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09-28-53 Z77 lleqular meetin.~ of t~e City Council of Ute City of Delray ge,qcl~ was held in t}~e {]o~mpil b,,pqt~ors at 7:o0 ~.l'*. with ,'myor ',~. .~. ~inlla.nd i, the Chair, a~q,} City Attorney :'~n51 S. /}aci.iillan, Cit. y Manager ~{obept Lovel;~ce a,d t,~,e follo;,*in-r Councilmen present: ~. A. Jacobs, John Y. !fcblep, J. L. ~;aunders, and mrs. Alma i,. ;.~oehle, a quor~ being present. U~on motion of f;r~. ,foehle, sec~ded by Councilman ~.abler, and una.nimously c~rried, ~inutes of the meetir~ held September 14th were approve0 as wr'Jtten. A letter addressed to the City Council fro~:3 the i.egro Civic League witl~ reference to the ~llpchase o~ ocean frc)nt~;ge for a col- ored l)a$.lqi~ boa. ch, was road as follows: "September 23, 1953 The City Cmmeil City of 1)elray Beach Delray B~ach, Florida Honors,hie i~emBers of tl~e City Council: At a recent spocial meeting of t~[e City Council, 1 September l~st, eoneernin~r the beach bathing f~cilities of rqe~roes ;,ere, it was suggested and recommended by the members present that out committee make an ~p,~roae!~ to t!~e Board of County Commis~,ioners c~:neer, ni~g this ~roblem, and that the Council ~uld in the form of a resolu- tion su¢~ort such a moro to the f'ullest. We have made suelt a move, s.s you well knf~w, and have ~ven you a copy of tl~e letter sent. We are very ha:~.,y to note that, as per .your nromS_se tl~e resolution was issued, for w~ich we reco;~nize as but a pprt of the eontin,~in~ ef.['nrt ou the Cotmeil's part to pro- secure this actio~ to a sueeessf,~l c~mclusJon. This wee'~r we received a letler from Hr. Lake Lyt~l, Chairman of the ~oard of County Commissioners, the imoort of which is of such mn:~er~t that we ask for co~siderntinzi of it ~,t t~e next nleetitt,~ of t~e City. Council, oept~mber. ~t is r~ther mt encoura~;iug let ter~ which m~kes us to +~e]ieve that ~it'"~ the joint ef:'orts o~ all concerned we will be able to work o~lt a s~tisfactory a%reement to trois we reco'mize ~s a sePio[lS ~roblem. Hespect~ully yours~ The Committee o~t Community Imt~rovem~t O.'~.Youn~hlood~ Chairman Leroy ':~ine Mrs. ?rm~ces Br~ht Le.-~ ~,~onroe I,. L. Youn.~blood Clintou J. Freeman Lens Br~mer Fr~mk ~earst C. >~pencer ]~ompey Secret~ ry" C. Spencer ?om,,ey, representing tl~e Civic Lea.~qe, adttressed the Council. ~e re~d a letter received by tl~e l, ea~%ue f~m ~e ~;oard of Couni, y ~'~o?,is+:ioners, offeri,u to study the pos~-,~.,~l~ty of ob- taini~ a br~thJ.;~,~ beach in the so~th end of .['alm Beac~ Co:tory for negro citizens, with t'~e cooper~tio~; of the Towns in tibia area. asked the Council to wl~rt exte~-~t t~i~ City co:~ld fin:~cially assist the County in th.e ~',r~ject. It was ex,}!a~ed, to ~,~r. ~ _'o?~ey th,~t~ it must l~e a Coanty project, as re~idents Crnm cqltside nf ti~is City wo,~ld also be~efit from such a Beach, an/l our taxpayers money conl~; riot be used solely, altl~ou~ maintem,: ce of a l~;:thin~ beac]~. ..fi. er f'~trtt~er ,;is:c.is:qion a motion was m:,de by ~:ouncilmm~ ;p]~ler t~tat,~ sul~ject to, tire apu~ovel of de- trails, tho :[':~nds acc:tmulrted by the City of Delr:~y l;e:'ct~ for mit~z f:~ei!ities for c~lored .eople. smom~ting ~ ;,13.1'[4. 00 at the present time be contrib,.tted to the project and t~at tl~e ¢oancil tentatively sled~ a minSmum of .~,,:7. 500. 00 a year for tltis Curpose The ..~tion was seconded by Council~:~an .::,,.c,,hs. mW upon ct~ll of ~mll carried ~animo~tsly. Hr. Pompey tb~n st,,ted that t~e ;qe~ro 6ivie Le~:gme !md exl,.cted more than fJnvncial as~,ist,-nce from the City Co,mci. l, and ~sked thpt a committee be a~qqointed ;.f off'icial rer~rese:~tatives from tl~e City :~n,: r'ls:~, ~,,,i?,q, ori,,~ ~i+~~o to worh with t~e ~:otmty Co,,miss- iona~,'' o,: t~e rojoct, ?s t'.,ev Felt t~Js wc;uld be ,~r'e effective Co,..lncilma~t kal)let ~t~oved ti,at t' e Ciiy Zana6er l)e instructed to arral!~e D e~,n~...i ence~ - v,ith, t~;e ~,o21'd of COtlllty, ~o;;mtlssi~,l{ers, at gn early date, for tl~e ~und-t:~ble iiscussim~ on t;,e nmttep, aud vite penra~e~,t,~- ~,tives fro,:; 'iota i~pton, ~loynton. Leach and ~ake ~.{orth .~.t.er with the -effpo Civic ].ear~.~e. *he motion was to a!tend, to~e ', secor, ded by Nr~;. L'oe~le, and ca.rried unanimously. No action-, was taken, on a'~lica, tion of ~[et.tben '",~'-, u,., a dis abled person For permit to build and o,~arv%e a. ~;rocery Store at i.i," 2nd St. at 10th ;vo., a,s a, e~a,']~e of "'5 zon]_n would be involved, wi;ich ca]'~ ~qot be c~,usidere,, unt5l aIt..r 5)ece~t~e:' 1st, ~s ~r. ovided by the City C]-.