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01-10-77 JANUARY 10, 1977 A regular meeting of the City Council of the City of Delray Beach, Florida, was held in the Council Chambers at 7:00 P.M., Monday, January 10, 1977, with Mayor James H. Scheifley presiding, and City Manager Jo Eldon Mariott, Assistant City Attorney Clifford Shandy, and Council members John E. Gomery, Jr., David E. Randolph, Aaron I. Sanson, IV, and Leon M. Weekes, present. 1. The opening prayer was delivered by Mr. Ozzie Youngblood. 2. The Pledge of Allegiance to the Flag of the United States of America was given. 3. Mr. Weekes moved for the approval of the minutes of the '~gular meeting of December 27, 1976, and the special meeting of January :, 1977, seconded by Mr. Gomery. Mr. Sanson stated that he had not ~een any correspondence from City Manager Mariott relative to the minutes ~nd some requests made in them. Under items 4.c., 6.a.l., 6.a.3., 6.b., ~nd 8.f., there were specific requests for City Manager Mariott. The motion passed unanimously. The City Manager advised he would check these items. 4.a. Mr. Gomery questioned the letter submitted by Mr. Frank Carey, Chairman of the Planning & Zoning Board, and how it would be handled. The City Manager suggesteda meeting be held between Council, Chairman of the Planning & Zoning Board, and members of the Administration that would be helpful in discussing the matter. This matter concerns increasing criticism of the administration of nonenforcement of ordinances in the City. Members of the various City Boards have become discouraged and morale is very low. At a recent Planning and Zoning Board meeting, there were eight items in which questions were raised regarding the enforcement of ordinances. (12/27/76) Mr. Sanson suggested that Council hold an informal joint conferenc~ between members of the Council, members of the Boards,and members of the Administration to try to find out whether there are some satisfactory solutions to the problems that seem to be present. Mr. Weekes stated that he does not want to hold a meeting with all the Boards at one time. He suggeste~that Council meet with them one at a time, and sit down informally to discuss whatever problems exist between the Boards and the Administration. The City Manager stated he had not seen the letter as yet, but will get a copy so he will know what Council is talking about. 4.b. Mr. Weekes remarked that he has been trying to get something done about the abominable Public Works Complex. He said the City had a bond referendum to try to get money to finance the Complex, and that failed. He further stated that if the citizens of Delray Beach were to see in what fashion the City equipment is stored, they would be appalled. City Manager Mariott said Council should take a look at ~ the legal requirements within the next day or so, to see whether it would be possible to submit this to referendum at the March election, and if possible, then that could be considered by Council not later than Workshop, January 17, 1977. As far as plans and specifications are concerned, it is not necessary that they be prepared prior to the referendum. 4.c. Mr. Weekes said he would like to bring up for consideration, the matter of a settlement with George Clemens. He feels he is under a moral obligation to support the settlement. He gave Mr. Clemens his word that he would; at the time it was voted on, he was not present. Assistant City Attorney Shandy stated that it might be well if a survey were made of the case, and bring the facts to a Workshop meeting for discussion. · Mr. Weekes acknowledged that suggestion and asked that the record clearly state that this action is not based on the probable legal merit or demerit of Mr. Clemens, case in and of itself. Mr. Weekes stated that when Council was discussing the possibility with Mr. Papy and Mr. Clemens, he was concerned over the possible outcome of the Papy case. He had discussed his concern with Mr. Clemens and said if the cases could be settled at the same time and on the same terms~ he would vote to settle the both of them. Mr. Sanson stated that it would make no difference what new facts, if any, were brought forth. He is prepared to vote on the matter. Mayor Scheifley said he would vote against any settlement ·his evening based on lack o~ knowledge concerning latest developments. Council agreed that, at the next Workshop Meeting, the City Attorney would bring Council up to date in the Clemens' case. 5.a. Willie Sharp, S.W. 14th Avenue, asked City Manager Mariott whether he had checked on the matter of the City dumping trash in the S.W. section and not having any room to turn around at the dead end of the street. City Manager Mariott replied that he had sent [hrough a memorandum on this, but did not have a response as yet. He suggested that Mr. Sharp call his office January 11, 1977, so he may provide him with an answer. Paul Friend, 1320 S.W. 20th Terrace, Delray Beach, stated that he uses the intersection at 1-95 and Linton Blvd. about ten times each day, and since the intersection has been completed and the traffic lights installed by the State, the lights have not operated properly for one hour. He runs the red light because it will not turn. He realizes that it is not the City's jurisdiction, but feels a letter to the State Department of Transportation asking them to either turn the lights on blinking phase or get the manufacturer down to replace the item under warranty. Also, when the left turn signal is in phase, it is virtually impossible to continue through both lights in either direction on Linton Boulevard. ~ity Manager Mariott advised he will check into the matter, ~nd call the Department of Transportation. Mr. Sanson stated he is familiar ~ith the intersection, and would like to see Council's posture taken ~o request the Department of Transportation to have the lights put ~n yellow blinking. He further stated there is not enough traffic coming off 1-95 at that intersection to warrant traffic lights. 6.a.1. City Manager Mariott stated that a couple of Council meetings ago, Mr. Willie Wright appeared before Council stating that he had been unable to secure a permit for the installation of a sign at his place of business at 48 W. Atlantic Avenue. Mention was made at that time that possibly the City should consider an ordinance revision, b~cause it did sound like Mr. Wright was having a problem in his attempts to install the sign. The City Manager added that he checked this out with the Building Inspection Department, and the correspondence from the Community Appearance Board. Mr. Wright had his case considered by the Community Appearance Board on at least three occasions; they turned down his request for the sign permit in each instance. Mr. Wright stated the only thing we wanted was a sign on -~ the front of the building, which the Community Appearance Board denied him. The front of the building is a mansard. The landlord said Mr. Wright could not put it where the CAB suggested, and one of the Building Inspectors said he could not put it there. Even if he could put the sign where suggested, it would not be exposed to the public. Mr. Roy Reid, Chief Building Inspector, stated that the sign, as it has been presented, could not be placed on the mansard according to the sign ordinance; it is oversized, and does not conform to the sign ordinance in any way. Mr. Robert Curry, Chairman of the Community Appearance Board, stated the Board's position had been 'to give Mr. Wright suggestions as to how he might settle the problem; that is, cut down the size of the sign, place it on the wall, have a free-standing sign out in front of the building; but, what he proposed was not within the ordinance. The Board asked Mr. Wright for a drawing showing what he would consider doing, and Mr. Wright came back to the last meeting, and said he wanted the same sign in the same location. ~?Council suggested that Mr. Wright call Mr. Curry to try and resolve the matter. If no agreement is reached, the matter will be brought up at the next regular Council Meeting. Mr. Sanson moved that the matter be tabled to the next regularly scheduled Council Meeting, seconded by Mr. Gomery, said motion passing unanimously. 