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06-16-81SpMtg JUNE 16, 1981 A Special Meeting of the City Council of the City of Delray Beach, Florida, was held in the Council Chambers at 7:00 P.M., Tuesday, June 16, 1981, with Mayor Leon M. Weekes, presiding and Acting City Manager Elizabeth Arnau, Assistant City Attorney Herbert Thiele, and Council members James H. Scheifley, Charlotte G. Durante, Leo A. Blair, and Malcolm T. Bird, present. Mayor Weekes called the meeting to order and announced that this meeting has been called for the purpose of (1) considering passage of Resolution No. 48-81 supporting a bill (HR-3840) introduced into Congress by Representative Rosenthall which provides for a two-year moratorium on condominium conversion; and (2) considering First Reading of Ordinance No. 48-81 amending Chapter 30 "Zoning" of the Code of Ordi- nances relating to building heights. (1) The Acting City Manager presented Resolution No. 48-81: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA SUPPORTING AND URGING THE PASSAGE OF CON- GRESSMAN ROSENTHALL'S BILL (H.R. 3840) PROVIDING FOR A NATIONWIDE TWO YEAR MORATORIUM ON CONDOMINIUM CONVERSION. (Copy of Resolution No. 48-81 is on file in the official Resolution Book) Mrs. Durante moved for the adoption of Resolution No. 48-81, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Blair - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. Before roll call, Mrs. Durante clarified, for the benefit of the public, that Mr. Michael Brody was the person that asked that this be considered by Council; in the press it had stated that Attorney Rubin had asked. Mayor Weekes stated that it appears that the people living in the Lake Delray Apartments may have resolved their problem. At this point the roll was called to the motion. (2) The Assistant City Attorney presented Ordinance No. 48-81: AN ORDINANCE OF THE CITY OF DELRA¥ BEACH, FLORIDA, PRO- VIDING THAT THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BE AMENDED BY REVISING SECTION 30-5 "R-1AAA, R-iAAA-B, R-1AA, R-1AA-B, R-lA, R-lA-B, SINGLE FAMILY DWELLING DISTRICTS (I) BUILDING HEIGHT" OF SAID CODE ELIMINATING SPECIAL EXCEPTIONS TO THE HEIGHT LIMI- TATIONS; AMENDING SECTION 30-7 "RM-10 MULTIPLE FAMILY DWELLING DISTRICT (I) BUILDING HEIGHT" ELIMINATING SPE- CIAL EXCEPTIONS TO THE HEIGHT LIMITATIONS; AMENDING SECTION 30-8 "RM-15 MULTIPLE FAMILY DWELLING DISTRICT (I) BUILDING HEIGHT" ELIMINATING SPECIAL EXCEPTIONS TO THE HEIGHT LIMITATIONS; AMENDING SECTION 30-8.1 "PRD 4 PLANNED RESIDENTIAL DISTRICT (H) BUILDING HEIGHT, (1) SINGLE FAMILY DETACHED ELIMINATING SPECIAL EXCEPTIONS TO THE HEIGHT LIMITATIONS; AMENDING SECTION 30-8.2 "PRD 7 PLANNED RESIDENTIAL DISTRICT (H) BUILDING HEIGHT (1) SINGLE FAMILY DETACHED" ELIMINATING SPECIAL EXCEPTIONS TO THE HEIGHT LIMITATIONS; AMENDING SECTION 30-8.3 "PRD 10 PLANNED RESIDENTIAL DISTRICT (H) BUILDING HEIGHT, (1) SINGLE FAMILY DETACHED AND (2) MULTIPLE FAMILY" ELIMI- NATING SPECIAL EXCEPTIONS TO THE HEIGHT LIMITATIONS; AMENDING SECTION 30-10 "CC COMMUNITY COMMERCIAL DISTRICT (H) BUILDING HEIGHT" ELIMINATING SPECIAL EXCEPTIONS TO THE HEIGHT LIMITATIONS AND REDEFINING THE HEIGHT LIMITA- TION; AMENDING SECTION 30-11 "GC GENERAL COMMERCIAL DISTRICT (H) BUILDING HEIGHT" ELIMINATING SPECIAL EXCEP- TIONS TO THE HEIGHT LIMITATIONS AND REDEFINING THE HEIGHT LIMITATION; AMENDING SECTION 30-12 "SC SPECIALIZED COM- MERCIAL DISTRICT (H) BUILDING HEIGHT" ELIMINATING SPECIAL EXCEPTIONS TO THE HEIGHT LIMITATIONS AND REDEFINING THE HEIGHT LIMITATION; AMENDING SECTION 30-13 "CBD CENTRAL BUSINESS DISTRICT (H) BUILDING HEIGHT" BY ELIMINATING SPECIAL EXCEPTIONS TO THE HEIGHT LIMITATIONS AND REDE- FINING THE HEIGHT LIMITATION; AMENDING SECTION 30-13.1 "LC LIMITED COMMERCIAL DISTRICT (G) BUILDING HEIGHT" ELIMINATING SPECIAL EXCEPTIONS TO THE HEIGHT LIMITATIONS AND REDEFINING HEIGHT LIMITATION; AMENDING SECTION 30-14 "LI LIGHT INDUSTRIAL DISTRICT (H) BUILDING HEIGHT" ELIMI- NATING SPECIAL EXCEPTIONS TO THE HEIGHT LIMITATIONS AND REDEFINING THE HEIGHT LIMITATION; AMENDING SECTION 30-15 "MI MEDIUM INDUSTRIAL DISTRICT (H) BUILDING HEIGHT" ELIMINATING SPECIAL EXCEPTIONS TO THE HEIGHT LIMITATIONS AND REDEFINING HEIGHT LIMITATION; AMENDING SECTION 30-15.1 "SAD SPECIAL ACTIVITIES DISTRICT (H) BUILDING HEIGHT" ELIMINATING SPECIAL EXCEPTIONS TO THE HEIGHT LIMITATIONS AND REDEFINING THE HEIGHT LIMITATION FOR