~:rter. ~ae f'ol!owin¢:= Or:IJ nan ce, exte~ in.::r~ t;ie li&~or, mae to include the east l~a.lf oF I~lock 11~, Cro~tin~:, on U,e, ~. Federal ~iig~way, be- tween 3rd and 4t~: qtreets, was brou?ht ttp For seco~;d auC 2inal read- Oii~GVANCE Nt~. G-175 ,~.., IT :'7 , ""~ CiTY C01D,JCiL CF i,;r~ CITY tP D,:,],,~tY }3EAOii, Section 1: That $ection 17, Chaptem VIII of %lie City Code of the City of Delrsy Beach, Flopida, as amended, be and the same is hereby amended as follows: "S~CTiON 17: No intoxicatin,~ liq~ors shall be sold in t~t pop- tion ~f t: e City of nelrav" I - ; ".. ~ ~. ~ 3~eac~., F].orida, lyins~ _, east of the ri~']t of-way of tl~e Sea]~orad Air line ~;.a~lway, vs t}~e same is now located in the City of Delray l~each, Florida, extent in that ;ortion of said territory described as Follows, to-wit: ~ ..... ~ ..sst boundary of the right-of-way B.sgI:,;~I}~g at a Doint on the ~ ' of the Sealmard ~ip Line Railway 173 feet Lorth of tl~e Center line of Atlantic Avenue f,~r a point of bedim ing; thence run:~iltff East parallel to and 173 Feet ~.orth of the Cente~ line of Atlantic Ave- hue to tl~e East Bo~mdary of Sw5nion Avenue; thence ~um]ing i~orth alon~ the East boun0nry of Swi. ntor, Avenue to a t~oint 283 Feet North of the centep line of Atla~tic Av,mue; tl~ence Punning ~iast paral- lel to and 283 feet from the center line of ftlantic Avenue to tl~e West ~%oundary of t~e right-of-way of tile Ulorida lntracoastal Canal; thence Framing South alone the West boundary of the piajht-of-way of the Flopida Intracoastal Canal to a ,mint 283 feet South of the confer line of Atlantic Avenue; thence rum~i]~ ',~.est parallel to and 2a3 feet from the center line of Atlantic Avenue to tl~e East bo~- dary of Sw':nton Avenue; thence r~nin~ i~orth along the East ~m- dary of Swinton Avenue to anoint ]73 Feet South of the center line of Atlantic Avenue; ~ence running West parallel to a~ 173 feet from the center line of.~'tlantic Avenue to the ~'~,,ast ~ boundary of the ri.ht-of-wa~ of t~e Seaboard Air Line i~ailway, as the sane is now located in tl~e Cityof 9elray )%each, Florida; thence running North along the East Boundary of said ri~t-or-way of the Air Line Railway to the '~oint of he,imping; And also, except tlwt qortion of the City of l)elray Beach, Florida, which is: Bonded on the North by a line 333 feet from and ~ar[,llel to tl~e center li~e of Atlantic Avenue; on the East by the West boun- dary of Ocean t,oulevarc; on the South by a line pam, llel to and 333 feet South of the center line of Atlantic Avenue, and on the West, as to ~,poparty lying 3. orth of Atl~,ntic Avenue, by a line 450 feet From and-~a~.,llel'-. to the ~est. boundary of Ocean Boulevard , and as t~: ppopertv lyinaf South of Atlantic ~venue, by a line 100 Feet From a.~d qar~llel to the West boundary of ocemt i-Ioulevard. 179 And also, excent thst ~'ortion ,',F t e City ~£ JJelr'ay Beach, Florida, described rs Follows, to ~;it: The Yort~ 39Y; Feet of the 5ort~ 1395 Feet of :section 21, Town- sl~Sp ~6 South, ;~onfre 43 [~ast, lyin~ East of the ~est right-of~way line of f;tste i~.~d ~140 (The Ocean Bo ~lew~rd): And also, e~cept that portion of the City of Delray [~each, Florida, d~scri~ed s~ Follo~¢s, to-wit: Bounded on t~e ~outh by the )~orth boundary of S.~,J. and on the ~-~ort}~ by tW~e qoutb '~toundsry of S.~. 3rd Street, ami the West bF a ].i~e par~,llel to and 135 feet from t~e ;~est of ~;.E. 6th Avenue (?edersl ',i~hway), and on the [~,st by tl~.e We~t bo~mdary of '~.E. 6th ~venue (~ederal ~i~q~way). (Being tl~e ~ast of Block 112, ~)elr~y Beach, Florida). And also, except that '~ortion of the City of Delray Beach, Florida described as follows, to-wit: 2ounded o~ the ~fest by t]~e ~ast botmdary of ~'..U. 5th ~venue (otherwise ~{n~.~.zn as ~ld Dixie ~i~wsy); on the North by a li~e 125 feet from and ,arsl]_el to the North bo,m0ary of N.~. ~Jth Street; on the ~ast by the West ~undsry of ~(.~. 7t]~ Avenue; and on the South h~- a line 100 Feet From and parallel to the South boundary of N.:~. Sth Street. ~]~(~.U~][NG, however, that the Foregoing sh~ll not apply to any actu~,l borm-Fi~e nationally organized ~d recc,~ized Civic, Bene- volent or Frsternsl 0rganizstion." qection 2. That Section 19, Chapter VIII of the City ~ooe of the City of Delray Beach, Florida,, Be s. nd. t]~e stone is hereby amen0- ed to read as Follows: "S~]C~"I(~N 19. No intoxicatir;ff liquors shall be sold in ~my p~ ce of business or establishment in the above described territory ~less the ms.in entrsnce to said place of business or establishment is located, on Atlantic Avenue or on the 0ceanBoulevard or on ~.~. 8th Street, or on 6th ~venue (Federsl ~lighway). In that ~ortion of the above territory lyin~ west of the i~tracoastal c~,nal, not more than one such place of business or establi~ment shall be lice~'~ed with- in any one Block. After such license hss been issued For conducting sudh place of business or estaBlis~nent in any one block on either Atlantic Avenue or N.E. 8th Street or 6th Avenue (Federal ~ighway), no license shall be issued For the ~ale of i~toxicating liquor in any place of business or establishment in the block immediately across on either Atlantic Avenae or on N.E. 8th Street, or on 6th Aven~e (Federal Ni?J~way) From the block wherein the sale of intoxi- cating liquor b. as already been licensed. No intoxicating liquor shall be sol~ in the above described territory at any place or Busi- ness, location or estab!ish~ant within 300 feet of an established SC]~O01 OU C~l~C~l.