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06-10-74 327 JUNE 10, 1974- A regular meeting of the City Council of the City of Delray Beach, F!orida~ was held in the Council Chambers at 7:30 P.M., Monday, June !0, 1974, with Mayor James H. Scheifley presiding and City Manager J. Eldon Mariott, City Attorney G. Robert Fellows, Council members Grace S. Krivos and Leon M. Weekes present. Mrl David E. Randolph and Mr. J. L. Saunders were absent. 1. The opening prayer was delivered by Dr. Seth. Morrow of the First Presbyterian Church of Delray Beach. 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 28, 1974, were unanimously approved on mction by Mrs. Krivos and seconded by Mr. Weekes. 4.a. Mrs. Krivos stated she had received a call from a mother whose child was entering school this year. The mother was concerned about the grocery store on the corner that sold beer. The City Manager stated he would check into the matter. 5.a. Rev. Semmie Taylor spoke from the floor concerning the crime rate in the City of Delray Beach. He stated he felt the present ~Chief of Police was not the target of the various groups being formed, but the groups were attempting to insure that the best qualified person '-~- to = ~ ~hie~ O= PoI~ to help aVailable would be appoz~c~G the position of ~ ' = in combating crime. He urged Council to study the situation and recog- nize the fact that a citizen problem exists along with a police problem. 6.a. The City Manager recommended that Council authorize by motion the acceptance of two deeds - one from Snow Concrete Corporation and one from Tadeusz Sendzimir for right-of-way of N.W. 1st Street be- tween Congress Avenue and N.W. 18th Avenue. This concerns the pro- jected paving of this street, the northwest portion of which is adja- cent to the County and the rest is in and adjacent to the City limits of Delray Beach. The City Manager stated the long delay in paving this area was the inability of the City and the County to obtain right-of- way deed for a portion of this street. The original estimated cost approximately one year ago was $9,275.00 and since a portion of it was adjacent to County property, the County agreed to pay a portion of the cost in the amount of $2,650.00. Due to the delay and inflation, the cost for the project is now $22,900.00. Since the right-of-way deeds have not been proffered to the City, it is recommended the project be approved. Mr. Weekes asked if the County would increase their share proportionately to the increased cost. The City Manager replied he felt they would not since the County ordinarily would nOt participate in this project at all because there is no improved Property in the County in the area this street would serve. The street serves entirely businesses ii~ Delray Beach. The City Manager .stated the affected property owners would not pay any portion of the costs since the City agreed at the time of annexation several years ago that the street would be paved without ~ssess"ng any portion of the cost. Mrs. Krivos moved to accept the rightrof-way deeds from Snow Concrete Corporation and from Tadeusz Sendzimir, seconded by Mr. Weekes, said motion passing unanimously. 328 6.b The City Manager stated the C4+'** had ~eceived one bid from Hardrives of Delray, Inc.¢ for paving the western 345 feet of N.W. 1st Street between N.W. 18th Avenue and Congress Avenue although five companies were solicited to submit proposals. The discussion in Item 6a above is applicable to %his item. Mr. Weekes moved that the con- tract be awarded to Hardrives of Delray, Inc., in the amount of $22,900.00 with $2,650.00 of that sum to come from the County, seconded by Mrs. Krivos, said motion passing unanimously. 6.c. The City Manager stated an easement deed has been received from Mr. and Mrs. Allen T. Risher covering the west'six feet of Lot 1, Block A, Third Addition to High Acres (one lot west of North Swinton Avenue extending north one lot from N.W. 18th Street). This easement has been provided at a cost of $1.00 to the City for the City to in- stall, operate and maintain a pipeline therein for sewerage purposes. It is recommended that the easement be accepted. Mrs. Krivos moved to accept the easement from Mr. and Mrs. Allen T. Risher covering the west six feet of Lot 1, Block A, Third Addition to High Acres, seconded by Mr. Weekes, said motion passing unanimously. 7.a. The City Manager stated a request has been received that the zoning of all of that portion of Lot 4 of the Subdiv].sion of Section 9, Township 46 South, Range 43 East, 1041-1045 N.E. 6th Avenue, be changed from RM-15 (Multiple Family Dwelling) to C-1 (Limited Commercial). Th'e applicant is Gerico, Inc. It is recommended that the request be referred to the Planning and Zoning Board for study and recommendation. Mr. Weekes so moved, seconded by Mrs. Krivos, said motion passing unanimously. 7__.b. City Manager Mariott stated a petition has been received for annexation, subject to RM-15 (Multiple Family Dwelling) zoning of .55 acres in Section 28, Township 46 South, Range 43 East, south side of Bermuda Gardens Road between State Road ALA and the Intracoastal Water- way. The applicants are Mr. and Mrs. Woods McCahill. It is recommended that the request be referred to the Planning and Zoning Board for study and recommendation.. Mrs. Krivos so moved~ seconded by Mr. Weekes, said · motion passing unanimously. 7.c. The City Manager stated the City is in receipt of a letter dated June 4th from Mr. Richard Hanna representing the.Aronomink Cor- poration requesting the City to extend for a period of six months, from September 10, 19'74, to March 10, 1975, the site plan approval for the Aronomink Corporation, a development located at Lowson Boulevard and Congress Avenue, lying in the SE¼ of Section 19, Township 46 South, Range 43 East. Mayor Scheif!ey asked if this was the first such re- quest for an extension due to the economy. The City Manager replied in the affirmative' It was ascertained a certain percentage of a de- velopment must be completed within the first year to be eligible for an extension without Council permission. Mr. Weekes moved to grant a six month extension, seconded by Mrs. I~ivos. The City Attorney .stated the Ordinance provides for such an extension with Council approval. The motion passed unanimously. 7.d. The City Manager stated a request has been received from the First Presbyterian Church that the City vacate a portion of Palm Avenue lying between Lots 9 and 10, Block' 4, Ocean Park, on the west and Lots 12 and'13, Block 3, Ocean Park, on the east. All subject lots are owned by the ~irst Presbyterian Church. It is recommended that the request be referred to the Planning 'and Zoning Board for study and recommendation. Mrs. Krivos so moved, seconded by Mr. Weekes, said motion passing unani- mously. 