6.a.2. City Manager Mariott stated that the Public Hearing, scheduled for 2:00 P.M. January 11, 1977, concerning the Special Master'.s Report, may not be held as he is to appear in Court in West Palm Beach, concerning the County PBA's request for an injunction to prevent the City from holding the Public Hearing. 6.a.3. City Manager Mariott stated that a request has been received for partial payment to the contractor on the Regional Waste Water Treatment facility, in the total amount of $36,000 with $18,000 in payment being requested by the City of Delray Beach, and a like sum by the City of Boynton Beach. Funds will be taken from the $5,000,000 ~ater and sewer bond issue. Mr. Canon stated that the $36,000 is for the. payment of the bond that the contractor was required to post. Mr. Weekes moved that Council authorize payment in the amount of $18,000 to the sewer contractor in accordance with the agreement, and the money will come from the $5,000,000 water and sewer bond issue, seconded by Mr. Gomery, said motion passing unanimously. 6.a.4. City Manager Mariott reported a request has been received for water and sewer service to serve a shopping center at the corner of the intersection of Delray Road and Military Trail. The site consists of some twelve and a half acres; it is outside the City, and therefore, it is necessary that the applicant execute an agreement with the City agreeing to annexation at such time as the land becomes eligible for annexation. Council must now consider the approval of providing water and sewer service contingent upon the execution of the standard agree- ment. The City Manager stated there is one problem pertaining to the' necessity that a Certificate of Title be attached to the application that can be taken care of by the Council's motion. The title has not been received yet, but is expected shortly. The City Manager recommended that Council approve the application contingent upon execution of the agreement and providing the City with a Certificate of Title, not more than ninety days f~om the present date. Robert Kinkead, 602 NW 1st Avenue, representative of the builders and developers of the said shopping center, appeared before Council and stated he has been working on the zoning and special excep- tions with Palm Beach County for almost six months, and the County related to him that they needed this agreement signed and approved by City Council. Mr. Gomery moved that this item be tabled for further discussion at a Workshop, seconded by Mr. Sanson. Upon roll call, Council voted as follows: Mr. Gomery - Yes; Mr. Randolph - No; Mr. Sanson - Yes; Mr. Weekes - No; Mayor Sch~ifley - No. The motion failed of passage by a 3 to 2 vote. Mr. Weekes moved that the Administration be authorized to prepare the necessary agreement to annex and the necessary agreement for water and sewer extension for these developers, seconded by Mr. Randolph. Mr. Sanson questioned what the effect is of Military Trail being in between City property and this property. The Assistant City Attorney said he would have to research that. Mr.'Sanson asked if the City could get the property on the N.E. corner of Military Trail officially, into the City, would this property then immediately become part of the City. Mayor Scheifley questioned how the 1350 feet west of Military Trail would ever be annexed. It is in the reserve area; if tha~ is in the reserve area, and someone wants to annex, and Military Trail is a problem, perhaps an amendment is needed. Mr. Weekes stated that the property west of Military Trail can be annexed, and that the Trail in and of itself, will form no obstacle to that annexation. City Manager Mariott asked that "conditional upon the applicant providing the City a suitable Certificate of Title" be added to the motion. Mr. Weekes amended his motion to add conditional upon the applicant providing the City a suitable Certificate of Title, with a time limitation not to exceed ninety days. Upon roll call, Council voted as follows: Mr. Gomery - No; Mr. Randolph - Yes; Mr. Sanson - No; Mr. Weekes - Yes; Mayor Scheifley - Yes. The motion passed with a 3 to 2 vote. 6.a.5. City Manager Mariott stated that he received a call from Attorney Vance's office informing him that a legal opinion has been prepared at the City's request, concerning the Chatelaine rezoning matter. The City Manager stated that he interpreted Mr. Vance's correspondence that the City has the green light to proceed with the rezoning. Therefore, he suggests that Council do one of two things: Refer it.to the next Workshop Meeting on January 17, 1977, or authorize the first step toward the rezoning of the property, and instruct the City Attorney's office,· and the administration, to proceed with the necessary steps. Mr. Sanson moved that the City Administration and the City Attorney's office be instructed to effectuate the proper steps to rezone the property located in the development of Chatelaine, and that the item be scheduled for the next Workshop Meeting, seconded by Mr. Randolph, said motion passing unanimously. {.b. Mayor Scheifley stated that Mr. Lonnie W. Cook was requested to be present at the Meeting to receive a service award for his long and faithful service with the Planning and Zoning Board. In Mr. ~ok's absence, the Mayor requested that the City Clerk deliver the ~m~rvice award to him. ~.c. City Manager Mariott stated that at the Workshop Meeting of .~anuary 3, 1977, it was decided to refund $100 of the $150 Business L~cense Fee paid by Mr. H. Arthur Elphick, for the operation of a ~siness that actually did not materialize. Mr. Sanson moved to refund $100 of the $150 busines license ~aid by Mr. H. Arthur Elphick for the operation of a business in the City of Delray, seconded by Mr. Weekes, said motion passing unanimously. ~.d. The City Manager recommended that Council direct that Chapter 15 of the City's Code of Ordinances be complied with in respect ko the abatement of the listed nuisances. The Assistant City Attorney ~moted the motion should be in the nature of Council declaring a nuisance ~ exist on these listed properties and asking the City Clerk to comply ~ith the ordinance and abating those nuisances. Mr. Gomery moved for approval for the compliance with Chapter ~5 of the City's Code of Ordinances subject to the violations as mmtlined in item 6.d. and thereby declare the nuisances exist and to m~k the City Clerk to comply with the ordinance to abate these nuisances, ~smconded by Mr. Randolph, said motion passing unanimously. ~.e. City Manager Mariott stated an informal decision was reached a~t the January 3, 1977 Workshop Meeting to reappoint James L. Love and ~. Leroy Croft to the Downtown Development Authority, for 3-year terms, emding July 1, 1979. Mr. Randolph moved for the reappointment of James L. Love ~a~d J. Leroy Croft to the Downtown Development Authority to three-year ..Terms ending July 1, 1977, seconded by Mr. Gomery, said motion passing ~aanimously. ~f. City Manager Mariott reported that the City is in receipt ~ request from the City Manager of Boynton Beach requesting the City ~o. waive the various construction permit fees in connection ~ith the ,~onstruction of the Regional Sewerage Treatment Plant. Three permits !