02-14-66 FEBRUARY 14, 1966.
A regUlar meeting of the City Council of Delray Beach was held in
the Council Chambers at 8:00 P.M., with Mayor Al. C. Avery in the Chair,
City Manager David M. Gatchel, City Attorney John Ross Adams, and
Councilmen J. LeRoy Croft, James H. Jurney, Jack L. Saunders and George
Talbot, Jr., being present.
1. An opening prayer was delivered by the Rev. Donald Waldron.
1.a. The Pledge of Allegiance to the Flag of the United States of
America was given.
2. The minutes of the regular meeting of January 24th and special
meeting of January 31st, 1966, were unanimously approved, on motion
by Mr. Croft and seconded byMr. Jurney.
3. Mayor Avery announced that several months ago he had been contact-
ed by Rev. Paul W. Gess, Rev. Frank R. Hamilton and Rev. Carl E. Storey
concerning the possible formation of a Youth Commission for the City of
Delray Beach, and that he had asked Councilman Saunders to meet with
those ministers to study the feasibility of such a Youth Commission;
further, that onFebruary 10th he had received the following letter
from Mr. Tom Adams, Secretary of State of the State of Florida:
"The 1965 Session of the Florida Legislature requested that my
office furnish the assistance necessary for the reorganization
of the Florida Youth Advisory Council. Therefore, in' behalf
of the Council, I am writing to you with the hope that you will
be interested in establishing such a Youth Advisory Council on
the city level. If your reply is positive, the Council will
send you an outline on the programs used by existing city youth
advisory councils in our state and suggestions for organizing
such groups. Any assistance you can give me' in the Florida
Youth Advisory Council in this connection will be greatly
appreciated."
Rev. Paul W. Gess informed the Council that he is present on behalf
of the Ministerial ASSociatioh, and presented the following memorandum
of recommendations:
"MAYOR'S YOUTH COMMISSION
The Delray Beach Ministerial ASSociation recommends the appoint-
ment of the following people to serve on, and constitute the
Mayor's Youth Commission:
Legal Profession ........... Mr. Robert Fellows
City Council ' ...... ~ .... Mr. Jack Saunders
Medical Profession ......... Dr. Paul E. Demick, M.D.
Education .................. Mr. Joe Davis
Parents ........ Mrs. Joyce Baldwin
Business ................... Mr. Bruce WenZel
Clergy ..................... Rev. Paul W. Gess
The purpose of the youth Commission is threefold:
1. EVALUATE -Community Activities available to youth, etc.
2. RESEARCH - Find out the needs of the young people through
seminars, etc.
3. REPORT - Serve as an advisory group---reporting to the
City Council."
Mr. Saunders moved that the recommendation of the Delray Beach
Ministerial Association be approved, establishing a Mayor's Youth
Commission, set~ing forth the names of the individuals to serve on the
commission, and setting forth the threef61d . purpose. The motion was
seconded byMr. Jurney and carried unanimously. 2-14-66
3. Mr. Ward Robinson informed the Council that he had made up a
questionnaire concerning why people come to Delray Beach, and gave a
report on the returns he had received, a number of them being that
Delr~y Beach was such.a nice residentia! City and the lack of high-
rise apartments.
Mr. Robinson said that he aould not remain at the meeting for con-
sideration of Agenda Item 8.f., but would like to inform the Council
of his opposition to. Ordinance No. 6-66 concerning building height
regulations in R-3 Multiple Family Dwelling District.
4. There w~s no Beautification Committee report.
4.a. ~ roll call showed the following Civic Organizations and repre-
sentatives to be in attendance:
B~eezy Ridge Estates Mr. John Sword
Beach Taxpayers League, Inc. Mr. J. Watson Dunbar
Delray.Beach Board of Realtors Mr. Paul
~eague of Women Voters Mrs. PhyLlis Plume
~~War One Barracks No. 30S6 Mr. Leonard E. Klein
· ional Woman's Club and
~~ ---~uahl Mrs. Dorothea Montgomery
Re~re~"~ub , Mr. C. W. Rice
5. City Clerk Worthing read a latter from Mr.~C~rd E. Baxter,
Delray Beach Postmaster, announcing the reopening of Clerk-~arrier
Examinations for positions in the Post Office Department.
5. Mayer Avery read a PROCLAMATION, proclaiming Friday a~d Saturday,
F~bruary ~25th .and 26th, 1966, as World War One Veteran'S MembeTship
Drive Days, spon'sored by World War One Barracks No. 3056, ~elray Beach,
Florida, a~d ~esented said Proclamation to Mr. ~eonard E. Klein,
Chaplain of said Barracks, and Chairman for this Membership DNive.
~. MayQr Avery ,read a PROCLAMATION, proclaiming-Friday a~d Saturday,
~uary 18th a~d 19th, 1966, as POPPY DAYS for the purpose of collec-
~.~t_~n~ funds for this cause by the American Legion Amx~liary, Unit
Mr. Croft moved that permission for said Poppy Days be granted, the
motion being seconded by Mr. Saunders and unanimously carried.
5.a. Mr. Jurney informed the Council that ~he had received ~wo tele-
phone calls from an individual during the past week rega~r~,~q~e con-
dition of streets in the north central par% of toWn where sanitary
sewers are being installed, and asked if there is a possibility of
signs being placed indicating said construction.
City Manager 'Gatchel informed the Council .that he would investigate
the matter and see that proper signs are plac~d.
5.a. Mayor Avery said he had received several complaints about the
train whi~tle as the tra~s.~ravel through ~e. lray Beach, and asked.the
City Attorney what could ~e done to get the ~.E.C. Railway Company to
abate said nuisance.
City Attorney A~ams said the-CityManageT may be direoted to wr~e
said Railway Company a demand letter, with the alternative 'being a
speed limit.
Mr.Jurney moved that the City ~Manage= be directed to in. tm the
S~t Coast Railway,Company that they~must~abate thm-~tmtle
or be faced with.a speed limit. The motions.was-~s~ond~d by
Mr. croft and carried unanimously.
5.a. Mr. Talbot said ~hat the Council is attempting to regulate the
draw bridges over the Imtracoastal Waterway se they would only be open-
ed on the hour and half hour, ~.~d asked .wha~ pro~xe-~s~had-been made
concerniDg same.
City Manager Gatchel repg~9~ that he. h~a~, ~n~a~te~ %he State Road
Department as he had 'been i~ed '~hey C°n~9~led ~e ~pen, ing o~ the
bridges, a~d had received a L~tter'from'-~e ~trict ~Engineer of tha~
2-1~-~b
department in .Fort Lauderdale today with the information tha. t the Corps
of Engineers control"that 6peration~ " ..... ~ ~
Mr. TalbOt'Said thatdue to th~ time element he-would<Suggest 't~at
someone in the.'citF Administration make'an ~p~ointment wi~h ~he 'corps
of Engineers regardin'g'~thebridge 0p~ning, and t~avel by pI~n~' to keep
said appointment.
The Councilmen were agreeable to that procedure, and City Manag~
Gatchel was informed that if it ~ecame 'necessary for Su6h,'a trip to ~*
made in order to expedite' the matter, the 'Council' approves of same. '~
6.a. City Manager Gatchel informed the Council that in compliance with
the City Charter, s proposed assessment roll pertaining to the previ-
ously authorized improvement of a portion of N. W. 3rd Avenue extend-
ing soUthward 'from lIth street a distance of 308.3 fee~ is being Pre-
sented for their consideration.
Said Assessment Roi1 was unanimoUSly approved, on motiOn'~by~r~fTM
Talbot and seconded b~Mr. Croft~. '"
_ (Copy of Assessment Roll i~ attached to the ~fficial. copy'"Of~%he~e
minutes.) See page ~0-B.
6.b. Concerning a survey of parcels of 1and'in violation of the City
nuisance laws pr6~ented by the City Manager, Mr. Talb6t moved that the
City Clerk be directed to-proceed with the enforcement of Chapter '15
of the Code of Ordinances. The motion was seconded by Mr. Jurney a~d
carried unanimously. (~opy of survey li~t~"is stt~hsd"to'~h~" offiola~
copy of these minutes. Bee page 50-D.)
6.C. City Manager Gatchel reported that Mayor Avery 'and Councilman
Jurney desired to serve as members of the Palm Beach County Resources
Development Board, and recommended-that the~'~b~ appointed to~'S~rve.-o~
that Boardwith terms' expiring O6to5~'1, 1968 and'6ctO5er'~l~ 1966,'
respectively.' · ~.-. ...... ~-.'.~. -i
Mr. Croft moved that Mayor ~very and'Couhcilman Jurne~
ed to serve on the Palm Beach County Reso~rces Development'~Board, as
recommended, the motion being seconded by Mr. Saunders and ~u~animously
carried.