6-10-74 329 8.a. The City Manager presented Resolution No. 36-74. ".A RESOLUTION OF THE CITY COUNC'~[L OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING A CITY CONTRACT FOR APPRO×IM~ATELY i,i92 LINEAL FEET OF FENCING FOR THE DELRAY SHORES SEWAGE STORAGE AREA. (Copy of Resolution No. 36-74 is attached to the official copy of these minutes.) The City Manager recommended the resolution be adopted which would authorize the award of a contract, for erection of approximately 1,192 lineal feet of fencing for the Detray Shores Utility Storage Area to Frank English, Ccntractor~ for the bid amount of $6,795.00. Mr. Weekes asked whether or not a conflict of interest existed since Mr. English is a customer of Mr. Weekes' firm. The City Attorney stated there was no conflict of interest in this matter. Mrs. Krivos moved for the adoption of Resolution N©. 36-74 authorizing the award- ing of the contract to Frank English, seconded by Mr. Weekes. Upon roll call, Council voted, as follows: Mrs. Krivos -Yes; Mr. Weekes - Yes; Mayor Scheifley -Yes. 8.b. The City Manager presented Ordinance No. 22-74. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH CERTAIN LANDS LYING IN SECTION 7, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LANDS ARE CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LANDS; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LANDS; AND PRO- VIDING FOR THE ZONING THEREOF. (Copy of Ordinance No. 22-74 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. Weekes moved for the adoption of Ordinance No. 22-74 on second and final reading, seconded by Mrs. Krivos. Upon roll call, Council voted as follows: Mrs. Krivos - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. 8.c. The City Manager presented Ordinance No. 23--74. 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 REVISING SECTION 29-7 PER- ~A~N~ ~ TO ~uE~~ USES, REGULATIONS AND REQUIREMENTS IN THE C-1 LIMITED COM24ERCIAL DISTRICT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVING CLAUSE; PROVIDING A PENALTY CLAUSE. (Copy of Ordinance No. 23-74 is attached to the official copy of these minutes.) - 3 - 6-10-74 330 City Manager Mariott s~ated this Ordinance and the Ordinance in Item 8.d. have been piaced on first reading by Council with the recommendation that the two Ordinances go to workshop prior to second reading and to the Planning and Zoning Board, and that the City Attor- ney research phraseology having to do with storage. Ail of the re- quested changes have been made resulting in the following verbiage: Page 4, Section (H), Paragraph (3) "No outdoor storage of equipment or supplies shall exceed the height of the enclosing wall or fence or build- ing, whichever provides the best visual obstruction from a public right- of-way'.'. Mr. Weekes asked whether or not the existing businesses that are now non-conforming would be covered by a grandfather interpretation of the Ordinance. The City Attorney stated they would continue to operate as they now are. The City Manager reported one other change - in the Ordinance, as recommended by the Planning and Zoning Board, affected Section (B), Paragraph 43, by eliminating the following phrase: "the operations of which are not productive of objectionable odors, dust. noise, fumes, smoke, gases or vibrations" This sentence now reads "Any other retail business in which there is no processing or treatment of materials, goods or products"~ Council discussed the applicability of this usage description by stating persons processing materials such as a sculptor could be denied a permit under such wording. Council pointed out the verbiage allows more discretionary power, but also limits the applications. The City Manager stated he believed the Planning and Zoning Board wanted to eliminate the phrase concerning dust, fumes, gases, etc., because the 43 uses are under "permitted" uses and it was felt if it was a permitted use, no special dispensation would be required from any City administrative body. Under Conditional Uses, it is necessary that all of the uses listed be approved by the Planning and Zoning Board and Council. Discussion ensued with the sug- gestion that the Ordinance be passed on second and final reading and that the City Attorney review the Ordinance and recommend any changes that would be required. 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. Weekes moved for the adoption of Ordinance No. 23-74 on second and final reading, seconded by Mrs. Krivos. Upon roll call, Council voted as follows: Mrs. Krivos - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. 8.d. The City Manager presented Ordinance No. 24-74. 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 AMEN~DED, BY REVISING SECTION 29-7.1 PERTAINING TO AN INCREASE IN USES (PERMITTED AND CONDITIONAL), MINIMUM LOT SIZES AND BUILDING SET- BACK LINES, REGULATIONS AND REQUIREMENTS IN THE LI LIGHT INDUSTRIAL DISTRICT; REPEALING ALL OR- DINANCES OR PARTS OF ORDINANCES IN CONFLICT HERE- WITH; PROVIDING A SAVING CI~.!!SE~ PROVIDING A PENALTY CLAUS E, (Copy of Ordinance No, 24-74 is attached to the official copy of these minutes,) - 4 - 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. Weekes questioned Sec. (B), Paragraph (2.) on Page 1 of Ordinance No. 24-74, asking the City Attorney to clarify the phrase "large scale preparation". Discussion ensued wherein it was ascertained that the phrase should remain as it referred to the assembling of in- gredients and preparing items for distribution on a wholesale scale. Mrs. Krivos moved for the adop'tion of Ordinance No. 24-74 on second and final reading, seconded, by Mr. Weekes. Upon roll call, Coun- cil voted as follows: Mrs. Krivos - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. 8.e. The City Manager presented Ordinance No. 25-74. AN ORDINANCE OF THE CITY COUNCIL OF T~IE CITY' OF DELRAY BEACH, FLORIDA, .REZONING AND PLACING APPROXI~,~.~ATELY 81 ACRES OF LAlqD LOCATED IN THE NORTH HALF (N~) OF THE SOUTh~EST QUARTER (SW¼) OF SECTION 12, TO?~NSHIP 46 SOUTH, RANGE 42 EAST, LYING NORTH OF LAKE IDA ROAD BETWEEN BARWICK ROAD AND MILITARY TP~AIL IN "RM-6 MUL- TIPLE FAMILY DWELLING DISTRICT", AND AMEN-DING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1972" City Manager Mariott stated this Ordinance refers to rezoning a parcel of land containing approximately 81 acres located in the north half of the Southwest Quarter of Section 12, Township 46 South, Range 42 East, lying north of Lake ida Road between Barwick Road and ~iiiLa~y Trail, from RM-10 (Multiple Family Dwelling) District to RM-6 (Multi- ple Family Dwelling) District, the applicant being Country Manors. The Planning and Zoning Board at a meeting held on May 21st recommended by unanimous vote that Council approve the rezoning reques%. Mr. Weekes moved for passage of Ordinance No. 25-74 on first reading, seconded by Mrs. Krivos. Upon roll call, Council voted as follows: Mrs. Krivos -Yes; Mr. Weekes -Yes; Mayor Scheif!ey -Yes. 8.f. The City Manager presented Ordinance No. 26-74. AN ORDINANCE OF THE CITY COUNCIL OF THE CII~Z OF DELRAY BEACH, FLORIDA, REZONING AND PLACING 1.65 ACRES OF LAND LOCATED IN THE EAST HALF (E½) OF THE SOUTHEAST QUARTER (SE!