06-27-77 297
JUNE 27, 1977
A regular meeting of the City Council of the City of Delray
Beach, Florida, was held in the Council Chambers at 7:05 P. M., Monday,
June 27, 1977 with Mayor James H. Scheifley presiding, and City Manager
J. Eldon Mariott, City Attorney Roger Saberson, and Council members
Robert D. Chapin, David E. Randolph, Aaron I. Sanson, IV., and Leon M.
Weekes, present.
The Lord's Prayer was repeated in unison.
2. The Pledge of Allegiance to the flag of the United States of
America was given.
3. Mr. Sanson moved for the approval of the minutes of June 13,
.977, seconded by Mr. Weekes. Said motion passed unanimously.
|.a. Mr. ~hapin commented that since he has been driving by on
;econd Avenue and Second Street he has been impressed with the landscaping
that Winn Dixie has been doing and as far as he.can see, it is a voluntary
effort on their part; this is an outstanding contribution to aesthetic
beauty of the City of Delray and it would be appropriate for the City
~dm±nistration to send them a letter of commendation.
Mayor Scheifley stated he talked to the Manager of Winn Dixie
and congratulated him. The Mayor commented that he made 'he same suggestion
to the Beautification Committee at their last meeting. Ti~ay have
Beautification Awards which they give for projects like that and he
recommended that the Manager of Winn Dixie receive one; however, they felt
that they would rather wait six months and see whether the area is maintained
and then send it ta them.
Mr. Weekes commented that as a practical matter, they are making
exterior improvements to the building also and the landscaping is the result
of a CAB ordinance where they had to come before the CAB to make the
improvements and the CAB insisted on the landscaping.
4.b. Mr. Sanson commented on the attempts to help clean up the Delray
Mall area in putting in extensive landscaping.
4.c. Mr. Sanson stated that Council was given a memo on June 13th,
regarding a motion made by the Financial Advisory Board relative to the
purchase of the Delray Beach Country Club. It stated that a letter should
be written advising the owners of the City's potential interest in
purchasing the property; Mr. Sanson asked if this has been done.
Mayor Scheifley stated the City Manager informed him that he
has made a draft of the letter addressing the parties who~'may be owners
of the Delray Beach Country Club and shoul~ go out tomorrow.
4.d. Mr. Sanson stated Council was given a memo from the City Attorney
stating that the District Boundary Line ordinance for industrial zones would
be on'the agenda and questioned why it is not.
The City Attorney stated they are waiting for comments from
~he committee members as to any ~possible last minute changes they would
like to make in the ordinance.
4.e. Mr. Sanson stated he was distressed to receive a copy of a
letter to the Mayor from Mr. Brennan relative to the piece of property on
Linton Boulevard and Germantown Road and the rezoning. When Council proposed
to change the zoning to GC, he expressed some feelings that Mr. Brennan
should be notified and that Council shouldn't do things without assuring
him of a chance to understand what was going on. Mr. Sanson added that he
was told not to worry about it, that Mr. Brennan would be at the Planning
and Zoning Board meeting and there would probably be no problems, yet
the letter indicates that the problems he saw came to fruition. Communica-
tions with Mr. Brennan could have avoided this and Mr. Sanson stated he
would like to think that the Planning & Zoning Board would take whatever
steps are necessary to see that Mr. Brennan is consulted.
4.f. Mr. Sanson suggested that Council entertain a motion to
~me the beach bath house area the Sarah Gleason Park.
Mr. Sanson moved that the City Council approve the adoption
of the name Sarah G. Gleason Park to be applied to the area on the
~orner of Atlantic Avenue and A1A commonly referred ~o as the Beach
Bath House area, seconded by Mr. Weekes. Said motion passed unanimously.
Before roll call, Mayor Scheifley commented that Sarah G.
~leason is one o~the members of the family that donated that land to
td%e City many years back.
Mayor Scheifley commented on the luncheon held at Patricia
~phy's in honor of the Morikamis. He stated he presented Mr. Morikami
~th a certificate making Neri Yano the Mayor of Miyazu~, Japan, an
!~norary Mayor 6f the City of Delray Beach &long with a history book
'of~ the history of Delray Beach. The County gave them a portrait of
~rikami, Park.
Mr. I. W. Kresser, 234 N.E. 17th Street, Delray Beach,
~mmented on ~he news article written in regards to the $25,000 originally
6£fered and the $27,500 ~hat was given in settlement of the Clemens case.
~2 asked when the City of Delray Beach was going to stop wasting the
~xpayers' money on attorney fees to pay for continued mistakes.
5~b. Mr. Paul Walton Ledri~ge, 1003 Seagate Drive, Delray Beach,
~.~ated ~is reason for b~ing~.at this Council meeting is in an effort
i~ maintain the present business zoning of two parcels of'beach land;
~.l~e only two business owned pieces left east of the waterway. He stated
!~ey are in complete agreement with ORDINANCE No. 37-77 which reduces
.%~at area from General Commercial to Limited Commercial. This knocked
(~u~ 24 classifications which Council obviously considered objectionable
~.~ odious. The Land Use Map hurts these two parcels, one locate~l on
~ou~h Ocean Boulevard to Salina south of Atlantic Avenue and the other
~3acated south of Atlantic Avenue on Venetian Drive down to and including
%h~ corner of Mira Mar. This area has been described lately as primarily
~sidential in naturc. Mr. Ledridge asked Council if they really want
i%~ close the doors on the two last business lots in the beach area.
?.~c. Mrs. Phyllis Carey, 524 Andrews Avenue, Delray Beach, stated
ilhat she has noticed that there are garbage containers all along A1A
~n the east side; however, there sre none in the parking lot behind the
!~sach fire station and that is getting to be a bad area; there are rats
~nd other vermin in there. This area should be cleaned up and garbage
<:~ntainers placed there.
Mayor'S~heifley asked the City Manager to look into this
~situation.
%.d. John I. Gotlinger, 1710 S. Ocean Drive, Delray Beach, stated
.~ccording to the papers work at the bridge at Linton Boulevard has been
~opped because it was not really four lanes but six lanes. After the
~-op was issued by the Coast Guard, he fe~ls there should be a precedent
~stablished that when a Federal, State or any authority comes inside the
~urisdiction of the City of Delray Beach, "that the ABS, Name and Address,
~{ank and Serial Number, etc., because had that been done the City would
h~ve its four lane brid~e". Mr. Gotlinger added when they drove the column~
~own 10 feet from the wall of the house, illegally, dishes, etc.,were
Broken. He stated he thinks it is the City Council's responsibility to
see, thoroughly, that the City has the~power and protection that they
need in situations like this.
6.a.1. The City Manager reported the second round of EDA funding in
the'amount of $872,000 allocated to Delray Beach is recommended to
~ouncil for formal action tonight in line with the discussion had at the
workshop meeting where it was informally decided to make an allocation
~f the $872,000 in this manner: $400,000 for sanitary sewers, $150,000
fOr installation of water line on Barwick Road, $322,000 to the County
School System to be used toward the construction cost of a media center
at Plumosa School in Delray Beach. Council informally agreed and authorized
the consulting firm of Russell & Axon to prepare the two necessary applica-
tions costing approximately $4,500 each and the money for ~the payment of
~he cost will come from the grant funds.
- 2 - 6/27/77.
299
Mr. Chapin moved that Council formalize the actions taken
at the workshop meeting on June 24th, as outlined by the City Manager,
to spend EDA funds - $400,000 for sewer work, $150,000 for water line
on Barwick Road and to share $322,000 for School Board for the library
~at Plumosa School, to hire Russell & Axon to do the necessary work to
~process these funds through EDA, seconded by Mr. Randolph.
Mr. Sanson offered a substitute motion that the firm of
Russell & Axon not be retained and the City seek other Counsel. The
motion died for lack of a second.
Mr. Sanson stated he will vote against the motion on the
basis that he feels very strong%y that that firm should not be
retained.
Upon roll call, Council voted as follows: Mr. Chapin - Yes;
r. Randolph - Yes; Mr. Sanson - No; Mr. Weekes - Yes; Mayor Scheifley -
~s. Said.:motion passed with a 4 to 1 vote.
~.a.2. The City Manager reported that at the June 24th workshop
meeting Mr. Weekes make the suggestion that in addition to the $1
million dollar primary coverage that the City purchase $1 million
dollars access liability coverage at an annual premium of $30,000
from the American Home Insurance Company. All of this was .~n line
with conversation had at the workshop meeting concerning a memorandum
d~ted June 24, 1977 from. the City Finance Director addressed to the
City Manager.
Mr. Weekes moved that Council purchase $1 million access
liability coverage for the City in accordance with the recommendation
of the City's insurance advisors, seconded by Mr. Chapin. Said motion
passed unanimously.
6.a.3. The City Manager announced that a workshop meeting will be
held on Wednesday, June 29th at 7:00 P.M. concerning the Water Plant
Expansion.
6.b. The City Manager recommen¢~ed that Council approve execution
of a City-County agreement for the use of a portion of the Catherine
Strong Center for the~Day Care Program to be operated by the County
Community Action Council. The Agreement is the same as prior agreements
except there are 35 participants instead of 20.
Mr. Randolph moved that Council authorize the Permissive
Use Agreement between the City of Delray Beach and Palm Beach County
CAC for utilization of the Catherine Strong Community Center, seconded
by Mr. Weekes. Said motion passed unanimously.
6.c. The City Manager recommended that Council authorize the execu-
tion of a right-of-way deed from the Palm Beach County School Board to
the City for 25 feet on S.W. 3rd Street and 50 feet on S.W. 12th Avenue
bordering Carver Middle School. The City requested execution of the right-
~f-way deed because of difficulty in enforcing traffic regulations. The
~hool Board has agreed to the dedication.
