03-10-48SpMtg MARCH 10TH, 1948
A Special Meeting of the City Council of the City of Delray Beach was held in
the Council Chambers at 5 P. M. together with the Zoning Board, to consider the
granting of a Special Permit to Mr. O. D. Priest, Jr., to construct a store build-
ing on 'West Atlantic Avenue in a Residence "B" District, .and for any other necessary
business, with City Attorney John Moore, City Manager Charles E. Blac$, and the
following Councilmen present: M. M. DeWitt, John N. Kabler, Neil E. MacMillan and
C. J. White, a quorum being present.
In the absence of Mayor Brannon, Councilman M. M. DeWitt took 'the Chair and
conducted the meeting.
Mr. King Cone, Chairman of the Zoning Board, read the request of Mr. O. D.
Priest, Jr., for a change of zoning restrictions to allow him to construct a store
building on the W. 25' of the S. 140' of Block 12, and the E. 25~ of the S.
of Block 4. This was a request for a change in zoning and not for a Special Per-
mit.
~r. Cone explained that the Zoning Board felt it needed more information be~
fore m~king a recommendation to the Council, as not enough property owners were
present at the last hearing, therefore another hearing had been set for March 23rd,
when the rezoning of West Atlantic Avenue from Swinton Avenue to the Seaboard
Railway will be considered.
Mr. Cone further stated that Mr. Priest's request was for a change in the
zonihg regulations of his property, and not for a Special Permit. The Zoning
Board then asked that a proposed Ordinance be prepared by the Council for the
next hearing, embodying what it considered the essential points for the rezo~-
ing of West Atlantic Avenue, considering the anticipated growth of this Street.
Mr. Priest was agreeable to wait for a recommendation until this hearing could
be held.
Mayor Brannon then entered the meeting and assumed the Chair.
Mr. Cone then explained that the Zoning Board was only anxious to see the
town grow in an orderly way, and to see that restrictions would be placed om
buildings tb~t in ten or more years time would be adaptable. It was trying to
encourage a uniform development of a Str~:~et which will be an entrance to the
City in the future. With this in mtud the Zoning Board decided to call a public
hearing and notify property owners, also publish a notice in the newspaper, that
the rezoning of West Atlantic Avenue from Swinton Avenue to the Seaboard Railway,
would be considered on March 23rd.
Councilman ac~mm-an stated that after a preliminary public hearing the
Council would have to call a meeting to obtain public opinion, which would cause
some delay, and that Mr. Priest had agreed to comply with all the Zoning Board
had in m~d.
Mr. Cone still considered it would be folly to allow any building to be
built until a definite policy covering the entire Street had been adopted, cow
sidering the requirements for the Street in years to come.
MARCH lOTH, 1948
City Attorney Moore advised the Council that at the meting of the previous night
he had stated that in Lis opinion there was nothing in the Zoning 0r~inance or City
Charter requiring a request for a Special Permit to be referred to the Zoning Board
before being acted on by the Council. On further study he had found that requests
for Special Permits m~st go to ~e Zoning Commission.
Mayor Brannon, referring to the suggestions of the Zoning Board, which it ha~
asked be embodied in a proposed Ordinance by the CouncLl, asked Mr. Cone if such an
Ordinance were prepared if he .could then explain their p~l. ans to the public, stating
that some things mentioned might not be legal, to which ~. Cone replied that it
would be legal to require the construction of a curb and sidewalk, and that the
simplest way would be to deed necessary property to the City as a right-of-way~ amd
let the City maintain it.
Mr. Cone further stated that if the majority of affected property owners are in
favor of these suggestions, it will give the Council something to work on. If the
public is in favor of these provisions the Zoning Board will recommend that the
Council adopt the proposed Ordinance, if not some other method will have to be
worked out.
The delay for a public meeting before recommendations can be made by the Zc~i~g
Board to the City Council will be the only delay f~r Mr. Priest.
City Attorney Moore, with reference to the legality of the last comprehensive
rezoning of the City, stated that he thought it lacked legality for the reason that
the Charter which had precedence over Ordinances, provides that whenever a compre-
hensive zoning plan is put into effect, there must be a public hearing called, which
must be advertised for two weeks in a newspaper. He thought that if the City adopted
an overall plan without having given notice to the public, it would be illegal .ac-
cora~ng to law. Mr. Moore suggested that a new comprehensive plan be prepared, be
brought up to date, and a public hearing called.at this time. He recommended that
someone bring a mandamus action to test the legality of the recent master rezoning,
or a new rezoning plan. be prepared on a legal basis.
