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09-24-85 SEPTEMBER 24, 1985 A Regular 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, September 24, 1985. 1. Roll call showed: Present - Council Member ~lcolm T. Bird Council Member Marie Horenburger Council Member Jimmy Weatherspoon Mayor Doak S. Campbell Absent - Council Member Arthur Jackel Also present were - City Manager James L. Pennington, and Assistant City Attorney Barbara Hall. 2. The opening prayer was delivered by Council Member Jimmy Weather spoon. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Mrs. Horenburger moved for approval of the minutes of the Regular Meeting of September 10, 1985 and the Special Meeting of Septem- ber 3, 1985, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. BUDGET CONSIDERATION 5. Levying of Tax ~te. Resolution No. 78-85, levying a tax on all properties within the City of Delray Beach, is before Council for consideration. Prior to consideration of passage of this resolution, a public hearing has been scheduled to be held at this time. The City Manager presented Resolution No. 78-85: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, TO LEVY A TAX ON ALL PROPERTIES WITHIN THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO LEVY A TAX FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON BONDED INDEBTEDNESS, AND TO ALLOCATE AND APPROPRIATE SAID COLLECTIONS THEREUNDER. (Copy of Resolution No. 78-85 is on file in the official Resolution Book) The Assistant City Attorney read the entire resolution. 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 Resolution No. 78-85, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon- Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 6. A Public Hearing was held on the Federal Revenue Sharing 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. 7. Appropriations for the 1985/86 Budget. Resolution No. 79-85, relative to making appropriations of sums of money for all neces- sary expenditures of the City from October 1, 1985 to September 30, 1986, is before Council for consideration. Prior to consideration of passage of this resolution, a public hearing has been scheduled to be held at this time. The City Manager presented Resolution No. 79-85: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, MAKING APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH', FLORIDA, FOR THE PERIOD FROM THE 1ST DAY OF OCTO- BER, 19 85, TO THE 30TH DAY OF SEPTEMBER 19 86; TO PRE- SCRIBE THE TERMS, CONDITIONS AND PROVISIONS WITH RESPECT TO THE ITEMS OF APPROPRIATIONS AND THEIR PAYMENT; AND TO REPEAL ALL RESOLUTIONS AND ORDINANCES WHOLLY IN CONFLICT WITH THIS RESOLUTION AND ALL RESOLUTIONS AND ORDINANCES INCONSISTENT WITH THIS RESOLUTION TO THE EXTENT OF SUCH INCONSISTENCY. (Copy of Resolution No. 79-85 is on file in the official Resolution Book) The Assistant City Attorney read the caption of the resolu- tion. A public hearing was held having been legally advertised in com- pliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mrs. Alice Finst, 707 Place Tavant, stated that with the interest in beautifying the City she would like to know what part of the budget is going to assist with beautification activities, hiring addi- tional personnel to assist the City Horticulturist and if that is even being covered at this point in time. Mayor Campbell stated there is a line item appropriation on beautification that has not been funded. Consideration of how that will be funded will be coming up in October when they discuss the beautifica- tion tax. The public hearing was closed. Mr. Bird moved for the adoption of Resolution No. 79- 85, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon- Yes; Mayor Campbell - No. Said motion passed with a 3 to 1 vote. 8.a.1. Mrs. Joan Weir questioned how the citizenry will be notified when there is an opportunity to discuss the subject of beautification and the utility tax. Mayor Campbell stated they will probably workshop these items and they will also go to a regular meeting which will get public notice. This will be discussed in mid-October and he suggested that Mrs. Weir contact the City Manager's Office for further information with regard to the date. 8.a.2. Mr. Robert McCulloch, 1885 N.W. 9th Street, spoke on the subject of crime within the City of Delray Beach. He would like to see a get-tough approach taken by the Police Department and recommended that a daily review of the local crime sheet be made by the Assistant City Manager or a Council Member. 8.a.3. Mr. Martin Perry, representing CRJ Investments, stated they appeared before the Planning and Zoning Board last week and received approval for the proposed Linton Plaza project. They were under the impression that they would be scheduled for a hearing tonight; however, they were not and he is here tonight to request that Council consider hearing their application for site plan approval as they are under considerable time pressures and it will impose a financial hardship if they do not proceed. Mayor Campbell stated he has been furnished a list entitled "Conditions of Approval, Exhibit 1" and questioned if Mr. Perry has had a chance to review it. - 2- 9/24/85 Mr. Perry advised he has and there are three items which he feels are of concern to them and from the City's point of view. With regard to Item 6, they are prepared to commit, tonight, that they will continue to work and reach an agreement which will confirm the realign- ment of Germantown Road. With regard to Item 7, which requests that there be no left turn traffic onto Linton Boulevard, their engineer feels that the day this project opens there will be a need for a traffic signal on Linton Boulevard. They feel the problem will resolve itself; however, they want to make the statement that this will create a problem if they are not able to do this. Their last concern relates to the imposition of the City's 50¢ per square foot impact fee for all office and retail buildings. They have no objection to the office buildings but do object to the retail buildings as there is no ordinance on this. Mr. Bird stated, with regard to Item 7 which addresses the realignment of Germantown Road, he would agree with CRJ's engineer that they are not going to open the project without a traffic light. If the median cut and the light are there he would agree, subject to those two conditions, that a left turn should be permitted, even if the realign- ment occurs at a later time. Mr. Bird moved to grant site plan approvals, subject to the conditions, with the Germantown Road realignment to be worked out and the other minor items enumerated by Mr. Perry, to be subject to a sat- isfactory agreement between staff and the developer, seconded by Mr. Weatherspoon. Mayor Campbell stated they have been talking about an ad- ditional impact fee - $10 a front linear foot for beautification pur- poses. He questioned if CRJ Investments would also agree to this and the City would give them consideration for any voluntary monies paid to date towards the Linton Boulevard beautification. Upon question by Mrs. HOrenburger, Mayor Campbell stated there was no absolute decision made on the $10 fee. He restated his question to ask that if and when the City adopts the ordinance would CRJ be inclined to make a voluntary contribution that would be likewise assessed against all developers, pursuant to the ordinance if it does not exceed $10. Mr. Perry stated CRJ Investments has taken the position that they are prepared to pay whatever is fairly imposed. Mr. Bird amended his motion to include the agreement of the petitioner with regard to the beautification, Mr. Weatherspoon amended his second. Upon roll call Council voted as follows: Mr. Bird - Yes; 5irs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell- Yes. Said motion passed with a 4 to 0 vote. 8.b.1. Mr. Bird stated he has asked staff to come up with some figures relative to the methodology by which the City would collect back the cost of extending utility services to the areas proposed to be annexed by Items 30, 31 and 32. He would recommend that they charge, on the basis of each equivalent residential connection, an amount of ap- proximately $20 per month, amortized over a five year period, added into their utility bills. This would be applied after the sewer is in place; the water charge would be a much lesser amount but the total would approximate $20 with the City to absorb the interest. In order to make the cost of connecting into the City's water and sewer system as ap- propriate as it can be, the amount they will actually spend will be in excess of that as they will need to have capacity to handle additional development in that area. Mr. Bird moved that they charge, on the basis of each equiv- alent residential connection, an amount of approximately $20 per month amortized over a five year period added into the utility bills of the areas proposed to be annexed by Items 30, 31 and 32, seconded by Mr. Weatherspoon. ~ir. Weatherspoon stated that not having seen the actual figures he would not like to vote on this. Mr. Bird stated it is the concept of allowing them the five year period to pay off that investment and not paying the interest he would like Council to vote on tonight. - 3 - 9/24/85 The Assistant City Attorney stated they will have to re- search their ability to charge $20 a month on the utility bills. They could certainly make it a special assessment of the equivalent value and assess it annually; however, she is not sure they could bill it through on the utility bills. Mr. Bird amended his motion to suggest that they do this if it is indeed legally practical; in any event they will not charge in- terest and do it in whatever manner makes the least impact on the home- owner, Mr. Weatherspoon amended his second. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; F~ayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 8.b.2. ~rs. Horenburger requested that they place Mr. Harry Lippert from the Florence Fuller Child Development Center on the next workshop agenda. Funding for this project has not been included in the budget; however, the Head Start program is going to be taken over by the County or the School Board. She feels they should look into whether the funds they give to the Head Start program are going to be required when it is operated differently; if not, they could look at those funds to help with the Child Care matching grant program. Mr. Weatherspoon stated the League of Women Voters is also instrumental in trying to raise funds for the Title 20 program. He asked Mrs. Olivia Wesley, who works in conjunction with the League of Women Voters, to collect some data with regard to the number of child care centers there are in the City and how many slots they will be able to pick up, etc. Hopefully, she will have that information by the next workshop meeting; however, if she does not he feels Council will not be in a position to make any decision. 8.b.3. Mrs. Horenburger stated, with regard to the Youth Council, that they are still not prepared to move ahead on this. She met with the Human Relations Committee yesterday and one of the members talked about a Miami based youth program called Park Winner which is run by Mr. Eddie Alfred. The Human Relations Committee would like to ask Council to meet with them when they can have Mr. Alfred come and present his pr ogram. 8.b.4. 5~rs. Horenburger stated, with regard to the proposed Elemen- tary School on Barwick Road, that they have received confirmation for acceptance of the configuration of the school property. She advised that the configuration of the property has changed in a minor way. The staff of the School Board have looked at the change, approved it and worked it ~out with Mr. Fleming to reconfigure the property to make it more suitable to the school site. They would now like Council's con- currence that they are indeed interested in doing this property switch and that the property will be transferred. This will require a letter from Mr. Fleming and Council agreeing to it and also a letter will be forthcoming from the School Board outlining the infrastructure cost which they propose to share with the City. Mr. Bird moved to direct the Mayor or the Vice-Mayor to send a formal letter to the School Board expressing Council's willingness to transfer the property, subject to the appropriate caveats, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 8.b.5. Mr. Weatherspoon stated that he has noticed that some of the dumpsters on commercial properties are overflowing. He feels they should have the Code Enforcement officers either fine the owners or encourage them to get a larger dumpster. In particular, he is referring to the dumpster at the Washhouse on West Atlantic Avenue and S.W. 9th Avenue. Also, the owner of the Tire Company in that area should be reminded by the City's inspectors that he is causing a nuisance. - 4- 9/24/85 Mayor Campbell stated, with regard to the Washhouse, that he would like the consensus of Council that they instruct the City Manager to write a letter to the property owners involved, be it one, two or three, and indicate to them that Council finds their property to be kept in a public nuisance form of condition, that they should remedy the problem immediately, and if they do not have that property cleaned up to the City's satisfaction within 10 days they will take whatever legal remedy they have at their disposal to correct the situation. It was the consensus of Council that the City Manager write such a letter and that it go out immediately. 8.b.6. Mayor Campbell presented a proclamation proclaiming October 1 - 31, 1985, as "Safety through Songs Month". 8.b.7. Mayor Campbell presented a proclamation proclaiming October 17, 1985, as "Credit Union Day". 8.b.8. Mayor Campbell presented a proclamation proclaiming the week of October 12, 1985, as "Fire Prevention Week". 8.b.9. Mayor Campbell stated that because of water shortages in the past they have required that commercial properties utilize wells. He would like a recommendation, if there is not some other alternate or standby allowance that they might be able to do, allowing business properties to use City water and possibly require them, of their own volition, to switch to a well system when the need is necessary. He questioned if this would pose a problem with regard to the capacity of water in the City and requested that the City Manager look into this. 8.c.1. The Assistant City Attorney requested that Item 28 be re- moved from the Agenda as there was a discrepancy in the legal descrip- tion and they will not be able to make that change between first and second reading. 8.d.1. The City ~nager requested that Items 43, 52 and 56 be removed from the Agenda. 9. Mr. Bi rd moved for agenda approval with the deletion of Items 28, 43, 52 and 56, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. PUBLIC HEARING 10. Ordinance No. 94-85 - Zoning Ordinance Amendment - Creating PRD-L Zoning District. Ordinance No. 94-85, amending Chapter 30 "Zon- ing'' of the Code of Ordinances to create a new zoning district PRD-L to provide a residential zoning district with flexible low density and permitting multiple family and detached single family homes to be de- veloped together, 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. 94-85: 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 ENACTING A NEW SECTION 30-8.4, "PRD-L, LOW TO MEDIUM DENSITY PLANNED RESIDENTIAL DEVELOPMENT DISTRICT"; AND PROVIDING (A) "PURPOSE"; (B) "PERMITTED USES"; (C) "CON- DITIONAL USES"; (D) "DENSITY, SITE AREA, LOT DIMENSIONS"; (E) "AGGREGATE FLOOR AREA"; (F) "BUILDING SETBACKS"; (G) "GROUND FLOOR BUILDING AREA"; (H) "BUILDING HEIGHT"; (I) "PARKING AND LOADING REGU LAT IONS"; ( J ) "WALLS AND FENCES"; (K) "LANDSCAPING"; (L) "SIGNS"; (M) "TOWNHOUSES AND TOWNHOUSE DEVELOPMENTS"; (N) "MINIMUM SPACING BETWEEN BUILDINGS"; (O) "SPECIAL SETBACK PROVISIONS"; (P) "SUP- - 5- 9/24/85 PLEMENTARY REGULATIONS"; (Q) "SITE AND DEVELOPMENT PLAN APPROVAL"; (R) "SPECIAL REGULATIONS", TO INCLUDE GENERAL STANDARDS, BUILDING DESIGN STANDARDS, LANDSCAPE DESIGN STANDARDS, OPEN SPACE DESIGN STANDARDS, CIRCULATION SYSTEM DESIGN STANDARDS, PARKING AND LOADING DESIGN STANDARDS, AS WELL AS STANDARDS FOR THE MEASUREMENT OF SETBACKS, ACCESSORY BUILDINGS AND STRUCTURES, SWIMMING POOLS, FRONTAGE ON CURVING STREETS AND CUL-DE-SACS, AND SCR~ENSD ENCLOSURES; PROVIDING FOR (S) "PARK AND RECRE- ATIONAL LAND DEDICATION"; (T) "PERFORMANCE STANDARDS"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 94-85 is on file in the official Ordinance Book) The Assistant City Attorney read the caption of the ordi- nance. A public hearing was held having been legally advertised in compliance with the lawns 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. 94-85 on Second and FINAL Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 11. Ordinance No. 95-85 - Zoning Ordinance Amendment - Creating PRD-M Zoning District. Ordinance No. 95-85, amending Chapter 30 "Zon- ing'' of the Code of Ordinances to create a new zoning district PRD-M to provice a residential zoning district with flexible medium density and permitting multiple family and detached single family homes to be de- veloped together, 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. 95-85: AN ORDINANC5 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 ENACTING A NEW SECTION 30-8.5, "PRD-M, MEDIUM DENSITY PLANNED RESIDENTIAL DEVELOPMENT DISTRICT"; AND PROVIDING (A) "PURPOSE"; (B) "PERMITTED USES"; (C) "CONDITIONAL USES"; (D) "DENSITY, SITE AREA, LOT DIMENSIONS"; (E) "AGGREGATE FLOOR AREA"; (F) "BUILDING SETBACKS"; (G) "GROUND FLOOR BUILDING AREA"; (H) "BUILDING HEIGHT"; (I) PARKING AND LOADING REGULATIONS"; (J) "WALLS AND FENCES"; ( K ) "LANDSCAPING"; ( L ) "SIGNS"; (M) "TOWNHOUS ES AND TOWNHOUSE DEVELOPMENTS"; (N) "MINIMUM SPACING BETWEEN BUILDINGS"; (O) "SPECIAL SETBACK PROVISIONS"; (P) "SUP- PLEMENTARY REGULATIONS"; (Q) "SITE AND DEVELOPMENT PLAN APPROVAL"; (R) "SPECIAL REGULATIONS", TO INCLUDE GENERAL STANDARDS , BUILDING DESIGN STANDARDS , LANDSCAPE DESIGN STANDARDS, OPEN SPACE DESIGN STANDARDS, CIRCULATION SYSTEM DESIGN STANDARDS, PARKING AND LOADING DESIGN STANDARDS, AS WELL AS STANDARDS FOR THE MEASUREMENT OF SETBACKS, ACCESSORY BUILDINGS AND STRUCTURES, SWIMMING POOLS, FRONTAGE ON CURVING STREETS AND CUL-DE-SACS, AND SCREENED ENCLOSURES; PROVIDING FOR (S) "PARK AND RECRE- ATIONAL LAND DEDICATION"; (T) "PERFORMANCE STANDARDS"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFFECTIVE DATE. (Copy of Ordinance No. 95-85 is on file in the official Ordinance Book) The Assistant City Attorney read the caption of the ordi- nance. 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. - 6- 9/24/85 5~rs. Horenburger moved for the adoption of Ordinance No. 95-85 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird- Yes; Mrs. Horenburger - Yes; ~lr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 12. Ordinance No. 102-85 - Zoning Ordinance Amendment - PCC Zoning District. Ordinance No. 102-85, amending Chapter 30 "Zoning" of the Code of Ordinances relative to Section 30-15.2, PCC (Planned Com- merce Center) District, 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. 102-85: AN ORDINANCe. OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH', FLORIDA, AMENDING CHAPTER 30, "ZONING" , OF THE CODE OF ORDINANCES OF TRE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING SECTION 30-15.2, "PCC PLANNED COMMERCE CENTER DISTRICT", AND ENACTING A NEW SECTION 30-15.2, "PCC, PLANNED COMMERCE CENTER DISTRICT ", WHICH PROVIDES (A) "PURPOSE"; (B) "DEFINITION"; (C) "DEVELOPMENT AP- PROVAL PROCESS"; (D) "GENERAL USE AREAS AND PERMITTED USES"; (E) "CONDITIONAL USES"; (F) "USES PROHIBITED"; (G) "SITE AREA AND LOT DIMENSIONS"; (H) "BUILDING SETBACKS"; (I) "GROUND FLOOR BUILDING AREA"; (J) "TOTAL FLOOR AREA"; (K) "BUILDING HEIGHT"; (L) "PARKING AND LOADING"; (M) "DISTRICT BOUNDARY LINES"; (N) "LANDSCAPING AND OPEN SPACE"; (O) "SIGNS"; (P) "SPECIAL REGULATIONS"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 102-85 is on file in the official Ordinance Book) The Assistant City Attorney read the caption of the ordi- nance. 