Loading...
05-27-75 MAY 27, 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., Tuesday, May 27, 1975, with Mayor James H. Sckeifley 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 Mr. John Souden. 2. The Pledge of Allegiance to the Flag of the United States of America was given. 3. The minutes of the regular meeting of May 12, 1975, were ~nanimously approved on motion by Mrs. ¥~ivos and seconded by Mr. Gent. Mr. Saberson requested the following correction: Item 4.e. should state that Mr. Katz is the attorney for the homeowners at Imperial Villas. 4.a. The City Attorney reported on Friday, May 23, 1975, the House Commerce Committee voted not to repeal the local option (PERC) and it was a surprise move the Unions apparently did not expect. It is now being called up for a vote late this afternoon. Mr. Saberson reported further there may be a more favorable vote this afternoon; the vote on Friday was 8 to 7 against repealing the local option. 4.b. Mr. Gent reported the South Central Regional Wastewater Treat- ment and Disposal Board had requested, by motion, that the City of Delray Beach come back with a proposal on selling the approximately 34 acres of land owned by the City in the Northwest quarter of Section 8, Township 46 South, Range 43 East, or an alternate proposal within 30 days. Mr. Gent asked the City Manager to place this item on the next agenda and that the City Council members consider one of the fo!!owin? three options{ ! - sell the !an~ ~t tb~ ~.z~ ~h~ C~y p~ for it; 2 - sell it at a value plus what the City feels would be an increased value at this time; or 3 - hire an appraiser to appraise the land and sell it at that value. 4.c. 5~s. Krivos reported Mr. W. G. Case, 25 N.E. 8th Street, Delray Beach, had asked the status of his petition that was presented at City Hall to the receptionist at the end of April to be given to ~s. Krivos concerning the routing of trucks off of N.E. 8th Street back to 4th Street. She stated she had never received the petition. 4.d. Mrs.' Krivos stated the Code of Ordinances does not allow signs with flashing lights in Delray Beach. She reported there is a Very bright flashing light in front of Taylor Rental Center at 2219 N.E. 2nd Avenue. The City Manager reported this would be checked. 4.e. Mayor Scheifley reported the City had put up posts and a chain to keep the traffic out of the rock pit with signs stating No 'Admittance. He reported the signs had been used for target practice and the chain is down. He suggested placing posts every two feet to keep traffic out. 5.a. Mrs. John Souden, 1313 S.W. 20.th Terrace, Delray Beach, spoke on behalf of the American Association of Retired People and .invited Mayor Scheifley and members of the Council to their next meet- ing, June 23, 1975, at 1:30 P.M. The AARP will receive their charter at this meeting. The meeting will be at the Adult Recreation Center. 6.a. The City Manager reported Mr. LeRoy W. Merritt requested rezoning of property located at 135 S.E. 1st Avenne, being the South 58' of Lot 6, Block 78. The rezoning request is from RM-15 to C-1 Commercial. It is recommended that the request be referred to the Planning and Zoning Board for recommendation. Mrs. Krivos so moved, seconded by Mr. Randolph, said motion passing unanimously. The City Manager stated he would check with Mrs. Krivos concerning this area and the information would be given to the Planning and Zoning Board for review. 6.b. Mr. Sanson requested that Council consider the amount of money being spent with the firm of Alley, Alley and Blue. He cited the records during the period from August, 1974, through March, 1975, which show the City having spent $33,677.82. Mr. Sanson stated since a labor problem will probably continue to exist, he felt Council should consider a permanent solution. He pointed out if this rate continues~ the City could afford several city attorneys and suggested thought be given to hiring an assistant city attorney who would do nothing but labor work under the jurisdiction of Mr. Saberson. Mr. Sanson stated Mr. Saberson had expressed the thought that if an attorney did nothing but labor work, he would become very knowledgeable about labor laws within a very short time. ~. Sanson suggested a limit be placed on the amount of money to be spent with Alley, Alley and Blue, and if they wish to pursue a subject, the City Council would have to be contacted. Mr..Sanson reported out of the money paid to the firm so far, approxi- mately $6,500 has been spent on Mr. Clemens' case and $6,000 on Mr. Papy's case; supposedly, Mr. Papy's case is not being handled by the firm, but they continue to bill the City. Mr. Sanson moved that Council instruct' the City Attorney to notify the firm of Alley, Alley and Blue that the City no longer needs their services in regard to the two cases mentioned above, and that he seek other firms to handle the proceedings against these two men. At the request of Mayor Scheifley, Mr. Sanson withdrew the motion to allow discussion. The City Attorney reported the hearing on the~Clemens' case is taking place tomorrow with Mr. Blue representing the City. He pointed out these suits were brought against the City and the City is defending them. After discussion, Mr. Sanson moved that the City Attorney be instructed to inform Alley, Alley and Blue that their services will no longer be needed in the Clemens and Papy cases, effective after the Clemens' hearing tomorrow, and that the City Attorney. find other, more reasonably priced, legal services to pursue these cases, seconded by Mrs~ Krivos. The City Attorney reported the Alley firm is not handling the Papy case, but rather it is being handled by Mr. Montgomery in West Palm Beach. It was pointed out Mr. Montgomery is billing the City directly for his services at the rate of · . . ~n~, s request ~ s75.00 per hour.. ~ Randolph requested ~h~t ~;~- ....... ' checked out in detail by the City Attorney since he did not feel pre- pared to vote on such a motion at this time. Mr. Sanson reminded Council that he had specifically asked Mr. Alley whether.or not the City needed the firm's services to fight these cases to which Mr. Alley replied in the negative. Upon roll call, Council voted as follows: Mr. Gent - No; Mrs. Krivos - Yes; Mr. Randolph - No; Mr. Sanson - Yes; Mayor Scheifley - No. The motion failed with a 3 to 2 vote. 6.c. The City Manager presented an Audit Agreement with Himes and Himes, the City's auditors, which includes a request from the firm for an increase in rate of pay from $16,400 for the last two years to $35,500 for the following two years. This was discussed at the last workshop meeting at which time Council members were given information on rates being paid in nearby cities for similar service. Council informally agreed at that time to favorably consider approval of the contract for the two year perioa. Mr. Gent moved that Council approve the Audit Agreement dated April 23, 1975, between Himes and Himes, CPA, and the City of Delray Beach, Florida, for the years 1975 and 1976, seconded by Mr. Randolph. Mr. Sanson stated he would oppose the motion since he felt 110% increase was too much. Discussion followed with the vote of Council as follows: Mr. Gent - Yes; Mrs. ICrivos - Yes; Mr. Randolph - Yes; Mr. Sanson - No; Mayor Scheifley - Yes. The motion passed with a 4 to 1 vote. 6.d. The City Attorney requested that this item be tabled for this meeting since there are some technical problems with the CATV Franchise A~reement cancellation between Teleprompter and the City. Mr. Randolph so moved, seconded by Mr. Gent, said motion passing unanimously. 6.e~ · The City Manager reported the following bids were received ~-~-construction of a new section of the cemetery - Pine Ridge, Unit "B": -2- 5-27-75. Bidder Bid ~on's Trucking, Inc. $18,616.65 Boynton Beach Carr Soils & Sod Company 22,026~00 Delray Beach Hardrives of Delray 22,744.50 Delray Beach Ja~es A. Porter Company 36,700.00 Lighthouse Point It is recommended that the low bid submitted by Don's Truck- ing, Inc. in the amount of $18,616.65 be accepted, with funding to come from the Federal Revenue Sharing Funds which have been allocated for this purpose. Mrs. Krivos moved that the bid be awarded to Don's Trucking, Inc. in the amount of $18,616.65 for the construction of the new section of the cemetery, Pine Ridge, Unit B, with funds to come from the Federal Revenue Sharing Funds which have been allocated'for this purpose, seconded by ~. Sanson, said motion passing unanimously. 6.f. The City-Manager recommended that Council approve modifica~ tion of the City's Manpower Program (Palm Beach County's Comprehensive Employment and Training Act, Public Service Employment Program) which would reflect an adjustment of allocation of funds for the City's program from $163,967 to $139,974 as requested by the County. The City concurs that this amount would be ample to carry the program until the end of the current fiscal year. A Council motion authorizing an amendment to the City-County contract is recommended. I~r. Sanson moved that Council approve the modification of the City's Manpower Pro- gram Employment and Training Act as requested.by the County, seconded by Mr. Gent. The City ~anager reported the program ends on June 20th, during the following fiscal year, but final word has not been received as yet. If the Federal Government does not refund the program, 50% of the employees would be retained by the City. The motion passed unanimously. 