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11-13-73
NOVEMBER 13~ 1973 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. on Tuesday, November 13, 1973, with Mayor James H. Scheifley presiding, City Manager J. Eldon Mariott, City Attorney G. Robert Fellows, and Council members Grace S. Krivos, J. L. Saunders, Leon M. Weekes and O. F. Youngblood present. 1. The opening prayer was delivered by Rev. Louise Earle of the Unity 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 Council meeting of October 22, 1973, were unanimously approved on motion by Mrs. Krivos and seconded by Mr. Weekes. 4. a. Mr. Weekes spoke of the energy crisis in the United States and asked the status of the study being conducted by the City Manager. He suggested a Resolution supporting the President's action in his effort to conserve energy. The City Manager stated he had a report on the problem; however, he stated there could be items which would need consideration by Council. Mr. Weekes moved the City Attorney prepare a resolution in support of the President's efforts for the preservation and conservation of energy during the energy crisis. Mr. Saunders seconded the motion which passed unanimously. 4.b. Mayor Scheifley read a Proclamation proclaiming the week of November 18 through 25, 1973 as Bible Week. 4. c. Mayor Scheifley read a Proclamation calling for Tuesday, November 20, 1973, to be legally declared as Primary Election day in the City of Delray Beach for two members of the City Council. 5.a. Mr. Elston H. Kussler, 731 S.W. 10th Avenue, Delray Beach, spoke from the floor asking why a dead-end street had been opened to the south near the Stewart Arms Apartments. The City Manager stated he would check into the matter and report to Council and to Mr. Kussler by letter. 5.b. Mr. John Pitts, 237 Seacrest Lane, Delray Beach, spoke from the floor requesting Council to take immediate action to stop the flow of sand from the beach to A1A. Mr. Pitts stated the situation has now the aspects of an emergency and urgently requested consideration of the problem. Mayor Scheifley replied this problem would be discussed later in the meeting. 5.c. Mayor Scheifley introduced the persons who would be candidates in the Primary Election on November 20th and the General Election on December 4th. The candidates introduced were as follows: Mr. Glenn Campbell, Mr. Maurice Power~, Mr. David Randolph, Mr. Ron Sanson, and Mrs. Grace Krivos. The Rev. Semmie Taylor was absent. 6.a. The City Manager stated Council should determine the qualifi- cations of the candidates having filed for the office of Mayor and Councilmen. He read the names as follows: For the Office of Mayor Glenn R. Campbell James H. Scheifley For the Office of Councilman Grace S. Krivos Maurice F. Power David Erle Randolph Aaron (Ron) I. Sanson, IV Rev. Semmie Taylor Mayor Scheifley asked the City Attorney his opinion as to the qualifications of the candidates as read by the City Manager. The City Attorney stated they had all followed the proper procedures and have filed their applications, legally meeting the City's requirements. Mayor Scheifley stated on April 10, 1973, the League of Women Voters, after intensive study, made recommendations to the Delray Beach City Council to amend the election laws, which recommendations are pending and are under study. He stated no one applying for candidacy could be excluded because of age or the fact they did not own property in the City since these reasons were unconstitutional. However, Mayor Scheifley stated some consideration should be given to a residency requirement. Mr. Youngblood moved the candidates as read by the City Manager be considered eligible, seconded by Mr. Saunders. The motion passed unanimously. 6.b. The City Manager reported a total of 7 clerks and 23 inspectors are to be selected for the holding of the upcoming elections. He recom- mended Council authorize the selection by the City Clerk of the persons from the following list: Thelma Goodwin Helen Elliott Charlotte Kiel Elsie Wharton Wilma E. Lewis Virginia Devlin Lina Schroedel Beverly Merritt Sara DeNeen Alfred Risker Vera Bone Gladys Risker Lyda Merrell Pearl Wright Martha DeClercq Chester Wright Mary Walker Lenora Thomas Loretta Costello L.L. Youngblood Ann Tyson Lorraine Thaddies Elizabeth Tyson Dorothy Williams Beatrice R. West Lemon Ivy Annie Rose Sloan Wm. A. Stuiber, Jr. Billy Jo Swilley Andrew Gent Ernest Scheir Perry Gish Mrs. Krivos moved the City Clerk be authorized to select 7 clerks and 23 inspectors from the list of possible appointees, seconded by Mr. Youngblood. The motion passed unanimously. 6.c. City Manager Mariott stated in compliance with the City's Code of Ordinances, Council should determine the meeting date for the can- vassing of the election returns from the Primary Election. The date is to be not more than three days after the date of the election. Mr. Saunders moved the meeting of Council to determine the election returns be held at 12:15 P.M. on November 21, 1973, seconded by Mr. Weekes. The motion passed unanimously. 6.d. The City Manager reported the terms of two members of the Housing Board of Adjustment~~ and Appeals, Jack Do Walker and Norris -2- 11-13-73 Spells have expired. He stated both gentlemen are willing to accept reappointment for a three year term ending October 12, 1976. Mr. Young- blood stated he would like to see Mr. Spells succeeded by someone else since he was in and out of the City; he further stated he felt someone should be appointed who would be able to perform the duties required by the Board. Mrs. Krivos moved that Jack D. Walker be appointed to a three year term ending October 12, 1976 to the Housing Board of Adjust- ment and Appeals and that the term of Norris Spells be left in abeyance until a workshop meeting of the Council at which time his vacancy could be discussed. Mr. Youngblood seconded the motion which passed unani- mous ly. 6.e. The City Manager reported the terms of John W. Spinner as a Regular member and Harry T. Newett as an Alternate member of the Con- tractors Board of Examiners have expired. Both of the gentlemen are willing to accept reappointment for a three year term ending October 9, 1976, should Council agree. Mr. Weekes moved Mr. Spinner and Mr. Newett be appointed to three year terms on the Contractors Board of Examiners, said terms to end October 9, 1976. The motion was seconded by Mr. Saunders and passed unanimously. 6.f. The City Manager reported the following bid was received by the City from the Adams Chevrolet Company to sell the City a pick-up truck to be used by the Public Utilities Department in a bid amount of $2,982. This is the only bid submitted to the City that fully meets all of the City specifications and it is recommended authorization be granted to purchase the truck from Adams Chevrolet Company. Mr. Saunders moved the purchase of the pick-up truck from Adams Chevrolet Company in the amount of $2,982 be approved, seconded by Mr. Youngblood, said motion passing unanimously. 6.g. City Manager Mariott reported the following bids have been received by the City to sell the City seven sedans for use in the Engi- neering, Public Utilities, Public Works, Building and Fire Departments, with one 1965 Dodge sedan assigned to the Fire Department to be traded in: Bidder Price Less Trade Net Price Hauser Dodge $23,831.86 $275.00 $23,556.86 Dan Burns Oldsmobile 27,813o00 100.00 27,713.00 Adams Chevrolet 24,700.00 200.00 24,500.00 The City Manager stated the low bidder was Hauser Dodge with a bid of $23,556.86 and recommended the award be made to Hauser Dodge. Mr. Youngblood so moved, seconded by Mr. Weekes. The motion passed unanimously. 