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09-25-72 173 ~E~TEMBER 25~ 1972. A regular meeting of the City Council of the City of Delray Beach, Florida, was held in the Council Chambers at 7:30 P.M., Monday, September 25, 1972, with Vice-Mayor Leon M. Weekes presiding, City Manager J. Eldon Mariott, City Attorney G. Robert Fellows, and Council Members Grace S. Martin, J. L. Saunders0 and O. F. Youngblood present. 1. The opening prayer was delivered by Reverend John D. Edwards, of the St. Paul's A.M.E. Church, Delray Beach, Florida. 2. The Pledge of Allegiance to the Flag of the United States of America was then given. 3. The minutes of the regular meeting of September 11, 1972, were unanimously approved on motion by Mrs. Martin, seconded by Mr. Saunders. 4. Vice-Mayor Weekes reported that he had received numerous inquiries about the present status of the new water treatment plant. Upon the Vice-Mayor's request, the City Manager gave a report on same, and stated that he felt it would be completed within a very short time. 5.a. Mrs. Dorothea Montgomery, 80 Venetian Drive, Miramar Apartments, stated that the sign reading "No right turn on red" at the corner of Atlantic Avenue and South-bound Federal Highway was not correctly situated in order to promote public safety. Mrs. Montgomery also reported that there presently is a mail box on Venetian Drive that has caused a number of traffic problems in the past and is a public safety hazard. She suggested that it be placed on the fire station property or on Miramar Drive and asked Council for action regarding this situation. Vice-Mayor Weekes requested that the City Manager look into these matters. 5.b, Mrs. Alice Galloway, 80 Venetian Drive, Miramar Apart- ments, informed Council that a similar problem existed near the mail box Mrs. Montgomery had previously mentioned. She stated that there are newspaper drop-off boxes that have created a problem and asked Council to help in relocating same. Vice-Mayor Weekes referred the matter to City Manager Mariott for study and investigation. 6.a. City Manager Mariott reported that Vanguard Construction Company had requested a modification of the City's off-street parking requirements to permit a decrease in the number of parking spaces in the Stewart Arms development and an increase in the space devoted to recreational type uses. Mr. Mariott recommended that the request be referred to the Planning and Zoning Board for study and recom- mendation. Mr. Youngblood so moved, seconded by Mr. Saunders, and carried unanimously. 6.b. The City Manager presented the following bids that had been received to provide for the installation of the water main, sewage force main and sewer main and all appurtenances thereto in the vicinity of Lowson Boulevard and S. W. 10 Street: -1- 174 Bidder Bid Clayton Construction Company ~302,291.90 Ma Mora, New Jersey Tech Corporation $381,949.00 Lighthouse Point, Florida He recommended that Council authorize the awarding of the contract to the low bidder, Clayton Construction Company~ in the amount of $302,291.90, subject to the City entering into a contract with the developers and the posting of the entire amount of the contract price by the developers. The completion time will be 180 days after the awarding of the contract. Following a general discussion, Mr. Saunders made a motion that the low bid in the amount of $302,291.90 be awarded to Clayton Construction Company, under the provisions as outlined by the City Manager, seconded by Mr. Youngblood, and passed unanimously. 8.a. Vice-Mayor Weekes stated that a public hearing was scheduled to be held, after having been legally advertised, in compliance with the laws of Florida and the Charter of the City of Delray Beach, concerning the adoption of the Master Land Use Plan. He explained that before the public hearing would be held on this matter, he wanted everyone to understand that all persons who wished to be heard on the Master Land Use Plan would definitely be heard, but that this was not a public hearing on the zoning ordinance in connection therewith. Assuming that the Land Use Plan was adopted, Vice-Mayor Weekes stated that later in the meeting the zoning ordinance would b~ presented. If adopted on first reading, tha public hearing on same would not be held at this meeting. Vice-Mayor Weekes presented RESOLUTION NO. 49-72. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING A COMPREHENSIVE PLAN FOR THE ZONING OF THE CITY OF DELRAY BEACH. (Copy of RESOLUTION NO. 49-72 is attached to the official copy of these minutes.) See: Pages 180 A-C Vice-Mayor Weekes declared a public hearing and the following people appeared and presented their views regarding RESOLUTION NO. 49-72: Mrs. John Wilmer, 1115 N. W. 5 Avenue, Delray Beach, representing the League of Women Voters of South Palm Beach County, read the following statement: "The League of Women Voters of South Palm Beach County has long been on record as favoring good community planning and has been following the development of a Master Plan and Land Use Plan for Delray Beach with great interest. The Plan here presented has been thoroughly studied by members of the League and was endorsed by the League in May, 1972. We feel very strongly that it well affects the desires of the citizens regarding the future growth and development of Delray Beach. We are eager to see this Plan become a working reality and so we strongly urge the adoption of Resolution 49-72 tonight." -2- 9-25-72. 175 Mr. Charles G~3'nn, Chairman of the Board of Delray Beach Chamber of Commerce, reported that his organ~sa- tion had been in favor of the Plan for some time, and definitely wo~id, like to see the passage of Resolution No. 49-72 and 'the Plan at this time. Attorney Frederick }tol!ingsworth, representing Dr. and Mrs. Hillert, owners of Lot 1 of Tropic Isle Harbor Shopping Center, -3401 South Federal Highway, presently zoned C-l, expressed his clients' views and objections to the rezoning of this property from its present zoning to RM-20. He urged Council to give serious consideration to the matter. Attorney Howard Falcon, Palm Beach, representing Mr. Alexander Simon, 216 S. E. 1 Avenue, Delray Beach, informed Council that Mr. Simon is the owner of property on West Atlantic Avenue, between llth and 13th Avenues. The property is presently zoned commercial. Attorney Falcon expressed his client's objections to the proposed residential zoning. Vice- Mayor Weekes stated there may be some merit to his objections and the matter had been referred to the Planning and Zoning Board for reconsideration° He did not believe it was Council's intent to make any changes at this time but recognized that there might be some consideration due to Mr. Falcon's objections. Mr. Francis Hogan, member of the Beach Property Owners Association, Chairman of the Planning Committee, ex- pressed the organization's complete approval of the Comprehensive Plan, and recommended that it be approved by Council. Attorney Walter Sylvester, Deerfield Beach, Florida, representing Tropic Isle Harbor Shopping Center Association members, asked Council to record the organization's objections -to the rezoning of that property in this case. Mr. Walter Houghton, Secretary of the Tropic Isle Civic Association, asked to speak on behalf of the Directors, all of whom wished to endorse the Master Plan and felt it was vital to the City that it be adopted as soon as possible. During general discussion, Council expressed its intent to not make a change in the proposed zoning of the Tropic Isle Harbor Shopping Center property. Mr. Saunders made a motion, seconded by Mrs. Martin, and unanimously carried, that RESOLUTION NO. 49-72, relative to the adoption of the Comprehensive Plan, be passed. 8.b. The City Manager presented ORDINANCE NO. 31-72. AN ORDINANCE OF THE CITY COUNCIL OF ~{E CITY OF DELRAY BEACH, FLORIDA, F~EZONING AND PIJ~CING THE WEST QUARTER OF LOT 29 LESS THE SOUTH ].55 FEET OF THE EAST 70 FEET AND LESS THE NORTH 50 FOOT RIGHT-OF-WAY, SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, IN "RM-2 MULTIPLE FAMILY DWELLING DISTRICT", AND AMENDING "ZONING MAP OF DELP3~Y BEACH, FLORIDA, 1969". --3-- 9-25-72. 176 (Copy of ORDINANCE NO. 31-72 is attached to the official copy of these minutes.) See: Page 180-D 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 to ORDINANCE NO. 31-72, said Ordinance was unanimously passed and adopted on this second and final reading, on motion by Mr. Youngblood, seconded by Mrs. Martin. 