06-28-88 JUNE 28, 1988
A Regular Meeting of the City Commission of the City of Delray
Beach, Florida, was called to order by Vice-Mayor Jimmy Weatherspoon in
the Commission Chambers at City Hall at 7:10 P.M., Tuesday, June 28,
1988.
1. Roll call showed:
Present - Commissioner Patricia Brainerd
Commissioner Marie Horenburger
Commissioner Mary McCarty
Commissioner Jimmy Weatherspoon
Mayor Doak S. Campbell (Arrived 7:20 P.M.)
Absent - None
Also present were - City Manager Walter O. Barry and
Assistant City Attorney Jeffrey Kurtz.
2. The opening prayer was delivered by Reverend Neil Hickem, First
B~ptist Church.
3. The Pledge of Allegiance to the flag of the United States of
America was given. At this time Tina Eno, Public Information Officer,
lead the audience in singing "America, the Beautiful".
4.A. Larry Rosensweig, Director of the Morikami, Inc., conveyed
greetings from the Mayor of Miyazu, Japan, along with congratulations on
the opening of their exhibit at the Morikami Museum to celebrate the
tenth anniversary of the agreement creating the relationship of the
Sister Cities. He presented tee shirts to the members of the Commission
to commemorate the occasion.
Mayor Campbell arrived at this time and took the Chair.
4.B. Tim Hunt, Director of the Solid Waste Authority, presented
design plans for landscape and architectural treatments at the transfer
station located south of Linton Boulevard west of Dixie Highway.
Upon question by Mr. Weatherspoon, the City Manager stated on
direction from the Commission, staff will request that Mr. Hunt return
to his board, get the funding and proposal in place and present it to
the Community Appearance Board for approval.
5. The City Manager stated the applicant has requested that Item
No. 57 be withdrawn from the agenda. Mayor Campbell requested Item No.
44 be moved to the beginning of the Public Hearing portion of the
agenda.
Ms. Horenburger moved to approve the agenda, deleting Item No.
57 and moving Item No. 44 to the beginning of the agenda, seconded by
Mr. Weatherspoon. Upon roll call the Commission voted as follows: Ms.
Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr.
Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5
to 0 vote.
PUBLIC HEARINGS
44. Ordinance No. 70-88 - Annexation of Enclave 43. Ordinance No.
70-88, annexing Enclave 43, a 4.02 acre parcel located in the Tropic
Isle Subdivision off McCleary Street with a proposed zoning of CF, is
before the Commission for consideration on First Reading. If passed,
Second and FINAL Reading will be held July 26th.
The City Manager presented Ordinance No. 70-88:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A
PARCEL OF LAND LYING AND BEING IN SECTION 28, TOWNSHIP 46
SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, WHICH
LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID
CITY; SAID LAND IS LOCATED ON THE WEST SIDE OF THE
INTRACOASTAL WATERWAY, BETWEEN LINTON BOULEVARD AND
MCCLEARY STREET; REDEFINING THE BOUNDARIES OF SAID CITY
TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND
OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING
THEREOF TO CF (COMMUNITY FACILITIES) DISTRICT; PROVIDING
A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE;
PROVIDING AN EFFECTIVE DATE.
The Assistant City Attorney read the caption of the ordinance.
(An unscheduled public hearing was held to obtain public input due to
the nature of this Enclave). Second Reading and Public Hearing will be
held July 26, 1988.
Jean Beer~ 945 Tropic Boulevard, stated the Tropic Isle Associ-
ation appreciates the position of the P&Z Board; however, this parcel of
land is mostly under water at high tide and will be a very expensive
piece of property to develop. The homeowners prefer the zoning of
R-1AA-B to remain, as it was in the County.
Jim McKenzie, 936 McCleary Street, stated since the City does
not own the property, and while the intent may be to retain this parcel
for either a park or something of that nature, when the time comes for
the future owner to develop the land, he will have all the rights that
the CF zoning allows. He feels those rights could be disastrous to the
residents of McCleary Street and requests the single family zoning be
retained.
Paul Smith, 924 Jasmine Drive, asked that everyone keep in mind
that the Florida Inland Navigation District purchased the property
mainly to handle the floodback from the Intracoastal Waterway and to
protect the bridge and mangroves that are a part of the natural environ-
ment. He requests the R-1AA-B Zoning be retained.
Noel Pfiefer, 940 McCleary Street, stated someday the
Intracoastal Waterway must be dredged and he feels the spoils from
dredging will be placed on the property in question. He requested it be
kept, as is, and make it a bird and wildlife sanctuary.
The Public Hearing was closed.
The City Manager stated that following comments made at the P&Z
Board meeting last evening and the comments of tonight, the staff
recommendation is to annex the property and rezone it R-1AA. If the
Commission so directs, the public hearing will be held July 26th.
Assistant City Attorney Kurtz recommended the Commission make a
motion to deny.
Ms. Horenburger moved to deny the Ordinance, seconded by Mr.
Weatherspoon. Upon roll call the Commission voted as follows: Ms.
Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr.
Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5
to 0 vote. (Later in the meeting a motion was made to reconsider
Ordinance No. 70-88 and the caption was read on First Reading to change
the zoning classification to R-1AA).
Agenda Items Relocation. Ms. Horenburger moved to place Item Nos. 36
through 47 after Item No. 27, seconded by Mr. Weatherspoon. Upon roll
call the Commission voted as follows: Ms. Brainerd - Yes; Ms.
Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor
Campbell - Yes. Said motion passed with a 5 to 0 vote.
6. Ordinance No. 34-88 - Annexing Enclave 2. Ordinance No. 34-88,
annexing Enclave 2, with a proposed zoning of R-IAA and located within
the Seacrest Subdivision is before the Commission for consideration on
Second and FINAL Reading. Prior to consideration of passage of this
ordinance on Second and FINAL Reading, a public hearing has been sched-
uled to be held at this time.
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?!
The City Manager presented Ordinance No. 34-88:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOTS
3 AND 4, SEACREST SUBDIVISION, ACCORDING TO THE PLAT
THEREOF RECORDED IN PLAT BOOK 23, PAGE 3, OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA, WHICH LAND IS
CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY;
SAID LAND IS LOCATED ON THE NORTH SIDE OF SEACREST LANE,
APPROXIMATELY 230 FEET EAST OF SEACREST BOULEVARD;
REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID
LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID
LAND; PROVIDING FOR THE ZONING THEREOF TO R-1AA (SINGLE
FAMILY DWELLING) DISTRICT; PROVIDING A GENERAL REPEALER
CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE
DATE.
(Copy of 6rdinance No. 34-88 is on file in the official Ordi-
nance Book)
The Assistant City Attorney read the caption of the ordinance.
A public hearing was held having been legally advertised in compliance
with the laws of the State of Florida and the Charter of the City of
Delray Beach, Florida. The public hearing was closed.
Ms. Horenburger moved for the adoption of Ordinance No. 34-88
on Second and FINAL Reading, seconded by Ms. McCarty. Upon roll call
the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger -
Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes.
Said motion passed with a 5 to 0 vote.
7. Ordinance No. 35-88 - Annexing Enclaves 5A and 5B. Ordinance
No. 35-88, annexing Enclave 5A, with a proposed zoning of RL for three
parcels and NC for one parcel and Enclave 5B, consisting of five parcels
with a proposed zoning of R-1AA, located on the northeast corner of
Seacrest Boulevard and Pineridge Road, is before the Commission for
consideration on Second and FINAL Reading. Prior to consideration of
passage of this ordinance on Second and FINAL Reading, a public hearing
has been scheduled to be held at this time.
The City Manager presented Ordinance No. 35-88:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH
THREE PARCELS OF LAND LYING AND BEING IN SECTION 4,
TOWNSHIP 46 SOUTH, RANGE 43 EAST, DELRAY BEACH, PALM
BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO
EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS
GENERALLY LOCATED AT THE NORTHEAST CORNER OF THE INTER-
SECTION OF SEACREST BOULEVARD AND N.E. 22ND STREET, AND
ON THE NORTH SIDE OF N.E. 22ND STREET, APPROXIMATELY 310
FEET EAST OF SEACREST BOULEVARD; REDEFINING THE BOUNDA-
RIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE
RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE
ZONING THEREOF TO R-1AA (SINGLE FAMILY DWELLING) DIS-
TRICT, IN PART, RL (LOW TO MEDIUM DENSITY DWELLING)
DISTRICT, IN PART, AND NC (NEIGHBORHOOD COMMERCIAL)
DISTRICT, IN PART; PROVIDING A GENERAL REPEALER CLAUSE;
PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
(Copy of Ordinance No. 35-88 is on file in the official
Ordinance Book)
The Assistant City Attorney read the caption of the ordinance.
The City Attorney read the caption of the ordinance. A public
hearing was held having been legally advertised in compliance with the
laws of the State of Florida and the Charter of the City of Delray
Beach, Florida.
William J. He~strom read a letter explaining on July 1, 1987,
he met with the P&Z Board regarding the change of zoning and annexation
-3- 6/28/88
of this property. It was the consensus of the Board to allow
multi-family, medium density, as they felt it would serve as a buffer
between commercial uses on the west and single family homes to the east.
In May of 1988, he received a letter advertising R-1A-C instead of RM.
He would prefer the Commission approve a density of RL for four units
upon subdivision of this property. He questioned if the property should
change owners in the future, would the grandfather clause on the beauty
shop be lost.
The Public Hearing was closed.
Mr. Kovacs, Director of Planning and Zoning, stated the beauty
shop is a non-conforming use and cannot be expanded upon. If it is not
used as a beauty shop for six consecutive months, the use must cease.
If it continues, it can remain a beauty shop regardless of ownership.
Mr. Kovacs stated, with regard to the question of subdivision,
his property is large enough to be subdivided into two lots, meeting
R-lA-C, RM or RL Zoning. If divided into two lots, a duplex can then be
placed on each of the two lots, or one house and one duplex, regardless
of the density. If he develops the current lot for a multiple family
structure under RL or RM, he can only have three units based on density.
He cannot have two single family detached units on the property.
Mr. Hegstrom questioned what can be done ~ith the building if
the beauty shop is not occupied and the grandfather clause is lost.
Assistant City Attorney Kurtz stated he would have the option of con-
necting it in some way to increase the square footage or it could be
razed and something new constructed.
Mayor Campbell suggested the RL zoning be continued until such
time as Mr. Hegstrom presents a definite plan and works with staff,
whereupon the Commission will entertain a proposal and try to work it
out.
Mr. Weatherspoon moved for the adoption of Ordinance No. 35-88
on Second and FINAL Reading, seconded by Ms. McCarty. Upon roll call
the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger -
Yes; Ms. McCarty - Yes: Mr. Weatherspoon - Yes; Mayor Campbell - Yes.
Said motion passed with a 5 to 0 vote.
8. Ordinance No. 36-88. - Annexin~ Enclave 36. Ordinance No.
3--~-88, annexing Enclave 36, a .23 acre parcel with a proposed zoning of
CF, containing a Southern Bell switching structure and located north of
Linton Boulevard, approximately 100 feet east of Germantown Road, is
before the Commission for consideration on Second and FINAL Reading.
Prior to consideration of passage of this ordinance on Second and FINAL
Reading, a public hearing has been scheduled to be held at this time.
The City Manager presented Ordinance No. 36-88:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOT
47, LESS THE SOUTH 30 FEET ROAD RIGHT-OF-WAY, SAND O'SEA
SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED IN
PLAT BOOK 21, PAGE 27, OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO
EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS
LOCATED ON THE NORTH SIDE OF LINTON BOULEVARD, APPROXI-
MATELY 100 FEET EAST OF GERMANTOWN ROAD, REDEFINING THE
BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING
FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING
FOR THE ZONING THEREOF TO CF (COMMUNITY FACILITIES)
DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING
A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
(Copy of Ordinance No. 36-88 is on file in the official Ordi-
nance Book)
The Assistant City Attorney read the caption of the ordinance.
A public hearing was held having been legally advertised in compliance
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with the laws of the State of Florida and the Charter of the City of
Delray Beach, Florida. The public hearing was closed.
Mr. Weatherspoon moved for the adoption of Ordinance No. 36-88
on Second and FINAL Reading, seconded by Ms. Brainerd. Upon roll call
the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger -
Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes.
Said motion passed with a 5 to 0 vote.
At this time Mayor Campbell and Mr. Weatherspoon left the
Commission Chambers and Deputy Vice-Mayor McCarty took the chair.
9. Ordinance No. 37-88 - Annexing Enclave 14. Ordinance No.
37-88, annexing Enclave 14, a .34 acre parcel, with a proposed zoning of
R-1AA and located at the southeast corner of Denver Drive (N.W. llth
Street) and N.W. 4th Avenue, is before the Commission for consideration
on Second and FINAL Reading. Prior to consideration of passage of this
ordinance on Second and FINAL Reading, a public hearing has been sched-
uled to be held at this time.
The City Manager presented Ordinance No. 37-88:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOT
3, BLOCK 4, AMENDED PLAT OF LAKE IDA GARDENS, ACCORDING
TO THE PLAT THEREOF RECORDED IN PLAT BOOK 23, PAGE 192,
OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,
WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF
SAID CITY; SAID LAND IS LOCATED AT THE SOUTHEAST CORNER
OF DENVER DRIVE (N.W. llTH STREET) AND N.W. 5TH AVENUE;
REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID
LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID
LAND; PROVIDING FOR THE ZONING THEREOF TO R-1AA (SINGLE
FAMILY DWELLING) DISTRICT; PROVIDING A GENERAL REPEALER
CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE
DATE.