6.h. The City Manager stated a bid was received by Rich Motors to sell the City two pick-up trucks without bodies to be used by the City's Public Works Department. A gross bid amount of $6,742.74 less trade of $200.00 with a net amount of $6,542.74 was the only bid re- ceived and it is recommended the bid from Rich Motors be accepted. It was established the type truck was an International and would be used by the street division of the Public Works Department. Mr. Saunders moved the bid be awarded to Rich Motors in the amount of $6,542.74, seconded by Mr. Youngblood, said motion passing unanimously. -3- 11-13-73 6.i. City Manager Mariott recommended two transfers of funds be made in order to balance the year-end appropriations accounts of the last fiscal year's budget. It is recommended that $5,500 be trans- ferred from the Streets, Alleys and Sidewalks account to the Professional Services City Attorney account to pay for fees paid to outside attorneys. The second transfer would involve $22,600 from the Water and Sewer Contingency Account to the Electric Current Water Treatment account. Mrs. Krivos so moved for both transfers, seconded by Mr. Youngblood, said motion passing unanimously. 6.j. The City Manager stated the following bids have been received for extension of the City's water distribution system on South Federal Highway to serve the Delray Mall Shopping Center: Bidder Bid Completion Time Gulfstream Construction Co. $ 8,050.00 60 days Inman, Incorporated 18,888.00 120 days Craft Construction Corp. 16,600.00 60 days City Manager Mariott stated the low bidder, Gulfstream Construction Company, has met all requirements and it is recommended the award be made to Gulfstream Construction Company in the amount of $8,050.00. Mr. Weekes questioned the fact that Gulfstream's bid was half of the other bids submitted. He asked if Gulfstream had perhaps made an error or could perform a satisfactory job at the price they bid. The City Manager replied he also usually questioned a bid submitted at half the amount of other bidders; however, Gulfstream is considered to be a reliable construction company and no error has been pointed out by the Company to the City in their bid. Mr. Weekes moved the contract be awarded to the low bidder, Gulfstream Construction Company, in the amount of $8,050 with a completion time of 60 days, seconded by Mrs. Krivos. The motion passed unanimously. 6.k. The City Manager recommended that Council authorize by motion publication of notification that the City has determined to sell two pieces of equipment; one - a commercial range for $100 and two - a commercial refrigerator for $100, provided valid objections are not re- ceived by the City Clerk's office prior to 5:00 P.M., November 26, 1973. The sale conditions comply with the City Charter. In answer to Mayor Scheifley's question, the City Manager stated the City Attorney had rendered an opinion that small items to be sold could not be delegated to the Administration of the City. Mr. Youngblood moved the sale of the two items be handled as outlined by the City Manager, seconded by Mrs. Krivos. The motion passed unanimously. 7.a. City Manager Mariott reported a letter had been received from Mr. Jim Hallmark, President of the Sherwood Park Civic Association, dated October 22, 1973, requesting Council action on two items. One has to do with Traffic Engineering and the other concerns street paving. It is recommended that Council refer this communication to Administra- tion for investigation and appropriate action. Mr. Saunders so moved, seconded by Mr. Youngblood. The motion passed unanimously. Mr. Weekes requested that Council be kept advised of the City Manager's response to Mr. Hallmark. -4- 11-13-73 8.a. The City Manager presented Resolution No. 53-73. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A TEN-FOOT SEWER EASEMENT LOCATED OVER PORTIONS OF LOTS 4, 5 AND 6, BLOCK 6, SILVER TERRACE AND OVER PART OF SECTION 21, TOWNSHIP 46 SOUTH, RANGE 43 EAST, DELRAY BEACH, FLORIDA. (Copy of Resolution No. 53-73 is attached to the official copy of these minutes.) The City Manager explained the Resolution concerns the aban- donment of a utility easement on the Delray Mall property that inter- feres with the location of the planned buildings. The sewer line has been installed at a different location and the owner of the land is making the proper utility easement deed to the city to cover the new location. It simply provides for abandoning the easement in one loca- tion and placing it in another. Mr. Youngblood moved for adoption of Resolution No. 53-73, seconded by Mr. Saunders. Upon roll call, Council voted as follows: Mrs. Krivos -Yes; Mr. Saunders -Yes; Mr. Weekes - Yes; Mr. Youngblood- Yes; Mayor Scheifley- Yes. 8.b. The City Manager presented Resolution No. 54-73. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, EXPRESSING OPPOSITION TO IMPLEMENTATION OF THE RECOMMENDATIONS CONTAINED IN THE "PAGE COMMUNICATION PLAN". (Copy of Resolution No. 54-73 is attached to the official copy of these minutes.) City Manager Mariott stated the Resolution opposes the trans- ferring of the responsibility for dispatching police cars from the Delray Beach Police Station to a location in the City of Boca Raton from which a total of 6 police departments' automobiles would be dis- patched. Council, in workshop, unanimously declared their intent to pass the Resolution opposing the suggestion of the Page Communications Engineers located in Ft. Lauderdale. He further stated a number of law enforcement agencies and a number of cities in the County are oppos- ing the proposed plan. Mrs. Krivos moved for passage of Resolution No. 54-73, seconded by Mr. Weekes. Upon roll call, Council voted as follows: Mrs. Krivos -Yes; Mr. Saunders -Yes; Mr. Weekes -Yes; Mr. Youngblood- Yes; Mayor Scheifley - Yes. 8.c. The City Manager presented Ordinance No. 27-73. 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, FURTHER AMENDING CHAPTER 29 "ZONING" BY ADDING A NEW ZONING DISTRICT TO BE KNOWN AS CENTRAL BUSINESS DISTRICT (CBD) AND PRE- SCRIBING THE USES PERMITTED THEREIN; AND AMENDING SECTION 29-2 "DISTRICT AND BOUNDARIES" TO INCLUDE THE NEW CBD DISTRICT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVING CLAUSE; PROVIDING A PENALTY CLAUSE. -5- 11-13-73 (Copy of Ordinance No. 27-73 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. Saunders moved Ordinance No. 27-73 be passed on second and final reading, seconded by Mr. Weekes. Upon roll call, Council voted as follows: Mrs. Krivos -Yes; Mr. Saunders- Yes; Mr. Weekes - Yes; Mr. Youngblood - Yes; Mayor Scheifley - Yes. 8.d. The City Manager presented Ordinance No. 28-73. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING" OF THE CITY'S CODE OF ORDINANCES AS AMENDED BY AMENDING SUBSECTION 29-1 (17) BY REDEFINING "DENSITY". (Copy of Ordinance No. 28-73 is attached to the official copy of these minutes.) City Manager Mariott stated the Ordinance has been passed on first reading and deals with the definition of density. Presently, the street right-of-way may be used in computing the number of dwelling units that are permissable on a plot of land; the new ordinance provides for only the area included within the confines of the private property itself to be used for the computation of the number of units that would be allowable. 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. The following persons spoke from the floor in favor of the Ordinance: Mr. Ernest Scheir, Mr. Chuck Bytheway, Mr. John Pitts, Mr. Francis P. Hogan, and Mr. Walter. Houghton. The following persons spoke from the floor against the Ordi- nance: Mr. James Jo Ritterbusch, Mr. Joe Cardin, Mr. Ken V. Kelly, Mr. N. G. Randolph, and Mr. Robert Kinkead. It was suggested by a member of the audience that it would be helpful if all the candidates present spoke for a moment expressing their views on the Ordinance. The results of their opinions are as follows: Mr. Glenn Campbell - against; Mr. Ron Sanson - for; Mr. Maurice Power~ - against; Mrs. Grace Krivos - for; Mayor Scheifley - for. Mr. David Randolph and Rev. Semmie Taylor were absent from the meeting at the time of the discussion. Mrs. Grace Krivos moved that Ordinance No. 28-73 be passed on second and final reading, seconded by Mr. Young- blood. Mayor Scheifley expressed his opinion and elaborated on the rea- sons he favored the Ordinance. Mr. Saunders expressed his reasons for being against the Ordinance. Mr. Weekes then voiced his opinion on why he was against the Ordinance. Upon roll call, Council voted as follows: Mrs. Krivos - Yes; Mr. Saunders - No; Mr. Weekes - No; Mr. Youngblood - Yes; Mayor Scheifley - Yes. The Ordinance passed with a 3 to 2 vote. -6- 11-13-73 8.e. The City Manager presented Ordinance No. 29-73. 