6.d. City Mmnager Gatchel repOr~e'd to Councii as ~11ows: ',In.~
ance with Ordinance No. 3~5, as contai~d~in Chapter 8of the~'Co~
a nuisance has been declared to exist, by'the city EngraVe=, on~Ot~X~,
Block 14, Seagate .S/D, namely, collapsed sea wall, resulting in an
existing hazard, as'well as ~resen~ing an unsigh~ appea~c~i
Should Council determine SuCh nuisance to be a fact, ~d~subject
to there being no further evidence desired, the City Clerk s~ould b~ '
directed to comply with said regulatio~s to provide for abatement of'
the nuisance." ~ -
Mr. Talbot moved that Ordinance ~0."37-65 he complied with, the
motion being seconded by Mr. Jurney.
City Manager Gatchel then r6~d the f0ilOWing memorandum from City
Engineer Fleming, dated February'9, 1966:
"Subject: Inspection'of Seawalls -'Ordinance No. 3?-65.
In the course of the general inspect~6n of the condition of
sea Walls, aa required in Section 2 of Ordinance No.
it'haSbee~ determin~d that numerous'failures have"~ccur~ '
in that reinforced concrete sea Walib0undi~'thr~e SidesS~ '
the pr°per~yknown aS Lot "X" se~gate'/Subdivi~ion~'
It has been further determined that this wall is.in violation
of the above mentioned ordinance and 'that~the~e failures pre-
sent a hazard to the public for safe_Pedestrian, boa~iWg or
swimming purposes, and also present an unsightly appearance.
Some of the worst failures are shpwn in the attachpd ph0tOT
graph~ 'which are .labled as to loc~tio~n4 'directiOn ~.hd which
are hereby made a part of this report.
-3- '2114-66
~f Pz°g~e~t m~st ~e ~
d'
__~nance ~o~ ~that the ~t'.cceP~= ~'~
. 6o ~% __. ~e _ the ~o~ '
~age: ' ~a~Y .
t ~',~ Feb . F.
~ .. C~ Y _ ..~ fo~ --~L~aY .... ~- oE ~ ~ ~ move
3ucneY' -
- the ~'".: '"- ~6U~t ~'~ ~.cati~hs,
_~,, ~ag~ tf~n O~ ~ ~:the ~ - _.~eg%u~, .
. ~. ~.~3 ~ ' -, ~C~~ ~-~Ce O~
Co ~ t~8, ' at a - nc~l
n~ 6 th ~ot. ~u : ca~~ ~-, ~e~
~hen s~m_..ev move .... ~. Ta ._~ the _~ spec~ ~'~;~n caC~
· -- ~c~i~e co ~:e~x, a~,u~
. _ C~Y ~-_. Li~a~ :_~ent o~?~[~.'h~s ~'~,!'~, ~e C~= ~a~te~.
-I.~. O{ ~ S P~ ....
tta~s~e~ ' {Corn :~ : that ~',.,,th ~ap~e~. ,he ':eq~e~V~, CCOft
:La~e~ - - ~e:. ce
cope, a~:~,9., ~&e~ ' . .- · ~ ~ a
_ ~e Cs~. ~l~ 'seaczeS~ - evening?
t la~e hat
"for abandonment of streets and easements within th9 p~p.?~r~ty describ-
ed above{ als° the" south' half of Avenue "D" and the no~th half of
Avenue "E" contiguous to said tract of land.
Council may ~ant or de~y ~is .Petition: hoover, it is reco~end.
ed ~a~ same be referred to ~e Planning/Zoning Director: for' ~he
Board' s review and 'reco~endation."
~. Talbot moved that this item be referred to the Planning/Zorng
Director and Board for review and reco~endation. ~e motion ~s sec-
onded by ~. Croft and car=led unanimously.
7.d. Con~rnin~ a petition- for annexation of c~rtain' lan~S,:-City Clerk
Worthing reported to Co~cil as follows: "Council determfhati~n is
requested relative to. th~. petition of Dr. Alfaro for annexation of
100 foot tract of land lyihg adja=ent to, and no~th of ~.Horizon
Apartments on Sou~h AIA,' and between said AiA and the ocea61 ' The peti-
tion for annexation ~s s.~ject to- said lands .b~ing cl~ass, i~ed R-3
except ~at the height limitati'on Would not eXc~e~ 35 feet' f=~ the
highest finished grade to the ce%ling, o'f ~e highest ftoor."
Mr. Talbot moved that ~ Planning/Zoni~g Board recommendati~ of
January 24th, 1966, concerning this item, be s~stained. T~e"~ot~0n
was seconded by ~. Jurney an~ carried unanimously.
8.a. Ci%y Clerk worthing presen%ed ~SOL~ION~O. 9-6-6: '
A ~SOLUTION OF T~ CITY'CO~CIL 6F ~ CITY'OF
DE~Y BEACH, FLOR~A A~HORIZING T~- CITY ~NAGER
TO PRO~ED WITH THE. CON~TRUC~ION OF SIqEWALKS, FI~
P~z~ ~N w~, ~XN ~ S~ ~Z~OF~ OF~ ~'
(Copy of Resolution ~o. 9-66 ~s ~aehed ~o ~he official Copy o~ ~h~se
minutes.) See pag~ 50-Y. ' '
There were no .objections to the proposed construction of sidewalks
in various areas in ~e wester~ sector of 'the 'City~as Set' ~6r~ in' ''
Resolution No. 6-66, adopted by Council on January 24~, ~966.
~solution No. 9-66 was unanimously passefl On this first ana ~inal
reading, on motion by ~. JumPy and secgnded ~y ~.
8.b. City Clerk Worthing.~resented ~SOL~iON NO. 10-66.
A ~SOLUTION OF ~ CI~ COUNCIL ~F T~ CI~ OF'DE~Y
BEA~, ~LOR~A, ASSRSSI~ COSTS FOR ABATING ~IS~CES
~. a~~ ~ bE~G .~ 'cosT OF SUCH.'A~T~
Li~N O~N-SnXD p~OP~y IN aN ~ AS SH~ Sy ~_
(CbPY' of' ResOlution No.' 10~66 ~'nd. accompanying assessments are attached
to the official copy of these minutes.) 'See pag® ~g0lH. ' '
~eso~u~i°"'~°.' ~0~ was ~aniaously' ~asse~ a~ ~d°p~ea"0~
first and f~nal' reading on motion by ~...Saunders add seconded bY
Croftl .........
8.c. ~e City Clerk ~reSented O~I~NCE..NO. 2~66. '
s~,. FLg~A, .A~XXN~ TO T~ .CITY OF DE~Y
is co~v~s ~o ~xxS~x~"~cx~~ ~Z~x~s o~ sai~ c~Y~~
. ~DEF~NG ~ BO~!ES OF sn~ ~ :TO IN~E ~IU
~: 'PR0~DxNG FOR ~ RIG~S'A~' OBLI~A~0NS~>~P Sam
LA~. A~ PRO~DING FOR T~ Z6NiNG T~:
(509 N..W. 7th Street) -5- ' ~ Z-14-66
(Copy. 0f Ordinan.ce No. 2-66 is attached to the official copy of these
minutes.} See page 50-I.
There being no .objection to Ordinance No. 2-66, said Ordinance was
unanimously passed and adopted on this second and final reading, on
motion by Mr.. Croft and seconded by Mr. Talbot.
8. do city Clerk w°rthing presented ORDINANCE NO. 3-66.
AN ORDLNANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
.BEACH, FLO. RIDA, ANNEXING TO THE CITY OF DELR~Y BEACH
-CERTAIN LAND LOCATED IN SECTION 21, TOWNSHIP 46 SOUTH,
RANGE 43 EAST, WHICH LAND IS. CONTIGUOUS TO EXISTING
MUNICIPAL LIMITS OF SAID cITY, A~D REDEFINING THE
BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND.
(400~ City Beach property 'on South A1A)
(Copy of .Ordinance No.. 3-66 is attached to the official copy of these
minutes.} See page 50-~.
There being no objection to Ordinance.~o. 3'-66, Mr. Saunders moved
that said Ordinance be passed and adopted .on this second and final read-
ing, the motion being'seconded by Mr. Talbot. Upon call of ro11, Mr.
Crofts. Mr. Saunders, Mr.. Talbot and Mayor Avery voted in favor of the
motion and Mr. Jurney was opposed.
8.e. The City Clerk presented ORDINANCE NO. 4-66.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY .BEACH, FLORIDA, DEANNEXING FROM THE CITY
OF DELEAY BEACH CERTAIN LANDS LOCATED IN SECTION
28, TOWNSHIP 46 SOUTH, RANGE 43 EAST.
(Copy of Ordinance No. 4-66 is attached to the official copy of these
minutes.) See page 50-K.
There being no objection .to Ordinance No. 4-66, said Ordinance. was
unanimously, passed and adopted on this second and final reading, on
motion by Mr. Croft and seconded by Mr. Jurney.