~) OF THE NORTHEAST QUARTER (N-E~) OF SECTION 19, TOWNSHIP 46 SOUTH, RANGE 43 EAST, LYING EAST OF THE RIGHT-OF-WAY OF STATE ROAD 9 (PROPOSED) IN "LI LIGHT INDUSTRIAl, DISTRICT", AND AMENnDING "ZONING MAP OF DELI{AY BEACH, FLORIDA, 1972" The City Manager stated this Ordinance refers to rezoning 1.65 acres in Section !9~ Township 46 'South, Rsnge 43 East, west side of S.W. '~/th Avenue between S.W. 7th Street and S.W. 8th Street from RM-15 (~4ui- [tiple Family Dwelling) to LI (Light industrial) District, the applicants ~'beimg Donna M. Co6k an-d Nancy Ann Cook. The Planning and Zoning Board at a meeting held on May 21st recommended by unanimous vote that Council approv'e the rezoning request. - 5 - 6-10-74 332 Mr. Michael Botos, Attorney representing the owners of the property, spoke from the floor and explained that the application for rezoning was"submitted 'before the City decided to undertake their own rezoning of that area. Mrs. Krivos moved for the passage of Ordinance No. 26-74, seconded by Mr. Weekes. Upon roll call, Council voted as follows: Mrs. Krivos -Yes; Mr. Weekes -Yes; Mayor Scheifley -Yes. 8..q. City Manager Mariott presented Ordinance No. 27-74. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLOP. IDA; A~NEXING PORTIONS OF CERTAIN PUBLIC RIGHTS-OF-WAY IINOWN AS BARWICK ROAD AND WEST ATLANTIC AVENUE BEING IN SECTIONS 13 AND 18, TOWN- SHIP 46 SOUTH, P~NGES 42 AND 43 EAST, WHICH ARE LOCATED IN THE DELRA¥ BEACH RESERVE AREA. The City Manager stated tha~ th'e Planning and Zoning Board at a meeting held on May 21st recommended by unanimous vote that the City annex Barwick Road between West Atlantic Avenue and the High Point Development and West Atlantic Avenue between Barwick Road and' Homewood Boulevard, as it was felt by the Board that this action would be beneficial for law enforcement. In researching the City records, no record of City annexation of West Atlantic Avenue between Homewood Boulevard and the Lake Worth Drainage District E-4 Canal east of Home- wood Boulevard could be found. Inasmuch as it is felt that this entire stretch of West Atlantic Avenue should clearly be within the City limits, it is recommended that this ordinance be passed annexing the entire de- scribed right-of-way to the City. Mr. Weekes m~ovcd for passage of Ordinance No. 27-74 on first reading, seconded by Mrs. Krivos. Upon roll call, Council voted as follows: Mrs. Krivos -Yes; Mr. Weekes -Yes; Mayor Scheifley -Yes. 8.h. City Manager Mariott presented Ordinance No. 28-74. AN ORDINANCE OF THE CiTY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9 "BUILD- ING CODE" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, AS AMENDED, BY ADDING NEW PROVISION PERTAINING TO THE CLEANLINESS OF PROPERTY AND THE PROTECTION OF PROPERTY IN THE EVENT OF HURRICANES; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVING CLAUSE; PROVIDING A PENALTY CLAUSE. - The City Manager stated that this Ordinance was reviewed thoroughly by Council at its June 4th workshop meeting, and refers to the amending of Chapter 9 "Building Code" of the Code of Ordinances by adding a new provision pertaining to the cleanliness of property and the protection of property in the event of hurricanes. Mr. Weekes moved for the adoption of Ordinance No. 28-74 on first reading, seconded by Mrs. Krivos. Upon.roll' call, Council voted as follows: Mrs. Krivos -Yes; Mr. Weekes -Yes; Mayor Scheifley -Yes. 9.a. The City Manager st-ted that the Planning and Zoning Board at a meeting held on May 2ist recommended by unanimous vote that Council approve the preliminary plat for Phase II of the Lakeview Greens Develop- ment. This property is located in Section 24, Township 46 South, Range 42 East, north of S.W. t2th Street between Dover P. oad and Military Trail. - 6 - 6-10-74 Mrs. Krivos moved for approval of the preliminary plat for Lakeview Greens Development, Phase II, seconded by Mr. Weekes, said motion passing unanimously. 9.b. City Manager Mariott stated that the Planning and Zoning Board at a meeting held on May 21st reco~u~nended by unan. imous vote that Council approve the preliminary plat for Delray Falls. This property is located in Section 24, Township 46 South, Range 43 East, on the east side of Albatross Road between Lindell Boulevard and Dotterel Road. Residents of Tropic Palms Subdivision had requested that the City re- quire the developer of Delray Falls to arrange a cut in the median s'b~rip of Lindell Boulevard in such a way that it would be possible to leave this development and turn east immediately rather than travel a short distance and double back. However, after conferring with the traffic engineers of the County, it was decided jointly by the City Engineering Department and County Traffic Engineers that the access onto Lindell Boulevard would be too close to the F.E.C. Railroad to safely permit a left turn. Mrs. Krivos moved for the approval of the preliminary plat for Delray Falls, seconded by Mr. Weekes, said motion passing unani- mously. The City Manager stated that the Planning and Zoning Board at a meeting held on May 21st recommended by a vote of 5 to 1, with Mr. Pompey dissenting, that the petition of Mr. James Ritterbusch for re- zoning a tract of land on the northwest corner of Linton Boulevard and Congress Avenue from RM-15 (Multiple Family Dwelling) to SC (Specialized Commercial) be denied. Council may either sustain the recommendation of the Planning and Zoning Board and deny the request or refer the request to a future workshop meeting. Mr. James Ritterbusch, 1511 North Swinton Avenue, De!ray Beach, and President of Sherwood Park Developers, the actual petitioner in this matter, spoke from the floor expressing his views on the need for a convenience type store on the tract in question to serve all the resi- dents west of Congress Avenue. He stated the petitioner had originally asked for a NC (Neighborhood Commercial) zoning'and it was pointed out by the Planning Director, Dan Kotulla, that the NC zoning calls for a minimum of four acres and a maximum of eight acres. This property is 200 feet by 200 feet, slightly less than one acre, and therefore could not be zoned NC. He stated the only commercial category applicable for the purpose of selling this land would be SC (Specialized Commer- cial) which has to do with business establishments on a major highway, and he felt Congress Avenue was a major highway. He stated that at the Planning and Zoning Board meeting when this request was denied one of the objections raised was that the parcel was not large enough for a convenience type store. It was also mentioned that the Sherwood Park Shopping Center is only a quarter of a mile north of this parcel and on LI (Light Industrial) zoned land, containing approximately 10,800 square feet. 7,200 square feet of this land is leased to Precision Electronics who has an option on the remainder, and when the leases o~ the smaller shops run out Precision Electronics will use the entire square footage for industrial purposes. He also pointed out that ther~ were no objections from the floor at the Public Hearing either from an individual or a land owner. Mayor Scheifley raised the question as to whether all the sur- rounding residents were notified of the Public Hearing, and if so, did they attend the hearing and what was their reaction. The City Manager stated that according to the information he had there were no objections at the Public Hearing and he knew of no written objections being received. 