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04-14-75 APRIL 14, 1975 A regular meeting of the City Council of the City of Delray Beach, Florida, was held in the Council Chambers at 7:30 P.M., Monday, April 14, 1975, with Mayor James H. Scheifley presiding, and City Manager J. Eldon Mariott, City Attorney Roger Saberson, Council members Andrew M. Gent, Grace S. Krivos, David E. Randolph and Ron I. Sanson, IV, present. 1. The opening prayer was delivered by Rev. John Worthington of the Cason United Methodist Church of Delray Beach. 1. The Pledge of Allegiance to the Flag of the United States of America was given. 3. The minutes of the regular meeting of March 24, 1975 were unanimously approved on motion by ~s. Krivos and seconded by Mr. Gent. 4.a. Mr. Gent asked the City Manager to investigate the portion of the storm sewer system at the end of Thomas Street. He stated there are mechanical devices and electrical systems sticking up above the ground and trash has gathered in the area. 4ob. Mrs. Krivos reported on a meeting with the Watchdog Committee on the Beach Bond Issue. She spoke with Commissioner Medlin concerning the need for parking north of Atlantic Avenue, parking on the north portion of A-l-A, the need for sanitary facilities for the beach area, and the need for a new pool complex. Commissioner Medlen was informed The Gipper had been offered to the City for sale and he stated the County would probably purchase the lots in De!ray Beach Shores presently under consideration. He stated he would obtain as much money as possible for use in South Palm Beach County and Delray Beach in particular. 4.c. Mayor °-~fley read a ~.~o ...... ~on proclaimin~ ~ April 20 through 26, 1975, as Realtor Week. 4.d. Mayor Scheifley read a Proclamation proclaiming the week of April 20 through 26, 1975, as Secretaries Week in Florida. 4.e. Mayor Scheifley read a Proclamation proclaiming May 26, 1975 as Memorial Day. 4.f. Mayor Scheifley read a Proclamation proclaiming the month of April, 1975 as Fair Housing Month. 5.a. Mr. R. Dail Moore, 1020 Rhodes Villa, Delray Beach, spoke representing the Beach Property Owners' Association. Mr. Moore requested the City Administration disseminate more advertising and notices of the Council meetings and the agendas. Mr. Moore further stated he was opposed to any businesses opening on a 24-hour-a-day basis in the City of Delray Beach. He requested Council to make a clear-cut decision on what should and should not be open all night. 5.b. 5~. Tore Wallin, 2717 Florida Boulevard, Delray Beach, sub- mitted the report of the Community Appearance Study Committee to Council members. He introduced the members of the Committee and thanked them for their work, especially commending Mm-. Herbert Bernenko. Mr. Sanson stated the Con~ittee recommends the report be referred to an individual workshop session. 5.c. Mrs. Dorothea Montgomery, 80 Venetian Drive, Delray Beach, thanked the Council and the City Administration for widening Venetian Drive. 6.a.1. The City Manager reported on the litigation involving the Ci%'y o'f Delray Beach and the Congress Avenue Baptist Church. Mr. Bruce Daniels, Attorney representing the City of Delray Beach, has requested permission from the City to file a petition for rehearing in this case. The City Attorney reported the two primary issues in the case were: 1 - there was an expansion of a non-conforming use without authorization from the City; and 2 - there were violations of the City Building Codes, Electrical Codes, etc. The Court found as a fact in the case that there were no violations, and Mr. Daniels does not feel the evidence reflected this finding. City Attorney Saberson stated the City has three options: 1 - file a petition for rehearing; 2 - appeal the case; or 3 - abide by the judgment. He suggested filing a petition for rehearing. It was pointed out the State Fire Marshall had listed several pages of viola- tions. Mrs. Krivos moved that Attorney Bruce Daniels submit a petition for rehearing on this suit, seconded by Mr. Gent, said motion passing unanimously. 6.a.2. The City Manager stated several vacancies exist on the Board of Adjustment and since there are some petitions pending for the April 24th meeting of the Board, it is necessary that appointments be made prior to that time. The Board requires five regular members and five alternate members; at present, there are two regular members and three alternate members. The regular members are Mrs. Eleanor Gringle and Mr. Charles Toth; the alternate members are the Rev. Semmie Taylor, Mr. J. J. Singer and Mr. R. P. Price. Mr. Glenn R. Campbell has offered to serve, but there is a question as to his legal residency in the City of Delray Beach. The Board of Adjustment specifically requires that fox a person to be eligible to.serve on the Board, he or she must be a resi- dent of the City. Mayor Scheifley reported Mr. Campbell had filed home- stead exemption outside of the City for the last two years. The four persons willing to serve as alternate members are Messrs. Kenneth Grant, John M. Ghent, Robert Kinkead and Mrs. William Matthews. Discussion ensued among Council members resulting in a motion by Mr. Sanson to table the item until a special meeting could be held on Monday, April 21st at 6:45 P.M. prior to workshop meeting, seconded by ~. Gent, said motion passing unanimously. 6.a.3. The City Manager reported the City is in receipt of a request to approve an easement grant across a piece of City-owned land extending westward of Marine Way along the westward side of the Intracoastal Water- way south of Atlantic Avenue, being Lots 6 and 7, Block 126. Mr. James L. Bowen, the applicant, is requesting.a 15 foot easement across the City property to provide access to his property. It is r.ecommended tD.e request be approved. Mrs. Krivos moved to grant the 15 foot easement across the City property westward of Marine Way to James L. Bowen to provide ingress and egress to his property, Lots 6 and 7, Block 126, seconded by b~r. Gent, said motion passing unanimously. 6.a.4. ~. Sanson requested that Item 9.b. be moved up on the agenda due to the number of people attending the meeting from Tropic Palms interested in this item. Mr. Sanson moved that Item No. 9.b. on the agenda be rescheduled to Item 6.g., seconded by Mrs. Krivos, said motion passing unanimously with Mr. Sanson abstaining. 