RESIDENTIAL, COMMERCIAL AND INDUSTRIAL USES; PROVIDING FOR A REPEALING CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR AUTHORITY TO CODIFY; AND FOR OTHER PURPOSES. The Assistant City Attorney read the caption of the ordi- nance. Mrs. Durante moved that Ordinance No. 48-81 be referred to the Planning and Zoning Board for their review and study as to how this fits in with the various aspects of zoning and that Section 30-7 be taken out as they have already submitted their recommendation and they have an ordinance drafted for that particular section, seconded by Mr. Scheifley. Said motion passed unanimously. Before roll call the following discussion was had: Upon question by Mr. Bird, Mrs. Durante replied that she would like to have the Planning and Zoning Board's input as to the implementing portion of the ordinance as written. Mr. Bird suggested that the implementing paragraphs 1 through 5, which are included in the ordinance, be amended in every case to read June 16th, today's date, as opposed to June 10th; the reason being that they made an exception for a meeting which was held last night and he feels that they should sanctify that and the ordinance itself. Mr. Scheifley stated that he does not object to the substance of the ordinance; however, he feels they should follow a procedure and that they should not pass an ordinance of this nature without it having been reviewed by the Planning and Zoning Board to get their input. Upon question by Mr. Bird regarding his earlier suggestion, Mrs. Durante replied that she would not want to place a date on this prior to the Planning and Zoning Board having given consideration to it. Mr. Frank Carey, Planning and Zoning Board Chairman, stated that the Board will need some clarification and guidance from Council. Mr. Bird added that he still believes they should give the Planning and Zoning Board and the City Administration direction with regard to what the implementation date is, so they know whether they're accepting appli- cations or not accepting applications as of today. At this point the roll was called to the motion. Mayor Weekes stated that he agrees with Mr. Bird; it is only fair that they tell people where they stand; Mr. Scheifley concurred. Mr. Bird moved that the date June 10th be changed to read June 16th for the implementation date of this ordinance, seconded by Mr. Scheifley. Upon roll call Council voted as follows: Mr. Scheifley ~ Yes; Mrs. Durante - No; Mr. Blair - No; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 3 to 2 vote. - 2 - 06/16/81 Before roll call the following discussion was had: Mayor Weekes asked the Assistant City Attorney if Council may enact an ordi- nance that is effective retroactively. The Assistant City Attorney replied, yes, to the extent that this one applies as of a certain effec- tive date. Upon question by Mr. Blair, Mr. Carey replied that he does not believe it will take a great deal of time for the Board to study this; a week or two. Further discussion was had in regard to the imple- mentation date. Mr. Robert Stump requested that Council move as quickly as possible. Mayor Weekes replied that they will move as fast as they reasonably can; he added that their next workshop meeting will be on July 7th, three weeks from tonight. Mrs. Elizabeth Matthews spoke in response to Mrs. Durante's remark that she would need to wait 30 days to find out the substance of the ordinance. Mrs. Matthews noted that it has been stated that any imperfections in this ordinance would be brought to Council's attention by the Planning and Zoning Board within a set period of time. The problems are minor ones which do not deal with the substance of the ordinance and which will be removed by the Planning and Zoning Board. At this point the roll was called to the motion. Mayor Weekes declared the meeting adjourned at 7:25 P.M. Clerk MAYOR The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Council of June 16, 1981, which ~inutes were for- mally approved and adopted by the City Council on Clerk NOTE TO READER: If the minutes that you have received are not completed as indicated above, then this means that these are not the official minutes of City Council. They will become the official minutes only after they have been reviewed and approved which may involve some amendments, additions, or deletions to the minutes as set forth above. - 3 - 06/16/81