8.f. City Clerk Worthing presented ORDINANCE NO. 5-66.
AN ORDINANCE OF THE _CITY COUNCIL OF ~ CITY OF DELRAY
BEACH, FLORIDA, AMENDING SECTION 29-7.3° CHAPTER 29 OF
THE CODE OF ORDINANCES OF THIS CITY BY. ADDING SUg-SECTION
(14) PROVIDING FOR SPECIAL EXCEPTIONS~ CONDIT~ON~ GOVERN-
ING A.~.PLICATION~ ~ROCEDURE~ STANDfll~DS= FII~DINGS REOUIRED~ -
AND PROVIDING FOR AN EFFECTIVE DATE.
(Copy of Ordinance No. 5-66 is attached to the official copy of these
m~nu~es.) Soo page ~0,M-~0-?.
Foil_owing general discussion, Mr. Talbot moved .~ that .~nance No.
s.~6 ~e Passed on this aecond and final reading, ~he ~ Was sec-
onded by Mr. Jurney...City .Cler~ Wo~thing read Ordina.ee
full followed bY call of roll that said Ordinance be passed and the
~otion carried u~animously.
8.g. City Clerk wo~rthing presente_~ ORdiNANCE NO..6-66~
~ oRDinANCE o~ ~ .~TY co~. OF THE ~TY OF
TAINI~NG ~.~/~G HEIGHT REGULATIONS IN. THE R-3 .MUL-
-6- 2-14-66
(Copy of Ord~inance No.'6-66 is attached tO the offt~cial~J copy of the~e -
minutes.) See page 50-L.
City Clerk worth~ng informed '-the Council'~that 'he h%d received 126
protests to the adoption of said Ordinance. -'~- ~-
Mr. Kenneth Jacobsor~, Chairman o~' th6 Planning/Zonih~' Board% ex-
plained Ordinance No. 6-66, and said that it 'is the desire of the
Planning Board~ to help De'lray'Be~Ch groW- nice~y, and:' theY' beI~eve tha't
can be done by site Plan approval in the R-3 Multiple Family Dwelling
District.
Mr. J. Watson Dunbar, Secretary of the Beach Taxpayers '-League , Inc.,
read a letter-from said'League,-.objecting to-the passage of'Ordinance
No. 6-66. ~
Mrs. Dorothea Montgomery presented a~pet~t~on, signed by 34 share
holders of the Miramar G~rde~ Apartments, objecting toi~ %he-second part
of the proposed ordinance, amendmentS'
Mrs. Montgomery also objected to the second paragraph in the pro-
posed amendment to Section 29-7, (C)~ further, suggested a change in
set back requirements instead of there being no limit on height of
buildings in the R-3 Zone.
Mr. Karl K. Lohrman als6 suggested~ that set'back requirements be
'changed~, if necessary, but that the building height Should no~ exceed'
100 feet. "' ·
Mr. Paul Ledridge, a local realtor, objected to. the passage of
Ordinance No. 6-66, and Mr. J. W. Schmalz said that"he sees no reason
to make a change in the present ordinance.
Mr. Walter Dietz sUgge'S~:ed~ the% the qUe~ti-oh of Whether: :the resi-
dents of Delray Beach want the community to change to a high-rise
community, or whether they want-it to develop., m6derately,~ "'Should be
put to the voters, at the next election, ahd urged that no action be
taken to pass Said. ordinance this ~evening. -
Mrs. Winifred Hanigan, a lo'cal realtor,' asked questions about what
Ordinances No. 5-66 and No. 6-66 would_permit, and City Attorney Adams
explained different Parts'~of~the OrdinanCes.
Mr. Arthur Smith, Planning Director, explained the reason 'for de-~-
siring site plan approval of new construction in R-3 Multiple Family
Dwelling .Districts,. - - · - -- ~ .... ~':
FOllowing lengthy discu~siOn "and comments,' Mr. Jurney~'moved th~-t
Ordinance No. 6-66 be tabled~ for furthe~-study by'the Council 'and the
Planning/Zoning Board. The motion was seconded by Mr. Talbot and
carried unanimously.
8.h. City-Clerk Worthing presented' ORDINANCE NO.' 7=66.-
'AN ~ ORDINANCE OF'THE CITY COUNCIL-OF THE'CITY OF~ DE~RAY
BEACH,' FLORIDA, ANNEXING 5TO THE CITY OF DELRAY~ BEACH,
C~.RTAIN'LAN~, NAMEDY L~T 46,'~KE'~SHORE ESTATES, WHICH
LAND IS CONTIGUOUS TO. EXISTING~ MUNICIPAL ~IMITS OF' SAID
CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE
SAID LAND; P~OVIDING ~OR THE~ RIGHTS AND OBLIGATIONS' OF
SAID LAND; AND PROVID~.~. FOR THE ZONING THEREOF.
· ~02 N. W. 1st avenue)
Ordinance No. 7-66" was ~nani~o~sly~ placed o~' ~rst read~.ng, on
mo~ion by Mr. Croft and seconded~ by Mr. ~Jur~e~
8. i. City Clerk Worthing~-Present~-d ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING SUB~ECTION (E), SECTION~29-71
CHAPTER 29 OF THE CODE OF ORDINANCES OF THIS CITY PER-
TAINiI~G TO BUILDING S:I~E ;~REA ~QU~REMENTS .I-N.T~E R~3
MULTIPLE FAMILY DWELLING ~DIST~I~T; ~'" ". ~" --~'
(Copy of Ordinand~ No. 8-66 'is. a2tached to 'the official ..copy, of these
minutes. ) See PaE® ~0-E.
-7- 2-14-66
Mr. Paul Ledridge objected to .the passage of Ordinance No. 8-66,
and said that,~there are very few R-3 zoned parcels of land for sale
in the beach ~rea, and the passage of sa~d ordinance would cut' down
on the number of ap&rtments that could-be built on said properties
which would prevent them from being sold and developed.
Mr. Kenneth Jacobson, Chairman of the Planning/~.oning Board, said
that in recommending passage of the present ordinance concerning Build-
ing site area required in R-.3 multiple family dwelling district, they
had tried to simplify the ordinance,, and the interpretation.of build-
ing three units on 3600 square feet was not the intent ~f the ordinance~
further, that he feels Ordinance No. 8-66 would clear UP the intent of
the present ordirmnce.
Mr. Art Smith said that the way the ordinance is. presently written
a person could build three, units on 3600 square feet and four units on
4800 square feet, where 7000 square feet is requi~ed for two units, and
6000 square feet for one unit.
It was pointed out that this ordinance applies to al! R-3 zoned
areas in Delray Beach.
~olSlowing discussion and further clarification of the proposed
Ordinance by the-City Attorney and Planning Director, Mr. Saunders
moved that Ordin&nce NO. 8-66 be passed on this second and. f,inel read-
ing. The 'motion was seconded by Mr. Talbot and carried unanimous~y.
8, j. City Clerk Worthing presented ORDINANCE NO. 9-66.
. AN ORDINANCE OF THE CITY COUNCIL OF T~E CITY OF DELRAY
BEACH, FLORIDA,-AMENDING SUB-SECTIOnS (1)AND (2),
SECTION 29-7.4, CHAPTER 29 OF ~I~E,~IDH OF ORDINANCES
OF THIS-CITY PERTAINING TO-OFF ~STRE~T PARKING
MENTS.
(Copy of Or~inan~ No. 9-66 is attaChe~ to the, official copy of these
minut%s~) See page 50-~-50-~.
Mr. Howard G. ~harton asked where, in O~dina~ No. 9~66, the park-
ing requirements are set up for chain stores., la~ge food stores or
super markets?
The Planning Director explained that the possibility o£ writing
into :al~y ordinance something that would cover each and every building
to the best degree w~uld.be impossible; further, that there ,~s a depart-.
men~ store category and a ~retail shop ~ategory, and it w~.u~d be a mat-
ter of interpretatio~ as to what category a business or a~re.,would
come under.
Mr. Wharton said his concern is his oppositio~ to a proposed su~er
market in the block where the Post Office is located.
City. Manager Gatchel pointe~ out .~h~t~e,~aaning/Zon~ng Board and
Consultant 'George Simons, Jr. ha~ been studying the eel S,~eet parking
requirements sim~e last summer and had pres~ented Oounci,! ~lth recom-
mendations for change of same last fall, but since Council was consider-
ing hiring a Planning Director it was the desire that he also give his
thinking on same before an ordinance ameDdment was prel,S~pted~
Mrs. Dorothea Montgomery questioned, one and a hal£ ~prk~!ng spaces
for each dwelling .unit in multiple dwelling districts being adequate.
The P~anning D~rector pointed, out ~he advantage of site plan ap-
proval in regard to perking-requirements.