~ave been issued to date, with fees totalling $1309; t~e fees have not $een Paid. The City Manager added that he authorized the'issuance, by ~he Building Inspection Department, of these pemits in order to not ~nduly delay the progress of the development. The deadline for payment af these fees was set January 20, 1977, which would be after the'next ~neeting date of the Sewer Board. The City Manager said he had the Building Inspection Department prepare an estimate o~ the amount of fees that are being considered. The total would be $11,048.40, which includes all permits that would be needed in connection with this Development, with the exception of the plumbing and air-conditioning permits. The total permit fees of all the various permits required for this multi-million dollar construction job is approximately $20,000. The fees m~, be a reimbursable item, although it has not been determined' ior sure. If the fees are reimbursable, the government would pay 75%, and the local interests would pay 25%. The City Building Inspection Department is requiring the payment of the fees, even though the City of Delray Beach is one of the principals involved in the construction. Delray Beach is not the sole owner; this is a regional facility to serve Delray Beach, Boynton Beach, and several smaller communities as well. Mayor Scheifley stated that if Delray Beach waives these fees, it is one more concession that Delray taxpayers are footing the bill unjustly for a regional sewer plant, when this really should be distributed among five or six municipalities, plus the unincorporated area. He stated that this is a legitimate expense that should be ' recovered either by Federal grant, or in the sewer charges to the area. Mr. Gomery moved to table this item, pending the meeting Phursday, seconded by Mr. Sanson, said motion passing unanimously. 7.a. The City Manager reported that Council informally decided at the ~anuary 3rd workshop meeting, to authorize the expenditure of funds for the purchase of plaques for the players, coaches and members of the Atlantic High School Football Team, and also a large plaque for Atlantic High School in commemoration of the outstanding performance by the Football Team during the past season, as was done last year. Mr. Randolph moved that Council authorize the expenditure of between $500 and $600 in support of the oustanding performance of the Atlantic High School Football Team in the form of plaques, seconded by Mr. Weekes, said motion passing unanimously. 7.b. City Manager Mariott stated that Resolution No. 64-76, ordering the ~pening, grading and paving of part of S.W. 2nd Terrace between S.W. 8th Avenue and S.W. 7th Avenue; S.W. 2nd Court between S.W. 8th Avenue and S.W. 7th Avenue; and S.W. 7th Avenue between S.W. 2nd Street and S.W. 3rd Street, was adopted by Council on December 13, 1976. This project will be done by special assessment, so a public hearing has bee~ s~heduled to be held on the proposed Project at this time. 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. There being no objections, the Public Hearing was closed.. 7.c. City Manager Mariott stated that Resolution No. 65-76, ordering the opening, grading and paving of part of Sterling Avenue extending from Southridge Road to S.W. 4th Avenue was adopted by Council at the December 13th meeting. This project will be done by special assessment, so a public hearing has been scheduled to be held on'the proposed Project at this time. Mr. Peter Kummer, owner of Lot 11 and E 25, Lot 12, South- ridge Sub., questioned whether water and sewer would be put in; City Manager Mariott answered that this is only for street improvement, and has nothing to do with water and sewer. Additionally, Mr. Kummer wanted to know whether the City was going to blacktop the area, and then six months or so later, rip it up and put sewer and water in. Mr. Kummer was advised that the people in the area wanted this street paved and petitioned to.have it. Mr. Kummer objected to the paving. Mr. Raymond Strubel, owner of Lots 2 through 7, Block 2, in Southridge, spoke in favor of the Project. He stated his position is that with 350 front feet on the street, he has b~en in contact with a developer available who is waiting for the approval. If approved, the developer will put in the water ah his expense; coming down from 4th Avenue. with a 6" water main along Fourth Avenue, and a 2" main down by Swinton Extension. Mr. Max Schwartz, 237 S.E. 4th Avenue, owns 8 lots, spoke in favor of the paving and opening of Sterling Avenue. Mrs. Stark, 305 Southridge, spoke in opposition to having the Avenue opened up. Mr. Gene Swinford, 217 Southridge Road, spoke in favor of paving and grading part of Sterling Avenue. There being no further comments, the public hearing was closed. 8.a. The City Manager recommended passage of No. 67-76, accepting sanitary sewers, Lift Station No. 56-B and force mains installed in lIamlet, Tract D known as Bougainvilla Subdivision as operational. The City Manager presented Resolution No. 67-76: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL SANITARY SEWERS INSTALLED IN THE HAMLET TRACT "D" KNOWN AS THE BOUGAINVILLA SUBDIVISION AND HAMLET DRIVE EXTENSION TO MILITARY TRAIL INCLUDING LIFT STATION NO. 56-B AND FORCE MAIN AS OPERATIONAL AND SETTING THE INITIAL SCHEDULE OF RATES, FEES, AND OTHER RELATED CHARGES TO BE IMPOSED FOR THE SERVICES AND FACILITIES FURNISHED BY SAID SANITARY SEWER SYSTEM. (Copy of Resolution No. 67-76 is attached to the official copy of these minutes) Mr. Weekes moved for the adoption of Resolution No. 67-76, seconded by Mr. Gomery, said motion passing unanimously. 8.b. The City Manager stated Ordinance No. 37-76 amending Chapter 59 "Zoning" of the Code of Ordinances relative to off-street parking has been prepared for Council consideration on Second and Final Reading. This ordinance was passed on First. Reading at the December 13th meeting. 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. 37-76: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY AMENDING SECTION 29-13 (B) (2) BY ADDING SUBSECTIONS (a) AND (b) (1) AND (2) THEREOF, PERMITTING THE FULFILLMENT OF OFF-STREET PARKING REQUIREMENTS BY THE USE OF AN ALTERNATE SITE WITHIN 300 FEET OF THE PRINCIPAL BUILDING OR USE AND ESTABLISHING CONDITIONS FOR THE UTILIZATION OF SUCH ALTERNATE SITE;PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 37-76 is attached to the official copy of these minutes) 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 Del~ay Beach. John Federspiel, 400 Kings Lynn, Delray Beach, wanted to clarify if an individual could have an alternate parking lot. Mayor Scheifley stated that could be done within 300 feet. The Public Hearing was closed. Mr. Randolph moved for the passage of Ordinance No. 37-76, on Second and Final Reading, seconded by Mr. Weekes. Upon roll call, Council voted as follows: ~. Gomery - Yes; Mr. Randolph - Yes; Mr. Sanson - No; Mr. Weekes - Yes; Mayor Scheifley - Yes. The motion passed with a 4 to.1 vote. ~.c. The City. Manager stated Ordinance No. 44-76 is being presented for passage consideration on Second and Final Reading. ·'his ordinance, if passed, will amend Chapter 29 "Zoning" of the Code of Ordinances relative to district boundary lines. This ordinance was passed ~n First Reading at the December 13th meeting. 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. 