Mr. Weekes moved that the City accept the rigkt-of-way deeds
~ accordance With the recommendation of the Administration, seconded
~y Mr. Randolph. Said motion passed unanimously.
6.d. The City Manager reported that Council authorized the refund
of certain Interim Service F~cilities. Fees at the June 13th meeting,
at which time Council's decision on the refund of $2,615 to the Melrose
Development Company was deferred to a future meeting. It is recommended
that Council authorize the settlement with the Melrose Development Company
'in the total.amount of $2,615 on the same terms and under the same
schedule as the schedule previously approved by Council for the other
settlements and that Council authorize the transfer of $670 from the
General Fund Contingency Account to the payment of this particular fund.
Mr. Chapin moved that Council approve the recommendation of
the City Attorney in considering a refund for Melrose Development Company
in the amount of $2,615 aS full settlement of its Interim Service Facilities
Fee of the ordinance claim and that $670 be transferred from the Contingency
Fund for this payment, seconded by Mr. Weekes. Said motion passed unanimously.
- 3 - 6/27/77.
aoo
~,e. The City Manager reported at the May 23rd meeting, Council
passed Resolution No. 31-77 requesting permission from the Board of
County Commissioners to rezone a 133.73 acre parcel of land on the
north side of Lake Ida Road between Barwick Road and Congress Avenue
to be annexed from AG (Agricultural) (County Zoning) to PRD-7 (Planned
~esidential District) (City Zoning). A resolution was adopted by the
Board of County Commissioners on June 21st, approving density change for
the property to be annexed to the City. It is recommended that the City
Attorney be directed to prepare the ordinance effecting the annexation.
Mr. Randolph moved that Council instruct the City Attorney tO
prepare the ordinance effecting the annexation of the parcel of land on
the north side of Lake Ida Road between Barwick Road and Congress, 133.73
acres, seconded by Mr. Chapin. Said motion passed unanimously.
~.a. The City Manager reported that the City is in receipt of an
a~pplication from Mr. and Mrs..Robert R. Kipp for City water service to
serve 601 Linton Boulevard located outside the City. The applicants
~aving executed the City's standard agreement for the providing of water
service outside the City conditioned upon the applicants' property being
~nnexed into the City, when such is eligible for annexation, approval of
~he applicants' request for water service is recommended.
A questiOn was raised regarding annexing property if the right-
~f-way has been annexed and the City Attorney stated there is a distinction
· ~tween whether or not you are annexing to gain the contiguous requirement
or whether or not it has already been annexed. The City Attorney stated
that this should be approved because once they are contiguous they will
b'e annexed; the only thing about this is it has always been questionable
to annex based strictly on a street even though there was an amendment to
· .he annexation statute that raised the distinction talked about.
Mr. Weekes moved that Council approve execution of the agreement
· o furnish water and sewer to the property described in item 7.a., 601
· inton Boulevard, Mr. and Mrs. Robert R. Kipp owners, seconded by
~r. Randolph. Said motion passed unanimously.
~.a. The City Manager reported that Resolution No. 30-77, relative to
~stablishing and adopting certain comprehensive land use planning elements
for the City, was adopted by Council at the May 23rd meeting. A public
hearing is scheduled to be held at this meeting having been legally adver-
tised in compliance with the la~:'~ of the State of Florida and the Charter
~f the City of Delray Beach, Flor'ida.
The City Manager read the following letter delivered today from
~r. John J. Walker dated June 27, 1977 concerning this item.
"In the near future final planners and plating for
the Spanish Wells development and Shady Woods
development will be coming before the City Council.
This represents an impact on the Linton Boulevard
area of an additional 490 units. These develop-
ments will be coming off the ground this fall.
It is my opinion with the rapid growth that is
taking place in the immediate area, that there
will be a necessity for some commercial develop-
ment in the area. The N.E. corner of Linton
Boulevard and Military Trail, I feel, is the' most
logical piece to be developed. Utilities are
readily available and the traffic pattern would
be better served for the growth that'is here
and coming.
Thank you for your consideration in this matter.
John Jo Walker"
The City Manager stated this is the only communication he has
concerning this item.
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301
The Mayor declared the public hearing open and the following
people appeared. It was suggested by the Mayor for Council to vote on
each item as they are presented to Council. The City Attorney stated
this was fine but if there is no change, Council need not make a motion.
Allan Siegler,attorney from West Palm Beach, Florida,
representing Dr. William Lee, owner of 20 acres of property on the
northeast corner of Linton Boulevard and Military Trail, stated it is
their opinion that the commercial in existence and plan for the area
is insufficient to satisfy the needs of both the residences that are
already there and those that are proposed according to the Delray Beach.
Land Use Plan and the Palm Beach County Land Use Plan. Developments such
as Spanish Wells, Shady Woods, the Pines of De!ray, Sherwood Park, and
Lakeview Greens warrant additional commercial growth in the area; such
~ommercial growth and a recommendation on the Land Use Plan of four
ommercial developments in this particular area is in conformity with
he recommendation of Mr. Leal, the Planning Consultant. The area which
s presently zoned for single family residential usage is not in
ccordance with good planning concepts"for the quality type of development
of single family residential usage; the traffic does not warrant it.
Mr. Siegler stayed that Dr. Lee wants to put the land into a
planned commercial type development and is seeking a major chain store
for the development. Also he wants to use court year type approach, with
walkways, pedestrian corridors, fountains, landscaping and park benches.
They feel that this will increase the tax base, provide a quality planned
development, serve the definite needs; the residential use which is
recommended and zoned for at present is not the highest and best use.
William Lee, 14473 Gallagher Road, Delray Beach, stated
he thinks the property should be planned commercial; it is a main
intersection and the traffic pattern would be to the best advantage on
the northeast corner of this 20 acres.
Bill Plum, local realtor, 800 N. Andrews Avenue, Delray Beach,
stated he has no interest in the property or in Dr. Lee's interest at this
time but would like to express a professional opinion. This particular
corner of Linton Boulevard (northeast corner) fall directly in like with
good planning and the opinion he has received from people who are in the
planning business is that intersections are the place for commercial
business and it seems that this would be an ideal location for such a
commercial establishment; to zone it on the basis of single family
residence does not make any sense and this opinion is rendered strictly
as a professional realtor.
Mr. Leal,Planning Consultant, stated that the original proposal
contemplated commercial on the northwest and northeast corner of that
intersection. The purpose of that commercial was to allocate some land
for neighborhood convenience commercial for the people who had their
residences close by. At the time it was considered by Council and when
reviewing this particular portion, it was felt it was better to con-
centrate that neighborhood commercial on the northwest corner alone.
In any case, the total acreage that they were thinking of for such an
intersection and for such a use, was substantially less than a 20 acre
parcel. He does not see any indication or any land use planning reason
to change the recommendation made by Council at the time this particular
parcel was evaluated.
Dan Kotulla, Planning Director, stated he primarily agrees
with Mr. Leal that if there is a need in that area, he does not feel
that commercial would be needed on both sides'; he would prefer to see
it remain on the west side rather than interject it on the east side
which would be predominantly a residential type development. He concurs
that it should remain as is on the Land Use Plan.
Frank Care¥, Chairman of the Planning & Zoning Board, stated
that based on the recommendation of the Master Plan, there is ample
commercial development north of that area, and several miles to the
east another large commercial development. The needs that are adequate for
the City is considerably larger than the present size; this is projected
out of the terms of commercial area for a city basically going into the
65,000 to 75,000 population bracket and concurs with the present plan.
- 5 - . 6/27/77.
302 .
Mr. Sanson stated he feels the way the land use plan is
presently drawn up is proper. It seems that by putting in a commercial
spot there you are creating spot zoning; the commercial facility itself
would be bordering on developments which will be off'an upper income
level and it would be unfair to have potentially a commercial development
~hat might draw in late night crowds and noise, etc. He stated he feels
very strongly that there is adequate commercial to serve the population
at the Delray Mall, the proposed Brennan property, Mr. Koch's property
and the spot 'on the western side.
Mr~~ Weekes.stated he agrees that the City needs shopping
facilities at that intersection of a convenience nature and there is
a convenience size neighborhood center shown on the northwest corner
and he thinks that is adequate for the area.
Mr. Chapin stated he concurs with the findings and views of
the Planning Consultant, City Planner and Mr. Carey and he would not
change the plan as it is now proposed.
Mr. Randolph stated he concurs in part, however, he has not en-
visioned a 20 acre tract at the northeast corner as proposed by Attorney
Siegler and Dr. Lee. From the onset, he had basically favored a convenience
type operation there. He stated he would not favor a 20 acre plat but
something a little less.
Mr. Randolph moved that the northeast corner of Linton and
Military Trail be designated commercial to a maximum of 10 acres.
The motion died for lack of a second.
Charles Hill, 475 N.E. 1st Street, spoke regarding the property
on the south side of S.W. 10th Street, east of 1-95, stating that this
property was requested of the owner by the City Council of 1959 to annex
to the City of Delray Beach so that they could annex the Rainbow Homes
subdivision. The owner agreed to the annexation and the City Co~cil
agreed, at 'that time, in Ordinance No. 323, that said property would be
described, annexed and zoned as C-2 General Commercial. Subsequent
to that, the Land Use Plan changed that to RM-15. As a result of Council
lnvestigation in 1974 and Mr. Moore (former owner) appearing before
Uouncil, Ordinance No. 31-74 was adopted on July 22, 1974, changing this
p~rcel from RM-15 to LI. Mr. Hill stated he thinks the City should live
up to their Ordinance agreements to the former owner, since the owner has
b~nt over backwards to help the City in different situations. The property
should be LI because north of it there is already commercial developments,
on the west corner there is a FP&L substation, on the east there is
commercial developments and to the south the county property is commercial
development. He is ,therefore, requesting that the City Council reconsider
this Land Use Plan, changing this from LI to Single Family which makes
no sense at all.