Following lengthy general discussion, Mr. Jurne~ moved ~hat Ordi-
nance No. 9-66 be passed on thi. s second and final re&d~ngo The ~mot~on
was seconded by Mr. Croft and carried unanimously.
8.k. The City Clerk p~e~ented ORDinANCE NO.
ROLL SUBMITTED BY T~ CITY MAN~ER OF SA~D CITY~
CONCT~RN/~'O THE OPENING, GRADIN~'~ ~P~VINO
PA~T OF N. W. 3RD AVENUE RU~ING 308.3 I~EET
-S- 2-14-66
FROM N. W. 11th. STP~ET, TO. A 'WIDTH OF: TWENTY-FOUR
FEET, SAID ASSESSMENT-ROLL BEING' ATTAC~ED HERETO
AND FORMING-A PART HEREOF. _~ --
Ordinance No. 10-66-was~una~imously placed on-thi~:, fi.rst reading,
on motion by Mr. Croft and seconded by Mr. 'Talbo,.~.
8.1. The City Clerk presented ORDINANCE NO.. 11-66.
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL. OF
CITY OF DELRAY BEACH, F~ORI~A, REPEALING ~E~TIONS
. 9-2, and .9-6, CHAP.TER 9,'0~ THE CODE OF ORDINANCE~
OF'THIS CITY .REQUIRING 'COUNCIL APPROVAL OF.CERTAIN
BUILDIN~ PERMITS.
(Copy of Ordinance No. 11-66 is attached to the official copy of these
minutes. } Ses ~a~e '50-C, ·
Ordinance No. tl-66 was unanimously passed and 'adopted on this
firstan~, final reading, on motioa by .Mr. Sa~rs and seconded by
Mr. Croft.
8.m. The City Clerk presented ORDINANCE NO. 12-66.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAy
BEACH, FLORIDA, ANNEXING TO-THE CITY .OF DELRAY BEACH,
FLORIDA, CERTAIN.'. PORT~ONS OF RIGHTS~OF-WA~, ~-AND ~T~E
I~TRACOASTAL WATERWAY WHERE SAME IS ADJACENT TO THE
CORPORATE LIMITS OF THIS CITY.
Ordinance No. 12-66 was unanimously placed on firs%"reading-on
motion by Mr. Talbot and seconded by Mr. Jurney.
8.n. City Clerk Worthing presented ORDINANCE NO 13-66.
AN ORDINANCE OF THE .CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, .~ANNEXING TO. THE CITY OF DELRAY-BE~CH
CERTAIN LAND, NAMELY LOT 17, SECOND ADDITION TO.. HIGH
ACRES, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL
LIMITS OF SAID CITY~ P~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. {404 N.. W. 18th Street)
Ordinance NO. 13-66 was unanimously placed on first reading, on
motion by Mr.. Talbot and seconded by Mr. Croft.
8.0. City Clerk Worthing presented ORDINANCE NO. 14-66.
AN ORDINANCE OF THE CITY-COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING SECTIO~.29-~.l (A) (1), CHAP-
TER 29 OF THE CODE OF ORDINANCES OF THIS CITY .~EP~TAIN-
ING TO USES PERMITTED IN THE C-1 LIMITED COMMERCIAL
DISTRICT.
City Clerk Worthing also read the. following..~lanning~,Zoning Board
report, dated February 8th, 1966:
"The Planning and Zoning Board respectfully submits the
following change for
Sec. 29-7.1 C-1 limited commercial district.
(n) USES PERMITTED
Within any C-1 }imited commercial district no
building, structure or land shall be used' and .no
building shall be erected; Structurally altered
-9-
"or enlarged, unless otherwise permitted by these
regulations, except f~r one, or m~re of the
following uses:
(1) Any use permitted in the R-3 multiple
family dwelting distr~ct provided however,
that any dwelling structure of three or more
family units shall be allowed only as a
special exception."
Mr. Saunde~s moved that Ordinance No. 14-66 be placed on this
first reading, the motion being seconded by Mr. Croft. Upon call of
ro11, Mr. Croft, Mr. Jurney, Mr. Saunders and Mayor Avery voted in
favor of the motion, and Mx. Talbot abstained from voting.
8.p. City Clerk Worthing presented ORDINANCE NO. 15-66.
AN ORDINANCE OF THE CITY COUNCIL OF THE-CITY OF DELRAY
BEACH, FLORIDA, AMENDING SECTION 13-2 (k), CHAPTER 13,
CODE OF ORDINANCES-OF THIS CITY 'PERTAINING TO TERMIN-
ATION OF ELECTRICIANS'-CERTIFXCATES ISSUED BY THIS CITY.
Ordinance No. 15-66 was unanimously placed on first reading, on
motion by Mr. Croft and seconded by Mr. Jurney.
9. There were no reports.
10.a. The City.Clerk presented'Bills fo'r Approval, as follows:
General Fund' $ 317,087.46
Water Ope~ating & Maintenance Fund 6,097.09
Water RevenueFund 376,995.39=
Special Assessment Fund 14,862.50'
Refundable Deposits Fund 2,296.29
Disaster Fund 252.65
Improvement-Fund 3,055.90
Capital Improvements .Construction Fund 180.00
Cigarette Tax Fund 5,358.00
Sewer Construction Trust Fund 466,522.64
The b~lls .were unanimoue~y ordered'paid, on motion by Mr. Saunders
and seconded by,Mr. Croft.
The meeting adjourned at ll:3S P.M.
City Clerk
APPROVED:
2-14-66
50-A
ORDINANCE NO. 10-66.
AN ORDINANCE ~ THE CITY OF DELRAY-BEACH,
FLORIDA LE~NGT~EASSESSMENTS'A~ SHOWN
BY THE ASSESSMENT ROLL SUBMITT~Y'T~E
CITY MANAGER OF SAX'D CIT~, CONC~REING THE
OPENING, GRADING ~ PAVING OF THAT' PART
OF N. W. 3rd A~ENUE RUNNING 308.3 FEET "'
SOUTHWARD FROM N. W. llth STREET, TO A
- - , WIDTH OF ~Y-FOUR F~ET,~ SAID ASSESSME~
KOLL BEING ATTAC~E~'HE~ETO AND' FOI~LING'A
- PART HEREOF.
W~EREAS, the City Manager of the City,of Delray
Beach, Florida has, in pursuance to the Chart~'ofsaid city,
submitted to the City Council for approval, a report of the
costs, and the assessment roll for the opening, grading and
paving of that part of N. W. 3~d Avenue running 308.3. feet
southward.from N. W. llth Street to a width
(24) feet. ~ .....
WHEREAS, said report and assessmentwo11 was
approved by the City Council in regular session on the 14th'~
day of February, 1966, and
WHEREAS, due ~ot~ce'concern~ng said assessment
roll was given by advertisement, by'the City Clerk) ~n accord-
ance with the City Charter of said City, for the purpose of hear-
ing objections to said'asSessment roll, and -.
~T~EREAS, no sufficient objections were received to
the confirmation Of said assessment roll,
NOW, THEREFORE, BE IT ORDAINED BY THE "CITY COUNCIL
OF THE CITY OF DELRAY BEACH, FLORIDA,' AS FOLLOWS:
SECTION 1. The assessments, as shown by ~said 'as-
sessment roll which is attaChedhereto.'&nd made a part hereof,
are hereby levied against the properties shown and in the'a-
mounts stated on said assessment roll, said aSsessments.to be
paid in three equal annual installments, together wi~"interest
at the rate of 8%per annum, the first installment becom!Dg due
and payable on April 1~ 19~' 'and on the .l~h
m~ ~ for the next ensuing two yaarsi and said spe-
Cial'assessments, so levied, shall be a lien from the date the
assessments become.e~fect~ve, upon the respective lots and par-
celslof land described'insaid assessment roll, of the same nature
and to the.same extent as the liens for general citYtaXes, and
shall be collectible in the same manner and with the same penalties
and under the same provisions, as to sale and forfeiture as City
taxes are collect~ble.
PASSED in regular session on second and final reading
on this the l~th day of Ma~¢h , 1966o'
' /S/ AI..C. Awe~v ' . _.
MAYOR
ATTEST: ' ·
City Clerk "
First Reading ,__' ~,~,,,,,= 'Ih.
SeCond Reading Ma~ch 1~, I966
ASSESS,~ENT ROLL
For opening, grading a~d paving of that part of N. W.
Avenue running 308~3 feet southward from N. W. llth Street,
to a width of twenty~four feet.
DESCRIPTION OF FRONT FRONT FT. TOTAL
PROPERTY ~WNER~ FOOT~G~ ASSESSMEN~ ASS'_M~
South 100 ft of West Paul w. ~. 100 $3.71709 ~37i.?1
154.65 ft of East haIf Christine
of Northwest quarter Ledridge
of Lot 9 less West 25 ft
Section 8-46-43.
