departmemal operating budgets.
8.m.
GRANT CONSULTING AGREEMENT/LANGTON ASSOCIATES:
Approve a smartGRANTS Consulting Comract between the City of Delray Beach and
Langton Associates for gram writing services for a term of one (1) year.
8.N. SPECIAL EVENT REQUEST/CINCO DE MAYO FIESTA: Approve
a special event request to allow the Cinco De Mayo Fiesta to be held Saturday, May 1,
2004, from 11:00 a.m. umil 10:00 p.m. at Old School Square, graining a temporary use
permit per LDR Section 2.4.6(H) for the closure of NE 1st Avenue on the north side of
the grounds of Old School Square to the loading gate area, and staff support for traffic
comrol and security, trash removal, barricade set up, signage and waiver of LDR Section
4.6.7 (D)(3)(j)(ii) to allow the installation of even signage on April 21, 2004; comingem
upon sponsor providing a hold harmless agreemem, a certificate of liability insurance,
and liquor liability insurance with conditions for serving alcoholic beverages and site
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fencing.
8.0. SPECIAL EVENT REQUEST/EAST END VOLLEYBALL
TOURNAMENT: Approve a request from East End Volleyball for the East End
Volleyball Tournament to be held at the municipal beach on March 6 and 7, 2004.
8.P. ACCEPTANCE OF COUNTY PARCELS: Consider approval and
acceptance of seven (7) vacant surplus parcels of land from Palm Beach County at no
charge to the City acquired by Palm Beach County through tax deed.
8.Q. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards for
the period December 8, 2003 through January 2, 2004.
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AWARD OF BIDS AND CONTRACTS:
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MOVED TO THE REGULAR AGENDA AS ITEM 9.A.1.
Purchase award to the Dell Computer Corporation in the amount of
$16,938.96 via the State of Florida Contract #250-000-03-1 for the
purchase of twelve (12) Dell OptiPlex desktop replacement
terminals for the Environmental Services Department. Funding is
available from 442-5178-536-64.11 (Computer Equipment).
Purchase award to Bennington Carpet & Tile in the amount of
$25,420.00 for replacement carpeting for the Delray Beach
Municipal Golf Course Clubhouse. Funding is available from 445-
4761-572-46.90 (Delray Beach Municipal Golf Course Fund/Other
Repair/Maintenance Costs) and 445-4715-572-46.10 (Delray
Beach Municipal Golf Course Fund/Building Maintenance).
Contract award to Hydro Pumps, Inc. in the amount of $17,806.25
for miscellaneous repairs on four (4) production well pumps and
motors. Funding is available from 442-5178-536-46.90 (Other
Repair and Maintenance).
Contract award to Chaz Equipment in the amount of $25,254.00
via Annual Contract No. 2002-37 for cementitious lining of wet
wells for Lift Stations 27 and 33. Funding is available from 442-
5178-536-61.83 (Lift Station Conversion to Submersible).
Purchase award in the amount of $20,639.00 via the Florida
Sheriff's Association Contract #03-11-0825, Specification #3 for
the purchase of a 2004 Ford Crown Victoria police vehicle.
Funding is available from 501-3312-591-64.20 (Vehicle
Replacement Fund).
Mr. Levinson moved to approve the Consent Agenda as amended,
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr.
Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs.
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Archer - Yes. Said motion passed with a 5 to 0 vote.
REGULAR AGENDA:
9.A. AMENDMENT TO NO. I/MATCH POINT, INC.: Consider approval
of Amendment No. 1 to the amended and restated agreement between the City and Match
Point, Inc.
Brian Shutt, Assistant City Attorney, stated the Amendment No. 1 for the
Match Point agreement provides for some changes. Mr. Shutt stated the first agreement
is the agreement being extended for a period of five (5) years and will expire in the year
2013. In addition, Mr. Shutt stated there is an increase in the payment by the amount of
$50,000 per year that will increase incrementally for an additional 3% each year. Mr.
Shutt stated Mr. Baron will have a charity event/dinner that he will hold for each event
and the minimum amount he will provide the City is $50,000 which will also increase
each year by 3%, however, in any one year if Mr. Baron happens to raise more than
$50,000 the City will reap the benefit. If Mr. Baron were to raise less than $50,000, he
would have to give the City $50,000 plus whatever the 3% increase would be in any
particular year and the 3% starts in 2004.
Mrs. Archer moved to approve Amendment No. 1 to the amended and
restated agreement between the City of Delray Beach and Match Point, Inc., seconded by
Mr. Levinson. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes;
Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said
motion passed with a 5 to 0 vote.
9.A.1. AWARDS OF BIDS AND CONTRACTS: Contract award to Beck's
Towing & Recovery with annual franchise fees to be paid to the City in the amount of
$141,250.00 for wrecker/towing services for the Police Department.
The City Manager stated for clarification the contract award to Beck's
Towing & Recovery is not located within the City. This is one of the changes that were
made when the City went out for RFP the second time and it specifies a radius which
does not have to be inside the City limits. Secondly, the City Manager stated the City did
a check with Palm Beach County Consumer Affairs to see if there were any complaints
filed against Beck's Towing & Recovery.
Jackie Rooney, Purchasing Supervisor, stated for clarification that for
reconsideration of a bid award the City must receive a letter within five (5) days of the
bid results being made public from the person/company desiring bid reconsideration.
Regarding this bid award, no letter has been received.
Mr. Levinson moved approval to award the contract to Beck's Towing &
Recovery to include franchise fees in the amount of $141,250.00, seconded by Mrs.
Archer. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr.
Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said
motion passed with a 5 to 0 vote.
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At this point, the Commission moved Item 9.B., Adult Arcades, Item
9.C., Conditional Use Request/Spinners Arcade, and Item 12.C., Ordinance No. 7-04
to the end of the Agenda and moved to Item 9.D., Conditional Use Request/Monument
and Ornamental Stone Cutting Facility.
9.D. CONDITIONAL USE REQUEST/MONUMENT AND
ORNAMENTAL STONE CUTTING FACILITY: Consider a request for conditional
use approval to allow the establishment of a monument and ornamental stone cutting
facility, located on the west side of Congress Avenue (within the Congress Auto Center)
approximately 2,300 feet north of West Atlantic Avenue. (Quasi-Judicial Hearing)
Mayor Perlman read into the record the City of Delray Beach procedures
for conducting a Quasi-Judicial Hearing for this item and subsequent Quasi-Judicial
Hearing items held this evening.
The City Clerk swore in those individuals who wished to give testimony
on this item.
Mayor Perlman asked the Commission to disclose any ex parte
communications. Mr. Levinson, Ms. McCarthy, and Mayor Perlman had no ex parte
communications to disclose. Mr. Costin and Mrs. Archer stated they each had a very
brief conversation with Mr. Weiner.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2003-179 into the record.
Mr. Dorling stated this involves a Conditional Use request for the
Congress Avenue Auto Center located on the west side of Congress Avenue north of
West Atlantic Avenue and south of Lake Ida Road. Currently, there are two separate
stone cutting businesses on the subject property. Mr. Dorling stated it is his
understanding that one of the facilities has ceased operations and therefore this
Conditional Use request would be just for the one that remains which takes the balance of
the south building. Mr. Dorling stated in reviewing this request, there was some concern
with the existing use i.e., a lot of outside storage which was taking up some of the
parking spaces. Staff worked with the applicant to resolve some of these issues and
basically outside storage could not be accommodated on this site. The applicant has
agreed and have moved all of their stone inside. Mr. Dorling stated there are some
conditions listed on page six of the Planning and Zoning staff report which talks about
the dry processing of stone and appropriate containment be provided and some conditions
which relate to the prohibition of outside storage, that the business be conducted inside
the building and the hours of operation from 8:00 a.m. to 7:00 p.m. Monday through
Saturday was originally proposed some additional hours of that and the applicant has
agreed to reduce it to mitigate any impacts they have for residential uses to the west.
At its meeting of December 15, 2003, the Planning and Zoning Board held
a public hearing in conjunction with the request. After discussing the proposal, the
Board unanimously recommended approval (6-0, Krall absent) of the monument and
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ornamental stone cutting facility for Congress Avenue Plaza based upon the negotiations
and conditions outlined in the Planning and Zoning staff report.