Mayor Scheifley stated that he received a call from Mr.
}~ill James who stated he was calling for someone who is interested in
L[~s 10 and 11 in the Esquire Subdivision in this same area who is making
the same objection as Mr. Hill.
Jean Wilmer, speaking for the League of Women Voters of
South Palm Beach County, stated they would like to compliment the Planning
and Zoning Board of Delray Beach on their revised Land Use P~an being
presented for final acceptance. She stated they are happy with the
Community Appearance Board answering their feelings that there should be
concern for the high quality appearance of the City. She urged that this
plan be carefully followed and its provisions ~dhered to to avoid the
pitfalls into which the 1972 Plan fell. The public Opinion survey returned by
31% of the Delray Beach voters showed strong support of the stated goals of
the plan with emphasis being placed on the residential and commercial goals.
William Koch, Mayor of Gulfstream and speaking as an individual
taxpayer, stated that the survey Ms. Wilmer spoke on, was sent to only the
voters, not the property owners who pay the taxes and the questions were
the "do you believe in motherhood" type questions and if the Council and
]'lanning & Zoning Board are going to base their judgment on that survey they
~,re missing the feelings of most of the people in this town.
- 6 - 6/27/77.
303
Ms. Wilmer stated that this survey was presented to the
Chamber of Commerce and the Downtown Development Authority for their
approval before it was sent out.
Mr. Weekes stated he does not agree with the Land Use Plan for this
area. He thinks the highest and best use of this land is industrial, which it
is presently zoned. It is surrounded by commercial properties and it does
not seem proper that this should be zoned for residential use and, therefore,
suggests that it be left as it is presently zoned.
Mr. Sanson stated he concurs with Mr. Weekes based on the fact
that much of the property being suggested is being used for industrial
purposes; furthermore, when he first came on Council they did go through
a lengthy discussion with Mr. Botos, an attorney representing property
owners, and it was agreed at that time that this property would be made
industrial. Considering the aspect of there being single family residential
homes in the~immediate neighborhood, if Council could get around to adopt-
ing the industrial boundary lines, the setback requirements and landscaping
requirements would be adequate to insure some degree of quiet and tranquil
environment for them.
Mayor Scheifley stated that there is a very nice residential
area north of this property and those people should be given some con-
sideration.
Mr. Weekes moved that the Land Use Plan, as proposed, be amended
to reflect the current zoning on this particular piece of property, seconded
by Mr. Sanson.
Mr. Randolph stated he received a few calls asking if he would
take another look at this particular area, which he did. He then realized
that the FP&L substation and the Bargain Barn area and the like, are .going
~businesses at this time and this particular residential area will not be
disturbed if Council did not change the zoning in that area. Therefore,
he concurs with Mr. Weekes and Mr. Sanson on this particular property.
Mr. Chapin stated he has been in favor of residential use
because he ~eels Council has to provide an area for low-income family
residential development and this is potentially a good area for it, which
is basically the reason for the consultant and the Planning & Zoning
Board making this single family.
Upon roll call, Council voted as follows: Mr. Chapin - Yes;
Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheifley -
No. Said motion (third paragraph above) passed with a 4 to 1 vote.
John K. Brennan spoke on the Linton Boulevar~ property stating
he has no objection to the commercial property being zoned commercial;
however, they are requesting that the tract presently zoned RM-10 remain
RM-10 instead of the PRD-10 as indicated on the Land Use M~p. They feel
that the PRD-10 is a more restrictive zoning that what they have been
working with.
Mr. Brennan stated he owns a piece of land about nine to ten
acres which is north of Robert Miller Park on Linton Boulevard. This
property is presently in the County and he is requesting that it be
shown as industrial so they can use it within the City.
Mr. Leal stated, in reference to the RM-10 and PRD-10, they
allow the same density although they have different requirements and
different regulations. As an architect and as a planner, he stated he
would prefer to work under the PRD-10 because it is~a more flexible type
of ordinance. Mr. Leal stated that due to the fact there is an industrial
-or "X" land use across a major road or because there is an "X" land use next
to a certain development without a street in between, if that is criteria
enough to extend that same land use for those reasons, then there is very
little justification to have planning, everything would be a ~equence of
repeating the same use over and over. There are other considerations and,
in that particular tract of land, it is true that there is Maule Industry
to the north, but one of the major thoroughfares in this City is there and
that is a breaking point for a land use.
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304
Mr. Kotulla stated the property is shown as PRD-10
because in addition to the flexibility, the better land plan you can
achieve - it was also a part of the overall concept in lowering
densities~.to show certain areas that were multiple family as PRD because
a certain percentage is required in single family which will overall still
maintain the single family there throughout the area.
Mr. Carey stated he concurs with both the Planner and the
Planning Director.
Mr. Brennan stated this is what they object to, the required
single family; they need the certain buffer and they are not interested in
the multiple family~and, therefore, their zoning should remain as on the
plat approval submitted to the City not three or four months ago, which
was accepted at that time
Mr. Weekes asked if there is a plat approved on this property.
Mr. Kotulla stated there was a'plat approved but only for the location
of the streets and utilities and it in no way locked in any type of land
uses.
Mr. Brennan stated they submitted a plat that has parcels of
land which coincided with the zoning. It was agreed at the time it was
~pproved prior to construction they would come back in with the plans
for the various parcels and no construction will go forward until
i~ey have definitive plans on each parcel.
The City Attorney stated virtually every rezoning poses
~ome type of legal question; whether or not the plat approval in and
of itself would affect whether or not the City can rezone it to a PRD-10.
~f that is the sole determining factor or sole criteria, that the mere
fact of recording a plat would not in and of itself, preclude the
City from rezoning it.
G.W. Martin,. Boca Raton, stated he owns some property which
),'ray be contiguous to Mr. Brennan's property and asked Council to .~xplain
¥;here he stands as far as the meeting goes. This was explained to him
~ Mayor Scheifley. Mr. Martin requested that his land which is in the
County and purchased as industrial land, remain zoned that way.
Mr. Weekes commented that the City Council does not have
the authority to rezone his parcel, as long as it is not annexed iuto
the City; it will just be shown as something else on the land use plan
but he has the right to get a permit from the County to build whatever
he wants to build until they rezone the property.
Mr. Sanson stated that when Council was considering this at
an earlier date and considering the aspect of changing Mr. Brennan"s
property, zoned commercial to general commercial, he asked at that point
%:hether Mr. Brennan had been consulted on this and the answer was "no";
then he was assured that somebody would get back to Mr. Brennan and he
would be given an opportunity to communicate with the Planning & Zoning
Board. Mr. Sanson stated that having received Mr. Brennan's letter today -
and seeing that this has not happened irritated him.
Mr. Smnson stated that he would like to see all of Linton
Boulevard maintained as residential but the Council has little control
over that because the property is in the County. Mr. Sanson.said, personally,
he would think that Mr. Brennan would want to build under PRD zoning rather
than the multiple family because it seemed that all developers that come
before Council seem to favor this because they think it is less restrictive.
Mr. Brennan stated until tonight when he saw the map displayed
.at the meeting, he did not know that the property was going to be changed
to PRD and not knowing angthing about it he must object to the change.
Mr. Weekes stated for the record and in order that Council may
aot be accused of misleading Mr. Brennan it should be made a matter of
public record that Mr. Brennan's property is presently zoned RM-15 and
not RM-10.
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305
Mayor Scheifley stated this is a matter of degre~ of communi-
cation and it is impract'~'cal to be able to reach everybody, especially
those areas which are not in the City but in the County and Council is
going to receive dozens of calls from property owners all over the
United States about not knowing of this.
Mr. Weekes stated they have specifically discussed notifying
Mr. Brennan and that does not apply in this instance.
There was no motion made on this particular area and it will
remain the same as the Land Use Plan calls for.
Alphonse Bach, who resides in Palm Beach but owns property in
Delray Beach, stated he is specifically addressing the property which is
located on the N. E. corner of Palm Trail approximately 200 feet on 8th
Street and 221 feet on Palm Trail. He stated this property has docks
built on it, which are being used commercially. They are now faced with
the proposition that the property is zoned RM-15 and under the Land Use
Plan it is down-graded to RM-10. Being 200 x 221 feet, it is extremely
difficult to be used for purposes other than this; the property is
assessed extremely high (assessed for $64,000), which makes it very
difficult to be used for residential purposes. Mr. Bach stated he would
also like for Council to consider the fact that this is the only piece
of property which is not zoned for business on 8th Street. He stated
he does not think this is proper because it is spot zoning in a very
grand way and he is, therefore, asking Council's consideration that
this piece of property, which includes lot F, be changed to a business lot.
Mr. Carey stated the reason why the Planning & Zoning Board
rejected a professional building in that location is because that street
now, cannot carry the burden of traffic it is currently faced with. To
suggest that that corner be turned into a commercial establishment on
top of what has been done in the last year would make the area a total
disaster.
Mr. Kotulla stated that what is shown on the Land Use Plan as
commercial' just west of Mr. Bach's pr?perty primarily reflects the
commercial that is already existing, it is not felt that there is a
need for any additional commercial; one of the major problems, if it
was commercial, would be traffic. Mr. Kotulla commented that in leaving
it Multiple Family, you would have to look at it in the overall context
in that in the southern portion of the area it is all designated as RM-10;
therefore, he recommends that it remains as Multiple Family and not
commercial.