No=th 90 ft of-South Addie. F. 90 " 334.53
190 ft of West 154.65 Ledridge
ft of. East half of
Northwest quarter of
Lot 9 less West 25 ft
Section 8-46-43.
West 154.97-ft of East Thomas G., Jr. & 118,3 " 439.73
half of Northwest quar- Lillian R. Foster
ter of Lot 9 less South
190 ft, less North 25 ft
& less West 25 ft
section 8-46-43.
west half of Northwest J. Morga~ & 118.3 " 439~73
quarter of Lot 9 ~ess Mae H. Mikell
West 167.46 ft, less
South 190 ft, -less North
25 ft & less East 25 ft
SeCtion 8~46-43..
North 95 ft of ~outh Jack Lee &E~na 95 " 353.13
190 ft ~f West half of Lee SaHnders
Northweat quarter of'L~t
9 ,less West I67.46 ft &
.~ess East 25 ft
"Section 8-46-4~,
· out~ 95 ft of West Wm. M. & Betty R~ 95 " 353.13
half of Northwest quar- Hunt
,~er of Lot 9 less West
16~6 ft & less Eas~
25 ft, Section 8-46-43.,
6l~.6'f~et $2,291.96.
Advertising:
D. B. Eews-Journal $ 37.10
Sun Sentinel 4.90
P. B. Post Times 9.14
Assessment-Roll (est) 13.20
Ordinance Caption (est} 6.60
Construction Contract
Turner Nurseries 2~47~.$8 ....
$2,"~4~..62
Less 10% City s~are of cost
per Res. No. 22-65 .... 2~.~,66,
*90% to be assessed $2,29~i96
O~DINANCE NO. 11-66.
AN EMERGENCY ORDINANCE. OF THE CITY COUNCIL
OF THE CITY OF DELRAY BEACH, FLORIDA, RE-
PEALING SECTIONS 9-2, '~and 9-6, CHAPTER 9
OF THE CODE OF ORDINANCES?OF T~IS CITY RE-.
OUIRING COUNCIL APPROVAL OF CERTAIN BUILD-
ING PERMITS.
WHEREAS, the City Council of the City of Delray
Beach. Florida, deems it in the best interests pf the Citi-
zens of 'this community to repeal the sections~ 6f th~ Cod~
of Ordinances requiring Council approval of certain build--
ing permits ~ and
~HEREAS, an emergency Ordinance is authorized
under ~Section 30 of the City Charter of' this City when~for
the purpose of facilitating'the-daily operation of 'a munici-
pal departme~t~
NOW~ THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
OF T~E CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section' 1. That Section 9-2, Chapter 9, Code of
Ordinances of the City of Del~ay Beach, Florida~ be, and the
same is hereby repealed. -'
Section 2. That Section 9-6; Chapter 9, Code of
Ordinances of the City of Delray Beach, ~lorida, be; and the'
same is hereby repealed.
Section 3. ~his ordinance ia deemed to.be an..
emergency ordinance and shall become effective immed, iately.
PASSED and ADOPTED on this 14th day of February, 1966.
/S/ A1 < 0 ~ UAve,.~.y .
MAYOR.
ATTEST:
City Clerk
PROPERTIES IN VIOLATION OF ORDINANCE NO. G-147
A~O SECTZ0NS 15-3 & 15-~ 0F THE CZT~ CODE
PROPERTM~.
O~NER ADDRES DESCRIPT!~N
1.City of Delray ~each Oity Hall North ~ of 16 15-3
Delray Beach, Fla. foot alley in 15-4
Bto~k 5,
Rosemont Park
2.AuguSt C. Huber, et 826 N. W~ 5th Ave. Lo~s 7, 8, & 9 15-3
al Delray Beach, Fla. less West 10 foot 15-~
.R/W, Haller
Gtc otman
3.George D. & Harriett Cemtral Valley S.W. ~ of Lot 9 15-3
W. Oornell New York less East, South
west
Section 8 46 43
~.City of Delray ~each ~ Ci{y Hall 50~f~o% Street 15-3'
Delray Beach, Fla. R/w~of S~terling 15-4
Avenue between
S.W. ~th Ave.
Southridge Road
5. Kenneth Gary 1i2 N. W; 5th Ave. Lot I9
· 15.3
Delray Beach, Fla. Sundy~& Tenbrook 15'4
Addition
6oOtty of Delray Beach City Hall Part of 16 foot 15-3
Delray Beach, Fla~~ alley East of Lot 15-~
24 of Block 12,
Monroe S/D
7.City of Delray ~each City Hall 16 foot alley in 15-3
Delray Beach, Fla. Block 43 15-~
Violations 15-3 & 15-4 as concerns this ~eport are as follows:
1. 1%-3 Trash & Iim~s
15-~ Weeds & underbrush
2. 15-3 01d trash, Junk, limbs, & Palmfronds
15-4 Weeds
3. 15-3 ~o dead pine trees on West vacant part
4- 15-3 Dead pine trees¥, broken trees & limbs
15-4 Weeds, underbrush, vines & Scrub Oak
5. 15-3 Dead'~logs, limbS, & trash
15-4 Weeds~ vines & Underbrush
6. 15-3 Old trees, logs, & t~ash
15-4 Weeds & underbrush
7. 15-3 Dead limbs, trash & Junk
15-4 Weeds &underbrush
SUbmitted to the City Council by the City Manager
on this the 14th day of ~ebruary, 1966~
5o
ORDINANCE NO. 8-66.
~ o~,¥~c~ o~ ~ CITY C~mCIL o~,
S~-SECTION (E) , "' SECTION 79-7, ~PTER
PERTAI~NG ~ B~L~ SITE A~
~S IN ~ R-3. ~iP~ F~LY D~LLING
DISTRI~.
N~, T~FO~, BE ~ O~AI~ BY
~ CI~ OF DEL~Y e~ FLOR~A, AS FOLLOW~:
Section 1. ~at d~-seC~ion (E),
Code of Ordi~nces of ~e City be a~ ~e s~me is hereby amended
to rea~ as foilows:
"Sec. 29~7, R-3 ~ultt91e family ~We111:g
(E) BU~ING SITE A~A. ~I~D
Eve~y'buil~ing hereafter ereC~d or structurally
altere6 shall provide a lot area ~r family
less then the .following=
~or one family dwelling structure'-"6,000 square feet
and ~or each family ~ thereafter, an a~a~tio~l 1,000
square fee~ shall be
The lot width ~or a one or t~ .family dwelling s~11
be not less th~n s~ty (60) feet meas~e~ at the
line.
~ere a lot or parcel of lan~ has an a~ea or
less than ~Ae above ~n~'~s a lot of '~ec0fd at
of the e~feetive date of thi~ Ord~nance, (Sections 29-1 -
29-2.10) s~iE lot may ~ u~e~ for a one and t~ family
d~lling p~ovide~ ~he minimum Side, front and ~ear yard
re~irements as set forth he=etn are con'f~d
Section 2. That if any ~r~, phrase, clause, sentence .or part
of ~&s oratna~ee shall be ~eelar~ 11.legal by a court o~ competent
j~ts~ction, such record of 11legal&fy .shall
remaining portion.
PASSED tn re~lar sesst~ on the secon~ and final reading on
the I~A ~ay of Fe%~ua~ ,1966.
/g/. Al. ~.- A~e~7 .....
MA~OR
/s/ ~. O. ,wo~
City Clerk
First Reading ~u~7 31, 19,66 . .
Second Reading February lb, 1966
50-F
RESOLUTION NO. 9-66.
A RESOLUTION OF THE .CITY-~QUNCIL OP ~ CITY
· OF DELRAY BEACH, FLOriDA AUTKORIZI~G THE. CITY
M~NAGER TO PROCEED WITH THE CONSTRUCTION OF
SIDEWALKS, FIUE FEET IN WIDTH, ~qITHIN THE
STREET RIGBTS-OFz~Y OF VARIOUS STREETS IN
THE WESTERN SECTOR .OF THE CITY.
WHEREAS, the City Council of the City of Delray ~each,
~lorida, did, on the 24th day of January, 1966, by adopt£on of
Resolution No. 6-66, determine to proceed with the construction
of sidewalks within the street rights-of-way of the following
streets in the western sector of the CitY:
1. On the East side of ~ 8th Ave. from Atlantic Ave. to NW 2nd St.~
2. on the East side of NW 10th Ave. from Atlantic Ave. to the SOuth
line of Lot 6, Block C, West side Heights=
3. On the East side of NW 10th Ave. f~rom 2nd to 3rd streets~
4. on the SOuth side of NW 2nd St. from 10th to 14th Avenues~
5. On the EaSt side of NW 14th Ave. from ~tlantic Ave. to 2nd
St. less LOt 23, Block. l, O~anns S/D~
.6. On the East aide of SW 14th Ave. from Atlantic Ave. to 3~d St.~
?o On'the Ea'st'.s~e of SW 11th Ave. from 2nd tO 3r~ Streets~.
