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08-26-86 AUGUST 26, 1986 A Regular Meeting of the City Council of the City of Delray Beach, Florida, was called to order by Mayor Doak So Campbell in the Council Chambers at City Hall at 7:04 P.M., Tuesday, August 26, 1986. 1. Roll call showed: Present - Council Member Malcolm T. Bird (arrived 7:05 P.M.) 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. 2. The opening prayer was delivered by Council Member Jimmy Weatherspoon. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Mrs. Horenburger moved for approval of the agenda, seconded by Mr. Weatherspoon. 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. Mrs. Horenburger left the Council Chambers at this time. PUBLIC HEARING 5. Ordinance No. 51-86 - Amending Zoning Code - Definition of Hotel and Supplementary Regulations. Ordinance No. 51-86, amending Chapter 30 "Zoning" of the Code of Ordinances relative to the definition of hotel, location of certain accessory uses and signage, is before Council for consideration on Second and FINAL Reading. Prior to consid- eration 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. 51-86: 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, BY REPEALING SECTION 30-1 "DEFINITIONS", (45) "HOTEL", AND ENACTING A NEW SECTION 30-1 "DEFINITIONS", (45) "HOTEL", DEFINING HOTELS AND INCLUDING ANCILLARY USES WHICH ARE TYPICALLY ACCESSORY TO HOTELS; BY REPEALING SECTION 30-17 "SUPPLEMENTARY REGULATIONS", (R) "HOTELS AND MOTELS", SUBSECTION (2) "LOCATION", AND ENACTING A NEW SECTION 30-17 "SUPPLEMENTARY REGULATIONS", (R) "HOTELS AND MOTELS" SUBSECTION (2) "LOCATION", REQUIRING ACCESSORY USES TO BE LOCATED WITHIN THE BUILDING UNLESS CONDITIONAL USE IS OBTAINED; BY AMENDING SECTION 30-17 "SUPPLEMENTARY REGULATIONS" (R) "HOTELS AND MOTELS" BY ADDING A NEW SUBSECTION (3) "SIGNS" TO PROHIBIT SIGNS DESIGNATING THE ACCESSORY USES ALLOWED IN CONJUNCTION WITH A HOTEL FROM BEING ATTACHED TO THE OUTSIDE OF THE HOTEL UNLESS AP- PROVED AS PART OF ANY CONDITIONAL USE APPROVAL OR MODIFI- CATION FOR THE PRIMARY HOTEL USE; PROVIDING A SAVING CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING AN EFFEC- TIVE DATE. (Copy of Ordinance No. 51-86 is on file in the official Ordi- nance Book) 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. The public hearing was closed. Mr. Weatherspoon moved for the adoption of Ordinance No. 51-86 on Second and FINAL Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Mrs. Horenburger returned to the Council Chambers at this time. 6. Ordinance No. 52-86 - Amending Zoning Code - Definition of Boarding and Rooming House. Ordinance No. 52-86, amending Chapter 30 "Zoning" of the Code of Ordinances relative to the definition of board- ing and rooming house, is before Council 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. 52-86: 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, BY REPEALING SECTION 30-1 "DEFINITIONS", (9) "BOARDING AND ROOMING HOUSES", AND ENACTING A NEW SECTION 30-1 "DEFINI- TIONS'' (9) "BOARDING AND ROOMING HOUSES" TO DEFINE THAT A BOARDING AND ROOMING HOUSE IS A BUILDING USED FOR RESI- DENTIAL HABITATION AND WHERE MORE THAN ONE OF THE PARTI- TIONED SECTIONS ARE OCCUPIED BY SEPARATE FAMILIES AND/OR RENT IS CHARGED SEPARATELY FOR THE INDIVIDUAL ROOMS OR PARTITIONED AREAS OCCUPIED BY THE RENTER OR OCCUPANT; PROVIDING A SAVING CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 52-86 is on file in the official Ordi- nance Book) 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. The public hearing was closed. Mr. Weatherspoon moved for the adoption of Ordinance No. 52-86 on Second and FINAL Reading, seconded by Mr. Bird. 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, Mr. Weatherspoon stated, with regard to Item 5, that at the last regular meeting there was some discussion regarding the definition of kitchens. He questioned if that has been taken care of. The City Attorney advised it is still being worked on. At this point the roll was called to the motion. 7. Ordinance No. 53-86 - Amending Code - Water and Sewer Charges. Ordinance No. 53-86, amending Chapter 29 "Water and Sewers" of the Code of Ordinances relative to service charge for returned checks, turning on of service, owner responsible for charges and resuming service after discontinuance for delinquency, is before Council 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. 53-86: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29, "WATER AND SEWERS" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 29-1 "SERVICE CHARGE FOR RETURNED CHECKS" BY AMENDING THE SERVICE CHARGE FOR 2 8/26/86 RETURNED CHECKS TO INCREASE THE FEE FROM FIVE DOLLARS ($5.00) TO FIFTEEN DOLLARS ($15.00); BY AMENDING SECTION 29-20 "TURNING ON OF SERVICE" BY REQUIRING IDENTIFICA- TION; BY AMENDING SECTION 29-24 "OWNER RESPONSIBLE FOR CHARGES" BY ADDING A PROVISION UNLESS PROHIBITED BY LAW AND DEFINING DELINQUENT CHARGES TO INCLUDE COLLECTION COSTS AND REASONABLE ATTORNEY FEES; BY AMENDING SECTION 29-25 "RESUMING SERVICE AFTER DISCONTINUANCE FOR DELIN- QUENCY'' BY REQUIRING AN ADDITIONAL DEPOSIT; BY AMENDING SECTION 29-64 "TIME AND METHOD OF PAYMENT OF SERVICE CHARGE" BY ADDING A PROVISION UNLESS PROHIBITED BY LAW AND DEFINING DELINQUENT CHARGES TO INCLUDE COLLECTION COSTS AND REASONABLE ATTORNEY FEES; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 53-86 is on file in the official Ordi- nance Book) 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. The public hearing was closed. Mr. Bird moved for the adoption of Ordinance No. 53-86 on Second and FINAL Reading, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - No; Mayor Campbell - No. Said motion passed with a 3 to 2 vote. Before roll call the following discussion was had: Mr. Weatherspoon stated that, due to the fact he feels this will impose a hardship on certain people, he is going to vote against this ordinance. He realizes they have to do something, but he feels this is not the proper way to handle the situation. Mrs. Horenburger advised they do have a program with funding for the type of problem Mr. Weatherspoon is referring to. At this point the roll was called to the motion. PROCEDURAL ITEMS 8. Mrs. Horenburger moved for approval of the minutes of the Regular Meeting of August 12, 1986 and the Special Meetings of July 28, 1986 and August 14, 1986, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - No; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. 