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, FURTHER AMENDING CHAPTER 29 "ZONING" BY ADDING A NEW ZONING DISTRICT TO BE KNOWN AS MEDIUM INDUSTRIAL DISTRICT (MI) AND PRE- SCRIBING THE USES PERMITTED THEREIN; AND AMENDING SECTION 29-2 "DISTRICT AND BOUNDARIES" TO INCLUDE THE NEW MI DISTRICT;~ REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVING CLAUSE; PROVIDING A PENALTY CLAUSE. (Copy of Ordinance No. 29-73 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. Saunders moved Ordinance No. 29-73 be passed on second and final reading, seconded by Mr. Youngblood. Upon roll call, Council voted as follows: Mrs. Krivos - Yes; Mr. Saunders - Yes; Mr. Weekes - Yes; Mr. Youngblood - Yes; Mayor Scheifley - Yes. Mr. Weekes asked that a motion be made to refer the passing of the Ordinance immediately to the Planning and Zoning Board to esta- blish zoning district boundaries and come back to Council with such a recommendation at the earliest possible time. Mr. Weekes so moved, seconded by Mr. Saunders, said motion passing unanimously. 8. f. The City Manager presented Ordinance No. 34-73. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING" OF THE CITY'S CODE OF ORDINANCES BY ADDING SUB- SECTION 29-7 (A) (2) (x) PERMITTING "PET GROOMING" AS A PERMITTED USE IN THE C-1 LIMITED COMMERCIAL ZONING DISTRICT. (Copy of Ordinance No. 34-73 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. Youngblood moved the adoption of Ordinance No. 34-73 on second and final reading, seconded by Mr. Weekes. Upon roll call, Council voted as follows: Mrs. Krivos -Yes; Mr. Saunders- Yes; Mr. Weekes - Yes; Mr. Youngblood - Yes; Mayor Scheifley - Yes. 8.g. The City Manager presented Ordinance No. 35-73. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING" OF TPIE CITY'S CODE OF ORDINANCES BY AMENDING SUB- SECTION 29-4 (B) (1) PERTAINING TO ACCESSORY USES OF SINGLE FAMILY DWELLINGS. -7- 11-13-73 (Copy of Ordinance No. 35-73 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. Ernest Scheir requested an explanation of the term "accessory uses". The City Attorney read the uses involved in conjunction with single family dwellings. Mrs. Krivos moved for the passage of Ordinance No. 35-73 on second and final reading, seconded by Mr. Weekes. Upon roll call, Council voted as follows: Mrs. Krivos- Yes; Mr. Saunders- Yes; Mr. Weekes - Yes; Mr. Youngblood - Yes; Mayor Scheifley - Yes. 8.h. The City Manager presented Ordinance No. 36-73. AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA, LEVYING THE ASSESSMENTS AS SHOWN BY THE ASSESSMENT ROLL SUBMITTED BY THE CITY MANAGER OF SAID CITY, CONCERNING THE OPENING, GRADING AND PAVING OF THAT PORTION OF S. W. 7TH AVENUE FROM S. W. 6TH STREET SOUTHWARD TO MEET THE EXISTING PAVEMENT APPROXI- MATELY 300 FEET SOUTH OF S. W. 7TH STREET. city Manager Mariott reported this was a street improvement which has been constructed by the special assessment procedure and has met all requirements of the City Charter. The total amount of improve- ment costs is $16,838.50; the City will pay 20% of the cost or $3,367.70 leaving a total of $13,470.80 to be specially assessed to the benefiting abutting property owners. It is recommended Ordinance No. 36-73 be adopted on first reading. Mr. Saunders so moved, seconded by Mr. Weekes. Upon roll call, Council voted as follows: Mrs. Krivos - Yes; Mr. Saunders- Yes; Mr. Weekes -Yes; Mr. Youngblood- Yes; Mayor Scheifley- Yes. 8.i. The City Manager presented Ordinance No. 37-73. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 8-73, DATED APRIL 9, 1973, SAME BEING AN ANNEXATION ORDINANCE, BY CORRECTING THE DESCRIPTION OF CERTAIN LAND IN SOPHIA PREY SUBDIVISION ANNEXED TO THE CITY OF DELRAY BEACH. City Manager Mariott stated passage of this Ordinance will simply correct a discrepancy in Ordinance No. 8-73 by correcting the description of certain land in the Sophia Frey Subdivision subject to annexation. It is recommended that Ordinance No. 37-73 be placed on first reading. Mrs. Krivos so moved, seconded by Mr. Youngblood. Upon roll call, Council voted as follows: Mrs. Krivos - Yes; Mr. Saunders - Yes; Mr. Weekes - Yes; Mr. Youngblood - Yes; Mayor Scheifley - Yes. 8.j. The City Manager presented Ordinance No. 38-73. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH CERTAIN LAND, NAFiELY LOT 12, SECOND ADDITION TO HIGH ACRES, WHICH LAND IS CONTIGUOUS -8- 11-13-73 TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDE- FINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. City Manager Mariott reported the applicants, Roger M. and Wuaneta B. Skillman, have requested Lot 12, Second Addition to High Acres, be annexed to the City subject to R-1AA zoning which is com- patible with zoning on surrounding properties. It is recommended that Ordinance No. 38-73 be placed on first reading. Mr. Youngblood so moved, seconded by Mr. Saunders. Upon roll call, Council voted as follows: Mrs. Krivos -Yes; Mr. Saunders -Yes; Mr. Weekes -Yes; Mr. Youngblood - Yes; Mayor Scheifley - Yes. 8.k. The City Manager presented Ordinance No. 39-73. 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, FLORIDA, BY ADDING SUBSECTION 29-1 (64) WHICH DEFINES A NATURAL RESOURCE UTILITY AND BY ADDING SUBSECTION 29-3 (9) WHICH PERMITS A NATURAL RESOURCE UTILITY AS A CONDITIONAL USE IN ALL ZONES OF THE CITY; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVING CLAUSE; PROVIDING A PENALTY CLAUSE. City Manager Mariott stated passage of the Ordinance has been recommended by the Planning and Zoning Board. The Ordinance will add Natural Resource Utility to the permitted uses by Conditional Use approval in all zones in the City. It is recommended Ordinance No. 39-73 be passed on first reading. Mrs. Krivos so moved, seconded by Mr. Weekes. Upon roll call, Council voted as follows: Mrs. Krivos - Yes; Mr. Saunders -Yes; Mr. Weekes- Yes; Mr. Youngblood- Yes; Mayor Scheifley - Yes. 8.1. The City Manager presented Ordinance No. 40-73. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH CERTAIN LA~, NAMELY LOT 14, EAST HALF OF LOT 13 AND SOUTH HALF OF THE 15 FOOT RIGHT-OF-WAY NOW ABANDONED LYING ADJACENT TO AND NORTH OF LOT 14, FIRST ADDITION TO KENMONT, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. The City Manager reported the Planning and Zoning Board recammended annexation of the West ~ of Lot 13, all of Lot 14 and the South ½ of the 15 foot abandoned right-of-way adjacent to and North of Lot 14, First Addition to Kenmont Subdivision (905 Witherspoon Lane), subject to RM-15 multiple family zoning. The applicants are Judson Ro and Callie Ho Smith. Mr. Weekes moved for adoption of Ordinance No. 40-73 on first reading, seconded by Mr. Youngblood. Upon roll call, Council voted as follows: Mrs. Krivos - Yes; Mr. Saunders - Yes: Mr. Weekes - Yes; Mr. Youngblood - Yes; Mayor Scheifley - Yes. -9- 11-13-73 9.a. The City Manager reported the Planning and Zoning Board recommended that Council approve a modified site plan for The Hamlet (Phase I, Greensward Village). He stated Council had reviewed the site plan at its November 5th workshop meeting. Mr. Youngblood moved to sustain the recommendation of the Planning and Zoning Board, seconded by Mr. Weekes, said motion passing unanimously. 9.b. City Manager Mariott reported the Planning and Zoning Board at a meeting held on October 16th recommended by unanimous vote that Council approve the site plan for The Hamlet (Phase II, Tennis Develop- ment), located in the SE¼ of Section 13-46-42 and the N% of Section 24-46-42. This site plan was reviewed by Council at the November 5th workshop meeting. Mrs. Krivos moved to sustain the recommendation of the Planning and Zoning Board, seconded by Mr. Youngblood, said motion passing unanimously. 