(Copy of Ordinance No. 37-88 is on file in the official Ordi-
nance Book)
The Assistant City Attorney read the caption of the ordinance.
A public hearing was held having been legally advertised in compliance
with the laws of the State of Florida and the Charter of the City of
Delray Beach, Florida. The public hearing was closed.
Ms. Horenburger moved for the adoption of Ordinance No. 37-88
on Second and FINAL Reading, seconded by Ms. Brainerd. Upon roll call
the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger -
Yes; Deputy Vice-Mayor McCarty - Yes. Said motion passed with a 3 to 0
vote.
10. Ordinance No. 38-88 - Annexing Enclave 16. Ordinance No.
38-88, annexing Enclave 16, a .33 acre parcel with a proposed zoning of
R-1AA and located south of Lake Shore Drive approximately 100 feet east
of N.W. 8th Avenue, is before the Commission for consideration on Second
and FINAL Reading. Prior to consideration of passage of this ordinance
on Second and FINAL Reading, a public hearing has been scheduled to be
held at this time.
The City Manager presented Ordinance No. 38-88:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH THE
EASTERLY 110 FEET OF THE WESTERLY 220 FEET OF THE NORTH-
WEST QUARTER OF LOT 3, LYING SOUTH OF N.W. 9TH STREET,
WITHIN SECTION 8, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH
LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID
CITY; SAID LAND IS LOCATED ON THE SOUTH SIDE OF LAKE
SHORE DRIVE (N.W. 9TH STREET), APPROXIMATELY 100 FEET
EAST OF N.W. 8TH AVENUE; REDEFINING THE BOUNDARIES OF
SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS
AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING
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THEREOF TO R-1AA (SINGLE FAMILY DWELLING) DISTRICT;
PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING
CLAUSE; PROVIDING AN EFFECTIVE DATE.
(Copy of Ordinance No. 38-88 is on file in the official Ordi-
nance Book)
The Assistant City Attorney read the caption of the .ordinance.
A public hearing was held having been legally advertised in compliance
with the laws of the State of Florida and the Charter of the City of
Delray Beach, Florida. The public hearing was closed.
Ms. Horenburger moved for the adoption of Ordinance No. 38-88
on Second and FINAL Reading, seconded by Ms. Brainerd. Upon roll call
the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger -
Yes; Deputy Vice-Mayor McCarty - Yes. Said motion passed with a 3 to 0
vote.
11. Ordinance no. 39-88 - Annexing Enclave 17. Ordinance No.
39-88, annexing Enclave 17, a .34 acre parcel with a proposed zoning of
R-1AA and located at the northeast corner of N.W. 8th Avenue and N.W.
7th Street, is before the Commission for consideration on Second and
FINAL Reading. Prior to consideration of passage of this ordinance on
Second and FINAL Reading, a public hearing has been scheduled to be h~ld
at this time.
The City Manager presented Ordinance No. 39-88:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH THE
WESTERLY 110 FEET OF THE NORTH HALF OF THE WESTERLY HALF
OF THE SOUTHWEST QUARTER OF LOT 3, LYING WITHIN SECTION
8, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS
CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY;
SAID LAND IS LOCATED AT THE NORTHEAST CORNER OF THE
INTERSECTION OF N.W. 8TH AVENUE AND N.W. 7TH STREET;
REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID
LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID
LAND; PROVIDING FOR THE ZONING THEREOF TO R-1AA (SINGLE
FAMILY DWELLING) DISTRICT; PROVIDING A GENERAL REPEALER
CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE
DATE.
The Assistant City Attorney read the caption of the ordinance.
A public hearing was held having, been legally advertised in compliance
with the laws of the State of Florida and the Charter of the City of
Delray Beach, Florida. The public hearing was closed.
Ms. Horenburger moved for the adoption of Ordinance No. 39-88
on Second and FINAL Reading, seconded by Ms. Brainerd. Upon roll call
the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger -
Yes; Deputy Vice-Mayor McCarty - Yes. Said motion passed with a 3 to 0
vote.
12. Ordinance No. 40-88 - Annexing Enclave 18. Ordinance No.
40-88, annexing Enclave 18, a .64 acre parcel, located between Lake
Shore Drive and N.W. 7th Street, approximately 100 feet west of N.W. 6th
Avenue and with a proposed zoning of R-1AA, is before the Commission for
consideration on Second and FINAL Reading. Prior to consideration of
passage of this ordinance on Second and FINAL Reading, a public hearing
has been scheduled to be held at this time.
The City Manager presented Ordinance No. 40-88:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A
PARCEL OF LAND LYING AND BEING IN SECTION 8, TOWNSHIP 46
SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXIST-
ING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED
BETWEEN LAKE SHORE DRIVE (N.W. 9TH STREET) AND N.W. 7TH
STREET, APPROXIMATELY 100 FEET WEST OF N.W. 6TH AVENUE;
REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID
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LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID
LAND; PROVIDING FOR THE ZONING THEREOF TO R-1AA (SINGLE
FAMILY DWELLING) DISTRICT; PROVIDING A GENERAL REPEALER
CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE
DATE.
(Copy of Ordinance No. 40-88 is on file in the official Ordi-
nance Book)
The Assistant City Attorney read the caption of the ordinance.
A public hearing was held having been legally advertised in compliance
with the laws of the State of Florida and the Charter of the City of
Delray Beach, Florida. The public hearing was closed.
Ms. Brainerd moved for the adoption of Ordinance No. 40-88 on
Second and FINAL Reading, seconded by Ms. Horenburger. Upon roll call
the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger -
Yes; Deputy Vice-Mayor McCarty - Yes. Said motion passed with a 3 to 0
vote.
Mr. Weatherspoon returned to the Commission Chambers at this
time and took the chair.
13. Ordinance No. 41-88 - Annexing Enclave 19. Ordinance No.
41-88, annexing Enclave 19, consisting of 12 parcels, totaling 3.08
acres, located east of N.W. 6th Avenue, west of N.W. 4th Avenue, south
of N.W. 9th Street and north of Gardenia Terrace East, with a proposed
zoning of R-1AA, is before the Commission for consideration on Second
and FINAL Reading. Prior to consideration of passage of this ordinance
on Second and FINAL Reading, a public hearing has been scheduled to be
held at this time.
The City Manager presented Ordinance No. 41-88:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOTS
1, 2, 4, 7, 13, 14, 18, 19, 20, 23, 24, 25, LAKE IDA
MANOR, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT
BOOK 23, PAGE 138, OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING
MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS GENERALLY
LOCATED EAST OF N.W. 6TH AVENUE WEST OF N.W. 4TH AVENUE,
SOUTH OF N.W. 9TH STREET, AND NORTH OF GARDENIA TERRACE
EAST; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE
SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF
SAID LAND; PROVIDING FOR THE ZONING THEREOF TO R-1AA
(SINGLE FAMILY DWELLING) DISTRICT; PROVIDING A GENERAL
REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN
EFFECTIVE DATE.
(Copy of Ordinance No. 41-88 is on file in the official Ordi-
nance Book)
The Assistant City Attorney read the caption of the ordinance.
A public hearing was held having been legally advertised in compliance
with the laws of the State of Florida and the Charter of the City of
Delray Beach, Florida. The public hearing was closed.
Ms. Horenburger moved for the adoption of Ordinance No. 41-88
on Second and FINAL Reading, seconded by Ms. Brainerd. Upon roll call
the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger -
Yes; Ms. McCarty - Yes; Vice-Mayor Weatherspoon - Yes. Said motion
passed with a 4 to 0 vote.
Ms. McCarty left the Commission Chambers at this time.
14. Ordinance No. 42-88 - Annexing Enclave 20. Ordinance No.
42-88, annexing Enclave 20, consisting of two parcels totaling 1.08
acres, located between N.W. 7th Street and Gardenia Terrace East,
approximately 200 feet east of N.W. 8th Avenue and with a proposed
zoning of R-1AA, is before the Commission for consideration on Second
and FINAL Reading. Prior to consideration of passage of this ordinance
-7- 6/28/88
on Second and FINAL Reading, a public hearing has been scheduled to be
held at this time.
The City Manager presented Ordinance No. 42-88:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A
PARCEL OF LAND, LYING AND BEING IN SECTION 8, TOWNSHIP 46
SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXIST-
ING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED
BETWEEN N.W. 7TH STREET AND GARDENIA TERRACE EAST,
APPROXIMATELY 200 FEET EAST OF N.W. 8TH AVENUE; REDEFIN-
ING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND;
PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND;
PROVIDING FOR THE ZONING THEREOF TO R-1AA (SINGLE FAMILY
DWELLING) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE;
PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
(Copy of Ordinance No. 42-88 is on file in the official Ordi-
nance Book)
The Assistant City Attorney read the caption of the ordinance.
A public hearing was held having been legally advertised in compliance
with the laws of the State of Florida and the Charter of the City-of
Delray Beach, Florida. The public hearing was closed.
Ms. Brainerd moved for the adoption of Ordinance No. 42-88 on
Second and FINAL Reading, seconded by Ms. Horenburger. Upon roll call
the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger -
Yes; Vice-Mayor Weatherspoon - Yes. Said motion passed with a 3 to 0
vote.
15. Ordinance No. 43-88 - Annexing Enclave 21. Ordinance No.
43-88, annexing Enclave 21, consisting of four parcels totaling 1.27
acres, with a proposed zoning of R-1AA and located between N.W. 7th
Street and Gardenia Terrace East, west of N.W. 5th Avenue to approxi-
mately 150 feet west of N.W. 6th Avenue, is before the Commission for
consideration on Second and FINAL Reading. Prior to consideration of
passage of this ordinance on Second and FINAL Reading, a public hearing
has been scheduled to be held at this time.
The City Manager presented Ordinance No. 43-88:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A
PARCEL OF LAND LYING AND BEING IN SECTION 8, TOWNSHIP 46
SOUTH, RANGE 43 EAST, TOGETHER WITH LOTS 26, 27 AND 28,
LAKE IDA MANOR, ACCORDING TO THE PLAT THEREOF RECORDED IN
PLAT BOOK 23, PAGE 138 OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO
EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS
LOCATED WEST OF N.W. 5TH AVENUE TO APPROXIMATELY 150 FEET
WEST OF N.W. 6TH AVENUE, BETWEEN N.W. 7TH STREET AND
GARDENIA TERRACE EAST; REDEFINING THE BOUNDARIES OF SAID
CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND
OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING
THEREOF TO R-1AA (SINGLE FAMILY DWELLING) DISTRICT;
PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING
CLAUSE; PROVIDING AN EFFECTIVE DATE.
(Copy of Ordinance No. 43-88 is on file in the official Ordi-
nance Book)
The Assistant City Attorney read the caption of the ordinance.
A public hearing was held having been legally advertised in compliance
with the laws of the State of Florida and the Charter of the City of
Delray Beach, Florida. The public hearing was closed.
Ms. Brainerd moved for the adoption of Ordinance No. 43-88 on
Second and FINAL Reading, seconded by Ms. Horenburger. Upon roll call
the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger -
-8- 6/28/88
Yes; Vice-Mayor Weatherspoon - Yes. Said motion passed with a 3 to 0
vote.
Mayor Campbell returned to the Commission Chambers at this time
and took the chair.
16. Ordinance No. 44-88 - Annexing Enclave 25. Ordinance No.
44-88, annexing Enclave 25, a .34 acre parcel with a proposed zoning of
RM-10 and located west of N.E. 9th Avenue, approximately 360 feet north
of N.E. 8th Street, is before the Commission for consideration on Second
and FINAL Reading. Prior to consideration of passage of this ordinance
on Second and FINAL Reading, a public hearing has been scheduled to be
held at this time.
The City Manager presented Ordinance No. 44-88:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH THE
NORTH 25 FEET OF LOT 16 AND ALL OF LOTS 17 AND 18, BLOCK
4, SOPHIA FREY SUBDIVISION, ADDITION TO DELRAY, ACCORDING
TO THE PLAT THEREOF RECORDED IN PLAT BOOK 4, PAGE 37, OF
THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, WHICH
LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID
CITY; SAID LAND IS LOCATED ON THE WEST SIDE OF N.E. 9TH
AVENUE, APPROXIMATELY 360 FEET NORTH OF N.E. 8TH STREET;
REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID
LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID
LAND; PROVIDING FOR THE ZONING THEREOF TO RM-10 (MULTIPLE
FAMILY DWELLING) DISTRICT; PROVIDING A GENERAL REPEALER
CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE
DATE.
(Copy of Ordinance No. 44-88 is on file in the official Ordi-
nance Book)
The Assistant City Attorney read the caption of the ordinance.
A public hearing was held having been legally advertised in compliance
with the laws of the State of Florida and the Charter of the City of
Delray Beach, Florida. The public hearing was closed.
Ms. Brainerd moved for the adoption of Ordinance No. 44-88 on
Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call
the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger -
Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed
with a 4 to 0 vote.
