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11-21-63SpMtg NOVEMBER 21, 1963 ~ ~ial ~eet~ng was held in the Council Chamber~ ~ 1:30 P.M., Thurs~.~]'iNovemb~r 21, 1963, with Mayor Walter Dietz i, ~e Chair, Coun=~{~4~ ~'y J. ~rrow, G~rge Talbot, Jr. and OI{~.~?W,' Woodard, ~ D~etz ~a~led the meeting to order and asked ~y Clerk worth~i~o de)iver the opening prayer. ;" ~9~ Dietz asked that O~INAN~ ~. ~-~08 as amV~e4 be read. AN O~I~NCE OF T~ cITY COUNCIL OF ~ OF DE~Y ~, FLO~DA, A~XING IN S~ION 9, ~SHIP 46 SO~, ~NG~'~ ~ID ~S~ PRO~DI~ FOR ~E ~GHTS OBLI~TIONS OF ~ID ~S~ A~ PRO~DiNG ~R ~ zONIN~ ~OF. (Copy of Ordinance No. G-508 as amended is atta~ed to and bec~es a part of the off,cia1 copy of these minutes.) (See Pa~es ~-A, ~0-B and ~0-~) City Clerk wOrthing read-O~inance No. G-S08 amending ~e origi- nal ordinance' ~ch ~s passed on se~nd and f~nal reading on October i4th, 1963. City Attorney Adams informed the ~cil th~s Ordinance had been draft~ in accordance w~ the agreement reached at the last Co~cil meeting, and Called attention to Section 8 that no further building permits would be issued on ~e aforesaid premises until ~e City was satisfied ~at .~e ~ers had complied w~th the provisions as set forth. C~ty Attorney Adams e~laine4 to the Co~cil that ac~rding to the Laws of Florida, Dr. ~ore has to Jo~n w~ ~s. Moore in execu- =t~ng the r~ght-of-way deeds and the ~ eas~ent deeds, further, that ~lnce ~e e~act locations had not been established ~t~l this ~ek, ~ere had not been sufficient time to get the deeds execute~ by Dr. Moore but expected that could be accomplished within a ~ek and should not necessarily hold UP the passing of ~s amended Ordinance. City Attorney Adams info.ed ~he Cocci1 ~at he had ~lked Dr. R. E. Rabo~, ~. Robert Gracey and Attorney Harry Ne~tt and they seem to be ~n ~ccord conuerning ~he conditions of ~is Ordinance, and suggested ~at Mrs. Moore state, for ~e record, ~ she agreeable to this and ~uld ab{de by ~. ~s. ~ith C. ~ore, Pelican ~ne, Delray Beach, Florida com- mented as f~Ilows~ "I ~ agreeable to what has been asked of me." Dr. Reborn co.eared'as 'follows: "I am Dr. Robert Reborn, 1177 N. E. 8~ Street, ~lray ~ach, and for ~e record I would say I am pleased wi~ ~ Ofdin~ce as ~s and fur~er add that I hope that Dr. and ~s, Moore a~d I'Will alsys be goo4 neighbors." ~. RObert ~race~ of ~lray Beach co~ented as'follows~ "I'm speaking as agent for the ~r~stianson family and ~ust, ~ch o~s the la~ to the South of ~s. M~r~s pro~=ty. I am in accord with Dr. Rab~n. and-~'-b~lf of the ~rist{an'sons have no objections. 11-21-63 Mr. Woodard asked the City Attorney, concerning. Section 3 of said Ordinance,if the front property line referred to meant the south botuldary of the property, regarding the 10 foot setback. City Attorney Adams enswered~ "Measured from the NOrth right- of-way line of the right-of-way, so it would be measured 27 feet from the South property line," Mr. Woodard mentioned Section S, paragraph 2, that the owners would save the City harmless from any expenses in=urred by the City which are necessitated because of any improper installation of the drainage or of the grading, and aske~ the City Attorney if that meant that the property owner, orthe City is responsible for paying for the drainage and road improvements. City Attorney Adams informed Mr. Woodard that the property owner is responsible for those improvements, but in the event the City had to go in and correct anything, this condition in Section $ would enable them to be reimbursed for any expense. Attorney Adams fHrther stated that the City would approve the improvement plans before installation of these facilities. Mr. Woodard moved that Ordinance No. G-508 be placed on first reading, the motion being seconded by Mr. Barrow. City Attorney Adams said the moratorium extending the time on Ordinance No. G-508 should be lifted. Mr. Woodard withdrew his motion, and so moved that the moratorium on the extension of time on Ordinance No, G-508 be lifted. Mr. Barrow seconded the motion after withdrawing his second to the other motion. The motion carried unanimously. Mr. Woodard