9.c. City Manager Mariott reported the Planning and Zoning Board recommended by unanimous vote that Council approve the site plan for Lakeview Greens (Phase l-B), located in the SE¼ of Section 24-46-42. The site plan was reviewed by Council at the November 5th workshop meeting. Mr. Youngblood moved to sustain the recommendation of the Planning and Zoning Board, seconded by Mr. Saunders. The motion passed unanimously. 9.d. The City Manager reported the Planning and Zoning Board by unanimous vote recommended that Council deny the request that a 201 acre tract of land located on the north side of Lake Ida Road and east of Barwick Road, lying in the E½ of Section 12-46-42, be changed in zoning from R-lA Single Family to RM-6 Multiple Family. He further stated representatives from Chatelaine had indicated their present plans call for the development of this tract of land as single family residences rather than multiple family and stated they wished to withdraw their application. The City Attorney offered the opinion the Council should sustain the recommendation of the Planning and Zoning Board. Mrs. Krivos moved to sustain the recommendation of the Planning and Zoning Board, seconded by Mr. Weekes, said motion passing unanimously. 9.e. Mayor Scheifley excused himself from the meeting to eliminate any allegation of conflict of interest concerning site plan modifica- tion of The Barrton since he maintains his residence at that location. He formally turned the meeting over to Vice-Mayor Krivos and absented himse 1 f. Vice-Mayor Krivos requested the record show that Mayor Scheifley relinquished his position on the Council for the item under discussion and would not participate. Vice-Mayor Krivos stated the discussion concerned a site plan modification for The Barrton to permit vehicular access to The Barrton via S.E. 7th Avenue at S.E. 5th Street. The following persons spoke from the floor opposing the site plan modification: Mr. Richard Owsley; Mr. W. S. Robinson; Mrs. R. C. Lawson; and Mrs. Ella Norton. The following persons spoke in favor of the site plan modification: Mr. Bob Utes; Mr. Pat Coglin, Attorney, of the firm of Alley, Maass, Rogers, Lindsay & Chauncey, Palm Beach, representing the property owners living at The Barrton; and Mr. Robert Grauch. -10- 11-13-73 193 Mr. Pitts spoke from the floor as an interested citizen questioning the reasoning of the residents of The Barrton ii1 their request for additional inq~ress and egress at the location under dis-- cussion since he felt the present arrangements for ingress and egre.'-:s provide easier and safer access and eliminate any bottleneck of traffic. Mr. Weekes asked the City Attorney his opinion as to the legality of preventing the people from using access to their property from a dedicated right-of-way. The City Attorney stated he had studied a similar case in Miami with the origina!, site plan .approval providing ingress and egress. The residents sued for ingress and egress from a side street and lost %he case in court. He stated Council had the dis- cretion to deny access from Seventh Avenue if they so wished. Considerable discussion ensued among Council members express- ing the desire to please the people of the community, but maintaining~. the best interest of the city. Mr. Youngblood moved to sustain the recommendation of the Planning and Zoning Board. Further discussion among Council followed and Vice-I4ayor Krivos asked Fire Chief Cock to speak concerning the opinion of the fire department as to the safer!' aspects of the ingress and egress for fire equ' · · pmenu Ilo stated he felt the original fire lane should remain as it is at present, which was the initial purpose of the ~ ' ~ .... _ . mr m~ ~. ,,, =y in cuestion. [dr ?[eekes seconded the motion to sustain the Planning and Zening Board's rec- '~. lan modification. The motion passed commendation to deny the sm=_ p un an imou sly. 10.a. The following Bills for Approval were unanimously approved for payment on motion by ~' . ,,~r. Weekes and seconded by Mr. Youngblood General TM .... ~ ~264 2a .... Water and Sewer Fund ............... 859.80 Improve.merit Trust Fund ............. 1,756.28 Beach Restoration Fund ............. 46.50 Lowson Blvd~ W&S Project Fund ...... 304,657.92 ].O.b.1. City Manager Mariott reported on progress with the Depart- ment of Transportation in the City's attempt to have that organiza- tion resurface the north port, on. _ _ of AiA. He stated a representative from the t-, ........ ' .~eparumen.~ of ~l~ra~s~ort'at~on h~.d informed him they were in the process o~ moving ~ ~"~ ~'- .. =~a~men~ onto the ~orth end of A1A to do the resurfacing recdired. City ~,~anager ~].lou;. stated he had been told the wor'k would begin November 14. }!e then stated that prior to the pumping of the sand onto the beach, designs had been instituted that would be an adjunct to the ccmplete project, i,e., sprinkler systems, water lines, sodding, trees, sidewalk, repairs of retaining walls, etc. These items are in the process of being completed; however, the Department of Transportation failed to construct the drainage facili- ties required prior to the time the City completed the above mentioned improvements. One aspect of the beach completion is the putting in place some sort of obstruction to retain the sand. The City had de- signed a concrete retaining wall which would help to retain the sand on the beach. A low bid has been received of $69,625 which was re- ported to Council The decision was made to secure a ................ u .... ~ of a landscape architect prior to coDshruction of such a wall. City Manager Mariott stated he had been informed it would be approximately two ~'eeks before the landscape 'rchitect coul. d give his recommend~- tion as to how a beautification program would fit into the construc- tion of a concrete sandscrcen wall. The terms of the bid s[}ecifica- tion for the wall provides the City may hold the bidder responsible -11- 194 for his bid for a period of 30 days following the opening of the bids, which period expires on Noven-~ber 17th. This date is prior to the time the recommend(.)tions of the landscape architect may be forthcom- ing. The low bidder has refused to e×tend the time in-volving his bid for construction of the wall. They recommended that the award for the cons~ruchion not be given at this meeting in order to coordinate all aspects of the completion of the project. He stated to minimize, at present, the blowing of sand the City was attempting to locate some snow-fencing which could be quickly erected and would be terapo- rary until final decisions could be made. Considerable discussion ensued among Council resulting in agreement that a need to confine the sand exists, but the City should not needless].y spend money prior to examination of the possibilities of a final solution which would best serve the problem. Mr. Glenn Campbell agreed to withdraw his bid for construc- tion of the sandscreen, which was the low bid, and the City Manager recommended all bids received be rejected for the present time. Mr. Weekes so moved, seconded by Mr. Youngblood. The motion passed unanimously. Mr. Pitts spoke from the floor supporting Council's conten- tion that no one expected the sand to be of such a quality that wind could create the present problem. He recommended Council approve the installation of snow-fencing on a temporary basis. 10.b.2. Mrs. Dorothea Montgomery spoke questioning the possibility of instal!ation of additional traffic lights in the area of the Delray Shoppinq i',.~a!! and a get:era! survey of the situation on South Federal }Iig]-~'~..~ay. '~he Ci'~y Manager replied permission has been received from the Department of Transpor'tation for installation of certain traffic lights on South Federal Highway. The meeting adjourned at 10:30 P.M. ] !