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11-18-86SpMtg NOVEMBER 18,1986 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 7:00 P.M., Tuesday, November 18, 1986. Roll call showed: Present - Council Member Malcolm T. Bird (Arrived 7:02 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. Mayor Campbell called the meeting to order and announced that this meeting has been called for the purpose of (1) Canvassing the returns and declaring the results of the November 4, 1986, Special Election; (2) Considering Ordinance No. 89-86. FIRST Reading relative to annexing a 13.304 acre parcel, subject to SC (Specialized Commercial) District, located on the west side of U.S. Highway No.1, between Lindell Boulevard and the C-15 Canal. It is zoned CG (General Commercial) District in the County and designated C (Commercial) on the City's Land Use Plan. If passed, Public Hearing will be held December 16, 1986, and (3) Considering placing a 90 day moratorium on residential development an/or conversion of commercial units to residential units within the GC, SC, CBD and LC Zoning Districts while zoning ordinance changes are being reviewed, to be effective November 18, 1986. 1. The City Attorney reported the City Clerk has presented the results of the Special Referendum Election held on November 4, 1986, as follows: Proposed Delray Beach Enclave Act TOTAL (Total City Precincts & affected County Precincts) FOR 10,202 + 655 Absentee 10,857 AGAINST 2,877 + 164 Absentee 3,041 Mrs. Horenburger moved to approve the results of the voting as provided by the Supervisor of Elections for Palm Beach County and the results of the absentee ballots as counted by the Palm Beach County Canvassing Board as indicated above, 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. Mrs. Horenburger moved to declare that the Delray Beach Enclave Act has been approved at referendum on November 4, 1986, and is there- fore in effect, 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. 2. The City Manager presented Ordinance No. 89-86: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LOCATED IN SECTION 32, TOWNSHIP 46 SOUTH, RANGE 43 EAST, 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 LINDELL BOULEVARD 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; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 89-86 on FIRST Reading, 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. 3. Mr. Bird stated there were some concerns on the part of the Planning and Zoning Board and staff, concerning some of the long range plans. They would like to amend the Zoning Code to reflect our long term goals before any additional conversions are either attempted or put into the works. It is his understanding there are none pending. A short moratorium is necessary to investigate the code; what kind of parking requirements and those kinds of things should be attendant to these changes. We would like to see more people living in the downtown areas and this would give us an opportunity to encourage this. Mr. Bird moved that a moratorium be instituted for a period not to exceed 90 days on conversion of commercial to residential units in the SC, GC, CBD and LC Zoning Districts, effective immediately. seconded by Mrs. Horenburger. 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. Before roll call the following discussion was had: The City Attorney clarified that the effectiveness would be if you had not received all your necessary City approvals as of the present time, that the moratorium would thus be effective. Mr. Dougherty stated that it was inconceivable to him that an important item such as the moratorium be brought before Council without a workshop, any prior notice or backup alluding to it. ~e objected to bringing this to Council and asking the members on such short notice to declare a moratorium. Mrs. Horenburger stated that she had discussed the moratorium with staff prior to this meeting and the only concern she had was the possibility that some of the commercial units in the downtown area would be converted into boarding houses, which are currently allowable, but without proper consideration for parking, etc. She feels it is impor- tant to allow time for the Planning and Zoning Board and staff to have an opportunity to review those portions of the code and thus eliminate any possible further problems with Code Enforcement. Mr. Weatherspoon stated that since there is nothing in the works now, the time allowance might preclude a situation happening until staff has had an opportunity to review the code. Mr. Bird stated someone ought not to make plans and expend funds while relying on the existing ordinances, but make sure they have the last reading prior to getting involved in a conversion of this nature. He feels it is important to allow staff ample time to consider all alternatives before recommending either no change or whatever changes they may want to impose. Helen Coopersmith asked if there would be any changes during the moratorium and Mr. Bird explained the ordinance would be passed in the normal manner. All this says is that if you owned a piece of property which you intended to convert, this puts you on notice that (1) you can't convert it up to the next 90 days, and (2) there may be some change in the ordinance you would want to take into consideration prior to making plans concerning that particular conversion. Mr. Dougherty stated he still did not understand why there was no staff or Planning and Zoning recommendation prior to this meeting. Mayor Campbell stated he was aware of the continuing problem as one of -2- 11/18/86 great urgency and was pleased to see it on the agenda. At this point the roll was called to the motion. Mayor Campbell declared the meeting adjourned at 7:15 P.M. ATTES · ~ 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 November 18, 1986, which minutes were formally approved and adopted by the City Council · -~ City 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. -3- 11/18/86