moved that Ordinance No. G-508 be passed in its amended form, on second and final reading. The motion was seconded by Mr. Barrow. and carried unanimously. City Clerk Worthing reported that in compliance with the City Charter the result of the November 19th, I963 Primary Election is submitted to Council as~£ollows: J. LEROY CROFT 1071 AL¥CEB. HUSA 198 JAMES H. JURNEY 339 DANIEL R. N~FP 536 JAMES H. SCHEIPLEY 638 CARL I. SPADE 144 GEORGE TALBOT, JR. 914 HUGH VOGL 538 TOTAL VOTES CAST 2255 (Includes 13 Absentees) Mr. Woodard moved that the results of the November 19th, 1963 Primary Election be approved, the motion being seconded by Mr. Barrow and unanimously carried. Mr. Joe Kern, a Delray Beach realtor and appraiser, said that the Council had asked for an appraisal of the fair market value of the proposed parking lot properties and also the City-owned property at S. E. loth Street, but that he felt they shoutd give consideration of the value of the parking lots to the City. Mr. Kern informed the Council that gross rents in the Delray Beach area had dropped 30 per cent, further, that he has been making a parking study for West Atlantic Avenue and had been from Riveria Beach through looking at parking comparables, and found there is as high as 45 per cent loss in gross rents beuause of inadequate parking facilities. Mr. Kern said the loss in gross rent depreciates the value of the -2- 11-21-63 real estate and would eventually result in decreased assessed valua- tion and less taxes. M~~. Kern questioned the ordinance requirements c~c~rning park- ing i~9 C-1 and C-2 Zones and said they should-be ~lized. ~9{ Dietz said what he got out of Mr. Kern!sco.,~!~9~ts was that throu~'~e accomplishment of parking, Mx. Kern feelS!i'~t the city can s~pi'~n attrition in the loss of base values on-Wh~ taxation comes ~ the City. ~ ~. ~ern also said that Atlantic Avenue is the f~c~ of the City and of Atlantic Avenue could be compared beach%~-~!!;"'~Ch would affect the whole area. Mr. Woodard read the following letter from Rober~ ~. Archer, dated~N0vsmber 19, 1963: "T~9 writer respectfully requests an ~Exception~ ~o the size li~ation of display sign allowable under the foilowing con- ~gns and considerations. The writer represents the 3 owners who individually own contiguous parcels of land representing, in total, 1125' on the Seaboard R.R. running North from S.W. 10th St., with a depth of 425' from the R.R. West to S.W. 20th Ave. (Shaded in red on the attached map.) 2. This land is zoned for Light Industry. 3. Rather than 3 individual signs to the maximum allow- able size, the 3 owners jointly request permission to erect a single ~V' sign, one facing South-Bast the other side of the V facing South-West set back the required distance from S.W. 10th St. 4. The purpose would be to attract light industry or a commercial purchaser to Delray Beach through a common sign, advertising, and sale price for all 3 parcels of land combined. 5. The size of each face of the 'V' sign to be 8'x16'. The owners submit this would prove to the advantage of the City of Delray Beach and will abide by the Council's decision." Mr. Talbot said he felt this letter should be referred to the Planning/Zoning Board, also the Beautification Committee, and that he would like to hear from Building Inspector Hughson concerning same. Building Inspector Hughson informed the Council that according to the sign Ordinance, each of the three properties could be issued a permit to erect a sign 6! by 9' or 54 square feet on their pro- perties, but felt that placing one "V" sign near the intersection of S. W. 10th Street with 20th Avenue advertising the three pro- perties would not be as unsightly as three signs in the immediate vicinity. Mr. Hughson informed the Council that they could approve the erection of such a sign, and he did not feel the developers would place anything unsightly on their property as they were even deed res~ricting the property tO the extent that there will only be high class small manufacturin~ business, and will also control the landscaping that will be placed in these areas, further he did not think it would'be detrimental to'the City for the City to allow said sign in this area. -3- 11-21-63 Mr. Talbot asked if the Councilwould be setting a precedent in allowing this sign to which Mr.