44-76: AN O]w' ORI)INANCI'IS OF TllE c]i'j.'g OF I)ELI~AY BEACII I'iY I{EPI~AL~NG SECTION 29-17 (J) (1) AND ENACTING A NEW SECTION 29-17 (J) (1) ENTITLED COMMERCIAL REGU]..A'I)]]ONS, I'lf3TABLISHING A MINIMUM TEN (10) FOOT SETBACK WllERE TIIE REAR OR SIDE OF COMMERCIALLY ZONED PROPERTY ABUTS OR IS ADJACENT TO ~SIDENTIALLY ZONED PROPERTY, PROVIDING FURTIIER THAT THE SETBACK AREA SHALL BE LANDSCAPED AND THAT A SOLID FINISIIED ~SONRY WALL OR CONTINUOUS HEDGE SIX (6) FEET HIGH BE LOCATED ON THE PROPERTY LINE ON TIlE COI~ERCIALLY ZONED PROPERTY; AMENDING SECTION 29-17 (J) (3) (a) AND (b) TO DELETE THE WORDS "CO~IERCIAL OR"; PROVIDING A SAVING CLAUSE;' PROVIDING AN EFFECTIVE DATE. (~o~y of Ordinance 44-76 is attached to the official copy . of these minutes) The City Manager read the caption of the ordinance. A Public earing was held having been legally advertised in compliance with ~e laws of the State of Florida and the Charter of the City of Delray ~ach. There being, no objections, the Public Hearing was closed. Mr. Weekes moved for the passage on Second and Final Readinq of Ordinance~ No. 44-76, seconded by Mr. Sanson. The Council voted as iollows: Mr. Gomery- Yes; Mr. Randolph- No; Mr. Sanson- Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. The motion passed with a 4 to 1 vote. 8.d. City Manager Mariot~ stated Ordinance No. 45-76 is relative to annexing property in Section 8-46-43, west side of N.W. 5th Avenue between N.W. 9th Street and N.W. llth Street, subject to R-i~ (Single Family Dwelling) District. This ordinance was passed on First Reading at the December 13th meeting. 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 OrdJ. nance No. 45-76: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DEL~Y BEACH, FLORIDA, ANNEXING TO THE CiTY OF DEL~Y hE.ICH LOT 6, BLOCK 5, ~ENDED PLAT OF LAKE IDA GARDENS AS RECORDED IN PLAT BOOK 23, PAGE 192 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING. THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. (Copy of Ordinance No. 45-76 is attached to the official copy of these minutes) The City Manager read the caption of the ordinance. A Public IIearing 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. There being no objections, the Public Hearing was closed. Mr. Gomery moved for the passage of OrdJ. nance 45-76, seconded by r. Randolph. The Council voted as 'follows: Mr. Gomery - Yes; Mr. Randolph es; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. The motion as passed with a 5 to 0 vote. 8.e. City Manager Mariott stated Ordinance No. 47-76 is being presented ~or passage consideration on Second and Final Reading. This o~-dinance, if passed, will amend Chapter 25A "Removal of Certain Trees" of the Code of Ordinances.' This ordinance was passed on ~irst Reading at the December 13th meeting. Prior to passgge of this Ordinance on Second and Final Reading, a public hearing has been scheduled at this time. . · The City Manager presented Ordinance No. 47-76: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACII, FLORIDA, ~ENDING ARTICI,E II CItAPTER 25A "REMOVAL OF CERTAIN TREES" OF THE CODE OF ORI. INANCES OF TIlE CITY OF DEL~Y BEACII BY AMENDING S].s(..PIO 25A-15 TO ADD A SUBSECTION (e) TO ESTABLISH A PERMIT FEE FOR THE REMOVAL OF TREES; PROVIDING A SAVING CLAUSE; PROVIDING AN EI.'FECTIVE DATE. (Copy of Ordinance No. 47-76 is attached to the official, copy ~)f these .The City Manager read the caption of the ordinance. A Public Hearing was held having been legall~ advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach. Paul Friend, 1320 S.W. 20th Terrace, spoke concerning the above, and questioned if the primary purpose of the ordinance is to amend the City ordinances to establish a fee for increasing revenue for the City. City Manager Mariott answered by stating that it costs the City something to provide this service, and it is thought that by levying the fee, the fee would come close to paying the cost of providing the service. The purpose is also to prevent trees from being massacred in the process of development. Mr. Friend stated he is concerned about the fee structure that is outlined in the ordinance. The burden of the tax happen~ to fall most heavily on those who can least afford to pay it. Mr. Gomery replied that the object of the ordinance is to prevent the removal of trees except where something is being built, and the ordinance reads $5 for the first five trees inclusive. Mr. Friend stated he would like to see the f~e'higher, and also, as an alterna- tive to the fee, he would like to see the property owner given the choice to replant the trees that he has removed on his property or someone else's property. Mayor Scheifley invited Mr. Friend, as a result of the concern shown, to attend the Beautification meetings held on the first Wednesday of every month. The Public Hearing was closed. Mr. Sanson moved for the passage of Ordinance No. 47-76 on Second and Final Reading, seconded by Mr. Gomery. Upon roll call, Council voted as follows: Mr. Gomery - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. The motion 'passed with a 5 to 0 vote. 8.f. Assistant City Attorney Shandy stated that Ordinance No. 48-76 is being presented on first reading due to a substantial change. The City Manager presented Ordinance No. 48-76: AN ORDINANCE OF THE CITY. COUNCIL OF THE CITY OF DELRAY BEACtt, FLORIDA, AMENDING CHAPTER 7 "BEACHES" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY AMENDING SECTION 7-1 TO CREATE A NEW SUBSECTION (16) REGARDING STORING OR LEAVING UPON THE BEACH OF ANY BOAT; DELETING SUBSECTION 17, PERTAINING TO POLICE POWERS FOR LIFEGUARD CHIEF; RENUMBERING SUBSECTION (16); PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. City Manager Mariott read the Caption of Ordinance No. 48-76: Mr. Randolph moved for the passage of Ordinance 48-76 on First Reading, seconded by Mr. Sanson. Upon roll call, Council voted as follows: Mr. Gomery - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. The motion passed with a 5 to 0 vote. Mr. John Federspiel questioned the reason for changing %he ordinance, as he has had a boat down on the beach for 25 years. Mayor Sbheifley stated he thought there were complaints about boats ©.n the beach. Mr. Sanson stated those individuals who live in the area' feel that there is some danger with boats pulling in and off the beach, ~ut also an invitation for people to come and steal them or create crime. Mayor Sche~fley said that the quality of life would be improved, and the feature that most people consider objectionable is ~hat the beach should not be used as a public marina when there are ~arinas for storing boats. ~.~.. City Manager Mariott stated Ordinance No. 49-76. is to be ~resented for passage consideration on SeconG and Final Reading. This ~rdinance, if passed, will amend Chapter 29 "Zoning" of the Code of ~Ordinances relative to adding columbarium as a conditional use in conjunction with churches in zoning districts that allow churches. This ordinance was passed on First Reading at the December 13th meeting. 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. 49-76: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA AMENDING CHAPTER 29 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY AMENDING SECTION 29-5 (C) (1) SINGLE FAMILY DWELLING DISTRICTS, SECTION 29-6 (C) (1) MULTIPLE . FAMILY DWELLING DISTRICT, SECTION 29-7 (C) (1) MULTIPLE FAMILY DWELLING DISTRICT, SECTION 29-8 (C) (1) MULTIPLE FAMILY DWELLING DISTRICT, SECTION 29-11 (C) (3) GENERAL COMMERCIAL DISTRICT, SECTION 29-12 (C) (3) SPECIALIZED COmmERCIAL DISTRICT, AND 29-13 (C) (2) CENTRAL BUSINESS D~STRICT TO ADD COLUMBARIUM AS A CONDITIONAL USE IN CONJUNCTION WITH CHURCHES IN ZONING DISTRICTS THAT ALLOW CHURCHES; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 49-76 is attached to the official copy of these minutes) 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. There being no objections, the Public Hearing was closed. Mr. Gomery moved for the passage of Ordinance No. 49-76 on Second and Final Reading, seconded by Mr. Randolph. Upon roll call, Council voted as follows: Mr. Gomery - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes; Msyor Scheifley - Yes. The motion passed with a 5 to 0 vote. 8.h. City Manager Mariott presented Ordinance No. 50-76 amending Chapter 29 "Zoning" of the Code of Ordinances pertaining to setback requirements for the single family dwelling districts which has been prepared for Council consideration On Second and Final Reading at this time. This ordinance was passed on First Reading at the December 13th meeting. 