Councilman De,itt also recommended that a few necessary changes be made on the
present zoning map, that a public hearing be called, and the map adopted. A compre-
hensive zoning plan, in his opinion, meant changing the entire zoning plan of the
City, not instituted by any individual, but by public opinion, which the City would
obtain from a public hearing.
A motion was then made by Councilm~ Kabler, seconded by Councilman MacMilla~
that a suitable Ordinance be drawn up, adopting such a comprehensive rezoning as
the Council decides on, recommendations to be made by the Zo~g Board for an over-
all rezoning in compliance with the Charter requirements. Upon call of roll the
motion carried unanimously.
With ~rther reference to the request of Mr. Priest, Councilman White stated
that he felt that the Ordinance requiring that Special Permits be referred to the
Zoning Board for their recommerdation, was intended to prevent the Council from
taking speedy actiom on a question without the consideration of the Zoning Board.
Mr. Cone then stated that if the majority of the people at the public hearing
are in favor of the suggestions of the Zoning Board, the Council will be so noti-
fied. At that time the Board will also recommend that Mr. P~est be given permis-
sion to construct his proposed building, but that before anybody builds there some
restrictions will have been adopted that will be uniform and make a presentable
entrance to the City in the future.
Councilman White stated that if the action taken by the Council at last night's
meeting was illegal it would have no force and effect.
Mr. Priest asked the City Attorney and the City Council if it was any more il-
legal to grant him a Special Permit th~_n it was to change the zoning without noti-
fying property owners, contending that it should revert back to its former classi-
fication- a Business ZOne.
City Manager Black advised the Council that it would be hard to say to what
classification it would revert back, as no one knew which of several maps pre-
ceded the master rezoning map which was adopted last year.
When questioned by Councilman Kabler if nothing could be done legally to grant
this permit to Mr. Priest, City Attorney Moore advised him that there was a time
limit as to how long the Zoning Commission could take to make its recommendations.
His suggestion would be to go ahead with the comprehensive rezoning plan~ embody .......
ing what was needed c~ West Atlantic Avenue, as quickly as possible.
Mayor Brannon then recommended that the Council publish a notice of a public
hearing to consider the adoption of a comprehensive rezoning plan for the City~
and also get action for Mr. Priest, which involves the rezoning of West Atlantic
Ave., by notifying property ow~ners by mail.
Mr. Priest insisted that a public hearing had been held on his request, and
there were no o. Bjections to granting him a permit, except that the people would
like to see all of Atlantic Avemue changed.
A motion was then made by Mr. Jacobson, seconded by Mr. 0'Neal, of the Zeroing
Board, that Mr. Priest's request for a change in zoning regudations to permit him
to construct a store building on the W. 25' of the S. 140' of Block 12 and the
E. 25' of the S. 140' of Block 4, be rejected until such time as an over-all
plan can be adopted by the City of Delray Beach to affect West Atlantic Avenue
in its entirety. Upon call of roll themotion carried four to one, Mr. Pmckett
voting "No."
Mr. O'Neal explained his vote by stating that if this permit were granted
more similar requests would be made, and he was not in favor of granting "spot"
permits.
Mr. Jacobson stated that he believed spot zoning changes w~u~ld cause vary-
ing standards along a Street, which would be undesirable.
~ Mr. Puckett voted against the motion as he felt that when five Councilmen,
together with members of the Zoning Board, were in favor of this rezoning, it
should not be considered spot zoning.
MAR~ 10TH, 1948
A motion was then made by Councilman DeWitt, seconded by Councilman White~ that
the recu~.-,aendation of the Zoning Board be upheld, and upon call of roll the motion
carried, Councilmen Brannon, DeWitt and White voting in favor of the motion, and
Councilmen Kabler and MacMillan, opposing.
Councilman Kabler did not think it was an attitude of cooperation on the part of
the City of Delray Beach, and Councilman MacMillan stated that he did not see how
anyone could be hurt in this particular case.
Council then adjourned.
City Clerk
APPROVED:
Mayor