Jason Mankoff, Weiner & Aronson, P.A., 102 N. Swinton Avenue,
representing the owner of the property, stated the application is to allow a stone cutting
facility within the Congress Avenue Auto Center which is zoned MIC (Mixed Industrial
Commercial) pursuant to LDR Section 4.4.4(19)(D)(2)(d) Conditional Use approval as
required. Mr. Mankoff stated staff has made a positive finding with respect to the
conditional use the Planning and Zoning Board has done the same. Mr. Mankoff asked
that the Commission approve the Planning and Zoning Board's recommendation and
staff's recommendation.
Mrs. Archer moved to approve the Conditional Use Request to allow the
establishment subject to the conditions as listed in the Planning and Zoning staff report,
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Costin
- Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman -
Yes. Said motion passed with a 5 to 0 vote.
9.E. REQUEST TO REDUCE LIENS/DURANTE REALTY: Consider a
request from Durante Realty (on behalf of new buyer) to waive the interest and
administrative fees totaling $6,236.21 assessed for abating nuisances on property located
at 315 S.W. 3rd Street. Durante Realty is prepared to pay the City's out-of-pocket
expenses in the amount of $8,643.12. Staff recommends approval.
Lula Butler, Director of Community Improvement, stated this item is a
request from Durante Realty, Real Estate Agent for the owner to reduce liens assessed to
the property located at 315 S.W. 3rd Street (vacant lot). The total amount of liens
assessed to the property is $14,879.33 and the City's out-of-pocket costs amount to
$8,643.12. Mrs. Butler stated staff is asking for a reduction in the liens in the amount of
$6,236.21 (accrued interest and administrative fees) and that the balance of the lien
representing the City's out-of-pocket costs be paid within 30 days of tonight's decision
and that the liens be released upon submission of a building permit.
Mr. Levinson asked if this is compatible with the S.W. Neighborhood
Plan and commented that there are certain blocks which are designated multi-family and
some that are single-family. Mrs. Butler stated this particular lot is zoned single-family
under the S.W. Neighborhood Plan. Mr. Levinson asked if staff can add some more
words to the application that reads "this has been verified against the S.W. Neighborhood
Plan". Mrs. Butler stated this verbiage can be added to the staff report.
Ms. McCarthy moved to approve the request from Durante Realty to
reduce liens in the amount of $6,236.21 with payment in the amount of $8,643.12 (the
City's out-of-pocket costs) payable within 30 days from today and that the liens are
released upon submission of a building permit, seconded by Mrs. Archer. Upon roll call
the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms.
McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5
to 0 vote.
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9.F. PROPOSAL FOR SETTLEMENT IN CLARA OUTRAM v. CITY
OF DELRAY BEACH: Consider a Proposal for Settlement in the amount of
$37,499.99 in Clara Outram v. City of Delray Beach. Staff recommendation is denial.
Mr. Levinson moved to approve the settlement in Clara Outram v. City of
Delray Beach, seconded by Mrs. Archer. Upon roll call the Commission voted as
follows: Mr. Levinson - No; Ms. McCarthy - No; Mayor Perlman - No; Mr. Costin -
No; Mrs. Archer - No. Said motion was DENIED with a 5 to 0 vote.
9.G. PROPOSAL FOR
SETTLEMENT/ENVIRONMENTAL
PROTECTION AGENCY (EPA): Consider a Proposal for Settlement in the amount of
$3,370.40 ($2,527.80 to be paid to the EPA and $842.60 to be paid to the City of Fort
Lauderdale) to be released from the lawsuit as a Potentially Responsible Party (PRP).
Staff recommendation is acceptance.
Mr. Costin moved to approve the proposal for settlement in the amount of
$3,370.40, seconded by Mr. Levinson. Upon roll call the Commission voted as follows:
Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr.
Levinson - Yes. Said motion passed with a 5 to 0 vote.
9.H. APPOINTMENTS TO THE CODE ENFORCEMENT BOARD:
Appoint three (3) regular members and one (1) alternate member to the Code
Enforcement Board for a three (3) year term ending January 14, 2007. Based upon the
rotation system, the appointments will be made by Commissioner Costin (Seat #1),
Commissioner Archer (Seat #2), Commissioner Levinson (Seat #3), and Commissioner
McCarthy (Seat #4).
Mr. Costin moved to reappoint David Hawke as a regular member to the
Code Enforcement Board for a three year term ending January 14, 2007, seconded by
Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Perlman - Yes;
Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said
motion passed with a 5 to 0 vote.
Mrs. Archer moved to reappoint Leonard Epstien as a regular member to
the Code Enforcement Board for a three year term ending January 14, 2007, seconded by
Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs.
Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said
motion passed with a 5 to 0 vote.
Mr. Levinson moved to reappoint Glenn Schuster as a regular member to
the Code Enforcement Board for a three year term ending January 14, 2007, seconded by
Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr.
Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said
motion passed with a 5 to 0 vote.
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Ms. McCarthy moved to reappoint Gilda Fernandez as an alternate
member to the Code Enforcement Board for a three year term ending January 14, 2007,
seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr.
Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs.
Archer - Yes. Said motion passed with a 5 to 0 vote.
0.I.
APPOINTMENT TO THE NEIGHBORHOOD ADVISORY
COUNCIL: Appoint one (1) member to the Neighborhood Advisory Council for Zone
One for an unexpired term ending October 31, 2005. Based upon the rotation system, the
appointment will be made by Commissioner Levinson (Seat #3).
Mr. Levinson stated he would like to defer his appointment to the meeting
of January 13, 2004.
9.J. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint
one (1) regular member to the Board of Adjustment for an unexpired term ending August
31, 2004. Based upon the rotation system, the appointment will be made by
Commissioner McCarthy (Seat #4).
Ms. McCarthy moved to appoint Mel Pollack as a regular member to the
Board of Adjustment for an unexpired term ending August 31, 2004, seconded by Mr.
Levinson. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor
Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion
passed with a 5 to 0 vote.
0.K.
APPOINTMENTS TO THE PARKING MANAGEMENT
ADVISORY BOARD: Appoint four (4) members to the Parking Management Advisory
Board for various representations for a term ending January 31, 2006 and one (1) Citizen-
at-Large for an unexpired term ending January 31, 2005. Based upon the rotation system,
the appointments will be made by Commissioner McCarthy (Seat #4), Mayor Perlman
(Seat #5), Commissioner Costin (Seat #1), Commissioner Archer (Seat #2), and
Commissioner Levinson (Seat #3).
Ms. McCarthy moved to reappoint Vannessa Grant to the Parking
Management Advisory Board for a term ending January 31, 2006, seconded by Mr.
Levinson. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr.
Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said
motion passed with a 5 to 0 vote.
Mayor Perlman stated he wished to reappoint Nancy Lierle to the Parking
Management Advisory Board for a term ending January 31, 2006. Mr. Costin so moved,
seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Costin -
Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman -
Yes. Said motion passed with a 5 to 0 vote.
Mr. Costin moved to appoint Jorge Ramos as a member to the Parking
Management Advisory Board for a term ending January 31, 2006, seconded by Mrs.
Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr.
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Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said
motion passed with a 5 to 0 vote.
Mrs. Archer moved to reappoint Joe Gillie, seconded by Mr. Costin.
Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy -
Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed
with a 5 to 0 vote.
Mr. Levinson moved to appoint Troy Wheat as a citizen-at-large to the
Parking Management Advisory Board for a term ending January 31, 2005, seconded by
Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes;
Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said
motion passed with a 5 to 0 vote.
At this point, the time being 6:40 p.m. the Commission moved to Item 12,
First Readings.
12.
FIRST READINDGS:
12.A. ORDINANCE NO. 2-04: Privately initiated Future Land Use Map
(FLUM) Amendment from CMR (Commerce) in part and GC (General Commercial) in
part, to CMR (Commerce) and rezoning from MiC (Mixed industrial and Commercial) in
part and GC (General Commercial) in part, to MiC (Mixed industrial and Commercial)
for a 1.80 acre parcel of land known as Delray Depot (formerly the Train Station Depot
site), located at the northwest comer of West Atlantic Avenue and 1-95. If passed, a
quasi-judicial public hearing will be scheduled for February 3, 2004.