6.a.5. Mrs. Krivos t~hanked the Council for taping the laSt workshop meeting held on Wednesday afternoon. She asked if additional workshops would be held during the day in the future. Discussion evolved con- cerning possible alternatives. 6.b. The City Manager stated it is recommended that Council author- ize a survey of the rock pit land at a cost of $800 with money to come from the Professional Services Account in the Engineering Budget. Mr. Sanson moved to authorize the survey of the rock pit land at a cost of $800, seconded by Mr. Gent, said motion passing unanimously. 6.c. The City Manager recommended that Council authorize the exe- CUtion of agreements with Palm Beach County with regard to traffi~ signals to be located at the intersection of West Atlantic Avenue and 8th and 10th Avenues. The agreements cover the installation and main- tenance of the traffic signals. Mr. Randolph moved to authorize the execution of the agreements, seconded by Mrs. Krivos, said motion passing unanimously. 6.d. The City Attorney recommended that the Council pass a motion ~-i-~cting the City Attorney to file a motion with the State PERC Commission withdrawing the City's application for State approval of the City's local option PERC ordinance. Mr. Gent moved that City -2- 4-14-75. Council direct the City Attorney to immediately withdraw the applica- tion for the mini-PERC ordinance, seconded by Mrs. Krivos, said motion passing unanimously. 6.e. The City Manager recommended that council authorize the execution of an agreement with Florida East Coast Railway Company with regard to installation of existing traffic signalization at South Swinton Avenue. The estimated cost to install flashing lights, bell and gates is $46,127 with the City paying 10% or $4,613, and the rest of the funds will come from the Department of Transportation and Federal Grant funds. The City Manager reported this was only for the angle crossing. The City's funds will come from unused signalization funds presently in the budget and will not require additional budget appropriation. Mr. Ran- dolph moved that the City authorize the execution of the agreement for traffic signalization for South Swinton Avenue with the City paying 10% of the total cost amounting to $4,613, seconded by Mrs. Krivos, said motion passing unanimously.. 6.f. City Manager Mariott reported the following three quotations have been received by the City for selling the City a boat for use Dy the Police Department: Bidder Bid Galligan's Lakeside Marina, Inc. $3,033.00 Hypoluxo, Florida D & D Marine Supply, Inc. 3,175.00 West Palm Beach, Florida Delray Boats, Inc. 3,491.50 Delray Beach, Florida It is recommended that the purchase be ma~e from the low with the purchase money to come from funds provided in the current budget for installation of closed circuit TV. The advisability of pro- viding funds for closed circuit TV installation will be considered at a future time. The reason for purchasing the boat is the increase of burglaries along the Intracoastal Waterway in Delray Beach. The City Manager stated existing personnel would be utilized for operation of a boat patrol. Mr. Gent moved that Council approve the purchase of a boat for the Police Department from Galligan's Lakeside Marina, Inc. in the amount of $3,033, seconded by Mr. Randolph, said motion passing unani- mously. 6.g. (9.b.) City Manager Mariott reported the Planning and Zoning Board at a meeting held on March 18, 1975, recommended by unanimous vote that the zoning on the property in Tropic Palms Subdivision, Section 29-46-43, bounded on the north by Audubon Boulevard, on the east by the Hungerford Canal, on the south by the LWDD C-15 Canal and on the west by the 1-95 right-of-way be changed as follows: Lots 679-700 from RM-15 (Multiple Family) Dwelling to RM-6 (Multiple Family) Dwelling. Lots 637-678 from RM-15 (Multiple Family) Dwelling to R-1AA (Single Family) Dwelling. Lots 701-811 from RM-15 (Multiple Family) Dwelling to R-1AA (Single Family) Dwelling. A sketch was shown depicting the property in question. Mrs. Kr~vos moved to deny the recommendation of the Planning and Zoning Board. The motion failed for lack of a second. Mr. Sanson moved to sustain the recommendation of the Planning and Zoning Board, seconded by Mr. Gent. Mr. G. William Anderson, representing First Federal Savings and Loan Association of Miami, the owner of the property, stated the recommendation of the Planning and Zoning Board was punitive and -3- 4-14-75. discriminatory. He reiterated the past agreements with the City and requested that a compromise be considered to enable the property to be developed at a marketable figure. Mr. Frank Ellis, 553 Jaeger Drive, Tropic Palms, stated he felt there should not be any change in the reco~aendation of the Plan- ning and Zoning Board. Mr. Henry C. Smith, 642 Lindell Boulevard, Tropic Palms, Vice-President of the Tropic Palms Homeowners' Association, stated the Association endorsed strongly the decision of the Planning and Zoning Board. He stated the Association is in receipt of a memorandum from the Public Utilities Director of the City stating if all the develop- ments presently approved for this area were built, the utilities in the area would be overloaded. Mr. William Andrews, 100 N.E. 5th Avenue, Delray Beach, stated he felt further study regarding development in the area would be neces- sary to provide a valid solution to the question. Mrs. Kay Larche, 5190 Garfield Road, Delray Beach, spoke of the extensive land study performed by the City and reiterated that as a result of the study, the recon~endation was made that this land be designated as R-1AA. Mr. Clay Olson, Delray Beach, stated the land value of the area has more than doubled recently and he felt the bank had recouped any possible loss from lowering the density. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - No; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. The motion passed with a 4 to 1 vote. 7 a. M=~,~ C~h~l~v ~n~wl~daed receipt of the minutes of the Beautification Committee for its~ar~, ....... 5, 1975 and ~ '~ o, ~prm~ ~ 1975 meetings. 7.b. City Manager Mariott reported Mr. Albert Rendell, 1225 South Ocean Boulevard, Delray Beach, has requested a gratis license. Satis- factory evidence having been provided the City, it is recommended the license be issued. )~. Gent moved a gratis license be granted to Mr. Rendell as a volunteer income tax assistant, seconded by Mr. Randolph, said motion passing unanimously. 