~ Section 3. 'that ~11 ordinances a~M ,torts o~ ordinances in con- ~tiee he~'Swi{h be and tl~e same are hereby repealed. ~ .... ~A) in ~egulsr ~' .,ession on seco~d an6 final r,~ad[ng on this the ~Sth day of Sent ember A.D., 1953. /s/ ~t. J. tiolland ~.tayor ATTE'qT: /S/ Ituth ~. Smith City Clerk (Seal) 1st l;eading: Septeiaber ld, 1953 grid I:(eading: ~eptember 28, 195~ ?assed and Adopted: September 28, 1952 Co~cilmnn dacobs objected to exte,~di}~g t~e area qqlt~p may })o sold ~.s ~qe reit t~,e present z,-,~e to be s;ufficiel~t for 5;;~'/)Y ~}!!~;i-~ 28, 1953 a City of t!~is size. Councilman Saunders ~lso objected, stet;~n':~ that in ;~is opin- ion it is not essential For a ;~otel or ;~esta~want to serve ~lco- h~lic beverages in order to operate s,.~ccessfully. A motion was then made by Nfs. R~oehle and seconded by Council- man Ka.t)ler that the Foregoing (~rdinance No. G-175 be passed and adopted a.~ r,~ad. Upm~ call of roll t~,e motio~i carried, the vote being as follows: Mayor t[olland - Yes Co~lnci lman Jacobs - No " Kabler - Yes " Saun(lePs - No Councilwoman Wo ehle - Yes At the request of bliss ~)orothea fialvin, the City Attorney was instr~cted to pPeprre ~)n ~v~endment to the Liq~mr t, rdinm~ce to nrov].de tl,at only one l_inu~r lJcense s]~all he gr; block (r~e~,ni~g Y~t!~ sides nf !ha Street) east of the Cabal as well as west ,~f tl~e Ca~a]; ~r~! ;~, reco,,~,ePded by Counc;i. lm~,~, tills {~r,:inance lo incorporate a ')?nvision whereSy entr~'t~ce to liquor I)aP ~ranted l:,n ~ ~[otel or ,,est:;~lraNt on a nm~-au,,ta, basis, must be through t!~e hotel or restaurant itself, and no outside si~ns s}mll be allowed. The followinq Or(tinance was tlien :~resented as an emersency ~easure, and sa;:e was read i)~ full: O~ ~;YEL~OX F;EAC~, FL(? 7~,i, PLACING LOTS 1 to 8 .... ~ INCLUSIVE IN ";IVE i" ~q;O~K 1; AND LOT~ 28 l~.. 38, BLOC]( 5, IN SZAGATN ~qXT:qNSION IN "APA/(YMENT HOUSE ._ :~CT"; AN~, LOTS 39 to 45, I.~.LUSlVi~ ]2( ~LOu~ 5, A?~ LOTf; 9 to 16, INCLUSIV~, I~: ~LOC_6. 1; ALI~ OF ~LOCKS 2, 3, and 4; LOTS 1 T& 27, I~C]i]:JV.; IN BLt. Ck 5, IR SEAG~'U:] .'.XT'~]b'~:;]ON IN "~i~.].3]~ ;]NCI~ ~A~ DIST]GCT", WIIi;];i:CA~ an emeryency exists in the City oF ;)elr~y i)each, Flor- ida, in that the t~ereinvFter descri!~ed prope~'ty has ~o6 heretofore been zone~, ~',nd Ifl]E~{'~2S, it is 5e~med necessary for the preservation oF the mihlic health, safe~y, proDerty snd welF~,re, 1.hat sai~ nroperty ~4i['~;;[i]~S, as '~ar't of t~e cc~'~siderstion o~ the ?art of the own- ers For consant~n,g to that cert~-,in property known as Seagate zxten- sion heCOi{lJll~ g ~art of the City of i)elrsy ]leach, Florida, was that the set-b~,ck ren~lirements for said subdivision should }~e as shown on the sai(; :~.lat ,~f 5eag.'ate ;]xi'e~sion to the contrary of tim zon- in~ nr~insuces of tire City ~r belr~y ~each, Florida, notwithstand- i~g, an,~ the City of T:elray ~;each, Florida, h~:ving cm:sante,i te sai(l set-backs as ~mY't of :be consi('~er~tio~ of almexation. Section 1: Tiler the ?ollowins described propePty ii1 the City of ~e]_ray ]leach, Florida, is l~ereby ulaced in "APA;i'[}i~.]]TF ~;(~USF, i.lf;- T{~IOT" as define5 in Chapter XX of the City Code of the City Delray ~{ea. ch, F]orida~ to wit: Lots 1 to 8, inclisive in ~{lock 1; and Lots 28 to 28, in-. clusive, in ;;]ock 5, all in S;-{AGAT;] ;~]~'.TENSXON, according tn plat thereof recorded in the Office of the Clerk of the Circuit C-urt in an(l For Palm Beach Cowry, in Plat };ook 24, page 67. Section 2: That the followin.~ dascribed ~)roperty in the City of 9elrav Beach, Florida, is h. eveby 91aced. in "SP'.,]lJlAL as defin]}d in Chanter XX of the .~ty Code of the City of 9elr~..y l;each, Florida, to t~it: Lots 39 to 45, in~-lunJvq, in ~q. ock 5. all in :,,:_,,,,:.-,~_,,, accot~din~ to plat t]~peof rocorded in t~e Office of the Clerk oC the Circ~it 6ourt in ;~.nd for :~,lm Beach County, Florida, iu J'l;t ~ook 24, p::,ge 57. Section 3: That the follo~cinf' described ,roperty i~ t}m (~ity T~CCT" A~; J~'.;]F]NW~ in t:ha.ter XX of t~e City Code of the ~ity of ~elray ~each, Florida., to wit: l]ots 9 t,o 16, in. elusive, 2lock 1; all of Blocks 2, ~, and 4; Lots 1 to 27, imcl. usive, ]~loclc 5, all in S''~'''''~ qIO5:, accordin,g to plat tl~e~eof recorded in t]~e office of the Clerk of the (:ircuit Court in and f'or 2;~lm ~each County, Florid:~, in l'lat ;~ook 24, p;,~e 67. Section 4: That the set-bs, ck' reqa~rements of S~-tG~:~ acc~,r~;i..nU to plat thereof r,~corded in the Of~'ice of the (lerk of the Cir'c tit Co:~r-t in and For i'alm Beach County, Florid;~, in Plat ~,ook 24, na~e.,~ ~ 67, shall be tl{e set-back lines as set forth .~n said plat of ~ea.~a, te ]xtension, and that said set-back requirements is hereby ~lranted as a deviation under the zonin2f oi'dinances of tl~e City of l)elray Rea. ch, Florida. Section 5: This is an eruer~ency m"dim~nce an(; si{all t~ke eFF(~ct ugon its passaffe ,.n CJ rst amd finial read:in.ff. ~,:~qo~:p in rem~la~ session on First and Final red, ding on t~,is the 28th ~lay of ,:,.