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. Upon question by Mayor Campbell as to whether or not those properties already zoned under PCC, who have site plan approval, would be affected by this ordinance, the Assistant City Attorney stated, if they have site plan approval and comply with the requirements in the Zoning Ordinance, it would vest their rights in that site plan. Mr. Roger Saberson, representing Cedarwood, stated there are two requirements within this ordinance: one is that you must have a minimum of two tenants per 15,000 square feet on the average and the other is that a tenant cannot be less than 5,000 square feet. He is requesting that Council consider deleting the requirement of having a minimum of 5,000 square feet. They feel that this could present a problem; if one tenant would like to lease 12,000 square feet then there would be 3,000 square feet left unrented. Mr. Bird stated that he feels this is an appropriate re- quest. He had previously talked to the Planning Director and suggested that the protection of having it limited to two tenants is actually built in; to further restrict it is unnecessary and presents a hardship which could be avoided. The public hearing was closed. Mr. Bird moved for the adoption of Ordinance No. 102-85 on Second and FINAL Reading, subject to a change in the wording relating to minimum size deleting the requirement for 5,000 square feet leaving the text to read that the building shall be a minimum of 1,500 square feet, with not more than two tenants per building, seconded by Mr. Weatherspoon. (NOTE: It was clarified at the end of the meeting that the building should be a minimum of 15,000 square feet, not 1,500 square feet). Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon- Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. - 7- 9/24/85 Mayor Campbell stated there is an applicant this evening who will be affected by Ordinance No. 103-85 if they enact it before his zoning request. He suggested that they skip over Item 13 until they have considered Item 15 and hear it after that item. Mrs. Horenburger moved to amend the agenda to reflect that Item 13 will be heard after Item 15, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird- Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 5~s. Horenburger left the Council Chambers at this time. 14. Ordinance No. 104-85 - Zoning Ordinance Amendment - LC Zoning District. Ordinance No. 104-85, amending Chapter 30 "Zoning" of the Code of Ordinances relative to Section 30-13.1, LC (Limited Com- mercial) District, 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. 104-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACR¥ FLORIDA, AMENDING CHAPTER 30, "ZONING", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 30-13.1, "LC LIMITED COMMERCIAL DISTRICT", BY A~iENDING SUBSECTION (A) , "PURPOSE", TO ESTABLISH CERTAIN STANDARDS FOR TH~ LC LIMITED COMMERCIAL DISTRICT; BY AMENDING SUBSECTION (B), "PERMITTED USES", BY PROVIDING FOR DRY CLEANING, LIMITED TO 1500 SQUARE FEET, DRY CLEANING PICK-UP STATIONS, HOME FURNISHINGS, TRAVEL AGENCIES, AND TV SALES AND REPAIR USES, AND BY DELSTING COCKTAIL LOUNGES, BARS, AND PACKAGE LIQUOR STORE USES; AND BY AMENDING SUBSECTION (C), "CONDITIONAL USES", BY PROVIDING FOR COCKTAIL LOUNGES AND BARS TO PROVIDE SUFFICIENT INGRESS AND EGRESS , AND BY PROVIDING FOR GASOLINE SERVICE STA?IONS, EXCEPTING THAT NO GAS STATIONS SHALL BE PERMITTED IN THE GEOGRAPHICAL AREA PRESENTLY LOCATED ON EAST ATLANTIC AVENUE BOUNDED ON THE WEST BY THE INTRACOASTAL WATERWAY AND ON THE EAST BY THE ATLANTIC OCEAN; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DAT E. (Copy of Ordinance No. 104-85 is on file in the official Ordinance Book) The Assistant City Attorney read the caption of the ordi- nance. 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 adoption of Ordinance No. 104-85 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 0 vote. ~irs. HOrenburger returned to the Council Chambers at this time. 15. Ordinance No. 73-85 - Changing the City's Land Use Plan Designation (Eisen). Ordinance No. 73-85, relative to changing the City's Land Use Plan Designation in the Comprehensive Plan for a 0.52- acre parcel from MF-10-Multiple Family to POI Professional, Office and Institutional, located at the northwest corner of Linton Boulevard and S.W. 4th Avenue, 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. - 8- 9/24/85 The City Manager presented Ordinance No. 73-85: 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 IN SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST FROM MF-10- MULTIPLE FAMILY TO POI PROFESSIONAL, OFFICE, AND INSTI- TUTIONAL; AMENDING THE LAND USE PLAN; PROVIDING AN EFFEC- T IVE DAT E. (Copy of Ordinance No. 73-85 is on file in the official Ordinance Book) The Assistant City Attorney read the caption of the ordi- nance. 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. 5ir. Peter Fayman, representing the property owners, stated that this ordinance first came before Council in July, 1985 and it was postponed at that time pending receipt of the Growth Management Study. At the last regular meeting Mr. Bird made the comment that this ordi- nance may conflict with Ordinance No. 103-85. He requested that Council pass this ordinance with an amendment that it not be subject to the provisions of Section 6 of Ordinance No. 103-85, which requires a min- imum development of 3 acres. Their property is ½ acre upon which a three story office building is to be built. The public hearing was closed. ~Ir. Weatherspoon moved for the adoption of Ordinance No. 73-85 on Second and FINAL Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - No; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 1 vote. Before roll call the following discussion was had: Mr. Bird stated it is his understanding that the subject property is currently zoned in the County as multi-family and on the City's Land Use Plan as residential. He is concerned that the surround- ing property is still zoned residential; to grant the petition before Council tonight is to make a statement that the subject property and the surrounding property will become office. For this reason he is opposed to this request. Mr. Weatherspoon stated that the property owner has gone through the neccessary procedures to have this property rezoned. The petition was postponed by Council and, therefore, he feels that the petitioner's request should be granted. Mayor Campbell stated he can understand Mr. Bird's reluc- tance; however, considering the alternate choices between POI and what the developer could do with the property he feels that POI is the best zoning for that site. With regard to what is actually built there, they will have another chance to review this at the site plan approval stage. The Assistant City Attorney stated she cannot see a way they can put in this rezoning ordinance an exemption from the requirements of Ordinance No. 103-85; however, something could be placed in Ordinance No. 103-85 where it addresses exemptions from the minimum lot size requirement s. Upon question by ~rs. Horenburger, the Assistant City At- torney advised if it is a minor change or clarification within Ordinance No. 103-85 they can make it at second reading. If it is a substantive change they would have to go back to first reading. At this point the roll was called to the motion. - 9 - 9/24/85 13. Ordinance No. 103-85 - Zoning Ordinance Amendment - POC District. Ordinance No. 103-85, amending Chapter 30 "Zoning" of the Code of Ordinances relative to Section 30-15.3, POI (Professional, Office and Institutional)~ District to establish a new POC (Planned Office Center) District, and necessary amendments to the definition section of the zoning code, 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. 103-85: 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 30-15.3, "POI PROFESSIONAL, OFFICE, AND INSTITUTIONAL DISTRICT", BY CHANGING THE NAME OF THE ZONING DISTRICT TO "POC, PLANNED OFFICE CENTER"; BY AFiENDING SUBSECTION (A) "PURPOSE", TO INCLUDE WITHIN THE PURPOSES OF THE ZONING DISTRICT THE INTENT THAT SUCH' DEVELOPMENTS CONSIST OF PLANNED UNIFIED COMPLEXES; BY ENACTING A NEW SUBSECTION (B) "DEFINITIONS", TO PROVIDE A DEFINITION OF PLANNED OFFICE CENTERS; BY A~'~ENDING SUB- SECTION (B) "PERMITTED USES", TO RELETTER THE SUBSECTION AS (C) AND TO INCLUDE MEDICAL AND DENTAL LABORATORIES AS A PERMITTED USE; BY AMENDING SUBSECTION (C) "CONDITIONAL USES" TO RELETTER THAT SUBSECTION TO (D) AND TO INCLUDE · AS CONDITIONAL USES: DAY CARE CENTERS, KINDERGARTENS, NURSERY SCHOOLS, AND OTHER PRESCHOOL FACILITIES AS WELL AS RESIDENTIAL ALL-SUITE LODGING; BY AMENDING SUBSECTION (D) "LOT DIMENSIONS AND SITE AREA", TO RELETTER THAT SUBSECTION TO (E) AND TO PROVIDE CERTAIN MINIMUM PARCEL SIZES AND LOT SIZES WITHIN THE ZONING DISTRICT; BY AMEND- ING SUBSECTION (E) "BUILDING SETBACKS", TO RELETTER THAT SUBSECTION TO (F) AND TO REQUIRE A TWENTY-FIVE (25) FOOT SETBACK WHERE PROPERTY ABUTS RESIDENTIAL ZONING DISTRICTS AND TO REQUIRE LANDSCAPING WITHIN THE SETBACKS; BY AMEND- ING SUBSECTIONS (F) THROUGH (J) TO RELETTER THOSE SUBSEC- TIONS TO (G) THROUGH (K); BY REPEALING SUBSECTION (K) "LANDSCAPING", AND ENACTING A NEW SUBSECTION (L) "LAND- SCAPING AND OPEN SPACE", WHICH REQUIRES TWENTY-FIVE (25) PERCENT OF THE SITE TO BE NON-VEHICULAR OPEN SPACE AND TO BE LANDSCAPED; BY AMENDING SUBSECTION (L) "SIGNS", TO RELETTER IT TO SUBSECTION (M) "SIGNS"; BY AMENDING SUB- SECTION (M) "SPECIAL REGULATIONS", BY RELETTERING IT TO SUBSECTION (N), AND BY PROVIDING SPECIAL REGULATIONS FOR RESIDENTIAL ALL-SUIT~ LODGING; PROVIDING A GENERAL RE- PEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 103-85 is on file in the official Ordinance Book) The Assistant City Attorney read the caption of the ordi- nance. 