7.a. The City Manager recommended this item be returned 'to for discussion after disposal of Item 8.d. 7.b. The City Manager reported Council informally decided at the May 14th workshop meeting to allocate $2,500 to the Bi-Centennial Committee with funds to come from the Contingency Account of the General Fund. Mayor Scheifley reported the City of Delray Beach has been 'certified as an official Bi-Centennial City. Mr..Gent moved that Council allocate $2,500 from the Contingency Account of the General' Fund for the Bi-Centennial Committee, seconded by Mr. Randolph, said motion passing unanimously. '8.a. The City Manager presented Resolution No. 29-75. A RESOLUTION FIXING THE PROVISIONS OF THE ISSUANCE OF $600,000 CITY OF DELRAY BEACH, FLORIDA, STREETS AND SIDEWALKS GENERAL OBLIGATION BONDS; NAMING PAYING AGENTS; AND AUTHORIZING THE SALE OF SUCH BONDS. (Copy of Resolution No. 29-75 is attached to the official copy of these minutes.) This resolution sets out the provisions for the issuance of the $600,000 Streets and Sidewalks General Obligation Bonds. Mr. San- son moved for the adoption of Resolution No. 29-75, s~conded 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. -3- 5-27-75. ~..b. The City Manager presented Resolution No. 30-75. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELPJtY BEACH, FLORIDA, REQUESTING THE PALM BEACH COUNTY SCHOOL BOARD TO C~NGE THE N.~4E OF BOCA RATON MIDDLE SCHOOL AND BOCA RATON SENIOR HIG[{ SCHOOL TO REFLECT TIIE FACT TilAT THESE SCHOOLS ARE ATTENDED NOT ONLY BY STUDENTS FROM BOCA RATOI;, BUT ALSO OTHER AREAS IN PALM BEACH COUNTY AND ARE, IN EFFECT, REGIONAL SCHOOLS. (C6py of Resolution N°. 30-75 is attached to the official copy of these minutes.) The City Attorney explained a minor change in the resolution. Mr. Randolph moved for the passage of Resolution No. ~30-75, seconded by Mr. Sanson. Mr. Gent stated he felt Council was going beyond their jurisdiction and the matter should be handled by the parents, teachers, and students involved in the school. Mrs. Krivos agreed with Mr. Gent. Upon roll call, Council voted as follows: Mr. Gent - No; Mrs. Krivos - No; Mr. Randolph - Yes; ~. Sanson - Yes; Mayor Scheifley - Yes. The motiQn passed with a 3 to 2 vote. 8.c. Mayor Scheifley~presented.and read Resolution No. 31-75. A RESOLUTION OF THE CITY COUNCIL OF'THE CITM OF DELRAY BEACH ~OMMENDING. THE ATLANTIC HIGH SCHOOL BASEBALL TEAM KNOWN AS THE "EAGLES" FOR ITS ' CONTRIBUTION TO THE COMMUNITY. (Copy of Resolution No. 31-75 is attached to the official copy of these minutes.) Mr. Gent moved for the passage of Resg!ution No. 31-75, by .Up '~ fol~o%~s~ 5~. Gent - Yes; Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. The Resolution was presented to Coach Rader, I. Earl Hawk and representatives of the ball team. Mr. I. Earl HaWk, Principal of Atlantic High School, thanked Council and the community for their support of the team. 8.d. The City Manager presented Ordinance No. 13-75. 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 AMENDING SUBSECTION 29-7.4 (F) REGARDING EXTENSION OR RENEWAL OF CONDITIONAL USE APPROVALS BY CITY COUNCIL. (Copy of Ordinance No. 13-75 is attached to the official c~py of these minutes.) This ordinance provides a means for extending site plan approvals and renewing site plans. The City Manager read the caption. 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. Mrs. 'KriVos moved for the adoption of Ordinance No. 13-75 on second and final reading, seconded by Mr. Gent. Upon roll call, Council voted as follows: Mr. Gent - Yes; 5~s. Krivos - Yes;~Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. (7.a.) The City Manager reported the developers of Sabal Pine South have requested that Council extend approval of the site plan. He pointed out the developers for this development have invested in a considerable 5-27-75. · numJ~er of improvements and they have given three reasons for an exten- sion in their request: 1 - they have paved 22nd Avenue with 80' right- of-ways; 2 - all of the sewer pressure lines and lift stations are installed; and 3 - all of the water mains and fire hydrants have been installed. They are requesting an extension for one year from June 6, 1975. Mr. Odas Tanner, Deerfield Beach, explained his reasons for the requested delay. Mrs. Krivos moved that the site plan for Sabal Pine South be extended one year from June 6, 1975, seconded by M~. Randolph, said motion passing unanimously. 8.e. The°City Manager presented Ordinance No. 15-75. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF -DELRAY BEACH, FLORIDA, REZONING AND PLACING LOTS 679 THROUGH 700, INCLUSIVE, TROPIC PALMS SUBDIVISION, PLAT NO. 2, IN "RM-6 MULTIPLE 2A/~ILY DWELLING DISTRICT"; LOTS 637 THROUGH 678, INCLUSIVE, AND LOTS 701 THROUGH 811, INCLUSIVE, TROPIC PALMS SUBDIVISION, PLAT NO. 2, IN "R~-iAA SINGL.E FAMILY D?tELLING DISTRICT", AN AREA LOCATED IN SECTION 29, TOWNSHIP 46 SOUTH, RANGE 43 EAST, SOUTH OF AUDUBON BOULEVARD, WEST OF HUNGERFORD CANAL, NORTH OF THE LAKE WORTH DRAINAGE DISTRICT C-15 CANAL, AND EAST OF THE SEABOARD COAST LINE RAILROAD AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1972" . '(Copy of Ordinance No. 15-75 is attached to the official copy of these minutes.) The. City Manager read the caption of the ordinance. A Public Hearing was held, having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach. There being no objections, the Public Hearing was closed. Mr Gent moved~ for ~uup tion '-= second and final reading, seconded by Mr. Sanson. Upon roll call, Council voted as follows: Mr: Gent - Yes; Mrs. Krivos - No; Mr. Ran- dolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. The motion passed with a 4 to 1 vote. 8.f. The City Manager presented Ordinance No. 16-75. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING ALL OF TROPIC GARDENS, REPLAT OF TRACTS "A" AND "N", AND LOTS B THROUGH H AND LOTS J THROUGH M, TROPIC PALMS PLAT NO. 1, AN AREA LOCATED IN SECTION 29, TOWNSHIP 46 SOUTH, RANGE 43 EAST, LYING EAST OF OLD DIXIE HIGHWAY, WEST OF U.S. 1, SOUTH OF AVENUE L .AND NORTH OF THE C-15 CANAL IN "RM-15 MULTIPLE FAMILY DWELLING DISTRICT" AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1972". (Copy of Ordinance No. 16-75 is attached to the official copy of these minutes. ) The City Manager read the caption of the ordinance. A Public Hearing was held, having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach. There being no 6bjections, the Public Hearing was closed. Mr. Randolph moved for the adoption of Ordinance No. 16-75 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.g. The City Manager presented Ordinance No. 17-75. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING AN -5- 5-27-75. AREA LOCATED IN SECTIONS 28, 32 AND 33, TOWNSHIP 46 SOUTH, RANGE 43 EASTs AN IRREGULARLY-Si~PED PARCEL OF LAND LOCATED NORTH OF THE C-15 CANAL, WEST OF THE INTPd~COASTAL WATERWAY, SOUTH OF AVENUE L, AND EAST OF U.S. 1 IN "RM-15 MULTIPLE F~ILY DWELLING DISTRICT" AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1972". (Copy of Ordinance No. 17-75 is ~ attached to the official cOpy of these minutes.) The City Manager read the captio~ of the ordinance. A Public Hearing was held, having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach. There being no objections, the Public Hearing was closed. Mr. Sanson moved for the passage of Ordinance No. 17-75 on second and final reading, seconded by 5~s. Krivos. 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. 18-75. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING BLOCK 95 (LI~N'S ADDITION TO OSCEOLA PARK); LOTS 15 THROUGH 24, BLOCK 87 (LINN'S ADDITION ~TO OSCEOLA PARK); AND LOTS 13 THROUGH'24, BLOCK 103 (ROEBUCK'S RESUBDIVISION OF BLOCK 103), AN AREA LOCATED IN SECTION 16, TO?~SHIP 46 SOUTH, RANGE 43 EAST, LYING SOUTH OF SE 2ND STREET, WEST OF SE 5TH AVENUE, NORTH OF SE 3RD STREET, AND EAST OF SE 2ND AVENUE IN "~,~-15 MULTIPLE FAMILY DWELLING DISTRICT" AND AMENDING "ZONING ~.~P DF DELRAY BEACH, FLORIDA, 1972"'. (Copy of Ordinance No. 18-75 is attached to the official copy of these minutes.) The City Manager read the caption of the ordinance. A Public Healing 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 adoption of Ordinance No. 18-75 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. 19-75. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING BLOCK 54 (HEISLEY ESTATES); BLOCK 62, BLOCK 70 (SUNDY & CROMER'S ~END~D PLAT); BLOCK 71; LOTS 1 THROUGH 8, BLOCK 78; ~D LOTS 3 THROUGH 14, BLOCK 79, AN AREA LOCATED IN SECTIONS 16 & 17, TOWNSHIP 46 SOUTH, RANGE 43 EAST, LYING SOUTH OF SW 1ST STREET, EAST OF SW 2ND AVENUE, NORTH OF SW 3RD STREET AND WEST OF SE 2ND AVENUE IN "RM-15 MULTIPLE FAMILY DWELLING DISTRICT" AND A~NDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1972" (Copy.of Ordinance No. 19-75 is attached to the official copy of these minutes.) The City Manager read the caption of the ordinance. A Public Hearing was held, having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach. There being no objections, the Public Hearing was closed. -6- 5-27-75. Mr. Sanson moved for the adoption of Ordinance No. 19-75 on second and final reading, seconded by ~. Randolph. Upon roll call, Council voted as follows: Mr. Cent - Yes; Mrs. Krivos - Yes; Mr. Randoiph- Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. Mr. Sanson stated the passage of these ordinances pertaining to rezoning have the effect of reducing the nun~er of dwelling units in Delray Beach by 1,147 and reducing the number of people by 3,347. 8.j. The City Manager presented Ordinance No. 22-75. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING CHAPTER 14A OF THE -CODE OF ORDINANCES, "GARBAGE, TRASH AND WEEDS", AND ENACTING A NEW CHAPTER 14A, "GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF~DELRAY BEACH; DEFINING THE TERMS AS USED HEREIN; ESTABLISHING AND IMPOSING CHARGES AND FEES FOR THE GARBAGE AND TRASH COLLECTION; DECLARING CERTAIN ACTS OR PRACTICES RELATIVE TO THE ACCUMULATION, DEPOSIT, STORAGE, AND HANDLING OF GARBAGE~AND TRASH TO BE UNLAWFUL AND A VIOLATION OF THIS ORDINANCE; PRESCRIBING TYPES OF CONTAINERS; PRE- SCRIBING PENALTIES FOR THE VIOLATION OF THE PROVISIONS OF THIS ORDINANCE~ REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND FOR OTHER PURPOSES. This ordinance provides for an increase in the residential rates of $.50 per month and an increase in the commercial rate from $.65 per cubic yard to $1.50 per cubic yard. The City Manager read the caption of the ordinance. Mr. Gent moved for the passage of Ordinance No. 22-75 on first reading, seconded by Mr. Randolph. Dis- cussion followed concerning the time element involved in placing trash such as refrigerators, e~c. no more than 24 hours prior to pick-up. Mrs. Nettie Durante, ~,50 ~once de Leon~.~-- , ..... - ~ ...... , ~ ..... that the City notify the senior citizens that the City's employees might help in a case where help was required. Tke City Manager stated this was impractical. Mr. Randolph suggested a referral.service be started to help the senior citizens. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley- Yes. 8.kl The City Manager presented Emergency Ordinance No. 23-75. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, 'FLORIDA, AMENDING SECTIONS 14-9, 14-10 AND 14-11 OF CHAPTER 14 "FIRE DEPARTMENT, FIRE PREVENTION AND FIRE REGULATIONS" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH PERTAINING TO THE DESIGNATION OF FIRE DISTRICTS I, II AND III BY DELETING THE WORD "DISTRICTS" AND SUBSTITUTING THEREFOR "ZONES"; REPEALING ALL ORDI- NANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. It was informally decided at the Council workshop meeting held on May 14th that an ordinance would be drafted for passage con- sideration at the May 27th meeting eliminating Fire Districts II and III,-which would alleviate the immediate problem, and that during the next three months, the ordinance would be 'studied and modified so as to provide a permanent Solution to the dilemma in which the City re- cently found itself with regard to not being able to issue construction p~£mits for frame buildings in these fire districts. It has been deter- mined by the Building Inspection and Fire Departments since the workshop meeting that passage of recommended Emergency Ordinance No. 23-75 changing, the designation from Fire Districts to Fire Zones will sufficiently resolve the problem and that additional ordinance modifi- cations will not be needed. Mr. Sanson moved for the passage of Emer- gency Ordinance No. 23-75, seconded by Mr. Randolph. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Ran- dolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. -7- 5-27-75. 9.a. The City Manager reported the Planning and Zoning Board at a meeting held on May 20th, reco~nended by unanimous vote that a tract of land located at the S.W. corner of Dixie Boulevard and South Swinton Avenue be changed, from R-lA (Single Family) Dwelling to MI (Medium Industrial) District. A sketch was shown depicting the location of the property. Mrs. Krivos moved to sustain the recommendation of the Planning and Zoning Board to change the zoning of a tract of land located at the S.W. corner of Dixie Boulevard and South Swinton Avenue, being Lots 1 through 10, Block 4, Southridge Subdivision, 1200 S. Swinton Avenue, from R-lA (Single Family) to MI (Medium Industrial), seconded by Mr. Randolph, said motion passing unanimously. 9.b. The City Manager reported Council, at its Kay 12th meeting, authOrized codification of Chapter 29 "Zoning COde". The Planning'and' Zoning Board recommended by unanimous vote that the codification of the City's zoning code be delayed because of the following: 1 - a number of major amendments are now in progress; 2 - the City's "701" planning consultants in their review and revision of the code~to make it meet the Comprehensive Planning Act requirements will likely suggest changes to the code; and 3 - The Planning Director is now rewriting and has already rewritten much of the entire code Mr Gent asked when the Candeub Fleissig & Associates report would be completed. The City Manager replied he did not know when the report would be presented. Mr. Gent moVed that City Council delaY the request for codification ~f Chapter 29 "Zoning" for on-or-before 120 days from tonigkt, seconded by Mrs. Krivos, said motion passing unanimously. 9.c. The City Manager reported CouhCil, at its regUlar meeting on April 28th, was requested to withdraw its letter of opposition to the application of Dr. and Mrs. Caldwell to the County to rezone pro- perty located in the County on the north side of Atlantic Avenue approxi- mately one mile east of Military Trail to a commercial zoning classifi- cation. Council referred the matter to the Planning and Zoning Board for study and ~ecommenda~ion. The Planning and Zoning Board at a meet- ing held on' May 6t~· too~ the ~ol£ow~ng tnr~e actions on this matter: 1. After considerable discussion, Mr. Jacobson moved that the Board restudy the area north of Atlantic Avenue with the thought of amending the Master Land Use Plan. The motion passed by a vote of 4 to 1 (Col. Poole dissenting). 2. Mr. Jacobson then moved to recommend to City Council to withdraw the letter of opposition because of the restudy. The motion failed by a vote of 4 to 2 ~Messrs. Pompey and Jacobson voted in favor). 3. Col. Poole then moved to inform the City Council, after ~eview of the existing Land Use Plan and the existing uses in the area and the need, that if it is conflicting, then the letter of opposition should be withdrawn. The motion failed by a vote of 3 ~to 3. This item was on the May 12th Council Agenda, but action on i~ at that meeting was deferred to a future meeting at the request of the applicant. The City Manager stated the Caldwells have executed the agreement to annex when possible, and have requested city water service. The City Attorney has researched the subject and the property is now eligible for annexation since the property on the south side of Atlantic ' Avenue is presently in the City. The City Attorney stated this evalua- tion was ba. sed on the opinions of two attorney generals, one issued in 1972 and one in 1974; the property to be annexed in one case was separa- ted'by a road right-of-way and the other case the'p~operty was separated by a road right-of-way and a canal right-of-way, provided the city Property line runs parallel to the property to be annexed. Mayor Scheifley stated the only question before Council was ~hether or not to withdraw the letter of opposition to this petition that was sent to the County Planning and Zoning Board and the County Commission. It was ascertained that if Council withdraws their letter of objection, the County Commission might consider approval of the petition. -8- 5-27-75. Mrs. Edward Brickley, 1047 Circle Terrace East, High Point, spoke in favor of the restaurant. Mrs. Brickley stated the residents who had signed the petition in favor of the restaurant were fully aware of any implications further development would involve in the area. Mrs. Caldwell stated a great deal of money was going into the project which should insure a desirable establishment. Mr. Gent stated in 1972 the Council had rezoned a small piece of property on the corner of South Swinton Avenue and 10th Street tO serve nothing but economic gain to the owner. He further stated no discussion was given to whether or not strip commercial would develop; he said the present petition requested a facility to serve many people and he was in favor of it. Mayor Scheifley asked Mr. Frank Carey how he would have voted on the motion if he had been present at the Planning and Zoning Board meeting. Mr. Carey stated he would have opposed it and explained his reasons. The City Attorney stated if the property were annexed, it would come into the City under residential zoning classification which is the closest to County agricultural zoning, and the classification could then be changed from residential to commercial. Mrs. Caldwell stated Messrs. Jacobson, Pompey and Poole voted in favor of the petition. Rev. Semmie Taylor spoke in favor of encouraging some of the pockets in the City to annex and expressed strong support for the establishment of the restaurant. Mr. Jim Smoot stated the applicants would be Willing to annex immediately, but he doubted the Planning and Zoning Board would change their vote to allow the restaurant Mr Smoot pointed out the County regulations are far more restrictive than those in Delray Beach and the applicants prefer to go through the County to obtain permission to build the restaurant. Mr. Gent stated the Master Plan was predicated on goals and objectives set three years ago and if the people living in this area were questioned now, he felt they would request this facil- ity be allowed. He stated the area on Atlantic Avenue in question should be zoned for need for what the people want. Mrs. Krivos, Mr· Sanson and Mr. Randolph indicated a desire to act upon the petition at this meeting and felt the desire of the people should be a strong consideration. Mrs. Krivos moved that the letter of opposition to the app!icatien of Dr. and property located in the County on the north side of Atlantic Avenue approximately one mile east of Military Trail be withdrawn, seconded by Mr. Gent. The motion passed unanimously. 