The caption of Ordinance No. 2-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING THE FUTURE
LAND USE MAP DESIGNATION AS CONTAINED IN THE
COMPREHENSIVE PLAN FROM CMR (COMMERCE) IN
PART AND GC (GENERAL COMMERCIAL) iN PART TO
CMR (COMMERCE); ELECTING TO PROCEED UNDER THE
SINGLE HEARING ADOPTION PROCESS FOR SMALL
SCALE LAND USE PLAN AMENDMENTS; AND REZONiNG
AND PLACING LAND PRESENTLY ZONED MiC (MIXED
INDUSTRIAL AND COMMERCIAL) DISTRICT IN PART
AND GC (GENERAL COMMERCIAL) DISTRICT iN PART
TO MiC (MIXED INDUSTRIAL AND COMMERCIAL)
DISTRICT; SAID LAND BEING A PARCEL OF LAND
LOCATED AT THE NORTHWEST CORNER OF WEST
ATLANTIC AVENUE AND INTERSTATE-95 (FORMER
TRAIN STATION DEPOT), AS MORE PARTICULARLY
DESCRIBED HEREIN; AMENDING "ZONING MAP OF
DELRAY BEACH, FLORIDA, APRIL 2003"; PROVIDING A
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01/06/04
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND
AN EFFECTIVE DATE.
(The official copy of Ordinance No. 2-04 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance.
Paul Dorling, Director of Planning and Zoning, stated this property
contains the train depot which was listed in the National Register in September of 1986
and in the Local Register of Historic Places in October of 1988. These land development
applications have been submitted to allow the establishment of a private warehouse for
the storage of automobiles (no vehicle repair, sales or display) and private office space.
This use would be permissible under the proposed MiC zoning, but not under the current
GC zoning.
At its meeting of December 15, 2004, the Planning and Zoning Board held
a public hearing in conjunction with the FLUM Amendment and Rezoning requests.
There was no public testimony regarding the request. After reviewing the staff report and
discussing the proposal, the Board unanimously voted 6-0 (Krall absent) to recommend
that the request be approved.
Mr. Costin moved to approve Ordinance No. 2-04 on FIRST Reading,
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor
Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms.
McCarthy - Yes. Said motion passed with a 5 to 0 vote.
12.B. ORDINANCE NO. 5-04: An ordinance rezoning from A (Agricultural)
to RM-8 (Medium Density Residential-8 dwelling units per acre) for a 1.69 acre parcel of
land for Highland Grove Estates located on the north side of Old Germantown Road
approximately 1,115 feet west of Homewood Boulevard. if passed, a quasi-judicial
public hearing will be scheduled for February 3, 2004.
The caption of Ordinance No. 5-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, REZONiNG AND PLACING
LAND PRESENTLY ZONED A (AGRICULTURE ZONE)
DISTRICT TO RM-8 (MEDIUM DENSITY RESIDENTIAL - 8
DWELLING UNITS PER ACRE) DISTRICT; SAID LAND
BEING A PARCEL OF LAND LOCATED ON THE NORTH
SIDE OF OLD GERMANTOWN ROAD, APPROXIMATELY
1,115 FEET WEST OF HOMEWOOD BOULEVARD, AS
MORE PARTICULARLY DESCRIBED HEREIN; AMENDING
"ZONING MAP OF DELRAY BEACH, FLORIDA, APRIL
2003"; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
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01/06/04
office.)
(The official copy of Ordinance No. 5-04 is on file in the City Clerk's
The City Attorney read the caption of the ordinance.
Paul Dorling, Director of Planning and Zoning, stated the applicant has
been submitted for a rezoning from A to RM-8. This application has been submitted with
the purpose of constructing a multiple-family residential development on the subject
properties.
At its meeting of December 15, 2003, the Planning and Zoning Board held
a public hearing in conjunction with the requested rezoning. Four (4) members of the
public spoke on the item and expressed concerns relating to traffic and compatibility with
the single-family dwellings in the area. After reviewing the staff report and discussing
the proposal, the Board unanimously voted 6-0 (Krall absent) to recommend that the
request be approved, based upon positive findings with respect to LDR Section
2.4.5(D)(5), LDR Section 3.1.1, LDR Section 3.2.2, LDR Section 4.4.6(I)(3) [that the
proposed density is appropriate based upon the FLUM designations of the surrounding
properties and prevailing development patterns] and the Goals, Objectives and Policies of
the Comprehensive Plan. Staff recommends approval of the request.
Mr. Costin moved to approve Ordinance No. 5-04 on FIRST Reading,
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr.
Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor
Perlman - Yes. Said motion passed with a 5 to 0 vote.
At this point, the Commission moved to Item 12.D. Ordinance No. 6-04.
12.D. ORDINANCE NO. 6-04: An ordinance amending Chapter 96, "Fire
Safety and Emergency Services", Section 96.66, "Emergency Medical Transportation
Fees", of the Code of Ordinances to adjust the fee schedule for emergency medical
transportation in accordance with the National American Fee Schedule. If passed, a
public hearing will be scheduled for February 3, 2004.
The caption of Ordinance No. 6-04 is as follows
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 96,
"FIRE SAFETY AND EMERGENCY SERVICES", OF THE
CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
BY AMENDING SECTION 96.66, "EMERGENCY MEDICAL
TRANSPORTATION FEES", SUBSECTION 96.66(A), TO
ADJUST THE FEE SCHEDULE FOR EMERGENCY MEDICAL
TRANSPORTATION IN ACCORDANCE WITH THE
NATIONAL AMERICAN FEE SCHEDULE; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND
AN EFFECTIVE DATE.
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01/06/04
(The official copy of Ordinance No. 6-04 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance.
Mr. Costin inquired as to how this relates to the City's actual cost. The
City Manager stated this does not come any where near covering the cost of operating the
Fire Department and this comprises 80% of their runs. The City Manager stated the City
is constrained by what Medicare will reimburse the City for and they are moving toward
a National fee schedule.
Mrs. Archer moved to approve Ordinance No. 6-04 on FIRST Reading,
seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mrs. Archer -
Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes.
Said motion passed with a 5 to 0 vote.
12.E. ORDINANCE NO. 4-04: An ordinance amending the Land
Development Regulations Appendix A "Definitions" repealing the definitions for
Residential and Non-Residential Alcohol and Drug Abuse Treatment Facility and
enacting new definitions for Residential and Non-Residential Licensed Service Provider
and amending Sections 4.3.3(D), 4.4.6, 4.4.9, 4.4.13, 4.4.16, 4.4.17, 4.4.21, 4.4.24, and
4.6.9 to reflect the change in terminology. If passed, a public hearing will be scheduled
for February 3, 2004.
The caption of Ordinance No. 4-04 is as follows
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH AS
FOLLOWS: AMENDING APPENDIX "A", "DEFINITIONS",
BY REPEALING THE DEFINITIONS OF "RESIDENTIAL
ALCOHOL AND DRUG ABUSE TREATMENT FACILITY"
AND "NON RESIDENTIAL ALCOHOL AND DRUG ABUSE
TREATMENT FACILITY" AND ENACTING THE
DEFINITIONS OF "RESIDENTIAL LICENSED SERVICE
PROVIDER FACILITY" AND NON-RESIDENTIAL
LICENSED SERVICE PROVIDER FACILITY" TO CONFORM
TO CHANGES IN FLORIDA STATUTES; AMENDING
SECTIONS 4.3.3(D), 4.4.6, 4.4.9, 4.4.13, 4.4.16, 4.4.17, 4.4.21,
4.4.24 AND 4.6.9 TO REFLECT THE CHANGE IN
TERMINOLOGY FROM "RESIDENTIAL AND NON-
RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT
FACILITY" TO "RESIDENTIAL AND NON-RESIDENTIAL
LICENSED SERVICE PROVIDER FACILITY"; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE.
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01/06/04
(The official copy of Ordinance No. 4-04 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance.