8. O~ the East side of SW 10th Ave. from Atlantic Ave. to 2nd
9. On the East side of SW 8th Ave. from Atlantic Ave. to 3rd
10. On the South side of SW 2nd street from 5th to 11th Avenues.~
AND
11. On the South side of SW 3rd St, from 8th to 13th Avenues.
WHEREAS, the resolution prov~d£ng therefor has been duly
published as re..quired by theClty Chad%er, togeth.~r with a notice
that objections to said improvement would be heard, and
WHEREAS, no sufficient objections have been. made %~ such
proposed 'improvement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City ~f Delray Beach, Floridao that the City Manager be and
he is hereby instructed to proceed wiSh-the construction of Side-
walks within the street rights-.of-way of the above listed streets
in the western sector of ~he City, to a width of five feet, accord-
ing to the. plans and spe~if~cations heretofore filed ~ith the City
Clerk, and a c~y .thereof filed in the office of the City Manager
and ~ept open for-~ns~ection-of the public.
Passed in regular session on this the 14th Say of
February, i966.
/S/ AI~ ~. Ave~..y.' . MAYOR
ATTEST ~
City Clerk
RESOLUTION NO. 10-66. 50-G
A RESOLUTION OF THE CITY COUN~IL OF THE CITY OF DEl&lAY
BEACH, FLORIDA, A~SEsS~NG COSTS FOR ABATING NUISANCES
UPON CERTAIN LANDS LOCATED WITHIN SAID CITY; SETTING
ow AC~AL COSTS I~C~aED ~Y SA~D CITY TO ACCOMPLISH
SUCH ABATEMENT ~ LEV~N~ THE COST OF SUCH ABATEMENT
OF SAID NUIBANCES~-AND~:.CLARING SAID LEVY'TO'BE.A
LIEN UPON sam P~0P~?~'~ AN~O~ aS SHOWS~Y~-
PORT OF THE CITY MANAGER O~F DELRAY BEACH, FLORIDA.
WHEREAS, the City Council of the City of Dekray Beach, did, in
regular. /~/~/////////session held on the 22nd of November and
13th of December, 1965. ~ de~lare th~"~Xistence of a nui-
sance u~on 'cer~a~'~ i~S or pa~ceis"0~ land, described in a list sub-
mitted to them, for violatfo~ of the provisions of Ordinance G-147;
WHEREAS, pursuant to such declaration, the City Clerk cf said
City did furnish each of the respective owners of the lands described
in said list with a notice d~scribing the nature of the nuisance and
that they must abate said nuisance within thirty. (30) days, failing
in which the City Council w~uld.~ave it done, and the cost thereof
would be levied as an assessment against said. property~ and
WI{EREAS, the owners hereinafter named did fail and neglect to
abate the nuisance exist/ng upon their respective lands within the
time prescribed in Said notice and Ordinance G-147, and the City of
Delray Beach was~equired to and did enter upon the following lands
and incur cos~s-'in aba~ing the nuisance eXisting 'thereon'as described
in the aforesaid list; and
WHEREAS, the City Manager of the City of Delray Beach, has, pur-
suant to said OrdiDmnce G-l~7 and the City Charter submitt~d to the
City Council a report of the costs incurred in abating the nuisance
as aforesaid, said report indicating the costs per parcel of land
involved.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CItY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
1. That assessments in the individual amounts as shown by the
report of the 'City Manager of the City of Delray Beach, involving the
City's cost of abating the aforesaid nuisances upon the ~ots or par-
cels of land described in said report, a copy of which is a~tached
hereto and made a part hereof, are levied against the parcels of land
described on said report and in the amounts indicated thereo~. Said
assessments so levied shall be a lien upon the respective lots and
parcels of land.described in said report, of the same nature and to
the same extent as the lien for general city taxes and. sha~l be col-
lectible in the same manner and with the same penalties and under the
same provisions ~s to sale and foreclosure as city taxes are Collect-
ible.
2. That the City Clerk of said City sha11,~ as soon as possible
after the effective date, record a certified copy of this resolution
in the office of the Clerk of the Circuit court in_and for Palm Beach
county, Florida, and shall furnish, to each of the owners name~ in and
upon said report a notice that the City Council of the City of Delray
Beach, did, on the 22nd ~f November.&.%~.ef Decembers... 19~5 ~
order the abatemen~ of a certain ~isance existing on their described
property and property owner having"~ailed to abate such nuisance,
within the 30 day period, whereupon it was abated by the City at costs
shown in said report and such assessments shall be legal, valid and
binding obligations upon the property against which said assessments
are levied. This resolution shall become effective 30 day~ from the
~te o~ adoption, and the assessments contained herein shall become
du~e a~d payable thirty days after the ~ailing date of the notice of
sa~d. assessment, after which interes~ ~hallaccrue at the rate of 6%
per annum on any unpaid portion there~.
PASSED AND ADOPTED in regular, sg,~ion o~ the ~4~h.. 0ay of
February A.D. 19 66
ATTEST~ /S/A1. C. Avery .~. - ~ . ...
' -'~'~- M A Y O R ~- '
/S/ R. D. Wq~.thlng ..... ,.
COST OF ABATINS;N~ISAN~ES %~RDER ORBINAN~E NO. G-147.
PROPERTY DESCRIPTION OWNER ASSESSMENT
November 2.2~ 1965 list. -- -
Lot "N", Tropic Palms. Nor Mel Investments,~ Inc. $15.00
Lot 30 and Eas~ 35 feet of J~ W. & Adele Richardson $29.50
LOt 31, Delray Beach Esplanade.
Lots 3,' 4, and 5, Block 5; Jeanette & Harriet V.
Rosemont Park. Gutterman -$34.50
D~cember..13~' 1965 ~list.
West:*12§ feet of. North 150 K.;-E. W. Realty Ce., Inc. $30.00
feet of Ocean Beach .Lot 32.
50-~
ORDINANCE NO. 2-66.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, ANNEXING TO THE
CITY OF DELRAY BEACH CERTAIN LAND, NAMELY LOT
16, LAKE IDA MANOR, WHICH LAND IS CONTIGUOUS
TO EXISTING MUNICIPAL LIMITS OF SAID .CITY=
REDEFINING THE BOUNDARIES OF SAID CITY TO IN-
CLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND
OBLIGATIONS OF SAID LAND; AND PROVIDING FOR
THE ZONING THEREOF.
WHEREAS, GLENN B. SWANSON and INA RAy SWANSON .(his
are the fee simple owners of the property hereinafter described,
WHEREAS, said GLENN B. SWANSON and INA PAY SWANSON (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 au-
thorized to annex lands in accordance with Section I85.! of the city
Charter of said City granted to it by th~ State of Florida;
NOW, THEREFORE, BE IT ORDAI~ BY THE CITY COI~CIL OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
SE. CTION .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:
That tract of land, namely Lot 16, LAKE IDA
MANOR, per Plat Book 23, page 138, Public
Records of palm B~ach County, Florida.
SECTION 2. That the boundaries of the City of Delray
Beach, Florida, are hereby redefined so as to include therein the
above described tract of land and said land is hereby~declared to
be within the corporate limits of the City of Delray Beach, Florida.
.S.E. CTI.ON 3.. That the tract of land here!nabove described
is hereby declare~ 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.
SECTIO. E S. 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 port.ion.
PASSED in regular session on the second and final reading
on this the l~th day .of February , 1966.
/SI Al, ~, A~er~ ...
~AYOR
ATTEST:
City Clerk
First Reading ~nua~y 2~, 1966 Second Reading Februar[...l~ ~966_~
ORDINANCE NO. 3-66.
AN ORDINANCE OF T~]~ CI.TY COUNCIL OF ~HE CITY OF
TowNsHiP 46' SO%~TH, *RANGE 4'3' '~AgT, WHICH LA~'" IS
CONTIGUOUS TO ~XISTIN~ M~NICIPAL LIMITS O~ SAID
CITY,'~AND~ REDEFINING T~E 'BOUNDA~L~S OF SAID CiTY
TO I~CU~~' S~O ~D.