~Hughson answered that it would not set a precedent only in another area of the same magnitude, size and location. During discussion, Mayor Dietz said he felt, since Robert E. Archer and Roy Calamia are no longer in the real estate business together and that Mr. Calamia has extensive holdings and improvements in this area he shoUld be contacted before a permit for said sign is granted. Following discussion, Mr. Talbot moved that this item be referred to the Planning/Zoning Board and the Beautification Cdmmittee for a hearing if they deem necessary, also that Mr. Roy Calamia be notified, and that they report back to the Council. The motion was seconded by Mr. Woodard and carried unanimously. City Attorney Adams reported that the poles of the illegally erected billboard in the Trogic ,Isle Trading Centerhad finally been removed after numerous phone ca11~ concerning same. The meeting adjourned at 2=05 P.M. by order of Mayor Dietz. R. D.,WORTHING City Clerk APPROVED: MAYOR -4- 11-21-63 ~o A~ ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH CERTAIN LANDS LOCATED IN SECTION 9, TOWNSHIP 46 SOUTH, RANGE 43 ,EAST, WHICH LANDS ARE CONTIGUOUS TO EXIST- ING MUNICIPAL LL~ITS OF SAID CITY~ REDEFIN- ING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LANDS~ PROVIDING FOR T~E RIGHTS AND OBLIGATIONS OF SAID LANDS~ AND PROVIDING FOR THE ZONING THEREOF. WHEREAS, the ROB-E CORPORATION, a Florida Corl~ration, iS the fee sidle owner of the property hereinafter, described, and WHEREAS, ROBERT L. MOORE and EDITH C. MOORE~ his wife are the own%r~ af property hereinafter described, and WHEREAS, the said corporatio~ and ~BERT L. M~ORE and EDITH C, M0~RE, his wife, by and through their attorne~ ~ve peti- tioned, ~g~ented and given permission for the annexat!~n ~gf said propert~ ~! the City of Delray Beach, and WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in accordance-'wfth 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 DEL~AY 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 tracts of land located in Palm Beach County, Florida, which lie contiguous to said City, to-wit: The South 110' of the East 133' of Lot 25, Model Land Company Subdivision in Section 9, Township 46 South, Range 43 East, according to the plat thereof, recorded in the Office of the Clerk .of the Circuit Court in and for Palm Beach County, Florida, plat book 8, at page 40, and Beginning ag ~ point in the sou~h lin~ of Lot 25 of the S~ivision of' Said SeO~ion 9, according to' ~the plat thereof recorded ig Plat Book 8,~ .~age 40, Public ReCords of Pa/m Beach County, Florida, at a distance of 13.3 feet westerly, measured along the south line of said Lot 25, from the southeast cornem thereOf~ thence Westerly{ along the south line of Lots ~5, 24 and 11 of said subdivision, a distance of 750 feet, more or less, to a poigt in the~easterly right of WaY line of the I~tra- coastal wa~erway~ thence gortherly, along said easte.rly ~'~ght of way line~ a distance of ..1.0.3 feet, more Or less, to a point in the westerly exten'sion of the southerly line of a yacht basin~ thence eas~e=ly along the said westerly extension and along the waters edge of the southerly line of said yacht basin, a distance of 738 feet, more or l~s~, to a point fns l~ne runninq northerly line of 'said Lot 2'~, thence sout'~e=l~ along said parallel line, a distance of 110 feet, more or less, to the point of beginning. 5~0-B Se__~ction 2. That the boundaries of the City of Delray Beach, .Florida, are hereby redefined so'as to include therein the above des- cribed tracts and parcels of land, and said lands are hereby declared to be within the corporate limits of the City of Delray Beach, Florida. S_~ection 3. That the tracts of land hereinabove described are hereby declared to be in zoning District "R-3", as defined by existing ordinances of the City of Delray Beach, Florida, and subject to a ten (10') foot setback from front property line, measured from the north right of way line of the roadway hereinafter provided for, throug~ Lots 24 and 25 and at least ten (10') feet from the south property line of Lot 11. Section 4.