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. 50-76: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY AMENDING SECTION 29-5 (F) TO REPEAL SUBSECTION (2) PERTAINING TO SETBACK REQUIREMENTS FOR THE SINGLE FAMILY DWELLING DISTRICTS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 50-76 is attached to the official copy of these minutes) The City Manager read the caption of the 9rdinance. 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 D~lray ~each. There being no objections, the Public Hearing was closed. Mr. Weekes moved for the passage of Ordinance No. 50-76 on Second and Final Reading, seconded by Mr. Gomery. Upon roll call, Council voted as follows: Mr. Gomery - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; M~. Weekes - Yes; Mayor Scheifley - Yes. The motion passed with a 5 to '0 vote. 8.i. City Manager Mariott stated Ordinance No. 52-76 is to be presented for passage consideration on Second and Final Reading This ordinance, if passed, will amend Ordinance No. 29-74 to change the "grantee" of the franchise from Leadership Cable Systems of Delray Beach, Inc. to Leadership Cable Television Systems, a Florida Limited Partnership. This ordinance was passed on First Reading at the December 27th meeting. Prior to consideration of passage ~f this ordinance on Second and Final Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance 52-76: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 29-74, SECTION 2 (e) TO CHANGE THE "GRANTEE" OF THE FRANCHISE FROM LEADERSHIP CABLE SYSTEMS OF DELRAY BEACH, INC., TO LEADERSHIP CABLE TELEVISION SYSTEMS, A FLORIDA LIMITED PARTNERSHIP. (Copy of Ordinance 52-76 is attached to the official copy of these minutes) 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. There being no objections, the Public Hearing was closed. Mr. Sanson moved for the passage of Ordinance No. 52-76 on Second and Final Reading, seconded by Mr. Randolph. Upon roll call, Council voted as follows: Mr. Gomery - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. The motion PaSsed with a 5 to 0 vote. 8.j. The City Manager stated that Ordinance No. 53-76 amends Ordinance No. 31-76 to provide for an exemption of $150 per water connection and $250 per sewer connection for developmen~ that have 50% or more of the development platted by January 10, 1977 and some minor additional amendments as provided by the Ordinance and in accordance with certain other contingencies set forth in the Ordinance as discussed at the December 6th Workshop meeting. This ordinance was tabled at the December 27th.meeting and discussed again at the January 3rd Workshop meeting. City Manager Mariott stated that most of the discussion at the January 3rd Workshop meeting, centered around the time frame that the Ordinance would permit as far as the grandfathering clause was concerned. The Ordinance that Council is reading from was pre- pared by the City Attorney's office following the Workshop meeting, to include for the longer of the two time frames that were discussed at the Workshop meeting. The time frame incorporated in the Ordinance corresponds to the time frame originally recommended by the City Attorney and Administration. Council had discussed changing the January 24, 1978 date to June, 1977. The City Attorney prepared the Ordinance with a longer time frame~ The City Manager presented Ordinance No. 53-76: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 27 "WATER AND SANITARY SEWERAGE" OF THE CITY'S CODE OF ORDINANCES BY REPEALING SECTION 27-2 (b) AND INSERTING A NEW'SUBSECTION (b) TO ADD CHARGES FOR METER INSTALLATION, FIRE HYDRANTS AND WATER CONNECTIONS AND EXCEPTIONS TO WATER CONNECTION CHARGE; AMENDING SECTION 27-2 (c) RELATIVE TO SURCHARGE; REPEALING SECTION 27-3 (a) (b) AND (c) AND INSERTING A NEW SUBSECTION (a) (b) AND (c) RATES FOR WATER INSIDE AND OUTSIDE CITY; ~ENDING SECTION 27-28 (a) TO ADD THE WORD "UNIT"; FURTHER AMENDING SECTION 27-28 (a) TO PROVIDE A SEWER SERVICE CHARGE FOR ALL TRAILER PARKS SERVED BY CITY WATER; AMENDING SECTION 27-28.1 TO ADD EXCEPTION TO SEWER CONNECTION CHARGE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. Mr. Weekes moved for the adoption of Ordinance No. 53-76 on First Reading, seconded by Mr. Randolph. Upon roll call, Council voted as follows: Mr.. Gomery -Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor schei~ley - Yes.. The motion passed with a 5 to 0 vote. Before roll call, the following comments were made. Mr. Sarno, developer of High Point of Delray, stated that / the time frame that Council is amending this to will not be sufficient as far as the grandfathering for High Point of Delray. He asked that the developers that have been building in Delray and proved themselves, have sufficient time to complete their development. Mr. Sarno advised that he has 141 buildings to complete. But, with this additional amendment he will not be able to complete the development in due time. ~e further stated that the City of Delray is telling him that unless he ~inishes in twelve months, he will be hit on a per-unit charge of $400. Mr~ Glassman, developer of Pines of Delray, said that he nas alrady paid for water and sewer prior to this time. Referring to a memo written January 30, 1973, Mr. Glassman stated that developers were asked to donate money to make improvements in the water and sewer system outside of their tracts so that they could develop. There was approximately $844,000 donated to the City of Delray to take care of water and sewer lines outside of the tracts of the developers own land. Council, he added is now going to put through an Ordinance to tax developers a second time on the same thing already previously paid. City Manager Mariott commented on some of Mr. Glassman's remarks by saying that he has argued long and hard with Council in favor of the longer grandfather clause. If you have an Ordinance that is unreasonable, it has much less chance of standing the test of time; he was in favor of the longer grandfather clause for that reason for fairness, and to minimize the chance of successful litigation against the City. However, City Manager Mariott stated he does not view the document that Mr. Glassman quoted from, as does Mr. Glassman. City Manager Mariott was one of the parties that was instrumental in putting the document together. It was the intent that the monies that the City attempted to receive from .the developers was to pay for off-sight installation of facilities without any fault being given by the City to the levying of this additional charge. The City has always required the developer to pay the entire cost of utility installation on site. The Ordinance being discussed has a third charge in mind; to levy a charge that would have the developer or the individual homeowner to buy into the existing utility system of Delray. City Manager Mariott stated he is inclined to favor the Ordinance but with an extension of the grandfather clause. 9.a. City Manager Mariott reported that the Planning and Zoning Board, at a meeting held on December 21st, recommended by unanimous vote that the minor site plan modification for the Unity Church of Delray Beach, located at the northwest corner of the intersection of ~winton Avenue and N.W. 22nd Street to allow a play ball court, subject ~o the Palm Beach County Health Department Day Care Standards for fencing be approved. Mr. Sanson moved to sustain the recommendation of the Planning and Zoning Board relative to the site plan modification for Unity Church of Delray Beach, seconded by Mr. Weekes, said motion passing unanimously. 