8.c. The City Manager presented ORDI~AANCE NO. 32-72. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACtt, FLORIDA, ANNEXING TO THE CI'I~/ OF DELRAY BEACH A PORTION OF LOT 20, BLOCK 1, DELRAY SHORES SUBDIVISION, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. (Copy of ORDINANCE NO. 32-72 is attached to the official copy of these minutes.) See: Pages 180 E-F City Manager Mariott presented a sketch of the property in question, which will be subject to C-3 zoning under the Ordinance. A Public Hearing was held, having been legally advertised, in compliance with the laws of the State of Florida, and the Charter of the City of Delray Beach. There being no objections to ORDINANCE NO. 32-72, said Ordinance was unanimously passed and adopted on this second and final reading, on motion by Mr. Saunders, seconded by Mr. Youngblood. 8.d. The City Manager presented ORDINANCE NO. 33-72. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH CERTAIN LAND LYING IN SECTION 8, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH kAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. (Copy of ORDINANCE NO. 33-72 is attached to the official copy of these minutes.) See: Pages 180 G-H A Public Hearing was declared open by Vice-Mayor Weekes, 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 to ORDINANCE NO. 33-72, said Ordinance was unanimously passed and adopted on this second and final reading, on motion by Mrs. Martin, seconded by Mr. Saunders. 8.e. The City Manager presented ORDINANCE NO. 21-72. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING A NEW ,ZONING ORDINANCE W/qICH INCLUDES A NEW ZONING MAP BY REFERENCE, WHICH ELIMINATES DISTRICTS R-l, RM-1, RM-1A, RM-2, C-2 AND C-3, ADOPTS DISTRICTS RM-10, RM-15, mRM-20, NC, CC, SC, LI, HI AND INTERIM, REDEFINES ALL OTHER DISTRICTS, ESTABLISt~ES NEW STANDARDS FOR OFF-STREET PARKING AND LOADING REGULATIONS INCLUDING ALL TRAILERS AND VEHICLES, PROVIDING FOR NON- CONFORMING PROPERTY AND MAKING IT UNLAWFUL TO VIOLATE ANY PROVISION THEREIN AND REPEALING CERTAIN SECTIONS OF THE PRESENT ZONING ORDINANCE IN CHAPTER 29. ~--9 ~--'~ 9 177 City Attorney Fellows explained that the purpose of ORDI~L~CE HO. 21-72 was to implement the Co~prehensive Plan which had been adopted by a Resolution earlier in the meeting. It would necessitate a second reading' and a public hearing and also requires fifteen (15) days notice. Mr. Weekes explained that this Ordinance would come up for the second reading and public hearing at the October 23, 1972, meeting. City Attorney Fellows read the caption of ORDINANCE NO. 21-72. ORDINANCE NO. 21-72 was unanimously placed on first reading on motion by Mrs. Martin, seconded by Mr. Saunders. 8.f. The City Manager presented ORDINANCE NO. 22-72. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRA¥ BEACH AMENDING SECTIONS 14-9, 14-10 AND 14-11 PERTAINING TO RECLASSIFICATION OF PROPERTY INTO FIRE ZONES I, II AND III OF CHAPTER 14 FIRE DEPARTMENT, FIRE PREVENTION AND FIRE REGULATION. He explained that ORDINANCE NO. 22-72 would reclassify properties located in the various City fire zones, according to the zoning classifications set forth in the City's new Master Plan. ORDINANCE NO. 22-72 was unanimously placed on first reading on motion by Mr. Youngblood, seconded by Mr. Saunders. 9.a. City Manager Mariott reported that at a meeting held on September 19, 1972, the Planning and Zoning Board recommended, by unanimous vote, that the site plan for the construction of an 8-unit residential building located on that part of the North 120 feet of the South 2420 feet of Section 28, Township 46 South, Range 43 East, lying East of State Road A-l-A, 1845 South Ocean Boulevard, be approved. The applicant is Mr. Sam Koplin. He recommended .that the site plan be approved, subject to the Beautification Committee's report regarding same. Mr. Youngblood moved for the approval of the site plan, subject to the Beautifica- tion Committee's review, seconded by Mrs. Martin, and carried unanimously. 