01-28-80 Regular
CITY OF DELRAY BEACH
Delray Beach Florida
REGULAR COUNCIL MEETING
January 2S, 19S0
AGE N D A
1. Opening Prayer.
2. Pledge of Allegiance to the flag of the United States of America.
3. Approval of minutes of regular meeting of January 14, 19S0 and
special meetings of December 4, 1979, December 13, 1979 and
January 7, 1979.
4. Presentation of items by Council Members.
5. Recognition of public requests from the floor.
6. Items submitted through the City Manager:
a. Items not on the agenda.
b. Consider authorizing processing of land trade - City/WDBF
Radio Station.
c. Consider Traffic Control Improvements - Vicinity of Bridge
Restaurant/Patio Delray Restaurant.
d. Consider amendment to the Delray Beach Downtown Development
Authori ty Act.
e. Consider local bill amending the civil Service Act.
7. Petitions and Communications:
a. Acknowledge minutes of Beautification Committee meetings of
December 5,.1979 and January 2, 19S0.
b. Consider approval of the Delray Affair.
c. Request for permission to erect tents within the City for the
purpose of holding an automobile show at the Delray Affair
from April 11th through April 13, 19S0.
S. Resolutions and Ordinances:
a. Consider adoption of Resolution No. S-SO accepting as opera-
tional the sanitary sewers and water utilities in Pine Lake
(The Hamlet).
b. Consider adoption of Resolution No.9-SO accepting as opera-
tional, streets and storm drains installed in Pine Lake
(The Hamlet) .
c. Consider adoption of Resolution No. 10-SO accepting as opera-
tional the sanitary sewers and water utilities in Rainberry
Lakes, Phase Two.
d. Consider adoption of Resolution No. II-SO accepting as opera-
tional, streets and storm drains installed in Rainberry Lakes,
Phase Two.
e. Consider adoption of Resolution No. l2-S0 providing evidence
to the Florida Department of Natural Resources of the estab-
lishment of a special project account for the City's sand
search, vegetation, beach and reef monitoring project.
8. f. Consider adoption of Resolution No. 13-80 expressing the
City's opposition to the withdrawal of the City of Boca
Raton from the Southeastern Palm Beach County Hospital
District.
g. Second and FINAL Reading of Ordinance No. 86-79 amending
Chapter 8 "Boats, Docks and Waterways" of the Code of
Ordinances to provide for the regulation of construction
of docks, dolphins, finger piers and boat lifts.
h. Second and FINAL Reading of Ordinance No. 1-80, adopting
and enacting a new Code of Ordinances.
i. Second and FINAL Reading of Ordinance No. 2-80, amending
Chapter 29 "Zoning" of the Code of Ordinances to allow
"resource recovery plant, in a completely enclosed build-
ing" as a permitted use.
j. Second and FINAL Reading of Ordinance No. 3-80, amending
Chapter 29 "Zoning" of the Code of Ordinances relative to
parking by expanding the definition of "industrial equip-
ment" and by adding the R-lA-B, PRD-4, PRD-7 and PRD-lO
zoning districts to the definition of "residential districts".
k. First Reading of Ordinance No. 4-80, repealing Ordinance No.
85-79 to correct the legal description relative to rezoning
request -- Northeast corner of U. S. No.1 and Eve Street.
1. First Reading of Ordinance No. 5-80, amending Chapter 29
"Zoning" of the Code of Ordinances to add the term
"industrial equipment" to the list of prohibited or restrict-
ed motor vehicles in residential districts.
9. Reports:
a. Report from the Planning & Zoning Board relative to sub-
division ordinance amendment - Parks and Recreation Fund.
b. Report from the Planning & Zoning Board relative to final
plat approval - Rainberry West (Section I).
c. Report from the Planning & Zoning Board relative to site
plan modification - Stewart Arms.
d. Report from the Planning & Zoning Board relative to zoning
ordinance amendment - Veterinary Clinics.
e. Report from the Planning & Zoning Board relative to site and
development plan approval - Delray Oaks First Addition.
f. Report from the Planning & Zoning Board relative to condi-
tional use approval - Sir Waxer.
g. Report from the Planning & Zoning Board relative to condi-
tional use, site and development plan approval - Delray Mall
Shopping Center (Phase III).
AGENDA 1-28-80
Page 2
PRE F ACE
6. b. As discussed at workshop on January 21st, Council is to
give consideration at Monday night's meeting to authorizing
the taking of all necessary steps leading to the trade of
a parcel of City-owned land for land owned by WDBF.
c. It is recommended that Council consider approving the follow-
ing items contained in the traffic study report involving
the Bridge Restaurant/Patio Delray Restaurant vicinity dis-
cussed at workshop on January 21st:
1. Canal Street
Dead-end Canal Street at the south line of the property on
which the Bridge Restaurant is located and construct a T-
turnaround at this location.