9.a.1. Mr. Weatherspoon stated that Council put on hold the reappoint- ment of members to certain Boards. He feels it is time they began to look at the rest of those Boards to either modify them or reappoint those individuals whose terms have expired. Mayor Campbell suggested they place some of the Boards on a workshop agenda for discussion. The Internal Audit Committee is one they could discuss at first. Upon question by Mr. Bird as to how many Boards still have to be looked at, the City Attorney advised there are about six. Mr. Bird requested that Council be given a list of those Boards and a schedule for discussion starting with the IAC. Upon question by Mr. Dougherty, Mr. Bird clarified that he is not so much concerned with the statutory controlled Boards such as the Civil Service Board, Downtown Development Authority, Community Redevel- opment Agency, etc; he is more concerned with those Boards which came into being because of Council's action such as the Community Appearance Board, Internal Audit Committee, Beautification Committee, etc. Those -3- 8/26/86 Boards are controlled entirely by the City and whether they exist or not is solely at the discretion of Council. Mayor Campbell suggested that they start by discussing the Internal Audit Committee and the Human Relations Committee at next week's workshop meeting. He also requested that the members of those Boards be asked to attend the meeting. 9.a.2. Mr. Weatherspoon stated they have made a lot of headway with regard to the general appearance of the City. However, he has noticed that there are trash piles beginning to accumulate and, in particular, one between N.W. 8th Avenue and N.W. 9th Avenue on N.W. 1st Street. He also advised that the lot next to the Cemetery and Carver Estates has a lot of growth and requested that the Code Enforcement Division look into this and get it taken care of. 9.a.3. Mr. Bird stated Council received a copy of the Consultant Organizational Staffing Study and he feels they should discuss this at next week's workshop meeting. Mr. Dougherty stated he believes that the memorandum from the City Manager almost suggested that Council and staff have an all day workshop session under the guidance of a moderator to discuss this. He feels this is a better alternative than receiving another report which will not be fully read. He suggested that Council seriously consider having such a session whereby there would be a chance to develop a close relationship between the City management and Council. Mr. Bird stated that perhaps a consultant is not ideal; how- ever, the alternative is a non-event. He feels they need a consultant to help them analyze why they are not doing some things and they are not going to get there in a public meeting with the press present. It was the consensus of Council to place this on next week's workshop agenda for discussion. 9.a.4. Mr. Dougherty questioned if they are moving ahead with the Golf Course Planning contract. Also, is appears that the electrical service is off for one of the lessees and he questioned if that has been looked into. Mr. Barcinski, Assistant City Manager, advised that the situa- tion with the electrical service has been corrected. Mrs. Horenburger stated that they are constantly hearing about the problems out at the course. She feels it is time Council did something to correct the situation. It is absurd to have two lessees in one building and, if Council does not do something soon, they are going to have a lawsuit on their hands. Mr. Bird questioned if a letter was ever sent to Mr. Roy Simon informing him that he has been appointed to look into the redesign of the Course. The City Manager advised he is not sure a letter was sent; however, they have had numerous discussions with him. 9.a.5. Mr. Dougherty stated that the reservoir and pumping station serving the west end of the City is now fully in operation. Apparently, this is improving the water distribution, pressure and flow which was somewhat of a problem. He questioned if they are going to continue expanding the City's water service into the reserve area and does this not portend a possible policy requirement in terms of annexation of that area. Mayor Campbell advised they had a major discussion on this issue about a year ago and the information and recommendations are in the report prepared by Post, Buckley. Upon question by Mr. Dougherty, Mayor Campbell advised they have made a policy that they would look at, on a case by case basis, water service to those areas east of the E-3 Canal and west of Military Trail. Water service does not necessarily mean annexation. -4- 8/26/86 Mr. Dougherty stated that perhaps they should look and think about formulating a policy towards annexation of those areas. Mrs. Horenburger stated that the public did not seem to want Council to take that approach. Mr. Dougherty stated that they are approaching build-out status and, if they look at the escalation, it may well be that there would be some impetus to start annexing lands which could produce substantial revenues. Mayor Campbell stated that they cannot annex any land until it is contiguous. They have not received any petitions to annex west of Military Trail nor is there an area which is contiguous and which has a water service agreement. If they ever do become contiguous then the decision and policy would have to be made. Mrs. Horenburger left the Council Chambers at this time. Mr. Dougherty stated he feels they should be looking ahead to some kind of policy which would encourage those people to come into the City. Mayor Campbell stated they could place this on a workshop agenda after each Council member has done some research as to their own ideas on how they can encourage it. 9.a.6. Mayor Campbell presented a proclamation proclaiming September 17 - 23, 1986 as "Constitution Week". 9.a.7. Mayor Campbell presented Resolution No. 44-86: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, THANKING LORENZO BROOKS FOR HIS YEARS OF DEDICATED SERVICE TO THE DELRAY BEACH POLICE DEPARTMENT AND WISHING HIM SUCCESS AS POLICE CHIEF OF THE CITY OF RIVIERA BEACH. (Copy of Resolution No. 44-86 is on file in the official Resolution Book) The City Attorney read the entire Resolution. Mr. Bird moved for the adoption of Resolution No. 44-86, seconded by Mr. Dougherty. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Mrs. Horenburger returned to the Council Chambers at this time. Mr. Bird left the Council Chambers at this time. 9.a.8. Mayor Campbell read and presented a proclamation relative to the City of Delray Beach's Diamond Jubilee Celebration and the "Brothers of the Brush". Members of the Diamond Jubilee committee came forward to accept the proclamation and presented each Council Member with 100 honorary shares of Delray Beach. Mr. Spencer Pompey, Diamond Jubilee committee member, intro- duced Mr. Elmer Watkins who was born the year the City was incorporated. Mr. Bird returned to the Council Chambers at this time. 9.b.1. The City Attorney advised Council has been furnished a copy of an agreement relative to the demolition of buildings located at 109, 109 1/2, 113 and 117 North Swinton Avenue. This agreement was negotiated between his office, the building department and the new owners of the property and will resolve a dispute which has been going on before the Board of Construction Appeals. The agreement will allow the City, at its expense, to do the demolition of the buildings at a cost of $13,500. A lien would then be placed on the property and accrue interest for two years to allow the new property owners to gain the funds to reimburse -5- 8/26/86 the City. If they fail to do so the City would have a priority lien and could foreclose on the property. Mrs. Horenburger left the Council Chambers at this time. Mr. Dougherty questioned if there was any possibility of the City purchasing this property. The City Manager advised it is being discussed at the present time with staff and the owners of the property. He is not ready to make any recommendation to Council as he does not have a report from the Elementary School which would be tied in. Mr. Bird moved to approve the agreement, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 9.c.1. The City Manager stated that Council received a memorandum from Mr. Simback and a meeting will be scheduled next week for the public hearing on the Community Redevelopment Plan. 9.d. There were no Non-Agenda items by Citizens. CONSENT AGENDA The following items were considered by Council as the Consent Agenda: 10. Change Order No. 2 - N.W. 2nd Street Water Transmission Main. Council is to consider approval of reduction of retainage to zero and Change Order No. 2 (Final) from A.O.B. Underground, Inc., which reduces the original price by $49,005.38 for a new price of $578,484.97. Approval is recommended. 11. Conditional Use and Site Plan Approval - Leisure Landscape. Council is to consider a request for site plan approval for Leisure Landscape, a proposed 14,241-square foot light industrial development. Conditional use approval is requested to allow a caretaker's residence within the project, located north of S.W. 10th Street, between S.W. 15th Avenue and S.W. 16th Avenue. The Planning and Zoning Board and Planning Director recommend approval, subject to the following conditions: Technical and Code Requirements (1) Per Section 30-14, LI, vehicular storage shall be limited to the storage of light trucks up to and including, two-ton trucks and light construction equipment not over 24' long, 8' wide and 10' high. Place appropriate note on site plan. (2) All shade trees required to be a minimum of 12 feet in height with a 6 foot spread. (3) All landscaped islands require 6" non-mountable curbing. (4) All irrigation to be a source other than City water. Place appropriate note on site plan. (5) Signed and sealed (by P.E.) paving and drainage plans complete with topo and survey showing all improvements up to 125 feet off-site are required. (6) Signed and sealed (by P.E.) drainage calculations are required. (7) Submit plans for the gravity sewer system for approval and permitting. (8) All improvements must be installed prior to certificate of occupancy. (9) Provide a fire hydrant within 500 feet road travel from the existing fire hydrant at S.W. 15th Avenue and 8th Street. Show on site plan and improvement plan. Procedural Requirements (10) Community Appearance Board approval will be required prior to the site plan being considered by the Planning and Zoning Board. -6- 8/26/86 (11) Replat or Unity of Title is required prior to Building permit. (12) This approval will expire within eighteen (18) months unless at least twenty-five (25) percent of the total cost of the improvements are made by that time. If the approval expires, a request for an extension must be made in accordance with Section 30-21(E) of the Zoning Code. 12. Final Plat Approval - The Commons. Council is to consider a request for final plat approval for the commons, a 62,789-square foot general and professional office development, located on the north side of West Atlantic Avenue, between High Point Boulevard and The Hamlet Shoppes. The Planning and Zoning Board and Planning Director recommend approval, subject to the following conditions: Technical and Code Requirements (1) A left turn lane (eastbound) and right turn lane (west- bound) are identified in the traffic study and shown on the site plan. The applicant is required to install these lanes per the site plan, to FDOT specifications, prior to the first Certificate of Occupancy. Provide design and construction plans. (2) Indicate date of preparation on plat. (3) The private roadway easement should be incorporated into Lots 1 and/or 3 as an access easement, or should be platted as a separate roadway tract. In addition, a blanket cross-access easement between all parcels should be granted by the plat dedications. (4) Permits from the S.F.W.M.D. are required prior to final approval by the City Council. (5) Interconnect drainage system and provide appropriate easements between lots and provide for ultimate connec- tion to Atlantic Avenue system when available. Wall or berm entire site to retain 25 yr. flood. (6) Provide a metes and bounds legal description, tied to section corners in place of legal shown in dedication. (7) Add a note that the City has the right of access for emergency and maintenance purposes. Mr. Bird moved for approval of the Consent Agenda, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. REGULAR AGENDA Mrs. Horenburger returned to the Council Chambers at this time. 13. Final Plat Approval - Fairways of Delray. Council is to consider a request for final plat approval for Fairways of Delray, a proposed 47 lot single family subdivision, located on the east side of Homewood Boulevard, between Lowson Boulevard and Highland Avenue. The Planning and Zoning Board and Planning Director recommend: (a) the City purchase the entire site for park and recreation purposes; or (b) that City Council approve the request, subject to the following conditions: Technical and Code Requirements (1) Show the location and identify materials for the perma- nent reference monuments. (2) Provide an additional note to the plat stating, "No structures, shrubs, or trees are allowed in easements". (3) Applicant must provide a combination of a ten foot limited access easement and planting screen easement within the first ten feet of the property line abutting Homewood Boulevard, per