9.b. The City Manager reported that the Planning and Zoning Board at its meeting held on September 19, 1972, recommended by unanimous vote that the site plan for construction of a 15-unit apartment building on the following described property be approved: The North one-half (N 1/2) of Block 159 less the North 101.5 feet more or less and less the East 215.73 feet of the South 118 feet in the subdivision of the East one-half (E 1/2) of Section 16, Township 46 South, Range 43 East, located at 214 Gleason Street. The applicant is Mr. Leonard Walker. City Manager Mariott recom- mended that the site plan be approved, subject to the Beautification Committee's report. Mrs. Martin made a motion that the site plan for the 15-unit apartment building at 214 Gleason Street be approved, subject to the Beautification Committee's report, said motion seconded by Mr. Saunders, and unanimously carried. 9.c. The City Manager stated that the Planning and Zoning Board at its meeting held on September 19, 1972, recommended by unanimous vote that the site plan for construction of a 14-unit rental develop- ment to be located on the West side of Florida Boulevard opposite Tropic Bay on Lots 12 through 17, Lots 52 through 57, Block 34, --5-- 9-25-72. ]78 Del-Raton Park Subdivision, be approved. ~e applicant is Mr. Seymour Goldstein. Mr. Mariott reco~m~ended that the site plan be approved, subject to the Beautification Co~smittee's repcrt. Mr. Saunders made a motion to that effect, seconded by Mr. Youngblood, and unanimously carried. 9.d. City Manager Mariott reported that the Planning and Zoning Board at a meeting ~eld on September 12, 1972, reco~mmended by unanimous vote that Council approve the final plat of Imperial Villas, subject to certification that all required facilities 'have been constructed, o~ that, in lieu thereof, the developer post a satisfactory improvement bond. The preliminary plat of Imperial Villas was approved by Council on May 8, 1~72. City Council _ proceeded to examine a copy of the final plat. Mr. Saunders made a motion that the final plat of Imperial Villas be approved, subject to the conditions as outlined by the City M~ager, seconded by Mr. Youngblood, and unanimously carried. 9.e. The City Manager informed Council that the Planning and ZOning Board at its meeting held on September 12, 1972, recommended by unanimous vote that Council approve the final plat of Sabal Pine, subject to certification that all required facilities have been constructed, or that, in lieu thereof, a satisfactory improvement bond be posted by the developer. The Final Plat of Sabal Pine was unanimously approved, subject to the conditions as outlined by the City Manager, on motion by Mrs. Martin, seconded by Mr. Saunders. 9.f. The City Manager stated that Item 9.f. would be deleted from the agenda at this time and would appear at a later 'meeting. Vice-Mayor Weekes stated that Items 9.g. through 9.j. relate to a procedure established for obtaining building permits for commercial, industrial and multiple family dwellings up to and including nine (9) units and are reviewed by the Planning and Zoning Board for use and density in conformance with the proposed Land Use Plan. 9.g. Vice-Mayor Weekes requested Mrs. Martin to take the chair and absented himself from the Council Chambers during consideration of this item. City Manager Mariott reported that the Planning and Zoning Board at a meeting held on September 12, 1972, recommended by unanimous vote, that Council approve the issuance.of a building permit for construction of an 8-unit apartment building on Lot 23, Del-Harbour Subdivision at the Southwest corner of State Highway A-1-A and Linton Boulevard. He explained that Item 9.g., along with the three following items, had to do with limited site plan _ approval. Mr. Mariott stated that the Planning and Zoning Board had reviewed density and land use as to conformance with the present and proposed zoning plans of the City, and, in all four ~ cases, the applicant was in full compliance with the provisions of the new ordinance. He recommended that Council sustain the recommendation of the Planning and Zoning Board and approve the issuance of this permit. Mr. Saunders so moved, seconded by Mr. Youngblood, and unanimously carried. Mrs. Martin requested the City Clerk to have the minutes read that Mr. Weekes, the Vice-Mayor, absented himself from the Council Chambers during consideration of Item 9.g. -6- 9-25-72. 