Paul Dorling, Director of Planning and Zoning, stated the proposed
ordinance repeals the definitions for "Residential and Non-residential Alcohol and Drug
Abuse Treatment Facility" and enacts new definitions for "Residential and Non-
Residential Licensed Service Provider", changes the reference from "alcohol and drug
abuse treatment facilities" to "Licensed Service Provider Facilities" to be consistent with
the terminology of such facilities in State Statutes.
At its meeting of December 15, 2003, the Planning and Zoning Board held
a public hearing. There was a member of the public that had no objections to the
amendment, but recommended some grammatical changes to the ordinance. After
discussing the amendment, the Board voted 5-0 (Krall and Pike absent) to recommend to
the City Commission approval of the proposed amendment to the Land Development
Regulations regarding "Residential and Non-Residential Licensed Service Provider",
based upon positive findings with LDR Section 2.4.5(M).
Mrs. Archer moved to approve Ordinance No. 4-04 on FIRST Reading,
seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mr. Levinson
- Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer -
Yes. Said motion passed with a 5 to 0 vote.
At this point, the Commission moved to Item ll.A. Comments and
Inquiries on Non-Agenda Items from the City Manager.
ll.A.
City Manager's response to prior public comments and inquiries.
The City Manager had no response to prior public comments and
inquiries.
At this point, Mr. Levinson inquired about how the recovery group is
progressing and asked if they are active. In response, Mrs. Archer stated they are in the
process of scheduling a seminar at the Community Center for those individuals operating
sober houses so they are aware of the City's rules and regulations. Mrs. Archer stated the
Police Department has established a communication with the organization and after the
seminar is held they will be in a position to put some pressure on individuals who are not
abiding by the City's ordinances. This will be tentatively scheduled for the second
weekend in February. Mr. Levinson commented about the Code of Conduct and asked
for the list of those that have signed on to the Code of Conduct. Mrs. Archer stated this is
currently with the Police Department and she would like to reserve the release of this
information on a public basis until after the seminar and commented she will get back to
the Commission about the exact date of the seminar.
At this point, the time being 6:50 p.m. the Commission took a short break.
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01/06/04
At this point, the time being 7:00 p.m. the Commission reconvened the
meeting and moved to the duly advertised Public Hearings portion of the Agenda.
10.
PUBLIC HEARINGS:
10.A. ORDINANCE NO. 47-03: An ordinance rezoning from R-i-AA (Single
Family Residential) to RM-8 (Multiple Family Residential-Medium Density-8 dwelling
units per acre) for a 1.36 acre parcel of land known as Simmons Cay located on the west
side of State Road A-1-A (Ocean Boulevard) approximately 140 feet south of Vista Del
Mar Drive. 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. (Quasi-Judicial
Hearing)
The caption of Ordinance No. 47-03 reads as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, REZONING AND PLACING
LAND PRESENTLY ZONED R-l-AA (SINGLE FAMILY
RESIDENTIAL) DISTRICT TO RM-8 (MEDIUM DENSITY
RESIDENTIAL-8 DWELLING UNITS PER ACRE) DISTRICT;
SAID LAND BEING A PARCEL OF LAND LOCATED ON
THE WEST SIDE OF STATE ROAD A-1-A (OCEAN
BOULEVARD), APPROXIMATELY 140 FEET SOUTH OF
VISTA DEL MAR DRIVE, AS MORE PARTICULARLY
DESCRIBED HEREIN; AMENDING "ZONING MAP OF
DELRAY BEACH, FLORIDA, APRIL 2003"; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND
AN EFFECTIVE DATE.
(The official copy of Ordinance No. 47-03 is on file in the City Clerk's
office.)
The City Clerk swore in those individuals who wished to give testimony
on this item.
Mayor Perlman asked the Commission to disclose any ex parte contacts.
No ex parte communications were disclosed.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2003-334 into the record.
Paul Dorling, Director of Planning and Zoning, stated the subject property
consists of all of the Simmons Cay plat and a portion of the Ocean Cay plat, and contains
1.5 acres (222 North Ocean Boulevard). The property was zoned RM (Medium Density
Residential) until 1992. The applicant's request is to change the zoning designation of
the property from R-l-AA (Single Family Residential) to RM (Medium Density
Residential). The proposed rezoning is requested as a prelude to the future development
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01/06/04
of the property as a multiple family residential project. The Planning and Zoning staff
reviewed the request and recommended application of a density suffix of eight units per
acre. This suffix would limit the maximum unit density to eight units per acre, which is
more appropriate given the surrounding prevailing land use patterns.
At its meeting of November 17, 2003, the Planning and Zoning Board held
a public hearing in conjunction with the request. There were several people that spoke in
favor of the rezoning with the density suffix, including two representatives from the
Beach Property Owners' Association (BPOA). There were also some residents from the
Vista Del Mar subdivision to the north who spoke in opposition to the rezoning request
who felt that a maximum density of five or six units per acre was more appropriate. After
reviewing the staff report and discussing the proposal, the Board voted 6-0 (Kenneth
Peltzie absent) to recommend approval of the rezoning request from R-l-AA to RM-8
based on positive findings with respect to Chapter 3, LDR Section 3.2.2 (Standards for
Rezoning Actions), and LDR Section 2.4.5(D)(5) (Rezoning Findings), and the Goals,
Objectives and Policies of the Comprehensive Plan, based on a finding that the proposed
density is appropriate based upon the Future Land Use Map designations of the
surrounding properties as well as the prevailing development pattern of the surrounding
area.
At this time, the applicant stepped forward to present his case:
Robert Simmons, 222 North Ocean Boulevard, Delray Beach (applicant),
stated the rear of the property faces some backyards of some homes that run parallel to
Ocean Boulevard and Vista Del Mar runs along the side of his property and the rear of
the properties (Vista Del Mar) are adjacent to the side of the property. Mr. Simmons
stated his property is not part of Vista Del Mar and the only contact is to the rear of the
homes. Furthermore, Mr. Simmons stated he does not feel there is going to be any
negative impact to their homes and feels it will be an improvement to the area.
Mayor Perlman declared the public hearing open.
Ted Rauch, Vista Del Mar, stated his home is the second house in from
A1A and his backyard abuts this property. Mr. Rauch stated the density on Vista Del
Mar is less than 3 units per acre and feels they residents could live with the zoning of
RM-5. Mr. Rauch entered photos into the record showing what the density of RM-8
would look like. He suggested that the Commission consider this property be zoned RM-
5 and expressed concern over the integrity of the neighborhood if this were zoned RM-8.
Kari Shipley, 1210 Vista Del Mar, Delray Beach (property adjacent to Mr.
Simmon's property) expressed concern over the density, height, drainage, and the dirt.
Andy Katz, 220 S. Ocean Boulevard, Delray Beach, expressed concern
over the proposed increase in density and stated whenever there is an increase in density
in or adjacent to a residential neighborhood he feels this changes the flavor of the
neighborhood. Mr. Katz stated in some cases this may be justified if it is for some civic
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01/06/04
good (i.e. affordable housing). Mr. Katz stated if the City approves a policy of favoring
increasing density it will only put greater economic pressure on all those lots for the
future.
Susan Hurlburt, 1230 Vista Del Mar, expressed concern over the density
and does not foresee any chance of this staying as single-family because of the previous
zoning and stated the neighborhood needs to be preserved.
Mr. Levinson moved to approve Ordinance No. 47-03 on Second and
FINAL Reading based upon the findings with respect to Chapter 3, LDR Section 3.2.2
(Standards for Rezoning Actions), and LDR Section 2.4.5(D)(5) (Rezoning Findings),
and the Goals, Objectives and Policies of the Comprehensive Plan, based on a finding
that the proposed density is appropriate based upon the Future Land Use Map
designations of the surrounding properties as well as the prevailing development pattern
of the surrounding area, seconded by Mr. Costin. Upon roll call the Commission voted
as follows: Ms. McCarthy - Yes; Mayor Perlman - No; Mr. Costin - No; Mrs. Archer -
No; Mr. Levinson - Yes. Said motion FAILED with a 3 to 2 vote, Mayor Perlman, Mr.
Costin, and Mrs. Archer dissenting.