-13-73 I I Ill l I [ Ill I I I I ,l[tlll,il [[t[[ 194A RESOLUTION NO. 53-73. A RESOLUTION OF THE CITY COUNCIL OF TIIE CITY OF DELRAY BEACtt, FLORIDA, VACATING AND ABANDONING A TEN-FOOT SEltZER EASEMENT LOCATED OVER PORTIONS OF LOTS 4, 5 AND 6, BLOCK 6, SILVER TERPuACE AND OVER PART OF SECTION 21, TOWNSHIP 46 SOUTH,. PeXNGE 43 EAST, DELRAY BEACH, FLORIDA. WHEREAS, Ellis Chingos joined by his wife, Karin Chingos, have made application to the City Council of the City of Delray Beach, Florida, to vacate a 10-foot wide Sewer Easement located over a portion of Lots 4, 5 and 6, Block 6, Silver Terrace, accord- ing to the Plat thereof, recorded in Plat Book !1, Page 61 of the Public Records of Palm Beach County, Florida; and over part of Section 21, Township 46 South, Range 43 East, Delray Beach, Florida; and, WHEPdEAS, said easement is desired to be relocated, and this Resolution shall be understood to be effective only at such time as the City has been furnished a 10-foot wide Sewer Easement located over portions of Lots 4, 5 .and 6, Block 6, Silver Terrace, according to the Plat thereof, recorded in Plat Book 1!, Page 61 of the Public Records of Palm Beach County, Florida; and over part of Section 21, Township 46 South, Range 43 East, Delray Beach, · Florida; and A ten-foot wide strip of land, the centerline of which, being more particularly described as follows: Cum,m~nc~ at the- ~orthw~st co~n~r of Lot 6, SILVER TER_,~ACE, according to the Plat thereof recorded in Plat Book 1!, Page 61, of the Public Records of Palm Beach Couhty, Florida; thence run South 0°37'55" West, 19.43 feet along the west line of said Lot 6 to the Point of Beginning; thence run South 51°37'35" East, 31.74 feet to a point; thence run South 0°38'55'' East, 249.53 feet to a point; thence run South 81°10'20'' East, 397.48 feet to a point; thence run South 51°52'10'' East, 265.97 feet to a point on the West right-of-way line of State Road No. 5 (U.S. Highway No. 1), said point being the termination of herein described easement. NOW, T~EREFORE, BE IT RESOLVED BY T~IE CITY COUNCIL OF TI{E CITY OF DEL?LAY BEACH, FLORIDA, AS FOLLOWS: That pursuant to Paragraph Three of Section Seven of the City Charter of the City of Delray Beach, Florida, we hereby declare abandonment of the following easement referred to herein- before and described as follows: 1. An easement 10 feet in width, lying mn Lot 6, Block 6, of the Plat of Silver Terrace, Delray Beach, Florida, as recorded in Plat Book II on Page 61 of the Public Records of Palm Beach County, Florida, said easement being more par- ticularly described as follows: - 1 - 194B Co~nencing at the Southwest corner of said Lot 6, bear North 00o18'43" East, along the West line of said Lot 6, a distance of 17.91 feet to the point of beginning; thence continue North 00o18'43" East, a!cng the West line of Lot 6, a distance of 12.60 feet; thence South 52°11'17'' East, a distance of 49.33 feet to an intersection with the South line of said Lot 6; thence South 89°36'13'' West, along the South line of Lot 6, a distance of 16.17 feet; thence North 52°11'17" West, a distance of 28.95 feet to the point of beginning. 2. An easement 10 feet in width, lying in Lot 5, Block 6, of the Plat of Silver Terrace, Delray Beach, Florida, as recorded in Plat Book 11 on Page 61 of the Public Records of Palm Beach County, Florida, said easement being more particularly described as follows: Conunencing at the Southeast corner of said Lot 5, bear South 89°36'13'' West, along the South line of said Lot 5, a distance of 6.73 feet to the point of beginning; thence continue Westerly, along the same course, a distance of 16.17 feet; thence North 52o11'17'' West, a dista½1ce of 80.82 feet to an intersection with the North line of said Lot 5, thence North 89o36'13'' East, along the said North line of Lot 5, a distance of 16.17 feet; thenCe South 52°1].'17" East, a distance of 80.83 feet to the point of beginning. 3. An ease~-~ent !0 feet in ~.,~idth, lying in Lot 4, Block 6, of the Plat of Silver Terrace, Delray Beach, Florida, as recorded in Plat Book 11 on Page 61 of the Public Records of Palm Beach County, Florida, said easement being more par- ticularly d. escribed as follows: Conu-nencing at the Northeast corner of s~id Lot 4, bear South 00°18'43'' West, along the East line of said Lot 4, a distance of 5.25 feet to the point of beginning; thence continue Southerly along the same course a distance of 12.60 feet; thence North 52°11'17'' West, a distance of 28.86 feet to an intersection with th6 North line of said Lot 4; thence North 89°36'13'' East, along the said North line of Lot 4, a distance of 16.17 feet; thence South 52o11'17'' East, a distance of 8.48 feet to the point of beginning. 4. An easement 10 feet in width, lying in the South- west Quarter (S.W.-~') of Section 21, Township 46 South, Range 43 East, Delray Beach, .Florida, be- ing more particularly described as follows: Conur~ence at the Northeast corner of Lot 4, Block 6, as shown on the Plat of Silver Terrace, Delray Beach, recorded in Plat Book 11 on page 61, Public Records of Palm Beach County, Flsrida; bear South 00°18'43'' West, along the East line of said Lot 4, a distance of 5.25 feet to the point of be- binning; thence continue Southerly, along the same - 2 - 194C course, a distance of 12.60 feet; thence South 52°11'17" East, a distance of 665.88 feet, more or less, to an intersecti©n with the West right- of-way line of Florida State Road No. 5 (U.S. Highway No. 1) as present.ly laid out and in use; thence Northerly along said right-of-way line a distance of 10 feet, more or less, to an inter- section with a line 10 feet Northerly of and parallel with the Southeasterly course afore de- scribed; thence North 52°11'17" West, along said parallel line, a distance of 672.53 feet, more or less, to the point of beginning. PASSED AND ADOPTED this 13th day of Nov. , 1973. ATTEST: City Clerk - 3 - 194D RESOLUTION NO. 54-73. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELF~AY BEACIt, FLORIDA, EXPRESSING OPPOSITION TO IMPLEMENTA- TION OF THE RECO~ENDATIONS CONTAINED IN THE "PAGE COmmUNICATION PLAN". WHEREAS, the Division of Communications of the State Depart- ment of General Services has, pursuant to Florida Statutes Section 287.29, caused to be prepared the "Page ComMunication Plan" which would, if implemented, completely reorganize the present system of law enforcement co~nunications utilized by all municipalities in Palm Beach County; and ~4q~EREAS, the said plan would establish four regional communi- cations centers to serve all of Palm Beach County; and WHEREAS, the plan calls for the City of Delray Beach to be served by a communications center to be located outside the corpo- -rate limits of the City; and ~HEREAS, the anticipated additional co~t of the operation of said plan has not been justified to the Delray Beach City Council; and WHEREAS, it is the judgment of the Delray Be~ch City Council th-at pi. acing the operation of the con~unicatio~:s system under the control of others as set forth by the plan would result in law en- forcement service inferior to that presently enjoyed by the citi- zens of Delray Beach; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH: Section 1. That the City of Delray Beach hereby expresses its firm opposition to implementation of the presently proposed "Page Communication Plan" in Palm Beach County. Section 2. That a copy of this resolution be furnished the Division of Communications of the Department of General Services of the State of Florida, the Governor, the Florida League of Cities, the Palm Beach County Municipal League, the State Department of Law Enforcement, and all members of the Palm Beach County Legislative Delegation. PASSED AND ADOPTED by the City of Delray Beach, State of Florida, this !3th day of Neven~er , 1973. 194E · E . OFdDINANC~ NO 27--73. AN ORDINANCE OF THE CITY COUNCIL OF TIIE CITY OF DELP~Y BEACH, FLORIDA, ~4ENDING CILAPTER 29 "ZONING" OF ~-IE CODE OF ORDINANCES OF TIrE CITY OF DELP~AY BEACH, AS AHEN~DED, FUR%'I~R AHENDING C}IAPTER 29 "ZONING" DY ADDING A kZEW ZONING DISTRICT TO BE KNOWN AS CENTIQ~L BUSINESS DISTRICT (CDD) ANti PRE- SCRIB!?[G Ti.