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. Mr. Peter Fayman stated that in order to grandfather in the property just approved by Ordinance No. 73-85 Council will need to amend this ordinance by adding a new section. Mr. Bird stated he does not feel a new section is necessary; all that needs to be done is to change subparagraph (E) under Section 6 to read "Except where POI or SAD zoning is in place prior to passage of this ordinance " Following discussion, the Assistant City Attorney clarified that the wording should be "Except where a parcel had been approved for development under POI or SAD zoning prior to passage of this ordi- ns RCS,.. . - 10- 9/24/85 Mr. Michael Botos, stated he is in a similar situation with Items 16 and 17. Those applications were filed about the same time as Mr. Fayman' s, under the same type of circumstances, and he would like a similar exception. Mrs. Horenburger moved for a continuance of the public hearing on Ordinance No. 103-85 to the end of the agenda, seconded by Mr. Bird. Mr. Robert McCulloch requested that they consider Ordinance No. 103-85 before Item 26 as his property is also affected. Mr. Bird made a substitute motion to move the public hearing on Ordinance No. 103-85 (Item 13) to follow Item 38 and Item 26 to follow Item 13, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 16. O.rdinance No. 78-85 - Changing the City's Land Use Plan Designation (Sands O'Sea Subdivision-Garfield). Ordinance No. 78-85, relative to changing the City's Land Use Plan Designation in the Compre- hensive Plan for a 2.117-acre parcel from SF (Single Family) to C (Com- mercial), located at the northwest corner of Linton Boulevard and S.W. 10th Avenue, 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. 78-85: 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 LOTS 27 THROUGH 30, INCLUSIVE, AND LOTS 43 THROUGH 46, INCLUSIVE, LESS THE SOUTH 23 FEET THEREOF, SANDS O'SEA SUBDIVISION, AN ADDI- TION TO THE COUNTY OF PALM BEACH', ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 21, PAGE 27 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, FROM SF-SINGLE FAMILY TO C-COMMERCIAL; AMENDING THE LAND USE PLAN; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 78-85 is on file in the official Ordinance Book) The Assistant City Attorney read the caption of the ordi- nance. 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. 78-85 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 17. Ordinance No. 79-85 - Changing the City's Land Use Plan Designation (Sands O'Sea Subdivision- Tradewinds). Ordinance No. 79-85, relative to changing the City's Land Use Plan Designation in the Comprehensive Plan for Lots 1 through 26, inclusive and Lots 47 through 52, inclusive from SF-Single Family to C-Commercial, located north of Linton Boulevard between Germantown Road and S.W. 10th Avenue, is before Council for consideration on Second and FINAL Reading. Prior to con- sideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. - 11- 9/24/85 The City ~anager presented Ordinance No. 79-85: 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 LOTS 1 THROUGH 26, INCLUSIVE, AND LOTS 47 THROUGH 52, INCLUSIVE, SANDS O'SEA SUBDIVISION, AN ADDITION TO THE COUNTY OF PALM BEACH', ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 21, PAGE 27, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, TOGETHER WITH THE LAND SHOWN AS QUEENS AVENUE AND PRINCESS BOULEVARD WHICH ABUTS THE FOREGOING LOTS IN THE SANDS O'SEA SUBDIVISION, AND TOGETHER WITH THAT TRIANGULAR PARCEL OF LAND BOUNDED BY GERMANTOWN ROAD ON THE WEST, LINTON BOULEVARD ON THE SOUTH AND LOT 52, SANDS O'SEA SUBDIVISION ON THE EAST, FROM SF-SINGLE FAMILY TO C-COMMERCIAL; AMENDING THE LAND USE PLAN; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 79-85 is on file in the official Ordinance Book) The Assistant City Attorney read the caption of the ordi- nance. 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. ~]r. Weatherspoon moved for the adoption of Ordinance No. 79-85 on Second and FINAL Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 18. Ordinance No. 80-85 - Changing the City's Land Use Plan Designation (Lake Ida Commerce Center). Ordinance No. 80-85, relative to changing the City's Land Use Plan Designation in the Comprehensive Plan for a 49.95-acre parcel from MF-10-Multiple Family to PCC-Planned Commerce Center, located at the northeast corner of Congress Avenue and Lake Ida Road, 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. 80-85: 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 PARCELS OF LAND IN SECTIONS 7 AND 8, TOWNSHIP 46 SOUTH', RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, FROM MF- 10-MULTIPLE FAMILY TO PCC-PLANNED COMMERCE CENTER. THE SUBJECT PROPERTY IS LOCATED AT THE NORTHEAST CORNER OF CONGRESS AVENUE AND LAKE IDA ROAD; AMENDING THE LAND USE PLAN; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 80-85 is on file in the official Ordinance Book) The Assistant City Attorney read the caption of the ordi- nance. 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. 80-85 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. HOrenburger - Yes; Mr. Weatherspoon - Yes; ~layor Campbell - Yes. Said motion passed with a 4 to 0 vote. - 12- 9/24/85 19. Ordinance No. 81-85 - Lake Ida Commerce Center Rezonin~. Ordinance No. 81-85, relative to rezoning a 49.95-acre parcel from RM-10 (Multiple Family Dwelling) District to PCC (Planned Commerce Center) District, located at the northeast corner of Congress Avenue and Lake Ida Road, is before Council for consideration on Second and FINAL Read- ing. 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. 81-85: 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 PCC (PLANNED COMMERCE CENTER) DISTRICT PARCELS OF LAND LYING IN SEC- TIONS 7 AND 8, TOWNSHIP 46 SOUTH, RANGE 43 EAST. SAID LAND IS LOCATED AT THE NORTHEAST CORNER OF CONGRESS AVENUE AND LAKE IDA ROAD, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983". (Copy of Ordinance No. 81-85 is on file in the official Ordinance Book) The Assistant City Attorney read the caption of the ordi- nance. 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. Mr. Andy Carlino, representing the petitioner, stated that Item 4 of the Conditions of Approval require 6 foot sidewalks on each side of the internal street system. They feel that that same intent can be accommodated by providing a pedestrian circulation plan on one side of the subject road. Council concurred that that would be agreeable. With regard to Item 7, Mr. Carlino stated they have met with the County Traffic Division and in their meetings they determined that a left turn in would not be appropriate; however, they did say that a left turn out could be accommodated as long as the owners put in a median prohibiting any left turn in. If Council is willing to concur with the County they would like to have the left turn out. There have been no detailed design drawings made; however, should Palm Beach County say that it will not work then they will live with that decision. Discussion was had with regard to the storage capacity of the left turn out lane. It was the consensus of Council not to consider this request. Mayor Campbell stated that the petitioner can always amend his site plan and come back later. With regard to Item 8, Mr. Carlino stated the traffic num- bers indicate that their contribution will be less than 4% at that intersection. They feel it is unfair to force the developer to improve the intersection based on that minimal impact. In addition, they are contributing considerable traffic impact fees and would be willing to make the improvements if they would be credited towards the impact fees. ~ayor Campbell stated he agrees with Mr. Carlino; the whole purpose of the impact fee is to assess the project and receive money to pay for the necessary road improvements in that area. Mrs. Horenburger stated she disagrees and cited the Delint Center as a project where they asked them to make major improvements above and beyond what was required. HOwever, she does have a problem with the way Item 8 is written and suggested that they make it a little more flexible than it seems to be. Mr. Bird suggested that they ask the developer to do the median which was discussed in the previous item and the right turn lane onto Congress Avenue and leave the subject at that point. It was the consensus of Council that they agree with Mr. Bird's suggestion. - 13- 9/24/85 With regard to Item 11, Mr. Carlino stated he would like to clarify that the improvements to be bonded apply to internal improve- ments as stated in the City's Subdivision Ordinance; the County does not require bonding but rather they require the improvements. Upon question by Mayor Campbell as to whether or not they would be willing to participate if they adopted a linear front footage charge not to exceed $10 for beautification, Mr. Carlino stated yes they would. Mr. Carlino stated that in Exhibit 1 where it refers to "common access" he would like it clarified that that language refers to the parcels access to the internal road system, not common access be- tween parcels themselves. The Assistant City Attorney advised that they have received a letter from the Treasure Coast Regional Planning Council advising them that, according to their calculations of the office space, they find that this project comes above 80% of the 3,000 square foot DRI thresh- old. They are recommending that the City ask the applicant to go for a binding letter stating that this is not a DRI. She understands that the applicant is willing to go through that process; however, the Planning Department would like the letter before site plan approval. Mr. Bird stated they could approve the site plan but with- hold building permitting until they receive the binding letter. The developer could then move forward with some of the engineering work but not build anything of substance. Upon question by the Assistant City Attorney, Mr. Saberson stated, for the record, that they will submit for a binding letter and whatever comes out of that they will be bound to. The public hearing was closed. Mrs. Horenburger moved for the adoption of Ordinance No. 81-85 on Second and FINAL Reading, subject to the amended conditions, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: 5~r. Bird - Yes; Mrs. HOrenburger - Yes; Mr. Weatherspoon- Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Mayor Campbell left the Council Chambers at this time. Vice-Mayor Horenburger took the chair. 