Chapter 24-35(B) (7). As the proposed wall is only 8 feet from the travel lane on Homewood Boulevard, it should be shifted east so that the wall is along the interior perimeter of the ten foot limited access easement, with trees, plants and sod along the street side of the wall, or the wall should be -7- 8/26/86 eliminated. Per Chapter 9, Article X, Section 9-378(d) (2) - The unpaved portion of the right-of-way shall be landscaped and provided with sod and irrigation. As in the case of the landscaping at the entrance, the improvements would be required with development of the first lot. Maintenance is the responsibility of the developer until such time as the Homeowner's Association is formed. Provide note to this effect. All trees that must be relocated due to conflicts with roads, utilities, lakes, or structures should be utilized within this ten foot planting screen/limited access easement. (4) Signature slots need not appear on each separate plat sheet, only on the dedications page. (5) In order to eliminate the requirement for a sidewalk on Homewood Boulevard, a sidewalk waiver must be approved by the Planning and Zoning Board and the City Council (Chapter 24-31(A)). (6) Clearly define the beginning and end points of the limited access easements; specifically this should prevent access from lots 1 and 36 to Par Circle and around the corner to the point of tangency. (7) Plans need to be signed and sealed by a professional engineer. (8) Tie plat into Section Corner. (9) Legal description not required on page 2 of the plat. Delete location map on page 2. (10) The lake must be dedicated as a water management tract to the homeowners. (11) Clarify owner and mortgagee. (12) Clarify dedication of limited access easement, in Dedica- tion Block. (13) County road impact fees will be assessed at the time of building permit based on the rates established by the County at that time. (14) All irrigation to be from a source other than City water. per Chapter 9, Article X, Section 9-378(b) - Wherever feasible, surface or subsurface water shall be used for sprinkling. (15) Per Chapter 9, Article X, Section 9-378(c) (2) - Trees shall be a minimum of 12 feet in height at time of planting with a minimum 6 feet of clear trunk and a 6 foot spread of canopy. (16) Park and Recreation fees may be paid at the time of C.O. or at the time of building permit issuance at the rate of $500.00 per unit. Procedural Requirements (17) Prior to final plat approval permits from S.F.W.M.D. must be on file. Mr. Dougherty questioned if there is a recommendation from staff as to the need for a park in that area. Mrs. Horenburger stated that it is untimely considering the fact that they are doing a study of the golf course with an eye towards the possibility of locating the tennis courts there. This offer is coming to Council before they are ready to consider it; however, she would hate to miss the opportunity of purchasing the land. Mr. Bird stated that several years ago, when the City went for a General Obligation Bond Issue for recreation, this particular property was part of that and it was turned down two to one. Mayor Campbell stated he does not feel that at this time the City is in a posture to go ahead and purchase the entire property. He suggested that it may be a wise idea for the owners of the property to keep some of the lots in the northeast corner of the parcel vacant. In the event that the City may want to expand the golf course property they could then purchase those lots; that would not interfere with the balance of the subdivision. -8- 8/26/86 Michael Brown, representing the owner, stated that they are not going to be building on the lots for a while. If the City wished to purchase some lots at a later date they would be willing to discuss it. Mr. Dougherty moved for final plat approval, subject to the conditions, seconded by Mr. Bird. 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. 14. Site Plan Approval Extension - Pelican Harbor Shoppes. Council is to consider a request for a one year extension of the site plan approval for Pelican Harbor Shoppes, a 13,778-square foot commercial center, located at the northeast corner of South Federal Highway and Tropic Isle Drive. The Planning and Zoning Board and Planning Director recommend that a one year extension be approved, subject to the follow- ing conditions: (1) No more than ten (10) continuous parking spaces are allowed without a landscape island. (2) Wheel stops are required for all parking spaces. (3) The 10% interior landscape requirement must be met. (4) Artificial lighting used to illuminate the premises shall be directed away from adjacent properties. (5) That the original conditional of approval remain in effect as modified by subsequent approvals. (6) This approval shall be valid for one (1) year only, with no further extension available. If any additional extension is required a new application shall be submit- ted. (7) Eliminate the first parking space near the two-way entrance driveway off US #1 to avoid potential colli- sions. (8) Sign shall be set 15' from property line. (9) Submit a landscape plan based upon current code require- ments for review and approval by the City Horticulturist. (10) That revised plans be submitted for staff approval no later than thirty (30) days from the date of approval by City Council. (11) Move the dumpster ten (10) feet from the building and replace vacated area with landscaping. Screen dumpster enclosure on the three enclosed sides with landscaping. Mrs. Horenburger moved for site plan approval extension for Pelican Harbor Shoppes, subject to the conditions, seconded by Mr. Weatherspoon. 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, Mr. Bird stated that this parcel of land has been vacant now for five years. He questioned if they should have a policy which states that, in a certain period of time, if a project dies for lack of activity then it would have to go through the process again. At this point the roll was called to the motion. 