179 9.h. The City Manager stated that the Planning and Zoning Board at a meet~.ng held on September 19, 1972, by unanimous vote, recom- mended that. Council approve the issuance of a building permit, for the construction of an addition to an existing office building located on Lot 18, Block 101, 76 S. E. 5 Avenue. Mr. Saunders made a motion, seconded by Mr. Youngblood, and unanimously carried, that a building permit be issued in this instance. 9.i. The City Manager reported that the Planning and Zoning Board at a meeting held on September 19, 1972, by unanimous vote, recommended that Council approve the issuance of a building permit, for the addition of an apartment unit to an existing commercial building located on Lot 1 and Lot 2, less the South 7.3 feet, Block 105, 398 N. E. 6 Avenue. Mr. Youngblood made a motion, seconded by Mr. Saunders, and unanimously carried, that a building permit be issued for that construction. 9.j. City Manager Mariott informed Council that the Planning and Zoning Board at a meeting held on September 19, 1972, by unanimous vote, recommended that Council approve the issuance of a building permit, under the present and proposed ordinances, for the construction of a 2-story addition to the Delray Beach National Bank on the Southeast portion of Block 148, 1001 East Atlantic Avenue. Mr. Saunders moved for the approval of the building permit, seconded by Mr. Youngblood, and carried unanimously. 10.a. The following Bills for Approval were unanimously approved for payment upon motion by Mr. Saunders, seconded by Mr. Youngblood: General Fund $196,407.77 Sinking Fund Reserve, Cigarette Tax Bonds, Series 1965 $ 3,926.00 Beach Disaster Fund $ 50,000.00 Improvement Fund $ 50,376.70 10.b. The City Manager informed Council that a transfer of funds was necessary for the closing out of the City's books and budget for the 1971-1972 fiscal year which ends the last day of September. He recommended that $6,500.00 be transferred from the Public Works budget and that $5,250.00 be transferred from the Parks and Recreation budget to the General Government 100 budget account series in the amount of $3,750.00, and to the Non-departmental budget in the amount of $8,000.00, the total amount being transferred totaling $11,750.00. Mr. Youngblood made a motion that the said transfers be made as stipulated by the City Manager for the balancing of the budget, the motion being seconded by Mr. Saunders, and unani- mously carried. 10.c. Mrs. Martin asked that Mr. John Henry Adams, Attorney, be permitted to explain to Council a situation that had developed. He explained that there was an application before the appropriate authority in the County for the erection of a 76' sign on the West side of Military Trail, North of Lake Ida Road. He objected to the size and proposed location of the sign and wanted to bring the matter to the Council's attention. Councilwoman Martin informed Council that she had written a letter to the County stating her objection to the sign. Following a general discussion, the City Manager suggested that a motion be passed requesting time from the County in which to not approve the sign, and that the matter be referred to the Planning and Zoning Board, through normal channels. If the Planning and Zoning Board -7- 9-25-72. 180 should determine, for some reason, that it does not agree with that action, it can notify the City Manager and he would contact the members of Council and see what action it would decide to take in this matter. He further stated that, in the meantime, Council would have a letter on record to the County that states Council's objection to the erection of this sign. Upon Council's request, Mr. Gent described the sign in detail. Mr. Saunders moved that the City Manager prepare a letter directed to the proper County authorities expressing the City's objections to the proposed sign, said motion being seconded by Mr. Youngblood, and unanimously carried. 10.c. Vice-Mayor Weekes informed Council that two (2) appoint- ments to the Planning and Zoning Board will expire soon and Council - had received a recommendation from the Planning and Zoning Board for persons to fill these positions. He suggested that this matter be referred to a workshop. A letter had been received from Mr. Jack Pitts regarding the terms of office of the members of the Planning and Zoning Board. Vice-Mayor Weekes stated that before the appointments were made, it would be a good time to consider the suggested change and also consider the merit in the change. Mr. Saunders asked that no appointments be made until Mayor Scheifley has returned from his vacation. The meeting adjourned at 8:55 P.M. HALLIE E. YATES City Clerk APPROVED: MAYOR -8- 9-25-72. 