7.c. City Manager Mariott reported Mr. Thomas R. S. Ikeler, 100 ~.E. 5th Avenue, Delray Beach, has requested a 10% disability discount from his occupational license because of 10% military service disability. Satisfactory evida .c~ha~ing been provided the City, approval is recommended. Mr. Randolph so moved, seconded by Mr. Sanson, said motion passing unanimously. 7.d. The City Manager reported a communication has been received ~rom the Delray Beach American Little League requesting permission to solicit funds on April 11 and 12, 1975. It is the recommendation of the City Solicitations Committee that the request be granted. Mrs. Krivos moved to approve the dates that have already passed of April 11 and 12, 1975, for the solicitation of the Delray Beach American Little League, seconded by )~. Randolph, said motion passing unanimously. 7.e. City Manager Mariott reported the County.has provided the ~ity with a revised City-County Interlocal Agreement relative to the Community Development Program which revision is made necessary by a regulation of the Departmen~ of Housing and Urban Development. There is a change in the approval period from the calendar year to the Federal fiscal year and another major change concerns the City's power to veto any development within the City; HUD is requesting the City's approval -4- 4-14-75. or disapproval to be made known to them prior to HUD's approval of the County application rather than their granting a blanket approval to the County. Mr. Randolph recommended the City enter into the revised Inter- local Agreement between the City and the County, having studied the agreement. Mr. Randolph moved that Council approve the revised Inter- local Agreement relative to the Community Development Program, seconded by Mr. Sanson for purposes of discussion. Mr. Sanson expressed reser- '- vations concerning the inclusion of Delray Beach in the program. Mr. Randolph explained the program and the participation of Delray Beach. The City Manager stated he did not feel as confident now as he had con- cerning the funding of all or a portion of the City's program during the coming year; however, he felt there is no chance whatever that the City of Delray Beach will receive any funding at all during the coming year if the Interlocal Agreement is not signed. Discussion followed resulting in the motion passing unanimously. The City Manager stated the second portion of this item has to do with the filing by the County of the County application with the Department of Housing and Urban Development for Federal Grant Funds totaling $1,050,000. It is recommended as provided by the guidelines under this program that Council pass a motion that would approve the County's filing of this application with the Federal Government and that the City ask for an A-95 review of the program. Mr. Randolph moved for the approval of the County's application submission for Community De- velopment Block Grant Funds to HUD and approval of submission of the A-95 report for review, seconded by Mr. Sanson, said motion passing unanimously. City Manager Mariott reported the third item involved in this program is Resolution No. 24-75. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING PALM BEACH COUNTY TO INCLUDE FUNDS FOR CONSTRUCTION OF A IN THE CITY OF DELRAY BEACH UNDER THE CO~4UNITY DEVELOPMENT ACT. [Copy of Resolution No. 24-75 is attached to the official copy of these minutes.) This resolution makes a request of the County Commission as to what the City wishes included in the Con, unity Development Program in Delray Beach. The two items being requested by the City are Teen Town and the upgrading of housing in Delray Beach. Mr. Randolph moved for the adoption of Resolution No. 24-75, seconded by Mr. Gent. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. 8.a. The City Manager presented Resolution No. 21-75. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING NEGOTIATION OF A CONTRACT TO FURNISH AND PLACE TIFTON BERMUDA SOD AT THE BALL FIELD LOCATED AT TEEN TOWN RECREA- TION CENTER AT N.W. 13TH AVENUE AND N.W. 2ND STREET, CITY OF DELRAY BEACH, FLORIDA, AS SHO~ ON DRAWING NO. 3-6-75-DB. (Copy of Resolution No. 21-75 is attached to the official copy of these minutes.) It is recommended that the contract for furnishing and placing sod at the Teen Town ball field be awarded to the low bidder, Carr Soil & Sod-Driveways, in the amount of $4,680 with financing to be from Federal Revenue Sharing Funds which have already been allocated for this purpose. Mrs. Krivos moved for the passage of Resolution No. 21-75, -5- 4-14-75. seconded by Mr. Randolph. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr.~ Sanson - Yes; Mayor Scheifley - Yes. 8.b. The City Manager presented Resoiution~No. 22-75. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PROTESTING TO THE LAKE WORTH DRAINAGE DISTRICT THE POSSIBLE LOWERING OF WATER LEVELS IN Tt~ CANAL SYSTEM WEST OF DELRAY BEACH AND SURROUNDING COMMUNITIES. (Copy of Resolution No. 22-75 is attached to the official copy of these minutes.) The City has recently learned that developers west of tha City of Delray Beach are planning to attempt to obtain approval from the Lake Worth Drainage District to lower the water table in the canal systems west of town approximately 2½ feet to 3 feet which could adversely affect the quality and quantity of the City's water supply. Mr. Ran- dolph moved for the adoption of Resolution No. 22-75, seconded by Mr. Sanson. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley- Yes. 8.c. The City Manager presented Resolution No. 23-75. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING THE FLORIDA DEPARTMENT OF TRANSPORTATION TO RESTRICT THE PARKING ALONG STATE ROAD A-1-A BETWEEN THE HOURS OF 12:00 A.M.. AND 7:00 A.M. TO ONE HOUR PARKING, AND TO PROHIBIT DURING ALL HOURS THE PARKING OF VEHICLES ALONG SAID STATE ROAD WHICH OCCUPY MORE T~AN ONE PARKING SPACE ~opy of Resolution No. 23-75 is attached to the official copy of~these minutes.) The City Manager reported this resolution asks the Florida Department of Transportation to restrict the parking along State Road No. A-1-A between the hours of 12:00 A.M. and 7:00 A.M. to one hour and to prohibit during all hours the parking of vehicles along State Road No. A-1-A which occupy more than one parking space. These restrictions will apply between Beach Drive and Casaurina Road. Mrs. Krivos moved for the passage of Resolution No. 23-75, seconded by Mr. Gent. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. 8.d. The City Manager presented Ordinance No. 4-75. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH CERTAIN LAND, NAMELY LOT 1, BLOCK 3, LAKE IDA GARDENS AMENDED PLAT, 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. 4-75 is attached to the official copy of these minutes.) 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. -6- 4-14-75. Mrs. Krivos moved for the passage of Ordinance No. 4-75 on second and final reading, seconded by Mr. Gent. Upon roll call, Council voted as follows: Mr Gent - Yes; Mrs. Kriuos - Yes; ~ Randolph - Yes; Mr Sanson - Yes; Mayor Scheifley - Yes. 8.e. The City Manager presented Ordinance No. 5-75. 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, AS AMENDED, BY ADDING "COMMERCIAL RECREATION FACILITIES" AS A CONDITIONAL USE IN THE COMMUNITY COMMERCIAL ZONING DISTRICT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVING CLAUSE. (Copy of Ordinance No.. 5-75 is attached to the official copy of these minutes.} This ordinance will add Corm~ercial Recreational facilities as a conditional use in the CC Community Commercial zoning district. A Public Hearing was held, having been legally advertised in compliance with the laws of the State of Florida and the City of Delray Beach. There being no objections, the Public Hearing was closed ' Mr. Gent moved for the passage of Ordinance No. 5-75 on second and final reading, seconded by Mrs. Krivos. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Ran- dolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. 8.f. The City Manager presented Ordinance No. 6-75. AN ORDINANCE OF TI{E CITY COUNCIL OF THE CITY OF OF THE CODE OF ORDINANCES OF 'fl{E CITY OF DELP~AY BEACH, AS AMENDED, BY ADDING "RESTAURANTS" AS A PE~4ITTED USE IN THE MEDIUM INDUSTRIAL ZONING DISTRICT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVING CLAUSE. (Copy of Ordinance No. 6-75 is attached to the official copy of these minutes.) This ordinance will add restaurants as a permitted use in the Medium Industrial district. A Public'~e~rin'g was held, having been legally advertised in compliance with the laws of the State of Florida and the City of Delray Beach. There being no objections, the Public Hearing was closed. Mrs. Krivos moved for the passage of Ordinance No. 6-75 on second and final reading, seconded by Mr. Randolph. Mr. Sanson stated he would prefer to see restaurants permitted as a Conditional Use in this zoning district. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Sanson - No; Mayor Scheifley - Yes. The motion passed with a 4 to 1 vote. 8.g. The City Manager presented Ordinance No. 7-75. AN ORDINA~CE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING" OF THE CITY'S CODE OF ORDINANCES BY AMENDING SUB- SECTION 29-3 (E) (2) FENCES; ALSO BY AMFNDING SUB- SECTION 29-3 BY ADDING WALLS AND FENCES; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVING CLAUSE. --7-- 4-14-75. (Copy of Ordinance No. 7-75 is attached to the official copy of these minutes.) This ordinance will further control and regulate walls, fences, hedges, plantings, and heights and locations of them. 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. 7-75 on second and final reading, seconded by Mr. Gent. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. 8.h. The City Manager presented Ordinance No. 8-75. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, A~NDING CHAPTER 29 "ZONING" OF THE CITY'S CODE OF ORDINANCES BY AMENDING SUB- SECTION 29-7 (E) PERTAINING TO MINIMUM BUILDING SETBACKS IN THE C-1 LIMITED COM~4ERCIAL ZONING DIS- TRICT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVING CLAUSE. (Copy of Ordinance No. 8-75 is attached to the official copy of these minutes.) 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. Gent moved for the passage of Ordinance No~ 8-75 on second and final reading, seconded by Mr. Randolph. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. 8.i. The City Manager presented Ordinance No. 10-75. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING" OF THE CITY'S CODE OF ORDINANCES BY AMENDING SUB- SECTION 29-3 BY ADDING DISTRICT BOUNDAR~ LIN~ REGU- LATIONS PERTAINING TO COMMERCIAL AND INDUSTRI~!"i'' ' ..... DISTRICTS SETBACK REQUIREMENTS WHEN RESIDENTIAL ZONING DISTRICTS ARE ADJACENT TO COMMERCIAL OR IN- DUSTRIAL ZONING DISTRICTS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PRO- VIDING A PENALTY CLAUSE; PROVIDING A SAVING CLAUSE. City Manager Mariott reported this ordinance refers to both the boundary line regulations and landscaping requirements in commercial and industrial districts. The City Attorney stated this was recommended by the Planning and Zoning Board and explained several changes in the setback requirements. Mr. Gent moved for the passage of Ordinance No. 10-75 on first reading, seconded by Mrs. Krivos. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. 8.j. The City Manager presented Ordinance No. 11-75. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING" OF THE CITY'S CODE OF ORDINANCES BY AMENDING SUB- SECTION 29-6.1 CC COMMUNITY CO~ERCIAL DISTRICT AND SUBSECTION 29-6.2 SC SPECIALIZED COMMERCIAL DISTRICT BY DELETING ANY REFERENCE TO HOURS LIMITATIONS FOR OPERATION OF BUSINESSES IN THESE DISTRICTS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVING CLAUSE. The City Manager stated the Planning and Zoning Board has recommended to Council that any reference to hours limitations for operation of businesses located in the CC Community Commercial District and the SC Specialized Commercial District be deleted. The City Attorney stated the ordinance provides a blanket removal of hours limita- tions from the CC and SC zoning districts; however, the ordinance does not in any way repeal specific hours limitations that have been passed regarding specific businesses, i.e, bars. The following communication from the Beach Property Owners' Association was received by Council members and a request was made that it .be read into the minutes. "The Honorable James H. Scheifley Mayor City of