~gtamber, 1953. /s/ >lay o r City Upon motion of Councilman ]' ' xa oleP. seconded ~bv Uounc il~naJ~ Saun- ders, and unanimously carried, tl~e for e (,'n in g. :: .. .~ Ordina.nce Lo. G-176 was adonted a.s pe~:t]. An 0pdinance to estpblish r,resent set-backs on the Federal ~ii~::way~:~. as 45' from the center af the street, was 9reseDted as aD eme?~ency measur'e~ add read in Dtll as follows: 0:~:l)2.x. NC~.~ N0. G-177 ......... -,:,. an emergency exists in ti~.e City of l)elm!y ~teach, Flor- ida, in tha~, within the b~siness district along the l~'ederal ttighway (!~s, st qixth 'venue), a,]~;itional psrcels of p~m~erty are bei~g dedi- cated For the x,,idenin~ of the ~i?t-of-wr~y Fro,n its present xddt, h Fifty (50) Feat to a Cr'oposed e:~z~,ty (S0) Foot width; and WU:T~/;AS. buildin~ set-hack lines, now defined iB terms ,,F twenty Feet From the '~poperty liue, are causin~u some co~cern lest t,,,enty ([~0) foot set-B~cks !~e required From t!te new p~perty lines to be fixed by tJ,e ~id,.min% ,~f t',e fiffht-of-~,'ay; and ;'1;{ ] '?)S the established b~}ildi,~, line is Forty-five [d:5) feet from the cente~' line of said Feder~,l i~i~way; and e~e~ ration of the Wt~ ,~:,, it is deer, ed necessary For the pr s , ' lic health. ?r'ope~-ty, s~fety ~nd welfare, that a m~tiform set-back line be re~leFined :,lon~ tho said ~eder~,l. :~ig'~way in order to e.o~temolated, to tl~e widt]~ of ei/~]~ty (SO) feet will n~t affect the pr.viouslv est~hlishe~ bu:~ldin¢ line' ;~E, ~,,~ ]. ~b,l~'~'~ by the City Co~ncil of the City of ])el. ray Beach, F!orid;~, as follows: S~CT~N 1. ~h;~t ~a,r~grsph (b) of ~ection 5 of Chapter ~, as amenf~e~, of the City Code ~.f the City of Delray ]leach, Florida, be ~nd t~.e sa~e is 'ereby ar, e~'~ded by adding the "Within the b,~siness ~]~st~'ict along t~e Federal ~'igh- way (East ~;ixt~ ~venue). a].l co.~mar'cial buildi~gs shall be set back forty-five (45) feet From the center line of t~e said ?edersl SI~]CTI~N 2. All Ordinances and t~arts of Ordinances in con- flict herewith are hereby repealed. ~',~CTION 3. This is an emergency Ordinance and stroll take effect upon its passage on first and final read ing. PAoSI,D in Regular Session on first and final read~g on this the 22th ~ay of September, A.D., 1953. /s/ Mayor ATTI~S T: /S/ Ruth il. Smith City Clerk Passed and adopted on first and final res~i~g - September 28th, 1953. Upon motion of Councilma~ Sa~.mders, seconded by Councilman Kabler, and unanimously carried, the foregoing Ordinance No. G-177 was adopted as read. Recommendations of the Zoning and l'la~ing Board with ~ference to certain requests fo~' deviations f~m zoning re~latio~s which had been referred to the Board for consideration, were read by the City ~'fan~ger as follows: "Septe~:~ber 28, 1953 ~'[embers of t~,e City Cot~ncil Delr~y Beach, Florid qemtlemen ,~' ~[rs. ~foehle T]~.e Zonit-~ff and Plar~t~i~ board met on September 17th to consider requests for deviations f~m zonin~ re~lations ~&ich were referred to us by the City Council, and we make the following reco,nmenda- tions: That the request ,~f )ir. C]mrles ~'at~ick to build six ad~]itional rooms, in co~junction with the "LaFr~nce ~lotel" located at 140 . ~'.~4. 4th Avenue, l~e granted, as the ~roperty adjoins a ~sJ.ness t)istrict on t]~e west, and a ~iotel or ~loo~ing.llouse is needed in the colored section. That the ~equest of the ()range ~..tste Oil Co. to extend the roof line of tl~e west win,~ of their .;ervice St~,tion, located on t~e nort]~.east corner of the Federal ~iighway and. N.E. 8th St., w~ch is only 9' in heig~t, a,n~] construct a ~,alaneing east win~, be grant- We also reeom~',,e~ t]~t t~e request filed by i'ir. ,~. ~). ~[ichols to build a smr:.ll acces~o~y bui].~lin~ on the rear of his property on the southwest cor'ner of the Federal "i~way and S.~:]. 1st St., with- out co,~plyin~ ~il.l-~ t~e 12' ceilin~ t'.eig~t requirement, be granted. %re recom,'~end that t]~e re&:.test ,,f 'b'rank C. :~mit]~, ~r. for permit to ]~tild a restn~ur,~nt with a ~oac~l desisn ~ro~t whic~ would be . ~r,,~ ~d as all otis. er' res~].atious v:ill less t]m.n 12' in heiCht, ],e .~_,nte , . be complied with, and t~]e desi?n of t}~e building would be spoiled if a 12' h ' . . e]_zht is req ,-ired. t~e ,a~Jr~ b~ilding will be in compli- ance wit}~ all It was a~reed t~mt t]~e Dlsn~in~ ]~oard be asked to ~ke a st~]dy of the nresent !2' ceilin~ ]leis]~t reQ~l~rement i]~ ~:~usiness L, istricts, as it se,~ms to be impr?ct~cpl in ~any ins-{~nces. 2Y /S/ Kenneth Jacobson Chairman" The Council considered e~c!, item separ~tely. ,~ith reference to the request of ?!r. Charles 2atrick, Councilman Aah!er moved that the ,:~on]~ ~nard'~ recommendatin~ T)~ approved, and permit grant- ed ~s ~e~uested. The motion was seco,.ded by Cotincilman .%a,lnders, and upon c~,l] of ~oll ca~r'ied, Hayor }lolland, ~nd Coul~cilmen Jacobs, KableP a]td ia:alders votin~ favnrab].y, and HFs. h. oehle oppos~ tl~e lqotio~. Counc~lmar. K~bler then moved that the reco ~endation to req~cst of tire Oranffe Stnte ()il Un. be apn~ved. *he moti,,n was seconded by Cm.tncilwoman ~,~'n~].