20. Ordinance No. 82-85 - Changing the City's Land Use Plan Designation (Old Harbor Office and Bank Facility II). Ordinance No. 82-85, relative to changing the City's Land Use Plan Designation in the Comprehensive Plan for a 9.94-acre parcel from MF-6 (Multiple Family to C (Commercial), located at the southeast corner of U.S. No. 1 and Linton Boulevard, 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. 82-85: 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 OLD HARBOR OFFICE AND BANK FACILITY, AS RECORDED IN PLAT BOOK 42, PAGE 61, AND OLD HARBOR OFFICE AND BANK FACILITY II, AS RECORDED IN PLAT BOOK 42, PAGE 62, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, FROM MF-6 MULTIPLE FAMILY TO C-COMMERCIAL. THE SUBJECT PROPERTY IS LOCATED AT THE SOUTHEAST CORNER OF U.S. NO. 1 AND LINTON BOULEVARD; AMENDING THE LAND USE PLAN; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 82-85 is on file in the official Ordinance Book) - 14- 9/24/85 The Assistant City Attorney read the caption of the ordi- nance. 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. 82-85 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Weatherspoon - Yes; Vice-Mayor HOrenburger - Yes. Said motion passed with a 3 to 0 vote. 21. Ordinance No. 83-85 - Old Harbor Office and Bank Facility II Rezonin~. Ordinance No. 83-85, relative to rezoning a 9.94-acre parcel from SAD (Special Activities District) to LC (Limited Commercial) Dis- trict, located at the southeast corner of U.S. No. 1 and Linton Boule- vard, 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. 83-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH~, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED SAD (SPECIAL ACTIVITIES) DISTRICT IN LC (LIMITED COMMER- CIAL) DISTRICT, OLD HARBOR OFFICE AND BANK FACILITY, AS RECORDED IN PLAT BOOK 42, PAGE 61, AND OLD HARBOR OFFICE AND BANK FACILITY II, AS RECORDED IN PLAT BOOK 42, PAGE 62, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID LAND IS LOCATED AT THE SOUTHEAST CORNER OF U.S. NO. 1 AND LINTON BOULEVARD, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983". (Copy of Ordinance No. 83-85 is on file in the official Ordinance Book) The Assistant City Attorney read the caption of the ordi- nance. 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. Mrs. Elizabeth F~tthews, 1024 White Drive, questioned why they are rezoning this property from SAD when it was was supposed to be ~n iron-clad zoning which could never be changed. Vice-Fiayor Horenburger stated she is in favor of seeing the SAD zoning categories cleaned up. This property is already developed and the present uses will be exactly the same as in the LC zoning. The public hearing was closed. Mr. Bird moved for the adoption of Ordinance No. 83-85 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Weatherspoon - Yes; vice-Mayor Horenburger - Yes. Said motion passed with a 3 to 0 vote. 22. Ordinance No. 84-85 - Chan~in~ the City's Land Use Plan Designation (Old Harbor Plaza). Ordinance No. 84-85, relative to chang- ing the City's Land Use Plan Designation in the Comprehensive Plan for a 6.59-acre parcel from MF-15-Multiple Family to C-Commercial, located at the northeast corner of U.S. No. 1 and Linton Boulevard, is before Council for consideration on Second and FINAL Reading. Prior to con- sideration 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. 84-85: 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 OLD HARBOR PLAZA, AS RECORDED IN PLAT BOOK 42, PAGE 60, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, FROM MF-15 MULTIPLE FAMILY TO C-COMMERCIAL. THE SUBJECT PROPERTY IS LOCATED AT THE NORTHEAST CORNER OF U.S. NO. 1 AND LINTON BOULEVARD; AMENDING THE LAND USE PLAN; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 84-85 is on file in the official Ordinance Book) - 15 - 9/24/85 The Assistant City Attorney read the caption of the ordi- nance. 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. ~]r. Bird moved for the adoption of Ordinance No. 84-85 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bi rd - Yes; Mr. Weatherspoon - Yes; Vice-Mayor Horenburger - Yes. Said motion passed with a 3 to 0 vote. 23. Ordinance No. 85-85 - Old Harbor Plaza Rezonin~. Ordinance No. 85-85, relative to rezoning a 6.59-acre parcel from SAD (Special Activities District) to LC (Limited Commercial) District, located at the northeast corner of U.S. No. 1 and Linton Boulevard, 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. 85-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED SAD (SPECIAL ACTIVITIES) DISTRICT IN LC (LIMITED COMMER- CIAL) DISTRICT OLD HARBOR PLAZA, AS RECORDED IN PLAT BOOK 42, PAGE 60, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID LAND IS LOCATED AT THE NORTHEAST CORNER OF U.S. NO. 1 AND LINTON BOULEVARD AND AMENDING "ZONING MAP OF DELRAY BEACH', FLORIDA, 1983". (Copy of Ordinance No. 85-85 is on file in the official Ordinance Book) The Assistant City Attorney read the caption of the ordi- nance. 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. 85-85 on Second and FINAL Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Weatherspoon - Yes; Vice-Mayor Horenburger - Yes. Said motion passed with a 3 to 0 vote. 24. Ordinance No. 86-85 - Chan~in~ the City's Land Use Plan Designation (Temple Gardens). Ordinance No. 86-85, relative to changing the City's Land Use Plan Designation in the Comprehensive Plan for a 22.57-acre parcel from SF Single Family to MF-10 Multiple Family, lo- cated on the north side of the L-33 Canal, between Davis Road and High Point of Delray, 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. 86-85: 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 TRACTS OF LAND LYING AND BEING IN SECTION 18, TOWNSHIP 46 SOUTH', RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, FROM SF-SINGLE FAMILY TO MF-10-MULTIPLE FAMILY. THE SUBJECT PROPERTY IS LO- CATED ON THE NORTH SIDE OF THE L-33 CANAL, BETWEEN DAVIS ROAD AND HIGH POINT OF DELRAY; AMENDING THE LAND USE PLAN; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 86-85 is on file in the official Ordinance Book) The Assistant City Attorney read the caption of the ordi- nance. 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. - 16- 9/24/85 Mr. Bird moved for the adoption of Ordinance No. 86-85 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Weatherspoon - Yes; Vice-Mayor Horenburger - Yes. Said motion passed with a 3 to 0 vote. 25. Ordinance No. 87-85 - Chan~ing the City's Land Use Plan Designation (Delra¥ Shores Professional Plaza). Ordinance No. 87-85, relative to changing the City's Land Use Plan Designation in the Com- prehensive Plan for all the units 1-1 through 1-22 and 2-1 through 2-22 from MF-10 Multiple Family to POI Professional, Office and Institu- tional, located on the south side of Lake Ida Road between Congress Avenue and Davis Road, 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. 87-85: 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 ALL THE UNITS (1-1 THROUGH 1-22 AND 2-1 THROUGH 2-22) DELRAY SHORES PROFES- sIONAL PLAZA ALSO KNOWN AS 2100 AND 2150 LAKE IDA ROAD, DELRAY BEACH. FORMERLY KNOWN AS PARCEL A, LESS W5 ', OF MCCULLOCH PLAT NO. 1, RECORDED IN PLAT BOOK 45, PAGE 31. A REPLAT OF LOTS 1 THROUGH 7, BLOCK 1, DELRAY SHORES, RECORDED IN PLAT BOOK 24, PAGES 232 AND 233 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, FROM MF-10 MUL- TIPLE FASIILY TO POI- PROFESSIONAL, OFFICE, AND INSTITU- TIONAL. THE SUBJECT PROPERTY IS LOCATED ON THE SOUTH SIDE OF LAKE IDA ROAD BETWEEN CONGRESS AVENUE AND DAVIS ROAD; AMENDING THE LAND USE PLAN; PROVIDING AN EFFECTIVE DAT E. (Copy of Ordinance No. 87-85 is on file in the official Ordinance Book) The Assistant City Attorney read the caption of the ordi- nance. 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. 87-85 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Weatherspoon - Yes; Vice-Mayor Horenburger - Yes. Said motion passed with a 3 to 0 vote. 27. Ordinance No. 89-85 - Chan~in~ the City's Land Use Plan Designation (Fleming). Ordinance No. 89-85, relative to changing the City's Land Use Plan Designation in the Comprehensive Plan for a 142.3- acre parcel from SF Single Family to PRD-L Planned Residential Develop- ment - Low Density, located on the north side of the L-31 Canal, between Barwick Road and Davis Road, 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. 89-85: 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 12, TOWNSHIP 46 SOUTH', RANGE 42 EAST, FROM SF-SINGLE FAMILY TO PRD-L PLANNED RESIDEN- TIAL DEVELOPMENT-LOW DENSITY; AMENDING THE LAND USE PLAN; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 89-85 is on file in the official Ordinance Book) - 17- 9/24/85 The Assistant City Attorney read the caption of the ordi- nance. 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. 89-85 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Weatherspoon - Yes; Vice-Mayor Horenburger - Yes. Said motion passed'with a 3 to 0 vote. 29. Ordinance No. 91-85 - Changing the City's Land Use Plan Des- si~nation (Government Center Complex). Ordinance No. 91-85, relative to changing the City's Land Use Plan Designation in the Comprehensive Plan for all of Blocks 37 and 45, together with that portion of S.W. 3rd Avenue lying south of Atlantic Avenue and north of S.W. 1st Street, between Blocks 37 and 45 from R-Recreation and Open Space and C-Commer- cial to P-Public, 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 M~nager presented Ordinance No. 91-85: 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 ALL OF BLOCK 37, CITY OF DELRAY BEACH', FORMERLY LINTON, AS RECORDED IN PLAT BOOK 9, PAGE 66, OF THE PUBLIC RECORDS OF PALM BEACH' COUNTY, FLORIDA; ALL OF BLOCK 45, DELRAY BEACH', AS RE- CORDED IN PLAT BOOK 4, PAGE 54, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, TOGETHER WITH' THAT PORTION OF S.W. 3RD AVENUE LYING SOUTH OF ATLANTIC AVENUE AND NORTH' OF S.W. 1ST STREET, SITUATE BETWEEN SAID BLOCKS 37 AND 45, FROM R-RECREATION AND OPEN SPACE AND C-COMMERCIAL TO P-PUBLIC; AMENDING THE LAND USE PLAN; PROVIDING AN EFFEC- TIVE DATE. (Copy of Ordinance No. 91-85 is on file in the official Ordinance Book) The Assistant City Attorney read the caption of the ordi- nance. 