~E USES PEI~4ITTED T}LEREIN; ANTD AI4EN~D!NG SECTION 29-2 "DISTRICT A}~ BOrl~DARiES" TO INCLUDE TttE NEW CED DISTRICT; REPEALING ALI, ORDINANCES OR PARTS OF OP~DiNANCES iN CONFLICT HEREI\:iTH; PROVIDING A SAVING CLAUSE; PROVIDING A PENALTY CLAUSE. WHEREAS, the Planning and Zoning Board has recommended the adoption of a new zoning district to be kno~.an as the Central Business District (CBD) which district is to include the area taxable by the Delray Beach Do~,aato%.zn Development Authority; and, ?~qEREAS, the City Administration concurs in said. recommendation; and, ~',~HEREAS, the City Council of the City of Delray Beach, Florida, has determined that such changes should be made, NOW, THEREFORE, BE IT OPDAINED BY 57IE CI'IIz COUNCIL OF THE CITY OF DE LF~Y ............. A S ~ ~' ........ SECTION ].. That the Code of the City of Delray Beach, Florida, as amended, be further amended by adding the following section to Chapter 29 "Zoning": Section 29-6.3. CENTRAL BUSINESS DISTRICT (CBD) (n) PURPOSE The purpose of this zoning district is to preserve and develop the character of the business as presently conducted within the boundaries of the Do%~mtown.Development Authority as set forth in the Act creating the Authority in Special Acts of Florida, 1971, as amended. It is also intended that in this District, off-street parking requirements and set- backs may be modified under certain conditions. (B) USES PERMITTED Within the Central Business District, all businesses shall be conducted wholly within a completely enclosed building except restaurants and parking and no building, structure or land shall be used except for one or more ~f the following purposes: (1) Retail drugstore (2) Retail hardware, paint and garden supply (3) Retail variety store (4) Retail department store 194F (5) Retail apparel and accessories (6) Retail specialities; toys, sewing equipment, music supplies, camera, gifts, phonographs, stationery, books, luggage., flowers and similar uses (7) Retail newsstand (8) Retail furniture, appliance and accessories (9) Retail small appliances (10) Restaurants and delicatessens, excluding drive-in facilities (ll) Cocktail lounges, bars and package stores (subject to the alcoholic beverage provisions of this Code) (12) Indoor theaters (13) Au tom. otive parts (14) Financial institutions with drive-in facilities (15) Financial, insurance and real estate services (16) Personal services (17) Business offices (18) Professional-offices consisting of accountants, archi- tects, athornel,,~s, chiropractors, dentists, engineers, landscape architects, naturopaths, opticians, optome- trists, osteopaths, physicians and surgeons, podiatrists and psychologists (19} Repair services; small items, shoes, apparel, TV and radio, business machines and similar uses (20) Hedical laboratories and clinics (21) Printing and publishing (22) Parking let er storage garage for parking purposes (C) CONDITIONAL USES As prescribed herein nnd in oth,-,r sections of the Code and after the review of the application and plans appurtenant thereto and hearing thereon, if the City Council finds as a fact after recorF~mendation from the Planning Board that the proposed use or uses are consistent with good zoning prac- tice not contrary to the Land Use Plan, and not detrimental to the health, safety and general welfare of the City, the following may be authorized as Conditional. Uses: (1) Multiple dwelling units as permitted in the residential zoning classifications, except that all multiple units, which shall include hotels, motels and apartments, are subject to site plan approval and' shall conform to the set-back lot coverage and other requirements as provided in the RM-20 zoning- classification. The off-street - parking requirements for multiple dwelling units shall be as provided in Sec. 29-7.3, regardless of the other provisions of this section. (2) Communications and utility establislunents. (3) Social, fraternal and recreational clubs and lodges. (4) Retail food an~ grocery stores. (5) Service stations without major repairs. (6) Any retail use in which there is no processing or treat- meat of materials, foods or products, and which is not the source of objectionable odors, noises, fumes, smoke, gases or vibrations. -2- Ord. No. 27-73. 194G (D) MINIMUM BUILDI~[G SITE AREA A~D I,OT DIMENSIONS No minimum requirements except for multiple units as set forth in (1) above. (E) MINIMUM BUILDING SETBACKS The following shall be the minimum building setbacks for all buildings or structures permitted and described in this Section: (1) Minimum Building Setbacks for buildings. (a) Front - Ail commercial buildings shall be set back ten (10) feet from lot line. (b) Side (interior) - None. (c) Side (street) -Ten (10) feet. (d) Rear - Ail commercial buildings shall have a rear setback of ten (10) feet. (2) The setbacks provided in Subparagraphs (a) and (c) may be increased or decreased by Conditional Use (site pt~n approval as prescribed in Sec. 29-7.4). (F) ~4AX_i'.'~LF?i BUILDI~.~G t~EIGHT NO building or structure may be erected, constructed, con- verted, established, altered, or enlarged to a height exceeding forty (40) feet to the roof line, except by Conditional Use (site pi. an approval as prescribed in Sec. 29-7.4), provided, however, that no special exception shall be granted wlnich would allow building to exceed a height of one hundred twenty- two (122) feet. (G) MINIMUT~I OFF-STREET PARKi!~G REQUIPd~LIENT (1) The General Parking Regulations as set out in Subpara- graphs A, C and D of Sec. 29-7.3, Off-Street Parking and Loading Regulations shall apply. (2) There shall be provided at the time of the erection of any main building or structure or.. at the time any main building or structure is altered, enlarged or increased in capacity by adding dwelling units, guest rooms, floor area or seats, minimum off-street automobile parking spaces. (3) Minimum parking spaces required for enlarged or increased capacity but not for alterations: . . (a) Restaurants and bars, one space for every four seats, plus one space for every three employees. (b)Churches, theaters and places of public assembly, one space for every four seats. (c) All others, one space for each three hundred (300) square feet, or fraction thereof, of the total floor area. -3- Ord. No. 27-73. 194H (4) Parking spaces for all multiple dwelling units (including motels, hotels and apartments) sha].l be located on the same lot with the main building to be erected. (5) Parking spaces for other than dwelling Units sha].l be located on the same lot or within six hundred sixty (660) feet of the property line When provided, by the owner. (6) The design and screening of all parking areas shall be subject to other provisions of this Code, except that in site plan approval situations the Council can modify and/or lessen said requirements. (H) ALTERNATE OFF-STI~EET PAPJ<IATG REQUIREMENTS (1) In the event the owner is unable to provide the required number and area for parking space for other than dwelling units, then the oYn%er, if he so elects, may pay into the Do%,n~town Development Authority a sum of money, to be determined as hereinafter set out, in lieu of the parking area shortage. Such payment shall be in place of the parking requirements needed as set out in G(3) above. (2) The cost per parking space shall be the total of a square foot assessed value of the property as per formula plus $3.00 per square yard of parking space required. In computing the amount for the assessment portion, the .square footage of the land shall be divided into the Palm Beach County assessments on such land, excludfng ~m~m~e~ ~h~ ~ ~n~ ~O~ ~e~sm~n~ figure shall then be multiplied bt, two hundred (200) for each parking area required, but shall be at least $500.00. (3) Payment is to be made before a certificate of occupancy shall be issued. (I) INTENT AS TO VAR!AifCES The Board of Adjustment has heretofore been granted the privi- lege to grant variances to property o%.