~],e, ~nd ~t9on call of roll carrie(L, all cj. lmen votinff Fpvoral)ly, excent :qr Saunders who ¥,~ith reference tn the req~est of h~. b. Nichols, CouncJ_lman K~bler ,~ove(l t,~,~.~ the recommendatio~ l~e f~r)~)~verl and permit granted. The motion was sec,'~nded by Hrs. ?;oeh].e, and cs~qied urmni,nnusly. Upon mo~ion of )Irs. ~'oehle, seco]~ded by Co~cilmnn Kable~', and ~ani~ously carried, reco,mtendation that pe~it be granteq to ~ mank C. Smith to b~J. lda "Coach" design fror~t For ]~is proposed restau- rant less than 12' in height, wss a~p~mved. Upon motion of Co~cilman LaT~ler, seconded by Councilman 5aun- tiers, and unanimously carried, 'he mecom,,endatiou of t]~e Zoning Pla~niu~ ~;oavd that tire reqqJrement For ceilit~ff height of 12' in al] h~sines~¢ distpicts be r,:~ge~,red to the 21arming ~,mar(l, to be aDnoirtted, was approved. An Emergency Ordinance creating a :~lannin.g bosrd and/or Zon- ing Co~mJ. ssJ. on For the City of Delray Beach, w~ts ,n'ese~ted by the City b[ann~er, ~n6 re~,d it~ full a~ Follows: ~.~ .... ~,.~. the 1953 Session of t!~e ~,lorzda Legislature a:qended t}]e Chartsr of U~e City of J)e]_rsv }~each, Floriq,, by empow~u-ing the City Co~mcil *~ establish a 'l~nni~ Postal and/or Zoning uommiss- ion, and ....... ~ ~ J.s witl~out ~n oFFicial ~lan- ni~ ~oard and/or Lon~Z Co:remission] iu conformity ~,~-th accepted star~dards, and - x.,ta,.dj_at., ne.~d :For a ordorly q:rowth ~nd developme~'~t of t e ~;ity, a~d f'or t]~e p~'eserva- tion of the nub!Jo health, safety, p~perty ~r~ we!f~re, the City Cn:tncil of the City ,,f u..~lr;~y _ieac]l, Floridt~, hereby declares an e,,v:qm,~ency to exist justiFyin~ t]te imtediate crea- S']C"]£~'~ 1. Creation. A Pla~,in? '.oard for l,~.e City of Delray Beach iS ~ereby crested upder t~e a~t~,arity of the c~arter vnd t~te statutes of tho ';t;~te of Florida. ~, .,~_,t~N 2. uonposJtJ, on. The i'lannin.~" Five ,na,ubers, x,,no sl~a].l 1,e resfident~ of the C~ty of 9elray oet~ch, Florida. o ~(, ~embers slml], be persons of recom'~iz~t~ experience ~nd ~u::lifjcati(ms, and shall l~ol,.i tm et]mr ulblic office ,,r posi- tion ,ruder the City. ,rovernment,. except ps a me,~ber T;o~rd of ,t~;,]ust:,,e~t or "ppeals. SECTION 3. Appointment m~d temm oF members. The ,:e~bers oF the ?la.n,'i~,z ~lopr,] sba, Il be apnointed by the City Council, and such ~pooilltees~ ~lless soo~ev pemoved~ shall hold office pe~_od o6 ,mo, two, three, four and Five years, respectively, From date o~ ~ppointme~t. iherea, fter annually one tn~ber shall be appointed for a term of Five (5) years. S~CTION 4. [~.emoval of members; filling vacm~cies, iuembers of the Plarminff hoard may, after a public ]~ea~_ng, be removed by the Council for inefficiency~ neglect of d~ty ,,r malfeasmice in off,ce. Vacal~cJ. es occ4rrin?~ ol)terwJse tha~ t]:~rou~b the expira- tim~ of term shall be fi].le,~ For t~,e '.mex~.,ired term by the City o-~,~c~m~"~0}~ 5. .ompensat~on. Ali 'ne:nbers of tl-,e 21arming..~;oard shall sapve without compensation. SEC':'][0N 6. 0rg,mization} meetiu~s~ record. Within 30 (.lays after t'he appointment in ~ny year of members or a member, as jtrovided in Section 3, or whenever deat~, resi,Tnation or pen,oval of m~y off'i- cep shall mrqra it r~ecassapy, the 21~n~ir:'2[ i~oard shall el,,ct its c]~a. Jrmml Frou~ a,t,,n,~ its '.:e,be~s, and shall create .r.d fill such otn.r ,~f its offices ;,s J.t may detar,n]~e The term of t]~e c}:air- man shnll he one year, with elizibilitv Fop re-el¢~ctio~. .... ~ Oa a ~o~t~ .' ', ' · eckerd of its s~ll be open ~o t~e 'm]~ic, ~nd shall keep a putl~c r r e, c, 1 tlr i on ~, _ .F~nd~s, an4 determinatJ,ms, It may a¢~opt the nee- assary rn].es and re~a!a*i_nns for t,~a transaction of b.~siness. S-]C"'][i}I,: 7. Expepditurest incurrin~ indebtedness; donations; employment; special services rh~ expenditures of ti e Planning '2oard, exclusive of :~:ifts or ear, tings, shall be wit~in the amounts sp,~ropriated for t~e 'ur~ose by t,~e City Council, sn~: ne indebted- ness for whSch the City of Pelrsy ]~eacb shall be liable will be contracte/:, or i~curred by the said Bo::rd unless a~ appropriation is wade ],y the City Co:mcil for such purpose, as aut,)rized by law, and t~,en only to l,]~e ex-Je~t of s~c~ appropria[ion. 2osrd s~mll ~mve t~,e ri~ht to accept ~ifts an~ d,mations for the exercise of its work~ a]td may expend the money received from such dona,' ' n ~._ns and Fts as nn its juilgment may appear best, in the exercise of its ~)roper fmteti ns. Within its t)~.t~jet appropriations, and anv~ earnin~s~ ,qn{,' .,.Jrt. s in hand, it may. provir:e, fop such em-:loyees as it may deem neeessapy for its work, and may contract with ~ity planners and other consultants as it may require. It may request additi-nal services for special ~urvey work of tl~e City Nanager, who shall at, }~is direction assi~ too, hers of the staff of my trative dewar'tment to the board, or direct such department to make special st,tdies reouested by the board. S~,C2]ON 8. Zoning Commxssion. The Planning Board for the city shall also be and constitute the ,,,onl~m Commission For the City. The Zonin~ ' , ' :._. .,n,~ is !