2. Adult Recreation Center Parking Lot
Prohibit parking on the Adult Recreation Center parking lot
by persons not using said facility.
3. Atlantic Avenue - Palm Street Intersection
Prohibit left turns at the Atlantic Avenue - Palm Street
intersection and provide a turning lane on westbound Atlantic
Avenue at 7th Avenue for southbound traffic. Replace traffic
signalization at the Atlantic Avenue - 7th Avenue inter-
section. Four parking spaces would be eliminated on the
north side of Atlantic Avenue between 6th and 7th Avenues.
All of Item 3 improvements are subject to Department of
Transportation approval. The estimated cost of these im-
provements is $25,000.
d. Council may approve, by motion, the amendment to the Delray
Beach Downtown Development Authority Act and direct the City
Attorney's office to present it to the Legislative Delegation.
e. Council may approve, by motion, the local bill amending the
civil Service Act and direct the City Attorney's office to
present it to the LegiSlative Delegation.
7. a. The Mayor should acknowledge minutes of the Beautification
Committee for meetings held on December 5, 1979 and January
2, 1980.
b. Pursuant to informal workshop decision last Monday night,
Council is to give consideration at Monday night's meeting
to approval of the 1980 Delray Affair for April 11th through
April 13, 1980 inclusive, as requested by the Delray Affair
Committee.
c. As discussed at the January 21st workshop meeting, Council
is to consider approving erection of two tents, 30 x 100
and 30 x 75 in the First Federal Park for the purpose of
holding an automobile show during the Delray Affair from
April 11th through April 13, 1980, subject to Fire Department
requirements being met.
8. a. It is recommended that the sanitary sewers and water utili-
ties installed in pine Lake (The Hamlet) be accepted as
operational by adoption of Resolution No. 8-80.
b. It is recommended that streets and storm drains installed
in pine Lake (The Hamlet) be accepted as operational by
adoption of Resolution No. 9-80.
c. It is recommended that the sanitary sewers and water utili-
ties installed in Rainberry Lakes, Phase Two be accepted as
operational by adoption of Resolution No. 10-80.
8. d. It is recommended that streets and storm drains installed in
Rainberry Lakes, Phase Two be accepted as operational by
adoption of Resolution No. 11-80.
e. Resolution No. 12-80 providing evidence to the Florida
Department of Natural Resources of the establishment of a
special project account for the City's sand search,
vegetation, beach and reef monitoring project has been pre-
pared for Council consideration at the meeting Monday night.
Council approved execution of the Agreement between the City
and DNR in the sand search, vegetation, beach and reef
monitoring project at the January 14th meeting. The reso-
lution is also required by DNR.
Approval is recommended.
f. Resolution No. 13-80 expressing the City's opposition to the
withdrawal of the City of Boca Raton from the Southeastern
Palm Beach County Hospital District has been prepared for
Council consideration at Monday night's meeting.
This was discussed at the workshop meeting on January 21st.
g. Ordinance No. 86-79 amending Chapter 8 "Boats, Docks and
Waterways" of the Code of Ordinances to provide for the
regulation of construction of docks, dolphins, finger piers
and boat lifts has been prepared for Council consideration
on Second and FINAL Reading at the meeting Monday night.
This ordinance was passed on First Reading at the January
14th meeting.
Prior to consideration of passage of this ordinance on Second
and FINAL Reading, a public hearing has been scheduled to be
held at Monday night's meeting in order that any interested
parties may be heard.
h. Ordinance No. 1-80 has been prepared for Council consider-
ation on Second and FINAL Reading at the meeting Monday
night. This ordinance, if passed, will enact a new Code of
Ordinances. This ordinance was passed on First Reading at
the January 14th meeting.
Prior to consideration of passage of this ordinance on Second
and FINAL Reading, a public hearing has been scheduled to be
held at Monday night's meeting in order that any interested
parties may be heard.
i. Ordinance No. 2-80, amending Chapter 29 "Zoning" of the Code
of Ordinances to allow "resource recovery plant, in a
completely enclosed building" as a permitted use has been
prepared for Council consideration on Second and FINAL Read-
ing at the meeting Monday night. This ordinance was passed
on First Reading at the January 14th meeting.
Prior to consideration of passage of this ordinance on Second
and FINAL Reading, a public hearing has been scheduled to be
held at Monday night's meeting in order that any interested
parties may be heard.
j. Ordinance No. 3-80 has been prepared for Council consider-
ation on Second and FINAL Reading at the meeting Monday
night. This ordinance, if passed, will amend Chapter 29
"Zoning" of the Code of Ordinances relative to parking by
expanding the definition of "industrial equipment" and by
adding the R-IA-B, PRD-4, PRD-7 and PRD-IO zoning districts
to the definition of "residential districts". This ordinance
was passed on First Reading at the January 14th meeting.