15. Conditional Use and Site Plan Approval - Parkinq Lot for Atlantic Plaza. Council is to consider a request for conditional use and site plan approval to allow the use of an RM-10 (Multiple Family Dwelling) District parcel of land for off-street parking for Atlantic Plaza, located at the northeast corner of N.E. 1st Street and N.E. 7th Avenue. The site contains 0.63 acres. The Planning and Zoning Board and Planning Director recommend approval, subject to the following conditions: (1) Per the Landscape Code a ten (10) foot landscape strip is required along the property lines abutting the right- of-way and a five (5) foot landscape strip along the interior property lines. However, on July 29, 1986, the City Council approved a waiver for this requirement. (2) The Planning Department recommends that this parking lot be designated and used for employee parking given its -9- 8/26/86 location across a residential street and abutting resi- dential uses. (3) Extend the sidewalk from N.E. 1st Street to the first cross aisle of the main site parking area. (4) City water may not be used for irrigation unless it can be demonstrated that the chloride content is too high in this location. Only the Public Utilities Director can authorize the use of City water for irrigation. (5) Per Section 30-18(B) (4) (g) (3), a written agreement must be entered into with the City of Delray Beach (in such form as may be approved by the City Attorney), with enforcement running to the City of Delray Beach, provid- ing that the land comprising the alternate off-street parking area shall never be disposed of except in con- junction with the transfer or sale of the building which the parking area is intended to serve, so long as the parking facilities are required. The owner agrees that such agreement shall be in recordable form, the expense of recording to be borne by the owner, and that the agreement shall constitute a covenant running with the land binding upon the owners, heirs, administrators, successors, and assigns. The agreement shall be recorded by the City Clerk. The agreement shall be released by the City Council at such time as the alternate off-street parking facilities are no longer required or when the owner provides other lawful off-street parking facili- ties. The owner shall bear the expense of recording the release of the agreement. (6) Application for tree removal must be filed with the City Horticulturist and permit issued prior to any tree removal. (7) Based on site data provided of 20,826 square feet of paving, 21 "interior trees" are required (in addition to required perimeter trees). Fifty percent of the required interiors may be offset to the perimeter if needed. (8) Provide one tree every 40 linear feet adjacent to rights- of-way and every 25 linear feet along adjacent residen- tial properties. This totals 14 perimeter trees plus the 21 required interior trees or 35 trees. (9) Six inch non-mountable curbing is required around all landscaped islands. (10) Hedge is required to be placed along the interior perim- eter of the required 5 foot landscape strip adjacent to right-of-way. (11) Locate trees outside of hedge (not within hedge row). (12) Specify spread of all trees, 6 foot minimum. (13) Specify all plant materials as FL #1 or better per grades and standards for Nursery Plants, Florida Department of Agriculture. (14) Hedging adjacent to the north and east property lines is required to be 4 1/2 feet in height at the time of installation as it is a district boundary line separator. Mr. Bird moved for conditional use and site plan approval for Atlantic Plaza, subject to the conditions, seconded by Mrs. Horenburger. 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. 16. Conditional Use and Site Plan Approval - Acura of Delray Beach. Council is to consider a request for conditional use and site plan approval for Acura of Delray Beach, a proposed automobile dealership, located on the east side of N.E. 6th Avenue, between N.E. 6th Street and N.E. 7th Street. Conditional use approval is also requested to allow the RM-10 zoned portion of the site to be used for off-street parking. It is zoned SC (Specialized Commercial), in part, and RM-10 (Multiple Family Dwelling) District, in part. The Planning and Zoning Board and Planning Director recommend approval, subject to the following condi- tions: Technical and Code Requirements -10- 8/26/86 (1) Give sections through wall and landscape area and indi- cate treatment. A ten foot landscape strip is required along N.E. 6th Street and N.E. 7th Street. However, within this landscaped strip a 6 foot high masonry wall is provided, this should be relocated to the rear of the landscape strip. (2) Show location, height and power of all site lighting. (3) A water distribution layout should be submitted showing a fire hydrant at N.E. 6th Street and 6th Avenue and a fire hydrant located at the entrance from N.E. 7th Street. (4) Paving and drainage plans shall conform to the site plan. Show landscape strip abutting parking stalls. The parking tier along U.S. #1 does not conform to the site plan. (5) Continue and graphically delineate the 5 foot sidewalk along N.E. 7th Street and N.E. 6th Street. (6) Change site data to reflect that 81 parking spaces are required and 90 spaces are provided. (7) Specifically delineate "vehicle off-loading area" adja- cent to building and label as "after hours loading area - one clear lane to remain at all times". (8) Clearly delineate limits of internal sidewalks. (9) Dimension each lot. (10) The proposed building appears to be less than 5 feet from the existing sanitary sewer in the alley under the sidewalk east of the building. It is recommended that the building location be no less than 10 feet from the sanitary sewer line and under parking spaces rather than building sidewalks. (11) Height and spread of all plant materials must be speci- fied. All plant materials to be FL No. 1 or better, per grades and standards of the Florida Department of Agri- culture. (12) Ten percent of the total paved area is required to be in "interior greenspace", or 6,603 square feet of green- space, and one tree no less than 12 feet in height with a 6 foot spread is required for every 100 square feet of required greenspace, or 67 "interior trees" (exclusive of perimeter tree requirements). (13) Perimeter tree requirements - RM-10 section requires 1 tree every 25 lineal feet or 22 trees. The SC section requires 1 tree every 40 lineal feet or 15 trees, to total 37 perimeter trees required. (14) Total perimeter tree and "interior tree" requirements represent 104 trees. Applicant has provided only 79 trees and has a deficit of 25 trees. Provide additional trees. (15) Sod and irrigation must be provided to the edge of pavement adjacent to all rights-of-way. (16) Revise site data to reflect only first phase 15,128 square feet or provide plans for second phase 3,128 square feet. (17) Parking In order to calculate the parking requirement additional information is required. (a) Call out the floor area of the indoor display area. (b) The number of service bays in the service area. Procedural Items (18) The alley shall be abandoned and replacement easements granted to the City and appropriate agencies to cover the existing utilities prior to