9.b. City Manager Mariott reported that at a meeting held on December 18th, the Planning & Zoning Board recommended by unanimous vote that a' conditional use extension of one year to January 12, 1978, be granted for the dental office for Dr. Wuebbenhorst, located at the northwest corner of the intersection of N.E. 8th Street and Dixie Boulevard and zoned RM-10 (Multiple Family Dwelling) District be approved. Mr. Weekes moved to sustain the recommendation of the Planning and Zoning Board to extend the conditional use for Dr. Wuebbenhorst, seconded by Mr. Gomery, said motion passing unanimously. 9.c. City Manager Mariott reported that at a meeting held on December 21st, the Planning and Zoning Board recommended by unanimous vote that a parcel of land located in Section 9-46-43 at the northeast corner of the intersection of U.S. No. i and N.E. 8th Street be rezoned from RM-15 (Multiple Family Dwelling) District to GC (General Commercial) District. All the uses in the area are presently commercial and the proposed Land Use Plan designates this area as commercial. Mr. Randolph moved to sustain the recommendation by the Planning and Zoning Board, seconded by Mr. Gomery, said motion passing unanimously. Mr. Gomery moved that Council direct the City Attorney to draft an ordinance effecting the rezoning, seconded by Mr. Randolph, said motion passing unanimously. 9.d. City Manager Mariott reported that at a meeting held on December 21st, the Planning and Zoning Board recommended by unanimous vote that the City Council send a resolution to the County requesting the Board of County Commissioners to pass a resolution allowing the City to hold a public hearing to rezone Lots 20, 21, 60 and 61, Delray Beach Shores from RM (Residential Multiple Family) (County Zoning) to R-1AA (Single Family Dwelling) District (City Zoning). Mr. Gomery moved that the City Council send a resolution to the County requesting the Board of County Commissioners to pass a resolution allowing the City to rezone Lots 20, 21, 60 and 61, Delray Beach Shores from RM to R-1AA, seconded by Mr. Weekes, said motion passing unanimously. 9.e. City Manager Mariott reported that at a meeting held on December 21st, the Planning and Zoning Board recommended by unanimous vote that the preliminary plat for the Lakes of Delray l~cated in Section 29-46-43, at the southeast corner of the intersection of 1-95 and Linton Boulevard be approved, subject to the following: (1) The comments of the Director of Public Utilities, as stated in his November 9, 1976 memorandum (copy attached); (2) The conditions of the Central and Southern Florida Flood Control District, as stated in their December 13, 1976 letter (copy attached). Mr. Weekes moved to sustain the recommendation of the Planning and Zoning Board for a preliminary plat of the Lakes of Delray subject to comments of the Director of Public Utilities as stated in his November 9, 1976 memorandum, and conditions of the Central and Southern Florida Flood Control District as stated in their December 13, 1976 letter, seconded by Mr. Randolph, said motion passing unanimously. 9.f. City Manager Mariott reported that the City is in receipt of an application from John K. Brennan to annex two acres subject to the SC (Specialized Commercial) District. The subject property is in Section 29-46-43 and is located at the southeast corner of the intersection of 1-95 and Linton Boulevard. The Planning and Zoning Board, at a meeting held on December 21st, recommended by unanimous vote that the property be annexed subject to the SC Zoning District. Since this request for SC Zoning is in conformance with the proposed Land Use plan, it is recommended that Council request the City Attorney to prepare an ordinance effecting the annexation. Mr. Sanson moved that the City Attorney prepare the proper ordinance, seconded by Mr. Weekes, said motion passing unanimously. Mr. Sanson noted that all the illegal signs on this property have been removed. 10. The City Manager recommended that Council authorize payment of the City's bills. General Fund ................ $630,749.'49 Water & Sewer FLnd .............. 60.00 Utility Tax Fund ............... 60,000.00 -12- 1-10-77 Mr. Weekes moved that Council authorize p~2'ment of the City's bills, seconded by Mr. Gomery, said motion passin~ unanimously. Mr. Sanson questioned two items on Bills for ADDIo~al. One was the checks to the Mikells and the other to Mr. Simon. City Manager Mariott replied that he did not know what the checks to the Mikells~ were; the check to Mr. Simon was first payment for the architectural work on the Teen Town Center. This will be refunded as it is only an advance. Community Devel6pment funds will replace this. Mr. Gomery moved for the adjournment of the meeting, s~conded-by Mr. Randolph, said motion passing unanimously. The meeting was adjourned at 10:20 P.M. ' ~j// City Clerk APPROVED: MAYOR -13- 1/10/77 $2 82a' RESOLUTION NO. 67-76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACII, FLORIDA, ACCEPTING ALL SANITARY SEWERS INSTALL'ED IN THE }~MLET TRACT "D" KNOWN 'AS THE BOUGAINVILLA SUBDIVISION AND HAMLET DRIVE .EXTENSION TO MILITARY TRAIL INCLUDING LIFT STATION NO. 56-B AND FORCE MAIN AS OPERATIONAL AND SETTING THE INITIAL SCtIEDULE OF RATES, FEES, AND OTHER RELATED C[LARGES TO BE IMPOSED FOR THE SERVICES AND FACILITIES FURNISHED BY SAID SANI- TARY SEWER SYSTEM. WHEREAS, the City Engineer of Delray Beach, Florida, has certified as 9~ 'ational all sanitary sewers and related facilities in Hamlet Tract "D" kn~n as Bougainvilla Subdivision and Hamlet Drive Extension to Military Trail, including lift station No. 56-B and force main as shown on the Pre- liminary Plat designated above and as presented by the develope~'; WHEREAS, the said sanitary sewer system was inspected and approved as. operatignal by the Director of Public Utilities Department of the City of Delray Beach, Florida, WHEREAS, it is deemed to be in the best interest of the' affected properties that the initial schedule of rates,..fees and other related charges be imposed for the services and facilities furnished by the sewer system, as set forth and contained per Resblution No. 1359; and in Article III, Sanitary Sewerage, Chapter 27 of the Code of Ordinances of the City, shall become effective the 10th day of January , 1977, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF. THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That all sanitary sewers, related facilities, Lift Station 56-B and force mains installed in Hamlet Tract "D" known as Bougainvilla Subdivision and the Hamlet Drive Extension to Military Trail, hereby be accepted by the City of Delray Beach as being operational and the in. itial schedule of rates, fees and other charges previously established, and applicable thereto, shall become effective January 10 , 197~ Section 2. That nothing herein contained shall be construed as dis- charging the developer from strict performance of his remaining contractual ~uties, and that his bond remain in effect in all respects until released in accordance with his agreement with the City. PASSED AND ADOPTED in regular session on this the 10th day Df 'January , 197 7. ~TTEST: City Clerk 82b ORDINANCE NO. 37-76 AN ORDINANCE OF THE CITY COUNCIL OF THE CIS~f OF DELRAY BEACH, FLORIDA, AMENDING CIIAPTER 29 "ZONING" · OF TIlE 'CODE OF ORDINANCES OF T}~ CITY OF DELRAY BEACH BY AMENDING SECTION 29-18 (B)(2) BY ADDING SUBSECTIONS (a)AND (b)(1)AND (2) T~IEREOF, PER- M~.TTING 1/-IR FULFILI~MENT OF OFF-STREET PARKING REQUIREMENTS BY THE USE OF AN ALTEI~NATE SITE WITHIN' 300 FEET OF T}LE PRINCIPAL BUILDING OR USE , AND ESTABLISI{ING CONDITIONS FOR TI~E UTILIZATION OF SUCIt ALI~RNATE SITE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, TItEREFORE, BE IT ORDAINED BY THE CI'i~I COL%qCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:. _SE C_ .T.