Ms. McCarty returned to the Commission Chambers at this time.
17. Ordinance No. 45-88 - Annexing Enclave 26. Ordinance No.
45-88, annexing Enclave 26, containing two parcels totaling .67 acres
with a proposed zoning of RM-10 and located between N.E. 8th and 9th
Avenues, approximately 130 feet north of N.E. 8th Street, is before the
Commission for consideration on Second and FINAL Reading. Prior to
consideration of passage of this ordinance on Second and FINAL Reading,
a public hearing has been scheduled to be held at this time.
The City Manager presented Ordinance No. 45-88:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH THE
NORTH HALF OF LOT 13 AND ALL OF LOT 14, TOGETHER WITH
LOTS 3, 4 AND 5 (LESS THE WESTERLY 20 FEET THEREOF),
BLOCK 4, SOPHIA FREY SUBDIVISION, ADDITION TO DELRAY,
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 4,
PAGE 37, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL
LIMITS OF SAID CITY; SAID LAND IS LOCATED BETWEEN N.E.
8TH AVENUE AND N.E. 9TH AVENUE, APPROXIMATELY 130 FEET
NORTH OF N.E. 8TH STREET; REDEFINING THE BOUNDARIES OF
SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS
AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING
THEREOF TO RM-10 (MULTIPLE FAMILY DWELLING) DISTRICT;
-9- 6/28/88
PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING
CLAUSE; PROVIDING AN EFFECTIVE DATE.
(Copy of Ordinance No. 45-88 is on file in the official Ordi-
nance Book)
The Assistant City Attorney read t~e caption of the ordinance.
A public hearing was held having been legally advertised in compliance
with the laws of the State of Florida and the Charter of the City of
Delray Beach, Florida.
John Gwynn, 811 N.E. 8th Avenue, requested upon annexation to
the City and being surrounded by commercial property, he would like to
come in under the Commercial Zoning, in lieu of the RM-10 Zoning. The
purpose of the original purchase was to gain parking for a commercial
family building that is adjacent.
Upon question, Mr. Kovacs stated parking can be provided
through a conditional use in an RM-10 zone for adjacent commercial uses.
If the zoning was changed to Commercial, Mr. Gwynn would need to submit
a site plan and change the conformity. Mr. Gwynn stated in the event
that it will be used for parking, he will submit a site plan.
The public hearing was closed.
Ms. Brainerd moved for the adoption of Ordinance No. 45-88 on
Second and FINAL Reading, seconded by Ms. Horenburger. Upon roll call
the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger -
Yes; Ms. McCarty - Yes; Mr. Weatherspoon - No; Mayor Campbell - Yes.
Said motion passed with a 4 to 1 vote.
Before roll call the following discussion was had:
Upon question by Mr. Weatherspoon, Mr. Kovacs stated under the
RM-10 Zoning, Mr. Gwynn can apply for a conditional use for parking in
conjunction with adjacent commercial development. He can also apply for
professional type offices and, under Commercial use, he can open a
retail establishment. Mr. Kovacs predicted if zoning was proposed and
advertised to take the Commercial designation up the Avenue, there would
be much opposition.
At this point the roll was called to the motion.
18. Ordinance No. 46-88 - Annexing Enclave 27. Ordinance No.
46-88, annexing Enclave 27, consisting of two parcels totaling .18
acres, with a proposed zoning of GC and located at the northwest corner
of the intersection of N.E. 8th Street and N.E. 9th Avenue, is before
the Commission for consideration on Second and FINAL Reading. Prior to
consideration of passage of this ordinance on Second and FINAL Reading,
a public hearing has been scheduled to be held at this time.
The City Manager presented Ordinance No. 46-88:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRA¥
BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH THE
EAST 64.25 FEET OF LOT 10 (LESS THE SOUTH 10 FEET THERE-
OF) AND THE EAST 64.25 FEET OF LOT 11, TOGETHER WITH THE
WEST 2 FEET OF THE EAST HALF OF LOT 10 (LESS THE SOUTH 10
FEET THEREOF) AND THE WEST 2 FEET OF THE EAST HALF OF LOT
11, BLOCK 4, SOPHIA FREY SUBDIVISION, ADDITION TO DELRAY,
ACCORDING %0 THE PLAT THEREOF RECORDED IN PLAT BOOK 4,
PAGE 37, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL
LIMITS OF SAID CITY; SAID LAND IS LOCATED AT THE NORTH-
WEST CORNER OF THE INTERSECTION OF N.E. 8TH STREET AND
N.E. 9TH AVENUE; REDEFINING THE BOUNDARIES OF SAID CITY
TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND
OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING
THEREOF TO GC (GENERAL COMMERCIAL) DISTRICT; PROVIDING A
GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE;
PROVIDING AN EFFECTIVE DATE.
-10- 6/28/88
(Copy of Ordinance No. 46-88 is on file in the official Ordi-
nance Book)
Ms. Horenburger left the Commission Chambers at this time.
The Assistant City Attorney read the caption of the ordinance.
A public hearing was held having been legal%y advertised in compliance
with the laws of the State of Florida and the Charter of the City of
Delray Beach, Florida. The public hearing was closed.
Mr. Weatherspoon moved for the adoption of Ordinance No. 46-88
on Second Reading, seconded by Ms. Brainerd. Upon roll call the Commis-
sion voted as follows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr.
Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4
to 0 vote.
19. Ordinance No. 47-88 - Annexinq Enclave 28. Ordinance No..
47-88, Annexing Enclave 28, consisting of three parcels totaling .72
acres with a proposed zoning of GC and located between N.E. 9th and 10th
(Palm Trail) Avenues, directly north of N.E. 8th Street, is before the
Commission for consideration on Second and FINAL Reading. Prior to
consideration of passage of this ordinance on Second and FINAL Reading,
a public hearing has been scheduled to be held at this time.
The City Manager presented Ordinance No. 47-88:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOT
3, BLOCK 5, AND THE WEST HALF OF ABANDONED ALLEY LYING
EASTERLY AND ADJACENT TO LOT 3, BLOCK 5, TOGETHER WITH
LOT 10 (LESS THE SOUTH 8 FEET ROAD RIGHT-OF-WAY) AND LOTS
11 AND 12, AND THE EAST HALF OF THE ABANDONED ALLEY LYING
WEST OF LOTS 10, 11 AND 12 (LESS THE SOUTH 15 FEET
THEREOF), BLOCK 5, SOPHIA FREY SUBDIVISION, ADDITION TO
DELRAY, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT
BOOK 4, PAGE 37, OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING
MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS GENERALLY
LOCATED BETWEEN N.E. 9TH AVENUE AND N.E. 10TH AVENUE
(PALM TRAIL), DIRECTLY NORTH OF N.E. 8TH STREET; REDEFIN-
ING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND;
PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND;
PROVIDING FOR THE ZONING THEREOF TO GC (GENERAL COMMER-
CIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE;
PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
(Copy of Ordinance No. 47-88 is on file in. the official Ordi-
nance Book)
The Assistant City AttorneY read the caption of the ordinance.
A public hearing was held having been legally advertised in compliance
with the laws of the State of Florida and the Charter of the City of
Delray Beach, Florida. The public hearing was closed.
Mr. Weatherspoon moved for the adoption of Ordinance No. 47-88
on Second and FINAL Reading, seconded by Ms. McCartyo Upon roll call
the Commission voted as follows: Ms. Brainerd - Yes; Ms. McCarty - Yes;
Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a
4 to 0 vote.
20. Ordinance No. 48-88 - Annexing En~lave 30. Ordinance No.
48-88, annexing Enclave 30, a 1.3 acre parcel, with a proposed zoning of
GC and located at the southeast corner of N.E. 8th Street and N.E. 10th
Avenue (Palm Trail), is before the Commission for consideration on
Second and FINAL Reading. Prior to consideration of passage of this
ordinance on Second and FINAL Reading, a public hearing has been sched-
uled to be held at this time.
The City Manager presented Ordinance No. 48-88:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
-11- 6/28/88
BEACH, ~LORIDA, ANNEXING TO THE CITY OF DELRAY BEACH THE
EAST 256 FEET OF ALL THAT PART OF LOT 6 LYING EAST OF
MCGINLEY AND GOSMAN'S SUBDIVISION AND WEST OF THE INTRA-
COASTAL WATERWAY (LESS ROAD RIGHT-OF-WAY AND THE SOUTH
250 FEET THEREOF), LYING WITHIN SECTION 9, TOWNSHIP 46
SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXIST-
ING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED
AT THE SOUTHEAST CORNER OF N.E. 8TH STREET AND PALM TRAIL
(N.E. 10TH AVENUE); REDEFINING THE BOUNDARIES OF SAID
CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND
OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING
THEREOF TO GC (GENERAL COMMERCIAL) DISTRICT; PROVIDING A
GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE;
PROVIDING AN EFFECTIVE DATE.
(Copy of Ordinance No. 48-88 is on file in the official Ordi-
nance Book)
Ms. McCarty left the Commission Chambers at this time.
The Assistant City Attorney read the caption of the ordinance.
A public hearing was held having been legally advertised in compliance
with the laws of the State of Florida and the Charter of the City of
Delray Beach, Florida. The public hearing was closed.
Ms. Brainerd moved for the adoption of Ordinance No. 48-88 on
Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call
the Commission voted as follows: Ms. Brainerd - Yes; Mr. Weatherspoon -
Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 0 vote.
Ms. Horenburger returned to the Commission Chambers at this
time.
21. Ordinance No. 49-88 - Annexing Enclave 29. Ordinance No.
49-88, annexing Enclave 29, a 1.03 acre parcel, with a proposed zoning
of R-1AAA and located approximately 300 feet north of N.E. 8th Street,
east of the Intracoastal Waterway and west of Andrews Avenue, is before
the Commission for consideration on Second and FINAL Reading. Prior to
consideration of passage of this ordinance on Second and FINAL Reading,
a public hearing has been scheduled to be held at this time.
The City Manager presented Ordinance No. 49-88:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A
PARCEL OF LAND LYING AND BEING IN SECTION 9, TOWNSHIP 46
SOUTH, RANGE 43 EAST, DELRAY BEACH, PALM BEACH COUNTY,
FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL
LIMITS OF SAID CITY; SAID LAND IS LOCATED APPROXIMATELY
300 FEET NORTH OF N.E. 8TH STREET, EAST OF THE INTRA-
COASTAL WATERWAY AND WEST OF ANDREWS AVENUE; REDEFINING
THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVID-
ING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVID-
ING FOR THE ZONING THEREOF TO R-1AAA (SINGLE FAMILY
DWELLING) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE;
PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
(Copy of Ordinance No. 49-88 is on file in the official Ordi-
nance Book)
The Assistant City Attorney read the caption of the ordinance.
A public hearing was held having been legally advertised in compliance
with the laws of the State of Florida and the Charter of the City of
Delray Beach, Florida. The public hearing was closed.
Ms. Horenburger moved for the adoption of Ordinance No. 49-88
on Second and FINAL Reading, seconded by Ms. Brainerd. Upon roll call
the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger -
Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed
with a 4 to 0 vote.
-12- 6/28/88
22. Ordinance No. 50-88 - Annexing Enclave 3lA. Ordinance No.
50-88, annexing Enclave 3lA (North), consisting of 3 parcels, (contain-
ing approximately 90 individual ownerships), with proposed zonings of
LI, CF and R-lA and generally located north of Linton Boulevard, south
of S.W. 10th Street, east of 1-95 and west of S.W. 8th Avenue, is before
the Commission for consideration on Second and FINAL Reading. Prior to
consideration of passage of this ordinance on Second and FINAL Reading,
a public hearing has been scheduled to be held at this time.
The City Manager presented Ordinance No. 50-88:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH
THREE PARCELS OF LAND LYING AND BEING IN SECTION 20,
TOWNSHIP 46 SOUTH, RANGE 43 EAST, DELRAY BEACH, PALM
BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO
EXISTING ~UNICIPAL LIMITS OF SAID CITY; SAID LAND IS
GENERALLY LOCATED NORTH OF LINTON BOULEVARD, SOUTH OF
S.W. 10TH STREET, EAST OF INTERSTATE-95, AND WEST OF S.W.
8TH AVENUE; REDEFINING THE BOUNDARIES OF SAID CITY TO
INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGA-
TIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO
LI (LIGHT INDUSTRIAL) DISTRICT, IN PART, CF (COMMUNITY
FACILITIES) DISTRICT, IN PART, AND R-lA (SINGLE FAMILY
DWELLING) DISTRICT, IN PART; PROVIDING A GENERAL REPEALER
CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE
DATE.
(Copy of Ordinance No. 50-88 is on file in the official Ordi-
nance Book)
The Assistant City Attorney read the caption of the ordinance.
A public hearing was held having been legally advertised in compliance
with the laws of the State of Florida and the Charter of the City of
Delray Beach, Florida. The public hearing was closed.
Mr. Weatherspoon moved for the adoption of Ordinance No. 50-88
on Second and FINAL Reading, seconded by Ms. Brainerd. Upon roll call
the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger -
Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed
with a 4 to 0 vote.