Delray Beach, Florida Dear Mayor Scheifley: When Mr. Brinkley, attorney for Denny's Restaurants, appeared before Council on Monday, March 28th, he gave a very con- vincing presentation on the wisdom of having uniform hours of operation for all businesses in Delray Beach. While most local businesses, other than those serving intoxicating beverages, can stay open 24 hours a day, it seems that this privilege is not accorded establishments along the two strips of Federal Highway and a portion of Atlantic Avenue. Mr. Brinkley feels this policy is discriminatory and should be repealed. This latter approach to Council is, we believe, contrary to Denny's first approach to Council. Three of our Trustees remember attending a Council meeting in which the Denny representative clearly asked for an exception to the present ordinance. The majority of the Trustees of this organization believe that the most recent approach to Denny's proposed project is the most reasonable. But these same Trustees also contend that neither of the two alternatives is acceptable to the vast majority of Delray's residents and taxpayers. At a regularly scheduled meeting of the Board of Trustees held Monday, April 7, 1975, and after long and intensive discussion of the subject, the Board passed the following resolution, and asked that it be distributed to all City officials and to members of the press: RESOLVED: 1. ~hat the Board of Trustees of the Beach Property Owners' Association at its regular meeting held Monday, April 7, 1975, calls upon the Council of Delray Beach, Florida, to deny the petition of Denny's Restaurant for a 24-hour-a-day operation, and further, 2. calls upon Council to negate all ordinances now applicable to hours of operation of business establishments, and to enact a new and enforceable ordinance that prohibits any business from operating 24 hours a day, and defines "open" hours as from sunrise to not later than 2 A.M. The only exceptions would be funeral homes, churches, hotels, motels, or comparable enter- prises. We respectfully request that this letter and this resolution be read and written into the minutes of Council's regularly scheduled meeting, Monday, April 14, 1975, and further, that Council in its deliberations conclude that an ordinance -9- 4-14-75. such as suggested above would be in the best interest of every segment of Delray's population. Respectfully submitted by the Board of Trustees .sd/ J. W. Dunbar Secretary 4/11/75 CC: All Council Members City Manager Press" Mr. Gent stated the Board of the Tropic Isle Civic Association has voted not to take any action to oppose the opening of Denny's Res- taurant on a 24-hour-a-day basis and they are the closest residential area to the subject property. Mr. Randolph expressed opposition to any 24-hour-a-day business in Delray Beach at this time. Mayor Scheifley, Mr. Sanson and ~s. Krivos spoke in favor of having Denny's Restaurant come into Delray Beach. Considerable discussion ensued among Council members and members of the audience concerning various aspects of having Denny's Restaurant operate 24 hours a day. Mr. Michael Brinkley, attorney for Denny's Restaurants, 2881 E. Oakland Park Blvd., Ft. Lauderdale, reiterated that the question does not concern Denny's Restaurants, but rather is a matter of conforming the ordinances governing hours of operation for businesses in the City of Delray Beach. ~. Jerry West, Real Estate Department of Denny's Restaurants, stated approximately 25% of their business (on a nationwide average) is done between 11:00 P.M. and 7:00 A.M. He further stated the average customer bill during these hours is a little higher than the bills of customers during the daytime hours. Mr. West also stated alcoholic beverages will not be served at Denny's Restaurants in Florida. Mr. Gent moved for the passage of Ordinance No. 11-75 on first reading, seconded by Mrs. Krivos. Upon ~ll ~ll, Council. voted ~s fo!!ows~ ~r. ~nt - Yes~ Mrs. Krivos - Yes: ~. Randolph - No; Mr. Sanson - Yes; Mayor Scheifley - Yes. The motion passed with a 4 to 1 vote. Mayor Scheifley asked the City Attorney to devise a method to control hours of operation in some manner for busi- nesses which might endanger the health, welfare, safety or quality of life in Delray Beach. 8.k. The City Manager presented Ordinance No. 12-75. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LOTS 1 THROUGH 11, AND TRACT P, TROPIC PALMS SUBDIVI- SION, AND TRACT 4A OF REPLAT OF HIDDEN VALLEY, SECTION 2, AN AREA LOCATED.IN SECTIONS 29 AND 32, TOWNSHIP 46 SOUTH, RANGE 43 EAST, LYING SOUTH OF LINDELL BOULEVARD, WEST OF THE. SEABOARD COAST LINE RAILROAD, NORTH OF THE LAKE WORTH DRAINAGE DISTRICT C-15 CANAL, AND EAST OF AVOCET ROAD IN "RM-10 - MULTIPLE FAMILY DWELLING DISTRICT" AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1972". This ordinance would change the zoning on Lots 1 through 11 and Tract P, Tropic Palms and Tract 4A of replat of Hidden Valley, Section 2, lying south of Lindell Boulevard, west of the Seaboard Coast Line Railroad, north of the Lake Worth Drainage District C-15 Canal, and east of Avocet Road from RM-20 (Multiple Family) Dwelling to RM-10 (Multiple Family) Dwelling district. Mr. Sanson moved for the passage of Ordinance No. 12-75 on first reading, seconded by Mr. Gent. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. 9.a. The City Manager reported the Planning and Zoning Board's r'~C0mmendation that certain specified uses be allowed as conditional uses in the Delray Mall Shopping Center (Phase II), with the understand- ing that theaters will be deleted from the recommended list. The uses -10- 4-14-75. being considered are as follows: (1) Appliance stores, including service (2) Automotive parts (3) Bicycle sales and service (4) Business offices (5) Delicatessens (6) Department stores (7) Florists (8) Furniture stores (9) Home furnishings Ice cream parlors (11) Leather goods (12) Luggage stores (13) Office furnitures, equipment, and supplies (14) Pet shops, only if located adjacent to an entrance (15) Professional offices, consisting of: accountants, architects, attorneys, chiropractors, dentists, engineers, landscape architects, naturopaths, opticians, optometrists, osteopaths, physicians, podiatrists, psychologists, and surgeons (16) Restaurants (17) Stationery stores (18) Theaters - DELETE (19) Variety stores ~20) Wearing apparel, and furnishings for men, women and children, including furriers, millinery, modiste, shoes, and similar facilities Mrs. Krivos moved that the list of conditional uses as pre- sented to the Council with the exception of theaters be approved, seconded by Mr. Gent. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Randolph - No; Mr. Sanson - Yes; Mayor Scheifiey - Yes. The motion passed with a 4 to 1 vote. 10. The following Bills for Approval were unanimously approved on motion by Mrs. Krivos and seconded by Mr. Sanson. General Fund .............. $427,435.34 Water and Sewer Fund .......... 32,396.60 Cigarette Tax Fund ........... 12,328.75 Utility Tax Fund ............ 2,938.33 Cemetery Perpetual Care Fund . i .... 1,013.44 Citizens Contribution Fund ....... 27.00 Improvement Trust Fund ......... 185,283.15 Beach Restoration Fund ......... 362,541.97 Federal Revenue Sharing Fund ...... 106,391.00 Lowson Blvd. W&S Project Fund ..... 475.20 The meeting was adjourned at 10:47 P.M. · . City Clerk AP PRO~ED: ~ -11- 4-14-75. RESOLUTION NO. 21-75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING NEGOTIATION OF A CONTRACT TO FURNISH AND PLACE TIFTON BERMUDA SOD AT THE BALL FIELD LOCATED AT TEEN TOWN RECREATION CENTER AT N.W. 13TH AVENUE AND N.W. 2ND STREET, CITY OF DELRAY BEACH, FLORIDA, AS SHOWN ON DRAWING NO. 3-6-75-DB. WHEREAS, it is the recommendation of the City Manager that the CouncJ acting by authority of provisions of Section 78 of the City's Charter, awarf a contract to furnish and place Tifton Bermuda Sod at the Ball Park located at Teen Town Recreation Center at N.W. 13th Avenue and N.W. 2nd Street, Cit5 of Delray Beach, Florida, as shown on Drawing No. 3-6-75-DB; and, WHEREAS, of the five qUotations reqUested, only two were submitted in the amount of: Ousley Sod Company $12,452.63 Pompano Beach, Florida Carr Soil & Sod-Driveways $ 4,680.00 Delray Beach, Florida Mangus Nursery & Landscape Co., Inc. No Quotation Boynton Beach, Florida Coastal Nurseries, Inc. No Quotation W~sL Palmo~u~, Florida Altieri Landscape, Inc. No Quotation Delray Beach, Florida WHEREAS, the City Engineering Office certifies the quoted prices to be reasonable and the City Manager recommends that the City of Delray Beach enter into a contract with Carr Soil & Sod-Driveways, Delray Beach, Florida, to furnish and place Tifton Bermuda Sod at the Ball Park located at Teen Town Recreation Center at N.W. 13th Avenue and N.W. 2nd Street, City of Delray Beach, Florida, as shown on Drawing No. 3-6-75-DB, which company sub- mitted the lowest quotation in the amount of $4,680.00; and,~ WHEREAS, it is the Council's opinion that the award of this contract would be in the best interest of the City, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That said contract to furnish and place Tifton Bermuda Sod at the Ball Park located at Teen Town Recreation Center at N.W. 13th Avenue and N.W. 2nd Street, City of Delray Beach, Florida, as shown on Draw- ing No. 3-6-75-DB, be awarded to Carr Soil & Sod-Driveways, Delray Beach, Florida, in the amount of $4,680.00. SECTION 2. That this improvement shall be funded with money from the Federal Revenue Sharing Fund. PASSED AND ADOPTED in regular session on this the 14th day of April , 1975. y-- M-A Y 0~ ATTEST: d City Clerk 70A RESOLUTION NO. 22-75. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PROTESTING TO THE LAKE WORTH DRAINAGE DISTRICT THE POSSIBLE LOWERING OF WATER LEVELS IN THE CANAL SYSTEM WEST OF DELRAY BEACH AND SURROUNDING COMMUNITIES. WHEREAS, the Lake Worth Drainage District has been requested by developers located west of Delray Beach to lower the water level in the canals west of Delray Beach from an elevation of 15.7 feet to 13.0 feet M.S.L.; and, WHEREAS, the water supply of the City of Delray Beach is dependent upon recharge from the west, primarily from the existing canal system; and, WHEREAS, any lowering of the water levels in these canals would severely affect the water usage of the City of Delray Beach; and, WHEREAS, the City of Delray Beach has just completed negotiation with the Flood Control District for a permit for four new wells and the primary concern is the danger of salt water intrusion into the City's well field; and, WHEREAS, much time, money and effort has been expended in an effort to provide good water to the City of Delray Beach in sufficient quantity and quality; and, WHEREAS, it is the concern of the City Administration and the City Council that the health, safety and welfare of the City of Delray Beach and surrounding communities are involved to a great extent, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Council strongly protests any possible action by the Lake Worth Drainage District to lower water levels in the canal system to the west of the City of Delray Beach. Section 2. That copies of this resolution be forwarded to the Lake Worth Drainage~.pistrict, the Area Planning Board, the Flood Control District, and the kJar~ of County Commissioners. PASSED AND ADOPTED in regular session on this the 14th day of April, 1975. ATTEST: City Clerk 70B RESOLUTION NO. 23-75. A RESOLUTION OF THE CITY COUNCIL OF THE CiTY OF DELRAY BEACH, FLORIDA, REQUESTING THE FLORIDA DEPARTMENT OF TRANSPORTATION TO RESTRICT THE PARKING ALONG STATE ROAD A-1-A BETWEEN THE HOURS OF 12:00 A.M. ~qD 7:00 A.M. TO ONE HOUR PARKING, AND TO PROHIBIT DURING ALL HOURS THE PARKING OF VEHICLES ALONG SAID STATE ROAD WHICH OCCUPY MORE THAN ONE PARKING SPACE. WHEREAS, the City of Delray Beach has determined that certain parking regulations along State Road A-1-A would be in the best interests of its citizens; and, WHEREAS, the Florida Department of Transportation is the governmental agency having jurisdiction to regulate the use of State Roads, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: 1. That the Florida Department of Transportation is hereby re- quested to restrict parking along State Road A-1-A within the municipal limits of the City of Delray Beach between the hours of 12:00 A.M. and 7:00 A.M. to one hour parking. This one hour limitation is to apply along State Road A-l-A, from the centerline of Casaurina Road as a southern boundary to the north right-of-way line of Beach Drive as a northern boundary. 2. That the Florida Department of ~-~-~ ............. : _~l.