~ION ] ~ That Chapter 29-18 (B) (2) of the Code of Ordinances of the City of Delray Beach, Florida be amended to read as follows: ao. All parking spaces 'shall be located on the same lot or parcel of 'land that the principal building or use is located~ -- except that in the GC (General Commercial) or SC (Specialized Commercial)., zoning districts, the off-street Darkinq requirements may be satisfied by locatinq part or all of the required .spaces on a site within 300 feet of the lot or parcel of lamd on which the principal use or buildinq is located. b. Conditions under which alternate location of off- street parking provided in subparagraph "a" may 'be utilized: 1. The alternate parking site may not be located in an area residentially zoned. 2. The owner of said alternate off-street parking area and the owner of th,e principal use or building (including the land on which it is situated) shall enter into a written agreement with the City of Delray Beach (in such form as may be approved by - the City Attorney) with enforcement running to the · City of Delray Beach, pr. oviding that the land com- ' prising the-alternate off-street parking area shall never be disposed of except in conjunction .with the transfer or sale of the building which the parking area is intended to serve so long as the parking i facilities are required. Tq~e owner agrees that such agreement shall be in recordable form, the expense of' recording to be borne by the owner and that the agreement shall constitute a covenant running with the land binding upon the owner's heirs, admin- istrators, successors and assigns. The agreement ! shall be released by the chief bui£ding official of : the city of Delray Beach at such time as the alter- i hate off-street parking facili'ties are no longer required or when the owner provides other ].awful off- street parking facilities. 82c SECTION 2. That should any section or provision o'f this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of'the remainder hereof as a whole or part thereof other than the part declared to be invalid. ~.' SECTION 3. That this ordinance shall become effective ten days after passage on second and final reading. PASSED AND ADOPTED in regular session, on second and final read- ~ng on this 10th day of January ,1977 ATTE S T: j City Clerk First Reading December 13, 1976 Second Reading. January 10~ 1977 - 2 - O]~d No. 37-76. 82d / ORDINANCE NO. 44-76 AN ORDINANCE OF TI~ CITY COUNCIL OF THE CITY OF DELI~Y BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING" OF TItE CODE' OF ORDINANCES OF THE CITY OF DELRAY · BEACH BY' REPEALING SECTION 29-17(J) (1) AND ENACTING A NEW SECTION 29-17(J)~(1) ENTITLED COMMERCIAL REGU- LATIONS, ESTABLISHING A MINIMUM TEN (10) FOOT SETBACK WHERE THE REAR OR SIDE OF COMMERCIALLY ZONED. PROPERTY ABUTS OR IS ADJACENT TO RESIDENTIALLY ZONED PROPERTY, PROVIDING FURTHER THAT THE SETBACK AREA SHALL BE i~ LANDSCAPED AND THAT A SOLID FINISHED MASONRY WALL OR CONTINUOUS }{EDGE SIX (6) FEET HIGH BE LOCATED ON THE PROPERTY LINE ON THE COMMERCIALLY ZONED PROPERTY; AMENDING SECTION 29-17 (J) (.3) (a) AND (b) TO DELETE THE WORDS "COMMERCIAL OR"; PROVIDING A SAVING CLAUSE; PROVIDING .AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY TILE CITY COUNCIL OF THE CITY OF i~i~LERAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 29-17~) (1) of the Zoning Code of the City ~f Delray Beach is hereby repealed and the following section is enacted in ~ubstitution thereof: (1) Commercial Regulations a. Where the rear or side of commercially zoned property directly abuts residentially zoned property without any division or separation between them, such as a street, alley~ raii~-oad, waterway, park, or.other · public open space, the commercially zoned property shall provide a ten (10) foot setback from the pro- perty line located adjacent to the residentially zoned property. This shall be a l'andsc~ped area. In addition, a solid finished masonry wall or continuous hedge six (6) feet high at the time of installation shall be located at the property line of the commercially zoned property. The masonry wall or hedge must be located only on the rear or side of the commercially zoned property that directly abuts the residentially zoned property. No walkways or other pedestrian ways shall be located through this wall or hedge. · · b. Where the rear or side of commercially zoned property - does not directly abut residentially zoned property but is separated from it by an alley, the commer- cially zoned property shall provide a ten (10) foot setback from the property line located adjacent to the separator. This shall be a landScaped area. In addition, a solid finished masonry wall or continuous hedge six (6) feet high at the time'of installation shall be located at the property line ~ of the commercially' zoned property. The wall or hedge must be located only on the rear or side of the commercially zoned property that is adjacent to, but separated from the residentially zoned property. A driveway of not more than 24 feet in width shall be allowed through the wall or hedge even if the commercially zoned property has access from some other right-of-~ay or street. c. The setback requirements set forth in "a" and "b" above are to be construed as minimum requirements. 82e Should there be setback requirements in other portions of this zoning code which are more restrictive than the setback in "a" and "b" above, then the more restrictive setbacks shall apply. Section 2. That Section 29-17(J) (3) (a) and (b) of the zoning code of the City of Delray Beach, Florida, be amended to read as follows: (3) (a) Where the ~mme~a~-~ industrial property only has access from the street separating it from the residential property, no paving shall be permitted in the landscaped setback, except for permissible driveways or walkways leading to a structure. Such.driveways and walkways shall be permitted only when points of ~ingress and egress are generally perpendicular to the property line. (b) Where the ~mme~e~a~-~ industrial property ' has access from a street other than tl~at separating it from the residential property, no driveway or walkways shall be permitted in the landscaped setback. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof ~ a whole or part thereof other than the part declared to be invalid. Section 4. That this ordinance shall become effective ten days after passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this 10th day of Januar~ , 197 ? . ATTEST: City Clerk First Reading. December 13, 1976 Second Reading. ~nuar¥ - 2 - Ord. 