Mr. Leal stated he concurs with Mr. Carey and Mr. Kotulla.
There was no motion made on this area and it will remain the
same as on the Land Use Plan.
Taylor Soaper, President of Mira Mar Gardens, 60L80 Venetian
Drive, stated they are in favor of the property directly across from
these buildings being zoned RM-15. One parcel has been changed to RM-
15 and they would like to see the other two parcels changed as well.
Mr. Robert Fellows, Attorney in the City of Delray Beach,
stated he would like to know where the property owners of this area
are with Council; Council adopted the resolution being discussed on
May 31st, the property owners were notified that Ordinance No. 37-77 was
coming up, pertaining to the area Mr. Ledridge spoke about, to be heard
on July llth for rezoning to LC. In view of this action, he would like
for Council to amend the map to coincide with the Proposed ordinance
which will be on the agenda for Council meeting on July llth.
The City Attorney stated the Limited Commercial includes a
broader area than this area; it will be rezoned Limited Commercial and
then processed again for the Residential Multiple Family.
M.r..Chapin stated he thinks the status of this property is that
the City is in the Process of adopting a Limited Commercial District and
- 9 - 6/27/77
306
change the boundaries of that district. Mr. Ledridge spoke to Council
~t the workshop meeting a week ago requesting that the parcel that had
been changed to RM-15 revert to Commercial. Plans on this matter were
~-eferred by Council to the Planning & Zoning Board and they recommended
~hat all three parcels be RM-15 by a vote of 5 to 1.
The City Attorney stated that that recommendation before City
· ouncil included a greater legal description than the area that was
~ctually to be rezoned Limited Commercial because there was a subsequent
~ecommendation that excluded some of it. Council agreed to let it go as
is without legal description and subsequently going back and changing
~t again which is what essentially is going to happen.
The City Manager asked that should that happen does Mr. Fellows'
client appear to have a problem. The City Attorney stated they will
~ltimately receive a zoning in conformance with the Land Use Plan as is,
~nless Council votes at this time to change it. They will be notified
~f the change by publication instead of by mail; it will be an advertise-
ment with an attached map.
Mr. Fellows stated he is opposed to the Planning & Zoning Board's
~ecommendations of RM-15 because it is poor planning. This is restricting
a~ll the business properties on Atlantic Avenue in this strip from doing
any expanding and it's just a question of time before everything goes
downhill.
Mr. Carey stated when the rezoning came up people appeared at the
$p~blic hearing stating they did not know they~were zoned commercial and
~esent the fact they were zoned commercial. It was noted that the bulk
~.f the land was either vacant or occupied by Multiple Family Residential
~rea; therefore, the Planning & Zoning Board is recommending that this
~e adopted as a Special Use.
Mr. Kotulla stated that the building of apartments, hotels,
~tels, medical buildings will be permitted or conditional if the
area is changed to RM-15. The boundaries were realigned to accurately
~eflect the uses that are presently there.
Mr. Chapi.n moved that Council adopt the recommendation of the
~Ianning & Zoning Board with regard to the change in the ~and Use Plan,
~hat Lots 1, 2 and 3 of Block A, Reid's Village, be zoned o~n its entirety,
~-15, because part of Lot 3 is RM-15 and th~ other part is commercial.
}~e stated he is doing this based upon the advice and recommendation of
~he Planning Board and staff and for public safety reasons. The property
.~outh of Mira Mar is owned ~? the City, potentially for a Fire Station
,.~n.d it is very poor planning to have a commercial use directly across
ffrom the entrance and exit of a fire station. Furthermore, the existing
~se as well as the proposed use for the Barr piece will be more than
~at area can handle commercially. The motion died for lack of second.
Mr. Sanson stated he has a hard time seeing how you can chop a
~alock in certain sections and pieces; there should be some kind of set
i~undaries with some type of natural boundary to it.
Mayor Scheifley stated Mr. Chapin has a very good argument in
favor of his motiOn because signs of urban commercial decay are setting
in in that area and their largest tenants are moving out because of lack
~f parking.
Dorothy Montgomery stated that parking is the hardship in
~his area." The ~ib'Y has bought a lot of property on Ocean Boulevard for
~rking and now they are talking about decay of business over there,
dhis would be the City's chance to buy a piece of property and turn it
~nto a shrubbed-treed parking lot and it might help bring back the tenants.
Paul Ledridge stated the highest and best use of that one and
one-tenth acre can be for parking similar to a three-story tier in the
City of Miami Beach. He offered to sell the land to the City for what
is in it.
- 10 - 6/27/77
Mr. Sanson moved that the Land Use Map be change to reflect
that Lots 1,'2', an~ 3 be changed to Limited Commercial, seconded by
Mr. Randolph. Upon roll call Council voted as follows: Mr. Chapin -
No; Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheifley
- No. Said motion passed with a 3 to 2 vote.
Paul Ledridqe, speaking relative to the 57 foot lot just south
of Atlantic Avenue on Ocean Boulevard, stated that within 400 feet there
are several businesses and he feels justified in asking that this piece
of property be retained in the business classification.
Mrs. Matthews stated that there is a residential area on either
side of the' lot and zoning that piece commercial could create a problem
for people trying to sleep.
Mr. Chapin asked if the existing zoning is GC and the plan
:alls for RM-15; it was answered "yes".
Mr. Sanson asked if it is ~o be assumed that everything directly
;est of Saiina is also apartment buildings. It was stated it is residen-
tial; there is no commercial zoning in there.
There was no motion made on this parcel and it will remain as
on the Land Use Plan.
~Robert Fellows, speaking on the property Ralph Buick is located
- south Federal, stated they have developed a piece of property from Federal
eastward to Florida Avenue. Somewhere along the line there was a change
because they now have the service department zoned for Multiple zoning.
He is requesting that this be corrected and zoned for non-conforming use.
Mr. Kotulla stated that he went out in the area and checked this
aga~st the Land Use Plan and the plan shows it as medium density - RM-10,
When in fact, the land is being used for commercial. Therefore, he concurs
that the Land Use Plan should be changed to commercial to show what the
actual land use is.
Mr. Chapin moved that Council sustain the recommendation of the
Planning Director and Planning Board to correct the area to show the
existing commercial use of Ralph Buick - be shown as commercial and not
as residential, seconded by Mr. Weekes. Upon roll call Council voted
as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes;
Mr. Weekes - Yes; Mayor Scheifley - Yes. Said motion passed with a 5 to
0 vote.
Harold Moss, Attorney from Palm Beach, representing Mrs. Beth
N, Christenson and Trustees under the will of William Christenson, stated
they own two parcels of land on N. E. 8th Street which is located on the
north side of N. E. 8th Street between the A-1 Building and the Intra-
coastal Waterway; the other is a parcel approximately seven acres which
lies south of N. 'E. 8th Street and fronts on the Intracoastal Waterway.
He stated that according to the Land Use Plan both parcels are recom-
mended to be zoned RM-10. The parcel on the north side of 8th Street
,as changed to RM-10 not too long ago and the parcel on the south side
,as changed to RM-15. On behalf of the Christenson Family, they are
~bjecting to the recommended rezoning of the property south of N. E. 8th
~treet. Each time this property is rezoned the same argument is used,
.hat 8th Street cannot take anymore traffic; the Christensons feel that
the"RM-15 is a reasonable use for this property and should remain as
RM-15. Mr. Moss advised that the Christensons stated to him that it
is time they donated the right-of-way for N. E. 8th Street and approaching
the bridge and the City of Delray Beach agreed with~them, that their
zoning will not be changed. They realize that such an agreement is not
binding on future commission but they feel there is a moral duty not to
.arbitrarily change the zoning every two to three years on that particular
property.
Mr,j carey stated the Planning & Zoning Board was charged with
the responsibility of reducing the overall density of this community and,
in studying the entire community, they felt that the higher density RM-15,
- 11 - 6/27/77
as presently zoned, could be reduced from RM-15 to RM-10.
Mr. Kotulla stated that in that area, at certain times, a traffic
problem exists and, if it was built at 15 units per acre instead of 10,
the traffic problem would increase. Just south of that area is a very
' nice, high quality single family type of development and it would be
better to have a transitional from single family to RM-10 rather than
from a single family to high density of RM-15.
Mr. Sanson stated ever since the discussion came up on the basis
of changing from commercial to residential, he has been in favor of RM-6.
There was no motion made to change this and will remain as is
on the Land Use Plan.
Paul Wolf, representing Sherwood Park Golf, Inc., stated that
in looking' at this area, you would think that it is just green park but
it is not. He is concerned that as to the green showing on the Land Use
Plan as recreational and open space, is confiscatory in nature, arbitrary
and unreasonable. He suggested that one of the things that any planner
should do when he goes to approach a plan, is determine what legal commit-
ments and obligations in the way of contract that the City may have entered
into and bound by. This was not done in this area; his client has 210
water and sewer connections, paid for with money escrowed to the City,
and that should be some consideration with the funds the City has in
determining what density it wants, particularly, since the money has
been escrowed for the past four plus years.
Mr. Weekes asked if the 210 connections were on the entire
parcel or the small yellow strip he pointed out to Council; Mr. Wolf
answered they are on the small yellow strip.
Mr. Wolf suggested that the area along Atlantic Avenue should
probably be pl~.aned more compatible with the neighboring and existing
Land Uses - particularly compatible with the prefabricated food stand
across the street from it. He stated that this particular area should
be planned because it has not been planned; it has been looked at from
the point of view that the Golf Course is there, the frontage on Atlantic
is not compatible with single family development being next door and
across the street from an existing commercial ~evelopment. Mr. Wolf
asked that some consideration be given to the increase of density at least
to put it in a better planning area for the yellow strip and that some
planning be done as to the part that is colored green; it should be
planned for the future to be compatible with all the surrounding and
existing land uses.