building permit issuance. (19) The sign and its location shall be approved by the Building Department and the CAB. The location for the sign on the paving plans must conform to its location on the site plan. (20) An itemized estimate of the installed cost of all public improvements including water, sanitary sewer, paving, drainage, fire hydrants, sidewalks, irrigation systems, -11- 8/26/86 landscaping, etc., by a registered P.E. must be approved by the City Engineer. (21) A bond or letter of credit on the City form covering 110% of the cost of all public improvements is required prior to building permits. (22) Plans and calculation shall be submitted by a registered P.E. showing compliance with SFWMD criteria. Paving and drainage details are also required. On site paving and drainage shall be privately owned and maintained. (23) The conditional use approvals granted are for (a) East half of site - employee/customer parking only; no display or bullpen parking permitted. (b) West half of site - automotive sales, with the accessory uses of automotive paint and body shop and automotive repair shops and garages also allowed. (24) This approval will expire within eighteen (18) months unless at least twenty-five (25) percent of the total cost of the improvements are made by that time. If the approval expires, a request for an extension must be made in accordance with Section 30-21(E) of the Zoning Code. Staff Recommendations (25) Provide a ground sign, rather than a pole sign. Community Appearance (26) Provide fewer signs on building facias. (27) Locate and screen air conditioners and compressors. Mr. Bird moved for conditional use and site plan approval for Acura of Delray Beach, subject to the conditions, seconded by Mr. Weatherspoon. 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. 17. Conditional Use and Site Plan Approval - Delra¥ Beach Motors Addition (AMC Jeep/Renault). Council is to consider a request for conditional use and site plan approval for a major modification to an existing automobile dealership to provide for an additional parking area, located on the west side of S.E. 5th Avenue, between S.E. 6th Street and S.E. 7th Street. The Planning and Zoning Board and Planning Director recommend approval, subject to the following conditions: Technical Requirements (1) Based on interior and perimeter tree requirements, the applicant is required to provide 24 trees and has pro- vided only 21 trees, 3 additional trees are required. (2) Provide sod to the edge of pavement on S.E. 7th Street and provide irrigation to same. (3) State scale. (4) Indicate appropriate dumpster location. (5) Dedicate five (5) feet of right-of-way on S.E. 7th Avenue prior to building permit issuance for the parking lot. (6) Dimension alley. (7) Show location of any existing signs; only one free- standing sign for the dealership permitted. Eliminate any others. (8) Fence: (a) Cover chain link fence with canvas on exterior surface. (b) Extend fence northward from the new parking bullpen area to a point ten (10) feet south of the north property line. (9) Eliminate light in proposed bullpen area adjacent to alley. (10) The hedge and wall along the alley side of the proposed parking addition are intended as a screen and buffer from adjacent site. Therefore, reverse the wall and hedge as -12- 8/26/86 shown so that the hedge is on the exterior side of the wall. (11) Provide Unity of Title joining lots into one building site. (12) Approval of sign and its location by the Building Depart- ment and CAB is required. Approval of the site plan does not constitute approval of the sign or its location. (13) Site plan and landscape plan must be consistent. (14) Reduce the lighting poles from 35 feet to 25 feet. Procedural Requirements (15) This approval will expire within four (4) months unless at least twenty-five (25) percent of the total cost of the improvements are made by that time. If the approval expires, a request for an extension must be made in accordance with Section 30-21(E) of the Zoning Code. (16) All illegally parked vehicles shall be removed from this site immediately. Mr. Bird moved for conditional use and site plan approval for Delray Beach Motors Addition (AMC Jeep/Renault), subject to the condi- tions, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - No; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. Before roll call the following discussion was had: Mrs. Horenburger questioned why they are considering this expansion as she felt they were looking to eliminating dealerships in the south end of the City. She does not understand why this item got approval and is not in favor of it. At this point the roll was called to the motion. Mr. Bird left the Council Chambers at this time. 18. Water Service Agreement - American National Self-Storage. Council is to consider a request for a water service agreement for a 4.9-acre parcel, located on the east side of North Federal Highway, just north of the Delray Drive-In Theatre. It is zoned CG (General Commer- cial) in the County and C (Commercial) on the City's Land Use plan. The Planning and Zoning Board and Planning Director recommend denial. John Ewse¥chik, representing the applicant, stated they are proposing a combination of an office complex and fast food restaurant along U.S. #1 and the remaining portion to be a mini-storage facility. They understand that staff is developing an ordinance to permit this particular use. They are willing to work with the City on this particu- lar use and abide by the upcoming regulations and feel that this project will help start turning the area around. Mr. Dougherty moved to deny the request for a water service agreement, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Before roll call the following discussion was had: Mr. Dougherty stated that the memorandum dated August 20th recommends denial and the memorandum dated July 30th recommends ap- proval. He would like to know what transpired to cause the change. The City Attorney stated that the memorandum dated July 30th is from the Planning Staff and the one dated August 20th is from the Planning and Zoning Board; therefore, he would assume that the printed agenda is incorrect. -13- 8/26/86 Stan Weedon, Planning Department, advised that the Planning Director changed his recommendation based on discussions with the P&Z Board. Phyllis Plume, P&Z Board member, stated that the City has got to decide where they want warehouses to be and in what zones. The Land Use Advisory Board has recommended that they be moved into Light Indus- trial. The applicant is requesting GC zoning and the City does not provide for warehouses in that district. If they did, it would open the door to warehouses all up and down the main section of the City and also cause spot zoning at this time. At this point the roll was called to the motion. 