PREFACE 1-28-80
Page 2
8. j. Prior to consideration of passage of this ordinance on Second
and FINAL Reading, a public hearing has been scheduled to be
held at Monday night's meeting in order that any interested
parties may be heard.
k. Ordinance No. 4-80, repealing Ordinance No. 85-79 to correct
the legal description relative to rezoning and placing land
zoned CG (General Commercial) District (County) to SAD
(Special Activities) District (City), located at the north-
east corner of U. S. No.1 and Eve Street has been prepared
for Council consideration on First Reading at the meeting
Monday night.
1. Ordinance No. 5-80, amending Chapter 29 "Zoning" of the Code
of Ordinances to add the term "industrial equipment" to the
list of prohibited or restricted motor vehicles in resi-
dential districts has been prepared for Council consideration
on First Reading at Monday night's meeting.
9. a. The Planning & Zoning Board at a meeting held on January 22nd,
recommended by unanimous vote that an amendment be made to
the subdivision ordinance relative to specifying the use for
which money contributed by developers in lieu of donating
park land can be used as well as when such money shall be
paid to the City.
A second motion passed unanimously, recommending that a
special fund be established for holding money contributed in
lieu of park land.
Council may either direct the City Attorney to prepare an
ordinance or refer to workshop.
b. The Planning & Zoning Board at a meeting held on January 22nd,
recommended by unanimous vote that the final plat for Rain-
berry West (Section I), located on the east side of Barwick
Road, between Lake Ida Road and the L-30 Canal be approved,
subject to the following:
1) City Engineer's memorandum of January 16th (copy attached) .
2) Director of Public Utilities memorandum of January 16th
(copy attached).
3) Availability of water.
c. The Planning & Zoning Board at a meeting held on December 28,
1979, considered the site plan modification request for
Stewart Arms development to eliminate the S. W. 14th Avenue
dedication and improvement requirement from the approved
site plan, and add another entranceway at the southeast corner
of the property.
The subject property is in Section 20-46-43, and is located
on the north side of S. W. 8th Street, between S. W. 8th
Avenue and S. W. 15th Avenue, and is zoned RM-15 (Multiple
Family) District.
After discussion, a motion passed unanimously, approving the
elimination of the S. W. 14th Avenue dedication and im-
provement requirement as a minor modification, with the
understanding that there will not be another entranceway
at the southeast corner of the property, and that a pre-
liminary and final plat will be submitted when the project
is completed.
The Board further discussed the possibility of providing
access at the northeast corner of the property so as to
provide traffic circulation to S. W. 8th Avenue.
After discussion, a motion passed unanimously, recommending
that a road connection be provided at the northeast corner
PREFACE 1-28-80
Page 3
9. c. of the property, then extend and improve S. W. 10th Avenue
north to S. W. 6th Street, then extend and improve S. W.
6th Street east to connect with S. W. 8th Avenue.
Council, at the January 14th meeting, referred this to work-
shop.
This was discussed at the January 21st workshop meeting, at
which time it was informally agreed that the City will improve
the streets when financing is available.
d. The Planning & Zoning Board at a meeting held on January 22nd,
recommended by unanimous vote that the zoning ordinance be
amended relative to prohibiting veterinary clinics from
disposing of carcasses on-site.
Council may either authorize drafting of the ordinance or
refer to workshop.
e. The Planning & Zoning Board at a meeting held on January 15th,
recommended by unanimous vote that the site and development
plan for Delray Oaks First Addition, located on the north side
of the C-15 Canal, between Congress Avenue and the E-4 Canal,
be approved, subject to the following:
1) City Engineer's memorandum of December 21, 1979 (copy
attached) .
2) Director of Public Utilities memorandum of December 12,
1979 (copy attached).
3) Availability of water.
4) A time limitation of 18 months be set for development of
the project.
This was discussed at the workshop meeting on January 21st.
f. The Planning & Zoning Board at a meeting held on January 15th,
recommended by unanimous vote that the conditional use for
Sir Waxer, an automotive grooming center at the northeast
corner of N. E. 3rd Street and N. E. 2nd Avenue, be approved,
subject to the fOllowing:
1) City Engineer's memorandum of January 10th (copy at-
tached) .
2) Director of Public Utilities memorandum of December 17,
1979 (copy attached).
3) Availability of water.
4) A time limitation of one (1) year be set for development
of the project.
Council may either authorize drafting of the ordinance or
refer to workshop.
g. The Planning & Zoning Board at a meeting held on January 22nd,
recommended by unanimous vote that the conditional use, site
and development plan for Delray Mall Shopping Center (Phase
III), located on the north side of Linton Boulevard, between
Dixie Highway and U. S. No.1 be approved, subject to the
following:
1) City Engineer's memorandum of January 21st (copy attached).
2) Director of Public Utilities memorandum of December 12,
1979 (copy attached).
3) Availability of water.
4) A time limitation of 18 months be set for development
of the project.
PREFACE 1-18-80
Page 4