10.B. ORDINANCE NO. 20-03 (ADOPTION HEARING FOR
COMPREHENSIVE PLAN AMENDMENT 2003-02): Consider on second reading an
ordinance adopting Comprehensive Plan Amendment 2003-02 and associated Future
Land Use Map (FLUM) amendments, Amendment 2003-02 includes:
Redevelopment Plan for the Wallace Drive INdustrial Area.
Amendments to the Text of the Comprehensive Plan include:
a) Modification of Future Land Use Element Policy C-2.3 to
reflect adoption of a Redevelopment Plan for
Redevelopment Area #2 (Wallace Drive industrial Area).
b) Creation of Future Land Use Element Policy C-1.7 to
reflect completion of a Neighborhood Redevelopment Plan
for the Southwest Area.
Amendments to the Future Land Use Map include:
a) Future Land Use Map Amendment from TRN
(Transitional) in part and OS-C (Open Space-Conservation)
in part to MD (Medium Density Residential 5-12 du/ac) for
a 0.509 acre portion of the Delray Harbor Club
Condominium Development, located on the east side of
U.S. Highway 1, approximately 650' south of S.E. l0th
Street.
b) City initiated Future Land Use Map Amendment for
approximately 45.5 acres from RDA-2 (Redevelopment
Area #2) to CMR (Commerce) in part, iND (industrial) in
part and CF-C (Community Facilities-Churches) in part for
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01/06/04
c)
the Wallace Drive Redevelopment Area.
City initiated Future Land Use Map Amendment from MD
(Medium Density Residential 5-12 du/ac) to GC (General
Commercial) for the following areas pursuant to the
adopted Southwest Area Neighborhood Redevelopment
Plan:
i. South of West Atlantic Avenue and north of S.W. 1st
Street, between S.W. 8th Avenue and S.W. 12th
Avenue
ii. East and west sides of S.W. 5th Avenue, south of
S.W. 1st Street
iii. Northwest corner of S.W. 1st Street and S.W. 4th
Avenue
The caption of Ordinance No. 20-03 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, ADOPTING
COMPREHENSIVE PLAN AMENDMENT 2003-2 PURSUANT
TO THE PROVISIONS OF THE "LOCAL GOVERNMENT
COMPREHENSIVE PLANNING AND LAND DEVELOPMENT
REGULATION ACT", FLORIDA STATUTES SECTIONS
163.3161 THROUGH 163.3243, INCLUSIVE; ALL AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED
"COMPREHENSIVE PLAN AMENDMENT 2003-2" AND
INCORPORATED HEREIN BY REFERENCE; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE.
(The official copy of Ordinance No. 20-03 is on file in the City Clerk's
office.)
Paul Darting, Director of Planning and Zoning, stated the amendment
includes the Wallace Redevelopment Plan, two (2) City initiated Future Land Use Map
amendments, one (1) privately initiated Future Land Use Map amendment, and two (2)
minor text changes. In summary, the objections involved the need for additional data and
analysis to support the Future Land Use Map changes proposed within the Southwest
Neighborhood Area Redevelopment Plan and the Wallace Drive Redevelopment Plan.
Mr. Darting stated the Planning and Zoning Board considered the ORC
Report at its December 15, 2004, meeting and unanimously voted 4-0 to recommend
adoption of Comprehensive Plan Amendment 2003-2.
Mayor Pertman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 20-03,
the public hearing was closed.
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01/06/04
Mrs. Archer moved to adopt Ordinance No. 20-03, seconded by Mr.
Costin. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr.
Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said
motion passed with a 5 to 0 vote.
10.C. ORDINANCE NO. 48-03: An ordinance rezoning from POD
(Professional Office District) in part and CD (Conservation District) in part to RM
(Medium Density Residential) for a 0.509 acre portion of the Delray Harbor Club
Condominium Development located on the east side of U.S. Highway No. 1,
approximately 650 feet south of S.E. l0th Street. 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. (Quasi-Judicial Hearing)
The caption of Ordinance No. 48-03 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, REZONiNG AND PLACING
LAND PRESENTLY ZONED POD (PROFESSIONAL AND
OFFICE) DISTRICT IN PART, AND CD (CONSERVATION)
DISTRICT IN PART TO RM (MEDIUM DENSITY
RESIDENTIAL) DISTRICT; SAID LAND BEING A PARCEL
OF LAND LOCATED ON THE EAST SIDE OF U.S.
HIGHWAY NO 1, APPROXIMATELY 650 FEET SOUTH OF
SE 10TH STREET, AS MORE PARTICULARLY DESCRIBED
HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH,
FLORIDA, APRIL, 2003"; PROViDiNG A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 48-03 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance.
No one came forward to be sworn in by the City Clerk.
Mayor Perlman asked the Commission to disclose any ex parte
communications. No ex parte communications were disclosed.
Paul Dorling, Director of Planning and Zoning, stated this is the
accompanying rezoning that accompanies the land use amendment on 2003-2. In order to
accommodate the proposed improvements, the applicant proposed to rezone the property
from POD (Professional and Office District) in part and CD (Conservation District) in
part to RM (Multiple Family Residential).
At its meeting of July 21, 2003, the Planning and Zoning Board held a
public hearing in conjunction with the Rezoning and FLUM amendment requests. After
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01/06/04
reviewing the staff report and discussing the proposal, the Board unanimously voted 4-0
(Sowards stepped down; Woehlkens and Morris absent) to recommend that the requests
be approved, based on positive findings with respect to Future Land Use Element Policy
A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1
(Required Findings), LDR Section 2.4.5(D)(5) (Rezoning Findings) and the Goals,
Objectives, and Policies of the Comprehensive Plan.
Mayor Perlman declared the public hearing open. There being no one
who wished to address the Commission regarding Ordinance No. 48-03, the public
hearing was closed.
Ms. McCarthy moved to adopt Ordinance No. 48-03 on Second and
FINAL Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as
follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson -
Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote.
10.D. ORDINANCE NO. 49-03: An ordinance rezoning from R-1-A (Single
Family Residential) to LI (Light Industrial) for parcels of land located on the east side of
Wallace Drive, south of S.W. l0th Street; and, rezoning from I (Industrial) to MIC
(Mixed Industrial and Commercial) for two parcels of land located 100 feet east of
Tangelo Terrace, between Poinsettia Drive and Georgia Street in conjunction with the
Wallace Drive Redevelopment Plan. 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. (Quasi-Judicial Hearing)
The caption of Ordinance No. 49-03 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, REZONING AND PLACING
CERTAIN PARCELS OF LAND, AS MORE PARTICULARLY
DESCRIBED HEREIN, FROM R-1-A (SINGLE FAMILY
RESIDENTIAL) DISTRICT TO LI (LIGHT INDUSTRIAL)
DISTRICT; AND, FROM I (INDUSTRIAL) DISTRICT TO MIC
(MIXED INDUSTRIAL AND COMMERCIAL) DISTRICT; ALL
REQUIRED TO IMPLEMENT THE WALLACE DRIVE
REDEVELOPMENT PLAN; SAID PARCELS OF LAND
LOCATED ON THE SOUTH SIDE OF SW 10TM STREET,
BETWEEN WALLACE DRIVE AND SW 9TM AVENUE; AND,
WEST OF LIME LANE, BETWEEN GEORGIA STREET AND
POINSETTIA DRIVE, AS MORE PARTICULARLY
DESCRIBED HEREIN; AMENDING "ZONING MAP OF
DELRAY BEACH, FLORIDA, APRIL 2003"; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND
AN EFFECTIVE DATE.
(The official copy of Ordinance No. 49-03 is on file in the City Clerk's
office.)
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01/06/04
The City Attorney read the caption of the ordinance.
No one came forward to be sworn in by the City Clerk.
Mayor Perlman asked the Commission to disclose any ex parte
communications. No ex parte communications were disclosed.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2003-289 and #2003-290 into the record.