19. City Comments on Treasure Coast Regional Policy Plan. Council as to consider City comments on proposed Treasure Coast Regional Plan- ning Council transportation policy. Approval is recommended. Mrs. Horenburger moved to approve the comments on the proposed Treasure Coast Regional Planning Council transportation policy and transmittal to the Regional Planning Council, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 20. Appointments - Downtown Development Authority. Council is to consider appointments of two members to the DDA to terms ending July 1, 1989. Mayor Campbell advised they have a request from Connie Tuttle, Chairman of the DDA, that Michael Marino be reappointed and that Roy Simon be appointed. Mrs. Horenburger moved to appoint Michael Marino and Roy Simon to the DDA to terms ending July 1, 1988, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 21. Appointments - Community Appearance Board. Council is to consider appointments of two regular members to the CAB to terms ending August 25, 1988. Mr. Weatherspoon moved to reappoint Digby Bridges and Hugh Stubbins to the CAB to terms ending August 25, 1988, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Mr. Bird returned to the Council Chambers at this time. 22. Ordinance No. 54-86, Referendum Election. Ordinance No. 54-86, relative to providing for a Referendum Election to be held on November 4, 1986 concerning the Delray Beach Enclave Act, is before Council for consideration on First Reading. If passed Public Hearing will be held September 9th. The City Manager presented Ordinance No. 54-86: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR A REFERENDUM ELECTION TO BE HELD NOVEMBER 4, 1986, CONCERNING THE "DELRAY BEACH ENCLAVE ACT" IN ACCORDANCE WITH CHAPTER 86-427, LAWS OF FLORIDA, WHICH PROVIDED THAT THE "DELRAY BEACH ENCLAVE ACT" SHALL TAKE EFFECT ONLY UPON ITS APPROVAL BY A SINGLE MAJORITY VOTE OF THOSE QUALIFIED ELECTORS WITHIN THE CITY OF DELRAY BEACH AND THE ENCLAVES THAT WOULD BE SUBJECT TO ANNEXATION UNDER THIS ACT VOTING IN A REFERENDUM TO BE HELD BY THE CITY OF DELRAY BEACH: SAID "DELRAY BEACH ENCLAVE ACT" PROVIDING FOR DEFINITIONS OF ENCLAVES AND THE GENERAL BOUNDARIES OF THE CITY OF DELRAY BEACH; PROVIDING FOR ANNEXATION BY ORDINANCE OF THE CITY OF -14- 8/26/86 DELRAY BEACH OF SUCH ENCLAVES WITHIN THE GENERAL BOUND- ARIES OF THE CITY OF DELRAY BEACH AS SAME EXISTED ON FEBRUARY 28, 1986; PROVIDING FOR ANNEXATION OF AGRICUL- TURAL USE ENCLAVES; PROVIDING FOR NOTICE; PROVIDING THAT THE PROVISIONS OF CHAPTER 171, FLORIDA STATUTES, EXCEPT- ING SECTION 171.042, SHALL NOT APPLY; PROVIDING FOR APPLICABILITY ONLY WITHIN THE GENERAL BOUNDARIES OF THE CITY OF DELRAY BEACH, WITH CERTAIN EXCLUSIONS FROM SAID GEOGRAPHIC AREA; PROVIDING FOR CONTINUATION OF EXISTING USES IN SUCH ENCLAVES UNDER CERTAIN CONDITIONS, UNTIL TITLE TO THE SUBJECT PROPERTY IS TRANSFERRED; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Marilyn Carr, representing the Citizens Against Political Annexation (CAPA), stated they are not against annexation; however, they are against the way the City went about getting the Enclave Act passed in Tallahassee. She feels this referendum is wrong, inequitable and discriminatory. She asked that Council reconsider this and come back with an annexation law which is fair to the citizens and the City. William Murtha, Chairman of CAPA, concurred with Mrs. Carr. He stated that the City is going to have a battle on their hands as they intend to fight against this referendum. The City Attorney advised that there is a typographical error in Section 1. of the ordinance and advised Council of the error. Mr. Weatherspoon moved for the adoption of Ordinance No. 54-86 on First Reading, as amended, seconded by Mr. Bird. 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. 23. Call for a Referendum Election. Resolution No. 43-86, calling for a Referendum Election to be held November 4, 1986, relative to the Delray Beach Enclave Act, is before Council for consideration. The City Manager presented Resolution No. 43-86: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CALLING FOR A SPECIAL ELECTION ON NOVEM- BER 4, 1986, FOR THE PURPOSE OF CONDUCTING A REFERENDUM WITHIN THE CITY OF DELRAY BEACH AND THOSE ENCLAVES SUBJECT TO ANNEXATION PURSUANT TO THE TERMS AND PROVI- SIONS OF THE "DELRAY BEACH ENCLAVE ACT" (CHAPTER 86-427, LAWS OF FLORIDA); PROVIDING FOR TERMS AND CONDITIONS OF SUCH REFERENDUM ELECTION. (Copy of Resolution No. 43-86 is on file in the official Resolution Book) The City Attorney read the entire Resolution. Mr. Bird moved for the adoption of Resolution No. 43-86, seconded by 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. 24. Proclamation. A proclamation which calls for a Referendum Election to be held November 4, 1986, regarding the Delray Beach Enclave Act pursuant to the City's Code of Ordinances, between the hours of 7:00 A.M. and 7:00 P.M., was presented for Council action. The City Attorney read the proclamation. 25. Ordinance No. 55-86 - Southern Bell Franchise. Ordinance No. 55-86, authorizing and granting to Southern Bell Telephone and Telegraph Company, a franchise for a period of 10 years, is before Council for -15- 8/26/86 consideration on First Reading. If passed, Public Hearing will be held September 9th. The City Manager presented Ordinance No. 55-86: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING AND GRANTING TO SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY PERMISSION TO USE THE PUBLIC STREETS OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE PURPOSE OF ERECTING, CONSTRUCTING AND MAINTAINING LINES OF TELEPHONE AND TELEGRAPH THEREON AND THEREUNDER FOR A PERIOD OF TEN (10) YEARS; SETTING STANDARDS FOR THE PERFORMANCE OF WORK; PROVIDING FOR A FRANCHISE FEE OF ONE PERCENT (1%) AND OTHER CONSIDERATION; PROVIDING FOR INDEMNIFICATION BY THE COMPANY; PROVIDING THE TERM AND EXPIRATION DATE; PROVIDING FOR FORFEITURE OF THE FRAN- CHISE; PROVIDING FOR REQUIRING CITY COUNCIL APPROVAL FOR TRANSFER OF RIGHTS UNDER THE FRANCHISE; PROVIDING FOR LIMITATION OF THE FRANCHISE; PROVIDING FOR ACCEPTANCE OF THIS ORDINANCE; PROVIDING FOR POLICE POWERS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR RENEGOTIATION; PRO- VIDING FOR COPIES; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 55-86 on First Reading, 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. 