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. Mrs. Cunnin~ham stated she feels Sterling Park has more to offer the people of Delray Beach than a government complex does. She hopes that Council will take more time and take careful consideration to the potential benefits of a park in this area before it is removed. The public hearing was closed. Mr. Bird moved for the adoption of Ordinance No. 91-85 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Weatherspoon - Yes; Vice-Mayor Horenburger - Yes. Said motion passed with a 3 to 0 vote. F~ayor Campbell returned to the Council Chambers at this time. 30. Ordinance No. 96-85 - Annexation- Section 1. Ordinance No. 96-85, relative to annexation of property known as Section 1 and calling for a Referendum Election before the ordinance becomes effective, 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. 96-85: - 18- 9/24/85 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY CERTAIN PARCEL OF PROPERTY; PROVIDING A LEGAL DESCRIPTION OF THE PROPERTY PROPOSED TO BE ANNEXED; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; CALLING FOR A REFERENDUM ELECTION IN THE CITY AND WITHIN THE AREA PROPOSED TO BE ANNEXED; DESIGNATING THIS PROPERTY AS "SECTION 1" FOR PURPOSES OF THE REFERENDUM ELECTION; DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF THE REFERENDUM; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 96-85 is on file in the official Ordinance Book) The Assistant City Attorney read the caption of the ordi- nance. 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 following people spoke in opposition of the proposed annexation: Marilyn Baskin Carr, Curt Colstead, Alan Gardner, Mary Ellen Ross, William Mirtha, Preston Hen, Nathan Turner, Tom Schwerin and Jerry Goldman. Doug Duprey and the owner of the Petite Chalet Restaurant on North Federal Highway spoke in favor of the proposed annexation. The public hearing was closed. Mr. Bird moved for the adoption of Ordinance No. 96-85 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. HOrenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Mayor Campbell declared a recess the time being 9:50 P.M. The meeting was reconvened at 9:52 P.M. Mrs. Horenburger left the Council Chambers at this time. 31. Ordinance No. 97-85 - Annexation - Section 2. Ordinance No. 97-85, relative to annexation of property known as Section 2 and calling for a Referendum Election before the ordinance becomes effective, 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. 97-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CTIY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY CERTAIN PARCEL OF PROPERTY; PROVIDING A LEGAL DESCRIPTION OF THE PROPERTY PROPOSED TO BE ANNEXED; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; CALLING FOR A REFERENDUM ELECTION IN THE CITY AND WITHIN THE AREA PROPOSED TO BE ANNEXED; DESIGNATING THIS PROPERTY AS "SECTION 2" FOR PURPOSES OF THE REFERENDUM ELECTION; DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF THE REFERENDUM; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 97-85 is on file in the official Ordinance Book) The City Manager 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. - 19 - 9/24/85 Mr. Weatherspoon moved for the adoption of Ordinance No. 97-85 on Second and FINAL Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 0 vote. Mrs. Horenburger returned to the Council Chambers at this time. 32. Ordinance No. 98-85 - Annexation - Secti6n 3. Ordinance No. 98-85, relative to annexation of property known as Section 3 and calling for a Referendum Election before the ordinance becomes effective, is before Council for consideration 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. 98-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY CERTAIN PARCEL OF PROPERTY; PROVIDING A LEGAL DESCRIPTION OF THE PROPERTY PROPOSED TO BE ANNEXED; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; CALLING FOR A REFERENDUM ELECTION IN THE CITY AND WITHIN THE AREA PROPOSED TO BE ANNEXED; DESIGNATING THIS PROPERTY AS "SECTION 3" FOR PURPOSES OF THE REFERENDUM ELECTION; DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF THE REFERENDUM; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 98-85 is on file in the official Ordinance Book) The City Manager 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. Kathy Bertorello, stated that Section 3 is vacant land at the present time and is zoned Agricultural in the County. She ques- tioned what the future use of the property will be. ~]ayor Campbell stated that the property is zoned residential on the City's Land Use Plan. However, any development that has taken place in that area, within the City limits, has been more restrictive than if built by the County's zoning. The public hearing was closed. Mr. Bird moved for the adoption of Ordinance No. 98-85 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. H'orenburger - Yes; Mr. Weatherspoon - Yes; ~layor Campbell - Yes. Said motion passed with a 4 to 0 vote. 33. Ordinance No. 99-85 - Charter Chan~es - Form of Ballots. Ordinance No. 99-85, relative to Charter changes to Article V "Elec- tions'' of the City Charter to provide for ballots listing City Council offices by seat number, 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. 99-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH', FLORIDA, PROVIDING FOR CHARTER CHANGES TO ARTICLE V, "ELECTIONS", OF THE CITY CHARTER OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 5.03 (a) , "FORM OF BALLOTS" , TO PROVIDE FOR BALLOTS LISTING CITY COUNCIL OFFICES BY SEAT NUMBER; AND BY REPEALING SECTION 5.04, "ELECTIONS GENERALLY", AND ENACTING A NEW SECTION 5.04, "ELECTIONS GENERALLY", TO PROVIDE FOR THE NUMBER OF VOTES PER ELECTOR, TO PROVIDE FOR A MAJORITY VOTE TO ELECT PER - 20- 9/24/85 SEAT NUMBER IN CITY COUNCIL ELECTIONS AND SEPARATELY FOR THE OFFICE OF MAYOR IN THE FIRST NONPARTISAN ELECTION, TO PROVIDE THAT %~EN NO MORE THAN ONE PERSON QUALIFIES AS A CANDIDATE FOR EACH OF THE SEATS FOR CITY COUNCIL OFFICES OR FOR THE OFFICE OF MAYOR THEN AN ELECTION SHALL NOT BE HELD WITH EACH CANDIDATE DEEMED TO HAVE VOTED FOR HIM- SELF/HERSELF, PROVIDING FOR CANDIDATES FOR A SECOND NONPARTISAN ELECTION WHERE NO CANDIDATE HAS RECEIVED A MAJORITY OF THE VOTES CAST IN ANY CITY COUNCIL OFFICE SEAT OR FOR THE OFFICE OF MAYOR, PROVIDING FOR THE CONDI- TIONS WHEN A CANDIDATE EITHER WITHDRAWS OR DIES BEFORE THE SECOND NONPARTISAN ELECTION, AND PROVIDING FOR THE METHOD OF ELECTION IN A SECOND NONPARTISAN ELECTION; PROVIDING FOR A REFERENDUM ELECTION TO BE HELD ON NOVEM- BER 5, 1985; PROVIDING A REPEALER; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 99-85 is on file in the official Ordinance Book) The City Manager 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. 99-85 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 34. Ordinance No. 100-85 - Charter Changes - Qualifications of candidates. Ordinance No. 100-85, relative to changes to Chapter 2 "Administration" of the Code of Ordinances to provide for adding a provision requiring all candidates to the office of Mayor or City Coun- cil seats to be a resident of the City on or before September 1st of the year preceding the regular or special election(s), 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. 100-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH', FLORIDA, AMENDING CHAPTER 2, "ADMINISTRATION" , ARTICLE II, "ELECTIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH', FLORIDA, BY AMENDING SECTION 2.22 "QUALIFYING AS A CANDIDATE", BY ADDING PROVISIONS RE- QUIRING THAT ALL CANDIDATES FOR THE OFFICE OF MAYOR OR FOR THE OFFICE OF CITY COUNCIL SEATS SHALL BE A RESIDENT OF THE CITY OF DELRAY BEACH WHO HAS BECOME AN ELECTOR OF THE CITY OF DELRAY BEACH ON OR BEFORE SEPTEMBER 1 OF THE YEAR PRECEDING THE REGULAR OF SPECIAL ELECTION (S); PRO- VIDING A GENERAL REPEALER, PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 100-85 is on file in the official Ordinance Book) The City ~nager 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. 100-85 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. H~renburger - Yes; Mr. Weatherspoon - Yes; 5]ayor Campbell - Yes. Said motion passed with a 4 to 0 vote. - 21- 9/24/85 35. Ordinance No. 101-85 - Charter Chan~es - Judge of Election and Qualification. Ordinance No. 101-85, relative to changes to Article V "Elections" of the City Charter to insert provisions providing who shall be the judge of the election and the election returns of the office of Mayor and the office of City Council seats, 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. 101-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH', FLORIDA, PROVIDING FOR CHARTER CHANGES TO ARTICLE V, "ELECTIONS" , SECTION 5.06 "JUDGE OF ELECTION AND QUALIFICATION", OF THE CITY CHARTER OF THE CITY OF DELRAY BEACH', FLORIDA, TO INSERT PROVISIONS PROVIDING THAT THE CITY CLERK SHALL BE THE JUDGE OF THE ELECTION AND THE ELECTION RETURNS FOR THE OFFICE OF MAYOR AND THE OFFICE OF CITY COUNCIL SEAT, AND THAT THE CITY COUNCIL MEMBERS SHALL CONTINUE TO BE THE JUDGE OF THE QUALIFICATIONS OF ITS OWN MEMBERS; PROVIDING FOR A REFERENDUM ELECTION TO BE HELD ON NOVE~]BER 5, 1985; PROVIDING A REPEALER; PRO- VIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 101-85 is on file in the official Ordinance Book) The City Manager 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. 101-85 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 36. Ordinance No. 105-85 - Charter Changes - Definition of Elector. Ordinance No. 105-85, amending Chapter 1 "General Provisions" of the Code of Ordinances adding definition of elector into the defini- tion section and amending the definition of residence, 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. 