6-10-74 334 Mr. Ron Sanson, ].630 Cathrine Drive, De].ray Estates, spoke from the floor and stated that he had not been notified of the Public Hearing and as far as he knew neither had any of his neighbors. The Acting City Clerk advised that the owner of the area to be rezoned is notified and anyone within 300 feet of the area. Since the area of Delray Estates within 300 feet is not completed, only the developer was notified. Mr. Sanson stated he personally objected to a con- venience type store being built so close to the units as did several other residents to whom he had spoken. Mr. John Ross Adams, attorney for Sherwood Park Developers, spoke from the floor and stated that this tract is not useful for any- thing but a commercial use. Mr. Weekes stated he would prefer to have a five member Coun- cil vote on this matter and moved for referral to a future workshop meeting. The motion was seconded by Mrs. Krivos, said motion passing unanimously. Mrs. Krivos suggested that the Delray Estates Condominium Association be notified of the workshop meeting. 9.d. City M~nager Mariott reported that the Planning and Zoning Board at a meeting held on May 21st recommended by unanimous vote that Council approve the preliminary plat for Phase II, Section I, of the Hamlet Development. This property is located· in Sections 13 and 24, Township 46 South, Range 42 East, south of Atlantic Avenue between Dover Road and Military Trail. Mrs. 'Krivos raove~ to sustain the recommendation of the Planning and Zoning Board, seconded by Mr. Weekes, said motion passing unanimously. 9.e. The City Manager stated that the Planning and Zoning Board at a meeting held on May 30th recommended by unanimous vote that Coun- cil modify the site plan for Country ~!anors, a development in the SW~ of Section 12, Township 46 South, Range. 42 East, lying on the north side of Lake Ida Road at Barwick Road. The proposed madification re- duces the number of dwelling units from 488 to 440 and was discussed by Council at its June 4th workshop meeting. Mr. Weekes moved to accept the amendment to the site plan, seconded by Mrs. Krivos, said motion passing unanimously. 10.a. The following Bills for Approval were unanimously approved for payment on motion by Mr. Weekes, seconded by Mrs. Krivos: General Fund .............. $704,630.10 Water and Sewer Fund .......... 531,030.01 Utility Tax Fund ........... 84,850.00 Refundable Deposits Fund ........ 170.00 Improvement Trust Fund ....... 178,769.10 Beach Restoration Fund .......... 473,040.00 Federal Revenue Sharing Fund ...... 2,979.02 10.b.1. City Manager Mariott presented Resolution No. 37-74. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, RELATIVE TO THE INITIATION OF PROCEEDINGS WI]iEREBY THE PAI.~ B~A~ COUNTY COMMUNITY ACTION COUNCIL, INC., A PRIVATE NON- PROFIT ORGANIZATION, WOULD BE REDESIGNATED AS A PUBLIC AGENCY WITHIN THE PALM BEACH COUNTY GOVERNMENT. (Copy of Resolution No. 37-74 is attached to the official copy of these minutes) 335 The City Manager stated that due to Federal curtailment of funds to continue the Office of Economic Opportunity after June 30: 1974, the county Commission has been exploring the possibility of making the Palm Beach County Community Action Council, Inc., heretofor a private non-profit organization, a branch of the County government of Palm Beach County. The County Commission has accordingly passed a resolution in that regard to initiate the proper and necessary pro- cedures which could result in said agency becoming a public agency. Each city in the County has been requested by the County Conm~ission to consider 1 - whether or 'not the municipality wished to object to this being done, 2 - whether the municipality is in agreement with this trans- fer, or 3 - whether the municipality would want to take no action at all, in which case that would be taken to meat, agreement. In view of the fact that there would be no outlay of City money involved and this agency would be made a public agency and would be under the jurisdiction of the County Co~mmission, the' City Manager recommended that Council approve the passage of Resolution No~ 37-74. Mrs. Maude Lee, 602 Clear Lake Avenue, West Palm Beach, Executive Director of the Palm Beach County Co~unity Action Council, Inc., spoke from the floor and confirmed that this r~solution would adequately satisfy the needs of the item at hand. ~ Mrs. Krivos moved for the passage of Resolution No. 37-74 seconded by Mr. Weekes. Upon roll call, Council voted as follows: MrS.-Krivos -Yes; Mr. Weekes -Yes; Mayor Scheifley -Yes. 10.b.2o City Manager Mariott presented Resolution No. 38-74. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING NEGOTIA- OF BEACH IMPROVEMENTS. (Copy of Resolution No. 38-74 is attached to the official copy of these minutes.) The City Manager reported that at a recent Workshop meeting Council gave its 'approval for the City to proceed with the Turner Land- scape Plan for improvements on the beach. Mr. Turner was advised to immediately proceed with the drawing up of plans and specifications for the taking of bids and these are now completed. The City is Scheduled to open bids very soon with regard to the Turner.Plan and several .things must be done in addition~to the execution of this plan, 1 - the awarding of a contract for the construction of a retaining wall along the waffle- type revetment, 2 - the construction of a concrete curb along Highway A1A frOWn Atlan%~ Avenue to Miramar Drive, 3 - the replacement of ap- Proximately 52,000 square 'feet of sod on the beach at the north end~ and south of Atlantic Avenue extending down to Casuarina Road, an additional 26,000 square feet of sod, 4 - the construction of approxi- mately 645 feet of sidewalk and additional sidewalk repair work on the south end of the beach. Bids were solicited by the Engineering Depart- ment and two bi~s were received, one from Carr Soil and Sod Driveways in the amount of $62,110.20 and the other from Campbell Construction Company in the amount of $61,310.00. It is recommended that Council pass this resolution awarding the contract to the _]ow bidder, Campbell Construction Company, in the amount of $61,310.00. Mr. Weekes moved for passage of Resolution No. 38-74 awarding the contract to the low bidder, Campbell Construction Company in the amount or $61,310.00, seconded by Mrs. Krivos. Upon roll call, Council voted as follows: Mrs. Krivos - Yes; Mr. Weekes - Yes; Mayor Scheifley - Yes. - 9 - 6-10-74 336 10.b.4. The City Manager stated the Barr Site Plan between the Intracoastal and Venetian Drive on the south side of East Atlantic Avenue had been.approved by the Planning and Zoning Board at a .recent meeting by a vote of 4 to 2 with Mr~ Wallin and Mr. Gent dissenting. The Chairman of the Board was not present for the meeting. The City Manager reminded Council that Mr. Jack Pitts had previously suggested that an attempt be made by the City to acquire the subject property for use for public purposes. At that time, Council requested the City Manager to contact the Beach Property Owners' Association to determine whether or not the property could be purchased and paid for by levying of taxes on property located on the east side of the Intracoastal Water- way. The City Manager stated he had approached Mr. David Ekvall, Presi- dent of the Beach Property Owners' Association~ and had had several conversations and communications regarding the issue. Mr. Ekvall has advised the City