~erebv invested with the Co.nmlssion shall :'~,ve, - ' rights a,~d aut;,ority set forth and provided for in Chapter 176~ PL_~,I,A ST~,'i'UTES It shall also have power and atttl,opity to study alld make reports and recomm..naatxons cohcern~ig tl[e matter and tbJ.n~rs as may be referred to it from time to time by theCJty Council bearing on the :~eneral orderly growth of the City. ,ith. respect to zo:ting, the Planning Board a. nd Zoning Co~amission sh. all, among its oth.te- duties s~ecificall~. ~ study the resources and needs of the city ami ~repare ~la. ns a.n{, maps for t;te systematic f+~tur'e develop- ment and betterment of the city. It shall pm vide in said plans for sul~dividing the city into distpJct~, and zones, and ~repare ~lans off the same s~ee~Cvi~ ~'!~ePe~l~ the ' ' ' and ;:runner oE eon- 185 str~ctJ_on and use ~,f st~-,~et,~'e,,,; and t, lildi~gs thereafter to be ereete(J, in such apeas and z,,nes. It shall establish rules govern- 5_n,~ buildin:~ l~.nes am~ submit ~:e s~,~,~e to tl'~e ~overnin~ body of t.he cii. y for ~,~roval sr~ aJoptio~, a~d s~bmit reports and recom- men~a~s re~ula~:,iu~ t~e ~'e~ce~ta~e ~,f a lot theft may be occu- '~ie~, i,'ne size of yards, c~-,urts a~]~] open s~;.ces, the location and use of buil~ings and stm~ctures, an~ !and for trade, industry, re- sidence of other ~urposes, am~ it s~ll ~ake st,~dies and su~weys of t~e f~itv with rns~ect to ~roper performance of its etcher d:~ties a.s a .~lam~inz ~:~oa, rd. h~l~e~ever th n ~3(~r~i~ "City :la~ni~].K ~oard", or "Plsnni],~f ~%o~rd' appear in t]~s or~inance the sr~e s}~all be deemed to moan and inc]uHe t]~e City i. oni~ Commission, and m~bers of sai~ :~l~nnin~ [~oard are to ~e treated ss a~d are hereby designat~d as the l)it~ Zoni~ (~o~miss~o~. S~CTION 9. Basic information and materials. The 2orr~] s}~;~ll acquire ~n~ maintair~ in curre]~t fr~rm, basic inform~tion concerni~]~ tl~e ares. to be served and its various parts. ~;uch in- fnrms~Jor~ and mat,~ria. 1 sl~ll ir}clu~]e t~e following: (a) ~aps: aeri~l 9hotographs an~: like r~aterial sh~,~ing ~m. tur- al and man made ~hysical feat;~es of t~e area, incl,]ding street pattern, lot lines, structures a~d t~,eir locatio~ on lots, topo- .~raphy dr~.affe, soil types and such other matters ~s a]~'e impor- tant. or likely to be i~ortant in determini:.g tl,e amour, direction an~ kin~l of ~Teve]onment, to I've .~xpected in tl~e a~'ea a~t its w~riot~s p~, rt s. (b) PoDulation: ?sst trends and '~resent situation %~J. th r'espect to number, ch~racteristics, economic levels, density a~'~d such oth- er matters as are important or likely to be ir~port~nt in determin- inff the amount, directio~, and l:ind of ~]evelopment to be expected in t~e area ~,n~ its various uarts. (c) Economic b~,se: Past trends an~t ,~resent situation with re- spect t~ commerce, ind;~try, tourism n~] sunb other matters as ~re import~nt in determining t?.e amount, direction and. kind of develop- merit to be expected in the ares, snd its various ~arts. (c) L~,nd Use: Past trends and present situation with respect tn use of land for residence, commerce, industry, tourism, public buildings, recreation and other ~urposes, necessary details as to height, ares., bulk and location of struct,~res, and such otl~r in- formation ss is important or likely to be important in dete~ining th~ amour, direction and kind of development to be expected in the area and its various Darts. SECTION 10. Ms. ster Plan. ~uty to prepare; contentst ~Vhen the %asi6' information has been .brought togetl~r, it ~hall be the f~mction and duty of the Planning ]~oard to make and suggest for adoption by the council a blaster ]~lan for the physical develop- ment of the City, incl~d~g any areas outside the boundaries of t~e City, w~ich, in the judgment of the Plannin.~ ooar,l, bear rela- tion to t]~e plannin,g of the m~[nicipa].ity. Such Dl;m, with the ac- companyin~g maps, plats, charts and descriptive matter, shall show a.s t~e PlaDning 2card's recommendatT~ons for the developme~t of said territory and r~y include, amon~ other t;~ings: (a) The .~eneral character, location anq extent of streets, bri~l.ges, Dsrks, waterways and other ?u~lic ways, ~lmunds and spaces; (b) The ~eneral location of ~blic ]~uildi~]gs sn,~ other public property; (c) The ~e~era. 1 ]_ocaiJ. o~ s.~]~] extei~t of ~u~]~lic utilities, ~he- t]~er pu],lic or ~riw,~ely (~]) The ramovsl or sqg~esi, ed r~moval, relocation, extension], llar:~owill~ vacation, [~])~]-~lo~lellt o~' ~an.