Mr. Weekes stated he raised the question sometime ago about the
Privately owned faci'lities, which are presently operated for recreation,
-and he was told that they would not be shown that way on the Land Use Plans;
that they would be shown as R-1AAA so that if they ever did revert from
recreational use they would have the use classification. He asked why
the change has not been made on the Land Use Plan.
Mr. Chapin stated that the color would remain the same but it
would only be on the Master Land Use Plan; it was understood that that
color did not relate to zoning, it only related to existing use and that
the property, if not going to be used as a golf course, would revert to
single family use. The green portions revert to single family use at
such time the existing use is changed.
Mr. Leal stated that the proposal, as it stands, is'that the
open space and recreation areas, which are privately owned can, at the
option of the property owner, be developed under single family residential.
The proposal for zoning is the most restrictive for single family resi-
· ' dential.
Mr. Kotulla stated what they proposed in the Land Use Plan
document is that they would show it as green but have a provision that at
such time that it can no longer be used as openspace and they want to
develop it, they would develop it in conformance with R-1AAA, the most
- 12 - 6/97/77
restrictive single family zoning. Mr. Kotulla stated he is getting
ready to draw up the map for the rezoning and the only one that would be
affected now, that is in the City, is the Delray Beach Country Club and
asked Council if they want the zoning to remain R-1AA, which is what it
is zoned now but in conflict with what is proposed in the plan, or do they
want it rezoned R-1AAA?
Mr. Weekes stated that since the Delray Beach Country Club is
deed-restricted until the year of 2007, he does not think it makes much
difference,but to be consistent, if the other courses are going to be
shown as R-1AAA, if they are not used for that purpose, the same should
apply to the Delray Beach Country Club.
Mr. Chapin stated he concurs with Mr'. Weekes' reasoning.
Mayor Scheifley stated, to bring clarification to Mr. Wolf,
ghat all through the Lan'd Use Plan they have proposed zoning that is going
~o create a lot of non-conforming uses, and in fact, in most cases, in
~he undeveloped areas where there are a few commercial uses, they have
ignored the existing uses and creating non-conforming uses all over.
Mr. Wolf asked if there is any R-1AAA zoning west of 1-95 in
the City of Delray Beach; Mr. Weekes stated that Sherwood Park has zoning
of R-1AAA. Mr. Wolf asked if all the private green areas would be zoned
in effect R-1AAA even though some are next to commercial and some next
to the highest density multiple family area; it was answered "yes".
William Koch stated that the land in Sherwood Park is R-1AAAB
not R-1AAA so there is no land west of 1-95 that is R-1AAA. He stated
there has been comments by people talking about buying the Delray Beach
Country Club and the City has the right to condemnation and it might go
to condemantion; therefore, does the City want to go ahead and take these
properties now and put them in a classification of R-1AAA, which would
be an advantage if you're going into condemnation.
Mayor Scheifley stated the property would be appraised as a
Golf Course and the agreement states that the City has the right to buy
it and there is no condemnation involved.
Mr. Koch stated that the City is creating a zoning that is not
compatible with the area.
Mr. Wolf suggested that there should be some flexibility in
planning a piece of ground and not putting it all in R-lA or R-1AA or
something but some planning be done with reference to it.
Mr. Weekes stated he does not know how many acres are involved
in the Sherwood Park Golf Course and the yellow strip behind it.
Mr. Wolf stated he was told it is over 70 acres; Mayor Scheifley asked
if PRD-4 would be agreeable with him because it would give him a lot of
flexibility.
Mr. Wolf asked if that takes in consideration some commercial
along Atlantic and Mayor Scheifley stated no but it will give him four
units per acre and he could make multiple family out of it.
Mr. Weekes stated he would like to point Out that Barwick is
already under consideration for RM-6, the only two others that are left
are Sherwood Park and the Delray Beach Country Club. Delray Beach Country
Club is R-1AA and suggested that Council leave it as R-1AA because Council
could ill-afford to change that in light of the option to purchase;
Sherwood Park is the only one to be talked about. Mr. Weekes. stated he
is not sure of the~ exact nature of the contract about which Mr. Wolf spoke,
but he was told that the sewer connections were for thp whole parcel
and not just the yellow strip and it was for 70 acres of land, which is
three units or so per acre; therefore a PRD-4 would accommodate the contract
the City has with the owners of this particular area.
Mr. Sanson stated it seems that Council has a plan which is
supposed to be balanced in terms of what they feel the Citizens want and,
- 13 - 6/27/77
therefore, suggests that Council go ahead and adopt the plan, as presented,
since this is a County pocket and Council has no control over it. Then, if
Mr. Wolf wants to annex subject to PRD-4 or 6 or whatever, there could be
a study of that piece of land.
To answer Mr. Koch's question relative to the zoning of the
Delray Beach Country Club, it was stated it would remain R-1AA.
There was no motion to change this particular area and it will
remain as presented on the Land Use Plan.
William Kalverman, Vice President of the Barnett Bank of West
Delray Beach, stated at the present time they are zoned Commercial
Neighborhood, and have a special exception to be a bank and to be there.
The Master plan for the Land Use shows as individual homes, single family ~
dwelling. He stated they are in the reserve area, not in the City, and
asked that the Master Plan for the City and the reserve area be changed on
this piece of property, which is known as Regina Park, from residential
single family to commercial.
Mr. Weekes asked if the Bank was able to be annexed into the
City - he would assume they would be annexed at their present use - would
the Land Use Plan be amended to reflect what was done.
.Mr. Carey stated it is a long way from being annexed to the City
but, when that day arrives, it will be recognized that they are commercial
use in that area; however, he would not change the map now to reflect
their current use. They would be annexed at that time at their existing
use.
Paul Friend, 1320 S. W. 20th Terrace, Delray Beach, stated a
great deal of the discussion tonight has revolved around industrial zoning.
He suggested that before making the final consideration on this plan, Council
go to Ft. Lauderdale and Oakland Park %o see what has happened to that
City. More important is what the plan does not reflect and that is organized
industrial growth, which is something this City is di~'ely in need of.
There are 3,000 people in this town who want jobs an¢~ it is time that the
City addressed themselves that they have an obligation to provide some
sort of orderly plan to provide these people with jobs, productive jobs
that are going to bring economy into the community not Federal Revenue
dollars. Delray needs an industrial park, one that is well planned and
well supervised.
Mayor Scheifley thanked Mr. Friend for sharing his views and
suggestions.
Mr. Weekes stated he does not think they could change the Land
Use Plan at this time but thinks that Mr. Friend's suggestion that some
kind of commission or maybe discuss at workshop the idea of appointing
a commission to study some kind of industrial park is well taken.
The public hearing was closed.
Mr. Weekes m0ved that Council adopt Resolution No. 30-77
subject to the amendments which were made tonight, seconded by Mr. Randolph
Upon roll call Council voted as follows: Mr. Chapin - Yes; Mr. Randolph -
Yes; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. Said
motion passed with a 5 to 0 vote.
8.b. The City Manager reported that Ordinance No. 38-77, ~repealing
Chapter 23A "Subdivisions" of the Code of Ordinances and substituting a
· new Chapter 23A "Subdivisions" was passed on First'Reading at the June
13th meeting. It 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.
- 14 - 6~27/77
The City Manager presented Ordinance No. 38-77:
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, REPEALING
CHAPTER 23A "SUBDIVISIONS" OF THE CODE
OF ORDINANCES OF THE CITY OF DELRAY BEACH
AND SUBSTITUTING IN ITS PLACE A NEW
CHAPTER 23A ENTITLED "SUBDIVISIONS" REGU-
LATING THE SUBDIVISION AND PLATTING OF
PROPERTY IN THE CITY OF DELRAY BEACH;
PROVIDING A SAVING CLAUSE; PROVIDING AN
EFFECTIVE DATE.
The City Manager read the caption of the ordinance. A public
hearing was held having been legally advertised in compliance with the
.aws of the State of Florida and the Charter of the City of Delray Beach,
'lorida.
John Stewart, a professional land surveyor in the Delray area
and Secretary of the Palm Beach Chapter of the Florida Society Professional
Land Surveyors, stated he did not know about this ordinance until week
before last and because of changes being made he was unable to obtain a
copy until~ last week. He has been through the ordinance briefly but has
not had a chance to have a meeting with the local chapter to go through
the ordinance; there are a lot of things contained in the ordinance that
he believes is going to cause the City problems in the future. He stated
the ordinance conflicts with Chapter 177, Florida Statutes and there are
a lot of things in the ordinance which need reviewing and is therefore
asking Council to allow him time to set a meeting up with the local chapter
of surveyors so they could qo through the ordinance and make recommenda-
tions to Council. Mr. Stewart stated that the Council may be getting into
trouble, similar to what happened in the City of Margate, with minor
plats. He suggested that if a person wants to do a small pla~s, the City
of West Palm Beach, instead of recording it under Chapter 177, has a
minor plat law and they record it in the official record books and pages
as if it were a deed; this circumvents the plat law.
Mr. Weekes stated that the City has enough ordinances on the
books that are causing problems and if this is deficient in its profes-
sional requirements, he feels it should be tabled until they could be
worked, out.
Richard Siemens stated he reviewed this ordinance and found a
number of discrepancies within it. Council Will be making a mistake,
if they adopt the ordinance tonight, and then go through the process of
revising it because it would be revised so much it would basically
destroy the basic thing you started with.