~F~u~o~ is n~by requested to prohibit during all hours the parking of any vehicles in the area described in Section 1 above, which would occupy an area greater than the standard size parallel and angular parking spaces now in use on State Road A-1-A in the municipal limits of Delray Beach. 3. That a~copy of this resolution be forwarded to the Department of Transportation. PASSED AND .ADOPTED in regular session on this the 14th day of April, 1975. ATTEST: City Clerk 70( RESOLUTION NO. 24~75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING PALM BEACH COUNTY TO INCLUDE FUNDS FOR CONSTRUCTION OF A TEEN TOWN BUILDING AND FOR UPGRADING OF HOUSING IN THE CITY OF DELRAY BEACH UNDER THE COMMUNITY DEVELOPMENT ACT. WHEREAS, the City of Delray Beach has, by action of /.ts City Council on April 14, 1975, approved an Inter-Local Agreement with Palm Beach County with respect to implementation of the Community Development Act; and, WHEREAS, two public forums were held on March 4, 1975 and March 20, 1975 specifically and exclusively for the purpose of eliciting citizen input and recommendations with regard to the Community Development Act; and, WHEREAS, the citizens who attended the two public forums referred to above overwhelmingly and unanimously recommended the construction of a Teen Town Building and the upgrading of housing as the two top priority items for inclusion in the funding of the Community Development Program in the City of Delray Beach; and, WHEREAS, Councilman David Randolph and City Manager J. Eldon Mariott, the two representatives of the City of Delray Beach serving by virtue of City Council designation on the County's Community Development Advisory n~ hay~ ~~~ +~ +~ ~+y Council that the City Council request the Palm Beach County Con~ission to provide Con, unity Development funds for the construction of a Teen Town Building and for the upgrading of housing in Delray Beach, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: 1. That the Palm Beach County Commission is requested to provide Community Development Act funds for the construction of a Teen Town Building and for the upgrading of housing in the City of Delray Beach. 2. That a copy of this resolution be forwarded to the Palm Beach County Commission and other parties of interest. PASSED AND ADOPTED in regular session on this the 14th day of April, 1975. /"" M A ATTEST: City Clerk 70D ORDINANCE NO. 4-75. AN ORDINanCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORI~, ANNEXING TO THE CITY OF DELRAY BEACH CERTAIN LAND, NAMELY LOT 1, BLOCK 3, LAKE IDA GARDENS AMENDED PLAT, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIG}~S AND OBLIGATIONS OF SAID LAND; AND 'PROVIDING FOR THE ZONING THEREOF. WHEREAS, HERBERT E. STANTON is the fee simple owner of the propert hereinafter described; and, WHEREAS, HERBERT E. STANTON, by his petition, has 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 with Section 185.1 of the City Charter of said City granted to it by the State of Florida, 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, Palm Beach County, Florida, hereby annexes to said City the following described tract of land located in Palm Beach County, Florida, which lies contiquous to said City, to-wit: Lot 1, Block 3, LAKE IDA GARDENS AMENDED PLAT, according to the Plat thereof 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 Delray Beach, Florida, are hereby redefined so as to include therein the above described tract 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 land hereinabove described is here- by declared to be in Zoning District R-1AA, as defined by existing ordinances of the City of Delray Beach, Florida. SECTION 4. That the land hereinabove described shall immediately become subject to all of the franchises, privileges, L~munities, debts, ~ obligations, liabilities, ordinances and laws to which lands in the City of Delray Beach are now or may be subjected and persons residing thereon shall be deemed citizens of the City of Delray Beach. SECTION 5. That if any word, phrase, clause, sentence or part of this ordinance shall be declared illegal by a Court of competent juris- diction, such record of illegality shall in no way'affect the remaining portion. PASSED ~ND ADOPTED in regular session on the second and final reading on the 14th day of April , 1975. ATTEST: ~ M A Y OUR ~ -~ City Clerk First Reading March 12, 1975 Second Reading April 14,.%975 70E ORDINANCE NO. 5-75 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, AS AMENDED, BY ADDING "COMMERCIAL RECREATION FACILITIES" AS A CONDITIONAL USE IN THE COMMUNITY COMMERCIAL ZONING DISTRICT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVING CLAUSE. WHEREAS, the Planning and Zoning Board has recommended adding "Com- mercial recreation facilities, within an enclosed mall, excluding billiard and pool facilities", as a conditional use; and, WHEREAS, the City Administration concurs in said recommendation; and, WHEREAS, the City Council of the City of Delray Beach, Florida, has determined that such changes should be made, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Sec. 29-6.1 (C) of the Code of Ordinances of the City of Delray Beach, as amended, be further amended by adding the following. - (43) ~'~'~=~ ~'~'~ ~'~-~ wit~.~n -~ enclosed ~ excluding billiard and pool facilities. Section 2. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 3. That any person, firm or corporation violating any of the provisions of Section 1 above, shall upon conviction, be punished as provided in Section 1-6 of the Code of Ordinances of the City of Delray Beach. 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. PASSED AND ADOPTED in regular session on second and final reading on this the~day of April .. , 1975. ATTEST: r ~/ City clerk First Reading March 12, 1975 Second Reading April 14. 197.~ 70F ORDINANCE NO . 6- 75 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, AS AMENDED, BY ADDING "RESTAURANTS" AS A PERMITTED USE IN THE MEDIUM INDUSTRIAL ZONING DISTRICT; REPEALING ALL ORDII~ANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A PENALTY - CLAUSE; PROVIDING A SAVING CI2%USE. WHEREAS, the Planning and Zoning Board has recommended adding "Restaurants", as a permitted use; and, WHEREAS, the City Administration concurs in said recommendation; and, WHEREAS, the City Council of the City of Delray Beach, Florida, has determined that such changes should be made, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Sec. 29-7.2 (B) of the Code of Ordinances of the City of Delray Beach, as amended, be further amended by adding the following: (10) Restaurants. Section 2. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 3. That any person, firm or corporation violating any of the provisions of Section 1 above, shall upon conviction, be punished as provided in Section 1-6 of the Code of Ordinances of the City of Delray Beach. 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. PASSED AND ADOPTED in regular session on second and final reading on this the 14th day of April , 1975. ATTE ST: 70C ORDINANCE NO. 7~75. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING" OF THE CITY'S CODE OF ORDINANCES BY AMENDING SUBSECTION 29-3 (E) (2) FENCES; ALSO BY AMENDING SUBSECTION 29-3 BY ADDING WALLS AND FENCES; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVING CLAUSE. WHEREAS, the Planning and Zoning Board has recommended adding re- quirements for Walls and Fences to the General Provisions and Exceptions of Chapter 29 "Zoning" and providing for the regulations pertaining to such uses; and, WHEREAS, the' City Administration concurs in said recommendation; and, WHEREAS, the City Council of the City of Delray Beach, Florida, has determined that such changes should be made, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Sec. 29-3 (E) (2) of the Code of Ordinances of the City, as amended, be further amended, as follows: (2) Fences, not to exceed six (6) feet in height, unless allowed to be constructed higher by specific zoning district provisions. Two C2) feet of barbed wire. howe,.er, may be placed atop any six (6) ~ ..... ~~ ~ .... when ~ .... ~ in a commercial or industrial zoning district. Section 2. That Sec. 29-3 of the Code of Ordinances of the City, as amended, be further amended, by adding the following paragraph: (Q) Walls and Fences. (1)Requirements for Residential Zoning Districts. Walls, fences, hedges, or similar structures shall: (a) Not be maintained at any corner street inter- section at elevations the City Engineer determines will obstruct visibility. In no case shall a wall, fence,, hedge, or similar structure be erected, placed, planted, or allowed to grow in such a manner as to obstruct vision. (b) Not exceed six (6) feet in height above the esta- blished lot grade, when erected in the front, side, or rear setbacks. (c) Not contain any substance such as barbs, broken glass, nails, or spikes. No electrically charged fence shall be erected in this zoning district. (2) Requi.reme~ts for commercial and Industrial Zoning Districts. " Walls, fences, hedges, or similar structures shall: (a) Not be maintained at any corner street inter- section at elevations the City Engineer determines will obstruct visibility. In no case shall a wall, fence, hedge, or similar structure be erected, placed, planted, or allowed to grow in such a manner as to obstruct vision. 70H (b) Not contain any substances such as broken glass, nails, or spikes. No electrically charged fence shall be erected in this zoning district. (c) Have all areas devoted to the sterage of equip- ment and supplies adequately screened with landscaping pursuant to the criteria stated in Chapter !5C of this Code. Storage areas shall further be enclosed by a · wall or fence at least six (6) feet in height. No outdoor storage of equipment or supplies shall exceed the height of the enclosing wall, fence, or building, ~ whichever provides the best visual obstruction from a public right-of-way. section 3. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 4. That any person, firm or corporation violating any of the provisions of Section 1 above, shall upon conviction, be punished as provided in Section 1-6 of the Code of Ordinances of the City of Delray Beach. Section 5. 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. PASSED AND ADOPTED in regular session on second and final reading on this the 14th day of April , 1975.  M'A Y 0 }%" ~/ ATTEST: / City Clerk First Reading Ma~h %2, 1975 Second Reading .~_pril 14,. 1975 -2- Ord. No. 7-75. 70I ORDINANCE NO. 8-75. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING" OF THE CITY'S CODE OF ORDINANCES BY AMENDING SUBSECTION 29-7 (E) PERTAINING TO MINIMUM BUILDING SETBACKS IN THE C-1 LIMITED COMMERCIAL ZONING DISTRICT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT t~REWITH; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVING CLAUSE. WHEREAS, the Planning and Zoning Board has recommended amending Minimum Building Setbacks in the C-1 (Limited Commercial) Zoning District; and, WHEREAS, the City Administration concurs in said recommendation; and, WHEREAS, the City Council of the City of Delray Beach, Florida, has determined that such changes should be made, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Sec. 29-7 (E) of the Code of Ordinances of the City, as amended, be further amended, as follows: (E) Minimum Building Setbacks (1) Front 10 ft. (a) Any property facing on U.S. #1 extending from N.E. 8th Street, north to Gulfstream Boulevard, shall provide a front building setback of not less ~.h. an thirty (.30) feet, of which the first ten (10) feet abutting the street right-of-way shall be used as a landscaped area. Within this landscaped area, no paving shall be permitted exceDt for driveways and walkways leading to a structure on the premises. Such driveways and walkways shall be permitted only when generally perpendicular to the property line. (2) Side (interior) 0 (a)-' When no dedicated access is available to the rear o..f any structure, one (1) side setback of not less than ten (10) feet shall be provided. (3) Side (street). 10 ft. (4) Rear 10 ft. Section 2. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 3. That any person, firm or corporation violating any of the provisions of Section 1 above, shall upon conviction, be punished as provided in Section 1-6 of the Code of Ordinances o= the City of Delray Beach. Section 5. 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 70J ' ' affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. PASSED AND ADOPTED in regular session on second and final reading on this the 14th day of April , 1975. ATTEST: City Clerk First Reading March 12, 1975 Second Reading April 14, 1975 -2- Ord. No. 8-75.