~ners in cases of hardship when not contrary to the intent of city ordinances. Due to the unique provisions of this section, it is hereby declared to be the intent of the city Council that no variances be granted by the Board of Adjustment when such would lessen the number of parking spaces or set-backs as required hereunder (J) SIGNS AL~ ADVERTISING COPY See other provisions of this Code relating to Signs. SECTION 2. That the Code of the City· of D~lra~ Beach, as amended, be further amended by amending the first paragraph of Subsection 29-2 "Districts ~.nd Boundaries" of Chapter 2Q "Zoning" to read as follows: Sec 29-2 Distr~ ~ - Desicnated; zoninq mad . ..ct~ ~d Boundaries ~3]oj~ted; rules for de'termininq boundaries where ~ncerta~ exis t,.s. -4- Ord. No. 27-73. 194I In order to regulate and limit the ]]eight and size of buildings; to regulate and limit the intensity of the use of lot areas; to regulate and determine the areas of open spaces within and surrounding buildings; to classify, regu- late and restrict the location of trades and industries; and the location of buildings designed for specified industri~..1, business, residential and other uses, the City of Delray Beach, Florida, is hereby dmvided into districts known as: R-iAAA Single Family' Dwelling District R-1AAAB Single Family Dwelling District R-1AA Single Family Dwelling District R-1AAB Single Family Dwelling District R-iA Single Family Dwelling District RM-6 Multiple Family Dwelling District RM-10 Multiple Family Dwelling District RM-15 Multiple Family Dwelling District RM-20 Multiple Family Dwelling District NC Neighborhood Commercial District CC Community Commercial District SC Specialized Commercial District CBD Central Business District C-1 Limited Commercial District LI Light Industrial District HI Heavy Industrial District INTERIM Interim Zoning District SECTION 3. That any person who violates the provisions of SECTIONS 1 and 2 above st'all, upon conviction, be punished as provided in Section 1-6 of the Code of Ordinances of the City of Delray Beach. SECTION 4. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 5. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. PASSED AN~ ADOPTED in regular session on the second and final reading on the 13th day of November , 1973. First Reading: October 22, 1973. Second Reading: November 13, ]973 Ord. 194J ORDINANCE NO. 28-73. AN ORDINANCE OF THE CITY COUNCIl, O[~' TIIE CITY OF DELP~'IY BEACII, FLORIDA, AMENDIN'G CILAPTER 29 "ZONING" OP Tile CITY'S CODE OF ORDINANCES AS ~ENDED 13Y AMENDING SUBSECTION 29-1 (17) BY REDEFINING "DENSITY". ~rlEREAS, the Planning and Zoning Board has recommended a new definition for "dens'ity"; and, WHEREAS, the City Administration concurs in said recommenda- tion; and, ~%rHEREAS, the City Council of the City of De].ray 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 Code of the City of Delray Beach, Florida, as amended,' be further amended by amending the following subsection of Chapter 29 "Zoning" to read as follows: Sec. 29-1 Definitions (17) DENSITY. In multi-family ~ones, zonin~ dis- tricts, density is the ratio of the number of units in relation to the greu~d- area included shal~ ~e-cempueee by-a~dLng ene-ha~f-(~)-o6 ehe Pighe-ef-way-a~uet6ng ehe preperey7 Due ~oe eo-eHcee~ ~iSty-ehmee ~eet ~5~'~,-te ehe eoea~ area-invelve~. Section 2. That all ordinances or parts of ordinances in con- flict herewith be and the same are hereby repealed. Section 3. That should any section or provision of this ordi- nance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. PASSED AND ADOPTED in regular session on second and final read- ing on this 13th day of November , 1973. A[ 2ES T: city Cl r / First Reading Second Reading ..... November 13, 1973 194K O1U_)IN/XNC'J,] NO. 29-73, AN ORDINANCI:] 0[: TiIE CITY CO[TNCJI.., OF TIIE (]lTV OF "ZONING" OF Tile CODE Oil OiII)INANCES O1: TlfE CITY OF DELI'lAY ' p '~ ' _ . . t i' , ,~ ]:,Lz~(.t{, AS AAIENDED, FU[ITI'IER AI_LNDING CHAPTER 29 "ZONING" BY ADDING A NEW ZONING DISTHICT TO I3E KNOWN AS MEDIUM INDUST]~IAL DISTRICT (xrI) AND P~ESCRIBING TIlE US~S PER21ITT>iD TtlEREIN; AND AMENDING SECTION 29-2 "DISTRICT AND BOUNDARIES~ TO INCLUDE Tile NEW MI DISTRICT REPEALING ALL ORDINANCES Og PANTS OF ORDINANCES IN CONFLICT HEREWITH; PI~OVIDING A SAVING CLAUSE; PROV~iNG A PENALTY CLAUSE. WHEREAS, the Planning and Zoning Board has recommended the adoption of a new zoning district to be known as the Medium Industrial District (MI); and WItEI{EAS, the City Administration concurs in said recommendation; and WHEREAS, the City Council of the City of Del?ay ]Beach, Florida, has z ' d determine that such changes should be made, NOiV, THEREFORE, BE IT ORDAIN~ZD BY THE CITY COUNCIl_, OF THE CITY OF D.ELRAY BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That the Code of the City of Delray Beach, Florid:a, as am eDded~ be further amended by adding the followina section to Chapter 29 /~omng Section 29-?.01 MEDIUM INDUSTRIAL DISTRICT (MI) " (A) P URP OSE The Medium Industrial District is intended to provide an area : for industrial or manufacturing plants, the operations of which are not productive of objectionable odors, dust, noise, fumes, ?' smoke, gas es, or vibrations. ,', '; (B) USES PERMITTED "': (1) Any business or establishment of a wholesale or service !i type. i~ (2) Automobile and parts facilities or yards, excluding new i, or us ed car sales. ': (3) Concrete block, redimix concrete and concrete products ~' manufacture. : (4) Contractops storage and equipment yards or buiid/nf;'s. (5) Lumber, building supplies, millwork sales and storage. ~ (6) Storage warehouse. ,~ (7) Trade shops includ/n~ those o£ tinsmith, cabinetmaker, :' truss manufactuuJn.~', sheet inc, tal and roofJ,]r,' ; (8) Truck terminals and .storage facilities. 194L (9) Any et:lie? medium indusirial use, the operations; of widch are not t)rcxluciive et ob,~ectJonablc odors, du~t, noise, fumes, smoke,g-,'as~, cs, or vibrations. (C) CONDITiONAl, ~s prescribed herein and in Section 29,7.4, and after the review of the application and plans appurtenant thereto and hearing thereon, the P].annin2' and Zolfing Board finds as a fact that the proposed use 0r uses are consistent with good zbnin~'[ practice, not contrary to the Land Use Plan, and not detrimentalto the health, safety, and ~eneralwelfare of thc City, the following may be recommended to the City Council as Cond?~ional Uses. . (1) Any use permitted in the LI Light Industrial Zoning District. (2) Fertilizer sales, except compost heaps. (3) Veterinary clinics and kennels, no on site disposal of carcass es (4) Laundry, dyeing and dry cleaning establishments (not retail). (D) BUILDtNG c, .... Nobui]ding or portion ~hereof shallbe erected, constructed, converted, established, altered, enlarged o~' used in any comply with the following regulations: ('1) Minimum Lot Dimensions ~: (a) Frontage 100 feet (b) ~Vioth iO0 feet (c) Depth 200 feet (d) ~ca 20,000 square feet (2) Exceptions (a) On curving street5 and cul.-de-sacs, the required frontages of lots may be reduced by forty per cent (40~5) provided that 4the centerline radius of tile' adjacent public street (100~) or less. (b) Any lot or parcel of record zoned Medium Industrial which qualifies as a lot as set forth in this Code and which does not comply in all respects with the nlinimum lot dimensions ;: specified herein may nevertheless be used as ,, permitted and otherwise' regulated by the provisions applicable to this district. MINIM UM B L~LDING S77f']3ACKS .~ha.1 be the minimum building setbacks for all The following ~ buildings ov structures permitted and described in this Section: (1) Front 40 feet (2) Rear 10 fcct (3) Side (Interior) 7.5 feet 6t) Side (:~L'cct) 15 feet 194M (F) MAXIMUM PERMITTED GROUND FLOOR BUILDING AREA The total ground floor building area of all buildings and structures shall not exceed fifty per cent (50~,~) of total lot area. (G) MAXIMUM PERMITTED BUILDING HEIGHT (1) No building or structure may be constructed to a height exceeding thirty-five feet (35') . EXCEPTION The provisions of this section regarding building height shall not apply to: conveyors, cooling towers, shafts, enclosures for mechanical e~uip- ment, flag poles, .radio and television towers, tanks, bins and silos. (H) PARKING AND LOADING REGUL.