Manager that the Beach Property Owners' Association has decided not to pursue the possibility o~ their involvement in assisting the City in the acquisition of this property. The receipt of this letter by the City eliminates any further need to delay con- sideration of the site plan approval. The City Manager stated the matter would now be subject to procedural consideration by Council. Mayor Scheifley stated he felt the intent of the Council was not fulfilled by the Beach Property Owners' Association. He stated he had been informed the Board of Directors of the Association had met and decided not to pursue the matter as stated above. Mayor Scheifley felt the intent of the Council had been for the Association to meet with representatives of every condominium east of the Intracoastal Waterway to discuss the situation and arrive at a joint decision. A referendum would have to be'held in Precinct No. !90 which consists of the land- owners on the east side of the Intracoastal Waterway in Delray Beach. Mayor Scheifley suggested referring the matter back to the Planning and Zoning Board for the ~oltowing reasons: i - It was not considered with a full Board of 7 mer~ers (only 4 were present); 2 -~Procedural questions exist based on the minutes of the Planning and Zoning Board meeting and on conversations with persons attending the meeting. Mr. Weekes stated he did not want to preclude the possibility of the City purchasing the land for public purposes. He suggested that the Delrest ~nn be refurbished and utilized as a post office annex and a deputy clerk's office, a mini-park be placed on the westerly edge of the property along the Intracoastal Waterway, a parking lot along the northerly part of it to facilitate parking for the small stores in the area, and it might be possible to use the second floor of the Delrest Inn for overflow from some of the departments in the City Hall. Mr. Weekes stated he wanted all avenues and possibilities investigated for the purchase of the property. Further discussion ensued with Mr. Dunbar, Secretary of the Beach Property Owners' Association, stating he did not understand that the Association was supposed to contact the other condominiums. Mayor Scheifley summarized the two major problems: 1 - the acquisition of the property by the City and 2 - procedural question by Council in responding to the Planning ~nd Zoning Board recommendation. Mro'Weekes moved the recommendatfon for the site plan be referred back to the Planning and Zoning Board for further study ~nd recommendation, seconded by Mrs. Krivos. Mrs. Dot Montgomery questioned the procedures utilized in the Planning and Zoning Board meeting. Mayor Scheifley replied this was one of the reasons for not concuring in the recommendation of the Planning and Zoning Board, citing the fact that the Public Hearing was announced - 10 - 6-10-74 337 as being closed, three me~oers who voted in favor of the Barr site plan were not at the Public Hearing, the Planning and Zoning Board refused to accept the' petition,- and'the Planning and Zoning Board allowed one side to speak but not the other. Mayor Scheifley further stated he would assume the Planning and Zoning Board Chairman would conduct a meeting which would leave fewer questions open. Mayor Scheifley ascertained the matter would be handled by the City Manager writing a letter to the Planning and Zoning Board re- ferring it back for further discussion. Council voted unanimously to refer the matter to the Planning and Zoning Board. Mr. Weekes mentioned he personally .questioned the validity of asking the residents on the east side of the Intracoastal Waterway to pay the entire bill for the acquisition of the property since it would benefit the entire City. The City Manager stated that in the letter to the Beach Property Owners' Association it was mentioned that payment for subject property would be borne "substantially" by taxes levied on all properties east of the Waterway. The meeting was adjourned at 9:26 P.M. Acting City Clerk AP PROV[9~: ~/ MAY OR ~ - 11 - 6-10-74 337A RESOLUTION NO. 36-74. A RESOLUTION OF THE CiTY COL~fCIL OF ~-tY] CITY OF DELRAY BEACH, FLOIIIDi~, AUthORIZING A CITY CONTRACT FOR APPROXImaTELY 1,192 LIA~AL FEET OF FENCING FOR THE DELRAY SHORES SE~'~GE STORAGE AREA. WHEREAS, it is the recommendation of the City .Manager that the Council, acting by authority of provision in Section 78 of the City's Charter, award a contract for the materi~ls and installation of approximately 1,192 lineal feet of fencing for the Delray Shores Sewage Storage Area in accordance with details as supplied by the Director of Public Utilities; and, W}~PC~AS, three bids have been received for the installation in the following amounts: Frank English, Contractor $6,795.00 Delray Fence Compa. ny $7,201.52 Bill Overton's Budget Fence Co. $9,681.00 ?Thich bids the Director of Public Utilities certifies as being reasonable; and, WHEREAS, a limited time existed prior to price escalation of 20~o' for materi~ls: prompting an advance award of this contract; and, ?~IE?~EAS, it is the Council's opinion that the award of this contract was in the best interest of the City, NOW, THEFcEFOI~E, BE IT RESOLVED BY ~tE CITY COUNCIL OF THE CI55~ OF DELP=Wf BEACH, FLORIDA, AS FOLLOWS: 1. That said contract for the materials and installation of 1,192 lineal feet of fence has been awarded to Frank English, Con- tractor, who was the low bidder in the amount of $6,795.00. 2.' That this fencing, installation shall be funded from funds so budgeted for this project. PASSED AN-D ADOPTED on this 10th day of June, 1974. VICE M A Y 0 R ATTEST: Clerk 337B ORD II~XNCE NO . 22- 74. AN ORDI~NCE OF 57!E CITY COI/NCIL OF %TIE CITY OF DELRAY B'F~ACH~ FLORIDA, ALq~EXING TO T}!E CITY OF DELRAY BEACH CERTAIN LAL~DS LYING IN SECTION 7, TOWNSHIP 46 SOUTH, F~ANGE 43 EAST, ~'~tICH I~ANDS ARE CONTIGUOUS TO EXISTI~IG I~[~JNICIPAL LI~4!TS OF SAID CI2~£; REDEFINING .gYr~E BOU~IDAR!ES OF SAID CITY TO II{CLUqDE SAID I~A~DS; .PROVIDIi, IG FOR THE RIGHTS ADID OBLIGATIONS OF SAID LAzXqDS; A~NqD PRO- VIDI~G FOR ~q~REAS, ~lelvin I. Muroff is the fee simple owner of the lands hereinafter described; and, %~q~REAS, ~¥1elvin !. Muroff by Joseph R. Mi!lsaps, duly authorized agent, has pe~-itioned and given permission for the annexation of snid lands by the City of De!ray Beach; and, WHERF=AS, the City of Delray Beach has heretofore been author- ized to annex lands in accordance with Section 185.1 of the City Charter of said City granted to it by the State of Florida; and, WHEREAS~ the annexation of these lands hereinafter described in the R-lA Single Family Dwelling District has been recommended by the Planning and. Zoning Board in action taken at its meeting held on April i0, 1974, NOW, TTtE!~FOP~, BE IT ORDAIL~ED B'f ~'I~M~E CITY COUNCIL OF ~ Ci~f OF DEI~°~AY BEACH, FLORIDA, AS FOLLOWS: SECTIOS? !. That the City Council of the City of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the following described lands located in Palm Beach County, Florida, which lie contiguous to said City, to-wit: All that portion of the West half (W%) of the Southwest Quarter (SW~) of Section 7, To',~nship 46 South, Range. 