26. Ordinance No. 56-86 - Amending Zoning Code - Adult Congregate Living Facilities. Ordinance No. 56-86, amending Chapter 30 "Zoning" of the Code of Ordinances to allow adult congregate living facilities as a conditional use in certain zoning districts and establishing parking and supplementary regulations, is before Council for consideration on First Reading. If passed, Public Hearing will be held September 9th. The City Manager presented Ordinance No. 56-86: 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 ADDING A DEFINITION OF ADULT CONGREGATE LIVING FACILITY; AMENDING SECTION 30-17 "SUPPLEMENTARY REGULATIONS" TO DELETE SUBSECTION (T) "ADULT CONGREGATE LIVING FACILITIES" IN ITS ENTIRETY; AMENDING SECTION 30-17 "SUPPLEMENTARY REGULATIONS" BY ENACTING A NEW SUBSECTION (T) "ADULT CONGREGATE LIVING FACILITIES", PROVIDING MINIMUM FLOOR AREA REQUIREMENTS AND SPECIAL REGULATIONS; AMENDING SECTION 30-18 "OFF-STREET PARKING REGULATIONS", (D) "PARKING REQUIREMENTS", (4) "MISCELLANEOUS USES", (b) "ADULT CONGREGATE LIVING FACILITY" BY ADDING "ONE-HALF OF THE REQUIRED PARKING MAY BE PROVIDED ON GRASS, IF PERMIT- TED BY THE CITY"; AMENDING SECTION 30-6.5 "RM (MEDIUM TO MEDIUM HIGH DENSITY DWELLING) DISTRICT", (C) "CONDITIONAL USES" BY ADDING AS A CONDITIONAL USE "ADULT CONGREGATE LIVING FACILITIES, SUBJECT TO SEC. 30-17(T)"; AMENDING SECTION 30-8.2 "PRD-7 (PLANNED RESIDENTIAL) DISTRICT", (C) "CONDITIONAL USES" BY ADDING AS A CONDITIONAL USE "ADULT CONGREGATE LIVING FACILITIES, SUBJECT TO SEC. 30-17(T)"; AMENDING SECTION 30-8.3 "PRD-10 (PLANNED RESIDENTIAL) DISTRICT", (C) "CONDITIONAL USES" BY ADDING AS A CONDITIONAL USE "ADULT CONGREGATE LIVING FACILITIES, SUBJECT TO SEC. 30-17(T)"; AMENDING SECTION 30-8.5 "PRD-M (MEDIUM DENSITY PLANNED RESIDENTIAL DEVELOPMENT) DIS- TRICT'', (C) "CONDITIONAL USES" BY ADDING AS A CONDITIONAL USE "ADULT CONGREGATE LIVING FACILITIES, SUBJECT TO SEC. 30-17(T)"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. -16- 8/26/86 The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 56-86 on First Reading, seconded by Mrs. Horenburger. 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. Mrs. Horenburger left the Council Chambers at this time. 27. Ordinance No. 57-86 - Amending Zoning Code - Continuing Care Facilities. Ordinance No. 57-86, amending Chapter 30 "Zoning" of the Code of Ordinances to allow continuing care facilities as a conditional use in certain zoning districts and providing supplementary regulations, is before Council for consideration on First Reading. If passed, Public hearing will be held September 9th. The City Manager presented Ordinance No. 57-86: 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 ADDING A DEFINITION OF CONTINUING CARE FACILITY; AMENDING SECTION 30-1 "DEFINITIONS" TO DELETE SUBSECTION (101) "LIFE CARE RETIREMENT COMMUNITY" IN ITS ENTIRETY; AMENDING SECTION 30-17 "SUPPLEMENTARY REGULATIONS" BY ENACTING A NEW SUBSECTION (Y) "CONTINUING CARE FACILITIES" , PROVIDING MINIMUM FLOOR AREA REQUIREMENTS AND SPECIAL REGULATIONS; AMENDING SECTION 30-18 "OFF-STREET PARKING REGULATIONS", (D) "PARKING REQUIREMENTS", (4) "MISCELLANEOUS USES", (o) "CONTINUING CARE" TO DELETE "PLUS 1 PER EVERY 4 BEDS IN THE NURSING FACILITY"; AMENDING SECTION 30-6 . 5 "RM (MEDIUM TO MEDIUM HIGH DENSITY DWELLING) DISTRICT", (C) "CONDITIONAL USES" BY ADDING AS A CONDITIONAL USE "CON- TINUING CARE FACILITIES, SUBJECT TO SEC. 30-17 (Y) "; AMENDING SECTION 30-7 "RM-10 (MULTIPLE FAMILY DWELLING) DISTRICT" , (C) "CONDITIONAL USES" BY ADDING AS A CON- DITIONAL USE "CONTINUING CARE FACILITIES, SUBJECT TO SEC. 30-17(Y) "; AMENDING SECTION 30-7.5 "RH (MEDIUM HIGH TO HIGH DENSITY DWELLING) DISTRICT", (C) "CONDITIONAL USES" BY ADDING AS A CONDITIONAL USE "CONTINUING CARE FACIL- ITIES, SUBJECT TO SEC. 30-17(Y)"; AMENDING SECTION 30-8 "RM-15 (MULTIPLE FAMILY DWELLING) DISTRICT", (C) "CONDI- TIONAL USES" BY ADDING AS A CONDITIONAL USE "CONTINUING CARE FACILITIES, SUBJECT TO SEC. 30-17 (Y) "; AMENDING SECTION 30-8.2 "PRD-7 (PLANNED RESIDENTIAL) DISTRICT", (C) "CONDITIONAL USES" BY ADDING AS A CONDITIONAL USE "CONTINUING CARE FACILITIES, SUBJECT TO SEC. 30-17(Y)"; AMENDING SECTION 30-8 . 3 "PRD- 10 (PLANNED RESIDENTIAL) DISTRICT", (C) "CONDITIONAL USES" BY ADDING AS A CON- DITIONAL USE "CONTINUING CARE FACILITIES, SUBJECT TO SEC. 30-17(Y)"; AMENDING SECTION 30-8.5 "PRD-M (MEDIUM DENSITY PLANNED RESIDENTIAL DEVELOPMENT) DISTRICT" , (C) "CON- DITIONAL USES" BY ADDING AS A CONDITIONAL USE "CONTINUING CARE FACILITIES, SUBJECT TO SEC. 30-17 (Y) "; AMENDING SECTION 30-8.7 "RO (RESIDENTIAL OFFICE) DISTRICT", (C) "CONDITIONAL USES" BY ADDING AS A CONDITIONAL USE "CON- TINUING CARE FACILITIES, SUBJECT TO SEC. 30-17 (Y) "; AMENDING SECTION 30-11 "GC (GENERAL COMMERCIAL) DIS- TRICT'', (C) "CONDITIONAL USES" BY ADDING AS A CONDITIONAL USE "CONTINUING CARE FACILITIES, SUBJECT TO SEC. 30-17 (Y) "; AMENDING SECTION 30-12 "SC (SPECIALIZED COMMERCIAL) DISTRICT", (C) "CONDITIONAL USES" BY ADDING AS A CONDITIONAL USE "CONTINUING CARE FACILITIES, SUBJECT TO SEC. 30-17(Y)"; AMENDING SECTION 30-13.1 "LC (LIMITED COMMERCIAL) DISTRICT", (C) "CONDITIONAL USES" BY ADDING AS A CONDITIONAL USE "CONTINUING CARE FACILITIES, SUBJECT TO SEC. 30-17(Y)"; AMENDING SECTION 30-7 "RM-10 (MULTIPLE FAMILY DWELLING) DISTRICT" , (C) CONDITIONAL USES" TO DELETE "LIFE CARE RETIREMENT COMMUNITIES, SUBJECT TO SITE AND DEVELOPMENT PLAN APPROVAL (SEC. 30-22) "; AMENDING -17- 8/26/86 SECTION 30-7.5 "RH (MEDIUM HIGH TO HIGH DENSITY DWELLING) DISTRICT", (C) CONDITIONAL USES" TO DELETE "LIFE CARE RETIREMENT COMMUNITIES, SUBJECT TO SITE AND DEVELOPMENT PLAN APPROVAL (SEC. 30-22)"; AMENDING SECTION 30-8 "RM-15 (MULTIPLE FAMILY DWELLING) DISTRICT", (C) CONDITIONAL USES" TO DELETE "LIFE CARE RETIREMENT COMMUNITIES, SUBJECT TO SITE AND DEVELOPMENT PLAN APPROVAL (SEC. 30-22)"; AMENDING SECTION 30-8.3 "PRD-10 (PLANNED RESI- DENTIAL) DISTRICT", (C) CONDITIONAL USES" TO DELETE "LIFE CARE RETIREMENT COMMUNITIES, SUBJECT TO SITE AND DEVELOP- MENT PLAN APPROVAL (SEC. 30-22)"; AMENDING SECTION 30-8.5 "PRD-M (MEDIUM DENSITY PLANNED RESIDENTIAL DEVELOPMENT) DISTRICT", (C) CONDITIONAL USES" TO DELETE "LIFE CARE RETIREMENT COMMUNITIES, SUBJECT TO SITE AND DEVELOPMENT PLAN APPROVAL (SEC. 30-22)"; 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. 57-86 on First Reading, seconded by Mr. Dougherty. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 'Mayor Campbell declared the meeting adjourned at 8:56 P.M. Clerk 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 August 26, 1986, which .minutes were formally approved and adopted by the City Council 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 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. -18- 8/26/86