Mr. Dorling stated at its meeting of July 21, 2003, the Planning and
Zoning Board held a public hearing in conjunction with the FLUM amendment and
Rezoning requests. After reviewing the staff report and discussing the proposal, the
Board unanimously voted 5-0 (Woehlkens and Morris absent) to recommend that the
FLUM Amendment and Rezoning requests be approved, based on positive findings with
respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM
Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2
(Standard for Rezoning Actions, LDR Section 2.4.5(D)(5) (Rezoning Findings) and the
Goals, Objectives, and Policies of the Comprehensive Plan. Staff recommends approval
of the request.
Mr. Levinson moved to adopt Ordinance No. 49-03 on Second and
FINAL Reading, seconded by Mr. Costin. Upon roll call the Commission voted as
follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy -
Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote.
10.E. ORDINANCE NO. 50-03: An ordinance rezoning from RM (Medium
Density Residential) to GC (General Commercial) for the following areas pursuant to the
adopted Southwest Area Neighborhood Redevelopment Plan:
1_ South of West Atlantic Avenue, north of S.W. 1st Street, between S.W.
8th Avenue and S.W. 12th Avenue.
2_ East and west sides ofS.W. 5th Avenue, south ofS.W. 1st Street.
3. Northwest corner of S.W. 1st Street and S.W. 4th Avenue.
(Quasi-Judicial Hearing)
The caption of Ordinance No. 50-03 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, REZONING AND PLACING
CERTAIN PARCELS OF LAND PRESENTLY ZONED RM
(MEDIUM DENSITY RESIDENTIAL) DISTRICT TO GC
(GENERAL COMMERCIAL) DISTRICT; ALL AS REQUIRED
TO IMPLEMENT THE SOUTHWEST NEIGHBORHOOD
REDEVELOPMENT PLAN; SAID PARCELS OF LAND
LOCATED SOUTH OF WEST ATLANTIC AVENUE (AND
NORTH OF NW 1ST STREET) BETWEEN SW 8TH AVENUE
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AND SW 12TH AVENUE; EAST AND WEST SIDES OF SW
5TH AVENUE, SOUTH OF SW 1ST STREET; AND, THE
NORTHWEST CORNER OF SW 1ST STREET AND SW 4TH
AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN;
AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA,
APRIL 2003"; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 50-03 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance.
The City Clerk swore in those individuals who wished to give testimony
on this item.
Mayor Perlman asked the Commission to disclose any ex parte
communications. Mayor Perlman stated he had a conversation with Joe Gray
(Consultant). Mr. Levinson, Ms. McCarthy, Mr. Costin, and Mrs. Archer had no ex parte
communications to disclose.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2003-291 and #2003-292 into the record.
Mr. Dorling stated this is also the rezoning associated with the land use
changes. Mr. Dorling reiterated that the changes are from RM (Medium Density
Residential) to GC (General Commercial). Mr. Dorling stated this item also went before
the Planning and Zoning Board in July and was held in abeyance awaiting approval of the
Comprehensive Plan amendment. The Planning and Zoning Board unanimously
recommended approval.
Mayor Perlman declared the public hearing open.
Joe Gray, JD Associates (Planning Consultant for the S.W.
Redevelopment Plan), encouraged the Commission to approve the request and stated
there was a strong community sentiment for the neighborhood serving commercial
activity. He stated the Plan includes a transitional area between the commercial district
and single-family residential area with mixed use, residential office, and multi-family
development in that area.
There being no one else who wished to address the Commission regarding
Ordinance No. 50-03, the public hearing was closed.
Mr. Dorling stated at the first reading of this ordinance, there was a
request to identify the CRA owned properties with respect to these properties, which was
provided in the backup.
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01/06/04
Mrs. Archer moved to adopt Ordinance No. 50-03 on Second and FINAL
Reading, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mrs.
Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr.
Costin - Yes. Said motion passed with a 5 to 0 vote.
10.F. ORDINANCE NO. 1-04 (FIRST READING/FIRST PUBLIC
HEARING): An ordinance amending Land Development Regulations Section 4.4.26 Li
(Light industrial) District and Article 4.5 "Overlay and Environmental Management
Districts" relating to the Wallace Drive Area Redevelopment Plan. If passed, a second
public hearing will be scheduled for February 3, 2004. Prior to consideration of passage
of this ordinance on First Reading/First Public Hearing, a public hearing has been
scheduled to be held at this time.
The caption of Ordinance No. 1-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING SECTION
4.4.26, "LIGHT iNDUSTRIAL (Li) DiSTRiCT, SUBSECTION
4.4.26 (F), "DEVELOPMENT STANDARDS" AND
SUBSECTION 4.4.26(H), "SPECIAL DISTRICT
REGULATIONS", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH, TO
PROVIDE FOR THE WALLACE DRIVE OVERLAY
DISTRICT; AMENDING ARTICLE 4.5, "OVERLAY AND
ENVIRONMENTAL MANAGEMENT DISTRICTS", OF THE
LAND DEVELOPMENT REGULATIONS, BY ENACTING
SECTION 4.5.8, "THE WALLACE DRIVE OVERLAY
DISTRICT", TO DEFINE AND ESTABLISH SAID OVERLAY
DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE AND AN EFFECTIVE DATE.
office.)
(The official copy of Ordinance No. 1-04 is on file in the City Clerk's
The City Attorney read the caption of the ordinance.
Paul Dorling, Director of Planning and Zoning, stated the Overlay District
creates some standards which are consistent with the MiC for that area on the east side of
Wallace Drive rezoned from R-1-A (Single Family Residential). The Overlay District
increases the front setback for the Li district from 10 feet to 25 feet and incorporates the
development standards of the MiC zone with respect to minimum development area, lot
size, lot dimensions and tenant space requirements.
At its meeting of December 15, 2003, the Planning and Zoning Board held
a public hearing regarding this item at its meeting of December 15, 2003, the Board voted
5-0 (Pike and Krall absent) to recommend approval of the proposed text amendment,
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based upon positive findings with respect to LDR Section 2.4.5(M).
Mayor Perlman declared the public hearing open. There being no one
who wished to address the Commission regarding Ordinance No. 1-04, the public hearing
was closed.
Mr. Costin moved to approve Ordinance No. 1-04 on First Reading/First
Public Heraing, seconded by Mrs. Archer. Upon roll call the Commission voted as
follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin -
Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote.
10.G. ORDINANCE NO. 3-04 (FIRST READING/FIRST PUBLIC
HEARING): An ordinance amending the Land Development Regulations Appendix A
"Definitions" to amend the definition of adult entertainment establishment to provide for
the inclusion of Adult Novelty Stores and to provide a definition of Adult Novelty Stores.
If passed, a second public hearing will be scheduled for February 3, 2004. Prior to
consideration of passage of this ordinance on First Reading/First Public Hearing, a public
hearing has been scheduled to be held at this time.
The caption of Ordinance No. 3-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, AMENDING APPENDIX "A", BY AMENDING THE
DEFINITION OF "ADULT ENTERTAINMENT
ESTABLISHMENT" IN ORDER TO PROVIDE FOR THE
INCLUSION OF ADULT NOVELTY STORES IN THE
DEFINITION OF ADULT ENTERTAINMENT
ESTABLISHMENT AND ENACTING A DEFINITION OF
ADULT NOVELTY STORE; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
office.)
(The official copy of Ordinance No. 3-04 is on file in the City Clerk's
The City Attorney read the caption of the ordinance.
Paul Dorling, Director of Planning and Zoning, stated at its meeting of
December 15, 2003, the Planning and Zoning Board held a public hearing regarding this
item and after discussing the amendment the Board voted 5-0 (Krall and Pike absent) to
recommend approval of the proposed amendment to Appendix "A .... Definitions" to
amend the definition of Adult Entertainment Establishment and to provide a definition of
Adult Novelty Stores, based upon positive findings with LDR Section 2.4.5(M). There
was a member of the public who had a concern that the ordinance only related to
businesses that are operated for commercial gain and did not include non-profit
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organizations. He also expressed concern with the definition of Adult Novelty Store
where it states "specified sexual activities". The concerns raised have been discussed
with the City Attorney's office and no changes are proposed as the proposed ordinance is
consistent with the Palm Beach County ordinance which defines "commercial gain" and
"specified sexual activities".
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 3-04,
the public hearing was closed.