43 East, lying North of the Northerly right-of-way of Lake Ida Road as shown on Plat of Delray Shores First Addition, Recorded in Plat Book 28, page 2, Public Records of Palm Beach County, Florida; less the right-of-way of Lake'Worth Drainage District Canal No. 31. Containing 36.04 acres more or less. SECTIO~7 2. Th. at the Boundaries of the City of De!rny Beach, Florida, are hereby redefined so as to include therein the herein- before described lands, and said lands are hereby, declared to be with- i~ the corporate !mmits of the City of De!ray Beach, Florida. SECTION 3. That the lands hereinbefore described are hereby declared to be in Zoning District R-lA Single Family ~wel!ing District as defined by existing ordinances of the City. of' belray Beach, Florida. SECTION 4. That the lands hereinbefore described shall imme- diately become subject to all of the franchises, privileges, immunities, debts, obligatioDs, liabilities, ordinances and laws which are now, 337C or may in the fu-hure, be applied to lands within %he City of Delray Beach, and persons residing thereon shall be deemed cikizens of the City of Delray Beach. SECTION 5. That if any word, phrase, clause, sentence or park of this Ordinance shall be declared illegal by a Court of compe- tent jurisdiction, such record of illegality shall in no way affect the remaining portion. PASSED AND ADOPTED in regular session on the second and final reading on the 10th day of June .... , 1974. ~TICE '~,I A Y O R ATTEST: City Clerk First Reading. Flay 13, 19 74 Second ReadingJune 10, 1974 -2- Ord. No. 22-74. 337D ORDINANCE NO. 23-74. AN ORDINANCE OF THE CITY COUNCIL OF ~{E CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING" OF TttE CODE OF OP~DINANCES OF ~-IE CITY OF DELRAY BEACH, AS A~'kEI~DED, BY ~EVISING SECTION 29-7 PER- TAINING TO T~{E USES, REGULATIOI~S AND REQUIRE~LENTS IN ~{E C-1 LIMITED C05~ERCIAL DISTRICT; REPEALING ALL ORDI~At~CES OR PARTS OF ORDINANCES IN CONFLICT HEREWIR~; PllOVIDING A SAVI!~G CLAUSE; PROVIDING A PENALTY CLAUSE ~ WHEREAS, the Planning and Zoning Board has recommended revision of the uses, reg'alations and requirements in the C-1 Limited Commerciz~l District as set forth in Section 29-7 of Chapter 29 "Zoning" of the Code of Ordinances; and, ~EREAS, the City Council of the City of Delray Beach, Florida, concurs in said recommendation,. NOW, T}IEREFORE, BE IT ORDAIA~ED BY ~{E CITY COUNCIL OF THE CITY OF DELkAY BEACT~{, FLORIDA, AS FOLLOWS: SECT!Of{ 1. That Section 29-7 of Chapter 29 "Zoning" of the Code of Ordinances of the City of Delray Beach is hereby repealed and of no effect. SECTIOi7 2. That the following revised Section 29-7 of Chapter 29 "Zoning" of the Code of Ordinances is hereby adopted and shall be codified in Chapter 29, Zoning, as follows: "Sec. 29-7 LIOniZED CO~C!AL DISTRICT (.~1) (a) PURPOSE The C-1 Zoning District is intended to provide an area for predominantly retail commercial activities that are oriented toward major collector or arterial roadways. (B) USES PE~,iITTED (1) Single family dwellings and their customary accessory uses including garages, tool sheds, workshops, storage sheds, greenhouses, slat houses, dog houses and dog runs, bird aviaries, pump houses, swimming pools, pool houses and covers, playhouses, guest cottages, boat docks, and other recreational facilities. Single family dwellings shall comply with the district regu- · lations established for the R-lA Zoning District. (2) Home occupations as defined in Section 29-1 (3) ~uitipie family projects containiDg ~wo (2) dwelling units in one or more structures. Multiple family projects shall comply with the district regulations established for the RM-15 Zoning District. (4) Appliance stores, including radio and television service (5) Art, antique, or gift shop (6) Automotive parts, retail only 337E (7) Bakery, where products made on the premises only are sold at retail (8) Bank~. including drive-in bank and other financial 'institutions ' ' (9) Bicycle sales and serv'ice (10) Bookstore (11) Brokerage office (12) Cafe, tea room (13) Caterer (14) Cocktail lounges, bars and package stores, subject to Chapter 4 (15) Delicatessen (16) Drugstore, confectionery (17) Florist (18) Fruit store (19) Furniture store (20) Hardware store (21) Ice cream parlor (22) Jewelry store (23) Laundromats (24) Laundry and dry cleaning pick-up stations (25) Luggage store (26) Medical offices and services (27) Music store (28) Newsstand (29) Office furniture, supplies and equipment (30) Parking lot or storage garage for non-commercial vehicles (31) Personal services, including but not limited to barber- shop, beauty salon, masseur (32) Pet grooming (33) Photegr~ph ic studio (34) Photographic supply (35) Printing and publishing (36) Real estate office (37) Restaurant, excluding drive-in and drive-through (38) Shoe store or repair (39) Stationery and gift stores (40) Sporting goods store (41) Sundries and variety stores (42) Wearing apparel, furnishings for men, women and children, including shoes, furriers, modiste, millinery (43) Any other retail business in which there is no processing or treatment of materials, goods or products. (C) CONDITIONAL USES As prescribed in Section 29-7.4, and .after the review of the application and plans appurtenant thereto and hearing there- on, the Planning and Zoning Board finds as a fact that the proposed use or uses are consistent with good zoning prac- tice, not contrary to the Master Plan, and not detrimental to the promotion of public safety, health convenience, com- fort, morals, prosperity, appearance, good order, and gener- al welfare of the C~ty~ t~e f©!!ow~.p,g u.~es may be recommended to the City Council as Conditional Uses: Ord. No. 23-74. 337F (1) Multiple family projects containing three (3) or more dwelling units in one or more structures and their attendant recreational and sales facilities. ~ 'Multiple family projects shall' comply with the district regu- lations established for the RM-15 Zoning District. (2) Commercial uses totally contained within a residential structure, limited to a fotal floor area not to exceed ten (10) per cent of the gross residential floor area contained therein, exclusive of vehicular parking and service areas and limited to such uses as restaurants, delicatessens and such personal services as beauty shops, barber shops, drug stores, professional and business offices. (3) Bowling alleys, pool and billiard halls, skating rinks, outdoor miniature golf courses, and similar establish- ments. (4) Broadcasting facilities (5) Churches and their attendant educational and recrea- tional facilities (6) Comraunication and utility establishments (7) Funeral homes (8) Food and grocery stores, retail only (9) Golf courses, swimming and tennis clubs, and similar recreational facilities as principal uses when used as a public facility or private club. (10) Hospitals (11) Libraries, community center buildings, public museums (12) Motels and hotels (13) Natural resource utility (14) Office building (!5) Professional offices consisting of accountants, arch~- feets, attorneys, chiropractors, dentists, engineers, landscape architects, naturopaths, opticia~s, optorae- trists, osteopaths, physicians and surgeons, podiatrists, and psychologists. (16) Public utilities, excluding equipment and storage yards (17) Schools, nursery schools and kindergartens, public and private (18) Service stations without major repairs (19) Social, fraternal,'and recreational clubs and lodges (D) MINIMUM BUILDING SITE AREA No minimum requirements. (E) MINIMUM BUILDING SETBACKS (1) Front 10 .feet (2) Side (interior) 0 (3) Side (street) 10 feet (4) Rear 10 feet (F) UILDING H IGHT No building or structure shall be consh£ucted to a height exceeding thirty-five (35) feet, unless approved as a Conditional Use~ (G) PARKING AND LOADING REQUIF~Y~NTS See Sec. 29-7.3. --3" Ord. No. 23-7~.. 