WHEREAS, the City of Del~ay BeaCh, A Municipal Corporation
of the State of' Florida, is the fee simple owller of the property
hereinafter described, and
WHEREAS, the City of Delray Beach has .heretofore been
authorized tO annex lan~s in accordance with ~eetion 185.! of
City ChArter of said' 'City grante~ to it by the ~tate of Florida;
r~R~!ON 1. That the City Council of the City of Delray
BeaCh, Pal~' ~ach Cowry, FlOrida, hereby annexes to said City the
following described tract of land located in Pa1m Bea~ County,
Florida, which lies contiguous to said City, to-wit:
~at t~act of land~ in S~tion 21, To, ship
46 S~u~h,' Range 43 East, Palm Beach County,
Florida, described as follows:
~at part of ~e South 400 feet of the North
4680 feet of Section 21, To, ship 46 Sou~,
~nge 43 East,' Which part is bounded on the
West by the Easterly boundary line of the
=i~ht-°f-way of State Road A1A (formerly
~%~te'R°ad 140) and on the East by the waters
SE~ION.~. ~at the boundaries of the. City of Delray Beach,
Florida, ~F9 ~eb~.Y redefined So as to include ther:ein' the above de-
scribed ~f~'tOf i~n~, and said land is hereby deciared to be within
the =orporae~~' fk~i~s 0f th~ Ciey of Delray Beach, FlOrida.
.That if any ~rd, phrase,[ clause, sentence
~rt of t shall be ~.lared i11e~1-by a court of compe-
tent such record of i;llegali%y sba11 ~in no ~y affect
the
PA$~D in re~lar session on the second and final reading on
this ~e lhth day of February , 1966.
ATTEST
,,/S/ ~. D. Wo~hfn~ .
City Clerk
First Reading JaauaPy ~, 1966
Second Reading ..FebP]a~ 1~,. 1966
~O-.K-
ORDINANCE N~. 4-66.
AN ORDINANCE ®F THE CITY~ COUNCIL
THE CITY OF DELRAY BEACH, FLORIDA,
DEANNEXING FROM THE CITY OF DELRAY
BEA~ CERTAIN LANDS' LOCATED'~ IN SECTION
28, TOWNSHIP 46 SOUTH, RAN~E~43' EAST.
WHEREAS, the City Council of the City of Delray
Beach, Florida, enacted Ordinance No. G-463 on October 22,
1962, annexing certain properties to the existing municipal
~l£mits of said City; and
WHEREAS, a portion of said lands included a portion
of State Road A-1-A (formerly State Road 147)~ and
WHEREAS, the City Council.of.the City of Delray
Beach, Florida, deems it in the best ~interests of the citizens
of this community to deanmex a portion of said State Road A,1-A,
NOW, THEREFORE,. BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, 'FLORIDA, AS FOLLOWS:
That the City ~ouncil ef the City of Delray Beach
hereby deannexes from said City,' the following described tract:
Ail that portion of state Road No. A-1-A
(formerly state Road No'. 140). tying south
of Government Lot 1 located in Section 28,
Township 46 South, Range 43-:East, according
to the plat thereof on f~le with the Clerk of
the Circuit Court in and"for Palm Beach County,
Florida.
PASSED in regular session on the second "and final
reading on the l~th day of F~b~ua~.7 , 1966.
]~] Al. O. Avery
MAYOR
ATTE ST:
City Clerk
First Reading January
Second Reading FebPma~ 1~ 1966
· ORDINANCE NO;' 6-66.
AN ORDINANCE OF .THE ' CITY COUNC/L OF' THE CITY
OF DELRBY ~EACH, FLORIDA; 'AMENDING SUB-SECTION
(C), SECTION'29 - 7,¥CHAPTER 29 -OF'THE CODE OF
ORDIN~,NCES OF ~ THIS 'CITY PERTAINING ~TO 'BUXLDING
HEIGHT P-~GULATIONS IN THE R-$ MULTIPLE FAMILY
DWELLING DISTRICT.
NOW, BE IT ORDAIEED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:' ,
Section 1. Sub-section (C), Section 29 = 7 of the Code
of Ordinances of the City be and the same is hereby amended to
read as follows'-.
"Sec. 29 - 7, 'R-3 Multi.Die Family .DWelIing DiStXict.
(C) BUILDING HEIGHT REGULATIONS
No buildings in an R-3 District may be e=ected.
to a height exceeding forty-five (45) feet measu=ed
from the highest finished grade to the ceiling of
the highest floor except as follows:
On lots fronting the ocean ,or intracoastal waterway
the regular height requirements may be e~eeeded as
a' special exception as provided in Sub-section (14)
of Section 29 - 7.5."
Section 2. That if any word, phrase, clause, sentence
or part of this ordinance shall be declared iilegal by a court of
competent Jurisdiction, such record of illegality shall in no way
affect the-remaining portion.
PASSED on second and final reading in regular session
on th~s the 2~th day of FebPuary , 1966.
,,/$/.A1,. O. Avery ......
MA YOR-
ATTEST:
.l~l..~l D. Worthin~ C~ty Clerk
First Reading . Ja.n..u_ar.~ 2k. 1966 ._
Secona aead~g .~e~rua~ 25, .1966
ORDTNANCE NO,, 5-66.
A~ ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDI~G SECTION 29-7.5,
CHAPTER 29 OF THE CODE OF ORDINANCES OF THIS
CITY BY ADDING SUB-SECTION (14) PROVIDING FOR
SPECIAL ExCEPTIONSI CONDITIONS GOVEREING APPLI-
CATIONs PROCEDURB~ STANDARDS.~ FINDINGS REOUIREDt
AND P~OVIDING F~R AN ~.FFECTIVE DATE. '
NOW, THEReFOrE, BE IT ORDAIN~-D BY THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, F~R~A, AS ~OWS t
~ction ~. ~ction 29-7.5, ~apter 29 of the Code of
~ances of the City be and the sa~ ~s hereby amended by adding S~-
~e~tio~ [14) to r~a~ as follows:
"(14} S~c~al exceptions defined: Conditions
Governing A~lica~ion~ Pro~ure~ Standards~
F~ndings Required.
A. ~e City Council shall deciae onl~ such s~c~al
exceptions as are s~ui~ica~ly au~o=ized by the
_terms' of ~e zoning ordinance: to dec~de such quest~on.
as are involved in dete~ining whe~er s~ciaI excep-
tions should be grante~ and to grant special excep-
tions wi~ such conditions and 'safeg~rds as are a~
p=opriar~ under ~e zoning ordinance~ or to deny
s~o~l excep~io~ ~n no~ in hat.ny W~h ~he pur-
~, i~tent, and =e~ire~nts of the zoning ordinance
a~ ~is section. No '~s~cial exception sha~ll ~
ed unt~l the application ~s ~en referred to ~e Plan-
E. Any person, f~rm or ~r~rat~on o~ing
w~th~n ~e City o~ Delray ~ach, Flor$~,
to obtain a s~cial exception as p=escr~d
1~ ~der ~e Zo~ng ~d~n~ of~e C~ty or
a~n~nts ~reto shall proceed in the ~o11~ing
(1) su~ ~r~n, f~rm or cor~ration shall
file .an application ~or a s~cial exception
wl~e Director of P~nn~nq, Zoning and
Ins~ct~on. Said ap~lication shall be ~n a
fo~ s~s~ntially ~n accordance with the form'
prescr~d by said D~tec~or, cop~es of ~ch
may be ob~n~ from ~he BulLdOg ~r~ent
of the C~ty. ~e ~u~o~ity au~oriz~ a
~r~n o~er ~an the o~er to .~ such
application must ~ attached to and ac~pa~y
~d application. No fee is required
~il~ng sa~d aPp~oat~on.
(2) The Director of P~nn~g, Finning ~d
Ins~ction shall ~en refer ~e a~lica2~on
to the P~nn~ng ~ard a~ shall provide
a public hearing of ~e abutting
o~rs in e~ordan~ w~ the ~ollow~ng~
50-N
,~age 2. ORDINANCE NO. 5-66.
(a) If less then a city block is
involved ~'nd where the portion
petltione4 for special exception ·
is a corner, the owners of the
property for'one block on both sides
of the'intersecting streets from that
corner must be notified.
(b) If less thane city-block is £nvolved
and where the portion'petitioned for
special exception is not on a Corner,
the owners of the property elong the street
on which the petitioned property faces for
a distance of three hundred feet (300') in
both directions from the property petitioned,
must be notified.
(c) If a city block or more is involved, the
owners of the property lying for a depth of
one block ~urrounding the property petitioned,
must-be notified.
(d) The ownership of the abuttingpropertiee
shall be determined by the City Clerk who
shall notify the owners by U. S. mail the
date and purpose of the ~Ianning Board hear~
lng at lea~t fi~e days in advance so that he
may be represented in person or by proxy.
Notice of the aforesaid meeting shall also
be published in a newspaper published in this
:city at least ten (10) days prior to the hear-
ing. After such'public hearing, the Planning
BOard shal~ pass upon the application before
it and ~ake its recommendations in accordance
with sub,S~ction F,~ The Board shall heve th~
right to=cruse to take action unless the
petitioner or,his, duly authorized egent is
present at the aforesaid hearing.