10. The following Bills for Approval were unanimously approved ~h ~'motion by Mr. Gent and seconded by Mr. Randolph. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes, with the exception of Check No. 10239 payable to Alley, Alley and Blue in the amount of $7,811.93; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Schiefley - Yes. General Fund ............ $291,722.07 Water and Sewer Fund ........ 31,300.00 Cigarette Tax Fund ......... 12,328.75 Utility Tax Fund .......... 1'00,000.00 Improvement Trust Fund . . - ..... 12,167.40 Federal Revenue Sharing Fund .... 11,745.00 Mr. Sanson requested the City Attorney to call the firm of Alley, Alley and Blue to inform them that their services are being scheduled for workshop and Council would appreciate their holding up any further services for the City except those that are necessary until it is decided to what extent the City wishes to pursue their services. . ~r. Saberson stated he would get with Mr. Sanson to discuss the matter. 10.b. A'workshop meeting was scheduled for Monday, June 2, 1975, at 7:00 P.M. It was decided to confine the discussion on the Community Appearance Board to Council members only although the public is invited to attend. The Chairman of the Community Appearance Board Study Com- mittee will be invited to answer questions at the meeting. 10.c. The City Attorney reported a suit has been filed against the ~-~y, specifically against Mr. Lou Martin, Director of Public Utilities, and Mr. Roy Reid, Chief Building Official, for the issuance of a water -9- 5-27-75. and sewer permit for the Delray Beach Medical Complex being developed by Mr. Glassman. Mr. Saberson stated this complex is in a franchised area that was granted by the Board of County Commissioners; the City purchased the franchise together with the assets of the Ecological Utilities in the Delray Shores area. The meeting was adjourned at 10:30 P.M. City Clerk APP RO)AE D: ~ ~ '~,/- ..'.. 'M A 'Y 0 R 5-27-75. ]~ 0A RESOLUTION NO. 25-75. A RESOLUTION FIXING T~ PROVISIONS OF THE ISSUANCE OF $600,000 CITY OF DELRAY BEACH, FLORIDA, STREETS AND SIDEWALKS GENERAL OBLIGATION BONDS; NAMING PAYING AGENTS; AND AUTHORIZING THE SALE OF SUCH BONDS. WHEREAS, by resolution adopted by the City Council of the City of Delray Beach, Florida, (hereinafter called "City"), on December 23, 1974, by Resolution No. 86-74, the City authorized the issuance'of $600,000 Streets and Sidewalks General Obligation Bonds (hereinafter called "obliga- tions''), to finance the cost of the construction and acquisition of streets and sidewalks in said City; and, WHEREAS, the obligations have been validated by judgment of the Circuit Court for Palm Beach.County, Florida, .on March 20, 1975; and, WHEREAS, the City deems it in the best interests of the City to sell such obligations at public sale, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, THAT: Section 1. The $600,000 Streets and Sidewalks General Obligation Bonds of the City shall be subject to prior redemption, as hereinafter provided in the Notice of Sale. Section 2. Such obligations shall be offered at public sale on June 4, 1975. Section 3. The publication in the Delray Beach News-Journal, a newspaper of general circulation within Palm Beach County, one time, dated May 22, 1975, which notice directed calling for bids for the purchase of said Bonds is hereby authorized, ratified and confirmed. Such publication, which in accordance with State law, was published more than ten (10) days prior to said sale, and shall be published one time in the Bond Buyer, a financial publication in the City of New York, New York. The notice shall be in substantially the following form: OFFICIAL NOTICE OF SALE $600,000 CITY OF DELRAY BEACH, FLORIDA STREETS AND SIDEWALKS BONDS (General Obligations) Notice is hereby given that the City Council of the City of Delray Beach, Florida, will receive sealed bids, in care of the undersigned City Clerk in the City Council Chambers, City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida, until 12:00 o'clock noon, Eastern Daylight Saving Time, on June 4, 1975 at which time and place all bids will be Publicly opened and read for $600,000 City of Delray Beach, Florida, Streets and Sidewalks General Obligat'~.on Bonds dated February 1, 1975, (hereinafter called the "Bonds"), bearing interest at the rate or rates stated in the successful bid not exceeding seven and one-half percent (7½%) per annum, and maturing, subject to the right of prior redemption as set forth below, on February 1 in the years and amounts as follows: 100B YEAR AMOUNT YEAR A~4OUN T YEAR ~MO UNT 1979 $25,000 i986 $25,600 1992 $25,000 ].980 25,000 ~.~, 25 , 000 1993 25,000 1981 25,000 1988 25,060 1994 25,000 1982 25,000 1989 25,000 1995 50,00Q 1983 .25,000 1990 25,009 1996 50,000 1984 25,000 1991 25,000 1997' 50,000 1985 25,000 1998 50,000 The Bonds maturing in the years 1986 to 1998, inclusive, shall be callable for redemption prior to matuzity, at the option of the City, on February 1, 1985, or on any interest payment date there- after, in inverse numerical order, at the price of par and accrued interest to the date of redemption plus a premium, expressed as a percentage of the par value thereof, of 3% if redeemed on or prior to February 1, 1989; 2% if redeemed thereafter on or prior to February 1, 1994; and 1% if redeemed thereafter prior to maturity. The Bonds will be coupon Bonds in the denomination of $5,000 each, with the privilege of registration as to principal only or as to both principal and interest. Principal and semi-annual interest (February 1 and August 1) will be payable at The Chase Manhattan Bank,'N.A., New York, New York. The Bonds will be general obligations of the City of Delray Beach, Florida, payable from ad valorem taxes levied against all property taxable for such purposes in the City, without limitation as to rate or amount, and the full faith and credit of the City will be pledged to the payment of principal and interest. Each bidder may specify not more than three different interest rates expressed in multiples of one-eighth (1/8) or one-twentieth (1/20) of one per centum (1%) and all Bonds of the same maturity shall bear a single rate of interest. No bid stipulating a ~ifference greater than one and one-half per centum (1½%) between the highest and lowest rates of interest named will be considered. A repeated rate of interest shall not be considered a different rate of interest. Only one coupon will be attached to each Bond for each installment of interest thereon. A bid containing a rate of interest based upon the use of split or supplemental interest coupons will not be considered. The Bonds will be awarded on the basis of the lowest net interest cost to the City and the' comparison of bids to determine such lowest net interest cost will be made by taking the aggregate amount of interest at the rate or 'rates specified in the bids computed from February 1, 1975, to the various stated maturities thereof and subtracting therefrom the amount of any premium bid or adding thereto the amount of any dis- count bid. No bid for less than ninety-eight per centum (98%) of the par value of the Bonds offered for sale plus accrued in- terest will be considered; net interest cost, however, shall not exceed (7%%) seven and one-half per cent. In order to be considered, each bid must be unconditional and must be submitted on the form furnished by the City and must be accompanied by a certified, bank cashier's or bank treasurer's check for $12,000 drawn upon an incorporated bank or trust company, payable to the order of the City of Delray Beach, Florida. The. amount of said check of the successful bidder will be applied on the purchase price. All other checks will be returned immediately upon the award of the Bon~s. No interest will be allowed upon the good faith deposit of the successful bidder. The Bonds have been validated by judgment of the Circuit Court of the Fifteenth Judicial Circuit of the State of Florida, in and for Palm Beach County. The legality of the Bonds will be approved by Messrs. Mudge Rose Guthrie & Alexander, New York, New York, whose opinion as to the legality of the Bonds will be delivered to the purchasers without charge together with a no-litigation certi- ficate in the customary form dated as of the date of the delivery o~f~th__~e_~Bond~s~~ __ ~ ~-~ %00c The Bonds will be delivered to the successful bidder, at the expense of the City, in the City of New York, New York. It is expected that delivery will-be made on or about June 28, 1975, or within thirty days from the date of sale. However, if the Bonds are not delivered within sixty days of the date of sale without fault upon the part of the successful bidder, the suc- cessful bidder may withdraw his bid and receive the return of his good faith deposit, or may accept delivery for an additional thirty days thereafter at his option. The City reserves the right to reject any and all bids and any bid not complying with the provisions hereof will be rejected. Additional information may be obtained from the undersigned. CITY OF DELRAY BEACH, FLORIDA. ELIZABETH ARNAU City Clerk seCtion 4. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED in regular session on the 27th day of May, 1975. ATTEST: City · Clerk -3- Res. No. 29-75. iOOD ~'~ KESOLUTION NO. 30-75. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAiv B~ACH, FLORIDA, REQUESTING T}LE PALM BEACH COUNTY SCHOOl. BOARD TO CHANGE THE NAME OF BOCA RATON MIDDLE SCHOOL AND BOCA RATON SENIOR HIGH SCHOOL TO REFLECT THE FACT THAT THESE SCHOOLS ARE ATTENDED NOT ONLY BY STUDENTS FROM BOCA RATON, BUT ALSO OTHER AREAS IN PALM BEACH COUNTY AND ARE, IN EFFECT, REGIONAL SCHOOLS. WHEREAS, school attendance in Palm Be~ch County in the past was restricted so that children living in a particular con~nunity went only to the schools located in that community; and, WHEREAS, when attendance was so geographically restricted, it was appropriate to name schools to reflect this relationship between the community and the schools located within its borders; and, WHEREAS, Brown vs. Board of Education of Topeka 347 U.S. 483 and other cases decided by the United States Supreme Court have resulted in the busing of school children from one community-to another;, an.d, WHEREAS, Palm Beach County is a unified single school system; and, WHEREAS, the Palm Beach County School Board has instituted busing from one community to another within .Palm Beach County; and, WHEREAS, in view of the changed circumstances regarding school attendance, it is no longer appropriate to retain community names for what ar~.: :in f~.: r~.giona] .~cS~l.~ ~nel.; I WHEREAS, the retention of. said community names for schools has created unnecessary friction between students attending Boca Raton Middle School and Boca Raton Senior High School, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF .THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City of Delray Beach supports the efforts of those parents who, in view of the changed circumstances in school attend- ance, are attempting to have the names of these schools changed to reflect their regional character. Section 2. That the Palm Beach County School Board is hereby re- quested to evaluate the school attendance situation as it now exists and consider the positive effects that will result when the name of the school once again reflects those who actually attend. - Section 3. That the Palm Beach County School Board be requested to change the names of Boca Raton Middle School and Boca Raton Senior High School as a part of this program. Section 4. That copies of this resolution be forwarded to the Palm Beach County School Board. PASSED AND ADOPTED in regular session on this the 27th day of May, 19751 ''~MA~ O~ ATTEST: /~ ~/ City Clerk 100E RESOLUTION NO. 31-75. A RESOLUTION OF TPrH~ CITY COUNCIL OF THE CITY OF DELRAY BEACH COMMENDING THE ATLANTIC HIGH SCHOOL BASEBALL TEAM KNOWN AS THE "EAGLES" FOR ITS CONTRIBUTION TO THE C05~UNITY. WHEREAS, the Atlantic High School Baseball Team, known as the "Eagles" has recently completed its regular 1975 baseball schedule; and WHEREAS, during the years 1974 and 1975, the "Eagles" have won two consecutive Suncoast West Conference Titles; two consecutive District 7AAA Titles, and participated in two Regional playoffs; and WHEREAS, two successful seasons have resulted in the "Eagles" being ranked as one of the eight best Class AAA teams in the State of Florida; and WHEREAS, during this two-year period eight team members were either named to or given honorable mention on All Conference, All Area, and Regional 4AAA Teams; and WHEREAS, two team members have been named to the Palm Beach Post- Times Academic All Area Team for two consecutive years; and WHEREAS, Coach Jay Rader was named "Coach of the Year" in the Suncoast West Conference by his fellow coaches for two consecutive ycars, Post-Times Area Coach of the Year for 1974, and Sun-Sentinel All Area Coach of the Year for 1975; and WHEREAS, the City Council of the City of Delray Beach, Florida, wishes to express its pride and appreciation to the "Eagles" for their outstanding achievements and the honors which they have received under the able guidance of Coach Jay Rader and his staff, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA: That the 1974-75 Atlantic High School Baseball "Eagles" are here- by commended for their enviable records achieved in the Conference, the District, and the State of Florida as a result of their outstanding performances which the City of Delray Beach wishes to single out and recognize as an outstanding contribution to the spirit of this community. PASSED AND ADOPTED in regular session on this 27th day of May, 1975. ATTEST: City J~erk 100F ! I ~ ORDINANCE NO. 13-75. AN ORDINANCE OF T}~ CITY COUNCIL OF ?HE CITY OF DELRAY BEACH, FLORIDA, AMENDING C~PTER 29 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, AS AMENDED, BY A~NDING SUBSECTION 29-7.4 (F) REGARDING EXTENSION OR RENEWAL OF CONDITIONAL USE APPROVALS BY CITY COUNCIL. WHEREAS, the City Council has recommended amending Subsection 29-7.4 (F) of Chapter 29 "Zoning" of the City.'s Code of Ordinances by empowering the City Council to extend or renew Conditional Use approvals; 'and, WHEREAS, the City Administration is in agreement 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. 29-7.4 (F) of the Code of"Ordina~ces of the City of' Delray Beach, as amended, be further.amended by adding the following: (F) In granting any conditional use, the City Council may prescribe appropriate conditions and safeguards in conformity with the standards herein set out in conformity with the zoning, ordi- nance. Violation of such conditions and safeguards when made a p~rt of the ter~s under which the conditional use is granted, shall be deemed a violation of the zening ordinance and punish- able under Section 29-7.10 of the zoning ordinance. In making a grant of conditional use, the City Council may prescribe a time limit within the action for which the conditional use is granted shall be begun or completed, or both. Failure to begin or complete, or both, such action within the time limit shall void the conditional use. Unless otherwise approved ~nde~-~he-~-pa~-~-~h~s-s~B~e~n, all conditiona~ use approvals will expire one year from the date of approval unless a building permit has been issued and construction commenced as defined in the Southern Standard Building Code. City Coun.c%l..~ay extend or renew conditional uses. Section 2. This ordinance shall take effect immediately upon passage PASSED AND ADOPTED in regular session on second and final reading on-this the 27th day of May , 1975. ATTEST: J City -Clerk First Reading A~ril' 28, 1975 second Reading Ma~.. 27, ..1975 100G ORDINANCE NO. 15-75 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LOTS 679 T~tROUGH 700, INCLUSIVE, TROPIC PALMS SUBDIVISION, PLAT NO. 2, IN ."RMV6 MULTIPLE FAMILY DWELLING DISTRICT"; LOTS 637 THROUGH 678, INCLUSI%iE, AND LOTS 701 THROUGH 811, INCLUSIVE,TROPIC PALMS SUBDIVISION, P.LAT NO. 2, IN "R-1AA SINGLE FAMILY DWELLING DISTRICT", AN AREA LOCATED IN SECTION 29, TOWNSHIP 46SOUTH, RANGE 43 EAST, SOUTH OF AUDUBON BOULEVARD, WEST OF HUNGERFORD CANAL, NORTH OF THE LAKE WORTH DRAINAGE DISTRICT C-15 CANAL, AND EAST OF THE SEABOARD COAST LINE RAILROAD AND AMEND- ING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1972". %~EREAS, the Planning and Zoning Board has. recommended rezoning and placing land presently zoned RM-15 Multiple Family Dwelling District in "RM-6 Multiple Family Dwelling District and R-1AA Single Family Dwelling 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 change should be made, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF TF_E CITY OF DELRAY BEACH, FLORIDA, AS~ FOLLOWS: Section 1. That the following described property in the City of DelraY Beach, Florida, is hereby rezoned and placed in the "RM-6 Multiple Family Dwelling District" as defined by Chapter 29 of the Code of Ordi- nances of the City of Delray Beach, to-wit: Lots 679 through 700, inclusive, Tropic Palms Subdivision, Plat No. 2, as recorded in Plat Book 25, Page 136, of the Public Records of Palm Beach County, Florida. Section 2. That the following described property in the City of D~lray Beach, Florida, is hereby rezoned and placed in the "R-1AA Sin. gle Family Dwelling District" as defined by Chapter 29 of the Code of Ordi- nances of the City of Delray Beach, to-wit: Lots 637 through 678, inclusive, and Lots 701 through 811, inclusive, Tropic Palms Subdivision, Plat No. 2, as recorded in Plat Book 25, Page 136, of the Public Records of Palm Beach County, Florida. This property is located South of Audubon Boulevard, West of Hungerford Canal, North of the Lake Worth Drainage-District C-15 Canal and East of the Seaboard Coast Line Railroad, City of Delray Beach, County of Palm Beach, Florida. Section 3. That the Planning Directors of said City shall, upon the effective date of this ordinance, change the Zoning Map of Delray Beach, Florida, to conform with the provisions of Sections i and 2 hereof. PASSED AND ADOPTED in regular session on second and final reading on this the 27th day of__~ May ., 1975. ATTEST: City Clerk Second Reading May 27, 1975 - 2 - Ord. No. 15-75 lOC ! 