180-A RESOLU%~IO~7 NO. 49--72. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ADOP%~ING A COMPREHENSIVE PLAN FOR THE ZONING OF THE CITY CF DELRAY BEACH. WHEREAS, the City of Delray Beach is authorized by its Charter and General Law to adopt a comprehensive plan for the zoning of the City; and, WHEREAS, in March of 1970, the City employed the firm of Barr, Dunlop & Associates, Inc., to prepare a Comprehensive Plan for the City of Delray Beach; and, WHEREAS, said plan was submitted to the Planning and Zoning Board of the City of Delray Beach; and, WHEREAS, the Planning and Zoning Board reviewed said plan; and, WHEREAS, the Planning and Zoning Board held two public hearings, following the publication of notice of such hearings, on March 16 and March 30, 1972; and, WHEREAS, the Planning and Zoning Board reviewed objections raised to the Comprehensive Plan and held workshop meetings with the City Council; and, WHEREAS, the Planning and Zoning Board has presented to the City Council the Comprehensive Plan with supporting data and proposed implementing ordinance, which includes by reference the proposed zoning map, implementing such plan; and, WHEREAS, City Council has reviewed at its special meeting held July 31, 1972, the proposed Comprehensive Plan and the.proposed implementing ordinance with the zoning map; and, WHEREAS, City Council authorized the City Clerk tO' publish notice for two weeks for a public hearing to be held by City Council before the adoption of the Comprehensive Plan, pursuant to the charter; and, WHEREAS, the City Clerk published notice on August 3 and August 10, 1972, of a public hearing and had the proposed Compre- hensive Plan, proposed implementing ordinance, including the zoning map, on~ file in the office'of the City Clerk during such period; and, WHEREAS, City Council held a public hearing on the Compre- hensive Plan with its proposed implementing ordinance and zoning map on August 14, 1972; and, WHEREAS, as a result of the hearing on August 14, 1972, City Council held a workshop with objectors on August 22, 1972; and, WHEREAS, at its regular meeting of August 28, 1972, City Council amended the proposed ordinance and the proposed zoning map accompanying the proposed Comprehensive Plan, and set a new hearing date of September 25, 1972; and, 180-B WILEREAS~ the City Clerk did publish on September 7, September 14 and September 21, 1972, notice of a public hearing to be held on September 25, 1972, to consider adoption of the Comprehensive Plan. During the period in w~ich the ~otice of hearing was published, 'the City Clerk had cn file in her office at City Hall, Delray Beach, Florida, a copy of the proposed Compre- hensive Plan, copy of proposed implementing ordinance and the pro- posed zoning map referred to in the proposed implementing ordinance; and, WHEREAS, a public hearing was held on September 25, 1972, pursuant to the notice of hearing concerning the adoption of the - Comprehensive Plan; and, WHEREAS, following such public hearing, Council deems it to be in the best interest of the City of Delray Beach to adopt said Comprehensive Plan; NOW, THEREFORE, BE IT RESOLVED by the city Council of the City of Delray Beach, Florida, as follows: That the following items included in subsection A through I of Section 1 are hereby adopted as the Comprehensive Plan for the zoning of the City of Delray Beach, Florida, and shall be designated as the Master Plan. Sec. 1 Ao The Comprehensive Plan submitted by Barr, Dunlop & Associates, Inc., including reports by review committees of the Planning and Zoning Board assembled in a binder headed "Land Use 1972" and consisting of: (1~ Survey & Analysis of Existing Land Use dated October, 1970. (2) Structural Survey dated March, 1971. (3) Goals and Objectives dated October, 1970. (4) Population Study dated December, 1970. (5) Delray Beach Economic Base Study dated March, 1971. (6) Reserve Area Annexation