337G (H) WALLS AND FENCES Within any .Limited .Commercial District, all walls, fences, or similar structures erected on any lot or parcel of land, shall conform to the following criteria: (1) No wall, fence, or similar structure shall be main- tained within the area at any corner street intersec- tion at elevations the City Engineer determines will obstruct visibility. (2) Walls, fences, or simil~r structures shall not contain any substance such as broken glass, spikes, or nails. - No electrically charged fence shall be erected on any lot or parcel of land in this zoning district. (3) All areas devoted to the s~.orage of equipment or sup- plies shall be adequately screened with landscaping pursuant to the criteria' stated in Chapter 15C of this Code and shall further be enclosed by a fence or walt at least six (6) feet in height, but not to exceed twelve (12) feet in height. I~o outdoor storage of equipment or supplies shall exceed the height of the enclosing wall or fence or building, whichever provides the best visual obstruction from a public right-of-way. (I) CONDITIONS OF OPEP~-ATION (1) All businesses and servicing shall be conducted wholly within a completely' enclosed building, except for off- street loading and automobile parking, (2) Any building used primarily for any of' the above enumer- ated purposes may not have more than twenty-five (25) per cent of the floor area devoted to storage purposes incidental to the primary use." -SECTION 3. That any person, firm or corporation violating any of the provisions of SECTION 2 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. The remaining sections of Chapter 29, not repealed in SECTION 1 above, shall remain in full force and effect. SECTION 5. All ordinances or parts of ordinances in conflict - herewith be and the same are hereby repealed. SECTION 6. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconsti- tutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions hereof. PASSED AIJD ADOPTED in regular session on sedond and final reading on this the 10th .day of.~ju~e , 1974. ATTEST: ..... ' ~~~'"~~'~ ~-~- VICE M A Y 0 R ~, i Clerk First Rea~ g May 13, 19'74 .Second Reading .l'~:'l ~ ~i '-'//i 337H ORDINAIqCE ~;~0. 24-74. AN ORDL..A~'~CE OF Ci%~f C©D~!CIL OF ~E CI~ OF DEL~Y DEACH, FLO2IDA, ~LE~NG C~LAPT~R 29 "ZONIIJG" OF THE CODE OF Oi~Ik~NCES OF ~IE CI~ OF DELR~Y BF~CH, AS A~!~ED, ~Y REVISING SECTION 29-7.1· PER- TIOk~L), MINIMD%! LOT SIZES A~ BUI~ING SETBACK I~USTRIAL DI~R_CT, R~PEALING ALL OP~I!~ANCES OR A SAVING CLAUSE: PROVIDING A PENAL~~ CLAUSE. WHEREAS, the Planning and Zoning Board has recommended revision of the uses (Permitted and Conditional),' minimum lot sizes and building setback lines, regulations and requirements in the Li Light Industri~! District as set forth in Section 29-7.1 of Chapter 29 "Zoning" of the Code of Ordinances; and, WHEREAS, the City Council of the City of Delray Beach, Florida, concurs in said recommendation, I~OW, THEP~EFORE, BE IT ORDAII~ED BY THE CITY COUNCIL OF THE CI~f OF DELP~AY BEACH, FLORIDA, AS FOLLOWS: SECTIO%7 !. That Section 29-7.1 of Chapter 29 "Zoning" of the Code of Ordinances of the City of Delray Beach is hereby repealed and of no effect. SECTIO:'I 2. That the following revised Section 29-7.1 of Chapter 29 "Zoning" of the Code of OrdLnances is .hereby adopted and shall be codified in Chapter 29, Zoning, as follows: "Sec. 29-7.1 LIGHT IL~DUSTRIAL DISTRICT (LI) (a) PURPOSE The purpose of the LI Zoning District is to provide suffi- cient space in appropriate locations for certain types of business and light manufacturing, processing, or fabrication " of non-objectionable products which do not involve the use of m~.terials, processes, or machinery which cause undesirable effects such as objectionable odors, dust, noise, fumes, smoke, gases, or vibrations upon nearby or adjacent resi- dential or con%~ercial property. (B) USES PEtLMI TTED (1) Appliance manufacturing .~ (2) Bakeries, wholesale, large scale preparation · ' ~[3) Broadcas~in~ studios and other com..~unication facilities (4) Business offices accessory to the ~rimary industrial use (5) Communication and utility activities (6) Confectionery, wholesale, large scale preparation (7) Cosmetic manufacturing (8) Dairy processing (9) Dry ice manufacturing (10) Electronic equipment menufacturing 337I (11) Engravin,~ (1.2) Frozen food locker (13) . storage garage (14) Leather gocds manufacturing (15) Machinery shop (16) Motion picture studio (17) Moving and storage (18) Phan~aceutical products and manufacturing (19) Plants or portions of laboratories and related facili- ties used in the manufacturing of prototypes and the production of experimental products, or. the manufac- turing of such products as may be necessary to the development or production of operating systems, where such systems are to be installed or operated at another location. (20) Precision instruments and optics manufacturing (21) Printing and publishing (22) Public utilities (23) Restaurants, cafes (24) Scientific research laboratories and facilities, including laboratories and facilities for product development and testing. (25) Sign painting and manufacturing (26) Upholstery shop (27) I'~olesale sales offices and their attendant distribu- tion facilities (C) COk'D ITI O~.L USES As prescribed in Sec. 29-7.4, and after the review of the a ........ :~= w~=~ =?puraenant u~"~ere5o and hearing there- on, the Planning and Zoning Board finds as a fact that the proposed use or uses are consistent,with good zoning prac- tice, not contrary tO the Master Plan, and not detrimental to the promotion of public saf'etv, health, convenience, comfort, morals, prosperity, appearance, good order, and general welfare of the City, the following uses may be recommended to the City Council as Conditional Uses: (1) Auto paint and body shop (2) Boat manufacturing (3) Fish proc%ssing (4) Food processing .. (5) Furniture manufacturing (6) Metal fabrication - (7) Meat cutting and wholesale storage ~ (8) Monument and ornamental stone cutting (9) Natural resource utility (10) Textile and clothing manufacturing (11) Toy manufacturing (12) Tobacco manufacturing (13) Warehouses (14) Welding shop ( 15 ) Woodwork in~ (16) Any other light industrial use, the operations of which are not productive of cbjectionable odors, dust, noise, fumes, smoke, gases, or vibrations. (D) MINIMU~ BUILDI~2G SITE AREA AIfD LOT' DISIENSIONS (1) Minimum Lot Dimensions 337J (a) Frontage 100 feet (b) Width o. 100 feet -- (c). Depth P~00 feet (d) Area P-0,000 square feet (2) Exceptions (a) On curving streets and cul-de-sacs, the required frontages of lots may be reduced by forty per cent (40%) provided that the center line radius of the adjacent public street is one-hundred (100) feet or less. (b) Any lot or parcel of record zoned Light Industrial which qualifies as a lot as set forth in this Code, and which does n . o.