23. Ordinance No. 51-88 - Annexing Enclave 33. Ordinance No.
51-88, annexing Enclave 33, consisting of three parcels totaling .71
acres with a proposed zoning of R-lA and located at the southwest corner
of SoW. 8th Avenue and Ella Street, is before the Commission for consid-
eration on Second and FINAL Reading. Prior to consideration of passage
of this ordinance on second and FINAL Reading, a public hearing has been
scheduled to be held at this time.
The City Manager presented Ordinance No. 51-88:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOTS
1, 2 AND 3, BLOCK 17, SOUTHRIDGE SUBDIVISION, PLAT 2 OF
2, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK
13, PAGE 39, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL
LIMITS OF SAID CITY; SAID LAND IS LOCATED AT THE SOUTH-
WEST CORNER OF S.W. 8TH AVENUE AND ELLA STREET; REDEFIN-
ING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND;
PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND;
PROVIDING FOR THE ZONING THEREOF TO R-lA (SINGLE FAMILY
DWELLING) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE;
PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
(Copy of Ordinance No. 51-88 is on file in the official Ordi-
nance Book)
The Assistant City Attorney read the caption of the ordinance.
A public hearing was held having been legally advertised in compliance
-13- 6/28/88
with the laws of the State of Florida and the Charter of the City of
Delray Beach, Florida. The public hearing was closed.
Mr. Weatherspoon moved for the adoption of Ordinance No. 51-88
on Second and FINAL Reading, seconded by Ms. Brainerd. Upon roll call
the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger -
Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed
with a 4 to 0 vote.
Ms. McCarty returned to the Commission Chambers at this time.
24. Ordinance No. 52-88 - Annexing Enclave 3lA South. Ordinance
No. 52-88, annexing Enclave 3lA (South), with a proposed zoning of R-lA
and located on the east side of Germantown Road, between Linton Boule-
vard and Milfred Street if extended eastward, is before the Commission
for consideration on Second and FINAL Reading.
The City Manager presented Ordinance No. 52-88:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOTS
1 THROUGH 15, INCLUSIVE, SANDS O'SEA, ACCORDING TO THE
PLAT THEREOF RECORDED IN PLAT BOOK 21, PAGE 27, OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, WHICH LAND
IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY;
SAID LAND IS LOCATED ON THE EAST SIDE OF GERMANTOWN ROAD,
BETWEEN LINTON BOULEVARD AND MILFRED STREET, IF EXTENDED
EASTWARD; REDEFINING THE BOUNDARIES OF SAID CITY TO
INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGA-
TIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO
R-lA (SINGLE FAMILY DWELLING) DISTRICT; PROVIDING A
GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE;
PROVIDING AN EFFECTIVE DATE.
(Copy of Ordinance No. 52-88 is on file in the official Ordi-
nance Book)
The Assistant City Attorney read the caption of the ordinance.
A public hearing was held having been legally advertised in compliance
with the laws of the State of Florida and the Charter of the City of
Delray Beach, Florida. The public hearing was closed.
Ms. Brainerd moved for the adoption of Ordinance No. 52-88 on
Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call
the Commission voted as follows: Ms. Brainerd - Yes; Ms..Horenburger -
Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes.
Said motion passed with a 5 to 0 vote.
25. Ordinance No. 53-88. Ordinance No. 53-88, a voluntary annexa-
tion of a .59 acre parcel with a proposed zoning of GC and located at
the southwest corner of Federal Highway and the C-15 Canal, (A&R Larson,
Inc.) is before the Commission for consideration on First Reading. If
passed, Second Reading will be held July 12th. Prior to consideration
of passage of this ordinance on First Reading, a public hearing has been
scheduled to be held at this time.
The City Manager presented Ordinance No. 53-88:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A
PARCEL OF LAND LYING AND BEING IN SECTION 32, TOWNSHIP 46
SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, WHICH
LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID
CITY; SAID LAND IS LOCATED AT THE NORTHWEST CORNER OF
FEDERAL HIGHWAY AND THE C-15 CANAL; REDEFINING THE
BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING
FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING
FOR THE ZONING THEREOF TO GC (GENERAL COMMERCIAL) DIS-
TRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A
SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
The Assistant City Attorney read the caption of the ordinance.
A public hearing was held having been legally advertised in compliance
-14- 6/28/88
with the laws of the State of Florida and the Charter of the City of
Delray Beach, Florida. The public hearing was closed.
Ms. Brainerd moved for the adoption of Ordinance No. 53-88 on
First Reading, seconded by Ms. McCarty. Upon roll call the Commission
voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty
- Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed
with a 5 to 0 vote.
26. Ordinance No. 54-88. Ordinance No. 54-88, annexing the balance
of Enclave 55, consisting of six parcels totaling 27.55 acres located on
the west side of Federal Highway between the C-15 Canal and Lindell
Boulevard with an initial zoning of GC, is before the Commission for
consideration on First Reading. If passed, Second Reading will be held
July 12th. Prior to consideration of passage of this ordinance on First
Reading, a public hearing has been scheduled to be held at this time.
The City Manager presented Ordinance No. 54-88:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH THAT
PART OF THE SOUTH 100 FEET OF THE NORTH 400 FEET OF LOT 8
LYING WEST OF U.S. HIGHWAY NO. 1 AND EAST OF THE PLAT OF
DEL-RATON PARK AS IN OFFICIAL RECORD BOOK 868, PAGE 803,
PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO
EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS
LOCATED ON THE WEST SIDE OF U.S. HIGHWAY NO. 1, BETWEEN
THE C-15 CANAL AND LINDELL BOULEVARD; REDEFINING THE
BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING
FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING
FOR THE ZONING THEREOF TO GC (GENERAL COMMERCIAL) DIS-
TRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A
SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
The Assistant City Attorney read the caption of the ordinance.
A public hearing was held having been legally advertised in compliance
with the laws of the State of Florida and the Charter of the City of
Delray Beach, Florida. The public hearing was closed.
Mr. Weatherspoon moved for the adoption of Ordinance No. 54-88
on First Reading, seconded by Ms. Brainerd. Upon roll call the Commis-
sion voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms.
McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said
motion passed with a 5 to 0 vote.
27. Ordinance No. 55-88. Ordinance No. 55-88, a voluntary annexa-
tion of a 5.72 acre parcel located at the southeast corner of Linton
Boulevard and S.W. 4th Avenue, between S.W. 4th Avenue and the F.E.C.
Railroad, with an initial zoning of GC, is before the Commission for
consideration on First Reading. If passed, Second Reading will be held
July 12th. Prior to consideration of passage of this ordinance on First
Reading, a public hearing has been scheduled to be held at this time.
The City Manager presented Ordinance No. 55-88:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A
PARCEL OF LAND LYING AND BEING IN SECTION 29, TOWNSHIP 46
SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, WHICH
LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID
CITY; SAID LAND IS LOCATED AT THE SOUTHEAST CORNER OF
LINTON BOULEVARD AND S.W. 4TH AVENUE, BETWEEN S.W. 4TH
AVENUE AND THE F.E.C. RAILROAD; REDEFINING THE BOUNDARIES
OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE
RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE
ZONING THEREOF TO GC (GENERAL COMMERCIAL) DISTRICT;
PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING
CLAUSE; PROVIDING AN EFFECTIVE DATE.
The City Attorney read the caption of the ordinance. A public
hearing was held having been legally advertised in compliance with the
-15- 6/28/88
laws of the State of Florida and the Charter of the City of Delray
Beach, Florida. The public hearing was closed.
Mr. Weatherspoon moved for the adoption of Ordinance No. 55-88
on First Reading, seconded by Ms. McCarty. Upon roll call the Commis-
sion voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms.
McCarty - Yes; Mr. Weatherspoon - Yes; M~yor Campbell - Yes. Said
motion passed with a 5 to 0 vote.
Before roll call the following discussion was had:
Ms.McCarty questioned at what time the two billboards on this
property will be removed. Mr. Kovacs stated there is a provision in
several of the City documents that billboards will be removed upon
annexation along with the water service agreement. In this case, the
applicant has agreed to removal when other billboards come down or at
such time as the Commission decides. Assistant City Attorney Kurtz
advised there are two sign categories and staff will respond to the
Commission when this item returns to the Commission for Second and FINAL
Reading.
At this point the roll was called to the motion.
ANNEXATIONS FIRST READINGS - REGULAR AGENDA
36. Ordinance No. 62-88. Ordinance No. 62-88, annexing Enclave
3lB, with a proposed zoning of R-lA, located on the west side of S.W.
4th Avenue between Linton Boulevard and S.W. 10th Street and lying east
of Germantown Road, is before the Commission for consideration on First
Reading. If passed, Second Reading and Public Hearing will be held July
26th.
The City Manager presented Ordinance No. 62-88:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH TWO
PARCELS OF LAND LYING AND BEING IN SECTION 20, TOWNSHIP
46 SOUTH, RANGE 43 EAST, DELRAY BEACH, PALM BEACH COUNTY,
FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL
LIMITS OF SAID CITY; SAID LAND IS GENERALLY LOCATED ON
THE WEST SIDE OF S.W. 4TH AVENUE, BETWEEN LINTON BOULE-
VARD AND S.W. 10TH STREET, AND LYING EAST OF GERMANTOWN
ROAD; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE
SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF
SAID LAND; PROVIDING FOR THE ZONING THEREOF TO R-lA
(SINGLE FAMILY DWELLING) DISTRICT, IN PART AND RH (MEDIUM
HIGH TO HIGH DENSITY DWELLING) DISTRICT, IN PART; PROVID-
ING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE;~
PROVIDING AN EFFECTIVE DATE.
The Assistant City Attorney read the caption of the ordinance.
Mr. Weatherspoon moved for the adoption of Ordinance No. 62-88
on First Reading, seconded by Ms. Brainerd. Upon roll call the Commis-
sion voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms.
McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said
motion passed with a 5 to 0 vote.
37. Ordinance No. 63-88. Ordinance No. 63-88, annexing Enclave 32,
a 9.3 acre parcel located at the southwest corner of the intersection of
S.W. 10th Street and S.W. 4th Avenue, with an initial zoning of CF, is
before the Commission for consideration on First Reading. If passed,
Second Reading and Public Hearing will be held July 26th.
The City Manager presented Ordinance No. 63-88:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH THE
EAST HALF OF LOT 5 (LESS THE NORTH 25 FEET THEREOF AS
ROAD RIGHT-OF-WAY) OF SECTION 20, TOWNSHIP 46 SOUTH,
RANGE 43 EAST, DELRAY BEACH, PALM BEACH COUNTY, FLORIDA,
WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF
-16- 6/28/88
SAID CITY; SAID LAND IS LOCATED AT THE SOUTHWEST CORNER
OF THE INTERSECTION OF S.W. 10TH STREET AND S.W. 4TH
AVENUE; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE
SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF
SAID LAND; PROVIDING FOR THE ZONING THEREOF TO CF (COMMU-
NITY FACILITIES) DISTRICT; PROVIDING A GENERAL REPEALER
CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE
DATE.
The Assistant City Attorney read the caption of the ordinance.
Ms. Brainerd moved for the adoption of Ordinance No. 63-88 on
First Reading, seconded by Mr. Weatherspoon. Upon roll call the Commis-
sion voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms.
McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said
motion passed with a 5 to 0 vote.
38. Ordinance No. 64-88. Ordinance No. 64-88, annexing Enclave 38,
a 4.09 acre parcel located between U.S. Highway No. 1 and the
Intracoastal Waterway, south of S.E. 10th Street, with a proposed zoning
of CF, is before the Commission for consideration on First Reading. If
passed, Second Reading and Public Hearing will be held July 26th.
The City Manager presented Ordinance No. 64-88:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A
PARCEL OF LAND LYING AND BEING IN SECTION 21, TOWNSHIP 46
SOUTH, RANGE 43 EAST, DELRAY BEACH, PALM BEACH COUNTY,
FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL
LIMITS OF SAID CITY; SAID LAND IS LOCATED BETWEEN U.S.
HIGHWAY NO. 1 AND THE INTRACOASTAL WATERWAY, APPROXIMATE-
LY 660 FEET SOUTH OF S.E. 10TH STREET; REDEFINING THE
BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING
FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING
FOR THE ZONING THEREOF TO CF (COMMUNITY FACILITIES)
DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING
A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
The Assistant City Attorney read the caption of the ordinance.
Ms. Brainerd moved for the adoption of Ordinance No. 64-88 on
First Reading, seconded by Mr. Weatherspoon. Upon roll call the Commis-
sion voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms.
McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said
motion passed with a 5 to 0 vote.
Ms. McCarty left the Commission Chambers at this time.
39. Ordinance No. 65-88. Ordinance No. 65-88, annexing Enclave 39,
a .27 acre parcel located on the south side of Brooks Lane lying east of
and adjacent to the Intracoastal Waterway, with a proposed zoning of
R-1AA, is before the Commission for consideration on First Reading. If
passed, Second Reading and Public Hearing will be held July 26th.
The City Manager presented Ordinance No. 65-88:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOT
48, DELRAY BEACH SHORES, A SUBDIVISION AS RECORDED IN
PLAT BOOK 23, PAGE 167, IN THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO
EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS
LOCATED ON THE SOUTH SIDE OF BROOKS LANE, AT THE WEST END
OF SAID STREET, LYING EAST OF AND ADJACENT TO THE INTRA-
COASTAL WATERWAY; REDEFINING THE BOUNDARIES OF SAID CITY
TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND
OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING
THEREOF TO R-1AA (SINGLE FAMILY DWELLING) DISTRICT;
PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING
CLAUSE; PROVIDING AN EFFECTIVE DATE.