~ That theowners will dedicate the north twenty- five (25) feet of the south twenty-seven (27) feet of said Lot 25 and Lot 24 for public roadway purposes. The owners willfurther provide two six foot drainage easements, one over the west six feet 6f Lot 25, and the other over the west six feet of Lot 24. The owners contemplate construction only on Lot 25 in the immed/ate future, and agree to con- struct a cul de'sac eighty feet in diameter at the west line of said Lot 25. Prior t~ construction on either Lots ,24 or 11, the owners agree to improve the' roadway through Lot 24 and to further construct a cul de sac eighty feet in diameter .at~ the west line of Lot 24. The owners may then abandon the cul de sac which was previously constructed. ~t the west line of Lot 25. The location of cul de sacs and easements herein described-are subject to change upon presentation, to the City of specific plans and speciflca~ions drawn in accordance to the building ~and zoning ordinances of the Cityof Delray Beach and with the approval of the City Council following public hearing with notice to contiguous property owners. · Section 5. The owners will provide drainage so that the water will follow the contour of the land and drain from east to west as far as the westernmost cul de sac and then will drain from said cul de sac to the finger canal lying contiguous to the.property on the north. Said drainage will be. accomplished by the use of storm sewer pipes of whatever diameter is specified by the CitY, and the storm sewer pipes will be placed within the boundaries of the aforementioned six foot easements. The 'above described drainage shall be designed by a quali- fied engineer and shall be approved by the City prior to the construc- tion thereof. AllConstruction shall beinaccordance with City stan- dards, and City 'representatives shall have access to t'he premises to inspect the constructionat all times during said,construction period. The owners will save the City harmless from any expenses incurred by the City which are neoessitated because of anYimproper installation of the drainage or of the grading; insofar as the same may pertain to the above described property. Section 6. The only on-street parking allowed within the aforesa'id roadway shall be parallel parking along the north side of the roadway within a seven foot strip. Section 7. .The owners shall provide ample space for con- venient ingress and egress for garbage and trash pickups as well as for fire and police vehicles. Section 8~ No further building permits shall' be issued on the aforesaid premises until the City is satisfied that the owners have complied with the provisions hereinabove set forth. Section 9~ That buildings may be erected to any sea wall which i's built along the northline of the second property above des- cribed; and that the assessedvalue of such land shall be. on the basis of $1,500.00 per ac're .until such portions thereof may be' improved or sold. --2-- section 10. That the lands her'einabove described shall immediately become~ubject to all of the franchises, privileges, im- munities, debts (e~ the existing bonded indebtedness), obligations, liabilities, ordinances and laws to which lands in the City of Delray Beach are now or may be, except for the provisions of Section 9 hereof, and ~ersons residing thereon shall be deemed citizens of the City of Delray Beach. S~ction, 11. That if any word, phrase, clause, sentence or part of this ordinance shall be declared illegal by a court of compe- tent jurisdiction, such record of illegality shall in no way affect the remaining portion. This ordinance was placed on first reading by this City Council at a Regular meeting held on September 23, 1963~ and said Council passed'it in its present amended form on Thursday, November 21, 1963, amending the action taken on October 14, 1963. MAYOR ATTEST: City Clerk 1st Reading: September 23, 1963 2nd Reading: October 14, 1963 -3-