~e of use of such existing or future ways, grounds, sp~ces, buil~]ings, property, utili- ties o,~ te :minals, as well ss zoning plan for t},e co~trol heJ ~t, area, b~lk, location an~ ~se of buil~li]~gs and T~remises. S~C?flOF 11. ~iaster ?lan. Purpose. In t]~e prepar~tio~ of the Dlan nrovi~]ed f~,r in Seciio~ 9, t}~e 3'lanni:.g l~oard sh~ll make cax'e- f~ll an(] com[~rehensive s,].rveys at~d stu[li~s ~,f prescott c(~diti(~,~s future a;rowth of t]~e v~:mici~ li-~,y, ~'it]~ ~],~e r~g~r~] t~, its relation with nei~b.:)ering territory. The plan shall be made with the general nurpose -F ~guidi~:g a, nd accomplis~i,g a co-ordinated adjured and h;,rmonious deve].optnent of t~e city, and its environs, M,ich will ir~. a. ccor(~mce with nr'esent an,I Future needs, best m'o~ote in view of the 2onrd, health, ~afety, morals, or. der, corlvenience, recrea- tional facilities, presperity and ~seneral welfare, as well as ef- ficqency and ec~omy in the ,~;-oces,; of developme~t, including, ;~ong other thi~}s, adenuate 9~ovision fop traffic, tile promotion of safe- ty From fire ~nd ot~er dangers, adequate '~l-ovision for light and ai~~, the promntion of the healthful and c,.~venient nat~al cult~al and aesthetic values adapted to or s~itsble For park and play.%round sites, etc., in and aro~d the city, the ~rom-tion of ~ood civic desi~ and arrangement, wise and efficim~t ex~'~enditulm of ]~ublic f~mds an,~ the adequate pr.ovision of ~blic utilities a~d other pub- ]ic re~ cements. ~-~ SNC'flON 12. Public lIearing; Pr'omotion (.F public interest in plans. Before ~h.e submission of m~y plan, o~:~ ~art thereof, or any amend~',nt, extension or addition to the City Commil For its ap- proval or rejection, the ["lanning ~]oard s}'mll hold at least one public hear~ t~ereon. The Planning ~aoard shall have tl~e power to nromote ~,ublic interest in s~d understa~]ing of its plans, to that end (s,~bject t~ its limitations on ex~en~:itures as ;~rovided by the ,rece~dir~ secti~ms) may ~ublish and distribute ~pies of the plan o~~ any report, and ~,ay em~loy such other legitimate of ,mblicity and education as it tony dete~-mine. SECTION 13. ;[epoPts to Council. The Plapving ~oa. rd shall From time 'to"'ti~e, and at ]_east annuaIly, submit re~orts in writ]g to the City Council f~ivh~g info rnation regarding the coadition of the City and of the cost thereof, and such reports shall contain such recommendations as t]~e ;lsm~ing Board fe~]s should have prompt at- t e~',t i on. SECFION 14. All ordinm~ces e,r '?s'~ts of ordinances in conflict herewith are hereby repealed. S~CT~ON 15. This is an emergency o~,dinance and shall take Fect upon its 9assa~e on First and Final reading. SEC ~ON 16. In the event a~y section, pa~"agraph, sentence, clause or portion of tl'H s ordinance shall For any reason be held unconstitutional, invalid or ineffective, the same shall ~t repeal, nulify, or in any manner affect any other section, [~,ragraph, sen- tence, clause or no~'tion of t[~s o~din~nce. P~ssed in refful, vr session on First and Final reading on this 28th day of September, ].953. /s/ ~qayo r ATTUS'~: /S/ kuth ~. City Cl~rk (Seal) After consideratim'~, a m~tion w~s ~.de by Councilman Saunders and seco,'~ded by lqrs. ~4oehle, that the foreg~,ing ()r~in;mce Ro. G-178 Be a~opted as rea. d, as an emergency measure. Upon call of roll the m,,t] on carried ~manimously. A letter from the City 21arming Association was then read by "Septemt>er' 14, 1903 ~,[r. ~obe?t Lo, elate City b[nn~ ~fe a,~'~e (Ii, sol.nE the City ~:::l~,m~i~'~% asnociation~ or~;~zed as such~ in ant~aipa, tion oE l~e (~dinanc~ creati~;~ a ~.~em~lai~ent .~lann- 187 J-n!}i ;,card Fm~ the City ~:? ~e!rry :~e:~e~. C:tr Peco~,~m(~ dat]ot: is ,Lo~rt z. ~,lake '.~eoP,je i)issett or Col. A.L. off t!~e nP~serit ..on~ l:;o~l as t~e r, nt.J. cipat.~ ~b)r~Pd ,,f Very tm ly /B/ Kenngth .J,~cobson, CI~: :Lrman" a.t~, ,,, ,'.~nbe~s sm?ye FoP terms of erie, two, thre.~, i"onP and Five years i~ a. lptm, l~,~tic~':l order; arl(i ~on motion of i':rs. :,collie, se- iki. [~:"(tinanee to create a .4n~zin~ ;iospd of "' ,mjustment was tl,en read hy t ~.~ City ?~p)~ager, ~ s follows: ?I':-,, q'ti:C ......: i~',~r'.~_ ..... "C~i ,'r;' T~I~',, CITY (AI~U!L t~::~ City Attorney Ma c:,iil l an expla~ed tbmt this t~rdinance was dra,wn u~ in 8ecordance with State Statutes, and r)ro~des that requests Cot deviations From existing Ordinances sh, ll be made to this Oo~rd of Adjustment~ rather thpzi to the City Co~cil who must then r of er them to the Zoning ]50apd ~Or consideration, alld recommendation back to the Council. ~he decision of this Board is Cinal~ and if appli- cant is dissatisfied -' ~ . wxtn the decision~ he can appeal to ~te Court This would standardize our Croced~e~ and simplify ~e method handling requests for variances. This was the proced~ recommended by the former City :'lanning Association, Hr. 5[acHillan stated, a~ter careful study. Co~cilman Jacobs felt that authority would be taken away from elected oCCicials and ~ven to ap'~oJnted oCi~icials, and Councilm~ Saunders also favored the Co,oil a. ctin~ as a Board of Adjustment. Co~cilman Kabler exCressed the opinion ~at a group of experts who have studied t'~e r~roblem of variances could do a better job than the City Uouncil; that ~s this method of handlJng requests for devia- tions From zoninz regulations has been apomved by the Legislators