~ comply in all respects with the mJ~nimum _on dimensions specified herein may nevertheless be used as permitted and other- wise regulated by provisions applicable to this district. (E) M!i~I~.~UM BUILDING SET~ACKS The following shall be the minimum setbacks for all buildings and structures permitted and described in the LI Zoning District: (1) Front 30 feet (2) Side (interior) 10 feet (3) Side (street) 30 feet (4) Rear i0 (F) ~,~AXIk~JM PEP~,~ITTED GROU%.~-D FLOOR BUILDI_~iG AREA The total ground floor building area of all buildings and structuzes shall not'exceed fifty (50) per cent of the total lot area. (G) MAXII.K3M PE~_~ITTED BUILDING HEIGHT No building or structure may be constructed to a height exceeding thirty-five (35) feet, unless approved as a Conditional Use. (H) ON-SITE PARKING AA~D LOADI!~G REGULATIONS , See Sec. 29-7.3. (I) WALLS ALrD FENCES (1) No wall, fence, or similar structure shall be main- tained within the area at any corner street intersec-- tion at elevations the City Engineer determines will (2) Walls, fences, or similar ~tructures shall not contain any substance such as broken glass, Spikes, or nails. 1~o electrically charged fence shall be erected on any lot or parcel of land in this zoning district. (3) All areas devoted to the storage of equipment or supplies shall be adequately screened with landscaping -3- 337K pursuant to the cri%er, ia stated in Chapter 15C of this Code and shall furqher ~e enclosed by a fence or · - wall. at le~s% .six (6) feet in heig'ht, but not to ex- ceed twelve (12) feet in height. No outdoor storage of equipment or supplies sh~ll exceed the height of the enclosing wall or fence or building, whichever provides the best visual obstruction from a public right- o f-way. (J) BEAUTIFIQATION i~ND LA/~DSCAPING REQUIREk~'NTS A landscaping plan in conformance with Chapter 15C of this Code shewing location, type, and size of all plantings shall be submitted for review and approval by the Beautification Committee. (K) CONDITIONS OF OPERATION Ail operations shall be conducted wholly within a completely enclosed building, except for off-street loading and automo- bile parking. Trucks may be parked on the property if adequately screened from view in conformance with Secti'on 29-7.1 (i) (3)." SECTION 3. That any person, firm or corporation violating any of the provisions of SECTION 2 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. The remaining sections of Chapter 29, not repealed in SECTIOzN 1 above, shall remain in full force and effect. SECTION 5. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 6. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or uncon- stitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions hereof. PASSED AND ADOPTED in regular session on second and final reading on this 10th day of June. , 1974. VICE M A Y O R ATTEST: ".~.~'_Q City Clerk First Reading M~y 13,. 1974 Second Reading ~,.~' !~1 ~. 0 'i074 -4- Ord. No. 24-74. 337L RESOLUTION NO. 37-74. A RESOLUTION OF ~ CI~"f COUNCIL OF ~E CITY OF DELP~Y BEACtt, FLORIDA, RELATIVE TO THE INITIATION OF PROCEEDINGS ~REB¥ ~iE PAI~I BEACH COUNTY CO~4[~ETY ACTION COUNCIL, INC., A PRIVATE NON- PROFIT ORGANIZATION, WOUI~ BE REDESIGNATED AS A PUBLIC AGEN~fWITHIN T~IE PA~4 BEACH COUNTY GOVEP~iENT. W}~EREAS, tke Palm Beach County Community Action CounCil, Inc., a private non-profit organization has been designated by the Board of County Commissioners, Palm Beach County, Florida to administer pro- grams funded under Section 221 of the Economic Opportunity Act of 1964, as amended; and, %%TDE~P~EAS, the Federal Government in accordance with the Presi- dent's "New Fedora ' " . lmsm proposes to re%urn both the decision making responsibility and resources to local elected officials has directed that no funds will be provided to continue the Office of Economic Opportunity after June 30, 1974; and, W}~AS, fUnding under Section 221 of qbe Economic Opportunity Act for ~he core Community Action activities will terminate on June 30, 1974; and, W~EREAS, the Board of Directors of the Palm Beach County Com- Commissioners of Palm BeaCh County to be redesignated as a public agency, under the direction of Palm Beach County Government; and, ~AS, the Board of. County Co~missioners has authorized the Board of Directors, Palm ~each County Community ~ction Council, Inc., to initiate the proper and necessary procedures which could result in said agency becoming a public agency, NOW, ~REFO~, BE IT ~SOLVED BY Tt~ CI~ CO~CIL OF ~ CITY OF DEL~AY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the 'City of Delray Beach has no objection to the ?al~ Beach County Community Action Council, Inc., a private non- profit organization, being .redesigfiated .as a publiC agency under the jurisdiction and direction of the County Commission under such te~s and conditions as are agreeable to the County Commission. Section 2. That passage of this Resolution does not imply any financial support of the Palm Beach County Community Action Council,. Inc., by the City of Delray Beach. PASSED ~ ADOP~D on this 10th day of June, 1974. ,, ~C~' ,, ~ ~ AT. ST: ' ~ICE M.A Y O R 337M P~OLUT~O~., NO. 38-.74 A RESOLUTION OF THE CiTY COUNCIL OF TiIE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING NEGOTIATION OF A CITY CONTRACT FOR T_qE P~ECONSTRUCTION OF BEACH WHE~AS, it is the recommendation of the City Manager that the Council, acting by authority of provisions of Section 78 of the City's Charter, award a contract for Reconstruction of Beach Improvements as follows: 1. Construct 365 feet retaining wall and footer with two outlets to beach. 2. Construct 500 feet of 6" x 18" concrete curb from Atlantic Avenue to Mir~ar Drive. 3. Replace approximately 52,000 sq. ft. of St. Augustine Bitter Blue Sod at Atlantic Avenue to north end of beach. 4.Construct 645 feet concrete sidewalk, !0 feet wide by 4 inches thick with 6-6 x 10-10 mesh. 5. Sod approximately 26,000 sq. ft. with 2 inches muck base and St. Augustine Bitter Blue Sod, from Atlantic Avenue to Casuarina Road. 6. Reconstruct existing asphalt sidewalk to equal 8 feet wide, 4 inches compacted rock with 1 inch asphalt topping, approximately 2,580 feet from Atlantic Avenue south to Casuarina Road. Beact~ ir~provements, in the ~7~ounts of: Carr Soil & Sod, Driveweys $62.110.20 Campbell Construction Co. $61,310.00 WH~AS, Campbell Constructien Company b~ing the lowest bidder the City Engineering Office certifies to be re~son~ble; and WX~REnS, it is the Council's opinion thet the award of this contract would be in the best interest of the Clty, NOW, THE~FO~, BE IT ~SOL~D BY THE CITY CO~CIL OF THE CITY OF DELRAY BEACH~ FLORIDA, AS FOLLOWS: 1. That said contract for Reconstruction of Eeach Improvements be awarded to Campbell Ccnstruction Company, who is the low bidder in the ~ount of $61,310.00 2. That this improvement shall be funded with money from' Beach Restoration Funds. PASSED ~ND ADOPTED in regular session, this ~.~O~.~ay of ATTEST: -~ ~ct~n~ c~ty c~erk