-17- 6/28/88
The Assistant City Attorney read the caption of the ordinance.
Mr. Weatherspoon moved for the adoption of Ordinance No. 65-88
on First Reading, seconded by Ms. Brainerd. Upon roll call the Commis-
sion voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Mr.
Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4
to 0 vote.
40. Ordinance No. 66-88. Ordinance No. 66-88, annexing Enclave 42,
consisting of three parcels totaling 3.09 acres, located at Linton and
Ocean Boulevard, with a proposed zoning of RH, is before the Commission
for consideration on First Reading. If passed, Second Reading and
Public Hearing will be held July 26th.
The City Manager presented Ordinance No. 66-88:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A
PARCEL OF LAND LYING AND BEING IN SECTION 21, IN PART,
AND SECTION 28, IN PART, TOWNSHIP 46 SOUTH, RANGE 43
EAST, PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGU-
OUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND
IS LOCATED DIRECTLY EAST OF THE INTERSECTION OF STATE
ROAD A1A AND LINTON BOULEVARD, BETWEEN STATE ROAD A1A AND
THE ATLANTIC OCEAN; REDEFINING THE BOUNDARIES OF SAID
CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND
OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING
THEREOF TO RM-15 (MULTIPLE FAMILY DWELLING) DISTRICT;
PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING
CLAUSE; PROVIDING AN EFFECTIVE DATE.
The Assistant City Attorney read the caption of the ordinance.
Ms. Brainerd moved for the adoption of Ordinance No. 66-88 on
First Reading, seconded by Mr. Weatherspoon. Upon roll call the Commis-
sion voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Mr.
Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4
to 0 vote.
Ms. McCarty returned to the Commission Chambers at this time.
41. Ordinance No. 67-88. Ordinance No. 67-88, annexing Enclave 46,
60~sisting of two parcels totaling 2.7 acres located east of the inter-
section of Del-Harbour Drive and State Road A1A, between State Road A1A
and the Atlantic Ocean and with a proposed zoning of RM-15, is before
the Commission for consideration on First Reading. If passed, Second
Reading and Public Hearing will be held July 26th.
The City Manager presented Ordinance No. 67-88:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A
PARCEL OF LAND LYING AND BEING IN SECTION 28, TOWNSHIP 46
SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, WHICH
LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID
CITY; SAID LAND IS LOCATED DIRECTLY EAST OF THE INTER-
SECTION OF DEL-HARBOUR DRIVE AND STATE ROAD A1A, BETWEEN
STATE ROAD A1A AND THE ATLANTIC OCEAN; REDEFINING THE
BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING
FOR THE RIGHTS AND OBLIGATIONS OF SAID LANE; PROVIDING
FOR THE ZONING THEREOF TO RM-15 (MULTIPLE FAMILY DWELL-
ING) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE;
PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
The Assistant City Attorney read the caption of the ordinance.
Mr. Weatherspoon moved for the adoption of Ordinance No. 67-88
on First Reading, seconded by Ms. Brainerd. Upon roll call the Commis-
sion voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms.
McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said
motion passed with a 5 to 0 vote.
-18- 6/28/88
42. Ordinance No. 68-88. Ordinance No. 68-88, annexing Enclave 47,
consisting of a six foot wide strip of land totaling .06 acres located
approximately 1/4 mile south of Linton Boulevard between Ocean Boulevard
and the beach, with a proposed zoning of RM-15, is before the Commission
for consideration on First Reading. If passed, Second Reading and
Public Hearing will be held July 26th.
The City Manager presented Ordinance No. 68-88:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A
PARCEL OF LAND LYING AND BEING IN SECTION 28, TOWNSHIP 46
SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, WHICH
LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID
CITY; SAID LAND IS LOCATED BETWEEN STATE ROAD A1A AND THE
ATLANTIC OCEAN, APPROXIMATELY 1,470 FEET SOUTH OF THE
INTERSECTION OF LINTON BOULEVARD AND STATE ROAD A1A;
REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID
LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID
LAND; PROVIDING FOR THE ZONING THEREOF TO RM-15 (MULTIPLE
FAMILY DWELLING) DISTRICT; PROVIDING A GENERAL REPEALER
CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE
DATE.
The Assistant City Attorney read the caption of the ordinance.
Ms. Brainerd moved for the adoption of Ordinance No. 68-88 on
First Reading, seconded by Ms. McCartyo Upon roll call the Commission
voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty
- Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed
with a 5 to 0 vote.
43. Ordinance No. 69-88. Ordinance No. 69-88, annexing Enclave 48,
consisting of three parcels totaling 1.07 acres located approximately
1/4 mile south of Linton Boulevard along the west side of Ocean Boule-
vard with a proposed zoning of RM-15, is before the Commission for
consideration on First Reading. If passed, Second Reading and Public
Hearing will be held July 26th.
The City Manager presented Ordinance No. 69-88:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A
PARCEL OF LAND LYING AND BEING IN SECTION 28, TOWNSHIP 46
SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, WHICH
LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID
CITY; SAID LAND IS LOCATED BETWEEN THE INTRACOASTAL
WATERWAY AND STATE ROAD A1A, APPROXIMATELY 1,470 FEET
SOUTH OF THE INTERSECTION OF LINTON'BOULEVARD AND STATE
ROAD A1A; REDEFINING THE BOUNDARIES OF SAID CITY TO
INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGA-
TIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO
RM-15 (MULTIPLE FAMILY DWELLING) DISTRICT; PROVIDING A
GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE;
PROVIDING AN EFFECTIVE DATE.
The City Attorney read the caption of the ordinance.
Ms. Horenburger moved for the adoption of Ordinance No. 69-88
on First Reading, seconded by Mr. Weatherspoon. Upon roll call the
Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes;
Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said
motion passed with a 5 to 0 vote.
45. Ordinance No. 71-88. Ordinance No. 71-88, annexing Enclave 44,
~onsisting of two parcels totaling °29 acres located on the west side of
U.S. Highway No. 1 approximately 100 feet south of the intersection of
Linton Boulevard and U.S. Highway No. 1, with a proposed zoning of SC,
is before the Commission for consideration on First Reading. If passed,
Second Reading and Public Hearing will be held July 26th.
The City Manager presented Ordinance No. 71-88:
-19- 6/28/88
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A
PARCEL OF LAND LYING AND BEING IN SECTION 28, TOWNSHIP 46
SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, WHICH
LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID
CITY; SAID LAND IS LOCATED ON THE WEST SIDE OF U.S.
HIGHWAY NO. 1, APPROXIMATELY 100 FEET SOUTH OF THE
INTERSECTION OF LINTON BOULEVARD AND U.S. HIGHWAY NO. 1;
REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID
LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID
LAND; PROVIDING FOR THE ZONING THEREOF TO SC (SPECIALIZED
COMMERCIAL) DISTRICT; PROVIDING A GENERAL REPEALER
CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE
DATE.
The Assistant City Attorney read the caption of the ordinance.
Mr. Weatherspoon moved for the adoption of Ordinance No. 71-88
on First Reading, seconded by Ms. Brainerd. Upon roll call the Commis-
sion voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms.
McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said
motion passed with a 5 to 0 vote.
46. Ordinance No. 72-88. Ordinance No. 72-88, annexing Enclave 45,
a 1.01 acre parcel located at the northeast corner of U.S. Highway No. 1
and Avenue "A", with a proposed zoning of GC, is before the Commission
for consideration on First Reading. If passed, Second Reading and
Public Hearing will be held July 26th.
The City Manager presented Ordinance No. 72-88:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOTS
1 THROUGH 6, INCLUSIVE (LESS ROAD RIGHT-OF-WAY), LOTS 7
THROUGH 13, INCLUSIVE, AND ABANDONED AVENUE "A" LYING
SOUTH OF AND ADJACENT TO LOTS 6 THROUGH 12, INCLUSIVE,
BLOCK 38, DEL-RATON PARK, ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 14, PAGE 9, PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO
EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS
LOCATED AT THE NORTHEAST CORNER OF U.S. HIGHWAY NO. 1 AND
AVENUE "A"; REDEFINING THE BOUNDARIES OF SAID CITY TO
INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGA-
TIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO
GC (GENERAL COMMERCIAL) DISTRICT; PROVIDING A GENERAL
REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN
EFFECTIVE DATE.
The Assistant City Attorney read the caption of the ordinance.
Mr. Weatherspoon moved for the adoption of Ordinance No. 72-88
on First Reading, seconded by Ms. McCarty. Upon roll call the Commis-
sion voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms.
McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said
motion passed with a 5 to 0 vote.
Before roll call the following discussion was had:
Michael Botos, representing the owner William Chamberlain,
stated he is objecting to the passage of Ordinance No. 72-88, for
various reasons he enumerated at last night's P&Z Board meeting. Mayor
Campbell stated there will be further comment at the formal public
hearing of July 26th.
At this time the roll was called to the motion.
47. Ordinance No. 73-88. Ordinance No. 73-88, annexing Enclave 58,
a 29.19 acre parcel located on the west side of Davis Road between the
L-38 Canal and Rainberry Estates, with a proposed zoning of ART, is
before the Commission for consideration on First Reading. If passed,
Second Reading and Public Hearing will be held July 26th.
-20- 6/28/88
The City Manager presented Ordinance No. 73-88:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A
PARCEL OF LAND LYING AND BEING IN SECTION 7, TOWNSHIP 46
SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, WHICH
LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID
CITY; SAID LAND IS LOCATED ON THE WEST SIDE OF DAVIS
ROAD, BETWEEN THE L-38 CANAL AND RAINBERRY ESTATES;
REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID
LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID
LAND; PROVIDING FOR THE ZONING THEREOF TO ART (AGRICUL-
TURAL RESIDENTIAL TRANSITIONAL) DISTRICT; PROVIDING A
GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE;
PROVIDING AN EFFECTIVE DATE.
The City Attorney read the caption of the ordinance.
Mr. Weatherspoon moved for the adoption of Ordinance No. 73-88
on First Reading, seconded by Ms. Brainerd. Upon roll call the Commis-
sion voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms.
McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said
motion passed with a 5 to 0 vote.
44. Ordinance No. 70-88. Assistant City Attorney Kurtz advised
that since Ordinance No. 70-88 (Item No. 44) failed, it will be neces-
sary to go through the entire process again. It will be appropriate for
the Commission to make a motion to reconsider the item, giving Mr.
Kovacs and the City Attorney's office time to confer and make an admin-
istrative decision whether or not to bring it back to the Commission.
The City Manager stated Staff is proposing that Enclave 43 be
annexed and that an initial designation of R-1AA be attached and a
Second Reading be scheduled for July 26th.
Ms. Horenburger moved to reconsider Item No. 44, seconded by
Ms. Brainerd. Upon roll call the Commission voted as follows: Ms.
Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr.
Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5
to 0 vote.
The City Manager presented Ordinance No. 70-88 as amended:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A
PARCEL OF LAND LYING AND BEING IN SECTION 28, TowNsHIP 46
SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, WHICH
LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID
CITY; SAID LAND IS LOCATED ON THE WEST SIDE OF THE
INTRACOASTAL WATERWAY, BETWEEN LINTON BOULEVARD AND
MCCLEARY STREET; REDEFINING THE BOUNDARIES OF SAID CITY
TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND
OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING
THEREOF TO R-1AA (SINGLE FAMILY DWELLING) DISTRICT;
PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING
CLAUSE; PROVIDING AN EFFECTIVE DATE.
The Assistant City Attorney read the caption of the ordinance.
Mr. Weatherspoon moved for the adoption of Ordinance 70-88, as
amended on First Reading, seconded by Ms. Brainerd. Upon roll call the
Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes;
Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said
motion passed with a 5 to 0 vote.
PUBLIC HEARING - CONTINUED
28. Ordinance No. 56-88. Ordinance No. 56-88, amending the City
Charter to reflect a change in the name designation of the legislative
body of the City from City Council to City Commission and of City
Council members to City Commissioners, in addition to being a companion
ordinance to the ordinance recodifying the City's Code of Ordinances, is
-21- 6/28/88
before the Commission for consideration on Second and FINAL Reading.
Prior to consideration of passage of this ordinance on Second and FINAL
Reading, a public hearing has been scheduled to be held at this time.
The City Manager presented Ordinance No. 56-88:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO THE AUTHORITY OF THE CITY
CHARTER OF THE CITY OF DELRAY BEACH, FLORIDA, AND CHAPTER
166, FLORIDA STATUTES, AMENDING THE CITY CHARTER TO
REFLECT AND CHANGE THE NAME DESIGNATION OF THE LEGISLA-
TIVE BODY OF THE CITY FROM CITY COUNCIL TO CITY COMMIS-
SION AND OF CITY COUNCIL MEMBERS TO CITY COMMISSIONERS;
PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
(Copy of Ordinance No. 56-88 is on file in the official Ordi-
nance Book)
The Assistant City Attorney read the caption of the ordinance.