~TIO~S See Section 29-7.3 WALLS AND FENCES In any MI Medium Industriai Zoning 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 maintained within the area at any corner street intersection at elevations the City Engineer de- termines will obstruct visibility. (2) Walls, fences, or similar 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 storage of ecuipment or supplies shall be adequately screened with land- scaping pursuant to th~ criteria stated in Chap- ter 15C of this Code and shall further be enclosed by a fence or wall at least six (6) feet in height, but not to exceed twelve (12) feet in height. No outdoor storage of merchandise, material or equipment shall exceed the height of the enclos- ing wall or fence or building, whichever provides the best visual obstruction from a public right- o f-way. BEAUTIFICATION AND LANDSCAPING A landscape plan in conformance with Chapter 15C of this Code showing location, type and size of all plant- ings shall be submitted for review a' ~ approval by the Beautification Committee Ord. No. 29-73. 194N SECTION 2. That the Code of the City of Delray Beach, as amended, be further amended by amending the first paragraph of Subsection 29.2 "District and Boundaries" of Chapter 29 "Zoning" to read as follows: Sec. 29-2 Districts and boundaries - Desiqnated; zon- _ing mad adopted; rules for determining boundaries where uncertainty exists. In order to regulate and limit the height and size of buildings; to regulate and limit the intensity of the use of lot areas; to regulate and determine the areas of open spaces within and surrounding build- ings; to classify, regulate and restrict the location of trades ~.na industries; and the location of build- ings designed for specified industrial, business, res- idential and other uses the City of Delray Beach, Florida, is hereby divided into districts known as: R-1A~A Single Family Dwelling District R-1AAAB Single F~nily Dwelling District R-1AA Single Family P~elling District R-1AAB Single Family Dwelling District R-lA Single Family Dwelling District P~M-6 Multiple F~mily Er~elling District RM-10 Multiple Family Dwelling District R~4-].5 Multiple Family I~elling District RM-20 Multiple Family Dwelling District NC Neighborhood Co~,ercial District CC Com~munity Com~nercia! District SC 'Specialized ..... iai '-'~' ' ~o~,~ r~ ~ ~ s tr i ct CBD Central Business District C-1 Limited Commercial District LI Light Industrial District MI Medium Industrial District HI Heavy Industrial District INTERIM Interim Zoning District SECTION 3. That any person who violates the provisions of SECTIONS 1 and 2 above shall, upon conviction, be punished as pro- vided in Section 1-6 of the Code of Ordinances of the City of Delray Beach. SECTION 4. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 5. That should any section or provision of this or- dinance or any port,on thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to }De invalid, such decision shall not a_fec~ the validity of the remainder hereoz as a whole or part ~he_eof other than the part declared to be in- valid. Ord. No. 29-73. 1940 PASSED AND ADOPTED in regular session on second and final reading on this the 13th day of November , 1973.· ATTEST: .. City Cle~ First Reading. 0GI~ ~ ~973 ~ Second Reading November 13, 1973 Ord. No. 29-73. 194P ORI.)INANCi: NO. 34-73. AN' Ot~DINANCF, OF Till)] CITY CO[IN'CIL OF T]IE CITY OF "ZONING" OF T}IE ADDING SI~,~C].]O~ 29-7 (A) (~) (x) 1~I~1.~5111 IL~G "PET . ~II GROOMING" AS A PEI{., .... ED U,_]., IN TItE C-1 LIMITED COMMLRCIAL ZONING DIS% ~IC.V. WHERLAS, th.e Planning & Zoning Board has recommended adding "Pet grooming" ' as a permitted use in the C-1 Limited Commercial Zoning District, and WHEREAS, the City Administration concurs in said recommendation, and the 'City Council of the City of Detray Beach, Florida, has determined that such addition should be made, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL THE CITY OF DEL.,ItAY BEACH, FLOi%IDA, AS FOLLOWS: Section 1. That lhe Code of the City of Delray Beach, Florida, as amended, be further amended by adding subparagraph (x) "Pet grooming" so that subsection 29-7 (A) (2) as amended shall read as follows: Sec. 29-7. L!},}YI'ED CO)iix. IERC~-AL DISTRICT(C-.1.).' ' ' (A) USES PJ.~LMITTED (2) Any retail business or commercial use in which there is no processing or treatment of materials, goods or products except as provided for, including: (a) Appliance stores including radio and television s ervic e. (b) Art, antique or gift shop. (c) Bakery, where products made on the premises only are sold at r~tail. (d) Bank, drive-in bank and olher financial institutions. (e) Book, news, stationery, photographic supply store. (f) Bicycle sales and repair. (g) Barbershop, beauty shop, chiropodist, masseur. (h) Cafe, restaurant, tea room. (i) Wearing apparel., furnistzings for men, women and children, including shoes, furriers, modiste, millinery. (j) Drug, confectionery, ice cream, sundries and variety stor es. (k) Florist s}~op. (1) Furniture, home fur'nishings, interior decorator including office furnitm:e, supplics and equipm ont. (m) Fruit store, delicatessen and caterer. (n) Itardwarc, sl~or'tin~; [~oods and lu2'gaac store. 194Q' (o) Jewelry store. (p) Laundry and dry cleaning pick-up stations. (q) Music store. (r) O£fice, real estate, brokerage and professional. ~ (s) Photographic studio. (%) Shoe repair shop. (u) Auto~notive parts, retail only. (v) Cockiail lounges, bars, and package stores (subject to Chapter 4). (w) Laund romats. · (x) Pet F~l_O~om ing Section 2. That all-ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 3. That sho~ld any section or provision of tkis ordinance or any portion thereof, any paragraph, sentence or word be declared by a cour~ 'of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. PASSED AND ADOPTED in regular session on second and final r~n~ ~n %his the ].3th ~nxr ~F ~ovem%er 1973 ATTEST: City Cler~ ~irst Reading: Socond Reading: Novembor 13, 1973 -2- Ord. N~.34-73. 194R ORDINANCE NO. 35-73. AN OtUDINANCE OF THE CITY COUNCIL OF T~E CITY' OF DELPJiY BEACH, FLORIDA, A~fENDING CHAPTER 29 "ZO'~'[" IN~" OF THE CITY'S CODE OF ORDI!~ANCES EY A~CENDING SUBSECTION 29-4 (B) (1) PERTAINING TO ACCESSORY U~ES OF SINGLE FAMILY D~%~LLINGS WHEILEAS, the Planning and Zoning Board has recommended amending accessory uses of single family dwellings; and, WHEREAS, the City Administration concurs in said recom- mendation; and, Wt~REAS, the City Council of the City af Delray Beach, Florida, has determined that such change should be made, NOW, ~EP~EFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: S~, i ~-~- ~-~'~ Codc of the C~., of n~ · . .i Florida, as ~men~ed, be further amended by amending the follow- ing subsection of Chapter 29 "Zoning" to read as follows: i~ Sec. 29-4 R--1AAA, R-1AAAB, R-1AA, R-1AAB and i! R-IA Single Family Dwelling Districts. ! (B) USES PEPdvl ITTED Within any R-1AAA, R-1AAAB, R-1AA, R-1AAB and R-lA Single Family Dwelling District, no building, structure or land or water shall be used except for one or more of the following uses: ~:. (1) Single family dwellings and their customary ;! accessory uses an~ st~uet~res7 including :~ _q~_~r_a._ges, tool sheds, workshops, storage sheds, '" greenhouses, slat houses, dog houses and dog ~ runs, bird aviaries, pu__q~_~ houses, swimming ~ pools, pool houses and covers, playhouses, ii guest cottages, bo~t docks, and other recrea- tional facilities. Section 2. That all ordinances or parts of ordinances in 194S conflict herewith be and the same are hereby repealed. Section 3. That should any ~section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared, to be invalid'. PASSED AL~D A3DOPTED in regular session on second and final reading on'this the 13th day of ~o¥.ember .., 19'73. ATTEST: 0el 8 ~irs~ Road~n~: ~ Socond Reading: ~ovemBer 13, 1973 Ord. No. 35-73.