Mr. Chapin stated that Council is faced with two choices (1) to
table it and appoint a committee to study it and restudy it or (2) adopt
the ordinance and also appoint a committee consisting of professionals,
so that any technical problems could be worked out. He stated the latter
of the two alternatives is the approach Council should take, although,
theoretically and academically, it is not the approach he would like to
take but thinks it is a practical one and the better of two alternatives.
Mayor Scheifley asked the City Manager, who has an engineering
background, as an engineer if he thinks sufficient evidence has been
raised by Mr. Stewart to the point that this should be tabled or should
it be passed and amend it.
The City Manager stated he had not studied the provisions of
this ordinance in enough detail to make a professional expression as to
.. the points that Mr. Stewart raised; however, it seems that if it were
passed and the Planning & Zoning Board was asked to get back into it,
they would and bring in the proper people for review.
Mr. Carey stated there are numerous people in the community now
presenting plans to the department but, if Mr. Stewart and his group could
give them their particulars within the next seven days, and if it could ~
- 15 - 6/27/77
be refined within the two weeks period, he would go along with that but
not to extend it beyond that time.
Mr. Randolph stated that if it means a two week or even a
month's delay to get an ordinance that can be successfully defended in
court, it is to the benefit of this Council to do so.
The public hearing was closed.
Mr. Randolph moved that Council table Ordinance No. 38-77 for
a period not to exceed two weeks, seconded by Mr. Weekes. Upon roll call
Council voted as follows: Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson
- Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. Said motion passed with
a 5 to 0 vote.
Mr. Sanson stated he has two items he would like the committee
to look at on page 18 and 19 relative to public sites. It seems that
they address the area of having set aside land for Parks and Recreation
but they do not address specifically enough as to what's going to be done
with that area - whether it is going to be a City responsibility, developer,
association or what. At some point Council needs to set some policy as
to whether or not the Administration should be responsible for maintaining
these areas.
The City Attorney advised that in the ordinance it says speci-
fically it will be dedicated which means it will be open to the public
use and, if the dedication is accepted by the City, it will be maintained
by the City. He added he is working on the other aspect about the formula
for deciding how much should be dedicated or whether a dedication should
be made.
Mr. Sanson's second item was relative to school sites;
noted that if the School Board of Palm Beach County requires a school
.site, etc., it is not part of the set policy of the City's Planning
Department to contact the school board regarding plans. He stated that
it seems someone ought to, in some way, insure that someone contact the
School Board. Mr. Carey stated they have received letters from the School
Board on previous occasions.
8.c. The City Manager reported that Ordinance No. 39-77, amending
Chapter 29 "Zoning" of the Code of Ordinances by repealing Subsection (P)
(1) of'Sections 29-6 RM-6, 29-7 RM-10, and 29-8 RM-15, and inserting a new
Subsection (P) (1); repealing Subsection (P) (7~ of Section 29-17 and in-
-sert a new Subsection (P) (7), was passed on First Reading at the June 13th
meeting. This ordinance is before Council for passage consideration on
Second and FINAL Reading. Prior to consideration of passage of this ordi-
nance on Second and FINAL Reading, a public hearing has been scheduled to
be held at this time.
The City Manager presented Ordinance No. 39-77:
AN ORDINANCE OF.THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER 29 "ZONING" OF THE CODE OF ORDI-
NANCES OF THE CITY OF DELRAY BEACH BY
REPEALING SUBSECTION (P) (1) OF SECTIONS
29-6 RM-6 (MULTIPLE FAMILY DWELLING)
DISTRICT, SECTION 29-7 RM-10 (MULTIPLE
FAMILY DWELLING) DISTRICT, SECTION 29-8
RM-15 (MULTIPLE FAMILY DWELLING) DISTRICT
AND INSERTING NEW SUBSECTIONS (P) (1);
REPEALING SUBSECTION (P) (7) OF SECTION
29-17 SUPPLEMENTAL REGULATIONS PERTAIN-
ING TO TOWNHOUSES AND TOWNHOUSE DEVELOP-
.- MENT AND INSERTING NEW SUBSECTION (P)
(7) REGARDING THE OWNERSHIP CONTROL,
MAINTENANCE, OPERATION AND USE OF
COMMON AREAS OR FACILITIES; PROVIDING
A SAVING CLAUSE; PROVIDING AN EFFECTIVE
DATE.
-16 - 6/27/77
(Copy of Ordinance No. 39-77 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.
The City Attorney brought to Council's attention a sheet that
was given to them relative to suggested changes in this ordinance which
he concurs with and, if Council concurs, the ordinance should be adopted
with the changes.
Mr. Randolph moved for the passage of Ordinance No. 39-77
on Second and FINAL Reading with the ordinance amendments as provided
on separate sheets entitled Ordinance No. 39-77, seconded by Mr. Chapin.
Upon roll call Council voted as follows: Mr. Chapin - Yes; Mr. Randolph
- Yes; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. Said
motion passed with a 5 to 0 vote.
8'.d. The City Manager reported that Ordinance No. 40-77, amending
Chapter 29 "Zoning of the Code of Ordinances to create a new zoning
classification to be known as PRD-4 (Planned Residential) District was
passed on First Reading at the June 13th meeting. This ordinance is
before Council for passage 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. 40-77:
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER 29 "ZONING" OF T~E CODE OF OkDI-
-NANCES OF THE CITY OF DELRAY BEACH, BY
CREATING A NEW ZONING DISTRICT TO BE
KNOWN AS PRD-4 (PLANNED RESIDENTIAL
DISTRICT) PErmITTING FOUR (4) RESIDEN-
TIAL UNITS TO THE ACRE; AND REQUIRING
A MINIMUM OF SIXTY (60) PERCENT OF
TOTAL ACREAGE TO BE IN SINGLE FAMILY
DETACHED UNITS, A MINIMUM OF TEN (10)
PERCENT OF THE TOTAL ACREAGE TO BE IN
COMMON OPEN SPACE AND A MAXIMUM OF
THIRTY (30) PERCENT OF THE TOTAL
ACREAGE TO BE IN MULTI-FAMILY UNITS;
AMENDING SECTION 29-2(C) "ESTABLISH-
MENT OF ZONING DISTRICTS": TO INCLUDE
THE NEW PRD-4 DISTRICT; PROVIDING A
SAVING CLAUSE; PROVIDING AN EFFECTIVE
DATE.
(Copy of Ordinance No. 40-77 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. Chapin moved for the adoption of Ordinance No. 40-77 on
· Second and FINAL Reading, with the amendments as re'commended by the City
Attorney, seconded by Mr. Weekes. Upon roll call Council voted as follows:
Mr. Chapin - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes;
Mayor Scheifley - Yes. Said motion passed with a 5 to 0 vote.
Before roll call Mr. Sanson stated that on page 3, under item E -
Aggregate Floor Area, subDaraqraph 1 (a), he would like to move that the
square footage be increased to 1,500 square feet instead of the 1,200 square
feet. The motion died for lack of second.
- 17 - 6/27/77
At this point, approximately 11:03 P. M., Mr. Chapin left the
meeting because he was not feeling well.
8.e. The City Manager reported that Ordinance No. 41-77, amending
Chapter 29 "Zoning" of the Code of Ordinances to create a new zoning
classification to be known as PRD-7 (Planned Residential) District, was
passed on First Reading at the June 13th meeting. This ordinance is
before Council for passage 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. 41-77:
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, ~4ENDING
CHAPTER 29 "ZONING" OF THE CODE OF ORDI-
NANCES OF THE CITY OF DELRAY BEACH BY
CREATING A NEW ZONING DISTRICT TO BE
KNOWN AS PRD-7 (PLANNED RESIDENTIAL
DISTRICT) PERMITTING SEVEN (7) RESI-
DENTIAL UNITS TO THE ACRE AND REQUIRING
A MINIMUM OF FIFTY (50) PERCENT OF THE
TOTAL ACREAGE TO BE IN SINGLE FAMILY
DETACHED UNITS, A MINIMUM OF FIFTEEN
(15) PERCENT OF THE TOTAL ACREAGE TO
BE IN COMMON OPEN SPACE AND A MAXIMUM
OF THIRTY-FIVE (35) PERCENT OF THE
TOTAL ACREAGE TO BE IN MULTI-FAMILY
UNITS; AMENDING SECTION 29-2(C)
"ESTABLISHMENT OF ZONING DISTRICTS"
TO INCLUDE THE NEW PRD-7 DISTRICT;
PROVIDING A SAVING CLAUSE; PROVIDING
AN EFFECTIVE DATE.
(Copy of Ordinance No. 41-77 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. Weekes moved for the passage of Ordinance No. 41-77 on
Second and FINAL Reading with the amendments as given with the agenda
material, seconded by Mr. Randolph. Upon roll call Council voted as
follows: Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor
Scheifley - Yes. Said motion passed with a 4 to 0 vote.
8.f. The City Manager reported that Ordinance No. 42-77, amending
Chapter 29 "Zoning" of the Code of Ordinances to create a new zoning
classification to be known as PRD-10 (Planned Residential) District
was passed on First Reading at the June 13th meeting. This ordinance
is before Council for passage consideration on Second and FINAL Reading.
Prior to passage consideration 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. 42-77:
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER 29 "ZONING" OF THE CODE OF ORDI-
NANCES OF THE CITY OF DELRAY BEACH BY
CREATING A NEW ZONING DISTRICT TO BE
KNOWN AS PRD'10 (PLANNED RESIDENTIAL
DISTRICT) PERMITTING TEN (10) RESIDEN-
TIAL UNITS TO THE ACRE AND REQUIRING
A MINIMUM OF FORTY (40) PERCENT OF THE
TOTAL ACREAGE TO BE IN SINGLE FAMILY
DETACHED UNITS, A MINIMUM OF TWENTY
(20) PERCENT OF THE TOTAL ACREAGE TO
18 - 6/27/77
BE IN COMMON OPEN SPACE, AND A MAXIMUM
OF FORTY (40) PERCENT OF THE TOTAL
ACREAGE TO BE IN MULTI-FAMILY UNITS;
AMENDING SECTION 29-2(C) "ESTABLISHMENT
OF ZONING DISTRICTS" TO INCLUDE THE NEW
PRD-10 DISTRICT; PROVIDING A SAVING
CLAUSE; PROVIDING AN EFFECTIVE DATE.