A public hearing was held having been legally advertised in compliance
with the laws of the State of Florida and the Charter of the City of
Delray Beach, Florida. The public hearing was closed.
Ms. Brainerd moved for the adoption of Ordinance No. 56-88-on
Second and FINAL Reading, seconded by Ms. McCarty. Upon roll call the
Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes;
Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said
motion passed with a 5 to 0 vote.
29. Ordinance No. 57-88. Ordinance No. 57-88, adopting the CRA
Plan and Land Use Map, with exceptions, making it a part of the City's
Comprehensive Plan, is before the Commission for consideration on First
Reading. Prior to consideration of passage of this ordinance on First
Reading, a public hearing has been scheduled to be held at this time.
If passed, Second Reading will be held July 12th.
The City Manager presented Ordinance No. 57-88:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ADOPTING THE COMMUNITY REDEVELOPMENT PLAN
AS AN AMENDMENT TO THE COMPREHENSIVE PLAN OF THE CITY OF
DELRAY BEACH, FLORIDA; PROVIDING FOR THE COMMUNITY
REDEVELOPMENT PLAN LAND USE MAP TO SUPERSEDE THE LAND USE
MAP, DELRAY BEACH, FLORIDA, AS CURRENTLY CONTAINED WITHIN
THE COMPREHENSIVE PLAN, FOR THE AREA ENCOMPASSED BY THE
COMMUNITY REDEVELOPMENT PLAN, WITH CERTAIN EXCEPTIONS;
PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING
CLAUSE; PROVIDING AN EFFECTIVE DATE.
The Assistant City Attorney read the caption of the ordinance.
A public hearing was held having been legally advertised in compliance
with the laws of the State of Florida and the Charter of the City of
Delray Beach, Florida. The public hearing was closed.
Ms. Brainerd moved for the adoption of Ordinance No. 57-88 on
First Reading, seconded by Ms. McCarty. Upon roll call the Commission
voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty
- Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed
with a 5 to 0 vote.
30. Ordinance No. u8-88 - (Auburn Trace). Ordinance No. 58-88,
Land Use Plan Amendment 88-1, amending the Land Use Map by changing 4.7
acres from SF to RM in order to allow the rezoning necessary to accommo-
date the Auburn Trace Project, and located west of the City Cemetery and
north of Carver Estates, is before the Commission for consideration on
First Reading. Prior to consideration of passage of this ordinance on
First Reading, a public hearing has been scheduled to be held at this
time. If passed, Second Reading will be held July 12th.
The City Manager presented Ordinance No. 58-88:
-22- 6/28/88
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, CHANGING THE CITY'S LAND USE PLAN DESIG-
NATION IN THE COMPREHENSIVE PLAN FOR A PARCEL OF LAND
LYING AND BEING IN SECTION 20, TOWNSHIP 46 SOUTH, RANGE
43 EAST, DELRAY BEACH, PALM BEACH COUNTY, FLORIDA,.
LOCATED ON THE WEST SIDE OF S.W. 10TH AVENUE, BETWEEN
S.W. 6TH STREET AND S.W. 7TH STREET, IF THESE ROADS ARE
EXTENDED WESTWARD, FROM SF (SINGLE FAMILY) TO RM (RESI-
DENTIAL MEDIUM TO MEDIUM HIGH); AMENDING THE LAND USE
PLAN; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A
SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
(Copy of Ordinance No. 58-88 is on file in the official Ordi-
nance Book)
The Assistant City Attorney read the caption of the ordinance.
A public hearing was held having been legally advertised in compliance
with the laws of the State of Florida and the Charter of the City of
Delray Beach, Florida.
Arthur Jackel, Chairman of United Property Owners, stated
everyone in the City agrees there is a need for affordable housing;
however, he feels it is essential for the Commission to keep a tight
rein on the public purse. He suggested the developer be asked to submit
another set of plans showing a lesser density or even have other devel-
opers present plans for review.
Leonard Syrop, Vice-Chairman of Delray Beach Housing Authority,
stated at the last Commission meeting there was discussion relative to
bringing the Catherine Strong acreage into this proposal, selling it to
the developer, who would then lease it back to the City for $1 a year,
which he feels does nothing for the density of the houses to be built
there. It is his understanding the houses built by Procacci are to be
rentals. While attending Visions 2000, a policy statement issued by FAU
indicated the City should encourage home ownership and development of
more middle income housing. They recommended emphasis should be placed
on single family dwellings. At the start of this project, he questioned
the lack of bids and was told there were no other developers interested.
He has since learned there were, in fact, other developers who were
interested. He is aware the housing is needed desperately, but request-
ed that the Commission do it right.
The public hearing was closed.
Mr. Weatherspoon moved for the adoption of Ordinance No. 58-88
on First Reading, seconded by Ms. Brainerd. Upon roll call the Commis-
sion voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms.
McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said
motion passed with a 5 to 0 vote.
31. Ordinance No. 59-88. Ordinance No. 59-88, amending the Zoning
Code relative to definition of frontage, is before the Commission for
consideration on First Reading. Prior to consideration of passage of
this ordinance on First Reading, a public hearing has been scheduled to
be held at this time. If passed, Second Reading will be held July 12th.
The City Manager presented Ordinance No. 59-88:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 30, "ZONING", OF THE
CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA,
BY AMENDING SECTION 30-1, "DEFINITIONS", BY AMENDING
SUBSECTION 40, "FRONTAGE", TO ELIMINATE THE POSSIBILITY
THAT A PROPERTY LINE ADJACENT TO A PUBLIC STREET WHICH
HAS A LIMITED ACCESS EASEMENT RUNNING ACROSS IT, WOULD BE
CONSIDERED FRONTAGE LINE OF THE LOT; PROVIDING A GENERAL
REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN
EFFECTIVE DATE.
The Assistant City Attorney read the caption of the ordinance.
A public hearing was held having been legally advertised in compliance
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with the laws of the State of Florida and the Charter of the City of
Delray Beach, Florida. The public hearing was closed.
Mr. Weatherspoon moved for the adoption of Ordinance No. 59-88
on First Reading, seconded by Ms. McCarty. Upon roll call the Commis-
sion voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms.
McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said
motion passed with a 5 to 0 vote.
32. Ordinance No. 60-88. Ordinance No. 60-88, amending the Zoning
Code to provide for a time period for validity of site plan and condi-
tional use approvals and to address the changes regarding "improvements"
and "due diligence", is before the Commission for consideration on First
Reading. Prior to consideration of passage of this ordinance on First
Reading, a public hearing has been scheduled to be held at this time.
If passed, Second Reading will be held July 12th.
The City Manager presented Ordinance No. 60-88:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 30, "ZONING", OF THE
CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA,
BY AMENDING SECTION 30-21, "CONDITIONAL USES", SUBSECTION
(E), "CONDITIONAL USE APPROVAL - TIME LIMITATION", BY
REPEALING SUBPARAGRAPH (1) IN ITS ENTIRETY AND ENACTING A
NEW SUBPARAGRAPH (1) RELATIVE TO THE ESTABLISHMENT OF AN
AUTOMATIC TIME LIMITATION ON THE APPROVAL OF A CON-
DITIONAL USE, AND PROVIDING FOR THE CRITERIA UNDER WHICH
A CONDITIONAL USE SHALL BE DEEMED ESTABLISHED; BY FURTHER
AMENDING SUBSECTION (E), "CONDITIONAL USE APPROVAL - TIME
LIMITATION", BY AMENDING SUBPARAGRAPH (2) (c) (2) BY ADDING
A PROVISION THAT AS A PART OF THE REVIEW AND APPROVAL
PROCESS, A CONDITIONAL USE REQUEST SHALL BE ASSESSED WITH
REGARD TO THE THEN CURRENT DEVELOPMENT REGULATIONS OF THE
CITY AND SHALL COMPLY WITH SUCH CURRENT REQUIREMENTS; BY
FURTHER AMENDING SUBSECTION (E), "CONDITIONAL USE APPROV-
AL - TIME LIMITATION", BY ENACTING A NEW SUBPARAGRAPH (3)
TO PROVIDE FOR AN EXPIRATION DATE ON CONDITIONAL USES
HAVING BEEN APPROVED WITHOUT A TIME LIMITATION, UNLESS A
REQUEST FOR EXTENSION IS PROPERLY SUBMITTED TO THE
PLANNING DIRECTOR; BY AMENDING SECTION 30-22, "SITE AND
DEVELOPMENT PLAN APPROVAL", SUBSECTION (E), "SITE AND
DEVELOPMENT PLAN APPROVAL - TIME LIMITATION", BY REPEAL-
ING SUBPARAGRAPH (1) IN ITS ENTIRETY AND ENACTING A NEW
SUBPARAGRAPH (1) RELATIVE TO THE ESTABLISHMENT OF AN
AUTOMATIC TIME LIMITATION ON THE APPROVAL OF A SITE AND
DEVELOPMENT PLAN, AND PROVIDING FOR THE CRITERIA UNDER
WHICH A SITE AND DEVELOPMENT PLAN SHALL BE DEEMED ESTAB-
LISHED; BY FURTHER AMENDING SUBSECTION (E), "SITE AND
DEVELOPMENT PLAN APPROVAL - TIME LIMITATION", BY AMENDING
SUBPARAGRAPH (2) (c) (2) BY ADDING A PROVISION THAT AS A
PART OF THE REVIEW AND APPROVAL PROCESS, A SITE AND
DEVELOPMENT PLAN REQUEST SHALL BE ASSESSED WITH REGARD TO
THE THEN CURRENT DEVELOPMENT REGULATIONS OF THE CITY AND
SHALL COMPLY WITH SUCH CURRENT REQUIREMENTS; BY FURTHER
AMENDING SUBSECTION (E), "SITE AND DEVELOPMENT PLAN
APPROVAL - TIME LIMITATION", BY ENACTING A NEW SUB-
PARAGRAPH (3) TO PROVIDE FOR AN EXPIRATION DATE ON SITE
AND DEVELOPMENT PLANS HAVING BEEN APPROVED WITHOUT A TIME
LIMITATION, UNLESS A REQUEST FOR EXTENSION IS PROPERLY
SUBMITTED TO THE PLANNING DIRECTOR; PROVIDING A GENERAL
REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN
EFFECTIVE DATE.
The Assistant City Attorney read the caption of the ordinance.
A public hearing was held having been legally advertised in compliance
with the laws of the State of Florida and the Charter of the City of
Delray Beach, Florida. The public hearing was closed.
Ms. Horenburger left the Commission Chambers at this time.
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Mr. Weatherspoon moved to continue Ordinance No. 60-88 to the
July 12th Regular Meeting, seconded by Ms. McCarty. Upon roll call the
Commission voted as follows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr.
Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4
to 0 vote.
REGULAR AGENDA
33. Resolution No. 36-88. Resolution No. 36-88, a refinancing
resolution only, authorizing up to $30 million dollars in refunding
revenue bonds, is before the Commission for consideration.
The City Manager presented Resolution No. 36-88:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AUTHORIZING THE ISSUANCE OF NOT EXCEEDING
$30,000,000 WATER AND SEWER REFUNDING REVENUE BONDS OF
THE CITY OF DELRAY BEACH, FLORIDA, FOR THE PURPOSE OF
REFUNDING ALL OR A PORTION OF THE CITY'S WATER AND SEWER
REVENUE BONDS, SERIES 1984; AND PROVIDING FOR THE TERMS
AND PAYMENT OF SAID WATER AND SEWER REFUNDING REVENUE
BONDS, AND THE RIGHTS, REMEDIES AND SECURITY OF THE
HOLDERS OF THE WATER AND SEWER REFUNDING REVENUE BONDS,
MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION
THEREWITH; AUTHORIZING THE PROPER OFFICIALS OF THE CITY
TO DO ALL OTHER THINGS DEEMED NECESSARY OR ADVISABLE IN
CONNECTION WITH THE ISSUANCE OF THE WATER AND SEWER
REFUNDING REVENUE BONDS; AND PROVIDING FOR AN EFFECTIVE
DATE.
(Copy of Resolution No. 36-88 is on file in the official
Resolution Book)
Stephen D. Sanford, representing Mudge Rose Guthrie Alexander
and Ferdon, stated they have submitted a final resolution showing some
non-substantive changes in addition to a new final copy of the Bond
Resolution reflecting those changes.
The City Manager stated he had a cash flow analysis prepared
indicating there will be expenditures of approximately $1,700,000 during
the coming four to five months for the City's well field cleanup pro-
gram. There will be approximately $1,800,000 taken in for the water and
sewer fund at about the same time, which will allow the City to fund the
contamination cleanup program without any rate increase at this time.
Assistant City Attorney Kurtz stated if the Commission will
give staff direction to validate these bonds, their office can proceed.
Ms. Brainerd moved to approve Resolution No. 36-88 with a
request that the water and sewer refunding bonds be validated, seconded
by Ms. McCarty. Upon roll call the Commission voted as follows: Ms.
Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Camp-
bell - Yes. Said motion passed with a 4 to 0 vote.
Ms. Horenburger returned to the Commission Chambers at this
time.