'No. 44-76 ! · 82f NW 5th Avenue Between NW 9th St & NW llth St. ORDINANCE NO. 45-76 AN ORDINANCE OF TliE CITY COUNCIL OF TIIE CITY OF DELRAY BEACH, FLORIDA, ANNEXING :FO THE CITY OF DELRAY BEACII I,OT 6, BLOCK 5, AMENDED PLAT OF LAKE IDA GARDENS AS RECO]~DED IN PLAT BOOK 23, PAGE 192 OF TIlE PUBLIC RECORDS OF PALM BEACtI COUNTY, FLORIDA, WIIICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING TIlE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR TIlE · ZONING TIIEREOF. WHEREAS, H.. Edward Galloway and Maureen T. Galloway, his wife are the fee simple owners of the property hereinafter described;, and, WHEREAS, H. Edward Galloway and Maureen T. Gallo{~ay, his wife, by their petition have consented and given permission for the annexation of said property by the City of Delray Beach; and, WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in accordance wit]] Section 177.044 of the Florida Statutes, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: . " SECTION 1. That the City Council of the City of Delray Beach, .?aim'Beach County, Florida, hereby annexes to said City ~.he followiDg ~iescribed tract of land locat_u in Palm Beach County, F~orida, which lies contiguous to said City, to-wit: Lot 6, Block 5, Amended Plat of Lake Ida " Gardens, according to the Plat thereof, as recorded in Plat Book 23, Page 192 of the Public Records of Palm Beach County, Florida. SECTION 2. That the Boundaries of the City of Delra~ Beach, Florida, are hereby redefined so as to include therein the above described · ract of land and said land is hereby declared to be within the corporate limits of the City of Delray Beach, Florida. .. SECTION 3. That the tract of ].and hereinabove described is hereby ~eclared to be in Zoning District R-1AA, as defined by existing ordinances ~:f the City of Delray Beach, Florida. SECTION 4. That the land hereinabove described shall immedigtel~ become subje'ct to all of the franchises, privileges, inununities, debts, ~bligations, liabilities, ordinances and laws to which lands in the City ~f Delray Beach are now or may be subjected and persons residing thereon m~hall be deemed citizens of the city .of Delray Beach. SECTION 5. That if any word, phrase, c].~use, sentence or part of %'his ordJ. nance shall be declared illegal by a Court of competent juris- ~.~iction, such record of illegality'shall .in no way. affect"the remaining .?ortion. · PASS].]D AND ADOPTED in regular session on the second and final zeading on' the lOth day of January ,.1977. ~t~cond Readin(.! Jm'm~u'y ].0, 1977 82q I I '--... 1 --- ~. · .-~,%. ' ~' " ~ ~"'~ F- - I F ..... , .- ' ~ , ...~r '"~ . ~ / L~ 1'_ iI! ' / iii " I ~i " ~' ~_ . .....' "' _~'.t_.~ . ~: ; :~- .. , : i ' I ~.,. :- ~-.:~- : . ~.. ( i ........ ~.=~ ~ .... , '~'~' ~ p..1'--..~ ' ,- I" : ~ . ' '/ .-' I I.:: , i: {.',' ; . I'_ ~., , ' · "' '. ~ ~ I ~ %:... ~ + ... ~-% ~" l ........ ~ R ~ A'ZE_ ' ~ · ~ ~, '~ i .... ,"' ~ ' ' ' ' ' ~' ' '1 ~ ~ ' ~' "-~'- ~' - I~.: 1 ii i,,~.:L L l,. i.~ I ~ .~ . ¢.J~x-~ ~;~7~~ i. w ~ '~- F '" '~ " ~ ' ~ " ' ~" :', ~.' ',x .', ..... :.... .... ....l -F-! ............. ... , ~,:_ · ~. :, I ,' ,~ ~ .,. A ~~'"~." ~ ' ~,..~ ....... :-:~:.:~:~ '~.. .... . ,1 , .... ~-.. , .... m~ '~ ........ ~ ......................... ~.- - , , ' ., ~ / . ! 82h ' .ORDINANCE NO. 47-76 AN ORDINANCE OF' %/{E CITY COUNCIL OF Tt-~R CITY OF DELRAY BEACH, FLORIDA, AMENDING ARTICLE II · ' '? CHAPTER 25A "REMOVAL OF CERTAIN TREES" OF THE ::i'.:...~ CODE OF ORDINANCES OF ~7{E CITY OF DELRAY BEACH '" BY AMENDING SECTION 25A-15 TO ADD A SUBSECTION (e) TO ESTABLISH A pERMIT FEE FOR THE REMOVAL OF TREES; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY DELRAY BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That Section 25A-15 of the Code of Ordinances of City of Delray Beach is hereby amended by adding a sub'se.ction (e) read as follows: (e) There shall be paid to the Building Department a per.mit fee of $5.00 for the first five (5) trees removed plus 50 cents for each additional tree. ' · SECTION 2. That should any section or provision of this Ordi- ~nce or any portion thereof, any paragraph, sentence or word be declared a Court of Competent jurisdiction to be invalid, such decision shall affect the validity of the remainder hereof as a whole or part thereof ~.'~:her than the part declared to be invalid. SECTION 3. That this ordinance shall become effective ten days ~ :i[!ter passage on second and final reading. PASSED AND·.'ADOPTED in regu.lar session on second and final ~ding on this the 10th day of January ,197~ ,~i:TE S T: MAYO .... ~ City Clerk '~'irst Reading. December 13, 1976 ~-<~cond Reading. Janua~-y 10, 1977 821 ORDINANCE NO. 49-76 AN ORDINANCE OF TIIE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA AMENDING.C}LAPTER 29 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY · BEACH BY AMENDING SECTION 29-5(C) (1) SINGLE FAMILY DWELLING DISTRICTS, SECTION 29-6(C) (1) MULTIPLE .. FAMILY DWELLING DISTRICT, SECTION 29-7(C)(1) MULTIPLE FAMILY DWELLING DISTRICT, SECTION 29-8(C) (1) MULTIPLE FAMILY DWELLING DISTRICT, SECTION 29-11(C) (3) GENERAL COMMERCIAL DISTRICT, SECTION 29-12(C) (3) SPECIALIZED COMMERCIAL DISTRICT, AND 29-13(C) (2) CENTP~AL BUSINESS DISTRICT TO ADD COLUMBARIUM AS A CONDITIONAL USE IN CONJUNCTION WITH CHURCHES IN ZONING DISTRICTS TILAT ALLOW CHURCHES; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF' THE CITY OF DELRA5 BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 29-5(C)(1); Section 29-6 (C) (1); Section 29-7(C) (1) and Section 29-8(C)(1) be amended to read as follows: (C) (1) Churches or places of worship, and their attendant educational and . recreational and columbarium facilities Section 2. That Section 29-11'(C)(3) and Section 29-12(C)(3) be amended to read as follows: (C) (3) Churches or places of worship7 and their attendant educational and , recreational and columbarium facilities Section 3. That Section 29-13(C)(2) be amended to read as follows: (C) (2) Churches or places of worship? and their attendant educational and , · ~-~reational and columbarium faciliti--es Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole.or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective ten days after ssage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on ~nis t~e . 10th day' of January ., 197 ? . ATTEST: First Reading. Deceml,er 1._3_,~.1976 Second Reading_ danugr~. 10~ .1.~/[7 ~ ORDINANCE NO. 50-76 AN ORDINANCE OF THE CITY COUNCIL OF %~E CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 .:... "ZONING" OF T~E CODE OF ORDINANCES OF THE CITY · :.~.' OF DELRAY BEACH BY AMENDING SECTION 29-5 (F) '" TO REPEAL SUBSECTION ·(2) PERTAINING TO SETBACK REQUIREMENTS FOR T~~E SINGLE FAMILY DWELLING DISTRICTS; PROVIDING A SAVING CLAUSE; PRO- VIDING AN EFFECTIVE .DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF ~{E CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 29-5 (F) of the Code of Ordinances of the City of Delray Beach, Florida be amended by repealing subsection (2) thereof, as follows: Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of. competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. ~at this ordinance shall become effective ten days after passage on second and final reading. '- PASSED A~ ADOP~D in regular session on second and final reading on this the 10~h day of Januar~ ,197 7. ATTEST: 82~c ORDINANCE NO. 52-76 AN ORDINANCE OF TI~ CITY COUNCIL OF THE CITY OF · DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO.. 29-74, SECTION 2(e) TO CHANGE THE "GRANTEE" OF · ' TI{E FRANCHISE FROM LEADERSHIP CABLE SYSTEMS OF DELRAY BEACH, INC. TO LEADERSHIP CABLE TELEVISION -SYSTEMS, A FLORIDA LIMITED PARTNERSHIP. WHEREAS, the City of Delray Beach has been requested by the Leadership Cable Systems of Delray Beach, Inc. to transfer the franchise to Leadership Cable Television Systems; and, WHEREAS, the City administration'and the City council concur in this request, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF T~ CITY . OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Ordinance No. 29-74, Section 2(e) is hereby amended to read as follows: (e) "Grantee" is Beae~7-~e~ Leadership Cable Television Systems,. ~ Florida Limited PartnershiD, duly authorized to transact business in the State of Florida, or anyone'who succeeds Bea~e~h~p-ga~e-Sy~ems-~ Be~y-Beaehr-~er Leadership Cable Television Systems, a Florida Limited Partnership, in accordance with the provisions of this Franchise. Section 2. This ordinance shall become effective immediately upon passage on second and final reading. PASSED AI~D ADOPTED in regular session on second and final rea~ing on this the 10th day of January ,' 197 7.- ATTEST: - ~ -City Clerk First Reading December 13~ 1976 Second Readin~ January l0, 1977 82L