105-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH', FLORIDA, AMENDING CHAPTER 1, "GENERAL PROVISIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 1-2, "RULES OF CONSTRUC- TION'', TO INSERT A DEFINITION OF THE WORD "ELECTOR" AS SAME APPEARS IN SECTION 5.01 OF THE CITY CHARTER AND TO AMEND THE DEFINITION OF "RESIDENCE" TO PROVIDE THAT THE TERM "RESIDENCE" SHALL BE CONSTRUED TO MEAN THE PLACE ADOPTED BY THE PERSON AS HIS PRIMARY DOMICILE; PROVIDING A GENERAL REPEALER; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 105-85 is on file in the official Ordinance Book) The City Manager 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. 105-85 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. - 22 - 9/24/85 37. Ordinance No. 106-85 - Charter Changes - Corporate Limits. Revised Ordinance No. 106-85, relative to Charter changes to Article II, "Corporate Limits" to provide for deletion of the requirement that property annexed be adjacent to and contiguous and to eliminate refer- ences to contiguity and to insert provisions that annexation shall be by ordinance duly passed or in any other manner provided for by general or special law, 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. 106-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR CHARTER CHANGES TO ARTICLE II, "CORPORATE LIMITS", SECTION 2.02(d), "BOUNDARIES AND TERRITORY OF GREATER DELRAY BEACH' AREA", OF THE CITY CHARTER OF THE CITY OF DELRAY BEACH, FLORIDA, TO PROVIDE FOR DELETION OF THE REQUIREMENT THAT PROPERTY ANNEXED BE ADJACENT TO AND CONTIGUOUS AND PROVIDING THAT SUCH~ AN- NEXATION MAY BE DONE IN THE MANNER ALLOWED BY THE CONSTI- TUTION, GENERAL AND SPECIAL LAWS OF THE STATE OF FLORIDA, AS WELL AS THE CITY CHARTER AND TO ARTICLE II, "CORPORATE LIMITS", SECTION 2.03(a), "VOLUNTARY ANNEXATION OF TERRI- TORY BY ORDINANCE", OF THE CITY CHARTER OF THE CITY OF DELRAY BEACH', FLORIDA, TO ELIMINATE REFERENCES TO CON- TIGUITY AND TO INSERT PROVISIONS THAT ANNEXATION SHALL BE BY ORDINANCE DULY PASSED OR IN ANY MANNER PROVIDED BY GENERAL OR SPECIAL LAW; PROVIDING A REPEALER; PROVIDING FOR A REFERENDUM ELECTION TO BE HELD ON NOVEMBER 5, 1985; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 106-85 is on file in the official Ordinance Book) The City Manager 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. 106-85 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. H~orenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 38. Ordinance No. 108-85 - Charter Changes - Organizational Meeting. Ordinance No. 108-85, relative to Charter changes to Article III "Legislative" to provide that the organizational meeting shall be held immediately following the assumption of office by the Mayor and/or Council Members on the last Thursday in March following their election or on the last Friday in March should the last Thursday in March fall on a legal holiday, 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. 108-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR CHARTER CHANGES TO ARTICLE II, "LEGISLATIVE", SECTION 3.01(b), "COUNCIL-CITY MANAGER FORM OF GOVERNMENT; TERM OF OFFICE; NUMBER; OFFICES OF VICE-MAYOR AND DEPUTY VICE-MAYOR; SUCCESSION TO OFFICE OF MAYOR", OF THE CITY CHARTER OF THE CITY OF DELRAY BEACH, FLORIDA, TO ELIMINATE THE PROVISIONS REQUIRING AN ORGANI- ZATIONAL MEETING IN APRIL OF EACH YEAR TO PROVIDE THAT SUCH ORGANIZATIONAL MEETING SHALL BE HELD IMMEDIATELY FOLLOWING THE ASSUMPTION OF OFFICE BY THE MAYOR AND/OR COUNCIL MEMBERS ON THE LAST THURSDAY IN MARCH' FOLLOWING THEIR ELECTION OR ON THE LAST FRIDAY IN MARCH SHOULD THE LAST THURSDAY IN MARCH FALL ON A LEGAL HOLIDAY; PROVIDING A GENERAL REPEALER; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. - 23 - 9/24/85 (Copy of Ordinance No. 108-85 is on file in the official Ordinance Book) The City Manager 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. 108-85 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. H~renburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 13. The Assistant City Attorney stated on reviewing the ordi- nances they passed before, she noted that what they did was actually amend the Land Use Plan, they did not do a rezoning. If they are going to make a change to Subsection (E) Lot Dimensions, it should probably say "or a Land Plan designation as POI or SAD in place...", not a rezon- ing . The public hearing was closed. Mr. Bird moved for the adoption of Ordinance No. 103-85 on Second and FINAL Reading, as advised by the Assistant City Attorney, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon- Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 26. Ordinance No. 88-85 - Delra¥ Shores Professional Plaza Re- zoning. Ordinance No. 88-85, relative to rezoning all units 1-1 through 1-22 and 2-1 through 2-22 from SAD (Special Activities District) to POI (Professional, Office and Institutional) District, located on the south side of Lake Ida Road between Congress Avenue and Davis Road, is before Council for consideration on Second and FINAL Reading. Prior to con- sideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The Assistant City Attorney advised that as the POI District has now been replaced by the POC District, she will read the caption of the ordinance that way. The City Manager presented Ordinance No. 88-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED SAD (SPECIAL ACTIVITIES DISTRICT) IN POC (PLANNED OFFICE CENTER) DISTRICT ALL THE UNITS (1-1 THROUGH 1-22 AND 2-1 THROUGH 2-22) DELRAY SHORES PROFESSIONAL PLAZA ALSO KNOWN AS 2100 AND 2150 LAKE IDA ROAD, DELRAY BEACH. FORMERLY KNOWN AS PARCEL A, LESS W5', OF MCCULLOCH PLAT NO. 1, RE- CORDED IN PLAT BOOK 45, PAGE 31. A REPLAT OF LOTS 1 THROUGH 7, BLOCK 1, DELRAY SHORES, RECORDED IN PLAT BOOK 24, PAGES 232 AND 233 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID LAND IS LOCATED ON THE SOUTH SIDE OF LAKE IDA ROAD BETWEEN CONGRESS AVENUE AND DAVIS ROAD AND A~ENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 19 83". (Copy of Ordinance No. 88-85 is on file in the official Ordinance Book) The Assistant City Attorney read the caption of the ordi- nance. 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. 88-85 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. H~renburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. - 24- 9/24/85 CONSENT AGENDA The following items are to be considered by Council as the Consent Agenda: 39. Ratification of South Central Regional Wastewater Treatment and Disposal Board Action of September 12, 1985. Council is to consider ratification of SCRWTD Board action relative to adoption of the 1985/86 Operating Budget in the amount of $1,816,356. This was approved 7-0 by the SCRWTD Board. 40. Ratification of South Central Regional Wastewater Treatment and Disposal Board action of September 12, 1985. Council is to consider ratification of SCRWTD Board action relative to adoption of Compenent I, Capital Expenditures for 1985/86 in the amount of $16,500 to be assessed 50% to the City of Delray Beach and 50% to the City of Boynton Beach. This was approved 7-0 by the SCRWTD Board. 41. Ratification of South Central Regional Wastewater Treatment and Disposal Board action of September 12, 1985. Council is to consider ratification of SCRWTD Board action relative to increase of the Whole- sale User Charge to .503 cents per thousand gallons for the fiscal year commencing October 1, 1985. This was approved 7-0 by the SCRWTD Board. 42. Computer Uninterrupted Power Supply (UPS). Council is to consider award of a contract to the low bidder, Power Solution, in the amount of $27,711 for the Computer UPS System to be used by the Data Processing Division. Funds are to come from the 1985-86 budget. Ap- proval is recommended. 44. IBM Computer Equipment - City Attorney's Office. Council is to consider award of a contract to the low bidder, Entre, in the amount of $13,564 for IBM PC Systems to be installed in the City Attorney's office. Approval is recommended. 45. Contract for Beach Cleaning Services. Council is to con- sider authorizing execution of a contract between the City and Universal Beach Services Corporation for beach cleaning and picking up trash containers on the beach. Approval is recommended. 46. Amtrak. Resolution No. 80-85, supporting the continuation of Amtrak, is before Council for consideration. The caption of Resolution No. 80-85 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH', FLORIDA, SUPPORTING AMTRAK, PROVIDING FOR FURNISH- ING COPIES OF THIS RESOLUTION. (Copy of Resolution No. 80-85 is on file in the official Resolution Book) Mr. Bird moved for approval of the Consent Agenda, as mod- ified, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: ~lr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. REGULAR AGENDA 47. South County Council of Governments. Council is to consider appointment of a designated voting member and an alternate for the South County Council of Governments. Mr. Bird moved to appoint Council Member Marie Horenburger as the designated voting member for the South County Council of Govern- ments, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. - 25- 9/24/85 Mrs. HOrenburger moved to appoint Council Member Malcolm T. Bird as an alternate member for the South County Council of Governments, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon- Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 48. Votin~ Delegate- Florida League of Cities. Council is to consider selection of one Council Member to serve as the City's Voting Delegate to the 59th Annual Florida League of Cities Convention, October 10-12, 1985. Mr. Bird moved to designate Mayor Doak S. Campbell as the City's Voting Delegate to the 59th Annual Florida League of Cities Convention, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger- Yes; Mr. Weatherspoon- Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 49. Water Service A~reement- SH$ Associates. Council is to