of the State of Florida~ he ~elt it would relieve the Codicil of this ~mrden. AFter Further discussion )irs. Woehle moved that ~e foreseeing Omlinanee be adopted as read. The motion was seconded by Council- man Kabler~ but nn roll call it ~ailed to car~ ~iayor itolland ~d Co~cilman Jacobs voting against the motion, and ~[rs. I~oehle~ rtr. Kabler and Mr. Sanders voting in ~avor of adoption of ~e ordi- ~nce. Mayor Holland did not ~sapprove of the Ord. in~ce~ but be- lieved that the Council should make the ~inal decision, on the re- commendation of the Board of Ad j~tment. Mayor ltolland advised of the expiration of the term of Swetman on the Palm Beach Co~mty l~esources l)evelopment Board, and reconm~ended the ap,,ointment o~ Nr. llmrry P. ;lcKean to represent the SEPTENBFJt 28, 1953 City for a three year term, and upon motion of Councilman ~,a.blel% seoonded by Mrs. Woehle· and unanimously carried· the ap~ointment was approved. ** Item No. 1 Ite~n No. 2 Total Howard Lee Cromer ~ 475.00 ~ 2~502.00 ~ ~,977.00 (Work to start with l0 days and completed with- in 30 days) Trieste Const. Co. · Inc. 4.75.00 2,710.50 3,185.50 (Work to start within 10 days and completed with- in 30 days) ** A tabulation of bids received at noon on September 24th for im- provements to the Water Distribution System at NE 4th Street· which were opened by the City Clerk and witnessed by Nfs. Narie ~illiams· and Mr. Howard L. Cromer· was filed by the City Manager, ~s follows: It was reco:~:.~mnded by Mr. Lovelace that contract be awarded to Howard Lee Cromer, the low bidder, in the total amount of and upon motion of Cmmcilman Jacobs· secor.~ded by Councilman Saunders, and unanimously ca~ried, this recommendation was approved. A tabulation of bids received at noon on September 26th for Automobile Liability Fleet insurance, whic~ bids were opened by the City Manager on September 28th, in the presence of the City Olerk and Nfs. Marie Williw:~s, was filed as ~ollows: Gracey Brothers - $1,649.32 Plastridge ~ gency - 1~664.02 Amlin Ins. Agency - 1,761.10 Mr. Lovelace recommended that contr;~ct be awarded to Gracey Brothers, the low bidders, in the amo~t of $1,649.32, and upon motion of Councilman Jacobs, seconded by Co~cilman Saunders~ and unanimous- ly carried~ contract was awarded as recommended. An application, filed by ~{uby Macon, for license to sell beer in connection with a restaurant wl~ich she operates at 503 W. Atlan- tic Ave. wss presented by the City Hanager, who explained tint there has been a beer license in t;~is block on ,~. Atlantic Ave. at the cor- ner of 6th Ave., which has been inactive for the past two years, which it is believed will not be renewed. The applicant's record was sat- isCactory, and upon motion of Councilman Kabler, seconded by Mrs. Woehle, and ~snimously carried, license was approved~ subject to the removal of the existing license in this block. Apnlication Cot nermJt to construct a four store building on the S. 4' of Lot 17 and All of Lot 18, Block 107, located on the N. Federal Highway, between 1st anq 2nd Streets· Frank Dellice, applicant, was approved, as all requirements ,,~ the Zoning Ordinance and Build- ing Code would be complied with as shown on plans submitted. The following Ordinance, granting a t~irty-ye~r franchise to the Southern Bell Tele]~hone a Telegraph Co. was brought up for first reading by the City Manager~ and same was read. in full: AN OH:~ INA~,C ~ OF TIlE CITY COUNCI~ OF THE CITY 0F ~)u~.u,',v 'nEiCH FL0;'IDA, AUT~iOaIZING TH;Z SOUTH~]I~ BELL TELEPHO~,~E AN9 COI,~A~ TO USTC] Ti{~ f'UBI,IC ..... CITY OF 1)FJo~IY BEACH, FLOtilDA, i~lt T.;,tE PUlt- POSB] OF EllECTING, CONSTifUCTING~ }~IIN'rAINI}~G AND 0P~IhVI?ING LIN~S ('~ '~'~ ~'" '~ I ~,L~-HONI= AND Ti~LEGI~PII THEREON AND T.I,Jt~,UN .... It was explained by Hr. Lovelace that the Telephone ~o. had agreed to make the following concessions to the City in connection with the granting of this franchise: Supply three trunk lines into the Oity Hall with- out cost to the City. 189 1953 Allow 1/3 on local service on an ustlimited number of telephones used by tile City. This ~vill amotmt to a saving of approximately ~1,000.00 a year. Upon motio~ of Councilman Jacobs, seconded by Co'~ncilman r~abler, and unanimously carried, the £ore.?oi~'~ Ordinance was placed on first rea~ing. Councilman Sa~mders was a~,~ointed 1-.~y ~iayor Holland to serve as a me~ber of t~e Finance Committee to replace Former ~qayor kern, and the a.npointment ~,as ap~roved by the Council. Roosevelt Gordon, o~erator of a restaurant at 108 ".'~. 5th Ave., and transferring said license to his restaurant, ~here a beer license can not be granted on account of an existing license in this block. He Felt that as the m~ber of licenses in these t~o blocks ~ould be increased the transfer might ]~e ap.roved. Although the Council favored granting the ~equest, the City Attorney advised that it would be in violation of existing ordinan- ces, and no action ~as ts.ken. The meeting then ad je, urned. City Clerk APPROV~: Nayor