Study dated March, 1971. (7) Community Facilities Plan dated February, 1971. (8) Transportation Plan dated April, 1971. (9) Plan for Central Business District dated November, 1970. (10) Planning Procedures dated March, 1971. (11) Beautification Program dated March, 1971. B. The Barr, Dunlop & Associates, Inc., Land Use Map dated August, 1970, and marked Exhibit ~1 and the supporting data for Exhibit #1 contained in Exhibits ~2 through 913. C. The information contained in "Goals Questionnaire" of the Planning Department, 1970. D. The zoning work map. E. The zoning map including the reserve area certified by the Planning and Zoning Board on July 31, 19'72, as amended by City Council on August 28, 1972. F. The proposed implementing Ordinance No. 21-72 which includes by reference the 1972 zoning map of the City of Delray Beach certified by the Planning and Zoning Board on July 31, 1972, as amended by City Council on August 28, 1972, and identified as "Zoning Map of Delray Beach, Florida, 1972" -2- Resolution No. 49-72 !80-C G. Reports on two public hearing's held by the Planning & Zoning Board on March 16 and.March 30, 1972. H. Minutes of the Planning & Zoning Board covering items dealing with the Comprehensive Plan and zoning. I. Other supporting data consisting of reports, analysis, surveys, etc., from various sources. Sec. 2. That the proposed implementing ordinance, which includes by reference the Zoning Map of Delray Beach, Florida, 1972, shall not become effective with the passage of this Resolution but shall become effective thirty (30) days after passage of the ordinance after second and final reading, as provided in the Charter. PASSED AND ADOPTED on this 25th day of September , 1972. VICE- MAYOR ATTEST: -3- Resolution No. 49-72 180-D ORDINANCE NO. 3].-72. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING THE WEST QUARTER OF LOT 29 LESS THE SOUTH 155 FEET OF THE EAST 70 FEET AND LESS THE NORTH 50 FOOT RIGHT- OF-WAY, SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, IN "RM-2 MULTIPLE F~ILY DWELLING DISTRICT," AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1969." BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That the following described property in the City of Delray Beach, Florida, is hereby rezoned and placed in "RM-2 Multiple Family Dwelling District," as defined by Chapter 29 of the Code of Ordinances of the City of Delray Beach, Florida,to-wit: The West Quarter of Lot 29 less the South 155 feet of the East 70 feet and less the North 50 foot right-of-way, Section 20, Township 46 South, Range 43 East, Palm Beach CoUnty, Florida. Section 2. That the Building Inspector of said City shall upon the effective date of this Ordinance change the Zoning Map'of Delray Beach, Florida, to conform with the provisions of Section 1 hereof. PASSED AND ADOPTED in regular session on the second and final reading on this the 25th day of September , 1972. V I C E - M A Y 0 R ATTEST: City Cle~ First Reading. August 28, 1972. Second Reading September 25, 1972 180-E ORDINANCE NO. 32-72. AN ORDINANCE OF %=HE CITY COUNCIL OF 5q{E CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PORTION OF LOT 20, BLOCK 1, DELRAY SHORES SUBDIVISION, 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. WHEREAS, the City of Delray Beach, a Municipal corpora- tion of the State of Florida, is the fee simple owner of the property hereinafter described; and, WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands, in accordance with Section 185.1 of the City Charter of said City granted to it by the State of Florida; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That the City Council of the City Of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the following described tract of land located in Palm Beach County, Florida, which lies contiguous to said City, to-wit: A portion of the Southeast Ten Acres of Lot 20, Block 1, of Delray Shores, according to the plat recorded Plat Book 24, Page 232, of the Public Records of Palm Beach County, Florida, said portion being more particularly described as follows: From the Northeast corner of said Lot 20, Block 1, which point is the intersection of the Northwesterly right-of-way line of the S.A.L. Railroad, with the Southwesterly right-of-way line of