07-29-86SpMtg JULY 29, 1986
A Special Meeting of the City Council of the City of Delray
Beach, Florida, was called to order by Mayor Doak S. Campbell in the
Council Chambers at City Hall at 7:05 P.M., Tuesday, July 29, 1986.
Roll call showed:
Present - Council Member Malcolm T. Bird
Council Member Richard J. Dougherty
Council Member Marie Horenburger
Council Member Jimmy Weatherspoon
Mayor Doak S. Campbell
Absent - None
Also present were - City Manager James L. Pennington and
City Attorney Herbert W.A. Thiele.
Mayor Campbell called the meeting to order and announced that
this meeting has been called for the purpose of (1) considering waiver
of ordinance from Sandy Simon.
1. Sandy Simon advised he is requesting a waiver of a recent
ordinance which was passed relating to setbacks of landscaping in the
CBD. He reported that last year Atlantic Plaza, Ltd., and Council
negotiated an agreement that they would purchase a tract of land on the
north side of First Street, east of Seventh Avenue, for additional
parking; that land is zoned RM-10 and parking is permitted under condi-
tional use. Under that agreement they were to submit for conditional
use approval by Council, which they did. A week subsequent a new
ordinance went into effect requiring the landscape buffer to be in-
creased from five feet to ten feet along Seventh Avenue and First Street
and from two and a half to five feet along the alley and the side yard.
As a result of the new ordinance it reduces their parking by four spaces
and it really won't increase the landscaping because they have a large
landscaping island in the center of their parking and three or four
large trees. Mr. Simon stated he is requesting the waiver so they can
go through with the parking lot before the season starts, preserve those
four spaces and the island of landscaping; he can assure Council that it
will be well landscaped.
Mr. Bird moved for approval of the request, seconded by Mr.
Dougherty. Upon roll call Council voted as follows: Mr. Bird - Yes;
Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes;
Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote.
Before roll call the following discussion was had:
Mr. Weatherspoon asked if the Planning staff would be looking
at other parcels in the future with regard to the CBD. Mr. Simon
explained the CBD was exempted, however, the problem here is that this
piece of land is adjacent and abutting the CBD, but is not in it; the
project is in the CBD. The City Attorney advised that an ordinance that
provides for Council's ability to create exceptions will be on the
August 12th agenda.
Mr. Dougherty stated he questions why Mr. Simon even needs a
waiver; as he understands it Mr. Simon made application before the new
ordinance came into effect. The City Attorney advised that he believes
Council can construe the request as a clarification of Council intent
that the landscape ordinance was only applicable to those persons who
had no applications pending before the City as of the effective date; in
other words, it only applied to those who applied after its effective
date.
At this point the roll was called to the motion.
Mayor Campbell declared the meeting adjourned at 7:14 P.M.
City 'Clerk
AT -~ ....
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 Council of July 29, 1986, which minutes were formally
approved and adopted by the City Council on
y Clerk
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
Council. 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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