03-12-59SpMtg MARCH 12TH, 1959.
A Special.Meeting of the City Council was held in the Council
Chambers at 2.00 P.~.., with Mayor George Talbot Jr in the Chair,
City Manager V~T. E. Lawson Jr., City Attorney Harry T. Newett and
Commissioners Charles H. Harbison, Fred B. McNeece and George V.
~arren being present.
City Manager Lawson read the following Report from the Planning/
Zoning Board dated March llth, 1959:
"The special hearing, on the matter of the Standard Oil Station
on Atlantic Avenue pertaining to the rezoning of the four corners
from C-1 to C-2 was held March 10th at 4:00 P.M.
Thirty-six people were notified and three appeared.
Before hearing objections Mr. MacMillan reaffirmed the purposes
of the petition in detail for the benefit of those present.
The Colony Hotel was the main objector.
The Planning Board went at this matter from all angles ~and fi-
nally decided that the best overall solution to the problem was to
create a new zone C-iA on the four corners of Atlantic Avenue and
Federal Highway, which would include all of the C-1 classifications
plus filling stations. These filling stations to be limited to ser-
vice operations only, excluding the automotive repairs, body work
and refinishing allowed in the C-2 zone.
The city attorney should clarify the exact content of this lat-
ter restriction."
/S/ PAUL S. KNOV~LES Ch'm.
Att'y. Nell E. MacN~illan addressed the Council, on behalf of the
Standard Oil Company, reviewing the hardship case of the Oil Company
as a result of the forthc.oming improveme.nt of Federal Highway, and
advised of the Company's intent to beautify the Northeast corner of
Federal & Atlantic in the reconstruction of its Service Station, if
re-classification of Lots 20, 21 and 22 in Block 116 is effected.
Att'y. MacMillan also cited the fact that more "Good-~!ill" and
favorable information concerning Delray Beach as a whole is dispensed
to the Public at Service Stations than any other source, including
the Chamber of Commerce, and further informed the Council as to this
particular location that the present unsightly condition of the adja-
cent lands,.intended to be purchased by Standard Oil Company and in-
corporated in their proposed N~ Station, would be not only eliminated
but beautified.
Commissioner McNeece, commenting on the new classification as
recommended by the Planning/Zoning Board, expressed his feeling that
such a change might resu. lt in undesirable additional requests of a
similar nature.
Commissioner Harbison disapproved of the Council considering any
action on the Zoning Board's recommendation in as much as the origi-
nal 'Notices' of a scheculed Public Hearing, concerning a requested
change in Zoning of this area, specifically indicated Re-Classifica-
tion from C-1 to C-2, whereas, as a result of which public hearing
the Planning/Zoning Board recommended the N~? Zoning of C-iA, the
Commissioner believing that Charter Requirements would not be proper-
ly respected without providing for a new hearing.
Following a general discussion of the issue, during which Commis-
sioner Harbison favored permissive use being considere~ rather than
zoning change, and the City Attorney advising the Council that, in
his opinion, no violation of Charter requirements would result in ac-
ceptance of the Planning/Zoning Board's recommendation, Commissioner
MARCH 12th, 1959.
McNeece move.d for acceptanc, e of the recommendation submitted by the
planning/Zoning Board, subsect to ALL property owners previously no-
tified of th.ePublic Hearing.referred to herein being informed of the
proposed revxsed Classifica~.on of C-IA rather thanC-2, as reommend-
ed by the Board, and that objections, if any, to such revised classi-
fication would be co.nsidered by the Council ag its regula.r meeting to
be .held in the Councxl Chambers at 7:30 P.M., Monday, Aprxl lSth.
Motxon was seconded by Commissioner Warren andu~,on Call of Roll -
Commissioner MaNeece and Warren, together with MA~or Talbot voted in
favor thereof, Commissioner Harbison being opposed.
'City Manager Lawson then read Ordinance No. G-SOS:
AN ORDINANCE OF THE CITY OF DEIRAY BEACH
REL~.TIN~ TO ZONING; AMENDING CHAPTER 29
OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH BY CREATING AND ESTABLISHII~
A NEW USE DISTRICT TO BE KNO~N AS "C-lA
SPEGIAL L]I~ITED COMi{ERCIAL DISTRICT" AND
PRESCRIBING THE USES PERMITTED THEREIN.
· Commissioner McNeece moved that Ordinance No. G-$08 be placed on
fmrst reading. Mot.iOn was seconded by Commissioner Warren and upon
Call of Roll -.Commassioners McNeece an.~ Warren, .~ogethe.r with Mayor
Talbot, voted xn favor thereof, Commissioner Harbxson bexng opposed.
The City Manager then read Ordinance No. G-S09:
AN ORDINANCB OF THE CITY OF DELRAY BEACH,
FLORIDA, REZONING AND PLACING*LOTS 20, 21
and 22, BLOCK 116 and Lots 1, 2 and $ C~
BLOCK 117, and LOTS 5, 6 and 7 OF BLOCK
109, and LOTS 23, 24 and 25 OF BLOCK 108,
CITY OF DELRAY BEACH, FLORIDA, ACCORDIN~
TO PLAT THEREOF ON FILE IN THE OFFICE OF
THE CLERK OF CIRCUIT COURT in and for
PAlM BEACH COUNTY, FLORIDA, AND AMENDING
Cov~ssioner McNeece move~ that Ordinance No. G-309 be placed on
first reading. Motion was seconded by Commissioner Warren and __upon
Call of Rol Commissioners McNeece and Warren, togethe? with Mayor
Talbot, voted in favor thereof, Commissioner Harbison bexng opposed.
City Manager Lawson then read Ordinance No. G-$07:
AN ORDINANCE OF THE CITY OF DELRAY BEACH
REI~TING TO ALCOHOLIC BEVERAGES: AME~
SECTIONS 4-5 AND 4-7 OF THE CODE OF ORDI-
NANCES OF THE CITY OF DELRAY BEACH, FLORIDA,
TO PROVIDE FOR THE SALE OF LIQUOR IN THE
WEST HALF OF BLOCK 82 OF THE CITY OF DELIMY
BEACH, FLORIDA.
The Council, on motion of Commissioner Warren and seconded by
Commissioner McNeece, unanimously approved placing Osdinance No. G-$07
on first reading.
The City Manager submitted the request of Mm. John A, Tha. yer,
Secretary of the Beach Taxpayers League, for possible re-zonxng of
of Lotsl thru 8 in Block i, and Lots 28 thru $? in Block 5, SEA~ATE
EXTENSION, from R-8 to a classification wherein no multiple dwelling
construction in excess of three seperate units shall be permitted on
any one lot.
The Council, on motion of Commissioner McNeece and seconded by
Ccmmisstoner. Harbis.on, unanimously approved referral of said 'Request'
to the Plannxng/Zonxng Board for study ONLY.
2
9ity Manager Lawson referred to the necessity.of providing for
Publication Notices concerning~"Introducti0n of B~lls" to be offered
at the 1959 Legislature and the Council, on motion of Commissioner
~r~~o~e~n~hb~u~c~n~ ~~, unanimously approved auth-
and payment of the expenses
thereof.
MEETING ADJOURNED at 3:20 P.M.
MARCH 12th, 1959