100J ORDINANCE NO. 16-75 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING ALL OF TROPIC GARDENS, REPLAT OF TRACTS "A" AND "N", AND LOTS B THROUGH H AND LOTS J THROUGH M, TROPIC PALMS PLAT NO. 1, AN AREA LOCATED IN SECTION 29, 'TOWNSHIP 46 SOUTH, RANGE 43 EAST, LYING EAST OF OLD DIXIE HIGHWAY, WEST OF U. S. 1, SOUTH OF AVENUE L AND NORTH OF THE C-15 CANAL IN "~4-15 MULTIPLE FAMILY DWELLING DISTRICT" AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1972." WHEREAS, the Planning and Zoning Board has recommended rezoning and placing land presently zoned RM-20 Multiple Family Dwelling District in "RM-I! Multiple Family Dwelling 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 change should be made, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRA' BEACH, FLORIDA, AS FOLLOWS: Section 1. That the following described property in the City of Delray Beach, Florida, is hereby rezoned and placed in the "RM-15 Multiple Family Dwelling District" as defined by Chapter 29 of the code of Ordinances of the City of De!ray Beach, to-wit: TROPIC GARDENS, Replat of Tracts "A" and "N," Tropic Palms Plat No. 1, and other lands, all in Section 29, Township 46 South, Range 43 East, Delray Beach, as recorded in Plat Book 29, Page 121 of the Public Records of Palm Beach County, Florida, consisting of: Tract A, a portion of Tract N, and a portion of the right-of-way of Del Raton Boulevard lying between Tract A and Tract N of Tropic Palms Plat No. 1, according to the Plat thereof, recorded in Plat Book 25, Page 100 of.the Public Records of Palm Beach County, Florida, more particularly described as follows: Begin at the Northwest corner of said Tract A; thence run S 8o00' 30"W along the Westerly boundary of said Tract A a distance of 12,540 feet to the Southwest corner of Tract A, said corner also being the point of intersection with the Northerly right-of-way line of Lindell Boulevard as recorded in said Tropic Palms Plat No. 1; thence run S 81°59'30"E along the extension of the Northerly right-of- way line of said Lindell Boulevard over and across the right-of-way line of said Del Raton Boulevard for a distance of 187.75 feet to a point of intersection with Northwesterly boundary of said Tract N; thence, continue S J 10,0K 81°59'30"E along the extension of the Northerly right-of-way line of said Lindell Boulevard over and across said Tract N a distance of 24.44 feet to a point of curvature of a curve to the left, having for its elements a radius of 25.00 feet and a central ahgle of 90o01'05"; thence run Northeasterly along the arc of said curve to the left an arc distance of 39.28 feet to a point of tangency with the Easterly boundary of sa{d Tract N, thence run N 7°59'25"E along the Easter- ly boundary of said Tract N a distance of 29.45 feet to the Northeast corner of said Tract N; thence continue N 7°59'25"E along the extension of the Easterly boundary of said Tract N a distance.of 45.95 feet to a point of curvature of a curve to the left having for its elements a radius of 25.00 feet and central angle of 89o58' 55"; thence run Northwesterly along ~the arc of said curve to the left an arc distance of 39.26 feet to a point of tangency with the Easterly extension of the Northerly boundary of said Tract A; thence run N 81°59'30"W along the Easterly extension of said Northerly boundary, a distance of 86.38 feet to a point on the Northerly boundary of said Tract A; thence continue N 81°59'30"W along the Northerly boUndary of said Tract A a distance of 125.79 feet to the POINT OF BEGINNING, containing an area of 0.677 acres, more or less, A~D Lots B through H. and Lots J through ~M, TROPIC PALMS Plat No. 1 as recorded in Plat Book 25, Page 99-102, of the Public Records of Palm Beach County, Florida. This property is located East of Old Dixie Highway, West of U.S. 1, South of Avenue L and North of the C-15 Canal. section 2. That the Planning Director of said City shall, upon the effective date of this ordinance, change the Zoning Map of Delray Beach, Florida, to conform with the provisions of Section 1 hereof. PASSED AND ADOPTED in regular session on second and final reading on this the 27th day of May , 1975. ATTEST: City Clerk First Reading... April. 28o 1975 · Second Reading May .27, 1975 - 2 - Ord. No. 16-75 ~Oon 100M ORDII,;ANCE No. 17-75 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING AN AREA LOCATED IN SECTIONS 28, 32 AND 33, TOWNSHIP 46 SOUTH, RANGE 43 EAST, AN IRREGULARLY-SHAPED PARCEL OF LAND LOCATED NORTH OF THE C-15 CANAL, ~ WEST OF THE INTRACOASTAL WATERWAY, SOUTH OF ! AVENUE L, AND EAST OF U. S. 1 IN "RM-15 MULTIPLE FAMILY DWELLING DISTRICT" AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1972." WHEREAS, the Planning and Zoning Board has recommended rezoning and placing land presently zoned RM-20 Multiple Family Dwelling District in "RM-15 Multiple Family Dwelling 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 changed should be made, NOW,'THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the following described property in the City.of De!ray Beach, Florida, is hereby rezoned and placed in the "RM-15 Multiple Family Dwelling District" as define~d by Chapter 29 of the Code of Ordinances of the ICity of Deiray Beach, ~o-wit: TROPIC ISLE HARBOR SHOPPING CENTER, a tract of land lying and being in Sections 32 and 33, Township 46 South, Range 43 East, Palm Beach County, Florida, as described ~n o!a[- _~ook 25, Page 77 of the Public Records of ~-i~ ~ea~-b C~unty, Florida, and being mere par~icul~rl~ ~=-~ed as follows: Beginnin~ at the zntersection of the north line of said Section 32 with the easterly right-of-way line of State Road No. 5 as shown on plat recorded in State and County Road Plat Book 2, Page 73, Public Records of Palm Beach County, Florida; thence easterly, ~~!onu t~.~ north line of said Section 32, a dist~,c~ ~z 374.28 feet, more or less, to the no~*~%_~=t c~£ner of said Section 32; thence east~%-l>~ e~D ~ne north line of said Section 33, a ~ist~nce of 469.59 feet, thence southerly, making an angle with said section line, measured from west to south, of 90010'35,' a distance of 662.06 feet. to a point in the south line of the north half of the northwest quarter of the northwest quarter of said Section 33; thence westerly, along said south line, a distance of 469.9 feet, more or less, to the southwest corner of the north half of the northwest quarter of the northwest quarter of said Section 33; thence westerly, along the South line of the northeast quarter of the northeast quarter of the northeast quarter of said Section 32,~ a distance of 470.77 feet, more or less, to a point in the easterly right-of-way li~e of said State Road No. 5, as referred to herein, said point being in the~ arc of a curve concave to the east and having a radius of~ 1,00' N 22.996.3 feet; thence northerly, along the arc of said curve, a distance of 26.42 feet to the end of said curve; thence northerly, along the tangent of said curve, and along said easterly right-of-way line of said State Road No. 5, a distance of 643.55 feet, more or less, to the point of beginning, AND That part of the Northeast Quarter of Section 32, Township 46 South, Range 43 East, and the Northwest Quarter of Section 33, Township 46 South, Range 43 Eas~ as described in survey Comm. No. 569, F.B. 23-1, 11-22-68, as follows: PARCEL 1: All that part of the South 200 feet of the North 500 feet of the SE 1/4 of the NE 1/4 of the NE 1/4 of Section 32, Township 46 South, Range 43 East, and all that part of the South 200 feet of the North 500 feet of the W 1/2 of the SW 1/4 of the ArW 1/4 of the NW 1/4 of Section 33, Township 46 South, Range 43 East, lying Nor~ and East of the Northerly right-of-way line of the Central and Southern Florida Flood Control District Canal C-15 Right-of-way through said lands, said right-of-way line being more particularly described as follows: From the Northeast corner of said Section 32, bear S 0°32'47"E along the East line of said Section 3~-, a distance of 962.49 feet to the North line of the said South 200 feet of the North 500 feet of the SE 1/4 of the NE 1/4 of the NE 1/4; thence, S 89° 39'42"W along said North line, a distance of 14.92 feet to the point of beginning of said Northerly right-of-~;ay line; thence run S ~7°~'17"E~. _~ 20.26 feet, more or less, to the point of intersection with the East ].ine of said Section 32; thence continue S 47o55'17"E 275.88 feet, more or less, a point on the South line of the South 200 feet the North 5~:[' '?e, et of the W 1/2 of the SW 1/4 of ~e '"' of sa-:~', Section 33 said p~ A~W 1/4 of the NW z~ bein9 202.99 feet East·oi· uh~ ~ ..... '~' ' the South 200 feet of the North 500 fee-c ..' l~.,e 1/2 of the SW 1/4 of the NW 1/4 of the NW 1/4 said Section 33. PARCEL 2: ~ Dart of the South 200 feet of the No~ 300 feet of th~. ?~ ~/4 of the NE 1/4 of the NE 1/4 Section 32, Township ,-'.~* ~ual-~ ~nqe 43 East, Palm County, Florida, lying East o~ S~.~ ~umber 5 Highway Number 1) and the South 200 feet o','- :~-1':- ~,,._ '~ ~.~0 feet of the West Half of the SW 1/4 of the NW 1/4 o~ AvW 1/4 of Section 33, Township 46 South, Range 43 Eas~. Palm Beach County, Florida, LESS the following descri]~d parcel of land: All that part of the South 200 of the North 300 ~et of the SE 1/4 of the NE 1/4 of the NE 1/4 of Section 32, Township 46 South, Range 43 East, ly. ing Easta. f the East right-of-way line of U.S. Highway Numbem being specifically described as' follows: From t~ Northeast 'corner of said Section 32, bear S 0°3~7'' E, along the East line of said Section 32, a distance of 962.49 feet to the intersection thereof with South line of the said North 300 feet of the SE of the NE 1/4 of the NE 1/4; thence S 89°39'42"W~ Ord. No. ~7-75 ~, ) 100-0~ along the said South line, a distance of 51.97 feet to the point of beginning; thence North 47°55'17"W, a distance of 85.42 feet to the point of curvature of a curve to the left, having a radius of 610 feet, a central angle ~f 28°44'10"; thence, along the arc of said curve, an arc distance of 305.94 feet; thence S 89°39'42"W, a distance of 104.12 feet to the inter- section thereof with the Easterly right-of'way line of U.S. Highway Number 1, and the arc of a curve concave to the Northwest, having a radius of 22,996.30 feet, and a central angle of 0o29'55'', and a long chord bearing of S 8°31'25"W; thence Southwesterly along the arc of said curve and the said Easterly· right-of-'way line, a distance of 200.11 feet; thence, S 79°45'25"E, a distance of 11.64 feet; thence N 89o39'42"E, along the South line of the said North 300 feet of the Southeast 1/4 of the Northeast 1/4 of the Northeast 1/4, a distance of 452.