Mr. Levinson moved to adopt Ordinance No. 3-04 on First Reading/First
Public Hearing, seconded by Ms. McCarthy. Upon roll call the Commission voted as
follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer -
Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote.
10.H. RESOLUTION NO. 79-03: Consider approval of Resolution No. 79-03
authorizing the City to sell property known as the current library site, Contract for Sale
and Purchase between the City and the Delray Beach Community Redevelopment
Agency (CRA), and Acceptance of the Tripartite and Interlocal Agreement and
Amendment No. 1 and Amendment No. 2. Prior to consideration of passage of this
resolution, a public hearing has been scheduled to be held at this time.
The caption of Resolution No. 79-03 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE
SALE, PURCHASE, EXCHANGE AND LEASE OF CERTAIN
REAL PROPERTY LOCATED IN PALM BEACH COUNTY,
FLORIDA, AS DESCRIBED HEREIN, HEREBY
INCORPORATING AND ACCEPTING THE TRIPARTITE
AND INTERLOCAL AGREEMENT AND AMENDMENT NO.
1 AND AMENDMENT NO. 2 THERETO AND LEASE,
WHICH CONTAIN THE TERMS AND CONDITIONS OF
THE SALE, PURCHASE, EXCHANGE AND LEASE OF
REAL PROPERTY BETWEEN THE CITY OF DELRAY
BEACH, FLORIDA, THE DELRAY BEACH COMMUNITY
REDEVELOPMENT AGENCY, AND THE DELRAY BEACH
PUBLIC LIBRARY ASSOCIATION, INC.
office.)
(The official copy of Resolution No. 79-03 is on file in the City Clerk's
Due to a conflict of interest, Mayor Perlman stepped down and passed the
gavel to Vice Mayor Levinson.
Vice Mayor Levinson declared the public hearing open. There being no
one from the public who wished to address the Commission regarding Resolution No. 79-
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03, the public hearing was closed.
Mrs. Archer moved to approve Resolution No. 79-03, seconded by Mr.
Costin. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer
- Yes; Vice Mayor Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 4
to 0 vote.
At this point, Mayor Perlman returned to the dais.
At this point, the Commission moved to Item 11, Comments and
Inquiries on Non-Agenda Items.
11.
Comments and Inquiries on Non-Agenda Items from the Public.
11.B. From the Public.
ll.B.1. Jay Slavim 2601 N.W. l0th Street~ Delray Beach~ commented about the
library proposal and stated a fountain is being proposed for the front in addition to the
caf& Mrs. Slavin suggested that the front of the fountain be changed to an art sculpture.
Mrs. Slavin stated on the east side of the proposed library is a children's division and she
commented about a sculpture at the Boca Raton Hotel and Country Club of a group of
children holding hands and suggested that staff try and obtain a copy of this. Mrs. Slavin
stated she has talked to three public groups and the reception has been overwhelming and
it appears most of the people would rather have the art and the sculpture instead of the
fountain. Mrs. Slavin urged the Commission to support her idea in concept only.
ll.B.2. Alice Finst~ 707 Place Tavant~ Delray Beach~ representing Progressive
Residents of Delray Beach (PROD), stated they would like to know what happened with
the model of the proposed library that was supposed to be presented to the public
November 15, 2003. Mrs. Finst asked the Commission to follow up with this and make
every attempt to find the model.
Secondly, Mrs. Finst commented about the simple solution of protecting
our quality of life and stated PROD's position is that safety is the number one issue on
A1A and they feel this is a safety issue not a historic roadway or landscaping issue. Mrs.
Finst stated PROD would like the City to proceed as quickly as possible and do whatever
it takes to get the bicycle paths.
Mrs. Finst stated she has been tracking the sign code revision contract and
commented it was presented to the Beach Merchant's Association on December 17, 2003
and was also presented to SPRAB as a presentation. Mrs. Finst suggested since SPRAB
enforces and looks at the designs that are featured with regard to the sign code schedule
that SPRAB should not only review it but should have it on the agenda for public review.
Mrs. Finst stated there is no schedule to put this before the Neighborhood Advisory
Council. Mrs. Finst stated she would like to see the sign code included on the agenda
under presentations before it gets to Planning and Zoning and the City Commission. She
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feels everyone needs to be a part of this especially SPRAB and the Neighborhood
Advisory Council in order to review it as to how it affects the neighborhoods.
ll.B.3. Jim Smith, 1225 S. Ocean Boulevard, Delray Beach, stated the
upcoming Bond Issue is more of an investment in the future quality of life then it is a tax
increase. Mr. Smith stated the entire community will benefit from the Bond Issue and he
encouraged everyone to vote "Yes" on every issue.
ll.B.4. Jeff McKee, 3220 Jasmine Court, Delray Beach, stated he has a floating
structure in the canal behind his home which he keeps a kayak and a small motor boat
attached. He commented he was cited by the Code Enforcement Board for this. Mr.
McKee stated he did some research and went to three canals in his neighborhood and
found nine floating docks similar to his. Mr. McKee stated he was advised by the Code
Enforcement Board to present this to the Commission and suggested the City review the
laws and that they be rewritten as to how these structures are put in. Mr. McKee feels if
the structure is not in compliance then Code Enforcement should cite all floating docks
and not just his.
Mr. Levinson stated the City does not need a new rule but instead needs to
enforce the Code currently in place.
The City Attorney stated the situation Mr. McKee finds himself under is
covered by the City Code. However, the City Attorney stated the issue is whether the
Commission would like to review the Code and make any changes to it.
The City Manager stated the Community Improvement staff can review
the City Code and see if it needs to be clarified.
Mr. McKee asked that the City Code be revisited and possibly rewritten
with regard to floating structures. Mr. McKee stated if this is properly enforced and
everyone has to remove their floating docks then he does not have a problem with this.
However, Mr. McKee expressed concern that this is currently not being enforced equally.
ll.B.5. Dr. Joe Finley, 3031 Jasmine Court, Delra¥ Beach (neighbor of Mr.
McKee) expressed concern that Mr. McKee is reluctant to abide by the law and urged the
Commission to enforce the Code and that it not be altered.
ll.B.6. Lloyd Milner, 919 Jasmine Drive, Delray Beach, stated it is important
that the ordinances written are enforced and he feels the Code needs to be clarified.
At this point, the time being 8:25 p.m., the Commission moved back to the
Regular Agenda.
9.B. ADULT ARCADES: Consider initiating a moratorium process regarding
"Adult Arcades".
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01/06/04
The City Attorney stated this item is a request to ask the Commission
whether or not they would like to initiate an ordinance regarding a moratorium on Adult
Arcades. Although the ordinance would have to go through the normal process, the City
Attorney stated it would help to start the process. The City Attorney stated there is some
litigation issue regarding Adult Arcades and whether or not the activities constitute
gambling. The City Attorney stated this will come back to the Commission in
approximately four (4) months for a first and second reading.
Mr. Levinson moved to authorize to proceed initiating a moratorium
regarding "Adult Arcades", seconded by Ms. McCarthy. Upon roll call the Commission
voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms.
McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote.
9.C. CONDITIONAL USE REQUEST/SPINNERS ARCADE: Consider a
request for conditional use approval to allow the establishment of a coin operated
amusement game facility to be known as Spinners Arcade to occupy three (3) bays within
the Boca Ray Plaza, (4900 Linton Boulevard, Suite #33) located at the southeast corner
of Linton Boulevard and Military Trail. (Quasi-Judicial Hearing)
The City Clerk swore in those individuals who wished to give testimony
on this item.
Mayor Perlman asked the Commission to disclose any ex parte
communications. Mr. Levinson, Ms. McCarthy, Mr. Costin, and Mrs. Archer spoke with
Michael Weiner. Mayor Perlman had no ex parte communications to disclose.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2004-048 into the record.
Mr. Dorling stated this is a Conditional Use request to establish a coin
operated amusement facility. At this time, the applicant is proposing no upgrades. The
facility would occupy 4,200 square feet (3 out parcels) within the Boca Ray Plaza Center
located at the southeast comer of Military Trail and Atlantic Avenue. Mr. Dorling stated
the applicant is proposing no exterior upgrades to the building, landscaping, or parking
areas. The hours of operation are requested to be from 9:00 a.m. to 11:00 p.m., seven
days a week.