34. Ordinance No. 31-88. Ordinance No. 31-88, approving the
recodification of the City's Code of Ordinances, revising and rearrang-
ing sections, adding new matter and repealing various Ordinances consis-
tent with direction given to American Legal Publishing Company for
Municipal Code recodification, is before the Commission for consider-
ation on Second and FINAL Reading.
The City Manager presented Ordinance No. 31-88:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ENACTING A CODE OF ORDINANCES FOR THE
CITY OF DELRAY BEACH, FLORIDA; RECODIFYING, RENUMBERING,
REVISING AND REARRANGING SECTIONS OF THE CODE OF ORDI-
NANCES AND OTHER EXISTING ORDINANCES OF THE CITY; ADDING
NEW MATTER AND REPEALING VARIOUS ORDINANCES; RESCINDING
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ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING A GENERAL
REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN
EFFECTIVE DATE.
(Copy of Ordinance No. 31-88 is on.file in the official Ordi-
nance Book)
The Assistant City Attorney read the caption of the ordinance.
Ms. Brainerd moved for the adoption of Ordinance No. 31-88 on
Second and FINAL READING, seconded by Ms.McCarty. Upon roll call the
Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes;
Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a
5 to 0 vote.
35. Ordinance No. 33-88. Ordinance No. 33-88, rezoning land
presently zoned RM-10 to CF to allow construction of a parking facility
north of N.E. 1st Street, is before the Commission for consideration on
Second and FINAL Reading.
Mayor Campbell left the Commission Chambers and Vice-Mayor
Weatherspoon took the chair.
The City Manager presented Ordinance No. 33-88:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED
RM-10 (MULTIPLE FAMILY DWELLING ) DISTRICT IN CF (COMMU-
NITY FACILITIES) DISTRICT A PARCEL OF LAND LYING AND
BEING IN SECTION 16, TOWNSHIP 46 SOUTH, RANGE 43 EAST,
DELRAY BEACH, PALM BEACH COUNTY, FLORIDA; SAID LAND IS
LOCATED AT THE NORTHEAST CORNER OF N.E.7TH AVENUE AND
N.E. 1ST STREET, AND AMENDING "ZONING MAP OF DELRAY
BEACH, FLORIDA, 1983"; PROVIDING A GENERAL REPEALER
CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE
DATE.
(Copy of Ordinance No. 33-88 is on file in the official
Ordinance Book)
The Assistant City Attorney read the caption of the ordinance.
Ms. Horenburger moved for the adoption of Ordinance No. 33-88
on Second and FINAL Reading, seconded by Ms. Brainerd. Upon roll call
the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger -
Yes; Ms. McCarty - Yes; Vice-Mayor Weatherspoon -' Yes; Said motion
passed with a 4 to 0 vote.
48. Golf Course Restaurant License Amendment. The Commission is to
consider Amendment No. 1 to the Delray Beach Golf Course Restaurant and
Bar License Agreement extending the expiration date to be concurrent
with the golf course operator's lease.
Assistant City Attorney Kurtz stated this Amendment is the
result of a request for modification from Mr. Miller after being unable
to procure a $25,000 Bond due to market conditions. Mr. Miller will
now supply the City with a $5,000 letter of credit. His lease will be
coexistent with the Golf Course.
Ms. Brainerd moved to approve Amendment No. i to the Golf
Course Restaurant and Bar License Agreement, seconded by Ms. McCarty.
Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms.
Horenburger - Yes; Ms. McCarty - Yes; Vice Mayor Weatherspoon - Yes.
Said motion passed with a 4 to 0 vote.
49. Rezoning - Hidden Lake Subdivision. The Commission is to
consider a request to rezone the property located on the west side of
Homewood Boulevard between the Homewood Lakes Subdivision and Lago Del
Ray, containing 14.31 acres, from RM-10 to PRD-7. If approved, the City
Clerk will then prepare an enacting Ordinance for First Reading and
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95
Public Hearing to be held on July 12, 1988. (Upon the request of the
applicant, the hearing date was changed to August 9, 1987).
Ms. Brainerd moved for approval of a request to rezone Hidden
Lake Subdivision, seconded by Ms. McCarty. Upon roll call the Commis-
sion voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms.
McCarty - Yes; Vice-Mayor Weatherspoon - Yes. Said motion passed with a
4 to 0 vote.
50. Annexation and Zoning - Sherwood Forest Golf, Inc. The Commis-
sion is to consider a request for the annexing and zoning of property
located on the south side of West Atlantic Avenue between Country Club
Acres and Forest Road.
Mayor Campbell returned to the Commission Chambers and took the
Chair.
Mr. Kovacs presented a slide showing the area for discussion.
He stated this is a 73.28 acre tract contiguous to the City by a common
boundary with the Hamlet Subdivision to the south and east. The land is
presently utilized for golf course purposes. It is proposed to con-
struct 131 single family detached zero lot line housing units surround-
ing the golf course, which will remain. The proposed zoning designation
for 62.87 acres is PRD-L with the remaining 10.41 acres to be zoned ART.
The P&Z Board recommends the annexation and zoning request be acted upon
at this time with the conditional use and site plan review being de-
ferred until a later date. The Staff position is that entry needs to be
from Barwick Road.
Upon question by Mr. Weatherspoon, Mr. Kovacs stated the owner
is undecided as to what he eventually will do with the 10.41 acre parcel
along Atlantic Avenue and does not want to commit to a firm zoning of
PRD-L at this time.
Ms. McCarty stated she feels a single family neighborhood is
needed badly, but would prefer it in the form of R-1AA zoning and not
PRD-L.
Mrs. Brainerd stated at the time of site plan review, she hopes
to see a lot of open space and not just in the form of a golf course.
Mike Botos, representing the owner, stated the inclusion of the
golf course is to be counted as a portion of the open space within the
site plan. The land is dedicated perpetually for golf course use by a
deed restriction. In order for the deed restriction to be lifted, the
Homeowners Association, the City and the owner must all be in agreement.
Ms. Horenburger stated she agrees with comments made earlier
and does not feel this development or location will encourage single
families. She would be in favor of looking at R-1AAA.
Ms. Brainerd stated she prefers to see this for families, so
she does not like the PRD with the golf course being the open space.
Upon question, the City Manager stated Commission action should
be to accept the recommendation of Planning and Zoning to accept the
PRD-L and ART Zoning or send it back with a denial.
Following discussion, Assistant City Attorney Ruby advised
staff is seeking direction whether to advertise and go through the
ordinance process; not to approve or deny this particular action. If
the applicant does not care to change his request to a zoning category
that will fit with the consensus of the Commission, an ordinance will be
presented to the Commission for approval. She feels the developer has
been given adequate notice of the Commission's feeling and can act
accordingly. She also feels the action should be to direct Staff to
draft the ordinance with PRD-L.
Mayor Campbell advised an ordinance will be drafted with a
zoning of PRD-7, that will come to the Commission with the recommend-
ation of the P&Z Board.
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Michael~Gelfand, of Becker, Poliakoff and Streitfeld, repre-
senting the Hamlet Residents Association, stated they would like to
stress the need to provide notice to the members, owners and residents
to allow them an opportunity to be heard. They are requesting that the
Commission take a good look at the design to permit homes with front and
rear setbacks, along with distance between each. The golf course is not
truly an open area to the community, but only to those residents who
choose to buy into the golf course. They are also urging the Commission
to look at the affect of this community on the Hamlet. They are re-
questing the Commission direct that this parcel be developed to permit
families to have open area with a proper homesite. When this property
is annexed, there should be some guarantee that the developer must build
single family homes with setbacks rather than could; also that the
developer cannot permit multi-story buildings and cannot permit further
commercial development on Atlantic Avenue.
Mayor Campbell requested that the City Attorney review the
issues, and perhaps it would be best to workshop the procedure.
51. Land Use Plan Amendment - Freedom Savings and Loan Association.
The Commission is to consider a request for a Land Use Plan Amendment
from MF-10 to C and rezoning from RM-10 to GC on the southwest corner~of
S.E. 5th Avenue and S.E. 10th Street.
Mr. Kovacs stated this is a 2.07 acre parcel and a proposed
site for a 98 room hotel/motel to be called the Gulfstream Motor Lodge.
Ms. Horenburger stated she has a problem with rezoning to GC,
without a hotel designation and possibly having the property change
owners and the City ending up with a Burger King next to residential
property. Mr. Kovacs stated there is a Resort-Tourism Zoning District
before the P&Z Board now and they have held a first hearing on it.
There is also a conditional use permit and a site plan in process.
Mayor Campbell voiced his opposition to a GC Zoning on that
site.
Jose Aquila, associate with Currie & Schneider, Architects for
the project, stated he knows the owner has an agreement to purchase with
a deadline. He feels if going to an SAD Zoning will allow them to
continue, it sounds as though it will be acceptable.
Mayor Campbell advised Mr. Aguila if he would like to proceed
with the GC ordinance, he is welcome to do so. If not, he suggested he
get with Staff with regard to an SAD ordinance.
Ms. Horenburger left the Commission Chambers at this time.
52. Land Use Plan Amendment - Pylon Medical Associates, LTD. The
Commission is to consider a request for a Land Use Plan Amendment from
MF-6 to Office and concurrent rezoning from SAD to POC, located east of
Military Trail, south of the L-32 Canal. If approved, an enacting
ordinance will be drafted with First Reading and Public Hearing to be
held on July 12, 1988.
Upon question by Ms. McCarty, David Kessler, representing the
applicant, stated the hedging to the north is currently in place.
However, the P&Z Board and staff feel the 6' cyclone fence should be in
place to provide additional security.
Ms. Brainerd stated she would like the landscaping upgraded and
maintained as it appears it has been below code requirement. Mr.
Kessler assured her that is being done now.
Ms. Brainerd moved to accept the P&Z recommendations and direct
that an ordinance be prepared, seconded by Mr. Weatherspoon. Upon roll
call the Commission voted as follows: Ms. Brainerd - Yes; Ms. McCarty -
Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed
with a 4 to 0 vote.
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53. Appointment - Community Redevelopment Agency. The Commission
is to consider the appointment of a member to the Community Redevelop-
ment Agency to a term ending July 9, 1992.
Ms. McCarty moved to reappoint Matt Gracey, Jr. to the Communi-
ty Redevelopment Agency, seconded by Ms. Brainerd. Upon roll call the
Commission voted as follows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr.
Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4
to 0 vote.
Ms. Horenburger returned to the Commission Chambers at this
time.
54. UDAG Grant. The Commission is to consider acceptance of Urban
Development Action Grant with respect to the Auburn Trace Project and
execution of the Grant Agreement.
The City Manager stated this is a grant between the City and
the Housing and Urban Development Department in the amount of $5,048,860
in Federal funds with a local match from the City of $1,009,772. The
balance will come from the private sector in the amount of $11,451,607.
Assistant City Attorney Kurtz stated there is a deadline of
July 5th to have this agreement to HUD in order to accept and reserve
these funds. By August 1st the City should acquire and transfer the
land to the developer along with commencing construction, if simply in
the form of a groundbreaking. However, clarification and possibly an
amendment to that date may be necessary. If there is a problem between
the subsequent proposed agreement between Procacci Development and the
City, it will also be necessary to have an amendment on the dates by
which all the land transfers are to take place.
Upon question, Assistant City Attorney Kurtz advised that the
Grant Agreement and the amount is contingent upon there being 368 units.
If the density should prove to be lower, the City will need a modifica-
tion to the Agreement through HUD.
Mayor Campbell questioned if there is a caveat to protect the
City with regard to the density question. Assistant City Attorney Kurtz
stated there is none within the Agreement; however, if the zoning will
not allow 368 units or the site plan process does not allow 368 units,
the City will receive no funds. The City could get out of the Agreement
and would no longer be obligated to HUD for any monetary amount. Upon
question as to whether or not the City has a liability to anyone,
Assistant City Attorney Kurtz stated there was none at the present time.
If the UDAG Agreement is turned down, some of the options are closed,
namely the $5,000,000.
Lula Butler, Director of Community Improvement, stated HUD
reserves the right to entertain any amendments to the Agreement and they
do not like substantial changes but she is not sure what that threshold
for substantial change is. Assistant City Attorney Kurtz stated HUD
also reserves the right to alter the amount of the Grant on changes of
less than ten percent.
Mayor Campbell questioned the City's position and emphasized
the fact that he wants it to be very clear. Assistant City Attorney
Kurtz stated if the City has decided 368 units will not be built on this
project, but would like something of a lesser density, the Grant Agree-
ment must be accepted and a modification requested from HUD. If they do
not accept the modification, no funds will be received by the City and
the Agreement will terminate. Mayor Campbell stated he is in favor of
accepting the Grant with the understanding there will be no adverse
consequences.
Ms. McCarty moved to accept the UDAG Grant at Auburn Trace,
seconded by Ms. Brainerd. Upon roll call the Commission voted as
follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes;
Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a
5 to 0 vote.
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55. Sale of Land - Procacci. The Commission is to consider enter-
ing into an agreement with Procacci Development Corporation for the sale
of land known as Auburn Trace Project.
The City Manager advised there is one change stating the City
may rescind the contract should Procacci Development not submit a site
plan for development of the property by September 1, 1988. This agree-
ment does contemplate the City paying the developer up to $200,000 to
allow him to meet the offsite improvement requirements necessary to
achieve 10 units per acre.