consider execution of water service agreement for a 14.6-acre parcel located on the west side of Military Trail, approximately one half mile north of Atlantic Avenue (lying at the northwest corner of the L-33 Canal and Military Trail). The property is zoned CS (Specialized Com- mercial) in the County and is designated SF (Single Family) on the City's Land Use Plan. Approval is recommended. The Assistant City Attorney advised the only issue they have before Council for their consideration is that they have previously stated, as a condition of approving water service agreements, that the applicant be required to participate in the improvements to the water service system; this is required as a result of the Post Buckley report. Also, whether there was some obligation to participate in the improve- ments made when the hospital was put in, if the Public Utilities Direc- tor determines that the parties benefited in some way by those improve- me nt s. Mr. Bob Chapin, representing the petitioner, stated that his client will certainly pay for all connection fees to provide water to his property. He questioned if it had been determined whether or not his client's property benefited by the improvements. The Assistant City Attorney advised they have not had a determination from the Director of Public Utilities that this property benefited. If it is, then the applicant will be required to agree that he will participate in the pro rata share of the improvements. Mr. Bird moved to approve execution of a water service agreement for SHS Associates, subject to an agreement to be worked out between SHS Associates and the Director of Public Utilities, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 50. Andover Subdivision- Pavement Widths. Council is to con- sider a request to grant a reduction in the required pavement widths from 24 feet to 20 feet in the Andover Subdivision, located on the south side of Germantown Road between the E-4 Canal and Homewood Boulevard, if extended south. Mr. Bill Mayer, 120 N.E. 1st Avenue, Boca Raton, introduced his partner Mr. Tom Fleming and stated they are requesting a variation from the standard 24 foot pavement width. Mr. Mayer presented a site plan showing the configuration of the roads within the Andover sub- division and explained that in some areas the road will be more than 20 feet; however, they are requesting 20 feet as it is the minimum allowed. Mr. Bird moved to grant a reduction in the required pavement width from 24 feet to 20 feet in the Andover Subdivision, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. HOrenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. - 26- 9/24/85 51. Conditional Use Approval - Corporate Tech Center Office Building. Council is to consider a request for conditional use approval for Corporate Tech Center Office Building, a proposed 43,250-square foot office development, located at the northeast corner of Congress Avenue and the C-15 Canal. This was approved 5-0 by the Planning and Zoning Board. Mr. Cracchiola, owner of the property, stated he is not changing the zoning; however, the Code states that if you are going to use a building purely for office use you must obtain conditional use appr ova 1. Mrs. Horenburger moved for conditional use approval for the Corporate Tech Center Office Building, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - No; Mrs. Horenburger - Yes; Mr. Weatherspoon- Yes; Mayor Campbell- Yes. Said motion passed with a 3 to 1 vote. Before roll call, Mr. Bird stated that they have a limited amount of Light Industrial in the City and have a significant need for the jobs that LI uses create. There was a determination made that LI uses would be to the east of Congress Avenue and office uses to the west. He feels that it is inappropriate to put this use in Light Indus- trial. At this point the roll was called to the motion. 53. Ordinance No. 107-85 - Amending Code - Signs and Billboards. Ordinance No. 107-85, amending Chapter 9, "Buildings and Construction" of the Code of Ordinances to allow the property owners to reallocate their allowed number and square feet of freestanding signage in a manner which results in fewer signs and less footage, subject to Community Appearance Board approval, is before Council for consideration on First Reading. If passed, Public Hearing will be held October 8th. The City Manager presented Ordinance No. 107-85: aN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9, "BUILDINGS AND CON- STRUCTION'', OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH', FLORIDA, BY AMENDING ARTICLE VIII, "SIGNS AND BILLBOARDS" , SECTION 9-211, "SIGNS PERMITTED AND REGULATED", SUBSECTION (F) , "COMMERCIAL DISTRICTS" , BY ADDING A SUBSECTION (6) WHICH WILL PROVIDE FOR A RE- ALLOCATION OF THE NUMBER AND SQUARE FOOTAGE OF FREE STANDING SIGNS PERMITTED IN A COMMERCIAL DISTRICT WHERE THE RESULT OF THE REALLOCATION RESULTS IN FEWER SIGNS AND LESS SQUARE FOOTAGE THAN WOULD OTHERWISE BE PERMITTED UNDER THE CODE; PROVIDING FOR COMMUNITY APPEARANCE BOARD APPROVAL FOR THE REALLOCATION; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The Assistant City Attorney read the caption of the ordi- ns RCS. Mr. Weatherspoon moved for the adoption of Ordinance No. 107-85 on First Reading, seconded by Mrs. Horenburger. Mr. Bird stated he cannot understand where there is any advantage to someone reducing both the number of their signs and the square footage. This ordinance resulted from a shopping center needing three signs to identify the use of three out parcels and in order to do that they were willing to make the three signs smaller; however, under the present sign ordinance they were only entitled to two. His under- standing is that the Community Appearance Board wanted to have the authority, under some flexibility, to grant the third sign providing there was some reduction in the overall signage. If that was the Board's intent, then this ordinance does not accomplish that. He sug- gested that they remove the wording "fewer signs", leave in "less footage" and still have it subject to Community Appearance Board ap- pr ova 1. - 27- 9/24/85 The Assistant City Attorney advised if that is Council's intent then she should reread the caption of the Ordinance. Mayor Campbell requested that the Assistant City Attorney also take the amended ordinance back to the Community Appearance Board. The City Manager presented amended Ordinance No. 107-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH', FLORIDA, AMENDING CHAPTER 9, "BUILDINGS AND CON- STRUCT ION", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH', FLORIDA, BY AMENDING ARTICLE VIII, "SIGNS AND BILLBOARDS", SECTION 9-211, "SIGNS PERMITTED AND REGULATED" , SUBSECTION (F) , "COMMERCIAL DISTRICTS" , BY ADDING A SUBSECTION (6) WHICH WILL PROVIDE FOR A RE- ALLOCATION OF THE SQUARE FOOTAGE OF FREE STANDING SIGNS PERMITTED IN A COMMERCIAL DISTRICT WHERE THE RESULT OF THE REALLOCATION RESULTS IN LESS SQUARE FOOTAGE THAN WOULD OTHERWISE BE PERMITTED UNDER THE CODE; PROVIDING FOR COMMUNITY APPEARANCE BOARD APPROVAL FOR THE REALLOCA- TION; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DAT E. The Assistant City Attorney read the caption of the ordi- ns RCS. 5'ir. Bird made a substitute motion to approve Ordinance No. 107-85 on First Reading, removing from the caption the reference to the requirement for fewer signs, leaving in the requirement for less square footage, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. HOrenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 54. Ordinance No. 109-85 - Andover Annexation. Ordinance No. 109-85, relative to annexing a .99-acre parcel, subject to R-1AA (Single Family Dwelling) District, located on the south side of Germantown Road, between the E-4 Canal and Homewood Boulevard, if extended south, is before Council for consideration on First Reading. If passed, Public Hearing will be held October 22nd. The City 5~nager presented Ordinance No. 109-85: 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 30, TOWNSHIP 46 SOUTH', RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXIST- ING MUNICIPAL LIMITS OF SAID CITY, SAID LAND IS LOCATED ON THE SOUTH SIDE OF GERMANTOWN ROAD BETWEEN THE E-4 CANAL AND HOMEWOOD BOULEVARD, IF EXTENDED SOUTH; 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; PROVIDING AN EFFECTIVE DATE. The Assistant City Attorney read the caption of the ordi- ns nce. Mr. Weatherspoon moved for the adoption of Ordinance No. 109-85 on First Reading, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 55. Ordinance No. 110-85 - City of Delray Beach Rezonin~ ( Flemin~ Property). Ordinance No. 110-85, relative to rezoning a 142.2-acre parcel from R-1AA (Single Family Dwelling) District to PRD-L (Planned Residential Development - Low to Medium Density) District, located on the north side of the L-31 Canal between Barwick Road and Davis Road, is before Council for consideration on First Reading. If passed, Public Hearing will be held October 8th. - 28- 9/24/85 The City Manager presented Ordinance No. 110-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-1AA (SINGLE FASiILY DWELLING) DISTRICT IN PRD-L (PLANNED RESIDENTIAL DEVELOP~]ENT - LOW TO MEDIUM DENSITY) DISTRICT A PARCEL OF LAND !.YING AND BEINGIN SECTION 12, TOWNSHIP 46 SOUTH, RANGE 42 EAST. SAID LAND IS LOCATED ON THE NORTH SIDE OF THE L-31 CANAL, BETWEEN BARWICK ROAD AND DAVIS ROAD, AND AMEI~DING "ZONING MAP OF DELRAY BEACS, FLORIDA, 1983". The City 5tanager read the caption of the ordinance. Mrs. Horenburger moved for the adoption of Ordinance No. 110-85 on First Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird- Yes; Mrs. Horenburger- Yes; Mr. Weatherspoon - Yes; 5Iayor Campbell - Yes. Said motion passed with a 4 to 0 vote. ~ayor Campbell declared the meeting adjourned at 10:49 P.M. City Clerk 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 Council of September 24, 1985, whic~ minutes were formally approved and adopted by the City Council on ~ ~ /~_fJ . ~/ 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. - 29 - 9/24/85