Lake Ida Road; run thence Southwesterly along the said right-of-way line of the S.A.L. Railroad a distance of 861.01 feet to the Southeast corner of said Lot 20, which point is on the North right-of-way line o~f L.W.D.D. Lateral Canal No. 32; thence run Westerly on said North right-of-way line a distance of 240.49 feet; thence run Northerly, parallel to the said North- westerly right-of-way line of the S.A.L. Railroad, a distance of 972.99 feet, to a point in said South- westerly right-of-way line of Lake Ida Road; thence run Southeasterly along said right-of-way line of Lake Ida Road a distance of 234.10 feet to the point of beginning. SECTION 2. That the boundaries of the City of Delray Beach, Florida, are hereby redefined so as to include therein the above described tract of land, and said land is hereby declared to be within the corporate limits of the City of Delray Beach, Florida. 180-F SECTION 3. ~%at the tract of land hereinbefore described is hereby declared to be in Zoning Distric~ C-3, as defined by existing ordinances of the City of Deiray Beach, Florida, with the stipulation that it be rezoned LI upon establishment of this new zoning district. SECTION 4. That the land hereinbefore described shall immediately become subject to all of the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which lands in the City of Delray Beach are now or may be, and persons residing thereon shall be deemed citizens of the City of the City of Delray Beach. SECTION 5. That if any word, phrase, clause, sentence or part of this Ordinance shall be declared illegal by a Court of competent jurisdiction, such record of illegality shall in no way affect the remaining portion. PASSED in regular session on the second and final reading the 2~ day of September , 1972. VICE-MAYOR ATTEST: City Cle~/ 1st Reading September 11, 1972. 2nd Reading September 25, 1972. -2- Ord. No. 32-72. 180-G ORDINANCE NO. 33-72. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELP~AY BF.'ACH CERTAIN LAND LYING IN SECTION 8, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CI~f; 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. WHEREAS, DON C. SMALLWOOD and JANET R. SMALLWOOD, his wife, are the fee simple owners of the property hereinafter described; and, WHEREAS, DON C. SMALLWOOD and JANET R. SMALLWOOD, his wife, by their petition, have consented and given permission for the annexation of said property by the City of Delray Beach; and, WHEREAS, the City of Delray Beach has heretofore been authorized to annex ~ands in accordance with Section 185.1 of the City Charter of said City granted to it by the State of Florida; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, as follows: SECTION 1. That the City Council of the City of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the following described tract of land located in Palm Beach County, Florida, which lies contiguous to said City, to-wit: The westerly 110 feet of the easterly 338.77 feet of the northwest quarter of Lot 3, Section 8, Township 46 South, Range 43 East, lying North of County Road right-of-way. SECTION 2. That the boundaries of the City of Delray Beach, Florida, are hereby redefined so as to include therein the above described tract of land and said land is hereby declared to be within the corporate limits of the City of Delray Beach, Florida. SECTION 3. That the tract of land hereinabove described is hereby declared to be in Zoning District R-1AA, as defined by existing ordinances of the City of Delray Beach, Florida. SECTION 4. That the land hereinabove described shall immediately become subject to all of the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which lands in the City of Delray Beach are now or may be, and persons residing thereon shall be deemed citizens of the City of Delray Beach. -1- 120-H SECTION 5. That if any word, phrase, clause, sentence or part of this Ordinance shall be declared illegal by a Court of competent jurisdiction, such record of illegality shall in no way affect the remaining portion. PASSED AND ADOPT}~ in regular session on the second and final reading on the 25 day of September . , 1972. V I C E - M A Y 0 R ATTEST: City Cl~k First Reading September 11, 1972. Second Reading September 25, 1972. -2- Ord. No. 33-72..