Mayor Campbell stated he has no problem with the $200,000, but
he does have a problem with discussion linking it to density. He feels
the purpose was to bring down the net cost to the tenant.
Upon question by Ms. Brainerd, Assistant City Attorney Kurtz
stated the 38 acres referred to in the agreement includes the land the
City owns and the land the Housing Authority owns. The Housing Authori-
ty presently owns it, so it must be negotiated. He also advised the
land for proposal was advertised in the local newspapers in accordance
with notice sections within the Florida Statutes, due to the fact that
it falls within the City's CRA District.
Mr. Weatherspoon requested clarification of the residential
selection procedure. Mrs. Butler stated at some point Mr. Procacci must
make his records available to the City for review and he should have an
application developed that documents the address and the income of the
residents, verifying their residence.
Ms. McCarty questioned at what point the Commission agrees to
the density of this project. Assistant City Attorney Kurtz stated the
monies applied for were based on a density of 368 units; there is no
guarantee the density can be reduced and still receive Federal funds.
Upon question by the City Manager as to what needs to be done
by a developer to earn 10 units per acre opposed to the guaranteed 7
units in an RM-10 Zone, Mr. Kovacs replied if performance standards are
met the higher density is allowed. Those standards include water system
capacity along with flows and station capacity of sewers, drainage and a
traffic report to advise levels of service and offsite improvements.
Assistant City Attorney Kurtz stated another way density can be
addressed prior to site plan is to give an RM designation, but limit the
number of units in the zoning ordinance. Mayor Campbell advised the
matter of density is not before the Commission at this time. He stated
it is his understanding that through the site plan process, if there is
any change that would not allow 368 units to be built, either the City
or Procacci could rescind. Assistant City Attorney Kurtz stated it is
either 368 units or a modified amount approved by UDAG.
Following discussion, Assistant City Attorney Kurtz stated
unless there is an amendment, the site plan will show 368 units which is
necessary for the UDAG Grant. If there is an attempt to modify the UDAG
and it is successful, the site plan will show something else. If that
site plan makes it impossible to comply with the UDAG application, then
either party will be allowed to rescind the Agreement. Mayor Campbell
stated he would like the density issue to be a matter the City has a
right to review and cannot be questioned. Assistant City Attorney Kurtz
advised the only way that can be done is through limiting the number of
units in the Zoning Ordinance. If that is to be done, HUD must be
contacted for a modification. For example, on July 12th, the Second
Hearing on the zoning, if RM zoning is approved with a cap of 8 units
per acre, with a maximum of 38 acres, there will be 304 units allowed.
If that zoning is placed on the property, and approved, there will need
to be a modification to the UDAG.
Mayor Campbell questioned if the language could be changed from
"anticipated by the UDAG Application" to "granted by the City of Delray
Beach". Assistant City Attorney Kurtz stated this would contemplate the
possibility of Procacci owning the property and not developing through
UDAG, which would eliminate some of the City's controls, repayments,
etc. The City Manager stated the City should not lose sight of the fact
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99
that UDAG holds certain advantages, both immediate and long term in
terms of payback.
Upon question, Assistant City Attorney Kurtz stated within the
next month the zoning will be before the Commission, a site plan will be
submitted by September 1st and will come before the Commission sometime
in October or November. The City Manager stated he feels there needs to
be a modification or an amendment to the UDAG, at least to give the City
an extension of time.
Ms. Brainerd questioned how the City is protected when the
density must be provided if the developer meets the requirements.
Assistant City Attorney Kurtz advised that in the Zoning of RM, the
units would be limited to eight per acre. If that is the consensus of
the Commission, he suggests they revisit the Grant and give direction to
approach HUD as soon as possible and request a reduction in the number
of units.
Upon question by Mr. Weatherspoon, Assistant City Attorney
Kurtz stated it would be difficult for Mr. Procacci to request a change
in the terms of the Agreement in the aspect of repayment. The City
would be asking for the modification down from 368, which would tie Mr.
Procacci in with the City, possibly making it easier.
Mayor Campbell suggested the language be changed in Paragraph
No. 16 and add, "as granted by the City of Delray Beach and as antici-
pated by the UDAG application". Furthermore, in the covenants and
warranties under Paragraph 12 on Page 4, adding a Paragraph E. to read,
"Procacci understands that there is no absolute density of units with
regard to this property".
Mr. Procacci stated his concern is that the contract may not be
accepted by the time it gets to HUD. He feels if the density is cut,
the revenue will be cut and the ability for the City to raise money for
a viable project. For him to tell the Commission that he can accept
something different is not possible. Ms. Horenburger stated she feels
if the consensus is to reduce the density, a determination should be
made along with an application to HUD as quickly as possible. Mr.
Procacci stated it is not possible for him to work out another plan in
the length of time they are talking about. He stated he cannot accept
the lesser density until he knows what the other terms of the agreement
are.
Mr. Weatherspoon moved to approve the Contract as amended,
seconded by Ms. Horenburger. Upon roll call the Commission voted as
follows: Ms. Brainerd - No; Ms. Horenburger - Yes; Ms. McCarty - No; Mr.
Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3
to 2 vote.
Ms. McCarty left the Commission Chambers at this time.
56. Conditional Use Permit ~quest (CU 6-222): The Commission is to
consider a request for a conditional use permit and rezoning for Wallace
Ford, Inc., for an 11.28 acre parcel to be used for the expansion of an
automobile dealership, located on the northeast corner of Germantown
Road and Queens Avenue.
The City Manager stated Wallace Ford is requesting only rezon-
ing at this time from PCC and RH to SC.
Ms. Horenburger moved for approval of the rezoning, seconded by
Ms. Brainerd. Upon roll call the Commission voted as follows: Ms.
Brainerd - Yes; Ms. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor
Campbell - Yes. Said motion passed with a 4 to 0 vote.
CONSENT AGENDA
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lO0
58. Dock Variance Request - Warren Seckler. A request for a
variance to allow construction of a dock at 837 Lake Shore Drive that
will extend 26 feet into the water from their property line, is before
the Commission for consideration. The Engineering Department recommends
approval based on the shallow water depth at this location.
59. Conditional Use Permit Request (CU 6-118). The Commission is
to consider a request for a conditional use permit and site plan approv-
al for expansion of the Sherwood Pontiac dealerships located on a 2.39
acre parcel on the west side of Federal Highway, south of Linton Boule-
vard. Approval is recommended.
60. Sidewalk Sale. The Commission is to consider a request for
authorization to hold a Sidewalk Sale on July 2nd in conjunction with
the 4th of July holiday, from 10:00 A.M. to 5:00 P.M., located on
Atlantic Avenue from Swinton Avenue to A1A. Approval is recommended.
61. Water Servi.ge Agreement - Otis and DorothY. H. Paine. The
Commission is to consider a request for a water service agreement for
property located at the southeast corner of Barwick Road and Maurice
Drive, even though it is not contiguous to the City, an Enclave nor
eligible for annexation. The P&Z Board recommends approval.
62. Appointment of Prudential Bache as .Co-Managers of Water -and
Sewer. Revenue Refundin~ Bond Issue 1988. The Commission is to consider
the appointment of Prudential Bache as Co-Managers with Cranston/
Prescott, Managing Underwriter, of the 1988 Water and Sewer Revenue
Refunding Bond Issue. Approval is recommended.
63. Resolution No. 33-88. Resolution No. 33-88, accepting and adopting
changes in the Flood Insurance Rate Maps, is before the Commission for
consideration.
The caption of Resolution No. 33-88 is as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ACCEPTING AND ADOPTING CHANGES IN THE
FLOOD INSURANCE RATE MAPS FOR THE CITY AS PUBLISHED BY
THE FEDERAL EMERGENCY MANAGEMENT AGENCY.
(Copy of Resolution No. 33-88 is on file in the official
Resolution Book)
64. Settlement Offer -.Desort VS. City of Delray Beach. The Commis-
sion is to consider a settlement offer in the case of Glenn and Danice
Desort vs City of Delray Beach, in the amount of $32,000.
65. Awards of Bids and Contracts.
A. 1988 Water and Sewer Refunding Bond I'ssue - Post,
Buckley, Schuh and Jernigan - $12,500.
B. Change Order No. 1 - Head Works Odor Control System - Q &
Q, Inc. - Decrease of $2,033.
C. Towing Contract - Accel Towing and Recovery, Inc. -
$64,865 (to be paid by the people needing the towing
service).
D. N.W. Drainage Project - A.O.B. Underground - $271,975.
E. Consultant Selection - Comprehensive Plan -
Strategic Planning Group - $40,000
Post Buckley Schuh and Jernigan -N$18,000
Ms. Horenburger moved for approval of the Consent Agenda,
seconded by Ms. Brainerd. Upon roll call the Commission voted as'
follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Mr. Weatherspoon -
Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote.
PROCEDURAL ITEMS
Ms. McCarty returned to the Commission Chambers a't this time.
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101
66. Alice Finst, 707 Place Tavant, stated the situation discussed
e~rlier relative to concrete trucks dropping concrete on roads and
highways has not abated and she would like to know the status. Mayor
Campbell suggested she contact the City Manager.
67. Ms. Brainerd moved to approve the minutes of the Special
Meeting of May 27, 1988, seconded by Ms. Horenburger. Upon roll call
the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger -
Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes.
Said motion passed with a 5 to 0 vote.
68.A.1. Ms. Brainerd requested clarification as to the direction and
approval that had previously been given by the Commission for location,
date and the length of time a tent might be erected. Ms. McCarty asked
if the Commission could be furnished a copy of the minutes of the
meeting where that decision was made.
68.A.2. Ms. McCarty questioned the status of the tennis court building.
The City Manager stated negotiations are in progress now with Palm Beach
County. Joe Weldon, Director of Parks and Recreation, stated the area
must be surveyed and it will soon be available for a review by the City
Attorney. He also stated necessary improvements are being made at the
present facility with the hope that within the year the new facility
will be available. Mayor Campbell stated he would like to see an
immediate review of the capital program, with the hope that something
can be worked out in the budgetary process to bring that to fruition
with the starting date this fall. Mr. Weatherspoon questioned the fact
that the Commission, as a body, has not yet approved the agreement. Ms.
McCarty stated County Staff and Environmentalists are probably making
recommendations in order to preserve it as an eco system, as well as a
park and it will come before the Commission for approval.
68.A.3. Ms. McCarty questioned the status of the Golf Course Clubhouse.
Mr. Weldon stated at this time the plumbing is being upgraded. Hope-
fully, at the July 12th regular meeting, the Commission will have a
proposal for a consultant to do a study to see if it is more feasible to
.operate as a snack bar type operation or a full service restaurant.
68.A.4. Ms. McCarty stated she has had a request as to the Commission's
position on seawall maintenance. It is her understanding the City
Attorney has a different position than the City Manager. She would like
the two positions to be put before the Commission for discussion in
order to arrive at a policy.
68.A.5. Ms. Horenburger stated with regard to the scrub, the proposed
agreement in the packet stated the City would go with Lease Purchase
Agreement that the City would put up $350,000 and the County would put
up $350,000 after their budget and appropriations are completed in the
fall. Since they are not able to commit funds they do not have at this
time, the City is left with a contract that might read that the City
would either get into a long term lease until such time as the County
can supply their portion, or the City would default on the sale and the
City would lose its money and the property. It was resolved with the
County Attorney and Staff to propose that the County, if they were to
default on the payment in the fall, would then repay the City.
68.A.6. Mr. Weatherspoon questioned the status of the video that is
being put together for the Haitians. The City Manager stated he would
get the information.
68.A.7. Mr. Weatherspoon stated he understands the new policy is now in
effect with regard to the towing of abandoned vehicles. He feels this
should be revisited with an opportunity for Commission input.
68.A.8. Mayor Campbell stated the ordinance for the definition of
"Family" will be discussed at a Special Meeting before the Regular
Workshop Meeting of July 19th. The Code Enforcement General Issues will
be postponed until a later date.
68.C.1. The City Manager stated he needs direction for approval of the
annual Roots Festival in order to prepare a resolution. The Commission
concurred.
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68.B.1. Assistant City Attorney Ruby stated there is a settlement offer
in the case of Walker vs the City. The total demand is $27,450 and the
City Attorney's office is recommending denial. The Commission con-
curred.
68.B.2. Assistant City Attorney Kurtz stated in a meeting with CH2M
Hill, the Purchasing Director, Bob Pontek and the Assistant City Attor-
neys, there was discussion about the airstrippers and procedures in the
policy recently approved. In order to stay on that schedule, it will be
necessary to waive some purchasing procedures, as far as acquisition or
lining up of the manufacturer of the air stripper and possibly the
selection of a general contractor. He is proposing a waiver of those
ordinances be advertised and put it on the agenda for July 12th. The
Commission concurred.
Mayor Campbell declared the meeting adjourned at 12:03 P.M.
City ~lerk
ATTEST:
MAYOR
The undersigned is the City Clerk of the City of Delray Beach
and that the information provided herein is the minutes of the meeting
of said City Commission of June 28, 1988, which minutes were formally
approved and adopted by the City Commission on~
NOTE TO READER:
If the minutes that you have received are not completed as indicated
above, then this means that these are not the official minutes of City
Commission. They will become the official minutes only after they have
been reviewed and approved which may involve some amendments, additions,
or deletions to the minutes as set forth above.
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