Co A special expept$on ie hereby defined as a use
or structure th~",w~.~ ..not be appr. opriate generally
or without restr!cti~.?throughout t~e' zoning division
or district but '~iC~ if controlle~ as to number,
area~ locati°n'9~"rei~tion to the ~eighb°rhood woul~
promote the publi~ h~lth, safety, welfare, morals,
order, comfort, ~onv~ience, prosperity or general
welfere, such uses or structures are permitted in
such zonin~ districts as special exceptions where
specific provision for such exceptions is made in
D. i sp~ial ~xcep~ion shall not.be recommendea by
the Planning Board unless-and until~
(1) TheP!anntng Board shall meke findings that
the granting 'of the special ~xceptiOn, with any
appropriate conditions and sefeguards that the
Board may deem necessary, will not adversely
affect the public interest.
(2) In reaching its conclusion.and in making
the findings, required ;in. (1), above, the Plan-
,ing Board shall consider afi~ weigh, among
~0-0
Page 3. ORDINANCE NO. 5-66.
others, the following factors and standards,
where appXicable, and shall show in record
such factors as were considered and the dis-
position made thereof. Further, the.Board
shall find in the case of any of these factors
and standards, where they may be relevant and
applicable, that the purposes and requirements
for granting the special exception have been
met by the applicant=
(a) ingress and egress to the property
and the proposed structures thereon, if any,
including such considerations as automotiv~.
and pedestrian safety and convenience,
traffic flow an~ control, and access in case
of fire or catastrophef
~b) off-street parking and loading, areas,
where required, including consideration
of relevant factors in (a) preceding end
the economic, noise, glare or odor effects
of the location of such areas on adjacent
and nearby properties and properties
generally~in the district!
(=} refuse and service areas, including
consideration of relevant factors in
and (b) preceding~
(d) utilities, including such considerations
as hook-in locations and availability and
co~patibilityof utilities for the proposed
use or structure~
(e) screening and buffering, including con-
siderations of such relevant factors as
type, dimensions and character to preserve
and improve compatibility and harmony of
use and structures between'the proposed
special exception and the uses and structures.~,
of adjacent a~ nearby properties and proper-
ties generally in the district~
(f) signs, if any, and proposed exterior
lighting, if any, with reference to glare,
traffic safety~ and economic effects of
same on properties in the district, and
compatibility and harmony with other proper-
ties in the district=
(g) required yards and open spaces;
(h) height of structure where related to
uses and structures on adjacent and nearby
properties and properties generally in the
district=
(i) general compatibility and harmony of
the use and structures U~der the proposed.
special excemtion with the Uses and structures
on adjacent and nearby:properties and proper-
ties generallyin the. district~
Page 4. ORDINANCE NO. 5~66.
(j) economic effects on adjacent and nearby
'properties and properties generally in the
d,i~trict of the grant of the special excep-
tion.
E. In recomm6nding special 'exception, the Planning
Board~ may~.~ugg$st.appropriate cond~i6ns an4 safeguards
in conformity with the standards herein set out in con-
formitywith the Zoning ordinance. In' recommending a
grant of special exception, the Planning Board may pre-
scribe a time limit within the action for which the
specialexception is granted shoul~ he begun or com-
pleted, or both.
F. The findings of such Planning. Board as herein-
above mentioned are recommendatory only. Upon receipt
of any such recommendation t~e City Co~ncil shall
review the application and recommendations .at the
next regular Council meeting following~he Planoing
Board hearing.
G. In granting any speCi~l exception, the City Council
may prescribe appropriate conditions and safeguards
in conformity with the stan~ards herein, setout in con-
formlty with the zoning ordinance. Violation of such
conditions and safeguards, When made a part of the terms
under which the special except'%on is granted~ shall be
deemed a violation of the .zOn~i~g oral,ncc 9nd.p~lish-
able under Section 29-7..10 Of t~e zoni~hgor~inance~
.a ing a grant of ex ep oO%'t C t "Council
m~ PrescriBe a' time limi~ withi~ ,~h, aC~$~n,~o~ which
~h~ special exce~ion is :g~a~te~''' ahai~ ~be beg,~.m: o~' com-
pleted:, or b°~-h~'~ ~i~u~e ,tO' begi~ or,~' ,.~'~ete'~ o~ bOth,
sv~h acti0~ w~thi~-the tim~ limi~~ sha'l~l v~d 'the sPeclal
e~ception'~- .
Section 2. That if any wor~, phrase, clause, sentence or part
of this ordinan~e shall be declared illegal by a =ouFt of competent
jurisdict~on, such record of i11egali~y shall in ~9 WaY affect the
remaining portion.
PASS.ED in regular session on the seoon~ a.~. fina~ reading
on the l~th day of FebmuaP~ , 1966.
/S/41. ¢. A,vez'_v,
MAYOR
ATTEST:
.,/~/ R. D, Wor,.,thinfl
'City Clerk
First Reading ~ .Janua~ 2~, '.1966
Second Reading F®b~ua~y i~, 196.6
50-Q
ORDINANCE NO. 9-66.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING.-
S~-SECTIONS (1) AND (2), SECTION 29-7.4,
CHAPTER 29 OF THE CODE OE ORDINANCES OF
THIS CITY PERTAINING TO. OFF ST~ET..pARK--
ING REQUIREMENTS.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
T~E CITY OF DELRAY REACH, FLOR'IDA, AS FOLLOWS~
Section 1. That Sub-Sections (1) and (2) Section
29-7.4, Chapter 29 of the Code Of Ordinances of.the city,be and
the same are hereby amended to read as follows:
"Sec. 29-7.4. Parking and loading requirements.
(1) For the purpose of t~ is ordinanc~, the term 'off
stree~ parking space' shall consist of a. minimum net
area of two hundred {200) squ~re ~eet of appropriate
dimensions for the parking of an automobile, exclusive
of access drives or aisles thereto~
(a) In the R-3, C-1, C-2 and C-3 districts, all
parking spaces, access drives and loading zones
shall be~haFd surface~...and dust proof.
(2) There shall be provided at the time o~_the erection
of any mai'n building or structure, or at the t~me~anymain
building or structure is'altered, enlarged or increased in
capacity by adding dwelling units, ~uest.ro~ms, floor =area
or seats, minimum off street automobile parking Spaces
with adequate provisions for ~ngress a~d egress.by an au-
tomobile of standard size, in accordance.with ~he followr
lng requirements:
(a) Dwelling..structures - one (1) space for each
dwelling unit except in the R*IAAA Single Family
Dwelling District, which will require'two (2). park-
ing spaces for each dwelling structure.
(b) Churches, temples or places of worship --One
(1) space for every ~ive {§) seats in the.main
auditorium.
(c) Country, golf, gun clubs - One (1) space for
every fiv~ (5) members.
(di Department stores - One (1) sp~ce for every
two hundred (200) square feet of non-storage floor
area.
(e) Retail shop, personal service establishment,--
automobile service, professionak offices - One
space for every One hundred and fifty (150) square
feet of non-storage or customer s~rvice floorarea.
(f) Furniture store - One (1) space for every four
hundred (400) equare, feet.~ nOn+storage floor area.
50-R
Page 2. ORDINANCE NO. 9-66.
(g) Hotels - Three (3} spaces~o= every four (4}
bedrooms.
(h) Multiple dwellings, apartment'houses, effi-
ciency apartments - One and One-half (1%) Spaces
for each dwelling unit.
(i) Hospitals, sanitariums - One (1} space for
every two (2) patient beds.
(j) Kennels aha animal hospi~ts ,A parking area
equal to thirty (30) per cent of the total enclosed
or covered area. · - '
(k) Libraries, museums - A parking areaequal to
fifty (50) per cent of the floor area open to the
public,
(1) Medical or dental offices or clinics - Three
(3) spaces for each doctor or dentist and one (1)
space for each nurse or attendant.
(m} Motels - One (1) space for each sleeping room.
(n) Nursing or convalescent homes - One (~} space
for every three (3) beds.
(o} Office buildings '- one (1) space for every
four hundred. (400) ~quare feet of gross floor area
within the building.
(p) Restaurants~ other eating places - One
space for every"~..~(4) seats, plus one (1) spac~
for every three (3) employees.
.(q) Rooming, boarding houses - One (1) space for
each sleeping room,
(r) Schools and public buildings - One (1) space
for every five (5) seats in the main auditorium or
place of assembly.
(s) Theatres - One (1) space for every five' (5) seats.
(t) Commercial, manufacturing and industrial concerns
not cateming to the retail trade - one {15 space for
every four hundred (400) square feet of gross floor area."
Section 2. That if any word, phrase, clause, sentence or
part of this ordinance shall be declared i11egal"by a court of com-
petent jurisdiction, such record of illegality shall in no way af-
fect the remaining portion.
PASSED in regular session on the second and final reading
on the l~th day of February ,1966.
ATTEST: ...... ~'M.A Y O R
/S/ R. D. Worthing
City Clerk
1st. reading _ January 31, 1966 . 2nd reading . .P~bp~a~y lk. 1966