~97 feet to the Point of Beginning. PARCEL 3: That part of the North 100 feet of the South- east 1/4 of the Northeast 1/4 of the Northeast 1/4 of Section 32, Township 46 South, Range 43 East, Palm Beach County, Florida, lying East of State Road ~5 (U.S. 'No. 1), and the North t00 feet of the West 1/2 of the Southwest 1/4 of the Northwest 1/4 of the Northwest 1/4 of Section 33, Township 46 South, Range 43 East, Palm Beach Countv, Florida, LESS existing right-of-way of U.S. Highway iqo. I; LESS the following described parcel of ].and: All that part of the North 100 feet of the Southeast 1/4 of the Northeast 1/4 of the Northeast 1/4 of the Northeast 1/4, lying East of the Easterly right-of- way line of U.S. Highway No. 1, Section 32, Township 46 South, Range 43 East, being more specifically described as follows: From the Northeast corner of said Section 32, bear South 0°32'47"E along the East line of Said Section 32, a distance of 762.49 feet -to the South line of said North 100 feet of the · Southeast 1/4 of the Northeast 1/4 of the Northeast 1/4; thence, S 89°39'42"W along said South line, a distance of 381.50 feet to the point of beginning; thence, continue S 89°39'42"W, a distance of 104.12 feet to a point of intersection, thereof with the Easterly right-of-way line of U.S. Highway No~ 1, said point being on the arc of a curve concave to the Northwest having a radius of 22,996.30 feet, a central angle of 0o03'00'' and a long chord bearing of N8°01' 30"E; thence, Northeasterly along said Easterly right- of-way line, a distance of 20.02 feet to a point; thenc.e S 79°45'25"E, a distance of 70,13 feet to the point of curvature of a curve to the right having a radius of 610.00 feet, and a central angle of 3o05' 58"; thence, Southeasterly along the arc of said, curve, a distance of 33.00 feet to the point of beginning, . . All said land described in foregoing Parcels 1, 2 and 3 situate, lying and being in Palm Beach County, Florida,A~,~D Lots M-1 through M-7, inclusive, Tropic Isle 4th Section, as recorded in Plat Book 25, Page 69-70, of the Public Records of Palm Beach County, Florida, and lying in Section 33, Township , ~ ~ - 3 - . ..'-~, ,-Ord. No. 17-75 100P 46 South, Range 43 East, AND Lots 487 through 489, inclusive, Tropic Isle 4th Section, as recorded in Plat Book 25, Page 69-70, of the Public Records of Palm Beach County, Florida, and lying in Section 28, Township 46 South, Range 43 East, AND TROPIC TOWERS, situated, l~ing and being in the Northwest one- quarter (NW 1/4) of Section 33, Township 46 South, Range 43 East in the City of Delray Beach, County of Palm Beach, State of Florida, and more particularly described as follows: TRACT II: Lots 498 through 533 both inclusive and Lots 535 through 544 both inclusive, TROPIC ISLE 4th Section, ~according 1to the plat thereof recorded in Plat Book 25, Page 7Q of the Public Records of Palm Beach County, Florida, and that portion of Lot 545 of said Tropic Isle 4th Section lying North of the westerly extension of the Southerly boundary of said Lot 544, and Kalanchoe Circle and that part of Kalanchoe Drive lying East of the Northerly extension of the Westerly boUndary of said Lot 545, and Nassau Canal lying SOuth of the arc'of a ~' curve having a radius of 390.00 feet, said curve being the cOntinUation of the northerly boundary of Lots 498 and 51~ of said TRoPI~ ISLE 4th Section, being 16.23 .~ acres, m/l, AND TRACT I: Lot 534, Lots 546 through 552, both inclusive, Lots 555 through 568, both inclusive, a portion of Lots 553 and 554 and a portion of Spanish Circle, Tropic Isle 4th Section, according to the plat thereof recorded in County, Florida, more particularly described as follows: Begin at the Southeast corner of said Lot 546, said point being on the South line of the North One-half (N 1/2) of the Northwest One-Quarter (NW 1/4) of Section 33, Township ~'46 S0u~h, Range 43 East; thence run N 89°51'06"W 413.12 feet, along the south line of said Lots 546, 550, 551 and 552, said line bein'g the South line of the North One-Half (N 1/2) of the Northwest One Quarter (NW 1/4) of said Section 33, to the point of curvature of a curve to the right having a radius of 475.00 feet; thence run Westerly 216.62 feet, over and across said Lots 553 and 554, along the arc of said curve to the right ~&ving a radius of 4.75 feet, through a c'entral angle of 26o07'47'', to the west line of said Lot 554~,'~ S~i~d line being the west line of the East One-half (E 1/2) of the 'Southwest One-Quarter (SW 1/4)- of the Northwest One-Quarter (NW 1/4) of the Northwest One-Quarter (NW 1/4) of said Section 33; thence run N 0° 03'45"E 613.98 feet, along the west line of said Lots 554, 555, 556, 557, 558 and 534, and along the West line of the East One-Half (E 1/2) of the Southwest One-Quarter (SW 1/4) of the Northwest One-Quarter (5~W 1/4)of the Northwest One- Quarter (N-W 1/4) of said Section 33, to the Northwest corner of said Lot 534, said point being the Northwest corner of the East One-qa!f (.~. 1/2) of the Southwest One-Quarter (SW 1/4) of the Northwest One-Quarter (NW 1/4) of the Northwest One-Quarter (NW 1/4) of said Section 33; thence run S 89°51'55"~: 158.37 feet, along the North line of · said Lot 534, and along the North boundary of the South One- Half (S 1/2) of the Northwest One-Quarter (NW 1/4) of the Northwest One-Quarter (NW 1/4) of said Section 33, to Ord. No. 17-75 the Northeast corner of said Lot 534; thence run South 69.76 feet, along the East line of said Lot 534, and along the Southerly extension of the East line of said Lot 534, to the point of intersection with an arc of a curve having a radius of 50.00 feet; thence run South- westerly, Southerly and Southeasterly 104.72 feet, along the arc of said curve to the left having a radius of 50.00 feet, through a central angle of 120o00'00'', and a chord bearing of South, to the point of intersection with the West line of said Lot 561; thence run North 18.30 feet, along the West line of said Lot 561, to the point of curvature of an arc of a curve to the right having a radius of 25.00 feet; thence run Northeasterly 39.27 feet, along the arc of said curve to the right having a radius of 25.00 feet, through a central angle of 90000'00'', to a point of tangency; thence run Easterly 100.48 feet, along the North boundary of said Lots 561 and 560, to-the point of curvature of curvature of an arc of a curve to the left having a radius of 247.00 feet;. thence run Easterly 128.12 feet, along the.boundary of - said Lots 560 and 559, and along the arc of said curve to the left having a radius of 247.00 feet, through a central angle of 29°43'04'', to the point of reverse curvature with an arc of a curve to the right having a radius of 25.00 feet; thence run Easterly 36.19 feet, along the boundary of said Lot 559, and along the arc of said c~rve to the right having a radius of 25.00 feet, through a central angle o~ 82°5~'i4": to the point oS reverse curvature of an arc of a curve to the left having a radius~ of 381.64 ft; thence run Southerly 55.26 feet, along the Easterly boundary of said Lot 559, and along the arc of said curve to the left having a radius of 381.64 feet, through a central angle of 8o17'46", to the point of reverse curvature of an arc of a curve to the r~ght; thence run Southerly 393.37 feet, along the boundary of said Lots 559, 568 over and across Spanish Circle, along the boundary of Lots 548 and 547,-being along the arc of said curve to the right having a radius 500.00 feet, through.a central angle of 45o04'36'' to the point of~ tangency; thence run South 49.97 feet, along the Easterly boundary of said Lot 547, to a point; thence run S 0o08'06'' W 130.53 feet, along the easterly boundary of said Lots 547 and 546 to the POINT OF BEGINNING, said Tract 'I being 7.71 acres, more or less, as recorded in Plat Book 29, Page 9, of the Public Records of Palm Beach County, Florida AND, A parcel in Section 33, Township 46 South, Range 43 East, being a portion of Lots M-8, M-9, 495 and 497, and also a portion of a Waterway, Tropic Isle 4th Section as recorded in Plat Book 25, Page 70, of the Public Records of Palm Beach County, Florida, described as follows: Commencing at center of said Lot M-8; thence S 25°09'11"W a distance of 135.00 feet to point of beginning, thence Northerly along arc of curve concave to East, having a radius of 135.00 feet, a central angle of 129o41'38'' for arc dist 305.58 ft; th. due S a dist 244.40 ft to p.oob. and also Corem at NW corner Lot M-9, th N 87o12'09'' E a - 5 - Ord. No. 17-75 100R d. istance of 117.49 ft to a pt on a curve; th SE'ly alg arc of curve, being curve to the left, having radius 200.00 ft. a C/A of 18°07'39" and whose tangent forms an incl. angle of i14°08'20~' with last desc. course for arc dist of 63.