(Copy of Ordinance No. 42-77 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,
?lorida.
Mr. John Brennan stated he does not believe that an RM-10 with
hhe requirements that are contained in it, would be a well designed sub-
division and he does not believe you can get ten units per acre unless
they are very poor units.
The public hearing was closed.
Mr. Randolph moved for the passage of Ordinance No. 42-77 on
Second and FINAL Reading with the amendments as provided by the City
Attorney, seconded by Mr. Weekes. Upon roll call Council voted as follows:
Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes; Mayor Scheifley -
Yes. Said motion passed with a 4 to 0 vote.
Before roll call the following discussion was had. Mr. Weekes
asked if this will replace RM-10 zoning and there will no longer be an
RM-10 zoning in the City; Mr. Kotulla stated this will be in addition to
the RM-10.
Mayor Scheifley asked Mr. Kotulla if they are satisfied that
you can build satisfactorily under PRD-10 Single Family. Mr. Kotulla
stated not only did the consultant, Planning & Zoning Board, and staff
review this but there were also letters sent out to all the various
interested architects to get their comments and they have nothing to the
effect that it would not be satisfactory.
8.g. The City Manager reported that Ordinance No. 43-77, amending
Chapter 29 "Zoning" of the Code of Ordinances by amending Chapter 29-8
RM-15 to add a new Subsection (Q) to allow hotels and motels as conditional
use; amending Section 29-10 (C) CC to add hotels and motels as a condi-
tional use and amending Section 29-17 Supplemental Regulations to add a
new Subsection pertaining to hotels and motels, was passed on First Reading
at the June 13th meeting. This ordinance is before Council for passage
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. 43-77:
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER 29 "ZONING" OF THE CODE OF ORDI-
NANCES OF THE CITY OF DELRAY BEACH BY
AMENDING SECTION 29-8 RM-15 (MULTIPLE
FAMILY DWELLING) DISTRICT BY ADDING
A NEW SUBSECTION (Q) SPECIAL USES, ~
ALLOWING HOTELS AND MOTELS AS A CONDI-
TIONAL USE IN A LIMITED GEOGRAPHICAL
· ' AREA; ~ENDING SECTION 29-10 (C) CC
(COMMUNITY COMMERCIAL) DISTRICT BY
ADDING HOTELS AND MOTELS AS A CONDI-
TIONAL USE; AMENDING SECTION 29-17,
SUPPLEMENTAL REGULATIONS PERTAINING
TO HOTELS AND MOTELS; PROVIDING A
SAVING CLAUSE; PROVIDING AN EFFECTIVE
DATE.
- 19 - 6/27/77
(Copy of Ordinance No. 43-77 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.
Mr. John Brennan stated he wrote a letter regarding this
ordinance (letter attached) and would like it made a part of the records.
The Mayor read the letter.
Mr. Weekes asked Mr. Brennan if the matter of rezoning his
property is the problem at this time. Mr. Brennan stated no it isn't,
but the only knowledge he was able to obtain on this question was from
someOne who was in the audience the night this rezoning was proposed.
He stated he objects to this as it applies to the motels. Once he receives
.his approval he does not want to have to come back-and fight for another
aspect of the motel relative to a lounge. He stated he does not think
there are any major problems in the ordinance but there would have to be
some revisions before they could accept it.
The public hearing was closed.
Mr. Weekes asked if the changes in this ordinance apply only
to the CC District and if Mr. Brennan builds a hotel on his property under
the SC Ordinance, he would do so without a great problem. Mr. Brennan
stated at the present time this does not affect the zoning, he is just
fearful.
Mr. Weekes moved for the passage of Ordinance No. 43-77 on
Second and FINAL Reading, seconded by Mr. Randolph. Upon roll cali Council
'voted as follows: Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes;
Mayor Scheifley - Yes. Said motion passed with a 4 to 0 vote.
Before roll call the following discussion was had. Mr..Sanson
asked if it has been resolved to any degree what is going to be done about
some communication between Planning & Zoning and Mr. Brennan so some law
suits could be avoided.
Mr. Carey stated it is impossible for the Planning & Zoning
Board, Or the Planning Department, to notify every property owner every
time they consider a change; legal notices are required anytime you rezone
a piece of property. It was noted that Mr. Brennan's property is not up
for rezoning and, if and when it is, he would be notified.
Mr. Kotulla stated that at the time the Planning & Zoning Board
discussed the possible rezoning and making amendment to the CC District,
they asked the Assistant City Attorney should the Planning & Zoning Board
make some attempt to communicate their intentions to them; the Assistant
City Attorney said no that it should go through the proper and legal
channels.
Mr. Sanson stated Mr. Brennan has been cooperative enough that
something like the Hoffman situation could be avoided with a little communi-
cation.
8.h. The City Manager reported that Ordinance No. 44-77, amending
Chapter 2, Article III, "Financial Advisory Board" by amending Section
2-41 (C) to add "or Ad Valorem Taxpayers" was passed on First Reading at
the June 13th meeting. This ordinance is before Council for passage
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. 44-77:
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DELRAY' BEACH, FLORIDA, AMENDING
CHAPTER 2, ARTICLE III "FINANCIAL ADVISORY
- 20 - 6/27/77
BOARD" OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH BY AMENDING SECTION
2-41(C) TO ADD "OR AD VALOREM TAXPAYERS";
PROVIDING A SAVING CLAUSE; PROVIDING AN
EFFECTIVE DATE.
(Copy of Ordinance No. 44-77 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. Sanson moved for the passage of Ordinance No. 44-77 on
~econd and FINAL Reading, seconded by Mr. Weekes. Upon roll call Council
~oted as follows: Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes;
~ayor Scheifley - Yes. Said motion passed with a 4 to 0 vote.
8.h.2. Mayor Scheifley asked that the City Manager schedule for work-
shop to discuss the eligibility requirements for the Housing Authority
members.
8.i. The City Manager reported that Ordinance No. 34-77, amending
Chapter 29 "Zoning" of the Code of Ordinances relative to removing certain
uses from the "Conditional Use" category and adding other uses under the
"Permitted Use" category in the MI (Medium Industrial) District, was
tabled at the May 23rd meeting and referred back to the Planning & Zoning
Board for further study. It is recommended that Council either instruct
the City Attorney to incorporate the recommendations of the Planning &
Zoning Board in Ordinance No. 34-77 or refer it to a Council workshop
meeting.
Mr. Weekes noted that item 8.i and 8.j on the agenda are similar
except that one refers to light industrial and the other refers to medium
industrial. He stated that in going over this he has determined that the
wording, as presented did not accomplish one of the things that it was
intended; therefore, he ~uggested that where it says "ceramic manufacturing"
the words and plaster casting be added to both items. The purpose of that
change was to accommodate the statue fabrication or whatever, and they are
made of primarily a plaster of paris as opposed to ceramics. He has discus-
sed the wording with Mr. Kotulla and Mrs. Plume and they have no objections
to this; Mr. Carey stated he has no objections either.
Mr. Weekes moved that the City Attorney be instructed to prepare
an ordinance in accordance with the recommendations from the Planning &
Zoning Board, as amended, seconded by Mr. Randolph. Upon roll call Council
voted as follows: Mr. Randolph - Yes; Mr. Sanson - Yes; Mr. Weekes - Yes;
Mayor Scheifley - Yes. Said motion passed with a 4 to 0 vote.
8"J,- The City Manager reDorted that Ordinance No. 35-77, amending
Chapter 29 "Zoning" of.the Code of Ordinances relative to removing certain
uses from the "Conditional Use" category and adding other uses under the
"Permitted Use" category in the LI (Light Industrial) District, was tabled
at the May 23rd Council meeting and referred back to the Planning & Zoning
Board for further study. It is recommended that Council either instruct
the City Attorney to incorporate the recommendations of the Planning &
Zoning Board in Ordinance No. 35-77 or refer to a workshop meeting.
Mr. Weekes moved that the City Attorney be instructed to prepare
an ordinance with the change that he suggested, seconded by Mr. Randolph.
Upon roll call Council voted as follows: Mr. Randolph - Yes; Mr. Sanson
- No; Mr. Weekes - Yes; Mayor Scheifley - Yes. Said motion passed with
a 3 to 1 vote.
Before roll call the following discussion was had. Mr. Sanson
stated he would like to make a motion that automobile paint and body shops
and ceramic manufacturing be kept under "Conditional Uses". He stated his
reasons for this is, basically, because a lot of the light industrial
- 21 - 6/27/77
zoning is directly across the street from residential homes. The situa-
tion with automobile paint and body shops and ceramic manufacturing are
quite often done on the outside or with garage doors open. He stated he
does not mind having an industrial use across from residential as long as
it is buffered properly by highways, landscaping, and setbacks.
Mr. Sanson moved to amend the motion that automobile paint and
body shops and ceramic manufacturing be kept under "Conditional Uses!'.
~ Mr. Weekes stated he does not accept the amendment.
Mr. Kotulla stated that at the Planning & Zoning Board's meeting,
they discussed Mr. Sanson's problems and they felt there were primarily.
three reasons why they should not make that change:
(1) with the district boundry line they could guarantee enough separation
between the industrial zoning district and the residential;
(2) within the purpose of the industrial zoning district i~ says there
should be no objectionable odors, noise, etc.;
(3) under special regulations there is a requirement that says that all
work being done shall be within enclosed buildings.