At its meeting of December 15, 2003, the Planning and Zoning Board held
a public hearing in conjunction with the request and after lengthy discussion the Board
recommended approval subject to conditions which include:
That an attendant be provided during hours of operation.
That the hours of operation be limited to 9:00 a.m. to 11:00 p.m., seven
days a week.
That no one under 21 years of age shall be allowed in the establishment.
That should the courts determine that the use of the machines are not
exempt from Florida's prohibition as gambling, the conditional use will
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become null and void.
That the consumption of alcohol be prohibited on the premises.
Staff recommends approval subject to the above listed conditions.
Michael Weiner, Attorney speaking on behalf of Spinners, gave a brief
presentation and presented samples of what the arcade looks like in Davie. Mr. Weiner
stated the machines look like slot machines; however, the machines are different because
there is a level of skill involved. Mr. Weiner stated the Conditional Use requirements are
divided into two parts; one being an analysis under Chapter 3 and an analysis under LDR
Section 2.4.5. Mr. Weiner stated there is a positive report from the Planning and Zoning
staff and the Planning and Zoning Board and this is substantial competent evidence to be
met for the purposes of proving that the Conditional Use is deserved. Mr. Weiner stated
the first condition has to do with the appropriate designation; the second is to do with
concurrency, and compliance with the Comprehensive Plan. With respect to the
conditions, Mr. Weiner stated he agrees with all the conditions including the additional
condition that there be no consumption of alcohol. Mr. Weiner stated if this particular
use is declared illegal under the State law then the Conditional Use will end. Mr. Weiner
encouraged the Commission to vote in favor of this Conditional Use request.
Mr. Costin asked how does the City license the establishment and/or
license each machine. In response, Mr. Dorling stated he believes the City has a
games/amusements category under a single entity.
Mrs. Archer asked what type of skill is involved. In response, Mr. Weiner
stated the machines are set up different than slot machines for the purposes of allowing a
person to actually get better at the game if they desire. There is a "skill" button where
someone can stop the wheels on the machine and therefore improve their scores and get
more tickets for the purposes of redemption.
Prior to the vote, Mayor Perlman stated with regard to LDR Section 2.4.5
he feels this will hinder the development and redevelopment of nearby properties.
Mr. Levinson moved to approve the Conditional Use request for Spinners
with the attached five (5) conditions based upon positive findings with respect to Chapter
3 (Performance Standards) and Section 2.4.5(E)(5) (Required Findings) of the Land
Development Regulations, and policies of the Comprehensive Plan, seconded by Mrs.
Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr.
Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - No; Mr. Costin - Yes. Said
motion passed with a 4 to 1 vote, Mayor Perlman dissenting.
At this point, the Commission moved to Item 12.C. Ordinance No. 7-04.
12.C. ORDINANCE NO. 7-04: An ordinance rezoning from POC (Planned
Office Center) to RM-11 (Multiple Family Residential-Medium Density-il dwelling
units per acre) for a 5.04 acre parcel of land to be known as Atlantic Palms located on the
south side of West Atlantic Avenue, approximately 140 feet east of Whatley Road. If
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passed, a quasi-judicial public hearing will be scheduled for February 3, 2004.
The caption of Ordinance No. 7-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
REZONING AND PLACING LAND PRESENTLY
ZONED POC (PLANNED OFFICE CENTER)
DISTRICT TO RM- 11 (MEDIUM DENSITY
RESIDENTIAL-ii DWELLING UNITS PER ACRE)
DISTRICT; SAID LAND BEING A PARCEL OF
LAND LOCATED ON THE SOUTH SIDE OF WEST
ATLANTIC AVENUE, APPROXIMATELY 140 FEET
EAST OF WHATLEY ROAD, AS MORE
PARTICULARLY DESCRIBED HEREIN;
AMENDING "ZONING MAP OF DELRAY BEACH,
FLORIDA, APRIL 2003"; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND
AN EFFECTIVE DATE.
(The official copy of Ordinance No. 7-04 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance.
The City Attorney recommends that the Commission waive the LDR
section that prohibits applying for a rezoning more than once every six months.
Mrs. Archer moved to accept an amendment to waive the LDR Sections
regarding prohibiting a rezoning within six (6) months and requesting that this be brought
back to the Commission and that there will be appropriate advertising in the future,
seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr.
Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs.
Archer - Yes. Said motion passed with a 5 to 0 vote.
At this point, the Commission moved to Item 13, Comments and
Inquiries on Non-Agenda Items.
13.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A. City Manager.
The City Manager had no comments and inquiries on non-agenda items.
13.B. City Attorney.
The City Attorney had no comments and inquiries on non-agenda items.
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01/06/04
13.C.
13.C.1.
City Commission.
Mrs. Archer
Mrs. Archer stated she had the opportunity to attend the Dedication of the
Habitat for Humanity houses in December and it was very exciting.
Secondly, Mrs. Archer commented about a notification she received for
floating classroom cruises from Veteran's Park teaching basic navigation.
Mrs. Archer stated at the Prayer Breakfast tomorrow morning Angela
Buckner (student Seacrest Presbyterian School) will be giving the invocation for youth.
13.C.2.
Commissioner Costin
Mr. Costin commented about First Night and stated this was a fabulous
event. In addition, Mr. Costin stated he is very proud of the community that this event
was so successful.
13.C.3.
Commissioner McCarthy
Ms. McCarthy stated First Night was well attended and commended
everyone involved for putting together such a great event and for keeping everyone safe
and secure as well.
13.C.4.
Commissioner Levinson
Mr. Levinson stated with regard to the holiday events, not only was the
First Night event great but the Tree at Old School Square was very well received. Mr.
Levinson stated it was exciting to see the entertainment and retailers doing so well.
Secondly, Mr. Levinson announced that it was the 200th Anniversary of
the Haitian Independence Day on January 1, 2004 and he suggested the City
acknowledge this in some way although it is after the fact.
Mr. Levinson commented about the Meinke Muffler store located on
South Federal Highway and stated the owner wanted to convert this to a retail furniture
store and was told he could not do this unless he made several modifications to the
structure. Mr. Levinson stated he drove by a few days after this and the owner opened
the retail furniture store placing furniture and signage outside. Mr. Levinson stated he
reported this to the Code Enforcement division and everything has been taken care of.
However, Mr. Levinson suggested that a letter be sent to the individual responsible
explaining that just because something is denied by the Commission this does not mean
someone can do whatever they want to. Mr. Levinson stated it was inappropriate and
disgraceful that this was done.
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01/06/04
Mr. Levinson stated he is a little unclear about the conversation regarding
the floating dock and commented the Code Enforcement Board gave Mr. McKee a 90
day deferral of enforcement before they enact a fine. The City Manager stated staff will
review the ordinance and see how it applies.
13.C.5.
Mayor Perlman
Mayor Perlman stated this was one of the best holiday seasons ever.
Mayor Perlman stated First Night was great and he commended staff for doing a great
job.
Secondly, Mayor Perlman stated a student from the Village Academy who
performed in the Christmas Pageant died of an asthma attack the next day. Mayor
Perlman stated the family did not have proper clothing for the funeral and he commended
Officer Jeff Messer and Officer Jeff Miller because within one hour they had provided
clothing for the entire family which was donated by a local merchant.
Mayor Perlman commented about the Skate Park at the "505" Teen Center
and stated it is great amenity that people can use at no cost. Mayor Perlman stated the
addition of the Skate Park has helped to integrate the entire Teen Center.
There being no further business, Mayor Perlman declared the meeting
adjourned at 8:50 p.m.
City Clerk
ATTEST:
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the Minutes of the Regular City Commission Meeting held
on January 6, 2004, which Minutes were formally approved and adopted by the City
Commission on February 3, 2004
City Clerk
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01/06/04
NOTE TO READER:
If the Minutes you have received are not completed as indicated above, this means they
are not the official Minutes of the City Commission. They will become the official
Minutes only after review and approval which may involve some amendments, additions
or deletions as set forth above.
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