[8 ft to P.T. ~th S 45°03'50"E a dist 18.34 ft to P.O.B. th cont S 45°03'50"E, a dist 195.60 ft to pt of curvature; th S'ly alg arc of sd curve, being a curve to right, having a radius of 25.00 ft. C/A of 79°35'18'' for an arc distance of 34.73 ft to a pt of reverse curvature; th SW'ly alg arc of sd reverse curve, having radius 390.00 ft. a C/A of 10o43'49'' for arc dist 73.04 ft; th S 77o30'00"W a dist 33.95 ft; thence due S a dist 300.00 ft; th S 77030'00" E a dist 33.95 ft; thence SE'ly alg arc of curve to left, whose ~tangent forms an incl angle 126o17'39'' with last desc. course, having radius 390.00 ft C/A of 11o04'45'' for an arc dist 75.41 ft. to a pt. of reverse curvature; the S'!y a!g arc of sd reverse curve, having radius 25.00 ft. C/A 79°35' 18" for arc dist 34.73 ft to a P.T. th S 44o42'54" W a dist 137.88 ft to most N'ly cor of sd LoG 495; th S '45°17' ~06' E, a Dist 21.83 ft; th N 89°59'58"E, a dist 110.0.0 ft to pt on NW'ly bound Lot 497; th N 44o42'54" E a dist 60.49 ft to P.C. th E'ly alg arc of curve to right having radius 25.00 ft. C/A 79°35'18" for arc dist 34.73 ft to a pt of reverse curvature; th SE'Iy alg arc of sd reverse curve, having radius 390.00 ft. C/A 2°11'24'' for arc dist 14.91 ft; th S 22°04'20"W a dist 57.24 ft; th S 89°59 '58" W a dist of 301.06 ft; th N 68°03'07"W a dist 148.81 ft; th .N ]_~o]9'~q"~..'~ ~.~. 16q=Qq F~.? th d~ ~.. ~ d~t 79.1z[ ft.'. th due N a dist 236.75 fL; th N 87°12'0c3'~E a dist 154.06 ft; th Due N, a Dist 74.42 ft; th S 87°12'09"W a dist 50.91 ft. Th N 2°47'51"W a dist 243.20 ft to P.O.B. cont. 3.15 acres more or Less. This property is an irregularly-shaped parcel of land located North of the C-15 Canal, West of the Intracoastal Waterway, South of Avenue L, and East of U.S. 1, in the City of Delray Beach, County of Palm Beach, Florida. Section 2. That the Planning DireCtor of said City shall, upon the effective date of this ordinance, change the Zoning Map of Delray Beach., Florida, to conform with the provisions of Section 1 hereof. PASSED AND ADOPTED in regular session on second and final reading on this the 27th day of May , 1975. ATTEST: - J City Clerk First Reading A~ori.1 2.8, 1.975 Second Reading. May 27, 1975 - 6 - Ord. No. 17-75 100~ ORDINANCE NO. 18-75 AN ORDINANCE OF THE CI~"f COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING A~TD PLACING BLOCK 95 (LINN'S ADDITION TO OSCEOLA PARK); LOTS 15 THROUGH 24, BLOCK 87 (LINN'S ADDITION TO OSCEOLA PARK); A~TD LOTS 13 THROUGH 24, BLOCK 103'(ROEBUCK'S RESUBDIVISION OF BLOCK 103), AN A.r<EA LOCATED IN SECTION 16, TO~NSHIP 46 SOUTH, P~ANGE 43 EAST, LYING SOU~-t OF SE 2ND STREET, WEST OF SE 5TH AVENUE, NORTH OF SE 3RD STREET, AND EAST OF SE 2ND AVENUE IN "PuM-15 MULTIPLE FAMILY DWELLING DISTRICT" AND -AMEN-DING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1972". WHEREAS, the Planning and Zoning Board has recommended rezoning and ~placing land Presently zoned RM-20 Multiple Family Dwelling District in "RM-15 Multiple Family.Dwelling District"; a~d, WHEREAS, the city Administration concurs in said recommendation; and, ?~EREAS, th'~ City Council'of t~e~City of Delray Beach;~Florida, has determined that such change should be made, NOW, ~REFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH., FLORIDA, AS FOLLOWS: Deiray ~each, Florida, is hereby rezoned and placed in the "RM-Z5 ~uitiple Family Dwelling District" as defined by Chapter 29 of the Code of Ordi- nances of the City of Delray Beach, to-wit: All of Block 95, Linn's Addition to Osceola Park, as recorded in Plat Book 1, Page 133, of the Public Records of Palm Beach County, Florida; AND Lots 15 through 24, inclusive, Block 87, Linn's Addition to Osceola Park, as recorded in Plat Book 1, Page 133, of the Public Records of Palm Beach County, Florida; AND Lots 13 through 24, inclusive, Block 103, Roebuck's Resub- division of Block 103, as recorded in Plat Book 2, Page 19, of the Public Records of Palm Beach County, Florida. This property is located South of SE 2nd Street, West of' SE .5th Avenue, North of SE 3rd Street, and East of SE 2nd Avenue, in the city of Delray Beach, Florida, in the County of Palm Beach, Florida. Section 2. That the Planning Directors of said City shall, upon the effective date of this ordinance, change the Zoning Map of Delray Beach, Florida, to conform with the provisions of Section 1 hereof. ~ASSED AND ADOPTED in regular session on second and final reading on this the 27th day of May , 1975. ~//'~. //r' AYORC / ATTEST: - ~City Clerk First Reading April 28, 1975 Second Reading May 27~ 1975 , , , iOOE IOOV ORDINANCE NO. 19-75 AN ORDINANCE OF THE CITY COUNCIL OF 'i~E CITY OF DELRAY BEACH, FLORIDA, REZONING AI~D PLACING BLOCK 54(HEISLEY ESTATES); BLOCK 62; BLOCK 70(SUNDY & CROMER'S AMENDED PLAT); BLOCK 7].; LOTS 1 THROUGH 8, BLOCK 78; A~ID LOTS 3 THROUGH 14, BLOCK 79, 'AN AREA LOCATED IN SECTIONS 16 & 17, TOWNSHIP 46 SOUTH, RANGE 43 EAST, LYING SOUTH OF SW 1ST STREET, EAST OF SW 2ND AVENI/E, NORTH OF SW 3RD STREET AND WEST OF SE 2ND AVENUE IN "RM-15 MULTIPLE FAMILY DWELLING DISTRI_CT" AND AMENDING .o ONI G ~IAP DELRAY .BEACH, FLORIDA, 1972"o WHEREAS, the Planning and Zoning Board has recommended rezoning and placing land presently zoned RM-20 Multiple Family Dwelling District in "RM-15 Multiple Family Dwelling DJ. strict"; 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 change should be made, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the followinq described property in the City of Dc!ray Beach, i~-~ - is F~v~d~ hereby rezoned ~n~ placed in the Multiple Family Dwelling District" as defined by Chapter 29 of the COde of Ordinances of the City of Delray Beach, to-wit: All of the North Half (N1/2) of Block 54, Heis!ey Estates, as recorded in Plat Book 13, Page 48, of the Public Records of Palm Beach County, Florida; A~rD All of the South Half (S1/2) of Block 54 ReSubdivision, as recorded in Plat Book 11, Page 2, of the Public Records of Palm Beach County, Florida; AND All of Block 62 of Delray, as recorded in Plat Book 1, Page 3, of the Public Records of Palm BeaCh County, Florida; AND All of the amended Plat of Sundy Cromer's Subdivision'of Block 70, Delray Beach, as recorded in Plat Book 6, Page 17, of the Public Records of Palm Beach County, Florida; AND All of Block 71, Delray Beach, as recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County,. Florida; AND Lots 1 through 8, inclusive, Block 78, Delray Beach, as recorded in Plat Book 10, Page 57, of the Public Records of Palm Beach County, Florida; AND Lots 3 through 14, inclusive, Block 79, 'Town of Delray, as recorded in Plat Book 10, Page 1, of the Public Records of Palm Beach County, Florida. This property is located South of SW 1st Street, East of SW 2nd Avenue, North of SW 3rd Street and West of SE 2nd Avenue, City of Delray Beach, County of Palm Beach, FlOrif 100 ~ Section 2. That the Planning Directors of said City shall, upon the effective date of this ordinance, change the Zoning Map of Delray Beach, Florida, to conform with the provisions of Section 1 hereof. PASSED AND ADOPTED in regular session on second and final reading on this the 27th day of May , 1975. MAYOR ATTEST: City Clerk First Reading .... Apri~ %8, 1975 Second Reading May. 27, 1975 -2- Ord. ~o. 19-75 OOX 100% EMERGENCY ORDINANCE NO. 23-75. AN ORDINANCE OF THE CITY COUNCIL OF TtIE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTIONS 14-9, 14-10 AND 14-11 OF CILAPTER 14 "FIRE DEPARTMENT, FIRE PREVENTION AND FIRE REGULATIONS" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH PERTAINING TO THE DESIGNATION OF FIRE DISTRICTS I, ti AND III BY DELETING THE WORD "DISTRICTS" AND SUBSTITUTING THEREFOR "ZONES"; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. WHEREAS, the designation "Fire Districts'I, II and III" had the unintended consequence of prohibiting wood frame construction in the City of Delray Beach; and, WHEREAS, many citizens of the City of Delray Beach, not knowkng of the above regulation, have been denied building permits for said wood frame-construction after investing considerable sums of money in pur- chasing material~, drawing of plans, and acquiring building si~es; and, WHEREAS, if immediate action is not taken by the City Council of the City of Delray Beach, much of the sums of money so invested may be jeopardized or lost to the citizens; and, WHEREAS, because of the above developments, the City Administra- tion and the City Council deem it to be in the best interests of the City to amend Sections ~4-9~ 14-10 and 14-].1 by deleting the w~rd "Districts" and substituting, therefor "Zones", NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That Chapter 14 "Fire Department, Fire Prevention and Fire Regulations" of the Code of Ordinances of the City of Delray Beach, as amended, be further amended by deleting the word "Districts" in Sections 14-9, 14-10 and 14-11 and substituting therefor the word "Zones" Sec. 14-9. Fire ~s~r~s zones created - B~se~e~ Zone I. Fire ~~ Zone I of the city shall include all property in the cI~y zoned CBD, C-l, LI, MI, SC and CC. Sec. 14-10. Same - B~e~c~ Zone II. Fire B~~ Zone II of the city shall include all property in the city zoned RM-6, RM-10, RM-15, RM-20 and NC. Sec. 14-11. Same - B~s~ Zone III Fire B~s~e~ Zone III of the city shall include all property in the'city zoned R-lA, R-1AA, R-1AAB, R-1AAA and R-1AAAB. SECTION 2. All ordinances or parts of ordinances in conflict here- with be and the same are hereby repealed. 00Z / SECTION 3. This ordinance shall become effective immediately upon the date of passage. PASSED AND ADOPTED in regular session on first and final reading on this the 27th day of May ~ 1975. ATTEST · City Clerk .. -2- Emer. Ord. No. 23-75.