H~ stated they felt they would be gaining nothing by subjecting the peti-
· tioner to conditional use except added time and expense.
Mayor Scheifley asked Mr. Carey if a case like this came to
the Planning & Zoning Board for Conditional Use, Site Plan approval,
would he give serious consideration to that factor.
Mr. Carey stated the City brought this to a head with Econo Auto
Painting who went through the whole process and they realized that it did
not serve any purpose, whereas at the same time within the present ordi-
nances, a man could go down on Federal Highway and open a paint and body
shop and doesn't have to say "boo" to anyone; he gets a permit and goes
into business. So to say he can do it in Special Commercial on Federal
Highway and have him to come in for a conditional use in MI or LI does not
make a lot of sense and then he has the three conditions he has to meet.
9.a. The City Manager reported that the Planning & Zoning Board, at
a meeting held on June 21st, recommended by unanimous vote that Candeub,
Fleissig and Associates be retained to prepare the "Conservation Element"
and the "Coastal Zone Protection Element" as required by the Local Govern-
ment Comprehensive Planning Act of "75" based on the proposed work program
submitted for the two planning elements because of their past satisfactory
performance at a reasonable cost and the fact that they have the knowledge
acquired through previous work to give them the background to s~rt this
new project. The fee for doing this work would be a fixed fee in the
amount of $9,500 and it is planned to budget the money to pay for this in
the upcoming City budget. There are no grant funds in sight at present
for this.
Mr. Weekes moved that Council sustain the recommendation of the
Planning & Zoning Board and that they hire Candeub, Fleissig and Associates
to perform the two elements with the money to come from the fiscal 1977-78
budget in the amount of $9,500, seconded by Mr. Randolph. Said motion
passed unanimously.
9.b. The City Manager reported that the Planning & Zoning Board, at
a meeting held on June 21st, recommended by unanimous vote that Lots 20
and 21, Delray Beach Shores be rezoned from RM (Residential Multiple Family
District-Medium Density) (County zoning) to R-1AA (Single Family Dwelling
District) (City zoning). This property is in Section 21-46-43 and is located
on the west side of A1A between White Drive and Rhodes Villa Avenue. It
is recommended that Council pass a motion requesting the City Clerk to
notify the property owners in Delray Beach Shores in accordance with the
-' provisions for the rezoning contained in the Home Rule Act.
Mr. Randolph moved that Council sustain the recommendation of
the Planning & Zoning Board requesting the City Clerk to notify the
property owners in Delray Beach Shores in accordance with the Home Rule
Act, seconded by Mr. Sanson. Sfaid motion passed unanimously.
- 22 - 6~27/77
9.c. Th~ City Manager reported that the Planning & Zoning Board, at
a ~eeting held on June 21st, recommended by unanimous vote that Lots 60 and
61, Delray Beach Shores be rezoned from RM (Residential Multiple Family
District-Medium Density) (County zoning) to RM-6 (Multiple Family Dwelling
District) (City zoning). This property is in Section 21-46-43 and is
located on the west side of A1A between Lewis Cove and Brooks Lane. It
is recommended that Council pass a motion requesting the City Clerk to
notify the property owners in Delray Beach Shores in accordance with the
provisions for rezoning contained in the Home Rule Act.
Mr. Randolph moved that Council sustain the recommendation of
the Planning & Zoning Board requesting the City Clerk to notify the pro-
perty owners in Delray Beach Shores in accordance with the Home Rule Act,
seconded by Mr. Weekes. Said motion passed unanimously.
9.d. The City Manager reported that the Planning & Zoning Board, at
~ meeting held on June 21st, recommended by unanimous vote that the pre-
[iminary and final plat for Section I of the Lakewoode Subdivision (Hamlet
Phase V), located on the north side of Hamlet Drive, between Military
Frail and Dover Road, and zoned RM-6 (Multiple Family Dwelling) District,
De approved subject to the following:
(1) Comments of the Lake Worth Drainage District as stated in their
May 2nd letter;
(2) That the sidewalk requirement be waived on both sides of the street;
(3) That the permanent dead-end street known as "Lakewoode Circle West"
be approved as 1975 feet in length.
Mr. Weekes moved that Council sustain the recommendation of the
Planning & Zoning Board and that the preliminary and final plat of Section
I - Lakewoode Subdivision be accepted subject to the recommendations con-
tained in the preface of tonight's agenda, seconded by Mr. Randolph. Said
motion passed unanimously.
Before roll call Mr. Sanson complimented Mr. Curlan. and Mr. Gaines
on their continued interest in trying to always to be pre'i~nt and put up
with what they do.
9.e. The City Manager reported that the Planning & Zoning Board, at
a meeting held on June 21st, recommended by unanimous vote that the pre-
liminary and final plat for Section II of the Lakewoode Subdivision (Hamlet
- Phase VI), located on the north side of Hamlet Drive between Military
Trail and Dover Road, and zoned RM-6 (Multiple Family Dwelling) District,
be approved subject to the following:
(1) Comments of the Lake Worth Drainage District as stated in their
May 2nd letter;
(2) That the sidewalk requirement be waived on both sides of the street;
(3) That the permanent dead-end street known as "Lakewoode Circle East"
be approved as 1170 feet in length.
Mr. Randolph moved that Council sustain the recommendation of
the Planning & Zoning Board subject to the recommendations contained in
the preface of tonight's agenda, seconded by Mr. Sanson. Said motion
passed unanimously.
9.f. The City Manager reported that the Planning & Zoning Board, at
a meeting held on May 24th, recommended by unanimous vote that the site
plan modification request from Jardin Del Mar, located at the southwest
corner of the 'intersection of A1A and Ingraham Avenue, of adding stairs
leading from the balconies down to the patios be approved. Council, at
its meeting on June 13th referred this item to workshop.
Mr. Weekes moved that Council sustain the recommendation of the
Planning & Zoning Board, seconded by Mr. Sanson. Said motion passed
unanimously.
9.g. The City Manager reported that the Planning & Zoning Board has
recommended by unanimous vote that Section 29-13.1(B) (14) of the City
Code of Ordinances be amended to read as follows:
- 23 - 6/27/77
"(14) Cocktail lounges, bars, and package liquor
stores, subject to Chapter 4"
It is recommended that Council either instruct the City Attorney to pre-
pare an ordinance effecting the recommendation of the Planning & Zoning
Board, which would add package liquor stores as a permitted use, or refer
the matter to a future workshop meeting.
Mr. Sanson moved to instruct the City Attorney to prepare an
ordinance effecting the recommendations of the Planning & Zoning Board,
seconded by Mr. Randolph. Said motion passed unanimously.
10. The City Manager recommended authorization for payment of the
~-i-~y's bills.
Mr. Randolph moved that Council authorize payment of the City's
bills, seconded by Mr. Weekes. Said motion passed unanimously.
General Fund ................ $274,639.32
Water & Sewer Fund ............. 7,168.02
Cigarette Tax Fund ........... ~ . . 6,040.00
Special Projects Fund ........... 2,853.00
Improvement Trust Fund ........... 1,686.11
Federal Revenue Sharing Fund ........ 75,000.00
Mr. Weekes moved for the adjournment of the meeting, seconded
by Mr. Sanson. Said motion passed unanimously. The meeting adjourned
at 11:40 P. M.
The undersigned is the City Clerk of the City of Delray Beach
and that the information provided nerein is the minutes of the meeting
of said City Council for June 27, 1977 which minutes were formally approved
and adopted by the City Council on ~<~. ~_ /~/ /~7 ·
/~/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 the 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.
- 24 - 6/27/77
BOGA RATON YAGI-IT 8¢ TF.~N~S GLUn, INC.
2801 NORTH MILITARY TRAIL
BOCA RATON, FLORIDA 3343Z
(305) 395-5460
June 23, 1977
James H. Scheifley, Mayor
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Honorable Mayor Scheifley:
It has cOme to our attention that the Planning & Zoning Board has recommended
that our property located at the southeast quadrant of Linton Boulevard and
1-95 be rezoned from Specialized Commercial District to Community Commercial
District. Inasmuch as the Planning & Zoning Board did not see fit to discuss
their reasons for this action, we are not aware of their purpose in suggesting
this change.
We do understand that as a part of this rezoning they propose to ammend the
Community Commercial zoning to allow hotel and motel as a conditional use.
We assume that proposed Ordinance No. 43-77 is a result of this plan. We
have studied the above mentioned proposed ordinance and object to Section 3,
as being too limiting if it were to apply to our property. We will appear
at the public hearing to voice our objections.
It is our strong opinion that the entire matter of rezoning our property and
the ammending of the Community Commercial District Ordinance be discussed.at
the workshop meeting prior to the council action on Ordinance No. 43-77.
Through discussions there could possibly be a common solution to this problem
which both the City and ourselves would be happy with.
You will recall that in March of 1977 the City Council approved a plat of our
property and at the same time annexed two acres of land into the City. This
annexation and plat approval were requested subject to Specialized Commercial
zoning and were granted by the City.
Over the past ten years we have cooperated with the City in all respects and
assure you that this cooperation will continue.
Very truly yours,
BOCA RATON YACHT & TENNIS CLUB, INC.
~renna~'n~
JKB/ml
cc: Leon M. Weeks, Vice-Mayor Frank Carey, Committee Chairman, P&Z
Robert D. Chapin, Council Member Dan Kotulla, Director, P&Z
David E.-Randoulph, Council Member J. Eldon Mariott, City Manager
Aaron I. Sonson, Iv, Council Member